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2010 01-05 CC CDC AGENDA PKT
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 — January 5, 2010 — 6:00 P.M. Open To The Public Please complete a request to speak form prior to the commencement of the meeting and submit it to the City Clerk. It is the intention of your City Council and Community Development Commission (CDC) to be receptive to your concerns in this community. Your participation in local government will assure a responsible and efficient City of National City. We invite you to bring to the attention of the City Manager/Executive Director any matter that you desire the City Council or Community Development Commission Board to consider. We thank you for your presence and wish you to know that we appreciate your involvement. ROLL CALL Pledge of Allegiance to the Flag by Mayor Ron Morrison Public Oral Communications (Three -Minute Time Limit) NOTE: Pursuant to state law, items requiring Council or Community Development Commission action must be brought back on a subsequent Council or Community Development Commission Agenda unless they are of a demonstrated emergency or urgent nature. Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at (619) 336-4228 to request a disability -related modification or accommodation. Notification 24-hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Spanish audio interpretation is provided during Council and Community Development Commission Meetings. Audio headphones are available in the lobby at the beginning of the meetings. Audio interpretacion en espanol se proporciona durante sesiones del Consejo Municipal. Los audiofonos estan disponibles en el pasillo al principio de la junta. Council Requests That All Cell Phones And Pagers Be Turned Off During City Council Meetings COPIES OF THE CITY COUNCIL OR COMMUNITY DEVELOPMENT COMMISSION MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.nationalcitvca.gov CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 1-05-2010 - Page 2 CITY COUNCIL CONSENT CALENDAR Consent Calendar: Consent calendar items involve matters, which are of a routine or noncontroversial nature. All consent calendar items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. 1. Approval of the Minutes of the Regular City Council/Community Development Commission Meeting of November 17, 2009. (City Clerk) 2. Approval of a motion to waive reading of the text of the Ordinances considered at this meeting and provides that such Ordinances shall be introduced and/or adopted after a reading of the title only. (City Clerk) 3. Resolution of the City Council of the City of National City approving an Amendment to the contract between the City and Dokken Engineering in the not -to -exceed amount of $42,800 for the Plaza Boulevard Widening Project to update design of the proposed retaining walls, located at 1-805 underpass, per Department of Transportation and authorizing the Mayor to execute the amendment. (Funded by Federal STP and Local TransNet Funds). (Engineering) 4. Resolution of the City Council of the City of National City authorizing the Mayor to execute a Grant Agreement in the amount of $130,000 between the San Diego Association of Governments (SANDAG) and the City of National City for the Sweetwater River Bike Path Gap Closure Project along Plaza Bonita Road in the City of National City funded by the TDA / TransNet Bicycle, Pedestrian and Neighborhood Safety Program. (City local match not required) (Development Services/Engineering Division) 5. Resolution of the City Council of the City of National City approving submittal of a funding allocation request to the State Department of Transportation in the amount of $129,147 for a Citywide Bus Bench Installation project funded through the Public Transportation Modernization, Improvement, and Service Enhancement Account (PTMISEA). (Development Services/Engineering Division) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 1-05-2010 - Page 3 CONSENT CALENDAR (Cont.) 6. Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation of a blue curb handicap parking space with sign in front of the residence at 2205 E. 12th Street. (TSC Item No. 2009-22) (Development Services/Engineering Division) 7. Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation of a blue curb handicap parking space with sign in front of the residence at 319 E. 7th Street. (TSC Item No. 2009-26) (Development Services/Engineering Division) 8. Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation of "KEEP CLEAR" striping with "Do Not Block Intersection" sign at the commercial shopping center driveway located at the east side of Grove Street, between E. Plaza Boulevard and E. 14th Street to improve ingress/egress. (TSC Item No. 2009-27) (Development Services/Engineering Division) 9. Resolution of the City Council of the City of National City approving a Planned Development Permit, Tentative Subdivision Map and Negative Declaration for a 72-unit condominium complex located at the southeast corner of East Plaza Blvd. and Palm Avenue. (Applicant: Palm Plaza Associates LLC) (Case File 2008-46 S, PD, IS) (Development Services/Planning) 10. WARRANT REGISTER #22 Warrant Register #22 for the period of 11/25/09 through 12/01/09 in the amount of $3,303,550.87. (Finance) 11. WARRANT REGISTER #23 Warrant Register #23 for the period of 12/02/09 through 12/08/09 in the amount of $786,336.53. (Finance) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 1-05-2010 - Page 4 PUBLIC HEARING 12. Public Hearing: Presentation of the Draft Public Participation Plan (PPP) for the U.S. Department of Housing and Urban Development Five -Year Consolidation Plan. (Community Development Department/Housing and Grants Division) ORDINANCE FOR ADOPTION 13. Ordinance of the City of National City to approve an Amendment to the contract between the Board of Administration Califomia Public Employees' Retirement System, and the City Council of the City of National City to provide for a 3% @ 55 Full Formula Benefit for local Police members entering membership for the first time in the Police classification. (Human Resources) COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 14. Authorize the reimbursement of Community Development Commission expenditures in the amount of $796,957.03 to the City of National City for the period of 11/25/09 through 12/01/09. (Finance) 15. Authorize the reimbursement of Community Development Commission expenditures in the amount of $27,092.74 to the City of National City for the period of 12/02/09 through 12/08/09. (Finance) 16. Resolution of the Community Development Commission of the City of National City approving the Summary Report pertaining to the proposed sale of property owned by the Community Development Commission of the City of National City at 1640 East Plaza Boulevard. (California Redevelopment Law Section 33433) (Redevelopment Division) STAFF REPORTS 17. Closed Session Report. (City Attorney) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 1-05-2010 - Page 5 MAYOR AND CITY COUNCIL ADJOURNMENT Regular City Council and Community Development Commission Meeting - Tuesday — January 19, 2010 - 6:00 p.m. - Council Chambers - National City, California ITEM #1 1/5/2010 APPROVAL OF THE MINUTES OF THE REGULAR CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION MEETING OF NOVEMBER 17, 2009. (CITY CLERK) City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Dalla, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 To: Honorable Mayor and Council From: Michael R. Dalla, City Clerk Subject: Ordinance Introduction and Adoption ITEM 2 1/5/2010 It is recommended that the City Council approve the following motion as part of the Consent Calendar: "That the City Council waive reading of the text of all Ordinances considered at this meeting and provide that such Ordinances shall be introduced and/or adopted after a reading of only the title." ® Recycled Paper City of National City, California COUNCIL AGENDA STATEMENT FETING DATE January 05, 2010 AGENDA ITEM NO. 3 IITEM TITLE Resolution of the City Council of National City approving an Amendment to the contract between the City and Dokken Engineering in the not -to -exceed amount of $42,800 for the Plaza Boulevard Widening project to update design of the proposed retaining walls, Located at I-805 underpass, per Department of Transportation and authorizing the Mayor to execute the amendment (Funded by Federal STP and Local TransNet Funds) PREPARED BY Din Daneshfar EXPLANATION See attached explanation. t DEPARTMENT Engineering EXT. 4387 Environmental Review X N/A MIS Approval Financial Statement Approved By: C/04 Funds are available through STP funds Account No.312-409-500-598-6569 Finance Directo ($37,890.84), TransNet funds Account No. 307-409-500-598-6569 ($4,909.16) Account No STAFF RECOMMENDATION Adopt the Resoluti n�� ► BOARD / COMMISSION REC -14 .. .� EDATION N/A ATTACHMENTS (Listed Below) Resolution . Amendment Resolution No. A-200 (Rev. 7/03) EXPLANATION: On November 21, 2006 a contract was approved between Dokken Engineering (the Consultant) and the City in the total amount of $1,101,000 to provide engineering design and right of way acquisition services for the Street Widening Improvements on Plaza Boulevard from Highland Avenue to Euclid Avenue. The Consultant has already completed the preliminary engineering and environmental work and is currently working on the final design and right of way acquisition tasks. On April 21, 2009 by Resolution No. 2009-81, the first Amendment was approved for the not -to -exceed amount of $20,000 to perform staking work and locate the right of way limits for individual owners as needed. On July 21, 2009 by Resolution No. 2009-176, the second Amendment was approved for the not -to -exceed amount of $55,000 to perform additional work that has been generated by the request to perform right of way acquisition services for seven additional appraisals of properties impacted by the street widening improvements. The third amendment is needed to redesign the retaining wall located in the state right of way at I-805 underpass. The changes to retaining wall design were due to Caltrans and would mainly reduce the construction cost and duration. The additional work will include the redesign of an area within State right-of-way to eliminate the need for two tie -back retaining structures. The State right-of-way redesign is the result of discussions with Caltrans over the Bus Rapid Transit (BRT) Project that is planned to replace the Plaza Boulevard undercrossing structure. Caltrans and National City determined it would be uneconomical to build two expensive tie -back retaining walls and come back 10 years later and tear them out. Caltrans agreed to approve design exceptions to their design standards in order to reduce the cross-section of Plaza Boulevard and eliminate the need for tie -back retaining walls. The entire State Project Plan set will be revised to accommodate this change. The purpose of the resolution is to approve this Amendment to the contract between the City and Dokken Engineering in the not -to -exceed amount of $42,800 to perform the additional work. With this amendment the total contract amount will increase to $1,218,800. RESOLUTION NO. 2010— RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO AGREEMENT WITH DOKKEN ENGINEERING IN THE NOT -TO -EXCEED AMOUNT OF $42,800 FOR THE PLAZA BOULEVARD WIDENING PROJECT TO UPDATE THE DESIGN OF THE PROPOSED RETAINING WALLS LOCATED AT THE 1-805 UNDERPASS WHEREAS, on November 21, 2006, the City Council adopted Resolution No. 2009-226, approving an agreement with Dokken Engineering in the amount of $1,101,000 to provide civil engineering and right-of-way acquisition services for the Street Widening Project on Plaza Boulevard from Highland Avenue to Euclid Avenue; and WHEREAS, Resolution No. 2009-81, adopted on April 21, 2009, approved the first Amendment in the amount of $20,000 to perform staking work and locate the right-of-way limits for individual property owners as needed; and WHEREAS, the second Amendment, adopted on July 21, 2009, by adoption of Resolution No. 2009-176, in the not -to -exceed amount of $55,000, was for additional work that was generated by the City's request to perform right-of-way acquisition services for seven additional appraisals of properties impacted by the street widening improvements; and WHEREAS, a third Amendment to the Agreement with Dokken Engineering in the not -to -exceed amount of $42,800 is necessary to redesign the retaining wall located in the State's right-of-way at the 1-805 underpass, which has been approved by Caltrans, to eliminate the need for two tie -back retaining structures. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Amendment to Agreement with Dokken Engineering in the not -to -exceed amount of $42,800 to redesign the retaining wall located in the State's right-of-way at the 1-805 underpass, which has been approved by Caltrans, to eliminate the need for two tie -back retaining structures. Said Amendment to Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 15th day of December, 2009. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney AMENDMENT TO AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND DOKKEN ENGINEERING This Amendment to Agreement is entered into this 5th day of January 2010, by and between the City of National City, a municipal corporation ("the CITY"), and Dokken Engineering (the "CONSULTANT"). RECITALS A. The CITY and the CONSULTANT entered into an agreement on the Street Widening Improvements on Plaza Boulevard from Highland to Euclid Avenues ("the Agreement") wherein the CONSULTANT agreed to provide Civil Engineering and Right -of -Way Acquisition Services. B. An Amendment in the not -to -exceed amount of $20,000 was approved on April 21, 2009 to provide as -needed staking work for individual properties. C. An Amendment in the not -to -exceed amount of $55,000 was approved on July 21, 2009 to provide additional work to perform right of way acquisition services for seven more appraisals of properties impacted by the widening project. D. This amendment is needed for additional work that has been requested by the City to redesign the retaining wall located in the state right of way I-805 underpass. The changes to retaining wall design were due to Caltrans request. The parties desire to amend the Agreement to perform the additional work (See attached Exhibit A). NOW, THEREFORE, the parties hereto agree that the Agreement entered into on November 21, 2006, with its amendments shall he amended by $42,800 (Not -to -Exceed). The parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated November 21, 2006, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney DO EN ,. `i` RING 1 By: C thy Cha • cretary 1 DOKKEN ENGINEERING Transportation Solutions from Concept to Construction EXHIBIT A November 20, 2009 Din Daneshfar, P.E. Department of Public Works 1243 National City Boulevard National City, CA 91950-4301 Subject: Budget Amendment Plaza Boulevard Widening Project Dear Mr. Daneshfar, This letter provides a request for an addition to the scope of work and a budget amendment for Dokken Engineering (DE) for the items of work summarized below. The additional work has been generated by the request to reduce the cross -sectional width of Plaza Boulevard in State right of way in order to eliminate the need for tie -back retaining walls. A Fee Schedule has been included, using rates that were agreed to in the original contract. Scope of Supplemental Work Task 1.0 Project Management: Consultant will manage coordination with National City and Caltrans to provide design exception fact sheets and re -design of Plaza Boulevard in State right of way. Task 2.0 State Project Re -design Consultant will update the State Project plans by reducing the lane widths from 12' to 11', reducing the sidewalk width to 5.5', and reducing the median width to 1'. Task 2.1 Design Exception Fact Sheets: Consultant will prepare Mandatory and Advisory Design Exception Fact Sheets for the non-standard features within State right- of-way. The revised cross-section in State right-of-way will require changes to the following components of the State Project PS&E Package: Task 2.2 Typical Cross Section Sheets Task 2.3 Layout Sheets Task 2.4 Profile Sheets Task 2.5 Construction Detail Sheets Task 2.6 Temporary Water Pollution Control Sheets Task 2.7 Erosion Control Sheets Task 2.8 Grading & Drainage Sheets Task 2.9 Drainage Profile Sheets Task 2.10 Utility Sheets 5675 Rot fin Road, Suite 250, Sau Diego, C.19 1 S • lele 658.5t4.R377 • Fa z; 856.51q_8608 icw,dokkeneueineerine.cu01 2 • • DOKKEN ENGINEERING Transportation Solutions from Concept to Construction Task 2.11 Stage Construction Sheets Task 2.12 Pavement Delineation Sheets Task 2.13 Sign Sheets Task 2.14 Retaining Wall Sheets Task 2.15 Planting & Irrigation Sheets Task 2.16 Signal & Lighting Sheets Task 2.17 Cost Estimate (BEES format) Task 2.18 Storm Water Data Report Task 2.19 Drainage Report Task 2.20 Traffic Management Plan Proposed Scope of Work - Supplemental Work Fee Summary Task 1 Task 2 Sincerely, Project Management State Project Re -design $ 6,357 $ 36,443 TOTAL, NOT TO EXCEED $ 42,800 DOKKEN ENGINEERING Accepted and Approved by: Chris Johnson, P.E. Din Daneshfar, P.E. Project Manager City Project Manager 5675 RuliinRood, Still e 250, Sau Uic;:o, CA 9223 • Tel¢ 858.51,0377 • Fax H56514.8608 - vvnv.dokkeneneinccrine.c,m 3 Plaza Blvd Widening - Amendment 3 (FY 09/10) FEE PROPOSAL SUMMARY COMPANY NAME Fee % FEE Dokken Engineering 100.0% $42,800.00 TOTAL, NOT TO EXCEED: $42,800.00 KKEN N N )::� I(� It 1. N •nn•w no. to11,7 t�Ing,cnm FEE PROPOSAL - Plaza Blvd Widening - Amendment 3 Dokken Engineering DIRECT COSTS (LABOR NAME FUNCTION HOURS RATE AMOUNT Chris Johnson, PE Project Manager 26 $64.00 $1,664.00 Glen Parker, PE Design Manager (Roadway) 74 $45.00 $3,330.00 Mark Firger, PE Associate Engineer, PE 252 $40.00 $10,080.00 AL HOURS INDIRECT COSTS (OVERHEAD) OVERHEAD 352 TOTAL LABOR 158.00% $15,074.00 DIRECT COSTS Billed at Actual Cost TOTAL OVERHEAD $23,816.92 ITEM QUANTITY UNIT UNIT COST AMOUNT Reproduction 1 LS $19.99 $19.99 FEE (PROFIT) PERCENTAGE 10% TOTAL DIRECT COSTS $19.99 FEE $3,889.09 DOKKEN ENGINEERING TOTAL COST $42,800.00 nOKKEN 1.. N 1s I N I>. I.. If I N AWN Nnp.rain Plaza Blvd Widening - Amendment 3 (FY 09/10) Dokken Engineering Project Manager Design Manager (Roadway) Associate Engineer, PE T Task 1.0 Project Management Task 1.1 Project Management 2 2 4 Task 1.2 Project Coordination 4 6 10 20 Task 1.3 PDT Meetings 4 8 12 24 0 TOTAL HOURS - Task l 10 16 22 48 TOTAL COST- Task 1 $1,816.32 $2,043.36 $2,497.44 $6,357.12 Task 2.0 State Project Re -design Task 2.1 Design Exception Fact Sheets 2 2 4 8 Task 2.2 Typical Cross Section Sheets 2 10 12 Task 2.3 Layout Sheets 4 20 24 Task 2.4 Profile Sheets 2 2 10 14 _ Task 2.5 Construction Detail Sheets 4 16 20 Task 2.6 Temporary Water Pollution Control Sheets 2 8 10 Task 2.7 Erosion Control Sheets 2 8 10 Task 2.8 Grading & Drainage Sheets 2 4 12 18 Task 2.9 Drainage Profile Sheets 4 14 18 Task 2.10 Utility Sheets 2 8 10 Task 2.11 Stage Construction Sheets 2 4 16 22 Task 2.12 Pavement Delineation Sheets 2 8 10 Task 2.13 Sign Sheets 2 8 10 Task 2.14 Retaining Wall Sheets 2 4 18 24 Task 2.15 Planting & Irrigation Sheets 2 10 12 Task 2.16 Signal & Lighting Sheets 2 i 2 12 16 22 Task 2.17 Cost Estimate (BEES Format) 2 4 16 Task 2.18 Update Storm Water Data Report - 4 10 14 Task 2.19 Update Drainage Report 2 4 16 22 Task 2.20 Update Traffic Management Plan 2 6 8 TOTAL HOURS - TASK 2 16 58 230 304 TOTAL COST - TASK 2 $2,906.11 $7,407.18 $26,109.60 $36,422.89 TOTAL PROJECT HOURS 26 74 252 352 DIRECT COSTS $19.99 TOTAL, NOT TO EXCEED PROJECT COST $4,722.43 $9,450.54 $28,607.04 $42,800.00 6 PLAZA BOULEVARD WIDENING PROJECT ID Task Name Duration Start Finish 2006 2007 2008 2009 2010 Dlr 4 Qtr 1 Qtr 2 I Otr 3( Qtr 4 Qtr 1 I Otr 2 I Otr 3 1 Oir 4 Qtr 1 I Otr 2, Qtr 3 [ Qtr 4 Qtr 1) Qtr 2 I Qtr 3 i Qtr 4 Otr 1( On 2 I Qtr 3 I Qtr 4 1 2 3 4 5 10 11 12 13 v 14 15 16 17 18 19 20 21 22 23 24 25 26 Plaza Blvd PS&E 971 days Tue 11/21/06 Tue 5/10/10 NTP 0 days Tue 11/21/06 Tue 11/21(06 RNJ Acquisition 970 days Wed 11/22/06 Tue 8/10/10 Obtain PTRs. Plats, & Legals 390 days Wed 111222/06 Tue 5i20/08 Appraisal Process 206 days Fri 5/23108 Fri 3/6/09 Negotiation Process 256 days Fri 3/6/09 Mon 3/1/10 Send Written Offers 0 days Fri 3/6/09 Fri 3/6/09 Good Faith 170 days Tue 4/7/09 Mon 11/30/09 Negotiations Prepare Acquisition 25 days Tue 12/1/09 Mon 1/4/10 Agreement Close Escrow 40 days Tue 1/5/10 Mon 3/1/10 Y Certify Right of Way 0 days Mon 3/1/10 Mon 3/1/10 (through escrow) Eminent Domain Process 156 days Tue 1/5/10 Tue 8/10/10 Y (if negotiations fail) Amendment #3 Approved 0 days Tue 1/5/10 Tue 1/5/10 Final Plans, Specifications and 106 days Tue 115/10 Tue 6/1/10 P Y Estimate (PS&E) Update CityPlansper new 40 days Tue 1/5/10 Mon 311/10...... P Y State cross section and Submit 100% PS&E (City) 0 days .Mon 3/1/10 Mon 3/1/10 Prepare Design Exception 15 days Tue 1/5/10 Mon 1125/10 Fact Sheets (State) Submit Design Exception 0 days Mon 1125/10 Mon 1/25/10 Fact Sheets State Design Exception 60 days Tue 1/26/10 Mon 4/19/10 Fact Sheet Review Design Exception Fact C days Tue 4/20/10 Tue 4/20110 Sheets Signed Prepare 90% PS&E 30 days Wed 4121/10 Tue 611110 Submittal Submit 90% PS&E (State) 0 days Tue 6/1/1C Tue 6/1i10 Ready for Log -In Review NTP .-.11/21/06 R/W Acquisition'; _. _ Obtain PTRs, Plats, &Legals --.- _.___ _.__.._ _-.__-__..J 5/20/08 Appraisal Process Negotiation Process' Send Written Offers 4.-3/6/09 t-1/4/10 T-- -___ 3/1/10 o ,) ® 3/1/10 ' ----_.,. _-- - B/i DI10 Good Faith Negotiations--=-ri11/30/09 Prepare Acquisition Agreement , Close Escrow Certify Right of Way (through c Eminent Domain Process (If negotiations fa/ Amendment #3 Approved Final Plans, Specifications and Estimate (PS&E) Update City Plans per new State cross section and City Comment Submit 100% PS&E (Oily) Prepare Design Exception Fact Sheets (State0 Submit Design Exception Fact Sheets State Design Exception Fact Sheet Review Design Exception Fact Shea Prepare 90% PS&E Submit 9D% PS&E (State) Ready for Log 40,1/5/10 gpiiimmir 1--13l1/10 elp, 3/1/10 :',-1-1/25/10 S71/25/10 '-Y--, j4/19/10 s Signed 4/4/20/10 Submittal /-}1-6/1/10 -In Review 6/1/10 City of National City, California COUNCIL AGENDA STATEMENT EETING DATE January 5, 2010 AGENDA ITEM NO. 4 / ITEM TITLE Resolution of the City Council of the City of National City authorizing the Mayor to execute a Grant Agreement in the amount of $130,000 between the San Diego Association of Governments (SANDAG) and the City of National City for the Sweetwater River Bike Path Gap Closure Project along Plaza Bonita Road in the City of National City funded by the TDA / TransNet Bicycle, Pedestrian and Neighborhood Safety Program (City local match not required) PREPARED BY DEPARTMENT EXT. 4382 Stephen Manganiello /tA Development Services/Engineering EXPLANATION See attached. Environmental Review X N/A MIS Approval Financial Statement Approved By: Account #296-409-500-598-1013: $130,000 (TDA / TransNet BPNSP Grant); $122,500 for SANDAG staff project management and consultant services $7,500 for City staff project management Account No Finance Director STAFF RECOMM DATION A pt the r BOARD / CO 1 ION RECOM DATION N/A • ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Grant Agreement l A-200 (Rev. 7/03) Explanation On May 5, 2009, per Resolution No. 2009-91, City Council authorized the filing of a TDA / TransNet Bicycle, Pedestrian and Neighborhood Safety Program Grant (BPNSP) application for the Sweetwater River Bike Path Gap Closure Project along Plaza Bonita Road in National City. The project will consist of a Class I Bike Path (for non -motorized use only) along the west side of Plaza Bonita Road. The Bike Path will be approximately 2,400 feet in length from Bonita Mesa Road northerly to the existing Sweetwater River Bike Path, thereby "closing the gap" in the bikeway network. The existing Class II bike lanes on Plaza Bonita Road will be removed as part of the project, and on -street parallel parking will be restored to the east side of the roadway, adjacent to Plaza Bonita Shopping Center. On June 29, 2009, the City was awarded a $130,000 TDA• / TransNet BPNSP Grant for environmental, design and engineering for the project. City local matching funds were not required. The County of San Diego previously provided a $100,000 local match for completion of a feasibility study for the project. Remaining funds for project construction are being pursued by SANDAG. This project represents a partnership between SANDAG, the County of San Diego and the City of National City. SANDAG will retain consultant services for project environmental, design and engineering, provide project management and administer project funds. The City will serve as the project sponsor and provide oversight for the project's environmental, design and engineering to assure the City's standards for pedestrian and bicycle safety, facilities design, on -street parking, and compatibility with adjacent land uses are met. Per the Grant Agreement, a budget of $7,500 has been programmed for City staff project management. Staff recommendation is for City Council to authorize the Mayor to execute a Grant Agreement between SANDAG and the City of National City to begin environmental, design and engineering for the Sweetwater River Bike Path Gap Closure Project along Plaza Bonita Road in the City of National City funded by the TDA / TransNet Bicycle, Pedestrian and Neighborhood Safety Program. RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A GRANT AGREEMENT IN THE AMOUNT OF $130,000 BETWEEN THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) AND THE CITY OF NATIONAL CITY FOR THE SWEETWATER RIVER BIKE PATH GAP CLOSURE PROJECT ALONG PLAZA BONITA ROAD WITHIN NATIONAL CITY, AND FUNDED BY THE TRANSPORTATION DEVELOPMENT ACT/TRANSNET BICYCLE, PEDESTRIAN, AND NEIGHBORHOOD SAFETY PROGRAM WHEREAS, on May 5, 2009, per Resolution No. 2009-91, the City Council authorized the filing of a Transportation Development Act (TDA)/TransNet Bicycle, Pedestrian, and Neighborhood Safety Program Grant (BPNSP) application for the Sweetwater River Bike Path Gap Closure Project along Plaza Bonita Road in National City; and WHEREAS, the Sweetwater Bide Path Gap Closure Project (Project) will consist of a Class I Bike Path (for non -motorized use only) along the west side of Plaza Bonita Road from Bonita Mesa Road northerly to the existing Sweetwater River Bike Path, which will "close the gap" in the bikeway network; and WHEREAS, SANDAG and the City of National City desire to enter into a Grant Agreement in the amount of $130,000 for the development of the Project wherein the City will serve as the project sponsor, and provide oversight for the project's environmental design and engineering to assure the City's standard for pedestrian and bicycle safety, facilities design, on - street parking, and compatibility with adjacent land uses are met. Per the Grant Agreement, a budget of $7,500 has been programmed for City staff project management; and WHEREAS, as specified in the Grant Agreement, SANDAG will retain consultant services for project environmental design and engineering, provide project management, and administer project funds. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Grant Agreement in the amount of $130,000 between the San Diego Association of Governments (SANDAG) and the City of National City for the Sweetwater River Bike Path Gap Closure Project, which will be funded by a Transportation Development Act (TDA)/TransNet Bicycle, Pedestrian, and Neighborhood Safety Program Grant (BPNSP). PASSED and ADOPTED this 5th day of January, 2010. