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2009 09-15 CC CDC AGENDA PKT (2)
It 041,A1 10 • •ScE.0 4 Agenda Of A Regular Meeting - National City City Council / Community Development Commission of the City of National City Council Chambers Civic Center 1243 National City Boulevard National City, California Regular Meeting - Tuesday — September 15, 2009 — 6:00 P.M. Open To The Public Please complete a request to speak form prior to the commencement of the meeting and submit it to the City Clerk. It is the intention of your City Council and Community Development Commission (CDC) to be receptive to your concerns in this community. Your participation in local government will assure a responsible and efficient City of National City. We invite you to bring to the attention of the City Manager/Executive Director any matter that you desire the City Council or Community Development Commission Board to consider. We thank you for your presence and wish you to know that we appreciate your involvement. ROLL CALL Pledge of Allegiance to the Flag by Mayor Ron Morrison Public Oral Communications (Three -Minute Time Limit) NOTE: Pursuant to state law, items requiring Council or Community Development Commission action must be brought back on a subsequent Council or Community Development Commission Agenda unless they are of a demonstrated emergency or urgent nature. Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at (619) 336-4228 to request a disability -related modification or accommodation. Notification 24-hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Spanish audio interpretation is provided during Council and Community Development Commission Meetings. Audio headphones are available in the lobby at the beginning of the meetings. Audio interpretacion en espaiiol se proporciona durante sesiones del Consejo Municipal. Los audiofonos estdn 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.nationalcitvca.qov CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 9/15/2009 - Page 2 PRESENTATION 1. Employee of the Month of September 2009, James Stiles, Firefighter/Paramedic 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 Meetings of August 4, 2009 and August 18, 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 awarding a contract to Crest Equipment, Inc. in the amount of $188,750 and authorizing the Mayor to execute the contract for the construction of concrete improvements including . curbs, gutters, sidewalks, driveways and pedestrian ramps at various locations. (Funding will be through CDBG and Gas Tax). (Development Services/Engineering Division) 5. Resolution of the City Council of the City of National City ratifying the acceptance of a $40,000 grant from California Library Literacy Services to fund the Library's literacy programs for FY09-10. (Library) 6. Resolution of the City Council of the City of National City ratifying a two year labor agreement between the City and the National City Police Officers' Association. (Human Resource) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 9/15/2009 - Page 3 CONSENT CALENDAR (Cont.) 7. WARRANT REGISTER #7 Warrant Register #7 for the period of 08/12/09 through 08/18/09 in the amount of $488,133.34. (Finance) 8. WARRANT REGISTER #8 Warrant Register #8 for the period of 08/19/09 through 08/25/09 in the amount of $2,801,086.03. (Finance) ORDINANCES FOR INTRODUCTION 9. An Ordinance of the City Council of the City of National City amending Sections 3, 4 and 5 of Ordinance No. 1619, Section 5 of Ordinance No. 1829, and Section 5 of Ordinance No, 91-2012, pertaining to the Committee for Housing and Community Development. (City Attorney) 10. An Ordinance of the City Council of the City of National City amending Chapter 2.28 of the National City Municipal Code by adding Section 2.28.015 thereto, pertaining to the Planning Commission functioning as the Committee for Housing and Community Development. (City Attorney) 11. An Ordinance of the City Council of the City of National City amending Title 15.04 of the National City Municipal Code pertaining to the City Council's authority to approve alternate materials and methods of construction, consider appeals, and make interpretations under Title 15 of the Municipal Code; and dissolving the Advisory and Appeals Board. (City Attorney) NON CONSENT RESOLUTIONS 12. Resolution of the City Council of the City of National City adopting an amended Conflict of Interest Code which incorporates by reference the Fair Political Practices Commission's Standard Model Conflict of Interest Code, and rescinding Resolution No. 2008-180. (City Attorney) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 9/15/2009 - Page 4 NON CONSENT RESOLUTIONS (Cont.) 13. Resolution of the City Council of the City of National City accepting the work performed by Koch -Armstrong General Engineering, Inc. with the final amount of $6,265,090.46 and authorizing the Mayor to sign the final balance change order and authorizing the filing of the Notice of Completion with the County Recorder for the National City Street Resurfacing Project, FY 08-09. (Funded through Gas Tax, Traffic Congestion Relief, Proposition A and 1B Funds, and CIWMB Grants) (Development Services/Engineering Division) 14. Resolution of the City Council of the City of National City awarding a contract to Koch Armstrong in the amount not -to -exceed $1,916,282.35 and authorizing the Mayor to execute the Agreement for construction improvements for the Marina Gateway Streetscape Project, Spec. No. 08-16 and authorizing the appropriation of sewer funds. (Funded by Tax Increment Fund and Sewer Fund) (Development Services/Engineering Division) NEW BUSINESS 15. Temporary Use Permit — St. Mary's Fall Festival & Fund Raiser hosted by St. Mary's Church on October 4, 2009 at the parish grounds located on 8th Street and E Avenue from 7 a.m. to 6:30 p.m. with no waiver of fees. (Neighborhood Services) 16. Temporary Use Permit — National City "Got" Talent 2nd Annual Amateur Competition which will take place in the National City Public Library at 1401 National City Boulevard on October 17, 2009 from 10 a.m. to 2 p.m. with request of waiver of fees by the applicant. (Neighborhood Services) 17. Temporary Use Permit — National City Public Safety Fair hosted by the Police, Fire and Community Services Departments on October 31, 2009 from 10 a.m. to 2 p.m. at Kimball Park. This is a National City sponsored event and qualifies for a waiver of fees pursuant to Policy No. 804. (Neighborhood Services) 18. Temporary Use Permit — Bayview Banner advertising "Condos from $125,000 (619) 336-0303" at the Bayview Tower building at 801 National City Boulevard from September 16, 2009 to February 17, 2010 with no waiver of fees. (Neighborhood Services) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 9/15/2009 - Page 5 NEW BUSINESS (Cont.). 19. A report onvacant retail spaces and efforts to assist property owners with vacant retail spaces. (Community Development) COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 20. Authorize the reimbursement of Community Development Commission expenditures in the amount of $$52,226.04 to the City of National City for the period of 08/12/09 through 08/18/09. (Finance) 21. Authorize the reimbursement of Community Development Commission expenditures in the amount of $273,323.84 to the City of National City for the period of 08/19/09 through 08/25/09. (Finance) 22. Resolution of the Community Development Commission of the City of National City authorizing the Chairman to execute a Memorandum of Understanding in the amount not -to -exceed $25,000 annually with the San Diego State University Foundation to provide business management technical assistance to National City business. (Community Development, Housing and Grants) 23. Resolution of the Community Development Commission of the City of National City approving an Agreement with O'Day Consultants, Inc. to provide as -needed civil engineering services in the amount not -to -exceed $75,000 and authorizing the Chairman to execute the Agreement. (Redevelopment) 24. Resolution of the Community Development Commission of the City of National City approving an Agreement with KTU&A to provide as -needed planning and urban design services in the amount not -to -exceed $75,000 and authorizing the Chairman to execute the Agreement. (Redevelopment) 25. Resolution of the Community Development Commission of the City of National City approving an Agreement with Latitude 33 to provide as -needed planning and urban design services in the amount not -to -exceed $75,000 and authorizing the Chairman to execute the Agreement. (Redevelopment) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 9/15/2009 - Page 6 STAFF REPORTS 26. Presentation on the National City First Time Homebuyer Program. (Housing and Grants Division/Community Development Department) 27. Boards & Commissions staff report, recommendations and City Council actions. (City Clerk) 28. Financial Update — Proposition 1A, ERAF Shift, and Fiscal Condition. (Finance) 29. City Manager's response to correspondence from towing companies. (City Manager) 30. Closed Session Report. (City Attorney) MAYOR AND CITY COUNCIL ADJOURNMENT Next Regular City Council and Community Development Commission Meeting - Tuesday — October 6, 2009 - 6:00 p.m. — Council Chambers - National City. MEMORANDUM CALIFORNIA e e INgoRpORpTED September 8, 2009 TO Chris Zapata City Manager FROM Stacey Ste Human Resources Director SUBJECT' : EMPLO OF THE MONTH PROGRAM ITEM #1 9/15/03 The Employee of the Month Program communicates the City's appreciation for outstanding performance. In doing so, it recognizes employees who maintain high standards of personal conduct and make significant contributions to the workplace and community. The employee to be recognized in September 2009 is James Stiles, Firefighter/Paramedic By copy of this memo, the employee is invited to attend the Council meeting on Tuesday, September 15, 2009 to be recognized for his achievement and service. Attachment cc: James Stiles Chief Juniel Dionisia Trejo — Mayor/Council Office Josie Flores -Clark — Confidential Assistance Human Resources — Office File SS:Igr Performance Recognition Program (2) Human Resources Department 140 E. 12'h Street, Suite A, National City, CA 91950-3312 619/336-4300 Fax 619/336-4303 www.nationalcityca.gov City of National City Performance Recognition Award Nomination Form I nominate Firefighter/Paramedic James Stiles For the Performance Recognition Award for the following reasons: Please state reason why your nominee should receive and award, (i.e., examples of service beyond requirements of position, exemplary service to the public, outstanding job performance, etc.) Do not exceed 150 total words. Please be as specific as possible when giving your examples. Firefighter/Paramedic James Stiles serves on the Local 2744 Executive Board; maintains the Local's website and attends San Diego County Council meetings. He has served National City residents by participating in the Christmas in July Program. James is a member of the National City Fire Department EMS Committee, where emergency medical related issues are discussed and recommendations made. Recently, he led the Department's six recruit Firefighters in an exercise program to prepare them for the Fire Academy. James' goal is to become a Fire Officer. In 2007, he was certified as a Paramedic and in June 2009, he successfully participated in the Department's Engineer Examination. James and his wife, Penny, have a 10-month old son, Houston. In his free time, James enjoys running marathons and surfing. James' performance and achievements within the Fire Department show great leadership potential. He is a true asset to the City and the Department. FORWARD COMPLETED NOMINATION TO: Nominated/taC-- Roderic National City Performance Recognition Program Human Resources Department iel, Fire Chief Signature: --_ Date: September 2, 2009 ITEM #2 9/15/09 Approval of the Minutes of the Regular City Council/Community Development Commission Meetings of August 4, 2009 and August 18, 2009 - City Clerk - ITEM #3 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 9/15/09 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 Approved By: V City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE September 15, 2009 AGENDA ITEM NO. 4 (-ITEM TITLE Resolution of the City Council of National City awarding a Contract to Crest Equipment, Inc., in the amount of $188,750 and authorizing the Mayor to execute the contract for the construction of concrete improvements including curbs, gutters, sidewalks, driveways, and pedestrian ramps at various locations. (Funding will be through CDBG and Gas Tax). PREPARED BY Yolando Vitug DEPARTMENT Development Services/ EXT. 4414 Engineering Division See attached explanation Environmental Review: Financial Statement: x N/A MIS Approval, The total estimated amount for the work is $236,600. Funds are available in Account Nos. 109-409-500-598-6137 ($50,000), 301-409-500-598-6137 ($142,734.80), and 301-409-507-598-6090 ($150,000) STAFF RECOMMENDATION: Adopt the Reso ion BOARD 1 COMMISSION RECOM NDATION N/A ATTACHMENTS (Listed Below) Resolution No. 1.Resolution 2.Bid Opening information sheet 3.Bid Proposal spreadsheet for the three low bidders A-200 (9/80) ATTACHMENT 1 EXPLANATION: The project involves removal and replacement of existing curb and gutter (50-LF), sidewalk removal replacement (4000-SF), and installation of new concrete sidewalk (5000-SF), and pedestrian ramp (66-EA), including minor pavement repairs, at various locations in National City. On August 3 and 7, 2009, the project was advertised. On August 24,2009, fourteen bids were received and opened for the project. The lowest responsive bidder was Crest Equipment, Inc, with a proposed bid amount of $188,750. The bid opening information sheet and cost proposal spreadsheet for the three low bidders are attached for further review. Staff has reviewed the hid documents and found Crest Equipment, Inc._to be the qualified to perform the work. The total cost for the work is estimated at $ 236,600. This amount includes the proposed lowest bid amount ($188,750), approximately 5% ($ 11,000) for surveying, and approximately 15% ($ 35,000) for contingencies. The sources of funding for the project ,are the Community Development Block Grant and Gas Tax. RESOLUTION NO. 2009 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO CREST EQUIPMENT, INC., IN THE AMOUNT OF $188,750 FOR THE CONSTRUCTION OF CONCRETE IMPROVEMENTS INCLUDING CURBS, GUTTERS, SIDEWALKS, DRIVEWAYS, AND PEDESTRIAN RAMPS AT VARIOUS LOCATIONS, SPEC. NO. 09-05, AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT WHEREAS, the City Engineer of the City of National City did, in open session on August 24, 2009, publicly open, examine and declare all sealed bids for Spec. No. 09-05 for the Concrete Improvements at Various Locations in the City of National City Project, FY 09-10. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of National City hereby awards the contract for the Concrete Improvements at Various Locations Project in the City of National City to the lowest responsive bidder, to wit: CREST EQUIPMENT, INC. BE IT FURTHER RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute on behalf of the City a contract between Crest Equipment, Inc. and the City of National City in the amount of $188,750.00 for the Construction of Concrete Improvements at Various Locations in the City of National City Project, FY 09-10. Said contract is on file in the office of the City Clerk. PASSED and ADOPTED this 15th day of September, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Geuige-H. Eiser, 111 City Attorney CALIFORNIA NATIONAL Citif INCORYO$ATED BID OPENING SPECIFICATION NUMBER: 09-05 PROJECT TITLE: CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS FY 09-10 OPENING DATE: MONDAY, AUGUST 24, 2009 TIME: 4:OOPM ESTIMATE: $ 236,600.00 PROJECT ENGINEER: YOI.ANDO VITUG NO. BIDDER'S- NAME AND ADDRESS (PAGE 14-15) BID AMOUNT (PAGE 16) ADDENDA (PAGE 14) BID SECURITY (PAGE I9-CHECK (PAGE 20-BOND) 1. Crest Equipment, Incorporated 161 Scottford Drive El Cajon, CA 92021 $188,750 x x 2. Burtech Pipeline, Incorporated 102 Second Street Encinitas, CA 92024 $195,000 x x HTA Engineering & Const., Inc. 12520 Kirkham Ct. #8 Poway, CA 92064 $195,900 x x 4. MJC Construction 630 National City Blvd., National City $198,825 x x 5. New Century Construction, Inc. 9119 Emerald Grove Ave. Lakeside, CA 92040 $199,400 x x 6 Precision Excavation 12012 Winter Crest #1 10 Lakeside, ('A 92040 $200,000 x x 7. Tri-Group Construction 13939 Poway Road #10 Poway, CA 92064 $203.250 x x 8. Portillo Concrete, Inc. 3528 IIarris Street Lemon Grove, CA $211,400 x x 9. Koch Armstrong 15315 Olde Hwy 80. El Cajon, CA 92021 $218,465 x x Heffler Company $218,900 x x 10. 1800 McKinley Ave. , Suite A National City, CA 91950 11 Team C Construction $232,080 x x 1272 Greenfield Drive El Cajon, CA 12 Scheidel Contracting&Eng'glnc $240,545 x x P.O. Box 1796 La Mesa, CA 91944 13 HAR Construction, Inc. $257,252 x x 1480 Frontage Rd. Chula Vista, CA 91911 14 RMV Construction $314,300 x x 4079 Huerfano Ave.. Suite 118 San Diego, CA 92117 Con( iprovements at various locations in National City Spec. i... v9-05 ENGINES DEPARTMENT ProgrE No. _ 8/31/2009 Item QTY UNIT Item Description CREST EQUIPMENT, INC. BURTECH PIPELINE, INC. HTA ENGINEERING & CONST., INC. Unit Cost Total Cost Unit Cost Total Cost Unit Cost Total Cost 1 1 LS Clearing 8 Grubbing including the Storm $ 2,500.00 $ 2,500.00 $ 3,800.00 $ 3,800.00 $ 15,000.00 $ 15,000.00 Water Pollution Prevention $ - 2 4000 SF Conc. Sidewalk Remove&Replace per G-7 $ 7.10 $ 28,400.00 $ 6.50 5 26,000.00 $ 8.00 $ 32,000.00 3 37 EA Installation of Ped Ramp per G-28 (w/ G-30) $ 1,800.00 $ 66,600.00 $ 2.000.00 $ 74,000.00 $ 1,500.00 $ 55,500.00 4 29 EA Installation of Ped Ramp per G-29 (w/ G-30) $ 1,900.00 $ 55,100.00 $ 2,000.00 $ 58,000.00 $ 1,600.00 $ 46,400.00 5 50 LF Remove & Replace Curb & Gutter per G-2 5 24.00 $ 1,200.00 $ 25.00 $ 1,250.00 $ 50.00 $ 2,500.00 6 1 LS Traffic Control $ 5,000.00 $ 5,000.00 $ 2,300,00 $ 2,300.00 $ 3,000.00 $ 3,000,00 7 5000 SF Install New Sidewalk per G-7 $ 5.00 $ 25,000.00 $ 5.00 $ 25,000.00 $ 6.00 $ 30,000.00 8 20 TN Variable Thickness A.C. $ 20.00 $ 400.00 S 50.00 $ 1,000.00 $ 200.00 $ 4,000.00 9 500 SF Remove & Replace Exist. D'way per G•14 A-B $ 8.10 $ 4,050.00 $ 6.50 $ 3,250.00 $ 9.00 $ 4,500.00 10 20 TN R&R Unsuitable Sub -grade with CAB and Fabric $ 25.00 $ 500.00 $ 20.00 $ 400.00 $ 150.00 $ 3,000.00 Total $ 188,750.00 $ 195,000.00 $ 195,900.00 Prepared oy, City of National City, California COUNCIL AGENDA STATEMENT 5 EETING DATE September 15, 2009 AGENDA ITEM NO. ITEM TITLE Resolution of the City Council of the City of National City ratifying the acceptance of a� $40,000 grant from California Library Literacy Services to fund the Library's literacy programs for FY09-10. PREPARED BY M. Duong x5882 DEPARTMENT Library EXPLANATION This grant is awarded by the California Library Literacy Services (CLLS) as a baseline to provide for a minimum of staffing and services supporting the following programs: • Adult Literacy Service—$10,000 • English Language Literacy Intensive—$10,000 • Families for Literacy $10,000 • Mobile Library Literacy Services—$10,000 Environmental Review ✓ N/A Financial Statement Approved By: `yam" !` _ LU_" Finance Director Account No 320-31 335-3463 STAFF RECOMMENDATION Approval recommended. BOARD 1 COMMISSION RECOMMENDATION Approved by the Library Board of Trustees on September 9,2009 ATTACHMENTS ( Listed Below) Resolution No. Copy of Award Letter. RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RATIFYING THE ACCEPTANCE OF A $40,000 GRANT FROM CALIFORNIA LIBRARY LITERACY SERVICES TO FUND THE NATIONAL CITY PUBLIC LIBRARY'S LITERACY PROGRAMS FOR FY09-10 WHEREAS, the National City Public Library has accepted a $40,000 grant from the California State Library for the California Library Literacy Services (CLLS) program to support the following CLLS program components: • Adult Literacy Service — $10,000 • English Language Literacy Intensive — $10,000 • Families for Literacy — $10,000 • Mobile Library Literacy Services — $10,000 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of National City hereby ratifies acceptance of a $40,000 grant from the California State Library to fund the National City Public Library's California Library Literacy Services (CLLS) program. PASSED and ADOPTED this 15th day of September, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney August 17, 2009 Ms. Minh Duong, City Librarian National City Public Library 1401 National City Boulevard National City, CA 91950-4401 Dear Ms. Duong: We are pleased to inform you that your application has been approved and that your California Library Literacy Services (CLLS) program will receive a baseline amount for the 2009/10 fiscal year to support the following approved CLLS program component(s): • Adult Literacy Services - $10,000 • Families for Literacy - $10,000 • English Language & Literacy Intensive Services - $10,000 • Mobile Library Literacy Services - $10,000 This is the first part of your total allocation for the 2009/10 fiscal year, and you may claim this amount immediately by signing and mailing the attached claim form to the State Library's fiscal office. As you know, our CLLS funding formula consists of three parts which reflect our CLLS mission and values: • A baseline amount for each of your approved CLLS program components that reflects the importance of each library having enough funds to provide a minimum level of local literacy staffing and services. • A per capita amount per adult learner served in the previous year that reflects the fact that Adult Literacy Services are the heart of our service, and are the basis for all other literacy services. • A match on local funds raised and expended for adult literacy services reflecting a commitment to a continuing State/Local partnership, and to providing an incentive for increased local support for adult literacy. The remainder of your 2009/10 award will be determined by applying the other two parts of the formula — per capita and match. They will be determined using data from the 2008/09 fiscal year final reports submitted to the State Library in August 2009. PLEASE NOTE: Libraries not submitting the final reports by September 15 at the latest will be eligible to receive baseline amounts ONLY, and no match or per capita dollars. We will initiate the payment process upon receipt of your signed Claim Form (attached). You should receive a check for the above amount within six weeks of submitting your claim form. All of these funds must be expended or encumbered by June 30, 2010. 916.653.5217 phone 916.653 8443 fax www.library.ca.gov Library Development Services Bureau P. O. Box 942837 Sacramento, CA 94237-0001 900 N Street, 4'" Floor, Sacramento, CA 95814 National City Public Library Page 2 You will be asked to report electronically twice this fiscal year —once in February, and again in August, after the close of the fiscal year. Our staff will provide more details on this process. The following specific issues or observations are being made about your mid -year report and/or your application: • We are concerned about the sustainability of your Families for Literacy program with the minimal amount of staff and budget allocated. You indicate that one staff person will provide two hours per week and one AmeriCorps member with 10 hours per week for FFL. Please remember that the AmeriCorps position will be discontinued in mid -December. With these concerns in mind, we ask that you provide a detailed plan of service for continuing your FFL program and how you will staff this activity. In addition, please submit the job description fin- yourJirll time Literacy Coordinator position identified and described in your 2009/10 CLLS Application. Please submit this information to Jacquie Brinkley at jbrinkley@library.ca.gov by September 1. Should you have additional questions regarding the funding and/or reporting process, please contact: Jacquic Brinkley at (916) 651-0376 or jbrinkley(a library.ca.gov Carla Lehn at (916) 653-7743 or clehn cr7i library.ca.gov Linda Springer (916) 651-6509 or ]springer cblibrarv.ca.gov Cindy Tackett at (916) 653-7172 or ctackettlibrary.ca.gov Best wishes in implementing your important library literacy services. Yours truly, Stacey Aldrich, Acting State Librarian of California cc: Kris Jorgensen, Literacy Coordinator (kris Jorgensen@nationalcitylibrary.orgt) File Enc.: Claim Form 916.6535217 phone 916.653.8443 tax www.library.ea.gov Library Development Services Bureau P. 0 Box 942837 Sacramento, CA 94237-0001 900 N Street, 4th Floor, Sacramento, CA 95814 City of National City, California COUNCIL AGENDA STATEMENT 6 ETING DATE5 09-15-09 AGENDA ITEM NO. ITEM TITLE Resolution of the City Council of the City of National City Ratifying a Two Year Labor Agreement between the City and the National City Police Officers' Association. PREPA =Y DEPARTMENT (336-4308) an Resources Human Resources EXPLANATION The labor agreement between the City of National City and the National City Police Officers' Association (POA) expired July 31, 2009. Since April, 2009, City representatives and POA representatives have been meeting and conferring in good faith for the purpose of negotiating a new agreement. On September 2, 2009, the POA membership voted to accept the terms of the two year agreement, retroactive to July 1, 2009, as set forth by the negotiating teams. Pending ratification by the City Council, the 90 employees represented by POA shall receive both economic and non -economic enhancements. Most significantly, said represented employees shall: • Begin contributing 2% of the employee contribution to the retirement system (PERS) retroactive to July 1, 2009; • Move from a retirement benefit of 3%@50 to 3%@55 (for employees hired after ratification) • Receive a retention incentive bonus of $1500 in year one and $1,000 in year two of the agreement A complete summary of the agreements is attached. Environmental Review 1 NIA Financial Statement The estimated increase in the general fund expenditure for fiscal year 2009/2010 is $157,826. Account No. multiple STAFF RECOMMENDATION Approval of resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2. Summary of City of National City/POA 2009 Labor Agreement A-200 (9/80) Resolution No. RESOLUTION NO. 2009 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE 2009 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NATIONAL CITY AND THE NATIONAL CITY POLICE OFFICERS' ASSOCIATION WHEREAS, the City has met and conferred with representatives of the National City Police Officers' Association; and WHEREAS, said meet and confer was conducted pursuant to California Government Code Section 3500, et seq. NOW, THEREFORE, BE IT RESOLVED as follows: SECTION 1. The City Manager is hereby authorized to enter into the 2009 Memorandum of Understanding (°MOU") between the City of National City and the National City Police Officers' Association for the period of July 1, 2009 through June 30, 2011. SECTION 2. General Fund Appropriations are hereby increased by $157,826 for Fiscal Year 2009-2010. A copy of said 2009 Memorandum of Understanding shall be on file in the office of the City Clerk, and reference is made thereto for all particulars contained therein. PASSED and ADOPTED this 15th day of September, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Attachment ctt tFort;nlA -- INCORPORA'1El) ' ' CITY OF NATIONAL CITY NATIONAL CITY POLICE OFFICER'S ASSOCIATION (POA) 2009 LABOR AGREEMENT July 1, 2009 — June 30, 2011 (two years) MAJOR DEAL POINTS 1. Employees will begin contributing 2% of the PERS employee rate (City will continue to pay 7% and the entire PERS employer rate), on a pre-tax basis, effective the first full pay period in July 2009. 2. Sworn personnel hired after ratification shall receive the 3% at 55 retirement formula benefit, with the single highest 12-month benefit. 3. No increase for Senior Police Dispatcher and Animal Regulation Officer during the term of the MOU. 4. Maintain current salary calculation method for Police Officers, Sergeants and Lieutenants (half way between the 3rd and 4th rank of the other survey agencies), except: a. Survey the Police Officer classification, only as the benchmark class, applying the same pay differential to Sergeants and Lieutenants. b. Survey once per year instead of twice. c. Guarantee no salary decrease during the term of the MOU. 5. Add a provision under which FLSA overtime is governed by Section 207(k) of the Fair Labor Standards Act. 6. All employees will receive a $1,500 stipend the first full pay period following ratification and another $1,000 stipend in the first paycheck in July 2010. 7. Increase employee life insurance coverage from $40,000 to $50,000. 8. Amend holiday accrual for lateral hires to be based upon the total years of service of the last two employers. 9. Make the City's contribution to the retiree health care premium portable, allowing employees to apply contributions to plans other than those sponsored by the City. 10. Add a provision to pay for the actual travel time required to attend training outside of San Diego county in a manner that does not result in the accrual of overtime. 11. Add a provision limiting take home cars to detectives/investigators whose primary residence is in San Diego county, excepting employees assigned to the DEA taskforce. City of National City, California COUNCIL AGENDA STATEMENT ETING DATiept 15, 2009 7 AGENDA ITEM NO. ITEM TITLE Warrant Register #7 for the period of 08/12/09 through 08/18/09 in the Amount of $488,133.34 PREPARED BY D. Gallegos -Finance DEPARTMENT EXPLANATION Finan Jeanette :dri•o 619-336-43 1 Per Government Section Code 37208, attached are the warrants issued for the period of 08/12/09 through 08/18/09. EXT. The Finance Department has implemented a policy to provide explanation of all warrants Above $50,000.00 Vendor Check# Amount Explanation Public Emp Ret Sys 228695 284,597.08 PPE 08/10/09 J Environmental Review N/A MIS Approval Financial Statement Not applicable. Approved B ',/ Finance Director Account No. STAFF RECOMMENDATION Ratification of warrants in the amount of $488,133.34 BOARD / COMMISSION RECOMMENDATION 4TTACHMENTS ( Listed Below) Resolution No. 1. Warrant Register #7 A-200 (Rev. 7/03) PAYEE AMAZON.COM AT & T MOBILITY BAKER & TAYLOR BRODART CALIFORNIA LIBRARY ASSOC. CITY OF NATIONAL CITY INFORMATION PUBLICATIONS KELLEY BLUE BOOK LAKESHORE LEARNING MATERIALS MIDWEST TAPE NATIONAL ELEM SCHOOL DISTRICT OMNIGRAPHICS, INC. SIRSIDYNIX SMART & FINAL SPRINT STAPLES ADVANTAGE STERLING PUBLISHING CO., INC. )MSON WEST .POSTMASTER ADAMS AMERICORPS ALUMS AT POINTS BANSAL BURLEW CITY OF NATIONAL CITY CROSBY DABBAGH EMPIZO FLORINE GAUSEPOHL GUERRERO GUTIERREZ JONES KAUR LENHERT LITERACYWORKS MCCULLOUGH MEDINA-VILLA MUDGE NOVELLI RODRIGUEZ SANCHEZ SCOTT DER 2ATEGIC RESOURCE COMPANY/ WASHINGTON WEISS WICK WARRANT REGISTER # 7 8/18/2009 DESCRIPTION ADULT NON-FICTION BOOKS WINGS - CELL PHONE SERVICE ADULT, YOUNG ADULT/CHILDREN BK ADULT AND CHILDREN BOOKS CALIFORNIA LIBRARY ASSOCIATION OUT OF STATE SALES TAX BPO#72980 CA CITIES, TOWNS & COUNTIES REFERENCE BOOKS CRAFT MATERIAL FOR WOWMOBILE DVD'S FOR THE COLLECTION SUMMER READING PROGRAM FLYER. REFERENCE BOOKS SOFTWARE MAINTENANCE SUPPLIES FOR CAFE NIGHTS VIDEO CONFERENCING/LONG DISTANCE SUPPLIES GIVEAWAY BOOKS FOR WOWMOBILE BLACK'S LAW DICTIONARY 9TH EDITION POSTAGE AMERICORPS LSTA Y6 AMERICORPS ALUMS LAPEL PINS AMERICORPS LSTA Y6 AMERICORPS LSTA Y6 OUT OF STATE SALES TAX. AMERICORPS LSTA Y6 AMERICORPS LSTA Y6 AMERICORPS LSTA Y6 AMERICORPS LSTA Y6 AMERICORPS LSTA Y6 AC LSTA Y6 MILEAGE--JULY'09 AMERICORPS LSTA Y6 AMERICORPS LSTA Y6 AMERICORPS LSTA Y6 AMERICORPS LSTA Y6 AMERICORPS CNCS Y6 AMERICORPS LSTA Y6 AMERICORPS LSTA Y6 AMERICORPS LSTA Y6 AMERICORPS LSTA Y6 AMERICORPS LSTA Y6 AMERICORPS LSTA Y6 AMERICORPS LSTA Y6 AMERICORPS LSTA Y6 AMERICORPS LSTA Y6 MILEAGE JULY 2009 AMERICORPS LSTA Y6 AMERICORPS LSTA Y6 1/3 CHK NO DATE AMOUNT 228595 8/18/09 823.42 228596 8/18/09 152.85 228597 8/18/09 240.67 228598 8/18/09 3,002.29 228599 8/18/09 165.00 228600 8/18/09 7.85 228601 8/18/09 150.58 228602 8/18/09 162.95 228603 8/18/09 263.21 228604 8/18/09 305.74 228605 8/18/09 127.90 228606 8/18/09 59.70 228607 8/18/09 16,822.73 228608 8/18/09 81.44 228609 8/18/09 14.64 228610 8/18/09 176.30 228611 8/18/09 24.75 228612 8/18/09 82.32 228613 8/18/09 308.00 228614 8/18/09 49.25 228615 8/18/09 564.05 228616 8/18/09 33.55 228617 8/18/09 98.73 228618 8/18/09 55.00 228619 8/18/09 50.00 228620 8/18/09 71.66 228621 8/18/09 599.92 228622 8/18/09 86.57 228623 8/18/09 39.31 228624 8/18/09 220.01 228625 8/18/09 137.90 228626 8/18/09 20.00 228627 8/18/09 144.65 228628 8/18/09 32.29 228629 8/18/09 45,910.00 228630 8/18/09 239.33 228631 8/18/09 14.74 228632 8/18/09 226.38 228633 8/18/09 16.83 228634 8/18/09 9.30 228635 8/18/09 387.20 228636 8/18/09 304.15 228637 8/18/09 141.52 228638 8/18/09 1,079.36 228639 8/18/09 316.96 228640 8/18/09 25.34 228641 8/18/09 74.45 PAYEE WILDER WRIGHT GENESIS COATINGS, INC. INTERNATIONAL CODE COUNCIL INC SAN DIEGO PRETZEL CO. SIZZLER RESTAURANT #45 THE KARAOKE SPECIALIST ULTIMATE STAFFING SERVICES AFLAC ALL FRESH ARJIS BILLOSILLO BROADWAY AUTO ELECTRIC CALIFORNIA HIGHWAY ADOPTION CO CENTURY WHEEL & RIM CHEVRON & TEXACO BUSINESS CARD CITY OF CHULA VISTA CITY OF CHULA VISTA CITY OF NATIONAL CITY COUNTY OF SAN DIEGO D MAX ENGINEERING INC DELL MARKETING CORP ESGIL CORPORATION ESGIL CORPORATION EW TRUCK & EQUIPMENT CO. INC. EXPERIAN FERGUSON ENTERPRISES, INC FRANK TOYOTA G & A AUTO AIR CONDITIONING GEORGE'S LAWN EQUIPMENT CO HAMILTON MEATS & PROVISIONS HONEYWELL INC. HORIZON HEALTH EAP HYDRO-SCAPE PRODUCTS INC. INTERNATIONAL CODE COUNCIL INC IRON MOUNTAIN RECORDS JUDICATE WEST LOCAL GOVERNMT COMMISSION LYNETTE WILSON OR MADSEN MAINTEX, INC. MAN K-9 INC. MATTHEW BENDER & CO INC MCGUIRE DISTRIBUTION MISSION UNIFORM SERVICE NATIONAL CITY AUTO TRIM ORKIN PEST CONTROL WARRANT REGISTER # 7 8/18/2009 DESCRIPTION AC LSTA Y6 MILEAGE--JULY'09 AMERICORPS LSTA Y6 GRAFFITI MELT COATING INSPECTOR CERTIFICATION & MEMB ECONOMIC DEVELOPMENT LOAN ECONOMIC DEVELOPMENT LOAN ECONOMIC DEVELOPMENT LOAN NEIGHBORHOOD SVCS TEMP EMP AFLAC ACCOUNT BDM36 AUG 2009 FOOD/CONSUMABLES ARJIS COSTS, JPA COSTS, ARJIS REIMB-HEALTHY HOMES UNIT REPAIR FIRE EQUIPMENT REPAIRS PARADISE CREEK LITTER REMOVAL PARTS GAS ANIMAL SHELTER COSTS SAN DIEGO CONSORTIUM TRAINING PETTY CASH JULY 2009 RENEWAL- GEN HAZARDOUS MATERIALS DEPOSIT#1231 PARADISE MED CNTR MODULES FOR DATABASE UPGRADE CONSULTANT SERVICES FOR BLDG ESGIL INSPECTION LABOR/PARTS FOR AIR COMPRESSOR CREDIT CHECKS FOR NEW PD EMP SEWER PIPE & MATERIALS FOUR, 2009 TOYOTA PRIUS HYBRID COMPRESSOR, VACUUM RESRVOIR SAW BLADES, POLE SET MEAT PRODUCTS MECHANICAL MAINTENANCE FOR CITY WIDE EMP ASST PROGRAM AUG 2009 RB ROTOR PC/FC WITH SAM ICC MEMBERSHIP FOR BLDG OFFICIAL RECORDS MGMNT/DOCUMENT STORAGE LIABILITY CLAIM COSTS RENEWAL LOC GOV COMM ASSOC TOT REFUND FROM MAY - SEPT 08 POST-SUBSISTENCE/MILEAGE MISC JANITORIAL SUPPLIES MAINTENANCE TRAINING - JULY 2009 TECH PERSONNEL SERVICES MILK PRODUCTS LAUNDRY SERVICES R&M CITY VEHICLES PEST MAINTENANCE 2/3 -. CHK NO DATE AMOUNT 228642 8/18/09 86.83 228643 8/18/09 32.67 228644 8/18/09 363.33 228645 8/18/09 105.00 228646 8/18/09 15,000.00 228647 8/18/09 3,378.00 228648 8/18/09 8,000.00 228649 8/18/09 2,017.40 228650 8/18/09 1,543.64 228651 8/18/09 3,754.69 228652 8/18/09 23.75 228653 8/18/09 941.00 228654 8/18/09 429.56 228655 8/18/09 960.00 228656 8/18/09 133.01 228657 8/18/09 177.26 228658 8/18/09 8,418.51 228659 8/18/09 2,225.01 228660 8/18/09 240.3 228661 8/18/09 1,550.00 228662 8/18/09 1,002.78 228663 8/18/09 1,225 78 228664 8/18/09 15,615.75 228665 8/18/09 1,500.67 228666 8/18/09 2,381.69 228667 8/18/09 27.48 228668 8/18/09 200.96 228669 8/18/09 1,411.88 228670 8/18/09 619.52 228671 8/18/09 297.59 228672 8/18/09 778.55 228673 8/18/09 384.94 228674 8/18/09 866.36 228675 8/18/09 745.33 228676 8/18/09 35.00 228677 8/18/09 125.00 228678 8/18/09 2,900.00 228679 8/18/09 75.00 228680 8/18/09 600.72 228681 8/18/09 67122 228682 8/18/09 1,178.37 228683 8/18/09 800.00 228684 8/18/09 211.5 228685 8/18/09 296.3.. 228686 8/18/09 61.66 228687 8/18/09 131.34 228688 8/18/09 120.00 PAYEE PACIFIC AUTO REPAIR PERRY FORD POWERSTRIDE BATTERY CO INC PRO BUILD PRO -EDGE KNIFE PRUDENTIAL OVERALL SUPPLY PUBLIC EMP RETIREMENT SYSTEM QUAL CHEM CORP. RECREATION SUPPLY COMPANY RON BAKER CHEVROLET SAN DIEGO PET & LAB SUPPLY SD COUNTY MOTOR OFFICERS ASSOC SMART & FINAL STAPLES ADVANTAGE STRATACOM SUMMIT SUPPLY SYSCO SAN DIEGO & SIGNS LIGHTHOUSE, INC. TOPECO PRODUCTS U S HEALTHWORKS VALLEY INDUSTRIAL SPECIALTIES WEST GOVERNMENT SERVICES WILLY'S ELECTRONIC SUPPLY SECTION 8 HAPS PAYMENTS (^�._._' `- {NC.UR�ORl4�E WARRANT REGISTER # 7 8/18/2009 DESCRIPTION AUTOMOBILE REPAIRS LABOR/AUTO PARTS AUTO PARTS BUILDING MATERIALS SHARPENING SERVICE LAUNDRY SERVICE SERVICE PERIOD 08-09-3 SEWER ENYMES, LINE MAINTAINER STAINLESS STEEL STORAGE REEL LABOR - SENSOR ASSEMBLY PD DOG FOOD NC K9 REGISTRATION COSTS MISC SUPPLIES COPY PAPER BUDGET BOOKS FOR FY09/10 PLAYGROUND EQUIPMENT FOOD SHIRTS MATERIALS & SUPPLIES SHOP SUPPLIES PRE EMP PHYSICAL - PD PLUMBING MATERIALS CHOICEPOINT/CLEAR INVESTIGATIVE MATERIALS & SUPPLIES Start Date End Date 8/12/2009 8/18/2009 3/3 CHK NO DATE AMOUNT 228689 8/18/09 590.44 228690 8/18/09 2,534.72 228691 8/18/09 184.28 228692 8/18/09 2,642.24 228693 8/18/09 45.00 228694 8/18/09 423.99 228695 8/18/09 284,597.08 228696 8/18/09 825.08 228697 8/18/09 2,358.08 228698 8/18/09 743.04 228699 8/18/09 213.74 228700 8/18/09 260.00 228701 8/18/09 309.21 228702 8/18/09 2,520.61 228703 8/18/09 2,931.44 228704 8/18/09 351.00 228705 8/18/09 4,041.27 228706 8/18/09 508.15 228707 8/18/09 104.55 228708 8/18/09 124.99 228709 8/18/09 185.00 228710 8/18/09 311.81 228711 8/18/09 200.00 228712 8/18/09 198.67 AJP Total 464,771.03 23,362.31 GRAND TOTAL $ 488,133.34 Warrant Register #7 8/18/2009 001 GENERAL FUND 104 LIBRARY FUND 105 PARKS MAINTENANCE FUND 108 LIBRARY CAPITAL OUTLAY 111 P.O.S.T. FUND 120 PLAN CHECKING REVOLVING FUND 125 SEWER SERVICE FUND 166 NUTRITION 171 LIBRARY SCHOOL DISTRICT CNTRCT 246 WINGS GRANT 277 NC PUBLIC LIBRARY DONATIONS FUND 294 HUD HEALTHY HOMES GRANT 320 LIBRARY GRANTS 502 SECTION 8 FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 626 FACILITIES MAINT FUND 627 LIABILITY INS. FUND 628 GENERAL SERVICES FUND 629 INFORMATION SYSTEMS MAINTENANC 632 GENERAL ACCOUNTING SERVICES 643 MOTOR VEHICLE SVC FUND 644 EQUIPMENT REPLACEMENT RESERVE 726 ENGINEERING/PUBLIC WORKS T & A DEPOSITS 731 CONSTRUCTION AND DEMOLITION DEBRIS 315,141.14 17,303.82 1,762.10 3,130.19 671.22 6,817.75 2,460.53 8,977.47 1,822.73 134.69 81.44 941.00 51, 510.01 23,362.31 28,758.73 105.00 3,755.06 2,900.00 2,185.56 1,359.24 2,804.12 8,233.90 1,411.88 1,002.78 1,500.67 488,133.34 City of National City, California COUNCIL AGENDA STATEMENT ETING DATiept 15, 2009 AGENDA ITEM NO. 8 ITEM TITLE Warrant Register #8 for the period of 08/19/09 through 08/25/09 in the Amount of $2,801,086.03 PREPARED BY D. Gallegos -Finance DEPARTMENT EXPLANATION Finance Jeanette Lad ido 619-336-4331 Per Government Section Code 37208, attached are the warrants issued for the period of 08/19/09 through 08/25/09. EXT. The Finance Department has implemented a policy to provide explanation of all warrants Above $50,000.00 Vendor Check# Amount Explanation SD Habitat for Humanity 228730 74,788.00 Reimb Project Drawdown Rqst City of San Diego 228754 1,256,612.00 Sewer Transportation Charges Sandpipa 228811 110,415.00 WC Claim Costs Payroll & Special Payroll Various 1,049,387.39 PPE 08/19/09 J Environmental Review N/A MIS Approval Financial Statement Not applicable. Approved By: Finance Director Account No.. STAFF RECOMMENDATION Ratification of warrants in the amount of $2,801,086.03 BOARD / COMMISSION RECOMMENDATION TTACHMENTS ( Listed Below) Resolution No. 1. Warrant Register#8 A-200 (Rev. 7/03) PAYEE AT & T MOBILITY CITY OF CHULA VISTA SDG&E SWEETWATER AUTHORITY SWEETWATER AUTHORITY BEARD CHRISTENSEN & SPATH LLP CHRISTMAS IN JULY ESSENTIA MANAGEMENT FEDEX HARRIS & ASSOCIATES ICF JONES & STOKES OPPER & VARCO PRO BUILD PRUDENTIAL OVERALL SUPPLY PRUDENTIAL OVERALL SUPPLY SAN DIEGO DAILY TRANSCRIPT cAN DIEGO HABITAT FOR HUMANITY I DIEGO TROLLEY INC .. ,PLES ADVANTAGE ULTIMATE STAFFING SERVICES VISTA PAINT WESTFLEX INDUSTRIAL ACEDO AIRGAS WEST ALL FRESH PRODUCTS ALLEN AMERICAN ROTARY BROOM CO., INC ARANA AT & T MOBILITY AT&T/MCI AT&T/MCI AT&T/MCI BECERRA BIANES FAMILY TRUST BOYD C W REED JR CALIFORNIA BAKING CO. CALIFORNIA ELECTRIC SUPPLY CARQUEST AUTO PARTS CHRISTMAS IN JULY CITY OF SAN DIEGO —AN HARBORS JDON .,uUNTY OF SAN DIEGO COX COMMUNICATIONS DAVIES DEFRATIS DEPT. OF INDUSTRIAL RELATIONS WARRANT REGISTER # 8 8/25/2009 DESCRIPTION WIRELESS FOR PD 07106-08/05/09 MARCH 2009 SERVICES FACILITIES DIVISION GAS & ELECTRIC FACILITIES DIVISION PARKS DIVISION REIMB-CA FISH & GAME MEETING LEGAL SERVICES REIMB - NC YOUTH ENHANCEMENT BROWNFIELD GRANT PROGRAM MAIL COURIER AQUATIC CENTER WESTSIDE SPECIFIC PLAN EIR HARBOR DISTRICT/ACE METALS MATERIALS - CD UNIFORMS - CD UNIFORMS - CD ADVERTISING - MARINA GATEWAY REIMB PROJECT DRAWDOWN RQST FLAGGING SERVICE OFFICE SUPPLIES - S8 TEMP EMP - NEIGHBORHOOD PAINTING SUPPLIES - CD PAINTING SUPPLIES - CD RETIREE HEALTH BENEFITS SEP 2009 BALLOON HELIUM CONSUMABLES/FOOD RETIREE HEALTH BENEFITS SEP 2009 SWEEPER REPAIRS REIMB HEALTHY HOMES UNIT REPAIRS WIRELESS CIRCUIT FOR PD TELECOMMUNICATIONS SERVICE PHONE XXX-0986 08/07-09/06/09 PHONE XXX-7549 JUL 09 REIMB HEALTHY HOMES UNIT REPAIRS REIMB HEALTHY HOMES-1443 E 18TH ST RETIREE HEALTH BENEFITS SEP 2009 RETIREMENT 2000964-S90 SEP 2009 BREAD PRODUCTS ELECTRICAL MATERIALS AUTO PARTS REIMB PROJECT CITY CLEAN UP TRANSPORTATION/TREATMENT HAZARDOUS WASTE PICKUP RETIREE HEALTH BENEFITS SEP 2009 SD SHARE OF PC REVENUE - JUL 09 HIGH SPEED 60MB DATA CIRCUIT EDUC REIMBURSEMENT RETIREE HEALTH BENEFITS SEP 2009 INSPECTION CONDUCTED/ANNUAL AUDIT 1/3 CHK NO DATE AMOUNT 228713 8/20/09 6,469.31 228714 8/20/09 11,904.50 228715 8/20/09 124.84 228716 8/20/09 34,854.34 228717 8/20/09 60.90 228718 8/25/09 38.50 228719 8/25/09 132.65 228720 8/25/09 10,011.00 228721 8/25/09 34,713.33 228722 8/25/09 22.50 228723 8/25/09 225.00 228724 8/25/09 7,316.75 228725 8/25/09 178.50 228726 8/25/09 76.73 228727 8/25/09 13.34 228728 8/25/09 53.36 228729 8/25/09 775.00 228730 8/25/09 74,788.00 228731 8/25/09 206.38 228732 8/25/09 119.04 228733 8/25/09 1,960.30 228734 8/25/09 884.90 228735 8/25/09 398.27 228736 8/25/09 160.00 228737 8/25/09 23.76 228738 8/25/09 3,492.64 228739 8/25/09 125.00 228740 8/25/09 1,425.06 228741 8/25/09 1,541.00 228742 8/25/09 296.80 228743 8/25/09 6,753.76 228744 8/25/09 5,126.95 228745 8/25/09 862.98 228746 8/25/09 301.00 228747 8/25/09 9,846.00 228748 8/25/09 145.00 228749 8/25/09 1,123.93 228750 8/25/09 540.00 228751 8/25/09 487.20 228752 8/25/09 145.12 228753 8/25/09 34,405.00 228754 8/25/09 1,256,612.00 228755 8/25/09 316.70 228756 8/25/09 280.00 228757 8/25/09 9,007.00 228758 8/25/09 7,200.00 228759 8/25/09 322.81 228760 8/25/09 120.00 228761 8/25/09 125.00 PAYEE DICERCHIO DREDGE DREW FORD EWERT, PHILLIP FEDEX FERGUSON ENTERPRISES, INC GEOHYDROLOGIC CONSULTANT INC GRAINGER GRANICUS INC. GTC SYSTEMS INC HAMILTON MEATS & PROVISIONS HANSON HARRIS & ASSOCIATES HD SUPPLY HOLLOWAY HYDRO-SCAPE PRODUCTS INC. JAMES KIMBLE KOLANDA LASER SAVER INC LOPEZ MALLORY FIRE MANPOWER OF SAN DIEGO MATIENZO MCCABE MCGUIRE DISTRIBUTION MISSION UNIFORM SERVICE MORE DIRECT MURRAY MYERS NAPA AUTO PARTS NEXUS IS, INC. NOSAL, WILLIAMA. OLIVER PRODUCTS COMPANY OLSON ONE SOURCE DISTRIBUTORS PADRE JANITORIAL SUPPLIES INC PAULEY EQUIPMENT COMPANY PAUU PERRY FORD POST POTTER POWERSTRIDE BATTERY CO INC PRECISION ARMS PRUDENTIAL OVERALL SUPPLY RAY REGIONAL COMMUNICATIONS SYSTEM RUIZ SAN DIEGO DAILY TRANSCRIPT INCURPOR&Ty° WARRANT REGISTER # 8 8/25/2009 DESCRIPTION RETIREE HEALTH BENEFITS SEP 2009 RETIREE HEALTH BENEFITS SEP 2009 AUTO PARTS RETIREE HEALTH BENEFITS SEP 2009 FEDEX SHIPMENT PLUMBING MATERIALS DUCK POND WELL REPLACEMENT BUILDING MATERIALS WEBCAST/LIVECAST MANAGED NETWORK ENGINEERING HOURS MEAT PRODUCTS RETIREE HEALTH BENEFITS SEP 2009 JUL 09 SVCS FOR T AVE PROJECT PLUMBING MATERIAL RETIREE HEALTH BENEFITS SEP 2009 VALVES & FITTINGS RETIREE HEALTH BENEFITS SEP 2009 RETIREE HEALTH BENEFITS SEP 2009 RETIREE HEALTH BENEFITS SEP 2009 PRINTER MAINTENANCE/REPAIR SVC TRANSLATION SVCS AUG 4, 09 STREAMLIGHT SURVIVOR FLASHLIGHTS WEEK ENDING 08/09/2009 SERVICES RETIREE HEALTH BENEFITS SEP 2009 RETIREE HEALTH BENEFITS SEP 2009 MILK PRODUCTS LINEN SUPPLIES EQUIP/SUPPLIES - AFTER SCHOOL PROG RETIREE HEALTH BENEFITS SEP 2009 RETIREE HEALTH BENEFITS SEP 2009 AUTO PARTS PHONE SYS ADD MOVES CHANGES RETIREE HEALTH BENEFITS SEP 2009 HOME DELIVERY TRAYS REIMB-ENFORCEMENT SOURCE GUIDE ELECTRICAL MATERIALS JANITORIAL SUPPLIES KUBOTA E1133 SUN CANOPY RETIREE HEALTH BENEFITS SEP 2009 R&M AUTOMOBILE - CITY FLEET RETIREE HEALTH BENEFITS SEP 2009 RETIREE HEALTH BENEFITS SEP 2009 AUTO PARTS NIGHT FORCE LAUNDRY SERVICE RETIREE HEALTH BENEFITS SEP 2009 SERVICES FOR JULY 09 RETIREE HEALTH BENEFITS SEP 2009 ADVERTISING SPEC 09-5 2/3 CI-IK NO DATE AMOUNT 228762 8/25/09 70.00 228763 8/25/09 250.00 228764 8/25/09 32.92 228765 8/25/09 160.00 228766 8/25/09 48.59 228767 8/25/09 381.87 228768 8/25/09 1,149.50 228769 8/25/09 557.47 228770 8/25/09 1,477.35 228771 8/25/09 2,535.00 228772 8/25/09 1,939.13 228773 8/25/09 135.00 228774 8/25/09 12,412.50 228775 8/25/09 385.20 228776 8/25/09 150.00 228777 8/25/09 284.27 228778 8/25/09 140.00 228779 8/25/09 300.01 228780 8/25/09 135.01 228781 8/25/09 787.52 228782 8/25/09 140.00 228783 8/25/09 701.27 228784 8/25/09 806.40 228785 8/25/09 100.00 228786 8/25/09 280.00 228787 8/25/09 601.35 228788 8/25/09 123.32 228789 8/25/09 1,349.93 228790 8/25/09 150.00 228791 8/25/09 140.00 228792 8/25/09 651.95 228793 8/25/09 904.00 228794 8/25/09 1,065.60 228795 8/25/09 1,672.00 228796 8/25/09 51.44 228797 8/25/09 95.43 228798 8/25/09 551.30 228799 8/25/09 460.95 228800 8/25/09 340.00 228801 8/25/09 625.91 228802 8/25/09 280.00 228803 8/25/09 150.00 228804 8/25/09 63.61 228805 8/25/09 10,816.Z 228806 8/25/09 216.50 228807 8/25/09 190.00 228808 8/25/09 9,010.00 228809 8/25/09 310.00 228810 8/25/09 564.20 PAYEE SANDPIPA SHORT, CRAIG SOUTHERN CALIF TRUCK STOP SPARKLETTS WATER SPECIALTY TIRES STAPLES ADVANTAGE SUMMIT SUPPLY SYSCO SAN DIEGO TARULLI TIRE SAN DIEGO INC THE LIGHTHOUSE, INC. TURNER'S PORTABLE WELDING U S HEALTHWORKS UNITED PARCEL SERVICE WESTFIELD SHOPPING TOWN WHITE WHITE ZIETLOW, DAVID —IELINE BUILDERS PAYROLL Pay period 17 Special Payroll Special Payroll Start Date 7/28/2009 8/20/2009 8/20/2009 WARRANT REGISTER # 8 8/25/2009 DESCRIPTION WC CLAIM COSTS RETIREE HEALTH BENEFITS SEP 2009 GAS DRINKING WATER TIRE, TURF 4 PLY OFFICE SUPPLIES AIRCRAFT CABLES FOOD/CONSUMABLES TIRES AUTO PARTS WELD REPAIR POCKETS IN TRUCK MEDICAL SERVICES UPS SHIPMENT STUDENTS GIFT CERTIFICATES REIMB FOR FAMILIES CONFERENCE REIMB FOR DOM VIOLENCE CONE RETIREE HEALTH BENEFITS SEP 2009 CASA FAMILIAR-1111 D AVE/1101-1109 E AV End Date 8/10/2009 8/20/2009 8/20/2009 Check Date 8/19/2009 8/20/2009 8/20/2009 3/3 CHK NO DATE AMOUNT 228811 8/25/09 110,415.00 228812 8/25/09 300.00 228813 8/25/09 78.89 228814 8/25/09 6.76 228815 8/25/09 66.73 228816 8/25/09 289.11 228817 8/25/09 462.00 228818 8/25/09 3,629.64 228819 8/25/09 280.00 228820 8/25/09 34.17 228821 8/25/09 316.83 228822 8/25/09 55.00 228823 8/25/09 69.00 228824 8/25/09 500.00 228825 8/25/09 241.55 228826 8/25/09 180.02 228827 8/25/09 150.00 228828 8/25/09 52,769.04 AIP Total 1,751,698.64 1,033,668.93 13,806.68 1,911.78 GRAND TOTAL $ 2,801,086.03 ;11TCUR'URl Warrant Register # 8 8/25/2009 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 159 GENERAL PLAN UPDATE RESERVE 166 NUTRITION 172 TRASH RATE STABILIZATION FUND 173 NATIONAL SCHOOL DIST CONTRACT 174 SWEETWATER SCHOOL DIST CONTRAC 190 30TH STREET CLEANUP FUND - 1303 191 STOP PROJECT 211 SECURITY AND ALARM REGULATION FUND 212 PERSONNEL COMPENSATION FUND 246 WINGS GRANT 275 EASY VOTER GUIDE GRANT 290 POLICE DEPT GRANTS 294 HUD HEALTHY HOMES GRANT 301 GRANT-C.D.B.G. 307 PROPOSITION A" FUND 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 630 OFFICE EQUIPMENT DEPRECIATION 631 TELECOMMUNICATIONS REVOLVING 632 GENERAL ACCOUNTING SERVICES 643 MOTOR VEHICLE SVC FUND 776,932.61 30,639.48 24,302.05 1,310.15 1,274, 515.34 3,254.44 1,738.90 2,767.73 1,345.44 24,956.03 2,028.56 1,265.90 5,884.10 1,149.50 1,747.43 1,148.23 36,844.12 3,957.39 297.87 7,483.05 12,642.65 36,647.01 21,408.48 5,852.76 400.00 20,875.16 75,347.26 10,011.00 112,707.79 54, 382.63 53, 942.13 114,218.50 2,984.27 11,765.96 4,424.85 29,077.72 17, 072.33 13,757.21 2,801,086.03 City of National City, California CITY COUNCIL AGENDA STATEMENT 9 IEETING DATE September 15, 2009 AGENDA ITEM NO. ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING SECTIONS 3, 4, AND 5 OF ORDINANCE NO. 1619, SECTION 5 OF ORDINANCE NO. 1829, AND SECTION 5 OF ORDINANCE NO. 91-2012, PERTAINING TO THE COMMITTEE FOR HOUSING AND COMMUNITY DEVELOPMENT PREPARED BY George H. Eiser, 11104 DEPARTMENT (Ext. 4221) City Attorney EXPLANATION At the June 16, 2009 City Council meeting, the City Council considered a report pertaining to the Advisory and Appeals Board and the Housing and Community Development Committee. The agenda material for that meeting are attached. At the conclusion of the discussion regarding the Housing and Community Development Committee (the "Committee"), the City Council directed the City Attorney to prepare an ordinance providing that the Planning Commission (the "Commission") shall act as the Committee; that two additional members who are tenants of the Housing Authority, one of whom is over 62 years of age, shall be appointed to the Commission; that those appointees shall meet and deliberate with the Commission only when the Commission is considering those matters that are included within the functions and duties of the Committee; and that the duties of the Committee shall remain the same. In addition to the above provisions, the proposed ordinance would provide that the two ex officio members would receive no compensation, but would be eligible for reimbursement for expenses incurred in the performance of official duties, and would require them to disclose any reportable financial interests K..._as members of the Housing and Community Development Committee under the City's Conflict of Interest \\Code. Environmental Review NI N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Introduce Ordinance. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Agenda materials from June 16, 2009 City Coucil meeting LOrdinance A-200 (9/99) ORDINANCE NO. 2009 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING SECTIONS 3, 4, AND 5 OF ORDINANCE NO. 1619, SECTION 5 OF ORDINANCE NO. 1829, AND SECTION 5 OF ORDINANCE NO. 91-2012, PERTAINING TO THE COMMITTEE FOR HOUSING AND COMMUNITY DEVELOPMENT BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. That Section 3 of Ordinance No. 1619 is amended to read as follows: Section 3: There is hereby established, pursuant to the provisions of the U.S. Housing and Community Development Act of 1974, as amended, and pursuant to Sections 34120(c) and 34120.5(a) and (b) of the California Community Redevelopment Law, hereinafter called "the Law", a Committee for Housing and Community Development ("the Committee"). The purpose and functions of the Committee shall be implemented by the Planning Commission acting as the Committee, and all references to the Committee shall be considered as referring to the Planning Commission. Section 2. Section 4: The purpose of said Committee shall be to encourage communication from persons, organizations and institutions in the City of National City and to give advice and make recommendations to the Community Development Commission of the City of National City or to the projects, programs and policies including the following: (a) The Community Development Block Grant Program pursuant to the U.S. Housing and Community Development Act of 1974, as amended. (b) The HOME Investment Partnerships (HOME) Program created by the National Affordable Housing Act of 1990, as amended. (c) The Housing and Urban Development Section 8 Housing Assistant Payments Program for existing housing and for new construction. (d) Housing improvement, housing assistance and neighborhood improvement projects, programs and policies in connection with Federal and State laws relating to housing and neighborhood improvement. The Committee shall, after its establishment, limit its review and recommendation to those matters set forth in this Section 4 through its By -Laws. Section 3. That Section 5 of Ordinance No. 1619, Section 5 of Ordinance No. 1829, and Section 5 of Ordinance No. 91-2012 are amended to read as follows: Ordinance No. 2009 — Page 2 of 2 Section 5. (a) The Committee shall be comprised of the seven (7) members of the Planning Commission (the "Commission"), who shall sit as the Board of the Committee when the Commission is acting in the capacity and carrying out the functions of the Committee. In addition, the City Council shall appoint two (2) ex officio members to four year terms, who shall be tenants of the Community Development Commission ("CDC"), and one (1) of whom shall be over 62 years of age. Said ex officio members shall sit with the seven (7) members of the Planning Commission on such occasions as the Commission is acting in the capacity and carrying out the functions of the Committee. Said ex officio members shall serve at the pleasure of the City Council. (b) The Commission, when acting in the capacity and carrying out the functions of the Committee, shall utilize a Committee agenda, which shall be separate and distinct from the Commission agenda. Except for special meetings of either body, meetings of the Commission and the Committee shall be scheduled for the same date and time, unless it is impracticable to do so, with the meeting of one body to be held consecutively after the other. (c) The Chairperson and Vice -Chairperson of the Planning Commission shall also be the Chairperson and Vice -Chairperson of the Committee. The two ex officio members shall not receive compensation, but shall be eligible for reimbursement of expenses incurred in the performance of official duties. The two ex officio members shall disclose reportable financial interests as members of the Housing and Community Development Committee pursuant to the City's Conflict of Interest Code. PASSED and ADOPTED this day of 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California CITY COUNCIL AGENDA STATEMENT ...EETING DATE June 16, 2009 AGENDA ITEM NO. ITEM "TITLE REPORT ON HOUSING AND COMMUNITY DEVELOPMENT COMMITTEE AND ADVISORY AND APPEALS BOARD PREPARED BY George H. Eiser, 111,4 DEPARTMENT City Attorney (Ext. 4221) EXPLANATION Please see attached memorandum. Environmental Review Al NIA Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Provide direction to staff. BOARD 1 COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Memorandum • A-200 (9/99) Mayor Ron Morrison Council Members Frank Parra Alejandra Sotelo-Solis Jess Van Deventer • Rosalie Zarate v Office of the City Attorney City Attorney George H. Eiser, III Senior Assistant City Attorney Claudia Gacitua Silva Senior Assistant City Attorney Jodi L. Doucette Risk Manager Ashley h. Fenton TO: Mayor and City Council DATE: June 2, 2009 FROM: City Attorney SUBJECT: Report on Housing and Community Development Committee; Advisory and Appeals Board Introduction In a recent memorandum to the City Manager, a copy of which is attached, the City Clerk reported that the Housing and Community Development Committee and the Advisory and Appeals Board commonly experience a lack of a quorum, no items of business, and often have vacancies in their membership. Because these bodies are virtually non- functioning, the City Clerk in his memorandum suggests that it may be appropriate to question the need for their continued existence. To assist in an analysis of this issue, this report examines the basis for establishment of and the functioning of the Housing and Community Development Committee, and the Advisory and Appeals Board. HOUSING AND COMMUNITY DEVELOPMENT COMMITTEE Background Section 34120 of the California Health and Safety Code, part of the Community Redevelopment Law, requires the City Council, in cases where it has declared itself to be the board of the Community Development Commission (which the National City City Council has), to appoint two additional CDC board members who are tenants of the housing authority if the housing authority has tenants, one of which tenants shall be over 62 years of age if the housing authority has tenants of that age. If the housing authority has no tenants, the Council shall adopt an ordinance providing for the appointment of tenants within one year of the housing authority first having tenants. Section 34120 further provides that as an alternative to appointing tenants of the housing authority as two additional members of the CDC board, the CDC may create a community development committee to which the two tenant appointments may be made. In 1978, the City Council adopted Ordinance No. 1619 creating such a committee, which was named the Housing and Community Development Committee (the "Committee"). 1243 National City Boulevard; National City, California 91950-4301 Tel.: (619) 336.4220 Fax: (619) 336.4327 Section 34120.5 of the Health and Safety Code requires that the Housing and Community Development Committee consist of no more than seven members, or no more than nine members if some of the members are tenants of the housing authority. Section 34120.5 further requires that if a committee is created, its function shall be to review and make recommendations on all matters to come before the CDC prior to CDC Board action, except emergency matters, and matters that the committee, by resolution, excludes from committee review and recommendation. The City Council may provide for procedures for review and recommendation, and for further functions of the committee, and may delegate any of its functions as the CDC to the committee. As mentioned above, the City Council adopted Ordinance No. 1619 in 1978, establishing the Housing and Community Development Committee. Section 4 of the Ordinance states that: . . . the purpose of said Committee shall be to encourage communication from persons, organizations and institutions in the City of National City and to give advice and make recommendations to the Community Development Commission of the City of National City or to the City Council of the City of National City in connection with housing projects, programs and policies, including the following: a) The Community Development Block Grant Program pursuant to the U.S. Housing and Community Development Act of 1974, as amended. b) The Housing and Urban Development Section 312 Rehabilitation Loan Program within the adopted Housing Assistance Area, as amended. c) The Housing and Urban Development Section 8 Housing Assistance Payments Program for existing housing and for new construction including 300 units for handicapped and elderly persons. d) The relocation of families and individuals displaced from their residences by the projects and programs of the Community Development Commission. e) The housing and neighborhood improvement aspects of the proposed Amendment No. 1, Center City Redevelopment Project. f) Other housing improvements, housing assistance and neighborhood improvement projects, programs and policies in connection with Federal and State laws relating to housing and neighborhood improvement. 2 With respect to the Committees' duties, the Ordinance provides that the Committee shall limit its review and recommendation to the matters set forth above, through the adoption of its by-laws. The composition of the Committee is set forth at Section 5 of the Ordinance which provides, in relevant part, that the Committee: ... shall consist of nine members who shall be appointed by and serve at the pleasure of the Mayor with the concurrence of the City Council. Members of the Committee shall be residents of the City of National City and shall serve for two year terms. Membership shall be as follows: (a) Two members shall be tenants of the Community Development Commission in its capacity as Housing Authority and one of the two tenants shall be over 62 years of age. (b) Seven members shall be appointed in partial fulfillment of the requirements for Citizen Participation in the U.S. Housing and Community Development Act of 1974 as amended by the U.S. Housing and Community Development Act of 1977 and to fulfill the requirements of Sections 33385 through 33388 of the Law entitled "Project Area Committee". (1) Not less than one member shall be an owner occupant within a redevelopment project in which a substantial number of low or moderate income families are to be displaced from their homes. (2) Not less than one member shall be a tenant in a redevelopment project in which such substantial displacement is to occur. (3) Not less than one member shall be in business within a redevelopment projects. (4) Not less than one member shall represent an existing organization or institution within a redevelopment project in which such substantial displacement is to occur. (5) Committee members shall b.e appointed to best reflect the interests of persons, groups, businesses and institutions affected by the Projects and Programs of the Community Development Commission, as they may vary from time to time. 3 (c) The Chairperson and the Vice Chairperson of the Committee shall be appointed in January of each year for one year terms by the Mayor with the concurrence of the City Council. The Secretary of the Commission shall be elected in January of each year by the Committee and shall serve for a one year term. Discussion Under the Community Redevelopment Law, when the City Council appoints itself as the Community Development Commission, the Council has two options: (1) appointment to the CDC Board of two additional members who are tenants of the housing authority, or (2) creation of a Housing and Community Development Committee to which the two tenant members may be appointed. The City Council chose the second option in 1978, with the adoption of Ordinance No. 1619. Because of the difficulties encountered in the proper functioning of the Committee, including problems in convening a quorum, the City Council may wish to consider another approach in complying with the mandate of the Community Redevelopment Law. For example, the Council could enact an ordinance providing that the Planning Commission, which consists of seven members, would perform the functions and duties of the Committee, at such times as Committee business must be conducted. These functions and duties could be those that the Committee is currently assigned, or they could be expanded, modified, or reduced. With respect to the requirement that two housing authority tenants be members of the Committee, the Council could include two such members among its appointments to the seven -member Planning Commission, or alternatively, appoint the tenant members as two additional members of the Commission, toact as part of the Commission solely when there is Committee business to be conducted. Of course, the City Council always has the option of maintaining the status quo, which would currently require the filling of at least three vacancies, including the two housing authority tenant members. Even in selecting this option, the Council could act to reduce the number of members on the Commission, change the composition of the Commission (although appointment of two tenant members is mandatory in any event), and revise the Commission's duties. ADVISORY AND APPEALS BOARD Background The Advisory and Appeals Board (the "Board")was first established by the City Council in 1972, pursuant to Ordinance No. 1324, and assumed what is substantially its current form with the adoption of Ordinance No. 1834 in 1984. Unlike the Housing and Community Development Committee, creation of the Board was not mandated by. State law, but was conceived of entirely by the City. The Advisory and Appeals Board also 4 differs from the Housing and Community Developnient Committee in that the provisions of the ordinance establishing the Board were codified, i.e., placed into the National City Municipal Code as Chapter 15.04. Section 15.04.010 of Chapter 15.04 states that thcAdvisory and Appeals Bard consists of seven members, and sets forth the jurisdiction and duties of the Board as follows: A. Alternate Materials and Method of Construction. The advisory and appeals board may approve such alternate materials and/or method of construction provided they find that the proposed materials and/or method of construction, for the purpose intended, is at least equivalent of that prescribed in the code in suitability, strength, effectiveness, fire resistance, durability, safety and sanitation. B. Refusal to Issue Permits. The refusal of the director of building and safety or fire chief to issue any permit required by the city may be appealed by the applicant to the advisory and appeals board. C. Notice to Abate Public Nuisances. The action of the director of building and safety or fire chief in issuing a correction notice or a notice to abate a public nuisance may be appealed to the advisory and appeals board. D. Interpretation of City Codes. The decision of the director of building' and safety or fire chief in interpreting provisions of the building code, housing code, electrical code, plumbing code, mechanical code and fire code of the city may be appealed to the advisory and appeals board. Section 15.04.020 provides that the members of the Board shall be appointed .for a term of four years by the City Council, although State law, which takes precedence, provides that an appointment to a board of this type shall be by the Mayor, with the approval of the City Council. Section 15.04.030 provides that the Board shall adopt rules for the conduct of its hearings; that a tie vote of the Board shall affirm an action of the Fire Chief or the Chief Building Official; and that the Board may appoint a hearing panel of one or more of its members to hear an appeal. Section 15.04.040 states that special meetings of the Board may be called pursuant to the provisions of Section 54956 of the California Government Code. Section 15.04.050 states that the Director of Building and Safety shall be the secretary of the Board. Section 15.04.060 sets forth detailed procedures for making appeals to the Board; Section 15.04.070 provides that the decisions of the Board may be appealed to the City Council. Section 15.04.080 varies from the other sections of Chapter 15.04, providing that the City Council, rather than the Board, shall hear all appeals regarding the interpretation or application of disabled access regulations. Discussion Unlike the case of the Housing and Community Development Committee, the City Council has complete discretion over the creation and continued existence of the Advisory and Appeals Board. Because the Boardhas for all intents and purposes ceased tofunction; and because Chapter 15.04 already confers ultimate decision -making authority to the City Council in matters initially within the jurisdiction of the Board, the Council may wish to consider amending Chapter 15.04 to eliminate the Advisory and Appeals Board, and assume the authority currently vested in the Board. Alternatively, the Council may wish to maintain the existence of the Board, either in conformity with Chapter 15.04 of the Municipal Code, or with revisions to the Board's composition or duties. Conclusions It is requested that the City Council provide direction to the City Attorney's office as to how the Council would like to proceed on these issues. GEORGE 11 EISER, III City Attorney GHE/gmo Attachment 117Y ADM HEY City of National City Office of the City Clerk 1243 National .City Blvd., National City, CA 91950-430gf EB 17 f?rti '2 Michael R. Della - City Clerk (619)336-4226 (619) 336-4229 RECEIVED ``u 61i? OF NATIONAL CITY February 17, 2009 TO: Chris Zapata George Eiser FROM: Michael Della 1Y SUBJECT: Review of Status - Building Advisory Appeals Board and Housing and Community Development Committee As part of the process of updating and compiling information for a report to the City Council on Board & Commission vacancies and expired terms; a review of the need and desirability of maintaining some Boards & Committees is appropriate. Two such boards that warrant review at this time are the Building Advisory and Appeals Board and the Housing and Community Development Committee. BUILDING ADVISORY AND APPEALS BOARD (BAAB) HISTORY The Building Advisory and Appeals Board was established by Ordinance 1324 in 1972. It is authorized under provisions of the Health & Safety Code and the Uniform Building Code. STATUS The Board consists of seven members appointed by the City Council for four-year terms. It does not have a regular meeting schedule but rather meets "as needed". The last time the Board met was more than five years ago. The exact date is unknown. There are presently four vacancies on the Board. Of the three remaining members, one is no longer able to serve, one has indicated that they no longer wish to be on the board and the third member's term expired four years ago. The only time the Board members are contacted by the City is to complete their annual Statement of Economic Interest. For all intents and purposes, the BAAB is a non-existent - board -with no - apparent purpose. ISSUES The current make-up and status of Board membership and the practically non-existent need for them to meet over the last several years raises some basic questions, such as: 1. Is there a statutory need or desire to maintain the Advisory & Appeals Board? 2. If the answer is `yes'; can the duties of the BAAB be addressed in some other way? 3. Does a smaller Board make sense or can additional responsibilities be assigned in order to make the Board meaningful? HOUSING & COMMUNITY DEVELOPMENT COMMITTEE (HCDC) HISTORY The HCDC was established by Ordinance 1619 with Statutory Authority from Health and Safety Code Section. I STATUS The nine member committee has at least three vacancies. The actual number of vacancies is difficult to determine because a meeting of the committee has not been held for some time. When a meeting was called, there was no quorum. Originally the committee met monthly under the auspices of the CDC. Its most recent (and only) charge when it was last active was to review and recommend funding allocations to the City Council for the CDBG program. With organizational and staff changes, the committee has become inactive; non-functioning and without an identifiable department liaison or coordinator. As with the BAAB, the only contact the HCDC members have with the City is for their annual Statement of Economic Interest. The terms of existing members have all expired. ISSUES Given its recent history and inactivity, current and future housing issues confronting the City as well as California and HUD housing regulations; is the HCDC still a necessary and valuable committee with a purpose? If the answer is 'yes' then should thought be given to clarifying and defining exactly what that role is and how best to facilitate it? RECOMMENDATION Both the Building Advisory and Appeals Board and the HCDC need members. It is difficult to recruit and retain members to serve on committees that do not meet nor have a clearly defined mission or purpose. Clarifying the need, purpose and make-up of both Boards should be the first order of business before attempting to recruit and or reappoint new members. It is recommended that the issues identified. above, along with legal and policy considerations, be considered to determine an appropriate course of action. Recruitment, appointment and re -appointment activities will be held in abeyance pending such review. Copies of the Ordinances that created the two boards are attached. cc: Leslie Deese Brad Raulston City of National City, California CITY COUNCIL AGENDA STATEMENT EETING DATE September 15, 2009 AGENDA ITEM NO. 10 ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING CHAPTER 2.28 OF THE NATIONAL CITY MUNICIPAL CODE BY ADDING SECTION 2.28.015 THERETO, PERTAINING TO THE PLANNING COMMISSION FUNCTIONING AS THE COMMITTEE FOR HOUSING AND COMMUNITY DEVELOPMENT PREPARED BY George H. Eiser, III (Ext. 4221) DEPARTMENT City Attorney EXPLANATION A companion item on this September 15 agenda is the introduction of an ordinance amending portions of Ordinance Nos. 1619, 1829, and 91-2012, to provide that the purpose and functions of the Committee for Housing and Community Development will henceforth be implemented by the Planning Commission. This subject was first discussed at the June 16, 2009 City Council meeting; please refer to the agenda materials for the June 16 meeting, included with the materials for the aforementioned companion item on this agenda. The proposed ordinance would amend Chapter 2.28 of the Municipal Code, which pertains to the Planning Commission, to mirror the provisions of the ordinance being introduced with the companion item. Environmental Review Financial Statement N/A N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Introduce Ordinance. BOARD / COMMISSION RECOMMENDATION N/A 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 CHAPTER 2.28 OF THE NATIONAL CITY MUNICIPAL CODE BY ADDING SECTION 2.28.015 THERETO, PERTAINING TO THE PLANNING COMMISSION FUNCTIONING AS THE COMMITTEE FOR HOUSING AND COMMUNITY DEVELOPMENT BE IT ORDAINED by the City Council of the City of National City that Chapter 2.28 of the National City Municipal Code is amended by adding Section 2.28.015 thereto, to read as follows: 2.28.015 Planning Commission to Function as Committee on Housing and Community Development — Ex Officio Members. A. In addition to the functions conferred upon it by the Municipal Code and by state law, the Planning Commission shall also act in the capacity and carry out the functions of the board of the Committee on Housing and Community Development (the "Committee"). B. The Committee shall be comprised of the seven (7) members of the Planning Commission (the "Commission"), who shall sit as the Board of the Committee when the Commission is acting in the capacity and carrying out the functions of the Committee. In addition, the City Council shall appoint two (2) ex officio members to four year terms, who shall be tenants of the Community Development Commission ("CDC"), and one (1) of whom shall be over 62 years of age. Said ex officio members shall sit with the seven (7) members of the Planning Commission on such occasions as the Commission is acting in the capacity and carrying out the functions of the Committee. Said ex officio members shall serve at the pleasure of the City Council. C. The Commission, when acting in the capacity and carrying out the functions of the Committee, shall utilize a Committee agenda, which shall be separate and distinct from the Commission agenda. Except for special meetings of either body, meetings of the Commission and the Committee shall be scheduled for the same date and time, unless it is impracticable to do so, with the meeting of one body to be held consecutively after the other. D. The Chairperson and Vice -Chairperson of the Planning Commission shall also be the Chairperson and Vice -Chairperson of the Committee. The two ex officio members shall not receive compensation, but shall be eligible for reimbursement of expenses incurred in the performance of official duties. The two ex officio members shall disclose reportable financial interests as members of the Housing and Community Development Committee pursuant to the City's Conflict of Interest Code. PASSED and ADOPTED this day of , 2009. Ron Morrison, Mayor Ordinance No. 2009 — Page 2 of 2 ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California CITY COUNCIL AGENDA STATEMENT METING DATE September 15, 2009 AGENDA ITEM NO. 11 ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 15.04 OF THE NATIONAL CITY MUNICIPAL CODE PERTAINING TO THE CITY COUNCIL'S AUTHORITY TO APPROVE ALTERNATE MATERIALS AND METHODS OF CONSTRUCTION, CONSIDER APPEALS, AND MAKE INTERPRETATIONS UNDER TITLE 15 OF THE MUNICIPAL CODE; AND DISSOLVING THE ADVISORY AND APPEALS BOARD PREPARED BY George H. Eiser, III 0- City Attorney (Ext. 4221) EXPLANATION At the June 16, 2009 City Council meeting, the City Council considered a report pertaining to the Housing and Community Development Committee and the Advisory and Appeals Board. The agenda materials for that meeting are attached. At the conclusion of the discussion regarding the Advisory and Appeals Board, the City Council decided to dissolve the Board, and assume the functions previously within the Board's jurisdiction. The proposed ordinance would dissolve the Advisory and Appeals Board, and transfer to the City Council the authority to: • Approve alternate materials and methods of construction • Consider appeals from the refusal of the Building Official or Fire Chief to issue permits • Consider appeals of Notices to abate public nuisances • Interpret the various codes under Title 15 of the Municipal Code • Interpret disabled access regulations The City Council's decision in any of these matters would be final. DEPARTMENT Environmental Review .1 N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Introduce Ordinance. BOARD / COMMISSION RECOMMENDATION N/A I ATTACHMENTS ( Listed Below) Resolution No. Agenda materials from June 16, 2009 City Council meeting Ordinance A-200 (9/99) ORDINANCE NO. 2009 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 15.04 OF THE NATIONAL CITY MUNICIPAL CODE PERTAINING TO THE CITY COUNCIL'S AUTHORITY TO APPROVE ALTERNATE MATERIALS AND METHODS OF CONSTRUCTION, CONSIDER APPEALS, AND MAKE INTERPRETATIONS UNDER TITLE 15 OF THE MUNICIPAL CODE; AND DISSOLVING THE ADVISORY AND APPEALS BOARD BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. That Chapter 15.04 of the National City Municipal Code is amended to read as follows: Chapter 15.04 CITY COUNCIL AUTHORITY UNDER TITLE 15 OF THE MUNICIPAL CODE Sections: 15.04.010 City Council's Authority Under Title 15 15.04.010 City Council's Authority Under Title 15 In matters pertaining to Title 15 of the Municipal Code, the City Council shall have final authority in the following matters: A. Alternate Materials and Method of Construction. The City Council may approve alternate materials and/or method of construction provided they find that the proposed materials and/or method of construction, for the purpose intended, at least equivalent of that prescribed in the code in suitability, strength, effectiveness, fire resistance, durability, safety and sanitation. B. Refusal to Issue Permits. The refusal of the Director of Building and Safety or Fire Chief to issue any permit required by the City may be appealed by the applicant to the City Council. C. Notice to Abate Public Nuisances. The action of the Director of Building and Safety or Fire Chief in issuing a correction notice or a notice to abate a public nuisance may be appealed to the City Council. D. Interpretation of City Codes. The decision of the Director of Building and Safety or Fire Chief in interpreting provisions of the Building Code, Housing Code, Electrical Code, Plumbing Code, Mechanical Code and Fire Code of the City may be appealed to the City Council. E. Disabled Access Regulations. All appeals regarding the interpretation or application of the disabled access regulations contained in Chapter 7 (commencing with Section 4450) of Division 5 of Title 1 of the Government Code pursuant to Health and Safety Code Section 19957.5 and the disabled access regulations contained in Title 24 of the California Code of Regulations shall be heard by the City Council. Ordinance No. 2009 — Page 2 of 2 F. Decision of the City Council to be Final. In deciding the matters enumerated in Subsections A through E of this Section, the decision of the City Council shall be final. Section 2. That the body known as the Advisory and Appeals Board is dissolved. Whenever there is a reference in the Municipal Code or other law or regulation to the Advisory and Appeals Board, it shall be construed to mean the City Council. PASSED and ADOPTED this day of September, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California CITY COUNCIL AGENDA STATEMENT EETING DATE June 16, 2009 AGENDA ITEM NO. ITEM TITLE REPORT ON HOUSING AND COMMUNITY DEVELOPMENT COMMITTEE AND ADVISORY AND APPEALS BOARD PREPARED BY EXPLANATION George H. Eiser, III �/"' DEPARTMENT City Attorney (Ext. 4221) Please see attached memorandum. Environmental Review Financial Statement N/A _L N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Provide direction to staff. BOARD / COMMISSION RECOMMENDATION N/A J ATTACHMENTS ( Listed Below) Resolution No. Memorandum A-200 (9/99) Mayor Ron Morrison Council Mernbers Frank Parra Alejandro Sotelo-Solis Jess Van Deventer Rosalie Zarate TO: Office of the City Attorney 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 Mayor and City Council DATE: June 2, 2009 FROM: City Attorney SUBJECT: Report on Housing and Community Development Committee; Advisory and Appeals Board Introduction In a recent memorandum to the City Manager, a copy of which is attached, the City Clerk reported that the Housing and Community Development Committee and the Advisory and Appeals Board commonly experience a lack of a quorum, no items of business, and often have vacancies in their membership. Because these bodies are virtually non- functioning, the City Clerk in his memorandum suggests that it may be appropriate to question the need for their continued existence. To assist in an analysis of this issue, this report examines the basis for establishment of and the functioning of the Ilousing and Community Development Committee, and the Advisory and Appeals Board. HOUSING AND COMMUNITY DEVELOPMENT COMMITTEE Background Section 34120 of the California Health and Safety Code, part of the Community Redevelopment Law, requires the City Council, in cases where it has declared itself to be the board of the Community Development Commission (which the National City City Council has), to appoint two additional CDC board members who are tenants of the housing authority if the housing authority has tenants, one of which tenants shall be over 62 years of age if the housing authority has tenants of that age. If the housing authority has no tenants, the Council shall adopt an ordinance providing for the appointment of tenants within one year of the housing authority first having tenants. Section 34120 further provides that as an alternative to appointing tenants of the housing authority as two additional members of the CDC board, the CDC may create a community development committee to which the two tenant appointments maybe made. In 1978, the City Council adopted Ordinance No. 1619 creating such a committee, which was named the Housing and Community Development Committee (the "Committee"). 1243 National City Boulevard; National City, California 91950-4301 Tel.: (619) 336.4220 Fax: (619) 336.4327 Section 34120.5 of the Health and Safety Code requires that the Housing and Community Development Committee consist of no more than seven members, or no more than nine members if some of the members are tenants of the housing authority. Section 34120.5 further requires that if a committee is created, its function shall be to review and make recommendations on all matters to come before the CDC prior to CDC Board action, except emergency matters, and matters that the committee, by resolution, excludes from committee review and recommendation. The City Council may provide for procedures for review and recommendation, and for further functions of the committee, and may delegate any of its functions as the CDC to the committee. As mentioned above, the City Council adopted Ordinance No. 1619 in 1978, establishing the Housing and Community Development Committee. Section 4 of the Ordinance states that: . the purpose of said Committee shall be to encourage communication from persons, organizations and institutions in the City of National City and to give advice and make recommendations to the Community Development Commission of the City of National City or to the City Council of the City of National City in connection with housing projects, programs and policies, including the following: a) The Community Development Block Grant Program pursuant to the U.S. Housing and Community Development Act of 1974, as amended. b) The Housing and Urban Development Section 312 Rehabilitation Loan Program within the adopted Housing Assistance Area, as amended. c) The Housing and Urban Development Section 8 Housing Assistance Payments Program for existing housing and for new construction including 300 units for handicapped and elderly persons. d) The relocation of families and individuals displaced from their residences by the projects and programs of the Community Development Commission. e) The housing and neighborhood improvement aspects of the proposed Amendment No. 1, Center City Redevelopment Project. f) Other housing improvements, housing assistance and neighborhood improvement projects, programs and policies in connection with Federal and State laws relating to housing and neighborhood improvement. 2 With respect to the Committees' duties, the Ordinance provides that the Committee shall limit its review and recommendation to the matters set forth above, through the adoption of its by-laws. The composition of the Committee is set forth at Section 5 of the Ordinance which provides, in relevant part, that the Committee: .. shall consist of nine members who shall be appointed by and serve at the pleasure of the Mayor with the concurrence of the City Council. Members of the Committee shall be residents of the City of National City and shall serve for two year terms. Membership shall be as follows: (a) Two members shall be tenants of the Community Development Commission in its capacity as Housing Authority and one of the two tenants shall be over 62 years of age. (b) Seven members shall be appointed in partial fulfillment of the requirements for Citizen Participation in the U.S. Housing and Community Development Act of 1974 as amended by the U.S. Housing and Community. Development Act of 1977 and to fulfill the requirements of Sections 33385 through 33388 of the Law entitled "Project Area Committee". (1) Not less than one member shall be an owner occupant within a redevelopment project in which a substantial number of low or moderate income families are to be displaced from their homes. (2) Not less than one member shall be a tenant in a redevelopment project in which such substantial displacement is to occur. Not less than one member shall be in business within a redevelopment projects. (4) Not less than one member shall represent an existing organization or institution within a redevelopment project in which such substantial displacement is to occur. (3) (5) Committee members shall be appointed to best reflect the interests of persons, groups, businesses and institutions affected by the Projects and Programs of the Community Development Commission, as they may vary from time to time. 3 (c) The Chairperson and the Vice Chairperson of the Committee shall be appointed in January of each year for one year terms by the Mayor with the concurrence of the City Council. The Secretary of the Commission shall be elected in January of each year by the Committee and shall serve for a one year term. Discussion Under the Community Redevelopment Law, when the City Council appoints itself as the Community Development Commission, the Council has two options.: (1) appointment to the CDC Board of two additional members who are tenants of the housing authority, or (2) creation of a Housing and Community Development Committee to which the two tenant members may be appointed. The City Council chose the second option in 1978, with the adoption of Ordinance No. 1619. Because of the difficulties encountered in the proper functioning of the Committee, including problems in convening a quorum, the City Council may wish to consider another approach in complying with the mandate of the Community Redevelopment Law. For example, the Council could enact an ordinance providing that the Planning Commission, which consists of seven members, would perform the functions and duties of the Committee, at such times as Committee business must be conducted. These functions and duties could be those that the Committee is currently assigned, or they could be expanded, modified, or reduced. With respect to the requirement that two housing authority tenants be members of the Committee, the Council could include two such members among its appointments to the seven -member Planning Commission, or alternatively, appoint the tenant members as two additional members of the Commission, to act as part of the Commission solely when there is Committee business to be conducted. Of course, the City Council always has the option of maintaining the status quo, which would currently require the filling of at least three vacancies, including the two housing authority tenant members. Even in selecting this option, the Council could act to reduce the number of members on the Commission, change the composition of the Commission (although appointment of two tenant members is mandatory in any event), and revise the Commission's duties. ADVISORY AND APPEALS BOARD Background The Advisory and Appeals Board (the "Board")was first established by the City Council in 1972, pursuant to Ordinance No. 1324, and assumed what is substantially its current form with the adoption of Ordinance No. 1834 in 1984. Unlike the Housing and Community Development Committee, creation of the Board was not mandated by State law, but was conceived of entirely by the City. The Advisory and Appeals Board also 4 differs from the Housing and Community Development Committee in that the provisions of the ordinance establishing the Board were codified, i.e., placed into the National City Municipal Code as Chapter 15.04. Section 15.04.010 of Chapter 15.04 states that the Advisory and Appeals Bard consists of seven members, and sets forth the jurisdiction and duties of the Board as follows: A. Alternate Materials and Method of Construction. The advisory and appeals board may approve such alternate materials and/or method of construction provided they find that the proposed materials and/or method of construction, for the purpose intended, is at least equivalent of that prescribed in the code in suitability, strength, effectiveness, fire resistance, durability, safety and sanitation. B. Refusal to Issue Permits. The refusal of the director of building and safety or fire chief to issue any permit required by the city may be appealed by the applicant to the advisory and appeals board. C. Notice to Abate Public Nuisances. The action of the director of building and safety or fire chief in issuing a correction notice or a notice to abate a public nuisance may be appealed to the advisory and appeals board. Interpretation of City Codes. The decision of the director of building 'and safety or fire chief in interpreting provisions of the building code, housing code, electrical code, plumbing code, mechanical code and fire code of the city may be appealed to the advisory and appeals board. Section 15.04.020 provides that the members of the Board shall be appointed for a term of four years by the City Council, although State law, which takes precedence, provides that an appointment to a board of this type shall be by the Mayor, with the approval of the City Council. Section 15.04.030 provides that the Board shall adopt rules for the conduct of its hearings; that a tie vote of the Board shall affirm an action of the Fire Chief or the Chief Building Official; and that the Board may appoint a hearing panel of one or more of its members to hear an appeal. Section 15.04.040 states that special meetings of the Board may be called pursuant to the provisions of Section 54956 of the Califomia Government Code. Section 15.04.050 states that the Director of Building and Safety shall be the secretary of the Board. Section 15.04.060 sets forth detailed procedures for making appeals to the Board; Section 15.04.070 provides that the decisions of the Board may be appealed to the City Council. 5 Section 15.04.080 varies from the other sections of Chapter 15.04, providing that the City Council, rather than the Board, shall hear all appeals regarding the interpretation or application of disabled access regulations. Discussion Unlike the case of the Housing and Community Development Committee, the City Council has complete discretion over the creation and continued existence of the Advisory and Appeals Board. Because the Board has for all intents and purposes ceased to function, and because Chapter 15.04 already confers ultimate decision -making authority to the City Council in matters initially within the jurisdiction of the Board, the Council may wish to consider amending Chapter 15.04 to eliminate the Advisory and Appeals Board, and assume the authority currently vested in the Board. Alternatively, the Council may wish to maintain the existence of the Board, either in conformity with Chapter 15.04 of the Municipal Code, or with revisions to the Board's composition or duties. Conclusions It is requested that the City Council provide direction to the City Attorney's office as to how the Council would like to proceed on these issues. GHE/gmo Attachment Ziakt: GEORGE H. EISER, III City Attorney 6 f'YY ATToRNEY City of National City Office of the City Clerk 1243 National City Blvd., National City, CA 91950-430 "FEB 17 fat Michael R. Dalla — City Clerk (619)336-4226 (619) 336-4229 =isinl`:'CC { if t gFIA1i6PdAL CITY February 17, 2009 TO: Chris Zapata George Eiser FROM: Michael Dalla SUBJECT: Review of Status - Building Advisory Appeals Board and Housing and Community Development Committee As part of the process of updating and compiling information for a report to the City Council on Board & Commission vacancies and expired terms; a review of the need and desirability of maintaining some Boards & Committees is appropriate. Two such boards that warrant- review- at this time are the Building Advisory and Appeals Board and the Housing and Community Development Committee. BUILDING ADVISORY AND APPEALS BOARD (BAAB) HISTORY The Building Advisory and Appeals Board was established by Ordinance 1324 in 1972. It is authorized under provisions of the Health & Safety Code and the Uniform Building Code. STATUS The Board consists of seven members appointed by the City Council for four-year terms. It does not have a regular meeting schedule but rather meets "as needed". The last time the Board met was more than five years ago. The exact date is unknown. There are presently four vacancies on the Board. Of the three remaining members, one is no longer able to serve, one has indicated that they no longer wish to be on the board and the third member's term expired four years ago. The only time the Board members are contacted by the City is to complete their annual Statement of Economic Interest. For all intents and purposes, the BAAB is a non-existent board with no apparent purpose. ISSUES The current make-up and status of Board membership and the practically non-existent need for them to meet over the last several years raises some basic questions, such as: 1. Is there a statutory need or desire to maintain the Advisory & Appeals Board? 