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HomeMy WebLinkAbout2008 09-02 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 — September 2, 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 interpretacion en espanol se proporciona durante sesiones del Consejo Municipal. Los audiofonos estan disponibles en el pasillo al principio de la junta. Council Requests That All Cell Phones And Pagers Be Turned Off During City Council Meetings OF THE CITY COUNCIL OR COMMUNITY DEVELOPMENT COMMISSION MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.ci.national-city.ca.us CITY COUNCILJCOMMMUNITY DEVELOPMENT COMMISSION AGENDA 9/2/08- Page 2 PRESENTATIONS 1. Presentation by proponents of Prop B - The initiative to redevelop the 10th Avenue Marine Terminal. - Presenter: Frank Gallagher, Partner in San Diego Community Solutions. 2. Presentation by opponents - "Save our Working Waterfront, No on Prop B" - Presenters: John Pasha, Pasha Automotive Services and Brian Whatley, International Longshore & Warehouse Union. 3. Presentation by Fire Chief Rod Juniel - San Diego County Real Property Parcel ($52.00 Annual) Tax Initiative. 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. 4. Resolution of the City Council of the City of National City approving Change Order Number Two to Koch -Armstrong General Engineering, Inc. for the National City Street Resurfacing Project, FY 08-09 (Phase 2), in the amount of $16,517 for resurfacing the Kimball Park tennis/basketball courts to accommodate the skate park conversion project and authorizing the City Engineer to sign the Change Order. (Funded through Parks and Recreation Capital Outlay Funds). (Engineering) 5. Resolution of the City Council of the City of National City approving Change Order Number Five to Koch -Armstrong General Engineering, Inc. for the National City Street Resurfacing Project FY 08-09 (Phase 2) in the amount of $12,040 for installation of seven mounted project signs at strategic locations for public relations notification and authorizing the City Engineer to sign the Change Order. (Funded through Traffic Congestion Relief, Gas Tax, Proposition A, Proposition 1b funds, and CIWMB Grants). (Engineering) CITY COUNCIL/COMMMUNITY DEVELOPMENT COMMISSION AGENDA 9/2/08- Page 3 CONSENT CALENDAR (Cont.) 6. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with D-Max Engineering, Inc. in the amount not to exceed $200,000 in order to continue providing the City with engineering and environmental services and assist implementing National Pollutants Discharge Elimination System (NPDES) permit requirements.. (Funded through the Sewer Fund) (Engineering) 7. Resolution of the City Council of the City of National City accepting conveyance of real property from property owner Oscar Salcedo, directing the recordation of a street easement for a portion of land for street purposes at 2919 Leonard Street and dedicating and naming the parcel of land. (Engineering) 8. Resolution of the City Council of the City of National City authorizing the Mayor to execute a cost sharing agreement between the City and Library Village South, Inc. for environmental consultant services for Specific Plan Amendment (SP-2005-3). (Planning and Building) 9. Resolution of the City Council of the City of National City waiving the bid process and authorizing the purchase of 130 new trash containers from Rehrig Pacific Company to replace the existing containers in the public right of way at a total cost of $45,755 to be paid from the trash reserve fund. (Public Works) 10. Resolution of the City Council of the City of National City authorizing the Mayor to execute a Temporary Use Permit for National City's use of PASHA Parking Lot "J" located on San Diego Unified Port District property for temporary parking in conjunction with a free Bayfront Expo & Concert Program at Pepper Park. (Community Services) 11. Resolution of the City Council of the City of National City adopting an amended Conflict of Interest Code which incorporates by reference the Fair Political Practices Commission's Standard Model Conflict of Interest Code, and rescinding Resolution No. 2006-198. (City Attorney) CITY COUNCIUCOMMMUNITY DEVELOPMENT COMMISSION AGENDA 9/2/08- Page 4 CONSENT CALENDAR (Cont.) 12. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Amendment to the FY08 Agreement with GTC Systems, Inc. in the amount of $7,590.00. (MIS) 13. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement in the amount of $39,000 with GTC Systems, Inc. to provide network engineering services in support of the network infrastructure upgrade. (MIS) 14. Resolution of the City Council of the City of National City adopting the Budget for the 2008-2009 Fiscal Year. (Finance) 15. National City Fire Department's Quarterly Report, March -July 2008. (Fire) 16. National City Sales Tax Update — First Quarter 2008. (Finance) 17. WARRANT REGISTER #5 (Finance) Warrant Register #5 for the period of 07/23/08 through 07/29/08 in the amount of $1,624,742.96. (Finance) 18. WARRANT REGISTER #6 (Finance) Warrant Register #6 for the period of 07/30/08 through 08/05/08 in the amount of $752,228.46. (Finance) 19. WARRANT REGISTER #7 (Finance) Warrant Register #7 for the period of 08/06/08 through 08/12/08 in the amount of $2,651,934.52. (Finance) CITY COUNCIL/COMMMUNITY DEVELOPMENT COMMISSION AGENDA 9/2/08- Page 5 PUBLIC HEARINGS 20. Public Hearing — Fiscal year 2008-2009 Supplemental Funding Cycle for the CDBG and HOME Programs. (Community Development/Housing and Grants) 21. Public Hearing — Amendment to Title 18 (Zoning) Chapter 18.142 of the National City Municipal Code pertaining to Residential Density Bonus and Affordable Housing Incentives and proposed Finding of No Significant Environmental Effect. (Applicant: City initiated) (Case File No. 2008-15 A) (Planning) NEW BUSINESS 22. Notice of Decision — Planning Commission approval for a Conditional Use Permit for the expansion of an existing charter school on church property at 125 Palm Avenue. (Applicant: Sandra Dominguez, Integrity Charter School) (Case File 2008-29 M1 CUP-2003-11) (Planning) 23. City Council approval of proposed rollout plan to webcast City Council Meetings. (City Manager) COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 24. Warrant Register for the period of 08/01/08 through 08/14/08 in the amount of $2,839,267.50. (Community Development Commission/Finance) 25. Resolution of the Community Development Commission of the City of National City (CDC) adopting the Budget for the 2008-2009 Fiscal Year. (Finance) CITY COUNCIL/COMMMUNITY DEVELOPMENT COMMISSION AGENDA 9/2/08- Page 6 CONSENT CALENDAR (Cont.) 26. Resolution of the Community Development Commission of the City of National City (CDC) approving a Lease Agreement and Memorandum of Understanding between San Diego Electric Railway Association, Inc. and the Community Development Commission of the City of National City for a term of three years on an approximately 1.1 acre parcel (559-040-03) known as the "Historic Depot" located at 922 W. 23RD Street, National City, CA, and authorizing the Chairman to execute said Agreement. (Redevelopment Division) NON CONSENT RESOLUTION 27. Resolution of the Community Development Commission of the City of National City (CDC) appropriating low -mod housing funds and approving an Agreement not to exceed $120,725 with Pyatok Architects, Inc. to use a community design process to create a concept design for an affordable housing project on the site of and in the vicinity of the National City Public Works Center. (Redevelopment Division) NEW BUSINESS 28. A request for direction on a previously booked Kiwanis Club event scheduled to be held at Granger Hall on September 19, 2008. (Redevelopment Division) STAFF REPORTS 29. Points of Direction for the Westside Specific Plan. (Community Development) MAYOR AND CITY COUNCIL CLOSED SESSION Closed Session Conference with Legal Counsel — Anticipated Litigation Initiation of Litigation Pursuant to Government Code Section 54956.9(c) One Potential Case CITY COUNCIL/COMMMUNITY DEVELOPMENT COMMISSION AGENDA 9/2/08- Page 7 ADJOURNMENT Next Regular City Council and Community Development Commission Meeting - Tuesday — September 16, 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 9/2/08 Presentation by Proponents of Prop B - The initiative to redevelop the 10th Avenue Marine Terminal Presenter: Frank Gallagher, Partner in San Diego Community Solutions ITEM #2 9/2/08 Presentation by Opponents - "Save our Working Waterfront, No on Prop B" Presenters: John Pasha, Pasha Automotive Services and Brian Whatley, International Longshore & Warehouse Unior.. THE ATTACHED FLIER ACCOMPANIES PRESENTATION #2 "SAVE OUR WORKING WATERFRONT" SAVE OUR WORKING WATERFRONT - NO ON PROP B BALLOT ARGUMENT Don't be fooled by the Developers behind Proposition B and their phony -titled ballot measure. Every Port Commissioner as well as military, labor, civic and business leaders strongly oppose Proposition B because it does nothing to preserve marine freight. Instead of the open spaces and bike paths promised in the measure, what it will really do is enable a 100 acre bayfront "land grab" that will ruin the economic viability of the waterfront with concrete, high-rise hotels, and a football stadium. This is how the bait and switch would hurt the region: • Proposition B will allow Developers to cover the Tenth Avenue Terminal with a 100 acre concrete slab deck, high-rise hotels and a football stadium. • The loss of port capacity for cargo ships will result in the loss of more than 19,000 jobs for San Diego County. • The jobs that will be lost due to Proposition B are solid, good paying jobs, with sustainable salaries and benefits that help keep San Diego's middle class afloat. • The region would also lose over $1.8 BILLION in annual revenue during an economic downturn. • Proposition B would mean that over 245 ships every year couldn't dock in San Diego; On average. 379 semi -trucks would be needed to transport the goods and freight from each ship turned away! That's over 93,000 additional trucks driving through San Diego County annually - burning gas, causing pollution, clogging roads and freeways. • Proposition B would severely impact the environment and adjacent communities by causing more pollution. • Military experts agree that Proposition B would create a security risk for the port and could also mean that we would lose the Navy. • Is it worth losing thousands of jobs, adding more trucks to our highways, and risking our community's safety and the Navy for the benefit of Developers? See the bad plan for yourself: www.BadPropB.com Signed by: Michael B. Bixler, Chairman of the Port of San Diego Lorena Gonzalez, CEO and Secretary -Treasurer of the San Diego Labor Council Terry E. Magee, President of San Diego Military Advisory Council John C. O'Neill, Chair of the San Diego Taxpayers Association Diane Takvorian, Executive Director of the Environmental Health Coalition P.O. Box 710187 • San Diego, CA 92171 • Phone: 858-481-0300 • Email: jean.freelove 'fcgi.biz FPPC:= 1307991 City of National City, California COUNCIL AGENDA STATEMENT 3 /IEETING DATE September 2, 2008 AGENDA ITEM NO. ITEM TITLE SAN DIEGO COUNTY REAL PROPERTY PARCEL ($52.00 ANNUAL) TAX INITIATIVE - STAFF REPORT PREPARED BY Roderick Juniel DEPARTMENT Fire 6V,40- (Ext. 4556) EXPLANATION See attached staff report regarding the San Diego County Real Property Parcel ($52.00 Annual) Tax Initiative and Ordinance to Improve and Enhance Firefighting Resources & Services by Adoption of a Regional and Local Fire Protection Parcel Tax. Environmental Review I N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. 1. San Diego County Real Property Parcel ($52.00 Annual) Tax Initiative — Staff Report 2. An Ordinance to Improve and Enhance Firefighting Resources & Services by Adoption of a Regional and Local Fire Protection Parcel Tax A-200 (9/99) SAN DIEGO COUNTY REAL PROPERTY PARCEL ($52.00 ANNUAL) TAX INITIATIVE EXPLANATION: CONSIDERATION OF PROPOSED COUNTY -WIDE PARCEL TAX BALLOT MEASURE RELATED TO FIRE PROTECTION SERVICES AND POSSIBLE ACTION FAVORING OR OPPOSING THE MEASURE The County Supervisors have approved a ballot measure which allows all San Diego County residents an opportunity to decide on the implementation of a parcel tax which would be used to improve and enhance firefighting resources and services in San Diego County. This special tax applies to every parcel of real property in San Diego County. If approved by the voters during the November 2008 election, the annual $52.00 per parcel tax would generate approximately $50 million annually. The funding would be used to enhance firefighting capabilities, including day to day operation in cities and unincorporated areas of the county, surge capacity, aerial firefighting, training, regional communications, equipment, fire prevention and staffing. The parcel tax would begin on July 1, 2009 and every year thereafter for 30 years with an annual adjustment based on San Diego Consumer price index. The tax allocation is designed to provide 50% of the revenue to the San Diego Regional Fire Protection Joint Powers Agency and 50% to the participating cities and fire protection districts. Based on that formula the City of National City would receive approximately $250,000.00 annually. The funding must be used for fire protection and cannot be supplanted. There are also strict requirement for Maintenance of Effort (MOE). A city or fire protection district must be a member of the Joint Powers Authority in order to be eligible for the tax revenues. The governing body of the Regional Fire Protection Agency shall consist of (10) voting members and up to (5) non voting members. The board make up is as follows: • One member from the County Board of Supervisors • One member from the City of San Diego • Four member from different cities of the remaining 17 cities in the County • Four member from four of the independent special districts • Five non voting members made up of member of the fire service and military Additional information is provided in the attachment. EXHIBIT A AN ORDINANCE TO IMPROVE AND ENHANCE FIREFIGHTING RESOURCES & SERVICES BY ADOPTION OF A REGIONAL AND LOCAL FIRE PROTECTION PARCEL TAX The People of the County of San Diego ordain as follows: Section 1. Statement of Purpose. The wildfires that occurred within the County of San Diego in 2003 and 2007 have demonstrated the need for additional funding for fire protection resources and services, both on a regional and local basis. In addition, there is a need for a regional organization, consisting of public agency representatives from all areas within the County, to manage, administer, and oversee the regional funding for the deployment of regional firefighting resources and services. Therefore, the People of the County of San Diego hereby approve this Ordinance to adopt a County special tax on parcels of real property in San Diego County to be used to fund fire protection equipment, firefighting, and related services to prevent and to fight fires on both a regional and local level. In addition, this ordinance provides for the establishment of a countywide joint powers authority, entitled the "San Diego Regional Fire Protection Agency," to manage, administer, and oversee the regional funding for the deployment of regional firefighting resources and services. Section 2. A new Chapter 2, commencing with section 96.201, entitled "Voter Approved Countywide Regional & Local Fire Protection Parcel Tax and Funding Plan" is added to Division 6 (Fire Protection) of Title 9 (Construction Codes and Fire Code) of the San Diego County Code of Regulatory Ordinances to read as follows: CHAPTER 2. VOTER APPROVED COUNTYWIDE REGIONAL & LOCAL FIRE PROTECTION PARCEL TAX AND FUNDING PLAN SECTION 96.201. STATEMENT OF PURPOSE. The voters of the County have determined that the County's 2003 and 2007 wildfires have demonstrated the need for additional funding for fire protection resources and services, both on a regional and local basis. Furthermore, the voters also have determined that there is a need for a regional organization, consisting of public agency representatives from all areas within the County to manage, administer, and oversee regional funding for the deployment of regional firefighting resources and services. Therefore, this Chapter was approved by the voters for the express purpose of adopting a County special tax on parcels of real property in San Diego County to be used to fund fire protection equipment, firefighting, and related services to prevent and to fight fires on both a regional and local level. In addition, the voters approved this Chapter for the purpose of providing for the establishment a countywide joint powers authority, entitled the "San Diego Regional Fire Protection Agency," to manage, administer, and oversee regional funding for the deployment of regional firefighting resources and services. Page 1 of 17 SECTION 96.202. DEFINITIONS. The following definitions shall apply to the terms used in this Chapter: (a) "City" means any incorporated city in the County of San Diego. (b) "County" means the entire geographical area of the County of San Diego, including both incorporated and unincorporated territory. (c) "Exempt" means any land or improvements, or both, that are fully exempt from ad valorem property taxes pursuant to current law and designated as fully exempt by the San Diego County Assessor's Office or, for State assessed property, by the State of California. (d) "Fire protection equipment, firefighting and related services" mean the following items for which the regional portion of the fire protection parcel tax revenues may be expended by the Regional Fire Protection Agency in furtherance of the purposes expressed in this Chapter: (1) Any firefighting equipment, including, but not limited to, aerial assets, firefighting vehicles, insurance, and emergency and communications equipment for public safety purposes, which may be acquired by purchase, lease, or any other means. (2) Firefighting, fire prevention activities, firefighter training, and other related services, which involve the employment of firefighters, firefighting trainers, fire protection and suppression experts, firefighting pilots, firefighting equipment mechanics, and other necessary firefighting staff, who may be employed by the Regional Fire Protection Agency by contract or as employees. (3) Purchase or lease of real property and/or structures, the construction of structures, including the purchase of insurance, for the purpose of providing fire stations, firefighting training space, or office space for use by the Regional Fire Protection Agency. (4) Administrative expenses of the San Diego Regional Fire Protection Agency. "Administrative Expenses" mean expenses associated with managing, operating, and administering the Regional Fire Protection Agency, including but not limited to the cost of services, supplies, office equipment, and for the salaries and benefits to employ administrative staff as employees or by contract, for the express purpose of providing administrative support for the firefighting equipment, functions, activities, and related services. Administrative staff means non - firefighter positions, which include, but are not limited to, the following administrative type positions: management, fiscal, legal, human resources, information technology, office support, and any other related administrative positions. (e) "Fire protection county service area" (or "fire protection CSA" or "County CSA") means any of the following county service areas within the unincorporated area of the County, including any successors -in -interest to these CSA's, any jurisdictional changes to these Page 2 of 17 CSA's, and any other CSA's not listed here that are established in accordance with applicable law through the county service area statutory process, and including any zones within such County CSA's, as the County established local agencies responsible for providing fire protection services for those unincorporated areas: (1) CSA 107 Elfin Forest (2) CSA 109 Mt. Laguna (3) CSA 110 Palomar Mountain (4) CSA 111 Boulevard (5) CSA 112 Campo (6) CSA 115 Pepper Drive (7) CSA San Pasqua) (8) CSA 135, Zone entitled "San Diego County Regional Fire Authority, contingent upon the approval of the fire protection latent powers for the Zone entitled the "San Diego County Regional Fire Authority" in CSA 135 by the San Diego Local Agency Formation Commission. (f) "Fire protection district" (or "FPD") means any of the following fire protection districts that are located in the unincorporated area of the County, including any successors -in - interest to these districts, any jurisdictional changes to these FPD's, and any other fire protection districts not listed here that are established in accordance with applicable law through the process involving the Local Agency Formation Commission (LAFCO): (1) Alpine FPD (2) Bonita-Sunnyside FPD (3) Borrego Springs FPD (4) Deer Springs FPD (5) Julian Cuyamaca FPD (6) Lakeside FPD (7) Lower Sweetwater FPD (8) North County and North County Rainbow Sub FPD (9) Pine Valley FPD (10) Rancho Santa Fe FPD (1 1) San Diego Rural FPD (12) San Marcos FPD (13) San Miguel and San Miguel — Grossmont FPD (14) Valley Center FPD (15) Vista FPD (g) "Fire protection parcel tax revenues," as these terms are used in Section 96.204 regarding allocation of the tax revenues, mean the actual amount of the parcel tax specified under Section 96.203 that is collected by the County Tax Collector on each taxable parcel for all County taxable parcels per year, and does not include penalties or interest associated with such parcel tax payment. (h) "General tax" (or "general purpose tax") means any tax that can be used for general purposes. These taxes include, but are not limited to, the following: property tax, sales and use tax, utility users' tax, transient occupancy tax, business license tax, and any other taxes that provide revenue to local government agencies to be used for general purposes. Page 3 of 17 (i) "Improvement" means all buildings and structures, as those terms are used in California Revenue & Taxation Code section 105, with a structural design that is measurable in square feet to account for the full square footage of its area, including multiple floors or levels, and which are located on all parcels in the County. (j) "Independent special district" means any of the districts indicated in subdivisions (f) and (o) of this Section. (k) "Parcel" means any parcel of real property located in the County, including any possessory interest, which is subject to ad valorem property taxation and is either identified by a parcel number assigned by the County Assessor's Office for purposes of ad valorem property tax identification, or is identified as State assessed real property. (1) "San Diego Regional Fire Protection Agency" (or "Regional Fire Protection Agency" or "Agency" or "JPA" as used in this Chapter) means the joint powers authority described in Section 96.207 of this Chapter. (m)"Taxable parcel" means land or improvements, or both, which are subject to ad valorem property taxation, and not fully exempt from such property taxation, and which are either: (i) identified by a parcel number according to the official property tax records of the County Assessor, or (ii) identified or treated as a parcel by the State of California for State assessed real property. (n) "Volunteer fire department" (or "VFD") means any of the following volunteer fire departments, including any successors -in -interest to these departments, any jurisdictional changes to these VFD's, and any other volunteer fire departments not listed here that are subsequently established, which are formed for the purpose of providing fire protection services within their respective jurisdictions in the unincorporated area of the County: (1) De Luz Heights VFD (2) Inter -Mountain Fire Rescue (3) Ocotillo Wells VFD (4) Ranchita Fire Rescue (5) Shelter Valley VFD (6) Sunshine Summit VFD Contingent upon the approval by the San Diego Local Agency Formation Commission of the fire protection latent powers for the Zone entitled the "San Diego County Regional Fire Authority in CSA 135, the volunteer fire companies listed above will become part of such Zone in CSA 135, and shall thereafter be part of the County CSA's set forth in subdivision (e) of this Section. (o) "Water district" (or "municipal water district" or "MWD") means any the following water districts, including any successors -in -interest to these districts, any jurisdictional changes to these districts, and any other water districts not listed here that are established in accordance with applicable law, which possess official duties and responsibilities to provide fire protection services within each of their respective jurisdictions in the unincorporated area of the County: (1) Mootamai (2) Pauma (3) Ramona Page 4 of 17 (4) Rincon Del Diablo (5) Yuima SECTION 96.203. FIRE PROTECTION PARCEL TAX. (a) Statement of Purpose and Adoption of County Special Tax. In accordance with the provisions of Article 3.5 (commencing with Section 50075) of Chapter 1 of Part 1 of Division 1 of Title 5, and Section 23207 of the Government Code, a County special tax shall be imposed in the County pursuant to the provisions of this Chapter. This County special tax shall be a tax on all parcels in the County, and is entitled the "fire protection parcel tax." The purposes of the fire protection parcel tax are to raise tax revenues to pay for improved and enhanced regional and local agency firefighting resources and services as described in Section 96.205, and to cover any costs incurred with respect to administrative responsibilities associated with the tax. The proceeds of the fire protection parcel tax shall be applied only to the purposes specified in this subdivision (a). (b) Establishment of Amount of the Fire Protection Parcel Tax. The following amount of the fire protection parcel tax per year, as adjusted in subsequent years pursuant to subdivision (e) of this Section, shall be levied upon every taxable parcel in the incorporated and unincorporated areas of the County. This fire protection parcel tax shall first be levied during fiscal year 2009-10, beginning July 1, 2009, on all taxable parcels as of the January 1, 2009 lien date, and shall be levied for every subsequent fiscal year thereafter, beginning on July 1 of that fiscal year on all taxable parcels as of the January 1 lien date for that fiscal year. PARCEL AMOUNT OF FIRE PROTECTION CATEGORY PARCEL TAX PER YEAR TAXABLE PARCELS WITH IMPROVEMENTS Parcels with improvements up to 10,000 sq. ft. and up to 50 acres: $52.00 per parcel Parcels with improvements greater than 10,000 sq.ft. and/or greater than 50 acres: $52.00 per parcel + $ .01 per square foot for each square foot of improvements that is greater than 10,000 square feet + $ 1.00 per acre for each acre on a parcel that is greater than 50 acres TAXABLE PARCELS WITH NO IMPROVEMENTS Parcels up to 50 acres: $52.00 per parcel Parcels greater than 50 acres: $52.00 per parcel + $ 1.00 per acre for each acre on a parcel that is greater than 50 acres ALL PARCELS Maximum Annual Fire Protection Parcel Tax for All Parcels $1,000 per parcel Page 5 of 17 (c) Time -Share Fractional Ownership Interests. The category of "Taxable Parcels with Improvements" includes time-share units assigned parcel numbers by the San Diego County Assessor, which are owned by taxpayers based on a fractional ownership interest. The application of the $52 per parcel per year fire protection parcel tax shall be prorated for the time-share unit because of the fractional ownership interest of the time-share unit. The prorated amount of fire protection parcel tax, using a standard one -week ownership interest, to be levied on a time-share unit, shall be $1.00 per time-share unit per year. The levy of $1.00 per time-share unit per year shall apply to all time-share units assigned parcel numbers, which are owned by taxpayers based on a fractional ownership interest, regardless of the size of the fractional ownership interest. A building, complex, or structure that includes multiple time-share units, for which there is one owner of record for the multiple time-share units for property tax purposes, shall be subject to the fire protection parcel tax described above for "Taxable Parcels with Improvements." (d) Assessees of Real Property on State Assessed Real Property. Any assessee of real property, who is required to pay ad valorem property taxes on real property that is assessed by the State of California (i.e., not assessed by the County Assessor), shall annually certify to the County Assessor the full square footage of any improvement (as defined in Section 96.202(i)) on the assessee's real property that is assessed by the State for purposes of ad valorem property taxation. The County Assessor shall notify assessees of the need to file the annual certification, which shall be filed with the County Assessor on a form approved by the Assessor, no later than close of business on August 1 of each calendar year. The certification shall identify each parcel of the assessee that is assessed by the State, and for each parcel the assessee shall indicate whether the particular parcel contains an improvement or improvements. If a parcel contains an improvement or improvements, the assessee must indicate the total square footage size of each separate improvement on that parcel. (e) Amount of Fire Protection Parcel Tax Subject to Consumer Price Index Annual Adjustment. The amount of the fire protection parcel tax specified in subdivision (a) of this Section, including the additional amounts for improvements and parcels and the maximum cap, as adjusted pursuant to this subdivision, shall be adjusted each fiscal year commencing 2010-11 by the Consumer Price Index for San Diego County. The annual increase or decrease of the parcel tax amount for each fiscal year shall be based upon the cost of living, as of the January 1st immediately preceding the commencement of the applicable fiscal year, as shown by the then current Bureau of Labor Statistics Consumer Price Index (CPI) for Ali Urban Consumers for the San Diego County area. The CPI authorized in this subdivision shall be applied to the amount of the fire protection parcel tax, including the additional amounts for improvements and parcels and the maximum cap, as adjusted, that officially existed as of the June 30 date immediately prior to the July 1 date of the fiscal year in which the CPI adjustment will take effect. Pursuant to this subdivision, the County Auditor & Controller shall apply the annual CPI adjustment, and calculate the amount of the increase or decrease to all elements of the fire protection parcel tax to be levied for each new fiscal year. (f) Duration of Tax: Thirty (30) Years. The fire protection parcel tax shall remain on the tax roll for thirty (30) years, and shall expire as of the end of that thirty (30) year period. The final fiscal year the fire protection parcel tax shall be in effect shall be FY 2038-39, and Page 6 of 17 (g) the parcel tax shall not be applicable during FY 2039-40, commencing July 1, 2039, unless this tax is extended by voter approval. Administration of Fire Protection Parcel Tax. The County Assessor shall provide to the County Auditor & Controller a list of parcels subject to the fire protection parcel tax. To the extent feasible, the information should be transmitted electronically no later than August 15 and in the format specified by the Auditor. The fire protection parcel tax shall be collected at the same time and in the same manner, and shall be subject to the same rules regarding penalties and interest for late payments, as are ad valorem property taxes. In addition, the times and procedures regarding exemptions, due dates, installment payments, corrections, cancellations, refunds, late payments, penalties, interest, liens and collections for secured roll ad valorem property taxes shall he applicable to the fire protection parcel tax, as determined by the County Assessor, Auditor & Controller, and Tax Collector for purposes of administrative efficiency and convenience. The secured roll tax bill shall be the only notice required for any fire protection parcel tax levied. The fire protection parcel tax revenues shall be deposited in a special account, established by the County Auditor and Controller, for subsequent allocation as required by Section 96.204. The timing of the allocations of the fire protection parcel tax revenues shall be similar to the allocations of the ad valorem property tax revenues that the Auditor & Controller makes to other government entities. Any penalties or interest associated with the fire protection parcel taxes shall be retained by the County to be used to pay for the reasonable costs incurred by the County for the administration of the fire protection parcel tax, and to the extent that the penalties and interest exceed such costs on an annual basis, the excess shall be used by the County in support of fire prevention, protection, or suppression efforts and services. SECTION 96.204. ALLOCATION OF FIRE PROTECTION PARCEL TAX REVENUES. (a) Allocation of Fire Protection Parcel Tax Revenues for Regional Purposes. The County Auditor & Controller shall make the following allocation of fire protection tax revenues to the Regional Fire Protection Agency at a similar time and in a similar manner that the Auditor & Controller allocates ad valorem property taxes to other entities: (1) Fifty percent (50%) of the fire protection parcel tax revenues that are collected each fiscal year shall be allocated to the Regional Fire Protection Agency, except as indicated below in subparagraph (2) in the first fiscal year of the tax. (2) For the first fiscal year of the tax, 2009-10, one hundred percent (100%) of half of the estimated parcel taxes to be collected for the full fiscal year shall first be allocated to the Agency with the initial allocations that are made by the Auditor & Controller. At the end of the fiscal year, the Auditor & Controller shall make any necessary adjustments to the allocations to ensure that the Agency and the group of local agencies each have been allocated 50% of the total fire protection parcel tax revenues collected for that fiscal year. (3) If the Regional Fire Protection Agency has not yet been established pursuant to a joint powers agreement by the time that the Auditor & Controller is prepared to allocate the regional share of the parcel tax revenues to the Agency, the portion of Page 7 of 17 the County's parcel taxes that are to be allocated to the Agency shall be held by the County in a special account until such time that the Agency is created. (b) Allocation of Fire Protection Parcel Tax Revenues for Local Purposes. The Auditor & Controller shall make the following allocations of fire protection tax revenues to the local agencies designated in subdivision (c) of this Section at a similar time and in a similar manner that the Auditor & Controller allocates ad valorem property taxes: (1) Fifty percent (50%) of the fire protection parcel tax revenues that are collected each fiscal year shall be allocated to the local agencies, except as indicated below in subparagraph (2) in the first fiscal year of the tax. (2) For the first fiscal year of the tax, 2009-10, one hundred percent (100%) of half of the estimated parcel taxes to be collected for the full fiscal year shall be allocated to the local agencies after the Auditor & Controller makes the allocations to the Agency required under subdivision (a)(2) of this Section. At the end of the fiscal year, the Auditor & Controller shall make any necessary adjustments to the allocations to ensure that the Agency and the group of local agencies each have been allocated 50% of the total fire protection parcel tax revenues collected for that fiscal year. (3) For a city or independent special district to be eligible to receive its local share of fire protection parcel taxes on the tax roll for a particular fiscal year, the city or an independent special district must join the Regional Fire Protection Agency prior to July 1 of that fiscal year. (c) Designation of Local Agencies to Receive Fire Protection Parcel Tax Revenues for Local Purposes. Except as provided in subdivision (d) of this Section, the Auditor and Controller shall make the local agency allocations specified in subdivision (b) of this Section to the following local agencies that are responsible for providing and do provide fire protection services, either directly or through a contract with another agency to provide fire protection services: (1) Each city within the County, which elects to become a member agency of the San Diego Regional Fire Protection Agency. (2) Each fire protection district designated in Section 96.202 (f), which elects to become a member agency of the San Diego Regional Fire Protection Agency. (3) County, on behalf of the fire protection county service areas and volunteer fire departments designated in Section 96.202 (e) and (n). (4) Each water district designated in Section 96.202 (o), which elects to become a member agency of the San Diego Regional Fire Protection Agency. (d) Allocation of Fire Protection Parcel Tax Revenues to Local Agencies Determined by Type of Jurisdiction in which Parcel is Located. The allocation of fire protection parcel tax revenues to local agencies pursuant to subdivision (b) of this Section shall be Page 8 of 17 determined by the type of fire protection jurisdiction in which the parcel is located, in accordance with the following conditions: (1) Parcels Located in a Local Agency Jurisdiction. Fire protection parcel tax revenues. which are collected with respect to a parcel located in one of the local agency jurisdictions specified in subdivision (c) of this Section, shall be allocated to the local agency in which the parcel is located. (2) Parcels Located in a City or an Independent Special District that is Not a Member of Agency. Fire protection parcel tax revenues, which are collected with respect to a parcel located in a city or an independent special district that is not a member agency of the Regional Fire Protection Agency by the time specified under Section 96.204 (b) (3), shall be allocated to the Regional Fire Protection Agency for regional purposes. (3) Parcels Located in More Than One Local Agency Jurisdiction. Fire protection parcel tax revenues, which are collected with respect to a parcel located within more than one jurisdiction of the local agencies specified in subdivision (c) of this Section, shall be allocated to the local agency that is responsible for providing and does provide fire protection services, either directly or by contracting with another agency to provide fire protection services, for the particular parcel. (4) Parcels Located in Federal or State Jurisdiction. Fire protection parcel tax revenues, which are collected with respect to a parcel that is not located in any of the jurisdictions of the local agencies specified in subdivision (c) because it is located in a federal, state, or other jurisdiction, shall be allocated to the Regional Fire Protection Agency for regional purposes. SECTION 96.205. AUTHORIZED USES OF FIRE PROTECTION PARCEL TAX REVENUES. (a) Authorized Uses of Fire Protection Parcel Tax Revenues for Regional Purposes. The fire protection parcel tax revenues allocated to the Regional Fire Protection Agency for regional purposes shall be used solely for fire protection equipment, firefighting and related services as defined in Section 96.202 (d) for the purposes described in Section 96.207 (b) of the Agency. (b) Cap on Regional Fire Protection Agency Administrative Expenses. The Regional Fire Protection Agency shall be limited to expending no more than ten percent (10%) of its annual allocation of fire protection parcel tax revenues on administrative expenses on an annual basis. The terms "administrative expenses" are defined under Section 96.202 (d) (4). (c) Authorized Uses of Fire Protection Parcel Tax Revenues for Local Agency Purposes. The fire protection parcel tax revenues allocated to a local agency for local purposes pursuant to Section 96.204 shall be used solely to pay for fire prevention, protection, and suppression purposes, emergency medical services, search & rescue services, and any other fire and emergency related expenses that are part of the responsibilities of the local agency's fire department or district. The fire protection parcel tax revenues Page 9 of 17 allocated pursuant to this subdivision shall not be used to replace other private developer funding for fire protection purposes that has been or will be committed for any project. SECTION 96.206. MAINTENANCE OF EFFORT REQUIREMENT (a) Maintenance of Effort (MOE) Requirement: Non -Supplantation Rule. It is the intent of the voters that the local agencies designated in subdivision (c) (I), (3) and (4) of Section 96.204, which are allocated fire protection parcel tax revenues for local purposes, must augment, and not supplant, existing local revenues being used by such local agency for the purposes set forth in Section 96.205 (c), in accordance with this Section. (b) Establishment of Annual MOE Applicable to Expenditures for Fire Protection Purposes. The local agencies that are subject to the MOE requirement by subdivision (a) of this Section shall annually make local agency fire protection expenditures (not including the fire protection parcel tax revenues authorized by this Chapter) for the purposes described in Section 96.205 (c), beginning FY2009-10, in an amount that is no less than each annual MOE requirement. The County's annual local agency fire protection expenditures include those expenditures made on a countywide basis, and are not limited to expenditures for the CSA's and VFD's. For purposes of this Section, local agency expenditures for the purposes described in Section 96.205 (c) shall be referred to as "local agency fire protection expenditures." The "local agency fire protection expenditures" shall not include any payments for capital improvements or assets where the source of such payments is from a bond, debt, or certificate of participation issuance to finance the construction or acquisition of such improvements or assets. The annual debt service required by the bond issuance shall be included as "local agency fire protection expenditures" within the meaning of this Section. In addition, some flexibility in accounting for spikes in expenditures would be consistent with the intent of ensuring that the local agencies do not supplant funds spent on local agency fire protection expenditures with the fire protection parcel tax revenues. Therefore, one-time local agency fire protection expenditures that were the result of "banking" general fund monies and subsequently expending those funds during the fiscal years for computing the average amount of the base year MOE may be isolated and removed so that the MOE is representative of a normal annual spending level, subject to the review by the Independent Taxpayer Oversight Committee and County Auditor & Controller. (I) Establishment of Base Year MOE. For cities and water districts, the base year MOE shall be the average amount of local agency fire protection expenditures of that local agency's general tax revenues, which were spent for the purposes described in Section 96.205 (c) over the following three fiscal years 2005-06, 2006-07, and 2007-08. For the County, the base year MOE shall be $15.5 million, which covers all components of the County Fire Enhancement Program. The base year MOE requirement shall be applicable in fiscal year 2009-10. (2) Adjustments to the MOE. The base year MOE level as determined in subparagraph (1) above shall be subject to an adjustment each year, commencing fiscal year 2010-2011. The adjustment shall be based on the rate of increase or decrease in the general tax revenues of each local agency that is subject to the MOE requirement. The rate of increase or decrease shall be determined by Page 10 of 17 calculating the percentage increase or decrease in that local agency's general tax revenues over the two fiscal years immediately prior to the fiscal year in which parcel tax funds are to be allocated. [For example, for purposes of determining the adjustment to the MOE that will be applicable in fiscal year 2010-11, the percentage increase or decrease in general tax revenues is determined by comparing the general tax revenues received in fiscal year 2008-09 to the general tax revenues received in 2009-10. The then existing maintenance of effort level shall be adjusted by this percentage rate of increase or decrease in order to establish the adjusted minimum MOE requirement applicable in FY 2010-11.] (3) Local Agency Certification of Compliance with MOE. The County Auditor & Controller shall not allocate, in any fiscal year, tax revenues pursuant to Section 96.204 (b) to a local agency that is subject to the MOE requirement until that local agency has certified to the Auditor & Controller that it has established and will maintain appropriations in its budget for the purposes described in Section 96.205 (c), in an amount of funding at least equal to the minimum MOE required by this Section. The Auditor & Controller shall establish the time by which the certification must be made by a local agency, and may develop the form upon which the certification is to be made by a local agency. (4) Annual Independent Audit. An annual independent audit shall be conducted to verify that the MOE requirement for each local agency (subject to the MOE requirement) was met in the fiscal year in which parcel tax funds are to be allocated. The annual independent audit shall be arranged by the County Auditor & Controller. Each local agency will be responsible for payment of the independent audit that is conducted for its agency. (5) Reduction of Parcel Tax Revenue Allocation If MOE Not Met. Any local agency that does not meet its MOE requirement in any given fiscal year shall have its local share funding reduced by the County Auditor & Controller in the following fiscal year by the amount by which the local agency did not meet its minimum maintenance of effort level requirement. (6) Local Agency Request for More Time to Meet MOE. In the event that special circumstances prevent a local agency from meeting its MOE requirement, the local agency may request up to three additional fiscal years to fulfill its requirement. Such a request must be presented to the Agency for consideration, and the Agency, upon a finding of substantial evidence that special circumstances justifiably prevented the local agency from meeting its MOE requirement, shall permit the local agency additional time, not to exceed three fiscal years to meet its minimum MOE requirement. During this period of time, the local agency shall continue to receive its full allocation of fire protection parcel tax revenues pursuant to Section 96.204 (b). (7) Consequences for Failing to Satisfy MOE During Extension Period. If a local agency fails to meet its MOE requirement as provided in this Section, or by the end of the period, if any, granted by the Agency, the Auditor & Controller, in the fiscal year immediately following the end of the period required by this Section or by the end of the period granted by the Agency, shall reduce that local agency's Page 11 of 17 parcel tax allocation by the amount by which the local agency did not meet its MOE requirement. (8) Redistribution of Local Share of Fire Protection Parcel Tax Revenues to Regional Fire Protection Agency for Regional Purposes. Any fire protection parcel tax revenues not allocated to a local agency due to that local agency's failure to meet the MOE requirement shall be allocated to the Regional Fire Protection Agency for regional purposes. SECTION 96.207. SAN DIEGO REGIONAL FIRE PROTECTION JOINT POWERS AGENCY. (a) Establishment of the San Diego Regional Fire Protection Agency. The San Diego Regional Fire Protection Agency, a joint powers authority, shall be established by agreement between the County and each city within the County, electing to become member agencies of the Regional Fire Protection Agency. (b) Purposes of the Regional Fire Protection Agency. The Agency's purposes include, but are not limited to, the determination of the appropriate use of the fire protection parcel tax revenues for regional purposes, the administration of the use of such parcel tax revenues pursuant to the provisions of this Chapter and the joint powers agreement entered into among the member agencies. The joint powers agreement entered into by the member agencies may specify further purposes of the Agency consistent with the intent of this Chapter. (c) Membership of Regional Fire Protection Agency. The Regional Fire Protection Agency shall consist of the County and, if they elect to join the Agency, the cities, and independent special districts designated in subdivision (j) of Section 96.202, as member agencies. The actual number of member agencies of the Agency will be based upon which cities and independent special districts elect to become member agencies of the Regional Fire Protection Agency pursuant to the joint powers agreement that creates the Regional Fire Protection Agency. (d) Governing Body of Regional Fire Protection Agency. The Agency shall be governed by a board of directors consisting of ten (10) voting members, and up to five (5) non -voting members, who shall be as follows: (1) One member of the County Board of Supervisors, who shall be from one of the two supervisorial districts that encompass most of the unincorporated territory of the supervisorial districts, shall serve on the board of directors. The Board of Supervisors shall select the Supervisor to serve on the board of directors. The Board of Supervisors also shall select one of the Supervisors to serve as an alternate member on the board of directors in the absence or disqualification of the Supervisor serving on the board of directors. (2) One member from the City of San Diego shall serve on the board of directors. The member on the board of directors from the City shall be the current sitting Mayor. In lieu of the Mayor sitting as a member on the board of directors, the Mayor may name a designee to serve on the board of directors, who shall be Page 12 of 17 (3) one of the City Council members from the City. The City Council may determine, in its own discretion, whether it shall require the Mayor's designee, if any, to be approved by the City Council to serve on the board of directors. The San Diego City Council shall select one of its members to serve as an alternate member on the board of directors in the absence or disqualification of the Mayor, or his designee, serving on the board of directors. Four (4) members from four different cities of the remaining seventeen cities shall serve on the board of directors. The four city representatives shall be elected members of their respective city councils, and shall be selected by the City Selection Committee to serve on the board of directors. The City Selection Committee also shall select four (4) city council members to serve as an alternate on the board of directors in the absence or disqualification of the each one of the primary members serving on the board of directors. The City Selection Committee shall select the four city representatives and four alternates from cities in the North Coastal, North Inland, East, and South areas of the County. The alternate members do not need to be from the same city council of the primary member for whom the city council member is serving as an alternate. (4) Four (4) members from four of the independent special districts specified in Section 96.202 (j) shall serve on the board of directors. These members shall be elected members from the governing bodies of the independent special districts, and who shall be selected by all the independent special districts in a manner to be determined by the independent special districts. The independent special districts also shall select an alternate member for each of the regular members serving on the board of directors, who shall serve in the absence or disqualification of the regular member of the board of directors. The alternate members shall be elected members of the governing bodies of the independent special districts, but need not be from the same independent special districts of the main members on the board of directors. (5) Five (5) non -voting members shall serve on the board of directors. Each non- voting member shall be a representative of one of the following: Cal Fire, the U.S. Forest Service, one of the Indian Reservation Fire Departments, the U.S. Navy, and the U.S. Marines. Each representative from Cal Fire and the U.S. Forest Service shall be selected by his/her respective agency. The representative of the Indian Reservation Fire Departments shall be selected by the Indian Reservation Fire Departments in a manner to be determined collectively by all the Indian Reservation Fire Departments in the County. Each representative from the Navy and the Marines shall be selected in a manner to be determined by that respective branch of the military stationed in the County. Cal Fire, the U.S. Forest Service, the Indian Reservation Fire Departments, the Navy, and the Marines each shall select one alternate member, who shall serve as a non -voting member on the board of directors in the absence or disqualification of the regular non -voting member selected to serve on the board of directors. The joint powers agreement that establishes the Regional Fire Protection Agency may provide for additional non -voting members. Page 13 of 17 (6) Term as Member of Board of Directors. Each member of the board of directors shall serve an indefinite term. Except with respect to the Mayor of the City of San Diego, members of the board of directors may be removed at the pleasure of the member's appointing body. In addition, if a member on the board of directors ceases to hold the office that qualified the member to serve on the board of directors, the member's position shall automatically become vacant. The appointing body for that vacancy shall select a member to fill the vacant position. (e) Powers of the Agency. The Agency's powers shall include, but not be limited to, the following: (I) To expend special tax revenue for regional fire protection purposes specified in this Chapter. (2) To appoint a technical advisory committee consisting of firefighting professionals to monitor and make recommendations to the board of directors and Agency staff as to the purchase, lease, maintenance and operation of firefighting aircraft and other equipment. (3) To issue bonds, notes or other evidences of indebtedness to finance the (i) acquisition of firefighting equipment, including, but not limited to, aircraft, including helicopters and airplanes, specially equipped to fight fires and provide emergency services, (ii) trucks, (iii) communications equipment for public safety purposes, (iv) purchase of real property, (v) construction of facilities and (vi) and other related firefighting equipment, or to engage in temporary borrowing to pay for the operation of the Agency until sufficient special tax money has been received. The Agency may pledge special tax revenue in order to secure any financing. (4) To acquire by purchase, lease or otherwise, one or more firefighting aircraft, including helicopters and airplanes, specially equipped to fight fires and provide emergency services, trucks, communications and related firefighting equipment. (5) To maintain and operate, or to contract for the maintenance and operation of such firefighting aircraft, trucks, communications, and related equipment. (6) To adopt a budget. (7) To employ personnel, or enter into contracts with independent contractors, as needed to carry out the purposes and powers of the Agency. The board of directors may delegate to its staff, subject to board adopted rules and regulations, the authority to manage the day-to-day operations of the authority including purchases of equipment and execution of contracts. Page 14 of 17 (8) To contract with other cities, independent special districts, tribal reservations and other entities for the purpose of the Agency performing all or a portion of the firefighting duties and responsibilities for such entities. (9)' To engage in regional firefighting training programs, and to provide firefighting training to its personnel or to others in order to enhance the overall firefighting effectiveness in the County of San Diego. (10) To sue and be sued. (11) The Agency shall provide its services within the entire territory of the County, incorporated and unincorporated. (12) Such other powers, which are consistent with the intent of this Chapter, as may be specified in the Joint Powers Agreement establishing the Agency, including, but not limited to, the power to accept grants, appoint or employ staff, acquire by purchase or lease fire protection equipment, and contract for services. (13) To exercise any power necessary