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Home My WebLink About2008 08-19 CC CDC AGENDA PKTAgenda Of A Regular Meeting - National City City Council / Community Development Commission of the City of National City Council Chambers Civic Center 1243 National City Boulevard National City, California Regular Meeting - Tuesday — August 19, 2008 — 6:00 P.M. Open To The Public Please complete a request to speak form prior to the commencement of the meeting and submit it to the City Clerk. It is the intention of your City Council and Community Development Commission (CDC) to 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 CALL Pledge of Allegiance to the Flag by Mayor Ron Morrison Public Oral Communications (Three -Minute Time Limit) NOTE: Pursuant to state law, items requiring Council or Community Development Commission action must be brought back on a subsequent Council or Community Development Commission Agenda unless they are of a demonstrated emergency or urgent nature. Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at (619) 336-4228 to request a disability -related modification or accommodation. Notification 24-hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Spanish audio interpretation is provided during Council and Community Development Commission Meetings. Audio headphones are available in the Lobby at the beginning of the meetings. Audio interpretacitin en espanol se proporciona durante sesiones del Consejo Municipal. Los audititonos estan disponibles en el pasillo al principio de la junta. Council Requests That All Cell Phones And Pagers Be Turned Off During City Council Meetings OF THE CITY COUNCIL OR COMMUNITY DEVELOPMENT COMMISSION MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.ci.national-city.ca.us CITY COUNCIUCOMMMUNITY DEVELOPMENT COMMISSION AGENDA 8/19/08- Page 2 PRESENTATION 1. Employee of the Month of August 2008 — Gabby Soriano — MIS Technician CITY COUNCIL 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 Adjourned Regular City CouncilCommunity Development Commission Meeting of August 5, 2008. (City Clerk) 3. Approval of a motion to waive reading of the text of the Ordinances considered at this meeting and provides that such Ordinances shall be introduced and/or adopted after a reading of the title only. 4. Resolution of the City Council of the City of National City awarding a contract to Industrial Coating and Restoration Services in the amount of $43,535 for the National City Police Department Security Fencing Installation Project. (Funded through Supplemental Law Enforcement Service Grant and General Funds). (Engineering) 5. Resolution of the City Council of the City of National City awarding a contract to Industrial Coating and Restoration Services in the amount of $44,100 for the National City Police Department Bullet -Resistant Glazing/Paneling Project. (Funded through Justice Assistance Grant and General Funds). (Engineering) 6. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement between the City and EsGil Corporation to provide plan checking, building inspection, and building consultant services. (Planning and Building) CITY COUNCIUCOMMMUNITY DEVELOPMENT COMMISSION AGENDA 8/19/08- Page 3 CONSENT CALENDAR (Cont.) 7. Resolution of the City Council of the City of National City recognizing approximately $1.4 Million in HOME Program Income, remit payment to the U.S. Treasury for the accrued interest and to take necessary action to initiate the public participation process for the remaining balance of funds. (Finance) 8. Resolution of the City Council of the City of National City recognizing approximately $2.9 Million in CDBG Program Income, remit payment to the U.S. Treasury for the accrued interest and to take necessary action to initiate the Public Participation Process for the remaining balance of funds. (Finance) 9. WARRANT REGISTER #3 (Finance) Warrant Register #3 for the period of 07/09/08 through 07/15/08 in the amount of $692,868.97. (Finance) 10. WARRANT REGISTER #4 (Finance) Warrant Register #4 for the period of 07/16/08 through 07/22/08 in the amount of $1,189,474.47. (Finance) NON CONSENT RESOLUTIONS 11. Resolution of the City Council of the City of National City accepting the termination of the lease with the National City Historical Society for the land (1615 East 4th St) on which Granger Hall is located, accepting a quitclaim deed from the Historical Society for said land, and directing the recordation of said quitclaim deed. (Redevelopment Division) ** Companion Item 22 ** PUBLIC HEARINGS 12. Public Hearing — An Amendment to Section XII of the Local Coastal Program Implementation Document pertaining to signs and outdoor advertising in the Coastal Zone. (Applicant: City initiated) (Case File No. 2007-41 LCP) (Planning) CITY COUNCIUCOMMMUNITY DEVELOPMENT COMMISSION AGENDA 8/19/08- Page 4 PUBLIC HEARINGS (cont.) 13. Public Hearing to consider, and declaring the City Council's intention tc grant, a non-exclusive franchise to NexHorizon Broadband of Southern California, Inc., to construct, maintain, and operate a cable television system within the City, pursuant to Chapter 6.10 of the National City Municipal Code. (City Attorney) ORDINANCE FOR ADOPTION 14. An Ordinance of the City Council of the City of National City amending Title 18 of the National City Municipal Code by amending Chapter 18.62 pertaining to Signs and Outdoor Advertising Displays. (Planning/City Attorney) NEW BUSINESS 15. Notice of Decision — Planning Commission approval for a Conditional 'J sc Permit for a car stereo sales and installation shop in an existing shopping center at 1050 Highland Avenue, Suite D. (Applicant: David Galalie (Case File 2008-22 CUP) (Planning) 16. Temporary Use Permit — Banner sign at Target Plaza Bonita from AuC us.. 20, 2008 to November 20, 2008. (Neighborhood Services) COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 17. Warrant Register for the period of 7/18/08 through 07/31/08 in the amour n1 o $441,288.21. (Community Development Commission/Finance) CITY COUNCIUCOMMMUNITY DEVELOPMENT COMMISSION AGENDA 8/19/08- Page 5 CONSENT CALENDAR (cont.) 18. A Resolution of the Community Development Commission of the City of National City (CDC) approving an Exclusive Negotiation Agreement with NCSDI No. 1, LLC, Derr Family Ventures LP and Derco Properties LLC related to roughly 15 acres of property in National City commonly called the Harbor Drive In site and 1.34 acres on National City Boulevard commonly known as the RCP site, owned by the Community Development Commission. (Redevelopment Division) 19. A Resolution of the Community Development Commission of the City of National City (CDC) approving an Agreement with Urban Futures, Inc. to provide financial consultant services for the Community Development Commission in an amount not to exceed $84,700 ($34,700 for consulting to the CDC and $50,000 for "as needed" services to be reimbursed largely through developer deposits). (Redevelopment Division) 20. A Resolution of the Community Development Commission of the City of National City (CDC) approving Section 8 Management Assessment Program (SEMAP) for Fiscal Year ending June 30, 2008 and authorizing the submittal of the SEMAP to the U.S. Department of Housing and Urban Development. (CDC — Section 8 Rental Assistance Division) 21. A Resolution of the Community Development Commission of the City of National City (CDC) approving the use of $1,597,534 for an interim loan utilizing tax increment housing set -aside funds for the Casa Familiar, Incorporated acquisition and rehabilitation project. (Community Development, Housing and Grants Division) NON CONSENT RESOLUTIONS 22. A Resolution of the Community Development Commission of the City of National City (CDC) approving a lease of the first floor of the historic Kimball House to the National City Historical Society for a period of 15 years and accepting ownership of the historic Granger Music Hall. (Redevelopment Division) ** Companion Item 11 ** CITY COUNCILJCOMMMUNITY DEVELOPMENT COMMISSION AGENDA 8/19/08- Page 6 NEW BUSINESS 23. A report: US Environmental Protection Agency (EPA) Brownfield Assessment Grant for the Westside Specific Planning Area. (Redevelopment Division) 24. A report on the feasibility of developing an Industrial Park for relocation of potential non -conforming uses in conjunction with the Westside Specific Plan. (Redevelopment Division) 25. A Presentation by Urban Land Institute's Technical Advisory Panel on the Transit Oriented Development Report prepared by the Westside Specific Plan Area. (Project No. 2007-34 GP, ZC, SP) STAFF REPORTS 26. A Report and Update on the Westside Specific Plan (2007-34 GP, ZC, SP) and Request for Council Direction. (Community Development Director) MAYOR AND CITY COUNCIL ADJOURNMENT Next Regular City Council and Community Development Commission Meeting - Tuesday — September 2, 2008 - 6:00 p.m. — Council Chamber - National City. TAPE RECORDINGS OF CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION MEETINGS ARE AVAILABLE FOR SALE IN THE CITY CLERK'S OFFICE ITEM #1 08/19/08 City of National City Human Resources Department 140 East 12'" Street, Suite B National City, California 91950-3312 Phone No. (619) 336-4300 Fax No. (619) 336-4303 MEMORANDUM July 29. 2008 TO Chris Zapata, City Manager FROM Stacey Stevenson an Resources Director SUBJECT EMPLOYEE OF THE MONTH PROGRAM The Employee of the Month Program communicates the City's appreciation for outstanding performance. In doing so, it recognizes employees who maintain high standards of personal conduct and make significant contributions to the workplace and community. The employee to be recognized in August 2008 is Gabby Soriano — MIS Technician By copy of this memo, the employee is invited to attend the Council meeting on Tuesday, August 19, 2008 to be recognized for his achievement and service. Attachment cc: Gabby Soriano Ron Williams — MIS Manager Councilmember Natividad Dionisia Trejo — Mayor/Council Office Human Resources — Office File SS:Igr Performance Recognition Program (2) ® Recycled Paper City of National City Performance Recognition Award Nomination Form I nominate Gabby Soriano for the Performance Recognition Award for the following reasons: Please state reason why your nominee should receive an award, (i.e., examples of service beyond requirements of position, exemplary service to the public, outstanding job performance, etc). Do not to exceed 150 total words. Please be as specific as possible when giving your examples. It is a great pleasure for me to nominate you for employee of the month of August 2008 in recognition of your exceptional performance and consistent contributions to the City Manager's Office and the City of National City. You are being recognized for your exceptional performance in support of the entire City of National City as well as the Information Technology Division. You were instrumental in the success of the Network Infrastructure upgrade at City Hall and the Police Department. You provided technical expertise in solving the Spanning Tree connectivity issue experienced by several users throughout the City of National City. Your tireless effort and dedication were key factors in resolving this issue before it negatively impacted staff productivity throughout the City. You demonstrated a positive willingness to assist fellow staff members when called upon during and beyond regular working hours. You demonstrated a high level of self - motivation by achieving your CISCO Certified Network Associate(CCNA) Certification, one of the most widely recognized IT industry certifications. Your ready and willing attitude is well appreciated by me and your co-workers. You are a valuable member of the National City Team. Congratulations on a job well done! FORWARD COMPLETED NOMINATION TO: National City Performance Recognition Program Human Resources Department Nominated b r Ron Willis Signature: i�% �, Date:7-29-08 ITEM #2 8/19/08 Approval of the Minutes of the Adjourned Regular City Council/Community Development Commission Meeting of August 5, 2008 (City Clerk) City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Dalla, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 To: Honorable Mayor and Council From: Michael R. Dalla, City Clerk Subject: Ordinance Introduction and Adoption ITEM #3 08/19/08 It is recommended that the City Council approve the following motion as part of the Consent Calendar: "That the City Council waive reading of . the text of all Ordinances considered at this meeting and provide that such Ordinances shall be introduced and/or adopted after a reading of only the title." ® Recycled Paper City of National City, California COUNCIL AGENDA STATEMENT iEETING DATE August 19, 2008 AGENDA ITEM NO. 4 ITEM TITLE A Resolution of the City Council of the City of National City awarding a Contract to Industrial Coating and Restoration Services, in the amount of $43,535 for the Police Department Security Fencing Installation Project. (Funded through Supplemental Law Enforcement Service and General Funds) PREPARED BY Kenneth Fernandez EXPLANATION Please see attached page with explanation. DEPARTMENT Engineering EXT. 4388 J Environmental Review X N/A MIS Approval Financial Statement Approved By: Finance Director The total estimated amount for the work is $51,535. Funding is available through Accounts 208-411-708-572-0000 (Supplemental Law Enforcement Service Fund (SLESF)) and 001-411-000-572-0000 (General Funds). The SLESF grant is for FY 07-08 in the amount of $40,000. This balance has been encumbered in FY 07-08 under account number 001-411-000-572-0000. Account No. STAFF RECOMMENDATION Adopt the Resolution. 1 N COM BOARD / COMMISS ME ATION N/A ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 3. Bidders' Proposal Summary Sheet 2. Bid Opening Information Sheet SPEC 08-06 A-200 (Rev. 7/03) EXPLANATION In November 2007, the Police Department expressed a need for security fencing in the upper parking lot. 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 $53,000. On August 11, 2008, nine bids for the National City Police Department Security Fencing Project were opened. (Please see attached Bidders' Proposal Sheet for details of the three lowest bidders.) The apparent lowest bidder, Industrial Coating and Restoration Services came in at $43,535. The total cost of the project is estimated to be $51,535. This amount includes the construction bid price of $43,535 plus approximately 7% ($3,000) for contingencies, approximately 7% ($3,000) for construction management services, and approximately 5% ($2,000) for materials testing, inspection, and/or surveying. The staff recommendation is to award the contract to Industrial Coating and Restoration to perform the work. RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO INDUSTRIAL COATING AND RESTORATION SERVICES IN THE AMOUNT OF $43,535 FOR THE NATIONAL CITY POLICE DEPARTMENT SECURITY FENCING INSTALLATION PROJECT WHEREAS, the Engineering Department, in open session on August 11, 2008, did publicly open, examine, and declare nine sealed bids for the National City Police Department Security Fencing Installation Project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the National City Police Department Security Fencing Project to the lowest responsive, responsible bidder, to wit: INDUSTRIAL COATING AND RESTORATION SERVICES BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract in the amount of $43,535 with Industrial Coating and Restoration Services for the National City Police Department Security Fencing Installation Project. Said contract is on file in the office of the City Clerk. PASSED and ADOPTED this 19th day of August, 2008. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney CALIFORNIA -K* NATIONAL Clisy • arc INCORPORATED BID OPENING SPECIFICATION NUMBER: 08-06 PROJECT TITLE: NATIONAL CITY POLICE DEPARTMENT SECURITY FENCING PROJECT TIME: 3:00 P.M. ESTIMATE: $53,000.00 PROJECT ENGINEER: KENNETH FERNANDEZ NO. KIDDER'S NAME (PAGE 15) 131D AMOUNT (PAGE 17-18 ) ADDENDA (PAGE 15) BID SECURITY (PAGE 20-CIiFCK (PAGE 21 -BOND) 1. Industrial Coating and Restoration Service 2534 Oceanside Blvd. • Oceanside, CA 92054 $43,535.00 N/A Bond 2. California Fence and Supply 17423 S. Figueroa Street Gardena, CA 90248 $45,827.00 N/A Bond 3. RMV Construction, Inc. 4079 I luerfano Avenue, Ste. 118 San Diego, CA 92139 $49,786.40 N/A Bond 4. Alpha Fence Co. 1450 Hill Street El Cajon, CA 92020 $51,919.00 N/A Bond 5. Bull Fence 12954 Francine Drive Poway, CA 92064 $52,490.00 N/A Bond 6. • Willkom Construction 5944 Edgewater Street San Diego, CA 92139 S53,585.00 N/A Bond 7. i'elliard Construction 740 Amiford Drive San Diego, CA 92107 $62,900.00 N/A Bond / I T INA I IVINAL t.,1 I T - JUIVIIVIAKT PROJECT NAME: NATIONAL CITY POLICE DEPARTMENT SECURITY FENCING PROJECT SPECIFICATION NO 08-06 PROJECT NO. 08-06 IFILE NO.: BID DATE, MONDAY. AUGUST 11.2008,3 PM APPARENT LOW BIDDER: INDUSTRIAL COATING & RESOFtAl ILOW BID AMOUNT: 543,535.00 'ENGINEERS ESTIMATE: 553,000 NO ITEM WROUGHT IRON FENCING SHEET METAL COVERING PAINT FIGURES CHECKED BY: Kenneth Fernandez SIGNA; CHECKLIST :010 ALL SIGNATURES ARE AFFIXED st,R,,,,FACTOP, TYPE & AMOUNT OF BOND liOND CiiECK ADDENDUMS TO BE ACKNOWLEDGE AFra : I.SCIUSJIU' ADDFNITTOS QTY. UNIT YES i;l4,A!0RF. S, 1 olis V,C.1 LIC,,,PACTONS YES .:10141 t'l WOK :):SC:.0SCRE 0)1!4DITAS YLS Sll/CO,TRACTON, ii( (RECK AFFIDAVIT DI0000SI!R4 ADDENDUMS YF YES 2 3 ledusinalCo.0 Sem Icon Fentv& Supr4y RMV AVERAGE (3 LOWEST RIDDING 1 ENGINEER'S ESTIMATE 2434 0,ranolde Blvd_ OL scowl, CA 7211,1 1142.1 S Figtivn, St . Gluck.. CA 'M248 4109 Iluerf•nu At e. 8/, 118. S.n Din, CA CONTRAcToRs) 760.500.9264 310-723-3623 619.517.5837 UNIT COST TOTAL UNIT COST TOTAL UNIT COST TOTAL UNIT COST TOTAL 3,530 1 SF ' S 14 40 I $ 50,832 00 I $ 9 50: S 1 I • .. 1 : LS : $ 900 000 I $ 900 00 I $ 5,000 00: 5 ' 1 LS ! $ :0000' $ .200 00 $ 5.000 00 S 5"I 000 00 33.535 001 $ 12 42! S 43,827 00 i $ 13 82 : 8 48,786 40 $ 1 I 91 : $ 42,054 07 : 5,170000! $ i.,:soocl $ '1,250 00! $ 900 00 i S 900 00 I $ 2,383 33 I $ 2,383 33 ! 1 ._._. 8,000 00 : S 750 OC $ 750 00 S I 00 00 $ 100 00 I S :,951/ 00 1 S 1,950 00 i ! : 5 43.5:+5 CO • i s 45,827.00 $ 49.786 40 : 46,387 40 : -1 7 868,, • 1 • I 3 53% .6 06./0 • 12 48% City of National City, California COUNCIL AGENDA STATEMENT FETING DATE August 19, 2008 AGENDA ITEM NO. 5 ITEM TITLE A Resolution of the City Council of the City of National City awarding a Contract to Industrial Coating and Restoration Services, in the amount of $44,100 for the National City Police Department Bullet - Resistant Glazing/Paneling Project. (Funded through Justice Assistance Grant and General Funds) PREPARED BY Kenneth Fernandez DEPARTMENT Engineering EXT. 4388 EXPLANATION Please see attached page with explanation. Environmental Review X N/A MIS Approval Financial Statement Approved By: Y Finance Director The total estimated amount for the work is $52,500. Funding is available through Accounts 290-411-502-599-0000 (Justice Assistance Grant (JAG)) and 001-411-000-572-0000 (General Funds). The JAG grant is for FY 05-06 in the amount of $34,723. The balance has been encumbered in FY 07-08 under account number 001-411-000-572-0000. Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION IRECOMMEN ' A N/A ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 3. Bidders' Proposal Summary Sheet 2. Bid Opening Information Sheet \ SPEC 08-07 A-200 (Rev. 7/03) EXPLANATION In November 2007, the Police Department expressed a need in securing their lobby with a bullet -resistant barrier. 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 $ 64,000. On August 11, 2008, three bids for the National City Police Department Bullet -Resistant Glazing/Paneling Project were opened. (Please see attached Bidders' Proposal sheet for details.) The apparent lowest bidder, Industrial Coating and Restoration Services came in at $44,100. The total cost of the project is estimated to be $52,500. This amount includes the construction bid price of $44,100 plus approximately 7% ($3,100) for contingencies, approximately 7% ($3,100) for construction management services, and approximately 5% ($2,200) for materials testing, inspection, and/or surveying. The staff recommendation is to award the contract to Industrial Coating and Restoration Services to perform the work. RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO INDUSTRIAL COATING AND RESTORATION SERVICES IN THE AMOUNT OF $44,100 FOR THE NATIONAL CITY POLICE DEPARTMENT BULLET -RESISTANT GLAZING/PANELING PROJECT WHEREAS, the Engineering Department, in open session on August 11, 2008, did publicly open, examine, and declare three sealed bids for the National City Police Department Bullet -Resistant Glazing/Paneling Project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the National City Police Department Bullet - Resistant Glazing/Paneling Project to the lowest responsive, responsible bidder, to wit: INDUSTRIAL COATING AND RESTORATION SERVICES BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract in the amount of $44,100 with Industrial Coating and Restoration Services for the National City Police Department Bullet -Resistant Glazing/Paneling Project. Said contract is on file in the office of the City Clerk. PASSED and ADOPTED this 19th day of August, 2008. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney CALIFORNIA - NATIONAL errY INCORPORATED BID OPENING SPECIFICATION NUMBER: 08-07 PROJECT TITLE: NATIONAL CITY POLICE DEPARTMENT BULLET -RESISTANT GLAZING/PANELING PROJECT TIME: 4:00 P.M. ESTIMATE: $64,000.00 PROJECT ENGINEER: KENNETH FERNANDEZ NO. BIDDER'S NAME (PAGE 15) 13►D AMOUNT (PAGE 17-18 ) ADDENDA (PAGE 15) BID SECURITY (PAGE 20-CHECK (PAGE: 21 -BOND) 1. Industrial Coating and Restoration Services 2534 Oceanside Boulevard Oceanside, CA 92054 S44,100.00 N/A Bond 2. L.W. Waldapfel Contracting 2660 Poinsettia Drive San Diego, CA 92106 $88,018.00 N/A Bond 3. Telliard Construction 740 Amiford Drive San Diego, CA 91941 $145,800.00 N/A Bond l,rl 11 'Jr INM I IVIVMi LI I- OIIJ J UIv11vIMft 1 PROJECT NAME: FIGURES CHECKED BY: NATIONAL. CITY POLICE DEPART::LENT BLLLET-RESISTANT GLAZING • PANELING PROJECT SPECIFICATION NO 08-07 PROJECT NO. 08-07 !FILE NO.: IBID DATE: MONDAY, AUGUST 11,I008, 4:00 PM I APPARENT LOW BIDDER: INDUSTRIAL COATING & RESTOR+ 'LOW BIDAMOI'NT: $44,100.00 ENGINEERS ESTIMATE: $64,000.00 NO. 2 3 J 4 5 6 7 8 10 ITEM H>1 DOUR W CARD READER CAPABILITY BLACK -OUT BLINDS BULLET -RESISTANT GLASS BULLET -RESISTANT GLASS HARDWARE BULLET -RESISTANT' FIBERGLASS ARMOR GRANITE PANEL REMOVAL/REINSTALL CASEWORK DEMOLITION NEW CASEWORK SIGNAGE MISC CARPENTRY PAINT CHECKLIST Kenneth Fernandez Sx) An'0> S'.1N:bN FRACT,NS ALL SIGNATURES ARE AFFIXED t,Rs TYPE & AMOUNT OF SONO /I0ND ctCCK ADDENCUMS TO 0E ACKNOWLEDGE AFHT)Avrt DISC.., 'St flit, ADD!..`17:ASS ENGINEER'S ESTIMATE . QTY. UNIT , • YES '0(NNURE V.n.,U, Si (iKOSTRACIORY \-.lirru, Si 'RCOYTRACIORS YES BONI)CIC:CK (1SCL(15:0(:; ADDILSTO'MS YES 'SSitiATVRE V.nnu, S1'fk'ONTR ACTORS V.rtoot S;'9CO,TRAC<)RR YFs POND HECK A'rFDAVC :):SCLOSI:R0 ADDFSIDUMS YES YES 2 3 pedu.rctrl Co.l,n66t s..tor.tl.n S.r.,.., LW. Wdd.p14 CConstructioncrny T.,.rd Construction AVERAGE (3 LOWEST BIDDING ' '2534 O...n,idr Blvd.. Oram.ld.. CA 921154 :266U Poin.Rltl. Dr., SD. CA 92106 "46 Arnllord Dr., SD, CA 92107 1 I 760.600.9264 !619.7676885 '619.224-472S CONTRACTORS) i UNIT COST . TOTAL UNIT COST ; TOTAL UNIT COST TOTAL UNIT COST TOTAL I LS -' 5 2,040 00, S 2,040 00 I $ 4.500 001 S 4,500 001 $ 6,500.001 S 6,500 00 i $ 9,832 001 3 9,832 001 $ 6,944.00 i S 6,944 001 , 1 LS ; $ 9000001 $ 90000� $ 1,20000i S 1,200.00! $ 1,900001 $ 1,90000: 5 4,214 001 $ 4,214001 S 2,43800( $ 2,43800! , SF ! 5 0; 57,59000i $100 316>2I S 31,69200' i C ' EA S 600 001 S 2,400 001 S 400 00- 5 (.800 OO i S 625 001 S 2,500 00: S 3,336 001 S 13.344 00' S 1,453 671 $ 5,814 67 4 00 ! SF I $ 72 00 S ! 2,240 GO S 40 00 S 6,8(Ri 00 S 17 65 E 3,000 00 $ 89 00 j $ 15,130 00 , $ 48 88 ! $ 8,310 17 1 -- j - - ... (. --f -- - _ 4 - - _ _ � LS $ 1,200 001 $ 200 00 $ 8,000 00 S 8.000 00 S 100 00- 1 $ 1400 00 I $ 9,130 00I E 9, I30 00' S 6,17G 67 S 6,176 67 j I LS 8 1,440001 $ 1,44000` - S 5,000001 $ 5,000001 S I60000, S I600001 ▪ S 5,197001 $ 5,19700i 5 3,932)3' $ 3,93233 I 1 - _ 4- - l . 15 LF 1 S 264 00 S 3,960 001 $ 2 33 331 $ 3,499 95', S 679 00 ( S 10,18500' S 1 002 00 ! S 15,030 001 $ 638 i l k $ 9,571 65: • I LS 1 S 18000! S 180001 S 50000; S 50000j S I,50000 S 1,50000 S 2,66900 S 2,66900 S 1,5563? S 1,55633 I LS - ! $ 2,400 O01 S 22,400Wi S 3,50000! S 3,50000j $ IG,50(100? $ 16,50000i $ 9,130 001 S 9,13000' 9 9,'1000; S 9,710 G0 i , I LS S 1,200 00' S 1,200 00 $ 5.000 00: S 5,000 001 $ 1,955 00 S 1,955 00 S 4,495 00 S 4,495 00 S 3,816 67 . $ 1,816 67 1 64,300 00 88,018 00 -31 09' o 37 5350 t 145.800 00 : 12781". S9,962 48 40 57% City of National City, California COUNCIL AGENDA STATEMENT AEETING DATE August 19, 2008 AGENDA ITEM NO. 6 (ITEM TITLE Resolution of the City of National City Authorizing the Mayor to Execute an Agreement Between the City and EsGil Corporation to provide Plan Checking, Building Inspection, and Building Consultant Services. PREPARED BY Luis Sainz x-4214/ DEPARTMENT Planning and Building Department EXPLANATION The Planning and Building Department, along with the Fire Department utilizes EsGil Corporation to conduct plan checking. building inspections and other related development services on an as needed basis. The current contract with EsGil Corporation has been in effect since 1981 and is outdated and needs to be revised to be consistent with the updated standards and codes. The Agreement has a base amount of $100,000 in any fiscal year for building services not covered by the plan checking fee, with a factor of 15% for additional charges and contingencies. Environmental Review _N/A Exempt Financial Statement This Agreement is funded by development fees collected, and Expert and Consultant budgeted funds. Approved By: Finance Director Account Nos. 120-406-028-213 001-406-028-213 STAFF RECOMMENDATION Adopt the attached resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Resolution 2. Contract with Exhibit "A", Scope of Work, and Exhibit "B", Labor Rates Schedule 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 WITH ESGIL CORPORATION TO PROVIDE PLAN CHECKING, BUILDING INSPECTIONS, AND OTHER RELATED DEVELOPMENT SERVICES ON AN AS -NEEDED BASIS WHEREAS, the City desires to employ a contactor to provide Plan Checking, Building Inspections, and Other Related Services on an as -needed basis; and WHEREAS, the City has determined that EsGil Corporation is qualified by experience and ability to perform the services desired by the City, and EsGil Corporation is willing to perform such services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an agreement with EsGil Corporation to provide Plan Checking, Building Inspections, and Other Related Services on an as -needed basis. Said Agreement in on file in the office of the City Clerk. PASSED and ADOPTED this 19th day of August, 2008. Ron Morrison, Mayor ATTEST: Michael R. Daila, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND ESGIL CORPORATION THIS AGREEMENT is entered into this 19th day of August, 2008, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and EsGil Corporation, a California Corporation (the " "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide plan checking, building inspection, and building consultant services. WHEREAS, the CITY has determined that the CONSULTANT is a building safety plan review service company 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 CONSULTANT shall appear at meetings as needed to keep staff and City Council advised of the progress on the project. 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, not to exceed a factor of 15% from the base amount. Esgil Contract July 31, 2008 3. PROJECT COORDINATION AND SUPERVISION. The Building Official hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The Fire Marshal of the City of National City is designated as the primary contact for all fire plan related work and questions. 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. Richard Esgate is designated as the Project Director for the CONSULTANT. 4. COMPENSATION AND PAYMENT. The CITY establishes the plan checking fee by resolution of the City Council. The CITY collects the plan checking fee from the applicant. The CONSULTANT'S compensation for reviewing plans, commonly referred to as plan checking, shall be eighty -percent (80%) of the plan checking fee collected by the CITY for each permit based upon the CITY's adopted fee schedule in effect at the time of the the plan check submittal. For plan review of repetitive buildings, such as in housing tracts, apartment complexes, or industrial tracts, the CONSULTANT'S compensation will be as stated above for each basic building plan and shall not exceed twenty percent (20%) of the plan check fee for each identical building in the development. The City establishes the building inspection fee by resolution of the City Council. The CITY collects the building inspection fee from the applicant. The City may request the CONSULTANT to perform building inspections, as needed. When the City requests CONSULTANT to perform building inspections for an entire development or project, the CONSULTANT'S compensation for conducting these building inspections shall be eighty (80%) of the building inspection fee collected by the CITY for each permit based upon the CITY's adopted fee schedule in effect at that time. For building inspections, permit technician assistance, plan review, and other services as needed which are not related to performing such service for an entire development or project, which are not covered by the plan checking fee, and which are performed by CONSULTANT stationed in the City's offices, CONSULTANT'S compensation shall be based on the preferred rate hourly fee for that type of service, as stated in Exhibit B, entitled the Labor Rate Schedule, and incorporated herein. 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 "B"shall not exceed One -hundred thousand dollars ($100,000.00) (the Base amount) in any fiscal year, without prior written authorization from the Project Coordinator. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "B "as determined by the CITY. 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 2 Esgil Contract July 31, 2008 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/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 CONTRACTOR/CONSULTANT in this Agreement, the City or the CONTRACTOR/CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONTRACTOR/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 CONTRACTOR/CONSULTANT. 6. LENGTH OF AGREEMENT. This Agreement shall be for two years from the commencement of this Agreement, with the option of the CITY to extend the Agreement at one-year intervals, up to three extensions. 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 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, 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 CITY, or for any liability to the CITY should the documents be used by the CITY 3 Esgil Contract July 31, 2008 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 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, 4 Esgil Contract July 31, 2008 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 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. The CONSULTANT 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 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 5 Esgil Contract July 31, 2008 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 14, 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 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 14. 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 subcontractors, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). 6 Esgil Contract July 31, 2008 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 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 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 7 Esgil Contract July 31, 2008 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. 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, 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 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 Tess 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, 8 Esgil Contract July 31, 2008 postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY: To the CONSULTANT: Luis Sainz, Building Official Planning and Building Department City of National City 1243 National City Boulevard National City, CA 91950-4301 Richard Esgate, President Esgil Corporation 9320 Chesapeake Dr., #208 San Diego, CA 92123 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 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 9 Esgil Contract July 31, 2008 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. I. Entire Agreement. This Agreement supersedes any prior agree- ments, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. 10 Esgil Contract July 31, 2008 J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY ESGIL CORPORATION (Corporation - signatures of two corporate officers) (Partnership - one signature) (Sole proprietorship - one signature EOMilk By: By", r� �. Ron Morrison, Mayor ' Richard Es s ' , P r APPROVED AS TO FORM: George H. Eiser, III City Attorney 11 ident By: l� Kurt Cu ver, Vice President Esgit Contract July 31, 2008 EXHIBIT A EsGil Corporation In ?artnership with 4 overnment for 43uifding Safety SCOPE OF WORK FOR NATIONAL CITY 7-28-08 1. Provide complete Building Division plan check services for compliance with Title 24: Building, Electrical, Plumbing and Mechanical Codes, Energy Conservation and Disabled Access regulations. All as amended by the City of National City. 2. Provide staffing for counter, inspection, plan check, Deputy Building Official as staff is needed by City and as staff is available by EsGil. Provide Fire Department plan check services for Fire Code, Building Code and City ordinances including: Fire Suppression Systems, Fire Alarms, Fire Resistant Construction, Exits and Fire Department Occupancy regulations. 4. Provide Building Division inspection services for compliance with Title 24: Building, Electrical, Plumbing, and Mechanical Codes, Energy Conservation and Disabled Access regulations all as amended by the City of National City. Services to include: A. Providing trained, credentialed building inspection staff and supervision to perform the mandated inspections. B. Providing necessary transportation, applicable inspection equipment, including cell phones to facilitate communication. C. Providing technical engineering support relating to code related issues, and plan interpretation for all engineering disciplines. D. Coordinating all inspection and re -inspection requests for all disciplines. E. Providing next -workday inspections of all requested inspections and re - inspections for compliance with the State of California mandated International Building Code, Plumbing Code, Mechanical Code, Electrical Code, Disabled Access Regulations and Energy Conservation Regulations as these regulations have been adopted and amended by the City of National City. 9320 Chesapeake Drive, Suite 208 • San Diego, California 92123 ♦ (858) 560-1468 ♦ Fax (858) 560-1576 F Coordinating with the Building Official on all discretionary decisions and/or requests for alternate materials or types of construction. G. Coordinating with the Building Official on all certificates of occupancy to be sure that all applicable City regulatory agencies have approved the project. H. Maintaining all inspection records Our fee for performing the inspection services is 80% of the City adopted Building Permit Fee. Fees will be billed monthly as follows: After inspection approval of under -building utilities and approval of placement of concrete for foundations 25% After inspection of framing, rough electrical, rough plumbing, rough mechanical 35% After final inspection of all building elements 20% 5. Provide extra work requested in writing by the City and as agreed to by EsGil. EXHIBIT nBir ESGIL CORPORATION LABOR RATES SCHEDULE 2007/2008 REGULAR PREFERRED CLASSIFICATION HOURLY RATE HOURLY RATE Division Manager $ 192.00 $ 140.00 Supervising Structural Engineer 180.00 135.00 Civil Engineer • 140.00 105.00 Electrical Engineer 140.00 105.00 Mechanical Engineer 140.00 105.00 Structural Engineer 160.00 120.00 Energy Plans Examiner 140.00 105.00 I.C.C. Plans Examiner 120.00 90.00 Supervising Building Inspector 126.00 95.00 Building Official 130.00 100.00 Deputy Building Official 120.00 90.00 Building Inspector 108.00 83.00 Permit Specialist/Counter Tech 96.00 72.00 Clerical Support 45.00 34.00 Fire protection engineer Fire plans examiner Fire inspector NOTES: 160.00 120.00 108.00 120.00 90.00 83.00 Labor rates are only used, when requested by our clients, where the use of a percentage of the permit fee or plan check fee is not applicable or appropriate. Normal plan check is provided for 80% of the jurisdiction's plan check fee. Normal code compliance inspections are provided for 80% of the permit fee. If jurisdiction permit and plan check fees are less than the 1997 UBC Table 1-A fee, Esgil's minimum charge is 75% of the Table 1-A fee for inspection and 50% of the Table 1-A fee for plan check. "Preferred" rates are used for client jurisdictions where EsGil has a current, ongoing contract with the jurisdiction to provide plan check or inspection services. A further reduction in rates may be provided for long-term, contract staff assignments. Rates are increased by a factor of 1.5 for overtime, and for holiday and weekend assignments. y City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 19, 2008 AGENDA ITEM NO. 7 rITEM TITLE RESOLUTION TO RECOGNIZE APPROXIMATELY $1.4 MILLION IN HOME PROGRAM INCOME, REMIT PAYMENT TO THE US TREASURY FOR THE ACCRUED INTEREST AND TO TAKE NECESSARY ACTION TO INITIATE THE PUBLIC PARTICIPATION PROCESS FOR THE REMAINING BALANCE OF FUNDS PREPARED BY Jeanette Ladrido, C Finance Director DEPARTMENT Finance x 4331 EXPLANATION The First Time Homebuyer Program , funded by HOME, has been administered by the Community Development Commission since the early 1990's. With the consolidation of the CDC with the City operations, a review of the program was completed and approximately $1.4 million in program income has been identified. Per discussions with our HUD representatives, staff has been given direction to calculate the accrued interest on the $1.4 million and remit payment to the US Treasury. Environmental Review _X _ N/A Financial Statement Approximately $1.4 million in First Time Home Buyer Program Income is available. Account No. STAFF RECOMMENDATION 1. Direct staff to calculate the amount due to the US Treasury and remit payment as soon as possible. 