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, III City Attorney TDA/TransNet BICYCLE, PEDESTRIAN AND NEIGHBORHOOD SAFETY PROGRAM FISCAL YEAR 2010 GRANT AGREEMENT 5001209 BETWEEN THE SAN DIEGO ASSOCIATION OF GOVERNMENTS AND CITY OF NATIONAL CITY REGARDING SWEETWATER RIVER BIKE PATH GAP CLOSURE - PLAZA BONITA ROAD THIS GRANT AGREEMENT 5001209 ("Agreement") is made this Sth day of Jan- 2010, by and between the San Diego Association of Governments (hereinafter referred to as "SANDAG"), 401 B Street, Suite 800, San Diego, CA. and the City of National City, 1243 National City Blvd.. National City, CA (hereinafter referred to as "Grantee"). The following recitals are a substantive part of this Agreement: RECITALS In November 2004. the voters of San Diego County approved SANDAG Ordinance 04-01. which extended the transNet half -cent sales and use tax through 2048 (Extension Ordinance). B. The Extension Ordinance contains provisions to fund the Bicycle. Pedestrian, and Neighborhood Safety Program (BPNSP), which began being funded by the Extension Ordinance on April 1, 2008. C- The SANDAG Board of Directors also approved programming of approximately $3 million in Transportation Development Act, Article 3, Bicycle and Pedestrian Facilities and Programs (TDA Funds) on June 26, 2009. by Resolution No. 2009-30. D_ In April. 2009. SANDAG issued a Request for Proposals from local jurisdictions in San Diego County wishing to apply for a portion of the BPNSP Funding/TDA Funds for use on capital improvement and planning projects meeting certain criteria. E. Both BPNSP Funding and TDA funds were eligible funding sources for the BPNSP (BPNSP Funding). Grantee successfully applied for BPNSP Funding for the following project: Sweetwater River Bike Path Gap Closure - Plaza Bonita Road (hereinafter referred to as the "Project")_ The scope of work, schedule, and budget For the Project is included as Attachment A_ The purpose of this Agreement is to establish the terms and conditions for SANDAG to provide Grantee with funding to implement the Project. Grantee will receive up to $7,500 of the grant monies awarded to this Project for staff costs. Grantee has requested that SANDAG staff provide project management services and provide engineering and environmental planning services for the Project through one of SANDAG"s 1 existing engineering, environmental, and design on -call service contracts for the remaining amount of the grant ($122,500). Such an agreement would allow for engineering and environmental planning services on the Project in the most time -effective manner. I. Although SANDAG will work with Grantee on project management and provide Grantee with assistance in engineering, environmental, and design services, SANDAG will not be responsible for Project construction or hold any substantial control of the Project. NOW, THEREFORE, it is agreed as follows: Section 1. Definitions A. Application. The signed and dated grant application, including any amendment thereto, with all explanatory, supporting, and supplementary documents filed with SANDAG by or on behalf of the Grantee and accepted or approved by SANDAG. All of Grantee's application materials not in conflict with this Agreement are hereby incorporated into this Agreement as though fully set forth herein. B. Agreement. This Grant Agreement, together with all attachments hereto, which are hereby incorporated into this Agreement and contain additional terms and conditions that are binding upon the parties. C. Approval, Authorization, Concurrence, Waiver. A written statement (transmitted in typewritten hard copy or electronically) of a SANDAG official authorized to permit the Grantee to take or omit an action required by Agreement, which action may not be taken or omitted without such permission. Except to the extent that SANDAG determines otherwise in writing, such approval, authorization, concurrence, or waiver permitting the performance or omission of a specific action does not constitute permission to perform or omit other similar actions. An oral permission or interpretation has no legal force or effect. D. Approved Project Budget. The most recent statement of the costs of the Project, the maximum amount of assistance from SANDAG for which Grantee is currently eligible, the specific tasks (including specific contingencies) covered, and the estimated cost of each task that has been approved by SANDAG. The Approved Project Budget is attached hereto as Attachment A. E. BPNSP Funds and Funding. Funding from the TransNet Extension Ordinance for the Bicycle, Pedestrian, and Neighborhood Safety Program and TDA Article 3 Funds. F. Grantee. The local jurisdiction that is the recipient of BPNSP Funding under this Agreement. If Grantee enters into agreements with other parties to assist with the implementation of the Project, each participant in, member of, or party to that agreement is deemed a "subgrantee" and, for purposes of compliance with applicable requirements of the Agreement for its Project, will be treated as a Grantee. G. Maximum SANDAG Contribution. Grantee submitted an application and was evaluated based on its representation that it would abide by a budget for the Project, which has been finalized and attached to this Agreement as the Approved Project Budget (Attachment A). 2 Based on the Approved Project Budget, the maximum amount of BPNSP Funding SANDAG will pay to Grantee for amounts invoiced under this Agreement is $130,000. H. Subgrantee. Any contractor or consultant, at any tier, paid directly or indirectly with funds flowing from this Agreement for the Project. I. Transportation Development Act Funds (TDA Funds). Article 3 Bicycle and Pedestrian Facilities Programs Funds. Section 2. Project Implementation General. The Grantee agrees to carry out the Project as follows: Project Description. Grantee agrees to perform the work as described in the Project Description/Scope of Work attached as Attachment A. 2. Effective Date. The effective date of this Agreement or any amendment hereto is the date on which this Agreement or an amendment is fully executed. The Grantee agrees to undertake Project work promptly after receiving notice that SANDAG has awarded BPNSP Funding for the Project. 3. Grantee's Capacity. Grantee agrees to maintain or acquire sufficient legal, financial, technical, and managerial capacity to: (a) plan, manage, and complete the Project and provide for the use of any Project property; (b) carry out the safety and security aspects of the Project, and (c) comply with the terms of the Agreement and all applicable laws, regulations, and policies pertaining to the Project and the Grantee, including but not limited to the Extension Ordinance. 4. Project Schedule. Grantee agrees to complete the Project according to the Project Schedule (attached hereto as Attachment A) and in compliance with the Use -It -or -Lose - It Policy (attached hereto as Attachment B). 5. Project Implementation and Oversight. Grantee agrees to comply with the Project Implementation and Oversight Requirements attached hereto as Attachment C. Additionally, if Grantee hires a consultant to carry out professional services, funded under this Agreement, Grantee shall prepare an Independent Cost Estimate (ICE) prior to soliciting proposals; publicly advertise for competing proposals for the work; use cost as an evaluation factor in selecting the consultant; document a Record of Negotiation (RON) establishing that the amount paid by Grantee for the consultant services is fair and reasonable; and pass through the relevant obligations in this Agreement to the consultant. if Grantee hires a contractor to carry out construction services funded under this Agreement, Grantee shall prepare an Independent Cost Estimate (ICE), (e.g., a construction cost estimate) prior to soliciting proposals; publicly advertise for competing bids for the work; award the work to the lowest responsive and responsible bidder; document a Record of Negotiation (RON) establishing that the amount paid by Grantee for the construction services is fair and reasonable; and pass through the relevant obligations in this Agreement to the contractor. 3 6. Changes to Project Composition. This Agreement was awarded to Grantee based on the application submitted by Grantee, which contained representations by Grantee regarding project parameters, project proximity to transit, and other criteria relevant to evaluating and ranking the Project based on SANDAG BPNSP guidelines. Any substantive deviation from Grantee's representations in the Project Justification during project implementation may require reevaluation or result in loss of funding. If Grantee knows or should know that substantive changes in the Project Justification have occurred or will occur, Grantee will immediately notify SANDAG. SANDAG will then determine whether the Project is still consistent with the overall objectives of the BPNSP and that the changes would not have negatively affected the Project ranking during the grant application process. SANDAG reserves the right to have BPNSP funding withheld or refunded due to substantive changes to the Project Justification. See Section 9, paragraph F, of this Agreement regarding amendments to the Scope of Work. B. Significant Participation by a Subgrantee. Although Grantee may delegate any or almost all Project responsibilities to one or more subgrantees, the Grantee agrees that it, rather than any subgrantee, is ultimately responsible for compliance with all applicable laws, regulations, and this Agreement. C. Grantee's Responsibility to Extend Agreement Requirements to Other Entities 1. Entities Affected. If an entity other than Grantee is expected to fulfill any responsibilities typically performed by Grantee, the Grantee agrees to assure that the entity carries out Grantee's responsibilities as set forth in this Agreement. 2. Documents Affected. The applicability provisions of laws, regulations, and policies determine the extent to which those provisions affect an entity (such as a subgrantee) participating in the Project through the Grantee. Thus, the Grantee agrees to use a written document to ensure that each entity participating in the Project complies with applicable laws, regulations, and policies. a. Required Clauses. Grantee agrees to use a written document (such as a subagreement, lease, third -party contract, or other) including all appropriate clauses stating the entity's responsibilities under applicable laws, regulations, or policies. b. Flowdown. Grantee agrees to include in each document (subagreement, lease, third -party contract, or other) any necessary provisions requiring the Project participant (third -party contractor, subgrantee, or other) to impose applicable laws, Agreement requirements, and directives on its subgrantees, lessees, third - party contractors, and other Project participants at the lowest tier necessary. D. No SANDAG Obligations to Third Parties. In connection with the Project, Grantee agrees that SANDAG shall not be subject to any obligations or liabilities to any subgrantee, lessee, third -party contractor, or other person or entity that is not a party to the Agreement for the Project. Notwithstanding that SANDAG may have concurred in or approved any solicitation, subagreement, lease, or third -party contract at any tier, SANDAG has no obligations or 4 liabilities to any entity other than the Grantee, including any subgrantee, lessee, or third - party contractor at any tier. E. Changes in Project Performance. Grantee agrees to notify SANDAG immediately, in writing, of any change in local law, conditions (including its legal, financial, or technical capacity), or any other event that may adversely affect Grantee's ability to perform the Project in accordance with the terms of the Agreement. Grantee also agrees to notify SANDAG immediately, in writing, of any current or prospective major dispute, breach, default, or litigation that may adversely affect SANDAG's interests in the Project; and agrees to inform SANDAG, also in writing, before naming SANDAG as a party to litigation for any reason, in any forum. At a minimum, Grantee agrees to send each notice to SANDAG required by this subsection to SANDAG's Office of General Counsel. Grantee further agrees to utilize the procedures set forth in the Use -It -or -Lose -It Policy attached hereto as Attachment B if it anticipates a delay in performance. F. Standard of Care. Grantee expressly warrants that the work to be performed pursuant to this Agreement shall be performed in accordance with the applicable standard of care. Where approval by SANDAG, the Executive Director, or other representative of SANDAG is indicated in the Scope of Work, it is understood to be conceptual approval only and does not relieve Grantee of responsibility for complying with all laws, codes, industry standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of Grantee or its subgrantees. Section 3. Ethics A. Grantee Code of Conduct/Standards of Conduct. Grantee agrees to maintain a written code of conduct or standards of conduct that shall govern the actions of its officers, employees, council or board members, or agents engaged in the award or administration of subagreements, leases, or third -party contracts supported with TransNct Ordinance assistance. Grantee agrees that its code of conduct or standards of conduct shall specify that its officers, employees, board members, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from any present or potential subgrantee, lessee, or third -party contractor at any tier or agent thereof. Such a conflict would arise when an employee. officer, council or board member, or agent, including any member of his or her immediate family, partner, or organization that employs or intends to employ any of the parties listed herein has a financial interest in the entity selected for award. Grantee may set de minimis rules where the financial interest is not substantial, or the gift is an unsolicited item of nominal intrinsic value. Grantee agrees that its code of conduct or standards of conduct shall also prohibit its officers, employees, board members, or agents from using their respective positions in a manner that presents a real or apparent personal or organizational conflict of interest or personal gain. As permitted by state or local law or regulations, Grantee agrees that its code of conduct or standards of conduct shall include penalties, sanctions, or other disciplinary actions for violations by its officers, employees, board members, or their agents, or its third -party contractors or subgrantees or their agents. 5 1. Personal Conflicts of Interest. Grantee agrees that its code of conduct or standards of conduct shall prohibit the Grantee's employees, officers, council or board members, or agents from participating in the selection, award, or administration of any third - party contract or subagreement supported by BPNSP Funding if a real or apparent conflict of interest would be involved. Such a conflict would arise when an employee, officer, board member, or agent, including any member of his or her immediate family, partner, or organization that employs or intends to employ any of the parties listed herein has a financial interest in the firm selected for award. 2. Organizational Conflicts of Interest. Grantee agrees that its code of conduct or standards of conduct shall include procedures for identifying and preventing real and apparent organizational conflicts of interest. An organizational conflict of interest exists when the nature of the work to be performed under a proposed third -party contract or subagreement may, without some restrictions on future activities, result in an unfair competitive advantage to the third -party contractor or subgrantee or impair its objectivity in performing the contract work. B. SANDAG Code of' Conduct. SANDAG has established policies concerning potential conflicts of interest. These policies apply to Grantee. For all awards by SANDAG, any practices which might result in unlawful activity are prohibited, including but not limited to rebates, kickbacks, or other unlawful considerations. SANDAG staff is specifically prohibited from participating in the selection process when those staff have a close personal relationship, family relationship, or past (within the last 12 months), present, or potential business or employment relationship with a person or business entity seeking a contract. It is unlawful for any contract to be made by SANDAG if any individual board member or staff has a prohibited financial interest in the contract. Staff is also prohibited from soliciting or accepting gratuities from any organization seeking funding from SANDAG. SANDAG's officers, employees, agents, and board members shall not solicit or accept gifts, gratuities, favors, or anything of monetary value from consultants, potential consultants, or parties to subagreements. By signing this Agreement, Grantee affirms that it has no knowledge of an ethical violation by SANDAG staff or Grantee. If Grantee has any reason to believe a conflict of interest exists with regard to the Agreement or the Project, it should notify the SANDAG Office of General Counsel immediately. C. Bonus or Commission. Grantee affirms that it has not paid, and agrees not to pay, any bonus or commission to obtain approval of its BPNSP Funding application for the Project. False or Fraudulent Statements or Claims. Grantee acknowledges and agrees that by executing the Agreement for the Project, the Grantee certifies or affirms the truthfulness and accuracy of each statement it has made, it makes, or it may make in connection with the Project. Section 4. Approved Project Budget Except to the extent that SANDAG determines otherwise, in writing, the Grantee agrees as follows: Grantee and SANDAG have agreed to a Project budget that is designated the "Approved Project Budget." Grantee will incur obligations and make disbursements of Project funds only as authorized 6 by the Approved Project Budget. An amendment to the Approved Project Budget requires the issuance of a formal amendment to the Agreement, except that re -allocation of funds among budget items or fiscal years that does not increase the total amount of the BPNSP Funding awarded for the Project may be made consistent with applicable laws, regulations, and policies. Prior SANDAG approval is required for transfers of funds between Approved Project Budget categories. Section 5. Payments A. Funding Commitment. Grantee agrees that SANDAG's maximum commitment for the City of National City's Project Costs will not exceed the Maximum SANDAG Contribution of $7,500, payable to the City of National City out of the total grant amount of $130,000. SANDAG's responsibility to make, or, for TDA-funded projects, to authorize the County of San Diego to make payments under this Agreement is limited to the amounts listed in the Approved Project Budget for the Project. Within 30 days of notification to Grantee that specific amounts are owed to SANDAG, whether for excess payments of BPNSP Funding, failure to comply with the Use -It -or -Lose -It Policy (Attachment B), disallowed costs, or funds recovered from third parties or elsewhere, Grantee agrees to remit the owed amounts to SANDAG, including applicable interest, penalties, and administrative charges. B. Payment by SANDAG. SANDAG shall pay up to $7,500 to the City of National City out of the total grant amount of $130,000, or, for TDA-funded projects, authorize the County of San Diego to pay Grantee following receipt and approval of an invoice accompanied by documentation of expenses incurred on the Project. Upon receiving a request for payment and adequate supporting information, SANDAG will make payment, or, for TDA-funded projects, authorize the County of San Diego to make payment for eligible amounts to Grantee within 30 days if Grantee has complied with the requirements of the Agreement including quarterly reporting requirements, has satisfied SANDAG that the BPNSP Funding requested is needed for Project purposes in that requisition period, and is making adequate progress toward Project completion. After Grantee has demonstrated satisfactory compliance with the preceding requirements, SANDAG will reimburse Grantee's apparent allowable costs incurred consistent with the Approved Project Budget for the Project_ For TDA-funded Projects, Grantee is advised that the County of San Diego makes payments on the 20th clay of each month, or the following business day. The remaining portion of the $130,000 grant, or $122,500, will riot be paid by SANDAG to the City of National City, since SANDAG will be performing the work by SANDAG staff or using SANDAG consultants. However, the full amount of the project costs, up to $130,000, should be recorded for the City of National City's TransNet audit. C. Costs Reimbursed. Grantee agrees that Project costs eligible for BPNSP Funding must comply with all the following requirements. Except to the extent that SANDAG determines otherwise, in writing, to be eligible for reimbursement, Project costs must be: 1. Consistent with the Project Scope of Work, the Approved Project Budget, and other provisions of the Agreement, 2. Necessary in order to accomplish the Project, 3. Reasonable for the goods or services purchased, 7 4. Actual net costs to the Grantee (i.e., the price paid minus any refunds, rebates, or other items of value received by the Grantee that have the effect of reducing the cost actually incurred, excluding program income), 5. Incurred for work performed after the Effective Date of the Agreement, 6. Satisfact or i ly documented, 7. Treated consistently in accordance with accounting principles and procedures approved by SANDAG for the Grantee (see Section 6 Accounting Records), and with accounting principles and procedures approved by the Grantee for its third party contractors and subgrantees, and 8. Eligible for BPNSP Funding as part of the BPNSP. D. TDA Project Eligibility The law specifies that the money should be allocated according to the regulations adopted by SANDAG as the regional transportation planning agency. It also identifies certain categories of eligible projects. These specific project types represent neither an exhaustive list, nor are they listed as priorities (Public Utilities Code Sections 99233.3 and 99234). They are summarized below for reference. ▪ Construction, including related engineering expenses, of bicycle and pedestrian facilities. ▪ Maintenance of bicycle trails provided they are dosed to motorized traffic. • Projects serving the needs of commuting bicyclists, including but not limited to, new paths serving major transportation corridors, secure bicycle parking at employment centers, park -and -ride Tots, and transit centers where other funds are not available. ▪ A comprehensive bicycle and pedestrian facilities plan (no more than once every five years), with an emphasis on bicycle projects intended to primarily accommodate nonrecreational bicycle trips. - Up to 20 percent of the cost to restripe Class I1 bicycle lanes. • Up to 5 percent of the amount available to a city or the county may be expended in conjunction with other funds to support bicycle safety education programs, so long as the funds are not used to fully fund the salary of any one person. E. TransNet Project Eligibility TransNet bicycle funds may be expended for all purposes necessary and convenient to the design, right-of-way acquisition, and construction of facilities intended for use by bicyclists, pedestrian, and neighborhood safety programs. These funds also may be used for programs that help to encourage the use of bicycles/pedestrians, such as secure parking facilities, bicycle/pedestrian promotion programs, and safety programs. 8 F. Excluded Costs 1. In determining the amount of BPNSP Funding SANDAG will provide for the Project, SANDAG will exclude: a. Any Project cost incurred by Grantee before the Effective Date of the Agreement or Amendment thereto; b. Any cost that is not included in the latest Approved Project Budget; c. Any cost for Project property or services received in connection with a subagreement. lease, third -party contract, or other arrangement that is required to be, but has not been, concurred in or approved in writing by SANDAG; d. Any cost ineligible for SANDAG participation as provided by applicable laws, regulations, or policies. Certain costs at times associated with bicycle and pedestrian projects are not eligible when the benefit provided is not the exclusive use of bicyclists or pedestrians. These instances are listed below. Curb and gutter are part of the roadway drainage system. As such, newly installed curb and gutter cannot be considered an improvement exclusively for the benefit of the sidewalk or bike lane and are not an eligible expense. Driveway ramps installed across sidewalks are not for the benefit of pedestrians, and in fact, degrade the pedestrian environment. Claimants may not include the cost of driveway ramps in applications for sidewalk projects. However, the distance across the driveway may be included when computing the per -square - foot cost of the sidewalk. Where roadway design standards require a roadway shoulder width at least as wide as would be required for a standard bike lane, the cost of the shoulder construction will not be eligible. Appropriate bikeway signage is eligible. Under some circumstances, it may be necessary to remove and replace curb and gutter, driveway ramps, drainage facilities and other existing improvements in order to construct a bikeway or sidewalk. In such cases the cost of this work is most likely eligible, but claimants should carefully document why this is so in the claim submittal. 