2. If the answer is `yes'; can the duties of the BAAB be addressed in some other way? 3. Does a smaller Board make sense or can additional responsibilities be assigned in order to make the Board meaningful? HOUSING & COMMUNITY DEVELOPMENT COMMITTEE (HCDC) HISTORY The HCDC was established by Ordinance 1619 with Statutory Authority from Health and Safety Code Section STATUS The nine member committee has at least three vacancies. The actual number of vacancies is difficult to determine because a meeting of the committee has not been held for some time. When a meeting was called, there was no quorum. Originally the committee met monthly under the auspices of the CDC. Its most recent (and only) charge when it was last active was to review and recommend funding allocations to the City Council for the CDBG program. With organizational and staff changes, the committee has become inactive; non-functioning and without an identifiable department liaison or coordinator. As with the BAAB, the only contact the HCDC members have with the City is for their annual Statement of Economic Interest. The terms of existing members have all expired. ISSUES Given its recent history and inactivity, current and future housing issues confronting the City as well as Califomia and HUD housing regulations; is the HCDC still a necessary and valuable committee with a purpose? If the answer is 'yes' then should thought be given to clarifying and defining exactly what that role is and how best to facilitate it? RECOMMENDATION Both the Building Advisory and Appeals Board and the HCDC need members. It is difficult to recruit and retain members to serve on committees that do not meet nor have a clearly defined mission or purpose. Clarifying the need, purpose and make-up of both Boards should be the first order of business before attempting to recruit and or reappoint new members. It is recommended that the issues identified above, along with legal and policy considerations, be considered to determine an appropriate course of action. Recruitment, appointment and re -appointment activities will be held in abeyance pending such review. Copies of the Ordinances that created the two boards are attached. cc: Leslie Deese Brad Raulston City of National City, California CITY COUNCIL AGENDA STATEMENT IEETING DATE September 15, 2009 AGENDA ITEM NO. 12 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING AN AMENDED CONFLICT OF INTEREST CODE WHICH INCORPORATES BY REFERENCE THE FAIR POLITICAL PRACTICES COMMISSION'S STANDARD MODEL CONFLICT OF INTEREST CODE, AND RESCINDING RESOLUTION NO. 2008-180 PREPARED BY EXPLANATION George H. Eiser, III (Ext. 4221) DEPARTMENT Please see attached memorandum. City Attorney Environmental Review 1 N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Approve attached Resolution, adopting Conflict of Interest Code BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Proposed resolution and Conflict of Interest Code Memorandum A-200 (9/99) RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING AN AMENDED CONFLICT OF INTEREST CODE WHICH INCORPORATES BY REFERENCE THE FAIR POLITICAL PRACTICES COMMISSION'S STANDARD MODEL CONFLICT OF INTEREST CODE, AND RESCINDING RESOLUTION NO. 2008-180 WHEREAS, the Political Reform Act, Government Code Sections 81000, et seq., requires every state or local government agency to adopt and promulgate a Conflict of Interest Code; and WHEREAS, the Fair Political Practices Commission has adopted a regulation, 2 California Code of Regulations Section 18730, which contains the terms of a standard model Conflict of Interest Code, which can be incorporated by reference, and which will be amended to conform to amendments in the Political Reform Act of 1974 after public notice and hearings conducted by the Fair Political Practices Commission pursuant to the Administrative Procedure Act, Government Code Sections 11370, et seq.; and WHEREAS, the City of National City has determined that the attached Appendix accurately sets forth those positions which should be designated and the categories of financial interests which should be made reportable. NOW, THEREFORE, BE IT RESOLVED that except for Section 9.5 thereof pertaining to state officers and employees, the terms of 2 Cal. Code of Regulations Section 18730, attached hereto as Exhibit "A," and any amendments to it duly adopted by the Fair Political Practices Commission, along with the attached Appendix in which officials and employees are designated and disclosure categories are set forth, are hereby incorporated by reference and constitute the Conflict of Interest Code of the City of National City. BE IT FURTHER RESOLVED that Resolution No. 2008-180 is hereby rescinded. PASSED and ADOPTED this 15th day of September, 2009. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, III City Attorney Mayor Ron Morrison Council Members Frank Parra Alejandra Sotelo-Solis Jess Van Deventer Rosalie Zarate CALIFORNIA NATIONAL CHI' INCORPORATED J Office of the City Attorney City Attorney George H. Eiser, III Senior Assistant City Attorney Claudia Gacitua Silva Senior Assistant City Attorney Jodi L. Doucette TO: Mayor and City Council DATE: September 9, 2009 FROM: City Attorney SUBJECT: Resolution Approving Amendment of City's Conflict of Interest Code; Determination of which Disclosure Categories Apply to Executive Assistant III and IV Positions At the September 1, 2009 City Council meeting, the City Council directed that the Executive Assistant III and IV positions working directly for the Mayor, the City Manager, and the City Attorney be added to the designated positions required to file a Statement of Economic Interests ("SEI") pursuant to the City's Conflict of Interest Code. These three positions, which together with the existing designated positions in the Conflict of Interest Code total 67 positions, are potentially subject to reporting the following types of financial interests, or Disclosure Categories, under the Code: CATEGORY 1: Investments and sources of income. CATEGORY 2: Interests in real property. CATEGORY 3: Investments, interests in real property, and sources of income subject to the regulatory, permit, or licensing authority of the department. CATEGORY 4: Investments in business entities and sources of income that engage in land development, construction, or the acquisition of sale of real property. CATEGORY 5: Investments in business entities and sources of income of the type which, within the past 12 months or calendar year, whichever is applicable, have contracted with the City of National City or the Community Development Commission of the City of National City to provide services, supplies, materials, machinery, or equipment. 1243 National City Boulevard; National City, California 91950-4301 Tel.: (619) 336.4220 Fax: (619) 336.4327 CATEGORY 6: Investments in business entities and sources of income of the type which, within the past 12 months or calendar year, whichever is applicable, have contracted with the person's department to provide services, supplies, materials, machinery, or equipment. CATEGORY 7: Business positions. Title 2 of the California Code of Regulations comprises the administrative regulations adopted by the Fair Political Practices Commission to implement the Political Reform Act. Section 18730 of the Title 2, which is incorporated in the City's Conflict of Interest Code, describes the information which is required to be reported on the SEI under the Disclosure Categories as follows: 1. Investment and Real Property Disclosure. When an investment or an interest in real property is required to be reported, the statement shall contain the following: a) A statement of the nature of the investment or interest; b) The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged; c) The address or other precise location of the property; d) A statement whether the fair market value of the investment or interest in real property equals or exceeds two thousand dollars ($2,000), exceeds ten thousand dollars ($10,000), exceeds one hundred thousand dollars ($100,000), or exceeds one million dollars ($1,000,000). 2. Personal Income Disclosure. When personal income is required to be reported, the statement shall contain: a) The name and address of each source of income aggregating five hundred dollars ($500) or more in value, or fifty dollars ($50) or more in value if the income was a gift, and a general description of the business activity, if any, of each source; b) A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was one thousand dollars ($1,000) or less, greater than one 2 thousand dollars ($1,000), greater than ten thousand dollars ($10,000), or greater than one hundred thousand dollars ($100,000); c) A description of the consideration, if any, for which the income was received; d) In the caes of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift; the amount or value of the gift; and the date on which the gift was received; e) In the case of a loan, the annual interest rate and the security, if any, given for the loan and the term of the loan. 3. Business Entity Income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be reported, the statement shall contain: a) The name, address, and a general description of the business activity of the business entity; b) The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than ten thousand dollars ($10,000). 4. Business Position Disclosure. When business positions are required to be reported, a designated employee shall list the name and address of each business entity in which he or she is a director, officer, partner, trustee, employee, or in which he or she holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity. The City Council has, by acting to add as designated positions under the Conflict of Interest Code the Executive Assistant III and IV positions in the Mayor's, City Manager's, and City Attorney's offices, taken the first step in the process. The final step is to determine which Disclosure Categories the newly -designated positions must report on the SEI. The City Council may elect to require anywhere from one to all seven of the Disclosure Categories to be reported for these positions. It is suggested that the criterion for making this decision should be the extent to which the employee's financial interests could potentially be affected by the employee in performing his/her job duties. For example, it could easily be perceived how a Planning Director, in carrying out his/her 3 duties, could materially affect his/her investment in a business entity that engages in land development. Accordingly, any investments in such business entities should be one of the Disclosure Categories the Planning Director is required to report. In the present case of the Executive Assistant III and IV positions, it would appear appropriate to require, at a minimum, that financial interests be reported under Category 1 (Investments and sources of income); Category 2 (Interests in real property); Category 4 (Investments in business entities and sources of income that engage in land development, construction, or the acquisition or sale of real property); Category 5 (Investments in business entities and sources of income of the type which have contracted with the City or CDC within the previous 12 months or calendar year); and Category 7 (Business positions). Once the Conflict of Interest Code has been amended to add the Designated Positions of Executive Assistant III and IV when working directly for the Mayor, the City Manager, and the City Attomey, the employees occupying those positions have 30 days from the date of the approval of the amendment to file an "Initial" Statement of Economic Interests. The scope of what must be disclosed includes any reportable investments, interests in real property, and business positions held on the effective date of the amendment. Income received must he reported for the 12 months prior to the effective date. GHE/ama GEORGE H. EISER, III City Attorney 4 Search - 61 Results - 2 ccr 18730 Page 1 of 8 Research Tasks Shepard'sAlerts! FOCUS Terms'2cr11s730 �0 Switch Client I Preferences Sign Out ID Help Total Litigator Transactional Advisor Counsel Selector IIisto y I Search Within Original Results (1 - 61) Advanced... Source: Legal > I .-.. / > CA - Barclays Official California Code of Regulations l TOG: Ba-rctays OfficliLCaliforrea Code bf Regulations > / ... / > ARTICLE 2. DISCLOSURE > § 18736. Provisions of Conflict of Interest Codes Terms: 2 ccr 18730 (Edit Search I Suggest Terms for My Search) 4-Select for FOCUSTM' or Delivery - 2 CCR 18730 BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright © 2009 by Barclays Law Publishers All rights reserved * THIS DOCUMENT IS CURRENT THROUGH REGISTER 2009, NO. 33, AUGUST 14, 2009 * TITLE 2. ADMINISTRATION DIVISION 6. FAIR POLITICAL PRACTICES COMMISSION CHAPTER 7. CONFLICTS OF INTEREST ARTICLE 2. DISCLOSURE 2 CCR 18730 (2009) § 18730. Provisions of Conflict of Interest Codes (a) Incorporation by reference of theterms of this regulation along with the designation of employees and the formulation of disclosure categories in the Appendix referred to below constitute the adoption and promulgation of a conflict of interest code within the meaning of Government Code sectio 7300 or the amendment of a conflict of interest code within the meaning of Government Code section 87306 if the terms of this regulation are substituted for terms of a conflict of interest code already in effect. A code so amended or adopted and promulgated requires -the reporting of reportable items in a manner substantially equivalent to the requirements of article 2 of chapter 7 of the Political Reform Act, Government Code sections 81000, et seq. The requirements of a conflict of interest code are in addition to other requirements of the Political Reform Act, such as the general prohibition against conflicts of interest contained in Government Code section 87100, and to other state or local laws. pertaining to conflicts of interest. (b) The terms of a conflict of interest code amended or adopted and promulgated pursuant to this regulation are as follows: (1) Section 1. Definitions. The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (2 Cal, Code ofRegs. sections 18110, et seq.), and any amendments to the Act or regulations, are incorporated by reference Into this conflict of interest code. (2) Section 2. Designated Employees. The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeablyhave a material effect on economic interests. (3) Section 3. Disclosure Categories. This code does not establish any disclosure obligation for those designated employees who are also specified. in Government Code section 87200 if they are designated in this code in that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their economic interests pursuant to article 2 of chapter 7 of the -Political Reform Act, Government Code sections 87200, et seq. In addition, this code does not establish any disclosure obligation for any designated employees who are designated in a conflict of interest code for another agency, if all of the following apply: (A) The geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction of the other agency; EXHIBIT "A" ,._.,.n..—o_,t,...._1—aa_.v,_ o_— A_ 0_ _I___c_ 0___ Aril fn Anil Search - 61 Results - 2 ccr 18730 Page 2 of 8 (B) The disclosure assigned in the code of the other agency is the same as that required under article 2 of chapter 7 of the Political Reform Act, Government Code section 87200; and (C) The filing officer is the same for both agencies.<1> Such persons are covered by this code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth in the Appendix specify which kinds of economic interests are reportable. Such a designated employee shall disclose in his or her statement of economic interests those economic interests he or she has which are of the kind described in the disclosure categories to which he or she is assigned in the Appendix. It has been determined that the economic interests set forth in a designated employee's disclosure categories are the kinds of economic interests which he or she foreseeably can affect materially through the conduct of his or her office. (4) Section 4. Statements of Economic Interests: Place of Filing. The code reviewing body shall instruct all designated employees within its code to file statements of economic interests with the agency or with the code reviewing body, as provided by the code reviewing body in the agency's conflict of interest code.<2> (5) Section 5. Statements of Economic Interests: Time of Filing. (A) Initial Statements. All designated employees employed by the agency on the effective date of this code, as originally adopted, promulgated and approved by the code reviewing body, shall file statements within 30 days after the effective date of this code. Thereafter, each person already in a position when it is designated by an amendment to this code shall file an initial statement within 30 days after the effective date of the amendment. (B) Assuming Office Statements. All persons assuming designated positions after the effective date of this code shall file statements within 30 days after assuming the designated positions, or if subject to State Senate confirmation, 30 clays after being nominated or appointed. (C) Annual Statements. All designated employees shall file statements no later than April 1. (D) Leaving Office Statements. All persons who leave designated positions shall file statements within 30 days after leaving office. (5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming Office. Any person who resigns within 12 months of initial appointment, or within 30 days of the date of notice provided by the filing officer to file an assuming office statement, is not deemed to have assumed office or left office, provided he or she did not make or participate in the making of, or use his or her position to influence any decision and did not receive or become entitled to receive any form of payment as a result of his or her appointment. Such persons shall not file either an assuming or leaving office statement. (A) Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do both of the following: (1) File a written resignation with the appointing power; and (2) File a written statement with the filing officer declaring under penalty of perjury that during the period between appointment and resignation he or she did not make, participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. (6) Section 6. Contents of and Period Covered by Statements of Economic Interests. (A) Contents of Initial Statements. Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the code and income received during the 12 months prior to the effective date of the code. (B) Contents of Assuming Office Statements. Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of nomination, and income received during the 12 months prior to the date of assuming office or the date of being appointed or nominated, respectively. (C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real Search - 61 Results - 2 ccr 18730 Page 3 of 8 property, income and business positions held or received during the previous calendar year provided, however, that the period covered by an employee's first annual statement shall begin on the effective date of the code or the date of assuming office whichever is later, or for a board or commission member subject to Government Code section 87302.6, the day after the closing date of the most recent statement filed by the member pursuant to 2 Cal. Code Regs. section 18754. (D) Contents of Leaving Office Statements. Leaving office statements shall disclose reportable investments, interests in real property, income and business positions held or received during the period between the closing date of the last statement filed and the date of leaving office. (7) Section 7. Manner of Reporting. Statements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information: (A) Investment and Real Property Disclosure. When an investment or an interest in real property<3> is required to be reported,<4> the statement shall contain the following: 1. A statement of the nature of the investment or interest; 2. The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged; 3. The address or other precise location of the real property; 4. A statement whether the fair market value of the investment or interest in real property equals or exceeds two thousand dollars ($ 2,000), exceeds ten thousand dollars ($ 10,000), exceeds one hundred thousand dollars ($ 100,000), or exceeds one million dollars ($ 1,000,000). (B) Personal Income Disclosure. When personal income is required to be reported,<5> the statement shall contain: 1. The name and address of each source of income aggregating five hundred dollars ($ 500) or more in value, or fifty dollars ($ 50) or more in value if the income was a gift, and a general description of the business activity, if any, of each source; 2. A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was one thousand dollars ($ 1,000) or less, greater than one thousand dollars ($ 1,000), greater than ten thousand dollars ($ 10,000), or greater than one hundred thousand dollars ($ 100,000); 3. A description of the consideration, if any, for which the income was received; 4. In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift; the amount or value of the gift; and the date on which the gift was received; 5. In the case of a loan, the annual interest rate and the security, if any, given for the loan and the term of the loan. (C) Business Entity Income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be reported,<6> the statement shall contain: 1. The name, address, and a general description of the business activity of the business entity; 2. The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than ten thousand dollars ($ 10,000). (D) Business Position Disclosure. When business positions are required to be reported, a designated employee shall list the name and address of each business entity in which he or she is a director, officer, partner, trustee, employee, or in which he or she holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity. (E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement, if an investment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal. (B) Section 8. Prohibition on Receipt of Honoraria. httD ://www.lexis. com/research/retrieve?v=&dom l=&dom2=&dom3=&dom4=&dom5—& cr... 9/2/2009 Search - 61 Results - 2 ccr 18730 Page 4 of 8 (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept any honorarium from any source, if the member or employee would be required to report the receipt of income or gifts from that source on his or her statement of economic interests. This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. Subdivisions (a), (b), and (c) of Government Code Section 89501 shall apply to the prohibitions in this section. This section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Government Code section 89506. (8.1) Section 8.1. Prohibition on Receipt of Gifts in Excess of $ 420. (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept gifts with a total value of more than $ 420 in a calendar year from any single source, if the member or employee would be required to report the receipt of income or gifts from that source on his or her statement of economic interests. This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. Subdivisions (e), (f), and (g) of Government Code section 89503 shall apply to the prohibitions in this section. (8.2) Section 8.2. Loans to Public Officials. (A) No elected officer of a state or local government agency shall, from the date of his or her election to office through the date that he or she vacates office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the elected officer holds office or over which the elected officer's agency has direction and control. (B) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the public official holds office or over which the public official's agency has direction and control. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (C) No elected officer of a state or local government agency shall, from the date of his or her election to office through the date that he or she vacates office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. (D) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (E) This section shall not apply to the following: 1. Loans made to the campaign committee of an elected officer or candidate for elective office. 2. Loans made by a public official's spouse, child, parent, grandparent, grandchild, brother, sister, parent -in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such persons, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section. 3. Loans from a person which, in the aggregate, do not exceed five hundred dollars ($ 500) at any given time. 4. Loans made, or offered in writing, before January 1, 1998. (8.3) Section 8.3. Loan Terms. (A) Except as set forth in subdivision (B), no elected officer of a state or local government agency shall, from the date of his or her election to office through the date he or she vacates office, receive a personal loan of five hundred .. 1 A__' o_a — n—v.a c-D. oi')i'nno Search - 61 Results - 2 ccr 18730 Page 5 of 8 dollars ($ 500) or more, except when the loan is in writing and clearly states the terms of the loan, including the parties to the loan agreement, date of the loan, amount of the loan, term of the loan, date or dates when payments shall be due on the loan and the amount of the payments, and the rate of interest paid on the loan. (B) This section shall not apply to the following types of loans: 1. Loans made to the campaign committee of the elected officer. 2. Loans made to the elected officer by his or her spouse, child, parent, grandparent, grandchild, brother, sister, parent -in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person, provided that the person making the loan is not acting as an agent or intermediary for any, person not otherwise exempted under this section. 3. Loans made, or offered in writing, before January 1, 1998. (C) Nothing in this section shall exempt any person from any other provision of Title 9 of the Government Code. (8.4) Section 8.4. Personal Loans. (A) Except as set forth in subdivision (B), a personal loan received by any designated employee shall become a gift to the designated employee for the purposes of this section in the following circumstances: 1. If the loan has a defined date or dates for repayment, when the statute of limitations for filing an action for default has expired. 2. If the loan has no defined date or dates for repayment, when one year has elapsed from the later of the following: a. The date the loan was made. b. The date the last payment of one hundred dollars ($ 100) or more was made on the loan. c. The date upon which the debtor has made payments on the loan aggregating to less than two hundred fifty dollars ($ 250) during the previous 12 months. (B) This section shall not apply to the following types of loans: 1. A loan made to the campaign committee of an elected officer or a candidate for elective office. 2. A loan that would otherwise not be a gift as defined in this title. 3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor has taken reasonable action to collect the balance due. 4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor, based on reasonable business considerations, has not undertaken collection action. Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this paragraph has the burden of proving that the decision for not taking collection action was based on reasonable business considerations. 5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy. (C) Nothing in this section shall exempt any person from any other provisions of Title 9 of the Government Code. (9) Section 9. Disqualification. No designated employee shall make, participate in making, or in any way attempt to use his or her official position to influence the making of any governmental decision which he or she knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official or, a member of his or her immediate family or on: (A) Any business entity in which the designated employee has a direct or indirect investment worth two thousand dollars ($ 2,000) or more; (B) Any real property in which the designated employee has a direct or indirect interest worth two thousand dollars ($ 2,000) or more; (C) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating five hundred dollars ($ 500) or more in value provided to, received by or promised to the designated employee within 12 months prior to the time when the decision is made; httn ://www.l ex i s. com/research/retrieve?v=&dom 1=&dom2=&dom3=&dom4=&dom5=&cr... 9/2/2009 Search - 61 Results - 2 ccr 18730 Page 6 of 8 (D) Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds any position of management; or (E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $ 420 or more provided to, received by, or promised to the designated employee within 12 months prior to the time when the decision is made. (9.3) Section 9.3. Legally Required Participation. No designated employee shall be prevented from making or participating in the making of any decision to the extent his or her participation is legally required for the decision to be made. The fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make his or her participation legally required for purposes of this section. (9.5) Section 9.5. Disqualification of State Officers and Employees. In addition to the general disqualification provisions of section 9, no state administrative official shall make, participate in making, or use his or her official position to influence any governmental decision directly relating to any contract where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any member of his or her immediate family has, within 12 months prior to the time when the official action is to be taken: (A) Engaged in a business transaction or transactions on terms not available to members of the public, regarding any investment or interest in real property; or (B) Engaged in a business transaction or transactions on terms not available to members of the public regarding the rendering of goods or services totaling in value one thousand dollars ($ 1,000) or more. (10) Section 10. Disclosure of Disqualifying Interest. When a designated employee determines that he or she should not make a governmental decision because he or she has a disqualifying interest in it, the determination not to act may be accompanied by disclosure of the disqualifying interest. (11) Section 11. Assistance of the Commission and Counsel. Any designated employee who is unsure of his or her duties under this code may request assistance from the Fair Political Practices Commission pursuant to Government Code section 83114 and 2 Cal. Code Regs. sections 18329 and 18329.5 or from the attorney for his or her agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal opinion. (12) Section 12. Violations. This code has the force and effect of law. Designated employees violating any provision of this code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Government Code sections 81000-91014. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Government Code section 87100 or 87450 has occurred may be set aside as void pursuant to Government Code section 91003. <1>Designated employees who are required to file statements of economic interests under any other agency's conflict of interest code, or under article 2 for a different jurisdiction, may expand their statement of economic interests to cover reportable interests in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and distinct statements, provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. See Government Code section 81004. <2>See Government Code section 81010 and 2 Cal. Code of Regs. section 18115 for the duties of filing officers and persons in agencies who make and retain copies of statements and forward the originals to the filing officer. <3>For the purpose of disclosure only (not disqualification), an interest in real property does not include the principal residence of the filer. <4>Investments and interests in real property which have a fair market value of less than $ 2,000 are not investments and interests in real property within the meaning of the Political Reform Act. However, investments or interests in real property of an individual include those held by the individual's spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual, spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 on/')nn4 Search - 61 Results - 2 ccr 18730 Page 7 of 8 percent or greater. <5>A designated employee's income includes his or her community property interest in the income of his or her spouse but does not include salary or reimbursement for expenses received from a state, local or federal government agency. <6>Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure categories of the filer. AUTHORITY: Note: Authority cited: Section 83112 Government Code. Reference: Sections 87103(e), 87300-87302 89501, 89502 and 89503 Government Code. HISTORY: 1. New section filed 4-2-80 as an emergency; effective upon filing (Register 80, No. 14). Certificate of Compliance included. 2. Editorial correction (Register 80, No. 29). 3. Amendment of subsection (b) filed 1-9-81; effective thirtieth day thereafter (Register 81, No. 2). 4. Amendment of subsection (b)(7)(B)1. filed 1-26-83; effective thirtieth day thereafter, (Register 83, No. 5). 5. Amendment of subsection (b)(7)(A) filed 11-10-83; effective thirtieth day thereafter (Register 83, No. 46). 6. Amendment filed 4-13-87; operative 5-13-87 (Register 87, No. 16). 7. Amendment of subsection (b) filed 10-21-88; operative 11-20-88 (Register 88, No. 46). 8. Amendment of subsections (b)(8)(A) and (b)(8)(B) and numerous editorial changes filed 8-28-90; operative 9- 27-90 (Reg. 90, No. 42). 9. Amendment of subsections (b)(3), (b)(8) and renumbering of following subsections and amendment of Note filed 8-7-92; operative 9-7-92 (Register 92, No. 32). 10. Amendment of subsection (b)(5.5) and new subsections (b)(5.5)(A)-(A)(2) filed 2-4-93; operative 2-4-93 (Register 93, No. 6). 11. Change without regulatory effect adopting Conflict of Interest Code for California Mental Health Planning Council filed 11-22-93 pursuant to title 1, section 100, Califomia Code of Regulations (Register 93, No. 48). Approved by Fair Political Practices Commission 9-21-93. 12. Change without regulatory effect redesignating Conflict of Interest Code for California Mental Health Planning Council as chapter 62, section 55100 filed 1-4-94 pursuant to title 1, section 100, Califomia Code of Regulations (Register 94, No. 1). 13. Editorial correction adding History 11 and 12 and deleting duplicate section number (Register 94, No. 17). 14. Amendment of subsection (b)(8), designation of subsection (b)(8)(A), new subsection (b)(8)(B), and amendment of subsections (b)(8.1)-(b)(8.1)(B), (b)(9)(E) and Note filed 3-14-95; operative 3-14-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 11). 15. Editorial correction inserting inadvertently omitted language in footnote 4 (Register 96, No. 13). 16. Amendment of subsections (b)(8)(A)-(B) and (b)(8.1)(A), repealer of subsection (b)(8.1)(B), and amendment of subsection (b)(12) filed 10-23-96; operative 10-23-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 43). 17. Amendment of subsections (b)(8.1) and (9)(E) filed 4-9-97; operative 4-9-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 15). 18. Amendment of subsections (b)(7)(B)5., new subsections (b)(8.2)-(b)(8.4)(C) and amendment of Note filed 8- 24-98; operative 8-24-98 pursuant to Government Code section 11343.4(d1 (Register 98, No. 35). 19. Editorial correction of subsection (a) (Register 98, No. 47). http://www.lexi s.com/research/retrieve?y=&dom 1=&dom2=&dom3=&dom4=&dom5=&cr... 9/2/2009 Search - 61 Results - 2 ccr 18730 Page 8 of 8 20. Amendment of subsections (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 5-11-99; operative 5-11-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 20). 21. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-6-2000; operative 1-1-2001 pursuant to the 1974 version of Government Code section 11380.2 and Title 2California Code of Regulations, section 18312(d) and (e) (Register 2000, No. 49). 22. Amendment of subsections (b)(3) and (b)(10) filed 1-10-2001; operative 2-1-2001. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil CO10924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 2). 23. Amendment of subsections (b)(7)(A)4., (b)(7)(8)1.-2., (b)(8.2)(E)3., (b)(9)(A)-(C) and footnote 4. filed 2-13- 2001. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil CO10924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 7). 24. Amendment of subsections (b)(8.1)-(b)(8.1)(A) filed 1-16-2003; operative 1-1-2003. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2003, No. 3). 25. Editorial correction of 24 (Register 2003, No. 12). 26. Editorial correction removing extraneous phrase in subsection (b)(9.5)(B) (Register 2004, No. 33). 27. Amendment of subsections (b)(2)-(3), (b)(3)(C), (b)(6)(C), (b)(8.1)-(b)(8.1)(A), (b)(9)(E) and (b)(11)-(12) filed 1-4-2005; operative 1-1-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 1). 28. Amendment of subsection (b)(7)(A)4. filed 10-11-2005; operative 11-10-2005 (Register 2005, No. 41). 29. Amendment of subsections (a), (b)(1), (b)(3), (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 12-18-2006; operative 1- 1-2007. Submitted to OAL pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2006, No. 51). 30. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 10-31-2008; operative 11-30-2008. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2008, No. 44). Source: Legal > / ... /> CA - Barclays Official California Code of Regulations ID TOC: Barclays Official California Code of Regulations > I ... I > ARTICLE 2. DISCLOSURE > § 18730. Provisions of Conflict of Interest Codes Terms: 2 ccr 18730 (Fdit Search 1 Suggest Terms for My Search) View: Full Date/Time: Wednesday, September 2, 2009 - 8:59 PM EDT Search i Research Tasks I Get a Document( Shepard's®I Alerts i Total Litigator ( Transactional Advisor i Counsel Selector History 1 Delivery Manager 1 witch Client I Preferences 15.4L-TauT I HelQ �� About LexisNexis I Terms & Conditions 1 contact tls •Lex1SNeXls' Coovrioht © 2009 LexisNexis, a division of Reed Elsevier Inc. All rights reserved. n---0-'----1-0-' APPENDIX CONFLICT OF INTEREST CODE FOR THE CITY OF NATIONAL CITY AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY I. PURPOSE. This Code is adopted pursuant to the provisions of Government Code Section 87300, et seq., to provide for the disclosure or prevention of all foreseeable potential conflicts of interest; to provide effected persons with clear and specific statements of their duties under the Code; and to differentiate between designated persons with different powers and responsibilities. The requirements hereof are in addition to the other requirements of the Political Reform Act and other State and local laws pertaining to conflicts of interest, including the general prohibition against conflicts of interest found in Government Code Section 87100. II. GENERAL PROVISIONS. A. When a person is required to disclose investments and sources of income, that person must disclose investments in business entities and sources of income that do business in the jurisdiction, or have done business in the jurisdiction within the past 12 months (Initial Statement and Assuming Office Statement) or calendar year (Annual Statement). In addition to other activities, a business entity is doing business within the jurisdiction if it owns real property within the jurisdiction. B. When a person is required to disclose interests in real property, that person must disclose real property that is located in whole or in part within the boundaries of the City of National City. C. When a person is required to disclose business positions, that person must disclose positions of director, officer, partner, trustee, employee, or any position of management in organizations or enterprises operated for profit. III. DISCLOSURE. The persons listed below have been designated as those persons who make and participate in the making of decisions which may foreseeably have a material effect on financial interests within their required disclosure categories as defined in 2 Cal. Code of Regulations Section 18730 and its subsequent amendments: The persons listed below are required to file the initial, annual, and leaving office statements of financial interest required by this Code for the types of interests in the categories set forth in the column "Disclosure Categories" opposite the column "Designated Positions." 1 Appendix — Conflict of Interest Code The Disclosure Categories are: CATEGORY 1: CATEGORY 2: CATEGORY 3: CATEGORY 4: CATEGORY 5: Investments and sources of income. Interests in real property. Investments, interests in real property, and sources of income subject to the regulatory, permit, or licensing authority of the department. Investments in business entities and sources of income that engage in land development, construction, or the acquisition or sale of real property. Investments in business entities and sources of income of the type which, within the past 12 months or calendar year, whichever is applicable, have contracted with the City of National City or the Community Development Commission of the City of National City to provide services, supplies, materials, machinery, or equipment. CATEGORY 6: Investments in business entitles and sources of income of the type which, within the past 12 months or calendar year, whichever is applicable, have contracted with the person's depaitnient to provide services, supplies, materials, machinery, or equipment. CATEGORY 7: Business positions. The persons designated as those persons who make and participate in the making of decisions which may foreseeably have a material effect on financial interests with their required disclosure categories as defined in 2 Cal. Code of Regulations Section 18730 and its subsequent amendments are: DESIGNATED POSITION 1. Mayor, Councilmembers 2. Chairman and Members of the Community Development Commission 3. City Manager 4. City Attorney/ Community Development Commission Attorney 5. City Treasurer 6. Director of Finance 7. Financial Services Officer 8. Planning Commission 9. Advisory and Appeals Board 10. Assistant Chief of Police 11. Assistant City Attorney/Senior Assistant City Attorney DISCLOSURE CATEGORIES */ */ */ */ */ */ */ 1,2,3,4,5,6,7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 2 Appendix — Conflict of Interest Code 12. Assistant City Manager 13. Assistant Civil Engineer 14. Assistant Director of Public Works/Engineering 15. Battalion Chief 16. Building Inspector 17. Building Official 18. City Clerk (includes Records Management Officer) 19. City Engineer 20. City Librarian 21. Civil Service Commission 22. Code Conformance Officer III 23. Community and Police Relations Commission 24. Community Development Program Manager 25. Community Development Specialist III 26. Community Services Director 27. Deputy City Attorney 28. Deputy Director of Finance 29. Deputy Director of Human Resources 30. Director of Community Development 31. Director of Human Resources 32. Director of Planning and Building 33. Director of Public Works 34. Executive Assistant III (When assigned to Mayor's, City Manager's, or City Attorney's Office) 35. Executive Assistant IV (When assigned to Mayor's, City Manager's, or City Attorney's Office 36. Executive Director, Community Development Commission 37. Facilities Maintenance Supervisor 38. Fire Chief 39. Housing and Community Development Committee 40. Housing Program Manager, Redevelopment 41. Library Board of Trustees 42. Management Analyst III 43. MIS Manager 44. Neighborhood Council Coordinator 45. Neighborhood Services Manager 46. Nutrition Manager 47. Park Superintendent 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1,2,3,4,5,6,7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1,2,3,4,5,6,7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 3 Appendix - Conflict of Interest Code 48. Park Supervisor 49. Police Captain 50. Police Chief 51. Police Lieutenant 52. Police Support Services Manager 53. Principal Civil Engineer 54. Principal Librarian 55.. Principal Planner 56. Public Arts Committee 57. Purchasing Agent 58. Recreation Superintendent 59. Redevelopment Manager 60. Risk Manager 61. Senior Accountant 62. Senior Building Inspector 63. Street and Wastewater Superintendent 64. Street Maintenance Supervisor 65. Traffic Engineer 66. Wastewater Supervisor 67. Consultants: If designated in their contracts, for the categories specified in their contracts by the City Council, the CDC Board, City Manager, Executive Director or Purchasing Agent. 