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HomeMy WebLinkAbout2008 12-16 CC CDC AGENDA PKTAgenda Of A Regular Meeting - National City City Council / Community Development Commission of the City of National City Council Chambers Civic ('enter 1243 National City Boulevard National City, California Regular Meeting - Tuesday — December 16, 2008 — 6:00 P.M. Open 7'o 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 (CD(.') 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 fbr your presence and wish you to know that we appreciate your involvement. ROLL, CALL Pledge of Allegiance to the Flag by iMay'or Ron Morrison Public Oral Communications (Three -Minute "Time Limit) NOTE: Pursuant to state law, items requiring Council or Community Development Commission action must he brought hack on a subsequent Council or Community Development Commission Agenda unless they are of a demonstrated emergency or urgent nature. Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at (619) 336-4228 to request a disability -related modification or accommodation. Notification 24-hours prior to the meeting will enable the ()ty 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 lohhr at the beginning of the meetings. Audio interpretation en espanol se proporciona durance sesiones del Consejo Municipal. Los audiofonos estan disponibles en el pasillo al principio de la junta. Council Requests That All Cell Phones And Pagers Be Turned Off During City Council Meetings COPIES OF THE CITY COUNCIL OR COMMUNITY DEVELOPMENT COMMISSION MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.nationalcityca.gov CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 12/16/2008 - Page 2 PRESENTATIONS ,,.0' 1. Port of San Diego's Public Art Update. (National City Representative, Susanna H. Peredo) INTERVIEWS/APPOINTMENTS 2. Board and Commission Interviews/Appointment: Port Commission. (City Clerk) 3. Appointment to fill City Council vacancy. (City Attorney) CITY COUNCIL CONSENT CALENDAR Consent Calendar: Consent calendar items involve matters, which are of a routine or noncontroversial nature. All consent calendar items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. 4. Approval of the Minutes of the Regular City Council/Community Development Commission Meeting of December 2, 2008. (City Clerk) 5. 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. (City Clerk) Resolution of the City Council of the City of National City accepting conveyance of real property from property owner Dwayne N. Junker, directing the recordation of a street easement for a portion of land for street purposes at M Avenue south of 9th Street, and dedicating and naming the parcel of land on M Avenue. (Engineering) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 12/16/2008 - Page 3 CONSENT CALENDAR (Cont.) 7. Resolution of the City Council of the City of National City approving Modification of Conditions of Approval for a previously approved five lot subdivision map to waive undergrounding existing utilities at 940 East 16th Street. (Applicant: Janice Martinelli) (Case No. 2008-31 M1, (2007-15 S) (Planning) 8. Resolution of the City Council of the City of National City ratifying the acceptance of a $40,000 grant from California Library Literacy Services to fund the Library's literacy programs for FY08-09. (Library) 9. Resolution of the City Council of the City of National City authorizing the Chief of Police to enter into Memorandums of Understandings with the Sweetwater Union High School District and the National School District for joint funding of the School Resource Officer Program for a total reimbursement of $194,847.41 for Police School Resource Officer services. (Police) 10. Resolution of the City Council of the City of National. City authorizing the Mayor to execute a second Amendment to the Agreement with Tyler Technologies, Inc. in the amount of $14,705.00 to implement the Human Resources web module into the EDEN financial system. (MIS) 11. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Amendment to the FY2008 Agreement with GlobalPresenters.Com. Inc. in the amount of $57,785.03 to complete Phase II of the Council Chambers audio/video improvements. (MIS) 12. Resolution of the City Council of the City of National City authorizing the acceptance and recordation of a Quitclaim Deed for property and improvements located at 1430 "D" Avenue and 1521 "C" Avenue; and authorizing the Mayor to execute a bill of sale and a lease between the City of National City and the Boys' and Girls' Club of National City for said property. (City Attorney) 13. Resolution of the City Council, of the City of National City approving an amended Policy Number 602 of the City Council Policy Manual pertaining to the City Council clerical staff and Executive Assistant to the Mayor. (City Attorney) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 12/16/2008 - Page 4 CONSENT CALENDAR (Cont.) 14. Resolution of the City Council of the City of National City designating the representatives authorized to order the deposit and withdrawal of City monies with financial institutions on behalf of the City of National City. (Finance) 15. Resolution of the City Council of the City of National City approving an amended Policy #301 of the City Council Policy Manual pertaining to the framework for National City's revised Legislative and Judicial Platform. (City Manager) 16. WARRANT REGISTER #21 Warrant Register #21 for the period of 11/12/08 through 11/18/08 in the amount of $1,785,630.60. (Finance) 17. WARRANT REGISTER #22 Warrant Register #22 for the period of 11/19/08. through 11/25/08 in the amount of $1,700,408.27. (Finance) PUBLIC HEARING 18. Public Hearing and Proposed Finding of No Significant Environmental Effect for a proposed 9 lot subdivision map, including a density bonus and development incentives for providing one affordable unit on a 0.71-acre site at 2121 Grove Street. (Applicant: Amold Schmidt) (Case File No 2007-59 S, IS) (Planning) ORDINANCE FOR INTRODUCTION 19. An Ordinance establishing the compensation of the Mayor and City Council by maintaining said compensation at its current level established in 2003, and approving the payment of two percent of their PERS contribution from their respective salaries. (City Attomey) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 12/16/2008 - Page 5 ORDINANCES FOR ADOPTION 20. An Ordinance of the City Council of the City of National City authorizing an Amendment to the contract between the City of National City and the Board of Administration of the California Public Employees' Retirement System to provide for the merger of the City of National City with the Community Development Commission of the City of National City for purposes of the retirement system. (Finance) 21. An Ordinance of the City Council of the City of National City amending Title 1 of the National City Municipal Code by amending Chapter 1.24, Section 1.24.010 of the City's "Holidays Named" Ordinance by adding certain holidays, deleting unnecessary dates, and clarifying the language. (City Attorney) 22. An Ordinance of the City Council of the City of National City amending Title 2 of the National City Municipal Code by amending Chapter 2.04, Section 2.04.020 "Dispensing with Meetings" by providing greater specificity to the provision that the City Council does not meet on an election day. (City Attorney) NEW BUSINESS 23. Disclosure of property interest located within redevelopment project area; Vice - Mayor Alejandra Sotelo-Solis. (City Attorney) 24. Request to Use Martin Luther King Jr. Community Center by Cornerstone Church of San Diego for a "Free Community Dinner" on December 31, 2008, with no waiver of fees. (Community Services) 25. Request to use the Martin Luther King Jr. Community Center by the San Diego County Superintendent of Schools for their training on Thursday, January 15, 2009 with no waiver of fees. (Community Services) 26. Request that City Council allow the National City Representative on the Port's Public Art Committee, to request that $45,000 be set aside on the Port of San Diego's 2009-10 Public Art Acquisitions List for 19th Century inspired seating groups along Marina Way. No funding impact to the City. (Community Services) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 12/16/2008 - Page 6 NEW BUSINESS (Cont.) 27. Request that City Council direct the National City Representative on the Port's Public Art Committee to request that $15,000 be set aside on the Port of San Diego's 2009-10 Public Art Acquisitions List for artistic enhancements to the sidewalk between the new Marina and Pepper Park. No funding impact to the City. (Community Services) 28. Request that City Council direct the National City Representative on the Port's Public Art Committee to request that $35,000 be set aside on the Port of San Diego's 2009-10 Public Art Acquisitions List for an Urban Tree in National City's Pepper Park Entryway Roundabout. No funding impact to the City. (Community Services) 29. Request to use the Martin Luther King, Jr. Community Center by the Community Service Division for a community viewing of the Presidential Inauguration events on Tuesday, January 20, 2009, from 7:00 a.m. to 1:00 p.m. as a City -sponsored event. (Community Services) COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 30. Authorize the reimbursement of Community Development Commission expenditures in the amount of $232,118.78 to the City of National City for the period of 11/12/08 through 11/18/08. (Finance) 31. Authorize the reimbursement of Community Development Commission's expenditures in the amount of $95.99 to the City of National City for the period of 11/19/08 through 11/25/08. (Finance) NEW BUSINESS 32. Report — Quarterly update on the area -wide environmental assessment of the Westside Neighborhood being conducted under a grant from the US Environmental Protection Agency (''EPA"). (Redevelopment Division) ..i CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 12/16/2008 - Page 7 STAFF REPORTS MAYOR AND CITY COUNCIL 33. Discussion of Sweetwater Authority Board. (Council initiated) ADJOURNMENT Next Regular City Council and Community Development Commission Meeting - Tuesday — January 6, 2009 - 6:00 p.m. — Council Chamber - National City. TAPE RECORDINGS OF (.'JTY COUNCIL/('OMiIUNITY DEVELOPMENT COMMISSION MEETINGS ARE AVAILABLE FOR SALE IN THE CITY CLERK'S OFFICE ITEM #1 12/16/08 PORT OF SAN DIEGO PUBLIC ART UPDATE - SUSANNA H. PEREDO - City of National City, California COUNCIL AGENDA STATEMENT rr.,rEETING DATE December 16, 2008 AGENDA ITEM NO. 2 ITEM TITLE PREPARED BY EXPLANATION BOARD AND COMMISSION INTERVIEWS/APPOINTMENT: PORT COMMISSION Michael R. Dalla DEPARTMENT City Clerk EXT. The term of National City's Port Commissioner, Robert (Dukie) Valderrama, expires on January 2, 2009. Commissioner Valderrama has requested that he be considered for re -appointment. In accordance with provisions of the Maddy Act and City Council Policy #107, Notice of the Vacancy has been publicly posted and advertised in the Union Tribune and Star News. Interested applicants were asked to submit an application by noon on December 15th and to appear for an interview before the City Council on December 16th Any applications received will be provided to you prior to the meeting 1 Environmental Review XX N/A MIS Approval Financial Statement None Approved By: Finance Director Account No. STAFF RECOMMENDATION Interview and appoint. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. TNone. Applications will be distributed separately. A•200 (Rev. 7/03) City of National City, California COUNCIL AGENDA STATEMENT ;, ,,IIEETING DATE December 16, 2008 AGENDA ITEM NO. 3 (---- ITEM TITLE APPOINTMENT TO FILL CITY COUNCIL VACANCY PREPARED BY George H. Eiser, III 11 DEPARTMENT City Attorney (Ext. 4221) EXPLANATION With the announced resignation of Councilmember Natividad effective January 5, 2009, a vacancy will occur on the City Council. In this situation, the Council has two options, which are set forth in Section 36512 of the Government Code: 1) Within 30 days of commencement of the vacancy, fill the vacancy by appointment; or 2) Within 30 days of commencement of the vacancy, call a special election to fill the vacancy. The special election shall be held on the next regularly established election date, not Tess than 114 days from the call of the special election. Vice -Mayor Morrison has expressed the desire to have the City Council vacancy advertised, for the purpose of receiving applications from persons wanting to be appointed to fill the vacancy. Although the vacancy will not occur until January 5, there is no obstacle to starting the process to advertise for the vacancy prior to that time. Commencement of the process should be directed by the City Council. Assuming the City Council authorizes advertising for the vacant position, the Council will still retain both of the two options explained above. A vacancy last occurred on the City Council after the November, 2006 election when Mayor Morrison vacated his Council seat to assume the office of Mayor. Attached is a memorandum pertaining to ``" that vacancy, which discusses the procedures followed by the City Council at that time, as well as alternative procedures available to the Council. Environmental Review N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION N/A BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Memorandum of December 7, 2006 Letter of Resignation from Councilmember Natividad A-200 (9/99) Councilman Luis Natividad 1243 National City Blvd. National City, CA 91950 December 4, 2008 City Clerk Michael Dalla 1243 National City Blvd National City, CA 91950 Dear Mr. Dalla; RECEIVED CITY CLERK Z000 DEC -5 P 2: 4 2 CITY OF NATIONAL CITY hereby submit to you my resignation from the City Council of National City to be effective January 5, 2009. CITY OF NATIONAL CITY OFFICE OF THE CITY ATTORNEY 1243 National City Boulevard, National City, CA 91950-4301 George H. Eiser, III • City Attorney Phone: (619) 336-4220_ Fax: (619) 336-4327 TDD: (619). 336-1615 E-mail: Attorney@ci.national-city.ca.us TO: Mayor and City Council DATE: December 7, 2006 FROM: City Attorney SUBJECT: Appointment to Fill City Council Vacancy With the election of Vice -Mayor Morrison to the office of Mayor, a vacancy occurred on the City Council when Vice -Mayor Morrison was sworn in on December 5. Briefly stated, the Council has two options, which are set forth in Section 36512 of the Government Code: 1 Within 30 days of commencement of the vacancy, fill the vacancy by appointment; or 2. Within 30 days of commencement, call a special election to fill the vacancy. The special election shall be held on the next regularly established election date, not less than 114 days from the call of the special election. At the November 21 City Council meeting, the Council approved a motion to advertise for applicants for the City Council vacancy. As part of the motion, it was stipulated that all applicants must submit a statement of their financial interests, a resume, and nomination papers containing the signatures of at least 20 registered voters. It was also part of the motion that it was the Council's preference that any appointment be made with four councilmembers present. Lastly, the Council set a deadline for applications to be turned in by 6:00 p.m. on December 11, and scheduled a City Council meeting for December 12 at 6:00 p.m. to conduct interviews of applicants. The question has arisen as to whether an individual who has applied for appointment to the vacant City Council position may, upon the City Council's request, make a binding commitment not to seek election for a full term of office at the November 2008 election. As stated above, Section 36512 of the Government Code contains the provisions for filling vacancies on the City Council. In addition to providing the City Council the options to either appoint a person to fill the vacancy or call a special election, Section 36512 also provides that a city may enact an ordinance which: NIS Appointment to Fill City Council Vacancy December 7, 2006 Page 2 a) Requires that a special election be called immediately; b) Requires that a special election be held when petitions containing a specified number of signatures are filed; c) Provides that a person appointed to fill a vacancy hold office only until the date of a special election. However, there is no provision in the law authorizing an appointment to fill a City Council vacancy conditioned upon a commitment by the person appointed not to seek election for a full term at the next general municipal election. Only where there is a temporary appointment made in connection with the calling of a special election to fill the vacancy may the terns of the appointee be limited, and this limitation would be based upon an ordinance. Accordingly, it is my opinion that if a person is appointed to fill a City Council vacancy based upon a promise not to seek election to a full term at the general municipal election, that promise would not be enforceable. GEORGE . EISER, 1II City Attorney GI-IE/gmo • Page 2 ITEM #4 12/16/08 Approval of the Minutes of the Regular City Council/Community Development Commission Meeting of December 2, 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 #5 12/16/08 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 NorIEETING DATE December 16, 2008 AGENDA ITEM NO. 6 ITEM TITLE A Resolution of the City Council of the City of National City accepting conveyance of real property from property owner Dwayne N. Junker, directing the recordation of a street easement for a portion of land for street purposes at M Avenue south of 9th Street, and dedicating and naming the parcel of land M Avenue PREPARED BY Adam Landa DEPARTMENT Engineering EXT. 4394 EXPLANATION Mr. Mr. Dwayne Junker, the owner of the property on M Ave. south of 9th Street, has submitted a notarized Street Easement for a portion of land describe in the attached Legal Description for dedication. The owner is requesting that the City Council accept and approve the street dedication. At the present time, the existing sidewalk, curb, and gutter is on private land. The dedication is part of a new parcel map development for the existing sidewalk, curb & gutter. The Street Easement will be filed with the County Recorder when the City Council has approved it. Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATI ' N th Resolution BOARD/COM S1•N MMENDATION N/A ATTACHMENTS (Listed Below) Resolution No. 1. Resolution Nui 2. Copy of notarized Street Easement 3. Exhibit A M Ave A-200 (Rev, 7/03) RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING CONVEYANCE OF REAL PROPERTY FROM PROPERTY OWNER DWAYNE N. JUNKER, DIRECTING THE RECORDATION OF A STREET EASEMENT FOR A PORTION OF LAND FOR STREET PURPOSES AT "M" AVENUE, SOUTH OF 9TH STREET, AND DEDICATING AND NAMING THE PARCEL OF LAND AS "M" AVENUE BE IT RESOLVED by the City Council of the City of National City that pursuant to Resolution No. 7083, the City Clerk is hereby ordered to execute a Certificate of Acceptance, and to record the following instrument conveying an interest real estate to the City of National City: STREET EASEMENT DEED dated November 8, 2008, from Dwayne N. Junker (A.P.N. 567-173-03). BE IT FURTHER RESOLVED as follows: 1. That Dwayne N. Junker has conveyed the real property described in the attached Exhibit "A" to the City of National City for right-of-way purposes. 2. That the City of National City desires that said property be dedicated for public right-of-way purposes. 3. That the described real property in Exhibit "A" shall henceforth be known as a portion of "M" Avenue. PASSED and ADOPTED this 16th day of December, 2008. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Exhibit 'A' All that portion of Parcels 1 and 2 of Parcel Map No. 20521, in the City of National City, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County on June 27, 2008, described as follows; Commencing at the Southwest corner of said Parcel 2; thence North 17 degrees 43 minutes 11 seconds West along the West line of said Parcel 2, a distance of 13.00 feet to the True Point of Beginning; thence continuing North 17 degrees 43 minutes 11 seconds West along said West line, a distance of 34.07 feet to a point on a curve, concave westerly, having a radius of 34.50 feet, a radial bearing to said point bears North 42 degrees 41 minutes 14 seconds East; thence southerly along said curve through a central angle of 59 degrees 11 minutes 09 seconds, a distance of 35.64 feet to the True Point of Beginning; said parcel of land containing 103.6 square feet. RECORDING REQUESTED HY WHEN RECORDED, MAIL THIS DEED AND, UNLESS OTHERWISE SHOWN BELOW, MAIL TAX STATEMENT TO: SPACE ABOVE THIS LINE FOR RECORDER'S USE The undersigned grantor(s) declare(s)- Document transfer tax is $ City of National City, and STREET EASEMENT APN 567-173-03 FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Dwayne N. Junker and Keiko Junker as Trustees of the Junker Family Trust Dated July 9, 1995 hereby GRANT(S) to The City of National City, Dated -EmecrL- 100?3 See Exhibit 'A' State of California___ County of_-‘314,t1 >D1e-66) t ss. On the. .__ day ofAll' (1 E/48 4' .20' before me A'r. ?12E3 a notary public, personally appeared tih)A41/46 N' J iiKEIZ� 4JJ Elko SutiKtme, Narne(f0 of Signer(t1 who proved to me on the basis of satisfactory evidence to be the persor0 whose namtt0 is/Cris/Crj subscribed to the within instrument and acknowledged to me that he/she6& executed the same in his/her/ authorized capacity to)), and that by his/her/d%ir signature/9) on the instrument the persona or the entity upon behalf of which the person0 acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the forgoing paragraph is true and correct. Sign lure of Gr ttor 4 OE WLLNESS my hand and official seal. OFFICIAL SEAL W PIRES NOTARY PUBLIC-CALIFORNIAA COMM. NO. 1707563 -- SAN DIEGO COUNTY MY COMM. EXP. DEC. 24, 2010 I notarial seal) Exhibit 'A' All that portion of Parcels 1 and 2 of Parcel Map No. 20521, in the City of National City, County of San Diego, State of California, filed in the office of the County Recorder of San Diego County on June 27, 2008, described as follows; Commencing at the Southwest corner of said Parcel 2; thence North 17 degrees 43 minutes 11 seconds West along the West line of said Parcel 2, a distance of 13.00 feet to the True Point of Beginning; thence continuing North 17 degrees 43 minutes 11 seconds West along said West line, a distance of 34.07 feet to a point on a curve, concave westerly, having a radius of 34.50 feet, a radial bearing to said point bears North 42 degrees 41 minutes 14 seconds East; thence southerly along said curve through a central angle of 59 degrees 11 minutes 09 seconds, a distance of 35.64 feet to the True Point of Beginning; said parcel of land containing 103.6 square feet. Nigro Nero 411/0 SCALE 1"=10' NINTH STREET I..., STREET SURVEY r MONUMENT 30' EXIST. IMPROVEMENTS PER 3679-D co 0 0 ai r OWNER DWAYNE JUNKER, TRUSTEE KEIKO JUNKER, TRUSTEE 1766 SOUTH POINT DRIVE BONITA, CA 91902-4043 PH: (619) 279-2008 PREPARED BY: GARY L. HAY RCE 26545 17412 S. ALLENDALE DRIVE BELTON, MO. 64012 (913) 312 - 4817 �, Pa o©E 9 �t �,L A/ t.y1%' - l � N% ti9 #-- P.L. 73 A 0 LDIMEI. iL\P Ka MEM 1.00' STREET EASEMENT 103.6 SQ. FT. (/J EXIST. CONC. DRIVEWAY S.W. COR. PARCEL 2 \ -- P.L. CASE FILE NO. LS-2003-2 City of National City, California COUNCIL AGENDA STATEMENT VIVIEETING DATE December 16, 2008 Noir AGENDA ITEM NO. 7 ITEM TITLE Resolution Approving Modification of Conditions of Approval for a Previously Approved Fiv� Lot Subdivision Map to Waive Undergrounding Existing Utilities at 940 East 16th Street. (Applicant: Janice Martinelli) (Case File No. 2008-31 M1, (2007-15 S)) PREPARED BY Angela Reeder 336-4310 DEPARTMENT Planning EXPLANATION The City Council voted to approve this item at the December 2, 2008 public hearing. The attached resolution is needed to follow through on the action. Environmental Review N/A Categorical Exemption, Class 1, Section 15301 (Existing Facilities) Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the attached Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. `,. 1. Resolution A-200 (9/99) RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A MODIFICATION OF CONDITIONS OF APPROVAL FOR A PREVIOUSLY APPROVED FIVE LOT SUBDIVISION MAP TO WAIVE UNDERGROUNDING EXISTING UTILITIES AT 940 EAST 16TH STREET CASE FILE NO. 2008-31 M1 WHEREAS, application was made for approval of a Modification of the Conditions of Approval of Tentative Subdivision Map, 2007-15 S, a subdivision to create five lots at 940 East 16th Street, on property generally described as: The westerly half of the northerly half of 20 acre Lot 1 in Quarter Section 133 , Rancho de la Nacion, in the city of National City, County of San Diego, State of California, according to map thereof No. 166, filed in the Office of the County Recorder of San Diego County. WHEREAS, the Planning Commission of the City of National City considered said application at a duly advertised public hearing held on October 6, 2008, and October 20, 2008, and by Resolution recommended approval of the requested modification; and WHEREAS, the City Council considered said application at a public hearing held on November 18, 2008, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council considered the staff report prepared for Case File No. 2008-31 M1 which is maintained by the City, and incorporated herein by reference, along with evidence and testimony at said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the testimony and evidence presented to the City Council at the public hearing held on November 18, 2008, for the Modification of the Conditions of Approval of Tentative Subdivision Map 2007-15 S to waive the requirement to underground existing utilities, Condition Number 21, support the following findings: 1. The waiver of undergrounding existing utilities will not be detrimental to the public health, safety, or welfare or be detrimental to the use of other properties in the vicinity as the area is already developed, existing utility poles are prevalent in the surrounding area, the existing utilities on site have been relocated underground, and the removal of the four poles bordering the property may result in installation of additional poles in the area, thereby undergrounding along the property boundaries would not result in a substantial improvement of utilities in the area. Resolution No. 2008 — December 16, 2008 Page 2 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 and the undergrounding completed on site has served to improve the property values in the area. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, said Modification of the Conditions of Approval of Tentative Subdivision Map 2007-15 to waive the requirement to underground the existing utilities at 940 East 16th Street is hereby approved, and Condition Number 21 is modified to read "All utility distribution facilities within the boundaries of the subdivision shall be placed underground." BE IT FURTHER RESOLVED that all other Conditions of Approval contained within Resolution 2007-199 remain applicable to Tentative Subdivision Map 2007-15, as written and provided in Exhibit "A", and copies of this Resolution shall be transmitted forthwith to the applicant. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant. BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 16th day of December, 2008. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Nere City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December 16, 2008 AGENDA ITEM NO. 8 ITEM TITLE Resolution of the City Council of the City of National City ratifying the acceptance of a $40,000 grant from California Library Literacy Services to fund the Library's literacy programs for FY08-09 PREPARED BY Minh Duong DEPARTMENT Library EXPLANATION This grant is awarded as a baseline of $40,000 by the California Library Literacy Services (CLLS) to support the following programs: • Adult Literacy Service—$10,000 • English Language Literacy Intensive—$10,000 • Families for Literacy--$10,000 • Mobile Library Literacy Services—$10,000 The CLLS funding formula consists of 3 parts: 1. A baseline to provide for a minimum of staffing and services; 2. A per capita amount per adult learner served in the previous year; 3. A local match provided by our CDBG funding of $47,250. The baseline of $40,000 is awarded at the beginning of the fiscal year. The remainder of the award will be determined by applying the other 2 parts of the formula - per capita and match - and will be awarded later on paring the year. Environmental Review ✓ NIA Financial Statement Account No. STAFF RECOMMENDATION Approval recommended. BOARD / COMMISSION RECOMMENDATION Approved November 12, 2008 by the Library Board of Trustees. ATTACHMENTS ( Listed Below) Resolution No. Copy of Award Letter. Copy of Application RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RATIFYING THE ACCEPTANCE OF A $40,000 GRANT FROM CALIFORNIA LIBRARY LITERACY SERVICES TO FUND THE NATIONAL CITY PUBLIC LIBRARY'S LITERACY PROGRAMS FOR FY 2008/09 WHEREAS, on October 2, 2008, the National City Public Library received a grant in the amount of $40,000 from the California Library Literacy Services (the "CLLS Grant") to fund the Library's literacy programs for FY 2008/09; and WHEREAS, on November 12, 2008, the National City Library Board of Trustees approved and accepted the CLLS Grant; and WHEREAS, in keeping with the City's efforts to memorialize all grants accepted by the City, it is recommended that the City Council ratify the acceptance the California Library Literacy Services Grant in the amount of $40,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby ratifies the acceptance a California Library Literacy Services Grant in the amount of $40,000 to fund the National City Public Library's Literacy Programs for FY 2008/09. PASSED and ADOPTED this 16th day of December, 2008. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney CALI FORN/A SIATL LIBRARY 1 o II N I) l I) : :I S October 2, 2008 Ms. Minh Duong, City Librarian National City Public Library 1401 National City Boulevard National City, CA 91950-3314 Dear Ms. Duong: I am pleased to inform you that your application has been approved and that your California Library Literacy Services (CLLS) program will receive a baseline amount for the 2008/09 fiscal year to support the following approved CLLS program component(s): • Adult Literacy Service - $10,000 • English Language Literacy Intensive - $10,000 • Families For Literacy - $10,000 • Mobile Library Literacy Service - $10,000 This is the first part of your total allocation for the 2008/09 fiscal year, and you may claim this amount immediately by signing and mailing the attached claim form to the State Library's budget office. As you know, our CLLS funding formula consists of three parts which reflect our CLLS mission and values: • A baseline amount for each of your approved CLLS program components that reflects the importance of each library having enough funds to provide a minimum level of local literacy staffing and services. • A per capita amount per adult learner served in the previous year that reflects the fact that Adult Literacy Services are the heart of our service, and are the basis for all other literacy services. • A match on local funds raised and expended for adult literacy services —reflecting a commitment to a continuing State/Local partnership, and to providing an incentive for increased local support for adult literacy. The remainder of your 2008/09 award will be determined by applying the other two parts of the formula — per capita and match. They will be determined using data from the 2007/08 fiscal year final reports submitted to the State Library in August 2008. Literary Development Services Bureau 900 N Street, Suite 500 P. O. Box 942837 Sacramento, CA 94237-0001 (916) 653-5217 phone (916) 653-8443 fax www.library.com Na tional City Public Library Page 2 We will initiate the payment process upon receipt of your signed Claim Form (attached). You should receive a check for the above amount within six weeks of submitting your claim form. All of these funds must be expended or encumbered by June 30, 2009. You will be asked to report electronically twice this fiscal year --once in January, and again after the close of the fiscal year. My staff will provide more details on this process. The following specific issues or observations are being made about your mid -year report and/or your application: We would like to commend youfora well designed program and on the clarity of your application describing what you do to address the CLLS program essentials. We also note the excellent integration of the ,i/ILLS program to address the community's plan for identified areas of need. Should you have additional questions regarding the funding and/or reporting process, please contact: Jacquie Brinkley at (916) 651-0376 or jrinkley@library.ca.gov Carla Lehn at (916) 653-7743 or clehn@library.ca.gov Linda Springer (916) 651-6509 or lspringer@library.ca.gov Cindy Tackett at (916) 653-7172 or ctackett@library.ca.gov Best wishes in implementing your important library literacy services. Yours truly, 4-iacxx;(-- Susan Hildreth, State Librarian of California cc: Monica O'Hara, Literacy Coordinator file Enc.: Claim Form California Library Literacy Services (CLLS) Page 1 of 13 Application FY 2008/2009 Applicant Information Applicant (Full legal name of jurisdiction andjor library) National City Public Library Street: 1401 National City Blvd. City: National City Zip: 91950-4401 Contact information Contact Name: Monica OHara Phone: 619-470-5865 Fax: 619-470-5868 email: monica.ohara@nationalcitylibrary.org Intent to Participate Programs applying for in 2008/2009: Applying Applying Applying Applying Applying Applying Not Applying Not Applying Not Applying Not Applying Not Applying Not Applying Adult Literacy Services (ALS) Families for Literacy (FFL) English Language Literacy (ELLI) Mobile Library Literacy Services (MLLS) English as a Second Language (ESL) Other Services http://clls.literacyworks.org/appcp/print__app.asp 5/30/2008 California Library Literacy Services (CLLS) Page 2 of 13 ADULT LITERACY SERVICES How does your library literacy program attract adult learners? In what ways do adult learners find you? A variety of outreach methods are utilized. Flyers are posted in local Laundromats, businesses, Family Resource Centers and in apartment community centers. Penny Saver prints a pro bono recruitment ad regularly throughout the year. We also receive referrals from the National School District PAT (Parents as Teachers) program and the National City Adult School. Our adult learners refer other people. The San Diego Council on Literacy also does county -wide learner recruitment and makes referrals to our program. Adult literacy services are also advertised onboard the WOWmobile and during ELLI programming. What is included in your initial intake process for adult learners? Our initial intake process includes completion of an application form and an assessment of the learner's reading and writing skills. Literacy staff conducts a Roles and Goals interview to include in the learner file. The learner also receives a library/literacy orientation and applies for a library card as part of the intake process. When you identify an ESL student or an adult otherwise not suitable for your CSL-funded adult literacy services, where do you direct/refer these adults? Adults not suitable for our program are referred to the National City Adult School or Community Based English Tutoring (CBET) Classes administered by the local elementary and secondary school districts. How is instruction provided to adult learners? (e.g. one-to-one, small group and/or computer instruction, other) Instruction is provided through one-on-one tutoring and small group instruction by volunteer tutors. Computer instruction is also administered by literacy staff. What support services are provided to your adult learners (e.g. learner support groups, learner institutes, referral to other services)? Adult learners are invited to attend learner conferences hosted by SCLLN and READ San Diego (we provide the transportation and fund registration fees). We ensure our learners receive information about other library programming and workshops and other services provided by various agencies serving National City. What on -going support do you provide to ensure that adult learners are working toward/meeting the goals they have set for themselves? Literacy staff routinely meet with learners to review their progress and ensure they are on track to meeting their goals. How do you recruit volunteers? A variety of outreach methods are utilized. Penny Saver prints a pro bono recruitment ad regularly throughout the year. Flyers are posted in local Laundromats, businesses, Family Resource Centers, churches and in apartment community centers. Literacy Services staff participate in volunteer fairs at local colleges. Personal contacts are also made with local service clubs such as Lions and Kiwanis. Staff members communicate regularly with personnel at Navy commands to recruit tutors. The San Diego Council on Literacy also does county -wide tutor recruitment and makes referrals to our program. How do you train volunteers; after training, how and when are they matched with adult http://clls.literacyworks.org/appcp/print app.asp 5/30/2008 California Library Literacy Services (CLLS) Page 3 of 13 learners? Volunteers are trained as soon as they enroll. Literacy staff facilitates training using the GreatStart5 Tutor Training materials. After the volunteer completes training, literacy staff provides an overview of tutoring resources. Literacy staff then reviews the learner waiting list to complete a match for the new tutor. Normally, tutors are matched with learners within 2 weeks of training completion. Literacy staff facilitate the first meeting of each new pair. What on -going tutor support services and programs do you offer? Literacy staff routinely meet with tutors to ensure they have sufficient resources and that progress is being made. We hold quarterly tutor meetings to highlight resources and provide an opportunity for networking. Tutors are invited to attend learner conferences hosted by SCLLN and READ San Diego (we provide the transportation and fund the registration fees). After each conference we hold a tutor meeting so that conference attendees can share workshop information. How do you ensure that volunteer tutors meet regularly with adult learners and report regularly to the library on their progress? Tutors and learners usually meet in the library literacy area and are required to sign in and out. Staff monitors attendance and follows up with the tutor when the pair has not met. Tutors are required to complete a monthly progress report that includes dates of meeting and significant milestones. If literacy services are provided outside the public library setting, how is a strong connection to the library made? We have one small group that meets outside the library. The tutor regularly comes to the library for resources and includes periodic visits for her learner group. The tutor provides monthly progress reports. While library literacy services may charge a third party, such as a workplace, for services, is your literacy instruction always provided for free to the "end -user," the adult learner or participating family? If you offer fee -based services, please tell us about them. All services are free. How do you train staff and volunteers who are responsible for gathering Roles and Goals data and other program statistics? Roles and Goals data and other program statistics are gathered by Literacy staff. Alt staff have watched the Roles and Goals webcast and are adept at gathering that data. We use LiteracyPro to maintain our program statistics. All staff has been trained and regularly uses the program. How does the library seek community and local government awareness of and support for the program? Literacy staff frequently present program updates to the Library Board and the Community Development Commission. The Literacy Coordinator and Library Director regularly attend City Council meetings. The Mayor and City Council members are invited to attend all Literacy events. The National City Public Library and the National City Literacy Task Force sponsor a yearly community Literacy Celebration. This event serves as a community outreach to let residents know about the availability of the literacy tutoring program and to recruit volunteer tutors. Over 4,000 residents and visitors to National City participate in the Literacy Celebration. http://clls.literacyworks.org/appcp/print___app.asp 5/30/2008 California Library Literacy Services (CLLS) Page 4 of 13 What is your plan for increased local support,(e.g., a financial commitment from the local jurisdiction) to ensure the program's continuation? The National City Literacy Program has been in existence for 23 years. The local jurisdiction continues to provide the majority of personnel funding for the Adult Literacy Program. In which regional network does your literacy staff participate (BALIT, CVLLN, NCLC, SCLLN, CSJVLN, etc.), and to what extent? Literacy staff attend SCLLN meetings. The Literacy Director is a member of the governance committee. What other community adult service providers participate in your local adult literacy coalition? We are a member of the San Diego Council on Literacy which is comprised of library, adult school, and other nonprofits literacy providers in San Diego County. How does the library know its service population and the community's literacy needs, and how has it designed its literacy services in response to those needs? National City's per capita income is the lowest in San Diego County. Furthermore, according to the San Diego Council on Literacy, National City's illiteracy rate is the highest in San Diego County. With 30% of the adult residents reading below the 4th grade level, this city's illiteracy rate is a full 10% greater than the San Diego County average. Plagued by pervasive problems associated with low socio-economic conditions and low parental educational attainment, many students struggle to achieve academically. The challenges that our families face are numerous, resulting in the need for programs which address literacy level improvement and assist in breaking the cycle of illiteracy in our community. http://clls.literacyworks.org/appcp/print app.asp 5/30/2008 California Library Literacy Services (CLLS) Page 5 of 13 FAMILIES FOR LITERACY (FFL) Families served in FFL contain an adult learner and at least 1 child under age 5. How do you ' recruit and/or identify FFL program participants? We review our adult learner database and invites those who have children under five to participate in our Families for Literacy Program. We have room for additional families and will do recruit potential learners and their families through the Parents as Teachers (PAT) Program. How are volunteers utilized in FFL programming? Currently we do not use volunteers in FFL programming. How are volunteer tutors who work with the participating adult caregivers trained to support family literary concepts and practices? Tutor training includes an introduction to the concept of Families For Literacy. Tutors are introduced to the idea of using children's literature during tutoring sessions. How is FFL programming provided for the adult caregiver and the child together? Our Families for Literacy Program is presented as a series of 7 weekly sessions 2 times during the year. Sessions take place in the Family Literacy Center of the library. Our WOWmobile staff provide the FFL programming using the Literacy, Food and Fitness curriculum that was developed by South San Francisco. Parents and children do all activities together. At the end of each session, children have the opportunity to choose a book to help build their home library. If FFL programming is provided outside a public library setting, how is a strong connection to the library made? Programming is not provided outside the library. How are adult caregivers given instruction in the use of children's books, in reading aloud to children, in the selection of books on topics such as parenting, childcare, health, nutrition and family life education, and in how to create a literacy -rich environment at home? At each session, a staff member models reading a story aloud and presents related songs and crafts for pre-schoolers. At the first session, parents and children are invited to apply for a library card, introduced to book selection, and receive an overview of all library services. How are activities like storytelling, word games and other exercises designed to promote the enjoyment of reading taught to adult caregivers so they can share with their children? A staff member models reading a story aloud and presents related songs and crafts for pre- schoolers. Regular story times conducted in the Children's Room and monthly Family Literacy Nights are other great opportunities for FFL participants to learn about literature and to see story telling and read -aloud skills modeled. FFL participants are encouraged to take advantage of these opportunities. How do participating families receive free children's books for ownership, as well as other reading materials and incentives? At each session, families are invited to select books for their home library. They are eligible to earn books as an incentive for participating in other library programs; win books as prizes at Family Literacy Nights; and are included in the Reading Is Fundamental book give-aways. http ://cIls.literacyworks.org/appcp/print_ app.asp 5/30/2008 California Library Literacy Services (CLLS) Page 6 of 13 How do literacy and other library staff cooperate, partner and collaborate to assure integration of library services for participating adult caregivers and children? The WOWmobile Lead serves as the Families for Literacy Coordinator and also hosts the monthly Family Literacy Night. The Children's Librarian and Literacy Director meet regularly to evaluate the effectiveness of the program and to find ways to improve the program to better meet the needs of the community. How do you train staff and volunteers who are responsible for gathering Family Survey data and other program statistics? Literacy staff has been trained on the Family Survey data collection using the instructions provided by the CLLS Literacy Team. Other program statistics are maintained in our LiteracyPro database. All literacy staff has been trained and routinely uses this system. What process do you use to ensure effective implementation of the pre -/post Family Survey to report service outcomes? During adult learner intake, a pre -Family Survey is administered to all qualifying caregivers. Upon completion of 6 months of tutoring, a post -survey is administered. The pre -/post surveys are retained in the learner's file. http://clis.literacyworks.org/appcp/print _app. asp 5/30/2008 California Library Literacy Services (CLLS) Page 7 of 13 ENGLISH LANGUAGE & LITERACY INTENSIVE PROGRAM (ELLI) How do you identify/recruit the children you will serve? Literacy is a component of the National School District After School Program (WINGS). This program is facilitated by Library staff. 62% of NSD students are designated as English Language Learners and these students are recruited to participate in our ELLI Program. How does ELLI programming include regular meetings of the English language -learning children, their parents, and meetings of the families together at a time and location that is convenient for them? We provide after school English language enrichment activities for 1st through 6th graders twice a week at 10 elementary schools in National City. If regular programming is provided in other than a library setting, how is a strong connection to the public Library made? Programming is held in the library at school sites. Children are encouraged to participate in programming at the public library. How does your ELLI program provide instruction to parents on navigating the school system and involvement with their child's school as well as other aspects of parenting? Our after school ELLI staff meet with individual or small groups of parents regarding progress, behavior and other school and after school related issues. Where do you direct/refer parents who desire ESL instruction? Parents who desire ESL instruction are referred to the National City Adult School or Comrnunity Based English Tutoring (CBET) Classes administered by the local elementary and secondary school districts. How do literacy and other library staff cooperate, partner and collaborate to assure maximum integration of library services for participating parents and children? The Children s Librarian provides literacy staff with public library programming opportunties for participating parents and children. All library activities are well publicized at after school sites. How are programming activities like storytelling, educational games, tutoring, arts programming and book discussions designed to promote the enjoyment of reading and writing in children and adults? Programming provides stimulating and enriching opportunities for students to improve their literacy skills. Students enjoy time to read books and receive direct literacy instruction focusing on phonics, oral language development, and other basics. Language Arts homework help is also provided by the after school staff. During the year, students participate in an after school spelling bee. To foster the influential role that parents can play in their child's academic achievement, every family will be invited to participate in special activities and to check out materials from the Public Library collection. How do you train staff and/or volunteers who are responsible for gathering and compiling ELLI data and other program statistics, including CELDT test scores for participating children? At least one staff member at each site has received training to collect and maintain a database for attendance and other student information. Yearly CELDT scores are obtained from National http ://cl l s. literacyworks.org/appcp/print_app.asp 5/30/2008 California Library Literacy Services (CLLS) Page 8 of 13 School District staff. How do you ensure that the library knows its service population and the community's need for English language literacy services? How has your library designed ELLI services to respond to those needs? National School District, encompassing pre-school through grade six in ten schools, serves approximately 6,060 students, 62% of which are English Language Learners. Plagued by pervasive problems associated with low socio-economic conditions and low parental educational attainment, many students struggle to achieve academically. 75% percent of National School District students scored below proficient in reading on the 2004-2005 testing cycle. Our ELLI Program was designed in response to these statistics. http://c1ls.literacyworks.org/appcp/print app.asp 5/30/2008 California Library Literacy Services (CLLS) Page 9 of 13 Nifty - MOBILE LIBRARY LITERACY SERVICES (MLLS) How is your MLLS vehicle used as an outreach tool to reach prospective adult literacy students? All WOWmobile staff has received an orientation about our adult literacy program and refer prospective students. Flyers are posted onboard. When giving library outreach presentations, WOWmobile staff includes adult literacy information. How do participating families receive free childrenaC""s books for ownership, as well as other reading materials and incentives? Families receive free children's books monthly as well as during the Reading Is Fundamental book distribution program. How do you determine what service stops the MLLS vehicle makes to ensure it is reaching the hard -to -reach, underserved, and geographically and/or socially isolated? The WOWmobile stops at "Pre-school for All" sites, large apartment communities, Family Resource Centers, HeadStart preschools, Child Development Centers, Community Based English Tutoring sites and In -Home Daycares throughout National City. We review participation rates at all services stops and make changes as necessary. What programming occurs on the MLLS vehicle and how are those activities tied to activities that do not occur on the vehicle? At sites with children only, the WOWmobile staff provides storytime and a related craft. Information regarding the day s activities are sent home with the children. When caregivers and children are present, they conduct a Family Literacy Workshop which includes modeling storytelling and a related craft. All caregivers and children have an opportunity to check out library materials. All visitors to the WOWmobile are given the schedule of events at the public library. Staff also provide referral to other community services. How are activities like storytelling, word games and other exercises designed to promote the enjoyment of reading taught to adults participating in MLLS activities so they can share with their children? Staff model storytelling, singing songs and word games for adults. At some of the sites, adults also read stories to the children. A packet of additional activities is sent home with the participating adults and children. How are adults participating in MLLS activities given instruction in the use of childrenCTMs books, in reading aloud to children, in the selection of books on topics such as parenting, childcare, health, nutrition and family life education, and in how to create a literacy -rich environment at home? Staff members show adults how to use and read aloud children's books and provide recommendations for creating a home library. The WOWmobile has a wide variety of adult non-fiction covering parenting, childcare, nutrition and family education. Adults are encouraged to check them out. Since MLLS programming is provided outside the library setting, how is a strong connection to the public library made? All WOWmobile visitors are encouraged to participate in activities at the public library. Schedules of events are available onboard. `ft. How do literacy and other library staff cooperate, partner and collaborate to assure integration of library services for participating adults and children? http://clls.literacyworks.org/appcp/print app.asp 5/30/2008 California Library Literacy Services (CLLS) Page 10 of 13 The WOWmobile staff collaborates with the Children's Librarian to share information on programming opportunities. The Children's Room schedule is available onboard the WOWmobile. As a library outreach vehicle, how does the library know its service population and community needs, and how have MILS services been designed to respond to those needs? With only one library facility in National City, many residents are unable to access the Public Library's existing children's and families programs due to a lack of transportation. This lack of mobility is also a barrier to their participation in the many health and child development programs offered by community organizations. The WOWmobile brings the Families For Literacy Program and health and child development information and referral services into neighborhoods and homes, allowing us to better serve the needs of the community. How will you ensure that your community stakeholders (library staff and trustees, mayor, county supervisors, civic organizations, local legislators, etc) are aware of what the library is doing to address the community literacy issues? Literacy staff frequently present program updates to the Library Board and the Community Development Commission. The City Librarian and the Literacy Coordinator regularly attend City Council and First 5 Commission meetings. The Mayor, City Council members, and Library Board are invited to visit WOWmobile sites. http://clls.literacyworks.org/appcp/print app.asp 5/30/2008 California Library Literacy Services (CLLS) Page 11 of 13 OTHER SERVICES Other Service Monthly we collaborate with the Children""s Department and host a Family Literacy Night. Each night features a different theme, a story teller or other entertainment, related craft and book raffle. Family Literacy Night also serves as an outreach activity for Literacy Services. http://clls.literacyworks.org/appcp/print app.asp 5/30/2008 California Library Literacy Services (CLLS) Page 12 of 13 PROPOSED REVENUE FOR FISCAL YEAR 2008/2009 Budget for FY 2008/2009 by Program & Supporting Functions Adult Literacy Family 1literacyEl 1._T Mobile Library ESI. Other Services Total Revenue Library Name:Literacy National City Public Library Services Projected Support Revenue State Revenue Other Revenue California Library Literacy . Services (California State Library Grant) * $39,310.00 $7,000.00 $5,000.00 $10,000.00 $61,310.00 $61,310.001 Library/Local Jurisdiction Commitment (City, County, District, Library) $88,266.00 $3,569.00 $0.00 $0.00 $0.00 $3,569.00 $95,404.00 California Work Opportunity (CalWorks) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Community Bayed English TutorirxJ (CBET) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Community Development Block Grant (CDBG) $47,250.