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HomeMy WebLinkAbout2009 03-03 CC CDC AGENDA PKTAgenda Of A Regular Meeting - National City City Council / Community Development Commission of the City of National City Council Chambers Civic Center 1243 National City Boulevard National City, California Regular Meeting - Tuesday — March 3, 2009 — 6:00 Y.M. Open To The Public Please complete a request to speak form prior to the commencement of the meeting and submit it to the City Clerk. It is the intention of your City Council and Community Development Commission (CDC) to be receptive to your concerns in this community. Your participation in local government will assure a responsible and efficient City of National City. We invite you to bring to the attention of the City Manager/Executive Director any matter that you desire the City Council or Community Development Commission Board to consider. We thank you for your presence and wish you to know that we appreciate your involvement. ROLL CALL Pledge of Allegiance to the Flag by Mayor Ron Morrison Public Oral Communications (Three -Minute Time Limit) NOTE: Pursuant to state law, items requiring Council or Community Development Commission action must be brought back on a subsequent Council or Community Development Commission Agenda unless they are of a demonstrated emergency or urgent nature. Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at (619) 336-4228 to request a disability -related modification or accommodation. Notification 24-hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Spanish audio interpretation is provided during Council and Community Development Commission Meetings. Audio headphones are available in the lobby at the beginning of the meetings. Audio interpretacion en espanol se proporciona durante sesiones del Consejo Municipal. Los audiofonos estan disponibles en el pasillo al principio de la junta. Council Requests That All Cell Phones And Pagers Be Turned Off During City Council Meetings 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 3/3/2009 - Page 2 PROCLAMATION 1. Proclaiming Tuesday, March 3, 2009 as: "2010 CENSUS DAY' CITY COUNCIL CONSENT CALENDAR Consent Calendar: Consent calendar items involve matters, which are of a routine or noncontroversial nature. All consent calendar items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. 2. Approval of the Minutes of the Regular City Council/Community Development Commission Meeting of February 3, 2009. (City Clerk) 3. Approval of a motion to waive reading of the text of the Ordinances considered at this meeting and provides that such Ordinances shall be introduced and/or adopted after a reading of the title only. (City Clerk) 4. Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation of red curb "No Parking" (40 feet in total) at the intersection of W. 18th Street and Grove Street to improve sight distance. (TSC Item No. 2009-5) (Engineering) 5. Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation of red curb "No Parking" (30 feet in total) on the 1400 block of National City Boulevard adjacent to the Public Library driveway to improve sight distance. (TSC Item No. 2009-4) (Engineering) 6. Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation of "Do Not Block Intersection" signs at the intersection of Sweetwater Road and Calmoor Street/Fairlomas Road for eastbound traffic. (TSC Item No. 2009-3) (Engineering) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 3/3/2009 - Page 3 CONSENT CALENDAR (Cont.) 7. Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation of time restricted parking in front of Bayview Tower located at 701 and 801 National City Boulevard. (TSC Item No. 2009-2) (Engineering) 8. Resolution of the City Council of the City of National City approving Amendment No. 1 to the Agreement with Kleinfelder West, Inc. in the amount not -to -exceed $36,500 and authorizing the Mayor to execute the amendment to provide materials testing services in conjunction with the National City Street Resurfacing Project, FY 08-09 (Phase 2). (Funded by Traffic Congestion Relief, Gas Tax, Proposition A, and Proposition 1 b funds.) (Engineering) 9. Resolution of the City Council of the City of National City approving Amendment No. 2 to the Agreement with the City of Chula Vista in the amount not -to -exceed $30,240 and authorizing the Mayor to execute the amendment to provide inspection services in conjunction with the Bay Marina Drive Widening Project. (Funds are available in the Tax Increment Fund) (Engineering) 10. Resolution of the City Council of the City of National City scheduling a Public Hearing date on March 17, 2009 to determine Underground Utility District No. 16A for the purpose of converting the overhead facility along Plaza Boulevard from Interstate 805 to the west of Palm Avenue. (Funds are available through San Diego Gas & Electric Company, allocated funds for undergrounding). (Engineering) 11. Resolution of the City Council of the City of National City authorizing the Mayor to sign an Amendment to the Heartland Communications Facility Authority Joint Powers Agreement deleting the East County Fire Protection District as a member agency and revising the formula for allocation of expenses. (Fire) 12. Resolution of the City Council of the City of National City authorizing the City Manager to execute a Tolling Agreement with the County of San Diego pertaining to potential legal action to determine the validity of the County's Property Tax Administration Fee. (City Attorney) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 3/3/2009 - Page 4 CONSENT CALENDAR (Cont.) 13. WARRANT REGISTER #32 Warrant Register #32 for the period of 01/28/09 through 02/03/09 in the amount of $1,396,034.48. (Finance) 14. WARRANT REGISTER #33 Warrant Register #33 for the period of 02/04/09 through 02/10/09 in the amount of $2,059,877.94. (Finance) PUBLIC HEARING 15. Public Hearing — Fiscal Year 2009-2010 Funding Cycle for the CDBG and HOME Programs — Applicant Presentations. (Housing and Grants Division - Community Development Department) ORDINANCE FOR INTRODUCTION 16. An Ordinance of the City Council of the City of National City amending Title 18 of the National City Municipal Code amending Chapter 18.142 pertaining to Residential Density Bonus and Affordable Housing Incentives. (Applicant: City initiated) (Case File No. 2008-15 A) (Planning) NON CONSENT RESOLUTION 17. Resolution of the City Council of the City of National City approving and adopting the Fiscal Year 2008-2009 mid -Year budget changes. (Finance) NEW BUSINESS 18. Time Extension Request — Planned Development Permit for a three-story office building including retail space and structured parking on an approximately 1- acre vacant lot on the north side of East 8th Street, west of V Avenue. (Applicant: Kamel Zayet) (Case File 2009-01 TE) (Planning) 19. General Plan Annual Progress Report for 2008. (Planning & Building) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 3/3/2009 - Page 5 COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 20. Authorize the reimbursement of Community Development Commission expenditures in the amount of $40,032.02 to the City of National City for the period of 01/28/09 through 02/03/09. (Finance) 21. Authorize the reimbursement of Community Development Commission expenditures in the amount of $220,072.73 to the City of National City for the period of 02/04/09 through 02/10/09. (Finance) 22. Resolution of the Community Development Commission (CDC) of the City of National City approving an Agreement by and between the Community Development Commission and E2 Manage Tech for as -needed environmental consulting services for the National City Redevelopment Project for the period from March 3, 2009 — November 30, 2010 in the not -to -exceed amount of $150,000. (Redevelopment Division) NON CONSENT RESOLUTIONS 23. Resolution of the Community Development Commission (CDC) of the City of National City approving and adopting the Fiscal Year 2008-2009 mid -year budget changes. (Finance) 24. Resolution of the Community Development Commission of the City of National City authorizing the Mayor to execute an Exclusive Negotiation Agreement with the Related Companies of California and Community Housing Works for a transit -oriented infill mixed -use and affordable housing project. (Redevelopment Division) NEW BUSINESS STAFF REPORTS CITY COUNCIUCOMMUNITY DEVELOPMENT COMMISSION AGENDA 3/3/2009 - Page 6 MAYOR AND CITY COUNCIL ADJOURNMENT Next Regular City Council and Community Development Commission Meeting - Tuesday — March 17, 2009 - 6:00 p.m. — Council Chamber - National City. TAPE RECORDINGS OF CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION MEETINGS ARE AVAILABLE FOR SALE IN THE CITY CLERK'S OFFICE CITY OF NATIONAL CITY PL-0-efaMiait.6127/ WHEREAS, the U.S Census Bureau is required by the Constitution of the United States of America to conduct a count of the population and provides a historic opportunity for National City to help shape our city and play an active role in American democracy; and WHEREAS, National City is committed to ensuring every resident is counted; and WHEREAS, more than $300 billion per year in federal and state funding is allocated to communities, and decisions are made on matters of national and local importance based on census data, including healthcare, community development, housing, education, transportation, social services, employment, and much more; and WHEREAS, Census data determines how many seats each state will have in the U.S. Clouse of Representatives as well as the redistricting of state legislatures, county and city councils, and voting districts; and WHEREAS, the 2010 Census creates hundreds of thousands of jobs across the nation; and WHEREAS, every Census Bureau worker takes a lifetime oath to protect confidentiality and ensure that data identifying respondents or their household not be released or shared for 72 years; and WHEREAS, a united voice from businesses, government, community -based and faith -based organizations, educators, media and others will allow the 2010 Census message to reach a broader audience, providing trusted advocates who can spark positive conversations about the 2010 Census. THEREFORE, as Mayor and City Council, by virtue of the authority vested in us by the City of National City, do hereby proclaim Tuesday, March 3, 2009 as: 2010 CENSUS DAY We call upon all citizens of National City take a moment to commemorate this event in their own individual manner. Ron Morrison Mayor -Solis Vice Mayor Jess Van Deventer Councilmember Francisco "Frank" Parra Councilmember Rosa T' .Q. Z�lrate Councilwoman ITEM #2 3/3/09 Approval of the Minutes of the Regular City Council/Community Development Commission Meeting of February 3, 2009 (City Clerk) City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Dalla, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 To: Honorable Mayor and Council From: Michael R. Dalla, City Clerk Subject: Ordinance Introduction and Adoption ITEM #3 3/3/09 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 ‘,40,IIEETING DATE March 3, 2009 AGENDA ITEM NO. 4 (ITEM TITLE Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation of red curb "no parking" (40 feet in total) at the intersection of W. 18t Street and Grove Street to improve sight distance (TSC Item No. 2009-5) PREPARED BY Stephen Manganiello DEPARTMENT Engineering EXT. 4382 EXPLANATION Please see attached. J Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolut BOARD / COMMISSION REC MMED At their meeting on February 11, 200(the Traffic Safety Committee approved the staff recommendation to install red curb "no parking" at the intersection of W. 18th Street and Grove Street to improve sight distance. ATTACHMENTS (Listed Below) Resolution No. 1. Explanation 2. Staff Report to the Traffic Safety Committee (February 11, 2009) A-200 (Rev. 7/03) Explanation The Engineering Department received a request for installation of red curb "no parking" at the intersection of W. 18th Street and Grove Street. Vehicles have difficulty exiting Grove Street due to parked vehicles and a vertical curve obstructing drivers' line of sight to the east. Staff visited the site and agrees that red curb "no parking" is warranted to improve sight distance. Staff recommends the following: 1) Install 10 feet of red curb "no parking" on W. 18th Street at Grove Street to improve sight distance for northbound traffic looking east. 2) Install 30 feet of red curb "no parking" on W. 18th Street at Grove Street to improve sight distance for southbound traffic looking east. All work will be completed by the City Public Works Department. TSC 2009-5 RESOLUTION NO. 2009 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO APPROVE THE INSTALLATION OF 40-FEET OF RED CURB "NO PARKING" AT THE INTERSECTION OF WEST 18TH STREET AND GROVE STREET TO IMPROVE SIGHT DISTANCE WHEREAS, the Engineering Department received a request for installation of red curb "no parking" at the intersection of West 18th Street and Grove Street because vehicles have difficulty exiting Grove Street due to parked vehicles and a vertical curve obstructing drivers' line of sight to the east; and WHEREAS, after visiting the site, staff agrees that red curb "no parking" is warranted to improve sight vision; and WHEREAS, at its meeting on February 11, 2009, the Traffic Safety Committee approved the installation of ten -feet of red curb "no parking" on West 18th Street at Grove Street to improve sight for northbound traffic looking east, and 30-feet of red curb "no parking" on West 18th Street at Grove Street to improve sight for southbound traffic looking east. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Engineer to approve the installation of ten -feet of red curb "no parking" on West 18th Street at Grove Street to improve sight for northbound traffic looking east, and 30-feet of red curb "no parking" on West 18th Street at Grove Street to improve sight for southbound traffic looking east. PASSED and ADOPTED this 3rd day of March, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR FEBRUARY 11, 2009 ITEM NO. 2009-5 ITEM TITLE: REQUEST FOR INSTALLATION OF RED CURB "NO PARKING" AT THE INTERSECTION OF W. 18TH STREET AND GROVE STREET (BY: CITIZEN OF NATIONAL CITY) PREPARED BY: Stephen Manganiello, Engineering Department DISCUSSION: The Engineering Department received a request for installation of red curb "no parking" at the intersection of W. 18`h Street and Grove Street. Vehicles have difficulty exiting Grove Street due to parked vehicles and a vertical curve obstructing drivers' line of sight to the east. Staff visited the site and agrees that red curb "no parking" is warranted to improve sight distance. STAFF RECOMMENDATION: Staff recommends the following: 1) Install 10 feet of red curb "no parking" on W. 18th Street at Grove Street to improve sight distance for northbound traffic looking east. 2) Install 30 feet of red curb "no parking" on W. 181h Street at Grove Street to improve sight distance for southbound traffic looking east. EXHIBITS: 1. Correspondence 2. Location Map 3. Photos 2009-5 Stephen Manganiello r_-om: Norma Maggiora .nt: Thursday, November 13, 2008 4:07 PM To: 'L. P'; Stephen Manganiello; Miguel Diaz Cc: Angelita Palma Subject: RE: possible dangerous traffic intersections -hank you for your email. I am sending a copy of your email to: ) The Engineering Department has a Safety Committee which can address your concerns regarding traffic on Grove and 8th Streets. ') The Parks Division of Public Works will look into the palm tree at Palm & Plaza. Jorma J. Maggiora tdministrative Secreiary ublic Works Department h: 336-4580 Fax: 336 -4594 mail: nmaggiora@nationalcityca.gov he City has implemented a 4/10 work schedule. City offices are open 7.00 am to 6 00 pm, Monday through Thursday and closed on Fridays. For more information. .g on to www.nationalcityco gov 'rom: L P [mailto:larp9899@yahoo.com] ;ent: Thursday, November 13, 2008 2:07 PM 'o: PublicWorks ;ubject: possible dangerous traffic intersections travel through the intersection of Grove Street and 18th Street daily and have noticed that there are several cars parked n IBth Street that are causing an obstruction. If you travel north on Grove Street and stop at the stop sign at I8th, you ave to inch your way into the intersection in order to see if cars are traveling west on 18th. I have seen several near ccidents because people just dart out into the intersection trying to proceed through to Grove Street or make a left turn rout (;rove onto 18th. Is there a possibility that part of the curb from the corner and alittle further east could be ainted rod on right hand side heading east on I Sth? also travel on Palm Street and when 1 try to make a right from Palm onto Plaza to head east, it is difficult sometimes ► see traffic because there is a Palm tree located at that corner at the vacant property that was formerly Arco Gas and mog. It obtructs your view of the vehicles that are traveling east on Plaza_ ('an something be done to trim the palm ronds, so that the view is clearer'? 'hank you for your time and consideration of my requests. 1/1 9/2008 b••••4 -4 1-1:rsriltikr,'*41 4; • PP•. •••.= V•• 4,4 Intersection of W. 18'1' St. & Grove St., northbound traffic (looking east) Intersection of W. 18' St. & Grove St., southbound traffic (looking east) City of National City, California COUNCIL AGENDA STATEMENT `.wdIEETING DATE March 3, 2009 AGENDA ITEM NO. 5 ITEM TITLE Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation of red curb "no parking" (30 feet in total) on the 1400 block of National City Boulevard adjacent to the Public Library driveway to improve sight distance (TSC Item No. 2009-4) PREPARED BY Stephen Manganiello DEPARTMENT Engineering EXT. 4382 EXPLANATION Please see attached. Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMIS ON RECO DAZ(O At their meeting on February 11, 2009 the Traffic Safety Committee approved the staff recommendation to install red curb "no parking" on the 1400 block of National City Boulevard adjacent to the Public Library driveway to improve sight distance. I ATTACHMENTS (Listed Below) Resolution No. 1. Explanation 2. Staff Report to the Traffic Safety Committee (February 11, 2009) A-200 (Rev. 7/03) Explanation The Engineering Department received a request for installation of red curb "no parking" on the 1400 block of National City Boulevard adjacent to the Public Library driveway. Vehicles have difficulty exiting the driveway due to parked vehicles obstructing drivers' line of sight to the south. Staff visited the site and agrees that 30 feet of red curb "no parking" is warranted to improve sight distance upon exiting the driveway. All work will be completed by the City Public Works Department. TSC 2009-4 RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO APPROVE THE INSTALLATION OF 30-FEET OF RED CURB "NO PARKING" ON THE 1400 BLOCK OF NATIONAL CITY BOULEVARD ADJACENT TO THE PUBLIC LIBRARY DRIVEWAY TO IMPROVE SIGHT DISTANCE WHEREAS, the Engineering Department received a request for installation of red curb "no parking" on the 1400 block of National City Boulevard adjacent to the Public Library driveway due to parked vehicles obstructing drivers' line of sight to the south when exiting the driveway; and WHEREAS, after visiting the site, staff agrees that red curb "no parking" is warranted to improve sight vision; and WHEREAS, at its meeting on February 11, 2009, the Traffic Safety Committee approved the installation of 30-feet of red curb "no parking" on the 1400 block of National City Boulevard adjacent to the Public Library driveway. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Engineer to approve the installation of 30-feet of red curb "no parking" on the 1400 block of National City Boulevard adjacent to the Public Library driveway to improve sight looking south upon exiting the driveway. PASSED and ADOPTED this 3rd day of March, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 4 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR FEBRUARY 11, 2009 ITEM NO. 2009-4 ITEM TITLE: REQUEST FOR INSTALLATION OF RED CURB "NO PARKING" ON THE 1400 BLOCK OF NATIONAL CITY BOULEVARD ADJACENT TO THE PUBLIC LIBRARY DRIVEWAY (BY: CITY, ON BEHALF OF CITIZENS) PREPARED BY: Stephen Manganiello, Engineering Department DISCUSSION: The Engineering Department received a request for installation of red curb "no parking" on the 1400 block of National City Boulevard adjacent to the Public Library driveway. Vehicles have difficulty exiting the driveway due to parked vehicles obstructing drivers' line of sight to the south. Staff visited the site and agrees that 30 feet of red curb "no parking" is warranted to improve sight distance upon exiting the driveway. STAFF RECOMMENDATION: Staff recommends installing 30 feet of red curb "no parking" on the 1400 block of National City Boulevard adjacent to the Public Library driveway to improve sight distance looking south upon exiting the driveway. EXHIBITS: 1. Location Map 2. Photos 2009-4 4' 4- Public Library driveway, 1400 block of National City Blvd. (looking south) City of National City, California COUNCIL AGENDA STATEMENT `IGIEETING DATE March 3, 2009 AGENDA ITEM NO. 6 ITEM TITLE Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation of "Do Not Block Intersection" signs at the intersection of Sweetwater Road & Calmoor Street / Fairlomas Road for eastbound traffic (TSC Item No. 2009-3) PREPARED BY Stephen Manganiello DEPARTMENT Engineering EXT. 4382 EXPLANATION Please see attached. Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMEDA At their meeting on February 11, 2009 the Traffic Safety Committee approved the staff recommendation to install "Do Not Block Intersection" signs at the intersection of Sweetwater Road & Calmoor Street / Fairlomas Road. I ATTACHMENTS (Listed Below) Resolution No. 1. Explanation .4411 2. Staff Report to the Traffic Safety Committee (February 11, 2009) A-200 (Rev. 7/03) Explanation Residents of Calmoor Street have requested installation of "Do Not Block Intersection" signs at the intersection of Sweetwater Road & Calmoor Street / Fairlomas Road to discourage vehicles stopped at the traffic signal at Plaza Bonita Center Way from queuing (stacking) through the traffic signal at Calmoor Street, thereby preventing ingress/egress. While patrolling the intersection of Sweetwater Road & Calmoor Street / Fairlomas Road for traffic violations, the City's Police Department verified that drivers block the intersection during peak travel periods. Staff investigated the site and agrees that "Do Not Block Intersection" signs are warranted for eastbound traffic. All work will be completed by the City Public Works Department. TSC 2009-3 RESOLUTION NO. 2009 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO INSTALL "DO NOT BLOCK INTERSECTION" SIGNS AT THE INTERSECTION OF SWEETWATER ROAD AND CALMOOR STREET/FAIRLOMAS ROAD FOR EASTBOUND TRAFFIC WHEREAS, residents of Calmoor Street have requested the installation of "Do Not Block Intersection" signs at the intersection of Sweetwater Road and Calmoor Street/Fairlomas Road to discourage vehicles stopped at the traffic signal at Plaza Bonita Center Way from queing (stacking) through the traffic signal at Calmoor Street, thereby preventing ingress and egress; and WHEREAS, while patrolling the intersection for traffic violations, the Police Department verified that drivers block the intersection during peak travel periods; and WHEREAS, at its meeting on February 11, 2009, the Traffic Safety Committee approved the installation of "Do Not Block Intersection" signs at the intersection of Sweetwater Road and Calmoor Street/Fairlomas Road. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Engineer to install "Do Not Block Intersection" signs at the intersection of Sweetwater Road and Calmoor Street/Fairlomas Road to discourage vehicles stopped at the traffic signal at Plaza Bonita Center Way from queing (stacking) through the traffic signal. PASSED and ADOPTED this 3rd day of March, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalia, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney ITEM TITLE: 3 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR FEBRUARY 11, 2009 ITEM NO. 2009-3 REQUEST FOR INSTALLATION OF "KEEP CLEAR" STRIPING AT THE INTERSECTION OF SWEETWATER ROAD & CALMOOR STREET / FAIRLOMAS ROAD (BY: RESIDENTS OF CALMOOR STREET) PREPARED BY: Stephen Manganiello, Engineering Department DISCUSSION: Residents of Calmoor Street have requested installation of "Keep Clear" striping at the intersection of Sweetwater Road & Calmoor Street / Fairlomas Road to discourage vehicles stopped at the traffic signal at Plaza Bonita Center Way from queuing (stacking) through the traffic signal at Calmoor Street, thereby preventing ingress/egress. While patrolling the intersection of Sweetwater Road & Calmoor Street / Fairlomas Road for traffic violations, the City's Police Department verified that drivers block the intersection during peak travel periods. STAFF RECOMMENDATION: Staff recommends installation of "Keep Clear" striping with a "Do Not Block Intersection" sign at the intersection of Sweetwater Road & Calmoor Street / Fairlomas Road to discourage vehicles stopped at the traffic signal at Plaza Bonita Center Way from queuing (stacking) through the traffic signal at Calmoor Street, thereby preventing ingress/egress. EXHIBITS: 1. Correspondence 2. Location Map 3. Photos 2009-3 Stephen Manganiello Maryam Babaki _nt: Wednesday, November 12, 2008 1:59 PM To: Graham Young Cc: Stephen Manganiello Subject: RE: Traffic problems at Calmoor and Sweetwater Hi Graham: Good to hear form you and I hope all is well with you. I am copying our traffic engineer Steve Manganiello on this e-mail so he can follow up on this problem. We will contact you soon. Thank you for bringing this matter to our attention! Maryam Babaki, P.E. City Engineer City of National City 1243 National City Boulevard National City, CA 91950 Phone: 619-336-4383 Fax: 619-336-4397 Graham Young Sent: Saturday, November 08, 2008 4:58 PM To: Maryam Babaki Cc: 'mferna52@dpyus.nj.com' Subject: Traffic problems at Calmoor and Sweetwater Hi Maryam, How have you been? The reason I am writing you is because last week I met with several citizens of National City who live off of Clamoor Street and Sweetwater Road, they had some serious concerns about being able to get out of and back into the cul-de-sac during rush hours both morning and evening. About a year ago, the city installed a new traffic signal at the above intersection and since then drivers block the intersection causing major problems for people who reside in the cul- de-sac of Calmoor Street and Calmoor Way during rush hour(s) (mornings and evenings). The problem gets worse during special events at Plaza Bonita. The citizens explained many instances were traffic collisions nearly occurred due to drivers stopped within the intersection. :ently, my squad was asked to conduct extra patrol in the area to address the above ,ftrof issue. My squad and I wrote 27 citations for this violation, all but one were residents from other cities. The day and hours that we enforced the violations were October 31st between 11 / 12/2008 1600 hours and 2000 hours. The citizens that lived in the cul-de-sac of Calmoor Street were requesting the city paint "Do f Block" in the intersection in hopes to alleviate their situation. How can we help the citttns out? And what process needs to be completed? Any help would be greatly appreciated! Thanks, Graham Young, Sergeant Patrol Division, "D" Squad National City Police Department (619) 336-4487 Desk (619 599-5796 Cell Nervy 1 1 / 12/2008 Location Map stl • - ` • • • • k‘....;44C-‘• Intersection of Sweetwater Rd. & Calmoor St. / FairLomas Rd. (looking east) City of National City, California COUNCIL AGENDA STATEMENT I.$IEETING DATE March 3, 2009 AGENDA ITEM NO. 7 ITEM TITLE Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation of time restricted parking in front of Bayview Tower located at 701 and 801 National City Boulevard (TSC Item No. 2009-2) PREPARED BY Stephen Manganiello DEPARTMENT Engineering EXT. 4382 EXPLANATION Please see attached. Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No STAFF RECOMME ' ATION Adopt the Resolutio BOARD / COMMISSION RECO MEDAT N At their meeting on February 11, 2009 th raffic Safety Committee approved the staff recommendation to install 1-hour time -restricted parking (8am-6pm daily) for approximately 10 spaces adjacent to 701 and 801 National City Boulevard, with one space on each block posted as "3-Minute Passenger Loading" (24- hour white curb). ATTACHMENTS (Listed Below) Resolution No. 1. Explanation 2. Staff Report to the Traffic Safety Committee (February 11, 2009) A-200 (Rev. 7/03) Explanation Mr. Jake Hill, Leasing Manager for Bayview Tower (under Pacifica SD Management), has requested time restricted parking adjacent to the ground floor commercial / office units of Bayview Tower located at 701 and 801 National City Boulevard. Currently the parking is unrestricted. Mr. Hill has requested 1-hour parking for approximately 10 spaces with one space on each block designated as 3-minute passenger loading in an effort to increase turnover and attract more business. Staff visited the site and agrees that time -restricted parking is warranted based on the adjacent land uses (Le. commercial / office units) and to provide consistency with the west side of National City Boulevard which has time -restricted parking. Staff recommends installation of 1-hour time -restricted parking (8am-6pm daily) adjacent to 701 and 801 National City Boulevard, with one space on each block posted as "3-Minute Passenger Loading" (24-hour white curb). All work will be completed by the City Public Works Department. TSC Zoos-2 RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO APPROVE THE INSTALLATION OF TIME -RESTRICTED PARKING IN FRONT OF BAYVIEW TOWER LOCATED AT 701 AND 801 NATIONAL CITY BOULEVARD WHEREAS, Mr. Jake Hill, Leasing Manager for Bayview Tower, has requested one -hour parking for the entire east side of the 700 block and 800 block of National City Boulevard, with one space on each block designated as 3-minute passenger loading in an effort to increase turnover and attract more business; and WHEREAS, inspection of the site has determined that time -restricted parking is warranted based on the adjacent land uses, and to provide consistency with the west side of National City Boulevard, which has time -restricted parking; and WHEREAS, at its meeting on February 11, 2009, the Traffic Safety Committee approved the installation of one -hour time -restricted parking from 8:00 a.m. to 6:00 p.m. daily for approximately 10 parking spaces adjacent to 701 and 801 National City Boulevard, with one space on each block posted as "3-Minute Passenger Loading". NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Engineer to establish one -hour time -restricted parking from 8:00 a.m. to 6:00 p.m. daily for approximately 10 parking spaces adjacent to 701 and 801 National City Boulevard, with one space on each block posted as "3-Minute Passenger Loading". PASSED and ADOPTED this 3rd day of March, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR FEBRUARY 11, 2009 ITEM NO. 2009-2 ITEM TITLE: REQUEST FOR INSTALLATION OF TIME RESTRICTED PARKING IN FRONT OF BAYVIEW TOWER LOCATED AT 701 AND 801 NATIONAL CITY BOULEVARD (BY: J. HILL) PREPARED BY: Stephen Manganiello, Engineering Department DISCUSSION: Mr. Jake Hill, Leasing Manager for Bayview Tower (under Pacifica SD Management), has requested time restricted parking adjacent to the ground floor commercial / office units of Bayview Tower located at 701 and 801 National City Boulevard. Currently the parking is unrestricted. Mr. Hill has requested 1-hour parking with one space on each block designated as 3-minute passenger loading in an effort to increase turnover and attract more business. Staff visited the site and agrees that time -restricted is warranted based on the adjacent land uses (i.e. commercial / office units) and to provide consistency with the west side of National City Boulevard which has time -restricted parking. STAFF RECOMMENDATION: Staff recommends the following: Install 1-hour time -restricted parking (8am-6pm daily) adjacent to 701 and 801 National City Boulevard, with one space on each block posted as "3-Minute Passenger Loading" (24-hour white curb). EXHIBITS: 1. Correspondence 2. Location Map 3_ Photos 2009-2 Stephen Manganiello r•-om: Jake Hill [jhill(apacificacompanies.com) ..nt: Wednesday, January 14, 2009 12:17 PM To: Stephen Manganiello Cc: 'Mike Liberatore': 'Manoj Chawla'; 'Ian Blake' Subject: Bayview Tower commercial parking ;teve, 'er our conversation and site walk Monday, here is our formal request letter to have the street parking for Bayview Tower ornrnercial units located at 801 and 701 National City Blvd., zoned for one hour parking in front of the buildings. Ve would like to have the curbs painted and appropriate signage posted for the entire East side of the 700 and 800 block of lational City Blvd. We would also request one, three minute passenger loading zone on each block (two total.) 'lease contact me if you have any questions or need anything else. Thanks. .<_ 1 Jill easing Manager ayview Tower LLC acifica SD Management )ffice (619) 399-3882 ax (619) 477-9170 :ell (619) 415-4943 1ill@pacificacompanies.corn ?/4/2009 Parking adjacent to 801 National City Boulevard (looking south) Parking adjacent to 701 National City Boulevard (looking south) Parking adjacent to 701 National City Boulevard (looking north) City of National City, California COUNCIL AGENDA STATEMENT `,.EETING DATE March 3, 2009 AGENDA ITEM NO. 8 ITEM TITLE Resolution of the City of National City Council approving Amendment No. 1 to the agreement with Kleinfelder West, Inc in the amount not -to -exceed $ 36,500 and authorizing the Mayor to execute the amendment to provide materials testing services in conjunction with the National City Street Resurfacing Project, FY 08-09 (Phase 2). (Funded by Traffic Congestion Relief, Gas Tax, Proposition A, and Proposition 1b Funds.) PREPARED BY Kenneth Fernandez DEPARTMENT Engineering EXT. 4388 EXPLANATION On July 15, 2008, the City entered into an agreement with Kleinfelder West, Inc in the amount not -to -exceed $51,400 for materials testing in conjunction with the Street Resurfacing Project per Resolution No. 2008- 138. Additional streets were added and continue to be added to the scope of work. The increase in work necessitates additional material testing. With approval of this amendment, the total authorized work will be $87,900 and is within the estimated budget for materials testing services per Resolution No. 2008-107. J Environmental Review X N/A Financial Statement MIS Approval Approved By: The total cost for materials testing services is $87,900 and is within the estimated budget for this project. Funds are available in expenditure accounts 345-409-500-598-6035 (Traffic Congestion Relief), 109-409-500-598-6035 (Gas Tax), 307-409-500-598- 6035 (Prop A), and 346-409-500-598-6035 (Prop 1 b) funds. STAFF RECOMMENDATION Adopt the Resolu BOARD / COMMISS 'e N RECOMMEND AATION N/A z____ Account No. I ATTACHMENTS (Listed Below) Resolution No. 1. Resolution NIT 2. Amendment 3. Proposal for additional services A-200 (Rev. 7/03) RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. 1 TO AGREEMENT WITH KLEINFELDER WEST, INC., IN THE NOT -TO -EXCEED AMOUNT OF $36,500 TO PROVIDE ADDITIONAL MATERIAL TESTING SERVICES FOR THE NATIONAL CITY STREET RESURFACING PROJECT WHEREAS, the City entered into an agreement with Kleinfelder West, Inc., in the not -to -exceed amount of $51,400 to provide materials testing services for the National City Street Resurfacing Project; and WHEREAS, additional streets have been added to the National City Street Resurfacing Project, and continue to be added, which necessitates additional material testing. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute Amendment No. 1 to Agreement with Kleinfelder West, Inc., in the not -to -exceed amount of $36,500 to provide materials testing services for the National City Street Resurfacing Project. Said Amendment No. 1 to Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 3rd day of March, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND KLEINFELDER WEST, INC This Amendment to Agreement is entered into this 17RD day of February, 2009, by and between the City of National City, a municipal corporation ("CITY"), and Kleinfelder West, Inc. (the "CONSULTANT"). RECITALS A. The CITY and the CONSULTANT entered into an agreement on July 15, 2008 ("the Agreement"), wherein the CONSULTANT agreed to provide material testing services for the Street Resurfacing Project with a not -to -exceed amount of $51,400. B. The parties desire to amend the Agreement to expand the Scope of Services to provide additional testing services. NOW, THEREFORE, the parties hereto agree that the Agreement entered into on 15th day of July 2008, shall be amended by expanding the Scope of Services as set forth in the attached Exhibit "A", which is incorporated herein by reference not -to -exceed $36,500. The parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated July 15, 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 By: Ron Morrison, Mayor KLEINFELDER WEST, INC (Corporation - signatures of two corporate officers) o n) APPROVED AS TO FORM: (Title) George H. Eiser, III City Attorney By: (Print) ‘qi) eA U,V641- I 1 S (Title) KLE/NFELOER Bright People. Right Solutions. February 17, 2009 Project No. 95623 Mr. Kenneth Fernandez City of National City 1243 National City Boulevard National City, California 91950 Subject: Change Order No. 1 Project: National City Street Resurfacing Project, FY 08-09 National City, California Specification No. 08-04 Dear Mr. Fernandez, 5015 Shoreham Piave San Diego, 00 9)1)2 P1 8.58.320 2000 f 1858.320 )001 kleinfelder.com Due to additional requested services not included in our original scope, we are requesting this Change Order No. 1. The requested additional services are primarily associated with asphalt paving and slurry seal testing and inspection services. INSPECTION SERVICES Based on information provided to us, we budgeted time as shown in our estimated budget prepared June 18th 2008 for each aspect of our scope of work. The original estimated budget is shown as "Authorized Budget" in the chart below. We have been requested to provide the number of hours and the quantity of tests shown under the "Worked to Date" column. The difference between the estimated budget and "worked to date" is shown and the cost difference has been calculated. We anticipate the additional asphalt and slurry seal testing and inspection services will require an additional 40 hours and $6,500 in lab testing to complete the project. 95623/SDI9C036 Copyright 2009 Kleinfelder Page 1 of 3 February 17, 2009 501 5 Shoreham p!di,, fhego, 9211' p� 858 320 J000 f 1 858 320 200' kleinfelder_com r h Ito Date A Budget , Difference. ( dollars Asphalt and Slurry Seal (Hours) 318 180 138 $ 1,1730.00 Asphalt and Slurry Seal Overtime (Hours) 17.5 0 101 $ 2,231.25 Laboratory Testing (Dollars) 42,942.00 2,400.00 18,942.00 $ 18,942.00 Additional Asphalt and Slurry Seal (Hours) 40 0 40 $ 3,400.00 Additional Laboratory Testing (Dollars) 6,500 0 6,500 $ 6,500.00 TOTAL-::. $49,303.25 As shown above the difference in testing and the estimated testing to complete the project would result in a change order of $49,303.25. However because time was not used for other budgeted tasks we are requesting a change order of 36,500.00. Current Authorized Budget: $ 51,400.00 Requested Change Order No. 1: $ 36,500.00 New Requested Authorization: $ 87,900.00 CLOSING We appreciate the opportunity to work with you on this project. If you have questions or need additional information, please contact our office at (858) 320-2000. Sincerely, KLEINFELDER WEST, INC. David W. Timms, PE Construction Engineer DWT:RCT:rp 95623/SDI9C036 Copyright 2009 Kleinfelder L_ Ronald C. Thomson Operations Manager Page 2 of 3 February 17, 2009 5015 Shoreham Prue San D!ego. (A NINO .11122 Pl 858.32C 2000 f 1858 320 2001 kleinfelder.com If you are in agreement with this change order request, please sign below and return this change order request to us. CITY OF NATIONAL CITY Acknowledged by Date 956231SDI9C036 Copyright 2009 Kleinfelder Page 3 of 3 February 17, 2009 City of National City, California COUNCIL AGENDA STATEMENT v „01EETING DATE March 3, 2009 AGENDA ITEM NO. 9 ITEM TITLE Resolution of the City of National City Council approving Amendment No. 2 to the agreement with the City of Chula Vista in the amount not -to -exceed $ 30,240 and authorizing the Mayor to execute the amendment to provide inspection services in conjunction with the Bay Marina Drive Widening Project. Funds are available in the Tax Increment Fund. PREPARED BY Barby Tipton DEPARTMENT Engineering EXT. 4583 EXPLANATION On June 3, 2008, a contract agreement was executed between the City of National City and the City of Chula Vista to provide engineering, construction management, and inspection services in the amount $200,000. On September 16, 2008 contract amendment number 1 for $275, 000 was approved by council to expand the number of personnel hours bring the authorized amount to $475,000. With the approval of this amendment number 2, the total amount of authorized work will be $505,240. This agreement is to provide construction inspection services for the Bay Marina Drive Widening Project. Environmental Review X N/A MIS Approval T1 „ Financial Statement Approved By: Finance Director Funds are available in expenditure account 511-409-500-598-3842 (Marina G teway Improvements) Account No. 511-409-500-598-3842 STAFF RECOMMENDATION Adopt the Resolu BOARD / COMMISSION REC N/A ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Amendment (2 original copies) 3. Project description cv A-200 (Rev. 7/03) RESOLUTION NO. 2009 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. 2 TO AGREEMENT WITH THE CITY OF CHULA VISTA THE NOT -TO -EXCEED AMOUNT OF $30,240 TO PROVIDE INSPECTION SERVICES FOR THE BAY MARINA DRIVE WIDENING PROJECT WHEREAS, on June 3, 2008, the City Council adopted Resolution No. 2008-96, approving an agreement with the City of Chula Vista in the amount of $200,000 to provide construction, engineering, management, and inspection services to the Engineering Department for major National City projects; and WHEREAS, on September 16, 2008, Resolution No. 2008-187 was adopted approving Amendment to Agreement No. 1 in the amount of $275,000 to provide additional construction, engineering, management, and inspection services required to meet the deadlines for several City projects; and WHEREAS, Amendment to Agreement No. 2 with the City of Chula Vista in the not -to -exceed amount of $30,240 is necessary to provide inspection services for the Bay Marina Drive Widening Project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute Amendment No. 2 to Agreement with the City of Chula Vista in the not -to -exceed amount of $30,240 to provide inspection services for the Bay Marina Drive Widening Project, to bring the total amount for all work to $505,240. Said Amendment No. 2 to Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 3rd day of March, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney AMENDMENT NUMBER TWO TO "HIE AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN 'IIIE CITY OF NATIONAL ('ITY ANI) CITY OF C'HIJLA VISTA This Amendment Number Two to the Agreement for Professional Services Between the City of National City and City of Chula Vista ("Amendment") is entered into this 1 6th day of September 2008, by and between the City of National ('ity, a municipal corporation ("CITY"). and the City of Chula Vista (the "CONTRACTOR"). RECITALS A. The CITY and the CONTRACTOR entered into an agreement on June 3, 2008, entitled Agreement for Professional Services between the City of National City and ('ity of ('hula Vista ("Original Agreement'), wherein the CONTRACTOR agreed to provide construction engineering, nianauement, and inspection services for the ('I I Y'S major active projects. B. The Original Agreement provides that CITY may increase the Scope of Services to he performed by CONTRACTOR. C. The Agreement was amended on September 16, 2008 to extend the number of personnel hours. D. The CITY now seeks to increase the Scope of Services by increasing the number of staff'staff hours to provide inspection services for the Bay Marina Drive Widening Project, and CONTRACTOR seeks to perform this increased work. E. The CITY and CON'1"RAC'"TOR have negotiated and agreed upon the additional compensation associated with this increased work. AGR111:Iy11':N L NOW, THEREFORE, the parties hereto agree as follows: I. This Amendment specifies additional work to be performed by CONTRACTOR for CITY at specified hourly- rates, which is detailed in Exhibit "A", attached hereto and incorporated herein by reference. This Amendment authorizes the payment of an amount not to exceed $30,240 for this additional work, increasing the not to exceed amount in Section 6 of the Original Agreement from TWO -HUNDRED TIIOUSANL) DOLLARS (S200,000) to FIVE HUNDRED FIVE THOUSAND TWO - HUNDRED FORTY DOLLARS (5505,240) for all services, including the additional services that are the subject of this Amendment. 3. The parties agree that with the foregoing exception, each and every tent and provision of the Original Agreement shall remain in lull force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date and year First above written. CITY OF NATIONAL. ('CrY ('IIY OF C'IHI;I.A VISTA By: By: Ron Morrison, Mayor JS' Sandoval, City Manager APPROVED AS TO FORM: George 11. Eiser, III City Attorney By: R.A. H pkinv, City Engineer 2 Amendment No. "rwo to Agreement Between National City and (hula Vista CITY OF CHUTA VISTA DEPARTMENT OF ENGINEERING Mr. Din I)aneshfar City of National City 1243 National City Blvd. National City, CA 91950 EXHIBIT A January 29, 2009 File No. 08-01 PROPOSAL FOR NATIONAL CITY, BAY MARINA DRIVE WIDENING PROJECT SPECIFICATION NO. 08-12 Based on the scope of work description, per Work Request Forrn # BMD-1 dated January 19, 2009, our proposal is the following TASK TITLE " PERSONNEL. HOURS IIOIJRLY RATE I OT.AL COST Inspection Services Sr. Public Works Inspector Carlos Melendez 240 $ 126.00 $30,240.00 PROPOSAL TOTAL $30,240.00 The proposal breakdown shown above is based on the scope described in the attached Work Request Fonn from the City of National City (Request No. BMD-1). The estimate is based on inspection services required for construction duration of approximately 60 calendar days. The estimate was based on an assumption that the inspector will work 4-hour days, Monday through Friday. If the contractor works beyond the work hours assumed for this estimate or if inspection services are needed beyond the estimate shown above, staff costs will increase accordingly. Invoicing shall be based on 1.0 hour increments. Should the project require City of Chula Vista services beyond the scope outlined, we will proceed on an hourly basis based on our agreement with the City of National City and at the direction of the City of National City- City Engineer. Should you have any questions, please do not hesitate to contact me. It should be noted that our agreement with the City of National City authorizes an aggregate payment amount not to exceed $475,000.00 for engineering, construction management, and project management services. The proposed work for the Bay Marina Widening Project, $30,240.00 and the Multiple Facilities Project $6,304.00 combined will exceed the agreed agreement amount. R.A. HOPKINS DIRECTOR OF PUBLIC WORKS M:\General Scrvices'Destgn'National (.buy\Pioposalsailanna Ray Widening Proposal.DOC 276 FOURTH AVENUE / CHULA VISTA, CALIFORNIA 91910-263I / (619) 691-5021 omwr.er Re, yr led Pape. -el-eueru I: N-n luNHL tNta b17JJo'+J7 f IU=7b71J1f1 fl'1 C.A.LiFORwrio-N A N 1\ LiC1flr rNCOAAORATEt -J CITY OF NATIONAL CITY OFFICE OF THE CITY ENGINEER 1243 National City Blvd., National City, California 91950-4397 (619) 336-4380 WORK REQUEST FORM DATE: January 19, 2009 REQUEST NO. BMD-1 City of Chula Vista Attn: Rick Hopkins, Y.E. (City Engineer) 276 4`I Avenue Chula Vista, CA 91910 Phone No: (6191691-5021 Fax No:(619) 691-5171 PROJECT TITLE: Bay Marina Drive Widening Project SPECIFICATION NO./ PROJECT NO.: 08-12 General Scope of Work: City of Chula Vista personnel are authorized to begin work on the above referenced project. The project includes project inspection services of all work under the above -mentioned contract for conformance with Contract Specifications. However, the City of Chula Vista is required to submit a proposal (cost estimate, schedule, etc.) on or before Thursday, January 29, 2009 and prior to commencement of work. REQUESTED/RECOMMENDED FOR APPROVAL BY: Bar AP'RSVED 13Y: ✓I1 in -Da e. hfar, Pri; iI . Engin• Maryat/8abaki, F City / gineer CC: City of National City File Carlos Melendez, City of Chula Vista Date DATE: of 9 DATE: ‘(Zl( n1 Sent On: Project description: The Bay Marina Drive Widening Project (Specification NO 08-13) involves construction of improvements along Bay Marina Drive (West 24th Street) from Cleveland Avenue to Marina Way (Harrison Street) within the Harbor District Specific Area Plan (HDSAP) and with the Commercial Tourist -Coastal Zone (CT -CZ). The improvements consists of widening the south side of Bay Marina Drive between Harrison Avenue/Marina Way and Cleveland Avenue; demolition of existing paving, berm, curb and gutter; removal of existing overhead utilities and power poles and under -grounding the utilities; removal of existing railroad tracks, under -drains and warning devices; removal of existing traffic signage and striping and replace with new; install new curb gutter sidewalk, dike and pedestrian ramps; new landscaping and irrigation; decorative street lighting and tree up - lighting; Lithocrete concrete paving, traffic signal modification at Bay Marina Drive and Harrison Avenue, new sewer manhole and lateral, traffic signal conduit and pull boxes for future signal; and the closing of Harrison Avenue to through traffic. City of National City, California COUNCIL AGENDA STATEMENT 1EETING DATE March 3, 2009 AGENDA ITEM NO. 10 ITEM TITLE Resolution scheduling a Public Hearing date on March 17, 2009, to determine Underground Utility District No. 16A for the purpose of converting the overhead facility along Plaza Boulevard from Interstate 805 to the west of Palm Avenue. (Funds are available through San Diego Gas & Electric Company, allocated funds for undergrounding) PREPARED BY Yolando Vitug DEPARTMENT Engineering EXT. 4314 EXPLANATION See attached Explanation. Environmental Review X N/A MIS Approval Financial Statement Approved By: Finan e Director Funds are available from San Diego Gas & Electric Company, allocated fun s for undergrounding Account No STAFF RECOMM DATION Schedule to hold he blearing Hearing Notices BOARD / COMMI ION RECO ' ME ' D O N/A an irect the City Clerk's office to send the Public IATTACHMENTS (Listed Below) Resolution No. 1. Exhibit "A" Map of District No. 16A 2. Exhibit "B" List of Names and addresses of the property owners within District No. 16A 3. Resolution ySDG&E A-200 (Rev. 7/03) `.•explanation: On December 10, 1991, the Underground District No. 16 was established by Resolution No. 91-221 for undergrounding of utilities on Plaza Boulevard from 1-805 to the West of Palm Avenue however, due to reprioritization of the projects, this undergrounding work was postponed. In order to reactivate the Project and do the undergrounding work prior or concurrently to the Plaza Boulevard Widening Improvements, the City will need to re- establish the district. On January 26, 2009, the representatives of the City and utility companies held a field meeting again and re-established the underground boundaries for the updated District No. 16A (Plaza Boulevard from 1-805 to the west of Palm Avenue). The map (Exhibit "A") and impacted properties address list (Exhibit "B") are attached. In compliance with Ordinance No. 1414 of the City of National City, Staff is requesting a date (March 17, 2009) to hold a public hearing for public comments on whether the public health, safety, welfare require the removal of the poles, and overhead wires and the underground installation of wires and facilities for supplying electrical and communications services within the new District No. 16A along Plaza Boulevard from Interstate 805 to the west of Palm Avenue as shown on the map. Therefore, it is recommended that the public hearing be held on March 17, 2009. The Notice Public Hearing will be sent to all of the affected property owners within the district boundaries. Following the public hearing a resolution will be scheduled to formally establish the district for undergrounding. RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY SCHEDULING A PUBLIC HEARING FOR MARCH 17, 2009, TO DETERMINE IF UNDERGROUND UTILITY DISTRICT NO. 16A IS REQUIRED FOR THE PURPOSE OF CONVERTING THE OVERHEAD FACILITY ALONG PLAZA BOULEVARD FROM INTERSTATE 805 TO THE WEST OF PALM AVENUE WHEREAS, on December 10, 1991, Underground Utility District No. 16 was established by Resolution No. 91-221, for undergrounding the utilities on Plaza Boulevard from Interstate 805 to the west of Palm Avenue; and WHEREAS, due to reprioritization of projects, the undergrounding work was postponed, but now needs to be re-established as Utility District16A to do the undergrounding work prior to or concurrently with the Plaza Boulevard Widening Improvements Project; and WHEREAS, in accordance with National City Ordinance No. 1414, staff requests a public hearing to ascertain whether the public health, safety, and welfare require the removal of the poles and overheard wires, and the underground installation of wires and facilities for supplying electrical and communication services within the proposed boundaries of Phase IV of Utility District No. 16A. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the time for hearing any and all persons interested in the proposed fee adjustments is hereby set for 6:00 p.m. on March 17, 2009, in the City Council Chambers in the Civic Center, 1243 National City Boulevard, National City, California. BE IT FURTHER RESOLVED that the City Clerk of the City of National City, California, is hereby directed to provide notice of the time and place of said hearing in accordance with the law. PASSED and ADOPTED this 3rd day of March, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney EXHIBIT 'A' )ERGHROUND UTILITY DISTRICT NO. 16A • '141/tAZA BOULEVARD FROM INTERSTATE 805 TO JUST WESTERLY OF PALM AVENUE Boundary Underground Utility District No.16A !on • 1481 1486 1487 14613 ION // 1 1,11 1 • - - ,S/5 I0-0 1.5.4 1.311 ,„. I.334 1.4 1 lth STREET ,/ 3 ; //,11./ / 3 1 I r STREET • / 14TH STREET ;7 ;NIP! . ' - • f • .• • • ••, i • Z . i • •, • 1- 7- • •. 1 3 ' 1 tu z'01?1-1?irl - 15TH STREET 11 i H rit I _ , STREET 16th 1 ! • 1 1;1 11;0iFls.t.1 • I 140 ItALL504.18/18 caco KALLTI. 40 C000 BOULEVARD -1 440 1448 .502 4 150•4 1501 151., 1617 cc uJ 3 2 1 11 I; II., 11 ., ,,J. I 1 , - -,-0-,- > (1 -' 0 -- - - :, • I w • I CC I )— I Cr) I ill •' > , ' 0 • I tC, • STREET PROPOSED UNDERGROUND UTILITY DISTRICT NO. 16A SCALE: NONE " • , F:XItI1311' "II" Addresses of the impacted properties AI'N OWNER'S N.-Ai\I1': SI"I'1 ADDRESS BUSINESS AND ADDRESS I1OI\1E/(YTIIl R 1. 557-270-20-00 I lutchinson Family Trust 10-13-05 1627 E. 12' Street, National City Residential P.O. 13ox 2007 Rancho Sta. Fe, CA 92067 2. 557- 3 30-09-00 B.P. West Coast Products 1.1.(' 1540 E. Plaza Blvd. National City Commercial P.O. Box 5015 Buena Park, CA 90622 3. 557-410-15-00 Orkin, Incorporated 1606 E. Plaza I3Iyd., National City Commercial 1 31 1 16 Imperial 11'‘y, Sta. Fe Springs CA 90670 4. 557-410-05-00 Pucdan Fancily Trust 09-05-03 1736 E. Plaza Blvd., National City Commercial 212-1 Alexander 1)r.. Escondido, CA 92025 5. 557-270-02-00 Santaniaria Francisco P Living Trust 1 1 13 Palm Avenue, National (pity Residential 1 1 13 Palm Avenue, National Cite, CA 91950 6. 557-2 70-03-00 Peer James R. & Juanita 1 1 17 Palm Avenue. National City Residential P.O. Rox 1 197 National City, ('A 91951 7. 557-270-0.1-00 Miranda Irma l.. 1 121 Palm Avenue. National Cite Residential 1 121 Palen Avenue, National City, CA 91950 City of National City, California COUNCIL AGENDA STATEMENT 'MEETING DATE March 3. 2009 AGENDA ITEM NO. 11 ITEM TITLE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZIN\ THE MAYOR TO SIGN AN AMENDMENT TO THE HEARTLAND COMMUNICATIONS FACILITY AUTHORITY JOINT POWERS AGREEMENT DELETING THE EAST COUNTY FIRE PROTECTION DISTRICT AS A MEMBER AGENCY AND REVISING THE FORMULA FOR ALLOCATION OF EXPENSES PREPARED BY Walter Amedee 'IJIQ/� DEPARTMENT (Ext. 4556) EXPLANATION The Heartland Communications Facility Authority Joint Powers Agreement (JPA) was created on June 25, 1986. The National City Fire Department is a current member of the JPA. The JPA members are being asked to amend the Agreement by deleting the East County Fire Protection District as a member agency. The East County Fire Protection District merged with the San Miguel Fire Protection District. In addition, a revision is proposed to the JPA member assessment formula to 25% weight for the number of personnel plus 75% weight for the number of incidents. This Amendment will take effect on July 1, 2009. Environmental Review NI N/A Financial Statement Approved By: Finance Director Minor Impact; costs will be shared among existing JPA members. Account No. STAFF RECOMMENDATION Authorize the Mayor to sign an Amendment to the Heartland Communications Facility Authority Joint Powers Authority deleting the East County Fire Protection District as a member agency and revising the formula for allocation of expenses. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. 1. Amendment to the Heartland Communications Facility Authority Joint Powers Authority deleting the East County Fire Protection District as a member agency and revising the formula for allocation of expenses. 2. Resolution A-200 (9/99) RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE HEARTLAND COMMUNICATIONS FACILITY AUTHORITY JOINT POWERS AGREEMENT DELETING THE EAST COUNTY FIRE PROTECTION DISTRICT AS A MEMBER AGENCY, AND REVISING THE FORMULA FOR ALLOCATION OF EXPENSES WHEREAS, the Heartland Communications Facility Authority Joint Powers Agreement (JPA) was created on June 25, 1986; and WHEREAS, the National City Fire Department is a current member of the JPA; and WHEREAS, because the East County Fire Protection District has been merged with the San Miguel Fire Protection District current members of the JPA are being asked to amend the Agreement to delete the East County Fire Protection District as a member agency; and WHEREAS, it is also being proposed that the JPA member formula for allocation of expenses be revised to 25% weight for the number of personnel, plus 75% weight for the number of incidents, to be affective as of July 1, 2009. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the Mayor to execute an Amendment to the Heartland Communications Facility Authority Joint Powers Agreement to delete the East County Fire Protections District as a member agency. BE IT ALSO RESOLVED that the City Council hereby approves the revision of the JPA member formula for allocation of expenses to 25% weight for the number of personnel, plus 75% weight for the number of incidents, to be affective as of July 1, 2009. Said Amendment to Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 3rd day of March, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney AMENDMENT TO THE HEARTLAND COMMUNICATIONS FACILITY AUTHORITY JOINT POWERS AGREEMENT DELETING THE EAST COUNTY FIRE PROTECTION DISTRICT AS A MEMBER AGENCY AND REVISING THE FORMULA FOR ALLOCATION OF EXPENSES THIS AMENDMENT to the Amended Joint Powers Agreement Creating An Agency to be Known As the Heartland Communications Facility Authority dated June 25, 1986 (herein referred to as "the Agreement") is made, effective July 1, 2009, by and between member agencies City of El Cajon; City of Lemon Grove; City of Santee; City of La Mesa; City of Coronado: City of Imperial Beach; City of National City; Alpine Fire Protection District; Bonita- Sunnyside Fire Protection District; Lakeside Fire Protection District; and San Miguel Fire Protection District. I . Amendment to Delete Member. The preamble to the Agreement is amended to delete the East County Fire Protection District as a Public Agency member of the Heartland Communications Facility Authority. 2. Revision of Assessments Revision. The second paragraph of Section 5(c)(1) of the Agreement is amended to read as follows: 'Mese expenses shall be shared among the Member Agencies in accordance with the formula of a 25% weight for the number of personnel plus 75% weight for the number of incidents. Each Member Agency's share shall equate to its aggregate percentage as calculated by this paragraph 5(c)(1). 3. Effective Date. This Amendment shall take effect for all purposes on July 1, 2009. IN WITNESS WHEREOF, the parties have caused this Amendment to he executed by their proper officers thereunto duly authorized as of March 3, 2009. CITY OF EL CAJON Attest: By: Its: City Clerk CITY OF' LEMON GROVE Attest: By: Its: City Clerk AMENDMENT' TO HEARTLAND COMMUNICATIONS FACILITY AUTHORITY JOINT POWERS AGREEMENT Page 1 of 3 *4... CITY OF SANTEE Attest: By: Its: City Clerk CITY OF LA MESA Attest: By: Its: City Clerk CITY OF CORONADO Attest: By: Its: City Clerk CITY OF IMPERIAL BEACH Attest: By: Its: City Clerk CITY OF NATIONAL CITY Attest: By: Its: City Clerk AMENDMENT TO HEARTLAND COMMUNICATIONS FACILITY AUTHORITY JOINT POWERS AGREEMENT Page 2 of 3 ALPINE FIRE PROTECTION DISTRICT Attest: By: Its: Secretary BONITA-SUNNYSIDE FIRE PROTECTION DISTRICT Attest: By: Its: Secretary LAKESIDE FIRE PROTECTION DISTRICT Attest: By: Its: Secretary SAN MIGUEL FIRE PROTECTION DISTRICT Attest: By: Its: Secretary AMENDMENT TO HEARTLAND COMMUNICATIONS FACILITY AUTHORITY JOINT POWERS AGREEMENT Page 3 of 3 City of National City, California CITY COUNCIL AGENDA STATEMENT `,.MEETING DATE March 3, 2009 AGENDA ITEM NO. 12 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO EXECUTE A TOLLING AGREEMENT WITH THE COUNTY OF SAN DIEGO PERTAINING TO POTENTIAL LEGAL ACTION TO DETERMINE THE VALIDITY OF THE COUNTY'S PROPERTY TAX ADMINISTRATION FEE PREPARED BY EXPLANATION George H. Eiser, III 1' DEPARTMENT City Attorney (Ext. 4221) Please see attached memorandum. Environmental Review I 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. Memorandum Resolution Tolling Agreement A-200 (9/99) RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO EXECUTE A TOLLING AGREEMENT WITH THE COUNTY OF SAN DIEGO PERTAINING TO POTENTIAL LEGAL ACTION TO DETERMINE THE VALIDITY OF THE COUNTY'S PROPERTY TAX ADMINISTRATION FEE WHEREAS, effective July 1, 2004, Revenue and Taxation Code Section 97.68 reduced the Bradley -Burns Sales and Use Tax rate paid to cities and counties by'/ -cent, and the 1/4-cent is retained by the State of California to repay State -issued economic recovery bonds. Section 97.68 provides that, in lieu of the'/4-cent sales tax, cities and counties receive property taxes that otherwise would have been allocated to the county's Education Revenue Augmentation Fund (ERAF) for the benefit of schools and, ultimately, the State which bears institutional responsibility to fund public education. This revenue swap, known commonly as the "Triple Flip", was adopted as a temporary measure to fund repayment of the economic recovery bonds; and WHEREAS, effective July 1, 2004, Revenue and Taxation Code Section 97.70 reduced the amount of vehicle license fees (VLF) paid to cities and counties from 2% to .065% of a vehicle's assessed value. Section 97.70 provides that each city and county shall receive in - lieu payments of property taxes equal to the lost VLF. This substitution is commonly known as "the VLF Swap". The VLF Swap is a permanent feature of the state -local finance relationship, in that it has no legislatively provided sunset date; and WHEREAS, pursuant to Section 97.68 and 97.70, the County of San Diego has a duty to annually allocate and distribute to cities within San Diego County the appropriate in -lieu payments from property tax revenues to equal the revenue each city loses as a result of the Triple Flip and the VLF Swap; and WHEREAS, Revenue and Taxation Code Section 97.75 mandates that counties may not charge for such services for the 2004/2005 and 2005/2006 fiscal years. Section 97.75 further mandates that although counties may charge a Property Tax Administration Fee ("PTAF") for such services beginning in the 2006/2007 fiscal year, "the fee, charge, or other levy shall not exceed the actual cost of providing these services."; and WHEREAS, a dispute has arisen between the County of San Diego and the cities within San Diego County regarding the amount to be charged to the cities by the County for the PTAF; and WHEREAS, a lawsuit is pending over a similar issue between the County of Los Angeles and various cities within Los Angeles County regarding the same subject matter. The cities within San Diego County and the County of San Diego agree that the legal issues to be determined in the Los Angeles County case could assist in resolving the dispute between the County of San Diego and the cities of San Diego County; and WHEREAS, legal counsel for the cities within San Diego County and the County of San Diego believe it will be mutually beneficial to suspend the prosecution of a potential legal action ("Legal Action") by the cities against the County in its entirety until there is a final determination on the merits in the Los Angeles County case. A Tolling Agreement has been proposed that would allow the parties to continue to discuss the dispute described above and Resolution No. 2009 - March 3, 2009 Page 2 independently determine whether the ultimate outcome of the Los Angeles County case could lead to a resolution of the issues currently before the cities and the County of San Diego. The effect of the Tolling Agreement would preclude the expiration of any applicable statutes of limitation, and suspend the requirements for the filing of claims, while the cities and the County continue to discuss this matter. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Manager to execute a Tolling Agreement with the County of San Diego pertaining to potential legal action to determine the validity of the County's Property Tax Administration Fee. PASSED and ADOPTED this 3rd day of March, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney CALIFORNIA --‹* Mayor Ron Morrison Council Members Frank Parra Alejandra Sotelo-Solis Jess Van Deventer Rosalie Zarate TO: FROM: SUBJECT: NATIONAL Ciry - INCORPORATED � Office of the City Attorney Mayor and City Council City Attorney Tolling Agreement with County; Property Tax Administration Fee City Attorney George H. Eiser. III Senior Assistant City Attorney Claudia Gacitua Silva Senior Assistant City Attorney Jodi L. Doucette Risk Manager Ashley K. Fenton DATE: February 25, 2009 Effective July 1, 2004, Revenue and Taxation Code Section 97.68 reduced the Bradley -Burns Sales and Use Tax rate paid to cities and counties by 1/4-cent, and the 1-cent is retained by the State of California to repay State -issued economic recovery bonds. Section 97.68 provides that, in lieu of the '/4-cent sales tax, cities and counties receive property taxes that otherwise would have been allocated to the county's Education Revenue Augmentation Fund (FRAF) for the benefit of schools and, ultimately, the State which bears institutional responsibility to fund public education. This revenue swap, known commonly as the "Triple Flip", was adopted as a temporary measure to fund repayment of the economic recovery bonds. Effective July 1, 2004, Revenue and Taxation Code Section 97.70 reduced the amount of vehicle license fees (VLF) paid to cities and counties from 2% to .065% of a vehicle's assessed value. Section 97.70 provides that each city and county shall receive in -lieu payments of property taxes equal to the lost VLF. This substitution is commonly known as "the VLF Swap". The VLF Swap is a permanent feature of the state -local finance relationship, in that it has no legislatively provided sunset date. Pursuant to Section 97.68 and 97.70, the County of San Diego has a duty (as do other counties throughout the State) to annually allocate and distribute to cities within San Diego County the appropriate in -lieu payments from property tax revenues to equal the revenue each city loses as a result of the Triple Flip and the VLF Swap. Revenue and Taxation Code Section 97.75 mandates that counties may not charge for such services for the 2004/2005 and 2005/2006 fiscal years. Section 97.75 further mandates that although counties may charge a Property Tax Administration Fee ("PTAF") for such services beginning in the 2006/2007 fiscal year, "the fee, charge, or other levy shall not exceed the actual cost of providing these services." The common belief of city officials throughout San Diego County is that beginning on or about fiscal year 2008/2009 and continuing in subsequent fiscal years, the County will charge the cities fees in excess of those permitted by Revenue and Taxation Code Section 97.75. In particular, it is believed that the County will charge cities more than the actual, incremental costs associated with the County's administration of the in -lieu payments for the VLF Swap and Triple Flip. 1243 National City Boulevard; National City, California 91950-4301 Tel.: (619) 336.4220 Fax: (619) 336.4327 Tolling Agreement with County February 25, 2009 Instead, the cities believe the County will charge each city a share of PTAF based on the increased distribution of property tax proceeds due to the Triple Flip and the VLF Swap rather than each city's proportionate share of the actual, incremental cost to administer the Triple Flip and the VLF Swap. Further, it is believed the PTAF that the County intends to charge to each city and to he retained by the County is far in excess of that permitted by Revenue & Taxation Code Section 97.75. Currently, a legal action is pending over a similar issue between various cities and the County of Los Angeles regarding the same subject matter. City of Alhambra, et. al v. County of Los Angeles, et. al, Los Angeles Superior Court No. BS 116375; referred to herein as "Los Angeles County case"). The cities within San Diego County and the County of San Diego agree that the legal issues that are to be determined in the Los Angeles Case could assist in fully and finally settling the current dispute between the parties in San Diego County. Legal counsel for the cities within San Diego County and the County of San Diego believe it will be mutually beneficial to suspend the prosecution of a potential legal action ("Legal Action") by the cities against the County in its entirety until there is a final determination on the merits in the Los Angeles County case. The proposed Tolling Agreement would allow the parties to continue to discuss the dispute described above and independently determine whether the ultimate outcome of the Los Angeles County case could lead to a resolution of the issues currently before the cities and the County of San Diego. The effect of the Tolling Agreement would preclude the expiration of any applicable statutes of limitation, and suspend the requirements for the filing of claims, while the cities and the County continue to discuss this matter. The proposed resolution would authorize the City Manager to execute the Tolling Agreement. GEORG EISER.III City Attorney TOLLING AGREEMENT This TOLLING AGREEMENT (the Agreement) is made and entered into by and among the Cities of Carlsbad, Chula Vista, Coronado, Del Mar, El Cajon, Encinitas, Escondido, Imperial Beach, La Mesa, Lemon Grove, National City, Oceanside, Poway, San Diego, San Marcos, Santee, Solana Beach and Vista (Cities), and County of San Diego (County), to be effective as of February 15, 2009 (the Effective Date). RECITALS Effective July 1, 2004, Revenue & Taxation Code ("R & "1T-') section 97.68 reduced the Bradley -Burns Sales and Use Tax rate paid to cities and counties by 1/4-cent, and the 'A -cent is retained by the State of California to repay State -issued recovery bonds. Section 97.68 provides that, in lieu of the'/ -cent sales tax, cities and counties receive property taxes that otherwise would have been allocated to the county's Education Revenue Augmentation Fund (ERAF) for the benefit of schools and, ultimately, the State which bears constitutional responsibility to fund public education. This revenue swap, known commonly as the "Triple Flip," was adopted as a temporary measure to fund repayment of the economic recovery bonds. Effective July 1, 2004, Revenue & Taxation Code section 97.70 reduced the amount of vehicle license fees (VLF) paid to cities and counties from 2% to 0.65% of a vehicle's assessed value. Section 97.70 provides that each city and county shall receive in -lieu payments of property taxes equal to the lost VLF. This substitution is commonly known as "the VLF Swap." The VLF Swap is a permanent feature of state -local finance relationship in that it has no legislatively provided sunset date. Pursuant to Sections 97.68 and 97.70, County has a duty to annually allocate and distribute to cities within San Diego County the appropriate in -lieu payments from property tax revenues to equal the revenue each city loses as a result of the Triple Flip and the VLF Swap. Revenue & Taxation Code section 97.75 mandates that counties may not charge for such services for the 2004/2005 and 2005/2006 fiscal years. Section 97.75 further mandates that although counties may charge a Property Tax Administration Fee ("PTAF") for such services beginning in the 2006/2007 fiscal year, "the fee, charge, or other levy shall not exceed the actual cost of providing these services." Cities believe that beginning in or about fiscal year 2008/2009 and continuing into subsequent fiscal years, County will charge Cities fees in excess of those permitted by Revenue & Taxation Code section 97.75. In particular, Cities believe that County will charge Cities more than the actual, incremental costs associated with County's administration of the in -lieu payments for the VLF Swap and Triple Flip. Instead, Cities believe County will charge each City a share of PTAF based on the increased distribution of property tax proceeds due to the Triple Flip and the VLF Swap rather than cacti City's proportionate share of the actual, incremental cost to administer the Triple Flip and VLF Swap. Cities believe the PTAF that the County intends to charge to each City and to he retained by the County is far in excess of that permitted by Revenue & Taxation Code section 97.75. The Cities and County are aware of a legal action over a similar issue between various cities and the County of Los Angeles regarding the same subject matter. (City of Alhambra, et. al v. County of Los Angeles, et. al, Los Angeles Superior Court No. BS 116375). A copy of the "First Amended Petition for Writ of Mandate and Related Relief' is attached to this Tolling Agreement as Attachment "1" (referred to herein as "Los Angeles County case"). The Cities and County agree that the legal issues that are to be determined in the Los Angeles Case could assist the parties to this agreement in fully and finally settling the current dispute between the parties in San Diego County. The Cities and County believe it will be mutually beneficial to stay the prosecution of a potential legal action ("Legal Action") by the Cities against the County in its entirety until there is a final determination on the merits in the Los Angeles Case. Therefore, a Tolling Agreement would allow the parties to continue to discuss the dispute described above and independently determine whether the ultimate outcome of the Los Angeles Case could lead to a resolution of the issues currently before the Cities and County. Therefore, Cities and County, for and in consideration of the promises, covenants, and considerations herein expressed and based upon the Recitals herein, agree as follows: 1. The parties agree that the running of any statute of limitations, or other limitations period with respect to the Legal Action shall be tolled and suspended from the Effective Date of this Agreement through and including the expiration date (as defined in Paragraph 3 below) (hereinafter the "Tolling Period"). The parties further agree that any applicable time period set forth in any state or local statute for the Cities to file a claim or pursue any other administrative remedy prior to filing the Legal Action shall be tolled during the Tolling Period. 2. County agrees that, during the Tolling Period, Cities need not file any claim or administrative or judicial action to challenge the fees or charges referenced in the Recitals above. The parties agree that this Agreement shall not in any manner prevent, or impede, or be construed as preventing or impeding, City or County from conducting other and further investigation of any claims during the Tolling Period. 3. Unless extended by mutual written agreement by the parties, this Agreement shall expire at close of business sixty (60) days following the date either party gives notice of termination of this Tolling Agreement in writing, or by forty (40) days following the notice of ruling at the trial court level in the Los Angeles Case received in writing by the parties, whichever shall first occur, or by such earlier date as the parties may mutually agree to in writing. (the "Expiration Date). The parties agree that any notice of ruling at the trial court level in the Los Angeles Case received by the County shall be immediately forwarded to a City designated by the other Cities to receive service. The designated City shall immediately forward to the County the notice of ruling at the trial court level it receives from the Los Angeles Case. Service on any City designated to receive service on behalf of all Cities shall be considered appropriate notice for the purposes of this paragraph. if the Expiration Date falls on a date when the party receiving notice is not open for business, the Expiration Date shall be the next day the party receiving the notice is open for business. 4. The parties agree that this Agreement shall not in any manner revive any claims or causes of action that were barred prior to the effective date of this Agreement by any statute of limitations or other limitations period. The parties agree further that the applicable statutes of limitations and other limitations periods tolled and suspended by this Agreement shall resume running again on the Expiration Date. 5. This Agreement is not intended, and shall not be construed, as an admission by either party that the other party has valid claims or defenses. 6. This Agreement shall be interpreted, construed, and enforced in accordance with the laws of the State of California. 7. The parties agree to preserve all documents, records, and other evidence or potential evidence within their care, custody, possession or control, that relate in any way to any claims. 8. Each party warrants that it has carefully reviewed, and understands, every part of this Agreement, that such party has entered into this Agreement voluntarily, and that such party has not made any promises, representations, or inducements other than those contained herein. 9. Each party signing this Agreement represents and warrants that it has the authority to do so and that the signature which appears below binds such party, and its respective officers, agents, and attorneys to the terms of this Agreement. 10. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof, and any prior oral or written statements concerning this subject are merged herein for all purposes and have no further force or effect. 11. This Agreement may be amended only by written agreement of the parties. 12. All notices, requests, demands, and other communications required or permitted under this Agreement shall be in writing (including telex, telecopy and telegraphic communications) and shall be (as elected by the person giving such notice) hand delivered by messenger or courier service, telecommunicated with electronic confirmation or mailed by United States mail (postage prepaid), registered or certified, return receipt requested, addressed as follows: CITIES: COUNTY: (See Attachment "2")' John Sansone, County Counsel 1600 Pacific Highway, Rm. 355 San Diego, CA 92101 3 13. This Agreement may be executed in one or more counterparts, and each such counterpart upon execution and delivery shall he deemed a complete original. CITY OF CARLSBAD DATED: By: City Manager DATED: By: City Clerk DATED: By: Ronald Ball City Attorney CITY OF CHULA VISTA DATED: By: City Manager DATED: By: Donna Norris City Clerk DATED: By: Bart Miesfeld City Attorney CITY OF CORONADO DATED: By: Mark Ochenduszko City Manager DATED: By: Linda Hascup, City Clerk DATED: By: Morgan L. Foley City Attorney 4 CITY OF DEL MAR DATED: By: Karen Brust City Manager DATED: By: Mercedes Martin City Clerk DATED: By: Kimberly Johnson City Attorney CITY OF EL CAJON DATED: By: Kathi Henry City Manager DATED: By: Kathie Rutledge City Clerk DATED: By: Morgan L. Foley City Attorney CITY OF ENCINITAS DATED: By: City Manager DATED: By: City Clerk DATED: By: Glenn Sabine City Attorney 5 CITY OF ESCONDIDO DATED: By: City Manager DATED: By: City Clerk DATED: By: Jeffrey R. Epp City Attorney CITY OF IMPERIAL BEACH DATED: By; Gary Brown City Manager DATED: By: Jacqueline Hald City Clerk DATED: By: James P. Lough City Attorney CITY OF LA MESA DATED: By: City Manager DATED: By: City Clerk DATED: By: Glenn Sabine City Attorney 6 CITY OF LEMON GROVE DATED: By: Graham Mitchell City Manager DATED: By: Susan Garcia City Clerk DATED: By: James P. Lough City Attorney CITY OF NATIONAL CITY DATED: March 3, 2009 By: Chris Zapata City Manager DATED: By: Michael R. Dalla City Clerk DATED: By: George Eiser III City Attorney CITY OF OCEANSIDE DATED: By: Peter Weiss City Manager DATED: By: Barbara Riegel Wayne City Clerk DATED: By: John P. Mullen City Attorney 7 CITY OF POWAY DATED: By: Rod Gould City Manager DATED: By: Linda Troyan City Clerk DATED: By: Lisa A. Foster City Attorney CITY OF SAN DIEGO DATED: By: Jerry Sanders Mayor DATED: By: Elizabeth Maland City Clerk DATED: By: Jan Goldsmith City Attorney CITY OF SAN MARCOS DATED: By: City Manager DATED: By: City Clerk DATED: By: Helen Holmes Peak City Attorney 8 CITY OF SANTEE DATED: By: City Manager DATED: By: City Clerk DATED: By: Shawn Hagerty City Attorney CITY OF SOLANA BEACH DATED: By: David Ott City Manager DATED: By: Angela Ivey City Clerk DATED: By: Johanna Canlas City Attorney CITY OF VISTA DATED: By: Rita Geldert City Manager DATED: By: Marci Kilian City Clerk DATED: By: Darold Pieper City Attorney 9 DATED: COUNTY OF SAN DIEGO By: `. John Sansone County Counsel G:\Word Documents\AGRELIENTS\Tolling Agreement -SD COUNTY 2-1 1-09 w Sansone changes.doc 10 CITY OF LEMON GROVE James Lough, City Attorney 3232 Main Street Lemon Grove, CA 91945-1705 CITY OF NATIONAL CITY George Eiser III, City Attorney 1243 National City Boulevard National City, CA 91950-4301 CITY OF OCEANSIDE John P. Mullen, City Attorney 300 North Coast Highway Oceanside, CA 92054-2824 CITY OF POWAY Lisa Foster, City Attorney 13325 Civic Center Drive Poway, CA 92064-5755 CITY OF SAN DIEGO Jan Goldsmith, City Attorney 1200 3`d Avenue, Suite 1620 San Diego, CA 92101-4178 CITY OF SAN MARCOS Helen Holmes Peak, City Attorney 1 Civic Center Drive San Marcos, CA 92069-2918 CITY OF SANTEE Shawn Hagerty, City Attorney 10601 Magnolia Avenue Santee, CA 92071-1222 CITY OF SOLANA BEACH Johanna Canlas, City Attorney 635 South Highway 101 Solana Beach, CA 92075-2215 CITY OF VISTA Darold Pieper, City Attorney 600 Eucalyptus Avenue Vista, CA 92084-6240 G:\Word Documents\AGREEMENTS\Tolling Agreement -SD COUNTY2-9-09 -Attach A.doc 2 ATTACHMENT' "2" CITY OF CARLSBAD Ronald Ball, City Attorney 1200 Carlsbad Village Drive Carlsbad, CA 92008-1949 CITY OF CHULA VISTA Bart Miesfeld, Interim City Attorney 276 Fourth Avenue Chula Vista, CA 91910-2631 CITY OF CORONADO Morgan Foley, City Attorney 1825 Strand Way Coronado, CA 92118-3005 CITY OF DEL MAR Kimberly Johnson, City Attorney 1050 Camino del Mar Del Mar, CA 92014-2604 CITY OF EL CAJON Morgan Foley, City Attorney 200 East Main Street El Cajon, CA 92020-3912 CITY OF ENCINITAS Glenn Sabine, City Attorney 505 South Vulcan Avenue Encinitas, CA 92024-3633 CITY OF ESCONDIDO Jeffrey R. Epp, City Attorney 201 North Broadway Escondido, CA 92025-2709 CITY OF IMPERIAL BEACH James Lough, City Attorney 825 Imperial Beach Boulevard Imperial Beach, CA 91932-2702 CITY OF LA MESA Glenn Sabine, City Attorney 8130 Allison Avenue La Mesa, CA 91941-5002 City of National City, California COUNCIL AGENDA STATEMENT '`'`'MEETING DATE March 3, 2009 AGENDA ITEM NO. 13 ITEM TITLE Tr arran ' egis er or e peno• o Amount of $1,396,034.48 PREPARED BY D. Gallegos -Finance EXPLANATION. roug DEPARTMENT Finance Jeanette Ladr 619-336-4331 Per Government Section Code 37208, attached are the warrants issued for the period of 01/28/09 through 02/03/09. in e The Finance Department has implemented a policy to provide explanation of all warrants Above $50,000.00 Vendor Check# Amount Explanation City of National City 225038 742,217.00 Pass -Through Payments-AB1389 LDV, Inc. 225043 311,879.50 Command Vehicle PD-Dept Environmental Review Financial Statement Not applicable. N/A Account No. STAFF RECOMMENDATION Ratification of warrants in the amount of $1,396,034.48 BOARJ] COMMISSION RECOMMENDATION 1. Warrant Register#32 ATTACHMENTS (Listed Below) Resolution No. A-200 (Rev. 9/80) 1 of 7 I�COR,pO�iATEt?� WARRANT REGISTER # 32 2/3/2009 Payee Description chk no chk date Amount CITY OF NATIONAL CITY PASS-TI/ROUGH PAYMTS-AB 1389 225038 1/29/09 742,217.00 FINANCIAL INDEMNITY COMPANY INIJRANCE - COMMUNITY DEV 225039 1/29/09 370.40 LOWER SWEETWATER FIRE PASS-IIIROUGH PAYMTS-AB1389 225040 1/29/09 1,665.00 METROPOLITAN WATER DISTRICT PASS -THROUGH PAYMTS-A131389 225041 1/29/09 47,820.00 SD COUNTY WATER AUTHORITY PASS-THROUGII PAYMTS-AB1389 225042 1/29/09 14,690.00 LDV, INC. COMMAND VEHICLE MCC261503-07 225043 2/2/09 31 1,879.50 ACED() RETIREE HEALTH BENEFITS FEB'09 225044 2/3/09 160.00 ALL FRESH CONSUMABI,ES/FOOD 225045 2/3/09 693.96 ALL POINTS PUBLIC FUNDING, 1,LC NEW FIRE, TRUCK#2 LEASE PMT# I5 225046 2/3/09 19,613.22 ' LLEN RETIREE HEALTH BENEFITS FE13'09 225047 2/3/09 125.00 '110FSMERICAN ROTARY BROOM CO., INC SWEEPER REPAIRS FY 2009 225048 2/3/09 680.06 ASBURY ENVIRONMENTAL, SERVICES IJSEI) 011, AND GASOLINE FILTERS 225049 2/3/09 32.00 AT&T/MCI PHONE XXX-0986 01/07-02/06/09 225050 2/3/09 2,525.31 AT&T/MCI PIIONE XXX-6486 11/01-12/19/08 22505I 2/3/09 184.35 BANK OF AMERICA CREDIT CART) EXP 225052 2/3/09 75.60 BCM CUSTOMER SERVICE DATA CENTER IIVAC MAINTENANCE 225053 2/3/09 512.37 BEST BEST & KRIEGER LLP C1,AIM COST: BALLARD() 225054 2/3/09 7,507.05 BEST BEST & KRIEGER LLP PEERSONNEL ISSIJES 225055 2/3/09 64.50 BICKMORE RISK SERVICES EXPERT & CONSULTANT SERVICES 225056 2/3/09 1,900.00 BOOT WORLD MOT' #64096 SAFETY BOOTS (CHAVEZ) 225057 2/3/09 250.00 BOYD RETIREE HEALTH BENEFITS FEB'09 225058 2/3/09 145.00 C W REED JR RETIREMENT 2000964-S90 FEB'09 225059 2/3/09 1,087.23 CALIFORNIA BAKING CO. BAKING PRODUCTS 225060 2/3/09 72.00 CALIFORNIA SOCIETY OF' CSMFO MEMBERSHIP RENEWAL 225061 2/3/09 55.00 -IIAMPION RESCUE TOOLS MINERAI. OIL. 225062 2/3/09 85.25 1 Payee CHEMSF .ARCH WARRANT REGISTER # 32 2/3/2009 Description TOWER PRO SENIOR II (COND. METER) CHEVRON & TEXACO BUISINESS CARI) FUEL FOR CITY VEHICLES CINGULAR WIRELESS CITY OF CARLSBAD CITY OF CHULA VISTA CONDON CORPORATE EXPRESS COUNTY OF SAN DIEGO COX COMMUNICATIONS COX COMMUNICATIONS DAY WIRELESS SYSTEMS DEFRATIS DEPARTMENT OF JUSTICE DICE;RCHIO DIXIEI,INE LUMBER CO. DREDGE DSL EXTREME ENTERPRISE CAR SALES EWERT, PHILLIP FEI)EX KINKO'S FENTON FERGUSON ENTERPRISES. INC FLINT TRADING. INC. FLOIT PROPERTIES, INC. FON-JON KENNELS PI) WIRELESS SVC 12/06/08 - 01/05/09 TECHNICAL PERSONNEL CIIARGES DI..CEMBER 2008 SERVICES RETIREE HEALTH BENEFITS FEB'09 MOP 45704 OFFICE SUPPLIES - PLNG MAIL PROCESSING 11/16 - 12/15/08 COX INTERNET DATA SERVICE REF#08 7219997152 / 7220725194 TECHNICAL SERVICE RADIO REPAIR RETIREE HEALTH BENEFITS FEB'09 INVESTIGATIVE SERVICES RETIREE HEAI.TII BENEFITS FEB'09 MOP #45707 TOOLS. CONNECTORS RETIREE HEALTH BENEFITS FEB'09 INV 4819331& 4838325 DSL SVC 2008 PONTIAC G6, 4-DOOR SEDAN RETIREE I IALTH BENEFITS FEW09 8.5 X I I CARD STOCK SEMINAR TRAINING MOP445723 PIPES, COUPLINGS, WRENCH MARKINGS: KEEP, CLEAR. WHITE LINE DEPOSIT REFUND-# 1129 KENNEL FEES FOR POLICE K9'S 2 of' 7 chk no chk date Amount 225063 2/3/09 225064 2/3/09 225065 2/3/09 225066 2/3/09 225067 2/3/09 225068 2/3/09 225069 2/3/09 225070 2/3/09 225071 2/3/09 225072 2/3/09 225073 2/3/09 225074 2/3/09 225075 2/3/09 225076 2/3/09 225077 2/3/09 225078 2/3/09 225079 2/3/09 225080 2/3/09 225081 2/3/09 225082 2/3/09 225083 2/3/09 225084 2/3/09 225085 2/3/09 225086 2/3/09 225087 2/3/09 1,778.07 531.23 2,432.79 80.14 28,828.50 280.00 543.38 2,860.53 4,350.00 80.0C 592.50 120.00 657.00 70.00 241.76 250.00 165.49 13,159.98 160.00 341.08 121.61 747.75 1,270.04 10,000.00 425.00`INO Nit '\ MCORpORATED WARRANT REGISTER # 32 2/3/2009 3 of 7 Payee Description chk no chk date Amount GLADWELI. (i()VT SERVICES INC RECORDS RETENTION SCHEDULE 225088 2/3/09 1,480.00 GW SCHOOL. SUPPLY MISC TINY TOT SUPPLIES 225089 2/3/09 685.04 IIAMIL'FON MEATS & PROVISIONS MEAT PRODUCTS 225090 2/3/09 846.03 HAMILTON RETIREE IIEAL;TII BENEFITS FEI3'09 225091 2/3/09 100.00 HANSON, ERIC RETIREE HEALTH BENEFITS FEB'09 225092 2/3/09 135.00 HD SUPPLY PLUMI3ING MATERIAL. OVER COUNTER 225093 2/3/09 445.22 HOLLOWAY RETIREE 1IEAI.TI1 BENEFITS FEB'09 225094 2/3/09 150.00 HONEYWELL INC. REPAIRS 225095 2/3/09 227.04 HUNTER'S NURSERY INC. MOP #45719 POTTING MIX, PLANTS 225096 2/3/09 128.05 VDRO-SCAPE PRODUCTS INC. MOP #45720 ROTOR PC/F(' WITH SAM 225097 2/3/09 393.46 ' TEGRATED BIOMETRIC FINGERPRINT SUI3MISSIONS 225098 2/3/09 28.00 INTERNATIONAL. HISPANIC NETWORK IIIN METWORK MEMBERSHIP 225099 2/3/09 1,500.00 JAMES RETIREE HEALTH BENEFITS FEB'09 225100 2/3/09 140.00 KAMAN INDUSTRIAL, TECHNOLOGIES BALL BEARING FLANGE 225101 2/3/09 228.49 KIMI3LE RETIREE HEALTH BENEFITS FEB'09 225102 2/3/09 300.00 KOLANDA RETIREE HEALTH BENEFITS FEB'09 225103 2/3/09 135.00 LEWIS PARTNERS TUITION: RODRIGUEZ/DEESE 225104 2/3/09 648.00 LEXIS-NEXIS ONLINE CHARGES FOR DEC'08 225105 2/3/09 415.14 LEXIS-NEXIS CA DEER DESKTOP CODE SET 225106 2/3/09 270.58 LGI DELAWARE LL.0 REFUND OF CONSTRUCTION 225107 2/3/09 12,214.30 LIE:BERT CASSIDY WHITMORE LIEBERT CASSIDY TRAINING 225108 2/3/09 2,000.00 LINCOLN EQUIPMENT INC. REPLACEMENT PARTS/MATERIAJ.,S 225109 2/3/09 2,105.14 M-B COMPANIES. INC. FLANGE, PAINT TANK COVER 225110 2/3/09 447.57 MANPOWER OF SAN DIEGO WEEK ENDING 12/21/08 2251 1 1 2/3/09 2,995.20 'ATIENZO RETIREE IIEAI,TII BENEFITS FEI3'09 225112 2/3/09 100.00 3 4 of' 7 fry I11TC,ORPDX9TED WARRANT REGISTER # 32 2/3/2009 Payee Description chk no chk date Amount MCCAI3E RETIREE HEALTH BENEFITS FE13'09 225113 2/3/09 280.00 MCGt1IRE DISTRIBUTION MILK PRODUCTS 225114 2/3/09 207.10 METRO FIRE: & SAFETY ANNUAL FIRE EXTINGUISHER 2251 15 2/3/09 190.20 METROCAL,L. METROCALL SERVICE FOR PD PAGERS 225116 2/3/09 15.21 MISSION UNIFORM SERVICE LINEN SVC 225117 2/3/09 61.66 MORE DIRECT FATPIPE ROUTER UPGRADE 225118 2/3/09 4,086.83 MURRAY RETIREE HEALTH BENEFITS FEB'09 225119 2/3/09 150.00 MX LOGIC, INC EMAIL FILTERING/WEB SVC- JAN 09 225120 2/3/09 1,764.00 MYERS RETIREE HEALTH BENEFITS FEB'09 225121 2/3/09 140.00 NATIONAL, SCHOOL DISTRICT SAFETY EQUIPMENT 225122 2/3/09 3,378.39 NATIONAL SCHOOL DISTRICT SCHOOL BROCHURE 225123 2/3/09 174.65 NOSAL, WILLIAM A. RETIREMENT SETTLEMENT FEI3'09 225124 2/3/09 1,028.54 PACIFIC AUTO REPAIR LABOR, DIAGNOSTIC: TEST 225125 2/3/09 335.25 PADRE JANITORIAL SUPPLIES, INC JANITORIAL SUPPLIES 225126 2/3/09 824.18 PARTS PLUS AL TOSTORE 4711 MOP #64946 RADIATOR HOSE, V-BELTS 225127 2/3/09 85.89 PAUU RETIREE HEALTH BENEFITS FEB'09 225128 2/3/09 340.00 PERRY FORD MOP #45703 TRANSMISSION REPAIRS, UNIT 225129 2/3/09 400.46 PMW ASSOCIATES TUITION ROUNDS-ADV POLICE MGMNT 225130 2/3/09 374.00 POTTER RETIREE HEALTH BENEFITS FEB'09 225131 2/3/09 150.00 POWERSTRIDE BATTERY CO INC MOP #67839 BATTERY 225132 2/3/09 339.69 PRUDENTIAL OVERALL SUPPLY MOP #45742 UNIFORMS - PARKS 225133 2/3/09 751.39 R.J. SAFETY SUPPLY TRACER FLY FRONT OVERALL 225134 2/3/09 186.70 RAIJLSTON REPLACEMENT FOR WARRANT #36753 225135 2/3/09 4,884.13 RAY RETIREE HEALTH BENEFITS FEB'09 225136 2/3/09 190.00 RELIABLE TIRE CO. PASSENGER TIRES 225137 2/3/09 494.50 .440 4 5 of 7 Payee ROE. ROUNDS RtJIL RUIZ. S & S WELDING S.D. COUNTY SIIERIFF'S DEPT. SAN DIEGO MIRAMAR COLLEGE SAN DIEGO POOLED INSURANCE SCMAF OFFICE 'DG&E `rfHORT, CRAIG SILVA STATE BOARD OF EQUALIZATION STATE HUMANE ASSOCIATON OF CA STRATACOM SUN TRUST SYSCO SAN DIEGO TECHNOLOGY TRANSFER PROGRAM TED GODSI TALK THOMPSON PUBLISHING GROUP INC TOMARK SPORTS TW M0131LE ENGINEERING U S HEAI;THWORKS U S IIEALTHWORKS 'LTIMATE STAFFING SERVICES INCOR; 3(1R ED WARRANT REGISTER # 32 2/3/2009 Description CONSORTIUM MEETING SUBSISTENCE- ADVANCE POLICE. MGMNT RETIREE HEALTH BENEFITS FEB'09 REFUND OF DENIED BUSINESS I.IC GALVANIZED ANGLE USE OF SHERIFF'S RANGE FOR SWAT TUITION:OFFICERS TRAINING EXPERT & CONSULTANT SERVICE MEMBERSHIP & SUBSCRIPTIONS FACILITIES DIVISION GAS & ELECTRIC RETIREE HEALTH 13ENEFT IS FEB'09 CLAIM COSTS: MARISSA SILVA IIAZ, WASTE E FEE JAN - DEC'08 2009 CA ANIMAL LAWS HANDBOOK T R-130 NOTICE TO APPEAR FORM NEW FIRE TRUCK# 1 PAYMENT#60 FOOD/CONS.1MABLFS TRAFFIC SIGNAL CONTRLR COURSE REFUND FOR DEP MEETING TAPES 2009 FAIR LABOR HANDBOOK BASEBALL. FIELD DRAG SKID PLATES GO RIIINO #5200 MEDICAL SERVICES MEDICAL SERVICES NEIG TEMP EMP 12/14/08 - 12/21/08 chk no chk date Amount 225138 2/3/09 46.47 225139 2/3/09 442.20 225140 2/3/09 310.00 225141 2/3/09 50.00 225142 2/3/09 64.71 225143 2/3/09 200.00 225144 2/3/09 30.00 225145 2/3/09 23,625.00 225146 2/3/09 95.00 225147 2/3/09 39,878.45 225148 2/3/09 300.00 225149 2/3/09 100.00 225150 2/3/09 191.00 225151 2/3/09 58.00 225152 2/3/09 1,374.49 225153 2/3/09 5,009.63 225154 2/3/09 1,319.57 225155 2/3/09 325.00 225156 2/3/09 8.00 225157 2/3/09 438.50 225158 2/3/09 484.13 225159 2/3/09 1,492.47 225160 2/3/09 185.00 225161 2/3/09 55.00 225162 2/3/09 2,017.40 5 Payee ULTIMATE STAFFING SERVICES UNITED PARCEL SERVICE WATERLINE. 'MCI INOLOGIES WEST GROUP PAYMENT CENTER WEST GROUP PAYMENT CENTER WILL.Y'S ELECTRONIC SUPPLY ZIETLOW, DAVIT) BEST BEST & KRIEGER LLP CALIFORNIA SOCIETY OF CHARLES 1 REILLY GE CAPITAL, GEOSYNLEC CONSULTANTS NATIONAL CONSTRUCTION RENTAL PBS&J RORE INC SAN DIEGO GAS & ELECTRIC SAN DIEGO TROLLEY INC STRATACOM SWEETWATER AUTHORITY UNION TRIBUNE URI3AN FUTURES WADE & ASSOCIATES WELLS FARGO BANK " Nit INCORPORATED WARRANT REGISTER # 32 2/3/2009 Description NEIGH TEMP EMI' 12/28/08-01/04/09 UPS SI IIPMENT MUNICIPAL POOL CHEMICALS CA LEGISLATIVE SERVICE CA GOVMNT CODE PAMPHLET 1 & 2 MOP 45763 ELECTRONIC SUPPLIES RETIREE HEAL; LI l BENEFITS FEB'09 COMMUNITY YOUTH ATI ILETIC CENTER 2009 CSMFO MEMBERSHIP RENEWAL. COMMUNICATION SVCS ON NEIVLET}ER EQUIPMENT LEASE EDUCATION VILLAGE FENCE RENTAL 1640 E PLAZA BI.VI) PROVIDE WASTEWATER FINANCIAL, SVC WELL INSTALLATION/DESTRUCTION 921 A AVENUE FLAGGING SERVICES MOP 63845 BUSINESS CARE) - CD 1310 HIGHLAND AVE NEWSPAPER SUBSCRIPTION EXPERT & CONTRACT SVCS PRINCIPAL PROJECT MNGR - I3AY MARINA CREDIT CARD EXP 6 of 7 chk no chk date Amount 225163 2/3/09 1,260.87 225164 2/3/09 66.24 225165 2/3/09 1,710.78 225166 2/3/09 384.96 225167 2/3/09 93.54 225168 2/3/09 203.57 225169 2/3/09 150.00 225170 2/3/09 11,160.99 225171 2/3/09 55.00 225172 2/3/09. 225173 2/3/09 225174 2/3/09 8,565.19 225175 2/3/09 177.08 225176 2/3/09 7,014.30 225177 2/3/09 1,212.50 225178 2/3/09 249.38 225179 2/3/09 107.82 225180 2/3/09 126.15 225181 2/3/09 448.03 225182 2/3/09 56.02 225183 2/3/09 7,297.50 225184 2/3/09 1,118.00 225185 2/3/09 260.38 2,560.00 209.48 Nallif Total $ 1,396,034.48 1140 6 7 of 7 WARRANT REGISTER # 32 2/3/2009 Description chk no chk date Amount Grand Total 1,396,034.48 7 NA 'Grp �•1 INCORP s ATED Warrant Register # 32 2/3/2009 001 GENERAL FUND 105 PARKS MAINTENANCE FUND 111 P.O.S.T. FUND 125 SEWER SERVICE FUND 131 ASSET FORFEITURE FUND 136 TINY TOT CLASSES FUND 166 NUTRITION 172 TRASH RATE STABILIZATION FUND 208 SUPP.LAW ENFORCEMENT SVCS FUND (SLESF) 212 PERSONNEL COMPENSATION FUND 261 CDC DEBT SERVICE FUND 290 POLICE DEPT GRANTS 301 GRANT-C.D.B.G. 307 PROPOSITION A" FUND 345 TRAFFIC CONGESTION RELIEF 511 TAX INCREMENT 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 726 ENGINEERING/PUBLIC WORKS T & A DEPOSITS 731 CONSTRUCTION AND DEMOLITION DEBRIS 51,306.48 1,611.95 782.14 7,561.63 147,761.35 685.04 4,394.90 494.50 117,700.68 6,495.77 806, 392.00 46,417.47 24,622.85 3,395.20 2,000.00 40,032.02 44,873.21 33,132.05 7.85 2,276.37 3,758.00 9,673.15 74.16 18,371.41 10,000.00 12,214.30 1,396,034.48 City of National City, California COUNCIL AGENDA STATEMENT �,,,VIEETING DATE March 3, 2009 AGENDA ITEM NO. 14 ITEM TITLE arran - egis er or e peso Amount of $2,059,877.94 PREPARED BY D. Gallegos -Finance EXPLANATION. 0 roug DEPARTMENT Finance Jeanette L 619-336-4331 Per Government Section Code 37208, attached are the warrants issued for the period of 02/04/09 through 02/10/09. in e The Finance Department has implemented a policy to provide explanation of all warrants Above $50,000.00 Vendor Check# Amount Explanation Dixieline Builders 225190 73,391.00 Casa Familiar AMR 225209 58,760.79 Care Program 08-09 County of SD 225232 68,592.00 Principal/Interest 08-09 D3 Equipment 225235 98,437.24 Backhoe Loader Kaiser Foundation 225271 135,374.51 Emp Ins — Feb 09 Public Emp Ret Sys 225307 273,195.81 PPE 01/26/09 Nil. Tristar Risk 225323 50,279.29 Prefund - Catanzarita Payroll Various 1,031,176.98 PPE 01/26/09 Environmental Review N/A Financial Statement Not applicable. Account No. $TAFE RECOMMENDATION Ratification of warrants in the amount of $2,059,877.94 BOARD/ COMMISSION RECOMMENDATION 1. Warrant Register #33 ATTACHMENTS (Listed Below) Resolution No. A-200 (Rev. 9/80) PAYEE BIG 7 MOTEL CALIFORNIA SOCIETY OF CITY OF NATIONAL CITY COMPLIANCE SERVICES, LLC DIXIELINE BUILDERS ELIACER (TRUSTEE) RIEGER EPIC LAND SOLUTIONS, INC FEDEX GILBERTO & MARIA VEGA HUSK PARTNERS IBARRA ICF JONES & STOKES JUAN F. RUIZ JR. & TERESA RUIZ MICHAL PIASECKI CONSULTING POWER PLUS ROBERTO & MARIA LOURDES ANGULO SAN DIEGO HABITAT FOR HUMANITY SAN DIEGO TROLLEY INC RONICA TAM & ASSOCIATES `,„r1OX CORPORATION ALL FRESH ALPHA & OMEGA AMERICAN ROTARY BROOM CO., INC AMR ASCAP AT&T/MCI AT&T/MCI AUSTIN DOORS AVILA BAUER COMPRESSORS BEARD CAPF CALIFORNIA BAKING CO. CALIFORNIA ELECTRIC SUPPLY CALIFORNIA LAW ENFORCEMENT CALIFORNIA SOCIETY OF CAMEON CASILLAS CEB CHIA CHILDREN'S HOSPITAL CITY CLERKS ASSOCIATION OF CA CLAIMS MANAGEMENT ASSOCIATES NSTRUCTION ELECTRONICS INC. `rORPORATE EXPRESS COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO, RCS CRAWLEY WARRANT REGISTER # 33 2/10/2009 DESCRIPTION WEEKLY MOTEL COSTS 2009 CSMFO MEMB RENEW CDC PETTY CASH - JANUARY 2009 CDC TRAINING - C AGUIRRE CASA FAMILIA REIMB - OVERPAYMENT ON LOAN PROPERTY MGMNT/CONTRACT COMPLIANC OVERNIGT MAIL - HUD DOCUMENTS REIMB-REHAB LOAN OVERPAYMENT . CONSULTING SVCS FOR FEB 2009 REIMB-RENEWAL OF LEAD CERTIFICATION WESTSIDE SPECIFIC PLAN EIR REIMB - OVERPAYMENT ON LOAN CRYSTAL REPORTS UPDATES EQUIP RENTAL - AQUATIC CENTER REIMB - OVERPAYMENT ON LOAN REIMB - 1441 HARDING AVE/1820 G ST FLAGGING SERVICES JAN'09 CONTRACT SVCS IDIS FY 06/07 - 119 LEASE FOR JAN 2009 FOOD/CONSUMABLES MASK FIT TESTS FOR OPERATIONS SWEEPER REPAIRS RCCP JUL 2008 - DEC 2008 ASCAP N. C. MEMBERSHIP PHONE XXX-7549 DEC 08 CALNET 2 PHONE 12/13/08-01/12/09 MATERIAL, PIVOTS, CLOSERS EDUC REIMB - LANDSCAPE DESIGN MSA FIREHAWK M7 REPLACEMENT 125 PLAN REIMB FIRE/LTD FEB 2009 BREAD PRODUCTS MOP #45698 ELECTRICAL MATERIALS PD/LTD FEB 2009 2009 CSMFO MEM RENEWAL SUBSISTENCE:CHIA CONFERENCE REFUND - APPEAL COST PAID CA GOVERNMENT TORT LIABILITY REGISTRATION:2009 CHIA CONFER CHILD SEXUAL ABUSE EXAMS MEMBERSHIP DUES 2008 - 2009 CLAIM COSTS:PIERCE VS NA CITY MAINTENANCE - FEB 2009 MOP #45704 CLIPBOARDS/TAPE UDC MEMBERSHIP PRINCIPAY & INTEREST FOR 08-09 CLAIM COSTS:DAMIEN CRAWLEY 1/4 CHK NO DATE AMOUNT 225186 2/5/09 539.00 225187 2/10/09 55.00 225188 2/10/09 180.68 225189 2/10/09 279.00 225190 2/10/09 73,391.00 225191 2/10/09 128.93 225192 2/10/09 9,895.18 225193 2/10/09 74.24 225194 2/10/09 114.93 225195 2/10/09 7,500.00 225196 2/10/09 225.00 225197 2/10/09 13,262.52 225198 2/10/09 175.25 225199 2/10/09 1,237.50 225200 2/10/09 195.00 225201 2/10/09 158.57 225202 2/10/09 25,000.00 225203 2/10/09 27.84 225204 2/10/09 551.25 225205 2/10/09 439.19 225206 2/10/09 2,432.40 225207 2/10/09 798.00 225208 2/10/09 1,213.98 225209 2/10/09 58,760.79 225210 2/10/09 607.90 225211 2/10/09 7,108.36 225212 2/10/09 178.07 225213 2/10/09 2,909.00 225214 2/10/09 157.77 225215 2/10/09 5,518.16 225216 2/10/09 54.86 225217 2/10/09 624.00 225218 2/10/09 355.50 225219 2/10/09 1,668.64 225220 2/10/09 1,755.00 225221 2/10/09 55.00 225222 2/10/09 100.00 225223 2/10/09 25.00 225224 2/10/09 173.69 225225 2/10/09 525.00 225226 2/10/09 1,214.00 225227 2/10/09 245.00 225228 2/10/09 673.20 225229 2/10/09 843.55 225230 2/10/09 369.61 225231 2/10/09 42,280.00 225232 2/10/09 68,592.00 225233 2/10/09 1,088.82 PAYEE CULLIGAN D3 EQUIPMENT DAY WIRELESS SYSTEMS DEPARTMENT OF MOTOR VEHICLES DEPARTMENT OF TRANSPORTATION DIAZ DOCUFLOW SOLUTIONS, INC DOKKEN ENGINEERING DONSTON DONSTON DREW FORD EAGLE EPOCH UNIVERSAL EXPRESS PIPE AND SUPPLY CO INC EXPRESS TEL FEDEX FEDEX KINKO'S FLEMING PAINTING G BALLARD STUDIO GARDNER & ASSOCIATES GEOTECHNICS, INC. GORMSEN APPLIANCE CO GRAINGER HAMILTON MEATS & PROVISIONS HAYES HEALTH NET HEALTH NET HEALTH NET HENDRICKS HERNANDEZ HODGES HORIZON HEALTH EAP IKON OFFICE SOLUTIONS/IOS INTERNATIONAL CODE COUNCIL INC JEFF KATZ ARCHITECTURE JJJ ENTERPRISE JOHN DEERE LANDSCAPES KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KHADEMI KILLACKY, KEVIN KITAGAWA HOME & OFFICE SUPPLY LASER SAVER INC LEACH LEXIS-NEXIS LOPEZ LUNT MACIAS, GINI & O'CONNELL LLP WARRANT REGISTER # 33 2/10/2009 DESCRIPTION WATER SOFTNER BACKHOE LOADER REPAIR TO COMMUNICATIONS EQUIP 2009 CA VEHICLE CODE BOOKS HIGHWAY LIGHTING REPLACEMENT - DIRECT DEPOSIT REPAIRS FOR IMB TYPEWRITER DEC. 2008 SERVICES NATIONAL CITY CONCERT BAND NATIONAL CITY CONCERT BAND MOP #49078 HOSE ASSEMBLY VEHICLE PERMITNIDEO/ OP DECALS BILLABLE TIME & MATERIALS SVCS TORCH -AIR ACET KIT LONG DISTANCE 12/20/08 - 01/20/09 OVERNIGHT DELIVERY FEDEX-KINKOS MONTHLY POSTCARDS REFUND OF B/L COST PAID PORTRAITS FOR 2009 JUNIOR STICK -ON BADGES/GOLD PAPER DECEMBER 2008 SERVICES CITY WIDE APPLIANCE REPAIRS MOP65179 GEAR/BRG SEPARATOR SET MEAT PRODUCTS NATIONAL CITY CONCERT BAND HEALTH INS FEB 2009 57135J HEALTH 57135A - FEB 2009 HEALTH -RET INS H0067F FEB 2009 PARTIAL REFUND OF FILING BILL SUBSISTENCE:2009 CHIA CONFER REIMB - CAPPO CONF EXPENSES EMPLOYEE ASST PROGRAM JAN'09 COPIER EQUIP LEASE PAYMENTS ICC CODE BOOKS SEPTEMBER 30, 2008 CITY WIDE ALARM MONITORING MOP #69277 TOPSOIL KAISER INS ACTIVE FEB 2009- KAISER RET INS FEB 2009 REFUND - CITATION DISMISSED 125 PLAN REIMB DOUBLE SIDED PRINTING MOP #45725 INKJECT CARTRIDGES SUBSISTENCE 2009 CHIA CONFER CA PARKERS LARMAC INDEX 2009 TRANSLATION SERVICES ON 02/04/09 REPLACEMENT - DIRECT DEPOSIT TRAINING- R. GALVAN 2/4 CHK NO DATE AMOUNT 225234 2/10/09 7.50 225235 2/10/09 98,437.24 225236 2/10/09 490.00 225237 2/10/09 353.72 225238 2/10/09 2,614.35 225239 2/10/09 60.00 225240 2/10/09 65.00 225241 2/10/09 12,301.01 225242 2/10/09 125.00 225243 2/10/09 75.00 225244 2/10/09 89.85 225245 2/10/09 830.94 225246 2/10/09 800.00 225247 2/10/09 308.01 225248 2/10/09 265.74 225249 2/10/09 177.44 225250 2/10/09 239.56 225251 2/10/09 135.00 225252 2/10/09 754.2f 225253 2/10/09 654.88 225254 2/10/09 1,765.00 225255 2/10/09 84.50 225256 2/10/09 893.14 225257 2/10/09 1,182.49 225258 2/10/09 75.00 225259 2/10/09 728.16 225260 2/10/09 11,116.51 225261 2/10/09 1,701.45 225262 2/10/09 5,702.85 225263 2/10/09 100.00 225264 2/10/09 103.30 225265 2/10/09 859.20 225266 2/10/09 18,945.35 225267 2/10/09 153.95 225268 2/10/09 517.25 225269 2/10/09 1,715.00 225270 2/10/09 461.72 225271 2/10/09 135,374.51 225272 2/10/09 7,278.90 225273 2/10/09 35.00 225274 2/10/09 1,038.42 225275 2/10/09 95.65 225276 2/10/09 899.04 225277 2/10/09 100.01 225278 2/10/09 175.52 225279 2/10/09 100.00 225280 2/10/09 25.00 225281 2/10/09 150.00 `/' PAYEE MAGGIORA MAINTEX, INC. MANAIG MANPOWER OF SAN DIEGO MASON'S SAW & LAWNMOWER SRVC MCGUIRE DISTRIBUTION MICHAL PIASECKI CONSULTING MISSION UNIFORM SERVICE MONTGOMERY KONE, INC. MURILLO MUSIC MART INC. NAPA AUTO PARTS NATIONAL CITY HOST LIONS CLUB NATIONAL CITY TROPHY NIXON EGLI EQUIPMENT CO. OLSON ONE SOURCE DISTRIBUTORS ORKIN PEST CONTROL :HI'S POWER EQUIPMENT `044.0/CIFIC AUTO REPAIR PADRE JANITORIAL SUPPLIES, INC PE PFEIFER PONTERIO PRO -EDGE KNIFE PUBLIC EMP RETIREMENT SYSTEM R.J. SAFETY SUPPLY RELIANCE STANDARD ROE ROJAS SAN DIEGO GAS & ELECTRIC SAN DIEGO MIRAMAR COLLEGE SD TRAINING MANAGERS ASSOC SILVA SISTER CITIES INTERNATIONAL SKS INC. SMART & FINAL SOUTHERN CALIF TRUCK STOP STRATACOM SYSCO SAN DIEGO TELLEZ TRISTAR RISK MANAGEMENT I 1 S BANK CORPORATE PAYMT SYS 'IMATE STAFFING SERVICES SielDERGROUND SERV ALERT UNITED PARCEL SERVICE VERIZON WIRELESS VISTA PAINT NPa �- •r7COR.PO'RAT" WARRANT REGISTER # 33 2/10/2009 DESCRIPTION 125 PLAN REIMB JANITORIAL SUPPLIES PARTIAL REFUND OF FILING COSTS WEEK ENDING 02/02/09 MOP #45729 LAWN EQUIPMENT PARTS MILK PRODUCTS CRYSTAL REPORTS UPDATES LINEN SERVICE REPAIRS/MAINTENANCE TO ELEVATORS REPLACEMENT FOR DIRECT DEPOSIT NATIONAL CITY CONCERT BAND MOP #45735 IGNITION LIONS CLUB - FIREWORKS MOP66556 DESK/DOOR NAME PLATES STREET SWEEPER PARTS REIMB - 832P LAWS OF ARREST CLASS MOP #67256 ELECTRICAL MATERIAL PEST MAINTENANCE MOP45740 HEAD ASSEMBLY/CLEANER SMOG CERTIFICATION & REPAIRS JANITORIAL SUPPLIES 125 PLAN REIMB 125 PLAN REIMB NATIONAL CITY CONCERT BAND SHARPENING SERVICE SERVICE PERIOD 01-09-4 LIGHTWEIGHT BOMBER JACKET VTL FEB 2009 PROMOTIONAL ACTIVITIES 125 PLAN REIMB 1415 D AVE 12/17/08 - 01/19/09 TUITION:REG OFFICERS TRAINING 2009 SDTMA RENEW MEMBERSHIP 125 PLAN REIMB 2009 SISTER CITIES MEMBERSHIP CHEVRON SUPREME MOP 45756 MISCELLANEOUS - CS MOP #45758 PROPANE MOP 63845 SALE APPLICATIONS - FIN FOOD/CONSUMABLES 125 PLAN REIMB PREFUND FOR M CATANZARITA CREDIT CARD EXP - PURCHASING NEIGHBORHOOD TEMP EMP 01/18/09 UNDERGROUND SVC ALERT CHGS UPS SHIPMENT CELL PHONES 12/22/08 - 01/21/09 GRAFFITI PAINT 3/4 CHK NO DATE AMOUNT 225282 2/10/09 746.86 225283 2/10/09 1,462.33 225284 2/10/09 13,306.65 225285 2/10/09 1,664.00 225286 2/10/09 161.17 225287 2/10/09 675.80 225288 2/10/09 1,237.50 225289 2/10/09 123.32 225290 2/10/09 3,464.07 225291 2/10/09 34.43 225292 2/10/09 840.51 225293 2/10/09 396.12 225294 2/10/09 5,000.00 225295 2/10/09 140.83 225296 2/10/09 2,119.49 225297 2/10/09 67.00 225298 2/10/09 117.62 225299 2/10/09 353.75 225300 2/10/09 185.21 225301 2/10/09 3,077.13 225302 2/10/09 736.10 225303 2/10/09 164.97 225304 2/10/09 225.19 225305 2/10/09 75.00 225306 2/10/09 45.00 225307 2/10/09 273,195.81 225308 2/10/09 54.95 225309 2/10/09 1,783.45 225310 2/10/09 63.99 225311 2/10/09 369.04 225312 2/10/09 2,021.07 225313 2/10/09 60.00 225314 2/10/09 50.00 225315 2/10/09 1,500.00 225316 2/10/09 680.00 225317 2/10/09 2,513.89 225318 2/10/09 31.29 225319 2/10/09 19.13 225320 2/10/09 449.47 225321 2/10/09 8,889.22 225322 2/10/09 313.56 225323 2/10/09 50,279.29 225324 2/10/09 508.26 225325 2/10/09 1,008.70 225326 2/10/09 123.00 225327 2/10/09 17.93 225328 2/10/09 4,928.66 225329 2/10/09 604.76 4/4 INCORPO�tATED WARRANT REGISTER # 33 2/10/2009 PAYEE DESCRIPTION CHK NO DATE AMOUNT WESTFLEX INDUSTRIAL MOP #63850 HOSE REEL ASSEMBLY 225330 2/10/09 682.12 WILLIAMS EQUIP MAINTENACE 225331 2/10/09 670.56 WRIGHT REPLACEMENT - DIRECT DEPOSIT 225332 2/10/09 20.00 PAYROLL. Pay period Start Date End Date ('heck Date 3 1/13/2009 1/26/2009 2/4/2009 A/P Total 1,031,176.98 1,028,700.96 A/P Total 1,031,176.98 GRAND TOTAL $ 2,059,877.94 INCOR.pORATED Warrant Register # 33 2/10/2009 001 GENERAL FUND 104 LIBRARY FUND 105 PARKS MAINTENANCE FUND 109 GAS TAXES FUND 125 SEWER SERVICE FUND 130 EMT-D REVOLVING FUND 154 STATE PUBLIC LIBRARY 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 282 REIMBURSABLE GRANTS CITYWIDE 290 POLICE DEPT GRANTS 301 GRANT-C.D.B.G. 307 PROPOSITION A" FUND 312 STP LOCAL/TRANSNET HIGHWAY 320 LIBRARY GRANTS 345 TRAFFIC CONGESTION RELIEF 502 SECTION 8 FUND 505 HOME FUND 506 HOME LOAN PROGRAM FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 626 FACILITIES MAINT FUND 627 LIABILITY INS. FUND 628 GENERAL SERVICES FUND 629 INFORMATION SYSTEMS MAINTENANC 631 TELECOMMUNICATIONS REVOLVING 632 GENERAL ACCOUNTING SERVICES 643 MOTOR VEHICLE SVC FUND 644 EQUIPMENT REPLACEMENT RESERVE 724 COBRA/RETIREE INSURANCE 1,296,933.37 27,916.61 21,576.30 3,612.33 20,123.12 63,962.93 1,125.75 1,234.93 29, 771.34 1,267.19 2,155.62 1,103.13 5,035.16 2,717.85 1,148.23 4,702.36 3,124.34 39, 342.59 77.09 2,696.11 2,585.31 16,200.77 1,724.83 6,137.12 1,765.40 21,479.96 73,938.14 577.68 95,151.53 28,925.42 32, 568.12 55,737.95 26,518.89 4,501.38 13,914.72 18, 845.40 21, 533.22 98,437.24 9,708.51 2,059,877.94 City of National City, California COUNCIL AGENDA STATEMENT 'MEETING DATE March 03, 2009 AGENDA ITEM NO. 15 ITEM TITLE PUBLIC HEARING — FISCAL YEAR 2009-2010 FUNDING CYCLE FOR THE CDBG AND HOME PROGRAMS - APPLICANT PRESENTATIONS The purpose of Public Hearing No. 2 is to hear presentations from agencies that have submitted applications for Community Development Block Grant (CDBG) and/or Home Investment Partnership Act (HOME) Program funding. PREPARED BY Carlos Aguirre (Ext. 4391) DEPARTMENT Housing and Grants Division, Community Development Department EXPLANATION Each year the City completes an extensive public participation process to review and approve various programs and projects eligible for CDBG and HOME program funds. Public Hearing No. 2 is the second of four public hearings to solicit meaningful community involvement and input in the development of the City's Fiscal Year (FY) 2009-2010 Annual Action Plan. The purpose of Public Hearing No. 2 is to provide the CDBG and HOME Program applicants with an opportunity to present their applications requests to the City Council and to the Housing and Community Development Committee (HCDC). Each applicant will be provided three (3) minutes for their presentation; then both the Council and HCD will be given an opportunity to ask questions of the applicant. Upon conclusions of these presentations, the public will also be provided an opportunity for comments. Environmental Review I N/A Financial Statement Approved By. Finance Director The estimated amount of funding available for FY 2009-2010 for each program is as follows: r Community Development Block Grant - $919,350 Account No. Y Home Investment Partnership Program - $676,020 STAFF RECOMMENDATION Conduct public hearing. BOARD / COMMISSION RECOMMENDATION Not applicable to this report ATTACHMENTS ( Listed Below) Resolution No. Attachment 1: Notice of Public Hearing No. 2 Attachment 2: List of Applicants A-200 (9/99) Attachment No. 1 NATI_;_., C....-Seijiti.431t N ITV PUBLIC NOTICE CITY OF NATIONAL CITY PUBLIC HEARINGS FOR THE FISCAL YEAR (FY) 2009-2010 ANNUAL ACTION PLAN COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAM FUNDING Notice is hereby given that the City of National City Council and the Housing and Community Development Committee (HCDC) will hold the second of four Public Hearings on Tuesday, March 3, 2009 at 6:00 p.m. PUBLIC HEARING No. 1 — Held on Tuesday, January 20, 2009 at 6:00 p.m. The purpose is to review community needs, discuss eligible activities for both the CDBG and HOME Programs, and solicit public comments and input regarding the use of these funds. r PUBLIC HEARING No. 2 — Tuesday, March 3, 2009 at 6:00 p.m. The purpose is to hear presentations from agencies that have submitted applications for CDBG and/or HOME Program funding. PUBLIC HEARING No. 3— Tuesday, March 17, 2009 at 6:00 p.m. The purpose is for the Council and HCDC to discuss their funding recommendations and for the Council to formulate their funding recommendations for the FY 2008-2009 CDBG and HOME Program Funds. i- PUBLIC HEARING No. 4 — Tuesday, April 21, 2009 at 6:00 p.m. The purpose is to review public comments received during the 30-Day Annual Action Plan public review period; and to provide interested persons and community groups with one last opportunity to share their thoughts regarding the proposed FY 2009-2010 CDBG & HOME Program funding recommendations (Annual Action Plan). The estimated amount of funding available for FY 2009-2010 for each program is as follows: Community Development Block Grant - $919,350 Home Investment Partnership Program - $676,020 Interested persons and community groups are invited to attend these hearings. All public hearings will be held at the City of National City, City Hall Council Chamber, located at 1243 National City Boulevard, National City, CA 91950. For more information regarding this process, please call the Grant and Housing Department at (619) 336-4391. Hearing impaired persons please use the CAL Relay Service Number 711. City facilities are wheelchair accessible. Please contact the City Clerk's Office at (619) 336-4228 to request a disability -related modification or accommodation. Notification 24-hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Asistencia En Espanol: para que le interpreten la solicitud en espanol, Ilame al (619) 336-4563. Chris Zapata, City Manager City of National City of National City Publish: The Union Tribune Dates: February 23, 2009 ATTACHMENT No. 2 LIST OF APPLICANTS (4 PAGES) COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FISCAL YEAR 2009-2010 FUNDING REQUESTS (Page 1 of 3) TAB # AGENCY NAME ACTIVITY NAME NUMBER TO BENEFIT FROM CDBG FUNDING REQUEST THE ACTIVITY PUBLIC SERVICE ACTIVITIES 1 Boys and Girls Clubs of Inland North County After School Activities for National City Youth 750 Individuals $100,000 2 Burn Institute Senior Fire & Burn Prevention Program/ Smoke Alarm Installation Program 300 Households $8,465 3. City of National City- 'Public.Library• , - Natj r, at CityPublic Library Lite: Services : • 22Q Individtuals $ 7 50- 4 City of. National City - Community Services Department At.Yd'utht' Risk Afterschoot e Program "SupremTeens" f : , 1{�l I divii3pats ` . t, 3 ,500 5 City of National City - Community Services Depent � .. artm •Tin�t,"C is . t -� 3",` �tliVitluatk ti �� � �,� 6. City of. National CO- Police° Department Dorf ie#ess Outr-eact Progr and Enforcement 250 individual $99,376 7 Community Food Bank of National City Project Hunger/ Project Independence 1500 Households $11,200 8 Community Youth Athletic Center Champs 4 Life Sports Fitness, Training, & Nutrition Program 750 Individuals $85,000 9 Council of Philippine American Organizations of San Diego County, Inc. COPAO Programs and Events 25,000 Individuals $15,000 10 Kalusugan Community Services (KCS) Filipino American Wellness Center (FWC) Kabataan Violence Prevention and Leadership Development 300 Individuals $30,000 11 La Maestra Family Clinic, Inc. La Maestra Breast Cancer Health Education. Outreach, and Screening Program 1,360 Individuals $57,058 12 MAAC Project HOME Clinic Program 100 Households $50,000 13 National City Pop Warner Diablos Football and Cheer 425 Individuals $50,000 14 PASACAT The Philippines Through Music and Dance 2,755 Individuals $15,000 15 San Diego Food Bank Food 4 Kids Backpack Program 75 Individuals $20,000 16 San Diego Youth Services PROTECT Prevention Education and Training Program 2000 Individuals $60,000 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FISCAL YEAR 2009-2010 FUNDING REQUESTS (Page 2 of 3) TAB # AGENCY NAME ACTIVITY NAME NUMBER TO BENEFIT FROM CDBG FUNDING REQUEST THE ACTIVITY PUBLIC SERVICE ACTIVITIES 17 South Bay Community Services Domestic Violence Response Team/ South Bay Family Justice Network 45 Individuals $50,000 18 South Bay Community Services National City Police Department Juvenile Diversion Program 55 Individuals $26,740 19 SUHI Foundation National City Community Health and Wellness 600 Individuals $85 000 20 Trauma Intervention Programs of San Diego County, Inc. Crisis Intervention Team 799 Households $8,000 TOTAL PUBLIC SERVICE REQUESTS $886,926 15% MAXIMUM OF THE FY 2009- 2010 CDBG ENTITLEMENT IS AVAILABLE FOR PUBLIC SERVICE ACTIVITIES $137,903 PRIOR YEAR COMMITMENTS TO PHYSICAL IMPROVEMENT ACTIVITIES Public Facility Improvement Activities 21 City of National City - Fire Department Fire Apparatus Lease Payment 5 of 5 1 Fire Apparatus / Equipment $84,906 TOTAL PRIOR YEAR COMMITMENTS $84,906 PHYSICAL IMPROVEMENT ACTIVITIES Rehabilitation and Repair Activities 22 Christmas in July * National City Home Repair Program 10 Households $110,000 23 City of National City- Community Development Department Granger Hall Preservation and Heritage Tourism Planning 1 Historic Restoration (14,474 Households) $75,000 Public Facility Improvement Activities 24; City of National City- • Community Services Department Indoor & Outdoor Basketball Court Resurfacing. 1:P�u li Eaci Improverti ii ° 'i4i474. 11.00.0bbidST ry . ' $20,000 25 City of National City- Fire Department Fire Truck Lease Payment No.1 1 Fire Appa*atus/ F'quiprrient $182,131 26 Council of Philippine American Organizations of San Diego County, Inc. COPAO Building Renovation Project 1 Public Facility Improvement $25,000 27 San Ysidro Family Health Center National City Family Clinic Ramp- ADA Compliance 1 Public Facility Improvement (7000 Individuals) $47,613 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FISCAL YEAR 2009-2010 FUNDING REQUESTS (Page 3 of 3) TAB AGENCY NAME ACTIVITY NAME NUMBER TO BENEFIT FROM THE ACTIVITY CDBG FUNDING REQUEST Public Infrastructure Improvement Activities 28 30 31. City of National City. Engineering Department City of National -City 7 En gineerur g bepartment City of National City Engineering Department City of .National City ,Engineering Department Upgrade Sgbstandad_ Pedestrian Ramps. Miscellaneous Concrete Improvei►ents Miscellaneous Storm Drain Inmprovernents Safety and, Accessibility Enharneements:at. • Pedestrian Crossings. TOTAL NEW PHYSICAL IMPROVEMENT REQUESTS Public. Inructufr Improvements Public Infrastructure, Improvements; Public" Infrastructure Improvements: Public Infrastructure' Improvements $934,744 ECONOMIC DEVELOPMENT ACTIVITIES Business Development 32 Los Ninos EVE's Project 25 Individuals $25,300 33 Southwestern Community College District Small Business Development & International Trade Center National City Economic Development Funds Program n/a $35,000 TOTAL ECONOMIC DEVELOPMENT ACTIVITY REQUESTS $60,300 TOTAL OF FY 2009- 2010 CDBG FUNDING REQUESTS FOR NON-PUBLIC SERVICE ACTIVITIES $1,079,950 TOTAL OF FY 2009- 2010 CDBG FUNDING AVAILABLE $597,477 FOR NON-PUBLIC SERVICE ACTIVITIES CDBG PROGRAM ADMINISTRATION 35 nta. .City of.Nat►onal.City-- Cinlnliunity Services r Dapartment� .,.:. The Fair Housing Council of San Diego City of National City -- Community Development Department Neighbor ii od Counc Prpgr':; Fair Housing and Tenant - Landlord Education Services CDBG, Irogram Administration TOTAL PROGRAM ADMINSTRATION REQUESTS n/a 20% MAXIMUM OF THE FY 2009-2010 CDBG ENTITLEMENT IS AVAILABLE FOR PROGRAM ADMINISTRATION $38,000 $183,870 $183,870 FISCAL YEAR 2009-2010 FUNDING REQUESTS HOME INVESTMENT PARTNERSHIPS ACT (HOME) PROGRAM (Page 1 of 1) TAB AGENCY NAME ACTIVITY NAME NUMBER TO BENEFIT FROM THE ACTIVITY HOME FUNDING REQUEST AFFORDABLE HOUSING ACTIVITIES 36 n/a n/a City of National City Community Development Department City of National C .ri unity Development Department City of Nationaly City Community Development- Department City of National City Community Development Department First Time Homebuyeri. Program Rehabilitation Program Community` Housing. Development Orga?5itation Set -Aside HOME Program: Administration TOTAL HOME ACTIVITIES REQUESTS 10 House, olds $676,020 City of National City, California COUNCIL AGENDA STATEMENT "MEETING DATE March 3, 2009 AGENDA ITEM NO. 16 ITEM TITLE An Ordinance of the City Council of the City of National City Amending Title 18 of the National City Municipal Code Amending Chapter 18.142 Pertaining to Residential Density Bonus and Affordable Housing Incentives (Applicant: City Initiated) (Case File No. 2008-15 A) PREPARED BY Peggy Chapi4 dr3364319 DEPARTMENT Planning Division EXPLANATI ON The City Council held a public hearing on proposed changes to amend Chapter 18.142 of the Municipal Code on February 17, 2009 and voted to approve the amendment regarding "Residential Density Bonus and Affordable Ilousing hncentives". The attached ordinance will fulfill that action. Environmental Review Financial Statement N/A N/A Proposed Negative Declaration (2008-15 IS) Approved By: Finance Director Account No. STAFF RECOMMENDATION Introduce Ordinance BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. Ordinance A-200 (9/99) ORDINANCE NO. 2009 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 18 OF THE NATIONAL CITY MUNICIPAL CODE BY AMENDING CHAPTER 18.142 PERTAINING TO RESIDENTIAL DENSITY BONUS AND AFFORDABLE HOUSING INCENTIVES WHEREAS, pursuant to the terms and provisions of the Government Code of the State of California, proceedings were duly initiated for the amendment of the National City Municipal Code; and WHEREAS, pursuant to legal notice, hearings were held by the Planning Commission and the City Council of National City, and all persons interested were given the opportunity to appear and be heard before said Planning Commission and City Council; and WHEREAS, the Planning Commission has regularly and duly certified its report to the City Council, and has recommended such amendment. NOW, THEREFORE, the City Council does hereby ordain as follows; Section 1. All protests, if any, against said amendment to the Municipal Code and each of them be and hereby are denied and overruled. Section 2. That Section 18.142 of Title 18 of the Municipal Code be amended to read as follows: Sections: 18.142.010 Intent and Purpose 18.142.020 Definitions 18.142.030 Density bonus 18.142.040 Concessions, incentives, and development standards 18.142.050 Application requirements and review. 18.142.060 Density bonus housing agreement. 18.142.010 Intent and purpose. The intent and purposes of this Chapter are to: A. Implement the policies of the General Plan's Housing Element for developing affordable housing for households with very low, low, and moderate incomes. B. Encourage affordable housing units to be developed citywide and designed to be consistent with the surrounding neighborhood. C. Implement the provisions of State Government Code Section 65915. Ordinance No. 2009 - Residential Density Bonus and Affordable Housing NCMC Chapter 18.42 18.142.020 Definitions. Within this Chapter 18.142, the following definitions shall apply: A. "Additional incentives" means any regulatory concessions or incentives which would result in identifiable cost avoidance or reductions that are offered in addition to a density bonus, as also specified in California Government Code Subsections 65915. B. "Density bonus" means a density increase of up to thirty-five percent over the otherwise maximum residential density allowable by the applicable zoning designation, pursuant to State Government Code Section 65915, as amended from time to time. C. "Density bonus units" means those residential units granted pursuant to the provisions of this Chapter that exceed the otherwise allowable maximum residential density for the development site. D. "Development standard" shall have the meaning given that term by Government Code Section 65915. E. "Financial Pro Forma" means a financial report for density bonus projects that shall include identifiable, financially sufficient, and actual cost reductions achieved through any requested incentives or concessions, as well as evidence that the cost reduction allows the developer to provide affordable rents or affordable sales prices. F "Housing development" for the purpose of this Chapter means construction projects consisting of five (5) or more residential units, including single-family, multi -family, and mobile homes for sale or rent; G. "Lower income household" means households whose income is no more than 80 percent of the area median income of San Diego County, as established and amended time to time by Section 8 of the United States Housing Act of 1937, pursuant to Section 50079.5 of the California Health and Safety Code. H. "Maximum residential density" means the maximum number of residential units permitted by the City's General Plan Land Use Element and Land Use Code at the time of application, excluding the provisions of this Chapter. In calculating the required number of dwelling units affordable to moderate, lower, or very low income households, any decimal fraction resulting from the applicable percent of the total units shall be rounded to the next larger whole number. "Moderate income household" means households whose income does not exceed 120 percent of the area median income of San Diego County, as established and amended time to time by Section 8 of the United States Housing Act of 1937, pursuant to Section 50093 of the California Health and Safety Code. J. "Non -restricted unit" means all units within a housing development as defined in this Chapter, excluding the target units. K "Target unit" means a dwelling unit within a housing development that will be reserved for sale to or rent to, and affordable to, very low, or moderate income households, or qualifying residents. L."Very low income household" means households whose income is no more than 50% of the area median income of San Diego County, as established and amended time to time by Section 8 of the United States Housing Act of 1937, pursuant to Section 50105 of the California Health and Safety Code. 18.142.030 Density Bonus. A. In applications for projects meeting the minimum threshold of five (5) units or more, the density bonus provisions set forth in Government Code Section 65915, as amended from time to time, shall apply. B. It is the intent of this Section to ensure that all projects applying for the concessions and incentives of this Section provide for affordable housing units that are comparable in size, design, and quality to the market units in the same project. The Planning Ordinance No. 2009 - 2 Residential Density Bonus and Affordable Housing NCMC Chapter 18.42 `,, Director, unless otherwise specified, shall have the discretion and authority to enforce this provision during the application process. 18.142.040 Concessions, incentives, and development standards. In applications for projects meeting the minimum threshold of five (5) units or more, concessions and incentives including reductions in site development standards, modifications of zoning code or architectural design requirements, and other incentives or concessions defined in Government Code Section 65915(1) may be requested, consistent with the parameters enumerated below. A. Concessions and incentives. The applicant shall provide a financial pro forma demonstrating to the City that the requested concession or incentive results in identifiable, financially sufficient, and actual cost reductions to the project pursuant to California Government Code Section 65915(1)(1). B. Development Standards. Applicants may seek a waiver or modification of development standards that will have the effect of precluding the construction of a residential development meeting the criteria of Government Code Section 65915 at the densities or with the incentives or concessions permitted by that Section. C. Nothing in this Section requires the City to provide direct financial incentives for the residential development, including but not limited to the provision of publicly owned land, waiver of fees, off -site improvements, or dedication requirements. 18.142.050 Application requirements and review. A. Application Conference. Prior to submitting an application, an applicant proposing a housing development pursuant to this Section shall schedule a pre -application conference with appropriate Planning and/or Housing Division staff. The applicant should provide the following information: 1. A brief description of the proposed development, including at a minimum `.+ the total number of units, total number of target units, and total number of density bonus units proposed. 2. The combined general plan/zoning designations and assessor parcel number(s) of the project site. 3. A vicinity map and preliminary site plan, drawn to scale, including building footprints, driveway and parking layout. 4. If an additional incentive(s) is requested, the application should describe why the additional incentive(s) is necessary to ensure affordability of the target units and density bonus units proposed; 5. The developer/applicant should also submit the project pro -forma, outlining revenue sources, expenses, and projected profit. B. Application/Processing. Requests for a density bonus and/or additional incentive(s) pursuant to this Chapter shall be submitted to the Planning Division and processed pursuant to procedures in Chapter 18.116 for approval of a conditional use permit and concurrently with any other application(s) required for the development. In addition, applications shall include the following: 1. A description of any requested density bonuses, incentives, concessions, waivers or modifications of development standards, or modified parking standards. 2. Identification of all affordable units qualifying for the project for a density bonus, and level of affordability of all affordable units. 3. For all incentives and concessions, a financial pro forma demonstrating that the requested incentives and concessions result in identifiable, financially sufficient, and actual cost reductions is required. 4. For waivers or modifications of development standards: evidence that the imposition of the development standards for which a waiver is requested will have the effect of Ordinance No. 2009 - Residential Density Bonus and Affordable Housing NCMC Chapter 18.42 precluding the construction of the residential development at the densities or with the incentives or concessions permitted by Government Code Section 65915. 5. Any financial pro forma submitted to comply with this Section may not include the lost opportunity cost of any affordable units (i.e., the revenue that would have been generated had the units been rented or sold at market rate) and may include as an additional cost only those additional expenses that are required solely because of the proposed construction of the affordable units. The pro forma shall also include: (a) the actual cost reduction achieved through the incentive or concession; and (b) evidence that the cost reduction allows the developer to provide affordable rents or affordable sales prices. 6. The City may retain a consultant to review the financial report (pro forma). The cost of the consultant shall be borne by the applicant with the following exception: if the applicant is a non profit organization, the cost of the consultant may be paid by the City upon prior approval of the City Council. C. Findings for Approval. Before any density bonus and/or additional incentive is granted, the approving authority shall make the following findings: 1. The residential development is eligible for a density bonus and any concessions, incentives, waivers, modifications, or reduced parking standards requested. 2. The residential development conforms to all standards for affordability included in this Section. 3. Any requested incentive or concession will result in identifiable, financially sufficient, and actual cost reductions based upon appropriate financial analysis and documentation if required by Section 18.142.050. 4. If a waiver or modification is requested, the applicant has shown that the imposition of the development standards sought to be waived or modified will have the effect of physically precluding the construction of the development at the densities or with the incentives or concessions otherwise permitted by this Section. D. Findings for Denial — Concessions, Incentives, Waivers, Modifications. 1. Concessions or Incentives. The City may deny one or more requested concessions or incentives if, based on substantial evidence, the City makes either of the following findings: a. The concession or incentive is not required in order to provide for affordable housing costs, as defined in Section 50052.5 of the Health and Safety Code, or for rents for the targeted units to be set as specified in Section65915(c); or b. The concession or incentive would have a specific adverse impact, as defined in Government Code Section 65598.5(d)(2), upon public health and safety or the physical environment, or on any real property that is listed in the California Register of Historical Resources, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rending the development unaffordable to very low, low, and moderate income households. 