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1,2,3,4,5,6,7 1,2,3,4,5,6,7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1,2,3,4,5,6,7 1,2,3,4,5,6,7 1,2,3,4,5,6,7 1,2,3,4,5,6,7 1,2,3,4,5,6,7 1, 2, 3, 4, 5, 6, 7 1,2,3,4,5,6,7 1, 2, 3, 4, 5, 6, 7 1,2,3,4,5,6,7 1, 2, 3, 4, 5, 6, 7 4 Appendix - Conflict of Interest Code City of National City, California COUNCIL AGENDA STATEMENT ..JEETING DATE September 15, 2009 AGENDA ITEM NO. 13 ITEM TITLE A Resolution of the City Council of the City of National City accepting the work performed by Koch -Armstrong General Engineering, Inc. with the final amount of $6,265,090.46, authorizing the Mayor to sign the final balance change order and authorizing the filing of the Notice of Completion with the County Recorder for the National City Street Resurfacing Project, FY 08-09. (Funded through Gas Tax, Traffic Congestion Relief, Proposition A and 1B Funds and CIWMB Grants). PREPARED BY Kenneth Fernandez EXPLANATION Please see attached page with explanation. DEPARTMENT EXT. 4388 Development Services/ Engineering l Environmental Review X N/A Financial Statement MIS Approval Approved By: Finance Director Project was funded by Account numbers: 109-409-500-598-6035 (Gas Tax), 307-409-500-598-6035 (Prop A), 345-409-500-598- 6035 (Traffic Congestion Relief), 346-409-500-598-6035 (Prop 1B), and 296-409-500-598-6035 (CIWMB Grant) per Resolution No. 2008-107. Retention will be paid via Traffic Control Relief then Prop A funds. Account No. e s STAFF RECOMMENDATION Adopt the Res • + ion. BOARD / COMMISSION RECOMMEND TION N/A ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Contract Final Balance 3. Notice of Completion A-200 (Rev. 7/03) SPEC 08-04 NOC EXPLANATION Per Resolution No. 2008-107, the City Council awarded a contract to Koch -Armstrong General Engineering, Inc. in the amount of $5,327,000.00 for the construction of the National City Street Resurfacing Project (Phase 2), Specification No. 08-04. During the course of construction, field conditions were discovered, time -sensitive work, or Ctiy-initiated change orders were approved and added to the project with the following 24 change orders: 1) Addition of fencing for the Kimball Park Skate Park, 2) Addition of skate surface for the Kimball Park Skate Park, 3) Addition of line items and unit pricing for removal and replacement (dig outs) of AC and full street sections (No Cost), 4) Remove and replace "H" curb at W 18t" St and McKinley Ave, 5) Addition of 7 4'x4' information signs, 6) Change strength of concrete to 4000 psi (No Cost), 7) Addition of application of herbicide, 8) Addition of supervisor services from American Ramp for Kimball Park Skate Park fixtures, 9) Addition of tools, crew truck, and labor for Kimball Park Skate Park installation, 10) Addition of labor for installation of equipment for park furnishings at Kimball Park, 11) Addition of F Ave striping, 12) Addition of tree trimming services, 13) Addition of tree trimming services, 14) Addition of traffic stencils per new traffic standards, 15) Valley Road Sidewalk Improvements, 16) Remove and replace 1 manhole cover system at E 27t" St and A Ave, 17) Remove and replace 1 manhole cover system and E 27th St and D Ave, 18) Addition of labor services for removal and installation of park furnishings at Kimball Park, 19) Addition of yield pavement markings at W 11t" St and Coolidge Ave, 20) Addition of latex additive for National City Blvd Slurry Seal between 18th St and 33`d St., 21) Addition of Rubber Tire Roller equipment for .4ational City Blvd Slurry Seal between 18th St and 33`d St., 22) Addition of bicycle lanes on Hoover Ave and Coolidge Ave between Civic Center Dr and W 18th St., 23) Add additional herbicide and stump removal at National City Blvd, and 24) Addition of missing sidewalk and retaining wall at Sweetwater Road east of Prospect Ave. Therefore, the construction bid price of $5,327,000.00 was increased by $332,417.31 to $5,659,417.31. Furthermore, line item increases/deductions as shown in the final balance change order totaling $605,673.15 were added to the scope of work per the contract and specifications. This included the E 4th St and M Ave drainage improvements work performed in June of 2009 due to citizens' concems and deteriorated conditions discovered white work was in progress and additional street sections by City request. Therefore, the construction cost of $5,659,417.31 was increased to a final construction cost of $6,265,090.46. A final inspection was completed and closing documentation was submitted to the City for review. Final approval of the project was delayed because there were change order requests initiated by the City resulting in the contractor's progress invoices and the delivery of final closing documents being postponed. Please see attached "Final Contract Balance Change Order" document for a breakdown of line item change, Change Orders, and contracted work days. After these issues were resolved, the project was eligible for a notice of completion. The work was then found to be in accordance with the approved plans and specifications. Therefore, Engineering Staff recommends the acceptance of the work and the filing of a Notice of Completion for the National City Street Resurfacing Project (Phase 2), Specification No. 08-04. In summary, the purpose of this resolution is to approve the final amount of the project at $5,659,417.31, accept the work performed, and authorize the filing of a Notice of Completion. RESOLUTION NO. 2009 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE WORK PERFORMED BY KOCH-ARMSTRONG GENERAL ENGINEERING, INC. FOR THE TOTAL FINAL AMOUNT OF $6,265,090.46, AUTHORIZING THE MAYOR TO SIGN THE FINAL BALANCE CHANGE ORDER, AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION WITH THE COUNTY RECORDER FOR THE NATIONAL CITY STREET RESURFACING PROJECT, FY 08-09. BE IT RESOLVED by the City Council of the City of National City as follows: It appearing to the satisfaction of the Engineering Department that all work required to be done by Koch -Armstrong General Engineering, Inc., for the total final amount of $6,265,090.46, for the National City Street Resurfacing Project, FY 08-09, has been completed, the City Council of National City hereby accepts said work, authorizes the Mayor to sign the final balance change order, authorizes the filing of a Notice of Completion, and orders that payment for said work by made in accordance with said contract. PASSED and ADOPTED this 15th day of September, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney FINAL CONTRACT BALANCE CHANGE ORDER DATE: September 15, 2009 PROJECT: National City Street Resurfacing Project, FY 08-09 (Phase 2), Specification No. 08-04 TO: Koch -Armstrong General Engineering, Inc Mr. Chris Armstrong / Mr. Monty Koch P.O. Box 1190 Lakeside_ CA 92040 ORIGINAL CONTRACT AMOUNT: START DATE: COMPLETION DATE: ORIGINAL CON'LR_ACT LENGTH: EXTE:NTION OF WORK DAYS: TOTAL. CONTRACT TIME: DESCRIPTION OF CHANCE: This change order is w $5,327,000.00 June 30, 2008 August 10, 2009 (includes downtime due to multiple change orders, cleanup, and inspection) 90 calendar days 0 calendar days 90 calendar days tten to balance and finalize the amounts for said project. No. 1 2 3 llem Mobilization Fratfic Control Cold Milling Original Contract Adjusted Contract Unit Bid Qty I_S LS S1 1 85,704 5 i '," lel.cling course SF 1,559.631 Asphalt Rubber & Aggregate Membrane SY' 378_007 (ARAM) 7 Asphalt Rubber Hot Mix Gap Graded (ARH M) Txpe 11 Slurr\ 8 R&R asphalt over 8 Class 11 Base 9 12&R 3" Asphalt Onit 10 Cracl: Filling 11 R&12 G7 SideAl til SY SF SF 312.381 291,266 85,335 2 07 Unit Price $ 3 3, 506-31 $146.300.00 S0.47 S0.59 Amount $ 3 3,506.31 S 146,300.00 S40,280.88 Qty Unit Price 1.37 S33,506.31 1.35 $146, 300.00 71,576.00 $0.47 Amount S45,748.06 S197,955.65 S33,640.72 $920,132.29 S6.18 S2.336.052.36 1,502,595.0(1 353,730-81 S0.59 S886,531.05 $6.18 S2,186.056.41 $1.04 S324,876 24 249,980.00 $I_(l4 S259,979.20 $1.72 S5.75 S2.60 $306.137.52 384,392 58 SI.7-, S661,155.24 $190,676.25 S71.51820 120,620.38 $5.75 S693.56 7.16 17,398.00 $2 60 S45,234.80 iS I tiF 9 12 R&R GI Curb Oolc LF 246 13 R&R G2 Curb and Gutter 795 S9'_60(1.00 S7.60 S42.50 S95.600.00 1.39 $95,000.00 S 132.821.27 S75.65$.00 S 10,45 5.00 34,646.00 S7.60 473.00 $42.50 $263,309.60 S20, 10250 $1500 14 R&R (frivol, G14 15 18 R&R alley apron G 17 R&R Cross gutter G 12 R&R curb and gutter SF 1.155 SF 396 SE 1.623 SI1.35 $12.50 $17.90 S35,775.00 $13,340.25 S4.950.00 $29,051.70 1,892.00 4,827.00 2,227.00 S45.00 585,140.00 $11.55 $12.50 S55,751.85 S27,83750 1 2,691.50 $17.90 L1 0 Ped Ramps G27-G31 EA 14 $2,065.00 548,177.85 S28,910.00 25.00 $2,065.00 S51,625.00 Page 1 FINAL CONTRACT BALANCE CIIANGE ORDER 19 Adj. S r Mil t� trade per SDRSD EA 155 $745.00 $37975.00 133.00 $245.00 S32,585.00 20 Adj. Swr CO to Grade per SDRSD EA I 1 $365.00 $4,015.00 7.00 S365.00 S2,555.00 21, 22 Adj. Survey Mon. to Grade per SDRSD [A 16 38 $300.00 $370.00 $4,800.00 17.00 $300.00 S5,100.00 Replace Traffic Loops EA $14,060.00 102.00 $ 370.00 S37,740.00 23 Restriping of Street including thermoplastic street markings, curb markings, and street traffic markers 1.S I S63, 300.00 $63,300.00 2.08 S63, 300.00 $131,427.24 24 25 ARHM-GC' WARRANTY Signs (12 of NC 30"x30") FA 13 Line Item Removed S435.00 $5,220.00 12.00 $435.00 $5,220.00 26 Signs (12ofCIWMB 18"x24") EA 12 $380.00 $4,560.00 12.00 $380.00 S4.560.00 27 Asphalt Concrete TON 230 $122.00 $28,060.00 151.23 $122.00 $18,450.06 28 6" Asphalt Dike LT' 145 $12.00 $1,710.00 33.50 $12.00 S402.00 F5,932,673./5 SUI3TOT.AL (Before and after line item increases) $5,327,000 C01 ADD fencing Kimball Park Skate Park LS 1 $4,991.00 $16,517.00 $4.991 nn $16.51" CO2 ADD skate surface Kimball Park Skate Park LS I CO3 C04 Add line items and unit pricing for removal & dig outs of AC & full street sections R&R H-Curb at W 1811' St and McKinley Ave. 1.S NO COST CI 'AWE ORDER 1 $2,267.50 $2.267.50 Cos ADD 7 4'x4' information signs LS 1 8I2,040.00 812.040.00 C06 Increase nominal strength of concrete to 4000 psi NO COST CHANGE ORDER C07 ADD application of herbicide LS L,S 1 $4,6 u.00 $4,6 ts_no CO8 C09 ADD Supervisor services from American Ramp for Kimball Park Skate Park fixtures I $10.180.00 $I0180.00 ADD mist tools, crew truck & labor for Kimball Park Skate Park installation LS I $ 11.782.43 $1 1,782.43 C010 ADD labor for installation of equip_ for park furnishings at Kimball Park LS 1 $30,135.00 $20.13 -.,, Page 2 FINAL CONTRACT BALANCE CHANGE ORDER C011 ADD 1= Ave. striping I,S I S1.063.75 $1.063.75 $3,849.00 C012 ADD "Tree Trimming Services LS S3,849.00 CO ADD 'tree Trimming Services I.S $3,849.00 $3,849.00 $4,970.00 C014 ADD traffic stencils per new traffic standards LS $4,970.00 C015 Valley Road Sidevaalk Improvements LS I $184,065.75 $184,065.75 C016 R&R I NM Coxer wstem at L �71h & A Axe LS I $4.896.00 $4.896.00 C017 R&R I MH Cover system at f 2.7'h & D A v e I.S 1 $4,896.00 $4.896-00 C018 ADD labor for removal and installation of park Turn at Kimball Park LS 1 $1,753.37 $1,753.37 C019 ADD Yield Pvmt markings at W I i I' St & Coolidge Ave LS 1 $1,016.00 $1.016.00 CO20 ,ADD Latex additive for NCB slurry btvcn 18t 'a &i St LS I S2,77922 $2,779.22 CO21 ADD) Rubber Tire Roller (R LR)for NOB Slurp LS 1 $3210 79 $3,240 29 CO22 Install Bicycle I,anes on Hoover and Coolidge Axes btyr� Civic Ctr Dr & \4- 18th St LS $4,955.00 $4.955.00 CO23 ADD Herbicide"Stump Removal LS t $721-00 $721 ()0 CO24 Sweetwater Road sidexx and ret wall LS 1 $_7,835.00 $27,835.00 Change Order subtotal $332, 117 31 GRANT) TOTAL $6,265.090.46 Page 3 FINAL CONTRACT BALANCE CHANGE ORDER DISCUSSION: Added line items: Changes Order Numbers One through Twenty -Four were added for an aggregate total of $332,417.31. During the course of construction, field conditions were discovered, time -sensitive work, or Ctiy-initiated change orders were approved and added to the project with the following 24 change orders: 1) Addition of fencing for the Kimball Park Skate Park, 2) Addition of skate surface for the Kimball Park Skate Park, 3) Addition of line items and unit pricing for removal and replacement (dig outs) of AC and full street sections (No Cost), 4) Remove and replace "H" curb at W 18`h St and McKinley Ave, 5) Addition of 7 4'x4' inlbrmation signs, 6) Change strength of concrete to 4000 psi (No Cost), 7) Addition of application of herbicide. 8) Addition of supervisor services from American Ramp for Kimball Park Skate Park fixtures, 9) Addition of tools, crew truck, and labor for Kimball Park Skate Park installation. 10) Addition of labor for installation of equipment for park furnishings at Kimball Park, 11) Addition of F Ave striping, 12) Addition of tree trimming services, 13) Addition of tree trimming services, 14) Addition of traffic stencils per new traffic standards, 15) Valley Road Sidewalk Improvements, 16) Remove and replace 1 manhole cover system at E 27th St and A Ave, 17) Remove and replace 1 manhole cover system and E 27`h St and D Ave. 18) Addition of labor services for removal and installation of park furnishings at Kimball Park, 19) Addition of yield pavement markings at W I 1 `�' St and Coolidge Ave, 20) Addition of latex additive for National City Blvd Slurry Seal between 18'h St 3 and >> d Sl._ 21) Addition of Rubber "fire Roller equipment for National City Blvd Slurry Seal between 18th St and 33`d St., 22) Addition of bicycle lanes on Hoover Ave and Coolidge Ave between Civic Center Dr and W 18th St., 23) Add additional herbicide and stump removal at National City Blvd, and 24) Addition of missing sidewalk and retaining wall at Sweetwater Road east of Prospect Ave. Page 4 FINAL CONTRACT BALANCE CHANGE ORDER Therefore, the construction bid price of $5,327,000.00 was increased by $332,417.31 to $5,659,417.31. Furthermore. line item increases/deductions as shown in the final balance change order totaling S605,673.15 were added to the scope of work per the contract and specifications. This included the E 4`h St and M Ave drainage improvements work performed in June of 2009 due to citizens' concerns and deteriorated conditions discovered while work was in progress and additional street sections. Therefore, the construction cost of $5,659,417.31 was increased to a final construction cost of $6,265,090.46. CONTRACT ADJUSTMENT: As a result of this change order, the contract price is adjusted as follows: I. The final contract price to date is adjusted to $6,265,090.46. As a result of the satisfactory completion of said project, a retention and final balance of $163,691.49 is set for invoice processing and payment upon the receipt of required signatures and City Council's ratification of this agreement and the Notice of Completion. This document and its purpose to balance payment shall be considered full compensation for furnishing and installing the materials, labor, tools and equipment, profit, overhead, and all incidentals for performing the work described above_ Koch -Armstrong General Engineering. Inc. will not be entitled to damages or additional payment for delays as described in the 1997 edition of the Standard Specifications for Public Works Construction, Section 6-6.3, for performing the work as described above. Page 5 FINAL CONTRACT BAI_,ANCE CHANGE ORDER RECOMMENDED FOR APPROVAL BY: e DATE Associates tanager (Consultant) Kenneth Fernandez EJ DATE CIVIL ENGINEERING TECHNICIAN NATIONAL CITY PROJECT COORDINATOR REVIEWED BY: in Raneshfar, P_E. PRINCTPAI. CIV11. ENGINEER 01/0 1 /0 r DAT Maryam Babaki, P.E. DATE CITY ENGINEER ACCEPTED BY: Kocrostrong General Engineering, Inc. DATE CONTRACTOR APPROVED BY: Ron Morrison MAYOR City of National City Resolution Number: DATE Pane 6 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: CITY OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950-4301 NOTICE OF COMPLETION CALIFORNIA CIVIL CODE SECTION 3093 NOTICE IS HEREBY GIVEN of the completion on September 15, 2009, of: National City Street Resurfacing Project, FY 08-09 (Phase 2), Specification No. 08-04 Work of improvement or portion of work of improvement under construction or alteration. Various street sections throughout National City, CA Street address City State 91950 Zip Code The undersigned owns the following interest or estate in said property: N/A Nature of the interest or estate of owner (mortgagor, lessee, etc.) Said work of improvement was performed on the property pursuant to a contract with Koch -Armstrong General Engineering, Inc. Name of Original Contractor The following work and material were supplied: Laborer Groups, Bob Cat, Trucks, Temporary Pumps, Cement Masons, Operators, Paving Equipment, Traffic Control Equipment, Sweeper, Loaders, etc. General statement of kind of labor, services, equipment or materials The names and addresses of co -owners are: N/A Joint tenants, tenants in common, or other owners Dated: September 15, 2009. Ron Morrison, Mayor City of National City, 1243 National City Blvd., National City, CA 91950-4301 I, the undersigned, say: 1 have read the foregoing Notice of Completion, and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the forgoing is true and correct. Executed on September 15, 2009, at National City, California. Signature: RON MORRISON, MAYOR NOC 08 04 City of National City, California COUNCIL AGENDA STATEMENT EETING DATE September 15, 2009 AGENDA ITEM NO. 14 ITEM TITLE Resolution of the City Council of National City awarding a contract to Koch Armstrong in the` amount not -to -exceed $1,916,282.35 and authorizing the Mayor to execute the agreement improvements for the Marina Gateway Streetscape Project, Spec. No.08-16 and authorize of Sewer Funds. (Funded by Tax Increment Fund and Sewer Fund) PREPARED BY Barby Tipton DEPARTMENT Development Services/ Engineering Division EXPLANATION See attached for construction the appropriation EXT. 4583 Environmental Review X N/A Financial Statement MIS Approval Approved By: Finance Director Funds are available in expenditure account 511-409-500-598-3842 (Marina Gateway Improvements). Transfer $608,787 from the Sewer undesign fun balance, account 125-2501 to expenditure account 125-409-500-598-3842 (Sewer Fund) \ Account No. STAFF RECOMMEN ' TION Adopt the Resolutio BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Bid Opening Information Sheet t. 3. Bid Proposal Spreadsheet for the 3 lowest bidders 08-13 A-200 (Rev. 7/03) EXPLANATION: The project consists of constructing upgrades for street improvements and streetscape to Harrison Avenue, between Bay Marina Drive and Cleveland Avenue, to 23`d Street, between Harrison Avenue and McKinley Avenue, to Cleveland Avenue, between Bay Marina Drive and 23rd Street, and to the Historic Depot area. The project duration is 120 workings days after the Notice to Proceed is issued. The total Engineer's Cost Estimate was $2,539,000 for this project. On August 26, 2009, eleven (11) bids for the Marina Gateway Streetscape Project were opened. (Please see attached Bidders' Proposal Sheet for details of the three lowest bidders.) The apparent lowest bidder, Koch -Armstrong General Engineering, Inc came in at $1,916,282.35. The contingency of 25% for line item changes is added at a cost of $479,070.59. Tax increment fund will be charged - $1,429,252.35 plus if needed, 25% contingency in the amount of $357,313.08 for a total of $1,786,565,43. On August 18, 2009, Council approved the Construction Management agreement for this project. Minimal material testing services will be charged to the contingency amount listed above. The Sewer Fund will be charged $487,030 plus 25% contingency of $121,757 for a total of $608,787. The Sewer Fund contingency will include line item increases, materials testing, construction inspections, construction management and design related to the removal and replacement of the sewer main. Staff recommends that Council authorize the transfer of funds, award the contract, and authorize the Mayor to execute the agreement. RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO KOCH-ARMSTRONG GENERAL ENGINEERING, INC. IN THE AMOUNT OF $1,916,282.35 FOR THE CONSTRUCTION IMPROVEMENTS FOR THE MARINA GATEWAY STREETSCAPE PROJECT, SPEC. NO. 08-16, AND AUTHORIZATION FOR THE APPROPRIATION OF SEWER FUNDS WHEREAS, the Engineering Department of the City of National City did, in open session on August 26, 2009, publicly open, examine and declare all sealed bids for Spec. No. 08-16 for the construction improvements for the Marina Gateway Streetscape Project, FY 09-10. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the National City Street Resurfacing Project, FY 09-10 to: KOCH-ARMSTRONG GENERAL ENGINEERING, INC. BE IT FURTHER RESOLVED by the City Council that the Mayor is hereby authorized to execute on behalf of the City a contract between Koch -Armstrong General Engineering, Inc. and the City of National City in the amount of $1,916,282.35 for the construction improvements for the Marina Gateway Streetscape Project, FY 09-10. Said contract is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Council hereby authorizes the following appropriation and transfer of funds: From: Account No. 125-2501 Sewer Undesignated Fund Balance To: Account No. 125-409-500-598-3842 Sewer Fund Expenditure Account Amount: $608,787 Purpose: Marina Gateway Streetscape Project PASSED and ADOPTED this 15th day of September, 2009. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: MichaelDalla, -City Clerk George H. Eiser,-Ill City Attorney CALIFORNIA N U0N L Cf ''Y ao V INCORPORATED BID OPENING SPECIFICATION NUMBER: 08-16 PROJECT TITLE: MARINA GATEWAY STREETSCAPE, FY 09-10 DATE: AUGUST 26, 2009 TIME: 3:00 P.M. ESTIMATE: $2,539,000.00 PROJECT ENGINEER: BARBY TIPTON NO. BIDDER'S NAME (PAGE 15-16) BID AMOUNT (PAGE 17) ADDENDA (PAGE 15) BID SECURITY (PAGE (PAGE225-BOND) 1. Koch -Armstrong Engineering 15315 Olde Hwy. 80 El Cajon, CA 92021 $1,915,982.35 1,2,3 YES 2. 3-D Enterprise, Inc 2180 Garnet Avenue, #2C San Diego, CA 92102 $1,961,606.00 1,2,3 YES 3. LB Civil Construction 10650 Treena Street, Suite 212 San Diego, CA 92131 $1,992,421.00 1,2,3 YES 4. IlefflerCompany, Inc. 1800 McKinley Avenue, Ste. A National City, Ca 91950 $2,037,658.52 1,2,3 YES 5. HTA Engineering, Inc. 12520 Kirkham Court Poway, Ca 92064-6865 $2,042,495.60 1,2,3 YES 6. Tri-Group Construction 13939 Poway Road, #10 Poway, CA 92064 $2,100,610.00 1,2,3 YES 7. liar Construction 1480 Frontage Road Chula Vista, CA 91911 $2,101,560,20 1,2,3 YES 8. Palm Engineering 3770 Hancock Street, Suite H San Diego, CA 92110 $2,185,282,35 1,2,3 YES 9. Scheidel Contracting and Engineering Inc. P.O. Box 1796 La Mesa, CA 91944 $2,465,485.48 1,2,3 YES 10. Zondiros Corp. 1472 Golden Sunset Drive San Marcos, CA 92078 $2,853,148.00 1,2,3 YES Marina Gateway Streetscape- Spec # 08-16 Koch- Armstrong LB Civil Construction 3D Enterprises NO. ITEM QTY UNIT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT 29 Metal Beam Guard Rail 70 LF 69 4,830.00 40 2,800.00 40 2,800.00 30 Street Lights (Includes Conduit, Wiring. Meter, Service Point. Pull Boxes, Steel Casings & Trench Restoration, if appropriate) 27 EA 5600 151,200.00 5700 153,900.00 6000 162,000.00 31 Street Name Sign, per SDM-102 7 EA 320 2,240.00 325 2,275.00 300 2,100.00 32 8" CL 235 PVC Water Main 674 I,F 63 42,462.00 32 21,568.00 65 43,810.00 "").3 8" CL 200 PVC Fire Service w/ Valve (1- 2 7', 2-49') 3 EA 4080 12.240.00 4500 13,500.00 6000 18,000.00 34 6" Fire Service w/ Valve (32') 1 EA 2700 2.700.00 4200 4,200.00 6000 6,000.00 35 2" Copper Water (Laterals) 5 EA 3200 16,000.00 3000 15.000.00 1500 7,500.00 36 1" Copper Service Water 2 EA 2400 4..800.00 2700 5,400.00 1200 2.400.00 37 6" PVC Sewer (Laterals) 130 LF 47 6.1 10.00 55 7,150.00 100 13,000.00 38 %" Gas Pipe 14 LF 116 1.624.00 175 2,4.50.00 100 1.400.00 39 1" Gas Pipe 65 LE 50 3,250.00 115 7,475.00 100 6,500.00 40 18" Steel Casing 41 LF 106 4,346.00 170 6,970.00 200 8,200.00 41 8" Steel Casing 100 LF 32 3,200.00 130 13,000.00 150 15,000.00 42 8" Valves 6 EA 2100 12.600.00 1500 9,000.00 3000 18,000.00 43 Fire Hydrant .Assembly 1 EA 6000 6.000.00 9000 9.000.00 5000 5,000.00 44 Relocate Fire Hydrant Assembly 1 EA 5000 5,000.00 8000 8,000.00 4000 4,000.00 45 Remove & Relocate Street Sign 11 EA 160 1,760.00 175 1.925.00 200 2.200.00 46 Remove & Relocate Depot Parking Sign 1 EA 200 200.00 225 225.00 250 250.00 47 Traffic Sign 8 EA 200 1.600.00 250 2,000.00 300 2,400.00 48 Remove & Salvage Street Signs 14 IA 30 420.00 30 420.00 30 420.00 49 Street Striping (0-4000) 2057 LF 1.5 3,085.50 1 2,057.00 1 2.057.00 50 Pavement Markers 76 FA 7 5 32.00 3.25 247.00 3 228.00 51 Thermoplastic with Glass Beads 260 SF 4 1.040.00 3 780.00 3 780.00 52 Blue Pavement Marker 2 EA 100 200.00 11 22.00 50 100.00 53 Depot Feature l_:p-Lighting & Al] Appurtenances Including Wiring to 1:xisting Panel 1 1,S 15800 15.800.00 16000 16,000.00 30000 30,000.00 54 Veliieular Sli lme Gate & All .Appurtenance lncludi 'iring :o Existing Panel 1 1_S 10 21,000.00 30000 30.900.00 28000 28.000.00 Marit... _.ateway Streetscape- Spec # 08-16 Koch - Armstrong LB Civil Construction �., . nterprises NO. ITEM QTY UNIT UNIT PRICE AMOUNT LJNIT PRICE AMOUNT LTNIT PRICE AMOUNT 55 Concrete Mowcurh (SDRSD # L-4) 300 IT 15 4,500.00 15 4,500.00 10 3,000.00 56 Stone Pilasters 3 EA 2500 7,500.00 5500 16,500.00 4000 12,000.00 57 Mailbox w/ Post 1 EA 800 800.00 600 600.00 300 300.00 58 Steel Fencing 320 LF 66 21,120.00 70 22,400.00 70 22,400.00 59 Single Swing Access Gate 1 EA 2000 2,000.00 2500 2,500.00 2400 2,400.00 60 Double Swing Access Gate • 3 EA 4000 12,000.00 4200 12,600.00 3000 9,000.00 61 Boardwalk 3922 SF 24 94,128.00 23 90,206.00 19 74,518.00 62 Boardwalk Cross Over 1 LS 5500 5,500.00 3500 3,500.00 2000 2,000.00 63 DO Paving at Tree Pits 2700 SF 1.5 4,050.00 2 5,400.00 3 8,100.00 64 DO Paving at Depot Display Yard 21880 SF 3.4 74,392.00 2.25 49,230.00 4 87,520.00 65 Cast Iron Tree Grates 9 EA 5000 45,000.00 5000 45,000.00 2000 l 8,000.00 66 Tree Uplighting (Including Conduit, Wiring & Pull Boxes) 97 EA 513 49,761.00 520 50,440.00 800 77,600.00 67 Barrier Protection Per SDG&1: Std 3481.1 1 1.S 5240 5,240.00 4500 4,500.00 2000 2,000.00 68 Water Quality Planter Box (Cleveland Avenue) 1 LS 2000 2,000.00 4000 4,000.00 4000 4,000.00 69 Gravel Water Quality Feature 1 LS 3000 3,000.00 5500 5,500.00 4000 4,000.00 70 Misc. Utility Removal & Abandonment 1 LS 6000 6,000.00 7000 7,000.00 5000 5,000.00 71 Adjust Existing Underground Dry Utility Facilities to New Finished Grade 1 L,S 30 30.00 2500 2,500.00 10000 10,000.00 72 Landscape & Irrigation 1 LS 312000 312,000.00 275000 275,000.00 260000 260,000.00 73 Temporary Traffic Control 1 LS 17000 17.000.00 8000 8,000.00 20000 20.000.00 74 Conduit & Wiring for Existing Pylon Depot Light (Including Wiring to Existing Panel) 1 LS 2000 2,000.00 4000 4,000.00 10000 10,000.00 75 Install Bench Mark pet SDRSD M-1 1 2 EA 1000 2,000.00 1 100 2,200.00 1500 3.000.00 76 Remove Existing 10- VCP Sewer Main and Replace with 12". SDR-35 PVC 1225 LF 60 73,500.00 50 61,250.00 100 122,500.00 77 Remove Existing 10' VCP Sewer Main and Replace with 10'', SDR-35 PVC 100 LF 63 6,300.00 65 6,500.00 100 10,000.00 78 Remove & Replace Existing MH #898 I EA 5000 5,000.00 9500 9,500.00 7000 7.000.00 79 Remove & Replace Existing Mil 4897 I EA 5000 5.000,00 6500 6,500.00 7000 7.000.00, 80 Remove & Replace Existing MI I 4896 I EA 5000 5,000.00 6500 6,500.00 7000 7.000.00 Marina Gateway Streetscape- Spec # 08-16 NO. ITEM QTY UNIT 81 Remove & Replace Existing MH #895 1 EA 82 Remove & Replace Existing MH #927 1 EA UNIT PRICE 5000 5000 83 Cut in 12"x 12"x 8" Tee Connection on Bay Marina Drive 1 EA 84 12" Butterfly Valve EA 85 Wet Tap at State 13+63.60 23"' Street 1 EA 86 6" Steel Casing 35 LF 5000 3925 1000 32.5 BASE BID Koch - Armstrong AMOUNT 5,000.00 5,000.00 5,000.00 7,850.00 1,000.00 1,137.50 $ :1,916,282 3.5 Bid Alternative # l : Lithocrete: As shown on Sheets 10102-D. 10103-D and 10104-D of the Marina Gateway Streetscape, replace 6,890 square feet of intersection pavement (Item No. 23) with 6,890 square feet of Lithocrete (pattern and color per landscape plans). City's representative to select design alternative based on cost and aesthetic considerations. UNIT PRICE 6500 6500 7500 2500 4000 135 LB Civil Construction AMOUNT 6,500.00 6,500.00 7,500.00 5,000.00 4,000.00 4,725.00 $ 1992,421.00 UNIT PRICE 7000 7000 5000 6000 2993 200 3ll Enterprises AMOUNT 7.000.00 7.000.00 5.000.00 12,000.00 2,993.00 7.000.00 $ 1,961.,626.0Q 23A Lithocrete 6890 SF 38 261,820.00 25 172,250.00 30 206,700.00 BID ALTERNATIVE #1 TOTAL $ 261,820.00 TOTAL $ 172,250.00 TOTAL S 206,700.00 Bid Alternative #2: Colored Concrete: As shown on Sheets 10102-D, 10103-D and 10104-D of the Marina Gateway Streetscape, replace 6,890 square feet of intersection pavement (Item No. 23) with 6,890 square feet of colored concrete (pattern and color per landscape plans). City's representative to select design alternative based on cost and aesthetic considerations. 23B Colored Concrete 6890 SF 8 55,120.00 8.5 58,565.00 10 68.900.00 BID ALTERNATIVE #2 TOTAL $ 55,120.00 TOTAL $ 58,565.00 TOTAL $ 68,900.00 Bid Alternative 43: If salvaged railroad ties are damaged during removal and are determined by the City's representative to be unusable for installation, Contractor is responsible to purchase new railroad ties (assume 50°% of railroad ties are damaged). City's representative to select design alternative based on cost. 7A Additional Disposal of Railroad Ties 1 LS 52000 52,000.00 1300 1,300.00 400 400.00 7B Purchase of New Railroad Ties 26 LF 77 2,002.00 5 130.00 400 2,000.00 Mari......ateway Streetscape- Spec # 08-16 Koch- Armstrong LB Civil Construction ,u Enterprises NO. ITEM QTY UNIT UNI F PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT BID ALTERNATIVE #3 TOTAL $ 54,002.00 TOTAL $ 1,430.00 TOTAL $ 2,400.00 Bid Alternative #4: The turf cell pavers (Item 25) is replaced with porous concrete and railroad tie installation is replaced with additional striping, and the additional disposal of railroad ties. City's representative to select design alternative based on cost. 25A Porous Concrete 8814 SF 18 158,652.00 14 123,396.00 16 141,024.00 7C Additional Disposal of Railroad Ties 1 LS 52000 52,000.00 1300 1,300.00 10000 10,000.00 48A Additional Striping 1 LS 1000 1,000.00 230 230.00 2000 2,000.00 BID ALTERNATIVE #4 TOTAL $ 211,652.00 TOTAL $ 124,926.00 TOTAL $ 153,024.00 Bid Alternative #5: Remove 150 lineal feet of existing 6" force main and replace with 10". C-900 PVC force sewer main from Manhole No. 898 south for 150 lineal feet to existing force main angle point City's representative to select alternative based on cost. 80A 10", C-900 PVC (Cost of installation of the pressure sewer main shall include connection to the existing line with concrete collar per SDRSD D-62.) 150 LF 105 15,750.00 65 9,750.00 150 22,500.00 BID ALTERNATIVE #5 TOTAL 15,750.00 TOTAL 9,750.00 TOTAL 22,500.00 City of National City, California COUNCIL AGENDA STATEMENT METING DATE September 15, 2009 AGENDA ITEM NO. 15 ITEM TITLE TEMPORARY USE PERMIT — St. Mary's Fall Festival & Fund Raiser hosted by St. Marys Church on October 4, 2009 at the Parish Grounds located on 8th Street & E Avenue. from 7 a.m. to 6:30 p.m. with no waiver of fees PREPARED BY Vianey Rolon, 336-43964 DEPARTMENT Neighborhood Services Division EXPLANATION This is a request from St. Mary's Church to conduct the 2009 St. Mary's Fall Festival & Fund Raiser event at their Parish Grounds on 8'h & E. Ave. on October 4, 2009. This event features approximately 20 vendor booths, including food booths, Knight's of Columbus, and religious booths. In addition to a request for N.C.S.V. and Reserves, internal security will be provided by St. Mary's Church. Environmental Review X NIA Financial Statement The City has incurred $237.00 for processing the TUP through various City departments, plus $100.00 for the Fire permits. Total fees are $337.00. Approved By: Finance Director Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees. BOARD 1 COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. is Application for a Temporary Use Permit with recommended approvals and conditions of approval. A-200 (9/99) CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: St. Mary's Church EVENT: St. Mary's Fall Festival & Fund Raiser DATE OF EVENT: October 4, 2009 TIME OF EVENT: 7 a.m. to 6:30 p.m. APPROVALS: PLANNING/BUILDING YES [ x ] NO [ ] SEE CONDITIONS [ ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ ] ENGINEERING YES [ x ] NO [ ] SEE CONDITIONS [ ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ ]. CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ ] CONDITIONS OF APPROVAL: PUBLIC WORKS (619) 336-4580 Public Works Department staff has reviewed the application for subject Temporary Use Permit (TUP) and recommends approval with no involvement by Public Works. Please Note: The applicant is not requesting use of the City stage or PA system. Therefore, the PA system and/or the stage will not be provided. Thank you for the opportunity to comment on this TUP. Please let me know if you need any other information FIRE (619) 336-4550 Stipulations required by the Fire Department for this event are as follows: I) Access to the church to be maintained at all times, to both entrances and Fire Department connections for fire sprinkler systems, standpipes, etc. 2) Fire Hydrants shall not be blocked or obstructed. 3) Fire Department access into and through the festival areas are to be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches 4) Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s). 5) Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s). 7) All cooking booths or areas to have one 2A:10BC fire extinguisher. If grease or oil is used in cooking a 40:BC or class "K" fire extinguisher will be required. Concession stands utilized for cooking shall have a minimum of 10 feet of clearance on two sides. All fire extinguishers to have a current State Fire Marshal Tag attached. Please see attached example. 8) Fire extinguishers to be mounted in a visible location between 3'h` to 5' from the floor to the top of the extinguisher. Maximum travel distance from an extinguisher shall not be more than 75 feet travel distance. Please see attached example. 9) If Charcoal is being used, provide metal cans with lids and label "HOT COALS ONLY" for used charcoal disposal. 10) A fire safety inspection is to be conducted by the Fire Department prior to operations of the event to include all cooking areas etc. 11) Required inspections taking place, after hours, holidays, and weekends will be assessed a minimum of one hundred ($100.00) dollars. Fee is to be paid to the Fire Depaitinent Administration offices under separate permit. Fee is to be paid directly to the National City Fire Department Administration offices prior to event. 12) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" only. a 13) If tents or canopies are used, tents having an arca in excess of 200 square feet and or canopies in excess of 400 square feet or multiple tents and or canopies placed together equaling or greater than the above stated areas, are to be used, they shall be flame-retardant treated with an approved State Fire Marshal seal attached. A ten feet separation distance must be maintained between tents and canopies. A permit from the Fire Department must be obtained. Cooking shall not be permitted under tents or canopies unless the tents or canopies meet "State Fire Marshal approval for cooking. If cooking is to be done, a ten feet separation shall be maintained from cooking appliance and canopies. Certificate of State Fire Marshal flame resistancy shall be provided to the National City Fire Department if applicable. If canopies maintain a ten feet separation distance from one another, no charge will be assessed. Canopies: Tents: 0-400sf- $0 401 — 500 sf - $250.00 501 — 600 sf - $300.00 601 — 700 sf - $400.00 0 —200 sf - $200.00 201 — (+) sf - $400.00 14) First Aid will be provided by organization Note: Fees can only be waived by City Council. „f Event: .`..lic Concert ade on Picture Fair Demonstration Grand Opening Titled”- '—nC Location: r Date(s): From io(�-.gip Month/Day/Year ri Event Hours:'?. a Nam/pm to (." ?jQ am/40 Setup/assembly/construction Date:'l) h 1 Start time: it) ` 11'til Please describe the scope of your setup/assembly work (specific details)SQt' V19- Dismantle Date: lArloikie' ®tmpletion Time: Q_( _�_YI'famfpm i any street(s) requiring closure as a result of this event. Include street name(s), day and ae of closing and day and time of reopening. Nk r' -�� cir ( l u l u Sponsoring Organization: ✓Festival Circus Other Community Event Block Party IA ROL 1St %Ct LDc&\ cc tt :5 t Total Anticipated Attendance:U l4kta hj,�� (_ Participants) ( vr Spectators) r Profit Not -for -Profit Chief Officer of Organization Name 4 Applicant (Name): )0 € bs.)t Address:Li i . L • r aC__ Daytime Phone: kei. tkiAlk 1 Q Evening Phone: tell, tticV `tFax: ( Contact Person "on site" day of the event: trt 0 r' C1Re e.,SC2Q i__ Pager/Cellular: NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 5 Is your organization a 'Tax Exempt, nonprofit" organization? EYES NO Are admission, entry, vendor or participant fees required? YES NO If YES, please explain the purpose and provide amount(s): $ Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ Estimated Expenses for this event. $ What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. s \fie,c‹,- ij A\ lae-f ooc ,-tfoott \104--ee ,lelfhcm # ol-Lt Kikke1 keg:i, Ca (ux A tAs Yoti,A1- O (0 I Viltingi �� oa err-ecL 342.-e-,Fit d n ae > is ear i YES kitO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: VI )u►l,T. i—exre 4 r &i 4-t YES it NO Does the event involve the sale or use of alcoholic beverages? /YES NO Will items or services be sold at the event? If yes, please describe: `-k) /C> lr )(4,r1 ' i lk t� S • ((L'r\ c weke—Co i�3 f6\k\IZAr YES V NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the d direction of travel, and provide a written narrative to explain your route. YESV NO Does the event involve a fixed venue site? If YES, attach a detailed site map / iii showing all streets impacted by the event V YES NO Does the event involve the use of tents or canopies? If YE Number of tent/canopies3-Sizes � a l0. ((- ©C C t NOTE: A separate Fire Department permit is required for tents or can pies. is j )()fvt 4Wti�iluActacVill'&-'i Lturt YES o Wilt the event involve e use o the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. Food Concession and/or Food Preparation areas Pleasedescribe howifood will be served at the event: \ L,cuv <1� �j iL- - �`C_$- r 90Cy � 11L-ex.�i� t \l .a..ctu (,'1AG` ckf cA.. 0 r ?e,o11(e- t : t If o intend topook food in the ent area please specify the method: I you, VELECTRIC CHARCOAL OTHER (Specify): Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) Tables and Chairs Fencing, barriers and/or barricades Generator locations and/or source of electricity ➢ Canopies or tent locations (include tent/canopy dimensions) Booths, exhibits, displays or enclosures Y Scaffolding, bleachers, platforms, stages, grandstands or related structures Vehicles and/or trailers Other related event components not covered above Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: avr i t, tl AAW--1 a.r-bci942- tank etc-. - rt5tu,, Please describe your procedures for both Crowd Control and Internal Security:� )' n icwo` W_ 2 lc'`�e\''l/O-S C1,1 -Pdk>_ twit, ig ( L k . tkA,Ke, (ulcer e Lurk __ YES NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: YES JNO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. ,N(A, kAAtt-ti:6- (i so rii-ca Peca.R._ Please describe your Acces ibility Plan for access at your event by individuals with disabilities: Please provide a detailed description of your PARKING plan: Please describe your plan for DISABLED PARKING: Pi Jescribe your plans to notify all residents, businesses and churches impacted by the NC • Neighborhood residents must be notified 72 hours in advance when events are sci led in the City parks. "'YES NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Type of Music: Number of Bands: YES VINO Will sound amplification be used? If YES, please indicate: Start time: YES ✓ NO Will sound checks he conducted prior to the event? If YES, please indicate: am/pm Finish Time am/pm Start time: \. Lk am/'pm Finish Time 6,,0 h am/C' Please describe the sound equipment that will be used for your event: �/ YES AO Fireworks, rockets, or other pyrotechnics? If YES, please describe: -YES NO Any signs, banners, decorations, special lighting? If YES, please describe: c r(--,1,ti 1 Cm f J IC1 V19 C 4 ba-vt,tAA) tiAntr to at) . a-tik. r& Revised 08/10/05 ND (fit4it-1 proc,„1-1 Event: For Office Use Only Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department 16 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT is requesting use of City property, facilities or personnel are required to e a minimum of $1,000,000 combined single limit insurance for bodily rid property damage which includes the City, its officials, agents and ;ees named as additional insured and to sign the Hold Harmless cment. Certificate of insurance must be attached to this permit. ,ization 5 Fh G1Y L` eak'kNJ 1 �� bA uratA :n in Charge of Activity0tk-f. Al I c.a.. S ? e 3e_r ress hone (e:(! - t g- Date(s) of Use tI b - - D q HOLD HARMLESS AGREEMENT condition of the issuance of a temporary use permit to conduct its activities :f Iic or private property, the undersigned hereby agree(s) to defend, unify and hold harmless the City of National City and the Parking Authority its officers, employees and agents from and against any and all claims, a:L;nands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and costs of litigation, arising out of or related to the use of public property or the tivity taken under the permit by the permittee or its agents, employees or contractors. £aitle e of Applicant g=0 & 09 Date c�za-�iy`a� Office Use Only Certificate of Insurance Approved Date REQUEST FOR WAIVEROFF ' S Non-profit organizations, which meet the criteria on pa be considered for a waiver. If you would like to requ processing fees, please complete the questionnaire v of the instructions, will t a waiver of the elow. 1. Is the event for which the TUP is soug sponsored by a non-profit organization? Yes (proceed to Question 2 No (Please sign the form a • submit it with the TUP Application) 2. Please state the name and ty-,e of organization sponsoring the event for which the TUP is sought : nd then proceed to Question 3. Name of the sponsoring o ganization Type of Organization (Service Club, Church, Social Se ice Agency, etc.) 3. Will the event genere net income or proceeds t the sponsoring organization? Yes (Please . oceed to Question 4) No (Please . ign the form and submit it with the TUP Applic tion) 4. Will the proce who resides i need due to s provide a direct financial benefit to an individual or is employed in the city, and who is in dire financial alth reasons or a death in the family? Yes (PI ase provide an explanation and details. No ( lease proceed to Question 5) ra 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: No (P lease sign the form and submit it with the TUP Application) Signature Date 1,5 • • QJ 4 Ea-PRA►t-- 800r14 WEST WALL eNTER7'Amt a/r. Law_ dol 1 SEwNzG CLUB GdU,wTRy STORE EAST WALL C7�r� 1 e- CST-rRco City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE September 15, 2009 AGENDA ITEM NO. 16 ITEM TITLE TEMPORARY USE PERMIT — National City "Got" Talent 2nd Annual Amateur Competitio which will take place in the National City Public Library at 1401 National City Boulevard on October 17, 2009 from 10 a.m. to 2 p.m. with Request of Waiver of Fees by the applicant . PREPARED BY Vianey Rolon 336-4364 DEPARTMENT Neighborhood Services Division EXPLANATION This is a request from National City Public Library to conduct National City's Got Talent Amateur Competition event at 1401 National City Boulevard on October 17, 2009. This event is scheduled from 10 a.m. to 2 p.m. This event will feature a talent show, food booths, and information booths. The event will include six 10'x10' canopies and the possibility of a 30'x50' canopy to provide shade for the audience. A propane grill will be used for food preparation. The organizers will utilize the City's stage, sounds system and podium for the talent show. Various type of music will be played. Environmental Review X N/A Financial Statement Approved By: The City has incurred $237.00.00 for processing the Finance Director TUP through various City departments, plus $200.00 for the Fire permits, and $1384.50 for Public Works. Total fees are $1821.50 Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with a Request of Waiver of Fees by the National City Public Library. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below Resolution No. Application for a Temporary Use Permit with recommended approvals and conditions of approval. A-200 (9/99) CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: National City Public Library EVENT: National City Got Talent Amateur Competition DATE OF EVENT: October 17, 2009 TIME OF EVENT: 10 a.m. to 2 p.m. APPROVALS: PLANNING/BUILDING YES [ x ] NO [ RISK MANAGER YES [ x ] NO [ ENGINEERING YES [ x ] NO [ PUBLIC WORKS YES [ x ] NO [ FINANCE YES [ x ] NO [ FIRE YES [ x ] NO COMMUNITY SERVICES YES [ x ] NO [ POLICE YES [ x ] NO [ NEIGHBORHOOD SERVICES YES [ x ] NO [ CITY ATTORNEY YES [ x ] NO [ SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS CONDITIONS OF APPROVAL: FINANCE (619) 336-4330 Approved by Finance (Business License). Specific Conditions of Approval: If there are outside vendors (I don't believe that there are) they should be licensed RISK MANAGER (619) 336-4370 I've reviewed the application for the proposed use and note that the event will be held entirely on City property at the library. The applicant sponsoring organization is the City's Library Department so no separate insurance is required. While the event itself poses no unusual risk to the public or City assets, there is always the risk of bruised egos and sore losers. Otherwise, I have no objections to the application. Let me know if you have any questions. FIRE (619) 336-4550 Stipulations required by the Fire Department for this event are as follows: 1) Access to 15`h Street to be maintained at all times. 2) Fire Department access into and through the parking lot are to be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches 3) If chairs are used, they must be placed in a position as to not obstruct roadway access. Roadway must remain clear to allow for emergency traffic (20 Feet). 4) Fire Hydrants and fire department connections shall not be blocked or obstructed at any time. 5) Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s). 6) Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s). 7) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" only. 8) If tents or canopies are used, tents having an area in excess of 200 square feet and or canopies in excess of 400 square feet or multiple tents and or canopies placed together equaling or greater than the above stated areas, are to be used, they shall be flame- retardant treated with an approved State Fire Marshal seal attached. A ten feet separation distance must be maintained between tents and canopies. A permit from the Fire Department must be obtained. Cooking shall not be permitted under tents or canopies unless the tents or canopies meet "State Fire Marshal approval for cooking. Canopies: 0 — 400 sf - $0 401 — 500 sf - $250.00 501 — 600 sf - $300.00 601 — 700 sf - $400.00 Tents: 0 —200 sf - $200.00 201 — (+) sf - $400.00 rovide map of lay -out. If you have any questions please feel free to contact me. 2 PUBLIC WORKS (619) 336-4580 Public Works recommends approval of the TUP and submits the following costs: Street Division: No involvement Parks Division: 1. The cost to provide 2 Park Maintenance personnel is estimated to be $921.50 for overtime for stage set up and break down and 9 hrs to work the event a. $368.60 for setup of stage b. $368.60 for break down of stage c. $184.30 for clean up after the event. 2. The city stage and PA system will be provided by the Parks Division. Facilities Division: 1. The cost of labor for the electrician is 6 hrs overtime @ $33.32/hr for a total of $199.92 2. The cost for tables and chairs is a. 10 tables @ $1 ea or $10 b. 100 chairs @ $.75 ea or $75 3. Labor for 2 custodians x 4 hrs each overtime @ $22.26/hr for a total of $178.08 Unless waived by City Council, the applicant shall pay: $921.50 to Parks Acct #105-442-000-102-0000 $378.00 to Facilities Acct #626-422-223-102-0000 $85.00 for table and chairs rental to Facilities Maintenance Miscellaneous Revenue Acct #R626-00000-3634 Type of Event: _ Public Concert Parade Motion Picture Fair _ Demonstration Grand Opening Festival Circus Other X Community Event _ Block Party Event Title_ 2 ANIMA KaiThi&Q CJ11 ClD'4 Taieytf Event Location: (4ot N&hiyt t,t Cam{ } 8l va . Nafia 1 f Ct 4 , C, a 1 R Sa Event Date(s) : From l0(t3 jO4 to 10(0109 Total Anticipated Attendance: Z23" Month/Day/Year ( ,25 Participants) (,'too Spectators) Actual Event Hours: 10 eipm to ,2.. am/0 Setup/assembly/construction Date: 10/17(o9 Start time: oo Please describe the scope of your setup/assembly work (specific details): Mobile Stine.-1-0.ble5ckt,(y6 camopt2s Dismantle Date: )Oj(1-1O9 Completion Time: Z:30 am) List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. N /A Sponsoring Organization: Kla.-4 V1G.l C-t'{Y Ptrb(t7 (i bray.../ For Profit is Not -for -Profit Chief Officer of Organization (Name) M i h tit lDIACYVt, Applicant (Name):cj.e K I�15 JO rnetrt Address: 114-0( r\16+01,1c. ( B1 i ct - N0.f1 csva l U FL/ catA ctlq Daytime Phone: (61q)410 - 5865 Evening Phone: ( ) Fax: ((@) 4[PQ —5b68 Contact Person on site" day of the event Kri.5 Jot-3v1 etrt Pager/Cellular: el)1 - 3(08 - 6845 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 5 'too Is your organization a "Tax Exempt, nonprofit" organization? %_ YES _ NO Are admission. entry. vendor or participant fees required? _ YES X NO If YES. please explain the purpose and provide amount(s): $ 3350.00 Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ 45b.ba Estimated Expenses for this event. $ 0 What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals. rides or any other pertinent information about the event. ra.iev t campeki Ft cs� PPorkLuA-i (7ra r o rvt q I'r.e par karfed -Food 6ai-es IV1f rtv -ti.,n obTh5 YES _ NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: YES X NO Does the event involve the sale or use of alcoholic beverages? X YES _ NO Wi,ll items or services be, sold at the event? If yes, please describe: e f I� Qad� .a �(1 & L _ YES 3(NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. YES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. YES _ NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies 1t -15 Sizes 1OX 10 NOTE: A separate Fire Department permit is required for tents or canopies. X YES _ NO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: ➢ Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. ➢ Food Concession and/or Food Preparation areas Q /� l Please describe how food will be served at the event: 1 a V4t {ppq, c..1+84116 , 60dit5 If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): N/!Z ➢ Portable and/or Permanent Toi t Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) ➢ Tables and Chairs WIG rfitS4MY146 ty_ 12 > Fencing, barriers and/or barricades ➢ Generator locations and/or source of electricity ➢ Canopies or tent locations (include tent/canopy dimensions) ➢ Booths, exhibits, displays or enclosures > Scaffolding, bleachers, platforms, stages, grandstands or related structures > Vehicles and/or trailers > Other related event components not covered above > Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: k, Trash containers with lids: Alr Describe your plan for clean-up and removal of waste and garbage during and after the event: Tre4k cws duAt r Please describe your procedures for both Crowd Control and Internal Security: �. ivefr a Of6cet i iteidQii . YES NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: _ YES NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. tat Fhn . `b mite*, F1re, D¢pt, Please describe your Accessibility Plan for access at your event by individuals with disabilities: . (ibr&nj iS to Cen9(io4eZ Sol imik Ill e aft:7 • Please provide a detailed description of your PARKING plan: trn *get Ur Please describe your plan for DISABLED PARKI G: 'FRS iOptic" 4b actsynodakte. TAaFzlect f a4kms rA e $e,pt,'p., t6 . e6 Number of Stages: 1 Number o Type of Music: Wale, X_ YES _ NO Will sound amplification be used? If YES, please indicate: Start time: 0 pm Finish Time Z amo k YES _ NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: V a rr 'pm Finish Time (0 Opm Please describe the sound equipment that will be used for your event: Please describe your plans to notify all residents, businesses and churches impacted by the event: NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. Zi YES NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. au'' 25 YES NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: y, YES _ NO Any signs, banners, decorations, special lighting? If YES, please describe: g Revised 08/10/05 Event: For Office 'Use Only Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department 10 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization Person in Charge of Activity Address Telephone Date(s) of Use HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors_ Signature of Applicant Official Title Date For Office Use Only Certificate of Insurance Approved Date Lf Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver_ If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? ,x Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization Wilma U1 Um Libel Type of Organization 1..ibtrii (Service Club, Church, Social Service Agency etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) S No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. X No (Please proceed to Question 5) 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. XNo (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. XNo (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: No (P lease sign the form and submit it with the TUP Application) Signature Date $I, '\q City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE September 15, 2009 AGENDA ITEM NO. 17 ITEM TITLE TEMPORARY USE PERMIT — National City Public Safety Fair hosted by the Police, Fire, and Community Services Departments on October 31, 2009 from 10 a.m. to 2 p.m. at Kimball Park. This is a National City sponsored event and qualifies for a waiver of fees pursuant to Policy No. 804. PREPARED BY EXPLANATION Vianey Rolon, 336-4548 DEPARTMENT Neighborhood Services Division This is a request from the Community Services Department to conduct the National City Public Safety Fair at Kimball Park on October 31, 2009. This event consists of law enforcement/public safety displays, with promotional and safety materials. A helicopter will land in the park as part of the display, and public safety vehicles will also be displayed. The NCPD Explorers will have a BBQ at this event. This event requires the use of the City's stage, tables, and chairs. The National City Police Depai tment will be on hand for all security surrounding the event. This event is sponsored by the City of National City, and is thus eligible for a waiver of fees as stated by City Council Policy #804. Environmental Review X N/A Financial Statement Approved By: The City has incurred $237.00 for processing the TUP through various City departments Finance Director plus $1095.91 for Public Works and $200.00 for the Fire Permits and Inspection. Total fees: $1532.91. Per Council Policy #804, this event qualifies as a National City sponsored event; the fees will be paid out of the non -departmental fund. Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with a waiver of fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Application for a Temporary Use Permit with recommended approvals and conditions of approval. A-200 (9/99) CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Community Services Dept. EVENT: National City Public Safety Fair DATE OF EVENT: October 11, 2008 TIME OF EVENT: 10 a.m. to 2 p.m. APPROVALS: RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] NEIGHBORHOOD SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] ENGINEERING YES [ x ] NO [ ] SEE CONDITIONS [ ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ ] BUILDING/PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ ] CONDITIONS OF APPROVAL: RISK MANAGER (619) 336-4370 I've reviewed the application for the proposed use and note that the event will be held primarily on City property at Kimball Park. The applicant sponsoring organization is the City's Community Services Department, in conjunction with National City Police and Fire Departments, so no separate insurance is required. AMR will be providing first aid on site and NCPD will provide necessary security. The agency performing the helicopter landings must provide evidence of insurance of at least $5M per occurrence, $ I OM aggregate and the City must be named as an additional insured per endorsement. If the helicopters are being flown by members of a public entity which is self -insured, a letter of self insurance will suffice. I will follow up directly with Kaseem regarding the contact person for the aircraft liability coverage. Otherwise, I have no objections to the application. Let me know if you have any questions. FIRE (619) 336-4550 Stipulations required by the Fire Department for this event are as follows: 1) Access to the street to be maintained at all times, to both entrances and Fire Department connections for fire sprinkler systems, standpipes, etc. 2) Fire Department access into and through the camp areas are to be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches 3) Fire Hydrants shall not be blocked or obstructed. 4) Participants on foot arc to move immediately to the sidewalk upon approach of emergency vehicle(s). 5) Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s). 6) Perimeter for helicopter landings shall be secured prior to landing 7) Provide a 2A:10BC fire extinguisher at stage. Extinguisher to be mounted in a visible location between 31/2' to 5' from the floor to the top of the extinguisher. Maximum travel distance from an extinguisher shall not be more than 75 feet travel distance. 8) All cooking booths or areas to have one 2A:IOBC. If grease or oil is used in cooking a 40:BC or class "K" fire extinguisher will be required. All fire extinguishers to have a current State Fire Marshal Tag attached. (See Attached). 9) If Charcoal is being used, provide metal cans with lids and label "HOT COALS ONLY" for used charcoal disposal. 10) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" only. 11) If tents or canopies are used, tents having an area in excess of 200 square feet and or canopies in excess of 400 square feet or multiple tents and or canopies placed together equaling or greater than the above stated areas, are to be used, they shall be flame-retardant treated with an approved State Fire Marshal seal attached. A ten feet separation distance must be maintained between tents and canopies. A permit from the Fire Department must be obtained. Cooking shall not be permitted under tents or canopies unless the tents or canopies meet "State Fire Marshal approval for cooking. PUBLIC WORKS (619) 336-4580 Parks Division 1. Parks will set up the City Stage and PA 2. The cost to provide park maintenance personnel for this event is estimated to be $1013.65 for stage set up and breakdown of the standard stage (13X28) a. Set up $368.60 b. Break down $368.60 c. 2 Staff lhrs $92.15 Total $829.35 Thank you for the opportunity to comment on this TUP. We would appreciate receiving a copy of the final approval / denial report after it is submitted to the City Council for their consideration. Please let me know If you need any other information. Facilities Division: Facilities Division: The cost of labor for the electrician is 8 hours overtime @ $33.32/hr for a total of $266.56. Unless waived by the City Council, the applicant shall pay $1,291.32 for staff costs associated with this permit request. This cost was estimated as follows: Parks Division: $ 829.35 Facilities Division: $ 266.56 Total: $1095.91 Type of Event: Public Concert Parade _ Motion Picture air Festival _Community Event Demonstration Circus _ Block Party Grand Opening _ Other Event Title: I VBUC SM-C ! FAIR Event Location: r 3 /Q!( Event Date(s): From /0/3) to / J/ otal Anticipated Attendance: Month/Day/Year (%„O Participants) (tgso Spectators) Actual Event Hours: I 0 63/pm to 2— am/ 16,01 Setup/assembly/construction Date: iO/3( Start time: 7 iin Please describe the scope of your setup/assembly work (specific details): J f'i/t1L(QvS Ohl>: b'-r-v• e e_ I k) I / j r--; (A TB t ) Sik Cyr;, 1 Pb tqut pftP - tet- -rA „ �rt�n t ico PA. -- Dismantle Date: ( ! " / Completion Time: 3 am/ re,i fii10.L"�� List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. Sponsoring Organization: NC PD) NCFDJ Cbtytkhvo Ji't-. Chief Officer of Organization (Name) Applicant (Name): Address: For Profit t -Not-for-Profit Kale.-, 13n 1 � E 18h Daytime Phone: (fP ) i lltfEvening Phone: ff��q) gJ U 7 59 Fax: tif)1?) 3 q,'1-qZ C_ Contact Person "on site" day of the event: t i3 CL, f z Pager/Cellular: (i1"I ,J 3 r+1 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 5 Is your organization a "Tax Exempt, nonprofit" organization? Are admission, entry, vendor or participant fees required? If YES, please explain the purpose and provide amount(s): YES Y NO _ YES Y NO $/' T Estimated Gross Receipts including ticket, product and sponsorship sales from // this event. $ Estimated Expenses for this event. $ What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. 1214,101 t-v ?D ((c e) 41 i f tL rk.o4- ,$) 1 e) r c va p ��t �t. c » / ! 1(le, 4 frt f e ek (QS GI y! J 1) Ip -ea( OES NO If the event involves the sale of cars, will the cars come exclusively from y National City car dealers? If NO, list any additional dealers involved in the sale: _ YES KO Does the event involve the sale or use of alcoholic beverages? YES 141.0 Will items or services be sold at the event? If yes, please describe: _ YES 1/\1O Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route_ ✓YES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. /YES AO Will the event involve the use of the City stage or PA system? �-1- `' YES NO Does the event e se of tents or canopies? If YES Number of ten . nopies %0 Sizes I0 X 1 O NOTE: A separ- - - I epartment permit is required for tents or canopies. In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: ➢ Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. ➢ Food Concession and/or Food Preparation areas Please describe how food will be served at the event: A1/4- If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): ➢ Portable and/or Permanent Toilet Facilities re5-fr►-00(A s 0n 514-e Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there re facilities in the immediate area available to the public during the event) Tables and Chairs 2-© �p /. / ➢ Fencing, barriers and/orbarricades V A - Generator locations and/or source of e ectricity Z s ➢ Canopies or tent locations (include tent/canopy dimensions) T Booths, exhibits, displays or enclosures 20-30 ➢ Scaffolding, bleachers, platforms, stages, grandstands or rejated structures 1 5-1 e, ➢ Vehicles and/or trailers JO- j5' pa -bite- sere{ ve i c.tp5 D. Other related event components not covered abov ➢ Trash containers and dumpsters 7.0 um 60l[QS Z t arty bith*Cev (Note: You must properly dispose of waste and garbage throughodt the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: 21yy V Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the evLoii, S —&' VI lfl ro Ov e ue and L-i) Co t / 11 Dump 2 (Owl far Please describe your procedures for both Crowd Control and Internal Security: Jc PD _ YES ✓O Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: YES NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. CpP Aid eef41'ri 1, Please describe your Accessibility Plan for access at your event by individuals with disabilities: ci btt y i s 4-154 re4.69. Please provide a detailed description of your PARKING plan: atail able For uce )Ab,bj Oarlc Son tv►- c'Q Please describe your plan for DISABLED PARKING:64;t4thof rqs 41-Q 14Act 1& a (g641F sq. Please describeJyour plans to notify all residee�ntts`, businesses and church s impacted by the event: 7 cr%9 JCS1 {/ go[/�/ i�r �7 l477f-11. NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. YES _ NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Type of Music:^ Number of Bands: YES _ NO Will sound amplification be used? If YES, please indicate: Start time: /0" 64/pm Finish Time am) V YES _ NO Will sound checks be conducted prior to the event? If YES, please indicate: YES " NO Start time: pm Finish Time / (9pm Please describe the sound equipment that will be used for your event: Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES NO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 08/10/05 Event: for Office 'Use Only SSrggy if k Department C3anmury rry SVCS r Approved? Yes No Specific Conditions of Approval Date Initial Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department C0 Official Title City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization cry deA%TON9-L 0-Ty Person in Charge of Activity Kul St r1 IK R Address i tiQ c 1244, S-f' She E Telephone i' // ??1e5' �Z1`f Date(s) of Use / / J/o q HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant 'U-jr c �►� Date 7/3q°1 For Office Use Only Certificate of Insurance Approved Date I 1 National==ity Public Safsty Fair Kimball Park 0 100 200 400 Feet t t t t I t t t t 1 City of National City, California COUNCIL AGENDA STATEMENT —METING DATE September 15, 2009 AGENDA ITEM NO. 18 (TEM TITLE TEMPORARY USE PERMIT - Bayview Banner advertising "Condos from 125,000 (619) 336-0303': at the Bayview Tower building at 801 National City Boulevard from September 16, 2009 to February 17, 2010, with no waiver of fees. PREPARED BY EXPLANATION Vianey Rolon, 336-4364 DEPARTMENT Neighborhood Services Division This is a request from Pacifica Bayview LLC to to display the new Bayview Tower Advertising Banner from September 16, 2009 to February 17, 2010. The new banner reads "Condos from 125,000 (619) 336-0303"measuring 8ft x 80ft in navy blue background and white lettering. Environmental Review X N/A Financial Statement The City has incurred $237.00 for processing the TUP through various City departments Total fees are $237.00 Approved By: Finance Director Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees. This applicant has had (2) two prior TUP's for the banner display and on June 1, 2009 was issued a Notice of Violation by Code Enforcement for NCMC 18.62.020 Unlawful Display of banner as a result of displaying their banner after the TUP time frame had expired. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. Application for a Temporary Use Permit with recommended approvals and conditions of approval. A-200 (9/99) CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Pacifica Bayview LLC EVENT: Bayview Tower Banner DATE OF EVENT: July 8, 2009 to December 31, 2009 TIME OF EVENT: N/A APPROVALS: PLANNING YES [ x ] NO [ ] SEE CONDITIONS ( ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] ENGINEERING YES [ x ] NO [ ] SEE CONDITIONS [ ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] POLICE YES [ x ] NC) [ ] SEE CONDITIONS [ ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ ] CONDITIONS OF APPROVAL: FIRE (619) 336-4550 Stipulations required by the Fire Department for this event are as follows: 1) Maintain Fire Department access at all times. 2) Means of egress shall not be obstructed in any manner and shall remain free of any material or matter where its presence would obstruct or render the means of egress hazardous. 3) Access for Fire Department shall be maintained at all times. At no time shall fire lanes, fire hydrants, fire protection systems of all types etc. be obstructed at any time A minimum of 20 feet wide shall be maintained for the use of fire lanes. PUBLIC WORKS (619) 336-4580 Stipulations required by the Fire Department for this event are as follows: Public Works Department staff has reviewed the application for subject Temporary Use Permit (TUP) and recommends approval subject to the conditions listed below: Street Division No involvement. Park Division No involvement Facilities Division No involvement. Please let me know if you need any other information. RISK MANAGER (619) 336-4370 I've reviewed the application for continuation of the present use and note that the non -illuminated banner is displayed on the top of Bayview Tower, which is private property located at 801 National City Blvd. The banner is quite visible from the freeway. There does not appear to be any liability exposure on the part of the City, the Hold Harmless Agreement is signed and 1 have no objection to the application. a CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Pacifica Bayview LLC EVENT: Bayview Tower Banner DATE OF EVENT: September 16, 2009 to February 17, 2010 TIME OF EVENT: N/A APPROVALS: PLANNING YES 1 x ] NO [ ] SEE CONDITIONS [ ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] ENGINEERING YES [ x ] NO [ ] SEE CONDITIONS [ ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x FINANCE YES [ x ] NO [ ] SEE CONDI'I'IONS [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ ] CONDITIONS OF APPROVAL: FIRE (619) 336-4550 Stipulations required by the Fire Department for this event are as follows: 1) Maintain Fire Department access at all times. 2) Means of egress shall not be obstructed in any manner and shall remain free of any material or matter where its presence would obstruct or render the means of egress hazardous. 3) Access for Fire Department shall be maintained at all times. At no time shall fire lanes, fire hydrants, fire protection systems of all types etc. be obstructed at any time. A minimum of 20 feet wide shall be maintained for the use of fire lanes. PUBLIC WORKS (619) 336-4580 Stipulations required by the Fire Department for this event are as follows: Public Works Department staff has reviewed the application for subject Temporary Use Permit (TUP) and recommends approval subject to the conditions listed below: Street Division No involvement. Park Division No involvement. Facilities Division No involvement. Please let me know if you need any other information. RISK MANAGER (619) 336-4370 I've reviewed the application for continuation of the present use and note that the non -illuminated banner is displayed on the top of Bayview Tower, which is private property located at 801 National City Blvd. The banner is quite visible from the freeway. There does not appear to be any liability exposure on the part of the City, the Hold Harmless Agreement is signed and I have no objection to the application. 4 Type of Event: Public Concert Parade Motion Picture Event Title: Fair Demonstration Grand Opening Bayvi latioes Event Location: _ Festival _ Community Event Circus Block Party V.Other &.nnce -for )C&SQ,-iD eoi Mali ► cd Cify Event Date(s): From 7/) to !2/3) Total Anticipated Attendance- Month/Day/Year ( Participants) /- Spectators) Actual Event Hours: 8 G/pm to am/0 Setup/assembly/construction Date: Start time: Please describe the scope of your setup/assembly work (specific details): Dismantle Date: )/2/1Q Completion Time: am/pm List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. Sponsoring Organization: ?(,t(fIC& lcy/VIQ. Chief Officer of Organization (Name) -Ash 'scan i Applicant (Name): jfl UASTA., Pry I Address: 1785 IiMeekCit- 5fi', Ste- 100 , S'�,► ,DieyDf CA "f21/D Daytime Phone: (� ZQip-C/Qd Evening Phone: (WI 75 t-6493 Fax: « 'jj) 57q 10717$ xt3g Contact Person "on site' day of the event: Snot U D1 CU Pr t by' Pager/Cellular: (gf -- .751J -34L 3 ✓ For Profit Not -for -Profit NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 5 Is your organization a "Tax Exempt, nonprofit" organization? Are admission, entry, vendor or participant fees required? If YES, please explain the purpose and provide amount(s) YES / NO YES ✓ NO $ Estimated Gross Receipts including ticket, product and sponsorship sales from this event_ $ Estimated Expenses for this event. $ What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. 00t1-h atai 'im c. ko-nn<r on Ap o� 2yule Twee Jd' wh «h , Ski tnl cd- 50i kinfibigni CAfyP v. The) Paiirover d aw3 e rDS pccfi vim, re,5aerrh'c1 c rth / -k i t-s . 7'Y1 hki 16.8vt 'Pinup a IeaR) -up . YES _ NO If the event involves the sale of cars, will the cars come exclusively from /tic National City car dealers? If NO, list any additional dealers involved in the sale: D /YES ✓ NO Does the event involve the sale or use of alcoholic beverages? �/ YES NO Will items or services be sold at the event? If yes, please describe: 2ebtItn ;ca was rep t'f -5pr # lil/ be, bused _ YES /No Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. ✓ YES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. No -two i b 6trec-f- i mp<^Lf5 _ YES AO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies Sizes NOTE: A separate Fire Department permit is required for tents or canopies. YES ✓ NO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: 9_6 0,, Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. Food Concession and/or Food Preparation areas / Please describe how food will be served at the event: IA A If you intend to cook food in the event area please specify the method- GAS ELECTRIC CHARCOAL OTHER (Specify): Y Portable and/or Permanent Toilet Facilities -J r 1 0 ? WOMe�1 Number of portable toilets:- (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) A Tables and Chairs tS/f ➢ Fencing, barriers and/or barricades w.Vh • Generator locations and/or source of electricity t L/I\ • Canopies or tent locations (include tent/canopy dimensions) )J/A, ➢ Booths, exhibits, displays or enclosures •5ez, • Scaffolding, bleachers, platforms, stages, grandstands or related structures 14N • Vehicles and/or trailers WA, Other related event components not covered above 1J/t\ • Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area mu'st be returned to a dean condition) Number of trash cans: 5 Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: Dcfi-jY l,ii-er in cnd 6rvund -he. rvoctel Orr I z City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE September 15, 2009 AGENDA ITEM NO. 19 �TEM TITLE A report on vacant retail spaces and efforts to assist property owners with vacant retail spaces. PREPARED BY Patricia Beard ext 4255 ``tr Redevelopment Manager DEPARTMENT Community Development EXPLANATION The economic downturn of 2008-09 has resulted in decreased consumer spending, impacting several retailers in National City. Through direction from the City Manager's office, staff has been seeking to assist property owners in instances where stores, such as Mervyn's, Circuit City and auto dealers have closed. Staff will report on the status of retail vacancies and provide an update on efforts to refill currently empty retail spaces. (Please see the attached Background Report for detailed information about retail vacancies.) Environmental Review Not applicable Financial Statement Decreased consumer spending due to the economic downturn has resulted in a projected reduction of sales taxes to the General Fund for FY 09-10. Account No STAFF RECOMMENDATION Accept and file. BOARD / COMMISSION RECOMMENDATION STRATEGIC GOAL: 1c) Accurately forecast finances and manage investments wisely. ATTACHMENTS Resolution No. 1. Background Report ATTACHMENT 1 BACKGROUND REPORT In the autumn of 2008, the City learned that Mervyn's Department Stores were closing all stores nationally and going out of business. National City was home to two Mervyn's and would lose both jobs and municipal revenues due to the closures. As the economic downtown worsened, the City learned that Circuit City was also closing nationally and three new car dealerships on the Mile of Cars closed. The franchise for San Diego Dodge was bought by Tony McCune and consolidated into the McCune dealerships on the Mile of Cars, leaving a vacant dealership site. The Volvo and Saturn franchises were withdrawn from National City. The projected decrease in sales tax due to decreased consumer spending and business closures for fiscal year 2009-10 is more than $3 million dollars — a significant amount that is needed to fund police and fire services, keep public facilities open and maintain full City services for residents and businesses. The City is working with property owners facing vacancies to aide in retail recruitment. This Background Report provides a summary of the status of business vacancies and staff efforts. Mervyn's: Mervyn's stores were located at Plaza Bonita Mall and on Highland Avenue. The ground floor of the Plaza Bonita location has been leased to John's Incredible Pizza. This restaurant, which includes amusements such as a roller coaster and games, is an exciting addition to Plaza Bonita and is expected to open in spring, 2010. Staff is assisting Westfield, owners of Plaza Bonita, to locate a tenant for the second floor. SEA Properties, owners of the Highland location, have signed a grocery tenant — El Super Market — for most of the vacant retail space at the Highland Avenue location. The store is expected to open in the second quarter of 2010. Circuit City: Five nationally -known retailers are being pursued by Cushman Wakefield Realtors to fill the Sweetwater Road Circuit City site. These include TJ Maxx, 99 Ranch, Petco, JoAnn's and Fresh and Easy. Cushman and Wakefield believe one of these retailers will sign a lease for the site before year end. Mile of Cars: Staff is working with the Mile of Cars Association to launch a recruitment campaign for new dealers. Subaru of America, Inc. has filled the vacated Saturn dealership, however two dealership sites remain vacant. Please see the complete inventory of vacancies that follows. FOR LEASE 20091MiciosoftCoip 02008 Na41E0,andloYgtele.ptlas;Inc:tik 1 1040 National City Blvd. - National City, CA 91950 - Direct Lease Suite/Floor: Space Available: Space Type: Space 1 15,560 SF Office Office R&D http:ill isti ng.loopnet.com/1637Q467 Rental Rate: Lease Type: LoopNet ID: Status: $7.71/SF/Year Industrial Gross 16370467 Available 54 2 Grove Plaza Shopping Center - 2220-2240 E. Plaza Blvd., National City, CA 91950 -Direct Lease Suite/Floor: Space Available: Space Type: P-2 925 SF Shopping Center Neighborhood Center http:I/iiOng.loopnet.com/15426935 Rental Rate: Lease Type: LoopNetID: Status: $23.40/SFIYear NIA 15426935 Available Page 1 of 10 Created: 9/2/2009 LoopNet, Inc. © Copyright 1995 - 2009 This information comes from users and sources believed to be reliable, but is not guaranteed. Powered LoopNet 2 Grove Plaza Shopping Center - 2220-2240 E P'aza Bivd.. National City, CA 91950 - Direct Lease Suite/Floor: Space Available: Space Type: K-2 912 SF Shopping Center Neighborhood Center http://listing.ioopnet-com115426935 Rental Rate: Lease Type: LoopNet ID: Status: $23.40/SF/Year N/A 15426935 Available 2 Grove Plaza Shopping Center - 2220-2240 E. Plaza B'vd.. National City. CA 91950 - Direct Lease SuitelFloor: Space Available: Space Type: I-1 855 SF Shopping Center Neighborhood Center http:/Nisting.loopneLcom/15426935 Rental Rate: Lease Type: LoopNet ID: Status: $33.00/SF/Year NNN 15426935 Available 3 RETAIL/AUTOMOTIVE PROPERTY - 1532 National City Blvd. National City. CA 91950 - Direct Lease Suite/Floor: Space Available: Space Type: Space 1 3,668 SF Retail Vehicle Related httpillisting.loopnet.com/16000016 Rental Rate: Lease Type: LoopNet ID: Status: 4 VAPS LLC - 148 E. 30st. National City. CA 9195C - Direct Lease Suite/Floor: Space Available: Space Type: A4 511 SF Office Office Building http://listing.Ioopnet-com/15099899 Rental Rate: Lease Type: Parking Ratio: LoopNet ID: Status: VAPS LLC - 148 E. 3Cst. National City. CA 91950 - Direct Lease SuitelFloor: Space Available: Divisible To: Space Type: 1 1,358 SF 600 SF Office Office Building httpJllisting.loopnetcoml15099899 Rental Rate: Lease Type: Parking Ratio: LoopNet ID: Status: $16.20/SF/Year NNN 16000016 Available $15.001SF/Year Modified Gross 4/1,000 SF 15099899 Available $20.40/SF/Year Modified Gross 4/1,000 SF 15099899 Available Page 2 of 10 Created: 9/2/2009 LoopNet, Inc. © Copyright 1995 - 2009 This information comes from users and sources believed to be reliable, but is not guaranteed. (111) Powered by LoopNet 4 VAPS LLC - 148 E. 33st. National City, CA 91950 - Direct Lease Suite/Floor: Space Available: Space Type: A3 1,102 SF Industrial Flex Space blip://IistIng.Iooanetcoml15099899 Rental Rate: $17.40/SF/Year Lease Type: Modified Gross Parking Ratio: 4/1,000 SF LoopNet ID: 15099899 Status: Available 5 South Bay Marketplace - 3400-3470 Highland Avenue, National City. CA 91950 This property is fully leased http:/liisting_Ioopnet.com/15284890 6 Sweetwater Plaza West - 1635 Sweetwater Rd.. National City, CA 91950 - Direct Lease Suite/Floor: Space Available: Space Type: 1st 1,600 SF Shopping Center Community Center http://listing-Ioopnetcom/14940186 Rental Rate: Lease Type: LoopNet ID: Status: $16.20/SF/Year NNN 14940186 Available 7 LOW LEASE RATE!!!!, LOW NNN'S!!!!, GREAT CORNER!!! - 205-217 Highland Ave., National City, CA 91950 - Direct Lease Suite/Floor: Space Available: Maximum Contiguous: Space Type: 217 6,890 SF 8,050 SF Shopping Center Strip Center http iIIisting.l000netcom/15040618 Rental Rate: Lease Type: LoopNet ID: Status: $10.20/SF/Year NNN 15040618 Available 8 Southbay Plaza - 1240 E. Plaza Blvd., National City, CA 91950 - Direct Lease Suite/Floor: Space Available: Space Type: Space 1 1,200 SF Retail Restaurant http://listing.loopnet-com/16380561 Rental Rate: Lease Type: LoopNet ID: Status: $27.00/SF/Year NNN 16380561 Available 9 Sweetwater Plaza East - 1717-1747 Sweetwater Rd, National City, CA 91950 - Direct Lease Suite/Floor: Space Available: Space Type: 1727D 675 SF Retail Retail (Other) http://listing.Ioopnetcond16374965 Rental Rate: Lease Type: LoopNet ID: Status: Negotiable NNN 16374965 Available Page 3 of 10 Created: 9/2/2009 LoopNet, Inc. © Copyright 1995 - 2009 This information comes from users and sources believed to be reliable, but is not guaranteed. Powered by L©epNet- 9 Sweetwater Plaza East -1717-1747 Sweetwater Rd, National City, CA 91950 - Direct Lease Suite/Floor: Space Available: Space Type: 1727L 2,400 SF Retail Retail (Other) http:/Jlisting.ioopnetcoml16374965 Rental Rate: Lease Type: LoopNet ID: Status: Negotiable NNN 16374965 Available 9 Sweetwater Plaza East - 1717-1747 Sweetwater Rd. National City, CA 91950 - Direct Lease Suite/Floor: Space Available: Space Type: 1727R 670 SF Retail Retail (Other) httpiflisting.loopnetcom/16374965 Rental Rate: Lease Type: LoopNetID: Status: Negotiable NNN 16374965 Available 9 Sweetwater Plaza East - 1717-1747 Sweetwater Rd, National City, CA 91950 - Direct Lease SuitelFloor: Space Available: Space Type: 1747A-C 3,200 SF Retail Retail (Other) http:JflistIng.Ioopnetcomf16374965 Rental Rate: Lease Type: LoopNet ID: Status: Negotiable NNN 16374965 Available 9 Sweetwater Plaza East -1717-1747 Sweetwater Rd. National City, CA 91950 - Direct Lease SuitelFloor: Space Available: Space Type: Kiosk 135 SF Retail Retail (Other) htto:Jflisting.loonnetcoml16374965 Rental Rate: Lease Type: LoopNet ID: Status: Negotiable NNN 16374965 Available 10 Bay Plaza Shopping Center - 1420-1430 E. Plaza Blvd, National City, CA 91950 - Direct Lease Suite/Floor: Space Available: Space Type: 82 4,550 SF Shopping Center Strip Center http:lllisting.loopnetcoml15193118 Rental Rate: Lease Type: LoopNet ID: Status: $33.00/SF/Year NIA 15193118 Available Page 4 of 10 Created: 9/2/2009 LoopNet, Inc. © Copyright 1995 - 2009 This information comes from users and sources believed to be reliable, but is not guaranteed. C�1�' Powered by Loq Net 10 Bay Plaza Shopping Center - 1420-1430 E. Plaza Blvd. Nat oral City. CA 91950 - Direct Lease Suite/Floor: Space Available: Divisible To: Space Type: D2 3,500 SF 1,500 SF Shopping Center Strip Center http:lt8sting.loopnet.com115193118 Rental Rate: Lease Type: LoopNet ID: Status: $28.80/SF/Year NNN 15193118 Available 10 Bay Plaza Shopping Center -1420-1430 E. Plaza Bivd. National City, CA 91950 - Direct Lease Suite/Floor: Space Available: Divisible To: Space Type: D5 2,000 SF 1,000 SF Shopping Center Strip Center http://listing.loopnet.com/15193118 Rental Rate: Lease Type: LoopNet ID: Status: $30.00/SF/Year NNN 15193118 Available 10 Bay Plaza Shopping Center - 1420-1430 E. Plaza Blvd, National City, CA 91950 - Direct Lease Suite/Floor: Space Available: Space Type: E6 918 SF Shopping Center Strip Center h tp•lllisting Ioopnet.com/155193118 Rental Rate: Lease Type: LoopNet ID: Status: $37.08/SF/Year NNN 15193118 Available 10 Bay Plaza Shopping Center - 1420-1430 E. Plaza Blvd, National City, CA 91950 - Direct Lease Suite/Floor: Space Available: Space Type: E7B 1,599 SF Shopping Center Strip Center http:Jllisting.loopnet.com115193118 Rental Rate: Lease Type: LoopNet ID: Status: $34.20/SF/Year NNN 15193118 Available 10 Bay Plaza Shopping Center - 1420-1430 E. Plaza Blvd, National City, CA 91950 - Direct Lease Suite/Floor: Space Available: Space Type: E17 835 SF Shopping Center Strip Center http:Illlsting.loopnet.c2m1t 193118 Rental Rate: Lease Type: LoopNet ID: Status: $34.20/SF/Year NNN 15193118 Available Page 5 of 10 Created: 9/2/2009 LoopNet, Inc. © Copyright 1995 - 2009 This information comes from users and sources believed to be reliable, but is not guaranteed. Powered by LoopNet 10 Bay Plaza Shopping Center - 1420-1430 E P!aza Blvd, National City, CA 91950 - Direct Lease Suite/Floor: Space Available: Space Type: El8 560 SF Shopping Center Strip Center httpaliisting.Ioopnet.com115193118 Rental Rate: Lease Type: LoopNet ID: Status: $34.20/SF/Year NNN 15193118 Available 10 Bay Plaza Shopping Center - 1420-1430 E. Plaza Blvd. National City. CA 91950 - Direct Lease Suite/Floor: Space Available: Space Type: E23 250 SF Shopping Center Strip Center http:lilisting.looanet.com115193118 Rental Rate: Lease Type: LoopNet ID: Status: $36.00/SF/Year NNN 15193118 Available 10 Bay Plaza Shopping Center -1420-1430 E. Plaza Blvd, National City, CA 91950 - Direct Lease Suite/Floor: Space Available: Space Type: E19 1,359 SF Shopping Center Strip Center http://IistIng.loopnet.com/15193118 Rental Rate: Lease Type: LoopNet ID: Status: $28.68/SF/Year NNN 15193118 Available 10 Bay Plaza Shopping Center - 1420-1430 E. Plaza Blvd, National City, CA 91950 - Direct Lease Suite/Floor: Space Available: Space Type: K13 80 SF Shopping Center Strip Center http:/llisting.loounet.com/15193118 Rental Rate: Lease Type: LoopNet ID: Status: Negotiable NNN 15193118 Available 11 Harbor View Commercial Condos - East 8th St & D Ave. National City, CA 91950 - Direct Lease Suite/Floor: Space Available: Maximum Contiguous: Space Type: 406 E 8th St 2,434 SF 5,984 SF Retail Street Retail http:/llisting.ioopnet.com116299855 Rental Rate: Lease Type: LoopNet ID: Status: $22.80/SF/Year NNN 16299855 Available Page 6 of 10 Created: 9/2/2009 LoopNet,Inc.© Copyright 1995-2009 This information comes from users and sources believed to be reliable, but is not guaranteed. C81�' Powered by Loopttet- 11 Harbor View Commercial Condos - East ath St & D Ave. National City. CA 91950 - Direct Lease Suite/Floor: Space Available: Maximum Contiguous: Space Type: 408 E 8th St 2,405 SF 5,984 SF Retail Street Retail http:/llisting.loopnetcoml16299855 Rental Rate: Lease Type: LoopNet ID: Status: $22.80/SF/Year NNN 16299855 Available 11 Harbor View Commercial Condos - East 8th St & D Ave. Natonal City, CA 91950 - Direct Lease Suite/Floor: Space Available: Maximum Contiguous: Space Type: 410 E 8th St 1,145 SF 5,984 SF Retail Street Retail htta://iisting.looanetcoml16299855 Rental Rate: Lease Type: LoopNet ID: Status: $22.80/SF/Year NNN 16299855 Available 11 Harbor View Commercial Condos - East 8th St & D Ave, National City, CA 91950 - Direct Lease Suite/Floor: Space Available: Maximum Contiguous: Space Type: 819 D St 1,341 SF 6,454 SF Retail Street Retail http:/llisting.Ioopnetcoml16299855 Rental Rate: Lease Type: LoopNet ID: Status: $21.00/SF/Year NNN 16299855 Available 11 Harbor View Commercial Condos - East 8th St & D Ave, National City, CA 91950 - Direct Lease Suite/Floor: Space Available: Maximum Contiguous: Space Type: 821 D St 1,353 SF 6,454 SF Retail Street Retail http:/llisting.Iooanetcom116299855 Rental Rate: Lease Type: LoopNet ID: Status: $21.00/SF/Year NNN 16299855 Available 11 Harbor View Commercial Condos - East 8th St & D Ave. National City. CA 91950 - Direct Lease Suite/Floor: Space Available: Maximum Contiguous: Space Type: 823 D St 1,354 SF 6,454 SF Retail Street Retail http:/Nisting.Ioopnetcom/16299855 Rental Rate: Lease Type: LoopNet ID: Status: $21.00/SF/Year NNN 16299855 Available Page 7 of 10 Created: 9/2/2009 LoopNet, Inc. © Copyright 1995 - 2009 This information comes from users and sources believed to be reliable, but is not guaranteed. Powered by LoopNet 11 Harbor View Commercial Condos - East sth si & D Ave, National City, CA 91950 - Direct Lease SuitelFloor: Space Available: Maximum Contiguous: Space Type: 825 D St 2,406 SF 6,454 SF Retail Street Retail http /liisting.loopnet.com/16299855 Rental Rate: Lease Type: LoopNet ID: Status: $21.00/SF/Year NNN 16299855 Available 12 Sweetwater Road - 1717-1747 Sweetwater Road. National City. CA 91950 - Direct Leas SuitelFloor: Space Available: Space Type: Kiosk 135 SF Retail Retail (Other) 27516L2 Rental Rate: Lease Type: LoopNet ID: Status: $19.80/SF/Year NNN 16275162 Available 12 Sweetwater Road - 1717-1747 Sweetwater Road, National City. CA 91950 - Direct Leas SuitelFloor: Space Available: Space Type: 1727-D 675 SF Retail Retail (Other) httpJlllsting.loopnetcom/16275162 Rental Rate: Lease Type: LoopNet ID: Status: $19.80/SF/Year NNN 16275162 Available 12 Sweetwater Road - 1717-1747 Sweetwater Road. National City, CA 91950 - Direct Leas Suite/Floor: Space Available: Space Type: 1727-L 2,400 SF Retail Retail (Other) htta:Iliisting.loopnetcom/16275162 Rental Rate: Lease Type: LoopNet ID: Status: $19.80/SF/Year NNN 16275162 Available 12 Sweetwater Road - 1717-1747 Sweetwater Road. National City. CA 91950 - Direct Leas Suite/Floor: Space Available: Space Type: 1727-R 670 SF Retail Retail (Other) http:Misting.looDnetcom/16275162 Rental Rate: Lease Type: LoopNet ID:• Status: $19.80/SF/Year NNN 16275162 Available 12 Sweetwater Road - 1717-1747 Sweetwater Road. National City, CA 91950 - Direct Leas Suite/Floor: Space Available: Space Type: 1747-A-C Rental Rate: $19.80/SF/Year 3,200 SF Lease Type: NNN Retail LoopNet ID: 16275162 Retail (Other) Status: Available http:Nlisting.loopnetcomi16275162 Page 8 of 10 Created: 9/212009 LoopNet, Inc. © Copyright 1995 - 2009 This information comes from users and sources believed to be reliable, but is not guaranteed. C�lY _ Powered by LoopNet 13 Sweetwater Crossings -1502-1910 Sweetwater Read. National City, CA 91950 - Direct Lease SuitelFloor: 1510D Rental Rate: $27.00/SF/Year Space Available: 2,400 SF Lease Type: NNN Space Type: Shopping Center LoopNet ID: 15239543 Neighborhood Center Status: Available http:/Aisting.ioopnetcom/15239543 13 Sweetwater Crossings -' 502-1910 Sweetwater Read. National City. CA 91950 - Direct Lease Suite/Floor: Space Available: Space Type: 1626 E&F 2,160 SF Shopping Center Neighborhood Center ://Iisting.loopnet.com/15239543 Rental Rate: Lease Type: LoopNet ID: Status: $27.00/SF/Year NNN 15239543 Available 13 Sweetwater Crossings - 1502-1910 Sweetwater Road, National City, CA 91950 - Direct Lease SuitelFloor: 1510-B Rental Rate: $27.00/SF/Year Space Available: 1,800 SF Lease Type: NNN Space Type: Shopping Center LoopNet ID: 15239543 Neighborhood Center Status: Available http:/Ilisting.Ioopnetcom/15239543 13 Sweetwater Crossings - 1502-1910 Sweetwater Road. National City. CA 91950 - Direct Lease SuitelFloor: Space Available: Space Type: 1722 A&B 2,400 SF Shopping Center Neighborhood Center http://Iisting.l000netcom/15239543 Rental Rate: Lease Type: LoopNet ID: Status: $27.00/SF/Year NNN 15239543 Available 13 Sweetwater Crossings - 15C2-1910 Sweetwater Road, National City. CA 91950 - Direct Lease SuitelFloor: Space Available: Space Type: Anchor 33,006 SF Shopping Center Neighborhood Center http://listing.loopnetcom/15239543 Rental Rate: Lease Type: LoopNet ID: Status: $18.00/SF/Year N/A 15239543 Available 14 2940 National City Blvd - Natonal City. CA 91950 - Direct Lease Suite/Floor: Space Available: Space Type: SUM 68,389 SF Land Retail (land) http:/Ilisting.loopnetcom/16191566 Rental Rate: Lease Type: LoopNet ID: Status: $3.84/SF/Year Full Service Gross 16191566 Available Page 9 of 10 Created: 9/2/2009 LoopNet, Inc. © Copyright 1995 - 2009 This information comes from users and sources believed to be reliable, but is not guaranteed. Powered by Loop/fet 15 Galleria Shopping Center - 2720 E Plaza Rd, National City. CA 91950 - Direct Lease Suite/Floor: Space Available: Space Type: Space 1 645 SF Retail Retail (Other) httn:lllisting.loopnetcomi16078852 Rental Rate: Lease Type: LoopNet ID: Status: $24.00/SF/Year N/A 16078852 Available 16 1241 Highland Avenue - Nationa! City. CA 91950 - Direct Lease Suite/Floor: Space Available: Maximum Contiguous: Space Type: Space 1 800 SF 2,000 SF Retail Street Retail http:/flisting.looanetcom115899764 Rental Rate: Lease Type: LoopNet ID: Status: $11.88/SF/Year NNN 15899764 Available 15 1241 Highland Avenue - National City. CA 91950 - Direct Lease SuitelFloor: Space Available: Space Type: 1,200 SF Retail Retail (Other) httpJAisting.l000net.com/15899764 Rental Rate: Lease Type: LoopNet ID: Status: $11.88/SF/Year NNN 15899764 Available 17 416 National City Blvd - National City, CA 91950 -Direct Lease Suite/Floor: Space Available: Divisible To: Maximum Contiguous: Space Type: Space 1 2,805 SF 2,800 SF 5,000 SF Retail Street Retail http://listing.looanet.com/15435755 Rental Rate: Lease Type: LoopNet ID: Status: 18 115 W Plaza Blvd - National City. CA 91950 SuitelFloor: Space Available: Space Type: 1 1,500 SF Office Office Building http Jflisting.loopnetcomll6363169 Rental Rate: LoopNet ID: Status: $12.00/SF/Year NNN 15435755 Available $27.00/SF/Year 16363169 Available Page 10 of 10 Created: 9/2/2009 LoopNet, Inc. © Copyright 1995 - 2009 This information comes from users and sources believed to be reliable, but is not guaranteed_ 46) Powered by LoopNet FOR SALE i� I _, losoiteoip €r200e NAV1EQ, an4 foriele GGasIne-, r' , 51 \ y 'r— ' 1 1 A.44res 1 Harbor View Commercial Condos - 408 E 8th St, National City, CA 91950 Property Type: Retail Street Retail Building Size: 2,405 SF :mrs inst.t000net.cond1 Price: PricelSF: LoopNet ID: Status: $553,150 $230.00/SF 16299941 Active 2 1325 E Plaza Blvd - National City, CA 91950 Property Type: Building Size: Price: Price/SF: LoopNet ID: Status: http:Hlisting.loopnetcom/16345289 Retail Restaurant 6,653 SF $1,930,000 $290.09/SF 16345289 Active 3 2704 Highland Avenue - National City, CA 91950 Property Type: Industrial Warehouse Building Size: 15,000 SF Price: PricelSF: LoopNet ID: Status: http:lllisting.loopnetcoml16343363 $900,000 $60.00ISF 16343363 Active Page 1 of 4 Created: 9/2/2009 LoopNel, Inc. © Copyright 1995 - 2009 This information comes from users and sources believed to be reliable, but is not guaranteed. Cam_ Powered by LoopNet 1540 E 8th Street - National City, CA 91950 Property Type: Land Retail (land) Unit Size: 0.62 Acres Price: Price/Acres: LoopNet ID: Status: http:Misting.loopnet.com116255361 $590,000 $957,434/Acres 16255361 Active 5 1515 Highland Avenue - National City. CA 91950 Property Type: Building Size: Price: Price/SF: LoopNet ID: Status: http:Misting.loopnet.com/16205751 Retail Retail (Other) 1,254 SF $275,000 $219.30/SF 16205751 Active 6 2830-2912 1/2 E 8th St - National City. CA 91950 Property Type: No. Units: Building Size: Year Built: Multifamily Garden/Low-Rise 7 4,100 SF 1938 Price: Price/Unit: Cap Rate: GRM: Occupancy: LoopNet ID: Status: http:Misting.loopnet.com/16052214 $850,000 $121,429 6.61% 10.1 100% 16052214 Active 7 Highlander - 2525 Highland Avenue. National City. CA 91950 Property Type: No. Units: Building Size: Year Built: Multifamily Price: Garden/Low-Rise Price/Unit: Cap Rate: LoopNet ID: Status: 150 96,000 SF 1999 http:lflisting.looenet.com116048441 $11,500,000 $76,667 7.00% 16048441 Active 8 416 National City Blvd - 416 National City Blvd., National City, CA 91950 Property Type: Building Size: Price: Price/SF: Cap Rate: LoopNet ID: Status: http:lflIsting.loopnet.coml15926924 Retail Free Standing Bldg 5,000 SF $600,000 $120.00/SF 10.00% 15926924 Active Page 2 of 4 Created: 9/2/2009 LoopNet, Inc. © Copyright 1995 - 2009 This information comes from users and sources believed to be reliable, but is not guaranteed. Powered by Lo@pNNet 9 Large Corner Lot with Free Standing Buildings - 2829 National City Blvd.. Nat oral City. CA 91950 Property Type: Retail Vehicle Related Building Size: 33,000 SF Price: Price/SF: LoopNet ID: Status: http:lflfsting.loopnetcom/15914596 $3,900,000 $118.18/SF 15914596 Active 10 2202 National City Boulevard - National city. CA 91950 Property Type: Retail Street Retail Building Size: 13,500 SF Price: Price/SF: Cap Rate: LoopNet ID: Status: http:I/Iisting.loopnet.com/15835014 2940 National City Blvd . Unit #: 1 - National Property Type: Land Commercial/ Other (land) Unit Size: 1.57 Acres LoopNet ID: Lot Size: 68,389 SF Status: http:I/listinq.looanetcoml16226820 Price: Price/Acres: $6,700,000 $496.30/SF 6.50% 15835014 Active City, CA 91950 $3,000,000 $1,910,834/ Acres 16226820 Active 12 801 National City Blvd. - National City. CA 91950 Property Type: Retail Street Retail Building Size: 7,022 SF h :/ lsting.l000netcom/16193002 Price: LoopNet ID: Status: Not Disclosed 16193002 Active 2127-2151 Highland Ave - National City, CA 91950 Property Type: Land Retail (land) Unit Size: 0.36 Acres Price: Price/Acres: LoopNet ID: Status: http:Nltsting.loopnetcom/16163563 $995,000 $2,791,768/ Acres 16163563 Active Page 3 of 4 Created: 9/2/2009 LoopNet, Inc. © Copyright 1995 - 2009 This information comes from users and sources believed to be reliable, but is not guaranteed. C Powered by LoopNet 2120 Highland Ave - National City. CA 91950 Property Type: Land Price: $1,900,000 Commercial/ Price/Acres: $2,445,311/ Other (land) Acres Unit Size: 0.78 Acres LoopNet ID: 15886577 Status: Active http://listing.loopnet.corr1/15886577 Page 4 of 4 Created: 9/2/2009 LoopNet, Inc. © Copyright 1995 - 2009 This information comes from users and sources believed to be reliable, but is not guaranteed. Powered by Io ,&t COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT National City, California IEETING DATE: Sept 15, 2009 AGENDA ITEM NO. 20 ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $52,226.04 to the City of National City for the period of 08/12/09 through 08/18/09 PREPARED BY: Jeanette Ladrido,DEPARTMENT Finance Finance Directo EXPLANATION: (619) 336-4331 Effective July 1, 2008, the Community Development Commission's fiscal operations have been merged with the City of National City. In order to streamline the payment process, the City of National City pays for all ex- penditures for the CDC. Attached is a detailed listing of all CDC warrants paid for with the City General Funds. Staff requests ap- proval of the reimbursement of CDC activity. Environmental Review N/A Financial Statement Approve the reimbursement of funds to the City of National City in the amount of $52,226.04 • STAFF RECOMMENDATION Accept and File. BOARD/COMMISSION RECOMMENDATION N/A ♦ TACHMENTS (Listed Below) Warrants for the period the period of 08/12/09 through 08/18/09 COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER # 7 8/18/2009 PAYEE GENESIS COATINGS, INC. INTERNATIONAL CODE COUNCIL INC SAN DIEGO PRETZEL CO. SIZZLER RESTAURANT #45 THE KARAOKE SPECIALIST ULTIMATE STAFFING SERVICES SECTION 8 SECTION 8 HAPS PAYMENTS DESCRIPTION GRAFFITI MELT COATING INSPECTOR CERTIFICATION & MEMB ECONOMIC DEVELOPMENT LOAN ECONOMIC DEVELOPMENT LOAN ECONOMIC DEVELOPMENT LOAN NEIGHBORHOOD SVCS TEMP EMP Start Date End Date 8/12/2009 8/18/2009 CHK NO DATE 228644 8/18/09 228645 8/18/09 228646 8/18/09 228647 8/18/09 228648 8/18/09 228649 8/18/09 AMOUNT 363.33 105.00 15,000.00 3,378.00 8,000.00 2,017.40 AJP Total $ 28.863.73 23, 362.31 GRAND TOTAL $ 52.226.04 COMMUNITY DEVELOPMENT COMMISSION Warrant Register # 7 8/18/2009 502 SECTION 8 FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 23,362.31 28,758.73 105.00 52,226.04 COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT National City, California EETING DATE: Sept 15, 2009 AGENDA ITEM NO. 21 ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $273,323.84 to the City of National City for the period of 08/19/09 through 08/25/09 PREPARED BY: Jeanette Ladrido, C Finance Director EXPLANATION: DEPARTMENT Finance (619) 336-4331 Effective July 1, 2008, the Community Development Commission's fiscal operations have been merged with the City of National City. In order to streamline the payment process, the City of National City pays for all ex- penditures for the CDC. Attached is a detailed listing of all CDC warrants paid for with the City General Funds. Staff requests ap- proval of the reimbursement of CDC activity. 