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 lI $O.001 $47,250.00 $0.00 County Health/Human Services/Alcohol & Drug (Prop 36) $0.00 $0.00 County Housing Authorities/Departments (CHA) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 County Sheriffs Department/Come tinrs $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Donations from Individuals (Including Bequests) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Even Start $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 First Five/Children & Families Commission (Prop 10) $0.00 $2,277.00 $0.00 $119,880.00 $0.00 $0.00 $122,157.00 Head Start $0.00 $0 00 $0.00 $0 00 $0.00 $0.00 $0.00 Healthy Start $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Library Foundations $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Library friends Groups $500.00 $0.00 $0.00 $0.00 $0.00 $500.00 $1,000.00 Local Literacy Councils/Groups $500.00 $0.00 $0.00 $0.00 $0.00 $500.00 $1,000.00 Private/Corporate Foundations (c.g., Vcrizcn) $1,000.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,000.00 Pro Literacy Worldwide (PLW) (formerly LVA/Laubach) $0,00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Service Clubs (e.g., Rotary, Klwanis) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Special Events Net (fundraisers) $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 United Way $0.00 $0,00 $0.00 $0.00 $0.00 $0,00 $0,00 WIA (Workforce Investment Act) Sec. 225/231 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 WIA (Workforce Investment Act) EL CIVICS$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Other (identify) $0.00 $0.00 $187,324.00 $0.00 $0.00 $0.00 $187,324.00 $455,135.00 Total $176,826,00 $12,846.00 $192,324.00 $129,880.00i$0.00 $4,569.00 Total eligible for California State Library Match $137,516,00 Grand Total $516,445.00 http.//clls.literacyworks.org/appcp/print app. asp 5/30/2008 California Library Literacy Services (CLLS) Page 13 of 13 Budget Categories 1. Salaries and Benefits 2. Contract Staff 3. Operations 4. Library Materials 5. Equipment ($5K+) 6. Indirect Costs (not to exceed 10%) Total: Total ALS: BUDGET DETAIL FISCAL YEAR 2008/2009 Adult Literacy Services CLLS Local $10,128.00 $135,516.00 $0.00 $0.00 $16,682.00 $2,000.00 $12,500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $39,310.00 $137,516.00 $176,826.00 Approved Budget Families Other for ELLI MLLS ESL Services Total Literacy $5,846.00 $187,324.00 $82,699.00 $0.00 $3,569.00 $425,082.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $4,000.00 $3,000.00 $15,940.00 $0.00 $1,000.00 $42,622.00 $3,000.00 $2,000.00 $18,495.00 $0.00 $0.00 $35,995.00 10.00 10.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $12,746.00 $0.00 $0.00 $12,746.00 $12,846.00 $192,324.00 $129,880.00 $0.00 $4,569.00 $516,445.00 Grand Total: Funding Source State Revenue $10,128.00 $0.00 $29,782.00 $21,400.00 $0.00 $0.00 Local Revenue $414,954.00 $0.00 $12,840.00 $14,595.00 $0.00 $12,746.00 $61,310.00 $455,135.00 $516,445.00 Position/Job Title literacy Coordinator Adult Literacy Assistant (5 positions) Children's Librarian (FF1 ) ELLI Coordinator ELLI Literacy Coach (15 positions) MLLS Coordinator MLLS Assistant Position/Job Title STAFF COMMITMENT - LIBRARY PERSONNEL Report as FTE Adult Program Family Program ELLI Program MLLS Program 1 0 0 0 2.25 0 O 0.05 O 0 O 0 O 0.05 O 0 Total: 3.25 0.1 Total: FTE Grand Totals: O 0 FSL Other Salary O 0 $78,732.00 O 0 $66,912.00 O 0 0 1 0 0 7.5 0 0 0 8.5 0.95 1.5 2.45 0 0 0 0 STAFF COMMITMENT - CONTRACT PERSONNEL Adult Program 0 Report as FTE Family Program ELLI Program MLLS Program ESL 0 0 0 0 0.05 $7,138.00 O $67,761.00 O $119,563.00 O $45,539.00 O $39,437.00 0.05 $425,082.00 Other Salary 0 $0.00 http://clls.literacyworks.org/appcp/print app.asp 5/30/2008 Upon completion of application this form should be printed and a signed copy sent to the California State Library, Library Development Services - Literacy Team, P.O. Box 942837, Sacramento, CA 94237-0001 California Library Literacy Services Application for Continuing Programs 12. Statement of Intent a. 1 intend to request State funds available under the provisions of Section 18866 of the Education Code for the 2008/09 fiscal year. I understand that I will be notified by the California State Library of the amount for which my library is eligible, according to the provisions of the law, and that I will submit all required reports, claims, and a proposed Budget utilizing the full eligible amount for literacy, subject to approval by the California State Library. b. I affirm that any or all other agencies participating in the program have agreed to the terms of the application/grant award, and have entered into an agreements) concerning the final disposition of equipment, facilities, and materials purchased for this program from the funds awarded for the activities and services described in the attached, as approved and/or as amended, application. (Signed): (Printed): Title: r, Authorized r res ntative) Md. Duong City Librarian Date: Library Jurisdiction: National City Public Library Street/mail address: 1 401 National City Blvd. City: National City County: San Diego Zip+4: 91950-4401 Telephone: 619-470-5800 Fax: 619-470-5880 E-mail: minh.duong@nationalcitylibrary.org voro City of National City, California COUNCIL AGENDA STATEMENT �,.SETING DATE Dec. 16, 2008 AGENDA ITEM NO. 9 ITEM TITLE Resolution to authorize the Chief of Police to enter into Memorandums of Understandings with the Sweetwater Union High School District and the National School District for joint funding of the School Resource Officer Program for a total reimbursement of $194,847,41 for Police School Resource Officer services. PREPARED BY DEPARTMENT Adolfo Gonzales, Chief of Police Police Mike Harlan, Lieutenant 336-4423 Keith Fifield, Lieutenant 336-4514 EXPLANATION The National City Police Department currently assigns four police officers as School Resource Officers . (SRO) to provide police services to the National School District and Sweetwater Union High School District. School Resource Officers provide campus security and general law enforcement services to the public schools located in National City. The salaries and benefits for the police officers are funded by a joint funding agreement between the National School District, Sweetwater Union High School N.cs... District and the City of National City. The agreements were originally approved on August 16, 1994 in Council Resolution 94-119 and they have been subsequently renewed during the following fiscal years: 95/96 through 05/06. (cont.) Environmental Review ✓ N/A Financial Statement The City will be reimbursed a total of $194,847.41 for both school districts. This amount is $29,994.59 less than the City's initial budgeted amount for the Sweetwater Union High School District due to State of California's fiscal crisis; The difference will be achieved through the Police Department's personnel savings for this fiscal year. Account No. 174-00000-3467 STAFF RECOMMENDATION Approve the Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. TNational School District MOU. Sweetwater Union High School District MOU. "A" - Financial Sharing Plan Summary. A-200 (9/80) Council Agenda Statement Page 2 Resolution — School Resource Officer Program If this resolution is approved, the City of National City will be reimbursed the described funds in the amount of $194,847.41 from the National School District and the Sweetwater Union High School District. This MOU is for a twelve-month period beginning July 1, 2008 and ending on June 30, 2009, at which time a new MOU for the next fiscal year will be requested. Under the proposed MOU's, one School Resource Officer will be assigned approximately two-thirds of their time, or 27 hours per week, to school campuses of the National School District and assigned to spend approximately one-third, or 13 hours per week, of their time on Sweetwater Union High School District campuses. The other three School Resource Officers will be assigned full-time to the Sweetwater Union High School District Campuses. The Sweetwater Union High School District and the National School District are essentially paying the cost of two (2) full-time officers and the National City Police Department will match and pay the cost of two (2) full-time officers for a total of four (4) School Resource Officers (SRO's). The proposed MOU's with the Sweetwater Union High School District and the National School District would be effective July 1, 2008 and end on June 30, 2009. Approval of the resolution would enable the Chief of Police to enter / sign the Memorandum of Understandings with the National School District and the Sweetwater Union High School District in order to continue and share the costs of the School Resource Officer program. See attached Memorandums of Understanding for full details and funding summary labeled Attachment "A" on last page of each MOU. MEMORANDUM OF UNDERSTANDING BETWEEN THE NATIONAI. SCHOOI. DISTRICT AND CITY OF NATIONAL CITY Ensuring the safety of students and staff on school campuses and deterring gangs, drug abuse, criminal acts and traffic violations in National City are priorities to both the National School District and the National City Police Department. Both the National School District and the National City Police Department believe that campus security is enhanced by the presence of police officers and that police officers on campus also help improve relations between the Police Department and youth in our community. The National School District and the National City Police Department agree to work together to provide the presence of a police officer on campus to help maintain a secure environment in and around our schools. To this end the following are specific agreements between the National School District and National City Police Department. Time Frame This Memorandum of Agreement shall remain in effect from July 1, 2008 through June 30, 2009, and may be extended for such length of time as both parties mutually agree to continue this Memorandum of Agreement. Role of the National School District: The National School District agrees to: 1. Coordinate scheduling with the School Resource Officer and the assigned police department supervisor. 2. Schedule orientation time for classroom teachers. 3. Schedule parent meetings as needed. Memorandum of Understanding • Page di. National School District 4. Provide adequate space for the School Resource Officer to carry out non -classroom duties. 5. Provide regular feedback to the law enforcement agency concerning the performance of the School Resource Officer. 6. Permit the School Resource Officer access to the playground and cafeteria to allow for informal interaction with the students. 7. Provide audiovisual equipment for social skills / conflict resolution instruction, drug education and other law enforcement related educational presentations. 8. Report all criminal activity occurring on or about school campuses and all criminal activity involving students to the National City Police Department. 9. Develop procedures to handle campus safety issues. 10. To establish and follow procedures for referring police involvement. 11. Abstain from calling upon the School Resource Officer for enforcement duties while they are involved in classroom presentations except in emergencies. 12. The National School District will remit $39,768.00, payable to the National City Police Department Personnel Services Account, to offset costs of the School Resource Officer. One half of this amount, or $19,884.50 will be paid by December 31, 2008, and the remaining half, or $19,884.50, will be paid by June 30, 2009. 13. Coordinate with the Police Department, other public and private agencies, community and civic groups to develop a community partnership in support of crime reduction, traffic safety and other police programs. 4, .( Memorandum of Understanding Page 0 National School District The National City Police Department agrees to: Role of the National City Police Department: 1. Assign a uniformed police officer as the School Resource Officer. 2. Assign the School Resource Officer to spend 27 hours of the 40 hour work week on or about school campuses of the National School District engaged in the following duties. • Training for teachers and other school staff on law enforcement and campus security issues. • Serving as a member of the National School District Student Attendance Review Board (S.A.R.B.). • General law enforcement duties focusing on: Safety of students and staff on campus Gang related violence and crime Campus intrusion Loss and / or damage to property Weapons on campus Alcohol and drugs on campus Truancy Traffic Safety 3. Ensure that the officer assigned as the School Resource Officer receive all required training and any additional training deemed beneficial to their tasks. 4. Designate a member of the police staff to regularly meet with the school district staff to evaluate program needs. Memorandum of Understanding Page 4 (© National School District 5. The School Resource Officer will be afforded ample time to engage in informal interaction with the students. 6. Abstain from having the School Resource Officer perform enforcement duties during time scheduled for classroom presentations, except in cases of urgency determined by the Chief of Police or their designee. 7. Provide a weekly log accounting for the time and activities of the School Resource Officer to a designated staff member of the National School District. 8. Pay salary and benefits for the police officer assigned as the School Resource Officer. The SRO's are moving to a "campus based" posture. The SRO will base activities from school sites instead of an assigned office at the police department if office space is available in the secondary schools. The campus -based philosophy will increase communication and positive interactions between students, school staff and parents. Although the SRO has a campus -based philosophy, the SRO is still required to respond to other schools when dispatched. In addition to investigating school related crime and incidents, here is a current list of basic and additional duties SRO's currently perform. • Attend the National School District SARB Hearings at NCPD. • Conduct home visits with administrators or the NSD Truancy Officer. • Locate and cite parents for violation of the SARB contract. • Coordinate, train and inspect individual student School Safety Patrols. • Coordinate, train and inspect individual Adult Crossing Guards programs. • Present district policy on sexual harassment to all 4th grade students • Participate in at least one Second Step conflict resolution lesson in each classroom for grades 2-6. • Provide parent education / presentations to parent groups as requested. • Facilitate the ADOPT -A -SCHOOL Program. • Coordinate, host and attend all NCPD Star -Pal events. • Attend meetings, facilitate and obtain funds for the Teddy Bear Drive. • Teach criminal law, search and seizure to middle and high school students. • Teach narcotic awareness at PTA's and to high school students. • Facilitate NCPD participation and pin sales for Shop with a Cop event. • Facilitate the Padre Law Enforcement Day Program for NCPD, City Employees. • Inspect and approve individual school safety plans (Crisis Response Boxes) for elementary and secondary schools. • Attend south county SRO meetings. • Attend site -based pre-SARB meetings as requested. • Participate in the NCPD Child Link Program. Noof Cv- 1S Memorandum of Understanding Page 0 "7 National School District • Participate in the NCPD 290 (Sex Crime Registrant) Compliance Inspections. • Conduct Juvenile warrant sweeps. • Assist SD County Probation Officers with compliance checks and home visits generally within the boundaries of the City of National City. • Attend various school events and fairs. Here is a list of upcoming action items that may be implemented and completed for the coming school year in order to improve school safety, decrease campus based violence, truancy issues. 1. Change the current school emergency plans from binders to Crisis Response Boxes. 2. Update NCPD School crisis response binders. 3. Write policy and procedure for the police department covering tips received from Sweetwater School District, Campus Crime Stoppers Protocol for 2007-2008 school years. 4. Enforce SD County Daytime Loitering within city limits. 5. Implement fighting on school grounds 415.1 quick -cite program. 6. Attend school based disciplinary hearings and intervention programs. 7. Co-ordinate multi -agency Truancy/Daytime Loitering Sweeps within city limits. This Memorandum of Understanding shall be effective July 1, 2008, and shall remain in effect until June 30, 2009. This Memorandum of Understanding shall supersede all previous Memorandums of Understanding between the National School District and the City of National City. w Adolfo Gonzales Dennis Doyle Chief of Police District Superintendent National City Police Department National School District Date q-)ft-os Date Memorandum of Understanding National School District Page G Attachment: School Resource Officer Program National City Police Department School Resource Officer Program MOU Cost Sharing Plan July 1, 2008 to June 30, 2009 (Four Police Officers) Salary Increase Effective Date July 1, 2008 (1 Year) Salary E-Step Police Officer $81,272 Benefits E-Step Police Officer $38,152 Total $119,424 The total amount of funds due for the upcoming agreement from the Sweetwater Union Hig School District to be paid to the City of National City will be as follows based on one year prorated for six months or 50%: • Salary/Benefits one officer (100%) $ 119,424 • Salary/Benefits one officer (50%) $ 59,712 • Salary/Benefits one officer (16.7%) $ 19,944 TOTAL DUE: $ 199,080 The total amount of funds due for the upcoming agreement from the National School District to be paid to the City of National City will be as follows: • Salary/Benefits (one officer @ 33.3%) $39,768 TOTAL DUE: $39,768 NCPD will pay the cost of 2.00 Officers SUHSD will pay the cost of 1.67 Officers NSD will pay the cost of 0.33 Officers Total Officers: 4 **All parties agree to pay their percentage of Police Officer Salary and Benefit increases that occur during the MOU effective dates. H:\Police\Contracts-MOUs\NC school District MOU 2008 changes 8-26-08 Final.doc Memorandum of Agreement SUIISD foci Pagelof7 / ,iler FY 2008-2009 .o6 MEMORANDUM OF AGREEMENT BETWEEN SWEETWATER UNION HIGH SCHOOL DISTRICT AND CITY OF NATIONAL CITY Ensuring the safety of students and staff on school campuses in National City is a priority to the school administration and the Police Department. Campus security is enhanced by the presence of police officers. Police officers on campus also help improve relations between the Police Department and youth in the community. Therefore, the Sweetwater Union High School District (SUHSD) and the National City Police Department agree to undertake the following responsibilities and expectations to achieve these mutual objectives. As a result SUHSD and the City agree to undertake the following responsibilities and expectations to achieve these mutual objectives: A. SUHSD'S ROLE AND RESPONSIBILITY 1. To ensure student welfare portal to portal. 2. To develop procedures to handle campus safety issues. 3. To establish and follow procedures for referring police involvement. 4. To cooperate with and support in a proactive manner the City's Department of Public Safety to ensure the success of progress involving students, school personnel, parents and the community. 5. Provide adequate space for the School Resource Officer to carry out non - classroom duties. 6. Provide regular feedback to the law enforcement agency concerning the performance of the School Resource Officer. 7. Permit the School Resource Officer access to the grounds and cafeteria to allow for informal interaction with the students. 8. Provide audiovisual equipment for social skills / conflict resolution instruction, drug education and other law enforcement related educational presentations. Memorandum of Agreement SUHSD FY 2008-2009 9. Report all criminal activity occurring on or about school campuses and all criminal activity involving students to the National City Police Department. B. 10. Coordinate with the Police Department, other public and private agencies, community and civic groups to develop a community partnership in support of crime reduction, traffic safety and other police programs. CITY'S ROLE AND RESPONSIBILITY 1. 2. 3. 4. 5. Provide general law enforcement services throughout the City by the National City Police Department. Provide a Special Purpose Officer to be deployed as a School Resource Officer ("SRO"). Pay cost for the SRO in National City and recover fifty percent (50%) of the cost from SUHSD. Ensure that the officer assigned as the School Resource Officer receive all required training and any additional training deemed beneficial to their tasks. Abstain from calling upon the School Resource Officer for enforcement duties while they are involved in classroom presentations except for matters deemed urgent by the Police Chief or their designee. 6. Collaborate with the National City Police Department to ensure that the SRO provide prevention/intervention support to schools including, but not limited to: • Providing high visibility of uniformed officer presence on the campuses of the Sweetwater Union School District that are located in National City. • Being the first response in all law enforcement related matters as they occur during regular school hours. • Conduct home visits with site and/or District Administration. • Participate on the district S.A.R.B. (Student Attendance Review Board). • Attending various sporting events and school activities as needed for proactive enforcement and interaction. • Developing classroom and faculty presentations related to the youth and law. • Attending parent conferences/meetings on an as needed basis to provide safety information. • Scheduling security activities as needed. • Documenting all incidents of crime as per department regulations. • Implement 415.1 quick -cite program. Memorandum of Agreement SUHSD fergerimofq- 3 FY 2008-2009 7. To continue to work with community agencies and parent/teacher groups as needed throughout the affected schools. 8. To assist investigative personnel of the National City Police Department who are assigned to the various school sites with continuing and ongoing investigation and preliminary investigations of criminal activity within the affected schools. 9. To work with school staff and district personnel in matters of mutual concern, such as: • Alcohol and drug use on campus • Safety of students and staff on campus • Gang related violence and crime • Campus intrusion • Loss and/or damage of property 10. Provide quarterly crime reports accounting for the arrests conducted by the School Officer, during school hours (7:00-18:00) at SUI-1, NCM and GJl-1. Quarterly reports as follows: July — September; October — December; January — March; April — June. 11. Participate on the school safety committee. 12. Review, update and approve/inspect the current school safety plan and crisis response boxes. 13. Provide assistance covering tips for the Sweetwater School District, Campus Crime Stoppers Protocol for 2008-2009 school years. 14. Enforce applicable daytime loitering laws to the extent legally possible. 15. Attend school based disciplinary hearings and intervention programs as requested. 16. Co-ordinate multi -agency truancy/daytime loitering sweeps within City Limits to the extent possible under the law. 17. Attend quarterly south county SRO meeting with SUHSD. C. TIME FRAME This Memorandum of Agreement shall remain in effect from July 1, 2008 through June 30, Memorandum of Agreement SUt1SD Page 4 ! FY 2008-2009 2009, and may be extended for such length of time as both parties mutually agree to continue this Memorandum of Agreement. D. SPAN OF CONTROL/JURISDICTION The SRO's prevention/education/training/proactive activities will take place at Sweetwater High School, National City Middle School, Granger Junior High School and at public meeting places within the respective community as it relates to the Sweetwater Union High School District activities. The National City Police Department will directly supervise the SRO. Request for work assignments will be issued from the Superintendent's office to the Community Services Sergeant of the National City Police Department assigned to the National City substation, who will thereafter direct the School Resource Officer to respond appropriately to the request. E. RESOURCE Resources and local management will be coordinated at: Sweetwater Union High School District 1130 Fifth Avenue Chula Vista, California, 91911 (619) 585-6265 AND National City Police Department 1200 National City Blvd National City, California 91950 (619) 336-4423 F. ASSIGNMENT OF FULL TIME OFFICERS -COST The National City Police Department will assign three officers on a full time basis to perform the duties listed under provision B. of this MOA at the Sweetwater Union High School District's campuses in National City. One officer will be funded by the Police Department and a second officer will be funded with campus security funds provided by the Sweetwater Union High School District, the third officer will be funded jointly by the Police Department and the Sweetwater Union High School District, with each providing 50% of the funds. The funding will be at the following levels (refer to attachment): For Salary and Fringe Benefits, see Attachment. Memorandum of Agreement SUHSD Iegt3II 5 FY 2008-2009 G. ASSIGNMENT OF PART TIME OFFICER -COST The National City Police Department will assign an additional officer (fourth overall) on a part time basis to perform the same duties as the full time officers assigned to the Sweetwater Union High School District's campuses in National City. The part time officer will work in this assignment during one third of his work hours or approximately 27 hours per week. The Sweetwater Union High School District will pay the City of National City the amount of $ 19,943.77, one -sixth (16.7%) the cost of the officer for one year. The National City Police Department will provide the Sweetwater Union High School District with a weekly log which accounts for the time of the part time officer. This memorandum of agreement, Provisions A. through F. will be effective from July 1, 2008 to June 30, 2009. Provision G of this memorandum of agreement will be contingent upon the National School District and the City of National City signing a joint funding memorandum of agreement to pay the balance of costs of the officer assigned part time to the Sweetwater Union High School District that are not paid for by the Sweetwater Union High School District. Provision G. will become effective upon signature of the joint funding memorandum of agreement between the National School District and City of National City, but no earlier than July 1, 2008, and will remain in effect until June 30, 2009. In recognition of the State of California's fiscal crisis and the reduction the Sweetwater Union High School District will need to make, the City of National City agrees to initially reduce the rate by $44,000. Upon the State of California adopting the final budget, Sweetwater Union High School District will agree to meet and discuss potential restoration of any and or all of the $44,000 reduction. • Salary/Benefits one officer (100%) • Salary/Benefits one officer (50%) • Salary/Benefits one officer (16.7%) $ 119,423.76 $ 59,711.89 $ 19,943.77 TOTAL DUE: $ 199,079.41 -44,000 = $ 155,079.41 Therefore, the total amount of funds due per this agreement from the Sweetwater Union High School District to be paid to the Finance Director of National City will be the amount of $155,079.41. One half of this amount, or $77,539.71, will be paid no later than January 1, 2009. The remaining half, or $77,539.71, will be paid no later than May 1, 2009. 13-)5 Memorandum of Agreement SUI ISD CP FY 2008-2009 This memorandum of agreement shall supersede all previous memorandums of understanding between the Sweetwater Union High School District and the City of National City. II. GENERAL TERMS AND CONDITIONS It is expressly understood and agreed by the CITY and DISTRICT that the law of the State of California shall govern the parties and the interpretation of this AGREEMENT shall he initiated exclusively in the courts of the State of California. All terms, conditions and provisions hereof shall insure to and shall bind the parties hereto, their respective successors in interest and assigns. The DISTRICT agrees to hold harmless and indemnify the CITY, its employees, officers, agents, and representatives, from any and all costs, losses, damages, and/or attorney fees for the injury and/or death of any person or property damage caused or claimed to be caused by any active or passive negligent acts or omissions, misconduct, or criminal acts by the DISTRICT, its employees, officers, agents, and representatives. The CITY agrees to hold harmless and indemnify the DISTRICT, its employees, officers, agents, and representatives, from any and all costs, losses, damages, and/or attorney fees for the injury and/or death of any person or property damage caused or claimed to be caused by any active or passive negligent acts or omissions, misconduct, or criminal acts by the CITY, its employees, officers, agents, and representatives. IN WITNESS WHEREOF, the CITY and DISTRICT have caused the AGREEMENT to he signed on their behalf by duly authorized representative on of 2008, authorizing the City Manager to sign same. SWEETWATER UNION CITY OF NATIONAL CITY HIGH SCHOOL DISTRICT By: 47,4v44/0 -' Date: OCT 0 2 2008 Attachment: School Resource Officers Program By: Date: 0a- Z?-dd Memorandum of Agreement SU}}SD / Page 7 of 7 /Y� 0 c( FY 2008-2009 1 o— I S- fl - National City Police Department School Resource Officer Program MOA Cost Sharing Plan July 1, 2008 to June 30, 2009 (Four Police Officers) Salary Increase Effective Date July 1, 2008 (1 Year) Salary E-Step Police Officer $81,271.76 Benefits E-Step Police Officer $38,152 Total $119,423.76 The total amount of funds due for the upcoming agreement from the Sweetwater Union High School District to be paid to the City of National City will be as follows based on one year and the Sweetwater Union High School District's reduction of $44,000. • Salary/Benefits one officer (100%) • Salary/Benefits one officer (50%) • Salary/Benefits one officer (16.7%) $ 119,423.76 $ 59,71 1.88 $ 19,943.77 TOTAL DUE: $ 199,079.41 -44,000 = $ 155,079.41 NCPD will pay the cost of 2.00 Officers SUHSD will pay the cost of 1.67 Officers NDS will pay the cost of 0.33 Officers Total Officers: 4 **All parties agree to pay their percentage of Police Officer Salary and Benefit Increases that occur during the MOA effective dates. RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHIEF OF POLICE TO EXECUTE MEMORANDUMS OF UNDERSTANDING WITH THE SWEETWATER UNION HIGH SCHOOL DISTRICT AND THE NATIONAL SCHOOL DISTRICT FOR JOINT FUNDING OF THE SCHOOL RESOURCE OFFICER PROGRAM WHEREAS, the City of National City recognizes that ensuring the safety of students and staff on school campuses and reducing the involvement of youths in gangs in National City is a priority; and WHEREAS, the City believes that school campus security is enhanced by the presence of police officers and that police officers on campus improve relations between the police and youth in the community; and WHEREAS, the City Council, through the National City Police Department, wishes to work together with the National School District and the Sweetwater Union High School District to maintain police on campuses with the School Resource Officers program; and WHEREAS, the costs of such programs include salary, benefits, materials and supplies; and WHEREAS, the National School District and the Sweetwater Union High School District wish to contribute their share toward the cost of said programs in the total7 amount of $194,847.41. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Chief of Police is hereby authorized to execute Memorandums of Understanding between the City of National City and the National School District and the Sweetwater Union High School District, respectively, for the School Resource Officers Program. Said Memorandums of Understanding are on file in the office of the City Clerk. PASSED and ADOPTED this 16th day of December, 2008. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney )CO City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December 16, 2008 AGENDA ITEM NO. 10 (TEM TITLE Resolution of the City Council of the City of National City authorizing the Mayor to execute a second amendment to agreement with Tyler Technologies Inc. in the amount of $14,705.00 to implement a Human Resources Web Module in the EDEN Financial System. PREPARED BY DEPARTMENT Ron Williams (Ext. 4373) EXPLANATION MIS The Human Resources Web Module is an add -on software module within the Eden Financial System which provides a comprehensive method for updating employee data and submitting electronic time card information using a web browser(Internet Explorer, Firefox). This module will enable staff to input and process payroll information in a more efficient and timely manner. Environmental Review Ai N/A Financial Statement Approved By: This project is funded via IT internal services charges account Finance Director 630-415-000-281-0000. Account No. STAFF RECOMMENDATION Adopt the Resolution BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. Attachment 1: Amendment A-200 (9/99) RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A SECOND AMENDMENT TO AGREEMENT WITH TYLER TECHNOLOGIES, INC., IN THE AMOUNT OF $14,705 TO IMPLEMENT A HUMAN RESOURCES WEB MODULE INTO THE EDEN FINANCIAL SYSTEM WHEREAS, on September 22, 1998, the City Council adopted Resolution No. 98-121, approving an agreement in the amount of $242,236.80 with Eden Systems, Inc., the predecessor of Tyler Technologies, for installation of software for an Integrated Financial Management Information System (Eden); and WHEREAS, on October 17, 2000, the Agreement was amended by revising the scope of work, which reduced the amount of the Agreement by $161,086.80 for a new total amount of $81,150; and WHEREAS, the City desires to amend the Agreement with Tyler Technologies in the amount of $14,705 to enhance the City's current Eden Financial System by implementing a Human Resources Web Module, as set forth in the attached Exhibit "A". NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the Second Amendment to Agreement with Tyler Technologies, Inc., in the amount of $14,705 to provide a Human Resources Web Module into the City's Eden Financial System, as set forth in the attached Exhibit "A". Said Amendment to Agreement in on file in the office of the City Clerk. PASSED and ADOPTED this 16th day of December, 2008. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Exhibit A t y -- . 1 e , . Tyler Technologies; 1100 Oakesdale Ave SW; Renton, WA 98057; (800) 328-0310; eden.sales@tylertech.com r ... Customer Price Quotation - Standard Implementation "' Customer Name: City of National City Concurrent Users: 32 Date: Se •tember 23, 2008 +•cF 1 t >" a ,+ - 4- j4b j•-My-:{, �.,/,p t t-11�'y. 4 J1;y{ l� !" ('.. j +Xl �S .11,175 y t4 1 ; k� �mis�x'�wy.'x�'a : , " jG� rL t'tivPi3� ri Xp y •-. .1•S� ♦.9:Y . .1�L .1 �,. 11 }-�l __ r • .t.'ir - _ }':,dim div J k ..� JI �� L � t 3imp1?d "J"a r+ . oe o t r?iG ' -= £ r y .y •i1�' r�^� 1i.,jp;.�y/bYi 7+ji q'f -f �r���{!ryy�jj D 4 �. f ��, i ,•4L' t vCTtlt 1 �. ti SS..� M> J •�..r , `'r�' u rxu�f ��Ia,,.,_: e; Sx., t `c� i 4 f !F +(� rJ to i>•3�: T `.1;�1� - �[�'.LT ri �' .t_n l + .a � D ( .'Ty 1yry1M f�yi?. - `.'•+Y �" '+'`�� a. •5. CF ,.—.3 �• V ! ~t B s � ti:, Web Install & Setup fte/aO ��..; w1 .r 0�� f� 11 ,d1,ogs '. • t '1 .. •:. ,. .. , . .. Web Extension- HR o t a7/g.. $ 10.700.00 1' } Y^° Y Y.. itt1f rM,1 •. _1 ,�Y •K $ 1,200.00 1,200.00 8n : .t .. `4Y SF •'• D �3 . t, t $'H4�,. !Y + t;d �*'r«*D D ti n. is s�v D Y ,`t r.+, , � rt� 1?. $ Y ,I't S a.., i>r� l,.F; L•. 10% $ 9,630.00 $ 1,200.00 $ - $ 10,830.00 SubTotal $10,700.00 $ 9,630.00 , $ 2,400.0 $ - $ 12,030.00 Grand Total L N! ; ' xS ' $ 9 630.00 $ 2,400.00 $ $ 12,030.00 Eden Standard Su • • • rt - All Products $ 2,675 00 ' Third Party Direct Support $ �,..l'` - Crystal Software Assurance $ i !:- :�,_.�:`..._ _ 1� Disaster Recovery Services (DRS) $ Escrow Service for Source Code $ Support Plus $ OSIDBA O •s S stem and DataBase Su • • ort $ a•�n s li iz, _. :_� I.: _ ( -_ c a1 All prices except for those marked as 'Estimated are good for 120 days from the above date. 'Estimated quotes are subject to immediate change without notice. Tyler offers software support on items under the 'Eden' categories. Software support begins upon onset of training of the software module. Support and maintenance on all other items is offered directly by the supplier or manufacturer. All client computers must meet the minimum client hardware and software requirements defined by Tyler. Sales taxes estimated above will be charged to Washington customers per the purchasing agreement . Estimated costs of Travel and Expenses includes estimated charges for travel to and from the customer site. T t y t C' Fi :•.: (: Tyler Technologies; 1100 Oakesdale Ave SW; Renton, WA 98057; (800) 328-0310; eden.sales@tylertech.com I e r "'` Estimated Training - Install - Conversion Days "' Customer Name: City of National City Concurrent Users: 32 1. 0 is i t. Date: Se •tember 23 2008 Product Description On Site Trips Installation, Training, Off- site prep days Data Cony Days Other Consulting Days Total Services Days ebExtension -HR 0 ..., �__ ,S 10 f '. 1.0 10 1.0 Total - - 2.0 - - 2.0 • though quotes for services are provided here as our best estimate of what it will take to properly train your personnel in a 'train the trainee setting, such quotations are • a guarantee that quoted services wiI match the skill and requirements of your staff and that additional services might not be needed. For all services quoted here yler will deliver the number of days for the dollars quoted. All additional services beyond those shown in this quotation must first be authorized by the customer and will be provided by Eden Systems at its then going hourly rate. f SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND TYLER TECHNOLOGIES, INC. This Second Amendment to Agreement is entered into this 16th day of December, 2008, by and between the CITY OF NATIONAL CITY, a municipal corporation ("the CITY"), and TYLER TECHNOLOGIES, INC. (the "CONSULTANT"). RECITALS A. The CITY and the CONSULTANT entered into an agreement on September 24, 1998, ("the Agreement") wherein Eden Systems, Inc., the processor of the CONSULTANT, agreed to provide financial systems software services. B. On October 17, 2000, the Agreement was amended by adding an addendum to revise the scope of work, reducing the cost of services for a new total amount of•$81,150. C. The parties desire to amend the Agreement to provide additional financial software module and associated services, as listed in the quote attached and made a part hereto as Exhibit A, in the amount of $14,705.00. D. Invoicing and payment terms for the items contained in Exhibit A will be as follows: 1. CONSULTANT will invoice the CITY for Software license fees of $9,630 upon delivery of the software. 2. CONSULTANT will invoice the CITY for year one support upon the first day of Training. CONSULTANT will prorate the support fee due to coincide with the CITY'S then current annual support agreement. 3. CONSULTANT will invoice the CITY for Services, plus expenses, as provided or incurred. 4. Payment is due within thirty (30) days of invoice date. NOW, THEREFORE, the parties hereto agree that the Agreement entered into on Se$ emt er 24--; 'f'988, as arnert0d.ota October17, 2000, shall be amended to provide an additional financial software module and associated services as set forth in the attached Exhibit "A", and to increase the compensation amount by $14,705.00. The parties further agree that, except as specifically modified by this Amendment, each and every term and provision of the Agreement dated **ember 24, 1{99 ; : b'Pnended ion October 17, 2000, shall remain in full force and effect. 4.00 IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date and year first above written. CITY OF NATIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney TYLER TECHNOLOGIES, INC. (Corporation — signatures of two corporate officers) (Partnership — one signature) (Sole proprietorship — one signature) By: (Name) (Print) (Title) By: (Name) (Print) (Title) 3 Exhibit A t y 1 .-. e ..., _ Tyler Technologies; 1100 Oakesdale Ave SW; Renton, WA 98057; (800) 328-0310; eden.sales@tylertech.com r ** Customer Price Quotation - Standard Implementation*** Customer Name: City of National City Concurrent Users: 32 ., Date: Se .tember 23, 2008 > .. • t ( '�. !f >'+.. f'y't Y F t! �• _.,3i ♦ k Jy .� L 1 ' lM �,,yjy{,,� ( 1:MtY F bti,+� .Fj ?' z, r , y:S (y� "Cr f; `9.i t�� L 'j6't`- ..r v i $.: x k� rj Y i4 11t d £ � ? +r_• I i 51 � ^ 7 S t :. il•.4' { 5 i -u ) _ f ,c J> t', i a v �.4 >dp ,4 t N D Y 17h,�y ,',.� k �'9a _ YFf LF� ' 7 l '� I it •, , �t > �?4 � P C Y rIs .p. u' ° a r .: . � r3tS �,' 1 ��tr'[-'it61 ,y}l F + Fl JIFU W� .a; l ) � Y ( E¢ � If�y{f' y�at f 7i 1l� na 1' ) I r -.�i ' "yg+j 1 5 i,"'f h �i jai sib �� � y�^ "c, "y` 'VR':4.r •j"R j Eli 5 a y` F. L iii;� P aye, 6 $ . t..Pn , : .. ?:.. ' .Xr;;° . `, „ '. Web Install&Setu c. r 1 A `3 t ', fir# � ri:: � ;H .�IIC �O%t ..; ;',r _... ro F�. '� L Web Extension - HR $ 10.7011.00 , .z,. v,j ._ '1 $ ,x .. : i,4 iri 1 1 4i ,�7 10% $ 9.630.00 `^r ,x:,, $ 120000 7 ,,111/ ,j{,.'. $ 1,200.00 � F,r'<< f df ,, �"C)?. "j ..i. " + $ - ,: ...,:' z1 _ $ 120000 ?' 7!•"ifi �`W y l $ 10,830.00 SubTotal 510.700.0r h"L . al. $ 9 630.00 $ 2,400.00 : $ $ 12 030.00 Grand Total ix Il i., ; ' $ 9 630.00 $ 2,400:00 $ - $ 12,030.00 Eden Standard Su rt All Products $ 267500 ,;__a ,.,,,_; ? '. -`• Third Party Direct Support $ - G;;_,-, Crystal Software Assurance $ Disaster Recovery Services (DRS) $ Escrow Service for Source Code $ t _. ,_ �. ,L, _ Support Plus $ OSIDBA O.s S stem and DataBase Su... _. • Alt prices except for those marked as 'Estimated' are good for 120 days from the above date. -Estimated' quotes are subject to immediate change without notice. Tyler offers software support on items under the 'Eden' categories, Software support begins upon onset of training of the software module. Support and maintenance on all other items is offered directly by the supplier or manufacturer. All client computers must meet the minimum client hardware and software requirements defined by Tyler. Sales taxes estimated above will be charged to Washington customers per the purchasing agreement . Estimated costs of Travel and Expenses includes estimated charges for travel to and from the customer site. t y C I-1 ; J is Tyler Technologies; 1100 Oakesdale Ave SW; Renton, WA 98057; (800) 328-0310; eden.sales@tylertech.com Customer Name: City of National City I e r ***Estimated Training - Install - Conversion Days'" Concurrent Users: 32 l_ :i 31 i_ _: Date: Se. tember 23 2008 Product Description On Site Trips Installation, Training, Off- site prep days Data Conv Days Other Consulting Days Total Services Days ! 7 jf 1 -3td tc f { t a 1 JS. 1'.G > 1 {. 11 e - .-Z, hilo ),,,.cif), ,) (.$).rlli•R, I it, );1- . ...t.: eb Extension - HR t 0 - 1 1.. r 10 1.0 :... •: -'• '� f t - - - .. 10^ 1.0 Total - - 2.0 - 2.0 • though quotes for services are provided here as our best estimate of what it will take to properly train your personnel in a'train the t alne? setting, such quotations are not a guarantee that quoted services will match the skill and requirements of your staff and that additional services might not be needed, For all services quoted here Tyler will deliver the number of days for the dollars quoted. All additional services beyond those shown in this quotation must first be authorized by the customer and will . • provided by Eden Systems at Its then going hourly rate. City of National City, California COUNCIL AGENDA STATEMENT `P IAEETING DATE December 16, 2008 AGENDA ITEM NO. 11 ITEM TITLE Resolution of the City Council of the City of National City authorizing the Mayor to execute an amendment to the FY08 agreement with GlobalPresenters.com Inc. in the amount of $57,785.03 to complete phase II of council chambers audio/video improvements. PREPARED BY DEPARTMENT Ron Williams (Ext. 4373) EXPLANATION MIS The Council Chambers audio/video improvements phase II will provide additional capabilities to accommodate public viewing of council meeting from the Large Conference Room. City Council vote casting will be digitized and displayed via video monitors in Council Chambers and overflow areas. City Council member request to speak system will be digitized and integrated into the Crestron AN system. Environmental Review V N/A Financial Statement This project is funded via CIP accounts 630-409-500-598-8031, 630-409-500-598-8029 carried over from FY08. Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolution BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. 7 Attachment 1: Amendment A-200 (9/99) RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE FY 2008 AGREEMENT WITH GLOBALPRESENTERS.COM, INC. IN THE AMOUNT OF $57,785.03 TO COMPLETE PHASE II OF THE COUNCIL CHAMBERS AUDIONISUAL IMPROVEMENTS WHEREAS, on August 8, 2008, the City Council adopted Resolution No. 2008- 156, approving an agreement with GlobalPresenter.Com, Inc., in the amount of $ 61,384 to provide Audio Visual Equipment and Services for the Council Chambers; and WHEREAS, the Council Chambers Audio/Visual Improvements, Phase II in the amount of $57,785.03 will provide additional capabilities to accommodate public viewing of City Council meetings from the Large Conference Room, digitize and display Council vote casting via video monitors in the Council Chambers and overflow areas, and the Councilmembers' Request to Speak System will be digitized and integrated into the Crestron AN System. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Amendment to the FY 2008 Agreement with GlobalPresenters.com, Inc., in the amount of $57,785.03 complete Phase II of the Council Chambers AudioNisual Improvements. Said Amendment to Agreement in on file in the office of the City Clerk. PASSED and ADOPTED this 16th day of December, 2008. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney AMENDMENT TO AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND GLOBAL PRESENTER.COM, INC. This Amendment to Agreement is entered into this 1 6 th day of December, 2008, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and GLOBAL PRESENIER.COM INC. (the "CONTRACTOR"). RECITALS A. The CITY and the CONTRACTOR entered into an agreement on August 5, 2008, (the "Agreement") wherein the CONTRACTOR agreed to provide audio/visual upgrade services for the council chambers. B. The parties desire to amend the Agreement to provide additional audio/visual upgrade services, as set forth in the attached Exhibit "A", in the amount of $57,785.03. NOW, TIIEREFORE, the parties hereto agree that the Agreement entered into on August 5, 2008, shall be amended to provide additional audio/visual upgrade services as set forth in the attached Exhibit "A", and by increasing the compensation amount by $57,785.03. The parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated August 5, 2008 shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY GLOBAL PRESENTER.COM, INC. By: Ron Morrison, Mayor APPROVED AS TO FORM: (Signatures of two corporate officers required) By: (Name) (Print) (Title) By: By: George H. Eiser, III (Name) City Attorney (Print) (Title) giobal PRESENTER Mf iTING ROOM DI SIGNS ANL) SYSTI,MS INIEGRAIICN Headquarters 17911 Sampson Lane Huntington Beach, CA 92647 Blair Moses — San Diego Sales 858-405-5204 cell 877-964-5622 — Voice 714-842-4350 — Fax bmoses@globalpresenter.com www.globalpresenter.com December 9, 2008 City of National City Attn: Ron Williams (619) 336-4373 RE: Exhibit A Dear Ron, Here is our Exhibit A proposal for the three requested AudioNisual upgrades for City of National City. Area 1-Council Chambers System Upgrade Installation Quotation This proposal and pricing is based on the information requested to have the camera view displayed on the overflow monitor(s) and to add an additional laptop connection at the equipment rack location. Labor Notes • Install one (1) supplied scaler and distribution amplifier into the City's existing rack to add the camera into the system to allow this camera to be displayed onto the overflow monitor(s). • Install one (1) supplied Extender Wallmount at the equipment rack location to allow for laptop connectivity at this location. • Run and terminate all cabling and interconnect with the City's existing equipment. • Set-up, testing and instruction on equipment. • Post -installation review after system acceptance to ensure customer satisfaction with the system. Installation to be completed in a neat and professional manner. • City to provide room in existing conduit for cabling. Materials • All audio, video and control cabling and connectors except as noted on the equipment list. • Miscellaneous hardware required to complete the installation in a neat, professional manner. Programming Program the City's existing Crestron system to allow for following items: • Add the camera as a source to be routed to the overflow monitor(s). • Add the additional laptop location as a source to be routed to the system. Pricing Area 1: '*ft. Labor $669.00 Materials $199.00 Programming $889.00 Equipment — Display camera —Two input video scaler/three output composite video $1,138.00 -Add Laptop connectivity — VGA Line driver w/audio/12 ft. VGA cable w/audio $348.00 Total before tax and shipping $3,243.00 Shipping — not to exceed $40.00 Tax — not to exceed $151.00 Area 2 - Main Conference Room Monitor System Installation Quotation System Summary Scope of Project: The following proposal presented by Global Presenter/HAVS is intended to address the monitor installation in the Main Conference Room at the City of National City. The issues discussed are as follows: • Would like to have a 52" LCD Monitor mounted on the wall with speaker. • Would like to have laptop computer as well as Council Chamber overflow connected to this monitor. �,•, This document includes a description of the system proposed and the pricing associated. Due to the asbestos situation all items will be wall mounted. The City's facilities department will be responsible for providing cable paths from the main equipment rack in the Council Chambers to the monitor location in the Main Conference Room. The City's facilities department will also provide a clock outlet electrical at the new monitor location. Installers will coordinate very closely with the City's facilities department on all matters relating to the new upgraded system. The City is responsible for any asbestos remediation; should they deem this necessary. All asbestos remediation and related items MUST be completed per the City of National City's remediation plan. Note: Further coordination is needed with the City to find the cable path from the Council Chambers to the Main Conference Room. Our professional staff of programmers and installers will complete this installation in a clean, neat and professional manner on time and within the budget proposed. Our installation staff will provide the labor to install, upload, set-up and test all of the control equipment then provide instruction and training for the City staff on how to use the system. A post -installation review 30 days after system acceptance will be scheduled and will include brush -up training for the City staff. Description of work in each area Monitor System: The monitor system will consist of one (1) 52" LCD Monitor with speaker. Cabling for laptop connectivity at the conference room table will be installed in a neat and professional manner across the floor to the grommet hole at the table. A video and audio feed will be provided from the main equipment rack in the Council Chambers to the new monitor location. Note: The overflow feed still needs to be coordinated between our installers/programmer and the City of National City. Wiring paths will need to be provided by the City. The City will need to provide a grommet hole in the table at the laptop computer location. The monitor speakers should supply enough audio for this room. Should the City decide otherwise another quotation will be provided to include wire path and additional equipment coordination. Equipment Rack: The existing equipment rack in the Council Chambers will be used to house the distribution amplifier that will be used to send the Council Chamber's feed to the new monitor. Programming/Control System: The existing control system will be programmed to allow for an intuitive and simple way for the City Staff member to send the Council Chambers feed to the Monitor in the Main Conference Room. Pricing Area 2: Monitor System: Labor $1,495.00 Materials $699.00 Programming $999.00 Equipment — (1) 52" PN-S525 Professional dual input monitor with speaker assembly and industrial tilting wall Mount. RGB 192 universal computer video interface, four output wideband RBG-HV Distribution amplifier with 25 ft and 75 ft. VGA to 5 BNC cables and a 12 ft. VGA w/audio cable. $7,199.00 Equipment Rack (wiring to existing rack): Labor $1,112.00 Materials $486.00 Grand Total before tax and shipping $11,990.00 Shipping — Not to exceed $295.00 Tax — 8.75% on Materials/equipment/shipping $760.00 Area 3 - Council Chambers Voting System Installation Quotation System Summary This proposal and pricing is based on the additional information found during the on -site visit held on September 23, 2008. This proposal reflects the necessary labor, materials, programming and new equipment needed to upgrade the City's existing Request to Speak and Voting Systems. Adding one (1) new 12" tabletop Touchpanels. One existing Touchpanel will already be located at the City Clerk location and the new Touchpanel will be located at the Mayor's location. Adding (8) keypads to be installed into the dais at each Council Members location as well as City Manager, assistant city manager, executive director and City Attorney's locations. These keypads will give the Council Members voting functions and request to speak functions. The Mayor will use the Touchpanel and the City Manager, assistant city manager, executive director and City Attorney will only have Request to Speak functions. A Touchpanel Interface Module will be added to display the voting results on monitors. Our staff of programmers will create Touchpanel layout samples for the City's review and approval. The goal is to create a Touchpanel GUI that is graphically pleasing and easy to use. Our installers will coordinate and attend various meetings with Millworker, Electrician, City Facilities Staff and others as necessary to insure that all critical path information is distributed properly and in a timely manner to allow for a professional and on -time completion. Notes: • The City would be responsible for providing cable paths / room in existing conduit as necessary. • The City's facilities department will be responsible for cutting the access holes into the dais the keypads. Our professional staff of programmers and installers will complete this installation in a clean, neat and professional manner on time and within the budget proposed. Our staff will provide the labor to install, upload, set-up and test all of the control equipment then provide instruction and training for the City staff on how to use the system. A post -installation review 30 days after system acceptance will be scheduled and will include brush -up training for the City staff. Noir Labor • Install additional new control equipment to include; Global Presenter/HAVS custom voting processor, power supply, and Touchpanel interface into the City's existing rack. • Install one (1) new 12" Touchpanel at the Mayor's location. • Install eight (8) keypads into the dais. The City to provide labor and materials to cut access holes into the dais to accommodate the keypads. • Install one distribution amplifier into the City's existing equipment rack. • Run and terminate all cabling and interconnect with the City's existing equipment. • Set-up, testing and instruction on equipment. • Post -installation review after system acceptance to ensure customer satisfaction with the system. Installation to be completed in a neat and professional manner. Notes • City to provide labor and materials to cut access holes into the dais to accommodate the keypads. • City to provide room in existing conduit for cabling. Materials • Global Presenter/HAVS custom voting processor. • All audio, video and control cabling and connectors except as noted on the equipment list. • Miscellaneous hardware required to complete the installation in a neat, professional manner. Programming Reprogram the City's existing Crestron processor with one (1) existing TPS-12G Touchpanel, one (1) new TPS-12G Touchpanel, one (1) new Touchpanel Interface, and eight (8) new Keypads to control the following items: • New TPS-GTPI Touchpanel Interface to display Voting Graphics onto the (3) LCD Monitors. • The Mayor's & the City Clerk's Touchpanel will see only a generic "voted" not how the actual member has voted. Program to be written so that the votes will automatically display when the last vote is cast. • The order in which the Council Members have requested to speak will only show on the Mayor's and the City Clerk's Touchpanel's. • Eight (8) Keypads will be programmed to allow for Voting and Request to Speak functionality. Pricing Area 3 for Custom Voting System Labor -see above for description Materials —" " Programming — " it Equipment - Two output RGBHV distribution amp, TPS-G-TPI Touchpanel Interface module, Quickmedia Transmitter, TPS-12GQM Touchpanel, (8) Cameo keypads with custom keypad engraving, C2N-HBLOCK, power supply and single Port Ethernet card. $8,999.00 $4,325.00 $12,569.00 $15,299.00 Total before tax/shipping $41,192.00* Shipping — not to exceed Tax — 8.75% on equipment/materials/shipping `ir►' * If conference room and voting system are installed at the same time $365.00 $1,749.03 -$2,000.00 discount 5 Exhibit A Pricing for all above areas — (purchased together) Total Before Tax and Shipping $54,425.00 •.ro Shipping — not to exceed $700.00 Tax — 8.75% $2,660.03 Total $57,785.03 Terms Net 30 days with purchase order pending credit approval. This quotation valid 30 days. Pricing plus tax and shipping. Conditions This quote is based upon an efficient use of scheduling. Any delays, changes in job scope or wasted time or trips could result in additional charges. Warranty All installation materials and labor warranted against defects in workmanship for one year. Any service calls resulting from system misuse or abuse will be billed to per hour, portal to portal, Monday through Friday, 8am to 5pm. Regards, Blair Moses Global Presenter — San Diego (858) 405-5204 FEDERAL TAX ID (EIN) # 33-08974434 CA Sellers Permit #97-673635 Small Business Certification (CA) #23179 California Contractor's License #822479 Dun & Bradstreet #109376033 I agree with the above terms and would like to proceed with this project. date City of National City, California CITY COUNCIL AGENDA STATEMENT MEETING DATE December 16, 2008 AGENDA ITEM NO. 12 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING TH� ACCEPTANCE AND RECORDATION OF A QUITCLAIM DEED FOR PROPERTY AND IMPROVEMENTS LOCATED AT 1430 "D" AVENUE AND 1521 "C" AVENUE; AND AUTHORIZING THE MAYOR TO EXECUTE A BILL OF SALE AND A LEASE BETWEEN THE CITY OF NATIONAL CITY AND THE BOYS AND GIRLS CLUBS OF NATIONAL CITY, INC., FOR SAID PROPERTY PREPARED BY George H. Eiser, III DEPARTMENT City Attorney (Ext. 4221) EXPLANATION Since 1989, the City has leased a portion of Kimball Park fronting on "D" Avenue to The Boys and Girls Clubs of National City, Inc., ("BGCNC"). The lease is for the land only; the BGCNC constructed and owns the building on the site. The premises may be used only to maintain the BGCNC clubhouse. The lease term is 55 years, at a rental of $1.00 per year. Ms. Allie Pruitt, the President of the BGCNC, has recently informed me that the BGCNC is planning to merge with the Boys and Girls Clubs of Greater San Diego on January 1, 2009. It is the desire of the BGCNC to vest ownership and all interests in the leased premises to the City of National City prior to the merger (please see attached letter from Ms. Allie Pruitt). I have discussed this matter with Ms. Pruitt, and we have determined that the best way to accomplish this is for the BGCNC to execute a quitclaim deed of the premises and improvements to the City of National City. Concurrently, the City would enter into a month to month tenancy with BGCNC, which could later be terminated to allow the City to enter into a lease with the Boys and Girls Clubs of Greater San Diego. The proposed resolution would authorize the acceptance and recordation of a quitclaim deed for property and improvements located at 1430 "D" Avenue and 1521 "C" Avenue, and would authorize the Mayor to execute a bill of sale and a lease between the City and the BGCNC for said property. Environmental Review N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Approve resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. • Letter from the President of the Boys and • Quitclaim Deed Girls Clubs of National City, Inc. • Bill of Sale • Lease • Resolution A-200 (9/99) City of National City City Council 1243 National City Boulevard National City, CA 91950 November 21, 2008 Honorable .Mayor and Council Members Today, the Boys & Girls Clubs of National City announced the merger of the Boys & Girls Clubs of National City with the Boys & Girls Clubs of Greater San Diego. The sole purpose of the merger is to bettor serve the youth of our community, The merger is scheduled to be in affect January 1, 2009. In these challenging economic times, this decision was made to insure the future operation of a Boys & Girls Clubs Program for the youth of our community. In order to protect the interest of the citizens of National City, the Board agreed to Quit Claim the Boys & Girls Clubs ofNational City's .facility, building located at 1430 D Avenue, to the City of National City prior to January 1, 2009. The Boys & Girls Clubs of National City can then lease the facility month to month until the merger is official. After the official merger date, the facility and land can be leased to the Boys & Girls Clubs of Greater Salt Diego for the expressed purpose of operating a Boys & Girls. Clubs program for the youth ofNational City. The Boys & Girls Clubs of Greater San Diego will be required to assume all responsibilities of said facility (maintenance and repair) in the same manner that the Boys & Girls Clubs of National City did in the past. The Boys & Girls Clubs of Greater San Diego will be required to maintain adequate insurance coverage of said facility in the manner that is currently requiredby the City of National City_ The City .Attorney advised that Council action is necessary to initiate the Quit Claim to change ownership of the BGCNC building; therefore, I propose that a request to initiate that process become an agenda item for the Council meeting scheduled on December 2, 2008. The BGCNC appreciate your support and look forward to working with the city to safeguard the youth of our community_ Thank you for your consideration. Sincerely, Allie Pruitt President The Positive Place for Kids BOYS & GIRLS CLUBS of Notional City 1430 D Avenue National City, CA 91950 (619) 477 - 5445 Fax (6I9) 477 - 9177 www.becnc.org SUPPORTED INNPART BY • tvay•.