HomeMy WebLinkAbout2010 01-19 CC CDC AGENDA PKTAgenda Of A Regular Meeting - National City City Council /
Community Development Commission of the City of National City
Council Chambers
Civic Center
1243 National City Boulevard
National City, California
Regular Meeting - Tuesday — January 19, 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 interpretaci&n en espanol se proporciona durante sesiones del Consejo Municipal. Los audi6fonos
estan disponibles en el pasillo al principio de la junta.
Council Requests That All Cell Phones
And Pagers Be Turned Off During City Council Meetings
COPIES OF THE CITY COUNCIL OR COMMUNITY DEVELOPMENT COMMISSION MEETING AGENDAS AND MINUTES
MAY BE OBTAINED THROUGH OUR WEBSITE AT www.nationalcityca.qov
CITY COUNCIUCOMMUNITY
DEVELOPMENT COMMISSION AGENDA
1-19-2010 - Page 2
INTERVIEWS/APPOINTMENTS
1. Interviews and Appointments: Civil Service Commission (City Clerk)
CITY COUNCIL
CONSENT CALENDAR
Consent Calendar: Consent calendar items involve matters, which are of a routine
or noncontroversial nature. All consent calendar items are adopted by approval of a
single motion by the City Council. Prior to such approval, any item may be removed
from the consent portion of the agenda and separately considered, upon request of
a Councilmember, a staff member, or a member of the public.
2. Approval of the Minutes of the Regular City Council/Community Development
Commission Meeting of December 1, 2009. (City Clerk)
3. Resolution of the City Council of the City of National City to approve, accept,
and file with the County Recorder a Subdivision Map for San Diego Habitat for
Humanity located at 18th Street and G Avenue, that includes street dedication
for public right-of-way and naming of a parcel of land at 18th Street and G
Avenue. (Case File No. 2008-20 S, PD, IS). (Development
Services/Engineering Division)
4. Resolution of the City Council of the City of National City: 1) accepting and
approving work performed by Crest Equipment, Inc. for the final contract
amount of $194,890.00, 2) ratify the filing of the Notice of Completion with the
County Recorder, and 3) releasing the retention amount of $19,489.00 for the
National City Concrete Improvements at Various Locations Project. (Funded
through CDBG and CDBG-R Funds). (Development Services/Engineering
Division)
5. Resolution of the City Council of the City of National City authorizing the
submission of an application to the California Department of Housing and
Community Development for the Catalyst Projects for California Sustainable
Strategies Pilot Program. (Community Development/Housing and Grants
Division)
CITY COUNCIL/COMMUNITY
DEVELOPMENT COMMISSION AGENDA
1-19-2010 - Page 3
CONSENT CALENDAR (Cont.)
6. WARRANT REGISTER #24
Warrant Register #24 for the period of 12/09/09 through 12/15/09 in the amount of
$1,741,412.33. (Finance)
7. WARRANT REGISTER #25
Warrant Register #25 for the period of 12/16/09 through 12/22/09 in the amount
of $398,013.63. (Finance)
8. WARRANT REGISTER #26
Warrant Register #26 for the period of 12/23/09 through 12/29/09 in the amount
of $1,892,044.00. (Finance)
PUBLIC HEARING
9. Public Hearing — Public Hearing to consider the proposed sale of property
owned by the Community Development Commission at 1640 E. Plaza
Boulevard to Palm Plaza Associates, LLC (California Health & Safety Code
Section 33433). (Redevelopment Division) **Companion Items #13 and #21**
10. Public Hearing: Presentation of the Final Draft of the Public Participation Plan
(PPP) for the U.S. Department of Housing and Urban Development Five -Year
Consolidated Plan. (Community Development/Housing and Grants Division)
**Companion Item #11**
NON CONSENT CALENDAR
11. Resolution of the City Council of the City of National City adopting a Public
Participation Plan (PPP) required for the Five -Year Consolidated Plan to the
U.S. Department of Housing and Urban Development. (Community
Development/Housing and Grants Division) **Companion Item #10**
CITY COUNCIL/COMMUNITY
DEVELOPMENT COMMISSION AGENDA
1-19-2010 - Page 4
NON CONSENT CALENDAR (Cont,)
12. Resolution of the City Council of the City of National City authorizing the Mayor
to execute a Grant Agreement for a maximum amount of $2,000,000 between
the San Diego Association of Governments (SANDAG) and the City of National
City for the 8th Street Corridor Smart Growth Revitalization Project (Funded by
the TransNet Smart Growth Incentive Program for $2,000,000 and matching
funds by Tax Increment Fund of $500,000 and Rule 20A for SDG&E Utility
Undergrounding of $1,000,000). (Development Services/Engineering Division)
13. Resolution of the City Council of the City of National City approving the sale of
real property owned by the Community Development Commission of the City of
National City located at 1640 E. Plaza Boulevard to Palm Plaza Associates,
LLC, and making certain findings in connection therewith. (City Attorney)
**Companion Items #9 and #21**
14. City of National City Comprehensive Annual Financial Report for the Fiscal Year
Ended June 30, 2009. (Finance)
15. City of National City's Single Audit Report on Federal Awards for the Fiscal Year
Ended June 30, 2009. (Finance)
NEW BUSINESS
16. Notice if Decision — Planning Commission approval of a Conditional Use Permit
application to allow a mixed residential/commercial use at a site containing an
existing residential use and to allow an exception for the parking requirements
at 832 E. Avenue. (Applicant: COPAO) (Case File 2009-15 CUP)
(Development Services/Planning Division)
COMMUNITY DEVELOPMENT COMMISSION
CONSENT CALENDAR
17. Authorize the reimbursement of Community Development Commission
expenditures in the amount of $121,902.31 to the City of National City for the
period of 12/09/09 through 12/15/09. (Finance)
CITY COUNCIUCOMMUNITY
DEVELOPMENT COMMISSION AGENDA
1-19-2010 - Page 5
CONSENT CALENDAR (Cont.)
18. Authorize the reimbursement of Community Development Commission
expenditures in the amount of $36,016.35 to the City of National City for the
period of 12/16/09 through 12/22/09. (Finance)
19. Authorize the reimbursement of Community Development Commission
expenditures in the amount of $200,251.19 to the City of National City for the
period of 12/23/09 through 12/29/09. (Finance)
20. Report: A quarterly update on efforts funded by current grants from the US
Environmental Protection Agency (EPA), including $200,000 for environmental
assessments in the Westside Specific Plan area, $1,000,000 for a Brownfield
Revolving Loan Fund, and an in -kind services grant recently completed.