2 Environmental Review N/A Financial Statement Approve the reimbursement of funds to the City of National City in the amount of $273,323.84 i STAFF RECOMMENDATION Accept and File. BOARD/COMMISSION RECOMMENDATION N/A fACHMENTS (Listed Be w) Warrants for the period the period of 08/19/09 through 08/25/09 • COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER #8 8/25/2009 PAYEE CITY OF CHULA VISTA BEARD CHRISTENSEN & SPATH LLP CHRISTMAS IN JULY ESSENTIA MANAGEMENT FEDEX HARRIS & ASSOCIATES ICF JONES & STOKES OPPER & VARCO PRO BUILD PRUDENTIAL OVERALL SUPPLY PRUDENTIAL OVERALL SUPPLY SAN DIEGO DAILY TRANSCRIPT SAN DIEGO HABITAT FOR HUMANITY SAN DIEGO TROLLEY INC STAPLES ADVANTAGE ULTIMATE STAFFING SERVICES TA PAINT STFLEX INDUSTRIAL DIXIELINE BUILDERS PAYROLL Pay period Start Date 17 7/28/2009 DESCRIPTION MARCH 2009 SERVICES REIMB-CA FISH & GAME MEETING LEGAL SERVICES REIMB - NC YOUTH ENHANCEMENT BROWNFIELD GRANT PROGRAM MAIL COURIER AQUATIC CENTER WESTSIDE SPECIFIC PLAN EIR HARBOR DISTRICT/ACE METALS MATERIALS - CD UNIFORMS - CD UNIFORMS - CD ADVERTISING - MARINA GATEWAY REIMB PROJECT DRAWDOWN RQST FLAGGING SERVICE OFFICE SUPPLIES - S8 TEMP EMP - NEIGHBORHOOD PAINTING SUPPLIES - CD PAINTING SUPPLIES - CD CASA FAMILIAR-1111 D AVE/1101-1109 E AV End Date Check Date 8/10/2009 8/19/2009 CHK NO DATE AMOUNT 228714 8/20/09 2,620.00 228718 8/25/09 38.50 228719 8/25/09 132.65 228720 8/25/09 10,011.00 228721 8/25/09 34,713.33 228722 8/25/09 22.50 228723 8/25/09 225.00 228724 8/25/09 7,316.75 228725 8/25/09 178.50 228726 8/25/09 76.73 228727 8/25/09 13.34 228728 8/25/09 53.36 228729 8/25/09 775.00 228730 8/25/09 74,788.00 228731 8/25/09 206.38 228732 8/25/09 119.04 228733 8/25/09 1,960.30 228734 8/25/09 884.90 228735 8/25/09 398.27 228828 8/25/09 52,769.04 A/P Total $ 187,302.59 86,021.25 GRAND TOTAL $ 273,323.84 INQORPORATED COMMUNITY DEVELOPMENT COMMISSION Warrant Register # 8 8/25/2009 502 SECTION 8 FUND 505 HOME FUND 506 HOME LOAN PROGRAM FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 20, 875.16 75, 347.26 10,011.00 112, 707.79 54,382.63 273,323.84 City of National City, California COMMUNITY DEVELOPMENT AGENDA STATEMENT MEETING DATE September 15, 2009 AGENDA ITEM NO. 22 ITEM TITLE Resolution of the Community Development Commission of the City of National City authorizing the Chairman to execute a Memorandum of Understanding in the amount of not -to - exceed $25,000 annually with the San Diego State University Foundation to provide Business Management Technical Assistance to National City Businesses PREPARED BY Alfredo Ybarra (Ext. 4279) DEPARTMENT Community Development, Housing and Grant EXPLANATION In 2006, the Community Development Commission (CDC) collaborated with the San Diego State University Foundation (SDSU) and established the SDSU Technical Assistance Program which has to date assisted 72 local small to mid -size businesses improve and/or expand their businesses. This new Memorandum of Understanding (MOU) will require that SDSU provide business consulting to 14 businesses per academic year, with a potential of 42 businesses over the next 3-year period. The approval of this MOU would allow City staff, National City Chamber of Commerce (NCCC) and SDSU's College of Business Administration to offer a mutually beneficial service to small businesses located within the redevelopment areas of National City. Consulting teams made up of 3 to 4 students will continue to work with small businesses and make recommendations to improve business performance. The consulting process generally takes three months. National City Chamber staff and two business professors from SDSU oversee the whole process. Participating businesses are eligible for a forgivable loan up to $15,000 from the CDC to implement the recommended business improvements. The MOU will cover one year from July 1, 2009 —June 30, 2010, with the possibility of two- one year extensions. The CDC Executive Director will have sole discretion to extend the contract for each year through Spring of 2012 if warranted. Environmental Review NI N/A Financial Statement Approved By: Finance Director The MOU funding requirement of $25,000 is budgeted for fiscal year 2009-2010. The program may be extended for up to two years for total potential costs of 75,000. Account No. STAFF RECOMMENDATION Adopt Resolution BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. Memorandum of Understanding A-200 (9/99) RESOLUTION NO. 2009- RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE SAN DIEGO STATE UNIVERSITY FOUNDATION TO PROVIDE BUSINESS MANAGEMENT AND TECHNICAL ASSISTANCE TO NATIONAL CITY BUSINESSES WITH A NOT -TO -EXCEED AMOUNT OF $25,000 ANNUALLY WHEREAS, San Diego State University, School of Business provided assistance to National City businesses in the form of individual consultation by underclassman and graduate students during a three-year period beginning in the Fall Semester of 2006 and ending in the Spring Semester of 2009; and WHEREAS, San Diego State University, School of Business has agreed to continue to provide assistance to National City businesses in the form of individual consultation by underclassman and graduate students during a three-year period beginning in the Fall Semester of 2009 and ending in the Spring Semester of 2012; and WHEREAS, the Community Development Commission of the City of National City and the San Diego State University Foundation are both desirous of executing a Memorandum of Understanding to continue to provide business management technical assistance to National City businesses. NOW, THEREFORE, BE IT RESOLVED, that the Community Development Commission of the City of National City hereby authorizes the Chairman to execute a Memorandum of Understanding with the San Diego State University Foundation to provide business management technical assistance. Said Memorandum of Understanding is on file in the office of the City Clerk. PASSED and ADOPTED this 15th day of September, 2009. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael Dalla, City Clerk George H. Eiser, III City Attorney MEMORANDUM OF UNDERSTANDING BETWEEN COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND THE SAN DIEGO STATE UNIVERSITY FOUNDATION RECITALS A. The purpose of this Memorandum of Understanding is to create a business partnership between the Community Development Commission of National City (CDC) and the SDSU Research Foundation in order to provide business management assistance to small businesses located and operated in National City. I. TERMS A. CDC Staff or the National City Chamber of Commerce (Program Administrator) 1. Staffing and Supervision a. CDC Staff or Program Administrator will select five (5) professional advisors from the community that can be called upon by the students, SDSU staff and CDC Staff or Program Administrator to provide community perspective. b. CDC Staff or Program Administrator will pre-screen National City businesses, of which fourteen (14) will be selected annually to participate in the program. c. If for any reason (1) one or more of the selected businesses is disqualified, the CDC Staff or Program Administrator will select the next most qualified businesses. d. CDC Staff or Program Administrator will act as the liaisons between SDSU students, staff and businesses. e. This agreement will cover one year from July 1, 2009-June 30, 2010, with the possibility of two - one year extensions. At the sole discretion of the CDC Executive Director, this agreement may be extended for an additional periods for technical assistance through the Spring Semester of 2012 if warranted. B. SDSU Students 1. Staffing and Supervision a. SDSU will commit four (4) students per business. b. SDSU will commit an advising committee which consists of one (1) professor (Howard Toole, PhD and Don Sciglimpaglia, PhD) and three (3) graduate business students to oversee the undergraduate students assisting the businesses. c. SDSU undergraduate students, graduate students, and professors will provide student "consulting" for fourteen (14) businesses each academic year (seven in the Fall semester and seven in the Spring semester). Consulting is defined as providing technical assistance, resulting in a written and oral consulting report, to be delivered to CDC Staff or Program Administrator and the participating business, in the form of any or all of the following: i. Business plan creation ii. Business expansion iii. Advertising and promotion iv. Web site and use of internet computer training v. Market study or market research vi. Contract bidding vii. Customer relations viii_ Cost analysis and control ix. Export/import x. Inventory control xi. Special government program xii. Taxes xiii. Accounting -bookkeeping xiv. Insurance xv. Time management scheduling xvi. Personnel management training d. SDSU graduate students, under the supervision of the faculty members of the advising committee, will provide limited short-term consulting for past participants in the program, primarily aimed at implementing previously made recommendations. Such short-term consulting will be on a time available basis. If it is determined that significant issues still exist with a past participant in the program, then the business shall become a candidate for future consulting. However, preference shall be given to businesses which have not as yet received consulting. II. FUNDING AND FACILITIES A. CDC Staff or Program Administrator a. CDC Staff will provide compensation to SDSU Foundation for small business technical assistance within National City over the next three fiscal years, to be accomplished by the CDC paying to SDSU Foundation a total fixed fee of $25,000. by August 15th of each of the three fiscal years (2009, 2010, and 2011). In return, the service provided by SDSU Foundation to the City of National is: technical assistance to 7 small businesses per semester ($12,500) for a total of two semesters and/or 14 businesses served, totaling $25,000 a school year. Thus, this contract is not to exceed a total fixed fee of $75,000. b. The CDC Staff or Program Administrator will make available on an as needed basis a "meeting place" for participants of its Business Consulting and Technical Assistance Program. It should have meeting space for student consulting and business meetings or presentations, Internet access and secured filing/storage. B. SDSU Research Foundation a. SDSU will be responsible for compensating SDSU staff. b. SDSU will submit a progress report on the services provided four times per academic year (mid-term and end of each academic semester). IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of Understanding to be executed by their respective duly authorized representatives on this 21 `f' day of July 2009. SAN DIEGO STATE UNIVERSITY FOUNDATION Dated: 7 /3 a i o t By: COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY •,--• Dated: By: Ron Morrison, Chairman Approved as to form: Approved as to form: George H. Eiser, III General Counsel, SDSU Foundation Legal Counsel City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE September 15, 2009 AGENDA ITEM NO. 23 ITEM TITLE RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APPROVING AN AGREEMENT WITH O'DAY CONSULTANTS INC. TO PROVIDE AS -NEEDED CIVIL ENGINEERING SERVICES WITH NOT -TO -EXCEED AMOUNT OF $75,000 AND AUTHORIZING THE CHAIRMAN TO EXECUTE THE AGREEMENT PREPARED BY Colby Young Project Manager (x4297) DEPARTMENT Redevelopment EXPLANATION Community Development Commission of the City of National City (CDC) desires to employ a consultant to provide as -needed civil engineering services related to various projects within the National City Redevelopment Project. Upon direction from the Executive Director, the CDC advertised a Request for Qualifications for civil engineering services on April 9, 2009. Eighteen proposals were received and reviewed by a staff committee. The CDC has determined that O'Day Consultants is a registered civil engineering firm and is qualified by experience and ability to perform as -needed civil engineering services. Staff recommends retaining O'Day Consultants for a period of two years to perform civil engineering services for CDC with a not -to -exceed amount of $75,000. Environmental Review '1 N/A Financial Statement Agreement nas not -to -exceed amount of $75,000. Charges will be applied to accounts on a project by project basis. Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Proposed Agreement A-200 (9/99) RESOLUTION NO. 2009 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APPROVING AN AGREEMENT WITH O'DAY CONSULTANTS INC. TO PROVIDE AS -NEEDED CIVIL ENGINEERING SERVICES WITH A NOT -TO -EXCEED AMOUNT OF $75,000 AND AUTHORIZING THE CHAIRMAN TO EXECUTE THE AGREEMENT WHEREAS, the Community Development Commission of the City of National City (CDC) is implementing the National City Redevelopment Plan; and WHEREAS, CDC desires to employ a consultant to provide as -needed civil engineering services related to various projects within the National City Redevelopment Project; and WHEREAS, CDC has determined that O'Day Consultants Inc. is a registered civil engineering firm and is qualified by experience and ability to perform as - needed civil engineering services. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby approves the Agreement with O'Day Consultants Inc. to provide as -needed civil engineering services. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 15th day of September, 2009. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel Attachment 1 AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND O'DAY CONSULTANTS INC. THIS AGREEMENT is entered into this 15th day of September, 2009, by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a community development commission (the "CDC"), and O'DAY CONSULTANTS INC., a civil engineering firm (the CONSULTANT). RECITALS WHEREAS, the CDC desires to employ a CONSULTANT to provide civil engineering services. WHEREAS, the CDC has determined that the CONSULTANT is a civil engineering firm 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 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. Colby Young hereby is designated as the Project Coordinator for the CDC and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. John Strohminger 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 $75,000 (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. The term of this Agreement shall commence on September 15, 2009, and terminate on June 30, 2011, unless sooner terminated as provided for herein. 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. 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 2 City's Standard Agreement— June 2008 revision 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 CONSULTANTS 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 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. 3 City's Standard Agreement — June 2008 revision 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 CONTRACTOR/ CONSULTANT [CHOOSE ONE] 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 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. 4 City's Standard Agreement —.lune 2CH)8 revision 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT's negligent performance of this Agreement. 16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the 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. If CONSULTANT has no employees subject to the California Workers' Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to. CONSULTANT by CDC. 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 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. 5 Citys Standard Agreement — June 2008 revision 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 CDC's Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CDC's Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the 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. 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. 6 Citys Standard Agreement —June 2008 revision 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 such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CDC: To CONSULTANT: Brad Raulston Executive Director Community Development Commission City of National City 1243 National City Boulevard National City, CA 91950-4301 John Strohminger O'Day Consultants 2710 Loker Avenue West, Suite 100 Carlsbad, CA 92010 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. 7 City's Standard Agreement — June 2008 revision 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CDC of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CDC in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CDC. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CDC for all damages, costs or expenses the CDC may suffer by virtue of any violation of this Paragraph 21 by the CONSULTANT. 23. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. 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 8 City's Standard Agreement —June 2008 revision 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 OF THE CITY OF NATIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: O'DAY CONSULTANTS INC. (Corporation - signatures of two corporate officers) (Partnership- one signature (Sole proprietorship - one si nature) By: (Name) (Print) (Title) By: George H. Eiser, III (Name) City Attorney 1'q i4 lZ (6,z_ Ast , (Print) (Title) 9 City's Standard Agreement — June 2008 revsion EXHIBIT "A" NATIONAL CITY "In the Center gfltAre SERVICES & EXPERTISE As a full -service civil engineering and land surveying firm, O'Day Consultants offers extensive services to the Public and Private sectors for a wide range of projects. From Public Works and CIP projects to developing Industrial Business Parks to creating Residential Communities, we have successfully delivered excellent, top- quality services to all of our clients. CIVIL ENGINEERING Project Management Feasibility Studies Retaining Wall Design Subdivision Engineering Precise Grading & Site Design Street Improvements Erosion Control Urban Pollution Control Plans Traffic Control Plans Right -of -Way Engreering Exhibit Preparation Storm Drain Design Storm Water Management Plans Storm Water Poi ution Prevention Plans Sewer & Water Facilities Main Design Recycled Water & Water Main Design PLANNING Site Planning Specific Plans Tentative Tract Maps Phasing Plans Striping Plans View Analysis Development Feasibility Analysis Government Entitlement Processing Capital Improvement Projects Assessment District Formation COST & QUALITY ESTIMATES Bid Analysis Specifications Cost Estimates Phasing Studies Invoice Analysis Quantity Tckeoffs Bidding Documents Bid Administration / r r.✓ LAND SURVEYING Monumentation Surveys Boundary & Property Surveys Geodetic Control Surveys GPS Surveying Site Resource Surveys Topographic Surveys Records of Survey Comer Records Field Surveys ALTA Surveys Parcel & Subdivision Maps Project "As-Bults" Legal Descriptions Easements & Plots Construction Staking & Support HYDROLOGY Erosion Control Yard Drains Master Plan Studies Preliminary Storm Drain Layout Hydrology & Hydraulic Calculations Flood Plain & Map Modification Hood Control Channels Dam & Detention Basin Design Natural & Lined Channel Improvements EARTHWORK CALCULATIONS Calculations Analysis Verification Arbitration COORDINATION & APPROVAL Agency Processing Client Coordination Sub -consultant Coordination NPDES Permitting ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 09/29/2008 PRODUCER (619)574-6220 FAX (619)574-6288 Insurance Office of America, Inc. DBA IOA Insurance Services 177S Hancock Street, Ste. 180 in Diego, CA 92110 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERT FICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # RED O'Day Consultants, Inc. 2710 Loker Avenue West, #100 Carlsbad, CA 92010-6609 NSURER A: Travelers Cas.Ins Co of Amer. INSURFRB: Hartford Insurance Company INSURE11C Travelers Property Casualty 00914 36161 INsuRERD: OneBeacon Insurance NSURERE ACE American Insurance Company COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH T HIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD'L NSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE /MM/DDIYYI POLICY EXPIRATION DATE(MM/DDIYYI LIMITS GENERAL LIABILITY 6805344L576 10/01/2008 10/01/2009 EACHOCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE 10 HEN TED PREMISES II, orrurenrcl $ 300,000 1 CLAIMS MADE X OCCUR MED EKP (Any one person) $ 5,000 A X BFPD PERSONAL 8 ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 —I POLICY n ! -I Loc AUTOMOBILE X LIABILITY ANY AUTO 72UECUQ3007 07/01/2008 07/01/Z009 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY IPer pesos) $ B HIRED AUTOS NON -OWNED AUTOS BODILY INJURY Pcr accident) ' PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ - AUTO ONLY: AGG $ EXCESS'UMBRELLALIABILITY CUP7338Y561 10/01/2008 10/01/2009 EACH OCCURRENCE $ 5,000,000 X OCCUR I I CLAIMS MADE AGGREGATE $ 5,000,000 C $ DEDUCTIBLE _. $ RETENTION $ 0 $ WORKERS COMPENSATION AND 406013937 09/01/2008 09/01/2009 X TORY IMITS PR EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ 1,000,000 D ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED, E.L. DISEASE - EA EMPLOYEE $ 1,000,000 yes,II C describe under SE.L. SPECIAL PROVISIONS below DISEASE - POLICY LIMI I $ 1,000,000 E h� OTHER Professional Liability Claims Made G23633115002 01/20/2008 01/20/2009 $1,000,000 each claim $2,000,000 aggregate $50,000 deductible "V,;3 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Re: All Operations of the Named Insured. Proof of Insurance -10 Days notice of cancellation for non-payment of premium. C CERTIFICATE HOLDER CANCELLATI N SHOULD ANY OE THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, RS AGENTS OR REPRESENTATIVES. FOR YOUR INFORMATION ONLY AUTHORIZED REPRESENTATIVE 7-- .A._. , �1:sue Kelly Howell/SMITAK O ACORD 25 (2001/08) ©ACORD CORPORATION 1988 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE September 15, 2009 AGENDA ITEM NO. 24 (ITEM TITLE RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APPROVING AN AGREEMENT WITH KTU&A TO PROVIDE AS -NEEDED PLANNING AND URBAN DESIGN SERVICES WITH NOT -TO -EXCEED AMOUNT OF $75,000 AND AUTHORIZING THE CHAIRMAN TO EXECUTE THE AGREEMENT PREPARED BY Colby Young Project Manager (x4297) DEPARTMENT Redevelopment EXPLANATION Community Development Commission of the City of National City (CDC) desires to employ a consultant to provide as -needed planning and urban design services related to various projects within the National City Redevelopment Project. Upon direction from the Executive Director, the CDC advertised a Request for Qualifications for planning and urban design services on April 9, 2009. Ten proposals were received and reviewed by a staff committee. The CDC has determined that KTU&A is a registered planning and urban design firm and is qualified by experience and ability to perform as -needed planning and urban design services. Staff recommends retaining KTU&A for a period of two years to perform planning and urban design services for CDC with a not -to -exceed amount of $75,000. Environmental Review I N/A Financial Statement Agreement nas not -to -exceed amount of $75,000. Charges will be applied to accounts on a project by project basis. Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Proposed Agreement A-200 (9/99) RESOLUTION NO. 2009 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APPROVING AN AGREEMENT WITH LATITUDE 33 TO PROVIDE AS - NEEDED PLANNING AND URBAN DESIGN SERVICES WITH A NOT -TO -EXCEED AMOUNT OF $75,000 AND AUTHORIZING THE CHAIRMAN TO EXECUTE THE AGREEMENT WHEREAS, the Community Development Commission of the City of National City (CDC) is implementing the National City Redevelopment Plan; and WHEREAS, CDC desires to employ a consultant to provide as -needed planning and urban design services related to various projects within the National City Redevelopment Project; and WHEREAS, CDC has determined that Latitude 33 is a registered planning and urban design firm and is qualified by experience and ability to perform as -needed planning and urban design services. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby approves the Agreement with Latitude 33 to provide as -needed planning and urban design services. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 15th day of September, 2009. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel Attachment 1 AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND KTU&A THIS AGREEMENT is entered into this 15th day of September, 2009, by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a community development commission (the "CDC"), and KTU&A, a planning/urban design firm (the CONSULTANT). RECITALS WHEREAS, the CDC desires to employ a CONSULTANT to provide planning/urban design services. WHEREAS, the CDC has determined that the CONSULTANT is a planning/urban design firm 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 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. Colby Young hereby is designated as the Project Coordinator for the CDC and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Michael Singleton 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 $75,000 (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. The term of this Agreement shall commence on September 15, 2009, and terminate on June 30, 2011, unless sooner terminated as provided for herein. 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. 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 2 Ciry's Standard Agreement— June 2008 revision 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, in force at the time services are rendered. 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 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. 3 City's Standard Agreement— June 2008 revision 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 represents 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 CONTRACTOR/ CONSULTANT [CHOOSE ONE] 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 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. 4 City's Standard Agreement — June 2008 revision 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT's established 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. and hired vehicles ("any auto"). (KTUA does not own vehicles) C. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CDC. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONSULTANT has no employees subject to the California Workers' Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CDC. 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 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. 5 City's Standard Agreement —June 2008 revision 1. 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 CDC's Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CDC's Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the 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. 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. 6 City's Standard Agreement — June 2008 revision 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 ovemight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CDC: To CONSULTANT: Brad Raulston Executive Director Community Development Commission City of National City 1243 National City Boulevard National City, CA 91950-4301 Michael Singleton KTU&A 3916 Normal Street San Diego, CA 92103 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. 7 City's Standard Agreement — June 2008 revision 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the 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. LI If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CDC for all damages, costs or expenses the CDC may suffer by virtue of any violation of this Paragraph 21 by the CONSULTANT. 23. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of 8 City's Standard Agreement — June 2008 revision 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 OF THE CITY OF NATIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney KTU&A Corporation (Corporation — signatures of two corporate officers) (Partnership — one signature) (Sole proprietorship — one signa ure) By: 9 (Nam (611-v t,. 4c.,-1-0 (Print) {� 1it(t?i- t'c 5 iev+ kR)t/\ ITitle) By: AA) (Name) ly 27' . 1/, a L 6 any (Print) Pis, 7-� 7 f}- (Titte) City's Standard Agreement— June 2008 revision Exhibit A Scope of Services Urban planning Urban design Landscape Architecture Architecture (ZTA as a subconsultant on the team) Design guidelines Storefront design concepts Signage programs and guidelines Site planning Traffic calming Complete streets analysis and level of service for non -vehicular uses Pedestrian studies Bike studies Transit planning and design Smart growth Mixed use infill projects 3 dimensional massing studies and modeling Visual simulations Visual impact assessments 06/30/08 ConfirmNet -> 16192949965 Pg 2/2 ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE IMMIDD/YYI 08/30/08 PRODUCER 0A99520 CaVignac F Associates 450 B Street, Suite 1800 San Diego, CA 92101-8005 INSURED 9 T ❑ I A, Inc . 3916 Normal Street San Diego, CA 92103 1-619-234-6848 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURERA:Travelers Property Casualty Company of America INSURERB: The Travelers Indemnity Company of Connecticut INSURERC: Liberty Insurance Underwriters, Inc. INSURER!): INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTW ITHSTAN DING ANY REQUIREMENT. TERM OR CONDITION OF ANY CON FRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. UTSR LIR- TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE IMM POLICY EXPIRATION IAMMIDD/YYI LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIAR&NY 6804770L322 09/01/08 09/01/09 EACH OCCURRENCE $ 1,000,000 $ 1, 000, 000 FIRE DAMAGE (AnE one Ere) CLAIMS MADE 1--X-1 OCCUR MED EXP (Any one Pelson) $ 10 , 000 X GENT 7 No Deductible PERSONAL 8,ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 AGGRFGATE LIMIT APPLIES PER POLICY [1 Pim n LOC PRODUCTS • COMP/OP AGO $ 2. 000, 000 B AUTOMOBILE X X X LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULFO ALIT OS HIRED AUTOS NON•OWTTEDAUI OS No Company Owned Autos BA4907L122 09/01/08 09/01/09 COMEINED SINGLE LIMIT (Ea accident) $ 1, 000,000 BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT S OTHER THAN EA ACC AUTO ONLY' AGG $ $ EXCESS LIABILITY EACHOCCURRENCE $ AGGREGATE $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIARILHY U87109Y567 09/01/08 09/D1/09 R TORYUMNS 10114. E.L. EACH ACCIDENT $1, 000,000 E.L. DISEASE - EA EMPLOYE $ 1. 000 , 000 EC_ DISEASE • POLICY LIM IT $ 1,000,000 C OTHER Professional Liability Claims made, defense coats included w/in limit AEE197350810B 09/01/08 D9/01/09 Each Claim $2,000,00D Aggregate t 2,000,000 DESCRIPTION OF OPERATIONS!LOCATIONS/VEHIGLES,EXCLUSIONS ADDEO BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER N I ADDITIONAL INSURED; INSURER LETTER' CANCELLATION 10 days NOC for non-payment of Drernium. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE LIE EMPIRAIIDN KTU1A DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 1D DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED10 THE LEFT. BUT FAILURE 10 DO SO SHALL 3916 Normal Street IMPOSE NO OBLIGATION OR LIAUIIIIY Of ANY KIND UPON 1HE INSURER, ITS AGENTS OR San Diego, CA 92103 I USA REPRESFNTAIIVES. AUTHORIZED REPRESENTATIVE ,9 '" _ ,IJ+I,..Yf...�._.r.--...... ACORD 25-S (7197( Katherine 9671438 Certificate Delivery by CeitificatesNoA - www.ConfirmNet. com - 977.669 8600 C:)ACORU CORPORATION 1988 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT 25 MEETING DATE September 15, 2009 AGENDA ITEM NO. ITEM TITLE RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APPROVING AN AGREEMENT WITH LATITUDE 33 TO PROVIDE AS -NEEDED PLANNING AND URBAN DESIGN SERVICES WITH NOT -TO -EXCEED AMOUNT OF $75,000 AND AUTHORIZING THE CHAIRMAN TO EXECUTE THE AGREEMENT PREPARED BY Colby Young Project Manager (x4297) DEPARTMENT Redevelopment EXPLANATION Community Development Commission of the City of National City (CDC) desires to employ a consultant to provide as -needed planning and urban design services related to various projects within the National City Redevelopment Project. Upon direction from the Executive Director, the CDC advertised a Request for Qualifications for planning and urban design services on April 9, 2009. Ten proposals were received and reviewed by a staff committee. The CDC has determined that Latitude 33 is a registered planning and urban design firm and is qualified by experience and ability to perform as -needed planning and urban design services. Staff recommends retaining Latitude 33 for a period of two years to perform planning and urban design services for CDC with a not -to -exceed amount of $75,000. Environmental Review Financial Statement Agreement has not -to -exceed amount of $75,000. Charges will be applied to accounts on a project by project basis. _: N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Proposed Agreement A-200 (9I99) RESOLUTION NO. 2009 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APPROVING AN AGREEMENT WITH KTU&A TO PROVIDE AS -NEEDED PLANNING AND URBAN DESIGN SERVICES WITH A NOT -TO - EXCEED AMOUNT OF $75,000 AND AUTHORIZING THE CHAIRMAN TO EXECUTE THE AGREEMENT WHEREAS, the Community Development Commission of the City of National City (CDC) is implementing the National City Redevelopment Plan; and WHEREAS, CDC desires to employ a consultant to provide as -needed planning and urban design services related to various projects within the National City Redevelopment Project; and WHEREAS, CDC has determined that KTU&A is a registered planning and urban design firm and is qualified by experience and ability to perform as -needed planning and urban design services. THEREFORE, BE IT RESOLVED that the Community Development City of National City hereby approves the Agreement with KTU&A to planning and urban design services. Said Agreement is on file in the k. NOW, Commission of the provide as -needed office of the City Cler PASSED and ADOPTED this 15th day of September, 2009. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel Attachment 1 AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND LATITUDE 33 THIS AGREEMENT is entered into this 15th day of September, 2009, by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a community development commission (the "CDC"), and LATITUDE 33, a planning/urban design firm (the CONSULTANT). RECITALS WHEREAS, the CDC desires to employ a CONSULTANT to provide planning/urban design services. WHEREAS, the CDC has determined that the CONSULTANT is a planning/urban design firm 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 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. Colby Young hereby is designated as the Project Coordinator for the CDC and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Randi Coopersmith 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 $75,000 (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 mariner of performance and/or the compensation payable to the CONSULTANT. 6. LENGTH OF AGREEMENT. The term of this Agreement shall commence on September 15, 2009, and terminate on June 30, 2011, unless sooner terminated as provided for herein. 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. 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 2 City's Standard Agreement — June 2008 revision 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, in force at the time services are rendered. 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 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. 3 City's Standard Agreement - June 2008 revision 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 represents 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 CONTRACTOR/ CONSULTANT [CHOOSE ONE] 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 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. 4 City's Standard Agreement - June 2008 revision 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to indemnify and hold harmless the City of National City, its officers and employees, against and from all liability, loss, damages to property, injuries to, or death of any person or persons, and all 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 Califomia 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 claim. 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. If CONSULTANT has no employees subject to the California Workers' Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CDC. 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 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. 5 Citys Standard Agreement — June 2008 revision 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 Bests Key Rating Guide, or a company equal financial stability that is approved by the CDC's Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CDC's Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the 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. 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. 6 City's Standard Agreement —June 2008 revision 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 such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CDC: To CONSULTANT: Brad Raulston Executive Director Community Development Commission City of National City 1243 National City Boulevard National City, CA 91950-4301 Randi Coopersmith Latitude 33 4933 Paramount Drive, Second Floor San Diego, CA 92123 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 7 Citys Standard Agreement — June 2008 revision 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CDC of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CDC in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CDC. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CDC for all damages, costs or expenses the CDC may suffer by virtue of any violation of this Paragraph 21 by the CONSULTANT. 23. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. 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 8 City's Standard Agreement — June 2008 revision 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 OF THE CITY OF NATIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: George H. Eiser, Ill City Attomey TITU orporation — rtnership — proprie By: B 33 gnatures of two corporate officers) e sr nature) shi. — one suture) (Name) (Print) (Title) C • Jettoki 607COPV5abili (Print) Sig-- f /ft /Pet_ (Title) 9 Citys Standard Agreement — June 2008 revision Latitude 33 Planning and Engineering File: 101-098 August 25, 2009 CITY OF NATIONAL CITY Scope of Services 1. Preparation of Area Plans and Design Guidelines 2. Master Planning Preparation and Document Review 3. Physical/Site Planning Preparation and Review 4. Zoning Code Review and Revisions 5. Civil Engineering Plan Preparation and Review 6. Civil Engineering Studies Preparation and Review 7. Site/Field Survey 8. Landscape Architecture Design and Review 9. On -Site Landscape Design Preparation and Review 10. Streetscape Plan Preparation and Review 11. Street Median Plan Preparation and Review 12. Parking Facility Landscaping Plan Preparation and Review 13. Architecture Design and Review 14. Analysis and Projection of Physical Building Form at Urban and Neighborhood Scales 15. Exterior Spatial Analysis 16. Visual Simulations 17. Public Participation and Consensus Building 18. Community Outreach/Facilitation 19. Governmental Affairs 20. Demographic and Economic Forecasting 21. Business Valuations 22. Market and Financial Feasibility Studies J.IPROM01101-000 to 101-09911o1-0981101-098 - Scope of Services do 4933 Paramount Drive, Second Floor, San Diego, CA 92123 (858) 751-0633 • Fax (858) 75]-0634 • email mailbox@latitude33.com 1 ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYY) 08/21/09 PRODUCER 0A99520 Cavignac & Associates B Street, Suite 1800 San Diego, CA 92101-8005 certificates®cavignac-com 1-619-234-6848 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED Latitude 33 Planning & Engineering 4933 Paramount Drive, 2nd Floor San Diego, CA 92123 INSURERA, The Travelers Indemnity Company of Connecticut INSURERS:Travelers Property Casualty Company of America INSURERC:XL Specialty Insurance Company INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICYEFFECTIVE DATE IMMIDD/YYI POLICY EXPIRATION - DATE (MMIOD/YYl LIMITS A GENERALLIABIUTY X COMMERCIAL GENERAL LIABILITY 6806446L474 10/21/08 10/21/09 EACHOCCURRENCE $ 1,000,000 FIRE DAMAGE (Any one fire) $1,000,000 CLAIMS MADE I X 'OCCUR $ 1, 000 MED EXP (Anyone person) X No Deductible PERSONAL&ADVINJURY $ 1,000,000 X GENT Cross Liab. included GENERALAGGREGATE $2,000,000 AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG $ 2,000,000 POLICY X JFT LOC A AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED AUTOS BA6462L892 10/21/08 10/21/09 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ B EXCESSLIABILITY X_I X OCCUR CJ CLAIMSMADE DEDUCTIBLE RETENTION $-0- CUP7777Y385 10/21/08 10/21/09 EACHOCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 $ $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY UB7396Y02908 10/21/08 10/21/09 X WCSTATU- OTFF TORYIIMITS FR E.L. EACH ACCIDENT s1,000,000 El. DISEASE - EA EMPLOYEE $ 1,000,000 EL_ DISEASE -POLICY LIMIT $1,000,000 C OTHER Professional Liability Claims made, defense costs included w/in limit DPR9614616 10/21/08 10/21/09 Each Claim $1,000,000 Aggregate $2,000,000 $ DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS RE: On Call Agreement CDC, its officers, employees and volunteers are named as Additional Insureds Primary & Non -Contributory with respects to General Liability and Additional Insureds with respect to Auto Liability per attached forms. Primary applies to Auto Liability per policy form. Waiver of Subrogation in favor of those listed above applies to Workers Compensation per attached form. CERTIFICATE HOLDER y ADDITIONAL INSURED; INSURER LETTER: CANCELLATION 10 days NOC for non-payment of premium. (RE: On Call Agreement) The Community Development Commission City of National City 9: Colby Young 3 National City Boulevard National City, CA 91950-4301 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL L X 1 MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO 50 SHALL IMPOSE NO OBLIGATION OR LIABILITY Of ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25-S (7197) DonnaP 12841936 0 ACORD CORPORATION 1988 POLICY NUMBER: 6805446L474 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED insurance that is available to such additional insured (Section 1I): which covers such additional insured as a named insured, Any person or organization that you agree in a "contract and we will not share with the other insurance, provided or agreement requiring insurance" to include as an that: additional insured on this Coverage Part, but only with (1) The "bodily injury" or "property damage" for respect to liability for "bodily injury", "property damage" which coverage is sought occurs; and or "personal injury" caused, in whole or in part, by your (2) The "personal injury" for which coverage is acts or omissions or the acts or omissions of those sought arises out of an offense committed; acting on your behalf: after you have entered into that "contract or agreement a. In the performance of your ongoing operations; requiring insurance". But this insurance still is excess b. In connection with premises owned by or rented to over valid and collectible other insurance, whether you; or primary, excess, contingent or on any other basis, that is c. In connection with "your work" and included within available to the insured when the insured is an additional the "products -completed operations hazard". insured under any other insurance. Such person or organization does not qualify as an C. The following is added to Paragraph 8. Transfer Of additional insured for "bodily injury", "property damage" Rights Of Recovery Against Others To Us in or "personal injury" for which that person or organization COMMERCIAL GENERAL LIABILITY CONDITIONS has assumed liability in a contract or agreement. (Section IV): The insurance provided to the additional insured is We waive any rights of recovery we may have against any limited as follows: person or organization because of payments we make for d. This insurance does not apply on any basis to any "bodily injury", "property damage" or "personal injury" person or organization for which coverage as an arising out of "your work" performed by you, or on your additional insured specifically is added by another behalf, under a "contract or agreement requiring endorsement to this Coverage Part. insurance" with that person or organization. We waive e. This insurance does not apply to the rendering of or these rights only where you have agreed to do so as part failure to render any "professional services". of the "contract or agreement requiring insurance" with f. The limits of insurance afforded to the additional such person or organization entered into by you before, insured shall be the limits which you agreed in that and in effect when, the "bodily injury" or "property "contract or agreement requiring insurance" to damage" occurs, or the "personal injury" offense is provide for that additional insured, or the limits committed. shown in the Declarations for this Coverage Part, D. The following definition is added to DEFINITIONS whichever are less. This endorsement does not (Section V): increase the limits of insurance stated in the LIMITS "Contract or agreement requiring insurance" means that OF INSURANCE (Section III) for this Coverage part of any contract or agreement under which you are Part. required to include a person or organization as an B. The following is added to Paragraph a. of 4. Other additional insured on this Coverage Part, provided that the Insurance in COMMERCIAL GENERAL LIABILITY "bodily injury" and "property damage" occurs, and [he CONDITIONS (Section IV): "personal injury" is caused by an offense committed: However, if you specifically agree in a "contract or a. After you have entered into that contract or agreement requiring insurance" that the insurance agreement; provided to an additional insured under this Coverage Part b. While that part of the contract or agreement is must apply on a primary basis, or a primary and non- in effect; and contributory basis, this insurance is primary to other c. Before the end of the policy period. CGD3810907 02007 The Travelers Companies, Inc Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 ig TRAVELERS WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 (00) POLICY NUMBER: UB7396YO2908 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be % of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS COMPLETED A WRITTEN AGREEMENT TO PROVIDE THIS WAIVER. 