and convenient to carrying out the powers specified in this part. (14) No member on the board of directors of the Regional Fire Protection District Agency shall receive any per -diem payments or mileage reimbursements for serving on the board of directors. (f) Treasurer and Auditor of the Agency. The treasurer of the Agency shall be the County Treasurer -Tax Collector and the auditor of the Agency shall be the County Auditor & Controller. The Agency shall pay the Treasurer -Tax Collector and the Auditor & Controller for their services at their respective full cost recovery rates. The joint powers agreement establishing the Agency shall provide that legal services may be provided by County Counsel, or by private counsel retained by the Agency. The retention of legal counsel shall be pursuant to a legal services agreement approved by the Agency's board of directors. The Agency shall pay the County Counsel and the private counsel for legal services based upon their respective hourly billable rates. SECTION 96.208. INDEPENDENT TAXPAYER OVERSIGHT COMMITTEE (a) Establishment of the Independent Taxpayer Oversight Committee. An Independent Taxpayer Oversight Committee (ITOC) shall be established by the Board of Supervisors as an advisory body for the purpose of providing appropriate oversight and accountability over the allocation and use of the fire protection parcel taxes for regional and local purposes. At the time the Board of Supervisors establishes the ITOC, the Board of Supervisors, pursuant to the provisions in this Section, shall provide for the ITOC's membership, selection of the ITOC members, and duties and responsibilities, and in addition, may provide for any other provisions that are reasonable or necessary to the establishment of the ITOC. Page 15 of 17 (b) Membership and Selection of ITOC. The ITOC shall consist of five (5) members of the public. The five members shall be appointed by the Board of Supervisors based upon a nomination from each member of the Board of Supervisors of a member of the public who resides within the Supervisorial District of that Board member. The Board of Supervisors may establish criteria for members to be qualified to serve on the ITOC, and such criteria may include, but not be limited to, experience and/or expertise in fiscal, accounting, auditing, executive, management, public accountability, or community leadership positions. (c) Duties and Responsibilities of ITOC. The Board of Supervisors also shall establish the number of times the ITOC shall meet during a year, the timing of reports that are to be provided to the Board of Supervisors per year, and the duties and responsibilities of the ITOC, which may include, but not be limited to: (I) the review of each agency's compliance with the maintenance of effort requirement; (2) the review of the expenditure and use of the fire protection parcel taxes by the Regional Fire Protection Agency for regional purposes and the local agencies for local purposes; (3) the development of recommendations to improve the financial integrity on the use of the parcel taxes, which recommendations shall be reported to the Board of Supervisors in a notice public meeting; and (4) any other duties and responsibilities that will enhance the level of accountability and fiscal integrity with respect to the expenditure and use of the fire protection parcel tax revenues. SECTION 96.209. PARCEL TAX APPEAL PROCESS A property owner, who has paid a fire protection parcel tax levied upon a parcel, may file a parcel appeal challenging the accuracy of the tax with the County Assessor. Property owners who file parcel tax appeals may provide any evidence or information in support of their parcel tax appeals. The Assessor's Office shall review the parcel tax appeal, including the factors upon which the fire protection parcel tax was applied to the parcel. The purpose and function of the parcel tax appeal process will be to correct or adjust any application of the parcel tax so that such application of the parcel tax is consistent with the principles, intent, and parameters of the provisions set forth in this Chapter. The Assessor's Office may receive evidence, information and explanation, if necessary, from the offices of the County Auditor & Controller and Treasurer -Tax Collector with respect to the application of the parcel tax to a parcel. If after proof has been supplied by the property owner and after a full review by the Assessor's Office, the Assessor's Office finds that the fire protection parcel tax for the parcel was applied in error, and requires an adjustment, the Assessor shall inform the Auditor & Controller to make the necessary adjustments to correct the tax roll, and the Auditor & Controller shall correct the tax roll, for the parcel for the fiscal year(s) which requires adjustment. The determination by the County Assessor on all parcel.tax appeals pursuant to this Section shall be final. Page 16 of 17 SECTION 96.210. AMENDMENTS. (a) Board of Supervisors Authorized to Make Designated Amendments. Except as provided in subdivision (b) of this section that reserves to the voters the right to amend this Chapter, the Board of Supervisors, with the concurrence of the San Diego Regional Fire Protection Agency, may amend this Chapter in a manner that is consistent with and in furtherance of the purpose and intent of this Chapter. (b) Voter Approval Required to Make Designated Amendments. Voter approval is required to make any amendments to this Chapter with respect to any of the following: (1) Increase the amount of the fire protection parcel tax, as adjusted by the annual adjustment, established and authorized pursuant to subdivisions (a) and (b) of Section 96.203. (2) Increase the amount of the annual adjustment established under subdivision (e) of Section 96.203. (3) Increase the duration of the parcel tax required under subdivision (f) of Section 96.203. (4) Expand the purposes for which the revenues from the special tax may be expended beyond the description set forth in subdivision (a) of Section 96.203. (5) Change the fire protection parcel tax allocation provisions set forth in subdivisions (a), (b), and (c) of Section 96.204. (6) Change the provisions set forth in this subdivision (b) concerning what amendments are reserved to the voters to approve. Section 3. Severability. If any portion of this Ordinance shall be declared unconstitutional, invalid or otherwise unenforceable, the other provisions of this Ordinance shall remain in full force and effect to the extent the purposes of this Ordinance as set forth in Section can still be carried out. Section 4. Effective Date. Pursuant to Government Code section 25123, this Ordinance involves a rate of taxes to be levied, and if approved by the voters on Tuesday, November 4, 2008, shall take effect on Wednesday, November 5, 2008. Section 5. Operative Date. This Ordinance shall become operative on January 1, 2009. Page 17 of 17 City of National City, California COUNCIL AGENDA STATEMENT METING DATE September 2, 2008 AGENDA ITEM NO. 4 ITEM TITLE A Resolution of the City Council of the City of National City approving Change Order Number Two to Koch -Armstrong General Engineering, Inc. for the National City Street Resurfacing Project, FY 08-09 (Phase 2), in the amount of $16,517 for resurfacing the Kimball Park tennis/basketball courts to accommodate the skate park conversion project and authorizing the City Engineer to sign the change order. (Funded through Parks and Recreation Capital Outlay 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: Finance Director The total amount for the work is $16,517.00. Funds will be available from Account No. 115-409-500-598- 4128. Total project appropriation will be $153,312.76. Account No. STAFF RECOMMENDATION d•,•t t Resolut = OARD / CO MIS ON RECOMMENDATION N/A ATTACHMENTS (Listed Below) 1. Resolution 2. Change Order #2 Proposal/Recommendation SPEC 08-04 Resolution No. A-200 (Rev. 7/03) RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO EXECUTE CHANGE ORDER NO. TWO WITH KOCH-ARMSTRONG GENERAL ENGINEERING, INC., FOR THE NATIONAL CITY STREET RESURFACING PROJECT, FY 08/09 (PHASE 2), IN THE AMOUNT OF $16,517 FOR THE RESURFACING OF THE KIMBALL PARK TENNIS/BASKETBALL COURTS TO ACCOMMODATE THE SKATE PARK CONVERSION PROJECT WHEREAS, on June 17, 2008, the City Council adopted Resolution 2008-107, which awarded a contract in the amount $ 5,327,000 to Koch Armstrong General Engineering, Inc., for the National City Street Resurfacing Project; and WHEREAS, Change Order No. 2 in the amount of $16,517 provides resurfacing of the Kimball Park tennis/basketball courts to accommodate the Skate Park Conversion Project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Engineer to execute Change Order No. 2 with Koch Armstrong General Engineering, Inc., in the amount of $16,517 for resurfacing of the Kimball Park tennis/basketball courts to accommodate the Skate Park Conversion Project. PASSED and ADOPTED this 2nd day of September, 2008. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Ron Morrison, Mayor EXPLANATION On June 17, 2008, the project was awarded to Koch -Armstrong General Engineering, Inc. for a total amount of $5,327,000 for the National City Street Resurfacing Project. The Notice to Proceed start date was June 30, 2008. This project included Cold Milling, Leveling Course, Asphalt Rubber Aggregate Membrane (ARAM), Asphalt Rubber Hot Mix (ARHM), Type II Slurry Seal, Removal and Replacement of Asphalt over Class II Base, Removal and Replacement of Asphalt only, Crack Filling, Removal and Replacement of Sidewalk, Removal and Replacement of Curb Only, Removal and Replacement of Curb and Gutter, Removal and Replacement of Driveway, and other related work. In order to accommodate the proposed Skate Park Facility installation in the southwest section of Kimball Park, the tennis/basketball courts cleaning, repair, and resurfacing are proposed to be added into the current street resurfacing project (Phase II). Staff is recommending the approval of Change Order Number Two in the amount of $16,517 to resurface the Kimball Park tennis/basketball courts as part of the current calendar year's street resurfacing Project (Phase 2). Funding will be through Parks and Recreation Capital Outlay Funds. City of National City National City Streets Resurfacing Project Project #08-04 CHANGE ORDER (C/O) CO #2 Contractor: KOCH-ARMSTRONG August 11, 2008 A Change Order is hereby recommended for the following work in the amount identified below: Description_ of Change in the Contract This Change Order will ADD at the Kimball Park tennis/basketball courts, the cleaning and repairing (patching with supercrete) of the concrete surface and placement of Sport Master Surface, "In -Line Skate", (two coats), color gray. Work shall be completed by August 15, 2008. Cost Reconciliation Costs were reviewed by the City Project Manager and negotiated with the Contractor. Construction Contract Accounting Summary Original Contract Amount: Net change by previously authorized Change Orders: Contract amount prior to this Change Order: Amount of this change order: New contract amount: 5,327,000.00 4,991.00 5,331,991.00 16,517.00 $ 5,348,508.00 Original contract time (calendar days): 90 Previously approved additional working days: 0 Additional working days for this change order: 0 Original contract completion date: 9/30/08 New contract completion date: Approved by: Principal Civil Engineer Project Manager ssociates Koch -Armstrong General Engineering, Inc. ity Engin CC: Co struction File Koch -Armstrong Date /VD% Date Date Date KOCH-ARMSTRONG GENERAL ENGINEERING, INC. P.O. BOX 1190, LAKESIDE, CA 92040-0906 TEL: (619) 561-2005 FAX: (619) 561-0317 LICENSE 194819-A CHANGE ORDER PROPOSAL #18 KIMBALL PARK SKATEBOARD SURFACE IMPROVEMENTS PAGE 1 OF 1 (REVISION 1 8-11-081 TO NATIONAL CITY STREET RESURFACING FY 06-07 _ ATTN. BYRON WADE 1243 NATIONAL CITY BLVD TEL: (619) 336-4380 NATIONAL CITY , CA 91950 FAX. (619) 336 4397 EMAIL. byronwadel@mac com DATE 8/1172008 We propose to furnish all labor, material, and equipment necessary to perform the following items of work, subject to terms and conditions stated. This quotation expires 30 days from the date above and is good for work completed within one year of date above unless otherwise noted. JOB LOCATION KIMBALL PARK- AT EAS T END OF 151h STREET ENTRANCE IDENTIFIED NATIONAL CITY STREET RESURFACING CHANGE ORDER PROPOSAL #18- KIMBALL PARK SKATEBOARD SURFACE IMPROVEMENTS ITEM DESCRIPTION APPROX. QUANTITY UNIT UNIT PRICE TOTAL 1 REPAIR AND RESURFACE EXISTING CONCRETE SURFACE PER: 1 LS 14000.00 1.1 PROPOSAL FROM FERANDELL TENNIS COURTS, INC INCLUDING BUT NOT LIMITED TO 1 PAGE ALL CONDITIONS, AGREEMENTS, INCLUSIONS, EXCLUSIONS, MATERIAL AND ALL OTHER ITEMS STIPULATED IN PROPOSAL 1.2 "SPORT MASTER SPORT SURFACES" BROCHURE 4 PAGES 1.3 "SPORT MASTER SPORT SURFACES" SPECIFICATIONS 2 PAGES KOCH-ARMSTRONGS MARKUP 15% 2100.00 BOND COST 1 LS 242.00 LUMP SUM TOTAL 1 LS 16342.00 2 TRAFFIC CONTROL PER ITEM tt9 OF FERANDELL PROPOSAL :INCLUDES CONES, SIGNS AND 1 LS 175.00 PLACING OF 'NO PARK' SIGNS FOR THE CLOSURE OF SOUTH STALLS FOR 5 DAYS. TOTAL CHANGE ORDER PROPOSAL 16517.00ff TERMS: � C^ 4-4 4_ C -% .._ 1 INCLUDES ONE MOVE IN. PREVAILING WAGES, BOND COST. !,,, 2 EXCLUDES ADJUSTING UTILITIES. NIGHT/WEEKEND/HOLIDAY WORK DAYS. DOORKNOB NOTICES, ANY WORK/LABOR/ MATERIALS OR ITEM NOT SPECIFICALLY STATED IN QUOTE. 3 OWNER TO CHOOSE COLOR FORM BROCHURES 4 BROCHURE AND TESTING INFORMATION (SPECIFICATIONS) ATTACHED AND INCLUDED AS A COMPONENT OF THIS QUOTE A ---I :ONDI TIONS Does not include permits. bonds any form of englneenng(stakiny, testing inspection, etc 1, base under concrete, redwood headers. striping llafbc control. or utility adµrstmenl unless otherwise specified ! Monthly Progress Payments and Full Payment upon completion Accounts are delinquent after 30 days, and they are sub(ecl to the maximum finance charge allowable by law 1 Work to be done ire accordance with plans specifications and quantities identified above Koch•Armslrong General Engineering Inc shall be notified in writing poor to any proposed changes I Subgrade to be taken from 1.1. 10' to balance and at or below optimum moisture before Koch -Armstrong General Engineerng Inc begins work unless otherwise specified i Any unusual conditions of subsoil encountered, such as buried slabs underground piping. trash deposits, etc shalt be deemed cause for additional charges i. Required California Prekmmary Lien information (California Civil Code Section 305713098} shall be provided to Koch -Armstrong General Engineering, Inc before work begins Subject to Credit Approval and verification of California Preliminary Lien information I Class 2 material if included is 314- recycled (:ass 2 per Caltrans Standard Specification Section 20 unless otherwise noted \cceptance: Please sign and return one copy this quotation constitutes the sole and only agreement Any prior agreements. negotiations, etc not set forth herein are of no force or effect =irm: NATIONAI CITY STREET RESURFACING FY 06 07 3y: By: KOCH-ARMSTRONG GENERAL ENGINEERING, INC. Date FRANK HERRFRA 8/11/08 City of National City, California COUNCIL AGENDA STATEMENT ,EETING DATE September 2, 2008 AGENDA ITEM NO. 5 (ITEM TITLE A Resolution of the City Council of the City of National City approving Change Ord ler Number Five to Koch -Armstrong General Engineering, Inc. for the National City Street Resurfacing Project FY 08-09 (Phase 2) in the amount of $12,040 for installation of seven mounted project signs at strategic locations for public relations notification and authorizing the City Engineer to sign the change order. (Funded through Traffic Congestion Relief, Gas Tax, Proposition A, Proposition 1 b Funds, and CIWMB Grants) PREPARED BY Kenneth Fernandez DEPARTMENT Engineering EXT. 4388 EXPLANATION Please see attached page with explanation. Financial Statement Approved By: Finance Director The total cost of the project is estimated to be $6,925,100. The total amount for change order No. 5 is $12,040 and is within the estimated budget for this project. Funding is available through Gas Tax Fund Account No 109-409-500-598-6035, Traffic Congestion Relief Fund Account No. 345- 409-500-598-6035, Proposition A TransNet Fund Account No. 307-409-500-598-6035, Proposition 1b 346-409-500-598-6035 and CIWMB 351- 409-500-598-6035. STAFF RECOMMENDATION N RECOMMENDATION N/A L ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Change Order #5 ProposatRecommendation 3. Altemative "A": Locations of new signage A-200 (Rev. 7/03) SPEC 08-04 EXPLANATION On June 17, 2008, the project was awarded to Koch -Armstrong General Engineering, Inc. for a total amount of $5,327,000 for the National City Street Resurfacing Project. The Notice to Proceed start date was June 30, 2008. This project included Cold Milling, Leveling Course, Asphalt Rubber Aggregate Membrane (ARAM), Asphalt Rubber Hot Mix (ARHM), Type II Slurry Seal, Removal and Replacement of Asphalt over Class II Base, Removal and Replacement of Asphalt only, Crack Filling, Removal and Replacement of Sidewalk, Removal and Replacement of Curb Only, Removal and Replacement of Curb and Gutter, Removal and Replacement of Driveway, and other related work. The installation of seven 4'x4' mounted project signs for the public notification for the second phase of this calendar year's resurfacing project is proposed at seven locations (Attachment Staff is recommending the approval of Change Order Number Five in the amount of $12,040 to install seven mounted project signs at strategic locations for public relations notification. Funding will be provided through Traffic Congestion Relief, Gas Tax, Proposition A, Proposition 1 b Funds, and CIWMB Grants. RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO EXECUTE CHANGE ORDER NO. FIVE WITH KOCH-ARMSTRONG GENERAL ENGINEERING, INC., FOR THE NATIONAL CITY STREET RESURFACING PROJECT, FY 08/09 (PHASE 2), IN THE AMOUNT OF $12,040 FOR THE INSTALLATION OF SEVEN MOUNTED PROJECT SIGNS AT STRATEGIC LOCATIONS FOR PUBLIC RELATIONS NOTIFICATION WHEREAS, on June 17, 2008, the City Council adopted Resolution 2008-107, which awarded a contract in the amount $ 5,327,000 to Koch Armstrong General Engineering, Inc., for the National City Street Resurfacing Project; and WHEREAS, Change Order No. 5 in the amount of $12,040 provides for installation of seven mounted project signs for public relations notification of the second phase of this calendar year's resurfacing project at the following strategic locations within the city: • National City Boulevard, southbound at 2nd Street • Civic Center Drive, eastbound at 1-5 • Mile of Cars Way, eastbound at 1-5 • National City Boulevard, northbound at Hwy 54 • Highland Avenue, northbound at Hwy 54 • Sweetwater Road, eastbound at 1-805 • Plaza Boulevard, westbound, east of Highland Avenue NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Engineer to execute Change Order No. 5 with Koch Armstrong General Engineering, Inc., in the amount of $12,040 for installation of seven mounted project si ns located at strategic locations within the city for public relations notification of the secondiase of this calendar year's resurfacing project. PASSED and ADOPTED this 2nd day of September, 2008. ATTEST: Michael R. Dalla, City Clerk Ron Morrison, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City National City Streets Resurfacing Project Project #08-04 CHANGE ORDER (C/O) CO #5 Contractor: KOCH-ARMSTRONG August 11, 2008 A Change Order is hereby recommended for the following work in the amount identified below: Description_of Change in the Contract This Change Order will ADD the installation of (7) 4' x 4' signs at various locations in the City at the Project Manager's direction. Signs will be installed on two 4" x 4" wood post and shall be maintained during the construction period. The signs shall be removed at the end of construction and delivered to the City yard. Cost Reconciliation Costs were reviewed by the City Project Manager and negotiated with the Contractor. Construction Contract Accounting Summary Original Contract Amount: Net change by previously authorized Change Orders: Contract amount prior to this Change Order: Amount of this change order: New contract amount: 5,327,000.00 22,088.00 5,349,088.00 12,040.00 $ 5,361,128.00 Original contract time (calendar days): 90 Previously approved additional working days: 0 Additional working days for this change order: 0 Original contract completion date: 9/30/08 New contract completion date: Approved by: Principal Civil Engineer Date t Project Manager Date Associates Koch -Arm trong General Engineering, Inc. Date City Engineer Date CC: Construction File Koch -Armstrong KOCH-ARMSTRONG GENERAL ENGINEERING, INC. P.O. BOX 1190, LAKESIDE, CA 92040-0906 TEL: (619) 561-2005 FAX: (619) 561-0317 - LICENSE 194819-A CHANGE ORDER PROPOSAL #8 7 PROJECT SIGNS PAGE 1 OF 1 (REV. 2 7-31-08) TO. NATIONAL CITY STREET RESURFACING FY 06-07 ATTN. BYRON WADE 1243 NATIONAL CITY BLVD. TEL: (619) 336-4380 NATIONAL CITY , CA. 91950 FAX: (619) 336 4397 — — DATE. 8/11/2008 We propose to furnish all labor, material, and equipment necessary to perform the following items of work, subject to terms and conditions stated. This quotation expires 30 days from the date above and is good for work completed within one year of date above unless otherwise noted. JOB LOCATION SEVEN LOCATIONS IN THE CITY. CHOSEN BY OWNER. IDENTIFIED NATIONAL CITY STREET RESURFACING: CHANGE ORDER PROPOSAL #8- SEVEN PROJECT SIGNS. REM DESCRIPTION APPROX. QUANTITY UNIT UNIT PRICE TOTAL 1 SEVEN PROJECT SIGNS -INSTALL AT STRATEGIC AREAS IN CITY. 7 EA 1.1 VISIT SITES AND MARKOUT HOLES WITH OWNER. CALL IN DIG ALERT. 7 EA 1.2 FURNISH TWO 6' X 6' PROJECT SIGNS MOUNTED ON 4" X 4" X 16' REDWOOD POST S. 7 EA PICK. UP AND LOAD SIGNS, DELIVER TO 7 SITES, DIG HOLES, SET SIGNS, BACKFILL WITH NATIVE SOIL. HAUL AND DISPOSE OF EXCESS SOIL 1 3 REMOVE, HAUL & DISPOSE OF SIGNS IMPORT FILL AS NEEDED FOR BACKFILL OF POSTHOLE 7 EA LUMP SUM TOTAL 1 LS 12040.00 C.- ( li - TERMS: 1 2 INCLUDES ONE MOVE IN. PREVAILING WAGES. EXCLUDES ADJUSTING UTILITIES, DEMOLITION. SAWCUI-TING, STRIPING, AC/PCC CONCRETE NIGHT/WEEKEND/HOLIDAY WORK DAYS. ANY WORK/LABOR/ MATERIALS OR TEEM NOT SPECIFICALLY STATED IN QUOTE ;ONDI I IONS Does not include permits, bonds, any form of engmeering(staking testing, inspection. etc ), base under concrete. redwood headers striping traffic control. or utility adjustment unless otherse specified Monthly Progress Payments and Full Payment upon completion Accounts are delinquent after 30 days and they are subject to the maximum finance charge allowable by Law Work to be done in accordance with plans. specifications. and quantities identified above Koch•Armstrong General Engineering Inc shall he notified in writing prior to any proposed changes Subgrade to be taken from a- 10' to balance and at or below optimum moisture before Koch Armstrorg General Engineering Inc begins work unless otherwise speahed Any unusual cond,t ons of subsoil encountered. such as boned slabs. underground piping. trash deposits. etc shall be deemed cause for additional charges Required California Pretimmary lien information (Cahforma Civil Code Section 3007,3008) shall be provided to Koch -Armstrong General Engineering Inc before work begins Subject to'Credn Approval and venfcation of California Preliminary Lien information Class 2 matenal d included is 3\4" recycled Class 2 per Caltrans Standard Specification Section 26 unless otherwise noted \cceptance: Please sign and return one copy -this quotation constitutes the sole and only agreement Any pnor agreements, negotiations. etc not set forth herein are of no force or effect 'km: NATIONAL CITY SIREET RESURFACING FY 06-07 1y: KOCH-ARMSTRONG GENERAL ENGINEERING, INC. By: Date FRANK HERRERA 8 KOCH-ARMSTRONG GENERAL ENGINEERING, INC. P.O. BOX 1190, LAKESIDE, CA 92040-0906 TEL: (619) 561-2005 FAX: (619) 561-0317 LICENSE 194819-A CHANGE ORDER PROPOSAL #8 - BREAKDOWN 7 PROJECT SIGNS PA(3F I OF t TO NATIONAL CITY STREET RESURFACING FY 06-07 ATTN BYRON WADE 1243 NATIONAL CITY BLVD _ TEL (619) 336-4380 NATIONAL CITY . CA 91950 - _ FAX (619) 336 4397 DATE 8/6/08 We propose to furnish all labor, material, and equ(ment necessary • perform the following jtemsof work subject to terms and conditions stated. This quotation a pires 30 days from the date above and is good for w. k completed within one year of dateabove unless otherwise noted. JOB LOCATION SEVEN LOCATIONS IN THE CITY. CHOSEN BY OWN IDENTIFIED NATIONAL. CITY STREF I RESURFACING. CHANGE ORD" PROPOSAL N8- SEVEN PROJECT SIGNS ITEM DESCRIPTION 1.1 VISIT SITES AND MARKOUT HOLES WITH OWNER CALL IN DIG ALERT. FOREMAN CREW TRUCK 1.1 FURNISH TWO 6' X 6' PROJECT SIGNS MOUNTED ON 4" X 4" X 16' REDWOOD POSTS. PICK-UP AND LOAD SIGNS, DELIVER TO 7 SITES, DIG HOLES SET SIGNS BACKFILL WIT NATIVE SOIL. HAUL AND DISPOSE OF EXCESS SOIL FOREMAN 2LABORERS_ CREW TRUCK 2-TON TRUCK SOIL DUMP FEE EMOVE, HAUL & DISPOSE OF SIGNS. IMPORT FILL AS NEEDED FOR BACKFILL OF POSTHOLE. rOREMAN'OPERATOR 2 1 ABORERS CREW TRUCK BOBCAT — t10'WHEELER EQUIPMENT MOVE DUMP FEE MATERIAL S;GNS REDWOOD POSTS—__ APPROX. OTTANI I TY 2 4 4 UNIT UNIT PRICE TOTAL HRS 285.22 HR 5546.22 liR HR HR HR HR 2019.85, tif2 HR 4 HR 4 HR 4 HR - r 1 EA 1 EA 15% 7 EA i 52 85 6060 44 141 EA-----7544—_----- 121462 :ONDI I IONS I Does not include permits, bonds. any form of eng leenng(slaKug. teslug. mspeclron etc 1, base under Co,Nlele redwood headers stnpnnq bathe control. or uh5Py adjustment unless otharwrse specfred klonitdy Progress Payments and Tull Payment upon complel on Actbonts are detrnquonl after 30 days and they are subject to the maz.m.m bnance charge allowable by law 1 Work lob. done m accordance wall plans. spec ficahorr.s and guantrnes idenbbed above Koch -Armstrong General Engneenrg_ Inc shall be not,lred m wrrt:nq pion to any proposed changes 1 Subgrade to be taken from •'. 10' to balance and at el below eptrrtum moisture before Koch.Armstrong General 8ngrneermg. Inc begins wore unless otherwise specrbed Any unususi condihnns of subso.I encountered such as buned slabs underground p.png. trash deposits etc shall be deemed cause for adda,onal charges ReguNred (2al1orma Prelrnunary ben mfonnatwn (Ca:formia G ) Code Sectr0l 3097i10981 shall be prorrded to Kor:RArmstrong General Fngmeenrrg. Inc brrtore work. begins Subject to Credit Approval and verd.calron of Caldornra Preliminary ben rnforrnatron Class 2 rralenal 4 included is 3'A" recycled Class 2 per Caltrans Standard Speofrcabon Sectgn 25 Mess otterwlse noted lcceptance: Please s.gn and return one copyebs guotatron constitutes the sole and only agreement Any prior agreements, negobal005 etc _ not set forth herein am of no force or eltea 'irm: NATIONAL. CITY STREET RESURF-ACING FY06-07 KOCH-ARMSTRONG GENERAL ENGINEERING, INC. By: Dale f HANK HERRERA 8:6108 City of National City National City Streets Resurfacing Project Project #08-04 CHANGE ORDER (C/O) Contractor: KOCH-ARMSTRONG Locations of new signs are as follows: 1. National City Blvd., southbound at 2nd Street 2. Civic Center Drive, eastboung at Hwy 5 3. Mile of Cars Way, eastbound at Hwy 5 4. National City Blvd., northbound at Hwy 54 5. Highland Ave., northbound at Hwy 54 6. Sweetwater Road eastbound at Hwy 805 7. Plaza Blvd., westbound, East of Highland. Ave. CO #5 Attachment "A" August 11, 2008 City of National City, California COUNCIL AGENDA STATEMENT METING DATE kptember 2, 2008 AGENDA ITEM NO. 6 ITEM TITLE Resolution authorizing the Mayor to execute an agreement with D-Max Engineering, Inc in the amount not to exceed $200,000 in order to continue providing the Gty with engineering and environmental services and assist implementing National Pollutants Discharge Elimination System (NPDES) Permit requirements (Funded through the Sewer Fund) PREPARED BY Barby Tipton.P41--)i DEPARTMENT Engineering EXT. 4583 EXPLANATION Please see attached. J Environmental Review X N/A MIS Approval Financial Statement Approved By: Finance Director ATTACHMENTS (Listed Below) 2. Agreement Resolution No. EXPLANATION: RE: Resolution authorizing the Mayor to execute an agreement with D-Max Engineering, Inc. in the amount of $200,000 in order to continue providing the City with engineering and environmental services and assist implementing National Pollutants Discharge Elimination System (NPDES) Permit requirements (Funded through the Sewer Fund) Based upon requirements of the adopted National Pollutants Discharge Elimination System (NPDES) permit No.CASI08158, Order R9- 2001-0001, and the City's Jurisdictional Urban Runoff Management Program (JURMP), the Gty is committed continually to implement its efforts in various aspects of this program in order to maintain its compliance with the permit requirements. The program consists of the implementation of the Municipal, Industrial, Commercial, Residential, Land Use Planning for New Development/Redevelopment, Construction, Illicit Connection/Illegal Discharge, Education, Public Participation, and Program Assessment components as outlined in the City's JURMP. Due to the special engineering and environmental requirements of the NPDES permit, staff has recommended that the major portion of the work be performed by a professional consulting firm. In 2003, the City requested Statement of Qualifications from the professional consulting firms to provide engineering and environmental services for implementation of the City's NPDES permit program. The City's Selection Committee found D-Max Engineering Inc to be qualified through its regular selection process. On November 1 I, 2003, by the City Council Resolution No. 2003-154 a contract agreement was executed between the City and D-Max Engineering for the implementation of the NPDES program and preparation of the City's JURMP. The current contract will be completed on November 15, 2008. During the current contract period, D-Max Engineering has provided quality work and implemented the City's NPDES program as sdieduled in a professional manner. D-Max Engineering is familiar with the City's NPDES program, storm drain system, and the State Permit requirements. Therefore, staff is recommending D-Max Engineering to continue providing as needed NPDES services. The proposed scope of work is consistent with the requirements of the NPDES permit and commitments made by the City in its JURMP. The contract before Council for approval is for the general environmental and engineering services for this program, and includes the following tasks: • Coordinate the program • Update the City's Jurisdictional Urban Runoff Management Program (JURMP). • Continue developing Data Management. • Assist the City to Comply with its Inspections Program. • Implement Standard Urban Runoff Mitigation Plan (SUSMP) • Implement Dry Weather Analytical Monitoring and Field Screening. • Prepare JURMP Annual Report. • Develop Assessment of Program Effectiveness. • Implement Watershed Urban Runoff Management Programs. • Perform Training and Education. • Provide other related Storm Water Quality Services D-Mu Engineering has proposed a plan, outlined in Exhibit "A", to implement this year's program. The work can be accomplished through a new contract agreement. The final scope of work is attached as part of agreement that is being presented to the Council for approval. The fee for performing the work is a "Not to Exceed" amount of $200,000. RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH D-MAX ENGINEERING, INC., IN THE NOT -TO -EXCEED AMOUNT OF $200,000 IN ORDER TO CONTINUE PROVIDING THE CITY WITH ENGINEERING AND ENVIRONMENTAL SERVICES, AND ASSIST IMPLEMENTING NATIONAL POLLUTANTS DISCHARGE ELIMINATION SYSTEM (NPDES) PERMIT REQUIREMENTS WHEREAS, the City desires to employ a contractor to continue providing the City with engineering and environmental services, and to assist implementing National Pollutant Discharge Elimination System ("NPDES") permit requirements; and WHEREAS, the City has determined that D-Max Engineering, Inc. is a professional engineering and environmental consulting firm, and is qualified by experience and ability to perform the services desired by the City, and D-Max Engineering, Inc. is willing to perform such services. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the Mayor to execute an agreement with D-Max Engineering, Inc. in the amount of $200,000 in order to continue providing the City with engineering and environmental services, and assist implementing National Pollutants Discharge Elimination System Permit requirements. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 2nd day of September, 2008. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND D-Max Engineering, Inc THIS AGREEMENT is entered into this 2" day of September, 2008, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and D-Max Engineering, Inc. a CONSULTANT. RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide engineering and environmental services and assist with implementation of the National Pollution Discharge Elirnination system (NPDES) Permit requirements. WHEREAS, the CITY has determined that the CONSULTANT is an environmental engineering firm and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE. THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS 1. ENGAGEMENT OF CONSULTANT . The CITY hereby agrees to engage the CONSULTANT and the CONSULTANT hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services required hereunder will be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT . 2. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A". The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONSULTANT shall appear at meetings cited in Exhibit "A" to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the 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 10% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Barbara A. Tipton hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT . Arsalan Dadkhah thereby is designated as the Project Director for the CONSULTANT . 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials. if any. The total cost for all work described in Exhibit "A"shall not exceed the schedule given in Exhibit "B" (the Base amount) without prior written authorization from the City. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A'as determined by the CITY. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. ACCEPTABILITY OF WORK. The City shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due. In the event the CONSULTANT and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement. the City or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the City shall each prepare a report which supports their position and file the same with the other party. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 6. LENGTH OF AGREEMENT. Completion dates or time durations for specific portions of the Project are set forth in Exhibit 'C''. 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, atter. 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. 2 City s ;Lmdard Agreement June 2(08 revision 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 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, keep in effect at all tirnes 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. 3 City's Standard Agreement -- June 2008 revision 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 part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT , hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations. conclusions or other results of the services or the existence of the subject matter of this 4 C:itys Standard Agreement •• June 2008 rev,s,on 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 SUBCONSULTANTS, when applicable, to purchase_ and maintain throughout the term of this agreement, the following insurance policies: L I A If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1.000,000 per occurrence. B Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1.000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned. and hired vehicles ("any auto"). C. Commercial general liability insurance, with minimum limits of $1.000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONTRACTOR'S/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. 5 COO, .,Tancz r 1 /:qurs-rgCnt June 7^(18 rev'Blon 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. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. K. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute. whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith. to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration, The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any. award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written 6 City s Standard ATeernent - June 2008 revis,on 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 less any damages caused the CITY by the CONSULTANT 's breach, if any. Thereafter. ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terrninate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT ; (2) a reorganization of the CONSULTANT for the benefit of creditors: or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail. postage prepaid; or telegraphed or cabled: or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail. five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office. mailbox. mail chute. or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid. or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: To CONSULTANT : Din Daneshfar Principal Civil Engineer Engineering Department City of National City 1243 National City Boulevard National City, CA 91950-4301 D-Max Engineering, Inc Arsalan Dadkhah 7220 Trade Street, Suite 119 San Diego, Ca 92121 7 CAty s Staadad Ayrefn)-nt - .lone 2008 r'.',s.on 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 shalt at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. r 1 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 o1 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. 8 City- s Standard Agreement - Jure° 2008 revsrpn G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Entire 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. CITY OF NATIONAL CITY D-MAX Engineering, Inc. (Corporation - signatures of two corpo:dte officers) (Partnership - one signature) (Sole proprietorship-- one si)nature) By. By:: GLt11`c lam. _fir ,/,t/ Ron Morrison, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney 9 (Name) irsa45-> (Print) (Title) (Name) ks24( OgedAi (Print) -6re4 7 (Title) City s Standard Agreement - June 2(108 revision ilMIllam...41MIN. A - MI IBM MM. INN ME ANN IW MO A V EXHIBIT A SCOPE OF SERVICES D-MAx will provide storm water services to assist the City of National City in complying with the National Pollutant Discharge Elimination System (NPDES) permits and enhance the water quality of runoff generated within the City. The following is a list of tasks anticipated to be necessary during the fiscal year. However, there may be unanticipated tasks that are necessary to complete but are not addressed herein. The tasks will be conducted in an order of priority as set by the City. Project Coordination. Provide all project coordination necessary to perform the work for the City's NPDES program implementation. Project coordination will include monthly project status meetings with the City of National City and other related agencies for the duration of this contract. Also included in the program coordination are • Management of the program kick-off meeting and all necessary meetings with other concerned and involved agencies and community groups. • Management of all project -related meetings, including agenda and meeting minute preparation and distributions. • Assisting the City with coordination and correspondence with the RWQCB regarding National City's storm water program. Data Management and GIS. To facilitate annual reporting and to manage various JURMP programs on a day-to-day basis, data must be tracked and stored in a reliable, easy -to -use manner. This includes data from the City's construction, industrial, commercial, development, and municipal programs. D-MAx has created four separate Microsoft Access databases for the City: one each for construction inspections, industrial/commercial inspections, standard urban storm water mitigation plan (SUSMP) post -construction best management practice (BMP) tracking and inspections, and a variety of municipal activities. The City's SUSMP database should be updated to include the capacity to enter results from inspections and from maintenance verification letters sent out, and the linkage between inspection databases and the complaint database should be improved. D-MAx will also assist the City in designing solutions for relating the data from various databases, including the use of geographic information systems (GIS). Additional tracking capabilities for the City's education program may be added as well, and a database to record and manage information from the City's water quality monitoring programs may be developed. Now that newly modified programs based on the City's recently updated JURMP have been implemented, updates to the City's databases will likely be necessary. D-MAx will regularly provide the City with copies of the databases it maintains. In addition to database management, D-MAx will also assist the City in analyzing business license listings to determine JURMP prioritizations for new industrial and commercial businesses in the City. Those businesses will then be flagged for inspection in accordance with the procedure listed in the JURMP. We will further assist the City in ____ / - --- t !SEM NM Ma MINIM — _ — wv �db aftrax% designing and implementing revised procedures for prioritizing facilities in accordance with new Municipal Permit guidelines for facility prioritization. Assist in Compliance Inspection Program. We will assist the City's inspection team with the following services: • Conducting construction field inspections • Conducting industrial and commercial field inspections • Conducting SUSMP post -construction BMP inspections • Conducting follow-up, complaint, or other special inspections • Data entry into databases for these inspections the City, in compliance SUSMP Implementation and Document Preparation. We will continue to assist the City with implementation of, the Standard Urban Storm Water Mitigation Plan (SUSMP) program as follows. This task also includes assisting the City in implementing tasks related to the new Hydromodification Management Plan (HMP) that is currently under development by the Copermittees and assisting the City with the new advanced treatment standards for construction projects. Note that review of SUSMP and Storm Water Pollution Prevention Plan (SWPPP) documents are included under a different contract. • Assist with required revisions to the City's SUSMP Ordinance and related ordinances, including developing a SUSMP manual per the new Municipal Permit requirements • Assist in complying with requirements of the SUSMP • Conduct coordination meetings with various City departments and assist in refinement of the SUSMP process • Review erosion and sediment control plans • Assist in selecting and implementing BMPs • Conduct educational presentations as required in the City's JURMP and Section D.5.b.(b) of the new Municipal Permit • Prepare SUSMPs and construction storm water pollution prevention plans (SWPPP) for City Capital Improvement Projects Dry Weather Field Screening and Analytical Monitoring. This task will include conducting one round of field screening in accordance with the requirements of the RWQCB Municipal Permit. The objective of this program is to detect and eliminate illicit connections and illegal discharges (IC/IDs) in order to minimize the negative impacts of human activities on receiving water bodies. The City of National City has identified 15 primary monitoring stations where data will be collected during the dry weather analytical and field screening monitoring program. This task will include the following: Visual Observations: Visual observations include looking for evidence of dry weather flows such as staining, corrosion, sediment, surrounding vegetation, algae, mosquito larvae, insects, and animals in the vicinity of the outfall. 2 %/ w� s --s - UM/ INN IMO I -NMI A V Field Analysis: At each site the flow and its temperature will be measured, and a sample will be taken for field analyses of the following parameters: • Specific conductance • Temperature • Turbidity • pH • Reactive Phosphorus • Nitrate Nitrogen • Ammonia Nitrogen • Surfactants (MBAS) Analytical Monitoring: Water samples from 25 percent of the sites where ponded or flowing water is observed, will be collected and submitted to a California Department of Health Services certified laboratory for analysis of the following constituents: • Total hardness • Oil and grease • Diazinon and Chlorpyrifos • Cadmium (Dissolved) • Copper (Dissolved) • Lead (Dissolved) • Zinc (Dissolved) • Enterococcus bacteria • Total Coliform bacteria • Fecal Coliform bacteria Trash Monitoring: The new Municipal Permit requires that the City implement a trash monitoring program during dry weather monitoring. The Copermittee Dry Weather Monitoring Sub-Workgroup developed a trash assessment form and procedures for trash monitoring. We will complete a trash assessment form at each routine site visit. Preparation of a Summary Report: At the conclusion of the field screening program, a report will be prepared to summarize the observations and the results of the study, including trash monitoring. The report will include our interpretation of the field data and test results as to the possible presence of IC/IDs. Follow -Up Investigations. During the dry weather field screening program if field investigations do not reveal a specific source of contamination, or if the results of the laboratory analysis indicate presence of pollutants in excess of action levels, further investigation will be conducted which may include the following steps: • Tracing flows or discharges upstream • Conducting field screening sampling w-►s - 1 -- / s --IMO IMIM AMMO AIM OM t Iw M M A v • Contacting dischargers • Sampling for laboratory analysis • Documenting source investigations At the conclusion of the follow-up investigations, a summary report will be prepared summarizing the findings, conclusions and recommendations. Per new Municipal Permit requirements, all laboratory analytical exceedances will be followed up within two business days of receiving the results from the lab. This is a more aggressive timeframe than previously required. Also, upstream investigations for bacteria will utilize Colilert and Enterolert methods for bacterial analyses. These newer methods are more accurate than the methods used in the past. Additional Monitoring and Special Studies. The new Municipal Permit requires that the City conduct MS4 monitoring and source identification monitoring programs. The MS4 monitoring will likely be conducted concurrently with the dry weather monitoring program and will include additional laboratory analytical work. Additional monitoring studies may also be necessary for source investigation purposes. In some portions of the City exceedances have been noted for several consecutive years in the dry weather monitoring program, and it may be necessary to perform additional monitoring beyond the typical dry weather follow-up investigations to evaluate the effectiveness of measures taken to address the sources of the exceedances. The new Municipal Permit also includes stricter requirements for effectiveness assessment, including outcome levels 4, 5, and 6 (load reduction, change in quality of discharge, and change in receiving water quality). Additional monitoring may be required to evaluate the effectiveness of City activities in accordance with these requirements. Document Revisions for New Permit Requirements. The new Municipal Permit required revisions to the City's JURMP, which were completed in 2007-2008. During 2008-2009, no major revisions to the JURMP are anticipated, but several changes in response to new Municipal Permit requirements are anticipated. A new Model SUSMP was recently prepared, and we will assist the City with making required revisions to the SUSMP Ordinance and related City codes. Further, we anticipate that documents related to the new MS4 monitoring and source identification monitoring programs required by the new Municipal Permit will need to be prepared. Permits to allow the City to resume channel maintenance activities will also likely need to be acquired. That process is anticipated to involve coordinating with the RWQCB, the Army Corps of Engineers, and the California Department of Fish and Game. Training and Education. D-MAx will conduct educational workshops and/or prepare education materials at the City's request to target audiences identified in the JURMP document. An educational calendar has been prepared in each of the last several years, and another calendar incorporating artwork from school children in the City is planned for 2009. Educational content for other programs may cover a variety of topics related to storm water quality and watershed concepts listed in the JURMP and be tailored to each specific audience. Suggested workshops and target audiences include the topics listed on the following page: w_ s —is a I IIIMINNELI111 -EMI - ASV-s *v -MINIMINP"-•Mbl'1A Planning and Engineering Departments The goal of this workshop will be to inform the Planning and Engineering Departments of general concepts listed in the JURMP and to address new Permit requirements relevant to each department. The Permit requires changes in land -use planning and engineering aspects of new development and redevelopment projects within the City, including the implementation of the City's SUSMP. Among the .new requirements is the implementation of Low Impact Development (LID) measures for all development projects. Public Works Staff The workshop will be targeted towards public works employees and will focus mainly on the practical aspects of BMP implementation. It will also address changes in public works operations required by the Municipal Permit, such as effects on channel maintenance and storm drain cleanout frequency. In the event that the City's NPDES Storm Water Compliance Inspector conducts this training, D-MAx will not provide a training for this audience. Construction Inspectors The educational workshop for construction inspectors will include general concepts listed in the JURMP and additionally cover such topics as BMP implementation and maintenance, good housekeeping measures, site inspections and inspection frequency. School Students We will assist the City in providing training workshops for school students. The topics for these workshops include the source of pollutants, the impact of pollutants on the receiving water bodies and BMPs to prevent the pollutions. Workshops At the request of the City, we will provide targeted educational workshops for various industry or stakeholder groups. D-MAx has recently conducted workshops for industrial businesses, automotive businesses, the development and construction industry, and.City residents. Educational Materials We will assist the City in developing educational materials such as pamphlets, calendars, articles for newsletter or websites, or fact sheets. These materials may to be targeted at the development community, City residents, industrial and commercial businesses, City staff, or other audiences. The new Municipal Permit requires additional education related to watershed concepts and watershed pollutants of concern. Watershed Urban Runoff Management Program. The City of National City is located within the San Diego Bay Watershed. The Municipal Permit requires each Copermittee to collaborate with other Copermittees within its watershed to identify and mitigate the highest priority water quality issues/pollutants in the watershed. D-MAx will coordinate with the watershed Copermittees on behalf of the City of National City and fulfill the group requirements per the City instructions. In each of the last three years, we have assisted the City by helping write the San Diego Bay WURMP Annual w_ s -- / -- MN I - A V Reports, and the City has been listed as among the primary authors of those annual reports. The RWQCB has recently completed an evaluation of various WURMP programs in the San Diego region, including the San Diego Bay WURMP. A report with findings and more specific direction for future watershed activities is anticipated in the fall of 2008. it is expected that some additional activities and modification of existing activities will be required by the RWQCB's report. Representing the City in Various Meetings. D-MAx will represent the City of National City in various meetings including those with other Copermittees, the Regional Board, and/or Regional Workgroups. The City has taken on the responsibility of serving as the secretary for the Municipal Workgroup, and we will assist the City in fulfilling that responsibility. Other Storm Water Services. It has been our experience with other local municipalities and with the City of National City that storm water related situations arise from time to time that require immediate or expert action. For example, additional services related to the Paleta Creek/7`h Street Channel TMDL, which is currently under development, may be required. D-MAx will be pleased to provide any other as -needed, on -call services to the City of National City that have not been identified above. EXHIBIT B COST SUMMARY & FEE SCHEDULE We propose to complete the aforementioned services on a time and materials basis (not to exceed $200,000 total) in accordance with the attached schedule of fees. Our estimated costs are listed below. Principal Project Scientist Asst Proj Scientist Staff Scientist Drafter Word Processor Clerk ODC* Calculated Total Rounded Total Rate $140 $110 $95 $85 $65 $55 $50 Task Description Project Coordination 60 50 20 $400 $16,200 $16,000 Data Management and GIS 12 60 68 20 45 $18,915 $19,000 Assist in Compliance Inspection Program 8 16 40 206 18 $1,800 $26,980 $27,000_1 SUSMP Implementation and Document Preparation 40 78 40 $100 $18.080 $18,000 Dry Weather Analytical Monitoring and Field Screening _ 12 16 104 4 8 53,000 $15,980 $16,000 Follow-up Investigations 8 8 76 4 4 $ $3,000 $11,940 $12,000 Additional Monitoring and Special Studies 12 14 60 2 2 $ $1,500 $10,060 $10,000 Document Revisions for New Permit Requirements 20 45 40 30 12 $200 $14,960 $15,000 Trainin• and Education 40 54 60 20 20 $5,000 $25,040 $25,000 Watershed Urban Runoff Management Programs 16 70 54 30 12 $800 $19,080 $19,000 Representing the City in Various Meetings 30 50 16 $800 $12,020 $12,000 Other Storm Water Services 12 16 16 64 8 $200 $11,040 $11,000 Total 270 477 354 610 10 129 'ODC for Dry Weather Monitoring includes laboratory analytical costs, and ODC for Training and Education includes outside printing of materials (e.g., calendars). 0 $16,800 . $200,295 $200,000 EXHIBIT B COST SUMMARY & FEE SCHEDULE SCHEDULF, OF FEES July 1, 2008 111=1.11.- - - MOM -MI A V This Schedule of Fees will be adjusted periodically. The new fee schedule will apply to all existing, and new work. LABOR Classification Hourly Rate Clerk* Word Processor* Drafter* Technician* Senior technician* Staff Scientist/Engineer Assistant Project Scientist/Engineer Project Scientist/Engineer Senior Scientist/Engineer Principal Scientist/Engineer $ 50 55 65 65 75 85 95 110 120 140 * Overtime (in excess of 8; hours per day) and weekend hours will be charged at 1.5 times the above rates for non-exempt personnel. Field and hourly services will be charged portal to portal from our office, with a two- hour minimum. Appearance as expert witnesses at court trials, mediation, arbitration hearings and depositions will he charged at $200/hour. Time spent preparing for such appearances will be charged at the above standard hourly rates. C:\FORMS\.FEL SCI IEDUI.F 2008 SF-8 OTHER CHARGES Subcontracted services, such as sub consultants, outside testing, drilling, and surveyors, will be charged at cost plus 15%. Other project-specitic costs, such as rentals, expendable or special supplies, special project insurance, permits and licenses, shipping, subsistence, tolls and parking, outside copying/printing, etc_, will be charged at cost plus 15%. Mileage will he charged at a rate of $0.67 per mile. Client will be responsible for any applicable taxes in addition to the fees due for Services. /7 � —~ Document Revisions for New Permit | | Requirements | Training and EXHIBIT PROJECT SCHEDULE �Touxs SEP2D08| OCT2008 NOV28D8 DEC2008 !JAN2800 'FES 2009 AVAR200Q | APR 200D iMAY3009 JUW2000 � Pn4ec� Coordinu�ion � Data Management / -4 Assist in Compliance ! Inspection --- | i Dry Weather Analytical ! / Monitoring � Field on ngan� �}creeninB_' � Follow -Up � ^Investigations i Additional Monitoring and Special Studies / | ^ LEducadon - | Watershed Urban | Runoff Management |Program / Representing the City i in Various Meetings Other Storm Water Sop/ioeu | ACORD,, CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD'YY) 08/21/08 PRODUCER 0A99520 Cavignac & Associates 50 B Street, Suite 1800 San Diego, CA 92101-8005 Dorothy Amundson INSURED D-MAX Engineering, Inc. 7220 Trade Street, Suite 119 San Diego, CA 92121 1-619-234-6848 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE 5SURERA The Travelers Indemnity Company of Connecticut INSLIRERB Beazley Insurance Company, Inc. INSURER C. INSURER D INSURER E. COVERAGES THE POLICIES ANY REQUIREMENT, MAY PERTAIN, POLICIES. MISR i LTR OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. PERIOD INDICATED. NOTWITHSTANDING THIS CERTIFICATE MAY BE ISSUED OR EXCLUSIONS AND CONDITIONS OF SUCH LIMITS TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE 1 POACY EXPIRATION 1 DATE IMM/DD;YY1 ' DATE IMM/DD/YYI A GENERAL LIABILITY 16807350L622 01/01/08 01/01/09 _A000CCURRFNC:E $ 1.000,000 X COMMERCIAL GENERAL I IABIIITY I IRE DAMAGE (Any one Ice) $ 300,000 1CLAIMS MADE _X_: •CCCUR I MEDEXP (Any one person) $ 5, 000 X'Contractual Liab. 1 I PERSONAL BADVINJURY .