= ...rm.* AGENCY 96166 LEASE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND THE BOYS AND GIRLS CLUBS OF NATIONAL CITY, INC. This Lease is made and entered into this 16th day of December, 2008, by and between the City of National City, a municipal corporation, hereinafter designated as "Lessor", and the Boys and Girls Clubs of National City, Inc., of said City and State, hereinafter designated as "Lessee." RECITALS A. Lessee is desirous of leasing from Lessor certain real property for the purpose of maintaining a clubhouse thereon and for promoting the physical, mental and moral well- being of the boys and girls of the City of National City and for boys and girls in the immediate vicinity thereof. B. The use of said property for the purpose aforementioned will promote the general welfare of all the inhabitants of the City of National City. NOW, THEREFORE, the parties hereto agree as follows: 1. LEASED PREMISES: Lessor does hereby lease, demise and let to Lessee the following described property situated in the City of National City, County of San Diego, State of California, commonly known as 1521 "C" Avenue and 1430 "D" Avenue, as more specifically described in the attached Exhibit "A", which is incorporated herein by reference. 2. TERM: This Lease shall be for a month -to -month term, beginning on the date first above written, unless sooner terminated as provided herein. 3. RENT: Lessee shall pay as rent for the leased premises the sum of Dollar ($1.00) per year. 4. USE: The above described premises are leased to Lessee by Lessor for the purpose of maintaining a Boys and Girls Club and to be used exclusively and for no other purpose than to maintain said Boys and Girls Club and to promote the physical, mental and moral well-being of the boys and girls of the City of National City and territory adjacent thereto and to provide such means of education, wholesome recreation and proper guidance as may seem most likely and desirable for the accomplishment of the purposes herein set forth. 5. ASSIGNMENT: This Lease shall not be assigned or transferred nor shall Lessee have the right to sublet the leased premises or any part thereof, without the consent in writing of the City Council of Lessor evidenced by a resolution thereof duly adopted for said purpose. 4.00 1 Lease Between City of National City and Boys and Girls Clubs of National City, Inc., 6. IMPROVEMENTS: Lessee shall bear the entire expenses arising by reason of any improvements on the lease premises, and any improvement shall conform with all the requirements of laws of the State of California and the ordinances of the City of National City, in connection therewith and in the operation and maintenance thereof. 7. REPAIR: Lessor shall not be liable for the repair of upkeep and/or maintenance of any improvement to be located on the lease premises. Lessee shall be responsible for all maintenance and repair, and the costs of all utilities on the leased premises. Lessee shall keep the leased premises in a good order, condition and repair as reasonable use and wear thereof will permit. For any repair work, other than repair work in emergency situations, costing over $500, Lessee shall not perform such repair work without Lessor's prior written consent. For any alterations to the Leased Premises costing over $500, Lessee shall obtain Lessor's prior written consent. 8. HOLD HARMLESS: Lessee hereby agrees to indemnify, defend, and hold harmless the City of National City and its officers and employees from all liability, loss, costs, claims, demands, suits, and defense costs arising out of the use and maintenance of the leased premises and the improvements thereon by Lessee, except those arising out of the sole negligence or willful misconduct of Lessor. 9. INSURANCE: Lessee shall take out and maintain, throughout the period of this Lease, commercial general liability insurance with minimum limits of Two Million Dollars (2,000,000.00) combined single limit per occurrence, covering all bodily injury and property damage arising out of this Lease. Such insurance shall be written only with company(ies) approved by the Risk Manager of the City of National City. Any aggregate insurance limits must apply solely to this Lease. All deductibles in excess of $10,000 must approved by the Risk Manager. This policy shall name Lessor and its officers, agents, and employees as additional insureds, and shall constitute primary insurance as to Lessor, its officers, agents and employees, so that any other policies held by Lessor shall not contribute to any loss under said insurance. Said policy shall provide for thirty (30) days' prior written notice to Lessor of cancellation or material change. Prior to commencement of this Lease, Lessee shall furnish Lessor a certificate of insurance and with original endorsements affecting coverage required by this clause. Lessee shall keep the improvements located on the leased premises insured against loss or damage by fire in the amounts not less than eighty-five (85) percent replacement value. If the required insurance coverage is provided on a "claims made" rather than "occurrence" form, Lessee shall maintain such insurance coverage for three (3) years after expiration of the term (and any extension) of this Lease. In addition, the "retro" date must be on or before the date of this Lease. 2 Lease Between City of National City and Boys and Girls Clubs of National City, Inc., If Lessee does not keep an insurance policy in full force and effect at all times during the term of this Lease, Lessor may elect to treat the failure to maintain the requisite insurance as a breach of contract and terminate this Lease forthwith. Insurance provisions of this Lease may be reviewed by Lessor every year, and the required coverages increased as deemed necessary by Lessor. 10. INSPECTION: Lessor, by and through its proper officer, reserves and shall always have the right to enter the leased premises upon reasonable notice and at a reasonable time for the purpose of viewing and ascertaining the conditions of the same and the operation and maintenance thereof. 11. TERMINATION: The premises hereby leased are to be used by Lessee as a Boys and Girls Club and for no other purpose, as aforesaid, and it is further agreed between the parties that should the Boys and Girls Clubs of National City, Inc., cease to exists, then, at the option of Lessor, this Lease shall be deemed cancelled and of no further force and effect, and all liabilities of the parties hereunder shall cease. Further, Lessor may terminate this Lease upon thirty (30) days' written notice to Lessee in the event Lessor determines the leased premises are needed for public or municipal purposes. Notice by Lessor to terminate this Lease as herein provided shall be served upon any officer of Lessee. 12. REMOVAL OF IMPROVEMENTS: At the termination or expiration of this Lease or any renewal thereof, Lessee shall within thirty (30) days remove any and all buildings, structures, and other improvements or parts of buildings, or fixtures, or personal property placed or erected on the leased premises, during the term thereof, or any renewal thereof, and that all expense connected with such removal shall be borne by the Lessee. Lessor shall have the right to sell, destroy, remove, or otherwise dispose of any property or improvements left on the leased premises longer than thirty (30) days after termination of this Lease. 13. NON-DISCRIMINATION: Lessee agrees that there shall be no discrimination against or segregation of any person or group of persons, because of race, color, creed, national origin, sex, sexual orientation, ancestry, marital status, physical handicap, or medical condition, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the leased premises, nor shall Lessee, or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number use, or occupancy of tenants, lessees, subleases, subtenants, or vendees in the leased premises. 14. WAIVER: The failure or omission of Lessor to terminate this Lease for any violations of any of its terms, conditions, or covenants, shall in no way be deemed to be a consent by Lessor to such violation and shall in no way bar, stop or prevent Lessor from terminating this Lease thereafter, either for such or for any 3 Lease Between City of National City and Boys and Girls Clubs of National City, Inc., subsequent violation of any such term, condition or covenant. The acceptance of rent hereunder shall not be or construed to be a waiver of the breach of any term, condition or covenant of this Lease. 15. SIGNS: Lessee agrees that no sign, advertisement, or notices shall be inscribed, painted or affixed on or to any part or portion of the outside of the leased premises except to be of such type and color, size and style, and in such place as may be approved by the City of National City. 16. TAXES: Lessee recognizes and understands that this Lease may create a possessory interest subject to property taxation and that Lessee may be subject to the payment of property taxes levied on such interest. Lessee further agrees to pay any and all property taxes, if any, assessed during the term of this Lease pursuant to Sections 107 and 107.1 of the Revenue and Taxation Code against Lessees' possessory interest in the lease premises. 17. NOTICES: All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile, fax or email; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice; (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility; (iii) if mailed by registered, certified, or ordinary mail, three (3) days (five (5) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service; (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid; or (v) if given by telex, telecopy, facsimile, fax, or email, when sent. Any payment, notice, request, demand, direction, or other communication delivered or sent as specified above shall in the case of Lessor, be delivered or sent to Lessor's City Manager, and in the case of Lessee, to any officer of Lessee. 18. ENTIRE AGREEMENT: This Lease supersedes any prior agreements, negotiations, and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent, or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. 19. CONSTRUCTION: The parties acknowledge and agree that (i) each party is of equal bargaining strength; (ii) each party has actively participated in the drafting, preparation and negotiation of this Lease; (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Lease; (iv) each party, and such party's 4 Lease Between City of National City and Boys and Girls Clubs of National City, Inc., counsel and advisors, have reviewed this Lease; (v) each party has agreed to enter into this Lease following such review and the rendering of such advice; and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Lease, or any portions hereof, or any amendments hereto. 20. NO AGENCY: Nothing in this Lease Agreement shall cause or imply any agency relationship or duty between Lessor and Lessee. 21. COUNTERPARTS. This Lease may be signed in counterparts. 22. RECORDATION: This Lease or a memorandum thereof may be recorded. IN WITNESS WHEREOF, this Lease is executed by the City of National City, pursuant to resolution authorizing the Mayor to execute the same for and on behalf of said City, and the Boys and Girls Clubs of National City, Inc., has caused this instrument to be executed by two of its proper officers thereunto duly authorized and its corporate name and seal to be hereunto affixed the day and year in this Lease first above written. CITY OF NATIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney BOYS AND GIRLS CLUBS OF NATIONAL CITY, INC. (Corporation - signatures of two corporate officers) By: (Name) (Print) (Title) By: (Name) (Print) (Title) viro 5 Lease Between City of National City and Boys and Girls Clubs of National City, Inc., RECORDING REQUESTED BY: George H. Eiscr, III, City Attorney City of National City 1243 National City Boulevard National City, CA 91950-4301 WHEN RECORDED MAIL THIS DEED AND, UNLESS OTHERWISE SHOWN BELOW, MAIL TAX STATEMENT 1'O: George H. Eiser, III, City Attorney City of National City 1243 National City Boulevard National City, CA 91950-4301 SPACE ABOVE THIS LINE FOR RECORDER'S USE Quitclaim Deed APN: The undersigned grantor(s) declare(s): Document transfer tax is $ -0- City of National City, and FOR TEN DOLLARS ($10) AND OTHER VALUABLE CONSIDERATION, receipt of which is hereby acknowledged The Boys and Girls Clubs of National City, Inc. hereby REMISE(S), RELEASE(S) AND FOREVER QUITCLAIM(S) to The City of National City that property in the City of National City, County of San Diego, State of California, described as: 1521 "C" Avenue and 1430 "D" Avenue, National City, CA 91950, as more specifically described in the attached Exhibit "A", which is incorporated herein by reference Dated , 2008. Signature of Grantor(s) State of California ) County of San Diego ) S.S. On before me personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public MAIL TAX STATEMENT TO: (This area for official notarial seal) BILL OF SALE For One Dollar ($1.00) and other valuable consideration, receipt of which is hereby acknowledged, BOYS AND GIRLS CLUBS OF NATIONAL CITY, INC. hereby sells, conveys and assigns all rights, title, and interest in the improvements and personal property located at 1521 "C" Avenue and 1430 "D" Avenue, National City, California, 91950, commonly known as the Boys and Girls Club Clubhouse, including therewith all accessory buildings and structures, appliances, fixtures, furniture (excluding the tables and chairs kept inside the building), and equipment, to THE CITY OF NATIONAL CITY. The Boys and Girls Clubs of National City, Inc., covenants and agrees that it is the lawful owner of said improvements and personal property; that it is free from encumbrances; and that it has the right to sell said improvements and personal property. Dated: , 2008. BOYS AND GIRLS CLUBS OF NATIONAL CITY, INC., By: (Print) Dated: , 2008. By: Dated: (Print) , 2008. CITY OF NATIONAL CITY By: Ron Morrison Mayor RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ACCEPTANCE AND RECORDATION OF A QUITCLAIM DEED FOR PROPERTY AND IMPROVEMENTS LOCATED AT 1430 "D" AVENUE AND 1521 "C" AVENUE; AND AUTHORIZING THE MAYOR TO EXECUTE A BILL OF SALE AND A LEASE BETWEEN THE CITY OF NATIONAL CITY AND BOYS AND GIRLS CLUBS OF NATIONAL CITY, INC., FOR SAID PROPERTY AND IMPROVEMENTS WHEREAS, since 1989, the City has leased a portion of land in Kimball Park fronting on "D" Avenue to the Boys and Girls Clubs of National City, Inc., ("BGCNC") at the cost of $1.00 per year; and WHEREAS, on January 1, 2009, the BGCNC is planning to merge with the Boys and Girls Clubs of Greater San Diego; and WHEREAS, it is the desire of the BGCNC to vest ownership and all interests in the leased premises to the City of National City prior to the merger by executing a quitclaim deed and Bill of Sale of the premises and improvements, at which time the City would enter into a month to month tenancy with BGCNC, which could later be terminated to allow the City to enter into a lease with the Boys and Girls Clubs of Greater San Diego. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby accepts a quitclaim deed from the Boys and Girls Clubs of National City, Inc., for the property and improvements located at 1430 "D" Avenue and 1521 "C" Avenue", and directs the City Clerk to record the same. BE IT FURTHER RESOLVED that the City Council hereby authorizes the Mayor to execute a Bill of Sale and a Lease between the City of National City and the Boys and Girls Clubs of National City, Inc., for property and improvements located at 1430 "D" Avenue and 1521 "C" Avenue. PASSED and ADOPTED this 16th day of December, 2008. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Niue City of National City, California CITY COUNCIL AGENDA STATEMENT AEETING DATE December 16, 2008 AGENDA ITEM NO. 13 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AN AMENDED POLICY NUMBER 602 OF THE CITY COUNCIL POLICY MANUAL PERTAINING TO THE CITY COUNCIL CLERICAL STAFF AND EXECUTIVE ASSISTANT TO THE MAYOR PREPARED BY George H. Eiser, III (Ext. 4221)p "' DEPARTMENT City Attorney EXPLANATION This resolution would approve an amend Policy Number 602 of the City Council Policy Manual. Policy No. 602 pertains to the City Council Clerical Staff and Executive Assistant to the Mayor. The Policy was first adopted in 1985, and last amended in 1986. At the December 2 City Council meeting, the Council determined to amend and update the Policy. As amended and updated, the Policy would consist of the following provisions: • The purpose of the Policy is to establish guidelines for the evaluation and replacement of the Clerical Staff and Executive Assistant to the Mayor. • Responsibility is placed upon the Vice -Mayor to confer with the Mayor to coordinate periodic performance evaluations or the replacement of the Clerical Staff and Executive Assistant to the Mayor. • The Vice -Mayor shall confer with the Mayor to make recommendations on performance evaluations, pay increases, and temporary assistance in the case of the absence of members of the Clerical Staff or the Executive Assistant to the Mayor. • The Vice -Mayor shall confer with the Mayor for the annual review and performance evaluation of the Clerical Staff and Executive Assistant to the Mayor. A copy of the amended Policy No. 602 is attached. Environmental Review J N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Resolution Amended City Council Policy No. 602 A-200 (9/99) CITY COUNCIL POLICY TITLE: CITY COUNCIL CLERICAL STAFF AND POLICY EXECUTIVE ASSISTANT TO THE MAYOR NUMBER: 602 ADOPTED: August 20, 1985 AMENDED OR January 21, 1986 REVISED: December 16, 2008 Purpose To establish guidelines for the evaluation or replacement of the City Council Clerical Staff and Executive Assistant to the Mayor. Policy It shall be the responsibility of the Vice Mayor to confer with the Mayor to coordinate the performance evaluation or replacement of the City Council Clerical Staff and Executive Assistant to the Mayor. The Vice Mayor shall confer with the Mayor to make recommendations on performance, pay increases, and the need for temporary assistance in case of absences. The Vice Mayor will also be responsible to confer with the Mayor for the annual review and evaluation of the performance of the City Council Clerical Staff and Executive Assistant to the Mayor. Related Policy Procedures None. RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AN AMENDED POLICY NUMBER 602 OF THE CITY COUNCIL POLICY MANUAL PERTAINING TO THE CITY COUNCIL CLERICAL STAFF AND EXECUTIVE ASSISTANT TO THE MAYOR BE IT RESOLVED by the City Council of the City of National City that City Council Policy No. 602, entitled "City Council Clerical Staff and Executive Assistant to the Mayor", is amended as recommended by the City Attorney. PASSED and ADOPTED this 16th day of December, 2008. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT ,`► °ETING DATE December 16, 2008 AGENDA ITEM NO. 14 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DESIGNATING THE REPRESENTATIVES AUTHORIZED TO ORDER THE DEPOSIT AND WITHDRAWAL OF CITY MONIES WITH FINANCIAL INSTITUTIONS ON BEHALF OF THE CITY OF NATIONAL CITY PREPARED BY Jeanette Ladrid Finance Directo EXPLANATION DEPARTMENT Finance x 4331 As a result of the recent appointment of the new City Treasurer, the resolution dated August 7, 2007, must be updated to remove the previous City Treasurer, George Hood. At the request of R. Mitchel Beauchamp, the City Treasurer will not be authorized to order the deposit and withdrawal of City monies. The Finance department will provide informational reports of the City's investments and cash position to the City Treasurer on a regular basis. The proposed resolution would concurrently designate Chris Zapata, City Manager, Leslie A. Deese, Assistant City Manager and Jeanette Ladrido, Finance Director as the City's representatives authorized to perform these functions. Environmental Review X N/A Financial Statement Not Applicable. Account No. STAFF RECOMMENDATION 1. Adopt Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Resolution A-200 (9/80) RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DESIGNATING THE REPRESENTATIVES AUTHORIZED TO ORDER THE DEPOSIT AND WITHDRAWAL OF CITY MONIES WITH FINANCIAL INSTITUTIONS ON BEHALF OF THE CITY OF NATIONAL CITY BE IT RESOLVED by the City Council of the City of National City that the following City representatives shall be authorized to order the deposit and withdrawal of monies with financial institutions on behalf of the City of National City: Chris Zapata, City Manager Leslie A. Deese, Assistant City Manager Jeanette Ladrido, Finance Director PASSED and ADOPTED this 16th day of December, 2008. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT ,*,,,,,EETING DATES December 16, 2008 AGENDA ITEM NO. 15 (-- ITEM TITLE Resolution of the City Council approving an amended Policy #301 of the City Council Policy Manual pertaining to the Framework for National City's Revised Legislative and Judicial Platform PREPARED BY EXPLANATION Leslie Deese DEPARTMENT Asst. City Manager (336-4240) City Manager's Office Please see attached report. Environmental Review ✓ N/A Financial Statement N/A Account No. STAFF RECOMMENDATION City Council approve the revised Legislative & Judicial Platform and Policy. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Staff Report Proposed Council Policy #301 Resolution A-200 (9/80) Attachment — Resolution of the City Council approving an amended Policy #301 of the City Council Policy Manual pertaining to the Framework for Na- tional City's Revised Legislative and Judicial Platform The purpose of this report is to ask the City Council to approve an amended Policy #301 of the City Council Policy Manual pertaining to the framework for revising Na- tional City's legislative and judicial platform and policy, which were first passed in, and which have remained un-amended since, 1991. The proposed policy incorpo- rates the general framework that was presented to the City Council at its November 18, 2008 City Council Meeting. Background: Significant changes in the political climate, legislative priorities over the last 16 years, as well as the worsening economic situation at the federal, state and local levels, ne- cessitate revising the City's legislative and judicial platform policy. National City has lost over $10 million in state takeaways over the last ten years, and now faces an additional $1 million raid in state redevelopment funds. We expect takeaways to increase as our state govemment's fiscal crisis worsens. Also, the fed- eral government is considering reducing federal funds, such as housing subsidies and block grants, paid to cities. Revising the platform and policy under the frame- work we propose would better enable National City to oppose increased state take- aways and decreased federal subsidies, and protect its interests in general at the federal, state and local levels. It also would allow a more timely approach to opportu- nities that may present themselves through state and federal stimulus and infrastruc- ture programs. Additionally, organizations such as the League of California Cities and the National League of Cities, although effective advocates on a range of issues common to local governments, are responsible for advocating on behalf of the majority of their mem- bership, rather than on behalf of National City specifically. Agencies such as the County of San Diego, the Port of San Diego, or the San Diego Local Agency Forma- tion Commission (LAFCO) are subject to similar limitations. It is therefore vitally im- portant for National City to actively and effectively and independently evaluate issues and, where necessary, advocate on its own behalf, which our proposed framework would better permit. With these goals in mind, the City Manager's Office, together with Husk Partners, the City's consultant on governmental affairs, propose that the revised legislative and ju- dicial platform and policy emphasize approximately five -to -eight core areas including, but not limited to: 1. Home Rule/Fiscal Sustainability 2. Infrastructure 3. Transportation 4. Port -related Legislation 5. Energy Conservation & Environmental Protection 6. Land Use Planning 7. Economic Development 8. Affordable Housing We recommend that the revision also encompass other common legislative issues, such as employee relations and benefits, public safety, telecommunications and gov- ernmental public liability. The legislative framework has been developed according to City Council priorities, through dialogue with Council members, City staff, the League of California Cities, and other regional agencies. The new platform and policy, as revised under our proposed framework, would estab- lish National City's position on legislative issues of strong interest to our City. The pro- posed policy would permit the City Manager, under appropriate circumstances, and in accordance within the Council -adopted legislative platform, to take a position on such issues without the normal delays associated with first seeking the approval of the City Council. Whether the circumstances warranted such action without pre -approval would be determined by the City Manager based on the Council priorities, legislative climate, and urgency of the legislative issue in question. As soon as practicable, the City Manager would provide the Council with legislative updates and copies of corre- spondence sent on behalf of the City. The revised platform and policy would also allow the City Attorney to take positions on pending judicial matters by such means as adding the City's name to amicus curiae briefs, corresponding with appellate courts, and supporting efforts of the League of California Cities' Legal Advocacy Committee, without first seeking Council approval. Written correspondence to the appellate courts or requests to participate in amicus cu- riae briefs would be signed by the City Attorney or his designee, with a copy to the City Council. Council approval would be required on issues not within the parameters of the platform or policy, unless scheduling such approval were impracticable due to the need for im- mediate action by the City, as in the case of emergency legislation. In such cases, the City Manager would determine the appropriate course of action as to legislative mat- ters after considering the recommendation of the Department Director, and the City At- torney would make such determinations with respect to judicial issues. The City Man- ager or City Attorney would thereafter report to the City Council at the regularly sched- uled meeting or sooner regarding the action taken. .r/ CITY COUNCIL POLICY TITLE: LEGISLATIVE AND JUDICIAL PLATFORM POLICY #301 ADOPTED: February 24, 1991 AMENDED OR REVISED November 18, 2008 Page 1 of 2 Purpose To establish guidelines which allow staff to respond to proposed legislation and pend- ing litigation quickly and effectively and to serve as a broad statement of City policy on a variety of public issues. Policy The City Council shall adopt a legislative and judicial platform and annual legislative priorities, developed by the staff as policy parameters in order to respond to proposed legislation and pending litigation quickly. The direction provided in the legislative and judicial platform will encompass principles fundamental to the needs of the City. This platform shall be updated and revised by the Council as necessary. In addition, the Council shall adopt legislative priorities annually. These Council endorsed legislative priorities may address specific and pending regional, state, and federal policy issues for the City of National City. Generally, the legislative priorities document shall in- clude only those items of a direct and substantial impact on the municipal operations. The City of National City legislative platform and priorities formally establishes the City's position on pending legislative matters. With this policy guidance, the City Manager's Office and Legislative Liaison shall advocate for and against legislative matters as appropriate without waiting for Council approval. The method of communi- cation, and level of engagement will be determined by the City Manager's Office based on the Council priorities, legislative climate, and urgency of the legislative pro- posal. The City Council will be provided with legislative updates and copies of corre- spondence sent on behalf of the City. Similarly, the platform and priorities allow the staff to provide input into the judicial system, such as by adding the City's name to amicus curiae briefs, by corresponding with appellate courts, or by supporting efforts of the League of California Cities' Legal Advocacy Committee, without waiting for Council approval. Written correspondence to the appellate courts or requests to participate in amicus curiae briefs will be signed by the City Attorney or designee, with a copy to the City Council. CITY OF NATIONAL. CITY 2 CITY COUNCIL POLICY TITLE: LEGISLATIVE AND JUDICIAL PLATFORM POLICY #301 ADOPTED: February 24, 1991 AMENDED OR REVISED: November 18, 2008 Page 2 of 2 Council approval is required on those issues which do not fall within the parameters of the legislative and judicial platform or legislative priorities, unless scheduling and approval is not possible due to the emergency nature of the legislation or litigation or to the necessity of City action which prevents such scheduling in a timely manner. In such cases, the City Manager shall determine the appropriate course of action as to legislative matters, after considering the recommendation of the Department Director and Legislative Liaison; and the City Attorney shall make such determinations on liti- gation issues. Timeline The Council shall periodically update the legislative and judicial platform as needed. The Council shall annually adopt legislative priorities. On or before November 15th, the City Manager shall submit legislative policy recommendations to the Council for review. On or before the final City Council Meeting in December, the City Council shall formally adopt the annual Legislative Priorities. On or before April 1st, the City Manager's office shall compile items to be submitted for inclusion in the state and/or federal budget. On or before June 1st, the City Council shall formally adopt the budget items for inclusion on behalf of National City. The priorities and timelines may be amended by the City Council from time to time when action on a matter appears to be of sufficient urgency that it would not be in the city's best interest to wait until the next legislative year. Related Policy References None CITY OF NATIONAL CITY y cA.LIFFORNUC •-* NAVI � PET, u^'C) fACORPORAT O 2009 CITY OF NATIONAL CITY LEGISLATIVE AND JUDICIAL PLATFORM AND CORE PRIORITIES The National City Council urges the Legislature to: o Preserve and enhance the City's ability to deliver quality and cost-effective services to National City's residents and visitors. o Preserve and enhance the City Council's ability to serve National City residents by retaining local decision making authority and maintaining state legislative and voter commitments for revenue sources. LEGISLATIVE PLATFORM MUNICIPAL CORE LEGISLATIVE PRIORITIES The following eight core legislative priorities highlight issues that could significantly affect National City and legislative advocacy efforts which will be focused in these priority areas. I. HOME RULE / FISCAL SUSTAINABILITY Home Rule and Local Control The City believes strongly in the principles of home rule authority and local control and its ability to increase the effectiveness and efficiency of local government services. The City encourages the Legislature to respect and support home rule and opposes legislation that attempts to weaken municipal home rule authority and flexibility. Fiscal Sustainability The City supports the retention of local taxing authority, the maintenance of fiscally balanced revenue sources, and measures that would provide fiscal independence to cities. 3 The City supports the full disbursement levels of existing revenue streams and directed funding sources including sales tax, property tax, transient occupancy tax (TOT) and vehicle in -lieu fees. The City opposes diversions and reallocations of these funds by the Legislature in a manner that would negatively affect local government. The City opposes unfunded mandates placed on local jurisdictions, and encourages the legislature to evaluate the fiscal impact such mandates will have on communities prior to considering the issue. II. INFRASTRUCTURE The City supports the retention of infrastructure funding and bonding for street projects, housing and infill infrastructure projects and parks. The city recognizes that funding for these key project areas will help to spur economic activity in National City. The City supports efforts to provide more flexibility in raising revenue for necessary infrastructure projects. The City supports federal and state economic stimulus initiatives that provide the necessary resources and funds to invest in necessary infrastructure projects to improve the transfer of goods and services throughout the region, create jobs and encourage economic development. III. TRANSPORTATION The City believes the movement of goods and people is vital to continued economic success and to the maintenance of a high quality of life. In order to preserve these, the City encourages the Legislature to invest in the maintenance and expansion of the State's mufti -modal transportation network. The City supports regional coordination in transportation planning but opposes efforts that limit local control in the transportation decision -making process. The City supports measures to finance local and regional multi -modal transportation improvements and to enhance transportation funding equity. The City opposes proposals that would adversely affect the quality of National City and its surrounding area. Furthermore, the council supports efforts that grant cities and towns the additional ability to provide for transportation improvements. IV. PORT RELATED LEGISLATION The City and the Port of San Diego have attempted to work cooperatively to address the disparity that has long existed between the regional benefits of the Port and the unique local impacts of the Port on the City and its residents. The City is committed to pursuing public policy that would achieve the balance necessary between the Port, the Working Waterfront and National City consistent with the following six principles agreed upon by the parties: 1. Protection of Maritime Uses 2. Enhancement of the Working Waterfront 3. Environmental Compliance 4. Public and/or Visitor Serving Amenities 5. Financial Benefits to the Port and National City 6. Public Participation within National City Generally, the City is supportive of any legislative measures that are consistent with the policies and intent of one or more of the foregoing principles. Further, the City Council supports efforts that grant Port communities the ability to fully address the economic and environmental impacts directly and indirectly attributed to the Port. National City is also supportive of public policy that provides financial incentives to Port communities for the preservation and expansion maritime activities within its jurisdiction. V. ENERGY CONSERVATION & ENVIRONMENTAL PROTECTION The City recognizes the importance of working cooperatively with other governmental and private sector entities to implement and manage efficient, cost-effective, and sound environmental programs and services that secure clean air, water and land. The City supports appropriate legislation and regulation that promotes pollution prevention, supports energy conservation efforts and encourages green development without imposing unfunded mandates. The City opposes efforts that place a severe financial burden on municipalities. VI. LAND USE PLANNING The City supports maintaining local authority in land use planning issues and supports legislative efforts that promote more orderly growth and opposes efforts that impede growth management, including the preservation of local authority to set land use policies. The City supports efforts to assist local governments in implementing sustainable development practices. The City opposes legislation that would restrict a municipality's ability to redevelop under -performing areas. VII. ECONOMIC DEVELOPMENT The City supports efforts to enhance the range of economic development mechanisms at a municipality's disposal that would strengthen the abilities of local agencies to prepare for, and implement growth, development, redevelopment, conservation and beautification projects. The City opposes any attempt to limit local control over, or ability to execute economic development projects including through the diversion of redevelopment funding. The City opposes any state or federal proposals that reduce economic investment opportunities at the local level. This includes reductions and restrictions to block grants and housing subsidies. VIII. AFFORDABLE HOUSING The City recognizes the importance of housing for all income levels as critical to the balanced and healthy growth of the city and its communities. The City supports affordable housing efforts as a key component to workforce recruitment and retention. This includes support for federal and state participation and financial support of programs to provide adequate housing for the elderly, disabled and low income persons throughout the community. LEGISLATIVE PLATFORM CONTINUED The following platform statements address additional legislative issues that may arise, and appear regularly at the federal and state levels. GOVERNMENTAL PUBLIC LIABILITY POLICY The City supports efforts to reinforce public entity design and discretionary act immunity. The City supports efforts to abolish lump -sum awards for damages and to substitute installment payments projected over the plaintiff's life span, to cease at time of death. The City supports efforts to develop statutory provisions calling for the reimbursement of all public entity defense costs and expenditures incurred in the defense of frivolous and spurious claims and lawsuits. The City supports efforts to change the legal principal of "joint and several liability" to protect, ensure and otherwise provide that the City will not be a "deep pocket" liability target. 8 The City opposes efforts to further erode governmental tort immunity. The City opposes any efforts to remove or weaken any statutory time limits as to the filing and serving of claims and lawsuits as well as any efforts to open public entities to liability for punitive or exemplary damages. The City opposes any efforts to expand situations in which public entities may be liable to pay for litigants' attorneys' fees or other litigation expenses. EMPLOYEE RELATIONS AND BENEFITS The City supports efforts that provide the City with necessary resources and authority to establish appropriate working conditions and benefits to its employees. This includes preserving and enhancing equal employment opportunities for all people seeking employment, and opposing efforts that remove the local decision making authority in employee issues. The City is supportive of efforts that result in improved public and private sector labor management relations and opposes efforts that impose state mandates. The City supports efforts to prevent abuses within the compensation system, which in turn results in increased costs to the municipality. PUBLIC SAFETY AND EMERGENCY SERVICES The City supports initiatives to preserve and enhance the ability of local governments to strategically plan for and respond to emergencies and efforts to ensure that the greatest level of public safety and emergency services are provided to the community without creating an unfunded mandate. The City supports the retention of revenue streams for funding public safety employees, disaster preparedness, crime and fire prevention and suppression, emergency medical services and public safety training. TELECOMMUNICATIONS The City supports efforts that ensure consumer access to telecommunications services in an efficient and cost effective manner while retaining local government's authority. This includes retaining local government's ability to negotiate franchise agreements, the ability to regulate the use of public rights -of -way and collect appropriate revenues in order to maximize benefits to the consumer. RESOLUTION NO. 2008 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING CITY COUNCIL POLICY NO. 301 PERTAINING TO THE FRAMEWORK FOR NATIONAL CITY'S REVISED LEGISLATIVE AND JUDICIAL PLATFORM BE IT RESOLVED by the City Council of the City of National City that City Council Policy No. 301, entitled "Legislative and Judicial Platform", is amended as recommended by the Assistant City Manager. PASSED and ADOPTED this 16th day of December, 2008. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 10 City of National City, California COUNCIL AGENDA STATEMENT EETING DATE - Dyer 16, 2008 AGENDA ITEM NO. 16 ITEM TITLE Warrant Register #21 for the period of 11/12/08 through 11/18/08 in the Amount of $1,785,630.60 PREPARED BY D. Gallegos -Finance DEPARTMENT Finance EXPLANATION Jeanette Ladrido 619-336-4331 Per Government Section Code 37208, attached are the warrants issued for the period of 11/12/08 through 11/18/08. The Finance Department has implemented a policy to provide explanation of all warrants Above $50,000.00 Vendor Check# Amount Explanation Kleinfelder 223954 51,816.20 Resurfacing Public Emp Ret Sys 223968 270,257.00 Emp Ret Sys PPE 11/03/08 Rick Eng 223995 84,367.26 Street Widening League of Women Voters 224037 98,000.00 Voters Guides "'sc.c. Payroll Various 1,013,548.72 PPE 11/03/08 CEnvironmental Review _ N/A Financial Statement Not applicable. Approved By: Finan e Director Account No. STAFF RECOMMENDATION Ratification of warrants in the amount of $1,785,630.60 BOARD / COMMISSION RECOMMEN ATION 1. Warrant Register #21 a. 1._,,,,_ ATTACHMENTS ( Listed Below) Resolution No. PAYEE NATIONAL CITY DIABLOS ALCEM FENCE COMPANY INC ALL FRESH AT&T/MCI AUSTIN DOORS BANK OF AMERICA BC WIRE ROPE & RIGGING, INC. BEST BEST & KRIEGER LLP BONITA PET HOSPITAL CALIFORNIA DIESEL COMPLIANCE CHICK'S ELECTRIC MOTOR, INC. CINGULAR WIRELESS CITY OF NATIONAL CITY COMMUNITY DEVELOPMENT CONSTRUCTION ELECTRONICS INC. COPWARE INC CORPORATE EXPRESS COUNTY OF SAN DIEGO RUNTY OF SAN DIEGO `.COUNTY OF SAN DIEGO DAYDOTS DIAZ DSL EXTREME EXPERIAN FLORES-CLARK G & A AUTO AIR CONDITIONING HAMILTON MEATS & PROVISIONS HAWTHORNE MACHINERY (INC.) IKON OFFICE SOLUTIONS/IOS INDEPENDENT FORENSIC SERVICES INSTITUTE OF TRANSPORTATION INTEGRATED BIOMETRIC KLEINFELDER,INC. MAINTEX, INC. MANA DE SAN DIEGO MANGANIELLO MCGUIRE DISTRIBUTION MICHAL PIASECKI CONSULTING MX LOGIC, INC NEXUS INTEGRATED SOLUTIONS OLIVER PRODUCTS COMPANY PACIFIC PRODUCTS & SERVICES PADRE JANITORIAL SUPPLIES, INC -PPERBALL TECHNOLOGIES, INC. `"RLANET BIDS, INC. PRO -EDGE KNIFE PUBLIC EMP RETIREMENT SYSTEM ROTH STAFFING COMPANIES WARRANT REGISTER # 21 11/18/2008 DESCRIPTION BLOCK GRANT (CDBG) PROGRAM MISCELLANEOUS FENCE/WALL FOOD/CONSUMABLES PHONE XXX-1330 09/01-10/13/08 FURNISH AND INSTALL SL3000 GATE TRAVEL & SUBSISTENCE EXP - CS SLINGS LABOR UPDATE SEMINAR - CC ER ANIMAL CARE FOR STRAY ANIMALS STATE MANDATED OPACITY TESTING SHOP LABOR PD WIRELESS SERVICE 10/6-11/5/08 PETTY CASH OCT 30, 2008 REIMB CDC ERRONEOUSLY CHARG MAINTENANCE - OCT 2008 SUBSCRIPTION/SITE LICENSE MOP 45704 OFFICE SUPPLIES - FIN CLAIM COSTS - COUNTY OF S D SHARE OF PARKING CITATION REV MAIL PROCESSING SERVICES SANITIZER TEST STRIPS TURFGRASS AND EXPO SEMINAR - PW DSL DATA LINE FOR REC CENTER CREDIT CHECKS FOR NEW PD EMP FREIMB FOR CERTIFICATE FRAMES A/C CONDENSOR FAN MOTOR MEAT PRODUCTS TRAVEL TO/FROM WORK AREA COPIER EQUIP LEASE PAYMENTS SART EXAMS 2009 ITE MEMBERSHIP - ENG EMPLOYEE FINGERPRINT TEST BILLING THRU OCT 12, 2008 SERVICES JANITORIAL SUPPLIES REFUND -SERVICES NOT RENDERED REIMBURSEMENT -HANDBOOK MILK PRODUCTS 80 CRYSTAL REPORTS UPDATES SPAM EMAIL FILTERING/WEB SVCS IN-HOUSE MAINTENANCE/SERVICE TRAYS 3/8" STEEL RIVETS, JANITORIAL SUPPLIES PROMO, SA-4 LAUNCHER BIDSONLINE SERVICE AND SUPPORT SHARPENING SERVICE SERVICE PERIOD 11-08-3 NEIGHBORHOOD TEMP EMP 10/19/08 1/3 CHK NO DATE AMOUNT 223922 11/12/08 30,000.00 223923 11/18/08 1,070.00 223924 11/18/08 1,651.35 223925 11/18/08 72.38 223926 11/18/08 3,104.00 223927 11/18/08 837.00 223928 11/18/08 396.41 223929 11/18/08 80.00 223930 11/18/08 717.00 223931 11/18/08 720.00 223932 11/18/08 393.88 223933 11/18/08 2,135.44 223934 11/18/08 939.17 223935 11/18/08 18,090.31 223936 11/18/08 2,930.65 223937 11/18/08 1,850.00 223938 11/18/08 101.58 223939 11/18/08 1,807.31 223940 11/18/08 3,314.67 223941 11/18/08 5,000.70 223942 11/18/08 97.36 223943 11/18/08 37.87 223944 11/18/08 55.83 223945 11/18/08 57.48 223946 11/18/08 95.90 223947 11/18/08 415.74 223948 11/18/08 1,860.14 223949 11/18/08 1,300.54 223950 11/18/08 18,945.35 223951 11/18/08 900.00 223952 11/18/08 267.00 223953 11/18/08 20.00 223954 11/18/08 51,816.20 223955 11/18/08 4,174.39 223956 11/18/08 200.34 223957 11/18/08 138.60 223958 11/18/08 342.60 223959 11/18/08 3,600.00 223960 11/18/08 441.00 223961 11/18/08 476.00 223962 11/18/08 2,140.38 223963 11/18/08 312.88 223964 11/18/08 768.22 223965 11/18/08 4,310.00 223966 11/18/08 7,000.00 223967 11/18/08 45.00 223968 11/18/08 271,257.00 223969 11/18/08 1,008.70 PAYEE ROTH STAFFING COMPANIES SCHAU SDG&E SPECIAL EVENT AUDIO SERVICES STRATACOM SULLIVAN SYSCO SAN DIEGO THE SAN DIEGO UNION TRIBUNE TRISTAR RISK MANAGEMENT UNION BANK OF CALIFORNIA US STERLING CAPITAL CORP VULCAN MATERIALS COMPANY WATERLINE TECHNOLOGIES ZUMAR INDUSTRIES BEST BEST & KRIEGER LLP CHRISTENSEN & SPATH LLP CORPORATE EXPRESS COUNTY OF SAN DIEGO DIXIELINE LUMBER CO. EDCO DISPOSAL GLADWELL GOVT SERVICES INC IBARRA NATIONAL CONSTRUCTION RENTAL POWER PLUS PRUDENTIAL OVERALL SUPPLY RICK ENGINEERING CO. SAN DIEGO DAILY TRANSCRIPT SAN DIEGO GAS & ELECTRIC SD COUNTY VECTOR CONTROL STRATACOM THE STAR NEWS UNION TRIBUNE PUBLISHING CO VISTA PAINT COPY POST PRINTING CRUZ M. BUSTAMANTE & ASSOC EQUIFAX INFORMATION SVCS HUSK PARTNERS AMAZON.COM BAKER & TAYLOR BRODART BUNDY CITY OF NATIONAL CITY CORPORATE EXPRESS KIDSROCK LASER SAVER INC MIDWEST TAPE PENINSULA LIBRARY SYSTEM RANDOM HOUSE, INC. WARRANT REGISTER # 21 11/18/2008 DESCRIPTION NEIGHBORHOOD TEMP EMP 10/26/08 REIMB FOR DISPATCHER COURSE FACILITIES DIVISION BAYFRONT EXPO MOP 63845 BUSINESS CARD - PD REIMB FOR ICI CORE COURSE FOOD/CONSUMABLES EMPLOYMENT ADVERTISING PREFUND FOR PAUL BOYD CLAIM NCJPFA ADM BILLING OCT08-SEP'09 TRADE SETTLING CHARGES SHEET AND COLD MIX ASPHALTS MUNICIPAL POOL CHEMICALS KIMBALL PARK SKATEPARK HOURS LEGAL SERVICES CASA FAMILIAR MOP 45704 OFFICE SUPPLIES VOLUNTARY ASSISTANCE PROGRAM MOP 45707 PAINT SUPPLIES WASTE DISPOSAL - GRANGER HALL CONTRACTED SERVICES HUD HEALTHY HOMES CONF FENCE RENTAL 1640 E PLAZA BLVD EQUIPMENT RENTAL MOP 45742 STREET UNIFORMS - CS BAY MARINA DR WIDENING ADVERTISING LEGAL NOTICES GAS & ELECTRIC 2300 CLEVELAND AVE CONTRACT SERVICES MOP 63845 BUSINESS CARD - CS DEMOLITION OF BUILDINGS LOCATED AT PUBLIC NOTICE FOR DEMOLITION MOP 68834 BLUE TAPE - CS SIGNS CONSULTING SVCS - OCT & NOV 2008 CREDIT BACKGROUND CHECK FOR S8 CONSULTING SVCS - NOV 2008 CD DRAWERS WITH LOCK REFERENCE BOOKS LIBRARY AUTOMATION REIMBURSE CITY EMPLOYEE SANDRA OUT OF STATE USE TAX MOP#45704 - OFFICE SUPPLIES CHILDREN'S ROOM PERFORMER MOP # 45725 - HI YLD BLACK INK DVD'S/VIDEOS/PROCESSING SUPPLIES PODCASTING/ VIDEOCASTING REFERENCE BOOKS 2/3 CHK NO DATE AMOUNT 223970 11/18/08 951.60 223971 11/18/08 260.40 223972 11/18/08 6,600.24 223973 11/18/08 2,000.00 223974 11/18/08 63.08 223975 11/18/08 121.00 223976 11/18/08 5,379.05 223977 11/18/08 550.00 223978 11/18/08 33,307.25 223979 11/18/08 1,873.70 223980 11/18/08 99.00 223981 11/18/08 250.13 223982 11/18/08 1,749.47 223983 11/18/08 489.38 223984 11/18/08 262.50 223985 11/18/08 21.00 223986 11/18/08 336.55 223987 11/18/08 3,677.10 223988 11/18/08 10.E 223989 11/18/08 83.80 223990 11/18/08 1,920.00 223991 11/18/08 1,231.09 223992 11/18/08 177.08 223993 11/18/08 195.00 223994 11/18/08 26.68 223995 11/18/08 84,367.26 223996 11/18/08 588.10 223997 11/18/08 136.18 223998 11/18/08 199.57 223999 11/18/08 63.08 2.' 