(Redevelopment Division)
NON CONSENT CALENDAR
21. Resolution of the Community Development Commission of the City of National
City (CDC) authorizing the Chairman to execute a Purchase and Sale
Agreement for $1,823,000 with Palm Plaza Associates, LLC to develop a 72-
unit multi -family housing project in part on property owned by the Community
Development Commission at 1640 East Plaza Boulevard. (Redevelopment
Division) **Companion Items #9 and #13**
22. Community Development Commission of the City of National City's Financial
Statements and Supplemental Information for the Fiscal Year Ended June 30,
2009. (Finance)
STAFF REPORTS
23. Grants Update. (Housing & Grants)
24. Policy and practices regarding businesses impacted by fire damage.
(Development Services/Building)
25. Clarification of Solar Permit Fees. (Development Services/Building)
CITY COUNCIL/COMMUNITY
DEVELOPMENT COMMISSION AGENDA
1-19-2010 - Page 6
STAFF REPORTS (Cont.)
26. Closed Session Report. (City Attorney)
MAYOR AND CITY COUNCIL
ADJOURNMENT
Adjourned Regular City Council Meeting - Budget Workshop — Saturday —
January 30, 2010 — 9`00 a.m. — Kimball Senior Center - 1221 "D" Avenue,
National City, California
Regular City Council and Community Development Commission Meeting -
Tuesday — February 2, 2010 - 6:00 p.m. - Council Chambers - National City,
California
City of National City, California
COUNCIL AGENDA STATEMENT
.MEETING DATE January 19, 2010 AGENDA ITEM NO.
1
(ITEM TITLE INTERVIEWS AND APPOINTMENTS: Civil Service Commission
PREPARED BY Michael R. Dalla J DEPARTMENT City Clerk
EXPLANATION
There are currently three vacancies on the Civil Service Commission. Notice of the vacancies has
been posted and was advertised in the Union -Tribune on December 11th and 18`h
Five applications have been received. All of the applicants have been invited to be present and
available for an interview.
It is important to note that, due to the inability to raise a quorum, all matters of business before the
Civil Service Commission are being held in abeyance. The City Council has the discretion to fill one or
more of the current vacancies at the January 19th meeting.
Copies of all applications are attached.
Environmental Review X N/A
Financial Statement
None.
Approved By:
Finance Director
Account No.
STAFF RECOMMENDATION
It is recommended that the Council take action to fill the current vacancies on the Civil Service
Commission. (The appointing authority is the City Council)
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below) Resolution No.
1. Applications
A-200 (9/99)
CITY OF NATIONAL CITY
APPLICATION FOR APPOINTMENT
TO CITY BOARDS, COMMISSIONS, AND COMMITTEES
x Civil Service Commission
Community & Police Relations Commission*
Library Board of Trustees
Parks, Recreation & Senior Citizens Advisory Board
Planning Commission
Public Art Committee'
Traffic Safety Committee
Note: Applicants must be residents of the City of National City except for those marked by an *
Name: R. YOLANDA CORDOVA
Home Address: 2718 RIDGEWAY DRIVE, NATIONAL CITY CA 91950 Tel. No.: 619-232-3486
Btlsiftess-Affitiation. San Diego Commerce Title: Legal Publications Manager.
enn pfoy�r
Business Address: 2652 4'h Avenue, San Diego, CA 92103 Tel. No.: 619-232-3486
Length of Residence in National City: 3 years San Diego County: 44 California: 54
Educational Background: High School Graduate/Business Major -never received the certification,
from Southwestern College/Tax Preparer for 7 years/Paralegal training in probate estate planning
Occupational Experience: Legal Publications/ probate/civil summons/ name changes/ ordinances,
hearings/newspaper experience for 18 years.
Professional or Technical Organization Memberships: member of the San Diego Bar Association
Estate Planning and Senior Law -sections
Civic or Community Experience, Membership, or Previous Public Service Appointments:
None /in 2007 I worked the voting polls as a volunteer
Experience or Special Knowledge Pertaining to Area of Interest:
None
Have you ever been convicted of a crime? N
Datc:12/18/2009 Signature:
Please feel free to provide additional information or letters of endorsement.
Please return completed form to:
Office of the City Clerk
1243 National City Blvd, National City, CA 91950
Thank you for your interest in serving the City of National City.
* Residency requirements may not apply
This documents is filed as a public document
Revised: October 1, 2009
CITY OF NATIONAL CITY
APPLICATION FOR APPOINTMENT
TO CITY BOARDS, COMMISSIONS AND COMMITTEES
�"Building Advisory& Ap
peals Board'
•
_) Civil Service Commission
Community & Police Relations Commission'
Housing & Community Development Commitlee
Library Board of Trustees
Military, Civic and Special Events Advisory Board
Parks & Recreation Advisory Board
Planning Commission
Port Commission
Public Art Committee'
San Diego County Water Authority
Senior Citizens Advisory Board
Street Tree & Parkway Committee
_ Serra Library System Advisory Board
Sweetwater Authority
_ Traffic Safety Committee
Note: Applicants(``must be residents of the City of National City except for those marked by an *
Name: !1 S. C s)urAne .___
Home Address: �Q$ K L�v�•Av� Tel. No: Gks 1411/ ']_
Business Affiliation:Ter R. F
tag i�� D .0 s Title: Print ipca / 6soKtr
Business Address:(S4 3r-4 Aue I Sr4r F Gkv� (/,-siv, C,4 Tel. No.: LLq ar_7_42 6LgO
gtlto
Yrf
Length of residence in National Cily: 3p--35 San Diego County:3o 3ryis California: 30 - 3S yrs
ducational Background: ffLA , J D
Occupational Experience. (i y X rr_ c.Ict,
-C�ri�1x+� I�r JlST• �• bN
Professional or technical organization memberships:
Civic or community experience, membership, or previous public service appointments:
PAL' l�la,r...:,r,c9Cr�. 1�ii��e for &IF C1►i_ldU :, t� F_m:n e++ (ip,Mt:�nissJeS
Experience or special knowledge pertaining to area of interest:
- Le —cool -- SQv s z v►rgs ton c ct roizeck
Have you ever been convicted of a crime? No _X _
Date: if L(f Signature:
+ Please feel free to provide additional information or letters of endorsement.