2. Waivers and Modifications. The City may deny one or more requested waivers or modifications if the City makes either of the following findings: a. The waiver or modification would have a specific adverse impact, as defined in Government Code Section 65598.5(d)(2), upon public health and safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact; or b. The waiver or modification would have a specific adverse impact on any real property that is listed in the California Register of Historical Resources. E. Deed Covenant. Approval of a density bonus and/or additional incentive(s) pursuant to this Chapter shall require the recordation of a deed covenant recorded against the property to ensure the target unit(s) is maintained for affordability for the time period required Ordinance No. 2009 - 4 Residential Density Bonus and Affordable Housing NCMC Chapter 18.42 prior to Final Map recordation or prior to the issuance of a building permit, if no subdivision of property is involved. F. Appeal Procedure. The decision of the Planning Commission to approve or deny a request for a density bonus, additional incentive(s), and/or waivers or modifications of development standards pursuant to this Chapter may be appealed to the City Council pursuant to procedures for appeal of other discretionary permit applications that are concurrently considered, or f if no other discretionary permit applications are concurrently considered, the decision of the Planning Commission may be appealed pursuant to procedures specified in Chapter 18.116 of the Municipal Code. 18.142.060 Density bonus housing agreement. A. Applicants/developers requesting a density bonus shall enter into a Density Bonus Housing Agreement with the City. The terms of the draft agreement shall be approved by the Executive Director of the Community Development Commission of the City of National City or his designee. B. Following execution of the Agreement by all parties, the completed Density Bonus Housing Agreement, or memorandum thereof, shall be recorded with the County of San Diego Recorders Office, and the conditions therefore filed and recorded on the parcel or parcels designated for construction of target units and a copy of the recorded document shall be provided to the City. Recordation of the Agreement shall occur prior to recordation of a Final Map or prior to issuance of building permits, whichever occurs first. The Density Bonus Housing Agreement shall be binding to all future owners and successors in interest during the term of the Agreement, unless rescinded by the City upon completion of terms of the Agreement. C. The Density Bonus Housing Agreement shall include at least the following: 1. The total number of units approved for the housing development, including the number of target units. 2. A description of the household income group to be accommodated by the housing development, as outlined in Section 18.142.050 of this Chapter, and the standards for determining the corresponding affordable rent or affordable sales price and housing cost. 3. The location, unit sizes (square feet), and number of bedrooms of target units. 4. Tenure of use restrictions for target units of at least ten or thirty years, in accordance with Section 18.142.050 of this Chapter. 5. A schedule for completion and occupancy of target units. 6. A description of the density bonus, additional incentive(s) or equivalent financial incentives being provided by the City. 7. A requirement to submit to the Executive Director of the Community Development Commission of the City of National City or his designee for review and approval of an Affirmative Marketing Plan, which details the actions the developer/applicant shall take to provide information and otherwise attract eligible persons to the available housing units without regard to race, sex, sexual orientation, marital status, familial status, color, religion, national origin, ancestry, handicap, age, or any other category which may be defined by law now or in the future. 8. A description of remedies for breach of the Agreement by either party. The City may identify tenants or qualified purchasers as third party beneficiaries under the Agreement. 9. Other provisions to ensure implementation and compliance with this Chapter. 10. Provision allowing payment of fee by applicant to the City to recover their administrative expenses. Ordinance No. 2009 - 5 Residential Density Bonus and Affordable Housing NCMC Chapter 18.42 D. In the case of for -sale housing developments, the Density Bonus Housing Agreement shall provide for the following conditions governing the initial sale and use of target units during the applicable use restriction period: 1. Target units shall, upon initial sale, be sold to eligible very low, low, or moderate income households at an affordable sales price and housing cost, or to qualified residents (i.e., maintained as senior citizen housing) as defined by this Chapter. 2. Target units shall be initially owner -occupied by eligible very low, low, or moderate households, or by qualified residents in the case of senior citizen housing. 3. Target units, if later rented by the owner, shall be made available to eligible very low, low, or moderate income households at an affordable rent or to qualified residents (Le., senior citizens) as defined by this Chapter. 4. The initial purchaser of each target unit shall execute an instrument or agreement approved by the City restricting the sale or rental of the target unit in accordance with this Ordinance during the applicable use restriction period. Such instrument or agreement shall be recorded against the parcel containing the target unit and shall contain such provisions as the City may require to ensure continued compliance with this Chapter and the State density bonus law. E. In the case of rental housing developments, the Density Bonus Housing Agreement shall provide for the following conditions governing the use of target units during the use restriction period: 1. The rules and procedures for qualifying tenants, establishing affordable rent, filling vacancies, and maintaining target units for qualified tenants;. 2. Property owners shall be required to verify tenant incomes on an annual basis and maintain books and records to demonstrate compliance with this Chapter. 3. Property owners shall be required to submit an annual report to the City, which includes the name, address, household size, and income of each household occupying target units, and which identifies the bedroom size and monthly rent or cost of each target unit. 4. Property owners shall be required to allow a City representative to inspect each unit annually at a minimum to ensure that units are being maintained to local Code and the Department of Housing and Urban Development (HUD) Housing Quality Standards. Section 3. That a Negative Declaration was prepared to evaluate potential environmental impacts of the proposed amendment to Title 18.142 of the Municipal Code and based on that evaluation and in compliance with the California Environmental Quality Act (CEQA), it has been determined that there is no possibility that the amendment will have a significant environmental effect. The amendment is limited to density bonus projects that will be evaluated individually and on their own merit at the time of any future density bonus applications. PASSED and ADOPTED this day of , 2009. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, III, City Attorney Ordinance No. 2009 - 6 Residential Density Bonus and Affordable Housing NCMC Chapter 18.42 City of National City, California COUNCIL AGENDA STATEMENT �.. MEETING DATE March 3, 2009 AGENDA ITEM NO 17 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND ADOPTING THE FY 2008-2009 MID -YEAR BUDGET CHANGES PREPARED BY Jeanette Ladri• •, PA DEPARTMENT Finance Finance Direc or 336-4331 EXPLANATION In June 2008, the City Council adopted a budget for FY 2008-2009. As in each budget year, staff must make revisions to the original budget due to changes in the economy, operating needs, laws and regulations, etc. As part of the mid -year review, the Finance Director projected the City's revenues and expenditures to what it could be at June 30, 2009. The Finance Director and Financial Services Officer met with each department, discussed the financial projections and took into consideration their needs to adjust their departmental budget. The Finance Director summarized the revisions and brought them forward to the City Manager's Office for final approval. Attached is the summary of the changes to the FY 2008-2009 budget for City Council review and approval. / 1 Environmental Review Financial Statement Any mid -year changes approved by the City Council will amend the FY 2008-2009 Budget accordingly. Account No. STAFF RECOMMENDATION Adopt Resolution BOARD / COMMISSION RECOMMENDATION N/A T. ATTACHMENTS 1. Resolution 2. Summary of FY 2008-2009 Mid -Year Budget Changes A-200 (9/80) RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND ADOPTING THE FY 2008-2009 MID -YEAR BUDGET CHANGES WHEREAS, on September 16, 2008, the City Council adopted a budget for FY 2008-2009 that was modeled on the FY 2007-2008 budget with minor modifications; and WHEREAS, due to changes in the economy, operating needs, laws and regulations, adjustments to revenue and expenditure budgets would be made at mid -year review; and WHEREAS, the Finance Director and Financial Services Officer met with each department, discussed financial projections and departmental budgetary needs, and forwarded recommendations to the City Manager; and WHEREAS, the City Manager has recommended approval of the mid -year budget changes as summarized in the attached Exhibit "A". NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves and adopts the FY 2008-2009 mid -year budget changes, attached hereto as Exhibit PASSED and ADOPTED this 3rd day of March, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Exhibit -A MID -YEAR BUDGET CHANGES FY 2008-2009 Account Amount Description REVENUE 511- Tax Increment 511-00000-3999 Total Tax Increment EXPENDITURES 261 - Debt Service Fund 261-445-000-210-0000 261-445-000-210-0006 261-445-000-210-0007 261-445-000-210-0004 261-445-000-210-0003 261-445-000-210-0005 261-445-000-210-0008 261-445-000-210-0009 261-445-000-470-0003 261-445-000-480-0003 261-409-000-099-0000 (2,000,000) Decrease operating transfer from Debt service fund (2,000,000) 1,665 113,340 69,350 18,697 8,333 825,981 16,378 49,832 317,700 178,615 (2,000,000) Total Debt Service Fund (1,503,685) 511- Tax Increment 51 1-445-466-* * 220,420 Total Tax Increment 220,420 522 - Low & Moderate 20% (lousing Set Aside 522-409-500-598-3933 497,534 522-445-465-* (375,000) 522-445-466-* (375,000) Total Low & Moderate 20% (252,466) Lower Sweetwater Fire Gen Elem National Sweetwater Union High School SWC College County Office of Educaiton City of National City CWA City of National City MWD DIS Remainder of SDCWA 18% of principal payment for 2005-A TAB 18% of interest payment for 2005-A TAB Decrease transfer to Capital Project Fund Healthy Homes Program Match Casa Familiar Lead Control Program Healthy Homes Program 1 of 1 Exhibit -A MID -YEAR BUDGET CHANGES FY' 2008-2009 Account REVENUE 001-General Fund 001-00000-3000 001-00000-3002 001-00000-3010 001-00000-301 1 001-00000-3012 001-00000-3015 001-00000-3016 001-00000-3020 001-00000-3033 001-00000-3300 Total General Fund Other Funds Amount Description (160,000) Property Tax- Currrent year secured (140,000) Property Tax- Supplemental roll (2,109,865) Sales Tax (533,431) Property Tax in -lieu of Sales Tax 190,769 Property tax in -lieu of VLF 187,000 District Tax - Prop D 778,398 Property Tax -AB1290 (105,000) Transient Lodging Tax 40,000 Refuse Franchise (80,000) Investment Earnings (1,932,129) 350 - SAFETEA-LU (;rant 350-00000-3498 (2,390,000) Grant not approved Total SAFETEA-LU Grant (2,390,000) 627 - Liability Claims Fund 627-00000-3636 100,000 Insurance recovery from prior year claims Total Liability Claims Fund 100,000 EXPENDITURES 001-General Fund Non -Departmental 001-409-000-099-0000 001-409-000-650-9016 Police 14,000 Increase transfer to Nutrition Center 120.000 Boys & Girls Club 134.000 001-411-000-318-0002 19,000 Police vests 19,000 Fire 001-412-125-120-0000 001-412-125-205-0000 001-412-I25-226-0000 001-412-125-318-0000 159,940 FFA Holiday pay not included in original budget 48,280 Wellness Fitness Program 12,000 Training for 4 Firefighters 17,000 Wearing apparel for 4 Firefighters 237,220 1 of 2 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE March 3, 2009 AGENDA ITEM NO. 18 (EM TITLE Time Extension Request — Planned Development Permit for a Three -Story Office Building Including Retail Space and Structured Parking on an Approximately 1-Acre Vacant Lot on the North Side of East 8`h Street, West of V Avenue (Applicant: Kamel Zayet) (Case File 2009-01 TE) PREPARED BY Martin'Reeder, 336-4310 DEPARTMENT Planning EXPLANATION The project site is an approximately one acre parcel on the north side of E. 8`h Street, just west of V Avenue. The approved project (2007-08 PD), is for a mixed -use retail and office building intended to provide medical office space to serve the surrounding area and space for a retail use such as a pharmacy. 217 parking spaces are proposed in a basement level and on the ground level of the building, with the upper two floors dedicated for office suites situated around an internal courtyard that is open to the roof. The front of the building would be terraced, stepping back on both the second and third floors, providing balconies and landscaping for tenants. There would also be a terraced area in the middle of the structure, with balconies and landscaping on each of the upper two floors. Landscaping is proposed around the perimeter of the building and within the internal courtyard. Access to the parking garage would be from driveways off of 8`h and 7th Streets. City Council approved the Planned Development Permit in January 2008, approved a Negative Declaration and authorized the filing of a Notice of Determination. The permit is due to expire; therefore, the property owners are requesting a one year extension. The Land Use Code allows for extensions to Planned Development Permits for no more than one year at a time. / Environmental Review X N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff recommends that the expiration date for 2007-08 PD be extended by one year to January 22, 2010. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. `.fto'' 1. City Council Resolution No. 2008-7 3. Applicant's letter of request 2. Location Map 4. Project Plans A-200 (9/99) RESOLUTION NO. 2008 — 07 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A PLANNED DEVELOPMENT PERMIT AND A NEGATIVE DECLARATION, AND AUTHORIZING THE FILING OF A NOTICE OF DETERMINATION FOR A THREE-STORY OFFICE BUILDING INCLUDING RETAIL SPACE AND STRUCTURED PARKING ON AN APPROXIMATELY 1-ACRE VACANT LOT ON THE NORTH SIDE OF EAST 81" STREET, WEST OF V AVENUE APPLICANT: KAMEL ZAYET CASE FILE NO. 2007-08 PD, IS WHEREAS, application was rpade for approval of a Planned Development Permit for a medical office building on an approximately one -acre vacant site on the north side of East 8"' Street, west V Avenue (APN: 557-140-25); and WHEREAS, the Planning Commission at a duly advertised public hearing held on December 3, 2007, at which time oral and documentary evidence was presented, in a vote of 5- 0 denied said Planned Development Perrnit to construct a medical office building, Case File 2007-08-PD, IS; and, WHEREAS, the appeal to the City Council of the Planning Commission denial of a Planned Development Permit for a medical office building on an approximately one -acre vacant site on the north side of East 8th Street, west Harbison Avenue was considered by the City Council at a duly advertised public hearing held on January 8, 2008, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council considered the staff report contained in Case File No. 2007-08 PD, which is maintained by the City and incorporated herein by reference, along with Planning Commission Resolution No. 68-2007; and WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the testimony and evidence presented at the public hearing supports the following findings for approval of the Planned Development Permit: RECOMMENDED FINDINGS FOR APPROVAL OF THE PLANNED DEVELOPMENT PERMIT That the site for the proposed use is adequate in size and shape, since the one -acre property can accommodate the development of an approximately 142,000 square feet office building while meeting Land Use Code design regulations, and also provide the necessary parking and landscaping per Land Use Code requirements. 1 Resolution No. 2008 — 07 January 22, 2008 Page 2 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since a Traffic Study prepared for the project indicated that nearby local residential streets within the study area including East 89' Street all have sufficient capacity to handle the additional trips caused by the project without suffering a significant decrease in their operating levels of service and the improvements to East 86' Street will be installed to extend the left turn lane as recommended by the traffic report. That the proposed use will not have an adverse effect upon adjacent or abutting properties since the project design complies with the design regulations of the Private Institutional (IP) Zone, and since the project includes additional conditions (i.e. landscaping, screening of mechanical equipment) designed to soften impacts on the established residential neighborhood to the west from the project site. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it results in the creation of additional office and retail space for the community which will complement the nearby hospital. It will also utilize a vacant parcel, and provide a structure with high quality design. RECOMMENDED FINDINGS FOR APPROVAL OF NEGATIVE DECLARATION That the Negative Declaration (2007-08 IS) has been read and considered together with any comments received during the public review process; and 2. That based on the whole record including the Initial Study, there is no substantial evidence that the project will have a significant effect on the environment and that the Negative Declaration reflects the City's independent judgment and analysis. BE IT FURTHER RESOLVED that the City Council has considered the proposed Negative Declaration (2007-08 IS) together with any comments received during the public review process, and finds on the basis of the whole record (including the Initial Study and any comments received) that there is no substantial evidence that the project will have a significant effect on the environment, and that the proposed Negative Declaration reflects the City's independent judgment and analysis, and hereby approves the Negative Declaration and authorizes the filing of a Notice of Determination. NOW, THEREFORE, the City Council adopts Planned Development Permit 2007- 08 PD, IS subject to the following conditions: This Planned Development Permit (2007-08 PD) authorizes the development of an approximately 142,000 square -foot office building, including two floors of parking, two floors of office space, and a retail suite. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A revised, case file no. 2007-08 PD, dated November 4, 2007. 2 Resolution No. 2008 — 07 January 22, 2008 Page 3 A detailed landscape and automatic underground irrigation plan, including plant types, methods of planting, etc., shall be submitted for review and approval by the Planning Director prior to the issuance of any building permits. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices, landscape screening consisting of 5-15 gallon shrubs and trees along the west property line adjacent to homes to soften the visual impact and reduce glare on adjacent properties, street trees a minimum of 15 gallon in size for every 40 feet of street frontage, and shrubs and groundcover between the curb and sidewalk. The existing 10-foot wide Sweetwater Authority easement across the western edge of the property must be quitclaimed by the owner, at their expense, and proof submitted to the National City Planning Department prior to issuance of any grading or building permits. A ten -foot horizontal separation between sewer and water laterals is required. All rooftop mechanical equipment shall be screened from the sides and the top in accordance with City standards and shall be indicated on the building plans, to the satisfaction of the Planning Director. The trash enclosure within the garage shall be provided in accordance with City standards. It shall be constructed of decorative block and solid gate to match the building design and to the satisfaction of the Planning Director. The design of the trash enclosure shall be shown on the Landscape Plans. All building permit plans must comply with the 2006 IBC as adopted by the 2007 CBC. Television cable companies shall he notified a minimum of 48 hours prior to filling of cable trenches. Within 45 days of project approval, a revised parking layout and traffic report shall be submitted for review and approval to the satisfaction of the City Traffic Engineer. 10. All recommendations of the Traffic Impact Study prepared by Federhart and Associates and dated September 21, 2007, for the project, including extension of East 89' Street left turn lane westerly to include the projects off-street parking driveway and extension of red curbs along East 8"' Street, shall be completed prior to occupancy and to the satisfaction of the City Engineer. 11. A revised parking garage plan and traffic study shall be submitted for review and approval by the City Traffic Engineer within 45 days of project approval to address the Department's final comments. 12. A Hydrology study (100 year flood) is required for the new project. The study should consider the proposed project area to the closest municipal storm drain collection point. The study should consider the adequacy of the existing storm drain system to convey any additional run off. All Hydrology study findings and recommendations are part of Engineering Department's requirements. 3 Resolution No. 2008 — 07 January 22, 2008 Page 4 13. The Priority Project Applicability checklist for the Standard Urban Storm -water Mitigation Plan (SUSMP) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP) an approved SUSMP will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. 14. The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. 15. A grading and drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall be signed and recorded. A checklist for preparation of the grading plan/drainage plan is available at the Engineering Department. 16. A sewer perrnit will be required. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of-way shall be 6 inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 17. A soils engineering report shall be submitted for the Engineering Department's review, after Planning Commission approval. The report shall address the stability of all of the existing and proposed slopes on the property. It shall also address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure and the required pavement structural sections for the proposed streets, the parking areas, and the driveways. As a minimum, the parking lot pavement sections shall be 2-inch A.C. over 4-inch Class II aggregate base. The street pavement sections shall be in accordance with National City modified Standard Drawing G-34. All soils report findings and recommendations shall be part of the Engineering Department requirements. 18. The deteriorated portions of the existing street improvements (10' of sidewalk) along the property frontages shall be removed and replaced. 4 Resolution No. 2008 — 07 January 22, 2008 Page 5 19. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. 20. A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment according to actual worked hours and consultant services. 21. Exterior walls of buildings to a height of not Tess than 6-feet shall be treated with a graffiti resistant coating subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 22. The project is to be designed, developed, and constructed in compliance with the California Fire Code (CFC) 2001 edition or CFC in effect at time of permit issuance and the most current National Fire Protection Association (NFPA) Standards as adopted by the City of National City. 23. Fire Protection plans are to be submitted directly to the Fire Department for permitting and review. A standpipe system will be required in conjunction with the fire sprinkler system, to the satisfaction of the Fire Department. 24. Before this Planned Development Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Planned Development Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder_ The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Planned Development Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 25. Approval of the Planned Development Permit expires one (1) years after adoption of the resolution of approval at 5:30 p.rn. unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by National City 'Municipal Code Section 17.04.070. 26. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing tees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. At this time, the filing fee is $50 for a Notice of Exemption or Notice of Determination, $1,876.75 for a Negative Declaration or Mitigated Negative Declaration, and $2,606.75 for an Environmental Impact Report. 5 Resolution No. 2008 - 07 January 22, 2008 Page 6 BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant. BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. ATTEST: PASSED and ADOPTED this 22nd day of January, 2008. Mich el R. Dalla, Oity Clerk APPROVED AS TO FORM: l,-gad: George H. Eiser, III City Attorney Ron Morriss ayor 6 Passed and adopted by the Council of the City of National City, California, on January 22, 2008 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Parra, Ungab, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2008-7 of the City of National City, California, passed and adopted by the Council of said City on January 22, 2008. By: ,."or:a /i i°1/‘- City CI rk of the City of N tional City. California Deputy 7 100 0 100 200 300 Feet PROPOSED PROJECT AREA AN LOCATION MAP Planned Development Permit for a New Medical Office Building on a Vacant Lot on E. 8th Street, West of V Avenue 2007-08 PD NATIONAL Cm, PLANNING DRN. DATE: 6/18/07 INITIAL HEARING: 12/03/07 CASA Engineering, Inc. STRUCTURAL DESIGN AND ANALYSIS 9225 Dowdy Dr. Suite 220 San Diego CA 92126 Te1(858)695-2761, Fax (858)695-3367 Request for extention Date: Jan 2211i, 2009 Hello Angela: I pushing ever one in the engineering department to finish the review for the Water Quality Control Report and to have my permit before the 22 of Jan. other wise I have to file for extension and I will write the check for $4980.00. Thank you for your help and God Bless you. Kamel Thank you, r.. Ph.D./P.E 9 NATIONAL CITY PARADISE MEDICAL BUILDING APN 557-140-25-00 PL,T'JRE RETAIL OR P"4RMACI AREA 2'A0 SUE1 0 (I COP MECICA. 0 S SPACES 110 5)•S0 IP0 'LOOP *90,0*L C.FPICESSP•^ES 29.139 SOFT CIA, USABLE SPACE AREA 60 0 SO AFE..e,r1 so.-' LOB61 f.£NATCR ANC SIAq NA.S•R�'7OT57 •02AL Bb.O Nc •+fA PARTING •NO SOUARE POO'AGE ANAL. 515 RST SOW 50FT RA -IC N2x RECUIRED 25 PARKING SPACES RCM 5000 SO FT T- IC.00C RATIO'.250 REOJIRED 2C PARKING SPACES • poM 10000 SC 01 TO 30,000 RATIO I.]OC REOUIR G A' PAP 0 SPACES •RC•I .70.000 SO R 106C 6)0 5J 1- 9A T•O N15: R£O'JIPEO !PI PAR .0 AL PARKING SPACES RE0_IR£O 200 S1.N00,13] PAR0ISIG SPA' ARKING SPACES HM{0' LCAP PAR•0 65 SPACES- L] NG 5P•CE5 PARKING S0AC0S TOTAs PARKING. SPACES PR2V10EC 21, PARKING SPACES ARwNVANA_T515 LAC. o... -r w.x•n....r, v.. o.-v.ue xnr .W t•A .....�+.M•nRM. w'1•• I•I..n. nw. w.•. FIRE NOTES L ANOSC•PE ANA.OS'S .ANOSCAPE AREA PER 10 50 Pq 5t. P50 SOP" 1ANOS.I.PE AREA PRCI I_E_ 5259 SC f • . et..f '.E P•R.IAG .RfA APPROVED CITY OF NATIONAL CITY PLANNING DEPT. cc R DATE...i�das?` BY.C� ,� C Co P, e5 t n 4i r1 Ii = A 0646.6 �m•�i aRI R••R.ss �y -'6••t�Aal� a ••:6c6. WC 16 rim• • an 11 eM •• iC�u1M•w+Ivl.Br {Cfrrlfi. �wwv[r 0,16 NW - wt n wP�A sUpam•s AG A I�`iR gi b ..~` •ol . MIZIOT •itt ova' ' • ELECTRICAL NOTES • T��xfR amw. ••n .n w CP w f® MECHANICAL NOTES sspppppp .vY [.gym. 6160 A P06 4.01 1 1„0 On ML R. 6 .rr 64. 04. v u o. szA PROJECT TEAM 006.11. PROJECT DATA ORIGINAL. DETAILED SCOPE OF WORK PROPOSED NEN' MEDICAL BUILCING NI, UNOERGR::N0 ANC 9-REE1 PARKING Nlix JTURE P.uRMAC1 NATIONAL CITY' PARADISE VED[CAL BUILDING' APM 657-I40-25-00 ADDITIONAL INFORMATION 600 MOM Nm•• Mar MA pop T^1e 4.m��-25-00 4.6 4: Penn PROJECT COMPLIANCE BUILDING CODE DATA 'vv.( o 6••.1..c012. • s..•Sem •v om.A.n .. • 166e 616 O .60111 prose PAIN•3 MOM moll•••. eme �� MOW 66•1..P••• ®1 .•vn SHEET INOE% f MEns x trS�p4 ABBREVIATIONS om T. imp ISM P_•c ..• )1. n 7.14 66101.010 rr33:m�1 wz 606. ,04 160 i,25A ENGINEERING. "0 "WM NIAOTT1L 9B-14-01 'eB01.o .OBI.f?yq•yf-n �..00••• I +'�slTiT' Tic • - .N Ma Dta Tvw F:n MOO TITLE SHEET 07-08-0'i M.TS. •f. rr l l ( (• IC 1— uJ Lu F-- co u_i Es EXISTING SINGLE-FAMILY RESIDENTIAL AREA -4-- - - A1=- - —4 - - —4 RAD RLF1 TERRACE NRD LI.. TERRACE PROPOSED MEDICAL BUILDING EXISTING CHURCH L .04 :.? Lu LU 9 SITE PLAN SCALE: 1"=20'-0' SITE PLAN GENERAL NOrES :'::„!..7:1=41;7,71" 7C:.:•=1:,4t • • ;;;;;.:TraInt•L-.7.-- TEXTURE LEGEND NATIONAL CITY PARADISE REDICAL BUILDING APN b67 -140-Lt -00 CAS. ENDINEERING. LAC1C., NOT 00•1010.1. 04-14-00 anon ammuien.. -ot S'ORM WATER QUALITY NOTES CONSTRUCT,ON BLIPS T.4 •0..),CF, 5•10H1 1 O.. j •11.5. Ift P(1,00 WA', .,S•gf ,C •90,0EC CC...e," ss.1, al C Wm Pcr •••••f ,` Or CC.C.11 4.1.1c.lOrC (Mkt PPO,FC,S,,....0,51•.[. • EPOS.,:91.0.••• :7L • US •v•ALL Of •7 AL, Alef , IDS,RINVOI 7,5,1;C• , •,•4, ut,"7 OL 1,9C311,CTE,•CANS• 9:15.0•••41, 0C.• C0,3,,CTIDN SITE PLAN 0,-02-0,i 1 .L0 -0 your 1 OR. Or ,/ , I 41%0,4 FIN 4-‘ T • 1 I E. 7TH. STREET." t .9.--i- ' i< ! .'' m ; C • ..."2-1,/ ..,,,--:-. ' ,....-"2'...'' . [ M ":;,.1q.,„41 ..... tv fiiii.;::%•;/.„S..'' ,..."7: 1 AT:,........-;....,..-. ,...''.- --- ..,'"' • 1 4 --:-_-___ • 1 -----.,...-----' 1 11 1 8 T H. x s se'. vs STREET r• m 3 , 2 , A B 1R JR. 2R' F G ' H • JR — - - - - •-! - A CONRAC VAC( 1 _ _ _ _ _ _ _ _ _ • —•—••••—• • 11VANDARD PARR NC VAC, • 2: STANDARC: ARA — • COLA", • APAR IS CAR 4.4.p.,•</we / r•N•Putri,v9,..11t- • ' :.:1601MBE Ix come, RAitts, •.S. i 1 H R • i - 1 . 1 . 1 . 1 i I L-47. 9 2•;'ClAN.201 T.Ailt•Ar PARKING SPACES PROVIDED ON THIS UM. STANDARD: 04 COACT: 30 KD1CAP, NATIONAL CITY PARADISE MEDICAL BUILDING CASA ENGINEERiNG ,n< SAN C ROC CA 92.2. •E: SAR.TTT. AU1307711. ;Cs- II-07 JOCCOID 901101T41. I — CO - 01 UNDER GROUND BASEMENT 07-02-07 - ••• 10.••01 1•••••• • 2 —1 er - - H • A 10'4, JR' JR 111' 245. ;pe P INC, J .. , .— ,.,.s• A .c.t, SPACES L.. tik • , Cr Pt,Cr I • F 5.5,N0A.Z1.) VC WACr< i • G 22 5.,.( rS —r z ,PAJUIDIC SPACED PROVIDED ON 110 1Z.t 1 Al. ..1 NATIONAL CITY PARADISE MEDICAL BUILDING CASA ENGINEERING. 1, du. pt. 6,26 'EL 451, rk.‘ .15C 11.0633.1, StrUITIAL r:0-14—Cr, MINORU 07-01-07 ' STREET LEVEL I FIRST FLOOR rf —02-07' g712••1—0' ••••••• reiim 11.0111. •••••• A - A B Iffillimimmill muumuu C E F ' G H ' NATIONAL CITY PARADISE MEDICAL BUILDING APN As 7.'40.25-CO CASA ENCNEERNG. 1.225 00,0,51.C.Ifvf St, A•4 CiEGO CA 02128 'El • Ng MS.,. rkx AMA.' eirrr smarm al-14 -Or 'moan amoral -Of SECOND FLOOR 01-02- 0713772..1 -0. or moo. A - 3 A 3 '• 2 • C • D 00 OPEN G 78' )8 24S"-qe 00 5.0 —t-- 113,254 S.F. 18 1 -S ft7--Sa2-4- 11,844 S.F A 3,005 S.F. •••- c • z 20' t• , 1 „ -'-'• i 1 -- 1 t•N • I, 1 1 1 1 NATIONAL CITY PARADISE MEDICAL BUILDING •PY 5S'•• W:454: CASA ENGINEERING. In< ei7s=-ToriNratlfiila I 54.0.44C C• 11},26 Mr MODEM 01-14-07 =CCM swarm iv -at -of Roe nw THIRD FLOOR 07-02-07 ,1•••• wad. A 4 5 ?-- 4 — / \ 2 C Th--- I 0- D E • F. G 2A 28 DR" 2A13 H NATIONAL CITY PARADISE MEDICAL BUILDING ek.5 557.140.25,40 :ASA ENGINEERING. I, Oln 50,LICv CLANS SLATE 12C OSSO CA 0212. •FL stbra, PASSYL 106-s•-ter 3011ert.N." fon nw ROOF 07-02-07 sr* QM:op d'iagg2 latob 4igEt3 ROOF SECTION .EGENC PARAPET WAt, •-20 .1,„LATicorl .SPENDED .CE 1' ,Eo 0. ,•IDSCAPC THIRD LEVEL SECOND LEVEL £0: MAIN LEVEL SCALE : 3/32 = BASEMENT 17-1 1 7-1 17-1 ROOF NATIONAL CITY PARADISE 'IlvIEDICAL BUILDING AON 55740.25.00 C.SA ENGiNEERING. • : SAN J.E. CA 91,20 , ass Ors136' !mar stracrrut. 109-14-07 Ir, SCIltaTILL. 07 -03 -47, 7- — • *** s 4. • • • • ! • • • ; THIRD LEVEL SECOND LEVEL cifguati:65063 MAIN LEVEL SECTIONS 0•• 07 — 02 —07 22.2 ••••• .21 ••••22 A-8 l gANT SO NAT TO. Cr ROOT BAU. 1S CAN AIN NC II-' r fm CRAOC • .SA; 1T . . 0- 1. 1 14 .a. aim K cr'11a.=1. ,••ua `'Y \'._A1, /R . 0000 MOB[ 7�1 , .. • I•-0' Yv0• N MAMA • —• PINE S1MES DAWN TO Rp*SAL .TO *0N NPBE0 SOMA taw STAKE ABOVE ORST BRAN NECESSAR♦ 10R SUPPORT Imo, SALON SIEO3TD 0..1.lKG ui MICR R TU. •D RD10.E uR IOOIETS 2 x BAIL GA. 0 TREE PLANTING - DECIDUOUS MULCH 0 FORM SAUCER vlrM 3'—� CpnrINUOUS RIM SPECIr:ED PLANTING mix vTER t TAMP TO REMOVE s;R POCKETS i x PAL. JIA vS•KRUB PLANTING CONCEPTUAL LANDSCAPE PLAN GENERAL NOTES ALL VIP, S ALL BE 1ER10RCD 11 PERSONS rMRIM VITM THIS K:MD Or v1AK MD LNCCR TIE SLVERv:SIO. OF • PJOIV:CO "mom PV1MT LOCATI0.5 CM PLM ARE DIAUMMmy' AAT:C •N0 wBE Su1.ECr TO ADJUSTMENT F IN TIE IELD Iv LAMDSCME CENT0ACTOR PLANT TREES AND DONJIS uPR:GMT AMD FACE TO GIvE TrE BEST APPEARANCE CP RdATI01D*IP .0 AOJACEMT S'RUCTOCS. IACKFILL SOO. M:xr*1 TO IC • GAMY TOPSOIL INCLUDING S•N11 GDR, ANC N:GTR• DRGMIC GLM0OST. USE CEOM GRCVC 2-v TO1S0IL 11-ANT iTEC3 MD STAKE AS SMIVM M DETAIL RARE SOIL We/ACC SNOOD. n.5 FREE 000. ALL ROCKS. SOIL LI .IS. STICKS. AMP O1TQR DELETERLDJS MATERpLS AFTER PLANTING. COvCR ALL AREAS v:•N •NEC ,3, INPCS Cr r10C IAMx KJ.CK GINRMTCI ALL RLMT MATERIAL C01 A PCRIDO Or OTC 1CM AFTER ACCEATAIRE IT CVTCR. PUNTING NOTES, I. m . 101100 111 M0PM IY 11RgULT 1111ON IT CM 01RRR NUL Imoi 4101.TIUL n 10 00 10110 IA 10/DA3V11L 1Rui07 020 . i I0=100 111E 00CI100 Or 14O100. 01R m /iT 11NL11 TO MT MICR/ RM 6II10•11. PRIM TO 0110 f.k t tN 0111010A1 M ilropiM e q 1110116 LLL 1402 P011 MOO 10 W110S1 WMOU1 01TWA11R. t ML 140101I1 M0 110411.0 101WYS0 NAIL t01O0R1 A10 M. COOLT MI tO OT OI M WON Wp411 1t000Ri0t1. • al LAYOtliA 10 0 01IY/4 00 TO O01.YYRT p R NM 11 70®10 OW -0- Y01 104T wart. YL WOI1r�R 011. 0 0011 PTO ML 09 1*01T. I. ill 11W1m 10 T21 f 01 Y1OJI1 fYL 71 POOP 4� 15703N W70 0 21 13' or 111 RR b 300 O01WL f. LVR1IAi A Lan TRAM PAR YN 11010 5 •:1 WR1rYi anal Pe US Lan TRAP OJ 1,R W. 111t u10A1 70 R •AFTJ•O 1! 1O TILT !A R 1O WOf7YI •LT110T 10.10 •1T 111ROU. ilJ. RAR u101L R1I MI R 1111141i 1• Ium0 7 11 I Alm RARO17 o O1 C1 0 D1�21i Nut ■ C. 1i1 1i ooncT m IT 1F 11011111 40 110 O11•L1. I. 01R MOM TO 0r MACT 10 b AL I •1a1T Tar . A ■ Iu•1N MOM TO cORT11R 1a1 UTTLL R tO fA1iCA/1 •LSOTRT rm N GRAM 1 A TO ri*T Mt10. AL. 111R 00i AIIIT0 elt0 WOrY{ 1100tLT AA'0 ILMO00 OOLTOI N te0614101 A RAMI T 10 utiDOM1 C110 AT IO 1R011}TO xc LOM1LRR 710E ITT PM to AA •O01L,T0 rM QM :AO 1C1 a /01Qf T P II LLL mom 0 1i OMIII PM TIR4 M Am RAPT R1f •LL 1 pA 10 10 AN NM C 0WO N1 R1i 3/4' 0 . OOW COIOI RRI. /0 ,00 a CI1p- (II o. -V•' IOIIOIIIr MTIO - : r OONL 00• t00 - I AAL IS 1I 1101 N 0IM100. 1ti1TM MM. O 11 0 71LT 375 0 o •{1. IUR10 1W SWIM RPM WNW IO no or 194. /O 1I. 101 A RAR011. LTA 6401 1i1 IC A 0 IOt > O Ra 10 110 Dom. YO 110 11R C'1M 1.1. AMM T AMA. I111 A II 0•110 IA Yon O1uYWI 1.1MAL A10 MM. AO �OM� Cat Mt R 1d OAAP 1I U10 TUl 0 10 ami110 30 NAIL itITT000 IT PM 10/TO 0L10 U. 1 O.ORST0 a 1.1 man COM! 0 CRT OF W Aunm LAMEYI uR0•L IRMO R•t 5010 401 TO MIGROG MARIOG DIIROANB COM tip /TOPS 1Y I. LOD SMUT LANDSCAPE LEGEND f1MO tl•4( Ou[• ` > 1l/w1 O N01 M.rn«! O 7AMT1000 v211040L.1 NATIONAL CITY1 PARADISE KEDICAL BUILDING API 087-140-25-00 1ASA ENGINEERING. 1r 17, Mr • \r . !MST 510771E b -144 1 N M 91/1 301c1-R 1nn'1r 1 CONCEPTUAL LANDSCAPE PLAN 07-02-07 1r20'-0 Mo. Ar 'e• o3ne a 2.r21i a„a 71 4 FDR::cN C CAS, Of 5G AC LCT 1. SEC ,1C •` a• (GROSS A A3•oeo ' 0 4 9,5 50'9Z SO 8 I:I:�i �' A I43,0 58 SO w� \ 99 AC • 0 rim r➢•Q A bY. 41.600 l 16500' no ea S:• e•xR9aarta 1 7TH STREET i R. I. SDEIVALR '— — — 0. OW 9o35 'SC.AETRTC FOP DREN90NS AI-A5 (REST BOUNDARY) SECTION A • A S0METRIC FCR 00EN90N 80-0A (EAST BOUNDARY) SECTION B • B 6C' NT TOPOGRAPHIC MAP 8TH AND "V" AVE. NATIONAL CITY, CA. APN 557-140-25 NOTES: - CCNTOuR INTERVAL • 0.50 FEET BENCHMARK BENCH MARK Of CI'v '3F SAN DIEGO •SEEP• LOCATED CN SCu RIEAST CORNER C<'NTPYCDON Cr PALA AYE. ANC 0PI ST.. NATIONAL OT" EL.5597 AREAS GROSS AREA . 49.9A' S. F0.15 AC MT AREA . 49.2e3 SC I-11 13 AC LEGEND — = --- EKIS,ING w0CD PENCE — Y -- n — EXISTING CNA R JNK PENCE 6• SO PILAS•ER ANC *600 NT RCN - . 2' 0ANSOtY WALL -- ;w — 3 P104ET FENCE — Se — !' *000 PENCE r o.NA 0030nC TREE EwS0NG GRO,ND COI,NTOUR • 0.50 —'•' E8S0NG GROUND CO:NTO(1R • 2.50 SEWER NANNCL[ w M.T3 Ew ST'.NG uANNO[ •PP UTIU, POLL SURVEYOR'S STATEMENT SECTION C • C SECTION D • D M15 MAP CO6REC1LY REPRESENTS A SURVEY MADE BY ME OP UNDER MY OIRCC0CPI IN CONFD4WANCE MiN NE REOUIRE*GTS 'JF TNr LAND SURVEYORS ACT At 'NE REPAST Of LARRY PAPPAS. RUDY P PACHECO. LS S717 MY REOS1RA10N EXPIRES 9/30/200' ACCULINE SURVEY. INC. RR OWE AK. PAR •G (e9e1 YFWe 44le9e1 43-e03.1 OAR O• NOT ,0n4nr RA AP Pm., o cow..I V.ryT ,(:• .road.., CITY(), NATIONAL CITY ENICINLEKI+I(i U L'Ijl(1N x. I GP-2220 l l CITY OF NATIONAL CITY, CALIFORNIA CITY COUNCIL AGENDA STATEMENT MEETING DATE March 3, 2009 AGENDA ITEM NO. 19 ITEM TITLE General Plan Annual Progress Report for 2008. PREPARED BY DEPARTMENT Raymond Pe, Principal Planner 336-4421 EXPLANATION Planning & Building State law (Government Code Section 65400) requires the City to submit an annual progress report on the implementation of the General Plan. The report explains how land use decisions and other actions taken during the reporting year relate to policies in the General Plan. The report is submitted to the Governor's Office of Planning and Research (OPR) and the Department of Housing and Community Development (HCD). Providing the report to HCD fulfills housing law requirements to report certain information, including the progress in meeting the City's share of the regional housing need. Furthermore, submitting the report to the state ensures that the City remains eligible for grants and other funding sources that are tied to the filing of the report. The report is also submitted to SANDAG to qualify for certain funds administered by that agency. Part I of the report addresses the housing element in a table format provided by HCD. Part II addresses the other General Plan elements in a format based on OPR guidance; this part of the report lists major planning activities, developments, and other actions in the previous calendar year and the General Plan policies implemented. ENVIRONMENTAL REVIEW Exempt. FINANCIAL STATEMENT Not applicable. Account No. STAFF RECOMMENDATION Accept and file the report. )n6P BOARD / COMMISSION RECOMMENDATION Not applicable. ATTACHMENTS Resolution No. 1. Annual Progress Report A-200 (9/80) NATIONAL CITY GENERAL PLAN ANNUAL PROGRESS REPORT 2008 PRESENTED TO CITY COUNCIL MARCH 3, 2009 INTRODUCTION Govemment Code Section 65400 mandates that general law cities and all counties submit an annual progress report on the implementation of their general plans to the local legislative body. The report explains how major land use decisions and other actions relate to the goals, policies, and implementation measures of the general plan. Once the City Council has accepted the report, a copy must be submitted to the Governor's Office of Planning and Research (OPR), and the Department of Housing and Community Development (HCD) by April 1 of each year. Providing the report to HCD fulfills state housing law requirements to report certain housing information, including the progress in meeting the City's share of the regional housing need. Furthermore, submitting an annual report to the state ensures that the City remains eligible to apply for and receive certain grants and other funding sources that are tied to the filing of the report. The report is also submitted to SANDAG to qualify for certain funds administered by that agency. The report consists of two parts. Part I addresses the housing element in a table format provided by HCD. Part II addresses the other General Plan elements in a format based on OPR guidance; this part of the report lists major planning activities, developments, and other actions and the General Plan policies implemented. 2 GENERAL PLAN ANNUAL PROGRESS REPORT PART I CONTENTS Table A: Annual Building Activity Report Very Low-, Low-, and Moderate -Income Units Table A2: Annual Building Activity Report Above Moderate -Income Units Table B: Table C: Regional Housing Needs Allocation Progress Housing Element Program Implementation Status 4 Jurisdiction Reporting Period City of National City ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation (CCR Title 25 §6202 ) 1-Jan-08 - 31-Dec-08 Table A Annual Building Activity Report Very Low-, Low-, and Moderate -Income Units and Mixed -Income Multifamily Projects Housing Development Information Housing with Financial Assistance and/or Deed Restrictions Housing without Financial Assistance or Deed Restrictions 1 2 3 4 5 6 7 8 v1 Project Identifier Tenure (may be APN No., Unit project name or • Category R=Renter address) ! 0=Owner AffordabilitybyHousehold Incomes Total Units per Project Assistance Deed Programs Restricted for Each Units Development Note below the number of units determined to be affordable without financial or deed restrictions and attach an explanation how the jurisdiction determined the units were affordable. Refer to instructions Above Very Low- Low- Moderate- Income Income ; Income Moderate- Income See Instructions, See Instructions Pacific View Estates SF 0 5 5 HOME (9) Total of Above Moderate from Table A2 ► ► ► ► ► ► 227 227 (10) Total by income units (Field 5) Table A ► ► ► 5 i 0 232 Jurisdiction Reporting Period ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation (CCR Title 25 §6202 ) City of National City 1-Jan-08 - 31-Dec-08 Table A2 Annual building Activity Report Summary for Above Moderate -Income Units (not including those units reported on Table A) Single Family 2 - 4 Units 5+ Units Second Unit Mobile Homes Total No. of Units Permitted for Above Moderate 17 7 203 0 0 227 l C Jurisdiction Reporting Period f ANNUAL ELEMENT PROGRESS REPORT Housing Element Implementation (CCR Title 25 §6202 ) City of National City 1-Jan-08 - 31-Dec-08 Table B Regional Housing Needs Allocation Progress Permitted Units Issued by Affordability f Enter Calendar Year starting with the first year of the RHNA allocation period. See Example. 2005 2006 2007 2008 Total Units to Date (all years) Total Remaining RHNA by Income Level Income Level RHNA Allocation by Income Level Year 1 Year 2 Year 3 i 1 Year Year 1 Year Year Year Year 4 5 6 7 8 9 Very Low Deed Restricted 18 0 60 0 i 0 60 -42 Non -deed restricted - 0 0 0 0 Low Deed Restricted 39 0 20 0 0 20 19 Non -deed restricted 0 0 0 5 5 Moderate Deed Restricted —Non-deed .. restricted 60 0 0 0 i 0 - 60 0 0 170 0 170 Above Moderate 202 156 47 I 73 227 503 -301 Total RHNA by COG. Enter allocation number: 319 156 127 243 232 758 -264 Total Units I. ► ► Remaining Need for RHNA Period I. ► ► I. ► 'Reporting period reflects corrections to previous years: 2005, 2006, and 2007. ANNUAL HOUSING ELEMENT PROGRESS REPORT Housing Element Implementation (CCR Title 25 §6202 ) Jurisdiction City of National City Reporting Period January 1, 2008 — December 31, 2008 Table C 2008 Housing Element Program Implementation Status Program J Objective Schedule Status 1. Rental Unit Rehabilitation Program Provide assistance to rehabilitate 50 rental units over the five-year period Ongoing The City funded loans to Casa Familiar to acquire and rehabilitate 18 rental units. 2. Ownership Housing Rehabilitation Non -Repayable Lead Based Paint Grants inspect 600 homes Paint Programs (all): 200 homes Complete by end of planning cycle The City inspected 446 units during the life of the Lead Abatement Grant. The paint program was not funded due to other funding priorities. 3. co Code Enforcement The City will abate approximately 1,300 cases during this planning cycle Ongoing Code Enforcement had approximately 1,360 cases/inspections. Approximately 620 were abated in 2008. 4. Housing Inspection Program Inspect approximately 4,000 units, achieving closure in 90 percent of cases Annually scheduled The City inspected 498 units in 2008. 5. Christmas in July Community Volunteer Program Support rehabilitation/repair of 75 houses or 15 houses annually Annually i Christmas in July rehabilitated/repaired 12 housing units in 2008. 6. Apartment Management Pursue 100 percent enforcement requiring on -site management in complexes of nine or more units Ongoing Housing Assistance This requirement is addressed as projects are inspected through various programs such as Healthy Homes and other housing and code enforcement efforts. 7. Lead Hazard Control Program .410 units Ongoing A total of 126 units were mitigated during the lifetime of the grant. The grant was closed out as of March 31, 2008. 8. Tool Loan Program Lend tools as needed, based on demand Ongoing Christmas in July has been unable to implement the program to date. 9. Healthy Homes Demonstration Program Inspect 480 homes, repair/rehab 165 homes Ongoing A total of 179 units were inspected and 20 repaired in 2008. Part I — Table C Page 1 of 6 T C (Continued) Program Objective Schedule Status 10. MAAC/SDGE Weatherproofing Program Assist 35 households in weatherproofing their homes Ongoing Approximately 60 units were weatherproofed in 2008. 11. Preserve Affordable Units at Risk of Converting to Market Rate 'D Conserve the affordability of 614 rental housing units at risk of converting to market rate housing by: Monitoring the status of Granger Apartments, Inter City Manor, and Plaza Manor; Identifying nonprofit organizations as potential purchasers/managers of at -risk housing units; Exploring funding sources available to preserve the affordability of at risk projects, or to construct replacement units; and/or Assisting tenants to apply for priority status on the Section 8 voucher/certificate programs should a conversion takes place Section 8 contracts are subject to annual or short-term renewals. The Community Development Commission will annually review the status of the Section 8 contracts The City continued to monitor affordable units at risk of converting to market rate. The City is continuing discussions with National City Apartments to preserve units at risk. 12. Housing Choice Voucher (Section 8) Rental Assistance Program Continue to provide 300 units of Section 8 project -based affordable housing at Morgan -Kimball Towers, maintain the level of tenant -based Section 8 assistance and continue tenant -based assistance to approximately 1,044 households Ongoing The City continued to provide Section 8 rental assistance, at the same levels, throughout 2008. 13. Reasonable Accommodations for Persons with Disabilities Adopt procedure within one year of certification of Housing Element Ongoing The City expects to adopt procedures during the housing element planning cycle. 14. Flexible Development Standards in Selected Neighborhoods Allow flexibility in certain neighborhoods to facilitate the development of quality housing and improve the character of the neighborhoods Complete the study with recommended regulatory incentives by June 2008 and revise the Land Use Code by December 2008 The City initiated the environmental review process for the Westside Specific Plan, which is expected to be adopted in 2009. 15. Relocation of Displaced Tenants Give high priority in assisting tenant households that are displaced from their homes due to code enforcement issues Ongoing The City continued to give high priority to relocate tenants displaced due to code enforcement issues. Part I — Table C Page 2 of 6 Table C (Continued) Program Objective Schedule i Status 16. Housing Stock Condition Estimate the number of dwelling units in need of repair or replacement to focus housing rehabilitation and replacement efforts toward those areas in highest need Initial survey completed within 12 months; ongoing update The City expects to conduct a survey during the planning cycle as resources allow. 17. Clean-up Events 20 events Four events annually Seven clean up events have taken place. 18. Implement Specific Plans Fulfill RHNA goals for National City by implementing the Downtown and Westside (Old Town) Specific Plans to accommodate the production of affordable housing Ongoing until build out of the specific plan area Within the Downtown Specific Plan, construction started on 61 condominium units, 75 condominiums units were near completion, and 170 hotel suites were converted to condominium units. The environmental review process was initiated for the Westside Specific Plan, which is expected to be adopted in 2009. 19. Provide Residential Development Informational Material to Developers o Maintain, enhance and create informational material regarding residential development to developers on an ongoing and as -needed basis Ongoing in response to development proposals The City continuously maintains current development information materials and provides these to developers in response to development proposals. 20. GIS Database Maintain and keep the GIS database current in order to provide specific development information to market infill housing development to interested developers Ongoing in response to development proposals 1 The SANDAG Series 12 land use inventory was completed, and an updated General Plan/Zoning Map was near completion in 2008. 21. Community Housing Development Organizations (CHDOs) Identify and provide funding to CHDOs in order to pursue additional affordable housing projects. Provide funding to support CHDOs in building administrative capacity Allocate HOME funds for CHDO activities annually through the Consolidated Planning process Funds have been allocated to two CHDOs for the acquisition, rehabilitation, or development of three projects. Part I — Table C Page 3 of 6 l 1( a C (Continued) Program Objective Schedule Status 22. New Construction of Affordable Housing Assist in the production of at least 117 new affordable housing units between 2005 and 2010, including nine extremely low income units, nine very low income units, 39 low income units, and 60 moderate income units. These minimum objectives reflect the City's remaining regional housing allocation for these income groups with the addition of the extremely low income category to meet new State law [§65583(a)(1)) Allocate HOME funds annually through the Consolidated Planning process. Allocate Set -Aside funds through the five-year Redevelopment Implementation Planning process Plaza City Apartments — 60 very low income and 20 low income rental housing units for seniors. Habitat for Humanity (G Avenue) — 8 Low income for sale units. Habitat for Humanity (Harding) — 3 low income for sale units. Pacific View Estates (Fig Court) — 5 Lower income for sale units 23. Promote Assistance Programs for Construction of Affordable Housing Annually conduct an outreach program to the development community to ensure awareness of available housing programs Annually through the Housing Element cycle The City continued to be actively engaged with affordable housing developers. The City has not needed to promote these programs because of the industry's awareness of the programs. 24. Update Density Bonus and Second Unit Provisions of the Land Use Code Comply with State law on density bonuses Adopt updated density bonus and second unit provisions by June 2008 An amendment to the City's Density Bonus ordinance was in progress. -5. Communicate Production Priorities to Prospective Developers 1 Specific actions over the next five years may include: National City Facts to be updated every year Prepare reports of building activity when requested by developers Regularly purchase Assessor parcel data that Is integrated into City GIS system for vacant properties Presentations to Chamber of Commerce, neighborhood councils, port tenants, business improvement districts, etc. Regularly participate in meetings of local planning, developer, and business organizations Ongoing, in response to development proposals and inquiries An RFQ was issued for an affordable housing project for 300-360 units on a 14 acre site in the Westside Specific Plan area. National City Facts was updated in 2008. The City updated parcel data as needed to I maintain accurate information. The City completed a GIS inventory of vacant and infill sites for SANDAG growth projections. The City made presentations to community groups, businesses, and other entities as requested. Part I — Table C Page 4 of 6 Table C (Continued) Program Objective Schedule Status 26. Implementation of Housing Element Annual Report The City will submit annual Housing Element Report to the California Department of Housing and Community Development to ensure local emphasis in meeting the goals of the Housing Element and propose policy changes to correct non -achievement, if necessary Annually, 2005-2010 The City submitted the 2007 General Plan Annual Progress Report to HCD, OPR, and SANDAG. 27. Implementation Design Guidelines Improve quality of design in construction through continued implementation of the Design Guidelines Ongoing basis as development is proposed The City continued to implement the guidelines on a project by project basis and encouraged developers to incorporate quality design in their projects. 28. Initiate an Amendment of the Land Use Code for Multi -Family Residential Development Adopt an amendment of the Land Use Code to allow for administrative review of multi -family development applications Within 12 months of adoption of the Housing Element The City expects to amend the code during the housing element planning cycle. 29. Initiate an Amendment of the Land Use Code to Allow Homeless Shelters, Emergency Shelters, and Transitional Housing Adopt an amendment of the Land Use Code to allow for administrative review of emergency shelters and to treat transitional housing similarly to other residential dwellings Within 12 months of adoption of the Housing Element The City expects to amend the code during the housing element planning cycle. 30. Compliance with Fair Housing Requirements of Community Development Block Grant (CDBG) and HOME Programs Continue to implement actions to address fair housing issues through the CDBG and HOME -funded activities Develop actions annually to be undertaken to address fair housing impediments identified in the Al as part of the annual Consolidated Action Plan process The annual Consolidated Action Plan was adopted in 2008. 31. Continue Cooperation and Support of Fair Housing Counseling and Enforcement Organizations Continue to implement open, fair housing practices and sufficient resources are made available to assure informed housing consumers and suppliers Annually evaluate the services provided by the fair housing counseling and enforcement organizations to ensure services are provided, and revise contracts where appropriate The City conducted its annual review and funding process for service providers with public hearings and adoption of contract agreements. 32. Fair Housing Training In new projects with 10 units or more require the training of staff in Fair Housing administration Ongoing on a project -by -project basis when needed The City required property manager compliance through contract agreements and training through the Fair Housing Council of San Diego. 33. Update Land Use Code Remove definition of "family" from zoning code Within 12 months of adoption of the Housing Element The City expects to amend the code during the housing element planning cycle. Part I — Table C Page 5 of 6 l C T� C (Continued) Program Objective Schedule Status 34 State Energy Conservation Standards Achievement Achieve State energy conservation standards for housing Ongoing as part of the Building Permit process Building plans were reviewed per the current California Energy Standards Codes. 35. Incentives for Energy Efficient Development Reduce energy use per capita in new and rehabilitated housing Develop incentives and adopt as part of the Land Use Code by June 2008 Building plans were reviewed per the current California Energy Standards Codes. 36. Solar Access Standards Reduce energy use per capita in new housing Revise the City's Design Guidelines to include solar access standards by June 2008 Building plans were reviewed per the current California Energy Standards Codes. 37. Green Building Program i Reduce the effects of global warming Revise the City's Design Guidelines to include Green Building Standards by December 2008 Building plans were reviewed per the current California Energy Standards Codes. Part I — Table C Page 6 of 6 GENERAL PLAN ANNUAL PROGRESS REPORT PART II CONTENTS 1. Pier 32 Marina 2. Aquatic Center 3. Marina Gateway Hotel 4. Marina Gateway 5. Bay Marina Drive Improvement Project 6. Westside Specific Plan 7. Amortization Ordinance 8. ULI Land Use Study 9. Downtown Specific Plan 10. Neighborhood Councils 11. Design Guidelines 12. Plaza Bonita Expansion 13. Costco Project 14. PSI Site 15. Drive -In Site 16. Generations Project 17. International Community Foundation 18. Foodland Facade Renovation Project 19. Citywide Transportation Plan 20. Bikeway Master Plan 21. Safe Routes to School 22. National City Boulevard Streetscape Project 23. 8th Street Utility Undergrounding Project 24. Plaza Boulevard Widening Project 25. Disaster Preparedness 26. Emergency Medical Care 27. Fire Engines 28. Fire Response Study 29. GIS Program 30. Enterprise Zone 31. Regional Participation 32. Capital Improvements Program 33. Street Paving Program 34. Branding Program 35. Community Benefit Loan Program 36. Student Community Development Pilot Project 37. National City Week 38. Parks Facilities Remodeling and Renovation Project ANNUAL PROGRESS REPORT 2008 PART II 1. Pier 32 Marina — The construction of the 245-slip marina was completed in 2008. General Plan Policies Implemented: • The City encourages development of a marina and tourist commercial uses in the Harbor District to carry out its Local Coastal Program. (II.K.) • A marina and commercial recreation area will be established adjacent to the Paradise Marsh/Sweetwater Flood Channel outlet, in accordance with the Local Coastal Plan. (V.G.) • The City shall continue to coordinate with the Port District to ensure development of a marina near Pepper Park. Land shall also be maintained for recreational and tourist -oriented commercial use adjacent to the marina, consistent with the adopted Local Coastal Program. (VI.H.) 2. Aquatic Center — The project was in building permit plan check, and lease negotiations with the Unified Port District continued. General Plan Policies Implemented: • A marina and commercial recreation area will be established adjacent to the Paradise Marsh/Sweetwater Flood Channel outlet, in accordance with the Local Coastal Plan. (V.G.) • The City will promote development of regional recreation and open space resources which will benefit National City residents, with special emphasis on the Coastal Zone and the Sweetwater River. (VI.F.) • The City shall continue to coordinate with the Port District to ensure development of a marina near Pepper Park. Land shall also be maintained for recreational and tourist -oriented commercial use adjacent to the marina, consistent with the adopted Local Coastal Program. (VI.H.) • Seek implementation of Local Coastal Plan recommendations for recreation related facilities in the City's Coastal Zone, and for improved bayfront public access. (VI.8.) 3. Marina Gateway Hotel — The construction of the 173 room hotel and commercial buildings commenced in 2008 with completion estimated in July 2009. Restaurant building plans were reviewed in late 2008 with construction planned for early 2009. General Plan Policies Implemented: • The City encourages development of a marina and tourist commercial uses in the Harbor District to carry out its Local Coastal Program. (II.K.) • Encourage appropriate architectural design and site plan review within specific areas of the City, including 24th Street west of 1-5. (II.16.) • The City shall continue to coordinate with the Port District to ensure development of a marina near Pepper Park. Land shall also be maintained for recreational and tourist -oriented commercial use adjacent to the marina, consistent with the adopted Local Coastal Program. (VI.H.) 16 Page 1 of 12 ANNUAL PROGRESS REPORT 2008 PART II 4. Marina Gateway — Planning efforts to introduce additional tourist commercial uses to the area continued with developer negotiations under agreements and due diligence activities. General Plan Policies Implemented: • The City encourages development of a marina and tourist commercial uses in the Harbor District to carry out its Local Coastal Program. (11.K.) • The City will coordinate with the Community Development Commission and Coastal Commission to plan for a wider variety of uses within the Harbor District as redevelopment proposals are formulated. (ILL.) • Encourage the preparation and implementation of specific plans to guide development in areas that have particular importance due to their location, characteristics, or potential for new development. (II. 4) • Encourage appropriate architectural design and site plan review within specific areas of the City, including 24th Street west of 1-5. (11.16.) 5. Bay Marina Drive Improvement Project — Roadway widening and streetscape improvement plans were prepared in late 2008. Bid documents were released in December 2008 with estimated completion June 2009. General Plan Policies Implemented: • Encourage appropriate architectural design and site plan review within specific areas of the City, including 24th Street west of 1-5. (11.16.) 6. Westside Specific Plan — Preparation of the Environmental Impact Report started in the summer of 2008 with estimated completion in April 2009. The draft Specific Plan will be available for public review in February 2009. General Plan Policies Implemented: • Encourage the preparation and implementation of specific plans to guide development in areas that have particular importance due to their location, characteristics, or potential for new development. (11.4.) • The City should encourage and participate in efforts to remove or relocate uses that are incompatible with surrounding properties. (11.8) • Consider options to relocate or buffer the western portion of the Public Works yard used for temporary storage. (VI.67.) 7. Amortization Ordinance — An inventory of businesses was completed and a point schedule was established to rank these in order of amortization priority. Implementation would begin after the adoption of the Westside Specific Plan. General Plan Policies Implemented: 17 Page 2 of 12 ANNUAL PROGRESS REPORT 2008 PART II • Where feasible, the City will encourage the conversion or relocation of nonconforming, higher intensity uses in order to improve the quality of neighborhoods and business districts. (11.E.) • The City should encourage and participate in efforts to remove or relocate uses that are incompatible with surrounding properties. (11.8) • Consider program actions to relocate existing businesses from areas where they may be determined incompatible with existing residential use. (V.22.) 8. ULI Land Use Study — The City conducted planning and design charrettes and workshops with the Westside community to develop a conceptual transit -oriented development project with an affordable housing component. General Plan Policies Implemented: • Consider adoption of procedures to encourage neighborhood -focused planning in order to improve participation of all residents. (11.1.) • Establish priorities and encourage requests for neighborhood plans addressing commercial and multi -family -zoned residential areas. (11.2.) • Encourage the preparation and implementation of specific plans to guide development in areas that have particular importance due to their location, characteristics, or potential for new development. (11.4.) • The City will encourage greater citizen input into the planning process, involving residents from all ethnic groups. (II.AA.) 9. Downtown Specific Plan — Harbor View Condos consisting of 75 residential units and 13,000 square feet of retail commercial space was near completion at the end of 2008. The Bayview Tower condominium conversion (170 residential units and retail space) was completed in 2008. The construction of Centro Condominiums consisting of 61 residential units was started in 2008. General Plan Policies Implemented: • The Downtown shall be reinforced as the City's heart, civic center, and commercial hub. (II.A) • Continue Redevelopment activities in the area at National City Boulevard & 8th Street (downtown) and elsewhere in the City, where public involvement is deemed necessary to stimulate private investment. (11.7) 10. Neighborhood Councils — The seven Neighborhood Councils held monthly public meetings and quarterly breakfasts to facilitate citizen participation in planning and other issues at the neighborhood level and community -wide. General Plan Policies Implemented: • The City will encourage greater citizen input into the planning process, involving residents from all ethnic groups. (II.AA) 18 Page 3 of 12 ANNUAL PROGRESS REPORT 2008 PART II 11. Design Guidelines — The City continued to apply the guidelines to new development and redevelopment. General Plan Policies Implemented: • The City will maintain requirements for architectural and site design control on new development to ensure efficient use of land as well as compatibility among different uses and properties, and to help strengthen business areas and neighborhoods. Administration of adopted Design Guidelines and project review procedures will continue to recognize reasonable cost considerations for owners in design requirements and procedures. (II.V.) • Design review procedures will be continued within existing Redevelopment Project Areas. (II.W.) 12. Plaza Bonita Expansion — Construction was completed in 2008 for the addition of retail and restaurant space including Target, El Torito, Borders Books, a 14-screen AMC Theater, and a 3-story parking garage. General Plan Policies Implemented: • The City will encourage businesses to locate or expand in the City, where compatible with existing, nearby development and environmental features. (V_D) • Emphasize high quality commercial and industrial development, in order to generate the greatest tax and employment benefits from the limited amount of land and relatively small sites available in the City. (V.17.) 13. Costco Project — Costco withdrew their construction plans. The City is marketing the site for other potential retail tenants. General Plan Policies Implemented: • The City will encourage the development of both small and large-scale business facilities of a location, design and content which will improve the diversity and quality of National City's economic environment. (V.B) • The City will encourage businesses to locate or expand in the City, where compatible with existing, nearby development and environmental features. (V.D) • Emphasize high quality commercial and industrial development, in order to generate the greatest tax and employment benefits from the limited amount of land and relatively small sites available in the City. (V.17.) 14. PSI Site — City Council initiated a general plan amendment, a zone change, and a Local Coastal Program amendment for the project site. General Plan Policies Implemented: • The City will encourage the development of both small and large-scale business facilities of a location, design and content which will improve the diversity and quality of National City's economic environment. (V.B) I Page 4 of 12 ANNUAL PROGRESS REPORT 2008 PART II • The City will encourage businesses to locate or expand in the City, where compatible with existing, nearby development and environmental features. (V.D) • Emphasize high quality commercial and industrial development, in order to generate the greatest tax and employment benefits from the limited amount of land and relatively small sites available in the City. (V.17.) 