� .__. ._._. ._---_. _ .__ I ._. _. —.._. ._ .__ $ 1,000,000 X :Separation of Insureds' ! : GENERAL AGGREGATE $2,000,000 if GENE AGGREGATE LIMI1 APPI IFS PER.: POLICY I X l FF i 1 LOC , PRODUCTS - COMP/OP AGG $ 2,000,000 A AUTOMOBILE LIABILITY BA8924L251 01/01/08 01/01/09 COMBINED- LIMIT $ 1,000.000 1 (Ea accdenl) 1 ANY AUTO 1 I ALL OWNED AUTOS I BODILY INJURY X ' SCHEDULE() AUTOS 1 ,Pe, maser, HIRED AUTOS - SO[;R i L'/JURY - --- X ;PeI acc,denll NON AUTOS - •• • -OWNED ._. ...... _.i ... ._ X :No Company Owned Autosi PROPERTY DAMAGE1 ' { ' 'Pc, ace,denq s I F 1 GARAGE LIABILITY I AU T O OWL Y - EA ACCIDENT I $ r ANY AUTO 1 . I EA ACC 1 $ OTHER THAN ._. __. ...._. .. AUTO ONLY AGO I $ EXCESS LIABILITY 1 EACH OCCURRENCE _$ .1 OCCUR CLAIMS MADE I I AGGREGATE_ IUEDUCTIBI C I $ 1 RETENTION $ I $ A 1 WORKERS COMPENSATION AND I UB5527Y628 01/01/08 01/01/09 X I WC STATU- • 10TH. 1 TDETYLLM11TS i.__;_ h R 1 . EMPLOYERS' LIABILITY I I - -- ----- 5 L F ACH ACCIDENT $ 1,000,000 i L DI>(:+5r..EA EMPIOYCLi $ 1,000,000 E1 ufSCASE PCLICY I (M0 s 1,000,000 OTHER B Professional Liability !vISJP008PNPM 01/01/08 01/01/09 Each Claim >1,000,000 •1 i Aggregate f1.000,000 I DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS *Professional Liability - Claims Made Form, Aggregate Limit Policy. Defense costs Included within Limit of Liability. RE: Storm Water Services. The City of National City is named as Additional Insured as respects to General Liability per attached. Waiver of Subrogation applies to Workers Compensation per attached. •10 days NOC for non-payment of premium. CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER. A CANCELLATION 10 days NOC for non-payment of premium City of National City Engineering Dept. Attn: Barby Tipton 1243 National City Blvd. tional City, CA 91950-4397 ACORD 25-S (7/97) JWise 9586981 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL * 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE L EFT• BUT FAILURE TO DO 50 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE USA (7 ACORD CORPORATION 1988 Certificate Delivery by CertrflcatesNow - www Conf,rmNet com - 877 669 8600 19 POLICY NUMBER: 6807350L622 NAMED INSURED: D-MAX Engineering, Inc. COMMERCIAL GENERAL LIABILITY DATE ISSUED: 08/21/08 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM 1. WHO IS AN INSURED (Section II) is amended to include any person or organization that you agree in a "contract or agreement requiring insurance" to include as an additional insured on this Coverage Part , but: a. Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b. If the injury or damage arises out of the performance, by you or your subcontractor, of "your work" to which the "contract or agreement requiring insurance" applies. Such person or organization does not qualify as an additional insured with respect to their independent acts or for "bodily injury", "property damage" or "personal injury" for which that person or organization has assumed liability in a contract or agreement. 2. The. insurance provided to the additional insured by this endorsement is limited as follows: a. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this Coverage Part. CG D3 81 09 06 b. This insurance does not apply to the rendering of or failure to render any "professional services". c. The limits of insurance afforded to the additional insured shall be the limits which you agreed to provide in that "contract or agreement requiring insurance", or the limits shown in the Declarations for this Coverage Part, whichever are Tess. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section 111) for this Coverage Part. 3. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Coverage Part must apply on a primary basis, or a primary and non- contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with the other insurance, provided that: Includes copyrighted material of Insurance Services Office. Inc., with its permission Page 1 of Copyright. Insurance Services Office. Inc . 2001 aD (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance". But this insurance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. 4. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury". "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insurance" with such person or organization entered into by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. 5. As respects the insurance provided to the additional insured by this endorsement, the following definition is added to DEFINITIONS (Section V). "contract or agreement requiring insurance" means that part of any CGD3810906 contract or agreement under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal injury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. All other terms of your policy remain the same. Includes copyrighted material of Insurance Services Office, Inc , with its permission. Page 2 of 2 Copyright, Insurance Services Office, Inc., 1988 IR TRAVELERS WORKERS COMPENSATION ANI) EMPLOYERS LIABILITY POLICY ENDORSEMENT \b'C 99 03 76 (00) - 001 POLICY NUMBER: uB5527Y628 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) \Ve have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. You must maintain payroll records accurately seeregating the remuneration of your employees chile engaged in the cork described in the Schedule. The additional premium for this endorsement shall be % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description ALL PERSONS OR ORGANIZATIONS THAT ARE PARTIES TO A CONTRACT THAT REWIRES YOU TO OBTAIN TI IIS AGREEMENT, PROVIDED YOU EXECUTED "HIE CONTRACT BEFORE 'HIE LOSS City of National City, California COUNCIL AGENDA STATEMENT IEETING DATE September 2, 2008 AGENDA ITEM NO. 7 (ITEM TITLE A Resolution of the City Council of the City of National City accepting conveyance of real property from property owner Oscar Salcedo, directing the recordation of a street easement for a portion of land for street purposes at 2919 Leonard Street, and dedicating and naming the parcel of land PREPARED BY Adam Landa DEPARTMENT Engineering EXT. 4395 EXPLANATION Mr. Oscar Salcedo, the owner of the property located at 2919 Leonard Street, has submitted a notarized copy of the street Easement Deed for a 5 foot portion of land for the City Council's acceptance, approval, naming, and directing the recordation thereof. The dedication is required as part of a Parcel Map, and is for the purpose of installing sidewalk, curb, and gutter. The Street Easement deed will be sent to the County Recorder for Recording after the City Council has review and approved the new easement. Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. ST F RECOMMENDAT A pt e solution. BO D / COMMI SION IEC MME ' TION N/A ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Copy of notarized Street Easement Leonard2 A-200 (Rev. 7/03) RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING CONVEYANCE OF REAL PROPERTY FROM PROPERTY OWNER OSCAR SALCEDO, DIRECTING THE RECORDATION OF A STREET EASEMENT FOR A PORTION OF LAND FOR STREET PURPOSES AT 2919 LEONARD STREET, AND DEDICATING AND NAMING THE PARCEL OF LAND AS LEONARD STREET BE IT RESOLVED by the City Council of the City of National City that pursuant to Resolution No. 7083, the City Clerk is hereby ordered to execute a Certificate of Acceptance, and to record the following instrument conveying an interest real estate to the City of National City: STREET EASEMENT DEED dated August 14, 2008, from Oscar Salcedo (A.P.N. 564-071-11-00). BE IT FURTHER RESOLVED as follows: 1. That Oscar Salcedo has conveyed the real property described in the attached Exhibit "A" to the City of National City for right-of-way purposes. 2. That the City of National City desires that said property be dedicated for public right-of-way purposes. 3. That the described real property in Exhibit "A" shall henceforth be known as a portion of Leonard Street. PASSED and ADOPTED this 2nd day of September, 2008. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Ron Morrison, Mayor Rug 13 08 09:50a Structural Technology Con 18582782424 p-1 RECORDING REQUESTED BY AND FOR THE BENEFIT OF THE CITY OF NATIONAL CITY PER GOVERNMENT CODE SECTION 27383 WHEN RECORDED MAIL TO: CITY CLERK CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD. NATIONAL CITY, CA 91950 EASEMENT DEED NO TRANSFER TAX DUE Assessor's Parcel No.: 564-071-11 Oscar Salcedo, an married man Hereinafter called GRANTOR(S), do(es) hereby grant, convey and dedicate to the CITY OF NATIONAL CITY, A MUNICIPAL CORPORATION, hereinafter called GRANTEE, the easement and right-of-way for public road and utility purposes upon, through, under, over and across that certain real property in the City of National City, County of San Diego, State of California, described as follows: THE SOUTHERLY 5.00 FEET OF LOT 419 OF LINCOLN ACRES ANNEX NO. 3, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 1754, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY. JUNE 11, 1923. The Grantor hereby further grants to the City of National City the privilege and right to extend drainage structures and excavation and embankment slopes beyond the limits of the herein described right-of-way where required for the construction and maintenance of said public road. RESERVING unto Grantor of the above described parcel of land, its successors or assigns, the right to eliminate such slopes and/or drainage structures or portions thereof, when in the written opinion of the City Engineer of Grantee, the necessity thereof is removed by substituting other protection, support and/or drainage facility, provided such substitution is first approved in writing by the Engineer. The Grantor hereby further grants to Grantee all trees, growths (growing or that may hereafter grow), and road building materials within said easement and right-of-way, including the right to take water, together with the right to use the same in such manner and at such locations as said grantee may deem proper. needful or necessary, in the construction, reconstruction, improvement or maintenance of said public road. The Grantor, for itself and Its successors and assigns, hereby waive any claim for any and all damages to Grantors remaining property contiguous to the easement and right-of-way hereby conveyed by reason of (a) the severance of the remalnderfrom the part taken; and (b) the construction and use of the public road project for which the property is taken in the manner proposed by the City whether or not the damage is caused by a portion of the project located on the part taken. Dated: ! 24t1/ Oscar 3aicedo ertha 3aicedo, wife of Grantor ATTACH NOTARY JURAT CALIFORNIA JURAT WITH AFFIANT STATEMENT f". See Attached Document (Notary to cross out lines 1-6 below) Li See Statement Below (Lines 1-5 to be completed only by document signer(s], riot Notary) Signature of Document Signer No. 1 State of California County of �nY� ►�� Place Notary Seal Above Signature of Document Signer No 2 (if any) Subscribed and sworn to (or affirmed) before me on this day of Vble\20 Obi , by Date Month Year (1) C)SC -tZ S' k e..d U (2) Name of Signer proved to me on the basis of satisfactory evidence to be the person who appeared before me (.) (,) (and Name of Signer proved to me on the basis of satisfactory evidence to be the person who appeared before me.) Signatures n. 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Signature OPTIONA L lJ !ate Signature of Notary Public 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 Further Description of Any Attached Document Title or Type of Document: E-Ptst✓-Aeten-4� Document Date _ VS.rPn1 __ Number of Pages: I... Signers) Other Than Named Above' O 4:1"2' «L '. U Top of thumb here F,, TCJf ?c� tGs�C L Cfic d`Z�v�'<S BSI t .�>I .CL�'rv` kG. '✓G>`�cr �= 02007 National Notary Association• 9350 De Soto Ave.. PO Box 2402 • Chatsworth, CA 91313.2402• www. NatbnalNotary org hem *5910 Reorde Can Ton -Free 1-800-8/6-6827 RIGHT THUMBPRINT OF SIGNER 82 Top of thumb here CITY OF NATIONAL CITY, CALIFORNIA CITY COUNCIL AGENDA STATEMENT MEETING DATE September 2, 2008 AGENDA ITEM NO. 8 ITEM TITLE Resolution Authorizing the Mayor to Execute a Cost Sharing Agreement Between the City and Library Village South, Inc. for Environmental Consultant Services for Specific Plan Amendment (SP-2005-3). PREPARED BY Raymond Pe 336-4421 DEPARTMENT Planning and Building EXPLANATION On December 6, 2005, Council initiated Specific Plan Amendment (SP-2005-3) to realign the Downtown Specific Plan boundary by adding three half -blocks east of Roosevelt Avenue, south of Civic Center Drive, and north of 16th Street to the plan area. Library Village South, Inc. has proposed two residential development projects on the half -block between 15`h and 16th Streets. On April 1, 2008, the developer requested that Council reduce the scope of the amendment and environmental review to the half block containing the two projects. Council considered the request, but directed staff to proceed with the amendment for all three half -blocks. Council recognized the cost of environmental review should not be borne solely by the developer; consequently, staff was directed to prepare a cost sharing agreement to apportion one third of the shared costs to the developer and two thirds to the City. Library Village South, Inc. has agreed to enter into the agreement with the City. If approved, staff will prepare and distribute a request for proposals for consultant services and recommend an award of contract for Council consideration. ENVIRONMENTAL REVIEW Not applicable for this action. FINANCIAL STATEMENT Account No. The City's share of the costs for consultant services could range from approximately $50,000 to $100,000 depending on the scope of the environmental review. As a condition precedent to the execution of the agreement, the developer has tendered an initial deposit of $25,000. STAFF RECOMMENDATION Approve the Resolution. Rcf BOARD / COMMISSION RECOMMENDATION Not applicable. ATTACHMENTS Cost Sharing Agreement Resolution No. A-200 (9/80) RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A COST SHARING AGREEMENT WITH LIBRARY VILLAGE SOUTH, INC., FOR ENVIRONMENTAL CONSULTANT SERVICES FOR THE SPECIFIC PLAN AMENDMENT WHEREAS, on December 6, 2005, the City Council initiated Specific Plan Amendment (SP-2005-3) to realign the Downtown Specific Plan boundary by adding three half - blocks east of Roosevelt Avenue, south of Civic Center Drive, and north of 16th Street to the Plan area; and WHEREAS, Library Village South, Inc., ("Developer") proposed two residential development projects on the half -block between 15th and 16th Streets; and WHEREAS, on April 1, 2008, the City Council considered the Developer's requested to reduce the scope of the amendment and environmental review to the half block containing the two projects, which was denied; and WHEREAS, the City Council recognizes that the cost of the environmental review should not be borne solely by the Developer, and desires to enter into a Cost Sharing Agreement with the Developer to apportion one-third of the cost to the Developer, and two- thirds to the City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Cost Sharing Agreement with Library Village South, Inc., for Environmental Consultant Services for the Specific Plan Amendment. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 2nd day of September, 2008. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Ron Morrison, Mayor COST SHARING AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND LIBRARY VILLAGE SOUTH, INC. THIS COST SHARING AGREEMENT (the "Agreement') is entered into this 2nd day of September 2008, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "City"), and LIBRARY VILLAGE SOUTH, INC. a California corporation (the "Developer"), on the terms and provisions set forth below. The City and Developer may sometimes be referred to herein individually as "Party" and collectively as "Parties." RECITALS A. On February 1, 2005, the City Council of the City adopted a Downtown Specific Plan ("Downtown Specific Plan"); B. Developer is the Owner of real property located on Roosevelt Street in National City, California ("Property"). The Owner's Property is located on the westerly half block of the block of property located between 15'h and 16th Streets, and bounded by National City Boulevard and Roosevelt Avenue (South Block); C. Developer has requested that the City amend the Downtown Specific Plan (DSP) to include the South Block within the Downtown Specific Plan with specific modifications to building heights and densities. The City has approved an initiation of an amendment to the Downtown Specific Plan to include the South block, as well as the westerly half blocks of the blocks located between Civic Center Drive and 15th Street and bounded by National City Boulevard and Roosevelt Avenue (Additional Blocks). The South Block and the Additional Blocks are depicted on Exhibit 1 attached hereto; D. The Parties seek to share costs of the DSP amendment for efficiencies and expediency. The City and the Developer will need to comply with the California Environmental Quality Act (CEQA) as part of the process of jointly pursuing the Specific Plan Amendment. This Agreement is written to set forth the areas where cost sharing will occur; E. Developer seeks to develop the South Block with two residential projects totaling approximately 30 and 40 units respectively and desires to achieve efficiencies by having this specific project part of the DSP amendment process; F. The City seeks to have the Additional Blocks as part of the DSP amendment because inclusion of these blocks makes for a more rational boundary; G. The Parties intend to apportion the costs in an equitable manner while achieving efficiencies in the planning process by reducing redundancies and time delay. NOW, THEREFORE, in consideration of the recitals and mutual covenants and conditions contained herein, the Parties hereto agree as follows: ARTICLE I IMPLEMENTATION OF ENVIRONMENTAL WORK 1.1 The Developer as to the South Block and the City as to the Additional Blocks shall supply all information to the City such that the City can process all documents necessary to satisfy requirements of the California Environmental Quality Act ("CEQA") and prepare any environmental documents necessary pursuant to CEQA for the Specific Plan Amendment. The Parties acknowledge that the City has not prepared an initial study to determine the environmental document that may be necessary under CEQA for the Specific Plan Amendment. As soon as reasonably practicable, the City shall prepare and distribute an invitation to consulting firms to submit their qualifications and bids to prepare any necessary CEQA documents ("EIR Consultant"), which invitation and the selection of the EIR Consultant shall be by the City. Developer may voice any objection to the selection of the EIR Consultant and City agrees to consider such objections prior to its final selection decision. Any reference herein to an Environmental Impact Report ("EIR") shall include any other CEQA documents such as a secondary study or mitigated negative declaration if appropriate. The City shall enter into the agreement for the preparation of any necessary EIR with the EIR Consultant, and the Developer and City shall be responsible for the EIR Consultant's fees and all costs associated therewith as follows: A. As to matters needed for the South Block and the Additional Blocks, the fees and costs of the EIR Consultant shall be borne 1/3 to Developer and 2/3 to City; B. As to matters specific to Developer's Project and the South Block, Developer to bear 100% of such fees and costs. C. As to matters specific to the Additional Blocks, City to bear 100% of such fees and costs. 1.2 To the extent practicable, the EIR Consultant shall be responsible for allocating the total fees and costs of the EIR Consultant in accordance with the formula stated above. 1.3 The City has preliminarily estimated that the total fees and costs for the Environmental Consultant will be between $50,000 and $200,000. 1.4 Upon selection of the EIR Consultant, Developer shall have the right to review the progress of the EIR Consultant with respect to the preparation of the ER for that portion addressing the South Block, as more particularly described below. Upon completion of each stage of preparation of the EIR, including the preparation of working papers, a proposed outline, first draft, and any revised drafts of the EIR, the EIR Consultant shall deliver a copy of each to Developer. Developer shall have the right to review each such work produced and provide feedback and input to the EIR Consultant in regard to the South Block. ARTICLE 11 DEVELOPER DEPOSIT 2.1 As a condition precedent to the City's execution of this Agreement, Developer has tendered to City, and City has accepted, a deposit ("Deposit") in the amount of Twenty -Five Thousand Dollars ($25,000), in the form of a cashier's or certified check, or wire transfer, payable to City. Developer's Deposit shall be used to pay for Developer's share of the EIR Consultant bills and costs, and to pay for City processing of Developer's portion of the EIR, consistent with the allocations used for payment to the EIR Consultant. Developer agrees that City may use the Deposit to reimburse the EIR Consultant and the City for their reasonable and actual costs incurred after the execution of this Agreement. City shall forward copies of the EIR Consultant's billings to Developer at the time it submits a reimbursement notice to the Developer. City shall withdraw funds from the Deposit, as needed to pay Developer's portion of such invoices and to pay Developer's portion of City processing. Any balance remaining from the Deposit, upon the final decision regarding the EIR and final processing by the City, shall be refunded only to the extent the fees and costs allocated to Developer are less than the amount of the Deposit. To the extent such fees and costs exceed the amount of the Deposit, Developer shall pay to City the difference within 15 days of City submitting a billing to Developer for such additional fees and costs. Notwithstanding the foregoing, the Parties understand that the City is reserving the right to exercise its discretion as to all matters which it is, by law, entitled or required to exercise its discretion. Nothing contained herein alters such rights. ARTICLE I1I GENERAL PROVISIONS 3.1 Applicable Law The laws of the State of California shall govern the interpretation and enforcement of this Agreement. 3.2 Acceptance of Service of Process In the event that any legal action is commenced by Developer against City, service of process on City shall be made by personal service upon the City, in such manner as provided by law. In the event that any legal- action is commenced by City against Developer, service of process on Developer shall be made by personal service upon 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. 3.3 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. 3.4 Attorney's Fees If either Party to this Agreement initiates or defends 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 reasonable attorney's fees. 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. 3.5 Termination Rights Either Party may terminate this Agreement if the other Party has materially defaulted in its obligations herein set forth, and the terminating party has provided the defaulting party with written notification of such determination and the defaulting party has refused to cure same. The written notification shall set forth the nature of the actions required to cure such default if curable. The defaulting party shall have thirty (30) days from the date of the written notification to cure such default. If such default is not cured within the thirty (30) days, the termination shall be deemed effective. For purposes of this paragraph, the Parties hereby acknowledge that time is of the essence. 3.6 Notices, Demands and Communications Between the Parties - Formal notices, demands, and communications between City 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, (iii) facsimile with a hard copy sent by United States mail; or (iv) or by mailing in the United States mail, certified mail, postage prepaid, return receipt requested, addressed to: To City: To Developer: With a copy to: City of National City Attention: Raymond Pe 1243 National City Boulevard National City, California 91950 Phone: (619) 336-4421 Library Village South, Inc. Attention: Mark Schmidt 9948 Hibert Street, Suite 210 San Diego, California 92131 Phone: (858) 571-0582 Smaha Law Group Attention: John L. Smaha 7860 Mission Center Court, Suite 100 San Diego, CA 92108 Phone: (619) 688-1557 Notices personally delivered, sent by fax with a confirmation by United States mail or delivered by document delivery service shall be deemed effective upon receipt. Notices sent solely by mail 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. 3.7 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 might otherwise apply. The part and paragraph headings used in this Agreement are for purposes of convenience only, and shall not he construed to limit or extend the meaning of this Agreement. 3.8 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. 3.9 Successors This Agreement shall be binding upon and shall inure to the benefit of the permitted successors of each of the Parties hereto. 3.10 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. 3.1 1 Time is of the Essence Time is of the essence for each of the Parties' obligations under this Agreement. 3.12 Recitals The recitals set forth above are incorporated herein by this reference. 3.13 Confidentiality Developer acknowledges and agrees that City is a public entity with a responsibility and, in many cases, legal obligation to conduct its business in a manner open and available to the public. Accordingly, any information provided by Developer to City with respect to the South Block or Developer may be disclosed to the public either purposely, inadvertently, or as a result of a public demand or order. With respect to any information provided that Developer reasonably deems and identifies in writing as proprietary and confidential in nature, City agrees to exercise its best efforts to keep such information confidential. IN WITNESS WHEREOF, the City and the Developer have signed this Agreement on the respective dates set forth below. CITY: CITY OF NATIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney DEVELOPER: LIBRARY VILLAGE SOUTH, INC. By: Mark Schmidt, President Signature Page to Cost Sharing Agreement City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE September 2, 2008 AGENDA ITEM NO. 9 ITEM TITLE Resolution of the City Council of the City of National City waiving the bid process and authorizing the purchase of 130 new trash containers from Rehrig Pacific Company, to replace the existing containers in the public right of way at a total cost of $45,755 to be paid from the Trash Reserve Fund. PREPARED BY Joe Smith, Director (Ext. 4587) ' 114 DEPARTMENT Public Works EXPLANATION On Tuesday, June 3, 2008 at a regular Council meeting of the City of National City an action was brought forward by Mayor Ron Morrison, which was unanimously approved by Council to purchase 130 new automated trash containers, to replace the existing, aging and worn city -owned containers in the public right of way. The type of automated trash containers to be purchased are the same currently used by the City and are approved by the City's contractor, EDCO Waste and Recycling Service. The containers approved by the Mayor and Council are of a different color than the existing containers and will bear the new City logo (see attached rendering). The total cost is $45,755 which includes the Forest Green containers, the new City logo on two sides, tax and delivery, and will be paid from the trash reserve fund. Staff requests that the City Council waive the formal bid process and authorize the Purchasing Agent to buy 130 new automated trash containers from Rehrig Pacific Company, per the attached quote. This action will allow the purchase to be made in a timely manner and ensure that the containers will integrate and be compatible with existing equipment and programs. This action is allowed by Purchasing Ordinance #1480, and Municipal Code #2.60.22. Environmental Review Ni N/A Financial Statement Approved By: Finance Director Funds transferred from trash stabilization fund and are available in account # 172-422-225-399 Account No. STAFF RECOMMENDATION Waive the formal bid process and authorize the Purc sing Agent to place the order with Rehrig Pacific Company. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Trash can rendering 2. Quote from Rehrig Pacific Company 3. Resolution A-200 (9/99) RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY WAIVING THE BID PROCESS PURSUANT TO SECTION 2.60.260 OF THE MUNICIPAL CODE, AND AUTHORIZING THE PURCHASE OF 130 NEW TRASH CONTAINERS FROM REHRIG PACIFIC COMPANY TO REPLACE THE EXISTING CONTAINERS IN THE PUBLIC RIGHTS -OF -WAY, FOR A TOTAL COST OF $45,755 WHEREAS, at a regular City Council meeting on June 3, 2008, the City Council unanimously approved the purchase of 130 new automated trash containers to replace the existing, aging, and worn city -owned trash containers located in public rights -of -way; and WHEREAS, the new 130 trash containers, can be purchased from Rehrig Pacific Company at a total cost of $45,755, are the same currently used by the City, but will be a different color than the existing containers, and will bear the new National City logo; and WHEREAS, the new trash containers have been approved by the City contractor, EDCO Waste and Recycling Service; and WHEREAS, National City Municipal Code 2.60.220(D) authorizes dispensing with the bidding procedure when the City Council determines by best business judgment that due to special circumstances it is to the city's best interest to purchase a commodity directly or enter into a contract without compliance with the bidding procedure. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby determines that special circumstance exist, in that the proposed purchase will allow the trash containers to be purchased on a timely basis, and will insure that the containers will integrate and be compatible with existing equipment and programs. BE IT FURTHER RESOLVED that the City Council hereby waives the bid process, and authorizes the purchase of 130 new automated trash containers to replace the existing, aging, and worn city -owned trash containers located in public right-of-ways from Rehrig Pacific Company for a total cost of $45,755. PASSED and ADOPTED this 2nd day of September, 2008. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, Ill City Attorney ,iZehrig ,}c (rompanp Since 1913 60 Gallon PLC This drawing is the property of Rehrig Pacific Company ("Rehrig") and contains proprietary and confidential information belonging to Rehrig. This drawing is made available to the recipient on the specific condition that neither It nor the information contained therein will be copied or disclosed by the recipient except for intemal review purposes or to obtain technical information from an equipment manufacturer who has been advised of and agrees to be bound by the terms of this agreement. Recipient agrees to immediately retum this drawing and all copies thereof upon Rehrig's demand. ©2007 Rehrig Pacific Company Please kaltlitTo PO kt5:0414457 ii 7/25/2008 ri2eb_rig ,tea i . c Tom -pm -iv a -iv 4010 East 26th Street Los Angeles, California 90023 (323)262-5145 u,. CITY OF NATIONAL CITY ATTN JEFF SERVATIUS 2100 HOOVER AVENUE NATIONAL CITY: CA 91950 SS .- u�aa,•: r.%,L i,r�veYs ,Efgtkt-L- 5/2008 '�l."•4ikia��'1 LA063008 INVOICE CITY OF NATIONAL CITY ATTN JEFF SERVATIUS 2100 HOOVER AVENUE NATIONAL CITY, CA 91950 130 60-GALLON PUBLIC LITTER CONTAINER FOREST GREEN COLOR WITH NATIONAL CITY LOGO ON ONE SIDE OF CONTAINER (1 side of 4) $320 00 SUB TOTAL: TAX TOTAL (8.75%): FREIGHT TOTAL: INVOICE TOTAL: $4 1.600.00 $41.600 00 3,640.00 $515 00 $45.7 55.00 City of National City, California COUNCIL AGENDA STATEMENT IEETING DATE September 2 AGENDA ITEM NO. 10 ITEM TITLE Resolution of the City Council of the City of National City authorizing the Mayor to� execute a Temporary Use Permit for National City's Use of PASHA Parking Lot "J" Located on San Diego Unified Port District Property for Temporary Parking in Conjunction with a Free Bayfront Expo & Concert Program at Pepper Park. PREPARED BY DEPARTMENT Kaseem Baker Community Services Phone: (619) 33 -4274 EXPLANATION This item authorizes the approval of a Temporary Use Permit for National City's use of PASHA Parking Lot "J" located on Port property for temporary parking in conjunction with the Bayfront Expo and Concert on Saturday, September 13th, 2008 from 11 am — 7pm. The City of National City will be partnering with the NC Chamber of Commerce to include a business expo and food vendors. The City will also be coordinating with the Home Depot for free family -friendly arts and crafts. Live entertainment will include Boogie Knights, Savor (Santana Tribute Band), and Big Time Operator. Free round-trip shuttle services to the event from 1 pm-8pm by Old Town Trolley Tours at the following locations: Kimball Senior Center, 24th Street Trolley, and the Holiday Inn. Environmental Review .4 N/A Financial Statement Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Drawing No. 028-007 / Exhibit A 2. San Diego Unified Port Temporary Use Permit A-200 (9/99) RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A TEMPORARY USE PERMIT WITH THE SAN DIEGO UNIFIED PORT DISTRICT FOR NATIONAL CITY'S USE OF PASHA PARKING LOT "J" LOCATED ON PORT DISTRICT PROPERTY FOR TEMPORARY PARKING IN CONJUNCTION WITH A FREE BAYFRONT EXPO AND CONCERT PROGRAM AT PEPPER PARK WHEREAS, on September 13, 2008, the City of National City will present the annual free Bayfront Expo and Concert Program at Pepper Park for the benefit of its citizens; and WHEREAS, the San Diego Unified Port District requires the City to execute a Temporary Use Permit for use of PASHA Parking Lot "J", which is located on San Diego Unified Port District Property, for additional public parking for the event. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby ratifies the execution of the required Temporary Use Permit for the use of Pasha Parking Lot "J", which is located on San Diego Unified Port District Property, to provide parking for members of the public attending the annual Bayfront Expo and Concert Program at Pepper Park on September 13, 2008. Said Permit is on file in the office of the City Clerk. PASSED and ADOPTED this 2nd day of September, 2008. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Ron Morrison, Mayor TEMPORARY USE PERMIT THIS PERMIT, granted this day of , 20, by the SAN DIEGO UNIFIED PORT DISTRICT, a public corporation, hereinafter called "District," to THE CITY OF NATIONAL CITY, a municipal corporation, hereinafter called "Permittee," WITNESSETH: District for the considerations hereinafter set forth, hereby grants to Permittee upon the terms and conditions and for the purposes and uses hereinafter set forth, the right to use and occupy a portion of those lands conveyed to the San Diego Unified Port District by that certain Act of the Legislature of the State of California, entitled "San Diego Unified Port District Act," Stats. 1962, 1st Ex. Sess., c. 67, as amended, which lands are generally described as follows: Approximately 145,811 square feet of land located at the southeast corner of 32nd Street and Tidelands Avenue in National City, California, as more particularly delineated on Drawing No. 028-007, attached hereto as Exhibit "A" and by this reference made a part hereof. This Permit is granted upon the following terms and conditions: 1. The term of this Permit shall be for five (5) days, commencing on the 11th day of September, 2008, and ending on the 15th day of September, 2008, unless sooner terminated as herein provided. 2. As and for consideration, Permittee agrees to provide the services as described in Paragraph 3 herein for the benefit of the People of the State of California. 3. The above -described premises shall be used only and exclusively for the purpose of providing temporary vehicle parking for the National City Annual Music Concert at the adjacent Pepper Park to be held on September 13th, 2008 and for no other purpose whatsoever without the prior written consent of the Executive Director of District in each 1 instance. Permittee shall be responsible in providing lighting, security, parking and traffic control at the premises. 4. Permittee shall comply with all applicable laws, rules and regulations of District and other governmental entities. 5. Permittee shall keep the property and all equipment used in connection with this Permit in a clean, safe, sound and presentable condition at all times. 6. Permittee acknowledges prior examination of the premises and the condition thereof, and agrees that the improvements thereon, if any, are, in their present condition, satisfactory and usable for Permittee's purposes and that no representations as to value or condition have been made by or on behalf of the District. Permittee agrees that it shall make no changes or alterations in the premises, nor make, erect, or install any machines, signs, or other improvements thereon without the consent in writing of the Executive Director of District. Permittee further agrees to provide proper containers for trash and to keep the premises free and clear of rubbish, debris, and litter at all times. 7. On the commencement date of the term of this Permit, all existing structures, buildings, installations, and improvements of any kind located on the above -described premises are owned by and title thereto is vested in District. All structures, buildings, installations, and improvements placed on the above -described premises by Permittee subsequent to the commencement date of the term of this Permit shall at the option of District be removed by Permittee at Permittee's expense within twenty-four (24) hours after the expiration of the term of this Permit or sooner termination thereof. District may exercise said option as to any or all of the structures, buildings, installations, and improvements, either before or after the expiration or sooner termination of this Permit. If District exercises such option and Permittee fails to remove such structures, buildings, installations, and improvements within said twenty-four (24) hours, District shall have the right to have such structures, buildings, installations, and improvements removed at the expense of Permittee. As to any or all structures, buildings, installations, and improvements owned by Permittee for which District does not exercise said option for removal, title thereto shall vest in District, without cost to District and without payment to Permittee. Machines, appliances, equipment, and trade fixtures of any kind hereafter placed on the above -described premises by Permittee are owned by and title thereto is vested in Permittee and shall be removed by Permittee within twenty-four (24) hours after the expiration of the term of this Permit or sooner termination thereof; provided, however, Permittee agrees to repair any and all damage occasioned by the removal thereof. If any such machines, appliances, equipment, and trade fixtures are not removed within twenty-four (24) hours after the termination of this Permit, the same may be considered abandoned and shall thereupon become the property of District without cost to District and 2 without payment to Permittee, except that District shall have the right to have the same removed at the expense of Permittee. 8. Permittee hereby agrees that upon the expiration of this Permit or the sooner termination as herein provided, it will remove within twenty-four (24) hours all ships, vessels, barges, hulls, debris, surplus, and salvage materials from the area forming a part of or adjacent to the above -described premises, so as to leave the same in as good condition as when first occupied by Permittee, subject to reasonable wear and tear; provided, however, that if any said ships, vessels, barges, hulls, debris, surplus, and salvage materials shall not be so removed within twenty-four (24) hours by Permittee, District may remove, sell, or destroy the same at the expense of Permittee; and Permittee hereby agrees to pay District the cost of such removal, sale, or destruction; or at the option of District, the title to said ships, vessels, barges, hulls, debris, surplus, and salvage materials not removed shall become the property of District. 9. This Permit may be canceled by Executive Director of District or his duly authorized representative or Permittee by the giving of twenty-four (24) hours' notice in writing to the other party. Such cancellation shall be without liability of any nature. 10. This Permit shall not be transferred or assigned. 11. Permittee shall, to the fullest extent permitted by law, defend, indemnify, and hold harmless District and its officers, employees, and agents for any and all liability, claims, judgments, damages, proceedings, orders, directives, costs, including reasonable attorneys' fees, or demands arising directly or indirectly out of the obligations undertaken in connection with this Agreement, or Permittee's use, occupancy, possession or operation of the above -described Premises, except claims or litigation arising through the sole negligence or willful misconduct of District. It is the intent of this Paragraph that Permittee indemnify and hold harmless District for any actions of Permittee or District, including duties that may be legally delegated to Permittee or to third parties, except for those arising out of the sole negligence or willful misconduct of District. This indemnity obligation shall apply for the entire time that any third party can make a claim against or sue District for liabilities arising out of Permittee's use, occupancy, possession, or operation of the above -described Premises, or arising from any defect in any part of the above -described Premises. 12. Permittee shall not engage in any activity on property of District other than the activity for which this Permit is expressly issued. 13. Permittee shall be subject to and comply with any special conditions attached hereto. 14. Permittee shall maintain "OCCURRENCE" form Commercial General Liability Insurance covering premises and operations in the amount of not less than Two Million Dollars ($2,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage suffered or alleged to be suffered by any person or persons 3 whatsoever resulting directly or indirectly from any act or activities of Permittee, of any person acting for it or under its control or direction, or any person authorized by it to use the above -described premises. Either the general aggregate limit shall apply separately to this location or the general aggregate limit shall be twice the required occurrence limit. All required insurance shall be in force the first day of the term of this Permit. All insurance companies must be satisfactory to District, and the cost of all required insurance shall be borne by Permittee. Certificates in a form acceptable to District evidencing the existence of the necessary insurance policies, and original endorsements effecting coverage required by this clause, shall be kept on file with District during the entire term of this Permit. Certificates for each insurance policy are to be signed by a person authorized by that insurer to issue evidence of coverage on its behalf. Endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The District reserves the right to require complete, certified copies of all required policies at any time. All liability insurance policies will name, or be endorsed to name, District, its officers, officials and employees as additional insureds and protect District, its officers, officials and employees against any legal costs in defending claims. All insurance policies will be endorsed to state that coverage will not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, retum receipt requested has been given to the District. And, all insurance policies will be endorsed to state that Permittee's insurance is primary and not excess or contributing to any insurance issued in the name of District. Any deductibles or self -insured retentions must be declared and acceptable to the District. At the option of the District, either: the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the District, its officers, officials, and employees; or, the Permittee shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. District shall retain the right at any time to review the coverage, form, and amount of the insurance required hereby. If, in the opinion of District, the insurance provisions in this Permit do not provide adequate protection for District and/or for members of the public, District may require Permittee to obtain insurance sufficient in coverage, form and amount to provide adequate protection. District's requirements shall be reasonable but shall be designed to assure protection from and against the kind and extent of risk which exist at the time a change in insurance is required. District shall notify Permittee in writing of changes in the insurance requirements and, if Permittee does not deposit certificates evidencing acceptable insurance policies with District incorporating such changes within sixty (60) days of receipt of such notice, this Permit shall be in default without further notice to Permittee, and District shall be entitled to all legal remedies. 4 The procuring of such required policies of insurance shall not be construed to limit Permittee's liability hereunder, nor to fulfill the indemnification provisions and requirements of this Permit. Notwithstanding said policies of insurance, Permittee shall be obligated for the full and total amount of any damage, injury, or loss caused by negligence or neglect connected with this Permit or with the use or occupancy of the above -described premises. Permittee may satisfy the requirements of this Section 14 by maintaining its lawful self - insured status during the term of this Permit. 15. In the event any suit is commenced to enforce, protect or establish any right or remedy of any of the terms and conditions hereof, including without limitation a summary action commenced by District under the laws of the State of California relating to the unlawful detention of property, the prevailing party shall be entitled to have and recover from the losing party reasonable attorney's fees and costs of suit. 16. Permittee shall comply with all requirements and directives of the Executive Director of District. 17. By signing this Permit, Permittee represents and warrants that it has independently inspected the premises and made all tests, investigations and observations necessary to satisfy itself of the condition of the premises. Permittee agrees it is relying solely on such independent inspection, tests, investigations and observations in making this Permit. Permittee also acknowledges that the premises are in the condition called for by this Permit, that District has performed all work with respect to premises and that Permittee does not hold District responsible for any defects in the premises. Permittee furthermore accepts and shall be responsible for any risk of harm to any person and property, including without limitation employees of Permittee, from any latent defects in the premises. 5 18. Disputes or disagreements between or among the parties arising out of or relating to the terms, conditions, interpretation, performance, default or any other aspect of this Permit, such parties shall first attempt to resolve the dispute informally. In the event the dispute is not resolved informally, prior to and as a precondition to the initiation of any legal action or proceeding, the parties shall refer the dispute to mediation before a retired State or Federal judge mutually selected by the parties. The dispute shall be mediated through informal, nonbinding joint conferences or separate caucuses with an impartial third party mediator who will seek to guide the parties to a consensual resolution of the dispute. The mediation proceeding shall be conducted within thirty (30) days (or any mutually agreed longer period) after referral, and shall continue until any party involved concludes, in good faith, that there is no reasonable possibility of resolving the dispute without resort to a legal action or proceeding. All costs of the mediation shall be shared equally by the parties involved. Each party shall bear its own attorneys' fees and other costs incurred in connection with the mediation. In the event the parties are unable to resolve the dispute through mediation, in addition to any other rights or remedies, any party may institute a legal action. Port Attorney SAN DIEGO UNIFIED PORT DISTRICT By By Ron Popham Senior Director, Maritime Permittee hereby accepts this Permit and agrees to comply with all the terms and conditions thereof. THE CITY OF NATIONAL CITY By Print Name: Print Title: Mayor, City of National City Address: 1243 National City Boulevard National City, CA 91950-4301 6 6ERni 24-1 0717 ii14 ROL7© FEggli37iliv4 L TONAL r.� 0 SEE SHEET,NO2 NOTE 1. -PERMIT- AREA SHOWN SHADED 2. BEARINGS AND DISTANCES ARE BASED ON THE CALIFORNIA COORDINATE SYSTEM, ZONE 6, N.A.D. 83, EPOCH 1991.35. cP i N 1 DRAWN.lYi1L FOSTER • .,. SAN DIEGO UNIFIED PORT DISTRICT WITHIN CORPORATE UMITS OF NATIONAL CITY EXFIIBITA DATE 27 JANUAF{Y 2005 SCALE NQ SCA) E_ SURVE' DRAWING NO. SHEET1OF 028-007 DEVSERV\REMI\e028\028-007\028-007_012705.dwg 7 027-003 THE PASHA GROUP PARCEL NO. 7 028-022 B.N.S.F. 028-013 P.O.C. 3"DIA. BRASS. DISK MONUMENT STAMPED "SDUPD-020" AS SHOWN ON.R.O.S.• NO.16668 go S -q�Fc�pGI) 0/Ri 028-009. PER PARK SAN DIEGO UNIFIED PORT DISTRICT iA 0 3 Sob&E ES 028-010 NATIONAL CITY MARINA SITE i 1 GRAPHIC SCALE 0 25' 50' 100' 1' = 100' DATE 27 JANUARY 2005 SCALE 1.' 