Please return completed form to:
City Clerk's Office
1243 National City Blvd, National City CA 91950
Thank you for your interest in serving the City of National City
`Residency requirements may not apply
This document is filed as a public document
Revised March 7. 2007
CITY OF NATIONAL CITY
APPLICATION FOR APPOINTMENT
TO CITY BOARDS, COMMISSIONS AND COMMITTEES
Building Advisory & Appeals Board*
I Civil Service Commission
Community & Police Relations Commission*
Housing & Community Development Committee
Library Board of Trustees
Military, Civic and Special Events Advisory Board
Parks & Recreation Advisory Board
Planning Commission
Port Commission
Public Art Committee*
San Diego County Water Authority
Senior Citizens Advisory Board
Street Tree & Parkway Committee
Serra Library System Advisory Board
Sweetwater Authority
Traffic Safety Committee
Note: Applicants must be residents of the City of National City except for those marked by an *
Name: G �� �L .,r� S 4-C-oLi
Horne Address: Z 'It et NI v¢ i-. t K. CT / IA • c `t IS so Tel. No.: /7) t — S k S - S ? y3
Business Affiliation: li +y o C Title:
Business Address: Z- 7 to (-I4-L A✓{--r C fk�tA- ✓ 54-* Tel. No.: b I � - S VS
Length of residence in National City: 3 14 San Diego County: 2- G California: -2- 1
iucationat Background: G ; r ,. ; 4-1 - 11 • A i� g
C it . C �-,.�-t� vn.1 �-a,s:�-l-I-
mrra
Occupational Experience: 1-k-1_- r2€.-
'6e_ AC.- t1 I Ex ky
Professional or technical organization memberships: Z+''
Civic or community experience, membership, or previous public service appointments:
XA y kt....4-1., rz >: ,�s 1 S 1 cis n c
Experience or special knowledge pertaining to area of interest:
__J + x f7t, t' cg ter= t A- 5 --
Have you ever been convicted of a crime? No ± Yes
Date:
1 2 , '1, 0ci
Signature:
Please feel free to provide additional information or letters of endorsement.
Please return completed form to:
City Clerk's Office
1243 National City Blvd, National City CA 91950
Thank you for your interest in serving the City of National City
*Residency requirements may not apply
This document is filed as a public document
to vs4-
Revised March 7, 2007
9
CITY OF NATIONAL CITY
APPLICATION FOR APPOINTMENT
TO CITY BOARDS, COMMISSIONS, AND COMMITTEES
X Civil Service Commission
Community & Police Relations Commission*
Library Board of Trustees
Parks, Recreation & Senior Citizens Advisory Board
Planning Commission
Public Art Committee*
Traffic Safety Committee
Note: Applicants must be residents of the City of National City except for those marked by an *
Name:
MARTINEZ,MARTIN
Home Address: 1703 ALPHA ST. NATIONAL CITY Tel. No: 619-264-6044
Business Affiliation: MARTINEZ MAINTANANCE Title: LEAD
Business Address: 1703 ALPHA ST. NATIONAL CITY Tel.
No.: 619-415-4114
Length of Residence in National City: 35 +. San Diego County: 35 + California:
Educational Background: ATTENDED SEVERAL CLASSES AT SOUTHWESTERN COLLEGE
Occupational Experience: UNION REPRESENTATIVE DELT WITH ISSUES SUCH AS LABOR
NEGOTIATIONS AND CONTRACTS.
Professional or Technical Organization Memberships: NORTH ISLAND HISPANIC ASSOCIATION (
NIHA) . BOYS AND GIRLS CLUB OF NATIONAL CITY. SOCCER ASSISTANT
Civic or Community Experience, Membership, or Previous Public Service Appointments: MANY
YEARS OF VOLUNTEER IN THE CITY OF NATIONAL CITY AND SAN DIEGO COUNTY.
Experience or Special Knowledge Pertaining to Area of Interest: EXPERIENCE IN LABOR
CONTRACTS AND NEGOTIATIONS FOR MANY DIFFERENT ISSUES.
He you ever been convicted of a came? No: X
Date: January 11. 2010 Signature:
c
---i N
O
Please feel free to provide additional information or letters of endorsesent. ` (-,
Please return completed form to: m — c)
— nrri
Office of the City Clerk 5 r <
1243 National City Blvd, National City, CA 91950 -C rrlrn
v 73 Q
N
Thank you for your interest in serving the City of National City.
:v
CITY OF NATIONAL CITY
APPLICATION FOR APPOINTMENT
TO CITY BOARDS, COMMISSIONS, AND COMMITTEES
X Civil Service Commission
Community & Police Relations Commission*
Library Board of Trustees
Parks, Recreation & Senior Citizens Advisory Board
Planning Commission
Public Art Committee*
Traffic Safety Committee
Note: Applicants must be residents of the City of National City except for those marked by an *
Name: WILLIAM J. SENDT
Home Address: 710 Rachael Ave., National City Tel. No.: 475 - 2246 (H); 609-4188 (C)
Business Affiliation: NAVY DRUG SCREENING LABORATORY SAN DIEGO Title: Quality
Assurance Officer, Safety Officer, Public Affairs Officer
Business Address: 34425 Farenholt Ave., San Diego, CA 92134-7040 Tel. No: (619) 532-8518
Length of Residence in National City: 50 years San Diego County: 51 years California: 53 years
Educational Background: In the process of completing a BS (IT Management); Certified Lean Six
Sigma Green Belt Practitioner
Occupational Experience: US ARMY (1975-79), US ARMY Reserve (1980-85); US NAVY Civilian
(1983 to present)
Professional or Technical Organization Memberships: Member, Society of Forensic Toxicologists;
Past Member, American Society of Quality/California Association of Toxicologists/Association of
Information Technology Professional (NUST)
Civic or Community Experience, Membership, or Previous Public Service Appointments: National
City Community and Police Relations Commission (Charter member, currently Vice -Chairperson);
Community Volunteer (Numerous City/Church/Local Area Projects)
Experience or Special Knowledge Pertaining to Area of Interest: See attached document
Have you ever beenconvictedof-a-crime? No: X---Yes:
Date: 6 Jan 10 Signature:
At_
n
Please feel free to provide additional information or letters of endorseme�. o
0
=
Please return completed form to: `�,
Office of the City Clerk b a "~<h
1243 National City Blvd, National City, CA 91950 - r cow
r-
> > rn rri
r- p
c->
r
Thank you for your interest in serving the City of National City.
* Residency requirements may not apply b
Attachment for the City of National City Application for Appointment to City Boards, Commissions, and
Committees.
Applicant: WILLIAM J. SENDT 4
Application for the Civil Service Commission
Experience or Special Knowledge Pertaining to the area of interest:
Through my numerous years of service to the US ARMY and US NAVY I have gained invaluable
experience in the areas needed to successfully participate in the proceedings of the Civil Service
Commission.