2. Direct staff to take the necessary action to initiate the public participation process for the September 2, 2008 Council meeting. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. 1. Resolution L. 2. Estimated timeline of activity A-200 (9/80) RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RECOGNIZING APPROXIMATELY $1.4 MILLION IN HOME PROGRAM INCOME, AUTHORIZING PAYMENT OF THE ACCRUED INTEREST TO THE UNITED STATES TREASURY DEPARTMENT, AND AUTHORIZING THE FINANCE DIRECTOR TO TAKE THE NECESSARY ACTIONS TO INITIATE THE PUBLIC PARTICIPATION PROCESS FOR THE REMAINING BALANCE OF FUNDS WHEREAS, the First Time Homebuyer Program ("Program"), funded by HOME, has been administered by the Community Development Commission of the City of National City ("CDC") since the early 1990's; and WHEREAS, with the consolidation of CDC and City operations, a review of the Program was conducted, and approximately $1.4 Million in program income has been identified; and WHEREAS, the City has been advised by the U.S. Department of Housing and Urban Development (HUD) to calculate the accrued interest on the $1.4 Million, and remit payment to the U.S. Treasury Department. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby recognizes the $1.4 Million in First Time Homebuyer Program income, and authorizes payment of the accrued interest to the U.S. Treasury Department. BE IT FURTHER RESOLVED that the City Council hereby authorizes the City Manager or his designee to initiate the Public Participation Process for the remaining balance of HOME funds. PASSED and ADOPTED this 19th day of August, 2008. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Attachment 2: FY 2008-2009 Annual Action Plan Amendment Process Timeline FY 2008-2009 CDBG AND HOME PROGRAM ANNUAL ACTION PLAN AMENDMENT PROCESS FOR PROGRAM INCOME - FUNDING ALLOCATIONS August 14 , 2008 (Thursday) Send Public Notice to Newspaper August 16, 2008 (Saturday) Ad is Published (16 days prior to PH#1) September 2, 2008 City Council Public Hearing #1- Community Needs Discussion, Discussion of Eligible PI uses, & HUD's recommendations due to timing issues impacting the PI 6pm City Hall Council Chamber September 5, 2008 (Friday) - October 6, 2008 (Monday) 30 Day Comment Period Publish the proposed allocations for the PI & Provide info regarding programs/activities for viewing at the following locations: Library, Section 8 Office, Senior Center, and City Hall. October 7, 2008 (Tuesday): City Council Public Hearing #2 - Community's Last Opportunity to Comment on the proposed uses of the PI during the PH#2. Upon closure of PH#2, Council vote to finalize the amendment process to the FY 2008-2009 Annual Action Plan 6pm City Hall Council Chamber October 10, 2008 Submit a letter to HUD confirming the amendment process and the allocation of the PI. (Amendment Process will also be noted in the FY 08-09 CAPER.) H:\Rosemary\CDBG & HOME\Amendment Process for PI -08-09 AAP\Attachment 1 - TIMELINE.doc City of National City, California COUNCIL AGENDA STATEMENT .EETING DATE August 19, 2008 AGENDA ITEM NO. 8 ITEM TITLE RESOLUTION TO RECOGNIZE APPROXIMATELY $2.9 MILLION IN CDBG PROGRAM INCOME, REMIT PAYMENT TO THE US TREASURY FOR THE ACCRUED INTEREST AND TO TAKE NECESSARY ACTION TO INITIATE THE PUBLIC PARTICIPATION PROCESS FOR THE REMAINING BALANCE OF FUNDS PREPARED BY DEPARTMENT Jeanette Ladrido, C. Finance x 4331 Finance Director EXPLANATION The The Rental Rehabilitation Program, funded by CDBG, has been administered by the Community Development Commission since the early 1970's. With the consolidation of the CDC with the City operations, a review of the program was completed and approximately $2.5 million in program income has been identified. Additionally, staff has estimated about $400,000 of CDBG funds remaining from the Section 108 Loan proceeds. Total CDBG funds available is approximately $2.9 million. Per discussions with our HUD representatives, staff has been given direction to calculate the accrued interest on the $2.9 million and remit payment to the US Treasury. Environmental Review X NIA Financial Statement Approximately $2.5 million in Rental Rehabilitation Program Income and $400,000 in Section 108 Loan proceeds is available. Account No. STAFF RECOMMENDATION 1. Direct staff to calculate the amount due to the US Treasury and remit payment as soon as possible. 2. Direct staff to take the necessary action to initiate the public participation process for the September 2, 2008 Council meeting. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) Resolution No. 1. Resolution 2. Estimated timeline of activity A-200 (9/80) RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RECOGNIZING APPROXIMATELY $2.9 MILLION IN CDBG PROGRAM INCOME, AUTHORIZING PAYMENT OF THE ACCRUED INTEREST TO THE UNITED STATES TREASURY DEPARTMENT, AND AUTHORIZING THE FINANCE DIRECTOR TO TAKE THE NECESSARY ACTIONS TO INITIATE THE PUBLIC PARTICIPATION PROCESS FOR THE REMAINING BALANCE OF FUNDS WHEREAS, the Rental Rehabilitation Program ("Program"), funded by CDBG, has been administered by the Community Development Commission of the City of National City ("CDC") since the early 1970's; and WHEREAS, with the consolidation of CDC and City operations, a review of the Program was conducted, and approximately $2.5 Million in Program income has been identified; and WHEREAS, staff has estimated that approximately $400,000 of CDBG funds are remaining from the Section 108 Loan proceeds; and WHEREAS, the total CDBG funds available is approximately $2.9 Million; and WHEREAS, the City has been advised by the U.S. Department of Housing and Urban Development (HUD) to calculate the accrued interest on the $2.9 Million, and remit payment to the U.S. Treasury Department. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby recognizes the $2.9 Million in CDBG Program income, and authorizes payment of the accrued interest to the U.S. Treasury Department. BE IT FURTHER RESOLVED that the City Council hereby authorizes the City Manager or his designee to initiate the Public Participation Process for the remaining balance of CDBG funds. PASSED and ADOPTED this 19th day of August, 2008. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Attachment 2: FY 2008-2009 Annual Action Plan Amendment Process Timeline FY 2008-2009 CDBG AND HOME PROGRAM ANNUAL ACTION PLAN AMENDMENT PROCESS FOR PROGRAM INCOME - FUNDING ALLOCATIONS August 14 , 2008 (Thursday) Send Public Notice to Newspaper August 16, 2008 (Saturday) Ad is Published (16 days prior to PH#1) September 2, 2008 City Council Public Hearing #1- Community Needs Discussion, Discussion of Eligible PI uses, & HUD's recommendations due to timing issues impacting the PI 6pm City Hall Council Chamber September 5, 2008 (Friday) — October 6, 2008 (Monday) 30 Day Comment Period Publish the proposed allocations for the PI & Provide info regarding programs/activities for viewing at the following locations: Library, Section 8 Office, Senior Center, and City Hall. October 7, 2008 (Tuesday): City Council Public Hearing #2 — Community's Last Opportunity to Comment on the proposed uses of the PI during the PH#2. Upon closure of PH#2, Council vote to finalize the amendment process to the FY 2008-2009 Annual Action Plan 6pm City Hall Council Chamber October 10, 2008 Submit a letter to HUD confirming the amendment process and the allocation of the PI. (Amendment Process will also be noted in the FY 08-09 CAPER.) H:\Rosemary\CDBG & HOME\Amendment Process for PI -08-09 AAP\Attachment 1 - TIMELINE.doc I City of National City, California COUNCIL AGENDA STATEMENT LETING DATE August 19, 2008 AGENDA ITEM NO. 9 ITEM TITLE Warrant Register #3 for the period of 07/09/08 through 07/15/08 in the Amount of $692,868.97 PREPARED BY D. Gallegos -Finance DEPARTMENT Finance EXT. Jeanette Ladrido EXPLANATION 619-336-4331 Per Government Section Code 37208, attached are the warrants issued for the period of 07/09/08 through 07/15/08. The Finance Department has implemented a policy to provide explanation of all warrants Above $50,000.00 Vendor Check# Amount Explanation CDC 221755 255,696.64 NCNP Exp Public Emp Ret Sys 221781 254,622.51 Emp Ret Sys PPE 06/30/08 Literacyworks 221836 50,000,00 State Expert Svcs Payroll Various 692,868.97 PPE 06/30/08 CEnvironmental Review N/A I -Financial Statement Not applicable. MIS Approval >STAFF RECOMMENDATION Approved B . Finance Director Account No. Ratification of warrants in the amount of $ 1,727,635.28 BOARD / COMMISSION RECOMMENDATION 1. Warrant Register #3 ATTACHMENTS ( Listed Below ) Resolution No. A-200 (Rev. 7/03) 1/3 PAYEE ADAMSON POLICE PRODUCTS ARJIS ASSI SECURITY BROADWAY AUTO ELECTRIC BROADWAY AUTO GLASS CALIFORNIA COMMERCIAL SECURITY CARDOZA CARQUEST AUTO PARTS CDWG CLAIMS MANAGEMENT ASSOCIATES COMMUNITY DEVELOPMENT COMMUNITY DEVELOPMENT CORPORATE EXPRESS D-MAX ENGINEERING INC D-MAX ENGINEERING INC D-MAX ENGINEERING INC D-MAX ENGINEERING INC LTACARE (PMI) OOKKEN ENGINEERING EXPERIAN FEDEX FEDEX FEDEX FLEET SERVICES, INC FON-JON KENNELS HYDRO-SCAPE PRODUCTS INC. INDEPENDENT FORENSIC SERVICES INTERNATIONAL CODE COUNCIL. INC MAES MAN K-9 INC. MILE OF CARS ASSOCIATION MORGAN SQUARE INC NAPA AUTO PARTS ORANGE COUNTY SHERIFF'S DEPT PERRY FORD PRUDENTIAL OVERALL SUPPLY PUBLIC EMP RETIREMENT SYSTEM RIVERSIDE COUNTY SHERIFF DEPT RON BAKER CHEVROLET SAN DIEGO UNION TRIBUNE SD CNTY POLICE CHIEFS 8, SIRCHIE FINGERPRINT LAB, INC. TARTECH COMPUTERS STRATACOM TETRA TECH ISG #1 TETRA TECH ISG #1 TOPECO PRODUCTS TRISTAR RISK MANAGEMENT t I c RANK f'f)RPf1RATF PAYMT SYS :NCORPOIRATED -� WARRANT REGISTER # 3 7/15/2008 DESCRIPTION SAFETY VESTS AND COVERS ARJIS COSTS, JPA COSTS SECURITY KEY CARDS ELECTRICAL PARTS FOR VEHICLES BACK WINDOW GREEN TINT MOP #45754 6 PIN ORIGINAL KEYS BASIC TRAFFIC INVEST COURSE - PD MOP #47557 CONTROL KNOB ADOBE ACROBAT PROFESSIONAL V.9 CLAIM: ADJUSTING SERVICES REIMB CDC-NCNP EXPENDITURES REIMB CDC-NCNP EXPENDITURES COPY PAPER DEPOSIT#1214 CENTRO CONDO DEPOSIT#954 HARBOR VIEW CONDOS DEPOSIT#1109 HILLSIDE HOMES DEPOSIT#1194 GROVE PLAZA DENTAL INS PMI JULY 2008 MAY 2008 SERVICES CREDIT CHECKS FOR NEW PD EMP MAILED DOC/INFRAST PROJECT MAILED DOC/GEORGIOU PAINTING FEDEX HOUSING ELEMENT TO STATE MOP #67804 KIT SPARES KENNEL.FEES FOR POLICE K9'S MOP #45720 SPRINKLER PARTS SART EXAMS ICC MEMBERSHIP - PLANNING BASIC CRIMINAL INVESTIGATION - PD WEEKLY TRAINING - JUNE 08 FY06-07 APPORTIONMENT#13 FY07-08 APPORTIONMENT#12 MOP #45735 AUTO PARTS BASIC TRAFFIC INVEST COURSE - PD MOP #45703 MAINTENANCE SVC MOP #45742 UNIFORMS - PARKS SERVICE PERIOD 06-08-5 BASIC CRIMINAL INVESTIGATION - PD MOP #45751 MAINTENANCE SVC ADS-JUNE 08 PLANNING MEMBERSHIP RENEWAL - PD LAB SUPPLIES MOP 61744 MINOR EQUIPMENT - MIS MOP 63845 CITATION BOOK - PCHSNG DEPOSIT#1221 2919 LEONARD ST DEPOSIT#1175 827 E 13TH STREET MOP #63849 CABLE TIE PREFUND REQUEST - FIRE C.RFI)IT CARfl FXP - FIRF CHK NO DATE AMOUNT 221745 7/15/08 1,451.98 221746 7/15/08 608.00 221747 7115/08 115.00 221748 7/15/08 398.68 221749 7/15/08 472.16 221750 7/15/08 24.89 221751 7/15/08 753.49 221752 7/15/08 10.85 221753 7/15/08 452.45 221754 7/15/08 1,339.60 221755 7/15/08 255,696.64 221756 7/15/08 176.45 221757 7/15/08 2,988.26 221758 7/15/08 1,231.88 221759 7/15/08 793.75 221760 7/15/08 390.00 221761 7/15/08 225.00 221762 7/15/08 3,388.01 221763 7/15/08 23,156.54 221764 7/15/08 27.00 221765 7/15/08 24.19 221766 7/15/08 24.19 221767 7/15/08 18.37 221768 7/15/08 263.47 221769 7/15/08 200.00 221770 7/15/08 256.45 221771 7/15/08 850.00 221772 7/15/08 35.00 221773 7/15/08 748.81 221774 7/15/08 600.00 221775 7/15/08 1,097.85 221776 7/15/08 23,182.73 221777 7/15/08 185.54 221778 7/15/08 110.00 221779 7/15/08 664.58 221780 7/15/08 200.17 221781 7/15/08 254,622.51 221782 7/15/08 115.00 221783 7/15/08 332.58 221784 7/15/08 259.00 221785 7/15/08 350.00 221786 7/15/08 6,346.05 221787 7/15/08 712.14 221788 7/15/08 760.83 221789 7/15/08 1,262.78 221790 7/15/08 537.78 221791 7/15/08 18.86 221792 7/15/08 10,048.92 221793 7/15/08 489.18 PAYEE UNDERWRITERS LABORATORIES. INC VISTA PAINT WESTFLEX INDUSTRIAL WILLY'S ELECTRONIC SUPPLY 3M LIBRARY SYSTEMS AMAZON COM BAKER & TAYLOR BRODART CITY OF NATIONAL CITY DIEGO & SON PRINTING CO. DUONG LASER SAVER INC LIBROMEX.COM MIDWEST TAPE NATIONAL SCHOOL DISTRICT NOLO PRESS, INC. RECORDED BOOKS, LLC THOMSON GALE XEROX CORPORATION ABBEY AMAZON.COM ARMOUR AT & T MOBILITY BAKER & TAYLOR BELL BORUNDA BRODART CITY OF NATIONAL CITY CORDOVA CORPORATE EXPRESS CUMAGUN DEANDA DUONG EDUCATORS PUBLISHING SVC INC EMPIZO FRIENDS OF THE READ/SAN DIEGO GBC-DIRECT/SVC/INTL GOLDSBOROUGH HANSEN LIBRARY SALES HOLIDAY INN -CAPITOL PLAZA HYNES JEWELL LITERACYWORKS LITERACYWORKS LUSARRETA MADISON-BELL MARSHALL MCCULLOUGH MIDWEST TAPE INC.IORPORE TED WARRANT REGISTER # 3 7/15/2008 DESCRIPTION GROUND LADDER TESTING MOP 68834 PAINT SUPPLIES - BLDG MOP #63850 NOZZLES, GEL MOP 45763 COMP SUPPLIES - MIS CKPT 371035 SECURITY RFID TAGS ADULT NON-FICTION BOOKS REFERENCE BOOKS ADULT & CHILDRENS BOOKS OUT OF STATE SALES TAX NC LIBRARY LETTERHEAD TRAVEL REIMB MOP # 45725 HP - COMPATIBLE SPANISH BOOKS. DVDNIDEOS/PROCESSING SUPPLIES PRINTING FOR READING REFERENCE BOOKS AUDIO BOOKS REFERENCE BOOKS BASE CHGS/OVERAGES TRAVEL (AMERICORPS CNCS, YR5) ADULT NON-FICTION BOOKS TRAVEL (AMERICORPS CNCS/YR5) WINGS CELL PHONE GIVEAWAY BOOKS TRAVEL (LITERACY SRVCS YR5) MATERIALS & SUPPLIES (WOWMOBILE) GIVEAWAY BOOKS OUT OF STATE SALES TAX TRAVEL (AMERICORPS CNCS,YRS) MATERIALS & SUPPLIES TRAVEL (AMERICORPS CNCS,YR5) TRAVEL (AMERICORPS, CNCS,YRS) TRAVEL (AMERICORPS, CNCS/LIT YR5) SPELLING DICTIONARIES TRAVEL (AMERICORPS CNCS,YR5) TRAVEL,TUTOR CONFERENCE LAMINATING FILM TRAVEL (AMERICORPS CNCS, YR5) (42) BOOKS FOR ADULT LITERACY. TRAVEL (AMERICORPS LSTA, CNCS YR5) TRAVEL (AMERICORPS, CNCS,YR5) TRAVEL (AMERICORPS CNCS, YR5) STATE LIBRARY EXPERT SVCS STATE LIBRARY EXPERT SVCS TRAVEL (AMERICORPS CNCS,YR5) TRAVEL (AMERICORPS CNCS, YR5) TRAVEL (AMERICORPS CNCS, YR5) TRAVEL (AMERICORPS CNCS,YRS) DVDNIDEOS/PROCESSING SUPPLIES 2/3 CHK NO DATE AMOUNT 221794 7/15/08 1,888.50 221795 7/15/08 258.87 221796 7/15/08 225.41 221797 7/15/08 87.21 221798 7/15/08 4,192.48 221799 7/15/08 102.58 221800 7/15/08 519.80 221801 7/15/08 11.17 221802 7/15/08 8.98 221803 7/15/08 1,611.68 221804 7/15/08 61.06 221805 7/15/08 86.89 221806 7/15/08 41.74 221807 7/15/08 35.66 221808 7/15/08 364.95 221809 7/15/08 48.54 221810 7/15/08 107.67 221811 7/15/08 523 '- 221812 7/15/08 898. 221813 7/15/08 20.36 221814 7/15/08 166.98 221815 7/15/08 74.74 221816 7/15/08 65.41 221817 7/15/08 237.36 221818 7/15/08 270.94 221819 7/15/08 44.54 221820 7/15/08 762.66 221821 7/15/08 101.44 221822 7/15/08 32.57 221823 7/15/08 1,687.01 221824 7/15/08 172.73 221825 7/15/08 37.85 221826 7/15/08 407.90 221827 7/15/08 451.00 221828 7/15/08 459.14 221829 7/15/08 270.00 221830 7/15/08 139.20 221831 7/15/08 36.33 221832 7/15/08 449.95 221833 7/15/08 18,095.38 221834 7/15/08 148.17 221835 7/15/08 27.94 221836 7/15/08 50,00C 221837 7/15/08 250. 221838 7/15/08 75.13 221839 7/15/08 233.22 221840 7/15/08 141.40 221841 7/15/08 156.55 221842 7/15/08 50.23 3/3 WARRANT REGISTER # 3 7/15/2008 PAYEE DESCRIPTION CHK NO DATE AMOUNT MILLER TRAVEL (AMERICORPS, CNCS,YR5) 221843 7/15/08 69.05 MURAD TRAVEL (AMERICORPS CNCS, YR5) 221844 7/15/08 38.06 NATIONAL PEN SUPPLIES FOR LITERACY/COOK-OFF 221845 7/15/08 236.33 NEW READERS PRESS BOOKS FOR LITERACY DEPARTMENT. 221846 7/15/08 23.98 O'HARA TRAVEUMAT/SUPP (LIT SRVCS,YR5) 221847 7/15/08 45.11 O'NYON TRAVEL (AMERICORPS, CNCS,YRS) 221848 7/15/08 160 30 ORIENTAL TRADING, CO., INC CRAFT ITEMS FOR FAMILIES 221849 7/15/08 815 38 PAULISSEN TRAVEL (AMERICORPS CNCS, YR5) 221850 7/15/08 94.03 PEARSON EDUCATION GIVEAWAY BOOKS 221851 7/15/08 1,660.16 POSITIVE PROMOTIONS PROMOTIONAL ITEMS 221852 7/15/08 306.34 QUINTAL TRAVEL (AMERICORPS CNCS, YR5) 221853 7/15/08 276.25 RATH TRAVEL (AMERICORPS CNCS/YR5) 221854 7/15/08 10.10 SCHMIDT TRAVEL (AMERICORPS CNCS,YR5) 221855 7/15/08 51 47 SHUMATE TRAVEL (AMERICORPS CNCS,YR5) 221856 7/15/08 107.50 SINAVSKY TRAVEL (AMERICORPS CNCS,YR5) 221857 7/15/08 94.07 SOSA TRAVEL (AMERICORPS CNCS,YR5) 221858 7/15/08 22.68 SPRINT VIDEO CONFERENCING 221859 7/15/08 28.29 TRATEGIC RESOURCE COMPANY/ AMERICORPS HEALTHCARE 221860 7/15/08 2,214.00 fWAMLEY TRAVEL (AMERICORPS CNCS.YR5) 221861 7/15/08 24.24 VOGEL TRAVEL (AMERICORPS CNCS, YR5) 221862 7/15/08 133.76 WANG TRAVEL (AMERICORPS CNCS, YR5) 221863 7/15/08 19.19 WASHINGTON LEARNING SYSTEMS LK ENGLISH INSTRUCTIONAL DVD'S 221864 7/15/08 374.00 WASHINGTON TRAVEL (AMERICORPS CNCS,YRS) 221865 7/15/08 419.46 WATSON TRAVEL (AMERICORPS CNCS, YR5) 221866 7/15/08 16 00 WIDMAR TRAVEL (AMERICORPS CNCS,YRS) 221867 7/15/08 227.37 WILDER TRAVEL (AMERICORPS CNCS, YR5) 221868 7/15/08 160.79 WILLIAMS TRAVEL (AMERICORPS CNCS.YR5) 221869 7/15/08 61.14 XEROX CORPORATION BASE CHARGES AND OVERAGES 221870 7/15/08 858.06 YANG TRAVEL (AMERICORPS CNCS,YR5) 221871 7/15/08 162.11 PAYROLL. Pay period Start Date Find Date Check Date 14 6/17/2008 6/30/2008 7/9/2008 692,868.97 1,034,766.31 AIP Total 692,868.97 GRAND TOTAL $ 1,727,635.28 Glit,EQ N1A.:e-�+ INCOR; Warrant Register # 3 7/15/2008 001 GENERAL FUND 983,603.80 104 LIBRARY FUND 33,348.43 105 PARKS MAINTENANCE FUND 23,657.18 108 LIBRARY CAPITAL OUTLAY 4,796.09 109 GAS TAXES FUND 3,534.18 111 P.O.S.T. FUND 1.378.80 125 SEWER SERVICE FUND 19,143.28 154 STATE PUBLIC LIBRARY FUND 1,236.69 158 SWIMMING POOL REVOLVING FUND 2,695.17 166 NUTRITION 257,854.56 171 LIBRARY SCHOOL DISTRICT CNTRCT 381.92 172 TRASH RATE STABILIZATION FUND 1,774.18 173 NATIONAL SCHOOL DIST CONTRACT 1,409.58 174 SWEETWATER SCHOOL DIST CONTRAC 4,560.94 191 STOP PROJECT 2,098.98 198 PROPERTY EVIDENCE SEIZURE 5,835.45 211 SECURITY AND ALARM REGULATION FUND 24.43 212 PERSONNEL COMPENSATION FUND 12,477.55 230 ABANDONED VEHICLE ABATEMENT GRANT 1,546.69 246 WINGS GRANT 55,132.04 254 LEAD -BASED PAINT HAZARD REDUCTION GRANT 1,949.62 282 REIMBURSABLE GRANTS CITYWIDE 161.77 290 POLICE DEPT GRANTS 3,884.08 301 GRANT-C.D.B.G. 4,947.56 302 CDC PAYMENTS 83,004.66 307 PROPOSITION A" FUND 9,983.70 312 STP LOCAL/TRANSNET HIGHWAY 20,500.48 320 LIBRARY GRANTS 88,621.69 360 CAPITAL PROJECT - REDEVELOPMENT FUND 12,084.10 626 FACILITIES MAINT FUND 20,297.75 627 LIABILITY INS. FUND 15,072.94 628 GENERAL SERVICES FUND 8,008.99 629 INFORMATION SYSTEMS MAINTENANC 5,498.56 631 TELECOMMUNICATIONS REVOLVING 2,695.80 632 GENERAL ACCOUNTING SERVICES 15,628.02 643 MOTOR VEHICLE SVC FUND 14,348.14 724 COBRA/RETIREE INSURANCE 16.29 726 ENGINEERING/PUBLIC WORKS T & A DEPOSITS 4,441.19 Total 1.727.635.28 City of National City, California COUNCIL AGENDA STATEMENT FETING DATE August 19, 2008 AGENDA ITEM NO. 10 ITEM TITLE Warrant Register #4 for the period of 07/16/08 through 07/22/08 in the Amount of $1,189,474.47 PREPARED BY D. Gallegos -Finance DEPARTMENT Finance EXT. Jeanette Ladrido EXPLANATION 619-336-4331 Per Government Section Code 37208, attached are the warrants issued for the period of 07/16/08 through 07/22/08. The Finance Department has implemented a policy to provide explanation of all warrants Above $50,000.00 Vendor CSAC Excess Insurance SANDPIPA SANDPIPA SDG&E Tristar Risk Mgmt Check# 221888 221918 221919 221921 221931 Amount Explanation 76,941.00 Workers' Comp. Ins. 724,091.00 Liability Ins Renewal 66,173.00 Property Ins Premium 60,920.33 Utilities 59,694.89 Workers' Comp CEnvironmental Review N/A MIS Approval Financial Statement Not applicable. >STAFF RECOMMENDATION Approved By. Finance Director Account No. Ratification of warrants in the amount of $ 1,189,474.47 if OAR / COMMISSIO COMMEN 1. Warrant Reg#4'' ATTACHMENTS ( Listed Below ) Resolution No. L... A-200 (Rev. 7/03) 1 of 4 Payee 1800-RADIATOR AASHTO PI!BLICATION ADAMSON POLICE PRODUCTS ALCEM FENCE CO.. INC, ALEXANDER'S LEGAL SEMINARS AQCS ENVIRONMENTAL AT&T/MCI AUSTIN DOORS BATTERY SPECIALTIES EST BEST & KRIEGER LIP BEST BEST & KRIEGER LI.P CI IOICEPOINT CINGULAR WIRELESS CITYGATE ASSOCIATES, I,LC CORPORATE EXPRESS COUNTY OF SAN DIEGO CSAC EXCESS INS AUTHORITY CUMMINS CAL PACIFIC, I.LC DEPARTMENT OF TRANSPORTATION DIAZ DION INTERNATIONAL TRUCK INC. DSI. EXTREME FAULKNER G & A AUTO AIR CONDITIONING •EORGE H WATERS NAT'. 14) 7 INC RPORtAT" WARRANT REGISTER 4 4 7/22/2008 Description RADIATOR POLICY ON GEOMETRIC DESIGN 92584/92271/93054 CINTURON CITY-WIDE FENCING REPAIRS SI) CIVIL LITIGATION MANUAL CONSULTING SVCS - DIESEL ENGINE. PHONE XXX-8857 MAY 2008 CITY-WIDE DOOR REPAIRS DRY CELL. BAT"TIRIES LIABILITY CLAIM COSTS SERVICES RENDERED JUNE 2008 AUTO TRACK DATABASE- JUNE 2008 PD WIRELESS 06/06-07/05/08 CONSULTANT FEES FOR FIRE DEPT MOP 45704 OFFICE SUPPLIES - PD BASE FEE, NON -MEDICAL, HAZARDOUS EXCESS WC INSURANCE ONAN ELEMENT -AIR CLEANER HIGHWAY LIGHTING FITNESS -SAFETY SYMPOSIUM - FIRE PUMP # 1824415C93 DSI. INTERNET' LINE FOR REC CNTR BASIC TRAFFIC INVEST COURSE - PD REMAN AJC COMPRESSOR PROMOTIONAL ACTIVITIES chk no chk date Amount 221872 7/22/08 113.10 221873 7/22/08 210.00 221874 7/22/08 4,430.90 221875 7/22/08 920.00 221876 7/22/08 32.06 221877 7/22/08 2,992.50 221878 7/22/08 544.43 221879 7/22/08 539.93 221880 7/22/08 254.60 221881 7/22/08 22,410.62 221882 7/22/08 451.50 221883 7/22/08 200.00 221884 7/22/08 1,923.40 221885 7/22/08 7,990.00 221886 7/22/08 939.95 221887 7/22/08 395.00 221888 7/22/08 76,941.00 221889 7/22/08 565.66 221890 7/22/08 1,766.93 221891 7/22/08 141.00 221892 7/22/08 269.66 221893 7/22/08 54.83 221894 7/22/08 737.97 221895 7/22/08 1,012.77 221896 7/22/08 292.50 1 NAL 4-• GAy44F 0 R,11 A INCORPORATED WARRANT REGISTER # 4 7/22/2008 2 of 4 Payee Description chk no chk date Amount GTC SYSTEMS, INC. PROFESSIONAL NETWORK/SUPPORT 221897 7/22/08 97.50 HARTS AUTO SUPPLY BRAKE PADS 221898 7/22/08 328.00 INFRASTRUCTURE ENGINEERING ENGINEERING PLANNING SVCS 221899 7/22/08 9,372.50 INSTITUTE OF TRANSPORTATION PERMIT PARKING 221900 7/22/08 184.80 JAM SERVICES SOLAR FLASHING BEACON 221901 7/22/08 2,387.06 JEFF KATZ ARCHITECTURE APRIL 2008 SERVICES 221902 7/22/08 12,782.00 LA PRENSA SAN DIEGO LEGAL ADVERTISEMENT - CITY CLERK 221903 7/22/08 174.42 LEXIS-NEXIS ONLINE CHARGES MAY 2008 221904 7/22/08 378.40 LEXIS-NEXIS CA CODES MAY 2008 SUPPLEMET 221905 7/22/08 19.58 I.ORIMAR GROUP, INC. EARPIECE RECEIVE ONLY 221906 7/22/08 238.5( MF.TROCALL PI) PAGERS 221907 7/22/08 92.25 MYERS TIRE SUPPLY PASSENGER HD STRING 221908 7/22/08 56.46 NATIONAL CITY DETAIL. SIIOP MOP 45737 CAR WASI IES - PW 221909 7/22/08 376.00 NATIONAL COMMUNITY RENAISSANCE CLAIM: VISTA DEL SOL 221910 7/22/08 30,681.80 NCFFA SIIIFT CALENDARS REIMB - FIRE 221911 7/22/08 158.00 NEXUS INTEGRATED SOLUTIONS IN HOUSE PHONE MAINTENANCE AND SERVICE 221912 7/22/08 1,044.43 PACIFIC AUTO REPAIR LABOR - REPLACE RADIATOR CAP 221913 7/22/08 533.53 PRUDENTIAL OVERALL SUPPLY MOP 45742 TOWELS - PD 221914 7/22/08 103.44 QUESTYS SOLUTIONS LEGISSTREAM ADD -ON MODULE 221915 7/22/08 12,812.67 SAM'S ALIGNMENT FRONT KYB STRUTS 221916 7/22/08 1,377.38 SAN DIEGO PET & LAB SUPPLY MOP45753 K-9 PET FOOD SUPPLY- PD 221917 7/22/08 147.98 SANDPIPA LIABILITY INS PROGRAM RENEWAL 221918 7/22/08 724,091.00 SANDPIPA PROPERTY INSURANCE PREMIUM 221919 7/22/08 66,173.00 SANDPIPA EXPERT & CONSULTANT SERVICES 221920 7/22/08 23,625.00 SI)G&I: FACILITIES DIVISION 221921 7/22/08 60,920.3: 3 of 4 Payee SMART & FINAL SOLANA CENTER SOUTHWEST SIGNAL SERVICE, INC. STARTECH COMPUTERS SUPERIOR READY MIX CONCRETE SWEETWATER AUTHORITY T.S. INDUSTRIAL SUPPLY TE"I RA l ECI I ISG # 1 TILE FILIP►NO PRESS 2ISTAR RISK MANAGEMENT U S IIEALTHWORKS U-LINE UNDERGROUND SERV ALERT' UNION TRIBUNE PUBLISHING CO UNITED PARCEL SERVICE UNITED STATES TREASURY VERIZON WIRELESS VERIZON WIRELESS WII,LY'S ELECTRONIC SUPPLY WOOD & WOOD WOOD & WOOD WOOD & WOOD ZAPATA INCORPORATED WARRANT REGISTER # 4 7/22/2008 Description MOP 45756 DRINKS RECYCLED PROMOTIONAL ITEMS TRAFFIC SIGNAL./STREET LIGHTING MOP 61744 COMP SUPPLIES - FIRE CONCRETT E STREET DIVISION PRESSURE WASHER SANDBLAST KIT DEPOSIT# 1081 MARINE GATEWAY NOTICE OF ELECTION JUL 2008 WORKER'S COMP REPLENISHMENT MEDICAL, SERVICES LAB SUPPLIES UNDERGROUND SVC ALERT CHGS VARIOUS JOB ANNOUNCEMENTS UPS SHIPMENT 2N1) QTR 2008 CELL. PHONES 05/27-06/26/08 I LEADSETS MOP 45763 COMP SUPPLIES - PI) LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS REIMB FOR MISC EXP chk no chk date Amount 221922 7/22/08 53.83 221923 7/22/08 1,398.83 221924 7/22/08 14,625.68 221925 7/22/08 211.22 221926 7/22/08 1,351.87 221927 7/22/08 4,672.42 221928 7/22/08 394.70 221929 7/22/08 274.78 221930 7/22/08 150.00 221931 7/22/08 59,694.89 221932 7/22/08 1,480.00 221933 7/22/08 3,013.97 221934 7/22/08 174.00 221935 7/22/08 3,250.00 221936 7/22/08 30.56 221937 7/22/08 29.78 221938 7/22/08 681.34 221939 7/22/08 129.24 221940 7/22/08 40.69 221941 7/22/08 11,486.15 221942 7/22/08 10,179.00 221943 7/22/08 1,391.00 221944 7/22/08 474.18 Total $ 1,189,474.47 3 GAk,1F.9RN1A «-c� uUo u INCORPORATED Warrant Register # 4 7/22/2008 001 GENERAL FUND 80,569.29 109 GAS TAXES FUND 2,387.06 111 P.O.S.T. FUND 690.44 125 SEWER SERVICE FUND 9,685.31 166 NUTRITION 1,480.00 172 TRASH RATE STABILIZATION FUND 1,398.83 198 PROPERTY EVIDENCE SEIZURE 2,771.46 282 REIMBURSABLE GRANTS CITYWIDE 3,704.91 302 CDC PAYMENTS 2,105.13 626 FACILITIES MAINT FUND 32,055.18 627 LIABILITY INS. FUND 1,026,673.46 628 GENERAL SERVICES FUND 582.60 629 INFORMATION SYSTEMS MAINTENANC 97.50 630 OFFICE EQUIPMENT DEPRECIATION 12,812.67 631 TELECOMMUNICATIONS REVOLVING 4,340.68 632 GENERAL ACCOUNTING SERVICES 153.11 643 MOTOR VEHICLE SVC FUND 4,699.56 644 EQUIPMENT REPLACEMENT RESERVE 2,992.50 726 ENGINEERING/PUBLIC WORKS T & A DEPOSITS 274.78 Total 1.189.474.47 City of National City, California CITY COUNCIL AGENDA STATEMENT MEETING DATE August 19, 2008 AGENDA ITEM NO. 11 ITEM TITLE A resolution accepting the termination of the Lease with the National City Historical Society for the land (1615 East 4th St) on which Granger Hall is located, accepting a quitclaim deed from the Historical Society for said land, and directing the recordation of said quitclaim deed. PREPARED BY Patricia Beard (ext 4255) Redevelopment Manager DEPARTMENT Redevelopment Division EXPLANATION: On this evening's CDC agenda, the Board will consider approving a lease with the National City Historical Society ("Society") related to the Kimball House and, in consideration, transferring ownership in the Granger Hall from the Society to the CDC. This resolution is a companion to the proposed CDC lease and acquisition. It terminates said Granger Hall Lease should the CDC item be approved. Please see the companion CDC agenda statement for full information. } Environmental Review Not applicable. Financial Statement None. Account No STAFF RECOMMENDATION Adopt the resolution. BOARD / COMMISSION RECOMMENDATION Not applicable. STRATEGIC GOAL 1 e) Partner with community groups; 7b) invest in aging public facilities; 8a) cultivate a plan for City -owned historic and cultural properties. `\ ATTACHMENTS Resolution No. RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE TERMINATION OF THE LEASE WITH THE CITY OF NATIONAL CITY AND THE NATIONAL CITY HISTORICAL SOCIETY FOR THE LAND ON WHICH THE GRANGER HALL IS LOCATED, ACCEPTING A QUITCLAIM DEED FROM THE HISTORICAL SOCIETY FOR SAID LAND, AND DIRECTING THE RECORDATION OF SAID QUITCLAIM DEED WHEREAS, the National City Historical Society ("Historical Society") is desirous of leasing from the Community Development Commission ("CDC"), and the CDC is desirous of leasing to the Historical Society, the first floor of the historical residential structure located at 923 "A" Avenue, National City, commonly known as the Frank Kimball House ("Kimball House"); and WHEREAS, the Historical Society is desirous of transferring all of its right, title, and interest in the Granger Hall to the CDC; and WHEREAS, the City of National City ("City") is the owner of the real property located at 1615 East Fourth Street, National City on which the Granger Hall is located; and WHEREAS, the Historical Society leases said real property from the City, which lease ("Granger Hall Lease") will no longer be necessary once the Historical Society no longer owns the Granger Hall; and WHEREAS, the Historical Society is willing to terminate the Granger Hall Lease concurrently with the execution of the Kimball House Lease and the transfer to the CDC of all of its right, title, and interest in the Granger Hall; and WHEREAS, the City is willing to terminate the Granger Hall Lease concurrently with the execution of the Kimball House Lease and the transfer to the CDC of the Granger Hall;, and is further willing to accept a quitclaim deed from the Historical Society for the land on which the Granger Hall is located. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby accepts the termination of the Granger Hall Lease by and between the City of National City and the National City Historical Society for the land on which the Granger Hall is located (1615 East Fourth Street), accepts a quitclaim deed from the Historical Society for said land, directs that a certificate of acceptance be executed, and that said quitclaim deed and certificate of acceptance be recorded in the Office of the San Diego County Recorder. PASSED and ADOPTED this 191h day of August, 2008. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT .MEETING DATE August 19, 2008 AGENDA ITEM NO. 12 ITEM TITLE Public Hearing — An Amendment to Section XII of the Local Coastal Program Implementation Document Pertaining to Signs and Outdoor Advertising in the Coastal Zone (Applicant: City Initiated) (Case File No. 2007-41 LCP) PREPARED BY Marti/Win Reeder. 336-4310 DEPARTMENT Planning EXPLANATION An amendment to Chapter 18.62 of the Land Use Code, pertaining to Signs and Outdoor Advertising, was initiated by City Council on December 18, 2007. The purpose of the amendment was to address constitutional issues related to sign content. Planning Commission held a hearing on the proposed amendment on May 19, 2008 and recommended approval to the City Council. At the June 3, 2008 meeting Council approved the amendment and introduced the Ordinance. The amendment is currently pending its second reading. A copy of the draft Code Amendment is attached for your review. Additional staff review has determined that, since Chapter 18.62 is specifically referenced to in Section XII of the adopted Local Coastal Program (LCP) Implementation document, an amendment to the LCP would be necessary so that the Code changes will be effective in the Coastal Zone, and thus the entire City. The Planning Commission held a public hearing on the LCP Amendment at their July 21. 2008 meeting and recommended approval. The background report describes the proposal in more detail. Environmental Review Exempt Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION �C�J Staff concurs with the Planning Commission's recommendation that the Local Coastal Program Amendment be approved. BOARD I COMMISSION RECOMMENDATION The Planning Commission recommends approval of the Local Coastal Program Amendment. Vote: Ayes: Alvarado, DeLaPaz, Pruitt, Reynolds, Flores Absent: Baca, Farias ATTACHMENTS ( Listed Below) Resolution No. 1. Background Report 2. Planning Commission Resolution No. 22-2008 Including Findings for Approval 3. Draft Code Amendment 4. Draft Changes to Local Coastal Program Implementation document 5. Notice of Exemption 6. Public Hearing Notice (published in newspaper only, not mailed) A-200 (9/99) BACKGROUND REPORT Code Amendment The City's sign ordinance provisions in question are codified in two pertinent sections, Section 18.62.090.E.4 and 18.62.210.11. Section 18.62.090.E.4 states that no political sign shall exceed thirty-two square feet in size. Section 18.62.210 states that prohibited signs include off -site signs, such as billboards, except as permitted by Section 18.62.090. This exception for off -site signage contained in Section 18.62.090 permits off -site signage of one hundred square feet if the sign pertains to business, leasing, and industrial messages. Accordingly, while off -site signage containing business, leasing, or industrial messages (essentially commercial messages) may be as large as one hundred square feet, political messages, considered non-commercial speech, can only be as large as thirty-two square feet. Therefore, commercial, off -site signage is favored in that it is allowed to be three times larger than political, non-commercial off -site signage. The changes are intended to make the chapter content -neutral and to not favor commercial over non-commercial speech. In addition to the changes to sections 18.62.090.E.4 and 18.62.210.H, a new section has been added (18.62.240) that states: "Anywhere that commercial signage is permitted, non-commercial signage is permitted within such restrictions as listed for the commercial signage, but not in addition to such allowance." Local Coastal Program Amendment The purpose of this Local Coastal Program (LCP) Amendment is to add language as included in the Land Use Code Amendment as part of the Local Coastal Program. State guidelines require consistency between adopted land use plans, including General Plans, Specific Plans and Local Coastal Plans. This amendment will provide this consistency. Without the LCP Amendment, the pending Code Amendment will not he effective in the Coastal Zone (west of Interstate 5 and south of 33'a Street west of National City Blvd.). The Sign Ordinance changes are described below. Section XII of the LCP Implementation document references specific sections of the Land Use Code. in order to provide consistency between the approved changes to the Land Use Code and the Local Coastal Program Implementation document, the referenced Code section numbers and/or titles should also be changed. It is important to note that no specific sign regulations are called out in the document; they merely reference the Land Use Code section number and title. There is no possibility that the proposal will have a significant environmental effect, since the amendment is limited to changes in sign requirements and allowances, and would not have a direct affect on any specific property. Any future individual project would he reviewed in accordance with CEQA. 1 RESOLUTION NO. 22-2008 A RESOLUTION OF TI IE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO SECTION XII OF THE LOCAL COASTAL PROGRAM IMPLEMENTATION DOCUMENT PERTAINING "TO SIGNS AND OUTDOOR ADVERTISING IN THE COASTAL ZONE. APPLICANT: CITY OF NATIONAL CITY. CASE FILE NO. 2007-41 LCP WHEREAS, pursuant to the terms and provisions of the Government Code of the State of California, proceedings were duly initiated for the amendment of the National City Local Coastal Program Implementation Document, Section XIi; and, WHEREAS, the Planning Commission of the City of National City, California, considered said proposed amendment at a duly advertised public hearing held on July 21, 2008, at which time the Planning Commission considered evidence; and, WHEREAS, at said public hearing the Planning Commission considered the staff report provided for Case File No. 2007-41 LCP, which is maintained by the City and incorporated herein by reference; along with any other evidence presented at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS this local coastal program amendment has been prepared pursuant to the regulations of Section XIV (Amendments) of the National City Local Coastal Program implementation document, as well as Chapter 18.112 (Amendments) of the City's Land Use Code; and, WHEREAS, the City intends to carry out the Local Coastal Program in a manner fully consistent with the California Coastal Act; and, WHEREAS, this action is taken in an effort to be compliant with applicable State and Federal law; and, WHEREAS, the action hereby taken is found to be essential for the preservation of the public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Planning Commission of the City of National City, California, that the evidence presented to the Planning Commission at the public hearing held on July 21, 2008, support the fallowing findings: RECOMMENDED FINDINGS FOR APPROVAL OF AN AMENDMENT TO THE NATIONAL CITY LOCAL COASTAL PROGRAM IMPLEMENTATION DOCUMENT 1 That the City's sign ordinance is being amended to comply with past and recent state and federal case law and that State guidelines require consistency between adopted land use 2 plans, including General Plans, Specific Plans and Local Coastal Plans. 