100' REF. FIELD SURVEY DRA1G NO. sI-ET 2 OF: 2_ 028-007 DEVSERv\REMI\8028\028-007\028-007 O127O5.dwg a City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE September 2, 2008 AGENDA ITEM NO. 11 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING AN AMENDED CONFLICT OF INTEREST CODE WHICH INCORPORATES BY REFERENCE THE FAIR POLITICAL PRACTICES COMMISSION'S STANDARD MODEL CONFLICT OF INTEREST CODE, AND RESCINDING RESOLUTION NO. 2006-198 PREPARED BY George H. Eiser, III %A DEPARTMENT City Attorney (Ext. 4221) EXPLANATION Please see attached memorandum. Environmental Review ✓ N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the attached Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Proposed resolution J A-200 (9/99) City of National City Office of the City Attorney 1243 National City Boulevard, National City, CA 91950-4301 George H. Eiser, I11 . City Attorney (619) 336-4220 Fax (619) 336-4327 TDD (619) 336-1615 TO: Mayor and City Council FROM: City Attorney SUBJECT: Proposed Amendment of Conflict of Interest Code DATE: August 25, 2008 The Political Refonn Act (the "Act") requires various city officials to file an annual Statement of Economic interests ("SEI"). Those required to file statements are divided into two groups - those required to file under Government Code Section 87200 (mayors, council members, planning commissioners, city managers, city attorneys, and those who manage public investments), and those required to file under Government Code Section 87300. The reporting requirements of the Section 87200 filers are established by State law. The reporting requirements of the Section 87300 filers are established by conflict of interest codes adopted by each city. Additionally, those individuals who must file a statement under the conflict of interest code is prescribed by such code. The criteria for determining whether an officer, employee, board member, or commissioner should file a statement of economic interests under a conflict of interest code, are set forth in Section 18700 of Title 2 of the California Code of Regulations, and in Section 82019 of the Government Code. Essentially, if an individual's duties involve making or participation in the making of governmental decisions that may have a material effect upon a financial interest of that individual, then the individual is subject to the reporting requirement. Section 87306.5 of the Act requires that no later than October 1 of each even -numbered year, the code reviewing body (the City Council is the "code reviewing body" for all agencies in the City, including the CDC) shall cause a review of its conflict of interest code to occur, and for the code to be amended if necessitated by changed circumstances. The City Council last amended the City's Conflict of Interest Code on September 19, 2006, pursuant to Resolution No. 2006-198. At the present time, it is my recommendation that the Code be amended to reflect changes in various designated positions in the City and CDC Staff, as follows: Recycled Paper Proposed Amendment of Conflict of Interest Code August 25, 2008 Page 2 ADDED POSITIONS Assistant Chief of Police Assistant Director of Public Works/Engineering Building Inspector Building Official Community Development Program Manager Community Development Specialist III Deputy Director of Finance Director of Community Development Management Analyst III Neighborhood Council Coordinator Neighborhood Services Manager Housing Program Manager, Redevelopment Park Superintendent Park Supervisor Police Lieutenant Police Support Services Manager Principal Civil Engineer Redevelopment Manager Senior Building Inspector Street and Wastewater Superintendent Wastewater Supervisor DELETED POSITIONS Commercial Building Inspector Deputy Director of Finance/Administration, Community Development Commission Director of Building and Safety Housing Program Manager, CDC Project Manager, CDC Redevelopment Project Manager, CDC Residential Building Inspector Senior Economic Development Manager, CDC Senior Project Manager, CDC Sewer Maintenance Supervisor Transit Director The revisions proposed above are necessitated primarily due to the changes in job titles caused by the consolidation of the City and CDC, as well as changes in job duties resulting from the consolidation. The proposed revisions would also add positions to the list of those who must file a SEI. It is recommended that these position be added because they meet the criteria for the required filing of a SEI set forth in the California Government Code and in the California Code of Regulations. It is also recommended that the number of Financial Interest Disclosure Categories required to be reported be increased to include categories 1 through 7; the City's existing Conflict of Interest Code requires the reporting of interests in Disclosure Categories 1, 2, and 7 only. Categories 1 through 7 are set forth below: Proposed Amendment of Conflict of Interest Code August 25, 2008 Page 3 CATEGORY 1: CATEGORY 2: CATEGORY 3: CATEGORY 4: CATEGORY 5: CATEGORY 6: CATEGORY 7: Investments and sources of income. Interests in real property. Investments, interests in real property, and sources of income subject to the regulatory, permit, or licensing authority of the department. Investments in business entities and sources of income that engage in land development, construction, or the acquisition or sale of real property. Investments in business entities and sources of income of the type which, within the past 12 months or calendar year, whichever is applicable, have contracted with the City of National City or the Community Development Commission of the City of National City to provide services, supplies, materials, machinery, or equipment. Investments in business entitles and sources of income of the type which, within the past 12 months or calendar year, whichever is applicable, have contracted with the person's department to provide services, supplies, materials, machinery, or equipment. Business positions. This recommendation is based on a perceived change in recent years in the types of activities and transactions that the City and its staff are involved in on a daily basis. GEORGE H. EISER, III City Attorney GHE/gmo Page I LEXSTAT 2 CCR 18730 BARCLAYS OFFICIAL, CALIFORNIA CODE OF REGULATIONS Copyright (c) 2008 by Barclays Law Publishers All rights reserved * THIS DOCUMENT IS CURRENT THROUGH REGISTER 2008, NO. 30, JULY 25, 2008 * TITLE 2. ADMINISTRATION DIVISION 6. FAIR POLITICAL PRACTICES COMMISSION CHAPTER 7. CONFLICTS OF INTEREST ARTICLE 2. DISCLOSURE 2 CCR 18730 (2008) § 18730. Provisions of Conflict of Interest Codes (a) Incorporation by reference of the terms of this regulation along with the designation of employees and the formula- tion of disclosure categories in the Appendix referred to below constitute the adoption and promulgation of a conflict of interest code within the meaning of Government Code section 87300 or the amendment of a conflict of interest code within the meaning of Government Code section 87306 if the terms of this regulation are substituted for terms of a con- flict of interest code already in effect. A code so amended or adopted and promulgated requires the reporting of report- able items in a manner substantially equivalent to the requirements of article 2 of chapter 7 of the Political Reform Act, Government Code sections 81000, et seq. The requirements of a conflict of interest code are in addition to other re- quirements of the Political Reform Act, such as the general prohibition against conflicts of interest contained in Gov- ernment Code section 87100, and to other state or local laws pertaining to conflicts of interest. (b) The terms of a conflict of interest code amended or adopted and promulgated pursuant to this regulation are as follows: (1) Section 1. Definitions. The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (2 Cal. Code of Regs. sections 18110, et seq.), and any amendments to the Act or regulations, are in- corporated by reference into this conflict of interest code. (2) Section 2. Designated Employees. The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on economic inter- ests. (3) Section 3. Disclosure Categories. This code does not establish any disclosure obligation for those designated employees who are also specified in Government Code section 87200 if they are designated in this code in that same capacity or if the geographical jurisdic- tion of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their economic interests pursuant to article 2 of chapter 7 of the Political Reform Act, Government Code sections 87200, et seq. In addition, this code does not establish any disclosure obligation for any designated employees who are designated in a conflict of interest code for another agency, if all of the following apply: (A) The geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction of the other agency; (B) The disclosure assigned in the code of the other agency is the same as that required under article 2 of chapter 7 of the Political Reform Act, Government Code section 87200; and EXHIBIT "A" Page 2 2 CCR 18730 (C) The tiling officer is the same for both agencies. nl Such persons are covered by this code for disqualification purposes only. With respect to all other designated em- ployees, the disclosure categories set forth in the Appendix specify which kinds of economic interests are reportable. Such a designated employee shall disclose in his or her statement of economic interests those economic interests he or she has which are of the kind described in the disclosure categories to which he or she is assigned in the Appendix. It has been determined that the economic interests set forth in a designated employee's disclosure categories are the kinds of economic interests which he or she foreseeabty can affect materially through the conduct of his or her office. (4) Section 4. Statements of Economic Interests: Place of Filing. The code reviewing body shall instruct all designated employees within its code to file statements of economic in- terests with the agency or with the code reviewing body, as provided by the code reviewing body in the agency's con- flict of interest code. n2 (5) Section 5. Statements of Economic Interests: Time of Filing. (A) Initial Statements. All designated employees employed by the agency on the effective date of this code, as originally adopted, promulgated and approved by the code reviewing body, shall file statements within 30 days after the effective date of this code. Thereafter, each person already in a position when it is designated by an amendment to this code shall file an initial statement within 30 days after the effective date of the amendment. (B) Assuming Office Statements. All persons assuming designated positions after the effective date of this code shall file statements within 30 days after assuming the designated positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed. (C) Annual Statements. All designated employees shall file statements no later than April I. (D) Leaving Office Statements. All persons who leave designated positions shall file statements within 30 days af- ter leaving office. (5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming Office. Any person who resigns within 12 months of initial appointment, or within 30 days of the date of notice provided by the filing officer to file an assuming office statement, is not deemed to have assumed office or left office, provided he or she did not make or participate in the making of, or use his or her position to influence any decision and did not receive or become entitled to receive any form of payment as a result of his or her appointment. Such persons shall not file either an assuming or leaving office statement. (A) Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do both of the f>Ilowing: (1) File a written resignation with the appointing power; and (2) File a written statement with the filing officer declaring under penalty of perjury that during the period between appointment and resignation he or she did not make, participate in the making, or use the position to influence any deci- sion of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. (6) Section 6. Contents of and Period Covered by Statements of Economic Interests. (A) Contents of initial Statements. Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the code and income received during the 12 months prior to the effective date of the code. (B) Contents of Assuming Office Statements. Assuming office statements shall disclose any reportable investments, interests in real property and business posi- tions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of nomi- nation, and income received during the 12 months prior to the date of assuming office or the date of being appointed or nominated, respectively. Page 3 2 CCR 18730 (C) Contents of Annual Staternents. Annual statements shall disclose any reportable investments, interests in real property, income and business positions held or received during the previous calendar year provided, however, that the period covered by an employee's first annual statement shall begin on the effective date of the code or the date of as- suming office whichever is later, or for a board or commission member subject to Government Code section 87302.6, the day after the closing date of the most recent statement filed by the member pursuant to 2 Cal. Code Regs. section 18754. (D) Contents of Leaving Office Statements. Leaving office statements shall disclose reportable investments, interests in real property, income and business po- sitions held or received during the period between the closing date of the last statement filed and the date of leaving office. (7) Section 7. Manner of Reporting. Staternents of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information: (A) Investment and Real Property Disclosure. When an investment or an interest in real property n3 is required to be reported, n4 the statement shall contain the following: 1. A statement of the nature of the investment or interest; 2. The name of the business entity in which each investment is held, and a general description of the business activ- ity in which the business entity is engaged; 3. The address or other precise location of the real property; 4. A statement whether the fair market value of the investment or interest in real property equals or exceeds two thousand dollars ($ 2,000), exceeds ten thousand dollars ($ 10,000), exceeds one hundred thousand dollars ($ 100,000), or exceeds one million dollars ($ 1,000,000). (B) Personal Income Disclosure. When personal income is required to be reported, n5 the statement shall contain: 1. The name and address of each source of income aggregating five hundred dollars ($ 500) or more in value, or fifty dollars ($ 50) or more in value if the income was a gift, and a general description of the business activity, if any, of each source; 2. A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was one thousand dollars ($ 1,000) or less, greater than one thousand dollars ($ 1,000), greater than ten thousand dollars ($ 10,000), or greater than one hundred thousand dollars ($ 100,000); 3. A description of the consideration, if any, for which the income was received; 4. In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift; the amount or value of the gift; and the date on which the gift was received; 5. In the case of a loan, the annual interest rate and the security, if any, given for the loan and the term of the loan. (C) Business Entity Income Disclosure. When income of a business entity, including income of a sole proprietor- ship, is required to be reported, n6 the statement shall contain: 1. The name, address, and a general description of the business activity of the business entity; 2. The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than ten thousand dollars ($ 10,000). (D) Business Position Disclosure. When business positions are required to be reported, a designated employee shall list the name and address of each business entity in which he or she is a director, officer, partner, trustee, employee, or in which he or she holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity. Page 4 2 CCR 18730 (E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement, if an in- vestment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal. (8) Section 8. Prohibition on Receipt of Honoraria. (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept any honorarium from any source, if the member or employee would be required to report the receipt of in- come or gifts from that source on his or her statement of economic interests. This section shall not apply to any part- time member of the governing board of any public institution of higher education, unless the member is also an elected official. Subdivisions (a), (b), and (c) of Government Code Section 89501 shall apply to the prohibitions in this section. This section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Government Code section 89506. (8.1) Section 8.1. Prohibition on Receipt of Gifts in Excess of $ 390. (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept gifts with a total value of more than $ 390 in a calendar year from any single source, if the member or em- ployee would be required to report the receipt of income or gifts from that source on his or her statement of economic interests. This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. Subdivisions (e), (f), and (g) of Government Code section 89503 shall apply to the prohibitions in this section. (8.2) Section 8.2. Loans to Public Officials. (A) No elected officer of a state or local government agency shall, from the date of his or her election to office through the date that he or she vacates office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the elected officer holds office or over which the elected officer's agency has direction and control. (B) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the public official holds office or over which the public official's agency has direction and control. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (C) No elected officer of a state or local government agency shall, from the date of his or her election to office through the date that he or she vacates office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness cre- ated in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. (D) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transac- tion, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (E) This section shall not apply to the following: l . Loans made to the campaign committee of an elected officer or candidate for elective office. Page 5 2 CCR 18730 2. Loans made by a public official's spouse, child, parent, grandparent, grandchild, brother, sister, parent -in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such persons, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section. 3. Loans from a person which, in the aggregate, do not exceed five hundred dollars ($ 500) at any given time. 4. Loans made, or offered in writing, before January 1, 1998. (8.3) Section 8.3. Loan Terms. (A) Except as set forth in subdivision (B), no elected officer of a state or local government agency shall, from the date of his or her election to office through the date he or she vacates office, receive a personal loan of five hundred dollars ($ 500) or more, except when the loan is in writing and clearly states the terms of the loan, including the parties to the loan agreement, date of the loan, amount of the loan, term of the loan, date or dates when payments shall be due on the loan and the amount of the payments, and the rate of interest paid on the loan. (B) This section shall not apply to the following types of loans: 1. Loans made to the campaign committee of the elected officer. 2. Loans made to the elected officer by his or her spouse, child, parent, grandparent, grandchild, brother, sister, par- ent -in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise ex- empted under this section. 3. Loans made, or offered in writing, before January 1, 1998. (C) Nothing in this section shall exempt any person from any other provision of Title 9 of the Government Code. (8.4) Section 8.4. Personal Loans. (A) Except as set forth in subdivision (B), a personal loan received by any designated employee shall become a gift to the designated employee for the purposes of this section in the following circumstances: 1. If the loan has a defined date or dates for repayment, when the statute of limitations for filing an action for de- fault has expired. 2. If the loan has no defined date or dates for repayment, when one year has elapsed from the later of the following: a. The date the loan was made. b. The date the last payment of one hundred dollars ($ 100) or more was made on the loan. c. The date upon which the debtor has made payments on the loan aggregating to less than two hundred fifty dollars ($ 250) during the previous 12 months. (13) This section shall not apply to the following types of loans: 1. A loan made to the campaign committee of an elected officer or a candidate for elective office. 2. A loan that would otherwise not be a gift as defined in this title. 3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor has taken rea- sonable action to collect the balance due. 4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor, based on rea- sonable business considerations, has not undertaken collection action. Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this paragraph has the burden of proving that the decision for not taking collection action was based on reasonable business considerations. 5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy. (C) Nothing in this section shall exempt any person from any other provisions of Title 9 of the Government Code. (9) Section 9. Disqualification. Page 6 2 CCR 18730 No designated employee shall make, participate in making, or in any way attempt to use his or her official position to influence the making of any governmental decision which he or she knows or has reason to know will have a rea- sonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official or a rnember of his or her immediate family or on: (A) Any business entity in which the designated employee has a direct or indirect investment worth two thousand dollars ($ 2,000) or more; (13) Any real property in which the designated employee has a direct or indirect interest worth two thousand dollars ($ 2,000) or more: (C) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating five hundred dollars ($ 500) or more in value provided to, received by or promised to the designated employee within 12 months prior to the time when the decision is made; (D) Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; or (E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $ 390 or more provided to, received by, or promised to the designated employee within 12 months prior to the time when the decision is made. (9.3) Section 9.3. Legally Required Participation. No designated employee shall be prevented from making or participating in the making of any decision to the ex- tent his or her participation is legally required for the decision to be made. The fact that the vote of a designated em- ployee who is on a voting body is needed to break a tie does not make his or her participation legally required for pur- poses of this section. (9.5) Section 9.5. Disqualification of State Officers and Employees. In addition to the general disqualification provisions of section 9, no state administrative official shall make, par- ticipate in making, or use his or her official position to influence any governmental decision directly relating to any con- tract where the state administrative official knows or has reason to know that any party to the contract is a person with whore the state administrative official, or any member of his or her immediate family has, within 12 months prior to the time when the official action is to be taken: (A) Engaged in a business transaction or transactions on terms not available to members of the public, regarding any investment or interest in real property; or (B) Engaged in a business transaction or transactions on terms not available to members of the public regarding the rendering of goods or services totaling in value one thousand dollars ($ 1,000) or more. (10) Section 10. Disclosure of Disqualifying Interest. When a designated employee determines that he or she should not make a governmental decision because he or she has a disqualifying interest in it, the determination not to act may be accompanied by disclosure of the disqualifying interest. (11) Section 11. Assistance of the Commission and Counsel. Any designated employee who is unsure of his or her duties under this code may request assistance from the Fair Political Practices Commission pursuant to Government Code section 831 /4 and 2 Cal. Code Regs. sections 18329 and 18329.5 or from the attorney for his or her agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal opinion. (12) Section 12. Violations. This code has the force and effect of law. Designated employees violating any provision of this code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Government Code sections 81000- 91014. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Gov- ernment Code section 87100 or 87450 has occurred may be set aside as void pursuant to Government Code section 91003. Page 7 2 CCR 18730 n I Designated employees who are required to file statements of economic interests under any other agency's con- flict of interest code, or under article 2 for a different jurisdiction, may expand their statement of economic interests to cover reportable interests in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and distinct statements, provided that each copy of such expanded statement filed in place of an, original is signed and verified by the designated employee as if it were an original. See Government Code section 81004. n2 See Government Code section 81010 and 2 Cal. Code of Regs. section 18115 for the duties of filing officers and persons in agencies who make and retain copies of statements and forward the originals to the filing officer. n3 For the purpose of disclosure only (not disqualification), an interest in real property does not include the princi- pal residence; of the filer. n4 Investments and interests in real property which have a fair market value of less than $ 2,000 are not invest- ments and interests in real property within the meaning of the Political Reform Act. However, investments or interests in real property of an individual include those held by the individual's spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual, spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 percent or greater. n5 A designated employee's income includes his or her community property interest in the income of his or her spouse but does not include salary or reimbursement for expenses received from a state, local or federal government agency. n6 Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure cate- gories of the filer. AUTHORITY: Note: Authority cited: Section 83112, Government Code. Reference: Sections 87103(e), 87300-87302, 89501, 89502 and 89503, Government Code. HISTORY: 1. New section filed 4-2-80 as an emergency; effective upon filing (Register 80, No. 14). Certificate of Compliance in- cluded. 2. Editorial correction (Register 80, No. 29). 3. Amendment of subsection (b) filed 1-9-81; effective thirtieth day thereafter (Register 81, No. 2). 4. Amendment of subsection (b)(7)(B)l. filed 1-26-83; effective thirtieth day thereafter (Register 83, No. 5). 5. Amendment of subsection (b)(7)(A) filed 11-10-83; effective thirtieth day thereafter (Register 83, No. 46). 6. Amendment filed 4-13-87; operative 5-13-87 (Register 87, No. 16). 7. Amendment of subsection (b) filed 10-21-88; operative 11-20-88 (Register 88, No. 46). 8. Amendment of subsections (b)(8)(A) and (b)(8)(B) and numerous editorial changes filed 8-28-90; operative 9-27-90 (Reg. 90, No. 42). 9. Amendment of subsections (bX3), (b)(8) and renumbering of following subsections and amendment of Note filed 8- 7-92; operative 9-7-92 (Register 92, No. 32). Page 8 2 CCR 18730 10. Amendment of subsection (b)(5.5) and new subsections (b)(5.5)(A)-(A)(2) filed 2-4-93; operative 2-4-93 (Register 93, No. 6). 11. Change without regulatory effect adopting Conflict of Interest Code for California Mental I lealth Planning Council filed 11-22-93 pursuant to title I, section 100, California Code of Regulations (Register 93, No. 48). Approved by Fair Political Practices Commission 9-21-93. 12. Change without regulatory effect redesignating Conflict of Interest Code for California Mental Health Planning Council as chapter 62, section 55100 filed 1-4-94 pursuant to title 1, section 100, California Code of Regulations (Reg- ister 94, No. 1). 13. Editorial correction adding History 11 and 12 and deleting duplicate section number (Register 94, No. 17). 14. Amendment of subsection (b)(8), designation of subsection (b)(8)(A), new subsection (b)(8)(B), and amendment of subsections (b)(8.1)-(b)(8.I)(B), (b)(9)(E) and Note filed 3-14-95; operative 3-14-95 pursuant to Government Codesec- tion 11343.4(d) (Register 95, No. I I). 15. Editorial correction inserting inadvertently omitted language in footnote 4 (Register 96, No. 13). 16. Amendment of subsections (b)(8)(A)-(B) and (b)(8.1)(A), repealer of subsection (b)(8.1)(B), and amendment of subsection (b)(12) filed 10-23-96; operative 10-23-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 43). 17. Amendment of subsections (b)(8.I) and (9)(E) filed 4-9-97; operative 4-9-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 15). 18. Amendment of subsections (bx7)(B)5., new subsections (b)(8.2)-(b)(8.4)(C) and amendment of Note filed 8-24-98; operative 8-24-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 35). 19. Editorial correction of subsection (a) (Register 98, No. 47). 20. Amendment of subsections (b)(8. I ), (b)(8.1 XA) and (b)(9)(E) filed 5-11-99; operative 5-1 1-99 pursuant to Govern- ment Code section 11343.4(d) (Register 99, No. 20). 21. Amendment of subsections (b)(8.I )-(b)(8.1)(A) and (b)(9)(E) filed 12-6-2000; operative 1-1-2001 pursuant to the 1974 version of Government Code section 11380.2 and Title 2, California Code of Regulations, section 18312(d) and; (e) (Register 2000, No. 49). 22. Amendment of subsections (b)(3) and (b)(10) filed 1-10-2001; operative 2-1-2001. Submitted to OAL for filing pur- suant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Admin- istrative Procedure Act rulemaking requirerents) (Register 2001, No. 2). 23. Amendment of subsections (b)(7)(A)4., (b)(7)(B)I.-2., (b)(8.2)(E)3., (bX9XA)-(C) and footnote 4. filed 2-13-2001. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regula- tions only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 7). 24. Amendment of subsections (b)(8.1)-(bx8.1)(A) filed 1-16-2003; operative I-1-2003. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Admin- istrative Procedure Act rulemaking requirements) (Register 2003, No. 3). 25. Editorial correction of 24 (Register 2003, No. 12). Page 9 2 CCR 18730 26. Editorial correction removing extraneous phrase in subsection (b)(9.5)(B) (Register 2004, No. 33). 27. Amendment of subsections (b)(2)-(3), (b)(3)(C), (bX6)(C), (b)(8.1)-(b)(8.I)(A), (b)(9)(E) and (b)(I 1)-(12) filed 1-4- 2005; operative 1-1-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 1). 28. Amendment of subsection (b)(7)(A)4. filed 10-11-2005; operative 11-10-2005 (Register 2005, No. 41). 29. Amendment of subsections (a), (b)(1), (b)(3), (bX8.1), (b)(8.1)(A) and (b)(9)(E) filed 12-18-2006; operative I-1- 2007. Submitted to OAI, pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regula- tions only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2006, No. 51). APPENDIX CONFLICT OF INTEREST CODE FOR THE CITY OF NATIONAL CITY AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY 1. PURPOSE. This Code is adopted pursuant to the provisions of Government Code Section 87300, et seq., to provide for the disclosure or prevention of all foreseeable potential conflicts of interest; to provide effected persons with clear and specific statements of their duties under the Code; and to differentiate between designated persons with different powers and responsibilities. The requirements hereof are in addition to the other requirements of the Political Reform Act and other State and local laws pertaining to conflicts of interest, including the general prohibition against conflicts of interest found in Government Code Section 87100. II. GENERAL PROVISIONS. A. When a person is required to disclose investments and sources of income, that person must disclose investments in business entities and sources of income that do business in the jurisdiction, or have done business in the jurisdiction within the past 12 months (Initial Statement and Assuming Office Statement) or calendar year (Annual Statement). In addition to other activities, a business entity is doing business within the jurisdiction if it owns real property within the jurisdiction. B. When a person is required to disclose interests in real property, that person must disclose real property that is located in whole or in part within the boundaries of the City of National City. C. When a person is required to disclose business positions, that person must disclose positions of director, officer, partner, trustee, employee, or any position of management in organizations or enterprises operated for profit. Ill. DISCLOSURE. The persons listed below have been designated as those persons who make and participate in the making of decisions which may foreseeably have a material effect on financial interests within their required disclosure categories as defined in 2 Cal. Code of Regulations Section 18730 and its subsequent amendments. The persons listed below are required to file the initial, annual, and leaving office statements of financial interest required by this Code for the types of interests in the categories set forth in the column "Disclosure Categories" opposite the column "Designated Positions." DESIGNATED POSITION DISCLOSURE CATEGORIES 1. Mayor, Councilmembers */ 2. Chairman and Members of the Community Development */ Commission - 3. City Manager */ 4. City Attorney/ Community Development Commission Attorney */ 5. City Treasurer */ 6. Director of Finance */ 7. Financial Services Officer */ 8. Planning Commission */ 9. Advisory and Appeals Board 1, 2, 3, 4, 5, 6, 7 10. Assistant Chief of Police 1, 2, 3, 4, 5, 6, 7 11. Assistant City Attorney/Senior Assistant City Attorney 1, 2, 3, 4, 5, 6, 7 12. Assistant City Manager 1, 2, 3, 4, 5, 6, 7 13. Assistant Civil Engineer 1, 2, 3, 4, 5, 6, 7 14. Assistant Director of Public Works/Engineering 1, 2, 3, 4, 5, 6, 7 15. Battalion Chief 1, 2, 3, 4, 5, 6, 7 16. Building Inspector 1, 2, 3, 4, 5, 6, 7 17. Building Official 1, 2, 3, 4, 5, 6, 7 18. City Clerk (includes Records Management Officer) 1, 2, 3, 4, 5, 6, 7 19. City Engineer 1, 2, 3, 4, 5, 6, 7 20. City Librarian 1, 2, 3, 4, 5, 6, 7 21. Civil Service Commission 1, 2, 3, 4, 5, 6, 7 22. Code Conformance Officer III 1, 2, 3, 4, 5, 6, 7 23. Community and Police Relations Commission 1, 2, 3, 4, 5, 6, 7 24. Community Development Program Manager 1, 2, 3, 4, 5, 6, 7 25. Community Development Specialist III 1, 2, 3, 4, 5, 6, 7 26. Community Services Director 1, 2, 3, 4, 5, 6, 7 27. Deputy City Attorney 1, 2, 3, 4, 5, 6, 7 28. Deputy Director of Finance 1, 2, 3, 4, 5, 6, 7 29. Deputy Director of Human Resources 1, 2, 3, 4, 5, 6, 7 30. Director of Community Development 1, 2, 3, 4, 5, 6, 7 31. Director of Human Resources 1, 2, 3, 4, 5, 6, 7 32. Director of Planning and Building 1, 2, 3, 4, 5, 6, 7 33. Director of Public Works 1, 2, 3, 4, 5, 6, 7 34. Executive Director, Community Development Commission 1, 2, 3, 4, 5, 6, 7 35. Facilities Maintenance Supervisor 1, 2, 3, 4, 5, 6, 7 */These positions file disclosure statements as required by Government Code Sections 87200-87210. They are listed here for disqualification purposes only. See Government Code Section 87200 for disclosure requirements. Designated Positions Page 2 36. Fire Chief 37. Housing and Community Development Committee 38. Housing Program Manager, Redevelopment 39. Library Board of Trustees 40. Management Analyst III 41. MIS Manager 42. Neighborhood Council Coordinator 43. Neighborhood Services Manager 44. Nutrition Manager 45. Park Superintendent 46. Park Supervisor 47. Police Captain 48. Police Chief 49. Police Lieutenant 50. Police Support Services Manager 51. Principal Civil Engineer 52. Principal Librarian 53. Principal Planner 54. Public Arts Committee 55. Purchasing Agent 56. Recreation Superintendent 57. Redevelopment Manager 58. Risk Manager 59. Senior Accountant 60. Senior Building Inspector 61. Street and Wastewater Superintendent 62. Street Maintenance Supervisor 63. Traffic Engineer 64. Wastewater Supervisor 65. Consultants: If designated in their contracts, for the categories specified in their contracts by the City Council, the CDC Board, City Manager, Executive Director or Purchasing Agent. 1,2,3,4,5,6,7 1, 2, 3, 4, 5, 6, 7 1,2,3,4,5,6,7 1,2,3,4,5,6,7 1,2,3,4,5,6,7 1,2,3,4,5,6,7 1,2,3,4,5,6,7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1,2,3,4,5,6,7 1,2,3,4,5,6,7 1, 2, 3, 4, 5, 6, 7 1,2,3,4,5,6,7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1,2,3,4,5,6,7 1,2,3,4,5,6,7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1,2,3,4,5,6,7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1,2,3,4,5,6,7 1, 2, 3, 4, 5, 6, 7 RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING AN AMENDED CONFLICT OF INTEREST CODE WHICH INCORPORATES BY REFERENCE THE FAIR POLITICAL PRACTICES COMMISSION'S STANDARD MODEL CONFLICT OF INTEREST CODE, AND RESCINDING RESOLUTION NO. 2006-198 WHEREAS, the Political Reform Act, Government Code Sections 81000, et seq., requires every state or local government agency to adopt and promulgate a Conflict of Interest Code; and WHEREAS, the Fair Political Practices Commission has adopted a regulation, 2 California Code of Regulations Section 18730, which contains the terms of a standard model Conflict of Interest Code, which can be incorporated by reference, and which will be amended to conform to amendments in the Political Reform Act of 1974 after public notice and hearings conducted by the Fair Political Practices Commission pursuant to the Administrative Procedure Act, Government Code Sections 11370, et seq.; and WHEREAS, the City of National City has determined that the attached Appendix accurately sets forth those positions which should be designated and the categories of financial interests which should be made reportable. NOW, THEREFORE, BE IT RESOLVED that except for Section 9.5 thereof pertaining to state officers and employees, the terms of 2 Cal. Code of Regulations Section 18730, attached hereto as Exhibit "A," and any amendments to it duly adopted by the Fair Political Practices Commission, along with the attached Appendix in which officials and employees are designated and disclosure categories are set forth, are hereby incorporated by reference and constitute the Conflict of Interest Code of the City of National City. BE IT FURTHER RESOLVED that Resolution No. 2006-198 is hereby rescinded. PASSED and ADOPTED this 2nd day of September, 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 September 02, 2008 AGENDA ITEM NO. 12 ITEM TITLE Resolution of the City Council of the City of National City authorizing the Mayor to execute an amendment to the FY08 agreement with GTC Systems Inc. in the amount of $7590.00. PREPARED BY DEPARTMENT Ron Williams MIS -4,- (Ext. 4373) EXPLANATION In FY08, the City of National City was operating under an agreement with GTC Systems Inc. in the amount of $15,000 (77 network engineering hours) for network engineering services. Additional network engineering hours(40.5), were required to replace, configure, and test critical core network components at a cost of $7590.00 Amending the agreement would facilitate payment of FY08 invoices in the amount of $7590.00 Environmental Review I NIA Financial Statement Approved By: C41-ZL::„______ finance Director Account No. 630-415-000-299-000E STAFF RECOMMENDATION Adopt the Resolution BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. Attachment 1: Amendment A-200 (9/99) RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO AGREEMENT IN THE AMOUNT OF $7,590 WITH GTC SYSTEMS, INC., TO PROVIDE NETWORK ENGINEERING SERVICES IN SUPPORT OF THE NETWORK INFRASTRUCTURE UPGRADE WHEREAS, on October 1, 2007, the City entered into an agreement with GTC Systems, Inc., for network engineering services in support of the network infrastructure upgrade; and WHEREAS, 40.5 additional hours of network engineering were required to replace, configure, and test critical core network components at a cost of $7,590; and WHEREAS, an amendment to the original agreement is required to increase the agreement amount by $7,590, bringing the total amount of the Agreement to $22,590. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an amendment to agreement with GTC Systems, Inc., for additional Network Engineering Services in support of the City's infrastructure upgrade. Said Amendment to Agreement in on file in the office of the City Clerk. PASSED and ADOPTED this 2nd day of September, 2008. ATTEST: Ron Morrison, Mayor Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney AMENDMENT TO AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND GTC SYSTEMS INC. This Amendment to Agreement is entered into this 30th day of July, 2008, by and between the City of National City, a municipal corporation ("the CITY"), and GTC SYSTEMS INC. (the "CONTRACTOR"). RECITALS The CITY and the CONTRACTOR entered into an agreement on October 1, 2007, ("the Agreement") wherein the CONTRACTOR agreed to provide network engineering services. B. The parties desire to amend the Agreement to provide additional network engineering services in the amount of $7,590.00. NOW, THEREFORE, the parties hereto agree that the Agreement entered into on October 1, 2007, shall be amended by increasing the compensation amount by $7,590 . The parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated October 1, 2007 shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney GTC SYSTEMS INC. (Corporation - signatures of two corp. officers) (Partnership - one signature) (Sole proprietorship - one signature) By: (Keith Michael Esshaki) (CEO) By: City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE September 02, 2008 AGENDA ITEM NO. 13 ITEM TITLE Resolution of the City Council of the City of National City authorizing the Mayor to execute an agreement in the amount of $39,000 with GTC Systems Inc. to provide network engineering services in support of the network infrastructure upgrade. PREPARED BY DEPARTMENT Ron Williams MIS �f (Ext. 4373) EXPLANATION The City of National City currently has an agreement with GTC Systems; however, the compensation amount and legal language regarding insurance requirements are inadequate. Executing a new agreement would rectify those issues. M.I.S. has obtained the following price quotes for network engineering services: GTC Systems Inc. $39,000($195/hr) AT&T $40,000($200/hr) CISCO Systems Inc. $60,000($300/hr) It is requested that Council waive the formal bidding requirements as allowed in Section 12 of Purchasing Ordinance #1480, and in Chapter 2.60.220(d) of the Municipal Code, and award the contract to GTC Systems Inc., for the following reasons: 1. GTC Systems Inc. assisted MIS with the design of the current network infrastructure. 2. GTC Systems Inc. offers widest range of services(security, network design, install) for lowest cost. 3. The price has been determined to be competitive within the industry. 4. No further purpose would be served by issuing a formal bid at this point in the process. Environmental Review Ni N/A Financial Statement Approved By: nance Director Account No. 630-415-000-299-0001 STAFF RECOMMENDATION Adopt the Resolution BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. Attachment 1: Contract A-200 (9199) RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT IN THE AMOUNT OF $39,000 WITH GTC SYSTEMS, INC., TO PROVIDE NETWORK ENGINEERING SERVICES IN SUPPORT OF THE NETWORK INFRASTRUCTURE UPGRADE WHEREAS, the City desires to employ a consultant to provide Network Engineering Services in support of the City's infrastructure upgrade; and WHEREAS, the City has determined that GTC Systems, Inc., is qualified by experience and ability to perform the services desired by the City, and GTC Systems, Inc., 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 GTC Systems, Inc., to provide Network Engineering Services in support of the City's infrastructure upgrade. Said Agreement in on file in the office of the City Clerk. PASSED and ADOPTED this 2nd day of September, 2008. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND GTC SYSTEMS INC. THIS AGREEMENT is entered into this 2nd day of September, 2008, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and GTC Systems Inc., a California Corporation (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide network engineering services, as needed, for the City's network infrastructure and related computer equipment. WHEREAS, the CITY has determined that the CONTRACTOR is a Network Engineer and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform network engineering services as set forth in Exhibit "A". The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONTRACTOR shall appear at meetings requested by the IT Manager. The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 15 % from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. The IT Manager hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Dare! !son thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit " A "shall not exceed the schedule given in Exhibit " A " (the Base amount) without prior written authorization from the IT Manager. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit " A "as determined by the CITY. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. ACCEPTABILITY OF WORK. The City shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due. In the event the CONTRACTOR/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 in this Agreement, the City or the CONTRACTOR shall give to the other written notice. Within ten (10) business days, the CONTRACTOR and the City shall each prepare a report which supports their position and file the same with the other party. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONTRACTOR. 6. LENGTH OF AGREEMENT. The term of this Agreement shall be from July 1, 2008 to June 30, 2009. Provided that the CONTRACTOR is not in breach of any of the provisions of this Agreement, the term of the Agreement shall automatically be renewed each anniversary date for an additional one (1) year term, unless terminated pursuant to Section 19. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CITY and CONTRACTOR thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's written work product for the CITY's purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. 2 City's Standard Agreement — June 2008 revision Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR'S employees are employee of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or subCONTRACTORs, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its subCONTRACTOR(s) shall require the subCONTRACTOR to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CITY wholly independent CONTRACTORs and that the CONTRACTOR's obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR, and each of its subCONTRACTORs, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 12. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily 3 City's Standard Agreement - June 2008 revision exercised by members of the CONTRACTOR'S trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONTRACTOR warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONTRACTOR's professional performance or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the 4 City's Standard Agreement — June 2008 revision CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR's negligent performance of this Agreement. 16. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 17. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its 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"). C. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000;000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONTRACTOR'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and workers' compensation policies, shall name the CITY and its officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years 5 City's Standard Agreement — June 2008 revision after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not Tess than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. K. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover. of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. 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 CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. 6 City's Standard Agreement — June 2008 revision B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Ron Williams IT Manager City of National City 1243 National City Boulevard National City, CA 91950-4301 7 City's Standard Agreernent - June 2008 revision To CONTRACTOR: GTC Systems, Inc. Attn: Cathy Wang 4631 Viewridge Avenue San Diego, CA 92123-1689 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 CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 23. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. 8 City's Standard Agreement — June 2008 revision 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. {. 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. CITY OF NATIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney GTC SYSTEMS INC. (Corporation — signatures of two corporate officers) By: k (Name) K-e i + h M i ch a-e I �ssh� Kt' (Print) (Title) By: (Name) E.yecL- a O-4;Uri'_ c y taP (Print Irv/l-e r- (Title) 9 City's Standard Agreement - June 2008 revision C Systems Inc. Your Information Technology Partner Professional Services Agreement Consulting Services 1. Support Levels GTC provides a full range of Consulting Services. All Consulting Services are provided by our in house Senior Engineer, Engineers and Technicians. Note: Certifications listed are for reference only. GTC Personnel may have some or all certifications listed in each Level of Support Designation. Fixed fee projects: may be more particularly described in mutually agreed upon scope(s) of work and purchase order(s) which descriptions are incorporated by this reference and subject to this Agreement. Level of Support Designation Sr. Network Systems Engineer, , (CCIA, CCEA, VCP, MCSE, ASE, CCSE, CCNA) Certified SAN Engineer, Sr. Network Engineer/Consultant (Project Management) Sr. Network Engineer — WAN, Servers (CCNAIP, CCA, MCSE) Web Development, Programming Web development, consulting creative services Asset Management Services Sr. Network Technician (CCA, MCSE or MCP, CNE5) Sr. Support Technician, (CCA, CNA, MCP, A+, N+) Description of Services High -end architecture, design, implementation, and assessments of Application Delivery. Server Virtualization, Desktop Delivery, Network, Storage, Security, Directory Services, Messaging, and Communications Infrastructures. • Design and Implementation of, Application Delivery. Server Virtualization, Desktop Delivery, Network, Storage, Security, Directory Services, Messaging, and Communications Infrastructures. Database integration, ASP, scripting, coding, e-commerce development. HTML page creation, .Net, Java, revisions, graphic design Project Management, Integration, Training, Technical Support for services related to the Hardcat asset management products Networked or stand-alone desktop support and network troubleshooting. Project Implementations. Troubleshooting and support in a networked environment (i.e. desktops, printers, thin clients, etc.) 2. Term and Termination This Agreement will commence on July ist 2008 and be effective for the term of one (1) year or two hundred (200) hours of Professional Services, with a Not -To -Exceed of $39,000.00. Provided that the contractor is not in breach of any of the provisions of this Agreement, the term of the Agreement shall automatically be renewed each anniversary date for an additional one (1) year term, unless terminated. All unused prepaid balances will be forfeited on the expiration date. Page 1 of 2 Confidential and Proprietary Information Version 7.2 - May 2008 Initials EXHIBIT "A" SystEms Inc. Your Information Technology Partner Professional Services Agreement 3. Billing Details • Telephone support: 30-minute minimum (billable in'/< hour increments thereafter.) • Support at client site: 4 hour minimum • If Consulting Services are performed at a client site more than thirty (30) miles from a GTC facility then Client agrees to pay GTC for travel time to and from such client site at the applicable hourly rate. • Ali travel billed at 58.5¢ per mile from the closest GTC office. • Consulting Services scheduled from 8:OOAM to 5:OOPM. Monday through Friday, are billed at regular hourly rate. • Consulting Services scheduled after 5:OOPM, Monday through Friday will be billed at time and a half. • Consulting Services scheduled on Saturday, Sunday or Holidays will be billed at double time. • GTC may change its hourly rates at any time 4. Non -Solicitation The Client acknowledges that GTC incurs substantial recruitment, screening, training, administrative, marketing and other expenses in connection with employing Engineers and Technicians to provide Consulting Services to our Clients. During the term of this Agreement and for a period of 180 days thereafter, Client agrees not to directly or indirectly solicit or induce any employee, or any employee who has terminated employment during the term of this Agreement or 180 days thereafter, of GTC to terminate or breach an employment, contractual or other relationship with GTC. If a Client or affiliate employs this person on their payroll, or in a consulting position, or utilizes this person's services through a temporary or outsourcing service, the client agrees to pay GTC $50,000.00 in liquidated damages. Signatures City of National City GTC Systems Inc. ` Name: Name: ; e , S, t Signature: Signature: Title: Title: ( 12 /i/` Date: Date: I z- CAS'/ 0 Page 2 of 2 Confidential and Proprietary Information Version 7.2 - May 2008 initials _ EXHIBIT "A" City of National City, California COUNCIL AGENDA STATEMENT --`4EETING DATE September 2, 2008 AGENDA ITEM NO. 14 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE BUDGET FOR THE 2008-2009 FISCAL YEAR PREPARED BY Jeanette Ladrid Finance Direct EXPLANATION DEPARTMENT Finance x 4331 On June 17, 2008, the City Council for the City of National City approved the City's Preliminary Budget for Fiscal Year 2008-2009 as presented and recommended by the City Manager. The City Manager was also directed by the City Council to prepare a final budget for adoption which incorporates all budget modifications approved by the Finance Committee. State Law requires the Budget be adopted before the start of the new fiscal year on July 1. Furthermore, copies of the annual final budget will be distributed to the City Council on September 2, 2008 and will available electronically on the City of National City's website. This action formally adopts the Final Budget for Fiscal Year 2008-2009. Environmental Review N/A Financial Statement Not Applicable Approved By: Jeanette Ladrido, Finance Director Account No. STAFF RECOMMENDATION Adopt the Final Budget for Fiscal Year 2008-2009 BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. 1. Resolution 2. Exhibit A —Budget Analysis by Fund 3. Adopted FY 2008-2009 Budget A-200 (9/80) RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING A BUDGET FOR THE 2008-2009 FISCAL YEAR WHEREAS, on September 2, 2008, the City Manager submitted to the City Council a Recommended Budget for the 2008-2009 fiscal year, and said budget has been discussed and deliberated in public session. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the budget for the fiscal year beginning July 1, 2008, with City expenditures totaling $99,547,177, is hereby approved, adopted, and appropriated. BE IT FURTHER RESOLVED that the fund appropriations set forth in the Projected Expenditures column of Exhibit "A" shall be the maximum expenditures authorized for those funds. The City Manager is hereby authorized to make budgetary revisions within and between budget line items within a fund. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to transfer monies up to the maximum set forth in the Transfers column in Exhibit "A". BE IT FURTHER RESOLVED that the City Council hereby authorizes and approves the number and classification of employees in the respective functions, departments, and/or activities as set forth in the fiscal year 2008-2009 budget. PASSED and ADOPTED this 2nd day of September, 2008. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Ron Morrison, Mayor CITY OF NATIONAI-CITY BUDGET ANALYSIS BY FUND - ALL FUNDS, PRELIMINARY BUDGET FISCAL- YEAR 2008-09 EXHIBIT A Fund Number Fund Title Fund Balance Projected Inter -Fund Projected Fund Balance 07/01/2008 Revenue Transfers Expenditure 06/30/2009 001 General Fund Undesignated Balance 7,343,915 6,428,515 General Fund - Contingency Reserve 7,300,000 9,000,000 General Fund - Other Reserves 3,123,733 2,456.870 Total General Fund 17,767,648 39,212,371 (1,064,330) 38,030,304 17,885,385 103 General Capital Outlay Fund 17,682 17,682 104 Library Fluid 692,886 1,062,429 1,755,315 105 Parks Maintenance Fund - 807,343 367,131 1,174,474 108 Library Capital Outlay 231,900 118,200 299,400 50,700 109 Gas Taxes Fund (516,748) 1,201,400 (700,000) 136,119 (151,467) 110 Emergency Preparedness Fund 43,808 43,808 111 P.O.S.T Fund 14,694 75,000 75,000 14,694 113 Cultural Arts Fund 85,812 - 85,812 115 Park & Rec Capital Outlay Fund 670,890 248,000 1,232 917,658 120 Plan Checking_Revolving Fund 1,293 271,800 225,000 48,093 125 Sewer Service Fund . - 574,398 7,141,800 7,008,805 707,393 130 EMT-D Revolving Fund 619,552 313,200 159,718 773,034 131 Asset Forfeiture Fund 453,713 130,400 584,113 • 136 Tiny TOT Classes Fund - 4,300 - 4,300 145 Juvenile Education 6,258 6,258 SO) 154 State Public Library Fund 33,949 17,583 16,366 158 Swimming Pool Revolving Fund 2,790 30,800 9,003 24,587 159 General Plan Update Reserve 282,539 250,000 - 532,539 166 Nutrition Center (1,527,652) 517,527 286,907 805,492 (1,528,710) 171 LibrarySchool District Contract 59,091 32,116 26,975 172 Trash Rate Stabilization Fund 160,943 95,680 224,684 31,939 173 National School District Contract 37,876 37,876 - 174 Sweetwater School District Contract - 185,074 185,074 - 176 Police Reimbursed Overtime 51,381 35,000 35,000 51,381 190 30th Street Cleanup Fund - 1303 • 289,117 8,500 - 297,617 191 STOP Project - 49,800 45,171 4,629 198 Property Evidence Seizure 74,952 - 74,952 - 200 30th Street Cleanup - 1304 • • 692,519 20,400 - 712,919 201 NCIPFA Debt Service Fund 1,550 490,656 490,657 1,549 208 Supp. Law Enforcement Svcs Fund 273,935 - 273,935 211 Security & Alarm Regulation Fund 86,114 37,721 53,595 70,240 212 Personnel Compensation Fund 356,900 356,900 ' 230 Abandoned Vehicle Abatement Grant - 114,121 114,122 (1) 241 National City Library State Grant (1,144,952) - (1,144,952)- 242 N. City Library Matching Fund 80,023 3,200 83,223 246 Wings Grant - 104,551 104,551 - 250 New Fire Station Construction 124,321 124,321 253 Recreational Activities Fund 5,953 8,100 8,100 5,953 254 Lead -Based Paint Ilazard Reduction Grant 72,926 - 72,926 259 Library Bonds Debt Service Fund 582,768 488,900 398,650 673,018 261 CDC Debt Service Fund 5,195,101 12,182,310 (9,365,807) 5,363,731 2,647,873 290 Police Department Grants _ 91,244 - 78,568 12,676 301 Grant - C.D.B.G (1,598,236) 1,092,595 (248,001) 840,570 (1,594,212) 307 Proposition "A" Fund 1,562,593 4,765,200 4,674,000 1,653,793 308 Grant -Highway Bridge Rehab 484,153 - 484,153 312 STP LocaVTransnet Highway (261,774) 33,100 - (228,674) 313 Grant-CMAQ 47,845 - 47,845 314 OTS Grant_ 132,000 132,000 320 Library Grants 1,432,838 50,000 236,078 1,246,760 . 323 Safe Routes to Schools - 900,000 900,000 - 325 Development Impact Fees 432,910 75,000 - 507,910 326 Transportation Impact Fee Fund - 390,000 390,000 - 343 State -Local Partnership 17,724 3,300 - 21,024 345 Traffic Congestion Relief 190,561 586,265 586,265 190,561 346 Prop I B 982,993 982,993 350 SAFETEA-LU Grant - 2,390,000 2,390,000 - 502 Section 8 71,429 8,394,677 8,466,017 89 . 504 Home Improvement Loan 2,388,292 5,000 - 2,393,292 505 Home 2,295,025 574,446 (49,900) 524,546 2,295 025 511 Tax Increment Fund 3,2_96 65,607 10,237,789 10,237,788 3,265,608. 522 Low & Moderate Income Housing 8,064,13,245,578 (776,218) 1,238,148 9,293,408 626 Facilities Maintenance Fund 530,347 2,099,040 2,750,587 (121,200). 627 Liability insurance Fund 3,548,521 2,531,453 2,947,84S 3,132,129 628 General Services Fund 198,815 432,972 404,065 227,722 ' 629 Information Systems Maintenance 672,307 761,612 845,425 588,494 • 630 Office Equipment Depreciation 1,052,563 425,616 1 066,500 411,679 631 Telecommunications Revolving 771,445 397,812 549,739 619,518 632 General Accounting Services 469,990 865,896 915,411 420,475 633 Unemployment Insurance Reserve 191,078 38,820 38,318 191,580 643 Motor Vehicle Svc Fund 1,947,489 1,992,328 1,379,894 2,559,923 644 Equipment Replacement Reserve 42,000 - - 42,000 721 Library Trust Fund 6,314 1,300 - 7,614 54,266,539 97,167,826 98,820,646 52,613,719 City of National City, California COUNCIL AGENDA STATEMENT — MEETING DATE September 2, 2008 AGENDA ITEM NO. 15 ITEM TITLE NATIONAL CITY FIRE DEPARTMENT QUARTERLY REPORT MARCH-JULY 2008 PREPARED BY Roderick Juniel DEPARTMENT Fire (Ext. 4551) EXPLANATION See attached National City Fire Department Quarterly Report fo months of March -July 2008. Environmental Review \I N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION See attached National City Fire Department Quarterly Report for the months of March -July 2008. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. National City Fire Department Quarterly Report March -July 2008 A-200 (9/99) NATIONAL CITY FIRE DEPARTMENT REPORT TO CITY COUNCIL MARCH - JULY, 2008 xcoR.