224000 11/18/08 1,599.00 224001 11/18/08 473.60 224002 11/18/08 41.57 224003 11/18/08 430.20 224004 11/18/08 12,000.00 224005 11/18/08 77.75 224006 11/18/08 7,500.00 224007 11/18/08 223.52 224008 11/18/08 1,308.81 224009 11/18/08 7,065.91 224010 11/18/08 64.71 224011 11/18/08 20.00 224012 11/18/08 69.3r 224013 11/18/08 50. (,,yed 224014 11/18/08 42.36 224015 11/18/08 2,308.23 224016 11/18/08 75.00 224017 11/18/08 559.89 3/3 \ - INCORPORATE WARRANT REGISTER # 21 11/18/2008 PAYEE DESCRIPTION CHK NO DATE AMOUNT THE H.W. WILSON CO. REFERENCE BOOKS 224018 11/18/08 195.57 THOMSON GALE REFERENCE BOOKS 224019 11/18/08 111.21 U.S. POSTMASTER POSTAGE FOR OVERDUE NOTICES 224020 11/18/08 378.00 WESTERN ENVIRONMENTAL SERVICES MOLD SURFACE SAMPLE ANALYSIS 224021 11/18/08 200.00 WILLY'S ELECTRONIC SUPPLY MOP # 45763 - PARALLEL ADAPTOR 224022 11/18/08 13.16 ALL ABOUT BOOKS CO. BOOK ORDER 224023 11/18/08 1,948.50 AMAZON.COM CIRCULATION MATERIALS AND OFFICE 224024 11/18/08 49.99 AT & T MOBILITY WINGS CELL PHONE 224025 11/18/08 197.09 BRADFORD EXPERT SVC (LITERACY SERVICES YR-6) 224026 11/18/08 250.00 CITY OF NATIONAL CITY OUT OF STATE SALES TAX FOR INVOICE 224027 11/18/08 174.86 COOPER TRAVEL (AMERICORPS,LSTA YR6) 224028 11/18/08 383.76 CORDOVA TRAVEL (AMERICORPS LSTA YR6) 224029 11/18/08 10.17 CORPORATE EXPRESS MATERIALS/SUPPLIES FOR (CNCSYR6) 224030 11/18/08 129.85 DEANDA TRAVEL (AMERICORPS LSTA YR-6) 224031 11/18/08 86.09 EMPIZO TRAVEL (AMERICORPS LSTAYR6) 224032 11/18/08 77.45 FEDEX MAILING 68 BOXES TO STATE LIBRARIES 224033 11/18/08 919.33 GILL TRAVEL (AMERICORPS LSTA YR6) 224034 11/18/08 101.44 '3OLDSBOROUGH TRAVEL (AMERICORPS LSTAYR6) 224035 11/18/08 47.87 ISER SAVER INC INK CARTRIDGES 224036 11/18/08 551.63 'N'''"CEAGUE OF WOMEN VOTERS EASY VOTERS GUIDES 224037 11/18/08 98,000.00 LITERACYWORKS LIVING ALLOWANCE FOR 59 AMERICOPRS 224038 11/18/08 35,349.50 MADISON-BELL TRAVEL (AMERICORPS LSTAYR6) 224039 11/18/08 24.29 MARSHALL TRAVEL (AMERICFORPS LSTA YR6) 224040 11/18/08 276.51 MCCULLOUGH TRAVEL (AMERICORPS LSTA YR6) 224041 11/18/08 156.21 MIDWEST TAPE CHILDREN'S VIDEOS FOR WOW MOBILE 224042 11/18/08 28.48 SCHWARZWAELDER TRAVEL (AMERICORPS LSTA YR6) 224043 11/18/08 125.07 SINAVSKY TRAVEL (AMERICORPS LSTA YR6) 224044 11/18/08 175.07 SPRINT VIDEO CONFERENCING 224045 11/18/08 29.00 STALIONS TRAVEL (AMERICORPS LSTA YR6) 224046 11/18/08 71.72 STRATEGIC RESOURCE COMPANY/ HEALTHCARE-AMERICORPS MEMBERS 224047 11/18/08 2,179.00 VOGEL TRAVEL (AMERICORPS LSTA,YR-6) 224048 11/18/08 117.95 WASHINGTON TRAVEL (AMERI CNCS,YR5/LSTAYR6) 224049 11/18/08 637.96 WIDMAR TRAVEL (AMERICORPS LSTA YR6) 224050 11/18/08 225.08 WILDER TRAVEL (AMERICORPS LSTA YR-6) 224051 11/18/08 68.48 WILLIAMS TRAVEL (AMERICORPS LSTAYR6) 224052 11/18/08 38.22 XEROX CORPORATION BASE CHARGES/OVERAGES 224053 11/18/08 557.24 PAYROLL Pay period Start Date End Date Check Date 23 10/21/2008 11/3/2008 11/12/2008 A/P Total 772,081.88 1,013,548.72 A/P Total 772,081.88 GRAND TOTAL $ 1,785,630.60 CALiF,ORN>A C INCORPORATED Warrant Register # 21 11 / 18/2008 001 GENERAL FUND 104 LIBRARY FUND 105 PARKS MAINTENANCE FUND 108 LIBRARY CAPITAL OUTLAY 109 GAS TAXES FUND 111 P.O.S.T. FUND 125 SEWER SERVICE FUND 136 TINY TOT CLASSES FUND 158 SWIMMING POOL REVOLVING FUND 166 NUTRITION 171 LIBRARY SCHOOL DISTRICT CNTRCT 172 TRASH RATE STABILIZATION FUND 173 NATIONAL SCHOOL DIST CONTRACT 174 SWEETWATER SCHOOL DIST CONTRAC 191 STOP PROJECT 211 SECURITY AND ALARM REGULATION FUND 212 PERSONNEL COMPENSATION FUND 230 ABANDONED VEHICLE ABATEMENT GRANT 246 WINGS GRANT 277 NC PUBLIC LIBRARY DONATIONS FUND 282 REIMBURSABLE GRANTS CITYWIDE 290 POLICE DEPT GRANTS 294 HUD HEALTHY HOMES GRANT 301 GRANT-C.D.B.G. 307 PROPOSITION A" FUND 320 LIBRARY GRANTS 502 SECTION 8 FUND 505 HOME FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 626 FACILITIES MAINT FUND 627 LIABILITY INS. FUND 628 GENERAL SERVICES FUND 629 INFORMATION SYSTEMS MAINTENANC 630 OFFICE EQUIPMENT DEPRECIATION 631 TELECOMMUNICATIONS REVOLVING 632 GENERAL ACCOUNTING SERVICES 643 MOTOR VEHICLE SVC FUND 999, 794.49 42,207.11 21, 739.73 1,052.63 3,549.37 421.40 19, 306.84 103.33 1,254.89 25,286.62 1,159.64 1,633.07 1,013.34 4,638.92 2,645.26 1,062.11 2,486.18 3,189.89 40, 217.74 314.71 121.33 2,024.01 18,090.31 31, 219.98 58,520.63 148,499.77 20,849.53 21.00 176, 892.10 3,156.17 32, 331.76 38,785.75 28,585.69 7,386.81 7,000.00 5,222.13 20,685.83 13,160.53 1,785,630.60 City of National City, California COUNCIL AGENDA STATEMENT =ETING DATE December 16, 2008 AGENDA ITEM NO. 17 / ITEM TITLE Warrant Register #22 for the period of 11/19/08 through 11/25/08 in the Amount of $1,700,408.27 PREPARED BY D. Gallegos -Finance DEPARTMENT EXPLANATION Finance Jeanette Ladrido 619-336-4331 Per Government Section Code 37208, attached are the warrants issued for the period of 11/19/08 through 11/25/08. The Finance Department has implemented a policy to provide explanation of all warrants Above $50,000.00 Vendor City of Chula Vista City of San Diego Dokken Engineering Global Presenter Check# 224069 224070 224082 224086 Amount 93,317.30 1,173,082.00 204,872.14 52,493.49 Explanation Oct 2008 Svcs Transportation Plaza Blvd Project Monitor Upgrade Environmental Review N/A Financial Statement Not applicable. Approved B(-4i y: Finance Director Account No. STAF F RECOMMENDATION Ratification of warrants in the amount of $1,700,408.27 BOARD / COMMISSION RECOMM EATION 1. Warr nt Register #22 ATTACHMENTS ( Listed Below ) Resolution No. A-200 Sift/ Payee UNGAB A1,I. FRESH AMERICAN LUNG ASSOC OF CA AT&T/MCI AT&T /MC1 BAI3AKI BANK OF AMERICA BEST BEST & KRIEGER LLP BEST BEST & KRIEGER LLP 3LACKIE'S TROPI IIES AND AWARDS CALIFORNIA BUILDING OFFICIALS WARRANT REGISTER # 22 11 /25/2008 Description REPLACEMENT CHECK FOR #36465 FOOD ERROR IN APR'08 REIMB PAYMENT PHONE XXX-9751 10/11-11/13/08 PHONE. XXX-1080 09/01-10/13/08 REIMBURSEMENT FOR WEBINAR CREDIT CARD EXP - LIBRARY CLAIM: 13ALLARDO PERSONNEL ISSUES MOP 67727 NAME BADGES - PD CA BLDG OFFICIALS MEMBERSHIP CALIFORNIA HIGI IWAY ADOPTION CO PARADISE CREEK LITTER REMOVAL. CEI3 CHICK'S ELECTRIC MOTOR, INC. CHOICEPOINI CITY OF CHULA VISTA CITY OF SAN I)IEGO COMMERCIAL. AQUATICS SERVICES CORPORATE EXPRESS COUNTY OF SAN DIEGO CPRS CI'S D-MAX ENGINEERING INC DAPPER TIRE COMPANY ')ELL MARKETING CORP CA SUBDIVISION MAP ACT 2008 SP-125 GREEN HECK MOTOR AUTO TRACK DATABASE - OCT 2008 OCTOI3ER 2008 SERVICES TRANSPORTATION AND TREATMENT INSPECTION OF POOL. MAIN DRAIN FOLDERS FOR OFFICE USE RENEWAL OF PUBLIC POOL. CPRS NEW MEMBERSHIP - CS PROMOTIONAL, ACTIVITIES OCTOBER 2008 SERVICES "TIRES PRECISION LAPTOP, INTEL CORE 1 of 4 chk no chk date Amount 224054 1 1 /20/08 1,055.50 224055 11/25/08 227.96 224056 11/25/08 10,300.00 224057 11/25/08 75.13 224058 11/25/08 75.90 224059 11/25/08 25.00 224060 11/25/08 111.60 224061 11/25/08 18,337.75 224062 11/25/08 3,160.50 224063 11/25/08 21.75 224064 11/25/08 215.00 224065 11/25/08 960.00 224066 11/25/08 105.65 224067 11/25/08 714.81 224068 11/25/08 200.00 224069 11/25/08 93,317.30 224070 11/25/08 1,173,082.00 224071 11/25/08 125.00 224072 11/25/08 93.25 224073 11/25/08 220.00 224074 11/25/08 160.00 224075 11/25/08 1,441.29 224076 11/25/08 11,932.45 224077 11/25/08 637.61 224078 11/25/08 2,584.50 1 2 of 4 Payee DEPARTMENT OF JUSTICE DEPT OF PESTICIDE REGULATION DISCOUNT SPECIALTY CHEMICALS DOKKEN ENGINEERING WARRANT REGISTER # 22 11/25/2008 Description NEW EMPLOYEE FINGERPRINT "LEST PESTICIDE: REGULATION RENIWAI. QUEST ANT/ROACII CHERRY SCENTED SEI'TEMBER 2008 SERVICES ENTERTAINMENT PUBLICATIONS INC ENTERTAINMENT- BOOKS - NOV 2008 FEDEX GALLS, INC. GLOBAL. PRESENTER HD SUPPLY HEWLETT-PACKARD HODGES HORIZON IIEALTH EAP FEDEX STANDARD OVERNIGI Lr - PI) GALLS 2 ('ELL LED TRAFFIC VIDEO/MONITOR UPGRADE NAVIEN CR-240A NG WITH TANK I IP LASERJET P2015D PRINTER MILEAGE REIMBURSEMENT EMPLOYEE ASST PROGRAM - NOV'08 INTERNATIONAL CODE COUNCIL INC ICC CODE BOOKS JIUDI) ELECTRIC LASER SAVER INC LEXIS-NEXIS LOPEZ MANPOWER OF SAN DIEGO MARK MISSION UNIFORM SERVICE MORE DIRECT NAZI, RECREATION & PARK ASSOC PACIFIC DISC PADRE JANITORIAL SUPPLIES, INC PRO -EDGE KNIFE EI.F.('TR1C DUPLEXES FOR MONITORS PRINTER MAINTENANCE ONLINE: CHARGES FOR OCT'08 TRANSLATION SERVICES ON 11/18/08 WEEK ENDING 11/16/08 REFUND OF C&D DEPOSIT - LINEN SUPPLIES TREND MICRO NEATSIJITE ANTIVIRUS NRI'A NEW MEMBERSHIP - CS DVD'S - STATE OF THE CITY ADDRESS JANITORIAL. SUPPLIES KNIFE SHARPENING NINO chk no chk date Amount 224079 11/25/08 548.00 224080 11/25/08 60.00 224081 11/25/08 366.16 224082 11/25/08 204,872.14 224083 11/25/08 128.00 224084 11/25/08 112.04 224085 11/25/08 253.87 224086 11/25/08 52,493.49 224087 11/25/08 2,783.75 224088 11/25/08 592.69 valif 224089 11/25/08 109.98 224090 11/25/08 873.52 224091 11/25/08 44.98 224092 11/25/08 4,218.00 224093 11/25/08 217.45 224094 11/25/08 378.40 224095 11/25/08 100.00 224096 11/25/08 2,022.40 224097 11/25/08 13.97 224098 11/25/08 56.67 224099 11/25/08 6,994.80 224100 11/25/08 135.00 224101 11/25/08 1,187.10 224102 11/25/08 811.26 224103 11/25/08 45.0C 2 Payee Nit i1VCORPORATED WARRANT REGISTER # 22 ' Description 11/25/2008 3 of 4 chk no chk date Amount PROGRESSIVE SOLUTIONS INC. CONVERSION OF ALL CONVERTIBLE RECORDS 224104 11/25/08 5,000.00 PRUDENTIAL OVERALL, SUPPLY MOP 45742 TOWELS - PI) 224105 11/25/08 130.66 REYNOSO EDUCATIONAL. REIMB - PI) 224106 11/25/08 1,200.00 ROTH STAFFING COMPANIES NEIGHBORHOOD TEMP EMP 10/12/08 224107 11/25/08 1,122.19 ROII1 STAFFING COMPANIES NFIG1IBORJ100D TEMP EMP 11/02/08 224108 11/25/08 1,008.70 SAN DIEGO MIRAMAR COLLEGE REGIONAL OFFICER TRAINING - PI) 224109 11/25/08 90.00 SAN DIEGO PET & LAI3 SUPPLY MOP 45753 K-9 UNIT - PI) 2241 10 11 /25/08 266.47 SAN DIEGO SPEEDO TACH, INC. VISION SPEEDO 85 MPI I, ORIGINAL. 2241 1 1 1 1/25/08 448.70 SMART & FINAL. MOP 45756 MOTOR DAY - PD 224112 11/25/08 234.66 Lr )UI H 13AY FOUNDRY (SHOR(' SPAN) BARE STEEL 224113 11/25/08 786.58 SOUIHLAND AUTO BODY BODY LABOR 224114 1 1/25/08 87.40 STRATACOM MOT' 63845 BUSINESS CARDS - l'/13 224115 11/25/08 135.94 SWEF (WATER AUTHORITY FACILITIES DIVISION 224117 11/25/08 23,680.78 SYSCO SAN DIEGO FOOD/CONSUMABLE 224118 1 1/25/08 1,918.92 TELLEZ REIMB FOR MILEAGE. - PD 224119 11/25/08 52.36 TOM MOYNAHAN MOP 45734 TOWING SVCS - P1) 224120 11/25/08 50.00 VISTA PAINT PAINT 224121 11/25/08 1,114.47 WOOD & WOOD CLAIM:FI.ORES V. JC PENNEY 224122 11/25/08 10,701.48 WOOL) & WOOD CLAIM: REPRESENTATION OF CNC 224123 11/25/08 5,006.10 ZIONS BANK 14T1I LEASE PAYMT 800 MHZ. EQUIP 224124 11/25/08 48,678.25 SAN DIEGO 'TROLLEY INC FLAGGING SERVICES 224125 11/25/08 95.99 Total $ 1,700,408.27 3 WARRANT REGISTER # 22 Description 11/25/2008 4 of 4 chk no chk date Amount Grand Total 1,700,408.27 4 f N ;PiCOR:ApOAAfrED Warrant Register # 22 11/25/2008 001 GENERAL FUND 88,411.49 105 PARKS MAINTENANCE FUND 60.00 108 LIBRARY CAPITAL OUTLAY 111.60 111 P.O.S.T. FUND 0.00 125 SEWER SERVICE FUND 1,186,794.21 166 NUTRITION 3,124.15 211 SECURITY AND ALARM REGULATION FUND 5,000.00 290 POLICE DEPT GRANTS 2,818.75 294 HUD HEALTHY HOMES GRANT 10,300.00 307 PROPOSITION A" FUND 85,198.83 312 STP LOCAUTRANSNET HIGHWAY 181,373.31 345 TRAFFIC CONGESTION RELIEF 13,317.50 511 TAX INCREMENT FUND 95.99 626 FACILITIES MAINT FUND 23,062.86 627 LIABILITY INS. FUND 34,045.33 628 GENERAL SERVICES FUND 1,862.06 629 INFORMATION SYSTEMS MAINTENANC 7,242.14 630 OFFICE EQUIPMENT DEPRECIATION 56,711.49 631 TELECOMMUNICATIONS REVOLVING 200.49 643 MOTOR VEHICLE SVC FUND 536.10 723 PROMO ITEMS FOR EMPLOYEE BENEFIT 128.00 731 CONSTRUCTION AND DEMOLITION DEBRIS 13.97 Total 1,700,408.27 City of National City, California COUNCIL AGENDA STATEMENT *41IPMEETING DATE December 16, 2008 AGENDA ITEM NO. 18 ITEM TITLE Public Hearing and Proposed Finding of No Significant Environmental Effect for a Proposed 9 Lot Subdivision Map, Including a Density Bonus and Development Incentives for Providing 1 Affordable Unit on a 0.71- Acre Site at 2121 Grove Street (Applicant: Arnold Schmidt) (Case File No. 2007-59 S, IS) PREPARED BY Angela Reeder,336-4310 DEPARTMENT Planning EXPLANATION The project site is a parcel zoned Single -Family Extendible (RS-3-PD) located on the east side of Grove St., north of 22nd St. It is currently improved with a single-family home. The applicant submitted a tentative subdivision map for nine (9) parcels, with the intent to move the existing home and construct eight new residences on individual lots. The site's General Plan/Zoning designation is intended for single-family homes and would allow for construction of six homes on the property. The applicant proposes to use the State Density Bonus allowance from Gov't Code Section 65915 to gain a 35% density bonus, thereby increasing the number of units from six to nine. As required by State law, one home would be reserved for a "Very Low income household," or one earning 50% of the area median income (AMI) for San Diego County. The applicant is also requesting several exceptions from City design requirements, including: side and front setbacks, height, lot size, width, and frontage, and to waive undergounding off -site utilities. Per State Density Bonus regulations, an applicant is allowed a certain number of development incentives or concessions based on the number of affordable units they propose. Staff reviewed the project with regard to consistency with City Plans and Guidelines, and with the State Affordable Housing Density Bonus Code. In addition, at the request of the Planning Commission, the City contracted with a financial consultant to provide additional economic analysis of the proposal. Through the analysis, staff found two of the applicant's requests for concessions did not meet the meaning of a concession and thus recommended they be denied. Consequently, as the applicant does not want to move forward in the absence of the requests for concessions, the project is not approvable. The Planning Commission held multiple public hearings between June 16 and November 3, 2008, considered staff recommendations and public comment, and recommended denial of the proposal. The background report describes the proposal in more detail. Environmental Review Financial Statement N/A STAFF RECOMMENDATION Staff concurs with the Planning Commission's recommendation that the proposed project and Tentative Subdivision Map be denied. N/A Proposed Negative Declaration (2008-59 IS) Approved By: Finance Director Account No. BOARD / COMMISSION RECOMMENDATION Planning Commission recommended denial of the Tentative Subdivision Map Vote: Ayes- Reynolds, Flores, Pruitt, Baca, Alvarado, Farias Abstain: DeLaPaz ATTACHMENTS ( Listed Below) Resolution No. 7 1. Background Report 3. Site Aerial 2. Planning Commission Reso. No. 45-2008 4. KMA Financial Analysis Including Findings of Denial 5. Project Comments Received 3. Location Map (public and agency) 6. Proposed Negative Declaration 7. Applicant's Financial Analysis 8. Applicant's Project Description & Plans (Exhibits A) A-200 (9/99) SiTE CIIARACTERISTiCS The proposed project site is an approximately 0.7 acre parcel at 2121 Grove Street that is zoned Single -Family Extendible (RS-3-PD). It is located on the cast side of Grove Street in National City, just north of 22nd Street and overlooking the 1-805 freeway. It includes frontage on both Grove and Prospect Streets (see attached Location Map). 'l'he lot is currently improved with a two-story, single-family home, some small accessory buildings (i.e. garage, tool shed), and driveway. The remainder of the lot includes sparse vegetation consisting of grass and some smaller shrubs and trees around the site perimeter. The neighborhood bordering the site to the north, east, and south includes a mix of single-family homes and various small apartment buildings. There are two single -story homes adjacent to the south, and a two-story home and two-story apartment building adjacent to the north of the site. The apartments to the north take access from Prospect Street and are situated toward the interior of the lot, with the rear of the building facing the subject property. The existing house on the project site sits roughly in the center of the lot at the highest elevation of 163 feet. The site slopes away from the house with a steep slope and retaining wall to the west along Grove Street, and Lesser slope towards Prospect Street to the east. Access is available from an existing driveway along Grove Street. The Prospect Street frontage is gated for pedestrian access, but does not include a driveway. PROPOSED USE The applicant submitted a tentative subdivision map for nine parcels with the intent to move the existing home and construct eight (8) new residences on individual parcels. The General Plan / Zoning designation for the site, RS-3-PD, is intended for single-family homes and allows for construction of six residences on the property. The applicant proposes to use the State of California Density Bonus allowance from Government Code Section 65915 to gain a 35% density bonus on the site, thereby increasing the number of units from six to nine (see below). As required by State law, one home would he reserved for a family identified as a "Very Low income household," or one defined as earning 50% of the area median income (AMI) for San Diego County. Current RS-3 Zoning: 30,875sf lot / 5,000sf min. lot size — 6.18 or 6 lots. State Density I3onus: 6 lots x 35% = 2.1 unit bonus 6 (current) + 2.1 (bonus) 8.1, which is rouhded up to 9 lots. Grove Street Homes (5) Five of the units are proposed to front on Grove Street. The applicant has modified these lots from the original proposal and is now providing a 4' separation between each of the units. The lots now range from 24.3' to 28' wide, each with an individual driveway. In addition, each home would have a private stairway to a side entrance, removing the previously identified maintenance concerns created by stairways located over property lines. The homes would be two -stories in height with a two -car garage/basement below and balconies on both the front and rear of the units. By providing separation between the buildings, it now allows for windows on each side of the units. 1 2007-59 S. Grope Street Project -- Page 1 of 10 The exterior design of the homes has also been modified to a more Spanish/Mediterranean design, with larger front patios and wall -plane variation along the sides of the units. The homes are proposed with zero lot line on one side, and a 4' setback on the • other. resulting in a 4' separation between each of the units. While no functional front yard is proposed, the homes have been shifted forward on the lots by I0 feet, providing each of the homes with a larger private, fenced rear yard, now ranging from 765 to 882 square feet in size. Prospect Street Homes (4) The remaining four lots are proposed to share access through a common driveway from Prospect Street. "These homes would all face the interior driveway and each home would have a private, fenced yard of varying sizes. The existing home would be relocated to Lot 9, which fronts Prospect Street. This lot includes a driveway from Prospect, as well as a third parking space accessed via the shared driveway on the site. The home would be improved with an attached 2- car garage, 2 additional bedrooms, laundry facilities and another bathroom. The remodel would result in the addition of approximately 315 square feet of living space. In addition, all systems throughout the home are proposed to he upgraded (electrical, plumbing, etc.) and the exterior would be improved comparable to the new homes proposed on -site. This home would serve as the designated affordable unit for the project. The other three homes are all 3-story structures, with two -car garages and floor plans including 4 to 5 bedrooms. While various exterior color schemes are proposed, the primary construction materials include a cement plaster finish, stone and wood accents, and clay roof tiles, with decorative wrought iron, awning, and shutter accents. A table identifying the various floor plans and information about each lot is provided below: Lot Size (square ft) IIome Size (square ft) Bedrooms/ Bathrooms Ileight (approx) Parking Open Space (square ft) Design Guideline Exceptions Lot 1 2,953 sf 2,234 sf 4 / 31 2-story with basement/ 23' 2 garage 882 sf rear yard Front Yard Side Yards Lots 2-5 2,563 sf 2,234 sf 4 / 3! z 2-story with basement/ 23' 2 garage 765 sf rear yard Front Yard Side Yards Lots 6-7 3,240 sf 2,205 sf 4 / 3'/ 3-story / 32' 2 garage 1,102 sf rear yard i-[eight Lot 8 5,002 sf 2,205 sf 4-5 / 31/2 3-story / 32' 2 garage 1 surface 2,448 sf two side yards height Lot 9 6,112 sf 2,212 sf 5 / 2Yz 2-story / 20' 2 garage i; b 1 surface 1,330 sf rear yard None 4400 2 2007-59 S. Grove Street Project -- Page 2 of 10 Concessions/Waivers As a result of the added density being pursued on the site, the applicant is requesting several exceptions from City design requirements. Pursuant to Gov. Code 65915, their requested concessions and waivers are described in the table below: Concessions & Waivers pursuant to Gov. Code 65915 Development Standard Code Requirement Proposed Concession # 1 for Lots 6-8 Concession #2 for Project Concession #3 for Lots 1-5 Building height Side Yard Setback Front Yard Setback 2 stories and 35' • 5' minimum 20' minimum 3 homes proposed as 3-story, 32' in height 5 homes with less (0'and 4' setbacks) 5 homes with less (10' setbacks) Development Standard Waiver request: Lots 1 R Development Standard Waiver request: Lots 1-7 Development Standard Waiver request: Lots 1-7(2,563sf Lot Frontage Lot Width Lot Size 50' on a public street 50' minimum 5,000sf minimum 8 lots with less (0' 28') 7 lots with Tess (24' — 45') 7 lots with less - 3,240s1) ANALYSIS Staff reviewed the proposed project with regard to consistency with the City's General Plan, Land Use Code, and Design Guidelines, as well as consistency with the State Government Code for Affordable Housing Density Bonus projects (65915). In addition, at the request of the Planning Commission, the City contracted with a financial consultant for approximately $1 1,000 to provide additional analysis of the proposal. General Plan/Housing Element "The proposed subdivision to develop nine new single-family homes (8 new, 1 existing) is consistent with several General Plan (-lousing Element goals, including the creation of housing opportunities for all income Levels (Policy 3.2), the facilitation of urban infill development to promote higher rates of homeownership (Policy 4.8), and the production of new housing affordable to all income ranges (Policy 4.3). In addition, as stated in the Housing Element, National City had a remaining need for 117 housing units, including 9 "very low" income units, in order to meet our assigned Regional Housing Needs Assessment (RI-INA). While this project would provide one affordable unit, the Housing Element identifies resources in the City to ensure this need is met, which do not include the project site. 3 2007-59 S, Grove Street Project -- Page 3 of 10 Also, since the plan's adoption in 2007, 52 new Very Low income rental units were made available in Plaza City Apartments in 2008, far exceeding the RHNA need. The General Plan also requires protection of established single-family neighborhoods from inappropriate higher density residential which might affect the stability of the neighborhood (IV. Policy U). The proposed project is proposed at a higher density than the remainder of the block, due to the density bonus request. In addition, several concerned residents oppose the project due to the higher density and proposed design as inconsistent with the neighborhood. The density of the proposed project (12.7 du/ac) is higher than allowed under our General Plan for the RS-3-PD zone (8.7 du'ac). However, as previously described, this additional density is permitted as a result of the State of Calitbrnia density bonus provisions (Section 65915). The proposal, with one of six permitted units restricted to a very low income household, is consistent with a 35% density bonus that would be applicable under those regulations. The National City Land Use Codc also includes a density bonus chapter (Chapter 18.142), which is currently being amended to be consistent with State requirements. To the extent the Land Use Code is more restrictive than State law. The [lousing Element also identifies the need for affordable housing in order for the City to meet its RHNA need. The Land Use Code & Design Guidelines Other than the requested exceptions described earlier in the report, the proposed project complies with all other Land Use Code requirements, including parking and open space. In addition, the proposed homes incorporate many architectural elements encouraged by City Design Guidelines. The homes from Prospect Street would have a varied exterior appearance, since there are two floor plans proposed for the four lots. In addition, the homes fronting Grove have been changed to include roof styles more compatible with adjacent existing homes, two alternating design styles, archways, and large front porches. Affordable llousing/Density I3onus Analysis The City hired financial/real estate development consultant Keyser Marston Associates, inc. (KMA), to prepare an economic analysis of the proposed project (attached). KMA reviewed three different development scenarios: a base case scenario meeting all Code requirements, including density (6-unit); the applicant's proposal with requested density bonus and concessions (9 units); and an alternative plan with a density bonus and no concessions (9 units). KMA's analysis found that the three scenarios were not financially feasible in the current market, either as rental or as for -sale units. The developer's analysis indicates their proposal is the most feasible, which the KMA analysis supported. However, calculations identify that the project is not feasible in absence of the higher density being requested. Also, the developer's calculations identified a rental return on investment (ROI) of 6.2%, which KMA states is only slightly higher than the minimum acceptable return fbr rental housing of 6.0%. The consultant's full report, with additional findings and supporting information, is attached. KMA also provided an analysis of the applicant's request for three concessions, which is further explained below. 4 2007-59 S. Grove Street Project -- Page 4 of 10 Requested Incentives/Concessions Per State of Calitornia Density Bonus regulations, an applicant is allowed a certain number of incentives or concessions based on the number of units they have proposed as affordable. A concession is defined as a modification of a development standard or other regulatory requirement for the purpose of reducing housing costs. The applicant has requested three concessions; however, staff has determined that only two are permitted as a result of the home proposed for a Very Low income household. Staff's explanation of how it arrived at two concessions is detailed below. The number of concessions which can be requested is dependent on the percentage of total units which are affordable and the level of affordability. In this project, the applicant is providing one unit, of the nine being built, for very low income households. The specific provision addressing the number of concessions states as follows: "The applicant shall receive the following number of incentives or concessions: (A) One incentive or concession for projects that include at least 10 percent of the total units for lower income households, at least 5 percent for very low income households, or at lest 10 percent for persons and families of moderate income in a common interest development. (13) Two incentives or concessions for projects that include at least 20 percent of the total units for lower income households, at least 10 percent for very low income households, or at lest 20 percent for persons and families of moderate income in a common interest development. (C) Three incentives or concessions for projects that include at least 30 percent of the total units for lower income households, at least 15 percent for very low income households, or at least 30 percent for persons and families of moderate income in a common interest development." Government Code section 659/5(d)(2). The applicant proposes to construct a total of nine units. Thus, one unit divided by nine units equals 1 1.1 % of the total units being for very low income households. Accordingly, the applicant is entitled to request two concessions. The applicant disagrees that the total number of units being built should be used, and instead argues that only six units should be used, because the bonus units should be excluded from the calculation. The applicant relies on language in other sections of the statute which exclude the bonus units from the definition of "total units." Significantly, Section 65915(d)(2) does not make any specific reference to excluding the bonus units, in comparison to Sections 65915(b)(1) and (g)(5) which do make such specific reference. If the legislature had intended to include this reduced definition of "total units" to Section 65915(d)(2), it could have specifically included such reference, as they did in the other two sections. The applicant also argued that because the phrase "incentives and concessions" is included in Section 65915(b)(1), the definition in that 5 2007-59 S, (trove Street Project -- Page 5 of 10 section would apply to Section 65915(d)(2). A plain reading of the entire paragraph does not support the applicant's interpretation. "A city, county, or city and county shall grant one density bonus, the amount of which shall be as specified in subdivision (g), and incentives and concessions, as described in subdivision (d), when an applicant for a housing development seeks and agrees to construct a housing development, excluding any units permitted by the density bonus awarded pursuant to this section, that will contain at least any one of the following:..." Government Code section 65915(b)(1). The modifying phrase "excluding any units permitted by the density bonus awarded pursuant to this section does not modify the phrase "incentives and concessions." Hence, the tenn "total units" as used in Section 65915(d)(2)(C) (to determine the number of concessions) would maintain its plain meaning of total units, which amounts to nine units in this instance. ( I ) "Three -Story Units: The first concession request by the applicant is to provide three 3-story homes on Lots 6-8 in order to take advantage of the impressive views to the west from the property. The Land Use Code allows homes in single-family zones to be built as 1 or 2-story buildings, up to a height of 35 feet. While the home on these lots will be less than 35', the request for a third story is not permitted under current zoning regulations. NIS The applicant has submitted letters from their architect and an appraiser stating view corridors •./` are attractive to tenants and potential owners. Their comments imply that additional marketability, rent, and sales prices could be achieved from a home with a view. However, financial analysis prepared by KMA has identified that there is no identified cost reduction achieved through the construction of a 3-story home, as opposed to a 2-story. Whether a particular request is a concession depends on whether it satisfies the definition of a concession. '1'he Government Code defines concessions as resulting in "identifiable, financially sufficient, and actual cost reductions." More specifically, Government Code section 65915(I) states as follows: For the purposes of this chapter, concession or incentive means any of the following: (i) (3) A reduction in site development standards or a modification of zoning code requirements or architectural design requirements that exceed the minimum building standards ... , including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable, financially sufficient, and actual cost reductions. (emphasis added) .. . Other regulatory incentives or concessions proposed by the developer or the city .. . that result in identifiable, financially sufficient, and actual cost reductions. (emphasis added) 6 2007-59 S, Grove Street Project -- Page 6 of 10 Unfortunately, as the financial analysis by KMA demonstrates there is no "identifiable, financially sufficient, and actual cost reduction." Thus, the request does not meet any of the meanings provided by the State Density Bonus Law. Accordingly, it is recommended that this not be considered a concession. "Therefore, it is recommended that the request for a third story be denied. (2) Side Yard Setbacks: As a result of the proposed subdivision design and narrow lots, a concession is being requested from the standard 5 foot side yard setback requirement for Lots 1- 5. The current proposal results in five, clearly separate homes on individual lots, as opposed to the previous reviewed units which appeared attached. The new proposal includes providing a 4 foot side setback on one side and a zero lot line setback on the other. This allows minimal separation between each of the five units along Grove Street. The permitted density on the lot could he achieved without this deviation from the City's design regulation standards, as noted in the applicant's project analysis and "alternative design." However, the applicant states that removing a home from Grove Street creates other unacceptable situations for the overall project. One home with a view would be lost by moving a unit to the interior of the lot, meaning an assumed loss in rent or sales. Once again, staff found there is no "identifiable, financially sufficient, and actual cost reduction" resulting from this request. "Thus, the request does not meet any of the meanings provided by the State Density Bonus Law, and it is recommended that this not he considered a concession. Therefore, it is recommended that the request for the reduction in side yard setbacks be denied. (3) Front Yard Setbacks: In response to public hearing comments regarding open space and livability of the 5 units on Grove Street, the applicant proposes to shift these homes forward on their Tots to create larger rear yards. The project now proposes a 10-foot front setback for Lots 1-5, where a 20 toot setback is required and was previously proposed: While staff determined the applicant is entitled to only two concessions, not three as requested, given that the other two requests are found not to meet the meaning of concession, the front yard setback request was reviewed. The applicant has stated that the reduced setback would reduce the amount of grading required on the site and therefore reduce cost. The site has an approximately 8-10' grade difference between Grove Street and the interior of the lot, which is accommodated in the proposed design with a basement garage and retaining walls. The applicant has not provided specific calculations for the cost savings as a result of the proposal, and therefore, it was not analyzed in the economic report, since the request was proposed in the end of this process. However, by reducing the front setback and moving the basements forward by 10 feet, it is reasonable to assume there would be less grading required and a cost saving would be realized. Thus, the request would meet the meanings provided by the State Density Bonus Law, and it is recommended that this concession for the reduction in front yard setbacks be approved. 7 2007-59 S, Grove Street Project -- Page 7 of 10 Requested Development Standard Waivers As a motivation to design affordable housing, the State's Density Bonus guidelines also allow for development standard waivers to make the housing units economically feasible. Development standard waivers arc permitted if application of a standard would preclude the use of a density bonus permitted under the statute, and if the applicant can show the waiver is necessary to make the housing units economically feasible. The applicant is requesting the following three waivers: (1) Lot Frontage: To create a subdivision with 9 lots, the applicant has requested to create several lots that arc substandard per our City Subdivision Ordinance requirements. One such requirement states that new lots should provide 50 feet of frontage on a public street. Currently, only one lot meets this requirement; however, the permitted 9-unit density could not be achieved on the 30,875 sf lot without this deviation from City's subdivision standards. In addition, exception requests for lot frontage arc frequently considered by the Commission pursuant to the Subdivision Ordinance to allow for the development of deep lots, resulting in flag -lots, or when proposed lots front on private streets. These exceptions are consistent with the lots proposed with access from Prospect Street (Lots 6-8). Conversely, Lots 1-5 have a reduced frontage due to the additional density being pursued on the site. Each of these lots has approximately 25' of frontage on Grove Street. Construction on lots with such a reduced lot frontage results in construction that feels bulky and has the appearance of multi -family units. An alternate scenario was analyzed which included 31' wide lots along Grove Street. While that scenario would he more compatible with the surrounding neighborhood and lot frontage requirements, it would still result in 8 lots that do not meet frontage requirements. (2) Lot Width: Similar to lot frontage, the Subdivision Ordinance requires a minimum lot width of 50 feet. Seven lots do not meet this requirement as proposed. Again, this is often proposed for projects with deep lots and the creation of nine 50' wide lots could not be achieved at the requested density. (3) Lot Size: Lastly, a waiver for reduced lot sizes on Lots 1-7 is being requested, as the 30,875 sf lot cannot be divided into nine 5,000 sf lots. Strict application of the City's lot size requirement would prohibit use of the density bonus permitted under the applicant's proposal, unless pursued as a condominium ownership project. However, condominium ownership would be a deviation from the applicant's project proposal. In addition, reduced lot size may be considered by the Commission pursuant to the Subdivision Ordinance in the case of exceptions from the 5,000 square foot standard. Utility Underground Waiver There is one utility pole along Prospect Street adjacent to the subject property frontage. Section 17.070.032 of the Subdivision Ordinance requires the applicant to relocate utilities underground within and adjacent to the site. Additional utility poles are located along the western side of Grove Street, opposite the project site. These would not be required to be placed underground since they are located beyond the center line of Grove Street. 8 2007-59 S, Grove Street Project -- Page 8 of 10 The applicant requests an underground waiver based on the analysis and cost estimate provided by Delta Consultants Inc. The applicant proposes to underground utilities serving the project from Grove Street to the property and to underground utilities within the project site, but to retain a pole fronting the project on Prospect Street. The pole on Prospect Street serves homes to the north, south, and cast across the street. The applicant had a consultant identify three ways to serve these units, but in each case undergrounding the pole required installation of at least one additional pole along the street. in addition to increasing poles along the street, the applicant states that the cost could be prohibitive to the budget of the affordable project, requiring $60,000 at a minimum. Since there are utility poles located along the length of Prospect Street in addition to the project area, undergrounding one pole would not have a substantial impact on the community and based on the financial analysis, additional costs to the project may result in an unfeasible project that is close to unfeasible already, thereby not achieving the city's goals to provide affordable housing. Environmental Review This project is subject to the California Environmental Quality Act (CEQA) for the protection of environmental resources. All required areas of review were considered, including traffic, aesthetics, land use planning, and noise. Based on the review of the project and determination of no potential significant impacts, a Negative Declaration was prepared for the project (see Attachment 5). A 20-day public review period for this document ended on June 16, 2008. The City received no comment letters during this review period. After the public hearing on June 16th some modifications were made to the project proposal. As a result, the Negative Declaration was revised to reflect the new proposal and the item was noticed for another 20-day public review period. The review period ended on August 14, 2008 and again no comment letters were received. Comments from other Department & Agencies Comments from other departments included standard conditions, as well as the requirement from Engineering to underground utilities. Also, due to the adjacent 1-805, a noise study would be required prior to the issuance of building permits to ensure that units were constructed to mitigate elevated ambient noise levels to acceptable standards in the units. SUMMARY Staff has determined that the applicant's request for 1) a density bonus of 9 units on the proposed parcel, 2) the requested concession for front yard setbacks along Grove Street, 3) and the requested lot size, width, and frontage waivers, are all consistent with the State Density Bonus Law. However, as previously stated, the requests for building height and side yard setbacks concessions do not meet the meanings provided by the State Density Bonus Law, and are recommended for denial. 9 2007-59 S, Grove Street Project -- Page 9 of 10 PUBLIC HEARING IIISTORY This item was originally heard by Planning Commission on June 16, 2008. At the hearing, several community members voiced concerns related to the potential impacts of the proposed project on the surrounding neighborhood, due to design, density, traffic, and other reasons. The Commission voted to continue the public hearing to August 4, 2008 in order to allow the applicant time to prepare revised plans, provide supporting documentation for an underground waiver request, and discuss the proposed development with surrounding neighbors. After the June hearing, the applicant provided additional information and proposed several modifications to their proposal. As a result, the item was re -noticed for the August 18th agenda to allow additional public comment as required under CEQA. At that hearing, Planning Commission expressed a desire for additional information and financial analysis, and the item was again continued to this October 6th agenda. Additional changes to requested concessions and waivers were made prior to that hearing and an October 20th hearing which prompted staff to request additional time to review the new proposal and update the financial analysis to reflect those changes. The item was last heard on November 3rd, where the Commission heard additional comments from the applicant, public, and staff and voted to recommend denial of the proposal. 10 2007-59 S, Grove Street Project -- Page 10 of 10 RESOLUTION NO. 45-2008 A RESOL(JTiON OF "THE PLANNING COMMISSION OF THE ('1"1'Y OF NATIONAL CITY, CALIFORNIA, RECOMMENDiNG DENIAL, OF A TENTATIVE SUBDIVISION MAP FOR A PROPOSE[) 9 LOT SUBDIVISION, INCLUDING A DENSITY BONUS AND DEVELOPMENT INCENTIVES FOR PROVIDING ONE: AFFORDABLE UNIT ON A 0.71-ACRE SITE AT 2121 (.;ROVE STREET. APPLICANT: ARNOLD SCHMIDT. CASE FILE NO. 2007-59 S, IS WIIEREAS, application was made for approval of a Tentative Suhdivision Map for 9 homes with a density bonus and development incentives for less than required side setbacks, front setbacks and for increased building height, and development waivers for lot size, width, and frontage on an approximately 0.7 acre site at 2121 Grove St. (APN 561-380-24) on property generally described as: Lot 15, 16, 17, 178 and 19 in Block 1 of Westview First Subdivisoin, in the city of National City, County of San Diego, State of California, according to Map thereof No. 1784, filed in the Office of the county Recorder of San Diego County, March 6, 1924. Also Lots 30 to 34 inclusive in Block 1 of westview First Suhdivision, in the City of National City, County of San Diego, State of California, according to Map thereof No. 1784, filed in the Office of the County Recorder of San Diego County, March 6, 1924, excepting therefrom the easterly 100 feet of Lots 30 and 31 and the southerly 12 feet of the easterly 100 feet of Lot 32 in said Block I. WHEREAS, the Planning Commission of the City of National City, California, considered said application at a duly advertised public hearing held on June 16, at which time the Planning Commission considered oral and documentary evidence, and the Commission continued the item to allow for the applicant's clarification of the request and consideration of coimnunity comments; and, WHEREAS, the Planning Commission of the City of National City, California, considered said application at a duly advertised public hearing held on August 18, having continued the item from August 4th due to project revisions received in late July that necessitated additional public review under ('EQA, and at which time the Planning Commission considered oral and documentary evidence, and directed to staff to conduct financial analysis of the proposal, and continued the item; and, WHHEREAS, the Planning Commission of the City of National City, California, considered said application at public hearings held on October 6 and October 20, where the item was continued each time as a result of the applicant's Last minute project revisions to their requested concessions and waivers, which did not allow adequate time for staff review and/or a 11 revision the project's financial analysis, and at which time the Planning Commission considered oral and documentary evidence; and, WHEREAS, the Planning Commission of the City of National City, California, considered said application at a public hearing held on November 3, at which time the Planning Commission considered oral and documentary evidence; and, WHEREAS, at said public hearings the Planning Commission considered the state report provided for Case File No. 2007-59 S, IS, which is maintained by the City and incorporated herein by reference; along with evidence and testimony at said hearing; and, WIIFREAS, the RS-3-Pl) zoning designation of the project property would allow up to a maximum of six units on the site and the applicant proposes to use the City's Affordable Housing Ordinance and the State of California Density Bonus allowance from Government Code Section 65915 to gain a 35% density bonus, thereby increasing the number of units from six to nine; and, WHEREAS, the applicant did not submit a new tentative map or revised floor plans to reflect their final project revisions and staff moved forward with a conceptual site plan and configuration; and, WHEREAS, pursuant to direction from the Planning Conunission, the City retained Keyser Marston Associates (KMA), a professional, real estate development consultant to conduct an independent financial analysis and review the feasibility of the proposed project and their requested concessions; and, WHEREAS, the demonstrated return on investment for a six -unit project, allowable on the site without the density bonus, is between 4.0 -- 4.8%, and a nine -unit project results in a greater rate of return even when all design regulations are followed, and the economic analysis performed by KMA demonstrates that development of the site is not feasible in the absence of the higher density being requested because a rate of return between 4.0-4.8% is not considered a sound rate of return in the housing industry based on KMA's professional experience; and, WHEREAS, the meaning of a "concession" is identified in Government Code section 65915(1) as a modification of a development standard or other regulatory requirement that results in identifiable, financially sufficient, and actual cost reductions; and, WHEREAS, the applicant proposes to construct a total of nine units with one unit reserved for very low income households, equaling 11.1 of the total project being for very low income households, which entitles the applicant to request two concessions under Government Code section 65915(d)(2); and, WHEREAS, the applicant demands the project be considered as last proposed, which includes three concession requests and multiple waiver requests; and, 12 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, THEREFORE, BE IT RESOLVED by the City Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at public hearings held on June 16, August 4 and 18, October 6 and 20, and November 3, 2008, support the following findings for a recommendation of denial: Pursuant to State Code 65915, a particular request is considered a concession if it satisfies the Government Code meaning of a concession as resulting in "identifiable, financially sufficient, and actual cost reductions." The financial analysis provided by Keyser Marston Associates, Inc_ dated October 28, 2008, demonstrates there is no "identifiable, financially sufficient, and actual cost reduction," as a result of the requested concessions. "thus, the request for reduced side yard setbacks and increased building height/stories does not meet the meanings provided by the State Density I3onus Law for a concession thus do not qualify as concessions and are not approvable as concessions. Accordingly, the applicant's request for side -yard setbacks and increased building stories are denied for failing to result in identifiable, financially sufficient, and actual cost reductions. 2. The applicant identified that they did not want to proceed in absence of the three requests for concessions, and as two of the requested deviations do not meet the definition of a concession and would not otherwise he permissible without a Variance and associated justification, which the applicant has not pursued, the project cannot be approved as proposal, and is therefore denied. 3. Does not contribute significantly to the economic feasibility of lower income housing, as a financial analysis prepared by KMA identified that the proposed scenario is not financially feasible in the current market for rental or for -sale housing, with or without the requested density bonus and concessions, and the increased density actually serves to subsidize an otherwise financially unfeasible site. 4. The proposed use is not deemed essential and desirable to the public convenience and welfare since the project would not serve to create additional home ownership opportunities but rather would serve to increase the abundance of rental units throughout the community. 5. The site would have an adverse effect on adjacent properties since the proposed nine unit residential development would create parking problems along Grove. Street as the reduced lot widths and increased number of driveways would reduce available parking in front of the property along Grove Street resulting in additional on -street parking, reducing available on -street parking for existing residences and their guests, and since the proposed development with reduced front yard setbacks would not provide adequate driveway depth to offer additional off-street parking for guests. 13 6. That the proposed development would be incompatible with the surrounding residential community since it is out of scale with the neighborhood, as surrounding structures are limited to two stories whereas the proposed development would be three stories; the units fronting Gove Street would be viewed as three -stories; and the interior units would result in overviewing into adjacent residences to the north and south. The density' could he achieved on the site in a manner that is less imposing, Tess urban or concentrated in appearance. 7. The proposed development configuration would be inconsistent with the General Plan which encourages development to he compatible with the sire and scale of the surrounding neighborhood, and the proposed development proposes three story single-family structures in the city where three story structures are not permitted for single-family development. 8. That the proposed development design is not consistent with the General Plan policy to protect established residential neighborhoods from development which is inconsistent with the character of the neighborhood and which might affect the stability of the neighborhood and quality of life, since it would introduce three story structures into a residential area where three story units are not permitted; it would establish units with minimal separation and street frontage that give the impression of a more urban, multi- lamily development into a community composed of primarily single-family homes and some older, small multi -unit buildings; and create minimal front yard landscaping and useable yard area for units fronting on Grove Street. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, the Planning Commission hereby recomrnends denial of said Tentative Subdivision Map for 9 homes with a density bonus and requested concessions and waivers on an approximately 0.7 acre site at 2121 Grove Street. BE IT FURTHER RESOLVED that copies of this Resolution he transmitted forthwith to the applicant and to the ('ity Council. CERTIHCA'FION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of I)ecernher 1, 2008 by the following vote: AYES: Alvarado, Farias, Baca, Pruitt, Reyno.Lds, Flores NAYS: ABSENT: AI3STAIN: DeLaPaz 0.41 RV CHAIRWOMAN( ../ 14 100 0 100 200 Feet PROJECT AREA LOCATION MAP 2007-59 S, IS Tentative Subdivision Map and Finding of No Significant Environmental Effect for a subdivision with nine (9) lots at 2121 Grove Street NATIONAL CI1TY PLANNING DRN. DATE: 5/27/08 PC HEARING: 10/6/08 Rul l\,All To: Rff't 1'It'l'ntf Nl A14l11(11MIIE 11l'IDIrJ'. FC ('N(mtli' 1)i Yt I OOl IINI •,`. ill t.t ()1I nlh '`t. I IUn4RII ( \1ARR\ KEYSER MARSTON ASSOCIATES. ADVISORS IN M!RLIC/PRIVATE. RI AI. ESTATE. D VFIoI'MtNE MEMORANDUM Angela Reeder, AICP, Associate Planner City of National City From: KEYSER MARSTON ASSOCIATES, INC. Date: October 28, 2008 Subject: 2121 Grove Street - Affordable Housing Density Bonus Analysis I. INTRODUCTION A. Objective In accordance with your request, Keyser Marston Associates, Inc. (KMA) has reviewed the request by Mr. Arnold Schmidt (Developer) to use the State of California Density Bonus allowance to gain a 35% density bonus at 2121 Grove Street (Site). In addition, the Developer is requesting to receive development concessions from the City of National City (City). The Developer's proposal features nine residential rental units consisting of five townhome units, three three-story single-family units, and the relocation and rehabilitation of an existing home on the Site. The City has requested that KMA review the Developer's proposal to determine whether the requested density bonus results in a feasible project and whether the requested development concessions result in cost reductions. B. Report Organization This memorandum report is organized as follows: • Section II presents the KMA key findings. • Section III presents an overview of the project. 1660 HOTEL CIRCA E NORTH. SIIIT1 71(> > SA Is: DIEGO. CALIFORNIA 92108 1 PHONE:619 7189500 > FAX:619 7189508 W W W.K[-YSE.RMARS ION.COM 17 08125ndh 16104 004.044 To: Angela Reeder, AICP, Associate Planner October 28, 2008 Subject: 2121 Grove Street - Affordable Housing Density Bonus Analysis Page 2 • Section IV reviews the financial feasibility of the three alternative development scenarios proposed on the Site. • Section V presents the KMA review of the development concessions requested by the Developer. • Section VI specifies the limiting conditions pertaining to the KMA analysis. • The detailed pro forma analyses are presented in the appendices. II. KEY FINDINGS KMA's key findings are as follows: • The Developer's cost estimates appear understated for all three scenarios. • All three development scenarios, assuming development of the Site as rental housing, are not financially feasible in the current market. • All three scenarios, when analyzed as for -sale residential units, experience negative returns indicating for -sale residential development on the Site is infeasible in the current market. • The concessions requested by the Developer are expected to increase project feasibility by creating a more marketable site plan configuration, thereby achieving value premiums. • Development costs associated with the requested concessions such as changes in building footprint, common walls, interior stairwells, roof surface area, etc.. are relatively minor and in aggregate would not likely result in measurable cost reductions for the Developer Proposal. • The requested concessions do not result in "identifiable, financially sufficient, and actual cost reductions" as required under State density bonus law. 18 08125ndh 16104 004.044 To: Angela Reeder, AICP, Associate Planner October 28, 2008 Subject: 2121 Grove Street - Affordable Housing Density Bonus Analysis Page 3 III. BACKGROUND A. Project Overview Site Description The Site is situated at 2121 Grove Street, in National City, north of 22nd Street adjacent to the Interstate 805 freeway. The Site consists of 0.7 acres with frontage on both Grove and Prospect Streets. The Site is surrounded by a mix of single-family homes and small apartment buildings and is improved with a single-family home, garage, and tool shed. The balance of the Site is vacant. Developer's Proposal The Developer is proposing to develop nine residential rental units on the Site consisting of five townhomes fronting Grove Street, three three-story single family homes accessible through a common driveway on Prospect Street, and the relocation and remodel of the existing home on the Site. Because the Site currently allows for the development of only six dwelling units, the Developer has requested that the City allow a 35% density bonus on the Site, in exchange for reserving the existing five bedroom home for a Very Low income household. In addition, the Developer is requesting development concessions to allow for the development of three three-story homes and a reduction in City's front yard and side yard setback requirements. State of California Density Bonus regulations require cities to grant such concessions if the concession results in "identifiable, financially sufficient, and actual cost reductions". City Alternative Plan The City has presented an alternative site plan to the Developer which would allow for only four townhome units on Grove Street, and adding an additional unit to the interior of the Site. The City Alternative assumes no development concessions would be granted as the need for a side yard setback concession would be eliminated and all units would be limited to two stories. 19 08125ndh 16104 004 044 To: Angela Reeder, AICP, Associate Planner October 28, 2008 Subject: 2121 Grove Street - Affordable Housing Density Bonus Analysis Page 4 KMA Analysis The City has asked KMA to analyze the financial feasibility and economic impact of the Developer's Proposed Plan and the City Alternative Plan, relative to a Base Case scenario assuming the development of only six units on the Site with no density bonus. The three distinct development scenarios requested for analysis by the City are summarized as follows: Scenario A Scenario B Scenario C Base Case No Density Bonus Developer Proposal with Density Bonus City Alternative with Density Bonus Affordable Units 0 units 1 units 1 units Market -Rate Units 6 units 8 units 8 units Total Units 6 units 9 units 9 units The KMA analysis of the Developer's Proposal reflects the site plan submitted to the City as of August 2008, which features the five townhomes along Grove Street in an attached/semi-attached format. It is KMA's understanding that the Developer has modified their original proposal and is now assuming a four -foot separation between each of the units. The KMA analysis does not reflect the Developer's modified site plan, as KMA was informed that the new townhome configuration did not result in a change in gross building area and no new financial information was submitted by the Developer for the modified proposal. B. KMA Approach KMA undertook the following work tasks in completing this assignment: • Reviewed documentation provided by the City and Developer to gain an understanding of the development proposal and the proposed concessions requested by the Developer. 