2. That the amendment to City's Local Coastal Program (LCP) Implementation document is necessary to ensure consistency between the City's Land Use Code and the Local Coastal Plan. 3. That the amendment to the City's Sign Ordinance and Local Coastal Program will not result in significant adverse cumulative impacts on coastal resources and/or access, and would not change the kind, location or density of allowable uses in the Coastal Zone. BE IT FURTHER RESOLVED that based on the findings herein before stated, the Planning Commission hereby recommends approval of said proposed amendment for Council consideration and approval thereafter. I3E IT FURTIIER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. CERTiFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of July 21, 2008, by the tbllowing vote: AYES: Alvarado, DeLaPaz, Pruitt, Reynolds, Flores NAYS: ABSENT: Baca, Farias ABSTAIN: CIIAIRPFRSON 3 ORDINANCE NO. 2008 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 18 OF THE NATIONAL CITY MUNICIPAL CODE BY AMENDING CHAPTER 18.62 PERTAINING TO SIGNS AND OUTDOOR ADVERTISING DISPLAYS (CASE FILE NO. 2007-71 A) BE IT ORDAINED by the City Council of the City of National City that Title 18 of the National City Municipal Code is amended as follows: Section 1. Chapter 18.62 of the National City Municipal Code is hereby amended by amending the Table of Contents to read as follows: Chapter 18.62 SIGNS AND OUTDOOR ADVERTISING DISPLAYS Sections: 18.62.010 Purpose and intent. 18.62.020 Unlawful display of signs or banners — Prohibited. 18.62.030 Definitions 18.62.040 Site plan review required. 18.62.050 Design. 18.62.060 Uniform Building, Electrical, and Mechanical Code compliance required. 18.62.070 Maintenance. 18.62.080 Removal from abandoned site or building. 18.62.090 Signs permitted in all zones. 18.62.100 Flags and banners — Regulated. 18.62.110 Large permanent signs in commercial, manufacturing, and institutional zones. 18.62.120 Large permanent signs in shopping centers. 18.62.130 Small permanent signs in commercial, manufacturing, institutional, and multi -family zones. 18.62.140 Pole -mounted or freestanding signs in commercial and manufacturing zones. 18.62.150 Roof -mounted signs. 18.62.160 Revolving signs in commercial and manufacturing zones. 18.62.170 Temporary signs in all zones. 4 18.62.180 Projecting signs in commercial, manufacturing, and institutional zones. 18.62.190 Signs for churches. 18.62.200 Mural -type signs in commercial zones. 18.62.210 Signs prohibited in all zones. 18.62.220 Nonconforming signs. 18.62.230 Constitutional severability. 18.62.240 Non-commercial speech. Section 2. That Title 18, Chapter 18.62, is amended by amending Sections 18.62.090, 18.62.170, and 18.62.210 to read as follows. 18.62.090 Signs permitted in all zones. The following signs shall be permitted in all zones. Site plan review pursuant to Section 18.62.040 shall not be required. A. Permanent Signs. 1. Size. The display on any parcel of any single sign, flag, or banner that is less than six square feet in area is permitted, except when a home occupation permit has been issued for a residential parcel, this exemption shall not apply, and that property shall be subject to all the requirements of this Chapter. 2. Restrictions. No signs shall be placed in the public right-of-way nor shall they obstruct the free flow of traffic. B. Directional Signs. Directional signs which do not exceed a total of three square feet in size per sign and total area combined does not exceed nine square feet. C. A maximum of two freestanding or monument signs not to exceed a total of 100 square feet are permitted for single-family subdivisions, multi -family developments, or mobile home parks. 18.62.170 Temporary signs in all zones. A. Temporary signs on construction sites, having the following specifications, are permitted in all zones: 1. The maximum total area , for signs at residential construction projects shall be 20 square feet. 2. The maximum area of signage at other construction projects shall be 50 square feet. 3. All signs must be removed prior to and as a condition of the final inspection and approval of the project. B. A maximum of two temporary signs on currently for sale or for lease property are permitted on developed or undeveloped property in all zones, with the following requirements and specifications for the signs: 1. The maximum area of signage allowed in this provision per parcel per street frontage in commercial, manufacturing, multi -family, or institutional zones shall be 50 square feet. 2. The maximum area of signage allowed in this provision per parcel per frontage in single-family residential zones is six square feet. 2008 Ordinance 2 Signs and Outdoor Advertising Displays 5 3. These signs shall not be lighted. 4. Signs shall be removed within ten days following the lease or sale of the premises on which the sign is displayed. C. Temporary off -site signs are prohibited in all zones, unless otherwise provided herein and by State law. D. Additional temporary signs erected due to an event are permitted as follows. However, such signage shall be removed within 15 days after the event. 1. Commercial/Manufacturing/Multi-Family/Institutional Zones. a. One or more temporary signs, each of which is less than 25 square feet in area, shall also be permitted per parcel in commercial, manufacturing, multi -family, and institutional zones. b. Temporary signs, except flags and banners, shall not be fastened directly to the exterior wall or face of any building. Such signs may be displayed in windows or on display boards, provided the combined total area of all signs does not exceed ten percent of the area of the building face upon which the signs are mounted. (See Section 18.62.100 for restrictions on flags and banners.) c. This section shall not apply to existing billboards. d. Such signage is permitted on a temporary basis as defined hereinafter, in addition to other sign allotment per site. 2. Single-family Residential Zones. a. A maximum of six square feet of such total temporary signage is permitted per parcel. b. Permission of the property owner or occupant where the sign is placed shall be required. c. No temporary signs are permitted in the public right of way. E. Removal. If the signage was erected for an event, such signage shall be removed within ten days after the event. 18.62.210 Signs prohibited in all zones. Notwithstanding Section 18.62.020(A), the following signs are strictly prohibited in all zones: A. Signs that obstruct any window, door, or opening used or required as a means of regular ingress and egress, legal light and ventilation, as a fire escape or other emergency access or escape. B. Signs placed on public property or within the public street right-of-way. C. Signs placed on property without permission of the property owner or occupant. D. Signs on fences. E. Except as provided in Section 18.62.090(B) and 18.62.170(B), signs on vacant or unimproved land. F. Any sign whose intensity of illumination, or size, shape, or location interferes with the safe operation of a vehicle or creates distraction to the operator of a motor vehicle on adjoining public streets. G. Animated and flashing signs exceeding the following limits or restrictions: 1. Flashing signs are limited to a maximum illumination equivalent to incandescent bulbs of 60 watts per bulb maximum, and shall not flash more than sixty times per minute. "Chasers" are prohibited. 2008 Ordinance 3 Signs and Outdoor Advertising Displays 6 2. High intensity neon lights, tubes, or "flashing" lights exceeding 60 watts are prohibited on animated or flashing signs. 3. Rotating beacon -type lighting elements on signs are prohibited. H. Temporary or permanent off -site signs, including billboards, are prohibited except where otherwise provided by State law or herein. 1. Inflatable signs and displays, unless authorized pursuant to a temporary use permit issued under Chapter 15.60. J. Signs mounted on motor vehicles that are in violation of Section 7.20.150, or signs exceeding 25 square feet mounted on motor vehicles parked for more than eight hours in any 24 hour period on private property. Section 3. That Title 18, Chapter 18.62, is amended by adding Section 18.62.240 to read as follows. 18.62.240 Non-commercial speech. Anywhere that commercial signage is permitted, non-commercial signage is permitted within such restrictions as listed for the commercial signage, but not in addition to such allowance. 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 2008 Ordinance 4 Signs and Outdoor Advertising Displays 7 DRAFT AMENDMENTS TO LOCAL COASTAL PROGRAM (IMPLEMENTATION) Amend Section XII - Signs and Outdoor Advertising, to read as follows: (Red, Underlined Text is an addition. Strike -through is for deletions.) A. Purpose Section 18.62.010 of the Land Use Code states that the purpose and intent of signs and outdoor advertising regulations are to: a. Aid in the identification of properties, land uses, and enterprises; b. Improved traffic safety by reducing sign -advertising visual distractions; and physical obstructions; and hazards; c. Enhance the general appearance and aesthetics of the urban environment; and d. Protect the natural beauty of the City's open space. City standards for signing are referenced by visual resources policy 5 of the Land Use Plan. Godeamendments adopted-sir{se e-Cityls-adoption-cif the-LCP L-�. de-Plan affect -the following -sections of -the 4 .62 O70-G-regarding.polftical signs -arid 48:62.190 and-4-8,62185 regarding -mural -type prat -type Sign -Sr The —changes —regarding— political-signs-preyWe-increased-authority 4o--the-0irecteoflis political•-signsirr-the public -right of way---The-changes-fegarding-rnural- type signs- involve -the s- pF type--signs-and-the added -prevision -for 0-sg more ° sign -area -to be 4sed-for-copy -area ( ural-or -name-identification ). The -changes -are consistent -with -visual --resources poIicy-RO-5-which-requires-that-projects-be-reviewed--for conformance -to -City -standards in order to -ensure -that -is-visually appropriate, B. Regulations No additional changes are proposed anticipated to National City's ordinances for signs and outdoor advertising. For complete requirements related to signing, refer to Chapter 18.62 of National City's Land Use Code. The sections of the Land Use Code which are listed below implement the Land Use Plan. Reference to Section X of the LCP Implementation document is also required. Visual resources policies 2 & 4 of the Land Use Plan provide that appropriate signing for development in the area of Paradise Marsh and adjacent recreational and tourist commercial uses be determined by a specific plan. Implementing Land Use Code sections: 4-8.62.070 --(Signs-permitted-in ail -zones) 4-8-62-080- --(Advertising-flags; banners; and -bunting-) 4&6 -. 00 ---(-Permanent- on -site- advertising -signs commercial -and -manufacturing zones) 8-62- 40----(9nsite- pole -mounted or--freestanding--signs--in—commercial--and manufacturing -zones) 8 48:62 420--(Onsite roof -mounted signs-serwmersial-arid-rnanufastering zones) 48.62.1130---- (Small -perrnanent-sign in-Eorr#rrreroial-and manufacturing -zones) 18.62.140 -( evolu rzranufasturing-zones) 4-:62150 mall-temporary-wir►dowoigns-in-scar}rnercial-and ufacturirrg-a<3nes) --(-Projeoting-er-riouble-faee-signsin-cororraefGial-and rnanufaotor-iag-zones) 48.62.a 71}-- (Signsfor hurones) 4-8-62480---(Shangeab4e-copy-ems) 1.8-:62 486- (Mural -type signs n 48:62 190 - - - -(Signs prohibited- 4n-all-zones 18.62.090 (Signs permitted in all zones) 18.62.100 (Flags and banners —Regulated) 18.62.110 (Large permanent signs in commercial, manufacturing and institutional zones) 18.62.120 (Large permanent signs in shopping centers) 18.62.130 (Small permanent signs in commercial, manufacturing, institutional and multi -family zones) 18.62.140 (Pole -mounted or freestanding signs in commercial and manufacturing zones) 18.62.150 (Roof -mounted sign.) 18.62.160 . (Revolving signs in commercial and manufacturing zones) 18.62.170 (Temporary signs in all zones) 18.62.180 (Projecting signs in commercial, manufacturing and institutional zones) 18.62.190 (Signs for churches) 18.62.200 (Mural -type signs in commercial zones) 18.62.210 (Signs prohibited in all zones). 18.62.240 (Non-commercial speech) 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 Project Title: Project Location: Contact Person: 2007-41 I,CP Coastal Zone Martin Reeder Telephone Number: (619) 336-4310 Description of Nature, Purpose and Beneficiaries of Project: The City of National City is amending its Land Use Code, specifically section 18.62 — Signs and Outdoor Advertising. In order to be consistent with the pending Land Use Code changes, the City's Local Coastal Program Implementation document also needs to be amended. Applicant Name and Address: City Of National City 1243 National City Blvd. National City, CA 91950 Exempt Status: Telephone Number: 619-336-4310 Statutory Exemption. (State type and Section No., if applicable) Categorical Exemption. (State type and Section No., if applicable) Not a project as defined in Section 15378 of CEQA Not subject to CEQA (Sec. 15061b3) Reasons why project is exempt: There is no possibility that the proposal will have a significant environmental effect, since the amendment is limited to changes in sign requirements and allowances, and would not have a direct affect on any specific property. Any future individual project would be reviewed in accordance with CEQA. Date: MARTIN REEDER, Assistant Planner GI Recycled Paper 10 City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR NOTICE OF PUBLIC HEARING AN AMENDMENT TO THE NATIONAL CITY LOCAL COASTAL PROGRAM IMPLEMENTATION DOCUMENT SECTION XII PERTAINING TO SIGNS AND OUTDOOR ADVERTISING CASE FILE NO: 2007-41 LCP The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, July 21, 2008, in the City Council Chambers, 1243 National City Boulevard, National City, California, on the proposed Amendment to the National City Local Coastal Program Implementation document Section XII pertaining to Signs and Outdoor Advertising. The amendment is needed to make the Local Coastal Program Implementation document consistent with pending changes to the National City Municipal Code Section 18.62.090, Signs permitted in all zones, Section 18.62.170, Temporary signs permitted in all zones, 18.62.210, Signs prohibited in all zones, including the addition of Section 18.62.240, Non-commercial speech. Any person interested in this matter may appear at the above time and place and be heard. Written comments from the public are encouraged and should be received by the Planning Department on or before 5:30 pm, July 21, 2008. If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the public hearing entity conducting the hearing at, or prior to, the public hearing. NATIONAL CITY PLANNING DEPARTMENT ROGER G. POST Director of Planning & Building 11 ® Recycled Paper City of National City, California COUNCIL AGENDA STATEMENT AEETING DATE August 19, 2008 AGENDA ITEM NO. 13 ITEM TITLE PUBLIC HEARING TO CONSIDER, AND DECLARING THE CITY COUNCIL'S INTENTION TO GRANT, A NON- EXCLUSIVE FRANCHISE TO NEXHORIZON BROADBAND OF SOUTHERN CALIFORNIA, INC., TO CONSTRUCT, MAINTAIN, AND OPERATE A CABLE TELEVISION SYSTEM WITHIN THE CITY, PURSUANT TO CHAPTER 6.10 OF THE NATIONAL CITY MUNICIPAL CODE ll/ PREPARED BY George H. Eiser, III / DEPARTMENT City Attorney (Ext 4221) EXPLANATION At the staffs recommendation, the City Council adopted a resolution at the August 5, 2008 meeting scheduling a public hearing for August 19, to consider granting a non-exclusive cable television system franchise to NexHorizon Broadband of Southern California, Inc. Since the scheduling of the hearing, new facts have come to the staffs attention. As a result, it is recommended that the hearing not be held at the present time, and that this item be filed. Environmental Review X N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Accept and file. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. N/A A-200 (9/99) City of National City, California COUNCIL AGENDA STATEMENT SECOND READING MEETING DATE August 19, 2008 AGENDA ITEM NO. 14 ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 18 OF THE NATIONAL CITY MUNICIPAL CODE BY AMENDING CHAPTER 18.62 PERTAINING TO SIGNS AND OUTDOOR ADVERTISING DISPLAYS PREPARED BY Roger Post We (ext. 4316) Jodi L. Doucette, Esq. (ext. 4412) EXPLANATION DEPARTMENT Planning City Attorney Please see attached memorandum. Environmental Review ,/ N/A Financial Statement Approved By: Finance Director N/A Account No. STAFF RECOMMENDATION Adopt proposed ordinance. BOARD / COMMISSION RECOMMENDATION The Planning Commission held a public hearing on July 21, 2008, and adopted a resolution recommending the amendment of the Municipal Code regarding Signs and Outdoor Advertising Displays. ATTACHMENTS ( Listed Below ) Staff Report Proposed ordinance Resolution No. A-200 (9/99) TO: City of National City Office of the City Attorney 1243 National City Boulevard, National City, CA 91950-4301 George H. Eiser, III • City Attorney (619) 336-4220 Fax (619) 336-4327 TDD (619) 336-1615 Honorable Mayor and Councilmembers DATE: May 20, 2008 FROM: Jodi L. Doucette, Sr. Assistant City Attorney SUBJECT: Sign Ordinance Amendment Recommendation INTRODUCTION The City's current sign ordinance, in relation to the political sign provisions in Section 18 of the National City Municipal Code, requires amendment to meet current constitutional muster. DISCUSSION The City's sign ordinance provisions in question are codified in two pertinent sections, Section 18.62.090.E.4 and 18.62.210.H. Section 18.62.090.E.4 states that no political sign shall exceed thirty-two square feet in size. Section 18.62.210 states that prohibited signs include off - site signs, such as billboards, except as permitted by Section 18.62.090. This exception for off - site signage contained in Section 18.62.090 permits off -site signage of one hundred square feet if the sign pertains to business, leasing, and industrial messages. Accordingly, while off -site signage containing business, leasing, or industrial messages (essentially commercial messages) may be as large as one hundred square feet, political messages, considered non-commercial speech, can only be as large as thirty-two square feet. Therefore, commercial, off -site signage is favored in that it is allowed to be three times larger than political, non-commercial off -site signage. Various cases address political, non-commercial sign ordinance challenges. The paramount U.S. Supreme Court case is Metromedia v. San Diego (1982) 453 U.S. 490, which held that commercial speech can not be favored over non-commercial speech. Numerous cases after Metromedia have upheld this concept. (See, for example, City of Antioch v. Candidates Outdoor Graphic Service (1982) 557 F.Supp. 52, specifically holding that temporary political signage can not be less favored than temporary commercial speech.) The City of El Cajon had a challenge to their local ordinance based on a similar point, and a portion of their ordinance was stricken as unconstitutional. Based upon Metromedia and other cases thereafter, the City of National City's sign ordinance provisions cited above should thereby be amended so as not to be deemed unconstitutional and potentially found favoring commercial speech in their dimensions over non- commercial speech, including political speech. ® Recycled Paper Other concerns about the validity of a sign ordinance would include when an ordinance requires a reader to determine its viability based upon the content of the speech (other than the non-commercial and commercial distinctions), such as when the regulation refers to allowance of a sign in a particular location if it is for a special event, real estate sales, political advertisement or leasing of homes. This has been deemed unconstitutional as well. Municipalities are only allowed to regulate time, place and manner of speech/signage, and it can not be regulated by what the speech says. (Cornelius v. NAACP (1985) 473 U.S. 788.) Various provisions in the current National City sign ordinance related to temporary signage in Section 18.62 require the reader to determine the viability of a sign based upon the content of the temporary sign. It references temporary signage such as real estate signs, residential construction, leasing, etc. and provides different regulations of size, height, or number for each type. Since the regulations require the content to be scrutinized before the dimensions are determined, this could be deemed content -based discrimination, prohibited under the First Amendment. Accordingly, it is recommended that the current sign ordinance be amended to comply with past and recent state and federal law. The proposed amendment is attached. CONCLUSION The City's sign ordinance as currently written should be amended, particularly related to temporary and political signage, as the provisions could be deemed to violate the First Amendment. We request that you approve the proposed amendments to these provisions. JODI L. DOUCETTE Senior Assistant City Attorney • Page 2 ORDINANCE NO. 2008 — 2311 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 18 OF THE NATIONAL CITY MUNICIPAL CODE BY AMENDING CHAPTER 18.62 PERTAINING TO SIGNS AND OUTDOOR ADVERTISING DISPLAYS BE IT ORDAINED by the City Council of the City of National City that Title 18 of the National City Municipal Code is amended as follows: Section 1. Chapter 18.62 of the National City Municipal Code is hereby amended by amending the Table of Contents to read as follows: Chapter 18.62 SIGNS AND OUTDOOR ADVERTISING DISPLAYS Sections: 18.62.010 Purpose and intent. 18.62.020 Unlawful display of signs or banners — Prohibited. 18.62.030 Definitions 18.62.040 Site plan review required. 18.62.050 Design. 18.62.060 Uniform Building, Electrical, and Mechanical Code compliance required. 18.62.070 Maintenance. 18.62.080 Removal from abandoned site or building. 18.62.090 Signs permitted in all zones. 18.62.100 Flags and banners — Regulated. 18.62.110 Large permanent signs in commercial, manufacturing, and institutional zones. 18.62.120 Large permanent signs in shopping centers. 18.62.130 Small permanent signs in commercial, manufacturing, institutional, and multi -family zones. 18.62.140 Pole -mounted or freestanding signs in commercial and manufacturing zones. 18.62.150 Roof -mounted signs. 18.62.160 Revolving signs in commercial and manufacturing zones. 18.62.170 Temporary signs in all zones. 18.62.180 Projecting signs in commercial, manufacturing, and institutional zones. 18.62.190 18.62.200 18.62.210 18.62.220 18.62.230 18.62.240 Signs for churches. Mural -type signs in commercial zones. Signs prohibited in all zones. Nonconforming signs. Constitutional severability. Non-commercial speech. Section 2. That Title 18, Chapter 18.62, is amended by amending Sections 18.62.090, 18.62.170, and 18.62.210 to read as follows. 18.62.090 Signs permitted in all zones. The following signs shall be permitted in all zones. Site plan review pursuant to Section 18.62.040 shall not be required. A. Permanent Signs. 1. Size. The display on any parcel of any single sign, flag, or banner that is Tess than six square feet in area is permitted, except when a home occupation permit has been issued for a residential parcel, this exemption shall not apply, and that property shall be subject to all the requirements of this Chapter. 2. Restrictions. No signs shall be placed in the public right-of-way nor shall they obstruct the free flow of traffic. B. Directional Signs. Directional signs which do not exceed a total of three square feet in size per sign and total area combined does not exceed nine square feet. C. A maximum of two freestanding or monument signs not to exceed a total of 100 square feet are permitted for single-family subdivisions, multi -family developments, or mobile home parks. 18.62.170 Temporary signs in all zones. A. Temporary signs on construction sites, having the following specifications, are permitted in all zones: 1. The maximum total area for signs at residential construction projects shall be 20 square feet. 2. The maximum area of signage at other construction projects shall be 50 square feet. 3. All signs must be removed prior to and as a condition of the final inspection and approval of the project. B. A maximum of two temporary signs on currently for sale or for lease property are permitted on developed or undeveloped property in all zones, with the following requirements and specifications for the signs: 1. The maximum area of signage allowed in this provision per parcel per street frontage in commercial, manufacturing, multi -family, or institutional zones shall be 50 square feet. 2. The maximum area of signage allowed in this provision per parcel per frontage in single-family residential zones is six square feet. 3. These signs shall not be lighted. Ordinance 2008-2311 2 Signs and Outdoor Advertising Displays 4. Signs shall be removed within ten days following the lease or sale of the premises on which the sign is displayed. C. Temporary off -site signs are prohibited in all zones, unless otherwise provided herein and by State taw. D. Additional temporary signs erected due to an event are permitted as follows. However, such signage shall be removed within 15 days after the event. 1. Commercial/Manufacturing/Multi-Family/Institutional Zones. a. One or more temporary signs, each of which is less than 25 square feet in area, shall also be permitted per parcel in commercial, manufacturing, multi -family, and institutional zones. b. Temporary signs, except flags and banners, shall not be fastened directly to the exterior wall or face of any building. Such signs may be displayed in windows or on display boards, provided the combined total area of all signs does not exceed ten percent of the area of the building face upon which the signs are mounted. (See Section 18.62.100 for restrictions on flags and banners.) c. This section shall not apply to existing billboards. d.. Such signage is permitted on a temporary basis as defined hereinafter, in addition to other sign allotment per site. 2. Single-family Residential Zones. a. A maximum of six square feet of such total temporary signage is permitted per parcel. b. Permission of the property owner or occupant where the sign is placed shall be required. c. No temporary signs are permitted in the public right of way. E. Removal. If the signage was erected for an event, such signage shall be removed within ten days after the event. 18.62.210 Signs prohibited in all zones. Notwithstanding Section 18.62.020(A), the following signs are strictly prohibited in all zones: A. Signs that obstruct any window, door, or opening used or required as a means of regular ingress and egress, legal light and ventilation, as a fire escape or other emergency access or escape. B. Signs placed on public property or within the public street right-of-way. C. Signs placed on property without permission of the property owner or occupant. D. Signs on fences. E. Except as provided in Section 18.62.090(B) and 18.62.170(B), signs on vacant or unimproved land. F. Any sign whose intensity of illumination, or size, shape, or location interferes with the safe operation of a vehicle or creates distraction to the operator of a motor vehicle on adjoining public streets. G. Animated and flashing signs exceeding the following limits or restrictions: 1. Flashing signs are limited to a maximum illumination equivalent to incandescent bulbs of 60 watts per bulb maximum, and shall not flash more than sixty times per minute. "Chasers" are prohibited. Ordinance 2008-2311 3 Signs and Outdoor Advertising Displays 2. High intensity neon lights, tubes, or "flashing" lights exceeding 60 watts are prohibited on animated or flashing signs. 3. Rotating beacon -type lighting elements on signs are prohibited. H. Temporary or permanent off -site signs, including billboards, are prohibited except where otherwise provided by State law or herein. I. Inflatable signs and displays, unless authorized pursuant to a temporary use permit issued under Chapter 15.60. J. Signs mounted on motor vehicles that are in violation of Section 7.20.150, or signs exceeding 25 square feet mounted on motor vehicles parked for more than eight hours in any 24 hour period on private property. Section 3. That Title 18, Chapter 18.62, is amended by adding Section 18.62.240 to read as follows. 18.62.240 Non-commercial speech. Anywhere that commercial signage is permitted, non-commercial signage is permitted within such restrictions as listed for the commercial signage, but not in addition to such allowance. PASSED and ADOPTED this 19th day of August, 2008. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Ordinance 2008-2311 4 Signs and Outdoor Advertising Displays City of National City, California COUNCIL AGENDA STATEMENT ..IEETING DATE August 19, 2008 AGENDA ITEM NO. 15 iTEM TITLE Notice of Decision — Planning Commission Approval for a Conditional Use Permit for a Car Stereo Sales and Installation Shop in an Existing Shopping Center at 1050 Highland Avenue, Suite D (Applicant: David Galante) (Case File 2008-22 CUP) // 7. PREPARED BY Michael Fellows,/336-4310 DEPARTMENT Planning EXPLANATION The project site is located within the highland Plaza shopping center, northeast of Wal-Mart, and south of the Cricket building at the intersection of Plaza Boulevard and Highland Avenue. The shopping center is within the General Commercial (CG) zone. The applicant is requesting a CUP for car stereo/alarm installation and window tinting in an existing 2,206 s.f. suite. The stereo shop would include a 1,1 15 s.f. stereo and accessories sales area, 750 s.f. installation bay, plus a storage room and office area. Typical issues related to car stereo installation include: adequate installation area, noise, and parking for vehicles pending service. The Land Use Code requires all work to be in a completely enclosed building. The installation bay provides adequate access for 2 cars. Noise from the stereo shop would not affect any residences, as the closest residence is located behind Wal-Mart, over 600 feet away. Parking for a shopping center is based on the total square footage of the center. and not on individual uses within it. Existing shopping centers are required to maintain the amount of parking originally provided, unless they are physically expanded; therefore, approval of the car stereo shop would not trigger a need for additional parking. The Planning Commission conducted a hearing on this application on August 4, 2008. They expressed concerns about the condition of the driveway behind the center, and modified a condition to require the driveway be repaired prior to the CUP becoming active. No public spoke on this item. Commission found the stereo shop desirable, as it would provide a service that is in demand among consumers, and will occupy a vacant suite in an existing shopping center. Environmental Review .X N/A Exempt (pursuant to Section 15301. Existing Facilities) Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION 1? Staff concurs with the Planning Commission and Recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION The Planning Commission voted to approve the Conditional Use Permit. Ayes — Alvarado, Baca, DeLaPaz, Farias, Flores, Reynolds, Pruitt ATTACHMENTS ( Listed Below) Resolution No. 1. Planning Commission Resolution 23-2008 3. Site photographs 2. Location Map 4. Applicant's Plans A-200 (9/99) RESOLUTION NO. 23-2008 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL. CITY, CALIFORNIA, APPROVING A CONDITIONAL. USE PERMIT FOR A CAR STEREO SALES AND INSTALLATION SHOP IN AN EXISTING SHOPPING CENTER AT 1050 HIGHLAND AVENUE, SUITE D. CASE FILE NO.: 2008-22 CUP WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit application for a car stereo installation shop at 1050 Highland Avenue, Suite D, APN 556-560-44, at a duly advertised public hearing held on August 4, 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 Case File No. 2008-22 CUP, maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State • law and City law; and, WHEREAS, the action recited herein is found to he essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE TI' RESOLVED by the Planning Commission of the City of National ('ity, ('alifornia, that the testimony and evidence presented to the Planning Commission at the public hearing held on August 4, 2008, support the following findings: That the site for the proposed use is adequate in size and shape, since the car stereo shop is proposed in an existing shopping center 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 the stereo shop it will generate minimal trips. Also, the project is conditioned to require site parking improvements to serve the proposed use. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since it is proposed for an existing shopping center, and all installation and testing will be indoors. 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, and will occupy a suite in an existing shopping center that is currently vacant. BE IT FURTHER RESOLVED that the application for Conditional Use Pemnit is approved subject to the following conditions: 1 1. This Conditional Use Permit authorizes a 2,206 square foot car stereo installation shop at 1050 Highland Avenue, Suite I). Except as required by Conditions of Approval, all plans submitted for permits associated with the project shall confonn with Exhibit A, Case file no. 2008-22 CUP, dated 7/23/2008. 2. Deteriorated portions of the parking lot obstructing access to the installation area shall be repaired prior to the conditional use permit becoming effective. 3. All car stereo installations and tests shall occur in the installation hay only; no work beneath the carport in the rear parking lot is allowed. 4. No vehicles pending service or pickup will be stored in parking spaces between Highland Avenue and the shopping center. 5. A sign reface and/or building permit shall be obtained for all new signage prior to business license issuance. 6. This permit authorizes car stereo installation only; no automotive repair will occur on the site. 7. A business license for the stereo installation shop must be obtained within 10 days of permit approval. 8. Exterior walls of the car stereo installation 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. 9. 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 I3MP 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. 10. 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. 11. 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. 12. 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. 3. The applicant will provide handicap accessibility including a bathroom, path of travel, access, etc. will be provided if a building permit is required. 14. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.1 16.190 of the Municipal Code. 2 15. 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. 16. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to thc satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall he approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 17. Within tour (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, "Title 14, Section 753.5, the applicant shall pay all necessary environmental 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 be transmitted forthwith to the applicant and to the City Council. BE IT FiNALLY RESOLVED that this Resolution shall becomme effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of thc Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of August 4, 200K, by the following vote: AYES: Alvarado, Farias, Baca, DeLaPaz, Pruitt, Reynolds, Flores NAYS: ABSENT: ABSTAIN: (2Az CHAIRWOMAN 3 PROJECT LOCATION ZONE BOUNDARY - - - - LOCATION MAP 2008-22 CUP Conditional Use Permit for a car stereo installation shop at 1050 Highland, Suite D NATIONAL CI4TY PLANNING DRN. DATE: 7/23/08 INITIAL HEARING: 8/4/08 2008-22 CUP Car Stereo Shop at 1050 1-lighland Avenue, Suite D - Site Photos Existing and proposed frontage (facing Highland) , • - !, • • ' •'• Installation bay door (behind shopping center). 5 Drive Aisle to be repaired Store interior 6 f 0101.6 caret.. L. 4.4 .........! G. r 0A-5,A1CP ROA ....,,VER Coe, GAAS BAR ....v 0EA 45,...A.. 01 DA. vAAZEC RCA I At OA 000., 0.. AAA. V,. 1.2C.LDS...• LE.C.A.A0 ADCT o.....•.....r eLt.E LAI-1.50ED 5E..- .E' ..f.503,EE AC. C.. AVAL At 0.. W.A., AEA. 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C 3,, • 7 SLOE., AV. 500......E•CE • 11,ff 1• cA.4.0•ALA coo. p •ry.LA.,•., go LD ..E. ,..,(....e.,.....f. C.1,... CONCAt•E ...•60.4- As ' 511.100000 n•ITACAL., DillADLED MIMEO,. CP. C01,51 AP .0.0CADOLA . ‘rypipEA ryeir com E.., Eo,p. COIF, C vr K. TC..... fry,. •',-AERED COAC CONC., OA P ,1111. Pa CONCAVE 0 01,0061,11.100.0.0ALAPICES .A.L. 040.....•.0.0.....• Eh ORGIV ..110 P.,,,,e• AV 000E0 OPEC•VID A 0,05 EECA.0., c-A, AA 51*0C7(C4A01D CPA EPASCA, 4 -........C.Pr ..ar.., OR DEMO. CIN 114. WEAK CT CEMA.A.C. A. • DV DVA L 0.0 0..VAK, EVA,AA 0 A DIAMIZTER ... -,ry, 00. 0!0601AL MA... Dry 0 ...VA ..0 YAtelCA... 05. OLEAKAOGRADmAc•AL AA,A.A, OR DOOR A0c.. -1•CA,V0CA. . .... _ CAC, DELA,. 10.'EDP, AA Aftryryryie.....• .T.I0 ver EA ED EXiSAV C.P.Aan I A 100,045.}..0, 1.0 ,1014lAL E..EC ELECTOACAL hi, COI NATO... GRADE E...• V E v•vovvry.,.,., ••••• ENG. IINCI.C.... .., • AO .......eaW SC1 Z.. VA.. 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(a" ,../ '9) 0 L) 0) 0) > < < _ . c < ' 0 Cr) 0 rt 72. a 0 ° < G001 co LOT 41 /2 PL• 206. 612 LOT ♦1 nIOMLAND -�"_ F_OO Perak NI ease revs — e+.9•we NOT FA/0 Or TAO •rµ9en A[cA; LOT 43 alI GENERAL NOTES, ,`i� N •v.Vt: •�< .[c.. •tcT wNl,nnr9'NAT 1K.4.A1z e,C 19* 10IL.1•M&*.AwTA61t.T*8 S91L C..AM[ [KC01M Irk. AT i.] 01 610.[1 [YGl.T TrL31 CNA.. �. CLLVATIO. Or O.1MLt0 ACC[1M6L[ [CV. rz6 Na0 60C fl t S.AL'_ r.0• [Y[LO ./.. MIi CAL OR1NP tA10IN1 Cp.(11[T[ I.] pCv^_L M K'LC»A<v ) •r< 40Pp6 -y0 ..16[iN..• 9..AL: 00 .A.'80 ON 1. 0•0.0 AA. r CAC. LOAP10 An01,.,OAO.rh A0C[t6 A •A.CN r *10 LI T!