7 COMMERCIAL AUTO Physical Damage Coverage is extended to "autos" that you hire, rent or borrow subject to the following: (1) The most we will pay for "loss" in any one "accident" to a hired, rented or borrowed "auto" is the lesser of: (a) 550.000: (b) The actual cash value of the dam- aged or stolen property as of the time of the "loss'; or (c) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality (2) An adjustment for depreciation and physical condition will be made in deter- mining actual cash value in the event of a total "loss"- (3) If a repair or replacement results in better than Like kind or quality, we will not pay for the amount of betterment_ (4) A deductible equal to the highest Physical Damage deductible applicable to any owned covered "auto". (5) This Coverage Extension does not apply to: (a) Any "auto" that is hired, rented or bor- rowed with a driver, or (b) Any "auto" that is hired, rented or bor- rowed from your "employee". F. BLANKET WAIVER OF SUBROGATION SECTION IV — BUSINESS AUTO CONDITIONS, A. Loss Conditions, 5. Transfer Of Rights Of Recovery Against Others To Us is deleted and replaced by the following: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex - Page 2 of 2 tent required of you by a written contract exe- cuted prior to any "accident" or "loss", pro- vided that the "accident" or "loss" arises out of the operations contemplated by such con- tract. The waiver applies only to the person or organization designated in such contract. G. BLANKET ADDITIONAL INSURED SECTION 11— LIABILITY COVERAGE. part A. 1. Who Is An Insured, paragraph c. is amended by adding the following: Any person or organization that you are required to include as an additional insured on this Cover- age Form in a written contract or agreement that is signed and executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period is an "insured" for Liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section 11. H. EMPLOYEE HIRED AUTOS SECTION II — LIABILITY COVERAGE, A. Cov- erage, 1. Who Is An Insured is amended by add- ing the following: An "employee" of yours is an "insured" while op- erating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. I. COVERAGE EXTENSION — TRAILERS SECTION 1 — COVERED AUTOS, C. Certain Trailers, Mobile Equipment and Temporary Substitute Autos, paragraph 1. is deleted and replaced by the following: 1. "Trailers" with a load capacity of 3,000 pounds or less designed primarily for travel on public roads. Includes the copyrighted material of Insurance Services Office. Inc_ with its perrntssron. CA T4 20 07 06 Includes the copyrighted matenal of the St Paul Travelers Companies, Inc ocae25 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AUTO COVERAGE PLUS ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorse- ment, the provisions of the Coverage Form apply untess modified by the endorsement_ A. PERSONAL EFFECTS COVERAGE SECTION III — PHYSICAL DAMAGE COVER- AGE, A. Coverage, 4. Coverage Extensions is amended by adding the following: Personal Effects Coverage We will pay up to S4DD for "loss" to wearing ap- parel and other personal effects which are: (1) owned by an "insured"; and (2) in or on your covered "auto"; in the event of a total theft "loss" of your covered "auto". No deductibles apply to Personal Effects Cover- age. B. AUTO LOAN LEASE GAP COVERAGE SECTION III — PHYSICAL DAMAGE COVER- AGE, A. Coverage, 4. Coverage Extensions is amended by adding the following: Auto Loan Lease Gap Coverage for Private Passenger Type Vehicles In the event of a total "lass" to a covered "auto" of the private passenger type shown in the Schedute or Declarations for which Physical Damage Cov- erage is provided, we will pay any unpaid amount due on the lease or loan for such covered "auto" less the following: (1) The amount paid under the Physical Damage Coverage Section of the policy for that "auto": and (2) Any: (a) Overdue lease/loan payments at the time of the loss": (b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage: (c) Security deposits nol returned by the les- Sor: CAT4200706 C. D. E. (d) Costs for extended warranties. Credit Lite insurance. Health, Accident or Disability Insurance purchased with the loan or lease: and (e) Carry-over balances from previous loans or leases. COVERAGE EXTENSION — AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT NOT DESIGNED SOLELY FOR THE PRODUCTION OF SOUND SECTION Itt — PHYSICAL DAMAGE COVER- AGE, B. Exclusions, exception paragraph a. to exclusions 4.c & 4.d is deleted and replaced with the following: a. Equipment and accessories used with such equipment. except tapes, records or discs, provided such equipment is permanently in- stalled in the covered "auto" at the time of the "loss" or is removable from a housing unit which is permanently installed in the covered "auto" at the time of the "loss", and such equipment is designed to be solely operated by use of the power from the "auto's" electri- cal system. in or upon the covered "auto"; or WAIVER OF DEDUCTIBLE — GLASS SECTION Ill — PHYSICAL DAMAGE COVER- AGE, D. Deductible is amended by adding the following: No deductible tor a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. HIRED AUTO PHYSICAL DAMAGE COVER- AGE SECTION III — PHYSICAL DAMAGE COVER- AGE, A. Coverage, 4. Coverage Extensions is amended by adding the following: Hired Auto Physical Damage Coverage Exten- sion If hired "autos" are covered 'autos" for Liability Coverage and this policy also provides Physical Damage Coverage for an owned "auto", then the Includes the copyrighted material of Insurance Services Office, Inc. with its permission. Page 1 of 2 Includes the copyrighted material of The St. Paul Travelers Companies. Inc_ City of National City, California COUNCIL AGENDA STATEMENT .AEETING DATE September 15, 2009 AGENDA ITEM NO. 26 ITEM TITLE Presentation on the National City First Time Homebuyer Program PREPARED BY Carlos Aguirre (Ext. 4391) EXPLANATION DEPARTMENT Housing and Grants Division Community Development Dep According to U.S. Census 2000 Data, only 34.3% of National City's housing stock is owner occupied. Under the current National City Strategic Action Plan Objective 6B, the City Council has expressed an interest in addressing the low rate of owner occupancy by increasing opportunities for homeownership and has directed staff to develop and implement programs to assist residents to become homeowners. Staff requests that Council review the draft program guidelines and share their input through the process. The final draft of the program will be presented for approval by the City Council on November 17, 2009. The National City Community Development Commission has assisted over 350 first time homebuyers with "silent second," deferred principal payment mortgages and down payment assistance in the past and has recently developed the capacity to administer the program once more. Our target for the current fiscal year is to assist 8 to 10 homebuyers with the program. The Housing and Grants Division intends to request proposals to originate and process the loans generated. Although preference may be given to National City residents that apply, the program will work on a first come, first serve basis and will be closed when funds are depleted. The program will reopen on the availability of program income or new program allocations as may become available with authorization from City Council. Environmental Review NIA Financial Statement Approved By: • Finance Director The Council has appropriated $358,090.00 in HOME program funds for FY2009-2010. Account No. 505 STAFF RECOMMENDATION Not applicable to this report. BOARD I COMMISSION RECOMMENDATION Not applicable to this report. ATTACHMENTS ( Listed Below) Resolution No. Attachment No. 1: FTHB Program Summary (Draft) Attachment No. 2: Implementation Timeline Attachment No. 3: FTHB Program Guidelines (Draft) A-200 (9/99) Attachment No.1: FTHB Program Summary 02-.611p NATIONAL CITY FIRST TIME HOMEBUYER PROGRAM ELIGIBLE BORROWERS • The applicant may not have held an ownership interest in real property within the past three years. • Income must be at or below 80% of the currently published San Diego County area median income, adjusted for household size. Household Size Annual Income 1 person $46,250 2 people $52,900 3 people $59,500 4 people $66,100 5 people $71,400 6 people $76,700 7 people $81,950 8 people $87,250 • Households will be required to provide a down payment or cash investment. A minimum contribution of 3% of the total purchase price of the property will be required from the borrower's personal funds and must be used for down payment, closing costs or cash reserves, no gifts. • Maximum liquid assets after down payment and closing cost contribution may not exceed $25,000. • Priority is given to current residents of the City of National City and households who are employed in businesses within the City of National City at the time of application. Income - eligible employees of the City of National City are encouraged to apply. ELIGIBLE PROPERTIES • Properties must be located within the City of National City limits. • Properties can be new or resale single-family homes, including detached homes, condominiums and townhouses. Duplexes, triplexes or fourplexes do not qualify as eligible properties. • Properties must be owner -occupied or vacant. The City will not incur costs for tenant relocation. • Properties must meet local housing code standards upon occupancy. Properties built prior to 1978 must meet compliance with lead -based paint hazard regulations. • The maximum purchase price cannot exceed 95 percent (95%) of the median purchase price for the area, as determined by the U.S. Department of Housing and Urban Development ($451,250 effective 1/09). LOAN TERMS • The maximum loan amount shall be 20% of the purchase price up to $40,000. Up to 2% of the purchase price may be funded by the City loan toward payment of closing costs. • No interest is charged on the loan (except in the case of default). Instead, the program is based on an equity share. The amount of equity due to the City is based upon the number of years after the date of execution of the City's loan. It begins at 50% of the equity and decreases by 5% each year. After 10 full years of owner occupancy, there is no equity share. • The loan principal shall become due and payable at the time of the property's transfer of title, refinance (except as earlier defined), rental or sale. Attachment No 2: FTHB Program Implementation Timeline TIMELINE FOR THE NATIONAL CITY FIRST TIME HOMEBUYER PROGRAM FISCAL YEAR 2009-2010 April 21, 2009 (Tuesday) City Council Annual Action Plan Approval Council authorizes allocation of $358,090 for FY09-10. August 31, 2009 (Monday) FTHB Program Draft Guidelines Created Final draft of the program guidelines and budget for FY09-10 is completed. September 2, 2009 (Wednesday) Staff Report due for the September 15th City Council Meeting Submit draft Program Guidelines and presentation to the City Council. September 15, 2009 (Tuesday) Item on City Council on Program Goals and Guidelines Presentation on Draft Program Guidelines September 21, 2009 (Monday) RFP made available to the General Public The RFP is published on the National City website and made available by the Housing and Grants Division. September 28, 2009 (Monday) RFP Workshop and Q&A at MLK Center, 10.am. Presentation on Qualifications, Requirements, and Scope of Work to potential respondents. October 8, 2009 (Thursday) RFP Submissions Due October 19, 2009 (Monday) City Selects RFP Contract Candidate October 19 to November 3, 2009 Contract Negotiations Period Contract terms are finalized by Nov. 3 November 4, 2009 (Wednesday) Staff Report due for the Nov. 17th City Council Meeting - Submit final Program Guidelines and Contract for review. November 17, 2009 (Tuesday) City Council Resolution Council approves final Program Guidelines and Contract. Nov. 18 to Dec. 17 2009 City Markets FTHB Program Program marketing materials are created and distributed. January 4, 2009 (Monday) FTHB Program Funds released to the General Public Contract period begins with Contractor for 6 months. Attachment #3: FTHB Program Guidelines FIRST-TIME HOMEBUYER PROM MANUAL Shared Equity: Down payment and Closing Cost Assistance ty of National City opment Department using an rants Division 43 National City Blvd. anal City, CA 91910 (619) 336-4391 (619) 336-4286 Fax EFFECTIVE: January 4, 2009 (Subject to change) EQUAL HOUSING OPPORTUNITY CITY OF NATIONAL CITY Attachment #3: FTHB Program Guidelines FIRST-TIME HOMEBUYER PROGRAM MANUAL TABLE OF CONTENTS Effective June 18, 2008 PURPOSE OF THE PROGRAM MANUAL GENERAL DEFINITIONS SECTION I -BORROWER ELIGIBILITY REQUIRMENTS A. ELIGIBLE BORROWER B. INCOME CRITERIA C. HOUSEHOLD ELIGIBILITY REQUIREMENTS D. ELIGIBLE PROPERTIES E. MAXIMUM PURCHASE PRICE F. LOAN PROCEDURES AND TERMS SECTION II -PROGRAM ADMINISTRATION AND PROCEDURES' A. LENDER ELIGIBILITY B. LOAN ORIGINATION AND PROGRAM APPLI C. CITY APPLICATION PACKET D. PROPERTY INSPECTION E. CITY PROCESSING F. LOAN CLOSING G. CANCELLATION AND COMMITMENT: SECTION III- CHANGES PRIOR TO' APPENDIX A-INCOMa APPENDIX B-SEQUENCE OF LO APPENDIX C-CITY LQ I QUA APPENDIX D-SECTIO APPENDIX E;SHAtED EQ _a EXAMP NT POLICY TANDARDS (HQS) 2 Attachment #3: FTHB Program Guidelines PURPOSE OF THE PROGRAM MANUAL The purpose of this Program Manual is to describe the program and delineate the role of the City, the applicant/borrower and the lenders. This document contains a description of the City of National City First -Time Homebuyer Program requirements, processing procedures and program administration. Loan processing forms are contained in a separate document. The City may revise these guidelines from time to time. Public notice will be given for significant program changes before adoption. The City encourages all eligible homebuyers to apply. Participating lenders are expected to be well informed about all the restrictions contained in this manual so that both applicants and sellers are aware of these restrictions before the application is cepted. The lender will reject those applications where the information submitted indicates'tiaf the applicant does not qualify for the program. GENERAL DEFINITIONS AFFIDAVIT: A deposition filed in connection wi penalties of perjury e program made er oath and subject to APPLICANT: Any person who applies for City loama5sist ASSETS: Cash or a non -cash item tha personal property CITY: The City of National City Commune can be conki0 d to cash. Assets exclude necessary COMMITMENT: A document,' wi is origin approval of the application packagegand lend='s for issuance of a City;loan have been met. A' WILL ONLY ISSUE A`COMMITM FOR A L FUNDED. NO EXCEPTIO ment and isstr d by the City, based on review and certification that the requirements necessary mitment will be valid for 120 days. THE CITY THAT HAS BEEN APPROVED BUT NOT YET ELIGIBLE BORRO11f : Anyperson meeting the criteria as set forth in this manual ELIGIBLE DWELLING Re propey located within the City of National City. This may include a resident unit to be butt a ne'W'unit, or an existing. The unit must be designed as a residence for o ,e household and must meet property standards and criteria as set forth in this manual EQUITY: The do* lit that constitutes the difference between the sales price of the Property and the surrt, the following amounts; 1) principal on the First Note and Deed of Trust; 2) principal on the Second Note and Deed of Trust to the City of National City; 3) all costs of sale, including costs of brokers' commissions, escrow fees, title costs and fees, recording costs, etc.; 4) current year taxes, including all real estate taxes calculated to the date of sale; 5) borrower's down payment not including the loan from the City to Borrower; 6) costs of any capital improvements to the Property, provided such improvements were approved by the City prior to construction and provided that such improvements have been documented to the satisfaction of the City EQUITY SHARE: The equity share starts at 50%/50% between the Borrower and the City. The amount of the Borrower's share in the Equity of the Property shall increase by five percent (5%) per year, measured on the anniversary date of the Deed of Trust. Correspondingly, the 3 Attachment #3: FTHB Program Guidelines City's share in the equity of the Property shall decrease by five percent (5%) per year. In the event that no Equity exists at the time of transfer or sale, the City loan (HOME funds) will still be due and payable. In the event that a negative Equity situation exists, and the full amount of the City loan is not available to be recaptured, the amount of the loan required to be repaid to the City will be set forth in the HOME agreement between the Borrower and the City. A Shared Equity example is attached as Appendix E. EXISTING HOME (RESALE HOME): A dwelling unit that has been previously occupied. HOME FUNDS/HOME INVESTMENT: Funds received pursuant to the HOME Investment Partnership program under the Department of Housing and Urban Development (HUD), codified at 42.U.S.C. Section 12701, et seq., 24 CFR Part 92, to provide Bids for affordable housing HOMEOWNER INVESTMENT: Homeowner's down paynnent and any capital improvement investment made by the owner since purchase INCOME: The gross amount of all taxable incomefor all mortg rs and adult household members that is anticipated to be received during t o coming twelve-0) months. All income derived from any source, including income fIn wages (gross pay overtime, pensions, veteran's compensation, bonuses, public assistance, alimonynet rental intgfame, dividends and interest, etc. must be included. Non-taxable ince mustlisted, but bracketed, in order to exclude this income from the annual family income...calculation; verification of non-taxable status may be required. ISSUER: Community Development Community Development Department o of the'ity of National City through the tional City LENDER: A financial ins &tut ,whether beer, retaV or wholesale, licensed to provide mortgage loans in the Mate of California The institution must meet all the requirements established by the City: n order to participate as a lender in the City program LENDING SERVICES close, and pact eland service tine loan. ted contractor that will process, underwrite, LOAN: P extension of ct- vided to an Eligible Borrower to finance the purchase of an Eligible;Dwelling Na i k LOW-INCOME• A householwith income at or below 80% of the Area Median Income as established by the U.S. Department of Housing and Urban Development. Every 12-18 months, the U.S. Departm' of Housing and Urban Development updates these figures NEW HOME: A dwe ing unit that is proposed to be constructed, is currently under construction, or exists but has not been previously occupied edit p� NET PROCEEDS: Sales price minus loan repayment and closing costs OWNERSHIP: Any of the following interests in residential property: fee simple interest; joint tenancy; tenancy in common; interest of a tenant -shareholder in a cooperative; life estate; interest held in trust for the Applicant that would constitute a present ownership interest if held by the Applicant 4 Attachment #3: FTHB Program Guidelines PRINCIPAL RESIDENCE: Residence must be occupied as the primary home of the buyer and be defined as one of the following types of residences: 1) single-family house; 2) condominium unit; 3) town home unit PROHIBITED MORTGAGE: Subordinate mortgages and any liens superior to the City First - Time Homebuyer loan, other than the new first Trust Deed. PROPERTY STANDARDS: Minimum performance standards a property must meet for program eligibility. Standards are established in 24 CFR Part 882 (Housing Quality Standards), as attached as Appendix D PROPERTY VALUE: Value of the eligible property as determined,y a certified appraisal PURCHASE PRICE: Cost of acquiring the residence, excluding ;usual and reasonable settlement or finance costs, and the value of services performed by mortgagor in completing the acquisition RELATED PERSON: Anyparty(ies) who mayh v beneficial intere' the sale or financing P ttY(� ) �9 of the subject property, other than a qualified l SINGLE-FAMILY RESIDENCE: Housing unit wtenderx ;and used for occupancy by one household 5 Attachment #3: FTHB Program Guidelines SECTION I BORROWER ELIGIBILITY REQUIREMENTS Both federal and state law sets borrower eligibility requirements. Income guidelines are modified, based on federal directives every twelve to eighteen months. The City will notify the Lenders when those changes take place, including the effective date of each change. In an attempt to assure that all requirements are clear, the First-time Homebuyer Application and Affidavit are required to be signed by each Applicant and must be included in the Application Package submitted to the City. A. ELIGIBLE BORROWERS 1. Qualified applicants must be first-time homebuyersc The Applicant may not have held an ownership interest in his/her Principal Residence within the pas .hee years. This timeframe includes those 36 months before the date the mortgage is executed. In the case of a married couple, both parties must meet this r giuirement. The buye ,,spouse and any other parties who will be listed on title must meet this requirement. The' ender must verify this through his/her examination of the AppliPktp federal, tax returns for he preceding three years. The Applicant(s) cannot have claimedatdeductiVK for mortgage interest or taxes on real property claimed as a Principal Residence. 2. To demonstrate compliance with this requirement, ,Applicants must complete and sign the First-time Homebuyer Application nd davit an provide copies of their last three (3) years signed federal tax returns (or-, ^ cep e„alternati _exhibits). a) The Applicant(s) can provide the signed4 1040- QEZ 604441,40 federal income tax forms for the preceding years, including all schedules These fca ns shall be submitted to the Lender and forwarded to the.C`'. ' the cow feted loan application. The tax returns must be signed and dated iniue ink by t ae Applirts. b) If the Applicants) has/have fi the sham form, 1040A or 1040EZ for the last three (3) years, completes and signs t ,required af,avits, but is unable to produce copies of the signed returns, the p��� pleted copy of IRS Letter Form 1722 in lieu of actual returrns. The p i t may request` this letter, free of charge, from the local IRS Office.'Let € 722 � �st include the signature of a representative of the IRS. Letter Form t 1722 should nv de ollowing information: Name and social se"jty number Type of retur! Marital status iv. shown on urn v. As ust d grog ncome vi. vii. Self-emp ent tax viii. Number of exemptions c) In the event the Applicant(s) was not obligated to file federal income tax returns for any of the preceding three (3) years, it will be necessary for the Lender to obtain a completed and signed Income Tax Affidavit from the Applicant, which is required in place of the above. This document is to be forwarded to the City with the application package. d) If either copies of the required tax returns or the 1722 Form cannot be obtained, the Lender may be able to help the Applicant establish first-time homebuyer status with copies of utility bills and a signed and notarized statement from the Applicants landlords for the previous three years. e) When the Commitment is issued during the period between January 1 and February 15 and the Applicant has not yet filed his/her/their Federal Income Tax Return for the preceding 6 Attachment #3: FTIIB Program Guidelines year, the City may rely on an affidavit. The affidavit must affirm that the Applicant is not entitled to claim deductions for taxes or interest on a principal residence for the preceding year. After February 15, a tax return will be required. 3. Upon close of escrow, the buyer must occupy the home as their Principal Residence. 4. Applicant(s) need not be a U.S. citizen. Legal resident aliens are eligible to apply but must show proof of status. 5. Priority is given to current residents of the City of National City and households who are employed in businesses within the City of National City at the time of application. 6. City of National City employees are eligible to participate. B. INCOME CRITERIA 1. Income must be at or below 80% of the currently pu income, adjusted for household size. Income limits Department of Housing and Urban Development an, ire w with this requirement, applicants may not obtainstated must be a qualifying factor in loan approval. ed San Diego County median been established by the U.S. asted annually. In accordance mcar" loans. The true income Household Size n ual Income 1 person $6,250 44 2 people $ 900 3 people $59,5 *' 4 people $66,100 5 people °_ 71,400``a, 00 6 people 7 people $8 8 p p.l 25 33 19, 2009' 2. Gross income is ;maculated biking they applicant's anticipated adjusted gross monthly income, at the timef appl. and m plying it by twelve. Adjusted gross income includes the gross a FaI j income, before payroll deductions of: wages, salaries, c mmissions, tips and bonu s, alimony, public assistance, etc. The adjusted gross lnc{ me also;ccludese income earned on assets, such as dividends earned on stock and: Serest earned save and checking. The adjusted gross income qualification is purse nt to the 24 C R 92 20 b)(3) for reporting under the IRS Form 1040 series for individuafederal annualr. come x purposes. Gross income includes the combined taxable adjusted g s income o mortgagors and all other adult members of the household. a. Self -dyed or Seasonal Employees: The formula that the Lender uses to determine the anticipated � d monthly income of self-employed and/or seasonal workers is acceptable I? ovided that all income as described in this manual is included in the calculation. b. Co-Borrower/Co-Mortgagor: If a co -borrower or co -mortgagor will be on both the title and the deed of trust, his/her income must be included in determining eligibility for the program. The IRS regulation states "income to be taken into account in determining gross income is income of the mortgagor(s) and any other person who is expected to both live in the residence being financed and to be secondarily liable on the mortgage." c. Spouses: Married couples are treated as co -applicants, whether: 1) they are separated; 2) either spouse is applying for the loan; or 3) either spouse plans to be named on title. d. Computing Income Attachment #3: FTHB Program Guidelines i. Program Computation vs. Mortgage Underwriter's Computation: The City loan figure represents ANTICIPATED income, while the Lender's figure represents income AVERAGED over the last few years and the City program requires that every source of taxable and non-taxable income be listed on the Income Computation Worksheet, however, non-taxable income should be bracketed and not added into the maximum annual family income calculation. ii. Income Parameters: See Appendix A of this manual for examples of sources of income, which must be considered in computing buyer income. iii. Military Pay: See Appendix A of this manual for Military Pay explanations. iv. Self -Employed: Year-to-date profit and loss statement and three prior year's tax returns are required. v. Other Income: Sources of income other than wageszust be documented by third party verifications. In cases where the third partytfails to respond, acceptable alternative sources of documentation can be determined on a case -by -case basis and should follow standard FNMA income ver!fcatiot guidelines. vi. Documentation: In cases where the AppjAcak is employed, acceptable sources of documentation used to verify income >c 'de a recent: y stub with year-to-date earnings and an employer Verificati of Earnings statement (VOE). If the application is taking place during first four months of theyear, a year-to-date total may be insufficient. The Ler must supplement the pays stub information with the prior year W-2 statement' , , d/or tax returns. On some pay stubs, the year-to-date earnings include pay from tape ,;fast part of the prior year. If this is determined to be the castrequest that t employer submit a signed statement of verification of exact y' tte income Miscalculation can result in the determination of excess in BF e and disqualification of the buyer. vii. Income Verification:The L .er be _x IDie burden of proving that the Buyer's income is within the program g ne The computation should be clear, complete, ar d doc t ented by t party''verifications, to the greatest extent possible. viii. No Inco me:° Adult me ers, 18 years and older, of the household who have no income mustcompletand sign th Declaration of No Income form. 8 Attachment #3: FTHB Program Guidelines C. HOUSEHOLD ELIGIBILITY REQUIREMENTS 1. Households shall have sufficient income and credit -worthiness to qualify for primary financing from a participating lender. 2. Households will be required to provide a down payment or cash investment. A minimum contribution of 3% of the total purchase price of the property will be required from the borrower's personal funds and must be used for down payment, closing costs or cash reserves, no gifts. 3. Maximum liquid assets after down payment and closing cost contribution may not exceed $ 25, 000. D. ELIGIBLE PROPERTIES 1. Properties must be located within the City of National:p 2. Properties can be new or resale single-family .homes, cluding detached homes, condominiums and townhouses. Duplexes, tripl 's or fourplex do not qualify as eligible properties. 3. Properties must be owner -occupied or va relocation. 4. Properties must meet local code inspection stadardspon occupancy. See Appendix D for detailed Housing Quality Standards. 5. Properties built prior to 1978 my Notification, Evaluation and Redo property and housing receiving ass Part 35] MAXIMUM PURCHASE4PR The maximum purc for the area, as de ($451,250. effective 1/0' The City will note r costs for tenant eet compliance with lead -based paint regulations for zof lead base paint hazards in federally owned fiRai Regon (September 15, 1999) [24 CFR exceed percent (95%) of the median purchase price e U.S. Department of Housing and Urban Development 1. The -' imum loan aril e 20% of the purchase price up to $40,000 subject to the condit' of the prop quaking factors and staff assessment. Up to 2% of the purchaser 4,,ce may be ed by the City loan toward payment of closing costs. The City loan may b MSed towar he down payment, closing costs, an interest rate buy -down or any combinat,there 2. The maximum C'k gibined loan to value) of the City and the new 1st Trust Deed loans shall not exceed tF f ximum approved CLTV required by the 1st mortgage lender. 3. Non -occupant co -borrowers shall not be allowed. 4. Total housing ratio (PITI) cannot exceed 36% of Applicant(s) gross monthly income. The City may make exceptions if less than twenty percent payment shock is involved. 5. Total debt -to -income ratio may not exceed 45% or 41% if obtaining an FHA loan. 6. No prepayment penalty allowed. 7. Maximum fees to the Applicant of 1.25% origination, discount points for below par pricing only, and $350 processing are acceptable for the purchase transaction. No other Broker or Admin type fees allowed. Other third party fees that are reasonable and customary are allowable. 8. The terms of the City's second trust deed are designed to encourage long-term residency in the program -assisted home. No interest is charged on the loan (except in the case of 9 Attachment #3: FTHB Program Guidelines default). Instead, the program is based on an equity share. The amount of equity due to the City is based upon the number of years after the date of execution of the City's loan. It begins at 50% of the equity and decreases by 5% each year. After 10 full years of owner occupancy, there is no equity share. Only the principal remains due and payable. See shared equity example in Exhibit E. 9. The loan shall become due and payable at the time of the property's transfer of title, refinance (except as earlier defined), rental or sale. 10.The loan shall also become due and payable when the acceleration clause is triggered. The acceleration clause will be in effect when the property is no longer the principal place of residency of the eligible homebuyer, or upon discovery of willful misrepresentation or fraud in connection with the program. Rental of the property is prohibited and will cause the loan to be accelerated. 11. Second and subsequent mortgages to the new First Tru t.,�t eed, except for this City Loan, are not permitted. 12.The loan is not assumable. 13. A Promissory Note and Deed of Trust will secure the 14 n. 14.The City Loan can be used with conventional, F 1'A, and othe ns issued be a qualified lender, except adjustable rate mortgages Tess than fiv`et wears fixed, negative amortization and stated income mortgages 15.The City of National City Community Deve pment Dp artment does,.Oot underwrite the loans. Lenders will process the underlying ortg using standard procedures, with adjustments to those procedures to conform to theloan guidelines. 10 Attachment #3: FTHB Program Guidelines SECTION II PROGRAM ADMINISTRATION AND PROCEDURES Eligible Applicants will apply for the City of National City's First -Time Homebuyer Program in conjunction with normal mortgage loan application procedures. The City loan application must be filed with an application for a mortgage to a Participating Lender. The City loan processing procedures are designed to coincide with the standard mortgage loan processing and underwriting criteria that are in place at most mortgage lending institutions, although there are some City restrictions that must supercede normal processing and underwriting criteria. Recognizing that there are procedural vpriations among participating lenders, the steps outlined here are meant to serve as sequnial guidelines. Please note, however, that all elements of the processingsequence must b e edm leted at some point. 4 �,� P A. LENDER ELIGIBILITY A lender is defined as a financial institution wh ether broker, retail, owholesale, licensed to make first mortgage loans in the State of Califon i . All Lenders who wr o participate in the City program must be enrolled as a participatrn" lender. T;enroll and maintain active status a lender must: 1. Attend a lender certification course by The Lentr ervices Contractor 2. Agree to adhere to Quality Commit ent Policy. Please refer to Appendix C. 3. Designate a contact person for th m 4. Pay a lender certification fee of $ 5. All lending personnel involved with Cay ` ram st attend City training sessions and study and apply procedures list nth en e raining Handbook 6. Provide the First -tin es to e uyer Pry Manual 'and Lender Training Handbook to all loan processors 7. Cooperate with„City Housing f in providing the best possible service to the Applicants The Lender will be requir o �; ' '- tiorthat no material misstatements appear in the application a am ts. If t �t; der becomes aware of such, whether negligently or willfully ade, I e m` notify the City immediately. The Lender should also be aware and infhe ApplicantHof p ties provided by California law if a person makes a false statementor misreprese on �tlie sole purpose of participating in this program. Housing staff will a`all lawful actionsto confect or mitigate the problem. B. LOAN ORTGcflATION A PROGRAM APPLICATION 1. Borrower applie " _ " ' ender for a mortgage and City loan. Lender performs standard underwriting procedu qualify Applicant for a first mortgage, utilizing the City's required underwriting requirements in lieu of certain standard criteria. 2. Lender describes parameters of the City program to Applicant and determines eligibility based on a review of income, prior homeownership and all other factors listed in this manual. 3. Lender obtains three prior year's tax returns from Applicant and prepares to have the Seller Affidavit forwarded with instructions to the seller. 4. Lender gives the Applicant a copy of the City's First -Time Homebuyer Application and Affidavit. This document serves as the formal application to the City and contains the required certifications below: a. That the residence will be used as the Principal Residence and that the Applicant must notify the City when the home ceases to be the Principal Residence 11 Attachment #3 _ FTHB Program Guidelines b. That the Applicant has not had an ownership interest in a Principal Residence during the three year period prior to the date of application c. That this is a new mortgage loan* d. That the loan applied for does not constitute a prohibited mortgage* e. That the Applicant was not forced to apply through a particular Lender f. That the Applicant's gross annual household income does not exceed permitted income limits g. That no interest is being paid to a related person* h. Acknowledgment that any material misstatement or fraud is made under penalty of perjury *New Mortgage Requirements: The Lender and the Applicant,sing the Program Affidavits, state that the mortgage being acquired in connection with thetOf n will not be used to acquire or replace an existing mortgage or land contract. *Prohibited Mortgages: Any liens superior to the City, Fir t Time mebuyer Loan, other than the new first Trust Deed, are not allowed under any circumstances. *No Interest Paid to Related Persons: No interestbn the mortgage (orkcrtified indebtedness) may be paid to a person who is a "Related Person", any party(ies) who 04y, have a beneficial interest in the sale or financing of the subject property, other than the qualified Lender. C. CITY APPLICATION PACKET Lender transmits an application packet following City forms and additional docurntatio 1. City First -Time Homebuyer Application a Affictav 2. Complete copy of Le' der's First Mortgageoan Application 3. income Computation Worksheet and aft supporting documentation* 4. Most recent 30-day bank statement 5. Lead -Based Paint D►sclosu 6. Copy of Signed R`ec t 7. Seller„/Affidavit. 8. Purchase�'Contract and all Addendums signed by all parties 9. Appraisal and 4D 10.04 of Title Report 11.Threeyears of Federal;Income tax Returns and/or Declaration of No Income Affidavits* for a three,:, ear period 12. Funding 1 equest andcrow Information Sheet* 13. Letter of 'A.'"Assignmentf the Funding Lender is different than the Originating Lender: A copy of the NotriC ,• f Transfer signed at closing or a letter on company letterhead with the name, address, p one and fax number of the Funding Lender along with the date the assignment is being 'made will be sufficient) 14. Certificate of Completion for First -Time Homebuyer Education Training Course 15. Signed and executed copy of the Power of Attorney if applicable *City Forms are to be completed as high quality copies of the original documents. Updated forms will be provided to participating lenders as they are revised and may be ordered by phoning (619) 585-5722. Please note that all documents must be submitted in hard -copy form and are not accepted by facsimile. Mail the APPLICATION PACKAGE to: Lending Services Contractor ;ices Contractor that includes the 12 Attachment #3: FTHB Program Guidelines SERVICES CO as to com VICES des tes a4 Once funded LENDING SERVICES CONTRACTOR will deliver the APPLICATION PACKAGE to: City of National City Community Development Department/Housing and Grants Division 1243 National City Blvd. National City; CA 91910 Submission of the above mentioned forms/documents to the City constitutes completion of the APPLICATION PACKAGE. Technically, the originating broker's role is finished and the funding lender is responsible for submitting the final Close of Escrow Package. However, it is advisable for the broker to discuss with the funding lender their role in sitting the closing package, a failure to meet the Commitment expiration deadline can resglt n additional work and costs to both the broker and funding lender. D. PROPERTY CODE INSPECTION REQUIREMENT, The Lender must request that a City Housing Ins ,or conduct a pro p'eri inspection to ensure the subject property meet State and local ho �. g quality standards and,code requirements. The City will notify the Lender, Buyer, and Escrow of work neededrefer D. Al! properties built prior to 1978 reduction/abatement and clearance and Community Development Act of 1 Assessor (or equivalent per HUD prot present on the subject prop,, iy ,the City business days of such de� at on. A C Based Paint Risk Assessment of t copy of any and all Ri� S Assessme c the assessment. Red n or a required and must be wire transfer of yCiity's E. CITY, -ROCESSIN 1. LENDPN' a determina the LENDING' Commitment days. 2. The City will main a cumulative total of loan amounts reserved. When program funds are about to be depleted, the Lending Services Contractor will notify all participating Lenders. 3. Lender will complete the remainder of the standard mortgage application process 4. Package Turn -Around: City staff date -stamp packages and review in order of receipt. Turn around time for reviewing and sending a loan commitment or denial letter to the Lender is six (6) business days from the receipt of a complete package. 5. RUSH: Packages marked "RUSH" or "SUPER RUSH" etc. will not be processed ahead of other pending packages. 6. Incomplete Packages: Incomplete packages may delay the approval and subsequent issuance of the City Commitment Approval Letter. :property eport(s): moment of meet HUulations for notification, inspection, sed pain, zards under Title X of the Housing ity Cod A spector and/or City Certified Risk es th Lead -Based Paint Hazards are c Lender and Escrow within three (3) ified RI T ''Assessor will be scheduled a Lead - he Risk Assessor will provide all parties with a ;ithin seven (7) business days of the completing identified Lead -Based Paint Hazards will be e City prior to close of escrow and prior to RAC1 accepts and reviews the Application package and makes ness and accuracy. After the Application has been approved, TRACTOR will issue a Commitment to the Lender. The ervation number for the Application and is valid for 90 calendar 13 Attachment #3: FTHB Program Guidelines F. LOAN CLOSING 1. LENDING SERVICES CONTRACTOR partially completes the Closing Affidavit. 2. Lender and City forward loan documents to selected escrow officer with instruction for closing the loans. The buyer signs the City loan documents. The escrow officer forwards the copies of the executed Loan Documents back to the LENDING SERVICES CONTRACTOR. 3. Before the expiration of the 90-day commitment and prior to recordation, the Lender and Escrow send the Close of Escrow documents to LENDING SERVICES CONTRACTOR. These documents include: a. Signed copy of City Deed of Trust and Homeowner's Regulatory Agreement for the HOME program participation (Escrow sends original Deed of Trust:aand Agreement to County Recorder's Office), original Promissory Note, forgivable Note `'applicable), Truth in Lending Statement, Escrow Instructions and all amendments and copy of,estimated HUD 1 Statement. b. Closing Affidavit signed by the Applicant(s) at the time,'Of the oan closing. c. All outstanding loan conditions listed on the Commitment'=tenter and/or Instructions to Escrow. d. City reviews Closing Package and checks the file'to ensure all necessary documents have been submitted. 4. City loan documents are only good during the month that they are drawn and any delays may require the preparation of all City final loan OOcumeotSimith a corrected -date. There will be no funding into the month. ,x. 5. LENDING SERVICES CONTRACTOw will transfer funds by wire as instructed on the Funding Request and Escrow Information Sheet to ted in threw forms section of this Manual. Any secondary wires that are issued due to".rrorson ehalf oft he Lender, Escrow or Title Company will require an additional $35.00 re -wire and°s # be paid by the party at fault. Lenders must adhere to to rm'e me for ,City and BLENDING SERVICES CONTRACTOR processing period, prop ttty notifyingthe LENDING SERVICES CONTRACTOR in writing of any loan cancellations an or request f eservat or commitment extensions. If the Lender assigns re pons� x personnel, the to er assu es,full respon requireme Hof City loan forms to Escrow or Title Office for training the personnel to comply with the 14 Attachment #3: FTHB Program Guidelines G. CANCELLATION AND COMMITMENT EXPIRATIONS 1. Cancellations: When a decision is made not to continue with the City application, written notice must be received at the Offices of Lending Services Contractor prior to the expiration of the Commitment. The notice must include the reason for the cancellation and the signatures of both the Lender and the Applicant. 2. Expiration of Commitment: Before the Commitment has expired, the Lender must either: a. Submit the closing package b. Submit written notice of loan cancellation c. Request a 30 day extension in writing Upon expiration of the Commitment, the Lender must do one of a. If the loan has not closed, the Lender must submit are estimate of closing date to LENDING SERVICES COI T b. If 120 days has passed since the Commitment requested, the Lender must submit an entirelypeLoan A{ verification with a letter of explanation for t lay c. If the loan was canceled, the Lender submit cancellation following: est for extension and provide OR sued and no extension was cation with current income no tt as described above In all cases, expiration of the Commitment without the required action by t e. Lender will result in the Lender being placed on "Inactive Statue",and -Lender may submit no new City applications until the issue has been resolved. Fai re to comply may result in the Lender's removal from the Certified Lender Par tfaejList and pr m. SECTION III CHANGES PRIOR TO CLO Lending Services Contractor iss s a loanCommitment based on the Applicant's and Seller's Affidavits and the Lender`s certification thatthe City's Program requirements have been met. The Lender must immediately notify the LENDING SERVICES CONTRACTOR in writing of any change that could affect the Applicants) eligibility for the loan. If a change in the circumstances of the Applicant 1 i h i /she no longer meets program requirements, the Commitment i taautomatically revoked. ibilit f the Applicant for a City loan is based on the Applicant's The LENDING SERVICES CONTRACTOR will issue the 1. Inca anticle d taxabl Co Vent based on;,tke hod, *old income as of the date the Commitment is issued. The income*,verified for the Commitm nt is valid as long as the loan closes within four months after thest�ancial inforr ion was originally submitted and there have been no changes which effecpeviously reported income. If the loan does not close within three months, all applicable City docume Von must be re -submitted and income must be re -verified. 2. Marital Status: If he Applicant gets married after issuance of the Commitment and prior to closing, the spamust satisfy the prior homeownership requirements contained in the First -Time Homebuyer Application and Affidavit and the Closing Affidavit. The Lender must also notify the LENDING SERVICES CONTRACTOR program administrator. Any increase in the household income because of the new spouse must be considered and may affect re - issuance of a new Commitment. 3. Acquisition Cost: If a change in acquisition cost occurs after the Commitment and prior to closing, the Lender will be required to originate and submit a new version of: a. First -Time Homebuyer Loan Application and Affidavit b. Amended Escrow Instructions c. Seller Affidavit d. All other documentation that may be applicable as listed previously in this Manual 15 Attachment #3: FTHB Program Guidelines 4. Loan Amount: Any changes to the loan amount which occur after the Commitment has been issued and prior to closing must be reported to the City immediately by phone, followed up with a written confirmation along with all applicable documentation listed in this Program Manual. Upon receipt of revised/updated documentation, a revised Commitment may be issued. 16 Attachment #3: FTHB Program Guidelines the City loan program. Income of t expected to live in the residence bein` calculation. All non-taxable income mi APPENDIX A INCOME GROSS ANNUAL INCOME Gross annual income is defined as the anticipated annualized gross taxable income of a mortgagor (or mortgagors) and adult members of the household. Annualized income is the sum of monthly gross taxable income multiplied by twelve 2). Gross monthly income ` includes all taxable sources of income derived from: gross pay, overtime compensation, part- time employment earning, bonuses, dividends, interest, royalties, pensions, Veterans Administration (VA) compensation, net rental income, al moray, public assistance payments, sick pay, social security benefits, unemployment compensation, ome received from trusts, income received from business activities or investments, and another source of taxable income not listed above. Information regarding income must be current;: loan closing. Income not included by the Lent Lender's income total on the "Income Computation iortgagor (o d must a and br Worksheet", but not counted when calculi In summary, income of gross income calculatimlor the p the residence shouldincluded spouses, whether or not n title. MILITARY ors (on ram. A or mar t recent 30=d0, period preceding ri)sted above, must be added to the 4 eet" income eligibility calculation for prtgagors) and any other adult who is be included in the household income ltted on the "Income Computation groS ;Efamily income. Airle an d e ed of trust) shall be included in the tionally, the income of any adult who will live in couples, income includes the income of both hin the For purposes of computing the buyer's gross monthly income, the monthly income is the `total entitlement" shown on the` pplicant most recent monthly Leave and Earnings Statement and includes aIt regular pay, se ` ial pa .and allowances. Non -taxed income, such as a housing allowance is-i=4 counted as,ecome, but must be listed and bracketed. Certain categories of pay, which marf£ e receivedly sporadically, may need to be considered on a case -by -case basis. 17 Attachment #3: FTHB Program Guidelines APPENDIX B SEQUENCE OF LOAN PROCESS 1. HOMEBUYER • With Lender, determines loan eligibility. • Selects house that is vacant or owner -occupied. • Makes Purchase Offer, which is accepted pending financing. • Applies to Participating Lender for financing. • Lender gives homebuyer a City Loan Information Package. • Completes Homebuyer Education course. 2. LENDER • Starts processing for mortgage loan and City loan. • Verifies eligibility for City loan. Prepares and forward a ication package to City. • Processes, underwrites and approves Applicant for fist more. • Requests that City inspect property for health and defects. 3. LENDING SERVICES CONTRACTOR STAFF;:AND CERTIFIEDt,,LEAD BASED PAINT PROFESSIONALS: • Inspects selected property for health and safety defects, lead -base paint hazards and notifies lender, buyer and Escrow of work needed to, ure defects. • LENDING SERVICES CONTRACTOR notifies tB er,fi Lender and Escrow within 15 days of lead -based hazard determination (if applicable, a provides Buyer, Lender, and Escrow a copy of any/all Risk Assessmente rt(s). • LENDING SERVICES CONTRACTOR'` ass s Comment to Lender after approving application package and verifying that th6 perty meets minimum property standards. (NOTE: The City may choose tc issue o itment pending receipt of missing documentation and c ti'on of work re property of code violations and/or lead - based paint hazards.) " 4r'�-t • Work to cure property defect ,.and/or I,d-based paint hazards takes place by Certified Lead -Based Paint ofessiona '(if applica) • Re -inspection and`'.l ranc�� f prop ty takes place to ensure Housing Quality Standards and elimination of lea' paint 4. ESCRO E & L NG SERVICES CONTRACTOR • Coordinates signinggf all ing documents by Sellers and Borrowers. 5. LE • Serf '. lose of EscrowPackagn,nd all outstanding documentation (per the Commitment) to LE G SERVICES`",.,. NTRACTOR prior to Commitment expiration. • Funds loanthrough Esc w/Title and Escrow/Title Company and sends Deed of Trust and all recordable documents to the Title Company or County Recorder's Office (dose of escrow). 6. LENDING SER CONTRACTOR • Receives and reviews Close of Escrow Package (outstanding documentation, original documents, and certified/executed copies). • Wires City loan funds through Escrow/Title and Escrow/Title Company sends Deed of Trust and all recordable documents to the Title Company or County Recorder's Office (close to escrow). • Conducts random audit of Lenders records. 