2. The Grantee understands and agrees that payment to the Grantee for any Project cost does not constitute SANDAG's final decision about whether that cost is allowable and eligible for payment under the Project and does not constitute a waiver of any violation by the Grantee of the terms of the Agreement for the Project. The Grantee acknowledges that SANDAG will not make a final determination about the allowability and eligibility of any cost until the final payment has been made on the Project or the results of an audit of the Project requested by SANDAG or its Independent Taxpayers' Oversight Committee (ITOC) has been completed, whichever occurs latest. If SANDAG determines that the Grantee is not entitled to receive any portion of the BPNSP Funding requested or paid, SANDAG will notify the Grantee in writing, stating its reasons. Grantee agrees that Project closeout will not alter the Grantee's responsibility 9 to return any funds due SANDAG as a result of later refunds, corrections, or other similar transactions; nor will Project closeout alter SANDAG's right to disallow costs and recover funds provided for the Project on the basis of a later audit or other review. G. Maximum SANDAG Participation. Upon receipt of an invoice from Grantee documenting Grantee's incurred and eligible expenses, SANDAG agrees to pay its Maximum Percentage/Amount of SANDAG Participation based on the invoiced amount. Section 6. Accounting Records In compliance with applicable laws, regulations, and policies, the Grantee agrees as follows: A. Project Accounts. Grantee agrees to establish and maintain for the Project either a separate set of accounts or separate accounts within the framework of an established accounting system that can be identified with the Project. Grantee also agrees to maintain all checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents related in whole or in part to the Project so that they may be clearly identified, readily accessible, and available to SANDAG upon request and, to the extent feasible, kept separate from documents not related to the Project. B. Documentation of Project Costs and Program Income. Except to the extent that SANDAG determines otherwise, in writing, the Grantee agrees to support all costs charged to the Project, including any approved services or property contributed by Grantee or others, with properly executed payrolls, time records, invoices, contracts, or vouchers describing in detail the nature and propriety of the charges, including adequate records to support the costs the Grantee has incurred underlying any payment in which SANDAG has agreed to participate. Section 7. Reporting, Record Retention, and Access A. Types of Reports. Grantee agrees to submit to SANDAG all reports required by laws and regulations, policies, the Agreement, and any other reports SANDAG may specify. B. Report Formats. Grantee agrees that all reports and other documents or information intended for public availability developed in the course of the Project and required to be submitted to SANDAG must be prepared and submitted in electronic and or typewritten hard copy formats as SANDAG may specify. SANDAG reserves the right to specify that records be submitted in particular formats. C. Record Retention_ During the course of the Project and for three years thereafter from the date of transmission of the final expenditure report, the Grantee agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the Project as SANDAG may require. D. Access to Records of Grantees and Subgrantees. Grantee agrees to permit, and require its subgrantees to permit, SANDAG or its authorized representatives, upon request, to inspect 10 all Project work, materials, payrolls, and other data, and to audit the books, records, and accounts of the Grantee and its subgrantees pertaining to the Project. L. Project Closeout. Grantee agrees that Project closeout does not alter the reporting and record retention requirements of this Agreement. F. Quarterly Reports. It shall be the responsibility of Grantee to advise SANDAG on a quarterly basis of the progress of its work, expenditures incurred, and information regarding whether the Project is projected to be completed within the limits of the Approved Project Budget and Project Schedule. The quarterly progress report shall be submitted in writing to SANDAG. Grantee shall document the progress and results of work performed under this Agreement to the satisfaction of SANDAG. This may include progress and final reports, plans, specifications, estimates, or other evidence of attainment of the Agreement objectives, which are requested by SANDAG or the ITOC. Grantee may be required to attend meetings of SANDAG staff and committees, including ITOC, to report on its progress and respond to questions. Section 8. Project Completion, Audit, Settlement, and Closeout A. Project Completion. Within ninety (90) calendar days following Project completion or termination by SANDAG, the Grantee agrees to submit a final certification of Project expenses and final reports, as applicable. B. Project Closeout. Project closeout occurs when SANDAG notifies the Grantee that SANDAG has closed the Project, and either forwards the final BPNSP Funding payment or acknowledges that the Grantee has remitted the proper refund. Grantee agrees that Project closeout by SANDAG does not invalidate any continuing requirements imposed by the Agreement or any unmet requirements set forth in a written notification from SANDAG. Project Use. Grantee was awarded this Agreement based on representations in its grant application regarding the Project's intended use. If the Project is a capital project, Grantee hereby commits to continued use of the Project for the purposes stated in its application for a period of at least five years after completion of construction. SANDAG may require Grantee to refund BPNSP Funding provided for the Project in the event Grantee fails to utilize the Project for its intended purposes as stated in the grant application. Section 9. Timely Progress and Right of SANDAG to Terminate A. Grantee shall make diligent and timely progress toward completion of the Project within the timelines set forth in the Project Schedule (Attachment A. If timely progress is not achieved, SANDAG may review the status of the Project to determine if the funds, shouid be reallocated to another eligible project, as per the Use It or Lose It Policy (Attachment B). Grantee understands and agrees that any failure to make reasonable progress on the Project or violation of the Agreement that endangers substantial performance of the Project shall provide sufficient grounds for SANDAG to terminate the Agreement for the Project. 11 B. In the event Grantee encounters difficulty in meeting the Project Schedule or anticipates difficulty in complying with the Project Schedule, the Grantee shall immediately notify the SANDAG Project Manager and shall provide pertinent details, including the reason(s) for the delay in performance and the date by which Grantee expects to complete performance or delivery. This notification shall be informational in character only and receipt of it shall not be construed as a waiver by SANDAG of a project delivery schedule or date, or any rights or remedies provided by this Agreement, including the Use It or Lose It Policy requirements. C. Upon written notice, Grantee agrees that SANDAG may suspend or terminate all or any part of the BPNSP Funding to be provided for the Project if the Grantee has violated the terms of the Agreement, or if SANDAG determines that the purposes of the laws or policies authorizing the Project would not be adequately served by the continuation of BPNSP Funding for the Project. D. In general, termination of BPNSP Funding for the Project will not invalidate obligations properly incurred by the Grantee before the termination date to the extent those obligations cannot be canceled. If, however, SANDAG determines that Grantee has willfully misused BPNSP Funding by failing to make adequate progress, or failing to comply with the terms of the Agreement, SANDAG reserves the right to require Grantee to refund the entire amount of BPNSP Funding provided for the Project or any lesser amount as SANDAG may determine. E. Expiration of any Project time period established in the Project Schedule will not, by itself, automatically constitute an expiration or termination of the Agreement for the Project, however, Grantee must request and SANDAG must agree to amend the Agreement in writing if the Project Schedule will not be met. An amendment to the Project Schedule may be made at SANDAG's discretion if Grantee's request is consistent with the provisions of the Use -It -or - Lose -It Policy (Attachment B). F. Amendment of Scope. The grant was awarded based on the application submitted by Grantee with the intention that the awarded funds would be used to implement the Project as described in the Scope of Work (Attachment A). Any substantive deviation from the Scope of Work must be approved by SANDAG if grant funds are to be used for such changes. If Grantee believes substantive changes need to be made to the Project, Grantee will immediately notify SANDAG. SANDAG will then determine whether the Project is still consistent with the overall objectives of the BPNSP and that the changes would not have negatively affected the Project ranking during the grant application process. SANDAG reserves the right to have BPNSP Funding withheld or refunded due to substantive Project changes. Section 10. Disputes and Venue Choice of Law. This Agreement shall be interpreted in accordance with the laws of the State of California. B. Dispute Resolution Process. In the event Grantee has a dispute with SANDAG during the performance of this Agreement, Grantee shall continue to perform unless SANDAG informs 12 Grantee in writing to cease performance. The dispute resolution process for disputes arising under this Agreement shall be as follows: 1 Grantee shall submit a statement of the grounds for the dispute, including all pertinent dates, names of persons involved, and supporting documentation, to SANDAG's Project Manager. The Project Manager and other appropriate SANDAG staff will review the documentation in a timely manner and reply to Grantee within 20 days. Upon receipt of an adverse decision by SANDAG, Grantee may submit a request for reconsideration to SANDAG's Executive Director. The request for reconsideration must be received within 10 days from the postmark date of SANDAG's reply. The Executive Director will respond to the request for reconsideration within 10 working days. The decision of the Executive Director will be in writing. 2 If Grantee is dissatisfied with the results following exhaustion of the above dispute resolution procedures, Grantee shall make a written request to SANDAG for appeal to the SANDAG Regional Planning Committee. SANDAG shall respond to a request for mediation within thirty (30) calendar days. The decision of the Regional Planning Committee shall be final. C. Venue_ If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Diego, State of California. In the event of any such litigation between the parties, the prevailing party shall be entitled to recover all reasonable costs incurred, including reasonable attorney's fees, litigation and collection expenses, witness fees, and court costs as determined by the court. Section 11_ Assignment Grantee agrees that Grantee shall not assign, sublet, or transfer (whether by assignment or novation) this Agreement or any rights under or interest in this Agreement without the written consent of SANDAG, which may be withheld for any reason, provided however, that claims for money due to Grantee from SANDAG under this Agreement may be assigned to a bank, trust company or other financial institution without such approval. Notice of such assignment or transfer shall be promptly furnished to SANDAG in writing. Section 12. Project Manager Grantee has assigned Susan Carter as the Project Manager for the Project. Project Manager continuity and experience is deemed essential in Grantee's ability to carry out the Project in accordance with the terms of this Agreement. Grantee shall not change the Project Manager without notice to SANDAG. 13 Section 13. Insurance Grantee shall procure and maintain during the period of performance of this Agreement, and for 12 months following completion, policies of insurance from insurance companies authorized to do business in the State of California or the equivalenttypes and amounts of self-insurance, as follows: A. General Liability. Combined single limit of $1,000,000 per occurrence and $2,000,000 general aggregate for personal and bodily injury, including death, and broad form property damage. The policy must include an acceptable "Waiver of Transfer Rights of Recovery Against Others Endorsement." The policy must name SANDAG as an additional insured in the endorsement. A deductible or retention may be utilized, subject to approval by SANDAG. B. Automobile Liability. For personal and bodily injury, including death, and property damage in an amount not less than $1,000,000. C. Workers' Compensation and Employer's Liability. Policy must comply with the laws of the State of California. The policy must include an acceptable "Waiver of Right to Recover From Others Endorsement" naming SANDAG as an additional insured. D. Other Requirements. Grantee shall furnish satisfactory proof by one or more certificates (original copies) that it has the foregoing insurance. The insurance shall be provided by an acceptable insurance provider, as determined by SANDAG, which satisfies the Following minimum requirements: 1. An insurance carrier qualified to do business in California and maintaining an agent for service of process within the state. Such insurance carrier shall maintain a current A.M. Best rating classification of "A-" or better, and a financial size of "$10 million to $24 million (Class V) or better," or A Lloyds of London program provided by syndicates of Lloyds of London and other London insurance carriers, providing all participants are qualified to do business in California and the policy provides for an agent for service of process in California. 2. Certificates of insurance shall be filed with SANDAG. These policies shall be primary insurance as to SANDAG so that any other coverage held by SANDAG shall not contribute to any Toss under Grantee's insurance. Each insurance policy shall contain a clause which provides that the policy may not be canceled without first giving thirty (30) days advance written notice to SANDAG. For purposes of this notice requirement, any material change in the policy prior to its expiration shall be considered a cancellation. E. Grantee may satisfy the requirements of this Section 13 by maintaining its lawful self -insured status during the period of performance of this Agreement. Section 14. Indemnification and Duty to Defend With regard to any claim, protest, or litigation arising from or related to the Grantee's performance , which is expressly limited to supervising the project design, reviewing' plans and attending meetings, in connection with or incidental to the Project or this Agreement, Grantee agrees to 14 defend, indemnify, protect, and hold SANDAG and its agents, officers, Board members, and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to the Grantee's or its subgrantees' employees, agents, or officers, which arise from or are connected with or are caused or claimed to be caused by the negligent, reckless, or willful acts or omissions of the Grantee and its subgrantees and their agents, officers, or employees, in performing the work or services herein, and all expenses of investigating and defending against same, including attorney fees and costs; provided, however, that the Grantee's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of SANDAG, its agents, officers, or employees_ Section 15. Relationship of Parties for purposes of this Agreement, the relationship of the parties is that of independent entities and not as agents of each other or as joint venturers or partners. The parties shall maintain sole and exclusive control over their personnel, agents, consultants, and operations. Section 16. Severability and Integration If any provision of the Agreement is determined invalid, the remainder of that Agreement shall not be affected if that remainder would continue to conform to the requirements of applicable laws or regulations. This Agreement represents the entire understanding of SANDAG and Grantee as to those matters contained in it. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing, signed by SANDAG and the Grantee. Section 17. Notice Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, registered or certified, postage prepaid, addressed to: San Diego Association of Governments 401 B Street, Suite 800 San Diego, CA 92101 Attn: Regional Bike and Pedestrian Program Manager Grantee: City of National City 1243 National City Blvd. National City, CA 91950 Attn: Stephen Manganiello and shall be effective upon receipt thereof. 15 Section 18. Signatures The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date written above. SAN DIEGO ASSOCIATION CITY OF NATIONAL CITY OF GOVERNMENTS GARY L. GALLEGOS FULL NAME: Ron Morrison Executive Director TITLE: Mayor, City of National City APPROVED AS 10 SUFFICIENCY OF FORM APPROVED AS TO SUFFICIENCY OF FORM AND LEGALITY: AND LEGALITY: JULIA COLEMAN FULL NAME: George Eiser Office of General Counsel TITLE: City Attorney, City of National City 16 ATTACHMENT A SCOPE OF WORK, SCHEDULE, AND BUDGET PROJECT DESCRIPTION: Preparation of an environmental document and final design plans for a Class 1 Bike Path on Plaza Bonita Road, extending north and westerly 2,400 feet from Bonita Mesa road in the City of National City. TASK DELIVERABLES START DATE COMPLETION DATE SANDAG FUNDS Environmental Documentation CEQA Documents October 2009 National City project management SANDAG project management Preliminary Design & Engineering 50% Plan Submittals October 2009 National City project management SANDAG project management Preliminary Design & Engineering 90% Plan Submittals January 2009 National City project management SANDAG project management Final Design 100% Plan Submittals March 2010 National City project management SANDAG project management January 2009 $30,000 $ 2,500 $ 2, 500 January 2009 $42,500 $1,000 $1,000 March 2010 $21,250 h1,000 $1,000 April 2010 $21,250 $3,000 $3,000 TOTAL $130,000 PROJECT REVENUES GRANTEE'S MAXIMUM FUNDING ALLOWANCE SOURCE FY2010 TOTAL $7,500 TransNet $130,000 TOTAL $130,000 17 ATTACHMENT B USE -IT -OR -LOSE -IT POLICY 1. Project Milestone and Completion Deadlines 1.1. This policy applies to all Bicycle, Pedestrian, and Neighborhood Safety Program grant funds, whether from TransNet or another source. By signing a grant agreement for the Bicycle, Pedestrian, and Neighborhood Safety Program, grant recipients agree to the following project delivery objectives. 1.1.1. Capital Grants. The project must be completed according to the schedule provided in the grant agreement, but at the latest. a construction contract must be awarded within two years following execution of the grant agreement, and construction must be completed within eighteen months following award of the construction contract. 1.1.2. Planning Grants. The project must be completed according to the schedule provided in the grant agreement, but at the latest, a consultant contract must be awarded within one year following execution of the grant agreement, and the planning project must be complete within two years following award of the consultant contract. Failure to meet the above deadlines may result in revocation of all grant funds not already expended. 1.2. Grant funds made available as a result of this process may be awarded to the next project on the recommended project priority list from the most recent project selection process, or they may be added to the funds available for the next project funding cycle, at SANDAG's discretion. Any project that loses funding due to failure to meet the deadlines specified in this policy may be resubmitted to compete for funding in a future call for projects. 2. Project Delays and Extensions of up to One Year 2.1. Grant recipients may receive extensions on their project schedules of up to one year for good cause. Extensions of up to twelve months aggregate that would not cause the project to miss a deadline in Sections 1.1.1 or 1.1.2 may be approved by the SANDAG Program Manager for the Bicycle, Pedestrian, and Neighborhood Safety Program. Extensions beyond twelve months aggregate or that would cause the project to rniss a deadline in Sections 1.1.1 or 1.1.2 must be approved by the Regional Planning Committee. For an extension to be granted under this Section 2. the following conditions must be met: 2.1.1. For extension requests of up to six months, the grant recipient must request the extension in writing to the SANDAG Program Manager at least two weeks prior to the earliest project schedule milestone deadline for which an extension is being requested. 2.1.2. For extension requests that will cause one or more project milestones to be delayed more than six months, but less than twelve months aggregate, the grant recipient must request an extension in writing to the SANDAG Program Manager at least six weeks prior to the earliest project schedule milestone deadline for which an extension is being requested. 18 2.1.3. The project sponsor seeking the extension must document previous efforts undertaken to maintain the project schedule, the reasons for the delay, and why they were unavoidable, and demonstrate an ability to succeed in the extended time frame. 2.1.4. If the Program Manager denies an extension request under this Section 2, the project sponsor may appeal within ten business days of receiving the Program Manager's response to the Regional Planning Committee. 2.1.5. Extension requests that are rejected by the Regional Planning Committee will result in termination of the grant agreement and obligation by the project sponsor to return to SANDAG any unexpended funds. Unexpended funds are funds for project costs not incurred prior to rejection of the extension request by the Regional Planning Committee. 3. Project and Extensions Beyond One Year 3.1. Requests for extensions beyond one year or that will cause a project to miss a deadline in Sections 1.1.1 or 1.1.2 (including those projects that were already granted extensions by the SANDAG Program Manager and are again falling behind schedule) will be considered by the Regional Planning Committee. The Regional Planning Committee will only grant an extension under this Section 3 for extenuating conditions beyond the control of the project sponsor, defined as follows: 3.1.1. Capital Grants 3.1.1.1. Environmental. An extension may be granted when, during the environmental review process, the project sponsor discovers heretofore unknown sites (e.g., archeological, endangered species) that require additional investigation and mitigation efforts. The project sponsor must demonstrate that the discovery is new and unforeseen. 3.1.1.2. Right -of -Way. Extensions for delays necessary to complete right-of-way acquisition may be granted only when right-of-way needs are identified that could not have been foreseen at the time the grant agreement was signed. 3.1.1.3. Permitting. Delays associated with obtaining permits from external agencies may justify an extension when the project sponsor can demonstrate that every effort has been made to obtain the necessary permits and that the delay is wholly due to the permitting agency. 3.1.1.4. Construction Schedule. Extensions may be granted when unavoidable construction delays create a conflict with restrictions on construction during certain times of the year (for instance, to avoid nesting season for endangered species). 3.1.1.5. Litigation. Extensions may be granted when a lawsuit has been filed concerning the project being funded. 3.1.1.6. Other. Extensions may be granted due to changes in federal/state policies or laws that can be shown to directly affect the project schedule. 19 3.1.2. Planning Grants 3.1.2.1. Changed Circumstances. An extension may be granted for a planning project when circumstances not within the control of the grant recipient, such as an action by an outside agency, require a change in the scope of work for the project. 3.2. The grant recipient shall make its request directly to the Regional Planning Committee, providing a detailed justification for the requested extension, including a revised project schedule and work plan, at least six weeks prior to the earliest project schedule milestone deadline, or deadline in Sections 1.1.1 or 1.1.2, for which an extension is being requested. 3.3. Extension requests that are rejected by the Regional Planning Committee will result in termination of the grant agreement and obligation by the project sponsor to return to SANDAG any unexpended funds. Unexpended funds are funds for project costs not incurred prior to rejection of the extension request_ 20 ATTACHMENT C PROJECT OVERSIGHT REQUIREMENTS Capital Grants 1. Contact Information: Grantee must provide SANDAG with contact information for the project manager. Grantee must provide SANDAG with updated contact information in a timely manner if there are any changes to staff assigned. 2. Design Development Meetings: Grantee must provide SANDAG with advance notice (preferably within two weeks) and agendas of all design development meetings, and a meeting summary following the meeting. SANDAG staff may attend any meetings as appropriate. 3. Plan Review: Grantee must submit project design drawings and cost estimates (if available) to SANDAG for review and comment at 30 percent, 60 percent, 90 percent, and 100 percent. SANDAG staff may meet with Grantee to comment on submitted plans and assure substantial conformance. SANDAG may comment on submitted plans regarding: • whether they are consistent with the project proposed in the original grant application, and • consistency with accepted pedestrian/bicycle facility and smart growth design standards. 4. Quarterly Reports: Grantee must submit quarterly reports to SANDAG, detailing accomplishments in the quarter, anticipated progress next quarter, pending issues and actions toward resolution, and status of budget and schedule. 5. Performance Monitoring: SANDAG staff may measure performance of the constructed capital improvements against stated project objectives, and evaluate the overall SGIP. Grantee is expected to meet with SANDAG staff to identify relevant performance measures and data sources, and provide available data and feedback regarding the program as appropriate. Planning Grants 1. Contact Information_ Grantee must provide SANDAG with contact information for the project manager. Grantee must provide SANDAG with updated contact information in a timely manner if there are any changes to staff assigned. 2. Stakeholder and Community Meetings. Grantee must provide SANDAG with advance notice (preferably within two weeks) and agendas of all stakeholder and community meetings, and a meeting summary following the meeting. SANDAG staff may attend any meetings as appropriate. 3. Request for Proposals and Consultant Selection. Grantee must submit consultant draft Request for Proposals to SANDAG staff for review and comment. Consultant proposals must also be submitted to SANDAG for review and comment prior to consultant selection. 4. Quarterly Reports. Grantee must submit quarterly reports to SANDAG, detailing accomplishments in the quarter, anticipated progress next quarter, pending issues and actions toward resolution, and status of budget and schedule. 21 City of National City, California COUNCIL AGENDA STATEMENT EETING DATE January 5, 2010 AGENDA ITEM NO. 5 ITEM TITLE Resolution of the City Council of the City of National City approving submittal of a funding allocation request to the State Department of Transportation in the amount of $129,147 for a Citywide Bus Bench Installation project funded through the Public Transportation Modernization, Improvement, and Service Enhancement Account (PTMISEA) PREPARED BY DEPARTMENT EXT. 4382 Stephen Manganiello P Development Services/Engineering EXPLANATION Please see attached. J Environmental Review X N/A MIS Approval Financial Statement Approved By: Finance Director $129,147 administered by Caltrans through the PTMISEA Account No STAFF RECOMMENDATION Adopt the Resoluti BOARD / COMMISSION REC • M • 10 N/A • ATTACHMENTS (Listed Below) 1. Resolution I 2. PTMISEA Allocation Request Resolution No. A-200 (Rev. 7103) Explanation The California Department of Transportation (Caltrans), Division of Mass Transportation, has allocated $129,147 to the City of National City as part of the Public Transportation Modernization, Improvement, and Service Enhancement Account (PTMISEA). The PTMISEA is part of the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006. Bond proceeds are intended for use on transit capital improvement projects that encourage alternative mobility, reduce congestion and protect the environment. A Citywide bus bench project would qualify as a capital service enhancement project. The project will include purchase and installation of new benches for bus stops Citywide. National City has one of the highest transit ridership rates per capita in San Diego County. However, only a small percentage of our bus stops have benches. We often receive calls from residents, many of whom are elderly, requesting bus benches. This project will provide a much needed public service to our residents and guests. This project will provide positive benefits to the environment and public health by encouraging alternative mobility. Caltrans requires City Council approval of the project in order to qualify the project for funding. Upon receipt of written approval of the project by Caltrans, City Engineering will coordinate with City Finance to set up a separate account for the project. Caltrans will distribute funds to the City in advance pending availability of bond proceeds. Staff recommendation is for City Council to approve submittal of a funding allocation request to the State Department of Transportation in the amount of $129,147 for a Citywide Bus Bench Installation project funded through the PTMISEA. RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING SUBMITTAL OF A FUNDING ALLOCATION REQUEST TO THE STATE DEPARTMENT OF TRANSPORTATION IN THE AMOUNT OF $129,147 FOR A CITYWIDE BUS BENCH INSTALLATION PROJECT FUNDED THROUGH THE PUBLIC TRANSPORTATION MODERNIZATION, IMPROVEMENT, AND SERVICE ENHANCEMENT ACCOUNT (PTMISEA) WHEREAS, the California Department of Transportation (Caltrans), Division of Mass Transportation, has allocated $129,147 to the City of National City as part of the Public Transportation Modernization, Improvement, and Service Enhancement Account (PTMISEA); and WHEREAS, the PTMISEA is part of the Highway Safety, Traffic Reduction, Air Quality, and Port Security Bond Act of 2006; and WHEREAS, bond proceeds are intended for use on transit capital improvement projects that encourage alternative mobility, reduce congestion, and protect the environment; and WHEREAS, the City desires to use the funds for a Citywide Bus Bench Installation Project (the "Project"), which includes the purchase and installation of new benches at bus stops citywide; and WHEREAS, in order to qualify the Project for funding, Caltrans requires City Council approval of the submittal of a funding allocation request to the State Department of Transportation in the amount of $129,147 for a Citywide Bus Bench Installation Project funded through the PTMISEA. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the submittal of a funding allocation request to the State Department of Transportation in the amount of $129,147 for a Citywide Bus Bench Installation Project funded through the Public Transportation Modernization, Improvement, and Service Enhancement Account (PTMISEA). PASSED and ADOPTED this 5th day of January, 2010. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION Division of Mass Transportation Public Transportation Modernization, Improvement, and Service Enhancement Account (PTMISEA) ithorizcd Agent Form AS THE OF THE Authorized Agent CITY MANAGER (Chief Executive Officer/ Director/ President/Secretary) CITY OF NATIONAL CITY (Mime of County/City Organization) hereby authorize the following individual(s) to execute for and on behalf of the named Regional Entity/Transit Operator, any actions necessary for the purpose of obtaining Public "transportation Modernization, Improvement, and Service Enhancement Account (PTMISEA) funds provided by the California Department of Transportation, Division of Mass Transportation. This form shall remain valid for one year from date signed. CHRIS ZAPATA, CITY MANAGER OR (Name and Title o(Authorized Agent) OR (Name and Title of Authorized Agent) (Name and Title el Authorized Agent) CHRIS ZAPATA CITY MANAGER (Print (Nome) , (Title) (Sf nature) ,4pproved this 9th day of December , 2009 FY09-10 PTMISEA Fund 1 PTMISEA Allocation Request Rev 6/09 Public Transportation Modernization, Improvement and Service Enhancement Program (PTMISEA) PROJECT DESCRIPTION AND ALLOCATION REQUEST Regional Entity: City of National City Project Lead': City of National City Project Title: Citywide Bus Bench Installations County: San Diego 1 certify the scope, cost, schedule, and benefits as identified in the attached Project Description and Allocation Request (Request) and attachments are true and accurate and demonstrate a fully funded operable project. I understand the Request is subject to any additional restrictions, limitations or conditions that may be enacted by the State Legislature, including the State's budgetary process, which may effect the amount of bond proceeds received by the project sponsor now and in the future. Project sponsors may need to consider alternative funding sources if bond proceeds are not available. In the event the project cannot be completed as originally scoped, scheduled and estimated, or the project is terminated prior to completion, project sponsor shall, at its own expense, ensure that the project is in a safe and operable condition for the public. I understand this project will be monitored by the California Department of Transportation -- Division of Mass Transportation. Name: Chris Zapata Signature_- t Title: City Manager Agency: City of National City Date: 12/9/09 'If this project includes funding from more than one project sponsor, the project sponsor above becomes the "recipient agency" and the additional contributing project sponsor(s) must also sign and state the amount and type of PTMISEA funds (GC Section 8879.55(a)(2) and/or Section 8879.55(a)(3)) contribution. Sign below or attach a separate officially signed letter providing that information. Name: Signature: Title: Agency: Date: Amount: $129, 147 a PTMISEA Allocation Request Rev. 6/09 PTMISEA 2009- 10 PROJECT DESCRIPTION AND ALLOCATION REQUEST Request Amount per GC 8879.55(a)(2)/PUC 99313: 718 8/9 9/10 $ $ Request Amount per GC 8879.55(a)(3)/PUC 99314: $129,147 $ $ Total Project Allocation Request: Project Title: Project Location/Address: $129,147 $0 $0 Citywide Bus Bench Installations Various, within the City of National City Table 1: Project Lead/Recipient Agency Information Project Lead/ Recipient Agency: City of National City Contact: Stephen Manganiello Contact Phone #: 619-336-4382 Email Address: smanganiello@nationalcityca.gov Address: 1243 National City Boulevard Legislative District Numbers Senate: 40 Assembly: 79 Congressional: 51 Fund Type: National City, CA 91950 $129,147 PTMISEA (99314) Amount: Table 2: Contributing PTMISEA-Eligible Project Sponsor Information PTMISEA Contributors: Contact: Contact Phone #: Email Address: Address: Other PTMISEA Contributors ( Attach sheet with contact info) TOTAL Amount : Fund Type: Amount: ('Contributing project sponsors attach signed letters of verification as to amount and eligibility or sign cover page) Fund Type: Table 3: Project Category Check only 1 box that best fits the description of the project being funded. Rehabilitation, Safety or Modernization Improvement ]Bus Rapid Transit Capital Service Enhancement or Expansion Rolling Stock Procurement: Expansion New Capital Project Rehabilitation Replacement x 3 PTMISEA Allocation Request . Rev. 6/09 Table 4: Project Summary a) Describe the project (or minimum operable segment) for which you are applying for funds. Attach additional sheets if necessary. If the application is for the purchase of vehicles or rolling stock, please include information on number of vehicles, size, passenger count, accessibility, and fuel type: The project will include purchase and installation of new benches for bus stops Citywide. National City has one of the highest transit ridership rates per capita in San Diego County. However, only a small percentage of our bus stops have benches. We often receive calls from residents, many of whom are elderly, requesting bus benches. This project will provide a much needed public service to our residents and guests. This project will provide positive benefits to the environment and public health by encouraging alternative mobility. b) Useful Life of the Project: 20 years Table 5: Description of Major Benefits/Outcomes a) Please check appropriate Benefit/Outcome: X Increase Ridership Reduce Operating/Maintenance Cost Reduce Emmissions Increase System Reliability by 10 % by by by b) Please summarize and describe any other benefits: improved public transit service Public health benefits through alternative mobility Table 6: Project Schedule Begin Project Approval & Environmental Document Phase Date 2/1/2010 CEQA/ Environmental Compliance 3/1/2010 End Project Approval & Environmental Document Phase 4/1/2010 Begn Plans, Specifications & Estimates Phase 4/1/2010 End Plans, Specifications & Estimates Phase 6/1/2010 Begin Right of Way Phase n/a End Right of Way Phase n/a Begin Construction Phase (Contract Award) 8/1/2010 End Construction Phase (Contract Acceptance) 11/1/2010 Begin Vehicle/Equipment Order (Contract Award) n/a End Vehicle/Equipment Order (Contract Acceptance) n/a Begin Closeout Phase 11/1/2010 End Closeout Phase 12/1/2010 Table 7: Tax Compliance Information Is it reasonably anticipated that any money will be derived at any point in the future as a result of the project that will be paid to the State? If yes, please describe the source of the money and provide an estimate of the amount: YES NO Estimate: Public Transportation Modernization, Improvement, and Service Enhancement Account Total Project Cost and Funding Plan Proposed Total Project Cost j Project Component Prior 07/08 08/09 09/10 10/11 11/12 12/13 Total PA&ED 0 0 0 0 0 0 0 0 PS&E 0 0 0 0 0 0 0 0 R/W 0 0 0 0 0 0 0 0 CON 0 129,147 0 0 0 0 0 129,147 Vehicle/Equip PurcM 0 0 0 0 0 0 0 0 Other 0 0 0 0 0 0 0 0 TOTAL 0 129,147 0 0 0 0 0 129,147 Public Transportation Modernization, Improvement, and Service Enhancement Account (PTMISEA) Component Prior 07/08 08/09 09/10 10/11 11/12 12/13 Total PA&ED 0 PS&E 0 R/W 0 CON 129,147 129,147 Veh/Equip Purchase 0 Other 0 TOTAL 0 129,147 0 0 0 0 0 129,147 Funding Source: PTMISEA INTEREST Component Prior 07/08 08/09 09/10 10/11 11/12 12/13 Total PA&ED 0 0 0 0 0 0 PS&E R/W CON Veh/Equip Purchase Other TOTAL 0 0 0 0 0 0 0 0 Funding Source: Component Prior 07/08 08/09 09/10 10/11 11/12 12/13 Total PA&ED 0 PS&E 0 R/W 0 CON 0 Veh/Equip Purchase 0 Other 0 TOTAL 0 0 0 0 0 0 0 0 Funding Source: Component Prior 07/08 08/09 09/10 10/11 11/12 12/13 Total PA&ED 0 PS&E 0 R/W 0, CON 0 Veh/Equip Purchase 0 Other 0 TOTAL 0 0 0 0 0 0 0 0 Funding Source: Component Prior 07/08 08/09 09/10 10/11 11/12 12/13 Total PA&ED 0 PS&E 0 R/W 0 CON 0 Veh/Equip Purchase 0 Other 0 TOTAL 0 0 0 0 0 0 0 0 Funding Source: S City of National City, California COUNCIL AGENDA STATEMENT EETING DATE January 5, 2010 AGENDA ITEM NO. 6 ITEM TITLE Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation of a blue curb handicap parking space with sign in front of the residence at 2205 E. 12th Street (TSC Item No. 2009-22) PREPARED BY DEPARTMENT EXT. 4382 Stephen Manganiello4744 Development Services/Engineering EXPLANATION Please see attached. Environmental Review X N/A MIS Approval Financial Statement N/A STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMI SION RE OMM D ION Approved By: t Finance Director Account No At their meeting on December 9, 2009 the Traffic Safety Committee approved installation of a blue curb handicap parking space with sign in front of the residence at 2205 E. 12th Street. l A-200 (Rev. 7/03) ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Staff Report to the Traffic Safety Committee (December 9, 2009) Explanation Ms. Christine Grey, resident of 2205 E. 12th Street, requested the installation of a blue curb handicap parking space in front of her home. Ms. Grey has a valid Disabled Person Placard from the State of California Department of Motor Vehicles due to her back and hip condition. Ms. Grey stated that she has great difficulty exiting her vehicle when she parks in her driveway due to the slope and narrow width. Staff visited the site to confirm existing conditions. Currently, there are no blue curb handicap parking spaces provided on the street. Traffic Safety Committee members met with Ms. Grey at her home to get a better understanding of some of the difficulties she is having exiting her vehicle and accessing her front door when she parks in her driveway. The Committee unanimously agreed that the on - site parking is "not useable" given her physical condition and the existing access restrictions previously discussed. The City Council has adopted a policy, which is used to evaluate requests for handicap parking spaces. The City Council Policy requirements for "Special Hardship" cases are as follows: 1. Applicant (or guardian) must be in possession of valid license plates for "disabled persons" or "disabled veterans". This condition is met. 2. The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence. This condition is met. 3. The residence must not have useable off-street parking available or an off-street space available that maybe converted into disabled parking. This condition is met. All work will be completed by the City Public Works Department. TSC 2009-22 RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO APPROVE INSTALLATION OF A BLUE CURB HANDICAP PARKING SPACE WITH SIGN IN FRONT OF THE RESIDENCE AT 2205 EAST 12TH STREET WHEREAS, Ms. Christine Grey, resident of 2205 East 12th Street, has a valid Disabled Person Placard from the State of California Department of Motor Vehicles and has requested a blue curb handicap parking space in front of her home; and WHEREAS, after inspection of the site, it was determined that the request met the requirements of the City Council policy for "Special Hardship" cases and is eligible for a blue curb handicap parking space; and WHEREAS, at its meeting on December 9, 2009, the Traffic Safety Committee approved the installation of a blue curb handicap parking space with sign in front of the residence at 2205 East 12th Street. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City Engineer is authorized to approve the installation of a blue curb handicap parking space with sign in front of the residence at 2205 East 12th Street. PASSED and ADOPTED this 5th day of January, 2010. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 1 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR DECEMBER 9, 2009 "OLD BUSINESS" ITEM NO. 2009-22 ITEM TITLE: REQUEST FOR INSTALLATION OF A BLUE CURB HANDICAP PARKING SPACE AT 2205 E. 12t`' STREET (BY C. GREY) PREPARED BY: Stephen Manganiello, Engineering Department DISCUSSION: Ms. Christine Grey, resident of 2205 E. 12th Street, has requested the installation of a blue curb handicap parking space in front of her home. Ms. Grey has a valid Disabled Person Placard from the State of California Department of Motor Vehicles due to her back and hip condition. Ms. Grey stated that she has great difficulty exiting her vehicle when she parks in her driveway due to the slope and narrow width. It is also difficult for her to park in her garage since it is very narrow. The door is manual which requires her to park at the bottom of the driveway, exit her vehicle on an unlevel surface, walk up the driveway, open the door, and then walk back to her car to pull in. Staff visited the site and observed that there is a driveway and garage available to park a vehicle. Staff defers to the Traffic Safety Committee as to whether or not the parking is "useable" given Ms. Grey's back and hip condition and the layout of the driveway and garage. Currently, there are no blue curb handicap parking spaces provided on the street. The City Council has adopted a policy, which is used to evaluate requests for handicap parking spaces. The City Council Policy requirements for "Special Hardship" cases are as follows: 1. Applicant (or guardian) must be in possession of valid license plates for "disabled persons" or "disabled veterans". This condition is met. 2. The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence. This condition is met. 3. The residence must not have useable off-street parking available or an off-street space available that maybe converted into disabled parking. Staff defers to the Committee as to whether or not this condition is satisfied. STAFF RECOMMENDATION: Staff defers to the Traffic Safety Committee as to whether or not all three conditions of the City Council's Disabled Persons Parking Policy are met for this "Special Hardship" case for installation of a blue curb handicap parking space with sign in front of the residence at 2205 E. 12th Street. 1 EXHIBITS: 1. Correspondence 2. Location Map 3_ Photos 4. Disabled Persons Parking Policy 2009-22 (2) 2 AMERICA'S FIRST CHOICE IN SHRINK WRAP CONTAINMENT& PROTECTION ECTION FACSIMILE Pee: 1/ -4-CQ # OF PAGES To: ;cCONTAINMENT I FROM: HiPpL'�'It�P INC. CO: �c CO: CHRIS GREY RE:IckApit,co_ !PHONE: (858) 541-2960 EXT. 20 -7 FAX: (858) 541-1580 FAX: ' r+9 -a-Zia- 9 Jqtrlo-biip• rtL.4i f1 l .( lii YPi_ /a4419: A / 111 _ n T. . -rn 3F- v CONFIDENTIALITY NOTICE: This message is intended For the use ofthe individual or entity to which it i5 addressed, and may contain information that is privileged or confidential. if the receiver of this message is not the intended recipient, employee oragentrespor:sible for delivering ofthe message to the Int4rnded recipient you are here by notified that anyd:sse.,.ination, distribution, or copying of this communication is strictly prohibited. if you have received this communication, in error, please notify us immediately ✓y telephone or Fax and shred/destroy the original message. Thank you. Hippwrap Conrainment SyRterems • 4070 Kearny Mesa Rd. • San Diego,CA 92111 • Ph: (858) 541-2960 •Fax; (858) 5414580 3 Zc .. g195?`? 6 q- / 663 Iiiiidat -.- •\ , w vocri-ne 4 I '44- :1741' _ __I•ei Atrt- Xjjt) C..0-A13 A-- ottAk :. AD, 11 --kewo _AO - J at £4 ` ,;:i -wouat4 ti I � AN siawkilit- 40-t ATP 115 pictic-e., .170,04k actAi.„6_ A I C i ! i 4: -4 " - 2 ,s-` -.4' - diX);%.- d 11 1 h „ , 'Al a t�� f� r I ,F is ' iII TA--Iiz, A.169 II:Ms-64 ,1 Gam,-.�e.ctm�! A ! ., i . v i i - a h, lvatIck 11-4--09i f vl C f _A o 'a - ayt,otaiNd V W f _ail q,cetiL ioxn ' n .gym. , j „v--cam PA VGA CL.nk , 4,8( 9.430v3 ! I -toma4lowee n _cifizi-umel i v ! }, --iet-ep ' _. j _�!? ci�' C. \O 0,51- ' A 4,0.-411Rsp„trtAT\,moiv,etr4 .,, . -' 1 ,_/424,ftu �f f , f l ,1 :zi- C, JJ oRh ram% 6`n J _ 4- �1'y-tawr c� 4 ry, 71 Ili it J{ �L. DEPAR T .MOTOlt, VEISICLES TPtirkt t • . AtiON 17.R.oilii F 4tieelf1 'ItitYll%E0EIPT' i This identification card or wnei fecal ' ite betry is to be carried by the placahretr. Present It any r.t.ntt peace officer upon demand. I ,- • ditely notify Dfds,'by Mail of any Change of address. When parking, hang the olacait from Om rear view mirror, rernove it frOrri lite 'rrtirror when driving. 11140*RD 14VIVIBEffi-0933,99H EXPIRES: 06/30/2011 TYPE: N1 TV: 92 DCS: 03/17/1950 • 1-Ek&LIIED TO CIkEY DM STI-SE &ARET 2205 E L2TH ST NATIONAL CITY CA 91950 DATE ISSUED: 0242a/2009 Mien your pleporit -Is pp:test:1, *payed, you IneVevalc In or on • Disabled,,perrion parking:spaces (blue Zones) ' Metered' zones,Withoui. paying. . Green zones Withibutsreserictions to title lithits. ^ Streets3wheris,preferarkt*.1 parking priyiteges are given to ...ge.wslOrits ar4d. rnerctqn*.:, You may, not perk liViorert: A. -;-•-,•.,-,, • . ••••••• , ,•••• ..Whiteer.Tqw Away Zqrve.- C$tc.Wked species next to disabled person iT ':,*; .:::.:.:•*::.;.- f :::c. i4t4040O0Oikterrattil$408e, to: L. .14. ,t4k ef- ,r*turftestiithii ritisob*kowner Es bei-ng \ .,.;1:, Purtittase, of fuel • ,•• • • .,,.., (ausistese:•& Parattes tertet:449431$50-, .„ " State taw requires aervice stations to itfuel a disabled person's vehlole, et s seryif:ja rates; except self-service 'facilities Ai1th ority. cashier, and whichlras,been:eant ailed or revoked. 4 r acard to anyone, including family members. 'Wters a misdemeanor (section 4451VC) and can • Su' in cancellation or revocation of the placard, loss of parking privileges, and/or fines. 009 OPPtioo PeOftril EfWOVEFROM-NHRROR-€lE-FORK E3R-IV1#GVEHIGEE- 'ItilAFININGt The illegal use of a disabledbarkin® pieeard dotitdresuftin amazimumiine bf $3.500." PURCHASE OF FUEL (Business & Professions Code assoc., State Iay.,requires service stations to refuel a disabled person s vehic.e at self-service rates, except at service faciti'ies only one erµployee on duty. 8 •M i.TO 10/08/2009 TO 10/08/2010 69 P CTCT R R 1 N H O L R VEHICLE NENIPiCARON NIAAAP LPXE 3C8FY688I3T5.16417 CHRY R V rrc� uo[A.� `% ;S ',Ma I V =: S: "' CASE 'YR Tr. Sb 00/00/2002 LET 12003 DATE 139Ri1 - TYPE YEA yP AXT WC UMIPDEWEWPW, - TOTAL FEES PA® 10/04/2009 12S I GI I I I $163 3700 0 GREY CHRISTINE J 22O5 .E 12TF4 ST NATIONAL CITY CA 919 0-3827 R0056 L0071 RIO100120095.000 CACIFORMA ! ARI1 ITO !lankv90aES VALIDATED REGISTRATION CARD READ REVERSE SIDE - V1PORJAN1-lNSTRUCTIONS Y3504487 Location Map 2205 E. 12'h Street (looking north) 2205 E. 12'h Street (looking north) 11 DISABLED PERSONS PARKING POLICY The purpose of a disabled persons parking zone is to provide designated parking spaces at major points of assembly for the exclusive use of physically disabled persons whose vehicle displays a distinguishing license plate as authorized by the California Department of Motor Vehicles_ The City Council may upon recommendation of the City Engineer, designate specially marked and posted on -street parking spaces for disabled persons pursuant to California Vehicle Code 21101, et seq. at the following facilities: Government buildings serving the public such as administration buildings, public employment offices, public libraries, police stations, etc. Hospitals and convalescent homes with more than 75-bed capacity. Medical facilities and doctors' offices staffed by a maximum of five practitioners Zones shall be located to serve a maximum number of facilities on one block. Community service facilities such as senior citizens service centers, etc. Accredited vocational training and educational facilities where no off- street parking is provided for disabled persons. Employment offices for major enterprises employing more than 200 persons. Public recreational facilities including municipal swimming pools, recreation halls, museums, etc. Public theaters, auditoriums, meeting halls, arenas, stadiums with more than 300 seating capacity. Other places of assembly such as schools and churches 10. Commercial and/or office building(s) with an aggregate of more than 50,000 square feet of usable floor space. Zone shall be located to serve a maximum number of facilities on one block. 11. Hotels catering to daily guests, maintaining a ground floor lobby and a switchboard that is operated 24 hours per day. 12 12. A hotel or apartment house catering to weekly or monthly guests and containing more than 30 separate living units. In addition, disabled persons parking spaces may be provided within all publicly owned, leased or controlled off-street parking facilities as specified in the General Requirements_ General Requirements Each disabled persons parking space shall be indicated by blue paint and a sign (white on blue) showing the international symbol of accessibility (a profile view of a wheelchair with occupant). Where installed under the above criteria the total number of disabled persons curb parking spaces will be limited to 3% of the total number of on -street parking spaces available in the area and shall be distributed uniformly within the area. Disabled persons parking will not be installed at locations with a full-time parking prohibition. When a disabled persons parking zone is installed where a part-time parking prohibition is in effect, the disabled persons parking zone will have the same time restrictions as the part-time parking prohibition The cost of installing disabled persons parking will be assumed by the City on public streets and public off-street parking facilities. In establishing on -street parking facilities for the disabled there shall be a reasonable determination made that the need is of an on -going nature. The intent is to prevent the proliferation of special parking stalls that may be installed for a short-term purpose but later are seldom used. Unjustified installation of such parking stalls unnecessarily increases the City's maintenance and operations costs, reduce available on - street parking for the general public, and detract from the overall effectiveness of the disabled persons parking program. Special Hardship Cases It is not the intention of the City to provide personal reserved parking on the public right-jof-way, especially in residential areas. However, exceptions may be made, in special hardship cases, provided all of the following conditions exists: (1) Applicant (or guardian) must be in possession of valid license plates for "disabled persons" or "disabled veterans " (2) The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence. 13 (3) Subject residence must not have useable off-street parking available or off-street space available that may be converted into disabled parking. NOTE:It must. be emphasized that such parking spaces do not constitute "personal reserved parking" and that any person with valid "disabled persons" license plates may park in the above stalls. Jha:p 14 City of National City, California COUNCIL AGENDA STATEMENT IEETING DATE January 5, 2010 AGENDA ITEM NO. 7 ITEM TITLE Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation of a blue curb handicap parking space with sign in front of the residence at 319 E. 7th Street (TSC Item No. 2009-26) PREPARED BY DEPARTMENT EXT. 4382 Stephen Manganiello it744 Development Services/Engineering EXPLANATION Please see attached. Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Resol ion. BOARD / COMMIS ON RECOMMED N At their meeting on December 9, 2009 the Traffic Safety Committee approv d the staff recommendation to install a blue curb handicap parking space with sign in front of the residence at 319 E. 7th Street. ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Staff Report to the Traffic Safety Committee (December 9, 2009) A-200 (Rev. 7/03) Explanation Mrs. Bernadette Ragan, resident of 319 E. 7`h Street, has requested the installation of a blue curb handicap parking space in front of her home. Mrs. Ragan has had two hip replacements and has difficulty walking. Mrs. Ragan has a valid Disabled Person Placard from the State of California Department of Motor Vehicles. Staff visited the site and observed that there is no parking available on the property. Currently, there are no blue curb handicap parking spaces provided nearby. The City Council has adopted a policy, which is used to evaluate requests for handicap parking spaces. The City Council Policy requirements for "Special Hardship" cases are as follows: 1. Applicant (or guardian) must be in possession of valid license plates for "disabled persons" or "disabled veterans". This condition is met. 2. The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence. This condition is met. 3. The residence must not have useable off-street parking available or an off-street space available that maybe converted into disabled parking. This condition is met. At their meeting on December 9, 2009 the Traffic Safety Committee approved the staff recommendation to install a blue curb handicap parking space with sign in front of the residence at 319 E. 7`h Street. All work will be completed by the City Public Works Department. TSC 2009-26 RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO APPROVE INSTALLATION OF A BLUE CURB HANDICAP PARKING SPACE WITH SIGN IN FRONT OF THE RESIDENCE AT 319 EAST 7TH STREET WHEREAS, Mrs. Bernadette Ragan, resident of 319 East 7th Street, has a valid Disabled Person Placard from the State of California Department of Motor Vehicles and has requested a blue curb handicap parking space in front of her home; and WHEREAS, after inspection of the site, it was determined that the request met the requirements of the City Council policy for "Special Hardship" cases and is eligible for a blue curb handicap parking space; and WHEREAS, at its meeting on December 9, 2009, the Traffic Safety Committee approved the installation of a blue curb handicap parking space with sign in front of the residence at 319 East 7th Street. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City Engineer is authorized to approve the installation of a blue curb handicap parking space with sign in front of the residence at 319 East 7th Street. PASSED and ADOPTED this 5th day of January, 2010. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 1 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR DECEMBER 9, 2009 ITEM NO. 2009-26 ITEM TITLE: REQUEST FOR INSTALLATION OF A BLUE CURB HANDICAP PARKING SPACE IN FRONT OF 319 E. 7TH STREET (BY B. RAGANI PREPARED BY: Stephen Manganiello, Engineering Department DISCUSSION: Mrs. Bernadette Ragan, resident of 319 E. 711 Street, has requested the installation of a blue curb handicap parking space in front of her home. Mrs. Ragan has had two hip replacements and has difficulty walking. Mrs. Ragan has a valid Disabled Person Placard from the State of California Department of Motor Vehicles. Staff visited the site and observed that there is no parking available on the property. Currently, there are no blue curb handicap parking spaces provided nearby. The City Council has adopted a policy, which is used to evaluate requests for handicap parking spaces. The City Council Policy requirements for "Special Hardship" cases are as follows: 1. Applicant (or guardian) must be in possession of valid license plates for "disabled persons" or "disabled veterans". This condition is met. 2. The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence. This condition is met. The residence must not have useable off-street parking available or an off-street space available that maybe converted into disabled parking. This condition is met. STAFF RECOMMENDATION: Since all three conditions of the City Council's Disabled Persons Parking Policy are met for this "Special Hardship" case, staff recommends installation of a blue curb handicap parking space with sign in front of the residence at 319 E. 7"' Street. EXHIBITS: 1. Correspondence 2. Location Map 3. Photos 2009-26 1 TO: Steve M. City of National City City Engineer 619 3 3 6-43 82 Office 619 336-4397 Fax FROM: Lydia T. Martinez Resident of National City 858 467-3043 Office Re: Handicap parking -Need Blue Curb Painted in front of parents home. P1z see attached letter dated, April 2006 (2nd submittal) joy 1. // 2 ruv v. uu vv.v Y,.J . :I �.L -20d eQ. es¢" City OF National City 1243 National City Blvd National City, CA 91950 Attn: Traffic Safety Committee To Whom It May Concern: April 5, 2006 The purpose of this letter is to request the Committee approve the curb in front of my house be painted blue as I am handicapped due to two hip replacements and as such, it is very difficult for me to walk long distances. My home is located at 319 East 7th Street, National City, CA 91950 (between C and D street) I do not have a garage or off street parking, therefore request a'ha_ndicap curb' be place in front of my house. I live across the street from several apartment complexes which I believe does not meet with City code as the amount of actual apartments do not equate to the amount of parking stalls available to the residence forcing them to park in the street and in front of my house, thus forcing me to park around the corner or down the street. My daughter has reported this issue to Mr. Sal Gil of National City's Code Enforcement Unit for investigation. Additionally, on Saturdays and Sunday's parking for me is even more of a challenge as I have to also compete with Saint Mary's Church parishioners for parking in front of my own home. I am hopeful that we can expedite this process as quickly as possible as well as a prompt response to my letter. Best Regards, iima‘-1,. Ragan Enclosure (1) cc: Mayor Inzunza, City of National City Ron Morrison, City Council Member 3 L'OL V r VJ 1Jw',L.r` A Pllc Sandra Agency DISABLED PERSON OR DISABLED VETERAN LICENSE PLATE CERTIFICATION CARD This form must be completed in full and presented to any law enforcement officer or parking authority upon demand per California Vehicle Cade §5007(0). Please Print or type: DISABLED PERSON'S DR- MARLED VETERAN'S NAME bERIVADEI i t i446; r1 LICENSE FIRTE NUMBER RAMOS DOCTOR WHO CERTNFIED THE DISAE rrY 1)l9 . f.l L L /»M Ti-!IC PN DOLT S TA ETAD £SS jo L Tr pE 2r Aoveivre ©go fa, kg g off • CRY, STATE AND ZIP CODE J' uOCTow TELEPHONE NUNFB !?ob) a-' o5000 ! cerihy under penal y of perjury under the laws of the State of California that all the information ! have provided ls true and corm makeup PEesoN S OR DISABLED VETERANS SIGNATURE WARNING: Upon tine owner's death, disabled person and disabled veteran plates must be surrendered to CAW within 60 days or by the registration expiration date, whichever occurs first per California Vehicle code §5047(e). KEEP THIS FORM WITH VEHICLE e.EG 33,,nevi array Ma OSP 05 30227 PARKING PRIVILEGES You MAY park in: • Designated 'disabled" parking spaces. • Metered zones without payment. • Green zones without restrictions to time limits_ • Streets where preferential parking privileges are given to residents and merchants. You MAYNOT park in: • Red zones. • Tcw away zones. • White or Yellow (loading) zones. • _Crosshatch marked spaces next to designated "disabled" parking spaces. NOTE: Private parking facilities may have their own rules. Please follow rules posted at private facilities. ILLEGAL PARKING Violations are a misdemeanor and are subject to fines up to $3,500 andfor imprisonment up to 6 months in the county iaii per California Vehicle Code §4461(d). FUEL PURCHASE (Business & Professions Code 613660) State law requires service stations to refuel a disabied persons vehicle at self-service pumps, at self-service rates, except self-service facilities with only one ernpicyeB. ».. 4 Location Map 319 E. 7` Street (looking north) 6 City of National City, California COUNCIL AGENDA STATEMENT EETING DATE January 5, 2010 AGENDA ITEM NO. 8 /ITEM TITLE Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation of "KEEP CLEAR" striping with "Do Not Block Intersection" sign at the commercial shopping center driveway located on the east side of Grove Street between E. Plaza Boulevard and E. 14th Street to improve ingress/egress (TSC Item No. 2009-27) PREPARED BY DEPARTMENT EXT. 4382 Stephen Manganiello Development Services/Engineering EXPLANATION Please see attached. Environmental Review X N/A MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolutiot / N. BOARD / COMMISSION RE ION At their meeting on December 9, 2009 the Traffic Safety Committee approved the staff recommendation to install "KEEP CLEAR" striping with "Do Not Block Intersection" sign at the commercial shopping center driveway located on the east side of Grove Street between E. Plaza Boulevard and E. 14th Street to improve ingress/egress. ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Staff Report to the Traffic Safety Committee (December 9, 2009) A-200 (Rev. 7/03) Explanation City Engineering responded to a resident's request to evaluate the potential of installing "KEEP CLEAR" striping at the commercial shopping center driveway located on the east side of Grove Street between E. Plaza Boulevard and E. 14th Street to improve ingress/egress. Staff visited the site and agrees that the "KEEP CLEAR" striping is warranted for the driveway as vehicles stopped at the traffic signal at E. Plaza Boulevard often block the driveway during peak periods (see attached photo in the Staff Report to the Traffic Safety Committee). All work will be completed by the City Public Works Department. TSC 2009-27 RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO APPROVE THE INSTALLATION OF "KEEP CLEAR" STRIPING WITH "DO NOT BLOCK INTERSECTION" SIGN AT THE COMMERCIAL SHOPPING CENTER DRIVEWAY LOCATED ON THE EAST SIDE OF GROVE STREET BETWEEN EAST PLAZA BOULEVARD AND EAST 14TH STREET, TO IMPROVE INGRESS AND EGRESS WHEREAS, the Engineering Department responded to a resident's request to evaluate the potential of installing "Keep Clear" striping at the commercial shopping center driveway located on the east side of Grove Street between East Plaza Boulevard and East 14th Street to improve ingress and egress; and WHEREAS, staff agrees that the "Keep Clear" striping is warranted for the driveway as vehicles stopped at the traffic signal at East Plaza Boulevard often block the driveway during peak periods, and recommends installation of "Keep Clear" striping at the commercial shopping center driveway; and WHEREAS, at its regular meeting on December 9, 2009, the Traffic Safety Committee approved Staff's recommendations NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Engineer to approve the installation of "Keep Clear" striping at the commercial shopping center driveway located on the east side of Grove Street between East Plaza Boulevard and East 14th Street to improve ingress and egress. PASSED and ADOPTED this 5th day of January, 2010. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 2 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR DECEMBER 9, 2009 ITEM NO. 2009-27 ITEM TITLE: REQUEST FOR "KEEP CLEAR" STRIPING AT THE COMMERCIAL SHOPPING CENTER DRIVEWAY LOCATED ON THE EAST SIDE OF GROVE STREET BETWEEN E. PLAZA BOULEVARD AND E. 14TH STREET TO IMRPOVE INGRESS/EGRESS (BY RESIDENT OF NATIONAL CITY) PREPARED BY: Stephen Manganiello, Engineering Department DISCUSSION: City Engineering was asked to evaluate the potential of installing "KEEP CLEAR" striping at the commercial shopping center driveway located on the east side of Grove Street between E. Plaza Boulevard and E. 14'h Street to improve ingress/egress. Staff visited the site and agrees that the "KEEP CLEAR" striping is warranted for the driveway as vehicles stopped at the traffic signal at E. Plaza Boulevard often block the driveway during peak periods (see attached photo). STAFF RECOMMENDATION: Staff recommends installation of "KEEP CLEAR" striping with "Do Not Block Intersection" sign at the commercial shopping center driveway located on the east side of Grove Street between E. Plaza Boulevard and E. 14`h Street to improve ingress/egress. EXHIBITS: 1. Location Map 2. Photos 2009-27 1 Location Map 2 Grove St. between E. Plaza Blvd. and E. 14'" St. (looking north) 3 City of National City, California COUNCIL AGENDA STATEMENT 9 IEETING DATE January 5, 2010 AGENDA ITEM NO. ITEM TITLE Resolution Approving a Planned Development Permit, Tentative Subdivision Map and Negative Declaration for a 72-unit Condominium Complex Located at the Southeast Corner of East Plaza Blvd. and Palm Avenue. (Applicant: Palm Plaza Associates LLC) (Case File 2008-46 S, PD, IS) PREPARED BY Martin'Reeder, 336-4313 DEPARTMENT Development Services/Planning EXPLANATION The City Council voted to approve this item at the December 15, 2009 public hearing. The attached resolution is needed to follow through on the action. Environmental Review x N/A Negative Declaration (2008-46 IS) Approved By: Finance Director Financial Statement N/A Account No. STAFF RECO MENDATION Adopt t ched resol • B AR SSION ATTACHMENTS ( Listed Below) Resolution No. L1. Resolution A-200 (9/99) RESOLUTION NO. 2009 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A PLANNED DEVELOPMENT PERMIT, TENTATIVE SUBDIVISION MAP AND NEGATIVE DECLARATION FOR A 72-UNIT CONDOMINIUM COMPLEX LOCATED AT THE SOUTHEAST CORNER OF EAST. PLAZA BOULEVARD AND PALM AVENUE APPLICANT: PALM PLAZA ASSOCIATES LLC. CASE FILE NO. 2008-46 S, PD, IS WHEREAS, application was made for approval of a Planned Development Permit, Tentative Subdivision Map, and Negative Declaration for a 72-unit Condominium Complex Located at the southeast corner of East Plaza Boulevard and Palm Avenue, on property known as APN Nos. 557-410-20 & 26 and generally described as: Parcel 3 of Parcel Map No. 13257, in the City of National City, In the County of San Diego, State of .California, Filed in the Office of the County Recorder of San Diego County, May 8, 1984 as File No. 84- 170925 of Official Records. WHEREAS, the Planning Commission of the City of National City considered said application at a duly advertised public hearing held on October 5, 2009, and by resolution recommended conditional approval of the application; and WHEREAS, the City Council considered said application at duly advertised public hearings held on November 3, 2009, November 11, 2009, and December 15, 2009, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the. City Council considered the staff report prepared for Case File No. 2008-46 S, PD, IS, which is maintained by the City, and incorporated herein by reference; along with evidence and testimony at said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves a Planned Development Permit, Tentative Subdivision Map, and Negative Declaration for a 72-unit Condominium Complex on an approximately 2.2-acre site, based on the following findings: FINDINGS FOR APPROVAL OF NEGATIVE DECLARATION That the Negative Declaration (2008-46 IS) has been read and considered together with any comments received during the public review process; and 2. That based on the whole record including the Initial Study, there is no substantial evidence that the project will have a significant effect on the environment, and that the Negative Declaration reflects the City's independent judgment and analysis. Resolution No. 2009 — January 5, 2010 Page 2 FINDINGS FOR APPROVAL OF THE TENTATIVE SUBDIVISION MAP 1. The proposed subdivision will not have a significant effect on the environment, since the site is located within a fully urbanized area, and design elements incorporated into the project will minimize any potential impacts. 2. The proposed map is consistent with the National City General Plan and Housing Element, since the proposed multi -family residential development, at a density of 32.6 units per acre, is less than the 34.8 units per acre allowed in the General Commercial (CG) Zone, and the proposed infill development increases the available housing units in the City. 3. The site is physically suitable for the proposed type of development, since the proposed multi -family residential development will add to the urban character of the area, there are no unusual geologic hazards on -site, and a recent amendment to the applicable Flood Insurance Rate Map (FIRM) for the area has determined that the project site is not within a floodway zone. 4. The site is physically suitable for the proposed density of development since the four-story development will have more than the required open space, adequate site access, and amenities, and the design is consistent with the City's Design Guidelines. 5. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat since there is no natural habitat nor bodies of water on the site, and the site is surrounded by urban development. 6. The design of the subdivision and the proposed/required improvements would not result in impacts to public services since all necessary public services are available and will be provided. 7. The design of the subdivision and the proposed/required improvements will not conflict with easements acquired by the public at large for access through or use of the property within the proposed subdivision since no such easements are located on the site. 8. The discharge of sewerage waste from the subdivision into'the city sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6 since the design and implementation will be consistent with Best Management Practices and City standards. 9. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources. 10. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision based on consideration of local climate, topography, property configuration, and other design and improvement requirements without requiring reduction in allowable density or lot coverage. Resolution No. 2009 — January 5, 2010 Page 3 FINDINGS FOR APPROVAL OF THE PLANNED DEVELOPMENT PERMIT 1. That the site for the proposed use is adequate in size and shape since the 2.2-acre site can accommodate the development of three 24-unit, four-story condominium buildings with adequate access, parking, common areas, and private open space for each unit. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use since Plaza Boulevard (an arterial street) has sufficient capacity to adequately handle the approximately 432 average daily trips (ADT) generated by the project without a significant decrease in their operating levels of service, and since traffic controls limiting left turns onto Plaza Boulevard will improve circulation at the Plaza Boulevard and Palm Avenue intersection. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties since the site is surrounded by corridor commercial uses (gas station, hotel, check cashing, and, restaurant) and other multi -family residential uses to the south, therefore, the project would not divide an established community. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare since the project will provide new housing stock, ownership, and rental opportunities, and promote the development and use of a currently underutilized property. FINDINGS FOR APPROVAL OF THE EXCEPTION FORA LESS THAN REQUIRED SIDE YARD SETBACK 1. The exception will not be detrimental to the public health, safety, and welfare, or be detrimental to the use of other properties in the vicinity since the affected setback is adjacent to a gas station whose operations area is more than 80 feet away from the subject property line. 2. Granting of the exception is in accordance with the intent and purposes of Title 17, and is consistent with the General Plan and with all specific plans or other plans of the City since the General Plan encourages the creation of home ownershipopportunities, and the reduced setback is consistent with single -story construction standards. FINDINGS FOR APPROVAL OF THE EXCEPTION FOR LESS THAN REQUIRED PARKING 1. The exception will not be detrimental to the public health, safety, and welfare, or be detrimental to the use of other properties in the vicinity since an apartment complex of the same number of units would need less parking, and since the reduction is minor (less than 7% of the required amount of parking). 2. Granting of the exception is in accordance with the intent and purposes of Title 17, and is consistent with the General Plan and with all specific plans or other plans of the City since the General Plan encourages the creation of home ownership opportunities, which the Resolution No. 2009 — January 5, 2010 Page 4 requested exception facilitates, and since the reduction is minor (less than 7% of the required amount of parking). BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, said Planned Development Permit, Tentative Subdivision Map, and Negative Declaration for a 72-unit Condominium Complex Located at the Southeast Corner of East Plaza Blvd. and Palm Avenue is hereby approved subject to the following conditions: General 1. This Conditional Use Permit authorizes a 72-unit condominium development on the property located southeast of the Thrifty gas station located at 1606 East Plaza Boulevard, as shown on the attached plans (Exhibit A -Revised, B-Revised and C, Case File No. 2008- 46 S, PD, IS, dated September 4, 2009). 2. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees to the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the City of National City Planning Division. 3. This permit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 4. This permit shall expire if the use authorized by this Resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 5. Before this Planned Development Permit and Tentative Subdivision Map shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form provided by the Planning Division acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to retum the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Planned Development Permit and Tentative Subdivision Map. The applicant shall also submit evidence to the satisfaction of the Development Services Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Planned Development Permit and Tentative Subdivision Map are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Development Services Director prior to recordation. Building 6. All plans shall comply with the 2007 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. Resolution No. 2009 — January 5, 2010 Page 5 7. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. Engineering 8. A hydrology study (100 year flood) is required for the new project. The study should consider the proposed project area to the closest municipal storm drain collection point. The study should consider the adequacy of the existing storm drain system to convey any additional run-off. All Hydrology study findings and recommendations are part of the City of National City Engineering Division requirements. 9. The Priority Project Applicability checklist for the National Pollutant Discharge Elimination System (NPDES) is required to be completed and submitted to the City of National City Engineering Division. The checklist will be required when a project site is submitted for review by the City Departments. The checklist is available from the Engineering Division. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP) approved Standard Urban Storm Water Mitigation Plan (SUSMP), documentation will be required prior to issuance of an applicable. engineering permit. 10. A Standard Urban Stormwater Management Plan (SUSMP) prepared by a Registered Civil Engineer with appropriate fee shall be submitted for review and approval by the City Engineer prior to issuance of a grading permit. 11. The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations, which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. 12. All surface run-off shall be treated with an approved Standard Urban Runoff Mitigation Plan (SUSMP) Best Management Practice (BMP) for all Priority SUSMP projects. No runoff will be permitted to flow over the sidewalk. Adjacent properties shall be protected from surface run-off resulting from this development. 13. A grading and drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall be signed and recorded. A checklist for preparation of the grading plan/drainage plan is available from the Engineering Division. Resolution No. 2009 — January 5, 2010 Page 6 14. A National Pollutant Discharge Elimination System (NPDES) permit is required for discharges of storm water run-off associated with construction greater than 1 acre activity where clearing, grading, and excavation results in a land disturbance. A construction storm water permit shall be obtained from the Regional Water Quality Control Board. A copy of shall be given to the City of National City Engineering Division prior to any work beginning on the project. 15. A Notice of Intent (NOI) shall be filed with the Regional Water Quality Control Board (RWQCB). 16. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the city right-of-way shall be 6 inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 17. A soils engineering report shall be submitted for review by the Engineering Division, after Planning Commission approval. The report shall address the stability of all of the existing and proposed slopes on the property. It shall also address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure, and the required pavement structural sections for the proposed streets, the parking areas, and the driveways. At a minimum, the parking lot pavement sections shall be 2 inch A.C. over 4 inch Class II aggregate base. The street pavement sections shall be in accordance with National City Modified Standard Drawing G-34. All soils report findings and recommendations shall be part of the Engineering Division requirements. 18. An existing 20 foot wide drainage easement reserved to the City of National City exists on the property, and no building encroachment will be allowed within the easement. The easement shall be shown on the plans. 19. The deteriorated portions of the existing street improvements along the property frontages shall be removed and replaced (on Palm Avenue and Plaza Boulevard). 20. A permit shall be obtained from the Engineering Division for all improvement work within the public right-of-way, and any grading construction on private property. 21. Street improvements shall be in accordance with the City Standards. Abandoned driveway aprons shall be replaced with curb, gutter, and sidewalks. 22. A title report shall be submitted to the Engineering Division for review of all existing easements and the ownership at the property. 23. All new dwellings are subject to a $2,000 Traffic Impact Fee per unit. This includes new homes, condos, and apartments. Separate traffic signal plans will be required. 24. A cost estimate for all of the proposed grading, drainage, street improvements, landscaping, and retaining wall work shall be submitted with the plans. A performance Resolution No. 2009 — January 5, 2010 Page 7 bond equal to the approved cost estimate shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment according to actual worked hours and consultant services. 25. The final map shall meet all of the requirements of the Subdivision Map Act, and the City of National City Municipal Codes including certification, acknowledgement, complete boundary information, and monumentation. 26. The developer shall submit to the Fire Department a letter from Sweetwater Authority stating existing fire flow. If determined by the Fire Department that additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Sweetwater Authority prior to obtaining the final map approval. 27. The developer shall bond for the monumentation, the public improvements, and the on - site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the final map. 28. SUSMP documentation must be submitted and approved. 29. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 30. The final map shall be recorded prior to issuance of any building permit: 31. All new property line survey monuments shall be set on private property, unless otherwise approved. 32. The parcel map/final map shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the systems. The angle of grid divergence from a true meridian and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. 33. Driveway access to Plaza Boulevard. shall be limited to right turns only. City staff will monitor citations and accident history at the project driveway. Should collisions increase as a result of illegal left turns at the project driveway, the property owner and/or homeowners association shall be responsible for installing a physical barrier to prohibit left turns onto Plaza Boulevard. Fire 34. The project shall be in compliance with NFPA 2007, CFC 2007 edition, title 19, and local City of National City Municipal Codes. 35. The applicant shall maintain internal roadway access for fire apparatus in accordance with the current California Fire Code and California Vehicle Code by providing an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet, 6 inches. Where the internal access roadway width would be reduced Resolution No. 2009 — January 5, 2010 Page 8 below 20 feet due to parked vehicles, the applicant shall post "No Parking Fire Lane" signs and/or paint the adjacent curb or pavement (if no curb provided) red with "No Parking Fire Lane" stenciled in white letters at intervals of 25 feet, to the satisfaction of the Fire Marshal and City Engineer. Furthermore, the following rules shall apply unless an exception is granted by the Fire Marshall and/or City Engineer: 1) parking shall be prohibited on both sides for roadway widths less than 30 feet, 2) parking shall be prohibited on one side only for roadway widths between 30 feet and 40 feet, and 3) parking is permitted on both sides for roadway widths greater than or equal to 40 feet. 36. Upon submittal for a building permit, data sheets for back -flows, private and commercial hydrants, and post indicator valves shall be provided. 37. The required width of emergency fire apparatus access roads shall not be obstructed in any manner, including parking of vehicles. All access roads shall be no less than 20 feet wide, no less than 13 feet 6 inches high, and shall have an all weather road with the ability to support 75 thousand pounds or greater. Please contact the "Fire Administration Office" for additional requirements for fire turn -around, etc. 38. Fire hydrants shall be located throughout the project with a separation distance of no greater than 300 feet. Fire hydrants shall be located within 300 feet of all locations which are roadway accessible. (Measurement starts from nearest existing fire hydrant to project). 39. Fire hydrant information shall be provided at building permit review, including size and location, size and number of outlets, and whether outlets are to be equipped with independent gate valves. 40. All fire hydrants shall be of three outlet design (Commercial Hydrant). 41. Provide calculations confirming flow availability to meet fire flow demands and supply a large diameter hose (4-inch). 42. Fire hydrants shall be marked by use of blue reflective marker in the roadway. 43. Exit signs shall be illuminated with green lettering per National City Ordinance. 44. FDC caps shall be Knox FDC Plugs. 45. Entrance/exit gates shall be equipped with Knox Box and Emergency Strobe so as to provide emergency vehicle access and egress in compliance with Municipal Code Chapter 10.47. 46. Fire sprinkler, fire alarm and fire protection systems plans shall be submitted under a separate permit directly to the Fire Department for review and permitting. Fees along with three sets of plans, including all "Cut Sheets and Calculations", shall be included upon submittal. Resolution No. 2009 — January 5, 2010 Page 9 47. During construction, the project shall comply with Chapter 14 of the CFC 2007 edition "Fire Safety during Construction Alteration or Demolition of a Building". 