My military experience taught me plan development, and coordination with other units in order to
complete the missions assigned to me. These skills combined with the leadership qualities learned as a
Non -Commissioned Officer allowed me to develop a personal system of fairness and impartiality when
judging situations and actions of my subordinates.
My experience in the laboratory has refined my critical thinking skills allowing me to be able to analyze
complex experiments/incidents/situations quickly and accurately. In addition, I have had the
opportunity to refine those skills into a process in which when combined with root cause analysis allows
our team to identify and develop corrective actions for Non -Conforming Events (NCE).
Currently as Quality Assurance Officer and Safety Officer for our unit, I am responsible for certifying the
integrity of all laboratory processes, evaluating laboratory personnel for performance and adherence to
protocols, investigation of all NCE's, and recommending corrective action including disciplinary action
for laboratory personnel.
Additional duties I have been assigned include membership on the Department of Defense Quality
Assurance Working Group, NDSL Executive Steering Committee, and NDSL Position Management
Committee. Membership in these groups has given me experience in Strategic Planning, Performance
Improvement Initiatives, and the skill of personnel management.
During my tenure as a member of the Community and Police Review Commission I participated in the
development of the Bylaws, and Procedures. I have been Chair -person of the Outreach Subcommittee
and IA Report Review Subcommittee. I also was a participant in the first Citizens Academy presented by
NCPD.
Combining the skills and attributes I have gained through my employment history with the invaluable
lessons I have learned as a Commissioner and Vice -Chairperson of the CPRC 1 believe that I have the
necessary knowledge, experience, and expertise to successfully fulfill the duties of a Civil Service
Commissioner.
ITEM #2
1/19/10
APPROVAL OF THE MINUTES OF THE REGULAR CITY
COUNCIL/COMMUNITY DEVELOPMENT COMMISSION
MEETING OF DECEMBER 1, 2009.
(CITY CLERK)
City of National City, California
COUNCIL AGENDA STATEMENT
EETING DATE January 19, 2010
AGENDA ITEM NO.
3
ITEM TITLE Resolution of the City Council of the City of National City to approve, accept, and file with
the County Recorder a Subdivision Map for San Diego Habitat for Humanity located at 18th Street and G
Avenue, that includes street dedication for public right-of-way and naming of a parcel of land 18th Street and
G Avenue. (Case File No. 2008-20 S, PD, IS).
PREPARED BY Adam Landa DEPARTMENT Development Services/Engineering
(Ext. 4394) Division
EXPLANATION
San Diego Habitat for Humanity, the owners of the Subdivision located on the southwest corner of 18th
Street and G Avenue, has submitted a final map for the City Council's approval, acceptance, and filing with
the County Recorder.
The final map consists of one parcel with eight condominium units. The property is vacated at this time.
The Planning Commission at its September 15, 2008, meeting reviewed and recommended approval of the
Tentative Subdivision Map. The City Council approved the Subdivision Map by Resolution No. 2008-220 on
October 21, 2008.
The Engineering and Planning Divisions have reviewed and approved the Final Map. The Map provides for
street dedication to the City located at the southwest corner of 18th Street and G Avenue. The parcel of
land shall be named 18th Street and G Avenue.
J
Environmental Review N/A
MIS Approval
Financial Statement
N/A
Approved By:
Finance Director
Account No
STAFF RECOMMENDATION
Approve Res ution
BOARD / COMMISSION ECO NDATION
N/A
ATTACHMENTS (Listed Below) Resolution No.
1. Resolution
2. Subdivision Map
A-200 (Rev. 7/03)
RESOLUTION NO. 2010 —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
TO APPROVE, ACCEPT, AND RECORD THE FINAL SUBDIVISION MAP
FOR SAN DIEGO HABITAT FOR HUMANITY, LOCATED AT18TH STREET
AND G AVENUE, AND NAMING A DEDICATED PARCEL OF LAND
WHEREAS, at a regular meeting of the City Council held on October 21, 2008, the
City Council adopted Resolution No. 2008-220 approving the tentative subdivision map for San
Diego Habitat for Humanity located at 18th Street and G Avenue, generally described as:
Being a subdivision of lots 16, 17, 18, 19 and 20 in block 3 of
subdivision of W.S. Bullis of 10 acre lot 14, in quarter section 153,
of Rancho De La Nacion in the City of National City, County of
San Diego, State of California, according to map thereof No. 201.
Filed in the office of the County Recorder of San Diego County,
May 27, 1881.
WHEREAS, all requirements of the tentative subdivision map, the State Subdivision
Map Act, and Title 17 of the City of National City Municipal Code have been complied with; and
WHEREAS, the final subdivision map provides for a street dedication to the City of
a portion of the land described above located at the southwest comer of 18th Street and G
Avenue. The portion of land shall be named 18th Street and G Avenue.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National
City that the final subdivision map for San Diego Habitat for Humanity located at 18th Street and
G Avenue is hereby approved.
BE IT FURTHER RESOLVED that the Mayor, City Clerk, and City Engineer are
hereby authorized and directed to file said final subdivision map with the County Recorder.
BE IT FURTHER RESOLVED that the dedicated portion of land shall henceforth be
known as a portion of 18th Street and G Avenue.
PASSED and ADOPTED this 19th day of January, 2010.
Ron Morrison, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
George H. Eiser, Ill
City Attorney
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CALIF. C00RD. INDEX 185-1746 (NAD 27)
CASE FILE NO. 2008-20—PD—S
City of National City, California
COUNCIL AGENDA STATEMENT
___FETING DATE January 19, 2010
AGENDA ITEM NO.
4
ITEM TITLE A Resolution of the City Council of the City of National City: 1) accepting and approving the
work performed by Crest Equipment, Inc. for the final contract amount of $194,890.00, 2) ratify the filing of
the Notice of Completion with the County Recorder, and 3) releasing the retention amount of $19,489.00 for
the National City Concrete Improvements at Various Locations Project. (Funded through CDBG and
CDBG-R Funds)
PREPARED BY Kenneth Fernandez
EXPLANATION
6
Please see attached page with explanation.
DEPARTMENT EXT. 4388
Development Services/ Engineering
Environmental Review X N/A
MIS Approval
Financial Statement
Approved By:
v•v�/ v vim---_
Finance Director
Retention funds are encumbered on Purchase Order No. 73236 in the amount of $19,489.00 via Account
Numbers 301-409-500-598-6137 and 301-409-507-598-6090.
STAFF RECOMMENDATION
Adopt the Resotion,
BOARD / COMMISSION RECOMMENbKYION
N/A
Account No.