*S 12. ^6.. NO 1.06A60 66 .1 5'/90LC •O •RAT)C O.OKMri d. C1Al3 LEGEND O ACC[S06.l .AT. O. NlAA, . •.e PAO . INSAT,a+ .L• VA•es r;�.co..,�A,ce nT. Aw .c;,69>•aL:•- e0110. ren.e 9..Ar L• w.CON2 u.+�erz OCTAN20 nNe c:eA.LT e.. AL, .mn. NON CO.., na corOMONS Tie 1.01wUTTµS e.oWto .1cIOTO 0at1 wmac L ACC 010'T010,9• R..._OM, S. TK..00tL }R .1n M.p E [t[.qa 1168 TO6-2 80.L4 W 0M.O..l5T .[ VI5M ON11tl1..�60 ne.[CTO< T.t OAKA .r 1R1.1.0M SLC C-.M. OA •..6 rzw.i• irAOK•dT ^.02C' AIR A A; GOANA_IAKO A.1.1 *1[r•9 9 R 0868 Ll^ 1.00.04.0W19 [ [0T0NT 1VDu..#O O SAIMMOLE PR., µAre DAR CA 91950 JTAIF _ 7 -2 II, 6,4S ,A, A I:0N CAR 7.1 00 !0 FLOOR PLAN OrrICE V2> ▪ I CASHIERI. j! I I ; (SHOW ROOM; CUSTOMER AREA 1156 SO. IL es s a•t, rbAb,•- ij GENERAL NOTES NOTES AKA..As •FA. , toOGH b• 0'1H .0 St OFVHAA0B MY, aa,APA,0»» AH Icay Ca 401 •IM.C.41. 1010.00111 ,I1•C WOO.. 4114.0.1r. • h.. Co00••••• Ab H' mon", 401I ola, HP HO. • • • rrTz. Pla 11,10, n.ar NrCI,D bAOrb. OHOONe Af•HAOL •FAHm 0,21 AOHLHP MT icon »» WM, 7:4.6, TOO. tvosr, NOT HOCH," MAJo b HOFF HO AOHCH, .10, • 1;r1.0=. 104=0MM NW" HAF,VO • !v.!: ,?...= (nw, NEW .161.4011 12.1,BC OF arlOIACA• 4. E South Elevation SYMBOL-8 ; _ ...,. VICINITY West Elevation 11 , East Elevation 1050 Highland Avenue ELEVATIONSi 0 in su > < <0 03 c.) o , fx Lb z 4It c o 0 s.) z ,-• City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 19, 2008 AGENDA ITEM NO. 16 -- ITEM TITLE TEMPORARY USE PERMIT — Banner sign at Target Plaza Bonita from August 20, 2008 to November 20, 2008. PREPARED BY Joe Olson, 336-4210 DEPARTMENT Neighborhood Services EXPLANATION This is a request from Swain Sign on behalf of Target Plaza Bonita to raise a temporary non -illuminated banner sign. The applicant requests a 90 day use of the banner. The banner measures 25' by 14' and reads "Target Now Open." The banner will be located on the south side of the Plaza Bonita Mall and has been approved by Plaza Bonita management. The application states that they would like to set up the banner on August 6, 2008. However, because Council approval occurs on August 19th, the earliest they could erect the sign would be August 20, 2008. The applicant has been advised to wait until August 20th to set up the banner. &3} Environmental Review X N/A Financial Statement The City has incurred $345.00 for processing the TUP. 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 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: Target Plaza Bonita/Swain Sign EVENT: Target Banner Sign DATE OF EVENT: August 20, 2008 to November 20, 2008 TIME OF EVENT: N/A APPROVALS: PLANNING COMMUNITY SERVICES RISK MANAGER ENGINEERING PUBLIC WORKS FINANCE FIRE POLICE BUILDING & SAFETY CITY ATTORNEY YES [x] NO [ ] YES [ x ] NO [ ] YES [x] NO [ ] YES[x] NO[ ) YES[x] NO[ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ) YES [ x ] NO [ ] YES [ x ] NO [ ] SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS CONDITIONS OF APPROVAL: No stipulations l 1 1 1 1 1 1 1 1 Type of Event: Public Concert Parade Motion Picture Fair _ Festival __ Community Event Demonstration Circus Block Party Grand Opening )(Other oQdrn Sjail_.._ Event Title: NOW OgQ,11-..6.i 54--_)-- Event Location G t v y SA sw€e Wa 4. a/ n \ Event Date(s) : From*Ogto II/ ,' Month!Day/Year Actual Event Flours: _ am/pm to Total Anticipated Attendance: (_ Participants) Spectators) am/prn Setup/assembly/construction Date: Start time Please describe the scope of your setup/assembly work (specific details). Dismantle Date: Completion Time am/pm List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. No✓1e- Sponsoring Organization: _5teva. i1,1 51 7s i- _ For Profit — — — Not -for -Profit Chief Officer of Organization (Name) _ .esS; CS 'S i .�tG e Z. Applicant (Name): G I ►? }- S G4/ 6/O v � � Addres ; .._l3._� t_ t� 5� .5+-_.. ©4-1+ — 0 . C k 1 flI Daytime Phone- A(29-7.-53OEvening Phone: f(e% 514-$4z11:ax• 101 440-.2533 Contact Person on site' day of the event �'C SS�Caj ... J l wte V(e ParaerCellolcrr ' c '- 46,07Zs30 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS Is your organization a "Tax Exempt, nonprofit" organization? _ _ YES Are admission, entry, vendor or participant fees required? If YES, please explain the purpose and provide amount(s): YES NO NO Estimated Gross Receipts including ticket, product and sponsorship sales from this event. Estimated Expenses for this event. What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. -14S1-'11,q140.1 o 4 COone No.i — i f i ,. 444 fetes ?Co arai •f tart v Se A 4-O A-46.04x a 4- LA 4- 4- Ile 4--krt a I- f S tvov.i cRevl • rJ(.i If the event involves the sale of cars. will the cars come exclusively (ruin National City car dealers? If ), list any .additional dealers involved in the sale N, 3 YES NO Does the event involve the sale or use of alcoholic beverages? YES )(NO Will iterns or services be sold at the event? If yes, please describe: YES NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. YES -NO Does the event involve a fixed venue site? If YES, attach a detailed site map l showing all streets impacted by the event. YES - NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies Sizes NOTE: A separate Fire Department permit is required for tents or canopies. YES /[ NC) Will the event involve the use of the City stage or PA system? In addition to the route rnap required above, please attach a diagram showing the overall layout and set-up locations for the following items: Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. Food Concession and/or Food Preparation areas /� d Please describe how food will he served at the event: __ Ai i If you intend to cook food in the event area please specify the method GAS Et EC l RIC CHARCOAL OTHER (Specify). l�t//ff� Portable and/or Permanent Toilet Facilities Number of portable toilets. 1.1f _ (1 for every 250 people is required, unless the applicant can show that there re facilities in the immediate area available to the public during the event) Tables and Chairs Fencing, barriers and/or barricades Y Generator locations and/or source of electricity Canopies or tent locations (include tent/canopy dimensions) r Booths, exhibits, displays or enclosures Scaffolding, bleachers, platforms, stages, grandstands or related structures Vehicles andlor Trailers Other related event components not covered above Trash containers and durnpsters (Note. You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition ) Number of trash N/A Trash conlramers with lids _/ . 4- _ Describe your I,lavr for deal) up and removal of vv:rrste ,rnd garho(ie during and after the even) ¶kh Q/ J tl V2 ltWtou a i�4- '1--11 P. A UoH-e ÷-i (A- I low 4f4 ' �'�e C ) k s G x f i rea r y y Please describe your procedures for both Crowd Control and Internal Security YES x_ NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list. - Security Organization: Security Organization Address: Security Director (Name) Phone YES NO Is this a night event? If YES. please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you ve rnade for providing First Aid Staffing and Equipment. 11// Please describe your Accessibility Pia or access at your event by individuals with disabilities: Please provide a detailed descriptigrl O your PARKING plan: 6 koc£e Wi t✓-..- h.g_ S - _4_A-P_C O C`_ Please describe your plan for DISAE3_LEI F�APKING• 5 ? (;54-1/‘S) Please describe your plans to notify all residents. businesses and churches impacted by the event: NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. YES _NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music Number of Stages: __ Type of Music Number of Bands YES jS NO Will sound amplification he used? If YES, please indicate. Start time: am/pin Finish Time _ am/pin YES X NO Will sound checks be conducted prior to the event? If YES, please indicate Start time _arn/'pin finish Time _. am/prn Please describe the sound equipment that will be used for your event: YES A NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: 2( YES _ NO Any signs, banners, decorations, special lighting? 6) O .M e_ NQ K. C-C,4Kof-Ka- (tevtsed OR/10/05 If YES, please describe: -f e QQLq ► Lo n 2r. be rg-ex 1-i - '+ %� pi�- Event: For Office Use Only Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Treef-,, Director Budding & Safety Department City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization NSA Person in Charge of Activity Address Telephone Date(s) of Use HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, 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. Signal 4 cial T ille plicant ✓_ +(-4.C._#o!. - ,'i'7 Si 8,0 Date <g.5,02 For Offi e Use C)rtly Certificate of Insurance Approved - Date 3 Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization Type of Organization (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) No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. No (Please proceed to Question 5) 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization ' located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: No (P lease sign the form and submit it with the TUP Application) Signature 1 0 Date flor rItE, e3- tr. e g- ? C.31. -47 4:1,7 '1.3'i Or V. a/.e ..,. - . . . .A -, .. .. : ,-;_- °7* 4‘v cl -.... 1:. ...4. . r;6.za -49 ' lt 47 • .,,,,q.1 \.' k() P ••.0? ,.. \aia so° CI° 14,0" o. 0 FABRICATE & INSTALL ONE (11 NON -ILLUMINATED TEMPORARY BANNER SCALE 3/'.6' - t •C' BANNER TO 8E FABRICATED FRCM WHITE BANNER MATERIAL W/ HEMMED EDGES AND GROMMETS AS RECL'IRED FCR INSTALLATION. ALL GRAPHICS TO BE REVERSED OUT OF 3M 353053 CARDINAL RED VINYL TO SHOW WHITE. (GRAPHICS OPTION' DIGITALLY PRINT GRAPHICS TO MATCH VINYL SPEC.). ~i ICI I, •_.,s�,'��„"'{ LEFT SIDE (SOUTH) ELEVATION } rr / /I N (lot, ,aet,o SCALE../32•-1••0 �J FEDERAL 7 HEATH SIGN COMPANY www.Fede'al.< Oath Con, 2300 N. Highway I 2 ! E 0.Is. T% 16019 1e:1) 35S.+3O6 WI! 11131101.1103 Cak. Local fl. 0<nra4e • Las Vegas • Co1..m00, W'rower00. • e,,ow! 4 • 1a010,..le Finest • San AntO1IO • H0W:Dn CD,p.n Cn':su • M.w.a..a... • In01ana0011a Auanu • ?OW • 03,40,Y INe0 ',WIN Pua.y Swags for A,ntrltan 1uu4n e.bit DeOKlt.i•rr„Iltror,.M ...Et.. h444,0 Dent Ap losWDah: Lardo,d Apwo 403!e At<wnt aeo Boyd HiopensUel r%r<IM3Nge. Sandra Ramirez Drawn By: Brian Wood UWMIMn u Wµ Au NEC.sw0.401I.INfiwDen ?SyrCt / L0UCVn: TARGET Target T•2232 Sec Hwy 54 & Sweetwater Ra. Na5onal Cly, CA 91947 Dale July 02, 2008 Sheet M•n.,e, 1 oI Des.gn NnnDe• 23.78584 inls Eflglnal O'aw'ng !s U'4'ded es Pa'< Dt planreC 010)1(t aw Is no; CO De exn9,:ed. COpled Cr reOcCOtiCoa w¢.,OLA (ne wra(en 'let nls s .0.1 of Ee der'% Heath S.yn Company LLC or its a't^on21C 'yen(. c 1107 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT .1EETING DATE August 19, 2008 AGENDA ITEM NO. 17 (1TEM TITLE Warrant Register for the period of 07/18/08 through 07/31/08 in the amount of $441,288.21 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 Check# Amount Explanation MA Stevens Construction, Inc. 18164 $308,041.45 Library Remodel Rick Engineering 18168 $74,697.49 Professional Services —Bay Marina Gateway See attached report. Environmental Review ✓ N/A Approved by: Financial Statement anette Ladrido, Finance Director Account No. N/A STAFF RECOMMENDATION Ratification of warrants in the amount of $441,288.21 BOARD / COMMISSION RECOMMENDATION N/A I ATTACHMENTS ( Listed Below) Resolution No. Ratification of Expenditures for the period 07/18/08 THROUGH 07/31/08 A-200 (9/80) Payee REDEVELOPMENT. FUND CORPORATE EXPRESS INC ESSENTIA MANAGEMENT SERVICES GEOSYNTEC CONSULTANTS HARRIS & ASSOCIATES KLEINFELDER. INC. MA STEVENS CONSTRUCTION, INC NATIONAL CONSTRUCTION RENTALS OPPER R VARCO LLP POWER PLUS RICK ENGINEERING COMPANY SAN DIEGO DAILY TRANSCRIPT EJLI-TILE URBAN LAND INSTITUTE BOYS & GIRLS CI.UE3S OF COMMUNITY YOUTH ATHLETIC WELLS FARGO SLATE OF CALIFORNIA SECTION 8 11OUSING ASSISTANCE PAYMENTS EQIIIFAX CREDIT INFORMATION SVS FOR MEETING OF AUGUST 19, 2008 WARRANT REGISTER FOR PERIOD: 07/18 - 31/08 Description REDEVEI.OPMF.NT OFFICE SUPPLIES PROFESSIONAL SERVICES - WFSTSIDE EPA GRANT PROFESSIONAL SERVICES - EDUCATION VILLAGE? PROFESSIONAL. SERVICES - 820 G AVENUE DEMOLITION LIBRARY REMODEL. LIBRARY REMODEL. FENCE RENTAL - 1640 E PLAZA BI.VD PROFESSIONAL. SERVICES - PACIFIC' STEEL PROFESSIONAL SERVICES - AQUATIC ('ENTER PROFESSIONAL SERVICES - BAY MARINA WIDENING/GATEWAY ADVERTISING OF VARIOUS PUBLICATIONS PROFESSIONAL FEES - SIVTECHNICAI. AD PANEL REIMBURSEMENT - FY 07-08 REIMBURSEMENT - JUNE 2008 REIMBURSEMENT OF BUSINESS RELATED EXPENSES SDI SECOND QTR 2008 SUBTOTAL. - REDEVELOPMENT MANUAL PAYMENTS CREDIT BACKGROUND ('HECK FOR S8 SUBTOTAL - SECTION 8 Chk No Amount 18159 327.30 18160 4.642.00 18161 3,128.62 18162 7.434.68 18163 6,389.59 18164 308.041.45 18165 142.52 18166 2.276.08 18167 195.00 18168 74,697.49 18169 126.30 18170 5,000.00 18171 15,296.50 18172 4.166.67 18173 2.067.08 18174 1.596.38 $ 435,527.66 various S 5.634.86 10475 125.69 $ 5,760.55 TOTAL OF ALL FUNDS: $ 441,288.21 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE August 19, 2008 AGENDA ITEM NO. 18 rITEM TITLE A resolution approving an Exclusive Negotiation Agreement with NCSDI No. 1, LLC, Derr Family Ventures LP and Derco Properties LLC related to roughly 15 acres of property in National City commonly called the Harbor Drive In site and 1.34 acres on National City Boulevard commonly known as the RCP site, owned by the CDC. PREPARED BY Patricia Beard (ext 4255) Redevelopment Manager DEPARTMENT Redevelopment Division EXPLANATION Derco and Derr Family Ventures own roughly 26 acres of property partially within National City and partially within Chula Vista, commonly known as the Harbor Drive In. The CDC owns a 1.34 acre parcel adjacent to this site commonly known as the RCP site. NCSDI No. 1 LLC managed by commercial developers Sudberry Properties, Inc., has been discussing with Derco and City staff developing a potential 300,000 square foot retail shopping center on this site. The project, if successful, would be a "home run project" as desired by the City Council in the 2007 Strategic Planning workshops, producing increased consumer opportunities, jobs and significant tax revenues for both National City and Chula Vista. The attached Exclusive Negotiation Agreement ("ENA") would allow a one year period for the developers and staff to work together regarding the National City lands to try to make this complex project a reality. Please see attached Background Report for more detailed information. Environmental Review Not applicable. Financial Statement The ENA requires NCSDI No. 1, LLC to deposit $25,000 with the CDC for use on agreed -upon due diligence activities. Fifty -percent, or $12,500, of the deposit will be non-refundable. Account No STAFF RECOMMENDATION Adopt the resolution. BOARD / COMMISSION RECOMMENDATION Not applicable. STRATEGIC GOAL 2) Achieve fiscal sustainability; 5) Focus long-range planning; 7) Make an impact; 9b) Draw attention to important Gateways and Intersections. ATTACHMENTS 1. Background Report 2. Proposed ENA I nrotnr 114.nr, Resolution No. ATTACHMENT 1 BACKGROUND REPORT NCDSI No. 1, LLC, Managed by commercial developer Sudberry Properties, Inc. of San Diego, is negotiating a lease option on approximately 26 acres (owned by Derr Family Ventures LP and Derco) both in National City and Chula Vista for the purpose of developing a 300,000 square foot shopping center. Said shopping center, if it is successfully developed, would produce, at 1-percent, more than $1 million per year in sales taxes to be divided between the two Cities, provide 300 — 400 jobs, produce several hundred thousand dollars in increased property tax revenue, increase consumer: opportunities and revitalize a large tract of underutilized property abutting SR 54. City staff has been negotiating with City of Chula Vista staff regarding the creation of a Boundary Planning Agency which might oversee joint project entitlement, permitting and construction of the project and well as formally assigning the economic benefits of the project between the two Cities. Although National City staff believes this is the optimum approach to manage the project and discussions have been held, staff in neither City is yet prepared to bring an Agreement forward for their respective City Councils' consideration. ENA terms: • 365 days with Executive Director's discretion to extend for an additional 365 days. The unusually long, length of this ENA is proposed due to the complexity of working with two municipal jurisdictions as well as Caltrans to prepare for development. • Applies to properties only within National City. A 10.6 acre parcel north of SR 54. but within the City of Chula Vista is not covered by this ENA. • Restricts development -related negotiations of the identified properties, including the RCP site owned by CDC, to those with NCDSI No. 1, LLC, Derr Family Ventures LP, Derco and with the City of Chula Vista for the purposes of exploring the establishment of a Boundary Planning Agency. • Is assignable to a Boundary Planning Agency should one be established. • Requires the Developer to deposit $25,000, 50-percent refundable, for CDC use in analyzing the project and negotiating a Disposition and Development Agreement. • Requires the Developer to submit a Design Concept Plan for CDC approval within six months. EXCLUSIVE NEGOTIATION AGREEMENT By and Between COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, NCSDI NO. 1, LLC, DERR FAMILY VENTURES LP, and DERCO PROPERTIES, LLC. THIS EXCLUSIVE NEGOTIATION AGREEMENT (hereafter referred to as "AGREEMENT") is entered into this 19th day of August, 2008, by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a public body, corporate and politic (hereafter referred to as "CDC"), NCSDI NO. 1, LLC, a California Limited liability company (hereafter referred to as "DEVELOPER"), DERR FAMILY VENTURES LP, and DERCO PROPERTIES, LLC. (DERR FAMILY VENTURES LP and DERCO PROPERTIES, LLC collectively referred to as "PROPERTY OWNERS") on the terms and provisions set forth below. RECITALS WHEREAS, the DEVELOPER is acquiring an option to lease certain real properties owned by the PROPERTY OWNERS, commonly referred to as the Harbor Drive-in site, constituting roughly 26 acres abutting State Route 54 partially within the City of National City Redevelopment Project area (a portion of D Avenue and Assessor Parcel Numbers, 562-322-01, 02, 26, 30, , 562-280-31, 42, 29, 44, 22, 17, 562-252-06) and partially within the City of Chula Vista (a portion of D Avenue and Assessor Parcel Numbers 562-321-06); and, WHEREAS, the DEVELOPER has opened escrow to purchase APN 562-280-16 and agrees that this parcel shall not be subject to this ENA if the purchase falls out of escrow; and WHEREAS, it is those portions of the above described properties which are located within the City of National City, more particularly described as Assessor Parcel Numbers 562- 321-05, 562-322-01, 02, 25, 26, 27, 28, 30, 31 ("SITE") that are intended to be the subject of this Exclusive Negotiation Agreement; and, WHEREAS, the PROPERTY OWNERS desire to have the DEVELOPER pursue development of the SITE and consents to DEVELOPER pursuing and engaging in this AGREEMENT; and, WHEREAS, the Community Development Commission ("CDC") owns 1.34 acres on National City Boulevard commonly referred to as the RCP site (Assessor Parcel Number 562- 321-08) ("CDC SITE"); and, WHEREAS, the DEVELOPER is interested in assembling this site, plus adjacent lands within the City of National City and the City of Chula Vista ("OTHER STIES") to develop a shopping center featuring at least one major retail tenant, other retailers and restaurants totaling approximate floor area of 300,000 square feet ("PROJECT"); and, -1- NCSDI No.1 ENA WHEREAS, the CDC and the DEVELOPER desires to enter into this AGREEMENT to initiate exclusive negotiations for up to three hundred and sixty five (365) days (hereafter referred to as "EXCLUSIVE NEGOTIATION PERIOD") to allow the DEVELOPER to (i) undertake due diligence activities regarding the PROJECT; (ii) design the PROJECT; (iii) establish the responsibilities, schedule, and financial parameters for developing the PROJECT for the part of the PROJECT which is located within the City; (iv) negotiate the purchase price of the CDC S1TE; (v) assemble OTHER PROPERTIES; and (vi) negotiate a Disposition and Development Agreement (hereafter referred to as "DDA"). NOW, THEREFORE, in consideration of the recitals and mutual covenants and conditions contained herein, the parties hereto agree as follows: I. SITE The SITE constitutes the real property that is the subject of this AGREEMENT. It is the intent of the parties that the SITE is comprised only of properties located within the City of National City. The SITE is that portion of D Avenue located within the City of National City, bounded by the northerly most property line of the Derr property and the S.R. 54 right of way, and Assessor Parcel Numbers 562-321-08, 562-322-01, 02, 25, 26, 27, 28, 30, 31 consisting of approximately 24 acres in National City, California, located on the east side of National City Boulevard from State Route 54 to the southerly property line of the Keystone Trailer Park. The S1'1'E is shown on Exhibit A. The exact square footage of the STYE will be determined during the site planning activities outlined below. II. EXCLUSIVE NEGOTIATION PERIOD A. Exclusive Negotiation Period The EXCLUSIVE NEGOTIATION PERIOD begins when the CDC executes this AGREEMENT (hereafter referred to as "COMMENCEMENT DATE") and shall last for three hundred and sixty five (365) days thereafter. B. First Negotiation Period During the first one hundred eighty (180) days of the EXCLUSIVE NEGOTIATION PERIOD (hereafter referred to as "FIRST NEGOTIATION PERIOD"), the DEVELOPER and CDC shall meet regularly, in good faith, and jointly formulate a plan to develop the PROJECT (hereafter referred to as "DEVELOPMENT PROGRAM"). The Development Program shall include and delineate the following elements: 1. The type and scope of the PROJECT; 2. The interface of a phased development with the complete build out of the SITE; -2- SDCA_280013.2 3. Required on and off -SITE infrastructure improvements; 4. PROJECT, infrastructure, and state and local regulatory requirement costs; 5. Funding responsibilities and sources for the PROJECT; 6. The parties/entities responsible for the various PROJECT development activities; and 7. A detailed PROJECT development schedule. C. Due Diligence Also, during the FIRST NEGOTIATION PERIOD, the CDC and DEVELOPER, as applicable, shall conduct their respective due diligence activities, including but not limited to: 1. DEVELOPER'S timely delivery and submission to the CDC of sufficient evidence that the DEVELOPER is financially viable and has the required equity and financing to complete site development; 2. DEVELOPER'S timely review of preliminary title report information prepared for the SITE; 3. DEVELOPER'S timely investigation of the SITE. In conjunction therewith, and subject to the DEVELOPER receiving all prior governmental approvals and agreeing to all conditions of such approvals, DEVELOPER and its consultants and agents shall have the right to enter upon the SITE to conduct tests, studies, and investigations pursuant to an Early Entry Agreement, the form of which is attached hereto and incorporated herein as Exhibit 1; and 4. DEVELOPER'S timely submission of the Development Program to the CDC for review and comment. 5. CDC's efforts to negotiate a coordinated processing of the portion of the PROJECT that lies within the City of National City and the portion of the PROJECT that lies within the City of Chula Vista. D. Design Concept Plan Submission/Entitlements/Environmental Review By the end of the FIRST NEGOTIATION PERIOD, DEVELOPER shall submit its Design Concept Plan for the PROJECT, including a site plan, floor plans, exterior elevations and project description for review and consideration of acceptance by the Board of Directors of the CDC (hereafter referred to as "CDC BOARD"). Upon the -3- SDCA_2800132 acceptance of the Design Concept Plan by the CDC BOARD, the DEVELOPER shall prepare and process with the City any necessary land use entitlements, environmental studies and reports. E. DDA Following Design Concept Plan acceptance by the CDC BOARD, and the close of the FIRST NEGOTIATION PERIOD, the CDC agrees to negotiate exclusively with the DEVELOPER for the remaining one hundred eighty (180) days of the EXCLUSIVE NEGOTIATION PERIOD (hereafter referred to as "SECOND NEGOTIATION PERIOD") in order to negotiate and attempt to finalize the DDA. If, at the close of the SECOND NEGOTIATION PERIOD, the CDC and DEVELOPER have not agreed to the terms of the DDA, this AGREEMENT shall automatically terminate. Notwithstanding the above, the CDC's Executive Director, or designee, in his or her sole discretion, may extend the Negotiation Period for up to an additional three hundred and sixty five (365) days to complete DDA negotiations, the land use entitlements and the environmental studies, if the CDC's Executive Director determines additional time is reasonably required. F. Execution of DDA After the DEVELOPER and the CDC staff tentatively agree upon the DDA, the EXCLUSIVE NEGOTIATION PERIOD may be extended for up to an additional one hundred eighty (180) days at the discretion of the CDC's Executive Director, or designee (hereafter referred to as "THIRD NEGOTIATION PERIOD") in order to enable the CDC and the City to: 1. Notice and conduct a public hearing pursuant to Section 33433 of the California Health and Safety Code on the DDA; 2. Process site development, environmental and entitlement applications through the City's Planning Commission and City Council; and, 3. Present the DDA to the Community Development Commission Board for approval at a Community Development Commission meeting. The CDC agrees that during the EXCLUSIVE NEGOTIATION PERIOD, and during all of its extensions, the CDC shall not negotiate or enter into an agreement with any other person or entity regarding development of the SITE, with the exception of continuing negotiations with the City of Chula Vista related to the possible formation of the Boundary Planning Agency discussed below in Section II.H., unless it is with the expressed consent of DEVELOPER. The obligation to negotiate in good faith requires the respective parties to communicate with each other with respect to those issues for which agreement has not been reached, and such communication to follow reasonable -4- SDCA_280013.2 negotiation procedures, including meetings, telephone conversations, and correspondence. The parties understand that final accord on all issues may not be reached. It is also understood that: (1) neither party is under any obligation to reach agreement on the SITE purchase price and/or DDA; and, (2) the CDC reserves the right to approve or reject a DDA, the Project, or any disposition of the SITE, in its sole discretion, as more particularly set forth in Part IV of this AGREEMENT. G. CDC and DEVELOPER Obligations During the EXCLUSIVE NEGOTIATION PERIOD, the CDC and DEVELOPER'S obligations shall include, but not be limited to, the following: 1. CDC Obligations a. Provide the DEVELOPER with documents in the CDC's possession that would assist the DEVELOPER with the due diligence activities described in this AGREEMENT; b. Upon acceptance of the Development Program and verification of DEVELOPER'S financial commitments to both purchase and develop the PROJECT, prepare a first draft of a DDA; 2. Developer Obligations a. Use its best efforts to investigate the STI'.z; b. Submit STTb plans, elevations, schematic drawings, detailed Project development costs, Project pro formas for SITE improvements as well as a pro forma summarizing the total Project and respective returns and other documents necessary for CDC and City review; and c. Submit proof of adequate funding or funding commitments for the PROJECT. H. Possible Boundary Planning Agency. The City of National City and the City of Chula Vista have been working towards entering into an agreement in which the cities would agree to the joint exercise of powers for the purposes of planning and implementing any land use entitlements and uses of the encompassed parcels. The parcels anticipated to be included are the parcels subject to this ENA (referred to as the SITE), the parcels identified as being located in the City of Chula Vista, and the CDC SITE. The agency formed pursuant to such an agreement is expected to be called the Boundary Planning Agency. If the two cities execute such an agreement and form the Boundary Planning Agency, the CDC may assign this ENA to the Boundary Planning Agency. -5- SDCA_280013.2 III. DEVELOPER'S DEPOSIT Upon the approval of this AGREEMENT by the CDC BOARD, the DEVELOPER shall deposit with the CDC Twenty Five Thousand Dollars ($25,000) (hereafter referred to as "DEVELOPER'S DEPOSIT"), $13,500 of which is non- refundable, in the form of a cashier's or certified check, or wire transfer, payable to the CDC. The CDC agrees to hold the DEVELOPER'S DEPOSIT in the CDC's account and make disbursements therefrom only pursuant to the terms and provisions of this AGREEMENT. DEVELOPER agrees that the CDC may use the DEVELOPER'S DEPOSIT to reimburse itself for reasonable and actual attorneys' fees, consultant fees, appraisal fees, title reports, and any other related fees (excluding CDC staff costs) and costs (hereafter referred to as "DDA NEGOTIATION COSTS") incurred by the CDC in (i) negotiating and preparing this AGREEMENT, (ii) reviewing any documents submitted in furtherance of this AGREEMENT and/or DEVELOPER'S proposal to develop the PROJECT, (iii) any negotiations relating to the DDA and any related documents, and (iv) drafting the DDA or any other related documents. CDC shall submit to DEVELOPER invoices reasonably detailing DDA NEGOTIATION COSTS CDC has incurred at the time it submits a reimbursement notice to the DEVELOPER. CDC shall be free to withdraw funds from the DEVELOPER'S DEPOSIT, as needed, provided that it has submitted such invoices to the DEVELOPER. Half of the $25,000 DEVELOPER'S DEPOSIT, without deduction of the DDA NEGOTIATION COSTS, shall be refundable to DEVELOPER if there is a material default by the CDC of its obligations pursuant to this AGREEMENT. The $25,000 DEVELOPER'S DEPOSIT, less the DDA NEGOTIATION COSTS incurred to date (hereafter referred to as "BALANCE OF DEVELOPER'S DEPOSIT"), if any, shall be refundable to DEVELOPER in the event this AGREEMENT is terminated prior to or at the conclusion of the EXCLUSIVE NEGOTIATION PERIOD and prior to the execution of the DDA in exchange for DEVELOPER granting all of its rights, title and interest in all studies and reports in connection with the SITE to CDC to the extent DEVELOPER is legally permitted to do so. In the event the DDA is fully executed and approved by all requisite action, the BALANCE OF DEVELOPER'S DEPOSIT, if any, shall be applied to the DEVELOPER'S purchase price for the CDC SUE if the parties consummate the proposed transaction. Should costs to the CDC of negotiating the DDA exceed $25,000, DEVELOPER will reimburse the CDC for such costs within 30 days of receiving a written invoice from the CDC by regular mail. IV. RETENTION OF DISCRETION TO APPROVE THE PROJECT AND DDA; NO PRE -COMMITMENT It is anticipated that the PROJECT and the DDA providing for its implementation will be presented to the CDC BOARD for approval. The parties understand that the CDC -6- SDCA_280013.2 is reserving the right to exercise its discretion as to all matters which it is, by law, entitled or required to exercise its discretion, including, but not limited to the following: A. Approval by the CDC of the Final Project as Contained in the DDA The parties understand that the CDC has the complete and unfettered discretion to reject the DDA without explanation or cause. The risk of loss of all processing, design and developmental costs incurred by the DEVELOPER prior to DDA approval and execution shall be absorbed entirely by DEVELOPER. B. Review and Approval by the CDC of all Discretionary Findings and Conclusions The duty of the CDC to dispose of the parcel it owns within the SITE shall be conditioned upon the successful review and approval of all necessary findings and conclusions which the CDC BOARD is required to make, including all necessary findings and determinations required under CEQA, state and local land use provisions, and the California Community Redevelopment Law. As to any matter which the CDC may be required to exercise its unfettered discretion in advancing the PROJECT to completion, neither anything contained herein, nor to be contained in the DDA shall obligate the CDC to exercise its discretion in any particular manner, and any exercise of discretion reserved hereunder or required by law, shall not be deemed to constitute a breach of CDC duties under this AGREEMENT. C. No Pre -Commitment by the CDC By its execution of this AGREEMENT, the CDC is not committing itself to or agreeing to undertake any activity requiring the subsequent exercise of discretion by the CDC, or any department thereof including, but not limited to, the approval and execution of a DDA; the proposal, amendment, or approval of any land use regulation governing the SITE; the provision of any financial assistance for the development of any public or private interest in real property; the acquisition of real property; or any other such acti vity. This AGREEMENT does not constitute a disposition of property or exercise of control over property by the CDC and does not require a public hearing. CDC execution of this AGREEMENT is merely an agreement to enter into a period of exclusive negotiations according to the terms hereof, reserving final discretion and approval by the CDC as to any proposed DDA and all proceedings and decisions in connection therewith. V. THE DEVELOPER A. Developer's Experience As a condition precedent to the CDC's execution of this AGREEMENT, DEVELOPER shall have submitted to the CDC a detailed description of the development experience of the DEVELOPER and its principals, associates, employees, partners, and -7- SDCA_280013.2 joint ventures as well as proof of a right to develop this property from the property owners — Derr Family Ventures Ltd Partnership and Catherine L. Burdick [ACCURATE?]. B. Offices of the Developer The principal offices of DEVELOPER are located at: Sudberry Properties, Inc. 5465 Morehouse Drive, Suite 260 San Diego CA 92121 The Project Manager for the DEVELOPER will be: Mark Radelow of Sudberry Properties, Inc. Other employees, consultants, or representatives of DEVELOPER who are proposed to be directly involved in the Project will be identified by DEVELOPER and submitted to the CDC. C. Full Disclosure The DEVELOPER shall maintain full disclosure to the CDC of its principals, officers, stockholders, partners, joint ventures, and all other pertinent information concerning the DEVELOPER. D. Assignment The DEVELOPER may not assign this Agreement without prior written approval of the CDC. The CDC, in its sole discretion, may assign its interests and obligations to the Boundary Planning Agency. The CDC agrees that, notwithstanding the foregoing, the DEVELOPER may assign their rights under this AGREEMENT to (i) a corporation, trust, limited liability company or partnership of which the DEVELOPER or Sudberry Properties, Inc. (or affiliates thereof) owns the majority beneficial interest and operational control or (ii) DERCO or an affiliate owned and controlled by the Derr Family. E. Progress Reports The DEVELOPER agrees to provide, upon request, written reports advising the CDC on progress and/or problems with the proposed development every thirty (30) days during the term of the AGREEMENT. VI. ENVIRONMENTAL REQUIREMENTS The DEVELOPER shall prepare all necessary environmental documents as required by the California Environmental Quality Act (public Resources Code Section 21,000 et seq.) and local regulations, for certification by the City. The DEVELOPER agrees to cooperate with the City and the CDC, as requested, to help determine the environmental impact of the proposed -8- SDCA_280013.2 development and to prepare any other additional documents as may be needed to complete environmental review for the development of the PROJECT on the SITE; provided, however, that the CDC and the City shall not incur costs or expenses in collection therewith nor will CDC or City reimburse the DEVELOPER for costs incurred related to preparing these materials. VII. REAL ESTATE COMMISSIONS The CDC has not engaged a broker, agent, or finder in connection with this transaction. As such, the CDC will not be responsible for any claims by a broker, agent or finder, and the DEVELOPER agrees to defend, indemnify, protect and hold the CDC harmless from any claim by any broker, agent, or finder retained by the DEVELOPER. VIII. GENERAL PROVISIONS A. Legal Actions 1. Institution of Legal Actions In addition to any other rights or remedies, either party may institute legal action to cure, correct or remedy any default, to recover actual damages for any default, or to obtain any other remedy consistent with the purposes of this AGREEMENT; provided, however, that Paragraph C of this Part VIII shall supersede any conflicting provisions of this Paragraph A.1. Such legal actions must be instituted and maintained in the Superior Court of the County of San Diego, State of California, or in any other appropriate court in that county. 2. Applicable Law The laws of the State of California shall govern the interpretation and enforcement of this AGREEMENT. 