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HomeMy WebLinkAbout2008 10-07 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 — October 7, 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 he 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 CeII Phones And Pagers Be Turned Off During City Council Meetings COPIES OF THE CITY COUNCIL OR COMMUNITY DEVELOPMENT COMMISSION MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.nationalcityca.gov CITY COUNCIUCOMMMUNITY DEVELOPMENT COMMISSION AGENDA 10/7/08- Page 2 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. 1. Approval of the Minutes of the Regular City Council/Community Development Commission Meetings of September 2, 2008 and September 16, 2008. (City Clerk) 2. Approval of a motion to waive reading of the text of the Ordinances considered at this meeting and provides that such Ordinances shall be introduced and/or adopted after a reading of the title only. 3. Resolution of the City Council of the City of National authorizing the City Engineer to approve installation of 40 feet of white curb 3-minute passenger loading with sign in front of the preschool located at 2401 E. 24th Street. (TSC Item No. 2008-22) (Engineering) 4. Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation of approximately 120 feet of 3-minute passenger loading and conversion of approximately 130 feet of 1-hour parking to unrestricted parking in front of El Toyon School located at 2000 E. Division Street. (TSC Item No. 2008-23) (Engineering) 5. Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation of additional red curb "No Parking" at four driveways located on E. Plaza Boulevard, east of Euclid Avenue to improve sight distance. (TSC Item No. 2008-24) (Engineering) 6. Resolution of the City Council of the City of National City authorizing the City Engineer to approve relocation of an existing bus stop in front of Bible Baptist Church located at 2432 E. 18th Street at no cost to the City to allow for a new church driveway. (TSC Item No. 2008-21) (Engineering) CITY COUNCIL/COMMMUNITY DEVELOPMENT COMMISSION AGENDA 10/7/08- Page 3 CONSENT CALENDAR (Cont.) 7 Resolution of the City Council of the City of National City authorizing the City Manager to execute an Agreement with Manpower of San Diego for a not -to -exceed amount of $15,000 to provide temporary administrative support services and approving an added mutual indemnity provision that differs from the City's standard agreement language. (Funded by TransNet, Traffic Congestion Relief and General Funds). (Engineering) 8. Resolution of the City Council of the City of National City approving Change Order Number 15 to Koch -Armstrong General Engineering, Inc. for the National City Street Resurfacing Project FY 08-09 (Phase 2) in the amount of $184,065.75 for Valley Road sidewalk improvements and authorizing the Mayor to sign the Change Order. (Funded through Traffic Congestion Relief, Gas Tax, Proposition A, Proposition 1 b funds, and CIWMB Grants) (Engineering) 9. Resolution of the City Council of the City of National City accepting the work performed by Koch -Armstrong General Engineering, Inc. with the final amount of $946,410.00 and authorizing the filing of the Notice of Completion with the County Recorder for the National City Street Resurfacing Project, FY 06-07. (Funded through Gas Tax, Proposition "A", Transnet, Traffic Congestion Relief Funds, CIWMB Grant, and General Funds) (Engineering) 10. Resolution of the City Council of the City of National City approving Change Order Number 39 to M.A. Stevens Construction, Inc. for the National City former Library Remodel Project in the amount of $66,347.27 for the emergency roof and staircase repair on the Historic Kimball House and authorizing the Mayor to sign the Change Order. (Tax Increment Funds) (Engineering) 11. Resolution of the City Council of the City of National City ratifying Change Order Nos. 3, 16, 17, 18, and 24 in the amount of $65,644.63 with M.A. Stevens Construction for the National City former Library Remodel Project. (Funding will be through Tax Increment Funds) **Continued from City Council Meeting of September 16, 2008** (Engineering) CITY COUNCIUCOMMMUNITY DEVELOPMENT COMMISSION AGENDA 10/7/08- Page 4 CONSENT CALENDAR (Cont.) 12. Resolution of the City Council of the City of National City accepting the work from Portillo Concrete, Inc. with the final amount of $3,086,705.79 and authorizing the filing of the Notice of Completion with the County Recorder for the National City Boulevard and 9th Street Plaza Promenade Improvements. (Funding is through Tax Increment Funds and State Pilot Growth Program) (Engineering) 13. Resolution of the City Council of the City of National City accepting the work performed by Zondiros Corporation with the final amount of $640,566.28 and authorizing the filing of the Notice of Completion with the County Recorder for the National City Pump Station Rehabilitation Project. (Funded through Sewer Service Funds) (Engineering) 14. Resolution of the City Council of the City of National City awarding a contract to 3-D Enterprises, Inc. in the base bid amount of $151,268.00 and three alternative bid amounts totaling $72,000.00 for the National City Parks Rehabilitation Project (Phase 3) for the repair and improvement of multiple buildings and structures such as restrooms, snack bars, score shacks, and ADA improvements throughout Kimball Park, El Toyon Park, and Las Palmas Park. (Funded through General Funds) (Engineering) 15. Resolution of the City Council of the City of National City revising City Council Policy No. 704 pertaining to limitation on City approved special events within the City. (Community Services) 16. Resolution of the City Council of the City of National City authorizing the Mayor to sign an Agreement for fire protection and emergency medical services for the Lower Sweetwater Fire Protection District for at least $170,540.44 per year. (Fire) **Continued from City Council Meeting of 9/16/08** 17. WARRANT REGISTER #10 (Finance) Warrant Register #10 for the period of 08/27/08 through 09/02/08 in the amount of $428,552.71. (Finance) CITY COUNCIL/COMMMUNITY DEVELOPMENT COMMISSION AGENDA 10/7/08- Page 5 CONSENT CALENDAR (Cont.) 18. WARRANT REGISTER #11 (Finance) Warrant Register #11 for the period of 09/03/08 through 09/09/08 in the amount of $477,020.54. (Finance) PUBLIC HEARINGS 19. Continued Public Hearing — An Amendment to Section XII of the Local Coastal Program Implementation Document pertaining to signs and outdoor advertising in the Coastal Zone. (Applicant: City Initiated) (Case File No. 2007-41 LCP) (Planning) **Continued from August 19, 2008 City Council meeting** 20. Public Hearing and Proposed Finding of No Significant Impact for a proposed Subdivision and Planned Development Permit for eight condominium units with a request for exceptions for setbacks, parking, and building separation and a request to waive undergrounding of utilities on a site at 1820 G Avenue. (2008-20 S, PD, IS) (APN 560-233-06) (Planning) 21. Public Hearing — Time Extension Request — Tentative Subdivision Map to divide a 12,750 square -foot property on the east side of C Avenue between 8th and 9th Street into eight residential Tots with a Conditional Use Permit for one of the Tots to have an accessory living unit. (Applicants: Neighborhood National Bank) (Case File No. 2008-30 TE) (Planning) 22. Public Hearing on the Fiscal Year 2008-2009 Supplemental Allocation Cycle, approval of funding recommendations for the allocation of $1,759.500 in CDBG and $1,200,000 in HOME Program Income Funds, and approval to amend the Department of Housing and Urban Development Annual Allocation Plan. (Community Development/Housing and Grants) 23. Public Hearing — Fiscal Year 2008-2009 Supplemental Funding Cycle for the Community Development Block Grant Program — Applicant presentations for public services. The purpose of Public Hearing #2 is to hear presentations from agencies that have submitted applications for the Community Development Block Grant (CDBG) Program funding of $310,500. (Community Development/Housing and Grants) CITY COUNCIL/COMMMUNITY DEVELOPMENT COMMISSION AGENDA 10/7/08- Page 6 NON CONSENT RESOLUTION 24. Resolution of the City Council of the City of National City opposing Proposition B on the November 4, 2008 ballot to redevelop the Tenth Street Marine Terminal. (Council initiated) ORDINANCE FOR INTRODUCTION 25. Ordinance of the City Council of the City of National City amending Chapter 1.08 of the National City Municipal Code pertaining to official City seals, logos, insignias, badges, and names. (City Initiated) (City Attorney) NEW BUSINESS 26. Substantial Conformance Request — Approval of modified building elevations for an approved tentative subdivision map for a 10-unit condominium project at 2504 Highland Avenue. (Dong Dao Architect for PB Highland, LLC) (Case File No. 2008-32 Sub. Conf.) (Planning) 27. Notice of Decision — Planning Commission approval of a Conditional Use Permit for the construction of a food mart with accessory beer and wine sales at an existing gas station at 1601 East 8ch Street. (Applicant: Three Wives, Inc.) (Case File 2008-11 CUP) (Planning) 28. Request to use the Martin Luther King, Jr. Community Center by the Employment Guide for their Job Fair on Tuesday, October 28, 2008 with no waiver of fees. (Community Services) 29. Request to use the Martin Luther King, Jr. Community Center by the National City Chamber of Commerce for their annual "Salute to the Navy Luncheon" on Wednesday, October 8, 2008 co -sponsored by the City of National City. (Community Services) 30. Temporary Use Permit — Kick Boxing 10th Anniversary Celebration located at 26 North Euclid Avenue on October 11, 2008 from 11 a.m. to 3 p.m. with no waiver of fees. (Neighborhood Services) CITY COUNCIL/COMMMUNITY DEVELOPMENT COMMISSION AGENDA 10/7108- Page 7 NEW BUSINESS (Cont.) 31. Temporary Use Permit — Law Enforcement Appreciation Day hosted by the Bible Baptist Church located at 2432 E. 18th Street on October 19, 2008 from 10 a.m. to 1 p.m. with no waiver of fees. (Neighborhood Services) 32. Temporary Use Permit — National City's "Got" Talent 1st Annual Amateur Competition which will take place in the National City Public Library at 1401 National City Boulevard on November 1, 2008 from 10 a.m. to 2 p.m. (Neighborhood Services) 33. Temporary Use Permit — Frank Motors vehicle storage site located at the former RCP site on National City Blvd. from October 8, 2008 until the end of the CDC land lease (December 31, 2009) with no waiver of fees. This is a renewal of last year's TUP. (Neighborhood Services) COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 34. Warrant Register for the period of 08/29/08 through 09/18/08 in the amount of $751,466.42. (Community Development Commission/Finance) 35. Resolution of the Community Development Commission of the City of National City (CDC) approving the transfer of funds in the not -to -exceed amount of $295,000 from the Tax Increment Undesignated Fund Balance to the National City Former Library Remodel Project for additional work to complete the National City Former Library Project. (Engineering) NON CONSENT RESOLUTION 36. Resolution of the Community Development Commission of the City of National City (CDC) approving a Disposition and Development Agreement with San Diego Habitat for Humanity Inc. for an affordable housing project to be located at 1820 G Street. (Redevelopment/Housing and Grants) CITY COUNCIL/COMMMUNITY DEVELOPMENT COMMISSION AGENDA 10/7/08- Page 8 NEW BUSINESS 37. Analysis of development proposal from Sudberry Properties on the Harbor Drive -In site and potential options for processing entitlements and permits with the City of Chula Vista. (Redevelopment) STAFF REPORTS MAYOR AND CITY COUNCIL ADJOURNMENT Next Regular City Council and Community Development Commission Meeting - Tuesday — October 21, 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 10-7-08 Approval of the Minutes of the Regular City Council/Community Development Commission Meetings of September 2, 2008 and September 16, 2008 - City Clerk - City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Dalla, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 To: Honorable Mayor and Council From: Michael R. Dalla, City Clerk Subject: Ordinance Introduction and Adoption ITEM #2 10/07/08 It is recommended that the City Council approve the following motion as part of the Consent Calendar: "That the City Council waive reading of the text of all Ordinances considered at this meeting and provide that such Ordinances shall be introduced and/or adopted after a reading of only the title." ® Recycled Paper City of National City, California COUNCIL AGENDA STATEMENT .AEETING DATE October 7, 2008 AGENDA ITEM NO. 3 /ITEM TITLE Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation of 40 feet of white curb 3-minute passenger loading with sign in front of the Preschool located at 2401 E. 24th Street (TSC Item No. 2008-22) PREPARED BY Stephen Manganiello DEPARTMENT Engineering EXT. 4382 EXPLANATION Please see attached. Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No STAFF RECOMMEN ION 41' t Resolu B ARD / COM ISSIO RECOMMEDATION At their meeting on S ptember 10, 2008 the Traffic Safety Committee approved the staff recommendation to install 40 feet of white curb 3-minute passenger loading with sign in front of the Preschool located at 2401 E. 24th Street. ATTACHMENTS (Listed Below) Resolution No. 1. Explanation 2. Staff Report to the Traffic Safety Committee (September 10, 2008) A-200 (Rev. 7/03) Explanation Mr. Bob Harris, Director of Maintenance and Operations for the National School District, requested conversion of some of the red curb "no parking", located in front of the Preschool at 2401 E. 24`h Street, to white curb 3-minute passenger loading. The Preschool wants to provide more opportunities for parents to drop-off/pick-up their children on the north side of E. 24`h Street adjacent to the school, rather than have them park on the south side and walk their children across the street, to reduce conflicts with vehicles. Part of the Preschool's plan is to convert the majority of their staff parking lot on the north side of E. 24th Street to a passenger loading area and have Preschool staff park across the street. Staff met on -site with Mr. Harris and other representatives from the Preschool and National School District. Since the red curb proposed for removal is adjacent to the "inbound only" driveway to the preschool (easternmost driveway), vehicle stopping sight distance is not applicable. The remainder of the red curb is needed to provide stopping sight distance for vehicles exiting the westernmost driveway. Staff recommends converting 40 feet of existing red curb "no parking", located in front of the Preschool at 2401 E. 24th Street, to white curb 3-minute passenger loading. The curb parking changes shall not be implemented until the Preschool posts appropriate "Do Not Enter" signs and stripes pavement arrows at both driveways to indicate a one-way circulatory system for their parking lot. The white curb passenger loading with sign will be installed by the City Public Works Department. TSC 2008-22 RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO APPROVE THE CONVERSION OF 40 FEET OF RED CURB "NO PARKING" TO A WHITE CURB THREE -MINUTE PASSENGER LOADING/UNLOADING AREA, INCLUDING A SIGN, IN FRONT OF THE NATIONAL SCHOOL DISTRICT'S PRESCHOOL CENTER LOCATED AT 2401 EAST 24TH STREET WHEREAS, Mr. Bob Harris, Director of Maintenance and Operations for the National School District, has requested conversion of some of the red curb "no parking" located in front of the District's Preschool Center located at 2401 East 24th Street to a white curb "three - minute passenger loading/unloading area" to provide more opportunities for parents to drop-off and pick-up their children on the north side of East 24th Street adjacent to the school, rather than have them park on the south side and walk their children across the street, which will reduce conflicts with vehicles; and WHEREAS, after an on -site meeting with Mr. Harris and other representative of the Preschool and the National School District, staff recommends converting 40 feet of existing red curb "no parking" in front of the Preschool to a white curb "three -minute passenger loading/unloading area", including a sign; and WHEREAS, at its meeting on September 10, 2008, the Traffic Safety Committee approved staffs recommendations. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Engineer to approve converting 40 feet of existing red curb "no parking" to a white curb "three -minute passenger loading/unloading area", including a sign, in front of the National School District's Preschool located at 2401 East 24th Street. PASSED and ADOPTED this 7th day of October, 2008. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR SEPTEMBER 10, 2008 ITEM TITLE: ITEM NO. 2008-22 INSTALLATION OF WHITE CURB 3-MINUTE PASSENGER LOADING ZONE IN FRONT OF THE PRESCHOOL LOCATED AT 2401 E. 241H STREET (BY: B. HARRIS) PREPARED BY: Stephen Manganiello, Engineering Department DISCUSSION: Mr. Bob Harris, Director of Maintenance and Operations for the National School District, is requesting conversion of some of the red curb "no parking", located in front of the Preschool at 2401 E. 24th Street, to while curb 3-minute passenger loading. The Preschool wants to provide more opportunities for parents to drop-off/pick-up their children on the north side of E. 249' Street adjacent to the school, rather than have there park on the south side and walk their children across the street, to reduce conflicts with vehicles. Part of the Preschool's plan is to convert the majority of their staff parking lot on the north side of E. 249' Street to a passenger loading area and have Preschool staff park across the street. See attached correspondence and Exhibits. Staff met on -site with Mr. Harris and other representatives from the Preschool and National School District. Since the red curb proposed for removal is adjacent to the "inbound only" driveway to the preschool (easternmost driveway), vehicle stopping sight distance is not applicable. The remainder of the red curb is needed to provide stopping sight distance for vehicles exiting the westernmost driveway. STAFF RECOMMENDATION: Convert 40 feet of existing red curb "no parking', located in front of the Preschool at 2401 E. 249' Street, to white curb 3-minute passenger loading. The curb parking changes shall not be implemented until the Preschool posts appropriate -Do Not Enter" signs and stripes pavement arrows at both driveways to indicate a one-way circulatory system for their parking lot. EXHIBITS: 1. Correspondence 2. Location Map 3. Photo 4. Exhibits — Existing / Proposed Conditions 2008 77 Stephen Manganiello From: Bob l larris IBob.Harris(c.Pnational.k12.ca us] Sent: Wednesday, August 2/. 2008 2 11 PM To: Stephen Manganiello Cc: Dennis Doyle; Mike Castanos; Rita Palet Subject: t wd: PRt-SCHOOL CLN FFR Attachments: PRESCHOOL. CURBS.xls -- PRESCHOOL CURt3 S.x!4 (109 KB) t:-: _:1:' 1 U(i(-(1 1 1..1 111.:1.:; iirl.ti: F:.,tklr ii1.1 :i. ni !•::. .)tlr.'r Lit i .,n.� i hs;_ I i. r t ,..-r J:.1( ( 1 i f: 1i , .:.1,11 n`7 .;r11.? , i.I1' i n:1 it.,7 t h..:t 1:, F:•.-:)F)! c;r, . .' 111t .;t.r�. -1 1 ' Iif:` r.1l_ ul .Jl•._•r.`(.1 1 .1t. 1.it ::I 1 li .,t_ril_ k 1 ll('Ir t. t: t 11 , t F4 r k t 1,: i t I t h=- r •t i 1I 1 1 !: t 1 h. .,.,.,...,1 k. l'i;1 t r :•111t.1 ,1:1'!: ! , ;1.,. 1).11 k` :I. t lt•-i cdr .1.1111'. 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I•rc.:n .1 (.11 l c.l:.: 1 1111:•_1 .,ri.:1 lir. 1.v!.1 .111.1 :1 11•'t ..141: t 1�.. c:•v'.. 1-11.'..:r1i 1'It' .ft llri•' .'1.1 t h'-:i: 1 i1 I 1 n].1 r)1 'k1 _ t in.1 rt r imr rt, .:i: h( „!� st ..>ri in t 11i-, t.. � i. :it (3.,:t. 12, mA1' F:a1_ 1:I r 1 _1f _ !: ur11 ...a: ••)t ;;it t, .;t 1 .•t ..1:: 1 t'.1 ...i oll!:1 t'1l' 'n`:--('tn .11;� IIIi1k ' 1 iii.:; :, .,-11•- ri.-1 r it 1 _.11 • 1-. .'!,1 l ,ir ('fl .! 11.:t 1,-, i. t i t ,.. hl.;t i ....l i1 .. l r r . 131,1: 11.sr: 1'1,.1,.1 .ii.:ri .i1ci I'. 1 i t 1; 1. ., 1 i(,r 1 Preschool at 2401 E. 24th Street (looking northwest) 2 4 h S T Exhibit A - Ex1,ting Conditions EUCLID AVE FIRE STATION =RE S T ATiON AA.'R .K!!N:3 _.v T ~ EXIT H/C • ENTER -t-i 7-1 .-PT EN EAS- I ==DES ,,CS_ PRESCHOOL CENTER & FRC EAST ,CURRENT PARKING Ci STAFF CARS PARKING PERMITTED 0 PARENT CARS RED CURB "NO PARKING'. 2 4 h S T Exhibit B - Proposed Conditions EUCLID AVE FIRE STATION FIRE STATION PARKING _C- f-EXIT ENTER 0 V AR'RC, -C-EN "-(E-3RCO CE PA -R= EAS PRESC PRESCHOOL CENTER & FRC EAST PROPOSED PARKING STAFF CARS Q PARENT CARS PARKING PERMITTED RED CURB "NO PARKING" WHITE CURB "LOADING ZONE" City of National City, California COUNCIL AGENDA STATEMENT dEETING DATE October 7, 2008 AGENDA ITEM NO. 4 f ITEM TITLE Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation of approximately 120 feet of 3-minute passenger loading and conversion of approximately 130 feet of 1-hour parking to unrestricted parking in front of El Toyon School located at 2000 E. Division Street (TSC Item No. 2008-23) PREPARED BY Stephen Manganiello DEPARTMENT Engineering EXT. 4382 EXPLANATION Please see attached. Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDA ••O! Resoluti c B = RD / COM SSION ECOMMEDATION At their meeting on Se ember 10, 2008 the Traffic Safety Committee approved the staff recommendation to install approximate 120 feet of 3-minute passenger loading and convert approximately 130 feet of 1-hour parking to unrestricted parking in front of El Toyon School located at 2000 E. Division Street. . ` ATTACHMENTS (Listed Below) Resolution No. I 1. Explanation 2. Staff Report to the Traffic Safety Committee (September 10, 2008) A-200 (Rev. 7/03) Explanation Mr. Manuel Machado, Principal of El Toyon School, requested installation of 3-minute passenger loading adjacent to the school on Division Street, just west of "T" Avenue, and conversion of 1-hour parking to unrestricted parking, just east of "T" Avenue. Staff investigated the site during school peak traffic periods and supports the proposed changes to curbside parking. Since there is no designated passenger loading zone many drivers illegally park in red curb "no parking" zones or double-park since on -street parking nearby the school is limited. The loading zone should reduce the desire for drivers to illegally park and improve traffic circulation. Also, by converting the 1-hour parking to "unrestricted" parking staff and visitors will still have an opportunity to park adjacent to the school site for extended periods. Staff recommends the following: 1) Convert approximately 120 feet of "unrestricted" parking located adjacent to the school on Division Street, just west of "T" Avenue, to 3-minute passenger loading, restricted between the hours of 7:00am-9:00am and 1:00pm-4:00pm Monday through Friday. 2) Convert approximately 130 feet of 1-hour time -restricted parking located adjacent to the school on Division Street, just east of "T" Avenue, to "unrestricted" parking. Recommended improvements will be completed by the City Public Works Department. TSC 2008-23 RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO APPROVE THE CONVERSION OF APPROXIMATELY 120 FEET OF UNRESTRICTED PARKING TO THREE -MINUTE PASSENGER LOADING, AND APPROXIMATELY 130 FEET OF ONE -HOUR PARKING TO UNRESTRICTED PARKING IN FRONT OF EL TOYON ELEMENTARY SCHOOL LOCATED AT 2000 EAST DIVISION STREET WHEREAS, Mr. Michael Machado, Principal of El Toyon Elementary School, has requested the installation of 3-minute passenger loading adjacent to the school on Division Street, just west of "T" Avenue, and the conversion of a one -hour parking zone to "unrestricted" parking for staff and visitors; and WHEREAS, after inspecting the area during peak school traffic periods, staff recommends converting approximately 120 feet of unrestricted parking located adjacent to the school on Division Street, just west of "T" Avenue to three -minute passenger loading, restricted between the hours of 7:00 a.m. and 9:00 a.m., Monday through Friday; and WHEREAS, staff also recommends converting approximately 130 feet of one - hour parking located adjacent to the school on Division Street, just east of "T" Avenue to unrestricted parking; and WHEREAS, at its meeting on September 10, 2008, the Traffic Safety Committee approved staff's recommendations. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Engineer to approve converting approximately 120 feet of unrestricted parking located adjacent to El Toyon Elementary School on Division Street, just west of "T" Avenue to three -minute passenger loading, restricted between the hours of 7:00 a.m. and 9:00 a.m., Monday through Friday, and converting approximately 130 feet of one -hour parking located adjacent to the school on Division Street, just east of "T" Avenue to unrestricted parking. PASSED and ADOPTED this 7th day of October, 2008. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR SEPTEMBER 10, 2008 ITEM TITLE: ITEM NO. 2008-23 REQUEST FOR INSTALLATION OF 3-MINUTE PASSENGER LOADING ZONE AND CONVERSION OF 1-HOUR PARKING TO UNRESTRICTED PARKING IN FRONT OF EL TOYON SCHOOL LOCATED AT 2000 E. DIVISION STREET (BY: M. MACHADO1 PREPARED BY: Stephen Manganiello, Engineering Department DISCUSSION: Mr. Manuel Machado, Principal of El Toyon School, is requesting the following: 1) Conversion of approximately 120 feet of "unrestricted" parking located adjacent to the school on Division Street, just west of "T" Avenue, to :3 minute passenger loading. 2) Conversion of approximately 130 feet of 1-hour time -restricted parking located adjacent to the school on Division Street, just east of "T" Avenue, to "unrestricted" parking. Staff investigated the site during school peak traffic periods and supports the proposed changes to curbside parking. Since there is no designated passenger loading zone many drivers illegally park in red curb "no parking" zones or double-park since on street parking nearby the school is lirnited. The loading zone should reduce the desire for drivers to illegally park and improve traffic circulation. Also, by converting the 1-hour parking to unrestricted" parking staff and visitors will still have an opportunity to park adjacent to the school site for extended periods. STAFF RECOMMENDATION: 1) Convert approximately 120 feet of "unrestricted" parking located adjacent to the school on Division Street, just west of "1" Avenue, to 3-minute passenger loading, restricted between the hours of 7:00am-9:00arn and 1:00pm-4:00pm Monday through Friday. 2) Convert approximately 130 feet of 1-hour time -restricted parking located adjacent to the school on Division Street, just east of "T" Avenue, to "unrestricted" parking. EXHIBITS: 1. Correspondence 2. Location Map 3. Photos 4. Exhibit - Proposed Improvements 2008 2:3 El Toyon Elementary 2000 F. Division Street • National City, ('A 91950 • (619) 336-8000 • FAX (619) 336-8055 Manuel A. Machado, Principal August 12, 2008 Mr. Stephen Manganiello, Traffic Engineer City of National City - • Engineering Department 1243 National City Boulevard National City, CA 91950 Dear Mr. Manganiello: This letter shall confirm the changes we discussed at our meeting this morning. LJ 1. Request change from current unrestricted parking to three -minute passenger loading and unloading from 8:00 a.m. to 9:00 a.m. and from 2:30 p.m. to 3:30 p.m. This is located west of the school entryway; and Remove the one -hour restricted parking to unrestricted parking east of the school entryway. It was a pleasure meeting with you. Thank you for your assistance. Sincerely, r Manuel A. Machado Principal MAM/mh Division Street, west of "T" Avenue (looking south) Division Street, east of "T" Avenue (looking south) City of National City, California COUNCIL AGENDA STATEMENT AEETING DATE October 7, 2008 AGENDA ITEM NO. ITEM TITLE Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation of additional red curb "no parking" at four driveways located on E. Plaza Boulevard, east of Euclid Avenue, to improve sight distance (TSC Item No. 2008-24) PREPARED BY Stephen Manganiello DEPARTMENT Engineering EXT. 4382 EXPLANATION Please see attached. Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No STAFF RECOMMEN TION Ado.t the Resolu A CO M S REC At their meeting o eptember 10, 2008 the Traffic Safety Committee approved the staff recommendation to install addition red curb "no parking" at four driveways located on E. Plaza Boulevard, east of Euclid Avenue, to improve sight distance. I ATTACHMENTS (Listed Below) Resolution No. 1. Explanation 2. Exhibits 1,2 and 3 3. Staff Report to the Traffic Safety Committee (September 10, 2008) A-200 (Rev. 7/03) Explanation Laura Rivera, Property Manager of Summercrest Apartments located at 2615 E. Plaza Boulevard, and Tamika Griffith, resident of Summercrest Apartments, requested additional red curb "no parking" to improve sight distance for vehicles exiting the easternmost apartment driveway. Ms. Griffith stated that on March 18, 2008 a resident was hit exiting the driveway and suffered serious injuries. She also mentioned that several other accidents occurred over the past few years. Staff reviewed traffic collision reports from the City Police Department which verified the March 18, 2008 accident. Staff visited the site and agrees that it is difficult to exit the driveway due to sight distance constraints from parked vehicles, vehicle volumes and speeds. Staff also evaluated three other driveways along the corridor which have similar sight distance constraints. These additional driveways include the westernmost driveway to Summercrest Apartments (north side of street) and both driveways to the shopping center located at 2720 E. Plaza Boulevard (south side of street). Staff reviewed traffic collision data provided by the National City Police Department and also performed a formal stopping sight distance analysis based on Caltrans Highway Design Manual standards and AASHTO (American Association of State Highway and Transportation Officials) standards, which provide a minimum stopping sight distance of 250 feet for speeds of 35 mph. See Exhibit 1 for a summary of "reported" traffic collisions susceptible to correction by improving sight distance and Exhibit 2 for a summary of the sight distance analysis and corresponding red curb "no parking" warrants. Staff also performed an on -street parking occupancy study to estimate the net loss of parking along the corridor due to additional red curb "no parking". Results indicate that there will be a net loss of 4 parking spaces due to additional red curb "no parking" proposed to improve sight distance at the study driveways. A summary and recommendations are illustrated in Exhibit 3. Staff recommends the following: 1) Install additional red curb "no parking" upstream of the easternmost and westernmost driveways to the Summercrest Apartments located at 2615 E. Plaza Blvd. to provide a minimum clear zone of 100 feet along the curb to improve sight distance. 2) Install additional red curb "no parking" upstream of the easternmost and westernmost driveways to the shopping center located at 2720 E. Plaza Blvd. to provide a minimum clear zone of 100 feet along the curb to improve sight distance. 3) Install pole -mounted vehicle speed feedback signs with flashing beacons along E. Plaza Boulevard between Euclid Avenue and Harbison Avenue as part of Phase 11 of the City's Safe Routes to School Program. The additional red curb "no parking" will be installed by the City Public Works Department. The pole -mounted vehicle speed feedback signs with flashing beacons will be installed by a private contractor as part of Phase II of the City's Safe Routes to School Program. TSC 2008-24 RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO APPROVE INSTALLATION OF ADDITIONAL RED CURB "NO PARKING" AT FOUR DRIVEWAYS LOCATED ON EAST PLAZA BOULEVARD, EAST OF EUCLID AVENUE, TO IMPROVE SIGHT DISTANCE (TSC ITEM NO. 2008-24) WHEREAS, Laura Rivera, Property Manager of Summercrest Apartments located at 2615 East Plaza Boulevard, and Tamika Griffith, a resident of Summercrest Apartments, requested additional red curb "no parking" to improve sight distance for vehicles exiting the easternmost apartment driveway; and WHEREAS, after inspecting the site, staff recommends additional red curb "no parking" at three additional driveways along East Plaza Boulevard between Euclid Avenue and Harbison Avenue; and WHEREAS, at a later date, pole -mounted vehicle speed feedback signs with flashing beacons will be installed in the area as part of Phase II of National City's Safe Routes to School Program; and WHEREAS, at its meeting on September 10, 2008, the Traffic Safety Committee approved the installation of additional red curb "no parking" to improve sight distance for vehicles exiting the easternmost and westernmost driveways to the Summercrest Apartments located at 2615 E. Plaza Blvd and both driveways to the shopping center located at 2720 E. Plaza Blvd. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Engineer to approve the installation of additional red curb "no parking" to improve sight distance at four driveways located on East Plaza Boulevard east of Euclid Avenue. PASSED and ADOPTED this 7th day of October, 2008. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Exhibit 1 — Traffic Collisions Involving Left -Turns from Driveways (July 2003 — May 2008) Plaza Boulevard between Euclid Avenue and School Crosswalk Number of "reported" traffic collisions susceptible to correction by improving sight distance Exhibit 2 — Sight Distance & Red Curb Calculations Plaza Boulevard between Euclid Avenue and School Crosswalk LEGEND Sight Distance (250') Red Curb L_ ui' • 15' existing red curb r Gated (Emergency Access) 25' existing red curb Caitrans Highway Design Manual minimum sight distance standard for 35 mph is 250 feet Exhibit 3 — On -Street Parking Summary & Recommendations Plaza Boulevard between Euclid Avenue and School Crosswalk .ot. ON -STREET PARKING SUMMARY Existing parking = 46 spaces Existing occupancy = 80% (37 spaces) Existing spaces vacant = 20% (9 spaces) Loss of parking due to proposed red curb = 13 spaces Net loss of parking = 4 spaces 141 or 'IA' _..1' �1 l Gated (Emergency Access) Install 40' new red curb 15' existing red curb NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR SEPTEMBER 10, 2008 ITEM TITLE: ITEM NO. 2008-24 REQUEST FOR INSTALLATION OF ADDITIONAL RED CURB "NO PARKING" AT SUMMERCREST APARTMENT DRIVEWAYS AND SHOPPING CENTER DRIVEWAYS ON PLAZA BOULEVARD EAST OF EUCLID AVENUE (BY: L. RIVERA AND T. GRIFFITH) PREPARED BY: Stephen Manganiello, Engineering Department DISCUSSION: Laura Rivera, Property Manager of Summercrest Apartments located at 2615 E. Plaza Boulevard, and Tamika Griffith, resident of Summercrest Apartments, have requested additional red curb "no parking" to improve sight distance for vehicles exiting the easternmost apartment driveway. Ms. Griffith stated that on March 18, 2008 a resident was hit exiting the driveway and suffered serious injuries. She also mentioned that several other accidents occurred over the past few years. Staff reviewed traffic collision reports from the City Police Department which verified the March 18, 2008 accident. Staff visited the site and agrees that it is difficult to exit the driveway due to sight distance constraints from parked vehicles, vehicle volumes and speeds. Staff also evaluated three other driveways along the corridor which have similar sight distance constraints. These additional driveways include the westernmost driveway to Surmercrest Apartments (north side of street) and both driveways to the shopping center located at 2720 E. Plaza Boulevard (south side of street). Staff reviewed traffic collision data provided by the National City Police Department and also performed a formal stopping sight distance analysis based on Caltrans Highway Design Manual standards and AASHTO (American Association of State Highway and Transportation Officials) standards, which provide a minimum stopping sight distance of 250 feet for speeds of 35 mph. See Exhibit 1 for a summary of "reported" traffic collisions susceptible to correction by improving sight distance and Exhibit 2 for a summary of the sight distance analysis and corresponding red curb "no parking" warrants. Staff also performed an on -street parking occupancy study to estimate the net Toss of parking along the corridor due to additional red curb "no parking". Results indicate that there will be a net loss of 4 parking spaces due to additional red curb "no parking" proposed to improve sight distance at the study driveways. A summary and recommendations are illustrated in Exhibit 3. STAFF RECOMMENDATION: Staff recommends the following: 1) Install additional red curb "no parking" upstream of the easternmost and westernmost driveways to the Surnrnercrest Apartments located at 2615 E. Plaza Blvd. to provide a minimum clear zone of 100 feet along the curb to improve sight distance. 2) Install additional red curb "no parking" upstream of the easternmost and westernmost driveways to the shopping center located at 2720 E. Plaza Blvd. to provide a minimum clear zone of 100 feet along the curb to improve sight distance. 3) Install pole -mounted vehicle speed feedback signs with flashing beacons along E. Plaza Boulevard between Euclid Avenue and Harbison Avenue as part of Phase II of the City's Safe Routes to School Program. EXHIBITS: 1 Correspondence 2. Location Map 3. Photos 4. Exhibits 1, 2 and 3 5. Stopping Sight Distance Standards 2008-2,1 SUMMERCREST APARTMENTS 2615 E. Plaza Blvd National City, CA 91950 Telephone: (619) 475-2125; fax: (619) 475-8271 7TY: (800)-735-2929 April 30, 2008 City of National City Steve Mangauiello Engineering Department 1243 National City Blvd, National City, CA 91950 Dear Steve: N.) I am writing this letter as an extension to one of my residents Tiffany Griffith who has also wrote a letter with concern. The concern is the curbs not painted red on my east side exit. We recently had a resident have a very unfortunate accident that alinost took her life. I completely support the painting of these curbs, and to have them be enforced by the National City Police Department. As you are aware you can not see any oncoming traffic at all when pulling in any direction from that exit. I am asking for attention to this matter as fast as possible before we lose someone here. We also have a youth program that is held in my octagon room near that exit, there is also a school zone for elementary children. We have already lost a child to an accident here, and would not want to loose another family member when we could have easily solved the problem by a couple cans of paint. Your immediate attention to this matter would he greatly appreciated. Thank you, ith Respect, Laura Rivera Property Manager Summercrest Apartments Cc: Via Fax, US Mail 04/30/08 Equal Housing Opportunity Surnmercrest does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its federally assisted programs and activities. The person named below has been designated to coordinate compliance with the nondiscrimination requirements contained in the Department of Housing and Urban Development's regulations implementing Section 504 (24 CFR, part 8 dated June 2, 1988). Senior Vice President, Related Management Company, LP, 423 W. 55th St, 9m Fl. NY, NY 10019, (212) 319-1200, NY 77Y 1-800-662-1220. r1- S I/(2 T„ �•d it y-t 1 1 - ' 7� J �` J I (j�ioy41?, To Whom it May Concern: Hi my name is Tamika Grittith.i am a resident of National City, as well as a resident of Summercrest apt. Located on Plaza Blvd. in National City. My concern today is a bind spot, which is located in front of our exit zone. Before you can exit onto Plaza Blvd. you can't see any on corning traffic. You have to take a guess on when to exit or not. l have seen over a hand full of accidents over the mist 3 years. l myself was very close to being hit. The car stopped about 1 foot from rm.,. ! and my children were very scared, to the point that ! never go exit out of that side of our residents.: am so scared that one day someone and their children will end up in a death situation. On March around a resident m arcr s+ 1 � � of ....�, .d � �:�0�,f►;� a � esr,..et 1t of eu..lrr�..�f e-t, was trying ry-- exit out of thatside, onto Plaza Blvd. d was She to :�. that onto t IQLrt and i�'��:, Va s midst to go to the military the next day, but she no longer can. She's in the hospital with internal bleeding, and two broken !ngs. am very nervous and upset, that our resident's, children and visitors will be always in danger and could 5s's 1e ! tea to death, if this problem is not addressed. My theory is to paint more of the curb red, so no cars will be able to park in theblindzone.By that curb being cars will li��. t'�cc..,hrt�a�rt` �j ,s , you,,+, ,tac/� painted red, alone will allow to see any on coming traffic and you will be able to pull out with no vision problems. Aso if you could please check the traffic reports of all accidents that have happened at that location. This is also the same location where a child of one of or residents ended up in death. Results caused by a speeding car. That's one of the problems M�n s 't♦ �i, •, cars pull that caused the accidents_ When out and they can't see, their facing cars that are going way passed the speeding limit .Considering that, you can only imagine what will happen. So please come take a look and see our resident'We would like to prevent anyone else from being hurt. Thank You, TA I��fv_RtFI 1-1 , I y T q I /7 .2 __ ` 1 G. �1 Z4 U ai 1 i I a- �� �' (0g '2 Photo #1: Exiting East Driveway to Summercrest Apartments (looking east on Plaza Blvd.) Photo #2: Exiting Nest Driveway to Suinmercrest Apartments (looking east on Plaza Blvd.) Photo #3: Exiting East Driveway to Shopping Center (looking west on Plaza Blvd.) Photo #4: Exiting West Driveway to Shopping Center (looking west on Plaza Blvd.) Exhibit 2 — Sight Distance & Red Curb Calculations Plaza Boulevard between Euclid Avenue and School Crosswalk Caltrans Highway Design Manual minimum sight distance standard for 35 mph Is 250 feet HIGHWAY DESIGN 111ANUAl. CHAPTER 200 GEOMETRIC DESIGN AND STRUCTURE STANDARDS Topic 201 - Sight Distance Index 201.1 - General Sight distance is the continuous length of highway ahead visible to the driver. Four types of sight distance are considered here: passing, stopping, decision, and comer. Passing sight distance is used where use of an opposing lane can provide passing opportunities (see Index 201.2). Stopping sight distance is the minimum sight distance to he provided on multilane highways and on 2-lane roads when passing sight distance is not economically obtainable. Stopping sight distance also is to he provided for all elements of interchanges and intersections at grade, including private road connections (see Topic 504, Index 405.1, & Figure 405.7). Decision sight distance is used at major decision points (see Indexes ,201.7 and 504.2). Comer sight distance is used at intersections (see Index 405.1, Figure 405.7, and Figure 50 t.3J). Table 201.1 shows the standards for stopping sight distance related to design speed, and these shall be the rninirnuru values used in design. Also shown are the values for use in providing passing sight distance. ('hapter 3 of "A Policy on Geometric Design of Highways and Streets," AASI [TO, contains a thorough discussion of the derivation of stopping sight distance. 201.2 Passing Sight Distance Passing sight distance is the minimum sight distance required for the driver of one vehicle to pass another vehicle safely and comfortably. Passive nnist be accomplished assuming an oncoming vehicle comes into view and maintains the design speed, without reduction, after the overtaking maneuver is staite(l. 200-1 Januanv4.200% Table 201.1 Sight Distance Standards Design Speed(1) (mph) Stopping() (ft) Passing (ft) 20 25 30 35 40 45 50 55 60 65 70 75 80 125 150 200 250 300 360 430 500 580 660 750 840 930 800 950 1,100 1,300 1,500 1,650 1,800 1,950 2,100 2,300 2,500 2,600 2,700 (I) See Topic 101 for selection of design speed. (2) For sustained downgrades, refer to advisory standard in Index 201.3 The sight distance available for passing at any place is the longest distance at which a driver whose eyes are 3 V/ feet above the pavement surface can see the top of an object 4 !A feet high on the road Sec Table 201.1 for the calculated values that are associated with various design speeds. In general, 2-lane highways should be designed to provide for passing where possible, especially those routes with high volumes of trucks or recreational vehicles. Passing should be done on tangent horizontal alignments with constant grades or a slight sag vertical curve. Not only are drivers reluctant to pass on a long crest vertical curve, but it is impracticable to design crest vertical curves to provide for passing sight distance because of high cost where crest cuts are involved. Passing sight distance for crest vertical curves is 7 to 17 times longer than the stopping sight distance. Ordinarily, passing sight distance is provided at locations where combinations of alignment and City of National City, California COUNCIL AGENDA STATEMENT .AIEETING DATE October 7, 2008 AGENDA ITEM NO. 6 "ITEM TITLE Resolution of the City Council of the City of National City authorizing the City Engineer to approve relocation of an existing bus stop in front of Bible Baptist Church located at 2432 E. 18th Street, at no cost to the City, to allow for a new Church driveway (TSC Item No. 2008-21) PREPARED BY Stephen Manganiello DEPARTMENT Engineering EXT. 4382 EXPLANATION Please see attached. Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No STAFF RECOMMENDATION Adopt the Resolution. G-S BOARD / COMMISSION RECOMMEDATI N At their meeting on September 10, 2008 the Traffic Safety Committee approved the staff recommendation to relocate an existing bus stop in front of Bible Baptist Church, located at 2432 E. 18`h Street, to allow for a new Church driveway. I ATTACHMENTS (Listed Below) Resolution No. 1. Explanation L2. Exhibit — Proposed Bus Stop Relocation 3. Staff Report to the Traffic Safety Committee (September 10, 2008) A-200 (Rev. 7/03) Explanation Mr. Felizardo Bagcus requested relocation of an existing MTS bus stop in front of Bible Baptist Church, located at 2432 E. 18th Street, to allow for a new Church driveway. The new driveway will provide access to a future multi -purpose building. Relocation of the bus stop is a "Condition of Approval" for the project. Staff's recommendation for relocation of the bus stop and associated red curb "no parking" is illustrated in the attached Exhibit. The developer shall coordinate with MTS for the bus stop pole and sign removal/relocation and red curb installation. The developer is responsible for all costs associated with relocating the bus stop, including pole and sign removal/installation, purchase and installation of a bus bench and trash receptacle, and installation of red curb. All existing driveway curb cuts for the Church will be replaced with new curb and gutter as part of the project, which will allow for additional on -street parking. TSC 2008-21 RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO APPROVE THE RELOCATION OF AN EXISTING BUS STOP IN FRONT OF THE BIBLE BAPTIST CHURCH LOCATED AT 2432 EAST 18TH STREET, AT NO COST TO THE CITY, TO ALLOW FOR A NEW CHURCH DRIVEWAY WHEREAS, Mr. Felizardo Bagcus, a church building representative of the Bible Baptist Church located at 2432 East 18th Street, has requested the relocation of an existing MTS bus stop in front of the church to allow for a new Church driveway; and WHEREAS, the new driveway will provide access to a future multi -purpose church building, and the bus stop relocation is a Condition of Approval for the project; and WHEREAS, the developer, who will be responsible for all costs associated with the relocation of the bus stop, will coordinate with MTS for removal and relocation of the bus stop, purchase and installation of a bus bench and trash receptacle, and the installation of a red curb and gutter as part of the project; and WHEREAS, at its meeting on September 10, 2008, the Traffic Safety Committee approved the relocation of the existing bus stop in front of the Bible Baptist Church located at 2432 East 18th Street to allow for a new driveway that will provide access to a future multi -purpose church building. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Engineer to approve the relocation of an existing bus stop in front of the Bible Baptist Church located at 2432 East 18th Street to allow for a new driveway that will provide access to a future multi -purpose church building. PASSED and ADOPTED this 7th day of October, 2008. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney CASE 1. For standard bus stops c.-,cole of feet from curb return• 80' Allow 30 pot pull out buffer between front bus and parked cor or fixed nbstruction. - Allow 40- lcot stow orec lr one ston..;Gra bus. ejd '30 feet for each additional standard bus expected to use the stop at tne same time Allow 60-foot stop oreo tor one articulated bus. Add 70 feet for each additional articulated bus expected to use the ;top ct the same bme. Allow 10-foot sight distance but fer between rear of bus jud curb return. 10'-- Concrcte Bus Pad (tor stops with 4 or more hoses per hour 26 BUS STOP LAYOUT Scale 1" - 16' I N , i ' -• . N side,.valK End of red curb and concrete bus pad. F3cyond this point: • Porking may be permitted • Street trees may be planted in sidewalk grates • Sidewalk may be reduced to normal width (min. 4clear space) - Transition toper i • !rash rt-cepticle (optional) Bus stop sign and pole Seating CASE 11* For bus stops on norrow sidewalks in severely constrained locations 4' minimum clear zone Begin red curb ana concrete bus paci at curb return or crosswalk limit line (whichever is further from the intersection). Pedestrian (wheelchair) romp (see San Diego area Regional Stondard Drowings G-27 to G-.152) •Note: These dirnenstons opply to o typica' tir side bus stop. For o stop, mid block bus stop a( fan side DUS stop after o turn, an Bus top Dir12ery•;ions. -. <10' sidewolk t Add sufficient concrete to allow for 10' - wide wheelchair 'rft loading area and 4' minimum clear zone near sice bJs see tigure 190:3 • Metruoitan Transit Drweloornont Board, San Diego, CA • Designing For Transit Exhibit — Proposed Bus Stop Relocation Existing Bus Stop • r 2432 E. 18' Street (Bible Baptist Church) • • 1 ti .f r: 1 ids:.. �.� 3 . ,� i ........••-..,.•..,+Q?.i.+',-..S .i^'I`rl:r:K.Jai. f'r.I+l.Kl.i. . ........ u.u.. ua..4i — • f---- Proposed Bus Stop • r. 30' rl� 50' 80' Red Curb E. 18TH STREET Bible Baptist Church at 2432 E. m Street (looking southwest) ~ | . ' Existing NITS Bus Stop, jtist cast of Bible Baptist Church (looking southeast) Location Map Stephen Manganiello r'rrm: Martin Reeder Tuesday, August 12. 2008 3.08 PM To: Stephen Manganiello Subject: t3ihte Baptist Church bus stop relocation ii Steve. sere is the condition of approval for the church at 2432 Last 18th Street: "-he ipplicanl shall work with MTS to determine the relocation of the taus step prior 10 grading permit. The applicant shall provide detail of the bus stop, reflected on the grading plan and/or landscape plan, to include a bench and trash can consistent with Al S standards. Should the relocation of the bus stop not coincide with the issuance of the grading plan, the applicant shall bond or those improvements. The bus stop improvements shall be completed prior to certificate of occupancy, to the satisfaction of the 3i1y and MTS. -hanks, vlortin Reeder sslsfonf Planner 1Ur;!�rri� i),vr,i:>n ?XI. 4R 13 )o you really need to print this e-mail? 9/4 7.008 Stephen Manganiello From: Felizardo Bagcus ffbagcusgyahoo.conij Sent: Monday, August 25, 2000 10:14 PM To: Stephen Manganiello Cc: Martin Reeder Subject: Bus Stop Relocation Request r t>1 evr) (1)111 Church' ti pro j(),.-1 (11111 1 • Put o 1;1)1 1 d in(3) '.-/r3!; recent 1 y 'Approved 1>y t h t. y (:ourict 1 f Cot-lc-11.r i (-Aid 1 U:;e Per mi I. (CLIP) . , (;ros 01 t he condi um; t. 1)..1 t we need or(Lor tor this project to move f ot ward 1 t; rw 1 °cat (-) the ()xi nt. iroj 1}11:.; our proposed 1-.)1.1i 1 d ilocatedi n 1 ron 0t t he i (.1 Rus Stop . 1-tor eov),-)r , t 11(--• p r opo:;{:•(i iry3rens and e(3 ret.:w; 0 L tiro 3) r. otject () di itc:(t t. 1 Y I o(1tit ed in ront of t he i t•it, i 1)(1 Poi:; Stop. The re t ore, 1 re t ion of fitin f‘i t. w)is advised 1)y tho C'r t y 1'1 ann I)epat ment t to your. 1)1111)11 t. ir t f rl''hill I (),:iiti 00 Appt c.)va I or(.'1 - f ore ;111)ii)i 1 t i t li 1 1o3));;(, i Hut: i-te1 c)c.it ion her i) are t he d(,)1,1i 1 :; of ()1 p10tect : 1'r )ect Nnme: 1,41) 1 t i - Pit 1 pe:n) Int Ili -lily) I t epei t Owner : 1111)1i) I Clint ch 1. do reatly5 nrifir :ire your 11).'.13) with ei;.i kin to t 1.:; ecitient... It Live 1:ii her (itie.ttt .,'011 (tan reach m(-.) it my it, • 1 1 3;1:ie nt. 15 8901036 or ,it or k. 1,1y i;;03 ritim1);21. (61 ') 6W? 3 .341.) i ncer e 1 y you rni, „Inn , v 1 11 (-huth 11111 1 d i r)(1 t i),- it ) ITEM TITLE: NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR SEPTEMBER 10, 2008 ITEM NO. 2008-21 REQUEST FOR RELOCATION OF EXISTING BUS STOP IN FRONT OF BIBLE BAPTIST CHURN LOCATED AT 2432 E. 18'ra STREET (BY: F. BAGCUS) PREPARED BY: Stephen Manganiello, Engineering Department DISCUSSION: Mr. Felizardo Bagcus is requesting relocation of an existing MTS bus stop in front of Bible Baptist Church, located at 2432 E. 18`h Street, in order to install a new driveway for a future multi -purpose building. This multi -purpose building has been approved by City Council and relocation of the bus stop is a "Condition of Approval" (see attached correspondence). Staff's recommendation for relocation of the bus stop and associated red curb "no parking" is illustrated in the attached Exhibit. The developer shall coordinate with MTS for the bus stop pole and sign removal/relocation and red curb installation. 1 he developer is responsible for all costs associated with relocating the bus stop, including pole and sign removal/installation, purchase and installation of a bus bench and trash receptacle, and installation of red curb. All existing driveway curb cuts for the Church will be replaced with new curb and gutter as part of the project. STAFF RECOMMENDATION: Relocate existing bus stop 30 feet west of the future driveway to the Bible Baptist Church's proposed multi -purpose building and install 80 feet of red curb "no parking". EXHIBITS: 1. Correspondence 2. Location Map 3. Photos 4. Exhibit -- Proposed Bus Stop Relocation 5. MTS Bus Stop Layout Design Standards 2008 21 Exhibit — Proposed Bus Stop Relocation Existing Bus Stop ade i 1 • • • j r • • •c r▪ f i.G'. • s. lc .•.1, r,•.• • II it 191 • e. 'J. s " :> 1. N.,1• .es.'Y•r J r'A' le. -=-b-y — �.rr� r•?,G 1 ▪ — r:' 3 .. .......��,t.i,rn•—•i:::**,�.4�n'\i.rM.lrll1 S'r•10I.IKLa fJa.:. u 1 u1.a 1u I ua•11 — 2432 E. 18' Street (Bible Baptist Church) 414 - Proposed Bus Stop 30' r44 50' 80' Red Curb 1 E. 18TH STREET 1 City of National City, California COUNCIL AGENDA STATEMENT _.IEETING DATE October 7, 2008 AGENDA ITEM NO. 7 ITEM TITLE Resolution of the City Council of the City of National City authorizing the City Manager to execute an' agreement with Manpower of San Diego for a not -to -exceed amount of $15,000 to provide temporary administrative support services and approving an added mutual indemnity provision that differs from the City's standard agreement language (Funded by TransNet, Traffic Congestion Relief and General Funds). PREPARED BY Din Daneshfar DEPARTMENT Engineering EXT. 4387 EXPLANATION See attached explanation. J Environmental Review X N/A MIS Approval Financial Statement Approved By: Finance Director Funds will be available in the Account Nos. 345-409-500-598-6035 ($4,000), 307- 409-500-598-6035 ($9,000) and 001-409-500-598-4127 ($2,000). Account No STAFF RECOMMENDATION Adopt the Resolt}tion.^ BOARD / COMMISSION RECO M D91T N N/A ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Contract Agreement Form A-200 (Rev 7/03) EXPLANATION: National City Engineering Department is currently going through the construction phases of several Capital Improvement Projects simultaneously. The proper projects filing and record keeping is essential for having successful audits and closeouts. Due to the volume of filing and other office work, Engineering Department will need temporary administrative support services. The purpose of this resolution is to approve an agreement between the City of National City and Manpower of San Diego to provide temporary administrative support services. The Manpower is a well-known firm in San Diego that provides temporary services. In general, the temporary services will include assistance to the Engineering Executive and Senior Office personnel in filing and other office administrative work that relates to the active projects. It is also requested to approve a mutual indemnity provision that has been added to the City's standard agreement form. This provision differs from the City's standard agreement language and is considered to be a potential liability for the City. Therefore, the following paragraph has been incorporated into Section 15 of the City Standard Contract Agreement: "The CITY agrees to defend, indemnify, and hold harmless the CONTRACTOR, 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 CITY'S negligent performance of this Agreement." The proposed provision requires the City of National City Council's approval. The contract will be effective October 7, 2008 which will continue through December 31, 2008. The hourly rates for the classifications will be based on the agreement and fees shown on the attached Schedule of Fee (Addendum "A"). The cost of services will be financed by the relevant CIP funding. The proposed agreement signed by Manpower is attached for further review. RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH CPM LTD DBA MANPOWER OF SAN DIEGO FOR A NOT -TO -EXCEED AMOUNT OF $15,000 TO PROVIDE TEMPORARY ADMINISTRATIVE SUPPORT STAFF FOR THE ENGINEERING DEPARTMENT, AND APPROVING AN ADDED MUTUAL INDEMNITY PROVISION THAT DIFFERS FROM THE CITY'S STANDARD AGREEMENT LANGUAGE WHEREAS, the City desires to employ an employment agency to provide temporary administrative support staff for the Engineering Department; and WHEREAS, the City has determined that CPM LTD DBA Manpower of San Diego is qualified by experience and ability to provide the services desired by the City, and CPM LTD DBA Manpower of San Diego is willing to provide such services; and WHEREAS, at the request of CPM LTD DBA Manpower of San Diego, a mutual indemnity provision that differs from the City's standard agreement has been added, and reviewed and approved by the City Attorney's Office. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an agreement with CPM LTD DBA Manpower of San Diego in the not -to -exceed amount of $15,000 to provide temporary administrative support staff to the Engineering Department. BE IT FURTHER RESOLVED that the City Council approves the addition of a mutual indemnity provision in the agreement, which differs from the City's standard agreement language. Said Agreement in on file in the office of the City Clerk. PASSED and ADOPTED this 7th day of October, 2008. Ron Morrison, Mayor ATTEST: Michael R. Daila, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney AGREEMENT BY ANI) BETWEEN 7'IIE; CITY OF NATIONAL CITY AND CI'1vl LTD DIVA i\1ANI'OWFR OF SAN DIEGO 11IIS AGREEMENT is entered into this 7th day of October 2008, by and between the ('1 IY OF NA1'1ONA1. CITY, Y, a municipal corporation (the "CITY"). AND ('PM 1.11) 1)13A MANPOWER OF SAN 1)IE(.iO. a Nevada corporation (the " CON I RAC1'OR''). RECITALS WHEREAS. the ('ITY desires to employ a CON'I'RA('"I OR to provide temporary administrative support services: and WHEREAS, HE.REAS, the ('I'CY has determined that the CONTRACTOR is a contingent staffing, company 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. Fl11':RE1'OR1i. THE ll PARTIES IE.S 1l1 RETO 1)O M11J 111:A1.1.Y A(iRFL': AS FOLLOWS: I _ ENGAGEMENT OF CONTRACTOR. The ('ICY 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 kill he performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. COR. ?. SCOPE OF SERVICES. The CONTRACTOR will perform temporary administrative support services as set forth in the attached Addendum "A". The CONTRA("COR shall he responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services. except as authorized in advance by the CITY. The CITY may unilaterally, or upon request from the CONTRACTOR. OR. from time to time reduce or increase the Scope of Services to he performed by the CONTRACTOR under this Agreement. 1!pon doing so. the CITY and the CONTRACTOR OR agree to meet in good faith .utd confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. N9anpower Ar_recmcnt 9.-I i.OS Page 1 of 11 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly killings covering actual work performed. Billings shall include labor classifications. respective rates, hours worked and also materials. if anv. lire total cost for all work described in Addendum A shall not exceed fifteen -thousand dollars ($15,000) (the Base amount) without prior written authorization from the ('ity Manager. or City Council if the aggregate amount will exceed $25,000. Monthly invoices will he processed for payment and remitted within thirty (30) days from receipt of invoice. provided that work is accomplished consistent with Addendum A as determined by the CITY. The CONTRACTOR shall maintain all hooks, 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 ('i"I'Y. if requested. 5. ACCEPTABILITY OF \VORK. The City shall decide any and all questions \which may arise as to the quality or acceptability of the services performed and the manner of performance. the acceptable completion of this Agreement and the amount of compensation due. In the event the CONTRACTOR and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONTRACTOR in this Agreement. the ('itv 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 is through December 31. 2008. and may conclude earlier, at the sole discretion of the City. 7. DISPOSITION AND OWNERSHiP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans. Specifications and other documents prepared by the CONTRACTOR OR 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 ('TiY 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 I OR thereby expressly waives and disclaims. any copyright in, and the right to reproduce, all vyritten material, drawings. plans, specifications or other work prepared under this agreement_ except upon the ('ITY'S prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the ('ITY, execute any further document(s) necessary to further effectuate this xvaiyer and disclaimer. The CONTRACTOR OR agrees that the CITY may use, reuse. alter, reproduce, modify. assign. transfer, or in any other way. medium or method utilize the CONTRACTOR'S (:)R'S written work product for the CITY'S purposes. and the CONTRACTOR expressly waives and Page 2 of 11 Manpower Agreement 9' 15 08 disclaims any residual rights granted to it by ('iyil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents. drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14 but only with respect to the effect of the modification or reuse by the ('11'Y, or for anv liability to the ('IIY should the documents be used by the (II Y for some project other than what was expressly agreed upon xvithin 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 ('IIY'S employees. including hut not limited to retirement. medical. unemployment_ or \Yorkers' compensation insurance. This Agreement contemplates the personal services of the CONTRA(' FOR and the CON I RAC I OR'S employees, and it is recor'nired by the parties that a substantial inducement to the ('IlY for entering into this Agreement was. and is. the professional reputation and competence of the CONI RA(' l OR and its employees. Neither this Agreement nor any interest herein may he assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to preYent the ('ON 1 R:A(`I OR from employing or hirinLi as mane employees. or subcontractors. as the ('ONTRA('ITOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CON TR.'1C fOR with its subcontractor(s) shall require the subcontractor to adhere to the applicable terns of this :Agreement. �>. CONTROL. Notwithstanding the presence of any CONTRACTOR personnel at a CITY Y facility when such personnel are placed under this Agreement. CITY Y agrees to supervise and control the work, premises_ processes and systems to he performed by ('ONTRACTOIZ'S personnel. and to review and approve the corresponding work product. In addition. CONTRACTOR will control the development. quality and implementation of the work product. In the event CONTRACTOR is dissatisfied with the work product produced in vwhole or in part by anv CONTRACTOR personnel. ('II Y may request. the removal of such CONTRACTOR I OR personnel. The ('ON TRACTOR, 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 I,MV the CONTRACTOR. in the performance of the services to he 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 ('itv. vyhether now in force or subsequently enacted. t he ('ONTRA(' TOR. 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. Page 3 o1 1 1 M1anpo er Agreement 9'1 i:'08 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 CONTRA(') OR represents and covenants that the CONTRACTOR shall, at its sole cost and expense. keep in effect at all times during the tern 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 ('ONFR.ACi OR. in performing anv services under this Agreement. shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTOR'S trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR'S employees and members of the public from risk of harm arising. out of the nature of the work and/or the conditions of the work site. 13. t Jnless disclosed in writing prior to the date of this agreement. the CONTRACTOR warrants to the ('II'Y 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 ('11'Y otherwise. the CON"1'RACl'OR warrants that all products. materials, processes or treatments identified in the project documents prepared fir 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 Y for anv increased costs that result from the (_TTY'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, then 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 Corms 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 ('ITY 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 inlornnation to enable the ('ONl'RA('"IOR to effectively perform the services to be provided herein. The CONTRACTOR Page 4 of 11 Manpower Agreement 9'15'08 shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. Y. The CONTRACTOR RAC TOR shall limit the use and circulation of such information. even wvithin its own organization. to the extent necessary to perform the services to he 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 CONF1RA(_ 1 OR. hereafter disclosed in publicly available sources of information: (iii) is already in the possession of the CONTRACTOR RA(.'TOR without anv 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. fhe CONTRACTOR OR 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 ('I'I'Y. In its performance hereunder. the CON.I RACIOR 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 he liable to CITY for any damages caused by breach of this condition. pursuant to the provisions of Section 15. 15. INDEMNIFICATION :1NI) IIOLI) HARMLESS. The C'ON 1 RA(' I OR agrees to defend. indemnify. and hold harmless the City of National City. its officers and employees. against and from anv 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. "Me CITY agrees to defend, indemnify. and hold harmless the CONTRACTOR. 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 claitns. 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 ('I1 Y'S negligent performance of this Agreement. 16. WORKERS' COMPENSATION. 'l'he 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 ('ode 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 attorneys 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 he incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. Page 5 of 11 Manpower :\grecment 9 I5'011 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. 13. Commercial general liability insurance, with minimum limits of $1,000.000 per occurrencei$2.000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. C. 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 he provided prior to commencement of work under this Agreement. 1). The aforesaid policies shall constitute primary insurance as to the CITY. its officers. employees. and volunteers. so that any other policies held by the ('I1Y 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 (.'IIY and its officers_ agents and employees as additional insureds. and separate additional insured endorsements shall be provided. E. If required insurance coverage is provided on a "claims made- rather than "occurrence"' form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and anv extensions) of this Agreement. In addition. the "retro" date must he on or before the date of this Agreement. G. Any aggregate insurance limits must apply solely to this "Project-. I [. Insurance shall he written with only California admitted companies which hold a current policy holder's alphabetic and Financial size category rating of not less than A VVII1 according to the current 13est's Key Rating Guide, or a company equal financial stability that is approved by the ('ilv's Risk 1\lanager. 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 I.ines Insurers (LI S1,1 list) and otherwise meet rating requirements. I. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with. are filed kvith and approved by the CI Y'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 ('IIY may elect to treat the failure to maintain the requisite insurance as a preach of this Agreement and terminate the Agreement as provided herein. .1. All deductibles and self -insured retentions in excess of $10.000 must be disclosed to and approved by the CITY. 18. LEGAL FEES. If anv party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or anv 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 he entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. Page 6 of 11 Manpower Agreement 91508 For purposes of determining who is to he considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not he considered in determining the amount of the judgment or award. Attorney's tees to the prevailing party if other than the CITY shall. in addition, he limited to the amount of attorneys fees incurred by the CITY in its prosecution or defense of the action. irrespective of the actual amount of attorneys 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 he final and conclusive upon the parties, and a judgment thereon may he entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall he borne equally by the parties to the arbitration. provided that each party shall pay for and hear the costs of its own experts, evidence and attorneys. fees. except that the arbitrator n►ay assess such expenses or any part thereof against a specified party as part of the arbitration award. 20. TERRIINATION. A. This Agreement may he terminated immediately with or without cause by the CITY. at any time. effective upon oral or written notice. B. This Agreement may also he terminated immediately by the CITY for cause in the event of a material preach 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. Y. (.. Termination with or without cause shall be effected by delivery of written Notice of' "Termination to the (.:ONTRAC I OR as provided for herein, or by oral Notice of Termination to the C'ONTRA('IOR. 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 he delivered to the ('IlY. and the CONTRACTOR OR shall he 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 "Ter►nination, not to exceed the amounts payable hereunder. and less any damages caused the ('IIY 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 CONTRA(' TOR; (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. Page 7 of 1 1 Manpower Agreement 9.;t5.'OR 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, except as provided in section 20.