48. Every building four stories or higher shall be provided with not Tess than one standpipe for use during construction. Such standpipes shall be installed when the progress of construction is not more than 35 feet in height above the lowest level of Fire Department access. Such standpipes shall be provided with Fire Department hose connections at accessible locations adjacent to such useable stair, and the standpipe outlets shall be located adjacent to such useable stairs. Such standpipe systems shall be extended as construction progresses to within one floor of the highest point of construction having secured decking or flooring. On each floor there shall be provided a 2 1/2-inch valve outlet for Fire Department use. 49. The applicant shall maintain internal roadway access for fire apparatus in accordance with the current California Fire Code and California Vehicle Code by providing an unobstructed width of not less than 20 feet, and an unobstructed vertical clearance of not Tess than 13 feet, 6 inches. Where the internal access roadway width would be reduced below 20 feet due to parked vehicles, the applicant shall post "No Parking Fire Lane" signs and/or paint the adjacent curb or pavement (if no curb provided) red with "No Parking Fire Lane" stenciled in white letters at intervals of 25 feet to the satisfaction of the Fire Marshal and City Engineer. Furthermore, the following rules shall apply unless an exception is granted by the Fire Marshall and/or City Engineer: 1) parking shalLbe_prnhibited__on_ both _sides for roadwaywidths less than 30 feet, 2) parking shall be prohibited on one side only for roadway widths between 30 feet and 40 feet, and 3) parking is permitted on both sides for roadway widths greater than or equal to 40 feet. Planning 50. A corporation, association, property owners' group, or similar entity shall be formed with the right to assess all the properties that are jointly owned with interests in the common areas and facilities in the entire development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded conditions, covenants, and restrictions approved by the City Attorney as to form and content, which shall include compulsory membership of all owners and flexibility of assessments to meet changing costs of maintenance, repairs, and services. 51. The developer shall provide a declaration of covenants, conditions, and restrictions, running with the land, clearly setting for the privileges and responsibilities, including maintenance, payment of taxes, etc., involved in the common ownership of parking areas, walks, buildings, utilities recreational facilities, and open spaces prior to approval of the final map. The CC&Rs shall include a determination that the funds provided by the maintenance provisions will be sufficient to cover all contemplated costs. Resolution No. 2009 — January 5, 2010 Page 10 52. The CC&Rs shall contain a clause that allows the City the right, but not the duty, to enforce the maintenance obligations of the condominium association regarding maintenance of landscape and the external appearance of the common areas, and when required to be installed, on -going maintenance of any storm water treatment facility. The clause shall allow the City to lien the association property and each individual parcel in the event the City elects to perform such. 53. The CC&Rs shall include language to restrict the accumulation of junk pursuant to Chapter 7.12 of the Municipal Code and storage of litter, debris, and rubbish pursuant to Chapter 7.14 of the Municipal Code on exterior walkways, decks, and patios. 54. Prior to recordation of the final map, the applicant shall submit a grant deed, Title Report and/or agreement authorizing control of all property associated with this application. 55. At the time of Building Permit, a handicap -accessible and pedestrian walkway plan shall be submitted indicating accessible and efficient access throughout the property and to adjacent streets and sidewalks. 56. At the time of Building Permit, an exterior lighting plan shall be provided in conformance with National City Land Use Code Section18.60.010. The plans shall also show walkway lighting as well as building and parking lot lighting. 57. All requirements for this project as stated in the letter from Sweetwater Authority, dated October 29, 2008, shall be provided and/or incorporated into building plans. 58. The trash enclosures shall have a stucco exterior that is painted to match the proposed buildings, and shall also have a roof to the satisfaction of the Development Services Director. 59. A landscape and below -grade irrigation plan shall be submitted that reflects the approved landscape concept plan. The plans shall reflect the plant species, number, and plant sizes; the location and detail of playground equipment; directional sign at entrance, all fencing and gates; parking lot and walkway lighting; and enhanced paving. The plans shall be submitted with the building permits for review and approval by the Planning Division. Police 60. If the parking garages and/or pedestrian access to the property are to be gated, a Knox Box shall be installed at each entrance to said garages and entrance in compliance with Municipal Code Chapter 10.47. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant; and BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. Resolution No. 2009 — January 5, 2010 Page 11 PASSED and ADOPTED this 15th day of December, 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 COUNCIL AGENDA STATEMENT !ETING DATE Jan 5, 2010 10 AGENDA ITEM NO. (ITEM TITLE Warrant Register #22 for the period of 11/25/09 through 12/01/09 in the Amount of $3,303,550.87 PREPARED BY D. Gallegos -Finance DEPARTMENT Finance EXT. Jeanette Ladrido EXPLANATION 619-336-4331 Per Government Section Code 37208, attached are the warrants issued for the period of 11/25/09 through 12/01/09. The Finance Department has implemented a policy to provide explanation of all warrants Above $50,000.00 Vendor Check# Koch Armstrong Mile of Cars Assoc Public Emp Ret Sys 230464 230471 230485 Amount Explanation 1,054,271.97 Street Resurfacing 54,725.02 Apportionment 288,342.12 PPE 11/16/09 2 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 $3,303,550.87 BOARD / COMMISSION RECOMMENDATION 1TTACHMENTS ( Listed Below) Resolution No. 1. Warrant Register#22 A-200 (Rev. 7/03) 1 of 5 WARRANT REGISTER # 22 12/3/2009 payee Description chk no chk date Amount CITY OF CHULA VISTA JULY 2009 SERVICES 230394 11/30/09 19,943.00 WELLS FARGO RANK CREDIT CARD EXPENSES - REDEV 230395 11/30/09 887.92 WELLS FARGO BANK CREDIT CARD EXPENSES - REDEV 230396 11/30/09 49.04 AGUIRRE REIMB-HOME PROGRAM TRAINING 230397 12/1/09 208.95 BEARD REIMB-EPA CONFERENCE 230398 12/1/09 845.20 CITY OF CHULA VISTA PLANS AND SPECIFICATIONS 230399 12/1/09 1,022.00 EDCO DISPOSAL CORPORATION WASTE DISPOSAL FOR CDC 230400 12/1/09 104.75 FEDEX EXPRESS MAIL COURIER SERVICES 230401 12/1/09 51.18 LASER SAVER INC MOP 45725 INK CARTRIDGE-S8 230402 12/1/09 146.76 MYKIE'S LAWN & POWER EQUIPMENT STARTER ROPE 230403 12/1/09 4.28 OPPER & VARCO HARBOR DISTRICT/ACE METALS 230404 12/1/09 1,178.00 PALMER PAINTING CO PAINTING STOREFRONT - 929 NC BLVD 230405 12/1/09 735.00 PETERSON LIGHTING PRODUCTIONS HOLIDAY LIGHTS AT MORGAN SQUARE 230406 12/1/09 3,500.00 PRUDENTIAL OVERALL SUPPLY MOP 45742 UNIFORMS -NEIGHBORHOOD 230407 12/1/09 53.36 SAN DIEGO TROLLEY INC FLAGGING SERVICE 10/28/09 230408 12/1/09 83.36 SDG&E 1615 E 4TH ST 10/21-11/20/09 230409 12/1/09 24.07 STAPLES ADVANTAGE MOP 45704 OFFICE SUPPLIES -FINANCE 230410 12/1/09 74.67 SWEETWATER AUTHORITY WATER FACILITIES/MARINA GATEWAY 230411 12/1/09 20,240.00 U S BANK CORPORATE PAYMT SYS CREDIT CARD EXPENSES - REDEV 230412 12/1/09 192.61 VERONICA TAM & ASSOCIATES AGREEMENT TO PREPARE CAPER 230413 12/1/09 131.25 VISTA PAINT MOP 68834 PAINT -NEIGHBORHOOD 230414 12/1/09 449.89 ACEDO DEC 2009 RETIREE HEALTH BENEFITS 230415 12/1/09 160.00 ADAMSON POLICE PRODUCTS BALLISTIC VESTS AND COVERS 230416 12/1/09 5,128.68 ALEXANDER'S LEGAL SEMINARS CIVIL LITIGATION MANUAL 230417 12/1/09 31.27 ALL FRESH PRODUCTS FOOD FOR NUTRITION CENTER 230418 12/1/09 1,921.80 2 of 5 WARRANT REGISTER # 22 12/3/2009 Payee Description chk no chk date Amount ALLEN DEC 2009 RETIREE IIEALTH BENEFITS 230419 12/1/09 12.5.00 AT & T MOBILITY PD WIRELESS 10/06-11/05/09 230420 12/1/09 306.80 AT&T/MCI PHONE SVCS 10/13-11/12/09 230421 12/1/09 6,863.54 BARAWED SUBSISTENCE / FIELD TRAINING 230422 12/1/09 671.22 BOOT WORLD MOP #64096 WEARING APPAREL 230423 12/1/09 125.00 BOYD DEC 2009 RETIREE HEALTI I BENEFITS 230424 12/1/09 145.00 C W REED JR DEC 2009 RETIREMENT 2000964-590 230425 12/1/09 1,123.93 CA ASSO OF CODE ENFORCEMENT MEMBERSHIP DUES 230426 12/1/09 75.00 CALIFORNIA BAKING CO. BREAD DELIVERY FOR NUTRITION 230427 12/1/09 228.00 CALIFORNIA ELECTRIC SUPPLY MOP 445698 ELECTRICAL MATERIALS 230428 12/1/09 369.39 CASHIER DEPT OF PEST REGLTN PESTICIDE LICENSE RENEWAL 230429 12/1/09 60.00 CITY OF NATIONAL CITY PETTY CASH OCT 2009 230430 12/1/09 408.41 CONDON DEC 2009 RETIREE HEALTH BENEFITS 230431 12/1/09 280.00 COUNCIL CONNIE J REFUND CITATION OVERPAYMENT 230432 12/1/09 8.88 COUNTY OF SAN DIEGO PERMIT RENEWAL 230433 12/1/09 240.00 COUNTY OF SAN DIEGO PERMIT RENEWAL - LAS PALMAS 230434 12/1/09 220.00 COUNTY OF SAN DIEGO SHARE. OF PARKING CITATION OCT09 230435 12/1/09 11,258.19 COX COMMUNICATIONS HIGH SPEED 60MB DATA CIRCUIT 230436 12/1/09 3,759.59 CPRS MEMBERSHIP RENEWAL 12/2009-11/2010 230437 12/1/09 160.00 CULLIGAN WATER SOFTENER SVC 230438 12/1/09 402.75 DANIEL PEARCE/ RPM WELDING MOP #45749 CONTRACT SERVICES 230439 12/1/09 97.88 DATA PICKET INC PC PROCESSING - OCT 2009 230440 12/1/09 2,274.70 DEFRATIS DEC 2009 RETIREE HEALTH BENEFITS 230441 12/1/09 120.00 DICERCHIO DEC 2009 RETIREE HEALTH BENEFITS 230442 12/1/09 70.00 DREDGE DEC 2009 RETIREE HEALTH BENEFITS 230443 12/1/09 250.00 3 of 5 WARRANT REGISTER # 22 12/3/2009 Payee Description chk no chk date Amount DREW FORD MOP #49078 AUTO PARTS 230444 12/1/09 389.25 DUNGCA REIMB-HEALTHY HOMES UNIT REPAIRS 230445 12/1/09 2,618.00 EWERT, PHILLIP DEC 2009 RETIREE HEALTH BENEFITS 230446 12/1/09 160.00 FLEET SERVICES, INC MOP #67804 AUTO PARTS 230447 12/1/09 422.69 GEORGE H WATERS BAYFRONT CONCERT/PEPPER PARK 230448 12/1/09 454.38 GRAINGER MOP #65179 ELECTRICAL MATERIALS 230449 12/1/09 447.21 GRANICUS INC. WEBCAST/LIVECAST MANAGED 230450 12/1/09 1,477.35 HAMILTON MEATS & PROVISIONS MEAT DELIVERY FOR NUTRITION 230451 12/1/09 1,251.50 HANSON DEC 2009 RETIREE HEALTH BENEFITS 230452 12/1/09 135.00 IODGES RECREATION SUPPLIES 230453 12/1/09 423.20 HOLLOWAY DEC 2009 RETIREE HEALTH BENEFIT 230454 12/1/09 150.00 INDEPENDENT FORENSIC SERVICES SART EXAMS FOR FY 2010 230455 12/1/09 4,790.00 INFRASTRUCTURE ENGINEERING 'TO PERFORM AN INFLOW AND INFILTRATION 230456 12/1/09 15,016.50 INSTITUTE OF TRANSP ENGINEERS MEMBERSHIP FOR TRAFFIC ENG 2010 230457 12/1/09 267.00 JAMES DEC 2009 RETIREE HEALTH BENEFITS 230458 12/1/09 140.00 JERAULDS CAR CARE CENTER MOP #72449 R&M AUTO EQUIPMENT 230459 12/1/09 334.98 JUAN DE DIOS FIGUFROA & LIABILITY CLAIM COSTS 230460 12/1/09 3,198.00 JUAN DE DIOS FIGUEROA & LIABILITY CLAIM COSTS 230461 12/1/09 351.00 JUAN DE DIOS FIGUEROA & LIABILITY CLAIM COSTS 230462 12/1/09 258.00 KIMBLE DEC 2009 RETIREE HEALTH BENEFITS 230463 12/1/09 300.00 KOCH ARMSTRONG GENERAL CONTRACTOR - THE NATIONAL CITY STREET 230464 12/1/09 1,054,271.97 KOLANDA DEC 2009 RETIREE HEALTH BENEFITS 230465 12/1/09 135.00 LASER SAVER INC MOP #45726 OFFICE SUPPLIES 230466 12/1/09 285.96 LOPEZ TRANSLATION SVCS 12/01/09 230467 12/1/09 140.00 MARTINEZ REIMB - CLEARS MEETING 11/19/09 230468 12/1/09 52.38 4 of 5 ntrconPORATED WARRANT REGISTER # 22 12/3/2009 Payee Description chk no chk date Amount MATIENZO DEC 2009 RETIREE HEALTII BENEFITS 230469 12/1/09 100.00 MCCABE DEC 2009 RETIREE HEALTH BENEFIT 230470 12/1/09 280.00 MILE OF CARS ASSOCIATION APPORTIONMENT #10, #12 & 44 230471 12/1/09 54,725.02 MISSION UNIFORM SERVICE WEEKLY CLEANING/LAUNDRY SVCS 230472 12/1/09 61.66 MOHLER REIMB-HEALTHY HOMES UNIT REPAIRS 230473 12/1/09 2,060.00 MORA 125 PLAN REIMBURSEMENT 230474 12/1/09 221.00 MURRAY DEC 2009 RETIREE HEALTH BENEFITS 230475 12/1/09 150.00 MYERS DEC 2009 RETIREE HEALTH BENEFITS 230476 12/1/09 140.00 MYKIE'S LAWN & POWER EQUIPMENT MOP #73133 AUTO PARTS 230477 12/1/09 289.99 NAT ASSOC OF SCHOOL SCHOOL RESOURCE OFFCR COURSE 230478 12/1/09 495.00 NOSAL, WILLIAM A. DEC 2009 RETIREMENT SETTLEMENT 230479 12/1/09 1,065.60 OLIVER PRODUCTS COMPANY TRAYS & CONSUMABLES 230480 12/1/09 1,388.00 PAUU DEC 2009 RETIREE HEALTH BENEFITS 230481 12/1/09 340.00 POST DEC 2009 RETIREE HEALTH BENEFITS 230482 12/1/09 280.00 POTTER DEC 2009 RETIREE HEALTH BENEFITS 230483 12/1/09 150.00 PRO -EDGE KNIFE KNIFE SHARPENING SERVICES 230484 12/1/09 45.00 PUBLIC EMP RETIREMENT SYSTEM SERVICE PERIOD 11-09-4 230485 12/1/09 288,342.12 RAY DEC 2009 RETIREE HEALTH BENEFIT 230486 12/1/09 190.00 ROBERT HALF LEGAL TEMP EMP - WEEK ENDING 11/06/09 230487 12/1/09 1,920.00 RUIZ DEC 2009 RETIREE HF,AL'IH BENEFITS 230488 12/1/09 310.00 SALAZAR INSPECTOR CERTIFICATION 230489 12/1/09 180.00 SAN DIEGO MIRAMAR COLLEGE BASIC TRAFFIC COLLISION INVEST 230490 12/1/09 52.00 SANTA ANA COLLEGE FIELD TRAINING OFFICER 230491 12/1/09 70.00 SARMIENTO REFUND DUE TO RETIRED EMPLOYEE 230492 12/1/09 84.02 SDG&E FACILITIES DIVISION 230493 12/1/09 28,670.02 Payee SHORT, CRAIG SOUTH BAY COMMUNITY SERVICES SPARKLETTS WATER STAPLES ADVANTAGE SYSCO SAN DIEGO THE EPLER COMPANY THE STAR NEWS TOPECO PRODUCTS U S BANK CORPORATE PAYMT SYS VCA MAIN ST ANIMAL HOSPITAL VERIZON WIRELESS ZIETLOW, DAVID ZIONS BANK SECTION 8 HAPS PAYMENTS PAYROLL PAY PERIOD 24 ESPECIAL PAYROLL Start Date 11/03/2009 C"t*eoaidAiTED WARRANT REGISTER # 22 12/3/2009 Description DEC 2009 RETIREE IJEALTH BENEFITS PERSONNEL SERVICES SUBCONTRACT WATER FOR COUNCIL OFFICE MOP #45704 OFFICE SUPPLIES FOOD FOR NUTRITION CENTER GASB ACTUARIAL VALUATION JAZZ FESTIVAL AT PEPPER PARK MOP #63849 AUTO PARTS CREDIT CARD EXPENSES - PD, COMM SVCS K9 VET CARE FOR FY 2010 S8 WIRELESS SVS 9/24 - 10/23/09 DEC 2009 RETIREE HEALTH BENEFITS 18TH LEASE PAYMT 800 MHZ EQUIP Start Date End Date 11/25/2009 12/01/2009 End Date 11/16/2009 Check Date 11/25/2009 11/17/2009 5 of 5 chk no chk date Amount 230494 12/1/09 300.00 230495 12/1/09 38,369.32 230496 12/1/09 1.50 230497 12/1/09 969.09 230498 12/1/09 3,254.95 230499 12/1/09 5,675.00 230500 12/1/09 545.63 230501 12/1/09 68.56 230502 12/1/09 2,450.06 230503 12/1/09 820.42 230504 12/1/09 6.69 230505 12/1/09 150.00 230506 12/1/09 48,678.25 AP Total S 1,657,178.59 673,739.06 972,294.98 338.24 GRANT TOTAL Si 3,303,550.87 G�411OR�+t1,� •-�+• McOnvoRATED Warrant Register # 22 12/1/2009 001 GENERAL FUND 104 LIBRARY FUND 105 PARKS MAINTENANCE FUND 109 GAS TAXES FUND 111 P.O.S.T. FUND 125 SEWER SERVICE FUND 130 EMT-D REVOLVING FUND 131 ASSET FORFEITURE 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 191 STOP PROJECT 211 SECURITY AND ALARM REGULATION FUND 212 PERSONNEL COMPENSATION FUND 246 WINGS 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 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 1,104,044.79 30, 007.37 19,393.40 55,573.73 718.25 31,640.62 3,254.13 762.84 1,174.80 1,064.35 1,345.44 21,526.09 2,818.64 959.31 4,894.89 1,747.43 1,148.23 7,332.05 40,597.22 41, 521.28 4,678.00 2,396.40 517, 019.64 5,191.31 500, 000.00 695, 538.69 1,495.53 97,092.37 2,830.44 46,118.75 7,610.51 2,620.16 2,915.54 1,477.35 12,234.25 20,430.85 12,376.22 3,303,550.87 City of National City, California COUNCIL AGENDA STATEMENT FETING DATE Jan 5, 2010 AGENDA ITEM NO. 11 ITEM TITLE Warrant Register #23 for the period of 12/02/09 through 12/08/09 in the Amount of $786,336.53 PREPARED BY D. Gallegos -Finance DEPARTMENT EXPLANATION Finance Jeanette 619-336- Per Government Section Code 37208, attached are the warrants issued for the period of 12/02/09 through 12/08/09. EXT. The Finance Department has implemented a policy to provide explanation of all warrants Above $50,000.00 Vendor Health Net Kaiser Koch Armstrong Public Emp Ret Sys Check# 230550 230559 230561 230610 Amount 69,868.21 139,147.26 80,210.19 290,087.08 Explanation Emp. Health Ins Emp. Health Ins Street Resurfacing PPE 11/30/09 ( Environmental Review Financial Statement Not applicable. N/A MIS Approval Approved Fi ce Director Account No. STAFF RECOMMENDATION Ratification of warrants in the amount of $786,336.53 BOARD / COMMISSION RECOMMENDATION L 4TTACHMENTS ( Listed Below ) 1. Warrant Register#23 Resolution No. A-200 (Rev. 7/03) PAYEE BEST BEST & KRIEGER LLP CHRISTENSEN & SPATH LLP GEOSYNTEC CONSULTANTS KEYSER MARSTON ASSOC LAWYERS TITLE RICK ENGINEERING COMPANY ABCANA INDUSTRIES ACTION TROPHIES & ENGRAVING ADDICTION MEDICINE ADVANTIDGE AIRGAS-WEST AMERICAN ROTARY BROOM CO., INC ASBURY ENVIRONMENTAL SERVICES ASSI SECURITY AT & T MOBILITY AUSTIN DOORS BLACKIE'S TROPHIES AND AWARDS SUISSE INC INDA BRENNTAG PACIFIC, INC. BROADWAY AUTO ELECTRIC BROWN MARKETING STRATEGIES CAPE CALIFORNIA LAW ENFORCEMENT CARQUEST AUTO PARTS CDWG CHRISTINE FORESTER CATALYST CINTAS DOCUMENT MANAGEMENT CLAIMS MANAGEMENT ASSOCIATES CLEARS - C/O MARYANN MCGEE COUNTY OF SAN DIEGO DELL MARKETING CORP DELTA DENTAL DEPARTMENT OF TRANSPORTATION DISCOUNT SCHOOL SUPPLY DREW FORD EARLY CHILDHOOD ED SHEDLEY EXPERIAN GALINDO ROJAS GRAINGER (=TC SYSTEMS INC 2IS & ASSOCIATES _TH NET HEALTH NET HEALTH NET HINDERLITER DE LLAMAS & ASSOC HOME DEPOT/GECF IKON OFFICE SOLUTIONS C iNCORPOBATED WARRANT REGISTER # 23 12/8/2009 DESCRIPTION EXPERT & CONSULTANT SERVICES LEGAL SERVICES ENVIRONMENTAL CONSULTING SVCS ECONOMIC CONSULTING EXPERT & CONSULTANT SERVICES COPYING PLANS MUNICIPAL POOL CHEMICALS ACCOUNTABILITY TAGS - FIRE MEDICAL SVCS CUSTOM VERIMARK CARDS MOP 45714 HELIUM BALLOON-COMM SVC SWEEPER REPAIRS 50/50 COOLANT CITY-WIDE SECURITY REPAIRS ATT SECURE WIRELESS CIRCUIT FOR PD SLIDING GATE MOP 67727 NAME TAGS W/ ENGRAVING MILK/DAIRY DELIVERY FOR NUTRITION 125 PLAN REIMBURSEMENT MUNICIPAL POOL CHEMICALS ELECTRICAL PARTS FOR CITY VEHICLES RETAINER FEE/EVENTS - NOV 2009 FIRE/LTD DEC 2009 PD/LTD DEC 2009 MOP #47557 AUTO PARTS CHK NO 230507 230508 230509 230510 230511 230512 230513 230514 230515 230516 230517 230518 230519 230520 230521 230522 230523 230524 230525 230526 230527 230528 230529 230530 230531 MFG PART #CGP-CAABFS125UPW1 G6. CAI 230532 CONSULTANT SVCS FOR REDEV DOCUMENT MANAGEMENT LIABILITY CLAIM COSTS MEMBERSHIP -RECORDS MGR MAIL PROCESSING SERVICES SERVER CITY SHARE HIGHWAY LIGHTING SUPPLIES FOR COMM. SERVICES MOP #49078 AUTO PARTS IRONING BOARD W/ IRON DEPOSIT #1321 - 2400 E 8TH ST CREDIT CHECKS FOR PD EMPLOYEES REIMB - FIT FOR DUTY PACKET MOP #65179 PLUMBING MATERIALS NETWORK ENGINEERING DEPOSIT #1319 8 ON C HEALTH INS H0067A DEC 2009 HEALTH INS DEC 2009 57135J HEALTH -FULL NETWORK 57135A-DEC 09 AUDIT SVCS-TRANSACTIONS TAX SUPPLIES FOR PARKS DEPARTMENT COPIER MAINTENANCE 230533 230534 230535 230536 230537 230538 230539 230540 230541 230542 230543 230544 230545 230546 230547 230548 230549 230550 230551 230552 230553 230554 230555 1/3 DATE AMOUNT 12/8/09 2,324.26 12/8/09 4,680.67 12/8/09 136.22 12/8/09 6,626.86 12/8/09 450 00 12/8/09 17.70 12/8/09 1,587.95 12/8/09 7.61 12/8/09 775.00 12/8/09 675.41 12/8/09 53.64 12/8/09 369.70 12/8/09 202.67 12/8/09 250.00 12/8/09 4,211.00 12/8/09 4,323.94 12/8/09 10.98 12/8/09 331.91 12/8/09 246.13 12/8/09 528.09 12/8/09 256.31 12/8/09 2,840.00 12/8/09 672.00 12/8/09 1,755.00 12/8/09 307.87 12/8/09 9,142.18 12/8/09 11,262.50 12/8/09 72.95 12/8/09 1,135.60 12/8/09 30.00 12/8/09 3,086.57 12/8/09 16,634.91 12/8/09 14,281.04 12/8/09 2,866.17 12/8/09 94.17 12/8/09 141.78 12/8/09 259.34 12/8/09 1,600.00 12/8/09 27.72 12/8/09 15.40 12/8/09 1,043.08 12/8/09 2,331.80 12/8/09 750.00 12/8/09 69,868.21 12/8/09 1,092.24 12/8/09 11,811.30 12/8/09 5,388.70 12/8/09 87.88 12/8/09 6,473.29 2/3 PAYEE INTERPRETERS UNLIMITED IRON MOUNTAIN RECORDS. JOHN DEERE LANDSCAPES KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KOCH ARMSTRONG GENERAL LASER SAVER INC MAN K-9 INC. MINUTEMAN PRESS MOBILE SATELLITE TECHNOLOGIES MUNICIPAL MAINTENANCE EQUIP N C CHAMBER OF COMMERCE NAPA AUTO PARTS NATIONAL CITY ROTARY CLUB NORTH STATE ENVIRONMENTAL NOWDOCS INTERNATIONAL, INC. ORIENTAL TRADING, CO., INC. PACIFIC AUTO REPAIR PADRE JANITORIAL SUPPLIES PARTY PRODUCTIONS RENTALS PERRY FORD PERVO PAINT CO. PHYSIO CONTROL POWERSTRIDE BATTERY CO INC PRO BUILD PROCHEM SPECIALTY PRODUCTS INC PRUDENTIAL OVERALL SUPPLY RELIANCE STANDARD SAINZ SAN DIEGO RECREATION & SILVA STAPLES ADVANTAGE STRATACOM TARULLI TIRE SAN DIEGO INC TETRA TECH ISG #1 THE LIGHTHOUSE, INC. THE LINCOLN NATIONAL LIFE INS. THE SAN DIEGO UNION TRIBUNE THOMPSON PUBLISHING GROUP INC TURF MAKER UNITED RENTALS VERIZON WIRELESS VILLANUEVA MARTHA & VISTA PAINT WESTFLEX INDUSTRIAL WOOD & WOOD WOOD & WOOD XEROX CORPORATION BANC OF AMERICA PUBLIC & CAL4,1 o INCORTORATEt. WARRANT REGISTER # 23 12/8/2009 DESCRIPTION LIABILITY CLAIM COSTS RECORDS MANAGEMENT MOP #69277 PLANTING MATERIALS KAISER INS ACTIVE DES 2009 KAISER RET INS DEC 2009 CONTRACTOR FOR THE NC STREET MOP #45725 OFFICE SUPPLIES MONTHLY K9 TRAINING - NOV 2009 MOP 47939 ENVELOPES SATELLITE SERVICE FOR THE COMMAND AUTOMOTIVE PARTS PROMOTIONAL ACTIVITIES MOP #45735 AUTO PARTS STATEMENT 08/01/09 - 12/31/09 HAZARDOUS WASTE REMOVAL W2 ENVELOPES & W2 FORMS SUPPLIES FOR HALLOWEEN SMOG CERTIFICATION & REPAIRS JANITORIAL SUPPLIES RENTAL OF EQUIPMENT FOR BAYFRONT MOP #45703 R&M AUTO EQUIPMENT MOP #63846 TRAFFIC CONTROL SUPPLIES BATTERY MOP #73133 AUTO PARTS MOP #45707 WEARING APPAREL 30 GAL CARWASH SOAP MOP #45742 LAUNDRY SERVICE VTL DEC 2009 REIMB-PROPERTY/HOUSING INSPECTOR ANNUAL MEMBERSHIP 2010 125 PLAN REIMBURSEMENT MOP 45704 OFFICE SUPPLIES- PD CDC SECTION 8 #10 WINDOW ENVELOPES MOP #47940 TIRES DEPOSIT#1081 MARINA GATEWAY MOP #45726 AUTO PARTS LIFE, AD&D LEGAL NOTICES ADVERTISING FAIR LABOR STANDARDS HANDBOOK FETILIZER CONCRETE BATCH PLANT MIX VERIZON WIRELESS SERVICE LIABILITY CLAIM COSTS MOP #68834 TRAFFIC CONTROL SUPPLIES MOP #63850 AUTO PARTS LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS XEROX COPIER LEASE CAT LOADER EQUIP LEASE PYMT #15 CHK NO DATE AMOUNT 230556 12/8/09 98.00 230557 12/8/09 125.00 230558 12/8/09 221.63 230559 12/8/09 139,147.26 230560 12/8/09 7,245.10 230561 12/8/09 80,210.19 230562 12/8/09 144.54 230563 12/8/09 800.00 230564 12/8/09 442.05 230565 12/8/09 1,079.88 230566 12/8/09 118.16 230567 12/8/09 30.00 230568 12/8/09 274.08 230569 12/8/09 85.00 230570 12/8/09 1,762.26 230571 12/8/09 88.03 230572 12/8/09 125.85 230573 12/8/09 845.1 230574 12/8/09 235.1 230575 12/8/09 940.7z 230576 12/8/09 1,405.61 230577 12/8/09 158.04 230578 12/8/09 341.91 230579 12/8/09 524.16 230580 12/8/09 1,143.70 230581 12/8/09 466.38 230582 12/8/09 207.03 230583 12/8/09 2,264.74 230584 12/8/09 180.00 230585 12/8/09 200.00 230586 12/8/09 561.70 230587 12/8/09 1,375.32 230588 12/8/09 1,117.26 230589 12/8/09 280.00 230590 12/8/09 787.84 230591 12/8/09 124.33 230592 12/8/09 9,479.00 230593 12/8/09 1,283.20 230594 12/8/09 438.50 230595 12/8/09 491.90 230596 12/8/09 179.44 230597 12/8/09 796.32 230598 12/8/09 5, 000.! 230599 12/8/09 214.1 230600 12/8/09 83.07 230601 12/8/09 20,205.25 230602 12/8/09 1,378.00 230603 12/8/09 886.46 230604 12/8/09 3,077.02 PAYEE CCH CMRTA DELTACARE (PMI) LOPEZ NATIONAL CITY TROPHY PUBLIC EMP RETIREMENT SYSTEM SAN DIEGO MIRAMAR COLLEGE SAN DIEGO PET & LAB SUPPLY STAPLES ADVANTAGE SECTION 8 HAPS PAYMENTS INCURPORA:�D WARRANT REGISTER # 23 12/8/2009 DESCRIPTION GOVERNMENTAL GAAP GUIDE 2010 CMRTA MEMBERSHIP RENEWAL DENTAL INS PM! - DEC 2009 TRANSLATION FOR GEN PLAN UPDATE GOLD MEDALS SERVICE PERIOD 11-09-05 TUITION: BASIC TRAFFIC COLLISION PET SUPPLIES OFFICE SUPPLIES Start Date End Date 12/2/2009 12/8/2009 CHK NO DATE 230605 12/8/09 230606 12/8/09 230607 12/8/09 230608 12/8/09 230609 12/8/09 230610 12/8/09 230611 12/8/09 230612 12/8/09 230613 12/8/09 GRAND TOTAL A/P Total 3/3 AMOUNT 268.06 50.00 3,530.07 140.00 93.55 290,087.08 52.00 174.82 40.45 776,243.05 10,093.48 $ 786,336.53 Warrant Register #23 12/8/2009 001 GENERAL FUND 105 PARKS MAINTENANCE FUND 109 GAS TAXES FUND 115 PARK & REC CAPITAL OUTLAY FUND 125 SEWER SERVICE FUND 159 GENERAL PLAN UPDATE RESERVE 166 NUTRITION 172 TRASH RATE STABILIZATION FUND 208 SUPP.LAW ENFORCEMENT SVCS FUND (SLESF) 246 WINGS GRANT 253 RECREATIONAL ACTIVITIES FUND 290 POLICE DEPT GRANTS 307 PROPOSITION A" FUND 502 SECTION 8 FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 626 FACILITIES MAINT FUND 627 LIABILITY INS. FUND 628 GENERAL SERVICES FUND 629 INFORMATION SYSTEMS MAINTENANC 630 OFFICE EQUIPMENT DEPRECIATION 631 TELECOMMUNICATIONS REVOLVING 632 GENERAL ACCOUNTING SERVICES 643 MOTOR VEHICLE SVC FUND 724 COBRA/RETIREE INSURANCE 726 ENGINEERING/PUBLIC WORKS T & A DEPOSITS 561, 248.57 1,350.74 1,538.51 307.70 1,317.01 11,402.50 -39.07 461.55 1,079.88 1,664.28 668.18 16,634.91 80,210.19 12,593.16 13, 793.91 705.67 8,294.65 28,111.22 6,473.29 8,330.00 2,331.80 5,007.32 5,739.04 5,439.05 8,534.63 3,137.84 786,336.53 City of National City, California COUNCIL AGENDA STATEMENT ,riEETING DATE January 5, 2010 AGENDA ITEM NO. 12 (ITEM TITLE Public Hearing: Presentation of the Draft Public Participation Plan (PPP) for the U.S. Department of Housing and Urban Development Five -Year Consolidated Plan PREPARED BY EXPLANATION A 30-day public comment period for the adoption of the draft Public Participation Plan (PPP) was initiated on December 15, 2009 and will end on January 13, 2010. On January 19, 2010, City Council will hold a second public hearing and, after all public input is considered, adopt the Public Participation Plan. Carlos Aguirre (Ext. 4391) DEPARTMENT \ '1 tivr Community Development Dep. Housing and Grants Division The purpose of the public participation plan is to describe the City's policies and procedures for public involvement in the development of the Five -Year Consolidated Plan and its component Annual Action Plans, amendments to these plans, as well as the PPP and review of the Consolidated Annual Performance and Evaluation Report (CAPER). The projects described in the Consolidated and Annual Plans use Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), and other U.S. Department of Housing and Urban Development (HUD) funded programs. The PPP is a tool to encourage the residents to become involved in the development of the plans and documents that outline the housing and community development needs, goals, objectives, and activities for National City. Environmental Review N/A Financial Statement There is no fiscal impact. Approved By: Finance Director Account No. STAFF RECOMMENDATION Not applicable to this report. BOARD / COMMISSION RECOMMENDATION Not applicable to this report. ATTACHMENTS ( Listed Below) Resolution No. Attachment 1: Public Hearing Notice Attachment 2: Draft Public Participation Plan Attachment 3: Five -Year Consolidated Plan and Annual Action Plan Timeline A-200 (9/99) Attachment 1: Public Hearing Notice �-. CALIF9RNIA NATIONAL CITY JA UIJII II +' PUBLIC NOTICE NOTICE OF 30-DAY PUBLIC COMMENT PERIOD AND PUBLIC HEARING FOR THE ADOPTION OF A NEW PUBLIC PARTICIPATION PLAN FOR THE CITY OF NATIONAL CITY Notice is hereby given that a 30-day public comment period for the draft City of National City Public Participation Plan will commence on December 15, 2009 and will end on January 13, 2010. The Public Participation Plan is a description of National City's policies and procedures for public involvement in the development of the Five -Year Consolidated Plan and its component Annual Action Plans, amendments to these plans, and the public review process for the Consolidated Annual Performance and Evaluation Report (CAPER) to the U.S. Department of Housing and Urban Development (HUD). A Public Hearing will be held on January 5, 2010 at 6:00 pm at the City Council Chambers located at 1243 National City Blvd., National City, CA 91950 to provide for public input on the draft Public Participation Plan. The draft document will be available for review on the internet at www.nationalcityca.gov after December 15. The document will also be available at the National City Clerk's Office (address below) or can be provided by mail by calling (619) 336-4391. All comments can be ' sent to caguirre@nationalcityca.gov or by mail to the National City Housing and Grants Division, Attn: Carlos Aguirre, 1243 National City, Blvd., National City, CA 91950. Hearing impaired persons please use the CA Relay Service Number 711. City facilities are wheelchair accessible. Please contact the City Clerk's Office at (619) 336-4228 to request a disability -related modification or accommodation. Notification 24-hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to City facilities. Asistencia En Espanol: para que le interpreten la solicitud en Espanol, (lame al (619) 336-4391. Publish: Friday, December 4, 2009 Chris Zapata, City Manager City of National City, CA ATTACHMENT 2: PUBLIC PARTICIPATION PLAN L- 'NCORPORAf Community Development Housing. and Grants Division Draft Public Participation Plan Community Development Department Housing and Grants Division 1243 National City Blvd. National City, CA 91950 (619) 336-4391 Public Participation Plan City of National City TABLE OF CONTENTS 1.0 Introduction 3 2.0 Objective 3 3.0 Public Notice 3 4.0 Public Access to Information 4 5.0 Public Hearings 4 6.0 Plan Development 5 5 6 6.3 Amendments to the Five -Year Consolidated Plan and ... the Annual Actions Plans � m=� 7 6.4 The Consolidated Annual Performance and`Evaluatio Report 8 6.5 Public Participation Plan and Amendrts to the Public Participation Plan 8 7.0 Complaint Procedures r� 9 8.0 Anti -Displacement Policy k 9 6.1 The Five -Year Consolidated Plan 6.2 The Annual Action Plans Page 2 of 9 Public Participation Plan City of National City 1.0 PURPOSE The purpose of the public participation plan is to describe the City's policies and procedures for public involvement in the development of the Five -Year Consolidated Plan and its component Annual Action Plans, amendments to these plans, as well as the Public Participation Plan and review of the Consolidated Annual Performance and Evaluation Report (CAPER). The projects described in the Consolidated and Annual Plans use Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), and other U.S. Department of Housing and Urban Development (HUD) funded programs. The Public Participation Plan (PPP) is a tool to encourage the residents to become involved in the development ofkthe plans and documents that outline the housing and community development needs, goals, + ectives, and activities for National City. •o" 2.0 OBJECTIVE The law states that the primary purpose of the programs covered by this P is to create viable communities by providing decent housing, a s0itable living environm nt, and expanding economic opportunities, primarily for very low, low and moderate income people The PPP shall identify the implementation process for encouraging public, ticipation and reviewing their P recommendations to the Five -Year Consolidated %anditcomponent Annual Action Plans, Substantial Amendment(s) to these plans, the PPP, a CAPER. The objective of the PPP is to involve residents during all stag s of the process and to respond to specific complaints and needs of residents. The City will take al'T rations necessary to encourage the participation of all residents including minorities, non-E�sh'�"sp Ong pers �s persons with disabilities, and residents of public and assisted housing,, n additionll NallOal City residents, and public and private agencies. Residents are askedt.to i £ . s and objectives, prioritize these needs, recommend how ueh, oney sho‘d e allocated o each high -priority need, and suggest the types of programs to meet these needs. Vey. The parties involved ii the process comprise neighborhood and resident groups, non-profit agencies, community -based orgariliatiO*AppigtService agencies, business organizations, associationsan; tall Nationals gov residentVeVired to as the "public"); the City's Community DevelopmeiDehartment Housing and Grants Division staff (referred to as "staff') and the City of Nation':l City Mayorga ndpCou�ncil,(referred to as "Council"). All the parties play an integral role in the`de;elopment of the PPP, the Consolidated Plan, the Action Plans, and the CAPER. 