3. Acceptance of Service of Process In the event that any legal action is commenced by the DEVELOPER against the CDC, service of process on the CDC shall be made by personal service upon the Executive Director or Secretary of the CDC, or in such other manner as may be provided by law. In the event that any legal action is commenced by the CDC against the DEVELOPER, service of process on the DEVELOPER shall be made by personal service upon the DEVELOPER or in such other manner as may be provided by law, and shall be valid whether made within or without the State of California. DEVELOPER's agent for service of process is Colton T. Sudberry, whose address is 5465 Morehouse Drive, Suite 260, San Diego, CA 92121-4714. -9- SDCA_280013.2 B. Rights and Remedies are Cumulative Except as otherwise expressly stated in this AGREEMENT, the rights and remedies of the parties are cumulative, and the exercise by either party of one or more of its rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. C. Specific Performance as Developer's Exclusive Remedy Subject to the DEVELOPER'S right to terminate this AGREEMENT in accordance with the terms of Paragraph E of this Part VIII, the DEVELOPER'S exclusive remedy for an uncured CDC default under this AGREEMENT is to institute an action for specific performance of the terms of this AGREEMENT, and in no event shall the DEVELOPER have the right, and the DEVELOPER expressly waives the right, to seek monetary damages of any kind, including but not limited to actual damages, economic damages, consequential damages, or lost profits, from the CDC in the event of a default by the CDC under this AGREEMENT or any action related to this AGREEMENT. Notwithstanding the foregoing, the DEVELOPER shall retain the right to seek a writ of mandate in the event of any final denial by the CDC of any CDC permit or approval pertaining to the PROJECT. D. Attorney's Fees If either party to this AGREEMENT is required to initiate or defend litigation in any way connected with this AGREEMENT, the prevailing party in such litigation in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to its actual and reasonable attorney's fees. If either party to this AGREEMENT is required to initiate or defend litigation with a third party because of the violation of any terms or provision of this AGREEMENT by the other party, then the party so litigating shall be entitled to its actual and reasonable attorney's fees from the other party to this AGREEMENT. As used herein, the term "attorney's fees" shall include attorney's fees incurred related to the foregoing described litigation and for any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, retaining expert witnesses, taking depositions and discovery, and all other necessary costs incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. The parties hereto acknowledge and agree that each such party shall bear its own legal costs incurred in connection with the -negotiation, approval, and execution of this AGREEMENT. E. Termination Rights Notwithstanding the nominal EXCLUSIVE NEGOTIATION PERIOD hereinabove set forth, either party may terminate this AGREEMENT if the other party has materially defaulted in its obligations herein set forth, and the terminating party has -10- SDCA_280013.2 provided the defaulting party with written notification of such determination, and the defaulting party has refused to cure same. The written notification shall set forth the nature of the actions required to cure such default if curable. The defaulting party shall have thirty (30) days from the date of the written notification to cure such default. If such default is not cured within the thirty (30) days, the termination shall be deemed effective. For purposes of this paragraph, the parties hereby acknowledge that time is of the essence. Each party shall also have the right to terminate this AGREEMENT in the event that (a) the CDC or the DEVELOPER determines that the PROJECT is infeasible, based on financial or environmental impact considerations, or not in the public interest; or (b) the parties reach an impasse in their negotiation of the DDA which cannot be resolved after good faith efforts; or (c) the DEVELOPER terminate the Letter of Intent between them related to development of this PROJECT for any reason. Upon such a termination, the CDC shall return the BALANCE OF DEVELOPER'S DEPOSIT, if any, to the DEVELOPER, in care of their Managing Member. F. Indemnity The DEVELOPER shall indemnify, protect defend and hold harmless the CDC and the City, and the CDC's and the City's respective elected officials, officers, employees, representatives, members, and agents from and against any and all challenges to this AGREEMENT, or any and all losses, liabilities, damages, claims or costs (including attorneys' fees) arising from DEVELOPER'S negligent acts, errors, or omissions with respect to its obligations hereunder or the SITE, excluding any such losses arising from the sole negligence or sole willful misconduct of the CDC or the conduct of third parties outside the control of the DEVELOPER. This indemnity obligation shall survive the termination of this AGREEMENT. Notwithstanding the foregoing, in the event of a third party challenge to the validity of this AGREEMENT, DEVELOPER shall have the option to terminate this AGREEMENT in lieu of its indemnity obligation. G. Notices Demand and Communications Between the Parties Formal notices, demands, and communications between CDC and DEVELOPER shall be given either by (i) personal service, (ii) delivery by reputable document delivery service such as Federal Express that provides a receipt showing date and time of delivery, or (iii) or by mailing in the United States mail, certified mail, postage prepaid, return receipt requested, addressed to: To CDC: Community Development Commission 1243 National City Boulevard National City, CA 91950 Attn: Brad Raulston SDCA_280013.2 -11- With copy to: To Developer: With copy to: To DERCO: With copy to: CDC Attorney 1243 National City Boulevard National City, CA 91950 Attn: George Eiser NCSDI No. 1, LLC c/o Sudberry Properties, Inc. 5465 Morehouse Drive, Suite 260 San Diego CA 92121 Attn: Colton T. Sudberry Law Offices of William J. Harris 777 South Highway 101, Suite 123 Solana Beach, CA 92075 Attn: William J. Harris, Esq. 4068 Rogers Road Spring Valley CA 91977 Attn: Michael Derr [CORRECT NOTICE INFORMATION?] Law Offices of Kathryn Albergotti 2605 Vale Crest Golden Valley, MN 55422 Attn: Kathryn Albergotti, Esq. Notices personally delivered or delivered by document delivery service shall be deemed effective upon receipt. Notices mailed in the manner provided above shall be deemed effective on the second business day following deposit in the United States mail. Such written notices, demands, and communications shall be sent in the same manner to such other addresses as either party may from time to time designate by mail. H. Nonliability of City and CDC Officials and Employees No member, official, employee, or contractor of the City or the CDC shall be personally liable to the DEVELOPER in the event of any default or breach by the CDC or for any amount, which may become due to the DEVELOPER or on any obligations under the terms of the AGREEMENT. I. Interpretation The terms of this AGREEMENT shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this AGREEMENT or any other rule of construction which -12- SDCA_280013.2 might otherwise apply. The Part and Paragraph headings are for purposes of convenience only, and shall not be construed to limit or extend the meaning of this AGREEMENT. J. Entire Agreement, Waivers and Amendments This AGREEMENT integrates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the subject matter hereof. All waivers of the provisions of this AGREEMENT must be in writing and signed by the appropriate authorities of the party to be charged, and all amendments and modifications hereto must be in writing and signed by the appropriate authorities of CDC and DEVELOPER. K. Counterparts This AGREEMENT may be executed in counterparts, each of which, after all the parties hereto have signed this AGREEMENT, shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. L. Successors This AGREEMENT shall be binding upon and shall inure to the benefit of the permitted successors of each of the parties hereto. M. Further Assurances — The parties hereto each agree, without further consideration, to execute such other and further documents, and to perform such other and further acts, as may be necessary or proper in order to consummate the transaction set forth in and contemplated by this Agreement. N. Severability In the event any section or portion of this AGREEMENT shall be held, found, or determined to be unenforceable or invalid for any reason whatsoever, the remaining provisions shall remain in effect, and the parties hereto shall take further actions as may be reasonably necessary and available to them to effectuate the intent of the parties as to all provisions set forth in this AGREEMENT. O. Time is of the Essence Time is of the essence for each of the DEVELOPER'S obligations under this AGREEMENT. P. Confidentiality The DEVELOPER acknowledges and agrees that the CDC is a public entity with a responsibility and, in many cases, legal obligation to conduct its business in a manner -13- SDCA_280013.2 Aug 05 08 03:48p Victoria Derr �1 1 4bJ '1�5u Ut/UU/ZUURJ TU% lb:if fAA Job 4Zbt UUU UP NATIUIVAL WTI p.z l9JUUZ/UUZ open and available to the public. Accordingly, any information provided by the • DEVELOPER to the CDC with respect to the SITE, the PROJECT or the DEVELOPER may be disclosed to the public either purposely, inadvet ently, or as a result of a public demand or order. With respect to any information provided that the DEVELOPER reasonably deems and identifies in writing as proprietary end- confidential in nature, the CDC agrees to exercise its best efforts to keep such information confidential. .IN WITNESS WHEREOF, the CDC and the DEVELOPER have signed this AGRMENT on the respective dates set forth below. COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY Tay: Ron Morrison, Chairman ATTEST: By: Chris Zapata, Secretary . APPROVED AS TO FORM: By: George Eiser, 11T CDC Counsel Dated: socq_zaoota.z NCSDINO. 1, LLC, a California knifed liability company By: Sudbcrry Development, Inc., a California corporation its Manager By: Colton T. Sudberry • President DERR FAME PARTNERST By: Terry G. Derr DI;RCO R� TCES L}� By `` j /.(9 • 'chact Derr • -14- Exhibit l 08/05/2008 TUE 15:55 [JOB NO. 88581 1002 1 --- Exhibit 3 1 t1 _!-'� Locator Map 11, \,t \�1' 1- t \\ ,1 1 ✓� ,l \ 1� - - ! National C 1 t' I�r I •i • %/ Legend National City Property CDC Property Chula Vista Property National City Boundary r t 1 I! - ~'-J J - J•1 � f-� � � 14 1 �5 RESOLUTION NO. 2008 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APPROVING AN EXCLUSIVE NEGOTIATION AGREEMENT BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY; NCDSI NO. 1, LLC.; DERR FAMILY VENTURES LP; AND DERCO PROPERTIES LLC WHEREAS, NCDSI No. 1, LLC; Derr Family Ventures, LP; and Derco Properties, LLC (the "Developers") are interested in developing certain real properties owned by the Derr Family commonly referred to as the Harbor Drive-in site, constituting roughly 26 acres abutting State Route 54 partially within the City of National City Redevelopment Project area (a portion of "D" Avenue and Assessor Parcel Numbers 562-321-05, 562-322-01, 02, 25, 26, 27, 28 , 30, 31) ("SITE"), and partially within the City of Chula Vista (a portion of "D" Avenue and Assessor Parcel Number 562-321-06); and, WHEREAS, the Community Development Commission (CDC) owns 1.34 acres of vacant land, which is suitable for redevelopment (APN 562-321-08) within the National City Redevelopment Project; and WHEREAS, due diligence activities under an Exclusive Negotiation Agreement are consistent with the goals of the Redevelopment Plan for the National City Redevelopment Project and provide the potential to meet objectives of the National City Strategic Plan; and WHEREAS, the Developers and the Community Development Commission wish to enter an Exclusive Negotiation Agreement for a period of 365 days. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby approves the Exclusive Negotiation Agreement by and between the Community Development Commission of the City of National City; NCDSI No. 1, LLC.; Derr Family Ventures, LP; and Derco Properties, LLC. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 19th day of August, 2008. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE August 19, 2008 AGENDA ITEM NO. 19 ITEM TITLE A resolution approving an Agreement with Urban Futures, Inc. to provide financial consultant services for the Community Development Commission in an amount not to exceed $84,700 - $34,700 for consulting to the CDC and $50,000 for as needed services to be reimbursed largely through developer deposits. PREPARED BY Patricia Beard (ext 4255) ' 4 Redevelopment Manager DEPARTMENT Redevelopment Division EXPLANATION Staff desires to retain an on call redevelopment specialist consulting firm to advise CDC regarding a cooperative relationship between the City and CDC now that staff has been converted to City employees, to provide required continued disclosure services related to CDC's six existing bond issues and to provide advice and analysis related to the use of tax increment for project incentives and other purposes. This contract allows $25,000 for analysis of the post -merger CDC and City, as well as the creation of a cooperation agreement between the two entities, $9,700 for bond disclosure services, and up to $50,000 for as needed consulting. Urban Futures, Inc. is a qualified municipal and redevelopment agency financial advisory firm. Founded in 1972, it has served more than 150 municipal clients. The Executive Director has interviewed the firm's principals and proposed National City team and advises retaining the firm. Please see attached Statement of Oualifications. Environmental Review Not applicable. Financial Statement This Agreement is proposed as not to exceed $84,700. Any development -related consulting under the contract would be reimbursed out of developer deposits. Account No STAFF RECOMMENDATION Adopt the resolution. BOARD / COMMISSION RECOMMENDATION Not applicable. STRATEGIC GOAL 2) Achieve fiscal sustainability. ATTACHMENTS 1. Proposed agreement with UFI 2. Statement of Qualifications Resolution No. RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE AN AGREEMENT WITH URBAN FUTURES, INC., - TO PROVIDE FINANCIAL CONSULTANT SERVICES FOR THE COMMUNITY DEVELOPMENT COMMISSION IN AN AMOUNT NOT TO EXCEED $84,700 WHEREAS, the Community Development Commission ("CDC") is responsible for the implementation of the Redevelopment Plan for the National City Redevelopment Project area in keeping with state law; and WHEREAS, the CDC desires to employ a consultant to provide redevelopment fiscal and implementation, bond continuing disclosure services and as -needed assistance related to redevelopment projects until June 30, 2009; and WHEREAS, Urban Futures, Inc. is a qualified municipal and redevelopment agency financial advisor having served more than 150 municipal clients, and is qualified by experience and ability to perform the services to CDC. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby authorizes the Chairman to execute an Agreement with Urban Futures, Inc., to provide redevelopment fiscal and implementation, bond continuing disclosure services and as -needed assistance related to redevelopment projects until June 30, 2009, in the not to exceed amount of $84,700. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 19th day of August, 2008. ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel Ron Morrison, Chairman Attachment "1" AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND URBAN FUTURES, INC. THIS AGREEMENT is entered into this 19th day of August, 2008, by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a community development commission (the "CDC"), and URBAN FUTURES, INC, (CONSULTANT"). RECITALS WHEREAS, the CDC desires to employ a CONSULTANT to provide a redevelopment fiscal and implementation, bond continuing disclosure services and as -needed assistance related to redevelopment projects for the period until June 30, 2009; WHEREAS, the CDC has determined that the CONSULTANT is a municipal and redevelopment agency consultant 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 CONTRACTOR/CONSULTANT (CHOOSE ONEl. 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 three Project Directors to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Michael P. Busch is designated as the Project Director for the CONSULTANT's redevelopment fiscal and implementation services; Jennifer Helbock is designated as the Project Director for the CONSULTANT's bond continuing disclosure services; and Steven H. Dukett is designated as the Project Director for the CONSULTANT's as -needed assistance related to redevelopment projects services. 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings for redevelopment services shall include labor classifications, respective rates, hours worked and also materials, if any. Continuing disclosure billings shall be billed once annually at the completion of the annual report applicable to the bond issue. The amount of annual report fees and bond issue description will be included on the invoice for continuing disclosure services. The total cost for all work described in Exhibit "A" shall not exceed $84,700 (the Base amount) without prior written authorization from the Executive Director. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A" as determined by the CDC. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CDC and for furnishing of copies to the CDC, if requested. 5. 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. Completion dates or time durations for specific portions of the Project are set forth in Exhibit "A". 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. All reports, studies, findings and other documents prepared by the CONSULTANT for this Project, both paper and electronic, shall become the property of the CDC for use with respect to this Project, and shall be turned over to the CDC upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CDC and CONSULTANT thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CDC's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CDC, execute any further document(s) necessary to further effectuate this waiver and disclaimer. 2 CDC's Standard Agreement — June 2008 revision The CONSULTANT agrees that the CDC may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONSULTANT's written work product for the CDC's purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CDC of documents, drawings or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14 but only with respect to the effect of the modification or reuse by the CDC, or for any liability to the CDC should the documents be used by the CDC for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 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 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 sub -consultants, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its sub-consultant(s) shall require the sub -consultant 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 CONSULTANT's employees except as herein set forth, and the CONSULTANT expressly agrees not to represent that the CONSULTANT or the CONSULTANT's agents, servants, or employees are in any manner agents, servants or employees of the CDC, it being understood that the CONSULTANT, its agents, servants, and employees are as to the CDC wholly independent CONSULTANTs and that the CONSULTANT's obligations to the CDC are solely such as are prescribed by this Agreement. 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 3 CDC's Standard Agreement — June 2008 revision 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 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 14, 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 4 CDC's Standard Agreement — June 2008 revision third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CDC. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CDC for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 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 Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CDC and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CDC or its officers, employees, or volunteers, for or on account of any liability under any of said acts which 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 5 CDC's Standard Agreement — June 2008 revision 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 "retrou 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 Califomia admitted companies which hold a current policy holder's alphabetic and financial size category rating of not Tess than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the 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. Attomey's fees to the prevailing party if other than the CDC shall, in addition, be limited to the amount of attorney's fees incurred by the CDC in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 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, 6 CDC's Standard Agreement — June 2008 revision 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 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 10 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 7. E. The CDC further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankrlptcy 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 CDC: Brad Raulston Executive Director Community Development Commission of the City of National City 1243 National City Boulevard National City, CA 91950-4301 To CONSULTANT: Marshall F. Linn President Urban Futures, Inc. 7 CDC's Standard Agreement — June 2008 revision 3111 N. Tustin Street, Suite 230 Orange CA 92865-1753 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 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 Govemment 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. 0 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 22 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. 8 CDC's Standard Agreement — June 2008 revision 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 govemed by and construed in accordance with the laws of the State of Califomia. 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 URBAN FUTURES, INC. COMMISSION (+— signatures of two corporate officers) OF THE CITY OF NATIONAL CITY (Partnership propr- oneietorship signature) By: Ron Morrison, Chairman APPROVED AS TO FORM: George H. Eiser, III Legal Counsel By: Marshall F. Linn, President By: --2j7 Marshall F. Linn, Secretary 9 CDCs Standard Agreement - June 2008 revision EXHIBIT "A" PROFESSIONAL SERVICES PROPOSAL The City of National City ("City") and the Community Development Commission of the City of National City ("CDC") requires expert professional services to provide: 1. A comprehensive redevelopment fiscal and implementation performance review, 2. Continuing disclosure services with respect to the City's and CDC's bond issues; and 3. On -call and as needed development project related services. Urban Futures, Inc. ("UFI) proposes to provide the needed services in the manner, within the schedules and at the costs described below. SCOPE OF SERVICES 1. COMPREHENSIVE REDEVELOPMENT FISCAL AND IMPLEMENTATION PERFORMANCE ANALYSIS In order to accomplish the comprehensive redevelopment fiscal and implementation performance analysis component of the scope of services, UFI will initially review all appropriate and pertinent background data, which will include, but may not be limited to: • Current Fiscal Year Budget (Operating, Capital and Debt Service); • Revenue and Expenditure Forecasts/Trend Data; • Redevelopment Plan Financial and Time Limits; • Local and Regional Economic Forecasts; • Existing Tax Increment Pass Through Agreements; • Financial and investment Policies and Practices; • Debt Profile (bonded and from the City); • Performance Goals and Objectives; • Current Redevelopment Implementation Plan; • Project Area Familiarization Survey; • Development Projections (current and forecasted); and • Organization and Management (e.g., structure, operating relationships [Le., hierarchical function placement] and staffing allocations). Once the background review has been accomplished and the analysis work completed, UFI will present its findings and recommendation in the following key areas: • Fiscal Opportunities; and • Implementation Performance. The Fiscal Opportunities component will effectively serve as a comprehensive fiscal "check-up" for the CDC. Among other things, it will confirm the CDC's current fiscal condition and recommend a strategy for the most effective use of the CDC's monetary resources. This will include a three-year revenue and expenditure trend projection and National City PSA Exhibit A Page 2 recommendations for maximizing the CDC's ability to obtain debt financing for its development project opportunities. Based on the analysis of the CDC's redevelopment plan financial and time limits, UFI will recommend available options to optimize the receipt and utilization of its tax increment revenues. UFI will also include the results of the analysis of the specific loan terms and circumstances (Le., notes, resolutions, staff reports, financial records, etc.) with respect to the CDC's pool of City loans and recommend available options to feasibly repay them while simultaneously maintaining the CDC's ability to accomplish its primary redevelopment responsibilities related to blight elimination, economic development and the provision of affordable housing. The Implementation Performance component will effectively serve as a comprehensive organizational and management "check-up" for the CDC. It will confirm the CDC's organization and management structure, operating relationships and staffing allocations and will include UFI's recommendations for best practices for maximizing the CDC's operating capabilities through effective organizational structure and staffing allocations. This is intended to enhance the CDC's efforts toward removing blight within its redevelopment areas as well as promoting economic development, community development, job creation and affordable housing projects and programs. UFI will be pleased to present the results of the redevelopment fiscal and implementation performance analysis to the CDC at one of its meetings or workshops. 11. CONTINUING DISCLOSURE SERVICES Rule 15c2-12 Compliance: In 1989 the Securities Exchange Commission (SEC) adopted Rule 15c2-12 to improve disclosure practices in the municipal marketplace. Amendments were subsequently made to increase the amount of reliable information in the secondary market. These amendments now require National City, and other issuers to provide continuing disclosure throughout the life their bond issues. According to Rule 15c2-12, Issuers must: 1. Annually: File disclosure and operating information with national and state repositories; and 2. As significant events occur: Prepare and file announcements of the events as identified in the Rule (i.e. defeasances, rating changes and payment defaults). As the City's and CDC's Continuing Disclosure Agent, UFI will assume the lead and ensure that the CDC meets all of its disclosure obligations as a bond issuer and meets all necessary requirements. We realize that every client is unique and as such, each client has unique continuing disclosure needs. We do not merely prepare the required reports; we follow the steps as outlined in "Best Practices in Disclosure" and create a custom reporting program to best meet the disclosure obligations of the issuer and to disseminate information to the investors. National City PSA Exhibit A �1 Page 3 Rule 10b-5 Compliance: The CDC's full compliance with Rule 15c2-12 also means that it must also adhere to Rule 10b-5, which requires that an issuer, "in providing such annual list, (1) be accurate, and (2) not omit any material information." The evaluation of "material information" requires proficiency and working knowledge of public finance analysis, bond issuer credit package analysis/ratings, the secondary market and anything that may affect the value of your bond. In other words, the issuer is expected to prepare that annual disclosure report with the same standard of due diligence that goes into the preparation of the Official Statement. Urban Futures is considered an expert in disclosure and credit matters pertaining to the nature of the bond industry and financings. Benefits: Continuing Disclosure is beneficial to issuers and investors. Making disclosure information more accessible helps to improve the efficiency of the municipal market and can lower borrowing costs by improving liquidity of an issuer's bonds. The liquidity of a security may be enhanced if it is demonstrated to potential investors that the issuer is willing to provide reliable continuing information on a timely basis. As a result, investors are more likely to accept a lower interest rate at the time of issuance and the issuer may benefit from substantial interest cost savings. Online Publication: As mentioned before, issuers are required to file certain financial information and operating data with national and state repositories each year. This current system allows investors to obtain, for a fee, the issuers annual reports from the nationally recognized information repositories. In the spirit of Rule 15c2-12(b), UFI has taken the disseminating requirements and gone a step further. In that regard, UFI sends the annual report to each of the Nationally Recognized Municipal Securities Information Repositories and also publishes the report on our website (www.ufidisclosure.com). Bondholders and investors often visit our website to quickly collect the latest disclosure information. Our online publication system is free, user friendly and open to the public. Investors, analysts, and regulatory agencies have all applauded the use of govemment websites for the purpose of disclosure. The Securities and Exchange Commission has embraced Internet -based disclosure for its ability to promote transparency, liquidity, and efficiency in the capital markets. The Government Finance Officers Association recently adopted a new recommended practice encouraging its members to use their web sites for disclosure purposes. The consistent availability of complete and timely disclosure information can enhance the secondary market liquidity of an issuer's bonds, making them more attractive to investors. The City's and CDC's investors will avoid the fees charged by the repositories for obtaining the reports. Such fees currently average between $25 and $50 per report. National City PSA Exhibit A a Page 4 Disclosure Track: UFI uses a custom database to track the reporting requirement of its clients. Disclosure Track was created with continuing disclosure in mind. This powerful management information system is used to maintain all relevant data pertaining to your Continuing Disclosure Agreements, such as issue name, issue description, issue purpose, reporting due date, trustee contact information and issuer contact information. Disclosure Track can easily merge and print information request letters and significant event notices. Dissemination Agent: With UFI serving as the City's and CDC's Dissemination and Continuing Disclosure Agent services, the City and CDC will eliminate the fees currently being charged by outside parties to post the annual reports with the nationally recognized repositories. These fees charged by the Trustee typically average $500 per year. Investor Inquiry Support: Due to the recent economic conditions, more and more investors are concerned regarding the stability of their bonds and other financing investments, and as a result, investor inquiries are on the rise. UFI provides investor inquiry support by timely responding to investor requests for financial information and completing credit rating questionnaires. Preparation of Significant Event Notices: UFI assists with the preparation of significant event notices, including the notice of credit downgrades. As you are aware, the recent subprime mortgage foreclosure crisis has caused the downgrade of credit ratings for the major bond insurers. This activity has affected the credit ratings of bonds for many of the issuers across California. The downgrade of a credit rating is a significant event and a notice describing such downgrade must be posted by the issuer. UFI tracks the movements of the market on a daily basis, including the bond insurer credit ratings. Our staff also takes the necessary steps to receive email alerts upon the release of news regarding an issuer, to review such information, review with bond counsel, and make a determination as to materiality. The goal of our approach is to minimize the disclosure risk of the issuer by implementing a proactive disclosure program. III. ON -CALL AND AS NEEDED DEVELOPMENT PROJECT RELATED SERVICES On -call and as needed development project related services are primarily real estate development oriented, transactional in nature and opportunity based. The following scope of services includes, but is not limited to the types of development project related services that UFI may potentially provide the CDC, as staff may request: National City PSA Exhibit A �3 Page 5 1. Assist and advise staff with respect to planning, urban design, land -use, development strategies, fiscal feasibility, funding/financing strategies and deal structuring for potential development projects and/or programs; 2. Participate in formal and informal planning and project management discussions, negotiations and presentations with staff, developers, owners, architects, community officials, other local govemment agencies and others, as appropriate, with respect to development projects and/or programs specified by the CDC; 3. Assist in evaluating the physical and fiscal feasibility of any public assistance requests (i.e., pro forma analysis) that may be received by any prospective developer; 4. Assist in developing and implementing marketing strategies to retain, expand and attract businesses to increase employment opportunities and tax ratables; ,. 