ATTACHMENTS (Listed Below)
1. Resolution
2. Contract Final Balance Change Order List
3. Notice of Completion
Resolution No.
A-200 (Rev. 7/03)
SPEC 09-05 NOC
EXPLANATION
On September 15, 2009, per Resolution No. 2009-221, the City Council awarded a Contract to
Crest Equipment, Inc. for the Concrete Improvements Project at Various Locations,
Specification No. 09-05. Based upon the bid quantities, the total bid cost for the project was
$188,750.00.
On October 19, 2009, the Contractor commenced the work. During the construction phase,
the bid quantities were used to reflect the actual measured improvements and additions in the
field. As a result of the adjusted quantities (highlighted) are further detailed in the attached
Contract Final Balance Change Order List.
During the course of construction, City and contractor -initiated change orders were approved
and added to the project via the following two change orders: 1) the removal and replacement
of a pressure regulator in the public right-of-way and 2) the installation of two pedestrian
ramps and walkway stripes at 916 A Avenue to comply with ADA requirements. The
construction cost was increased by $650.00 (Change Order Number One) and $5,490.00
(Change Order Number Two) resulting in a final construction cost of $194,890.00.
On December 22, 2009, a final inspection was conducted. In addition, the Contractor has
submitted final contract documentation for the project closure to the City for review and
eligibility of a notice of completion. The purpose of the Contract Final Balance Change Order
List is to finalize the contract quantities, construction completion time, and address the
adjusted work for acceptance of the project completion. Please refer to attached "Final
Contract Balance Change Order" document fora breakdown of line items, change orders,
and contracted work days.
After a comprehensive review, the project was eligible for a.notice of completion,. The work
was found to bean accordance with the approved plans and specifications. Therefore,
Engineering Staff recommends the acceptance of the work, the ratification of a Notice of
Completion, and the retention release for the Concrete improvements Project at Various
Locations Project, Specification No. 09-05.
CONTRACT FINAL BALANCING CHANGE ORDER FORM
CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS,
SPECIFICATION NO. 09-05.
CONTRACTOR: CREST EQUIPMENT, INC.
ORIGINAL CONTRACT AMOUNT: $188,750.00
BID ITEMS
Page 1 of 2
START DATE : 09-15-09
COMPLETION DATE : 12-17-09
No.
Description
Qty
Unit
Unit
Price
Contract
Amount
Final
Qty
Final
Amount
1
Clearing & Grubbing
Including the SWPPP
1
LS
$2,500.00
$7,500.00
1
$2,500.00
2
Conc. Sidewalk R/R Per
G-7
4,000
SF
$7.10
$28,400.00
4,000
$28,400.00
3
Installation of Ped. Ramp
Per G-28 (w/G-30)
37
EA
$1,800.00
$66,600.00
37
$66,600.00
4
Installation of Ped. Ramp
Per G-29 (w/G-30)
29
EA
$1,900.00
$55,100.00
29
$55,100.00
5
Remove & Replace Curb &
Gutter Per G-2
50
LF
$24.00
$1,200.00
50
$1,200.00
6
Traffic Control
1
LS
$5,000.00
$5,000.00
1
$5,000.00
7
Install New Sidewalk Per
G-7
5,000
SF
$5.00
$25,000.00
5,000
$25,000.00
8
Variable Thickness A.C.
20
TN
$20.00
$400.00
20
$400.00
9
Remove & Replace Exist.
Driveway per G-14A-B
500
SF
$8.10
$4,050.00
500
$4,050.00
10
R&R Unsuitable SubOgrade
With CAB and Fabric
20
TN
$25.00
$500.00
20
$500.00
TOTAL
$188,750.00
$188,750.00
C.O.
1
Relocating Pressure
Regulator
1
LS
$650.00
$650.00
1
$650.00
C.O.
2
916 'A' Avenue- Curb
Ramp G-31 Type D ADA
1
LS
$5,490.00
$5,490.00
1
$5,490.00
GRAND TOTAL
$194,890.00
$ 194,890.00
2
CONTRACT FINAL BALANCING CHANGE ORDER FORM Page 2 of 2
CONCRETE IMPROVEMENTS AT VARIOUS LOCATIONS
SPECIFICATION NO. 09-05
CONTRACTOR: CREST EQUIPMENT, INC.
START DATE: 09-15-09
ORIGINAL CONTRACT AMOUNT: $188,750.00 COMPLETION DATE: 12-17-09
The final total contract price for the construction to date is $194,890.00
The work was completed within 40 days.
The Contractor (CREST EQUIPMENT, INC.) accepts this contract Final Contract Balance Change Order as full
compensation for the work.
Recommefor Approval:
Kenfieth Fernandez,
.cepted by:
roject Manager Date
Wendi Belo
President, Crest Equipment, Inc.
Appro,vd by:
Din Daneshfar, Principal Engineer
aryam abaki, CityLngineer
City of National City Resolution Number
Ron Morrison, Mayor
Of/C51/o
1 v•10
Date
David L. Butler
COUNTY OF SAN DIEGO
ASSESSOR/RECORDER/COUNTY CLERK
RECORDER/COUNTY CLERICS OFFICE
1600 Pacific Highway, Suite 260
P.O. Box 121750 * San Diego, CA 92112-1750
Tel. (619) 238-8158 * Fax (619) 557-4155
BATCH #: 276529420091231
DOCUMENT #'S:
RECORDING DATE;
SERVICES AVAILABLE AT
OFFICE LOCATIONS
* Tax Bill Address Changes
* Records and Certified Copies:
Birth/ Marriage/ Death/ Real Estate
* Fictitious Business Names (DBAs)
* Marriage Licenses and. Ceremonies
* Assessor Parcel Maps
* Property Ownership
* Property Records
* Property Values
* Document Recordings
www.sdarcc.com
ASSESSOR'S OFFICE
1600 Pacific Highway, Suite 103
San Diego, CA 92 t01-2480
9 el. (619) 236-3771 * Pax (619) 557-4056
2009-0724855
DEC 31, 2009 11:03 AM
TOTAL DUE: 0.00
SERVICES AVAILABLE ON-LINE AT
wwwsdarce.com
* Forms and Applications
* Frequently Asked Questions (FAQs)
* Grantor/ Grantee Index
* Fictitious Business Names Index (DBAs)
* Property Sales
* On -Line Purchases
Assessor Parcel Maps
Property Characteristics
Recorded Documents
RECORDING REQUESTED BY
WHEN RECORDED MAIL TO:
NAME: CITY OF NATIONAL CITY
ADDRESS: 1243 NATIONAL CITY BOULEVARD
NATIONAL CITY, CA 91950
NOTICE OF COMPLETION
CALIFORNIA CIVIL CODE SECTION 3093
NOTICE IS HEREBY GIVEN of the completion on 12/23/2009 of the Concrete Improvements at
Various Locations, FY 2009-10, Specification No. 09-05
Work of improvement or portion of work of improvement under construction or alteration.