3.0 PUBLIC NOTICE An advance public notice shall published at least 14 days prior to a scheduled public hearing. The notice is an invitationto the public to participate in the planning process for the preparation of the Five -Year Consolidated Plan and its component Annual Action Plans, Substantial Amendments to the Plans, and the CAPER. The public notice will announce the date and location of the public hearing. The notice will summarize a list of the proposed needs, objectives and goals, along with the proposed projects and activities for the Plans and Substantial Amendments to the Plans, including the PPP. The content of notices shall convey to the residents a clear understanding of the event being announced. • Public Notices shall be published as legal advertisements in at least one newspaper of general circulation serving the National City residents. Notices will also be posted at City Hall, the National City Public Library and other buildings which provide access to the public. Page 3 of 9 Public Participation Plan City of National City • The notices will be posted on the City's Housing and Grants Division CDBG and HOME webpage at http://www.nationalcityca.qov under the City Government and Community Development Department: http://www.nationalcityca.00v/index.aspx?page=138 • Copies of the notice will be available at the City Clerk's Office and at the Community Development Department's Housing and Grant Division Office. • A copy of the notice will be provided to any person or organization on the Housing and Grants Division mailing list. All interested parties may request listing on the mailing list. • The City may hold additional community meetings at neighborhood locations before preparing the Five -Year Consolidated Plan. Notice of community meetings will be given in a manner designed to maximize public participation, such as display ads in local newspapers, fliers, postings in neighborhoods, and e-mail notices. 4.0 PUBLIC ACCESS TO INFORMATION As required by law, the City of National City will provide thepublic reasonable and timely access to information and records relating to the Consolidate! Plan, the Action Plans, and Consolidated Annual Performance and Evaluation Report. • Copies of the .documents will be available at: -National City Public Library, Government Document Section, 1401 National City Blvd., National City, CA 91950 -City Clerk's Office, 1243 National City Blvd, 1st Floor, National City, CA 91950 -Community Development Department, 1243 National City Blvd, National City, CA 91950 • Copies of the document will als http:l/www.nationalcitycago :under theHousingand Grants Division'CDBG and HOME webpage: http://www.natic as►'>qov/index.aspx?Page 138 • Upon request, documents will e made available in a format accessible to persons with disabilities. The public may contact`` comment at available at the City's website, ants Division for further information or to provide mmo%y;Development Specialist, HUD Grants Housingand GrantsDivision Communityeveloent Department City of Nat o al City 1243 National City Blvd, National CityA 91950 9) 336 = ; Fax (619) 336-4286 ilk fionalcityca.gov 5.0 PUBLIC HEARINGS Public hearings are required in order to obtain the public's views and to provide the public with the City's responses to public questions and proposals. Public hearings will be held after a notice has been published in a local newspaper, at least 14 days prior to the date of the scheduled meeting. An agenda for the meeting shall be posted at City Hall 72-hours prior to the meeting. Public hearings are usually held during City Council meetings on the first and third Tuesday of the month at 6:00 p.m. at the Council Chambers at City Hall. Every effort will be made to hear the testimony of all who wish to comment at a public hearing; however, in the Page 4 of 9 Public Participation Plan City of National City event that there is not enough time to hear everyone's testimony, the public is encouraged to submit their comments in writing. Special accommodations will be made for people with disabilities if a request is submitted within five working days before the hearing. The request shall be submitted to the City Clerk's Office. The City will also make every effort to provide translators for people who do not speak English, if requests are made within five working days prior to the hearing to the City Clerk's office. 6.0 PLAN DEVELOPMENT 6.1 The Five -Year Consolidated Plan ("Consolidated Plan") 6.1.1 GENERAL INFORMATION: The Five -Year Consorptelan is a comprehensive document, providing a detailed description of the housing, and commut ht development needs in National City, which prioritizes those needs, and t alen develops a s, tegy with goals and activities for addressing the needs. 6.1.2 THE PROCESS��-. 1. In 2010, and every five years thereafter, the Co r t nity velopment Department's Housing and Grants Division will prepare a calendar contain a schedule for the preparation of the Consolidated Plan. The schedule sh tain tentativeates for the preparation of the Plan along with the dates for community meetingsublic notice public hearings, comment period start and end dates, and when the propose a '.,al Plan e expected to be available to the public. 2. Community meetings e at various oca ions convenient to the public. Because the goal of the planning piss is to f e as m residents as possible participate, the City will send out notices to , iduals ancoganizatio,on the Housing and Grants Division mailing list, post notices at n lhborhooe ,centers and er locations accessible to the public, and advertise in the newspaper or t caImedia. The objective of these meetings is to explain the purpose and pro of the Consul ated Plan, identify the needs in the community, and clarify thefvision tional�residents have for the City. The needs will be prioritized and goals, pp ectives, and ' ctiviti developed that will be incorporated into the Five -Year Consolidated Plan. 3. First Public,,lotice: Presentation of the proposed plan requires advance notices to the public. The publication'4,botice show ollow steps in Section 3.0 of this Plan. Notices of the public hearing shall be . s nt to , ersons on the Housing and Grants Division mailing list and attending the comm y mee ings. 4. First Public Hearing:'A public hearing will be held at a Council meeting on a date announced in the public notice, outlined in Section 3.0. Please refer to Section 5.0 for public hearing procedures. The City Council will approve the proposed Consolidated Plan and direct staff to solicit public comments for at least 30 days and set the next hearing date. 5. Second Public Notice: A summary of the proposed Consolidated Plan shall be published to solicit comments over at least a 30-day period. The publication should clearly state the start and end date of the comment period. The publication shall include a list of locations, as listed in the Section 4.0, where copies of the Plan will be available to the public. The notice will include information about the date, time and location of the final public hearing. The notice shall include Page 5 of 9 Public Participation Plan City of National City a brief summary of a description of the contents and purpose of the Plan including a list of the goals, objectives, and activities that will be undertaken over the next five years. The objectives and activities need to be measurable for each year, so that the City can annually compare the outcomes against the proposed outcomes in the Plan. The estimated amount of assistance that the City expects to receive and the amount that will be used to undertake activities that will benefit persons of low and moderate income must also be included in the publication. Free copies of the Plan will be made available to the public upon request Copies will also be made available in a format accessible to persons with disabilities, upon request. 6. Final Public Hearing: The final public hearing will be held at a scheduled Council meeting. All comments submitted by the public, either in writing or orally at pubtu hearings and during the comment period, shall be taken into consideration. A summa aof the comments or views accepted and those not accepted, and reasons for not accep rem, shall be attached to the final Consolidated Plan. The Council will adopt the final Plan with` ny amendments and submit the Plan to HUD at the Los Angeles Office. 6.2 The Annual Action Plans ("Action Plans") 6.2.1 GENERAL INFORMATION: The Annual Action Plans willwitjk,mplement the objectives, goals and strategies formulated in the Five -Year Consolidated PIr:The Annual Action Plans shall outline the amount and source of funding available, ee ivities for each objective, and the measurable targeted goal for each of these activities fort year. 6.2.2 THE PROCESS 1. In late fall of every year, the City of Nat calendar containing a sche r the pre schedule shall contain to . rites for t dates for publication of lc notices. public the proposed and finaf fans are expected to 2. Technical Assistance al City fation rants Division will prepare a al" Action Plan for that year. The reparation the Action Plan, along with the h'ea'ings, comment start and end period, and when bey ailable to the public. vid technical assistance to individuals and organizational. epresentatives of fiery low, tow; d moderate income people who are interested in submitting a'proposal to obtainfunding for an activity. The assistance would include providing guidan - nformationalssoces,�and training. The City will not write proposals for an applicant. urn, fib... 3. The Cit the City CO' meet the obje tall will evaluate:propose activities for eligibility and provide a recommendation to cil of proposalsIfrom agencies and City Departments which the City could select to s in the Consolidated Plan. 4. First Public Noti . es °ntation of the proposed plan requires advance notice to the public. The publication noticeshould follow steps in Section 3 of this Plan. Notices of the public hearing shall be sent to all persons on the CDBG mailing list. The estimated amount of assistance that the City expects to receive; including program income will be listed in the notice. 5. First Public Hearing: A public hearing will be held at a Council meeting on a date announced in the public notice as described Section 5.0 for public hearing procedures. The City Council will approve the proposed Annual Action Plan, direct staff to solicit public comments for at least 30 days, and set the next public hearing date. 6. Second Public Notice: A summary of the proposed Action Plan shall be published to solicit comments over at least a 30-day period. The publication should clearly state the start and end Page 6 of 9 Public Participation Plan City of National City date of the comment period and list the locations, as identified in the Section 4, where copies of the Plan will be available to the public. The notice will include information about the date, time and location of the final public hearing. The notice shall include a brief description of the proposed activities with the amount of funding for each project and the amount that will be used to undertake activities that will benefit persons of low and moderate income. Upon request, free copies of the Plan will be made available to the public and will also be made available in a format accessible to persons with disabilities. 7. Final Public Hearing: The final public hearing will be held at a scheduled Council meeting, where all comments received will be taken into consideration. These comments, along with reasons for those not accepted shall be attached to the final Ann ` >` ction Plan, which will be adopted by the City Council. The final plan will be then submitte UD by May 15. 6.3 Amendments to the Five -Year Consolidated Plan ana 6.3.1 GENERAL INFORMATION: Throughout the ter the plans may be amended to add or delete ac amended through the public participation pr "Substantial Change". Substantial Change for the Consolidated Plan is defin • The deletion or addition of, bjective, pr Priority Needs Summary Tabu Substantial Change for the Annual Action n is • Addition of a news , 'ect or an a ` ity • Elimination of awe:activity • - ending ar ant for a purpose ' r <_ cope of ec .new prof ssor an activ t cati • Change in tq • Change be consider • Change in th • A. hangein mor 50% of th al Action Plans the Five-Ye:nd the Annual Plan, ms or objectives`,,The Plans must be any changes meetthe definition of or project, or any changes to the in the Annual Action Plan d in the ual Action Plan ect or activity by 50% or more oject or an activity to the extent that it would ivity original beneficiaries These ksfantial amsubject to the public participation process in accordance with thrs'PP. The amen moist be available to the public for comment, through a process described below. 6.3.2 THE PROCESS 1. Public Notice.4Presentat n;of the substantial amendment(s) made to either the Five Year Consolidated Plante th nual Action Plans require advance notice to the public. These notices shall be published at least 14 days prior to the scheduled date for the presentation of the amendment(s) to the Council at a public hearing. The notice shall be published in, at least, one newspaper of general circulation, containing the date, time and location of the public hearing. ent s 2. Public Hearing: A public hearing to consider the amendments will be held at a City Council meeting on a date announced in the notice published in accordance with the requirements described in Section 5.0. 3. Public Comment Period and Public Notice: A summary of the amendment(s) will be published in a newspaper of general circulation to solicit comments within at least a period of 30 days before the amendment is implemented. The publication should clearly state the start and end Page 7 of 9 Public Participation Plan City of National City date for the comment period. The publication shall also include a list of locations, as stated in Section 4.0, where a list of the amendments will be available to the public for comment. Free copies will be made available to the public upon request copies will also be made available in a format accessible to persons with disabilities, upon request. The notice will include the date, time and location of the public meeting when the Council will approve the amendments. 4. Public Hearing to Approve the Amendment(s): The public hearing will be a scheduled Council meeting. The Council will approve the amended Plan which will include all the comments received and the reason any comments might not been considered. The amendment(s) will then be submitted to HUD Office in Los Angeles. Copies of the amended Plan(s) will be made available to the public at locations listed in Section 4.0. 6.4 The Consolidated Annual Performance and Evaluation rt (CAPER) 6.4.1 GENERAL INFORMATION: Every year, the Citymus` send H „„ Consolidated Annual Performance and Evaluation Report (CAPER) within 'days of the closedo e4.. f the program year. The CAPER outlines how funds were actually us the extent to w _. these funds were utilized for activities benefiting very low, low a moderate income group e CAPER also provides a narrative on progress towards ee g the � set forth f ,, he Five -Year Consolidated Plan and Annual Action Plan, coe ®-ng uaI accomplishmen s to planned actions, and assessing the City's overall performanc 6.4.2 THE PROCESS 1. Public Notice: A public notice shall be b sh t least f ys prior to the scheduled date for the presentation of the CAPER to t aring. The notice shall be published in, at least, onenewspaper o ner rc containing the date, time and location of the public he otice s cate tha a CAPER is available for review and comment for at I ast' a perio of 15 da clearly stating the start and end date for the comment period. Fr e`� opies will B ade available to the public upon request and a copy of the proposed CAP all be a ifable on thi City's web site. Copies will also be made , E� � v available in a format accessiblewt ?`e sons with disa ilities, upon request. 2. Public 1 i ng a is hemp to review the proposed CAPER will be held at a City Council meetin on a date announced hits.e notice published in the newspaper. Section 5.0 describes the pt b# hearing requirements comments received will be taken into consideration. The approved € APER shall incti e a summary of the comments and views of the residents and shall be attached to the CAPEA 3. The CAPER made available to 'IUD every year by September 28. Copies of the CAPER will be t locations listed in Section 4.0. 6.5 Public Participation Plan and Amendments to the Public Participation Plan 6.5.1 GENERAL INFORMATION: The PPP adoption and the amendment process for the PPP are the same. HUD regulations require that the City provide reasonable opportunity to the public to comment and present their views on the original PPP and substantial amendments to it. These amendments may be made through the public participation process, meeting the definition of "Substantial Change". Substantial Change for the Public Participation Plan is defined as: Page 8 of 9 Public Participation Plan City of National City A change in the participation process stated in the original PPP for the Consolidated and Annual Plans, amendments to them and the participation process for the CAPER. 6.5.2 THE PROCESS 1. Public Notice: Presentation of the PPP or substantial amendment(s) made to the PPP requires advance notice to the public. This notice shall be published at least 30 days prior to the scheduled date for the presentation of the Plan or the amendment(s) to the Council at a public hearing. The notice shall be published in, at least, one newspaper of general circulation, containing the date, time and location of the public hearing. The notice shall contain information about the purpose of the PPP or any substantial amendment. The p blication shall also include a list of locations, as stated in Section 4.0, where the PPP and/ ort of the amendments will be available to the public for comment. Free copies will be made to the public upon request. Copies will also be made available in a format accessfble, to persons with disabilities, upon request. 2. Public Hearing: A public hearing to consider the amendments will be Id at a City Council meeting on a date announced in the notice ublis, in the newspaper*ee Section 5.0 on public hearing requirements. Copies of the PPP r the amended PPP will be tide available to the public at locations listed in Section 4.0. 7.0 COMPLAINT PROCEDURES Residents are encouraged to provide t be sent by the City within 15 working d complaints will be encouraged to propos of contract responsibilities, tfresidents w take measures to enforce tl eohtrragt and re 8.0 ANTI -DISPLACEMENT P CY In the event that any res out a projectproject,bri,ac developed " ec plan wilt to the CI f¢ °: substantive written response will t of th . mment. Residents making the tions. „Mere has been any infraction is, and the City will be advised to antlA'elocation must take place in order to carry tivity, t ` Cry` will ens rep t an anti -displacement and relocation plan in Conn tionawith t project, as applicable per Federal regulations. The relocation be'available to the pub , t the locations described in Section 4.0. The Consolidated Plan and Annual Action cn act ��'' shall minimize the extent to which very low, low and moderateincome people willbe displaced as a result of any proposed project. In the event that any acquisition and relocation' must take place in order to carry out a project or activity, the City will also comply with the acquisition and relocation requirements of the U.S. Uniform Relocation Re Assistance and al Prope 'Acquisition Policies Act, as amended. Page 9 of 9 Attachment #3: Consolidated Plan Timeline FY 2011- FY 2015 Consolidated Plan & FY 2010-2011 Action Plan Timeline October 20, 2009 (Tuesday): City Council Presentation on the HUD Consolidated Plan Process 6:00 p.m. City Hall Council Chambers November/December 2009 Resident Surveys November 30, 2009 (Monday): FY 2010-11 CDBG/HOME Grant Funding Applications Available for Distribution City Hall Clerks Office or Finance Department Counter December - March 2010 Drafting of FY 2011-2015 HUD Consolidated Plan December 2, 2009 (Wednesday): Cons. Plan Community Needs Outreach Public Meeting with General Public and Service Providers 6:30 p.m. to 8:00 p.m. MLK Center- North Mtg. Room December 8, 2009 (Tuesday): CDBG/HOME Technical Assistance Workshop for Grant Applicants 10:00 a.m.- 12:00 p.m. MLK Center - South Mtg. Room December 15, 2009 to January 13, 2010: 30 Day Public Review Period for draft Public Participation Plan January - March 2010 Drafting of FY 2010-11 Action Plan January 5, 2010 (Tuesday): City Council Public Hearing - Public Comment on Draft Public Participation Plan January 12, 2010 (Tuesday): CDBG/ HOME Application Submission Deadline Due by 2:00 p.m. at the City Clerks Office or at the Finance Department Counter January 19, 2010 (Tuesday): City Council Public Hearing - Public Participation Plan Adoption (Completes 30-day Public Comment Period and adopts a new Public Participation Plan) January 26, 2010 (Tuesday): Distribution of CDBG/HOME Grant Application Booklets to the City Council February 3, 2010 (Wednesday): CDBG/ HOME Funding Eligibility Analysis for City Council Review/Consideration (Provided via Staff Memorandum) February 16, 2010 (Tuesday): City Council Public Hearing- CDBG/HOME Program Applicant Presentations 6:00 p.m. City Hall Council Chambers March 2, 2010 (Tuesday): Draft FY 2011-2015 Consolidated Plan to HUD made available to City Council and Executive Staff for Comment and Public Meeting with City Council to review Priority Needs and Strategy 6:00 p.m. City Hall Council Chambers March 16, 2010 (Tuesday): City Council Public Hearing - Applicant Grant Funding Recommendations (Decision Making Meeting) 6:00 p.m. City Hall Council Chambers March 29, 2010 to April 28, 2010 Mandatory 30-Day Public Review & Comment Period of the Draft FY 2011-2015 Consolidated Plan and FY 2010-11 Action Plan May 4., 2010 (Tuesday): City Council Final Public Hearing - Approval of the FY 2011-2015 Consolidated Plan and the FY 2010-11 Action Plan 6:00 p.m. City Hall Council Chambers May 13, 2010 (Thursday): Submission of the FY 2011-2015 Consolidated Plan and the FY 2010-11 Action Plan to HUD City of National City, California SECOND READ ING COUNCIL AGENDA STATEMENT '"FETING DATES 1/03/2010 AGENDA ITEM NO. 13 ITEM TITLE Introduction of an Ordinance of the City of National City to Approve an Amendment to the Contract Between the Board of Administration California Public Employees' Retirement System and the City Council of the City of National City to Provide fora 3% @ 55 Full Formula Benefit for Local Police Members Entering Membership for the First Time in the Police Classification DEPARTMENT Homan Resources EXPLANATION As provided for in the current agreement between the City of National City and Ca1PERS, City of National City employees working in designated police classifications have a retirement formula of 3% @ 50 (Section 21362.2). Under the terms of the current Memorandum of Understanding between the City and the Police Officers' Association, individuals hired into the City's police classifications for the first time will not receive the benefit of the 3% @ 50 formula (Section 21363.1). Instead such new hires will receive a benefit of 3% @ 55. Such a change is allowable under Section 20475 (Different Level of Benefits). Environmental Review ✓ N/A Financial Statement Account No. STAFF RECOMMENDATION Recommend adoption of the ordinance. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Ordinance A-200 (9/80) ORDINANCE NO. 2009 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF NATIONAL CITY AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM TO PROVIDE FOR A 3% @ 55 FULL FORMULA BENEFIT FOR LOCAL POLICE MEMBERS ENTERING MEMBERSHIP FOR THE FIRST TIME IN THE POLICE CLASSIFICATION The City Council of the City of National City does ordain as follows: Section 1. That an Amendment to the Contract between the City of National City and the Board of Administration, California Public Employees' Retirement System is hereby authorized, a copy of said amendment being attached hereto, marked as Exhibit "A", and by such reference made a part hereof as though herein set out in full. Section 2. The Mayor is hereby authorized, empowered, and directed to execute said Amendment for and on behalf of the City of National City. Section 3. This Ordinance shall take effect 30 days after the date of its adoption, and prior to the expiration of 15 days from the passage thereof shall be published at least once in the San Diego Union Tribune, a newspaper of general circulation, published and circulated in the City of National City and thenceforth and thereafter the same shall be in full force and effect. - PASSED and ADOPTED this day of , 2010. ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Ron Morrison, Mayor 2. Public Agency shall participate in the Public Employees' Retirement System from and after July 1, 1948 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. 