15. Drive -In Site — The City determined that a municipal boundary adjustment with Chula Vista would not be necessary. The proposed development of the site would be addressed through a joint powers agreement between the cities. General Plan Policies Implemented: • The City will encourage the development of both small and large-scale business facilities of a location, design and content which will improve the diversity and quality of National City's economic environment. (V.B) • The City will encourage businesses to locate or expand in the City, where compatible with existing, nearby development and environmental features. (V.D) • Emphasize high quality commercial and industrial development, in order to generate the greatest tax and employment benefits from the limited amount of land and relatively small sites available in the City. (V.17.) 16. Generations Project — Construction began in 2008 on this 498-unit senior housing facility with independent and assisted living units adjacent to Paradise Valley Hospital. The first phase of units is expected to be completed in 2009. General Plan Policies Implemented: • Efforts for strengthening the Paradise Valley Hospital and adjacent area as a regional center for health services will continue to receive the City's support. (VI.H.) 17. International Community Foundation — Tenant improvements were completed on one building in 2008, creating offices for the Foundation. Additional improvements are planned in 2009. General Plan Policies Implemented: • The City will continue to encourage and assist efforts for the preservation, maintenance and restoration of historically significant buildings and sites. (II.Y.) • Continue to support historic preservation efforts. Update the list of important historic sites and incorporate it into a document separate from the General Plan. Revise the Land Use Code as necessary to refer to the list. (1117.) [18. Foodland Facade Renovation Project — Construction was completed in 2008. General Plan Policies Implemented: 20 Page 5 of 12 ANNUAL PROGRESS REPORT 2008 PART 11 • The improvement of existing signs will be encouraged by the City to help promote a more attractive street scene in National City's business districts. (II.U) • Promote sign and facade improvement efforts in business districts and rehabilitation in residential neighborhoods; pursue funding resources for such activities, and provide technical assistance to property owners. (I1.14.) • Encourage actions to rehab older business districts; possibly reuse older buildings or replace them in order to accommodate new uses. (V.7.) 19. Citywide Transportation Plan — The draft plan was presented to Council, and staff was directed to complete the final plan, which is expected to be completed in 2009 and updated annually. General Plan Policies Implemented: • The City will work with Caltrans, SANDAG, MTDB and other responsible agencies to identify, plan and implement needed transportation improvements. (VI.N.) • The City will conduct roadway construction projects which are identified as desirable to the overall circulation pattern. (VI.O.) • The City will promote better transit services and encourage closer integration among the various transit systems, to provide convenient access to residential, employment and shopping areas of National City. (VI.P.) • The City will identify and implement necessary and desired pedestrian improvements, with a special emphasis on providing safe access for schools, parks, shopping districts, and other appropriate facilities. (VI.R.) • All transportation planning will recognize the priority for protecting the quality of life in National City's neighborhoods, and for minimizing any impact on schools, hospitals, rest homes and other sensitive facilities. (VI.U.) • Continue to identify and budget for additional needed traffic signal, intersection and related circulation improvements. (VI.18.) 20. Bikeway Master Plan — The City participated with SANDAG in the planning and design of the Bayshore Bikeway. The City refined the master plan to meet Caltrans guidelines. Staff determined that additional funds would be needed to revise the master plan for adoption in coordination with SANDAG. The City will pursue potential funding sources, including grant funds. General Plan Policies Implemented: • The City will promote local bicycle usage and safety through public and private education and development activities. (VI.Q.) • Obtain financing to implement provisions of the Local Coastal Program's Land Use Plan regarding circulation and access improvements within the Coastal Zones, including .. . development of a separate crossing for the Bay Route Bikeway over the Sweetwater Flood Channel. (VI.24.) • Promote bicycle safety within the City, including educational activities and use of neighborhood streets rather than busy arteries. (VI.30.) 21 Page 6 of 12 ANNUAL PROGRESS REPORT 2008 PART II • Promote development within National City of local portions of the regional bicycle trail system, with emphasis on the Coastal Zone and the Sweetwater Flood Control Channel. (VI.32.) • Study the potential to improve the safety and feasibility of bicycle transportation through the City in order to reduce automobile trips. Consider actions to encourage bicycle transportation to major activity centers, such as to Naval Station San Diego especially from Navy housing located just east of the City. This may affect Transportation and Circulation Program No. 24 (VI.23.), which calls for study regarding Plaza Boulevard improvements. (VI.33.) 21. Safe Routes to School — Phase I was completed in 2008. Public outreach and coordination with school districts and community stakeholders was conducted. The City will pursue grant funds for the ongoing project. General Plan Policies Implemented: • The City will work with Caltrans, SANDAG, MTDB and other responsible agencies to identify, plan and implement needed transportation improvements. (VI.N.) • The City will identify and implement necessary and desired pedestrian improvements, with a special emphasis on providing safe access for schools, parks, shopping districts, and other appropriate facilities. (VI.R.) • Obtain financing to implement provisions of the Local Coastal Program's Land Use Plan regarding circulation and access improvements within the Coastal Zones, including: Development of a separate crossing for the Bay Route Bikeway over the Sweetwater Flood Channel. (V1.24.) • Promote bicycle safety within the City, including educational activities and use of neighborhood streets rather than busy arteries. (VI.30.) 22. National City Boulevard Streetscape Project — The 9tr, Street fountain plaza (Morgan Square) was completed in 2008. General Plan Policies Implemented: • Landscaping of public parkways will continue to be encouraged, through both private and public efforts. (II.Q.) • The ongoing program of removing overhead utility wiring along major roadways and relocating them underground will be continued, financed by allocations from SDG&E, and as required as conditions of approval for new development. (IIT.) • Conduct street landscaping and other beautification efforts. (11.13) • Relocate overhead utility lines underground and remove utility poles along roadways. As much as possible, attempt to coordinate this work with other street and utility improvement projects. (11.15.) • Continue to identify and budget for additional needed traffic signal, intersection and related circulation improvements. (VI.18) 22 Page 7 of 12 ANNUAL PROGRESS REPORT 2008 PART 11 23. 8th Street Utility Undergrounding Project — SDG&E completed the undergrounding of overhead utility lines between National City Boulevard and Highland Avenue. General Plan Policies Implemented: • The ongoing program of removing overhead utility wiring along major roadways and relocating them underground will be continued, financed by allocations from SDG&E, and as required as conditions of approval for new development. (II.T.) • Relocate overhead utility lines underground and remove utility poles along roadways. As much as possible, attempt to coordinate this work with other street and utility improvement projects. (11.15.) 24. Plaza Boulevard Widening Project — Design engineering and right-of-way acquisition studies were completed. Potential funding sources for construction are continuing to be investigated. General Plan Policies Implemented: • Encourage appropriate architectural design and site plan review within specific areas of the City, including Plaza Boulevard (such as adopted for the north side of Plaza between 1-805 and E. 12th Street). (11.16.) • Conduct a corridor planning study for Plaza Boulevard, coordinating needs for parking, landscaping and overall site design in conjunction with street widening improvements addressed in Chapter VI. (11.21.) • Plan and budget the following major roadway extension/improvement projects .. . widening of Plaza Boulevard to improve traffic flow through the City (V1.23) 25. Disaster Preparedness — The City conducted Disaster Service Worker Awareness Training for all employees to help respond to major emergencies or disasters; participated in a Table Top Exercise regarding a simulated catastrophic 7.8 magnitude earthquake on the southem portion of the San Andreas Fault; and activated the Emergency Operations Center (EOC) to participate in the Statewide Golden Guardian Exercise Series. General Plan Policies Implemented: • Maintain and improve the City's participation in regional planning for natural hazards, such as earthquakes and floods, and evaluate any new circumstances that may apply to National City. (111.1.) • Strengthen disaster planning and training activities by City departments, and improve emergency coordination procedures with the County and other agencies. (VI.39.) • The City will coordinate with the County and other agencies regarding disaster preparedness planning, to ensure the health and safety of residents during any emergency. (VI.W.) 26. Emergency Medical Care — The City entered into an agreement for the establishment of the Regional Cooperative Care Program (RCCP) to improve the quality of patient care delivered in San Diego County's Zone 4 through standardization of high quality training and establishment of unified quality assurance and improvement programs. 23 Page 8 of 12 ANNUAL PROGRESS REPORT 2008 PART II General Plan Policies Implemented: • Participate in regional planning efforts to ensure that quality emergency and pre -hospital medical care is available to National City residents. (VI.52.) • Continue to evaluate the effectiveness of current emergency medical services available to the City, and consider the benefits and costs associated with any proposed service revisions. (VI.53.) 27. Fire Engines — The City installed mobile data computers on all fire engines to receive real-time dispatch information. General Plan Policies Implemented: • Continue to implement improvements as necessary to maintain adequate fire protection. (VI.44.) 28. Fire Response Study — The City retained a consultant to prepare a fire response study. The study reviewed the adequacy of the existing deployment system from the current fire station locations, and based on that analysis and possible service area growth, proposed deployment enhancements to consider as funds allow. General Plan Policies Implemented: • Continue to implement improvements as necessary to maintain adequate fire protection. (VI.44.) • Fire safety programs and planning will be strengthened in National City, regarding development standards and fire protection services. (VI.AA.) 29. GIS Program — The SANDAG Series 12 land use inventory was completed, and an updated General Plan/Zoning Map was near completion in 2008. General Plan Policies Implemented: • Monitor development and update the City's land use inventory for use in reviewing projects as well as zoning proposals. (11.23.) 30. Enterprise Zone — The City contracted with the Chamber of Commerce to administer this program for businesses assistance, tax incentives, and other benefits. General Plan Policies Implemented: • Consider programs to attract new businesses and assist start up of small businesses. (V.2.) 31. Regional Participation — The City participated in SANDAG's regional planning efforts through various technical and policy committees, including the Series 12 growth forecasts, the development of Smart Growth Incentive Program policies and the delineation of Smart Growth areas. 24 Page 9 of 12 ANNUAL PROGRESS REPORT 2008 PART II General Plan Policies Implemented: • The City will cooperate with regional agencies in programs designed to reduce air and water pollution levels from all sources. (111.D.) • The City will work with Caltrans, SANDAG, MTDB and other responsible agencies to identify, plan and implement needed transportation improvements. (VI.N.) • Consult with regional agencies concerning methods to improve local transit services emphasizing coordination of services. (VI.27.) 32. Capital Improvements Program — The City adopted its annual CIP and continued to implement various projects. General Plan Policies Implemented: • Promote funding and implementation of needed flood control and drainage improvements, as referenced in the Public Facilities chapter. (111.5.) • The City will conduct roadway construction projects which are identified as desirable to the overall circulation pattern. (VI.O.) • The City will identify and implement necessary and desired pedestrian improvements, with a special emphasis on providing safe access for schools, parks, shopping districts, and other appropriate facilities. (VI.R.) • The City will maintain communication and coordinate planning with the appropriate public agencies for evaluation and improvement of the various public facility service systems (water, sewerage, drainage, street lighting, streets and highways and other utilities), to adequately serve existing and projected future development and maintain a high quality urban environment. (VI.GG.) • The City will continue short-term and long-range planning efforts to identify needed capital improvements, secure sources of funding, and schedule development activities. (VI.JJ.) • Continue to identify and budget for additional needed traffic signal, intersection and related circulation improvements. (V1.18.) • Continue advance programming for sewer and storm drainage systems maintenance, repair and extension as needed. (VI.61.) • Update the comprehensive drainage study completed for the City and monitor the need for drainage improvements. (V1.63.) 33. Street Paving Program — The City completed three phases of a major city-wide paving program, which included over $8 million in resurfacing and slurry sealing throughout the community. General Plan Policies Implemented: • The City will continue short-term and long-range planning efforts to identify needed capital improvements, secure sources of funding, and schedule development activities. (VI.JJ.) 2 5 Page 10 of 12 ANNUAL PROGRESS REPORT 2008 PART II • Continue to monitor and evaluate the basic systems serving National City (including electricity, phones, roads, water, sewerage, drainage), in cooperation with regional operating and planning agencies, to identify current deficiencies and areas requiring expansion in light of projected future growth. Develop additional capital improvement efforts as necessary. (V1.54.) • Using the results of available deficiency studies, and additional surveys as needed, implement a street and sidewalk repair program based on severity of need and priority of use. (VI.60.) 34. Branding Program — The implementation of the citywide branding program was completed in 2008 and included a new City website and signage program. General Plan Policies Implemented: • Major entry points to National City will be beautified by well -designed landscaping and signage, relying on both private efforts and public resources, in order to promote civic pride and reinforce community identity. (li.P.) • Promote private and public efforts to provide special landscaping and signage treatment at major entry points to National City, and along the City's public ways. Such special beautification efforts should be applied at each existing and proposed interchange of 1-5, 1-805 and Route 54 located in the City, as well as at roadways entering the City from adjacent communities. (11.11.) 35. Community Benefit Loan Program — The City contracted with the Chamber of Commerce to administer this forgivable loan program for businesses improvement projects within the redevelopment project area. Ten loan applications were processed and eight were approved in 2008. General Plan Policies Implemented: • Promote sign and facade improvement efforts in business districts and rehabilitation in residential neighborhoods; pursue funding resources for such activities, and provide technical assistance to property owners. (11.14.) • The City will encourage the development of both small and large-scale business facilities of a location, design and content which will improve the diversity and quality of National City's economic environment. (V.B.) • The City will support programs to minimize vacancies while maintaining or expanding the amount of retail space in the City. (V.L.) • Consider programs to attract new businesses and assist start up of small businesses. (V.2.) • Encourage actions to rehab older business districts; possibly reuse older buildings or replace them in order to accommodate new uses. (V.7.) • Continue other Redevelopment efforts to attract new industrial, office and commercial development to National City. (V.12.) 36. Student Community Development Pilot Project — The project was completed in June of 2008. The project included renovations to the pedestrian bridge, the planting of several full-size elm trees, and a student art project on the sidewalk leading into the park. General Plan Policies Implemented: 26 Page 11 of 12 ANNUAL PROGRESS REPORT 2008 PART II • The City will encourage greater citizen input into the planning process, involving residents from all ethnic groups. (II.AA.) 37. National City Week — The City conducted a week-long festival of community activities, programs, workshops, presentations, concerts, and other events to showcase and celebrate the community assets, amenities, and new improvements. General Plan Policies Implemented: • The City will encourage greater citizen input into the planning process, involving residents from all ethnic groups. (II.AA.) • Encourage promotions to attract or increase the retail viability in the City. (V.10.) 38. Parks Facilities Remodeling and Renovation Project — The City completed various capital improvements of existing parks including the Arts Center renovation, park furniture installations, mature tree plantings, painting of buildings, and a new skate park installation. General Plan Policies Implemented: • National City will work to improve the quality and availability of recreation resources for its residents through the maintenance and upgrading of existing parks, the strengthening of recreation programs, and the increased utilization of school recreation facilities. (VI.A.) • Implement a comprehensive improvement effort for National City's existing public parks, addressing both maintenance of existing and installation of new recreation facilities, and expansion of recreation programs. (VI.1.) 27 Page 12 of 12 Itoterre COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT National City, California MEETING DATE: March 3, 2009 AGENDA ITEM NO. 20 ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $40,032.02 to the City of National City for the period of 01/28/09 through 02/03/09 PREPARED BY: Jeanette Ladrido, C DEPARTMENT Finance Finance Director (619) 336-4331 J EXPLANATION: 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 $40,032.02 STAFF RECOMMENDATION Accept and File. BOARD/COMMISSION RECOMMENDATION N/A TACHMENTS (Listed Below) Warrants for the period the period of 01/28/09 through 02/03/09 • COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER # 32 2/3/2009 PAYEE DESCRIPTION CHK NO DATE AMOUNT CITY OF CHULA VISTA DECEMBER 2008 SERVICES 225067 2/3/09 6,428.50 BEST BEST & KRIEGER LLP COMMUNITY YOUTH ATHLETIC CENTER 225170 2/3/09 11,160.99 CALIFORNIA SOCIETY OF 2009 CSMFO MEMBERSHIP RENEWAL 225171 2/3/09 55.00 CHARLES J REILLY COMMUNICATION SVCS ON NEWLETTER 225172 2/3/09 2,560.00 GE CAPITAL EQUIPMENT LEASE 225173 2/3/09 209.48 GEOSYNTEC CONSULTANTS EDUCATION VILLAGE 225174 2/3/09 8,565.19 NATIONAL CONSTRUCTION RENTAL FENCE RENTAL 1640 E PLAZA BLVD 225175 2/3/09 177.08 RORE INC WELL INSTALLATION/DESTRUCTION 225177 2/3/09 1,212.50 SAN DIEGO GAS & ELECTRIC 921 A AVENUE 225178 2/3/09 249.38 SAN DIEGO TROLLEY INC FLAGGING SERVICES 225179 2/3/09 107.82 STRATACOM MOP 63845 BUSINESS CARD - CD 225180 2/3/09 126.15 SWEETWATER AUTHORITY 1310 HIGHLAND AVE 225181 2/3/09 448.03 UNION TRIBUNE NEWSPAPER SUBSCRIPTION 225182 2/3/09 56.02 URBAN FUTURES EXPERT & CONTRACT SVCS 225183 2/3/09 7,297.50 WADE & ASSOCIATES PRINCIPAL PROJECT MNGR - BAY MARINA 225184 2/3/09 1,118.00 WELLS FARGO BANK CREDIT CARD EXP 225185 2/3/09 260.38 A/P Total 40.032.02 rNCORPORATF%D • COMMUNITY DEVELOPMENT COMMISSION Warrant Register # 32 2/3/2009 502 SECTION 8 FUND 505 HOME FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 40, 032.02 40,032.02 COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT National City, California EETING DATE: March 3, 2009 AGENDA ITEM NO. 21 Nitre ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $220,072.73 to the City of National City for the period of 02/04/09 through 02/10/09 PREPARED BY: Jeanette Ladrido, CPA DEPARTMENT Finance Finance Direct tr- /\ (619) 336-4331 EXPLANATION: 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. r Environmental Review N/A Financial Statement Approve the reimbursement of funds to the City of National City in the amount of $220,072.73 STAFF RECOMMENDATION Accept and File. BOARD/COMMISSION RECOMMENDATION N/A TACHMENTS (Listed Below) Warrants for the period the period of 02/04/09 through 02/10/09 G�ILIFOIZNIA -" NAL Z4t�V - XNCORPORATED COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER # 33 2/10/2009 PAYEE CALIFORNIA SOCIETY OF CITY OF NATIONAL CITY DIXIELINE BUILDERS ELIACER (TRUSTEE) RIEGER EPIC LAND SOLUTIONS, INC FEDEX GILBERTO & MARIA VEGA HUSK PARTNERS I BARRA ICF JONES & STOKES JUAN F. RUIZ JR. & TERESA RUIZ MICHAL PIASECKI CONSULTING POWER PLUS ROBERTO & MARIA LOURDES ANGULO SAN DIEGO HABITAT FOR HUMANITY SAN DIEGO TROLLEY INC VERONICA TAM & ASSOCIATES ROX CORPORATION PAYROLL, Pay period Start Date 3 1/13/2009 DESCRIPTION 2009 CSMFO MEMB RENEW CDC PETTY CASH - JANUARY 2009 CDC CASA FAMILIA REIMB - OVERPAYMENT ON LOAN PROPERTY MGMNT/CONTRACT COMPLIANC OVERNIGT MAIL - HUD DOCUMENTS REIMB-REHAB LOAN OVERPAYMENT CONSULTING SVCS FOR FEB 2009 REIMB-RENEWAL OF LEAD CERTIFICATION WESTSIDE SPECIFIC PLAN EIR REIMB - OVERPAYMENT ON LOAN CRYSTAL REPORTS UPDATES EQUIP RENTAL - AQUATIC CENTER REIMB - OVERPAYMENT ON LOAN REIMB - 1441 HARDING AVE/1820 G ST FLAGGING SERVICES JAN'09 CONTRACT SVCS IDIS FY 06/07 - 119 LEASE FOR JAN 2009 End Date ('heck Date 1/26/2009 2/4/2009 CHK NO DATE AMOUNT 225187 2/10/09 55.00 225188 2/10/09 180.68 225190 2/10/09 73,391.00 225191 2/10/09 128.93 225192 2/10/09 9,895.18 225193 2/10/09 74.24 225194 2/10/09 114.93 225195 2/10/09 7,500.00 225196 2/10/09 225.00 225197 2/10/09 13,262.52 225198 2/10/09 175.25 225199 2/10/09 1,237.50 225200 2/10/09 195.00 225201 2/10/09 158.57 225202 2/10/09 25,000.00 225203 2/10/09 27.84 225204 2/10/09 551.25 225205 2/10/09 439.19 A/P Total 132,612.08 87,460.65 132,612.08 GRAND TOTAL $ 220,072.73 )— CALIFORNIA --* NATIONAL C INCORPORATED COMMUNITY DEVELOPMENT COMMISSION Warrant Register # 33 2/10/2009 502 SECTION 8 FUND 505 HOME FUND 506 HOME LOAN PROGRAM FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 21,479.96 73,938.14 577.68 95,151.53 28,925.42 220,072.73 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT �..r MEETING DATE March 3, 2009 ``• AGENDA ITEM NO. 22 ITEM TITLE A resolution approving an Agreement by and between the Community Development Commission and E2 Manage Tech for as -needed environmental consulting services for the National City Redevelopment Project for the period from March 3, 2009 — November 30, 2010 not to exceed $150,000. PREPARED BY DEPARTMENT Patricia Beard (ext 4255) Redevelopment Division Redevelopment Manager EXPLANATION E-2 Manage Tech ("E-2") is a new company formed by a merger between CDC's pre -qualified hazardous materials consultant Essential Management Services and Envrionmental Data Solutions Group. Essentia has been the CDC's lead consultant related to hazardous soil, water and air concerns related to the Westside Specific Planning area and, based on a competitive Request for Qualifications process, is serving as the lead contractor in fulfilling terms of the CDC's EPA Brownfield Assessment Grant for the Westside. The firm also assisted CDC, at no cost, to apply for additional funding for the Westside from EPA, which is pending decision later this spring as well as providing various other services for the CDC. This contract would allow firm Principal Daryl Hernandez to continue the EPA grant project and provide additional assistance to CDC. Environmental Review Not applicable. Financial Statement E-2 will be primarily paid from federal grant funds and developer deposits. Payments through the CDC's tax increment funding would be for specific assignments requested by the Executive Director and not qualified under the primary funding sources. The not -to exceed amount of the contract is $150,000 through November 30, 2010. STAFF RECOMMENDATION Adopt the resolution. BOARD / COMMISSION RECOMMENDATION Not applicable. STRATEGIC GOAL 3e) Support open spaces such as Paradise Creek Education Park, 5b) Complete WSP and analyze comprehensive implementation strategy, 6b) develop affordable housing by leveraging resources. r ATTACHMENTS 1. Proposed Agreement Resolution No. RESOLUTION NO. 2009 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE AN AGREEMENT IN THE NOT -TO -EXCEED AMOUNT OF $150,000 WITH E-2 MANAGETECH SOLUTIONS, INC., FOR AS -NEEDED ENVIRONMENTAL CONSULTING SERVICES WHEREAS, Essentia Management Systems was selected through a competitive Request for Qualifications process, and has been serving the Community Development Commission of the City of National City ("CDC") by providing as -needed environmental consulting services since August 9, 2005; and WHEREAS, Essentia Management Systems has assisted the CDC in writing and being awarded United States Environmental Protection Agency funding related to hazardous conditions in the Westside Specific Planning area, and is currently completing the scope of an area wide assessment funded by the Environmental Protection Agency in the Westside; and WHEREAS, Essentia Management Systems has merged with Environmental Data Solutions Group forming a new company called E-2 ManageTech; and WHEREAS, the CDC desires to retain E-2 ManageTech to continue assisting the CDC in grant efforts and other as -needed projects where hazardous conditions may exist. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby authorizes the Chairman to execute an Agreement in the not -to -exceed amount of $150,000 with E-2 ManageTech to provide as -needed Environmental Consulting Services. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 3rd day of March, 2009. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III City Attorney RECEIVED FEB 2 6 2009 eS01 UT IONS ManageTech February 25, 2009 Via Overnight Express Patricia Beard Redevelopment Manager City of National City 1243 National City Blvd National City, California 91950 Re: E2 ManageTech, Inc. Contract with the Community Development Commission of the City of National City Dear Ms. Beard: Enclosed is one copy of the fully executed contract per our discussion. Thank you for your assistance with this matter and we look forward to working with you. If you have any questions, please do not hesitate to contact me directly at (562) 275- 3636. Contracts Manager 5000 East Spring Street, Suite 720, Long Beach, California • (562) 740-1060 ♦ fax (562) 740-1070 www.e2managetech.com AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND E2 MANAGETECH SOLUTIONS, INC. THIS AGREEMENT is entered into this 3rd day of March, 2009, by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a community development commission (the "CDC"), and E2 MANAGETECH SOLUTIONS, INC, a environmental consultant (the "CONSULTANT"). RECITALS WHEREAS, the CDC desires to employ a CONSULTANT to provide environmental consulting services related to the National City Redevelopment Project; and WHEREAS, the CDC has determined that the CONTRACTOR/CONSULTANT [CHOOSE ONE is a environmental consultant and is qualified by experience and ability to perform the services desired by the CDC, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CDC hereby agrees to engage the CONSULTANT and the CONSULTANT hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services required hereunder will be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit " A ". The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CDC for such services, except as authorized in advance by the CDC. The CONSULTANT shall appear at meetings cited in Exhibit " A "to keep staff and City Council advised of the progress on the project. The CDC may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CDC and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 10% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Patricia Beard hereby is designated as the Project Coordinator for the CDC and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress Noe and execution of this Agreement for the CONSULTANT. Daryl Hernandez thereby is designated as the Project Director for the CONSULTANT. 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A"shall not exceed $150,000 (the Base amount) without prior written authorization from the Executive Director. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit " A "as determined by the CDC. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CDC and for furnishing of copies to the CDC, if requested. 5. ACCEPTABILITY OF WORK. The CDC shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due. In the event the CONSULTANT and the CDC cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the CDC or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the CDC shall each prepare a report which supports their position and file the same with the other party. The CDC shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 6. LENGTH OF AGREEMENT. This agreement shall be in affect until November 30, 2010. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT for this Project, whether paper or electronic, shall become the property of the CDC for use with respect to this Project, and shall be turned over to the CDC upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CDC and CONSULTANT thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CDC's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CDC, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CDC may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONSULTANT's written work product for the CDC's purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. 2 City's Standard Agreement - May 2008 revision 3 Any modification or reuse by the CDC of documents, drawings or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14 but only with respect to the effect of the modification or reuse by the CDC, or for any liability to the CDC should the documents be used by the CDC for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONSULTANT. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employee of the CDC and are not entitled to any of the rights, benefits, or privileges of the CDC's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT's employees, and it is recognized by the parties that a substantial inducement to the CDC for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CDC. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or subCONSULTANTs, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its subCONSULTANT(s) shall require the subCONSULTANT to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CDC nor its officers, agents or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT's employees except as herein set forth, and the CONSULTANT expressly agrees not to represent that the CONSULTANT or the CONSULTANT's agents, servants, or employees are in any manner agents, servants or employees of the CDC, it being understood that the CONSULTANT, its agents, servants, and employees are as to the CDC wholly independent CONSULTANTs and that the CONSULTANT's obligations to the CDC are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT, and each of its subCONSULTANTs, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily 3 Citv's Standard Aoreemant — Masi 2nna ravicinn exercised by members of the CONSULTANT's trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONSULTANT warrants to the CDC that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT's professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CDC, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CDC otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CDC are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CDC for any increased costs that result from the CDC's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CDC setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CDC may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CDC. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CDC. In its performance hereunder, the 4 Cion.1ord Anron.no..• ,,nno CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CDC for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify, and hold harmless the Community Development Commission of the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT's negligent performance of this Agreement. 16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CDC and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CDC or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its subCONSULTANTs, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: ® A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non - owned, and hired vehicles ("any auto"). C. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CDC. Said endorsement shall be provided prior to commencement of work under this Agreement. E. The aforesaid policies shall constitute primary insurance as to the CDC, its officers, employees, and volunteers, so that any other policies held by the CDC shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CDC of cancellation or material change. F. Said policies, except for the professional liability and workers' compensation policies, shall name the CDC and its officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years NS 5 CitVs Standard Agreement - Mav 2008 revision a after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the National City Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the National City Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CDC may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. K. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CDC. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CDC shall, in addition, be limited to the amount of attorney's fees incurred by the CDC in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. if a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CDC. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. 6 City's Standard Agreement - May 2008 revision B. This Agreement may also be terminated immediately by the CDC for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CDC. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CDC, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CDC by the CONSULTANT's breach, if any. Thereafter, ownership of said written material shall vest in the CDC all rights set forth in Section 6. E. The CDC further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT] for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive 1.000 such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CDC: To the CONSULTANT: Patricia Beard, Redevelopment Manager Community Development Commission of the City of National City 1243 National City Boulevard National City, CA 91950-4301 Daryl Hernandez, Principal E2 ManageTech, Inc. 12396 World Trade Center Dr., Suite 314 San Diego CA 92128 Telephone 858-217-5306 7 City's Standard Agreement — May 2008 revision Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform service: of any kind for any person or entity whose interests conflict in any way with those of the CDC. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CDC of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CDC in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CDC. ❑ If checked, the CONTRACTOR/CONSULTANT [CHOOSE ONE] shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR/CONSULTANT [CHOOSE ONE] shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR/CONSULTANT [CHOOSE ONE] shall obtain from the City Clerk. The CONTRACTOR/CONSULTANT [CHOOSE ONE] shall be strictly liable to the CDC for all damages, costs or expenses the CDC may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR/CONSULTANT [CHOOSE ONE]. 23. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. 8 City's Standard Agreement — May 2008 revision IJ� G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. COMMUNITY DEVELOPMENT COMMISSION E2 MANAGETECH, INC. OF THE CITY OF NATIONAL CITY By: Ron Morrison, Chairman (Corporation — signatures of two corporate officers) APPROVED AS TO FORM: By: George H. Eiser, III Legal Counsel lie Moe-ReynoldPrincipal and CFO Glenn J. May ,, r'ncipal and CEO 9 City's Standard Agreement -- May 2008 revision 1't, EXHIBIT A Scope of Services for on -call services shall include professional services related to analysis and identification of environmental hazards at properties of interest to the CDC, creating remediation plans and achieving regulatory closure for sites as directed by the Community Development Commission (CDC) as well as providing consulting services as directed by CDC related to Environmental Policy, Brownfields efforts and Legislative analysis to assist the CDC in accomplishing its redevelopment goals. l l SCHEDULE OF FEES AND CHARGES ManageTech () I PERSONNEL CHARGES The charge for all time required in the performance of the Scope of Services, including office, field and travel time, will be at the Unit Price Hourly Rates set forth below for the labor classifications indicated. Labor Classification Clerk* Technical AssistantNVord Processor* Technician* Drafter/Illustrator' Technical Editor* Senior Drafter/Illustrator* $ 90.00 Senior Technician' $ 90.00 Lab/Field Supervisor* $ 90.00 Assistant Staff Professional $ 80.00 Staff Professional $ 90.00 Senior Staff Professional $ 100.00 Assistant Project Professional $ 110.00 Project Professional $ 120.00 Senior Project Professional $ 130.00 Consulting Professional $ 140.00 Senior Consulting Professional $ 150.00 Principal/Senior Principal $ 160.00 Hourly Rate $ 50.00 $ 70.00 $ 80.00 $ 80.00 $ 80.00 Charges for contract personnel under E2 ManageTech supervision and using E2 ManageTech facilities will be made according to the hourly rate corresponding to their classification. Overtime worked in excess of eight (8) hours per day) by exempt personnel will be charged at the above straight time hourly rate. Non-exempt (*) @ 1.5x rate. Special project accounting reporting and financial services, including submission of invoice support documentation will be charged accordingly. When E2 ManageTech staff appear as expert witnesses at court trials, mediation, arbitration hearings, and depositions, their time will be charged at 1.5 times the rate schedule . Preparation for these shall be charged at the above standard hourly rates. Subcontracts and Equipment Rental The cost of services subcontracted by E2 ManageTech to others, including but not limited to: chemical analysis, test borings, speciality contractors, surveyors, consultants, and equipment rental; e.g., backhoes, bulldozers, and test apparatus, etc., will be charged at cost plus 10%. Communications The cost of communications including telephone, telex facsimile, routine postage and incidental copying costs will be charged at cost. Computers The charge for use of Computer Aided Design and Drafting (CADD), Graphics generation, modeling applications and similar technical computing is $20.00 per hour. Document Reproduction In-house reproduction will be charged at $.15 a page for black & whit and $1.00 a page for color for letter, legal, and 11 x 17 size copies. See attached for outside reproduction costs. Other Any other direct costs not specifically discussed herein will be charged at cost. Vehicles and Mileage Field vehicles (pick-ups, vans, trucks, etc.) used on project assignments will be charged at the current IRS rate. Payment E2 ManageTech shall submit progress invoices to Client in duplicate showing the services performed during the invoice period and the charges therefore. Within thirty (30) days after receipt of an invoice, Client shall pay the full amount of the invoice; however, if Client objects to all or any portion of any invoice, it shall so notify E2 ManageTech of the same within fifteen (15) days from date of receipt of invoice and shall pay that portion of the invoice not in dispute. The parties shall immediately make every effort to settle the disputed portion of the invoice. This fee schedule contains confidential business information and is not to be copied or distributed for any purpose other than the use intended in this contract or proposal. GoconfcMinanmmant Rorvirnc r;nnfirdPntial 2/10/2009 L COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT National City, California 23 MEETING DATE March 3, 2009 AGENDA ITEM NO. ITEM TITLE RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF-- THE CITY OF NATIONAL CITY APPROVING AND ADOPTING THE FY 2008-2009 MID -YEAR BUDGET CHANGES PREPARED BY Jeanette Ladri Finance Direct PA DEPARTMENT Finance 336-4331 EXPLANATION In June 2008, the CDC adopted a budget for FY 2008-2009. As in each budget year, staff must make revisions to the original budget due to changes in the economy, operating needs, laws and regulations, etc. As part of the mid -year review, the Finance Director projected the CDC's revenues and expenditures to what it could be at June 30, 2009. The Finance Director and Financial Services Officer met with each department, discussed the financial projections and took into consideration their needs to adjust their departmental budget. The Finance Director summarized the revisions and brought them forward to the City Manager's Office for final approval. Attached is the summary of the changes to the FY 2008-2009 budget for CDC review and 'tic, Environmental Review Environmental Review Cfj,/, Financial Statement Any mid -year changes approved by the City Council will amend the FY 2008-2009 Budget accordingly. Account No. STAFF RECOMMENDATION Adopt Resolution BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS 1. Resolution 2. Summary of FY 2008-2009 Mid -Year Budget Changes A-200 (9/80) RESOLUTION NO. 2009 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APPROVING AND ADOPTING THE FY 2008-2009 MID -YEAR BUDGET CHANGES WHEREAS, on September 16, 2008, the Community Development Commission of the City of National City ("CDC") adopted a budget for FY 2008-2009 that was modeled on the FY 2007-2008 budget with minor modifications; and WHEREAS, due to changes in the economy, operating needs, laws and regulations, adjustments to revenue and expenditure budgets would be made at mid -year review; and WHEREAS, the Finance Director and Financial Services Officer met with CDC departments, discussed financial projections and departmental budgetary needs, and forwarded recommendations to the City Manager; and WHEREAS, the City Manager has recommended approval of the mid -year budget changes as summarized in the attached Exhibit "A". NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby approves and adopts the FY 2008-2009 mid- year budget changes, attached hereto as Exhibit "A". PASSED and ADOPTED this 3rd day of March, 2009. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III City Attorney Exhibit -A MID -YEAR BUDGET CHANGES FY 2008-2009 Account REVENUE 511- Tax increment 511-00000-3999 Total Tax Increment EXPENDITURES 261 - Debt Service Fund 261-445-000-210-0000 261-445-000-210-0006 261-445-000-210-0007 261-445-000-210-0004 261-445-000-210-0003 261-445-000-210-0005 261-445-000-210-0008 261-445-000-210-0009 261-445-000-470-0003 261-445-000-480-0003 261-409-000-099-0000 Total Debt Service Fund 511- Tax Increment 511-445-466-** Total Tax Increment Amount Description (2,000,000) Decrease operating transfer from Debt service fund (2,000,000) 1,665 113,340 69,350 18,697 8,333 825,981 16,378 49,832 317,700 178,615 (2,000,000) (1,503,685) 220,420 220,420 522 - Low & Moderate 20% Housing 522-409-500-598-3933 522-445-465-* 522-445-466-* Total Low & Moderate 20% Set Aside 497,534 (375,000) (375,000) (252,466) Lower Sweetwater Fire Gen Elem National Sweetwater Union High School SWC College County Office of Educaiton City of National City CWA City of National City MWD D/S Remainder of SDCWA 18% of principal payment for 2005-A TAB 18% of interest payment for 2005-A TAB Decrease transfer to Capital Project Fund Healthy biomes Program Match Casa Familiar Lead Control Program Healthy Homes Program 1 of 1 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE March 3, 2009 AGENDA ITEM NO. 24 ITEM TITLE A resolution approving an Exclusive Negotiation Agreement with The Related Companies of California and Community Housing Works based on a competitive Request for Qualifications process conducted for consideration of a transit -oriented infill mixed use and affordable housing project to potentially include 300 - 360 affordable housing units east and west of Paradise Creek on approximately 10.6 acres owned by the City of National City. PREPARED BY Patricia Beard (ext 4255) Redevelopment Manager DEPARTMENT Redevelopment Division EXPLANATION In order to facilitate implementation of the Westside Specific Plan ("WSP") if adopted by the City Council later this year, staff has been working with the public and City Council to define a conceptual transit -oriented mixed used affordable housing project for the vicinity of the current Public Works Yard (2200 Hoover Ave) that can be analyzed within the context of the WSP Environmental Impact Report ("EIR"). A detailed explanation of this process and the Exclusive Negotiation Agreement ("ENA") presented for consideration with this staff report are explained in the attached Background Report. Environmental Review As required, review under the California Environmental Quality Act will be required prior to a development agreement being presented to the City Council/Communitv Development Commission. Financial Statement The CDC will incur costs to obtain an appraisal of the project site, to analyze the potential land transaction as required by California Redevelopment Law per Health and Safety Code Section 33433, for drafting a Disposition and Development Agreement, for Phase I and 11 analysis of environmental hazards and to complete the Environmental Impact Report for the Westside Specific Plan. Phase I and II costs for the CDC will be reimbursed by the USEPA. The developer will have the conditional ability to be reimbursed a maximum of $25,000 in third party pre -development costs. STAFF RECOMMENDATION Adopt the resolution. BOARD / COMMISSION RECOMMENDATION Not applicable. STRATEGIC GOAL 3e) Support open spaces such as Paradise Creek Education Park, 5b) Complete WSP and analyze comprehensive implementation strategy, 6b) develop affordable housing by leveraging resources. J i ATTACHMENTS 1. Background Report 2. Proposed ENA 3. RFQ Submittal Resolution No. RESOLUTION NO. 2009 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN EXCLUSIVE NEGOTIATION AGREEMENT WITH THE RELATED COMPANIES OF CALIFORNIA AND COMMUNITY HOUSING WORKS FOR A TRANSIT -ORIENTED INFILL MIXED -USE AND AFFORDABLE HOUSING PROJECT WHEREAS, the City of National City ("City") owns approximately 10.6 acres at 2200 Hoover Avenue, commonly referred to as the Public Works site (Assessor Parcel Numbers 560-396-06, 560-391-08, 560-206-03, and 559-124-05, plus public right of ways) ("CDC Site"); and WHEREAS, the City is considering transferring title of these properties to the Community Development Commission of the City of National City ("CDC") for the purposes of redeveloping the site; and WHEREAS, the CDC is interested in having the CDC Site developed into a transit -oriented mixed -use development consisting of affordable housing units, retail sites, and enhancement to Paradise Creek, (the "PROJECT") all of which was part of a Request for Qualifications previously issued; and WHEREAS, the City is undertaking a planning process for the Westside area of National City known as the Westside Specific Plan, and an accompanying Environmental Impact Report ("EIR"), which are currently being prepared and are anticipated to be brought before the City Council for a public hearing and decision in approximately June, 2009; and WHEREAS, the Westside Specific Plan includes a transit -oriented development, consistent with what was called out in the Request for Proposal, and which is part of the EIR analysis; and WHEREAS, the CDC issued a Request for Qualifications seeking qualifications from experienced non-profit or for -profit developers to: 1) enter into an Exclusive Negotiation Agreement to complete due diligence and design, followed by a Disposition and Development Agreement to transform this property into affordable housing with linkages to the 24`h Street Metropolitan Transit System Trolley Station, to enhance Paradise Creek, expand the Paradise Creek Education Park; and, 2) prepare and provide a mechanism for ongoing program management for a home ownership "incubator" to provide training and services to empower tenants within the project to more effectively pursue home ownership; and WHEREAS, The Related Companies of California and Community Housing Works (collectively, "DEVELOPER") responded jointly to the RFQ to partner in development and ownership of all affordable housing, to prepare and provide educational and community building programs and resident services for all affordable housing in the PROJECT, and provide a mechanism for ongoing program management for a home ownership "incubator" to provide training and services to empower tenants within the project to more effectively pursue home ownership; and Resolution No. 2009 — March 3, 2009 Page 2 WHEREAS, DEVELOPER is interested in assembling this site, plus adjacent lands within the City of National City to develop a mixed -use retail and affordable housing development, consisting of approximately 300-360 affordable residential units, retail floor area to provide support services and a personal finance incubator for the project, and enhancement of the Paradise Creek, consistent with the transit -oriented development proposed in the Westside Specific Plan currently being drafted; and WHEREAS, DEVELOPER is interested in preparing and providing a mechanism for ongoing program management for a home ownership "incubator" to provide training and services to empower tenants with the project to more effectively pursue home ownership; and, WHEREAS, the CDC, and DEVELOPER, desire to enter into an Exclusive Negotiating Agreement to initiate exclusive negotiations for up to three hundred and sixty-five (365) days (hereafter referred to as "EXCLUSIVE NEGOTIATION PERIOD") to allow DEVELOPER to (i) undertake due diligence activities regarding the PROJECT; (ii) develop the conceptual development plan of the PROJECT; (iii) establish the responsibilities, schedule, and financial parameters for developing the PROJECT; (iv) negotiate the purchase price of the CDC site; (v) negotiate a Disposition and Development Agreement; and (vi) develop conceptual program for providing financial fitness and home ownership training and for resident services for residents of the project; (vii) assure that the site and design plans include community space facilities needed to effectively accommodate resident services including financial fitness and ownership training; and, (viii) prepare a conceptual business plan and budget for ongoing incubator programming, including identifying sources of funding for program components and likely staffing needs. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City authorizes the Mayor to execute the Exclusive Negotiation Agreement with The Related Companies of California and Community Housing Works for a transit -oriented infill mixed -use and affordable housing project. Said Exclusive Negotiation Agreement in on file in the office of the City Clerk. PASSED and ADOPTED this 3rd day of March, 2009. Ron Morrison, Chairman ATTEST: APPROVED AS TO FORM: Brad Raulston, Secretary George H. Eiser, 111 City Attorney ATTACHMENT 1 BACKGROUND REPORT Chronology: Since 2005 the City has been conducting a public process to create the Westside Specific Plan in the area west of the Mile of Cars and east of Interstate 5, south of Civic Center Drive and north of Mile of Cars Way. The purpose of the plan is to provide zoning and development standards to ease land use incompatibilities caused by the current zoning of mixed industrial -residential uses in the area. As discussions of the WSP became more specific leading up to commencement of the Environmental Impact Report required by the California Environmental Quality Act, the City CounciVCDC expressed a desire to capitalize on "smart growth" funding opportunities presented in the area of the 24th Street Metropolitan Transit System Trolley Station. Both state and federal grants offered an opportunity to leverage funds to provide an increased amount of affordable housing desired by WSP-area residents and the City Council. In February, 2008 the Executive Director requested the Urban Land Institute convene a Technical Advisory Panel ("ULITAP") to meet on site and provide expert consultation to the City about creating a Transit -Oriented Development in the vicinity of the National City Public Works Center. The Center is within the proximity to the Trolley Station required under most "smart growth" grant opportunities. On March 18, 2008 the City CounciVCDC approved 13 "Points of Direction" to staff about housing prototypes, development standards and sub -zones within the WSP. Among these, staff was directed to incorporate recommendations from the ULITAP into a Transit -Oriented Development overlay area centered on the Public Works Center and to maximize affordable housing and enhance Paradise Creek within this area of the WSP. On September 2, 2008, the CDC retained Pyatok Architects, Inc. to conduct a community design process for the Transit -Oriented Development based on the ULITAP. Community meetings were convened at Kimball Elementary School and Casa de Salud to allow residents and property owners the opportunity to work with modeling kits to create a conceptual plan showing how Paradise Creek could be enhanced and how affordable housing could be massed within the footprint identified by the City Council and ULITAP. The resulting concept design has not been presented to the City Council and is not considered a policy document however it does assist staff in understanding the types of amenities and scope of a project that may be welcomed within the neighborhood. The focus of these increasingly detailed and specific discussions about the Transit Oriented Development was to provide a project description for analysis in the EIR for the WSP. If adequate environmental review, zoning and development standards could be incorporated for City Council consideration into the WSP, a real project, if financially feasible and depending on the ability to relocate all or a portion of the Public Works Center in the near term, could conceivably break ground within months of a possible WSP approval. Tangible early implementation of a project within the WSP is a mutual goal of the City Council and neighborhood organizing groups. As staff increased its research on leveraging grant funds (primarily California Proposition 1 C funds) to assist such a project, it was learned that in virtually all cases affordable housing developers were the recipients of grants in the first round of funding (2008). On October 21, 2008 the CDC approved staff's request to issue a Request for Qualifications ("RFQ") to secure an affordable housing developer, partnered with a non-profit social service provider, to assist in project design and to apply for Proposition 1 C funds. The CDC's objective was to win state grants funds in 2009, if at all possible, and to be prepared to successfully apply in 2010 if a 2009 application was not funded. A "readiness" requirement of these multi -million dollar grants may require that the EIR and WSP are certified and adopted before an award can be won. The State of California recently announced that applications for the 2009 Prop 1 C funds are due this April. RFQ Process: On November 24, 2008, the closing day of the RFQ submittal period, six affordable housing developers submitted packages for consideration. Staff "short-listed" this group to three firms for interviews based on criteria established within the RFQ and by the Executive Director. A committee including the Executive Director, Housing and Grants Manager, Redevelopment Manager, Associate Planner, Principal Sonia Ruan of Kimball Elementary School, and Board of Education member Alma Graham participated in the interviews. At the conclusion of the process the committee recommended the Related Companies of California in partnership with Community Housing Works for selection as a development team to continue work on the Transit Oriented Development with the City. The ENA: If approved by the CDC, the ENA establishes a period of one year for Related Companies of California and Community Housing Works to complete due diligence to determine whether the project is feasible at the same time that zoning, development standards and environmental review are being completed. This due diligence will include the developer, at its sole expense, applying for Proposition 1 C funding and the CDC, at its expense and/or utilizing grant funds, providing Phase I and II hazardous investigations of the City properties. The CDC will also agree to expend its funds for appraisals and financial analysis required by California Redevelopment Law as well as the use of outside counsel to draft a Development and Disposition Agreement for Board consideration. If the project does not prove to be feasible, the developer may request reimbursement of $25,000 for external consultant expenses but only if the CDC Executive Director has previously approved the budget and schedule under which such charges were incurred. The developer will be responsible for all costs for supplemental environmental analysis under CEQA should the final project description result in impacts not anticipated in the EIR for the WSP. The Executive Director can renew the ENA, under his sole authority, for an additional one year period should such time be deemed necessary to obtain funding or otherwise complete due diligence activities. Community Housing Works will develop program plans for a personal finance/home ownership incubator that will operate within the project. The non- profit will work with the developer to identify the facilities needs and design for programming. They will also produce a business plan for the incubator that addresses staffing needs and sources of funding for ongoing programming. Developer Qualifications: Please see attached RFQ submittal. Following selection by the staff and citizen committee, Related Companies of California filed a lawsuit against the Center City Development Corporation in San Diego. The law suit alleges damages from a terminated ENA and demands $3.9 million in compensation. Note on Economic Conditions: At the time of drafting this staff report the State of California had frozen many funding programs due to the mounting national economic crisis and the Federal Economic Recover Act stimulus package had only recently been approved. It was not known how these State and Federal actions might affect the ability of the CDC and developer to compete for grant funds to assist the project contemplated in this ENA. Staff and the developer intend to vigorously pursue any and all opportunities presented regionally, statewide and/or federally, as well as foundation sources to implement this project should the WSP and EIR be certified and adopted. Attachment 2 EXCLUSIVE NEGOTIATION AGREEMENT BY AND BETWEEN COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF' NATIONAL CITY, THE RELATED COMPANIES OF CALIFORNIA, AND COMMUNITY HOUSINGWORKS THIS EXCLUSIVE NEGOTIATION AGREEMENT (hereinafter referred to as "AGREEMENT") is entered into this 3rd day of March, 2009, by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a public body, corporate and politic (hereinafter referred to as "CDC"), and both THE RELATED COMPANIES OF CALIFORNIA, LLC and COMMUNITY HOUSINGWORKS, (collectively referred to as "DEVELOPER") on the terms and provisions set forth below. RECITALS WHEREAS, the City of National City ("City") owns approximately 10.6 acres at 2200 Hoover Avenue commonly referred to as the Public Works site (Assessor Parcel Numbers 560- 396-06, 560-391-08, 560-206-03, 5.59-124-05 plus public right of ways) ("CDC SITE"); and, WHEREAS, the City is considering transferring title of these properties to the Community Development Commission of the City of National City for the purposes of redeveloping the site; and, WHEREAS, the CDC is interested in having the CDC SITE developed into a transit oriented mixed use development consisting of affordable housing units, retail sites, and enhancement to Paradise Creek, all of which was part of a Request for Qualifications previously issued; and, WHEREAS, the City of National City is undertaking a planning process for the Westside area of National City, known as the Westside Specific Plan and accompanying Environmental Impact Report ("EIR"), which are currently being prepared and are anticipated to be brought before the City of National City for a public hearing and decision in approximately June, 2009; and, WHEREAS, the Westside Specific Plan includes a transit oriented development, consistent with what was called out in the Request for Proposal, and which is part of the EIR analysis; and, WHEREAS, the CDC issued a Request for Qualifications seeking qualifications from experienced non-profit or for profit developers to: 1) enter into an Exclusive Negotiation Agreement to complete due diligence and design, followed by a Disposition and Development Agreement to transform this property into affordable housing with linkages to the 24th Street Page 1 of 17 ENA TOD WESTSIDE CDC, RELATED, COMM'Y HSNGWRKS TOD Wcstside ENA final 2 25 09 (by CDC) (2) Metropolitan Transit System Trolley Station, to enhance Paradise Creek, expand the Paradise Creek Education Park; and, 2) prepare and provide a mechanism for ongoing program management for a home ownership "incubator" to provide training and services to empower tenants within the project to more effectively pursue home ownership; WHEREAS, THE RELATED COMPANIES OF CALIFORNIA, LLC and COMMUNITY HOUSINGWORKS responded jointly to the RFQ to participate in design and development of the CDC SITE, and have entered into a Memorandum of Understanding between themselves, and these two entities are jointly referred to as DEVELOPER throughout this AGREEMENT; WHEREAS DEVELOPER responded to the RFQ to participate in design and development of the CDC SITE, to partner in development and ownership of all affordable housing, to prepare and provide educational and community building programs and resident services for all affordable housing in PROJECT, and to prepare and provide a mechanism for ongoing program management for a home ownership "incubator" in order to provide financial fitness and ownership training and resident services to empower tenants within the project to more effectively pursue home ownership; WHEREAS, the DEVELOPER is interested in assembling this site, plus adjacent lands within the City of National City, and to develop a mixed -use retail and affordable housing development, consisting of approximately 300-360 affordable residential units, retail floor area to provide support services and a personal finance incubator for the project, and enhancement of the Paradise Creek ("PROJECT"), consistent with the transit oriented development proposed in the Westside Specific Plan currently being drafted; WHEREAS, the DEVELOPER is interested in preparing and providing a mechanism for ongoing program management for a home ownership "incubator" in order to provide financial fitness and homeownership training and resident services to empower tenants with the project to more effectively pursue home ownership; and, WHEREAS, the CDC and the DEVELOPER desire to enter into this AGREEMENT to initiate exclusive negotiations for up to three hundred sixty-five (365) days (hereinafter referred to as "EXCLUSIVE NEGOTIATION PERIOD") to allow the DEVELOPER to (i) undertake its DUE DILIGENCE activities defined within Section II.C. of this agreement; (ii) develop the CONCEPTUAL DEVELOPMENT PLAN per Section II.B of this agreement; (iii) establish the responsibilities, schedule, and financial parameters for developing the PROJECT; (iv) negotiate the purchase price of the CDC SITE; (v) negotiate a Disposition and Development Agreement (hereinafter referred to as "DDA"), and (vi) develop conceptual program for providing financial fitness and home ownership training and for resident services for residents of the project; (vii) assure that the site and design plans include community space facilities needed to effectively accommodate resident services including financial fitness and ownership training; and, (viii) prepare a conceptual business plan and budget for ongoing incubator programming, including identifying sources of funding for program components and likely staffing needs. Page 2 of 17 ENA TOD WESTSIDE CDC, RELATED, COMM'Y HSNGWRKS TOD Westside ENA final 2 25 09 (by CDC) (2) NOW, THEREFORE, in consideration of the recitals and mutual covenants and conditions contained herein, the parties hereto agree as follows: I. CDC SITE The CDC SITE constitutes the real property that is the subject of this AGREEMENT. It is the intent of the parties that the CDC SITE is comprised of properties located within the City of National City. The CDC SITE includes approximately 10.6 acres of properties owned by the City of National Citz in the