7. HOMEBUYER • Receives City loan. • Signs an Annual Affidavit of Owner -Occupancy. 18 Attachment #3: FTHB Program Guidelines APPENDIX C CITY LOAN QUALITY COMMITMENT POLICY The City of National City Community Development Department and the Lending Services Contractor invites the entire mortgage lending community to participate in the First -Time Homebuyer Program. Participation will continue to be open to those mortgage lenders who uphold the following work standards: • Lending company personnel receive training for the program before being assigned to prepare loan packages. This training includes: LEMI 1G SERVICES CONTRACTOR training sessions (if applicable); knowledge of training manual; knowledge of City - provided update letters. Each lender enrolled in the program designates,,LENDING SERVICES CONTRACTOR Contact Person for each participating branch. The Contact responsibilities include: 1) making Lender Update letters (including att chments) avails e to all City loan -related personnel in a timely manner; 2) atteRdin at least one train, session per year (if applicable); 3) notifying Housing staff of:any re -assignment of Contact person and/or changes in company location and or statute:`"° _' • Expiration of a LENDING SERVICES CONTRACTOR tan Commitment without submission of the required paperwork must be addressee a timely manner by; submitting the documents necessary to make the file current, e the loan, or canceling the pending loan with notification to the CitYik • The lender must obtain the LENDING SEES ES CQI RACTOR's Commitment to issue the loan before fundin the loan • Each participating,:ensures,a company is awareof theabligatio �s submit all necessary n closing'i ocumeri Buyers are treated fairly, receiving a • For questions than ie lends e clostg or funding department of their rider the city loan program and is prepared to on in a timely manner. and accurate explanation about the city loan. tier, the buyer is referred to housing staff. 19 Attachment #3: FTHB Program Guidelines APPENDIX D NATIONAL CITY CODE INSPECTION REQUIREMENT For purposes of the program, the City must use the HOME Investment Partnership (HOME) Program Requirements. HOME Program regulation 24 CFR 92.251(a)(2) states that housing must"meet all applicable State and local housing quality standards and code requirements and, if there are no such standards or code requirements, the housing must meet the housing quality standards in 24 CFR 982.401." The Acceptability Criteria listed with each section below sets the; r iinimum standards that must be met in all residential units. The Interpretation of Accept biihty Criteria listed after those criteria are the standards that HUD feels should also be met E 'e property is to have long-term utility and contribute to the livability of the unit. ACCEPTABLE CRITERIA AND INTERPRETATIONS A. SITE AND NEIGHBORHOOD - The site an disturbing noises and reverberations and of welfare of the occupants. 'ghborhood shall be reasonably free from hazards to the health*,. safety and general ACCEPTABILITY CRITERIA - The site neighborhood shall not be subject to serious adverse environmental conditions, natural orde such as,. 1. Dangerous walks, steps or instabili 2. Flooding, poor drainage, septic tank`' 3. Abnormal air pollution, srrioke or dust,', 4. Excessive noise, vibrat) ehicular^; 5. Excessive accumulat S'of 6. Vermin or rodentxnsation; 7. Fire hazards; Generally, approval of a sufficient tocritei s or mudslides; under a' ®G Section 8, HOME and/or HOPE III will be INTERPRETATION OF AC EPTABII ' CRITERIA 1. All Sr'',and walks s �� Id be4 el, free from dangerous cracks, crumbling or breaks, tripping hai s, broken & issing "materials, etc., and be provided with sufficient pitch to prevent wate t umulation. 2. The lot show have pdive drainage away from the dwelling and/or dwelling unit to prevent standing v a r atk e foundation. 3. No additions. 4. No additions. 5. Any materials, which accumulate on a property in the neighborhood, should be removed or screened and arranged in a mariner that does not detract from the general appearance of the neighborhood. 6. No additions - see #5 above - removal of trash, garbage, debris, etc., will significantly reduce infestation problems. 7. The site should be free from fire hazards, such as the storage of highly flammable materials, etc. 20 Attachment #3: FMB Program Guidelines B. ACCESS — The dwelling/dwelling unit shall have adequate access for the occupants. ACCEPTABILITY CRITERIA - 1. The dwelling/dwelling unit shall be usable and capable of being maintained without unauthorized use of other private properties. 2. The building shall provide an alternative means of egress in case of fire, i.e., fire stairs, egress through windows, etc. INTERPRETATION OF ACCEPTABILITY CRITERIA 1. The property should be adjacent to an access street or road. 2. No additions. C. STRUCTURE AND MATERIALS - The dwelling/dwelling un(i pose any threat to the health and safety of the occupants, from the environment. ACCEPTABILITY CRITERIA 1. Ceilings, walls (interior and exterior), floors, r1 defects such as severe bulging or leaning, large or noticeable movement under walking stress, 2. The roof structure shall be firm and the roof s 3. The exterior wall structure and the exterior a serious defects such as serious lean= buckling loose siding or other serious damage. 4. The conditions and equipment of it triad etc., shall be such as not to present a danger of 5. Elevators shall be maintainedin a safe4opera 6. In the case of a mobite l © tithe horn which distributes and transfers loa s impose to resist wind, overturning and slide. INTERPRETATION OF AC 1. Where cra floor joists,td otherwise` dan required,:,; The exterior r winter (cool i oss in the s installations o ing to pr should be repaired/ eplace Braces o II be structurally so as not to so as to protect the occupants d s; porches, etc., Sild not have any serious dies, loose surface materi Is, severe buckling sing parts,9r other serious; damage. 1 be u09,tner tight. i;or wall surfaces shall not have any ing, cracks or holes, loose materials, irways, halls, porches, walkways, yFalling. coign. I be seely anchored by a tie -down device, y the unit to appropriate ground anchors so as ents eXs� first floor structural wood members, including pilings should be inspected for cracked, broken, rotten or amaged members should be repaired and/or replaced as �y4. uld be0Veather-tight in a manner that prevents heat loss in the mer) as much as possible. This includes the repainting and/or t the exterior surface from the elements. The interior walls required to facilitate this criterion. 2. The roof structur e 'uld be firm in that all roof -framing members should be free from cracks and rot. The rcibesheathing should be solid and free from sagging, buckling, heaving, etc. If the roof appears to be well worn, it should be replaced. If possible, the best replacement will include stripping all the way down to the sheathing and replacing. If costs dictate, a second layer of roofing can be installed over the first layer. If there are already two or more layers of roofing materials, the roof should be stripped down to the sheathing, and if necessary, replace the sheathing and then install the new roof covering. 3. Concrete block or brick foundations, piers and pilings, should be inspected for loose mortar joints. All empty or cracked mortar joints should be tuck -pointed in an acceptable manner to match, as closely as possible, the rest of the structure. The joints should be recessed. 21 INTERPRET ATION OF ACC T 1. Compf4 e with the Le" • Notificatf to all occup prior to i, and th Attachment #3: FTHB Program Guidelines The chimney should be inspected for loose mortar joints and proper height. All empty or cracked mortar joints should be tuck -pointed in an acceptable manner to match, as closely as possible, the rest of the chimney. The joints should be recessed. 4. All exterior steps, walkways and porches should be free of tripping hazards. Crumbling, cracked, broken, missing and/or uneven conditions should be repaired and/or replaced as necessary. The condition of all interior stairways should be such as not to present a danger of tripping or falling, see above. Handrails should be properly installed on all stairways. 5. No additions. 6. No additions. 7. The property should be inspected by a qualified extermination, firm, and if necessary treated for vermin, rodents, termites and other wood -burrowing insects 8. All outbuildings such as garages, storage sheds, etc, should be repaired to a usable condition or removed from the property. 9. The general appearance of the outside of the structure an the lot, after rehabilitation, should be such that it makes a significant cont —ion to the general appearance of the neighborhood. 10. Installation of gutters and down spouts is sttangly recommended in order to divert water away from foundations. D. LEAD -BASED PAINT - The dwelling unit shall i in compliance with the HUD Lead -Based Paint regulations. ACCEPTABILITY CRITERIA 1. The dwelling/dwelling unit shall comb Part 35, issued pursuant to the Lead-Bas d F 2. The owner shall provide as certification regulations. �>_ 3. If the property was constructeda p a notice and pamphletas requi inform them of the procedures �g�r symptoms ard4 treament o,e poisoning ad eased Paint regulations at 24 CFR retention Act, 42 USC 4801. e dwe fri g is in compliance with such HUD rior to 19 8, any in -place tenant/family shall be furnished by the LBased Paint regulations. Such notice shall thew azards of lead -based paint poisoning, the poisons g gild the precautions to be taken against lead ABIL� M CRITERIA ase.VAint regulations requires the following actions: is that the property may contain lead -based paint, if constructed azards, symptoms and treatment of such poisoning, including information': on testing 0- elevated blood levels (EBL) for children. • All contracts s r F ip wee language prohibiting the use of lead -based paint. • The inspection fo:a) 'd elimination of"immediate hazards", which are defined as chipping, peeling, flaking, cracking or other defects in previously painted surfaces. 2. No additions. 3. No additions E. WATER SUPPLY ACCEPTABILITY CRITERIA 1. The dwelling/dwelling unit shall be served by an approved public or private sanitary water supply. 22 Attachment #3: FTHB Program Guidelines INTERPRETATION OF ACCEPTABILITY CRITERIA 1. The dwelling unit should have a water heater of sufficient capacity to serve present and anticipated future residents. Further, they should not be allowed in bathrooms, bedrooms, sleeping rooms or closets. 2. Hot and cold water should be supplied to all kitchens, baths and laundry facilities. 3. All water lines should be protected from freezing. F. INTERIOR AIR QUALITY - The dwelling/dwelling unit should be free of pollutants in the air at levels that threaten the health of the occupants. ACCEPTABILITY CRITERIA 1. The dwelling/dwelling unit shall be free from dangerous level. -,of air pollution from carbon monoxide, sewer gas, fuel gas, dust and other harmful air poll ants. 2. Air circulation shall be adequate throughout the dwelling/dwelling unit. 3. Bathroom areas shall have at least one operable indo or other adequate exhaust ventilation. INTERPRETATION OF ACCEPTABILITY CRITERIA 1. All gas or oil fired appliances should have proper ventingthe outside of the dwelling/dwelling unit for combustion gases. 2. All windows designed to open should be capable of being, easily opene 'provided with the proper window hardware to make them operable, and provided with screens properly installed and maintained. 3. Kitchen areas should also have proper ventilation. G. ILLUMINATION AND ELECTRICITYEam shave adequate natural or artificial illumination to permit normal indoor activities Eao suet the health and safety of the occupants. Sufficient electahsources s 11 b provid o permit use of essential electrical appliances while assuring m fire. ACCEPTABILITY FERIA 1. Living and sleeping ms shclude at leRlr one window. 2. A ceiling or wall -type t f� present and working in the bathroom and kitchen areas. 3. At leas e et one of which may be an overhead light, shall be present and operable a living and each bedroom area. INTERPRE ION OF ACCERVABILIlTRITERIA 1. No add1 s not perfor . in a workman -like manner 1. A ceiling o "' II fixture, • aerated by a wall switch should be present in the kitchen, bath and hallways. 2. All outlets insta result of the rehabilitation work should be of thegrounded type. 3. Each unit should'' rovided with a least 100 amp service and a sufficient number of circuits to service present and anticipated future use of the: • There should be separate circuits for any air conditioners (including window type), furnaces, electric dryers, electric stoves, microwaves and any other special appliances. • There should be two separate 20-amp circuits (minimum) for the heavy workload area in the kitchen, and all kitchens should be wired to the National Electric Code (NEC), based on the size and layout of each individual kitchen. • With the exception of kitchens (see b. above), all other rooms should be assessed relative to their use of electricity and additional outlets and/or switches installed based on usage and safety factors. • Electrical outlets in the bathrooms and kitchens should have an overload switch. 4. Connection at the main service to the unit should be in an acceptable manner. 23 Attachment #3: FTHB Program Guidelines • Placement of the connection should be out of the reach of children, • Proper anchoring should be used. 6 All defective exposed "knob & tube" wiring should be removed. It is recommended that any additional exposed "knob & tube" also be removed and replaced in conduit to prevent splicing and/or unsafe usage. 7. All hazardous conditions such as broken switches/outlets, missing covers, bare wiring, fixtures not properly installed/anchored should be repaired/replaced in an acceptable manner. It is recommended that all "pendant" type fixtures be replaced with an appropriate ceiling/wall fixture. 8. Although though a room may meet acceptability criteria #3 above, if the inspection reveals the use of octopus plugs, adapters, extension/zip cords and/or other unsafe practices, additional outlets should be (*ailed. H. THERMAL ENVIRONMENT — The dwelling/dwelling gpa,shall have and be capable of maintaining a thermal environment healthy for the huma ACCEPTABILITY CRITERIA 1. The dwelling/dwelling unit shall contain safe'ating and coolin9cilities, which are in proper operating condition and can provide adequate heat and/or coolt#o each room in the dwelling/dwelling unit appropriate for the clim t Ito insure a healthy living 4ironment. 2. Unvented room heaters that burn gas, oil or k resew e' unacceptable. INTERPRETATION OF ACCEPTABILITY CRITERIA 1. All parts of the venting system for is heating/cogg units should be in proper working condition. For example: • Vent pipes should be free of rust andbe prope ��mtar connected to a r aso cht ney, that chimney should be properly its;,are tightlysealed • Where vent pipes are maintained so that all mo 2. No additions. 3. The attic should be cellulose is used, it s acceptable ratings derive 4. Weather stripping sho 5. Storm 6. Any ie walls th'a of the rebilitation, shod 7. All loin ' in the buildirr should be re ed. 8. Supply anturn heatin air-conditioning ducts should be insulated whenever they run through unheateas/spas. ., 9. It is strongly re�,�nr�t�efed that whenever space heaters and/or floor furnaces are used, they be replaced with agproperty installed more efficient central heating/cooling system. I. SANITARY FACILITIES — The dwelling/dwelling unit shall include its own sanitary facilities, which are in proper operating condition, can be used in privacy, and are adequate or personal cleanliness and the disposal of human waste. insulated to:` iuld be te. -30 with acceptable insulation material. Where "tection. Cellulose bags should be labeled with s. pplied ad around all doors and windows. could be installed whenever possible. onexterior wall, if opened down to the studs during the course e fulnsulated with an acceptable insulation material. nvelc 'should be caulked/sealed. All brittle or loose caulking ACCEPTABILITY CRITERIA 1. A flush toilet in a separate, private room; a fixed basin with hot and cold running water; and a bathtub and/or shower with hot and cold running water, shall be present in the dwelling/dwelling unit, and shall be fully operational. 2. These facilities shall utilize an approved public or private disposal system. 24 Attachment #3: FTIIB Program Guidelines INTERPRETATION OF ACCEPTABILITY CRITERIA 1. The toilet, basin, and tub or shower should all be located in the same room, if at all possible. 2. Where a public sewage system is not used, documentation in the file should show where the appropriate health agency has approved the disposal system. 3. SPACE AND SECURITY — The dwelling/dwelling unit shall afford the family adequate space and security. ACCEPTABILITY CRITERIA 1. A living room, kitchen area, and bathroom shall all be present. 2. The dwelling/dwelling unit shall contain at least one sleeping or living/sleeping room of appropriate size for each two persons. 1. Exterior doors and windows accessible from outside the shall be lockable. 2. Each dwelling/dwelling unit should have smoke detects `mere bedrooms are located on more than one floor of a structure, smoke detectors, should be installed on each floor. It is recommended that all smoke detectors be U.L. approved and be d-wired. U.L. approved battery type or a combination electric/battery type ay also be used. INTERPRETATION OF ACCEPTABILITY CRITER 1. No additions K. FOOD PREPARATION AND REFU,. suitable space and equipment to stor shall be adequate facilities and servi including facilities for temporary storage it ere rr ACCEPTABLE CRITERIA 1. The unit shall conta' range, 2) refrigerata tenant/family, and 3)' 2. The sink shall drain 3. Adequate r they 4. There s#T e tigrueate refuse, irlding facilir INTERPRON OF ACCE 1. No addir4 m:daecewidsithbho° 2. Food storm ;;' preparation space. ou 3. No additions. L. SANITARY CONDITION - The unit and its equipment shall be in sanitary condition. follo; propr ISPOSAL T.l e dwelling/dwelling unit shall contain re and se foods in a sanitary manner. There sanita posal of food waste and refuse, tng equt 'e size fc th hot and e, prepa ities and services for the sanitary disposal of food waste and rary storage where necessary (i.e. garbage cans). *� BILI1 l RITERIA ity permits and not performed in a workman -like manner. be in the form of cabinets and/or pantry type storage. Food the form of counters or other horizontal workspace. ent in operating condition: 1) cooking stove or the unit supplied by either the owner or the d running water. rivate system. and serving of food shall be provided. ACCEPTABILITY CRITERIA 1. The unit and its equipment shall be free of vermin and rodent infestation. INTERPRETATION OF ACCEPTABILITY CRITERIA 1. No additions not made without City permits 25 Attachment #3: FTHB Program Guidelines APPENDIX E SHARED EQUITY EXAMPLE NOTE: The following example assumes an initial (a) Gross Sales Price of $150,000 (b), Net Sales Price of $135,000 ($150,000 minus 10% seller fees), (c) 1s` mortgage balance of $100,000 and City 2nd of $25,000 (d), Total Equity of $10,000 (b-c), and a City loan of $25,000.00 at a 0% interest rate, with an APR of 0%. The table is for the purpose of illustration only. Actual sales price and net sales price will vary. The principal amount of the loan remains due. # Months After Date Of Agreement Gross Sales Price (a) Net Sales Price (b) (a-10% fee) Mortgage Balances ( c) (1st $100k & 2nd $25'' Total Equity (�sd ) ( b-c) Buyer's Equity City of Chula Vista's Equity Decreases 5% per year Share Increases 5% Per ye ,, 0-12 $150,000 $135,000 $125,000 $10,000,, $5,000 (50%) $5,000 (50%) 13-24 $155,000 $139,500 $125,000 :>;; $14,500"$7,975 (55%) ' $6,525 (45%) 25-36 $155,000 $139,500 s_ $125,000 , 51000 $8,700 (60%) $5,800 (40%) 37-48 $160,000 $140,000 , $125,000 $15.,000 $9,750 (65%) $5,250 (35%) 49-60 $160,000 $140,000 $ 5,000 4000 $10,500 (70%) $4,500 (30%) 61-72 $165,000 $148,500$125,000 $ $17,625 (75%) $5,875 (25%) 73-84 $165,000 $148,500 " 125,00 `' ; $23,500 $18,800 (80%) $4,700 (2001o) 85-96 $170,000 $153,000 $125,000 $28,000 ' 23,800 (85%) $4,200 (25%) 97-108 $170,000 $1 000 $1 000 `081000 '$25,200 (90%) $2,800 (10%) 109-120 $175,000 -7,500 ,. $1250 $340 $30,875 (95%) $1,625 (5%) Thereafter $175,000 , $157,500 ''' $125 000 $32,500 $32,500 (100%) $0 (0%) In this example, the F`ace charg differ, depending upon of months after>ttre 4ate o g, ement tha If the P Borrowe receive fi constitutes amounts: pity is sold the hall receive ff ercent (50% tkRedifference be, ecould va tween $1,625 and $6,525. Your amount will price, the amount of equity, and the number ales occurs. ear of the term of the Note secured by this Deed of Trust, o erce(50 /o) of the Equity in the Property and the City shall f the ;Equity. "Equity" is defined as the dollar amount that een the sales price of the Property and the sum of the following 1. Principal on the eand the Deed Trust; and 2. Principal on this Se$d` Note and Deed of Trust to the City of Chula Vista; and 3. All costs of sales, including cost of brokers' commissions, escrow fees, title costs and fees, recording cost, etc.; and 4. Current year taxes, including all real estate taxes calculated to the date of sale; and 5. Borrower's down payment not including the loan from the City to Borrower; and 6. All principal paid down on the First Note and Deed of Trust; and 7. Costs of any improvements to the Property provided such improvements were approved by the City prior to construction and provided that such improvements have been documented to the satisfaction of the City. The amount of the Borrower's share in the equity of the Property shall increase by five percent (5%) per year, measured on the anniversary date of this Deed of Trust. Correspondingly, the 26 Attachment #3: FTHR Program Guidelines City's share in the equity of the Property shall decrease by five percent (5%) per annum. For the sake of example, if the Property is sold more than (5) but Tess than six (6) years after the date of this Deed of Trust, the City would have a twenty-five percent (25%) share in the Equity and the Borrower would have a seventy five percent (75%) share in the Equity of the Property. In the event that no Equity exists at the time of transfer or sale, the HOME funds (item 1b above) will still be due and payable. In the event that a negative Equity situation exists, and the full amount of the HOME funds are not available to be recaptured, the amount of HOME funds required to be repaid to the City will be as set forth in 24 CFR 92.254(a)(ii)(A)(3). The formulas are as follows: HOME investment X Net proceeds = HOME amot o be recaptured HOME investment + homeowner investment Homeowner investment X Net proceeds = Amounmeowner HOME investment + homeowner investment "HOME investment" is defined as funds received p tiant to the HO Investment Partnership Program. "Homeowner investment" is defined th ro e amount of dawn payment and capital improvements made by the owner since purcha 27 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE September 15, 2009 AGENDA ITEM NO. 27 ITEM TITLE Boards & Commissions Staff Report, Recommendations and City Council Action PREPARED BY EXPLANATION Michael R. Dalla, DEPARTMENT City Clerk The City Council requested that a review and formal report be made regarding City Boards & Commissions relative to administration, need, improved efficiency and possible re -organization and consolidation. That report is attached. Environmental Review X N/A Financial Statement None. STAFF RECOMMENDATION Review the report and take any actions deemed appropriate. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Staff Report A-200 (9/99) OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, CA 91950 619-336-4228 phone • 619-336-4229 fax September 10, 2009 TO: Mayor and City Council FROM: City Clerk SUBJECT: Boards & Commissions Staff Report, Recommendations and City Council Action INTRODUCTION National City has been fortunate over the years to have a large group of citizen volunteers who serve on our Boards and Commissions and advise and make recommendations to the City Council. As of January 2009, the City had eleven such Boards and Commissions (here -after referred to as "Boards") made up of 69 residents and volunteers. Boards & Commissions as of January 2009 Board 1 Commission 1 Committee Members Civil Service Commission 5 Community & Police Relations 9 Park & Recreation Advisory Board 5 Public Art Committee 7 Senior Citizens Advisory Board 5 Street Tree Committee 5 Traffic Safety Committee 5 Housing & Community Development 9 Library Board of Trustees 5 Planning Commission 7 Building Advisory & Appeals Board. 7 69 The system of citizen -based advisory Boards has remained relatively unchanged for many years. New Boards have been added over time; however a review of the continuing need for existing Boards has seldom occurred. In February of 2009, the City Clerk's office requested that the City Attorney initiate a review of the statutory need, purpose and make-up of the seven -member Building Advisory and Appeals Board (BAAB) and the nine -member Housing & Community Development Committee (HCDC). Following that review, the City Council took action to assume the responsibilities of the BAAB and to transfer the responsibilities of the HCDC to the Planning Commission. The City Council also requested that a review and formal report be made regarding the remaining Boards relative to administration, need, improved efficiency and possible re- organization and consolidation. REPORT For purposes of this report and review, the Planning Commission, Civil Service Commission and Library Board of Trustees, by virtue of their statutory standing or status, were considered exempt from consideration for consolidation or modification. A synopsis of the remaining six Boards appears below including date established, membership, length of terms, term expiration date, meeting frequency, staffing department, mission / purpose, status, relevant issues and current membership status. SYNOPSIS OF INDIVIDUAL BOARDS COMMUNITY AND POLICE RELATIONS COMMISSION (CPRC) (Established 2003) Members: 9 (7 voting 15 residents and 2 non-residents) Length of Term: 2 years Terms expire: February 28th Meets: 4 times per year Staffing Provided by: Community Services Mission / Purpose: "To provide a forum for citizens to voice their concerns about police conduct, practices and policies; to examine police practices and policies as they pertain to conduct issues; and to identify opportunities to ameliorate adversity between the National City Police Department and citizen complaints." Status: The CPRC is active and functioning. Recent agendas have been brief and actionable agenda items limited. Meeting frequency has been changed to quarterly. Relevant Issues: It has been suggested that CPRC membership be reduced from nine members to six (five voting). That could be accomplished by eliminating the Human Rights position that has never been filled and eliminating one non-resident and one resident position. Membership Status: There is currently one resident vacancy on the Commission that expires in February 2010. The non -voting Human Rights positon remains vacant. Of the serving members; one term expired in 2007, three terms expire in February 2010 and two in February of 2011. PARK AND RECREATION ADVISORY BOARD (PRAB) (Established 1960) Members: 5 Length of Term: 3 years Terms Expire: March 31st Meets: Monthly Staffing Provided by: Community Services Mission / Purpose: "To advise the City Council upon matters of policy and matters of administration of the parks owned and operated by the City of National City and the recreation activities conducted in said parks". Status: The Board is active and functioning. Actionable agenda items are limited. A majority of their meetings are devoted to hearing reports and presentations from Community Services Department Staff and staff from other departments on the various recreation activities within their individual purview. Relevant Issues: 1) The stated Mission of PRAB should be updated to reflect the fact that City recreation activities take place in other locations in addition to parks. Membership Status: The Board is at full strength. There is one expired term. Three terms expire in March 2010 and one term expires in 2011. PUBLIC ART COMMITTEE (Established 2004) Members: 7 Length of Term: 2 years Terms Expire: July 20th Meetings are held: Monthly Staffing Provided by: Community Services Mission / Purpose: No mission or purpose was stated in the Resolution that created the Art Committee. The unwritten purpose of the Committee is understood to be: To consider and advise the City Council on matters relating to Public Art. Status: The Public Art Committee has met sporadically over the last couple of years due to the lack of agenda items or lack of a quorum. The current economic climate has eliminated any public art projects warranting the committees review or recommendation to the City Council. Relevant Issues If the Public Art Committee continues under existing conditions, that is to say, without meaningful business items coming before it, then its continuing viability as a committee could be in jeopardy. Committee members will be Tess inclined to make a time commitment to attend meetings where little or nothing of substance requires their attention. The City Council should consider the advisability of maintaining the status quo with its commensurate use of increasingly limited staff time and resources or deactivating the Public Art Committee until such time as public art and related issues warrant its reactivation. Another alternative is to look at ways to reconstitute the committee in a less formal way, perhaps as a Mayors Advisory Committee on Public Art. Membership Status: The Committee is at full strength. All terms expire on June 20, 2010. 3 SENIOR CITIZENS ADVISORY BOARD (Established 1973) Members: 5 Length of Term: 2 years Terms Expire: August 31st Meets: Every two months Staff Provided by: Community Services Mission / Purpose: "To serve in an advisory capacity in all matters pertaining to the senior citizens in the City of National City and shall report its findings to the City Council of said City." Status: The Senior Citizens Advisory Board has met sporadically over the last 12 to 24 months due to a vacancy and lack of a quorum. Actionable agenda items are limited. A majority of the meetings are devoted to reports from Community Services Staff on the various activities within the purview of Community Services. Relevant Issues: The Senior Citizens Advisory Board could continue as currently constituted. Having a Board made up of senior citizens and devoted solely to senior citizens issues is certainly appropriate, especially as their numbers continue to expand with the influx of baby boomers. If, however, consolidating existing boards is an option that the City Council would like to consider, the Senior Citizens Advisory Board and the Park and Recreation Advisory Board warrant further consideration. The agenda for both Boards usually include numerous staff reports and presentations dealing with the same topics. A combined Board (The Park, Recreation and Senior Citizens Advisory Board) would promote efficiency and better utilization of limited staff and could be structured so that all existing members on both Boards could continue to serve. With normal attrition, such a combined board, if successful, could evolve into a five or seven member board. Another variation could be for both Boards to meet jointly. Either variation could be implemented on a trial basis. Membership Status: . The Board was brought up to full strength in May. There are two expired terms, two terms expire in August 2010 and one term expires in 2011. STREET TREE AND PARKWAY COMMITTEE (Established 1971) Members: 5 Length of Term: 4 years Term Ends: April 30th Meets: Monthly Staff Provided by: Public Works Mission / Purpose: 'To review and pass upon all questions of the removal and/or relocation of trees on public property within the City of National City." Status: The Committee is inactive due to lack of actionable items. The last time. the Committee met was August 2008. Relevant Issues: The need for a Street Tree Committee has diminished over the years as trees, parkways and neighborhoods have developed and matured. In view of the. lack of agenda items and the resulting inactivity of the Street Tree Committee, it is a clear candidate for deactivation. The Planning Commission would be a logical choice to address any street tree issues in the future. In the event the Street Tree Committee is deactivated, its members should be given an opportunity and first consideration for appointment to other vacant positions. Membership Status: The Committee is at full strength. Two terms expire April 30, 2010, one expires in 2011 and two expire in 2012. TRAFFIC SAFETY COMMITTEE (Established 1952) Members: 5 Length of Term: 2 years Term Ends: December 31st Meets: Monthly Staff Provided by: Engineering Dept Mission / Purpose / Duties: "The Traffic Safety Committee shall study and report on all matters referred to it by appropriate public agencies or private citizens concerning traffic safety in National City. The Committee shall conduct such investigations and make such reports as it is directed so to do by the National City Council." Status: The Traffic Safety Committee is activeand functioning. It receives citizen input, hears staff reports and makes decisions and recommendations to the City Council. Relevant Issues: Currently city staff makes extensive presentations to the Traffic Safety Committee for consideration and recommendation to the City Council. Thenthe staff provides the same reports to the City Council for consideration and final action. In the spirit of improving efficiency, conserving limited staff resources and relieving the City Council from decisions on such items as red curb, handicapped parking and U-turn signs, it has been suggested that consideration be given to delegating such traffic safety issues entirely to the Traffic Safety Committee. If the City Attorney determines that such a delegation of responsibilities to the Traffic Safety Committee by the City Council is feasible under the law, such a step would expedite the processing of traffic issues, eliminate some of the duplication that presently occurs and help streamline the City Council agenda. A process could be set up so that all decisions of the Committee would be final unless appealed to the City Council. Membership Status: The Committee is at full strength. Two terms expire on December 31, 2009 and three expire in 2010. BOARDS & COMMISSION HOUSEKEEPING ISSUES With experience gained as the Office that deals directly with Board & Commission Administration and the appointment process and in the course of during this review, a number of issues and recommendations have been identified for your consideration. Alternate Members The ability to raise a quorum has been a recurring problem for some Boards. In an effort to address that problem, it is recommended that the City Council appoint Alternate Members to selected Boards. Alternate members would participate at a meeting only in the event of the absence of a regular member. In the event of an unexpected vacancy on a Board, the alternate member would automatically be eligible for appointed to fill the unexpired term provided they are in good standing (have a good attendance record). The City Council could then act to appoint a new alternate with little or no interruption to the functioning of the. Board that lost a member. Appointing alternate members should reduce the number of occasions when a meeting can't be held due to the lack of a quorum. 5 Standardize Expiration Dates At the present time, Board member terms expire in February, March, April, June, July, August, September and December. That situation creates numerous problems in administering the program. It is recommended that term expiration months be standardized so that all terms expire during the same two months every year. For example; March and September. That would make it easier and more efficient to administer the program because advertising and interviews could be scheduled on a twice -a -year basis. It would also make it possible for existing Board members to apply and be considered for appointment to a different board. Standardize Length of Terms Presently terms are for two, three and four year timeframes. For some of the same reasons identified in the preceding item, it is recommended that two-year terms be eliminated and term lengths be standardized to three and four years. Attendance Records Attendance is important to the smooth operation of our Boards & Commission system. It is recommended that each Department that staffs a Board maintain and submit an annual attendance log to the City Clerk for inclusion on the City Council agenda. Departments should also be responsible for reporting excessive or unexcused absences when they occur. It is further recommended that uniform attendance policies and guidelines be established and implemented. Annual Reports All Boards act in an advisory capacity to the City Council. Some Boards advise or make recommendations to the City Council on an on -going basis (Planning Commission, Traffic Safety), others advise less frequently if at all. It is recommended that the Chairman of each Board personally appear before the City Council on an annual basis to make a brief report on the past activities and accomplishments of their respective Board. Such reports will serve to foster a stronger connection and understanding between the Boards and City Council and more completely fulfill their advisory role to the City Council. By -Laws Many Boards do not have any sort of formal by-laws in place for election of Chair and Vice Chair, rotation of positions, attendance, reporting of absences, etc. It is recommended that a standardized by-law template be prepared for adoption by those Boards that do not have by-laws in place. Boards and Commissions Resolution It is recommended that all actions, if any, taken as a result of this report by the City Council regarding Boards & Commissions be memorialized in a single Omnibus Resolution. City Council Policy Manual The City Council policy on Boards and Commissions (Policy # 107) was last updated in 1989. It is recommended that the Policy be updated to reflect current and new policies and practices adopted by the City Council. Recognition Board members volunteer to donate their time and talent without compensation (except for the Planning Commission) in order to help make a better community. To demonstrate awareness and appreciation for their service, it is recommended that the City Council consider and develop an appropriate form of recognition for all Board members. SUMMARY OF POSSIBLE ACTIONS AND RECOMMENDATONS COMMUNITY AND POLICE RELATIONS COMMISSION (CPRC) Make no Changes Eliminate the non -voting Human Rights position Reduce the Commission to 5 voting members RECOMMENDED PARK AND RECREATION ADVISORY BOARD (PRAB) Make no Changes Update the Mission statement to include all recreation sites RECOMMENDED Combine the PRAB with the Senior Citizens Advisory Board RECOMMENDED PUBLIC ART COMMITTEE Make no Changes Clarify the Purpose / Mission of the Committee RECOMMENDED Reduce the Committee to five members in June 2010 RECOMMENDED Change meeting frequency to quarterly RECOMMENDED Deactivate the Public Art Committee as currently constituted RECOMMENDED SENIOR CITIZENS ADVISORY BOARD Make no Changes Combine Seniors Citizens Advisory Board with PRAB on a trial basis RECOMMENDED STREET TREE AND PARKWAY COMMITTEE Make no Changes Deactivate the Street Tree Committee and transfer duties to Planning RECOMMENDED TRAFFIC SAFETY COMMITTEE Make no Changes Delegate City Council Traffic Safety Issues to Traffic Safety Committee RECOMMENDED BOARD & COMMISSION HOUSEKEEPING ISSUES Appoint alternate members to selected Boards Establish March 31 and Sept 30 as term expiration dates Establish term lengths to be three or four years Require that an annual attendance report be made to Council Establish uniform attendance policies & guidelines Require an annual update to Council by Board Chairpersons Prepare standardized by-laws for implementation where needed Appoint Council committee to develop Board recognition program Update City Council Policy #107 Adopt an Omnibus Resolution reflecting City Council actions regarding Boards & Commissions RECOMMENDED RECOMMENDED RECOMMENDED RECOMMENDED RECOMMENDED RECOMMENDED RECOMMENDED RECOMMENDED RECOMMENDED RECOMMENDED ITEM #28 9/15/09 Financial Update - Finance - Proposition 1A ERAF Shift Fiscal Condition ITEM #29 9/15/09 City Manager's Response to Correspondence from Towing Companies - City Manager - CALIFORNIA+ 'NATIONAL CI I( acAti - XNCORPORATED September 8, 2009 Dear Messrs. Ramsey, Mercado, and Mr. Giusti: Thank you for your letter regarding the 2006 National City towing contract. Although your letter is dated August 26, 2009, neither 1 nor the City Council have received the original letter (possibly as a result of the letter having an incorrect zip code). After receiving a copy from the San Diego Union Tribune on September 8, 2009, I personally called each of your offices to inform you I would be responding. Please note there is also an incorrect phone number for Mr. Giusti. Vice -Mayor Alejandra Sotelo-Solis requested information related to the current towing contracts with JC Towing and Moynahan's Towing at the regular City Council Meeting of August 18`h. This was provided by City staff to the City Council at the September 1st meeting, pursuant to a written report prepared by myself and the Police Department. Both the meeting and the agenda can be viewed on the City's website. Also, on August 18th, Vice -Mayor Sotelo-Solis requested a review of National City's conflict of interest policy. This information was also provided at the September 1st Council meeting in a report prepared by the City Attorney. When these two requests were discussed at the regular September 1s1 City Council meeting, the City Council unanimously directed the City Attorney and City staff to respond as follows: • Towing Contract — provide a comprehensive performance assessment of JC Towing and Moynahan's Towing by March of 2010. • Conflict of Interest Policy — provide an expanded reporting policy to include the Executive Assistant III and IV positions reporting to the Mayor, City Attorney, and City Manager's offices at the September l5`h City Council meeting. Office of the City Manager 1243 National City Boulevard, National City, CA 91950-4301 619/336-4240 Fax 619/336-4327 www.nationalcityca.gov Email cmo@nationalcityca.gov at The concerns expressed in your letter cover three points: 1) Conduct an impartial review of Ms. Josie Clark's involvement; 2) Investigate the propriety of Ms. Clark's alleged intervention; and, 3) provide a performance audit of the towing vendors. The City Manager and City Attorney's Offices have responded to the question of Ms. Clark's involvement. A detailed timeline of activities related to the towing contract was provided to the City Council and public at the September 1st meeting. The City Manager's office will conduct a 12 month performance and contract audit of the two companies which is due March of 2010. Your statement that Ms. Clark's actions "cast a dark shadow" over the 2006 RFP process is extremely puzzling. The tow contract RFP process began in November of 2005. As you know, the City Council awarded the contract to JC Towing and Moynahan's Towing on a 4 to 1 vote March 21, 2006. During this process, Rod One filed a legal challenge which was resolved in favor of National City by the San Diego Superior Court in July of 2006. Since Ms. Clark was not hired by National City until July 7, 2007, your statement is without foundation. Moreover, RoadOne's legal challenge in 2006 certainly provided the opportunity to raise any and all issues deemed appropriate. RoadOne first sought an order preventing the Council from awarding the tow contracts. RoadOne lost. RoadOne then pursued its writ challenging the selection process. RoadOne lost that challenge, too. While RoadOne raised three primary issues: 1) bias by the evaluator; 2) lack of appropriate consideration of RoadOne's proposed referral fee; and, 3) the City failing to comply with the RFP requirements; the court denied RoadOne any relief. In summary, the court denied RoadOne's challenge in its entirety and entered judgment in the City's favor. In particular, the court noted "the record supports the City's decision ranking RoadOne third out of all bidders" as well as the decision to not award the contract to RoadOne. As an example, the court cited "Sgt. Bishop's observations regarding RoadOne's history of delays in responding to tow calls." There is no dispute that the process to select the towing companies has met procedural and legal requirements. In the interest of transparency and public accountability, information has been provided expediently to the City Council and public. It is attached for your review and records. And, as indicated above, the Council meeting and agenda can be viewed at the City's website. Thank you for your interest in National City and please advise me if you require additional information. Sincer. Chris Zapata City Manager National City, California cc: Mayor Ron Morrison Vice Mayor Alejandra Sotelo Solis Councilman Frank Parra Councilman Jess Van Deventer Councilwoman Rosalie Zarate George Eiser, City Attorney Attachments: City Manager Report on Towing Contract City Attorney Report on Conflict of Interest August 26, 2009 Chris Zapata City Manager City of National City 1243 National City Blvd. National City, CA 92150 RE: REQUEST FOR PERFORMANCE AND COMPLIANCE AUDIT OF NATIONAL CITY TOWING CONTRACT Dear Mr. Zapata: As you are Likely aware, recent articles in the Union -Tribune revealed that Ms. Josie Clark, while serving as Mayor Morrison's "Confidential Assistant" and an assistant for the other council members simultaneously continued her business relationship with JC Towing, a towing vendor for National City. Accordingly, we believe it would be in both the City's and the public interest for your office to (1) conduct an impartial review of whether Ms. Clark's actions resulted in an actual or appearance of a conflict of interest; (2) investigate the propriety of Ms. Clark's alleged intervention on JC Towing's behalf with the National City Police Department; and (3) provide a performance audit of the towing vendors. The appearance of a conflict -of -interest needs to be investigated to assure the public that there were no improper actions or any violation of the law. More specifically, there should be a public accounting and timeline for all and any disclosures by Ms, Clark made to your office or the Mayor regarding her continued employment by JC Towing. Furthermore, the Union -Tribune articles state that the National City Police Department complained about Ms. Clark's intervention and favorable advocacy for her other employer - JC Towing. This merits further investigation as to whether Ms. Clark's actions violated any of National City's human resource policies or municipal code. Under the existing circumstances, we believe it to be appropriate for and request that the National City Police Department conduct an audit of the performance by both towing vendors (JC Towing & Moynahan's Towing) to ensure that they are in compliance with their contractual obligations such as; timely response times, proper invoicing for services rendered, etc, This is especially important in the light of the fact that Ms. Clark is reported to have contacted the National City Policy Department with respect to issues regarding J.C. Towing's timely responses. Lastly, in light of the recent disclosures regarding Ms. Clark's actions, as participants in the 2006 RFP process we feel that the recent extension of the towing contract in March 2009 casts a dark shadow on the procurement process and that these issues must be addressed immediately to assure the public of a fair, equal and transparent process. Once again, thank you for your kind consideration to cur request. Brad Ramsey Road One Towing (858) 492-5252 Rudy Mercado American Towing (619) 427-0284 CC: Mayor Ron Morrison Vice -Mayor Alejandra Sotelo-Solis Councitmember Jesse VanDeVenter Councitmember Rosalie Zaratie Councitmember Frank Parra t Giusti Rancho Del Oro Towing (619) 404-9980 ITEM #30 9/15/09 Closed Session Report City Attorney -