('.. 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 he 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 l.lnited States Postal Service. (iv) if given by telegraph or cable, xvhen delivered to the telegraph company xvith 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 he directed to the following persons: "10 the CITY: "I'o the CONTRACTOR: Nfaryam Babaki City Engineer City of National City 1243 National City Boulevard National City. CA 91950-4301 Trevor Blair Business Development Manager Manpower 2225 Camino Del Rio South. Suite 1? San 1)ieyo (.'A 92108 Notice of change of address shall he 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 he 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 pertorm services of any kind for anv person or entity vvhose interests conflict in any way with those of the City of National City. I'he 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 ('ode. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any (natter 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 \could require it to disqualify itself from anv matter on which it might perform services for the ('ITY. Page 8 of 11 Manpower Agreement 9/1 508 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 'orris which the CONTRACTOR shall obtain from the City Clerk. The C()N1 RAC1 OiZ shall be strictly liable to the ('(FY for all damages. costs or expenses the CITY '' niav sutler by virtue of any violation of this Paragraph 21 by the ('ON'l'RA(' I OIZ. MISCELLANEOUS PROVISIONS. A. ('on'lpututian of Time Periods.. if any date or tune period provided for in this Agreement is or ends on a Saturday. Sunday or federal. state or legal holiday. then such date shall automatically he extended until 5:00 p.m. Pacific Time of the next clay which is not a Saturday. Sunday or federal. state or legal holiday. B. (.ounle'rpurts. This Agreement may be executed in multiple counterparts. each of which shall be deemed an original. hut all of which. together. shall constitute hut 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 he used for the interpretation or determination of the validity of this Agreement or any provision hereof. Ohliiations to Mini Parties. Except as otherwise expressly provided herein. the execution and deliver of this Agreement shall not he deemed to confer any rights upon. or obligate any of the parties hereto, to any person or entity other than the parties hereto. Exhibits. aiul ,Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. An/cm/mew to this Agreement. The terns of this ;A_greeinerlt slay not he modified or amended except by an instrument in writing executed by each of the parties hereto. (;. 'fairer. 'I he 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. 11. : t pplie•clhle Lair. This Agreement shall he governed by and construed in accordance .with the laws of -the State of California. 1. Entire .I re'enlc'n1. 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 he ()laity effect unless it is in kyriting and executed by the party to he hound therek . .1. .Sllce'e.s.corc and Assigns. This Agreement shall he binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. (ollsll'li('llon. 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. (Ill) each such part' has consulted with or has had the opportunity to consult with its own. independent counsel and such other prolcssional advisors as such party has deemed appropriate. relative to any and all matters contemplated under this Agreement, (iv) Page 9 of 11 Mantwecer Agreement 9'1 i,08 each party and such party's counsel and advisors have reviewed this Agreement, (y) 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 WI"I'NFSS WI WREN'. the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL ('I"1'1' (I'1•'I Ltd DBA MANPOWER OF SAN DIEGO (Signatures of tn'o corporate officers required) 13y: Chris Zapata City Manager A1'PROVI.:I) AS To I ORm: George II. Fiser, III City Attorney 13y: (:Vamc') -k- , i• �...- 9l1 -- (Print) / IIAL A'fc ToA ("Title) • L— (\Ta,ne) LAX,' 13/�.�✓ L;j.h - !2Xvilec t /(-AG.LLam% (Title) Page 10 of 1 1 Manpower Agreement 9/1 5/08 ADDENDUM A Scope of Services: 'This agreement shall cover all services (provided to the ('it\ of National City by Manpower for administrative support which includes, but is not limited to. performing general office duties such as answering. phones, tiling. sending and responding to emails. scheduling. vyord processing and excel program. Hill Rate: Current temporary employee assigned from Manpower to The City is Charles Marcus Alvarez at $25.60/hr.. inclusive of all taxes and insurances. Bill rates for future assignments will depend on the skills requested by the City, as well as the minimum pay rate required by the temporary employee. Manpower will provide a quotation to the City for review prior to the provision of any services. Duration of Agreement: 10/07,12008 through 12/3 I /2008. Page 11 of 11 Manpo ver Ageement Q'15:08 City of National City, California COUNCIL AGENDA STATEMENT .AEETING DATE October 7, 2008 AGENDA ITEM NO. 8 ITEM TITLE A Resolution of the City Council of the City of National City approving Change Order Number Fifteen to Koch -Armstrong General Engineering, Inc. for the National City Street Resurfacing Project FY 08-09 (Phase 2) in the amount of $184,065.75 for Valley Road Sidewalk Improvements and authorizing the Mayor to sign the change order. (Funded through Traffic Congestion Relief, Gas Tax, Proposition A, Proposition 1b Funds, and CIWMB Grants) PREPARED BY Kenneth Fernandez EXPLANATION Please see attached page with explanation. DEPARTMENT Engineering EXT. 4388 J Environmental Review X N/A Financial Statement MIS Approval Approved By: Finance Director The total cost of the project is estimated to be $6,925,100 via resolution # 2008-107 . The total amount for change order No. 15 is $184,065.75 and is within the estimated budget for this project. Funding is available through Gas Tax Fund Acct No 109-409-500-598-6035, Traffic Congestion Relief Fund Acct No. 345-409-500-598-6035, Proposition A TransNet Fund Acct No. 307-409-500-598-6035, Proposition 1 b, and CIWMB. Account No. STAFF RECOMMENDATION Adopt the Resoluf n. BOARD / COMMISSION RECOMMEND ION N/A ATTACHMENTS (Listed Below) Resolution No. 1. Resolution L 2 • Change Order #15 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. Change Orders #1 through #14 were previously approved for a cumulative amount of $74,261.96. The current total contract amount prior to this recommended change order is $5,401,261.96. Staff is recommending the approval of change order #15 in order to complete new concrete sidewalk improvements on Valley Road between Sweetwater Road and Calle Abajo in order to provide a walkable area and safer pedestrian access. With this change order request, the contract cost is increased by $184,065.75 resuting in a new contract amount of $5,585,327.71 for this project. Staff is recommending the approval of contingency work care of Change Order Number Fifteen in the amount of $184,065.75 for Valley Road Improvements. As stated in the Financial Statement, the total budget of the project is estimated at $6,925,100 by resolution No. 2008-107. This amount includes the construction bid price of $5,327,000.00 plus approximately 20% ($1,065,400) for contingencies, 5% ($266,350) for construction management, 2% ($106,540) for materials testing and surveying, and 3% ($159,810) for inspection services. 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 MAYOR TO EXECUTE CHANGE ORDER NO. 15 TO KOCH-ARMSTRONG GENERAL ENGINEERING, INC., FOR THE NATIONAL CITY STREET RESURFACING PROJECT, FY 2008/2009 (PHASE 2), IN THE AMOUNT OF $184,065.75 FOR VALLEY ROAD SIDEWALK IMPROVEMENTS WHEREAS, on June 17, 2008, the City Council adopted Resolution 2008-107, awarding 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. 15 in the amount of $184,065.75 is recommended to complete new concrete sidewalk improvements on Valley Road between Sweetwater Road and Calle Abajo to provide a walkable area and safer pedestrian access. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute Change Order No. 15 with Koch Armstrong General Engineering, Inc., in the amount of $184,065.75 to complete new concrete sidewalk improvements on Valley Road between Sweetwater Road and Calle Abajo to provide a walkable area and safer pedestrian access as part of the National City Street Resurfacing Project, FY 2008/2009. PASSED and ADOPTED this 7th day of October, 2008. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney ((-L- 2 - F) ('ON.I RA('FOR" KOC1 [-.ARN-IS 1 R(:)N(; Approved hy: NIAVOR 1):1I F: ('(': Construction pile Inspector CHANGE ORDER C.C.O. Number 15 Fo (Contractor): Frank I lerrera CO Initiation I)atc: September 24, 2008 Contractor: Koch -Armstrong Project: National ('itv Resurfacing Project. F'' 07-08 General I:nginecring Project Specification No.: 08-04 A Change Order is herehv recommended tur the 1ollowit work in the amount identified in this DESCRIPTION OF CHANGE: This change order is to complete Vallee Road Improvements (Nev sidewalks) in the <unount of $184.065.73. See attached contract change request (proposed costs and schedules) dated September 23, 2008. ('OS'F RECONCILIATION: Costs were reviewed by the City Project Manager and negotiated with the Contractor. Construction Contract Accounting Summary: The original Contract Amount $ 5,327,000.00 Net change h\ previously authorised Change Orders $ - -_ 74,261.96 [ he contract :Amount prior to this ('hangs Order S 3,401,261.96 With this Change Order request, the contract cost is increased by New Contract :Amount Change in Contract .1 ime: Contract Completion [)ate: Revie 'ed h� : 3— _ 184 065.75 S 5,585,327.71 25 Working Days November 3. 2008 I ANA(.►F R I):A"I F. ZINCIP:\l. ('I\'II. 1•.N(f NF.FIZ g/���. 1)AlI: ('II A l:NGINI.I:It 1).\ l 1.. Accepte: 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 #26 VALLEY ROAD IMPROVEMENTS O NATION!.( CITY STREET RESURFACING FY 06-07 1243 NAIIONAI CITY BLVD f:AT)CNA( CI rY . CA 91950 PAGE. 1 OF 1 IREVISION 1 9 23-06) AT1N. BYRON WADE IEL (619)336-4380 FAX (619) 336 4397 EMAIL byrorlwadel@mac cc DATE 9/23/2008 Vo.2!9Pose to furnish all labor, material, and equipment necessary to perform the following items of work, subiect to terms and conditions stated. _his quotation elcpires 30 days from the date above and is Good for work completed within one year of date above unless otherwise noted. OB LOCATION VALI hY ROAD 11E IWEFN SWE.E TWAT EFT ROAD AND CAI 11 ABAJO OEN1IFIED NATIONAL CITY S I PEET RESURFACING PROJECT ". CHANGE ORDER PFROPOSAI. #26 RV 1- VAL(FY ROAD IMPROVEMENTS ITEM DESCRIPTION 1 CLEAR & GRUUB 2 DEMO AND DISPOSE OF EXISTING IMPROVEMENTS 3 INSTA(I CURB AND GUTTER PER SDRSD (TYPE G-2) 4 INSTAL SIDEWAI K (TYPE G-7) 5 INS TALI sll) WA( K TYPE G-7(WITH THICKENED BACK EDGE 6 RE LOCAI( EXISTING SIGN POST 1NST 4 HIGH CHAIN i INK F ENCE HYPE MCI 8 NS1:•.I i P1 0 RAMPS'-- --- 9 INS I ALL MODII LED CURB OUTI 1' I(TYPE 0.25)__ 10 INSTALL 11. CURB INI E T (TYPE 12 13 14 15 16 RJS TALI 1'!F'L F CATCH 13ASIN INS1A1 L GONCRE ILUG (STORM DRAIN — IN2TALL 24- RCP 20000 STOOM DRAIN RA;SF MANHOi E IN SIDEWAK AREA REMOVE AND REPLACE 4" YELL OW DASHED LINE SIGNS:NO PARK;NG ANY TIIM .' TYPE R26 17 IN S1ALL 24' RESIDENTIAL DRIVEWAY OPENING (G 1413) 181-CY?USS-GUTTER PER G-12. FINE -GRADE SETUP AND POUR \ 19_4iNS IA. 30_RESIDENT IAI DRIVEWAY OPENING(G'140) 20 _IADD ALTERNATI #I OBTAIN SD F'LRMI I ANU INSTALL PE RAMP —. if ASISIDE OF CALLE ABAJO-CITY OF SD) rSUBTOTAL 'BONDING TOTAL BID APPROX QUANTITY 1 UNIT UNIT PRICE TOTAL. l S 17435 00 17435 00 LS 1706 Lf 5890 SF 213 LF 1 EA 213 Lf 5 LA 2 EA 1 EA 10 200 7 195 400 210 1 EA EA LE EA LF EA SF SF 34490.00 34490.00 21 55 36764.30 4 20 5940 140 00 31 50 1660 00 1250 00 9120 00 24738 00 12652 20 140 00 6/09 50 8300 00 2500 00 9120 00 8020 00 8020 00 1280 00 1280 00 300 00 3000.00 98(l 00 5 10 21500 980 00 1020 00 1505 00 13 05 2544.75 13 25 5300.00 SF 13 20 2772.00 EA 247500 2475.00 LS---_, ,--181745.75 LS 2320.00 LS 164065.75 ONO1I1014 i Lines not include perm. s. [Ands any IP1n el eny.neua19,suk.ng Iestlny. tns,wcu0n el[ 1. base under concrete'e(lwood headersstrong. nadir. c(Pdrol cr aUlity arllusimenl unless otherwise specified Monthly Plnyress Payments and Full Payment upon camoleI on Accounts are del,nquer'.1 after 30 days and they are subject to the maalmum finance cnaryn alk,wable by law .:(t,n to he doM .n accordance with plans. spectft'.attonl and quanhlres dlenlll,ed above KOch•Arrnsnony C, :ne,al rngmees:ng Inc shall be noticed rn wrhtny otter to any Jwopll0en changes Subyrade to be 12lten IIOOI • 1 U 10 balance and at or below Ophm.nte mo,slure before Korn Armstrong General Lnguleenny Inc begins work unless olnerwrse 51:yc,lr(•:1 ,;,y unusu.JI cand.h,ns nl subscal encnunlered. su:.l1 as buried suns Underground p,q ). Trash deposlls etc. shall Le deemed cause for additional changes R1- Iuhrel (; al,.';; rnha Yrel,n„nu,j 1 ,en ,r.lo.'mabon t:',,,forma Cann Code Section 309 �;3096i shag Dr: prowled to Koch /.rmsuung (:l'nera. Engineering Iny before wont b••.:.ns ,ub,c':I'.; (,renal Approval an; vonhr:at.on OI (.abiurn..1 T telt:natal y I ten ,nfOrrnai3On -la+,. / rh...1. tat it ,r.. toiled is l .1 ,ecyc/ed Class 2 per Lallrans Standard Specdtcabon Sectun 26 unless otherwise n0led cce pia OCR • ..tin :d Ten i.n Jn•, ,ttn, I:us Uuuia , _U1snlnles the ,. „r....r,ty .,y�. ,r c h o, o, .I h� . ruyctiahers ..t. .t.l In, n., nn pf •1, lone c' env, I inn: NA ICNAL (.11Y F,IRELT RESURFACING 1 Y 06 07 Date By KOCH-ARMSTRONG GENERAL ENGINEERING, INC. FRANK TERRI-RA 9:23/08 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 #26 VALLEY ROAD IMPROVEMENTS PACT 7 CT 2112E.'ISI(i1. I 9 2:! CP,• TO NATIONAL. CI I'r S1RLLI RESURf ACING FY 06 0 124:1 N%..110N:..1 (:IT'r kit VU N:- 01121 CI I Y -,1 91960 AT IN FiYRUN WADE TE.I. r,619)336 4380 FAX r 619; 336 4397 EMAIL byronvradel@rnac DALE 9/23i2008 We s/ropose to furnish all labor, material, and equignent necessary to perform the following items of work, subject to terms and conditions stated. This quotation expires 30 days from the dale above and is Qood for work completed within one year of date above unless otherwise noted. JOB LOCATION IDENTIFIED ITEM `/Af LEY ROAD RE T(VL1 N SWEETWATER ROAD ANL) CAI I F ARAJO 'NATIONAL CITY STREET RESURFACING PROJFC I " CHANGE ORDER PROPOSAL #26 RV 1 DESCRIPTION TERMS- INCI 110ES UNE: MOVL IN NATURAL GRAY CUE OR/ 2500 1'SI MEDIUM BROOM FINISHED CONCR1 I1 REPAIR 11)51C;AI I.^,N DAMAC;LD BY KOCfI ARMST SONG ADJUSTING PRFCAS1 BOXES IN C(NJCRF IE VAI I FY ROAD IMPROVEMENTS APPNOX. QUANTITY UNIT UNIT PRICE 2 !.x•.a u()=6 ADJUSTING CITILITILS. BASF UNDER CONCRF TE OR ASPIIAL 1, DEMOLITION SAWCU FTING. PREVAILING WAGES Li M P s. TOTAL 11l3lf I•VOFFKEND:HOL IUAY WORK DAYS, BRICKWORK' ('AVERS DECORATIVE HARDSCAPE. PRFCASI BOXES. SWPP; WPC PLANS. I ISA' f IC CONTROL OH PI AN, BONDS. SURVEYING:S TAKING, SIPIPING. DOORKNOB Nona S• REINFORCEMENT i ANDSCAPING) IRRIGATION. F.( IL IS. SI FEVES' TEMPLATES) EMBE()ED IN CONCRL.If- 11EMS PETROMAT. SANDBLASTING V'1 WOI-)K/I AHOR/ MATERIAL S OR HEM NOT SPECIFICALLY STATED IN QUOTE 3 CKNOWI.EDGEADDLNDUMS 4 PAYMENT FOR WEIGHTED BID ITF.MS 10 BE BASF() ON ACTUAL. TONNAGE PLACED AS DE ILHMINFI) BY CERTIFIED WEIGHT TICKETS ti Rio MFNI f OR DISIANCE BID ITEMS 10 BE BASED ON ACTUAI f IELD MFASUREMENIS Lam_ -7._ 6 SUE GRADE TO BE TAKEN AT 10' TO BALANCE COMPACTED TO PROJECT SPECIFICATIONS AN() Al OR BELOW CPIIMUMMOISIURE (:711!.R9 TO PROVIDE TOR L- 1S WASHOUTS WATER AND WA 1 FR ME IER FOR CONSTRUC IION USL SURVEY AND SLAKING PER GRE ENBOOK SPFCII it12IIONS ACCESS 10 ALL CONS IRUCI ION SITE REAti---- --- --- ---- ---- — — -- - - UCAJTF BASF I) 1 CORING OF f FNCE POST HOt FS EXCLUDES .. ONDI T li )!13 i Does nr.I'11.100e penrds bwWs any 10,11 of engineerrnyt:•lakrng testing. Ins1'echon etc i Ease under concrete, ,e3wrx,fl heade's sl" prny traffic •.on!:n! or ubh;y adjustment unless oth,ny,se spec:lied i Monthly i'rogress Payments arid Fu:l Payment upon somplehor. A,.counls are ^ennauenl ester 30 days and they a, sotjet l lc the Inaxunarti finance charye allowable by law Wort, to be done rn ` . ordan;,e wrath plans specificanur:s and guanlilres 'dent:lie:1 abuse Koch Armstrong Genem ,al Enyeerir.g. Inc shall be r,,na l'ed u: ending prt Io any proposed cr'anyes t Suby:e,le 1c be lakcnbpm •-. y0' tc t,alarx,e and at or la',ow optimum moisture beta, Kurth Armstrong General Eryineerng lrIo becans wod. unless otlnewrse specdred •. ,,. ,.n43 c.. nd,ho,•s o! sub:.o'I to ount•::ed such as burred slabs underground pop:rag trash J•:posds en: snarl be ',,erred r „use':, add,l•ona: soarges Redw:ed C. aldnrma :Tenser any Lae' r'a r:nancn aldornra C al Cade Secte n 309):3(.98i .hall be pw.•d<:d ::r Koch A:r's:`ark; r3erera, I r'g:nee':ny In: ca•fi:re wank beams ' S.,ble'.I tc i. roar: Ant loyal ao:l .en6: anon p1 (.aldo,n,a faehrr.n,ay ..,en 'ntorrnanor. ! (.la'.:4- reCyr.. d ..lass 2 InI ,-u.tranti Slanda;l Specr ica::.:n So-Ilr.n ,.) sole';s ::n'erwne :.00 ekcceptallce. rimy 1' o1ICN By r Lease tign art, retur n sure p, This .n,,,1at.On Lungnn.Iel [nr• >C'te and only .yyr eemenl Any poor ayreenen15 ncgel.nllr:ns • I nl_I tint forth hs rrus ar, cl no S1RFl. I RESURFACING FY 06-07 KOCH-ARMSTRONG GENERAL ENGINEERING, INC. By: 9/23108 Date f RANK HLRRFRA — -- --- --- -- — - erna,led 9k7 1:2008 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 7, 2008 AGENDA ITEM NO. 9 ITEM TITLE A Resolution of the City Council of the City of National City accepting the work performed by Koch -Armstrong General Engineering, Inc. with the final amount of $946,410.00 and authorizing the filing of the Notice of Completion with the County Recorder for the National City Street Resurfacing Project, FY 06-07. (Funded through Gas Tax, Proposition "A" TransNet, Traffic Congestion Relief Funds, CIWMB Grant, and General Funds) PREPARED BY Kenneth Fernandez EXPLANATION Please see attached page with explanation. DEPARTMENT Engineering EXT. 4388 Environmental Review X N/A MIS Approval Financial Statement Approved By: p The total cost of the project is $946,410 and is less than the $1,135,027 allotted per Resolutions 2007�62, 20F V951, zuut-zf38, and 2007-263. Change Order No. 1, 2, and 3 increased the budgeted amount by $150,000 from CIWMB Grant, $48,700, and $33,093 with General Fund Account No. 001-409-500-598-6035. Account No STAFF RECOMME DATION Adopt the Resolutioh. BOARD / COMMISSION RECOMMEND ION N/A I ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Contract Final Balance 3. Notice of Completion SPEC 06-03 A-200 (Rev. 7/03) EXPLANATION On April 3, 2007, per Resolution No. 2007-62, the City Council awarded a contract to Koch - Armstrong General Engineering, Inc. in the amount of $694,152 for the construction of the National City Street Resurfacing Project, Specification No. 06-03. On October 16, 2007, per Resolution No. 2007-237, Change Order No. 1 provided for two additional streets to be paved with a cost in the amount of $169,628 for paving and street improvement work. In addition, a grant for $150,000 from the Califomia Integrated Waste Management Board (CIWMB) was accepted and included to this project's budget. On October 16, 2007, per Resolution No. 2007-238, Change Order No. 2 provided for repair and pavement of the City Hall Upper Parking Lot for $48,700. It included digout and repair of failed areas of pavement, removal and replacement of 6 inch asphalt dike/berm at damaged locations, cold plane existing pavement 6 feet along the edges, installation of 1.5 inches of asphalt pavement, and restriping of parking stalls. On December 4, 2007, per Resolution No. 2007-263, Change Order No. 3 provided for the crack repair and resurfacing of six tennis courts in El Toyon Park and Las Palmas Park for $33,930. On July 21, 2008, a final inspection was completed. The work was found to be in accordance with the approved plans and specifications. Therefore, Engineering Staff recommends the acceptance of the work and the filing of a notice of completion for the National City Street Resurfacing Project FY 06-07, Spec. No. 06-03 The construction bid price of $694,152 plus approximately 20% ($138,830) for contingencies, approximately 10% ($69,415) for materials testing, inspection, and/or surveying, CIWMB Grant, and additional funding due to Change Order 2 and 3 gave this project a total budget of $1,135,027. The total cost of the project is $946,410.00. The latter amount includes the construction bid price of $694,152, plus the amounts due to all three change orders and is under the project budget. RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE FINAL CONTRACT BALANCE CHANGE ORDER IN THE AMOUNT OF $946,410 FROM KOCH-ARMSTRONG GENERAL ENGINEERING, INC., AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE NATIONAL CITY STREET RESURFACING PROJECT, FY 2006/07 WHEREAS, on April 3, 2007, the City Council adopted Resolution No. 2007-62, awarding a contract to Koch -Armstrong General Engineering, Inc., for the National City Street Resurfacing Project, FY 2006/07; and WHEREAS, a change order is required to finalize the contract quantities and construction completion time, and to address the adjusted work for acceptance of the project completion. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City hereby approves the Contract Final Balance Change Order in the amount of $946,410 for the National City Resurfacing Project, FY 2006/07. BE IT FURTHER RESOLVED by the City Council of the City of National City as follows: It appearing to the satisfaction of the Engineering Department that all work required to be done by Koch -Armstrong General Engineering, Inc. for the National City Resurfacing Project, FY 2006/07, has been completed, the City Council of National City hereby accepts said work, authorizes the filing of a Notice of Completion, and orders that payment for said work be made in accordance with said contract. PASSED and ADOPTED this 7th day of October, 2008. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney FINAL. (CONTRACT BAI.:1NCE CHANGE ORDER DATE: October 7. 2008 PROJECT: National City Street Resurfacing Project, I Y 06-07 Specification No. 06-03 '['O: Koch-.\rntstrong General Engineering. Inc. Chris :Armstrong, President P.O. 13ox 1190 Lakeside, CA 92040 OIZI(iIN:A1. ('ON I RA('"1' .ANIOt'N"l : START DATE: ('ONIPI I : I ION DATE: DESCRIPTION OF CHANGE: S694,152 June 4. 2007 February 28. 2008 This change order is \\ritten to balance and finalize the amounts for said project. Item \lobllvatlon 1 FAIR:Control 1-\sphalt Rubber < :Aggrcuate 1 \1enlbrane ( Al<A1\11 l I\pc 11 Slum A-i-)halt [tubber Ilot (\li.\ (iap ( Traded 1 - 6 1.c‘eling Course including crack cleaning_ speed bumps x. misc. patch Cold !Vln 1 :Adiust Manholes to ( trade d) :\djust Val( c Cans] land -holes to (Trade 111 • 1RkR Si(led\:rlk 1 1 (.'urh and (iuttcr 1< R (rocs ( inner_ 13 1 ral- is Striphin` 1,1 1 ReinsIall liallic 1.(x�ps 15 I )etno and install ped. rarllps 1(6 I)ento and install alley apron I I 1\elove and replace 6A.(. Dike I S 1 (unstru::t (i 1 Concrete (`urh 1 Unit I IS SY 11 Current ('ontract Bid Qty S}' 9119 Si ... 110 171 Si i 169.231 Unit Price I Amount $27200.00 • 527.200 00 s 1 1 60i) 00 j S-11.600 00 St; 20 I $277 307.-10 52 80 S81.533 20 Sl 17 [ S161.35107t SO 66 so 37 $ 3 3 l 00 .. S 1 56 uu $11 00 I -1 S4S00 ; 520 00 1 S I S. 320.00 51-11) 00 $7.720.00 —. S3150I 1;761 - 9 17 $111,692 16 $1 5,988.81 $8.275 00 $5.928 00 Adjusted Contract (No Adjustments made after CC() N.3) Qty Unit Price Amount 1 T S27,200.00 527.200 00 I $.11.600 00 S.11.6(1(1 ((0 11.'-'.7 S6 20 I- S27- :07 4l1 - $11.51700 111.1- S5.670.0(126 S38. (00 00 l 19i)� SI8.320.00 1 I S 12,320.00 28 $5440.00 S38,5 3650 2.159 j2 I.600.7 $2 80 5BI.53 3 20 51.1' $161.351 07 S0.66 S I I I.692 T16 $037 S15.98881 r- $331 0(1 $8.275 00 $1 56 00 $�'128 00 $II00 SI1.51700 5( 5 00 $5.6711110 1 20 $38.100 00 S18.127(()) 18.3 0out()) $18.32000 I{ 5.1410.00 $12.3 20 00 1 '00( 2 1 $� $2.. _.. -- _ I � 140 (10 1 1 17 $34 50-38.536 50 I I37-.-1 1376 ._ 2.(5')12 93 -19.-17 4.600.7I Page 1 FINAL CONTRACT BALANCE: CHANGE ORI)I?R 19 ( -old Plane I:xistinu .A.(. 6- S.I. \\ride. 0-1.5' deep 0 1 I)igout and Patch Failed Areas S.I ' itll -1'' Asphalt Concrete Clean. lack, Install 1 5- Asphalt ()� erla\ 22 1 Sand Seal 1161 22000 S.F. 22000 2; j Stri p ine I ..5. 1 (. Olead Total of two additional streets /, l/XOrbe(11n lisle itetll_', above) (-02 ; Repair ofC:ity !tall Upper Parking Lot (. 1) orhed in ltrlc' rictus above) CO-; (:rack Repair and coating_ of f..S. tennis courts at E. I f o\on and 1.as Palmas Parks (:rand Total DISCUSSION: Added Tine items: See Note to left See Note to left 0.9-1 971.16 316-1 4- .06 13.605.06 _3351 1 .01 22.880 00 22000 • 0.07_ - 1.540 __22001► 940.95 L 940.95 1 694,152 169,628 - 48.700 33,930.00 33,930.00 0.94� 4.06 I .0-1 0.07 940.95 See Note to left See Note to left 2.97-1.16 13.605.06 22.880.00 I.3-10 940.95 694,152 169.628 48.700 33,930.00 31,930.00 S946,4I0.00 1 No additional line items have been added alter Construction Change Order Number Three dated December 4, 2007. per Resolution Number 2007-263. CONTRACT ADJUSTMENT: As a result of this change order, the contract price is adjusted as follows: .As per Construction Change Order Number Three, the final contract price to date remains $946,410. As a result of the satisfactory completion of said project, a retention balance for S94,640.95 is set for invoice processing and payment upon the receipt of required signatures and City ('ouncil's ratification of this agreement and the Notice of Completion. This document and its purpose to balance payment shall be considered full compensation for furnishing and installing the materials, labor, tools and equipment, profit. overhead. and all incidentals for performing the work described above. Koch -Armstrong (General Engineering. Inc. will not he entitled to damaLges or additional payment for delays as described in the 1997 edition of the Standard Specifications for Public Works (construction. Section 6-6.3. for performing the work as described ahoye. Pave 2 FINAL CONTRACT BALANCE CIIANCE ORDER RECONIMENDED FOR APPROV.AL BY: „e/taita OeY/2q/00 Kenneth Iernandez DATE: CIVIL ENGINEERING TECIINI('IAN IZEVIEWEI) BY: Din Daneshlar, PIZINCIPAI. CIVIL ENGINEER Marvatn Babaki. P.E. DATE CITY ENGINEER A( CEPTEI) BY: Koch-Arinstrong (Jeneral Engineering. Inc Di\TE CONTIZ:\(7l()1Z APPROVED In': Ron Morrison MAYOR City of National City Resolution Number: Street Address RECORDING REQUESTED BY WHEN RECORDED MAIL. TO: NAME: CITY OF NATIONAL. ('t►Y ADDRESS: 1243 NAIIONAI. (TY BOULEVARD NATIONAL ('IIY, CA 91950 NOTICE OF COMPLETION CALIFORNIA CIVIL CODE SECTION 3093 NOTICE IS IIEREBY GIVEN of the completion on October 7, 2008, of the National City Street Resurfacing Project, FY 06-07, Specification No. 06-03 Work of improvement or portion of work of improvement under construction or alteration. on the premises located at various street sections throughout National City, CA 91950 City State Zip Code The undersigned owns the following interest or estate in said property: N/A Nature of the interest or estate of owner (mortgagor, lessee, etc.) Said work of improvement was performed on the property pursuant to a contract with Koch -Armstrong General Engineering, Inc. Name of Original Contractor The following work and material were supplied: Laborer Groups, Bob Cat, "Trucks, Temporary Pumps, Cement Masons, Operators, Paving Equipment, Traffic Control Equipment, Sweeper, Loaders, etc. General statement of kind of labor, services, equipment or materials The names and addresses of co -owners are: N/A Joint tenants, tenants in common, or other owners Dated: , 2008; Signature of Owner City of National City, 1243 National City Blvd., National City, CA 91950 I, the undersigned, say: 1 have read the foregoing Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the forgoing is true and correct. Executed on , 2008, at , California. Signature: RON MORRISON, MAYOR NOC 0601 City of National City, California COUNCIL AGENDA STATEMENT AEETING DATE October 7, 2008 AGENDA ITEM NO. 10 ITEM TITLE A Resolution of the City Council of the City of National City approving Change Order Number 39 to M.A. Stevens Construction, Inc., for the National City Library Remodel Project in the amount of $66,347.27 for the Emergency roof and staircase repair on the Historic Kimball House, and authorizing the Mayor to sign the change order. (Tax Increment Funds) PREPARED BY Adam Landa DEPARTMENT Engineering EXT. 4394 EXPLANATION The Kimball house, located on A Ave. south of 9t St., requires emergency roof and staircase repair. The house is now a museum and is of great importance to the community. The roof is completely compromised and there is an imminent danger of severe damage to the structure should it rain. The roof was installed in 1977. The exterior staircases have dry rot and termite damage. There is a potential of collapse and possibly injuring someone. Doing the emergency repairs at the present time would also be cost and time effective. Emergency repair work is authorized without following the. competitive bid process pursuant to the Public Contract Code if the City Council finds, by 4/5 vote, that the public interest and necessity demand the immediate expenditure of public funds to safeguard life, health, or property, The City's contractor, M. A. Stevens Construction, Inc., has submitted a proposal for the emergency work of approximately $40,407.16 for the composition roof and $25,940.11 for the staircases including painting. We had other proposals and his cost is in line with the others or below them. The estimated cost for the emergency work will be $66,347.27. Environmental Review X N/A MIS Approval .. Financial Statement Approved By: The funds will be transferred by the CDC from Account No. 511-2501 (Tax Incrementuncesignated Fund Balance) to account no. 511-409-500-598-3005 Account No. 511-409-500-598-3005 STAFF RECOMMEN ATION Approve resolution, BOARD / COMMISSION RECOMl1 DATION N/A ATTACHMENTS 4LisMed Below) 1. Change Order No. 39 Resolution No. A-200 (Rev. 7/03) RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE CHANGE ORDER NO. 39 IN THE AMOUNT OF $66,347.27 TO THE CONTRACT WITH M.A. STEVENS CONSTRUCTION, INC., FOR THE NATIONAL CITY FORMER LIBRARY REMODEL PROJECT, FOR THE EMERGENCY REPAIR OF THE HISTORIC KIMBALL HOUSE ROOF AND EXTERIOR STAIRCASES WHEREAS, the Historic Kimball House, located at 923 "A" Avenue, is an historic site that now houses a museum, and is of great importance to the community; and WHEREAS, the roof of the Kimball House, which was installed in 1977, is completely compromised, and there is an imminent danger of severe damage to the structure should it rain; and WHEREAS, the exterior staircases of the Kimball House have dry rot and termite damage, which creates a potential for collapse and a threat to public safety; and WHEREAS, on March 4, 2008, the City Council adopted Resolution No. 2008-43 awarding a contract in the total amount of $1,108,000 to M.A. Stevens Construction, Inc., for the National City Former Library Remodel Project; and WHEREAS, M.A. Stevens Construction, Inc., has submitted a proposal for the emergency repair work on the Kimball House in the amount of approximately $40,407.16 for the roof, and $25,940.11 for the staircases; a total of $66,347.27; and WHEREAS, such emergency repair work is authorized without following the competitive bid process pursuant to Section 20168 of the Public Contract Code if the City Council finds that the public interest and necessity demand the immediate expenditure of public moneys to safeguard life, health, or property; and WHEREAS, it is recommended that the emergency repair work on the Historic Kimball House be undertaken by M.A. Stevens Construction, Inc., pursuant to Changer Order No. 39 to the contract for the National City Former Library Remodel Project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby finds that the public interest and necessity require the immediate expenditure of public funds to make emergency repair work to the roof and exterior staircases of the Kimball House in order to safeguard life, health, or property. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute Change Order No. 39 in the amount of $66,347.27 to the contract with M.A. Stevens Inc., for the National City Former Library Remodel Project, for the emergency repair of the Historic Kimball House Roof and Exterior Staircases. --- Signature Page to Follow --- Resolution No. 2008 — October 7, 2008 Page 2 PASSED and ADOPTED this 7th day of October, 2008. ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Ron Morrison, Mayor CHANGE ORDER FORM C.C.O. Number 39 To (Contractor): Eric Jackson CIO Initiation Date: 9/17/2008 Contractor: M.A. Stevens Const. Project: National City Library Remodel Project, FY 01-08 Project Specification No.: 08-01 A Chance Order is hereby recommended for the following work in the amount identified in this document: DESCRIPTION OF CHANGE: Emergency work required at the Kimball House: The roof is completely compromised and therefore is imminent danger of severe damage to the structure should it rain. Therefore, the work includes tearing off and re -rooting (other assoc. work). The exterior staircases have dry rot and termite damage and are ready to collapse. Therefore, the work includes tearing down of existing staircases and rebuilding them (other assoc. work) COST RECONCILATION: Costs were reviewed by the City Project Manager and negotiated with the Contractor. Construction Contract Accounting Summary: The original Contract Amount $ 1,018,000.00 Net change by previously authorized Change Orders 1 to 38 $ 358,179.49 The contract Amount prior to this Change Orders $ 1,376,179.49 With the Change Order No.39 the contract cost is increased by $ 66,347.27 New Contract Amount $ 1,442,526.76 Change in Contract Time: Contract Completion Date: Reviewe PR C'ONTR).CT( M.A. STEVENS INCIPAL. ENGINEER approx. 90 Working Days Jan 8, 2009 DATE 2 _cll. O_Q_ DATE /cj DATE CITY ENGINEER DATI? Approved By: MAYOR DATE CC: Construction File Inspector M.A. STEVENS CONSTRUCTION, INC. 125 EAST 17TH STREET - NATIONAL CITY, CA 91950 OFFICE (619) 477-7893 - FAX (619) 477-7893 MASTEVENSINC@SBCGLOBAL.NET PCO # Kimball house emergency repairs Date of Request: 9/22/2008 Owner: City of National City Project: National City Library Remodel Contract: Spec. No. 08-01 200 East 12 Street ORIGINAL CONTRACT AMOUNT: $1,018,000.00 DAYS: 90 PREVIOUS APPROVED CHANGE ORDERS: DAYS: 0 THIS CHANGE: DAYS: REVISED CONTRACT AMOUNT: $1,018,000.00 DAYS: 90 SUBCONTRACTED WORK DESCRIPTION COST Painting of all woodwork and carpentry performed by MA Stevens $3,000.00 SUBCONTRACTOR COST $3,000.00 %5 OVERHEAD AND PROFIT $150.00 TOTAL SUBCONTRACTOR COST $3,150.00 M.A. STEVENS CONSTRUCTION, INC WORK DESCRIPTION LABOR (HOURS) MATERIAL (COST) Demo and remove stairways and railings as outlined $2,700.00 in written scope provided by City's engineer to MA Stevens on 9/22 This includes all work neccesary to provide a complete and finished product. Includes: Demo and remove stars Rebuild and replace treads, landings and railings Excludes: Interior work, front entry, unforeseen structural damage Compliance to historical standards or permit fees I MATERIAL EXPENSES TOTAL LISTED MATERIAL TAX 7.75% TOTAL MATERIAL COST $3,175.00 LABOR EXPENSES TOTAL LABOR @ $51.50 230 $11,845.00 SUPERVISION @ $62.17 50 $3,730.20 TOTAL LABOR COST 280 $15,575.20 1 JOB EXPENSES TOOLS/ MISC. 4% OF LABOR HOURS PERMIT AND INSPECTION FEES Dumpster and disposal $625.00 EQUIPMENT RENTAL Bobcat Fuel Scissorlift ADMINISTRATION PROCESSING FEE (1 % OF LABOR HOURS) TOTAL JOB EXPENSE $625.00 M.A. STEVENS CONST. INC. SUMMARY TOTAL MATERIAL COST $3,175.00 TOTAL LABOR COST $15,575.20 TOTAL JOB EXPENSE $625.00 SUBTOTAL $19,375.20 15% OVERHEAD AND PROFIT $2,906.28 TOTAL M.A. STEVENS CONST. COST $22,281.48 TOTAL SUBCONTRACTOR COST $3,150.00 TOTAL M.A. STEVENS CONST. COST $22,281.48 SUBTOTAL $25,431.48 BOND FEE 2% $508.63 TOTAL COST OF CHANGE ORDER $25,940.11 M.A. STEVENS CONSTRUCTION INC: PRINT DATE SIGN APPROVED BY AUTHORIZED REPRESENTATIVE: PRINT DATE SIGN M.A. STEVENS CONSTRUCTION, INC. 125 EAST 17TH STREET - NATIONAL CITY, CA 91950 OFFICE (619) 477-7893 - FAX (619) 477-7893 MASTEVENSINC@SBCGLOBAL.NET PCOtt 45 Date of Request: 8127f2008 Owner: Contract: City of National City Spec. No.08 01 `Project: National City library Ilemodet 200 East 12 Street ORIGINAL CONTRACT AMOUNT: $1,018,000.00 DAYS: PREVIOUS APPROVED CHANGE ORDERS: _ DAYS: THIS CHANGE: DAYS: REVISED CONTRACT AMOUNT: DAYS: 90 0 0 90 SUBCONTRACTED WORK DESCRIPTION Tear off and Re roof of Kimball house . - 5000 AAA Replace sheetrnetal and gutter work Fire rated sheeting under roofing (recommended) All work related to roof replacement with the exception of any unforeseen terrnite or other concealed structural drainage SUBCONTRACTOR COST COST $24 , 281.00 $5,100.00 $1, 500.00 $30,881 00 °I05 OVERHEAD AND PROFIT TOTAL SUBCONTRACTOR COST $1,544 05 $32,425.05 M.A. STEVENS CONSTRUCTION, INC WORK [DESCRIPTION LABOR (HOURS) MATERIAL (COST) MATERIAL EXPENSES TOTAL L IS I Ef) MATERIAL. TAX 7 15% TOTAL MATERIAL COS T LABOR EXPENSES TOTAL TABOR $51 50 SUPERVISION @ $62 17 TOTAL LABOR COST 32 32 $0 00 $1,989 44 $1,989 44 2-71 Zal 1 JOB EXPENSES T OOLS/ MISC 4% 01 LABOR HOURS PERMIT AND INSPECTION FEES Dumpster and disposal -4 EQUIPMENT RENTAL Bobcat Fuel Scissorlift ADMINISTRATION PROCESSING FEE= (1% Of LABOR I FOURS) TOTAL JOB EXPENSE MA. STEVENS CONST. INC. SUMMARY TOTAL MATERIAL COST TOTAL LABOR COST 10 EAE .JOB EXPENSE SUBTOTAL 15% OV[RI 1E: AD AND PROFIT TOTAL M.A. STEVENS CONST. COST TOTAL SUBCONTRACTOR COST TOTAL M.A. STEVENS CONST. COST SUBTOTAL BOND FEE 2% TOTAL COST OF CHANGE ORDER M.A. STEVENS CONSTRUCTION INC: ()AQc6 APPROVED BY AUTHORIZED REPRESENTATIVE: $000 $1,989 44 $0 00 $1,989.44 $298 42 $2,287 86 $32,425.05 $2,28 / 86 $34,712 91 $694 26 $35,407 16 > ..` � r i I PRINT SIGN PRIN1 DA! 1_ SIGN 2 Page 1 or 1 Adam Landa From: Eric Jackson [gratefuleric@gmail.corn] Sent: Tuesday, September 23, 2008 6:10 PM To: Adam Landa Cc: mastevensinc@sbcglobal.net Subject: Kimball house repairs dated 9-22 scope revised.xls Attachments: Kimball house repairs dated 9-22 scope revised.xls Adam, Here is the revised repair proposal for the stairs and railings, I do not have a quote for the garage roof yet but I'm guessing it's around $5,000. Eric C. Jackson Project manager for M.A. Stevens Inc. Office (619)477-7893 Cell (619)241-5698 "Encounter adapt and overcome" 9/24/2008 EMERGENCY WORK AT TIIE KIMBALL HOUSE AT 923 A AVE The easterly staircase needs the following work: 1. Replace the stairs between the 1" landing and the 2"d landing. 2. Replace the stairs between ground floor and Is' landing, including 1 s` landing 3. Replace all of the second landing, includes rebuilding the under stairs enclosure, posts, and deck area. Relocate door to the east side of enclosure. 4. Replace all of the stairs between the 2"d landing and the 3rd landing. 5. Replace the 3rd landing (some posts seem to be OK). Paint stair case. North side staircase needs the following work: 1. Replace the stringers, posts, and all the railings. Paint stair case to match, "louse and garage roof needs the following work: t. Reroof building w/solid sheathing and Class F3 fire rated composition roof in kind as 907 A Ave. house and per Chapters 15 IBC 2006 (price also for 50 year warr.). The crickets at the chimneys and at the skylights need to be replaced. Remove and replace gutters as necessary. Repaint as necessary. 2. Reroof garage w/solid sheathing and Class F3 fire rated composition roof in kind as 907 A Ave. and per Chapters 15 IBC 2006 (price for 50 year warr.). Repaint as necessary. ('lean up: 1. The property shall be maintained in a clean manner during the construction phase and shall be cleaned up after all work has been completed. 2. The working days for all of the above shall he 90 days. City of National City, California COUNCIL AGENDA STATEMENT AEETING DATE October 7, 2008 AGENDA ITEM NO. 11 I ITEM TITLE Resolution of the City Council of National City ratifying the Change Order Nos. 3, 16, 17, 18, and 24 in the amount of $65,644.63 with M.A. Stevens Construction for the National City former Library Remodel Project (Funding will be through Tax Increment Funds.) PREPARED BY Din Daneshfar DEPARTMENT Engineering EXT. 4387 EXPLANATION See attached explanation. Environmental Review X N/A Financial Statement MIS Approva Approved By Finance Director The total estimated amount that needs to be allocated for the expected change orders is $295,000. Funding will be available through Tax Increment Funds, Account No. 511-409-500-598-3734. Account No. • STAFF RECOMMENDATION Adopt the Resolutio BOARD / COMMISS N/A ebritiery DATION ATTACHMENTS (Listed Below) 1. Resolution 2. List of Processed Change Orders (Exhibit "A") �3. List of Anticipated Change Orders (Exhibit "B") Resolution No. A-200 (Rev 7/03) EXPLANATION: On January March 4, 2008 a contract was awarded to M.A. Stevens Construction, Inc. to remodel the National City former Library. The project consists of general interior improvements to create office, storage and rehearsal spaces, workshop reading rooms and museum. The work included interior demolition, wall construction, finishes, Heating, Ventilating and Air Conditioning (HVAC), mechanical, electrical, and American with Disabilities Act (ADA) compliance. It is requested that the Change Orders Nos. 3 ($8,112.44), 16 ($9,061.92), 17 ($18,040.29), 18 ($12,473.74), and 24 ($17,976.24) on the Exhibit "A" be ratified for the total amount of $65,644.63 for the over excavation and re -compaction of the retaining wall footing, insulation of drywalls for exterior walls, building the interior rake walls, adding the data/voice communication locations and providing the material to the REP to install the new wood raised flooring in the rehearsal rooms. The Change Orders were processed within the original contingency budget. During the design work there were no record drawings available to indicate the existing conditions of the old library building. The design plans were based on the building surface evaluation. The following additional work was discovered during the demolition of the building that was not included in construction plans. The additional work includes roofing at new HVAC curb adaptors, roofing revisions of new drains, new roofing over lobby area, installation of drywall draft stop, roof drain system installation, floor patch and leveling, HVAC modifications, door hardware, redesign of fire alarm system, structural steel framework in lobby, lobby ceiling revision, extension of overhead, demolition of existing roof curb assembly and installation of new roof curbs, and framing/demolition for new roofing over lobby area. The additional work will also include the Change Order No. 36 for the installation of a Fire Sprinkle System that will cover the entire building area including the longshoreman side. The work was required by the Fire Department to meet the building/fire code. The anticipated work will also include "Additional Modifications to Museum", Changer Order No. 38. The work will modify the exiting fluorescent lights to more appealing and decorative track lights and the entrance door to the glass front door at the former historic room area. The total amount of these anticipated Change Orders is approximately $295,000 that includes the actual cost for the required work to complete the project at $248,481.20 and approximately 18% for contingencies at $44,726.62. The anticipated Change Orders are listed on Exhibit "B". The total original estimated amount for the work was $1,296,360 that included bid amount ($1,108,000), 3% for material testing ($33,240), 4% for construction engineering ($44,320) and 10% for contingencies ($110,800). Thus far, Twenty Four Change Orders have been processed as shown on Exhibit "A". The processed Change Orders add up to $109,698.29. This amount uses up the available funds in the original budget set aside for the contingency items. With the allocation of $295,000 for the anticipated Change Orders, the total estimated project cost was increased from $1,296,360 to $1,591,360. It is recommended that the additional funding be provided through Tax Increment Funds. The CDC portion of this agenda includes a request for approval of a resolution approving the allocation of these funds. RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RATIFYING CHANGE ORDER NOS. 3, 16, 17, 18, AND 24 IN THE AMOUNT OF $65,644.63 FROM M.A. STEVENS CONSTRUCTION FOR THE NATIONAL CITY FORMER LIBRARY REMODEL PROJECT WHEREAS, on March 4, 2008, the City Council adopted Resolution No. 2008-43 awarding a contract in the total amount of $1,108,000 to M.A. Stevens Construction, Inc., for the National City Former Library Remodel Project; and WHEREAS, Change Order Nos. 3, 16, 17, 18, and 24 in the amount of $65,644.63, which were processed within the original contingency budget, for over excavating and re -compacting of the retaining wall footing, insulation of drywalls for exterior walls, building the interior rake walls, adding the data/voice communication locations, and providing the material to the San Diego Repertory to install the new wood raised flooring in the rehearsal rooms are submitted for ratification; and WHEREAS, because the design plans for the remodel were based on a surface evaluation due to no record drawings being available to indicate the existing condition of the old library building, additional work was discovered during the demolition phase of the project that was not included in the remodel construction plan; and WHEREAS, the additional work will also include the installation of a fire sprinkler system, which is required to meet the Building Code and Fire Code requirements, and additional modifications to the museum to modify both the existing fluorescent lights to more appealing and decorative track lights and the entrance door to the glass front door at the former historic room area. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby ratifies Change Order Nos. 3,16, 17, 18, and 24 in the amount of $65,644.63 from M.A. Stevens Construction. PASSED and ADOPTED this 7th day of October, 2008. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney National v Library Remodel Project No.: 031.NATL.0001 EXHIBIT —A" DATP: AuLtust 200S PROCESSED CONTRACT CHANGE ORDER LOG It C.0 it 11 NO. DESCRIPTION DATE : RECEIVED STATUS 1. !: P.C.O. COST SCHEDULED .1 NO. IMPACT INIPACT , t; Retr.ove Existinz Ground Niounted Cie — REI17-4 4 --2,!OS Approved Provide \Vaterproofing at Beov Grade. Resulti:lcz Sam AC and Retc,',-61v. %Val! Confi2ura:ion RFI 4'3108 Approved 5394.6S S932.57 0 Days , Demo Ce'-'(-t Wood Structure- RFI 4 ::08 Approved 4 S4.581.57 iZeco:-nmendanon to Leave Footin2as -, 05 Deleted P \a.%ated, Export ExpansIve I:y:port Se:octive F1i 'or Back-CI:1. — RFI Option 1 Si ,776.2(., 3 er Excavating arid Re -compacting 3 OS Exrc..;;SIVe import Se;et; e Fi for Backfili — REI Approved by C:tv M7nager (To be rati:ed by CC) ;Option 2) S8.112.44 Days Frpoxv Rebar Dowels Hto eXiSt1110. SOG — Fie;d Work Order 2 — RFI 429 OS Approved. Days Ne,A. SOG floor for existinz b.athroorn Fleld WO7k Order 3 — RFI =26 4 Approved 6 S4T60.0n 0 Days 1. Demo Unforeseen Condition in the Exist6-s4 Darkroorn A:•ea — Field Work Order I- RFI 6 5.7 Approved S2,400.00 Days :Nr ional City Library Remodel Project No.: 031.NATL.0001 PROCESSED CONTRACT CHANGE ORDER LOG ii Abate and Remove Lead Painted : Fascia above Lobby Area — RFI # 16 5: 14:08 Aonroved 8 In Roorn 1:4, Resheath Wall with Type B Shear and add Holdowns- ASI 3 Sketches — RFI =13 5: 12. 08 Approved 9 Demo Existing Bearing Walls and Add new Wood Beam and Post in Green Room as shown in ASI 4 Sketches RFI =' 5; 12.'08 Approved Remove of all Existing Computer and Communication Cabling Throughout Building— RFI # 12 In Room 1 1 ., Demolish Existing Shear Wall to Allow for Construction of new Type B Shear Wall — RFI w113 12 Time only Request Work Performed and:. Change Order 6 — Demolition of Lobby Area — RFI = 16 5 1208 Approved 5; 12. 08 Approved 5: 12, 08 Approved 9 10 it 12 S3.085.54 S3,295.56 0 Days S2,8 78.62 S4, 3.01 51,284.12 S0.00 0 Days 0 Days a; 0 Days 7 Dais Demo Work Related to RFI #20 5112/08 i Deleted I-, ' Demolish Existing Tile and Slab in Existnn_ Bathroom — RFI = 26 5.' 12%08 Approved 14' De.r.oiish Existing Gypsum Board 1 1 F:restp at East End of Building — RFI =15i 5: 12, 08 I Approved 15 I Demolish Cork Board on Existing Wall1 — RZFI 34R 5 12 U8 Approved 16 ; Insulate. patch, repair and paint , Approved by drywall for exterior ,walls -- RFI =51 , City Manager i (To be ratified 5 23 08 by CC) 13 I S1,199.31 ! 0 Days 14 I S4,13 7.48 0 Days i ; I S1,672.89 0 Days 16 S 1,672.89 0 Days 1 i 21 S9,061.92 0 Days N a tiona tv Library Q Ode| Project No.: 031.\ A TL.0001 PROCESSED C O\Tr{%CT CHANGE ORDER LOG 3 2 d Interior Rake Walls vs.Straizilt 32K-RFl=5` 2GylSr\lmo:Assen-ibly on roll-ub door 640S 520 08 Approved b City &aPage.: §Te be bv C C: 20 S1 04 629 } 0 Days Approved 19 Zy23\ o% 0 D:v* 1S Credit for deleted gas line, water line. and associated raving d 6 08 ; Approved Add 19 2-port Data 'Voice : Approved S> Communication locations . City Manager (To be ratified C 6.08 by CC) HiSteel Extra Costs due to revisions £20 08 Deleted 22 (86 756 39) 0 Days 23 S12.473.74 0 Days . Hi Swd extra costs due to revisions • E 6 6 :nexisting grade at Lobby ; Entrance DemoEdK:n Root' Curb Assembly Demo E% sting Roo!' Curb «S6=y: •and CoConstrut new RoofCe+z Er m in/and Demo fbr New Roof -over Lobe,; 2 S: 612 OS Approved ; 25 } S4,948.02 ! 17 Days 6I2 08 . Approved 24 S1,5!0.24 1 2 Da s 6 2 6 OS . Deleted . 26 S1,141.74 2 Days 6180S Approved 8 6 OS Approved Sad Drywall Hard Lid Ceilings in /we.:\ Rooms per Fire Det. . -•30OS C5'sr:i 2 new %Vood. Raised Flooring 6 Rehearsal Rooms 8 6.0S y4,9`226 : 2Days 29 ; S 4 96 25; ! 5 Days Approved 3§ eggroved by City Manager (To be ratified by CC) S1,294.88 1 Dzy 28R S1 \92624 9 Days National Library Remodel Project No.: 031.NATL.0001 PROCESSED CONTRACT CHANGE ORDER LOG Note: ii Total Total Schedule IrnDact Y) 09,69S.2',Vot-Hlii Da.,.'s 1! )1 ; S) 1 9 i! 1 ry Library Remodel Project No,: 031.NATL.0001 ANTICIPATED CONTRACT CHANGE ORDER LOG EXHIBIT -13". DATE: Sort -ember 5, 2i1(:)8 CO's PenciIng the re-nil:din:7 of the prmeet cont.inency. L)ESCRIPTION DATE RECEIVED STAT!,.:S P C.0 COST 0. 1:\PACT FCT t-Roc::) r 4 rIew HVAC (*: ; 9 re % :son roof drains RFi 9.3 08 • 5 t ; Nev., ‘, er old da kmom :,:c.sw 9-= .cl8 Peridinc, 3.2 56:748''. .30 „ h .; :ob'r,..... 12,VAC ::.t.y.4,-) and ('.owr.snout .i ii 2.•ir.stai: ,, wall drat stop at .(D.L.,by (-) -3 os Pendinc, ;:,. •..7.: 1.2 -... ,--, 4.;.; i Da\ S i. 2c) 9.3 i)c,' PendS:14 .-.....; !-.; Days :i . Nev.. :.00f c.'r'clir. system S. 10,S96. -r: patch and levelin (...) 3 .08 Pendiri2 1 ..; SI.933.10 1Days ;, 0 h ., 10 , 1-IVAC: d :\toIfication Q 3 I') s 36 ST'8,012.20 II 1. Pend:nu :I ‘, 32 Door i-ia:dware 9.3;08 Pending SS.996.40 0 Days Re -deign f^:re alarm system 9. 3 • Os Pending 38 Si 7,787.08 5 Days -34 Structurai Stec'', framework in lobby 9. 3 'OS Pending 51,927.S0 National City Library Remodel Project No.: 031.NATL.0001 .ANTICIPATED CONTRACT CHANGE ORDER LOG 5 Lobby ceiling revisions 36 Sprinkler System 9.3 I I Pending 40 S2,380.00 9. 3 08 Pendima 41 S129.493.0 0 Days 15 Days ;I Extended o\'er'heac li 9.'3%08 Pending 42 S 10,200.00 0 Days 3S :`Iuseurn Mods. a ! 9 312'08 Pending 43 II S22,937.S6 15 Days !; I I 11. I! ! II l I! 1 I II I. lI II. I i i I II �I 1 i 1 i i I l II II It I 1 fl 1 I l I National s Library Remodel Project No.: 031.NATL.0001 A`TICIP:ATED CONTRACT CHANGE ORDER LOG Total Tc Sc! cJu,c Impao. ,.'c7kIrca Days City of National City, California COUNCIL AGENDA STATEMENT .FETING DATE October 7, 2008 AGENDA ITEM NO. 12 ITEM TITLE Resolution of the City Council of National City accepting the work from Portillo Concrete, Inc. with the final amount of $3,086,705.79 and authorizing the filing of the Notice of Completion with the County Recorder for the National City Boulevard and 9th Street Plaza Promenade improvements (Funding is through Tax Increment Funds and State Pilot Growth Program). PREPARED BY Din Daneshfar DEPARTMENT Engineering EXT. 4387 EXPLANATION See attached explanation. Environmental Review X N/A MIS Approval Financial Statement Approved By: Finance Director The project is funded through Tax Increment Funds, CDC Account No. 900911 ($1,892,308.50) and State Pilot Smart Growth Incentive Program, Account No. 321-409-500-598-6572 ($2,000,000). Account No 900911 STAFF RECOMMENDATIO Adopt�the �Resolution. BOARD / COMMISSION ' ' CO MEDA ON N/A ATTACHMENTS (Listed Below) 1. Resolution (. 2. Final Contract Balance Change Order Form 3. Notice of Completion A-200 (Rev 7/03) Resolution No. EXPI..ANATiON: BACKGROUND On January 9, 2007 a contract was awarded to Portillo Concrete, inc. by resolution No. 2007-4 for the total construction cost of $3,298,307.50 to install landscaped medians with street trees and traffic striping/marking on National City Boulevard between 7'h and 2nd Streets. In addition, the improvements included the sidewalk rehabilitation of an area on National City Boulevard between 12th and 7th Streets with the installation of Plaza Promenade improvements on 9th Street between "A" Avenue and National City Boulevard. On April 3, 2007 the City Council approved the Contract Change Order Number One in the amount of $42,419.76 by resolution No. 2007-60 to remove and dispose of the railroad ties that were discovered under the existing pavement during road excavation along National City Boulevard. On May 6, 2008 the Change Order Numbers Two and Three in the total amount of $75,035.28 were approved by resolution No. 2008-72 to modify the 9tih Street Plaza Improvements. On August 18, 2008 the Change Order Number Four was processed in the total amount of $2,000 to complete the landscape improvements at 9th Street and "A" Avenue in the circle planter. STAFF RECOMMENDATION A final inspection was conducted and the completed work was found to be in accordance with the approved plans and specifications. On August 19, 2008 the contractor submitted the final contract documents fbr project acceptance and closure. Staffs recommendation is to accept the work and the Contract Final Balance Change Order Form with the total final contract amount of $3,086,705.79 and authorize the filing of Notice of Completion. The purpose of the Contract Final Balance Change Order is to finalize contract quantities and construction completion time, and address the adjusted work. With the total final cost, the construction was completed under the original contract amount by $21 1,601.71. The Contract Final Balance Change Order Form is attached for further explanation. FINANCIAL STATEMENT The total estimated construction budget approved by Resolution No. 2007-4 that included surveying, construction engineering, material testing, and contingency items was $3,892,308.50. The project is funded through Tax Increment Funds, CDC Account No. 900911 ($1,892,308.50) and State Pilot Smart Growth Incentive Program, Account No. 321-409-500-598-6572 ($2,000,000). RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE WORK FROM PORTILLO CONCRETE, INC., IN THE FINAL AMOUNT OF $3,086,705.79, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION WITH THE COUNTY RECORDER FOR THE NATIONAL CITY BOULEVARD AND 9TH STREET PLAZA PROMENADE IMPROVEMENTS BE IT RESOLVED by the City Council of the City of National City as follows: It appearing to the satisfaction of the Engineering Department that all work required to be done by Portillo Concrete, Inc., for the National City Boulevard and 9th Street Plaza Promenade Improvements has been completed, the City Council of National City hereby accepts said work and authorizes the filing of a Notice of Completion, and orders that payment for said work be made in accordance with said contract. PASSED and ADOPTED this 7th day of October, 2008. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney CONTRACT FINAL BALANCING CIIANCED ORDER FORM N ( I I Y tfl VI) S 1101 IS( \PIE •AN1) I OlIN 1 .-\IN 1'1 'I (11 \ I ION NO 06-01 COMR:1(1'0W POIZT11.1 CONCRIJI-... INC. ()RRANA!, CONT1tACT /\:\10t 'NT: S3,298,307.50 I Description 01\ - - i IMobiliiat 'Demob') izat ion 1 ' -- W ater Pollotion Control .,• i , - • • , • - - • - 't ratiic Control • l• (learntL- (' and (irtilthiii2 5 AC: Pavement Sawcutting 830 (y,ot pcppo3"anq less AC Pavement Sawcutting 5800 Depth) Greater than 3" Remove A(Pair CHICHI 3" 19200 and less Remove AC Pavement Greater than 3" PC Concrete Sawcutting (all depths) Remove PC Concrete I.ess 'than 5" thick 11 Remove PC Concrete Greater Than 5" thick 12 I Remove PC Concrete( urb (all heights) 13 Remove PC Concrete Curb And Gutter (all heights) 111r Remove Trees 15 Remove Existing Street Eight Including Foundation 1111) ITEMS t !nit !I 'nit Price - - •-•• • LF SF 20500 SF 1i• 1510 28050 SF 4600 SF 244() 470 • $2 ' 000.00 I • $6.600.00 $45.000.00 S0.60 I,F IF IF I.S 13 1.5 1-Backflow Preventor I() Relocate F.xisting, Street I 7 Relocate 2L 15 Including service connection, All lines and new back flow preventor 18 AC Pavement Cold 1i1Iing 11200 4' wide (medians) 19 '1 AC Pavement Cold Milling 9120 4' wide (sidewalks) 20 .!Asphalt Concrete Paving (.All depths) 21 PC Concrete Median Walkway 4" 22 Sidewalk PCConcrete Type A _ (Scored with PaverInserts) _ • 23 Sidewalk P(Voncrete !Fype 11 (Diaoonal Score Lines) SF SF 25 TN 3300 -4 31060 SF 3941 'SF -1_ S0.70 SO.75 S1.20 S24,600.00 S3.00 S4,530.00 S1.11 0 $2.30 $6.00 $30,855.00 $10.580.00 , 514,640.00 $15.00 S7,050.00 Page 1 UI S I ART 11A I l• • 01 1-1-08 ( ()1\111.11 I()N 1.1A I 1 01-1 I 08 Contract 1 F. '1 Amount 1 _ $250.000.00 $6.600.00 I - -•$55.000.00 - $45.000.00 1 5498.00 I 329 S4,060.00 7955 . . SI4,400.00 42927 213(16 52700 512 2074 517,000.00 $17.000.00 S1,700.00 1 522,100.00 11 5-1000.004 $8,000.00 $5.500.00 $5.500.00 50.80 s8.,60.00 r 11196 51.00 59,120.00 10289 S300.00 $7,500.00 534.5 58.00 S26,400.00 3314 S8.30 $257,798.00 21949 S8.30 $32,710.30 3533 Final Arnotint i $250.000.00 $6.600.00 ! $.55:060.00 S-15_000.00 S197.40 • S5,568.50 S5I.512.40 S23,436.60 S121,210.00 S3,072.00 S31,110.00 !! $17.000.00 518,700.00 1 $8.000.00 1 $.5.2300.00 S8.956.80 510.289.00 5160.350.00 •• - - - •- $26,512.00 1 5I82,176.70 S29,323.90 N. CONTRACT FINAL BALANCING C11.-1N(;ED ORDER FORN1 Description 24 Sidewalk ['(Concrete Type C (Square with Grass Inlay) -- 25 Walkway Brick Paver utilization salvage existing pavers 26 W alkway Brick Paver Paving 5400 SF 27 Roadway Brick PaxerPav_ing_ 1300 SF 28 ' PC Decorative Concrete 3417 SF Driveway Pavement 29 PC Concrete Roadway 2264 SF Pavement (Misc.) 30 PC Decorative Roadway Pavement Type A (Intersection) 31 PC Decorative Roadway 1220 SF Pavement Type 11 (Crosswalk) 32 PC Decorative Roadway 4431 SF Pavement Type C (NC Blvd) 33 PC Decorative Roadway 1238 SF Pavement Type D (9th St) 34 PC Decorative Roadway 8187 SF Pavement Type 1. (Rolled curb) 35 PC Decorative Roadway 434 SI' Pavement Type F (ring) 36 ADA Ramps (all types) 870 Including Detectable Warning Surface 37 Morgan Square Logo 121) 38 8" PCC Median Curb 'rype B-1 2800 Per SDRSD G-1 39 6" to 8" PCC Curb per 390 LF SDRSD G-1 40 6" to 8" PCC Curb and Gutter 2570 Per SDRSD (;-2 41 6" PCC Curb per SDRSD G-1 42 6" PCC Curb per SDRSD G-2 -13 Rolled (urb and Gutter per SDRSD 6-4 (.'rushed Aggregate Base 44 -15 t nit Unit Price 2180 SF 4435 SF —r. . 5878 SF S8.30 Contract Amount S18,094.90 S15.00 S66,525.00 Page 2 of 4 I. ina 1 Final Qty Amount 3286 827,273.80 4385 865,775.00 818.00 897,200.00 1912 S18.00 823,400.09 2412 r- 810.00 1 S34,170.00 3699 815.00 $33,960.00 S9.60 856,428.80 S9.60 811,712.00 S9.60 842,537.60 $9.60 811,884.80 S10.00 881,870.00 $1 6.00 $6,944.00 1035 $34,416.00 43,416.110 $36,990.00 $15,525.00 5636 $54,105.60 675 $6,480.00 4293 841,212.80 3372 S33,720.00 4728 434 SF 834.00 S29,580.00 1770 SF LF , 1 LF 270 —t LI; 2570 LF .1-1 IT S10.00 j S1,200.00_1 100 $23.00 $64,400.00 2808.5 S25.00 $9,750.00 22 S25.00 S23.00 $25.00 $60.00 $64,250.00 $6,210.00 $64,250.00_ $2.640 00 63 451 2089 4,1 7880 (11' $50.00 5394,000.00 682.3 1 1.S 811,000.00 1 $11.000.00 for t !tilit \ \\,ork done tn. others i- • 46 Existing Utility. Facility 1 I .S $12.000.00 $12,000.00 1 [ _47 Lpniipage Facility Adjustments and/M(dificationsCurb-O-Let) 120 i LFS160.00 $19,200.00 125 o Coordination \Nit!) t Ility ON\ ners $45,388.80 $6,944.00 S60,180.00 $1,000.00 S64,595.50 S550.00 $1,575.00 S10,373.00 $52,225.00 $2,640 00 S34,120.00 $11.660-.00 $1 2.000.00 S20,000.00 CONTRACT FINAL BALANCING CHANGED ORDER FORM Description I ()iv 11 48 II -19 50 I 51 52 53 5-1 topsoil 55 Planter/Seat \Vail' 56 58 59 60 61 s 63 64 65 66 3" Curb ()title' Drain Replacenient "I rffcLnLr1U I rallic Stripping rafficSrgnal1oop. Irrigation 1" Irrigation POC/meter/ Backnow Landscape Materials including Public \rt _ . Public \rt ( ()ordination Site Furnishings (tree grates. Benches and trash receptacles) . _ . Platform Seating; Recognition ,Area Plata Electrical Eiglitimit Street I .ighting Street Lighting Electrical System 'Frank Signal Pole Relocation Vertically Adjust Traffic Signal Pole (With No l‘last Arm) Vertically ,kdjust "Fraffic Signal Pole (With Mast :kiln) Sweetwater ,kuthority: Water Capacity. Fees and Inspection Fees I otal C011 1'02 Railroad Ties Remove Platform CO3 l)emo Concrete Install Tr C04 Landscaping 9th Si. & A Ave. Init 35 F.‘ 1.S I .S I .S LS LS I.S Unit Price S400.00 $15.000.00 1 $.1.500.00 I - $153.000.00 I S5,500.00 I" $265.000.00 S71.00 $200.000 .00 $20.000.00 S50,000.00 $8.100 00 Contract Final Amount 514,00.00 13 $2.000.00 1 .odd.00 1 •, • $-1300.00 I i 5153,000.00 1 1 5153,000.00 S5,500.00 1 I 56,143.95 $265.000.00 I $265.000.00 Page ".; of -1 I- inal Amount S5,200.00 $2.000.00 $15.000 00 S-I.500.00 S35,500.00 3(14 521,584.00 $200.000 00 1 $200.000 00 1 $20.000 00 1 551,000.00 $16.200.00 •! 1.S $92,000.00 $92,000.00 1.S I $190,000.00 $190,000.00 ,S I $175.000.00 S175,000.00 1 $175.000.00 1 2 EA 1 S5,400.00 $10,800.00 - FA ,600.00 S1,600.09 - $20,000.00 S50,000.00 $ I 6.200.00 2 S92,000.00 1 5190.00000 I 1FA 52,100.00 S2,100.00 ; IS $20,006.00 S20,000.00 S3,298,307.50 0.5 S9,602.00 S2,967,250.75 , 1 LS $42,419.76 t S42,419.76 1 $42,419.76 ! 1 1 1.S 512,500.00 S12,500.00 1 1 $12,500.00 , t $62,535.28 1 S62,535.28 1 1 LS $2,000.00 $2,000.00 1 $2,000.00 ,i $3,417,762.54 S3,086,795.79 1 NATIONAL CITY Y 13LVD. S1 REI11 SCAPF. AND FOUNTAIN AIN PLAZA. Page 4 of 4 SPL('1F1CA.FION NO. 06-01. (ON I RAC.i OR POR111.I.O CONCRF:iI F. INC. 51 :AR L1:1) DA I L : 01-11-08 ORI(iINAI. S3.298,307.50 LTION DATL:: 04-11-08 The final total contract price for the construction to date is S3,086,705.79. The \york \vas completed within 160 days. The Contractor (PORTII.LO CONCRETE. IN('.) accepts this contract Final Contract Balance Change Order as full compensation for the work. Recommended for j royal: AZ---- t Manager MarioPortilio President- Portillo Concrete. Inc. Approved by: 1)in Daneshfar. Principal Engineer, P1.. q5 —ob Date------ /7( I)ate Date itilaryarn Habaki. Citv Engineer_ P11 Date City of National Citv Resolution Number RF( ORI)IN(i RUA TS1 F1) lil \' IlI N KLa ()KI)I.I) \t \ll I() N.AMF_ (Ill' OF \:ylll/N.A1. ( 1.11. AUI)RFSS 12-11 N.\IION:V.(Ill' WW1 I \,\RI) N.1I ION,At. ( 111. (':A')!99) NOTICE OF COMPLETION CALIFORNIA ( 1V1!. COUF. SF( '"I I()N 3093 NOTICE IS IIERERY GIVEN of the completion on October 7, 2008 of the National City Boulevard and 9t1i Street Plaza Promenade Improvements Work of improvenunt or portion of work of improvement under construction or alteration. on the premises located National City l3oulevard between 12t1i and 2' Streets and 9i1' Street between National City l3oulevard at "A".Avenue . National City, CA 91950_ StreetAddress ('itv State Zip ('ode The undersigned owns the tollowing interest or estate in said property: N/A Nature of the interest or estate of owner (mortgagor, lesser. etc.) Said work of improvement was performed on the property pursuant to a contract with PORTILLO CONCRETE, INC. Name of Original Contractor The following work and material were supplied: Cement Mason, Laborer Groups, Bob Cat, Concrete (.'utter, "Trucks, Leveling Equipment General statement of kind of labor. services, equipment or materials The names and addresses of co -owners are: N/A Joint tenants, tenants in common, or other owners Dated: , 2008; Signature of Owner City of National City, 1243 National City Blvd., National City. ('A 91950 I, the undersigned, say: I have read the foregoing Notice of Completion and know the contents thereof; the same is true of my own knowledge. 1 declare under penalty of perjury that the forgoing is true and correct. Executed on , 2008, at , California. Signature: RON MIORRISON, MAYOR City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 7, 2008 AGENDA ITEM NO. 13 /ITEM TITLE A Resolution of the City Council of the City of National City accepting the work performed by Zondiros Corporation with the final amount of $640,566.28 and authorizing the filing of the Notice of Completion with the County Recorder for the National City Pump Station Rehabilitation Project. (Funded through Sewer Service Funds) PREPARED BY Kenneth Fernandez EXPLANATION Please see attached page with explanation. DEPARTMENT Engineering EXT. 4388 Environmental Review X N/A MIS Approvals /J Financial Statement Approved By: V Finance Director The final amount for the construction cost of this project is $640,566.28 and is within the estimated budget for this project ($765,700). Funding is available through Account 125-409-500-598-2014. (Sewer Service Funds). Account No. STAFF RECOMMENDATION Adopt the Res ution./a� BOARD 1 COMMISSION RECOMMENDATION N/A I ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Notice of Completion SPEC 04-08 A-200 (Rev. 7/03) EXPLANATION The National City Pump Station Rehabilitation Project, Specification number 04-08 was completed on 07/29/08. All original contract work was completed within the original contract amount of $589,000. Additional improvements to the electrical systems, mechanical equipment and to the pump house structures, approved by City Council on June 3, 2008, was completed for an additional $51,566.28 for a total project cost of $640,566.28. The original budgeted amount for this project is $765,700 per resolution No. 2007-61. Since each of the four pump station locations for this project were bid, invoiced, and paid via lump sum format, a final balancing change order is not required. Zondiros Corporation produced professional quality workmanship in a timely manner. The all new mechanical equipment and electrical systems at the four locations (West 14th Street, West 18th Street, Mile of Cars Way and Bay Marina Boulevard) is operating correctly and within specifications. The final project cost was for $640,566.28 and is under the budgeted amount of $765,700. This latter amount includes the construction bid price of $589,000 plus approximately 20% ($117,800) for contingencies, and approximately 10% ($58,900) for materials testing and inspection. RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE WORK FROM ZONDIROS CORPORATION FOR THE TOTAL FINAL AMOUNT OF $640,566.28, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE NATIONAL CITY PUMP STATION REHABILITATION PROJECT BE IT RESOLVED by the City Council of the City of National City as follows: It appearing to the satisfaction of the Engineering Department that all work required to be done by Zondiros Corporation, for the total final amount of $640,566.28, for the National City Pump Station Rehabilitation Project has been completed, the City Council of National City hereby accepts said work, authorizes the filing of a Notice of Completion, and orders that payment for said work be made in accordance with said contract. PASSED and ADOPTED this 7th day of October, 2008. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney RI:C(1RI )ING RI()L FS'I FI) I1' \\ IIFN R ;t'ORU1.1) MAII 1 NAM{ CITY ( IFNA I IONAI. CITY .A1)I)RI'SS 12.13 NATIONAI. ('1lY ROUI.I'VARI) NA 11ON;V (I I l ( A 91950 NOTICE OF COMPLETION CALIFORNIA CIVIL CODE SELL ION 3093 NO 1 ICL. IS HEREBY GIVEN of the completion on October 7. 2008, of the National City Pump Stations Rehabilitation Project Work of improvernent or portion of work of improv anent under construction or alteration. on the premises located at 1.1th Street. lee Street. Ray Marina Drive. and Mile of Cars Wain National City. CA 91950 Street.Address City State Lip Code The undersigned owns the following interest or estate in said property: N/A Nature of the interest or estate of owner (mortgagor, lessee. etc.) Said work of improvement was performed on the property pursuant to a contract with %ondiros Corporation Name of Oriiinal Contractor The following work and material were supplied: _ Laborer Ciroups, Bob ('at. Pipe Liner. Trucks. Temporary Pumps (ieneral statement of kind of labor. ser\ ices, equipment or materials The names and addresses of co -owners are: N/A Joint tenants. tenants in common. or other o\\1ers Dated: . 2008: Signature of O\\Iler ncr (it\- of National ('it\. 12.13 National (pity Blvd.. National City. CA 91950 I, the undersigned. say: I have read the foregoing Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the forgoing is true and correct. Executed on . 2008, at . California. Signature: RON MORRISON, MAYOR City of National City, California COUNCIL AGENDA STATEMENT . IEETING DATE October 7, 2008 AGENDA ITEM NO. 14 ITEM TITLE A Resolution of the City Council of the City of National City awarding a Contract to 3-D Enterprises, Inc., in the base bid amount of $151,268.00 and three alternative bid amounts totaling $72,000.00 for the National City City Parks Rehabilitation Project (Phase 3) for the repair and improvement of multiple buildings and structures such as restrooms, snack bars, score shacks, and ADA improvements throughout Kimball Park, El Toyon Park, and Las Palmas Park. (Funded through General Funds) PREPARED BY Kenneth Fernandez DEPARTMENT Engineering EXT. 4388 EXPLANATION Please see attached page with explanation. Environmental Review X N/A MIS Approval - Financial Statement Approved By: Finance Director The total cost of the project is estimated to be $314,000. The combined base and alternative bid amount of $223,268 is within the estimated budget for this project. Funding is available through Account 001-409-500-598-4127. (General Funds) Account No TAFF RECOMMEND ON Ado h ` eso . JI, A D / COM IS 0 ECOMMENDATION N/A • t ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Bid Opening Information Sheet for Base Bid 3. Bid Summary for the three low bidders A-200 (Rev. 7/03) SPEC 07-06-C EXPLANATION On Tuesday, January 22, 2008, the Engineering Department provided a status update and requested feedback from City Council as to the Remodeling and Renovation of Parks and Recreation Facilities Project. As a result of this productive session, Engineering staff proceeded as directed with the design of the project. It was determined that in order to provide the most quality, economical, and streamlined services and products, the project would be divided into three phases: 1) Painting 2) Furnishings and 3) Building Structure Improvements The construction portion of the painting phase is complete. The City is awaiting final paperwork from the prime contractor to properly issue the Notice of Completion. The furnishings phase is under way. A portion of the picnic benches, tables, and trash can receptacles were ordered, delivered by the manufacturer, assembled, and installed in Kimball Park prior to National City Week festivities. The remaining order will arrive shortly and will be installed at El Toyon and Las Palmas Parks. On September 5, 2008, the Beautification Package, i.e. Phase 3, was advertised. The project consists of the repair and improvements of multiple buildings and structures throughout Kimball Park, El Toyon Park, and Las Palmas Park. On September 17, 2008, an optional pre -bid meeting was held to answer any questions and provide site access to potential bidders. On September 23, 2008, seven bids were received and opened by our City Clerk (See attachment for listing). As stated in the bid documents, only the base bid amount was the determining factor in determining the apparent lowest bidder, i.e. the three alternate bids could be accepted or removed upon the recommendation of staff and the discretion of City Council. Review of the bid documents and research of the apparent lowest bidder, 3-D Enterprises, was completed. The aforementioned company has a valid current contractor's license, outstanding references, and many years of experience. They are qualified to perform the scope of work the City is seeking. In summary, staff has completed a comprehensive review of all the proposals and found the lowest responsive bidder, 3-D Enterprises, qualified to perform the scope of work as specified in the base bid for $151,268 including all three alternate bid items: 1) Paint and remove bees/insects at the top of the lighting standards at El Toyon Park ($2,000), 2) ADA drinking fountain systems ($24,000), and 3) Decomposed granite pathway ($46,000). The total cost of the project is estimated to be $314,000 for the base bid and the three alternate bid items. This amount includes a total construction base and alternative bid item price of $223,268 plus approximately 20% ($45,000) for contingencies, approximately 10% ($22,500) for construction management services, and approximately 10°A) ($22,500) for materials testing, inspection, and/or surveying. RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO 3-D ENTERPRISES, INC., IN THE BASE AMOUNT OF $151,268, AND THREE ALTERNATIVE BID AMOUNTS TOTALING $72,000, FOR A TOTAL CONTRACT AMOUNT OF $223,268, FOR THE NATIONAL CITY PARKS REHABILITATION PROJECT (PHASE THREE) FOR THE REPAIR AND IMPROVEMENT OF MULTIPLE BUILDINGS AND STRUCTURES, SUCH AS, RESTROOMS SNACK BARS, SCORE SHACKS, AND ADA IMPROVEMENTS THROUGHOUT KIMBALL PARK, EL TOYON PARK, AND LAS PALMAS PARK WHEREAS, the Engineering Department, in open session on September 23, 2008, did publicly open, examine, and declare seven sealed bids for Phase Three of the National City Parks Rehabilitation Project for the Repair and Improvement of Multiple Buildings and Structures, such as Restrooms, Snack Bars, Score Shacks, and ADA Improvements. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for Phase Three of the National City Parks Rehabilitation to the lowest responsive, responsible bidder, to wit: 3-D ENTERPRISES, INC. BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract with 3-D Enterprises, Inc., in the base amount of $151,268, and three alternative bid amounts in the amount of $72,000, for a total amount of $223,268 for Phase Three of the National City Parks Rehabilitation Project for the Repair and Improvement of Multiple Buildings and Structures, such as Restrooms, Snack Bars, Score Shacks, and ADA Improvements. Said contract is on file in the office of the City Clerk. PASSED and ADOPTED this 7th day of October, 2008. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 4)- CALIFORNIA •-* NA:xo' { env l N �3CSJV� �v 1 BID OPENING SPECIFICATION NUMBER: 07-06-C PROJECT TITLE: NATIONAL CITY CITY PARKS REHABILITATION PROJECT - I3EAUTIFICATION PACKAGE (PHASE 3) TIME: 4:00 P.M. ESTIMATE: $160,000 PROJECT ENGINEER: KENNI I'll FERNANDEZ NO. BIDDER'S NAME (PAGE. 13) BID AMOUNT (PAGE 17 ) ADDEND A (PAGE 13) BID SP.CURrrY I PAGF. 20-CnlCK (I'A(iti 2I-E3ONDI 1. 3-1) Enterprises, Inc. 2180 Garnet Avenue #2-C San Diego, CA 92109 ALT. 1 $ 2,000.00 ALT. 2 $ 24,000.00 Al .T. 3 $ 46,000.00 Base Bid $151,268.00 No. 1 Bond 2. Montgomery General Contracting 7084 Springford Avenue San Diego, CA 92114 Alt. 1 $ 175.00 Alt. 2 $ 11,200.00 Alt. 3 $ 0 Base Bid $181,172.00 No. I Bond 3. San Diego Real Estate 3772 Helix Street Spring Valley, CA 91977 Alt. 1 $ 18,000.00 Alt. 2 $ 40,000.00 Alt. 3 $ 75,000.00 Base Bid $199,700.00 No.l Bond 4. Healy Construction, Co 1545 Tidelands Avenue National City, CA 91950 Alt. 1 $ 14,000.00 Alt 2 $ 25,000.00 Alt 3 $ 0 Base Bid $244,154.00 No. 1 Bond 5. Fordyce Construction 9932 Prospect Avenue, #138 Santee, CA 92071 Alt. 1 $ 22,125.00 Alt. 2 $ 47,200.00 Alt 3 $ 66,375.00 Base Bid $248,932.00 No. 1 Bond 6. Heffler Company 1800 McKinley Avenue National City, CA 91950 Alt. 1 $ 18,000.00 Alt. 2 $ 28,000.00 Alt. 3 $ 30,000.00 Base Bid $254,303.00 No. 1 Bond 7. St. "Thomas Enterprises, Inc. 3817 Paltn Drive Bonita, CA 91902 Alt. 1 $ 22,000.00 Alt 2. $ 40,000.00 Alt. 3 $ 42,000.00 Base Bid $341,000.00 No. I Bond 5.1 1 1 VI Plat-% I 15-111"I.. 5,1 I I 1-11LJ 5.15.JIVIIVIP9IN I PROJECT NAME: FIGURES CHECKED BY: Kenneth Fernandez 9272008 NAT:ON AI UM PARKS RCii.SRI! IrATION PROlE(71'PHASE. 0 SPECII:ICA '.0 PROJECT '02 CY-X-C FILE NO RID DATE FlIF,SEP 2.1.2III399 ,IIIP3.1 APPARESTI.0%% BIDDER 3.0 LoIrrpri.. 1.0SA RID AN10l •E7401:54FRSISI:INIAIL NO. .4 19 11 ENS EL TOYON PARK $1011.. COK'CRETt.WALX SI.I3GRADE PREPARATION 3 PC( SMPA AUS LAST RESTROosi RE \IONE CMI WAL PAINT INTItRIORMALLS 5ANU (,1.AS1 CONCRU:i: FLOOR FIST RESTROOKS TRE.Lls RAINT isiTFRIOR WEST RI:SI-ROOM SAND BLAST CONCRETE FLOOR PA!NT INiERJOR \KALI S srok!. SNACK = • E'A:NT INTER:OR WA; I.S SCORf SHACK PAINT INTERIOR WATTS Ell_"(I511,15 INTERIOR WALL S EA...CI-FOCAL BOX iNTER:OR 5.51 S SCORI- bolLAD PAINT INTERIOR WAI.E.S KIMBALL. PARK kEMOt I; ACC1"SS187 5 RAMP 5P.)10) L ('075N LINK F RI%1() CONCKE. II: WALK PARKING 5O1 5.5'R()1:011:1 IRON 1,51l; Fi2N4. PAINT- TkELL 3.51101)FR50I \ l; .._ h WEST RFSTR006.1 FAINT INTERIOR WALLS 1:LEC:150( Al, ROOM 1.; 5l •:'II SlEMBRANI: Roorr, AN': NTER!OR $$.$iTS L_ ( RF5TRO(15.1 CHECKLIST SIGKAT.JRES ARF A.F xE7. 1,X -2,2E & A'AC;iNT BeNC (X ; 463(END0A53 TO BF AC,{NOWL•EZ):38 QTY. UNIT $1,3,115. A5D1.141,A1S 4<3.4:3.5 (0 1 131:61 111,.. W.-kr 0311;,..1-1.19 L ARCHITECTIENGINEER'S " Ln'r ,2;141: s•. 62t s v:11, ESTIMATE 13.1.312.31V C0S 1 2 shmitan,0,,I onigt6reut8Isf -911Springinrd 4.. SII 92111 619.5/1.253i AL 0N37 COST 3 Vow lune 1 6.. 1,-3 lir. St S,rto6 s19-• 611411.39AV VF.R LAM 1. S1 KIDDING (05 rRA( - COS- TOTAL IN - :C.S7 SI 3.6 S < -03 <1 3 ..., S , -1 6 44; 6:1. S S. ` i 5 SO 22 $ iTh 68 $ s I 5,' 5 2,... 1,1 > ,.11`, S. 2:... S: S. . - SF S6 63 s ;3.4,5 3.1 $ 33R: $ 5. Is 6:: S 4 1 34s Ill S •S :./ S 4.; 52, 91 S Iss. SI 656 35I 5 : 3;<6 "9. $ 1.55C :5 • S . ":", :II. S .: 9•2 39 $ 2,,1573I? 5 i :I50 SF If, 25 s ' ;i ;.,3• $ 2 ,A, . i K7 5 : :5.; ‘:-. i R.515 ;:5. LS S' 'C4 26 5 i iii4 :53: 5 2.425; 5•) 3. . '3., 2,.. S ..57/57.(;• 5. .... _ . L5 SI 656 3; 5 3 ;-56 33;...s 3,:15<c s :.(167 I': S .: .35 r. s LS S' :04 2t 5 . 35,: .2.3,.. S S 2 5.25 $'.., s 2 .I.I5 $ 1 3:$ 1.3. . ...• ' .32 93,,. 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S .. 2.• :.• $ .2$ )9 S ....., ,, S 9 x2 S 17 x4 S f .; , S i‘1' 2 $ 2' p..: $ SF SS 2S S - •;23...7, S . $ 2 ,;• •• 2 ;;.; ,,, s -.'' .1 ..-.:, , h2 1 t : ;, ).. 1,..- 5.98 7- 44 i 44 • S s 55 2E '.5 S : Z zi , t-d t PIPN I 1U1s4P.L. t...1 I T - OIL) JUIVIIVIAKT PROJECT NAME: FIGURES CHECKED BY: Ker.r.eth Femanoez 9:2722008 .ARK": REHADE, 'G3 PROJECT 'PHASE SPE.C:FR A 2:1's. NO P •( FILE NO BID DA I F. TI F 55.5' .•'• APPARENT 1.0c, 8101/48• F.D Ftp,,,••••• BID A %10l.5.7 Sl31.:J4I F N,,t,•FFILS L51'01..11 SiLp.opt• CHECKLIST A.,. S'I3NATLIRE5 ARE AF, XEIT 2-5,cE ANC.,,N7 OF • BE /,AN.2"/,5,612511E NO ITEM QTY. UNIT FO- i2 \ 1‘• PAIN: INTER:OR '5 AL LS ANDIE" AS'. EON( FLOOR SCOPE. SHACK ;1 RES'Ai's & REPLACE CONcf,,ETF SCORE SHACK /I: REMOVE & REPLACE CON(.'AFT:. 3:1f. ROOFfNC, LAS PALMAS PARK RLMOS'E A:2 PAVINti RENE/ E F (:/NCILLTE, V• 51 K 15(.5 ADE PREPARATION sDEWA: K •-• ANDit ILASIP l'cRKING LOT STIMEING r<ir• onTING,!s-x 5. • if,Fc SIFF. RE] A! I S SCORE. SHACK IdESIOVI SECOND FLOOR !: (Ko,IF FRAN1:NG !: x:, I • \ Ikl ;L: • P ANi SCORE Sii 54 I6531,\ SECOND F! !Root' SHEA 4 .• ,ROOT 1 RAMIs(:, siLL .i SIDING l' 511 ILE • LE' MES13RAS•F ffoOrf\c, FAST 6ESIR00051 5.. ARCHITECT/ENGINEER'S RNA. i3 LOSS Sf5)534, :s 55522 sf- 55 25 ESTIMATE $1 134 2C. $9 94 Sf. 3394 51 35 SI 38 517 SO 22 sr 56 5:2. 5' 656 3E• $2. 3'5 2:7" (3 5E5.2 54 SE .55E 92 LS 3' 404 26 si $4 42 56 25 55 52 S5 25 1.5 5'6.7 31 53 5 • .?F, '57 s S' 2€. 5442 (5: 3533 I.1 S5 52 SS 25 Ls 5.16 • 2( 4f) • • 851 271 515' 6,5 f.."640. 6116911 5949 crST 003S-- 7:22-4f. ;0'TOS 52 : $ . ;2, 2' 5 .;% S • : $ • • 5.05 • • . :-. 2 s • • . s • CONi RAET0115, 2 I.": 5 : :is..,) S o 5 , .. s 52' ' '' 5' i.:.; 2 • ,.. C • .., s 22 ": " - • . . c . ' c , ',. .5 • AE' 'Ic • ' 2 " • s 2. 2. ' 32 S ,4 's s , - ,, , 3. x s s',3 s, s : 1: -,, , -f.: -',, S 1, 2 s x ." *4 S ..y, .,, s , 2:.. , '..,, • 1, : i., , ,e, , 5 " , .,,,0..., 5 I ,1X 25. S ','S 2, $ 0',32 i - 5 2 , -3 y' s cc , , ,,,ffI., I. S , , c ‘,/..2. '- 5 95,3 < , . s . ) - :' 5 ;::5 *.• : -''4) 4 ... ), ! , tik: • :: 4 5 '• , 1 s • : '24 2K. "3 s VS I I VI I "IPS I IVI9r1V V( I I V/S VVVVVV "I% I PROJECT NAME: FIGURES CHECKED BY: Kenner) Fernandez 9;2712CC8 NA -NON AL I. PARKS REHABILITATION P50.IE01 s) SPEI-IFIC AI los, No .:0-I(0C nRC...EOT NO 07,25.0 FILL 9O. BID DAZETI•F SLY 'a PM .A,ppARENT LOW BIDDER .1•D Enttrprtve, LOSS, MD A MOL SIs1.20117! .1.9GINEERs 0111145F S1,17,717P7.717ase 177t1 tn1•1 NO !TVA s2 PAINT 11\7 ERIOR WALI S WI-ST RESTROOM c, Pits,: IN PERIOR WALLS s • ss! SNACK BAR SHADE STRUCTURE CAS1 •I's•Pi.ACE CONCKETI, RUST FOO!'INGS R(RIF THIN:6 14.1 X: 1/. IROUI, FRAMING) 25.9 ACIA 2.X1! "151. 4 X, RE ',V 4 10. Y 774•11.1 • I.:21 slt.SIBRANE KOOFts,t, IzI:s•OVI• s REPLAc E CHAIN LINK FENCII AT I,1 I os os. PARK PPR ADDFNItl,M PAU\ T 171!!fl I \43 \ ANDARDS (dC INcLi A..) ISO. stOs I)I INSFLISTEES AT TOP OF / S I ANDARDS PER ADVENT/I:SI .!; • I 7,1,7 .11<,``7,7 ‘177 ! 04: ••1 1 AIN SYSTEM 51 If 1 , (IRANITF. PATHWAY BASE BID TOTAL (Determines apparent lowest bidder per specifica(ions) lx CHECKLIST 70. SIGNATURES ARE AFrizED "s RE & AMOUNT oF BONG DEs.0L;mI; TO BE AcKNOVvLEI)GE QTY. UNIT SI ARCHITECT/ENGINEER'S S5 25 SS 25 ........ 2 3 27.! ! .!•21 •17 k ESTIMATE . • UNIT COST 7075. ON,T COsT 3 5 P- I.S S • 556 35 C I 7 ` (5St2C7 34 Sr S4 42 44: 6194764331 20 S • II' S5 25 S "M, 1,', S S5 52 S :::( KS S 4;):: cu! s 4 2119 h ! j 4' 1. I.' 35 25 LE12 77.4 4 ::.1 I 4 i F 57 7.-3 s • 2,,17, , 5 2 : ,,, S SO $198 77 S —», ' ' s , .• .:, S :, 522. 4 7 S t• 451 ;•4 ` 727 2./ t 5.,!47 ' \ S•n1/7e,.. Me, 1777ate lune ! 117, ‘77,717, 61976987397719 '01A, UNIT COS' "OTAL . ' •7 SS S :7%; 5,- S ','..:! S. -sg r4 - s SS, ' StO, ,;57 S S 5! 1 s,:i :,.. 5 - KB 5 I 2 I., 5)) S 15210 S , s4 4. ,S,' s4 1:2 B,.: S (: s,; S 27': OS S 12 S . . l 12 S: .•:': S77 57 17 S.` S :! 7 :7•7 S N 77 S .., 2S 22 S .• ,,5 4 I. 5,.. S S , ,s S ", 21 4 1s: .. \-FRAct: 5 LowEss:ptpplm, coNTRAcrops) --07AL S :" , s ) $12 000 • 5 . s . DOC, C S 1.7 17 7,7I• 777 S I :.:/•:• • 7;17 71 • .. City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 7, 2008 AGENDA ITEM NO. 15 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REVISING CITY COUNCIL POLICY NO. 704 PERTAINING TO LIMITATION ON CITY APPROVED SPECIAL EVENTS WITHIN THE CITY L PREPARED BY Kaseem Baker Phone: (619) 336-4274 DEPARTMENT Community Services EXPLANATION '[his item authorizes City Council 704 policy to be revised. City Council policy 704 was adopted on November 15, 1988 and was created to establish a policy that limited the number of special events held within the City and provide guidelines to insure public safety. Previously T.U.P. events at El Toyon Park were limited to 50 or fewer participants. Approval of this revision will exclude the use of F1 Toyon Park for non -City special events. Temporary and Facility Use Permits will be prohibited. Environmental Review NI N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the resolution BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 704 Policy A-200 (9/99) RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING CITY COUNCIL POLICY NO. 704 PERTAINING TO LIMITATION OF CITY -APPROVED SPECIAL EVENTS WITHIN THE CITY BE IT RESOLVED by the City Council of the City of National City that City Council Policy No. 704, entitled "Limitation of City -Approved Special Events within the City", is amended as recommended by the Acting Community Services Director. PASSED and ADOPTED this 7th day of October, 2008. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney CITY COUNCIL POLICY TITLE: LIMITATION ON CITY COUNCIL APPROVED SPECIAL EVENTS WITHIN THE CITY POLICY NUMBER 704 ADOPTED: November 15, 1988 AMENDED OR REVISED: October 7, 2008 Purpose The City council recognized the potential impact of various special events within the City, specifically when held concurrently, upon Police Department resources and public safety. The purpose of this policy is to limit the number of such events held concurrently in recognition of that potential impact and provide guidelines to insure public safety. Policy Those City approved temporary use activities listed under "Class A Uses/Activities" in the attached sheet (with the exception of "mobile home type structures,"' which arc already limited to periods no longer that one year), shall be limited to no more than two occurring concurrently on a given day with the exception of city parks where special events shall be limited to one on a given day with a minimum of six weeks between special evens in order to allow the grass and park to rejuvenate. The Police Department shall indicate on the Temporary Use Permit application from prior to its submission to the City Council, the potential impact of a particular event upon Police resources or public safety. Each event will have necessary security as detennined by the National City Police Department. This security can he a) private security, b) combination of private security and police officers, c) police officers and reserve officers. The Police Department must approve security arrangements prior to the issuance of a temporary Use Permit. The person or organization responsible for the event will he required to pay for officers assigned to the event. There will he no officers initially assigned to the event; further charge will be made to the operation or responsible organization. As an example, if an event is required to have four officers present and police activity increases and additional officers are required, there would he no charge for those additional officers. Alcohol will he prohibited to reduce chances of violence and disorderly conduct. A fence may he required, at the discretion of the Police Department, based upon, 1) event location, 2) past activity at the site, 3) estimated crowd and, 4) type of entertainment in order to control access to the activity by large groups of people. Activities will not operate between the hours of 1 1 pm and Sam on any day. 'there will he no sales of tickets for any activity one half hour before closing time. If there is an imminent danger to the well being of citizens, the Police Department shall adjust operations hours. The City Council may, by its specific action, waive the subject limit for a particular event, if in its view, no adverse impact upon Police Department resources or public safety would result. The Fire Department is to have absolute authority, control, and decisions over all fireworks and or pyrotechnic displays. Outdoor Events at the Community Center A Temporary Use Permit is required for events in the park or parking lot adjacent to the Community Center subject to the provisions of Chapter 15.60 of the NCMC and/or the "TUP Guidelines for Use of City Parks" as established by the Community Services Director. In addition, a Temporary Use Permit is required for the use of the park or parking lot adjacent to the Community Center in conjunction with an event in the Community Center subject to the provisions of Chapter 15.60 of the NCMC and/or the "TUP Guidelines for Use of City Parks" as established by the Community Services Director. Late T.U.P. Applications At the discretion of the Building & Safety Director, Temporary Use Permit applications may be accepted for processing less than 15 working days prior to the date of the event provided the Building & Safety Director finds the size and scope of the event lends the application to expedited review by City departments and evaluation by the City Council. In no event shall a Temporary Use Permit application involving more than 500 participants receive expedited processing without prior approval of the City Council. Photography/Motion Picture Permits The Director of Building & Safety is designated as the individual to work directly with the film industry. The Director of Building & Safety shall develop administrative policies and procedures to implement the California Film Commission's Model Filming Permit Process to the greatest extent possible. The following Temporary Use Permits are required for photography and/or motion picture filming: Class A: Photography or filming on public or private property that requires street closures and/or traffic control in excess of three minutes, or that involves stunts or special effects which may require City services. Class I3: Photography or filming on public or private property that does not involve street closures and/or traffic control in excess of three minutes and does not involve stunts or special effects which may require City services. Applications for a Temporary Use Permit for Photography/Filming shall be based on the model photography/filming developed by the California Film Commission. Applications shall he filed with the Building & Safety Department in the following Specified number of days prior to the date the filming is to occur: Class A: Class B: 10 working days 2 working days The applicant may he required to reimburse the City for costs incurred in providing support services in conjunction with a Temporary Use Permit for Photography/Filming. Class A and Class B applications shall be accompanied by a Certificate of Insurance and Neighborhood Notification Form when deemed appropriate by the Risk Manager and the Director of Building & Safety. T.U.P Processing Fee Waivers The City Council shall waive T.U.P. processing fees only in the case of a non-profit organization, and when such organization can demonstrate that the event for which the T.U.P is requested will not generate any income to the organization, or that the net proceeds of the event for which the T.U.P is requested result in: 1.) Direct financial benefit to an individual who resides or its employed in the city, and who is in dire financial need due to health reasons or a death in the family, or 2.) Direct financial benefit to city government, e.g. generation of sales tax; or 3.) Direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city, e.g. Kiwanis, Rotary, Lion, Boys and Girls Club; or 4.) Direct financial benefit to an organization which has been in the direct recipient of City or Community Development Block Grant (CDBG) funding. T.U.P. Events at El Toyon Park T.U.P. events at El Toyon Park are prohibited. T.U.P. Event Notification Procedures It shall he the responsibility of the T.U.P. applicant to provide written notification to occupants of property adjacent to a City park for events in the park which involve any of the following activities: 1) Live musical performances 3) Fireworks or similar pyrotechnic 2) Use of amplified sound displays systems other than hand-held 4) Other activities or events or portable systems. which the City Council deems warrant notification. The written notification shall include the naine and telephone number of the sponsor of the event, the nature of the event, the date and hours of set-up and tear -down for the event, the date and hours of the event, and the name of the sponsor's representative who will he at the park on the day(s) of the event and how that individual may he contacted the need arise. The written notification shall he mailed to the occupants of properties abutting City parks as reflected on maps prepared by the Building & Safety Department. The written notification shall be submitted to the Building & Safety Director for review and approval prior to mailing. The date of mailing of the notification shall he scheduled so that the notification will be received by property occupants no less than 72 hours prior to the start of set-up activities for the event. Failure to provide notification as stated herein may be cause for the revocation of T.U.P. approval for the event, or denial of future T.U.P. applications submitted by the sponsoring organization. Related Policy References Municipal Code Chapter 18.118 Municipal Code Section 6.28 Municipal Code Section 6.52 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 7, 2008 AGENDA ITEM NO. 16 ITEM TITLE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT FOR FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES FOR THE LOWER SWEETWATER FIRE PROTECTION DISTRICT FOR AT LEAST $170,540.44 PER YEAR PREPARED BY Walter Amedee DEPARTMENT F. (Ext. 4556) EXPLANATION The National City Fire Department has provided fire protection and emergency medical services to the Lower Sweetwater Fire Protection District since March 1982. In 1998, the Fire District proposed that the annual service fee be based on increases in the "Consumer Price Index for All Urban Consumers" (CPI), for the San Diego metropolitan area according to the U.S. Department of Labor Bureau of Statistics. Costs for providing these services are fully recovered. The term of the current Agreement will expire on September 30, 2008. It is recommended that a new Agreement be signed and continue in full force and effect until either party exercises the right to terminate the Agreement. The current quarterly total of $42,635.11 will be adjusted on October 1, 2008, based upon the percent of any increases in the CPI during the period of June 30, 2007 — June 30, 2008. The adjusted quarterly payment shall be in effect from October 1, 2008 — October 1, 2009. This agreement may be terminated by either party within three (3) months from the delivery of notice or as mutually agreed upon by the parties. Environmental Review J N/A Financial Statement Approved By: Finance Director All costs associated with providing fire and emergency medical services are fully recovered. Account No. STAFF RECOMMENDATION Authorize the Mayor to sign the Agreement for Fire Protection and Emergency Medical Services for the Lower Sweetwater Fire Protection District. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. 1. Agreement for Fire Protection and Emergency Medical Services for the Lower Sweetwater Fire Protection District. 2. Resolution A-200 (9/99) RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE LOWER SWEETWATER FIRE PROTECTION DISTRICT FOR THE CITY FOR A MINIMUM AMOUNT OF $170,540.44 PER YEAR TO PROVIDE FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES WHEREAS, the National City Fire Department has provided fire protection and emergency medical services to the Lower Sweetwater Fire Protection District ("Fire District") since March, 1982; and WHEREAS, in 1998, the Fire District proposed that the annual service fee, which is fully recovered, be based on increases in the "Consumer Price Index for all Urban Consumers" (CPI), for the San Diego metropolitan area according to the U.S. Department of Labor Bureau of Statistics; and WHEREAS; the City and the Fire District desire to extend the term of the current agreement, which expires on September 30, 2008, until it is terminated by either party within three (3) months from the delivery of notice or as mutually agreed upon by the parties; and WHEREAS, the current quarterly total of $41,635.11 will be adjusted on October 1, 2008, based upon the percent of any increases in the CPI during the period of June 30, 2007 through June 30, 2008. The adjusted quarterly payment will be in effect from October 1, 2008 through October 1, 2009. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Agreement between the City of National City and the Lower Sweetwater Fire Protection District for the National City Fire Department to provide fire protection and emergency medical services. Said Agreement is on file in the Office of the City Clerk. PASSED and ADOPTED this 7th day of October, 2008. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney AGREEMENT FOR FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES FOR TIIE LOWER SWEETWATER FIRE PROTECTION DISTRICT THIS AGREEMENT is entered into this 7th day of October, 2008, by and between the City of National City ("CITY") and the Lower Sweetwater Fire Protection District ("LSFPD"). WITNESSETH WHEREAS, the CITY has been providing fire protection and emergency medical services to the LSFPD since entering an agreement entitled "Agreement for Fire Protection and Emergency Medical Services for the Lower Sweetwater Fire Protection District" on November 17, 1998, and WHEREAS, the LSFPD was organized to provide fire protection to its citizens, and WHEREAS, the CITY lies contiguous to District territory and maintains professional fire protection and emergency medical service within its CITY, and WHEREAS, the CITY is willing to provide fire protection, emergency medical and related services to the LSFPD. NOW, THEREFORE, IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: 1. GENERAL CONDITIONS. The CITY agrees to provide fire protection and emergency medical services to the LSFPD. Furthermore, the CITY agrees to include the LSFPD in the CITY's paramedic service area, as long as said service remains a non -subsidized service to the CITY. In addition the CITY agrees to provide the following fire prevention related services: Code Enforcement. The LSFPD shall agree to adopt the Uniform Fire Code and amendments as specified by the National City Fire Department. Prior to any additional change to the Uniform Fire Code as Amended on October 1, 2008 taking effect for the LSFPD, a 30-day notice will be provided to the LSFPD, to allow review of the change or amendment. Enforcement procedures shall be developed by the National City Fire Marshal and shall meet with the approval of the National City Fire Chief and the LSFPD Board of Directors. Enforcement procedures shall be based on a "complaint basis only". Complaints received by the National City Fire Department shall be investigated and a written report submitted to the Board of Directors. The Board of Directors shall advise the National City Fire Department on action to be taken. The National City Fire Department reserves the right to take immediate action on complaints received that represent an imminent hazard to life and property (including hazardous materials) whenever necessary. In such cases, a written report shall be submitted to the LSFPD Board of Directors of any action taken by the National City Fire Department. The issuance of permits as set forth in the Uniform Fire Page 1 Code is included as Code Enforcement. Building Plan Review. Plan checks shall be done in accordance with the Uniform Fire Code as adopted by the CITY. Weed Abatement. Shall be handled on a complaint basis only. AU weed abatement enforcement actions shall be carried out in accordance with the CITY's Abatement Ordinance and the Uniform Fire Code. Complaints shall be forwarded to the Chairman of the Board of Directors for review. Complaints requiring further action will be forwarded to the National City Fire Marshal for action. Business Fire Safety Inspections. Shall be conducted by the National City Fire Department at the request of the business owner/manager only. Enforcement procedures shall be in accordance with the Uniform Fire Code, National Fire Protection Association (NFPA), and Municipal Codes and Ordinances. The LSFPD Board of Directors shall be advised in writing by the National City Fire Department of any action taken in those cases where an imminent hazard has been found to exist. Legal Services. It is understood that the City of National City's City Attorney will provide no legal services regarding any of the fire prevention related services described above. 2. TERM. This agreement will commence on October 1, 2008 and continue in full force and effect until either party exercises the right to terminate as setforth in Section 3 "TERMINATION". 3. TERMINATION. This agreement may be terminated by either of the parties hereto upon delivery of a written notice of intent to terminate from the initiating governing body to the other governing body. Said termination shall become effective three (3) months from the delivery of notice or as mutually agreed upon by the parties. 4. QUARTERLY SERVICE FEE PAYMENTS. For each quarter year during the term of this agreement, commencing on October 1, 2008, and continuing thereafter of each subsequent quarter year (January 1, April 1, July 1, and October 1), the LSFPD agrees to pay the CITY advance quarterly payments for services. The current quarterly total is $42,635.11. Fire Prevention Services shall be charged according to the current CITY's Fee Schedule. 5. QUARTERLY SERVICE FEE ADJUSTMENTS. The current Quarterly Service Fee of $42,635.11 shall be adjusted as of October 1, 2008, based upon the percent of any increases in the Consumer Price Index for All Urban Consumers, (CPI) for the San Diego metropolitan area according to the U.S. Department of Labor's Bureau of Statistics during the period of June 30, 2007 — June 30, 2008. The adjusted payment shall be in effect from October 1, 2008 -- October 1, 2009. 6. IMPLEMENTATION. The CITY and the LSFPD shall exercise their best efforts to implement the terms and conditions of this agreement. Page 2 7. NO MANDATORY DUTY. The obligations assumed by the CITY pursuant to this agreement shall not create a mandatory duty on the part of the CITY or any officer or employee of the CITY under Section 815.6 of the California Government Code. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first herein set forth. CITY OF NATIONAL CITY LOWER SWEETWATER FIRE PROTECTION DISTRICT By: By: . ( (3 Ron Morrison, Mayor Kurt Worden, Chairman ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, ITI City Attorney Page 3 City of National City, California COUNCIL AGENDA STATEMENT _.EETING DATE October 7, 2008 AGENDA ITEM NO. 17 / ITEM TITLE Warrant Register #10 for the period of 08/27/08 through 09/02/08 in the Amount of $428,552.71 PREPARED BY D. Gallegos -Finance DEPARTMENT EXPLANATION Finance EXT. Jeanette Ladrido 619-3 36-43 31 Per Government Section Code 37208, attached are the warrants issued for the period of 08/27/08 through 09/02/08. The Finance Department has implemented a policy to provide explanation of all warrants Above $50,000.00 Vendor Check# Amount Explanation Ma Stevens Construction 222542 228,466.90 Library Remodel 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 $428,552.71 BOARD / COMMISSI COM 1. Warrant Register #1 ATTACHMENTS ( Listed Below Resolution No. A-200 (Rev. 7/03) 1 of 5 C A171:6, RNLA T -• , INCORpORATEl WARRANT REGISTER # 10 9/2/2008 Payee Description chk no chk date Amount AT&T/MCI PHONE XXX-7549 Jl1LY 2008 222539 8/27/08 7,652.52 AT&T/MCI PHONE XXX-9738 08/13-09/12/08 222540 8/27/08 167.28 L.AFRENIERE EDUCATIONAL. Rl 1MB - FIRE. 222541 8/28/08 51.00 MA STEVENS CONSTRUCTION LIBRARY REMOI)L:I. 222542 8/28/08 228,466.90 MOTIVATIONAL SYSTEMS INC NC WEEK - TRAILOR WRAP DEPOSIT 222543 8/28/08 4,252.12 U S HEALTHWORKS MEDICAL. SERVICES JUNE 2008 222544 8/28/08 395.00 COPY POST PRINTING POSTAGE: FEE 222545 8/28/08 336.42 ACED() RETIREE IIEAL TI I BENEFIT SEP'08 222546 9/2/08 160.00 AI.CEM FENCE CO.. INC.. GALVANIZED BUMPER 222547 9/2/08 58.40 `LL FRESH FOOL)/CONSUMABLES 222548 9/2/08 687.33 ,t1,LEN RETIREE HELATII BENEFITS SEP'08 222549 9/2/08 125.00 AMERICAN ROTARY BROOM CO.. INC MOP #62683 SWEEPER PARTS 222550 9/2/08 344.61 AT&T/MCI PHONE XXX-9751 08/13-09/12/08 222551 9/2/08 165.44 AV GUYS Ll1MEN VIDEO/DATA P1 222552 9/2/08 2,185.67 BANC OE AMERICA PUBLIC & CAT LOADER EQPT LEASE PMT# 10 222553 9/2/08 3,077.02 BEHAVIOR ANALYSIS TRAINING INTERV & IN ERRGN COURSE - PD 222554 9/2/08 472.00 BISHOP COMPANY MARVIN PRUNER SPRING 222555 9/2/08 265.15 BLIK MARKETING & BRAND IMPLEMENT 222556 9/2/08 10,000.00 BOYF) RETIREE HEALTH BENEFITS SEP'08 222557 9/2/08 145.00 C W REED JR RETIREMENT 2000964-S90 SEP'08 222558 9/2/08 1,087.23 CALDERON DEPOSIT#77I 1411 E 17TI1 STREET 222559 9/2/08 1,000.00 CALIFORNIA BAKING CO. BREAD PRODUCTS S 222560 9/2/08 288.00 CALIFORNIA COMMERCIAL. SECURITY MOP #45754 MISCL HIGH SECURIY KB 222561 9/2/08 87.00 CLIILI)REN'S HOSPITAL CHILD SEXUAL. ABUSE EXAMS 222562 9/2/08 2,582.00 ITY OF CHULA VISTA ANIMAL SIIELIER COSTS 222563 9/2/08 8,265.51 2 of 5 WARRANT REGISTER # 10 9/2/2008 Payee Description chk no chk date Amount CONDON RETIREE HEAL: TII BENEFIT SEP'08 222564 9/2/08 280.00 CORPORATE EXPRESS S8 OFFICE SUPPLIES 222565 9/2/08 1,748.35 CTS LANGUAGE LINK 2008 ELECTION - TRANSLATION 222566 9/2/08 180.00 DALI,A REGISTRATION FEE REIM13 222567 9/2/08 215.00 DANIELS TIRE SERVICE WRANGLER S/A SI, BLK 222568 9/2/08 473.64 DATA "TICKET INC PC TICKETS FOR PARKING 222569 9/2/08 3,857.10 DEiFRATIS RETIREE HEALTI I BENEFITS SLP'08 222570 9/2/08 120.00 DICERCI IIO RE: TIREE HEALTH BENEFITS SEP'08 222571 9/2/08 70.00 DIEHL EVANS & COMPANY 1.LI' 2008 REDEVELOPMENT RECAST - FIN 222572 9/2/08 275.00 DISCOUNT SCHOOL. SUPPLY ORGANIZER DRAWERICRAYONS/GLIDE 222573 9/2/08 318.41 DIXIEI.INF LUMBER CO. MARKING AI'WA WHITE SPEC 07-3 222574 9/2/08 1,663.41 DREDGE RETIREE IIF,ALTH BENEFITS SEP'08 222575 9/2/08 250.00 DREW FORT) MOP #45754 SENSOR ASSEMBLY 222576 9/2/08 163.20 EWERT. PI►IL1.IP RETIREE HEALTH BENEFITS SEP'08 222577 9/2/08 160.00 FINGERPRINT AMERICA CHILD ID FINGERPRINTING 222578 9/2/08 2,214.00 FIRE ETC HALE REPAIRS KITS 222579 9/2/08 85.91 FON-JON KENNELS KENNEL FEES FOR POLICE K9'S 222580 9/2/08 150.00 GENESIS COATINGS, INC. GRAFFITI REMOVAL 222581 9/2/08 354.47 GRAINGER MOP65179 FAN,BATHROOM EXHAUST 222582 9/2/08 317.25 GROSSMAN PSYCHOLOGICAL ASSOC. OFFICER ASSISTANCE, JUL/AUG/SEP 08 222583 9/2/08 2,737.50 HAMII,TON MEATS & PROVISIONS MEAT" PRODUCTS 222584 9/2/08 1,273.12 IIAMII.TON RETIREE HEALTTI BENEFITS SEP'08 222585 9/2/08 100.00 HAPPY SOFWARE, INC S8 SOFTWARE SUPPORT RENEWAL, 222586 9/2/08 5,416.00 lldl. COREN & CONE CONTRACT SVC PROPERTY FAX CDC 222587 9/2/08 1,200.00 lidl. COREN & CONE CONTRACT" SVC PROPERTY FAX CITY 222588 9/2/08 1,200.00 7 3 of 5 WARRANT REGISTER # 10 9/2/2008 Payee Description chk no chk date Amount HOL.LOWAY RETIREE HE.AI,TI{ BENEFITS SEP'08 222589 9/2/08 150.00 HYDRO-SCAPE; PRODUCTS INC. MOP#65179 C'ARSON 18" BOX/COVER 222590 9/2/08 784.88 ICMA GOVERMNT AND BDGT BOOKS - PIN 222591 9/2/08 122.84 INFRASTRUCTURE ENGINEERING ENGINEERING PLANNING SVCS 222592 9/2/08 11.985.62 INT'L HISPANIC NETWORK IIIN ANNUAL DINNER - CM 222593 9/2/08 30.00 JAMES PUI3LISHIN(i GUERRILLA DISCOVERY REVISION 222594 9/2/08 72.68 KIMBLE Rl IIRl;E HEAI;I II BENEFITS SEP'08 222595 9/2/08 300.00 KOLANDA RETIREE HEALI'II BENEFITS SEP'08 222596 9/2/08 135.00 1.IEBERT CASSIDY WHITMORE LEGAL SERVICES JUL'08 222597 9/2/08 1,300.00 IAIIENZO RETIREE HEAI;IT1 BENEFITS SEP'08 222598 9/2/08 100.00 MCCABE RETIREE HEAL.TI I BENEFITS SEP'08 222599 9/2/08 280.00 MCGUIRE. DISTRIBUTION MILK PRODUCTS 222600 9/2/08 622.20 METRO FIRE EQUIPMENT CIIANGL APPLIANCE NOZZLE/DROP 222601 9/2/08 285.00 MURRAY RETIREE HEAI.TI I BENEFITS SEP'08 222602 9/2/08 150.00 N C CHAMBER ()F COMMERCE SALUTE TO NAVY LUNCI IEON - ATCY 222603 9/2/08 80.00 N C CHAMBER OF COMMERCE SALUTE TO NAVY I.IJNCE IEON - CM 222604 9/2/08 80.00 NAPA AUTO PARTS MOP #45735 BRAKE ROTOR 222605 9/2/08 542.80 NATIONAL, CITY I LOST LIONS CLUB 4T11 OF JULY FIREWORKS DISPLAY 222606 9/2/08 6,875.00 NOSAL. WII.LIAM A. RETIREMENT SETTLEMENT SEP'08 222607 9/2/08 1,028.54 OLIVER PRODUCTS COMPANY SRML TRAYS 222608 9/2/08 1,424.16 ONG REFUND BUSINESS I.IC DENIED 222609 9/2/08 50.00 PACIFIC AUTO REPAIR LABOR, REMOVE/REPLACE STARTER 222610 9/2/08 418.90 PADRE JANITORIAL. SUPPLIES, INC JANITORIAE. SUPPLIES 222611 9/2/08 431.11 PA1,MA STORE EXP REIMB - CM 222612 9/2/08 101.52 'AEJL RETIREE HEALTH BENEFITS SEP'08 222613 9/2/08 340.00 3 4 of 5 WARRANT REGISTER # 10 9/2/2008 Payee Description chk no chk date Amount PISS&J PROVIDE - FINANCIAL WASTEWATER 222614 9/2/08 6,632.50 PDSI TFLESTAFF ANNUAL SVC/SUPPORT 222615 9/2/08 8,305.50 PERRY FORD PERFORM DIAGNOSTIC PINPOINT 222616 9/2/08 1,708.06 POTTER RETIREE IIEAl.TI1 BENEFITS SEP'08 222617 9/2/08 150.00 PRUDENTIAL. OVERALL, SUPPLY TOWELS - PD 222618 9/2/08 144.00 QUAL CHEM CORP. INDUSTRIAL, TRACING DYE 222619 9/2/08 443.03 RANDAI.L RETIREE HEALTH BENEFITS SEP'08 222620 9/2/08 140.00 RAY RETIREE I1EAI.TH BENEFITS SEP'08 222621 9/2/08 190.00 RED WING SIIOES SAFETY BOOTS 222622 9/2/08 125.00 ROCKHURST UNIV CONT EDUC CIR SEMINAR ATTENDED - PD 222623 9/2/08 74.3` ROTA STAFFING COMPANIES TEMP SERVICES - CM 222624 9/2/08 2,985.65 ROTH STAFFING COMPANIES TEMP AGENCY CHARGES - I IR 222625 9/2/08 927.81 R(1I7. RETIREE HEALTH BENEFITS SEP'08 222626 9/2/08 310.00 SAN DIEGO COUNTY HISPANIC SDCIICC ANNUAL MEMBERSHIP - CM 222627 9/2/08 250.00 SAN DIEGO GAS & ELECTRIC 1415 D AVE HM 07/17-08/15/08 222628 9/2/08 2,428.73 SAN DIEGO TROLLEY INC FLAGGING SERVICES - NHS 222629 9/2/08 36.25 SHERATON RICHMOND WEST CMA CONFERENCE - CM 222630 9/2/08 1,299.50 SHORT. CRAIG RETIREMENT IlEALTTI I3ENEFCI'S SEP'08 222631 9/2/08 300.00 SOUTHERN CALIF "TRUCK STOP MOP #45758 ULTRA LOW SULFUR 222632 9/2/08 155.00 SST) SYSTEMS FIX ENCODERS TO T111: IP ADDRESS 222633 9/2/08 208.00 STRATACOM INV 1106537 STATIONARY SHELLS 222634 9/2/08 4,025.34 STUN TRUST NEW FIRE TRUCK# 1 PAYMT#55 222635 9/2/08 5,009.63 SYSCO SAN DIEGO CONSUMABLES 222636 9/2/08 3,693.02 TI IE LIGHTHOUSE, INC. MOP #45726 REPI. GLASS 222637 9/2/08 252.84 THE. LINCOLN NATIONAL 1.IFE INS. LIFE & AD&D STD LTD AUG 2008 222638 9/2/08 6,802.27 4 +�-• CALLt.9?NIA •-4- 5 of 5 Payee '10M MOYNAIIAN TIJLAGAN I. S RANK CORPORATE PAYMT SYS VALLEY INDUSTRIAL SPECIALTIES WELLS FARGO BANK WEST GROUP PAYMENT CENTER WESLl:LEX INDUSTRIAL WII.LY'S ELECTRONIC SUPPLY ZIETLOW. L)AVID 'IONS BANK /.UMAR INDUSTRIES . INCORPORATE) -- WARRANT REGISTER # 10 9/2/2008 Description MOP 45734 TOWING SRVC - PD REFUND B/1, OUT OF LOCATION CREDIT CARD EXP - PURCIIASING MOP #46453 TOILET SEAT CREDIT CART) EXPENSES CA COURT RULES MOP #63850 REPAIRS MOP 45763 MINOR EQUIPMENT- MIS RETIREE IlEAI.TIl BENEFITS SEP'08 13T/I LEASE PMT-800 M117. EQPMTS SPECIAL. LL ITERS/ARROW w;wllrrF chk no chk date Amount 222639 9/2/08 222640 9/2/08 222641 9/2/08 222642 9/2/08 222643 9/2/08 222644 9/2/08 222645 9/2/08 222646 9/2/08 222647 9/2/08 222648 9/2/08 222649 9/2/08 205.00 50.00 3,434.96 439.24 3,755.09 83.74 15.00 137.95 150.00 48,678.25 177.79 Total $ 428,552.71 Grand Total 428,552.71 5 -- CALLFQ.RNJA -�+ .- INCORPORATED Warrant Register # 10 8/27/2008 001 GENERAL FUND 101,326.16 105 PARKS MAINTENANCE FUND 875.07 109 GAS TAXES FUND 1,538.51 111 P.O.S.T. FUND 472.00 115 PARK & REC CAPITAL OUTLAY FUND 307.70 125 SEWER SERVICE FUND 19,856.25 136 TINY TOT CLASSES FUND 318.41 145 JUVENILE EDUCATION FUND 2,214.00 166 NUTRITION 10,850.31 172 TRASH RATE STABILIZATION FUND 461.55 212 PERSONNEL COMPENSATION FUND 6,220.77 246 WINGS GRANT 3.96 301 GRANT-C. D. B. G. 5,009.63 307 PROPOSITION A" FUND 489.38 502 SECTION 8 FUND 6,201.35 511 TAX INCREMENT FUND 247,727.46 522 LOW/MODERATE HOUSING FUND 312.13 626 FACILITIES MAINT FUND 2,540.58 628 GENERAL SERVICES FUND 6,965.71 629 INFORMATION SYSTEMS MAINTENANC 112.11 631 TELECOMMUNICATIONS REVOLVING 7,985.24 632 GENERAL ACCOUNTING SERVICES 1,462.54 643 MOTOR VEHICLE SVC FUND 4,301.89 726 ENGINEERING/PUBLIC WORKS T & A DEPOSITS 1,000.00 Total 428,552.71 City of National City, California COUNCIL AGENDA STATEMENT .EETING DATE October7, 2008 18 AGENDA ITEM NO. ITEM TITLE Warrant Register #11 for the period of 09/03/08 through 09/09/08 in the Amount of $477,020.54 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 09/03/08 through 09/09/08. The Finance Department has implemented a policy to provide explanation of all warrants Above $50,000.00 Vendor Check# Amount Explanation City of Chula Vista 222664 59,458.50 July 08 Svcs Public Emp Ret 222705 265,730.11 Emp Ret Sys PPE 08/25/08 Environmental Review N/A Financial Statement Not applicable. MIS Approval Approved By: Finance Director Account No. STAFF RECOMMENDATION Ratification of warrants in the amount of $477,020.54 B• . ; • •M„I i • , • 1. %lea v 1. Warrant Re•'ster • 11 ATTACHMENTS ( Listed Below ) L._ Resolution No. A-200 (Rev. 7/03) +s- CA Rt N I A -0- 1 of 4 1 INCORPORATED WARRANT REGISTER # 11 9/9/2008 Payee Description chk no chk date Amount AMERICAN ROTARY BROOM C'0., INC SWEEPER REPAIRS 222650 9/9/08 794.93 AT&T/MCI PHONE XXX-4915 JULY 2008 222651 9/9,/08 189.47 AV GUYS INSTALLATION OE AMPLIFIER/CABLES X 222652 9/9/08 803.75 BEST BUY CO., INC DYNEX 32" FLAT PANEL. I.CD 222653 9/9/08 1,134.28 BIG 'TIME: OPERATOR BAYFRONT CONCERT & EXPO 222654 9/9/08 5,500.00 BROADWAY AIITO ELECTRIC ELECTRICAL. PARTS FOR VEHICLES 222655 9/9/08 193.95 CA ASSOC FOR LOCAL ECONOMIC ANNEAL MEMBERSIIIP RENEWAL. 222656 9/9/08 80.00 CALIFORNIA A(JTO BODY FRONT BUMPER FA('E BAR 222657 9/9/08 1,991.68 CALIFORNIA COMMERCIAL SECURITY MOP 45754 PIN ORIGINAL KEY - PD 222658 9/9/08 14.36 "ALIFORNIA UNIFORMS. INC. LT BLUE POLY S/S SHIRTS 222659 9/9/08 410.53 CAROFF COMMUNICATIONS BAYFRONT CONCERT & EXPO 222660 9/9/08 1,250.00 CIIFIVRON & TEXACO BUSINESS CARD FULL, 222661 9/9/08 520.30 CINTAS DOCUMENT MANAGEMENT MONTHLY SHREDDING 222662 9/9/08 72.95 ('ITY OF CARLSBAD 2008/2009 ANNUAL. MEMBERSIIIP 222663 9/9/08 25.00 CITY OF CHULA VISTA JULY 2008 SERVICES 222664 9/9/08 59,458.50 COMMCINEN1A INC. 08/05/08 OUTDOOR MOVIE SCREENING 222665 9/9/08 1,599.00 CORPORATE EXPRESS MOP 45704 OFFICE SUPPLIES - PD 222666 9/9/08 190.20 D-MAX ENGINEERING INC JULY 2008 SERVICES 222667 9/9/08 2,945.80 DANIEI, PEARCE/ RPM WELDING MOP #45749 BACKFI.OW I'REVENTOR 222668 9/9/08 980.47 DELL MARKETING CORP HARD DRIVE 222669 9/9/08 917.77 DIXIELINE LUMBER CO. MOP 45707 MATERIALS -SUPPLY - NS 222670 9/9/08 77.78 ECONO'v11C PLANNING & SYSTEMS PARK FEASIBILITY ANALYSIS 222671 9/9/08 2,052.62 F.MSI AR PRODUCTIONS I3AYFR0NT CONCERT & EXPO 222672 9/9/08 5,000.00 FEDI{X FEI)EX STANDARD OVERNIGHT - ENG 222673 9/9/08 30.06 "F:DEX FEDEX PRIORITY OVERNIGHT- RS 222674 9/9/08 28.01 1 2 of 4 c eiTA9 )q -0 try INCORPORATED WARRANT REGISTER # 11 9/9/2008 Payee Description chk no chk date Amount FEDEX FEI)EX PRIORITY OVIRNIGI IT - FIN 222675 9/9/08 26.03 FI.EETPRIDF DISC BRAKE PADS.CARBON METALLIC 222676 9/9/08 245.07 FI.ORES SCENE LOGISTICS COURSE - PD 222677 9/9/08 620.00 G & A AUTO AIR CONDITIONING AC FAN CL.l1TCE1 222678 9/9/08 586.96 GE CAPITAL REDEVELOPMENT COPIER RENTAL, 222679 9/9/08 418.96 GROSSMAN PSYCHOLOGICAL ASSOC. PRE-EMP PSYCHOLOGICAL EXAMS 222680 9/9/08 1,750.00 HARRIS & ASSOCIATES NATIONAL CITY-820G AVE DEMO 222681 9/9/08 3,667.60 I IART'S AUTO SUPPLY BRAKE PARTS 222682 9/9/08 417.00 HONEYWELL INC. MECHANICAL MAINTENANCE 222683 9/9/08 30,653.30 INDEPENDENT FORENSIC SERVICES SART EXAMS 222684 9/9/08 1,000.0C INFRASTRUCTURE ENGINEERING LIBRARY RIMODEI, FOR S D REP 222685 9/9/08 12,232.64 JOHN 'TF.SSITORE CONCRETE DEPOSIT# 1235 2221 L 16TH ST 222686 9/9/08 200.00 JORDANO'S RANGE, NATURAL GAS 222687 9/9/08 9,329.30 KI.EINFELDER, INC. CITY LIBRARY RIMODEI. 08-01 222688 9/9/08 226.14 LAW OFFICES OF DON DETISCEI CD(' V MATCLIINSKI 222689 9/9/08 1,106.17 LOPEZ TRANSLATION SERVICES 222690 9/9/08 175.00 MACIAS INTER & INTERROGATION CLASS 222691 9/9/08 696.44 MAGGIORA 125 PLAN REIMBURSEMENT 222692 9/9/08 364.83 MAN K-9 INC. MAINTENANCE 'TRAINING - AUG 08 222693 9/9/08 800.00 MAZZARELI.A CAI,DAREI,LI ARE HOLDINGS 1,LC 222694 9/9/08 5.83 NAIIRO NAHRO MEMBERSHIP RENEWAL 222695 9/9/08 62.64 NAPA AUTO PARTS MOP #45735 BRAKE ROTORS 222696 9/9/08 347.85 NATIONAL CRIME INVESTIGATION SCENE LOGISTICS COURSE - PD 222697 9/9/08 483.00 NEXUS INTEGRATED SOLUTIONS IN-I'Ol1SE MAINTENANCE/SERVICE; 222698 9/9/08 140.00 OLD "TOWN TROLLEY "TOURS OF BAYFRONT CONCERT & EXPO 222699 9/9/08 1,800.0( 3 of 4 1V INCORPORATED WARRANT REGISTER # 11 9/9/2008 Payee Description chk no chk date Amount OPPER & VAR(Y) PACIFIC STEEI. INC SITE 222700 9/9/08 2,577.03 ORIENTAI. TRADING, CO.. INC. HALLOWEEN SUPPLIES 222701 9/9/08 84.52 POWERSTRIDL BATTERY CO INC BATTERIES 222702 9/9/08 531.43 PROGRESSIVE. SOLUTIONS INC. ALARM TRACK 2 DAYS TRAINING (SI,200/DAY) 222703 9/9/08 1,200.00 PR(IDENTIAL OVERALL, SUPPLY NIOP #45742 UNIFORMS - PARKS 222704 9/9/08 215.69 PUBLIC EMI' RETIREMENT SYSTEM SERVICE PERIOD 08-08-4 222705 9/9/08 265,730.11 ROTO-ROO"l ER PLUMBING PARTS 222706 9/9/08 2,919.26 SCOTTS DRILLING SERVICES DEPOSES# 1087 801 NAT CITY BLVD 222707 9/9/08 2,000.00 SDG&E FAC:ILITIES DIVISION 222708 9/9/08 29,638.99 ":HOEMAKE:R 125 PI.AN REIMBURSEMENT" 222709 9/9/08 500.00 ,OUE11 COUNTY ECONOMIC 1)EV FY08-09 EDC MEMBERSHIP - CM 222710 9/9/08 7,500.00 SPEX FORENSICS LAB SUPPLIES 22271 1 9/9/08 2,368.27 STRATACOM MOP 63845 BUSINESS CART) - FIR 222712 9/9/08 520.93 T.S. INDUSTRIAL SUPPLY TRIGGER GUN ST1500 SUTTNER 222713 9/9/08 86.64 TETRA TECH ISG # l DEPOSES#788 M&N AVENUE 9EFI ST 222714 9/9/08 595.55 TETRA TECH ISG # 1 DEPOSIT# 1 198 1333-1335 E 2411 I ST 222715 9/9/08 595.55 TETRA TECI1 ISG # 1 DEPOSTI # 1221 2919 LEONARD ST 222716 9/9/08 570.00 TETRA TECH ISG # I DEPOSIT# 1175 827 E 13TH ST 222717 9/9/08 405.56 TETRA TECI I ISG # 1 DI?POSIT# 1 160 PLAZA 13ONITA MALL 222718 9/9/08 392.78 THE RAD HATTER BAYFRONT CONCERT & EXPO 222719 9/9/08 550.00 TURF MAKER SQUIRRELINATOR TRAPS 222720 9/9/08 172.80 TORE STAR BLADE-21.50 222721 9/9/08 495.34 US BANK CORPORATE PAYM"F" SYS CREDIT CARD EXP - FIRE 222722 9/9/08 532.39 VISTA PAINT GRAFIEITI PAINT 222723 9/9/08 445.79 WATERLINE TECHNOLOGIES MUNICIPAL POOL CHEMICALS 222724 9/9/08 1,853.59 3 4 of 4 a a INCORPORATED try WARRANT REGISTER # 11 9/9/2008 Payee Description chk no chk date Amount WPD WIPER I31.A1)1: 222725 9/9/08 196.86 XEROX CORPORATION EQUIPMENT RENTAL, 222726 9/9/08 439.19 Z.A.P. MANUFACTURING, INC LEI"I ERING, 2" C WI IITE C.G 222727 9/9/08 286.10 Total $ 477,020.54 Grand Total 477,020.54 4 0-- CALIFORNIA -{* NATIONAL CM INCORPORATED Warrant Register # 11 9/9/2008 001 GENERAL FUND 290,115.47 105 PARKS MAINTENANCE FUND 258.40 111 P.O.S.T. FUND 1,799.44 125 SEWER SERVICE FUND 2,976.25 136 TINY TOT CLASSES FUND 84.52 198 PROPERTY EVIDENCE SEIZURE 2,177.70 211 SECURITY AND ALARM REGULATION FUND 1,200.00 307 PROPOSITION A" FUND 59,000.00 323 SAFE ROUTES TO SCHOOL 30.06 345 TRAFFIC CONGESTION RELIEF 458.50 502 SECTION 8 FUND 439.19 511 TAX INCREMENT FUND 26,420.15 522 LOW/MODERATE HOUSING FUND 3,813.13 626 FACILITIES MAINT FUND 75,374.91 628 GENERAL SERVICES FUND 862.79 629 INFORMATION SYSTEMS MAINTENANC 917.77 631 TELECOMMUNICATIONS REVOLVING 329.47 632 GENERAL ACCOUNTING SERVICES 58.48 643 MOTOR VEHICLE SVC FUND 5,944.87 726 ENGINEERING/PUBLIC WORKS T & A DEPOSITS 4,759.44 Total 477,020.54 City of National City, California COUNCIL AGENDA STATEMENT 19 MEETING DATE October 7, 2008 AGENDA ITEM NO. ITEM TITLE Continued Public hearing — An Amendment to Section XII of the Local Coastal Program Implementation Document Pertaining to Signs and Outdoor Advertising in the Coastal Zone (Applicant: City Initiated) (Case File No. 2007-41 LCP) PREPARED BY Martin Reeder, 336-4310 DEPARTMENT Planning EXPLANATION City Council held a public hearing on this I.CP Amendment on August 19, 2008, at which time there was discussion of the minimum size for event -related temporary signs mentioned in the draft amendment. Council continued the item for 30 days in order for the Mayor to consult with staff. Processing of the draft amendment involved providing notice of the proposed changes to the California Coastal Commission. Since additional changes are anticipated to the amendment, the draft would need to be re -noticed to the Coastal Commission. Additional time is needed for staff to continue to work with the Mayor and City Attorney in order to finalize language for the draft amendments, and to provide proper noticing. Environmental Review Exempt Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION RGIQ That the item be continued off calendar and re -noticed once the draft language has been completed. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. L A-200 (9/99) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 7. 2008 AGENDA ITEM NO. 20 ITEM TITLE Public Hearing and Proposed Finding of No Significant Impact for a Proposed Subdivision and Planned Development Permit for Eight Condominium Units with a Request for Exceptions for Setbacks, Parking, and Building Separation and A Request to Waive Undergrounding of Utilities on a Site at 1820 G Avenue. 2008-20 S, PD, IS, (APN 560-233-06) PREPARED BY Peggy Chapin, Principal Planner (336-4319) EXPLANATION DEPARTMENT Planning Division The applicant, Habitat for Humanity, proposes an eight -unit one -lot condominium subdivision on a 0.33-acre site zoned Multi -family Residential — Planned Development (RM-1-PD). All eight units would be offered to low income households at 60% Area Median Income (AMI) or less. The parcel contains an existing unoccupied 1926 residence and a 1945 shed; neither are listed on the City's Historic Sites List. The proposal involves demolishing the existing structures and constructing four, two-story duplex units, each containing 1,300 square feet, 3-bedrooms, and 160-square foot private rear yards. Eleven parking spaces with access from the alley on 18'h Street, an interior courtyard, and covered trash enclosure would be available for the residents. The following Background Report further describes the project. Environmental Review A Statement of Exemption pursuant to CEQA Section 15192 for Affordable Housing and an Environmental Assessment and a Finding of No Significant Impact (FONSI) pursuant to NEPA were prepare Financial Statement HOME funds of $875,000 were used to purchase the property. HOME Funds in the amo for construction. 83 000 would be used Account No. 505, 45-462-650-3738 STAFF RECOMMENDATION R49 Approval of the 8 unit condominium subdivision and waiver of undergrounding requirement. BOARD / COMMISSION RECOMMENDATION On September 15, 2008, the Planning Commission voted 7-0 to approve the 8 unit condominium subdivision and recommended approval to waive the requirement to underground 2 utility poles along 18'h Street. Ayes: Alvarado, DeLaPaz, Baca, Farias, Flores, Pruitt, Reynolds Nayes: None ATTACHMENTS ( Listed Below ) Resolution No. 1 Location Map 5. Statement of Exemption 2. Background Report and Findings for Approval 6. Environmental Assessment and FONSI 3. Planning Commission Resolution Resolution 29-2008 4. Applicants Plans and Photos 5. Request to Waive Undergrounding Requirement dated July 9, 2008, Habitat for Humanity A-200 (9/99) 1 BACKGROUND REPORT 1820 G AVENUE 2008-20 S, PD, IS, (APN 560-233-06) Site Characteristics The 0.33-acre project site is zoned Multi -family Residential - Planned Development (RM-1- PD) and is bordered by 18`h Street, G Avenue, and an alley (see attached Location Map). Surrounding development include single family residences to the south and west, John Otis Elementary School to the north across 18th Street, and a commercial building to the east, across G Avenue. Proposed Use The applicant, San Diego Habitat for Humanity proposes an eight -unit one -lot condominium subdivision to be offered to low income households at 60% Area Median Income (AMI) or less. An existing unoccupied residence constructed in 1926 and a shed constructed prior to 1945 would be demolished and the applicant would construct four, two-story 1,300 square foot duplex units, 27-feet in height, each with 3-bedrooms and 160-square foot private rear yards. Eleven parking spaces with access from the alley on 18`h Street, an interior courtyard with connecting walkways, and a trash enclosure along the alley would be available for residents. Conformance with Land Use Code and General Plan The 2005-2010 Housing Element identifies the need to provide for 117 affordable housing units to meet the city's Regional Housing Needs Assessment (RHNA). All of the proposed eight units would serve towards meeting this goal. The project would also meet the Housing Program No. 22 "New Construction of Affordable Housing (Housing Element pg 6-16). Within the Multi -family Residential (RM-1) zone, a density of 22.9 units per acre would be permitted. The applicant proposes to construct eight residential units on the 15, 625 square foot parcel resulting in 22.3 units per acre, less than the permitted density. Compliance with Development Standards The project meets all development standards except setbacks, building separation and parking. Exceptions may be granted pursuant to the Subdivision Ordinance, Section 17.07.060 when specific findings can be made. The applicant requests consideration of four exceptions to the development standards (Chapter 18.14, Residential Zones of the Land Use Code and Chapter 18.58 Off Street Parking) as follows: 1. Front yard setback along G Avenue from 15 feet to 10 feet, 2_ Side yard setback along 18th Street from 10 feet to 5 feet, 3. Building separation from 15 feet to 12.5 feet, and 4. Parking from 12 spaces to 11 spaces (1.5 spaces per unit is required). The reduced front and side yard setbacks would occur along 18th Street and G Street. Since street trees and landscaping would be provided within the parkway, the potential impact along the roadways would be reduced. The proposed 12.5 foot building separation between the duplexes would have a minimal impact since the structures would be separated by a walkway and private, fenced rear yards. The proposed project would provide 11 on -site parking spaces including one handicap accessible space whereas the parking standards require 12 spaces (1.5 spaces per unit as RT standards apply for duplexes within the RM-1 zone). Since the project is situated on a 2 corner lot, and all of the access to the units is provided from the alley, over nine on -street spaces would be available. The project is located within walking distance to schools, parks, and retail services and MTS provides bus service along 18th Street to the trolley station. It is anticipated that adequate parking would be provided as residents would be able to walk or take public transit to services reducing the dependency on auto usage. Conformance with Design Guidelines The City's Design Guidelines encourages residential construction that offers distinctive architectural characteristics with both vertical and horizontal wall plane reducing building bulk. As proposed, the four two-story duplex units would exhibit horizontal and vertical siding, angled metal roofs and awnings with a variety of exterior colors including muted blue, tan and green (see attached plans). Additionally, the guidelines encourage units to be clustered around a central courtyard to provide security and create a social network between residents. The duplex units frame an interior courtyard that would offer picnic tables, patios, and landscaping connected with a series of walkways creating a sense of community. Underground Waiver A series of utility poles border 18`h Street. Two of these are located along the subject property. The Subdivision Ordinance, Section 17.070.032 requires the applicant to underground the two poles. The applicant requests an underground waiver based on the financial proforma and cost estimate provided by lwashita Development. The financial analysis (see applicant's letter dated July 9, 2008) indicates that the total construction costs are $2,292,291 ($286,500 per unit). Since the project will be sold to low income households at 60% of the AMI, the gross sales proceeds less than Cost of Sales is estimated at $1,372,000 ($175,000 per unit). The City utilized Home Investment Partnership Program (HOME) federal funds to purchase the property for $875,000. Overall the difference between the construction costs and the net sales is estimated at $920,091. The City is partnering with HOME to provide an additional $835,000 to assist in construction costs, reducing the deficit to $85,091. The cost for undergrounding is estimated at $52,950, increasing the deficit to $138,041. The applicant acknowledges that additional fundraising would occur to address the $85,091 deficit, but does not feel that the additional $52,950 for the undergrounding can be raised within the immediate future and existing HOME funds must be utilized before they are withdrawn. Since utility poles are located along all of 18`h Street, undergrounding two poles would not have a significant positive effect on the community. There are additional utility poles bordering the west side of the alley that would not be required to be located underground. Based on the financial analysis, additional costs to the project would render the development infeasible, thereby not achieving the City's goals of providing affordable housing. However, all internal utilities within the site would be located underground. Environmental Review A Statement of Exemption, pursuant to California Environmental Quality Act (CEQA), Section 15192 was issued as the project includes construction of eight affordable condominium units at 60% AMI, the site is an infill project, and the existing residence was determined not to be significant pursuant to Section 15064.5. Since the project utilizes federal HOME funds, compliance with the National Environmental Policy Act (NEPA) is required. An Environmental Assessment was prepared and a Finding of No Significant Impact was prepared. 3 FINDINGS FOR APPROVAL CASE FILE NO. 2008-20 PD, S, IS A PN : 560-233-06 RECOMMENDED FINDINGS FOR APPROVAL OF THE TENTATIVE SUBDIVISION MAP l . The proposed map will not have a significant effect on the environment since the site is disturbed and there is no native habitat on site or mature vegetation. 2. The proposed map is consistent with the National City General Plan and !lousing Element since the project would provide residential units to households meeting less than 60% of the Area Median Income. 3. The site is physically suitable for the proposed type of development, since site is relatively flat and will not result in excessive grading and the design of the proposed development would provide for adequate open space and separation. 4. The proposed development meets the General Plan density which allows one unit for each 1,900 square feet and the proposed development would provide eight units which is consistent with the RM-1 zone. 5. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, since the project site is located in an urbanized and developed area and not native habitat exists on site.. 6. The project site would not impact public services since it is located within walking distance to public schools, within five minutes of a fire station and all other public services will be provided. 7 The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, since infrastructure • improvements are available within existing public easements. 8. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6. 9. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region and determined that the subdivision will benefit the community and serve to meet the City's Regional Housing Assessment Needs. 10. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other 4 design and improvement requirements without requiring reduction in allowable density or lot coverage. RECOMMENDED FINDINGS FOR APPROVAL OF THE PLANNED DEVELOPMENT That the site for the proposed use is adequate in size and shape, since the 0.33 acre site can accommodate the development of 8 two-story homes with 11 on -site parking spaces and a common landscape courtyard and private open space for each unit with minimal exceptions from Code requirements. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since adjacent local residential streets, 18th Street and G Avenue, have sufficient capacity to adequately handle the approximately of 88 average daily trips (AD'E') generated by the project without a significant decrease in their operating levels of service. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the proposed development would be consistent with surrounding single family homes and the residents would he served by the nearby schools. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the project will provide new home ownership opportunities for low income households and help meet the City's housing goals. RECOMMENDED FINDINGS FOR APPROVAL OF THE REQUESTED EXCEPTIONS 1. The proposed design of the subdivision removes access driveways from 18th Street and G Avenue and utilizes access from the alley therefore, the exceptions requested for reduced front and side yards and building separation are warranted to provide for adequate interior common open space. 2. The exceptions requested would not be detrimental to the public health, safety, or welfare, or to other properties in the vicinity since the reduced setbacks and building separation are not located adjacent to the residence to the south and adequate parking will he provided along the streets since driveway access will he accommodated from the alleyway. 3. Granting of the requested exceptions are in accordance with the intent and purpose of the Land Use Code and Subdivision Ordinance and are consistent with the General Plan and the Housing Element since the exceptions are essential to the design that offers adequate open space and community and provides for affordable housing opportunities. 5 RECOMMENDED FINDINGS FOR APPROVAL OF TO WAIVE THE REQUIREMENT TO UNDERGROUND UTILITIES ALONG 181H STREET 1. The waiver of undergrounding existing utilities will not be detrimental to the public health, safety, or welfare or he detrimental to the use of other properties in the vicinity as subject property is existing utility poles are prevalent along 18` Street and relocation of two poles would not result in a substantial improvement of utilities in the area. 2. The waiver to underground existing utilities would not result in decreased property valuation as there is not a comprehensive plan to underground utilities within the general area. 3. The increase in vegetation along the property boundaries would enhance the visual qualities along 18th Street and the general condition of the area and provide benefit to the surrounding properties. RECOMMENDED FINDINGS FOR APPROVAL OF STATEMENT OF EXEMPTION AND FINDINGS OF NO SIGNIFICANT IMPACT 1. That the Statement of Exemption pursuant to CEQA and the Finding of No Significant Impact (FONSI) pursuant to NEPA contained in the file 2008-20 IS has been read and considered together with any comments received during the public review process; and, 2. That based on the whole record including the Initial Study, there is no substantial evidence that the project will have a significant effect on the environment and that the Statement of Exemption and FONSI reflect the City's independent judgment and analysis. 6 CONDITIONS OF APPROVAL, CASE FiLE NO. 2008-20 PO, S, IS APN: 560-233-06 General I. This Tentative Subdivision Map and Planned Development Permit authorize the development of eight single-family condominiums for individual sale to low income households meeting the threshold of 60% ARM. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits A, Case File no. 2008-20 S, IS dated April 11, 2008. 2. The developer shall provide a declaration of covenants, conditions and restrictions, running with the land, clearly setting forth the privileges and responsibilities, including maintenance, payment of taxes, etc. involved in the common ownership of the courtyard, parking area, walks, trash enclosure, exterior structures, and open spaces, prior to approval of the final map. Said CC&Rs shall be subject to approval as to content and form by the City Attorney. The CC&Rs shall allow the City the authority but not the obligation to assume maintenance of the property and assess the full cost including overhead costs therefore as a lien against the property if said property is not adequately maintained per the agreement. the CC&Rs shall include a determination that the funds provided by the maintenance provisions will he sufficient to cover all contemplated costs. 3. A corporation, association, property owners' group, or similar entity shall he formed with the right to assess all the properties which are jointly owned with interests in the common areas and facilities in the entire development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded conditions, covenants, and restrictions approved by the City Attorney as to form and content, which shall include compulsory membership of all owners and flexibility of assessments to meet changing costs of maintenance, repairs and services. 4. Television cable companies shall he notified a minimum of 48 hours prior to filling of cable trenches. 5. Before this Subdivision and Planned Development Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance • Form, provided by the Planning Division, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Subdivision/ Planned Development Permit The applicant shall also submit evidence to the satisfaction of the Director of Planning and Building that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County Clerk. The Notice of Restriction shall provide information that conditions imposed by approval of the Subdivision/Planned Development Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall he approved as to fornn by the City Attorney and signed by the Director of Planning and Building prior to recordation. 6. Pursuant to Section 17.04.070 of the Subdivision Ordinance, approval of the Tentative Subdivision Map expires twenty-four months from the date of adoption of the resolution of approval at 5:00 p.m. unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by National City Municipal ('ode § 17.04.070. '[he Planned Development Permit shall expire concurrently with the Tentative Subdivision Map. Housing and Grants Division 7. A deed covenant reflecting the approved density bonus shall be submitted to the Community' Development Department, Housing and Grants Division for review and approval, and must be recorded against the property prior to recordation of the Final Map. 8. The applicant/developer shall enter into a I lousing Agreement with the city, with terms to be reviewed and revise by the Community Development Department, Housing and Grants Division. The Agreement shall specify that the units shall be offered For Sale to First Time Home Buyers at 60% of the San Diego Area Median Income, or less. The approval and recordation of the agreement shall take place prior to Final Map recordation. This agreement shall be binding to all future owners and successors in interest. Planning Division 9. The applicant shall indicate on the building permit exterior colors and materials for review and approval consistent with the colored rendering approved with this permit. 10. A detailed landscape and underground irrigation plan, including plant species, methods of planting, etc. shall be submitted for review and approval by the Director of Planning and Building. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices, as well as details for hardscape on -site, including the 6 foot cedar fencing enclosing each of the private yards. Landscaping, irrigation and street trees (one for every 40 feet) shall be provided to the walkway. 11. A lighting plan for the site shall be provided to the Planning Division to identify all proposed lighting along driveways and walkways throughout the site, for review and approval prior to the issuance of building permits. 12. Trash enclosure shall be provided as indicated on the approved site plan in accordance with city standards to the satisfaction of the Planning Division. The exterior design of the trash enclosures shall reflect similar materials of the residential units. 13. Exterior walls of trash enclosures and any freestanding walls to a height of not less than 6 feet shall be treated with a graffiti resistant coating subject to approval from the Building Official. Graffiti shall be removed within 24 hours of its observance. 14. Within four (4) days of final approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the Planning Division. Fire Department 8 15. The project is to be designed, developed and constructed in compliance with the California Fire Code (CFC) 2001 edition of CFC in effect at time of permit issuance and the most current National Fire Protection Association (NFPA) Standards as adopted by the City of National City. 16. The property must he addressed in a manner clearly visible from the street, subject to the satisfaction of the Fire Marshall. 17. The secondary fire access shall meet fire lane requirements of 20 feet clear width and 28 feet radius corners, subject to the satisfaction of the Fire Marshall. 18. Entry/Exit electric operated gates shall have a Knox key switch, as well as opticom sensors. 19. Access roadways (Driveways A, B, and C) shall be marked as a "no parking fire lane" throughout the development to the satisfaction of the National City Fire Department. Engineering Department 20. A Hydrology study (100 year flood) is required for the new project. The study should consider the proposed project area to the closest municipal storm drain collection point. The study should consider the adequacy of the existing storm drain system to convey any additional run off. All Hydrology study findings and recommendations are part of Engineering Department requirements. • 21. 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 he required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent Storm Water I3MP 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 he required prior to issuance of an applicable engineering pernlit. The SUSMP shall he prepared by a Registered Civil Engineer. 22. "The Best Management Practices (I3MPs) for the maintenance of the proposed construction shall he undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. 23. All surface run-off shall he treated with an approved Standard Urban Runoff Mitigation Plan (SUSMP) Best Management Practice (BMP) for all Priority SUSMP projects. No runoff will be permitted to flow over the sidewalk. Adjacent properties shall be protected from surface run-off resulting from this development. 24. A grading and drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall he prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to 9 the public storm drain system from the proposed parking lot or development shall he implemented with the design of the grading. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall he undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall be signed and recorded. A checklist for preparation of the grading plan/drainage plan is available at the Engineering Department. 25. A sewer permit will be/may be required. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of-way shall be 6 inch in size with a clean out. A sewer stamp "S" shall he provided on the curb to mark the location of the lateral. 26. Separate street and sewer plans prepared by Registered Civil Engineer, shall be submitted showing all of the existing and proposed improvements. The plans shall be in accordance with City requirements. 27. A soils engineering report shall be submitted for the Engineering Department's review, after Planning Commission approval. The report shall address the stability of all of the existing and proposed slopes on the property. It shall also address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure and the required pavement structural sections for the proposed streets, the parking areas, and the driveways. As a minimum, the parking lot pavement sections shall be 2 inch A.C. over 4 inch Class II aggregate base. The street pavement sections shall be in accordance with National City modified Standard Drawing G-34. All soils report findings and recommendations shall he part of the Engineering Department requirements. 28. The deteriorated portions of the existing street improvements along the property frontages shall he removed and replaced (Sidewalk). 29. 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. 30. Street improvements shall be in accordance with City Standards. All missing street improvements shall be constructed (gutters on 8th street and alley) 31. A title report and grant deed shall be submitted to the Engineering Department, after the Planning Commission approval, for review of all existing easements and the ownership at the property. 32. A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate shall be posted. Three percent (3%) of the estimated cost shall also he deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment according to actual worked hours and consultant services. FINAL MAP REQUIREMENT 10 33. The final parcel map shall meet all of the requirements of the Subdivision Map Act, and the City of National City Municipal Codes including certification, acknowledgement, complete boundary information and monumentation. 