vicinity of 2200 Hoover Avenue roughly bounded by 22" Street, Hoover Avenue, 19' Street, Harding Avenue, 21st Street and Wilson Avenue located within the City of National City - Assessor Parcel Numbers 560-396-06, 560- 391-08, 560-206-03, 559-124-05 plus public right of ways, as shown on Exhibit A. The exact number of affordable residential units and square footage of the CDC SITE will be determined during the site planning activities outlined below. II. EXCLUSIVE NEGOTIATION PERIOD A. Exclusive Negotiation Period The EXCLUSIVE NEGOTIATION PERIOD begins when the CDC executes this AGREEMENT (hereinafter referred to as "COMMENCEMENT DATE") and shall last for three hundred and sixty five (365) days thereafter. B. First Negotiation Period During the first one hundred eighty (180) days of the EXCLUSIVE NEGOTIATION PERIOD (hereinafter referred to as "FIRST NEGOTIATION PERIOD"), the DEVELOPER and CDC shall meet regularly, in good faith, and jointly formulate a plan to develop the PROJECT (hereinafter referred to as "CONCEPTUAL DEVELOPMENT PROGRAM"). elements: The Conceptual Development Program shall include and delineate the following 1. The type and scope of the PROJECT; 2. The interface of a phased development with the complete build out of the CDC SITE; 3. Required on and off -site infrastructure improvements; 4. PROJECT, infrastructure, and state and local regulatory requirement cost; Page 3 of 17 ENA TOD WESTSIDE CDC, RELATED, COMM'Y HSNGWRKS TOD Westside ENA final 2 25 09 (by CDC) (2) 5. Proposed funding responsibilities and sources for the PROJECT; 6. The parties/entities responsible for the various PROJECT development activities; and, 7. A detailed PROJECT development schedule. C. DUE DILIGENCE Also, during the FIRST NEGOTIATION PERIOD, the CDC and DEVELOPER, as applicable, shall conduct their respective DUE DILIGENCE activities, including but not limited to: 1. DEVELOPER'S timely delivery and submission to the CDC of sufficient evidence that the DEVELOPER is financially viable with proposed sources of equity and financing required to complete site development; 2. DEVELOPER'S timely review of preliminary title report information prepared for the CDC SITE; 3. DEVELOPER'S timely investigation of the CDC SITE including review of CDC's WSP EIR, Phase I and II Environmental Assessments, and other CDC generated studies required to certify the EIR. In conjunction therewith, and subject to the DEVELOPER receiving all prior governmental approvals and agreeing to all conditions of such approvals, DEVELOPER and its consultants and agents shall have the right to enter upon the CDC SITE to conduct tests, studies, and investigations pursuant to an Early Entry Agreement, the form of which is attached hereto and incorporated herein as Exhibit 1; and, 4. DEVELOPER'S timely submission of the Conceptual Development Program to the CDC for review and comment. D. CONCEPTUAL DEVELOPMENT PROGRAM Submission/Entitlements/Environmental Review By the end of the FIRST NEGOTIATION PERIOD, DEVELOPER shall submit its CONCEPTUAL DEVELOPMENT PROGRAM for the PROJECT, which includes a conceptual site plan, representative floor plans, representative exterior elevations and project description and phased project schedule for review and consideration of acceptance by the Board of Directors of the CDC (hereinafter referred to as "CDC BOARD"). Upon the acceptance of the Desigp Concept Plan by the CDC BOARD, the DEVELOPER shall prepare and process with the City any necessary land use entitlements, environmental studies and reports. Page 4 of 17 ENA TOD WESTSIDE CDC, RELATED, COMM'Y I1SNGWRKS TOD Westside ENA final 2 25 09 (by CDC) (2) E. DDA Following Design Concept Plan acceptance by the CDC BOARD, and the close of the FIRST NEGOTIATION PERIOD, the CDC agrees to negotiate exclusively with the DEVELOPER for the remaining one hundred eighty (180) days of the EXCLUSIVE NEGOTIATION PERIOD (hereinafter referred to as "SECOND NEGOTIATION PERIOD") in order to negotiate and attempt to finalize the DDA. During the FIRST NEGOTIATION PERIOD AND THE SECOND NEGOTIATION PERIOD, the CDC and the Developer shall negotiate diligently and in good faith to attempt to finalize the DDA. If, at the close of the SECOND NEGOTIATION PERIOD, the CDC and DEVELOPER have not agreed to the terms of the DDA, this AGREEMENT shall automatically terminate. Notwithstanding the above, the CDC's Executive Director, or designee, in his or her sole discretion, may extend the Negotiation Period for up to an additional three hundred and sixty five (365) days to complete DDA negotiations, the land use entitlements and the environmental studies, if the CDC's Executive Director determines additional time is reasonably required. Special consideration shall be given to the extension given the intent of the parties of this AGREEMENT to apply for Proposition 1C Transit Oriented Development Program and lnfill Infrastructure Grant Program funding in 2010. F. Execution of DDA After the DEVELOPER and the CDC staff tentatively agree upon the DDA, the EXCLUSIVE NEGOTIATION PERIOD shall be extended for up to an additional one hundred eighty (180) days at the discretion of the CDC's Executive Director, or designee (hereinafter referred to as "THIRD NEGOTIATION PERIOD") in order to enable the CDC and the City to: 1. Notice and conduct a public hearing pursuant to Section 33433 of the California Health and Safety Code on the DDA; 2. Process site development, environmental and entitlement applications through the City's Planning Commission and City Council; and, 3. Present the DDA to the Community Development Commission Board for approval at a Community Development Commission meeting. The CDC agrees that during the EXCLUSIVE NEGOTIATION PERIOD, and during all of its extensions, the CDC shall not negotiate or enter into an agreement with any other person or entity regarding development of the CDC SITE, unless it is with the expressed consent of DEVELOPER. The obligation to negotiate in good faith requires the respective parties to communicate with each other with respect to those issues for which agreement has not been reached, and such communication to follow reasonable negotiation procedures, including meetings, telephone conversations, and correspondence. The parties understand that final accord Page 5 of 17 ENA TOD WESTSIDE CDC, RELATED, COMM'Y HSNGWRKS TOD Westside ENA final 2 25 09 (by CDC) (2) on all issues may not be reached. It is also understood that: (1) neither party is under any obligation to reach agreement on the CDC SITE purchase price and/or DDA; and, (2) the CDC reserves the right to approve or reject a DDA, the Project, or any disposition of the CDC SITE, in its sole discretion, as more particularly set forth in Part III of this AGREEMENT. G. CDC and DEVELOPER Obligations During the EXCLUSIVE NEGOTIATION PERIOD, the CDC and DEVELOPER'S obligations shall include, but not be limited to, the following: 1. CDC Obligations a. Provide the DEVELOPER with documents in the CDC's possession that would assist the DEVELOPER with the DUE DILIGENCE activities described in this AGREEMENT; b. Upon acceptance of the Conceptual Development Program and verification of PROJECT's proposed financial sources of financing to both purchase and develop the PROJECT, prepare a first draft of a DDA; c. Complete preparation of the Westside Specific Plan and accompanying EIR, and take both documents to City Council for consideration; d. Complete Phase I and Phase II Environmental Assessment prior to Proposition 1C's 2010 Transit Oriented Development (TOD) and Infi11 Infrastructure Grant (IIG) application deadline; e. Work with the DEVELOPER to coordinate the DEVELOPER's Conceptual Development Program with the EIR in order to minimize the potential for future amendments to the EIR; f. Use balance of CDC's contract with Pyatok Architects, Inc., as deemed appropriate by the Executive Director, to pay for site plan coordination meetings, site plan updates, changes to site plan, developing floor plans and elevations; and, g. Assist DEVELOPER in outreach efforts by helping to coordinate with other City of National City departments and leaders. Page 6 of 17 ENA TOD WESTSIDE CDC, RELATED, COMM'Y HSNGWRKS TOD Westside ENA final 2 25 09 (by CDC) (2) 2. Developer Obligations a. Use its best efforts to investigate the CDC SITE including review of CDC's WSP EIR, Phase I and II Environmental Assessments, and other CDC generated studies required to certify the EIR; b. Submit conceptual Project CDC SITE plans, elevations, conceptual drawings, detailed Project development cost estimates, pro formas for CDC SITE improvements as well as a pro forma summarizing the total Project and respective returns and other documents necessary for CDC and City review; c. Submit viable financial plan with proposed sources of funding or funding commitments for the PROJECT; d. Apply for California Department of Housing and Community Development Proposition 1C TOD and IIG funds and/or grants in 2009 and other grants or financial incentives as appropriate, which includes, working with CDC to develop conceptual phasing of site plans for submission, providing financial analysis of each of the proposed phases of the PROJECT, identifying other possible sources of financing for the PROJECT, and coordinating and reaching out to the community and stakeholders; e. Apply for subsequent rounds of Proposition 1C TOD and IIG funds and/or grants, if unsuccessful in earlier rounds which includes the same work described in the paragraph above; f. Lead outreach efforts for PROJECT; g. Work concurrently with the CDC to coordinate the DEVELOPER's Conceptual Development Program with the EIR in order to minimize the potential for future amendments to the EIR; h. Develop conceptual programming for providing financial fitness and home ownership training prior to and following construction of the PROJECT, and for resident services for residents of the PROJECT; Page 7 of 17 ENA TOD WESTSIDE CDC, RELATED, COMM'Y HSNGWRKS TOD Westside ENA final 2 25 09 (by CDC) (2) Assure that the site and affordable multifamily development design plans include community space facilities needed to effectively accommodate resident services including financial fitness and homeownership training; and Prepare a conceptual business plan and budget for ongoing incubator programming. The business plan should identify sources of funding for program components and likely staffing needs. III. RETENTION OF DISCRETION TO APPROVE THE PROJECT AND DDA; NO PRE -COMMITMENT It is anticipated that the PROJECT and the DDA providing for its implementation will be presented to the CDC BOARD for approval. The parties understand that the CDC is reserving the right to exercise its discretion as to all matters which it is, by law, entitled or required to exercise its discretion, including, but not limited to the following: A. Approval by the CDC of the Final Project as Contained in the DDA The parties understand that the CDC has the complete and unfettered discretion to reject the DDA without explanation or cause. The risk of loss of all processing, design and developmental costs incurred by the DEVELOPER prior to DDA approval and execution shall be absorbed by DEVELOPER subject to the reimbursement terms per Section VI. B. Review and Approval by the CDC of all Discretionary Findings and Conclusions The duty of the CDC to dispose of the parcel it owns within the CDC SITE shall be conditioned upon the successful review and approval of all necessary findings and conclusions which the CDC BOARD is required to make, including all necessary findings and determinations required under CEQA, state and local land use provisions, and the California Community Redevelopment Law. As to any matter which the CDC may be required to exercise its unfettered discretion in advancing the PROJECT to completion, neither anything contained herein, nor to be contained in the DDA shall obligate the CDC to exercise its discretion in any particular manner, and any exercise of discretion reserved hereunder or required by law, shall not be deemed to constitute a breach of CDC duties under this AGREEMENT. C. No Pre -Commitment by the CDC By its execution of this AGREEMENT, the CDC is not committing itself to, or agreeing to undertake, any activity requiring the subsequent exercise of discretion by the CDC, or any department thereof including, but not limited to, the approval and execution of a DDA; the proposal, amendment, or approval of any land use regulation governing the CDC SITE; the Page 8 of 17 ENA TOD WESTSIDE CDC, RELATED, COMM'Y HSNGWRKS TOD Wcstsidc ENA final 2 25 09 (by CDC) (2) provision of any financial assistance for the development of any public or private interest in real property; the acquisition of real property; or any other such activity. This AGREEMENT does not constitute a disposition of property or exercise of control over property by the CDC and does not require a public hearing. CDC execution of this AGREEMENT is merely an agreement to enter into a period of exclusive negotiations according to the terms hereof, reserving final discretion and approval by the CDC as to any proposed DDA and all proceedings and decisions in connection therewith. IV. THE DEVELOPER A. Developer's Experience As a condition precedent to the CDC's execution of this AGREEMENT, DEVELOPER shall have submitted to the CDC a detailed description of the development experience of the DEVELOPER and its principals, associates, employees, partners, and joint ventures. B. Offices of the Developer The principal offices of DEVELOPER are located at: 18201 Von Karman Avenue, Suite 900 Irvine CA 92612 (telephone) 949-660-7272 The Project Manager for the DEVELOPER will be Rick Westberg. Other employees, consultants, or representatives of DEVELOPER who are proposed to be directly involved in the Project will be identified by DEVELOPER and submitted to the CDC. C. Full Disclosure The DEVELOPER shall maintain full disclosure to the CDC of its principals, officers, stockholders, partners, joint ventures, and all other pertinent information concerning the DEVELOPER. D. Assignment The DEVELOPER shall not assign this Agreement without prior written approval of the CDC. The CDC agrees that, notwithstanding the foregoing, the DEVELOPER may assign their rights under this AGREEMENT to a corporation, trust, limited liability company or Page 9 of 17 ENA TOD WESTSIDE CDC, RELATED, COMM'Y HSNGWRKS TOI) Westside ENA final 2 25 09 (by CDC) (2) partnership of which the DEVELOPER or Related Company (or affiliates thereof) owns the majority beneficial interest and operational control. E. Progress Reports The DEVELOPER agrees to provide, upon request, written reports advising the CDC on progress and/or problems with the proposed development every sixty (60) days during the term of the AGREEMENT. V. ENVIRONMENTAL REQUIREMENTS The City of National City is currently undertaking a planning process for that area known as the Westside. Specifically, the City is preparing the Westside Specific Plan ("WSP") and the accompanying EIR. A mixed use transit oriented development is part of the WSP and EIR. Thus, DEVELOPER's PROJECT may possibly not require any further environmental review if the PROJECT's impacts have already been analyzed in a certified EIR. CDC will be responsible for all subsequent environmental assessments, studies and reports that are required by the WSP EIR, the Phase I Environmental Assessment, or the Phase II Environmental Assessment. DEVELOPER shall be responsible for preparing any additional environmental review, beyond those required by the WSP EIR, the Phase I or Phase II Environmental Assessments, if necessitated by changes in the PROJECT. VI. REIMBURSEMENT OF PREDEVELOPMENT EXPENSES PAID PRIOR TO APPROVAL OF PROPOSITON IC FUNDING A. City Discretionary Entitlements DEVELOPER is entitled to reimbursement from the CDC of its predevelopment expenses if DEVELOPER, after exhausting all reasonable efforts, is unable to obtain approval by the City of National City of necessary discretionary entitlements, which are within the City's discretion to approve, in time to apply for the third round of Proposition 1C funding and/or grants. The determination of what entitlements must be approved by the City of National City will be determined by what the third round application for Proposition IC funding requires as unequivocally necessary to apply for funding. The deadline anticipated for the third round of Proposition 1C funding is anticipated to occur around February, 2010. The predevelopment expenses referred to in this section specifically exclude any internal costs incurred and expended by DEVELOPER or any of DEVELOPER's affiliates. Predevelopment expenses specifically exclude any expenses related to the Proposition 1C funding and/or grant application process undertaken by DEVELOPER. Predevelopment expenses also exclude any legal costs or expenses incurred by DEVELOPER, DEVELOPER's affiliates, or third parties. Predevelopment expenses do include third party costs by companies not affiliated with DEVELOPER for architectural work, engineering work, market studies, and cost estimates. Page 10 of 17 ENA TOD WESTSIDE CDC, RELATED, COMM'Y HSNGWRKS TOD Westside ENX final 2 25 09 (by CDC) (2) Any reimbursement of predevelopment expenses is subject to DEVELOPER having received prior approval by the CDC Executive Director of its budget and timeline for DEVELOPER's predevelopment expenses. The total of all reimbursements pursuant to Section VI cannot exceed a total of twenty-five thousand dollars ($25,000). B. WSP Approvals DEVELOPER is entitled to reimbursement from the CDC of its predevelopment expenses if the City of National City denies approval of the WSP or approval is not obtained at least sixty (60) days prior to Proposition 1C 2010 application deadline. The predevelopment expenses referred to in this section specifically exclude any internal costs incurred and expended by DEVELOPER or any of DEVELOPER's affiliates. Predevelopment expenses specifically exclude any expenses related to the Proposition 1C funding and/or grant application process undertaken by DEVELOPER. Predevelopment expenses also exclude any legal costs or expenses incurred by DEVELOPER, DEVELOPER's affiliates, or third parties. Predevelopment expenses do include third party costs by companies not affiliated with DEVELOPER for architectural work, engineering work, market studies, and cost estimates. Any reimbursement of predevelopment expenses is subject to DEVELOPER having received prior approval by the CDC Executive Director of its budget and timeline for DEVELOPER's predevelopment expenses. The total of all reimbursements pursuant to Section VI cannot exceed a total of twenty-five thousand dollars ($25,000). C. WSP EIR and Environmental Assessment Report DEVELOPER is entitled to reimbursement from the CDC of its predevelopment expenses if CDC does not obtain WSP EIR certification and the Phase I and Phase II Environmental Assessment, at least sixty (60) days before the Proposition IC 2010 application deadline. The predevelopment expenses referred to in this section specifically exclude any internal costs incurred and expended by DEVELOPER or any of DEVELOPER's affiliates. Predevelopment expenses specifically exclude any expenses related to the Proposition 1C funding and/or grant application process undertaken by DEVELOPER. Predevelopment expenses also exclude any legal costs or expenses incurred by DEVELOPER, DEVELOPER's affiliates, or third parties. Predevelopment expenses do include third party costs by companies not affiliated with DEVELOPER for architectural work, engineering work, market studies, and cost estimates. Any reimbursement of predevelopment expenses is subject to DEVELOPER having received prior approval by the CDC Executive Director of its budget and timeline for DEVELOPER's predevelopment expenses. The total of all reimbursements pursuant to Section VI cannot exceed a total of twenty-five thousand dollars ($25,000). Page 11 of 17 ENA TOD WESTSIDE CDC, RELATED, COMM'Y HSNGWRKS TOD Westside ENA final 2 25 09 (by CDC) (2) D. Documents to CDC prior to reimbursement Prior to any reimbursement paid to DEVELOPER by CDC, DEVELOPER shall deliver to the CDC the following: 1) all predevelopment documents; 2) an absolute and unconditional assignment to DEVELOPER's right, title, and interest in and to any and all predevelopment documents; and, 3) written consent to such assignment of any architect or engineer who has any right, title, or interest in or to said predevelopment documents. VII. REAL ESTATE COMMISSIONS The CDC has not engaged a broker, agent, or finder in connection with this transaction. As such, the CDC will not be responsible for any claims by a broker, agent or finder, and the DEVELOPER agrees to defend, indemnify, protect and hold the CDC harmless from any claim by any broker, agent, or finder retained by the DEVELOPER. VIII. GENERAL PROVISIONS A. Legal Actions 1. Institution of Legal Actions In addition to any other rights or remedies, either party may institute legal action to cure, correct or remedy any default, to recover actual damages for any default, or to obtain any other remedy consistent with the purposes of this AGREEMENT; provided, however, that Paragraph C of this Part VIII shall supersede any conflicting provisions of this Paragraph A.1. Such legal actions must be instituted and maintained in the Superior Court of the County of San Diego, State of California, or in any other appropriate court in that county. 2. Applicable Law The laws of the State of California shall govern the interpretation and enforcement of this AGREEMENT. 3. Acceptance of Service of Process In the event that any legal action is commenced by the DEVELOPER against the CDC, service of process on the CDC shall be made by personal service upon the Executive Director or Secretary of the CDC, or in such other manner as may be provided by law. In the event that any legal action is commenced by the CDC against the DEVELOPER, service of process on the DEVELOPER shall be made by personal service upon the DEVELOPER or in such other manner as may be provided by law, and shall be valid whether made within or without the State of California. DEVELOPER's agent for service of process is CSC -Lawyers Incorporating Service, whose address is P.O Box 13397, Philadelphia, PA 19101-3397. Page 12 of 17 ENA TOD WESTSIDE CDC, RELATED, COMM'Y HSNGWRKS TOD Westside ENA final 2 25 09 (by CDC) (2) B. Rights and Remedies are Cumulative Except as otherwise expressly stated in this AGREEMENT, the rights and remedies of the parties are cumulative, and the exercise by either party of one or more of its rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. C. Specific Performance as Developer's Exclusive Remedy Subject to the DEVELOPER'S right to terminate this AGREEMENT in accordance with the terms of Paragraph E of this Part VIII , the DEVELOPER'S exclusive remedy for an uncured CDC default under this AGREEMENT is to institute an action for specific performance of the terms of this AGREEMENT, and in no event shall the DEVELOPER have the right, and the DEVELOPER expressly waives the right, to seek monetary damages of any kind, including but not limited to actual damages, economic damages, consequential damages, or lost profits, from the CDC in the event of a default by the CDC under this AGREEMENT or any action related to this AGREEMENT. Notwithstanding the foregoing, the DEVELOPER shall retain the right to request reimbursement of predevelopment expenses as permitted under Section VI of this Agreement, and to seek a writ of mandate in the event of any final denial by the CDC of any CDC permit or approval pertaining to the PROJECT. D. Attorney's Fees If any party to this AGREEMENT is required to initiate or defend litigation in any way connected with this AGREEMENT, the prevailing party in such litigation in addition to any other relief which may be granted, whether legal or equitable, shall be entitled to its actual and reasonable attorney's fees. If any party to this AGREEMENT is required to initiate or defend litigation with a third party because of the violation of any terms or provision of this AGREEMENT by the other party, then the party so litigating shall be entitled to its actual and reasonable attorney's fees from the other party to this AGRFFMENT. As used herein, the term "attorney's fees" shall include attorney's fees incurred related to the foregoing described litigation and for any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other reasonable costs for investigating such action, retaining expert witnesses, taking depositions and discovery, and all other necessary costs incurred in such litigation. All such fees shall be deemed to have accrued on commencement of such action and shall be enforceable whether or not such action is prosecuted to judgment. The parties hereto acknowledge and agree that each such party shall bear its own legal costs incurred in connection with the negotiation, approval, and execution of this AGREEMENT. E. Termination Rights Notwithstanding the nominal EXCLUSIVE NEGOTIATION PERIOD hereinabove set forth, any party may terminate this AGREEMENT if another party has materially defaulted in its obligations herein set forth, and the terminating party has provided the defaulting party with written notification of such determination, and the defaulting party has Page 13 of 17 ENA TOD WESTSIDE CDC, RELATED, COMM'Y HSNGWRKS TOD Westside ENA final 2 25 09 (by CDC) (2) refused to cure same. The written notification shall set forth the nature of the actions required to cure such default if curable. The defaulting party shall have thirty (30) days from the date of the written notification to cure such default; provided, however, if such default cannot reasonably be cured within such thirty (30) day period, the non -defaulting party shall not terminate this AGREEMENT or pursue any other remedies for default hereunder if the defaulting party commences cure within such thirty (30) day period and thereafter diligently prosecutes such cure to completion within the next thirty (30) days. If such default is not cured within the thirty (30) days, or within the subsequent thirty (30) days if commencement of a cure has occurred, the termination shall be deemed effective. For purposes of this paragraph, the parties hereby acknowledge that time is of the essence. Each party shall also have the right to terminate this AGREEMENT in the event that (a) the CDC or the DEVELOPER determines that the PROJECT is infeasible, based on financial or environmental impact considerations, or not in the public interest; or (b) the parties reach an impasse in their negotiation of the DDA which cannot be resolved after good faith efforts; or (c) the parties constituting the DEVELOPER terminate the Memorandum of Understanding between them related to development of this PROJECT for any reason; provided, however, that if either party wishes to terminate this AGREEMENT as a result of the occurrence of any of the events described in subparagraphs (a), (b) or (c) herein, (i) such party shall send written notice thereof to the other party setting forth the occurrence of the applicable event (the "Event Notice"), (ii) the parties shall negotiate diligently and in good faith for a period of thirty (30) days following the delivery of the Event Notice to resolve the issues described therein, and (c) no termination of this AGREEMENT shall be deemed to have occurred unless and until the parties have been unable to resolve the issues described in the Event Notice within such thirty (30) day period. F. Notices Demand and Communications Between the Parties Formal notices, demands, and communications between CDC and DEVELOPER shall be given either by (i) personal service, (ii) delivery by reputable document delivery service such as Federal Express that provides a receipt showing date and time of delivery, or (iii) or by mailing in the United States mail, certified mail, postage prepaid, return receipt requested, addressed to: To CDC: Community Development Commission 1243 National City Boulevard National City, CA 91950 Attn: Brad Raulston, Executive Director Page 14 of 17 ENA TOD WESTSIDE / CDC. RELATED, COMM'Y HSNGWRKS TOD Westside ENA final 2 25 09 (by CDC) (2) With copy to: To Developer: With copy to: To Non-profit: With copy to: CDC Attorney 1243 National City Boulevard National City, CA 91950 Attn: George Eiser The Related Companies of California 18201 Von Karman Avenue, Suite 900 Irvine CA Attn: William Witte, President Community Housing Works (Co -developer) 4305 University Avenue, Suite 550 San Diego CA 92105 Attn: Susan M. Reynolds, President and CEO Dennis Doucette Luce, Forward, Hamilton & Scripps 600 West Broadway, Suite 2600 San Diego, CA 92101 Notices personally delivered or delivered by document delivery service shall be deemed effective upon receipt. Notices mailed in the manner provided above shall be deemed effective on the second business day following deposit in the United States mail. Such written notices, demands, and communications shall be sent in the same manner to such other addresses as either party may from time to time designate by mail. G. Nonliability of City and CDC Officials and Employees No member, official, employee, or contractor of the City or the CDC shall be personally liable to the DEVELOPER in the event of any default or breach by the CDC or for any amount, which may become due to the DEVELOPER or on any obligations under the terms of the AGREEMENT. No member, official, employee, or contractor of the DEVELOPER shall be personally liable to the City or the CDC in the event of any default or breach by DEVELOPER or for any amount, which may become due to the City or the CDC or on any obligations under the terms of the AGREEMENT. Page 15 of 17 ENA TOD WESTSmE CDC, RELATED, COMM'Y HSNGWRKS TOD Westside ENA final 2 25 09 (by CDC) (2) H. Interpretation The terms of this AGREEMENT shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of this AGREEMENT or any other rule of construction which might otherwise apply. The Part and Paragraph headings are for purposes of convenience only, and shall not be construed to limit or extend the meaning of this AGREEMENT. I. Entire Agreement, Waivers, and Amendments This AGREEMENT integrates all of the terms and conditions mentioned herein, or incidental hereto, and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the subject matter hereof. All waivers of the provisions of this AGREEMENT must be in writing and signed by the appropriate authorities of the party to be charged, and all amendments and modifications hereto must be in writing and signed by the appropriate authorities of CDC and DEVELOPER. J. Counterparts This AGREEMENT may be executed in counterparts, each of which, after all the parties hereto have signed this AGREEMENT, shall be deemed to be an original, and such counterparts shall constitute one and the same instrument. K. Successors This AGREEMENT shall be binding upon and shall inure to the benefit of the permitted successors of each of the parties hereto. L. Further Assurances The parties hereto each agree, without further consideration, to execute such other and further documents, and to perform such other and further acts, as may be necessary or proper in order to consummate the transaction set forth in and contemplated by this Agreement. M. Severability In the event any section or portion of this AGREEMENT shall be held, found, or determined to be unenforceable or invalid for any reason whatsoever, the remaining provisions shall remain in effect, and the parties hereto shall take further actions as may be reasonably necessary and available to them to effectuate the intent of the parties as to all provisions set forth in this AGREEMENT. N. Time is of the Essence Time is of the essence for each of the DEVELOPER'S obligations under this AGREEMENT. Page 16 of 17 ENA TOD WESTSIDE CDC, RELATED, COMM'Y HSNGWRKS TOD Westside ENA final 2 25 09 (by CDC) (2) O. Confidentiality The DEVELOPER acknowledges and agrees that the CDC is a public entity with a responsibility and, in many cases, legal obligation to conduct its business in a manner open and available to the public. Accordingly, any information provided by the DEVELOPER to the CDC with respect to the CDC SITE, the PROJECT, the DEVELOPER may be disclosed to the public either purposely, inadvertently, or as a result of a public demand or order. With respect to any information provided that the DEVELOPER reasonably deems and identifies in writing as proprietary and confidential in nature, the CDC agrees to exercise its best efforts to keep such information confidential. IN WITNESS WIIEREOF, the CDC, and the DEVELOPER have signed this AGREEMENT on the respective dates set forth below. COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY The Related Companies of California, LLC, a limited liability company. By: By: Ron Morrison, Chairman The Nicholas Company, Inc., a Delaware Corporation, Its manager ATTEST: By: William A. Witte, President By: Brad Raulston, Secretary APPROVED AS TO FORM: Community HousingWorks, a California non-profit public benefit corporation. By: By: George Eiser, City Attorney Susan M Reynold President and CEO Dated: March 3, 2009. Page 17 of 17 ENA TOD WESTSIDE CDC, RELATED, COMM'Y HSNGWRKS TOD Westside ENA final 2 25 09 (by CDC) (2) tG WaR�v`C,N��Y D Ve pvEtoe o P Pt_ Pv� c��� ! c 1 NP o© NOS��� P-��oNa` G pRo�Eo 2 N � �o�s�N �NF��'� P PNp pN�E ENS OR�Et D cRE�� CNN f ,y. �RPNS` P ��ApASE TABLE OF CONTENTSf A. Transmittal Letter I. Transmittal Letter B. Developer Profile and Experience — Related Companies 1. Firm Overview 11. Organization Structure and Key Personnel 111. Relevant Project Experience IV. Select 1'roject Experience lnfbrnational Sheets V. Awards VI. References C. Developer & Service Partner Profile and Experience -- Community HousingWorks I. Firm Overview Il. Organization Structure and Key Personnel II1. Social Services and Community Building 1V. Relevant Project Experience V. Select Project Experience Informational Sheets VI. Awards 1). Design Team and Other Partners I_ Design Team and Experience Il. Studio E Architects II1. C&V Consulting, Inc. IV. Spurlock I'oirier V. Group Delta Consulting, Inc. VI. Advantage Environmental Consultants, LLC VII. Procopio, Cory, I largreavcs & Savitch, LLP VIII. Financial Partners E. Grant Funding Experience 1. Proposition IC Experience Il. HOME funds Experience Ill. Brownfield Redevelopment Experience IV. Other Funding Experience F. Comments on the Community Design Concept I. Opportunities & Challenges G. Developer Statement of Qualifications 1. Developer Statement of Qualifications H. Disclosure of Relevant Lawsuits I. The Related Companies of California [I. Community IlousingWorks r RELATED TRANSMITTAL. LETTER !S RELATED �(a ro cs I[�A� 3 SECTION A -I. TRANSh1ITIAL LI:1-FI R I. Transmittal Letter Patricia Beard Redevelopment Manager 1243 National City Boulevard National City, CA 91950-3312 Re: Response to RFQ for National City Public Works Center Dear Patricia: Enclosed please Lind our response to the Request for Qualification for the transit oriented intill affordable housing project on the current National City Public Works Center. As you will see throughout the Response, Related has unparalleled experience and a demonstrated capability in developing, financing, managing, leasing and owning large- scale, master -planned, mixed -use urban centers that include affordable rental housing, for sale housing, retail, hotel and office uses. Related and its partner San Diego Community HousingWorks bring direct experience and in-depth knowledge to the whole development and ownership process. The strength of the Related/Community HousingWorks Team is its ability to execute all phases of the development process for all program components. With a proven track record of planning, developing and financing affordable communities on time and within budget, we are uniquely qualified to partner with you on this project. Related and Community HousingWorks are extremely selective about the new business it undertakes thus allowing each of our projects and all of our partners to benefit from the direct and active involvement of our principal partners and senior development staff. We welcome the opportunity to work with you to realize this exciting project. Please do not hesitate to contact me should you have any questions. Sincerely, William A. Witte President of Related California 4 DEVELOPER PROFILE AND EXPERIENCE Related Companies of California U RELATED I. Firm Overview SECTION tr-t. FIRM OVERVIEW Related Companies of California The Related Companies of California ("Related") was formed in 1989 to fi)cus on the acquisition and development of government -assisted and market -rate multifamily housing in California. It is an affiliate of The Related Companies, L.P., a fully integrated real estate firm based in New York City with divisions specializing in development, property management, and financial services. Since its inception, Related has developed over 6,000 units of housing in California, with properties in San Francisco, Oakland, San Jose, Los Angeles, Los Angeles County, Orange County, San Bernardino County, and San Diego. Its projects run the gamut from award -winning apartments lur low- and moderate -income seniors and families to a 487-unit high-rise residential development in downtown San Francisco that is the tallest residential building in the city. Related's team of professionals brings hands-on experience and expertise in project management, finance, construction, and property management, along with the financial backing of one of the country's premiere real estate companies. In addition, Related's competitive advantages include the following: Commitment to Excellence Our dedication to excellence and quality is apparent in everything we do: our innovative architectural and interior design, the selection of our partners, our sophisticated financing strategies and our long term commitment to ownership and property management. Our affordable housing projects have received numerous awards and honors, including an Urban Land institute Award of Excellence. People Our key advantage, of course, is the quality and experience of our people. Since the company was established the Principals have concentrated on identifying and retaining individuals who are the very hest in their fields. Our management team averages more than 20 years of experience in the industry, and over 14 years with Related, and is backed by the resources and experience of the nation's largest privately held real estate firm. Industry Leadership Since the company was founded, we have created numerous innovative financing strategies that evolved into industry standards. This financial leadership helped us create premier multifamily and mixed -use developments that became market -dominant properties. This track record of leadership and consistency brings us opportunities that others don't always see. Integration Operating as a fully integrated company lets us develop synergies across divisions. Our Development division, for example, draws upon company -wide expertise across a wide range of markets and property types to compete effectively for development opportunities. Related is a "one -stop shop" for hands-on real estate services, including planning, design, financing, construction, and property management. !S RELATED SECTION 13-1. FIRM OVERVIEW Access to Capital We have become experts at financing government -sponsored programs, which demands a thorough knowledge of the complex regulations and requirements set by local, state and federal agencies- This knowledge and experience helps us secure financing for all our developments at a significantly lower cost. It also helps lead us to relationships with high -quality institutional partners for joint ventures. High Volume The Related portfolio includes over $ I0 billion worth of developments. This level of activity sets us apart from most of our competitors and creates substantial purchasing and negotiating leverage. Our construction costs are lowered and we are able to manage our operating assets more efficiently. Major -Market Expertise The Related Companies has developed or acquired properties totaling 35,000 apartment homes and over 4 million square feet of commercial space. The Related Companies' management division currently oversees more than 21,000 apartments and over 1 million square feet of commercial and retail space located across nine states. This gives us direct access to real-time information about operating costs and market conditions. Ingrained in our practice are our sensitivity, communication skills, and attention to detail to work with residents of Tower -income neighborhoods in partnership with local governments/public agencies to rehabilitate and revitalize their neighborhoods. We invite you to explore our operating divisions in depth, to see why The Related Companies defines the standards for world -class development and property management. G RELATED SECTION n-II. ORGANIZATION STRUCTURE AND KI[Y PERSONNI:I. 11. Organization Structure and Key Personnel William A. Witte President Related California Mr. Witte is the President and Managing Partner of The Related Companies of California, one of the largest developers of urban and multifamily housing in the state. Related currently has over 6,000 units of affordable and mixed -income housing, and 3,000 units of market -rate housing developed or under development in California. It has developed projects in San Francisco, Oakland San Jose, Los Angeles, San Diego, and the Counties of Los Angeles, Orange, San Bernardino and San Diego_ Its financial partner is The Related Companies L.P. of New York City, one of the nation's largest privately held real estate companies. Prior to joining The Related Companies in May of 1989, Mr. Witte served as Deputy Mayor for Housing and Neighborhoods under Mayor Art Agnos in San Francisco, where he oversaw all housing, development and redevelopment activities for the City, and, from 1981-1988, as Director of Housing and Economic Development under Mayor Dianne Feinstein. Ile also served as an appointed Commissioner of the San Francisco !lousing Authority in 1989-90. Prior to his tenure in San Francisco, Mr. Witte served in 1980 as Executive Assistant to Assistant Secretary for Housing/Federal Mousing Commissioner Lawrence 13. Simons at HUD in Washington, as Legislative Director for the National Association of !lousing and Redevelopment Officials (1978-1980) and with the Philadelphia Office of Ilousing and Community Development (1975-1977). Ile received a 13.A. in Urban Studies and a Masters in City Planning from the University of Pennsylvania. Mr. Witte is a founding Advisory Board member of the Center for Urban Redevelopment Excellence (C.U.R_E.) at Penn, and an Advisory Board mernber of several statewide housing and local nonprofit organizations. Frank Cardone Chief Operating officer The Related Companies of California As Chief Operating Officer, Mr. Cardone currently oversees all operations and development activities for Related California. His responsibilities encompass all aspects of the development process including acquisition, governmental subsidy negotiation, planning and design, entitlement processing, financing and deal structuring, construction, and marketing for lease or sale. His purview includes all technical, financial, and legal aspects of project development for the development and financing of affordable and market -rate housing, both rental and for sale. Prior to joining Related California, Mr. Cardone was a Senior Project Manager for M. David Paul & Associates, a Santa Monica based residential and commercial developer. In this position, Mr. Cardone was responsible for the project and construction management for residential and commercial construction projects, including renovation William A. Witte r: RELATED s SECTION n-11. ORGANIZATION SiRUCTURE ANI) KEY I'FRSONNH, and seismic retrofitting of existing historic office buildings. Responsibilities included communication and coordination with outside owners, architects, and engineers; overall construction management including budgeting, bidding, contracting, scheduling, and subcontractor coordination; and direct supervision of assistant project managers, superintendents, and support staff. Additional responsibilities included supervision of commercial tenant improvement construction. Mr. Cardone has also worked as a Development Project Manager/Vice President for Calmark Development Corporation where he was responsible for all day-to-day development activities including land acquisition, feasibility studies and cash flow analysis, site planning, design, zoning, governmental approvals and processing, budgeting, scheduling, financing (debt and equity), partnership structuring and administration, constniction supervision, monitoring of leasing activities, overseeing property management functions, and project disposition. Mr. Cardone's technical background includes consulting as a Civil Engineer to a wide variety of clientele on geotechnical and foundation engineering, environmental and hazardous waste investigation, and general civil engineering issues. Clients included real estate developers, cities, local governmental agencies, private industry, etc. Mr. Cardone's educational background includes a Master's Degree in Civil Engineering from Stanford University in Palo Alto and a Bachelor's Degree in Civil Engineering from Loyola Marymount University in Los Angeles. Steven D. Sherman Chief Financial Officer The Related Companies of California As Chief Financial Officer, Mr. Sherman oversees the company's financial operations. He coordinates the accounting/finance department with the development team in order to provide timely and accurate financial reporting, assists the development team in the creation of deal structures and in addition serves as the company's Risk Manager and Senior Asset Manager. Before joining The Related Companies of California, Mr. Sherman was Vice President and Chief Financial Officer of Chicago -based LR Development Company LLC, an affiliate of The Related Companies, L.P. based in New York, NY. LR Development is a leading multifamily developer and builder with annual sales revenues in excess of $100 million. LR Development is also one of the leading affordable housing developers in the State of Illinois. Prior to LR Development, Mr. Sherman was a Partner in the Chicago accounting practice of Altschuler, Melvoin and Glasser LLP (currently American Express Tax and Business Services) where he managed a public accounting practice focused on providing high quality tax and consulting services to real estate developers, construction contractors and high net worth family groups. Mr. Sherman has a Bachelors of Science degree in Accountancy from the University of Illinois, Champaign/Urbana and is a Certified Public Accountant and a member of the American Institute of Certified Public Accountants. r RELATED F SECTION B-II. ORGANIZATION S IRUUI ORE AND KEY PERSONNLL Kimberly McKay Senior Vice President of Development The Related Companies of California As Senior Vice President, Development, Ms. McKay is responsible for coordinating all aspects of developing and financing affordable housing projects. Prior to joining Related California, Ms. McKay was a Vice President with Centerline Capital. Iler responsibilities for Centerline involved the acquisition of affordable housing throughout the United States, with primary emphasis in the Midwest. She assisted developers in structuring complex financial transactions and evaluating the financial and market feasibility of projects utilizing the low income housing tax credit. As Senior Project Manager with Mid Peninsula I -lousing Coalition in the San Francisco Bay Area, she was responsible for all aspects of developing affordable housing including: site acquisition, securing public and private financing, obtaining entitlements, and designing, constructing and marketing affordable housing. She is a licensed Architect in California and has a Master's of Science Degree in Real Estate Development from the Massachusetts Institute of Technology (MIT) and a Bachelor's of Arts in Architecture from UC Berkeley. Rick Westberg Project Manager The Related Companies of California Rick Westberg serves as Project Manager for The Related Companies of California. Rick's background includes real estate development experience with a regional real estate firm. Before joining The Related Companies, Rick served as Development Coordinator for Intracorp San Diego, an urban in -fill multifamily real estate development company. Responsibilities included site acquisition, due diligence investigation, financial and feasibility analysis, organizing debt and equity relationships, project leasing and/or disposition, title and escrow coordination, design review and entitlements, DRE and 110A documentation, as well as implementation and oversight of project schedules and construction budgets. At Intracorp, he contributed to the development of eight multifamily properties totaling approximately S240 million in project cost. A native of Southern California, Mr. Westberg holds a Bachelor of Science degree in Business Administration with emphasis in Finance and a minor in Urban Planning and Real Estate Development from the University of Southern California in Los Angeles. Ile attended USC on academic scholarship, played varsity Men's Water Polo and was president of his fraternity. Harvey Mendoza President of Construction The Related Companies of California ID G RELATED SECTION I3-II. ORGANIZATION STRUCTURE AND KEY PERSONNIiI. As President of Advantage Construction Services, the construction arm of The Related Companies of California, Harvey serves as the Construction Coordinator for all of Related's developments. Ile was previously President of Sterling Homes, a developer/builder of over 2,000 homes and condominiums in southern California. Advantage Construction Services was established in 1997 to provide construction management and general contracting services on multifamily housing projects. The new company sought to combine Mr. Mendoza's extensive experience in all aspects of the construction business with Related's financial clout and multifamily development experience. To date, Advantage has acted as either a construction manager or joint venture partner in a general contracting entity on six projects developed or co -developed by Related, and will continue to act in that capacity. Advantage's involvement has given Related far more involvement in and control over the construction process on its projects, which is of particular importance since Related provides completion guarantees to its lenders and investors on all of its projects. Steven W. Wraight Director of Design The Related Companies of California As Director of Design, Steven Wraight is responsible for oversight and coordination of all planning, design and engineering aspects of Development Projects. This position includes developing conceptual designs, review and coordination of consultant's work, contract negotiations and construction assistance. Prior to assisting The Related Companies of California, Mr. Wraight honed his design, planning, project management and public relation skills as a Partner or Senior Associate in various developer -oriented, architectural firms. Mr. Wraight's work has been acknowledged through the receipt of numerous local and national awards and by publication in Architectural Record, California Architect, various builder publications and, most recently, featured in a new APA book, " Safescapes_" Mr. Wraight has spoken on the varied attributes of high density housing at the National Association of Ilome Builders Convention, the Pacific Coast Builders Conference, AIA seminars and the prestigious Monterey Design Conference. Mr. Wraight received a Bachelor of Architecture Degree, with Honors, from California State Polytechnic University, San Luis Obispo. le RELATED 1h III. Relevant Project Experience SECTION Ii-III. RELEVANT PROJECT GXPI:R II N('t{ Lion Creek Crossings (Coliseum Gardens), Oakland, CA Lion Creek Crossings is a multi phase mixed income community located in East Oakland, California. The project consists of 443 multi family affordable rental units and 28 for sale townhomes. Rental units range from public housing units to 60"/0 of median income. Financed as part of a HOPE VI grant to the Oakland Housing Authority, Lion Creek is a good example of how limited public resources can be leveraged to develop affordable housing. Each phase of this 4-phase development consisted of 6 financing sources, (two loans); MHP. Oakland Housing Authority, City of Oakland, investor limited partner and an Affordable I lousing Grant. including Cal11PA The 22 acre parcel previously consisted of physically obsolete public housing units and an ad hoc mix of light industrial properties. Located a block from the Coliseum BART station, this project is viewed as a major catalyst for transformation of this neighborhood into a new transit village. The new neighborhood includes a five acre public park (with a creek running through it) and approximately 12,000 square feet of community service space that is home to a HeadStart center, a child care center, a computer lab as well as space for an after school program and a family resource center. The urban fabric surrounding this community consisted of light industrial buildings to the west and north, and small single family hornes to the east and south. The Coliseum (sports venue) and Coliseum BART station were within a one block radius. This project was viewed as a welcome ray of hope for this challenged neighborhood. Numerous meetings were held with residential neighbors surrounding the site as well as with BART and City planning staff. Stakeholder input for this project was solicited through community meetings and a design charrette process. In addition to input on program and design elements, the stakeholders had strong thoughts and opinions about the ultimate re- design of the public park. Summer Crest, National City, CA This 10.4 acre site is comprised of 232 graden-style units for families in two and three bedroom configurations, and a 140-unit seven -story high rise with studio and one bedroom flats for seniors. The project included a remodeled community recreation building baosting six -station computer learning center with internet access and unparalleled social service program that includes exercise classes, senior lunch program, yoga, writing classes, senior health program, food bank distribution, nature walks, teen programs and mental health programs. The apartments, adjacent to a Ralph's Grocery Coliseum Gardens Summer Crest IS RELATED IP, SE(I ION n-Ill. RLLE\AN"r PROJECT r'.XPERIENCE Store, were bought with the knowledge that the property had a history of criminal problems and drug activity, and that the situation for residents was ominous. This apartment community was built 31 years ago. It was in dire need of renovation and had a very poor reputation. Gang shootings had occurred on the property with bullets spraying into the units. Plaza Manor had a widespread history of drug dealing, car theft, and general criminal activity, and at least 25 vacant units. This history gave the complex a terrible reputation and so after all the physical rehabilitation was completed and services were added the complex was renamed Summercrest, to remind the residents that with the new home that has been created firr them, comes the potential and the reality of an improved world for them. Summercrest Apartments is a model of success. It has a 2 year waiting list and the residents have access to a variety of services that empower them towards self sustainability. Our efforts can also be measured by the positive citywide reaction we have received for the dramatic transformation of this community. Of the positive and lasting effects that Summercrest has on the larger community, perhaps the most substantial is in the reduction of lawlessness. Summercrest immediately impacted crime in the neighborhood. The National City Police Department documents a ninety -percent decline in police reports at the community since 2003. Likewise, the Department reports that criminal violations onsite have decreased nearly fifty -percent in this time. The property became the largest property in National City to be designated "Crime Free" by the National City Police Department. Pueblo del Sol, Los Angeles, CA Located between downtown Los Angeles and Boyle Heights, Pueblo del Sol offers a new neighborhood with a backdrop of downtown Los Angeles skyscrapers. Pueblo del Sol is a multi -phase mixed income/mixed-use community located in the Boyle heights neighborhood of Fast Los Angeles. Financed as part of a HOPE VI Grant to the I lousing Authority of the City of Los Angeles, the project includes two phases of multi family affordable rental units; a phase of for sales homes and a magnet high school that is currently under construction. The 35 acre parcel is consisted of physically obsolete public housing units and ad hoc retail/ commercial space that inadequately serviced the previous residents. Through the HOPE VI grant, the entire neighborhood was revitalized into a new community that includes several large tot lot/ play areas for children; a 1.5 acre park to serve the residents; a new MTA mass transit stop; a bus stop and a new I ligh School in addition to the existing elementary school that current exists. The project includes 377 one, two, three and four bedroom townhomes and flats affordable to households earning between 30 and 60% of median income and 93 three and four bedroom single family homes. 27 of the single family homes were set aside for former public housing Pueblo del Sol 11: RELATED 13 SECTION Hill. RFI EVANT PROJECT EXPERIENCI•. residents. The two affordable rental phases also included 6,000 management/community faculty with a pool for residents as well as a 6,000 square foot community service facility provides after school space, a computer lab and social service offices that will coordinate a wide range of services for residents. Pueblo del Sol was master planned and designed as part of a large community planning process. Numerous meetings were held with the tenant groups as well as neighborhood stakeholders. The key directives that came from those meetings were centered on safety for families coming back to the neighborhood (there had previously been 10 gangs laying claim to this 35 acre neighborhood). As a result of the community meetings and input, we eliminated all through streets in the project (to eliminate drive by shootings); we .designed units to face onto the street and interact with the street; we provided direct access from garages into units fbr every home and we had designed the project using Crime Prevention Through Environmental Design (CI PTED) elements. Hermosa Village (Jeffrey Lynne) The Jeffrey - Lynne neighborhood (now Hermosa Village) is located adjacent to the Disneyland hotel in Anaheim. The "Core" area of Jeffrey — Lynne (Hermosa Village Phase 1) is a 17-acre neighborhood, which consisted of 431 units in 54 buildings configured as eight-plexes with severely overcrowded 1-bedroom units. By adding approximately 2,400 square feet to each building and reconfiguring the interior walls we were able to provide larger units. Buildings with eight 1-bedroom units were reconfigured into buildings with 1, 2, 3, and 4 bedroom units. Decks and patios were added to the front of buildings, and courtyards were landscaped to provide private open space and encourage children to play in front yards. � .1 .;,* eir x Uj! I ' • $ rl. Children who once played on public streets now have tot lot equipment, organized open space, and a swimming pool. Rather than graffiti defining the neighborhood, it is now defined by consistency of streetscape, compatibility of design elements, security, lighting, and community amenities. The entire neighborhood was revitalized. • Hermosa Village IC RELATED SECTION 13-11I. RELEVANT PROJI.iCr EXPERIENCE Paseo Del Oro, San Marcos, CA Paseo del Oro is a great example of "Smart Growth," where residents in the neighborhood can walk to work and shop within their community. It is also within walking distance of an elementary school, middle school, and a junior college. This project is part of the revitalization of the Richmar neighborhood in the City of San Marcos. The five -acre property consisted of severely deteriorated retail buildings that were built approximately 40 years ago. Paseo del Oro development is the final component to completing the revitalization of this neighborhood. This mixed -use complex includes 120 multi -family units, 23.000 square feet of retail space, a pool, and two activity centers providing community services and social service programs such as computer training for school age children and adults. The design includes housing above retail space and a pedestrian paseo, both of which activate the street. Harbor Village, Los Angeles, ('A The redevelopment of Normant Terrace involved the demolition of 398 obsolete public housing units located on 35.5 acres in the harbor City area of Los Angeles, and the construction of 624 attached and detached condominium units. Of these units 400 are permanently leased as tax credit low-income rentals supported by project -based Section 8 rent subsidies. The other 224 units are being built in phases with conventional financing and sold to home buyers. A homeowners Association, including both rental and for -sale units, controls all common areas. The development consists of 396 attached wood frame townhouse units and 228 detached small -lot wood frame family units_ Roughly 72% of the rental units and 48% of the for -sale units are attached units. The attached units occupy the northwest half of the site and the detached units occupy the southeast half of the site. Rental units and for -sale units are mixed within the site plan. The attached units are provided in either 9 or 18 unit buildings with enclosed garage parking. The detached units are provided in 4 or 8 unit clusters oriented around common entry drives. The project is substantially landscaped and features perimeter security fencing with 24- hour security guards. There are 5 recreation areas featuring facilities oriented to various age and user groups. Facilities include a basketball court, 2 pools and spas, and play equipment for toddlers through teens. There is a 5,000 square foot community recreation center used jointly by rental and ownership residents which also houses the property management offices and a computer learning center. Paseo Del Oro Harbor Village !: RELATED SI'.(:l ION 13-1I1. RELEVANT PROJECT EXPERIENCE All units, both rental and fix -sale, feature a full range of appliances and amenities oriented toward a for -sale market. Two -bedroom units average 1,031 square feet, three - bedroom units average 1,311 square feet, and four -bedroom units have 1,550 square feet of living space. All units have enclosed garage parking. Crescent Cove, San Francisco, CA Crescent Cove is located within the Mission Bay master -planned community in the City of San Francisco. The S50 million workforce housing project is located at 420 Berry Street, on a 3.5-acre site, situated between the 1-280 off ramp and Cal Train line, near the Mission Bay Channel and Cal Train Depot. This new rental community maximizes an irregularly shaped site defined by the curve of Cal Train railroad tracks in the emerging Mission Bay neighborhood. Crescent Cove includes 236 low-income apartments for individual and families, comprised of 64 two - bedrooms, 88 one -bedrooms, and 84 studios. 134 of the units are restricted at 50% of San Francisco Redevelopment Agency rents and 100 units restricted at 60% CTCAC Rents. Two units will are used for an on -site manager and maintenance personnel. The units are located within two building types, one of which consists of 4-story stacked flats and the other of town homes over studios in a walk-up configuration. Crescent Cove was designed to market standards, with working professionals in mind. Unit amenities include: modern designed kitchens with frost -free refrigerators and garbage disposals, efficient heating systems, stylish bathrooms, and ample closet space. All resident parking is located on grade and behind two access gates at a ratio of .75/1. Guest parking is available on the adjacent street that is directly in front of the main entrance to the building where the leasing/management offices is located. The community center is an approximately 3,000 square foot facility and houses Leasing and Management offices, Community Room, Fitness Center and an office for Social Services. A Jacuzzi, Tot -Lot, BBQ area and Open Space will also be included adjacent to the community center. The community Center also includes a Business Center complete with computers, and lushly landscaped courtyards. In addition, the project is within close proximity of transportation and shopping. Funding for this project was provided by the San Francisco Redevelopment Agency, Union Bank of California, Centerline Capital Group, and Tax Credit Equity from Union Bank of California. Crescent Cove 10 In RELATED SECTION B-III. RELEVANT PROJECT EXPERIENCE Macdonald Senior Apartments, Richmond, CA Macdonald Senior Apartments is a 66 unit Low -Income Senior project located in two three-story buildings on Macdonald Avenue flanking 4th Street in Richmond, CA. 13oth Buildings are three stories with the first floor comprised of residential units, commercial/retail, and community space. The second and third floors consist of residential units. The project will be age restricted to seniors 55 years and older, targeting seniors earning between 30% - 45% of the Contra Costa County area median income. This development is comprised of several funding sources including a conventional loan, Tax Credit Equity and a loan from the City of Richmond. In addition, all 66 units will receive project based Section 8 rental assistance. The parcel previously consisted of physically obsolete retail properties. Located across the street from Nevin Park and in a designated Revitalization Area, this project was viewed as a major catalyst for transformation of this neighborhood into a new reinvigorated urban area. The new neighborhood includes the renovation of Nevin Park and new street improvements along Macdonald Avenue. Designed to reinforce the urban character of Macdonald Avenue the project includes ground -floor retail as well as community space that opens onto Macdonald Avenue. Gated parking courts located behind the buildings provide access and security for the residents. The project will have approx. 