Various Location in National City, CA 91950
Street Address City State Zip Code
The undersigned owns the following interest or estate in said property:
N/A
Nature of the interest or estate of owner (mortgagor, lessee, etc)
Said work of improvement was performed on the property pursuant to a contract with
Crest Equipment, Inc.
Name of Original Contractor
The following work and material were supplied:
Labor provided: Landscape laborers, masons, equipment operators, general laborers. Materials:
Concrete, asphalt, irrigation supplies, traffic control supplies. Equipment: paving equipment.
General statement of kind of labor, services, equipment or materials
The names and addresses of co -owners are: N/A
Dated: 12/23/2009;
Joint tenants, tegant 7a common, or other owners
ignature of Owner
City'of-National City, 1243 National City Blvd., National City, CA 91950
I, the undersigned, say: I have read the foregoing Notice of Completion and know the contents
thereof; the same is true offrly-own-knowledge. I declare -under penalty ofperjury thatthe forgoing
is true and correct.
Executed on 12/23/2009, at National City, California.
Signature:
MORRISON, MAYOR
Noc09-05
RESOLUTION NO. 2010 —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
ACCEPTING THE WORK FROM CREST EQUIPMENT, INC., APPROVING
THE FINAL CONTRACT AMOUNT OF $194,890, RATIFYING THE FILING
OF A NOTICE OF COMPLETION, AND RELEASING THE RETENTION
AMOUNT OF $19,489 FOR THE NATIONAL CITY CONCRETE
IMPROVEMENTS AT VARIOUS LOCATIONS PROJECT
It appearing to the satisfaction of the Engineering Department that all work
required to be done by Crest Equipment, Inc., for the total final amount of $194,890 for the
National City Concrete Improvements at Various Locations Project has been completed, the
City Council of National City hereby accepts said work, ratifies the filing of the Notice of
Completion, and orders that payment for said work be made in accordance with said contract,
including retention.
PASSED and ADOPTED this 19th day of January, 2010.
Ron Morrison, Mayor
ATTEST:
Michael R. Della, City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE January 19, 2010
AGENDA ITEM NO.
5
ITEM TITLE
Resolution of the City Council of the City of National City authorizing the submission of an application to the
California Department of Housing and Community Development for the Catalyst Projects for California
Sustainable Strategies Pilot Program
PREPARED BY DEPARTMENT
Geny Torres (Ext. 4336) (\ Community Developmen
Housing and Grants Division
EXPLANATION
The California Department of Housing and Community Development has released a Request for Proposal for a new
program called the "Catalyst Projects for California Sustainable Strategies Pilot Program". The major focus of the
program is to support and test innovative sustainable community strategies at the local level with actual development
projects. The idea is that successful strategies will be implemented broadly throughout California.
Development projects should be designed to increase housing supply and affordability; improve jobs and housing
relationships; stimulate job creation and retention; enhance transportation modal choices that reflect community
values, preserve open space and agricultural resources; promote public health; eliminate toxic threats; address
blighted properties; reduce greenhouse gas emissions and increase energy conservation and independence.
The announcement of this program is timely as the City of National City is currently working on updating its' General
Plan. Through this update, National City is forming its' vision of the community's future, development and land use
goals, and policies; all in keeping with the idea of a sustainable community. Securing a "Catalyst Projects for
California Sustainable Strategies Pilot Program" award would allow the City to implement projects essential in
realizing the community's goals and vision.
The focus of the application would be on a revitalization project along Paradise Creek; a walking path that would
integrate businesses, schools, housing, transportation, open space and agriculture in an effort to create a more
sustainable community. This project would address issues of the environment, economy, and health of the
community. A more specific plan will be presented at the February 2, 2010 City Council Meeting.
Environmental Review
Financial Statement
None
Approved By:
Finance Director
Account No.
STAFF RECOMMENDATION
Adopt resolution.
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below) Resolution No.
L
A-200 (9/99)
RESOLUTION 2010 —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO
THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT FOR THE "CATALYST PROJECTS FOR
CALIFORNIA SUSTAINABLE STRATEGIES PILOT PROGRAM"
WHEREAS, the California Department of Housing and Community Development
(HCD) has released a Request for Proposal (RFP) for a new program, "Catalyst Projects for
California Sustainable Strategies Pilot Program", to support and test innovative sustainable
community strategies at the local level with actual development projects; and
WHEREAS, the City of National City is currently working on updating its General
Plan, and thus forming its vision of the community's future, development and land use goals and
policies, all in keeping with the idea of a sustainable community; and
WHEREAS, the development of a walking path along Paradise Creek would
create a more sustainable community by integrating businesses, schools, housing,
transportation, open space, and agriculture as well as address the issues of environment,
economy, and health of the community; and
WHEREAS, securing a "Catalyst Projects for California Sustainable Strategies
Pilot Program" award would allow the City to implement projects essential in realizing the
community's goals and vision.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the submittal of an application to the California Department of
Housing and Community Development for the "Catalyst Projects for California Sustainable
Strategies Pilot Program".
PASSED and ADOPTED this 5th day of January, 2010.
ATTEST:
tvlichael R.—DaI1 City Clerk
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
Ron Morrison, Mayor
City of National City, California
COUNCIL AGENDA STATEMENT
FETING DATE Jan 19, 2010
6
AGENDA ITEM NO.
ITEM TITLE
Warrant Register #24 for the period of 12/09/09 through 12/15/09 in the
Amount of $1,741,412.33
PREPARED BY D. Gallegos -Finance DEPARTMENT
EXPLANATION
Finance
Jeanette
619-336-4
Per Government Section Code 37208, attached are the warrants issued
for the period of 12/09/09 through 12/15/09.
The Finance Department has implemented a policy to provide explanation of all warrants
Above $50,000.00
Vendor Check# Amount Explanation
Crest Equip 230614 98,060.36 Concrete Improvement
Torrey Pine Bank 230615 64,400.25 Street Resurfacing
SDG&E 230729 61,008.79 Utilities
Tristar 28102509 55,256.07 WC Replenishment
Environmental Review
N/A
MIS Approv
Financial Statement
Not applicable.