=paRiT Over 100 Years of Dedicated Service MISSION STATEMENT We are a fire department providing fire control, emergency medical service, rescue, fire prevention and education. We are dedicated to safeguarding the history and traditions and to effecting the goals of the Department. We are devoted to serving the community while practicing the core values of communication, commitment, courtesy, challenge and collaboration. National City Fire Department Quarterly Report March 2008-July 2008 Notable Emergency Responses: • On March 8, 2008 Engine 31 responded to a vehicle accident on I-54. On arrival the crews encountered a serious rollover accident with two fatal injuries. The apparent cause of the accident was the result of a confrontation where shots were fired from another vehicle. A total of 4 people were injured. • On June 8, 2008 Engine 34 responded to a shooting victim who was found on the sidewalk in the 2400 block of "N" Avenue. The victim apparently was shot at another location and driven to the spot where he was found. Engine 34 administered aid and the patient was transported to the hospital. • On July 17, 2008 Truck and Engine 34 responded to a vehicle accident at Southbound I-5 at Mile of Cars Way. The accident involved a transit bus that ran into the back of a motor home. Fortunately only one person was injured. The California Highway Patrol was required to shut down the freeway until the situation was stabilized. Community Events • On May 8, 2008 the National City Fire Department in conjunction with fire departments throughout the county instituted the "Safe Surrender" program. The program is designed to allow young mothers, who are struggling with the decision to abandon their newborn, a safe option. If they chose to relinquish the baby they can safely surrender their babies to any fire station in the county. Safe Surrender sites are identified by a sign prominently located outside participating fire stations. • National City Firefighters attend all Neighborhood Council Meetings where they can interact with residents, answer questions and listen to resident concerns. • On Memorial Day, May 26, 2008 National City Firefighters participated in the grand re -opening of the La Vista Cemetery in National City. National City firefighters and police officers assisted in placing a reef in honor of military personnel that have sacrificed their lives to protect our country. • National City Firefighters participated in the annual San Diego St. Patrick's Day parade in downtown San Diego. Two National City firefighters drove a fire truck in the parade. 1 Mutual Aid • On June 13, 2008 Engine 34 responded as part of a Zone 4 Strike Team to Humboldt County in Northern California. Firefighters traveled north of San Francisco where they were assigned to the "Butte Fire." Captain Brian Krepps, Engineer Thomas Butts, Firefighter Michael Christiansen, and Firefighter Paramedic Brian Viora spent 3 days assisting in the efforts to extinguish the fires. • Truck 34 responded to Coronado on a 2nd alarm structure fire. Truck 34 was assigned to the ventilation sector and cut ventilation holes in the roof of the structure so firefighters below could enter the structure and extinguish the fire. • On June 23, 2008 Engine 34 was once again deployed to Northern California to assist with firefighting efforts. Captain Sergio Mora, Engineer Derek Jones, Firefighters Matthew Lucas and Paul Kane spent 17 days as a part of Strike Team working the (Oliver Fire) in Madera and Mariposa Counties. 2 Employee Recognition • On June 19, 2008, National City Fire Department Captain Sergio Mora was recognized as the "Firefighter of the Year" for his efforts coordinating a multi agency response to an accident on the bay front. For his effort, Captain Mora received the Saint Florian award from the National City Chamber of Commerce. • On May 8, 2008 National City Firefighters Local 2744 held a retirement party for Battalion Chief (Ret.) Randy James at the American Legion Hall. B.C. James ended a distinguished 29 '/2 year career with the National City Fire Department in December 2007. • National City Battalion Chief Larry Beck was elected as the new President of the San Diego County Fire Chiefs Training Officers' Association. Training Corner • As a part of the commitment to firefighter safety three members of the Department attended a safety/wellness training seminar in Phoenix. These members were able to bring back valuable information on the latest firefighter safety initiatives and wellness programs. • San Miguel Fire Department used Station 34's new training tower for their Engineer promotional test. Candidates were driven from Spring Valley to National City where they were required to perform a number of evolutions. The National City fire training facility is recognized as one of the best training facilities in the county. • National City Firefighter/Paramedic Scott Robinson attended a Weapons of Mass Destruction seminar and training conference in Alabama. This training will assist firefighters when responding to large incidents where mass destruction has occurred. Fire Prevention • The following information is a short summary of items completed by Fire Prevention. With the assistance of Dennis Schummer, Part-time Fire Inspector, our inspections provided to the community have increased dramatically. The following is an example of inspections completed by Fire Inspector Schummer from June 2, 2008 — July 17, 2008: Final Notices 12 Complaints responded to 4 Inspections R Occupancy 170 B Occupancy 29 3 A Occupancy 2 S Occupancy 1 Re -inspections 122 Attempted inspections 38 Target recently opened their doors for customers in a "Soft Opening" on July 22, 2008. Fire Prevention conducted well over 30 inspections in its effort to assist with this opening. Finally, Fire Prevention contributed to the opening of Pier 32 with on -site technical inspections starting in 2007. Fire Prevention and Fire Operations will continue to provide to the Pier through training and fire protection of this fantastic addition to the city. National City Fire Statistics Report Fires in Structures by Number of Civilian Civilian Property FPU Incidents Injuries Deaths Damage Private Dwelling 7 2 0 15,000 Apartments 5 0 0 3,000 Hotels & Motels 0 0 0 0 Other Residential 1 0 0 25,000 TOTAL RESIDENTIAL 13 2 0 43,000_ Public Assembly 0 0 0 0 Educational 0 0 0 0 Health Care, Detentions 0 0 0 0 Corrections Stores and Offices 0 0 0 0 Industry, Utility, Defense, 0 0 0 0 Labs Storage in Structures 0 0 0 0 Outside or Special 7 0 0 0 Property TOTAL STRUCTURE 7 0 0 0 4 GRAND TOTAL By 20 2 0 43,000 PROPERTY USE Fires in Structures by Number of Civilian Civilian Property Incident Type Incidents Injuries Deaths Damage Fires in Highway 9 0 0 10,000 Vehicles Fires in Other Vehicles 5 0 0 0 Fires Outside of 3 0 0 0 Structures Fires in Brush, Grass, 7 0 0 0 Wildlands Rubbish Fires 4 0 0 5,000 All Other Fires 7 0 0 1,300 TOTAL of FIRES 35 0 0 16,300 Rescue, Emergency Med. 1,409 0 0 0 Response Calls False Alarms/False Calls 83 0 0 0 Mutual Aid 38 0 0 26,800 Hazardous Materials 11 0 0 0 Responses Other Hazardous 6 0 0 0 Responses All Other Incidents 180 0 0 0 TOTAL of INCIDENTS 1,727 0 0 26,800 Suspicious Fires 5 0 0 0 TIP Responses • March 6 • April 3 • May 2 • June 0 5 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE September 2, 2008 AGENDA ITEM NO. 16 ITEM TITLE National City Sales Tax Update —First Quarter 2008 PREPARED BY Jeanette Ladrido, Finance Director EXPLANATION DEPARTMENT Finance x4331 The City has an on -going contract with Hinderliter, de Llamas & Associates (HdL Companies) for revenue management. Staff meets with a representative of HdL on a quarterly basis to review sales tax data and trends within the City and statewide. The HdL companies also review National City property tax data and provides an annual report of the Redevelopment project areas. Attached is the National City Sales Tax Update for the first quarter of 2008. This newsletter is also available on the City's website. Environmental Review N/A Financial Statement N/A Approved By: Jeanette Ladrido, Finance Director Account No. STAFF RECOMMENDATION Accept and file the newsletter. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) National City Sales Tax Update —Quarter 2, 2008 Resolution No. A-200 (9/80) National City In Brief Receipts from January — March saes were 9 5;< ,ower than the same period fast year but aberra- tions skewed results. With anoma- lies removedactual sales declined 13.2 % Sales activity dropped in new au- tos. !umber/building materials. de- partment stores and used autos. Revenues also declined in busi- ness/industrial sectors overall in - rig heavy industry and office lies/furniture. The loss in res- taurants with no alcohol was over- stated by a onetime correction. Payment deviations exaggerat- ed the increase in service stations. boats/motorcycles and restaurants with beer//wine. A retroactive adjust- ment in the year-ago quarter dis- torted results in the Food & Drug group. Once adjusted for this one- time eventsales dipped 2 2%. The city s Measure D transac- tions tax generated an additional S2.071 321 or 11.0°(o more than the same quarter one year ago. Retro- active adjustments in the Business & Industry and Food & Drug groups exaggerated this increase. Once adjustedrevenues gained 1.0%. Proceeds from the Plaza Bonita Mali Expansion are not reflected in this quarter Adjusted for reporting aberrations. ble sales for all of San Diego my and its cities declined 3.4% over the comparable time period. CAlli VPPIA -. 5• Nitivi1 Cit Y ONAL CITY ) � Sales Tax Update S r•'i .,! 0.7mtrr <e iptr for Fist Quarter .S.,'e (fan -Afar 2008) SALES TAX BY MAJOR BUSINESS GROUP St,6u0.000 31 1(0.000 Si 200,000 SI 000.000 >=0l coo 0000.000 S 10(0 000 5200.000 50 1, 0. )00I Autos and Transportation General Consumer Goods ■ i Restaurants Fuel and and Service Hotels Stations TOP 25 PRODUCERS t� Adha:et.=al Omer Autobuyers Plus Ball Honda Acura Mitsubishi & Suzuki BP West Coast Products Circuit City Dixieline Lumber Frank Motors Harrison Buick Highland Arco JC Penney Macys McCune Motors McLean Automotive Mervyns Mossy Nissan Pepper Oil Perry Ford Ron Baker Chevrolet Isuzu Ross San Diego Dodge So Cal Truck Stop South Bay Volkswagen Suzuki Sweetwater Harley Davidson Three Wives Wal Mart Wescott Mazda Kia Building and Construction ■ tst Quarter 2007 ■ 1st Quarter 2008 Business and Industry REVENUE COMPARISON Four Quarters — Fiscal Year To Date 2006-07 2007-08 Point -of -Sale County Pool State Pool S1-1,808,977 1,618,038 19,881 $13,791,797 1,581,274 7,494 Gross Receipts $16,446,895 $15,380,565 Less Triple Flip` S(4,111,724) S(3,845,141) Gross Trans. Tax $4,044,469 $8,701,256 'Reimbursed from county compensation find Put,4ishedby The HdLLco;aRies h,Summeq `vwricfitikompatiiei cons 1886 861A Food and Drugs National City Sales Tax Update CALIFORNIA OVERALL Statewide sales tax receipts for January through March sales dropped 4.5% from the same quarter of 2007 when reporting aberrations were factored out. The decline continued to be led by new car sales which were down 18.6%. Building -related materials post- ed a decrease of 14.3% while general consumer goods dropped 5.4%. Previous predictions that this quar- ter would be at the bottom after the spending bubble burst are beginning to fade. Auto dealers report continu- ing slides and the International Council of Shopping Centers predicts 2008's store closings to be the most since 2001. The UCLA Anderson Forecast is that the economy will be sluggish for at least another 18 months. SALES TAX AND THE HOUSING BUBBLE A new Harvard University study pro- vides some insight into the impact that the housing slump has on consumer spending. The researchers concluded that the combined effects of fewer home starts and falling prices cut na- tional economic growth by almost 1.5% in 2007. In addition to the "reverse multiplier" effect that lost wages in the construc- tion industry has had on consumer spending, the decline in home prices has substantially reduced the amount of discretionary spending that oc- curred from borrowing against the ris- ing market value of homes. $800B $6008 $400B $2008 $08 n rn m IT r r a1 1-4 m rn 0 0 CT 0- 0 0 0 N - Mortgage Equity Withdrawals - Percent of Disposable Income These cash -outs, referred to as "Mort- gage Equity Withdrawals" (MEWs), fell from a high of 10% of the coun- try's personal disposable income in 2004 to approximately 2n/o in the first quarter of this year. Consumer spending tends to lag changes in income, both up and down. As MEWs fell in the latter half of 2007, consumers used their credit cards to continue spending. Credit card companies, including American Express, now report alarming rises in late payments suggesting that many consumers are about tapped out. An example of Harvard's conclusion that homeowners' disposable spending is partially related to changes in home values recently came from Home De- pot. The company attributes its cur- rent decline to the fact that 50-60% of its sales are normally from major improvement projects that customers are deferring as home values slip. Analysts, including Chapman Univer- sity's, are predicting that housing prices will continue to drop into 2009. If this is so, it adds another gloomy aspect to the timing for a recovery in sales tax growth. The full Harvard study can be re- viewed at www.jchs.harvard.edu/. SALES PER CAPITA $8,000 $6,000 $4,000 $2,000 National City County California REVENUE BY BUSINESS GROUP National City This Quarter Autos/Trans 44% Others Building 7% Fuel 8 Cons. Goods 25% Rest 9% NATIONAL CITY TOP 15 BUSINESS TYPES National City Business. Type Q1'88` Change New Motor Vehidie Dealers $1,041.8 -18.7% Service Stations 217.1 25.1 % Restaurants No Alcohol 204.5 -8.2% Lumber/Building Materials 167.9 -27.0% Discount Dept Stores 144.8 1.1 % Department Stores 125.9 -17.2% Family Apparel 118.7 -12.7% Specialty Stores 94.1 -4.3% Electronics/Appliance Stores 74.8 -6.9% Used Automotive Dealers 65.9 -16.8% Auto Lease 59.9 -3.3% Women's Apparel 58.0 1.4 % Automotive Supply Stores 54.5 -3.8% Boats/Motorcyctes 46.3 90.9% Shoe Stores 41.2 -12.1 % Total All Accounts $3,031.1 -9.7% County & State Pool Allocation 341.2 4.1% Gross Receipts $3,372.3 -9.5% County Change -11.7% 22.6% 3.8% 3.6% -0.7% -13.0% -0.1% -4.0% -1.8% 2.0% 27.4% -7.0% -0.5°/o -19.7% -6.6% HdL State Change -17.4% 18.6% 2.8% 1.9% -2.1% -14.1% 0.7% -3.0% -2.1% -13.3% 26.2% -7.3% -2.8% -22.2% -9.2% -1.7% -1.2% In thousands City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE September2, 2008 AGENDA ITEM NO. 17 (ITEM TITLE Warrant Register #5 for the period of 07/23/08 through 07/29/08 in the Amount of $1,624,742.96 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 07/23/08 through 07/29/08. The Finance Department has implemented a policy to provide explanation of all warrants Above $50,000.00 Vendor Check# Amount Public Emp Ret Sys 222054 269,075.59 Payroll Various 1,123,618.81 Explanation Emp Ret Sys PPE 07/14/08 PPE 07/14/08 CEnvironmental Review N/A MIS Approval Financial Statement Not applicable. Approved By: Finance Director Account No. STAFF RECOMMENDATION Ratification of warrants in the amount of $1,624,742.96 . Warrant Regis r #5 ATTACHMENTS ( Listed Below) Resolution No. A-200 (Rev. 7/03) PAYEE ROTH STAFFING COMPANIES YBARRA 1800-RADIATOR 2-1-1 SAN DIEGO ACEDO AIRGAS - WEST ALL FRESH ALLEN AMERICAN ROTARY BROOM CO., INC ANTHONY'S AUTO BODY ARC ERGONOMICS ASPEN PUBLISHERS INC AYDELOTTE BANK OF AMERICA BNI BUILDING MAGAZINE BOCKS AWARDS, INC. BOOT WORLD BOYD BROADWAY AUTO ELECTRIC BROADWAY AUTO GLASS '-V REED JR .FE LA MAZE CALIFORNIA BAKING CO. CALIFORNIA ELECTRIC SUPPLY CALIFORNIA POLICE CHIEFS' CARQUEST AUTO PARTS CASTILLO CEB CITY OF NATIONAL CITY CONDON COPY POST PRINTING CORPORATE EXPRESS COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO CULLIGAN WATER D-MAX ENGINEERING INC D3 EQUIPMENT DALLA DAPPER TIRE COMPANY DEFRATIS DEPARTMENT OF JUSTICE DICERCHIO DIXIELINE LUMBER CO. DREDGE DREW FORD OLAB LATINO EMPLOYMENT DEVELOPMENT DEPT EWERT, PHILLIP FEDEX WARRANT REGISTER # 5 7/29/2008 DESCRIPTION TEMPORARY AGENCY - HR PROFESSIONAL SVCS 07/1-07/14/08 RADIATOR CITY'S CONTRIBUTION TO 211 RETIREE HEALTH BENEFITS AUG 08 CONSUMABLE FOOD RETIREE HEALTH BENEFITS AUG 08 SWEEPER REPAIRS REAR BUMPER ROLLER MOUSE PRO - FIN GOVERNMENTAL PURPOSES REIMBURSEMENT FOR FRAMS - PD CREDIT CARD EXP - CM ADA BOOK ORDER MEDAL OF VALOR - GRAHAM YOUNG MOP #64096 BOOTS - BANJOMAN RETIREE HEALTH BENEFITS AUG 08 ELECTRICAL PARTS MATERIALS FOR BACK WINDOW RETIREE HEALTH BENEFITS AUG 08 PROMOTIONAL ACTIVITIES BREAD PRODUCTS MOP #45698 ELECTRICAL MATERIAL ANNUAL CPCA MEMBERSHIP MOP #47557 WATER PUMPS DEPOSIT#1090 3044 E 19 ST CA LAND USE PRACTICE 2008 UPDATE PETTY CASH FOR JUNE 2008 RETIREE HEALTH BENEFITS AUG 08 PD OFFICIAL SEAUEMBOSSER STAMP MOP #45704 OFFICE SUPPLIES S D SHARE OF PARKING CITATION ASSESSOR MAP PAGES WATER JUNE 2008 SERVICES HOSE REIMB OF ELECTION SUPPLIES TIRES RETIREE HEALTH BENEFITS AUG 08 NEW EMPLOYEE FINGERPRINT RETIREE HEALTH BENEFITS AUG 08 MOP #45707 PLUMBING MATERIALS RETIREE HEALTH BENEFITS AUG 08 MOP #49078 AUTO PART - LINK KITCHEN EQUIP ADVERTISING/JOB ANNOUNCEMENT REIMBURSABLE BENEFIT CHRGS RETIREE HEALTH BENEFITS AUG 08 FEDEX TRANSPORTATION CHRGS CHK NO DATE AMOUNT 221945 7/24/08 713.70 221946 7/24/08 2,709.68 221947 7/29/08 116.36 221948 7/29/08 12,223.00 221949 7/29/08 160.00 221950 7/29/08 21.75 221951 7/29/08 449.00 221952 7/29/08 125.00 221953 7/29/08 1,326.74 221954 7/29/08 824.20 221955 7/29/08 205.75 221956 7/29/08 264.37 221957 7/29/08 126.24 221958 7/29/08 918.89 221959 7/29/08 89.98 221960 7/29/08 396.49 221961 7/29/08 96.95 221962 7/29/08 145.00 221963 7/29/08 283.08 221964 7/29/08 139.26 221965 7/29/08 1,087.23 221966 7/29/08 125.04 221967 7/29/08 458.00 221968 7/29/08 1,644.86 221969 7/29/08 435.00 221970 7/29/08 98.40 221971 7/29/08 2,328.15 221972 7/29/08 164.64 221973 7/29/08 578.40 221974 7/29/08 280.00 221975 7/29/08 98.75 221976 7/29/08 273.79 221977 7/29/08 4,816.33 221978 7/29/08 15.68 221979 7/29/08 174.50 221980 7/29/08 14,480.90 221981 7/29/08 54.66 221982 7/29/08 42.18 221983 7/29/08 2,924.43 221984 7/29/08 120.00 221985 7/29/08 576.00 221986 7/29/08 70.00 221988 7/29/08 5,260.52 221989 7/29/08 250.00 221990 7/29/08 1,054.34 221991 7/29/08 106.19 221992 7/29/08- 224.00 221993 7/29/08 142.40 221994 7/29/08 160.00 221995 7/29/08 33.46 2/3 FERGUSON ENTERPRISES, INC FLEET SERVICES, INC GEORGE'S LAWN EQUIPMENT CO GORMSEN APPLIANCE CO GRAINGER HAMILTON MEATS & PROVISIONS HAMILTON HARRIS HOLLOWAY HONEYWELL INC. HORIZON HEALTH EAP HYDRO-SCAPE PRODUCTS INC. IDENTIX INC IKON OFFICE SOLUTIONS INTEGRATED BIOMETRIC INTEGRATED OFFICE SYSTEMS JOBS AVAILABLE INC. JOHNSON KIMBLE KOLANDA LASER SAVER INC LIEBERT CASSIDY WHITMORE LINCOLN EQUIPMENT INC. LOPEZ MATIENZO MAYLE, HOWARD MCCABE MCGUIRE DISTRIBUTION METRO FIRE EQUIPMENT MICHAL PIASECKI CONSULTING MINUTEMAN PRESS MISSION UNIFORM SERVICE MURRAY MYERS N C CHAMBER OF COMMERCE N C CHAMBER OF COMMERCE N C CHAMBER OF COMMERCE NAPA AUTO PARTS NATIONAL CITY AUTO TRIM NGUOI VIET TODAY NEWS NOSAL, WILLIAM A. OLIVER PRODUCTS COMPANY ONE SOURCE DISTRIBUTORS OUCHI'S POWER EQUIPMENT PACIFIC AUTO REPAIR PADRE JANITORIAL SUPPLIES, INC PARKER & IRWIN PARTS PLUS AUTOSTORE #711 PAUU PERRY FORD PERVO TRAFFIC CENTER PINAL PORTILLO CONCRETE, INC. POTTER MOP #45723 PLUMBING MATERIAL MOP #67804 LARGE ROTOR LAWNMOWER, SNAPPER SERVICE CALL & LABOR MOP #65179 LAMP MEAT PRODUCTS RETIREE HEALTH BENEFITS AUG 08 REFUND CITATION DISMISSED RETIREE HEALTH BENEFITS AUG 08 MECHANICAL MAINTENANCE EMPLOYEE ASST PROGRAM MOP #45720 CARSON BOX & COVER ANNUAL HELP DESK MAINTENANCE MAINTENANCE FINGERPRINT SUBMISSIONS PRINT WHEEL FOR TYPEWRITER ADVERTISING/JOB ANNOUNCEMENTS REFUND:DISMISSED CITATION RETIREE HEALTH BENEFITS AUG 08 RETIREE HEALTH BENEFITS AUG 08 MOP 45725 TONER - FIN LEGAL SERVICES TUBES - DIFFERENT SIZES TRANSLATION SERVICES RETIREE HEALTH BENEFITS AUG 08 6/13-6/26/08 SERVICES RETIREE HEALTH BENEFITS AUG 08 MILK PRODUCTS INSPECTION/RECHG DRY CHEMICAL CRYSTAL REPORTS UPDATES -MAY 08 MOP 47939 FALSE ALARM NOTICE - PD LINEN SUPPLIES RETIREE HEALTH BENEFITS AUG 08 RETIREE HEALTH BENEFITS AUG 08 CITY ENHANCEMENT MAY 2008 CITY ENHANCEMENT JUNE 2008 CITY ENHANCEMENT JULY 2008 MOP #45735 CYLINDER R&M CITY VEHICLES 2008 ELECTION - TRANSLATION RETIREE HEALTH BENEFITS AUG 08 CONSUMABLES MOP #67256 BREAKER BOXES MOP #45740 HEDGER SERPENTINE BELT CONSUMABLE SUPPLIES CLAIM:DICERCHIO VS CITY OF NC MOP 64946 AUTO REPAIR RETIREE HEALTH BENEFITS AUG 08 LABOR, DIAGNOSTIC TEST HEADLIGHT MOP #63846 STRIPE PAINT, WHITE REFUND/DUPLICATE PAYMENT 3/30/08-4/11/08 SRVCS CONCRETE IMPRV RETIREE HEALTH BENEFITS AUG 08 221996 7/29/08 2,246.8. 221997 7/29/08 136.00 221998 7/29/08 2,275.68 221999 7/29/08 129.50 222000 7/29/08 924.79 222001 7/29/08 1,333.69 222002 7/29/08 100.00 222003 7/29/08 60.00 222004 7/29/08 150.00 222005 7/29/08 28,984.75 222006 7/29/08 869.94 222007 7/29/08 1,041.93 222008 7/29/08 1,171.00 222009 7/29/08 125.00 222010 7/29/08 34.00 222011 7/29/08 107.49 222012 7/29/08 1,063.10 222013 7/29/08 305.00 222014 7/29/08 .300.00 222015 7/29/08 135.00 222016 7/29/08 135.88 222017 7/29/08 1,300.00 222018 7/29/08 80.47 222019 7/29/08 220.00 _ 222020 7/29/08 100.( 222021 7/29/08 5,450.0(U 222022 7/29/08 280.00 222023 7/29/08 294.85 222024 7/29/08 368.15 222025 7/29/08 5,175.00 222026 7/29/08 511.54 222027 7/29/08 113.34 222028 7/29/08 150.00 222029 7/29/08 140.00 222030 7/29/08 3,750.00 222031 7/29/08 3,750.00 222032 7/29/08 3,750.00 222033 7/29/08 1,519.49 222034 7/29/08 504.73 222035 7/29/08 50.00 222036 7/29/08 1,028.54 222037 7/29/08 1,376.00 222038 7/29/08 57.57 222039 7/29/08 913.48 222040 7/29/08 586.52 222041 7/29/08 330.00 222042 7/29/08 27.25 222043 7/29/08 433.48 222044 7/29/08 340.0n -- 222045 7/29/08 3,245.i 222046 7/29/08 391.50 222047 7/29/08 80.00 222048 7/29/08 22,052.05 222049 7/29/08 150.00 JVERSTRIDE BATTERY CO INC PRO -EDGE KNIFE PROCHEM SPECIALTY PRODUCTS INC PRUDENTIAL OVERALL SUPPLY PUBLIC EMP RETIREMENT SYSTEM RANDALL RAY REED'S RESTAURANT EQUIP. SVC. RODRIGUEZ RODRIGUEZ RODRIGUEZ RUIZ SAM'S ALIGNMENT SAN DIEGO UNION TRIBUNE SANCHEZ SD BMW MOTORCYCLES SDG&E SEWARD SHORT, CRAIG SMART & FINAL SOUTHLAND AUTO BODY STANDARD AUTO RECYCLING STRATACOM SWEETWATER AUTHORITY SCO SAN DIEGO _0 GODSHALK THE LIGHTHOUSE, INC. THE LINCOLN NATIONAL LIFE INS. THE STAR NEWS TOM MOYNAHAN TOPECO PRODUCTS TRAINING INNOVATIONS S U S HEALTHWORKS US STERLING CAPITAL CORP V & V MANUFACTURING VALLEY INDUSTRIAL SPECIALTIES W.S. DARLEY WEST GROUP PAYMENT CENTER ZAPATA ZIETLOW, DAVID ZONDIROS CORP. PAYROLI. Pay period Start Date 15 7/1/2008 • 1 a 12PC0RPORATED MOP #67839 SHARPENING SERVICE CLEANER & DEGREASER MOP #45742 UNIFORMS - PARKS SERVICE PERIOD 07-08-3 RETIREE HEALTH BENEFITS AUG 08 RETIREE HEALTH BENEFITS AUG 08 EQUIPMENT REPAIR REFUND/DISMISSED VIOLATION REIMB:MEETING REFRESH - PD REIMB:HANDS FREE CELL PHONE - PD RETIREE HEALTH BENEFITS AUG 08 UPPER BALL JOINT NEWSPAPER RENEWAL - PLANNING REFUND:CITATION WAS DISMISSED REPAIRS & MAINTENANCE OF PD FACILITIES DIVISION SHOOTING INVESTIGATION - PD RETIREE HEALTH BENEFITS AUG 08 MOP 45756 NHC PARADE LABOR, R&R LEFT FRONT DOOR USED ENGINE DISTURBANCE VIOLATION NOTICE FACILITIES DIVISION FOOD REFUND FOR DEFECTIVE TAPES MOP #45726 PERIMETER LIGHT LIFE & ADD&D STD LTD JULY 2008 LEGAL ADVERTISING MOP 45734 TOWING SERVICE MOP #63849 HOSE CLAMP SOFTWARE SUPPORT SUBSCRIPTION MEDICAL SERVICES TRADE SETTLING CHARGES EMPLOYEE RECOGNITION PINS MOP #46453 METER NUT GASKET PLUG & DIKE PRE -MIX TO CONTROL BILLING PERIOD 05/21/08-06/20/08 REIMB MISC EXPENSE - CM RETIREE HEALTH BENEFITS AUG 08 2/1/08-6/6/08 SERVICES End Date Check Date 7/14/2008 7/23/2008 222050 7/29/08 171.44 222051 7/29/08 44.00 222052 7/29/08 226.74 222053 7/29/08 803.96 222054 7/29/08 269,075.59 222055 7/29/08 140.00 222056 7/29/08 190.00 222057 7/29/08 186.02 222058 7/29/08 330.00 222059 7/29/08 76.80 222060 7/29/08 61.39 222061 7/29/08 310.00 222062 7/29/08 384.87 222063 7/29/08 197.82 222064 7/29/08 330.00 222065 7/29/08 265.02 222066 7/29/08 17,847.96 222067 7/29/08 640.00 222068 7/29/08 300.00 222069 7/29/08 52.82 222070 7/29/08 87.40 222071 7/29/08 2,005.00 222072 7/29/08 2,074.92 222073 7/29/08 1,677.76 222074 7/29/08 4,225.94 222075 7/29/08 16.00 222076 7/29/08 208.69 222077 7/29/08 9,755.65 222078 7/29/08 53.81 222079 7/29/08 96.00 222080 7/29/08 4.03 222081 7/29/08 575.00 222082 7/29/08 680.00 222083 7/29/08 397.08 222084 7/29/08 2,659.82 222085 7/29/08 277.01 222086 7/29/08 333.65 222087 7/29/08 1,018.48 222088 7/29/08 114.77 222089 7/29/08 150.00 222090 7/29/08 23,516.05 A/P Total 501,124.15 1,123,618.81 501,124.15 GRAND TOTAL $ 1,624,742.96 Warrant Register # 5 7/29/2008 001 GENERAL FUND 1,146,152.43 104 LIBRARY FUND 29,954.04 105 PARKS MAINTENANCE FUND 34,190.41 109 GAS TAXES FUND 3,736.27 111 P.O.S.T. FUND 640.00 125 SEWER SERVICE FUND 56,898.57 136 TINY TOT CLASSES FUND 89.17 158 SWIMMING POOL REVOLVING FUND 2,374.32 166 NUTRITION 12,490.96 172 TRASH RATE STABILIZATION FUND 2,694.85 173 NATIONAL SCHOOL DIST CONTRACT 893.39 174 SWEETWATER SCHOOL DIST CONTRAC 5,123.49 191 STOP PROJECT 2,536.66 211 SECURITY AND ALARM REGULATION FUND 1,486.13 212 PERSONNEL COMPENSATION FUND 13,225.34 230 ABANDONED VEHICLE ABATEMENT GRANT 1,530.69 246 WINGS GRANT 46,184.77 282 REIMBURSABLE GRANTS CITYWIDE 148.29 290 POLICE DEPT GRANTS 2,482.14 301 GRANT-C.D.B.G. 92.96 302 CDC PAYMENTS 1,298.50 307 PROPOSITION A" FUND 12,841.28 320 LIBRARY GRANTS 6,141.69 360 CAPITAL PROJECT - REDEVELOPMENT FUND 9,573.37 502 SECTION 8 FUND 20,435.82 511 TAX INCREMENT FUND 65,663.61 522 LOW/MODERATE HOUSING FUND 1,354.84 626 FACILITIES MAINT FUND 76,592.40 627 LIABILITY INS. FUND 3,822.67 628 GENERAL SERVICES FUND 7,235.71 629 INFORMATION SYSTEMS MAINTENANC 4,015.17 631 TELECOMMUNICATIONS REVOLVING 2,482.48 632 GENERAL ACCOUNTING SERVICES 22,845.21 633 UNEMPLOYMENT INSURANCE RESERVE 142.40 643 MOTOR VEHICLE SVC FUND 25,044.78 726 ENGINEERING/PUBLIC WORKS T & A DEPOSITS 2,328.15 Total 1.624.742.96 City of National City, California COUNCIL AGENDA STATEMENT -MEETING DATE September2, 2008 18 AGENDA ITEM NO. / ITEM TITLE Warrant Register #6 for the period of 07/30/08 through 08/05/08 in the Amount of $752,228.46 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 07/30/08 through 08/05/08. The Finance Department has implemented a policy to provide explanation of all warrants Above $50,000.00 Vendor Check# Amount Frisbie 222131 300,000.00 Republic Its 222169 191,824.15 Office Pavilion 222202 61,976.49 Explanation Liability Claim Safe Routes to School Progress Pmt #2 Office furniture Environmental Review N/A ♦ MIS Approval Financial Statement Not applicable. Approved By: Finance Director Account No. STAFF RECOMMENDATION Ratification of warrants in the amount of $752,228.46 1. Warrant Register#6 ATTACHMENTS ( Listed Below) Resolution No. A-200 (Rev. 7/03) 1 of 5 WARRANT REGISTER # 6 8/5/2008 Payee Description chk no chk date Amount BOARD OF EQUALIZATION SALES & USE TAX 2ND QTR 2008 222091 7/31/08 4,888.00 SWEETWATER AUTHORITY WATER BILLS 222092 7/31/08 29,714.20 A COPY WORLD COPIES/PROOFS 222093 8/5/08 1,537.48 AFFORDABLE SERVICE APPLIANCES CLEANED PLUGGED WATER PUMP 222094 8/5/08 170.00 ALL FRESH FOOD 222095 8/5/08 1,400.09 AMERICAN ROTARY BROOM CO., INC SWEEPER REPAIRS 222096 8/5/08 984.25 APWA APWA MEMBERSHIP - ENG 222097 8/5/08 133.00 ASCE ASCE MEMBERSHIP - ENG 222098 8/5/08 205.00 ASSI SECURITY LABOR, RECODE ALARM SYS 222099 8/5/08 500.00 BAJA PARTS & EQUIPMENT, INC. BLADES 222100 8/5/08 752.75 'LACKIE'S TROPHIES AND AWARDS MOP 67727 FLAG CASE - PD 222101 8/5/08 65.25 BNI BUILDING NEWS CA BLDG CODE/PW INSPECT 222102 8/5/08 376.43 BOGLE EDUC REIMBURSEMENT - FIRE 222103 8/5/08 496.00 BOOT WORLD MOP #64096 BOOTS (I.ENA PROPPS) 222104 8/5/08 250.00 BROADWAY AUTO ELECTRIC ELECTRICAL PARTS FOR VEHICLES 222105 8/5/08 969.75 CA SCHOOL RESOURCE OFFICERS' CSROA ANNUAL CONFERENCE - PD 222106 8/5/08 295.00 CALIFORNIA BAKING CO. BREAD PRODUCTS 222107 8/5/08 662.40 CHEVRON & T'EXACO BUSINESS CARD MOP #45699 FUEL 222108 8/5/08 410.42 CITY OF CHULA VISTA ANIMAL SIIEI.TER COSTS 222109 8/5/08 8,393.01 CITY OF SAN DIEGO FIELD INTERVIEW FORMS 222110 8/5/08 246.47 CORPORATE EXPRESS MOP 45704 OFFICE SUPPLIES - PD 2221 1 1 8/5/08 1,005.25 COTTONWOOD ELECTRIC CART SALES TIRE/RIM ASSEMBLY 2221 12 8/5/08 108.50 CT GEORGIOU PAINTING COMPANY JUNE 2008 SERVICES 222113 8/5/08 33,671.56 D-MAX ENGINEERING INC DEPOSIT#1083 PLAZA BONITA EXPN 222114 8/5/08 1,890.50 DALEY & HEFT LLP CI.AIM:FIREMAN'S INS COMPANY 222115 8/5/08 2,070.12 1 2 of 5 WARRANT REGISTER # 6 8/5/2008 Payee Description chk no chk date Amount DALEY & HEFT LLP CLAIM:SWANAGEN V. VOGEI.. 2221 16 8/5/08 449.68 DANIEI, PEARCE/ RPM WELDING MOP #45749 FABRICATE 2 PLATES 2221 17 8/5/08 581.78 DAPPER TIRE COMPANY TIRE 2221 18 8/5/08 937.45 DATA TICKET INC PC PROCESSING. APPEALS - JUNE 08 222119 8/5/08 2,918.92 DEPARTMENT OF INDUSTRIAL ANNUAL UNANNOUNCED INSP 222120 8/5/08 125.00 DIXIELINE LUMBER CO. MOP 45707 PAINT SUPPLIES - NS 222121 8/5/08 153.36 DREW FORD MOP #49078 SEAT BELT, WHEEL. NUT 222122 8/5/08 377.45 ELESCO SERVICE CALL 222123 8/5/08 346.50 EXPRESS PIPE AND SUPPLY CO INC SOCKET FUSION EQUIPMENT RENTAL 222124 8/5/08 65.00 FBI - LEEDA 21 ST CENTURY SEMINAR - PD 222125 8/5/08 550.00 FERGUSON ENTERPRISES, INC MOP #45723 COUPLINGS, PVC PIPE 222126 8/5/08 441.0( FLAGHOUSE INC. P02506320104/P02506320102 - GAMES 222127 8/5/08 232.23 FLAGFIOUSE INC. SALES TAX ON INVOICES 222128 8/5/08 17.76 FLEET SERVICES, INC MOP #67804 LG ROTOR 222129 8/5/08 230.32 FLOOD MANAGEMENT ASSOCIATION FMA CONE REGISTRATION - ENG 222130 8/5/08 290.00 FRISBIE CLAIM:FRISBIE V. CITY OF N C 222131 8/5/08 300,000.00 GRAINGER MOP #65179 BALLAST 222132 8/5/08 501.45 HAMILTON MEATS & PROVISIONS MEAT PRODUCTS 222133 8/5/08 3,082.99 HAR AN ADV POLICE SUPERVISION & GEN 222134 8/5/08 566.20 HONEYWELL INC. REPAIRS 222135 8/5/08 541.39 HYDRO-SCAPE PRODUCTS INC. MOP #45720 VALVES 222136 8/5/08 350.46 /AFC REGISTRATION FOR CHIEF JUNIEL 222137 8/5/08 395.00 IKON OFFICE SOLUTIONS/IOS COPIER EQUIPMENT LEASE 222138 8/5/08 18,945.35 JEFF KATZ ARCHITECTURE ARCHITECTURE SVCS FOR RESEARCI I 222139 8/5/08 2,174.00 JERAEJI.D'S AUTOMOTIVE INC. LABOR, REPAIR TAIL PIPE 222140 8/5/08 60.00 2 Nkir INCO&PORAITEl 3 of 5 WARRANT REGISTER # 6 8/5/2008 Payee Description chk no chk date Amount LASER SAVER INC MOP 45725 EPE TONER - PURCH 222141 8/5/08 59.76 LOPEZ TRANSLATION SVCS - 07/30/08 222142 8/5/08 100.00 MAINTEX, INC. POWDER FREE GLOVES, LARGE 222143 8/5/08 303.96 MAN K-9 INC. MAINTENANCE TRAINING - JULY 08 222144 8/5/08 1,200.00 MARIN CONSULTING ASSOCIATES ASSERTIVE SUPERVISION - PD 222145 8/5/08 235.00 MASON'S SAW & LAWNMOWER SRVC MOP45729 CHAIN SAW REPAIRS 222146 8/5/08 161.46 MCGUIRE DISTRIBUTION MILK PRODUCTS 222147 8/5/08 704.45 MISSION UNIFORM SERVICE. LINEN SUPPLIES 222148 8/5/08 60.68 MYERS'FIRE SUPPLY FUEL SURCHARGE 222149 8/5/08 694.68 NACOLE MEMBERSHIPS & SUBSCRIPTIONS 222150 8/5/08 300.00 APA AUTO PARTS MOP #45735 HOSE 222151 8/5/08 14.55 NATIONAL CITY AUTO TRIM R&M CITY VEHICLES 222152 8/5/08 661.20 NAUTILUS GSA NAUTILUS TREADMILL, 222153 8/5/08 4,258.00 ORCUI"T SELF INKING RUBBER STAMPS 222154 8/5/08 73.93 ORIENTAL TRADING, CO., INC. MEDALS, WEAVING MATS, GLASSES 222155 8/5/08 614.80 OXFORD HOTEL FIRE CHIEFS FRI CONFERENCE 222156 8/5/08 778.32 PACIFIC AUTO REPAIR SAFETY INSPECTION 222157 8/5/08 687.73 PADRE JANITORIAL SUPPLIES, INC JANITORIAL. SUPPLIES 222158 8/5/08 362.16 PARTS PLUS AUTOSTORE #71 1 MOP#64946 BRAKES, SEAL, BEARINGS 222159 8/5/08 205.37 PERRY FORD LABOR, DIAGNOSE, REPLACED AC 222160 8/5/08 2,1 19.53 PMW ASSOCIATES ADV POLICE SUPERVISION 222161 8/5/08 395.00 PMW ASSOCIATES GEN AT WORK SEMINAR 222162 8/5/08 140.00 PRO -EDGE KNIFE SHARPENING SERVICE 222163 8/5/08 44.00 PROCHEM SPECIALTY PRODUCT'S INC MECHANIC'S CHOICE HAND CLEANER 222164 8/5/08 65.25 PROGRESSIVE SOLUTIONS INC. CASHIER- SOFTWARE MAINTENANCE 222165 8/5/08 17,858.10 3 4 of 5 Payee PRUDENTIAL OVERALL SUPPLY QUAL CHEM CORP. RAY WILLIAMS REPUBLIC ITS RIVERSIDE COUNTY SHERIFF DEPT RODRIGUEZ RON BAKER CHEVROLET S & S RECREATION WORLDWIDE S & S RECREATION WORLDWIDE SAM'S ALIGNMENT SAN DIEGO GAS & ELECTRIC SAN DIEGO UNION TRIBUNE SD BMW MOTORCYCLES SDG&E SILVERADO AVIONICS SKS INC. SMART & FINAL SMART & FINAL SOUTHERN CALIF TRUCK STOP SOUTIILAND AUTO BODY STRASEN STRATACOM SUMMIT SUPPLY SWANK MOTION PICTURES, INC. SYSCO SAN DIEGO NitF IAICORiponalEro WARRANT REGISTER # 6 8/5/2008 Description MOP #45742 UNIFORMS - PARKS BERRY FRAGRANCE ENZYME EQUIPMENT REPAIR PROGRESS PAYMENT NO 2 VICE INVESTIGATIONS - PD 21 ST CENTURY SEMINAR - PD MOP #45751 REPLACE ALTERNATOR MARKERS,PENCILS,PLAYGROUND BALLS SALES TAX ON INVOICE FRONT COIL SPRINGS 1415 D AVE HM 06/17-07/17 NEWS PAPER SUBSCRIPTION - ENG REPAIRS & MAINTENANCE OF PD FACILITIES DIVISION GAS & ELECTRIC BATTERIES, CIIARGER, KYBD DVR CHVS1030B, CHV SUPREME MOP 45756 MISC - F1RE MOP 45756 HOME SUPPLIES - GRNT MOP #45758 ULTRA LOW SULFUR LABOR, REPAIR DOOR HINGE DEATH INVESTIGATION - PD MOP 63845 BUSINESS CARDS - MYR PERMA NET RED, WHITE & BLUE MOVIE NIGHT AT THE PARK FOOD chk no chk date Amount 222166 8/5/08 222167 8/5/08 222168 8/5/08 222169 8/5/08 222170 8/5/08 222171 8/5/08 222172 8/5/08 222173 8/5/08 222174 8/5/08 222175 8/5/08 222176 8/5/08 222177 8/5/08 222178 8/5/08 222179 8/5/08 222180 8/5/08 222181 8/5/08 222182 8/5/08 222183 8/5/08 222184 8/5/08 222185 8/5/08 222186 8/5/08 222187 8/5/08 222188 8/5/08 222189 8/5/08 222190 8/5/08 657.19 641.06 403.90 191,824.15 110.00 200.00 475.88 1,664.69 67.34 1,377.38 262.6 45.17 676.48 12,578.24 2,445.08 2,367.24 354.76 142.59 113.01 87.40 155.05 32.63 143.12 371.00 7,990.35 4 Payee T'S & SIGNS THE FILIPINO PRESS TRUCKIN STUFF US BANK CORPORATE PAYMT SYS VALLEY INDUSTRIAL SPECIALTIES VCA MAIN ST ANIMAL HOSPITAL WATERLINE TECHNOLOGIES WEST GROUP PAYMENT CENTER WF,STFLEX INDUSTRIAL WILLY'S ELECTRONIC SUPPLY IXIELINE LUMBER CO. OFFICF. PAVILION WARRANT REGISTER # 6 8/5/2008 Description SPORT GRAY SHIRT S/S 1 ITI! ANNUAL FILIPINO FAMILY DAY- 20" ALUMINUM STEPS, SILVER CREDIT CARD EXPENSES MOP #46453 PLUMBING MATERIAL K9 VET CARE MUNICIPAL POOL CHEMICALS BILLING PERIOD 6/21/08 - 7/20/08 MOP 63850 ASSEMBLY PW MOP 45763 COMP SUPPLIES - PD MOP #45707 GLOVES OFFICE FURNITURE FOR FINANCE 5 of 5 chk no chk date 222191 8/5/08 222192 8/5/08 222193 8/5/08 222194 8/5/08 222195 8/5/08 222196 8/5/08 222197 8/5/08 222198 8/5/08 222199 8/5/08 222200 8/5/08 222201 8/5/08 222202 8/5/08 Amount 578.55 500.00 201.41 513.94 137.97 453.48 2,783.50 556.32 610.30 35.34 1,068.07 61,976.49 Total $ 752,228.46 Grand Total 752,228.46 5 INCORPORATED Warrant Register # 6 8/5/2008 001 GENERAL FUND 75,824.78 105 PARKS MAINTENANCE FUND 992.79 109 GAS TAXES FUND 3.60 111 P.O.S.T. FUND 1,412.14 166 NUTRITION 14,991.65 125 SEWER SERVICE FUND 1,673.13 282 REIMBURSABLE GRANTS CITYWIDE 2,445.08 307 PROPOSITION A" FUND 773.64 323 SAFE ROUTES TO SCHOOL 185,794.98 511 TAX INCREMENT FUND 178.72 522 LOW/MODERATE HOUSING FUND 142.59 626 FACILITIES MAINT FUND 48,192.14 627 LIABILITY INS. FUND 302,519.80 628 GENERAL SERVICES FUND 19,576.16 629 INFORMATION SYSTEMS MAINTENANC 17,858.10 630 OFFICE EQUIPMENT DEPRECIATION 61,976.49 643 MOTOR VEHICLE SVC FUND 15,982.17 726 ENGINEERING/PUBLIC WORKS T & A DEPOSITS 1,890.50 Total 752,228.46 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE September2, 2008 19 AGENDA ITEM NO. i ITEM TITLE Warrant Register #7 for the period of 08/06/08 through 08/12/08 in the Amount of $2,651,934.52 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 08/06/08 through 08/12/08. The Finance Department has implemented a policy to provide explanation of all warrants Above $50,000.00 Vendor Check# Amount Explanation City of San Diego 222219 1,173082.00 Transportation Public Emp Ret Sys 222264 261,815.88 Emp Ret Sys PPE 07/28/08 Payroll Various 961,272.39 PPE 07/28/08 1 Environmental Review N/A MIS Approval Fina ial Statement Not applicable. Approved By: Finance Director Account No. STAFF RECOMMENDATION Ratification of warrants in the amount of $2,651,934.52 1. Warrant Register ATTACHMENTS ( Listed Below ) Resolution No. A-200 (Rev. 7/03) PAYEE VORTEX DATA SYSTEMS, INC. UNGAB 1800-RADIATOR AEARO CO/AOSAFETY AIRGAS-WEST ALL POINTS PUBLIC FUNDING, LLC ALLSTAR FIRE EQUIPMENT INC AMERICAN ROTARY BROOM CO., INC ARCO GASPRO PLUS ARMOR FORENSICS BEARD BOOT WORLD CALIFORNIA ELECTRIC SUPPLY CARQUEST AUTO PARTS CDWG CHEVRON & TEXACO BUSINESS CARD CITY OF SAN DIEGO COASTAL CONSERVANCY )MMUNITY DEVELOPMENT nRPORATE EXPRESS 3 LANGUAGE LINK DAPPER TIRE COMPANY DEPARTMENT OF INDUSTRIAL DEPARTMENT OF TRANSPORTATION DIVISION 8 INCORPORATED DIXIELINE LUMBER CO. DREW FORD ESGIL CORPORATION ESPIRITU FARALLON DESIGN INC FERGUSON ENTERPRISES, INC FLEET SERVICES, INC G & A AUTO AIR CONDITIONING GARCIA GRAINGER HD SUPPLY HYDRO-SCAPE PRODUCTS INC. JC TOWING JEFF KATZ ARCHITECTURE JOHN DEERE LANDSCAPES KOCH ARMSTRONG GENERAL LORMAN EDUCATION SERVICES MAGGIORA kINTEX, INC. ' YER HOFFMAN MCCANN P.C. _RE DIRECT MUNISERVICES LLC NAPA AUTO PARTS NATIONAL CITY AUTO TRIM cltsz 18-81 INCORPORATE WARRANT REGISTER # 7 8/12/2008 DESCRIPTION NETWORK/CERTIFICATION COURSE REPLACED PAYROLL CK#36009 RADIATOR SAFETY GLASSES - PW GLOVES, TOOLS NEW FIRE TRUCK#2 LEASE PMT#13 PHOENIX NFPA FIRE HELMET SWEEPER REPAIRS FUEL FOR CITY FLEET F085-175471/F08-167991 LAB SUPPLIES 125 PLAN REIMBURSEMENT RAMON CANEDO BALLASTS BRAKE HARDWARE, BOLTS PLANTRONICS WIRELESS OFFICE FUEL TRANSPORTATION AND TREATMENT CCS SUBSCRIPTION - PLANNING RIEMB CDC FOR NCNP EXPENDITURE HLDR ROM - FIRE TRANSLATION - 2008 ELECTION TIRES REC & PLAYGROUND EQUIPMENT HIGHWAY LIGHTING FURNISH/INSTALL GLASS FLASHLIGHT, DEADBOLTS BRACKETS CONSULTANT SERVICES JULY 2008 FBI ACADEMY EXPENSES - PD POOL AREA DESIGN MODIFICATION BATTERY TRANSMITTER DISC PADS COMPRESSOR EDUCATIONAL REIMB - FIRE DRAIN CLEANING CABLE VIEGA BRASS PEX CRIMP COPPER FEBCO BACKFLOW DEVICE TOWING CHARGES ARCHITECTURE SVCS FOR RESEARCH BUSHINGS, FITTINGS STREET RESURFACING PROJECT, SPEC 08- LORMAN PW SEMINAR - CA 125 PLAN REIMBURSEMENT JANITORIAL SUPPLIES ANNUAL AUDIT OF C N C HP OFFICEJET ALL -IN -ONE INKJET DISTRICT AUDIT - QTR END 03/31/08 SPARK PLUGS, BELT, OIL R&M CITY VEHICLES CHK NO DATE AMOUNT 222203 8/7/08 4,042.00 222204 8/12/08 1,055.50 222205 8/12/08 142.46 222206 8/12/08 127.05 222207 8/12/08 102.87 222208 8/12/08 19,613.22 222209 8/12/08 2,332.69 222210 8/12/08 213.44 222211 8/12/08 42,391.69 222212 8/12/08 1,473.87 222213 8/12/08 52.62 222214 8/12/08 221.96 222215 8/12/08 2,091.21 222216 8/12/08 67.19 222217 8/12/08 519.83 222218 8/12/08 401.49 222219 8/12/08 1,173,082.00 222220 8/12/08 18.00 222221 8/12/08 1,353.45 222222 8/12/08 886.18 222223 8/12/08 180.00 222224 8/12/08 1,698.31 222225 8/12/08 250.00 222226 8/12/08 2,596.23 222227 8/12/08 5,980.00 222228 8/12/08 1,482.40 222229 8/12/08 14.35 222230 8/12/08 10,367.50 222231 8/12/08 3,681.00 222232 8/12/08 1,978.00 222233 8/12/08 616.19 222234 8/12/08 48.74 222235 8/12/08 908.00 222236 8/12/08 259.00 222237 8/12/08 447.20 222238 8/12/08 488.42 222239 8/12/08 561.39 222240 8/12/08 50.00 222241 8/12/08 8,400.00 222242 8/12/08 112.96 222243 8/12/08 30,155.68 222244 8/12/08 314.00 222245 8/12/08 331.80 222246 8/12/08 2,040.59 222247 8/12/08 14,500.00 222248 8/12/08 104.40 222249 8/12/08 20,950.04 222250 8/12/08 276.85 222251 8/12/08 345.76 2/3 PAYEE NATIONAL CITY CAR WASH NATIONAL NOTARY ASSOCIATION NATIONAL RECREATION & PARK NATIONAL TRAINING CONCEPTS NIXON EGLI EQUIPMENT CO. OFFICE SUPPLIES PLUS ONE SOURCE DISTRIBUTORS OUCHI'S POWER EQUIPMENT PACIFIC AUTO REPAIR PERRY FORD POWERSTRIDE BATTERY CO INC PRUDENTIAL OVERALL SUPPLY PUBLIC EMP RETIREMENT SYSTEM QUALA-TEL ENTERPRISES ROJAS RON BAKER CHEVROLET SANDAG SASI SCANNING SERVICE CORPORATION SDG&E SMART & FINAL SOUTHLAND AUTO BODY STRATACOM SUN BADGE COMPANY INC. SUN TRUST TARULLI TIRE SAN DIEGO INC TELLEZ THE LIGHTHOUSE, INC. TOM MOYNAHAN TOOL DEPOT U S BANK CORPORATE PAYMT SYS ULI - THE URBAN LAND INSTITUTE ULI - THE URBAN LAND INSTITUTE UNITED RENTALS VALLEY INDUSTRIAL SPECIALTIES VISTA PAINT VISTA PAINT VWR INTERNATIONAL WATERLINE TECHNOLOGIES WEST GROUP PAYMENT CENTER WESTFLEX INDUSTRIAL WILLY'S ELECTRONIC SUPPLY ZUMAR INDUSTRIES INCORPORATED WARRANT REGISTER # 7 8/12/2008 DESCRIPTION CAR WASHES FOR CITY FLEET ERRORS & OMISSIONS INSURANCE MEMBERSHIP & SUBSCRIPTIONS LATE CONCELLATION FEE STREET SWEEPER PARTS LONG REACH DESK - MYR ELECTRICAL MATERIAL PARTS, REPAIRS, MOWER LABOR, REMOVE STEERING BOX MAINTENANCE SVC, CHANGE OIL BATTERIES UNIFORMS - PARKS SERVICE PERIOD 07-08-4 SE-8. HEADSET, BEHIND THE HEAD 125 PLAN REIMBURSEMENT KNUCKLE FY09 SANDAG ASSESSMENTS MEDICAL REIMB FOR CDC STAFF DOCUMENT SCANNING SERVICES STREET DIVISION GAS & ELECTRIC CHARGI STORE MISC - CM LABOR LETTERHEAD - MYR SILTONE BADGES NEW FIRE TRUCK#1 PAYMT#54 TRUCK WHEELS REPAIR 125 PLAN REIMBURSEMENT MINI LAMPS, 7-WAY PLUG TOWING CHARGES LABOR, REPAIR DRAIN SNAKE CREDIT CARD EXP - FIRE THE PARKING GARAGE BOOK DISTRICT COUNCIL MEETING SCISSOR LIFT DRAIN CLEANER PAINT PAINT SUPPLIES - NHS SUPPLIES CHEMICALS FOR MUNICIPAL POOL TRG CA PARALEGAL MANUAL HOSE ASSEMBLY MIC STAND & HOLDER SIGN FACE, HIGH INTENSITY VIP CHK NO DATE AMOUNT 222252 8/12/08 396.00 222253 8/12/08 84.00 222254 8/12/08 135.00 222255 8/12/08 50.00 222256 8/12/08 580.01 222257 8/12/08 70.69 222258 8/12/08 21.92 222259 8/12/08 440.63 222260 8/12/08 231.53 222261 8/12/08 1,963.98 222262 8/12/08 329.52 222263 8/12/08 248.54 222264 8/12/08 261,815.88 222265 8/12/08 1,284.81 222266 8/12/08 136.09 222267 8/12/08 214.94 222268 8/12/08 13,456.00 222269 8/12/08 90.00 222270 8/12/08 4,100.01 222271 8/12/08 29,064.7- 222272 8/12/08 421.48 222273 8/12/08 782.59 222274 8/12/08 73.95 222275 8/12/08 246.35 222276 8/12/08 5,009.63 222277 8/12/08 105.00 222278 8/12/08 1,347.75 222279 8/12/08 146.16 222280 8/12/08 96.00 222281 8/12/08 42.00 222282 8/12/08 360.11 222283 8/12/08 82.08 222284 8/12/08 50.00 222285 8/12/08 478.96 222286 8/12/08 333.61 222287 8/12/08 1,404.28 222288 8/12/08 265.02 222289 8/12/08 1,811.84 222290 8/12/08 1,838.54 222291 8/12/08 92.44 222292 8/12/08 87.14 222293 8/12/08 682.01 222294 8/12/08 863.3E A/P Total 1,690,662.1 INCORpoRATED WARRANT REGISTER # 7 8/12/2008 PAYROLL. Pay period Start Date End Date Check Date 16 7/15/2008 7/28/2008 8/6/2008 961,272.39 A/P Total 1,690,662.13 GRAND TOTAL $ 2,651,934.52 +�— CA.RP INCORPORATES Warrant Register # 7 8/12/2008 001 GENERAL FUND 104 LIBRARY FUND 105 PARKS MAINTENANCE FUND 109 GAS TAXES FUND 125 SEWER SERVICE FUND 158 SWIMMING POOL REVOLVING FUND 166 NUTRITION 172 TRASH RATE STABILIZATION FUND 173 NATIONAL SCHOOL DIST CONTRACT 174 SWEETWATER SCHOOL DIST CONTRAC 191 STOP PROJECT 198 PROPERTY EVIDENCE SEIZURE 211 SECURITY AND ALARM REGULATION FUND 212 PERSONNEL COMPENSATION FUND 230 ABANDONED VEHICLE ABATEMENT GRANT 246 WINGS GRANT 282 REIMBURSABLE GRANTS CITYWIDE 290 POLICE DEPT GRANTS 301 GRANT-C.D.B.G. 302 CDC PAYMENTS 307 PROPOSITION A" FUND 320 LIBRARY GRANTS 346 PROP 1 B FUND 360 CAPITAL PROJECT - REDEVELOPMENT FUND 502 SECTION 8 FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 626 FACILITIES MAINT FUND 627 LIABILITY INS. FUND 628 GENERAL SERVICES FUND 629 INFORMATION SYSTEMS MAINTENANC 631 TELECOMMUNICATIONS REVOLVING 632 GENERAL ACCOUNTING SERVICES 643 MOTOR VEHICLE SVC FUND 1,047,565.43 30, 359.22 23,043.21 4,428.84 1,193, 072.33 1,916.92 3,073.10 1,633.07 965.40 4,872.61 2,587.37 3,139.93 1,062.11 2,854.18 1,530.69 4,452.22 168.51 2,336.31 24,622.85 729.20 36,722.87 6,198.00 155.68 9,693.64 22, 054.14 70,572.62 1,279.57 33,240.13 3,671.20 10, 330.69 8,535.18 2,482.48 29, 944.07 62,640.75 Total 2.651.934.52 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE September 2, 2008 AGENDA ITEM NO. 20 ITEM TITLE PUBLIC HEARING — Fiscal Year 2008-2009 Supplemental Funding Cycle for the CDBG and HOME Programs PREPARED BY DEPARTMENT Alfredo Ybarra(\ Community Development (Ext. 4279) Housing and Grants EXPLANATION Staff has conducted a review of the Rehabilitation Loan Program and the First Time Homebuyer Program that was administered by the Community Development Commission (CDC) from 1978 to present. The objective of the review was to 1) determine the various funding sources that were provided throughout the program, 2) determine the amount of program income earned throughout the life of the program and 3) identify the amounts that are Community Development Block Grant (CDBG) and HOME Investment Partnerships Program (HOME) so that the City may proceed with a re -allocating those funds to eligible projects. The City's Finance Department has identified $2,070,000 in CDBG funds and $1,200,000 in HOME funds. To allocate funds, the City must complete a public participation process to review and approve various programs and projects eligible for CDBG and HOME program funds each year. Public Hearing #1 is the first hearing to solicit meaningful community involvement and input in the development of the City's amended Fiscal Year (FY) 2008-2009 Annual Action Plan. The purpose of Public Hearing #1 is to review community needs, discuss eligible activities for both the Community Development Block Grant (CDBG) and Home Investment Partnership Act (HOME) Programs, and solicit public comments and input regarding the use of these funds. The City Council and Housing and Community Development Committee (HCDC) will consider the strategic goals and objectives identified in the City's 5-Year Consolidated Plan (2005-10) approved in May 2005 and the strategic objectives identified in the recently developed and approved Community Development Commission Five -Year Strategic Plan. Each of these planning tools will be utilized for establishing the City's funding priorities for FY 2008- —) 2009 Supplemental Allocation Process. Environmental Review N/A Financial Statement Estimated amount of the HUD entitlements for FY 2008-2009: ➢ Community Development Block Grant - $2,070,000 ➢ Home Investment Partnership Program - $1,200,000 Approved By: IL.A, I Finance Director Account No. STAFF RECOMMENDATION Conduct a public hearing to solicit public input regarding the housing and community development needs. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. Attachment 1: FY 2008-2009 CDBG/HOME Supplemental Timelines Attachment 2: Public Notice Attachment 3: 5-Year Consolidated Plan Summary A-200 (9/99) Attachment 1: 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.) 1 Attachment 2 PUBLIC NOTICE CITY OF NATIONAL CITY PUBLIC HEARINGS FOR AN AMENDMENT TO THE FISCAL YEAR (FY) 2008-2009 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAM ANNUAL ACTION PLAN (AAP) Notice is hereby given that the City of National City Council and the Housing and Community Development Committee (HCDC) will hold two (2) Public Hearings: ➢ PUBLIC HEARING #1 — Tuesday, September 2, 2008 at 6:00 p.m. The purpose is to review community needs, discuss eligible uses for CDBG Program Income and HOME Program Income, and to solicit public comments and input regarding the proposed uses for these funds. After consideration of the public comments received, the Council and HCDC will discuss their funding recommendations for the CDBG and HOME Program Income. > PUBLIC HEARING #2 — Tuesday, October 7, 2008 at 6:00 p.m. The purpose is to review public comments received during the 30-Day Comment Period for the proposed uses of the CDBG and HOME Program Income; and to provide interested persons and community groups with one last opportunity to share their thoughts regarding the proposed allocations for the CDBG and HOME Program Income. After consideration of all comments received and upon closure of the public hearing, the Council will finalize the amendment process to FY 08-09 AAP. The estimated amount of Program Income available for each program is as follows: ➢ Community Development Block Grant - $2,070,000 ➢ Home Investment Partnership Program - $1,200,000 Interested persons and community groups are invited to attend these hearings. All public hearings will be held at the City of National City, City Hall Council Chamber, located at 1243 National City Boulevard. National City, CA 91950. For more information regarding this process, please call the Housing and Grants Division at (619) 336-4279. Hearing impaired persons please use the CAL Relay Service Number 711. City facilities are wheelchair accessible. 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. Asistencia En Espanol: para que le interpreten la solicitud en espanol, Ilame al (619) 336-4563. Chris Zapata, City Manager City of National City Publish: The Union Tribune Dates: August 16, 2008 CONSOLADATED PLAN SUMMARY ATTACHMENT 3 L Introduction Every winter, the City of National City begins the application process for the federally funded CDBG and HOME programs. The City receives an annual allocation of funds from the Department of Housing and Urban Development (HUD). The actual amount of the allocations for both programs changes every year and depends heavily upon the amount of funds HUD is allocated from the Federal Budget. However, in the recent past, the sum of both allocations has been approximately $2 million each year. Citizen Participation Plan The City of National City's Citizen Participation Plan is developed in accordance with 42 U.S.C. 91.105 of the Housing and Community Development Act of 1974, as amended. This plan sets forth the policies and procedures that the City of National City will follow to encourage citizen participation in the Community Development Block Grant (CDBG) Program and the HOME Investment Partnership Act (HOME) Program. The Citizen Participation Plan will be followed through the 2005 - 2010 Consolidated Plan Process. The City of National City Community Development Commission (CDC) will utilize the following strategy to solicit meaningful community participation and input toward the development of the Consolidated Plan or Annual Action Plan, any substantial amendments to the Consolidated Plan/Annual Action Plan, and the Consolidated Annual Performance and Evaluation Report (CAPER). The guidelines established are designed to encourage participation by low — and moderate — income persons; particularly those who live in low — income neighborhoods, and in areas where CDBG and HOME funding is proposed to be utilized. The CDC is also the Housing Authority for National City and encourages persons who receive public housing assistance to participate in the consolidated planning process. Development of Consolidated Plan Public Noticing of Consolidated Plan/Annual Action Plan The public review period of the proposed Consolidated Plan/Annual Action Plan will be available for review for s0-days before the City of National City adopts the Plan/Annual Action Plan. The City will provide 10-days prior notice of the availability of the proposed document to citizens, public agencies and other interested parties. The following information will be included in the public notice: • Amount of funding assistance from Housing and Urban Development (HUD), the City expects to receive during next funding cycle, including program income. • The range of activities that may be undertaken, including the estimated amount that will benefit person of low- and moderate- income persons. Residents affected by the Plan's implementation will have access to the City's Plans to minimize displacement and to assist those displaced, if any, as a result of the Plan's Activities. In all cases of displacement, the City will follow all regulations in HUD's Handbook 1378. The following identifies steps to minimize displacement: 1. Coordinate code enforcement with rehabilitation and housing assistance programs. 2. Stage rehabilitation of apartment units to allow tenants to remain in the building complex during and after rehabilitation, working with empty units first. 3. Arrange for facilities to house persons who must be relocated temporarily during rehabilitation. 4. Consider the use of Section 8 Vouchers and Certificates for displaced families. Public Hearing for Consolidated Plan The City Council will hold two public hearings every Consolidated Plan program year. The first public hearing will be held before the Consolidated Plan/Annual Plan is published for review, to hear the views of citizens regarding the needs of the community. The second public hearing will be held toward the completion of the 30-day public review period of the Consolidated Plan/Annual Plan. Public Noticing of the Public Hearings will be posted ten days prior to the hearing in The Star News and Daily Transcript, and posted at the following locations; City Hall and the Martin Luther King Community Center. City Council meetings are held on the first and third Tuesday of each month at 6:00 pm. City Hall is located at 1243 National City Boulevard, National City, CA 91950. The City Hall is ADA accessible. In addition to the public hearings, several public meetings will be held during the Consolidated Plan process with the National City resident advisory committee, the Housing and Community Development Committee (HCDC). The HCDC will review all proposed projects for potential CDBG and HOME funding and make recommendations to the City Council on their perspective of local priorities and how grant funds should be spent. The CDC will consider any and all comments or views of citizens received in writing, or orally at the public hearings and public meetings when preparing the final Consolidated Plan. A summary of any comments or views not accepted and the reasons therefore, shall be attached to the final consolidated plan. Consolidated Annual Performance and Evaluation Report (CAPER) At the end of each fiscal year, the City of National City is required to review the City's progress toward meeting the goals and objectives that are set forth in the Consolidated Plan/Annual Action Plan. The CAPER Report is submitted to HUD's Regional Office for review in late September. As part of the City's review process, the CAPER is made available to citizens, public agencies and interested parties for a period of 15-days. A 10-day advance notice is provided to the public that the Report will be available for review. 