3,770 sq. ft. of retaiU community space as well as approximately 2,785 sq. ft. of management/ community space for the residents, as well as a lounge and multi -purpose space to accommodate social service programs for residents. The Village at the Civic Center, Santa Monica, California Santa Monica Village is a model of modern, urban, mixed -use and mixed -income development. The LEER Silver project features unique urban spaces, terraces, public art, large landscaped private and public plazas, 20,000 square feet of ground floor retail, 163 luxury market -rate condominiums, 160 affordable housing units that collectively contribute to a dynamic outdoor urban experience. With its excellent location along Ocean Avenue, with easy walking distance of the beach, the Santa Monica 1'ier, Third Street Promenade (an outdoor retail mall), City Ifall, the Civic Auditorium, Lowes, Shutters, Casa Del Mar, Viceroy, Le Mergot, and major transportation corridors. The project's has been meticulously designed in order to take full advantage of the expansive Pacific Ocean views to the west, the mountains to the north, the City to the east, and the proposed Palisades Garden Park located on the opposite side of the future expansion of Olympic Drive. The project's roof top pools, recreation areas, floating glass bridges and open bays maximize the residents' opportunities to enjoy the renowned California sun and views of the Pacific Ocean. Macdonald Sr. Apts The Village G RELATED 17 oo SECTION 8-111. RELEVANT PROJECT EXPERIENCE Related has worked extensively with a number of public agencies on affordable and mixed -income projects. Contained below is a complete listing of affordable projects that Related has completed with public agencies and the different sources of financing experience that Related brings to this Project. AFFORDABLE HOUSING PROJECTS COMPLETED 1. Project'Location: Harbor Village, Harbor City (Los Angeles) Description: Redevelopment of 35.5 acre, 400-unit public housing site into 624-unit multi- family mixed income for -sale and rental property Financing: Low -Income Housing Tax Credits, Section 8; Conventional Status: Construction completed September, 1998; 100% occupied Contact: Executive Director, Housing Authority of the City of Los Angeles (213) 252-1818 2. Project/Location: Hillview Glen Apartments, San Jose Description: 138-Family apartments in 3-story buildings Financing: City of San Jose/Low-Income Housing Tax Credits Status: Construction completed September, 1994; 100% occupied Contact: Curtis Susuki, San Jose Department of Housing (408) 277-8032 3. Project/Location: Vista Alicante Apartments, La Mirada Description: 100-Senior apartments on 3.25 acre site (84 One -bedrooms, 16 Two -bedrooms) Financing: HOME funds/Low-Income Housing Tax Credits Status: Construction completed November, 1995; Project sold August, 2006 Contact: Alfredo Izmajtovich, Los Angeles County Community Development Commission (323) 890-7270 4. Project/Location: Vista Angelina Apartments, Los Angeles Description: 108-Family apartments; Townhouses over flats Financing: City of Los Angeles/Low-Income Housing Tax Credits Status: Construction completed December, 1995; 100% occupied Contact: Bobken Simonians, Los Angeles Department of Housing (213) 808-8596 5. Project/Location: Fillmore Marketplace, San Francisco Description: 120-Family apartments; 60 Street -oriented townhouses 60 Flats in a 7-story mid -rise Financing: State Department of Housing and Community Development/San Francisco Redevelopment Agency/Bank of America/Low-Income Housing Tax Credits MI RELATED Status: Contact: SECTION B-III. RELEVANT PROJECT EXPERIENCE Construction completed February, 1996; 100% occupied Olson Lee, San Francisco Redevelopment Agency (415) 749-2400 6. Project/Location: Hayes Valley, San Francisco Description: 195-Affordable family apartments; Townhouses and flats Financing: HUD HOPE VI funds/Low-Income Housing Tax Credits Status: Construction completed December, 1998; 100% occupied Contact: Barbara Smith, San Francisco Housing Authority (415) 715-3220 7. Project/Location: Paseo Village Apartments, Anaheim Description: Rehabilitation of 176 existing apartments and single family homes Financing: City of Anaheim/Low-Income Housing Tax Credits Status: Construction completed January, 1998; 100% occupied Contact: Bertha Chavoya, City of Anaheim Housing Authority (714) 765-4320 8. Project/Location: Village Heights Apartments, Santa Ana Heights Description: 75-Family apartments on County -owned site, in partnership with LINC Housing Corporation Financing: Orange County Redevelopment Agency (land)/Low-Income Housing Tax Credits/Tax-Exempt Bonds Status: Construction completed June, 1999; 100% occupied Contact: George Britton, Orange County Environmental Management Agency (714) 834-5312 9. Project/Location: Parkside Glen, San Jose Description: 180-Family apartments in 3-story stacked flats Financing: City of San Jose/Low-Income Housing Tax Credits/Tax-Exempt Bonds Status: Construction completed December, 1998; 100% occupied Contact: Curtis Susuki, San Jose Housing Department (408) 277-8032 10. Project/Location: Somerset Glen Senior Apartments, La Mirada Description: 161-Senior apartments Financing: Low -Income Housing Tax Credits/Tax-Exempt Bonds Status: Construction completed June, 1999; 100% occupied Contact: Alfredo Izmajtovich, Los Angeles County Community Development Commission (323) 890-7270 11. Project/Location: The Crossings, Rialto !I RELATED SECTION B-III. RELEVANT PROJECT EXPERIENCE Description: Development of 100-Family apartments, in partnership with Southern California Housing Development Corporation Financing: Low -Income Housing Tax Credits/County of San Bernardino HOME funds Status: Construction completed November, 2000; 100% occupied Contact: Jerry Guarracino, San Bernardino County Housing & Economic Development (909) 388-0910 12. Project/Location: The Paramount, San Francisco Description: 39-Story residential high-rise on 0.75 acres with 487 apartments Financing: Tax -Exempt Bonds Status: Construction completed December 2001 Contact: Bill Carney, San Francisco Redevelopment Agency (415) 749-2412 13. Project/Location: Hermosa Village (Jeffrey -Lynne Apartments), Anaheim Description: Acquisition and rehabilitation of 293 apartments (in phases) in multiple buildings, in partnership with Southern California Housing Development Corp. Financing: Low -Income Housing Tax CreditsiCity of Anaheim Status: Construction completed December 2001; 100% occupied Contact: Lisa Stipkovich, Anaheim Community Development Department (714) 765-4301 14. Project/Location: El Rancho Verde I and II, San Jose Description: Acquisition and rehabilitation of 300-and 400-unit HUD -financed apartment projects. in partnership with Community Housing Developers Financing: Low -Income Housing Tax Credits/Tax-Exempt Bonds/City of San Jose Status: Rehabilitation complete December 2001, 100% occupied Contact: Curtis Susuki, San Jose Department of Housing (408) 277-8032 15. Project/Location: Vista Terrace Hills, San Ysidro Description: Acquisition and rehabilitation of a 262-unit HUD -financed apartment project in partnership with Wakeland Housing and Development Corporation Financing: Low -Income Housing Tax Credits/Tax-Exempt Bonds/San Diego Housing Commission Status: Rehabilitation complete December 2001, 100% occupied Contact: Jack Farris, San Diego Housing Commission (619) 525-3621 16. Project/Location: Coronado Terrace, San Diego Description: Acquisition and rehabilitation of a 312-unit I -IUD -financed apartment project in partnership with Wakeland Housing and Development Corporation != RELATED ( SECTION B-1II. RELEVANT PROJECT EXPERIENCE Financing: Low -Income Housing Tax Credits/Tax-Exempt Bonds/San Diego Housing Commission Status: Rehabilitation complete December 2001 Contact: Jack Farris, San Diego Housing Commission (619) 525-3621 17. Project/Location: Summercrest, National City Description: Acquisition and rehabilitation of a 372-unit HUD -financed apartment project in partnership with Las Palmas Foundation Financing: Low -Income Housing Tax Credits/Tax-Exempt Bonds Status: Rehabilitation complete December 2001, 100% occupied Contact: Paul Desrochers, National City Department of Community Development (619) 336-4253 18 Project/Location: Village at Willow Glen, San Jose Description: Development of 133 Senior apartments in partnership with Community Housing Developers, Inc. Financing: Low -Income Housing Tax Credits/Tax-Exempt Bonds Status: Construction completed, 100% leased Contact: Curtis Susuki, San Jose Department of Housing (408) 277-8032 19. Project/Location: Paseo del Oro, San Marcos Description: Development of 120 Family apartments and 23,000 sq. ft. of retail in partnership with Southern California Housing Development Corporation Financing: Low -Income Housing Tax Credits/City of San Marcos/County of San Diego Status: Construction completed in March, 2002; both residential and retail 100% occupied Contact: Charlie Shaffer, San Marcos Redevelopment Agency (760) 744-1050 20. Project/Location: Aliso Village, Los Angeles Description: Development of 376 Family apartments, 93 for -sale homes and a supermarket, in partnership with McCormack Baron Salazar Financing: Low -Income Housing Tax Credits/Hope VI funds/Housing Authority City of Los Angeles Redevelopment Funds Status: Phase I: Construction completed May 2003, 100% occupied Phase II: Construction completed October 2004, 100% occupied Contact: Executive Director, Housing Authority of the City of Los Angeles (213) 252-1818 21. Project/Location: Village at Sierra, Fontana Description: New construction of 108-units of senior housing in partnership with Southern California Resource & Development and Southern California Housing Development I RELATED SECTION B-III. RELEVANT PROJECT EXPERIENCE Corporation Financing: Low -Income Housing Tax Credits/City of Fontana Status: Construction completed December 2002, 100% occupied Contact: David Edgar, City of Fontana (909) 350-6739 22. Project/Location: Fountains at Sierra, Fontana Description: New construction of 93 units of senior housing in partnership with Southern California Resource & Development and Southern California Housing Development Corporation Financing: Low -Income Housing Tax Credits/City of Fontana, HOME Funds Status: Construction completed February 2005, 100% occupied Contact: David Edgar, City of Fontana (909) 350-6739 23. Project/Location: Gardens at Sierra, Fontana Description: New construction of 93 units of senior housing in partnership with Southern California Resource & Development and Southern California Housing Development Corporation Financing: Low -Income Housing Tax Credits/City of Fontana Status: Construction completed June 2005, 100% occupied Contact: David Edgar, City of Fontana (909) 350-6739 24. Project/Location: Northpointe Apartments, Long Beach Description: Acquisition and rehabilitation of a 528-unit HUD -financed apartment project Financing: Low -Income Housing Tax Credits/Tax-Exempt Bonds/City of Long Beach Status: Construction completed March 2003, 100% occupied Contact: Johanna Gullick, City of Long Beach (562) 570-6364 25. Project/Location: Bowen Court, Huntington Beach Description: Development of 20 apartments for low-income seniors, in partnership with Merit Housing Inc. Financing: Low -Income Ilousing Tax Credits/City of Huntington Beach Status: Construction completed November 2002 Contact: David Biggs, Huntington Beach, Department of Economic Development (714) 536-5909 26. Project/Location: Alice Court, Laguna Beach Description: Development of 27 affordable studio apartments Financing: Low -Income Housing Tax Credits/Orange County Ilousing-Community Development Department/City of Laguna Beach !1 RELATED Status: Contact: SECTION B-11I. RELEVANT PROJECT EXPERIENCE Construction completed January 2004, 100% occupied Ken Frank, City Manager, Laguna Beach (949) 497-0704 27. Project/Location: Hermosa Village (Jeffrey -Lynne) Perimeter, Anaheim Description: Acquisition and rehabilitation of 112 apartments in multiple buildings, in partnership with Southern California Housing Development Corp. Financing: Low -Income Housing Tax Credits/City of Anaheim Status: Construction completed 2004; 100% occupied Contact: Lisa Stipkovich, Anaheim Community Development Department (714) 765-4301 28. Project/Location: St. Stephens, San Diego Description: Development of 50 senior units in partnership with St. Stephens Church of God in Christ Financing: Low -Income Housing Tax Credits/San Diego Housing Commission Status: Completed January 2005, 100% occupied Contact: Jack Farris, San Diego Housing Commission (619) 525-3621 29. Project/Location: Noble Tower, Oakland Description: Acquisition and rehabilitation of 195 units of senior citizen housing in partnership with the East Bay Asian Local Development Corporation Financing: Low -Income Housing Tax Credits/Tax-Exempt Bonds Status: Construction completed 2004; 100% occupied Contact: Jon Gresely, Executive Director, Oakland Housing Authority (510) 874-1510 30. Project/Location: Oak Village, Oakland Description: Acquisition and Rehabilitation of 133 units of HUD insured housing in West Oakland Financing: Low -Income Housing Tax Credits/Tax-Exempt Bonds Status: Construction completed January 2005; 100% occupied Contact: Linn Warren, Ca1HFA (916) 327-3022 31. Project/Location: Windsor Court / Stratford Place, Westminster Description: Development of 58 senior"flats" and 28 family -oriented townhomes in partnership with Affordable Housing Access, Inc. Financing: Low -Income Housing Tax Credits/Orange County Housing Development/ City of Westminster Status: Construction completed August 2005, 100% occupied Contact: Julia Bidwell, OCHD (714) 480-2991 !I RELATED SECTION B-111. RELEVANT PROJECT EXPERIENCE 32. Project/Location: Rancho Cucamonga Townhomes Description: 64 townhouse units; "For Sale" project Financing: N/A Status: Sold. Fully -entitled property. Contact: Stan Smith, The Related Companies of California (949) 660-7272 33. Project/Location: Lower Bayview Landing, Newport Beach Description: Development of 120 affordable senior apartments on 4.9-acre site owned by the Irvine Company Financing: Low -Income Housing Tax Credits/Tax-Exempt Bonds Status: Completed January 2006; 100% occupied Contact: Sharon Wood, City of Newport Beach (949) 644-3223 34. Project/Location: Coliseum Gardens, Phase 1, Oakland Description: Multi -phase Hope VI project (350 units at build out) Financing: Ca1HFA, HUD, City of Oakland, MHP, 4% Bonds and 4% Tax Credits Status: Completed December 2005; 100% occupied Contact: Phil Neville, Oakland Housing Authority (510) 587-2112 35. Project/Location: Jeffrey -Lynne Phase I11 Description: Acquisition and rehabilitation of 76 apartments in multiple buildings, in partnership with Southern California Housing Development Corp. Financing: Low -Income Housing Tax Credits/City of Anaheim/Wells FargoiCCRC Status: Construction completed December 2006; 100% occupied Contact: Lisa Stipkovich, Anaheim Community Development Department (714) 765-4301 36. ProjectiLocation: 2nd & Central (Little Tokyo), Los Angeles Description: Development of 128 apartments in partnership with MacFarlane Partners and Cal PERS Financing: Tax -Exempt Bonds!CalPERS Equity Status: Construction completed February 2007 Contact: Len Betz, L.A. Community Redevelopment Agency (213) 977-1607 37. Project/Location: Block N5, Mission Bay, San Francisco Description: Development of 240 mixed -income apartments on lease from Catellus Development Corp. Financing: Low -Income Housing Tax Credits/Tax-Exempt Bonds Status: Construction completed July 2007; 100% occupied != RELATED SECTION B-III. RELEVANT PROJECT EXPERIENCE Contact: Eric Harrison, Catellus Development Corp. (415) 355-6607 38. Project/Location: Coliseum Gardens, Phase 2-3, Oakland Description: Multi -phase Hope VI project (350- units at build out) Financing: Ca1HFA, HUD, City of Oakland, MHP, 4% Bonds and 4% Tax Credits Status: Construction Completed September 2007; currently in lease up Contact: Phil Neville, Oakland Housing Authority (510) 587-2112 39. Project/Location: Jeffrey -Lynne Phase IV, Anaheim Description: Acquisition and rehabilitation of 36 apartments in multiple buildings, in partnership with Southern California Housing Development Corp. Financing: Low -Income Housing Tax Credits/City of Anaheim Status: Construction completed January 2008; 100% occupied Contact: Lisa Stipkovich, Anaheim Community Development Department (714) 765-4301 AFFORDABLE HOUSING PROJECTS UNDER CONSTRUCTION 40. Project/Location: Block 8, Little Tokyo Master Plan, Los Angeles Description: Entitlement, development and build -out of common areas associated with master plan of 750 residential units, plus 50,000 square feet of retail, a 600-space public parking garage, and neighborhood open space Financing: TBD Status: Entitled; under construction Contact: Len Betz, L.A. Community Redevelopment Agency (213) 977-1607 41. Project/Location: San Pedro Apartments C Block 8, Little Tokyo, Los Angeles Description: Development of an "80/20" mixed -income (market rate & affordable) 230 total apartment units and 7,000 square feet of ground floor retail in downtown Los Angeles Financing: Tax-exempt bonds and Low Income Housing Tax Credits Status: Entitled; under construction Contact: Len Betz, L.A. Community Redevelopment Agency (213) 977-1607 42. Project/Location: Pomona Intergenerational Apartments Description: 90-unit affordable Intergenerational (Family and Senior) Apartments in the City of Pomona Financing: Low -Income Housing Tax Credits/City of Pomona MI RELATED Status: Contact: Entitled; under construction Kelvin Tainatongo, City of Pomona (909) 620-2410 SECTION B-III. RELEVANT PROJECT EXPERIENCE 43. Project/Location: MacDonald Place, Richmond Description: Development of 66 low-income senior apartments in downtown Richmond Financing: Low -Income Housing Tax Credits Status: Entitled; under construction Contact: Natalia Lawrence, City of Richmond, CA (510) 307-8180 44. Project, Location: "The Century", Century City Description: Construction of 147 luxury condominiums Financing: Private Funding Status: Under construction Contact: Jim Sinsheimer, Related California (213) 984-4103 AFFORDABLE HOUSING PROJECT IN PREDEVELOPMENT 45. Project/Location: Parcel D Condominiums @ Block 8, Little Tokyo, Los Angeles Description: Development of the last phase of the Block 8 master plan: 240 condominiums with 18,200 square feet of ground floor retail and a 600-space public parking garage Financing: Proposed: Conventional and Community Redevelopment Agency of L.A. Status: Entitled; in planning stages Contact: Len Betz, L.A. Community Redevelopment Agency (213) 977-1607 46. Project/Location: Fontana Phase IV Description: New construction of 90 units of senior housing located in downtown Fontana and in partnership with Southern California Resource & Development and Southern California Housing Development Corporation Financing: Low -Income Housing Tax Credits/City of Fontana Status: Entitled; in planning stage Contact: Brent Mickey, City of Fontana (909) 350-6657 47 Project/Location: Ontario Senior Apartments Description: New construction of 76 units of senior housing in downtown Ontario Financing: Low -Income Housing Tax Credits/City of Ontario, HOME Funds Status: Entitled; in planning stage Contact: Christie Reiff, Community Development Department (909) 295-2304 !R RELATED ( SECTION B-I11. RELEVANT PROJECT EXPERIENCE 48. Project/Location: Ontario Family Apartments Description: New construction of 121 units of family housing in downtown Library site Financing: Low -Income Housing Tax Credits/City of Ontario Status: In preliminary planning stages Contact: Christie Reiff, Community Development Department (909) 295-2304 49. Project/Location: Santa Monica -- "The Village" Description: Development of 160 affordable family units and up to 165 market -rate condos on three acres in the Civic Center of Santa Monica Financing: Low -Income Housing Tax Credits/City of Santa Monica Status: Entitlement phase Contact: Bob Moncrief, Housing & Redevelopment Manager (310) 458-8740 x5037 50. Project/Location: Fontana Phase V Description: New construction of 55 family town home units, in conjunction with Southern California Housing — Resource & Development Financing: Low -Income Housing Tax Credits/City of Fontana Status: Entitlement phase Contact: Brent Mickey, City of Fontana (909) 350-6657 51. Project/Location: Coliseum Gardens Phase IV, Oakland Description: Multi -phase Hope VI project (70 units) Financing: Ca1HFA, HUD, City of Oakland, MHP, 4% Bonds and 4% Tax Credits Status: Pre -development; construction will commence Fall 2008 Contact: Phil Neville, Oakland Housing Authority (510) 587-2112 52. Project/Location: Grand Avenue Development, Los Angeles Description: Phase I will include new construction of 390 for -sale condominiums, 275-room Mandarin Oriental Hotel, and 250,000 square feet of commercialiretail space Financing: City of Los Angeles / Proposition 1 C Private Funding Status: Construction scheduled to commence December 2007 Contact: Martha Welborne, Grand Avenue Committee (213) 452-6278 53. Project/Location: Description: Grand Avenue Affordable Apartments, Los Angeles Development of 98 units of low income rental housing within a vertically integrated mixed -use tower to satisfy 20% on site affordable housing requirement within Phase I of the Grand Avenue Project II RELATED SECTION B-III. RELEVANT PROJECT EXPERIENCE Financing: MIIP, Tax-exempt bonds, Low Income Housing Tax Credits, CRA-LA Residual Receipts Loan Status: Entitled Contact: Martha Welborne, Grand Avenue Committee (213) 452-6278, David Riccitiello, CRA-LA (213) 977-1794 54. Project/Location: 7th & Market at Market Street, San Diego Description: Development of approximately 255 80/20 apartment units, 75 condos, 183 hotel keys, 20,000 square feet of retail space, and a 650-space public parking structure Financing: Tax-exempt bonds, Low -Income Housing Tax Credits, San Diego Redevelopment Agency funds Status: Currently negotiating DDA Contact: John Collum, City Center Development Corporation (619) 533-7124 55. Project/Location Marcus Garvey, San Francisco Description: Rehabilitation of 211 Units Co-op Financing: San Francisco Redevelopment Agency and Permanent Loan Status: Predevelopment Contact: Olson Lee at SFRA 56. Project/Location Lincoln Anaheim Phase I, Anaheim Description: Development of 72 Family Apartment and Townhome units. Financing: Low Income Housing tax credits, Section 8, City of Anaheim, HOME Funds Status: Entitled; Construction will commence Spring 2009 Contact: Lisa Stipkovich, Anaheim Community Development Department (714)765-4301 57. Project/Location: Lincoln Anaheim Phase II, Anaheim Description: Development of 74 Family Apartment and Townhome units. Financing: Low-income Housing tax credits, MHP, Section 8, City of Anaheim , HOME Funds Status: Entitled; Construction will commence Spring 2009 Contact: Lisa Stipkovich, Anaheim Community Development Department (714) 765-4301 58. Project/Location: Visitation Valley, San Francisco Description: 750 Public Housing replacement along with 750 affordable rental and for Sale housing. Financing: Hope San Francisco, other to be confirmed 11 RELATED Status: Contact: Predevelopment Kim McKay (949) 660-7272 SECTION B-III. RELEVANT PROJECT EXPERIENCE 59. Project/Location: Juanita SRO, Los Angeles Description: New Construction, Supportive Housing, 48 Studio units, 1 two bedroom Managers unit. Non-profit and social service provider is PATH Ventures. Financing: TBD Status: Predevelopment Contact: Bea Hsu (949) 660-7272 or Jesus Hernandez (310) 996-1171 60. Project/Location 740 South Olive, Los Angeles Description: Redevelopment of 309-unit senior housing rental high-rise Financing: Low Income Housing tax credits; Section 8; Conventional; New Generation Fund; Status: Construction will commence Spring 2009 !>a RELATED SECTION B-IV. AWARDS IV. Awards The Related Companies of California prides itself on developing attractive, quality affordable housing. Significant time and energy is spent in designing projects which complement the communities in which they are built. As a result, Related's projects and principals have received the following awards and commendations in recognition of their affordable housing expertise: Award: Project: Location: Award: Project: Location: Award: Project: Location: Award: Awarded to: Project: Location: Award: Project: Location: 2008 Westside Prize Urban Solutions in Progress Santa Monica Village Santa Monica, CA 2008 Downtowners of Distinction Awards Most Notable Projects by L.A. Downtown News Hikari, Little Tokyo Los Angeles, CA 2007 CRA Award of Excellence Residential Development — New Construction Coliseum Gardens (Lion Creek Crossings), Phase I Oakland, CA Compass Blueprints 2007 "Livability Award" The Related Companies and City of Los Angeles The Grand Avenue Project Los Angeles, CA 2006 Gold Nugget Award of Merit Best Senior Housing Project Bayview Landing Senior Apartments Newport Beach, CA Award: Project: Location: Award: Project: Location: Award: Project: Location: Award: Awarded to: Award: Awarded to: 2006 PCBC (Pacific Coast Builders Conference) Silver Award - Best of Seniors Housing Fontana III (Gardens at Sierra) Fontana, CA 2006 PCBC (Pacific Coast Builders Conference) Award of Merit Coliseum Gardens (Lion Creek Crossings), Phase I Oakland, CA 2006 Gold Nugget Award of Merit Best Affordable Housing — Over 30 DU: Acre Coliseum Gardens (Lion Creek Crossings). Phase I Oakland, CA 2006 Developer of the Year Presented by Greater Los Angeles African - American Chamber of Commerce The Related Companies of California 2006 California Housing Hall of Fame Recognition by the California Housing Consortium The Related Companies of California G RELATED l Award: Project: Location: Award: Project: Location: Award: Project: Location: Award: Project: Location: Award: Project: Location: Award: Awarded to: 2005 Gold Nugget Award of Merit Best Affordable Housing — Over 30 DU/Acre Pueblo del Sol Los Angeles, CA 2005 Gold Nugget Award of Merit Best Affordable Housing — Over 30 DU/Acre Alice Court Laguna Beach, CA 2005 Gold Nugget Award of Merit Best On -The -Boards Site Plan Coliseum Gardens Oakland, CA 2005 Builder's Choice Design & Planning `lerit Award Presented by Builder Magazine Pueblo del Sol Los Angeles, CA 2005 Urban Land Institute (ULI) Award for Excellence Pueblo del Sol Los Angeles, CA 2005 ALA (Alternative Living for the Aging) Achievement Award Creating Affordable Housing & Vibrant Communities The Related Companies of California Award: Project: Location: Award: Awarded to: Award: Project: Location: Award: Project: Location: Award: Project: Location: Award: Project: Location: SECTION B-IV. AWARDS 2004 Gold Nugget Award of Merit Best Infill Site Plan Pueblo del Sol, Phase I Los Angeles, CA 2004 SAGE Award Lifetime Dedication to Providing Innovative and Affordable Housing for Seniors William Witte and The Related Companies of California 2003 Gold Nugget Award of Merit Best Senior Project -Active Adult Bowen Court Senior Apartments Huntington Beach, CA 2003 NAHB Multi Family Best Mixed Use Development Paseo del Oro San Marcos, CA 2003 SAGE Award Project of the Year Village at Sierra Fontana, CA 2003 Gold Nugget Award of Merit Best Senior Project -Active Adult Fontana Senior Apartments Fontana, CA != RELATED Award: Project: Location: Award: Project: Location: Award: Project: Location: Award: Project: Location: Award: Award Awarded to: Award: Project: Location: Award: Project: Location: 2003 Gold Nugget Award of Merit Best Apartment Project— 1-3 Stories Fontana Senior Apartments Fontana, CA 2003 HUD Secretary's Opportunity & Empowerment Award Paseo del Oro Sam Marcos, CA 2002 Gold Nugget Grand Award Best Redevelopment, Rehab, or Infill Site Plan Hermosa Village Anaheim, CA 2002 Gold Nugget Award of Merit Best On -The -Boards Site Plan Aliso Village Los Angeles, CA 2002 Hope Through Housing's Founder's Lifetime Achievement in Affordable Housing William Witte & The Related Companies of California 1998 Gold Nugget Award of Merit Best Redevelopment, Rehab, or Infill Site Plan Paseo Village Anaheim, CA 1998 Anaheim Beautiful Multi -Res. Award First Place Paseo Village Anaheim, CA Award: Project: Location: Award: Project: Location: Award: Project: Location: Award: Project: Location: Award: SECTION B-IV. AWARDS 1997 Planning Award Neighborhood Revitalization Program Paseo Village Anaheim. CA 1996 Gold Nugget Grand Award Best Redevelopment, Rehab, or Infill Site Plan Temple Edgeware Los Angeles. CA 1996 Gold Nugget Award of Merit Best Senior Housing Project Vista Alicante La Mirada, CA 1996 Best of Senior Housing Awards Program National Council on Senior Housing — Honorable Mention Vista Alicante La Mirada, CA First Interstate Bank DesigniBuild Competition Recognition of a Design/Development Proposal of Exceptional Quality & Community Sensitivity e RELATED SECTION V. SELECT PROJECT EXPERIENCE LNFORMATIONAL SHEETS V. Select Project Experience Informational Sheets Attached are the Informational Sheets for the following sample projects: • Summercrest, National City, CA • Lion Creek Crossing, Oakland, CA • Paseo del Oro, San Marcos, CA • Pueblo del Sol, Los Angeles, CA • Grand Avenue, Los Angeles, CA 11 RELATED Summer Crest (formerly Plaza Manor) National City,Cahifornia A 372-unit project, Plaza Man original design concept was provide affordable housing to seniors and families. This 10.4 acre site is comprised of 232 garden -style units for families in two and three -bedroom configurations, and a 140-unit, seven -story high rise with studio and one -bedroom flats for seniors. Upgrades include courtyard improvements, trellised barbecue and picnic areas for family events, and new tot Tots. The newly remodeled 2,700 square feet community recreation building boasts a six -station computer learning center with Internet access, a social services office, arts & crafts area and a classroom facility for tutoring and ESL classes. A new 2,300 square feet day room/leasing office offers greater space for recreational activities, as well as health screenings and daily food progra All garden -style units received new paint and carpeting. refinished cabinets, upgraded window coverings, ceiling fans, hard -wired smoke detectors, new kitchen counters and sinks, refinished bath and shower enclosures. new mirrors, bathroom hardware, lignt fixtures and exhaust fans. Affordability • 30% at 50% Median Income 70% at 60% Median Income (All of the units have Section 8 assistance) Status • Rehabilitation completed December 31, 2001 18201 Von Karrnan Avenue, Suite 900 Irvine, California 92612 Phone: 949-660-7272 Fax: 949-660-7273 www.related— a.com Summer Crest (formerly Plaza Manor) loper � �e Related Companies of California Non -Profit Partner • Las Palmas Foundation Architect • Musser Architects, Inc. Contractor Portrait Homes Property Manager • Related Management Company Mezzanine Lender • American Mortgage Acceptance Company Permanent Lender • California Housing Finance Agency cipal Agency • ,ty of National City Financing Equity (from sale of low-income housing tax credits): $7.3 million Permanent Loan: $15.3 million from the California Housing Finance Agency Soft/Gap Funds: $500.000 from the City of National City HUD Section 236 Interest Reduction Payments: $2.1 million • National City, California 10.1111103 11111103 + III 1!� `111i1f 18201 Von Karman Avenue, Suite 900 Irvine, California 92612 Phone: 949-660-7272 Fax: 949-660-7273 35 www.related-ca.com Lion Creek Crossings Oakland, California Lion Cree< Crossings is a multi phase mixe income cornmun. ty located in East Oak!ar California Financed as part of a HOPE b, Grant to the Housing Authonty of the City of Oaklandthe p-oect includes four phases of mu:ti family affordable rental units and 28 fcr sale town horres. The 22 acre pace! consisted of physically obsolete publ.c 'ousing units and an ad hoc mix of light industrial property. Located a block from the Coliseum BART station, this project is viewed as a catalyst for transformation of this neighborhood into a new transit village. The new neighborhood wall include a five acre public park (with a creek runn ng through it) and approximately 12000 square feet of community service space that will be home to a computer lab, a head start and child care center as well as space fcr after school programs and job training programs The project includes 443 one, two, three, four and five bedroom town homes and flats affordable to households earring between 30 and 60% of median income and 28 for sale town homes. a018201 Vaal KamanAvawe, Suite900 Irvin CaliforniaCalifoa 92612 Phone: 949-660-7272 Fax919-660-7273 www. bed-ca.00m Oloper Related California East Bay Asian Local Development Corporation Oakland Housing Authority Architect Pyatok Architects. Inc. Kodama Diseno Architects YHLA Architects Wraight Architects Property Manager Related Management Company Municipal Agency City of Oakland Financing CaIHFA State of California HCD City of Oakland Oakland Housing Authority D ells Fargo Bank Affinity Bank Far East Bank Tax Credit Investor MMA Financial Lion Creek Crossings Oakland, California r►''•Ji� 18201 Von Karman Avenue, Suite 900 Irvin, California 92612 ['hone: 949-660-7272 Fax 949-660-7273 347 www.related-ca.oam Paseo del Oro San Marcos, California Paseo del Oro is a great exan of "Smart Growth," where reside, in the neighborhood can walk to work and shop within their com- munity. It is also within walking distance of an elementary school, middle school, and a junior college. This project is part of the revitalization of the Richmar neighborhood in the City of San Marcos. The five -acre property consisted of severely deteriorated retail buildings that were built approximately 40 years ago. Paseo del Oro development is the final component to completing the revitalization of this neighborhood. This mixed -use complex includes 120 multi -family units, 23,000 square feet of retail space, a pool, and two activity centers providing community services and social service programs such as computer training for sc age children and adults. The deg includes housing above retail space and a pedestrian paseo, both of which activate the street. Affordability • 45% and 50% of Median Income (20% market rate units) Status • Construction completed January 2002 18201 Von Karman Avenue, Suite 900 Irvine, California 92612 Phone: 949-660-7272 Fax: 949-660-7273 www.rclated-ca.com [Soper • I he Related Companies Non -Profit Partner • Southern California Housing Development Corporation Architect • Studio E Architects Contractor • Portrait Homes. Inc. Property Manager • Southern California Housing Development Corporation Construction Lender • Housing Capital Company Permanent Lender • Red Mortgage Capital/Fannie Mae Mtipal Agencies •of San Marcos redevelopment Agency • County of San Diego Department of Housing and Community Development Financing • Equity: $10,000,000 • Permanent Loan: $4.2 million from Red Mortgage Capital • Soft/Gap Funds: $3.150,000 from the City of San Marcos $850,000 from the County of San Diego • Paseo del Oro San Marcos, California 18201 Von Karman Avenue, Suite 900 Irvine, California 92612 Phone: 949-660-7272 Fax:949-660-7273 www.related-ca.com Pueblo del Sol East Los Angeles, California Pueblo Del Sol is a multi phase ncome/ mixed -use community located in Boyle Heights neighborhood of East Los Angeles. Financed as part of a HOPE VI Grant to the Housing Authority of the City of Los Angeles, the project includes two phases of mu;ti-family affordable rental units; a phase of for -sale homes and will ultimately house a magnet high school that is being built by the Los Angeles Unified School District. Tne 35-acre parcel consisted of physically oosolete public housing units and ad hoc retail/ commercial space that inadequately served the previous residents. Through the HOPE VI grant, the entire neighborhood was revitaized into a new community that ircludes several large tot lot/ play areas for ch' dren. a 1.5 acre park to serve the residents; a new MTA mass transit stop; a bus stop and a new High School in addition to the existing elementary school that cJrrently exists. The project incudes 377 one, two, three and four bedroom tcwnhomes and flats affordable to househo ds earning between 30 and 60% of median and 93 three and laig bedroom single family homes 27 ofir s ngle family homes will be set aside former public housing residents. The two affordable rental phases also included a 6.000 management/ community facility with a pool for residents as well as a 6,000 square foot community service facility that provides after school space, a computer lab and social service offices that will coordinate a wide range of services for residents. Affordability • Rental units range from 30% to 60% of Area Median Income Status Phase 1 and Phase 2 rental units were completed in Fall 2003. • For Sale units are anticipated to oe completed by Summer 2004. 201 Von Karman Avenue, Suite 900 Irvine, California 92612 ('hone: 949-660-7272 Fax: 949-660-7273 www.related-ca.com Pueblo del Sol East Los Angeles, California fatloper: e Related Companies of California • McCormack Baron Salazar, Inc. Non -Profit partner: • Housing Authority City of Los Angeles Architects: William Hezmalhalch Architects, Inc. Quatro Design Group Wraight Architects Von Tilburg, Banvard & Associates, Inc. Contractor: • Hensel Phelps Construction Co. Apartments •rtrait Homes, Inc. Management Building • Cobalt Construction Co. Community Service Building Property Manager: McCormack Baron Salazar, Inc. Municipal Agency: City of Los Angeles Financing: Housing Authority City of Los Angeles - $20.5 Million invested Sun America Affordable Housing Partners & Fannie Mae - $50.5 Million invested • 18201 Von Karrnan Avenue, Suite 900 Irvine, California 92612 Phone: 949-660-7272 Fax: 949-660-7273 www.related-ca.com true destination. With Los Angeles into a . Grand des Avenue will 116 [s r transforming �n� downtown nuts scene tochefs, GRAND AVM arts end culture scene t o, mown use, amidst a thriving specialty retail, feature t e architecture of the best in spe four hour all access dew d luxury residences.'N+en feature the convergence unparalleled cuisine, an n living. .6 million square foot u+� Frank Gehry, the three ally souks and urban acre. Designed by renowned architect, multi -levels including encompasses nine acres stress terraces, open-air mix Ph t of an open air plaza surrounded by o paw, phase t consists restaurants with landscapes rent and upper level retail, market, the Mandarin Oriental Hotel, h8,,00 street f and 500 residences square balconies androof healtt�Tc ub facility, Squared skyline. !:RELATED grand avenue [los angeles, california] Niro Product: Status: Total Cost: Total Size: Site Area: Urban Mixed -Use Under development $2.5 - $3.0 billion 2.8 - 3.6 million square feet Nine acres across three city blocks and a 16 acre park: • Phase 1: Block Q (-3 acres) and 16 acre park • Phase 2: Block L/M (-3 acres) • Phase 3: Block W (-3 acres) Overall Program Summary Residential Retail/Dining Luxury Hotel Parking Streetscape Civic Park 2.100 - 2.600 units (20% affordable housing) 400.000 - 600.000 square feet 275 keys 5.000 underground spaces Improvements from Fifth Avenue to Chavez Avenue 16 acre park Phase 1 Summary: Block Q Total Size Residential Retail/Dining Luxury Hotel Parking Streetscape Civic Park 1.3 million square feet 500 units (20% affordable housing) 250.000 square feet 275 keys 1.500 underground spaces Improvements from Second Avenue to Temple Street 16 acre park 1 Development Team Developer: The Related Companies. L.P. Architect: Frank Gehry / Gehry Partners, LLP Media Contacts Kathleen Flood Vice President MWW Group Los Angeles (213) 486-6560 kflood@mww.com David A. Herbst Senior Vice President MWW Group Los Angeles (213) 486-6560 dherbst@mww.com SECTION 13-VI. REFERENCES VI. References Provide below are three business references per the RFQ requirements: 1) Foundation for Social Services, Inc Contact: Address: Phone: Relationship: 2) IISBC Contact: Address: Phone: Relationship: Johnathan Webb 4029 Westerly Place # f 0I , Newport Beach, CA 92660 949.253.3120 Partner on previous projects Patrick McNicholas 660 S. Figueroa, Suite 800, Los Angeles, CA 90017 213-553-8020 Financial Partner 3) Anaheim Community Development Department Contact: Lisa Stipkovich Address: City Hall West, 201 South Anaheim Boulevard, 106 Floor, Anaheim, CA Phone: (714)765-4301 Relationship: Executive Director of City of Anaheim Housing Authority FOUNDATION FOR SOCIAL RESOURCES, INC. HSBC CD IMF !:RELATED DEVELOPER & SERVICE PARTNER PROFILE AND EXPERIENCE Community HousingWorks SECTION ('-1. FIRM OVERVIEW I. Firm Overview Community HousingWorks (CHW) is a nationally -recognized countywide, 501 (c.) 3 non- profit organization that helps people and neighborhoods move up in the world by providing a full range of housing options, combined with training and support. We build and own beautiful affordable apartments, provide unique first-time homebuyer loans, and provide support and training that strengthens communities and helps kids and adults build a wealthier future. Since its inception in 1982, CIIW has served the San Diego County region through our affordable housing developments, lfomeOwnership Center, and community programs which strengthen neighborhoods and help families become more financially independent and move up in the world. CHW is San Diego County's only member of the national NeighborWorks Network) and a proud affiliate of the National Council of La Raza. The organization was formed by the 2002 merger of Community }lousing of North County and the San Diego Neighborhood Housing Services (NHS). Community HousingWorks is a member of the elite national NeighborWorks® network and an affiliate of the National Council of La Raza. Community }-(ousingWorks has served the San Diego community from its Mid -City offices since 1982 while the multifamily development division began operation in Escondido in 1989. Community (lousing Works has 46 employees with offices at the City Ifeights Center, 4305 University Ave., San Diego 92015, and at 1820 South Escondido Blvd., Escondido, 92025. Community HousingWorks' hoard members come from a wide range of backgrounds, including the real estate professions, small business, human relations, social services, community leadership, and the military. The Board meets the HIJD standards for a Community HousingWorks Development Organization (CI IDO) and thus is qualified to accept all types of federal as well as redevelopment agency funds. Who We Serve In 2007, Community IousingWorks served over 5,500 individuals, families, and children through its affordable housing developments, HomeOwnership Center, and community programs. CIIW owns and manages 29 affordable housing complexes that are located throughout San Diego County, including rural areas and farm worker communities. The cities and communities that CHW serves are: Fallbrook, Oceanside, Encinitas, Vista, Carlsbad, Escondido, Poway, Lakeside, San Diego's Shelltown, City Heights, Mid -City and North Park communities. The residents in CIIW's rental complexes are exclusively low- or very low-income individuals, families, seniors, and disabled persons; and 100% of residents are below 80% of the area median income at initial residency. The overall ethnic breakdown is: 51% Latino; 12% African -American; 8% Asian/Pacific Islander; 1% Native American; and 28% Caucasian. About one-third of CIIW households earn less than 35% of the County's median income ($19,000 for two people, or $25,000 for a family of four). CHW's IlomeOwnership Center makes the dream of homeownership a reality for many low-income families in San Diego every year. CHW provides education and counseling in both English and Spanish and is the only non-profit broker./lender in San Diego. in 2007, CHW created 88 new homeowners (48% Ilispanic) and graduated 557 households (44% Hispanic) from IlomcBuyer Education. 440 SEC1ION C-I. FIRM OVERVIEW Experience Community HousingWorks has a successful history as a multi -family developer in urban, suburban, and rural communities, having completed 1,515 rental and cooperative apartments in 29 complexes. Nine hundred and ninety seven (997) of these apartments (66%) have been completed since 2000. With SOLARA, Community IlousingWorks was recognized as California's leading developer of green and sustainable affordable housing. Five of our affordable housing complexes include newly constructed childcare centers and one includes an 8,000-square foot community services facility. Community HousingWorks is unique in having 15 years of experience providing outstanding comprehensive programs that help our residents build assets in order to move up in the world. Between five to seven percent of the residents who moved out of our complexes move into homeownership each year. Our programs are outcome bused and part of a national pilot program to measure the impact affordable housing has on families and our communities. Our development teams have successfully completed large-scale new construction and substantial rehabilitation developments ranging in size from 21 to 180 units. The successful development and operation of these projects demonstrates our capacity to acquire, design, purchase land, obtain entitlements, build and operate large-scale residential developments in a wide range of urban settings. Community HousingWorks is a regional leader in creative development for affordable housing projects and maintains the ability to provide project funding for the National City Public Works Center Transit Oriented Development (Public Works Center - TOD) affordable housing component. We have received more competitive tax credit allocations (17) for San Diego than any other developer and can use this strong track record to bring equity to the Public Works Center - TOD development. Community IlousingWorks' most recent tax credit project netted $1.06 in equity on each dollar of tax credit, which indicates the high value that tax credit investors place on our quality product. Our Asset Management staff maintains high maintenance and financial standards in a diverse portfolio that includes two special needs projects, five projects jointly -owned with residents, and 17 tax credit projects, distributed over several hundred square miles and seven jurisdictions. We oversee outside property management companies in all but two of the complexes. Community HousingWorks' permanent affordable housing portfolio operates at 3% vacancy and collection loss and has consistently met all reserve and partnership management fee targets. Quality Design Community IlousingWorks designs beautiful and award -winning projects which fit into their communities and bring pride to the neighborhood. We have extensive experience designing and building multi -family projects with recognized architects including Rodriquez & Simon Design Associates (four developments), Studio E Architects (six developments), John Quigley (one development), and Martinez Cutri (two developments). In addition to the awards listed below for Community IlousingWorks' apartment communities, Community HousingWorks' projects have won recognition in Time magazine, Business Week and design journals and have been featured on the cover of an Urban Land Institute guide to affordable housing programs. SECTION C-i. FIRM OVERVIEW Successful Partnerships Community IlousingWorks brings experience, flexibility and demonstrated success with partnerships in development- These relationships demonstrate Community IlousingWorks' ability to work successfully with a master developer, such as Related Companies, and with City staff and the local community to design and successfully complete affordable housing at Public Works Center - TOD. In two projects, Community IlousingWorks partnered with the for -profit company, Central Pacific Housing and Development. CIIW formed a development partnership with Mercy Housing California to design and build La Costa Paloma, a 180-unit inclusionary project in Carlsbad, which also involved working closely with a master developer, Morrow Development. Community HousingWorks also acted as turnkey developer for North County Solutions for Change to site, design and build 33 transitional family apartments and 8,000 square feet of related service facilities in Vista. In all other projects, Community HousingWorks has been the sole developer. it is important to note that Community HousingWorks was the lead development partner in all these partnerships responsible for financing, overall project entitlement, management and construction. There are some nonprofit developers in southern California that are half as old as CHW, yet report twice as many units under ownership but it is important to look closely at the facts - many nonprofits serve as partners only to provide the welfare tax exemption, asset management and resident services, but do not lead, nor fully participate, in the development risk and process. Community I IousingWorks staff has been directly responsible for designing, entitling and building, or acquiring, each of its 29 affordable housing complexes. Community HousingWorks also has established partnerships with cities, including the City of San Diego, and in Fallbrook, Oceanside, Poway, Escondido and Vista where the public jurisdiction has invited us back to do multiple housing developments. We have demonstrated our ability to provide timely implementation of development and strong property management. The diversity of these partnerships is also evidence that we are able to tailor projects to "fit" a range of individual sites, communities and neighborhoods. Community HousingWorks has well -established relationships and a strong reputation among local community organizations and public officials throughout San Diego County. Community IlousingWorks has demonstrated its commitment to community input and accountability. impact -- Affordable and Mixed Income (lousing Community IlousingWorks is San Diego's only housing developer that serves the full range of incomes in the community, from recently homeless, disabled and elderly individuals living on SSI, to working homebuyer families earning $75,000. Residents in our rental and cooperative home ownership complexes represent a healthy mix of individuals ranging from as low as 20% AMI to 80% AMI, from farmworkers to bank tellers to teachers and secretaries. Community IlousingWorks is also known for developing housing for entry-level, working individuals with a range of incomes. Community IlousingWorks provides over 1,500 low-income families, seniors and individuals with disabilities with permanent affordable housing and assists over 50 families each year in the transition from homelessness to stable housing and jobs. Community HousingWorks directly served over 4,000 unduplicated residents and r4lek HousingiAbiics µ8 SECTION C-I. FIRM OVERVIEW customers in the last fiscal year and impacted an estimated 5,000 more in its neighborhood revitalization efti)rts. Financial Capacity Community HousingWorks — A Strong and Viable Business Concern: At the close of the fiscal year 2007, Community HousingWorks had Unrestricted Net Assets of $5,301,806. Community 1-lousingWorks maintains a cash position covering at least six months of operations. Our funding sources are diverse and include govemments, foundations, corporate grants, developer fees, and property management fees. Our annual audits are made in conformity with generally accepted accounting principals for nonprofit organizations and have always had an opinion expressing full compliance to those procedures. Community I lousingWorks has no legal issues that would detract from our ability to perform contractually. The organization has a strong reputation for good business management and for delivering on its promises. Community HousingWorks' excellent financial health and a high rating from private lenders and affordable housing finance programs enable us to raise the financing required. Community llousingWorks has a track record of obtaining competitive financing from sources including private lenders, Low Income Housing Tax Credits investors, the Department of housing and Urban Development, and the State of California. Many lenders and finance programs consider Community I lousingWorks an "AAA" -rated developer among statewide for -profit and not -for -profit affordable housing developers. Our equity investors include the National Equity Fund, Related Companies, PNC Columbia, MMA Financial, and Alliant Capital. This strong financial capacity strengthens the foundation for Community }lousingWorks to undertake multi -family development. Community HousingWorks' net worth allows us to leverage predevelopment loans and to undertake multiple new projects at one time. Community IlousingWorks has its own housing Futures Fund with over $1.2 million in funds from Community Development Financial Institution (CUP]) and lines of credit, at below market rate interest. Member of NeighborWorks ° Network: In 2002, Community HousingWorks was invited to join the elite NeighborWorks'' network which provides a dralnatic boost to its organizational capacity and long -tern stability. The NeighborWorks network is a 25- year old national network of over 230 community development organizations that enjoys technical support by Neighborhood Reinvestment Corporation and funding through annual Congressional appropriations. In order to join NeighborWorks, Community IlousingWorks passed a rigorous organizational audit, including a multi -day review of the organization's financial procedures, board accountability, and compliance systems. Community HousingWorks has access to annual NeighborWorks operating support grants and to capital grants for project investments. To help address organizational goals, the network provides free technical assistance in human resources, fundraising, strategic planning, technology, and homeownership products. Most important to local governments and lenders, Neighborhood Reinvestment provides a unique back-up system of oversight and organizational assistance to NeighborWorks' members. To stay in the network, Community HousingWorks must pass a rigorous organizational review at least every two years. And in times of change or trouble, the network steps forward to help. It can assist a hoard to hire a new Executive Director, provide an interim executive director, or send in an accounting wizard or a board trainer SE(rloN G1. FIRM OVERVIEW to address particular problems. This level of backup and oversight is unique in the world of small business and nonprofits. Organizational Capacity Community HousingWorks brings strong staff and organizational capacity to complete the desired development. Community HousingWorks has strong capacity to undertake new projects. The Housing and Real Estate Department has been responsible for completing 29 developments, including 12 new construction and 17 acquisition with substantial rehabilitation and acquisitions to preserve existing affordable housing. The Vice President of Housing and Real Estate Development (HRED) supervises six staff: three project managers, two assistant project managers, and one year -long intern. Each project manager is expected to oversee between two to four projects depending on the stage of development and project complexity; this gives Corrununity HousingWorks a capacity to carry up to 10 projects in any given year. Community HousingWorks has five projects that are active and in our pipeline: one project in construction, one acquisition rehabilitation project in process, and three new construction project in the early feasibility stage. The Community llousingWorks development staff has capacity to undertake new projects including the Public Works Center — TOI) affordable housing component. SECTION C-II.ORGANIZ.ATION STRUCTURE AND KEY PERSONNEL. II. Organization Structure and Key Personnel 2008 Board of Directors June Collins, Chair June Collins is an Environmental Planner and the Manager of the Environmental Sciences Division at Dudek and Associates, an Encinitas -based engineering and environmental consulting firm. Collins has gathered over 20 years of professional experience in the areas of planning and environmental analysis and has special expertise in master plans and resource protection issues. Her credentials include a Bachelors degree in Science from the University of Michigan and affiliations with the American Planning Association (AICP) and Association of Environmental Professionals (AEP). She has been a member of the board since 1998. Karen Bucey, Co -Chair Karen Bucey is an urban enthusiast, City Heights activist and urban planner. As Chair of the City Ilcights Redevelopment Area Project Area Committee, she has led community input into eight million dollars a year of public investment into San Diego's gateway immigrant community. Karen is a Development Services Department Planner at the City of San Diego, drawing on her past experience as a Senior Land Use and Environmental Planner for TRS Consultants. Professional affiliations include the American Planning Association (AICP) and Association of Environmental Professionals (AEP). Iler other community involvements include a mayoral appointment to the San Diego Relocation Appeals Board, San Diego Downtown Rotary, San Diego's Pride Festival and the Azalea Park Neighborhood Association. She holds a degree from San Diego State University in Public Administration and City Planning. A volunteer with Community ltousingWorks for over 10 years, Karen has served on the board since 2006. Steve Siemers, Treasurer Steve Siemers is a Vice President of California Bank and Trust and a long-time advocate for lender involvement in affordable home lending. In the mid-1990's he helped to create one of San Diego's first 100% home financing products, a 90% first mortgage product paired with Community I IousingWorks' I LOOP loan. His other board involvements include the local Cancer Institute. Ile has served on the board since 1996, through our co-founder San Diego Neighborhood Ilousing Services. Annie Stokes, Secretary Annie Stokes is a retired entrepreneur and human relations and marketing professional. Her primary business was marketing and promotional development focusing on recruiting, screening and training of employees. She is active in the community, as a member of La Jolla Republican Women, as a mayoral appointment to the San Diego HomeCare Advisory Committee, and as a part of various political campaigns. Iler many prior affiliations include: Commissioner on the Bergen County Status of Women Board, Board member of the Urban League in New Brunswick, New Jersey, and of the National Association of Social Workers, Washington D.C. She is a graduate of Ramapo College of New Jersey with a Bachelor's degree in Social Work. She has served on the Board since 2002. Maxine Baker -Smith SECTION ('-11. ORGANIZATION STRUCTURE AND KEY PERSONNEL. Maxine Smith gave up her business "Maxine's Answering Service" in Baltimore and relocated to San Diego to be with her ill brother. Her long-time tenant advocacy and experience with developmentally disabled children led to a job at the Stein Education Center for the Special Challenge Children. Maxine also works for the City Heights Community Development Corporation as a Resident Service Coordinator working with over 200 tenants. While in Baltimore, Maxine worked as a cosmetologist, private duty nurse, Case Manager for the Department of Social Services, and substitute Special Education teacher. She served on the Department of Agricultural National Advisory Hoard for the WIC Program, and formed several committees such as the Freedom Tenant Association. Additionally, she created the Neighborhood -Clean -Block in association with the Afro -America Newspaper. In San Diego, she is strongly involved in her church, The Eagle Nest Christian Center, and was appointed Deaconess in 2004. Maxine has been a Board member since 2002. Josie Calderon Josie Calderon is the President and Owner ofJLC Consultant Services and is a community relations public servant working to improve the quality of life in communities historically underrepresented. Josie is a member of the California Commission on Teaching Credentials and is president of the Mexican American Business and Professional Association. Among her successes has been the creation of the SR 125 Community Advisory Committee (CAC) to promote a two-way dialogue between the stakeholders of a diverse array of communities, as well as project partnership facilitation with Caltrans, SANDAG, the City of Chula Vista and the city of San Diego. Josie regularly works to bring together community stakeholders in the South Bay to develop successful civic outcomes through creativity and collaboration. Josie joined the Board in 2008. Guadalupe Corona Guadalupe Corona is the Director of the United Front Multicultural Center at the University of San Diego. Corona is a passionate connector across San Diego's diverse communities, from her founding role in the Latina/o Unity Coalition, to numerous outreach efforts within the American Jewish Committee, the MLK Breakfast Committee, and the LGBT communities, to name only a few. Corona's leadership recognitions include awards from KPBS hispanic Heroes, Metropolitan Magazine's 40 under 40, KSWBS Unsung Heroes, and the Viejas Band of Kumeyaay Indians. Her involvements include the hispanic Chamber of Commerce, San Diego MANA, Police Latino Advisory Board, and the National Society of Ilispanic MBA's. Corona is a successful first time homebuyer, using Community llousingWorks' programs. Corona holds a Master's in Educational Leadership and is completing a Ph.D. She has served on the Board since 2006. Christian Dick Christian Dick is a real estate development professional, with a focus on delivering strategic results for customers. Ile is a Project Manager for Swinerton Construction Management. Holding a Master's in Business, Dick is also active in the Urban Land Institute and the Bishops School Alumni Association. Ile has served on the Board since 2007. Greg Fitchitt Greg Fitchitt is the Director of Development for Westfield Shopping Centers with over ten years of experience in the development field. An active participant on numerous SECTION C-II. ORGANIZATION STRUCTURE ANI) KEY PERSONNEL boards and community organizations throughout southern California over the past few years, Greg currently serves on the San Diego County Taxpayers' Association and is a board member. Ile's also active with the Urban Land Institute, Real Estate Finance & Investment Society, and the International Council of Shopping Centers. Greg is also a former board member and past president of the Venice Community Housing Corporation near Los Angeles. Greg joined the Board in 2008. Albert Graff Al Graff is a retired business executive who leads an active church and volunteer life. Ile is a deacon with the Diocese of San Diego serving principally the spiritual and temporal needs of the Latino community of St. James and St. Leo Catholic Churches. In addition, he is director of St. Leo's medical and dental programs, is the co-founder of Esperanza International, serves on the Board of the Community Resource Center and the Mexican American Educator Guidance Associates, and is a member of the San Dieguito Interfaith Ministerial Association. He has a Bachelor of Science degree in Mechanical Engineering from the University of California, Berkeley, CA. Ile was a founding member of the Esperanza Housing and Community Development Corporation Board, one of our founding organizations, and has served on the board since 1992. Eddie Lopez Eddie Lopez is a manager for A & M Properties, a proud single father and a resident of the SOLARA apartment complex in Poway. Originally from Los Angeles, Eddie and his son moved to San Diego after experiencing a series of hardships. Eddie has graduated from Community IlousingWorks' Financial Fitness program and is currently saving to buy a home in the Poway area. As a board member, Eddie provides valuable feedback on resident needs and services. Eddie joined the Board in 2008. INDIVIDUALS SERVING IN AN ADVISORY CAPACITY Dennis Doucette Mr. Doucette is a corporate attorney and partner with Luce, Forward, Hamilton and Scripps LIT. He serves as General Counsel to Community IlousingWorks and attends Board of Director meetings as a non-member volunteer. He is a resident of Del Mar, works with and serves on several nonprofit boards of directors, and graduated from the University of San Diego School of Law. Mr. Doucette and his law firm have worked with CIIW since beginning with one of CHW's founding organizations, Esperanza Housing and Community Development Corporation, at its inception in 1991. Tim Baker Tim Baker is an experienced real estate development professional, with over 15 years of experience in development and finance. In his position as Senior Project Manager at American Property Enterprises, he oversees acquisition and entitlement for new construction residential projects. His prior experience includes eight years of completing affordable multifamily housing developments, at Community IlousingWorks and at BRIDGE Housing, and seven years in commercial lending. Tim's involvement in affordable housing issues continues as a board member of the San Diego Ilousing Federation. Ile holds graduate City Planning and business degrees from VC Berkeley and University of San Diego, and is a proud Fighting Irishman from Notre Dame. Tim has served on the board since 2006. SECTION (-111. SOCIAL SERVICES AND COMMUNITY BUILDING I1i. Social Services and Community Building Community I-iousingWorks is uniquely positioned to provide ongoing program management for an "incubator" at the Public Works Center- Transit Oriented Development which will provide training and services to empower residents in the complex and the community to more effectively pursue home ownership and higher paying jobs. CIIW is a successful developer/owner of 29 affordable apartment complexes in San Diego County and a builder of vibrant communities. CIIW takes a holistic approach to resident services -that enables residents to move up in the world and thrive through a full range of programs including the Learning Communities and VALOR scholarship program for youth and comprehensive programs for adults including Employment Assistance, the IlomeOwnership Center's Financial Fitness Education, Innovative Loan Products and Counseling, the Community Development Institute and our Neighborhood Civic Leadership Program. The Learning Communities program serves as an incubator of asset -building programs designed to give residents the tools needed to help move them up and into homeownership. CI{W has been offering a free after school homework assistance program as part of the Learning Communities for over seven years. Currently we operate 15 sites throughout San Diego County. Our Learning Communities program is a cornerstone of CI IW's housing and community development model because it addresses the needs of the whole family. This program includes after -school activities for the children of residents; Family Asset Building for youth and adults (which addresses money management and credit, and the steps to homeownership); leadership training; and schoolwork assistance for middle school youngsters. Community IlousingWorks is a member of the national NeighborWorks America Learning Center Consortium, a demonstration program designed to collect best -practices among