Approved
Fin?" a Director
Account No.
STAFF RECOMMENDATION
Ratification of warrants in the amount of $1,741,412.33
BOARD / COMMISSION RECOMMENDATION
(TTACNMENTS ( Listed Below) Resolution No.
1. Warrant Register #24
L._
A-200 (Rev. 7/03)
1/4
0. CALIFORNIA
NATIONAL"- CITY
&p.m
INCORPORATSD
WARRANT REGISTER # 24
12/15/2009
PAYEE DESCRIPTION CHK NO DATE AMOUNT
CREST EQUIPMENT, INC. CONSTRUCTION OF CONCRETE IMPROVEMENTS 230614 12/15/09 98,060-36
TORREY PINE BANK RETENTION PMT NC STREET RESURFACING 230615 12/15/09 64,400.25
CALIFORNIA HIGHWAY ADOPTION CO PARADISE CREEK LITTER REMOVAL 230616 12/15/09 960.00
CITY OF CHULA VISTA CONSTRUCTION MANAGEMENT SERVICES 230617 12/15/09 6,343.00
KOCH ARMSTRONG GENERAL STREET RESURFACING PROJECT, SPEC 08-< 230618 12/15/09 9,564.75
ALL ABOUT BOOKS CO. GIVEAWAY BOOKS FOR WOWMOBILE 230619 12/15/09 1,272.61
AT & T MOBILITY CELL PHONE SVC FOR WOWMOBILE 230620 12/15/09 143.57
BAKER & TAYLOR ADULT/YOUNG ADULT/CHILDREN BOOK 230621 12/15/09 1,160.92
CITY OF NATIONAL CITY OUT OF STATE SALES TAX 230622 12/15/09 18.94
DALIGDIG MILEAGE REIMBURSEMENT 230623 12/15/09 100.40
JOHNSON MAGICIAN PERFORMANCE 230624 12/15/09 150.00
LASER SAVER INC INK CARTRIDGES. 230625 12/15/09 62.45
MIDWEST TAPE DVD'S FOR THE COLLECTION 230626 12/15/09 1,972.59
NOLO PRESS, INC REFERENCE BOOKS 230627 12/15/09 33.15
SMART & FINAL CRAFT MATERIAL FOR WOWMOBILE 230628 12/15/09 156.37
SPRINT VIDEO CONFERENCING/LONG DISTANCE 230629 12/15/09 25.64
STAPLES ADVANTAGE OFFICE SUPPLIES 230630 12/15/09 59.43
J.S. POSTMASTER POSTAGE 230631 12/15/09 308.00
JNIVERSITY PRODUCTS INC. PRESERVATION MATERIALS 230632 12/15/09 203.82
XEROX CORPORATION XEROX BASE CHARGES 230633 12/15/09 494.89
ADAMS AMERICORPS LSTA Y7 230634 12/15/09 29.55
BANSAL AMERICORPS LSTA Y7 230635 12/15/09 98-67
BELL AC CNCS Y6 / AC LSTA Y7 230636 12/15/09 251.20
BOLICK AMERICORPS CNCS Y6 230637 12/15/09 98.45
BREEDEN-JOHNSON AMERICORPS LSTAY7 230638 12/15/09 95.65
BREITE AMERICORPS CNCS Y6 230639 12/15/09 20.00
BURLEW AMERICORPS LSTAY7 230640 12/15/09 91.30
CHRISTIE VILLAVICENCIO AMERICORPS CNCS Y6 230641 12/15/09 336.00
EHDE AMERICORPS LSTA Y7 230642 12/15/09 27.28
FULGHUM-NUTTERS AMERICORPS LSTA Y7 230643 12/15/09 111.70
GUERRERO AMERICORPS LSTA Y7 230644 12/15/09 293.66
JOHNSON AMERICORPS LSTA Y7 230645 12/15/09 12.49
KAUR AMERICORPS LSTA Y7 230646 12/15/09 96.58
LITERACYWORKS AMERICORPS CNCS Y6 230647 12/15/09 33,160.00
LITERACYWORKS AMERICORPS CNCS Y7 230648 12/15/09 7,500.00
MCCULLOUGH AMERICORPS LSTA Y7 230649 12/15/09 195.72
MEDINA-VILLA AMERICORPS LSTA Y7 230650 12/15/09 105.72
MUDGE AMERICORPS LSTA Y7 230651 12/15/09 139.46
RIVERA AMERICORPS CNCS Y6 230652 12/15/09 60.00
RODRIGUEZ AMERICORPS LSTA Y7 230653 12/15/09 19.18
SCHNEIDER AMERICORPS LSTA Y7 230654 12/15/09 248.05
SCOTT AMERICORPS LSTA Y7 230655 12/15/09 163.90
SNIDER AMERICORPS LSTA Y7 230656 12/15/09 74.58
STRATEGIC RESOURCE COMPANY/ AMERICORPS CNCS Y6 230657 12/15/09 2,983.73
THOMAS CATERING AMERICORPS CNCS Y6 230658 12/15/09 496.49
TRAN AMERICORPS LSTA Y7 230659 12/15/09 26.07
WASHINGTON AMERICORPS LSTA Y7 230660 12/15/09 515.30
WATSON AMERICORPS LSTA Y7 230661 12/15/09 15.29
WEISS AMERICORPS LSTA Y7 230662 12/15/09 90.16
2/4
PAYEE
WILDER
WI LLIAMS
COUNTY OF SAN DIEGO
ENVIRONMENTAL HEALTH COALITION
EQUIFAX INFORMATION SVCS
FEDEX
GE CAPITAL
LASER SAVER INC
LINSCOTT LAW & GREENSPAN
PACIFIC BUSINESS CAPITAL CORP
VERONICA TAM & ASSOCIATES
AMERICAN ROTARY BROOM CO , INC
ARCO GASPRO PLUS
BEVERIDGE
BOYS & GIRLS CLUB
BRENNTAG PACIFIC, INC.
BROADWAY AUTO ELECTRIC
CA MUNICIPAL STATISTICS INC
CEPA COMPANY
CHEVRON & TEXACO BUSINESS CARD
CITY OF NATIONAL CITY
COMMERCIAL AQUATICS SERVICES
COX COMMUNICATIONS
D3 EQUIPMENT
DALEY & HEFT LLP
DALEY & HEFT LLP
DAPPER TIRE COMPANY
DAY WIRELESS SYSTEMS (20)
DION INTERNATIONAL TRUCK INC.
DREW FORD
ESGIL CORPORATION
ESGIL CORPORATION
ESTABROOK
EW TRUCK & EQUIPMENT CO. INC.