20 08125ndh 16104 004 044 To: Angela Reeder, AICP, Associate Planner October 28, 2008 Subject: 2121 Grove Street - Affordable Housing Density Bonus Analysis Page 5 • Reviewed market conditions for rental and for -sale residential developments in southern San Diego County. • Participated in discussions with cost estimator Hunter Pacific Group regarding the proposed development program and construction costs assumed by the Developer. • Reviewed our in-house files for construction data on comparable projects. • Developed financial pro formas illustrating the financial feasibility and economic impact of the three development scenarios. IV. FINANCIAL FEASIBILITY OF ALTERNATIVE DEVELOPMENT SCENARIOS A. Overview of KMA Methodology KMA prepared financial pro formas for each of the three development scenarios described above. A summary of the KMA financial pro forma findings, and a ranking of the financial feasibility of each scenario, are presented in Summary Tables 1 through 3. KMA's detailed pro forma analyses are presented in Attachments A and B. Each pro forma contains the following components: (i) A project description (Table 1); (ii) Estimates of development costs (Table 2); (iii) Estimates of net operating income (Attachment A) or sales proceeds (Attachment B)(Table 3); and (iv) The resulting indicated return on investment (Attachment A) or developer profit (Attachment B) generated by each development scenario (Table 4). B. Rental Housing - Developer Financial Pro Formas The Developer provided the City with development costs and operating income and expense assumptions for each of the development scenarios, assuming development of the Site as rental housing. As a first step, KMA reviewed these figures and calculated the developer return without modification to the Developer's assumptions. On this basis, KMA ranked the financial feasibility of each scenario in terms of developer return as follows: 21 08125ndh 16104 004 044 To: Angela Reeder, AICP, Associate Planner October 28, 2008 Subject: 2121 Grove Street - Affordable Housing Density Bonus Analysis Page 6 Ranking of Financial Feasibility — Developer Financial Pro Formas Ranking Scenario Developer Return on Investment #1 Scenario B Developer Proposal w/ Density Bonus 6.2% #2 Scenario C City Alternative w/ Density Bonus 5.5% #3 Scenario A Base Case No Density Bonus 4.8% As shown above, the Developer's financial pro formas show Scenario B as ranking the highest in terms of financial feasibility, with an estimated return on investment (ROI) of 6.2%, followed by Scenario C and Scenario A, respectively. In KMA's experience, the minimum acceptable return for rental housing developments is approximately 6.0%. As such, Scenario B was found to be the only scenario to meet this feasibility threshold. C. Rental Housing - KMA Financial Pro Formas KMA prepared a KMA alternative pro forma for each of the development scenarios. The KMA alternative pro formas are presented in a side -by -side comparison format with the Developer's figures in Attachment A. Within each of the tables, KMA's specific changes to the Developer's figures are shown in bold and italics. Key differences between the Developer and KMA pro formas include the following: • Development costs - KMA modified selected development cost line items such as shell construction costs and indirect and financing costs based on our experience with comparable developments in Southern California and discussions with cost estimator Hunter Pacific Group. As shown in the pro formas, KMA believes that the Developer's costs estimates are understated for all three scenarios. • Market rents — KMA also reviewed third -party market data and formulated independent estimates of achievable market rent by unit type and development scenario. The KMA estimates vary only slightly from the Developer's figures. 22 08125ndh 16104 004 044 To: Angela Reeder, AICP, Associate Planner October 28, 2008 Subject: 2121 Grove Street - Affordable Housing Density Bonus Analysis Page 7 Based on the above modifications KMA ranked the financial feasibility of each scenario in terms of developer return, as follows: Ranking of Financial Feasibility — KMA Financial Pro Formas Ranking Scenario Developer Return on Investment #1 Scenario B Developer Proposal w/ Density Bonus 4.7% #2 #3 Scenario C City Alternative w/ Density Bonus 4.5% Scenario A Base Case No Density Bonus 4.0% As shown above, KMA found the financial feasibility ranking of each scenario to be in the same sequence as the Developer pro forma analysis, with Scenario B experiencing the highest ROI, followed by Scenario C and Scenario A, respectively. However, the KMA estimates of developer returns fall well below an acceptable return level. In other words, KMA finds that all three development scenarios, including the Developer's proposal, are not financially feasible in the current market. D. For -Sale Housing - KMA Financial Pro Formas KMA also analyzed the three development alternative scenarios assuming that the residential units would be offered for sale. KMA found that all three scenarios experienced negative returns, indicating a for -sale residential development on the Site is infeasible in the current market. V. REVIEW OF REQUESTED CONCESSIONS A. Concessions Description As noted in the State of California Density Bonus regulations, a concession is defined as a reduction in development standards, zoning, architectural design requirements, or other incentives or concessions "that results in identifiable, financially sufficient, and actual cost reductions." If a request meets this definition, the City shall grant the concession unless specific findings are made in writing to warrant denial. 23 06125ndh 16104.004.044 To: Angela Reeder, AICP, Associate Planner October 28, 2008 Subject: 2121 Grove Street - Affordable Housing Density Bonus Analysis Page 8 The Developer has requested three development concessions, as follows: • Concession #1: Allow for three homes to be built with three stories • Concession #2: Allow the side yard setbacks of five homes to be less than five feet • Concession #3: Allow the front yard setbacks for five homes to be less than ten feet The City requested that KMA analyze the economic impact of Concession #1 and Concession #2. At the direction of the City, KMA did not analyze Concession #3, as California Density Bonus regulations would require at least 15% (or two units) of the development be reserved for Very Low Income households in order to receive three concessions. B. Rental Housing - Developer Financial Pro Formas To determine the economic impact associated with the density bonus and Concessions #1 and #2, KMA estimated the financing gap for each of the development scenarios. Financing gap was measured as the dollar amount required to achieve the level of developer return in the most feasible scenario. In the case of the Developer pro forma analysis, the Developer proposal yields an estimated 6.2% ROI. As presented in Summary Table 2, by assuming a constant ROI of 6.2%, KMA was able to identify the incremental economic impact as the development program evolves from the Scenario A (Base Case/no density bonus), to Scenario C (City Alternative), and lastly to Scenario B (Developer proposal). Based on the Developer's pro forma assumptions, KMA estimates the economic impact (i.e., value) of the density bonus and concessions, as follows: 24 08125ndh 16104 004 044 To: Angela Reeder, AICP, Associate Planner October 28, 2008 Subject: 2121 Grove Street - Affordable Housing Density Bonus Analysis Page 9 Scenario A Base Case Scenario C City Alternative Scenario B no Density Bonus with Density Bonus Developer Proposal with Density Bonus Concessions none none #1-Allow three- story units #2-Decrease side yard setback Total Financing Gap ($533,000) ($317,000) $0 Economic Impact Incremental Cumulative $216,000 $216,000 $317,000 $533,000 As shown above, based on the Developer's assumptions, the development of the Site assuming no density bonus is projected to yield a financing gap of negative $533,000. Scenario C allows the Developer to use the State density bonus without the two proposed concessions. Under this scenario, the financing gap is projected to decrease by $216,000. In Scenario B, the Developer is allowed both the density bonus and the two requested concessions. Under this scenario, the financing gap is eliminated as Scenario B enables the Developer to configure the single-family homes with larger Tots and third floors with ocean views. Both of these features generate rent premiums which enhance project feasibility. Based on the above, the density bonus is found to have a value of $216,000 and the concessions are estimated to have a value of $317,000, for a total cumulative economic impact of $533,000. C. Rental Housing - KMA Financial Pro Formas KMA performed a similar analysis based on the KMA financial pro formas. For this analysis, KMA assumed a constant ROI of 4.7% (i.e., the level of developer return achieved in the most feasible scenario). As shown below and in Summary Table 3, KMA's estimates of the economic impact (i.e., value) of the density bonus and development concessions are as follows: 25 08125ndh 16104 004 044 To: Angela Reeder, AICP, Associate Planner October 28, 2008 Subject: 2121 Grove Street - Affordable Housing Density Bonus Analysis Page 10 Scenario A Scenario C Scenario B Base Case City Alternative Developer Proposal no Density Bonus Concessions none with Density Bonus none with Density Bonus #1-Allow three- story units #2-Decrease side yard setback Total Financing Gap ($412,000) ($120,000) $0 Economic Impact Incremental $292,000 $120,000 Cumulative $292,000 $412,000 Based on the above, KMA estimates the density bonus to have an economic impact of $292,000 and the concessions a value of $120,000, for a total cumulative value of $412,000. D. KMA Conclusions on Requested Concessions As shown above, it is the KMA conclusion that the concessions requested by the Developer will increase the project feasibility over both the Base Case (Scenario A) and the City Alternative (Scenario C). The concessions enable the Developer to create a more marketable site plan configuration and achieve value premiums as a result. Discussions with cost estimator Hunter Pacific Group indicate that the concessions do not result in cost reductions. The requested concessions would allow: (1) three three-story single-family homes on larger Tots in the interior of the Site (rather than four two-story single-family homes); and (2) five attached/semi-attached townhomes along Grove Street (rather than four detached townhomes). While the costs for these components vary based on factors such as building footprint, common walls, interior stairwells, roof surface area, etc., it is the KMA and Hunter Pacific Group view that these variations are relatively minor and in aggregate would not likely result in measurable cost reductions for the Developer Proposal (Scenario B). 26 08125ndh 16104 004.044 To: Angela Reeder, AICP, Associate Planner October 28, 2008 Subject: 2121 Grove Street - Affordable Housing Density Bonus Analysis Page 11 Therefore, KMA concludes that the concessions do not result in "identifiable, financially sufficient, and actual cost reductions" as required under State density bonus law. VI. LIMITING CONDITIONS KMA cautions that any projection of market demand may be impacted by worsening conditions in the housing and financial markets. Recent macroeconomic events have precipitated a global credit crisis, Toss of consumer confidence, and expectations of national and international recession. The magnitude and concentration of these events is unprecedented, making it difficult to rely on historical performance to project demand for residential uses with any certainty in the near term (next five years). The analysis assumes that neither the local nor national economy will experience a major recession. If an unforeseen change occurs in the economy, the conclusions contained herein may no longer be valid. 3. The analysis contained in this document is based, in part, on data from secondary sources such as state and local government, planning agencies, real estate brokers, and other third parties. While KMA believes that these sources are reliable, we cannot guarantee their accuracy. 4. The development concepts will not vary significantly from that identified in this analysis. 5. Any estimates of development costs, capitalization rates, income and/or expense projections are based on the best available project -specific data as well as the experiences of similar projects. They are not intended to be projections of the future for the specific project. No warranty or representation is made that any of the estimates or projections will actually materialize. 6. The findings are based on economic rather than political considerations. Therefore, they should be construed neither as a representation nor opinion that government approvals for development can be secured. Market feasibility is not equivalent to financial feasibility; other factors apart from the level of demand for a land use are of crucial importance in determining feasibility. These factors include the cost of acquiring sites, relocation burdens, traffic impacts, remediation of toxics (if any), and mitigation measures required through the approval process. 27 08125ndh 16104 004.044 To: Angela Reeder, AICP, Associate Planner October 28, 2008 Subject: 2121 Grove Street - Affordable Housing Density Bonus Analysis Page 12 8. Development opportunities are assumed to be achievable during the specified time frame. A change in development schedule requires that the conclusions contained herein be reviewed for validity. 9. The analysis, opinions, recommendations and conclusions of this document are the KMA informed judgment based on market and economic conditions as of the date of this report. Due to the volatility of market conditions and complex dynamics influencing the economic conditions of the building and development industry, conclusions and recommended actions contained herein should not be relied upon as sole input for final business decisions regarding current and future development and planning. attachments 28 08125ndh 16104.004.044 c f SUMMARY TABLE 1 RANKING OF FINANCIAL FEASIBLITY - BY DEVELOPER RETURN 2121 GROVE STREET CITY OF NATIONAL CITY Ranking of Financial Feasiblity Development Scenario Number of Units Rental Return on Investment (1) For -Sale Developer Profit (% of Value) (2) Market -Rate Affordable Total Developer KMA KMA #1 Scenario B 8 1 9 6.2% 4.7% -15,8% Developer Proposal with Density Bonus #2 Scenario C City Alternative with Density Bonus 8 1 9 5.5% 4.5% -20.1% #3 Scenario A 6 0 6 4,8% 4.0% -22.5% Base Case no Density Bonus (1) Minimum acceptable return on investment (ROI) for rental housing developments estimated at approximately 6.0%. (2) Minimum acceptable profit for for -sale townhome developments, estimated to range between 10.0% - 12.0% of value. Prepared by: Keyser Marsston Associates, Inc. Filename i:\National City_Density Bonus_Rentall0/28/2008;Iag SUMMARY TABLE 2 ECONOMIC IMPACT OF WAIVERS AND INCENTIVES - RENTAL - PER DEVELOPER 2121 GROVE STREET CITY OF NATIONAL CITY Developer :``i Scenario A Base Case No Density Bonus Scenario C City Alternative with Density Bonus Scenario B Developer Proposal with Density Bonus I. Incentives/ Waivers ;norie none Allow Three -Stories Decrease Sideyard:.Setback .'- II:.` Estimate of FinanciarFeasibiliti A. Net Operating Income B. Development Costs C. Indicated Return on Investment D. Target Return on Investment E. Financing Gap relative to Developer Proposal $113,000 $2,360,000 4.8% 6.2% ($533,000) $163,000 $2,953,000 5.5% 6.2% ($317,000) $182, 000 $2,943.000 6.2% 6.2% $0 III .;Economic Impact relative to,Base'Casey,r •° 1 =;ray "u Incremental $0 $216,000 $317,000 Cumulative $0 $216,000 $533,000 Prepared by: Keyser Marston Associates, Inc. Filename i:\National City_Density Bonus_Renta1;10/28/2008;1ag l SUMMARY TABLE 3 ECONOMIC IMPACT OF WAIVERS AND INCENTIVES - RENTAL - PER KMA 2121 GROVE STREET CITY OF NATIONAL CITY k _.. .. `'. FT t * y `�I''f 4s{ 4ij•:. ....:, [�1�1' 7 ''Sa T, ?" .. '.1i! Scenario A City with Density Scenario C Scenario B Base Case No Density Bonus Alternative Bonus Developer Proposal with Density Bonus tt LLLE II y(•(�M, [`.hf • Ntrji}y� :t ,e+ .� iot4,F, 1:.`t� S 1R'0 'A r4 '. i. "t"a�. ��i� -nAk wN ,_. rf.;u , ..' P. �'� d'`+r�M'k'x�, ~• -.F1wEC�,31,1<.'1~ i'' 5.h. f+i' s+ .. �:., � �� - a: v .: C Ie{ '4Nfi{:rt �•: -:�. f no ®7;l Y+�. _. "t :>,2114.�y���/",�Tk�:� Q:+S • rresf +iXrlej.T,}. d,. �, (Rr ft�1�- � "ase�.t $E S"'etba�t $, S.. ,. w� F '.:•r.. i �sy t ,.,t r , - Ai, :4ay r l strmatetal* i tRR`ificraltKeas1 ' t� � k��,�, :'i, :r�"`Y• ..:rin, <v . -.7 �*� tix, �RtX'F�:.� t - - ? . "t ,i ? . 4 zy� . d >r4 '' �,..,�i,, ' ��5:, rr, • h s -�." z y �},i_.. s.1 �S :; , •' .�y.+ : wr r � a ,at•, I• t' ' j ''' 'r', _,u Ch +� } f' ^}S+�e+e;. A. Net Operating Income B. Development Costs C. Indicated Return on Investment D. Target Return on Investment E. Financing Gap relative to Developer Proposal $110,000 $2,759,000 $168.000 $3,705,000 $176.000 $3,756,000 4.0% 4.7% ($412,000) 4.5% 4.7% ($120,000) 4.7% 4.7% $0 • R'. iyAb . 4 tt Pq C�t4 AF k4 4 e yr r 4 ..'. Ha . � .. •, •01:§,,�. :relfigd.. Y.., �;• -� ,,; . w C6 t t�. •, ,.t of `'a _ . 4 � "• .t • Incremental $0 5292,000 $120,000 Cumulative $0 S292,000 $412,000 Prepared by: Keyser Marston Associates, Inc. Filename i:\National City_Density Bonus_Rental;10/28/2008;Iag NS ATTACHMENT A PRO FORMA ANALYSIS RENTAL 2121 Grove Street City of National City 32 SCENARIO A BASE CASE RENTAL 2121 Grove Street City of National City 33 SCENARIO A - RENTAL TABLE A-1 PROJECT DESCRIPTION (1) 2121 GROVE STREET CITY OF NATIONAL CITY I. Site Area 30,875 SF 0.71 Acres II. Gross Building Area Residential Area 12,387 SF 100% Common Area/Circulation 0 SF 0% Total Gross Building Area 12,387 SF 100% Floor Area Ratio (FAR) 0.40 III. Number of Units/Unit Mix Number of Units Unit Size Four Bedroom - Unit B 4 Units 2,144 SF Four Bedroom - Unit C 1 Units 2,281 SF Three Bedroom - Unit D 1 Units 1,530 SF Total 6 Units 0% 2,065 SF IV. Construction Type Type V V. Number of Strories 2 Stories VI. Parking Type of Parking Number of Spaces Parking Ratio Attached Garage 12 Spaces 2.0 Spaces/Unit (1) Project description information provided to KMA as of September 18, 2008. Prepared by: Keyser Marston Associates, Inc. Filename: is\National City_Density Bonus_Renta1;10/28/2008,Iag Number of Stories 2 Stories 2 Stories 2 Stories 34 SCENARIO A - ( rAL TABLE A-2 DEVELOPMENT COSTS 2121 GROVE STREET CITY OF NATIONAL CITY I. Direct Costs (2) Off -Site Improvements (3) On-Sites/Landscaping Demolition Parking Shell Construction - Residential FF&E/Amenities Contingency Total Direct Costs II. Indirect Costs (4) Architecture & Engineering Permits & Fees Legal & Accounting Taxes & Insurance Developer Fee Marketing/Lease-Up Contingency Total Indirect Costs III. Financing Costs Loan Fees Interest During Construction Operating Lease-Up/Reserves Total Financing Costs Developer (1 Totals Per Unit $0 $38,955 $0 $0 $1.102,061 $0 $44,082 $1,185.099 SO $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $6.492 $0 $0 $183.677 $0 $7.347 $197,516 $0 $0 $0 $0 $0 $0 $0 $0 $0 5.2 SO Comments $0 Per SF Site Area $1 Per SF Site Area $0 Per SF Site Area Included below $89 Per SF GBA 3.9% of Directs $96 Per SF GBA trt t fxMA 4 530Y'yi4:14,1 Totals Per Unit Comments SO SO $0 Per SF Site Area $93,000 $15,500 $3 Per SF Site Area $30,000 $5,000 Allowance $0 $0 Included below $1,053,000 $175,500 $85 Per SF GBA $0 $0 $59,000 $9,833 5.0% of Directs $1,235,000 $205,833 $100 Per SF GBA $49,000 $8,167 4.0% of Directs $90,000 $15,000 $7 Per SF GBA (5) $19,000 $3,167 1.5% of Directs $19,000 $3,167 1.5% of Directs $37,000 $6,167 3.0% of Directs $6,000 $1,000 Allowance $11,000 $1,833 5.0% of lndirects $231,000 $38,500 18.7% of Directs $33,000 $5,500 2.7% of Directs $70,000 $11,667 5.7% of Directs $15,000 $2,500 Allowance $118,000 $19,667 9.6% of Directs Difference $0 $54,045 $0 ($49,061) $0 $14.918 $49.901 $49,000 $90,000 $19,000 $19,000 $37,000 $6,000 $11,000 $231,000 $33,000 $70,000 $15,000 5118,000 IV. Total Development Costs w/o Land $1,185,099 $197,516 $96 Per SF GBA $1,584,000 $264,000 $128 Per SF GBA $398,901 V. Acquisition Costs $1.175,000 $195,833 $38 Per SF Site Area $1,175,000 $195,833 $38 Per SF Site Area VI. Total Development Costs w/Land Or Say (Rounded) $2,360,099 $393,350 $191 Per SF GBA $2,360,000 $2,759,000 $459,833 $223 Per SF GBA $2,759,000 $398,901 $399,000 (1) Reflects development costs data provided to KMA as of September 18, 2008. (2) Does not assume payment of prevailing wages. (3) Developer estimate, not verified by KMA or the City. Prepared by: Keyser Marston Associates, Inc. Filename: (:\National City_Density Bonus_Renta1,10/28/2008:1ag (4) Developer indicates all indirect costs are included in the building costs, at approximately 14.5% of building costs. (5) KMA estimate. requires verification by City. SCENARIO A - RENTAL TABLE A-3 NET OPERATING INCOME 2121 GROVE STREET CITY OF NATIONAL CITY Developer Average # of Total Unit Size Units $/Month $ISF Annual I. Gross Scheduled Income Four Bedroom - Unit B - on Grove Street @ Market 2.144 SF 2 $2,530 $1.18 $60,718 Four Bedroom - Unit B @ Market 2,144 SF 2 $2.273 $1.06 $54,543 Four Bedroom - Unit C @ Market 2,281 SF 1 $2,418 $1.06 $29,014 Three Bedroom - Unit D @ Market 1.530 SF 1 $1,576 $1.03 $18,911 Total - Residential 2.065 SF 6 $2.266 $1.10 $163,187 Laundry/Other Income Total Gross Scheduled Income (GSI) $0 /Unit/Month SO $163.187 II. Effective Gross Income (EGI) (Less) Vacancy 5.0% of GSI ($8,159) Total Effective Gross Income (EGI) $155,027 III. Operating Expenses (Less) Operating Expenses $2,450 /Unit/Year ($14,701) (Less) Property Taxes $4,130 /Unit/Year ($24,781) (Less) Replacement Reserves $444 /Unit/Year ($2,666) Total Expenses $7.025 /Unit/Year ($42.148) # of Total Units $/Month $ISF Annual 2 $2.530 $1.18 $60,718 2 $2,273 $1.06 $54,543 1 $2,418 $1.06 $29,014 1 $1,576 $1.03 $18.911 6 $2.266 $1.10 $163,187 $0 /Unit/Month $163,187 5.0% of GSI ($8,159) $155,027 $2,450 /Unit/Year ($14,701) $4,667 /Unit/Year ($28,000) (2) $350 /Unit/Year ($2,000) $7,450 /Unit/Year ($44,701) IV. Total Net Operating Income (NOI) or Say (Rounded) 4$112,879 �(1) $113,000 $110,326 $110,000 (1) Developers pro forma appears to erroneously exclude common area water utilities ($1,500) in their total estimate of net operating income (NOI). KMA has adjusted NOI to include this figure. (2) Based on an assumed property tax rate of 1.03% times total development costs. Prepared by: Keyser Marston Associates, Inc. Filename i \National City_Density Bonus_Rental:10/28/2008Iag l l l l TABLE A-4 INDICATED RETURN ON INVESTMENT 2121 GROVE STREET CITY OF NATIONAL CITY SCENARIO A - RENTAL I. Net Operating Income II. Total Development Costs Developer $112,879 $2, 360, 000 sKMA $110,000 $2,759,000 III. Indicated Return on Investment 4.8% 4.0% Developer: Estimate. of: Rate of Return Net Operating, Income (1) (Less) Annual; Debt Service (2 Project Cash Flow Return` on Equity: $112,879 - :'($1-155.055) ($2;176) (1) Adjusted by KMA to correct for error. See Table A-3. (2) Annual Debt Service - Developer Developer Total Develoment Costs $2.360.000 (Less) Invested Capital © 25% j$590,0001 Loan Amount $1,770,000 Interest Rate 5.1% (imputed by KMA) Term (Years) 30 Annual Debt Service $115,055 Prepared by: Keyser Marston Associates, Inc. Filename i:\National City_Density Bonus_Rental;10/28/2008;Iag SCENARIO B DEVELOPER PROPOSAL RENTAL 2121 Grove Street City of National City 38 SCENARIO B - RENTAL TABLE B-1 PROJECT DESCRIPTION (1) 2121 GROVE STREET CITY OF NATIONAL CITY I. Site Area 30,875 SF 0.71 Acres II. Gross Building Area Residential Area - Unit A/Townhome 18,961 SF 90% Resiential Area - Existing House 2,213 SF 10% Common Area/Circulation 0 SF 0% Total Gross Building Area 21,174 SF 100% Floor Area Ratio (FAR) 0.69 III. Number of Units/Unit Mix Number of Units Unit Size Number of Stories Four Bedroom - Unit A 3 Units 33% 2,297 SF 3 Stories Four Bedroom - Townhome 5 Units 56% 2,414 SF 2 Stories Five Bedroom - Existing House 1 Units 11% 2,213 SF 2 Stories Total 9 Units 100% 2,353 SF IV. Density V. Construction Type VI. Number of Strories VII. Parking Type of Parking Number of Spaces Parking Ratio 12.7 Units/Acre Type V 2 - 3 Stories Attached Garage 18 Spaces 2.0 Spaces/Unit (1) Project description based on site plan and project information provided to KMA as of September 18, 2008. Prepared by. Keyser Marston Associates, Inc. Filename i \National City_Density Bonus_Renta1.10/28/2008,1ag 39 SCENARIO B - RENTAL TABLE B-2 DEVELOPMENT COSTS 2121 GROVE STREET CITY OF NATIONAL CITY I. Direct Costs (2) Off -Site Improvements )3) On-Sites/Landscaping Demolition Parking Shell Construction - Unit A/Townhomes Shell Construction - Existing Home FF&E/Amenities Contingency Total Direct Costs II. Indirect Costs ;4) Architecture & Engineering Permits & Fees Legal & Accounting Taxes & Insurance Developer Fee Marketing/Lease-Up Contingency Total Indirect Costs III. Financing Costs Loan Fees Interest During Construction Operating Lease-Up/Reserves Total Financing Costs Developer (4), Totals Per Unit S0 $0 $53.793 55.977 S5.000 5556 S0 SO $1.511,513 $167.946 $136,824 $15,203 $0 SO S60,460 $6 718 51,767,589 $196,399 S0 So S0 S0 S0 $0 SO S0 $0 50 $0 S0 S0 50 S0 50 SO $0 S0 50 So Comments $0 Per SF Site Area S2 Per SF Site Area S0 Per SF Site Area Included below $80 Per SF GBA-Unit A/TwnHm S62 Per SF GBA-Existing Home Allowance 3.5% of Directs 583 Per SF GBA nw' ;On Totals Per Unit Comments $0 S0 SO Per SF Site Area $93,000 $10,333 $3 Per SF Site Area $5,000 5556 SO Per SF Site Area SO 50 Included below $1,706,000 $189,556 $90 Per SF GBA-Unit A/TwnHm $136.824 515.203 $62 Per SF GBA-Existing Horne S0 $0 Allowance ,597,000 $10,778 5.0% of Directs $2.037,824 $226,425 $96 Per SF GBA $82,000 S9,111 4.0% of Directs $148,000 $16,444 S7 Per SF GBA 5 $31,000 $3,444 1.5% of Directs $31,000 $3,444 1.5% of Directs $61,000 56,778 3.0% of Directs $9,000 $1,000 Allowance $18,000 $2.000 5.0% oflndirects $380,000 $42,222 18.6% of Directs 545,000 $5,000 2.2% of Directs $95,000 $10,556 4.7% of Directs S23,000 ;2,500 Allowance $163,000 $18.111 8.0% of Directs Difference SO $39,207 $0 S0 $194.487 $0 $0 $36,540 $270,234 S82,000 $148,000 $31,000 $31,000 S61,000 $9,000 318,000 $380,000 $45,000 $95,000 S23,000 $163,000 IV. Total Development Costs w/o Land $1,767,589 5196,399 $83 Per SF GBA 52,580,824 5286,758 5122 Per SF GBA 5813,234 V. Acquisition Costs $1,175,000 $130,556 S38 Per SF Site Area $1.175,000 $130,556 $38 Per SF Site Area VI. Total Development Costs wlLand Or Say (Rounded) 52,942,589 $326,954 5139 Per SF GBA 52,943,000 (1) Reflects development costs data provided to KMA as of September 18. 2008 (2) Does not assume payment of prevailing wages (3) Developer estimate. not verified by KMA or the City. Preoareo by Keyser Marston Associates. Inc. Filename \National C ty_Densdy Bonus Rental,1C/28/2008 lag 53,755,824 5417,314 5177 Per SF GBA 53,756,000 (4) Developer Indicates all indirect costs are included in the building costs. at approximately 14.5% of building costs. (5) KMA estimate. requires verification by City. 5813,234 5813,000 SCENARIO B - R( AL TABLE B-3 NET OPERATING INCOME AND INDICATED RETURN ON INVESTMENT 2121 GROVE STREET CITY OF NATIONAL CITY Developer Average # of Unit Size Units $/Month $/SF I. Gross Scheduled Income Four Bedroom - Unit A @ Market 2,297 SF 3 $2,366 $1.03 Four Bedroom - Townhome @ Market 2,414 SF 5 $2.559 $1.06 Five Bedroom - Existing House @ Very Low 2,213 SF 1 $1,000 $0.45 Total - Residential 2.353 SF 9 $2,321 $0.99 Laundry/Other Income Total Gross Scheduled Income (GSI) II. Effective Gross Income (EGI) (Less) Vacancy Total Effective Gross Income (EGI) III. Operating Expenses (Less) Operating Expenses (Less) Property Taxes (Less) Replacement Reserves Total Expenses SO /Unit/Month 5.0% of GSI $2.392 /Unit/Year $3,368 /Unit/Year $444 /Unit/Year $6,204 /Unit/Year Total Annual $85,173 $153,530 $12,000 $250,703 $250,703 ($12,535) $238,168 ($21,527) ($30,309) ($4,000) ($55,836) # of Total Units $/Month S/SF Annual 3 $2,366 $1.03 $85,173 5 $2,559 $1.06 $153,530 1 $1,062 $0.48 $13,000 9 $2,331 $0.99 $251,703 $0 /Unit/Month $251,703 5.0% of GSI ($12,535) $239,168 $2,392 /Unit/Year $4,333 /Unit/Year S350 /Unit/Year $7,059 /Unit/Year ($21,527) ($39,000) (1) ($3, 000) ($63, 527) IV. Total Net Operating Income (NOI) or Say (Rounded) $182,332 $182,000 $175,641 $176,000 (1) Based on an assumed property tax rate of 1.03% times total development costs. Prepared by: Keyser Marston Associates, Inc. Filename i:\National City_Density Bonus_Renta1;10/28/2008;Iag TABLE B-4 INDICATED RETURN ON INVESTMENT 2121 GROVE STREET CITY OF NATIONAL CITY I. Net Operating Income II. Total Development Costs SCENARIO B - RENTAL Developer $182.000 $2.943,000 IMa^.+;s�H51oh� $176.000 $3,756,000 III. Indicated Return on Investment 6.2% 4.7% ':Developer Estimate of Rate of'Retum (Less).2.Annual DebtServioe (.1 Project Cash Flow 82 000-!. 38, 549: Returrt:on-Equity (1) Annual Debt Service - Developer Total Develoment Costs $2,942,589 (Less) Invested Capital @ 25% ($735,647) Loan Amount $2.206,942 Interest Rate 5.1% (imputed by KMA) Term (Years) 30 Annual Debt Service $143,451 Prepared by: Keyser Marston Associates, Inc. Filename i:\National City_Density Bonus_Renta1;10/28/2008;Iag SCENARIO C CITY ALTERNATE ERNATE RENTAL 2121 Grove Street City of National City 43 SCENARIO C - RENTAL TABLE C-1 PROJECT DESCRIPTION (1) 2121 GROVE STREET CITY OF NATIONAL CITY I. Site Area 30,875 SF 0.71 Acres II. Gross Building Area Residential Area - Unit A/Townhome 18,844 SF 89% Resiential Area - Existing House 2,213 SF 11% Common Area/Circulation 0 SF 0% Total Gross Building Area 21,057 SF 100% Floor Area Ratio (FAR) 0.68 III. Number of Units/Unit Mix Number of Units Unit Size Number of Stories Four Bedroom - Unit A 4 Units 44% 2,297 SF 2 Stories Four Bedroom - Townhome 4 Units 44% 2,414 SF 2 Stories Five Bedroom - Existing House 1 Units 11 % 2,213 SF 2 Stories Total 9 Units 100% 2,340 SF IV. Density 12.7 Units/Acre V. Construction Type Type V VI. Number of Strories 2 - 3 Stories VII. Parking Type of Parking Number of Spaces Parking Ratio Attached Garage 18 Spaces 2.0 Spaces/Unit (1) Project description based on site plan and project information provided to KMA as of September 18, 2008. Prepared by: Keyser Marston Associates, Inc Filename. \National City_Density Bonus_Rental,10/28/2008,Iag 44 SCENARIO C TABLE C-2 DEVELOPMENT COSTS 2121 GROVE STREET CITY OF NATIONAL CITY I. Direct Costs (2' Off -Site Improvements (3; On-Sites/Landscaping Demolition Parking Shell Construction - Unit A/Town.homes Shell Construction - Existing Home FF&E/Amenities Contingency Total Direct Costs II. Indirect Costs (4) Architecture & Engineering Permits & Fees Legal & Accounting Taxes & Insurance Developer Fee Marketing/Lease-Up Contingency Total Indirect Costs III. Financing Costs Loan Fees Interest During Construction Operating Lease-Up/Reserves Total Financing Costs Developer (1) • Totals Per Unit Comments $0 S0 50 Per SF Site Area $53 793 $5.977 $2 Per SF Site Area $5 000 $556 $0 Per SF Site Area S0 $0 Included below $1,521,750 $169.083 581 Per SF GBA-Unit A/TwnHm $136,824 $15.203 562 Per SF GBA-Existing Home $0 $C Allowance S60,870 $6.763 3.5% of Directs $1,778.236 S197,582 $84 Per SF GBA S0 SO S0 $0 $0 50 50 $0 50 50 S0 $0 S0 10 SO 50 SO 50 50 $0 SO $0 . ii :9 Totals Per Unit S0 S0 $63,000 $7,000 S5,000 $556 $0 S0 $1,696,000 $188,444 $136.824 $15, 203 50 $0 $95,000 $10,556 51.995,824 5221,758 Comments S0 Per SF Site Area S3 Per SF Site Area $0 Per SF Site Area Included below $90 Per SF GBA-Unit A/TwnHm $62 Per SF GBA-Existing Home Allowance 5.0% of Directs $95 Per SF GBA $80,000 $8,889 4.0% $147,000 $16,333 $7 $30,000 $3, 333 1.5% $30,000 $3,333 1.5% $60,000 $6,667 3.0% $9,000 $1,000 $18, 000 $2, 000 $374.000 $41,556 of Directs Per SF GBA ;s) of Directs of Directs of Directs Allowance 5.0% of /ndirects 18.7% of Directs $44,000 $4,889 2.2% of Directs $93,000 $10,333 4.7% of Directs $23,000 $2,500 Allowance $160.000 $17,778 8.0°%o cf Directs Difference $0 $9,207 SO S0 $174,250 $0 $0 $34.130 $217.588 S80.000 5147,000 530.000 $30,000 $60,000 $9,000 $18,000 $374, 000 $44000 $93, 000 $23.00Q $160. 000 IV. Total Development Costs w/o Land $1,778,236 $197,582 $84 Per SF GBA $2,529,824 5281,092 $120 Per SF GBA $751,588 V. Acquisition Costs $1,175 000 $130.556 $38 Per SF Site Area $1.175,000 $130.556 S38 Per SF Site Area VI. Total Development Costs w/Land Or Say (Rounded) $2,953,236 6328,137 5140 Per SF GBA $2,953,000 $3,704,824 $411,647 $176 Per SF GBA $3,705,000 $751,588 5752,000 (1) Reflects development costs data provided to KMA as of September 18 2008. (2) Does not assume payment of prevailing wages. (3) Developer estimate, not verified by KMA or the City. P-epared by Keyser Marston Associates. nc F,lename ,.\Nationa: City_Density Bonus_Rentai.10/2820C8 iag (4) Developer indicates all indirect costs are included in the building costs, at approximately 14.5% of building costs. (5) KMA estimate. requ:res verification by City. SCENARIO C - RENTAL TABLE C-3 NET OPERATING INCOME AND INDICATED RETURN ON INVESTMEN1 2121 GROVE STREET CITY OF NATIONAL CITY Developer Average # of Unit Size Units $/Month $ISF I. Gross Scheduled Income Four Bedroom - Unit A @ Market 2.297 SF 4 $1,981 $0.86 Four Bedroom - Townhome @ Market 2,414 SF 4 $2,559 $1.06 Five Bedroom - Existing House @ Very Low 2.213 SF 1 $1,000 $0.45 Total - Residential 2,340 SF 9 $2,129 $0.91 Laundry/Other Income Total Gross Scheduled Income (GSI) II. Effective Gross Income (EGI) (Less) Vacancy Total Effective Gross Income (EGI) ID. Operating Expenses (Less) Operating Expenses (Less) Property Taxes (Less) Replacement Reserves Total Expenses $0 /Unit/Month 5.0% of GSI $2,304 /Unit/Year $3,363 /Unit/Year $444 /Unit/Year $6,112 /Unit/Year Total Annual $95,096 $122,824 $12,000 $229,920 $229,920 f $11,4961 $218,424 ($20,737) ($30,271) ($4,000) ($55,008) # of Total Units $/Month $/SF Annual 4 $2,182 $0.95 $105,000 4 $2,559 $1.06 $122,824 1 $1,062 $0.48 $13,000 9 $2,230 $0.95 $240,824 S0 /UniUMonth 4.8% of GSI $2,304 /Unit/Year $4,222 /Unit/Year $350 /Unit/Year $6,860 /Unit/Year $240,824 ($11,496) $229,328 ($20,737) ($38,000) (1 ) ($3,000) ($61,737) IV. Total Net Operating Income (NOI) or Say (Rounded) $163,416 $163,000 $167,591 $168,000 (1) Based on an assumed property tax rate of 1.03% times total development costs. Prepared by: Keyser Marston Associates, Inc. Filename is\National City_Density Bonus_Rental:10/28/2008;Iag c l SCENARIO C - RENTAL TABLE C-4 INDICATED RETURN ON INVESTMENT 2121 GROVE STREET CITY OF NATIONAL CITY I. Net Operating Income II. Total Development Costs Developer $163,416 $2,953,000 $168,000 $3,705,000 III. Indicated Return on Investment 5.5% 4.5% ;Developer Estimate of Rate. of`Return>' :,NOIr.:t (,Less) Annual Debt Service (;1 Project Cash Flow I43;"97.Q.) 19 446r ,`Return on Equity:;"i 2.63% (1) Annual Debt Service - Developer Total Develoment Costs $2.953.236 (Less) Invested Capital @ 25% ($738.3091 Loan Amount $2,214,927 Interest Rate 5.1% (imputed by KMA) Term (Years) 30 Annual Debt Service $143.970 Prepared by: Keyser Marston Associates, Inc. Filename i:\National City_Density Bonus_Rental:10/28/2008;Iag ATTACHMENT B PRO FORMA ANALYSIS FOR -SALE 2121 Grove Street City of National City 48 SCENARIO A BASE CASE FOR -SALE 2121 Grove Street City of National City 49 SCENARIO A - FOR -SALE TABLE A-1 PROJECT DESCRIPTION 2121 GROVE STREET CITY OF NATIONAL CITY I. Site Area 30,875 SF 0.71 Acres II. Gross Building Area Residential Area 12,387 SF 100% Common Area/Circulation 0 SF 0% Total Gross Building Area 12,387 SF 100% Floor Area Ratio (FAR) 0.40 III. Number of Units/Unit Mix Number of Units Unit Size Four Bedroom - Unit B 4 Units 2,144 SF Four Bedroom - Unit C 1 Units 2,281 SF Three Bedroom - Unit D 1 Units 1,530 SF Total 6 Units 0% 2,065 SF III. Construction Type Type V IV. Number of Strories 2 Stories V. Parking Type of Parking Number of Spaces Parking Ratio Attached Garage 12 Spaces 2.0 Spaces/Unit (1) Project description information provided to KMA as of September 18, 2008. Prepared by: Keyser Marston Associates, Inc. Filename: i.\National City__Density Bonus_For-Sate;10/28/2008;Iag Number of Stories 2 Stories 2 Stories 2 Stories 50 SCENARIO A - FOR -SALE TABLE A-2 DEVELOPMENT COSTS 2121 GROVE STREET CITY OF NATIONAL CITY I. Direct Costs (1) Off -Site Improvements (2) On-Sites/Landscaping Demolition Parking Shell Construction - Residential FF&E/Amenities 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 Total Financing Costs KMA Totals Per Unit $0 $93,000 $0 $0 $1,177, 000 $0 $64,000 $1,334,000 $80,000 $90,000 $20,000 $64,000 $67,000 $77, 000 $20,000 $418,000 $0 $15,500 $0 $0 $196,167 $0 $10,667 $222,333 $13,333 $15,000 $3,333 $10,667 $11,167 $12,833 $3,333 $69,667 Comments $0 Per SF Site Area $3 Per SF Site Area $0 Per SF Site Area Included below $95 Per SF GBA 5.0% of Directs $108 Per SF GBA 6.0% of Directs $7 Per SF GBA (3) 1.5% of Directs 2.5% of Value 5.0% of Directs 3.0% of Value 5.0% of Indirects 31.3% of Directs $37,000 $6,167 2.8% of Directs $96 000 $16,000 7.2% of Directs $133,000 $22,167 10.0% of Directs $1,885,000 $314,167 $152 Per SF GBA $1,175,000 $195,833 IV. Total Development Costs w/o Land V. Acquisition Costs $38 Per SF Site Area VI. Total Development Costs w/Land Or Say (Rounded) $3,060,000 $510,000 $247 Per SF GBA $3,060,000 (1) Does not assume payment of prevailing wages. (2) Developer estimate, not verified by KMA or the City. (3) KMA estimate, requires verification by City. Prepared by: Keyser Marston Associates, Inc. 51 Filename: is\National City_Density Bonus_For-Sale;10/28/2008:1ag SCENARIO A - FOR -SALE TABLE A-3 GROSS SALES PROCEEDS 2121 GROVE STREET CITY OF NATIONAL CITY KMA Average # of Price Price Total Unit Size Units Per SF Per Unit Sales I. Project Value Four Bedroom - Unit B - on Grove Street @ Market 2,144 SF 2 $205 $440,000 $880,000 Four Bedroom - Unit B @ Market 2:144 SF 2 $205 $440,000 $880,000 Four Bedroom - Unit C @ Market 2.281 SF 1 $200 $456,000 $456,000 Three Bedroom - Unit D @ Market 1.530 SF 1 $225 $344,000 $344,000 Total - Residential 2 065 SF 6 $207 $427,000 $2,560,000 1I. Gross Sales Proceeds $2,560,000 Prepared by: Keyser Marston Associates, Inc. Filename i \National City_Density Bonus_For-Sale;10/28/2008,lag 52 SCENARIO A - FOR -SALE TABLE A-4 ESTIMATED DEVELOPER PROFIT 2121 GROVE STREET CITY OF NATIONAL CITY I. Gross Sales Proceeds (Less) Cost of Sale @ Net Sales Proceeds I1. Total Development Costs 3.0% KMA $2,560,000 ($77,000) $2,483,000 ($3,060,000) III. Estimated Developer Profit % of Value ($577,000) -22.5% Prepared by: Keyser Marston Associates, Inc. Filename is\National City_Density Bonus_For-Sale;10/28/2008,1ag 53 ,410 SCENARIO B DEVELOPER PROPOSAL FOR -SALE 2121 Grove Street City of National City 54 SCENARIO B - FOR -SALE TABLE B-1 PROJECT DESCRIPTION 2121 GROVE STREET CITY OF NATIONAL CITY I. Site Area 30,875 SF 0.71 Acres II. Gross Building Area Residential Area - Unit A/Townhome 18,961 SF 90% Resiential Area - Existing House 2,213 SF 10% Common Area/Circulation 0 SF 0% Total Gross Building Area 21,174 SF 100% Floor Area Ratio (FAR) 0.69 III. Number of Units/Unit Mix Number of Units Unit Size Number of Stories Four Bedroom - Unit A 3 Units 33% 2,297 SF Four Bedroom - Townhome 5 Units 56% 2,414 SF Five Bedroom - Existing House 1 Units 11 % 2,213 SF Total 9 Units 100% 2,353 SF IV. Density V. Construction Type VI. Number of Strories VII. Parking Type of Parking Number of Spaces Parking Ratio 12.7 Units/Acre Type V 2 - 3 Stories Attached Garage 18 Spaces 2.0 Spaces/Unit (1) Project description information provided to KMA as of September 18, 2008. Prepared by Keyser Marston Associates, Inc Filename: i \National City_Density Bonus_For-Sale,10/2812008,Iag 3 Stories 2 Stories 2 Stories 55 SCENARIO B - FOR -SALE TABLE B-2 DEVELOPMENT COSTS 2121 GROVE STREET CITY OF NATIONAL CITY I. Direct Costs (1) Off -Site Improvements (2) On-Sites/Landscaping Demolition Parking Shell Construction - Unit A/Townhomes Shell Construction - Existing Home FF&E/Amenities Contingency Total Direct Costs 1I. Indirect Costs Architecture & Engineering Permits & Fees Legal & Accounting Taxes & Insurance Developer Fee Marketing/Lease-Up Contingency Total Indirect Costs III. Financing Costs Loan Fees Interest During Construction Total Financing Costs KMA Totals Per Unit $0 $93,000 $0 so $1,896,000 $136,824 $0 $106,000 $2,231,824 $134, 000 $148, 000 $33.000 $56,000 $112,000 $67,000 $28,000 $578,000 $50,000 $131 000 $181,000 $0 $10,333 $0 $0 $210,667 $15,203 $0 $11,778 $247,980 $14,889 $16,444 $3,667 $6,222 $12,444 $7,444 $3 111 $64,222 Comments $0 Per SF Site Area $3 Per SF Site Area $0 Per SF Site Area Included below $100 Per SF GBA-Unit A/TwnHm $62 Per SF GBA-Existing Home Allowance 5.0% of Directs $105 Per SF GBA 6.0% of Directs $7 Per SF GBA (3) 1.5% of Directs 2.5% of Value 5.0% of Directs 3.0% of Value 5.0% of Indirects 25.9% of Directs $5,556 2.2% of Directs $14,556 5.9% of Directs $20,111 8.1 % of Directs IV. Total Development Costs w/o Land $2,990,824 $332,314 $141 Per SF GBA V. Acquisition Costs $1,175,000 $130 556 $38 Per SF Site Area VI. Total Development Costs w/Land Or Say (Rounded) $4,165,824 $462,869 $197 Per SF GBA $4,166,000 (1) Does not assume payment of prevailing wages. (2) Developer estimate, not verified by KMA or the City. (3) KMA estimate, requires verification by City. Prepared by: Keyser Marston Associates, Inc. Filename: i:INational City_Density Bonus_For-Sale,10/28/2008,tag 56 SCENARIO B - FOR -SALE TABLE B-3 GROSS SALES PROCEEDS 2121 GROVE STREET CITY OF NATIONAL CITY KMA Average # of Per Price Total Unit Size Units Per SF Per Unit Sales I. Gross Scheduled Income Four Bedroom - Unit A @ Market 2,297 SF 3 $200 $459,000 $1,377,000 Four Bedroom - Townhome @ Market 2,414 SF 5 $180 $435,000 $2,175,000 Five Bedroom - Existing House @ Very Low 2,213 SF 1 $63 $140,000 $140,000 Total - Residential 2,353 SF 9 $174 $410,000 $3,692,000 II. Gross Sales Proceeds $3,692,000 Prepared by: Keyser Marston Associates, Inc. Filename i:\National City_Density Bonus_For-Sale;10/28/2008;Iag 57 SCENARIO B - FOR -SALE TABLE B-4 ESTIMATED DEVELOPER PROFIT 2121 GROVE STREET CITY OF NATIONAL CITY I. Gross Sales Proceeds (Less) Cost of Sales @ Net Sales Proceeds I1. Total Development Costs 3% KMA $3,692,000 ($111,000) $3, 581, 000 ($4,166,000) III. Estimated Developer Profit % of Value ($585,000) -15.8% Prepared by: Keyser Marston Associates, Inc. Filename i:\National City_Density Bonus_For-Sale;10/28/2008;Iag 58 59 SCENARIO C - FOR -SALE TABLE C-1 PROJECT DESCRIPTION 2121 GROVE STREET CITY OF NATIONAL CITY I. Site Area 30,875 SF 0.71 Acres II. Gross Building Area Residential Area - Unit A/Townhome 18,844 SF 89% Resiential Area - Existing House 2,213 SF 11% Common Area/Circulation 0 SF 0% Total Gross Building Area 21,057 SF 100% Floor Area Ratio (FAR) 0.68 III. Number of Units/Unit Mix Number of Units Unit Size Number of Stories Four Bedroom - Unit A 4 Units 44% 2,297 SF 2 Stories Four Bedroom - Townhome 4 Units 44% 2,414 SF 2 Stories Five Bedroom - Existing House 1 Units 11 % 2.213 SF 2 Stories Total 9 Units 100% 2,340 SF IV. Density 12.7 Units/Acre V. Construction Type Type V VI. Number of Strories 2 - 3 Stories VII. Parking Type of Parking Number of Spaces Parking Ratio Attached Garage 18 Spaces 2.0 Spaces/Unit (1) Project description information provided to KMA as of September 18, 2008. Prepared by: Keyser Marston Associates, Inc. Filename. 1 \National City_Density Bonus_For-Sale,10/28/2008.lay 60 SCENARIO C - FOR -SALE TABLE C-2 DEVELOPMENT COSTS 2121 GROVE STREET CITY OF NATIONAL CITY I. Direct Costs (1) Off -Site Improvements (2) On-Sites/Landscaping Demolition Parking Shell Construction - Unit A/Townhomes Shell Construction - Existing Home FF&E/Amenities Contingency Total Direct Costs II. indirect Costs Architecture & Engineering Permits & Fees Legal & Accounting Taxes & Insurance Developer Fee Marketing/Lease-Up Contingency Total Indirect Costs III. Financing Costs Loan Fees Interest During Construction Total Financing Costs KMA Totals Per Unit $0 $63,000 $0 $0 $1,884,000 $136,824 $0 $104,000 $2,187,824 $131,000 $147,000 $33,000 $90,000 $109,000 $107,000 $31,000 $648,000 $0 $7,000 $0 $0 $209,333 $15,203 $0 $11,556 $243,092 $14,556 $16,333 $3,667 $10,000 $12,111 $11,889 $3,444 $72,000 Comments $0 Per SF Site Area $3 Per SF Site Area $0 Per SF Site Area Included below $100 Per SF GBA-Unit A/TwnHm $62 Per SF GBA-Existing Home Allowance 5.0% of Directs $104 Per SF GBA 6.0% of Directs $7 Per SF GBA (3) 1.5% of Directs 2.5% of Value 5.0% of Directs 3.0% of Value 5.0% of Indirects 29.6% of Directs $50,000 $5,556 2.3% of Directs $132,000 $14,667 6.0% of Directs $182,000 $20,222 8.3% of Directs IV. Total Development Costs w/o Land $3,017,824 $335,314 $143 Per SF GBA V. Acquisition Costs $1,175,000 $130,556 $38 Per SF Site Area VI. Total Development Costs w/Land Or Say (Rounded) $4,192,824 $465,869 $199 Per SF GBA $4,193,000 (1) Does not assume payment of prevailing wages. (2) Developer estimate, not verified by KMA or the City. (3) KMA estimate, requires verification by City. Prepared by. Keyser Marston Associates,Inc- Filename. i \National City_Density Bonus_For-Sale,10/28/2008,Iag 61 SCENARIO C - FOR -SALE TABLE C-3 NET OPERATING INCOME AND INDICATED RETURN ON INVESTMENT 2121 GROVE STREET CITY OF NATIONAL CITY KMA Average # of Price Price Total Unit Size Units Per SF Per Unit Sales I. Gross Scheduled Income Four Bedroom - Unit A @ Market 2,297 SF 4 $185 $425,000 $1,700,000 Four Bedroom - Townhome @ Market 2,414 SF 4 $180 $435,000 $1,740,000 Five Bedroom - Existing House @ Very Low 2.213 SF 1 $63 $140,000 $140,000 Total - Residential 2,340 SF 9 $170 $397,778 $3,580,000 II. Gross Sales Proceeds $3,580,000 Prepared by: Keyser Marston Associates, Inc. Filename i:\National City_Density Bonus_For-Sale;10/28/2008;Iag 62 SCENARIO C - FOR -SALE TABLE C-4 INDICATED RETURN ON INVESTMENT 2121 GROVE STREET CITY OF NATIONAL CITY I. Gross Sales Proceeds (Less) Cost of Sales @ Net Sales Proceeds II. Total Development Costs 3.0% KMA $3, 580, 000 ($107,000) $3,473,000 ($4,193,000) III. Estimated Developer Profit % of Value ($720,000) -20.1% Prepared by: Keyser Marston Associates, Inc. Filename i:\National City_Density Bonus_For-Sale;10/28/2008;Iag 63 o1y442.4b24 p.1 r Cir r / J11itJn!G11 Arnnida Maya Shippen !621 Shade Rd. !.a Mesa, CA 91941 (619) 444-388S Fax: (619) 442-4624 armidaship@gmail.com October 16, 2008 City of National City Planning Department 1243 National City Blvd. National City, CA 91956 Via fax: (619)336-4321 Attn: Angela Reeder Re: Case File 2007-59 S, IS (Proposed 9 unit subdivision on Grove St.) Dear Ms. Reeder: I am writing to you on helratf of the Moya Family, the owners of the property immediately adjacent to the west of the proposed development. I want to express our strong opposition to the development; especially the revised plan as shown at the last meeting. The developers want to move the towering buildings which front on Grove St an additional 10 feet closer to the street. Apparently this is their solution to the community concerns that there is not enough yard space to accommodate the proposed homes. The idea that the houses wilt be pushed closer to the street and eliminate the ability for residents to park in the driveway means that the parking on Grove St. will be impacted even more; than before. This would be a terrible inistake both esthetically as well as from a safety standpoint_ More cars parked on the street plus more children playing in the street will obviously create the potential for tragedy. The modified plan also points up the underlying problem presented by the development. The attempt to squeeze nine ?:ousts onto a lot, which is untended to hold a maximum of six, is inherently problematic. There are so many issues created by the proposal that any attempt to fix one almost certainty exacerbates another. Finally, with respect to the developers' plans, you should consider the rents that are proposed_ The rents of between $2300 and ` 260t1 per unit are too high for the area. Experience shows that attempts to charge higher than market rents will result in lower occupancy, which translates into less money for maintenance. Alternatively, the higher rents create the need for multiple families to share a single unit. Either of these scenarios lead to a deterioration of the property which ultimately burdens the neighborhood as well as the city. The neighborhood does not need the problems that are the inevitable result of this over- development, and we strongly oppose it. Sinderely-, Artuida Moya Snippen 64 500 Miguel 'Trail Pl. Chula Vista, CA 91914 October 2, 2008 City Of National City, Planning Department 1243 National City Blvd. National City, ('A 91950 Re: 2121 Grove St. Dear Planning Commission, I am writing you on behalf of my brother, Robert I larlow and myself. Our family has owned the home at 2025 Grove St., and Robert is still the current resident. We feel strongly that the proposed housing project at 2121 Grove would have a severe negative impact to the neighborhood and to the city. In the first hearing I attended, this project plan made liberal use of the various low/very low- income housing development exemptions. 'Hie numerous exceptions to the standard housing requirements are not just a small one here or there. 'faking a look at the project as a whole, it seems that every possible exemption was found and exploited to try and squeeze out every possible income source fir the developers of this project. On paper, the low-income housing exemption which allow for this extra set -hack, height and square footage allowances may add up to the proper calculations, but I am confident that the law makers who created these low-income exemptions did not have this type of project in mind when they were adopted. The spirit of low-income housing is to encourage diversity in a city, not allow developers a way to skirt the codes and requirements that current residents are required to follow to the letter. The developer's team made it clear at the hearing that the only way for the project was to be financially successful was to build it as proposed. Period. The developer apparently made some design changes that are due to the comments received at the hearings. This was surprise after they said that the original plan was the only option for this project to succeed. This statement and the veiled threat of the impact to the 'Trophy Lounge project shows that the developer is willing to say anything to get this project passed at the expense of the residents and the Commission 1 urge the Planning Commission to not allow this project to be passed, any short term gain for the developers will have a lasting negative effect to the neighbors here on (irove Street for generations to come. Sincerely. Charles Ilarlow 65 Forrest and Ila Rustad 2101 Grove St et National City, CA 91950 September 18, 2008 City of National City Planning Department 1243 National City Blvd. National City, CA 91950 Dear Planning Dept. Members: This is to state to you, again, our objections to the development of the property at 2121 Grove Street in its present form. We purchased our property here in National City at 2101 Grove Street in 1959 because we desired a home in a single family neighborhood. We tried to develop it in a way that would be an asset to the community. We feel if they desire Town Home units in their planned congested form they should be built on the Prospect side of the property which already has multiple unit developments. Their young man showing pictures of congested areas were those on Prospect. As now planned, there would be very little private play area for children on the Grove Street property. The children would end up using Grove Street which would be is not only dangerous for them but for drivers using that area. The lady describing their planned development at the last public hearing stated the back yards on the Grove Street town houses would be 25 feet by 25 feet. We were told by Planning Department personnel they were 10 feet by 25 feet. If one has a barbeque, trash barrels etc. very little is left for play area. There are no front yards. When one of us was a patient at Scripps Green Hospital, a nurse accused us of living in Nasty City. As a matter of fact, at that time one of the richest men in American lived here in National City in sight of our house. He preferred National City to La Jolla because we were a family town. These multiple unit houses scattered throughout many of our single family neighborhoods has added to that Nasty City designation. We need better planning not less restrictions. One of their developers tried to explain the possibility of nine units by saying 8.1 equals 9. 8.1 does not equal 9; in averaging 8.1 through 8.4 equals 8. It takes 8.5 through 8.9 to average up to 9. This developer is asking our neighborhood to accept devaluation of our property, 66 07_ congestion, disregard for safety rules and doing away with multiple other building regulations We need better regulations not less. Thank you for your consideration. Sincerely, or-e-/ rre fu Ila Rustad 67 2 b Angela Reeder From: FDRILA@wmconnect.com Sent: Thursday, June 12, 2008 4:09 PM To: Angela Reeder Subject: Proposed plans for building at 2121 Grove Street, National City, CA Dear Ms. Reeder: Thank you for taking the time to explain the proposed plans for building 9 houses at 2121 Grove Street. As we stated to you we oppose the plans as now proposed. We do not object to the proposed development of the property on the Prospect Street side of the property. That is in line with other properties in the area. What we object to are the plans made for the Grove Street area. We feel it should only have two houses which would be meeting code and in line with the other houses in this part of National City. We are not in a section of the State's Affordable Housing. We feel this would decrease the value of our properties along this section of Grove Street. We purchased our property here on Grove Street in 1959 and developed it using the City's codes and regulations. We felt our house was an addition to this section of town, not in any way detracting from other property owners. Then in the 1960s, the City allowed two four-plexes to be built directly adjoining our property on the East side. The builders were not even required to put up a fence between the two properties. Now you're considering allowing a fairly new owner the provilege of developing an adjacent property that will decrease not only the value of our neighborhoods but the quality of life in our neighborhood. This is not right. National City should stay with it zoning and code regulations. Sincerely, Forrest and lla Rustad 2101 Grove Street National City, CA 91950 P.S. Please share our concerns with your Director, Mr. Roger Post. 68 6/ 12/2008 o CC EOVCE vi lip/06 We the undersigned object to the proposed plans of Arnold Schmidt for the property located at 2121 Grove Street, National City, CA. We believe that all existing codes and zoning requirements should be followed. fyrre' Name arrE,6 7/00 4LS7ad may, � date 6 - // — o� Address a (( ro ve / �i, / e A., I date /-// v Address "2 /o/ G' o w Ji) J/ / ;/ / (d, 5ty ( 1S r) TO; THE NATIONAL CITY PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD. NATIONAL CITY, CA 91950 HANDOUT ITEM NO. 4 June 16, 2008 FROM; PROPERTY OWNERS WHO WILL BE AFFECTED BY THE PROPOSED DEVELOPMENT OF THE PROPERTY LOCATED AT 2121 GROVE STREET, NATIONAL CITY, CA Name 7 u5-74Ao Name'�r 0 / /6 q c. �- z Address 19 3 S 6 Name �—t �� � C(. Addres C, date tC 1 ( ?joy Name Q,aln (r lAtkatoL° Address ?,o -$ � -ove, Name date 6- /3 - O Address Z3.5 - I'/ C. �c{ //l () Name �( AS ; Ll c) date 043 /4;7 Address Z_ Ot S C-7,24ov�.-� S� Name A\\e-.R--p (9-0 `'Le Z_ date v('/ t 3k-b ciI s; 011(7 LAI A 6- 1U-M-0 Address , ! !„^„ x CA - Name `1 € tT12( Address `i i231 (/ I) k C,\f es `t4 A 0..J p kA) Name Address Name ' ' }'y(� Jj ��"' _/ date//�/7A1- Address /,� l ►� �v� 5 ��:� 0,-tu C7 �/, Cjl `1 8 S1/ (4f 0 date 611"qoQ) dateV. date (2f /7/ date (2t/ i-fl a / C c' / `t 5 ) 69 TO; THE NATIONAL CITY PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD. NATIONAL CITY, CA 91950 FROM; PROPERTY OWNERS WHO WILL BE AFFECTED BY THE PROPOSED DEVELOPMENT OF THE PROPERTY LOCATED AT 2121 GROVE STREET, NATIONAL CITY, CA We the undersigned object to the proposed plans of Arnold Schmidt for the property located at 2121 Grove Street, National City, CA. We believe that all existing codes and zoning requirements should be followed. Name -Li n c e La Address N a mei r rn I Cd CL S1-11' a_ Address)/(>5 C- rwe .� . na-h Name \' 0$-, 4 Lf vtSc I14 Address --/c, 5 G c ✓� s� /� u o date 4 ef). j/9SD lv date (p -1 - 4 5 date C-/6- 6 g /So Name Ann1'-Ht_ l'`I & } -pOlti ek 2- date tl/(c1d� Address diOcc & lJe St ijti- z)ti l 647 (II 94-0 Name Address Name date Address Name date Address Name date Address Name date Address d ate Name date Address Name date Address 70 City of National City Office of the City Engineer 1243 National City Blvd., National City, CA 91950 (619) 336-4380 Fax: (619) 336-4397 ENGINEERING REQUIREMENTS FOR A CONDOiIINIUr1 PROJECT ON GROVE: NORTH OF 22ND STREET Date: November 26, 2007 To: Angela Reeder, Planning Department From: lam J. Landa, Assistant Civil Engineer Via: 4aryam Bahaki, City Engineer ZIA/ Subject: Condominium Project on Grove North of22"d Street 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 dram collection point. The study should consider the adequacy of the existing storm drain system to convey any additional run off. All ilydrology study findings and recommendations are part of Engineering Departments requirements. 