5. To the extent that any public assistance is contemplated by any prospective developer, assist in developing clear and easy to understand options; 6. To the extent that any public assistance is contemplated by any prospective developer, devise options that emphasize that any direct public assistance should be limited to those tax-ratables generated by the project, be performance based and be tied to the concept of feasibility wherein both parties share in project financial benefits; 7. To the extent that any public assistance is contemplated by any prospective developer, devise options which emphasize to the maximum extent feasible that any indirect public assistance should be limited to either regional or area benefiting public infrastructure; 8. To the extent that any public assistance is contemplated by any prospective developer, devise options which emphasize that any assistance for public infrastructure should include to the maximum extent feasible the use of alternative fiscal resources, e.g., a community facilities district; 9. Estimate the tax ratables that a projected development may generate (Le., property taxes, tax increments, sales taxes, transient occupancy taxes, etc.); 10. Assist and advise staff with respect to low- to moderate -income housing projects and/or programs; 11.As necessary, prepare "Financial Information Summary" reports as required by Section 33433 of the California Community Redevelopment Law ("CCRL", Health and Safety Code Section 33000, et seq.); National City PSA Exhibit A \' Page 6 12. As necessary, prepare "Benefit Finding" reports as required by Section 33445 of the California Community Redevelopment Law ("CCRL", Health and Safety Code Section 33000, et seq.); and/or 13. Provide any other related service that staff may direct. SCHEDULE OF PERFORMANCE Redevelopment Fiscal and Implementation Performance Analysis: The redevelopment fiscal and implementation performance analysis component of the scope of services will require approximately 90 days to complete. Approximately two- thirds of this time frame will be dedicated to data gathering and analysis work and the balance to report and public presentation preparation. The accomplishment of this schedule is dependent on the full cooperation of the appropriate staff from the CDC, Finance and City Clerk Departments. Continuing Disclosure Services: Continuing Disclosure Services are provided on an annual on -going basis. UFI will ensure that the continuing disclosure reports will be prepared and appropriately filed in accordance with the reporting requirements specified in the Continuing Disclosure Agreement applicable to each bond issuance. Significant event notices are prepared and filed on an as needed basis. On -Call and as Needed Development Project Related Services: On -call and as needed development project related services will be provided as requested by the CDC. As applicable to the assignment, a schedule of performance may be developed for each activity and agreed to by the parties. PROFESSIONAL SERVICES FEE Redevelopment Fiscal and Implementation Performance Analysis: Due to the vagaries associated with the availability of CDC records, UFI proposes to carry out the Scope of Services on an actual time and materials basis to be charged against a specific budget authorization level. Without reviewing the records, UFI believes at least 90 hours of Managing Principal level time and 55 hours of Analyst time will be needed to complete this assignment. Consequently, it is requested that the CDC allocate $25,000 for this service component. UFI's Professional Service Rate Schedule is as follows: Managing Principals $ 195.00 Principals $ 170.00 Principal Planners $ 120.00 Senior Planners $ 95.00 National City PSA Exhibit A Page 7 Planners Associate Planners Assistant Planners Technicians Clerical $ 85.00 $ 75.00 $ 65.00 $ 55.00 $ 45.00 These rates will remain constant through June 30, 2009 and are subject to change thereafter. Costs for telephone, e-mail and facsimile expenses, postage and incidental photocopying are included within the above noted Professional Service Rate Schedule. The Professional Service Rate Schedule does not include out-of-pocket expenses that may be incurred during the accomplishment of the Scope of Work. Out of pocket expenses include, but are not limited to all other necessary materials, supplies, services, printing, electronic data files, travel, etc. All out-of-pocket expenses shall be charged on an actual cost basis, plus 10%. In the event that the assignment requires additional effort to complete, UFI will request an additional budget authorization prior to incurring any costs exceeding $25,000. Continuing Disclosure Services: UFI's fees for its Continuing Disclosure Services applicable to the City and CDC are as follows: One Time Set up Fee (database set-up) Dissemination of Reports Online Publication of Reports Significant Event Notice Preparation Inquires from Rating organizations waived Included in annual fee Included in annual fee Included in annual fee Included in annual fee Preparation of Annual Disclosure Reports as stated below: CDC 2005 TAXABLE TABs, SERIES A, $27,940,000 $950 CDC 2005 REFUNDING TABs, SERIES B, $9,840,000 $950 CDC 2004 TABs, SERIES A, $5,860,000 $1,950 CITY OF NATIONAL CITY, GOBs 2002 SERIES A, $6,000,000 $1,950 CDC 1999 TABs (HOUSING), $5,050,000 $1,950 NATIONAL CITY JOINT POWERS FINANCING AUTHORITY 1998 LEASE REVENUE REFUNDING BONDS, $6,255,000 $1,950 FUTURES BOND ISSUES (NOT LISTED HEREIN) $2,150 National City PSA Exhibit A �6 Page 8 These fees will remain constant through June 30, 2009 and are subject to change thereafter. The above noted fees are all-inclusive for satisfaction of all requirements and include all out-of-pocket expenses. On -Call and as Needed Development Project Related Services: Due to the vagaries associated with any "as needed and/or on call" services program, UFI proposes to carry out the "Scope of Work" on an actual time and materials basis (only for requested work) to be billed against a specific purchase order authorization level. With respect to National City, UFI recommends an initial fiscal year 2008-09 allocation of $50,000. However, UFI will be pleased to provide services based on an initial allocation that is appropriate to the financial needs and constraints of the CDC. UFI's Professional Service Rate Schedule is as follows: Managing Principals $195.00 Principals $170.00 Principal Planners $120.00 Senior Planners $ 95.00 Planners $ 85.00 Associate Planners $ 75.00 Assistant Planners $ 65.00 Technicians $ 55.00 Clerical $ 45.00 These rates will remain constant through June 30, 2009 and are subject to change thereafter. Costs for telephone, e-mail and facsimile expenses, postage and incidental photocopying are included within the above noted Professional Service Rate Schedule. The Professional Service Rate Schedule does not include out-of-pocket expenses that may be incurred during the accomplishment of the Scope of Services. Out of pocket expenses include, but are not limited to all other necessary materials, supplies, services, printing, electronic data files, travel, etc. All out-of-pocket expenses shall be charged on an actual cost basis, plus 10% Given that the Scope of Services is opportunity based, it is not possible to quote a specific not to exceed price for services rendered. However, at the same time, UFI is very cognizant of the CDC's need for project and fiscal controls over it consultancy relationships. In that vein, to the extent that the services requested by the CDC will exceed the initial fiscal year authorization level, UFI will request appropriate supplemental budget authority prior to incurring any costs exceeding the then current limit. National City PSA Exhibit A Page 9 KEY STAFF UFI staff is comprised of highly skilled professionals able to handle assignments ranging from site -specific developer negotiations to community wide development strategies, redevelopment plans, grant programs, entitlement processing, financial advisement, affordable housing programs, economic development implementation strategies, continuing disclosure and bond administration. Marshall Linn, Michael Busch, Jennifer Helbock, Eva Wolf, Steve Dukett and Steve Harding represent the key professional staff who will be assigned to work with the CDC on this assignment. An overview of the experience and education of our key staff is provided below. Other staff members will be used as necessary. MARSHALL F. LINN, President Marshall Linn has more than 38 years of municipal and private consulting experience. Over the last 28 years, Mr. Linn has specialized in the preparation and implementation of more than 150 redevelopment plans. As a financial advisor, Mr. Linn has participated in more than 500 bond issues, totaling well over nine billion dollars in tax exempt securities. Mr. Linn holds a Bachelor of Science Degree in Economics and a Master's Degree in Urban Planning, both from the University of Southern California. MICHAEL P. BUSCH, Managing Principal Michael Busch joined Urban Futures in 2007 following a successful career in municipal government. Mr. Busch's municipal career consisted primarily of assistant/deputy city manager, finance, and project manager positions. As such, he has extensive experience in strategic planning, municipal finance, economic development/redevelopment, and project implementation leading to the issue of over $200 million in tax exempt debt offerings and implementation of several redevelopment and infrastructure projects. Mr. Busch has a unique background having served as a planner, finance director, city treasurer, deputy city manager and assistant city manager where he has demonstrated experience in capital improvement plan development, developer negotiations, development agreements, and capital project implementation. Mr. Busch earned a Bachelor of Arts Degree from California State Polytechnic University Pomona in Urban and Regional Planning. He holds a Master of Arts Degree in Public Administration from California State University Long Beach with an emphasis in public finance and public works. He has served as the President of the Municipal Management Association of Southern California (MMASC) and most recently as Chair of Cal-ICMA. National City PSA Exhibit A Page 10 JENNIFER L. HELBOCK, Managing Principal, Continuing Disclosure Jennifer Helbock is the Managing Principal responsible for the Continuing Disclosure program. In that role she not only oversees the Continuing Disclosure program, she is responsible for marketing and business development, compliance issues, financial analysis pertaining to reports and annual reporting compliance. Prior to joining the firm, she was a Vice President for a large health care organization, where she was responsible for the contractual and compliance issues mandated by regulatory agencies. Ms. Helbock has been with Urban Futures, Inc. for over 3 years. Ms. Helbock is a graduate of the University of Southern California, where she earned her Bachelor of Science Degree and Masters Degree in Public Administration. EVA A. WOLF, Principal Eva Wolf conducts research and analysis of financial data for municipal financings structured by Urban Futures. Ms. Wolf researches relevant issues such as tax increment dollar limits, dollar limit on outstanding bonded debt, plan duration limits and performs analysis of statutory pass -through calculations. She provides research and analysis of information, which makes up components of successful bond offerings, such as assessed values, present and historical, secured and unsecured, largest taxpayers, delinquencies and appeals information. Ms. Wolf coordinates with the financing team to ensure adherence to the financing schedule and a timely closing of all bond issues and timely preparation of continuing disclosure reports. Ms. Wolf has been with Urban Futures, Inc. for over 13 years. Ms. Wolf holds a Bachelor of Science Degree from the University of Redlands in Business Management. STEVEN H. DUKETT, Managing Principal Steve Dukett specializes in the planning and implementation of redevelopment, economic development, affordable housing, asset management, public facility, public infrastructure and grant programs. Prior to joining the firm, he served as Redevelopment Director with six southern California cities and held a variety of management and professional positions with the County of Los Angeles and its Community Development Commission. During his 34- year career in the public development arena, Mr. Dukett has been involved with a wide variety of public and private development projects with combined values of approximately $1 billion. He has also guided 14 redevelopment plan adoptions or amendments and is particularly known for his deal making and deal closing skills. Mr. Dukett is a graduate of California State University, Los Angeles. He is a past Chairman of the Board for CALED and is the current Chairman of the Board of Regents National City PSA Exhibit A Page 11 for the California Academy for Economic Development. During 2006 he was selected as the 12th "Golden Bear", which is CALED's highest award for career achievement in local economic development. STEPHEN G. HARDING, Managing Principal Steve Harding has more than thirty two years professional public and private sector experience in municipal management, land -use economics, urban planning and real estate development. He has negotiated and prepared development feasibility studies as well as provided project management services to nearly $3 billion in industrial, commercial and residential projects. He has prepared fiscal impact reports and market based strategic economic development plans for multiple governmental agencies. Steve has also prepared financial feasibility studies pertaining to municipal incorporations, reorganizations and annexations. Previously, he has served as City Manager of the City of Murrieta, Deputy City Manager of the City of Santa Ana and President of the City of San Diego's Southeast Economic Development Corporation. He has served as Vice President of the Larwin Company, a $1 billion development corporation. Steve is an Associate with the Roger C. Hobbs Institute for Real Estate, Law and Environmental Studies at Chapman University and an Adjunct Instructor in the MPA Program at the University of La Verne. Mr. Harding is also a member of the Graduate Dean's List at Cal -State Long Beach where he received his MPA with honors. He is a Past Chairman of the Board of the California Association for Local Economic Development (CALED) and a Past Board Member of the California Municipal Finance Authority (CMFA). National City PSA Exhibit A ao Attachment 2 URBAN FUTURES, INC. We are a full service municipal consulting firm serving local government primarily in the State of California. Since 1972 we have helped many California cities create a sound financial foundation. URBAN FUTURES INCORPORATED STATEMENT OF QUALIFICATIONS TABLE OF CONTENTS 1 QUALIFICATIONS AND EXPERIENCE 2 CURRENT CLIENT REFERENCES 3 PREVIOUS CLIENTS 4 Qualifications and Experience Urban Futures, Inc. (UFI) is a full service municipal consulting firm serving local government primarily in the State of California. The firm was founded in 1972 and has existed in its present form since 1974. It is the largest singularly owned, municipal financial advisor/redevelopment consulting firm in the State. UFI is a closely held California corporation located in the City of Orange, California. The firm employees 37 staff members Since our founding, UFI has served over 150 governmental entities in various capacities. We look forward to sharing this expertise with the City of National City. UFI "brings to the table": • Extensive knowledge of Redevelopment that can only come from assisting in the formation of Agencies, the adoption of project area plans, and amendments; • A team of professionals with a combined 100+ years of municipal financing experience; • Analytic sophistication that fosters a multi -disciplinary approach to problem solving regardless of project size or type; and • Continuity of service; UFI is small enough so that there is never a break in the client/professional network, yet large enough to offer a full range of services. The greatest benefit that we present to the Community Development Commission of the City of National City is that our firm can combine these necessary services into a comprehensive whole. This combination enables our firm to develop a much greater depth of understanding of your community, hence increasing the quality of the advice and service we will provide to the CDC. Urban Futures offers public and private sector clients a wide range of specialized services including financial advisory, planning, redevelopment, implementation and other public financing services including compliance administration of first - time homebuyer and rental programs. Services include: - Financial Advisory Services - Economic Development Services - Project Negotiations Public Finance Services - Continuing Disclosure Services - Planning & Redevelopment/Plan Adoptions - Redevelopment Implementation - Fiscal Consultant Report Preparation - Single / Multifamily Compliance Administration Extensive Planning and Redevelopment Experience: UFI has served as advisor to numerous cities and redevelopment agencies throughout the State. We have provided some of our references and encourage you to contact them regarding the quality of our services. See Exhibit B for list of references. If you consider UFI's proven track record and experience with redevelopment management, economic consulting and history in the field of economic and redevelopment services, you will agree that Urban Futures, Inc. is the best qualified firm to assist the Community Development Commission of the City of National City. Urban Futures has a better understanding of the needs of municipalities than any other firm in the State. 2 as Current Client References Listed below are current clients of UFI: Mark V. Bozigian, City Manager CITY OF LANCASTER 44933 Fern Avenue Lancaster, CA 93534 (661) 723-6133 Enrique Martinez, City Manager CITY OF REDLANDS 35 Cajon Street, Suite 30 Redlands, CA 92373-1505 (909) 798-7510 Joe Hughes, City Manager CITY OF HIGHLAND 27215 E. Baseline Street Highland, CA 92346 (909) 864-8732 2�3 3 Leon Compton, City Manager CITY OF RIPON 259 North Wilma Avenue Ripon, CA 95306 (209) 599-2108 Robb Quincey, City Manager CITY OF UPLAND 460 North Euclid Avenue Upland, CA 91785-0460 (909) 931-4102 Marlene Best, City Manager CITY OF IMPERIAL 420 South Imperial Avenue Imperial, CA 92251 (760) 355-4373 Previous Clients REDEVELOPMENT AGENCIES/CITIES AND INSTITUTIONAL CLIENTS THAT URBAN FUTURES, INC. HAS SERVED (part I) Adelanto Alameda County Anderson Redevelopment Agency Apple Valley Arroyo Grande Artesia Redevelopment Agency Arvin Irrigation District Azusa Bakersfield Baldwin Park Banning Redevelopment Agency Barstow Bell Gardens Belmont Big Bear Lake Big Bear Redevelopment Agency Blythe Blythe Redevelopment Agency Brawley Brawley Redevelopment Agency Brisbane Buena Park Burlingame Calabasas Calexico Calexico Community Redevelopment Agency California Statewide Community Development Authority (CSCDA) Calimesa Calipatria Camarillo Carson Cathedral City Cathedral City Redevelopment Agency Ceres Cerritos Claremont Clovis Coachella Coalinga Colton Colton Joint Powers Authority Colton Redevelopment Agency Commerce Concord Corona Costa Mesa Redevelopment Agency Covina Covina Redevelopment Agency Covina, Rancho Cucamonga, Calexico, Downey Housing Finance Agency Crescent City Cudahy Delano Delano Redevelopment Agency Desert Hot Springs 4 Dinuba Dinuba Redevelopment Agency Downey Duarte Duarte Redevelopment Agency Economic Development Corporation -Southwest Riverside County El Centro El Monte, Downey, San Jacinto Housing Finance Agency Encinitas Escondido, Chula Vista Housing Finance Agency Exeter Farmersville Fillmore Firebaugh Firebaugh Redevelopment Agency Folsom Fort Bragg Fountain Valley Fowler Fresno Fresno County Garden Grove Glendora Gonzales Grand Terrace Greenfield Redevelopment Agency Gridley Redevelopment Agency Hanford Hawaiian Gardens Hesperia Redevelopment Agency Highland Highland Redevelopment Agency Holtville Hughson Huntington Beach Huntington Park Huntington Park Redevelopment Agency Indio Industry Kings County La Veme Lafayette Lancaster Lancaster Housing Authority Lancaster Redevelopment Agency Lawndale Lemoore Lemoore Redevelopment Agency Lindsay Lindsay Redevelopment Agency Livermore Livingston ay REDEVELOPMENT AGENCIES/CITIES AND INSTITUTIONAL CLIENTS THAT URBAN FUTURES, INC. HAS SERVED (part II) Loma Linda Los Angeles County Los Angeles, City Los Angeles, County Los Banos Manhattan Beach Manteca Manteca Redevelopment Agency March Joint Powers Authority (Military Base Reuse) Maywood Mendota Merced Montebello Montebello Oxnard Housing Finance Agency Montebello Redevelopment Agency Monterey Park Moorpark Moorpark Redevelopment Agency Moreno Valley Morgan Hill National City Needles Norco Norco Redevelopment Agency Oceanside Ontario Ontario Local Redevelopment Authority (Military Base Reuse) Ontario Redevelopment Agency Orange Orange County Orange County Redevelopment Agency Oxnard Palmdale Paramount Parlier Pasadena Pasadena Community Development Com. Phoenix, Arizona Pico Rivera Pismo Beach Pittsburg Pomona Pomona Redevelopment Agency Port Hueneme Covina Housing Finance Agency Porterville Rancho Cucamonga Rancho Palos Verdes Redlands Redlands Redevelopment Agency Redondo Beach Reedley Rialto Rio Vista Rio Vista Redevelopment Agency Ripon Riverside County 5 as Rocklin Rosemead Sacramento County San Bernardino San Bernardino County San Buenaventura San Buenaventura Covina Housing Finance Agency San Diego County San Diego County Housing Authority San Diego, City San Dimas San Fernando San Francisco San Jacinto San Juan Capistrano San Juan Capistrano Redevelopment Agency San Leandro San Luis Obispo, City San Luis Obispo, County San Marcos Santa Ana Santa Paula Sauison City Seaside Shasta Utility District Simi Valley Solana Beach South El Monte Southern California Home Financing Authority (SCHAFA) Stanislaus County Stanton Stanton Redevelopment Agency Susanville Taft Temple City Thousand Oaks Union City University of La Veme Upland Upland Redevelopment Agency Vallejo Ventura Victor Valley Economic Development Authority (Military Base Reuse) Victorville Vista Walnut Walnut Improvement Agency Wasco West Covina Westminster Westminster Redevelopment Agency Winters Redevelopment Agency Winton Winton Irrigation District L City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE August 19, 2008 AGENDA ITEM NO. 20 ITEM TITLE A resolution approving the Section 8 Management Assessment Program (SEMAP) for Fiscal Year ending June 30, 2008 and authorizing the submittal of the SEMAP to the U.S. Department of Housing and Urban Development. PREPARED BY ,\, Hermi Oliveria VY Housing Programs Manager (619) 336-4259 EXPLANATION Refer to Staff Recommendation Below. Environmental Review X N/A Financial Statement N/A DEPARTMENT CDC - Section 8 Rental Assistance Division STAFF RECOMMENDATION 1. ADOPT Resolution approving the Section 8 Management Assessment Program (SEMAP); and 2. AUTHORIZE the submittal of the SEMAP to the U.S. Department of Housing and Urban Development. BOARD / COMMISSION RECOMMENDATION Not applicable. ATTACHMENTS 1. BACKGROUND REPORT 2. RESOLUTION 3. SEMAP REPORT Resolution No. A-200 (9/80) Community Development Commission Of the City of National City August 19, 2008 AGENDA ITEM NO. Background Report: On September 10, 1998, the U.S. Department of Housing and Urban Development (HUD) published its final rule for the Section 8 Management Assessment Program (SEMAP), which took effect on October 13, 1998. SEMAP provides for the objective measurement of the performance of a public housing agency (PHA) in key areas of the Section 8 tenant based assistance program. SEMAP enables HUD to ensure program integrity and accountability identifying PHA management capabilities and deficiencies and by improving risk assessment to effectively target monitoring and program assistance. PHAs' can use SEMAP performance analysis to assess their own program operations. The SEMAP Indicators Report provides information on families participating in the Section 8 Housing Choice Voucher Program. The report is one of the several inputs used to derive a score and rating for PHAs as it relates to SEMAP certification. The SEMAP requires a PHA who administers Section 8 tenant -based assistance programs to submit annually a SEMAP certification form. On July 10, 2008 the Community Development Commission of National City (CDC) submitted its SEMAP certification report to HUD. The Section 8 Rental Assistance Program has a current lease -up rate of 98%. With National City's population of 63,000, there are 1,074 low-income families that are currently receiving rental assistance through the program and 2,421 waiting to be assisted. Housing staff continues to conduct initial eligibility determination to replace program's attrition. To be eligible to the program, an applicant must either reside or work in the jurisdiction of the City Of National City and be a very low-income household. In addition, applicants that are elderly, disabled, or families with dependent children are given a higher priority in the waiting list. Below is the breakdown of participants and applicants to the program as of July 1, 2008: RACE PARTICIPANTS APPLICANTS White 886 1851 Black/African American 81 231 American Indian / Alaska Native 5 13 Asian 97 284 Native Hawaiian / other Pacific Islander 5 42 TOTAL 1074 2421 ETHNICITY PARTICIPANTS APPLICANTS Hispanic 802 1690 Non Hispanic 272 731 TOTAL 1074 2421 Elderly 410 517 Disabled 226 650 Families with Children 438 1254 TOTAL 1074 2421 2 RESOLUTION NO. 2008 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APPROVING THE SECTION 8 MANAGEMENT ASSESSMENT PROGRAM (SEMAP) FOR FISCAL YEAR ENDING JUNE 30, 2008; AND AUTHORIZING THE EXECUTIVE DIRECTOR TO SUBMIT THE ANNUAL SEMAP TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WHEREAS, on September 10, 1998, the U.S. Department of Housing and Urban Development (HUD) published its final rule for the Section 8 Management Assessment Program (SEMAP) which took effect on October 13, 1998; and, WHEREAS, SEMAP provides for the objective measurement of the performance of a Public Housing Agency (PHA) in key areas of the Section 8 tenant -based rental assistance program; and WHEREAS, the SEMAP requires a Public Housing Agency (PHA) who administers Section 8 Tenant -based rental assistance programs to submit annually a SEMAP certification form. NOW, THEREFORE, BE IT RESOLVED THAT the Community Development Commission Board hereby approves the Section 8 Management Assessment Program (SEMAP); and authorizes the Executive Director to submit the SEMAP certification form to the U.S. Department of Housing and Urban Development. PASSED and ADOPTED this 19th day of August, 2008. ATTEST: Bradford Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III City -CDC Attomey Ron Morrison, Chairman 3 3rivltir eruia auull rage I Oi .. LOGOFF HUD HOME PIH HOME Q ! A SEARCH I INDEX E-MAIL WASS MAIN Reports Submission List Summary Certification Profile Comments -, Field Office: 9DPH LOS ANGELES HUB OFFICE Hermi Oliveria Housing Agency: CA116 National City (M98564) PIC Home PHA Fiscal Year End: 6130/2008 WASS Main PIC Main Logoff OMB Approval No. 2577-0215 SEMAP SEMAP CERTIFICATION (Page 1) Public reporting burden for this collection of information is estimated to average 12 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information.This agency may not conduct or sponsor, and you are not required to respond to, a collection of information unless it displays a currently valid OMB control number. This collection of information is required by 24 CFR sec 985.101 which requires a Public Housing Agency (PHA) administering a Section 8 tenant -based assistance program to submit an annual SEMAP Certification within 60 days after the end of its fiscal year. The information from the PHA concerns the performance of the PHA and provides assurance that there is no evidence of seriously deficient performance. HUD uses the information and other data to assess PHA management capabilities and deficiencies, and to assign an overall performance rating to the PHA. Responses are mandatory and the information collected does not lend itself to confidentiality. Check here if the PHA expends less than $300,000 a year in federal awards r Indicators 1 - 7 will not be rated if the PHA expends Tess than $300,000 a year in Federal awards and its Section 8 programs are not audited for compliance with regulations by an independent auditor. A PHA that expends less than $300,000 in Federal awards in a year must still complete the certification for these indicators. Performance Indicators 1 Selection from Waiting List (24 CFR 982.54(d)(1) and 982.204(a)) a. The HA has written policies in its administrative plan for selecting applicants from the waiting list. PHA Response Yes b. The PHA's quality control samples of applicants reaching the top of the waiting list and admissions show that at least 98% of the families in the samples were selected from the waiting list for admission in accordance with the PHA's policies and met the selection criteria that determined their places on the waiting list and their order of selection. PHA Response Yes 2 Reasonable Rent (24 CFR 982.4, 982.54(d)(15), 982.158(f)(7) and 982.507) a. The PHA has and implements a reasonable written method to determine and document for each unit leased that the rent to owner is reasonable based on current rents for comparable unassisted units (i) at the time of initial leasing, (ii) before any increase in the rent to owner, and (iii) at the HAP contract anniversary if there is a 5 percent decrease in the published FMR in effect 60 days before the HAP contract anniversary. The PHA's method takes into consideration the location, size, type, quality, and age of the program unit and of similar unassisted units and any amenities, housing services, maintenance or utilities provided by the H https://pic.hud.gov/pic/semap/smpassessmentCertification.asp 7/17/2008 SEMAY Certification Page 2 of 3 owners. PHA Response Yes b. The PHA's quality control sample of tenant files for which a determination of reasonable rent was required to show that the PHA followed its written method to determine reasonable rent and documented its determination that the rent to owner is reasonable as required for (check one): PHA Response At least 98% of units sampled 3 Determination of Adjusted Income (24 CFR part 5, subpart F and 24 CFR 982.516) The PHA's quality control sample of tenant files show that at the time of admission and reexamination, the PHA properly obtained third party verification of adjusted income or documented why third party verification was not available; used the verified information in determining adjusted income; properly attributed allowances for expenses; and, where the family is responsible for utilities under the lease, the PHA used the appropriate utility allowances for the unit leased in determining the gross rent for (check one): PHA Response At least 90% of files sampled 4 Utility Allowance Schedule (24 CFR 982.517) The PHA maintains an up-to-date utility schedule. The PHA reviewed utility rate data that it obtained within the last 12 months, and adjusted its utility allowance schedule if there has been a change of 10% or more in a utility rate since the last time the utility allowance schedule was revised. PHA Response Yes 5 HQS Quality Control (24 CFR 982A05(b)) The PHA supervisor (or other qualified person) reinspected a sample of units during the PHA fiscal year, which met the minimum sample size required by HUD (see 24 CFR 985.2), for quality control of HQS inspections. The PHA supervisor's reinspected sample was drawn from recently completed HQS inspections and represents a cross section of neighborhoods and the work of cross section of inspectors. PHA Response Yes 6 HQS Enforcement (24 CFR 982A04) The PHA's quality control sample of case files with failed HQS inspections shows that, for all cases sampled, any cited life -threatening HQS deficiencies were corrected within 24 hours from the inspection and, all other cited HQS deficiencies were corrected within no more than 30 calendar days from the inspection or any PHA -approved extension, or, if HQS deficiencies were not corrected within the required time frame, the PHA stopped housing assistance payments beginning no later than the first of the month following the correction period, or took prompt and vigorous action to enforce the family obligations for (check one): PHA Response At least 98% of cases sampled 7 Expanding Housing Opportunities. (24 CFR 982.54(d)(5), 982.153(b)(3) and (b)(4), 982.301(a) and 983.301(b)(4) and (b)(12)) Applies only to PHAs with jurisdiction in metropolitan FMR areas Check here if not applicable r s https://pic.hud.gov/pic/semap/smpassessmentCertification.asp 7/17/2008 StMAY uertitication Page .i of i a. The PHA has a written policy to encourage participation by owners of units outside areas of poverty or minority concentration which clearly delineates areas in its jurisdiction that the PHA considers areas of poverty or minority concentration, and which includes actions the PHA will take to encourage owner participation. PHA Response Not Applicable b. The PHA has documentation that shows that it took actions indicated in its written policy to encourage participation by owners outside areas of poverty and minority concentration. PHA Response Not Applicable c. The PHA has prepared maps that show various areas, both within and neighboring its jurisdiction, with housing opportunities outside areas of poverty and minority concentration; the PHA has assembled information about job opportunities, schools and services in these areas; and the PHA uses the maps and related information when briefing voucher holders. PHA Response Not Applicable d. The PHA's information packet for certificate and voucher holders contains either a list of owners who are willing to lease, or properties available for lease, under the voucher program, or a list of other organizations that will help families find units and the list includes properties or organizations that operate outside areas of poverty or minority concentration. PHA Response Not Applicable e. The PHA's information packet includes an explanation of how portability works and includes a list of neighboring PHAs with the name, address and telephone number of a portability contact person at each. PHA Response Not Applicable f. The PHA has analyzed whether voucher holders have experienced difficulties in finding housing outside areas of poverty or minority concentration and, where such difficulties were found, the PHA has considered whether it is appropriate to seek approval of exception payment standard amounts in any part of its jurisdiction and has sought HUD approval when necessary. PHA Response Not Applicable Page 1 of 2 Go to Comments G• https://pic.hud.gov/pic/semap/smpassessmentCertification.asp 7/17/2008 SEMAP Certification ?age 1 of 3 LOGOFF HUD HOME PIH HOME Q & A SEARCH I INDEX E-MAIL WASS MAIN Reports Submission List Summary Certification Profile Comments Field Office: 9DPH LOS ANGELES HUB OFFICE Hermi Oliveria Housing Agency: CA116 National City (M98564) 1 PHA Fiscal Year End: 6/30/2008 PIC Home WASS Main PIC Main Logoff SEMAP CERTIFICATION (Page 2) SEMAP Performance Indicators 8 Payment Standards(24 CFR 982.503) The PHA has adopted current payment standards for the voucher program by unit size for each FMR area in the PHA jurisdiction and, if applicable, for each PHA -designated part of an FMR area, which do not exceed 110 percent of the current applicable FMR and which are not less than 90 percent of the current FMR (unless a lower percent is approved by HUD). (24 CFR 982.503) PHA Response Yes FMR Area Name San Diego -Carlsbad -San Marcos FMR 1 of 1 Enter current FMRs and payment standards (PS) 0-BR FMR 978 1-BR FMR 1117 2-BR FMR 1355 3-BR FMR 1976 4-BR FMR 2382 PS 881 PS 1006 PS 1220 PS 1779 PS 2144 If the PHA has jurisdiction in more than one FMR area, and/or if the PHA has established separate payment standards for a PHA -designated part of an FMR area, add similar FMR and payment standard comparisions for each FMR area and designated area. 9 Timely Annual Reexaminations(24 CFR 5.617) The PHA completes a reexamination for each participating family at least every 12 months.(24 CFR 5.617) PHA Response Yes 10 Correct Tenant Rent Calculations(24 CFR 982, Subpart K) The PHA correctly calculates tenant rent in the rental certificate program and the family rent to owner in the rental voucher program (24 CFR 982,Subpart K) PHA Response Yes 11 Pre -Contract HQS tnspections(24 CFR 982.305) Each newly leased unit passes HQS inspection before the beginning date of the assisted lease and HAP contract.(24 CFR 982.305) PHA Response Yes 12 Annual HQS Inspections(24 CFR 982A05(a)) The PHA inspects each unit under contract at least annually (24 CFR 982.405(a)) PHA Response Yes 13 Lease -Up The PHA executes assistance contracts on behalf of eligible families for the number of units that has been under budget for at least one year. The PHA executes assistance contracts on behalf of eligible families for the number of units that has been under budget for at least one year PHA Response Yes 9 https://pic.hud.gov/pic/semap/smpassessmentcertificationcontd.asp 7/17/2008 StMar Cernncauon rage 2or.3 14 Family Self -Sufficiency (24 CFR 984.105 and 984.305) 14a.Family Self -Sufficiency Enrollment. The PHA has enrolled families in FSS as required. Applies only to PHAs required to administer an FSS program. Check here if not applicable P a. Number of mandatory FSS slots (Count units funded under the FY 1992 FSS incentive awards and in FY 1993 and later through 10/20/1998. Exclude units funded in connection with Section 8 and Section 23 project -based contract terminations; public housing demolition, disposition and replacement HUD multifamily property sales; prepaid or terminated mortgages under section 236 or section 221(d)(3); and Section 8 renewal funding. Subtract the number of families that successfully completed their contracts on or after 10/21/1998.) Or, Number of mandatory FSS slots under HUD -approved exception (If not applicable, leave blank) b. Number of FSS families currently enrolled c. Portability: If you are the initial PHA, enter the number of families currently enrolled in your FSS program, but who have moved under portability and whose Section 8 assistance is administered by another PHA Percent of FSS slots filled (b+c divided by a) (This is a nonenterable field. The system will calculate the percent when the user saves the page) 14b. Percent of FSS Participants with Escrow Account Balances.The PHA has made progress in supporting family self-sufficiency as measured by the percent of currently enrolled FSS families with escrow account balances.(24 CFR 984.305) Applies only to PHAs required to administer an FSS program Check here if not applicable PHA Response NA Portability: If you are the initial PHA, enter the number of families with FSS escrow accounts currently enrolled in your FSS program, but who have moved under portability and whose Section 8 assistance is administered by another PHA 15 Deconcentration Bonus The PHA is submitting with this certification data which show that : Not Applicable Not Applicable Not Applicable Not Applicable Not Applicable Not Applicable (1) Half or more of all Section 8 families with children assisted by the PHA in its principal operating area resided in low poverty census tracts at the end of the last PHA FY; (2) The percent of Section 8 mover families with children who moved to low poverty census tracts in the PHA's principal operating area during the last PHA FY is atleast two percentage points higher than the percent of all Section 8 families with children who resided in low poverty census tracts at the end of the last PHA FY; or (3) The percent of Section 8 mover families with children who moved to low poverty census tracts in the PHA's principal operating area over the last two PHA FY is at least two percentage points higher than the percent of all Section 8 families with children who resided in low poverty census tracts at the end of the second to last PHA FY. https://pic.hud.gov/pic/semap/smpassessmentcertificationcontd.asp 7/17/2008 SEMAY Certification Page 3 of 3 PHA Response No Go to Comments Back to Pagel https://pic.hud.gov/pic/semap/smpassessmentcertificationcontd.asp 7/17/2008 RESOLUTION NO. 2008 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APPROVING THE SECTION 8 MANAGEMENT ASSESSMENT PROGRAM (SEMAP) FOR FISCAL YEAR ENDING JUNE 30, 2008, AND AUTHORIZING THE EXECUTIVE DIRECTOR TO SUBMIT THE ANNUAL SEMAP TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WHEREAS, on September 10, 1998, the U.S. Department of Housing and Urban Development (HUD) published its final rule for the Section 8 Management Assessment Program (SEMAP), which took effect on October 13, 1998; and WHEREAS, SEMAP provides for the objective measurement of the performance of a Public Housing Agency (PHA) in key areas of the Section 8 tenant -based rental assistance program; and WHEREAS, the SEMAP requires a Public Housing Agency (PHA) who administers Section 8 Tenant -based rental assistance programs to submit annually a SEMAP certification form. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby approves the Section 8 Management Assessment Program (SEMAP), and authorizes the Executive Director to submit the SEMAP certification form to the U.S. Department of Housing and Urban Development. PASSED and ADOPTED this 19th day of August, 2008. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE August 19, 2008 AGENDA ITEM NO. 21 ITEM TITLE RESOLUTION OF THE COMMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APPROVING USE OF $1,597,534 FOR A BRIDGE LOAN UTILIZING TAX INCREMENT HOUSING SET -ASIDE FUNDS FOR THE CASA FAMILIAR, INCORPORATED ACQUISITION AND REHABILITATION PROJECT PREPARED BY DEPARTMENT Alfredo Ybarra (Ext. 427 Housing and Grants Division EXPLANATION This action would authorize the allocation of $1,597,534 in Low and Moderate Income Housing Funds (LMHF) for a bridge loan to acquire two (2) properties located at 1101-1119 E Avenue and 1111 D Avenue. LMHF will be used to complete the acquisition of the properties by Casa Familiar, Incorporated. The project must close escrow by September 4, 2008, to avoid additional acquisition expenses to the developer. On April 1, 2008, the City Council approved $182,466 (Resolution 2008-79) in HOME Investment Partnership Program funds during the 2008 CDBG/HOME application process. Along with $1,780,000 from the CDC, Casa Familiar will be utilizing private activity bonds ($1,016,000), charitable contributions ($250,000), deferred developer fee ($95,908), and $57,000 in other equity as the sources of financing for the property purchases and substantial rehabilitation. The total acquisition and rehabilitation costs are $3,198,908. Environmental Review N/A Approved By: Financial Statement finance Director Funds were not budgeted, but are available in undesignated fund balance (522-445-462-450-9024) Account No. STAFF RECOMMENDATION 1. Appropriate $1,597,534 in undesignated fund balance from the Low and Moderate Income Housing Fund. 2. Adopt Resolution BOARD 1 COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. LResolution A-200 (9/99) BACKGROUND In February of 2008, the City received a request from Casa Familiar, Incorporated (CASA) for $1,780,000 in financial assistance for the acquisition and rehabilitation of a scattered site project consisting of two properties located at 1111 D Avenue consisting of eight — two (2) bedrooms, 1-bath units; and 1101-1119 E Avenue consisting of ten — one (1) bedroom, one (1) bath units. The properties are in close proximity to one another in a mixed single and multifamily neighborhood. The 10 unit — E Avenue property was built in 1948 and the 8 unit — D Avenue property was built in 1958. On April 1, 2008, the City Council approved $182,466 in HOME Investment Partnership Program funds for the acquisition and rehabilitation of the properties. Therefore, the total existing financial gap remains at $1,597,534. Financing This action recommends approval of the use of $1,597,534 in Low Moderate Tax Increment Housing Funds (LMHF) to Casa Familiar, Incorporated for bridge financing to acquire both properties. The bridge loan is necessary to avoid additional acquisition expenses to the developer. The $1,597,534 will be provided as a bridge loan for the acquisition phase of this project until the supplemental CDBG/HOME allocation process is completed later this year. Should the HOME funds not be approved, the LMHF will remain in the project and convert to a permanent financing loan. Along with $1,780,000 from the CDC, Casa Familiar will be utilizing private activity bonds ($1,016,000), charitable contributions ($250,000), deferred developer fee ($95,908), and $57,000 in other equity as the sources of financing for the property purchases and substantial rehabilitation. The total acquisition and rehabilitation costs are $3,198,908. The $1,597,534 loan of LMHF funds to Casa Familiar shall be a three (3%) percent simple interest deferred payment loan payable in full one (1) year from the date Casa Familiar acquires the properties. In the event that HOME funds are available to the CDC after the supplemental CDBG/HOME allocation process is completed later this year, the CDC desires to provide permanent financing to the project in the form of a loan of HOME funds in the amount of $1,597,534. The proposed terms of the permanent financing HOME loan would be three (3%) percent simple interest, deferred for 3 years, with residual receipt payments (50% of cash flow) beginning on the 37th month after construction completion. Any unpaid balance would be due at the end of the 55 year term. The foregoing is subject to the sole discretionary approval rights of the CDC Board and is not binding on the CDC. The CDC is required by law to bring any such proposed permanent financing loan back to the board for discretionary approval and reserves the right to change any or all of the foregoing terms and the right to decide not to provide permanent financing to the project. The following reflects the current sources and uses for the interim and permanent financing of the project. Total CostsleCt Initial Closing Contruc�tion From Cashflow SOURCES OF FUNDS 1,016,000 1,016,000 Permanent Bond /Loan: RDA Bridge Loan Funds 1,597,534 1,060,000 537,534 CDC HOME Funds 182,4661 182,466 Charitable Contribution 250,000 250,000 Construction Period Income: 57,000 57,000 Deferred Developer Fee: TOTAL SOURCES: USES OF FUNDS 95,90/3 95,908 3,198,90a 1,850,0001 2,326,000 1,850,000 777,000 95,908 Purchase Price: Capital Improvement Budget: 641,000 641,000 Relocation Costs: 45,000 15,000 30,000 Construction Period Interest: 55,880 13,360 42,520 Loan/RE Fees: 0 Bond Issuance Costs: 80,61d 80,610 Tax -Credit Issuance Costs: 3,000 3,000 Initial Impounds and Reserves: 48,594 48,590 Due Diligence & Closing Costs: 82,050 82,050 Financial Structuring Fee 40,000 40,000 Syndication/Bond Consulting 30,00G 30,0001 Soft Contingency: 10,000 10,000 Developer Fee: 312,77 156,390 60,480 95,908 TOTAL USES: 3,198,904 2,326,0001 777,000 95,908 Restrictions In exchange for the requested city financing, Casa Familiar would improve and rehabilitate 18 units for low-income families, with rents for 5 units (three-1 bedroom and two - 2 bedroom) at 50 percent of the area median income (AMI) and 13 units (seven - 1 bedrooms and six - 2 bedroom) at 60 percent of the AMI. The project will remain affordable for 55 years from completion of the rehabilitation. rd Rehabilitation Ultimately, a total of $641,000 will be allocated for substantial rehabilitation with an estimated hard cost of $35,611 per unit. Funds will be used for the rehabilitation of individual unit interiors, exterior building exteriors, and enlargement of one bedroom units. The D Avenue property will include remodeled baths, kitchen upgrades, flooring, painting, electric improvements, improved energy efficiency, life/safety improvements, selected appliance replacement, heater repair or replacement, exterior paint and stucco repairs, termite treatment and fascia repair, guttering, fencing, exterior walkway repairs, trash enclosure repair, roofing repairs, and landscape improvements. Significant improvements will be made to the D Street building elevation and landscape improvements so as to improve the streetscape view of the property. The E Avenue property rehabilitation will include a redesigned parking area, under - grounding of building utilities, expand unit size with area additions to each unit, new roof design with pitched roofs, new kitchens, remodeled baths, new flooring, new appliances, interior and exterior paint, electric improvements, high efficiency water heating, improved energy efficiency, a new laundry facility and storage area, enhanced landscaping, new trash enclosure, individual utility metering. Significant improvements will be made to the E Street building elevation and landscape improvements so as to improve the streetscape view of the property. Approval of this recommendation by the Commission will allow staff to proceed with Casa Familiar's acquisition of the property, including the execution of all LMHF loan documents. 3 RESOLUTION NO. 2008 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APPROVING UP TO $1,597,534 FOR A BRIDGE LOAN UTILIZING LOW MODERATE TAX INCREMENT HOUSING SET -ASIDE FUNDS FOR THE CASA FAMILIAR, INCORPORATED ACQUISITION AND REHABILITATION PROJECT WHEREAS, the City of National City has a great need for affordable housing, and has established the rehabilitation of the City's housing stock as a priority; and WHEREAS, the Community Development Commission of National City ("CDC") desires to support an affordable housing project, and WHEREAS, Casa Familiar, Incorporated is a nonprofit public benefit corporation under the provisions of the Internal Revenue Code Section 501(c)(3); and WHEREAS, Casa Familiar intends to acquire and rehabilitate the properties located at 1111 "D" Avenue consisting of eight, two (2) bedroom, one (1) bath, units; and 1101- 1119 "E" Avenue consisting of ten, one (1) bedroom, one (1) bath, units; and WHEREAS, on April 1, 2008, the City approved a loan for$182,466 to Casa Familiar, Incorporated of HOME Investment Partnership Program Funds to assist in this acquisition and rehabilitation project; and WHEREAS, on July 1, 2008, the City adopted Resolution 2008-133, which approved the issuance of multifamily revenue bonds to partially fund the project; and WHEREAS, Casa Familiar, Incorporated has applied for additional financing from the CDC, and it has been proposed that said additional funding be provided through a CDC bridge loan in an amount not to exceed $1,597,534. NOW, THEREFORE, BE IT RESOLVED by the Community Development Commission of the City Of National City, as follows: Section 1. The CDC hereby approves the bridge financing through a Community Development Commission loan in an amount not to exceed $1,597,534 to assist in the acquisition and rehabilitation of the properties located at 1111 D Avenue and 1101-1119 E Avenue, National City. Section 2. The bridge loan shall be made to the project from the CDC Low Moderate Tax Increment Housing Fund. Section 3. The bridge loan shall be made for a period of one (1) year with no payments at three percent simple interest. Section 4. Prior to repayment of the bridge loan, the Executive Director is hereby authorized, in the Executive Director's sole discretion, to cause this matter to be brought back to the CDC in order that the CDC may decide to make a Tong -term permanent financing loan to pay-off the bridge loan, on substantially the same terms as the bridge loan, utilizing HOME Investment Partnership Program Funds and/or City of National City Low Moderate Tax Increment Housing Funds. Resolution No. 2008 — August 19, 2008 Page 2 Section 5. The Executive Director is hereby authorized and directed to sign any necessary documents for the financing of the project, including loan agreements, amendments, deeds and subordination agreements. PASSED and ADOPTED this 19th day of August, 2008. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE August 19, 2008 AGENDA ITEM NO. 22 ITEM TITLE A resolution approving a lease of the first floor of the historic Kimball House to the National City Historical Society for a period of 15 years and accepting ownership of the historic Granger Music Hall. PREPARED BY Patricia Beard (ext 4255) Redevelopment Manager DEPARTMENT Redevelopment Division EXPLANATION: The CDC owns a small number of historic properties such as the Stein Farm, Santa Fe Depot and Frank Kimball house in order to help preserve and leverage the rich history of National City to enhance the economic, cultural and social wellbeing of the redevelopment project area and community. In order to further meet these goals and increase the public use of these historic treasures, the CDC has often leased such facilities to local non-profit organizations to manage and hold open to the public. Staff proposes leasing the first floor of the Kimball House to the National City Historical Society to operate as a museum and hold open to the public and to acquire the Granger Music Hall, currently located at 1615 East Fourth Street from the Historic Society. A summary of the proposed lease terms are included on the attached Background Report. } Environmental Review Not applicable. Financial Statement Up to $5,000 in improvements will initially be made to Kimball House to improve public viewing opportunities. An additional $5,000 per year will be provided to the Historical Society for marketing and other materials to enhance the publics knowledge and awareness of the facility. The Granger Music Hall is in need of extensive repairs. Please see attached Background Report and Inspection Report. Account No STAFF RECOMMENDATION Adopt the resolution. BOARD / COMMISSION RECOMMENDATION Not applicable. STRATEGIC GOAL 1 e) Partner with community groups; 7b) invest in aging public facilities; 8a) cultivate a plan for City -owned historic and cultural properties. 1 ATTACHMENTS 1. Background Report 2. Granger Hall inspection report 3. Proposed lease Resolution No. ATTACHMENT 1 BACKGROUND REPORT Kimball House lease terms summary: • 15 year lease; can be terminated by CDC after 10 years with 180 days' written notice. • First floor only — Historical Society and public may not access second floor. • To be held open for public viewing, at minimum, from 11 a.m. — 1 p.m. on Saturdays and Sundays. A sign listing hours for public viewing will be posted easily visible to the public. • CDC to spend up to $5,000 to construct and install room partitions to facilitate public viewing while preserving historic artifacts. • Major repairs to remain the responsibility of the CDC. Note: staff is currently soliciting bids to replace the roof, exterior stairs and to repair a window on the premises. • Historical Society to perform minor repairs and comply with public bidding requirements for such repairs. • Historical Society to provide ongoing maintenance to interior. • CDC to pay for utilities, telephone, security, trash pickup. • CDC to pay any possessory interest tax • Historical Society to provide insurance and indemnification to CDC. • Structure to be preserved with no alterations to its exterior or interior permanent features or historic attributes. • Kimball House may not be sublet. Granger Hall acquisition terms: • Acquisition of Granger Hall and all accessory buildings by Bill of Sale. • Includes the entire contents including pianos and antique buffet except folding chairs and tables, which will remain the property of the Historical Society. • Grants the Historical Society the use of 100 square feet within Granger Hall or accessory buildings for continued storage of tables and chairs and other portable belonging of the Society. • Grants the Historical Society the opportunity to reserve Granger Hall, free of charge, for exclusive events for twelve (12) days each year. • CDC accepts Granger Hall "as is".* *Condition of Granger Hall: Granger Hall is in need of extensive repairs including a new roof, new wood siding and extensive electrical repairs. Staff is currently retaining civil and structural engineers and well as a professional historic preservationist to assist in creating a comprehensive plan to properly re -restore and showcase this unique facility and to use it to leverage other community cultural resources. Staff is studying various funding/financing opportunities related to this upcoming comprehensive plan. Acquisition of Granger Hall should be considered the first step in a potential long term public project. Please see attached Inspection report. Historical significance: Granger Hall: Ralph Granger struck it rich in the silver mines of Colorado in the 1890's and located his family on an estate in Paradise Valley (8th Street). His love of violins led to his purchase of a large and expensive string collection. In 1898 he hired San Diego architect Irving Gill to build a private music hall for him near his house. Saved from demolition, Granger Music Hall was moved to its present site. In an effort spearheaded by the National City Historical Society, it was restored by the citizens of National City in the 1970's. Painted its original colors, it is now listed on the National Register of Historic Places. The interior features a 75-foot hand - painted mural on the ceiling portraying the Muses Euterpe and Erato, surrounded by cherubs. Due to the way the building was constructed, no wall is exactly parallel, so a microphone is not needed. Sound travels from one end of the hall to the other without distortion. Kimball House: Built in 1868, this home was built by a founder of National City — Frank Kimball. Three Kimball Brothers had relocated to southern California for the climate, acquiring the El Rancho de la Nacion in 1868 for agriculture and development. They advertised National City to buyers in the east as the most healthful climate on earth. The house boasted of being the first modern house in San Diego. It had a bath tub and hot running water. The house was acquired by the CDC and relocated near Brick Row in Heritage Square in the 1980's. Attachment 2 Strai:ht Line Genera! Contractors, Inc. Lie, # 760964 Proposal / Estimate for Granger Music Hall Inclusions: Preparation of Building I. Demo and removal of existing duct work (under bldg) $ 5,850.00 2. Safe off of existing electrical $ 4,000.00 3. Cap and prep of plumbing $ 5,000.00 4. installation of stabilizing walls $ 24,500.00 5. Site demolition of the following: $ 36,775.00 a. Demolish AC parking area (@ 15,600 sq/ft) b. Demolish trash enclosure c. Demolish fireplace, trees/bushes for bldg move d. Demolish concrete and brick patio areas e. Demolish sidewalks and fountain as directed f. Demolish bathroom in its entirety g. Demolish all bldg footings upon completion of move h. Haul all debris to a legal landfill i. Demolish existing chimney Inclusions: Move Building I. Hansen's crew will cut building into two, move to South Bay Boat yard and load onto barge. Barge will haul building to 24`h Street terminal and crane will unload building. Crew will then move building to owners' lot and set on installed foundation. Owner to get permission to unload building at 24`h Street terminal. Owner to pay all over head wire crews, SDG&E, Phone, Cable, Trolley lines, and signal lights. Owner to trim all trees on route and pay for all crane work. Hansen estimates the crane work to be between $20 - $40 k (That cost is not included in our proposal). Inclusions: Place Building 1. Scarify and compact building pad (5' envelop 2' deep) 2. Brush down entire site (20,000 sq/ft max) 3. Dig and place foundation (2'x2') 4. Tie in Electrical (50' max) 5. Tie in Plumbing (50' max) 6. New ADA ramp & rail (40' max) 7. New Stairs (to match existing stairs) 8. New Duct work (under bldg) 9. install new chimney $270,652.00 $ 6,500.00 $ 5,200.00 $ 36,000.00 $ 4,200.00 $ 7,500.00 $ 9,200.00 $ 7,800.00 $ 6,200.00 $ 23,775.00 4747 Oceanside Blvd, Suite C Oceanside, CA. 92056 a (760) 630- 7112 Office a (760) 630-7662 Fax 3 Strati ht Line amp General Contractors, Inc. # 760964 Exclusions and Qualifications: 1. Quote is for all work shown herein and was discussed in jobsite walk 2. Owner understands that building is over 100 years old and may not be suitable for movement. SLGC, Inc. and Hansen cannot be held liable for any damage to building unless caused by our negligence. 3. Owner responsible for any site improvements at new location. 4. Owner responsible for bringing utilities to within 50' of new foundation 5. Owner responsible for all permits and fees 6. Owner responsible for all inspections required and all fees for said inspections 7. Owner to get permission to unload building at 24`h street terminal 8, Owner to pay all over head wire crews, SDG&E, Phone, Cable, Trolley lines, and signal lights 9. Owner to trim all trees on route and pay for all crane work 10. New foundation quote based on 2'x2' with # 4 bar 24" o.c. each way 11. Quote based on work being completed during dry season. No mud mitigation included. 12. Overtime (work to be done during normal hours) 13. Quote based on Prevailing Wage Rates Preparation of Building Move Building Place Building Supervision / Coordination Subtotal Profit and Overhead (15%) Total $ 76,125.00 $ 270,652.00 $ I06,375.00 $ 12,500.00 $ 465,652.00 $ 69,848.00 $ 535,500.00 4747 Oceanside Blvd., Suite C Oceanside; CA. 92056 ❑ (760) 630-7112 Office c (760) 630-7662 Fax M Attachment 3 LEASE BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY (LESSOR) AND THE NATIONAL CITY HISTORICAL SOCIETY (LESSEE); AND AGREEMENT BY AND BETWEEN THE LESSOR, THE LESSEE, AND THE CITY OF NATIONAL CITY FOR THE TRANSFER OF THE LESSEE'S INTEREST IN A HISTORIC STRUCTURE TO THE LESSOR, AND FOR THE CONVEYANCE OF THE LESSEE'S PRIOR LEASEHOLD INTEREST TO THE CITY This Lease is made and entered into this 19th day of August, 2008, by and between the Community Development Commission of the City of National City ("CDC"), hereinafter designated as "Lessor," the City of National City, hereinafter designated as "City", and the National City Historical Society, hereinafter designated as "Lessee." RECITALS A. Lessee is desirous of leasing from Lessor, and Lessor is desirous of leasing to Lessee, the first floor of the historic residential structure located at 923 A Avenue, National City, California, as more fully described below and hereinafter referred to as the "Leased Premises". The residential structure in which the Leased Premises are located is known as the Frank Kimball House. B. Lessee is the owner of a certain historic structure, commonly known as the Granger Hall, which is Located at 1615 East 4th Street, National City, California. The land on which the Granger Hall is located is owned by City and leased to Lessee, pursuant to what is sometimes referred to herein as the "Granger Hall Lease". Lessee is willing to terminate the Granger Hall Lease concurrently with the execution of this Lease, and to convey to City all of its right, title, and interest in the real property located at 1615 East 4th Street, including the Granger Hall Lease. Lessee is further willing to transfer all of its right, title, and interest in the Granger Hall, together with all accessory buildings, to Lessor, in consideration for Lessor entering into this Lease with Lessee. C. Lessee desires to use the Leased Premises to maintain a cultural and educational program to encourage an understanding and appreciation of the history of National City for the benefit of the residents of and visitors to National City. The specific uses to be made of the Leased Premises are described in detail herein below. D. It is in the best interests of City and Lessor, on behalf of the people of National City, for Lessor to enter in a lease of the Leased Premises with Lessee, and to acquire the Granger Hall. City and Lessor envision that the use of the Granger Hall by Lessor will enrich the lives of the citizens of National City by providing an educational and cultural resource within the City. 5 NOW, THEREFORE, in consideration of the mutual benefits to be derived herefrom, the parties hereto agree as follows: 1. Leased Premises. Lessor does hereby lease, demise and let to Lessee the Leased Premises, consisting of the first floor (approximately 1604 square feet) of the historic residential structure located at 923 A Avenue in National City, California, commonly known as the Frank Kimball House. Neither Lessee nor its invitees shall be permitted to enter the second floor of the Frank Kimball House, and Lessor may erect a partition to prevent entry to the second floor. 2. Use. Lessee shall at all times during the term of this Lease maintain the historic nature of the Leased Premises. Lease shall make the Leased Premises available for public tours at a minimum from 11:00 a.m. to 1:00 p.m. Saturdays and Sundays, and for special events for the public. Lessee shall post in a visible location the hours that the Leased Premises will be open to the public. Lessor recognizes that the activities which Lessee will engage in within the Leased Premises will benefit the National City Redevelopment Project Area. In order to encourage and support Lessee in these activities, Lessor agrees to grant Lessee, upon commencement of this Lease, sufficient funds, up to $5,000, to have room partitions installed upon the Leased Premises in order to facilitate public tours. Lessee shall account to Lessor for the expenditure of said funds within thirty (30) days of the installation being completed. Lessor shall further grant to Lessee, upon commencement of this Lease, and upon each anniversary of the commencement, the sum of $5,000 to be used by Lessee for promotions, the cost of printing informational brochures, and for such other activities that will publicize the Frank Kimball I -louse and National City in a positive manner. Lessee shall, at each anniversary of the commencement of this Lease, provide a report detailing the use of said funds to the CDC's Board at a public meeting of the Board. 3. Term. This Lease shall commence August 20, 2008, and expire August 19, 2023. 4. Rent. Lessor and Lessee acknowledge that the consideration for this Lease shall be the mutual benefit to be derived from Lessee's use of the Leased Premises, and Lessor's acquisition of the Granger Hall. 5. Assignment & Subletting. This Lease shall not be assigned, sublet, hypothecated, leveraged, or transferred without the prior written consent of the Lessor. 6. Repairs by Lessor. Lessor shall be required to make such repairs or replacements to the Leased Premises as may be required for normal maintenance and operation, which shall include the repairs and/or replacements to all structural portions of the Building and all walls, floors, corridors, windows, HVAC, mechanical electrical, plumbing, paving and parking, exterior windows, and other structures and equipment within and serving the Leased Premises, and such additional maintenance as may be necessary because of damages by persons other than Lessee, its agents, employees, invitees, or visitors. Lessor shall be responsible for extermination/pest control for the Leased Premises. Without 2008 lease of Premises known 2 City of National City/NC Historical Society as the Frank Kimball House limiting the foregoing, notwithstanding anything to the contrary set forth herein, if Lessor is required to make repairs to take other corrective action in the Leased Premises by reason of Lessee's negligent acts or negligent failure to act reasonably, Lessor shall have the right to recover from Lessee the reasonable cost of the repairs or other work. 7. Repairs by Lessee. Lessee agrees to repair or replace any damage or injury done to the Leased Premises, or any part thereof, caused by Lessee or Lessee's agents, employees, invitees, or visitors, at Lessee's own cost and expense within a reasonable time after written notice from Lessor. If Lessee fails to make such repairs or replacements within a reasonable time after written notice, Lessor may, at its option, make such repairs or replacements, and Lessee shall repay the cost thereof to the Lessor as additional rent within ten (10) days of written demand. However, for any repair work, other than repair work in emergency situations, costing over Five Hundred and no/100 Dollars ($500.00) to be performed by Lessee or Lessee's agents, Lessee shall not perform such repair work without Lessor's prior written consent. Any repairs or replacements in or to the Leased Premises, other than repair work in emergency situations, which would require an expenditure exceeding Five Thousand and no/100 Dollars (5,000.00) and which constitute a "public project" under Section 20161 of the California Public Contract Code, shall be contracted for/by Lessor and let to the lowest responsible bidder after notice. Lessee shall not be liable for damage or loss that results from Lessor's failure to consent to repair work costing over Five Hundred Dollars ($500.00) or from Lessor's failure to contract for repair work exceeding Five Thousand Dollars ($5,000.00). 8. Routine Maintenance by Lessee. Lessee shall, at its own cost and expense, make all repairs and replacements required by this Lease, reasonable wear and use excepted, and excepting those repairs to be made by Lessor as set forth in Section 7 above. It is anticipated by the parties that in general, Lessee shall make repairs to the interior of the Leased Premises, and that Lessor shall make repairs to the exterior of the Leased Premises. • 9. Waste. Lessee shall not commit waste (property abuse, destruction, or damage) beyond normal wear and tear of the Leased Premises. 10. Improvements, Alterations, and Additions. Lessee shall not make or allow to be made any major alterations or physical additions in or to the Leased Premises which affect the structure or any other improvements without first obtaining the written consent of Lessor, which shall not be unreasonably withheld. All work shall be done by contractors approved by Lessor. Any alterations or physical additions in or to the Leased Premises, other than repair work in emergency situations, which would require an expenditure exceeding Five Thousand and no/100 Dollars ($5,000.00), and which constitute a "public project" under Section 20161 of the California Public Contract Code, shall be contracted for by Lessor and let to the lowest responsible bidder after notice. Any and all such alterations, physical additions, or improvements, when made to the Leased Premises by Lessee, shall at once become the property of Lessor and shall be surrendered to Lessor upon the termination of this Lease by lapse of time or otherwise; provided, however, this clause shall not apply to trade fixtures, equipment or furniture owned by Lessee. Any Lessee improvements, alterations or additions shall comply with all government, local 2008 Lease of Premises known 3 City of National City/NC Historical Society as the Frank Kimball House 9 building code, permitting and competitive bidding requirements. Lessee shall give Lessor written notice five (5) days prior to employing any laborer or contractor to perform major work on the Leased Premises so that Lessor may post a notice of non -responsibility if allowed by law. Lessee shall not be required to remove alterations, physical additions, or improvements upon termination of this Lease. 11. Utilities. Lessor will be responsible for payment of utilities, including but not limited to electric, gas, telephone, security, fire alarm, sewer, trash and water. Lessee understands that it is responsible for the proper disposal of debris in the designated trash receptacles provided by the Lessor. No trash is to be placed in front of or on the sides of the container nor should any trash be placed on top of the lids. Lessee further understands that it will be billed accordingly for not disposing of trash in the proper manner, which includes breaking down all boxes and containers prior to being placed in the trash bins. 12. Indemnity and Insurance. a. Disclaimer of Liability. Lessor shall not at any time be liable for injury or damage occurring to any person or property from any cause whatsoever arising out of Lessee's construction, maintenance, repair, use, operation, or dismantling of the Leased Premises except to the extent caused by Lessor's negligence or willful misconduct. b. Indemnification. Lessee shall, at its sole cost and expense, defend, indemnify and hold harmless Lessor and its officials, boards, commissions, employees, agents, attorneys, and contractors (hereinafter referred to as "indemnitees"), from and against: ii. Any and all liability, obligation, damages, penalties, claims, liens, costs, charges, losses and expenses, including without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants, which may arise out of or be in any way connected with Lessee's construction, maintenance, repair, use, operation, or dismantling of the Leased Premises or Lessee's failure to comply with any federal, State or local statute, ordinance or regulation. iii. Lessee's obligations to indemnify indemnities under this Lease shall not extend to claims, losses, and other matters covered hereunder to the extent such claims arise out of the negligence or willful misconduct of one or more indemnitiees. c. Assumption of Risk. Lessor warrants that it does not have actual knowledge that a dangerous condition exists at the Premises except as may be specifically set forth in this Lease. Lessee undertakes and assumes for its officers, agents, affiliates, contractors and subcontractors and employees (collectively for the purpose of this section), all risks of unknown dangerous conditions, if any, on or about the Leased Premises, and Lessee hereby agrees to indemnify and hold 2008 Lease of Premises known 4 City of National City/NC Historical Society as the Frank Kimball }louse harmless Lessor against and from any claim asserted or liability imposed upon the Indemnitiees for personal injury or property damage to any person (other than from Indemnitee's negligence or willful misconduct) arising out of Lessee's construction, maintenance, repair, use, operation or dismantling of the Leased Premises or Lessee's failure to comply with any federal, State or local statute, ordinance or regulation. d. Defense of Lessor. In the event any action or proceeding shall be brought against Lessor by reason of any matter for which Lessor is indemnified hereunder, Lessee shall, upon notice from Lessor at Lessee's sole cost and expense, resist and defend the same with legal counsel mutually selected by Lessor and Lessee, provided however, that Lessee shall not admit liability in any such matter on behalf of Lessor without written consent of Lessor, and provided further that Lessee shall not admit liability for, nor enter into any compromise or settlement of, any claim for which it is indemnified hereunder, without the prior written consent of Lessor. e. Notice, Cooperation and Expenses. Lessee shall give Lessor prompt notice of the making of any claim or the commencement of any action, suit or other proceeding covered by the provisions of this paragraph. Nothing herein shall be deemed to prevent Lessor from cooperating with Lessee and participating in the defense of any litigation by Lessor's own counsel. f. Insurance. During the term of the Lease, Lessee shall maintain, or cause to be maintained, in full force and affect and at its sole cost and expense, the following types and limits of insurance: Comprehensive commercial general liability insurance with minimum limits of Two Million and no/100 Dollars ($2,000,000.00) as the combined single limit for each occurrence of bodily injury, personal injury and property damage. The policy shall provide blanket contractual liability insurance for all written contracts, and shall include coverage for products and completed operations liability, independent contractor's liability; coverage for property damage from perils of explosion, collapse or damage to underground utilities, commonly known as XCU coverage. ii. Automobile liability insurance covering all owned, hired, and non -owned vehicles in use by Tenant, its employees and agents, with personal protection insurance and property protection insurance to comply with the provisions of state taw with minimum limits of One Million and no/100 Dollars ($1,000,000.00) as the combined single limit of each occurrence for bodily injury and property damage. iii. At the start of and during the period of any construction by Lessee, builders all-risk insurance, together with an installation floater or equivalent property coverage covering cables, materials, machinery and supplies of any nature whatsoever which are to be used in or incidental to 2008 Lease of Premises known as the Frank Kimball House 5 City of National City/NC l listorical Society g• the installation of improvements. iv. All policies shall be written on an occurrence and not on claims made basis. v. The coverage amounts set forth above may be met by a combination of underlying and umbrella policies so long as in combination the limits equal or exceed those stated. vi. Lessee shall furnish certificates of insurance to Lessor before commencement of the Lease term. Named Insureds. All policies shall name Lessor and its officials, boards, commissions, employees, agents and contractors, as their respective interests may appear, as additional insureds (herein referred to as the "Additional Insureds"). h. Evidence of Insurance. Certificates of Insurance of each insurance policy required to be obtained by Lessee in compliance with this paragraph, along with written evidence of payment of required premiums shall be filled and maintained with Lessor annually during the term of the Lease. Lessee shall immediately advise Lessor of any claim or litigation that may result in liability to Lessor. J. Cancellation of Policies of Insurance. All insurance policies maintained pursuant to this Lease shall contain the following endorsement: At least thirty (30) days' prior written notice shall be given to Lessor by the insurer of any intention not to renew such policy or to cancel, replace or materially alter same. Insurance Companies. All insurance shall be affected under valid and enforceable policies, insured by insurers licensed to do business by the State of California or surplus carriers on the State of California Insurance Commissioner's approval list of companies qualified to do business in the State of California. All insurance carriers and surplus line carriers shall be rated A+ or better by A.M. Best Company, or as otherwise approved by Lessor's Risk Manager. k. Deductibles. All insurance policies may be written with deductibles not to exceed $50,000 unless approved in advance by Lessor. Lessee agrees to indemnify and save harmless Lessor, the indemnities and Additional Insureds from and against the payment deductible and from the payment of any premium on any insurance policy required to be furnished by the Lease. Contractors. Lessee shall require that each and every one of its contractors and their subcontractors who perform work on the Leased Premises on behalf of Lessee to carry in full force and effect, workers' compensation, comprehensive commercial general liability and automobile liability insurance coverages of the type which Lessee is required to obtain under the terms of this paragraph with 2008 Lease of Premises known 6 City of National City/NC Historical Society as the Frank Kimball }louse \ 0 appropriate limits of insurance. m. Survival of Indemnity Provisions. The indemnity provisions of this Section 13 shall survive any termination of this Lease. n. Review of Limits. Once during each calendar year during the term of this Lease or any renewal thereof, Lessor may review the insurance coverages to be carried by Lessee. If Lessor determines that higher limits of coverage are necessary to protect the interests of Lessor or the Additional Insureds, Lessee shall be so notified and shall obtain the additional limits of insurance, at its sole cost and expense. 