34. The developer shall submit to the Fire Department a letter from Sweetwater Authority stating existing fire flow. If determined by the Fire Department that additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Sweetwater Authority prior to obtaining the final map approval. 35. Separate water and sewer laterals shall be provided to each lot/parcel. 36. The developer shall bond for the monumentation, the public improvements and the on -site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the final map. 37. SLJSMP documentation must be submitted and approved. 38. All utility distribution facilities within the boundaries of the subdivision shall he placed underground. 39. The final map shall be recorded prior to issuance of any building permit. 40_ All new property line survey monuments shall be set on private property, unless otherwise approved. 41. The parcel map/final map shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated hearings in terms of the system. The angle of grid divergence from a true meridian and the north point shall appear on the map. 1'wo measured ties from the boundary of the property to existing horizontal control stations shall he shown. 11 R F?SOI 11 TION NO. 29-2008 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY. CALIFORNIA, RECOMMENDING APPROVAL, OF A FINDING OF NO SIGNIFICANT IMPACT FOR A TENTATIVE SUBDIVISION MAP AND PLANNED) DI:VELOI'MFN T I'I;Rh1f1' FOR FIGFTT CONDOMINIUM UNITS WTTF1 FX('F P'FI()NS FOR SFTI3ACKS, PARKING, AND BUILDING SEPARATION, AND A REQUEST FOR A WAIVER TO UNDERGROUND UTILITIES ON A SITE AT 1820 (i AVENUE APPLICANT: f (A[3I't Al' FOR HUMANITY. ('AST'. FILE NO. 2008-20 PD, S, IS APN: 560-233-06 WHEREAS, application was Horde tier approval of a Planned Development Permit, Tentative Subdivision Map, and Initial Study for 8 residential condominium units with exceptions for less than required front and side yard setbacks, building separation, and parking on a 0.33-acre parcel containing a vacant residence and storage building on the southwest corner of 8`r' Street and G Avenue, addressed as 1 820 (1 Avenue and generally described as: Lots 16, 17, 18, 19 and 20 in Block 3 of the Subdivision of W.S. Bullis of 10 Acre Lot 114 , in Quarter Section 153 of the Rancho de la Nacion, in the City of National ('ity, County of San Diego, State of California, according to reap thereof,no. 201, tiled in the Office of the ('aunty Recorder of said San Diego County, May 27, 1881. Together with that portion of the West 10 feet of G Avenue, as closed to public use. WFIEREAS, the Planning Commission of the City of National City, ('alifbrnia, considered said applications at a duly advertised public hearing held on September 15, 2008, at which time the Planning Commission considered oral and documentary evidence; and, Wt(F.REAS, at said public hearing the Planning Commission considered the stall report provided for Case File No. 2008-20 PI), S, IS, which is maintained by the ('ity and incorporated herein by reference; along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action hereby taken is found to be essential for the preservation of the public health, safety and general welfare. NOW, '[F1kRN:1'OR1:, 13f. TI' RESOt,VF:f) by the City Planning; Commission of the City of National City, CalitOrnia, that the testimony and evidence presented to the Planning Commission at the public hearing held on September 15, 2087, support the fiillowing findings: 12 RECOMMENDED FINDINGS FOR APPROVAL. OF "1'IIF "TENTATIVE. SUBDIVISION i\-1AP The proposed map will not have a significant effect on the environment since the site is disturbed and there is no native habitat on site or mature vegetation. The proposed map is consistent with the National City General Plan and Housing Element since the project would provide residential units to households meeting Tess than 60% of the Area Median 111e0mC. The site is physically suitable for the proposed type of development, since site is relatively flat zinc] will not result in excessive grading and the design of the proposed development would provide for adequate open space and separation. The proposed development meets the General Ilan density which allows one unit for each 1,90) square feet and the proposed development would provide eight units which is consistent with the I-1 zone. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, since the project site is located in an urbanized and developed area and not native habitat exists on site.. 6. The project site would not impact public services since it is located within walking distance to public schools, xvithin Live minutes of a fire station and all other public services will be provided. 7 The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, since infrastructure improvements are available xvithin existing public easements. X. The discharge of sewerage waste from the subdivision into the ( of National City sewer System will not result in violation of existing requirements prescribed by the ('alifitntia Regional Quality Control 13oarct pursuant to Division 7 (commencing with Section 13000) of the Water (.'ode, as specified by Government ('ode Section 66474.6. 9. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region and determined that the subdivision will benefit the community and serve to meet the City's Regional I lousing Assessment Needs_ 10. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of - local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. RECOMMENDED FINDINGS FOR APPROVAi. OF THE PLANNED DEVELOPMENT That the site for the proposed use is adequate in size and shape, since the 0.3.1 acre site can accommodate the development of S two-story homes with 1 1 on -site parking spaces and a common landscape courtyard and private open space for each unit with minimal exceptions from Code requirements. 13 That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since adjacent local residential streets, 18th Street and G Avenue, have sufficient capacity to adequately handle the approximately of SS average daily trips (AIYI') generated by the project without a significant decrease in their operating levels of service. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the proposed development would be consistent with surrounding single family homes and the residents would be served by the nearby schools. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the project will provide new home ownership opportunities for low income households and help meet the City's housing goals. RECOMMENDED FINDINGS FOR APPROVAL OF THE REQUESTED EXCEPTIONS The proposed design of the subdivision removes access driveways from I8th Street and (; Avenue and utilizes access from the alley therefore. the exceptions requested for reduced front and side yards and building separation are warranted to provide for adequate interior common open space. The exceptions requested would not he detrimental to the public health, safety, or welfare, or to other properties in the vicinity since the reduced setbacks and building separation are not located adjacent to the residence to the south and adequate parking will be provided along the streets since driveway access will be accommodated from the alleyway. 3. Granting of the requested exceptions are in accordance with the intent and purpose of the Land Use ('ode and Subdivision Ordinance and are consistent with the (ieneral Plan and the Housing Element since the exceptions are essential to the design that offers adequate open space and community and provides for affordable housing opportunities. RECOMMENDED FINDINGS FOR APPROVAL OF STATEMENT OF EXEMPTION AND FINDINGS OF NO SIGNIFICANT IMPACT 1. That the Statement of Exemption pursuant to ('EQA and the Finding of No Significant Impact (FONSl) pursuant to NEPA contained in the file 2008-20 IS has been read and considered together with any comments received during the public review process; and, That based on the whole record including the Initial Study, there is no substantial evidence that the project will have a significant effect on the environment and that the Statement of Exemption and TONS{ reflect the ('ity's independent judgment and analysis. 13E IT FURTHER RESOLVE{) that based on the findings herein betorc stated. the Planning Commission hereby recommends approval of said Tentative Subdivision Map, Planned Development and Intial Study for 8 residential condominium units with exceptions for less than required front and side yard setbacks, parking, and building separation on a 0.33-acre site 14 containing a vacant single-family residence and storage building at the southwest corner of 18th Street and (i Avenue, addressed as 182O G Avenue, subject to the following conditions: General I. This Tentative Subdivision Map and Planned Development Permit authorize the development of eight single-family condominiums for individual sale to low income households meeting the threshold of 60°4, ARM. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits A, Case File no. 2008-2O S, IS dated April 11, 2008. 2. The developer shall provide a declaration of covenants, conditions and restrictions, running with the land, clearly setting forth the privileges and responsibilities, including maintenance, payment of taxes, etc. involved in the common ownership of the courtyard, parking area, walks, trash enclosure, exterior structures, and open spaces, prior to approval of the final map. Said CC&Rs shall be subject to approval as to content and form by the City Attorney. The C(.'&Rs shall allow the City the authority but not the obligation to assume maintenance of the property and assess the full cost including .overhead costs therctore as a lien against the property if said property is not adequately maintained per the agreement. The ('C&Rs shall include a detenuuiation that the funds provided by the maintenance provisions will be sufficient to cover all contemplated costs. 3. A corporation, association, property owners' group, or similar entity shall be lOrined with the right to assess all the properties which are jointly owned with interests in the common areas and facilities in the entire development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded conditions, covenants, and restrictions approved by the City Attorney as to form and content, which shall include compulsory membership of all owners and flexibility of assessments to rncet changing costs of maintenance, repairs and services. "television cable cornpanies shall be notified a minimum of 48 hours prior to tilling of cable trenches. 5. Before this Subdivision and Planned Development Permit shall become effective, the applicant and the properly owner both shall sign and have notarized an Acceptance Form. provided by the Planning Division, acknowledging and accepting all conditions unposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Subdivision/ Planned Development Permit The applicant shall also submit evidence to the satisfaction of the Director of Planning and t3uilding that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County Clerk. The Notice of Restriction shall provide information that conditions imposed by approval of the Subdivision -Planned Development Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall he approved as to form by the ( Attorney and signed by the Director of Planning and f3uilding prior to recordation. 6. Pursuant to Section 17.04.070 of the Subdivision Ordinance, approval of the fontative Subdivision Map expires twenty -tour months from the date of adoption of the resolution of approval at 5:00 pan. unless prior to that date a request flu a time extension not exceeding three (3) years has been tiled as provided by National ( Municipal ('ode 17.O4.070. The Planned Development Permit shall expire concurrently with the Tentative Subdivision Map.• 15 'lousing and Grants Division 7. A deed covenant reflecting the approved density bonus shall be submitted to the Community Development Department, !lousing and Grants Division for review and approval, and must be recorded against the properly prior to recordation of the Final Map. 5. The applicant/developer shall enter into a !lousing Agreement with the city, with terms to be reviewed and revise by the Community Development Department, Housing and Grants Division. The Agreement shall specify that the units shall be offered For Sale to First Time Home Buyers at 60°% of the San Diego Area Median Income, or less. "i'he approval and recordation of the agreement shall take place prior to Final Map recordation. This agreement shall he binding to all future owners and successors in interest. Planning Division e). The applicant shall indicate on the building permit exterior colors and materials for review and approval urnsistent with the colored rendering approved with this permit. 10. A detailed landscape and underground irrigation plan, including plant species, methods of planting, etc. shall he submitted for review and approval by the Director of Planning and Building. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices, as well as details for hardscape on -site, including the 6 toot cedar fencing enclosing each of the private yards. Landscaping, irrigation and street trees (one for every 40 feet) shall he provided to the walkway. 1 I. A lighting plan for the site shall be provided to the Planning Division to identify all proposed lighting along driveways and walkways throughout the site, for review and approval prior to the issuance of building permits. 12. "Trash enclosure shall be provided as indicated on the approved site plan in accordance with city standards to the satisfaction of the Planning Division. 1'he exterior design of the trash enclosures shall reflect similar materials of the residential units. i 3. Exterior walls of trash enclosures and any freestanding walls to a height of not less than 6 feet shall be treated with a graffiti resistant coating subject to approval from the Building Official. Graffiti shall be removed within 24 hours of its observance. 14. Within tbur (4) days of final approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, "title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. ('becks shall he made payable to the County Clerk and submitted to the Planning Division. Fire Department 15. The project is to be designed, developed and constructed in compliance with the Calitornia fire ('ode (C1 (') 2001 edition of ('F(.' in effect at time of permit issuance and the most CU[Tent National Fire Protection Association (NFPA) Standards as adopted by the City of National ('ity. 16. The property' must be addressed in a manner clearly visible from the street, subject to the satisfaction oldie Fire Marshall. 17. "The secondary tire access shall meet fire lane requirements of 20 feet clear width and 28 feet radius corners, subject to the satisfaction of the Fire Marshall. 18. Frrtry/f:xit electric operated gates shall have a Knox key' switch, as well as opticom sensors. 19. Access roadways (Driveways A, B, and C) shall be marked as a "no parking tire lane,. throughout the development to the satisfaction of the National ('ity Fire Department. 16 Engineering Department 20. A hydrology study (100 year flood) is required for the new project. The study should consider the proposed project area to the closest municipal stonn dram collection point. The study should consider the adequacy of the existing storm drain system to convey any additional run off. All Hydrology study findings and recommendations are part of Engineering Department requirements. 21. 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 Stone Water IMP Requirements" and the City of National City Storm Water [lest Management Practices of the Jurisdictional Urban Runoff Management Program (JIIRMP) approved Standard Urban Storm Water Mitigation Plan (St JSMP) documentation will be required prior to issuance of an applicable engineering permit. "i'he SUSMP shall be prepared by a Registered Civil Engineer. 22. The Rest ianagement Practices (13Mt's) for the maintenance of the proposed construction shall he undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storin Water Pollution Prevention Plan (SWPPI') for the project. An approved SWPPI' will be required prior to issuing of a construction permit. 23. All surface run-off shall be treated with a❑ approved Standard Urban Runoff Mitigation Plan (SUSMP) Best Management Practice (BMP) for all Priority SUSMP projects. No runoff will be permitted to Clow over the sidewalk. Adjacent properties shall he protected from surface run-off resulting from this development. 24. A grading and drainage plan shall be submitted showing all of the proposed and existing on - site and off -site improvements. 'hie plan shall be prepared in accordance with the ('ity's standard requirements by a Registered Civil Engineer. All necessary measures for- prevention of storm water pollution and hazardous material run-off to the public storm dram system from the proposed parking lot or development shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain interceptors, clarifiers, or titters. Best Management Practices for the maintenance of the parking lot, including, sampling, monitoring, and cleaning of private catch basins and storm drains, shall he undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall be signed and recorded. A checklist for preparation of the grading ptanidrainage plan is available at the Engineering Department. 25. A sewer permit will beimay he required. The method of sewage collection and disposal shall he shown on the grading,/drainage plan. Any new sewer lateral in the ('ity right-of-way shall be (i inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 26. Separate street and sewer plans prepared by Registered Civil Engineer, shall be submitted showing a(I of the existing and proposed improvements. The plans shall be in accordance with ('ity requirements. 17 27. A soils engineering report shall he submitted for the Engineering Department's review, after Planning Commission approval. The relxrrt shall address the stability of all of the existing and proposed slopes on the property. It shall also address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil hearing pressure and the required pavement structural sections for the proposed streets, the parking areas, and the driveways. As a minimum, the parking lot pavement sections shall be 2 inch A.C. over 4 inch ('lass It aggregate base. The street pavement sections shall be in accordance with National City modified Standard Drawing (i-34. All soils report findings and recommendations shall be part of the Engineering Department requirements. 28. The deteriorated portions of the existing street improvements along the property frontages shall be removed and replaced (Sidewalk). 29. A permit shall be obtained from the Engineering Department for all improvement work ‘vithin the public right-of-way, and any grading construction on private property. 30. Street improvements shall be in accordance with City Standards. All missing street improvements shall be constructed (gutters on 8th street and alley) 31. A title report and grant deed shall be submitted to the Engineering Department, after the Planning Commission approval, for review of all existing easements and the ownership at the property_ 32. A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall he submitted with the plans. A performance bond equal to the approved cost estimate shall be posted. Three percent (3' ) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. "Che deposit is subject to adjustment according to actual worked hours and consultant services. FINAL, MAP REQUIREMENT 33. The final parcel map shalt meet all of the requirements of the Subdivision Map Act, and the City of National City Municipal Codes including certification, acknowledgement, complete boundary information and monurnentation_ 34. The developer shall submit to the Fire Department a letter from Sweetwater Authority stating existing fire flow. if determined by the Fire Department that additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Sweetwater Authority prior to obtaining the final reap approval. 35. Separate water and sewer laterals shall he provided to each lot/parcel. 36. The developer shall pond for the monurnentation, the public improvements and the on -site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the final map. 37. St1SMP documentation must be submitted and approved. 38. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall he placed underground, unless the request to waive undergrounding is approved by the City Council. 39. The final map shall be recorded prior to issuance of any building permit. 40. All new property line survey monuments shall be set on private property, unless otherwise approved. 18 41. .Fhc parcel map/final reap shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall he shown. 131. fl FIIR FI IF,R RESOL\/t•:[) that copies of this Resolution he transmitted forthwith to the applicant and to the ('ity ('uuncil. CE RT1F [('A"1 [ON: This certifies that the Resolution was adopted by the Planning Commission at their meeting of September IS, 2008, by the following vote; ANTS: Alvarado, Farias, Baca, DeLaPaz, Pruitt, Reynolds, Flores NAYS: ABSENT: ABSTAIN: C1IAIRWOMAN 19 0 _/ 8 TIT STREET CONSTRUCTiON TEEING & ENMEERING, INC. S-...'vE" NC 7." I.EGE.VD 130S' • -;. -A O\AL • Y VICINITY MAP SAN DIEGO HABITAT FOR HUMANITY \A'ir,p,:AL (.1./ ca,,.:7;;R";.A 7.• CAR;."-i •,'; 3/31/200'3 333.54 TENTATIVE SUBDIVISION MAP OE A.P.N. 560-2'J:3-06-00 INTIEF CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO STATE OF CALIFORNIA ?if/7 j - - k!t 1 12 41 L I8TH --- • B ! i STREET II; • i 9 • 3 0. loyerer54:10 \ 01, ••• • TES:1T:i 8 ENG:NEP:NG. 1:iC r -- 7 - • 121 a • 6 0- LEGAL_REICRIMON..; ,c11 .• it 00 190.9 54 GM.. 0.11 119-0 Y • or .1.0012 9,301. •L 0 A000! • L7VA • 30 C • 'V .4 010009 LA OM 1,1 7 7.10.0.• 41.70.4 •••• 73! IUD ,dr am, cr 4.4. NM 090 v0 1, 011 SALITS13.11.LC520RDMATEcipm TENTATIVE Sl:13DIVISION MAP HAMS OF IIEARLN GS• 7743 PAX. aA. .4 LAILLP 0700,07 411! R. !0! 0 047 ...Ai A•1107 3A 7 0 001 0.51. .0 99000 11,123P.A. 50 00•0 .7 le'. MO 3,17 AC AI Ow. 71/317. 0 103 ZOPLII Of •...70 • Le 7••• 051.. MCO 071. 4,17, 131.0.7. 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PO.. 9010, EiRTIntORK QUANIMEZ :3. 00 es PA.40.7 000. ..., . 1 RAW, .901.0 REQUESTED EXCEP/12,3 waes_az_va 0.00 YTS., 0.00.211 an 0115 :' 10.02_222;a1 0.60 000 0,47 PA •S• 070. 07! 377.0 A , • 43 40..: 110,11 14 IV. 7 . 0,07 L. X 0 .0 0. 511( /00,01 9 T . ASIMIC1121•111=70; 0.01 411. D.. 19 0.30.90,10, A .1:0 XV,. 9. 0f A.P550050 . 0.03 MN , Of 059.10.0 AAP 1. a 75( VA V, . 300 A090R.. A .17•441 srver or.. 05,0 0. (1000.0 011. 90.5 059 541 MAAS 0.3.0 00 00 a M.P. 00 542 9/3.07700 51300 A 0500.050 89C •01.9 A, ,a...N.A %Pi COAT,V. ..4 Z ..t. 1r 0.9770 . X•10 0.5 V, 005 00 11. 0915. 94.4 CONK. 0 !MEE SUBDIVIDEL 510 50 Pa. 10,00513 0700 20 7.17, • 1SP .•• am2a. .00730734.12033157. 4- WT., C0 001 r"-CalLEL'A2.94094 1002, 0007 VI 5 . 10. 777.7. )1 L. • • \C001,1911597•p =Una'. MOM! - I0'..150054 1 A5E-CAII-QX_A.7-L11 110. 17000. 01117/1 17 la >0- 0- ,0097,03 VON, 17•20 Y.. 17010 .. ti ._ _.. L NOTES EARU or ART•1C:4 OAP 4'E.CE WT.. 0P.: E 4T EAJ. WO.R 3 EKES 0f PROPERTY SEE &EET Al •OR CONCEPT,.AL S'YL?AND 4AT(44.9 01,(161IY0 R(TA: F,A0..A.. TO Et REPLACED AS NECESSAA• aNEW OP(N2O .N .0N OUSTING NM... TT P O/ 1, wLTM 64013 NOIRE OCCORS MNEW RETAN1N0 NMLL PER CM. IO NEW PETTGE AM) GATE TO B4CLOSE PRrv4T! u01 AREA* 14'P OA EE ACC ISP6 LE PARR1NO ETA.: rd., ZERO CURB COL Oren, r,1 CONCRETE NMi OSTOP D •RA64. Er4CLOSu4E MD SCREEN W41. SEE 9-.Er AD •0A MOPE NTORA.A10 SYMBOL LEGEND I�l A I C OAVEi4MT OA CON01/1I PA Ra;.40 AREA 2ti r LL2� SITE PLAN •4AOtG.! AREA E L.0.40 COPP AAOEI F00114 M .AMEGPE .K.. PPDP(Rr r l•K El1SACR LK TAKE LINE RETAIMHO watt AOQWRE II, Of 'RAYS. INn(Y I EXIT 'CALE ".I?.0 It AL I PROJECT DATA OMfen CONTACT •ROICT .00it. . ROPOI(0 LSE P AO/CT DEICRonOI4 A.Y l(OAL OESCRIPIO1+ ZONE AONT tnAcArT ,APO 310ErAF RGR UFO 000RT 0JL540 COYIPAOE 1P40lt WT ORO(/ 1013A4 (O0TA0E PWAR u1E AREA. COEWON lAAOSW1 AREA LMA2 OPEN MACE •NRJEa.E ARIA. PAPIpp40 AREA 'NE'tAT •OR I4M5NTT PE00Y LN77EL4 IIi211ME1 I IA 0 4441 NAPOAI CITY CA VFW I AFT °ADAI ! MOAN 0 VAn PROPOSED VORR ,NC.lpt CIM04TION 0P E6411.40 RESIDENCE 420 PARADE COMTRMCn0N 0• In 14 TOR+.>KOROOM 40OR04ELI IO1wP0 VATS (.CA VAT To MAVC P3OY4 TIP LEASL( 60.0E A! L(1L1 AS C04A.OM MIN SPACE 004,1 0A022.041.00 LOTS 11.+T' 111 •20 70 w (OGRE 0 0P The SL/IPHS101.' 0P w E 1.1.4t Of 10 ACM LOT 1. iM 01.1.RRR SECTION 1/7. or M RA24040 CI LA 1400N. IM T!( 0T1 0f R.I.n044. ow. CV Wry o2 4M0100. STATE Of :AU PO1MA. ACCo1Ot25 TO LNP MREOP PU 201 •:LW IN tow 0/RO. Cf •4E COJ21Y RECORDER OP EAIO SAr. O(00 CO.PTr0. MAY 2T. IM1. T00EMR W M TINT Pp1n OM 0. Toe rear 10.EET 0f0 . e*1. At CLOIEDTO PIl*.C,AE RPA 11?. •0 REF MMOSEO OG Par RE001 S I(IT 1 FEET E PEET 22A 11.4E ALLOYI50L( • T!►I {Ai OFT f545Men 124 P 01 . 10.14 0P; 0 1140 P . I . I }SO In 7N R4T1••. 100 P TA OJ103Pt AA 0.100M ?OPAL Sill AREA: 1117E P 9A2 ACRES) 1 PER 1.120 OF• 1.4ll 11 PR., Aft .1; 2 PER VATL Ins 01 PERVATPI.A TOTAL 11l04.44.J 0P,lTREEr 0'40 TAEE T BUILDING DATA 70 + PROPOS(0 (11 WOUND", E OROPOSE01 AL40..611 A V ARAPLE) TYPE OP cONO'R4Cno* 01:C141414CY ORO,F: BARER 0. ITC PIES SJL5M01IIUM! 00YE4I.13 COPY! "YOE V.I R.. 2 21'a' 2007 G.404.4 ev.nw COM 200? NAL/0PI14 44CN4NGL CDC( 2002 GL.PO4/1A RLAlINO COO( 200? C.4✓0RwA (41CTPICA. C001 2007 GLOOM. (NEAT, COOE 11121E 21 (.30(•1R07 COp((RVAn0r4, 2002 GL COP A FRS CVO( REQUESTED EXCEPTIONS 1411. EET4011 4ET040(E f4.00.0 EEIARL110,. 11 O' •S TREE T'SPACES M M R Thv.' I IRi•.RONT g11ACR M11aR 1MN7P0•. VA' 110E f11T44114 EET) It MACR 14 'wan TN4N 10•P 4Td' CV.E11[ EULPAO SVAM TION 0.11b0 TI11P4 Ifa. o4<n• VO 11[NPOM OA TE HABITAT FOR HUMANITY - 1820 G AVENUE '12E04VE441 N4nOML on'C4 1115C DATE I C..1 12 A.E. 21a •.Pr SITE PLAN Al NOT FOR CONSTRUCTION GROUND LEVEL IMAGES rt UPPER LEVEL IMAGES nn cep —j — - GROUND LEVEL PLAN 1 P-7 is s UPPER LEVEL PLAN L SCALE 'w • r, mAtapek ea. �+o m.sn+ o.a n U HABITAT FOR w HUMANITY - Cr) 1820 G AVENUE o ce O O Z L_ C20 0 AV!H.E y r CA C t .. G!C •: w)t IOU f GLC At NO t0 FLOOR PLANS ! GRAPHICS '1,4t' A2 3:DE TYPICAL PICKET SPACING' 5 FULL 3•••'a Ell• 6LNAT:ON D^ES SM.LAR. PARTIM 310E I 10 III �IIIIJII I!ifiiiij1!1 .11. 0 TYPICAL FENCE/GATE ELEVATION 2 ti b 6 S •0 ,6'd• MASAO. ON 0U.13TtR S!LHt TRASH ENCLOSURE PLAN NORT3 6LNATIC4 SOUTH. 6LNA•3011 NORTH (IN3101) CLEVAT101. TRASH ENCLOSURE ELEVATIONS 4 310E FAiO TYPICAL ELEVATIONS PERSPEC!NE AT SACKPAFTO SIDE ELEVATION BUILDING VIEWS NTS 6CALI.11•• r NOTES RYNA6•COATED ET AA.Dh0 SEAM MAW METAL ROOF. FACTORY FINISHED 3� STEEL OU!Ri006R. PR 31 AND PAF' nARD'SOAR° SID:NO 3PADADZONTA3. AND vERT:CAL CDNF:0U1U'I .N. OAR VAPER URR1ER ANC PLYWCOD 3Y, V T3.N0 3❑ NNYL YNNDOW6'NT,. NL1.A'A30 OLAZNO 30• u'ENSION OP AREA U 3&P/.T.ON WALL ❑j h1 STOP WOOD FRAMC PINT RYNARCOATED 63361T META, AMING FACTORY FFSM4D 1p 333• SOVARE META, TVSE PCFS'TS PA'NTEO OIFS ST66L N1VAEL POST P.WTID EA OPASTED 4F Post DTR6S 'IPA' SPLIT•FACE SLOCA. BROW 01,2 IEAM ANCHOR TO MA,SONR" VMN ARCNITECTURAA 3EblS SSA PSON COLUMN CAP CCM.=CTOR OWOOD FRAMING. gas 1V9.LY SOACEO OVER 2.3 FRAMw0.4LVA00 3TA:NID AND WALED noRIZONTM NARD1I0N10 SONG w 6MAE N610nT LAPS A6 CN'lvNO UNIT, TRASH; REDIC.LING 00NTAPFER CORNEA OF IA Av6NUE AND .q 3•REr v.EW SOUTH FROM 401 STREET ^\N VIEW NORT.. ON 0AVN6. 11 SITE VIEWS NIP A.AJAAIL (RA_ w• ND 9E\33:01. CAT! HABITAT FOR HUMANITY - 1820 G AVENUE 10300 AVC1AE NA9I01W. CITY CA 11363 JAPE .2 Al.E 300F $CA A384'!0 ELEVATIONS / GRAPHICS 6HITNp A3 [OT FOR CONSTRUCTION lot() Stink. to; Salt 1)1e!,c, t(i 1 1 tutt:ini t H2O ( l'N :560 21.1 0() Nial.(.11 11, 20M Phot o #1 Page 1 C I 1: tot) No 1'5 0172(.. 2 5 ‘A:‘ 01k: VW:1‘.0 1.1/4:A V \IP • Photo ;t11(ly IUF •tq oitat itintht)itv 1820(1 Aventk... ,•\ 560-2.313 ()O March .31, 2008 Photo #5 1. . • -An'T, • • . f. Photo tt() • CFI. Joh No.01-1 )( . 2 7 Photo Stiviv to'. San Iiiego Foy 1 N.7.0 (1 lycnuc. :\PN 560-2 i3 •()6 fvlarch 31 2008 Photo #7 Photo it8 Page ..1 C -11.; ol) No I S-017?(' 2 8 Photo Study for .`>ati Diego t ial)itat tor I luiiiunii 1%20 (.1 :il'P' 5(()-2 3-O6 1:'1<,rcJi _;1:'OOf Photo #9 Page 5 (' ('h Job No. 15 0172C 29 400:*41%.. Habitat kill - for Humanity' 10222 San Diego Mission Road San Diego, (,A 92108-2135 (619) 28.3-IIOM1. (4663) fax (619) 516-5264 n'zuw.sdh flr.org San Diego July 9, 2008 Ms. Peggy Chapin City of National City 1243 National City Blvd. National City, CA 91950-4301 Regarding: 1820 G Avenue Dear Ms. Chapin: We are in the midst of the development process for eight homes affordable to families earning 50-60% AMt in the City of National City. This project is a joint venture between San Diego Habitat for Humanity and the City of National City Redevelopment Agency. In addition. the project is listed on the city's commitment in the housing element to meet RHNA. San Diego Habitat for Humanity requests to have the undergrounding of the utilities requirement waived for the above referenced project. One hundred percent (100%) of this project sets the home prices in the affordable housing range for low income families. The home prices are fixed by an agreement between San Diego Habitat for Humanity and the Redevelopment Agency. We may not recoup any additional expenses such as the undergrounding of the utilities by increasing home prices. Therefore, it is not economically feasible for San Diego Habitat for Humanity to underground the utilities. The homes are expected to have first mortgages of $175,000. This amount does not have upwards mobility - prices are set due to AMI. Total gross proceeds to Habitat are $1,400,000. However, with our 0% interest loans, the Net Present Value of the mortgages is only $777,500. Under our current pro forrna, total development costs are $2,232,091. Residual land value is -$860,091. This gap is partially covered with a subsidy from the City of National City of $834,000. If we had to pay for undergrounding, total development costs would increase to $ 2.292,091 -- residual land is -$920,091. After the City subsidy, the gap would stilt be $86,091. This gap is more than half of the expected developer fee in this project (reducing the fee to less than 5% of the direct costs of the project), thus making the project very difficult, if not infeasible. Attached please find charts to further explain these costs. Thank you for your consideration in this matter. Sincerely. �/ j/f/ Peg 4/1aftzella Architect ' San Diego Habitat for Humanity Building simple and docent. affordable homes in partnership with San Diego County families in need, San Diego flabrtat for Humanity, Inc. is 'r 501(c)(3) non-profit organization; Federal Tax 1D #33- 3 0 0259190. TABLE ]t PROJECT UESCRIPTION COMMUNITY DEVELOPMENT COMMISSION OIL NATIONAL. CITY I. Location t82o G Street II. Site Area 15,625 SF 0.33 Acres III. Total Residential Area 8,800 SF IV. Number of Stories 2 Stories V. Unit Mix Average Unit Size One Bedroom Units SF Two Bedroom Units SF Three Bedroom 8 Units Imo SF Four Bedroom llnits SF Total Number of Units Units SF VI. Affordability Mix Market Rate Units Units Affordable Units 8 Units Total Units 8 Units VII. Parking Parking Type Number of Spaces Grade level t t Spaces 9 Off -Site spaces 'TABLE 2 DEVELOPMENT COSTS COMMUNTCY DEVELOPMENT COMMISSION OF NATIONAL (.'ITY I. Direct Costs Off -Site Improvements On -Site Improvements Parking Shell Construction Amenities/FF& E Contingency Subtotal Direct Costs II. Indirect Costs Architecture & Engineering Permits Sr Fees Legal & Accounting 'faxes & Insurance Developer Fee Marketing/Lease-Up Contingency Subtotal Indirect Costs III. Financing Costs Loan Fees Interest During Construction Interest During Sales/Lease-Up I I0A Dues on thisold Units Subtotal Financing Costs Totals $ 279,643 $300,363 $6,5oo $1,028,465 $16,225 $ 141,408 $1,772,6(14 $94,272 $141,814 $50,000 $22,000 $155,251 $ i6,432 $39,718 $519,487 $o $o $o $o $o Notes $18 Per SF Site Area $ 19 Per SF Site Area $361 Per Space $117 PerSFGBA Allowance 8.o% of Directs $tot Per SF(;BA 8.0% of Directs $16 Per SF(;BA 2.8% of Directs % of Value 8.8% of Directs % of Value 7.6% (If Inclirects % of Directs % of Directs % of Directs of Directs % of Directs % of Directs IV. Total Development Costs $2,292,091 $ Per SFGBA Please check the appropriate statement: Check Box: 1. Prevailing wage requirements are included in the direct costs above. 2. Prevailing wages are not reelected in the direct costs above. TABLE 3 RESIDENTIAL SALES PROCEEDS COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY Average # of Price Price Gross Unit Size (SE) Units Per SE Per Unit Sales I. Market Rate Units One Bedroom (, Market SF $ $ $ Two Bedroom (ia, Market SF $ $ $ Three Bedroom O Market SF $ $ $ Four Bedroom (a' Market SF $ $ $ Total/Average - Market Rate units SF $ $ $ I1. Affordable units One Bedroom (d) % AM1 SF $ $ $ One Bedroom (u) %AM1 SF $ $ $ Two Bedroom @ % AMI SF $ $ $ Two Bedroom (+.) % AM I SF $ $ $ Three Bedroom 0c, 60 %AMI lion SF 8 $159 $175,00 0 $1,400,000 Three Bedromil (a) % AMI SF $ $ $ Four Bedroom ()% AMI SF $ $ $ Four Bedroom (+' °/„ AMI SF $ $ $ Total/Average - Affordable Units SF $ $ $1,400,000 II. "Total Gross Sales Proceeds (I + II) SF $ $ $1,400,000 IV. Net Saks Proceeds Gross Sales Proceeds (III, above) ( Less) Cost of Sale (aa' (Less) Target Developer Profit (7` 2 % of Gross Sales Proceeds % of Gross Sales Proceeds $1,400,000 ( $28,000 ) Net Sales Proceeds $1,372,000 33 TABLE 4 RESIDUAL. LAND VALUE AND FINANCING SURPLUS/(DEFICIT) COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY 1. Supportable Investment Net Saks Proceeds (Table 3) II. (Less) Development Costs (Table 2) III. Residual Land Value (1 + II) Totals $1,372,000 ( $2,292,091 ) ($920,091) Per SF Site Area ($59) IV. Financing Surplus/(Deficit) Residual band Value (III, above) ($920,091) (Less) Acquisition Costs ( $875,000 ) Financing Surplus/(Deficit) ($1,795,09 i) lwashita Development Consulting 10400 Camintio Cuervo # 252 DATE: July 31 2008 San Diego, CA 92108 Phone 858.431.9272 Bill To: San Diego Habitat for Humanity 10222 San Diego Mission Rd. San Diego, CA 92108 Project: 1820 G ave, National City, CA DESCRIPTION AMOUNT Perform all necessary work for Utility Overhead conversion Undergrounding services - Approximately 150 Linear Feet of underground utility conversion @ $353 / LF Including all trenching, disposal of excess material, importance of compaction, appurtenances, clean up, and all labor and materials necessary to complete conversion of overhead utilities. Work to be performed in accordance with National City Engineering standards as a developer driven overhead conversion per rule 20c by license contractor $52,950.00 TOTAL $ 52,950.00 City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Project Title: Habitat for Humanity 1820 G Avenue Project Location: 1820 G Avenue (APN 560-233-06) Contact Person: Alfredo Ybarro Telephone Number: (619) 336-4279 Description of Nature, Purpose and Beneficiaries of Project: The project involves demolition of a 1926 unoccupied residential unit, subdividing a 0.33-acre parcel into eight condorniniuni units and common area, and construction of four two-story duplexes on a 0.33-acre parcel located on the southwest corner of G Avenue and 181h Street within the Residential Multi -family 1 Planned Development zone (RM-1 PD). The purpose of the project is to construct eight units for affordable housing at 60% or less Area Median Income (AMI). HOME Investment Partnership Program (HOME) funds would be used for construction. Applicant Name and Address: Cheryl Keenan, Executive Director San Diego Habitat for Humanity 10222 San Diego Mission Road San Diego, CA 92108 Telephone Number: 619-283-4663 x307 Exempt Status: Statutory Exemption. (State type and Section No., if applicable) LX] Categorical Exemption. (Section 15192 Threshold Requirements for Exemptions for Agricultural Housing, Affordable Housing, and Residential Infill Projects.) C1 U Not a project as defined in Section 15378 of CEQA Not subject to CEQA (Sec. 15061b3) Reasons why project is exempt: The project meets the thresholds established in CEQA Section 15192 since it includes construction of eight affordable condominium units at 60% AMI, the site is an infill project, the existing residence was determined to not be significant pursuant to Section 15064.5, and grading and demolition will be completed in accordance)with a hazardous management plan. • / Date: April 15, 2008 i Peggy,'Ctiaf)in AICP, Principal Planner 0 Recycled Paper 36 NOTICE OF FINDING OF NO SIGNIFICANT IMPACT AND NOTICE OF INTENT TO REQUEST RELEASE OF FUNDS May 5, 2008 ('ity of National City 1243 National City Boulevard National City, California 91905 (619) 336-4279 These notices shall satisfy two separate but related procedural requirements for activities to be undertaken by the City of National City. REQUEST FOR RELEASE OF FUNDS On or about May 5, 2008 the City of National City will submit a request to the HUT) Los Angeles Field Office for the release of HOME funds under Title II of the Cranston -Gonzales National Affordable Housing Act of 1990, to undertake a project known as habitat for Iiurnanity -- 1 820 (s Avenue - HOME Project, for the purpose of demolishing an existing 1926 unoccupied residence and constructing eight condominium housing units to he offered to low income households at no greater than 60% of Area Median Income (AMI). The project requires a discretionary permit by the City as the project involves subdividing a 0.33 acre parcel into eight condominiums and common open space and approval of a planned development. The site is located within the Residential Multi -family Planned Development Zone (RM-1 PD) zone which allows for the development of single-family and multi -family dwellings at a density of 22.9 units per acre. Estimated funding: $335,000 in HOME funding for construction. Prior HOME funds in the amount of $875,000 was awarded and used for land acquisition. An additional $500,000 from HOME funds was granted for construction. Project Location: the project is located at on the southwest corner of 18t1i Street and G Avenue, addressed as 1820 (► Avenue (APN 560-233-06). FINDING OF NO SIGNIFICANT IMPACT The City of National City has determined that the project will have no significant impact on the human environment. 'Fheretore, an Environmental Impact Statement under the National Environmental Policy Act of 1969 (NEPA) is not required. Additional project information is contained in the Environmental Review Record (ERR) on file at the City of National (.'ity Planning Department, 1243 National ('ity Boulevard, National City, ('A 91905 and may be examined or copied Monday through Thursday, 7:00 a.m. to 6:00 pan. Loom, iJ'Inning':d'cggy ('1.)C' Enironmental\1820 (7 Avenue K)NSI RROF PUBLIC COMMENTS Any individual, group, or agency may submit written comments on the ERR to the City of National City, Planning Department. All comments received by May 5, 2008 will be considered by the City of National City prior to authorizing submission of a request for release of funds. Comments should specify which Notice they are addressing. RELEASE OF FUNDS The City of National City certifies to the IIUI) Los Angeles Field Office that Chris Zapata, City Manager consents to accept the jurisdiction of the Federal Courts if an action is brought to enforce responsibilities in relation to the environmental review process and that these responsibilities have been satisfied. 1-ItJD's approval of the certification satisfies its responsibilities under NEi'A and related laws and authorities and allows the City of National City to use Program funds. OBJECTIONS 1'O RELEASE OF FUNDS 11UD will accept objections to its release of fund and the City of National City certification for a period of fifteen days following the anticipated submission date or its actual receipt of the request (whichever is later) only if they are on one of the following bases: (a) the certification was not executed by the Certifying Officer of the City of National City; (b) the City of National City has omitted a step or failed to make a decision or finding required by FIUD regulations at 24 CFR part 58; (c) the grant recipient has committed funds or incurred costs not authorized by 24 CFR Part 58 bef>re approval of a release of funds by HUD; or (d) another Federal agency acting pursuant to 40 CFR Part 1504 has submitted a written finding that the project is unsatisfactory from the standpoint of environmental quality. Objections must be prepared and submitted in accordance with the required procedures (24 CFR Part 58, Sec. 58.76) and shall be addressed to the HUD Los Angeles Field Office at 611 W. 6th Street, Suite 800, Los Angeles, CA 90017. Potential objectors should contact the 11FJI) Environmental Officer, HUD Los Angeles Field Office (tel 213-894-8000 or via fax 213-894-8122) to verify the actual last day of the objection period. Chris Zapata, City Manager Certifying Officer May 5, 2008 38 I:ConunonTInning'\Peggyd'IX' Env ironmentai',lA2O(i Avenue FONSi RROF Environmental Assessment (continued) Page ENVIRONMENTAL ASSESSMENTS AT THE COMMUNITY LEVEL (24 CFR 58, SECTION 58.36) Project Name: Habitat for Humanity -- 1820 G Avenue — HOME Project U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT A `I & '1' Center 611 West 6th St, Suite 800 Los Angeles, CA 90017 Environmental Unit PROJECT IDENTIFICATION /CONDITIONS!FINDINGS A. City/County: City of National City, San Diego County Certifying Officer: Peggy Chapin, AICP Project Name: Habitat for Ilumanity 1820 G Avenue - I1OMF Project Project l.ocation(s) (major streets, other identification): The project sites arc located on the southwest corner of 18th Street and ( Avenue, addressed as 1820 G Avenue (APN 5b0-233-06) in the city of National City. R. ►.cad Agency: city of National City Address: 1243 National ('ity Boulevard, National City, ('A 91950 Project Representative: Alfredo Yharra, Senior Program Coordinator Telephone number: (619) .336-4279 39 Environmental Assessment (continued) Page 2 Project Approval Conditions (List all mitigation measures necessary to alleviate adverse environmental impacts, and include them in the project contract as requirements.) Finding: The project will have a significant effect on the human environment: ( ) Yes (X) No If "yes", preparation of an Environmental Impact Statement is required. C. Preparer Signature: Date: 7/30/08 Title/Agency: Peggy Chapin, Principal Planner, ('ity of National City Planning Department Environmental Assessment (continued) Page Statement of Purpose and Need for the Proposal: fhe objective of the project is to construct four two-story duplexes comprising eight condominium units to provide low income housing to households at 50-60% Area Median income (AMI) or less. Project Description: (List multi -year activities by year) The 0.33-acre site contains an existing unoccupied residence constructed in 1926 and a shed constricted prior to 1945. Both existing structures would be demolished in order to construct the affordable housing units. The proposal consists of constructing four duplex units, two-story, 3- bedroom units with private usable open space, eleven parking spaces with access provided from the alley on 18`i' Street, and an interior courtyard for use by the residents. Existing Conditions and Trends: The parcel is relatively flat containing an existing unoccupied residence, empty shed, and several mature trees and the balance of the site is dirt. It is primarily surrounded by other single and multi- family development. National City Junior High School and John Otis Elementary School are located to the north across 18`h Street. A Phase I Fnviron mental Assessment was conducted by Ninyo & Moore on February 28, 2007. The Phase I did not reveal any Recognized Environmental Conditions (RECs) on the property. REC, according to ASTM International, refers to the likely presence of hazardous substances or petroleum products on a property due to conditions that may indicate an existing release, treat or a release or a past release. Due to the location of the project to gas stations within 500 feet cast of the site and the presence of a 1954 dry well used for sewage disposal, Ninyo & Moore recommended that further evaluation should be conducted prior to grading and site excavation. 41 Environmental Assessment (continued) Page 4 STATUTORY WORKSHEET Checklist of Applicable Statutes, Executive Orders, and Regulations Compliance Factors: Statutes, Executive Orders, and Regulations (24 CFR 58.5) Historic Preservation Floodplain Management Wetlands Protection Coastal Zone Sole Source Aquifer Endangered Species Wild and Scenic Rivers Air Quality Farmland Protection Environmental Justice Determinations and Compliance Documentation The site contains an existing residence constructed prior to 1926 and a shed constructed prior to 1945. Neithei- structures are listed on the City's Ifistoric Resource List or on any known historic survey, nor do they meet the criteria for determining an historic resource pursuant to Public Resource ('ode Section 5020.1 (CEQA 15064.5). The project site is not located in a flood zone X according to Flood Insurance Rate Map 06073C 19 I 11; dated June 19, 1997 . No impacts to wetlands will result by project implementation per City site visit on 4/14/08. The project is not located within the Coastal Zone per the National City Local Coastal Program [And Use Plan (Figure 1) adopted May 6, 1997, Resolution No. 97-53. The project is not located within the Campo -Cottonwood aquifer, which is the only identified sole -source aquifer in San Diego County per map review. No endangered species were identified per site visit of 4I14108. None occur on the site per site visit 4/14/08. No direct sources of emissions are proposed as the project is residential in nature. Implementation of the project would result in 8 units, and a potential 88 vehicle trips daily. The project is located on the corner of two public streets and is accessible to bus stops and the trolley. Traffic generated from thc 8 units will be consistent with that of surrounding uses which are also mostly residential. Project site does not involve prime or unique farmland per site visit on 4/14/08. The proposed construction of the 8-unit duplexes would be consistent with the existing use and surrounding properties with similar residential uses and densities. 42 1.nvironrnental Assessment (continued) Page 5 HUD ENVIRONMENTAL STANDARDS Noise Abatement and Control (24 CFR 51R) Explosives and Flamrnable Operations (24 CFR 5IC) Toxic Chemicals/ Radioactive materials (IIUI) Notice 79-33) Airport (.'lear /ones and Accident Potential penes Cumulative impacts The project site is not located within a noise contour area of the city. Construction noise occurring during the development of the site is temporary in nature and will comply with the City's tinieframe for construction activities. The parcel contains an existing single family residence. No hazardous rnaterials are stored on site (per City field visit 4/14108) and no hazardous materials were identified on the County of San Diego Dept. of Environmental health I lazardous Materials list according to the Phase I Environmental Site Assessment for 1820 (i Avenue dated February 28, 2007. The parcel contains one unoccupied, single family residence. Based on the Phase I Environmental Site Assessment prepared February 28, 2007 by Ninyo & Moore, a plan will be prepared to address monitoring of excavated soil for possible contaminated soils and/or groundwater. Any asbestos or lead based paint will be identified prior to ref •val and the appropriate permits will be obtained and procedures ti�tlowed. Project is not located within an identified accident potential zone or runway clear zone per 2008 Thomas Guide pg 1329. None were identified since the project will not result in a substantial increase in traffic that would decrease the level of service for t 8`t' Street or G Avenue. Water and sewer service is consistent with available capacities. 43 iMPAC.1. CATEGORIES Environmental Assessment (continued) Page 6 ENVIRONMENTAL ASSESSMENT CHECKLIST 1. No impact is anticipated. 2 Potentially 13eneficial. 3. Potentially adverse, requires documentation only. 4. Requires mitigation. 5. Requires project modification. Conformance with Cotnprchensive Plans Compatibility and Urban Impact Slope Erosion Soil suitability Hazards and Nuisances, Including Site Safety l SOURCE DOCUMENTATION The project involves construction of 4 condominium duplex units resulting in 8 residences for low income housing consistent with the 2005-2010 Housing Element, December 2007, for meeting Regional Housing Needs Assessment (R1INA) as identified by SANDAG. The project is consistent with the Medium Commercial and Commercial General land Use designations which allow multi -family development. The project is compatible with surrounding existing residential development that is developed with similar densities. The site is relatively flat and minor site preparation would be re uired_ The grading plan will include an erosion control plan to avoid impacts to offsite erosion and runoff. The soils report will be prepared prior to construction and submitted to the Engineering Department for review. The Phase I Site Assessment indicated that no RECs were encountered, the report noted gas stations within 500 feet and a known 1654 dry well for sewage. 'The report recommended a soil/groundwater management plan will be prepared to assess soil quality and manage excavated soil during grading. A hazardous Building Materials Survey prepared March 31, 2008 revealed both the residence and shed contain asbestos and lead - containing surfaces. A licensed asbestos abatement contractor shall be used to remove asbestos materials and a licensed contractor utilizing CDl'EE certified personnel for removal of lead containing surfaces. 44 IMPA(A. CATEGORIES Energy (:onsumption Air Quality Effects of Ambient Air Quality on Project and Contribution to Comniunity Air Pollution I ,evels Environmental Design Visual Quality- Coherence, Diversity, Compatible use Socioeconomic Demographic! Community ('haracter Changes I)isplacement Employment and Income Patterns Community Facilities and Services Educational Facilities Commercial Facilities lealth Care Social Services Solid Waste Environmental Assessment (continued) Page 7 ENVIRONMENTAL ASSESSMENT CHECKLIST 1. No impact is anticipated. 2 Potentially Beneficial. 3. Potentially adverse, requires documentation only. 4. Requires mitigation. 5. Requires project modification. - - - — - - SOURCE: DOCUMENTATION There would be an increase in energy consumption Project will be in conformance with applicable air quality standards. The project includes construction of four two-story duplex units within an area of residential uses and as such will be consistent with the surrounding No demographic or community character changes are anticipated. No displacement will occur as the existing residence is unoccupied. Rather the project would create 7 additional housing units. Project will not impact any employment or income patterns. The project will not adversely impact educational facilities within the City of National. National City Junior High and Otis Elementary School are across lel Street and Sweetwater High School is 'A mile away from the _project site. The project will be served by the existing businesses along lhghiaiid Avenue without adverse impact. Paradise Valley 1 hospital will serve the project. Paradise Valley Hospital will serve the project: No adverse impacts are anticipated. EDCO will provide service. 4 5 IMPACT CATEGORIES Waste Water Storm Water Public safety - Police Public safety - Dire Emergency Medical Facilities Open space Recreation Cultural facilities Transportation Natural Features Water Resources Environmental Assessment (continued) Page 8 ENVIRONMENTAL. ASSESSMENT CHECKLIST I. No impact is anticipated. 2 Potentially Beneficial. 3. Potentially adverse, requires documentation only. 4. Requires mitigation. 5. Requires project modification. 1 1 1 1 SOURCE DOCUMENTATION No adverse impacts are anticipated. No adverse impacts are anticipated. Existing storm dram systems serve the area. Best Management Practices will be incorporated in the stormwater plan —pre_pared erior to grading. _ The National City Police Department will serve the project__ The National City Fire Department will serve the project. Paradise Valley I lospital located on the east side of I-805 will serve the project. The site has been previously graded and developed. No open space easements or native vegetation occur on site. Project site is in close proximity to schools. Parks, public library and City hall are located within a %: mile of the _project. No affect on existing facilities is anticipated. The structures are not listed on the City's historic sites list as adopted by the City Council nor on any preliminary historic sites inventory and do not meet the criteria set forth in Section 5020.1(K) of the Public Resource Codes (CEQA 15064.5). Project site is serviced by public transportation (MTS) and the San Diego Trolley system is located to the west at 24th Street and 8'h Street, within ' mile of the project site. No impacts to water resources are anticipated. Service to the site is already provided by Sweetwater 46 1MPACI CATEGORIES Surface Water Vegetation and Wildlife Cumulative Impacts Environmental Assessment (continued) Page 9 ENVIRONMENTAL ASSESSMENT CHECKLIST I . No impact is anticipated. 2 Potentially t3eneficial. 3. Potentially adverse, requires SOURCE documentation only. DOCUMENTATION A'TION 4. Requires mitigation. 5. Requires project modification. Authority. None onsite per field visit on 4f 14/08. No native vegetation exist onsite per field visit. All vegetation is ornamental. No cumulative impacts were identified since construction of 8 units would not impact the traffic volumes to a level of significance (resulting in an estimate 88 trips daily). Water and sewer service is consistent with available capacities. Other factors to be considered: (may include special conditions/situations affecting the project which have not been identified, such as historic resources of State or local significance, State -listed endangered species, traffic issues, etc. None required. Alternatives Considered: Provide an objective discussion of the environmental impacts of the proposed action and of alternatives to the proposed action (i.e., actions that were considered but rejected). included in this discussion the benefits of each alternative, and the consideration (e.g., environmental impacts that could not be corrected with mitigation because of physical or economic constraints, concerns with health and safety, irreversible and or irretrievable damage to resources). Noise, potential encounter of a 1954 dry well for sewage, assess soil quality due to gas station within 500 feet, and removal of asbestos and lead based surfaces have been identified as potential environmental impacts associated with the proposed action that is site specific. These impacts should be addressed as follows: !. The noise impacts are temporary in nature as they relate to the construction of the eight units. Construction noise levels would occur during allowable periods of time and no long-term noise impacts related to the proposed project will occur. 2. Prior to grading a soil/groundwater management plan shall be prepared to address the possibility of encountering the cesspool or contaminated groundwater. The plan should address monitoring of excavated soil, community and worker health and safety, and soil and groundwater handing, stockpiling, characterization, on -site reuse, export, and disposal protocols. In addition, appropriate references regarding the potential to encounter a 1954 dry well and gas station impacted groundwater should he included in construction specifications. 3. A Hazardous Building Materials Survey prepared March 31, 2008 by Ninyo & Moore revealed both residence and shed contain asbestos and lead -containing surfaces. A licensed asbestos abatement contractor shall be used to remove asbestos materials and a licensed contractor utilizing CDPH certified personnel for removal of lead containing surfaces. There are no known biological or cultural resource impacts associated with the project. Erosion and .storm water impacts are not anticipated since there will be minimal grading and installation of landscaping 47 Environmental Assessment (continued) Page 10 would prevent erosion or storm water impacts and the development would conform to the Best Management Practices and the City's NPDES standards. Proposed Action. Describe the reasons for choosing this course of action, which has been the focus of this Environmental Assessment, on the bases of benefits to the human environment, identified impacts, and any proposed corrective measures to reduce adverse impacts). The objective of the project is to construct eight units to provide housing for eight households at 60% or less of AM! at an underutilized parcel within an urbanized area of National City. The zoning and the surrounding development is compatible with the proposed project. The project location allows easy access to public transportation, medical clinics, schools, and public recreation facilities. No Action/Alternatives to Meeting Program Objectives. Discuss the benefits of meeting program objectives in a way other than the proposed action as well as the consequences of implementing other means. The "No Project Alternative" would not meet the project objectives of providing rehabilitated affordable units to low-income households. Other Reasonable Courses (s) of Action. Identify one or more alternatives to the proposed project that were considered and rejected, e.g. other sites considered, design modifications, other uses of the site. For each alternative, describe benefits to the human environment that would result from implementation, any adverse impacts and the reasons for rejection. There are no environmental impacts associated with the proposed development project that can not be mitigated to below a level of significance. The high cost of housing in all parts of San Diego County has created a significant housing shortage. It is important that the homes be developed to meet the increasing need for affordable housing. Many alternative sites were considered. They were rejected due to higher land prices and development costs. Criteria for selection included property size, zoning, location (proximity to schools, off -site services public transportation) and neighborhood compatibility. Habitat for Humanity reviewed and visited all sites, and selected the properties at 1820 G Avenue based on the above -mentioned criteria. 1. Is project in compliance with applicable laws and regulations? Yes _ N 2. Is an EIS required? Yes No _X 3. A Finding of No Significant Impact (FONSI) can be made. Project will not significantly affect the quality of the human environment. Yes X No Prepared by: Peggy Chapin Signature: I)ate: 7i30i08 Certifying Officer: Peggy Chapin, Principal Planner Signature: Date: 7; 30/08 Title: Principal Planner 48 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 7, 2008 AGENDA ITEM NO. 21 ITEM TITLE Public Hearing - Time Extension Request — Tentative Subdivision Map to Divide a 12,750 Square -Foot Property on the Fast Side of C Avenue Between 8th and 9th Street, into Eight Residential Lots with a Conditional Use Permit for One of the Lots to have an Accessory Living Unit (Applicants: Neighborhood National B, )(Case File No. 2008-30 TE) PREPARED BY Martin der, 336-4310 DEPARTMENT Planning EXPLANATION The City Council approved a Tentative Subdivision Map and Conditional Use Permit on September 21, 2004, for the development of eight row homes. Council approved one-year time extensions in October. 2006 and February 2007 extending the permit expiration date until September 21, 2008. The new property owners are requesting a final Time Extension in order to record the map and sell the property. The attached background report describes the project in detail. Environmental Review x N/A Exempt Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION cp Staff recommends that the expiration date for S-2004-6/CUP-2004-18 be extended by an additional year to September 21, 2009. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Background Report 2. Resolution No. 2004-179 3. Location Map 4. Applicant's letter of request 5. Approved Plans and Rendering A-200 (9/99) BACKGROUND REPORT The approved project would divide a 12,950 square foot site into eight individual lots, each being approximately 1,600 square feet in sire. The proposal included developing one unit per lot, with the exception of one lot that was also to have a small accessory living unit. 'I'he 21 to 31-foot tall, two story buildings will be located at the perimeter of the property surrounding a central auto court located off an alley behind the property. Units along C Avenue will be oriented toward the street with steps leading up to the front entry. The exterior of the buildings will have horizontal siding, cement plaster, wood trim, and tall windows. The two and three bedroom units will he between about 930 and 1,200 square feet in size, with the accessory living unit about 340 square feet. Each unit will have at least one balcony and an over -sized one -car garage or standard two -car garage. All parking areas will he accessed via the auto court. Landscaping is proposed in the form of street trees in the parkway and screening shrubs for privacy. As you will recall, the original applicant vas the non-profit Alpha Project, who had an agreement with the Community Development Commission (CI)C) to provide two of the proposed units for persons within the 80-120 percent average monthly income (AM1) bracket. Alpha Project sold their interest in the property to a new group of owners in February of 2006. These owners did not plan to provide any affordable units. No Condition of Approval was included with the original approval to require such units and since the property was sold. the agreement was dissolved. As previously mentioned, City Council approved a Tentative Subdivision Map and Conditional Ilse Permit, and two one-year time extensions extending the permit expiration date until September 21, 2008. The original applicant. Alpha Project, sold the project to another group of owners who requested the Time Extensions. The property has since been taken over by the hank that issued the mortgage, Neighborhood National Bank. All Tentative Subdivision Maps are approved with a condition allowing two years to finalize the map. Although two extensions have been granted, no Final Map has yet been processed for the proposed project, and this Map will expire unless extended. The Subdivision Ordinance allows up to three tirne extensions for a total of 36 months. Whereas the request for the Time Extension of the Subdivision does not require a publicly -noticed hearing, the associated Conditional Use Permit does require such a hearing. Such extensions may be granted by the original approving body for no more than one year for each extension. As the Tentative Subdivision Map has been extended for an additional year two times already, and a Map may not be approved for more than five years, this would be the last extension possible. 'fhe current property owners are requesting a final Time Extension in order to record the map and sell the property. The applicant is working diligently with the Engineering Department on the remaining items necessary to finalize the Tentative Subdivision Map. 1 6808 RESOLUTION NO. 2004 -- 179 RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF NATIONAL- CITY APPROVING A TENTATIVE SUBDIVISION MAP TO DIVIDE A 12,750 SQUARE FOOT PROPERTY ON THE EAST SIDE OF C AVENUE BETWEEN 8T1 i STREt=1- AND 9TH STREET, INTO EIGHT RESIDENTIAL LOTS WiTH A CONDITIONAL USE PERMIT FOR ONE OF THE LOTS TO HAVE AN ACCESSORY LIVING UNIT APPLICANT: BRETT FARROW — FOR ALPHA PROJECT CASE FILE NO.: S-2004-61CUP-2004-18 WHEREAS, application was made for approval of a tentative subdivision map for approval of a tentative subdivision map and conditional use permit on property generally described as: Lot 4, 5, 6, 7 and a portion of Lot 8 in Block 4 of W.C. Kimball's Subdivision of 10 Acre Lot 1 on Quarter Section 154 of Rancho De La Nacion, in the City of National City, County of San Diego, State of California, according to Map thereof No_ 105, filed in the Office of the County Recorder of San Diego County March 10, 1887. WHEREAS, the Planning Commission of the City of National City, California, considered said applications at a public hearing held on August 16, 2004, and by Resolution recommended conditional approval of the application; and WHEREAS, the City Council of the City of National City considered saki applications at a public hearing held on September 7, 2004, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council considered the staff report prepared for Case Fite Nos. S-2004-6 and CUP-2004-18 which are maintained by the City, and incorporated herein by reference; along with evidence and testimony at said hearing; and WHEREAS, this action is Taken pursuant to all applicable procedures required by State and City law; and WIIEREAS, the action recited herein is found to be essential for the preservation of public health, safety and general welfare. NOW, THEREFORE, BE f i RESOLVED by the City Council of the City of National City, California, that it hereby approves the tentative subdivision map to divide a 12,750 square foot property on the east side of C Avenue between 8th Street and 9`r' Street, into eight residential lots with a conditional use permit for one of the lots to have an accessory living unit, based on the following findings. 6809 Resolution No. 2004 -- 179 September 21, 2004 Page 2 FINDINGS FOR APPROVAL OF THE TENTATIVE SUBDIVISION MAP 1. The proposed map is consistent with the National City General Plan and applicable specific plans, since eight new homeownership opportunities will be created on a vacant commercial property at a density (30.2 units/acre) that is consistent with the maximum allowed by the General Plan (34.8 units/acre). Also, the high quality characteristics and urban style of the residential development will strengthen the urban residential neighborhood in this area as encouraged by the General Plan. Finally, there are no relevant specific plans for this area. The site is physically suitable for the proposed type of development, since the urban style residential development will harmonize with the existing urban residential and commercial, development in the vicinity, and since most of the development in the area is multi -storied. 3_ The site is physically suitable for the proposed density of development, since the proposed 30.2 units/acre is consistent with the maximum 34.8 units/acre allowed by the General Plan and with the density of existing nearby development, which varies within the project block from approximately 20 units/acre to 40 units/acre. Also, adequate off-street parking and private open space areas will be provided_ The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, since the small 12,950 square foot site, which was previously developed, is devoid of any vegetation, and since there are no bodies of water on -site. 5. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, since all necessary public services will be provided. 6. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, since no such easements are located on the site. the discharge of sewerage waste from the sutxiivision into Owe City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional (duality Control Board pursuant to Division 7 (commencing with Section 13()00) of the Water Code, as specified by Government Code Section 664 (4.6 3 Resolution No. 2004 - 179 September 21, 2004 Page 3 6810 8. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources. 9. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT FOR AN ACCESSORY LIVING UNIT ON LOT 6 That the site for the proposed use is adequate in size and shape, since as a part of a larger project the site is large enough to accommodate the main living unit and small accessory living unit/companion flat with adequate off-street parking and private open space. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since as part of a larger project, which itself will contribute only a minimal amount of traffic to the roads in the area, the two units on lot 6 will generate an insignificant 16 average daily trips which can easily be absorbed by the nearby residential and cornrnerciat roads. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the density of the proposal is similar to that of nearby existing development and since a greater ratio of parking per unit will be provided and since adequate setbacks will be maintained. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the creation of a multitude of residential housing types is encouraged by the City's General Plan and since the project will be meeting contemporary regional housing demand. p Resolution No. 2004 -- 179 September 21, 2004 Page 4 6811 FINDINGS FOR APPROVAL OF THE REQUESTED EXCEPTIONS FOR REDUCED LOT SIZE AND STREET FRONTAGE 1. The property to be divided is of such size or shape, or is affected by such topographic conditions that it is impossible or impracticable in the particular case to conform fully to the subdivision requirements, since the proposed project fully utilizes the elevated street and level alley frontage consistent with the pattem of existing residential development in the area. 2. The exceptions will not be detrimental to the public health, safety, welfare or be detrimental to the use of other properties in the vicinity, since the proposed subdivision and development include numerous design features that will make it compatible with the adjacent urban residential and commercial properties. 3. Granting of the exceptions is in accordance with the intent and purposes of this Title, and is consistent with the General Plan and with all specific plans or other plans of the City, since the General Plan encourages the creation of home ownership opportunities, which the requested exceptions facilitate, and since the functional design of the proposed subdivision is compatible with adjacent and nearby development consistent with the intent of this Title. FINDING FOR EXCEPTION TO SETBACK REQUIREMENTS That the proposed front, side and rear yard setbacks are adequate to continue the existing development pattern on adjacent parcels, buffer the units from the streets and adjacent development while allowing for eight high quality residential units to be provided with a greater ratio of parking spaces per unit than other development in the area. FINDINGS FOR MIXED USE EXCEPTIONS 1. That because of special circumstances applicable to the property, including shape, topography, and location, the strict application of Title 18 of the Municipal Code (Zoning) deprives such property of privileges enjoyed by other property in the vicinity and under the identical zone classification, since under the proposal a greater ratio of parking per unit will be provided than is provided on many of the developed properties in the area. Also, since the design of the off-street parking is both functional and consistent with City Design Gukielines. Finally, the proposed builcliny heights are consistent with the heights of existing development in the area and under the same zoning classification, and are less than would be allowed for commercial development on the property. 114 • s Resolution No_ 2004 -- 179 September 21, 2004 Page 5 6812 That the requested exceptions are subject to such conditions which will assure that the adjustment authorized will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated, since existing nearby developments in the CG Zone provide a lesser ratio of off-street parking spaces per unit in sub -standard parking lots. 3. That the exceptions do not authorize a use or activity which is not otherwise expressly authorized by the zoning regulations governing the parcel of property. since residential development is permitted in the General Commercial (CG) Zone with an approved site plan. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, said Tentative Subdivision Map to divide a 12,750 square foot property on the east side of C Avenue between 8th Street and 9th Street, into eight residential lots with a conditional use permit for one of the lots to have an accessory living unit is hereby approved subject to the following conditions: This Tentative Map and Conditional Use Permit authorize the division of one project site into eight Tots for development with eight residential units and one accessory living unit. Except as required by conditions of approval, all plans submitted for - permits associated with the project shall conform with Exhibits A -revised, B-revised and C, Case File no. S-2004-6ICUP-2.004-18, dated 7/20/2004, 712.0/2004 and 7/23/2004 respectively. 2./ A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc_ shall be submitted for review and approval by the Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. 3. NI The Conditional Use Permit shall not be relied upon nor shall a Final Map be approved until GP-2003-6 and A-2004-1 are effective_ The developer shall provide a declaration of covenants, conditions and restrictions, running with the land, clearly setting for the privileges and responsibilities, including maintenance, payment of taxes, etc. involved in the common ownership of parking areas, walks, utilities and open spaces prior to approval of the final map. Said CC&R's shall be subject to approval as to content and form by the City Attorney. The CC&R's shall allow the City the authority but not the obligation to assume maintenance of the property and assess the full cost including overhead costs therefore as a lien against the property if said property is not adequately maintained per the agreement. The CC&R's shall include a determination that the funds provided by the maintenance provisions will be sufficient to cover all contemplatedcosts. • 6813 Resolution No. 2004 — 179 September 21, 2004 Page 6 5_ A corporation, association, property owners' group, or similar entity shall be formed with the right to assess all the properties which are jointly owned with interests in the common areas and facilities in the entire development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded conditions, covenants, and restrictions approved by the City Attorney as to form and content, which shall include compulsory membership of all owners and flexibility of assessments to meet changing costs of maintenance, repairs and services. 6 All exterior balcony/deck/stair railing shall be a high quality, low -maintenance material (excluding w«), subject to review and approval of the Planning Director. If gated a rapid entry system for Police Department access shall be provided in compliance with Municipal Code Chapter 10.47. 8.. Estimated minimum fire flow requirement will be 2250 gpm for 2 hours. 9. Access to the auto court shall not be less than 20 feet wide with a vertical clearance of 13 feet 6 inches throughout. 10. Entire alley to be posted "NO PARKING FIRE LANE." 11. Unit 8 shall have an individual tire sprinkler system subject to review and approval of the Fire Department. 12. A grading and drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer_ All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and leaning of private catch basins and storm drains, shalt be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall be signed and recorded_ The checklists for preparation of the grading plan drainage plan and Standard Urban Storm Water Mitigation Plan (SUSMP) are available at the Public Works Department. 13. All surface run-off, shall be collected by approved drainage facilities and directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface run off resulting from this development. • Resolution No. 2004 - 179 September 21, 2004 Page 7 6814 14. A soils engineering report shall be submitted for the Public Works Department's review, after Planning Commission approval. The report shall address the stability of all of the existing and proposed slopes on the property_ It shall also address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure and the required pavement structural sections for the proposed streets, the parking areas, and the driveways. As a minimum, the parking lot pavement sections shall be 2 inch A.C. over 4-inch Class II aggregate base. The street pavement sections shall be in accordance with National City modified Standard Drawing G-24. All soils report findings and recommendations shall be part of the Public Works Department requirements. 15. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading plan. Any new sewer lateral in the City right-of- way shall be 6 inch in size with a dean out_ A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 16. The deteriorated portions of the existing street improvements (30' of sidewalks) along the property frontages shall be removed and replaced. 17. A permit shall be obtained from the Public Works Department for all improvement work within the public right-of-way, and any grading construction on private property. 18_ A cost estimate shall be submitted with the plans. A performance bond equal to the approved cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment, according to actual work hours. 19. Street improvements shall be in accordance with City Standards. All missing street improvements (100' of curb and gutter) shall be constnicted. 20. A title report shall be submitted to the Public Works Department, after the Planning Commission approval, for review of all existing easements and the ownership at the property. 21 The final reap shall meet all of the requirements of the Subdivision Map Act, and the City of National City Municipal Codes including certification, acknowledgement, complete boundary information and rnonurnentation. r 6815 Resolution No. 2004 - 179 September 21, 2004 Page 8 22. The subdivider shall submit an approval letter from Sweetwater Authority stating fire flow requirements have been met. If additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Authority prior to obtaining the final map approval. 23. Separate water and sewer laterals shall be provided to each lot/parcel. 24. The developer shall bond for the monumentation, the public improvements and the on -site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the final map. 25. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 26. The final map shall be recorded prior to issuance of any building permit. 27. All new property line survey monuments shall be set on private property, unless otherwise approved. 28. The parcel map/final map shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian, and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. 29. Plans must comply with the 2001 editions of the California Building Gode, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. 30. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 31. Exterior walls of buildings/ freestanding signs/ trash enclosures to a height of not less than 6 feet shall be treated with a graffiti resistant coating subject to approval from the Budding and Safety Director. Graffiti shall be removed within 24 hours of its observance. 32. The property owner shall submit a letter to the Sweetwater Authority stating fire flow requirements. The owner shalt enter into an agreement with the Authority for any water facility improvements required for the proposed project. 33. Before this Tentative Subdivision Map and Conditional Use Permit shall taecxanae effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledginq and • a Resolution No. 2004 -- 179 September 21, 2004 Page 9 Y 6816 accepting all conditions imposed upon the approval of this permit. l(ailure to return` ) the signed and notarized Acceptance Form within 30 days of its receipt shall (. automatically terminate the Tentative Subdivision Map / Conditional Use Permit_ The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder_ The applicant shall pay necessary recording fees to the County_ The Notice of Restriction shall provide information that conditions imposed by approval of the Tentative Subdivision Map / Conditional Use 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. 34. Approval of the tentative map expires two (2) years after adoption of the resolution of approval at 5:00 p.m. unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by National City Municipal Code Section 17.04.070. The Conditional Use Permit shall expire concurrent with the Tentative Subdivision Map. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant; and, BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. ATTEST: PASSED and ADOPTED this 21sr day of September, 2004. ck h' za, ayor APPROVED AS TO FORM: Michael Dalla /City Clerk George H. Eiser, I11 City Attorney 10 6817 Passed and adopted by the Council of the City of National City, California, on September 21, 2004, by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Parra, Ungab. Nays: None. Absent: Councilmember Inzunza_ Abstain: None. AUTHENTICATED BY: NICK INZUNZA fiy. Mayor of the City of National City, California MICH-HAEL R. DALLA City Clerk of the City of National City, California Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2004-179 of the City of National City, California, passed and adopted by the Council of said City on September 21, 2004. By Cit! Clerk of the City/ of National City, California 11 Depiity rty .. 12 t st ••• CG \ . • ta 1-.3 co °cp t•-•) 100 0 100 Feet PROJECT LOCATION o a2-9 -- 1336 0 0\1° P‘a12' •• ZONE BOUNDARY — — — • A LOCATION MAP Time Extension Request for S-2004-6/CUP-2006-18 for Eight Row Homes at 817-831 C Avenue 2008-30 TE NATIONAL CI1TY PLANNING DRN. DATE: 9/3/08 INITIAL HEARING: 9/16/08 NEIGHBORHOOD 1TIONAL BANK August 26, 2008 Mr. Martin Reeder, Assistant Planner City of National City 1243 National City Boulevard National City, CA 91950 26 RU0 '08 FAH 3:1193 j-__DECEOVEM L 1 Re: Tentative Subdivision Map and Conditional Use Pen -nit (S-2004-6/CUP-2004-18) For property on the east side of C Avenue between 8th & 9th Street. Case File No. 2007-52 T. E. ) Dear Mr. Reeder: Neighborhood National Bank acquired the property that is the subject of the referenced Subdivision Map through a foreclosure sale on August 8, 2008. The Bank requests a one year extension of the referenced documents to provide time to complete the requirements to file the final subdivision map. Enclosed is the time extension fee of $1,232.00. Please contact me if additional information or documentation is needed in order to process this request. Robert O. Duff Senior Vice President INVESTING hlailin�t Akliress: P.O. Box 42e • National ( :jirN3(:A 91951 1 7 17 Sweetwater Rua,l • Nati,1)a1 ( itv, Calif Lrnia 91950 • PINgle (619) 7 R9.44(\' Fax (619) 789.4.188 ALPHA PROJECT ROW HOMES 817 - 829 C AVENUE NATIONAL CITY, CA STREET PERSPECTIVE GENERAL NOTES PROJECT DATA AON CCOV*A.,cY'9PE: u T`•PE OF CCNSrsk,CTrc', vo CF STORES n:.. .0T COVERAGE: FA4 RROJECT OESCRJPT,04 04CSS B ol0:NO AREA •~r~moo.. AREA •1 Way NG P e+wlt w.Cn V AOc4ES8E8 ~.w M.:ae o:wrwn 4,0.o`er �•r• 41.C♦NrA tir .. fps, C.0 i, •.;.•.•fnu.cw-�-,t e. ,[.10..•nwOfOc :v..,c•. •.u.w.•.Nw• w., .h.• Y0 h.., h..... 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''. $1'. .. ......:,,,,,,,,.'i.,,,,,,..A,...=,...,-,e4=it`',:;',..L.f.,'-'..:,...---..i.v;16.5A,-,i;,...,..T. , -,.„..;,..:,:•;:p..C.7 -•'-' ,".•'...q.,..2•:e...:%!=.:‘,.....:,-%'''''' '; 1 , . .. ,i..;,...-.N,,,.......?;..)::.4%K...;...1,7777-,....,: City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 7, 2008 AGENDA ITEM NO. 22 ITEM TITLE Public Hearing on the Fiscal Year 2008-2009 Supplemental Allocation Cycle, Approval of Funding Recommendations for the allocation of $1,759,500 in CDBG and $1,200,000 in HOME Program Income Funds, and Approval to Amend the Department of Housing and Urban Development Annual Allocation Plan PREPARED BY DEPARTMENT Alfredo Ybarra (Ext. 4279) EXPLANATION Community Development, Housing and Grants On September 2, 2008, City Council conducted a public hearing to solicit public input, discuss eligible program income uses, and review HUD's recommendations in the development of the City's amended Fiscal Year 2008-2009 Annual Allocation Plan for the allocation of $2,070,000 in CDBG and $1,200,000 in HOME program income funds. Council directed staff to set -aside 15% or $310,500 of the $2,070,000 for public service activities which will involve a longer and competitive process. As a result, a total of $1,759,500 is available for the Section 108 Fire Station payment. HUD requires all entitlement communities to hold a minimum of two (2) public hearings to solicit public input on the housing and community development needs of National City residents. Two (2) public hearings were duly noticed in the Union -Tribune, and the required public hearings to be conducted on September 2, 2008 and October 7, 2008. After public hearing conducted on September 2, 2008, Council provided staff with direction for proposed uses of the CDBG and HOME program income. Council's direction for use of the program income was published and information related to the proposed projects/activities was made available for public comment and review for a minimum of thirty (30) days. A public notice was published in the Union -Tribune and was made available to the public in the Housing and Grants Division office. The purpose of this public hearing is to once again invite public input and for the City Council to make comments regarding the allocation for use of FY 2008-2009 CDBG and HOME funds. Upon closure of the public hearing, Council may vote to finalize the amendment to the FY 2008-2009 HUD Annual Allocation Plan. Environmental Review N/A Approved By: Financial Statement Finance Director The City has identified $1,759,500 in CDBG and $1,200,000 in HOME program income funds for FY 2008-2009 for eligible activities and projects. The City Council's adopted allocations will then be incorporated into the City 2008-2009 Fiscal Year Budget. Account No. STAFF RECOMMENDATION Approve amendments to the Fiscal Year 2008-2009 HUD Annual Allocation Plan as follows: 1. Approve $272,119 in HOME program income funds to Habitat for Humanity for the construction of three (3) units at 1441 Harding Avenue. 2. Approve $927,881 in HOME program income funds to CASA Familiar, Incorporated for the repayment of Low Moderate Housing Fund Bridge Loan. 3. Approve $1,759,500 in CDBG program income funds for partial repayment of the Section 108 Fire Station Loan. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS (Listed Below) Resolution No. 1. CDBG and HOME Funding Requests 2. Notice of Public Hearing A-200 (9/99) CITY OF NATIONAL CITY — FY 2008-2009 SUPPLEMENTAL GRANT APPLICATION CYCLE AGENCY NAME Casa Familiar, Incorporated CONTACT PERSON Luz Camacho. PHONE NUMBER 619-482-1115 619-726-6405 E-MAIL: ADDRESS Iuz@casafamilar.orq SITE ADDRESS 1101-1119 E Avenue and 1111 D Avenue ACTIVITY NAME HOME FUNDING WILL PROVIDE - NUMBER TO BE ASSISTED BY ` THE `ACTIVITY ' HOME FUNDING ' REQUESTED $927,881 National City Small Site Acquisition & Rehabilitation Program 8 Housing Units On April 1, 2008, the City Council approved $182,466 (Resolution 2008-79) in HOME Investment Partnership Program (HOME) funds for this project during the 2008 CDBG/HOME application process. To close the acquisition and avoid further expenses to the project, Council approved $1,597,534 in Low Moderate Housing Set -Aside funds (LMHF) for a bridge loan to acquire the two (2) properties on August 19, 2008. The properties were acquired by Casa Familiar on August 29, 2008. The Bridge loan agreement requires full/partial repayment of LMHF funds by utilizing HOME funds that may become available. Casa Familiar is requesting $927,881 in HOME funds that will partially pay down the LMHF bridge loan of $1,597,534. If approved, the total HOME funds in the project will be $1,110,347 and $669,653 in Low Moderate Housing Funds. The total City investment from LMHF and HOME funds does not exceed the original request of $1,780,000. GENERAL ACTIVITY/ PRO3ECT DESCRIPTION Acquisition and rehabilitation of two small multifamily rental complexes located in National City. The proposed sites include: 1111 D Avenue - Eight (8), 2-Bedroom, 1-Bath Units; and 1101-1119 E Avenue - Ten (10), 1-Bedroom, 1-Bath Units. This agency is proposing extensive rehabilitation with an estimated hard cost of $35,611 per unit. The proposed completion date for this activity is June 2009. Objective Number Project ID H2008-1 Funding Sources HUD Matrix Code 14B HOME Citation 570.202 CDBG $0 ESG $0 Type of Recipient Government _ HOME National Objective HOME $927,881 HOPWA $0 Start Date 8/27/2008 Completion Date 7/30/2009 Total Formula $0 Prior Year Funds $182,466 $0 Performance Indicator Housing Units Annual Units 8 Assisted Housing PHA $0 Local ID Tab # 1-H Units Upon Completion 18 Other Funding $669,653 Total *1,780,000 TYPE OF REQUEST HOME Grant Administration Request ELIGIBLE SOURCES OF FUNDING CHDO Affordable Housing Development Affordable Housing Development HOME Funds, Redevelopment 20% Set Aside Funds ect is to help: Homeless: Persons with HIV/AIDS: Persons with Disabilities: Public Housing Needs: Objective Category Suitable Living Environment: YES Decent Housing: YES Outcome Category Availability/Accessibility: YES Affordability: YES Economic Opportunity: Sustainabilit Other Comments: $1,110,347 Total HOME investment for this project (or $61,685.94 HOME subsidy per unit) CITY OF NATIONAL CITY — FY 2008-2009 GRANT APPLICATION CYCLE AGENCY NAME San Diego Habitat for Humanity CONTACT PERSON Karen Youel, Director of Special Projects & Planned Giving PHONE NUMBER (619) 283-4663 x 305 E-MAIL ADDRESS KarenysCa sdhfh.orq SITE ADDRESS 1441 Harding Avenue ACTIVM NAME HOME FUNDING WILL PROVIDE NUMBER TO BE ASSISTED BY THE ACTIVITY HOME FUNDING - ' REQUESTED Harding Street Single Family Homes 3 Housing Units $272,119 GENERAL ACTIVITY/PROJECT DESCRIPTION This agency is requesting additional HOME funds to complete the construction of one (1), 3- Bedroom, 1.75-Bath and two (2) 4-bedroom, 2-bath, single-family units that will be made available for purchase to families earning no more that 60% of the area median income. The proposed completion date is October 2009. Objective Number Project ID H2008-2 Funding Sources HUD Matrix Code 12 HOME Citation 570.201(m) CDBG $0 ESG 0 Type of Recipient Government HOME National Objective HOME $272 119 HOPWA $0 Start Date 7/1/2008 Completion Date 6/30/2009 Total Formula $0 Prior Year Funds $361,908 Performance Indicator Housing Units Annual Units 8 Units Assisted Housing $0 PHA $0 Local ID Tab # 2-H Units Upon Completion 8 Units Other Funding 0 Total 634 027 TYPE OF REQUEST ELIGIBLE SOURCES OF FUNDING HOME Grant Administration Request CHDO Affordable Housing Development HOME Funds Affordable Housing Development The primary purpose of the project is to help: Homeless: Persons with HIV/AIDS: Persons with Disabilities: Objective Category �uitable Living Environment: YES Outcome Category Availability/Accessibility: YES Public Housing Needs: Decent Housing: YES (Economic Opportunity: Affordability: YES Sustainability: Other Comments: HOME Funds Currently Invested into the Project $ 361,908 - City purchased the site in 2003 w/HOME funds $ 272,119 - If recommended/approved for HOME funding for FY 08-09 $ 634,027 - Total HOME investment for this project (or $211,342 HOME subsidy per unit) J ATTACHMENT 2 Zhc San Diego SignOng!rri IGg:;.com etll�xce. 1inion•cZribune. iacanews sdmarketplace P.O. Box 120191, San Diego, CA 921 12 0191 PUBLIC NOTICE City of Notional City Housing and Grants Division AFFIDAVIT OF PUBLICATION Consolidated Plan 200S-2010 Annual 2008-7009 Action Plan Amendment M1 PUBLIC HEARING FOR AN I AMENDMENT TO THE FISCAL YEAR (FY) 2008-2009 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)AND HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAM ANNUAL ACTION PLAN (AAP) Written comments ac- cepted through 6 p.m. October 7, 2008. Comments accepted in person during City of No- tional City Public Hear- t ing, October 7, 2008. City Council Chambers, 1243 National City Boole- yard, National City, CA. -rho City of National City is proposing an amendment to I)e 2008- 2009 Annual Action Plan, which ollocotes uses and programs osso- cinled with the Commun- ity Development Block Grant (CDBG) and HOME Investment Partnerships Program (HOME), federal Hous- ing and Urban Develop- ment (FEUD) Programs. All funding commit- ments are pending com- pletion of on Environ- mental Revjeyy per 24 CFR Part 58. Affordable Home- ownership, Habitat for Humanity: This amend- ment Proposes award- ing 5277,119 associated with Housing activity in the 2008-2009 Action Plan to Habitat for Hu- manity for Affordable, Housing Activities. Habi- tat has successfully op- erated this program, which uses federal HOME funds to build af- fordable housing for homeownership. This - project will generate match for the municipal- ity's HOME program though Volunteer labor and donated professio- nal services. The activi- ty meets a notional ob• iective of ultimately pro- viding housing for low and moderate -income Persons (2-1CFR570. 208(003)). Affordable Housing, CA - SA Familiar, Incorpo- rated: This amendment . proposes rewording S927,881 associated with Housing activity in the 2008-2009 Action Plan to CASA Familiar, Incorpo- rated for Affordable Housing Activities. CA - SA has successfully ac- quired two properties utilizing a bridge loan from local Redevelop- ment Low Moderate Housing Funds. HOME funds will be used to par- tiuny pay back a bridge loon utilizing Redevelop- ment Low Moderate Housing F unds. This project will generate over 51,300,000 in leveraged funds from other sources. The ac- tivity meets a national objective of ultimately providing housing for low and moderote- ncome persons (24CFR570. 208(0)(3)). HUD Section 108 Loon Poyment: This amend- ment purposes to pay down o Section 108 HUD loon utilized for the con- struction of a fire sta- tion. The fire station loan pay down would al- low future CDBG entitle- ment funds to be used for other eligible activi • ties in the City o1 Notion- al City. The approxi- mate amount of CDBG funds to be used for re- payment of the Section 108 loon is 51,759,500. Public Services: This amendment proposes 1n I)BA: OFFICE OF "I'I IE CITY CLERK CITY OF NATIONAL. CIYT 1243 NATIONAL CITY BI.VI) ATTN: ES'FIIER CLEMENTE NATIONAL CITY, CA 91950 STATE OF CALIFORNIA) ss. County of San Diego; The Undersigned, declares under penalty of perjury under the laws of the State of California: That she is a resident of the County of San Diego. That she is and at all times herein mentioned was a citizen of the United States, over the age of twenty-one years, and that she is not a party to, nor interested in the above entitled matter; that she is Chief Clerk for the publisher of The San Diego Union -Tribune, a newspaper of general circulation , printed and published daily in the City of San Diego, County of San Diego, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all the times herein mentioned had and still has a bona tide subscription list of paving subscribers, and which newspaper has been established, printed and published at regular intervals in the said City of San Diego, County of San Diego, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to, and which newspaper is not devoted to nor published for the interests, entertainment or instruction of a particular class, profession, trade, calling, race, or denomination, or any number of same; that the notice of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following date, to -wit SI'.P 1 EMBER 61", 200 i( 7efL'Ic&Il4 Qx�PJ`� OF PUB</ q,'O yfC'()PLFY PROS\ Affidavit of Publication of Classified Legal Advertisement Ad )t 0010110749 Ordered by: I?STIIER CI.EMENTE SignOn ,;zi.:: •:.com ....� ,�...►..�,.� yet on Otte San Diego enlace. `llnion-Cribune. ioc P.O. Box 120191, San Diego, CA 921 12 0191 AFFIDAVIT OF PUBLICATION [)RA: OFFICE. OF THE CITY CLERK ('I FY OF NATIONAL CIYT 1243 NATIONAL CITY BLVD ATTN: ESTHER CLEMENTE NATIONAL. CITY, CA 91950 STATE OF CALIFORNIA) ss. Count of San Diego} The Undersigned, declares under penalty of perjury under the laws of the State of California: That she is a resident of the County of San Diego. That she isand at all times herein mentioned was a citizen of the United States, over the age of twenty-one years, and that she is not a party to, nor interested in the above entitled matter; that she is Chief Clerk for the publisher of The San Diego Union -Tribune, a newspaper of general circulation , printed and published daily in the City of San Diego, County of San Diego, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all the times herein mentioned had and still has a Kona fide subscription list of paying subscribers, and which newspaper has been established, primed and published at regular intervals in the said City of San Diego, County of San Diego, for a period exceeding one year next preceding the date of publication of the notice hereinafter reterred to, and which newspaper is not devoted to nor published for the interests, entertainment or instruction of a particular class, profession, trade, calling, race, or denomination, or any number of same; that the notice of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following date. to -wit SEPTI:MUR bl" 2008 th4- ('hrk Jlr 1h4'1 ublisher Of Pt8(i F\\� CST/ TS` •, �. C()PFY PRF>S\� ( Affidavit of Publication of Classified Legal Advertisement Ad # 00101 10749 Ordered by: ESTFIER CI.EMENTE i Public Services: This amendment proposes to set -aside S310,500 of CDBG funds for public service activities. Pub- lic services are descri- bed as imbrovmg com- munity services and fa- cilities, -including but not limited to those con- cerned with employ- ment, fair housing and homeownership, home- lessness, crime ereven-. tian, child care, health, drug abuse, education or recreational needs. A competitive competition will be implemented for the public service funds beginning on or about September 8, 2008. The amount of Program Income available for each program Is as fol- lows: • Community Develop- ment Block Grant - S2,070,000 • Home Investment Partnership Program • S1,200,000 Interested persons- and community groups ore invited to attend this hearing. All public hear- ings will be held at the City of National City, City Hall Council Cham- ber, located at 1243 Na- tional City Boulevard, National City. CA 91950. For more information regarding this process, please call Me Housing and Grants Division at (619) 336-4279. Hearing impaired persons please use the CAL Relay Serv- ice Number 711. City facilities ore wheel- chair accessible. Please contact the City Clerk's Office of (619) 336-4228 to request a disability -related modi- Iicotion or accommoda- tion. Notification 24- hours prior id the meet- ing will enable the City to make reasonable ar- rangements to ensure accessibility to this meeting: Asistencia En Espanol: paro que le interpreten la soticitud en esponol, (lame al (619) 336-4563. Chris Zopato, . ('1l, Manncer, City of National City, California COUNCIL AGENDA STATEMENT 23 MEETING DATE October 7, 2008 AGENDA ITEM NO. ITEM TITLE PUBLIC HEARING — FISCAL YEAR 2008-2009 SUPPLEMENTAL FUNDING CYCLE FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM - APPLICANT PRESENTATIONS FOR PUBLIC SERVICES The purpose of Public Hearing #2 to hear presentations from agencies that have submitted applications for Community Development Block Grant (CDBG) Program funding of $310,500. PREPARED B Alfredo Ybarr (Ext. 4379) DEPARTMENT Community Development, Housing and Grants EXPLANATION On September 2, 2008, Council was notified that $2,070,000 in CDBG program income was available to be allocated to eligible projects and activities. Upon completion of the September 2, 2008 public hearing, Council directed staff to set - aside 15% or $310,500 for eligible public service activities. On September 8, 2008, staff notified potential applicants of the funding available for public service through a public notice and, secondly, through an email to all applicants that had applied for funding during the past two years. The purpose of Public Hearing #2 is to provide the CDBG Program applicants with an opportunity to present their application requests to the City Council. Each applicant will be provided three (3) minutes for their presentation; then Council will be given an opportunity to ask questions of the applicant. Upon conclusions of these presentations, the public will also be provided an opportunity for comments. Environmental Review NI N/A Financial Statement Approved By: Finance Director The estimated amount of Community Development Block Grant funding available for FY 2008-2009 Supplemental Allocation for public services is $310,500. Account No. STAFF RECOMMENDATION Conduct public hearing. BOARD / COMMISSION RECOMMENDATION Not applicable to this report. ATTACHMENTS ( Listed Below) Resolution No. Attachment 1: Notice of Public Hearings Attachment 2: List of Applicants A-200 (9/99) ATTACHMENT I �..... ...,�.,... get on it the .§an Diego linion-ZrAsibune. P.O lox 1?0191. Son Diego. CA 97112 0191 AFH DAVII- 01 ('UBLICAT ION DBA: OFFICE OF THE CITY CLERK CITY OF NATIONAL, (CITY ATTN: PAM COLEMAN 1243 NATIONAL CITY BLVI) NATIONAL CITY, CA 91950 STA7 E OF CALIFORNIA) ss County of San Diego) The Undersigned, declares under penalty of perjury under the laws of the State of California: That she is a resident of the County of San Diego. That she is and at all times herein mentioned was a citizen of the United States, over the age of twenty-one years, and that she IS not a party to, nor interested in the above entitled matter; that she is Chief Clerk for the publisher of The San Diego Union -Tribune a newspaper of general circulation , printed and published daily in the City of San Diego, County of San Diego, and which newspaper is published for the dissemination of local news and intelligence of a general character, and which newspaper at all the times herein mentioned had and still has a bona fide subscription list of paying. subscribers, and which newspaper has been established, printed and published at regular intervals in the said City of San Diego, County of San Diego, for a period exceeding one year next preceding the date of publication of the notice hereinafter referred to, and which newspaper is not devoted to nor published for the interests, entertainment or instruction of a parliculac class, profession, trade, calling, race, or denomination, or any number of same; that the notice of which the annexed is a printed copy, has hcen published in each regular and entire issue of said newspaper and not in any supplement thereof on the following date, to -wit AUGUST 18, 2008 Chief Clerk for the Publishe \-C Of Ptl/j/l Ex�b (�Ti Q.� ,1 Lid/ rryf Cot'l FY pttESS Affidavit of Publication of Legal Classified Advertisement Add 0010098571 Ordered by: MIKE DALJ..A news scimpliketplace NOTICE OF I'UE1.K HEARINGS CITY OF NATIONAL CITY ("afiilb 1 (cci Peg PLAN o'A 1'1 (frsoli htIis f..1r.tt( sloes, (ounl d` on.) It er'tros'r" ny arse c •,nn„ntt.- Dt- veltp,nenf Cor+„dtlee (IK tX ) .111 h.Jd l..o 12) Public Hear In9s PUBLIC HEARING sl 7c-s0.4, `--epirn;La j, 7002014.00 prn The purn,st s o st- yle', common ily need', discuss eligible toots for CDB47, Pro3ro,In. corn and I4,1Y,E Pro-- grors's iniptixo sjbllc e, o. n,crrIcit•sl and Ins rl rr9-,rdln99 the proposed vse-s fo, Il,r— f,md,. After consld-ro- 1bn of the rwbll{{ copp rnenls CV<er+e4 INC Count II and RC GC l ll discuss their funding rc<msmendotson, for 1h CDbr and HQ'/,E Progran Incan< PUBLIC HEAPING a2 - iuesaay O(tobor 7, acq at4:40prn. toe Ipbf to �� vtrpublic ll< a nnsenls received donna the 37. Dayth�Con,rnt,,,dPrrlod IP< t OtrG nd-� r'+ 4, Pr•9ran Incase: and fo prw ldc Infe,-sled Per ftnv and con,rnunl- to14,9 rlu r�fO llh nor loot their lhntod,l, rrd- In9 t1.e t'rvmstdull«a. lions for the (DBC and ff ON.0 1'rvgrum Im COnle After consldero. fan of all c onmenh tr. cel+ed and upon do - sum of the pvbllc hear. Inag 11 a (oun.11 v,1 I II f1- nolt:e the o,nmon-.nl pros.-x f• F Y 00-09 AAP. The eslilnated mount 0Pro9rvin n(arfe orailvble for each pre - gram is es 'ohms. rtrCro1emJ,(mugnniytyy Develop. 12.Aut liomc �nvt,1: mint PorinershIp Pre- 9rom E1,200.000 Infer -sled 'ersa,s and tons twilitvsn)ups a,C Invl/td too fend the -se htonn',s. All poblle h„ctol1n99sy w1y11` be <ot held of pit), City flollNCovncll Chon,ber, totaled of 12C• National (11y Bon- k-vortl Notional City, CCA 91 S0 For rnvr In. for,not Ion regardlr, thisprocess.. pleost colt the Ho,,Ino rind Gr ash Dfvlslo., a1 (619) 336- 4279. Healing Impolrcd ptrtars: nleost use the CAL fk.Io,• xrvtce N urnbtr 711 C11,' fo- little: we v.hc-elc ouev,4t/e. Please contort H,< City Clerk's Office al r41o1 336-02V to r-aunt a I:c lll0.r-bled .rtn�ood1f. k triton ar <x <ran,rrrlo. flan tint if sin 24. hours pp, br to the ineel• Inc) ..ill enable the Cif,. to rrx,f,< rr(a.r noble o,- ronrrneTl. lo cMw< orceset illty b lfils roe el lnq •,clstend En Espanol Dora oar le Inlc,pr-fen lo •sc.lknnud <rr.-onol Marne ol(619) S`e4543 C hr Is loo.ofo FY 2008-2009 CDBG SUPPLEMENTAL FUNDING CYCLE 1 APPLICANT/ ACTIVITY NAME 1 PURPOSE OF ACTIVITY CDBG FUNDING WILL PROVIDE NUMBER TO BE ASSISTED BY THE ACTIVITY AMOUNT REQUESTED 1 South Bay Community Services/Domestic Violence Res onse Team To minimize the trauma experienced by victims of domestic violence Funds for operating costs for the program, including personnel and program costs. Estimated completion date: not given 104 households $50,000 2 Integrity Charter School!ICS Technology Enhancement To enhance the education environment for students. Funds for the purchase of a mobile computer lab, including software that will enable all students to have access to the Internet and expose them to technology. Estimated completion date: April 2009 101 low income students $40,000 3 Christmas in July/Home Repair Program To rehabilitate homes and improve living conditions Funds for operating costs for the program, including personnel and program costs. Estimated date of completion: Estimated date of completion: June 2009 60 low income persons/8 households $110,000 4 National City Lions Club"National City Youth Programs Enhancement To enhance equipment for youth programs Funds for the purchase of durable equipment and administrative costs. Estimated date of completion: June 2009 2,000 youth $60,000 5 Operation Samahan, Inc/Women and Dental Clinic To provide funds to complete new clinic that will serve low-income women for prenatal care and breast health programs Funds will be used for the purchase of dental equipment for Samahan's new Women/Dental facility. Estimated date of completion: February 2009 3,000 persons $50,000 6 San Diego Community Housing Corporation/Park Villa Apartments — Safety and Security To enhance security at the Park Villa Apartments Funds will be used to purchase of a high- technology security system including 3-4 surveillance cameras. Estimated date of completion: April 2009 750 persons/268 households $79,200 7 Community Youth Athletic Center/Champs 4 Life Delinquency Prevention Program To provide diversions for primarily high risk youth away from destructive lifestyle and behavior. Funds will be used to purchase boxing and fitness equipment, educational material, trainers, administrative office and personnel support, and resource development Estimated date of Completion: April 2009 220 youth $87,480 8 Boys and Girls Club/Day Camp Program To provide opportunities for youth during school vacation times (April 6 — April 17) at the Boy and Girls Club Funds will provide day camp personnel, supplies, camp fees, memberships, and field trips for youth during Spring break. Estimated date of completion: April 2009 75 youth $30,033 APPLICANT/ ACTIVITY NAME PURPOSE OF ACTIVITY CDBG FUNDING WILL PROVIDE NUMBER TO BE ASSISTED BY THE ACTIVITY AMOUh REQUESTED 9 Council of Philippine American Organizations of San Diego County/Earned Income Tax Assistance, Volunteer Income Tax Assistance and Tax Counseling for the Elderly To provide service to residents with their tax obligations during the 2009 tax season. Funds will be used to pay for administrative support, operating stipends, mileage, and food allowances. Estimated date of completion: Apiii 2009 1,000 households $25,000 10 National City Pop Warner Football and Cheer/National City Pop Warner To provide youth with the opportunity to participate in an organized football program. Funds will be used to purchase equipment including cheer pads, tackling equipment, helmets, and body pads. Estimated date of completion: April 2009 450 youth $50,000 11 Metropolitan Area Advisory Committee/ Family Asset Building Program To provide families with information, opportunities to develop skills, and access to resources to become economically self-sufficient. Funds for operating costs for the program, including personnel and program costs. Estimated date of completion: February 2010 150 persons $50,000 12 Fair Housing Council of San Diego/Fair Housing & Landlord Education Services To eliminate unlawful housing discrimination Funds will be used for secondary services to support tenant -landlord education, including personnel and program costs, and a satellite office in National City. In addition, the City will sponsor, the Conference luncheon, for the Housing Foreclosure Clinic to be presented by the San Diego Housing Opportunities. Estimated date of completion: June 2009 300-500 persons $22,181 TOTAL REQUESTED $653,894 City of National City, California COUNCIL AGENDA STATEMENT IEETING DATE: October 7, 2008 AGENDA ITEM NO. 24 (EM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY OPPOSING PROPOSITION B ON THE NOVEMBER 4, 2008 BALLOT TO REDEVELOP THE TENTH AVENUE MARINE TERMINAL PREPARED BY Council Initiated DEPARTMENT City Council EXPLANATION (619) 336-4235 See attached. L Environmental Review ✓ N/A Financial Statement N/A Account No. N/A STAFF RECOMMENDATION Adopt Resolution BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Proposed Resolution A-200 (9/80) Attachment: Resolution of the City Council Opposing Proposition B on the November 4, 2008 Ballot to Redevelop the Tenth Avenue Marine Terminal The Port of San Diego's two marine terminals, located at Twenty-fourth Street in National City and at Tenth Avenue in San Diego, provide the San Diego region a vital Zink to the global economy, and good -paying, local and regional jobs. National City has embraced a policy that includes revenue generation and quality of life improvements on the bay front resulting in a win for the Port, a win for the San Diego region, and a win for National City residents. National City has developed partnerships to protect maritime business and trade, support the working waterfront and enhance the environmental compliance. The passage of Proposition B would ruin the economic viability of the waterfront and create a Toss of over $1.8 Billion in annual revenue as reported by the San Diego Institute for Public Research, as well as result in a significant loss of jobs throughout the five cities within the Port of San Diego. The attached resolution opposes Proposition B due to the threats it creates to the regional and global economy, national safety, and jobs for our residents. RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY OPPOSING PROPOSITION B ON THE NOVEMBER 4, 2008 BALLOT TO REDEVELOP THE TENTH AVENUE MARINE TERMINAL WHEREAS, the Port of San Diego's two marine terminals, located at Twenty- fourth Street in National City and at Tenth Avenue in San Diego, provide the San Diego region a vital link to the global economy, and good -paying local and regional jobs; and WHEREAS, National City has embraced a policy that includes revenue generation and quality of life improvements on the bay front resulting in a win for the Port, a win for the San Diego region, and a win for National City residents; and WHEREAS, National City has developed partnerships to protect maritime business and trade, support the working waterfront, and enhance the environmental compliance; and WHEREAS, Proposition B, which will appear on the November 4, 2008 ballot would, if approved by the voters, allow redevelopers to cover the Tenth Avenue Marine Terminal with a 100-acre concrete slab deck, high-rise hotels, and a football stadium; and WHEREAS, the passage of Proposition B would ruin the economic viability of the waterfront and create a loss of over $1.8 Billion in annual revenue as reported by the San Diego Institute for Policy Research; and WHEREAS, the passage of Proposition B would result in a significant loss of jobs throughout the five cities within the Port of San Diego; and WHEREAS, the United States Navy has named the Tenth Avenue Marine Terminal as one of nine "Strategic Port Facilities"; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby opposes Proposition B on the November 4, 2008 ballot to redevelop the Tenth Avenue Marine Terminal, due to the threats it creates to the regional and global economy, national safety, and jobs for our residents. No public funds shall be used in the campaign or against Proposition B pursuant to State law. PASSED and ADOPTED this 7th day of October, 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 CITY COUNCIL AGENDA STATEMENT First Reading MEETING DATE October 7, 2008 AGENDA ITEM NO. 25 ITEM TITLE ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING CHAPTER 1.08 OF THE NATIONAL CITY MUNICIPAL CODE PERTAINING TO OFFICIAL CITY SEALS, LOGOS, INSIGNIAS, BADGES, AND NAMES (CITY INITIATED) PREPARED BY Jodi L. Doucette, Esq. (Ext. 4412) EXPLANATION DEPARTMENT City Attorney Given the recent creation of an additional City of National City logo and the deletion of the Community Development logo, this section of the National City Municipal Code required an amendment to reflect the changes to our City logos. Environmental Review J N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Proposed Ordinance A-200 (9/99) ORDINANCE NO. 2008 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING CHAPTER 1.08 OF THE NATIONAL CITY MUNICIPAL CODE PERTAINING TO OFFICIAL CITY SEALS, LOGOS, INSIGNIAS, BADGES AND NAMES BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. Title 1.08 of the National City Municipal Code is hereby amended to read as follows: Sections: 1.08.010 1.08.020 1.08.030 1.08.040 1.08.050 1.08.060 1.08.070 1.08.080 1.08.090 1.08.100 Chapter 1.08 OFFICIAL CITY SEALS, LOGOS, INSIGNIAS, BADGES AND NAMES City Seal. City Insignia. City Logo. City Logo. Official City Name Adopted. Official Community Development Commission of the City of National City Name Adopted. Police Department Badge. Fire Department Badge. Fire Department Logo. Violations of Public Usage Without Permission. 1.08.010 City Seal. The following symbol with the inscription thereupon constitutes and is adopted as the official seal of the City. 1.08.020 City Insignia. The following symbol with the inscription thereupon constitutes and is adopted as the official insignia of the City. 1.08.030 City Logo. The following symbol with the inscription thereupon constitutes and is adopted as an official logo of the City. 1.08.040. City Logo. The following symbol with the inscription thereupon constitutes and is adopted as an official logo of the City. 1.08.050 Official City Name Adopted. The official name for the City shall be the "City of National City", and hereby constitutes and is adopted as the official name for the City. The name "National City" shall also constitute a secondary official name for the City. 1.08.060 Official Community Development Commission of the City of National City Name Adopted. The official name for the Community Development Commission of the community shall be "Community Development Commission of the City of National City", and hereby constitutes and is adopted as the official name for the Commission. The name "Community Development Commission" shall also constitute a secondary official name for the Community Development Commission of the community. 2008 Ordinance 2 Logos, Insignias, Names, Badges 1.08.070 Police Department Badge. The following symbol with the inscription thereupon constitutes and is adopted as the official badge of the Police Department of the City. 1.08.080 Fire Department Badge. The following symbol with the inscription thereupon constitutes and is adopted as the official badge of the Fire Department of the City. 1.08.090 Fire Department Logo. The following symbol with the inscription thereupon constitutes and is adopted as the official logo of the Fire Department of the City. 1.08.100 Violations. A. The City seal, insignia, logo, official name, the Community Development Commission official name and. logo, the Police Department badge, and the Fire Department badge and logo are for the exclusive use by the City, the Community Development Commission, and their officials and employees, in the course and scope of their official duties. No other persons may use, adopt, alter, or reproduce the City seal, insignia, logo, official name, the Community Development Commission official name and logo, the Police Department badge, and the Fire Department badge and logo without the express written authorization of the City Manager of the City of National City. 2008 Ordinance 3 Logos, Insignias, Names, Badges B. A violation of any provision of this ordinance or a failure to comply with any mandatory requirements of this ordinance is subject to prosecution in accordance with Title 1 of the National City Municipal Code and may be enforced through criminal, civil, administrative, injunctive or other relief available by law. Criminal penalties for violations of the provisions of this ordinance may result in up to a misdemeanor citation for each day in violation, punishable by a maximum of one year in jail and a $1,000 fine. PASSED and ADOPTED this day of , 2008. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, Ill City Attorney 2008 Ordinance 4 Logos, Insignias, Names, Badges City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 7, 2008 AGENDA ITEM NO. 26 (ITEM TITLE Substantial Conformance Request — Approval of Modified Building Elevations for an -- Approved Tentative Subdivision Map for a 10-unit Condominium Project at 2504 Highland Avenue (Dong Dao Architect for PB Highland, LLC) (Case File No. 2008-32 Sub. Conf.) T PREPARED BY Martin Reeder, 336-4310 EXPLANATION DEPARTMENT Planning In January 2005, the City Council approved a Tentative Subdivision Map and Zone Variance for the division of the subject property. The Tentative Map was subsequently extended for an additional two years to January 17, 2010. The applicant wishes to change the roof style and several building materials relating to the approved building elevations. The following background report describes the request in detail. Environmental Review X N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff recommends that the modified exterior elevations be found in substantial conformance with the approved plans. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Background Report 2. Location Map 3. Previously -approved elevations 4. Proposed elevations Resolution No. A-200 (9/99) I3ACKGROi1ND REPORT The approximately 17,000 square toot project site is located on the west side of the 2500 block of Highland Avenue in the General Commercial (CG) Zone. The flat site is rectangular shaped; it has 115 feet of frontage on Ilighland Avenue and is 145 feet deep. It is currently developed with four rental units that suffer from deferred maintenance. in January 2006, the City Council approved a 'Tentative Subdivision Map and Zone Variance for the division of the property into 11 lots; 10 of the lots for the development of single-family townhomes. The remaining lot will encompass a private driveway (for access to all of the new lots), two surface parking spaces, and over 3,000 square feet of open space. The Zone Variance allows for three-story homes, where only two-story single-family homes would normally he allowed. In addition to the Zone Variance, exceptions from the Subdivision Ordinance were approved to allow the use of a private street, lot sizes of less than 5,000 square feet, and less than 50 feet of street frontage for each lot. This. Tentative Subdivision Map was extended in January, 2008 for an additional two years to January 17, 2010. The original applicant was Cheng Capital. Sometime after the approval in 2006, the property changed hands and is now owned by l'l3 llighland, I,LC who requested the recent extension. The originally -approved building design had significant rooflinc and wall plane variation, and was to be constructed of high quality materials, such as stucco exteriors and metal accent pieces (i.e. awnings, railing, wall panels), and a curved metal roof (see attached previously -approved elevations). The exterior architectural treatments were proposed to present a more commercial look to the street, as Highland is a major commercial corridor in the City. All of the units were, and will he, three -stories including an attached two -car garage, a fireplace, and two private balconies. They would he 35 feet tall. The design is two -tiered with the front portion of the buildings (facing the sides of the property) having two stones and the rear portion (facing a central driveway) with three stories. The metal roof was proposed over the rear portion, with the front having a flat roof In an effort to construct a more conventional style of residential building, the owners wish to make some changes to the approved elevations. 'These changes include incorporating a standard pitched tile roof, rather than the curved metal roof previously approved, and some trim and material changes to match the pitched roof Changes would he to the balconies, trim and some windows. Stone veneer would replace the areas at the corner of each building that were previously proposed with siding and flat roof elements over the balconies and some of the windows would be replaced with a tile awning to match the roof. A belt course is also included around the majority of the building in order to add additional variation. The new roof design would have a standard pitched roof over the rear part of the building with a shed roof (a roof with a single slope) over the front portion. The shed roof would have a dormer in the center of each unit (sec attached proposed elevations). All of the roof elements would he roofed with tile. The design continues to meet Design Guidelines with regard to roofline and wall plane variation, and high quality construction materials (stucco, stone veneer). Additionally, the building design will more closely resemble other residential development in the area. 1 PROJECT LOCATION LOCATION MAP 2008-32 Sub. Conf. Substantial Conformance Request for Approval of Modified Building Elevations for an Approved 10-unit condominium project at 2504 Highland Avenue NATIONAL CITY PLANNING DRN. DATE: 9/23/08 HEARING: 10/7/08 A.Mr, MIL 9,11,0,12:: DETAIL I roanO OW au elf. Y.,rct ON: eiret Yet SECTION 1 Seca .0..rt 01,..4 •• mo:01,9 r-, MIA" LOON 4,00 ••••• r 40,..11•0 •0 ATM. DETAIL 2 I / 4Yr MOS In • • 1:91,491 ,011 •co noon, idrh. ook01 ANA." via .2) Ci..r.• RAN ••••11s onersoo or 1.0.0•••• 0:00.011 9091.000, ao wail OKL +09:01. LOCAND IC A IMMO S. .1 MO IP FM.17 S 0111131# *MC ...111.1. 2.•012 MOW PC'. ALL :POCILONI IIMAIA. flIMIIM ‘13 /164.1. 91, ..woe y.91 0 ZOO. 0:0119 Caromn. 110.0.0.0 OWL :Or 1.00 Crilow :I•elm• 0, of opt. :Jar, ot 1/1910: .00 or A11190.030.11 4. loom emu= a • MOM Illrlaaf, t.04 fl errenrent ken mo. 000000911 Ma. 90 epos maw 13.11/tYln MS 9:2•004100 9193.:09,. n 100. /90 — c.91101919 Rilt 940 00:, 0.1=71., 41.1111 0111=111. nCM AM — 0:109.9110. 2,11011.5t_001SQL. .0,101 I 1..'1 pi , MMOOAld .7-77,Z • f•• - • - ... ELEVATIONS •I'DE ELtv•TIO:, MIL woo :••• masa. FRONT ELF v AT: ON *CM. ••!' •••••.. • 00•0 0/11 0 1••••0 0•00 S ammo oft o :444, :") , - say. vs 11.. maw sp Ann.. I L7_!; • .. 7—r= %sm.. ..... . • V- 0reg. • "‘":-`,',..2..7% • •Th A I , 3 0 in DECORATIVE W.I GUARDRAIL 1 TILE ROOF SLOPE »:12 \ I IO\AI. (-Ill \\I\(. I)FPI. ['AIMS!r LA's!. 1.11.1•: \O.:UnY-32 \nll. (onf. 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'.-&--- 7.--;,. s,v...1-91--.1); • w. .T.:,,r.'''' 4 .1s• .:," • - '..." ...."; ‘17110)„,3tb,'•.`,4 ‘'.1 ,N,,,.,F.,., ,..7.;,,,,,...,',,..,,,"...,;,', ".• . .,a". ..„.: - . ...,....... ... . , .. . . i -4,,, ,,,,,y„ 0 • w, caw , .d., , I , r• - - - ,%.„ .1. .4,;4,71.-( 4.=. ..^.Nt • . • ...• ...e .,- - 4 ' . 17.4 •-•,,, •`'.': , - 7 . , .. . . , • ' , . . , . -,-; . ..,; ,. . !i• .'.-;i:: I .'...•,;:o 0 `• . STONE VENEER STUCCO SIDES ELEVATION City of National City, California COUNCIL AGENDA STATEMENT 27 MEETING DATE October 7. 2008 AGENDA ITEM NO. ITEM TITLE Notice of Decision — Planning Commission Approval of a Conditional Use Permit for the Construction of a Food Mart with Accessory Beer and Wine Sales at an Existing Gas Station at 1601 East 8th Street (Applicant: Three Wives. Inc.) (Case File 2008-1 1 CUP) 414- PREPARED BY Martin Reeder. 336-4310 DEPARTMENT Planning EXPLANATION The 23.087 square -foot property is located on the northeast corner of East 8th Street and Palm Avenue. in the General Commercial (CG) zone. The lot is developed with a Shell gas station, which includes a small cashier kiosk, a car wash and an office. The station currently operates 24 hours a day. The applicant proposes renovations to the gas station property. including the addition of a 1,030 square -foot food mart. The applicant originally requested to sell beer and wine from 6 a.m. and I a.m. seven days a week. The alcohol would be stored in coolers located along the back wall of the food mart. making up about 8% of the overall sales area. Other site improvements, include an upgrade of the carwash facade and canopy columns to match the new food mart, are proposed, as well landscaping. trash enclosure and perimeter fencing improvements. An existing driveway is to be removed to facilitate an additional four parking spaces. No significant traffic or circulation issues have been noted and all required parking would be provided. The Department of Alcoholic Beverage Control does not consider the area to be over -saturated with regard to alcohol sales outlets. Planning Commission held a hearing on September 15, 2008 and asked questions regarding hours of alcohol sales, business practices and Conditions of Approval. Based on discussions with the Police Department, the hours were conditioned from 8 a.m. to midnight, seven days a week. and a condition added regarding Business and Professions Code compliance. The Commission voted to approve the CUP based on attached findings and subject to Conditions of Approval as modified. Environmental Review x N/A Exempt Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Aq 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, Pruitt, Reynolds, Flores Nays: Baca, DeLaPaz ATTACHMENTS ( Listed Below I. Planning Commission Resolution No. 30-2008 2. Location Map Resolution No. 3. Site Photos 4. Reduced site plan, elevations, details A-200 (9/99) RESOLUTION NO. 30-2008 A RESOLUTION OF THE PLANNING COMMISSION OF "THE C'fl'Y OF NATIONAL CITY, CAI,IFORNIA, APPROVING A CONDITIONAL USE PERMTI' FOR T1IE CONSTRUCTION OF A FOOD MART WFFII ACCESSORY BEER AN[) WINE SALES AT AN EXISTING GAS STATION AT 1601 EAST 8r" STREET APPLICANT: THREE WIVES, INC. CASE FILE NO. 2008-11 CUP WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for the construction of a toad mart with accessory beer and wine sales at an existing gas station at 1601 East 8'h Street (APN: 557-1 12-10) at a duly advertised public hearing held on September 15, 2008, at which time oral and documentary evidence was presented; and, WIIEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. 2008-11 (.'UP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, 13N IT RFSOI.VFI) by the Planning Commission of the City of National ('ity, Calitornia, that the testimony and evidence presented to the Planning ('onunission at the public hearing held on September 15, 2008, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the addition of a 1,03() square -foot food mart is on an existing developed service station site that would continue to maintain adequate parking and circulation areas and that the sales area for beer and wine will he no more than 8 percent, or 60 square feet, of the available sales area of the proposed tood mart. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the addition of a food -mart with accessory alcohol sales is not expected to result in an appreciable increase in traffic. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the gas station is located in a developed commercial area, easily accessed by an adjacent arterial street. Also, conditions of approval controlling the sale of beer and wine will reduce any potential for adverse effects. 1 That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will contribute to the viability of the service station, an established and allowed use in the applicable commercial zone. 5. That public convenience and necessity may be served by the proposed use of the property for the retail sales of alcoholic beverages pursuant to law. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: This Conditional Use Permit authorizes the construction of a 1,030 square -foot food mart and for the sale of beer and wine for off -site consumption at the Shell Service Station at 1601 East 8th Street. Except as required by Conditions of Approval, all plans submitted for permits associated with the project shall conform with Exhibit A -Revised, case file no. 2008-11 CUP, dated 5/15/2008. 2. A detailed landscape and underground irrigation plan, including plant species, methods of planting, etc. shall be submitted for review and approval by the Planning Director prior to issuance of a building permit. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. 3. Building plans shall show details for hardscape on site, including parking lot striping; details for proposed vinyl fencing; removal of the existing payphone enclosure and screening for the vapor recovery system located on the east side of the lot. 4. A new door and cover shall be provided for the existing trash enclosure. The finish of the trash enclosure shall be painted to match other buildings on site. 5. Plans must comply with the 2007 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, California Fire Code and California Title 24 energy and handicapped regulations. 6. Any proposed rooftop mechanical equipment shall be screened in compliance with the Land Use Code Chapter 18.86 and corresponding Design Guidelines. 7. PerYnittee shall comply with all regulatory provisions of the Business and Professions Code, section 25600 through 25667, currently in effect or as may be amended, regarding sales, displays and marketing or merchandising of alcoholic beverages. 8. The sale of alcoholic beverages shall be permitted only between the hours of 8:00 a.m. and 12:00 a.m. 9. All persons who will be selling alcoholic beverages shall receive L.E.A.D. (Licensee Education on Alcohol and Drugs) training in Responsible Beverage Service from the State Department of Alcoholic Beverage Control or Responsible Hospitality Coalition. 10. The sale of beer or malt beverages in quantities of quarts, 22 ounce, 32 ounce, 40 ounce, or similar size containers is prohibited. 11. No beer and malt beverage products shall be sold of less than six-pack quantities per sale. There shall be no sale of single cans or bottles. 2 12. No sale of wine or distilled spirits shall be sold in containers of less than 750 milliliters, except for wine coolers. Wine coolers may he sold only by tour -pack or other manufacturer's pre- packaged multi -unit quantities. 13. The sale of wine with an alcoholic content greater than 15% by volume is prohihitcxl. 14. "i'he building plans shall indicate the placement of signs on each exterior building wall of the licensed premises that faces a vehicle parking lot, in compliance with Chapter 10.30.070 of the National City Municipal Code that reads: "WARNING it is unlawful to drink an alcoholic beverage or to losses an open alcoholic beverage container in public or in a public parking lot. NCMC 10.30.050 and 10.30.060." The signs shall he installed prior to certificate of occupancy for the addition. 15. Signs shall be posted at each entrance to the applicant's premises prohibiting loitering on or in front of the premises. The signs shall he installed prior to certificate of occupancy for the addition. 16. The consumption of alcoholic beverages is prohibited on the subject premises, and on all parking lots and outbuildings and any property or adjacent property under the control of the applicant. 17. All cups and containers shall he sold at or above prevailing prices and in their original multi - container packages of no fewer than 12, and no cups and containers shall be given lree of charge. 18. Ice may be sold only at or about prevailing prices in the area and in quantities of not less than three pounds per sale. ice shall not he provided free of charge. 19. The rear door(s) of the premises shall he kept closed at all times during the operation of the business except in case of deliveries or emergencies. 20. Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 21. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of all other commodities during the same period. The applicant shall at all times keep records which reflect separately the gross sales of alcoholic beverages and the gross sales of all other items. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the (.'ity Finance Department and any Peace Officer of the California Department of Alcoholic Beverage Control upon demand. 22. No coin operated amusement devices shall he operated on the licensed premises. 23. Locks shall he installed on all cooler doors and publicly accessible storage areas where alcohol is displayed for sale. All such areas shall be kept locked excepting during approved alcohol sales hours. 24. The maximum display area allowed for the sale of alcohol is 60 square feet and shall be located only within the walk-in cooler as shown on Exhibit A -Revised, case file no. 2008-11 ('UP, dated 5/ 1.5/2008. 3 25. Within four (4) days of approval, pursuant to Fish and Game Code 71 1.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing tees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 26. 'Phis perrnit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 27. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 28. Befbre this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to 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 Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall he approved as to form by the City Attorney and signal by the Planning Director prior to recordation. 29. Permittee shall comply with all regulatory provisions of the Business and Professions Code, Section 2379Q.5 (d) (1) through (6), and Section 25612.5 - Retail Operating Standards. Any violation of the aforementioned Code Sections constitutes a violation of the Conditional tlse Permit. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE 1I' 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. 4 CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of September 15, 2008, by the following vote: AYES: NAYS: ABSENT: AI3STAIN: Alvarado, Farias, Pruitt, Reynolds, Flores 1)e1.aPaz, Baca 5 LT% 62A (.3‘ 01 03 -> (9 RS-2 0 co 0 - -04 17-0 6) CL 0 „— — 0 • • • r • • • • • • • • • •.• • • • • 64° RM-1-PD 844 -> 0 643-€)56 \CG-PD ••• • ••• or. RM-2-PD el• ale - • " • 100 0 100 200 Feet PROJECT SITE ZONE BOUNDARY •N - LOCATION MAP 2008-11CUP Conditional Use Permit for a Food Mart with Accessory Alcohol Sales at an Existing Gas Station at 1601 E 8th Street NATIONAL CI6TY PLANNING DRN. DATE: 6/11/08 INITIAL HEARING: 9/15/08 2008_ 1 1 C'UP Food -Mart Construction __ Shell Sere' 1Ce Station ,_ SIIe Photos Proposed Food Mart Location Looking West Driveway to he Removed 8 IMMO reo ,'ri._Z 1l IIMEI o. �1.. 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VMO (21 ; P.♦ iP SLJDE BOLT AND CANE BOLT +TM- (11 , r r , e•-r .w at gm ,r— I PROGRESS PRINT 4/17/08 6 AD t .. z • ,.:, -_ MIMI 001�1LTANE pldl�oN prwll..w® '" cETAl9 tt _ = A rty - `"�- t'.. OM MN _ t .�1114 OW. 01 0111161111 i 0,-„, BONYEV wl�„Cf►alsA4l ;. ARCHITECTS �� a sk �I SU ERO{'/(GIIONI M .I.4fC01/L Er/Ir Q�/ Sse .ap.. Sean aw 03 s*u Q NOIR170 ----., niaisvil 11.vrins100 513311H311Y q- A311MO11 ro":"7.4ourfilv.-a weld Otalterld tLBlN00 AMMO uMS 15 City of National City, California COUNCIL AGENDA STATEMENT VIEETING DATE October 7. 2008 AGENDA ITEM NO. 28 ITEM TITLE Request to Use the Martin Luther King, Jr. Community Center by the Employment Guide for their Job Fair on Tuesday October 28, 2008 with no waiver of fees. PREPARED BY Kaseem Baker Phone: (619) 336-4274 DEPARTMENT Community Services EXPLANATION The Employment Guide is requesting use of the Martin Luther King, Jr. Community Center for their Job Fair on Tuesday October 28, 2008 from 8am to 2pm. Approximately 1000 guests throughout the day will be attending. Cost: Building Use Fee: $ 50.00 Hall Fee: $ 140.70 Custodial: $ 88.00 Total $ 278.70 Cleaning Deposit: $ 100.00 This request is consistent with City Council Policy #803 which governs the use of the center. Environmental Review / NIA Financial Statement Approved By: Finance Director Approving the request for use will result in fees of $278.70 plus $100 in refundable deposits. Account No. STAFF RECOMMENDATION Approve the request for use. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Application for use of the Martin Luther King, Jr. Community Center A-200 (9/99) 1 / mill! 1, r4 r A) 676 P03/10 SEP 11 '00 15:52 City of National City Facility Use Application 140 E. 12th Street, Ste. A National City, CA 91950 (619) 336-4290 Fax (619) 336-4292 After hours dispatch: (619) 336-4411 TO ALL APPLICANTS: It is strongly recommended that an applicant requesting use of a City Facility attend the City Council meeting when the itern is scheduled for consideration In order to answer any questions from the City Council Facility Requested: please circle Martin Luther King 3 : • r Z ' corn I .,outh Room Entire Facility Kimball Senior Center Casa De Salud Date(s) of Use: 10 R--- oR Time of Use: From: Day(s) of Use: T u s c y PM To: AM/0- INCLUDE SET-UP & CLEAN-UP TIME `Type of Function/Activity: _JOS) t-¢ t Y' Is the event open to the public? y eS Name & Address of Organization/Group: The eYnpIQy,meii i de Non-profit organization: yes Anticipated Maximum Attendance:7) /octo fh o pit 'fax ID # 5y (S7 / 91/ 7 k ay Percentage of National City' Residents _ Will Admission be charged? fj)O Amount $ — Will this be a Fund1`Raising Event?- iVe r +4 vt, I-e --a 61 e s (, f to Equipment Requested: /OQ _ # of chairs .o # of barique tables /U O Stage redo Ves. \tes Podium/Microphone Use of Kitchen: Yes __X No Use of Gas for Range and Oven: Yes „x No Is the Use of Alcohol Requested? NO__ Will other paid services be used (i.e., commercialcaterer, ccatrer,,��Di, Band, etc)? X _ YES NO Name: Nof ctVat 1a64_ a� Phone: e - - Name: Phone: '07 r :0( R. ';'Nfl I ! • rl�): r,rb rv144/ 1YI ::.,tr' 11 l'h; 1,). How many times in the last twelve months have you requested to use a City Facility? ____ Q It is expressly understood and agreed that the applicant assumes all risks for loss, damage, liability, Injury, cost or expense that may arise during or be caused In any way by such use or occupancy of the facilities of the City of National City and/or Community Services Department. The applicant further agrees that in consideration of being permitted the use of the facilities agreed to, they will save and hold harmless the said City of National City, its officers, agents, employees and volunteers from any loss, claims, and liability damages, and/or injuries to persons and property that In any way may be caused by applicant's use or occupancy. I, the undersigned, hereby certify to abide by the regulations governing said facility and agree to abide by all City of National City ordinances and facility rules and policies, and be representative of the user organization. Further, I agree to be personally responsible for any damage/loss sustained by the grounds, building, furniture or equipment or unusual clean up occurring through the occupancy of said facilities. Applicant recognizes and understands that use of the City's facility may create a possessory interest subject to property taxation and that Applicant may be subject to the payment of property taxes levied on such interest. Applicant further agrees to pay any and all property taxes, if any assessed during the use of the City's facility pursuant to Sections 107 and 107.6 of the Revenue and Taxation Code against Applicant's possessory interest in the City's facility. I CERTIFY THAT I HAVE RECEIVED A COPY OF THE RULES AND REGULATIONS FOR THE FACILITY REQUESTED, AND I AGREE FOR MY ORGANIZATION/GROUP TO CONFORM TO ALL OF ITS PROVISIONS. DATE COMPLETED: PRINT NAME: SIGNATURE: ADDRESS or APPLICANT: .17 (3 COir plkx. lir. &Lt C CITY, STATE, and ZIP CODE: Scan hi C of C/- 9,212 3 PHONE: DAY g�%n?b$ - EVENING, 7 O- 63/ ./l 0jcle4con4 EMAIL: fu41.cP gig.>!'encl FAX NUMBER: /-5-8'-1/30_5.500 Please type or print dearly with a ballpoint pen. Complete application must be submitted and payment submitted in advance of the event. CONTACT PERSON ON THE DAY OF THE EVENT: TekM V 7 cuid 9 v1A HOME PHONE; (AO) (v --?1I ----') CELL: ( ) Matfy e ws Comm unity Services Staff Only - Rental Amount Received: Receipt Number: Deposit Amount: _ Deposit/Key Returned: Check Key Issued: YES NO 3 UIU 1 CJJ' 1 U .JI_r 11 YIG 1J • JJ CITY OF NATIONAL CITY PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a rninimum of $1,000,000 combined single limit insurance for bodily injury and property damage which include the city, its officials, agents and employees named as additional insured and to sign.the Hold Harmless Agreement. Certificate of Insurance must be attached to this permit. Organization: TAe, G.riplo ymei I 6U/d Person in charge of activity: Tod Dy_e r Address: $'9(F3 COn1pI-ex 12riVe, .S'fe C Telephone: c ). 