organizations with housing -based learning centers to determine how to implement similar programs in affordable housing environments. The goal of the Learning Corrununities program is to improve children's school performance and provide computer access to increase their likelihood of going to college or trade school. This program is especially helpful for low-income and second -language learners whose parents are either working and/or are often unable to provide them with the educational support they need to do their homework. Report cards show that students improve their grades with the assistance of this program. Currently, 63% of youth who attend the after school progratn at a CHW Learning Community are earning a "13" average or better in school. In addition to offering horncwork support, the Learning Communities program offers a summer reading and math retention program and arts and crafts projects planned around school, "green", and community themes. We also hold regular recognition events that highlight school and personal achievements and involvement. The Board of Directors has created the VALOR Scholarship program for graduating seniors who have volunteered in the program. We also plan special events and activities to encourage reading and math skills acquisition and the development of community, including movie nights, holiday parties, and community projects. o The VALOR Scholarship is offered to our Junior Leaders. Applicants must be residents of one of Community I lousingWorks' complexes or a nearby �µ SECTION C-III. SOCIAL SERVICES ANI) (7OMMUNITY BUILDING community, be accepted into a college or technical training school, and have volunteered as a Junior Leader in our Learning Communities Program. o The VALOR scholarship achieves many goals: I.) It offsets college expenses such as books, tuition and parking; 2.) Rewards these young adults for their service; 3.) Reinforces the spirit of volunteerism in their communities, and; 4.) Builds the ambition of higher education in communities where college often seems an impossible dream. Employment Assistance activities are initiated through CIIW's Community Building Services and Learning Communities Program. CIIW's Community Building Services Coordinators are proactive in helping residents' access work readiness and vocational training opportunities. At each of our Learning Centers CHW provides a resource area with employment related programs, services and agencies. The Community Building Coordinator will help individual tenants identify, explore, establish, and meet educational goals through CHW's on -going partnership with local educational institutes. CHW partners with the Work Force Partnership, the Center for Employment Training (CET) and Community Resource Centers to support residents who want to find new or improved employment opportunities. These services include work readiness services, job placement, ESL classes, literacy education, and job training at their off -site facilities. Community Housing Works Home Ownership Center is IIUD-certified and provides qualified residents with down payment loans, rehab loans, and homebuyer education and counseling. This first-time home buyer program helps build families' financial independence and strengthen neighborhoods. • The HomeOwnership classes and counseling are available in both English and Spanish and include the following: o HomeBuyer Education: Consists of one to two workshops totaling eight hours that are geared toward potential homcbuyers with stable income, g(x)d credit, and are nearly ready for homeownership. o Pre -Qualification Counseling: Graduates of IlomeBuyer Education qualify for an individual pre -qualification counseling session with CIIW staff or a lending partner who will review their credit and income to determine what type of housing a family can afford to purchase. At these sessions buyers also learn if they are eligible for any of CHW's First - Time Homebuyer Loan products that provide downpayment, financing or closing cost assistance. o Post Purchase Counseling: Provides budgeting, home maintenance, and delinquency/foreclosure prevention training to new home owners who have gone through CHW's programs. By the close of 2008, CI IW will have created nearly 115 new homeowners and is on track to graduate over 1,000 households from FlomeBuyer Education. Innovative Loan Products offered by CHW include a variety of loan products designed to assist qualified buyers purchase their first home. These loans include: CASII (Cost Assistance Support for 1-lomebuyers) down payment and/or closing cost assistance loans for first-time homebuyers; 1IOOP (Homeownership Opportunity Program) financing SECTION (-Itt. SOCIAI. SERVICES ANI) COMMUNITY BUILDING assistance in the form of a second mortgage up to 20% of the purchase price, provided by CI 111111 (Ilome in the Ileights) deferred and fully forgivable loan assistance to City l leights renters, police, fire, teachers and non-profit employees as well as City employees in partnership with the Redevelopment Agency; and Call-lome loan funds that allow first- time homehuyers earning less than 80% of area median income to obtain fully deferred down -payment loans. Financial Fitness Education is a bilingual training helps residents to create financial goals, clean-up their credit, and learn to budget, save, and even open checking and/or savings accounts. Financial Fitness Education has been a component of Ci iW's services for four years and we have been selected as part of a national pilot through the prestigious NeighhorWorks network, of which Community I lousingWorks is a member, to track the positive benefits of providing Financial Fitness Education in affordable housing. We have also added a financial titness training program for youth. This program is to help children understand about financial matters and to encourage savings for college. We will offer at least one onsite Financial Fitness training program each year for the adults and one cycle of training for the youth. in 2008, Community IlousingWorks helped reduce the debt of San Diego families by over $/.3 Million through its Financial Fitness training and education. • Within the Financial Fitness Education is the FAB (Family Asset Building) program that seeks to cater to individual residents' concerns. A detailed description of the financial titness subdivisions include; o Youth Financial Fitness Club: 5 one -hour sessions, instnictor facilitated, computer training program, providing incentives for individuals who complete the program and open a savings account. o Adult Financial Fitness Education Workshop: 6 hour workshop, including participant credit score and budget plan; 6 month post - evaluation. o Matched Savings/IDA Program: Work with local financial institutions and individuals to establish matched savings accounts for education, small business start-up, homeownership and other eligible activities. c� FAI3 Club: Quarterly meetings with speakers and support that help participants meet financial goals, with discounts and matched savings as available. o Holiday and Tax Preparation Workshops: Financial planning for the holidays and how to prepare for tax season with emphasis on eligibility for EITC and child care credits. o Earned Income Tax Credit and -fax Assistance: Outreach and assistance to maximize earned income tax credit assistance and tax returns without predatory fees • META -Micro Enterprise Training Academy: Six 3 hour workshops, designed to educate and support individuals who are interested in starting or improving a small business. Work in cooperation with local colleges to proved one-on-one mentoring and support. Community Programs and Training Community IlousingWorks is a leader in providing services to the residents of its complexes. We offer our nationally -recognized, bilingual youth and adult programs with programs and services provided by other partners and community based organizations, to 6(p SECTION C-III. SOCIAL. SERVICES AND COMMUNITY BUILDING help residents move up in the world by strengthening their families financially and socially and helping them dream and achieve new goals. Our program includes: • Community Development Institute The Leadership Academy trains residents and neighborhood leaders in our communities in advocacy, organizational decision making and community mobilization through, I. Leadership Academy 2. Micro Enterprise Training Academy (META) 3. Neighborhood Civic Leadership Program These training courses equip residents and community leaders with skills that have led to gang crime reduction in Escondido, and the building of Cesar Chavez park in Oceanside. Community HousingWorks successfully shows residents how to initiate change in their low-income communities. The Community Building Coordinator will work with residents to organize resident council and committees to address the problems and needs of the respective multifamily housing complex. • The Neighborhood Civic Leadership Program develops the strengths and assets of residents and community activists representing a variety of diverse groups and to provide them with a core set of tools, allowing them to develop skills to run their organizations and achieve the goals of their group. The program consists of the following eight bilingual training modules: 1.) Building Community: Getting Started 2.) Working Together: Defining the Community Where You Live 3.) Discovering Your Resources: Asset Mapping and Networking 4.) Shared Vision: Bringing Neighbors Together 5.) Managing Conflict: Your Differences Become Your Strengths 6.) Groups Working Together: Building a Diverse Team 7.) One workshop to he developed for each organization in attendance 8.) One follow-up training to evaluate and celebrate what is learned • San Diego Farm Worker Community: Community HousingWorks provides more housing to the vulnerable farm worker community in San Diego than any other organization. CHW served as the lead agency in the Farm Worker CARE Coalition and led the 2007 tire disaster -relief response that brought in more than $600,000 in assistance. In addition, CIIW is a lead organizer of a multi -year Promotora health education program, a community health worker program that provides basic health information to this underserved community. Experience Over the past ten years, Community HousingWorks has grown a nationally recognized support prograrn for affordable housing residents and their neighborhoods. The Community Building Department now employs 24 full- and part-time staff, developing and offering programs for 18 rental housing communities and 3 homeless/special needs housing communities. Patti llamic-Christensen (Department Vice President) and Carmen Amigon (Department Director), the architects of most of CIIW's resident programs, started with CIIW in 1997 SECTION C-Ill. SOCIAL SERVICES AND COMMUNITY BUILDING by implementing the IIOGAR program that successfully relocated all the North County homeless farm worker families with kids, living in the canyons to conventional apartments and job success and the CENTRO transitional housing program that has provided 28 units of housing to homeless families for over 1 I years. • This innovative team then developed the Learning Communities Program, CIIW's leadership training programs supporting resident leaders in some of the county's most challenged immigrant communities, and now the Family Asset Building programs. Every year brings new program innovations and partnerships in the continuing drive to meet the mission. Most recently: o Ms. Amig(n was most recently recognized by CSUSM and the San Diego North County Latinas Association (NCLA) for making a difference in the community through empowerment via education and service. o Ms. Amigon was also recognized in September of 2006 in Oceanside for helping residents in Crown Ileights, one of the county's poorest Latino communities, to organize themselves and get the Oceanside Unified School District to restore bus service for middle school students in their high dropout, immigrant neighborhood. o Ken Blanchard Companies (of the One Minute Manager fame) has trained all of the Community Building Coordinators to deliver their Youth Situational Self -Leadership Training to CHW and trained all our Community Builder staff in delivering it. Low income youth across the county are dreaming goals and making an action plan to meet them! o In 2005, in recognition of our innovative resident leadership and development activities, we were selected as one of eight organizations to be a charter member of the NeighborWorks America Community Building and Organizing Best Practices Initiative. • In 2005, the Latino/Latino Unity Coalition Award further honored CIIW's years of community work. In 2003, CIIW's deep service in the North County Latino community was recognized by acceptance as an affiliate of the National Council of La Roza, with the unusual unanimous support of the major Latino community groups in San Diego County. Outcome Trackini -- the Core of Meeting our Mission. Community HousingWorks provides a number of resident services though its own staff, and also contracts services with prospective community partnerships based on the needed projected outcomes and deliverables. These are subject to cancellation or renegotiation if projected targets aren't met. CIIW is committed to making sure that our precious few affordable housing apartments actually help people move up in the world. Every day we see the many changes in residents that numbers just fail to measure, but we set goals towards numerically assessing each and every pivotal benchmark. o There are monthly reports to the President and Board on the number of people served by various programs, from residents volunteering and attending community events, to youth in the Learning Communities and workshop attendees. o There are quarterly reports on measurable "move up in the world" outcomes — improvements in credit scores, dollars yielded by Earned Income Tax Credit and 65 SECTION C-111. S(X:IAL SERVICES AND COMMUNITY BUILDING matched savings campaigns, youth improvement in school performance, number of homeowners with CI lW loans. o Monthly and quarterly reports track community building and organizing activities and accomplishments and are reported to funding agencies and national partners. o And annually we track the number of tenants who move out into homeownership (an annual average of 7%) and the housing retention success of formerly homeless residents. Community Partnerships include the County of San Diego, San Diego Housing Commission, National Council of La Raza, National Latino Research Center, Interfaith Community Services, the United Way, Child Protective Services, Elderhelp, The Center, Access San Diego, Crisis House, and student service -learning programs through CSUSM and Palomar Community College. CFIW also is able to partner with the Small Business Development and International Trade Center in National City, who will accept referrals from CIIW and will provide childcare to CHW clients. SECITON C-IV. PROJECT EXPERIENCE IV. Project Experience Hillside Village Poway, CA Hillside Village is located in the City of Poway- one block from the new Civic Center complex. The 7I-unit apartment development includes a community center, computer learning center and a child care facility on the 8-acre site. Community HousingWorks acted as the lead co -general partner during development and is sole GP for operations. The design takes advantage of the semi -rural atmosphere of the site which is located adjacent to both Poway Creek and a protected natural park that has trails for hiking and horseback riding. The project has 15 apartment buildings that incorporate 3 to 6 units with flats and townhomes. Each building has access to a laundry facility with an additional laundry facility located at the community center. The units are designed to he "pass -through" promoting airflow. Tuck -under parking will remove the automobile as the central focal point and replace it with commanding views of the neighboring park and/or surrounding community. The community center will provide meeting space, computer room and management office. Services will consist of CIINC Learning Communities program, including an after -school homework club and computer training. The onsite 2,914 square -foot childcare center provides subsidized spaces that will be available for up to 32 children. It will be an early childhood development program for pre-school children. The center will employ up to 5 people, and 8 parking spaces (1 handicapped) will be specifically provided for parents. Solara Poway, CA SOLARA is a fully sustainable affordable apartment community of 56 apartments in 6 two-story residential buildings with a 2,144 sf Community Center on 2.5 acres in Poway, California, suburban (inland) San Diego. Community HousingWorks, the Owner/Developer, constructed the community on an infill, blighted site that is within the Poway Redevelopment revitalization area. Flanked by a community park and existing rnarket rate rental housing, SOLARA is located across the street from major retail, and within walking distance of shopping, services, City Hall and library, schools, and on a major transit arterial. Community HousingWorks designed the apartment community as a deed -restricted for working families of incomes between 30-60% of Area Median. It is a family community, with 1, 2, and 3 bedroom units (8, 30, 18, respectively), including 2 two -bedroom units for the developmentally disabled. SOLARA, completed in March 2007 and 100°A° occupied, is notable as the first apartment community to be fully solar powered, with 836 photovoltaic (PV) panels producing 142 kw of electricity. Though tied to the San Diego (ias & Electric utility grid, PV panels mounted on the roofs and carports supply essentially all electrical demand. The California Energy Commission recognizes this as the first Zero Energy New I lome. Hillside Village Solara talk H 'tktrrfcs SECTION C-IV. PROJECT EXPERIENCE La Costa Paloma Apartments Carslbad, CA La Costa Paloma is an inclusionary, affordable multifamily rental development that overlooks the 4th Fairway of La Costa Resort, a world class PGA golf resort. This 180- unit complex of two -and three story stucco structures is part of the prestigious 3,600 unit master planned community of The Villages of La Costa, where new homes sell for more than $1.7 million and the area median home value is approximately $1 million. CFIW acted as the lead project manager/developer for the co -generals throughout. Sixty-one percent (61%) of the apartment homes are three and four bedrooms that typically accommodate large families and enable parents to be close to work and children close to schools. La Costa Paloma is also home to seniors, disabled persons and includes residents from 15 different racial and ethnic groups. The design and architectural details provide a safe haven for residents- the courtyards provide controlled spaces for small children to play while the expansive manicured lawn can accommodate large organized community events or spontaneous neighborhood soccer games. The 5,375 square foot community complex is a gathering place for the residents, and a key component for this successful development. It includes a large community room for resident meetings and social gatherings, and a ten -station computer room that offers access to state-of-the-art computers with internet access and educational programs to help both adults and children gain computer literacy Fallbrook View Apartments Fallbrook, CA The 4.11 acre site is located on a residential street in the town of Fallbrook, which lies in the heart of North San Diego County's agricultural area. Fallbrook View, a multifamily affordable housing development, consists of 80 apartments, on -site laundry facilities, subterranean and carport parking, and a 6,700 square foot community center/daycare facility. The community center includes an early -childhood development head Start facility, community meeting space, a computer room for the Learning Communities program, multi -purpose office space, a health screening facility, and a management office. All ground -floor units have been adapted to the needs of elderly and disabled households. Cedar Road Apartments Vista, CA This multi -family rental project includes ten units of transitional housing for homeless families funded through a grant from IIUD's Supportive l lousing Program. The majority of units are for large families, with 24 three and four bedroom units. The transitional units will be affordable to families making between 0% and 50% of area median income who pay 30% of their income for rent while working with individuals' case managers and other social service providers to rebuild their family and incolne stability The townhouse units are assembled around a landscaped courtyard. 'Two tot Tots, laundry facilities and community vegetable gardens provide places where families can interact. A series of community design meetings were held to develop the project design concepts, and Community llousingWorks has become an active leader in the neighborhood, working to create Neighborhood Watch and other community -building efforts even before we actually started construction. La Costa Paloma Fallbrook View Apts Cedar Road Apts tp I SECTION C-IV. PROJECT EXPERIENCE A complete list of project completed by Community HousingWorks is contained below: 1. Project/Location: Alabama Manor, San Diego Description: 67-unit senior housing Financing: LII1TC, Wells Fargo, City of San Diego HOME, MI IP Status: Completed 2008 2. Project/Location: 15'h Avenue Coop, Escondido Description: 16-unit Cooperative Financing: AIIP, Cit of Escondido, Citibank Status: Completed 1994 3. Project/Location: Bandar Salaam, San Diego, CA Description: 68-unit multifamily Financing: LIHTC, AIIP, City of San Diego HOME funds, LISC Status: Completed 2001 4. Project/Location: 245 Cedar Road, Vista Description: 40-unit tnulti-family transitional housing Financing: LIHTC, City of Vista, HUD Support Housing; B of A, County IIOME, AIIP Status: Completed 1996 5. Project/Location: Daybreak Grove/Sunrise Place, Escondido Description: 21-unit multi -family housing Financing: LIHTC, City of Escondido, AIIP, Citbank, RHCP Status: Completed 1993 6. Project/Location: De Luz, Fallbrook Description: 26-unit senior housing Financing: SD County, Washington Mutual Status: Completed 1996 7_ Project/l.ocation: Esperanza Garden, Encinitas Description: 10-unit multi -family Financing: LIHTC, HOME, City of Encinitas Status: Completed 1994 8. Project/Location: Eucalyptus View, Escondido Description: 24 Cooperative !lousing, Farmworker Financing: LIHTC, LISC, City of Escondido, HOME/CDBG, JSFWIIG Status: Completed 2001 9. Project/Location: Fallbrook View, Fallbrook Description: 80-unit multi -family, farmworker Financing: LIIITC, JSFWIIG, County of San Diego, LI11' Status: Completed 2004 10. Project/Location: Maley Ranch Estates, Poway Description: 65-unit multi -family Financing: Poway Redevelopment Agency m,a SECTION C-IV. PROJECT EXPERIENCE Status: Completed 2000 1. Project/Location: I liliside Village, Poway Description: 71-unit Multifamily, Developmentally Disabled, Victims of Domestic Violence Financing: LIIITC, Poway Redevelopment Agency Status: Completed 2003 12. Project/Location: Las Casita Maple, Escondido Description: 6-unit court program reuniting families after drug/alcohol rehab. Financing: SHP, FESG Status: Completed 1990 13. Project/Location: Las Casitas Washington, Escondido Description: 8-unit court program reuniting families after drug/alcohol rehab. Financing: SHP Status: Completed 2004 14. Project/Location: La Costa Paloma, Carlsbad Description: 180 multi -family, farmworker Financing: LII ITC, Citibank Status: Completed 2005 15. Project/Location: Los Robles de Cortez, Vista Description: 76-unit multifamily Financing: 1111D 236, LIHPRIIA Grant Status: Completed 1996 16. Project/Location: Maplewood, Lakeside Description: 79-unit Multifamily, Domestic Violence Survivors Financing: LIHTC/Edison, CIIFA, SD County Status: Completed 2000 17. Project/Location: Marisol, Oceanside Description: 22-unit HIV/AIDS housing Financing: LIHTC, HUD Support Housing, City of Oceanside, City of SD HOME, IIOPWA Status: Completed 1997 18. Project/Location: Nettleton, Vista Description: 28 multi -family, transitional Financing: LIHTC, City of Vista, AHP, HUD Support Housing Status: Completed 1999 19. Project/Location: Old Grove, Oceanside Description: 56-unit Multifamily, Farm worker, Disabled, HIV/AIDS housing Financing: LIHTC, City of Oceanside, HOPWA, JSFWHG, CallIFA, MIIP, AHP Status: Completed 2003 20. Project/Location: Orange Place, Escondido SP.c:rKoN C-IV. PROJFCr EXPF.RII NCti Description: 32-unit cooperative housing Financing: LII ITC, City of Escondido, HOME, 13 of A Status: Completed 1997 21. Project/Location: Park View Terrace, Poway Description: 92-unit Multifamily, Domestic Violence Survivors Financing: LII ITC, Al II', B of A, City of Poway, SD Foundation Status: C.'omplcted 2002 22. Project/Location: Pine View Apartments, Fallbrook Description: 101-unit multifamily, disabled veterans Financing: Citibank, LI!F, County of San Diego, GP Loan Status: Completed 2005 23. Project/Location: Poway Villas, Poway Description: 60-unit multi -family housing Financing: I IUD 236, LII-IPRI IA Grant, County of San Diego Status: Completed 1996 24_ Project/Location: Las Serenas, San Diego Description: 108-unit multi -family housing Financing: LIIITC, San Diego Housing Commission, GP Loan Status: Completed 2006 25. Project/Location: Solara, Poway Description: 56-unit multi -family housing Financing: LIHTC, Poway Redevelopment Agency, County SD IIOME, UBOC Status: Completed 2007 26. Project/Location: Solutions Family Center, Vista Description: 33 Transitional Family Housing Financing: County of SD, CDGE, SHP, City of Encinitas HOME, Carlsbad HOME, Oceanside 11OME, San marcos in Lieu Funds, Board of Supervisors Fund, AIIP Status: Completed 2004 27. Project/Location: Turnagain Arms, Fallbrook Description: 80-unit multi -family housing Financing: HUD 236, LIHPRHA Grant Status: Completed 1996 28. Project/Location: Van Dyke, San Diego Description: 14-unit multi -family Financing: La Jolla Bank, San Diego Housing Commission Status: Completed 1995 29. Project/Location: Oak Knoll Apartments, Poway Description: 52-unit housing Financing: Pending Status: Planning ftsloe Nero Flo k idis SECTION C-V. SELECT PROJECT EXPERIENCE INFORMATIONAL. SFIEFTS V. Select Project Experience Informational Sheets Attached are the Informational Sheets for the following sample projects: • I Iillside Village, Poway, CA ❑ SOLARA, Poway, CA n Cedar Nettleton Apartments, Vista, CA La Costa Paloma, Carlsbad, CA Property_Hillside CHM_7502:CHW PropertyOverview Hillside 9/6/ 8:46 AM Page 1 • Hillside Village Apartments 1 hillside Village was born in a Poway Redevelopment Agency decision in 1994 to buy and preserve this 32 acre piece of land for affordable housing and open space. In 2tX11, the proposed projcces attractive design won community support kw a rare step: the Poway City Council approved an increase in project units, from the fifty mobile homes originally planned to 71 town home apartments. 2003 Best of the Location 12979 Community Road Poway, CA 92064 Size & Type Two-story Mediterranean -influenced, hillside building. 71 townhorne-style apamnents on 8 acres, with 1,2,3 and 4 bedrooms and attached underground parking. Architect Rodriguez + Simon Design Associates Contractor Sun Co►rntry Builders, Inc Developers Community HousingWorks and Central Pacific Housing and Development Financing Washington Mutual; Poway Redevelopment Agency; Federal Home Loan Bank; Columbia Housing, equity investor/federal tax credits Amenities Computer center and tneeting room, licensed childcare center, courtyards, play equipment and basketball court Programs After school Learning Communities, VALOR Scholarships, Financial Fitness and Homcbuyer Education Classes Completed August, 2003 Property_Hillside_CHW 75021CHW_PropertyOverview_Hillside 9/6/, 8:46 AN Page 2 "Hillside Village is a successful model of an affordable housing community in San Diego County. Additional communities like Hillside Village should be constructed to meet our region's growing demand for affordable housing." - Mayor Mickey Cafagna, City of Poway Community HousingWorks is a San Diego non-profit that helps people move up in the world by providing a full range of housing options combined with training and support. We have a successful 25-year history as a developer of affordable rental apartments in urban, suburban and rural communities across San Diego County. We have completed over 1,500 rental and cooperative apartments in nearly 30 complexes, and have some 300 apartments in progress. We build affordable housing complexes that are beautiful and award winning, creating thriving communities from the inside out. We are also a member of the elite NeighborWorks network and a proud affiliate of the National Council of La Raza. A resident's story Jill, adiz•on•e.'/mother of there, fa,/ted nothing Wrote than to remain independent, have atellable cat; and provide aadeeent, u-e//-located tool otiet•her rhi/dirIt's heads. The tent for -Jigs tzeo-he droom apaitalent had almost tripled over three years to $/,450. With herwing r ira/u^itys /imaking down, the friends who drove her kids and her employe/ - losing patience, only Hillside Pillage st. 'ed her family firrrn having to leeiz.e her lord Poway jab and thrircomm t[Itity. kat! HoCirs mingWas Community Setting Backed by a hillside and 24 acres of open space wide walking and horse trails. Within 2-3 blocks of shopping, school, senior center, library, community park and pool, and an office park. Residents Served Hillside Village serves residents with incomes under half the countywide typical income. Coalition resident jobs arc receptionists; maintenance technicians; produce stockers; preschool teachers; insurance/bank representatives and office managers. Project Challenges & Triumphs • l lillside Village is a rare "smart growth" project in the suburbs, with walkable access to every amenity, from groceries to the town swimming pool. • A clever design hides cars and the hillside retaining walls, creating a charming front to the surrounding natural hills. • Partnering with local parents, Poway and (:I 1W set aside several apartments for developmentally disabled adults ready to move out and live on their own. A low cost childcare center for community and resident children is also onsitc. • 1)own the hill from Poway's thriving business park, Hillside billagc gives Poway workers a rare opportunity to live in quality affordable apartments near their work. Poway employers arc eager for workers who can arrive on tittle without traffic challenges. NeghbotWorkr CHARTERED MEMBER *u(q_� OILIE{jl Helping people and neighborhoods move up in the world by providing a full range of housing options, combined wth training and support. • SOLARA SOLARA, California's first apartment community to be fully powered by the sun, is smart growth at its best. "Ile complex has transformed a once blighted piece of land into a vibrant community, Nithin walking distance of a 11CW pedestrian -oriented n(xle in suburban Poway Every year, SOLARA residents lower their carbon footprint by the equivalent of planting 5,4(X) trees! Location 13414 Community Road Poway, CA 92064 Size &Type 6 two-story buildings, with 1, 2, and 3 bedroom apartments, and a 2100. square foot community center in a mixed use site. Architect Rodriguez Associates Architects & Planners Contractor Sun. Country Builders Developer Community HousingWorks Financing City of Poway County of San Diego Union Bank of California California Energy Commission National Equity Fund Amenities Community and computer center, interactive public Art Walk, "Green" playground, lemon orchard, and shopping carts for local shopping trips. Programs After School Learning Communities, VALOR scholarships, Financial Fitness and Ilome Buyer Education, and our unique Green curriculum. Completed March, 2007 "The incorporation of "green" design throughout SOLARA, focusing on energy conservation and recycled products, is a model for future developments." - Honorable Dianne Feinstein, U.S. Senator Community HousingWorks is a San Diego non-profit that helps people move up in the world by providing a full range of housing options combined with training and support. We have a successful 25-year history as a developer of affordable rental apartments in urban, suburban and rural communities across San Diego County. We have completed over 1,500 rental and cooperative apartments in 27 complexes. We build affordable housing complexes that are beautiful and award winning, creating thriving communities from the inside out. We are also a member of the elite NeighborWorks network and a proud affiliate of the National Council of La Raza. ...-Community Setting Ldx•ared in the heart of suburban Poway, SOLARA provides its residents with a sustainable village -like community. Three large retail centers are within short walking distance of SOLARA, as is a nearby elementary school, the public library, a recreation center and senior center. Poway prides itself on being "the city in the country" offering its residents a small town atmosphere, and SOLARA tits right in! Residents Served SOLARA houses .56 families, the majority of which earn less than $35,txx) a year. FasTAnarks SOLARA'sTriumphs Project Challenges and Triumphs: • SOLARA transforms the adjoining tlo x vay into a greenbelt amenity, With a "ricer view" winding walkway connecting the complex to adjoining 1 lileary Park. • "I'his mixed -use site included construction of an office building, in order to create a new gateway to old Poway and better access to the site. • SOLARA broke new ground with innovative financing tools that paid for the solar and "green" elements. • Resident rent payments that include electricity. provide a more predictable housing expense, while an innovative incentive system encourages logy electricity use. • Sustainability is built into the people and the practices at SOLARA, with a Green Maintenance Manual, resident "greed' orientations, and related children's programs.. What does "Green" look like? SOLARA's rooftop solar panels provide all the electricity needed for residents and common areas alike. 'l'he apartments are designed to maximize what nature gives for free: sunshine, afternoon breezes, rainfall. Extreme insulation and cross ventilation, tankless hot water heating, recycled materials, double - flush toilets and drought tolerant plants also conserve. i'he interior of each unit has eco-tncndly paint, carpeting and cabinetry_ Other features of SOLARA include drought tolerant native and edible plants, including lemons and rosemary, and art that is incorporated into the landscape, tot Tots and ambiance. NesgbborW rkr CHARTERED MEMBER IU110 IL G lIIlQLMA The mission of Community HousingWorks is "to.proyide housing and services in order to strengthen communities and increase the financial independence of families and people in need"' Property CedarNet.t�l CHW_7502ICHW_Propert.yOverv:ew_Codar Neltle: 9/6/07 8:49 AM Page 1 • Cedar Nettleton Apartments Brightly colored umn homes trimmed xi ith southwest tile sit upon manicured lawns, in this quiet refuge in \'ista's scestem end. No one would guess that one-third of these apartments house families participating in a successful two-year program to break the cycle of homelessness. Without protest from neightxxs, this lovely complex integrates homeless families into aftnrdable rental housing. Location 245 Cedar Road Vista, CA 92083 Size & Type 68 garden -style 2, 3 and 4 bedroom flats and townhouse apartments assembled around a landscaped courtyard. Architect Martinez + Cutri Architects Contractor Tony Wankel Construction, Inc. Developer Community llousingWorks Financing City of Vista; County of San Diego; FHLR-AHP; Low Income Housing Tax Credits; .Supportive Housing Program Amenities Garden courtyards with picnic tables, batbeucs, play areas, a community building, tot lots and laundry facilities Programs After school Learning Communities, VALOR Scholarships, Financial Fitness and llomelluyer Education, employment and job assistance, resident association, licensed childcare Completed October, 1996 Property_CedarNottl CHW 7502 SCHN_PropertyOvery iew_Cedar Nettle 9/6/07 8:49 AM Page 2 "These houses are designed to show d'gnity and respect to peopie who normally have not had it. We are giving them the opportunity to get out on their own in the world; to break the cycle." - Deborah Shriver, Former Director of Social Services, Lifeline Community HousingWorks is a San Diego non-profit that helps people move up in the world by providing a full range of housing options combined with training and support. We have a successful 25-year history as a developer of affordable rental apartments in urban, suburban and rural communities across San Diego County. We have completed over 1,500 rental and cooperative apartments in nearly 30 complexes, and have some 300 apartments in progress. We build affordable housing complexes that are beautiful and award winning, creating thriving communities from the inside out. We are also a member of the elite NeighborWorks network and a proud affiliate of the National Council of La Raza. A resident's story Cinuy Coves wai Iwinl with hermothe7; husband and there r-hibl en in a tiny mobile home on the i'eige of homelessness. She motet/into CedarXet/le/on :imam, tits and worked with a case manogerto toni her life amnia. "What I see in my futon' is stabilized living, being able to pay my irnt, bar food and keep my kids in decent clothing. These /act .six months have been //huge tuinamund for me."She now lives in stable rrntalhousing and is swing fora scholarship .fund for herchildten. talk H��odcs Community Setting Cedar Nettleton ilpartrncnts is located in twrthwcst vista, down nce street from the Casita Center for Science and Technology; a magnet elementary school. lie apartments are also down the street from a neighlxxhocxl park. Residents Served This multi -family- rental project provides affordabk housing for 68 families and includes over 20 apartments of transitional housing for homeless funiliex. Mite majority of the apartments sere large families making below $35,000 per year. Homeless residents pay 30%• of their income for rent while working with case managers and other social service providers to rebuild their family and income stability. Project Triumphs • The complex was first dreamed in 1954 as housing for farm worker families. After those financing sources dried up, (:1 IW broadened the goal to integrating hontckss families from all walks of life into the larger community, and built the complex in two phases. • After a year of community design meetings, and support from progressive City staff, the project sailed through its city approvals with unusual smoothness. Its primary opponents were nearby landlords who feared competition for tenants. • Cedar Nettleton is a successful mixed income community. Homeless families who improve their inconic qualify to stay as ordinary tenants, and there is not much social distinction between "homeless" and non -homeless residents. NeghborWotir CHARTERED MEMBER Helping people and neighborhoods move up in the world by providing a hill range of housing options, combined wth training and support. Property LaCosta_CHW 7502 :CHM_ Proportyoverviov La Costa Pa1om /6/07 8:44 AM Page 1 • La Costa Paloma l,a (;testa Palonia is a "contradiction on a hill": alto luxury homes of the Villages of l,a Costa without a fairway of the La Costa Resort Masters golf course village.. with bridges, graceful archways, iron Juliet landscaping. 2005 inciusiona y Project of the Year rdabk rental housing that fits into the ripple. Overlooking the fourth , 1,a (;costa Paloma's design recalls a balconies, quiet courtyards and lush Location 11953 Dove Lane Carlsbad, CA 92009 Size & Type 7 two and three-story buildings arranged around a central lawn, including 1, 2, 3 and 4 bedroom homes. 180 energy efficient apartments with open and covered parking. Architect Rodrigucz+Simon Design Associates Contractor Angie General Contractors Developers Community HousingWorks and Mercy lousing Financing City of Carlsbad; Citibank Community Development Morrow Developmcnt/RECMCh National Equity Fund; Fannie Mae Amenities Community center and meeting morn, covered balconies or patios, energy efficient appliances and windows, semi -private courtyards, 3 tot lots and exercise roan Programs After School Learning Communities, VALOR Scholarships, Financial Fitness and HomcBnycr Education Completed March, 2005 AfFiwgwoin Property_LaCosta_CHW_7502: CHW_Proper tyoverview_La Costa Pat /6/07 Os44 AM Page 2 "La Costa Paloma is a great example of the good that results when public, private and non-profit organizations come together to address the state's most pressing problems." - Andrew Ditton, National Director, Citibank Community Development Community HousingWorks is a San Diego non-profit that helps people move up in the world by providing a full range of housing options combined with training and support. We have a successful 25-year history as a developer of affordable rental apartments in urban, suburban and rural communities across San Diego County. We have completed over 1,500 rental and cooperative apartments in nearly 30 complexes, and have some 300 apartments in progress. We build affordable housing complexes that are beautiful and award winning, creating thriving communities from the inside out. We are also a member of the elite NeighborWorks network and a proud affiliate of the National Council of La Raza. A resident's story Bonnie is e/6J'rear-o/d resident of La Costa Paloi»a. Th lay news ua?o she got diL'oirrr/ and, nt' 'C rhaving had ajob bijou'. she took -hat she could. Af/er /R yeens r4 the same job. she a"rs laid off at 56 Tears -o/d. ('noble to make hermortgage payments, she gore up herhomr and rooted in ;:'ith herdaughter: La Costa Pu/oufaedloos hrr'to he in a nice neighborhood u ith the spare she' needs to enjoy life wain. "I used to have a nice life one/ I didn't know, if I'd ever hate u wire life again. o .r I do." Kek Hog Community Setting Located within blocks of the City of (:arlshad's Ihnc Library, the development is within walking distance of shopping, services, and conunutcr buses. Children attend schools in the highly regarded Carlsbad l!nificd School District. Residents Served La Costa Paloma serves residents with incomes at a little over half the countywide typical income. \lest families stake between $24,(0() and $41,000 a year. Common resident jobs are receptionists, maintenance technicians, preschool teachers, insuran cefbank representatives and office manag,ers. Project Triumphs • l chision ary housing continues to succeed in Carlsbad, and La Costa Paloma adds 180 apartment homes to the total of approximately 1,6(X) affordable hones in Carlsbad. • Energy efficiency was incorporated into the design and ircluck double -paned Energy Star rated windows, Energy Star dishwashers, refrigerators, garbage disposals, and efficient gas - powered stoves, hot crater heaters and hydronic space heating. • Family recreation was incorporated into the design and all units are designed around a central lawn area. lot lots, a community room and patio built-in barbeques promote community interaction and family play. • La Costa Paloma cvas created to serve Carlsbad's mixed -income community, allowing more individuals that work in Carlsbad to live in Carlsbad. NeighboIW01{IS• CHARTERED MEMBER 5 u�nai t( XVILltw Helping people and neighborhoods move up in the world by providing a full range of housing options, combined wth training and support. SECTION C-VI. AWARDS VI. Awards Community I lousingWorks and its "move up in the world" service programs have noted the following accomplishments and recognitions. • Financial Fitness: o Best Practices Program, Fannie Mae Foundation (2005-6) o Inaugural member, San Diego Foundation -funded Family Asset Building Coalition of three Latino -serving nonprofits (with Casa Familiar and MAAC Project), through the Annie E. Casey Border Initiative (2009 to present) o Minority Business Award, Small Business Administration (Carmen Amig(n) o Original member, national NeighborWorks America network, Financial Fitness Best Practices consortium. o Co-chair, Frontera Family Asset Building Coalition (Carmen Amigon) o IRS, invited participant, Limited English Language Program focus group for outreach (Carmen Amigtn) • Leadership Training o Community Development Program of the Year, 2004 (San Diego housing Federation) o For two of the past three years, CIIW residents have won the competitive, countywide Bank of America Community I lero Award for their outstanding community leadership work o Successfully planned and implemented Community Leadership Institute in Spanish and English for past five years serving over 500 local leaders and creating emerging leader mentors to train other leaders. • Learning Communities After -School Programs o 2007: 1,030 students (80% of age -eligible students) participated at 14 sites with computer centers, and 143 Junior Leaders volunteered. o One of 21 nonprofit members in elite, national, invitation -only Learning Communities Working Group, piloting methods for tracking success in site - based after -school and asset --building programs for affordable housing residents. o 2007: Recipient of highly -competitive Bank of America Neighborhood Excellence Initiative Award to implement a pilot Mega-Drearns program that will help residents devise goals and provide them with the tools to move into homeownership at seven C1-IW properties. • Ilomcownership Programs o 2007: 557 graduates of homcbuyer education; 88 first-time homebuyers (48% Hispanic); o San Diego County's only non -governmental source of homcbuyer down payment loans; Southern California's most successful producer of low and moderate income, first time homebuyers. • Overall Governance o Community HousingWorks maintains an "Exemplary" rating with the national NeighborWorks America network. o CHW was selected in 2003, 2006, and 2007 for San Diego Foundation's exclusive Organizational Success capacity -building grants and technical support. DESIGN TEAM AND OTHER PARTNERS G RELATED SECTION C-I. DESIGN TEAM AND EXPERIENCE 1. Design Team and Experience The design team that Related is proposing to use for this Project consists of the following: Architect Landscape Architect Civil Engineer Environmental Engineer Environmental Attorney Studio E Architects Contact: Eric Nusland Address: 2258 First Avenue San Diego, California 92101 Phone: 619.235.9262 x203 Email cnaslundkstudioearchitects.com Web: www.studioearchitects.com Pyatok Architects Pyatok Architects has been engaged by the City of National City to perform design services for this RFQ. We reserve the opportunity to enlist Pyatok Architects to our team should they become available in the future. Related has worked with Pyatok previously, most notably on our Coliseum Gardens Project, and believe the scale of the National City Project could warrant having multiple architects. Spurlock Poirier Contact: Martin Poirier Address: 2122 Hancock Street San Diego, CA 921 10 Phone: 619.681.0090 x106 Email: Mpoirier@SP-LAND.COM Web: www.sp-Iand.com C&V Consulting Incorporated Contact: Charles Priolo Address: 18 Technology, Suite 154 Irvine, CA 92618 Phone: 949.769.6600 ext 222 Email: cpriolo(c)cvc-inc.net Web: www.cvc-inc.net Advantage Environmental Consultants, LI,C Contact: Dan Weis Address: 145 Vallecitos De Oro, Suite 201 San Marcos, CA 92069 Phone: 760.744.3363 Email: dweis@aec-env.com Web: www.aec-env.com Procopio, Cory, Hargreaves & Savitch, I,LP Contact: Bob Russell NINO G RELATERS itOks Geotechnical Engineer sa7riON C-I. DIiSIGN'JEAM AND EXPERIENCE Address: 530 B Street, Suite 2100 San Diego, CA 92101 Phone: 619.515.3254 Email: rgr@procopio.com Web: www.procopio.com Croup Delta Consultant, Inc. Contact: Dr. Kul Bhushan, G.E. Address: 92 Argonaut, Suite 120 Aliso Viejo, CA 92656 Phone: 949.609.1020 Email: kulb(a groupdelta.com Web: www.groupdelta.com r RELATED 1I. Studio E Architects SECTION ('-11. STUDIO 1? ARCHITECTS Studio E Architects is a fourteen -person design collaborative led by principals Eric Naslund and John Sheehan. Practicing throughout the Southwestern United States, the firm's varied body of work- -private residences, housing, mixed -use, civic, institutional, and urban planning projects —has been recognized with numerous design awards, including three National honor Awards from the American Institute of Architects. The lirm's projects have appeared in national and international design journals and publications. In February 2004, the National Building Museum in Washington, DC, chose to feature the firm's work in a major design exhibition. The work of Studio E Architects recognizes that buildings occupy specific settings and that the meaning and utility of architecture is necessarily grounded in their context. The conditions present at any site inspire solutions that connect people to the places they inhabit. This focus on both physical and cultural context produces an architecture that is responsive to the natural environment, embraces everyday phenomena and rituals, and expresses a richer understanding of its place. Since its founding in 1987, Studio E Architects has provided outstanding service to public agencies, institutional clients, non-profit organizations, private developers and individuals. The firm's efforts have been rewarded with a strong repeat client base. Current projects include mixed -use developments in downtown San Diego, and at University of California, Davis, two charter high schools, an administrative building at University of California, San Diego and numerous multifamily housing developments throughout California. Much of the firm's success can be traced to its commitment to a participatory approach to problem solving. Studio E works to build consensus among stakeholder groups ensuring creative solutions that are embraced by the community while satisfying the goals of the sponsors. !S R ELATEt,,r%' talk 14-''4tiirxlcs 72 SECTION C-II. STUDIO ti ARCHITECTS Relevant Project Profiles — Studio E Architects Paseo Del Oro San Marco, CA Located in San Marcos' oldest neighborhood, Paseo del Oro introduces a mixed -use pattern in an effort to jumpstart a new urban village. This pedestrian- oriented village adds density along an expanding transit line, revitalizes a blighted and neglected neighborhood business corridor into a neighborhood -serving destination, and provides much needed affordable family housing. The development is organized around a crossroads of pedestrian activity. Marcos Street, running north -south and connecting the existing neighborhood to Mission Road, is remade as a mixed -use center, with two levels of housing over street level retail space. Brookview Senior Housing Poway, CA Revitalizing both a previously blighted commercial site and a portion of Pomerado Creek, Brookview Village is a model of affordable housing development. The creek was treated as a special site asset for the 102-unit low-income senior's housing project, requiring close coordination with the US Army Corps of Engineers and the California Department of Dish and Game. The design tea►n created a network of courts and linear gardens that provide gracious setting for airy, comfortable apartment homes. Lillian Place San Diego, CA Lillian Place offers convenient downtown housing tuned to the special needs of families. This three- and four-story, 74-unit development in downtown San Diego offers generous balconies, large windows and nine -foot ceilings to create a feeling of openness and comfort. The project also includes the renovation and reuse of an historic boarding house. Construction cost: $13.7 million Metro Villas San Diego, CA Part of a master -planned one -block redevelopment, Metro Villas consists of 120 units of affordable housing adjacent to City Heights' new Metro Career Center. The Villas feature both small and large family units, shared amenities, and open spaces. The Metro Center offers childcare for residents and the Villas and Career Center share a four -level parking structure. Estimated development cost is $18.8 million. Entrada San Diego, CA Located in the East Village area of Downtown San Diego, this 137-unit project consists of four stories of residential units and live/work spaces over one level subterranean parking. A series of separate buildings are arranged around a large central open space at the center of the site. Additional spaces include recreation room, computer room and sun deck at the top of -the structure. Paseo Del Oro Brookview Housing Lillian Place Metro Villas a RELATED 11 krks 19 SECTION C-III. C&V CONSULTING INCORPORATED Ill. C&V Consulting Incorporated C & V Consulting, Inc. (CVC) is a corporation whose principals have been providing multi -disciplinary engineering services to clients in both the public and private sectors tint over 30 years. Since inception, CVC has offered a wide variety of civil, environmental, transportation, and structural services. Specific elements of these services include due diligence for site acquisition, project management, preliminary and final design, field survey and mapping, construction inspection and management; and site development for highways, domestic water systems, fire -water protection systems, irrigation/reclaimed water systems, storm drain systems with detention and biofiltration elements, and wastewater systems. In today's market, our approach and corporate structure bring distinct advantages to clients, specifically relative to scope, schedule and budget. Some specific benefits of teaming with CVC include: ▪ Specialization in Land Development Design and Planning O Due Diligence & Acquisition Experience • Aggressive on "Costs", "Quality", "Schedule" and "Responsiveness" ❑ Principal Commitment & Involvement n Broad Business Line Experience & Approach to Development • Professional, Knowledgeable, Proactive Project Management • Equitable Design Fees o Value Engineering & Peer Review Services • Established Quality Control/Quality Assurance Systems • Superior Communicators Commercial, Retail, Entertainment, Mixed -use and Public Works Developments are key markets that CVC continues to cultivate. Many of our projects are the more "challenged sites" that developers and/or builders pass on. Our work on challenged sites requires close coordination with all stakeholders, including Private Investors and Public Agencies, to understand their needs and expectations. CVC's success in this area provides us the experience to respond to issues associated with designing for both highly sought-after development sites, as well as, those that are considered less desirable. As the availability of favorable land decreases and the awareness of social and environmental responsiveness increases, LEEI) (Leadership in Energy and Environmental Design) Certified projects are becoming more prevalent in our scope of work. Under this certification, we implement specific BMP's (Best Management Practices) relative to Water Quality, Run -Off and Water Conservation. Our performance, experience, client recommendations and finished product are our best testimony to the establishment of CVC as the "Consultant of Choice". CONSULTING, INC. 1 RELATED SD Fi at*Yrodcs SECTION C-III. C&V CONSULTING INCORPORATED Relevant Project Profiles — C&V Consulting Incorporated Sunbow Apartments City of Chula Vista, CA In -Fill Medium Density Project Pomona Intergenerational Housing The Related Companies of California • City of Pomona, CA Redevelopment of Affordable Apartments 90-unit, 3.6 Acre Senior Apartment Housing Community Fontana Phase 11I The Related Companies of California • City of Fontana, CA Redevelopment of Affordable Apartments 3.36 Acre Senior !lousing Community Fontana Phase IV The Related Companies of California • City of Fontana, CA Redevelopment of Affordable Apartments 3.81 Acre Apartment Community Fontana Phase V The Related Companies of California • City of Fontana, CA Redevelopment of Affordable Apartments 4.0 Acre Apartment Community San Jacinto Villas City of Rancho Mirage, CA Redevelopment of Affordable Apartments 8.6 Acre Apartment Community Soco Wlak Transit Village City of Fullerton, CA In -fill Medium Density Project 6.36 Acre Condominium Development Founder's Walk City of Buena Park, CA In -Fill Medium Density Project 194-unit, 15.2 Acre Condominium Development Fairview Development Center City of Costa Mesa, CA Redevelopment Affordable Apartments 295-unit, 12.02 Acre Multi -Family Affordable Apartment Housing c&v CONSULTING, INC. I: RELATED 41r Eloinarbrks IV. Spurlock Poirier SI:c rloN ('-IV. SI'URLocK POIRIIiR Place -making takes passion. The difference between a good space and a great one is a matter of the heart, not just the mind or the eye, and we believe people deserve great spaces environments that really matter to them and that touch them, however subtly or deeply. This is a high hurdle for a public space like a park which must connect with people of all ages and backgrounds -- but a surmountable one. Our services include planning, urban design and landscape architecture, and we have developed a specialty in park planning, working as prime consultant or in conjunction with architects and other professionals. Spurlock Poirier has completed several park Master Plans, and has also worked on community parks, urban parks, river and regional parks, waterfront and beach parks and interpretive and historic parks. The character of a park is forever tied to its site, one reason we advocate a site - conditioned approach to planning and landscape that lets people connect authentically to where they are and who they are. Especially for parks, that connection helps draw people together, building a sense of community that is both real and timeless. Our work celebrates all aspects of the design process from rigorous problem -solving, to an eye for budget realities, to the passionate expression of our client's and their stakeholders' aspirations. Spurlock Poierier has often been applauded for creating superior graphics, sketches, diagrams and drawings that help visualize a project's possibilities. They are integral to our design process, and usually form the basis of our dialog and communication with clients and stakeholders. The fim was established by Andrew Spurlock in 1988, and was soon joined by Martin Poirier. They had worked together since 1981. Poirier became a partner in 1990, and as the Linn has grown, the result has been a lively collaboration that has resulted in national, state and local awards from the American Society of Landscape Architects, the American Institute of Architects and the American Planning Association. Recent park projects have included Santa Monica's (CA) Virginia Avenue Park, the nation's first LEED-certified park; Montevalle Community Park in the San Diego suburb of Chula Vista; Rolling 1-Fills Pocket Park, also in Chula Vista; Bolsa Chica State Park on the beach in Orange County, CA; San Dieguito Regional Open -Space Concept Plan for a 55-mile-long stretch through six jurisdictions north of San Diego; the North Embarcadero Vision Plan along San Diego's waterfront; and Park for East Village, a downtown public park in San Diego which takes its design inspiration from a dormant earthquake fault beneath. Affordable housing projects have included Brookview Housing, an apartment complex for limited -income seniors in Poway, California; and Indian Wells Senior Housing, an affordable senior citizens housing project in Indian Wells, California — both collaborations between Studio E Architects and Spurlock Poirier Landscape Architects. (4a SFUILOCK r o 1 R I E R M RELATEI AN HSu f SECTION C-IV. SPURLOCK POIRIIiR Relevant Project Profiles — Spurlock Poirier Brookview (lousing For the San Diego Interfaith housing Foundation Brookview is an apartment complex in a rental neighborhood in Poway, a San Diego suburb. that was built for limited -income seniors by the San Diego Interfaith (lousing Foundation. The architects, landscape architects, civil engineers and environmental planners worked as a team to site the facilities around Pomerado Creek which bisects the site. The existing creek was previously overlooked as a community amenity and was littered with rubbish and invasive weeds. This creek was incorporated into the neighborhood as a revegetated habitat that is cherished by residents. Buildings are arranged to form courtyards facing the creek. A pedestrian bridge crosses the creek, providing access to the Commons building. Internal walkways have places where residents can sit and socialize under wisteria -covered pergola San Diego River Park City of San Diego and San Diego River Foundation Spurlock Poirier is part of a team developing the Master Plan for the 15 mile long City of San Diego section of the San Diego River. This master plan will provide the framework for establishing historical recognition, water management, habitat enhancement and recreational planning of this extensive river corridor. Our work will focus on the urban form of edges and connections as well as human use and appreciation of the river. This includes recreation programming, design and trail planning. Virginia Avenue Park City of Santa Monica Redesign an existing park and community facilities to meet Leadership in Environmental Design (LEED) guideline for a Silver rating the first park in the U.S. of any kind to gain LIED certification. The Master Plan and construction documents were prepared for the City of Santa Monica, which sought extensive community involvement to help shape the $8.3 million park. The park includes 100`% on -site infiltration of storm of water, drought tolerant planting and irrigation programmed to the evapotranspiration rate of the vegetation. Recycled materials were used in construction, shading was devised to reduce heat islands, and dark paving was reduced and specified as permeable. ('are was taken not to demolish any major trees and to relocate trees on -site when impacted by construction. An expansion of the park occurred on an adjacent re -use site which was formerly a grocery store and parking lot. Park program includes a setting for the weekly Saturday farmers market, two play areas, a pedestrian promenade, a learning garden, open lawn areas, and a water "sprayground." All told, the park represents a substantial net reduction in pavement and energy use. Montevalle Community Park City of Chula Vista & PCI. Construction Services Completed in Febrary 2006, the 29- acre Montevalle Community ark draws from the region's ranching and farming history. The Park's organizational framework and character are based on historical faun and ranch patterns and uses. The siting of the Building Complex reflects the orthogonal and clustered organization of historic farm Brookview Housing SD River park egt1 ter: { c_ 7 ,te • r 6 ♦ 4Vk�� Virginia Ave. Park Montevalle Park IN RELATED Rialk 1-10 l 'ii ics iJ� SECTION ('-IV. SI'URLOC'K POIRIER homes, yards, and outbuildings. An internal road meanders through the site providing access to the Park's various areas and activities. Similar to agricultural fields, the sports courts, sports fields and playgrounds surround a central core of buildings and respond to topography. The planting design reinforces these concepts and creates a unifying framework through groves of trees, tree lined roads, drainage swales, and windbreaks. Laguna Coast Wilderness Park Nix Nature Center County of Orange — Harbors, Beaches, and Parks Department Design, engineering and master planning services for the Laguna Coast Wilderness Park Nature Center. The Nix Nature Center sits at a central trail access point within Little Sycamore Canyon. Just visible from the road, it beckons/ welcomes park visitors to explore the entire wilderness area. The 2,000-square-foot interpretive exhibit features interactive displays, interpretive panels, fossil -imbedded rockwork, audio recordings, projected images, art and artifacts. Its picture windows frame four main views or portals —titled The Peaks of Saddleback, Little Sycamores, Of Bunchgrass and Buckwheat and Stories in Stone --that form the cornerstones of the exhibit plan. The exterior features art and educational exhibits; a shaded donor recognition courtyard; outdoor seating; a "painter's pier" for artists and their easels; and a 1/2-mile loop trail funded by the Irvine Ranch Land Reserve Tnist's gift to the Foundation. Laguna Wilderness Park 4 R ELATEEr° E IaMF xks SF.CTION C-V. GROUP DELTA V. Group Delta Consultants, Inc. Group Delta Consultants, Inc. (GI)C) is a consulting engineering firm with offices located in the counties of; Orange, Los Angeles and San Diego. The firm has highly skilled professionals consisting of civil and geotechnical engineers, engineering geologists, laboratory and field technicians, deputy inspectors, drafting/CADD, and drilling and support personnel specialized in their respective fields. We offer a broad range of services to serve the needs of our clients. Our capabilities and services include geotechnical feasibility study, geotechnical field investigation, in -situ testing, foundation design, construction monitoring and materials testing, ground improvement and design, slope stability investigation and analyses, preparation of plans and specifications, coastal engineering, instrumentation, seismic studies and earthquake engineering. We have established a record of completing projects on schedule and within budget for major clients in the public and private sectors since 1986. Our laboratories are licensed as an approved testing facility by various agencies including AASIITO and Caltrans. The involvement of our principals and senior managers in each project and particularly our focus on developing innovative design solutions to reduce overall construction cost has resulted in repeat business. The evidence of our work indicating the unique benefits of our approach and methodologies arc provided in various awards and recommendations from well-known organizations in the public and private sectors. GROUP 71111 DELTA IN RELATED ralk Ho9NinkYlAilics SI'.