13. Inspection. Lessor, by and through its proper officers, reserves and shall always have the right, upon reasonable notice and at a reasonable time, to enter the Leased Premises for the purpose of viewing and ascertaining the conditions of the same and the operation and maintenance thereof. 14. Optional Termination by Lessor. After completion of the initial ten (10) years of the Lease term, this Lease may be terminated by Lessor, upon one hundred eighty (180) days' written notice to Lessee, if Lessor determines, in its sole discretion, that the Leased Premises are needed for a public purpose. In the event of such termination, Lessor shall reimburse Lessee the Fair Market Value of all improvements installed by Lessee on the Leased Premises, as determined by an independent qualified appraiser retained by Lessor and subject to Lessee's reasonable approval. 15. Removal of Personal Property. At the termination or expiration of this Lease or any extension thereof, Lessee shall, within ninety (90) days of written request by Lessor, remove any and all personal property not owned by Lessor, placed or erected on the Leased Premises during the term thereof, or any extension thereof, and that all expense connected with such removal shall be borne by Lessee. Lessor shall have the right to sell, destroy, remove, or otherwise dispose of any such personal property left on the Leased Premises longer than ninety (90) days after termination of this Lease. The premises shall be left by Lessee in a clean, neat and safe condition, and the exclusive possession and use of the Leased Premises shall revert to Lessor. 16. Termination and Release of Prior Lease and Ownership in Historical Structure. Lessee agrees that concurrently with its execution of this Lease, it hereby terminates and releases the City all of its right, title, and interest, including its leasehold interest in the real property located at 1615 East 4th Street, National City, and transfers to Lessor its ownership interest in the historic structure known as the Granger Hall, together with all accessory buildings, located at 1615 East 4th Street, National City. Lessee further agrees, concurrently with the execution of this Lease, to convey to City all of its right, title, and interest, including its leasehold interest, in the real property located at 1615 East 4th Street, National City, pursuant to a quitclaim deed, which shall be in the form attached hereto as Exhibit "A". Lessee further agrees, concurrently with the execution of this Lease, to transfer to Lessor all of its right, title, and interest in the Granger Hall, together with all accessory buildings, to Lessor pursuant to a Bill of Sale, which shall be in the 2008 Lease of Premises known 7 City of National City/NC Historical Society as the Frank Kimball House 11 form attached hereto as Exhibit "B". Said transfer from Lessee to Lessor shall include the entire contents of the Granger Hall including, without limitation, the piano and antique buffet located therein, but excluding the tables and chairs, which will remain in the Granger Hall and may be used by Lessor, but will remain in the ownership of Lessee. Lessor hereby grants Lessee a license, to remain in effect during the Lease term, to utilize 100 square feet of the Granger Hall, or of an accessory building the location of which shall be mutually agreed upon, for the storage of said tables and chairs, as well as other items of personal property belonging to Lessee. City consents to said termination of Lessee's said leasehold interest, and accepts from Lessee the aforementioned Quitclaim Deed. Lessor consents to Lessee's transfer of the Granger Hall, and accepts from Lessee the aforementioned Bill of Sale. 17. Use of Granger Hall by Lessee. Lessor and Lessee agree that, subsequent to the execution of this Lease, Lessee shall be entitled to the exclusive use of the Granger Hall for twelve (12) days each year, at no cost to Lessee. The dates of such use shall be mutually agreed upon in advance by Lessor and Lessee. In its use of the Granger Hall, Lessee shall be responsible for the organization, set-up, and cleanup of its activities. 18. Non -Discrimination. Lessee agrees that there shall be no discrimination against or segregation of any person or group of persons because of race, color, creed, national origin, sex, sexual orientation, ancestry, marital status, physical handicap or medical condition in the use occupancy or enjoyment of the Leased Premises, nor shall Lessee, or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of users of the Leased Premises. 19. Waiver. The failure or omission of Lessor to terminate this Lease for any violation of any of its terms, conditions, or covenants shall in no way be deemed to be a consent by Lessor to such violation and shall in no way bar, stop or prevent Lessor from terminating this Lease thereafter, either for such or for any subsequent violation of any such term, condition or covenant. 20. Signs. Lessee agrees that no sign, advertisement, or notices shall be inscribed, painted or affixed on or to any part or portion of the outside of the Leased Premises except to be of such type and color, size and style, and in such place as may be approved by Lessor, and which shall comply with the National City Municipal Code. Any additional signage or changes to existing signage after the commencement of this Lease will require Lessee to obtain all regulatory sign approvals (permits) for the Leased Premises. Lessee shall not be required to pay the customary fees for any such approvals or permits. 21. Waiver of Relocation Assistance. In consideration for the execution of this Lease by Lessor, Lessee hereby waives any claim for relocation assistance benefits to which it may otherwise be entitled under federal, state, or local law or regulations, upon vacation of the Leased Premises. 22. Compliance with Environmental and Other Laws. Lessee shall not engage in activities upon the Leased Premises, or any portion thereof, for the purpose of or anyway 2008 Lease of Premises known 8 City of National City/NC Historical Society as the Frank Kimball House involving the handling, manufacturing, treatment, storage, use, transportation, spillage, leakage, dumping, discharge or disposal (whether legal or illegal, accidental or intentional) or any hazardous or toxic substances, materials or wastes, or any wastes regulated under any local, state or federal law; provided, however, normal quantities and use of those hazardous or toxic substances or materials customarily used in the conduct of Lessee's permitted uses, such as office supplies, cleaning products, and similar materials, may be used and stored by Lessee at the Leased Premises. Lessee shall be, and remain for the term of this Lease, in full compliance with all applicable laws governing the use and occupancy of the Leased Premises including, without limitation, the handling, manufacturing, treatment, storage, disposal, discharge, use, and transportation of hazardous or toxic substances, materials or wastes, and any wastes regulated under any local, state or federal law. Lessee has been advised that no digging or excavation at the site will be authorized without appropriate environmental oversight. In addition, Lessee has been advised that this site may have been constructed with building materials that at this time are considered hazardous substances. 23. Obstruction. Except as permitted by this Lease, and except for those materials customarily used in the conduct of Lessee's permitted uses, Lessee shall not place, install, maintain, or allow any combustible materials in buildings, structures, or other improvements upon the Leased Premises and shall not cause or allow the surface elevation therein to be changed in any way whatsoever, without Lessor prior written approval. 24. Lessee's Obligation to Quit. Lessee shall, upon termination of this Lease, leave and peaceably and quietly surrender and deliver to Lessor the Leased Premises and all improvements, buildings and fixtures hereon or constituting a part thereof and any replacements or renewals thereof in a good condition, order and repair as the same were at the commencement of this Lease or thereafter may have been put, reasonable wear and use excepted. Notwithstanding the foregoing or anything in this Lease to the contrary, Lessee shall have the right at any time during this Lease to remove from the Leased Premises Lessee's trade fixtures, furniture, equipment and personal property, provided that Lessee repairs any damage caused by such removal. 25. Hazardous Substances. Lessee shall indemnify, protect and hold harmless Lessor and its officials, agents, and employees from and against all costs and damages incurred by Lessor in connection with the presence, emanation, migration, disposal, release or threatened release of any oil or other petroleum products or hazardous materials or substances on, within, or to or from the Leased Premises as a result of (i) the operations of Lessee after the commencement of this Lease, and (ii) the activities of third parties affiliated with Lessee or invited on the Leased Premises by Lessee. Each party agrees that such party will promptly give written notice to the other party of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Leased Premises and any hazardous substance or environmental law of which such party has actual notice. 26. Lessor Remedies upon a Lessee Default. If Lessee is in Default and has failed to cure 2008 Lease of Premises known 9 City of National City/NC Historical Society as the Frank Kimball House �3 such Default within thirty (30) days, Lessor may, at its option, perform such duty or obligation giving rise to the Default on behalf of Lessee, including but not limited to the obtaining of reasonably required insurance policies. The costs and expenses of any such performance by Lessor shall be due and payable by Lessee within then (10) days of receipt of invoice therefor. In the event of a Default which Lessee has failed to cure within thirty (30) days, Lessor may, with or without further notice or demand and without limiting Lessor in the exercise of any right or remedy which Lessor may have by reason of such Default, terminate the Lessee's right to possession of the Leased Premises by any lawful means, or continue the Lease, and/or pursue any other remedy now or hereafter available under the laws or judicial decisions of the State of California. 27. Representations and Warranties. The parties represent and warrant that they have powers adequate for the execution, delivery and performance of their obligations under this Lease; they have taken all necessary actions required to make this Lease the valid and enforceable obligation it purports to be; and this Lease has been duly executed and delivered. 28. Severability; Choice of Law. If any provision of this Lease shall be declared to be void or unenforceable either by law or by a court of competent jurisdiction, the validity or enforceability of remaining provisions shall not thereby be affected. Provided, however, that if any portion of Section 3 herein is determined to be void or unenforceable, this Lease shall terminate. Notwithstanding the foregoing, Lessor and Lessee shall first make best efforts to revise Section 3 to the extent necessary to bring it in compliance with any law by which it is declared void or unenforceable without sacrificing, to the extent possible, the intentions of Lessor and Lessee when initially drafting Section 3. This Lease shall be governed and construed in accordance with the laws of the State of California. 29. Brokers. Each party hereto represents and wan -ants to the other that it has not dealt with any broker in connection with the Leased Premises or this Lease. Each party hereto hereby indemnifies and holds the other harmless from and against any liability for commissions due any broker of finder with Whom such party has dealt in connection with this Lease. 30. Mailings & Noticing. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile, fax or email; 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, three (3) days (five (5) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable. when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile, fax or email, when sent. Any payment, notice, request, demand, direction or other communication delivered or sent as specified above 2008 Lease of Premises known 10 City of National City/NC I listorical Society as the Frank Kimball House \`i shall be directed to the following persons: To City: To Lessor: To Lessee: City Manager City of National City 1243 National City Boulevard National City, California 91950-4301 Executive Director Community Development Commission of the City of National City 1243 National City Boulevard National City, California 91950-4301 National City Historical Society c/o Janice Martinelli 926 "A" Avenue National City, CA 91950 31. Entire Agreement. This Lease 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. 32. 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 Lease; (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 Lease; (iv) each party and such party's counsel and advisors have reviewed this Lease; (v) each party has agreed to enter into this Lease 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 Lease, or any portions hereof, or any amendments hereto. 33. No Agency. Nothing in this Lease Agreement shall cause or imply any agency relationship or duty between Lessor and Lessee. 34. Counterparts. This Lease may be signed in counterparts. 35. Recordation. This Lease may be recorded. 2008 Lease of Premises known as the Frank Kimball House 11 \5 City of National CityMC Historical Society IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers or representatives as of the day and year first above written above. COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY (Lessor) Ron Morrison Chairman CITY OF NATIONAL CITY Ron Morrison, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney/Legal Counsel 2008 Lease of Premises known as the Frank Kimball House 12 NATIONAL CITY HISTORICAL SOCIETY (I ssee) By: Print: Title: By: j I dut Lei a-/-Ld. ✓ Print: /ed ts6-B/Ait/G'N Title: 'a/W-6 Ateri, City of National City/NC Historical Society �Co RECORDING REQUESTED BY: George H. Eiser, III, City Attorney City of National City 1243 National City Boulevard National City, CA 91950-4301 WHEN RECORDED MAIL THIS DEED AND, UNLESS OTHERWISE SHOWN BELOW, MAIL TAX STATEMENT TO: George H. Eiser, III, City Attorney City of National City 1243 National City Boulevard National City, CA 91950-4301 SPACE ABOVE THIS LINE FOR RECORDER'S USE Quitclaim Deed APN 554-050-11 The undersigned grantor(s) declare(s): Document transfer tax is $ -0- City of National City, and FOR TEN DOLLARS ($10) AND OTHER VALUABLE CONSIDERATION, receipt of which is hereby acknowledged The National City Historical Society hereby REMISE(S), RELEASE(S) AND FOREVER QUITCLAIM(S) to The City of National City that property in the City of National City, County of San Diego, State of California, described as: 1615 East Fourth Street, National City, CA 91950, as more fully described in the attached Exhibit "A" Dated State of California County of San Diego ) S.S. On before me , 2008. Signature of Grantor personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose namcs(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public MAIL TAX STATEMENT TO: (This area for official notarial seal) EXHIBIT A EXHIBIT "A" A.P.N. 554-050-11 GRANGER HALL ALL TIIAT PORTION OF THE WEST HALF OF 80 ACRE LOT 1 IN QUARTER SECTION 130, RANCHO DE LA NACION, ACCORDING TO MAP THEREOF NUMBER 166, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: THE NORTHERLY 100 FEET OF THE SOUTHERLY 140 FEET OF THE WESTERLY 574.50 FEET OF SAID WEST HALF. EXCEPTING THEREFROM: THE WESTERLY 180 FEET, AND ALSO THE PORTION EASTERLY OF A LINE DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE AFORESAID WESTERLY 574.50'FEET; THENCE NORTH 17° 46' 41" WEST 12.36 FEET; THENCE NORTH 40° 42' 58" WEST 95.02 FEET TO THE NORTH LINE OF THE SAID SOUTHERLY 140 FEET OF SAID WEST HALF. AND ALSO, EXCEPTING THEREFROM THAT PORTION RESERVED FOR COMMERCIAL RENTAL, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWESTERLY CORNER OF SAID 80 ACRE LOT 1, IN SAID QUARTER SECTION 130; THENCE NORTH 72° 00' 25" EAST, ALONG THE. SOUTHERLY LINE OF SAID 80 ACRE LOT 1, A DISTANCE OF 574.50 FEET; THENCE NORTH 17° 46' 41" WEST, 52.36 FEET; THENCE NORTH 40° 42' 58" WEST, 84.15 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 40° 42' 58" WEST, 10.87 FEET; THENCE SOUTH 72° 00' 25" WEST, 35.00 FEET; THENCE SOUTH 17° 46' 41" EAST, 10.00 FEET; THENCE NORTH 72° 00' 25" EAST, 39.26 FEET MORE OR LESS TO THE TRUE POINT OF BEGINNING. — ----- AREA FOR COMMERCIAL RENTAL: 371 SQUARE FEET OR 0.0085 ACRES.AREA OF GRANGER HALL EXCEPTING 371 SQUARE FEET RESERVED FOR COMMERCIAL RENTAL: 37,457 SQUARE FEET OR 0.8599 ACRES. NAT'L CITY ENGR_ DEP.T. No. 4 7 B 6 REF. (0787 $Y W.7 DATE9/2192 CKD DATE CKD DATE BILL OF SALE For Ten Dollars ($10.00) and other valuable consideration, receipt of which is hereby acknowledged, THE NATIONAL CITY HISTORICAL SOCIETY hereby sells, conveys, and assigns all rights, title, and interest in the improvements and personal property located at 1615 East 4th Street, National City, CA 91950, commonly known as The Granger Hall, including therewith all accessory buildings and structures appliances, fixtures, furniture (excluding the tables and chairs kept inside the building), and equipment, to THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY. The National City Historical Society covenants and agrees that it is the lawful owner of said improvements and personal property; that it is free from encumbrances; and that it has the right to sell said improvements and personal property. Dated: , 2008. NATIONAL CITY HISTORICAL SOCIETY By: (Print) Dated: , 2008. By: (Print) EXHIBIT B CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Scut DiPct� On 49.[Xj 8 , before me, ate personally appeared J t1 i c } �. m. Oradi--. , Ad althe r Here Insert fame and Tide of the nicer f 1 a -i fie l/; Narne(s) ofS�neres 1-�u ism rc� �c V. M. ORCWT Commission* 1631882 Notary Public California t San Diego Coutdy f[ 116/ Comm• bites Dec 20, Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ia/are subscribed to the within instrument and acknowledged to me that he/slhe/they executed the same in his/her/their authorized capacity(ies), and that by l;is4er/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 0/%?•�[iirtl Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: LOf j iEe rlrh U Individual U Corporate Officer — Title(s): D Partner — 0 Limited O General U Attorney in Fact U Trustee U Guardian or Conservator [*"Other: &a c! Ivie n../f Signer Is Representing: NQ-fjon/3Y ( EFsiorirr 0 rI RIGHTTM OF SI JIMPRINT GNER Top of thumb here Signer's Name: •/-Ct_+'tic U Individual ❑ Corporate Officer — Title(s): U Partner — LI Limited 0 General LJ Attorney in Fact U Trustee Guardian or Conservator L*3'Other: ?resia"n f fAlarirne/i Signer Is Re resenting: is�Drlcr-� cial ©2007 National Notary Association • 9350 De Soto Ave., PO. Box 2402 •Ctatsworth, CA 91313-2402 • www.NationalNotaryorg Item Topof thumb here 5907 Reorder:Cal Tofl-Free 1-800-876-6827 RESOLUTION NO. 2008 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY ("CDC") APPROVING A LEASE BY AND BETWEEN THE CDC (LESSOR) AND THE NATIONAL CITY HISTORICAL SOCIETY (LESSEE) FOR THE FIRST FLOOR OF THE FRANK KIMBALL HOUSE, AND AN AGREEMENT BY AND BETWEEN THE LESSOR, THE LESSEE, AND THE CITY OF NATIONAL CITY FOR THE TRANSFER OF THE LESSEE'S INTEREST IN THE GRANGER HALL TO THE LESSOR, AND FOR THE CONVEYANCE TO THE CITY OF THE LESSEE'S PRIOR LEASEHOLD INTEREST IN THE LAND ON WHICH THE GRANGER HALL IS LOCATED WHEREAS, the National City Historical Society ("Historical Society") is desirous of leasing from the CDC, and the CDC is desirous of leasing to the Historical Society, the first floor of the historic residential structure located at 923 "A" Avenue, National City, commonly known as the Frank Kimball House ("Kimball House Lease"); and WHEREAS, the Historical Society is the owner of a certain historic structure, commonly known as Granger Hall, located at 1615 East Fourth Street, National City, California; and WHEREAS, the land on which Granger Hall is located is owned by the City of National City, and leased to the Historical Society ("Granger Hall Lease"); and WHEREAS, the Historical Society is willing to terminate the Granger Hall Lease concurrently with the execution of the Kimball House Lease and to convey to the City all of its right, title, and interest in the real property commonly known as Granger Hall located at 1615 East Fourth Street; and WHEREAS, the Historical Society is further willing to transfer all of its right, title, and interest in Granger Hall to the CDC in consideration for the CDC entering into the Kimball House Lease with the Historical Society; and WHEREAS, the Historical Society desires to use the Kimball House Leased Premises to maintain a cultural and educational program to encourage an understanding and appreciation of the history of the City of National City for the benefit of residents and visitors to the City; and WHEREAS, by adoption of Resolution 2008- , on August 19, 2008, the City Council of the City of National City has agreed to terminate the Granger Hall Lease; and WHEREAS, it is in the best interests of the City and the CDC on behalf of the people of National City, for the City to accept the conveyance of all the Historical Society's right, title, and interest in the land on which the Granger Hall is located, and for the CDC to enter into a lease of the Kimball House Leased Premises with the Historical Society, and for the CDC to acquire the Granger Hall, to enrich the lives of the citizens of National City by providing an educational and cultural resource within the City. NOW, THEREFORE, BE IT RESOLVED that in consideration of the mutual benefits to be derived therefrom, and other valuable consideration, the Community Development Commission of the City of National City hereby authorizes the Chairman to Resolution No. 2008 — August 19, 2008 Page 2 execute the Lease by and between the CDC and the National City Historical Society for the first floor of the Frank Kimball House, and the Agreement by and between the CDC, the Historical Society and the City of National City for the transfer of the Historical Society's interest in the Granger Hall to the CDC, and for the conveyance to the City of the Historical Society's leasehold interest in the land on which the Granger Hall is located. PASSED and ADOPTED this 19th day of August, 2008. ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel Ron Morrison, Chairman City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT / MEETING DATE August 19, 2008 AGENDA ITEM NO. 23 ITEM TITLE A report: US Environmental Protection Agency ("EPA") Brownfield assessment grant for the Westside Specific Planning area. PREPARED BY ) Patricia Beard (ext 4255) Manager DEPARTMENT Redevelopment Division EXPLANATION On August 1, 2007, the Community Development Commission ("CDC") commenced a federally funded environmental investigation of potential "brownfield" conditions in the Westside Specific Planning Area. The project was intended to result in an areawide inventory of conditions, 10 — 15 Phase I environmental investigations, up to five (5) Phase II environmental investigations, public outreach and redevelopment planning over a three year period. This report is intended as an update. The grant project is on schedule and within budget. The areawide inventory is complete and, due to efficiencies, 20 Phase I investigations have beOn completed on sites approved by the CDC at its meeting of March 4, 2008. These reports are now being finalized for public availability. Please see Attachment A for further information. J Environmental Review Not applicable Financial Statement The full grant amount is $200,000, of which $80.916.26 had been spent as of July 1, 2008. Account No. 900845 STAFF RECOMMENDATION Accept and file. BOARD / COMMISSION RECOMMENDATION Not applicable. STRATEGIC GOAL 2B. Aggressively seek funding sources. 5B. Complete Westside Specific Plan and Analyze Comprehensive Implementation Strategy. 1 r ATTACHMENTS 1. Explanation continued. Resolution No. ATTACHMENT 1 EXPLANATION CONTINUED Between August 1, 2007 — August 1, 2008, the following has been completed with USEPA Brownfield Grant funds for the Westside Specific Planning area: 1. An areawide inventory of non-residential sites was completed consisting of written observations and information on each parcel as well as a database search for environmental permits and violations; 2. A Geographic Information System ("GIS") map was created, via which Westside data can be displayed on the City nationalcitybreis.org brownfield website; 3. Public outreach was conducted including the circulation of bi-lingual newsletters explaining the grant project, City Council updates and a December 10, 2007 event at Kimball Elementary School with federal, state, local and school district officials along with Environmental Health Coalition representatives, students and parents; 4. Twenty (20) Phase I environmental investigation sites were selected according to staff proposed EPA -approved criteria by the CDC on March 4, 2008; 5. The draft Phase I reports were completed for peer review at Essentia Management, the CDC's grant consultant. 6. A Request for Qualifications process for minority and/or women owned environmental law consultants resulted in a contract award to the San Diego law firm of Opper and Varco LLP for as needed assistance related to EPA requirements about site access as well as for redevelopment planning consultation; 7. Staff attended the EPA Brownfields conference in Detroit, Michigan in May, 2008. Note: A Phase I environmental investigation consists primarily of research via available public records and environmental specialist on -site observations. No new testing is conducted as part of a Phase I. Next steps: Following completion of the Phase I reports, Essentia will prepare Property Profile Reports on all parcels being studied under the grant. Next five (5) Phase II sites will be identified. Phase II studies result in actual new data about sites because borings and testing are completed. A Quality Assurance Plan required by EPA will be prepared and access to the identified sites will be sought. Following successfully attaining access, the Phase II reports will be completed. Staff expects to report back to the CDC and public in approximately six (6) months. City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT r MEETING DATE August 19, 2008 AGENDA ITEM NO, 24 ITEM TITLE A report on the feasibility of developing an Industrial Park for relocation of potential non -conforming uses in conjunction with the Westside Specific Plan. PREPARED BY DEPARTMENT Patricia Beard (ext 4255) Redevelopment Division Redevelopment Manager EXPLANATION On June 19, 2007, the Community Development Commission entered into an Agreement with Economic & Planning Systems, Inc. ("EPS") to produce a feasibility analysis of the draft Westside Specific Plan and to produce a Feasibility Study regarding the relocation and redevelopment of potential non -conforming uses from the Westside Specific Planning area ("Study"). The final Study was posted on the City's website on July 17, 2008 and the consultants will present an overview of their conclusions and findings at tonight's meeting. In summary the Study found that a relocation industrial auto -repair park may be feasible if gap financing is provided. EPS also identifies a variety of funding sources and grants to assist with the project. l Environmental Review Not applicable Financial Statement The Agreement is for $184,390. Account No. 900845 STAFF RECOMMENDATION Accept and file. BOARD / COMMISSION RECOMMENDATION Not applicable. STRATEGIC GOAL 5B. Complete Westside Specific Plan and Analyze Comprehensive Implementation Strategy J 1' ATTACHMENTS 1. Not applicable. The study was provided to the Mayor and City Council in advance of the meeting. Resolution No. ♦ f City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE August 19, 2008 AGENDA ITEM NO. 25 ITEM TITLE A Presentation by Urban Land Institutes Technical Advisory Panel on the Transit Oriented Development Report prepared for the Westside Specific Plan Area. (Project No. 2007-34 GP, ZC, SP) PREPARED BY Brad Raulston, Executive Director (336-425 EXPLANATION DEPARTMENT Community Development On July 17, 2008, staff provided Council with a copy of the Urban Land Institute's report "Recommendations for the Transit Oriented Development Site within the Westside Specific Plan Area", dated June 2008. ULI's Technical Advisory Panel will present their report. Environmental Review X N/A Financial Statement N/A Approved By: Finance Director Account No. 1 STAFF RECOMMENDATION Refer to Executive Director's Report BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Powerpoint Presentation Resolution No. L A-200 (9/99) A Presetuation to City of National City Recommendation for the Transit Oriented Development Site within the-Westside Specific Plan Area by the Urban land Institute Technical Advisory Pane Transit Oriented Development Definition: "A mix of uses at various densities within walking distances d transit stations." Components Mixed Use: A mix of land -uses typically (but not limited to) commercial, office, and residential spaces. Walkable: Pedestrian accessibility is emphasized in building and infrastructure design. Compact: Increased density of people living, working, shopping, and recreating in close proximity. Near Transit: Development is close to a public transportation stop or Station. i What is the Technical Advisory Panel? Established in 1947, the ULI program has completed over 500 panels, in 47 states, 12 countries, and 4 continents. Provides strategic advice on land use and real estate development issues. Panels look at market potential, land use and design, financing and development strategies, and organizing and implementation. The NC T0D panel consisted of an area - wide site visit, research and interviews with City Staff, and an intensetwo day design charette. Benefits of Transit Oriented Development Transportation Three -fourths of households living near transit own one auto or less. Doubling of density is associated with nearly a 60% increase in transit use. Transit ridership rates at mixed -use centers are 5% to 10 % higher than they are at single -use employment centers. Environmental • Reduces rates of greenhouse gas emissions by 2.5 to 3.7 tons per year for each household. Benefits of Transit Oriented Development Economic "Low and moderate -income people can access quality affordable housing and good jobs' Making the Connection: Transit -Oriented Development and Jobs March 2006. Quality of Life • 'People living and working close to rail stations use public transit more, walk more, own fewer cars and tend to drive less." Facts $i Figures: Measuring the Benefits of Transit -Oriented Dovelo,oment, October 2006, • Lower per capita traffic death rates with transit than automobile. People living In TOO's are 10% less likely to be obese than those living in low -density neighborhoods. Site Opportunities Transit Station • 'Gateway' to National City. • Public parking, mixed -use. retail. and public space. Public Works • Consolidateldownsize or relocate functions. • Potential for residential / mixed -use development. • Relocate administrative space to Wells Fargo 'reuse'. Housing • Market rate, rental. senior/assisted living. student housing opportunities. Retail • Associated with transit stop and health and wellness center. Institutional • Protect needs an anchor. • Wells Fargo Site 'reuse". • Adult School as complimentary use. Site Opportunities Paradise Creek Consider flood improvements to maximize the potential of the Public Works site. Realignment could provide more area for residential/mixed-use Expansion capabilities of Paradise Creek Education Center, Renovate adjacent buldmg for events/meetings/education. Linkages Street grid and short blocks promote walkng • Enhance streets with wide sidewalks and landscaomg. • Paradise Creek trail could provide diagonal hnk between transit and City Hall. • Kimball Park to Bay connection. • Min -parks. plazas. and public gathenng spaces. Plan Alternative 1 Cooperate with MTS on new transit facili • Create public plaza • Link to Wells Fargo building "reuse' • Consider pedestrian overpass to west side of 1-5 • Utilize creek edge for outdoor cafes • Provide for retail associated with transit facility and Wells Fargo reuse • Wilson Avenue retail Plan Alternative 1 • 250-750 Dwelling Units • 430,000-680,000SF Office • 45,000-65,000SF Retail • Enhanced pedestrian environment I • Realignment of Paradise Creek Plan Alternative 1 • Relocate Public Works facility and bus yard • Paradise Creek improvements • Creek realignment creates large parcel for residential I mixed -use • Increase park to five acres • Signage for Paradise Creek X 41. Plan Alternative 1 • Continue street grid —link Hoover to 18th Street • Block lengths per Westside SP recommendations Plan Alternative 1 • Commercial office use buffers residential from Interstate • Assisted Living/Senior Housing • Wells Fargo expansion • New mixed -use site Plan Alternative 2 • 250-800 dwelling units • 295,000-450,000SF Office • 45,000-65,000SF Retail • Enhanced pedestrian environment • Park enhancement east of Kimball Elem. School • Link Hoover Ave to Roosevelt; eliminate dead end u, Plan Alternative 2 • No realignment of Paradise Creek • Two wedge-shaped residential parcels Plan Alternative 2 • Parking for MXD site or •7,wr Public Works relocation ?ti3wit ,.1 a r 20 rn Urban Land Institute Technical Advisory Panel • ULI San Diego/Tijuana District Council • Project Design Consultants • The London Group • Grubb & Ellis/BRE Commercial • The Sullivan Group • Greenhaus • TW2 Marketing Recommendations • Bold Vision Plan • Flexible Plan that Responds to Change • Positive Leadership • Public / Private Partnership • Funding and Capital Sources for Affordable Housing • Strive for Smart Growth Standards • Develop New Parking Standards • Paradise Creek Provides "Premium" Potential • Establish an Identity and Sense of Place • Branding • Phase 1: Southwest Quadrant, Project needs an "Anchor' City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT IVIEETING DATE August 19, 2008 AGENDA ITEM NO. 26 / ITEM TITLE A Report and Update on the Westside Specific Plan (Project No. 2007-34 GP, ZC, SP) and Request for Council Direction. PREPARED BY DEPARTMENT Brad Raulston, Executive Director (336-4256) EXPLANATION Community Development On May 6, 2008, the Council approved the contract for the environmental consulting firm of Jones & Stokes Associates to prepare an Environmental Impact Report (EIR) in accordance with CEQA. As a component of the EIR, Nordby Biological Consulting prepared an analysis of Paradise Creek in a report titled "Wetland Delineation of Paradise Creek in the Westside Specific Plan Area", dated June 2008. A copy of this report was provided to Council on July 17, 2008. Staff will provide an update and summary of these efforts. Environmental Review X N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Request for Council Direction. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. L A-200 (9/99) POINTS OF DIRECTION WESTSIDE SPECIFIC PLAN August 19, 2008 1. Realign Paradise Creek to create a meandering creek or retain in current linear direction 2. Extend Hoover Avenue north to 18th Street or retain as dead end at Paradise Creek to allow for development as part of park area. 3. Allow for range of densities from 10 dwelling units to a maximum of 60 dwelling units per acre in area north of W. 22nd Street and W. 18th Street between Wilson Avenue and Hoover Avenue 4. Create pedestrian/bicycle bridge over Paradise Creek or retain creek with pedestrian/bicycle path along western side of creek. 5. Enlist an architect to prepare conceptual design plans consistent with direction and consider design parameters for a mixed -use affordable housing project along Paradise Creek.