6& Ob y 6 E-Mail: • rock . cPyerPednp/oyne.1}/ vide. c am City Facilities and/or property requested: M ar-rn i.0 ier Date(s) of use: •©cf r2$9,.cogy HOLD HARMLESS AGREEMENT As a condition of the Issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or damages for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or to the activity taken under the permit by the permitee or Its agents, employees or tractors. Signature of Applicant / 3 : ()Um Official Time Certificate of Insurance Approved by Name and Title 1 Date 7:UOU TN'J FP. 671) P02/10 11 'al 15:54 Safety/ Security Please describe your procedures for crowd control and internal security: • YES X NO Have you hired any Professional Security organization to handle security arrangements for this event? rf YES, please list: Security Organization: •. Security Organization Address: Security Director (Name): 5 Phone: h rh _str 11 08/07/:ave '1'Hu 11: Uh 1.xA 117::1,1 Monitoring Alcohol Consumption Please describe your procedures for rnonitoring alcohol consumption: Organization must designate a person to ensure that alcohol is being served to persons 21 years of age or older. The designated alcohol server must also be 21 years of age or older. Name: Contact phone number the day of event: YES , X NO Have you hired any Professional Security organization to handle security arrangements for this event? if YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: 0 V.1i i 1. .:1 ACORD,r CERTIFICATE OF LIABILITY INSURANCE PRODUCER Marsh USA Inc. Three James Center 1051 East Cary Street, Suite 900 Richmond, VA 23219 Alin: Anna Helms 804-344-8630 400508-GAWP-08-09 INSURED DOMINION ENTERPRISES DOMINION DISTRIBUTION, LLC ENTERPRISE LABELING, LLC DBA DEALER SPECIALTIES UNITED ADVERTISING PUBLICATIONS, INC. 150 GRANBY STREET NORFOLK, VA 23510 COVERAGES DATE (MM!DD/YYYY) 09/11/2008 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 NAIC # INSURER A: Travelers Property Casualty Company Of 25674 INSURER e: Charter Oak Fire Insurance Co. INSURER C. FM Global Group INSURER O. INSURER E: 2 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. _ INS LTR ADD' RIM( TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDOIYY) POLICY EXPIRATION DATE (MWOD/YY) OMITS A X OENERALLIASIUTY- X X GENERAL IX COMMERCIAL GENERAL LIABILITY CLAIMS MADE I X J OCCUR SIR = $25,000' 04/01/08 04/01/09 EAc WOCCUIRR 1.Q00.QQ ''b MMAGE TC REFJTED PREMSEB(E-A occurnnte) 300,000 $ 300,000 MED EXP (Any one person) $ VEND RC ABILITY PERSONAL & ADV INJURY $ 1,000,000 CONTRAGTUAL LIA@1LITY_ AGGREGAIIVIT APPLIES PER POLICY r I JfCT j LOC GENERAL AGGREGATE $ 6,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 A I AIsTOMOBILE X L— LX ^ i X I Xf---- LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS $250,000 DEDUCTIBLE TC2JCAP-178D7214- 08 'SIR - $250,000' 04/01/08 04/01/00 COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Par person) 2.000,000 $ BODILY INJURY (Per accident) $ PROPERTY DAMAOE (Per accident) $ & PHYSI�AJ (DAMAGE GARAGE UAAILITY I ANY AUTO I j l AUTO ONLY . EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY'. AGG $ jj IEXCESSRIMBRELLA 11 LIABILITY I OCCUR pi CLNMB MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE 5 AGGREGATE $ '-- -- -. - -' $ Q B A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY OFFICER/MEMBER EEXCLEE�7�CUTIVE UDD II yye9 gescribe under 9i>EI�.IAL PROVISIONS below TC20JUB-851K7863-08 (AOS) TRJUB-651K784A-08 (AZ, MA, WI, 'SIR = $500,000' 04/01/08 04/01/08 04/01/09 04/01/09 x C STATIY OTH- ITAaY LIL�(T9 Fa a.L-EACH ACCIDENT 1,000,000 E.L. DISEASE • EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 C OTHER PROPERTY ALL RISK SUBJECT TO POLICY EXCLUSIONS LP819 06/01/08 06/01/09 LIMIT 5,000,000 DEDUCTIBLE 50.000 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESIEXCLUBIONS ADDED BY ENDORSEMENVMPECIAL PROVISIONS Re: The Ernptoyment Guide The city of Na tonal City, including Its officials, agents and employees are recognized as an Additional Insured es respect to Job Fair to be held October 28, 2008 CERTIFICATE HOLDER CLE-001873738-01 City of National City Community Services Department 140 East Twelfth Street. Suite B National City, CA 91950 ACORO 25 (2001/08) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POUCIES 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 LEPT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Ao/MbPSTI USA )no SENTATN[ Anna Helms 0 ACORD CORPORATION 1988 676 F'07/10 CEP 11 'FIR 15:54 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the poltcy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. Acord 25 (2001/00) Reverse of Page 1 City of National City, California COUNCIL AGENDA STATEMENT AEETING DATE October 7, 2008 AGENDA ITEM NO. 29 ITEM TITLE Request to Use the Martin Luther King, Jr. Community Center by the National City Chamber of Commerce for their Annual "Salute to the Navy Luncheon" on Wednesday October 8, 2008 Co -Sponsored by the City of National City. PREPARED BY Kaseem Baker Phone: (619) 336-4274 DEPARTMENT Community Services EXPLANATION The National City Chamber of Commerce is requesting use of the Martin Luther King, Jr. Community Center for their 52nd Annual Salute to the Navy Luncheon on Wednesday October 8, 2008 from 9am to 3pm. Approximately 250 military and civilian guests will be attending. Cost: Building Use Fee: $ 50.00 Kitchen: $ 90.00 Hall Fee: $ 791.73 Custodial: $ 198.00 Total $ 1129.73 Cleaning Deposit: $ 100.00 Kitchen Deposit: $ 60.00 This request is consistent with City Council Policy #803 which governs the use of the center. Environmental Review 4 N/A Financial Statement Approved By: Finance Director Approving the request for use will result in fees of $1129.73 plus $160 in refundable deposits. As a City co -sponsored event, up to $1500 in fees are eligible to be waived leaving a balance of $0. Account No. STAFF RECOMMENDATION Approve the request for use. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Application for use of the Martin Luther King, Jr. Community Center A-200 (9/99) The written notification shall include the name and telephone number of the sponsor of the event, the nature of the event, the date and hours of set-up and tear -down for the event, the date and hours of the event, and the name of the sponsor's representative who will he at the park on the day(s) of the event and how that individual may be contacted the need arise. The written notification shall be mailed to the occupants of properties abutting City parks as reflected on maps prepared by the Building & Safety Department. The written notification shall be submitted to the Building & Safety Director for review and approval prior to mailing. The date of mailing of the notification shall be scheduled so that the notification will be received by property occupants no less than 72 hours prior to the start of set-up activities for the event. Failure to provide notification as stated herein may he cause for the revocation of T.U.P. approval for the event, or denial of future T.U.P. applications submitted by the sponsoring organization. Related Policy References Municipal Code Chapter 18.118 Municipal Code Section 6.28 Municipal Code Section 6.52 City of National City Facility Use Application 140 E. 12"h Street, Ste. A National City, CA 91950 (619) 336-4290 Fax (619) 336-4292 After hours dispatch: (619) 336-4411 j TO ALL APPLICANTS: it is strongly recommended thatan requesting use. F il; y apt • ciDp.ICant req�, s� r c a Cis✓ i-cC.:� �,. e;;c the City Ceu',cl meetina when the item is scheduled for consideration in order to ans,;er any questions from the City Council Facility Requested: please circle Martin Luther King Jr., Bui North Room -50 Date(s) of Use: Time of Use: From: '�_ _. AM/PM -l-o: _ -Type of Function/Activity: -'__- Name & Address of Organization/Group: CA" Non-profit organization: Anticipated Maximum Attendance: c no Will Admission be charged? C Amount $ u�'_`-,' Equipment Requested: # of chairs Kimball Senior Center Day(s) of Use: Casa De Salud AN'/PM — INCLUDE SET-UP & CLEAN-UP TIME Is the event open to the public? Tax ID #. Pergertage of National City Residents _ I1 this be a Fund Raising Event? _N� _. # of banquet tables ✓ Stage .Pod:um'Microphone *"PLEAS€ NITI:ACH SEkTi. DIAL IvI Use of Kitchen: / Yes .-- _ _ No Use of Gas or Range and Oven: ✓__Yes ._... No Is the Use of Aicohoi Requested _ r v lll! Ot.!c.` pi: c s r.'ices be USei (i.e., cornrner'cia! catare•' D Cci:c et' U ' ES F hone: i'... P .one: LS. ..I. ,,. r' �•,t, <, i_., _ ,.�.., rest,. t !iG`�,': �..'_i�i'v ..�•'ll�.'S ii�i lilc'. c:..[ �1'ic_.e't_ .�.( i.. .. �c:`.., '!_,_. ..tl. .. �t(. ,O c: i I`i . X ::. _ si•. _i _.. rs��o(and GCrec,d that th. . C.npli�(n: assumes 'l; risks forloss;' I the cost. or . ben:-,,. that may is during(" caused ; n an.; way _ , I , l u �OCCU �anr.: the facilitiesor E: �v ..:i ti a� .il c,; all_;..'. � ?g or be C�.l.., �.� ,f G.�� c'i c:� .�i �11C 1 L:'s� l.'" ,l';� the City o" National City and/or Community Sr': vices l.)npur rn n.t. The a.ppi!(:ant fuithcr adreeis th.t consideration of beirg permitted the _i5 (i th i l:;li:..: -_'. arc: Ci ,hi, they ,.ili saw:u d hold harmless National Cif fic. c e•,' er c ee. s* m ! c sliability Ct�' of L.���, its officers, c:C..iu, employees andvolunteers �r0• anyloss, claims, and liability damages, and/or injuries to persons and property that In any way may be caused by appl.can '.0 use o; occupancy. I, the undersigned„ hereby certify to abide by the raouiations governing said facility and agree to abide by all City of National City ordinances and faciiity rules and policies, and he representative Of thn user organization. Further, I afire` to be personally responsible for any damage; loss sustained by the grounds, building, furniture or equipmerlt or unusual dean up occurring through the occupancy of said facilities. Applicant recognizes and understands that use of the City's facility may create a possessory interest subject to property taxation and that Applicant may be subject to the payment of property taxes levied on such interest. Applicant. further agrees to pay any and all property taxes, if any assessed during the use of the City's facility pursuant to Sections 107 and 107.6 of the Revenue and Taxation Code against Applicant's possessory interest in the City's facility. I CERTIFY THAT I HAVE RECEIVED A COPY OF THE RULES AND REGULATIONS FOR THE FACILITY REQUESTED, AND I AGREE FOR MY ORGANIZATION/GROUP TO CONFORM TO ALL OF ITS PROVISIONS. DATE COMPLETED: PRINT NAME: OV\M 1 5t SIGNATURE: (-- ADDRESS OF APPLICANT: ' ' 'KO • CITY, STATE, and ZIP CODE: f)'dv Q)iki,� PHONE: DAY A ►'VENING V2lt'1 414 - .a3 EMAILA"x= , 4 ll` °A*Na1SER:`1/4C\ 411 ��t CONTACT PERSON ON THE DAY OF THE EVENT: v\ 1t�i t `N4 HOME PHONE: ( 1`` ) .1`A" Q ' CELL: (l.C1V) Please type or print clearly with a ballpoint pen. Complete application must be submitted and payment submitted in advance of the event. Der:t Cornnwnity Services Staff Only • - r .ecei;;t Number: l:epusit1 KeV Rf'C.urn C1: Fe,, issued: Yr.: NO CITY OF NATIONAL CITY PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which include the city, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of Insurance must be attached to this permit. Organization: I'VVOCAv., C1N0A-M9M� Person in charge of activity: VIES lt\ViNNG I '4\ &t t"it`-t \Z Address: -'Pk 00 i-\) t6.5\0I t CAT- aL cif Telephone: ULA , 41-1 • c\3jl\ E-Mail: e.kla 4J:zsi MAICY)(4.i.A City Facilities and/or property requested: Mk-Y. C.4ntai' Date(s) of use: 00:1ST ��'�;� 9_,CCl‘ CPm - HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or damages for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or to the activity taken under the permit by the permitee or its agents, employees or contractors. Signature of Applicant Official Time Certificate of Insurance Approved by Name and Title tvl'�h 31 Date Safety/ Security prc:c,."d Tres for crowd control .'.fi!i internal YES -✓ _ NO Have you hired any Professional Security organization to handle . security arrangements for this event? If YES, please list: Security Organization: ---. - Security Organization Address: Security Director (Name). Phone: Monitoring Alcohol Consumption PIE de5criLe your procedures for monitoring alcohol consumption: tJ0 kff,vscA., Organization must designate a person to ensure that alcohol is being served to persons 21 years of age or older. The designated alcohol server must also be 21 years of age or older. Name: Contact phone number the day of event: YES NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: Public Works Police Department Fire Department Community Services Building and Safety Engineering Risk Management Finance Department Planning Department _Yes No Condit-.ion(s) of Approval Specific Conditions of Approval: _ Date Initial ACORD. CERTIFICATE OF LIABILITY INSURANCE OP ID MR NCCHAM1 DATE (MM/DD/YYYY) 10/08/07 PRODUCER Wateridge Insurance Services 10717 Sorrento Valley Rd. Diego CA 92121 >:__Jne:858-452-2200 Fax:858-452-6004 INSURED National City Chamber of Commerce 901 National City Boulevard National City CA 91950 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. 1 INSURERS AFFORDING COVERAGE IINSURERA Maryland Casualty Company INSURER H • INSURER C INSURER D INSURER E 1 NAIC # COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS • FN DD'L� - - - - - ... —. -. _. _.. - -- - - - - -- - -- - - � - - -- -� - - LTR INSRD TYPE OF INSURANCE POLICY NUMBER ABOVE FOR THE POLICY RESPECT TO WHICH TO ALI. THE TERMS. POLfLYEF��EOTIVE DATE (MMIDDFYY) PERIOD INDICATED THIS CERTIFICATE MAY EXCLUSIONS AND 1,-0-WYEXPIRATf�N DATE IMMIDD/YY) NOTWITHSTANDING BE ISSUED OR CONDITIONS OF SUCH - ---- • - - -- -.-- -- -. . .-- -- - I LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 2 , 00 0 , 00 0 UAF/TAGETOTIENTFU A XCOMMERCIAL PAS38912516 09/22/07 09/22/08 PREMISES (Ea occurence) $2,000,00_0 — ) CLAIMS MADE I. X-I OCCUR MED-EXP (Any one person) - S 10,000 _ 1 1 PERSONAL o ADV INJURY $ 2 , 000 , 000 --. -- -- - ---- _ IIf J -- - -- _ - - I GENERAL AGGREGATE $ 4 , 000 , 000 GEN'L AGGREGATE LIMIT APPLIES PER I PRODUCTS - COMP/OP AGG $ 4,000,000 POLICY I I JECT I ] LOC— AUTOMOBILE LIABILITY " COMBINED SINGLE LIMIT (Ea accident) $ 1 , 000 , 000 A ANY AUTO ALL OWNED AU FOS PAS38912516 09/22/07 , 09/22/08 - - - ,- _ - SCHEDULED AUTOS BODILY INJURY - _ — (Per person) $ X - — HIRED AUTOS BODILY INJURY $ X NON -OWNED AUTOS (Per accident) -- — --- — PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY 1 AUTO ONLY - EA ACCIDENT I $ _ll ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG - — $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ ] OCCUR I -1 CLAIMS MADE AGGREGATE — $ — — Y --- --. — .. _ . -- -- --- — — — -- — — DEDUCTIBLE $ — -- — -- RETENTION $ $ WORMERS COMPENSATION AND WC STATU- OTH- TORY LIMITSi ER EMPLOYERS' LIABILITY -- E.L EACH ACCIDENT $ ANY PROPRIETOR/PARTNER/EXECUTIVE — — — -- E r D!SE.ASE • EA E!^PLOYFF' OFFICER/MEMBER EXCLUDFD? If yes, describe under SPECIAL PROVISIONS below E L DISEASE - POLICY LIMIT - r OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS *Except 10 days notice for non payment of premium. THE CERTIFICATE HOLDER, ITS OFFICERS AND EMPLOYEES ARE NAMED ADDITIONAL INSUREDS WITH RESPECT TO GENERAL LIABILITY. CERTIFICATE HOLDER CANCELLATION NATION7 NATIONAL CITY FOUNDATION, INC. 901 NATIONAL CITY BOULEVARD 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 WRITT' NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 50 SHt IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHO REPRESENT VE d- ay • ACORD 25 (2001/08) © ACORD CORPORATION 1988 CERTIFICATE HOLDER LIST Date 06/09/08 Page 1 C -tomer:NCCHAM1 Range:A11 Tonal City Chamber of Name Street Dates:All TITY OF NAT;GCAL 141.. NATIONAL :LTY City ST Zip Code Iss Date Queued Days I:ATIONAL CA 4i97 10/76/0iN* Decription Cpo!tionF, 'Except i0 diys notics tor nun pa)mut of premium. TEE CERTIFICATE HOLDER TS NAMED INSHRFT. W!TH PFSPECT TO SFNERAL LIAB:LTTY. IEP2D07 DEPARTMKIIF CF NAVY NAVAL FACILITIP; ENGINEERING CC/MAND0(J2THWK:;7 z2.0 PACIFIC HISHWAY SAN DIEGO 0erattwi5: *EI,A.F.P-: IC PAYS NOT:7E FCP NoN-PAYMENT OF PREMIUM. PP: CCMMEPCIAL BILLBOAPL SIGN STRADDLING THE NAVAL BASE SAN DIEGO PERIMETER BOUNDARY ALorG THE WEST 3IDE OE INTERSTATE ". NEAR 7TH STREET (ONE CONCRETE PEDESTAL SUPPORTING BILLB()APD SITS ON Nir.VY LA".;!) AT THE NAVAL BASE SAN DI000). NATICC2 CITY CY NATIONAL CITY CC414UNITY DEVELOPMENT COPHISSION 124.3 t:ATIONAL CITY BLVD. NATIONAL CITY Ce:;onptioli of ()potations *Except iC days notice for non payment of premium. THE CERTIFICATE HOLDER, ITS OFFICERS AND EMPLOYEES ARE NAMED ADDITIONAL INSUREDS WITH RESPECT TO GENERAL LIABILITY. NATION'? NATIONAL CITY FOUNDATION, INS. 901 NATIONAL CITY BOULEVARD NATIONAL CITY Description of Operat'ons 'Hxcept 10 days notice for no:, payment of premium. • THE CERTIFICATE HOLDER, ;TS OFFICERS PIH) EMPLOYEES ARE NAMED ADDITIONAL INSUREDS WITH RESPECT '(0) GENERAL, LIAR1LITY. PLA0AB5 PLAZA BONIVA LP A DELAWARE LTC. PARTNERSHIP ATTN: GENERAL MANAGER 3030 PLAZA BONITA POAC 42075 NATIONAL CITY Description of Operations 'Except 10 days notice for non payment of premium. WESTFIELD AMERICA, INC., PLAZA BONITA LP, WESTFIELD CORPORATION, INC., AND ANY AND ALL OF THEIR RESPECTIVE PARENTS, PARTNERS, SUBSIDIARIES & AFFILIATES, TOGETHER WITH ANY MORTGAGEE FROM TIME TO TIME OF THE LANDLORDS INTEREST ARE NAMED ADUTIONAL INSURED WITH RESPECT TO GENERAL LIABILITY. '12122 01/18/0R CA 92700 10/0Eiff( No 30' CA 91950 10/0.8/0'I 30' CA 91950 10/08/07 No 30* PR00001 **PROOF OF INSURANCE** 11/09/07 No SuscrIpt;oD o: Opoyations 'EXCEPT 10 CAYS NOTICE FOP NON-PAYMENT OF PREMIUM. '8OOE01 NATIONAL CITY CHAMBER OE COMMERCE 901 NATIONAL CITY ROULEVARD SAN DIEGO Desoription of Operations ' EXCEPT (0 (TENI DAYS NOTICE OE CANCELLATION FOP NON PAYMENT OF PRFMIUM.. PROCR OF INSURANCE CNLY. COVERAGE INCILUCE7; FOP CAR SHOW AND RELATED ACTIVtTIES. IA11DC51 SAN DIEGO UNIFIED PORT DISTRICT AUDIT & RISK MANAGEMENT P.C. PDX 120488 30' CA 91950 10/09/0.; No 30* SAN IIIEGC CA 92112-0485 10/0/i/0( No 30" Des-tip!ios of Operations 'EXC:.:DT 10 (TEN) DAYS NOTICE OF CAECELLATTON FOP DON PAYMENT OF TREMIUM. THE GERTIEICATE HOLLER IS NAMED AILITII)NAL INSURED WITH RESPECT Tr SENERAL LIABILITY. City of National City, California COUNCIL AGENDA STATEMENT 30 MEETING DATE October 7, 2008 AGENDA ITEM NO. ITEM TITLE TEMPORARY USE PERMIT — Kick Boxing- 10'h Anniversary Celebration located at 26� North Euclid Avenue on October 11, 2008 from 11 a.m. to 3 p.m. with no waiver of fees. PREPARED BY Vianey Rolon 336-4364 DEPARTMENT Neighborhood Services Division EXPLANATION This is a request from Wynn University's School of Taekwondo to conduct the Kick Boxing 10th Anniversary Celebration event at their store located at 26 N. Euclid Avenue on October 11, 2008. This event is scheduled from 11 a.m. to 3 p.m. This event marks the 10th anniversary of the business and will feature food and drinks, clowns, prizes and special guest speakers. The event.will include a 10x10 canopy in the mall parking lot and a propane grill for cooking. The organizers will use their own P.A. system and will have their own cleanup crew and parking lot security staff. There will be individual kickboxing demonstrations, but no competition or matches. Environmental Review X N/A Financial Statement The City has incurred S345.00 for processing the TUP. Approved By: Finance Director Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. L. Application for a Temporary Use Permit with recommended approvals and conditions of approval. A-200 (9/99) CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Wynn University -School of Taekwondo EVENT: 10`h Anniversary Celebration DATE OF EVENT: October 11, 2008 TIME OF EVENT: 11 a.m. to 3 p.m. APPROVALS: PLANNING/BUILDING RISK MANAGER ENGINEERING PUBLIC WORKS FINANCE FIRE COMMUNITY SERVICES POLICE NEIGHBORHOOD SERVICES CITY ATTORNEY YES [x] YES [ x ] YES [ x ] YES [ x ] YES [ x ] YES [ x ] YES [ x ] YES [x] YES [ x ] YES [x] NO [ NO 1 NO [ NO [ NO 1 NO [ NO [ NO [ NO [ NO I 1 1 1 1 1 SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS CONDITIONS OF APPROVAL: RISK MANAGER (619) 336-4370 I've had the opportunity to speak with the applicant's representative, Jovita Juarez, who advised me that no kickboxing matches or demonstrations will occur during the event. Primarily, the owner of International KickBoxing, wishes to host an "open house" event for his studio and the activities will include the display of photos of matches and students, the giveaway of donated food and drinks, clown and face painting activities for kids and music from a "boombox". It is possible that individual students will speak and during the course of his or her talk, demonstrate some "moves". The activities as described to me do not present any unusual risk to the public or City assets. Therefore, no proof of insurance is required and I do not object to the proposed use. Ashley K. Fenton Risk Manager X4370 September 22, 2008 x ] 1 PUBLIC WORKS (619) 336-4580 Public Works Department staff has reviewed the application for subject Temporary Use Permit (TUP) and recommends approval with no involvement by Public Works below: Thank you for the opportunity to comment on this TUP. Please let me know if you need any other information. Type of Event: Public Concert Parade t•Aotion Picture Event Title Event Location. Fair Festival _ Community Event Demonstration Circus Block Party - Grand Oper ung .Other 10'�:-.. AA oL'.iv , n \A-C1/4,S_(% (_)el-tr 104 . Event Date(s). From tU`l; loib to _sue\ \\C O Total Anticipated Attendance: 15 nonitt;Day Yea, ( $051_ Participants) (1�! Spectators) h,al Event flours (arn)pnito an)RpIn/ Setup!assembtyiconstnu tion Date Li .L.- t'\ Start time. Please describe the ';cope of .our a,etupfassembty work (specific details) Dismantle Date: ° Completion Time. t ist any ;;treat(:) requiring closure as a result of this eve It. Include street name(s), day and time of closing and day and time of reopening Y" ] i 1�- -3L.7 am cob, 4,: 'e rn. . ..c..+, N . " ,•`i i 1 ..;.;..: ,•, •.; , ' ' +, T y . ... : i • - + • . '-`' ^ ' '-; ' #..,,; yr • , ,v `. f '' ,..—`a. � ._w _. • y•1 wi_\,w•' _,•�j :'..�i!,...,.— _$.,'.T :;}� j_.•' '�,'' 't ':t • • Sponsoring Organization .� i, Chief Officer of Organization (Name! _ lQb\( _ . L Appitc..mnt - .. 'J Cat �Z 4� 1 (-. C G + t-- Er f .6. CA... ` t 3 `I D<ayUrne Phone i bit )-� 7 '1 Sg v.•rinicr Phone i `Ctl Cr,r�t:tcl Pr.ri.ori on site- •.f ittf i°:•: (It i>j L am. � VI CA CL or Profit Not -for Profit Lam) � 1,0 - - 1 S D NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR Tt1E DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CI1 Y OFFICIALS Ai I LAC) (.1 tICk.41C-,e * QA • . • • • • t• • ••• •, • - . •:- •- Is your organization a "Tax Exempt, nonprofit- organization? Are admission, entry, vendor or participant fees required? If YES, please explain the purpose and provide arnount(s): $ $ $ YES YES NO NO Estimated Gross Receipts including ticket, product and sponsorship sales from this event. Estimated Expenses for this event. What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? ••••,,r.•••••••••••"... • • • • • • • •• • g • • . _ • , - • • : , , •-; , r, • , , • ° - • ; • '..", :,", : • ' • • : • • - • " ,•4 1 • ; ;-r • • • 7 ,‘• - - Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event I 111_ n &Gal 4 GL3 • '1' LS .11.E.:1- t•--'(:111 01 i1`•,, the cdr'.-; rtitlOfhll deJilers") If NO. list ony additional dealer:, involved the sale YES }x NO Does the event involve: the style or use of alcoholic beverages? YES L-NO Will items or sen.'ices he sold at the event? If yes, please describe. YES -I. NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. YES ;NO Does the event involve a fixed venue site? If YES, attach a detailed site reap showing all streets impacted by the event. iNti YES _ NO Does the event involve the u' of tents ur canopies'? 1f YES. Number of tent/canopies Sizes ) 0 X- I v NOTE A separate Fire Department permit is required for tents or canopies YES, -NO Will the event involve the use of the City surge or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items Alcoholic and Nonalcoholic Concession and/or Beer Garden areas • Food Concession and;or Food Preparation areas Please describe how food will be served at thhe event f. It you intend to cook food ur the event area please sperAfy are method GAS E L ECTRIC CHARCOAL. OTHER (Specify). F'ortable and!or Permanent Toilet i acilitres Number of portable toilets: (1 fro even,' 250 people is required. unless; the applicant can show that there are facilities in the immediate area available to the public during the event) • Tables and Chairs • Fencing, harriers and/or barricades Generator locations and/or source of electricity Canopies or tent locations (include tent/canopy dimensions) Booths, exhibits, displays or enclosures Scaffolding, bleachers, platforms, stages, grandstands or related structures Vehicles and/or trailers r (.other related event components not coverer( above Trash containers and dumpsters (Note: You must properly dispose of waste and garbagr- throughout the terra et your event and imrne i ately upon conrI&e on of the event the ,urea mitt he rr>turnr i1 t() a r Irian condition t Nunrtver r,t ira ,t'i ; and. 1 Tr ir rnnl;rnrers, 'ritt lid your p!,rn for r.teari-up and renrcr;ai r!unnct an11 +tlr'r thy, 'vim 3_ Cie_ G ►1 - L.) C ! (^ s cLoia Please describe your procedures for both Crowd Control and Internal Security _ & 1-1\4,nS , ►� YES O Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name). Phone YES • NO Is this a night event? It YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Plea ;e indicate what arrangement you have made for providing First Aid Staffing and Equipment. mow}- Please describe your Accessibility Plan for access at your event by individuals with disabilities: \ C Gl ) I-- 5Cc-LA- • Please provide a detailed description of your PARKING plan: • PIeZ,-; sr.f t) our plan fur DISABLED PARKIN( ( tC Please describe your plans to notify all residents, businesses and churches impacted by the event l e- Wrc/ C7r YC�L'� S;r. NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. YES I NO Are there any musical entertainment features related 10 your event? If YES, please state the number of surges, number of bands and type of music Number of Stages. Type of Music. Number of Bands. YES NO Will sound amplification be used? If YES, please indicate. Start time �� `�_'- - <lr,)/pm f:rnir,h Time YES-4-NO Will sound checks be conducted Error to the event? 1f YES. please indicate• Start time• pm Finish Time Please describe the sound equipment that will h.e used for you, event t. > NO Fireworks, rockets, or other pyrotechnics"' if YES, please describe: YES�I NO Any signs, banners, decorations, special lighting"? If YES, please describe. Peer,&-(1 W-;`10;o'-) 1 Event: :For Office 'Use Only Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes Vote: KAttilo 7r) i w Drrr c t,x Br.ailclinc� K S:af ly Dep artm •nt No f, City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization Person in Charge of Activity Address Telephone Date(s) of Use HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury. death or property damage. or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant Official Title Date ! or O/(rrr Ilse.' Only Certificate of Insurance Appr« ,.�F�ri Date Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit • organization? Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization Type of Organization )Service Club, Church, Social Service Agency, etc ) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. No (Please proceed to Question 5) 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: No (P lease sign the form and submit it with the TUP Application) Signature Date City of National City, California COUNCIL AGENDA STATEMENT IEETING DATE October 7, 2008 AGENDA ITEM NO. 31 ITEM TITLE TEMPORARY USE PERMIT —Law Enforcement Appreciation Day hosted by the Bible Baptist Church located at 2432 E. 18th Street on October 19, 2008 from 10 a.m. to 1 p.m. with no waiver of fees. PREPARED BY EXPLANATION Vianey Rolon 336-4364 DEPARTMENT Neighborhood Services Division This is a request from Bible Baptist Church to host the Law Enforcement Appreciation Day located at 2432 E. 18`h Street. This event will include a church service followed by a free lunch in a tent structure located in the church parking lot. The tent structure is 40' x 70' with tables and chairs for sitting. This tent will be erected one day prior to the event and dissembled the following day. This is not a fundraiser: this event is open to the public and the attendees will be provided with a free meal following the morning service. Environmental Review X N/A Financial Statement Approved By: Finance Director The City has incurred $345.00 for processing the TUP, plus $449.00 for the Fire Permit and inspection. Total cost: S794.00 Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Application for a Temporary Use Permit with recommended approvals and conditions of approval. L A-200 (9/99) CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL, SPONSORING ORGANIZATION: Bible Baptist Church EVENT: Law Enforcement Appreciation Day DATE OF EVENT: October 19, 2008 TIME OF EVENT: 10 a.m. to 1:00 p.m. APPROVALS: PLANNING/BUILDING COMMUNITY SERVICES RISK MANAGER ENGINEERING PUBLIC WORKS FINANCE FIRE POLICE CITY ATTORNEY YES [x] NO [ ] YES [x] NO [ ] YES [ x j NO ( 1 YES [ x ] NO [ ] YES [x] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [x] NO [ ] YES [ x ] NO [ j SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS [ x SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS 1 x SEE CONDITIONS SEE CONDITIONS 1 CONDITIONS OF APPROVAL: RISK MANAGER (619) 336-4370 I've reviewed the application for the proposed uses and note that all events will be held on church property during the daytime. The events do not appear to present any unusual risk to attendees or the public. The applicant sponsoring organization, Bible Baptist Church, has not signed the Hold Harmless Agreement; which does need to be completed in order to process the application. FIRE (619) 336-4550 1. Access to area to be maintained at all times. 2. Fire Department access into and through the event areas are to be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches.. 3. Fire Hydrants and fire department connections, shall not be blocked or obstructed at any time. 4. Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s). 5. Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s). 6. Provide one 2A:10BC fire extinguisher in tent area. Extinguisher to be mounted in a visible location between 31/2' to 5' from the floor to the top of the extinguisher. Maximum travel distance from an extinguisher shall not be more than 75 feet travel distance. Please see attached example 7. All cooking booths or areas to have one 2A:10BC fire extinguisher. If grease or oil is used in cooking a 40:BC or class "K" fire extinguisher will be required. All fire extinguishers to have a current State Fire Marshal Tag attached. Please see attached example 8. Concession stands utilized for cooking shall have a minimum of 10 feet of clearance on two sides. 9. Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "temporary Wiring" only.. 10. A fire safety inspection is to be conducted by the Fire Department prior to operations of the event. 11. Tents having an area in excess of 200 square feet and or canopies in excess of 400 square feet or multiple tents and or canopies placed together equaling or greater than the above stated areas, are to be used, they shall be flame- retardant treated with an approved State Fire Marshal seal attached. A permit from the Fire Department must be obtained. Fees can only be waived by the City Council. 12. First Aid will be provided by organization. 13. No fees can be waived by council. Type of Event. Public Concert Parade Motion Picture Festival _ Community Event Demonstration Circus Block Party Grand Opening Other C N 1)t . Crtk c.V ► T Fair Event Title:l_Avd APP2ECW-10P4 13AY-- _ Event Location: (31131,E (3ISPT1 S t C1-kO2CH tB-1?+ ST tJ • C• Event Date(s) : From t t7 f i g c to _ 1 oli q 10b Total Anticipated Attendance: —1 U O kPR‘L 1�Zi�OG r nth/C)iyfYear ( Participants) (. Spectators) Event flours t O . am )nl to t 0 (3 _ an, , C.t)SI —1 29 Setuplassemblylconstruction Date 1 V�i7 .Ht' tSSEt- LE i- D t y t3 e ci ? E t SiS S S i- B'_ `114 fly VENT S • .t EJ rS xQE ON IJt40tiy. --ve& "n( List any street(s) requiring closure as a result of this event Include street name(s), day and time of closing and day and time of reopening, NONE 'REQUIRED Start time 2'00 PM Please describe the :,cope of your setupti,ssernbly work (specific details). O U !z C 1-k kiR,. C N 1nt i .-t. t j)T U p A -pt-71A T 1,4 Th Loi Focz gECEpTIut4 /1-UAc-ll Fog- Gt)ZST S Dismantle Date: 1O12O _ Completion Time: _ S• . O _ am )rrl — 4i....., or , .-^1'4,.;_,r — ,.;..: r, ,• ••. ir..�...,-,.,.�;.;: .. , . •. -. , .. ,•....•,.. -.•, ,; ,,. 4I ' ,� `..,•T .�.�� \ - Z: �•---,', , ,�..• - -, r'�.,.� r-•:s; : �' ' 4.. r 'mot• '� , V-�• Sponsoring Organization B1( k..F 811 P i 1ST GN U R C N For Profit _— — — X Not for Profit Chief Officer of Organization tNarne) 1�h2R� BJER.0 Apptrc,tnt Marne) AQtAc L OE LE Ot\1 Address 243Z E. ci19v t1,i;tir ': f't,nne !6 1 2(o7'31(0l E... ninc.I f'hrrn'' (f.I9)74(0-133% f-:1R !G,Iq, -134-2164 A RNE I— VE Giq -74(- 133`1 NOTE: THIS PERSON MUST E3E IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS (::n t;ic l i'r rf r: on site 1, is your organization a "Tax Exempt, nonprofit" organization? V YES NO Are admission, entry, vendor or participant fees required? If YES, please explain the purpose and provide amount(s): _ YES i/ NO Estimated Gross Receipts including ticket, product and sponsorship sales from this event $ 1 DUO. Estimated Expenses for this event. What is the projected amount of revenue that the Nonprofit Organization will receive as a result of thus event'? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. OCT () 2ooej - k-t01-1 emFO( C t-ENT I PP(Z Q.-I .-r prey Am_ 10 Ion() - cNot_c- . 2611.4ANNtVEasn.(zy .JUN Co, 200(5VADteS' h. U -1 ! 20 Oq — M,, S S 1 o N S eczNi t c,e S r t N a n t3 -p-te C- o 2 ct4 /\UptTORWWM . AFTER- Tl-m TeciV1C S , G.UETS Fort_ L-V fV cH ‘I‘‘ 0 tJ it l P►tz-K t '1 6 1-0-1 Tl 1�t �► t t� (3 -r7� E l� S Pt o M Nk-L-`-1 PONE CS `/ 2',00 Pt-4 "NE ThBS xt 0 CfFP i%? S 2'E PUT t3( cK- tN VTORAcE . 'T Et\1 T IS PUT O O IA Pat. t.o W I N V PAY. ) II the the HI ,.;rr :rill It.::'rig; _.�.irt��� r�•:�au���.�::1 it„ril i 1atrcu�al (it; '.-.0 If Ni) ii-tt ��n' ,r_hLhun.Ii �I�r.rlecs irr:ol:•trtl ;he >al�. YES t/NO Does the event involve the sale or use of alcoholic beverage°,"' YES 1NO Wilt items or services be sold at the event? if yes, please describe: YES /NC) Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route YES VNO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. 1/YES NO Does the event involve the use of tents or canopies? If YES., Number of tenUcanopies _. 1 _ Sizes 4O x 70 -_ NOTE. A separate Fire Department permit as required for tents or canopies YLS /NO Will the event involve the use of ttie City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and ;et -up locations for the following items. Alcoholic; and Nonalcoholic Concession and/or Beer Garden areas. Food Concession and/or Food Preparation areas Please describe how food will be served at the event Tt-%E'C W i g re Sc a(ZV t1.1G (-Imes W1k-e-Te-e TN-E GU'sT s 6ET 'THEIR Fo61) . If you intend to cook food is flag event area please spe:;:ty the method IA0ST A CZ-e- GAS ✓ ELECTRIC _ _ CHARCOAL OTHER (Specify) C—( v Portable and/or Permanent 'toilet Facilities Number of portable toiler, _ _ (1 for e.„ery 250 people is required, unless !tie applicant can show that there are facilities In the immediate area available to the public: bunny the event) Tables and Chairs Fencing, barriers and!or barricades Generator locations and/or source of electricity Canopies or tent locations (include tent/canopy dimensions) Booths, exhibits, displays or enclosures Scaffolding, bleachers, platforms, stages, grandstands or related structures - Vehicles anrt or trailers Other related (:,,ent compe)nenb; not covered above trash containers and durnpsters (Note. You must properly dispose; of waste ant; garbage- throughout the term Of your event ,and immediately upon cunr-lut,ui1 of they ev,-:nt the ore_a must be returned to a clean condition Iforrihcr et trra ;,, l?asr.nt;e },rr.0 pl,.in for cle!,iri ip and f ..+:.a:;te ;:n:'. ,;t,:re)r; ,.Ir;nncl ,an•.1 711ir..1 11) tie,rse descr t your plan for DISABI El) F'Af;KItJ(, VJE -1.10U614 P�2KIN6 Please describe your procedures for both Crowd Control and Internal Security: \Ale x-1/sv e ETEARS U S NE2s Poy EYL. l,rfb n. U D 11 R t 1) M h ts't) S E C-1121 T y 1i S S ( 6 ►.► tcO 'TU 1?A V.14- I NI G t.a"j _ YES V NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name). Phone ___ YES /NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators'. Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. :}Urc Nf Vtr ENclUG1-t CPR QVn•Lt F%ED STAFF PE2.SbNNct- ba4 RNs . (cNULCN Ref-kgeils PR-ESt= NT OUftiNC. evecLy edplvT) 12ST Alb \.ITS Avlsll,Ast,E / P U 1748t. t-tNES roe__ 911 c>1t.t.S . Please describe your Accessibility Plan for access at your event by individuals with disabilities UlE 1-AVE t-NMPS FOR- ' SY ACceSS 'to t UvlTORIVt•-l. W Vt- A v 1✓ Ti71 LE T S/ F= h c t ti T1 S N V A c-O t•-t P U h N C Please provide a detailed description of your PARKING plan. tlls\TLIRS w�t� pdtzk \t 0410tLct> PI>'tZ\t‘NG, oil-VZ-S tNt1.L gc AR tzN N GE41 ElJ T SNvTT "D --rtN co/FRe•M GvAKNG--R S �oL Pr,2Kt1.1C�.._Mta4F win-4 c\1a0t 01sTR�Cl. (CD) /N1? Fay 13,s�o 'OFSiG UINTeS A m o Q,F F- r? P IzFGNANTr ►ENO E t- OER-t,Y . Please describe your plans to notify all residents, businesses and churches impacted by the event e Si•.R) Tt N E 1 G 1413 (g �-k"o o 12 km 114 1 L'( €tt S. tS'J 1 n N t -hel'A -O YL T -rT T VV c=niT NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. YES 17N. Are there any musical entertainment features related to your event? If YES. please stale the number of stages, number of bands and type of music. Number of Stages. type of Music: YES ✓t'o Will sound amplification be a sed7 1f YES, please indicate: Start time Number of Bands :,In jfirn Finish Time ain!pm YES yrvt) lbrill sound checks be conducted prior to the event") If YES, please indicate Stall time. anU f,111 t-lrllstl 'hale 3fn!f)nl Please describe the sound t.?cti,ipnlerlt that will be used for your event YES ;4U Fireworks. rockets. or other pyrotechnics? If YES, please describe 1/Y E S NCI Any signs, banners, decorii(ions, special lighting") If YES, please describe. 'yJJE PUT Gilt-OON S AT -TheENTR- aN "1ti TIe. eA t-t r1 /'^i 1� T1kTENT Event: :for Office 'Use OnCy Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: f)irec,1,..)r f:-,(,I,. 1.)epartnwilt City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization Person in Charge of Activity Address Telephone Date(s) of Use HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant Official Hie ie Date / Certificate of Insurancr; At)pi oved Late Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization BIBue 13PP T IST CNUTLCN, NtInoniit-- G(T`j Type of Organization �KURCN (Service Club, Church, Social Service Agency, etc ) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) 1, No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. No (Please proceed to Question 5) 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: No (P lease sign the form and submit it with the TUP Application) Signature 2g Zoo Date City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 7, 2008 AGENDA ITEM NO. 32 ITEM TITLE TEMPORARY USE PERMIT — National City "Got" Talent 1st Annual Amateur Competition which will take place in the National City Public Library at 1401 National City Boulevard on November 1, 2008 from 10 a.m. to 2 p.m. PREPARED BY Vianey Rolon 336-4364 DEPARTMENT Neighborhood Services Division EXPLANATION This is a request from National City Public Library to conduct National City's Got Talent Amateur Competition event at 1401 National City Boulevard on November 1, 2008. This event is scheduled from 10 a.m. to 2 p.m. This event will feature a talent show, food booths, and information booths. The event will include six 10'x10' canopies and the possibility of a 30'x50' canopy to provide shade for the audience. A propane grill will be used for food preparation. The organizers will utilize the City's stage, sounds system and podium for the talent show. Various type of music will be played. Environmental Review X N/A Financial Statement This is an event sponsored by the National City Public Library. Approved By: Finance Director Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Application for a Temporary Use Permit with recommended approvals and conditions of approval. A-200 (9/99) CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL. SPONSORING ORGANIZATION: National City Public Library EVENT: National City Got Talent Amateur Competition DATE OF EVENT: November 1, 2008 TIME OF EVENT: 10 a.m. to 2 p.m. APPROVALS: PLANNING/BUILDING RISK MANAGER ENGINEERING PUBLIC WORKS FINANCE FIRE COMMUNITY SERVICES POLICE NEIGHBORHOOD SERVICES CITY ATTORNEY YES [x) NO [ ] YES Ix] NO [ YES [x] NO [ ] YES [x] NO [ ] YES [ x ] NO [ ] YES [x] NO [ j YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x) NO [ j YES [x] NO [ ] SEE CONDITIONS ( ] SEE CONDITIONS [ ] SEE CONDITIONS ( ] SEE CONDITIONS [ ] SEE CONDITIONS [ x ] SEE CONDITIONS (x ] SEE CONDITIONS [ j SEE CONDITIONS [ j SEE CONDITIONS ( ] SEE CONDITIONS [ ] CONDITIONS OF APPROVAL: FINANCE (619) 336-433() All vendors, even if non-profit must apply for a National City business license. All food vendors must provide a food handlers card which can be obtained from the Health Department. Also as of 9/15/2008 there is a $21.50 admin fee for all new business license applications (including non-profit organizations). Let me know if you have any questions. Adella Salazar (619) 336-4341 City of National City Finance Department FIRE: (619) 336-4550 1. Access to 15th Street to be maintained at all times. 2. Fire Department access into and through the parking lot are to be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches. 3. Chairs described on map, appear to be extending into the roadway. Roadway must remain clear to allow for emergency traffic (20 Feet). 4. Fire Hydrants and fire department connections shall not be blocked or obstructed at any time. 5. Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s). 6. Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s). 7. Provide one 2A:10BC tire extinguisher at stage. Extinguisher to be mounted in a visible location between 3' ' to 5' from the floor to the top of the extinguisher. Maximum travel distance from an extinguisher shall not be more than 75 feet travel distance. All fire extinguishers to have a current State Fire Marshal Tag attached. Please see attached example 8. Tents having an area in excess of 200 square feet and or canopies in excess of 400 square feet or multiple tents and or canopies placed together equaling or greater than the above stated areas, are to be used, they shall be tlame- retardant treated with an approved State Fire Marshal seal attached. Cooking shall not be allowed under pop up canopies. Cooking shall be at leas 10 feet from canopies. Pop up canopies shall have a minimum of ten feet separation from one canopy to the other A permit from the Fire Department must be obtained. Fees can only be waived by the City Council. 9. All cooking booths to have one 2A:10BC. If grease or oil is used in cooking a 40:BC or class "K" fire extinguisher will be required. All fire extinguishers to have a current State Fire Marshal Tag attached. 10. 40-B:C dry chemical fire extinguishers shall be provided where deep -fat fryers are used. One 2-A:10-B:C fire extinguishers to be located in clear view and accessible for ever 7 canopies. Extinguisher to be mounted in a visible location between 31/2' to 5' from the floor to the top of the extinguisher. Maximum travel distance from an extinguisher shall not be more than 75 feet travel distance. 11. If Charcoal is being used, provide metal cans with lids and label "IEOT COALS ONLY" for used charcoal disposal. 12. Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" only 13. A fire safety inspection is to be conducted by the Fire Department prior to operations of the event. i. `..��. 1• .��. ti . ..•.,_. i �. .i} �,:a.W yy ��� r . . �J „ .y� ..-.� Y ti,�y�ii. •rlj y r iry v q v �, ot� 4 �• h1 ; 1' 'a} i . ,::-. t 7 '� r�7 '� :A4' 2 i r (2i 1 f v,•r i lrarh I•+t t d f L } , .... ,. :'ct'' j 1'�,,.r r v}r;•...� [ ,t c rs �.: �yJ4.n �y'Yt�//i� � i• ry9 pF L�, •f' >f � �} 1 p ra�N +� 1•!��•� � r* F 1 ` �l b O •`I it � r' i �l FM °I ' +i 4 7 vp ra•a ap; llJ 1+� ��'"`T �,. M� L A•r � 0 d } / s! ,- "'!, '�.'",�.w -��. ��� �Z•.; a 'i,�.�•+i1.-t..t` J+�: ,•7 y,'� � }.i..trr t w�j,: d.�h�yrt' �� r'ra?�.�{ T � r v-�,v. � ram-{. �.1-. r:-i+-y-1< r.•:.• �.x.`� r1 's%1--^�,.1,� r Sponsoring Organization: N (,,4i rr t [ Ce h1 ?i bt tG t _bra ✓ti Y„r T... �.+� J: 1'.•s •T•a ��-T.is 1'j�i T .: r•'rr A l.-+t-.A•1: --.... l• T T.'. A, art :_r�.t Y� r' f i T' ; — ....1 ,+ 17� r.:r.��±! .. .1 i,-,4,S' t;}41 k._, 1 ems rfl S�``2 t7 r "• 1".+y:l *' p .i+- +•�' 7iL'7' t.•.'•1 ; 1• y • 1+ ;11%. ltf.`+ w 2 �:s: b.'}' K -1,-,:r'X, fit 4,, t7 I Yik,� 1 A 1<,� .r .' ,. f+l a . •g:i,r ,,lr -,•.i 1...�e. l 1 1. + +�"�. ' ` 1 -�{. •� `w� u c • +7 VZi 'v r.,i^.t+5 V':+� -r ,1. ir-1 �1 t. r�4 4•1' 1 u-'c r}a.c11.?•.'ry,1.a.»r,.'n'. r}. H.h,L,I:;�-.; +�!,�J>[... .1ri-ea -�. •t t, +frVf-!'�r?: w.'rJ:t.c.g..rri,a: ...r.. IPQ`M�R,{va.. N t�np,rrya{+r. :>': Type of Event: Public Concert Parade _ Motion Picture Fair Demonstration _ Grand Opening Festival Circus Other _X Community Event _ Block Party Event Title: N Q-ftbYta( Ct4'S GotT&(ev-t-t Event Location: K\CiAt Cvi- 'u bt 1 G l.i bra. Actual Event Hours: 10 0/pm to . - am/6) Setup/assembly/construction Date: I' S-o$ Start time: y 11 Please describe the scope of your setup/assembly work (specific details): C.i-t\ 5 /Nnob.te S-1rke .mot. -rat 6J +e&n Pa6611444 Event Date(s): From 10 - • 08 to tQ 8 Total 4nticipated Attendance: Month/Day/Year V2 • (15 Participants) (50o Spectators) 535 :oo AKA Dismantle Date: it - 8 Completion Time: Z. : 30 am tem List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. N i i-� . is w- ., r _ •L a i+ t z,.,� 4�.i -._..r .+r,,.�r�..- :i':7. .r..# �fti;_:�„S•.�t`�:�h�`t.;1�;?��'r � �{lw5 ��:�'� •ti;lr''i• .�-�s'�t;i 'vir.�+�' �.t . ry '�.• A "r- j' • 7 'n� =,11' •lief f•. �is► hri� .: [ - n,7. -G f •f 1 - . .[ - i •" I 'f� A 4 ..� -[ n. h i "..� v [ ' 1...•4'1 For Profit X Not -for -Profit Chief Officer of Organization (Name) M i rik buo n Applicant (Name): 6tLncly Bu-►�d.y J Address: IL{ (71 NcaffWii 1 Ci f I Daytime Phone: (0151) '- 30.5t3E0 Evening Phone: ( ) Contact Person "on site" day of the event: 6awit4 i Bu.tndv Pager/Cellular: +( Fax: ((R) inn • s e e NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS err �+• +a �'.r f r f..,... �a �• ..�, T- r r 17--1 ..a. 7• •;{ 4-`!'r"1t ,-r-T.•r ^772"• .! r T-..-..�..,. •.ia n� 7� ,: 'J. .r. �ji.i1, s 1 J •a•J' �'1 � ' !•f'f-'ri>�'' .�3"Jj� r..-! f•�T s fi �, r^ti u e r ,n-a( . � +� y ..�•i w W r �p A a+. r! e• F •! < •r e.3 ra a 'v' '4 ♦ [+'Z srn r�-s1 d 'A A T r •t1< %) A L F t..t>. s N L e r 1 q A � a ,. !f a ,. 4 •if ,!•. it t..,.•. , - e {e vt •i r r+•-i, vf+t 'n•.'G: y,.... (' h °,•-•Z'•• Y3i �+yw a� sr .�• i,r. r,•..r+'�7 i-Nti. rr ��+• 4 w aa. 4 w*. Is your organization a "Tax Exempt, nonprofit" organization? X YES _ NO Are admission, entry, vendor or participant fees required? _ YES 1, NO If YES, please explain the purpose and provide amount(s): $ Estimated Gross Receipts including ticket, product and sponsorship sales from this event. Estimated Expenses for this event. $ What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Y.�t "f i,3 f 't+ -; y fi • � ' p r.r i -d < ,d -:. a i� 5- o- _ �• ,sl $ .`•3:i'.- 4 . N N z •1 ,a < .!. sra i.,s a• r i s - r) r -y r. a 1 i..s N., .,y p �• ,yv +i w?�.t" ti r "�.ii_T kki_t i 1(�N 11: 7 •:1 ,•--k 3 sS 2 r !r 7 J l \ `\ -s^ ,! 41 d ; y...j o 5 j 7 4? 9 1 L. Ir. v 3 iys~�i �\ Vris- -y r,.'� }.r{o- a. -..-. s-.,, 7T,• > 4 i. b t t it r!a � —'• r rri T r � � : � ♦ r r.'4•as'. ¢ a ,am! r,,..alri-.,. . ri:«...'^,•-..'.^. ij�.i "T'....:.�� 7 ��-.fi>rir-yti��...'=°C.:�^�'_".":-•'"'.'..��.'r'^'i' .+'.�..,�'P1.-.��'. .. `7� r+ ` r q,-1•� Irr i. it 1`Y•r-. ••�. ,iiv ,-+1 i! r t rl. ."•:c.ifj r�-.[: ,�. f}: j.'�tr Tr r - -ri� � { t' .lr 1: !...,d :�•.P [ w rid , . n !i ' ! Y♦tir �� v! •s � a a s� { } `• [i •{'U ��rb C � f 4 1 1e 1- �'•. W G � •! r. � - ^ t k •t 1. '_ C .. t "'!'� 4-`7.'a�' a �. a_ i f" Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. Tole talewf 5110 u� 'food feloo-1'Ns r,f-otrn 'oaths — YES _ NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: •• • • ,yf�^{-'�'^�I �SN•.r`f.�lk.'�:�yr �.!.!'.f{1._}fi,i1"t_nqSI• w-LT.1i ♦•'Y•t .n 'y} i's{ hti,��� i I'. , r.�1]�r4.y1t`f��L••'TF m. { F.HRt• i f •�.iq �'•L•r.rI .171..:1._`.:L, ' �.wj �wAH4, P1• VL•. 7 L I, • N t. J Y. i • ",14••••i • •�►�. S 4 ir.1 .A •i •We."' w T''K4 f%iv . Ts '1 .• •V`w. YES 2c NO Does the event involve the sale or use of alcoholic beverages? j YES _ NO Will items or services be sold at the event? If yes, please describe: Mod i-4ems b1 o-t er non-Qta-i-f' 6r,14•v 4zI Yr i _ YES _( NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. X_ YES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. YES _ NO Does the event involve the use of tents or canopies? If YES: 'o Number of tent/canopies to Sizes 10 x(O' be one lade cC....ofy -to NOTE: A separate Fire Department permit is required for tents or canop es. f voNitae shade -roe . an.e. p/ YES _ NO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: ➢ Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. ➢ Food Concession and/or Food Preparation areas Please describe how food will be served at the event: �ribl�s Ic•coA-ced wndci Ca-,,��ieg If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL X. OTHER (Specify): ?roc., ➢ Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) > Tables and Chairs ➢ Fencing, barriers and/or barricades ➢ Generator locations and/or source of electricity ➢ Canopies or tent locations (include tent/canopy dimensions) ➢ Booths, exhibits, displays or enclosures ➢ Scaffolding, bleachers, platforms, stages, grandstands or related structures ➢ Vehicles and/or trailers ➢ Other related event components not covered above > Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: (O Trash containers with lids: 4 -I0 Describe your plan for clean-up and removal of waste and garbage during and after the event: rusk Cans dam•-Qs•F-e( I r -.,• �. r..I-�,�, I .r r r �. �f-; . .- r .--• .� .n r-..-� �.�. t �,c... 1'-n rr--•t r v, ., i.l:.;T ; .It.r 1 rt E Ir I'4 1:U f I i ^'� I� �:• r c+e er -�'`. -hJl { yyg t �t Ft ' t �?' i w���r'T� t (-.t d r•fi i f y 0 1 /Y �j Y -[ Y 1 .-1 a-.! f� .. Y J�J '! t� t •y H•I q•- yif'-'"s t ,1 • n, ^ /hF•y,',.'�L� �. 4 r rtc� 1"jJd t ea{•"y n + Y i �. K !..e-rY•.' • t,- 4-Y V:' �. ,0 * '4-�V+j "1'- Y".^ S.i v. 1 4 V i .• uit .S}.'. A,44. .+•••ir c+"t::i .+•.j Vi't' 1• u { ;•rs.)t►. t...a�^!tit . tt 1", 1.44.,'.1^.-.v.�4Fw tt "LIt . �•t a +1!{�.. .Ka t t'tift+6�t .. r:.•t•.i Please describe your procedures for both Crowd Control and Internal Security: Z. Pt C PP o f(tte 3 YES _( NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: _ YES,. NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. Qh(me cwN q 1 t l Aye_ b,2 p} . Please describe your Accessibility Plan for access at your event by individuals with disabilities: 'Mt to bro vi Cwr•ADt; R s A i+L► MC)" rT i7'^y.r.,� ttK+ ,• F1.'f`.3Kf1 . ;1 ..r..11 r7S_;•'wt-'..ir 4 7^ '1 1 i�i�i 1, .+,9 �N l,..-..... ..'/. r • t v3` Y / f V Y�� kN • � w%i3 t II �t 1 n �;. ti •► �+ J • . j .J' I.} {� R C I y 1 3 ; 1 f 7 h' t • • ri ! 1 .! ha L. = a n 4 +� t�k r . ° r:9 / '?' V 414c1�' 4 L.i'P'tt' V: ,•fY• iti u.- hw V ZIti �ttvi.,`i N`t ••t 4' �h.-.{�t itti �p It w, V `4ti'.. t.- titii+! V"N I+.tri• in V :r. !^!�tt'M-•4:{4.. .rwd:t.t'!rLm.le.,. .dt.t.a..:t.4n.'1-%.��►'hY w+4t..r';✓i `t ^9 = -�i tit•-,•q.11r"t"i'M.ict .. .n,li�:S"7. .%w. Please provide a detailed description of your PARKING plan: On Brix-t reark4v.6 rkwhk ixcric4Nmt 1o+S ad;acett -b Kknnball cars .. tdSetktU acts Please describe your plan for DISABLED PARKING: I .A(L Ld Cwrbb;de tc.: n � o*4 C62<f na+mod to 5 '111•4A-K (04S. Y, ] 5 !! 7 I' r i �c,tc•.�; i f�... i + ' r � •.i Stir.� .t �•Ji'.. y ..,.. ,r,,,, 41 i� � J, 1-, H!., ] w+ :. r L .s;.h yjfl a i 11 y i �...r ,Qi i A �.• ! a {r t. s 8 * r 9 t y !y ti 4 '; [ i ' ` •t 1 LI t ii� h * 1 ". iw 1 r + !. [ ° '!i'"•(44 t+'a•y: tt•. {s•• 4 Z '}HK ar Itii•ti •y.H+f•i+•+ tr.T.V?!'+� i'Y . + p 0. S.Vti-;i >. IjG'i°+. �+Pt!7."+ciMl-'Y'..K�ti►• Y.'!f l{+. , .. ri _r l'.^R•n_sM►. �,,; ;'`�•.Ft'f. :.•iysr.f•,'•ht{a��+;: rY+�s ;at i a;Sr st.r�swhrNr;5.;'•!.'y+.�.�h Please describe your plans to notify all residents, businesses and churches impacted by the event: -Ili'5 eA.P.mow+ do.ps no+ ins.94c-t- -11rn cAtiNe . NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. ,:�.r,� r /"�`) ''•''' iv/ "+ Lax ...rj,� �"� -r r,`:S '.`'.,'.t! t• .r t.•�.+rr r- 1 �'• r ,{: 7�{t.!7 ' !•_[�_�„t+tr '1 a }-'•,i�w1 (-<.< 3y1�7 . r �) 1r"" y:'ir trt '� �.:wYi`l 1 .+ �+ �.�Z.+.'m:r,' � r �r5K''V ;:�1 iuI+.�t./t{ 1wertirl.IY..LN3 * t:„e.w�'.'�`�i'ry`.'y'2li �1,i-ceFYa•=i .jai.l; • ""i.' . ,1*�.:yZl.iyk. i•••• .r.4t '•"ici 2j1+�i 4,1 y/T 3.4}.-J e •t t. • '+•..{ -.?.�ty.«♦ 1aa. y. ✓.7 •h .n, It r. .'tl.h .f 1. ..r.i tr`s 't taY::-.r W.d r •h " . S' -.',. i '.,}.�.t t. b.w.l. -.�,i .& x a 1 rv• �� ti , ,. t r - � x' ^ • . i : ;Q�e.h �:1 . .tNy + � S n + v { r; rf N 3 1 aZ r] ?f •�*a .. -t.N /1 y. .., `•Y+`� +11��i /�r "' i„}' r+l �. i/t1 ��• • 1 ^ ^�.f` Y .r `:. tt �-� .Gr'' y. �r —.r.4 . v•—�rJ,it .rRl•..a,,��f.,, �-- ':'n•.:.__.F':�... •^4:i._�: .... •.i":2._�'. _ r,n.l._ . .3� •.T.i:,:Y 7 'r .__.... :.•...=•'t`._ �.:..�_..='=';:t'.: YES _ NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: 1 Number of Bands: Type of Music: \alie )' YES NO Will sound amplification be used? If YES, please indicate: Start time: 1Q ®/pm Finish Time Z• am/CD X_ YES NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: &pm Finish Time q :'i-5 arr pm Please describe the sound equipment that will be used for your event: Fat k- de YES X NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: X YES _ NO Any signs, banners, decorations, special lighting? If YES, please describe: od bow . 1Tx.5 Revised 08/10/05 Event: For Office Use Only Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization Person in Charge of Activity Address Telephone Date(s) of Use HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and ail claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant Official Title Date For Office Use Only Certificate of Insurance Approved Date Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? X Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization No.i mu.t Ubr- y Type of Organization (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) X No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details, )C No (Please proceed to Question 5) it) 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. )( No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. )( No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: X No (P lease sign the form and submit it with the TUP Application) Signature 1) Date Ail }UK PAID :C1D Iruoi1Wt XXXXXXXXXXXXXXX.XXX XXXXXXXXXXXXXXXXXX XXXXXXXXXXXXxXXXXX eracy Infa XXXXXXXX XXXXXXXXX, XXXXXXXX ' XXXXXXXXX, XXXXXXXX ' XXXXX).X201/4 XXXXXXXX.' XXXXXX\ ti,�'7y Li c a XXXXXX.X. ' XYJO XXNX XXXXXXXX, - XXX\ 1 5 t h Street MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT October 7, 2008 AGENDA ITEM NO. 33 ITEM TITLE TEMPORARY USE PERMIT — Frank Motors Vehicle Storage Site located at the former RCP site at National City Blvd. from October 8, 2008 until the end of the CDC land lease (December 31, 2009) with no waiver of fees. This is a renewal of last year's TUP. PREPARED BY Vianey Rolon, 336-4364 DEPARTMENT Neighborhood Services Division EXPLANATION This is a request from Frank Motors to renew the TUP that allowed the use of the land at the former RCP site (APN #562-321-08-00) for vehicle storage. The lot is located on the 2400 block of National City Boulevard. Frank Motors would like to renew the TUP for a period of one year or, if council allows, a timeframe that coincides with the terms of the lease, which ends December 31, 2009. The facility rental for Frank Motors generates $6,334 on a monthly basis. Environmental Review X N/A Financial Statement Approved By: Finance Director The City has incurred $345.00 for processing the TUP. "Total cost: $345.00 Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval and no waiver of fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Application for a Temporary Use Permit with recommended approvals and conditions of approval. A-200 (9/99) CITY OF NATIONAL CITY NEIGHBORIHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Frank Motors EVENT: Vehicle Storage at APN #562-321-08-00 DATE OF EVENT: October 8, 2008 to December 31, 2009 TIME OF EVENT: N/A APPROVALS: PLANNING COMMUNITY SERVICES RISK MANAGER ENGINEERING PUBLIC WORKS F INAN('E FIRE COMMUNITY SERVICE POI.IC'E CITY ATTORNEY YES [ x ] NO [ ] YES[x] NO( YES [ x ] NO ] ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [x] NO ] ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [x] NO [ ] SEE CONDITIONS 1 x ] SEE CONDITIONS [ ] SEE ('ONDITIONS [ x SEE ('ONDITIONS [ ] SEE CONDITIONS 1 ] SEE CONDITIONS ( ] SEE CONDITIONS [ x 1 SEE CONDITIONS [ ] SEE CONDITIONS [ ] SEE CONDITIONS [ x CONDITIONS OF APPROVAL: PLANNING (619) 336-4310 Plans for any improvements i.e. fencing, lighting etc, shall he submitted to the Planning.and Building Dept. for review and approval. The property is in the Coastal Zone so a Coastal Development Permit will likely be required. CITY ATTORNEY I. Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City, Parking Authority, and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. FIRE (619) 336-4550 1. Access for Fire Department shall be maintained at all times. At no time shall fire lanes, fire hydrants, tire protection systems of all types etc. be obstructed at any time. A minimum of 20 feet wide shall be maintained for the use of fire lanes. A height of 13 feet 6 inches will be required which includes possible overhead electrical mentioned. 2. Lot shall have an all weather road capable of supporting the weight of a fire apparatus weighing 75,000.00 pounds or greater. 3. Area to be used for items that are listed only. Area shall not be used for the storage of hazardous material, or flammable and combustible liquids. 4. Request site plan reflecting parking plan and National City Fire Department access into and around inside of lot if changes are made to plan submitted on July 24, 2007. 5. All roadways leading into and through the project shall be of all weather construction and capable of supporting the weight of a fire apparatus. Please see City Engineering Department for requirements. RISK MANAGER (619) 336-4300 I've reviewed the application for the proposed use and note that the proposed long-term use involves City/CDC property' which does not currently appear to be utilized for any purpose. it does not appear there will be any impact on surrounding businesses and the applicant will make some improvements to the parcel The applicant organization, Frank Motors Inc, has signed the Hold I lanniess and Indemnification Agreement and provided an insurance certificate which is only partially acceptable at present: Specifically, current liability, excess and primary, as well as auto and garage liability policies expire 9/30/08, prior to the Council hearing. In addition, no separate additional insured endorsements (CGL and auto) in favor of the CDC and City have been provided. The applicant must be advised that language on the acord form, or certificate, is not legally binding on the insurers and therefore we also require that additional insured endorsements be requested and produced prior to inception of the use. if the policy has an automatic additional insured provision where required by written contract, we would need to see a copy of the policy language to that effect. Notably, the Workers' Compensation, employers' liability and auto physical damage coverages are already expired. We are only concerned with the Workers' Compensation and Employers' Liability policies and require evidence of current acceptable coverage. "There does not appear to he any undue liability exposure associated with this type of use. Provided the insurance requirements are satisfied prior io the proposed inception date, Risk Management does not object to the continuation of this TUP. The submissions should be directed to my office for review. -Ashley K. Fenton Daytime Phone /•,:;hint Event Hours: 7 J!prn to . _C - -_- ami) Setup/assembly/construction Date: 01'i 7r9PV4'•' tart tirne Type of Event: Public Concert Parade Motion Picture Fair Demonstration Grand Opening — Festival —_ Community Event Circus Block Party Other 64149 e sic - - - Event Title a G71 r t Z_ _=n-se- %1'l ()Atli TD-H7���trf Event Location: /I 5-‘,.1 / - CJo roem e /eel Si2z- JS0 ki=y5ieyv a%// to AS fie" a3 Ci* czlto.Js Event Date(s): From _ - Total Anticipated Attendance: ,.�/ Month/Day/Year ( —Participants) Spectators) I : v v ,9-.^ Please describe the scope of your setup/assembly work (specific details): "tf7' Ce- i _ e i S r �Cc 13iR� srCo 1 It�� t-c etc r Ci•tC-C71 6,1A9c , / a •' (4 it_ (y eibshc vC<!L %jam �v� ss 6<<' j/�'`' J Dismantle Date: Completion Time: am/pm List any street(s) requiring closure as a result of this event.' Include street name(s), day and tirne of closing and day and time of reopening. - � tr •ii�r•• .��.�'r. t!. . : -Ifr••. • ,,1•.•.• .'r r.t•.''—�• • 'Nos r . , •.• • r..•r_. •)'.) .. �•ji•-• •. . ii \• ',. A a :-i a : , 1 ,, . 1�.'....- • 1 I r-' 1ri•,' L. •:`..,-'•r •.`�••- - - ----1•rr'�.A•- r^''-‘--.;N...r.- -- ;�,•�'i ;� •r:. Sponsoring Organization t—,--7i/1rL C2TC-5 "J? C , For Profit Not -for -Profit Chief Officer of Organization 'N;rrrie J J47/7 /-e-2(4-T( /1-(14 C;AQe=s Appli,c,ant (Nrrie): Pe! 417'lJ/C-;. /170tO S JE/Z,2` C//L�✓�� F/kzir/cS CL) /�!ignew4C Oily- ,dZi20 e. 9/9J-) .� �� a/� 5 (l,'//) J- ��vi�r�inci Phone ( `� %%7»C (,;r. �) C/A/- 77517 ir!n 1 f'er:•on on jC%�/L� 4-/?LLvC7/ �',rtr.•t1,iy pith!' cyan'. -.. f Cr�ll,�trii i C: V-3 NOT[ THIS PERSON fv1UST [3E IN AT-LLND.ANCE f-OR -HE DURATION OF THE= EVENT AN(» IMMEDIATELY AVAIL ABLE 10 CITY OFFICIALS Is your organization a "Tax Exempt, nonprofit" organization? Are admission, entry, vendor or participant fees required? 1f YES, please explain the purpose and provide amount(s): YES IC NO YES N NO _Estimated Gross Receipts including ticket, product and sponsorship sales from this event. Estimated Expenses for this event. What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent unt.rrnauon aoout trte event. 1/46 7— tc' % Z ??-5erJ -4il__ i/fc1ru/5 1 i ICI e D e N6. e , C: r- 7Z) 6g 7,7/90 c/ E 60r-r CY3 /0 T CC Ts ? t/ T-716 l� �� , 2'- k J5,fsr- / % • PwP� /77 feit s, 0 4 //I OU&--Y‘ (let CAI AIL-3 ir 5 C - i r7 ��2ttn, 6,-(0 o 4/4 li the event involves Irie s..l(! r;l ;,rlr:;, will the cars come exclusively from Ni tiore C;ily c,ar dtt llr:r , If NO. li :I ,!ny additional dealers involved in the 0/0, <0144. • 71/07/06I 05 4.23.54 N. 72 IG 27"E G. 23. 3t 8 < SEES/- 4.0 1 : _, (..":,-.., i ',..,‹ ;,1 .:..,) -...z 321 ) < PM 665PAR 211 2<- C) OF 4- 'AS5i' -.6. \'-' C. 1 1. Y OF < i s 2 10.91A - OP QSEC 151 '/J 57e1.104; YES YES YES NO Does the event involve the sale or use of alcoholic beverages? NO Will heirs or services be sold at the event? If yes, please describe: _- CNO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route __YES NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. �� �p�.�-- 1 YES YES NO Does the event involve the use of tents or canopies? If YES: Number of tenUcanopies _ . Sizes NOTE. A separate Fire Department permit is required for tents or canopies. NO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: Alcoholic and Nonalcoholic Concession and/or Beer Garden areas Food Concession and/or Food Preparation areas Please describe how food will be served at the event: AI op 6 If you intend to cook food in the event area please specify the method: GAS ELECTRIC CH.ARCOAI OTHER (Specify). /4- Portable and/or Permanent Toile Facilities Number of portable toilets � (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) Tables and Chairs Fencing, barriers and/or barricades - Generator locations and/or source of electricity Canopies or tent locations (include tent/canopy dimensions) Y Booths, exhibits, displays or enclosures Scaffolding, bleachers, platforms. stages, grandstands or related structures Vehicles and/or trailers Other related event components not covered above "'rash containers and durnpsterf, (Note. You must properly dispose of wa ;te and garbage throughout the tern of your event and immediately upon conr.lursion of the event the area )rust be returned 10 a clean condition Number of Irtr:,h core, ✓Y %q` l .,rsh r:onta (e-,:, w•ilO !ufs l ir;�ail;rr your t t n tor clean-up ,eo; felrr)vrri of lunnc, trnd ,iltie tale r;verrl (4 Please describe your procedures for both Crowd Control and Internal Security: YES YNO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: YES Security Organization: Security Organization Address: Security Director (Name Phone NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Plea,,e indicate what arrannement vnu have made for orovidino First Aid Staffing and Equipment. /1/74- Please describe your Accessibility Plan for access at your event by individuals with disabilities• he 74— Please provide a retailed description of your PARKING plan. iv/ Please :Jescnt);: y:.ir plan tor DISABLE() PARKING N/4— event Please describe your plans to notify all residents. businesses and churches impacted by the A(//4' ll l o n r( 6 /,c, /Z 6(,v1---,1 7-4 4t e-v Ave - Cox NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. YES O Are there any musical entertainment features related to your event? if YES, please state the number of stages, number of bands and type of music. Number of Stages: Number of Bands: Type of Music: NO Will sound amplification be used? If YES, please indicate: Start time am/pni E rnish Time am/prn YES (\NO Will sound checks be conducted prior to the event" If YES, please indicate. SL1rl tlm e arn.''f;m 1 u u:,t; -lime arnipm Please describe the sound equipment that will he used for your event. __ Y.NO Fireworks, rockets, or other pyrotechnics? If YES, please describe YES NO Any signs. banners, decorations, special lighting? If YES, please describe. f'eve;ed ('Hi10/(P) Event: For Office Use Only Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kr�ltil'�enTr.�e�. f)ire•�:tor E3uildirrrt ;�;f� y [ iep.1rtrnen' ACORD CERTIFICATE OF LIABILITY INSURANCE OATS (MMID'JIYIYY) 10/2/2007 PRODUCER 858-391-0282 FAX: 858-391-0283 SU Insurance Services of San Diego 13400 Sabre Springs Pakrway, Suite 165 License # 0778092 San Diego CA 92128 INSURED Frank Motors, Inc. Frank Motors Toyota, Frank Motors Hyundai 2400 National City Blvd. National City CA 91950 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 INSURERA New Hampshire Ins. Co. NAIL # 23841 INSURER D Federal Insurance_ Co . 20281 _ INs1(RENCZenith Insurance 13269 INsuRERDUnderwriters at Lloyds INSURER F COVERAGES THE POLICIES OF INSURANCE LISTED BELOW REQUIREMENT, TERM OR CONDITION OF ANY THE INSURANCE AFFORDED BY THE POL AGGREGATE LIMITS SHOWN MAY HAVE BEEN HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, CIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. REDUCED BY PAID CLAIMS INSET LYR ADD'L SNSRD TYPE OF INSURANCE --_- POLICY NUMBER _-. POLICY EFFECTIVE DATE (MMIDDIYY) POLICY EXPIRATION DATE (MMIDD/YY) _ _ LIMITS GENERAL _- LIABILITY COMMERCIAL GENERAL I IAHII.IrY -, CLAIMS MADE .i OCCUR EACH 05:5;111212FNCI DAMAGE TO RENTED PREMISES Ea czcw c renc MED FX11Any one_Lee:.nn) . PERSONAL A Af)V INJURY 5 _ 5- -_ 5 5 5 _. .. ...—..—__ GFN'L. .. AGGRIOAI F LIMIT APPLIES PER r PMc). I POLICY I 1 JECT I I LOC OENERAI AG(;12FGATE PRODUCTS - COMP AG(.: COMP/OP .._ ._.__ .... __. _.. AUTOMOBILE _ X LIABILITY ANY AU TO COMBINED SINGLE LIMEF (Ea accident) 5 1,000,000 5 5 5 A _ _ J - ALL OWNED AUTOS SCHEDULED AUTOS AIRED AUTOS NON OVJNE.0 AUl US —.—_. - 01LX06553154 9/30/2007 9/30/2008 EOOIL1' LNJURY (Per pawn) BODILY INJURY (Per amcdent) PROPERTY DAMAGE (Per amdemt) GARAGE LIABILITY AUTO ONLY_ 1-A ACCIDENT 5 1,000,000 _5_1,000, 000 5 3,000,000 A -.X ANY AUTO 01LX06553154 9/30/2007 9/30/2008 DINE R THAN .EAAI;C AllfO ONLY AGG EXCESS/UMBRELLA LIABILITY FACN OCCURRENCE 5 9, 000 , 000 X-1 OCCUR [ CLAIMS MAUI AGGREGATE § 9,000,000 5 f v .. _] -_ B DEDUCTIBLE RETENTION S 79423850 9/30/2007 9/30/2008 C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNF-WEXI:C'JIIVE WT' STAMIILLIti1- [FR OI11 - X�Ipf2YLI E I EACH ACCIDENT - --------- 51,000,000 5 1,000,000 1 , 000,000 OFFICER/MEMBER EXCLUDED? Et yes clescobe under SPECLAI PROVISIONS bek,w Z066121903 7/1 /2007 7/1/2008 F.- DISEASE FA EMPLOYEE E.I DISEASE POLICY LIMIT D OTHER AUTO PHYSICAL DAMAGE AUTO PD EXCESS ADPD--117/05 9/30/2006 9/30/2006 11/30/2007 1.1/30/2007 DESCRIPTION OF OPERATIONSfLOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS *10 days for non-payment of premium. Corrartunity Development of the Clty of National Clty, Clty of National City, and their officers, agents, and employees are listed as additional insureds. RE: 720 23rd Street, National City, C.A. CERTIFICATE HOLDER CANCELLATION Community Development of National City 1243 National City Blvd. National City, CA 91950-4397 ACORD 25 (2001/08) INS025 (own) UBa SHOUT n ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE: THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL *30DAYS WRITTEN NOTICE TO Tiff CFRTIFICA71: HOLDER NAMED 70 THE LEFT, BUT FAILURE TO DO SO SIIAI.L IMPOSE NO OBI IGATION OFT LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS Oli REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Richard P.lestla/P.1CFI/\ O ACORD CORPORATION 1988 Pape 1 d 2 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. �� 1 y( Organization fi-1 t ©ir S Person in Charge of Activity J �� �Lt t^ 1 Address ._.._� �CO .._ \G--rk CC 6 l-U0 Telephone (P 101 -'v-) -(433 6 Date(s) of Use HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold formless the City of National City and the Parking Authority and its, officers, employees and agents from and against any a.and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taker rm ler Ibe i mitpermittee or its agents, employees or contractors. Sugnatureof tale 93 1 or ()/+ (:erti(i o1 ;rrr,if1 ('.,N,I Date Non-profit organizations, which meet the criteria on page v of the instructions, will hf; consic 'red for a waiver. If you would like to request a waiver of the processing ees, please complete the questionnaire below. 1. Is the ent for which the TUP is sought sponsored by a non-profit • organiza on? Yes (p oceed to Question 2) No (Pleas sign the form and submit it with the TUP Applica . on) 2. Please state the nar - and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring . ganization Type of Organization (Service. Club, Church, Social Service Agency, etc 3. Will the event generate net income o oroceeds t the sponsoring organization? Yes (Please proceed to Question 4) No (Please sign the form and submit it wit the TUP Application) 4. Will the proceeds provide a direct financial benefit to , .1 individual who resides in or is employed in the city, and who is in . ire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. No (Please proceed to Question 5) 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. No (Please proceed to Question 6) / 6. Will the proceeds provide a direct financial benefi to a service club, social services agency, or other secular non -pro it organization located within the city such as Kiwanis, Rotary Lions, Boys and Girls Club? Yes (Please provide an explanation and details. No (Please proceed to Quest 7. Will the proceeds provide a dir/ct financial benefit to an organization, which has bee the direct recipient of Community Development Block Grant (DBG) funding? Yes Year funds Funds were used to Signature re received: No (P le se sign the form and submit it with the TUP A. ilication) Date City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT AEETING DATE October 07, 2008 AGENDA ITEM NO. 34 ('rEM TITLE Warrant Register for the period of 08/29/08 through 09/18/08 in the amount of $751,466.42 PREPARED BY Rizza Dela Cuadra DEPARTMENT Finance Accountant Jeanette Ladrido EXPLANATION (619) 336-4331 The Finance Department has implemented a policy to provide explanation of all warrants above $50,000.00. Vendor Check# Amount Explanation Various S8 Owners various $693,301.77 Housing Assistance Payments See attached report. Environmental Review ✓ N/A Approved by: Financial Statement o, Finance Director 1 nette Ladrido, Account No. N/A STAFF RECOMMENDATION Ratification of warrants in the amount of $751,466.42 BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Ratification of Expenditures for the period 08/29/08 THROUGH 09/18/08 A-200 (9/80) Payee FOR MEETING OF OCTOBER 07, 2008 WARRANT REGISTER FOR PERIOD: 08/29 - 09/18/08 Description Chk No Amount REDEVELOPMENT FUND (.'1'IY OF NATIONAL CITY CITY OF NATIONAL CITY MOTIVATIONAL SYSTEMS INC PALMER PAINTING SMART & FINAL VERONICA TAM & ASSOCIATES SECTION 8 HOUSING ASSISTANCE PAYMENTS U. S. HEAL'I'IIWORKS MEDICAL GRP. REIMBURSEMENT OF CDBG EXPENSES. 