3. Public Agency agrees to indemnify, defend and hold harmless the California Public Employees' Retirement System (CaIPERS) and its trustees, agents and employees, the CaIPERS Board of Administration, and the California Public Employees' Retirement Fund from any claims, demands, actions, losses, liabilities, damages, judgments, expenses and costs, including but not limited to interest, penalties and attorneys fees. that may arise as a result of any of the following: (a) Public Agency's election to provide retirement benefits, provisions or formulas under this Contract that are different than the retirement benefits, provisions or formulas provided under the Public Agency's prior non-CalPERS retirement program. Public Agency's election to amend this Contract to provide retirement benefits, provisions or formulas that are different than existing retirement benefits, provisions or formulas. Public Agency's agreement with a third party other than CaIPERS to provide retirement benefits, provisions, or formulas that are different than the retirement benefits, provisions or formulas provided under this Contract and provided for under the California Public Employees' Retirement Law. (d) Public Agency's election to file for bankruptcy under Chapter 9 (commencing with section 901) of Title 11 of the United States Bankruptcy Code and/or Public Agency's election to reject this Contract with the CalPERS Board of Administration pursuant to section 365, of Title 11, of the United States Bankruptcy Code or any similar provision of law. (e) Public Agency's election to assign this Contract without the prior written consent of the CalPERS' Board of Administration. (f) The termination of this Contract either voluntarily by request of Public Agency or involuntarily pursuant to the Public Employees' Retirement Law. (g) Changes sponsored by Public Agency in existing retirement benefits, provisions or formulas made as a result of amendments, additions or deletions to Califomia statute or to the Califomia Constitution. 4. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members); c. Employees other than local safety members (herein referred to as local miscellaneous members). 5. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: NO ADDITIONAL EXCLUSIONS 6. Prior to January 1, 1975, those members who were hired by Public Agency on a temporary and/or seasonal basis not to exceed 6 months were excluded from PERS membership by contract. Govemment Code Section 20305 supersedes this contract provision by providing that .any such temporary and/or seasonal employees are excluded from PERS membership subsequent to January 1, 1975. 7. This contract shall be a continuation of the contract of the Community Development Commission of the City of National City, hereinafter referred to as "Former Agency". The accumulated contributions, assets and liability for prior and current service under the Former Agency's contract shall be merged pursuant to Section 20508 of the Govemment Code. Such merger occurred May 20, 2008. 8. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment before and not on or after September 17, 2002 shall be determined in accordance with Section 21354 of said Retirement Law (2% at age 55 Full). ", ! -n p'? .. 9. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member in employment on or after September 17, 2002 shall be determined in accordance with Section 21354.3 of said Retirement Law (3% at age 60 Full). 10. The percentage of final compensation to be provided for each year of credited prior and current service as a local fire member and for those local police members entering membership in the police classification on or prior to the effective date of this .amendment to contract shall be determined in accordance with Section 21362.2 of said Retirement Law (3% at age 50 Full). 11. The percentage of final compensation to be provided for each year of credited current service as a local police member entering membership for the first time in the police classification after the effective date of this amendment to contract shall be determined in accordance with Section 21363.1 of said Retirement Law (3% at age 55 Full). 12. Public Agency elected and elects to be subject to the following optional provisions: a. Section 20425 ("Local Police Officer" shall include employees of a police department who were employed to perform identification or communication duties on August 4, 1972 and who elected to be local safety members). b. Section 21222.1 (One -Time 5% Increase - 1970). Legislation repealed said Section effective January 1, 1980. c. Sections 21624 and 21626 (Post -Retirement Survivor Allowance). d. Section 21573 (Third Level of 1959 Survivor Benefits). e. Section 20965 (Credit for Unused Sick Leave). f. Section 21325 (One -Time 3% to 15% Increase For Local Miscellaneous Members Who Retired or Died Prior to January 1, 1974). Legislation repealed said Section effective January 1, 2002. Section 20042 (One -Year Final Compensation). h. Section 20903 (Two Years Additional Service Credit). Section 20475 (Different Level of Benefits). Section 21362.2 (3% @ 50 Full Formula) is applicable to only those local police members entering membership in the police classification on or prior to the effective date of this amendment to contract. Section 21363.1 (3% @ 55 Full Formula) is applicable to local police members entering. membership for the first time in the police classification after the effective date of this amendment to contract. 13. Public Agency, in accordance with Govemment Code Section 20790, ceased to be an "employer" for purposes of Section 20834 effective on January 16, 1977. Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 20834, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20834. 14. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System. 15. Public Agency shall also contribute to said Retirement System as follows: a. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21573 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local miscellaneous members and local safety members. b. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. c. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 16. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 17. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board. B. This amendment shall be effective`dn the day of BOARD OF ADMINISTRATION CITY COUNCIL PUBLIC EMPLOYEES' RETIREMENT SYSTEM CITY OF NATIONAL CITY BY LORI MCGARTLAND, QHIEF EMPLOYER SERVICES DIVISION PUBLIC EMPLOYEES' RETIREMENT SYSTEM BY PRESIDING OFFI., Witnss;3 ate Attest: Clerk AMENDMENT ER# 190 PERS-CON-702A COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT National City, California EETING DATE: Jan 5, 2010 AGENDA ITEM NO. 14 ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $796,957.03 to the City of National City for the period of 11/25/09 through 12/01/09 PREPARED BY: Jeanette Ladrido, 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. J Environmental Review N/A Financial Statement Approve the reimbursement of funds to the City of National City in the amount of $796,957.03 i STAFF RECOMMENDATION Accept and File. BOARD/COMMISSION RECOMMENDATION N/A • ATTACHMENTS (Listed Below) Warrants for the period the period of 11/25/09 through 12/01/09 COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER #22 12/1/2009 DEVELOPMENT COMMISSION PAYEE DESCRIPTION CHK NO DATE AMOUNT CITY OF CHULA VISTA JULY 2009 SERVICES 230394 11/30/09 6,340.50 WELLS FARGO BANK CREDIT CARD EXPENSES - REDEV 230395 11/30/09 887.92 WELLS FARGO BANK CREDIT CARD EXPENSES - REDEV 230396 11/30/09 49.04 AGUIRRE REIMB-HOME PROGRAM TRAINING 230397 12/1/09 208.95 BEARD REIMB-EPA CONFERENCE 230398 12/1/09 845.20 CITY OF CHULA VISTA PLANS AND SPECIFICATIONS 230399 12/1/09 1,022.00 EDCO DISPOSAL CORPORATION WASTE DISPOSAL FOR CDC 230400 12/1/09 104.75 FEDEX EXPRESS MAIL COURIER SERVICES 230401 12/1/09 51.18 LASER SAVER INC MOP 45725 INK CARTRIDGE-S8 230402 12/1/09 146.76 MYKIE'S LAWN & POWER EQUIPMENT STARTER ROPE 230403 12/1/09 4.28 OPPER & VARCO HARBOR DISTRICT/ACE METALS 230404 12/1/09 1,178.00 PALMER PAINTING CO PAINTING STOREFRONT - 929 NC BLVD 230405 12/1/09 735.00 PETERSON LIGHTING PRODUCTIONS HOLIDAY LIGHTS AT MORGAN SQUARE 230406 12/1/09 3,500.00 PRUDENTIAL OVERALL SUPPLY MOP 45742 UNIFORMS -NEIGHBORHOOD 230407 12/1/09 53.36 SAN DIEGO TROLLEY INC FLAGGING SERVICE 10/28/09 230408 12/1/09 83.36 SDG&E 1615E 4TH ST 10/21-11/20/09 230409 12/1/09 24.07 "T4PLES ADVANTAGE MOP 45704 OFFICE SUPPLIES -FINANCE 230410 12/1/09 74.67 IEETWATER AUTHORITY WATER FACILITIES/MARINA GATEWAY 230411 12/1/09 20,240.00 u S BANK CORPORATE PAYMT SYS CREDIT CARD EXPENSES - REDEV 230412 12/1/09 192.61 VERONICA TAM & ASSOCIATES AGREEMENT TO PREPARE CAPER 230413 12/1/09 131.25 VISTA PAINT MOP 68834 PAINT -NEIGHBORHOOD 230414 12/1/09 449.89 CITY OF NATIONAL CITY PETTY CASH OCT 2009 230430 12/1/09 5.00 SALAZAR INSPECTOR CERTIFICATION 230489 12/1/09 180.00 THE EPLER COMPANY GASB ACTUARIAL VALUATION 230499 12/1/09 1,418.75 VERIZON WIRELESS S8 WIRELESS SVS 9/24 - 10/23/09 230504 12/1/09 6.69 SECTION 8 Start Date End Date SECTION 8 HAPS PAYMENTS 11/25/2009 11/3/2009 PAYROLL Pay period Start Date End Date Check Date 22 10/6/2009 10/ 19/2009 10/28/2009 AIP Total S 37,933.23 673,739.06 85,284.74 GRAND TOTAL $ 796,957.03 COMMUNITY DEVELOPMENT COMMISSION Warrant Register # 22 12/1/2009 502 SECTION 8 FUND 505 HOME FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 695,538.69 1,495.53 97, 092.37 2,830.44 796,957.03 EETING DATE: Jan 5, 2010 COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT National City, California AGENDA ITEM NO, 15 ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $27,092.74 to the City of National City for the period of 12/02/09 through 12/08/09 PREPARED BY: Jeanette Ladrid EXPLANATION: DEPARTMENT Finance Finance Directo (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 $ 7,092.74 STAFF RECOMMENDATION Accept and File. BOARD/COMMISSION RECOMMENDATION N/A 'ACHM fisted Below) Warrants for the period the period of 12/02/09 through 12/08/09 +k- GALIFORNIA, NATi o.cq ...� rNCORPORATED COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER #23 12/8/2009 PAYEE DESCRIPTION CHK NO DATE AMOUNT BEST BEST & KRIEGER LLP EXPERT & CONSULTANT SERVICES 230507 12/8/09 2,324.26 CHRISTENSEN & SPATH LLP LEGAL SERVICES 230508 12/8/09 4,680.67 GEOSYNTEC CONSULTANTS ENVIRONMENTAL CONSULTING SVCS 230509 12/8/09 136.22 KEYSER MARSTON ASSOC ECONOMIC CONSULTING 230510 12/8/09 6,626.86 LAWYERS TITLE EXPERT & CONSULTANT SERVICES 230511 12/8/09 450.00 RICK ENGINEERING COMPANY COPYING PLANS 230512 12/8/09 17.70 COUNTY OF SAN DIEGO MAIL PROCESSING SERVICES 230537 12/8/09 1,007.14 KAISER FOUNDATION HEALTH PLANS KAISER INS ACTIVE DES 2009 230559 12/8/09 129.84 STRATACOM CDC SECTION 8 #10 WINDOW ENVELOPES 230588 12/8/09 684.84 XEROX CORPORATION XEROX COPIER LEASE 230603 12/8/09 807.70 CCH GOVERNMENTAL GAAP GUIDE 2010 230605 12/8/09 134.03 SECTION 8 " ":„*TION 8 HAPS PAYMENTS Start Date End Date 12/2/2009 12/8/2009 A/P Total $ 16,999.26 10, 093.48 GRAND TOTAL $ 27,092.74 COMMUNITY DEVELOPMENT COMMISSION Warrant Register # 23 12/8/2009 502 SECTION 8 FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 12,593.16 13,793.91 705.67 27,092.74 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE January 5, 2010 AGENDA ITEM NO. 16 / ITEM TITLE A resolution approving the Summary Report pertaining to the proposed sale of property owned by the Community Development Commission at 1640 E. Plaza Boulevard (California Redevelopment Law Section 33433). PREPARED BY DEPARTMENT Patricia Beard (ext 4255) \, Redevelopment Division )t------72r-(Th Redevelopment Manager EXPLANATION On January 10, 2006, the CDC entered into an Exclusive Negotiation Agreement ("ENA") with the Acevedo Group to develop a project on property it owned on Plaza Boulevard and an adjacent CDC -owned property (former Days Inn site) located at1640 E. Plaza Boulevard. Said ENA was subsequently amended and assigned to Palm Plaza Associates, LLC, who's principal is The Mar Group of Del Mar. California's Redevelopment Law requires the CDC to approve a Summary Report on the financial aspects of the transaction prior to considering the actual transaction. The Background Report to this staff report explains CDC expenditures on the Days Inn site since its acquisition. The Summary Report, itself, explains the transaction value considerations. The redevelopment project and potential purchase and sale will be further described in an upcoming staff report for a Purchase and Sale Agreement. The Public has been invited to comment on the transaction at a Public Hearing on January 19 prior to City Council and CDC consideration of moving forward. The action tonight is solely for the purpose of proving the report so it can be placed in the City Clerk's office for public review. Environmental Review Environmental review per the California Environmental Quality Act was considered by the City Council in advance of consideration of a Purchase and Sale Agreement. Financial Statement A developer's deposit of $25,000 was originally received for this project, of which $17,591.28 has been spent to date on eligible expenses per the ENA. A final accounting, with either additional billing or refund, will take place once final invoices have been received from CDC consultants for the project. Account Number 500-598-3932 STAFF RECOMMENDATION Adopt the resolution. BOARD / COMMISSION RECOMMENDATION Not applicable. STRATEGIC GOAL 2a) Work with qualified developers of key development opportunities. J ATTACHMENTS 1. Background Report 2. Summary Report 3 Resolution No. RESOLUTION NO. 2010 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY APPROVING THE SUMMARY REPORT PERTAINING TO THE PROPOSED SALE OF PROPERTY OWNED BY THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AT 1640 EAST PLAZA BOULEVARD (CALIFORNIA REDEVELOPMENT LAW SECTION 33433) WHEREAS, the Community Development Commission ("CDC") owns 1.066 acres ofland at 1640 East Plaza Boulevard within the National City Redevelopment Project area; and WHEREAS, Palm Plaza Associates, LLC owns 1.144 acres of land at 1300 Palm Avenue contiguous with the CDC land; and WHEREAS, Palm Plaza Associates, LLC desires to acquire the CDC land to develop a multi family housing project consisting of 72 market rate condominiums; and; WHEREAS, the proposed sale of the CDC land has been analyzed as required under Section 33433 of the California Redevelopment Law; and WHERAS, this analysis is attached as an exhibit to this Resolution as Exhibit A; NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby adopts the Resolution approving the Summary Report pertaining to the proposed sale of property owned by the Community Development Commission at 1640 East Plaza Boulevard (California Redevelopment Law Section 33433). PASSED and ADOPTED this 5th day of January, 2010. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III Legal Counsel ATTACHMENT t BACKGROUND REPORT The attached Summary Report, in Section II shows CDC costs of $4,321,000 and an anticipated sale price of the former Days Inn site at 1640 E. Plaza Boulevard of $1,823,000. This Background Report explains the expenses incurred on the CDC property acquisition that are not considered part of the fair market property value and that cannot be recovered in the sale price. In August, 2004 National City Hotels acquired the former Days Inn site for $3,775,000. In March, 2004 National City Hotels had entered a Put Option Agreement with the CDC; this Agreement allowed the CDC to purchase the site should National City Hotels not be able to obtain additional property and land use entitlements for a mixed use project it desired to build on the site. National City Hotels ("NCH") unsuccessfully tried to acquire additional land and obtain entitlements and in October, 2005 the Put Option was exercised. The CDC spent $4,394,343 which included: • NCH original purchase price; • NCH's closing costs and prorations per the Put Option Agreement; • Costs for a Phase I environmental investigation; ▪ 50-percent of the demolition cost for the hotel; • A termination fee paid to the Days Inn franchiser; and • An 8-percent mark up. Subsequently in 2008 the CDC was able to be reimbursed approximately $88,000 plus interest from escrow for the demolition costs, which it completed rather than NCH having demolish the hotel structure. The value of the prior hotel, the franchise termination fee nor the cost of demolition included in CDC's acquisition costs can be accounted for in the price of cleared land now available for redevelopment. The fair market value of the cleared land, as stated in the Summary Report, is $1,823,000. NATIONAL CITY REDEVELOPMENT PROJECT NATIONAL CITY, CALIFORNIA SUMMARY REPORT PERTAINING TO THE PROPOSED SALE OF CERTAIN PROPERTY WITHIN THE NATIONAL CITY REDEVELOPMENT PROJECT AREA California Community Redevelopment Law Section 33433 PURSUANT TO PROPOSED PURCHASE AND SALE AGREEMENT BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND PALM PLAZA ASSOCIATES, LLC Community Development Commission of the City of National City National City, California October 2009 TABLE OF CONTENTS Page I. Introduction 1 II. Costs of the Agreement to the Commission 4 III. Estimated Value of the Interest to be Conveyed at the Highest and Best Use Permitted Under the Redevelopment Plan 5 IV. Estimated Value of the Interest to be Conveyed at the Use and with the Conditions, Covenants, and Development Costs Required by the Sale of the Seller Property 6 V. Compensation which Purchaser will be Required to Pay 7 VI. Explanation of the Difference, if any, between the Compensation to be Paid to the Commission by the Proposed Transaction and the Fair Market Value of the Interest to be Conveyed at the Highest and Best Use Consistent with the Redevelopment Plan 8 VII. Explanation of why the Sale of the Property will Assist with the Elimination of Blight 9 I. INTRODUCTION A. Purpose of Report This Summary Report was prepared in accordance with Section 33433 of the California Community Redevelopment Law in order to inform the Community Development Commission of the City of National City (Commission) and the public about the proposed transaction between the Commission and Palm Plaza Associates, LLC (Purchaser). The Report describes and specifies: 1. The costs to be incurred by the Commission under the Purchase and Sale Agreement (Agreement); 2. Estimated value of the interest to be conveyed at the highest and best use permitted under the Redevelopment Plan; 3. The estimated value of the interest to be conveyed at the proposed use and with the conditions, covenants, and development costs required by the sale of the Seller Property; 4. The compensation to be paid to the Commission pursuant to the proposed transaction; 5. An explanation of the difference, if any, between the compensation to be paid to the Commission under the proposed transaction, and the fair market value at the highest and best use consistent with the Redevelopment Plan; and 6. An explanation of why the sale of the Seller Property will assist with the elimination of blight. B. Description of Area and Proposed Project The Site is located within the National City Redevelopment Project Area (Project Area). The Project Area encompasses approximately 2,000 acres. Goals of the Redevelopment Plan (Plan) are to keep businesses and jobs in the area, creating and improving public facilities in the area, and improving the community's supply of affordable, quality housing. Since the adoption of the Plan, numerous redevelopment ventures have been, and continue to be, carried out by public agencies, non-profit institutions, and private developers in National City. The Commission continues its efforts to revitalize the Project Area with projects such as: the National City Fire Station and Police Center, the City Library, Education Village, Harbor View Condos, and Centro Condos. Summary Report Palm Plaza 09156ndh 16104.006.022 Page 1 The Seller Property is a 1.07-acre site located on the south side of Plaza Boulevard, east of Palm Avenue, and west of Interstate 805 in the city of National City. The Seller Property is an approximate 25-SF sloped portion of land on the southwest corner of the parcel. The Purchaser intends to build 72 market -rate dwelling units (Project) on two parcels of land totaling 2.21 acres, as follows: Ownership Location Site Size Seller Property Commission 1640 East Plaza Blvd. 1.07 Acres Purchaser Property Purchaser 1300 Palm Avenue 1.14 Acres Total 2.21 Acres C. Proposed Transaction Terms This section summarizes the salient aspects contained in the Purchase and Sale Agreement (Agreement) between the Commission and Purchaser. • The Commission will convey the Seller Property parcel to the Purchaser for $1,823,000 (Purchase Price). • The Purchase Price will accrue fair market interest during the period between the Effective Date and the close of escrow. The Effective Date will be the date that the last of the following occurs: o The Agreement has been executed by the Purchaser and delivered to the Seller; o The Agreement has been formally approved by resolution of the Seller's Board; and o The Agreement has been executed by the Seller and delivered to the Purchaser. • In addition to the Purchase Price, the Purchaser will pay interest at a rate of 1.3% beginning on the Effective Date through the close of escrow. • The Purchaser will deposit into an escrow account a good faith deposit equal to $54,690. The deposit will be applied to the Purchaser purchase price at the close of escrow. Summary Report Palm Plaza 09156ndi 16164.006.022 Page 2 • The Purchaser will accept the Seller Property in an "as is" condition. • The Purchaser will construct 72 market -rate dwelling units on the 2.21-acre site comprised of the Seller Property and the Purchaser Property. Summary Report Palm Plaza 09156ndh 16104.006.022 Page 3 II. COSTS OF THE AGREEMENT TO THE COMMISSION The estimated costs of the Agreement to the Commission total $4,296,000, and include the following items: Acquisition -Related Costs Amount Site Acquisition $3,775,000 Commission Third Party and Other Costs (2) $546,000 Subtotal Commission Costs $4,321,000 (Less) Purchaser ENA Deposit ($25,000) Total Commission Costs $4,296,000 (1) Includes maintenance/holding costs, appraisal, escrow costs, fees paid to the previous property owner, franchise fees, inspection reports, legal and economic consultants, and other third -part soft costs. Sources: Commission, Keagy Real Estate appraisal dated February 2006. Summary Report Palm Plaza 09156ndh 16104.006.022 Page 4 III. ESTIMATED VALUE OF THE INTEREST TO BE CONVEYED AT THE HIGHEST AND BEST USE PERMITTED UNDER THE REDEVELOPMENT PLAN This section presents an analysis of the fair market value of the Seller Property at its highest and best use. In appraisal terminology, the highest and best use is that use of the Seller Property that generates the highest property value and is physically possible, financially feasible, and legally permitted. Therefore, value at highest and best use is based solely on the value created and not on whether or not that use carries out the redevelopment goals and policies for the City of National City. By definition, the highest and best use is that use which is physically possible, financially feasible, and legally permitted. The Seller Property is zoned General Commercial - Planned Development (CG-PD). CG-PD allows for high intensity commercial and complementary development along major roadways and in community shopping complexes. Compatible residential development of no more than one unit per 1,250 square feet (SF) of lot area is also permitted. KMA undertook a review of available appraisals and comparable land sales in order to determine the fair market value of the Seller Property. KMA first reviewed the appraisal done for the Commission and conducted by Keagy Real Estate with a date of value of February 24, 2006. The appraisal states the Seller Property's optimal utility is for a residential condominium development, which would be subject to issuance of a conditional use permit. Keagy Real Estate relied on the comparable sales approach to value, with a conclusion of value for the Seller Property of $2,135,000, or $45 per SF of land. In addition, KMA undertook its own review of selected land sales in the City of National City and surrounding communities. Table 1 summarizes the KMA review of land sales. The KMA survey focused on sales of sites for the time period from January 2008 to the present. As shown in the table, sales prices ranged from $14 to $131 per SF of land. The median and average sales price were $43 and $55 per SF of land, respectively. The appraised value determined by Keagy Real Estate falls slightly below the average sales price of the comparables. At the present time, new real estate development ventures are severely hampered by depressed market demand, market oversupply, impaired financing markets, and a gloomy outlook for the national economy. As such, land values have declined in recent years, and a downward adjustment is therefore appropriate. On this basis, then, KMA believes that a reduction from the appraised value on the order of 15% is warranted. KMA concludes that the fair market value of the Seller Property at its highest and best use is $1,823,000, or $39 per SF of land. Summary Report Palm Plaza 09156ndh 16104.006.022 Page 5 IV. ESTIMATED VALUE OF THE INTEREST TO BE CONVEYED AT THE USE AND WITH THE CONDITIONS, COVENANTS, AND DEVELOPMENT COSTS REQUIRED BY THE SALE OF THE SELLER PROPERTY Re -use value is defined as the highest price in terms of cash or its equivalent, which a property or development right is expected to bring for a specified use in a competitive open market, subject to the conditions, covenants, and development costs imposed by the Agreement. Since there are no extraordinary covenants, conditions, or restrictions delineated in the Agreement, KMA concludes that the fair re -use of the Seller Property is equal to its fair market value at highest and best use, or $1,823,000. Summary Report Palen Plaza 09156ndh 16104.006.022 Page 6 V. THE COMPENSATION WHICH PURCHASER WILL BE REQUIRED TO PAY The estimated value of the compensation to be received by the Commission for the Seller Property is $1,823,000. Summary Report Palm Plaza 09156ndh 16104.006.022 Page 7 VI. EXPLANATION OF THE DIFFERENCE, IF ANY, BETWEEN THE COMPENSATION TO BE PAID TO THE COMMISSION BY THE PROPOSED TRANSACTION AND THE FAIR MARKET VALUE OF THE INTEREST TO BE CONVEYED AT THE HIGHEST AND BEST USE CONSISTENT WITH THE REDEVELOPMENT PLAN The fair market value of the interest to be conveyed at its highest and best use is estimated by KMA to be $1,823,000. The value of the compensation to be received by the Commission is $1,823,000. The compensation to be paid to the Commission is equal to the fair market value of the interest to be conveyed at its highest and best use. Summary Report Palm Plaza 09156ndh 16104.006.022 Page 8 VII. EXPLANATION OF WHY THE SALE OF THE SELLER PROPERTY WILL ASSIST WITH THE ELIMINATION OF BLIGHT The Redevelopment Plan for the National City Redevelopment Project Area governs the Seller Property. In accordance with Section 33490 of the California Community Redevelopment Law, the Plan contains the goals and objectives and the projects and expenditures proposed to eliminate blight within the Project Area. Implementation of the Agreement can be expected to assist in the alleviation of blighting conditions through the following: • Eliminate factors hindering economically viable uses. • Eliminate unsafe and unhealthy buildings. • Eliminate incompatible uses. • Provide environmental remediation. Summary Report Palm Plaza 09156ndh 16104.006.022 Page 9 TABLE 1 SELECTED LAND SALES, SAN DIEGO COUNTY, JANUARY 2008 TO PRESENT (1) PALM PLAZA COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY Sale Date Address 05/29/09 05/19/09 05/19/09 05/14/09 07/24/08 03/21/08 3302 32nd Street Reo Drive @ Albemarle 1845 Island Avenue 2504 Highland Avenue 1133 E. Plaza Blvd. 309-311 Highland Avenue Ceti ( Sale Price Acres SF $!SF Intended Use San Diego $325,000 0.20 8,499 $38 Hold for development San Diego $179,214 0.30 13,125 $14 Commercial San Diego $490,000 0.23 10,193 $48 Mixed -use development National City $332,500 0.39 16,988 $20 Multi -family development National City $2,900,000 0.51 22,216 $131 Commercial National City $850,000 0.24 10,454 $81 Mixed -use development Minimum $179,214 0.20 8,499 $14 Maximum $2,900,000 0.51 22,216 $131 Median $411,250 0,27 11,790 $43 Average $846,119 0.31 13,579 $55 Source: CoStar Comps, Inc. Prepared by: Keyser Marston Associates, Inc. Filename: i:National City\Comps_2009;10/21/2009;rks ITEM #17 1/05/2010 CLOSED SESSION REPORT (CITY ATTORNEY)