2. The Priority Project Applicability checklist for the National Pollutant Discharge Elimination System (NPDFS) 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 RMP Requirements" and the City of National City' Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP) approved Standard Urban Storm Water Mitigation Plan (SUSMP) documentation will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered C.'ivil Engineer. 3. The 13est Management Practices (13MPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention flan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. 4. 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. 71 ® Recycled Paper Adjacent properties shall be protected from surface run-off resulting from this development. 5. 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 storin dram 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 he signed and recorded. A checklist for preparation of the grading plan/drainage plan is available at the Engineering Department. 6. A sewer permit will he 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 he 6 inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 7 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 nUmrnum, the parking lot pavement sections shall be 2 inch A.C. over 4 inch Class 11 aggregate base. The street pavement sections shall he in accordance with National City modified Standard Drawing Ci-34. All soils report findings and recommendations shall he part of the Engineering Department requirements. 8. A permit shall he obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. Street improvements shall be in accordance with City Standards. All missing street improvements shall he constructed. Abandoned driveway aprons shall be replaced with curb, gutter and sidewalks. 10. A title report shall be submitted to the Engineering Department, after the Planning Commission approval, for review of all existing easements and the ownership at the property. Noirf 72 1 1. 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 he posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment according to actual worked hours and consultant services. FINAL MAP REQUIREMENTS 1. 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. 2. "1'he 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 arc needed, the developer shall enter into an agreement for the water improvements with the Sweetwater Authority prior to obtaining the final map approval. 3. 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. ailir,/o S 5. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 6. The final map shall be recorded prior to issuance of any building permit. 7. All new property line survey monuments shall he set on private property, unless otherwise approved. 8. 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. "1'he 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. AL ,jha 22nd St REV. 8/20/07 73 Angela Reeder From: Stephen Manganiello Sent: Wednesday, November 14, 2007 9:38 AM To: Angela Reeder Subject: RE: Grove Street Condominiums Tentative Map Angela, I would recommend that the project be conditioned to not allow parking (via red curbing and signing) along the residential driveway leading into the site from Prospect Street since the driveway is only 20 feet wide. It appears on -street parking is underutilized for adjacent sections of Grove and Prospect, so visitors should be able to find on -street parking nearby the site. Thanks. -Steve Stephen Manganiello Traffic Engineer (City of National City Engineering Department 1243 National City Boulevard National City, CA 91950-4301 Phone. 619-336-4380 Direct. 619-336-4382 Fax. 619-336-4397 F.'mail= smanganielloi.national-city.ca.us Weblink: www.ci.national-city.ca.us 74 5/28/2008 CITY OF NATIONAL CITY FIRE DEPARTMENT Phone: (619) 336-4550 MEMORANDUM DATE: November 12, 2007 TO: Angela Reeder, Associate Planner FROM: Donald Condon, Battalion Chief / Fire Marshal SUBJECT: 2007-59 S, 1'I) - 2121 Grove Street Please note our following comments and recommendations: 1) Project to he designed, developed and constructed in compliance with the California Fire ('ode (CFC) 2001 edition or CH: in effect at time of permit issuance, the most current National Fire Protection Association (NFI'A) Standards and City of National City Municipal Code and Ordinances as adopted by the City of National City. New California lire Code will he going into effect January 2008. 2) Fire apparatus access roadway to he maintained with a clear minimum width of 20 feet and an unobstructed vertical clearance of 13 feet 6 inches. Turnaround to he provided with a minimum cal -de -sac of 80 feet, a hammerhead of 75 feet by 24 feet. This access roadway must he clearly marked as "No Parking Fire Lane". Please note that the above items are based off of a preliminary review of plans submitted. Additional requirements may he necessary upon submission of a complete set of plans for permit review. 75 City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ‘46.9 ROGER G. POST - DIRECTOR November 7, 2007 FROM: CITY OF NATIONAL CITY PLANNING DEPARTMENT SUBJECT: Case File No: 2007-59 S, I'D; Tentative Subdivision Map and Conditional Use Permit for 9 homes at 2121 Grove Street This Tentative Subdivision Map and CUP have been submitted for Planning Commission consideration. The applicant proposes to build nine (9) homes, including fi ur "cottages" or detached homes and five townhome units on an approximately 0.7-acre site at 2121 Grove Street. The site is currently developed with one single-family home and its accessory structures. The applicant is asking for several exceptions, such as density and parking, due to the fact that the housing will be considered "affordable." Access for the townhomes is proposed directly from Grove Street through individual driveways. Access for the four detached homes is from a single driveway onto Prospect Street. The proposed plans include four (4) different floor plans that range from 1,530 to 2,205 square feet of living space, and each includes a two -car garage. No guest parking spaces are proposed throughout the project. Please submit your comments or recommendations on the proposed project by November 19,, 2007.: It is very important that your comments alert us to any aspects of the proposal which conflict with regulations that your department or agency administers. If you have no comments regarding the project, please check and sign below, and return this notice and the enclosed plans. If you have any questions, please contact me at 336-431 1. "Thank you. Angela Reeder Associate Planner ';?► M") "' .5 U b i. C T i E D lam_ 1 .� i�N zoot %'J W 443 ":" w r(11- No comments �cy�t. Zoon G S rim- -The Zopfo Z PSG ds tsvb p-R5p 1f�sY � cc: * Building & Safety Department Engineering Department City Transportation Engineer Fire Department Police I)epartrnent SBC Cox Cable MT'S San Diego Gas & Electric Sweetwater Authority National School District Sweetwater Union Iligh School District 76 Angela Reeder From: Edwards, Laurie [ledwards@sweetwater.org] �,r-� hD r `--u ent: Wednesday, November 28, 2007 1:52 PM ` To: Angela Reeder Cc: Edwards, Laurie Subject: TM 2007-59S, PD; APN 561-380-24-001 2121 Grove St., National City Hi Angela, (t10-op ao (wa ,a The Engineer called me today and explained the design of the driveway shown on the tentative map that we received. The water services are not in conflict with the proposed driveways on Grove Street, so that comment can be removed from my letter dated November 26, 2007. The configuration was different than any I have ever seen and there was so much detail on the plan that it was not clear to me ( : Also, the Engineer is sending me a revised map to show the water meter locations clearly in the public right of way. Thank you and have a great afternoon, 77 12/3/2007 SWEETWATER AUTHORITY 505 GARRETT AVENUE POST OFFICE BOX 2328 CHULA VISTA, CALIFORNIA 91912-2328 (619) 420-1413 FAX (619) 425-7469 http://www.sweetwater.org November 26, 2007 Ms. Angela Reeder, Associate Planner City of National City Planning Department 1243 National City Boulevard National City, CA 91950 Subject: WATER AVAILABILITY 2121 GROVE STREET, NATIONAL CITY CASE FILE NO. TM 2007-59 S, PD; A.P.N. 561-380-24-00 SWA DEV. FILE: GROVE ST. CONDOMINIUMS, N.C. Dear Ms. Reeder: GOVERNING BOARD R. MITCHEL BEAUCHAMP. CHAIR JAMES C. ALKIRE, VICE CHAIR JAMES "JIM" DOUD RON MORRISON W.D "BUD" POCKLINGTON TERRY THOMAS MARGARET COOK WELSH DENNIS A. BOSTAD GENERAL MANAGER MARK N. ROGERS OPERATIONS MANAGER This letter is in response to the Tentative Subdivision Map Application for the nine -unit condominium project within the Sweetwater Authority (Authority) service area. There is a 4-inch water main in the east side of Grove Street, and an 8-inch water main in the east side of Prospect Street. Authority records indicate that there is one (1) existing water service to the parcel. The plan references that the Authority's 12-foot-wide easement (3-SW-010) be vacated (copy enclosed). The Owner, or their representative, can contact the Authority to discuss the process involved to quitclaim a defined easement. The tentative map also shows six (6) proposed water service laterals located in driveways with meters on private property. This is not acceptable; therefore, the plan must be changed and resubmitted. The proposed water service and meter sizes should also appear on the plan. Enclosed is a copy of the Authority's Standard Drawing 20 that shows acceptable meter and service locations. In order to prepare an estimate for the new water facilities, the Owner must also submit a plumbing plan (showing total fixture - unit count), and a fire sprinkler plan and calculations (if required by the fire department). Allow at (east four (4) weeks for the estimate preparation, once the plans have been submitted to the Authority. Enclosed is a copy of a portion of 1/4 SEC. 128 that shows the existing water facilities. At this time, the Authority cannot comment on the adequacy of the existing system to provide fire protection for this project. As plans develop for structures, the Owner must submit a letter to the Authority from the appropriate fire agency stating fire flow requirements. Based on this requirement, this project may result in the need for new water systems or alteration to the existing water system. It is recommended that your Agency work with the Authority to determine if the existing water facilities are adequate to meet the added demands prior to issuing a building permit. A Public WrltrAgency Serving National City, Chula Vista and Surrounding Areas Ms. Angela Reeder Re: Water Availability — 2121 Grove Street, National City November 26, 2007 Page 2 of 2 If the development will be served by a private fire system, the Authority will require an approved Double Check Detector Assembly on that system. If a common irrigation system is planned for the four new lots, an approved Reduced Pressure Principle Backflow Assembly on the landscape meter is required. If the Owner provides the required fire flow information, and enters into an agreement for water facility improvements with the Authority, water service can be obtained at a pressure of approximately 71 psi. Please note that the Authority requires a ten (10) foot horizontal separation between sewer and water laterals. If you have any questions, please contact Ms. Laurie Edwards at (619) 409-6758. Sincerely, SWEET/ATER AUTHORITY Hector Martinez Engineering Manager HM:LE:vls enclosures: Copy of easement (3-SW-10) Copy of portion of 1/4 SEC. 128 map Standard Drawing 20 cc: Don Condon, Battalion Chief/Fire Marshal (without enclosures) National City Fire Department 140 East 12th Street, Suite A National City, CA 91950 E. Ricci (with enclosures) 3103 Falcon Street, Suite J San Diego, CA 92103 Arnold Schmidt (with enclosures) 3175 Cauby Street, No. 90 San Diego, CA 92110 Miguel Alvarez, Sweetwater Authority (without enclosures) I:\engr\Dev\Grove St. Condominiums, N.C\Cor\Ltr- wtravl__grovstreeder_tm_esmt 11-21-07.doc 79 Sweetwater Authority Existing Water Facilities Subject Property: Grove St. Condos APN 56138024 National City 1/4 SEC. 128 200 100 0 200 Feet UM III • Fire Hydrants Water Mains Water Services P. ^w ens OewYW'O br Sreawaw Avepey .anal abeam.wy 0 .9.0 b po tle asWul Oelal arm feN.l M be uee0 b any ofee. Nvlusen e1hal Vie erpms *ion pe 2800 d SxeMab Abay "'swan. raw:ab e'9 505 Greets Aaoo,s.. ene Oua eh.20.1 CA 91900,1 (62328 (619, 420.1413 FA% (619) 425./46C lara0.1. A waea 0.1M, re a0pl:aaea rvy based Meer,. nlpmapn Fora more mr• Inca. wx. tab.. ewe,• 501o0.0 Cal USA bt 1000422 4119 u t o nys pr......a.a..0,n n<Neel nevi aaca avower, .neve map rt peep.eeryn ennaaat Tbe use a las n6amwbn O laas.a0 n ...en. ayanl6a bevy Ary resale mw,en9 W an nlomwrt n Nw1o0. exc. n rcnM1erce eael •..cA vRfN+w�g+yn n..nn s.ecls la4,8 ee err, ory 1010 ::ur 1 via Sae 1s.yo ::AYt l014903 RII by lame 101n3105 btr191_poobj,50 0 1 ,0,wncyts\wlr.M200 291owroolWM_2121 CALIFORNIA ENVIRONMENTAL. QUALITYACT (CEQA) INITIAL STUDY CHECKLIST 1. PROJECT TITLE/PROJECT #: 2. LEAD AGENCY: Contact: Phone: 3. PROJECT LOCATION: 4. PROJECT PROPONENT: CITY OF NATIONAL CITY Planning Department 1243 National City Boulevard National City, CA 91950 Grove Street Homes, a proposed 9 lot subdivision with a density bonus pursuant to Government Code Section 65915 at 2121 Grove Street, Project No. 2007-59 IS City of National City Planning Department 1243 National City Boulevard National City, CA 91950 Angela Reeder, AICP, Associate Planner (619) 336-4310 A 0.71-acre site located between Grove Street and Prospect Street, just north of 22nd Street, within the City of National City (APN 561-380-24) Arnold Schmidt 3175 Cauby Street, #90 San Diego, CA 92110 Contact: Luis Naranjo Phone: (619) 224-0386 5. COMBINED GENERAL PLAN/ Single-family Extendible Zone, Planned Development Overlay, ZONING DESIGNATION: RS-3-PD 6. ASSOCIATED APPLICATIONS: Tentative Subdivision Map, Project No. 2007-59 S 7. PROJECT DESCRIPTION: The applicant has submitted an application for a tentative subdivision map to create nine (9) individual parcels, on the cast side of Grove Street in an area currently improved with one single-family house. The 31,000 square foot parcel has frontage on both Grove and Prospect Streets. The existing house sits roughly in the center of the lot at the highest elevation of 163 feet. The site slopes down away from the house towards a retaining wall to the west along Grove Street, and lesser slope down to Prospect Street to the east. �.. The General Plan and Zoning designation, RS-3-PD, would allow for construction of six single-family residences on the property. The applicant proposes to use the State of California density bonus allowance 81 Initial Study - Page 2 of 19 (Section 65915) to provide for a 35% density bonus on the site. To achieve this bonus, one home would be reserved for a family at the Very Low household income level, as defined by the State Government Code. With the density bonus, a total of nine homes would be possible on the site, as proposed. Five approximately 25 foot wide lots are proposed along Grove Street, each with a townhome-style house and reduced setbacks. The townhome units will include 2-stories of living space over a 2-car garage. Each unit would have individual driveway access from Grove Street, a private rear yard, and multiple front and rear balconies. Due to the topography of the site, including an approximately 9 to 12-foot slope at west side the property, the garages are designed into the slope, with retaining walls providing level building pads. Four lots, including the designated affordable unit, are proposed to share access through a common driveway from Prospect Street. The existing home on the site will be retained, enlarged, and relocated to the lot fronting on Prospect Street (Lot 9). The remaining three interior lots will be developed with three- story homes and include 4 bedrooms, 3 1/2 baths. As proposed, each home would have a private, fenced yard of variable sizes, as reflected in the site plan. While various exterior color schemes are proposed for the new homes, the primary construction materials include a cement plaster finish, stone and wood accents, and clay roof tiles, with decorative wrought iron, awning, and shutter accents. The existing home will be remodeled and enlarged, and include exterior finish colors and materials consistent with the other homes on the lot. In addition to a density bonus, the applicant is also requesting several incentives/concessions and waivers Pursuant to Government Code 65915 to construct the project. Concessions are requested for increased building height to allow the three 3-story homes, which exceed the height limit of two -stories in the RS-3 zone, and for undergrounding utilities, which is required of all new subdivisions. The applicant proposes to underground all utilities on -site, but requests a concession to waive the requirement to underground a pole on Prospect Street and all associated lines to adjacent properties, as the project would not take power from that location. 8. OTHER AGENCIES WHOSE APPROVAL MAY BE REQUIRED (AND PERMITS NEEDED): N/A ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" or is "Potentially Significant Unless Mitigated," as indicated by the checklist on the following pages. ❑ Aesthetics ❑ Biological Resources ❑ Geological Problems ❑ Land Use / Planning ❑ Public Services ❑ Agriculture ❑ Cultural Resources ❑ Ilazards & I lazardous Materials ❑ Noise ❑ Recreation ❑ Air Quality ❑ Energy & Mineral Resources ❑ Hydrology /Water Quality ❑ Population / Housing ❑ Transportation/Circulation 82 Initial Study - Page 3 of 19 �... DETERMINATION: (To be completed by the Lead Agency) On the basis of this Initial Evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not he a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a significant effect(s) on the environment, but at least one effect (1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and (2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets, if the effect is a "potentially significant impact" or is "potentially significant unless mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effect that remains to he addressed. Signature 0-1-2 -4- Date July 25, 2008 Printed Name: Angela Reeder, AICP EVALUATION OF ENVIRONMENTAL IMPACTS: Title: Associate Planner 1. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to the project. A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards. 2. All answers must take account of the whole action involved. Answers should address off -site as well as on -site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3. Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence than an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4. "Negative Declaration: Less than Significant w/ Mitigation Incorporated" applied where the incorporation of a mitigation measure has reduced an effect from "Potentially Significant Impact" to "Less then Significant Impact". The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level. 83 Initial Study - Page 4 of 19 5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). 6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g. general plans, zoning ordinances). References to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7. Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8. This in only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions frotn this checklist that are relevant to a project's environmental effects in whichever format is selected. 9. The explanation of each issue should identify: a) The significance criteria or threshold, if any, used to evaluate each question; and b) The mitigation measure identified, if any, to reduce the impact to less than significance. ISSUES with Supporting Documentation & Sources I. AESTHETICS - Would the project: Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation a) Ilave a substantial adverse effect on a scenic vista? (Sources: 1, 2, I . I Li I _i X 3,4) b) Substantially damage scenic resources, including, but not limited li Li Li X to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the Li I ._1 L.1 X site and its surroundings? d) Create a new source of substantial light or glare which would Li L 1 r .' X adversely affect day or nighttime Views in the area'? There arc no designated scenic vistas nearby or across the proposed project site. As such, no vistas would be adversely impacted by the proposed project. The existing home on the site does enjoy scenic views to the west toward the ocean, as it is situated approximately 12' above Grove Street and the adjacent 1-805 freeway, which ensures no development will be built to the west and block the view. As the site is mounded, however, Prospect Street sits approximately 8'-I0' lower in elevation and no views are available from properties to the east across the site toward the ocean. In addition, the City does not have a policy to protect private viewsheds and the one existing home will he replaced with multiple units that will share in the views. The site is located within an urbanized area and surrounded by one and two story single-family homes and apartments. The five proposed townhome lots take access from Grove Street and would face the 805 freeway tc the west. The remaining four lots take access from Prospect Street and would face the interior of the lot. The'r101f proposed residences would be constructed at an elevation of between 160' and 163'. 84 Initial Study - Page 5 of 19 Adjacent uses include two single-family homes and a 4-unit apartment building to thc north, and two single- family homes and a vacant lot to the south. The three lots proposed along the northern boundary of the project, Lots I , 8, and 9, are arranged similarly to the three existing lots immediately adjacent to the north. Two-story homes are proposed on Lots 1 and 9, which front on (;rove and Prospect Streets. These would be comparable to the 2-story home and 2-story apartment buildings that existing on the lots to the north in both height and setbacks. Lot 8 is an interior lot and would be developed with a 3-story home and a 5' setback. The existing home to thc north of this parcel is single -story and set hack approximately 26' from the subject property line. Thus while setbacks are being met for the proposed home on Lot 8, as a 3-story building, the upper floor would overlook the adjacent home and their side yard. Adjacent to the south of the subject property are two existing single -story homes, one on Prospect Street and one in the middle of the block, and a vacant lot that fronts on Grove Street. The home in thc center of the block is over 120' back from Grove and over 35' away from its north property line. The other home to thc south is accessed from Prospect Street and located only 5' from the property line. The home on Lot 9 along Prospect Street to the north is the relocated existing home, which is two -stories tall and would sit over 25' from the adjoining property line, exceeding City requirements in the Zone. While both of the existing homes to the south of the site are constructed at an elevation that is comparable to the project homes, the upper floors of the 3-story homes on interior Lots 6 and 7 to the north will overlook the rear and side yards of these existing single-family residences. Two single-family homes and a two-story apartment building are adjacent to the north of the site. One of the homes fronts Grove Street and is situated only 3'-4' from the side property line and approximately 10' from thc street. Its 2-story design and orientation toward the street should complement the townhome proposed on Lot 1 immediate to the south. The other single-family home north of the site is in the middle of the Klock and will he adjacent to Lot 8, which would have a new 3-story home. While the home on Lot 8 meets the minimum required 5' setback from the property line, it will be approximately 31' from the home to the north. Lastly, The proposed subdivision includes 8 new single-family homes with varied building materials and architectural elements, as well as the standard associated improvements and landscaping. In addition, the existing home will be relocated and remodeled to include additional square footage and an exterior pallet and materials comparable to the new homes. Development of the site would upgrade the aesthetics of the area by reducing the appearance of a vacant lot and providing landscaping and street trees where there is currently minimal landscaping. (Sources: 1. 2,3,4) II. AGRICULTURE RESOURCES -- In determining whether impacts to agricultural resources arc significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation & Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Potentially Less Than less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland o1 J Li Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the 85 Initial Study - Page 6 of 19 California Resources Agency, to non-agricultural use? h) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment which, duc to their location or nature, could result in conversion of Farmland, to non-agricultural use? L_J Li X .,Ir/►' [1 x National City is a built -out community and there is no farmland mapped or planned to be mapped within the City. or more specifically on the project site. The site is also currently zoned for residential uses, and no Williamson Act contract is associated with the land; therefore, the development would have no impact on agricultural zoned areas. (Sources: 1, 4) III. AIR QUALITY Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant fbr which the project region is non -attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? Potentially Less Than Less Than No Significant Significant wi Significant Impact Impact Mitigation Impact Incorporation .-J [J U 1..l I. 1 x The County of San Diego is in attainment for all California Clean Air Act (CCAA) pollutants with the exception o1 ozone. The proposed project includes the development of nine (9) single-family structures on property currently improved as residential, and does not include any design components that would obstruct the Regional Air Quality Strategy (RAQS) for San Diego County. Also, the project includes aspects which could reduce pollutant discharge. including appropriately designed landscaping. Implementation of the project would result in an increase of approximately 108 daily vehicle trips. Emissions resulting from developing the site would be directly related to the amount of vehicular traffic generated by the facility. A generation of 108 ADT would be considered "low volumes" of traffic. Consequently, while the proposed project would have an incremental impact to area -wide air -quality, the individual impacts attributed to this project arc immeasurably small on a regional scale and will not cause ambient air -quality standards to be exceeded or have a significant impact on air quality. `44400 As the project site slopes down to Grove Street on the west side, the proposal will include some grading; however, 86 Initial Study - Page 7 of 19 any impacts from construction equipment and operations would be minimal and temporary in nature and the project applicant would be required to implement dust control measures. While dust frorn grading and other site preparation would generate particulate matter emission, due to the small amount of grading, and with appropriate use of Best Management Practices (I3MP) for site clearance and grading, the project would not generate significant particulate matter or dust and would therefore not result in a significant impact. (Sources: 4, 8, 9, 14) IV. BIOLOGICAL RESOURCES -- Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game (CDBG) or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, and regulations or by the California Department of Fish and Game (CDFG) or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal. filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Potentially less Than less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation U x �I L.:) (1 x U tJ CJ x The proposed 0.7 acre site is located on the east side of Grove Street in National City, overlooking the I-805 freeway. It is bordered to the north, east, and south by residential properties. The site is currently improved with a two-story, single-family home and includes sparse vegetation consisting of grass and some smaller shrubs and trees around the site perimeter. Based on a physical inspection of the property, the proposed project site has been previously developed and is disturbed. Also, no jurisdictional wetlands, other sensitive habitat, or sensitive species were detected on the property; and U.S. Fish & Wildlife Service maps indicate that there are no jurisdictional wetlands or jurisdictional waters of U.S. or state -defined streambeds on site. The project site is located completely within an urbanized area, surrounded by development and contains ne sensitive habitats or biological resources that are protected by local policies or ordinances. There are also nc adopted habitat conservation plans known that include the proposed project site; therefore, there is no impact. 87 Initial Study - Page 8 of 19 (Sources: 1, 4, 5, 11) V. CULTURAL RESOURCES Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in Section 15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to 15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation [I II L] x Li I LI x Li [..] Li x L L] x Historic structures that are considered noteworthy and have contributed significantly to the development of the City, are contained on the City's adopted Historic Sites List. Additional structures may be added to the Historic Sites List upon request. The request must include a historical analysis prepared by a historian recognized by the State of California. Determination to place a structure on the list requires City Council approval. Demolition of any structure listed on the Historic Sites List also requires City Council approval. The site contains an existing residence constructed in approximately 1930. The applicant proposes to relocate the existing home on -site and complete an extensive remodel of the home. The structure is not listed on Historic Sites „moo List but is listed on a separate survey prepared in 1994 for the National City Historical Society by a historian. Anne Pierce Cooper. The survey identifies the existing residence as containing Spanish Eclectic architecture characterized by stucco, flat roofs, and with tile accents. The survey prepared numerically ranks each property as follows: 1 - indicates a National Register potential, 2 - indicates local significance, 2.5 - indicates potential local significance and a "better than average 3", 3 - indicates inclusion in the survey due to recognized age from stylistic elements, and 4 - indicates inclusion in the survey for the same reasons as "3" though stylistically very altered. The structure on site was ranked as a 3. However, since the time of the survey, the structure was stylistically altered. A two story room addition was constructed in 1997. The addition includes 2 bedrooms, 1 bath, and laundry room on the first floor and a bedroom, 2 bath, den, and balcony on the second floor. The windows were altered on the original residence and the new addition contains sliding aluminum windows. Due to the structural changes to the residence, it would no longer qualify as a 3 but would be consider a 4, by the standards indicated in the survey. CI?QA, Section 15064.5, provides for a public agency to determine the significance of impacts on historical resources. A structure is considered a historic resource if it is "listed in, or determined to be eligible by the State Historical Resources Commission, for listing in the California Register of Historical Resources" or "included in a local register of historical resources" or "identified as significant in an historical resource survey meeting the ��► requirements section 5024.1(g) of the Public Resources Code." Public agencies must treat any such resource as significant unless the preponderance of evidence demonstrates that it is not historically or culturally significant. 88 Initial Study - 1'age 9 of 19 Section 5024.1(g) of the Public Resources Code provides criteria for evaluating the significance of a potential resource. The resource would be considered historically significant if the resource is: A. Is associated with events that have made a significant contribution to the broad patterns of California's history and cultural heritage; B. Is associated with the lives of persons important in our past; C. Embodies the distinctive characteristics of a type, period, region, or method of -construction, or represents the work of an important creative individual, or possesses high artistic values; or D. Has yielded, or may be likely to yield, information important in prehistory or history. Development of the project would require relocation and renovation of the existing structure. Since the structure has not been included on the adopted Ilistoric Sites List; it has been significantly altered; the prior survey did not identify the structure as being significant; and it does not meet the criteria for determining significance of an historic resource pursuant to Public Resource Code Section 5020.1 (CEQA 15064.5), the proposed modifications of the structure would not result in a significant impact. No archaeological resources as defined in Section 15064.5 are known to exist on the proposed project site and there are no recorded archaeological sites nearby. Additionally, the developed nature of the area, as a residential lot with the surrounding multi- and single-family residential properties suggest impacts to archaeological resources are not anticipated. No cultural resource constraints are known to exist on the currently developed project site. As such, there is a relatively low probability of disturbing any human remains and therefore, no significant impact. In the event of the accidental discovery or recognition of any human remains during construction, the applicant shall take all appropriate steps as required by relevant federal, state, and local laws. The proposed project would not result in a significant impact to cultural resources. (Sources: 1, 4, 7) VI. GEOLOGY & SOILS Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of Toss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? iii) Seismic -related ground failure, including liquefaction? iv) Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation LJ x L. i I_ I 11 x 1_1 L_1 [1 x r I 1_ :1 f ..1 x 1 H Li [ 1 x 89 Initial Study - Page 10 of 19 become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-13 of the Uniform Building Code (1994), creating substantial risks to life of property? c) I -lave soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? L, C_i I_l x Li I.1 11 x California Geological Survey information indicates the site is not located within an Alquist-Priolo Special Studies Zone, and there are no known active or potentially active faults that intercept the project site; therefore, the potential for ground rupture at this site is considered low. Accordingly, the site is not considered to possess a significantly greater seismic risk than that of the surrounding area in general. In addition, the proposed structures shall be designed in accordance with California Building Code guidelines and/or those adopted by the City of National City. It should be recognized that Southern California is an area that is subject to some degree of seismic risk and that it is generally not considered economically feasible nor technologically practical to build structures that are totally resistant to earthquake -related hazards. Construction in accordance with the minimum requirements of the Uniform luilding Code should minimize damage due to seismic events. The project will also be designed to achieve adequate stability through appropriate grading standards and soil testing. The project site is currently developed with one single family home, some small accessory buildings, and sparse vegetation. Proposed plans include substantial hardscape and all additional open areas are proposed to be " landscaped; therefore, there is no impact or increased substantial erosion due to the proposed project. The proposed project site would incorporate traditional sewer laterals, which will connect with the existing sewei system that serves the City. There would be no use of septic tanks or alternative waste water disposal systems; therefore, no impact. (Sources: 2, 4, 10) VII. HAZARDS & HAZARDOUS MATERIAI.S Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation Li Lit NIS 90 Initial Study - Page 11 of 19 \ w 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport of public use airport, would the project result in a safety hazard foi people residing or working in the project arca? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? LJ x I x LI x The proposed project area is within an urbanized area that is not identified as a hazardous material site and there are no hazardous materials associated with the proposed single-family residential use of the site. Also, the site is not within two miles of a public or private airport or associated airport plan, therefore would not be an impact. (Sources: 1, 2, 4, 6) VIII. HYDROLOGY AND WATER QUALITY Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on - or off -site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner which would result in flooding on- or off -site? c) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff`' Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation IJ I ►. I 1 x Cl L�� LJ x I] x L_l x 91 Initial Study - Page 12 of 19 f) Otherwise substantially degrade water quality? virs g) Place housing within a 100-year flood hazard area as mapped on a federal Flood ILazard Boundary or Flood •Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or darn? j) Inundation by seichc, tsunami, or mudflow? The proposed project site sits on a hilltop and has no streams or rivers at or near the site. Development of the site will require a Standard Urban Stormwater Mitigation Plan (SUSMP) and a Stormwater Pollutant Prevention Study (SWPP) to address drainage and runoff in accordance with city and State requirements for National Pollutant Discharge Elimination System (NPDES). "I'he requirements of these permits would control drainage and water quality discharge requirements on -site, thus creating no adverse effect on water quality or the natural drainage pattern of the site. Development of the project will not substantially increase the rate or amount of surface runoff and create flooding, nor will it create substantial erosion or siltation, since the required NPDES permits will address these items. Also, the site is located in an urbanized developed area and would include appropriate construction and permanent best management practices. The area is not within a failure area of a levee or dam; therefore, there would be no exposure of people or structures \S to any significant risks. The site is located also outside the boundaries of both the 100-year and 500-year flood zones and is several miles inland from the San Diego Bay and other water features that would create the natural disasters mentioned above; therefore, there is no impact. (Sources: 1, 2, 4, 6, 14) IX. LAND USE & PLANNING Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal progrram, of zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation 11 1 .1 1] x 1I a 1J x The proposed project site is currently improved with a single-family home and is surrounded by single-family homes and small apartment buildings to the north, east, and south, and by the I-805 freeway to the west. While the subject property is located in an single-family residential area, the 0.71 acre site is improved with only one home. well below the site's allowable development potential. The existing General Plan/Zoning designation of Single- family Residential Extendible (RS-3-PD) allows for residential development up to a density of 8.7 dwelling units (du) per acre, which could potentially result in 6 homes on the parcel. The proposed development would exceed this `� and be constructed at a density of 12.7 du/ac, which is permissible as a result of the State's affordable housing 92 Initial Study - Page 13 of 19 density bonus (Gov. Code 65915) and the restrictions being placed on the required affordable unit. One of the homes, accessible from the Prospect Street driveway, will he restricted for lease or sale to a Very Low Income household, per Government Code Section 65915. This restriction qualifies the site for a 35% density increase, as proposed. The block that includes the proposed development stretches from 20th Street south to 22nd Street, and from Grove Street east to Prospect Street. While the average lot size of 7,695 sf for the block exceeds the minimum required, the mixture of single- and multi -family parcels results in a density of approximately 8 du/ac. This is close to the 8.7 du/ac that is permitted in the RS-3 Zone. Also, there arc 3 newly created vacant parcels to the south of the subject site, that if developed would increase the density to approximately 8.9 du/ac. While it is acknowledged that the proposed development is being built at a density higher than what would typically he allowed without the affordable density bonus, it should be noted that the surrounding neighborhood is built at a density close to the maximum allowed. The proposed development would be consistent with the Housing Element goals of the General Plan to provide affordable housing and would contribute to achieving Regional housing Needs Assessment (RIINA) criteria for the City. The site development as proposed would not result in a significant impact. (Sources: 1, 2, 4, 13) X. MINERAL RESOURCES Would the project: a) Result in the loss of availability of a known rnineral resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally -important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation Ll I� Discussion: 'l'here are no known mineral resources on the proposed project site or delineated on a local plan for the site; therefore, there is no impact. (Sources: 1, 2, 4) XI. NOISE Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation I i [_ I L x Li Li n x I Ti CJ x 93 Initial Study - Page 14 of 19 e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would thc project expose people residing or working in the project arca to excessive noise levels? U [l [_ x While the proposed project area is in an developed residential area, it also falls within an area of the National City General Plan Noise Contour Map subject to elevated levels of ambient noise due to the adjacent I-805 freeway. As a result, the project would likely result in interior noise volumes exceeding acceptable limits. Reduced interior noise levels may be achieved by incorporating design features such as increased insulation and automatic ventilation systems. A noise study prepared by a licensed acoustic engineer shall be required prior to thc issuance of a building permit. The study shall indicate appropriate building methods and features to reduce interior noise levels to below a 45 dBA level, as required by Section 1207.1 1 of the 2007 CBC, as adopted by the City of National City. Exterior noise levels may be achieved by buffering freeway noise through construction of the units facing Grove Street. This requirement will he incorporated into project structural plans, and therefore there is no significant impact to new residents. The project, by its nature as a single-family project, would not typically generate noise levels or groundborne vibration in excess of local standards which would affect neighboring properties. vagoo The associated grading and construction on the project site would create temporary noise impacts. Modern construction equipment, properly used and maintained, meet the noise limits contained in the City's Noise Ordinance. All noise generated by the project would be required to comply with the City's Noise Ordinance. Upon ,fir completion of the project, all noise from the project operations would be required to conform to the City's Noise Ordinance, and because construction noise is temporary, no significant impact from the project would occur. The proposed project site is not located within an airport land use plan or within two miles of a public use airport or private airstrip; therefore, there is no impact to those people working on the project site. (Sources: 1, 2, 4, 6, 14, 15) XII. POPULATION & HOUSING Would the project: a) Induce substantial population growth in an area, either directly (fot example, by proposing new homes and businesses) or indirectly (fot example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing. necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation L_ 1 U X [.:_1 (1 (1 x [J 'l'he proposed project is a nine -unit residential housing development, at a density of approximately 12.7 units/acre. As such, no significant increase to population within the City would be expected as a result of the proposal, since `S the density increase would be three units above the six units permitted within the General Plan. Also, while the development would result in some new population growth on the proposed property, the homes would not require 94 Initial Study - Page 15 of 19 the extension of roads or other infrastructure, other than on site, to accommodate the additional density on the site. In addition, the proposed development would be consistent with goals of the I -lousing Element of the General Plan to provide affordable housing and would contribute to achieving Regional Ilousing Needs Assessment (RIINA) criteria for the City. The proposed project would not displace substantial numbers of people or housing, as the project includes the addition of housing on a site that is currently improved with only one single-family home_ As such, there no impact expected as a result of this project. (Sources: 1, 2, 4, 13) XIII. PUBLIC SERVICES Potentially Less Than I,ess Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? f. I L i L J X Police protection? L L. I X Schools? X Parks? s. i . X Other public facilities? Li I I 1 X The proposed project would not result in adverse impacts to public services. The project site is currently and will continue to be served by the National City Fire and Police Department. The closest Fire Department is 4 blocks away at Euclid Avenue and 24th Street. Estimated response time would he equivalent to current levels, which is within the goals of the General Plan. The development will generate impact fees specifically slated for public services that will supplement any additional requirements brought about by the development; therefore, there is no significant impact. The proposed project would result in no impacts to City schools or parks, as the proposed 9-unit residential project would be expected to result in a negligible additional of school children or population in the area. (Sources: 1, 2, 4. 14) XIV. RECREATION Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? 95 Initial Study - Page 16 of 19 accelerated? b) Does the project include recreational facilities or require the construction or expansion of recreational facilities which might have an adverse physical effect on the environment? 1... J 1.I. x •Irr► The proposed project includes the construction of 9 single-family homes on individual lots, each with private. fenced yards. As such, the project includes sufficient private open space on -site for use by residents to meet City requirements. The project is located within walking distance to Las Palmas Park, which offers sports fields and open recreation, on the opposite side of 805 from the proposed development, approximately 8 blocks away. As such, the proposed residential use of the project site would not substantially increase the use of local recreational facilities, necessitate construction of additional recreational facilities, or remove or impact existing facilities in the surrounding area; therefore, there is no impact. (Sources: 1, 2, 4) XV. TRANSPORTATION/TRAFFIC Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Result in inadequate parking capacity? g) Conflict with adopted policies plans, or prograrns supporting alternative transportation (e.g., bus turnouts, bicycle racks)? Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation L_1 f:1 x According to a review of the potential circulation and traffic impacts by the National City Transportation Engineer, the proposed project would not cause a significant increase in traffic. While the addition of homes to a currently undeveloped site would result in an increase in trips (approximately 108 average daily trips), with such a low increase in trips, a full traffic study is not warranted, surrounding roadway segments would he expected to continue to operate under capacity, and the existing roadways will adequately serve the project. Project plans include development of multiple driveways on the site; five individual driveways from Grove Street and one shared driveway for the other four homes extending from Prospect Street. The shared driveway also.,% includes access to individual driveways, as well as fire access and turnaround space for private vehicles. Parking lot the new homes is provided in two -car garages. The new private driveways proposed within the site will be designed 96 Initial Study - Page 17 of 19 designed in accordance with private road standards acceptable to the City Engineering and Fire Departments. In addition, the parking spaces proposed on -site accommodates each of the new 9 single-family homes, per the City Land Use Code Section 18.58, which requires 2-3 spaces per lot depending on the size of the home. Therefore, there is no impact. The proposed project does not contain any components that would result in a change in air traffic patterns; therefore. there is no impact. As a single-family development, the proposed project would also not conflict with any adopted policies, plans or programs supporting alternative transportation and therefore, there is no impact. (Sources: 1, 2, 4, 14) XVI. UTILITIES & SERVICE SYSTEMS Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) 1-lave sufficient water supplies available to serve the project from existing entitlements and resources, or arc new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact Incorporation 1' 1.1 I1 x The proposed subdivision is located on an improved property located within an urbanized area with existing utility services, including water and wastewater facilities. Comments received from City staff and Sweetwater Authority indicate that capacity exists to handle the needs of the proposed homes. Therefore, the project would have no significant impact. Also, new construction would be designed and constructed to include hest management practices (BMPs) to appropriately handle wastewater and not exceed wastewater treatment requirements of the San Diego Regional Water Quality Control Board: therefore, there is no impact. The proposed project site would be served by EDCO, the local waste collection and recycle company. Also, the proposed project would comply with all federal, state, and local statues and regulations related to solid waste. (Sources: 1, 2, 4, 14) 97 initial Study - Page 18 of 19 XVII. MANDATORY FINDINGS of SIGNIFICANCE a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare of endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly of indirectly? Potentially Less Than Less Than No Significant Significant w/ Significant Impact Impact Mitigation Impact 41111510 Incorporation x [ .! [._! [__i x No significant impacts to the environment as a result of this project have been identified. Approval of the project is not expected to have any significant impacts, either long-term or short-term, nor will it cause substantial adverse effect on human beings, either directly or indirectly. Noire 98 Initial Study - Page 19 of 19 REFERENCE SOURCES: Reference # Document Title 1 National City Cieneral Plan 2 City of National City Municipal Code 3 City of National City Design Guidelines 4 Grove Street Subdivision Project Plans (2007-59 S, IS) 5 US Fish and Wildlife Wetland Mapped System (http://wetlandsfws.er.usgs.gov/wtlnds/Iaunch.httnl) 6 FEMA Map Service Center (www.fema.gov) 7 l listoric Properties Survey for the City of National City, prepared by Anne fierce Cooper, Historical Researcher, dated December 1994 8 2004 Triennial Revision of the Regional Air Quality Strategy for San Diego County, July 2004 9 Air Quality in San Diego County, Air Pollution Control District for San Diego County, 2006 10 California Department of Conservation, California Geologic Surveyy (CGS) website http://www.conservation.ca.gov/cgs/Pages/lndex.aspx I I Environmental Assessment Form for project 12 Co. of San Diego Department of Enviromnental Health website (www.sdcounty.ca.gov/deh/) 13 National City 2005-2010 Housing Element, December 2007 14 Comments from National City Fire, Building, & Engineering Departments and Sweetwater Authority 15 2007 California Building Code, Title 24 Part 2 National City Building Dept. Available for Review at: National City Planning Dept. 1243 National City Boulevard National City, CA 91950 National City Planning Dept. National City Planning Dept. National City Planning Dept. online online National City Planning Dept. National City Planning Dept. National City Planning Dept. online National City Planning Dept. online National City Planning Dept. National City Planning Dept. 99 CALIFORNIA POI. FfI(Al, CONS('LTI'VG GROI`1' October 30, 2008 Mr. Arnold Schmidt 3175 Cauby Street, Suite 90 San Diego, CA 92110 Re: Keyser Marston and Associates Report Review Dated October 28, 2008 2121 Grove Street- Affordable Housing Density Bonus Analysis Dear Arnold: Thank you for the opportunity to work on your proposed development project located at 2121 Grove Street, National City. Your concerns are related to the use of California Government Code Section 65915. As I stated to you in our phone conversation, I wrote the law and worked closely with Senator Dennis Hollingsworth, the author of SB 1818, Statutes of 2004 (Chapter 928), to enact the substantive statutory changes in what is popularly termed California's Density Bonus Law. In accordance with your request I have read and analyzed the Keyser Marston and Associates (KMA) analysis of the above referenced project. In large part KMA analysis is based on determining "financial feasibility and economic impact of the Developer's Proposed Plan and the City Alternative Plan". KMA argues that the applicant's cost "estimates appear understated" and most importantly, KMA observes: all three -development scenarios "are not financially feasible in the current market". As the draftsman to the enabling statute 1 proffer an alternative interpretation of the state Density Bonus law. This interpretation was argued before the state Legislature and is embraced in numerous publications that have assiduously studied the provisions of the enabling legislation. Those publications include and are not limited to the American Planning Association, CA Chapter, John English's study for the City of Berkeley, Barbara Kautz of Goldfarb and Lipman LLP, and an MCLE course for members of the State Bar. The KMA report produced the following key findings. The key findings will be in bullets and I will respond with the below numbered paragraphs. • The Developer's cost estimates appear understated for all three scenarios. 1. This analysis by KMA is not germane to the proposed project because we are not asking for a waiver based on economic feasibility. The development waivers requested are either concessions provided by section (d), or incidental to the increased density. The project is not being funded by the public funds directly or 1730 Capitol Avenuelkcramento, CA 95814 916.447.7229 • www.calpcg.com 1 wo) 6)dleYMMM • 6ZZL•LIiI•9l b18S6 V) 'oluawea)eS 'anuany lollde) ufL1 indirectly. The project has private funding through banks. Also the financial analysis made by KMA has been nullified by its "limiting conditions" provided on page 11 number 3. "The analysis contained in this document is based, in part, on data from secondary sources such as state and local government, planning agencies real estate brokers, and other third parties. While KMA believes that these sources are reliable, we cannot guarantee their accuracy." Furthermore, Paragraph (f) states that the applicant shall show that the waiver or modification is necessary to make the housing units NOT the entire housing development economically feasible. Housing development is defined in paragraph (j). Paragraph (j) states in pertinent part: "The density bonus shall be permitted in geographic areas of the housing development other than the areas where the units for the lower income households are located." The APA (American Planning Association CA Chapter) advises all planning departments in the state: "Local agencies should, therefore, require that applicants provide financial data showing that the proposed waiver or modification is necessary to make the AFFORDABLE UNITS (emphasis added) economically feasible." If the law had stated in (f) that the feasibility test was based on anything else than paragraph (f), it would have required that the test was to be based on the development NOT the dwelling units. • All three development scenarios, assuming development of the Site as rental housing, are not financially feasible in the current market. 