06.08 MAINTENANCE OF CDC PROPERTIES PROFESSIONAL SERVICES PAINTING - KIMBALL HOUSE HEALTHY HOMES SUPPLIES IDIS SET UP 04/22 - 06/27/08 SUBTOTAL -REDEVELOPMENT MANUAL PAYMENTS MEDICAL EXAM - T RATHBUN SUBTOTAL - SECTION 8 18244 18245 18247 18248 18249 18250 Various 10479 47,477.11 4,641.23 2,693.75 1.975.00 15.92 1,076.25 57,879.26 S 693,301.77 285.39 $ 693,587.16 TOTAL OF ALL FUNDS: $ 751,466.42 COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT National City, California MEETING DATE October 7, 2008 35 AGENDA ITEM NO. (-- ITEM TITLE Resolution of the Community Development Commission of the City of National City approving the transfer of funds in the not -to -exceed amount of $295,000 from the Tax Increment Undesignated Fund Balance to the National City Former Library Remodel Project for additional work to complete the National City Former Library project. PREPARED BY Din Daneshfar DEPARTMENT Engineering EXPLANATION See attached explanation. Environmental Review Financial Statement Approved By The funds will be transferred Account No. 511-2501(Tax Increment Undesignated Fun Balance) 511-409-500-598-3734 (National City Former Library Remodel Project). Account No. to Account No. STAFF RECOMM D TION Adont the Resoluti BOARD / COMMISSION RECO'MME ,IDATION N/A ATTACHMENTS Resolution No. 1. Explanation 2. Exhibit "B" A-200 (9/80) EXPLANATION: On January March 4, 2008 a contract was awarded to M.A. Stevens Construction, Inc. to remodel the National City former Library. The project consists of general interior improvements to create office, storage and rehearsal spaces, workshop reading rooms and museum. The work included interior demolition, wall construction, finishes, Heating, Ventilating and Air Conditioning (HVAC), mechanical, electrical, and American with Disabilities Act (ADA) compliance. Approval of this resolution will transfer funds in the amount of $295,000 (not -to -exceed) to the project expenditure account to cover the anticipated Change Orders (Exhibit "B"). During the design work there were no record drawings available to indicate the existing conditions of the old library building. The design plans were based on the building surface evaluation. The following additional work was discovered during the demolition of the building that was not included in construction plans. The additional work includes roofing at new HVAC curb adaptors, roofing revisions of new drains, new roofing over lobby area, installation of drywall draft stop, roof drain system installation, floor patch and leveling, 1-IVAC modifications, door hardware, redesign of fire alarm system, structural steel framework in lobby, lobby ceiling revision, extension of overhead, demolition of existing roof curb assembly and installation of new roof curbs, and framing/demolition for new roofing over lobby area. The additional work will also include the Change Order No. 36 for the installation of a Fire Sprinkle System that will cover the entire building area including the longshoreman side. The work was required by the Fire Department to meet the building/fire code. The anticipated work will also include "Additional Modifications to Museum", Changer Order No. 38. The work will modify the exiting fluorescent lights to more appealing and decorative track lights and the entrance door to the glass front door at the former historic room area. The total requested amount in this resolution is approximately $295,000 that includes the actual cost for the required work to complete the project at $248,481.20 and approximately 18% for contingencies at $44,726.61. The funds will be transferred Account No. 51 1-2501(Tax Increment Undesignated Fund Balance) to Account No. 511-409-500-598-3734 (National City Former Library Remodel Project). RESOLUTION NO. 2008 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APPROVING THE TRANSFER OF FUNDS IN THE NOT -TO -EXCEED AMOUNT OF $295,000 FROM THE TAX INCREMENT UNDESIGNATED FUND BALANCE TO THE NATIONAL CITY FORMER LIBRARY REMODEL PROJECT FOR ADDITIONAL WORK TO COMPLETE THE NATIONAL CITY FORMER LIBRARY REMODEL PROJECT WHEREAS, on March 4, 2008, the City Council adopted Resolution No. 2008-43 awarding a contract in the total amount of $1,108,000 to M.A. Stevens Construction, Inc., for the National City Former Library Remodel Project; and WHEREAS, because the design plans for the remodel were based on a surface evaluation due to no record drawings being available to indicate the existing condition of the old library building, additional work was discovered during the demolition phase of the project that was not included in the remodel construction plan; and WHEREAS, the additional work will also include the installation of a fire sprinkler system, which is required to meet the Building Code and Fire Code requirements, and additional modifications to the museum to modify both the existing fluorescent lights to more appealing and decorative track lights and the entrance door to the glass front door at the former historic room area; and WHEREAS, the appropriation and transfer of additional funds in the not -to - exceed amount of $295,000 from Tax Increment Undesignated Fund Balance Account No. 511- 2501 to National City Former Library Remodel Project Account No. 511-409-500-598-3734 is necessary for the work necessary to complete the Project. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby authorizes the following appropriation and transfer of funds: FROM: Account No. 511-2501 Tax Increment Undesignated Fund Balance TO: Account No. 511-409-500-598-3734 National City Former Library Remodel Project TOTAL AMOUNT: Not -to -exceed $295,000 PURPOSE: Additional work to complete the National City Former Library Remodel Project. -- Signature Page to Follow -- Resolution NO. 2008 — October 7, 2008 Page 2 PASSED and ADOPTED this 7th day of October, 2008. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III City Attorney Natiou iy Library Remodel Project No,: 03.1.tiATL.0001 ANTICIPATED CONTRACT CHANGE ORDER LOG EXHIBIT DATE: September 5. 2008 CO's Pending the re -funding of the project contingency. C.O. NO. DESCRIPTION DATE i STATUS RECEIVED P.C.O. NO. COST IMPACT SCHEDULED IMPACT 25 Rootinu for 4 new HVAC curb adaptors 9 3 08 Pending 30R S3.453.70 0 Days 26 IZooling revision of 3 roof drains RFI =062r ASI �10 9 3 08 Pendin` 31 S 2,984.50 0 Days 2 % New roof over old dark room; new lobby. HVAC curb and downspout 9;.3.08 Pending 32 S6,248.30 0 Days 28 Install drywall draft stop at lobby 9,3 08 Pending 33 S1,230.48 1 Days 29 New roof drain system 9.3 08 Pending 34 S 10.896.70 0 Days 30 Floor patch and leveling 9.3 08 Pending 35 S1,933.10 1 Days 31 HVAC Modification 9308 Pending 36 S28,01220 10 Days 32 Door Hardware 9'3 08 Pending 3' S8,996.40 0 Days 33 34 Re -design fire alarm system Structural Steel framework in lobby 9'3 08 Pending 38 9•3 08 Pending 39 S 17,787.08 S 1,927.80 5 Days 0 Days National City Library Remodel Project No.: 031.NATL.0001 ' } 5 ANTICIPATED CONTRACT CHANGE ORDER LOG 35 Lobby ceiling revisions 9'3'0S Pending 40 L S2,380.00 0 Day 36 Sprinkler System 9/3/08 Pending 41 S 129.493.08 15 Days 37 Extended overhead 9/3/08 Pending 42 S 10,200.00 0 Days 38 Museum Mods. 9 "312'08 Pending 43 S22.937.86 1 Days 1 Nationa' -ity Library Remodel Project ..0.: 031.NATL.0001 ANTICIPATED CONTRACT CHANGE ORDER LOG Total S248,481.20 Total Schedule Impact 47 Working Days City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE October 7, 2008 AGENDA ITEM NO. 36 (ITEM TITLE A resolution approving a Disposition and Development Agreement with San Diego Habitat for Humanity Inc for an affordable housing project to be located at 1820 G Street. PREPARED BY Patricia Beard (ext 4255) Redevelopment Manager DEPARTMENT Redevelopment Housing and Grants EXPLANATION The Community Development Commission ("CDC") acquired the 15,246 square feet parcel at 1820 G Street using $875,000 in HOME funds from the US Department of Housing and Urban Development ("HUD") for the purpose of developing an affordable housing project on the site. HUD requires that a certified Community Housing Development Organization ("CHDO") be selected as the developer. Since the 2004 CDC acquisition, a competitive recruitment for such a qualified CHDO was conducted and San Diego Habitat for Humanity was selected for the project. This Agreement would allow transfer of the land to Habitat for Humanity for the price of $1 for the development of eight (8) two-story for sale townhomes to be sold as affordable to buyers earning at or below 60-percent Average Median Income ("AMI") as defined by HUD and to be restricted in price to remain affordable to those earning at or below 60-percent of AMI for a period of 45 years. An additional subsidy of $835,000 would also be provided to achieve the desired affordability levels - $335,000 in FY 08-09 HOME funds allocation and $500,000 in prior year HUD HOME funds. ( Environmental Review Review per the California Environmental Quality and National Environmental Protection Acts were approved by the City Council on October 7, 2008. Financial Statement The property located at 1820 G was acquired by the CDC for $875,000 using HUD HOME funds. The sale of the property to San Diego Habitat for Humanity will be for $1. An additional $835,000 will be provided - $335,000 in allocated HOMfurtds and $500,000 in prior year HUD HOME funds. Account No. 5 62-650-3738 STAFF RECOMMENDATION Adopt the resolution. BOARD / COMMISSION RECOMMENDATION The Planning Commission unanimously approved the project at its meeting of September 15, 2008. STRATEGIC GOAL 6c. Develop affordable housing by leveraging 20-percent TIF set aside, HOME funds, and other affordable housing financing programs. ATTACHMENTS 1. Proposed DDA 2. Project proforma Resolution No. RESOLUTION NO. 2008 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APPROVING A DISPOSITION AND DEVELOPMENT AGREEMENT WITH SAN DIEGO HABITAT FOR HUMANITY TO DEVELOP AN AFFORDABLE HOUSING PROJECT AT 1820 G AVENUE WHEREAS, the Community Development Commission of the City of National City ("CDC") is implementing the Redevelopment Plan for the National City Redevelopment Project; and WHEREAS, the CDC acquired the property located at 1820 G Avenue using $875,000 in federal HOME funds to develop an affordable housing project; and WHEREAS, San Diego Habitat for Humanity is a certified Community Housing Development Organization qualified to develop an affordable housing project utilizing federal HOME funds, and was selected on December 19, 2006, by the CDC to develop said property; and WHEREAS, the CDC desires to partner with San Diego Habitat for Humanity by transferring title to the property at the price of one dollar; and WHEREAS, the CDC further desires to assist San Diego Habitat for Humanity to develop eight for -sale townhomes affordable to families earning 60-percent of the Area Median Income as defined by the U.S. Department of Housing and Urban Development by clearing the property of existing structures, providing $335,000 in Fiscal Year 2008-2009 HOME funds, and providing $500,000 in prior year HOME funds; and WHEREAS, San Diego Habitat for Humanity has worked diligently to process land use entitlements and permits for the project; and WHEREAS, on September 15, 2008, the National City Planning Commission recommended approval of the Project; and WHEREAS, on October 7, 2008, the City Council of the City of National City approved the project and review of the project per the California Environmental Quality Act and the National Environmental Protection Act. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby authorizes the Chairman to execute a Disposition and Development Agreement with San Diego Habitat for Humanity to develop an affordable housing project at 1820 G Street, National City. -- Signature Page to Follow -- Resolution No. 2008 — October 7, 2008 Page 2 PASSED and ADOPTED this 7th day of October, 2008. Ron Morrison, Chairman ATTEST: Brad Rauiston, Secretary APPROVED AS TO FORM: George H. Eiser, III City Attorney Attachment 1 DISPOSITION ANI) DEVELOPMENT AGREEMI+',NT By and Between the C;OMMUNI'1'Y DEVELOPMENT COMMISSION OF TIIE CITY OF NATIONAL CITY and SAN DIEGO HABITAT FOR HUMANITY, INC. 1 C:\Documents and Settings\kareny\[.ocal Settings\Temporary Internet Files \C)LKEA\D[)A v2 1820 ( d(x: TABLE OF CONTENTS Page. 100. DEFINITIONS 6 200. CONVEYANCE OF THE SITE 13 201. Purchase Price Error! Bookmark not defined. 202. Developer's Promissory Note 13 202.1 Principal and Interest 13 202.2 Repayment of the Developer Note 13 202.3 Default .25 203. Escrow 14 203.1 Costs of Escrow 14 203.2 Escrow Instructions 14 203.3 Authority of Escrow Agent 15 203.4 Closing 16 203.5 Termination 16 203.6 Closing Procedure 16 204. Review of Title "30 205. Title Insurance 17 205.1 Developer Title Policy 17 205.2 CDC Title Policy 18 206. Conditions of Closing 32 206.1 CDC's Conditions of Closing 32 206.2 Developer's Conditions of Closing 19 207. Representations and Warranties. 35 207.1 CDC Representations 35 207.2 Developer's Representations 21 208. Studies and Reports 72 209. Condition of the Site. 22 209.1 Disclosure 22 209.2 No Further Warranties As To Site 22 209.3 Developer Precautions After Closing 22 209.4 Required Disclosures After Closing 22 209.5 Developer Indemnity 23 300. DEVELOPMENT OF rniE SITE 23 301. Scope of Development 23 302. Design Review 23 302.1 Concept Drawings 23 302.2 CDC Review and Approval 2:3 :302.3 Standards for Disapproval 24 :302.4 Revisions 24 302.5 Defects in Plans 24 303. Land Use Approvals 24 304. Schedule of Performance 25 305. Cost of Construction 25 306. Insurance Requirements 25 C: \Documents and Settings\kareny\D3cal Settingsaemporary Internet Files\OLKEA\DDA v2 1820 Gdoc 2 307. Developer's Indemnity 26 308. Rights of Access 26 309. Compliance With Laws 26 309.1 Nondiscrimination in Employment '?7 309.2 "Taxes and Assessments 27 309.3 Liens and Stop Notices 77 310. Completion of the Project 28 311. Release of Construction Covenants 28 312. Financing of the Improvements ")8 312.1 No Encumbrances Except Mortgages or Deeds of Trust ?8 312.2 Right of CDC to Cure Mortgage or Deed of Trust Default 29 400. COVENANTS AND RESTRICTIONS 79 401. Use in Accordance with Redevelopment Plan 29 402. Buyer Assistance 79 403. Affordable Units 30 403.1 Developer Covenants Concerning Affordable Units 30 403.2 Timing 30 403.3 Execution and Recordation of the Declaration 30 403.4 45-Year Affordability .30 403.5 No Sales to Related Parties .31 403.6 CDC Consent to Sales 31 404. Maintenance Covenants 31 405. Obligation to Refrain from Discrimination 31 406. Nondiscrimination Covenants 31 407. Effect of Violation of the Terms and Provisions of this Agreement After Completion of Construct ion 32 500. DEFAULTS AND REMEDIES 32 501. Default Generally "32 502. Institution of Legal Actions 33 503. "Termination by Developer 33 504. Termination by CDC 33 505. Reentry and Revesting of "Title in CI)C After the Closing and Prior to Completion of Construction 33 505.1 Right of Reentry 34 505.2 Limitations on Right of Reentry 34 505.3 Right of Reentry Referenced in Grant Deed 34 505.4 Resale by CDC After Revesting 34 505.5 Application of Resale Proceeds 34 506. Acceptance of Service of Process 35 507. Rights and Remedies are Cumulative 35 508. Inaction Not a Waiver of Default 36 600. (IFNI:KAI. PROVISIONS 36 601. Notices, 1)einan(is and Communications Between the Parties 36 602. Enforced Delay; Extension of 'Times of Performance 36 603. "Transfers of Interest in Site or Agreement 37 (' \Documents and Settings\kareny\I,ocai Settinps\Tentporary Internet files\OLKFA\1)DA v2 1820 Gdoc 604. 605. 606. 607. 608. 609. 610. 611. 612. 613. 614. 615. 616. 617. 618. 619. 620. 621. 622. 623. 603.1 Prohibition 37 603.2 Permitted "Transfers 37 603.3 Successors and Assigns 38 603.4 Assignment by CDC 38 Non --Liability of Officials and Employees of CDC and Developer 38 Relationship Between CDC and Developer 38 CDC Approvals and Actions "38 Counterparts 38 Integration 38 No Real Estate Brokerage CDCs 39 Attorneys' Fees 39 Titles and Captions Interpretation No Waiver 39 39 39 Modifications Severahility 39 39 Computation of Time Legal Advice 39 40 Time of Essence Cooperation 40 40 Conflicts of Interest Exhibits Attachments Applicable Law Authority to Sign Attachment No. 1 Attachment No. 2 Attachment No. 3 Attachment No. 4 Attachment No. 5 Attachment No. 6 Attachment No. 7 Attachment No. 8 Attachment No. 9 Attachment No. 10 Attachment No. 11 Attachment No. 12 Attachment No. 13 40 and Recitals Incorporated 40 40 41 AT"TACTIMENTS Developer Note Developer Deed of "Trust Grant Deed Release of Construction Covenants Schedule of Performance Scope of Development Site Plan Site legal Description Proforma Resale Restriction Agreement Affecting Real Property Environmental Indemnity Notice of Affordability Restrictions C:\Documents and Settings\karmy \I..ocal Sett ingsVremlorary Internet Files\OL.KLA\DDA v2 1820 G.doc 4 DISPOSITION AND DEVELOPMENT AGREEMENT THIS DISPOSITION AND DEVELOPMENT AGREEMENNT ("Agreement") is entered into this .__ clay of , 2008 by and between the Community Development CDC of the City of National City, a public body, corporate and politic ("CDC"), and San Diego Habitat for Humanity, Inc., a California nonprofit corporation ("Developer"). RECITALS A. In furtherance of the objectives of the California Community Redevelopment Law, CDC and Developer desire to redevelop a certain approximately 15,625 square foot parcel located in the National City Redevelopment Project (the "Project") at 1820 G Street in the City of National City, County of San Diego, California (the "Site"), which is more particularly described on the Site Legal Description, as defined below. The CDC currently owns the Site. 'l'he Site is unimproved. B. CDC and Developer desire by this Agreement for CDC to agree to sell the Site to Developer and for Developer to agree to construct on the Site eight (8) two-story for -sale townhomes (the "Affordable Units"), as set forth on the Site Plan attached hereto as Attachment No. 7, together with certain off -site improvements (collectively, the "Improvements"). C. The CI)C purchased the Site with I IUD HOME funds. Such funds are to be used solely for the construction, use and occupancy of affordable housing in accordance with 24 Code of Federal Regulations Part 92. Developer and the CDC agree to take any and all steps necessary to ensure compliance with the HUD HOME program, including without limitation compliance with 24 Code of Federal Regulations Part 92. The CDC agrees to sell the Site to Developer for the sum of One and No/100 Dollars ($1.00) (the "Purchase Price") and to provide gap funding to assist in development of the Affordable Units, as defined below, in the original amount of up to Eight I fundred Thirty -Five Thousand and No/100 Dollars ($835,000.00) (the "Developer Note"). D. i_Jpolr the timely completion of the Affordable Units in accordance with this Agreement, the Developer Note will be partially forgiven and the remaining balance will convert to first-time homebuyer loans to Low -Income Households to assist those Low -Income Households 'with the purchase of Affordable Units, as provided in more detail herein. A portion of the Developer Note will he assumed by each eligible low income purchaser of an Affordable Unit, concurrently with the purchase of an Affordable Unit. At such time the purchaser of the Affordable Unit shall execute a promissory note in favor of the CDC (the "First -"Time Ilomebuyer Note"), in an amount to he determined as set forth in this Agreement. The Affordable Units shall also be subject to a Resale Restriction in the form set forth herein as Attachment 10, secured by a deed of trust. The First -Time Homebuyer Notes shall not require monthly payments and will be due and owing only upon sale, transfer, further encumbrance, refinancing, the failure of the Low -Income I fouseholds to occupy the Affordable Unit, or other transfer, as defined in the First -Time I Iomebuyer Note and Resale Restrictions. The initial sale price of the Affordable Units shall not exceed the Maximum Purchase Price, as defined below. 5 C:\Documents and Settings\kareny\r.;x:al Settings\rernporary Inienict Piles\oLKEA\DDA v2 1820 G.doc I;. CDC's sale of the Site to Developer and Developer's purchase of the Site and construction of the Improvements on the Site pursuant to the terms of this Agreement, are in the vital and hest interest of the City and the health, safety, morals and welfare of its residents, and in accord with the public purposes and provisions of applicable state and local laws and requirements under which the redevelopment of the Project has been undertaken. F. The qualifications and identity of Developer, and its principals, are of particular concern to the community and CDC. Developer further recognizes that it is because of such qualifications and identity that CDC is entering into the Agreement with Developer. No voluntary or involuntary successor in interest of Developer shall acquire any rights or powers under this Agreement except as expressly set forth herein. NOW. THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, CI)C and Developer hereby agree as follows: 100. Definitions. "Affordable Units" shall mean the eight (8) two-story for -sale townhomes, whose sale and occupancy are restricted as specified in this Agreement and the Resale Restriction. Developer shall ensure that each of the Affordable Units meets all of the requirements set forth in Code of Federal Regulations §92.254(a). Each of the Affordable Units shall initially be sold only to a First -Time Hornehuyer that is a Low -Income I lousehold for an amount less than or equal to the then applicable Maximum Purchase Price. "Agreement" means this Disposition and Development Agreement between CI)C and Developer. "Agreement Affecting Real Property" shall mean the Agreement Affecting Real Property to be recorded against the Site upon Closing, substantially in the form attached to this Agreement as Attachment No. 11. "Area Median Income" shall mean the area median income defined by the Department of Housing and [Urban Development (HUD) as the then current area median income for the San Diego Standard Metropolitan Statistical Area, established periodically by MUD and published in the Federal Register, as adjusted for family size. In the event HUI) ceases to publish an established area median income as aforesaid, CI)C may, in its sole discretion, use any other reasonably comparable method of computing area median income. "CDC" means the Community Development CDC of the City of National City, CDC, a public body, corporate and politic, exercising governmental functions and powers and organized and existing under Chapter 2 of the Community Redevelopment I_aw of the State of California, and any assignee of or successor to its rights, powers and responsibilities. "CDC's Conditions Precedent" means the conditions precedent to the Closing to the benefit of CDC, as set forth in Section 207.1 hereof. 6 C:\Documents and Settings'kareny\Local Settings\Ternporary Internet Files\O1.KEA\UDA v2 1820 G.doc "CDC 'Title Policy" is defined in Section 206.2 hereof. "City'' rneans the City of National City, a California municipal corporation. "Closing" means the close of Escrow for the conveyance of the Site from CI)C to Developer, as set forth in Section 204.4 hereof. "Closing Date" means the date of the Closing as set forth in Section 204.4 hereof. "Concept Drawings" means the plans and drawings to be submitted and approved by CDC, as set forth in Section 302.1 hereof. "Conditions of Title" is defined in Section 205 hereof. "Construction Deed of 'Trust" means any deed of trust recorded against the Site for purposes of obtaining construction financing for the Site. "Construction Drawings" means the plans and drawings to be submitted and approved by CI)C, as set forth in Section 302.3 hereof. "Construction Lender" means the beneficiary under the Construction Deed of 'Trust. "Date of Agreement" means the date upon which this Agreement shall have been signed by CDC. "Default" means the failure of a party to perform any action or covenant required by this Agreement within the time periods provided herein following notice and opportunity to cure, as set forth in Section 501 hereof. "Developer" means San Diego I labitat for I lumanity, Inc., a California nonprofit, public benefit corporation. Where the term Developer is used herein, such term shall include any permitted nominee, assignee or successor in interest as herein provided. "Developer's Conditions Precedent" means the conditions precedent to the Closing to the benefit of Developer, as set forth in Section 207.2. "Developer Deed of Trust" means the deed of trust securing the Developer Note, in the form and format attached hereto as Attachment No. 2, which shall be subordinated to any Construction Deed of Tnist, such subordination shall be in a form acceptable to the CDC' in its reasonable discretion. "Developer Note" means the recourse promissory mote, in the form and format attached hereto as Attachment No. 1, executed by Developer in favor of CDC. 7 C:\Documents and Settings\kareny\Local Settings\Temporary Internet Files\OL.KFA\DDA v2 1820 G.doc "Developer Title Policy" is defined in Section 206.1 hereof. "Environmental Indemnity" shall mean the Unsecured Environmental Indetrulity Agreement to be executed by Developer and CDC at Closing, substantially in the form attached to this Agreement as Attachment No. 12. "Environmental Iaws" means any federal, state or local law, statute, ordinance or regulation pertaining to environmental regulation, contamination or cleanup of any Hazardous Materials, including, without limitation, (i) the California Hazardous Waste Control Act (California IIcalth and Safety Code §25100 et seq.), (ii) the Carpenter -Presley -Tanner Hazardous Substance Account Act (California Ilealth and Safety Code §25300 et seg.), (iii) the Ilazardous Materials Release Response Plans and Inventory (California Health and Safety Code §25500 et seq.), (iv) Underground Storage of Hazardous Substances (California Health and Safety Code, §25280 et seq.), (v) Article 9 or Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20, (vi) the Safe Drinking Water and "Toxic Enforcement Act (California Ilealth and Safety Code, §25249 et seq.), (vii) the Porter -cologne Water Quality Control Act (California Water Code, § 13000 et seq.), (viii) the Federal Water Pollution Control Act (33 U.S.C_ §1271 et seq.), (ix) the Resource Conservation and Recovery Act (42 U.S.C. §6901 et seq.), (x) the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. §9601 et seq.), (xi) the Safe Drinking Water Act (14 U.S.C. §300f et seq.), (xii) the Hazardous Materials Transportation Act (49 U.S.C. §5101 et seq.), (xiii) the Toxic Substances Control Act (15 U.S.C. §2601 et seq.), (xiv) the Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C. § 136, et seq.), (xv) the Clean Air Act, 42 tJ.S.C. (§7401 et seq.) or (xvi) any state or federal hen or "superlien" law, any environmental cleanup statute or regulation, or any permit, approval, authorization, license, variance or permission required by any governmental authority having jurisdiction. "Escrow" is defined in Section 204 hereof. "Escrow Agent" is defined in Section 204 hereof. "Exceptions" is defined in Section 205 hereof. "First -Time Homebuyer" means a purchaser (a) that has not owned a home within the three-year (3-year) period immediately preceding the date of the purchase of the Affordable Unit, (h) a displaced homemaker; or (c) a single parent. "First -'time Homebuyer Note" means the promissory note in favor of the CDC to be executed by each Low -Income Household purchaser of an Affordable Unit, which shall he on terms and conditions acceptable to the CDC in its sole discretion. "Governmental Requirements" means all laws, ordinances, statutes, codes, rules, regulations, orders and decrees of the United States, the state, the county, the City, or any other political subdivision in which the Site is located, and of any other political subdivision, agency or instrumentality exercising jurisdiction over CDC, Developer or the Site. C::\Documents and Settings\kareny\Local Settings\Temporary Internet Files\OLKEA\DDA v2 1820 G.doe 8 "Grant Deed" means the grant deed for the conveyance of the Site from CDC to Developer, in the form of Attachment No. 3 hereto which is incorporated herein. "I lazardous Materials" means: (a) "Those substances included within the definitions of "hazardous substance," "hazardous waste," "hazardous material," "toxic substance," "solid waste," "pollutant" or "contaminant" in the Comprehensive Environmental Response, Compensation and liability Act of 1980 (42 U.S.C. §9601 et seq.); the Resource Conservation and Recovery Act (42 U.S.C. §6901 et seq.); the Clean Water Act (33 U.S.C. §2601 et seq.); the Toxic Substances Control Act (15 U.S.C. §9601 et seq.); the Hazardous Materials Transportation Act (49 U.S.C. § 1801 et seq.); or under any other Environmental Laws; (h) Those substances included within the definitions of "Extremely I lazardous Waste," "Hazardous Waste," or "Restricted Hazardous Waste," under §§25115, 25117 or 25122.7 of the California Ilealth and Safety Code, or is listed or identified pursuant to §§25140 or 44321 of the California I lealth and Safety Code; (c) "Those substances included within the definitions of "(lazardous Material", "Hazardous Substance", "Hazardous Waste", ""Toxic Air Contaminant", or "Medical Waste" under §§25281, 25316, 25501, 25501.1, 25023.2 or 3965.5 of the California health and Safety Code; (d) ]hose substances included within the definitions of "Oil" or a "Hazardous Substance" listed or identified pursuant to §311 of the hederal Water Pollution Control Act, 33 U.S.C. §1321, as well as any other hydrocarhonic substance or by-product; (e) Those substances included within the definitions of "Hazardous Waste," Extremely Hazardous Waste," or an "Acutely Hazardous Waste" pursuant to Chapter 11 of Title 22 of the California Code of Regulations; (f) "('hose substances listed by the State of California as a chemical known by the State to cause cancer or reproductive toxicity pursuant to §25249.9(a) of the California Ilealth and Safety Code; (g) "Those substances or defined as a "(Iazardous Waste," Extremely Hazardous Waste," or an "Acutely Hazardous Waste" pursuant to Chapter 11 of "Title 22 of the California Code of Regulations; (h) Any material which due to its characteristics or interaction with one or - more other substances, chemical compounds, or mixtures, damages or threatens to damage, health, safety, or the environment, or is required by any law or public agency to be remediated, including rernediat.ion which such law or public agency requires in order for the property to be put to any lawful purpose; 9 C:\Documents and Settings\kareny\L.ocal Settings\Temporary Internet Files\OLKEA\DDA v2 1820 Q.doc (i) Any material whose presence would require remediation pursuant to the guidelines set forth in the State of California Leaking Underground Fuel Tank Field Manual, whether or not the presence of such material resulted from a leaking underground fuel tank; (j) Pesticides regulated under the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. §136 et seq.; (k) Asbestos, PCBs, and other substances regulated under the Toxic Substances Control Act, 15 U.S.C. §2601 et seq.; (1) Any radioactive material including, without limitation, any "source material," "special nuclear material," "by-product material," "low-level wastes," "high-level radioactive waste," "spent nuclear fuel" or "transuranic waste," and any other radioactive materials or radioactive wastes, however produced, regulated under the Atomic Energy Act, 42 U.S.C. §§201 1 et seq., the Nuclear Waste Policy Act, 42 U.S.C. §§ 10101 et seq., or pursuant to the California Radiation Control Law, California Health and Safety Code §§25800 et seq.; (in) Any material regulated under the Occupational Safety and Health Act, 29 U.S.C. §§65l et seq., or the California Occupational Safety and Health Act, California Labor Code §§6300 et seq.; (n) Any material regulated under the Clean Air Act, 42 U.S.C. §§7401 et seq. or pursuant to Division 26 of the California Health and Safety Code; (o) Those substances listed in the United States Department of Transportation Table (49 CFR Part 172.101), or by the Environmental Protection Agency, or any successor agency, as hazardous substances (40 CFR Part 302); (p) Other substances, materials, and wastes that are or become regulated or classified as hazardous or toxic under federal, state or local laws or regulations; and (q) Any material, waste or substance that is: (i) a petroleum or refined petroleum product; (ii) asbestos; (iii) polychlorinated biphenyl; (iv) designated as a hazardous substance pursuant to 33 U.S.C. § 1321 or listed pursuant to 33 U.S.C. § 1317; (v) a flammable explosive; or (vi) a radioactive material. "Improvements" means the new improvements to be constructed by Developer upon the Site and all approvals and permits required for completion of the Improvements, all more particularly described herein and in the Scope of Development. 10 C \Documents and Settings\kareny\Local Settinrs\Temporary Internet Piles\OL.KEA\DDA v2 1820 G.doc "Landscape and Grading Plans" means the plans and drawings to be submitted and approved by CDC, as set forth in Section 302.2 hereof. "Low Income household" means persons and families whose income does not exceed sixty percent (60%) of the then current Area Median Income, provided that such persons or families meet the additional requirements set forth in Section 4 of the Agreement Affecting Real Property. "Maximum Purchase Price" shall mean the maximum amount of consideration, of any kind whatsoever, that the Developer may receive for any Affordable Unit, which amount shall not exceed the lesser of: (i) the sum of (A) the purchase price which would result in a Monthly Ilousing Cost, as determined by the CDC, which does not exceed the product of one twelfth (1/12) of thirty percent (30%) times sixty percent (60%) of the then Area Median income as adjusted for household size appropriate for the unit, plus (R) the amount of the Developer Note assumed by the Low Income Household that purchases such Affordable lJnit; or (ii) the Single Family Mortgage Limit for the County of San Diego under Section 203(b) of the National I -lousing Act (12 U.S.C. §1709(b)) or any other limitation then provided by Code of Federal Regulations §92.254(a) or any successor law or regulation. "Monthly I lousing Cost" shall mean all of the following associated with the Affordable Unit, estimated or known as of the date of the close of escrow of the sale of the Affordable Unit: (i) principal and interest payments on the 20-30 year, fixed-rate mortgage loan actually obtained by the purchaser, and any loan insurance fees associated therewith; (ii) property taxes, assessments, including Mello Roos fees, if applicable; (iii) fire and casualty insurance covering replacement value of property improvements (to the extent not covered by the homeowner association encompassing the Site); (iv) any homeowner association fees; (v) private mortgage insurance, if applicable; and (vi) reasonable costs of utilities. Monthly I lousing Cost shall he an average of estimated costs for the next twelve (12) month period as of the date of the close of escrow of the sale of the Affordable Unit. "Notice" shall mean a notice in the form prescribed by Section 601 hereof. "Notice of Affordability Restrictions" shall mean the Notice of Affordability Restrictions on Transfer of Property to be recorded against the Site upon Closing, substantially in the form attached to this Agreement as Attachment No. 13. "Outside Date" shall mean the last date the Closing shall occur, as set forth in Section 204.4 hereof. "Proforrna" means the proforma which is attached hereto as Attachment No. 9 and incorporated herein. " P"TR" means the preliminary title report, as described in Section 205 hereof. 11 C \Documents and Settings\kareny\Local ScttingsVremporarn' Internet files\OI.KEAU)DA v2 182() G.doc "Purchase Price" means the price to be paid by Developer to CDC in consideration for the conveyance of fee title to the Site, as provided in Section 201 hereof. "Redevelopment Plan" means the Redevelopment Plan for the National City Redevelopment Project, adopted by Community Development CDC of the City of National City on July 18, 1995, and incorporated herein by reference. "Redevelopment Project" means the National City Redevelopment Project, adopted by CDC pursuant to the Redevelopment Plan. "Release of Construction Covenants" means the document which evidences Developer's satisfactory completion of Improvements, as set forth in Section 312 hereof, in the form of Attachment No. 4 hereto which is incorporated herein. "Resale Restriction" means the Resale Restriction that will be recorded as an encumbrance against each Affordable Unit, in the form attached hereto as Attachment "10". "Schedule of Pcrforrnance" means the Schedule of Performance attached hereto as Attachment No. 5 and incorporated herein, setting out the dates and/or time periods by which certain obligations set forth in this Agreement must be accomplished. The Schedule of Performance is subject to revision from time to time as mutually agreed upon in writing between Developer and CDC's Executive Director, and CDC's Executive Director is authorized to make such revisions as he or she deems reasonably necessary. "Scope of Development" means the Scope of Development attached hereto as Attachment No. 6 and incorporated herein, which describes the scope, amount and quality of development Improvements to be constructed by Developer pursuant to the terms and conditions of this Agreement. "Site" means the approximately 15,625 square foot parcel located in the National City Redevelopment. Project (the "Project") at 1820 G Street in the City of National City, County of San Diego, California, which is more particularly described on the Site Legal Description. "Site Legal Description" means the legal description of the Site, as described on Attachment 8. "Site Plan" means the map of the Site, which shows the location of all dwelling units and roads to be constructed on the Site, and which is attached hereto as Attachment No. 7 and incorporated herein. "Title Company" means Stewart Title Company. 200. Conveyance of the Site. 12 C:U)ocurnents and Settings\karcny\I.ocal Settings\Ternporary Internet Files\OI .KEA\DDA v2 1320 G.doc 201. Purchase Price. Subject to all of the terms and conditions of this Agreement, CDC shall sell the Site to Developer, and Ueveloper shall purchase the Site from CI)C for One and No/100 Dollar ($1.00) ("Purchase Price"). 202. (.'DC Loan. 202.1 Developer Promissory Note. Concurrently herewith, the CDC is making a loan to Developer as set forth in more detail in the Developer Note. 202.2 Forgiveness of the Developer Note. Upon the timely completion of the Affordable Units in accordance with this Agreement, the Developer Note will be partially forgiven and the remaining balance will convert to first-time homehuyer loans to L.ow-Income Ilouseholds to assist those Low -Income Households with the purchase of Affordable Units, as follows: (a) Upon the closing of the sale of each Affordable Unit, the purchaser of such Affordable Units shall execute a First -Time I lomebuyer Note in an amount equal to the surn of: (i) the Single Family Mortgage Limit for the County of San Diego under Section 203(h) of the National I lousing Act (12 U.S.C. § 1709(h)) or any other limitation then provided by Code of Federal Regulations §92.254(a) or any successor law or regulation; Tess (ii) the Maximum Purchase Price. In the event the foregoing calculation results in an amount equal to zero or a negative number, then the requirement that the purchaser of the Affordable Unit execute a First - Time I lomebuyer Note as set forth herein, shall he null and void. (h) Any amount of the Developer Note that is not assumed by the purchasers of the Affordable Units as set forth in Section 202.2(a), above, shall be forgiven in its entirety. (c) In addition each purchaser of an Affordable Units shall execute a Resale Restriction, a deed of trust securing the Resale Restriction and the First -Time I lomebuyer Note, and any other instruments as the CDC may require in its reasonable discretion. (d) The CDC shall partially reconvey the Developer Deed of '['rust, with respect to each Affordable ilnit, upon the last to occur of: (i) the sale of the Affordable 1.Jnit; (ii) the Low -Income Ifousehold's execution of the First -Time llomebuyer Note; (iii) the recordation against the individual Affordable Unit of the Resale Restriction; and (iv) the recordation against the individual Affordable Unit of the deed of trust securing the First -Time lloniebuyer Note and the Resale Restriction. 203. Default_. Notwithstanding Section 202.2(b), above, or anything contained herein to the contrary, in the event of any default in the performance of any of the teens, covenants and conditions contained in: (i) this Agreement, the Developer Note, the Developer Deed of "Trust, including without limitation the failure by Developer to complete all of the Improvements on or before 200 ; (ii) any other instrument executed by the Developer in conjunction with this Agreement; (iii) any prior or junior note secured by an encumbrance on the Site or any 13 C':V)ocuments and Settings\kareny\I.ocal SettingsVIetnporary Internet Files\OLKF.AU)DA v2 1820 (i.doc portion of it; (iv) any note or deed of trust given in conjunction herewith; or (v) in the event of the filing of a Bankruptcy proceeding by or against Developer, then (w) at the option of the CDC the Site shall revert back to the CDC; (x) all sums owing by Developer to the CI)C shall at the option of CI)C immediately become due and payable; (y) CDC shall have no obligation to disburse any further funds to Developer or any other person: and (z) CDC shall be released from any and all obligations to Developer under the terms of this Agreement. These remedies shall be in addition to any and all other rights and remedies available to CDC, either at law or in equity. Further, default interest shall accrue on the principal balance of the Developer Note from the date of the Developer Note at the rate of ten percent (10%) simple interest per annurn or the maximum rate than allowed by law, whichever is less. 204. Escrow. The parties shall open escrow ("Escrow") with Title Company, or another escrow company mutually satisfactory to both parties (the "Escrow Agent"). 204.1 Costs of Escrow. Developer shall pay the premiums for the Title Policy, for the documentary transfer taxes, if any, due with respect to the conveyance of the Site, and all other fees, charges, and costs which arise from Escrow. 204.2 Escrow Instructions. This Agreement constitutes the joint escrow instructions of Developer and CDC, and the Escrow Agent to whom these instructions are delivered is hereby empowered to act under this Agreement. The parties hereto agree to do all acts reasonably necessary to close this Escrow in the shortest possible time. Insurance policies for fire or casualty are not to be transferred, and CDC will cancel its own policies after the Closing, if any. All funds received in the Escrow shall he deposited with other escrow funds in a general escrow account(s) and may he transferred to any other such escrow trust account in any State or National Bank doing business in the State of California. All disbursements shall be made by check from such account. If in the opinion of either party it is necessary or convenient in order to accomplish the Closing of this transaction, such party may require that the parties sign supplemental escrow instructions. The parties agree to execute such other and further documents as may be reasonably necessary, helpful or appropriate to effectuate the provisions of this Agreement. The Closing shall take place when both CDC's Conditions Precedent and Developer's Conditions Precedent have been satisfied. Escrow Agent is instructed to release CDC's escrow closing statement and Developer's escrow closing statement to the respective parties. 204.3 Authority of Escrow Agent. Escrow Agent is authorized to, and shall: (a) Pay, and charge Developer, for the amount equal to the premium for the Developer Title Policy and any amount necessary to place title in the condition necessary to satisfy Section 20.5 of this Agreement. (b) Pay, and charge Developer and CDC, for their respective shares of any escrow fees, charges, and costs payable under Section 204.1 of this Agreement. C:\Documents and Settings\Icareny\L.ocal Settings\Temporary Internet Files \0LKP.A\DDA v2 1820 G.doc 14 (c) Pay, and charge Developer, for any endorsements to the Developer 'Title Policy which are requested by Developer. (d) Disburse funds, and deliver and record the Grant Deed, Agreement Affecting Real Property, Environmental Indemnity, Notice of Affordability Restrictions and the Developer Deed of Trust, when both Developer's Conditions Precedent and CI)C's Conditions Precedent have been fulfilled or waived by Developer and CDC. (e) Do such other actions as necessary, including obtaining the CDC 'Title Policy and/or the Developer Title Policy, to fulfill its obligations under this Agreement. (f) Within the discretion of Escrow Agent, direct CDC and Developer to execute and deliver any instrument, affidavit, and statement, and to perform any act reasonably necessary to comply with the provisions of FIRPTA and any similar state act and regulation promulgated thereunder. CDC agrees to execute a Certificate of Non -Foreign Status by individual transferor and/or a Certification of Compliance with Real Estate Reporting Requirement of the 1986 Tax Reform Act as may be required by Escrow Agent, on the form to be supplied by Escrow Agent. (g) Prepare and file with all appropriate governmental or taxing authorities a uniform settlement statement, closing statement, tax withholding forms including an IRS 1099-S form, and be responsible for withholding taxes, if any such forms are provided for or required by law. (h) Pay, and charge Developer, for the amount equal to the premium for the CDC 'Title Policy. (i) Pay, and charge Developer, for any endorsements to the CI)C "Title Policy which are requested by CI)C. 204.4 ('losi►r 1. This transaction shall close ("(.:losing") within thirty (30) days of the parties' satisfaction of all of CDC's and Developer's Conditions Precedent to Closing as set forth in Section 207 hereof, but in no event later than , 200__ (the "Outside Date"). The Closing shall occur at a location within San Diego County at a time and place reasonably agreed on by the parties. The "Closing" shall mean the time and day the Grant Deed is filed for record with the San Diego County Recorder. The "Closing Date" shall mean the day on which the Closing occurs. 204.5 'Termination. If Escrow is not in condition to close by the Outside Date, then either party which has fully performed under this Agreement may, in writing, demand the return of money or property and terminate this Agreement. If either party makes a written demand for return of documents or properties, this Agreement shall not terminate until five (5) days after Escrow Agent shall have delivered copies of such demand to all other parties at the respective addresses shown in this Agreement. If any objections are raised within said five (5) day period, Escrow Agent is authorized to hold all papers and documents until instructed by a 15 (:\Documents and Settings\kareny\r.ocal Sett ingsl'remlwrat- Internet Files\OLKEA\DDA v2 1820 G.doc court of competent jurisdiction or by mutual written instructions of the parties. "Termination of this Agreement shall be without prejudice as to whatever legal rights either party may have against the other arising from this Agreement. If no demands are made, the Escrow Agent shall proceed with the Closing as soon as possible. 204.6 Closing Procedure. Escrow Agent shall close Escrow for the Site as follows: (a) Record the Grant Deed with irrstnictions for the Recorder of San Diego County, California to deliver the Grant Deed to Developer; (b) Record the Developer Deed of 'Trust, Notice of Affordability Restrictions and Agreement Affecting Real Property with instructions for the Recorder of San Diego County, California to deliver the same to the CDC; (c) Instruct the Title Company to deliver the Developer Title Policy to Developer; (d) File any informational reports required by Internal Revenue Code Section 6045(e), as amended, and any other applicable requirements; (e) Deliver the FIRP'I'A Certificate, if any, to Developer; (f) Forward to both Developer and CDC a separate accounting of all funds received and disbursed for each party and copies of all executed and recorded or filed documents deposited into Escrow, with such recording and filing date and information endorsed thereon; and (g) Instruct the 'Title Company to deliver the CDC Title Policy to CDC. 205. Review of Title. CDC shall cause Title Company, or another title company mutually agreeable to both parties, to deliver to Developer a standard preliminary title report (the "IT1R") with respect to the title to the Site, together with Legible copies of the documents underlying the exceptions ("Exceptions") set forth in the PTR, within thirty (30) days from the date of this Agreement. Developer shall have the right to reasonably. approve or disapprove the Exceptions; provided, however, that. Developer herein approves the following Exceptions: (a) The National City Redevelopment Project (b) Utility easements of record Developer shall have thirty (30) days from the date of its receipt of the PTR and Exceptions to give written notice to CDC and Escrow I folder of Developer's approval or disapproval of any of such Exceptions. Developer's failure to give written disapproval of the PTR within such time limit shall be deemed approval of the P'IR by Developer. If Developer 16 C:\Documents and Settings\kareny\L.ocal SettingsVremporary Intemet riles\OLKEA\DDA v2 1820 G.doc notifies ('DC of its disapproval of any Exceptions in the P'TR, CDC shall have the right, but not the obligation, to remove any disapproved Exceptions within sixty (60) business days after receiving written notice of Developer's disapproval or provide assurances satisfactory to Developer that such Exception(s) will he removed on or before the Closing. If CI)C cannot or does not elect to remove any of the disapproved Exceptions within that period. Developer shall have ten (10) business days after the expiration of such sixty (60) business day period to either give CDC written notice that Developer elects to proceed with the purchase of the Site subject to all of the Exceptions or to give CDC written notice that Developer elects to terminate this Agreement. The Exceptions to title approved by Developer as provided herein shall hereinafter be referred to as the "Conditions of Title." Developer shall have the right to approve or disapprove any additional Exceptions reported by the Title Cornpany after Developer has approved the Conditions of Title for the Site (which are not created by Developer), in the same manner as stated above in this paragraph. CDC shall not voluntarily create any new exceptions to title following the Date of Agreement. 206. 'Title Insurance. 206.1 Teveloper- Title _Policy. Concurrently with recordation of the (.rant L)eed conveying title to the Site, there shall he issued to Developer a CI I'A owner's policy of title insurance (tire "Developer Title Policy"), together with such endorsements as are reasonably requested by Developer, issued by the "Title Company, insuring that the title to the Site is vested in Developer in the condition required by Section 205 of this Agreement. The Title Company shall provide the Ci)C with a copy of the Developer "Title Policy. The Developer Title Policy shall be for the amount of the Purchase Price. Developer shall pay for the Developer Title Policy. 206.2 CDC Title Policy. Concurrently with recordation of the Developer Deed of "Trust against the Site, there shall be issued to CDC a C1:TA lender's policy of title insurance (the "C1.)C "Title Policy"), together with such endorsements as are reasonably requested by the CI)C, issued by the "Title Company, insuring that the Developer Deed of Trust is a valid encumbrance against the Site. The "Title Company shall provide Developer with a copy of the CI)C "Title Policy. The CI)C "Title Policy shall be for the amount of the Developer Note. Developer shall pay for the CDC Title Policy. 207. Conditions of Closing. The Closing is conditioned upon the satisfaction of the following terms and conditions within the times designated below: 207.1 CDC's _Conditions ofClosing. CDC's obligation to proceed with the ('losing of the sale of the Site is subject to the fulfillment by Developer or waiver by CI)C of each and all of the conditions precedent. (a) through (h), inclusive, described below ("CDC's Conditions Precedent''), which are solely for the benefit of CDC, and which shall be fulfilled or waived by the time periods provided for herein: 17 C.\Documents and Scttingslkareny'd.ocal Scttings'remporary interim Piles\01_KE A\DDA v2 1820 G.doc (a) No Default. Prior to the Closing, Developer is not in default in any of its obligations under the terms of this Agreement and all representations and warranties of Developer contained herein shall be true and correct in all material respects. (h) Execution of Documents. Developer shall have executed any documents required hereunder and delivered such documents into Escrow, including without limitation the Developer Note, Environmental Indemnity, Agreement Affecting Real Property, Notice of Affordability Restrictions and the Developer Deed of Trust. (c) Payment of Closing Costs. Prior to the (losing, Developer has paid all required costs of Closing into Escrow in accordance with Section 204.1 hereof. (d) Design Approvals. Developer shall have obtained approval by CDC of the Concept Drawings, Landscape and Grading Plans and Construction Drawings as set forth in Section 302 hereof. (e) Insurance. Developer shall have provided proof of insurance as required by Section 307 hereof. (f) Other Financing. Developer shall have obtained commitments which meet the requirements of Section 313.1 of this Agreement, from all financing sources to he used for financing the construction of the Improvements which are sufficient to complete construction of the Improvements. (g) CL)C "Title Policy. The Title Company shall, upon payment by Developer of Title Company's premium, have agreed to issue the CDC "Title Policy to the CI)C upon the Closing, in accordance with Section 206.2 hereof. (h) Final Map. Developer shall have obtained approval by the City of a final subdivision map allowing for the construction of at least eight (8) two-story for -sale townhomes. In the event that one or more of the above conditions are not satisfied on or before the Closing Date then (i) the CI)C can waive satisfaction of such condition or conditions in writing (delivered to Developer and Escrow I -folder) on or prior to the Closing Date, and the Closing shall proceed, or (ii) the ('DC can immediately terminate this Agreement in writing (delivered to Developer and Escrow I-Iolder), and pursue all of its rights and remedies against the Developer as set forth herein, or as otherwise available at law or in equity. 207.2 Developer's Conditions of Closing. Developer's obligation to proceed with the purchase of the Site is subject to the fulfillment by CDC or waiver by Developer of each and all of the conditions precedent (a) through (d) inclusive, described below ("Developer's Conditions Precedent"), which are solely for the benefit of Developer, and which shall he fulfilled or waived by the time periods provided for herein: 18 C:\Documents and settings\karreny\Local ScttingsVrcnrporary Internet Files \0I.KEA\DDA v2 1820 G.doc (a) No Default. Prior to the Closing, CDC is not in default in any of its obligations under the terms of this Agreement and all representations and warranties of CDC contained herein shall be true and correct in all material respects. (b) Execution of Documents. CDC shall have executed the Grant Deed and any other documents required hereunder, and delivered such documents into Escrow. (c) Review and Approval of "Title. Developer shall have reviewed and approved the Conditions of Title of the Site, as provided in Section 205 hereof. (d) Developer Title Policy. The "Title Company shall, upon payment of Title Company's regularly scheduled premium, have agreed to issue the Developer Title Policy for the Site upon the Closing, in accordance with Section 206.1 hereof. In the event that one or more of the above conditions are not satisfied on or before the Closing Date then (i) the Developer can waive satisfaction of such condition or conditions in writing (delivered to the CDC and Escrow holder) on or prior to the Closing Date, and the Closing shall proceed, or (ii) the Developer, provided the Developer is not then in default hereunder, can immediately terminate this Agreement in writing, and neither CDC nor Developer shall have any further obligations to one another under this Agreement. 208. Representations and Warranties. 208.1 CDC Representations and Warranties. CDC represents and warrants to Developer as follows: (a) Authority. CDC is a public body, corporate and politic, existing pursuant to the California Community Redevelopment l..aw (California health and Safety Code Section 33000), which has been authorized to transact business pursuant to action of the City. CDC has full right, power and lawful authority to grant, sell arid convey the Site as provided herein and the execution, performance and delivery of this Agreement by CI)C has been fully authorized by all requisite actions on the part of CI)C. (h) FIRPTA. CDC is not a "foreign person" as defined by FIRPTA or any similar state statute, or is exempt from the provisions of FIRPTA and any similar state statute, or that CDC has complied and will comply with all the requirements under FIRPTA and any similar - state statute. Until the Closing, CI)C shall, upon learning of any fact or condition which would cause any of the warranties and representations in this Section 208.1 not to be true as of Closing, immediately give written notice of such fact or condition to Developer. Such representation(s) shall not be deemed a breach by CDC hereunder, but shall constitute an exception which Developer shall have a right to approve or disapprove. If Developer elects to close Escrow following disclosure of such information, CDC's representations and warranties contained herein shall be deemed to have been made as of the closing, subject to such exception(s). If, following 19 C:\Documents and Settings \kareny\I )cal SeningsVicrnporary Internet riles\Oi..KEA\DDA v2 1 120 G.doc the disclosure of such information, Developer elects not to close Escrow, then this Agreement and the Escrow shall automatically terminate, in which event neither CI)C nor Developer shall have any further obligations to one another under this Agreement. The representations and warranties set forth in this Section 208.1 shall survive the Closing. 208.2 Developer's Representations and Warranties. Developer represents and warrants to CDC as follows: (a) Authority. Developer is a California nonprofit, public benefit corporation. The persons executing this Agreement on behalf of the Developer have all necessary corporate authority to execute this Agreement on behalf of the Developer and this Agreement is a binding obligation of Developer. Copies of the Articles of Incorporation and bylaws of Developer will be delivered to CDC within sixty (60) days of final approval of the Agreement or prior to execution of the Grant Deed, whichever occurs first. These copies will be true, complete and fully -executed copies of the originals, as amended to the date of this Agreement. Developer will have full right, power and lawful authority to purchase and accept the conveyance of the Site and to undertake all obligations as provided herein and the execution, performance and delivery of this Agreement by Developer has been fully authorized by resolution of and all requisite actions on the part of Developer. (b) No Conflict. Developer's execution, delivery and performance of its obligations under this Agreement will not constitute a default or a preach under any contract, agreement or order to which Developer is a party or by which it is hound. (c) No Developer Bankruptcy. Developer is not the subject of a bankruptcy proceeding. (d) Proforma. The proforma attached hereto as Attachment No. 10 ("Proforma"), is a true and correct copy of the Proforma. Notwithstanding the foregoing, it has not yet been determined by the City whether or not urtdergrounding the utilities will he required, therefor the cost thereof cannot he calculated at this time and is not included in the Proforma. Except as provided in the immediately foregoing sentence, the amounts shown on the Proforma are accurate and are the amounts for which Developer is able to and shall design and construct all of the Improvements in a workmanlike and defect -free manner in accordance with the Scope of Development. Until the Closing, Developer shall, upon learning of any fact or condition which would cause any of the warranties and representations in this Section 208.2 not to be true as of Closing, immediately give written notice of such fact or condition to CDC. Such representation(s) shall not be deemed a breach by Developer hereunder, but shall constitute an exception which CDC shall have a right to approve or disapprove. If CDC elects to close Escrow following disclosure of such information, Developer's representations and warranties contained herein shall he deemed to have been made as of the Closing, subject to such exception(s). If, following the disclosure of such information, CDC elects to not close Escrow, then this Agreement and the 20 C:U)ocurnents and Scttings\kareny\Local Settingsvrernporary Internet Files\OLKEA\DDA v2 1820 C.doc Escrow shall automatically terminate, in which event the CDC may pursue all of its rights and remedies against the Developer as set forth herein, or as otherwise available at law or in equity. The representations and warranties set forth in this Section 208.2 shall survive the Closing and any termination or cancellation of this Agreement. 209. Studies and Reports. Prior to the Closing, representatives of Developer shall have the right of access to all portions of the Site for the purpose of obtaining data and making surveys and tests necessary to carry out this Agreement. Any preliminary work undertaken on the Site by Developer prior to the Closing shall he done at the sole risk and expense of Developer. Any preliminary work shall be undertaken only after securing all necessary permits from the appropriate governmental agencies. 210. Condition of the Site. 210.1 Disclosure. The CDC has not investigated and makes no representations or warranties whatsoever regarding the condition of the Site. Developer hereby agrees to take title to the Site "as is". Developer further agrees to perform any and all investigation that it deems necessary with respect to the Site, including without limitation any and all soils testing "Phase 1" and/or "Phase 2" environmental investigations of the Site and hereby waives any and all claims Developer may have against CDC with respect to the condition of the Site. 210.2 No Further Warranties As To Site. Except as otherwise provided in this Agreement, the physical condition, possession or title of the Site is and shall he delivered from CI)C to Developer in an "as -is" condition, with no warranty expressed or implied by CDC, including without limitation, the presence of Hazardous Materials on, in, under or adjacent to the Site or the condition of the soil, its geology, the presence of known or unknown seismic faults, or the suitability of the Site for the development purposes intended hereunder. 210.3 Develoker Precautions After Closing. Upon the Closing, Developer shall take all necessary precautions to prevent the release in, on or under the Site of any Hazardous Materials. Such precautions shall include compliance with all Governmental Requirements with respect to hazardous Materials. In addition, Developer shall install and utilize such equipment and implement and adhere to such procedures as are consistent with commercially reasonable standards as respects the disclosure, storage, use, removal and disposal of Hazardous Materials. Developer's obligation to take such precautions with respect to the release of hazardous Materials shall terminate with respect to each Unit, upon the sale of such Unit, and shall cease with respect to the entire Site following the sale of all of the Units, provided Developer is then not in possession of any portion of the Site. 210.4 Required Disclosures After Closing. After the Closing, Developer shall notify (71)C, and provide to CDC a copy or copies, of all environmental permits, disclosures, applications, entitlements or inquiries relating to the Site, including notices of violation, notices to comply, citations, inquiries, clean-up or abatement orders, cease and desist orders, reports filed pursuant to self -reporting requirements and reports filed or applications made pursuant to any Governmental Requirement relating to hazardous Materials and underground tanks. Developer 21 C \Donuuents and Settings \karcny\Local Settings\Tcmporary Internet Files\01.KEA\DDA v2 1820 G.doc shall report to CDC, as soon as possible after each incident, any unusual or potentially important incidents with respect to the environmental condition of the Site. Developer's obligation to report such incidents shall terminate with respect to each Unit, upon the sale of such Unit, and shall cease with respect to the entire Site following sale of all of the Units, provided Developer is then not in possession of any portion of the Site. In the event of a release of any Iazardous Materials into the environment, Developer shall, as soon as possible after the release, furnish to CDC a copy of any and all reports relating thereto and copies of all correspondence with governmental agencies relating to the release. Upon request, Developer shall furnish to CI)C a copy or copies of any and all other environmental entitlements or inquiries relating to or affecting the Site including, but not Iilnited to, all permit applications, permits and reports including, without limitation, those reports and other matters which may be characterized as confidential. 210.5 Developer Indemnity. Upon the Closing, Developer agrees to indemnify, defend and hold CDC harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon any of the following: (i) the presence, release, use, generation, discharge, storage or disposal of any Hazardous Materials on, under, in or about, or the transportation of any such Hazardous Materials to or from, the Site, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment or license relating to the use, generation, release, discharge, storage, disposal or transportation of Hazardous Materials on, under, in or about, to or from, the Site. "I'his indemnity shall include, without limitation, any damage, liability, fine, penalty, parallel indemnity after closing cost or expense arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease or death), tangible or intangible property damage, compensation for lost wages, business income, profits or other economic loss, damage to the natural resource or the environment, nuisance, contamination, leak, spill, release or other adverse effect on the environment. This indemnity does not include any condition arising solely as a result of the negligence or willful misconduct of the CDC or its employees, agents, representatives, successors or assigns. 300. Development of the Site. 301. Scope of Development. Developer shall develop the Improvements as provided in Attachment No. 6 and in accordance with the plans, drawings and documents submitted by Developer and approved by CI)C as set forth herein. 302. Design Review. 302.1 Concept Drawings. Developer shall prepare and submit conceptual drawings for the Improvements, including a site plan, floor plans, exterior elevations, materials, color board, and elevations of all four sides of Improvements (collectively, the "Concept Drawings"). The Concept Drawings shall he prepared and submitted within the times established in the Schedule of Performance. 22 C:\1)ocuments and Settines\karenyll.ocal Scttings\Temporary Internet Files\OLKEA\DDA v2 1820 G.doc 302.2 Landscape and Grading Plans. The Developer shall prepare and submit to the Agency preliminary and final landscaping and preliminary and finish grading plans for the Site (collectively, the "Landscape and Grading Plans"). The Landscape and Grading Plans shall he prepared and submitted within the tirnes established in the Schedule of Performance. 302.3 Construction Drawing. The Developer shall prepare and submit to the Agency 50% and final construction drawings and related documents (collectively called the "Construction Drawings") to the Agency for review (including but not limited to architectural review). 1'he Construction Drawings shall be prepared and submitted within the tirnes established in the Schedule of Performance. Final construction drawings are hereby defined as those in sufficient detail to obtain a building permit. 303. CDC Review and Approval. CDC shall have the right to review and approve or disapprove all aspects of the Concept Drawings, landscape and Grading Plans and Construction Drawings. Developer acknowledges and agrees that CDC is entitled to approve or disapprove the Concept Drawings, Landscape and Grading Plans or Construction Drawings in order to satisfy CDC's obligation to promote the sound development and redevelopment of land within the Project, to promote a high level of design which will impact the surrounding development, and to provide an environment for the social, economic and psychological growth and well-being of the citizens of the City and the Project. Developer shall not he entitled to any monetary damages or compensation as a result of CDC's disapproval or failure to approve or disapprove the Concept Drawings, Landscape and Grading Plans or Construction Drawings. 303.1 Standards for Disapproval. CDC shall have the right to disapprove in its reasonable discretion any of the Concept Drawings, Landscape and Grading Plans or Construction Drawings, as set forth in Section 303, above, including without limitation if the same do not conform to the Scope of Development or this Agreement, or are incomplete. In the event the Concept Drawings, Landscape or Grading Plans and Construction Drawings are not approved, the CDC shall state in writing provided to the Developer the reasons for disapproval. Developer, upon receipt of notice of disapproval from CDC, shall revise such portions and resubmit to CDC by the time established therefor in the Schedule of Performance. CDC and Developer agree to work together in good faith to resolve any disagreements and disputes regarding the Concept Drawings, Landscape and Grading Plans and Construction Drawings. 303.2 Revisions. If Developer desires to propose any revisions to CDC - approved Concept Drawings, Landscape and Grading Plans or Construction Drawings after approval, it shall submit such proposed changes to CDC, and shall also proceed in accordance with any and all State and local laws and regulations regarding such revisions, within the time frame set forth in the Schedule of Performance. At the reasonable discretion of CDC, if Developer proposes any change from the basic use of the Site for anything other than a residential development consisting of townhomes, as provided for in this Agreement, then this Agreement is subject to renegotiation of all terms and conditions, including without limitation, the economic terms of the Agreement. If the Concept Drawings, Landscape and Grading Plans or Construction Drawings, as modified by the proposed change, generally and substantially conform to the requirements of the Scope of Development and this Agreement, the CDC shall 2:3 C \Documents and Settings`kareny\Local Settings\Temporary Internet Files \0LK1 A\DDA v2 1820 G.doc review the proposed change and notify Developer in writing within thirty (30) days after submission to CDC as to whether the proposed change is approved or disapproved. CDC's Executive Director is authorized to approve changes to CDC -approved Concept Drawings, Landscape and Grading Plans and Construction Drawings. 303.3 Defects in Plans. CDC shall not be responsible or Liable in any way, either to Developer or to any third parties, for any defects in the Concept Drawings, Landscape and Grading Plans or Construction Drawings, or for any structural or other defects in any work done according to the approved Concept Drawings, Landscape and Grading Plans or Construction Drawings, or for any delays reasonably caused by the review and approval processes established by this Section 303. Developer shall hold harmless and indemnify CDC, the City and their officers, employees, agents and representatives from and against any and all claims, demands and suits for damages to property or injuries to persons arising out of or in any way relating to the Site, including without limitation any defects in the Concept Drawings, Landscape and Grading Plans or Construction Drawings, violation of any laws, and for defects in any work done according to the approved Concept Drawings, Landscape and Grading Plans or Construction Drawings or for defects in work performed by Developer or any contractor or subcontractor of Developer. 