(" IION C-V. GROUP DELTA Relevant Project Profiles — Group Delta Consultants, Inc. Platinum Triangle Anaheim, CA Anaheim's Platinum triangle is envisioned to be a high density, mixed -use, urban environment that could include up to 9,500 dwelling units, 5 million square feet of office space and over 2 million square feet of commercial uses. Lennar's A -Town Metro project is a cornerstone of this development. Group Delta Consultants (GDC) is the lead geotechnical engineering firm for all phases of this project from preliminary investigation, design, and construction. (iDC reviewed existing data, conducted a field and laboratory investigation, assessed the site and subsurface conditions, and provided our recommendations on potential seismic hazards and seismic design parameters, foundations, earthwork and grading, temporary excavation and shoring, retaining walls, and utility trenches. Group Delta Consultants, Inc. (GDC) is a consulting engineering firm with offices Westminster Ilousing Westminster, CA This project consists of two- to three- story residential senior and townhouse apartments at a 3.07 acre site located east of the intersection of Beach 13lvd. and 13th street in the City of Westminster. Eight buildings with a total 83,206 sqaure feet will be constructed at the site. A surcharge program was implemented to mitigate post -construction settlement at the site. In addition, differential settlement due to liquefaction was addressed by design of a mat slab. Central Park Development Project Irvine, CA GDC is providing geotechnical recommendations for the various upcoming Luxury flats in Irvine, California. Each project will consist of the construction of a four-story building over 2 levels of basement parking. • • • • Michelson Lofts (107 units, 1.62-acre parcel). Luxury Flats South (87 units, I.5-acre parcel). Luxury Flats North (90 units, I.56-acre parcel). Loop Road Lofts (372 units, 5.03-acre parcel). Playa Vista Development Playa Vista, CA GDC is providing geologic and geotechnical investigations for this 1,100-acre project located on a coastal plan just south of Marina Del Rey. The site is underlain with soft clays that required surcharging to stabilize and strengthen before construction. One area of the site required installation of drain wicks and stone columns to mitigate the potential for liquefaction and lateral spreading. 8b 'S Platinum Triangle Westminster Housinytif Central Park Playa Vista . RELATED 4ir Flonrirks SECTION C-VI. ADVANTAGE ENVIRONMENTAL CONSULTANTS, LLC VI. Advantage Environmental Consultants, LLC Advantage Environmental Consultants, LLC (AEC) is an environmental consulting firm with offices in Metro Washington D.C., Nashville, Tennessee, Metro Philadelphia, Pennsylvania, and San Diego County California. AEC was founded in 2002 by Mr. Michael J. Robertson, P.G. and Mr. Jeffery S. Stein, P.G. and provides value -oriented solutions to the diverse environmental issues faced by its Clients, which include: lenders (conduit, institutional, insurance companies, hard money, etc.), developers, RE,ITs, property managers, public agencies, conservancies, and industrial and commercial enterprises. Mr. Dan Weis is the Branch Manager of AEC's Western Regional Office in San Marcos, San Diego County, California and serves as the Client Manager and Project Facilitator for our clients throughout the State of California and the entire western region. AEC's range of services, professional experience, and insurance and bonding information is provided below. AEC offers standardized assessment as well as customized analysis of environmental contamination and constraints issues and assessments of health and ecological hazards. We arc available to perform facility/property inspections; soil, water, air, and hazardous waste sampling and analysis; biological constraints analysis and other facets of environmental consulting to identify and resolve environmental management and industrial hygiene related problems. AEC has in-house capabilities in the following areas: o Environmental Site Assessments — Phase I and 11 o Tenant Environmental Surveys o Environmental Subsurface Investigations/Site Characterization • Underground Storage Tank Investigations and Removal Oversight o Remediation: Design, Engineering and Cost Estimation o Environmental Compliance Audits • Industrial Hygiene Consulting including Mold, Asbestos and Lead o Property Condition Assessments o Expert Witness Testimony • Biological Resource Assessments, I tabitat Assessments, Constraints Analyses and Vegetation Mapping • Rare, Threatened and Endangered Plant and Wildlife Species Surveys o GIS and Mapping Capabilities • Spill Prevention, Control, and Countermeasure flans • Stormwater Pollution Prevention Plans IN RELATED SECTION ('-VI. ADVANTAGE ENVIRONMENTAL CONSULTANTS, LTC Select Project Profiles — Advantage Environmental Consultants, I.I.C. 9th Avenue and Broadway San Diego, CA AEC was retained by CCDC to complete a Phase 1 ESA at the 9th and Broadway redevelopment project in downtown San Diego. The property is currently owned by the Redevelopment Agency of the City of San Diego and consists of a pay parking lot and an approximate 4,500 square -foot single -story structure. Planned redevelopment of the property is an affordable housing complex with associated subterranean parking. The Phase I ESA included a thorough review of a recorded document guarantee (containing 40 recorded documents) pertaining to the property, evaluation of information provided in a regulatory database report, historical permits obtained from the City of San Diego Fire and Building Departments, a review of historical aerial photographs, city directories and fire insurance maps, an interview completed with the prior owner of the property and a site reconnaissance. Recognized or potential recognized environmental conditions associated with the property were identified and included the possible presence artificial/undocumented fill material beneath the property, a feature labeled "gas and oil" as identified on fire insurance maps, a reference to an automotive service station and gasoline/lubricating oil dispensing equipment in the recorded document guarantee, the listing of a former address of the property as a possible dry cleaners and a suspect feature possible indicative of an underground storage tank observed adjacent to the property. Recommendations for further environmental assessment were provided to the extent that CCDC required information pertaining to redevelopment costs associated with the suspect issues revealed. Park Boulevard San Diego, CA AEC was retained to complete a review of prior environmental documents and a cost estimate for clean-up pertaining to this potential redevelopment site which is currently used for automobile repair. Underground storage tanks were formerly used at the property and shallow soil containing elevated lead was also identified. AEC evaluated multiple redevelopment options for the potential purchaser of the property and developed remediation cost estimates based on the different development scenarios, information included in the prior environmental documents and outstanding regulatory implications associated with the property. AEC was able to propose alternative strategies to those proposed to the current owner of the property which would save time and monetary resources in carrying out site clean-up in compliance with applicable regulatory directives. The strategies were also developed with assistance of bids solicited from grading and excavation contractors. National Gas National City, CA AEC was contracted to complete a Phase 1 ESA at a 0.55-acre gasoline station property in National City, San Diego County, California. At the time of the assessment, the property was developed with one structure comprising approximately 1,900 square feet and utilized as an automobile repair facility and as an independently -owned and operated, unbranded gasoline service station. Additional improvements at the property include two fuel dispenser islands, an over -head canopy, two 10,000-gallon capacity and one 15,000- 28 9`h & Broadway Park Boulevard National Gas g RELATE relf 161cc SECTION C-VI. ADVANTAGE ENVIRONMENTAL. CONSULTANTS, LLC gallon capacity gasoline underground storage tanks (USTs) and associated product piping, as well as one 550-gallon capacity UST used for waste oil storage, an oil/water separator and one aboveground storage tank (AST) used for propane storage. Dexstar Property San Diego County, CA AEC was retained to conduct this biological constraints analysis to evaluate the extent and nature of biological resources on this 6.91-acre property in community of Otay Mesa, City of San Diego, California. The project site consisted of dense non-native grassland and potential vernal pool habitat, and potentially contained several species of special concern (San Diego thorn -mint, San Diego ambrosia, San Diego button -celery, Spreading navarretia, California Orcutt grass, Otay Mesa mint, Otay tarplant, and San Diego and Riverside fairy shrimp). As a result, AEC was also retained to conduct a U.S. Fish and Wildlife Service (USFWS) protocol survey for listed vernal pool branchiopods (fairy shrimp) at the project site. AFC's permitted biologists conducted the protocol surveys from first inundation of the pools (early December 2007) through the remainder of the 2007/2008 rainy season, as well as collected soil samples from the identified depression, swales and road ruts upon drying and analyzed to the soil for fairy shrimp cysts. The Federally endangered San Diego fairy shrimp were observed (either during the wet season survey or cyst analysis) on the Dexstar Property within 24 of the 35 seasonal pools surveyed. The survey was conducted under the oversight of the Carlsbad Fish and Wildlife Office (Carlsbad FWO) and the report was submitted to the Carlsbad FWO for review. Strata San Diego, CA AEC was retained by Intracorp to assist with California SWRCB OSCA Program application assistance pertaining to a portion (former gasoline station) of this downtown San Diego redevelopment site, which includes a four -level subterranean parking garage. AFC's initial work on this project included a review of prior environmental assessments, written response to SWRCB inquiries pertaining to historical site uses and principal contamination sources and preparation of select sections of OSCA Pre -Assessment and Cleanup Grants. Portions of the Grants prepared by AEC included a summary of background intornration pertaining to the property, detailed scopes of work pertaining to prior eligible assessment response work and proposed cleanup response actions and specific budget details. Cost recovery efforts from the OSCA prograrn were successful. AEC was also contracted to conduct general remediation planning assistance which included the preparation of multiple variations of remediation cost estimates for the project and attendance of meetings with the development team. The remediation cost estimate variations were broken down by physical address (parcel) and three contaminant types (lead, chlorinated solvents and petroleum hydrocarbons) and differing combinations of the referenced parameters. The cost estimation included interface with UST removal, excavation, shoring and dewatering contractors, landfill/recycling facilities, trucking companies, vapor barrier design and installation companies and analytical laboratories. AEC subsequently conducted third -party oversight activities on behalf of lntracorp as the property was sold another developer whose environmental consultant is currently handling the remediation activities. AEC's third -party review activities included field oversight, budget tracking, invoice approval, compliance with the OSCA Grant, attendance at meetings and other tasks. Dexstar Property Strata r RELATED 174Yiks Sct SECTION ('-VtI. PROCOPIO, CORY, HARGREAVES & SAV ITCH, LIP Vii. PROCOPiO, CORY, HARGREAVES & SAVITCII, I,LP Procopio, Cory, Hargreaves & Savitch i.LP (Procopio) was established in 1946 and is now one of the largest business law firms in the region. With offices in San Diego and Carlsbad, Procopio is a full service business law firm with more than 110 experienced attorneys. As one of the most well -established law firms in San Diego, while serving its clients' interests throughout the world, Procopio understands that its clients expect results. Procopio stnictures and manages its practice with its focus firmly fixed on what matters to its clients: experienced business attorneys acting as partners to deliver the most intelligent and pragmatic legal solutions in the most cost-effective fashion_ Procopio advises companies at every stage in the business life cycle, helping them to plan, finance and operate their businesses. Procopio's success is derived from their commitment to their clients and maximizing the value they provide to their clients. Procopio is dedicated to understanding their clients' businesses and collaborating with them to develop client -focused strategies. Procopio's seasoned attorneys respond quickly and in the most qualified manner to client needs. Procopio's goal is to continue to build long-term relationships with their clients through a steady, team -oriented approach. Environmental and Land Use Every business and owner or occupant of land in California is affected by environmental and land use laws and regulations. Procopio provides comprehensive legal counsel to clients involved in a wide array of environmental, natural resources, and land use matters. Procopio's work includes all levels of project planning, permitting and development, regulatory compliance and enforcement counseling, as well as dispute resolution and litigation. In addition to their broad experience and legal and technical expertise in environmental and land use issues, their attorneys have excellent working relationships with regulators, key legislators, community activists, and non -governmental organizations ---all of whom influence environmental and land use policy and enforcement. Permitting and entitlements Procopio helps their clients obtain the environmental and land use permits and approvals they need to develop their property for commercial, industrial and residential uses. Additionally, they represent clients who seek project approvals or denials from oversight agencies throughout the state. Air and water quality compliance Procopio's environmental attorneys counsel and represent a wide variety of clients in the full range of issues arising under federal, state and local laws regulating the quality of air and water, including counseling on climate change laws and pending regulations. They have drafted documents establishing rights and liabilities with respect to air emissions credits. Procopio also assists clients in obtaining the discharge permits they need to operate their businesses, and also represent private and public entities in disputes before the Regional Water Quality Control Board and the State Water Resources Control Board. Procopio has extensive experience with Anny Corps section 404 and state section 401 • Procopio G RELATECY Hau��}rs qt) SECTION C-VII. PROCOPIO, CORY, IIARGREAVI'.S & SAVITCH, LL1' certifications for projects affecting waters of the United States and reports of waste discharge for those projects that discharge waste into waters of the state. They also advise clients on matters related to asbestos and lead contamination in buildings. Environmental litigation Procopio represents project proponents and public agencies, as well as community organizations, regarding projects in administrative proceedings and litigation under the California Environmental Quality Act (CEQA) and the California Coastal Act. They also represent clients in cases involving Clean Water Act permits, decisions and appeals. Resource -constrained properties Procopio assists property owners with resource -constrained property, the permitting of creative development plans, the establishment of mitigation banks, and finding resolutions for tough constraint issues which could significantly limit or detcr the economic development of property. Their attorneys draft and negotiate the transactional documents involved in the transfer of real property to ensure that environmental responsibilities and liabilities are apportioned in accordance with the intent of the parties and that appropriate insurance protection is obtained when necessary. They also have significant experience with property contamination and Brownfields'natters representing public entities and private clients. Contaminated Properties Procopio assists sellers and buyers of contaminated properties in sales and lease negotiations and contracts; they work with consultants and the agencies to obtain certificates of closure and to manage remcdiation obligations. Endangered species and sensitive habitat issues Procopio's attorneys regularly deal with the legal issues that arise whenever endangered species or their habitats - including wetlands and vernal pools --are affected by land development. They have also developed and worked extensively with species and habitat plans, conservation easements, mitigation banks and community stewardship entities, as well as single -project permitting for public and private clients. Proposition 65 Procopio regularly advises clients on the notice obligations, discharge prohibitions and other provisions of California's Proposition 65, and represent clients in enforcement actions brought under this law. != RELATED kith,l SECTION C-VII. PROCOPIO, CORY, IIARGREAVES & SAVIICII, LLP Relevant Project Profiles — Procopio, Cory, Hargreaves & Savitch, LLP Representative Environmental and Land Use Matters o Represented a water district in its action against major oil companies for causing the contamination of sewer and drinking water pipelines. o Assisted clients in their challenge to NEPA and CEQA review provided on a Caltrans project EIR/EIS in which a third party private corporation was undertaking a toll road project. "I'he primary challenges were to the project descriptions, project changes and requirements for subsequent environmental review and public comment. • Representation of public agencies in California on the adoption of rates and charges, financing, and intergovernmental relations, as well as on compliance with CEQA and other environmental laws and regulations. • Represented numerous developers of Browntields properties. o Represented a major developer in the conversion of an 80 year old military installation for a landmark mixed -use facility. o Represented City of San Diego on industrial wastewater permitting for Point Loma Outfall. o Represented company in the development and permitting of a 59 million gallon a day wastewater treatment plant for Tijuana, Mexico to deal with border sewage. o Represented state university on NPUES/ROWD and exemption from California Ocean Plan for discharge into federal and state waters from campus facilities, labs and aquaria. o Represented numerous clients on Clean Water Act section 404 dredge and fill permits and state certification under section 401. o Represent Native American tribes and public agencies in the development of internal regulatory programs to protect resources while facilitating development. • Represented numerous clients in connection with the purchase of environmental insurance policies and claims under such policies. !Z RELATEI 1*(14;mmikYbd. SECTION (;-VI11. FINANCIAL. I'AR"INI'.RS VIII. Financial Partners Related has used a multitude of financial partners in the past for our aftbrdable deals. Per the RFQ, we are providing a sample list of financials partners that we would propose to use on this project. 1) Margaret Schram Wells Fargo 420 Montgomery Street 11'h Floor San Francisco, CA 94104 www.wellsfargo.com 408-314-8731 2) Citigroup North America Inc Lucas Swanson One Sansome Street 24th Floor San Francisco, CA 94104 www.citi.com 415-627-6268 3) Union Bank of California William Sandifer 200 Pringle Avenue Suite 200 Walnut Creek, CA 94596 www.uboc.com 925-947-2473 WELLS FRG 0 UNION BANK OF CALIFORNIA III RELATED 3 GRANT FUNDING EXPERIENCE N RELATEC�i ir*itH="YlAbiks SECTION E.-I. PROPOSITION 1C EXPIiRIr.INCE I. Proposition IC Experience Related has been successful in obtaining grant and loan funding from Proposition IC. In the first round of funding for the years 2007-2008, Related obtained the following grants and loans from Proposition 1 C funded programs. Project: Coliseum Gardens Phase IV Oakland, CA # of Units: 72 units Funding Program: Proposition IC TOD Program Scoring: 320 points out of 350 Amount: $7.6M Project: The Grand Avenue Affordable Apartments Los Angeles, CA # of Units: 98 units Funding Program: Proposition IC TOD Program Scoring: 345 out of 350 * Highest scoring project in Southern California Amount: $9.6M Project: The Grand Avenue Master Plan Park Los Angeles, CA # of Units: n/a Funding Program: Proposition IC Infill Infrastructure Grant Program Amount: $27M Additionally, Related staff played a fundamental role in lobbying for the legislation, reviewing the pond proposition and commenting on the structure of the allocation requirements with state representatives. g RELATED SECTION E-II. 110ME FUNDS EXPERIENCE H. Horne Funds Experience RELATED Related has significant experience and success obtaining IIOME funds on its past projects. 1. Project/Location: Vista Alicante Apartments, La Mirada Description: 100-Senior apartments on 3.25 acre site (84 One - bedrooms, 16 Two -bedrooms) Financing: 110ME funds/Low-Income Housing Tax Credits Status: Constniction completed November, 1995; Project sold August, 2006 Contact: Alfredo Izmajtovich, Los Angeles County Community Development Commission (323) 890-7270 2. Project/Location: The Crossings, Rialto Description: Development of 100-Family apartments, in partnership with Southern California I lousing Development Corporation Financing: Low -Income I lousing Tax Credits/County of San Bernardino HOME funds Status: Construction completed November, 2000; 100% occupied Contact: Jerry Guarracino, San Bernardino County 1 lousing & Economic Development (909) 388-0910 3. Project/Location: Hermosa Village (Jeffrey -Lynne Apartments), Anaheim Description: Acquisition and rehabilitation of 293 apartments (in phases) in multiple buildings, in partnership with Southern California }lousing Development Corp. Financing: Low -Income Housing Tax Credits/City of Anaheim, HOME Funds Status: Construction completed December 2001; 100% occupied Contact: Lisa Stipkovich, Anaheim Community Development Department (714) 765-4301 4. Project/Location: Fountains at Sierra, Fontana Description: New construction of 93 units of senior housing in partnership with Southern California Resource & Development and Southern California 1-lousing Development Corporation Financing: Low -Income }lousing Tax Credits/City of Fontana, HOME Funds Status: Construction completed February 2005, 100% occupied Contact: David Edgar, City of Fontana (909) 350-6739 5. Project/Location: Hermosa Village (Jeffrey -Lynne) Perimeter, Anaheim Description: Acquisition and rehabilitation of 112 apartments in multiple buildings, in partnership with Southern California /lousing Development Corp. Financing: Low-income I lousing Tax ('redits/City of Anaheim, HOME Funds Status: Construction completed 2004; 100% occupied RELATERS c10 Haus�rr11,k, SECTION E-II. 11OM1: FUNDS EXPERIENCE. Contact: Lisa Stipkovich, Anaheim Community Development Department (714) 765-4301 6. Project/Location: Coliseum Gardens, Phase I, Oakland Description: Multi -phase Hope VI project (350+ units at build out) Financing: CaII1FA, HLJD, City of Oakland, MHP, 4% Bonds and 4% Tax Credits, HOME Funds Status: Completed December 2005; 100% occupied Contact: Phil Neville, Oakland }lousing Authority (510) 587-2112 7. Project/Location: Jeffrey -Lynne Phase III Description: Acquisition and rehabilitation of 76 apartments in multiple buildings, in partnership with Southern California }lousing Development Corp. Financing: Low -Income Ilousing Tax Credits/City of Anaheim/Wells Fargo/CCRC, HOME, Funds Status: Construction completed December 2006; 100% occupied Contact: Lisa Stipkovich, Anaheim Community Development Department (714) 765-4301 8. Project/Location: Coliseum Gardens, Phase 2-3, Oakland Description: Multi -phase Hope VI project (350+ units at build out) Financing: CalJ IFA, HUD, City of Oakland, MHP, 4% Bonds and 4% Tax Credits, HOME Funds Status: Construction Completed September 2007; currently in lease up Contact: Phil Neville, Oakland Housing Authority (510) 587-2112 9. Project/Location: Jeffrey -Lynne Phase IV, Anaheim Description: Acquisition and rehabilitation of 36 apartments in multiple buildings, in partnership with Southern California Housing Development Corp. Financing: Low -Income Ilousing Tax Credits/City of Anaheim, HOME Funds Status: Construction completed January 2008; 100% occupied Contact: Lisa Stipkovich, Anaheim Community Development Department (714) 765-4301 10. Project/Location: Ontario Senior Apartments Description: New construction of 76 units of senior housing in downtown Ontario Financing: Low -Income Housing Tax Credits/City of Ontario, HOME Funds Status: Entitled; in planning stage Contact: Christie Reiff, Community Development Department (909) 295-2304 11. Project/Location: Coliseum Gardens Phase IV, Oakland Description: Multi -phase Hope VI project (70 units) Financing: CaIIIFA, HUD, City of Oakland, MHP, 4% Bonds and 4% le RELATED relk I oGi° +'y brks SECTION I'.-Il. HOME FUNDS EXPERIENCE Tax Credits, I TOME Funds Status: Pre -development; construction will commence Fall 2008 Contact: Phil Neville, Oakland !lousing Authority (510) 587-2112 12. Project/Location Lincoln Anaheim Phase I, Anaheim Description: Development of 72 Family Apartment and Townhome units. Financing: Low Income Housing tax credits, Section 8, City of Anaheim, HOME Funds Status: Entitled; Constniction will commence Spring 2009 Contact: Lisa Stipkovich, Anaheim Community Development Department (714)765-4301 13. Project/Location: Lincoln Anaheim Phase II, Anaheim Description: Development of 74 Family Apartment and Townhome units. Financing: Low-income Housing tax credits, MIIP, Section 8, City of Anaheim, IlOME Funds Status: Entitled; Construction will commence Spring 2009 Contact: Lisa Stipkovich, Anaheim Community Development Department (714) 765-4301 C:OMMUNITY HOUSINCWORKS 1. Project/Location: Alabama Manor, San Diego Description: 67-unit senior housing Financing: LIIITC, Wells Fargo, City of San Diego !HOME, MIIP Status: Completed 2008 3. Project/Location: Bandar Salaam, San Diego, CA Description: 68-unit multifamily Financing: LIIITC, AHP, City of San Diego HOME funds, LISC Status: Completed 2001 4. Project/Location: 245 Cedar Road, Vista Description: 40-unit multi -family transitional housing Financing: LII-ITC, City of Vista, HUD Support Housing; B of A, County IIOME, AHP Status: Completed 1996 5. Project/Location: Esperanza Garden, Encinitas Description: I0-unit multi -family Financing: LIIITC, HOME, City of Encinitas Status: Completed 1994 6. Project/Location: Eucalyptus View, Escondido Description: 24 Cooperative Housing, Farmworker Financing: LIIITC, LISC, City of Escondido, HOME/CDBG, JSFWHG Status: Completed 2001 7. Project/Location: Marisol, Oceanside Description: 22-unit HIV/AIDS housing Financing: L1GTC, }IUD Support !lousing, City of Oceanside, City of SD IIOME, 11OPWA qg Norl !: RELATED'S SECTION Elf. HOME FUNDS EXPERIENCE Status: Completed 1997 8. Project/Location: Orange Place, Escondido Description: 32-unit cooperative housing Financing: LIHTC, City of Escondido, HOME, B of A Status: Completed 1997 9. Project/Location: Solara, Poway Description: 56-unit multi -family housing Financing: LIHTC, Poway Redevelopment Agency, County SI) HOME, 11BOC Status: Completed 2007 10. Project/Location: Solutions Family Center, Vista Description: 33 Transitional Family Housing Financing: County of SD, CDGF,, SHP, City of Encinitas HOME, Carlsbad HOME, Oceanside HOME, San marcos in Lieu Funds, Board of Supervisors Fund, AHP Status: Completed 2004 IN RELATED riatHozarksg9 SECTION EAU. BROWNFIELD REDEVELOPMENT EXPERIENCE. III. Brownfield Redevelopment Experience RELATED Related has significant experience working with and redeveloping brownfields. William Witte, President of The Related Companies of California, serves on the Board of the Center for Creative Land Recycling, based in San Francisco, which among other things, administers the State's Brownfields funds. As an example of a very relevant brownfields redevelopment project that Related has recently worked on, Related's Lion Creek Crossings (also known as Coliseum Gardens) in Oakland, California, shares almost identical site and remediation needs as the National City Public Works Center Project. Lion Creek Crossings is a multi phase mixed income community located in Oakland, California. The project consists of 443 multi family affordable rental units and 28 for sale townhomes. The Project site is intersected by a creek that is being restored through the use of an EPA Brownsfield Grant. COMMUNITY HOUSINGWORKS Community IlousingWorks has completed several development projects that involved complicated sites, wetlands and/or creeks: Fallbrook View Apartments - Located in Fallbrook at the drainage into the Buena Vista Creek, 1/8 of the site had to he restored and set aside as wetlands with a maintenance reserve and dedication. This site was also located on a very steep grade (approx. 100 feet elevation change) requiring two shoring walls and included a podium structure with 37 units over a parking garage. SOLARA - Poway development in 100 year FEMA flood zone, adjacent to FEMA blue line stream floodway. Design team created a greenbelt amenity from the flood plane exposure. Liquefiable soils, groundwater 5'. Raised pad out of flood zone to maximize developable area, resulting in 22% increase in apartment units. Initiated and successfully processed LOMR with FEMA to rernap and avoid future need for flood insurance. Developed this residential office/retail mixed use with severe groundwater (5') contamination while structuring remediation from petrochemicals from leaking underground storage tanks. RELATELNS 1.1 xlcs 1DC� SECTION F-III. BROWNFIELD REDEVELOPMENT EXPERIENCE Hillside Village Apartments Built on a steep incline adjacent to Poway Creek and a park preserve. The 8-acre has approximately a 40-foot increase in elevation from the project's' entrance. Design used large retaining walls to create three elevated pads to increase density and preserve open space. In spite of large retaining walls, project received multiple design awards and is well liked by the community. The design takes advantage of the semi -rural atmosphere of the site which is located adjacent to both Poway Creek and a protected natural park that has trails for hiking and horseback riding. Old Grove Apartments - This development site in Oceanside was complicated to develop. Located on a steep hillside, construction required removal of a high powered gas line, relocation of a high powered water line, construction of a 1/3 mile drainage swale and a 30 foot tall x 150 foot long retaining wall. In addition, CIIW built and dedicated a public road and managed the process to coordinate with the active construction of 150 new single family homes built by Standard Pacific Homes on the shared entry. IN RELATED SECTION E-IV. OTIIER FUNDING EXPERIENCE IV. Other Funding Experience In these financial times, the ability of a Developer to obtain different sources of funds to support the development costs of building affordable housing at below market rents is vital. Related has a long track record of successfully identifying and obtaining creative financing for its projects. The funding sources that Related has been successful in obtaining in the recent past include: 4% and 9% Low Income Housing Tax Credits Related has had significant success in obtaining and maximizing the amount of Low Income blousing Tax Credits it receives on it projects. Related's proven track record and extensive access to the capital markets allow us to extract the best pricing for these credits within any given market. Multi -Family Housing Program (MIIP) Funds Related has had significant success obtaining Multi -Family Housing Program Funds from the State Department of FWD on its past multi -family development projects. MIIP funds are competitively awarded and structured as low interest, residual receipt loans with a minimal required debt service. Some samples of recent projects where Related has obtained MHP funds include: Project /Location: Description: Financing: Status: Contact: Project/Location: Description: Financing: Status: Contact: Project/Location: Description: Financing: Status: Contact: Project/Location Description: Financing: Status: Contact: Coliseum Gardens, Phase 1, Oakland Multi -phase !lope VI project (3501 units at build out) Ca!HFA, IIUD, City of Oakland, MHP, 4% Bonds and 4% Tax Credits Completed December 2005; 100% occupied Phil Neville, Oakland }lousing Authority (510) 587-2112 Coliseum Gardens, Phase 2-3, Oakland Multi -phase Hope VI project (350 t- units at build out) Call }FA, HUD, City of Oakland, MIIP, 4% Bonds and 4% Fax Credits Construction Completed September 2007; currently in lease up Phil Neville, Oakland Housing Authority (510) 587-21 12 Coliseum Gardens Phase IV, Oakland Multi -phase Hope VI project (70 units) Call IFA, HIJI), City of Oakland, MIIP, 4"/o Bonds and 4% Tax Credits Pre -development; construction will commence Fall 2008 Phil Neville, Oakland lousing Authority (510) 587-2112 Lincoln Anaheim Phase 1I, Anaheim Development of 72 Family Apartment and Townhome units. Low Income Housing tax credits, Section 8, City of Anaheim, HOME Funds Entitled; Construction will commence Spring 2009 Lisa Stipkovich, Anaheim Community Development Department (714)765-4301 !: ECIS F}ix���kdcs Ana SECTION E-IV. OTHER FUNDING EXPERIENCE Section 8 Related has had significant success using both project -based and tenant based Section 8 vouchers in the past. Some samples of recent projects where Related has used project - based Section 8 vouchers include: Project/Location: Swrimercrest, National City Description: Acquisition and rehabilitation of a 372-unit !IUD -financed apartment project in partnership with Las Palmas Foundation Financing: Low -Income housing Tax Credits/Tax-Exempt Bonds Status: Rehabilitation complete December 2001, 100% occupied Contact: Paul Desrochers, National City Department of Community Development (619) 336-4253 Project/Location: harbor Village, Harbor City (Los Angeles) Description: Redevelopment of 35.5 acre, 400-unit public housing site into 624-unit multi- family mixed income for -sale and rental property Financing: Low -Income Housing Tax Credits, Section 8; Conventional Status: Construction completed September, 1998; 100% occupied Contact: Executive Director, Housing Authority of the City of Los Angeles (213) 252-1818 Project/Location Lincoln Anaheim Phase I, Anaheim Description: Development of 72 Family Apartment and Townhome units. Financing: Low Income l lousing tax credits, Section 8, City of Anaheim, HOME Funds Status: Entitled; Construction will commence Spring 2009 Contact: Lisa Stipkovich, Anaheim Community Development Department (714)765-4301 Project/Location 740 South Olive, Los Angeles Description: Redevelopment of 309-unit senior housing rental high-rise Financing: Low Income I lousing tax credits; Section 8; Conventional; New Generation Fund; Status: Rehabilitation will commence Spring 2009 Per our conversation with the City of National City's Section 8 Manager, Mr. Ilermi Oliveria, the City of National City has approximately 1,000 Section 8 vouchers allocated to it by HUD. Of these 1,000 vouchers, up to 20% (or approximately 200 vouchers) can be designated as Project -based Section 8. Currently, there are approximately 150 Project -based Section 8 vouchers being used within the City of National City. Consequently, 50 are available to be designated as Project -based if needed. These 50 vouchers are currently being used by Section 8 tenants but they can be phased into a project as they become available. The current attrition of Section 8 vouchers in the City of National City is approximately 10 per month. IN RELATED `eN"62ar"' 103 SECTION I? -IV. OTIIER FUNDING EXPP.RIENC'E Mr. Oliveria informs us that he does not anticipate either an increase or a decrease in Section 8 vouchers allocated to it by I IUD in the near future. The development team also has significant experience with the following funding sources: n HOPE Funds n CUBG Funds n Affordable Housing Program (AHP) Funds o Conventional financing ❑ Local jurisdiction financing ▪ Taxable and tax-exempt bonds For a complete listing of all the different types of financing that Related has used on its affordable housing projects in the past, please see the complete list of Projects and their financing sources provided in Section B-I11. r RELATECPS 11(*(1-0-3Wrirlis o� Comments on the Community Design Concept M RELATED ii=abikytY S 105 SECTION 1'-1. OPPORTUNITIES S & CHAI.LEN(i1-s I. Opportunities & Challenges We believe the proposed site plan is a strong synthesis of multiple neighborhood and community objectives, and presents a good starting point to consider additional design modifications and enhancements. From this solid beginning, the development team will interface with community residents and leaders to identify additional opportunities and constraints that will allow the site plan to evolve into a strong expression of the shared objectives of the City and its stakeholders. Some of our initial thoughts on where to find opportunities for enhancement are summarized below. Master Site Planning An integrated, multi -disciplinary approach should be employed as the site plan is developed further: • The next iteration of the land plan will benefit from an integrated multi- disciplinary approach that comprehensively addresses the technical issues of (a) wetland enhancement and restoration objectives; (b) hydrology and flood plane elevations; (c) best management practices for stormwater treatment; (d) soil and groundwater brownfield restoration; and, (e) geotechnical considerations, including anticipated soil removal and recompaction requirements for building foundations. • Understanding the full site constraints and opportunities related to these issues will allow a grading and land plan that can cost-effectively solve engineering problems and create a true connection between living areas, pedestrian circulation, and automobile circulation and storage (parking). Our objectives would be to minirnize the use of crawl spaces that have the potential to separate the buildings from the ground plane and natural resources and increase the residents' and guests' interactions with the Paradise Creek Education Park, while providing adequate protection of the environmental resources. • Opportunities include raising the elevation of the building pad, and terracing the buffer area to allow opportunities for stormwater infiltration and cleansing during moderate storm events, while providing safe areas for flooding during infrequent larger storm events. Phasing & Efficiency It may prove beneficial to review the master plan design for a development of this magnitude to ensure an optimum number and size of individual building(s) with respect to construction phasing and project delivery: • The phases of the project and the sizes of each structure must be carefully designed in order to strike a delicate balance between constnlction/operational efficiencies, and the financial efficiencies of different financing programs. The current proposed Master Plan encompasses seven buildings ranging from 12 units in size to 84 units in size. The ultimate design of the master plan will drive the construction phasing and can dramatically affect the financial viability of such a large project. We would propose to work closely with National City and the .60 RELATEDIS F1au��4xks SECTION F-I.OPPORTUNITIES & CHALLENGES community in a collaborative process to design a master plan with the right balance. Additionally, the currently envisioned concrete podium buildings present special challenges for construction and operational efficiencies that are sensitive to project phasing. Combining smaller concrete podiums to amass larger building footprints often yields cost savings by improving the efficiency of the parking structures. In order for all of the Project's anticipated phases to maximize points on the application for tax credits and/or MIIP funds, at least 30% of the units within each phase are required to be 3-bedrooms or more. The current scheme including 3 and 4-bedroom units may not achieve this particular threshold. Reviewing the optimum unit mix and dispersing this mix amongst the phases for funding and construction will be crucial for the financeablilty of the development. Community The role of this site as a catalyst and model in the transition of the Westside Specific Plan should he maximized: • Careful thought to the interface between the proposed residentially -oriented site and the commercial and industrial uses east of 1-loover Ave. needs to provide design solutions that both provide an appropriate transition and buffer today and integration with the future mixed -use area planned east of I loover. • The location and timing of development of supportive retail commercial uses for the residents should be considered. Delivering Density Delivering a financially feasible product that will achieve city council's objectives and surpass the community's expectations may hinge on the density of housing planned for Paradise Creek. Past experience accentuates the following challenges: 13 Height: Height is often perceived as less "child -friendly" and can present additional property management issues for family developments. Height also requires elevators and other building systems that can financially burden affordable housing operations. Lastly, height specifically impacts prevailing wage rates when buildings such as those envisioned require higher, commercial prevailing wages. • Cost: To mitigate the "cost" of density, we employ such strategies as: Unit Mix: interspersing a percentage of studio and one -bedroom apartments within a family development often creates a healthy project population while allowing for more density. Design: Innovative design can retain density yet reduce and minimize the number of elevators and the need for elevators to access every floor. Parking & Automobile Circulation Finding the optimum balance of parking to density (unit mix & parking ratios), pursuing efficient parking layouts that may include the use of tandem spaces, and understanding NI RELATED SECTION F-1. OPPORTUNITIES & CHALLENGES shared -use parking arrangements with retail or neighboring uses which alternatively benefit Prop IC consideration, all require review by the Development Team. Additional refinement may include the following: • The proposed parking ratio appears generally consistent with recent parking studies of affordable housing in the San Diego region conducted by the San Diego Ilousing Federation and Katz Okitsu Associates for the San Diego Housing Commission. However, as the unit mix and bedroom count is refined specific ratios based on unit size should be employed based on these studies, with particular weighting to observed conditions in the complexes with immediate proximity to trolley service similar to the site. Additional reductions in parking may be justified, which will also support the objectives of transit -orientation and sustainable design for the site. • Small individual garages might present a cost burden that could be lowered if these were gathered into larger structures with individual buildings set over them. I3uildings 1-3 for instance could share a single podium and possibly provide more vehicles in the same area. Likewise Buildings 5 and 6 could be combined. ▪ As a result of being bisected by Paradise Creek, the site presents a number of dead-end streets that create automobile circulation challenges. Careful attention should be paid to circulation patterns, directing traffic to the four -lane Hoover Ave. where more capacity exists and away from Wilson Ave. where congestion is more likely to occur as a result of the transit station, educational complex, and proximity to the 1-5 onramps. Proposition IC — TOI) and IIC Program Funding With Related's experience in applying for and successfully obtaining Proposition IC funding, we arc confident in our ability to maximize the Project's likelihood of obtaining such funding. Provided below is a brief summary of the challenges presented in the Prop IC application: • Maximum Grant and/or Loan Amounts I'OD Approximately $50,000 max per unit in the form of a Grant or Loan Maximum of $17,000,000 total between TOI) Grant & Loan 11(i Approximately $37,500 max per unit Maximum of $20,000,000 for a Qualified Infill Project application Maximum of S30,000,000 for a Qualified Infill Area or Large Multi - Phase Project application • Key for the development team is to identify eligible costs that qualify for and maximize the grant and loan amounts listed above. n Qualifying for both a TOD Infrastructure Grant and an IIG Grant will be challenging and require creative approaches to attaining readiness points. Alternatively, the Project could apply for a TOD Ilousing Development Loan and an IIG Grant application. This assessment will require immediate focus and further evaluation to maximize our competitiveness. 111 RELATE[' ralk Ha Vc�xk o9 SECTION F-I. OPPORTUNITIES & CHALLENGES n Due to limited number of Proposition IC funding rounds, we recommend that the \.r Project apply in its entirety - using all planned units under one application. • Note that the Prop IC program requires that locally controlled funds be contributed equal to an amount equal to at least 25% of the Proposition IC funding. Transit Oriented Development Careful attention should be paid to integrate the site with the transit station: ▪ The southeast corner of the site is the gateway between the proposed transit - oriented development and the 24th St. Transit Center. Creating a signature entrance element to the mixed -use complex and the Paradise Creek Education Park, while maintaining an attractive pedestrian connection for residents and guests will be key. • As a transit -oriented development, access to the existing transit options should be facilitated and careful consideration given to the amount of and location of parking so that automobile use does not become the most -favored form of transportation. • The child care facility may be more appropriately located closer to the transit facility. Although, the location adjacent to the existing school may be appropriate given the age levels served. More information about this programming objective will determine the best location. ▪ The history of railroad service in National City can be used as a thematic element in the conceptual planning and design around the transit station. Sustainability The development team is committed to sustainable design with green development underway or completed. As such, we will use our expertise in Green l3uilding elements and apply it to this project: • We will seek for opportunities to maximize the opportunities for green and sustainable design including maximizing daylight, cross breezes and other natural heating and cooling opportunities. • Opportunities for location of photovoltaic panels should be understood and created as the site plan is developed. • As landscaping plan is developed, native and low-water use plants should be specified, along with careful consideration of how the landscaping can provide integrated stormwater ninoff treatment. Paradise Creek Restoration The development team's recent experience collaborating with environmental agencies, coordinating public funding and implementing restoration of the creek dissecting Related's Coliseum Garden's Project provides unique insight into the opportunities and challenges for the developer, operator, community, the City of National City and other vested parties. Opening Paradise Creek to the both the residents and the surrounding != R ELATED SH: rlON F-1. OPPORTUNITIES S & CHALLENGES community will require substantial focus and cooperation to address security, safety and liability. From a planning perspective, additional opportunities should be identified for connection between the natural creek area and the existing neighborhood: 11 The interface of the Paradise Creek Educational Park to the existing neighborhood and school at W. 19'h St. is strong. Careful attention should be paid to finding opportunities to integrate access and sightlines at other locations, including the Harding Ave. and W. 20'h St. intersection. • Edges of the proposed development should be carefully designed to encourage and activate the pedestrian experience for both residents of the site and the existing neighborhood. • height can be maximized at the eastern interface with more commercial uses, and at the southwest corner adjacent to the transit station, keeping lower height along creek, creating a more open experience along the creek area. • The location of, and quantity of, the creek crossing(s) are important considerations in integrating the site and creating walkable connections in the neighborhood. • The inward facing buildings provide good opportunities for safe/supervised play areas for young children, but may not maximize interface with the creek. As building designs are refined, careful balance of these multiple objectives will create the best plan. Environmental Advantage Environmental Consultants cotnpleted an independent evaluation of parcel information, regulatory history and a review of available environmental documents pertaining to the subject property. Based on AEC's review of site information, this project could be eligible for the following programs and cleanup grants recognized by the developent team as potential options to capture funding for environmental assessment and remediation activities. The development team will work diligently to secure such funding in cooperation with the City of National City. • The proposed project will likely be strong candidate for a United States EPA Site -Specific Brownfield Assessment grant (maximum funding of $350,000), which would fund activities such as Phase I and 11 Environmental Site Assessments (FSAs), mitigation plans and community outreach and costs associated with the implementation of the grant. The application for such a grant can be submitted no sooner than November of 2009, which may or may not be conducive to the project schedule. • When additional subsurface investigation is complete and a mitigation plan is approved by the appropriate regulatory agency, the project could also he potentially eligible for a United States EPA Brownfield Cleanup Grant (maximum funding of $600,000 for up to three total sites), to be used for site r RELATEN00 41( Hai°l�"rt ii„ SECTION F-L OPPORTUNITIES & CHALLENGES cleanup, confirmatory soil sampling, regulatory interface and other tasks as required. It should be noted that to be eligible for such a grant, fee simple title for all parcels that will be subject to the cleanup activities must be held by the City of National City by June 30, 2009. • The CALReUse Program is another potential option for remediation grant funding on this project. The program has recently approved up to $5 million in grants for cleanup (includes lead and asbestos abatement) of infill residential or mixed -used residential projects. Applications are accepted on a rolling basis which represents a more flexible approach with respect to the project schedule. Offsite Improvements Early identification of offsite improvements will be vital to planning efforts during design. Early evaluation from Studio E architects and C & V Consulting civil engineers raises the following queries: • The plan appears to imply a vacation of the right-of-way of 21'` Street. There may be costs associated with utility relocations or the cutting off of access to properties that border on the north. Additionally, a right-of-way vacation typically grants half of the land to each property on either side. This scheme supposes that the entire street reverts to this project. • According to the Westside Specific Plan, the Water Authority has acknowledged they will serve the project site; however, they do not know at this time if any improvements will he necessary. Most notable, the existing 6" lines on the westerly portion of the project may or may not have the capacity required to serve a 65' high residential complex from a lire standpoint. The water authority does not have any fire flow data at this time. • Also the existing 6" water line south of the intersection of Harding Avenue and West 21 st Street may need to be raised or adjust with the new street grade. • Also the existing dead end 8" line in Hoover Avenue may need to loop to another system or through the project site to secure fire protection. 11 RELATED DEVELOPER STATEMENT OF QUALIFICATIONS NS !: RELATES 1 a SECTION G-I. DEVELOPER STATEMENT OF QUALIFICATIONS 1. Developer Statement of Qualifications Please find attached below the Developer's Statement of Qualifications. r RELATED DEVELOPER STATEMENT OF QUALIFICATIONS & FINANCIAL SUMMARY I. DEVELOPER INFORMATION Name: The Related Companies of California Address: 18201 Von Karman Avenue, Suite 900, Irvine, CA Telephone/Fax: _949.660.7272 / 949.660.7273 Email: _restberg@related.com Contact Name: _Rick Westberg Is the Developer a subsidiary of/or affiliated with, any other Corporation(s), Joint Venture(s) or Firm(s)7 f ; No X Yes Ifycs, list each such Corporation, Joint Venture, or Firm by name & address, specify its relationship to the Developer, the % of interest of -the partners & identify the Officers & Directors or tnistees common to the Developer & such other Corporation or Firm: Name of Corporation/Joint Venture/Firm: Related General IV, LP Address: 423 W. 55th Street, New York, NY 10019 Relationship to Developer _Member Officers/Directors/Trustees: Michael Brenner % of Interest of the partners: _50.01 %_ Individual(s) authorized to negotiate, on behalf of the development entity/team & responsible for project execution: Name(s): William Witte Position: President Telephone/Fax: 949.660.7272 / 949.660.7273 Email: bwitte@related.com related.com _- Name(s): Position: Telephone/Fax: Ismail: Name(s): _ Position: Telephone/Fax: Email: Frank Cardone Chief Operating Officer _949.660.7272 / 949.660.7273 fcardone(a))related.com Rick Westberg_ Project Manager 949.660.7272 / 949.660.7273 rwestberg(a),relatcd.com III WORKSHEET C Developer Statement of Qualifications/Financial Summary 2 of 4 II. FINANCIAL CAPACITY A. Sources & amount of cash available to Developer to meet equity requirements of the proposed undertaking in Bank(s): 1) Bank Name: Address: City, State Zip: Amount: $ 2) Bank Name: Address: City, State Zip: Amount: $ B. By loans from affiliated or associated corporations or firms: Name: Address: - City, State Zip Source Amount: $ C. The Following are Three Bank References: 1.) Bank Name: Wells Fargo Address: 420 Montgomery Street, San Francisco, CA Contact Person: Margaret Schram Telephone: 408-314-8731 2.) Bank Name: Union Bank of California Address: 200 Pringle Avenue, Suite 200, Walnut Creek, CA Contact Person: William Sandifer Telephone: 925-947-2473 3.) Bank Name: Citigroup North America Inc Address: One Sansome Street, 24th Floor, San Francisco, CA Contact Person: Lucas Swanson Telephone: _ 415-627-6268 D. The following are Three business references: 1.) Company: Foundation for Social Services, Inc Address: _4029 Westerly Place #101, Newport Beach, CA 92660 Relationship: Partner on previous projects_ Contact Jonathan Webb Person: Jonathan Webb Telephone: 949.253.3120_ 2.) Company: Bocarsly, Emden, Cowan, Esmail, Parker & Arndt, LLP Address: 633 West Fifth Street, 70th Floor, Los Angeles, CA 90071 Relationship: Council Contact Lance Bocarsly Person: ___ Lance Bocarsly Telephone: 213-239-8088 n5 WORKSHEET C Developer Statement of Qualifications/Financial Summary 3 of 4 3.) Company: HSBC Address: 660 South Figueroa, Suite 800, LA, CA 90017 Relationship: Financial Partners Contact Patrick McNicholas Person:__ _ Patrick McNicholas Telephone: 213-553-8020 Has the Developer or (if any) the parent corporation or any subsidiary or affiliated corporation of the developers officers or principal members, shareholders or investors been adjudged bankrupt, either voluntary or involuntary, within the past ten years? X No ❑ Yes If yes, please provide the following information: Date: Location: Bankruptcy was filed under the following name(s): F. Has the Developer or (if any) the parent corporation or any subsidiary or affiliated corporation of the Developer's officers or principal members, shareholders or investors been involved in litigation relating to a development project either voluntary or involuntary, within the past three years? X No ❑Yes if yes, please provide the following in formation: Date: Place: General Description: Current Status: G. Total amount of development work completed by developer during the last three years: The Related Companies of California has in excess of $265 million worth of projects completed within the last three years. H. Projects currently in planning or development by the Developer or Principals of the development entity: Juanita SRO Los Angeles, CA Lincoln Anaheim Anaheim, CA Sakura Crossings Los Angeles, CA Marcus Garvey San Francisco, CA Sunnydale Trinity Plaza San Francisco, CA Richmond, CA Santa Monica Village Santa Monica, CA 740 South Olive Street Los Angeles, CA Uo WORKSHEET C Developer Statement of QualificationslFinancial Summary 4 of 4 CERTIFICATION Does any member of the Developers' Corporation/Partnership have any known relationship in connection with purchasing & implementing the Project with any member of the governing body of the Agency to which the accompanying proposal is being made, or to any officer or employee of the local public agency who exercises any functions or responsibilities in connection with the carrying out of the Project under which the local public agency covered by the Developers proposal Is being made available? X No 0 Yes ff yes, explain: J. Statements & other evidence of the Developers Qualifications & Financial Responsibility are attached thereto & hereby made a part hereof as follows: I/We William A. Witte certify that this Developer Statement of Qualifications and Financial Responsibility & the attached evidence of the Developers qualifications and financial responsibility are true and correct to the best of my/our knowledge and belief, and that the information contained in this statement is considered public record and will be made available for public inspection and copying upon request. Availability of these public records begins when the Developer selection process includes public meetings. William A. Witte Name Name President Title Title Signature Signature Thursday, November 19, 2008 Date 18201 Von Karmen, Suite 900 Street Address Date Street Address Irvine, CA 92612 City, State & Zip City, State & Zip If the Developer is a Corporation, this statement should be signed by the President & Secretary of the Corporation; if an individual or proprietorship, by such Individual; if a partnership, by one of the general partners; if an entity not having a President & Secretary, by one of its Chief Officers having knowledge of the financial status & qualifications of the Developer. DEVELOPER STATEMENT OF QUALIFICATIONS & FINANCIAL CAPACITY .,rr 1. DEVELOPER INFORMATION Developer: Community HousingWorks (Co -Developer) 4305 University Ave., Suite 550 San Diego, CA 92105 Contact: President and CEO: Susan M. Reynolds Tel: 619-282-6647 Ext. 5690 Fax: 619-640-7119 E-mail: sreynolds@chworks.org Vice President of Mousing Development: Anne B. Wilson Tel: 619-282-6647 Ext. 5706 Fax: 619-640-7119 E-mail: awitson@chworks.org Is the Developer a subsidiary of/or affiliated with, any other Corporation(s), .Joint Venture(s) or Firm(s)? No Individual(s) authorized to negotiate, on behalf of the development entity/team & responsible for project execution: President and CEO: Susan M. Reynolds Tel: 619-282-6647 Ext. 5690 Fax: 619-640-7119 E-mail: sreynolds@chworks.org Vice President of Housing Development: Anne B. Wilson Tel: 619-282-6647 Ext. 5706 Fax: 619-640-7119 E-mail: awilson@a,chworks.org Project Managers Senior Project Manager: Mary Jane Jagodzinski Tel: 619-282-6647 Ext. 5710 Fax: 619-640-7119 E-mail: mjjag@chworks.org Developer Statement of Qualifications/Financial Summary 1 118 Senior Project Manager: Dave Gatzke Tel: 619-282-6647 Ext. 5711 Fax: 619-640-7119 E-mail:dgatzke@chworks.org II. FINANCIAL CAPACITY A. Sources & amount of cash available to Developer to meet equity requirements of the proposed undertaking in Bank(s): Smith Barney 4350 La Jolla Village Drive, Suite 1000 La Jolla, CA 92122 Amount: $1,300,000 CHW Housing Futures Fund 4305 University Ave. San Diego, CA 92105 Source: Soft loans, grants, equity Amount: $700,000 B. By loans from affiliated or associated corporations or firms: Wells Fargo Bank 401 B Street, Suite 304 A San Diego, CA 92101 Source: Line of Credit Amount: $500,000 First National Bank of Southern California 110 San Marino Drive San Marcos, CA 92078 Source: Line of Credit Amount: $500,000 C. The Following are Three Bank References: Ed Quilivan, Vice President Union Bank of CA 530 B Street, S 500 San Diego CA 92101 Phone: (619) 230-3256 E-mail: Edward.Quinlivan@uboc.com Developer Statement of Qualifications/Financial Summary 2 161 Sally. A. Lang, Vice President Wells Fargo Bank Community Lending Division 2030 Main Street, Suite 570 Irvine, CA 92614 Phone: (949) 251-4345 E-mail: Sa11y.A.Lang@wellsfargo.com Smith Barney Chrissy Wise or Morgan Elliot 4350 La Jolla Village Drive, Suite 1000 La Jolla, CA 92122 Phone: (858) 597-7714 Morgan morgan.w.elliot@smithbarney.com Phone: (858) 597-7806 Chrissy christina.h.wise@smithbamey.com D. The following are Four business references: Investors Todd Fabian, Vice President National Equity Fund 1055 Wilshire Blvd, 16th Floor Los Angeles, CA 90017 Phone: (213) 250-9550 or (213) 240-3144 E-mail: tfabian@netinc.org Evan Becker, Managing Director 402 West Broadway, Suite2020 San Diego, CA 92101 Phone: 619-471-0110 Fax: 619-471-0123 E-mail: eebecker@redcapita1group.com Public Jurisdictions Dena Fuentes, Director of Redevelopment Services City of Poway 13325 Civic Center Drive Poway, CA 92064 Phone: (858) 668-4545 E-mail: dfuentes@ci.poway.ca.us Developer Statement of Qualifications/Financial Summary 3 1:DO Cissy Fisher, Director San Diego Housing Commission 1625 Newton Street San Diego, CA 92113 Phone: (619) 578-7531 E-mail: cissyf@sdhc.org E. Has the Developer or (if any) the parent corporation or any subsidiary or affiliated corporation of the developers officers or principal members, shareholders or investors been adjudged bankrupt, either voluntary or involuntary, within the past ten years? No F. Has the Developer or (if any) the parent corporation or any subsidiary or affiliated corporation of the Developer's officers or principal members, shareholders or investors been involved in litigation relating to a development project either voluntary or involuntary, within the past three years? Yes. Please see attached Disclosure Documents G. Total amount of development work completed by developer during the last three years: Units: 411 Value: $82.6 million 1. La Costa Paloma - 180 units - $28 million Development Cost plus donation of land valued at $8 million - Total Value- $36 million. Completed: 2005 2. SOLARA -- 56 Units - $15.8 million development cost plus donation of land valued at $2.3 million - Total Value - $18.2 million Completed: 2007 3. Las Screnas - 108 units - $17.5 million acquisition and rehabilitation cost. Completed: 2006 4. Alabama Manor -- 67 senior units - $10.9 million acquisition and rehabilitation cost. Completed: 2007/2008 H. Projects currently in planning or development by the Developer or Principals of the development entity: 1. Oak Knoll Villas, Poway- 52 family units. Acquired 2008. Proposed 4% tax credit/bond financing for rehabilitation 2009. Total Estimated Cost: $15 million. Estimated completion: 2009. 2. Turnagain Arms Apartments, 80 family units. Acquired 2008 with 4% tax credits/bond financing for rehabilitation 2008/2009. Estimated completion: 2009. Developer Statement of Qualifications/Financial Summary 4 3. Bridges at Aviarra Inclusionary, Carlsbad 75 Senior Apartments. Early design and entitlement. Estimated close on construction 2010. 4. Florida Street, San Diego. 83 units family apartment. New Construction. Entitled condo site under contract, preliminary subsidy commitments. Redesigning. Estimated start date: 2009; completion 2011. 5. Two additional entitled condo development sites under contract. Early stages of feasibility and financing. Prefer not to disclose location at this time. 6. Los Robles Apartments, Vista. 80 unit existing family HUD financed development currently owned by entity with CHW participation. Early feasibility for refinancing with 4% tax credits and bonds. Estimated close of construction: 2010. I. Does any member of the Developers' Corporation/Partnership have any known relationship in connection with purchasing & implementing the Project with any member of the governing body of the Agency to which the accompanying proposal is being made, or to any officer or employee of the local public agency who exercises any functions or responsibilities in connection with the carrying out of the Project under which the local public agency covered by the Developers proposal is being made available? No J. Statements & other evidence of the Developers Qualifications & Financial Responsibility are attached thereto & hereby made a part hereof as follows: Please see Community HousingWorks Audit and Qualifications submissions. Developer Statement of Qualifications/Financial Summary 5 as CERTIFICATION I/We Susan M. Reynolds certify that this Developer Statement of Qualifications and Financial Responsibility & the attached evidence of the Developers qualifications and financial responsibility are true and correct to the best of my/our knowledge and belief, and that the information contained in this statement is considered public record and will be made available for public inspection and copying upon request. Availability of these public records begins when the Developer selection process includes public meetings. Name: Susan M. Reynolds Name: Annie Stokes Title: President and CEO Signatur i2tu %V•-• Date: li /►`? / lLt_; Street Address: 1?,G1:.' L L \(k ) 4. Title: Secretary Signature: r`�A- Date: Street Address: (?).) (1) . - YILLAL f 1 l City, State & Zip: (Ct _ ON Cik `126?-4) City, State & Zip:1(& k3 (A (i)- If the Developer is a Corporation, this statement should he signed by the President & Secretary of the Corporation; if an individual or proprietorship, by such individual; ifa partnership, by one of the general partners; if an entity not having a President & Secretary, by one of its Chief Officers having knowledge of the frnancial.slalus & qualifications of the Developer. '`.► Developer Statement of Qualifications/Financial Summary 6 1)%3 DISCLOSURE OF RELEVANT LAWSUITS ait SECTION 11-I. THE RELATED COMPANIES OF CALIFORNIA I. The Related Companies of California The Related Companies of California is not presently party to any pending major litigation nor is it subject to any major outstanding claims, liens or judgments between team members and municipalities or redevelopment agencies. !: RELATED 1� SECTION 11-11. COMMUNITY 11Ol1SIN(;WORKS I1. Community HousingWorks Community HousingWorks is not presently party to any pending major litigation nor is it subject to any major outstanding claims, liens or judgments between team members and municipalities or redevelopment agencies. 1Qe