2. Paragraph (f) of Section 65915 provides "The applicant shall show that the waiver or modification is necessary to make the housing units economically feasible." In this scenario KMA would review the affordable housing unit, not the other Market Rate units in the development. From the effective date of this paragraph planning agencies have determined that the economic analysis is to be restricted to the affordable unit NOT all units in the proposed development. The "affordable unit" is also price restricted as provided in California law. The price restriction is recorded against the property. Economic feasibility analysis should only be performed by real estate experts and the financial institution making the loan to the property owner. Additionally, demonstrating economic feasibility is moot because the affordable unit is: 1) subject to price controls and; 2) can only be rented to qualified households. Further, it is extremely important to note that on January 1, 2009 a new statute becomes effective which deletes paragraph (f) from state law. The state legislation that makes this change in law is AB 2280. The measure was successfully carried by the Chair of the Assembly Local Government Committee. The author of the bill argued that paragraph (f) was unnecessary and confusing for applicants and local government. • The concessions requested by the Developer are expected to increase ioi 2 project feasibility by creating a more marketable site plan configuration, thereby achieving value premiums. 3. I would agree with this finding. • Development costs associated with the requested concessions such as changes in building footprint, common walls, interior stairwells, roof surface area, etc., are relatively minor and in aggregate would not likely result in measurable cost reductions for the Developer Proposal. 4. The financial analysis is clear that the requested concession would reduce development costs and provide for rents for the affordable unit to be set as specified in subdivision (c). A concession or incentive is defined in section,(I),(1) "A reduction in site development standards or a modification of zoning code (emphasis added) requirements or architectural design requirements that exceed the minimum building standards approved by the California Building Standards Commission as provided in Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code, including, but not limited to, a reduction in setback and square footage requirements and in the ratio of vehicular parking spaces that would otherwise be required that results in identifiable, financially sufficient, and actual cost reductions." Cost is the financial burden placed on the developer to build the project with the affordable unitis. Anything that reduces the construction cost, or increases the return of investment to the developer is a concession or incentive. The density bonus law is an excellent example of an incentive. The law assists developers by allowing additional units to be built on real property therefore reducing land costs. The project proposal is not proposing to reduce the cost of material associated with construction, the use of alternative material but the layout and density of the cost of land and therefore by its terms, has reduced the cost of the dwelling to be made affordable for badly needed housing for lower income households for decades. The requested concessions do not result in "identifiable, financially sufficient, and actual cost reductions" as required under State density bonus law. 5. The financial analysis by the developer is clear that the requested concession would help with affordable housing cost. The KMA report is limited by their own admission under page 11 of the KMA report "limiting conditions" number 3, "The analysis contained in this document is based, in part, on data from secondary sources such as state and local government, planning agencies real estate brokers, and other third parties. While KMA believes that these sources are reliable, we cannot guarantee their accuracy." The developer by his own analysis and experience as well as his collaborating analysis by independent bankers and appraisers guarantee their findings. Both KMA's analysis and the developer's analysis identify higher financial gain with the vire 1730 Capitol Avenuelhcramento, CA 95814 916.447.7229 • www.calpcg.com 3 concessions and incentives requested by the applicant. The KMA report has also reviewed the requested concessions and incentives. The report states that the City directed KMA not to review the third concession as the density bonus law would require 15% (2 units) of the project to be reserved for very low income households in order to receive three concessions. The calculation of the number of units by the City and KMA is incorrect. The correct math is as follows for calculating the number of concessions. 1 unit is proposed to be reserved for a very low income household. The total number of units allowed on the property is 6. 1 divide by 6 equals 16%. The project does qualify for three concessions or incentives as it provides 16% of the total units for a very low income household. The number of concessions or incentives is calculated on the base number of units as defined in section g (5) "total number of units or total dwelling units does not include units permitted by a density bonus awarded pursuant to this section or any local law granting a greater density bonus." In other words, your concessions and incentives are calculated on the base number of units prior to the added density afforded by government code 65915. To further underscore this point the law precisely sets forth the method of calculation. In conclusion my opinion is that the report from KMA unfortunately misinterpreted state law and analyzed terms not germane to the project. The density bonus law was put in place to provide incentives to developers to build affordable units in California. Your project is precisely what the legislation had in mind when it enacted the law. Sincerely, Ronald M. Kingston 1730 Capitol Avenuei,cramento, CA 95814 916.447.7229 • www.calpcg.com 4 SUMMARY OF DESIGN ANALYSIS 'Ibis Summary provides important information regarding the anticipated rates of return based upon stated assumptions and alternate design. This Summary provides financial information on the following: A. Six unit plan with no density bonus; 13. Alternate of unit design with density bonus; and C. Currently proposed nine unit design with density bonus. Six Units With No Density Bonus As part of the analysis of the project, we took a look at the site and developed a site plan and financial based upon no bonus density and building, within all current zoning and construction requirements. In summary, the land cost remains constant at $1,175,000. Building costs are estimated at $1,185,097 with invested capital of $590,024. Using a rental analysis, the project shows a negative rate of return of-0.03%. Clearly, this project is not feasible. Alternative Design This next section deals with an alternate design suggested by the City Planners to minimize the need for reduced side yard setback modifications. We took on the alternative design suggestion and found the following. In this alternative design we took one of the T units that front Grove Street and moved it to the interior of the development. The T unit footprint does not fit in the interior of the project so we have used an A unit footprint instead. A site plan showing the same is attached hereto as Exhibit 1. Removing the 'T unit off of Grove Street and relocating it in the interior does eliminate the need for the side yard setback modification. The alternative design increases the backyards to the remaining T units and makes available the option for additional windows where the setbacks were 0'. This increases the value of the remaining 'I units but we believe the value cannot be obtained due to a ceiling in the market. We also loose a unit with views, and 117 square feet of living space when swapping a T unit for the A. The units in the back of the project loose open space, privacy, parking, and the overall feel is crowded. The units on Grove where designed to feel and show as row homes which are more urban in design. This compact feeling on Grove is offset economically by views and the additional living space. By adding an additional unit to the homes in the hack the suburban feeling is eliminated. The design of these homes loose their marketability and rent potential dramatically as illustrated in our financial analysis. A discussion of the design review process and related impacts is included in a letter from Rick Vandcrvort, architect, and an appraiser's opinion attached hereto as Exhibit 2. In the end analysis, the alternate design with density bonus is better than a six unit project 104 1 without a density bonus. In summary, construction costs would be estimated at $1,778,236 with increased vested capital of $738,309. The projected rate of return using a rental analysis would he 2.63%. At this rate of return, the project would still not he feasible. Current Design The proposed current design is the only configuration which offers a rate of return that makes the project financially feasible. The proposed design shows (ive row homes fronting Grove Street and four homes in the rear one of which abuts Prospect Street. A site plan is attached hereto as Exhibit 3. The row homes are 2414 square foot with views of the pacific -ocean, downtown, the Coronado Islands, and the Coronado Bridge. The homes have four bedrooms and three and one half baths. In the interior the design is three homes with three stories and the use of the existing two story home contiguous with Prospect Street. The three story homes are 2297 square feet with four bedrooms. There are views to the west on the third story. The existing home has five bedrooms and three baths without any view potential. Clearly, the design maximizes the use of the site and westerly views. 'the proposed original design according to Mr. Vandervort assures that eight of nine dwelling units will have this amenity. Furthermore, the original design reduces noise infiltration to the cottages and private backyards. The economic analysis also shows significant improvement over the six unit and nine unit alternate design. Under this design estimated building costs are $1,767,590 with invested capital of $735,637. The rental analysis rate of return increases to 529% on an annualized basis. CONCLUSION In summary, the three projects show the following financial characteristics: Project Total Develop Costs Rate of Return 1. Six Unit $2,360,098 (-0.03) 2. Nine Unit (alternate) $2,953,236 2.63% 3. Nine Unit Proposed $2,942,590 5.29% Based upon a detailed review of the project including input from the project architect, Rick Vandervort, it is abundantly clear that only the proposed nine unit projects with bonus density and all incentives has any chance of being feasible. Furthermore, the design provides one quality unit that meets all criteria for very low income housing thus providing a secondary benefit of the community. 105 2 EXHIBIT 1 r..r+ ALTERNATIVE SITE PLAN 1 LOT 1 3,208.50 S.F il31:1iI1 _ _LP T_ II_ : ;I I111:1Pl LOT 3 3.208.50 S.F T2 UNIT "'LOT 5 3.T.17 S.F. UNIT A LOT 81` 2.602 S.F. LOT -4=-- 3,339.94 S.F. T2 \ NIT A LOT 6 :4,493 S.F UNIT A LOT 7 3,403 S.F. ❑ tears LOT 9 s 5,306 5 F. ' �. o -a — UNIT B. _ f EXHIBIT 2 LETTER FROM PROJECT ARCHITECT OPINION OF APPRAISER NS .401 Rick Vandervort Architect 31,15 ,h/firprer Stif,01 San Diego, CA 52101 August 8, 2008 Arnold Schmidt 3175 Cauby Street, //90 San Diego, CA 92110 Re 2121 Grove Street National City, California Dear Arnold, Upon your request to analyze an alternative design for a proposed residential development located at 2121 Grove Street in National City, I offer the following observations. We must first acknowledge that the replacement of one town home fronting Grove Street with an additional cottage located on the interior portion of the site would allow the remaining townhomes to be fully detached. There would he some design benefits to the remaining town homes, such as increased light and ventilation. However, the alternative site design would in turn have negative impacts to the cottage residences on the eastern half of the site. The placement of an additional cottage on the eastern half of the site would significantly impact the size of yards, resulting in a loss of privacy, increased vehicular traffic and impervious site area, along with a visual impact to open space. The net result would be a devaluation of the cottage component to this site development plan, which becomes a significant impact when considering that five of the nine dwelling units would be negatively impacted. The four town home configuration proposed on the alternative site plan would result in a negative impact to the environmental quality of the cottages by allowing a higher level of noise impact from the Interstate 805 freeway. The primary living spaces within the town home unit floor plans are configured with emphasis towards each end wall to capture the western views, balanced with a strong visual connection to private interior back yards. Adjoining town homes would be constructed with a physical separation and acoustic properties to effectively mitigate noise transmission between units. The proposed site development fronting Prospect Street is consistent with the existing fabric of single family homes and rnid block in -fill residences served by flag lot driveways. The size and orientation of yards with four cottage residences on the original site plan provides adequate separation between dwelling units, optirnizes solar orientation and privacy. 109 August /, 2008 2121 Grove Street Page 2 of 2 The redevelopment of this site, reminiscent of a coastal bluff, rnust consider that the rnost valuable asset is the westward views of the waterfront, downtown San Diego, the western horizon and sunsets. Therefore, the most import criteria for the placement of dwelling units is the view orientation, typical to coastal development throughout San Diego County and Southern California. The original site plan assures that eight of nine dwelling units will have this amenity. The original site plan is configured to reduce noise infiltration to the cottages and the private backyards of the townhornes. The western street wall of the townhomes would be constructed with acoustic values adequate to mitigate the noise within each dwelling unit. • The westward views from the townhomes would off -set the negative impact of the freeway in the valuation of these dwelling units. In summary, the proposed site development plans result in essentially the same project with regard to the existing neighborhood and adjacent properties. However there would be a significant devaluation with the changes proposed in the alternate site plan as result of diminished views and loss of open space. The configuration of the original site plan provides two distinctly different housing products, appropriate to the overall context and geographic features of the site that will enhance marketability and the potential for success of this project. Although the Grove Street townhomes are configured to maximize view opportunities, regarded as the most desired aspect of Southern California coastal living. The Prospect Street cottages preserve the fabric of the existing neighborhood and offer the desirable aspects of a more suburban community with detached single family residences and private yards. I find the original site development plan optimizes economic viability while providing a quality residential environment that meets appropriate long range planning objectives for the inevitable future growth and urbanization of the community. Regards, Rick Vandervort Architect Oflrce 619 795 8421 Cellular 858 354 0460 rvanarchPcox.nel 110 THE SAMPPALA GROUP Rea/ Estate .1pprursals & Consultation August 11, 2008 Arnold Schmidt 3175 Canby Street, #90 San Diego, CA 92110 RIB.: t:onsultation 2121 Grove Street, National City, CA Dear Mr. Schmidt: As requested, I have reviewed materials provided by management and the project architect. 1 have also researched public record information and in office files as they relate to a nine (9) lot development of this type. After considering all of the above, I have concluded that the alternative site design would prompt a lowering of rent potential and diminution in value. Mr. Vandervort, Architect, states the following: "The placement of an additional cottage on the eastern half of the site would significantly unpact the size of yards, resulting in a loss of privacy, increased vehicular traffic and impervious site area, along with a visual impact to open space. The net result would be a devaluation of the cottage component to this site development plan, which becomes a significant impact when considering that five of the nine dwelling units would be negatively unpac ted. The four town home configuration proposed on the alternative site plan would result in a negative impact to the environmental quality of the cottages by allowing a higher level of noise impact from the Interstate 805 freeway." From an economic standpoint the physical deficiencies noted by Vandervort would translate directly to a lowering of expectations and income production. For an income property of this type, overall value will be lower than that which would be achieved under the original design. Aside froth the loss of income and value, it is also my opinion that the alternative design will not encourage stability of income. Privacy, view corridors and open space amenities tend to he attractive to tenants, just as they are to potential owners. As originally design, a higher sense of pride in residency will he likely. Such stability and durability of income generally results in a lowering of overall capitalization (risk) rates and thus higher value. In summary, it is my opinion that the alternative design is not economically prudent and would not be an appropriate use of the site from a feasibility standpoint. I have attached some exhibits to this letter of consultation. Please call, if you have any questions. 4895 SAVANNAH STREET, SAN DIEGO, CA 92110-3824 TELEPHONE: 619/275-0967 FAX: 619/275-5200 E-MAIL: davidirisamppala.com 111 Arnold Sihmrdl Ccnsu/lalion 2121 Grove .A ;,., i 1 I. 2008 Sincerely, David R. Samppala, MAI 'I'FIE. SAN1PPAi.A GROUP THE SAMPPAI,A GROUP 112 An;old Crhmul CJ2!N �(d(1 or; a 111 (, rove ,S.:rret Asu(r 11, 2008 CERTIFICATION I certify that, to the hest of my knowledge and belief: I) The statements of fact contained in this report are true and correct. 2) The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are my personal, unbiased professional analyses, opinions and conclusions. 3) 1 have no present or prospective interest in the property that is the subject of this report, and I have no personal interest or bias with respect to the parties involved. 4) My compensation is not contingent upon the reporting of a predetermined value, requested minimum valuation, or direction in value that favors the cause of the client, the amount of the value estimate, the attainment of a stipulated result, or the occurrence of a subsequent event, including approval of a loan. My analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice and the Code of Ethics of the Appraisal Institute. 6) The use of this report is subject to the requirements of the Appraisal institute relating to review by its duly authorized representatives. 7) The undersigned has the necessary training and experience to complete this consultation assigmnent in a competent manner. 8) As of the date of this report, I, David R. Samppala, MAI, have completed the requirements under the continuing education program of the Office of Real Estate Appraisal of the State of California. 9) I have made a personal inspection of the property that is the subject of this report. 10) Other than those who signed this report, no one prepared the analysis, opinions Or conclusions that are set forth in this appraisal report. RESTRICTIONS UPON DISCLOSURE AND USE Disclosure of the contents of this appraisal report is governed by the By -Laws and Regulations of the Appraisal Institute. Neither all nor any part of the contents of this report (especially any conclusions as to the value, the identity of the appraiser or the firm with which he is connected, or any reference to the Appraisal Institute) shall be disseminated to the public through advertising media, public relations. news media, sales media, or any other public means of communication without the prior written consent and approval of the undersigned. David R. Sarnppala, MAI State Certified Real Estate Appraiser Certificate #A0002006 THE SAMPPALA GROUP 113 1 61 --- $ 182e4o-- 32 12* m p, 09/ ' • I 1 241 -- 16 • -7 2121 GROVE STREET 114 • , O co INTERSTATE Q 0 } 60 I 0 60 2 $ 20TH STREET •8' R 3i j �-- 47,, / 0 'J'ro ` 4e .r r - li 1 S16 — -- .6 -- i () 4 45 s 4 4 : t �L O 6 r •7 5 Dcr. __ 9 ___67t 1 4 t (_3, ,„„ 0 `JP 8 4/ t �, 90 44 BLK /0 3° /' 380 a �9 C 6 1 2 32 a ,,.• /3 /4 30 3� 0 15 34 2a 16 33 17 32 18 + 31� 19 30 _tt «, PM 20208 97 PAR 1 25 LAY 47 laQw PAR 3 90 PAR 4 28 27 Ai!7 62 19831 PM20208 PAR 2 4 26 12,20 /71.48 71995 22 t2 STREET b 1- u. w a cr 0 60 115 Property Details For Property Located At 2121 Grove St National City, CA 91950-6124 San Diego County Owner Info: Owner Name Schmidt Arnold J Recording Date: 07/16/2007 Tax Billing Address Po Box 14224 Annual Tax: $9,876 Tax Billing City & State Tulsa Ok County Use Code: 1 Family Residence Tax Billing Zip: 74159 Universal Land Use: SFR Tax Billing Zip+4: 1224 Location Info: Tract Number 1784 Flood Zone Panel 0602931912E Subdivision Westview 01 School District: Sweetwater Un Zoning: 4 Map Coordinates: 1310-B2 Census Tract: 121.02 Carrier Route: C013 Flood Zone Code: X Flood Panel Date: 06/19/1997 Tax Info: Tax ID• 561-380-24-00 Total Assessment $900,000 Tax Year 2007 % Improv: 28% Annual Tax. $9,876 Tax Area: 06000 Assessment Year. 2008 Legal Description: (Ex Doc71-285422)lots 30 Thru 34&AII Of Lots 15 Thru 19 Blk 1 Land Assessment: $650,000 Lot Number 15 Improved Assessment $250,000 Block ID: 1 Characteristics: Lot Acres: .83 Sewer: Public Service Lot Sq Ft 36154.8 Heat Type: Floor Furnace Building Sq Ft 2,007 Porch: Porch Stories 1 Garage Type: Garage Condition. Average Garage Capacity: 1 Quality. Average Roof Material: Composition Shingle Total Units: 1 Exterior: Stucco Total Rooms. 6 Floor Cover: Carpet Bedrooms 4 Foundation: Raised Total Baths: 3 Effective Year Built: 1930 Full Baths 3 Topography FIaULevel Fireplaces 1 Other Impvs: Porch Water. Public Other Rooms. Dining Room, Den, Attic Last Market Sale: Recording Date. 07/16/2007 Deed Type: Grant Deed Settle Date: 05/14/2007 Owner Name: Schmidt Arnold J Sale Price: $1,175,000 Seller: Estolano Family Trust Document No• 473313 Price Per Sq Ft $585.45 Sales History: Recording Date: 07/16/2007 07/16/2007 11/21/2006 11/21/2006 Sale Price $1,175,000 Nominal: Y Y Y 116 SalelTax Stamp Type: Multi/Split Sale Type Buyer Name: Seller Name. Document No Document Type. Mortgage History: Mortgage Date Mortgage Amt. Mortgage Lender Mortgage Type Full Partial Partial Schmidt Arnold J Schmidt Arnold J Estolano Family Trust Schmidt Valerie A 473313 Grant Deed 07/16/2007 $624,000 Countrywide Hm Lns Inc Conventional 473312 Interspousal Deed 06/14/2005 $552,000 North Island Fin'I Cu Conventional Courtesy of DAVID SAMPPALA Sandicor Estolano Family Trust Estolano Mario P & Nancy 829894 Quit Claim Deed 04/29/2003 $200,000 Secured Bankers Mtg Co Conventional Unknown Estolano Mario P & Nancy Estolano Mario P & Nancy 829893 Quit Claim Deed 02/20/2001 $130,000 Provident Svgs Bk Fsb Conventional The data within this report is compiled by First American CoreLogic from public and private sources. If desired, the accuracy of the data contained herein can be independently verified by the recipient of this report with the applicable county or municipality 117 Curriculum Vitae DAVID R. SAMPPALA, MAI Real Estate Appraiser/Forensic Real Estate Consultant AFFILIATION' President, The Samppala Group DESIGNATIONS / LICENSES' Member, Appraisal Institute (MAI), Currently Certified Certified General Real Estate Appraiser, State of Califomia/Anzona Member, International Right -of -Way Association (IRA/VA) EDUCATION' Seattle University, Master of Arts, 1976 University of Washington, Bachelor of Arts, 1974 Appraisal Institute/ International Right -of -Way Courses, Examinations & Seminars- • Valuation of Detrimental Conditions • Federal & State Laws & Regulations • Standards of Professional Practice A, B & C • Advanced Case Studies- Partial Acquisitions • Skills of Expert Testimony • Easement Valuation • Mock Condemnation Trial • Limited Appraisals/Reporting Options • Litigation Appraising Seminar • Narrative Report Generation • Licensing/Certification Course • Litigation Valuation Course • Master Planned Communities • Valuation of Contaminated Properties (2) • Environmental Contamination in Real Estate • Case Update & Courtroom strategies • Residential Design & Functional Utility • Market Trends - Southem California • FHLBB Regulations • Valuation of Hotels & Motels • FHLBB R41b and R41C Seminars • Litigation Seminars - San Diego • Comprehensive Examination • Demonstration Appraisal Report • Case Studies in Real Estate Valuation • Valuation Analysis & Report Writing • Income Property Valuation • Principles, Methods & Techniques • Tax Assessments & Appeals • Economic Forecasting • Real Estate Disclosure Training • Partial Interest Valuation (Divided) • Residential Property Construction & Inspection • Research Strategies EMPLOYMENT' • 1998 - Present • 1987 - 1997 • 1982 - 1987 • 1980 - 1982 • 1979 - 1980 • 1976 - 1979 • 1972 - 1976 • 1968 - 1971 Real Estate Appraiser/Consultant - The Samppala Group, San Diego President, David R. Samppala, Inc. dba The Samppala Group David R. Samppala, Inc., associated with G.S. Kibbey & Associates President, Samppala Company, Appraisals & Consultation Real Estate Analyst, Coldwell-Banker, Real Estate Appraisal Services Manager/Chief Appraiser, Stewart L. Clark & Associates, Inc., Seattle Advisor, Bellevue Community College, Bellevue, WA Airborne Intelligence Linguist, Combat Crew, USAF Security Service UPDATE!) Marc Ji 006 DAVID R. SAM11I8AL.A, MAI COURT QUALIFICATIONS I Qualified as expert witness in San Diego Superior Court, Orange County Superior Court, Santa Barbara Superior Court, Riverside Superior Court, United States District Court, United States Bankruptcy Court, Family Court and County of San Diego Assessment Appeals Board. Testimony offered in jury and non -jury trials as well as numerous depositions. Specific cases and attorneys available upon request. Participation in settlement conferences, mediation and arbitration. EXPERTISE' Experience in appraisals of most types of commercial, industrial and residential properties with a wide array of expertise in appraising special purpose properties. Extensive work on eminent domain/condemnation, soils contamination, soils subsidence, environmental/mitigation land, construction defect cases and general litigation matters such as fraud, appraiser malpractice and dissolutions. Typical clientele include lenders, developers, judges, attorneys, government agencies, larger corporate entities and assessment bond underwriters. Nationwide assignments are accepted with primary emphasis in Southern California and Arizona. EXPERT WITNESS DESIGNATION' David R. Samppala, MAI accepts potential litigation assignments from plaintiffs, defendants, and their attorneys and, in certain cases, the court itself. Availability, capability and conflicts -of -interest should first be mutually addressed prior to actual designation as an expert witness in any case. • • • • • • • • • • • • • • • • • • • • • • • ♦ • • Ashley, Brady & Cerneglia Adler & Marrinan Aiken & Pinnegar Asaro, Keagy, Freeland & McKinley Barry and Pike Beals, Bruce M. Berger. Kahn, Shafton, et al Benjamin & Sutton Bostwick, Jeffrey Brandon, Wilson & Muns Brobeck, Phleger & Harrison Brown & Brown Buchbirider, David L. Butz, Lucas, Dunn & Enright Caltrans Legal - Raili Cook. Sam Law Castillo & Guevara Chapin, Fleming & Winet Churchill, Kaplan & Roberts Clark & Morris Clingman, David Cooksey, Howard, Martin & Toolen Coughlan. Semmer & Lipman Dietrich & Gilmore Ditty, Anthony Donahue. Gallagher Woods Dunwoody, Dana Duckor Spadling & Metzger Deutsch & Associates Duke, Gerstel, Shearer & Bregante Edwards, Sooy & Byron English & Gtoven Epsten & Grinnell Eppsteiner & Associates Fay and Lawler Fennemore Craig Fisch, Joseph J Fischbeck. William L. Fleming, Chapin & Winet Ford, Walker, Haggerty & Behar Fox, Frank • • • • • • • • • • • • • • • • • • • • • • • • • • • • ATTORNEYSI Glavis & Bloom Gerson, Gordon L. Goebel, Louis Grijalva. Ernesto Green, Daniel K. Green & Adams Greenfield, Kenneth Gray, Cary, Ware & Freidenrich Greco & Traficante Douglas Grinnell Haasis, Pope & Correll fiagenbaugh & Murphy Hennigan, Michael Herring & Loftus Hervey, Wood & Cheatum Higgs, Fletcher & Mack Hillyer & Irwin Hinchy, Witte, Wood, Anderson Hecht Solberg Robinson Goldberg Bagley IRS - Department of Justice Jennings, Engstrand & Henrickson Jensen and Roth Johnson & O'Connell Kennerson, Schwartz, Semerjian & Haile Kershek, Denny Koeller, Nebeker, Carlson & Haluck Kolodny & Pressman Kornfield, Paul & Bupp Larabee & Gruenberg Latham & Watkins Lindley, Lazar & Scales Long & Williamson Lorber, Grady Luce, Forward, Hamilton. Scripps Mathews, Bergen & Grier Marvin Mitchelson McClintock, Weston McCormick and Mitchell • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • McDonald, Hecht, Solberg McDougal, Love. Eckis McDougal & Associates McGregor & Garrie McInnis, Fitzgerald, Rees Milberg, Weiss, t3ershad, Hynes & Lerach Muns, Mehalick & Lynn O'Halloran and Jones Payne & Fears Peterson & Price Potter, Day & Associates Pillsbury. Madison & Sutro Post, Kirby, Noonan & Sweat Procorpio, Cory, Hargreaves Ritchey, Fisher, Whitman & Klein Royce, Grimm, Vranjes Salas, Daniel San Diego City Attorney San Diego County Counsel Schall, Boudreau and Gore Silldorf Shinnick and Duignan Simpson, Delmore & Greene Solomon, Ward, Seidenwurm Stephenson & Prairie Stutz, Gallagher & Artiano Styn and Garland Sullivan, Cummins Testa & Associates Thagard & Reiss Thompson, Peter Thompson & McIntyre Thornton, Cynthia Thorsnes, 8artolotta.McGuire Walton, Otteson, Meads White, Daniel M Wingert, Grebing, Anello Winters & Associates Wohlfiel, Joel Wright & L'Estrange UPDATED: March2006 DAVID R. SAMPPALA, MAI 119 APPRAISAL STANDARDS & ETHICS' Appraisals and appraisal assignments completed by David R. Samppala, MAI, conform and are subject to the Uniform and Supplemental Standards of Professional Appraisal Practice and the Code of Professional Ethics of the Appraisal Institute. All appraisal and consultation work is held in the strictest confidence and is completed without bias and prejudice. David R. Samppala received the MAI designation in June 1986 and is currently certified through the Appraisal Institute. State Certification was initially obtained in December 1991 State of California certification is valid until March 2008. • Aetna Casualty & Surety • Allstate • Ahmanson Commercial Dev. • American Assets • American Valley Bank • Ameresco • A.T & S.F. Railroad • Atlas Hotels • Baldwin Company • Bank of America • Bank One, Arizona • Bank of California • Bank of Southern California • Banque National de Paris • Barclays Bank • Roy Scouts of America • Broe Communities • California- American Water Co. • California Transportation Ventures • Cardiff School District • Catellus Residential Group • Center City Development Corp. • CIGNA • Coldwell Banker • Collins Development • Coopers & Lybrand • California Commerce Bank • Caltrans • California Water Company • Chemical Bank • Chrysler Realty Corporation • City of Carlsbad • City of Chula Vista • City of El Cajon • City of Lake Elsinore • City of La Mesa • City of National City • City of Oceanside • City of Poway • City of San Diego • City of San Marcos • City of Seattle • City of Vista • Commonwealth Title GENERAL CLIENTELE • Coopers & Lybrand • Cosby Oil Company • Cubic Corp • Daley Corporation • Diosese of San Diego • Eastlake Development • Eastman Kodak Company • Equitable Real Estate • Farmers Insurance • FDIC • First American Title • 1" National Bank of Chicago • General Services (GSA) • Golden Eagle Insurance • Grossmont Bank • Hahn Estate • Hoescht Celanese Corp. • HUD - San Diego Office • IBM • Independent Order of Foresters • Internal Revenue Service • International Savings Bank • John Burnham & Company • Lucky Stores • MCI • Marriott Hotels • Mashburn Waste • Mayo Foundation • McDonald's Corporation • McMillin Communities • Miramar North Reservoir • Mobil Oil • New York Life • Ninteman Construction • Northern Trust • NRC • Pacific Bell • PacTel Properties • Pioneer Liquidating Corp • Price Company • Proctor & Gamble • Prudential • Ramona Unified Schools • R.E. Hazard Construction • Red Cross • Resolution Trust Corporation • Robbins Research Institute • SANDAG • San Diego Chamber of Comm • San Diego County Park Soc. • San Diego Gas & Electric • San Diego Housing Commission • San Diego National Bank • San Diego Trust • San Diego Department of Education • San Diego Unified Schools • San Diego Water Authority • Sanyo • SDSU Foundation • Scripps Bank • Shearson -Lehman • Solana Beach Schools • Southeast Development Corp. • Southern California Bank • Southern Pacific RR • State Farm Insurance • Superior Court • Sweetwater Union HS District • TCG-Teleport Communications Group • Texaco • TICOR Title • Toronto Dominion Bank • Transamerica • Occidental Life • Trust for Public Lands • Trust Services of America • Union Oil • Union Tribune • University of San Diego • Department of the Navy • US Community Savings • US Marshals Service • US Postal Service • Vestar Properties • Wells Fargo Bank • Western Financial Savings • Western Pacific Housing • Weyerhaeser SPECIALIZED APPROVALS/CONTRACTSI David R. Samppala, MAI has previously been under with the San Diego Association of Governments to provide on -going appraisal services in -lieu of Caltrans staff for SANDAG funded road projects. Mr. Samppala is also under contract with the San Diego Housing Commission to act as the lead/primary contractor for any appraisal work the Commission may require and he has been named as a prime contractor for appraisals from the Department of Navy, the County of San Diego and the City of San Diego. He has also been directly appointed in Federal Court and Superior Court to provide appraisal services related to complex appraisal issues and he has acted as an arbitrator (AAA and JAMS) in binding arbitration. UP1MA1TED March2006 DAVID R. SAMPPALA, MAI 120 • • • • • • • • • • • Alvarado Medical Center Aurora Biosciences Site Anti -Submarine Warfare Base Baldwin Properties Brittany Tower Brown Field Industrial Park Cal -a -Vie Health Resort Camp Pendelton - Pipeline Easement Camp Pendleton --Fiber Optic Easement Centre City Ford Compri Hotel Cornerstone Corporate Cottonwood Hills Cummings Ranches Daley Corporate Center Daley Ranch (3,200 AC) Eastgate Autopark Mall Eastgate Technology Park Eastlake Community Eastlake Greens Elmore Desert Ranch Espirit Del Sol Apartments Falcon Hills Subdivision Fourth Avenue Corp Center Gateway Medical Center Glaze Auto Dealerships - Redlands Golden Tree Apartments the Grove Apartments Hahn Estate liacienda Villas (462 Units) Heritage Park Office Hilton Hotel - Seattle I-5/1-8 Retrofit - Mediation International Public Storage APPRAISALS OF NOTE • Irvine Mazda Dealership • La Jolla Vista Corporate • Lawrence Welk Village MHP • Madison Plaza Shopping Center • Mar Lado Highlands • Meadowbrook MHP • The Meadows MHP • Miramar NAS - Pipeline • Mesa Vista Townhomes • Miramar Ford Truck • Miramar Lincoln Mercury • Miramar Ranch North • Mission Brewery Plaza • Mission Bay Hospital Medical • Mission Valley Financial • Mount Carmel Parish Property • Navy Housing - several • North Chollas Landfill Site • Ocean Hills • Olympic Training Site • Old Town Plaza • Otay International Center • Otay Ranch (19,000 Acres) • Patrician Senior Apartments • Peoples Chevrolet Dealership • Point Loma Convalescent • Pomerado Medical Center • Port District Industrial Land • Rams Hill Country Club • Rancho Carrillo • Rancho Vista del Mar • Reidy Creek Apartments • Major Fast Food Outlets • USN Office Site - PCH • Ridgegate Row Development • Rose Hill Memorial Cemetery • Safeco Building - CBD ♦ St. Paul's Episcopal Home • Salt Creek/Pepper Creek • San Diego Business Park • San Diego County Administration Building • San Diego County Courthouse Sites • San Diego Design Center • San Diego Medical Center • Santa Fe Christian School • Santee Towne Center • Sanyo Building • Scripps Corporate Park • Scripps Villages Master Planned Community • Seaview Corporate Center • South Bay Plaza • Southland Plaza Shopping • State Highway 52 Extension • State Highway 125 (ptn) • Sunbow • Tetios Biotech Building • Tulloch Ranches • USD Property • USD High School • Vallecitos Town Center • Valley Bowling Center • Valley Center Sewer Assessment District • Western University Building • Willow Creek Plaza • SR241 - Freeway R/W RESOURCES' To complete work in a professional, thorough manner, The Samppala Group subscribes to or uses a wide array of resources. Some are noted below: • COMPS. Inc. (Commercial and Residential) • E-Comps Service - Continental US • First American Title Company- CD-ROM Data • First American Title Company Microfiche Data • First American Title Company Flood Maps • First American Titte Company Assessors' Maps • Transamerica Metroscan Data - CDROM & On-line • MLS On-line (Multiple Listing Service) - San Diego • l.easebeat (Lease information Service) • Marshall Valuation Service On-line (Costs) • Marshall Valuation Service Manuals • San Diegn Daily Transcript Archive Subscription • Sandicor Investment Property Data • BOMA Manuals (Office Building Expenses) • ARGUS Software (Discounted Cash Flow) • Market Source (Appraisal Institute) • Appraisal Journal (Appraisal Institute) • San Diego Business Journal • San Diego Daily Transcript • Extensive Appraisal Library • Real Estate Tax Manuals • Southern California MLS - Orange, Riverside, LA • Commonwealth Land Title Information - Nationwide • San Diego Union Tribune Archive Subscription BUSINESS INFORMATION] 'I'iIE SAMPPALA GROUP 4895 SAVANNAH SIKEET • SAN DIEGO, CA 92110-.3824 Telephone: 619/275-0967 • Fax: 619/275-5200 c:PDA7To ,march2(106 DAVII) R. SAMPPALA, MAI 121 EXHIBIT 3 SITE PLAN AS PROPOSED r✓ 20' 1 W Of to 3%a Q m ;ti f) u �a.25• i a e"' 58"W y 195.40 00 N 7Y20'58*E \ 20' ROAD AND UT1UflES EASEMENT • ..: rer.... Nei, 4M6111/KNyy _ '.".fi9ISGt :'4.1011 .Yi w7 fYJ. q--F+�l: '?", .f n.: i 54 W .�-� .•✓"!4.. n LOT 7 2121 GLOVE STREET N;A-,-,CNA;_ CALF O: ,!a EXHIBIT 4 ,,S FINANCIAL DATA EXPLANATION Exhibit 4 Financial Data Explanation The attached spreadsheets are titled; Construction Estimate, Onsite Cost, Financial Estimate, and Financial Estimate Without Density Bonus. The construction estimate spreadsheet was produced using the R.S. Means construction cost estimator, scales of economy, and our knowledge of the construction industry. In this sheet we have estimated the construction cost of the three different unit types; A, Existing 1-Tome, and T for the setup with density bonus and A, B, and C for the units without the density bonus. The units are titled in bold font and followed by the square footage. This number is then modified to accommodate additions such as fireplaces, clay roofs, air conditioning, etc. Finally an average cost of construction is provided. The next sheet is for onsite costs. These costs are the onsite development costs such as driveways, sidewalks, curbs and gutters, etc. On this sheet you will find we have provided two scenarios, one which includes the project with a density bonus, and one without. The third sheet is the financial estimate in which all of our numbers are put together to formulate the rate of return for the project with a density bonus. At the top of the sheet you will find the information for the income or rent based on the different unit types. These numbers were formulated taking into account; locations, views, open space, square footage, and amenities within the project. The numbers are compartmentalized by unit, square feet, cost per sq. ft., income, and finally the unit cost to build the unit. An adjusted gross monthly income is given at the bottom of the sections with a vacancy factor subtracted from the gross income. Following this section there is the analysis assumptions, which is where the financing, taxes and managing of the project is allocated. In this section you find that we assume that we will he able to finance the project after construction with a loan interest of 6.5% for thirty years. This loan would he taken out on the construction cost and lands cost minus a 25% down payment. The next section is the expenses. This is where all of the costs of running the property will be totaled. The expenses arc broken into two categories of monthly and annual expenses. Finally the net operating income and rate of return is provided using the numbers formulated from the sections above. The Net Operating Income (NOI) is provided in a monthly or annual allocation. The annual Net Operating Income is subtracted from the mortgage expense and the result is the net annual income. The net annual income is then divided by the invested capital to show the rate of return. 125 CONSTRUCTION ESTIMATE 2121 GROVE STREET R.S. MEANS CONSTRUCTION COST ESTIMATE (2007 Ed.) UNIT A 2297 SQ FT ADDITIONS CLAY ROOF FIREPLACE TWO CAR BUILT IN ADDITIONAL FULL BATH ADDITIONAL 2 HALF BATH AIR CONDITIONING @ $ 70.00 $ 160,790.00 @ $ 1.50 $ 3,445.50 $ 3,636.16 $ 13,373.00 $ 3,982.00 $ 6,022.00 @ $ 1.78 $ 4,088.66 SAN DIEGO COST ADJUSTMENT (1.04) TOTAL $ 195,337.32 $ 7,813.49 TOTAL $ 203,150.81 Existing Home 2213 SO FT Driveway Move Home Footing Excavation Footing Stem Walls Garage Addition Garage Slab Small bath Framing Exterior Walls Roofing Full Bath Upstairs Electrical Addition Kitchen Appliances Hvac Plumbing Flooring Electrical Existing Remodel Demo TOTAL For Existing $1,683.60 $38,000 $ 880.00 $ 4,642.50 $ 5,375.00 $13,200.00 $ 1,202.13 $ 1,943.02 $8,470 $8,663.60 $ 2,026.75 $4, 997 $1,700.05 $6,515.37 $3,000 16,376.45 $5,000.00 $12,171.03 $977.50 $5,000 $ 141,824.00 128 2121 GROVE STREET R.S. MEANS CONSTRUCTION COST ESTIMATE (2007 Ed.) TOWNHOMES "T" 2414 SQ FT @ $ 63.31 $ 152,830.34 ADDITIONS CLAY ROOF @ $ 1.50 $ 3,621.00 FIREPLACE $ 3,636.16 TWO CAR BASEMENT GARAGE $ 1,768.00 2 ADDITIONAL FULL BATHS $ 7,964.00 '�.... BASEMENT @ $ 4.55 $ 10,983.70 AIR CONDITIONING @ $ 1.78 $ 4,296.92 Sub -Total $ 185,100.12 SAN DIEGO COST ADJUSTMENT (1.04) $ 7,404.00 TOTAL (1 OF 5) $ 79.74 $ 192,504.12 Square feet Average Cost/Square Foot $ 1,713,797.00 21174 UNIT D ECONOMY 1530 SQ FT @ $ 75.65 $ 115,744.50 ADDITIONS CLAY ROOF @ $ 2.95 $ 4, 513.50 FIREPLACE $ 5,140.00 TWO CAR ATTACHED GARAGE $ 21,296.00 ADDITIONAL FULL BATH $ 3,982.00 AIR CONDITIONING @ $ 1.78 $ 2,723.40 SAN DIEGO COST ADJUSTMENT (1.04) TOTAL $ 153,399.40 $ 6,135.98 TOTAL $ 159,535.38 UNITS ECONOMY 2144 SQ FT @ $ 67.35 $ 144,398.40 ADDITIONS CLAY ROOF @ $ 2.95 $ 6,324.80 FIREPLACE $ 5,140.00 TWO CAR ATTACHED GARAGE $ 21,296.00 2 ADDITIONAL FULL BATHS $ 8,593.84 AIR CONDITIONING @ $ 1.78 $ 3,816.32 TOTAL $ 189,569 36 SAN DIEGO COST ADJUSTMENT (1.04) $ 7,582.77 TOTAL $ 197,152.13 Nigro 130 UNIT C 2281 SQ FT ADDITIONS CLAY ROOF ECONOMY $ 65.40 $ 2.95 FIREPLACE TWO CAR ATTACHED GARAGE ADDITIONAL FULL BATH AIR CONDITIONING @ $ 1.78 TOTAL SAN DIEGO COST ADJUSTMENT (1.04) TOTAL $ 149,177.40 $ 6,728.95 $ 5,140.00 $ 21,296.00 $ 3,982.00 $ 4,060.18 $ 190,384.53 $ 7,615.38 $ 197,999.91 ONISTE COST ,,00f •.0' ..i+ 2121 Grove Street 'ft.- Nine Unit Construction & Land With Density Bonus On Site Development Cost DRIVEWAYS 7438 SQUARE FEET ASPHALT PAVING WITH 6" STONE BASE, 2" BINDER COURSE, 1" TOPPING $ 2.40 PER SQUARE FOOT TOTAL $ 17,851.20 CURBS 508 LINEAR FEET @ $ 2.91 PER LINEAR FOOT TOTAL $ 1,478.28 PATIOS AND SIDEWALKS 2026 SQUARE FEET 3,000 PSI WITH 4" THICK@ $ 3.96 PER SQUARE FOOT TOTAL $ 8,022.96 SEWER LINE TO STREET 755 LINEAR FEET @ $ 10.82 PER LINEAR FOOT ( 2' DEEP ) 4" PVC FROM EACH UNIT TOTAL $ 8,169.10 ELECTRIC AND GAS TRENCH TO STREET 755 LINEAR FEET @ $ 12.99 PER LINEAR FOOT (4' DEEP ) ELECTRIC IN 2" PVC TOTAL $ 9,807.45 WATER LINE TRENCH TO STREET 755 LINEAR FEET @ $ 11.21 PER LINEAR FOOT (2' DEEP ) 1" PVC TOTAL $ 8,463.55 TOTAL ONSITE DEVELOPMENT COST $ 53,792.54 Six Unit Build -out & Rental Annalysis (without Density Bonus) On Site Development Cost DRIVEWAYS 5030 SQUARE FEET ASPHALT PAVING WITH 6" STONE BASE, 2" BINDER COURSE, 1" TOPPING $ 2.40 PER SQUARE FOOT TOTAL $ 12,072.00 CURBS 436 LINEAR FEET @ $ 2.91 PER LINEAR FOOT TOTAL $ 1,268.76 PATIOS AND SIDEWALKS 773 SQUARE FEET 3,000 PSI WITH 4" THICK@ $ 3.96 PER SQUARE FOOT TOTAL $ 3,061.08 SEWER LINE TO STREET 644 LINEAR FEET @ $ 10.82 PER LINEAR FOOT ( 2' DEEP ) 4" PVC FROM EACH UNIT TOTAL $ 6,968.08 ELECTRIC AND GAS TRENCH TO STREET 644 LINEAR FEET @ $ 12.99 PER LINEAR FOOT (4' DEEP ) ELECTRIC IN 2" PVC TOTAL $ 8,365.56 WATER LINE TRENCH TO STREET 644 LINEAR FEET @ $ 11.21 PER LINEAR FOOT (2' DEEP ) 1" PVC TOTAL $ 7,219.24 TOTAL ONSITE DEVELOPMENT COST $ 38,954 72 134 FINANCIAL ESTIMATE 2121 Grove Street Nine Unit Construction & Land With Density Bonus Income Unit Sq. Ft. Rent / Foot Income Unit Costs A 2297 $1.03 $2,365.91 $203,151 A 2297 $1.03 $2,365.91 $203,151 A 2297 $1.03 $2,365.91 $203 151 Existing House 2213 $0.45 $1,000.00 $141 824 T 2414 $1.06 $2,558.84 $192.504 I 2414 $1.06 $2,558.84 $192 504 T 2414 $1.06 $2,558.84 $192.504 T 2414 $1.06 $2,558.84 $192,504 T 2414 $1.06 $2,558.84 $192,504 TOTAL 21174 $0.98 $20,891.93 $1,713,797 Vacancy 5% $1,044.60 Adjusted $19,847.33 Analysis Assumptions Interest Rate Constant 6.50% On Site Development Cost $ 53,792.54 Construction Cost per sq. ft. $83.48 Months 12 Aggregate Building square feet 21174 Management Fee 4.00% Invested Capital (% of total cost) 25.00% Property Tax Rate 1.03% Construction Cost Land Cost Building Costs Total Dev. Costs $1,175,000 $1,767,590 $2,942,590 Financing Calculations Invested Capital Amount Financed Annual Debt Servicing $735,647 $2,206,942.20 $143,451 Expenses Annual $lsgft Annual Monthly Insurance Per Sq. Ft. Property Taxes Maintenance per Sq. Ft. Management Fee Replacement and Reserves Utilities (includes Low Inc. Unit) Total Expenses $0.28 $6,000 $500 $1.43 $30, 309 $2,526 $0.14 $3,000 $250 $0.45 $9,527 $794 $0.19 $4,000 $333 $0 14 $3,000 $250 $55,835 $4,653 Page 1 136 Negro 2121 Grove Street Nine Unit Construction & Land With Density Bonus t t Operating Income: Annual Monthly Adjusted Gross Revenue $238,168 $19,847 Expenses $55,835 $4,653 NOI $182,333 $15,194 Rate of Return: NOI $182,333 $15,194 Mortgage Expense $143,451 $11,954 Annual Net Income $38,881 Capital Invested $735,647 Rate of Return: 5.29% Page 2 137 FINANCIAL WITHOUT DENSITY BONUS 138 Six Unit Build -out & Rental Annalysis (without Density Bonus) Income towt Sq. Ft. Rent / Foot Income B on grove B on grove B B C TOTAL Vacancy Adjusted 1530 2144 2144 2144 2144 2281 12387 5°l0 $1.03 $1.18 $1.18 $1.06 $1.06 $1.06 $1.10 $1, 575.90 $2,529.92 $2,529.92 $2,272.64 $2,272 64 $2,417.86 $13,598.88 $679.94 $12,918.94 Building Costs $ 159,535.00 $197,152 $197,152 $197,152 $197,152 $198, 000 $1,146,143 Annalysis Assumptions Interest Rate Constant On Site Development Cost Construction Cost per Sq. ft. Months Aggregate Building square feet Management Fee Ins—cted Capital (% of total cost) rty fax Rate Con truction Cost Financing Calculations Expenses Insurance Per Sq. Ft. Property Taxes Maintenance per Sq. Ft. Management Fee Replacement and Reserves Jtilities (common area water) fc Expenses 6.50% $ 38,954.72 $92.53 12 12387 4.00% 25.00% 1.05% Land Cost Building Costs Total Dev. Costs $1,175,000 $1,185,097.72 $2,360,098 Invested Capital Amount Financed Annual Debt Servicing $590,024 $1,770,073.29 $115,055 Annual $/sgft Annual $0.32 $2.00 $0.24 $0 50 $0.22 $0 12 $4,000 $24,781 $3,000 $6,201 $2,666 $1,500 $42,148 Page 3 139 Monthly $333 $2,065 $250 $517 $222 $125 $3,387 Six Unit Build -out & Rental Annalysis (without Density Bonus) Net Operating Income: Annual Monthly Adjusted Gross Revenue $155,027 $12,919 Expenses $40,648 $3,387 NOI $114,379 $9,532 Rate of Return: NOI Mortgage Expense Annual Net Income Capital Invested Rate of Return: $590,024 -0.11% $114.379 $115,055 ($676) Page 4 140 $9,532 $9,588 ALTERNATE FINANCIAL 2121 Grove Street Nine Unit Construction & Land With Density Bonus (Alternate) Income Unit Sq. Ft. Rent / Foot Income Unit Costs A 2297 $0.95 $2,182.15 $203,151 A 2297 $0.95 $2,182.15 $203.151 A 2297 $0.80 $1,837.60 $203.151 A 2297 $0.75 $1,722.75 $203,151 Existing House 2213 $0.45 $1,000.00 $141,824 T 2414 $1.06 $2,558.84 $192,504 T 2414 $1.06 $2,558.84 $192,504 T 2414 $1.06 $2,558.84 $192,504 7 2414 $1.06 $2,558.84 $192,504 TOTAL 21057 $0.90 $19,160.01 $1,724,443 Vacancy 5% $958.00 Adjusted $18,202.01 Analysis Assumptions Interest Rate Constant 6.50% On Site Development Cost $ 53,792.54 Construction Cost per sq. ft. $84.45 Months 12 Aggregate Building square feet 21057 Management Fee 4.00% Invested Capital (% of total cost) 25.00% Property Tax Rate 1.03% Construction Cost Land Cost Building Costs Total Dev. Costs $1,175,000 $1,778,236 $2,953,236 Financing Calculations Invested Capital Amount Financed Annual Debt Servicing $738,309 $2,214,926.84 $143,970 Expenses Annual $Isgft Annual Monthly Insurance Per Sq. Ft. Property Taxes Maintenance per Sq. Ft. Management Fee Replacement and Reserves Utilities (includes Low Inc. Unit) Total Expenses $0.28 $6,000 $500 $1.44 $30,271 $2,523 $0.14 $3,000 $250 $0.41 $8,737 $728 $0 19 $4,000 $333 $0.14 $3,000 $250 $55,008 $4,584 Page 1 142 wia 2121 Grove Street Nine Unit Construction & Land With Density Bonus Net Operating Income: Annual Monthly Adjusted Gross Revenue $218,424 $18,202 Expenses $55,008 $4,584 NOI $163,416 $13,618 Rate of Return: NOI Mortgage Expense Annual Net Income Capital Invested Rate of Return: r.r $738,309 2.63% $163,416 $143,970 $19,446 $13,618 $11,998 Page 2 143 Angela Reeder From: LuisOran @aol.com Sent: Wednesday, October 01, 2008 10:59 AM To: Angela Reeder Subject: Changes to Design The changes to the design is the following; The T Units On Grove St. _.�.k T01�E� i�i oT ELT SIoNS 1. The seismically independent units have been separated and will have a 4' setback on one side and a 0' lot line on the other. This will allow window to be installed on one side of each building. The 4' side yard setback will also allow for each unit to have its own individual stairs. 2. The building has been pushed forward 10' to offset additional cost. This will allow for more private open space in the back of the units which the neighbors have indicted as an issue in our prior design. It also allowed for us to stretch the building to keep the same square footage. The 10' setback is less than the 20' required but is not unlike many of the surrounding properties. 3. The square footage and bedrooms of the units will remain the same. 4. The architectural design has also changed to more of a Spanish / Mediterranean style. 5. No changes have been done to any of the other units. CaII me if you should have any questions. Luis Luis Naranjo 3175 Cauby Street, Suite 90 San Diego, CA 92110 Office: 619-224-0386 Fax: 619-224-0758 Mobile: 619-778-6343 Looking for simple solutions to your real -life financial challenges? Check out WalletPop for the latest news and information, tips and calculators. 144 10/2/2008 2121 Grove Street - Existing Home Description of Improvements Proposed (July 22, 2008) The existing home is about 1896 Sq. Ft. with no garage attached. We will be adding an attached two car garage to the first floor. We will add two new bedrooms, laundry facilities and one new restroom up stairs. The new total square footage will be 2,213 Sq. Ft. The remodel will require new structural elements throughout the home. The building department will be inspecting all code issues pertaining to the remodel. All systems such as electrical, plumbing and mechanical will be new for the remodel. The exterior pallet and materials will be comparable to the other homes. The interior will be remodeled with new flooring, cabinetry, light fixtures, and appliances. Luis Naranjo 3175 Cauby Street, Suite 90 San Diego, CA 92110 145 Supplemental Discussion Re: Undergrounding Waiver as Project Concession The pole that is in front of the property [on Prospect Street] feeds several homes across the street, to the south and to the north. There are three different ways for us to address the under grounding of utilities according to our utility consultant Tom Scanlan of Delta Consulting. We chose to provide you with the least expensive option which is in fact financially detrimental to our project. The other options are impractical and more expensive. Option 1: The first and least expensive option would be to leave the existing pole where it is and underground the utilities in front of our project. Then just as we pass our project property line to the north we would add another pole to continue the feed to the property owners to the north. This option would cost an estimated $60,000.00 and would not reduce the number of poles but would in fact create an additional pole. Option 2: Remove the pole in front of our property and place it to the south about three feet so is not in front of our property. Then we would have to underground the utilities across the front of our property and add an additional pole to continue the utilities the north property owners. Again, this option increases the number of poles. Option 3: Remove the pole and underground utilities to the neighbor to the south, to our property and to four homes across the street. In this option we would need to improve our neighbors properties so the utility feed can be received underneath the home instead of overhead. We would also have to improve past the midway point of the street, then we would have to erect a new pole in front of the property owner to the north. 146 JUL-11-2008 07:53A FROM: 619 561 8127 TO-'1240758 P.1/1 /\DELTA CONSULTANTS, INC. P.O. BOX 2727 • EL CAJON, CALIFORNIA 92021-0727 (619) 663-0000 • FAX (619) 561-8127 CODUUN.C/J1ONS July 9, 2008 Mr. Luis Naranjo 3175 Cauby Street Suite 90 San Diego, Ca 92110 Subject: Grove Street, National City Dear Luis: At your request, we inspected the property and the existing overhead utility lines. The lines in Grove Street are on the opposite side of the street and not affected by the development. There are existing overhead facilities within the adjacent half -street of Prospect Street. They consist of electric, telephone and cable television wires and cables. These lines end on a pole immediately south of your south property line. They provide utility services to the surrounding properties. In order to underground the lines, it would be necessary to leave the pole at the south property line and add a pole at the north property line. The end result of the undergrounding would be the removal of wires and cables fronting our property and the addition of one new pole with guy wires and anchors. The costs to do this work including construction and utility company fees are estimated to be $60,000.00. If you need any additional information, please call. Sincerely, T. E. Scanlan * •-••i:•\ .•1 tL_ uf•-•••'gc r - • • 1111111Yat."! :Sr • Ve2-?(,..ree,,,c,... .• • - 101111E101Q • . VS: LOT LOT I cARACE53 ! *74 -• • #4,4•;. 44440. 4.4.1 „OA* • L 2 oliARACE I f I 25.o3 ! ,,/ (0.06 0c),. ttult1111111113 1111 • • WPM LOT 4 \ : AGE ' •••,..,___, 28'63 sf \ ..,:, ‘ \ 1 .--(0•96 oc) \ '• Tiffliilth Mituitill 1 \ \\ \ r ' ' i ILO C7t . , 4— —7-1 3 • 3 4,RAGE 1 ' •s 1,.. ,0 06 00 ‘ i • ,••i• • , ..f.44.,.,ploo.iikammuo .-, ._: - .k -,:•,-, -,,,, ' °. ,...0. .... •Z\ t SN7.1•21 '5 "7/••• `. . 7.1 • .,,...,. ._.,....) pr ,) h, 4,--'.:=F':'----------7-,.=-- —.:-_--_-=----it , ...,/ ....-- ..- .--, I I / !*1 ; I I 1.111111 . . •.); N 71.20.58.1 0 Site Development Plan 2121 Grove Street National City, California DATE : 09/18/08 ...,43•x? ' '"- • -.• , 3,..:•••••••!--7..-131:6 :i330,-- ..:.-1.3....72fir—.7:' ,..), . . ?. O. •co ; IS' \., coGARAGE I. .1411' ll, I V, L'. . ;0444i: L07 4...e& .1 kri: . .• . ‘4. (0(14 CC) 1 "f" L..... : . I ,-- .. • . ' .; :. scAEIv.. i; PIR'111t114111 i:11087:104,,3/17.7. 2121 grove Street 2ND FI,OOR 10'-0„7 1ST FLOOR GARAGE FLOOR FRONT ELEVATION- COTTAGE UNIT C MEE ammt 0' 2' 4' MATERIAL SUMMARY: EXTERIOR FINISH: CEMENT PLASTER GARAGE DOORS: OIL. STAINED FRONT DOOR: OIL STAINED ROOF: BARREL CLAY TILE: SPECIAL FEATURES: EXTERIOR PLANTER BOXES STAINED WOOD HEADERS AND SHUTTERS GROVE STREET National City, 150 California ROOF PLATE 27'-9" 3Rl) FLOOR 19'-0" 2ND FLOOR I0'-0" 1ST FLOOR 0'-0" REAR ELEVATION- COTTAGE UNIT C : 0' 2' a' G' MATERIAL SUMMARY: EXTERIOR FINISH: CEMENT PLASTER DOOR: ATRIUM DOOR ROOF: BARREL CI,AY TILE SPECIAL FEATURES: DOOR AND PATIO PARTIAL, COVER GROVE STREET National City, 151 California ROOF PLATE hh 27'-0" 3RD FLOOR 19'-0" 2ND FLOOR 10'-0" 1ST FLOOR RIGHT SIDE ELEVATION- COTTAGE UNIT C SCALP.: ]r•[ 0' 2' MATERIAL SUMMARY: EXTERIOR FINISH: CEMENT PLASTER SIDE DOOR: ROOF: iI1 ETA L 0'-0" 41000 BARREL CLAY TILE GROVE STREET National City, 152 California ROOF PLATE; 27'-0" 3RD FLOOR 19'-0"' 2ND FLOOR - ----- 10'-0„Y 1 S"F FLOOR LEFT SIDE ELEVATION- COTTAGE UNIT C 3.1mt 0' 2' ' G' MATERIAL SUMMARY: EXTERIOR FINISH: CEMENT PLASTER ROOF: BARREL, CLAY TILE GROVE STREET National City, 153 California POWDER ROOM ENTRY IIALL ENTRY. PORCH FIRST FLOOR PLAN- - COTTAGE UNIT C TABULATIONS SQUARE FOOTAGLS FIRS 1 FLOOR 623 S.F. SECOND FLOOR 1051 S.F. 