304. Land Use Approvals. Before commencement of construction of the Improvements or other works of improvement upon the Site, Developer shall, at Developer's sole expense, secure or cause to be secured any and all land use and other entitlements, permits and approvals which may be required for the Improvements by the City or any other governmental agency affected by such construction or work, except for those which are the responsibility of CDC as set forth herein. Neither CDC, nor the City shall he responsible in any way for, the processing of Developer's building permits or other permit applications with the City and the execution of this Agreement does not constitute the granting of or a commitment to obtain any required land use permits, entitlements or approvals. 305. Schedule of Performance. Developer shall submit all Concept Drawings, commence and complete all construction of Improvements, and satisfy all other obligations and conditions of this Agreement within the times established therefor in the Schedule of Performance (Attachment No. 5). 306. Cost of Construction. All costs whatsoever, except for costs of Escrow, as provided above, shall be borne by Developer, including without limitation the cost of planning, designing, developing and constructing of all of the Improvements, as well as site preparation and grading. 307. Insurance Requirements. Developer shall take out and maintain and shall cause its contractor and subcontractors to take out and maintain until the issuance of the Release of Construction Covenants pursuant to Section 312 of this Agreement, a comprehensive general liability policy in the amount of not less than $2,000,000 combined single limit policy, and a comprehensive automobile liability policy in the amount of $1,000,000 combined single limit, or such other policy limits as CDC may approve at its discretion, including contractual liability, as 24 C.Documents and Settings\kareny\Local Settings\Temporary Internet Files\()LKEA\DDA v2 1820 G.doc shall protect Developer, City and CDC from claims for such damages. Such policy or policies shall be written on an occurrence form. Developer shall also furnish or cause to he furnished to CDC evidence satisfactory to CDC that Developer, and any contractor with whom it has contracted for the performance of work on the Site or otherwise pursuant to this Agreement, carries workers' compensation insurance as required by law. Developer shall furnish a notarized certificate of insurance countersigned by an authorized agent of the insurance carrier on a form approved by CDC setting forth the general provisions of the insurance coverage. This countersigned certificate shall name the City and CDC and their respective officers, agents, and employees as additionally insured parties under the policy. and the certificate shall he accompanied by a duly executed endorsement evidencing such additional insured status. The certificate and endorsement by the insurance carrier shall contain a statement of obligation on the part of the carrier to notify City and CDC of any material change, cancellation or termination of the coverage at least thirty (30) days in advance of the effective date of any such material change, cancellation or termination. Coverage provided hereunder by Developer shall be primary insurance and not he contributing with any insurance maintained by CDC or City, and the policy shall contain such an endorsement. The insurance policy or the endorsement shall contain a waiver of subrogation for the benefit of the City and CDC. The required certificate shall he furnished by Developer at the time set forth therefor in the Schedule of Performance. 308. Developer's Indemnity. Developer shall be responsible for all injuries to persons and/or all damages to real or personal property of CDC or others, caused by or resulting from the negligence and/or breach of this Agreement, of itself, its employees, subcontractors and/or its agents during the construction of or arising out of the construction of the Project and/or the breach of this Agreement. Developer shall defend and hold harmless and indemnify CI)C, the City, and all of their officers and employees from all costs, damages, judgments, expenses and claims to any third party resulting from the negligence and/or breach of this Agreement, by Developer, its employees, subcontractors and/or its agents, arising out of the construction of the Project and/or the breach of this Agreement, except those arising from the sole negligence or willful misconduct of CDC or the City. 309. Rifts of Access. Prior to the issuance of a Release of Construction Covenants pursuant to Section 312 of this Agreement, for purposes of monitoring compliance with this Agreement and to perform the CDC's monitoring duties under the provisions of 24 CFR Part 92, CDC and its representatives shall have the right of reasonable access to the Site, without charges or fees, at normal construction hours during the period of construction, including but not limited to, the inspection of the work being performed in constructing the Improvements. 310. Compliance With Laws. Developer represents and warrants that during the term of this Agreement that it will comply with each and every provision and requirement contained within CFR 92.354, as amended from time to time, to the extent applicable, and will pay not less than tlic wages prevailing in the locality, as predetermined by the Secretary of Labor pursuant to the Davis -Bacon Act (40 U.S.C. 276a-276a-5), to all laborers and mechanics employed in the development. of any part of the Project in accordance with the terms and provisions of CFR 92.354 and will comply with the overtime provisions, as applicable, of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327.332). Prevailing wages need not be paid to 25 C :ADocumcnrs and Settings\kareny\Local Settings\Temporary Internet Files \0I .KEA\DDA v2 182(1 G.doc "Volunteers" or for "Sweat Equity" as defined in 24 CFR 92.354(b) and (c). Developer shall carry out the design and construction of the Improvements in conformity with all applicable laws, including all applicable state labor standards, the City zoning and development standards, building, plumbing, mechanical and electrical codes, and all other provisions of the Title 24 of the California Code of Regulations, and all applicable disabled and handicapped access requirements, including without limitation the Americans With Disabilities Act, 42 U.S.C. Section 12101, et seq., Government Code Section 4450, et seq., Government Code Section 11135, et seq., and the l.Jnruh Civil Rights Act, Civil Code Section 51, et seq. Developer hereby agrees to carry out development, construction (as defined by applicable law) and operation of the Improvements on the Site, including, without limitation, any and all public works (as defined by applicable law), in conformity with all applicable local, state and federal laws, including, without _limitation, all applicable federal and state labor laws (including, without limitation, any requirement to pay state prevailing wages). Developer hereby expressly acknowledges and agrees that neither City nor Agency has ever previously affirmatively represented to the Developer or its contractor(s) for the Improvements in writing or otherwise, in a call for bids or otherwise, that the work to be covered by the hid or contract is not a "public work," as defined in Section 1720 of the Labor Code. Developer hereby agrees that Developer shall have the obligation to provide any and all disclosures, representations, statements, rebidding, and/or identifications which may be required by Labor Code Sections 1726 and 1781, as the same may he enacted, adopted or amended from time to time, or any other provision of law. Developer hereby agrees that Leveloper shall have the obligation to provide and maintain any and all bonds to secure the payment of contractors (including the payment of wages to workers performing any public work) which may be required by the Civil Code, Labor Code Section 1781, as the same may be enacted, adopted or amended from time to time, or any other provision of law. The Developer hereby agrees that the Developer shall have the obligation, at the Developer's sole cost, risk and expense, to obligate any party as may be required by Labor Code Sections 1726 and 1781, as the same may be enacted, adopted or amended from time to time, or any other provision of law. Developer shall indemnify, protect, defend and hold harmless the Agency, City and their respective officers, employees, contractors and agents, with counsel reasonably acceptable to Agency and City, from and against any and all loss, liability, damage, claim, cost, expense, and/or "increased costs" (including labor costs, penalties, reasonable attorneys fees, court and litigation costs, and fees of expert witnesses) which, in connection with the development, construction (as defined by applicable law) and/or operation of the Improvements, including, without limitation, any and all public works (as defined by applicable law), results or arises in any way from any of the following: (i) the noncompliance by Developer of any applicable local, state and/or federal law, including, without limitation. any applicable federal and/or state labor laws (including, without limitation, if applicable, the requirement to pay state prevailing wages); (ii) the implementation of Sections 1726 and 1781 of the Labor Code, as the same may be enacted, adopted or amended from time to tiine, or any other similar law; (iii) failure by Developer to provide any required disclosure, representation, statement, rebidding and/or identification which may be required by Labor Code Sections 1726 and 1781, as the same may he enacted, adopted or amended from time to time, or any other provision of law; (iv) failure by Developer to provide and maintain any and all bonds to secure the payment of contractors (including the payment of wages to workers performing any public work) which may be required by the Civil Code, Labor Code Section 1781, as the same may be enacted, adopted or amended 26 C:\Documents and Settings\kareny\Local SettingsVl'entporary Internet Files\OL.KEAU)DA v2 1820 G.doc from time to time, or any other provision of law; and/or (v) failure by the Developer to obligate any party as may be required by Labor Code Sections 1726 and 1781, as the same may he enacted, adopted or amended from time to time, or any other provision of law. It is agreed by the parties that, in connection with the development, construction (as defined by applicable law) and operation of the Improvements, including, without limitation, any public work (as defined by applicable law), Developer shall bear all risks of payment or non-payment of state prevailing - wages and/or the implementation of Labor ('ode Sections 1726 and 1781, as the same may be enacted, adopted or amended from time to time, and/or any other provision of law. "Increased costs" as used in this Section shall have the meaning ascribed to it in Labor Code Section 1781, as the same may be enacted, adopted or amended from time to time. The foregoing indemnity shall survive termination of this Agreement and shall continue after recordation of the Release of Construction Covenants. 310.1 Nondiscrimination in Employment. Developer certifies and agrees that all persons employed or applying for employment by it, its affiliates, subsidiaries, or holding companies, and all subcontractors, bidders and vendors, are and will be treated equally by it without regard to, or because of race, color, religion, ancestry, national origin, sex, age, pregnancy, childbirth or related medical condition, medical condition (cancer related) or physical or mental disability, and in compliance with "Title VII of the Civil Rights Act of 1964, 42 U.S.C. Section 2000, et seq., the Federal Equal Pay Act of 1963, 29 U.S.C. Section 206(d), the Age Discrimination in Employment Act of 1967, 29 U.S.C. Section 621, et seq., the Immigration Reform and Control Act of 1986, 8 U.S.C. Section 1324h, et seq., 42 U.S.C. Section 1981, the California Fair Employment and Housing Act, Cal. Government Code Section 12900, et seq., the California Equal Pay I ,aw, Cal. Labor Code Section 1197.5, Cal. Government Code Section 1 1 135, the Americans with Disabilities Act, 42 U.S.C. Section 12101, et seq., and all other anti- discrimination laws and regulations of the United States and the State of California as they now exist or may hereafter be amended. Developer shall allow representatives of CDC access to its employment records related to this Agreement during regular business hours to verify compliance with these provisions when so requested by CDC. 310.2 Taxes and Assessments. After the Closing, Developer- shall pay prior to delinquency all ad valorem real estate taxes and assessments on the Site. Developer shall remove or have removed any levy or attachment made after the Closing on any of the Site or any part thereof, or assure the satisfaction thereof within a reasonable time. Developer shall not apply for or receive any exemption from the payment of property taxes or assessments on any interest in or to the Site or the Improvements. If the Terms and conditions of this Agreement are deemed to create a possessory interest in Developer such as to subject Developer to a Possessory Interest Fax pursuant to Revenue and Tax Code Section 107.6, then Developer shall be solely responsible for satisfying that obligation, and Developer shall not look to CDC or the City for reimbursement or set off. 310.3 Liens and Stop Notices. Developer shall not allow to he placed on the Site or any part thereof any lien or stop notice. If a claim of a lien or stop notice is given or recorded affecting the Improvements, Developer shall, within thirty (30) days of such recording or service or within five (5) days of CDC's demand, whichever last occurs: 27 :::1Docurnents and Settings\karenyU.ocal ScttinlsVrcrnporary Internet Files\OI.KEA\DDA t2 1820 G.d(x (c) Intentionally omitted; (4) Affirmative marketing records; (d) insurance policies and notices; (e) Equal Employment Opportunity and Fair 'lousing records; (f) Labor costs and records; (g) An audited income and expense statement and balance sheets for Developer; (h) An audited income and expense statement and balance sheets for the Site; (i) Federal and State income tax returns for the calendar year, ending on the preceding December 31 st; (j) A report or reports, certifying compliance with the terms and provisions of the Section 3 requirements, as set forth in Section 314.8 of this Agreement and certifying compliance with the provisions of federal law as it relates to Section 3, whether or not specifically set forth in Section 314.8; and (j) Such other and further information and records as CDC shall reasonably request and/or I IUD shall request in writing from Developer. 314.2 Federal and State Requirements. Developer represents, warrants and agrees that Developer will fully comply, during the term of this Agreement, with any and all HOME program requirements including, but not limited to the requirements of 24 CFR Part 92, 24 ChR Section 92.351 (Affirmative Marketing), 92.352 (Environmental Review), 92.353 (Displacement, Relocation and Acquisition Residential, Antidisplacement and Relocation Plan), 92.354 (Labor), 92.356 (Conflict of Interest), and 92.358 (Flood Insurance). Developer further warrants, represents and agrees that should said HOME program requirements be changed by HUI), from time to time, that Developer will comply with said changed and amended regulations. 314.3 Lead Based Paint. Developer represents and warrants that during the term of this Agreement that it will comply with each and every provision and requirement contained within CFR 92.355, as amended from time to time, to the extent applicable. 314.4 Certification Concerning Debarment and Suspension. Developer represents, warrants and hereby certifies, pursuant to 24 CFR 92.357, that it will not use a contractor that has been debarred and or suspended, nor that is proposed for debarment, declared ineligible or voluntarily excluded from participation in construction of the Improvements. 30 C:U)ocuments and Settings \kareny\L.ocal Settings\Temporary Internet Files\OLKEA\DDA v2 1820 G.doc Developer agrees to execute such further certifications required by CDC and/or IIIJD including, if necessary, that certification included as Appendix B of CFR Part 24, to verify the certification made in this Section 314.4. 314.5 Flood Insurance. Developer represents, warrants, and certifies, pursuant to 24 CFR 92.358, that no portion of the Site, is located within a Flood Plain or Hood I Lazard 'Lone or Area, as indicated on a FEMA Map; or that the Site is located within a community participating in the National Hood Insurance Program and Developer agrees to purchase and maintain flood insurance for the duration of the term of this Agreement. 314.6 Fire Protection and Safety. Developer represents and warrants that it will comply with all requirements and regulations of the Fire Administration Act of 1992 and the Federal Dire and Prevention Control Act. Developer will use and install all fire and safety related equipment pursuant to the National Fire Protection Association standards. 314.7 Accessibility Standards. Developer represents and warrants that it will comply with all federal, state and local requirements and regulations concerning access to the units by the disabled and handicapped persons, including, but not limited to, those requirements of the 1IOME Program. 314.8 Section 3_ ReAt irements. Developer shall comply with the following requirements during the term of the Agreement: (a) The work to he performed under this Agreement is subject to the requirements of section 3 of the Ilousing and Urban Development Act of 1968, as amended, 12 U.S.C. § 1701 a (section 3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by IIIJD assistance or IIUD-assisted projects covered by section 3, shall, to the greatest extent feasible, he directed to low- and very low-income persons, particularly persons who are recipients of !IUD assistance for housing. (b) The parties to this Agreement agree to comply with I1UD's regulations in 24 CFR part 135, which implement section 3. As evidenced by their execution of this Agreement, the parties to this Agreement certify that they are under no contractual or other impediment that would prevent there from complying with the part 135 regulations. (c) Developer agrees to send to each labor organization or representative of workers with which Developer has a collective bargaining agreement or other understanding, if any, a notice advising the labor organization or workers' representative of Developer's commitments under this section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the section 3 preference, shall set forth rninirnurn number and job titles subject to hire, availability of apprenticeship and training positions, and qualifications for each; and the name and location of the persons taking applications for each of the positions; and the anticipated date the work shall begin. 31 C:\Documents and Settings \karcny\l.cxaI Settings\Temporary Internet Files\Ol: KEA\DDA v2 1820 Gdoc (d) Developer agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 135. Developer will not subcontract with any subcontractor where Developer has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 135. (e) Developer will certify that any vacant employment positions, including training positions, that are filled (1) after Developer is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 135 require employment opportunities to be directed, were not filled to circumvent Developer's obligations under 24 CFR part 135. (f) Noncompliance with IIUD's regulations in 24 CFR part 135 may result in sanctions, termination of this Agreement for default, and debarment or suspension from future 1-IUD assisted contracts. 314.9 Drug Free Workplace. Developer shall comply with all applicable State and Federal rules, laws and regulations to ensure a drug free workplace at all times during the tern of this Agreement. Further, Developer shall incorporate such federal provisions as are required in each contract or subcontract that it enters into in connection with the Site. 314.10 Lobbying Prohibition. Developer hereby certifies to CDC, under penalty of perjury, under the terms of applicable federal law, that at all applicable times before, during and after the term of this Agreement, that: (a) No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement; (b) If any funds other than Federal appropriated funds have been paid to any person for influencing or attempting to influence an officer or employee of any agency, a Mernber of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, it will complete and submit Standard Forrn-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; (c) Developer will require that the above stated language be included in the award documents for all subawards at all tiers, including subcontracts, subgrants, loans, contracts, and cooperative agreements concerning the subject matter of this Agreement; and C:\Documents and Settings\kareny\Local Settings\Temporary Internet Files\O1.KEA\DDA v2 1820 G.doc 32 (d) Further, Developer and all subrecipients, at all times, shall certify compliance with the provisions of 31 U.S.C. § 1352 and any and all terms and conditions of the 13yrd Anti -lobbying Amendment, as amended from time to time. 400. Covenants and Restrictions. 401. Use in Accordance with Redevelopment Plan. Developer covenants and agrees for itself, its successors, assigns, and every successor in interest to the Site or any part thereof, that upon the Closing and during construction and thereafter, Developer shall devote the Site to the uses specified in the Redevelopment Plan, Agreement Affecting Real Property and this Agreement for the periods of time specified herein. All uses conducted on the Site, including, without limitation, all activities undertaken by Developer pursuant to this Agreement, shall conform to the Redevelopment Plan and all applicable provisions of the City of National City Municipal Code. The foregoing covenants shall run with the land. Developer's obligations under this Section 401, shall terminate with respect to each Affordable Unit, upon the sale of such Affordable Unit, and shall cease with respect to the entire Site following the sale of all of the Affordable Units, provided Developer is then not in possession of any portion of the Site. 402. Affordable Units. 402.1 Developer Covenants Concerning Affordable Units. Developer covenants and agrees that it will construct the eight (8) Affordable Units. Developer further covenants and agrees that it will sell the Affordable Units only to L,ow Income Households for a total consideration that does not exceed the Maximum Purchase Price. 402.2 Timin Completion of construction of the Affordable [)nits shall occur on or before _ .-- . , 200._- 402.3 Execution and Recordation of the Resale Restriction. The closing of the sale of each Affordable Unit shall not occur, unless at least fifteen (15) days prior to closing escrow for the sale of such Affordable Unit Developer shall cause the buyer of such Affordable Unit to execute, acknowledge and deliver to CDC the: (a) First Tirne Homebuyer Note, (b) the Resale Restriction, (c) the deed of trust securing the First Time Homebuyer Note and the Resale Restriction, and (d) any other documents required by the CDC in its sole discretion. Developer shall then cause the Resale Restriction to be recorded in first lien priority position and cause the deed of trust securing the First Time I lomebuyer Note and the Resale Restriction to be recorded thereafter. Notwithstanding the foregoing, the Resale Restriction and such deed of trust may he recorded in second lien priority position subordinate to the deed of trust securing financing provided by Developer to the purchaser. Under no circumstances shall Developer sell an Affordable Unit, unless the Resale Restriction and the deed of tnust securing the First Time Homebuyer Note and the Resale Restriction have been recorded as an encumbrance against such Affordable Unit. 402.4 45-Year Affordability. The Resale Restriction shall ensure that the Affordable LJnit will be sold and resold to t ow Income I louseholds for a period of forty-five (45) 33 (' \Documents and Settings\kareny\r.ocal SettingsVremporary Internet Files\OLKEA\DDA v2 1820 G.doc years, measured from the date of the initial sale of the Affordahle Unit to a I.ow Income Household as provided in the Resale Restriction. 402.5 No Sales to Related Parties. None of the Affordable Units shall be sold to: (i) any person that is an employee, officer, director, investor, shareholder, partner, member, manager or other principal of Developer, or any divisions, subsidiaries or affiliates of Developer or (ii) any person that is the spouse, mother, father, sister, brother, child, aunt, uncle, niece, nephew, stepchild, mother in-law,. father in-law, brother in-law, sister in-law, ex -spouse, grandchild or grandparent of any employee, officer, director, investor, shareholder, partner, member, manager or other principal of Developer, or any parent companies, divisions, subsidiaries or affiliates of Developer. 402.6 CDC Consent to Sales. Developer shall not sell any Affordable Unit, unless and until, the CDC has consented in writing to all of the terms and conditions of such sale, including without limitation, the sales price of the Affordable Unit which amount shall not exceed the Maximum Purchase Price. 403. Maintenance Covenants. Throughout the sales period, Developer shall maintain the Site and all improvements of any unsold Affordahle Units thereon, including all landscaping, in compliance with the terms of the Redevelopment Plan and with all applicable provisions of the City of National City Municipal Code. 404. Obligation to Refrain from Discrimination. 404.1 State and Federal Requirements. Developer shall, at all times during the term of this Agreement, comply with all of the provisions of Section 24 CFR 92.351 and the affirmative marketing procedures adopted by CI)C, including, but not limited to, all requirements and procedures referenced in said Section 24 CFR 92.351(h), amended from time to time. Developer shall maintain records to verify compliance with the applicable affirmative marketing procedures and compliance. Such records are subject to inspection by CDC during regular business hours upon five (5) days written notice. Developer covenants by and for itself and any successors in interest that there shall he no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, sexual orientation, marital status, national origin, ancestry, familial status, source of income or disability in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Site, nor shall Developer or any person claiming under or through it establish or permit any such practice or practices of discrimination or segregation of any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the Site or the rental, lease sale of the Site and any dwelling unit thereon. The foregoing covenants shall run with the Site. 34 C:\Documents and Settings\Icarcny\Local Settings\Temporary Internet Files\OLKEA\DDA v2 1820 G.doc 404.2 Additional Requirements. Developer hereby agrees to comply with the Title VII of the Civil Rights Act of 1964, as amended, the California Fair Employment Practices Act, and any other applicable Federal and State laws and regulations. CDC will provide technical assistance and copies of the referenced programs upon request pursuant to 24 CFR Section 92.350. 404.3 Fair Housing haws. All activities carried out by Developer and/or agents of Developer shall he in accordance with the requirements of the Federal Fair Ilousing Act. 'l'hc Fair Ilousing Amendments Act of 1988 became effective on March 12, 1989. The Fair Dousing Amendments Act of 1988 and Title VIII of the Civil Rights Act of 1968, taken together, constitute the Fair Housing Act. The Fair Housing Act provides protection against the following discriminatory housing practices if they are based on race, sex, religion, color, handicap, familial status, or national origin: denying or refusing to rent housing, denying or refusing to sell housing, treating differently applicants for housing, treating residents differently in connection with terms and conditions, advertising a discriminatory housing preference or limitation, providing false information about the availability of housing, harassing, coercing or intimidating people from enjoying or exercising their rights under the Fair Ilousing Act, blockbusting for profit, persuading owner to sell or rent housing by telling there that people of a particular race, religion, etc. are moving into the neighborhood, irnposing different terms for loans for purchasing, constructing, improving, repairing, or maintaining a home, or loans secured by housing: denying use or participation in real estate services, e.g., brokers' organizations, multiple listing services, etc. The Fair Ilousing Act gives IIUD the authority to hold administrative hearings unless one of the parties elects to have the case heard in U.S. District Court and to issue subpoenas. Both civil and criminal penalties are provided. The Fair Ilousing Act also provides protection for people with disabilities and proscribes those conditions under which senior citizen housing is exempt from the prohibitions based on familial status. The following State of California Laws also govern housing discrimination and shall be complied with by Developer: Fair Employment and Ilousing Act, Unruh Civil Rights Act of 1959, Ralph Civil Rights Act of 1976, and Civil Code Section 54.1. 405. Nondiscrimination Covenants. Developer shall refrain from restricting the rental, lease and sale of the Site and any dwelling unit thereon on the basis of race, color, creed, religion, sex, sexual orientation, marital status, national origin, ancestry, familial status, source of income or disability of any person. All such deeds, leases or contracts shall contain or he subject to substantially the following nondiscrimination or nonsegregation clauses: (a) Deeds. In deeds "The grantee herein covenants by and for itself, its successors and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, religion, sex, sexual orientation, disability, medical condition, familial status, source of income, marital status, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed, nor shall the grantee itself 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 tenants, lessees, 35 C:\Doc:uments and Settings\kareny\L.ocal Setungs\Temporary Internet Piles\OI.KEA\DDA v2 1820 (.doc subtenants, sublessees or vendces in the land herein conveyed. The foregoing covenants shall run with the land." (b) I,eases. In leases "The lessee herein covenants by and for itself, its successors and assigns, and all persons claiming under or through there, and this lease is made and accepted upon and subject to the following conditions: That there shall be no discrimination against or segregation of any person or group of persons, on account of race, color, religion, sex, sexual orientation, disability, medical condition, familial status, source of income, marital status, national origin or ancestry in the leasing, subleasing, renting, transferring, use, occupancy, tenure or enjoyment of the land herein leased, nor shall lessee itself, or any person claiming under or through it, establish or permit such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees, subtenants or vendces in the land herein leased." (c) Contracts. In contracts `There shall be no discrimination against or segregation of any person or group of persons on account of race, color, religion, sex, sexual orientation, disability, medical condition, familial status, source of income, marital status, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land, nor shall the transferee itself 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 tenants, lessees, subtenants, sublessees or vendces of the land." 406. Effect of Violation of the Terms and Provisions of this Agreement After Completion of Construction. CDC is deemed the beneficiary of the terms and provisions of this Agreement and of the covenants running with the land, for and in its own right and for the purposes of protecting the interests of the community and other parties, public or private, in whose favor and for whose benefit this Agreement and the covenants running with the land have been provided, without regard to whether CDC has been, remains or is an owner of any land or interest therein in the Site or in the Project. CDC shall have the right, if this Agreement or its covenants are breached, to exercise all rights and remedies, and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breaches to which it or any other beneficiaries of this Agreement and covenants may be entitled. 500. Defaults and Remedies. 501. Default Generally. Subject to the extensions of time set forth in Section 602 of this Agreement, failure by either party to perform any action or covenant required by this Agreement within the time periods provided herein following notice and failure to cure as described hereafter, constitutes a "Default" under this Agreement. A party claiming a Default shall give written notice of Default to the other party specifying the Default complained of. Except as otherwise expressly provided in this Agreement, the claimant shall not institute any proceeding against any other party, and the other party shall not he in Default if such party within CADocuments and Settings\kareny\Local Settings\Temporary Internet riles\0LKEA\DDA v2 1820 G.doc 36 thirty (30) days from receipt of such notice immediately, with due diligence, commences to cure, correct or remedy such failure or delay and shall complete such cure, correction or remedy with diligence. 502. Institution of Legal Actions. In addition to any other rights or remedies and subject to the restrictions otherwise set forth in this Agreement, either party may institute an action at law or equity to seek specific performance of the terms of this Agreement, or to cure, correct or remedy any Default, to recover damages for any Default, or to obtain any other remedy consistent with the purpose of this Agreement. Such legal actions must be instituted in the County of San Diego, State of California, in an appropriate court in that county, or in the District of the United States District Court in which such county is located. 503. Termination by Developer. In the event that Developer is not in default under this Agreement and one or more of Developer's Conditions Precedent to the Closing is not fulfilled on or before the time set forth in the Schedule of Performance and such failure is not caused by Developer; or in the event any Default of CDC prior to the Closing is not cured within the tirne set forth in Section 501 hereof, or any such failure is not cured within the applicable time period after written demand by Developer, then this Agreement may, at the option of Developer be terminated by written notice thereof to CI)C. From the date of the written notice of termination of this Agreement by Developer to CI)C and thereafter this Agreement shall he terminated and there shall be no further rights or obligations between the parties, except that the parties may pursue any other remedies they may have hereunder. 504. Termination by CDC. In the event that CDC is not in Default under this Agreement and prior to the issuance of the Release of Construction Covenants Developer (or any successor in interest) assigns or attempts to assign this Agreement or any rights therein or in the Site in violation of this Agreerncnt; or one or more of CDC's Conditions Precedent to the Closing is not fulfilled on or before the time set forth in the Schedule of Performance and such failure is not caused by CDC; or Developer is otherwise in Default of this Agreement and fails to cure such Default within the time set forth in Section 501 hereof, then this Agreement and any rights of Developer or any assignee or transferee with respect to or arising out of the Agreement or the Site, shall, at the option of CDC, be terminated by CDC by written notice thereof to Developer in addition to all other rights and remedies available to developer. From the date of the written notice of termination of this Agreement by CDC to Developer and thereafter this Agreement shall be terminated and there shall be no further rights or obligations between the parties, except that the parties may pursue any other remedies they may have hereunder. 505. Reentry.and Revesting of Title in CDC After the Closinu and Prior to (_'ornpletion of Construction. 505.1 Right of Reentry. In additional to all other rights and remedies the CDC may have at law or in equity, the CDC has the right, at its election, to reenter and take possession of the Site, with all improvements thereon, and terminate and revest the Site in the CDC if after the Closing and prior to the issuance of the Release of Construction Covenants, Developer (or its successors in interest): 37 C:\Documents and Settings\kareny\Local Scuings\Temporary Internet Files \OLKLA\DDA v2 1820 G.doc (a) fails to start the construction of the Improvements as required by this Agreement for a period of thirty (30) days after written notice thereof from CDC; or (b) abandons or substantially suspends construction of the Improvements required by this Agreement for a period of thirty (30) days after written notice thereof from CDC; or (c) transfers or suffers any involuntary transfer of the Site or any part thereof in violation of contrary to the provisions of Section 603 or any other section of this Agreement. 505.2 Limitations on Right of Reentry. Such right to reenter, terminate and revest shall he subject to and be !United by and shall not defeat, render invalid or limit: (a) Any mortgage or deed of trust permitted by this Agreement; or (h) Any rights or interests provided in this Agreement for the protection of the holders of such mortgages or deeds of trust. 505.3 Right of Reentry Referenced in Grant Deed. The Grant Deed shall contain appropriate reference and provision to give effect to CDC's rights as set forth in this Section 505, to reenter and take possession of the Site, with all improvements thereon, arid to terminate and revest in CDC the estate conveyed to Developer. 505.4 Resale By CDC After Revesting. upon the revesting in CI)C of title to the Site as provided in this Section 505, CDC shall, pursuant to its responsibilities under state law, use its reasonable efforts to resell the Site as soon and in such manner as CDC shall find feasible and consistent with the objectives of such law and of the Redevelopment Plan, as it exists or may he amended, to a qualified and responsible party or parties (as determined by CDC) who will assume the obligation of making or completing the Improvements, or such improvements in their stead as shall he satisfactory to CDC and in accordance with the uses specified for the Site or part thereof in the Redevelopment Plan. 505.5 Application of Resale Proceeds. Upon such resale of the Site by CI)C, the net proceeds thereof after repayment of any mortgage or deed of trust encumbering the Site which is permitted by this Agreement, shall be applied: (a) First, to reimburse CDC, on its own behalf or on behalf of the City, all costs and expenses incurred by CDC' or the City, including, but not limited to: any expenditures by CDC or the City in connection with the recapture, management and resale of the Site or part thereof (but less any income derived by (_'DC or the City from the Site or part thereof in connection with such management); all taxes, assessments and water or sewer charges with respect to the Site or part thereof which Developer has not paid (or, in the event that Site is exempt from taxation or assessment- of such charges (:\Documents and Settings\kareny\r.ocal Settings\Temporary lntemet Files\OLKEA\DDA v2 1820 G.doc 38 during the period of ownership thereof by ('DC, an amount, if paid, equal to such taxes, assessments, or charges as would have been payable if the Site were not so exempt); any payments made or necessary to he made to discharge any encumbrances or liens existing on the Site or part thereof at the time of revesting of title thereto in CDC, or to discharge or prevent from attaching or being made any subsequent encumbrances or liens due to obligations, defaults or acts of Developer, its successors or transferees; any expenditures made or obligations incurred with respect to the making or completion of the improvements or any part thereof on the Site, or part thereof; and any amounts otherwise owing CDC, and in the event thereafter available; and (h) Second, to reimburse Developer, its successor or transferee, up to the amount equal to the sum of (i) the costs incurred for the acquisition and development of the Site and for the improvements existing on the Site at the time of the reentry and possession, less (ii) any gains or income withdrawn or made by Developer from the Site or the improvements thereon. Notwithstanding the foregoing or anything to the contrary contained herein, to the extent the reimbursement of the net proceeds set forth above is not allowed under any HUD regulation(s), the parties agree that the parties shall be reimbursed in a manner that conforms with the IIIJD regulations. Any balance remaining after such reimbursements shall he retained by CDC as its property. The rights established in this Section 505 are not intended to he exclusive of any other right, power or remedy, but each and every such right, power, and remedy shall be cumulative and concurrent and shall be in addition to any other right, power and remedy authorized herein or now or hereafter existing at law or in equity. The rights are to be interpreted in light of the fact that CDC will have conveyed the Site to Developer for redevelopment purposes, particularly for development of the Project and not for speculation. 506. Acceptance of Service of Process. In the event that any legal action is commenced by Developer against CDC, service of process on CDC shall he made by personal service upon the Executive Director of CI)C or in such other manner as may be provided by law. In the event that any legal action is commenced by ('1)C against Developer, service of process on Developer shall he made by personal service upon Developer or in such other manner as may be provided by law. 507. 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 such 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. 508. Inaction Not a Waiver of Default. Any failures or delays by either party in asserting any of its rights and remedies as to any Default shall not operate as a waiver of any Default or of any such rights or remedies, or deprive either such party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies shall govern the interpretation and enforcement of this Agreement. 39 C \Documents and Settings \karcn}\Local Settings\Temporary Internet Files \OLK F.A1DDA v2 1820 (i.doc 600. General Provisions. 601. Notices, Demands and Communications Between the Parties. Any approval, disapproval, demand, document or other notice ("Notice") which either party may desire to give to the other party under this Agreement must he in writing and may be given by any commercially acceptable means to the party to whom the Notice is directed at the address of the party as set forth below, or at any other address as that party may later designate by Notice. 'I'o CDC: To Developer: Community Development CI)C of the City of National City 1243 National City Boulevard National City, CA 91950-4397 Attention: Executive Director San Diego Habitat for Ilumanity, Inc. 10222 San Diego Mission Road San Diego, CA 92108 Attention: Executive Director Any written notice, demand or communication shall be deemed received immediately if delivered by hand and shall be deemed received on the third day from the date it is postmarked if delivered by registered or certified mail. 602. Enforced Delay; Extension of Times of Performance. In addition to specific provisions of this Agreernent, performance by either party hereunder shall not be deemed to be in Default, and all performance and other dates specified in this Agreement shall he extended, where delays or Defaults are due to: war; insurrection; strikes; lockouts; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; lack of transportation; governmental restrictions or priority; litigation; unusually severe weather; acts or omissions of the other party; or any other causes beyond the control and without the fault of the party claiming an extension of time to perform. Notwithstanding anything to the contrary in this Agreement, an extension of time for any such cause shall be for the period of the delay and shall commence to run from the time of the commencement of the cause, if notice by the party claiming such extension is sent to the other party within five (5) days of the commencement of the cause. "Times of performance under this Agreement may also be extended in writing by the mutual agreement of Executive Director of the CDC and Developer. 603. 'Transfers of Interest. in Site or Agreement. 603.1 Prohibition. The qualifications and identity of Developer are of particular concern to CDC. It is because of those qualifications and identity that CDC has entered into this Agreement with Developer. For the period commencing upon the date of this Agreement and until all Units are sold, no voluntary or involuntary successor in interest of Developer shall acquire any rights or powers under this Agreement, nor shall Developer make any total or partial 40 C:\Documents and Settings \karenyth cal Settings\Temporary Internet Filrs\OLKEA\DDA v2 1820 G.doc sale, transfer, conveyance, assignment, subdivision, refinancing or lease of the whole or any part of the Site or the Improvements thereon without prior written approval of CDC, except as expressly set forth herein. Any proposed total or partial sale, transfer, conveyance, assignment, subdivision, refinancing or lease of the whole or any part of the Site or the Improvements, other than those permitted in Section 603.2, will entitle CDC to its right of reentry and reverting as set forth in Section 50.5 hereof. For the reasons cited above, Developer represents and agrees for itself, each member and any successor in interest of itself and each member that prior to issuance by City of a Certificate of Completion and without the prior written approval of CDC, there shall be no significant change in the ownership of Developer or in the relative proportions thereof, or with respect to the identity of the parties in control of Developer or the degree thereof, by any method or means. Developer shall promptly notify CDC of any and all changes whatsoever in the identity of the parties in control of Developer or the degree thereof, of which it or any of its officers have been notified or otherwise have knowledge or information. This Agreement may be terminated by CDC if there is any significant change (voluntary or involuntary) in membership, management or control, of Developer or its associates (other than such changes occasioned by the death or incapacity of any individual prior to issuance of a Certificate of Completion). 603.2 Permitted Transfers. Notwithstanding any other provision of this Agreement to the contrary, CI)C approval of an assignment of this Agreement or conveyance of the Site or Improvements, or any part thereof, will he granted in connection with any of the following, subject to CDC and Developer executing appropriate documents of transfer which contain any exceptions or reservation of rights permitted under this Agreement: (a) Any transfers to an entity or entities in which Developer retains a minimum fifty-one percent (51%) of the ownership and beneficial interest and retains management and control of the transferee entity or entities. (b) The conveyance or dedication of any portion of the Site to the City or other appropriate governmental agency, or the granting of casements or permits to facilitate construction of the Improvements (as defined herein). (c) Any requested assignment for financing purposes (subject to such financing being approved by CDC), including the grant of a deed of tnist to secure the funds necessary for construction of the Improvements. (d) Any sale of the Affordable Units as provided herein. In the event of any assignment by Developer under subparagraphs (a) through (c), inclusive, above, not requiring CDC 's prior approval, Developer nevertheless agrees that at least thirty (30) days prior to such assignment it shall give written notice to CI.)C of such assignment and satisfactory evidence that the assignee has assumed jointly with Developer the obligations of this Agreement. 41 C \Documents and Settings\ka-eny\L oca1 Settings\Temporary Internet Files\Or.KEA\DDA v2 1820 G.doc 603.3 Successors and Assigns. All of the terms, covenants and conditions of this Agreement shall be binding upon Developer and its permitted successors and assigns. Whenever the term "Developer" is used in this Agreement, such term shall include any other permitted successors and assigns as herein provided. 603.4 Assignment by CDC. CDC may assign or transfer this Agreement in its entirety, or any of its rights or obligations hereunder. 604. Non -Liability of Officials and Ernpl gees of CDC. No member, official or employee of CDC or the City of National City shall be personally liable to Developer, or any successor in interest, in the event of any Default or breach of this Agreement or for any amount which may become due to Developer or its successors, or on any obligations under the terms of this Agreement. 605. Relationship Between CDC and Developer. It is hereby acknowledged that the relationship between CI)C and Developer is that of independent contractors and not that of a partnership or joint venture and that CDC and Developer shall not be deemed or construed for any purpose to be the agent of the other. Accordingly, except as expressly provided herein or in the Attachments hereto, CDC shall have no rights, powers, duties or obligations with respect to the operation, maintenance or management of the Improvements. Developer agrees to indemnify, hold harmless and defend CDC from any claim made against CDC arising from a claimed relationship of partnership or joint venture between CI)C and Developer with respect to the period of development through the sale of the units on the Site or the hnprovements. 606. CDC Approvals and Actions. Whenever a reference is made herein to an action or approval to be undertaken by CI)C, the Executive Director of CDC or his or her designee is authorized to act on behalf of CDC unless specifically provided otherwise or the context should require otherwise. 607. Counterparts. This Agreement may be signed in multiple counterparts which, when signed by all parties, shall constitute a binding agreement. 608. Integration. This Agreement contains the entire understanding between the parties relating to the subject matter of this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral and written, are merged in this Agreement and shall be of no further force or effect. Each party is entering this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. All exhibits and attachments referred to in this Agreement are hereby incorporated in this Agreement by this reference, regardless of whether or not the exhibits are actually attached to this Agreement. The Recitals to this Agreement arc hereby incorporated in this Agreement by this reference. 609. No Real Estate Brokerage Commissions. CDC and Developer each represent and warrant to the other that no broker or finder is entitled to any cornmission or finder's fee in C:\Documents and Settings \careny\Local Settings\Temporary Internet Files \OLKEA\DDA v2 1820 G.doc 42 connection with Developer's acquisition of the Site from CI)C. The parties agree to defend and hold harmless the other party from any claim to any such commission or fee from any broker, agent or finder with respect to this Agreement which is payable by such party. With respect to the sale of individual units, however. Developer may employ brokers at its discretion. 610. Attorney' Fees. The parties agree that the prevailing party in litigation for the breach and/or interpretation and/or enforcement of the terms of this Agreement shall he entitled to their expert witness fees, if any, as part of their costs of suit, and reasonable attorneys' fees as may be awarded by the court, pursuant to California Code of Civil Procedure ("CCP") Section 1033.5 and any other applicable provisions of California law, including, without limitation, the provisions of CCP Section 998. 611. Titles and Captions. "Titles and captions are for convenience of reference only and do not define, describe or limit the scope or the intent of this Agreement or of any of its terms. References to section numbers are to sections in this Agreement, unless expressly stated otherwise. 612. Interpretation. As used in this Agreement, masculine, feminine or neuter gender and the singular or plural number shall be deemed to include the others where and when the context so dictates. The word "including" shall be construed as if followed by the words "without limitation." This Agreement shall be interpreted as though prepared jointly by both parties. 613. No Waiver. A waiver by either party of a breach of any of the covenants, conditions or agreements under this Agreement to be performed by the other party shall not be construed as a waiver of any succeeding breach of the sarne or other covenants, agreements, restrictions or conditions of this Agreement. 614. Modifications. Any alteration, change or modification of or to this Agreement, in order to become effective, shall be made in writing and in each instance signed on behalf of each party. 615. Severabih y. If any term, provision, condition or covenant of this Agreement or its application to any party or circumstances shall be held, to any extent, invalid or unenforceable, the remainder of this Agreement, or the application of the term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected, and shall he valid and enforceable to the fullest extent permitted by law. 616. Computation of Time. The time in which any act is to be done under this Agreement is computed by excluding the first day (such as the day escrow opens), and including the last day, unless the last day is a holiday or Saturday or Sunday, and then that day is also excluded. The term "holiday" shall mean all holidays as specified in Section 6700 and 6701 of the California Government Code. If any act is to be done by a particular time during a day, that time shall be Pacific Time lone time. 43 C:\Docurnents and Sett ings\kareny\1.ocal Settings\Ternporary Internet Files\OLKEAU)DA v2 1820 G.doc 617. Lgal Advice. Each party represents and warrants to the other the following: they have carefully read this Agreement, and in signing this Agreement, they do so with full knowledge of any right which they may have; they have received independent legal advice from their respective legal counsel as to the matters set forth in this Agreement, or have knowingly chosen not to consult legal counsel as to the matters set forth in this Agreement; and, they have freely signed this Agreement without any reliance upon any agreement, promise, statement or representation by or on behalf of the other party, or their respective agents, employees, or . attorneys, except as specifically set forth in this Agreement, and without duress or coercion, whether economic or otherwise. 618. Time of Essence. Time is expressly made of the essence with respect to the performance by CDC and Developer of each and every obligation and condition of this Agreement. 619. Cooperation. Each party agrees to cooperate with the other in this transaction and, in that regard, to sign any and all documents which may be reasonably necessary, helpful, or appropriate to carry out the purposes and intent of this Agreement including, but not limited to, releases or additional agreements. 620. Conflicts of Interest. No member, official or employee of CDC shall have any personal interest, direct or indirect, in this Agreement, nor shall any such member, official or employee participate in any decision relating to the Agreement which affects his personal interests or the interests of any corporation, partnership or association in which he is directly or indirectly interested. 621. Exhibits_ Attachments and Recitals Incorporated. All exhibits and attachments referred to in this Agreement are hereby incorporated in this Agreement by this reference, regardless of whether or not the exhibits are actually attached to this Agreement. The recitals to this Agreement are hereby incorporated in this Agreement by this reference. 622. Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this Agreement. 623. Authority to Sign. All individuals signing this Agreement for a party which is a corporation, liniited liability company, partnership or other legal entity, or signing under a power of attorney, or as a trustee, guardian, conservator, or in any other legal capacity, covenant to the CDC that they have the necessary capacity and authority to act for, sign and hind the respective entity or principal on whose behalf they are signing. IN WITNESS WIIEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above. CDC: Community Development CDC of the City of National City 44 C:\Doc:uments and Settings\kareny\Local Settings\Temporary Internet Files \OL.KEA\DDA v2 1820 G.doc By: Print Name: Its: APPROVED AS TO FORM: Walter F. Spath III Special Counsel to CDC DEVELOPER: San Diego Habitat for Humanity, Inc., a California nonprofit corporation By: -- Print Name:_ Its:)Lec-eQl -- By:-.-- Print Name: Its: 45 C:\Docmnents and Settings\kareny\Local Settings\Temporary Internet Pilr c\r)1 I 41fN14 v') t R7n (; �hv. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of .? Pit- } Onfl',i(avSrt2& o before me, C.I0LR 0--1 J 4vC 8 O )_ Here Insert Name and Tile o1 the Officer personally appearedC-AACR y L CAROLYN JANE BOLIMAN CommWlon # 1776907 Nofory Public - Colitornia San Diego County Cana Oct J0, 2011 Place Notary Seal Above Name(s) of Srgner(s who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signatur OPTIONAL Signal re of Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document:. _ Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: _- I I Individual Corporate Officer — Title(s): i Partner — : Limited I General I Attorney in Fact 1 Trustee Guardian or Conservator i Other: Signer Is Representing: __. RIGHTTHUMBPRINT OF SIGNER Top of thump here Number of Pages: Signer's Name: _ . I Individual LI Corporate Officer --- Title(s): I Partner — Limited I.' General • Attorney in Fact ' I Trustee I I Guardian or Conservator i Other: Signer Is Representing: - _ RIGHT THUMBPRINT OF SIGNER rf thump here for '02007 Natrona! Notary Asr,ocrahor • 9350 De Soto Ave PO. Box 2402 .Chatsworth. CA 91313-2402 • www NatorralNotary.org Item a5907 Reorder Call lull -free 1 800-876-6827 119 -"17-' 08 118: 31 FROM- T -92-1 131102/UO2 San Diego arf Habitat for Humanity' RESOLUTION OF THE BOARD OF DIRECTORS OF SAN DIEGO HABITAT FOR HUMANITY, INC. This resolution, duly executed by the governing Board of San Diego Habitat for Humanity was made during the Board's regular meeting on January 22, 2008. Upon motion and second it was unanimously resolved that the Executive Director be authorized to all execute agreements, construction contracts, and bonds in regards to the development of the G Street Condominiums located at 1820 G Street and the Harding Avenue Homes located at 1441 Harding Avenue in National City. Secretary _ Date 10222 San Diego Mission Rd. • San Diego CA 92108 • (619) 283-HOME • (619) 516-5264 Fax • www.sdhlh.org CONSENT OF ESCROW AGENT The undersigned Escrow Agent hereby agree to (i) accept the foregoing Agreement, (ii) be Escrow Agent under said Agreement and (iii) he hound by said Agreement in the performance of its duties as Escrow Agent; provided, however, the undersigned shall have no obligation or liability or responsibility under (a) this Consent or otherwise unless and until said Agreement is fully signed by the parties and has been delivered to the undersigned or (b) any amendment to said Agreement unless and until the same shall he accepted by the undersigned in writing. Dated: _ __- _, 2008 Print Name: Its: Title Company 46 C:1Documents and Settings\kareny\Locat Settings\Temporary Internet Files\01-KEAU)DA v2 1820 G.doc Attachment 2 TA, 2 DEVELOPMENT COSTS/SOURCES AND USES OF FUNDS COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY 182o :REST Total Development Costs DEVELOPER SOURCES DONATIONS COMMISSION Construction Loan Equity Grants/ Sponsorships/C ash Donation In -Kind Labor • In -Kind Materials CDC Loan I. Direct Costs Off -Sites Demolition On-Sites/Landscaping Parking Shell Construction Amenities/FF&E Contingency Total Direct Costs II. Indirect Costs Architecture & Engineering Permits & Fees Legal & Accounting Taxes & Insurance Developer Fee Marketing/Sales Contingency Total Indirect Costs III. Financing Costs Loan Fees Interest During Construction Interest During Sales IIOA Dues on Unsold Units Total Financing Costs $219,643 $ S $ $ $ $ 219,643 $11,000 5 $ $ $ S $234,000 $ $ $ 34,000 $ $ $ 200,000 So $ $ $ $ S S $1,028,465 $ $ $ 883,812 S 48,000 $ 48,000 $ 48,653 $16,225 $ $ $ 16,225 $ $ $ $75,00o $ $ $ 75,000 $ $ $ $1,584,333 $ $ $ $ $ $ $94,272 $ $ $ $ S S 94,272 $ioo,o00 $ $ $ $ $ $ 100,000 $24,000 $ $ $ 24:00o $ $ $80,000 $ $ $ $ $ $ 80,000 $155,251 $ $ $ 80,251 $ $ $ 75,000 S16,432 $ $ $ $ $ $ 16,432 $23:000 $ $ $ 23,000 $ S $ $492,955 $ $ $ S $ S So $ $ $ $ $ $ So $ $ $ $ $ $ $o $ $ $ $ $ S $o $ $ $ $ $ $ So $ $ $ $ S S IV. Total Sources and Uses $2,o77,288 • $ ; $ $ 1,136,288 $ 48,000 $ 48,00o $ 834,00o City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE October 7, 2008 AGENDA ITEM NO. 37 r- ITEM TITLE Analysis of development proposal from Sudberry Properties on the Harbor Drive-in site and potential options for processing entitlements and permits with the City of Chula Vista. PREPARED BY Patricia Beard (ext 4255) Redevelopment Manager DEPARTMENT Redevelopment Division EXPLANATION On August 19, 2008 the CDC approved an Exclusive Negotiation Agreement with NCSDI No. 1 LLC, Derr Family Ventures LP, and Derco Properties, LLC to explore a possible shopping center project for properties owned and/or controlled by the developers and the CDC. Roughly 40-percent of the property lies in the City of Chula Vista and 60-percent lies in the City of National City. Staff of both Cities have been meeting together to discuss ways of processing land use entitlements for the project as well as the concept of "straight -lining" the boundary between the two Cities (National City's southern boundary between 1-5 and 1-805). A memorandum from the Executive Director provides a full analysis of potential options and a recommendation for the City Council to consider. Environmental Review Not applicable. Financial Statement The developer has deposited $25,000 with the CDC., 50-percent of which is refundable. Account No. 511-409-500-598-3850 STAFF RECOMMENDATION Recommend moving forward by preparing a MOU to cooperatively plan, permit, and build Derr-Sudberry development. Further direction needed on "straight -lining" effort. BOARD / COMMISSION RECOMMENDATION Not applicable. STRATEGIC GOAL 2) Achieve fiscal sustainability; 5) Focus long-range planning; 7) Make an impact; 9b) Draw attention to important Gateways and Intersections. ATTACHMENTS 1. Memorandum 2 Resolution No. ALI:FORNIA nIf� Y acjc3v xNCORPORArEp MEMORANDUM DATE: October 7, 2008 TO: Chris Zapata, City Manager FROM: Brad Raulston, Community Development Executive Director SUBJECT: Analysis of development proposal from Sudberry Properties and potential options for processing entitlements and permits. Sudberry Properties, Inc. is proposing to develop the Gateway Shopping Center on an approximately 27.20-acre site that is located partially within the Cities of National City and Chula Vista. Approximately 17.98 acres (or 66.1%) of the site is within the City of National City and approximately 9.22 acres (or 33.9%) is located within the City of Chula Vista. The current development proposal anticipates total building area of 280,501 sq. ft. in which 133,601 sq. ft. is within the City of National City and 146,900 sq. ft. is within the City of Chula Vista. Sudberry Properties, Inc. is a qualified developer with extensive experience in similar projects throughout San Diego County. The Sudberry development proposal will require land use coordination between the jurisdictions and time is of the essence. Analysis has been conducted for three potential options and they are summarized as follows: 1. (Preferred) Initiate a cooperative planning effort between the cities to process entitlements and permits without a boundary adjustment. Sales tax revenues would be based on location of retail points of sale. (Preferred Option) 2. Form a land use and revenue sharing authority to process entitlements/permits and share revenues created by proposed development. (Joint Powers Option) 3. Process a boundary adjustment bridge to bridge from Highland Ave to National City Blvd prior to processing the proposed development. (LAFCO Option) The main reasons for recommending Option #1 as the preferred option are that it was done successfully in the past through a memorandum of understanding (MOU) for the Wal-Mart/Dixieline retail center, it is the most expeditious option, and it simplifies a complicated process to forecast and share revenues, both projected and existing. 1243 National City Blvd, National City, California 91950 Within the last year, National City proposed establishing a Joint Powers Authority with Chula Vista to create a land use and revenue sharing authority to oversee the development of the site and share the revenues generated from the development. (Option #2) The City of Chula Vista offered a counterproposal that included a boundary adjustment between the Cities from Highland Ave. to National City Blvd. (Option #3) Under Option #3, Chula Vista proposed taking over control and revenues from the Dixieline, Ross, and Office Depot shopping center (South Site) south of the Sweetwater Channel in exchange for allowing the entire drive-in site (Derr property or North Site) to be controlled by the City of National City. The table below demonstrates that the Chula Vista counterproposal does not balance revenues between the Cities. In 2007-2008 FY, National City received approximately $1,047,856 of sales tax and district tax revenue from the South Site. Projections for the proposed development are estimated to generate approximately the same amount of revenue, $1,035,255. However, due to the district tax, (which does sunset in 2016) roughly two-thirds of that revenue would be within the current National City boundary. Revenue projections from the Sudberry proposal after a boundary adjustment are estimated at $1,402,505. A cooperative planning effort without a boundary adjustment would generate an estimated $668,005 in additional sales and district tax revenue to National City from the Sudberry proposal with a combined total of $1,715,591. It is estimated that an additional $313,086 in annual revenue would be created by not processing the boundary adjustment. It should be emphasized that these projections are very preliminary. EXISTING REVENUES FROM SOUTH SITE Grand Total PROPOSED REVENUES FROM NORTH SITE (Very Preliminary Projections) So. Ft. Square footage proposed in National City 133,601 Square footage proposed in Chula Vista 146,900 Grand Total Avg $ 250 250 2007/2008 Revenues Sales Tax District Tax $523,793 $523,793 Projections Sales Tax District Tax $334,003 $334,003 $367,250 OTHER??? TOTAL REVENUE-COOPERTATIVE PLANNING EFFORT W/O BOUNDARY ADJUSTMENT Total Local Revenues $1,047,586 $668,005 $367,250 $1,035,255 $1,715,591 TOTAL REVENUE-COOPERTATIVE PLANNING EFFORT WITH BOUNDARY ADJUSTMENT $1,402,505* *includes additional district tax to be generated by development not included in Chula Vista calculation Many uncertain variables exist for the undeveloped North Site (Sudberry) while a certain stabilized revenue source for National City exists on the South Site (WaI-Mart/Dixieline) The Sudberry proposal is still in concept form. Specific tenants for the development are speculative at this time so a potential revenue analysis is approximate and very preliminary. For discussion purposes, an average gross taxable receipts per sq. ft. figure of $250 was applied for the potential development. This figure could vary widely based on the tenant mix. Furthermore, uncertainties related to the cost of developing 1243 National City Blvd, National City, California 91950 the North Site make recovering potential costs/investments another major unknown factor. Potential impacts, and costs, to infrastructure and service levels for National City have not been fully analyzed and may uncover unexpected costs. Additionally, the developer has already opened discussions on how redevelopment assistance may be required to make the proposal feasible. All options require significant coordination with the City of Chula Vista. The relative simplicity of Option #1 and the following reasons reiterated below is the basis for staff's recommendation. • In 1994, National City and Chula Vista entered into memorandum of understanding (MOU) to cooperatively plan and process the Wal-Mart/Dixieline project that was built. This arrangement was effective in allowing a similar development to be developed under comparable conditions and issues. • Working on parallel tracks on the entitlements and permits of the Sudberry proposal rather than a hypothetical revenue sharing agreement, or uncertain boundary adjustment, allows the most expeditious process to move the project forward. • This follows the City Council's objective of increasing municipal revenues to work toward the objective of fiscal sustainability, and responds to the need of the developer to move this project forward despite the economic uncertainty in the real estate market. • The preferred option will generate significant incremental revenues for both cities projected at $367,250 in sales tax for Chula Vista and $668,005 in sales and district tax for National City. 1243 National City Blvd, National City, California 91950 6 MOBILE HOME PARK .. -_---" PAD PARCEL A • FUEL SERVICE OPTION RESUME. SITE TOTAL RESUME- PARCEL A RESUME- PARCEL B RESUME- PARCEL C RESUME- PARCEL D 517E AREA 1,184,623 5F (27.20 ACRES) SITE AREA 187,664 5F (1.31 ACRES) SITE AREA 401,532 SF (9. 22 ACRES) 597E AREA 508.259 5F '11 67 ACRES) 517E AREA: 87.168 5F ;2 00 ACRES: BUILDING AREA 281.201 SF BUILDING AREA: 35.900 SF BUILDING AREA. ' 19,000 SF BUILDING AREA. 125,601 SF BU:LD4NG AREA K 5F FAA. 23.74% F.A.R. 19.13% F.A.R. 29. 64% F.A.R. 24. 75% FA. R. K% PARKING: 1,224 STALLS PARKING: 176 STALLS PARKING: 517 STALLS PARKING. 531 STALLS PARKING K STALLS RATIO: 4.35/ 10005E RATIO: 4.9/ 1.0005F RA110: 4.34/ 1,0005F RAT:0- 4.23/ 1,0005F RATIO K/ 1,0005F ,.wRARAFEmoo RESUME- PARCEL A .OPTION SITE AREA 134.148 5F (3.08 ACRES) BUILDING AREA: 10,500 5F F.A.R 7.83% PARKING 1205TALLS RATIO: 11.43/ 1,0005F MOBILE HOME PARK i Q V D 0D I`=. .1 a.n D i.,-s(1 ..1`� i fl [M;:BILE -iOVE ARK 0 m 0 c-T- PARCEL A PARCEL E 17,553 5F 0.40 ACRES PARCEL F 7,232 SF 0.17 ACRES S W E E T W A T E R R- I V E R B A N K Lo Z e • • 1-; 1.1ri oJJd PRCELCI ml III' IJ 0SE n• , T-73i ' 01 I1I t I i¢t+i0 ,fi I . J ray " PARCEL D 2.00 ACRES IAINI STORAGE FACILITY 1r� MON SCHEME A ■p NORTH 11,t7 Sutiberry 13vpatits. Inc. THE 'G ATEW A:Y CNULA VISTA / NATIONAL CMY, CA.LIPORNIA SGPA ARCHITECTURE•PLANNING SAN 01E00 SAN FRANCISCO