1/ io ow, llo Citizens are encouraged to provide comment on the CAPER Report through written or oral comment during the 15-day review period. A summary of these comments or views shall be attached to the performance report and actions taken by the City to address the comments will be included in the CAPER. Plan Amendments Substantial Amendments The City of National City determines that substantial amendments to the Consolidated Plan include a change of goals and or objectives in the Consolidated Plan, or Annual Action Plan. Ten days advanced notice of public hearings will be printed in The Star News and Daily Transcript, and public notices will be posted at City Hall and the Martin Luther King Community Center. The public will be provided a 30 - day comment period to provide written or oral views on the substantial amendments. In addition, a public hearing will be held to hear citizen comments on the amendments. A summary of the comments or views, and a summary of any comments not accepted and the reasons therefore will be attached to the substantial amendment of the consolidated plan. Re -allocation of funds Amendments to the Consolidated Plan include the re -allocation of CDBG or HOME funds from one eligible activity to another. A 10-day advance notice of public hearings considering the re -allocation of CDBG or HOME funds will be printed in The Star News, and will be posted at City Hall and the National City Public Library. The City of National City will consider any written or oral comments from citizens at all public hearings, if any, and take into consideration public input regarding the re -allocation of funds. Amendments to Citizen Participation Plan The City of National City encourages citizen comment on the Citizen Participation Plan and on any substantial amendments. The City of National City will provide citizens with a 10-day notice for the public to review the document. The amended Citizen Participation Plan will be made available for the public for 15 days. During that time, public comment both written and oral will be considered for the final draft of the Plan. Public comment will be attached to the document upon completion of the final document. Access to Information Availability to the Public The proposed Consolidated Plan, substantial amendments to the Consolidated Plan, and the CAPER Report will be made available to the public. Public access includes the availability of materials in a form accessible to persons with disabilities, upon request. In addition, bilingual staff is available to assist individuals who are non-English speaking. The Consolidated Plan/Annual Action Plan, the CAPER Report and substantial amendments to the Consolidated Plan will be made available for review at the following locations: • Community Development Commission — 140 East 12th Street, Suite B • City Hall — 1243 National City Boulevard, City Clerks Office • City of National City Website — www.ci.national-city.ca.us Citizens, public agencies and interested parties may contact the CDBG Program Coordinator for further information or to provide comment at: Leticia Quintero, Economic Development Specialist Community Development Commission 140 East 12th Street, Suite B National City, CA 91950 (619) 336 - 4568 E-mail address: lquintero@ci.national-city.ca.us ofr Access to Records The CDC will ensure reasonable access to information and records related to the development of the Consolidated Plan process and to the expenditure of resources for programs funded by CDBG and HOME for the preceding five years. Copies of documents will be available for review at the Community Development Office located at 140 East 12th Street, Suite B, National City, CA 91950. Technical Assistance The CDBG Program Coordinator will provide technical assistance to citizens, public agencies or interested parties to develop funding requests for CDBG and HOME funds. Technical assistance for such individuals or groups includes helping them understand the program requirements, determination of eligible/ineligible activities, providing suggestions on structuring of new programs, and assistance with completing the grant request application. As part of the Community Development Block Grant process the Community Development Commission will implement a workshop for every fiscal year. Recipients will have an explanation as to how they should submit reimbursements, the pertinent timelines, and the monitoring procedure. Complaints The CDC Staff will accept written and or oral comments/complaints relating to the Consolidated Plan process during the time that relates to each comment period noted above. The CDC Staff will make an effort to respond to every written citizen complaint within 15 business days where practicable. Complaints regarding the Consolidated Plan process, amendments to the Plan or the CAPER Report must include: 1. A description of the objection with supporting facts and data; and 2. Name, address, telephone number, and date of complaint. City of National City, California COUNCIL AGENDA STATEMENT - MEETING DATE September 2, 2008 AGENDA ITEM NO. 21 -- ITEM TITLE Public Hearing — Amendment to Title 18 (Zoning) Chapter 18.142 of the National City Municipal Code Pertaining to Residential Density Bonus and Affordable Housing Incentives and Proposed Finding of No Significant Environmental Effect. (Applicant: City Initiated) (Case File No. 2008-15 A) 0� PREPARED BY Angela Reeder, 336-4310 DEPARTMENT Planning EXPLANATION For many years, the State of California has required all municipalities to offer density bonus opportunities to developers in exchange for providing affordable housing. A density bonus is the possibility to build more housing units than would otherwise be permitted on a site. To accommodate this additional density, a variety of other design regulation incentives. waivers, or modifications may also be requested. Chapter 18.142 of the City's Land Use Code, Residential Density Bonus and Affordable Housing Incentives, was developed in accordance with those State Planning and Zoning laws. In 2004 and 2005, new state legislation was signed regarding density bonuses and affordable housing incentives. As a result, Section 18.142 of our City Code is now inconsistent with the State. The attached Amendment has been prepared to bring our Code into compliance with state law. The proposed amendment carries out two principal objectives. The first objective is to bring the City ordinance into conformance with the current State regulations for projects with five units or more. The second objective is to provide incentives for smaller, infill affordable projects with less than five units. The Planning Commission held a public hearing on this item at their August 18, 2008 meeting and recommended approval of the proposed amendment. The attached background report describes the proposal in detail. Environmental Review Financial Statement N/A NIA Proposed Negative Declaration (2008-15 IS) Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff concurs with the recommendation of the Planning Commission. BOARD / COMMISSION RECOMMENDATION The Planning Commission recommends approval of the amendment to the Land Use Code, Chapter 18.142. Vote: Ayes- DeLaPaz, Reynolds, Flores, Baca, Alvarado, Pruitt, Farias ATTACHMENTS ( Listed Below ) "'1. Background Report 2. Draft Amendment L Resolution No. 3. Recommended Findings 4. Negative Declaration & Initial Study A-200 (9/99) BACKGROUND For many years, the State of California has required all municipalities to offer density bonus opportunities to developers in exchange for providing affordable housing. A density bonus is the possibility to build more housing units than would otherwise be permitted on a site. To accommodate this additional density, a variety of other design regulation incentives, waivers, or modifications may also be requested. Chapter 18.142 of the City's Land Use Code, Residential Density Bonus and Affordable Housing Incentives, was developed in accordance with those State Planning and Zoning laws. In September 2004, the Governor of the State of California signed new legislation regarding density bonuses and incentives for affordable housing projects. Known as Senate Bill 1818 (SB1818), the new legislation substantially modified the original state density bonus law by increasing the maximum allowable density bonus from a 25% to a 35% density increase. The bill also introduced a sliding scale model where bonuses are increased relative to the percent of affordable units in the project and the level of their affordability: moderate, low, or very low. This change also increased thc number of concessions or incentives a jurisdiction must grant developers who qualify for a density bonus. Under previous legislation only one concession was required. Under SB1818, a sliding scale provides between one and three concessions and/or incentives. In the fall of 2005, SB435 was adopted to further clarify the intent of the affordable housing regulations. Both SB1818 and SB435 are incorporated into California Government Code Section 65915 (Govt. Code 65915). Since Section 18.142 of the City Land Use Code is now inconsistent with the State Code, thc attached Density Bonus Ordinance amendment has been prepared to bring our Code into compliance with state law. PROPOSAL The proposed amendment carries out two principal objectives. The first objective is to bring the City ordinance into conformance with the current State regulations for projects with five units or more. The second objective is to provide incentives for smaller, infill affordable projects with less than five units. OBJECTIVE 1: State Regulation Compliance, Projects of Five (5) or More Units For purposes of applying for a density bonus, affordable housing is identified as housing available to Very Low, Low, and Moderate income households. Very Low income households are defined as those earning 50% or less of the area median income (AMI) for San Diego County, Low/Lower income are those earning 51-80% AMI, and Moderate income arc those earning 81- 120% AMI. These income definitions are based upon the housing cost definitions within the California Health and Safety Code. Units granted through a density bonus process must remain "affordable" for a minimum of 30 years. In projects where current zoning would permit five (5) or more units, the proposed amendment defers primarily to the State regulations for direction. Under the City's current ordinance, developers may apply for a 25°A° density bonus when 20% of the proposed development is 1 Amendment to Chapter 18.142 (Case File: 2008-15 A) Page 1 of 4 affordable to low income households or 10% is affordable to very low income households. The state's new sliding scale, which lowers the threshold for density bonus applications. includes a maximum 35% density bonus and is summarized below: Min. % of Affordable Units in a Project Initial Density Bonus Additional Density Bonus per Each Additional 1 % of Affordable Units Maximum Bonus Possible % of Total Project Affordable to Obtain Maximum Bonus Moderate (for sale only) 10% 5% 1 % bonus 35% (40%) I,ow/Lower 10% 20% 1.5% bonus 35% (20%) Very Low 5% 20% 2.5% bonus 35% (11 %) In addition to the density bonus units, a developer may also apply for concessions or incentives from the City. These may include, but are not limited to, reductions in setbacks, lot coverage, open space or increases in building heights. Although under State law, the City is obliged to grant a concession, the applicant may be required to first demonstrate how the incentives are needed to ensure housing affordability. In the proposed City ordinance, concessions are broken down into two tiers depending on their level of impact on residents of the project and/or surrounding community, as well as their more readily apparent influence in providing identifiable, financially sufficient and actual cost reductions. Concessions with an anticipated greater impact require a higher level of review and approval, including the submission of a Financial Pro Forma to demonstrate cost reductions. The two tiers of approval are 1) staff approval through administrative review, and 2) Planning Commission review and recommendation to City Council. Tier 1 concessions are proposed to include the following four items: a. Up to a twenty percent (20%) reduction in either a side, front, or rear yard setback requirement, with each structure in a required yard setback counting as one concession or incentive; b. Up to a twenty percent (20%) increase in maximum lot coverage; c. Up to a twenty percent (20%) reduction in required common open space area or private open space area per unit; or d. A reduction of off-street parking requirements consistent with Govt. Code Section 65915; All other requested concessions would be considered a Tier 2 concession, thus requiring a financial pro forma and additional review, as discussed above. If a single project requests multiple concessions from different tiers, all requested concessions would be subject to the 2nd level of approval. For example, if a proposed project requests two Tier 1 concessions and one Tier 2 concession, all concessions, including those from Tier 1, would be subject to Planning Commission recommendation and Council approval under Tier 2. If the type of project, such as a major subdivision, requires City Council approval, then the requests for density bonus concessions would require City Council approval as well. Amendment to Chapter 18.142 (Case File: 2008-15 A) 2 Page 2 of 4 The number of concessions permitted is based on the number of affordable units and their level of affordability. The fbllowing table summarizes how many concessions (or incentives) would be allowed. AFFORDABILITY LEVEL & TYPE PERCENTAGE OF TOTAL UNITS THAT ARE AFFORDABLE NUMBER OF CONCESSIONS 5% 1 VERY LOW 10% 2 15% 3 10% 1 LOW 20% 2 30% 3 MODERATE 10% 1 INCOME (FOR 20% 2 SALE) 30% 3 In addition to the concessions listed above, the Government Code specifically states that a developer may also request reduced parking requirements- Govt. Code 65915(p). The identified parking reductions are essentially the same as the City's current parking regulations, minus guest parking for the smaller units. The reduced requirements would generally be as follows: • Zero to one -bedroom units: one on -site parking space. • Two to three -bedroom units: two on -site parking spaces. • Four and more bedroom units: two and one-half on site parking spaces. OTHER WAYS To QUALIFY FOR DENSITY BONUSES: Senior Housing Projects: To qualify the senior citizen housing development must have at least 35 units and may apply for a maximum of a twenty percent (20%) density bonus- Govt. Code 65915(b)(1)(c) and (g)(3). Child Care Facilities: A development providing a child care facility may apply for a density bonus or a concession. The maximum density bonus would be equal to the amount of square feet in the child care facility- Govt. Code 65915(i). Donation of Land: Developers may be permitted to donate land in -lieu of constructing the units on site if the land is at least one acre in size or would allow development of at least 40 units. The land must also have entitlements to construct the units- Govt. Code 65915(h). Apartment Conversions: A project converting existing rental apartments to condominiums may be eligible for a density bonus up to 25% over the existing number of apartments or a concession of equivalent financial value. The developer must agree to provide 33% of the total units in the Amendment to Chapter 18.142 (Case File: 2008-15 A) 3 Page3of4 proposed condominium project as affordable to moderate income households or l 5% affordable to lower income households- Govt. Code 65915.5. OBJECTIVE 2- Density Bonus for Small Developments, less than five (5) units While this density bonus opportunity is not required by State Law, it has been included in the City's current proposed Density Bonus Ordinance in order to encourage infill, affordable units. Since the city is primarily built -out, there is little opportunity for affordable housing projects of five (5) or more units. Also, by encouraging smaller projects, the available affordable housing could be more evenly distributed throughout the community. Developers may request a density bonus for small developments when all of the units proposed would meet affordable limits for Low or Very Low households, as a part of an effort to encourage small affordable infill development. The bonus would allow for subdivisions with a minimum of 2,500 square foot lots, or projects with an equivalent density of 17.4 dwelling units per acre, if no subdivision were proposed. The project, including the density bonus units, could not exceed seven (7) total units. In addition, a list of nine potential incentives was created to contribute to the economic feasibility of these affordable projects. Incentives include items such as: increased lot coverage, allowance for parking in a setback, up to a 20% reduction in required open space, and an allowance for 3- story homes with a maximum height of 35 feet. If a developer proposes a project pursuant to this section for Low Income households, then two incentives can be selected from an abbreviated list to assist in the development. However, if a developer proposes a project pursuant to this chapter for Very Low income households, then three incentives could be chosen, and the list of potential incentives is enlarged to include nine options. ENVIRONMENTAL REVIEW An Initial Study and Negative Declaration have been prepared to evaluate the potential environmental impacts of the proposed amendment to the Zoning Code in accordance with the California Environmental Quality Act (CEQA) and the City's environmental review procedures. The Initial Study and Negative Declaration have been available for public and agency review for the 30-day period from July 18, 2006 through August 18, 2008. The Initial Study concluded that there are no direct physical impacts resulting from the project since no development is currently proposed. All ensuing projects will require subsequent environmental review to assess potential environmental impacts. PLANNING COMMISSION REVIEW A public hearing was held before the Planning Commission on August 18, 2008 for the proposed amendment. No persons spoke on the item. The Commission found the amendment would bring the City's code into compliance with State requirements, in addition to furthering City goals to provide housing for all members of the community. Amendment to Chapter 18.142 (Case File: 2008-15 A) 4 Page 4 of 4 DRAFT AMENDMENTS TO TITLE 18 (ZONING) Amend Chapter 18.142 Residential Density Bonus and Affordable Housing Incentives, to read as follows: (Red, Underlined Text is an addition. StFfke-through is for deletions.) 18.142.010 Intent and purpose. The intent and purposes of this chapter are to: A. Implement the policies of the General Plan's Housing Element for developing affordable housing for households with very low low. and moderate incomes. B. Encourage affordable housing units to be developed citywide and designed to be consistent with the surrounding neighborhood. C. Implement the provisions of State Government Code Section 65915. D. Increase affordable housing opportunities by offering further incentives for proposed affordable housing projects that are less than the State's density bonus threshold of five (5) residential units. 18.142.020 Definitions. Whenever the following terms are used in this chapter, they shall have the meaning established below: A. "Additional incentives" means any regulatory concessions or incentives which would result in identifiable cost avoidance or reductions that are offered in addition to a density bonus, as also specified in California Government Code Subsections 65915 (d) d--(h). B. " 2008-15 A - Code Amendment 18.142 Residenial Density Bonus and Affordable Housing Incentives Page 1 of 12 O. "Density bonus" means a density increase of up to twenty thirtv-five percent over the otherwise maximum residential density allowable by the applicable zoning designation. pursuant to State Government Code 65915, as amended from time to time. CF. "Density bonus units" means those residential units granted pursuant to the provisions of this chapter that exceed the otherwise allowable maximum residential density for the development site. D. "Development standard" shall have the meaning given that term by subdivision (o) of Government Code Section 65915. E. "Financial Pro Forma" means a financial report for density bonus projects which shall include identifiable, financially sufficient, and actual cost reductions achieved through any requested incentives. concessions, or waivers, as well as evidence that the cost reduction allows the developer to provide affordable rents or affordable sales prices. F 4. "Housing development" for the purpose of this chapter means construction projects consisting of five-er—more residential units, including single-family, multi -family, and mobile homes for sale or rent, . GJ. "Lower income household" means households whose income is between 31 and 50 percent of the average median income of applicable -to San Diego County, as published and periodically updated by the State Department of Housing and Community Development pursuant to Section 50079.5 of the Califomia Health and Safety Code. HI."Maximum residential density" means the maximum number of residential units permitted by the city's General Plan Land Use Element and Land Use Code at the time of application, excluding the provisions of this chapter. In calculating the required number of dwelling units affordable to moderate, tower, or very tow income households. any decimal fraction resulting from the applicable percent of the total units shall be rounded to the next larger whole number. 2008-15 A -- Code Amendment 18.142 Residential Density Bonus and Affordable Housing Incentives Page 2 of 12 I. "Moderate income household" means households whose income is between 81 and 120 percent of the average median income of San Diego County, as published and periodically updated by the State Department of Housing and Community Development pursuant to Section 50093 of the California Health and Safety Code. JM. "Non -restricted unit" means all units within a housing development as defined in this chapter, excluding the target units. �J ' citizen- heueing KR.'Target unit" means a dwelling unit within a housing development that will be reserved for sale or rent to, and affordable to, very low, of lower. or moderate income households, or qualifying residents. LQ. "Very low income household" means households whose income is less than 50 percent of the area median income of San Diego County, as published and periodically updated by the State Department of Housing and Community Development, pursuant to Section 50105 of the California Health and Safety Code. (Ord. 2194 § 5 (part)) 18.142.030 Density bonus. A. In applications for projects meeting the minimum threshold of five (5) units or more. the density bonus provisions set forth in Government Code Section 65915, as amended from time to time. shall apply. B. In applications for affordable housing projects of less than five (5) units, the applicant may submit an application and appropriate fee for consideration of a density bonus. To receive the benefits of this section all units shall be affordable to low and/or very low income households. 1. Affordable housing developments meeting the criteria of subdivision (B) above shall be permitted to create subdivisions with a minimum of 2.500 square foot lots, or projects with an equivalent density of 17.4 dwelling units per acre, if no subdivision is proposed. 2. In no event shall the total number of units. including the density bonus units, exceed seven (7). C. It is the intent of this section to ensure that all projects applying for the concessions and incentives of this section provide for affordable housing units that are comparable in size, design, and quality to the market units in the same project. The Planning Director, unless otherwise specified, shall have the discretion and authority to enforce this provision during the application process. 2008-15 A - Code Amendment 18.142 Residential Density Bonus and Affordable (lousing Incentives Page 3 of 12 2008-15 A - Code Amendment 18.142 Residen!al Density Bonus and Affordable !lousing Incentives Page 4 of 12 18.142.050 Concessions, incentives, and development standards and -criteria. A. Housing Projects of Five or More Units. In applications for projects meeting the minimum threshold of five (5) units or more, concessions and incentives including reductions in site development standards, modifications of zoning code or architectural design requirements. and other incentives or concessions defined in Government Code Section 65915(1) that result in identifiable, financially sufficient, and actual cost reductions may be requested as follows: 1. Tier 1 Concessions — No Financial Pro Forma Required. The following concessions and incentives may be approved by the Director of Planning and Building. unless the residential development or other concessions otherwise require approval by the Planning Commission or City Council, and without any requirement that the applicant demonstrate to the city that the requested concession or incentive results in identifiable, financially sufficient, and actual cost reductions to the project pursuant to California Government Code Section 65915(1)(1): a. Up to a twenty percent (20%) reduction in either a side, front. or rear yard setback requirement, with each structure in a required yard setback counting as one concession or incentive; b. Up to a twenty percent (209'0) increase in maximum lot coverage; c. Up to a twenty percent (20%) reduction in required common open space area or private open space area per unit: or d. A reduction of off-street parking requirements consistent with Government Code Section 65915; 2. Tier 2 Concessions — City Council Approval and Financial Pro Forma Required. All other concessions and incentives not listed as Tier 1 Concessions above shall be approved by the City Council. The applicant shall provide a financial pro forma demonstrating to the city that the requested concession or incentive results in identifiable, financially sufficient, and actual cost reductions to the project pursuant to California Government Code Section 65915(I)11). 3. Development Standards. Applicants may seek a waiver or modification of development standards that will have the effect of precluding the construction of a residential development meeting the criteria of Government Code Section 65915 at the densities or with the incentives or concessions permitted by that section. The applicant shall show that the waiver or modification is necessary to make the affordable housing units economically feasible, based upon appropriate financial analysis and documentation as specified in Section 18.142.060. 2008-15 A Code Amendment 18.142 Residengal Density Bonus and Affordable Housing Incentives Page 5 of 12 4. Nothing in this section requires the city to provide direct financial incentives for the residential development, including but not limited to the provision of publicly owned land, waiver of fees, off -site improvements, or dedication requirements. B. Affordable Housing Projects of Less than 5 Units. In applications for affordable housing projects of fess than five (5) units, the applicant may request specific incentives and/or concessions that would contribute significantly to the economic feasibility of providing affordable units as set forth below: 1. If the project has 4 or fewer total units, including the density bonus units for Low and/or Very Low Income households, two (2) incentives may be requested from the following: a. An increased maximum lot coverage. b. Allowance for required guest parking to be located in tandem in a garage or in a required setback. c. Reduced minimum outdoor and/or private usable open space requirements in total square feet (Up to 20 percent reduction). d. Increased building height to allow three stories, not to exceed a maximum of 35 feet in height. 2. If the project has 5 or more total units, including the density bonus units provided for Low and/or Very Low Income households, three (3) incentives may be requested from the following: a. Any incentive listed under "Low Income" subsection (18.142.050 (B)(1)). b. A reduction of a minimum building setback from a front, side, or rear property line, not to exceed the minimum standards as set forth in the latest Building and Fire Codes adopted by the City. c. A reduction in building separation requirements, not to exceed the minimum standards as set forth in the latest Building and Fire Codes adopted by the City. d. A reduced parking requirement, including number of spaces or requirement for covered spaces. e. Reduced residential unit sizes for homes with two or more bedrooms to below the minimum 800 square feet of floor area requirement. 2008-15 A - Code Amendment 18.142 ResiderM?i1 Density Bonus and Affordable Housing Incentives Page 6 of 12 ) 18.142.060 Application requirements and review. A. Preliminary Application Conference. Prior to submitting an application, an applicant applicationidevelopef proposing a housing development pursuant to this section shall culbaait are -encouraged -to schedule a pre -application conference with appropriate the Planning and Housing Division staff Department, . A PreApplication timinary conference application materials should contain snail --include the following information: 1. A brief description of the proposed development, including at a minimum the total number of units; total number of target units ; and total number of density bonus units proposed. 2. The combined general plan/zoning designations and assessor parcel number(s) of the project site. 2008-15 A -- Code Amendment 18.142 ResidentIl Density Bonus and Affordable Housing Incentives Page 7 of 12 3. A vicinity map and preliminary site plan, drawn to scale, including building footprints, driveway and parking layout. households: 4. If an additional incentive(s) is requested, the application should describe why the additional incentive(s) is necessary to ensure affordability of the target units , ; and density bonus units propose ; 5. The developer/applicant should also submit the project pro -forma, outlining revenue sources, and expenses, and protected profit. B. Application/Processing. Requests for a density bonus and/or additional incentive(s) or in lieu pursuant to this chapter, shall be submitted to the planning department: and processed pursuant to procedures in Chapter 18.116 for approval of a conditional use permit and concurrently with any other application(s) required for the development. In addition, applications shall include the following: 1. A description of any requested density bonuses, incentives. concessions, waivers or modifications of development standards, or modified parking standards. 2. identification of all affordable units qualifying for the project for a density bonus, and level of affordability of all affordable units. 3. For all incentives and concessions except those listed in Section 18.142.050 (A)(1), a financial pro forma demonstrating that the requested incentives and concessions result in identifiable, financially sufficient, and actual cost reductions. 4. For waivers or modifications of development standards: (1) a financial pro forma demonstrating that the waiver or modification is necessary to make the development of housing units economically feasible based upon appropriate financial analysis and documentation; and, (2) evidence that the imposition of the development standards for which a waiver is requested will have the effect of precluding the construction of the residential development at the densities or with the incentives or concessions permitted by Government Code Section 65915. 5. Any financial pro forma submitted to comply with subsections 18.142.050 (A)(2) and jA)(3) of this section may not include the lost opportunity cost of any affordable units (i.e., the revenue that would have been generated had the units been rented or sold at market rate) and may include as an additional cost only those additional expenses that are required solely because of the proposed construction of the affordable units. The pro forma shall also include: (a) the actual cost reduction achieved through the 2008-15 A - Code Amendment 18.142 Residen}iil Density Bonus and Affordable Housing Incentives Page 8 of 12 incentive, concession, or waiver: and (b) evidence that the cost reduction allows the developer to provide affordable rents or affordable sales prices. C. Findings for Approval. Before any density bonus and/or additional incentive is granted. the approving authority shall make the following findings: 1. The residential development is eligible for a density bonus and any concessions, incentives, waivers, modifications, or reduced parking standards requested. 2. The residential development conforms to all standards for affordability included in this section. 3. Any requested incentive or concession will result in identifiable, financially sufficient, and actual cost reductions based upon appropriate financial analysis and documentation if required by Section 18.142.050. 4. If a waiver or modification is requested, the applicant has shown that the waiver or modification is necessary to make development of the housing units economically feasible by providing appropriate financial analysis and documentation as described in Section 18.142.050, and that the imposition of the development standards will have the effect of precluding the construction of the residential development at the densities or with the incentives or concessions otherwise permitted by this section. D. Findings for Denial. 1. Concessions or Incentives. The City may deny one or more requested concessions or incentives if, based on substantial evidence, the City makes either of the following findings: a. The concession or incentive is not required in order to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in 65915(c): or, b. The concession or incentive would have a specific adverse impact, as defined in Government Code Section 65598.5(d)(2), upon public health and safety or the physical environment, or on any real property that is listed in the California Register of Historical Resources, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rending the development unaffordable to very low, low, and moderate income households. 2. Waivers and Modifications. The City may deny one or more requested waivers or modifications if the City makes either of the following findings: a. The waiver or modification is not necessary to make the housing units economically feasible, as noted in Government Code Section 65915(f).; or, b. The waiver or modification would have a specific adverse impact, as defined in Government Code Section 65598.5(d)(2), upon public health and safety. or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact; or, c. The waiver or modification would have a specific adverse impact on any real property that is listed in the California Register of Historical Resources. E. Deed Covenant. Approval of a density bonus and/or additional incentive(1 pursuant to this chapter shall require the recordation of a deed covenant recorded against the property to ensure the target unit(s) is maintained for affordability for the time period required prior to Final Map recordation or prior to the issuance of a building permit, if no subdivision of property is involved. F. Appeal Procedure. The decision of the Planning Commission to approve or deny a request for a density bonus and/or additional incentive(s) pursuant to this chapter may be appealed to the City Council pursuant to procedures for appeal of other discretionary permit applications that are concurrently considered, or 2008-15 A - Code Amendment 18.142 Residential Density Bonus and Affordable Housing Incentives Page 9 of 12 If no other discretionary permit applications are concurrently considered, the decision of the planning commission may be appealed pursuant to procedures specified in Chapter 18.116. housing- serve-the-pfelest 18.142.080 Density bonus housing agreement. A. Applicants/developers requesting a density bonus shall enter into a Density Bonus Housing Agreement with the City. The terms of the draft agreement shall be approved by the Community Development Manager of the City's Community Development Department, Housing and Grants Division , unless CDC approval is otherwise required. B. Following execution of the agreement by all parties, the completed Density Bonus Housing Agreement, or memorandum thereof, shall be recorded with the County of San Diego Recorders Office and the conditions therefrom filed and recorded on the parcel or parcels designated for the construction of target units and a copy of the recorded document shall be provided to the City. The -approval and Recordation of the agreement shall occur take -place prior to recordation of a Final Map approval, or, , prior to 2008-15 A - Code Amendment 18.142 Residential Density Bonus and Affordable Housing Incentives Page 10 of 12 issuance of building permits. whichever occurs first . The Density Bonus Housing Agreement shall be binding to all future owners and successors in interest during the term of the agreement unless rescinded by the City upon completion of terms of the agreement. C. The Density Bonus Housing Agreement shall include at least the following: 1. The total number of units approved for the housing development, including the number of target units. 2. A description of the household income group to be accommodated by the housing development, as outlined in Section 18.142.050 of this chapter, and the standards for determining the corresponding affordable rent or affordable sales price and housing cost. 3. The location, unit sizes (square feet), and number of bedrooms of target units. 4. Tenure of use restrictions for target units of at least ten or thirty years, in accordance with Section 18.142.050 of this chapter. 5. A schedule for completion and occupancy of target units. 6. A description of the density bonus, additional incentive(s) or equivalent financial incentives being provided by the city. 7. A requirement to submit to the Community Development Manager of the Community Development Department for his review and approval of an Affirmative Marketing Plan, which details the actions the developer/applicant shall will take to provide information and otherwise attract eligible persons to the available housing units without regard to race, sex, sexual orientation, marital status, familial status, color, religion, national origin, ancestry, handicap, age or any other category which may be defined by law now or in the future. 8. A description of remedies for breach of the agreement by either party. The city may identify tenants or qualified purchasers as third party beneficiaries under the agreement. 9. Other provisions to ensure implementation and compliance with this chapter. 10. Provision allowing payment of fee by Developer to City to recover their administrative expenses. D. In the case of for -sale housing developments, the Density Bonus Housing Agreement shall provide for the following conditions governing the initial sale and use of target units during the applicable use restriction period: 1. Target units shall, upon initial sale, be sold to eligible very low, of lowef, or moderate income households at an affordable sales price and housing cost, or to qualified residents (i.e., maintained as senior citizen housing) as defined by this chapter. 2. Target units shall be initially owner -occupied by eligible very low, er lowef, or moderate households, or by qualified residents in the case of senior citizen housing. 2008-15 A — Code Amendment 18.142 Resider!Aibl Density Bonus and Affordable Housing Incentives Page 11 of 12 3. Target units, if later rented by the owner, should shall be made available to eligible very low, of lower, or moderate income households at an affordable rent, or to qualified residents (i.e., senior citizens) as defined by this chapter. 4. The initial purchaser of each target unit shall execute an instrument or agreement approved by the City restricting the sale or rental of the target unit in accordance with this ordinance during the applicable use restriction period. Such instrument or agreement shall be recorded against the parcel containing the target unit and shall contain such provisions as the City may require to ensure continued compliance with this chapter and the state density bonus law. E. In the case of rental housing developments, the Density Bonus Housing Agreement shall provide for the following conditions governing the use of target units during the use restriction period: 1. The rules and procedures for qualifying tenants, establishing affordable rent, filling vacancies, and maintaining target units for qualified tenants; 2. Property owners shall be required to verify tenant incomes on an annual basis and maintain books and records to demonstrate compliance with this chapter. 3. Property owners shall be required to submit an annual report to the city, which includes the name, address, household size and income of each household occupying target units, and which identifies the bedroom size and monthly rent or cost of each target unit. 4. Property owners shall be required to allow a city representative to inspect each unit annually at a minimum to ensure that units are being maintained to local Code and the Department of Housing and Urban Development (HUD) Housing Quality Standards. 2008-15 A — Code Amendment 18.142 Residenlial Density Bonus and Affordable Housing Incentives Page 12 of 12 RECOMMENDED FINDINGS FOR APPROVAL 1. The proposed amendment is in the public interest and is consistent with General Plan policies, as the General Plan calls for review of National City zoning and development ordinances to achieve implementation of General Plan programs and policies. 2. The amendment will carry out General Plan Housing Element policies to revise the City's Density Bonus Ordinance to achieve consistency with state law, to promote housing opportunities in the City for all income levels including lower income households, and to emphasize developing affordable housing for families in proportionate to the needs of the community. Amendment to Chapter 18.142 (Case File: 2008-15 A) 17 Page 1 of 1 City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR PROPOSED NEGATIVE DECLARATION Project Title: Amendment to Title 18 (Land Use Code), Chapter 18.142 Residential Density Bonus and Affordable Housing Incentives, Project No. 2008-15 A 2. Applicant: City of National City Planning Division 1243 National City Boulevard National City, CA 91950 Address of Project: All residential developments within the City of National City ****************************************************************************** Project Description The proposed project is an amendment to National City Land Use Code, specifically Section 18.142 Residential Density Bonus and Affordable Housing Incentives. The Statewide Density Bonus law (Government Code Section 65915-65918) is intended to encourage developers to build affordable housing by requiring local governments to provide incentives to do so. The law requires each city adopt an ordinance to specify how residential density bonuses and related development incentives shall be granted. As a result of past changes in state law, the current City Municipal Code section needs to be updated; therefore, the amendment is intended to bring the ordinance into compliance with the current version of Government Code Section 65915-65918. The proposed amendment would provide up to a 35% density bonus for projects with an affordable component, in order to bring the ordinance into conformance with State law. It would also add provisions for density bonus opportunities in projects with less than five units. Environmental Findings: The Negative Declaration (2008-15 IS) has been considered together with any comments received during the public review process, and based on the whole record (including the Initial Study Checklist and any comments received) there is no substantial evidence that the project will have a significant effect on the environment and that the Negative Declaration reflects the City's independent judgment and analysis. A copy of the Initial Study documenting reasons to support the finding is attached (2008-15 IS). 18 ® Recycled Paper CITY OF NATIONAL .: Planning and Building Department 1243 National City:Boulevard National City, CA 9195Q ` ?: 1. PROJECT TITLE/PROJECT #: Amendment to Title 18 (Land Use Code), Chapter 18.142 Residential Density Bonus and Affordable Housing Incentives, Project No. 2008-15 A, IS 2. LEAD AGENCY: Contact: Phone: City of National City Planning Division 1243 National City Boulevard National City, CA 91950 Angela Reeder, Associate Planner (619)336-4310 3. PROJECT LOCATION: All residential developments within the City of National City 4. PROJECT PROPONENT: City of National City 5. GENERAL PLAN/ ZONING DESIGNATION: City-wide 6. PROJECT DESCRIPTION: The proposed project is an amendment to National City Land Use Code, specifically Section 18.142 Residential Density Bonus and Affordable Housing Incentives. The Statewide Density Bonus law (Government Code Section 65915-65918) is intended to encourage developers to build affordable housing by requiring local governments to provide incentives to do so. The law requires each city adopt an ordinance to specify how residential density bonuses and related development incentives shall be granted. As a result of past changes in state law, the current City Municipal Code section needs to be updated; therefore, the amendment is intended to bring the ordinance into compliance with the current version of Government Code Section 65915-65918. The proposed amendment would provide up to a 35% density bonus for projects with an affordable component, in order to bring the ordinance into conformance with State law. It would also add provisions for density bonus opportunities in projects with less than five units. 7. SURROUNDING LAND USES AND SETTING: Although the ordinance would primarily involve the creation of affordable units within multi -family zones, the requirements also apply to single- family development and multi -family development within certain commercial zones. 19 Initial Study - Page 2 of 15 8. OTHER AGENCIES WHOSE APPROVAL MAY BE REQUIRED (AND PERMITS NEEDED): N/A ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or is "Potentially Significant Unless Mitigated," as indicated by the checklist on the following pages. ❑ Aesthetics ❑ Agriculture ❑ Air Quality ❑ Biological Resources ❑ Cultural Resources ❑ Energy & Mineral Resources ❑ Geological Problems ❑ Hazards & Hazardous Materials ❑ I lydrology /Water Quality ❑ Land Use / Planning ❑ Noise ❑ Population / !lousing ❑ Public Services ❑ Recreation ❑ Transportation/Circulation ❑ Utilities & Service Systems ❑ Mandatory Findings of Significance DETERMINATION: (To be completed by the Lead Agency) On the basis of this Initial Evaluation: I find that the proposed project COULD NO'l' have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. 1 find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impact" or is "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effect that remains to be addressed. X CI CI Signature Date `1/17 /D-- Printed Name: Angela Reeder, AICP Title: Associate Planner 20 Initial Study - Page 3 of 15 EVALUATION OF ENVIRONMENTAL IMPACTS: 1. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to the project. A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards. 2. All answers must take account of the whole action involved. Answers should address off -site as well as on - site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence than an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. "Negative Declaration: Less than Significant w/ Mitigation Incorporated" applied where the incorporation of a mitigation measure has reduced an effect from "Potentially Significant Impact" to "Less then Significant Impact". The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. 5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). 6. bead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g. general plans, zoning ordinances). References to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7. Supporting Information Sources: A source list should he attached, and other sources used or individuals contacted should be cited in the discussion. 8. This in only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whichever format is selected. 9. The explanation of each issue should identify: a) The significance criteria or threshold, if any, used to evaluate each question; and h) The mitigation measure identified, if any, to reduce the impact to less than significance. 21 Initial Study - Page 4 of 15 ISSUES with Supporting Documentation & Sources 1. AESTHETICS - Would the project: a) I lave a substantial adverse effect on a scenic vista? (Sources: 1, 2,3,4) b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? (Sources: 1, 2, 3, 4) c) Substantially degrade the existing visual character or quality of the site and its surroundings? (Sources: 1, 2, 3, 4) d) Create a new source of substantial light or glare which would adversely affect day or nighttime Views in the area? (Sources: 1, 2, 3, 4) Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation Ll Ll C_l Projects subject to this ordinance would still follow the National City Municipal Code, Land Use Code, and Design Guidelines with regard to building design, aesthetics, and glare limitations. The Code and Design Guidelines address site design and include requirements for the aesthetic treatment of homes and accessory buildings. Also, affordable units that are built within market rate projects are required to have the same or similar exterior appearance as the market rate units and be consistent with the Land Use Code and Design Guidelines. Any discretionary project would be required to be reviewed under CEQA as appropriate. Thus, the amendment would avoid or result in less than significant aesthetic impacts with the implementation of the City's adopted design review policies. II. AGRICULTURE RESOURCES -- In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation & Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? (Sources: 1, 2, 3, 4) b) Conflict with existing zoning for agricultural use, or a 22 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation n n Li x Initial Study - Page 5 of 15 Williamson Act contract? (Sources: I, 2, 3, 4) c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? (Sources: 1, 2, 3, 4) The City of National City does not contain farmland or agricultural resources, nor any land zoned for agricultural use. As such, adopting this ordinance will have no impact on such lands or resources. III. AIR QUALITY Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? (Sources: I, 2, 3, 4) b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? (Sources: 1, 2, 3, 4) c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? (Sources: 1, 2, 3, 4) d) Expose sensitive receptors to substantial pollutant concentrations? (Sources: 1, 2, 3, 4) e) Create objectionable odors affecting a substantial number of people? (Sources: I, 2, 3, 4) Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation L.J Ll Li [1 x 1 The County of San Diego and National City are in attainment for all California Clean Air Act (CCAA) pollutants with the exception of ozone. Adopting this ordinance will not conflict with or obstruct the implementation of the San Diego County Regional Air Quality Strategy (RAQS) to manage air quality in our region. The ordinance will not directly result in the creation of additional units; however, greater densities will be permitted in certain cases. In those cases, densities will not exceed the total planned for in the General Plan. In addition, each project will also he required to undergo the appropriate CEQA review at the time of project approval. IV. BIOLOGICAL RESOURCES Would the project: a) Ilave a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation Li U L x 23 Initial Study - Page 6 of 15 policies, or regulations, or by the California Department of Fish and Game (CDBG) or U.S. Fish and Wildlife Service? (Sources: 1, 4) b) have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Game (CDFG) or US Fish and Wildlife Service? (Sources: 1, 4) c) have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? (Sources: 1, 4) d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? (Sources: I, 4) e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? (Sources: 1, 4) f) Conflict with the provisions of an adopted Ilabitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? (Sources: 1, 4) x [L C:l f-1 x The City of National City is considered an urbanized region, with little habitat area for special status or sensitive plants and animals. While there are sites in the City that may contain biological resources, the proposed ordinance does not permit a specific development, but rather allows for the potential of additional residential density in areas already designated in the General Plan for housing. As such, it will not result in increased impacts to such resources. In addition, all projects subject to the ordinance will also be required to follow the requirements of CEQA, including all appropriate reviews. V. CULTURAL RESOURCES Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? (Sources: 1, 4) b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to 15064.5? (Sources: 1, 4) c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? (Sources: 1, 4) d) Disturb any human remains, including those interred outside of formal cemeteries? (Sources: I, 4) 24 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation Li L 1 x L:! L x LJ [-� 11 U x Initial Study - Page 7 of 15 The proposed ordinance would not increase the developable areas within the City. There are no known sites or areas within the City with archaeological or paleontological resources. Although there are some sites identified in the C'ity's Historic Properties List, none are specifically identified for development under the ordinance. Also, each development under the ordinance would undergo CEQA review, as required under State law. VI. GEOLOGY & SOILS Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. (Sources: 1, 4) ii) Strong seismic ground shaking? (Sources: 1, 4) iii) Seismic -related ground failure, including liquefaction? (Sources: 1, 4) iv) Landslides? (Sources: 1, 4) b) Result in substantial soil erosion or the loss of topsoil? (Sources: 1, 4) c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? (Sources: 1, 4) d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? (Sources: 1, 4) e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers arc not available for the disposal of waste water? (Sources: 1, 4) Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation L [1 x L x The Rose Canyon Fault (a concealed fault) lies 2-3 kilometers to the north of the City. This ordinance will not expose people or property to geologic hazards such as earthquakes, landslides, or similar hazards to any extent greater than any existing ordinance for residential development would allow. The Flood Map identifies 100 year flood zones (Zones A, AE, and AO) within portions of the City adjacent to Paradise Creek and the Sweetwater River. These are areas include 100 year floods at various depths. However, the majority of the city is in Zone X, which is identified as a 500 year floodplain. The proposed ordinance does not permit a specific project, but rather updates the regulations when dealing with affordable projects. Also, all projects would be required to comply National City Code requirements as well as undergo the appropriate CEQA review. 25 Initial Study - Page 8 of 15 VII. HAZARDS & HAZARDOUS MATERIALS Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? (Sources: 1, 4) b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? (Sources: 1, 4) c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? (Sources: 1, 4) d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? (Sources: 1, 4) e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? (Sources: 1, 4) f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? (Sources: 1, 4) g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? (Sources: 1, 4) h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (Sources: 1, 4) Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation The proposed ordinance will not result in a release of hazardous materials or other hazardous conditions. It will also not result in exposure to wildfire risk. While there are sites within the City that are within '/ mile of a school or listed on the State Hazardous Waste and Substances Site list, this ordinance will not result in increased exposure to such hazards. All projects subject to the ordinances will follow the requirements of CEQA, including appropriate review. VIII. HYDROLOGY AND WATER QUALITY Would the project: Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation a) Violate any water quality standards or waste discharge requirements? (Sources: 1, 4) 26 Initial Study - Page 9 off 5 b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? (Sources: 1, 4) c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off site? (Sources: 1, 4) d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? (Sources: 1, 4) e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? (Sources: 1, 4) f) Otherwise substantially degrade water quality? (Sources: I, 4) g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? (Sources: 1, 4) h) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? (Sources: 1, 4) ) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? (Sources: 1, 4) j) Inundation by seiche, tsunami, or mudflow? (Sources: I , 4) [_1 [_I L' [ _I n "I'he ordinance would not prevent any projects from complying with Code requirements for drainage and surface runoff concerns. There are areas within the City that are within the 100 year floodplain, but these sites would be required to undergo the appropriate CEQA review before development that might be subject to this ordinance. The majority of the City is Zone X, which is identified as a 500 year floodplain. Construction of any and all units is required to meet applicable building codes for construction and seismic safety and for construction within flood hazard areas. IX. LAND USE & PLANNING Would the project: a) Physically divide an established community? (Sources: 1, 2, 3, 4) b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal 27 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation L.] [ 1 I I x x Initial Study - Page 10 of 15 program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? (Sources: 1, 2, 3, 4) The proposed ordinance would not physically divide an established community nor conflict with any established land use plans. The ordinance allows for residential development in any areas which already permit residential development. This ordinance is intended to implement goals of the General Plan and Housing Element for affordable housing, as well as codify existing State law. The proposed ordinance would encourage affordable housing construction projects as identified in the goals of the Housing Element, and would further the City's attainment of its Regional Housing Needs Analysis (RIINA) as identified by SANDAG. X. MINERAL RESOURCES Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? (Sources: 1, 4) b) Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? (Sources: 1, 4) Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation L.I LJ LJ x U Li I_.I x "I'he proposed ordinance will not cause an unavailability Toss of mineral resources, as no mineral resources are known to exist within the city. In addition, any development subject to the ordinance would he required to undergo the appropriate CEQA review before development. XI. NOISE Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? (Sources: 1, 2, 3, 4) b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? (Sources: 1, 2, 3, 4) c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? (Sources: 1, 4) d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? (Sources: 1, 2, 3, 4) e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project arca to excessive noise levels? (Sources: 1, 2, 3, 4) f) For a project within the vicinity of a private airstrip, would the project 28 Potentially Less Than Significant Significant w/ Impact Mitigation Incorporation Less Than No Significant Impact Impact Initial Study - Page 11 of 15 expose people residing or working in the project area to excessive noise levels? (Sources: 1, 2, 3, 4) L.I 1.1 I.1 x Adoption and implementation of the proposed ordinance would not expose people to noise levels in excess of established codes. Construction of any housing units would be required to meet applicable building codes to reduce noise levels and if within a noise contour of the city, the applicant would able required to prepare a noise analysis to ensure the residential unit(s) meet the City's Noise Ordinance (Title 12 of the Municipal Code). All projects would be subject to the National City Municipal Code and would undergo the appropriate environmental review prior to approval and the start of construction. In addition, there are no areas within the city that are within two miles of an airport. XII. POPULATION & HOUSING Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? (Sources: 1, 2, 3, 4) b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? (Sources: 1,2,3,4) c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? (Sources: 1, 2, 3, 4) Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation U U 1...1 x 1-I L_1 11 x Although the ordinance will offer density incentives for providing on -site affordable units under certain circumstances, it will not induce substantial population growth. "I'his ordinance amendment will be another tool for achieving the City's affordable housing goals as defined in the Housing Element (Housing Goals 3 and 4) and will not cause the displacement of existing housing. XIII. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? (Sources: 1, 4) Police protection? (Sources: 1, 4) 29 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation Initial Study - Page 12 of 15 Schools? (Sources: 1, 4) Parks? (Sources: 1, 4) Other public facilities? (Sources: 1, 4) n L x x [.i L x The City has projected a certain amount of build -out, including housing at both market and affordable rates. This ordinance will serve to meet those General Plan 2005-2010 Housing Element goals, not impact the City beyond its project build -out. Each project will also be subject to National City Municipal Code and any applicable state codes with regard to the payment of the development's fair share of impact fees. XIV. RECREATION a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? (Sources: 1, 2, 3, 4) b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? (Sources: 1,2,3,4) Potentially Less Than • Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation L The ordinance will not impact recreational facilities. Each development subject to the ordinance will also be subject to the National City Municipal Code regarding the provision of amenities where necessary for residents. Minor deviations in amenities will be permitted only when it is appropriate for the development, and this will not have a significant impact on recreational services. The city currently meets the amount of open space/parkland for each resident and the anticipated projected increase of residents would not be expected to exceed the General Plan ratio of 4 '/ acres of park and open space to 1,000 residents. XV. TRANSPORTATION/TRAFFIC Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? (Sources: 1, 2, 3, 4) b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? (Sources: 1, 2, 3, 4) c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? (Sources: 1, 2, 3, 4) 30 Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation L [1] x Initial Study - Page 13 of 15 d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (Sources: 1, 2, 3, 4) e) Result in inadequate emergency access? (Sources: 1, 2, 3, 4) f) Result in inadequate parking capacity? (Sources: 1, 2, 3, 4) g) Conflict with adopted policies plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? (Sources: 1, 2, 3, 4) 1] LI Li x 1.I 11 I.i x L El 1.1 x IJ Li L! x The ordinance will not effect circulation patterns or impede the City in meeting its level of service goals. The ordinance will not result in unanticipated development, but rather will put certain requirements upon expected development; i.e., development opportunities that have been identified in the land use and housing elements of the General Plan. In addition, development proposed subject to the ordinance would be subject to the National City Municipal Code and would undergo the appropriate environmental review prior to approval and construction. Since the City is considered built -out, generally development that occurs pursuant to this ordinance would be infill or redevelopment. Redevelopment would essentially replace existing structures with new residential development and would no substantially increase traffic or change traffic patterns. XVI. UTILITIES & SERVICE SYSTEMS Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? (Sources: 1, 4) h) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (Sources: 1, 4) c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? (Sources: 1, 4) d) Ilave sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? (Sources: 1, 4) e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? (Sources: 1, 4) f) 13e served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? (Sources: I, 4) Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation I] L Li x L L L x Li Li LI x Li L L1 x L L Li x 1.1 1.1 LJ x 31 Initial Study - Page 14 of 15 g) Comply with federal, state, and local statutes and regulations related to solid waste? (Sources: I, 4) L U L x The ordinance will not produce significant increases in demand for wastewater or stormwater infrastructure of facilities. Any projects subject to the ordinance will follow the appropriate CEQA review, including a review to determine adequate service availability of appropriate fees to accommodate such services. Project subject to the ordinance may have increased densities, as is permitted by the State; however, the potential amount of new units is within the amounts identified in the General Plan Housing Element. Potentially Less Than Less Than No XVII. MANDATORY FINDINGS of SIGNIFICANCE Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation a) Does the project have the potential to degrade the quality of the L 1i x environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? (Sources: 1, 4) b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? (Sources: 1, 4) c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? (Sources: 1, 4) LI x No significant impacts to the environment as a result of this project have been identified. Adopting or implementing this ordinance will not have an affect on animal or plant life, eliminate examples of California history, or have a substantial adverse effect on human beings, either directly or indirectly. Cumulative impacts of residential development, whether market rate or affordable, are considered in the City's General Plan and the City is prepared to accept the development anticipated. 32 Initial Study - Page 15 of 15 REFERENCE SOURCES: Reference # Document Title 1 National City General Plan 2 City of National City Municipal Code 3 City of National City Design Guidelines 4 Environmental Assessment Form for project 33 Available for Review at: National City Planning Division 1243 National City Boulevard National City, CA 91950 National City Planning Division National City Planning Division National City Planning Division City of National City, California COUNCIL AGENDA STATEMENT METING DATE September 2, 2008 AGENDA ITEM NO. 22 ITEM TITLE Notice of Decision — Planning Commission Approval of a Conditional Use Permit for the Expansion of an Existing Charter School on Church Property at 125 Palm Avenue (Applicant: Sandra Dominguez, Integrity Charter School) (Case File 2008-29 MI CUP-2003-11) PREPARED BY Martin R eder, 336-4310 DEPARTMENT Planning EXPLANATION Integrity Charter School is located at the National City Apostolic Assembly church at 125 Palm Avenue; a 1.27 acre property zoned Private Institutional -Planned Development (IP-PD). The lot is developed with a two-story, 16,000 square foot church building, and a 64 space parking lot. There are two driveways accessing the property from Palm Avenue. The applicant proposes to place a 640 square foot, modular classroom on the lot, adjacent to the two existing modular buildings. The new modular building would allow for the expansion of the kindergarten class and for the addition of a 7th grade classroom, increasing the maximum student population from 150 to 200 and the number of staff by two. All grades from kindergarten through 7th Grade will be offered. A Condition of Approval of the original CUP limited the number of students to 150. The applicant is also requesting to continue use of the two existing modular buildings, originally approved with a Temporary Use Permit for use until September 2006, when new classrooms were to be constructed. The project was not undertaken, however, and the school has since been actively seeking to relocate elsewhere in National City. Integrity Charter School is a public school and would be required to obtain all appropriate building permits from the Department of State Architects, which would also be the lead agency for environmental review. No significant traffic or circulation issues have been noted and all required parking would continue to be provided. Planning Commission held a hearing on August 18, 2008 and voted to approve the CUP based on required findings and subject to Conditions of Approval. Environmental Review x N/A Exempt Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION RCP Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION The Planning Commission approved the Conditional Use Permit. Ayes: Alvarado, Farias, Baca, DeLaPaz, Pruitt, Reynolds, Flores ATTACHMENTS ( Listed Below ) 1. Planning Commission Resolution No. 28-2008 2. Location Map Resolution No. 3. Site Photos 4. Reduced site plan, elevations, details A-200 (9/99) RESOLUTION NO. 28-2008 A RESOLUTION OF Ti IE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A MODIFICATION OF A CONDITIONAL USE PERMIT FOR THE EXPANSION OF AN EXISTING CHARTER SCHOOL, ON CHURCH PROPERTY AT 125 PALM AVENUE APPLICANT: SANDRA DOMINGIJEZ CASE FILE NO. 2008-29 Mi CUP-2003-1 1 WHEREAS, the Planning Commission of the City of National City considered a Modification of a Conditional Use Permit for the Expansion of an Existing Charter School on Church Property at 125 Palm Avenue at duly advertised public hearings held on August 18, 2008, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. 2008-29 MI CUP-2003-I I maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WIIEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on August 18, 2008, support the following findings: 1. That the site for the proposed modular buildings is adequate in sire and shape, since the structures will add approximately 1,528 square feet of classroom space on a two -acre property, and since the existing 64 space parking lot and multiple driveways provides enough parking, access and drop-off area for 200 students and staff. 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 development, since Palm Avenue, a collector street, currently accommodates the approximately 240 average daily trips (ADT) generated by the existing school and will be able to accommodate the 80 additional ADT expected from the school expansion. 3. That the proposed private school will not have an adverse effect upon adjacent or abutting properties, since the proposed project will not change the existing use, the abutting properties are Interstate 805 and the California National Guard facility, the nearest residential property is more than 80 feet away across a main street, and since the class start and finish times are staggered. 1 4. That the existing charter school, including before and after school programs, is deemed essential and desirable to the public convenience and welfare, since it will provide expanded educational opportunities for the of the youth of National City. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 1. This Conditional Use Permit authorizes the placement of two modular classrooms and a modular restroom building at 125 Palm Avenue. Except as required by Conditions of Approval, all plans submitted for permits associated with the project shall conforn with Exhibit A, Case File no. 2008-29 MI CUP-2003-I 1, dated 7/31/08. 2. All students are to be dropped off and picked up in the parking lot of the church/school property at 125 Palm Avenue. 3. A Landscape and irrigation plan shall be submitted, to the satisfaction of the Planning and Building Director, showing landscape screening of the modular units from Palm Avenue. Landscaping shall be installed within 60 days from the date of occupancy. 4. The Priority Project Applicability checklist for the National Pollutant Discharge Elimination System (NPDES) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP) approved Standard Urban Storm Water Mitigation Plan (SUSMP) documentation will be required prior to issuance of an applicable engineering permit. '['he SUSMP shall be prepared by a Registered Civil Engineer. 5. The Best Management Practices (I3MPs) 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. 6. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. 7. Project is to be designed, developed and constructed in compliance with the 2007 edition of the California Fire Code (CFC) and the 2007 edition of the National Fire Protection Association (NEPA) Standards as adopted by the City of National City. 8. Automatic smoke detection devices shall be installed. An automatic fire alarm system shall be provided in all school buildings. The alarm shall be monitored by a central monitoring company. The alarm shall be both automatic and manual per NFPA 72 2007 and the CFC 2007 editions. Alarm plans shall be submitted and reviewed by the National City Fire Department. 9. Access for the Fire Department shall be maintained at all times. At no time shall fire lanes, fire hydrants, fire protection systems, etc be obstructed. A minimum of 20 feet wide tire lane shall be maintained throughout the property. 10. A Fire Department inspection shall be required prior to occupancy. 2 1 1. 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. "ire applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional t.Jse Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 12. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.1 1 6.190 of the Municipal Code. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of August 18, 2008, by the tollowing vote: AYES: Alvarado, Farias, Baca, DeLaPaz, Pruitt, Reynolds, Flores NAYS: ABSENT: ABSTAIN: 3 • • • • • • \ SACee� • • 100 0 100 200 Feet PROJECT LOCATION LOCATION MAP 1 El Toyon Elementary OS ZONE BOUNDARY — — — 2008-29 M1 CUP-2003-11 Conditional Use Permit for the Expansion of an Existing Charter School with on Church Property at 125 Palm Avenue NATIONAL ClrY PLANNING DRN. DATE 8/6/08 INITIAL HEARING: 8/18/08 Site Photos -- 2008-29 MI C UP-2003-I1 — Integrity Charter School Expansion Existing Modular Buildings Existing Modular Classroom 5 Existing Modular Bathroom Building Location of Proposed Modular Classroom 6 • ,,clok, /AF.O.Nd e, 44.oil, / (l(1., ('..P. , .:4'. m.,...p -4, zea-ro., , • .f. ST, ......0. Aar . . ' 1. qrs., ' :r!. MP V.1,1 ./ --..T. 4--- _ i • ''/ / //4*-- ?------ . -"- \ , ' :•+-;1,.--,,..-„,..4 -.7"--;'4'..".K. ., •:7- .1.> .,..., ,•f/ ,.., , .44_ ..,....„ .,,,..., --...,.. - • 4:f / . • Ow n,r :r,eirth Chn,c• Sc1,0. cot AildrcsIr: 25 (.3.:* ArS' newriponn of Work: .osICI icrnpOran rcrahr,Caled ,rril“.a.• h., ding and add Thiy sherl :ornp!, w.th 1), Cr•dc. C07 Calforn.e Mechanic.: Code. 20,h? C.:iforr.ia FJCV.r.:31 Coda. and ail ..Plicab'h amendments as dcpred IhC Ciry of Natifna!C NATIONAL CITY PLANNING DEPT. EXHIBIT A CASE FILE NO. 2008-29 M 2003-1 I DATE: 7.31/2008 / • / Modular Building for Integriry Charier Schnei 25 Pah; Avenue Nannaa! City, CA Date SYMBOLS OE9GR'PTION r]•f I %�40 • O. rer• CO 1 ,n w•r.0 . o-•• 2, • 43, Rev S•J• RR R110..6P •R TAM KN.04,1.1 NAP 4r.S Rn.R 60 MN. fy P•A•x- .ffply.p MOM. t f-N..+O PCPY/.Nf rMr rM• •�•••••• F•1•.e WSP 0 "C Val AYwK P4rP Yw: NK.1•,GA•b.is i�.w oOCbw1 -Avg ARC-H TEC T J08 # 2273 , 2513 CLASS LEASING STOCKPILE #30 MODEL -26 RELOOA At3LE GL ;ZI- 30' X 32' ALTERATION TO EXISTING D.S.A. APPROVED STOCKPILE CLASSROOM FOR RELOCATION SERIAL R IN2S9.18261 30'.32' CLASSROOM CONVERT TO 20'02' CLASSROOM FOR INTEGRITY CHARTER SCHOOL NATIONAL CITY. CA SERIAL!!' 18 59- Ia2.6I •n]•L Po• 21401.20 ]f• �•11 21424-311 IWO I: I%26 -I62 BJ LDING DATA 60'x32 BLOC As••P, •20.6P •S• MAC, K APR.I30 NALi40 .33 OP MAGMA[ 4AL NB IS SELECTED TO A SA• SPACTOR+' ;OD 5.M DCN40N6TU-'0..0R EACN ..0.20• 4.0 •4C APPROVAL •4E PROLl0' ARGN't3CT 014 *<• 5T)Gn.+?A. 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' � SECTION © LANCING �C ' '2-.. `• 0 ze yl I � I I ! .I 1.r./..127, C2 w,^x GRos1. pr 2O e 2y':.. .,A% I _!r h0fa ..20 94AN9?0.9 099 Or LOM•I LAN03N0 af3:.69 NO 3A•12•OA3L9 *RA64'4069 Orr 0, .O.CR LA3D.A. 9%0990... '.20 . ex, .0- -0 Cx<•10 A MAXI... Or ,.,2 Y.LL RCOU'R< RLmO.,A• O• ' tX•Lv,,o. �� •'51. a xALI.!'.i U Ci5T4iG` PRCVIvEC _ANCING �j 1 °LATE 0 CORNER • SASE PLATE --1 MECHANICAL F:RE MARSk-'AL AGGE55 GOMD.I ' NGE STR;,'GTLRAL SAFETY 0 60 .2 O.A:ro 9 J..• •.., 0, ENC ELEVATION 2} ,23)'. •.r ���� .. R 2e •w • r ACJ.)STASL E LES S "� 2O. •C 2..e.o. c.:r•• !o) .<•••.• A.9.,• c •Cue. u....., O.... 9• •:...a.r ••.s ( SKIRT FLASHING ` J, C L..S.o3o 3z�0•e9i z-ff INC, .,oa. 2'3<'— x513 STKP-30 !RAMP AND S' A'S DETAILS t<2.0 5-•0 'i.- ii.• • .15 NOTES -- OC•. • ►.. r.. c'o Sox] r O - ccc *0, 4 e.. ,e OF a:ax: '2'.:76• *lb :Ci9-ei99 M .1.044.... 1'97• O O;;J 7.•.5: 5,:45...c.•..55. o e.-•'CRCD Roo• ee.w •gee ].95 i• OCR 1:57 tC•eR r0 Rn •R•wwe •L.4 0I••• e •.oc• c •yyeL 0 oV.'].. O �On ••[• BO^T' or rclyLDC EI veep OI : J r 1G..C.vCn:xe',`5.; O 7, 5 .•e„et . -_ _�7s.+rD O .. L: c.-.Cv - .. „ _ -.. a. ..v5t n, O ., .. •.e . [• _ -••O •.�Gv v. v Rt-�y - • 3•+ •&C.:..el.. . O :. _., Oy._•ee.r, ..T. Crr,...P .• .i• . OI •.•„ .cer vC.7Ct 0•.5'•..•--..... . .Cn6•C5r .5ER- -. y ek•f ! 4 • evC} • :- OC . sn••;• •,--••ro7 ' CL..S oe0 3z+o•091 i_Lt_. I -0• • 1.00•30R o• 3.•6 • RC••. GORE 5L4"4 covyeeney See "7.0 •ROv a-D 6o' 1 6.0 • ,:_e., -e-c -c�5.0•ys OrN6 1 5.O' ^• , III -{ ) 46. F�}a(\�\f • ntoy / `7 I I �l 0 "� ::- O5 1 �.ti- ,-- `.. 6® - -t .,� — OJ/ ,I I Y O •-e• eo' ,� -{ •' O �.. �4�AY VJ _ Dom)-(/�.�) V L./ SGA`E� ]/1•• ''4' ® o_�' A SE( -ION • ENEWALL • G \� LOGwTOM O, e•e•D w� S_CTION • 5,CE✓1ALL c0•✓•CCr;Ow De[ •%9.0 OPTIONAL ENCLOSED SORFIT PLAN Y • O D /i / .' •...... %1 __ 5,;eV <....ewR . I""L,-t411--- i 0NOT 1 I j I: �J no• G 7ne •.,• ... .« + ~ ',e V <M•.» f 11 O _11 �_ �, 1 ...,0.! 9�- Ov • 5 •CR _ - M er 1•-• Q. ], �+-� /"� a V l`/i 5C•Le. .....•C. O •cR ••K•OR r / .. \ ... • 7 5,a- - , 9CALe 5-• 1. NOR 9CC DC'•iL'::55;. cONCRCR ,c,o••;O•. xA.e• 5-•r � ec,.Lr.. 5 ••• COLUMN CCNN. 6 rLOOR 9C..LE• 5- ST'FFENER SECTION ® r'LOOR J S-IFFENER SE_CT:ON �/ 'LAN 0 ROCF OVE4+ANG O ENCLOSEV SOFFIT 5^_C-ION ]a -' O..r 0 11 \N_Y AAe - 1' .,D J <'wi.'04 �.^<.s.n..-w i'"_ - f •Law e,D (`J. K.%� �' \�I• " ` r� ... ��J JSCJ - 2 ` J ` ZT i f- /�\ SCALe.I .7' • ,-0. O 5ee 645o •OR r �•QD ..eLD'•a •'6 V •.. SCALE. 5'•1' / •y.•.e .•.• CO-U^''N ® F LOCR CO' -.:"IN CONN. 0 REAR O COLUMN CCNN. ®FLOOR O NO- USE" �JJI ENCLOSED SOFFiT SECTION REVISIONS ELECTRICAL MECHANICAL S- RAL ARC-IIT=CT I HIV SIC"+ CF -NE STA-E A NI-OC,: I .,. r.+OPTtc•. 1..c 3e50 e,RRe - • c •..: z173, Z5,1 R" ..• c STI<P- 30 •q•• .. av • r ^-1.°--..—..•�. -0I •Rr•- _ 1 lq it I V II D1 ce•'° 0.4- ~ n I F�cA I:G E EVa-1 ;`- A�� a'LS 0,.........e,,..e,,. SA•l°•'7.m� . . .. , , ,,,,i'..7.! .fegf.errso'..r:si " .s.. o.01 P.C., ... 2,1 NMI, 5 Li_ 5 1 1....,, . .....i 1'1;3 KEY NO --, 1 ?,91':!...91l . 6.0Craltr1t4 E 1°-'..Z.'!f.• ;.:L1..::.''..",r.',7.'4 ..,..... Vra• ex.....2 D se. set...4r . set •owou,see. I., w •ver • .w...o se. Z rt,D• mu. 3 • ,.. ,... ,r, •-•,... • ..,,,s Ti .i.•11.1,1 W.,. A9 'caw IT szs• o...•• ....., ..s..x..... 7, ."" .• vor ,,,,,,,,,, .1,1( IC4191 ro'" rinC 1C. .T.T1 a sq•C01.,r r..0.1,. •ws +we , es,. .... :es tee r,.., i 1: ,..'3 1 i I E— , i • . . . . ,, . > <r 1:_./, L....-1 ,-. 2,.. ZZ-..TO'Hr"rrrrn' ""' S II. 1 I ' D.-1- 1- eve, e TO • ,-,:, PEArr FOUNDATION SPLICE 9 TIE PLATE 5 FOUNDATION AT SIDE WALL 1 1 - ----•-•, s--i-r 11:,• j :! r.E.1\ 0 ' 4 - -,-.- i! --,-• • c. ___....E, , , - - ••• IT TI •• ' I ::: ---L---1.71: • • .=--T...F..1 -,.__IR6 1 i . T •-e .71 ' tr..VC! '''...; i -s- • . T T T. •-•-••• +—se-4 •.E.CEC 10 TIE PLATE ....• ,,,,, . 6 FOUNDATION AT END WALL 2 • ---.---.1' -\ , \ \ \ ti: ...f. i -- \ ,i4 i i.-.,2,-- •-.. T. tri:7-,-.7 • •"'' .. 1 va,-, . i • e,, 4... • I 1 I 7 -I,— — -- w--.-.1. r--..--.i--r.--=-----,_.-=---=2 ,.!. ...4, --i----2--- , : LElia-=',1i=.7,..1.,-,-[4,-,.=, I_L e--.,, • . ,-r-L11.-, ,r.T.44,,L1,-”,,,..--• .--,- I: f ----. ;..ru.,:iiyitr-,-,i_,,,-7.----r ADDITIONAL BLOCKING 7 FOUNDATION AT MODLINE 13 .. ,.......n......... i i ; 1 7 7 ,..___ . ....... r-f-- I L„..-1.-1-1, ,,.i2-111'J:ffii-IF-.,' ! .,-r-L1----L-rii•T_FTI,._=.. ' ; TI± '.. i. .ii-,- i,-I 1 , --ILD'-• .11Y,1-IT E14 -Tr- q,1•-T-.. •—L-,,-7., V. p..!.`:itaz,! '34 1 0 40 47,41 V'It10-ee LJ __, 313TIC,A. FOUNDATION AT ADJACENT BU1LD:NG 8 FOUNDATION AT MODLINE 4 • ••'./ ' . ,,,.-: - - .1.•:.' .4 . '1 • , ,..z.1.1-'' '') 4. /...10.24/ MODTECH INC. ,•eC,...1.5• NuseeCR 4391 .,,.. k,33,1•EC1.1 Ir. ,i9 • 28_0 BA,RE— As :NIA P7.P.7 5 7,i,C g25-2 ',:;1, %qj:•!i ;V:22,1: ,tuer er• *1 3910- 002 Is/ 01/23/01 .T. r...' w.t t.....es T. - i <•..1--....-.. / 1 s .), ! .--I J FT, -04 : — . . .. ... ._._ . ' 1 tc;-,-- _ ____ , • I 7.1 1 ...Me. nal,- F1 21 7:. ,,,. FOUNDATION DETAILS 40.e'80, 50 - 20 ‘€*3-'''4• City of National City, California COUNCIL AGENDA STATEMENT -MEETING DATE5 August 19, 2008 AGENDA ITEM NO. 23 ITEM TITLE City Council Approval of Proposed Rollout Plan to Webcast City Council Meetings PREPARED BY Leslie Deese, ACM DEPARTMENT (336-4240) Ron Williams, MIS Manager EXPLANATION Please see attached Staff Report. City Manager Environmental Review V N/A Financial Statement N/A Account No. STAFF RECOMMENDATION Staff recommends that the City Council approve the rollout plan to webcast City Council Meetings. While the goal is to ultimately provide users with instantaneous and live webcasts, it is recommend that we first provide "archived/on-demand" webcasts for an interim period of three months in order for staff to fully learn and manage the software, as well as measure the effectiveness of streaming BOARD / COMMISSION RECOMMENDATION content. ATTACHMENTS ( Listed Below) Resolution No. 1. Staff Report A-200 (9180) City Council Approval of Proposed Rollout Plan to Webcast City Council Meetings The purpose of this report is to request City Council approval of the proposed rollout plan to webcast City Council meetings. While the ultimate goal is to provide users with instantaneous and live webcasts, it is recommend that we first provide "archived/on-demand" webcasts for an interim period of three months in order for staff to fully learn and manage the software, as well as measure the effectiveness of streaming content. One of the objectives of National City's Five Year Strategic Plan is to utilize community re- sources by engaging, informing and empowering the community by improving communications and building programs that leverage the efforts of residents and businesses. The launch of the City's new interactive user-friendly website on September 16, 2008 is a step toward improving public access and public meeting efficiency as well as to enhance transparency in city govern- ment. National City recently contracted with Granicus, Inc. for software that will permit Internet users to access on -demand media and live broadcasts of City Council meetings. The software will allow staff to manage video and audio content of council meetings and allow users to search for specific footage and jump to specific events within the City's audio/video archive. Granicus also allows for a key word search based on all of the index points associated with the complete library of video archives related to the City. This functionality substantially increases the con- venience of access to and use of Council meeting archives. All public web pages are seam- lessly integrated into the website so the look and feel of the website remains consistent. The benefits of webcasting include: Maximize transparency and accountability with increased public outreach, institutional and legislative transparency into the democratic process. Keep the public actively informed with 24/7 access to webcasts of all City Council meetings and related information —recorded meetings and all relevant documents are fully indexed, key- word searchable, and cross -linked. Increase public engagement in government by sharing live and on -demand webcasts of City Council meetings, public service announcements, emergency response briefings or other public events in a manner that is convenient and accessible to them at anytime or anyplace. City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT --MEETING DATE September 2, 2008 AGENDA ITEM NO. 24 (TEM TITLE Warrant Register for the period of 08/01/08 through 08/14/08 in the amount of $2,839,267.50 PREPARED BY Rizza Dela Cuadra Accountant DEPARTMENT Finance Jeanette Ladrido EXPLANATION (619) 336-4331 The Finance Department has implemented a policy to provide explanation of all warrants above $50,000.00. Vendor Rick Engineering City of National City County of San Diego SD County Office of Education Southwestern Community College Various Owners \ See attached report. Check# Amount 18181 $99,785.57 18190 18192 18196 18197 $320,000.00 $930,097.00 $311, 538.00 $283,833.00 Explanation Professional Services —Bay Marina Gateway Lease payment for PD Bldg Pass-thru payment FY 07-08 Pass-thru payment FY 07-08 Pass-thru payment FY 07-08 various $667,082.81 S8 Housing Assistance Payments Environmental Review ✓ N/A Financial Statement Approved by: Je nette Ladrido, Finance Director Account No. N/A STAFF RECOMMENDATION Ratification of warrants in the amount of $2,839,267.50 BOARD ! COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. Ratification of Expenditures for the period 08/01/08 THROUGH 08/14/08 L A-200 (9/80) ee REDEVELOPMENT FUND BEST BEST & KRIEGER COSTAR REALTY INFORMATION, INC ICI JONES & STOKES KEYSER MARSTON ASSOCIATES, INC MAZZARELLA CAI DARELI.I NELI.ANS CARPET & BI.INDS RICK ENGINEERING COMPANY RORE SAN DIEGO CLIPPING SERVICE SAN DIEGO COUNTY OFFICE OF ED SAN DIEGO GAS & ELECTRIC SD COUNTY WATER AUTHORITY SOUTHWESTERN COMMUNITY COLLEGE UNION TRIBUNE WEST FLEX INDUSTRIAL CITY OF NATIONAL CITY CITY OF NATIONAL CITY COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO METROPOLITAN WATER DISTRICT NATIONAL SCHOOL. DISTRICT SAN DIE(.0 COUNTY OFFICE OF ED SOI)THWESTERN COMMUNITY COLLEGE SWEETWATER UNION IlIGIl SCH DIST SECTION 8 L,l1SING ASSISTANCE PAYMENTS 'IEALTIIWORKS MEDICAL GROUP .(OX CORPORATION FOR MEETING OF SEPTEMBER 2, 2008 WARRANT REGISTER FOR PERIOD: 08101 - 14/08 Description PROFESSIONAI. SERVICES - CYAC LITIGATION PROFESSIONAL SERVICES - REAL ESTATE. INFORMATION PROFESSIONAL SERVICES - WESTSIDE SPECIFIC PLAN EIR PROFESSIONAL SERVICES - PALM PLAZA PROFESSIONAL SERVICES - ARE 1101.DINGS KIMBALL IIOUSE - CARPET INSTALLATION PROFESSIONAL SERVICES - MARINA GATEWAY PROFESSIONAL. SERVICES - MARINA GATEWAY CLIPPING SERVICES FAX SHARING PAYMENT- IIARBOR DISTRICT REDEV PROJECT UTILITIES - 921 A STREET TAX SHARING PAYMENT- HARBOR DISTRICT REDEV PROJECT TAX SHARING PAYMENT- HARBOR DISTRICT REDEV PROJECT MOC LANDSCAPE DIST NO I COMMUNITY BENFIT LOAN PROGRAM LEASE PAYMENT FOR PD BI.DG TAX SHARING PAYMENT- HARBOR DISTRICT REDEV PROJECT PAYMENT OF PASS -THROUGH FY07-08 TAX SHARING PAYMENT- HARBOR DISTRICT REDEV PROJECT TAX SHARING PAYMENT- HARBOR DISTRICT REDEV PROJECT TAX SHARING PAYMENT- HARBOR DISTRICT REDEV PROJECT PAYMENT OF PASS -THROUGH FY07-08 PAYMENT OF PASS -THROUGH FY07-08 FAX SHARING PAYMENT- HARBOR DISTRICT REDEV PROJECT SUBTOTAL - REDEVELOPMENT MANUAL PAYMENTS MEDICAL EXAM - S8 EMPLOYEE EQUIPMENT RENTAL S8 SUBTOTAL - SECTION 8 Chk No Amount 18175 9,937.75 18176 730.00 18177 7,808.26 18178 2,596.89 18179 300.84 18180 1,498.24 18181 99,785.57 18182 29,742.50 18183 70.20 18184 3,599.00 18185 77.01 18186 729.00 18187 8,072.00 18188 809.60 18189 2,100.00 18190 320.00(1.00 18191 36,181.00 18192 930.097.00 18193 42,149.00 18194 797.00 18195 48,955.00 18196 311,538.)0 18197 283,833.00 18198 29,954.00 S 2,171,360.86 various $ 667.082.81 10476 5 199.60 10477 $ 624.23 $ 667,906.64 TOTAL OF ALL FUNDS: S 2,839,267.50 COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT National City, California MEETING DATE September 2, 2008 AGENDA ITEM NO. 25 ITEM TITLE RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY ADOPTING THE BUDGET FOR THE 2008-2009 FISCAL YEAR PREPARED BY Jeanette Ladr- : •A Finance Dire• Ij DEPARTMENT Finance X4331 EXPLANATION On June 17, 2008, the Community Development Commission of the City of National City considered the Preliminary Budget for the Fiscal Year 2008-2009 as presented and recommended by the Executive Director. The Executive Director was also directed by the Chairman and Commissioners to prepare a final budget for adoption which incorporates all budget modifications approved by the Finance Committee. State Law requires the budget be adopted before the start of the new fiscal year on July 1. Furthermore, copies of the adopted budget will be distributed to the Community Development Commission on September 2, 2008 and will available electronically on the City of National City's website. This action formally adopts the Final Budget for Fiscal Year 2008-2009. Environmental Review Financial Statement N/A Account NO STAFF RECOMMENDATION ADOPT the budget for FY 2008-2009 for the Community Development Commission of the City of National City. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS 1. Resolution 2. Exhibit A — Budget Analysis By Fund 3. Adopted FY 2008-2009 Budget Resolution No. A-200 (9/80) RESOLUTION NO. 2008 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY ADOPTING A BUDGET FOR THE FISCAL YEAR 2008-2009 WHEREAS, on September 2, 2008, the Executive Director of the Community Development Commission submitted a recommended budget for the 2008-2009 fiscal year, which has been discussed and deliberated in public session. NOW, THEREFORE, BE IT RESOLVED by the Community Development Commission of the City of National City that the budget for the fiscal year beginning July 1, 2008, with Community Development Commission expenditures totaling $26,723,900, is hereby approved, adopted, and appropriated. BE IT FURTHER RESOLVED that the fund appropriations set forth in the Projected Expenditures column of Exhibit "A" shall be the maximum expenditures authorized for those funds. The Executive Director is hereby authorized to make budgetary revisions within and between budget line items within a fund. BE IT FURTHER RESOLVED that the Executive Director is hereby authorized to transfer monies up to the maximum set forth in the Transfers column in Exhibit "A". BE IT FURTHER RESOLVED that the Community Development Commission of the City of National City does hereby authorize and approve the number and classification of employees in the respective functions, departments and/or activities as set forth in the fiscal year 2008-2009 budget. PASSED and ADOPTED this 2nd day of September, 2008. ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III City Attorney Ron Morrison, Chairman COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY BUDGET ANALYSIS BY FUND - ALL FUNDS, ADOPTED BUDGET FISCAL YEAR 2008-09 EXHIBIT A �;Trt pdt_�;i `y` is Est . 001 General Fund Undesignated Balance General Fund - Contingency Reserve 261 CDC Debt Service Fund 301 Grant - C.D.B G 502 Section 8 504 Home Improvement Loan 505 Home 511 Tax Increment Fund 522 Low & Moderate Income Housing 6,118, 515 9,000,000 12,182,310 (9,365,807) 5,363,731 2,647,873 j 1,092,595 (45,864) 840,570 (1,392,075)1 8,394,677 8,466, 017 89 5,000 - 2,393,292 ! 574,446 (49,900) 524,546 2,295,025 - 10,237,789 10,290,888 3,212,508 j 3,245,578 (776,218) 1,238,148 9,295,408 19,681 414_ 25,494,606 - 26,723,900 18,452,120 7,343,915 7,300,000 5,195,101 (1,598,236) 71,429 2,388,292 2,295,025 3,265,607 8,064,196 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE September 2, 2008 AGENDA ITEM NO. 26 ITEM TITLE RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APPROVING A LEASE AGREEMENT AND MEMORANDUM OF UNDERSTANDING BETWEEN SAN DIEGO ELECTRIC RAILWAY ASSOCIATION, INC. AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY FOR A TERM OF THREE YEARS ON AN APPROXIMATELY 1.1 ACRE PARCEL (559-040-03) KNOWN AS THE "HISTORIC DEPOT" LOCATED AT 922 W. 23RD STREET, NATIONAL CITY, CA, AND AUTHORIZING THE CHAIRMAN TO EXECUTE SAID AGREEMENT PREPARED BY DEPARTMENT Colby Young Redevelopment Project Manager (x4297) EXPLANATION San Diego Electric Railway Association, Inc. (SDERA) and the Community Development Commission of the City of National City (CDC) desire to enter into a Lease Agreement for the property at 922 W. 23`d Street, known as the Historic Depot (APN 559-040-03), to operate an electric railway history museum and perform historic railcar restoration. SDERA is a nonprofit public benefit corporation, organized under the Nonprofit Public Benefit Corporation Law for charitable purposes. The proposed Agreement would allow SDERA to continue offering educational tours and exhibits dedicated to the history of the San Diego region's railcar heritage. Environmental Review N/A Financial Statement N/A SEE BACKGROUND REPORT Approved By: Finance Director Account No.511-409-500-598- 3018-003018-0000-299 STAFF RECOMMENDATION Adopt resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Background Report 2. Proposed Agreement A-200 (9/99) BACKGROUND REPORT SDERA had a Maintenance and Operating Agreement for the Historic Depot on a year to year basis from August 1998 through March 2007 and a Lease Agreement from March 2007 to this day. SDERA desires a long-term lease to allow for additional grant opportunities and clearer long range planning. SDERA has been supportive and cooperative of the development of the Marina Gateway area and was instrumental in procuring a grant to restore the Depot building in 1998. SDERA has offered antique electric railway equipment for future use as public art in the Marina Gateway Area, if desired by City Council. The term of the proposed lease is three years. The term would begin upon the executed date of the Agreement. SDERA will be required to raise at least $25,000 in cash, or a greater amount, or such lesser amount as is approved by the CDC Executive Director. In addition, SDERA shall raise $75,000 of in kind contributions. Said $25,000 cash contribution and $75,000 in kind contribution shall be utilized by SDERA in its discretion to make capital improvements to the Depot site. Required capital improvements are to include landscaping, site amenities, display of restored antique trolley, and a contribution of $12,500 to CDC for construction of a new fence. All capital improvements are further described in the Schedule of Performance. Said lease does not include the second floor southwest corner office currently being leased to MRW Group by National City Community Development Commission (CDC). CDC shall maintain rights of ownership of second floor southwest corner office. The proposed Memorandum of Understanding will memorialize SDERA's obligations in connection with its operation of the railroad history museum. RESOLUTION NO. 2008 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE A LEASE AGREEMENT AND MEMORANDUM OF UNDERSTANDING WITH SAN DIEGO ELECTRIC RAILWAY ASSOCIATION, INC., FOR AN APPROXIMATELY 1.1 ACRE PARCEL (APN 559-040-03) TO OPERATE AN ELECTRIC RAILWAY HISTORY MUSEUM AT THE HISTORIC DEPOT FOR A TERM OF THREE YEARS WHEREAS, San Diego Electric Railway Association, Inc. ("SDERA") and the Community Development Commission of the City of National City ("CDC") desire to enter into a Lease Agreement and Memorandum of Understanding for an approximately 1.1 acre parcel (APN 559-040-03) located at 922 West 23rd Street, commonly known as the Historic Depot, to operate an electric railway history museum, and perform historic railcar restoration; and WHEREAS, SDERA is a non-profit public benefit corporation, organized under the Nonprofit Public Benefit Corporation Law for charitable purposes; and WHEREAS, the lease proposes to allow SDERA to continue offering educational tours and exhibits dedicated to the history of the San Diego region's railcar heritage for a term of three years; and WHEREAS, the Memorandum of Understanding memorializes certain obligations SDERA has committed to in connection with its operation of the railroad history museum. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby authorizes the Chairman to execute a Lease Agreement and Memorandum of Understanding with San Diego Electric Railway Associations, Inc., for a term of three years on an approximately 1.1 acre parcel (APN 559-040-03) located at 922 West 23rd Street, commonly known as the Historic Depot to operate an electric railway history museum, and perform historic railcar restoration. Said Lease Agreement and Memorandum of Understanding are on file in the office of the City Clerk. PASSED and ADOPTED this 2nd day of September, 2008. Ron Morrison, Chairman ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, III City Attorney Attachment 2 LEASE AGREEMENT 13Y :ANI) BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND THE SAN DIEGO ELECTRIC RAILWAY ASSOCIATION, INC. This Lease Agreement is made and entered into this 2nd day of September, 2008, by and between the Community Development Commission of the City of National City, a community development commission, hereinafter designated as "Lessor" or "CDC', and the San Diego Electric Railway Association. Inc., a non-profit corporation, hereinafter designated as "Lessee". RECFFAI.S A. Lessee desires to lease a portion of the depot building known as the National City Depot (NCD), together with the land surrounding the depot building, for the conduct of a rail history museum, including exhibits and programs of general public interest on behalf of the CDC. Said depot building is hereinafter referred to as the "National City Depot" or the "NCD". The NCD and surrounding land together are hereinafter referred to as the "Premises". B. It is in the best interests of Lessor, on behalf of the people of National City, to enter into a Lease Agreement with San Diego Electric Railway Association, Inc. for the use of the Premises as a rail history museum. Activities include the promotion and conduct of programs of community interest relative to the historic role of railroad activities, including electric rail and streetcars, and education of the public concerning the role such activities played in the development of the City and region. This Lease Agreement specifically delegates the operation, maintenance, and management of the subject Premises. hn exchange for these services, San Diego Electric Railway Association, Inc. will pay no rent to Lessor. NOW, THEREFORE, the parties hereto agree as follows: I . PREMISES: S: Excluding the area that is currently subject to Lessor's lease with MRW Group, Inc., the Premises consist of the approximate 1.1-acre parcel that includes the 5,000 square foot depot building (museum) and surrounding land, (paved parking lot) legally described in Exhibit "A". Lessee hereby acknowledges that Lessor will he leasing the upstairs southwest corner office and four (4) undesignated parking spaces within the parking lot directly to MRW, Inc. to facilitate the development of a hotel at Manna Gateway, and therefore those areas are excluded from this Lease Agreement, and the use of these facilities by Lessee is excluded. The anticipated office rental income, not to exceed $300, received from MRW, Inc. shall be set -aside by Lessor and forwarded to Lessee who is to use it exclusively for repairs and maintenance and/or general restoration of the Premises. lessee shall cooperate and coordinate with MRW, Inc. concerning security and other comrnon issues which may arise as a result of residing within the National City Depot. As the owner of the NCD, all rights and obligations shall remain with Lessor. At such time as Lessor's lease with MRW, Inc. is no longer in effect, Lessor shall retain all rights of ownership and possession of the area formerly leased to MRW, Inc. If a fence is installed that prevents MRW from using their parking immediately south of the Depot, SDERA shall reserve to MRW Group, Inc., four parking spaces perpendicular to a fence (that is parallel to 23 Street) that separates the south side of the parking lot from the Depot_ In addition, SDERA shall make 17 other spaces available on the Leased Premises, if from time to time, there is a need for overflow parking. If MRW's parking is restricted by means other than a fence as described above, SDERA and the Lessor shall work in good faith with MRW to achieve a result prescribed by the spirit of the language above.. 2. CONSIDERATION: Lessor and Lessee agree that the consideration for this Lease Agreement is the mutual benefit to he derived from Lessees use and maintenance of a rail history museum on the Premises. As and for additional consideration that will inure to the benefit of Lessor, Lessee agrees that at all times that this Lease Agreement is in effect, Lessee shall remain in compliance with the provisions of the Memorandum of Understanding ("MOU"), entered into between Lessor and Lessee concurrently with this Lease Agreement. Said MOU is attached hereto as Exhibit "B", and incorporated herein by reference. 3. "PERM: The tern of this Lease Agreement is for a three (3) year period, from September 2, 2008 through September 1, 2011. Provided that Lessee is in compliance with the provisions of this Lease Agreement and of the MOU, as currently drafted or as may be mutually revised in the future, Lessor and Lessee may mutually agree to renew this Lease Agreement upon expiration of the three (3) year term for up to four (4) additional three (3) year terms. If at the end of the three (3) year tern, either party desires to renew the Lease Agreement, then that party shall give the other party written notice at least ninety (90) days prior to the end of the tern. 4. LEGAL STATUS OF LESSEE: Lessee is a legal non-profit corporation, incorporated under the laws of the State of California whose articles of incorporation and bylaws are attached hereto as Exhibit "C". 5. OPERATION OF NCI): a. Schedule of Museum: Public operations of the NCD shall be scheduled at a minimum for Saturday and Sunday of each week. b. Other Users: Lessee shall prepare and submit for approval by Lessor's Executive Director any agreements between the Lessee and other organizations that desire to establish operations and/or exhibits and displays on the grounds, including any sub -leases by Lessee of the Premises. Any such agreements or sub -leases shall be subject to final approval by Lessor's Executive Director. All such uses, whether granted by Lessee pursuant to agreement or sub -lease, must be uses compatible with the NCD. No commercial businesses shall he allowed at any time. c. Lessor Use: Upon sixty (60) days' prior notice to Lessee, Lessor or its designee may use, without rental fee, the NCD for gatherings for a maximum of 18 times during any three (3) year term, and shall assume responsibility for costs and damages and other requirements for such gatherings that may be made necessary by that activity. It is the desire of Lessor not to cause any overuse of the NCD or interference with Lessee's operations. Lessor shall be responsible for organization, set-up, and clean-up following events held by Lessor on the Premises. d. Public Access: It is understood and agreed between Lessor and Lessee that the NCD, having two (2) stories to its structure, shall be occupied and used in such a manner in which the general public has access to the bottom floor, and not to the second floor. To this end, and due to the status of the NCD as a museum, all Page 2 2008 NC Depot Lease Agreement public -oriented activities, displays, and exhibits shall be contained on the bottom floor or outside the NCD on its grounds. e. Responsibility for Exhibits: Lessee shall he responsible for any damage to or loss of exhibits, whether its own or belonging to others. Lessor shall not he responsible for any damage or loss of exhibits, except in the case of facility use by Lessor, or Lessor's agents, contractors, or sub -lessees who are not parties to this Lease Agreement. 6. IMPROVEMENTS: Any permanent improvements to the building and/or grounds of the Premises shall require the advance written approval of Lessor, and shall become the Property of Lessor. Any improvements and the operation thereof shall conform to all requirements of the laws of the State of California and the ordinances of the City of National City. Lessor reserves the right during the term of this Lease Agreement or any extension thereof to make traffic, parking, infrastructure, and like improvements on or in the vicinity of the Premises, without first obtaining the permission of Lessee, provided that such activities will not cause undue interference with Lessee's operations. 7. MAINTENANCE: Lessee shall provide all basic repair and maintenance to the Premises, including, but not limited to, deck sealing, replacing broken windows, and sealing exterior doors and windows so that no moisture enters the Premises, but excluding roof repairs. This includes custodial cleaning services, periodic removal of weeds and sweeping of pavement at a minimum of one time per month. Bathroom facilities are to be maintained in clean manner providing basic supplies such as tissue, paper towels, and hand soap. The Premises at all times should look well maintained. Lessee shall be responsible for organization, set up, and cleanup following events held on the Premises. Lessee's maintenance obligations shall include the outdoor portion of the Premises, including any fence surrounding the Premises. UTILITIES: The utility costs for the Premises, including gas, electric, water, telephone, security, fire alarm, trash, and sewer, shall be the sole responsibility of i.essee. 9. INSURANCE: Lessee, at its sole cost and expense, shall purchase and maintain throughout the term of this Lease Agreement, the following insurance policies: a. Commercial general liability insurance, with minimum limits of $2,000,000 per occurrence, covering all bodily injury and Property damage arising out of its operations under this Lease Agreement. b. Workers' Compensation insurance meeting applicable statutory requirements for all employees covered by California law. c. The previously mentioned policies shall constitute primary insurance as to Lessor, its officers, employees, and volunteers, so that any other policies held by Lessor shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days' prior written notice to Lessor of cancellation or material change. d. Said policies, except for the workers' compensation policies, shall name Lessor, the City of National City, and their officers, agents and employees as additional insureds, pursuant to separate additional insured endorsements. Page 3 200S N(' Depot Lease Agreement e. This Lease Agcement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with. and approved by the City of National City's Risk Manager. If Lessee does not keep all such insurance policies in full force and effect at all times during the terms of this Lease Agreement, Lessor may elect to treat the failure to maintain the requisite insurance as a breach of this Lease Agreement and terminate the Lease Agreement as provided herein. f. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, Lessee shall maintain such insurance coverage for three (3) years after expiration of the term (and any extensions) of this Lease Agreement. g. Lessor shall keep the buildings, improvements, and personal property owned by Lessor and located on the premises insured against loss or damage by fire in the amount of not less than ninety (90) percent of replacement value. This insurance does not cover personal property owned by Lessee. h. Insurance provisions of this Lease Agreement may be reviewed by Lessor every year, and before any renewal of the Lease Agreement, and the required coverages increased as deemed necessary by Lessor. J. All insurance shall be provided by insurers licensed to do business by the State of California and rated A, VII or better by A.M. Best Company, or as otherwise approved by Lessor's Risk Manager. Coverage may be written by surplus lines carriers provided they are included in the current California List of Eligible Surplus Lines carriers ("LESLI" list") and othenvise meet rating requirements. Deductibles or self -insured retentions in excess of ten thousand dollars ($10,000) must be disclosed to and approved by Lessor's Risk Manager. k. Lessee shall require that each and every one of its contractors and their subcontractors who perform work on the Premises on behalf of Lessee to carry in full force and effect, workers' compensation, commercial general liability, and automobile liability insurance coverages of the type which Lessee is required to obtain under the terms of this Paragraph 9 with appropriate limits of insurance. 10. HOLD HARMLESS: Lessee hereby agrees to indemnify, defend, and hold harmless Lessor, the City of National City, and their officials, agents, and employees from all liability, Toss, costs, claims, demands, lawsuits, and defense costs (collectively "Liabilities") arising out of Lessee's failure to observe or comply with any laws in any material respect or the negligence or willful misconduct of Lessee in or about the Premises or any portion thereof. Lessor agrees to indemnify, defend, and hold harmless Lessee and its officials, agents, and employees from all Liabilities arising from Lessor's failure to observe or comply with any laws in any material respect or the negligence or willful misconduct of Lessor in or about the Premises or any portion thereof. INSPECTION: Lessor, by and through its designated employees, shall have the right to enter the Premises upon 36 hours' notice for the purpose of viewing and ascertaining the conditions of same, and the operation and maintenance thereof Page 4 2008 NC Depot Lease Agreement 12. TERMINATIION: Notwithstanding the provisions of Section 3, this Lease Agreement may be terminated by Lessor or Lessee upon one hundred eighty (180) days' written notice to the other party. In the event of termination by I.essor, Lessor shall reimburse Lessee the Fair Market Value of all improvements installed by Lessee on the Premises, as determined by an independent qualified appraiser retained by Lessor. Notwithstanding anything to the contrary herein, Lessor may not exercise its option to terminate as set forth in this Section 12 during the initial Term, and may only exercise its option to terminate the Lease no sooner than the first day of the initial extended term of this Lease Agreement, if any. 13. LESSOR REMEDIES. UPON A LESSEE DEFAULT. If Lessee is in Default and has failed to cure 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 I.essor 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 1.ease, and/or pursue any other remedy now or hereafter available under the laws or judicial decisions of the State of California. 14. REMOVAL OF PROPERTY: At the termination or expiration of this Lease Agreement or any renewal thereof, Lessee shall, within thirty (30) days of written request by Lessor, remove any and all personal property not owned by Lessor, placed or erected on the Premises during the term thereof, or any renewal 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 Premises longer than ninety (90) days after termination of this Lease Agreement. 'The Premises shall he left by lessee in a clean, neat, and safe condition, and the exclusive possession and use of the Premises shall revert to Lessor. 15. NON DISCRIMINATION: Lessee agrees that there shall he 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 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 Premises. 16. WAIVER: The failure or omission of Lessor to terminate this Lease Agreement 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 Agreement thereafter, either for such or for any subsequent violation of any such term, condition, or covenant. 17. SiGNS: lessee agrees that no sign, banner, advertisement, or notices, whether permanent or temporary, shall be inscribed, painted, or affixed on or to any part or portion of the outside of the Premises except to be of such type, color, size, and style, and in such place as may be approved by Lessor. Page 5 2008 NC Depot t.casc Agreement 18. TAXES: Lessee recognizes and understands that this Lease Agreement may create a possessory interest in the Premises subject to property taxation, and that Lessee may be subject to the payment of property taxes levied on such interest. Lessee further agrees to pay any and all property taxes, if any, assessed against the Premises leased by Lessee during the tern of this Lease Agreement pursuant to Sections 107 and 107.1 of the Revenue and Taxation Code against Lessee's possessory interest in the Premises. Lessee shall not be responsible for taxes assessed against other leasehold interest in the NCI) and surrounding land. 19. PROHll31TED ACTIVITIES OF LESSEE: It is specifically prohibited for Lessee to sponsor, engage in or permit any of the following activities upon the premises: a. Arcades or carnival type attractions or rides without a valid Temporary Use Permit (TUP) issued by the City of National City. b. Consumption of alcoholic beverages, unless prior written approval of Lessor and the State Department of Alcoholic Beverage Control is first obtained. 19. NOTICES: Notices pursuant to this Lease Agreement shall he by personal delivery or by deposit in the United States Postal Service, first-class, postage -prepaid and addressed as follows: LESSEE: President San Diego Electric Railway Association, Inc. Post Office Box 89068 San Diego, CA 92138-9068 LESSOR: Executive Director Community Development Commission of the City of National City 1243 National City Boulevard National City, CA 91950-4301 20. COMPLIANCE WITH ALL LAWS AND ORDINANCES: Lessee shall comply at all times with all provisions of State and federal laws, all CDC rules and regulations, and the ordinances of the City of National City. 21. VALIDITY: The invalidity in whole or part, of any provisions of this lease Agreement shall not affect the validity of any other provisions hereof. 22. COMPLETE AGREEMENT: This Lease Agreement contains the complete and entire Agreement between the parties, and supersedes any previous communications, representations, or agreements, whether verbal or written, with respect to this subject matter. No change, addition, or modification of any of the terms or conditions of this Lease Agreement shall be valid or binding on the parties, unless in writing and signed by the parties. 23. ASSIGNMENT: Lessee shall not assign or transfer this Lease Agreement, or any part thereof, without the written consent of I.essor. Page 6 2008 NC Depot Lease Agreement 24. WAIVER OF RELOCATION ASSISTANCE: In consideration for the execution of this Lease Agreement by lessor, Lessee hereby waives any claim for relocation assistance benefits to which it may otherwise he entitled under federal, State, or local law or regulations, upon vacation of the Premises. 25. 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 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 Lease Agreement; (iv) each party and such party's counsel and advisors have reviewed Lease this Agreement; (v) each party has agreed to enter into this Lease 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 Lease Agreement, or any portions hereof, or any amendments hereto. 26. NO AGENCY: Nothing in this Lease Agreement shall cause or imply any agency relationship or duty between I.essor and I.essee. 27. COUNTERPARTS: This Lease Agreement may be signed in counterparts. 28. RECORDATION: [his lease Agreement may be recorded. IN WITNESS WHEREOF, the parties hereto have caused this I.ease Agreement to be executed by their duly authorized officers or representatives as of the day and year first above written. COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY (LESSOR) Ron Morrison Chairman APPROVED AS TO FORM: George H. Eiser, III I.egal Counsel Page 7 SAN DIEGO ELECTRIC RAILWAY ASSOCIATION, INC. (LESSEE) (Signatures of two corporate officers required.) By: Print _410 M)_/Q f�-Qi9-2� Title: I�i�Sfe��21� By: T.(j//2 ;2 j�'� Print: Wif kl r & f_. 