'rHIRI) FLOOR 623 S.F. '1'O[`A1, SQUARE FOOTAGE 2297 S.F. ET GROVE STR National City, 154 California WALK-IN CLOSET U"I'ILITY BATH WALK-IN CLOSET MASTER BATH BEDROOM 3 (10'X11') MASTER BEDROOM (14'-9"X 16'-9") DN. BEDROOM_SITTING 2 AREA UP' (10' X 10-3") (10'-0"X 10' -3") =? OPTIONAL DESK STAIR SECOND FLOOR PLAN- COTTAGE UNIT C SCALE: 3M..r - 1038 S.F. BEDROOM/ DEN (10'-0"X 10'-3") OPTIONAL PLAN 2 STORY ONLY GROVE STREET National City, California 155 GREAT ROOM (22'-3"X 16'-2") ON —I 1 /OFFICE (13'-3"X 10'-3" ii64- • THIRD FLOOR PLAN- COTTAGE UNIT C ScnI_H : 561 S.F. 0' 2' 4' 6' GROVE STREET National City, California 156 1'JJIIlIIt1llhIIII'!!' .. .. 2ND FLOOR JO, + 1= I Itti I I: LOO IZ FRONT ELEVATION-E XIS"I'IN(; RELOCATED Mc::COTTAGE UNIT 0' 2' 3' MATERIAL SUMMARY: EXTERIOR FINISH: CEMENT PLASTER GARAGE DOORS: OIL STAINED FRONT DOOR OIL STAINED ROOF: BARREL CLAY TILE SPECIAL FEATURES: WROUGHT IRON BALCONY S'I'AINEI) WOOD HEADERS GROVE STREET National City, California 157 SCALE: iThr I1.\I.1, EN "I IZ) PORCII PROPOSED FIRST FLOOR PLAN: EXISTING HOUSE TABULATIONS SQUARE FOO'I'AGES FIRST FLOOR 1071 S.F. SECOND FLOOR 1 141 S.F. TOTAL SQUARE FOOTAGES: 2212 Si . GROVE STREET National City, 158 ('alifornia Nmie WALK-IN CLOSET WALK -I CLOSE WALK-IN CLOSET MASTER BATII PROPOSED SECOND FLOOR PLAN: EXISTING HOUSE SCALE: i... Imo TABULATIONS SQUARE FOOTAGES FIRST FLOOR 1071 S.I. SECOND FLOOR 1 141 S.F. TOTAL SQUARE, FOOTAGES: 2212 S.I. GROVE STREET 'rational C.'ity, 159 California t FIRST RST FLOOR LEFT SIDE ELEVATION -EXISTING RELOCATED) st:COTTAGE UNIT -- - 2' 4' 6' MATERIAL SUMMARY: EXTERIOR FINISH: CEMENT PLASTER GARAGE DOORS: OIL. STAINED FRONT DOOR: OIL. STAINED ROOF: BARREL CLAY TILE SPECIAL FEATURES: WROUGHT IRON BALCONY STAINED WOOD HEADERS GROVE STREET National City, California 160 [[1] O �J 1-f 2N FLOOR ti F11T FLOOR RIGHT SIDE ELEVATION- F XIS l IN(' RI:I.()C=VFED COTTAGE UNIT 1_F : : 0 2' 4' 6' MATERIAL SUMMARY: EXTERIOR FINISH: CEMENT PLASTER GARAGE DOORS: OIL STAINED FRONT DOOR: O11. STAINED ROOF: BARREL CLAY TILE SPECIAL FEATURES: WROUGHT IRON BALCONY STAINED WOOL) HEAL GROVE STREET National City, California 161 O 2ND FLOOR 0%0- FIRST FLOOR REAR ELEVATION -EXISTING RE LOC.A I' E I) SCALF : COTTAGE UNIT 0' 2' 3' 6' MATERIAL SUMMARY: EXTERIOR FINISH: CEMENT PLASTER GARAGE DOORS: OIL STAINED FRONT DOOR: OIL STAINED ROOF: BARREL CLAY TILE SPECIAL FEATURES: WROUGHT IRON BALCONY STAINED WOOD HEADERS GROVE STREET National City, California 162 i I i , I t I I I. !ill o i . \ 160' ,r I 7 5', 23' 11C' • ;c 0 rn< r i / 1 r / / i • / ' / / ! 49 I / ( Existing Sing Fo,A.y Oweing CARA:GE 11111M_____M _SHINEEL5191ceeXC:7, --• 'LOT 5 ---t.L7-'-i.:•—•.--,-E . ! 2563 $1 .. . • (0 06 9c) ...e,- .... S LOT' 2 2563 ef (0.06 oc) 2563 ef (0.06 oc) • Ex:sting Groge k/3' 0' 5 10 2C.' 3C' " I ' G•ophic Scale /• / I Single Family Existing . :I 'jj1 4 I / — 20' 12' eteack Dweiiing .71 5etOccx ' . • N 7,23'58-E 1 -26 48 i, L I _____ S • ? 4X,I4S- 3G. 30' 31.5' 18 7' A—. C . .. AC Paving 47.co —.--r-- . 45o. 94.10 . T.-L.__ • . - --- '—' • . !s, GARiAGE 11' GARAGE —.-14-- I LOT1 e 4 '2 etas Site Plan 2121 Grove Street National Ciy, Cafornia Dat• 10/29/08 Existing Sinve rcrn:ly Dwei.ing LOT: 7 3240 s' T .81 pork., on Tu-f Stock —As L,.Et,!tG.E._•;.1------ r.,•• LOT 9 6112 s' (0.14 oc) 20ROAD AND LITILITIES EASE44EN3 A Existing 51ngie Fornoy 11 \ I Dwelling , ,•,. ...-; , t i I ' . \ Existing I• \ Garage \ I I I I i I i 1 i ! ' uJ kit City of National City, California FIRST READING COUNCIL AGENDA STATEMENT `,,.MEETING DATE December 16, 2008 AGENDA ITEM NO. 19 ITEM TITLE AN ORDINANCE ESTABLISHING THE COMPENSATION OF THE MAYOR AND CITY COUNCIL BY MAINTAINING SAID COMPENSATION AT ITS CURRENT LEVEL, ESTABLISHED IN 2003, AND APPROVING THE PAYMENT OF TWO PERCENT OF THEIR PERS CONTRIBUTION FROM THEIR RESPECTIVE SALARIES PREPARED BY George H. Eiser, III (Ext. 4221) DEPARTMENT City Attorney EXPLANATION At the December 2 City Council meeting, the Council determined to maintain the compensation of the Mayor and City Council at its current, 2003 level. The Council also determined to pay two -percent of their PERS contribution from their respective salaries. The proposed ordinance would implement these actions. Environmental Review NI N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt Ordinance. 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 ESTABLISHING THE COMPENSATION OF THE MAYOR AND THE CITY COUNCIL, BY MAINTAINING SAID COMPENSATION AT ITS CURRENT LEVEL, ESTABLISHED IN 2003, AND APPROVING THE PAYMENT OF TWO PERCENT OF THEIR PERS CONTRIBUTION FROM THEIR RESPECTIVE SALARIES BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. That the base monthly compensation for the City Council shall remain its current level, established in 2003, of $909.20 per month, pursuant to the provisions of Sections 36516 and 36516.5 of the California Government Code. Section 2. That the base monthly compensation of the Mayor shall remain at its current level, established in 2003, of $3,463.30 per month, pursuant to the provisions of Section 36516.1 of the Government Code. Section 3. That the benefits for the Mayor and City Council shall remain as set forth in the attached Exhibit "A", which is incorporated herein by reference. Section 4. That two percent of the Mayor and City Council's PERS contribution shall be paid from their respective salaries. PASSED and ADOPTED this day of , 2008. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney MAYOR City to pay $750/month for car allowance. MAYOR AND CITY COUNCIL a) City to pay $850/month for health coverage with a cash -in -lieu option. b) City to pay $40/month for life insurance, in addition to $25,000 term life insurance policy already provided by City. c) City to pay $350/month for expense account. d) City to establish annual fund of $3,000 to be used for college level language training in a foreign language. e) City to pay full City and official's portion of PERS contribution, and contract options shall be the same as those granted to other PERS Miscellaneous Members within the City. All other benefits for Mayor and City Council are to remain the same. EXHIBIT "A" City of National City, California COUNCIL AGENDA STATEMENT Nitre DATE Dec. 16, 2008 SECOND READING AGENDA ITEM NO. 20 ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF NATIONAL CITY AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM TO PROVIDE FOR THE MERGER OF THE CITY OF NATIONAL CITY WITH THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY FOR PURPOSES OF THE RETIREMENT SYSTEM PREPARED BY EXPLANATION Jeanette Ladri Finance Directo DEPARTMENT Finance x 4331 In January 2006, the City Council/CDC Commission placed the administrative operations of the CDC under the City Manager. In May 2008, all CDC employees had been merged with the City of National City. The final step of the consolidation is to merge the CDC's retirement contract (ER #1471) into the City of National City's contract (ER #0190). The Mayor is authorized to execute the agreement on behalf of the City of National City. The Ordinance will be effective 30 days after the date of its adoption. It will be published in the San Diego Union -Tribune and circulated in the City of National City. Environmental Review X N/A Financial Statement N/A Account No. J STAFF RECOMMENDATION In compliance with the strategic objective 1, Function as One City —Function as a Team, staff recom- mends to notice the intention to approve an amendment to the contract between the CDC and the Board of Administration of the Public Employees' Retirement System. BOARD / COMMISSION RECOMMENDATION N/A J ATTACHMENTS ( Listed Below ) Ordinance ,`, Amendment to Contract Certification of Governing Body's Action Certification of Compliance with Government Code Section 7507 Resolution No. A-200 (9/80) J ORDINANCE NO. 2008 — 2313 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF NATIONAL CITY AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM TO PROVIDE FOR THE MERGER OF THE CITY OF NATIONAL CITY WITH THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY FOR PURPOSES OF THE RETIREMENT SYSTEM BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. That an amendment to the contract between the City of National City and the Board of Administration, California Public Employee's Retirement System is hereby authorized, a copy of said amendment being attached hereto as Exhibit "A", and by such reference made a part hereof as though herein set out in full. Section 2. The Mayor is hereby authorized to execute said amendment for and on behalf of the City of National City. Section 3. This Ordinance shall take effect 30 days after the date of its adoption, and prior to the expiration of 15 days from the passage thereof shall be published at least once in the San Diego Union -Tribune, a newspaper of general circulation, published and circulated in the City of National City, and thenceforth and thereafter the same shall be in full force and effect. PASSED and ADOPTED this 16th day of December, 2008. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 1 API. Calf'ERS California Public Employees' Retirement System • EXHIBIT "A" AMENDMENT TO CONTRACT Between the Board of Administration California Public Employees' Retirement System and the City Council City of National City The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective July 1, 1948, and witnessed May 1, 1948, and as amended effective March 1, 1954, July 1, 1954, April 1, 1956, April 1, 1970, December 1, 1972, September 28, 1973, October 1, 1973, March 1, 1974, October 1, 1974, January 16, 1977, October 16, 1978, October 1, 1980, July 16, 1983, January 1, 1985, December 27, 1988, December 12, 1989, November 15, 1991, December 27, 1991, June 11, 1993,.May 2, 1996, July 9, 2002, September 17, 2002 and July 6, 2004 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 14 are hereby stricken from said contract as executed effective July 6, 2004, and hereby replaced by the following paragraphs numbered 1 through 15 inclusive: 1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 60 for local miscellaneous members and age 50 for local safety members. Nose Nero 2. Public Agency shall participate in the Public Employees' Retirement System from and after July 1, 1948 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. 3. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members); c. Employees other than local safety members (herein referred to as local miscellaneous members). 4. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: NO ADDITIONAL EXCLUSIONS 5. Prior to January 1, 1975, those members who were hired by Public Agency on a temporary and/or seasonal basis not to exceed 6 months were excluded from PERS membership by contract. Government Code Section- 20305 supersedes this contract provision by providing that any such temporary and/or seasonal employees are excluded from PERS membership subsequent to January 1, 1975. 6. This contract shall be a continuation of the contract of the Community Development Commission of the City of National City, hereinafter referred to as "Former Agency". The accumulated contributions, assets and liability for prior and current service under the Former Agency's contract shall be merged pursuant to Section 20508 of the Govemment Code. Such merger occurred May 20, 2008. 7. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment before and not on or after September 17, 2002 shall be determined in accordance with Section 21354 of said Retirement Law (2% at age 55 Full). 8. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment on or after September 17, 2002 shall be determined in accordance with Section 21354.3 of said Retirement Law (3% at age 60 Full). 9. The percentage of final compensation to be provided for each year of credited prior and current service as a local safety member shall be determined in accordance with Section 21362.2 of said Retirement Law (3% at age 50 Full). 10. Public Agency elected and elects to be subject to the following optional provisions: a. Section 20425 ("Local Police Officer" shall include employees of a police department who were employed to perform identification or communication duties on August 4, 1972 and who elected to be local safety members). b. Section 21222.1 (One -Time 5% Increase - 1970). Legislation repealed said Section effective January 1, 1980. c. Sections 21624 and 21626 (Post -Retirement Survivor Allowance). d. Section 21573 (Third Level of 1959 Survivor Benefits). e. Section 20965 (Credit for Unused Sick Leave). f. Section 21325 (One -Time 3% to 15% Increase For Local Miscellaneous Members Who Retired or Died Prior to January 1, 1974). Legislation repealed said Section effective January 1, 2002. g- Section 20042 (One -Year Final Compensation). h. Section 20903 (Two Years Additional Service Credit). 11. Public Agency, in accordance with Government Code Section 20.790, ceased to be an "employer" for purposes of Section 20834 effective on January 16, 1977. Accumulated contributions of Public Agency shall be fixed and determined as provided in Govemment Code Section 20834, and accumulated contributions thereafter shall be held by the Board as provided in Govemment Code Section 20834. 12. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System. 13. Public Agency shall also contribute to said Retirement System as follows: a. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21573 of said Retirement Law. (Subject to annual change.) In addition, all assets and r./, liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local miscellaneous members and local safety members. b. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. c. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 14. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 15. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board. B. This amendment shall be e ctive on the day of BOARD OF ADMINISTRATIO,W, PUBLIC EMPLOYEES' REVRE2MENT SYSTEM BY LORI MCGARTLAND;CHIEF EMPLOYER SERVICES DIVISION , PUBLIC EMPLOYEES' RETIREMENT SYSTEM AMENDMENT ER# 0190 PERS-CON-702A (Rev. 10\05) CITY COUNCIL CITY OF NATIONAL CITY BY PRESIDING OFFICER, Witness.fQte Attest:' Clerk S CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM Actuarial and Employer Services Branch Public Agency Contract Services P.O. Box 942709 Sacramento, CA 94229-2709 (888) CaIPERS (225-7377) CERTIFICATION OF GOVERNING BODY'S ACTION hereby certify that the foregoing is a true and correct copy of a Resolution adopted by the City Council on November 18, 2008 (date) PERS-CON-12 (rev. 1/96) (governing body) City of National City (public agency) of the Clerk/Secretary Michael Dalla City Clerk Title Jt7 CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM Actuarial and Employer Services Branch Public Agency Contract Services P.O. Box 942709 Sacramento, CA 94229-2709 (888) CaIPERS (225-7377) CERTIFICATION OF COMPLIANCE WITH GOVERNMENT CODE SECTION 7507 hereby certify that in accordance with Section 7507 of the Government Code the future annual costs as determined by the System Actuary for the increase in retirement benefit(s) have been made public at a public meeting of the City Council of the (governing body) City of National City (public agency) on November 18, 2008 which is at least two weeks prior to the adoption of the (date) Resolution / Ordinance. Clerk/Secretary Michael Dalla City Clerk Title Date PERS-CON-12A (rev. 1/96) City of National City, California SECOND CITY COUNCIL AGENDA STATEMENT READING `,JIEETING DATE December 16, 2008 AGENDA ITEM NO. 21 ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 1 OF THE NATIONAL CITY MUNICIPAL CODE BY AMENDING CHAPTER 1.24 PERTAINING TO GENERAL PROVISIONS PREPARED BY EXPLANATION Claudia G. SiIv (Ext. 4222) DEPARTMENT City Attorney This amendment is to update our current holiday ordinance. Holidays were added and deleted, and clarifications were made in this amendment. Two holidays were added to the itemized holidays: Martin Luther King, Jr. Day and Cesar Chavez Day. Certain dates were deleted, specifically September 9'h the fourth Monday in October, and any election day. In addition, clarifications were included to explain that these holidays did not require City closure, except in the following instances: 1) the President declared a public fast, thanksgiving, or holiday; or, 2) the City Council required City closure by resolution or ordinance; or, 3) pursuant to an approved memorandum of understanding between the City and a labor union. Lastly, should there be any conflict between the holidays in the ordinance and an approved memorandum of understanding, the memorandum of understanding would govern in regard to the particular labor group. Environmental Review 4 N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt Ordinance. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 7 Proposed Ordinance A-200 (9/99) ORDINANCE NO. 2008 — 2314 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 1 OF THE NATIONAL CITY MUNICIPAL CODE BY AMENDING CHAPTER 1.24, SECTION 1.24.010 OF THE CITY'S "HOLIDAYS NAMED" ORDINANCE BY ADDING CERTAIN HOLIDAYS, DELETING UNNECESSARY DATES, AND CLARIFYING THE LANGUAGE BE IT ORDAINED by the City Council of the City of National City that Title 1 of the National City Municipal Code is amended as follows: Section 1. Chapter 1.24 of the National City Municipal Code is hereby amended by amending Section 1.24.010 to read as follows: 1.24.010 Holidays named. The first day of January, the third Monday in January, the twelfth day of February, the third Monday in February, the 315t day of March, the last Monday in May, the fourth day of July, the first Monday in September, the second Monday in October, the twenty-fifth day in December, every Sunday, and every day appointed by the President of the United States for a public fast, thanksgiving, or holiday are declared to be holidays. If any of the days specifically mentioned in this section by day of the month falls upon a Saturday, the Friday preceding is a holiday, and if any of the days specifically mentioned in this section by day of the month falls upon a Sunday, the Monday following is a holiday. The public offices of the City shall not be required to be closed on these holidays, except as required by a day declared by the President to be for a public fast, thanksgiving, or holiday, or as required by the City Council by separate resolution or ordinance, or as agreed upon in a City Council approved memorandum of understanding between the City and a recognized employee representative bargaining unit. If the provisions of this section are in conflict with the provisions of a City Council approved memorandum of understanding reached pursuant to Government Code Section 3500, et. seq., the memorandum of understanding shall be controlling without further legislative action. PASSED and ADOPTED this 16th day of December, 2008. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California SECOND CITY COUNCIL AGENDA STATEMENT READING �AEETING DATE December 16, 2008 AGENDA ITEM NO. 22 ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 2 OF THE NATIONAL CITY MUNICIPAL CODE BY AMENDING CHAPTER 2.04 PERTAINING TO THE CITY COUNCIL PREPARED BY EXPLANATION Claudia G. Silv (Ext. 4222) DEPARTMENT City Attorney This ordinance clarifies the City's long-standing practice of dispensing Council meetings when they fall on a holiday or election day. In particular, this amendment clarifies that the City Council does not meet on an election day, regardless of whether or not a candidate for city office or a city measure is on the ballot. Environmental Review ' N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt Ordinance. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Proposed Ordinance A-200 (9/99) ORDINANCE NO. 2008 — 2315 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 2 OF THE NATIONAL CITY MUNICIPAL CODE BY AMENDING CHAPTER 2.04, SECTION 2.04.020 "DISPENSING WITH MEETINGS" BY PROVIDING GREATER SPECIFICITY TO THE PROVISION THAT THE CITY COUNCIL DOES NOT MEET ON AN ELECTION DAY. BE IT ORDAINED by the City Council of the City of National City that Title 2 of the National City Municipal Code is amended as follows: Section 1. Chapter 2.04 of the National City Municipal Code is hereby amended by amending Section 2.04.020 to read as follows: 2.04.020 Dispensing of Meetings. In the event that the time of a regular meeting of the city council falls on a holiday or election day, whether or not a candidate for city office or a city measure appears on the ballot, no meeting will be held that week. Any regular meeting may be dispensed with by a vote of the city council. PASSED and ADOPTED this 16th day of December. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California CITY COUNCIL AGENDA STATEMENT _,,SHEETING DATE December 16, 2008 AGENDA ITEM NO. 23 ITEM TITLE DISCLOSURE OF PROPERTY INTEREST LOCATED WITHIN REDEVELOPMENT PROJECT AREA; VICE -MAYOR ALEJANDRA SOTELO-SOLIS PREPARED BY George H. Eiser, III (Ext. 4221) EXPLANATION DEPARTMENT City Attorney Please see attached memorandums. Environmental Review J N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Enter disclosure on the minutes. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Memorandum from Vice -Mayor Memorandum from City Attorney A-200 (9/99) 0- CALIFORNIA Mayor Ron Morrison Council Members Louie Natividad Frank Parra Alejandra Sotelo-Solis Rosalie Zarate City Attorney George H. Eiser. III NATIONAL env • - INCORPORATED Office of the City Attorney TO: City Manager DATE: December 8. 2008 FROM: City Attorney SUBJECT: Disclosure of Property Interest Located Within Redevelopment Project Area; Vice -Mayor Alejandra Sotelo-Solis BACKGROUND Attached is a Disclosure of Property Interest Located within Redevelopment Project Area signed by Vice -Mayor Alejandra Sotelo-Solis. Section 33130 of the Health and Safety Code (the Community Redevelopment Law) requires that such a statement be entered on the minutes of the redevelopment agency and of the legislative body (the City Council). The requirements of Section 33130 are in addition to the disclosure requirements of the Political Reform Act. RECOMMENDED ACTION It is requested that this disclosure be entered on the minutes of the City Council and CI)C at their meeting of December 16, 2008. GEORGE H. EISER, I1I City Attorney GHE/gmo Attachment 1243 National City Boulevard; National City, California 91950-4301 Tel.: (619) 336.4220 Fax: (619) 336.4327 ,)-» CALIFORNIA — NATIONAL CITY INCORPORATED TO: City Manager FROM: Vice -Mayor Sotelo-Solis SUBJECT: Disclosure of Property Interest Located within Redevelopment Project Area; Vice -Mayor Alejandra Sotelo-Solis DATE: December 11, 2008 Pursuant to Section 33130 of the Health and Safety Code, please enter into the minutes of the December 16, 2008 City Council meeting the fact that 1 own or have direct or indirect financial interests in the following property located within the National City Redevelopment Project Area: 418 "J" Avenue National City, CA 91950 1243 National City Boulevard; National City, California 91950-4301 Tel.: (619) 336.4220 Fax: (619) 336.4327 City of National City, California COUNCIL AGENDA STATEMENT 1EETING DATE December 16, 2008 AGENDA ITEM NO. 24 ITEM TITLE Request to Use the Martin Luther King, Jr. Community Center by Cornerstone Church of San Diego for a "Free Community Dinner" on December 31, 2008. With no waiver of fees. PREPARED BY Kaseem Baker Phone: (619) 336-474 EXPLANATION DEPARTMENT Community Services Cornerstone Church is requesting use of the Martin Luther King, Jr. Community Center on Wednesday December 31, 2008 from 4:00pm to 2:00am to hold their New Years Eve Dinner & Dance. Approximately 500 participants will be attending. Cost: Building Use Fee: $ 50.00 Hall Fee: $1,172.60 Custodial: $ 220.00 Total $ 1442.60 Cleaning Deposit: $ 100.00 This request is consistent with City Council Policy #803 which governs the use of the center. Environmental Review \I N/A Financial Statement STAFF RECOMMENDATION Approve the request with no waiver of fees. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. 1. Application for use of the Martin Luther King, Jr. Community Center 2. Letter Requesting use of facility .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 item is scheduled for consideration in order to answer any questions from the City Council Facility Requested: please circle Martin Luther King Jr. Building North Room South Room Entire Facility Date(s) of Use: Time of Use: From: Kimball Senior Center Casa De Salud Day(s) of Use: 1 .Chat "DO To: g2Z401 i /PM - INCLUDE SET-UP & CLEAN-UP TIME _cal-nc & Type of Function/Activity: Is the event open to the public? N D "'"'"Name & Address of Organization/Group: cofine.ASTIT,vi, aplite t± o f 57,1M t 50 i eii " C(A} eF�i)afit- >e/ ///aP 1S1 41 9iy-sa li . Non-profit organization no Tax ID # 3/36 Z. Anticipated Maximum Attendance: Percentage of National City Residents /22t O Will Admission be charged? —9 Amount $ Will this be a Fund Raising Event? -C9-, . ,i' Oki 3 t g-%�. Tfnbt;,s Equipment Requested: # of chairs lJ # of banquet tables Stage t, -- 6.'75-,6,/c. / Podium/Microphone Use of Kitchen: X Yes No Use of Gas for Range and Oven: )(Yes No Is the Use of Alcohol Requested? Will other paid services be used (i.e., commercial caterer, DJ, Band, etc)? )( YES NO Name: VSS Phone: 4 /q • 576: 5757 » Name: Phone: How many times in the last twelve months have you requested to use a City Facility? —�--' 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:- /D — 2'' d PRINT NAME: L. HLvhi+ SIGNATURE: ADDRESS OF APPLICANT: /9/1 StoirliJ n Q Ka/ Cl I Y, STATE, and ZIP CODE: n nt / 64, G4. PHONE: DAY 1 iy 5III33EVENING tr /O. ef-Vl>7 EMAIL: Lfj Ap "0‘,/i/e4lai.1 Fh A MB R: 8o77/ Please type or print clearly 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: HOME PHONE: ( ) CELL: (/f //2 fS/l7 Community Services Staff Only - Rental Amount Received: Receipt Number: Deposit Amount: Deposit/Key Returned: Check .._..__ _ Key Issued: __ YES 3 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: CO/Zt1 feSToTHE e H4c vt- Person in charge of activity: Address: iqf /'/- �i� F174) Telephone: b/ % �As CJ333 E-Mail: �� 7ua4 .h % City Facilities and/or property requested: Date(s) of use: /2- —3/-0 E HOLD HARMLESS AGREEMENT .C.OM 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 Certificate of Applicant Official Time Date of Insurance Approved by Name and Title 4 Safety/ Security Please describe 'your procedures for crowd control and internal security: / 1:z/)_ *4'..- t1.22- / p_JoeviA 0 1442. _z, 1,4 . ni c t i 12 ily _Cdg.eatt� s -- - urz-N e, z) - Lae_ 4�SD Gv / // ,eo v- ck iii_144S7— 6 ceew el e oii t hu1 J14 ° tcCGl1 i Il Dl2 mac/ -- 44e/ AlLgiggit5__ f J P� _4k b tJ,jhes u,1` it rna/N a,ee/eie, wt',. ,6N%li CCD4 7 J41 h - - 5 Zj C/ o u., !/ Ps/a- YES?(.. NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: CC S b S ccd i i Security Organization Address: Security Director (Name): f 4u ( r \ Phone: 'V� 5---- fJ3 3 5 Monitoring Alcohol Consumption Please describe your procedurespfor monitoring alcohol consumption: La _ G7D r1a1 4//Pio /ohol D2 g v-L ors 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: N/A Contact phone number the day of event: /✓/,CL 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: 6 Public Works Police Department Fire Department Community Services Building and Safety Engineering Risk Management Finance Department ___ Planning Department Yes No Condition(s) of Approval Specific Conditions of Approval: Date Initial 7 Date: 11/6/2008 Time: 9:32 AM To: @ 1-619-425-8271 Page: 002 ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDNYYY) 11/6/2008 PRODUCER (800)995-7525 FAX: (800)995-7521 Church & Casualty Insurance Agency Inc 3440 Irvine Ave Suite 150 Newport Beach CA 92660 INSURED CORNERSTONE CHURCH OF SAN DIEGO 1920 SWEETWATER RD NATIONAL CITY CA 91910 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 rki.I,RLr,' Church Mutual Insurance NAIC # 18767 ;t.>LITER U III:•.�FLrr' K i,PE k D !WA IPFRF COVERAGES 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 INSR LTR ADM. INSRO TYPE OF INSURANCE POI. ICY NUMBER POLICY EFFECTIVE DATE (MM/DDNYL POLICY EXPIRATION DATE (MM/DDNY) LIMITS A X GENERAL X LIABILITY •` 'MMFirC I4l .-, IL.,?A .-,.A4'T r 0168013-02-661244 7/5/2006 7/5/2009 EA H '._CVPPENC F $ 1,000,000 PPFM :L f r: PENTED PPFIa';ES(Ea°coil on, e l f 300, 000 rL`k:M.W.I.= [X MEDL‘P(An), me person) f 10,000 PEPS, -.UAL & A0'V Ir,•r Ir.'v $ 1,000,000 GLI„_PAI. AAGREOAI L S 3,000,000 C.-Er.l. 0+:.f^r.i-,-FLi•1O r.f :LIE ".-=F E PP":'it IC 1S C( 'P,r.P A.?; f 1,000,000 AUTOMOBILE LIABILITY ANr AU I r i,',.l O J.91C 1; A, I f :o i'HFfuI.F.E, I. COMf3NCp SINGLE LIMIT (Ea wu6enl ) r DOD!' v IN,UF i (P.,i :m'scm f BODILY IN.11R), (f PI acclden,) f PROA'ERTY DAMAGE (Pe, acdent) $ GARAGE LIABILITY AI:Y ALII0 AUTO ONLY - EA ACCIDENT $ OTHER THAN FA ACC $ AUTO ONLY Ai: G R EXCESS/UMBRELLA LIABILITY ')'_lu0 LA ..:L,„,,,, i M ALE OF I. UC ; 'EMI RETENTION i EACH OrrLIRRENCF f AGGREGATE $ i WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PPOF'RIFTOP/PAiAINFR'L3F•I if dL OFFICER/MEML3- R Erl IL; )Fri, If yes describe is, for SPECIAL PROVISIONS hes:r WC STATU)- OTH- TORS' l IMII$ FF E L EACH ACCIDENT 8 E L DISEASE • EA EMIT OYES $ E L DISEASE - POL ICY LIMIT f OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICL ES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Evidence of insurance for New Years Eve Party located at 140 E 12th St National City, CA on 12/31/2008. holder is named additional insured only with respect to the activities of the Named Insured on the above premises. All activities/cperations not specifically run/or conducted by the Named Insured are excluded. Certificate described CERTIFICATE HOLDER CANCELLATION City of National City 140 E 12th St National City, CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WLL ENDEAVOR TO MAIL 10 DAYS WRfTTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO D0 S0 SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE PadoiKELL? r ACORD 25 (2001108) '.)ACORD CORPORATION 1988 Pey, Date: 11/6/2008 Time: 9:32 AM To: L 1-619-425-8271 Page: 003 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(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 tc 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. Now' ACORD 25 (2001108) INS025: ::•.)3, cornerstone CHURCH OF SAN DIEC3O October 24, 2008 140 1: ast:1F2-Street, Suite A ati ;:r Natio al ity CA. 91950 :on: Director of Community es Depar trCorncrstonc Church of San Ditrgo'will be c s that was given to us from wear of CoA' ity at heart and we continue to strive • We esting to use the Martin Luther Kin "I'he hould be from 4pm — 2am. We Van to:` `:"e a profession ;V, pany to cater our ns, eNew Year to AL.qt,urch is a churc ,'xbc ors 1 City a place We hope to en Cornerstone Ch atmosphere of corn ximum of 500 guests o has a spirited We can also guarantee that we Thank you for the opportunity and allowing history in celebrating the New Year. Linda J. Hunt Hospitality Director q kepa4S... with door prizes. al a, ::::,: -:, tained an Iwo SweetwQter Rd., NQt1011(.11 C11-1,1, CQlifornia gig.5o 61q.6c6.1Tvl City of National City, California COUNCIL AGENDA STATEMENT /METING DATE December 16, 2008 AGENDA ITEM NO. 25 ITEM TITLE \ Request to Use the Martin Luther King, Jr. Community Center by the San Diego County Superintendent of Schools for their training on Thursday January 15, 2009 with no waiver of fees. PREPARED BY Kaseem Baker Phone: (619) 339-42T4 EXPLANATION DEPARTMENT Community Services The San Diego County Superintendent of Schools is requesting use of the Martin Luther King, Jr. Community Center for their staff training on Thursday January 15, 2009 from 3:00pm to 7:00pm. Approximately 150 guests will be attending. Cost: Building Use Fee: $ 50.00 Hall Fee: $ 351.88 Custodial: $ 88.00 Total $ 489.88 Cleaning Deposit: $ 100.00 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 $489.88 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) a a n a I c V V V flys, J• Y I) f 11A I((JUUG/U11 .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 item is scheduled for consideration in order to answer any questions from the City Council Facility Requested: please circle Martin Luther King Jr. Building orrth Room South Room Entire Facility Kimball Senior Center Casa De Saiud Date(s) of Use: January 15, 2009 Time of Use: From: 3:00 AM6 T Day(s) of Use: Thursday 7 : 00 AMA, INCLUDE SET-UP & CLEAN-UP TIME Type of Function/Activity: Seminar Is the event open to the public? Name & Address of Organization/Group: San Di ego County Superintendent of School s South County Regional Education Center, 800 National City Blvd-., Room•208 National City, CA 91950 e Non-profit organization' Anticipated Maximum Attendance: 150 Will Admission be charged? No Equipment Requested: 160 no Amount $ # of chairs 1 Podium/Microphone Use of Kitchen: Yes X No Is the Use of Alcohol Requested? NU Tax ID # Percentage of National City Residents 50% Will this be a Fund Raising Event? No 40 # of banquet tables Stage Use of Gas for Range and Oven: Yes X No Will other paid services be used (i.e., commercial caterer, DJ, Band, etc)? _ YES X NO Name: Phone: Name: Phone: 11/1//2U08 MUN 9:40 P'!A CUV.!/U11 How many times in the last twelve months have you requested to use a City Facility? 1 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: 11/17/08 PRINT NAME: Michael Midkiff SIGNATURE: ADDRESS OF APPLICANT: 800 National City Blvd . , #208 CITY, STATE, and ZIP CODE: National City, CA 91950 PHONE: DAY 619-470-5272 EVENING 760-799-9546 EMAIL: dhal lam@sdcoe.net FAX NUMBER: 619-470-5277 CONTACT- PERSON ON THE DAY OF THE EVENT: Di ane Hall am HOME PHONE: (858) 558-3141 CELL: (760) 799-9546 Please type or print dearly with a ballpoint pen. Complete application must be submitted and payment submitted in advance of the event. Community Services Staff Only - Rental Amount Received: Receipt Number: Deposit Amount: Deposit/Key Returned: Check Key Issued: ____ YES __ _ NO 3 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: San Diego County Superintendent of Schools Person in charge of activity: Di ane Hal 1 am Address:. SCREC - 800 National City Blvd., #208, National City, CA 91950 Telephone: 619-470-5272 E Mail: dh al l am@sdcoe . net City Facilities and/or property requested: MLK - North Room Date(s) of use: Thursday, January/ 15, 2009 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 Date Certificate of Insurance Approved by Name and Title 4 1 L/ 1/, L u V O l7U lr Y: 4 f r r1A Safety/ Security CUu3J u .i Please describe your procedures for crowd control and internal security: Our audience is a group of professional educators with whom we regularly work. They are a well-behaved, respectful group of people. We have meeting norms and professional obligations which are always in place We are a consortium of six school districts including National School District itself. The other districts include Coronado, Lemon Grove, Juvenile Courts & Community Schools, San Ysidro, South Bay (and Integrity Charter School this year, which is located here in National City). 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: 5 IO U U O f U 1 1 Monitoring Alcohol Consumption Please describe your procedures for monitoring alcohol consumption: N/A - Not serving alcohol at this event. 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: 6 wJuurrui 11/1//LVU0 NUN Y:4o rHA Public Works Police Department _ Fire Department Community Services Building and Safety Engineering Risk Management Finance Department _ _ Planning Department Yes No Condition(s) of Approval Specific Conditions of Approval: Date Initial 7 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE December 16. 2008 '`r AGENDA ITEM NO. 26 (EM TITLE Request that City Council direct the National City Representative on the Port's Public Art Committee, to request that $45,000 be set aside on the Port of San Diego's 2009 -10 Public Art Acquisitions List for 19th Century inspired seating groups along Marina Way. No funding impact to the City. PREPARED BY DEPARTMENT Kaseem BakerCommunity Services (619) 336-4274 EXPLANATION In order to compliment the revitalization of National City's waterfront which includes the National City Marina and the National City Aquatic Center, the Port of San Diego's Public Art Department has suggested the integration of approximately ten 19th Century themed seating groups be placed along the eastern side of Marina Way. Marina Way serves as an important connecting corridor between the National City Historic Railcar Plaza, National City Rail Depot, National City Pier 32 Marina, Aquatic Center and Pepper Park. The two 19th Century inspired buildings highlight a unique epoch in National City's Railroad history therefore design concepts would aim to develop attractive, comfortable, and artistic seating groups that recreated this era. Themes may include antique luggage, packing trunks, and tile ceramic applications on benches influenced by those designed by the California China Products Company in 1911. Seating should be functional, durable and comfortable. The Port's Public Art Committee (PAC) is currently developing its 2009-10 Acquisitions List and the opportunity has become available to request monies for City -supported Public Art projects on Port Tidelands Environmental Review N/A Financial Statement No Funding impact Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff recommends that City Council allow the National City Representative on the Port's Public Art Committee, to request that S45,000 he set aside on the Port of San Diego's 2009 -10 Public Art Acquisitions List for 19111Century inspired seating groups along Marina Way. BOARD / COMMISSION RECOMMENDATION The National City Public Art Committee (NCPAC) unanimously recommended we pursue this opportunity. ATTACHMENTS ( Listed Below) Resolution No. • Images of 19th Century influences for seating design 19th Century Themed Seating Groups for Marina Way Port of San Diego- National City Rep. Susanna H. Peredo 7"`"•,.:11.? •-..:-.4.1.-id__ .,,,i.`.4. ..:" \ , : . ‘ '"*. _4 -,-: , -4.../.... r • 7,:' r'''''''sr")...."- •>-- ---1 / „—„,.-.----,-- ,- ...---.> ,r • P —I ./ 1 1_17)1 ., ..,,,, :'>i'•,,- - i'lr"?' -- ....) :4*, - • 4-1. cj City of National City, California COUNCIL AGENDA STATEMENT `, MEETING DATE December 16, 2008 AGENDA ITEM NO. 27 ITEM TITLE Request that City Council direct the National City Representative on the Port's Public Art Committee, to request that $15,000 be set aside on the Port of San Diego's 2009-10 Public Art Acquisitions List for artistic enhancements to the sidewalk between the new Marina and Pepper Park. No Funding impact to the City. PREPARED BY DEPARTMENT Kaseem Baker _ O �%1 j (619) 336-4274 Community Services EXPLANATION In order to compliment the revitalization of National City's waterfront which includes the National City Marina and the National City Aquatic Center, various major maintenance projects are being considered including a $68,000 sidewalk enhancement to the National City Goesno Place corridor. Goesno Place is an important visual corridor connecting the National City Marina to the new Aquatic Center, Pier 32, and Pepper Park. Artistic sidewalk enhancements could be easily integrated into the cement and may include but are not limited to aquatic iconography, poetry, or way finding language. The Port's Public Art Committee (PAC) is currently developing its 2009-10 Acquisitions List and the opportunity has become available to request monies for City -supported Public Art projects on Port Tidelands. Environmental Review N/A Financial Statement No Funding Impact Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff recommends that City Council allow the National City Representative on the Port's Public Art Committee, to request that $15,000 be set aside on the Port of San Diego's 2009-10 Public Art Acquisitions List for artistic enhancements to the new Goesno Place sidewalk. BOARD / COMMISSION RECOMMENDATION The National City Public Art Committee (NCPAC) unanimously recommended we pursue this opportunity. ATTACHMENTS ( Listed Below) Resolution No. N/A City of National City, California COUNCIL AGENDA STATEMENT Niimov MEETING DATE December 16, 2008 AGENDA ITEM NO. 28 ITEM TITLE Request that City Council direct the National City Representative on the Port's Public Art Committee, to request that $35,000 be set aside on the Port of San Diego's 2009-10 Public Art Acquisitions List for an Urban Tree in National City's Pepper Park Entryway Roundabout. No funding impact to the City. PREPARED BY DEPARTMENT Kaseem Baker Community Services (619) 336-4274 EXPLANATION In 2003 the Port of San Diego's Public Art Program conceived the Urban Trees as a temporary exhibit initiative aimed at punctuating, activating, and enhancing San Diego Bay. Each year, artists are invited to design these artistic trees and from over one hundred entries approximately thirty artworks are commissioned for a yearlong exhibit along Harbor Drive. The Port's Public Art Program sets aside monies each year to purchase standout artworks from the Urban Trees program as an incentive to local artists and to enhance the Port's Permanent Public Art collection. Urban Trees from the Port's Permanent Public Art collection are currently being exhibited at each of the five Port cities except the City of National City. In October 2008, a walk through of the National City Marina and Pepper Park area was held with Port and City representatives to identify a location for an Urban Tree in National City. Port and City staff recommended the Pepper Park Entryway Roundabout as the optimal site for this project. The Port's Public Art Committee (PAC) is currently developing its 2009-2010 Acquisitions List and the opportunity has become available to select an Urban Tree from the existing collection or from Urban Trees 5, currently on exhibit through August 2009. Images of recommended Urban Trees attached (subject to availability.) "I'he Port's Public Art Committee (PAC) is currently developing its 2009-10 Acquisitions I.,ist and the opportunity has become available to request monies for City -supported Public Art projects on Port Tidelands. Environmental Review Financial Statement No Funding Impact NIA Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff recommends that City Council allow the National City Representative on the Port's Public Art Committee, to request that $35,000 be set aside on the Port of San Diego's 2009-10 Public Art Acquisitions List for for an Urban Tree in National City's Pepper Park Entryway Roundabout. BOARD / COMMISSION RECOMMENDATION The National City Public Art Committee (NCPAC) unanimously recommended we pursue this opportunity. ATTACHMENTS ( Listed Below) Resolution No. • Images of recommended Urban Trees Available Urban Trees from the Port of San Diego's Permanent Public Art collection • Orange Tree by Guy & Ellen Mayenobe: The artists spell out the word "tree" in this welded steel sculpture. Bright orange paint enhances the hold block lettering, thus the appropriate title, "Orange "Tree." $9,500 • San Diego .Synergy by Kent Krabcr: The wildlife found along San Diego's shoreline and beneath its waters is captured in this stainless steel sculpture. Different varieties of seabirds and fish mesh with sailboats and the fluid curves of wind and water. $35,000 Available Urban Trees from the Port of San Diego's Permanent Public Art collection • l lelicoid III by Robert Pietruszewski: A marvel of engineering, this aluminium and stainless steel sculpture includes kinetic components that seem to balance in midair. Its motion is accomplished by five independent and compound axes of rotation, allowing the sculpture to wind into a spiral and other shapes. $ 12,000 • Sea Dragon by Deana Mando: Sea Dragon is a curved construction of epoxy fibreglass over a flexible aluminium tube frame with welded steel supports. The artist has always been fascinated by stories of sea monsters and fantasy creatures. She hopes viewers will feel a similar sense of amazement while in the presence of this urban sea creature. $10,000 Available Urban Trees from the Port of San Diego's Permanent Public Art collection • Mini the Mermaid by Frank Mando: Frank Mando's twelve foot tall "Mini the Mermaid," fashioned of welded steel sheets, seemingly floats amidst strands of giant kelp. This piece connects coastal myth and culture expressed as a mysterious sea creature, previously seen only in our imaginations. $7,500 Urban Trees from the Port of San Diego's Urban Trees 5 collection "Sea and Sky" by Ken Smith: This abstract sculpture depicts wildlife commonly found along the California coast. A fun -loving sea otter plays with a ball in the surf as a graceful seagull soars overhead. The artworks highly polished stainless steel surfaces reflect the ever -changing environment. $23,000 • "My Bike" by Amos Robinson: This kinetic sculpture captures the iconic image of a carefree bicyclist cruising along the beach. As the wind blows, the wheels of the bicycle spin and the bike appears to be changing direction. The polished steel surfaces reflect the sky, sea and the flow of life along the Embarcadero. $31,000 City of National City, California COUNCIL AGENDA STATEMENT IEETING DATE December 16, 2008 AGENDA ITEM NO. 29 ITEM TITLE Request to use the Martin Luther King, Jr. Community Center by the Community Service Department for a community viewing of the Presidential Inauguration Events on Tuesday, January 20, 2009 from 7am to 11am, as a City -sponsored event. PREPARED BY Kaseem Baker Phone: (619) 336-427 DEPARTMENT Community Services EXPLANATION At the December 3, 2008 Council Meeting, Vice Mayor Sotelo-Solis requested that an item be agendized for the December 16 City Council meeting to request that the City sponsor a community event to watch the televised Presidential Inauguration ceremonial events on Tuesday, January 20, 2007 from 7am to 11 am at the Martin Luther King, Jr. Community Center. The broadcast begins with the Inaugural Parade (exact time still to be determined) followed by the Swearing -In Ceremony at noon, Eastern Standard Time. Cost: Building Use Fee: $ 50.00 Hall Fee: $ 351.80 Custodial: $ 132.00 Total $ 533.80 Cleaning Deposit: $ 100.00 This request is consistent with City Council Policy #803 which governs the use of the center. Environmental Review N/A Financial Statement STAFF RECOMMENDATION Approve the request with waiver of fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. None COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT National City, California 'MEETING DATE: December 16, 2008 Niove AGENDA ITEM NO. 30 ITEM TITLE: Authorize the reimbursement of CDC expenditures in the amount of $232,118.78 to the City of National City for the period of 11/12/08 through 11/18/08 PREPARED BY: Jeanette Ladrido, C Finance Director EXPLANATION: DEPARTMENT Finance (619) 336-4331 Effective July 1, 2008, the Community Development Commission's fiscal operations have been merged with the City of National City. In order to streamline the payment process, the City of National City pays for all ex- penditures for the CDC. Attached is a detailed listing of all CDC warrants paid for with the City General Funds. Staff requests ap- proval of the reimbursement of CDC activity. Environmental Review N/A Financial Statement Approve the reimbursement of funds to the City of National City in the amount of $232,118.78 l STAFF RECOMMENDATION Accept and File. BOARD/COMMISSION RECOMMENDATION N/A [.(ACHMENTS (Listed Below) Warrants for the period the period of 11/12/08 through 11/18/08 +� CALIFORNIA *�* 1/1 NATIONAL CITr INCORPORATED COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER #21 11 / 18/2008 Check Number 'Vendor Name 223922 NATIONAL CITY DIABLOS 223984 BEST BEST & KRIEGER LLP 223985 ' CHRISTENSEN & SPATH LLP 223986 - 'C- ORPORATE EXPRESS 223987 :COUNTY OF SAN DIEGO 223988 1DIXIELINE LUMBER CO. 223989 iEDCODISPOSAL 223990 TGLADWELL GOVT SERVICES INC 223991 IBARRA, GABRIEL 223992 ! NATIONAL CONSTRUCTION RENTAL 4 • 223993 'POWER PLUS 223994 ,PRUDENTIAL OVERALL SUPPLY 223995 ;RICK ENGINEERING CO. 223996 !SAN DIEGO DAILY TRANSCRIPT t 223997 • SAN DIEGO GAS & ELECTRIC 223998 ISD COUNTY VECTOR CONTROL 223999 I STRATACOM 224000 THE STAR NEWS 224001 UNION TRIBUNE PUBLISHING CO 224002 :V- ISTA PAINT I 224004 ; CRUZ M. BUSTAMANTE & ASSOC 224005 ;EQUIFAX INFORMATION SVCS 224006 ;HUSK PARTNERS PAYROLL PERIOD 23 ;From 10/21/08 To 11/03/08 TOTALS Fund 301 CDBG. 30,000.00'. Fund 502 Fund 505 Fund 511 Tax Section 8 I Home Fund : Increment 77_75 L 20,771.78 I 31,219_98„ 20,849.53 t 1,219 98 21.00 262.50 j 336.55 3,677.10 10.62 83.80 1,920.00 .1 177.08 t 195.00; ... -. .-I 26.68 . 84, 367. 26 j 588.10 136.18 i 199.57 _.. 31 54 31.541 1,599.00' 41.57 t 12,000.00 7,500.00 1... Fund 522 Low Moderate Housing 63,719.55 21.00 176,872.10 1,231.09 a Total Check 30,000.00 262.50 • 2100 336.55 3,677.10 10.62 , 83.80 1,920.00 i 1,231.091 177.08 '' 195.00 2668I 84_367.26 j 58810' 136.18 199.57 63.08i 1,599.00 473.60 1 473.60 41.57 12,000.00 77.75 --- 7,500.00 ; 1,419.94- 87,131.25 • 3,156.17 232,118.78 I:\Common\FINANCE\Accounts Payable\CDC FY0809\FY0809 CDC Warrant Registers\CDC 0811 November Reg21 COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT National City, California 'MEETING DATE: January 6, 2009 AGENDA ITEM NO. 31 ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $95.99 to the City of National City for the period of 11/19/08 through 11/25/08 PREPARED BY: EXPLANATION: Jeanette Ladrido, Finance Director DEPARTMENT Finance (619) 336-4331 Effective July 1, 2008, the Community Development Commission's fiscal operations have been merged with the City of National City. In order to streamline the payment process, the City of National City pays for all ex- penditures for the CDC. Attached is a detailed listing of all CDC warrants paid for with the City General Funds. Staff requests ap- proval of the reimbursement of CDC activity. • Environmental Review N/A Financial Statement Approve the reimbursement of funds to the City of National City in the amount of $95.99 J r STAFF RECOMMENDATION Accept and File. BOARD/COMMISSION RECOMMENDATION N/A J rACHMENTS (Listed Below) Warrants for the period the period of 11/19/08 through 11/25/08 1/1 4)- CALIFORNIA NATIONAL CITIr COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER #22 11/25/2008 Check T. t ; Fund 301 : Fund 502 Fund 505 ; Fund 511 TaxT Fund 522 Low ! • 1 Number ;Vendor Name I CDBG. ! Section 8 Home Fund ! Increment Moderate Total Check 1 ' Housing. i_ 224125 SAN DIEGO TROLLEY INC ! ; 95 99 4 - ..; : 95 99 • - ' • I I . 1 i • 1 • TOTALS r- . r - - . 95.99 95.99 \Common\FINANCE\Accounts Payable\CDC FY0809\FY0809 CDC Warrant Registers\CDC 0811 November Reg22 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE December 16 2008 AGENDA ITEM NO. 32 /ITEM TITLE Report — Quarterly update on the areawide environmental assessment of the Westside Neighborhood, being conducted under a grant from the US Environmental Protection Agency ("EPA"). PREPARED BY reVr DEPARTMENT Patricia Beard (ext 4255) Redevelopment Division Redevelopment Manager EXPLANATION On August 1, 2007 the CDC commenced an areawide environmental assessment of hazardous conditions in the Westside Specific Planning area. Following observation of commercial -industrial site conditions and review of hazardous permits issued in the neighborhood, an areawide inventory was prepared and on March 4, 2008, the CDC Board approved 20 of the commercial -industrial properties for further investigation via Phase I environmental investigations to be conducted in keeping with federal standards. A Phase I investigation is an in-depth investigation of historical records about a property. All 20 Phase l's, including a Phase I study of the Public Works Yard have been completed. The next step in the grant project will be to prepare Property Profile Reports on the Phase 1 sites, as required by EPA. Additionally, a Phase II environmental investigation of the Public Work -Paradise Creek proposed housing project site will be commenced immediately. Phase II studies include actual soils testing in preparation for project financing and a remediation action plan. Environmental Review Not applicable. Financial Statement As of October 31, 2008, $73,017.18 of the full $200,000 grant award had been expended. Account No 900846 STAFF RECOMMENDATION Accept and file. BOARD / COMMISSION RECOMMENDATION Not applicable. STRATEGIC GOAL 2B. Aggressively seek funding sources. 5B. Complete Westside Specific Plan and Analyze Comprehensive Implementation Strategy. J f ATTACHMENTS 1. Resolution No. ITEM #33 12/16/08 DISCUSSION OF SWEETWATER AUTHORITY BOARD - COUNCIL INIIATED - November 11, 2008 Honorable Ron Morrison Mayor of National City City Hall National City, CA 92950 Dear Mayor Morrison, In my many years of public service, I have never met anyone in an elected or appointed position, who acted as irresponsible and deceitful as Mitch Beauchamp has toward the organization he was appointed to serve. Mr. Beauchamp has diverted the attention of the board away from necessary board actions to resolve problems he is causing by his wrongful actions. I urge you to remove him from his appointment to the Sweetwater Authority board. Sincerely, it) at4 Cb W. D."Bud" Pocklington Sweetwater Authority Board Member 656 Glover Place, Chula Vista, CA November 9, 2008 Honorable Ron Morrison Mayor of National City City Hall National City, CA 929S0 Dear Mayor Morrison, Please remove Mitch Beauchamp as a member of the Sweetwater Authority Board. I came to the decision to make this request after much serious deliberations about how to handle this problem of having him disrupt our board. Mr. Beauchamp's harmful actions fly in the face of all logic and expectations about a productive board member and even common sense or fair play. I believe I have to askyou for this action because Mr. Beauchamp's actions have been deplorable. Sincerely, ry M (A.)Lc. its. Margaret A. Welsh Sweetwater Authority Board Member 4616 Schaumberg Place, Bonita, CA Z9 3Vdd 30/Z0 39Vd L696 S, 0>iNT>I X3Q33 SO>INI>i X3Q33 869Z-Z8ti--6t9 8T:80 802Z/TI/It 00PPI£SZ98 SZ:80 800Z/II/II November 10, 2008 Honorable Ron Morrison Mayor of National City City Hall National City, CA 92950 Dear Mayor Morrison, As a former GM of Sweetwater Authority (1992 thru 1999) 1 am very upset about the actions of Mitch Beauchamp in his appointed position on the Sweetwater Authority Board. He has spread false information which defames the best water district in the county. Mr. Beauchamp has derided the Authority on many public occasions to members of the public, the water community and political office holders. He has spread his opinions that Sweetwater Authority is not properly managed. By these actions he has proved that he has no interest in the seat he occupies or in being a productive board member. He only seeks to tear down what others have worked for 31 years to build up. Please remove him from the Board at this very critical juncture. Sincerely, Richard A. Reynolds Former General Manager 3 November 9, 2008 Honorable Ron Morrison Mayor of National City City Hall National City, CA 92950 Dear Mayor Morrison, By his actions over the past seven months, Mr. Mitch Beauchamp has made statements about Sweetwater Authority staff and board members which would surely result in dismissal had he been an employee. This kind of conduct does not meet the standards for a Sweetwater Board member. He has lied to me and the board as to his activities concerning the Authority and has proven to me that is does not consider himself a member of the board but rather a critic of the board and the Sweetwater Authority staff. Please use your authority as Mayor of National City to remove him from the Sweetwater board and to replace him with someone with integrity and honesty. Sincerely, James F. Doud Sweetwater Authority Board Member 501 Anita Street, Space 47, Chula Vista, CA November 11, 2008 Honorable Ron Morrison Mayor of National City City Hall National City, CA 92950 Dear Mayor Morrison, I regret that I must write this letter asking you to remove Mitch Beauchamp from the Sweetwater Authority Board of Directors. It is the responsibility of the Board Chairman to represent the full board and its actions in any public announcements, meetings or forums he attends and to be only in support of the decisions of the full board. He has not done this. He has spread his negative personal opinions about the Sweetwater Authority and has overstepped his authority as Board Chairman by interfering with employees at work and off duty. His actions have been harmful to the good reputation of Sweetwater Authority. He has also shown a lack of respect for Board members and staff and this is unacceptable. Teresa `Terry" Thomas Sweetwater Authority Board Member 1339 Second Avenue, Chula Vista, CA 91911 S November 10, 2008 Honorable Ron Morrison Mayor of National City City Hall National City, CA 92950 Dear Mayor Morrison, I am writing to ask you to remove, your appointee, Mitch Beauchamp from the Sweetwater Authority Board. He has been a divisive influence on the board. Mitch has gone against the advice of the counsel and manager to try to get employees to give information they do not have. He has discussed closed session information with employees and has formed a personal relationship with an employee about whom the board is making sensitive personnel decisions. Mitch cannot be allowed to remain on the board because he is acting in an irresponsible manner by contacting employees and discussing board matters with them. Sincerely, ames C. Alkire Sweetwater Authority Board Member 361 E. James Court, Chula Vista CA