4 R Title: 2008 N(' Depot Lease Agreement CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of SCk 1 an O On j -1,61 -Og before me, �� , ICIC.E >e+rs, OokCer ����, (Here insert name and title of th officer) personally appeared - Dad ► Ci lam` who proved to me on the basis of satisfactory evidence to be the person whose name�•��:re subscribed to the within instrument and acknowledged to me thatashe/they executed the same i •' er/their authorized capacity), and that b er/their signature, on the instrument the person, or the entity upon behalf of which the personnacted, 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. Gl-d{ Signature of Notary Public (Notary Seal) VICtl Q cLwcE ROGERs COMM. S1768471 Mabry PubSoCallomis &AN DIEOO COUNTY C 17, AD11 ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if n document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary. in California (i.e. certi ing the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. DESCRIPTION OF THE ATTACHED DOCUMENT Lease (Title or description o attached document) (Title or description of attached document continued) Number of Pages Document Date - t q -O (Additional information) CAPACITY CLAIMED BY THE SIGNER LI Individual (s) LI Corporate Officer (Title) [1 Partner(s) L.l Attomey-in-Fact C! Trustee(s) L i Other • • State and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the names) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she/they- is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. • Indicate title or type of attached document, number of pages and date. • Indicate the capacity claimed by the signer. if the claimed capacity is a corporate officer, indicate the title (i.e. CEO. CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA c 12.10.07 800-873-9865 www.NotaryClasses.com CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of ern -Dl el 0 On— - op� before me, l(�'i 1 'GC �OderS, (Here insert name and t e of the officer) da4-er G. Ge -er-- y personally appeared who proved to me on the basis of satisfactory evidence to be the person 4 vhose nam e subscribed to the within instrument and acknowledged to me thahe/they executed the same er/their authorized capacity(), and that b his er/their signatureit) on the instrument the persons .), or the entity upon behalf of which the person{ 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. °(--6z- nature of Notary Public �.J (Notary Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in Colifornla must contain verbiage exactly as appears above in the notary section or a separate acknowledgment form must be properly completed and attached to that document. The only exception is if a document is to be recorded outside of California. In such instances, any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something that is illegal for a notary in California (i.e. ceri Eying the authorized capacity of the signer). Please check the document carefully for proper notarial wording and attach this form if required. DESCRIPTION OF THE ATTACHED DOCUMENT _-e2vr1 (Title or description of ched document) (Title or description of attached document continued) Number of Pages % Document Date_ 8_1Q-0 (Additional information) fa CAPACITY CLAIMED BY THE SIGNER Individual (s) L 1 Corporate Officer n f1 n (Title) Partner(s) Attorney -in -Fact Trustee(s) Other • Stale and County information must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be the same date the acknowledgment is completed. • The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title (notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. • Indicate the correct singular or plural forms by crossing off incorrect forms (i.e. he/she'tttey— is /are ) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re -seal if a sufficient area permits, otherwise complete a different acknowledgment form. • Signature of the notary public must match the signature on file with the office of the county clerk. • Additional information is not required but could help to ensure this acknowledgment is not misused or attached to a different document. • Indicate title or type of attached document, number of pages and date. • Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, indicate the title (i.e. CEO. CFO, Secretary). • Securely attach this document to the signed document 2008 Version CAPA v12.10.07 800-873-9865 www.Notary('lasses.com Exhibit A •ORDER NO. 995620--18 LEGAL DESCRIPTION THE LAND REFERRED TO THEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, AND IS DESCRIBED AS FOLLOWS: PARCEL 2 OF PARCEL MAP NO. 7651, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, BEING A DIVISION OF A PORTION OF BLOCKS 297, 298, 299, 300 AND 301 AND VACATED PORTIONS OF HARRISON AVENUE (FORMERLY NINTH AVENUE) AND 20TH, 21ST, 22ND AND 23RD STREETS LYING BETWEEN SAID BLOCKS OF THE RAILROAD LANDS OF NATIONAL CITY, AS SHOWN ON MAP OF NATIONAL CITY ACCORDING TO MAP THEREOF NO. 348 FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, OCI'OBER 2, 1882. EXCEPTING THEREFROM MINERALS CONTAINED IN THE ABOVE DESCRIBED LAND, INCLUDING WITHOUT LIMITING THE GENERALITY THEREOF, OIL, .GAS AND OTHER HYDROCARBON SUBSTANCES AS WELL AS METALLIC OR OTHER SOLID MINERALS, PROVIDED THAT SANTA FE SHALL NOT HAVE THE RIGHT OF GO UPON OR USE THE SURFACE . OF SAID LAND, OR ANY PART THEREOF, FOR . THE POSE OF DRILLING FOR, MINING, OR OTHERWISE REMOVING, ANY -`OF SAID. MINERALS, AS RESERVED BY THE ATCHISON TOPEKA AND SANTA FE RAILWAY COMPANY, RECORDED AUGUST 8, 1978 AS FILE NO. 78-333826 OF OFFICIAL RECORDS. SANTA FE MAY, HOWEVER, AND HEREBY RESERVES THE RIGHT TO REMOVE ANY OF SAID MINERAIS FROM SAID LAND $Y MEANS OF WELLS, SHAFTS, TUNNELS, OR _ \ OTHER MEANS OF ACCESS TO SAID MINERALS WHICH MAY BE CONSTRUCTED, DRILLED OR DUG FROM OTHER LAND, PROVIDED TI;.AT THE EXERCISE OF SUCH RIGHTS BY SANTA FE SHALL IN NO WAY INTERFERE WITH OR IMPAIR THE USE OF THE SURFACE OF THE LAND HEREBY CONVEYED OR OF ANY IMPROVEMENTS THEREON. ALSO: EXCEPTING THEREFROM ALL OIL, GAS AND OTHER HYDROCARBON AND MINERAL SUBSTANCES CONTAINED IN THE ABOVE -DESCRIBED LAND, AS RESERVED ay: SANTA FE LAND IMPROVEMENT COMPANY, A CALIFORNIA CORPORATION, RECORDED AUGUST 8, 1978 AS FILE NO. 78-333827 OF OFFICIAL RECORDS PROVIDED THAT GRANTOR, ITS SUCCESSORS AND ASSIGNS, SHALL NOT HAVE THE RIGHT TO GO UPON THE SURFACE OF SAID LAND FOR THE PURPOSE OF EXTRACTING SAID OIL, GAS OR OTHER HYDROCARBON AND MINERAL SUBSTANCES, NOR FOR ANY PURPOSE IN CONNECTION THEREWITH, BUT SIHAI•L HAVE THE RIGHT TO EXTRACT AND REMOVE SAID OIL, GAS AND OTHER HYDROCARBON AND MINERAL SUBSTANCES BY MEANS OF SI:ANT-DRILLED? WELIS LOCATED ON ADJACENT CR NEARBY LAND, OR i3Y ANY OTHER MEANS WWHICH SHr_LL. NOT REQUIRE ENTRY UPON THE SURFACE OF SAID LAND_ Exhibit "B" MEMORANDUM OF UNDERSTANDING BY AND BETWEEN TIIE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND THE SAN DIEGO ELECTRIC RAILWAY ASSOCIATION, INC. This Memorandum of Understanding ("MOU") is made and entered into this 2nd day of September, 2008, by and between the Community Development Commission of the City of National City, a community development commission, hereinafter designated as "CDC", and the San Diego Electric Railway Association, Inc., a non-profit corporation, hereinafter designated as "SDERA". RECITALS A. The CDC and the SDERA have, concurrently with entering into this MOU, entered into a Lease Agreement wherein SDERA is leasing from the CDC a portion of the depot building, commonly known as the National City Depot (the "NCD"), together with the land surrounding the depot building. The NCI) and surrounding land are referenced to in the Lease Agreement and in this MOU as the "Premises". Said Lease Agreement is for the purpose of allowing SDERA to operate a railroad history museum in the Premises. B. As consideration inuring to the benefit of the CDC for the lease of the NCD, SDERA has agreed to comply with certain obligations in connection with its operation of the railroad history museum. It is the purpose of this MOU to memorialize said obligations, and to establish a schedule of performance for SDERA's performance of said obligations. NOW, THEREFORE, the parties hereto agree as follows: 1. Contribution. SDERA shall, during the term of the Lease Agreement, demonstrate to the CDC the investment of $25,000 in cash, or a greater amount, or such lesser amount as is approved by the CDC (the "cash contribution"), and in -kind contributions having a value of at least $75,000. During the tens of the Lease Agreement, SDERA must demonstrate to the satisfaction of the CDC the distribution of said contributions as follows: a) The $25,000 cash contribution shall he utilized by SDERA in its discretion to: i) fund exhibits and programs benefiting the public, but excluding utility costs such as, but not limited to, gas, electric, water, telephone, sewer and trash, and also excluding costs for custodial care and the security and fire alarm; provided, however, that no later than September 2, 2009, at least $12,500 in cash raised during the three (3) year term of the Lease Agreement shall be paid to CDC to fund construction of the fence surrounding the premises, which construction shall be accomplished by CDC, and which at a minimum will run along the property line on Bay Marina Drive and Harrison Avenue. If the fence is not constructed during the three (3) year term of the Lease Agreement, then said $12,500 may be used by SDERA in its discretion to fund the acquisition, restoration, and maintenance of its exhibits, to be placed on the Premises or on some other location within National City. ii) make capital improvements to the Premises, as more specifically described in the Schedule of Performance b) The in -kind contributions with a value of $75,000 or greater shall include volunteer activities valued at prevailing market wages, salaries, and fees, such as preparation and presentation of educational programs; restoration, installation, and maintenance of exhibits, museum spaces, and Premises; acquisition, installation and maintenance of landscaping and public amenities on the Premises; administration of the organization and its programs, website, newsletter, archives, fundraising, bookkeeping, etc. In -kind contributions will also include materials and services donated by individuals, businesses, and organizations. 2. Schedule of Performance. A Schedule of Performance for the completion of improvements by SDERA is attached hereto as Attachment 1, and is incorporated herein by reference. 3. Target Date for Improvements: The deadline for completion of all improvements by SDERA shall be no later than the end of the term of the Lease Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding on the date and year first above written. COMMUNITY DEVELOPMENT COMMISSION SAN DIEGO ELECTRIC RAILWAY OF THE CITY OF NATIONAL CITY ASSOCIATION, INC. (Lessor) (Lessee) (Signatures of two corporate officers required.) Ron Morrison Chairman APPROVED AS TO FORM: George H. Eiser, 111 Legal Counsel Name: VA (, 7 By: Name: Title: 2 By:l�u Title: VI r( S I p >% P NC Depot R1OU - 2008 Attachment 1 Schedule of Performance Improvement Upon completion of fence by CDC, SDERA will contribute $12,500 to CDC for construction of fence. SDERA shall install landscaping to include native shrubs and trees throughout Site, provided CDC has constructed fence and resurfaced southern parking lot. SDERA shall install site amenities to include picnic tables, benches, and trash/recycling receptacles. SDERA shall relocate antique trolley(s) for display purposes. Deadline 1 year from Lease commencement SDERA shall provide 17 overflow parking spaces for the Marina Gateway Hotel in the parking lot north of the Historic Depot building upon completion of resurfacing by CDC. CDC shall install outdoor lighting in southern parking lot area consistent with improvements made on Bay Marina Drive, Harrison Avenue, Cleveland Avenue, and 23"' Street. End of term End of term End of term Ongoing responsibility By -Laws for the San Diego Electric Railway Association ARTICLE I - PRINCIPAL OFFICE The principal office for the transaction of business of the corporation is fixed and located in San Diego County, California. ARTICLE II - NAME ANI) PURPOSE Section 1. The name of this organization is the San Diego Electric Railway Association. Section 2. The specific purpose of this organization is to acquire, restore, preserve for disclosure and perusal of the citizens of the San Diego region artifacts, equipment, records and other material pertaining to the San Diego Electric Railway Company and other organizations and corporations involved in the area's electric railway heritage; to work with local governments, schools, museums and other groups toward the preservations and restoration of the aforesaid materials; and to work toward the establishment of an operational demonstration of San Diego's unique historical electric railway technology. ARTICLE III - MEMBERSHIP Section 1. The Association shall provide the following classes of membership: Individual Membership - This membership shall be open to all persons 18 years of age or over who are interested in and who will further the purposes and activities of the Association and Museum. Each individual member is entitled to one vote and to participate in all activities, provided such activities are not in conflict with the health and safety of the person or persons involved. Family Membership - This one -family membership will provide all participants with the same rights, privileges and opportunities as the individual membership and as appropriate to their respective age levels. Student Membership - This membership shall be open to all students, age 17 and under, who are interested in the purposes and activities of the Association and Museum. Each student member has all the rights and privileges of the individual membership, except the right to vote and hold offtce. Honorary Membership - This membership is for those individuals and organizations who have made a substantial contribution, financial or otherwise, to the Association and Museum. Selection and term of membership of an honorary membership is determined by the Board of Directors. An honorary member is not entitled to vote or hold office. Sponsorship Membership - This membership shall be open to clubs, business firms, organizations and associations - civic, professional, and social - which wish to further the interests of the Association and the Museum and which are approved by the Board of Directors. Each sponsor member is entitled to one vote and to participate in all activities. ARTICLE IV - DUES AND CONTRIBUTIONS Section 1. Membership dues shall be reviewed annually by the Board of Directors and changes in the dues schedule must be ratified by the general membership. Section 2. The Association may also receive voluntary contributions for its projects. ARTICLE V - MEETINGS OF THE ASSOCIATION Section 1. There shall be an annual meeting of the Association held in the month of November or December on such day and at such place as the Board Of Directors shall designate. Section 2. Other meetings may be called at any time by the president, by a majority of the Board of Directors, or by the secretary upon the written request of not less than fifteen (15) members of the Association entitled to vote. Section 3. The presence of five percent of the membership at any business meeting of the Association shall be necessary to provide a quorum. If a quorum is not present within thirty (30) minutes after the time appointed for such a business meeting, the meeting shall be considered adjourned. The members may adjourn the meeting to be reconvened at a specified date, and the secretary is required to send all members of the Association notice of such adjournment and the new meeting date. Section 4. Written notice of all meetings of the members shall be sent to every member at his listed address at least seven (7) days prior to the date of the meeting. Section 5. The order of business at all business meetings of the Association shall be that provided for such meetings of the Association. At special meetings (other than the annual meeting or regular business meetings) only business specified in the notice of the meeting may be acted upon. ARTICLE VI- BOARD OF DIRECTORS Section 1. The governing body of this Association shall be a Board of Directors consisting of the Officers,the immediate past president, and five(5) directors at large. Section 2. The fivedirectors at large shall be elected at the annual meeting of the Association, each for a term of two years, on a staggered term basis. (Initially, one year termsshall be usedfor two directors.) Section 3. If any vacancy shall occur among the members of the Board during the year by reason of death, resignation, or otherwise, the Board shall appoint a member of the Association to fill the vacancy for the balance of the unexpired term for which the vacated director was previously elected.The vacancy will be filled anew each succeeding year when this is necessary. Section 4. Any director may be removed by a two-thirds (2/3) vote of the Board of directors. Section 5. The Board of Directors shall have general charge and control of the affairs, funds and property of the Association and shall carry out the purposes of the Association in accordance with these bylaws; but the Board shall not alter, amend, or rescind any resolution or motion duly adopted at a business meeting of the Association. All agreements with other organizations shall be ratified by the Board of Directors of this Association. Section 6. The Board of Directors shall adopt rules and procedures of the conduct of its meeting thereat, including provision for voting by mail. The Board shall keep a record of its proceedings and such record shall be available for inspection by any member of the Association at all reasonable times. Copies of minutes of meetings shall be mailed by the secretary to all directors. Section 7. Meetings may be held upon the call of the president or any three (3) directors at such time and place as may be specified in the call, after five (5) days notice by mail to the directors stating the purpose of the meeting. When a majority of the directors is present, the meeting shall be deemed to have been regularly called and noticed unless otherwise objected to. The members present may adjourn the meeting to be reconvened at a specified date without further notice to the directors. Section 8. Except as otherwise specifically provided in these bylaws, the affirmative vote of a majority of the members of the Board of Directors who are present shall be necessary and sufficient to adopt any motion or resolution. Section 9. At any Board of Directors meeting of the Association, the presence of six (6) members in person shall be necessary to provide a quorum. Section 10 The directors present at any meeting of the Board may cause a mail canvas to be made to the members of the Association on any matter in respect to which a written expression of opinion may be desired, but not be binding on the Board of Directors of the Association as a formal vote. ARTICLE Vil - OFFICERS Section 1. The officers of the Association shall be a president, a vice president, a secretary and a treasurer, all of whom shall be members of the Association. Section 2. The officers shall be elected at the annual meeting in each year concurrently with the election of the directors and shall hold office from January 1 of the following year through December 31, or until the election and qualification of their respective successors. Each officer mush have been a member of the Association for at least one year prior to election and must be able to attend business and board meetings regularly. The term of office shall be two years. All officers are subject to bienniel election and shall not be eligible to serve more than one consecutive term in the same office. Section 3. If any vacancy shall occur in an office during the term of office by reason of death, resignation, or otherwise, the Board shall appoint a member of the Association to fill the vacancy for the unexpired term. Section 4. In addition to the duties and prerogatives prescribed elsewhere in these bylaws, the president shall preside at all meeting of the Association and the Board of Directors, he shall enforce the bylaws of the Association, and he shall perform all executive and other duties ordinarily appertaining to the office of the president. Section 5. In the event of the absence, disability or refusal of the president to act, the vice president shall act in his stead. In the further event of the absence, disability, or refusal f the president and vice president to preside at any meeting, one of the members of the Board of Directors shall be elected to preside. The vice president shall have such additional powers and duties as may be assigned by the Board of Directors. Section 6. The secretary shall give notice of all business meetings of the Association and of the Board of Directors; he shall cause a record of the proceeding at all such meeting to be made and of all matters of which a record shall be ordered; he shall keep a register of the names and residence of the members of the Association. Section 7. The treasurer shall have charge of all the funds and securities of the Association and make such deposits, investments and withdrawals as may be directed and approved by the Board. The treasurer shall keep regular accounts of the fiscal affairs of the Association, which accounts shall be subject to inspection by any member of the Board. He shall make a report in writing at each regular meeting of the Board, the said report to contain such information as may be specified by the Board. He shall furnish to the auditors, as elsewhere provided in these bylaws, in duplicate, a copy of his annual report. Section 8. The president and treasurer shall each render a calendar year annual report to the member ship of the Association. ARTICLE VIII - NOMINATIONS AND ELECTIONS Section 1. The nominating committee shall consist of five members who shall be elected at each annual meeting as and when appropritae. Suggestions for nominations for officers, directors and members of the subsequent nominating committee may be sent at any time to the committee by any member of the Association. The nominating committee shall meet at the call of the secretary or parliamentarian (if one is appointed), elect a chairman, and secure a proposed slate of officers and directors to be announced no later than October 15 of each year. Section 2. The report of the nominating committee of its nominations for officers, directors and members of the succeeding nominating committee shall be sent to all members in the mailing announcing the date of the annual meeting. Immediately following the presentation of the report, nominations shall be verified for eligibility and thereafter approved for voting by the membership. Section 3. The elections shall be by ballot when no more than one candidate is nominated for the same office. Other wise, there being no objections, elections may be by voice vote. Majority of the votes cast shall elect. Absentee or proxy voting shall not be permitted. ARTICLE IX - COMMITTEES AND APPOINTMENTS Section 1. The president, subject to approval by the Board of Directors, may designate such committees as may seem to be desirable from time to time, in order to carry out the purposes of the Association, and he, or they, may specify the number of members to compose each such committee and the duties thereof The purposes and duties of such committees shall be consistent with Associations policies. Section 2. Committee chairmen shall be appointed by the president for a term of one year subject to the ratification of the Board of Directors. They shall be members in good standing of the Association and may attend meetings of the Board of Directors. The president of the Association may be a member "ex officio" of every committee except the nominating and auditing committees. Section 3. No committee shall spend more than the amount of twenty five ($25) dollars without the prior approval of the Board of Directors. All money collected by the committees shall be remitted to the treasurer. Section 4. The chairman of each committee shall present a written report whenever requested to do so by the president. Each chairman shall submit a written report at the end of the fiscal year. Immediately following the meeting at which a successor is appointed, the retiring chairman shall turn over to the successor all records, reports and written procedures of the committee. Section 5. The officers of parliamentarian and historian shall be appointive and their duties shall be as follows: the parliamentarian shall serve in an advisory capacity to the President, the Board of Directors and all committees when requested and he shall call the nominating committee together., instruct the committee in its duties, preside during the election of a chairman, and then leave. The historian shall keep a concise record of the Association's activities and submit a written requirement at the annual meeting. ARTICLE X - FINANCIAL ADMINISTRATION Section 1. The fiscal year of the Corporation shall run from the first day of January through the thirty first day of December. Section 2. A proposed budget shall be prepared by a committee of at least five members including the treasurer, to be appointed by the president. It then must be reviewed and approved by the Board of Directors, and thereafter mailed with the notice of the annual meeting to all Association members. Section 3. A qualified auditor shall be appointed at the request of the president to audit the books of the Corporation at the end of the fiscal year, or upon resignation of the treasurer, or upon the written request of six directors. ARTICLE XI - DISSOLUTION All property is irrevocably dedicated to educational and charitable purposes and in the event of dissolution of the Corporation for any cause, said property will not inure to the benefit of any private person except a fund, foundation or corporation. ARTICLE XII - AMENDMENTS AND PARLIAMENTARY PROCEDURE Section 1. These bylaws may be altered or amended at any meeting of the members, or at any other meeting called for that purpose, by a two thirds (2/3) of the votes cast, providing members have received written notice of the proposed change, at least fifteen (15) days prior to the meeting at which a vote will be taken. Seen 2. The rules contained in Robert's Rules of Order, Newly Revised, shall govern in all cases to which they are applicable and in which they are consistent with these bylaws. State o Callfornia OFFICE OF THE SECRETARY OF STATE CORPORATION DIVISION I, MARCH FONG EU, Secretary of State of the State of California, hereby certify: That the annexed transcript has been compared with the corporate record on file in this office, of which it purports to be a copy, and that same is full, true and correct. IN WITNESS WHEREOF, I execute this certificate and affix the Great Seal of the State of California this JAN151987 lAti.euA Secretary of Slot( ARTICLES OF INCORPORATION OF SAN DIEGO ELECTRIC RAILWAY ASSOCIATION I 1 ENDOP.SED.t F;' ED in du office of t e :rc:e•o y o: r vti of t♦. S+vh of Cati(o:n:a A:112187 MARCH FOND EU, Secretary of Sti The name of this corporation is San Diego Electric Railway Association. II A. This corporation is a nonprofit public benefit corporation and is not organize3 for the private gain of any person, group or organization. It is organized under the Nonprofit Public Benefit Corporation Law for charitable purposes. B. The specific purpose of this corporation is to aquire, restore and preserve for disclosure to and perusal of the citizens of the San Diego region artifacts, equipment, records and other materials pertaining to the San Diego Electric Railway Company system and other organizations and corporations involved in the area's electric railway heritage; to work with local governments, schools, museums and other groups toward the preservation and restoration of the aforesaid materials; and to work toward the establishment of an operational demonstration of San Diego's unique historical electric railway technology. III The name and address in the State of California of this corporation's initial agent for service of process is: Eric Sanders, 7861 Normal Avenue, La Mesa, California 92041. IV A. This corporation is organized and operated exclusively for charitable purposes within the meaning of Section 501(c)(3) of the Internal Revenue Code. B. No substantial part of the activities of this organization shall consist of carrying on propaganda, or otherwise attempting to influence legislation and the corporation shall not participate or intervene in any political campaign (including the publishing or distribution of statements) on behalf of any candidate for public office. V The property of this corporation is irrevocably dedicated to charitable purposes and no part of the net income or assets of this corporation shall ever inure to the benefit of any director, officer or member thereof or to the benefit of any private person. Upon the dissolution or winding up of the corporation, its assets remaining after payment, or provision for payrent, of all debts and liabilities of this corporation shall be distributed to a nonprofit fund, foundation or corporation which is organized and operated exclusively for charitable purposes and which has established its tax exempt status under Section 501(c)(3) of the internal revenue code. DATE V S afp_vk v3 Eric Sanders I hereby declare that I am the person who executed the foregoing Articles of Incorporation, which execution is my act and deed. City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT 27 MEETING DATE September 2, 2008 AGENDA ITEM NO. 1 ITEM TITLE A resolution appropriating low -mod housing funds and approving an Agreement not to exceed $120,725 with Pyatok Architects, Inc. to use a community design process to create a Concept Design for an affordable housing project on the site of and in the vicinity of the National City Public Works Center. PREPARED BY Patricia Beard (ext 4255) ktr Redevelopment Manager DEPARTMENT Redevelopment Division EXPLANATION On August 19, 2008, the City Council/CDC heard and discussed a variety of reports related to completing and implementing the anticipated Westside Specific Plan. Among next step ideas supported by the City Council/CDC was a recommendation to retain an architect to create an affordable housing concept design for the areas on and in vicinity to the Public Works Yard and Paradise Creek. This proposed contract with Pyatok Architects, Inc. responds to this Council direction. Michael Pyatok has extensive experience throughout California in leading community design processes resulting in implemented projects that are highly supported by stakeholders. The exact footprint for the Concept Design will be determined during the community process*. (Please see attachments including draft study area and biographical resume.) i Environmental Review .Not applicable. Financial Statement This resolution requests low mod housing funds (20-percent set aside) for a proposed contract not to exceed value of $120,725 plus 10-percent contingency. This cost includes sub -contractors who will assist with the Droiect. Account No. 522-409-500-598-3849 STAFF RECOMMENDATION Adopt the resolution. BOARD / COMMISSION RECOMMENDATION Not applicable. STRATEGIC GOAL 5b: Analyze Comprehensive Implementation Strategy for Westside Specific Plan; 6d: Consider Compatibility of Residential and Other Uses in the Westside; 3e: Support Paradise Creek Education Park. ATTACHMENTS 1. Proposed draft study area* 2. Biographical resume 3. Proposed Agreement Resolution No. RESOLUTION NO. 2008 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APPROPRIATING FUNDS AND AUTHORIZING THE CHAIRMAN TO EXECUTE AN AGREEMENT IN THE NOT TO EXCEED AMOUNT OF $120,725 WITH PYATOK ARCHITECTS, INC., TO USE A COMMUNITY DESIGN PROCESS TO CREATE A CONCEPT DESIGN FOR AN AFFORDABLE HOUSING PROJECT ON THE SITE OF AND IN THE VICINITY OF THE NATIONAL CITY PUBLIC WORKS CENTER WHEREAS, the Community Development Commission of the City of National City ("CDC") is implementing the Redevelopment Plan for the National City Redevelopment Project in part through revitalization efforts within the Westside Specific Planning area; and WHEREAS, on August 19, 2008, the CDC directed staff to retain an architect to create an affordable housing concept design for the areas on and in the vicinity of the National City Public Works Center and Paradise Creek; and WHEREAS, this Agreement fulfills objectives of the National City Strategic Plan adopted on May 1, 2007; and WHEREAS, Pyatok Architects, Inc., is a qualified architect with extensive experience in community design processes for infill housing redevelopment projects, and is willing to perform the work for the not to exceed amount of $120,725; and WHEREAS, funding for the implementation of this Agreement is available in Tax Increment Funds of the CDC. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby approves the appropriation of $120,725 for a concept design for an affordable housing project on the site of and in the vicinity of the National City Public Works Center. BE IT FURTHER RESOLVED that the City Council hereby authorizes the Chairman to execute an Agreement not to exceed $120,725 with Pyatok Architects, Inc. to use a community design process to create a Concept Design for an affordable housing project on the site of and in the vicinity of the National City Public Works Center. PASSED and ADOPTED this 2nd day of September, 2008. Ron Morrison, Chairman ATTEST: APPROVED AS TO FORM: Brad Raulston, Secretary George H. Eiser, III City Attorney Attachment 1 r+uacrnnen� L Michael Pyatok, FAIA Summary Bio - - Principal, Pyatok Architects, Inc. 1611 telegraph Avenue, Oakland, CA 94612 -- -- Professor, University of Washington, Department of Architecture - - Internet Addresses: mpyatok@pyatok.com; Website: www.pyatok.com - - Honors graduate of Harvard University's (67) and Pratt Institute's Schools of Architecture - - Architect and professor of architectural design for 41 years - - His practice serves non-profit organizations and private developers in building market -rate and affordable housing, mixed -use developments and community facilities -- Since opening his office in 1984, he has designed over 30,000 units of affordable housing for lower - income households in the US and another 5000 in the Philippines, and more recently in Malaysia. - - won over 120 local and national design awards for his housing designs. - - helped start two non-profit housing corporations and sat on tbe board of one for ten years as it produced over 700 units of housing in Oakland, California. - - a Fulbright Scholar in Helsinki, Finland where he researched the housing policies of Scandinavia. -- Harvard University appointed him a Loeb Fellow in 1983 where he used the resources of the Business School and the Kennedy School for Public Policy to explore strategies for affordable housing in this age of shrinking public involvement. -- In 1995 he was elected to the College of Fellows of the AIA in recognition of his contribution to neighborhood planning and the design of affordable housing. - - In 1996 he was funded by the national AIA and the NEA to co-author the book Good Neighbors: Affordable Family Housing about design issues related to neighborhood planning and affordable housing -- In 2001, Harvard University appointed him its Buchsbaum Professor of Affordable Housing. -- In 2001 Residential Architect Magazine featured him on its cover as the "Architect -of -the -Year" in recognition of the quality design he has brought to the affordable housing sector. - - In 2002, he was featured on the cover of Professional Builder Magazine as one of the "Thought Leaders" of the development industry - - In 2007 he was named by Builder Magazine and the NAHB as one of the 50 most influential people in the US housing industry. - - He has published articles about affordable housing, urban design and community participation in the US, Europe, Latin America, Southeast Asia and Japan Attachment 3 AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND PYATOK ARCHITECTS, INC. THIS AGREEMENT is entered into this 2nd day of September, 2008, by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a community development commission (the "CDC"), and PYATOK ARCHITECTS, INC, (CONSULTANT"). RECITALS WHEREAS, the CDC desires to employ a CONSULTANT to provide a Concept Design using a community design process for an affordable housing project located on the site of and in the vicinity of the National City Public Works Center, including the areas east and west of Paradise Creek between 19th Street and 22rd Streets in National City as shown in Exhibit "B". WHEREAS, the CDC has determined that the CONSULTANT is a architectic and is qualified by experience and ability to perform the services desired by the CDC, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CDC hereby agrees to engage the CONSULTANT and the CONSULTANT hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services required hereunder will be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A". The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CDC for such services, except as authorized in advance by the CDC. The CONSULTANT shall appear at meetings cited in Exhibit "A"to keep staff and City Council advised of the progress on the project. The CDC may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CDC and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 10°/0 from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Patricia Beard hereby is designated as the Project Coordinator for the CDC and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Michael Pyatok thereby is designated as the Project Director for the CONSULTANT. 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed $120,725 (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. The Memoranda, Reports, Maps, Drawings, Plans, Specifications, Models, Architectural Renderings, Studies 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 subCONSULTANTs, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its subCONSULTANT(s) shall require the subCONSULTANT to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CDC nor its officers, agents or employees shall have any control over the conduct of the CONSULTANT or any of the 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 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a 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 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 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 non -owned and hired vehicles. C. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence!$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CDC. Said endorsement shall be provided prior to commencement of work under this Agreement. E. The aforesaid policies shall constitute primary insurance as to the CDC, its officers, employees, and volunteers, so that any other policies held by the CDC shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CDC of cancellation or material change. 5 CDC's Standard Agreement - June 2008 revision F. Said policies, except for the professional liability and workers' compensation policies, shall name the CDC and its officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before 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 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. Attorney's fees to the prevailing party if other than the CDC shall, in addition, be limited to the amount of attorney's fees incurred by the CDC in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 6 CDC's Standard Agreement - June 2008 revision 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 to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and Tess any damages caused the CDC by the CONSULTANT's breach, if any. Thereafter, ownership of said written material shall vest in the CDC all rights set forth in Section 6. E. • The CDC further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 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: To CONSULTANT: Brad Raulston, Executive Director Community Development Commission of the City of National City 1243 National City Boulevard National City, CA 91950-4301 Michael Pyatok, FAIA Pyatok Architects, Inc. 1611 Telegraphy Avenue Oakland CA 94612 7 CDC's Standard Agreement - June 2008 revision 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 Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CDC. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CDC for all damages, costs or expenses the CDC may suffer by virtue of any violation of this Paragraph 21 by the CONSULTANT. 23. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or Legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. 8 CDC's Standard Agreement — June 2008 revision G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel . and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. COMMUNITY DEVELOPMENT COMMISSION PYATOK ARCHITECTS, INC. (Corporation - signatures of two corporate officers) (Partnership - one signature) (Sole proprietorship - one signre) OF THE CITY OF NATIONAL CITY By: Ron Morrison, Chairman • APPROVED AS TO FORM: George H. Eiser, Ill Legal Counsel By: Michael Pyatok 1'12-6I O0.11 Title By: (S (Name (Title) 9 wx&: ¢Nt) CDC's Standard Agreement - June 2008 revision Exhibit A Scope of Work and Schedule National City Affordable Housing Development at Paradise Creek Project Ending: June 30, 2009 TASKS Principal Project Architect Designer 1 Designer 2 TOTAL Billing Rates for Labor and Travel 555 $175 540 8125 530 $90 525 $75 Concept Design 1. Review all available documents provided by the City; review with other controlling jurisdictions such as Army Corps, Fish and Wild Life 8 12 6 Uaveierne\ 4 trip 1 2. Prepare base maps and site analysis; photo the site and surroundings 4 4 8 travel tone 4 4 trip 2 3. Explore several preliminary options based on differerinq assumptions about lot sizes for both parcels 4. Present options to City staff via email, discuss in 16 24 48 conference conference call 2 2 call 5. Revise options based on staff review 6 12 24 6. Review favored options with local civil, landscape consultants. contractor and City staff 3 3 travel lime 4 4 trip 3 7. Revise favored option(s) with civil, landscape and contractor's recommendations 4 12 32 8. Review Preliminary Concept Design(s) with City staff; discuss strategies for the community process conference via email and conference call 2 2 call 9. Review preferred options with the Army Corps, Fish and Wild Life 4 8 SUB TOTAL Hours 12 49 8 79 118 SUB TOTAL Fee for Labor $660 $8,575 $320 $9.875 $10,620 $29,390 Community Desilan Process 1. Prepare materials for the one week Community Design Process (base model, modeling kits, photos; assume 8 citizen design teams) 2. Day 1: Meet the Stakeholders (separate 2-hr meetings): EnvironmentaVCreek Advocates Affordable Housing Advocates Business Community Evening meeting with all for Summaries 3. Day 2: prep for evening Design Workshop 1; Facilitate Evening Design Workshop 4. Day 3, 4, 5: work as a team refining ideas acquired from Workshop 1 5. Day 6: prep for evening Design Workshop 2: Facilitate Evening Design Workshop 6. Day 7: Debiref with City Staff; outline next steps; discuss implications for Army Corps and Fish and Wild Life travel time 0 8 10 10 30 10 6 4 16 10 10 30 10 6 4 60 10 10 30 10 2 4 90 10 10 30 10 2 conference call trip 4 7 Refine Concept Design with Presentation Graphics 6 12 40 40 8. Complete 3-D site model; complete 3-D digital model 4 12 40 40 SUB TOTAL Hours - 4 84 4 106 4 202 4 232 ' SUB TOTAL Fee for Labor $220 $14,700 $160 $13,250 $120 $18,180 $100 $17,400 $63,910 Reimbursables: for printing, mailing, plotting, model Travel Reimburables: 9 person -trips @ $325 each (air and ground) $4,500 $2,925 'TOTALZIfciiitetbtaticir.-Lab_or'aiid Reimbursables' $100,725 Estimated Consultants: $20,000 Civil Engineer Landscape Architect Structural $7,500 $10,000 $2,500 Total Contract Maximum: $120,725 , 1 n 1 nc _,-V 1 Mlr ACORDI. CERTIFICATE OF LIABILI TY INSURANCE DATE (MMtDO/YYYY) 8/6/2008 RODUCER iversified Risk/Hub International icense #0757776 10 Taylor Blvd., Suite #300 Peasant Hill, CA 94523 .s (800) 877-4560 Pyatok Architects, Inc. 1611 Telegraph Avenue, Suite 200 Oakland, CA 94612 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A OneBeacon America Insurance Co. INSURER B Travelers Indemnity Co. of Connecticut INSURER c: Continental Casualty Company ENSURER D INSURER E. NAIC # OVERAGES THE POLICIES ANY REQUIREMENT, MAY PERTAIN, POLICIES. ;R AWL R INSRD OF INSURANCE LISTED BELOW TERM OR CONDITION THE INSURANCE AFFORDED AGGREGATE LIMITS SHOWN MAY -- — --- -- -- -- - — TYPE OF INSURANCE HAVE BEEN ISSUED TO THE INSURED OF ANY CONTRACT OR OTHER DOCUMENT BY THE POLICIES DESCRIBED HEREIN HAVE BEEN REDUCED BY PAID -. - -- POLICY NUMBER NAMED ABOVE WITH RESPECT IS SUBJECT CLAIMS. POLICY EFFECTIVE PATE IMM/DP/YY) FOR TI-IE POLICY TO WHICH TO ALL THE TERMS, POUCY EXPIRATION DATE (MM/DD/YYI PERIOD INDICATED. NOTWITHSTANDING THIS CERTIFICATE MAY BE ISSUED OR EXCLUSIONS AND CONDITIONS OF SUCH LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 X ,X COMMERCIAL GENERAL I IABILITY 718010061-0000 9/1/2007 9/1/2008 P�FA2EMlSE1EoccE TO u �s)_ S - - 500,000 -] CLAIMS MADE FR, OCCUR MED EXP (Any one person) $ 10,000 PERSONAL & ADV INJURY S 1,000,000 GENERAL AGGREGATE S 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS - COMP/OP AGG$ 2,000,000! 1 POLICY rx 1 JE O r 1 LOC - — - - AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000 ANY AUTO 718010061-0000 9/1/2007 9/1/2008 (Ea acadenI) $ - ALL OWNED AUTOS BODE Y INJURY $ SCHEDULED AUTOS (Pe, person) X HIRED AUTOS BODILY INJURY S .. X NON -OWNED AUTOS (Per acc,denq _- -- —_._._ - — -_ _. PROPERTY DAMAGE (Per aatidern) S GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ _ _ _ ANY AUTO OTHER THAN EAACC S_-- _—.- _ _ AUTO ONLY. AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE S 2,000,000 XJ OCCUR [1. I CLAIMS MADE 718010061-0000 9/1/2007 9/1/2008 AGGREGATE $ 2,000,000 S DEDUCTIBLE S _ _ • _ _ RETENTION $ S WORKERS COMPENSATION AND X 1 ORY LIIMITS_WC STATU- l_ °F:_IU1. EMPLOYERS' LIABILITY IEUB-65L5254-7-07 9/1/2007 9/1/2008 _J EL. 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE EACHACCIDEN I - - -- --- -- — $ - - -- OFFICER/MEMBER EXCLUDED? F. I. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, descnbe under SPECIAL PROVISIONS below F L DISEASE - POLICY LIMIT $ 1,000,000 OTHER Professional Liability AEA 25 411 51 22 9/1/2007 9/1/2008 Per Claim: 1,000,000 Professional Liability AEA 25 411 51 22 9/1/2007 9/1/2008 Annual Aggregate: 2,000,000 SCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDEO BY ENDORSEMENT I SPECIAL PROVISIONS attached page. ERTIFICATE HOLDER CANCELLATION Community Development Commission of the City of National City (CDC) 1243 National City Blvd. National City, CA 91950- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KING UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE :ORu 25 (2001/08) © ACORD CORPORATION 1988 POLICY #: 718010061-0000 INSURED: Pyatok Architects, Inc. PHIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART and GI, CONTRACTORS EXTENDER FORM VCG 206 02 05 a. COMMERCIAL GENERAL LIABILITY COVERAGE FROM CG 00 01 12 04 is amended by the following wording. b. GI, CONTRACTORS EXTENDER paragraph 1. ADDITIONAL INSURED — REQUIRED IN CONTRACT, AGREEMENT OR PERMIT is deleted and replaced by the following wording. 1. WLIO IS AN INSURED -- (Section II) is amended to include as an additional insured any person or organization you are required to add as an additional insured under this policy in a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. The person or organization is only an additional insured with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused by "your work" performed under the written contract or written agreement. 2. The insurance provided to the additional insured is limited as follows: a) This endorsement shall not increase the limits stated in Section 11l — LIMITS OF INSURANCE. b) The insurance provided to the additional insured does not apply to "bodily injury", "property damage", or "personal and advertising injury" arising out of an architect's, engineer's or surveyor's rendering of or failure to render any professional services including: I. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications: and I(. Supervisory or inspection activities performed as part of any related architectural or engineering activities. c) This insurance does not apply to "bodily injury: or "property damage" caused by "your work" included in the "products -completed operations hazard" unless you are required to provide such coverage for the additional insured by a written contract or written agreement in effect during this policy period and signed and executed by you -prior to the loss for which coverage is sought. 3. Subpart (1)(a) of the Pollution exclusion (Section 1 — Coverages, part 2. 11 of the Commercial General Liability Coverage form) does not apply to you if the "bodily injury" or "property damage" arises out of "your work" perfonned on premises which arc owned or rented by the additional insured at the time "your work" is performed. 4. Any coverage provided by this endorsement to an additional insured shall be excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought specifically requires that this insurance apply on a primary or non- contributory basis. 5. As a condition of coverage, each additional insured must: a) Give us prompt written notice of any "occurrence" or offense which may result in a claim and prompt written notice of "suit". b) Immediately forward all legal papers to us, cooperate in the defense of any actions, and otherwise comply with policy conditions. ASC 00 11 01 98 Page 1 of 1 Rich Seyfarth Landscape Architect ASLA 2927 Newbury St. Berkeley, CA 94703 Tel: (510) 548-5877 FAX: (510) 548-0265 spudco@sbcglobal.net Cal. Lic. 41395 6 August 2008 John King Pyatok Architects 1611 Telegraph Ave., Suite 200 Oakland, CA 94612 Re: 7 Directions • Review of Submittal No. 62B, Landscape Site Soil Testing and Soil Amendments John: I have reviewed Submittal No. 62B, Landscape Site Soil Testing and Soil Amendments, and I recommend approval, no exceptions taken. SOIL TESTING AND RECOMMENDATIONS FOR COURTYARD AND SITE: This Submittal 62B includes the horticultural soil testing of the on -site courtyard soil and related soil amendment and soil preparation recommendations prepared by Soil and Plant Laboratory. As per the project specifications - Section 02900, these Soil and Plant Lab recommendations constitute and describe the specified soil preparation and soil amendment requirements for the courtyard and other site installed planting. SOILS FOR THE 3`° FLOOR AND OTHER CONTAINER SITUATIONS: Please note that imported planting soils for the 3rd floor terrace and other container situations was submitted and approved in Submittal No. 62 on 3-24-08. If you have any questions or comments, please contact me. Regards, Rich Seyfarth City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT 28 MEETING DATE September 2, 2008 AGENDA ITEM NO. 1-ITEM TITLE A request for direction on a previously booked Kiwanis Club event scheduled to be held at Granger Hall on September 19, 2008. PREPARED BY Patricia Beard (ext 4255) Redevelopment Manager DEPARTMENT Redevelopment Division EXPLANATION On August 25, 2008 the CDC acquired the Granger Hall from the National City Historical Society as approved at the City Council/CDC meeting of August 19, 2008. Staff plans to bring a recommendation regarding previously booked events and a recommendation about future uses of Granger Hall for CDC consideration at the September 16 City Council/CDC meeting. However a wine tasting event previously booked by the National City Kiwanis Club for September 19 requires urgent consideration. Staff believes it is in the best interests of both the City and Kiwanis Club to allow the event to proceed provided proper insurances, permits and licenses can be provided to the City/CDC Attorney. This event, should the CDC Board wish to allow it to continue, would be managed on site by Jenny Torres of Enchanted Events, the event planner formerly utilized by the National City Historical Society. Environmental Review Not applicable. Financial Statement $400 in rental fees were deposited with the National City Historical Society for this event, and a refundable $600 security deposit has been requested by Ms. Torres. Staff requests CDC direction as to requesting the rental fee to be forwarded to the CDC. Account No STAFF RECOMMENDATION Give permission for the event to be conducted with compliance to City Attornev's liability requirements. BOARD / COMMISSION RECOMMENDATION Not applicable. STRATEGIC GOAL 8a) Cultivate plan for City -owned and historic resources. ATTACHMENTS 1. Agreement between Historical Society and Kiwanis 2. • Resolution No. cI - r- roomy use Cot &act 1816 East Fourth Street National City, CA 91950 819 477 51 Attachment "1" Alitkith L- f old o IL�A>slt3 oP NAnGom+-ay 'Groom: 'Organhati°n: WilioNAL C jT'f K WAND S Fidel+. rs Apt Ta ephone: Purpose o' Event tool 'fNsTr�b Date of Vas: SSPT' r ` 0-0013 JHount of Event aTo: JD: oa Zip Tei hone:(mci) 787- `eb wary PrMrINubttftt*--(tv+9) : og -0 034. Anal Payment le due one month prior to event. Initials: I Due Date: Perotoi plan, three payments or* ]. 2, 3. The Event Coordinator wilt meet With you to open halt att : ' 00 Hall must be cleaned and check by. r CLEANING, . ► , .00 >intewelfundebleIt event ceencea�ttaSd) .LLDATE PAID Cleaning deposit YES 1 NO DATE: S��CLII ITY ,, H4URS NEEDED: i Time; We have reviewed a copy of Rental requirements and awned to all Ir Male: Dante: 1. I g/ alpiektaifttrOnnny and held badbillt11018191 the National City kV dels: Historloat hoslety, and the City of National City, Its Oblate and employees, from any liability that may arise from this sanitised to MIL I emu* reesponsibility for any and all damages to the premises that may occur as a result of this rental. 1 acknowledge that special event Insurance be recommended to cover any perionael loss or Debility. 1 also acdmowledae that I have read the temdnamentae a0veminp the renting of Qrenger Musts Hall and 1 stares to enforce than. m, whist) Inoludes *Idrrg responsibility that no one smoke a within the building. 1 win leave the hail after the rent.el rn the same rental.r condition es It was before the rental.flofl l. 1 agues that the cleaning deposit is - refundable In the event thls rental agrremant Is aaanseiled. 2. No amoldng In had or you wUl be fined $Ii00.013. , '- iM 3. Nothing to be on piano or u be fined $100.CO. /" ABLESEEIA 4THE ABt ._.... LESSOR TABL ;. R fj/3 DATE R TFt AL (Mit iiikilin A PAID OD -Atokelt-- City of National City, California City Council Aaenda Statement —MEETING DATE September 2, 2008 AGENDA ITEM NO. 29 (ITEM TITLE Points of Direction for the Westside Specific Plan PREPARED BY Brad Raulston, Executive Direct EXPLANATION EPARTMENT Community Development At the August 19, 2008, the Urban Land Institute (ULI) Technical Advisory Panel presented their recommendations for . development of the Transportation Oriented Development (TOD) within the Westside Specific Plan area. Additionally, staff presented an update on the preparation of the EIR for Westside and the Wetland Delineation Study of Paradise Creek. Staff requested Council clarify Points of Direction from March 18, 2008 regarding the ULI study, development along Paradise Creek, and criteria for light industrial/manufacturing land uses. After taking considerable public testimony, Council continued the item until September 2, 2008 so staff may outline the comments received. The key Points of Direction for Council consideration are listed in the attachment. Environmental Review Financial Statement Account No. STAFF RECOMMENDATION City Council accepts and files the report. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Points of Direction l A-200 (9/99) Westside Specific Plan Points of Direction 6. Follow ULI Technical Advisory Panel recommendations for Transportation Oriented Development Area (TOD) overlay. a. Study Prototype 4 in TOD area b. Allow for flexibility to consider ped/bike bridges as part of design plan for TOD area. c. Do not realign Paradise Creek d. Do not extend Hoover Avenue 8. Maximize housing along Paradise Creek while preserving a healthy eco- system a. Hire architect to design affordable housing project along Paradise Creek that will maximize housing opportunities while preserving a healthy eco-system. 10. Create and study a "clean light industrial/manufacturing" land use designation which requires some type of discretionary approval (CUP or PD overlay) a. Enlist planning expert to help craft language for clean light industrial use criteria consistent with specific plan. b. Work through compliance committee to define acceptable land uses and approvals for "clean light industrial/manufacturing" and then present to City Council for approval. c. Develop criteria for clean business and establish a process to clean light industrial uses in the plan. 14. Provide final direction for EIR a. Explore denser development options as part of EIR alternatives within current Jones & Stokes contract scope and CEQA regulations. b. MCR-1 and CL height limits to allow a maximum height of 50 feet and 3 stories. c. MCR-2 height limits to allow a maximum height of 65 feet and 5 stories.