FERGUSON ENTERPRISES, INC
FRANK TOYOTA
GRAINGER
GROSSMAN PSYCHOLOGICAL
HAUG
HONEYWELL INC.
HORIZON HEALTH EAP
HUNTING SHACK, INC.
JC TOWING
LASER SAVER INC
MASON'S SAW & LAWNMOWER SRVC
MCDOUGAL LOVE ECKIS SMITH &
MCDOUGAL LOVE ECKIS SMITH &
MEGGITT TRAINING SYSTEMS INC.
MICHAL PIASECKI CONSULTING
CALIFORNIA
NAT
Imo..NAL CITY
INCORPORATED -
WARRANT REGISTER # 24
12/15/2009
DESCRIPTION
AMERICORPS CNCS Y6
AMERICORPS CNCS Y6
MARINA GATEWAY
HUD HH DEMONSTRATION PROJECT
BACKGROUND & CREDIT CHECKS
EXPRESS MAIL COURIER SERVICES
INSTALLMENT FOR COPIER RENTAL
MOP 457025 INK CARTRIDGE
TRAFFIC ANALYSIS FOR WS - HOOVER
EQUIPMENT RENTAL (POWER POLES)
IDIS TECHNICAL ASSISTANCE
MOP #62683 AUTO PARTS
FUEL FOR CITY FLEET
REIMB - CFFJAC CONFERENCE
DONATION FOR NC BRANCH- PYMNT #6
POOL CHEMICALS (CHLORINE)
ELECTRICAL PARTS FOR CITY VEHICLES
DIRECT & OVERLAPPING DEBT
FUME HOOD CERTIFICATION
• MOP #45699 GAS
PETTY CASH - NOV 2009
POOL SERVICE, REPAIRS
COX HIGH SPEED DATA CIRCUIT
TIRES FOR FIRE TRUCK
LIABILITY CLAIM COSTS
LIABILITY CLAIM COSTS
TIRES FOR CITY FLEET
RADIO MAINTENANCE SERVICE
AUTOMOTIVE PARTS TO REPAIR V# 349
MOP #49078 AUTO PARTS
PLAN CHECKING SERVICES OF BLDG
CHK NO DATE AMOUNT
230663 12/15/09 204.96
230664 12/15/09 39.60
230665 12/15/09 333.20
230666 12/15/09 17, 550.90
230667 12/15/09 50.00
230668 12/15/09 60,82
230669 12/15/09 210.43
230670 12/15/09 109.70
230671 12/15/09 1,260.00
230672 12/15/09 195.00
230673 12/15/09 420.00
230674 12/15/09 277.46
230675 12/15/09 26,969.88
230676 12/15/09 297.54
230677 12/15/09 10,000.00
230678 12/15/09 935.10
230679 12/15/09 320.82
230680 12/15/09 425.00
230681 12/15/09 155.00-
2306 82 12/15/09 187.13
230683 12/15/09 562.09
230684 12/15/09 106.44
230685 12/15/09 3,600.00
230686 12/15/09 835.15
230687 12/15/09 1,263.94
230688 12/15/09 1,261.68
230689 12/15/09 428.86
230690 12/15/09 9,288.77
230691 12/15/09 594.08
230692 12/15/09 335.55
230693 12/15/09 8,242.11
INSPECTION -AMC THEATER/VNEST MALL 230694 12/15/09 420.00
REIMB-REG FEE FOR GANG CONFERENCE 230695 12/15/09 200.00
REPAIR VEHICLE #236 230696 12/15/09 980.50
MOP #45723 PLUMBING MATERIALS 230697 12/15/09 135.20
FOUR, 2009 TOYOTA PRIUS HYBRID 230698 12/15/09 1,411.88
MOP #65179 SHOP SUPPLIES 230699 12/15/09 1,836.31
MEDICAL SERVICES 230700 12/15/09 750.00
LICENSE REIMB 230701 12/15/09 10.00
CITY-WIDE MECHANICAL H.V.A.C. 230702 12/15/09 30,434.00
EMP ASST PROGRAM - DEC 2009 230703 12/15/09 866.36
AMMUNITION 230704 12/15/09 1,579.01
MOP #68862 R&M AUTO EQUIPMENT 230705 12/15/09 100.00
MOP #45725 COMPUTER SUPPLIES 230706 12/15/09 9.88
MOP #45729 MOBILE TOOLS 230707 12/15/09 376.52
SVCS RENDERED THROUGH 11/30/09 230708 12/15/09 3,441.00
SVCS RENDERED THROUGH 11/30/09 230709 12/15/09 52.50
RANGE MAINTENANCE AND REPAIR 230710 12/15/09 1,795.00
CONSULTING SERVICES JULY-OCT 2009 230711 12/15/09 8,550.00
3/4
PAYEE
MOTTALE
NAPA AUTO PARTS
NATIONAL CITY AUTO TRIM
NATIONAL CITY CAR WASH
NATIONAL CITY TROPHY
NCPOA
NCPOA
NIXON EGLI EQUIPMENT CO
ONE SOURCE DISTRIBUTORS
PACIFIC AUTO REPAIR
PBS&J
PERRY FORD
PRO BUILD
PRUDENTIAL OVERALL SUPPLY
QUESTYS SOLUTIONS
REGIONAL COMMUNICATIONS SYSTEM
SAN DIEGO SPEEDO TACH, INC.
SDG&E
SIGN MASTERS
SKS INC.
SOUTH BAY WINDOW & GLASS CO
SOUTHWEST SIGNAL SERVICE, INC.
STAPLES ADVANTAGE
STARTECH COMPUTERS
STRATACOM
SWEETWATER AUTHORITY
TARULLI TIRE SAN DIEGO INC
THE JBC GROUPS, LLC
THE LIGHTHOUSE, INC.
TOM MOYNAHAN
TOPECO PRODUCTS
-TURF MAKER
TW MOBILE ENGINEERING
U S BANK CORPORATE PAYMT SYS
U S HFALTHWORKS
UNDERGROUND SERV ALERT
UNION BANK OF CALIFORNIA-
UNION-TRIBUNE PUB. CO.
UNITED PARCEL SERVICE
UNITED TRANSMISSION EXCHANGE
VGA MAIN ST ANIMAL HOSPITAL
WEST GOVERNMENT SERVICES
WESTFLEX INDUSTRIAL
NILLY'S ELECTRONIC SUPPLY
TRISTAR RISK MANAGEMENT
CALIFORNIA
Nam` II ITy-
nov
INCORPORAT131
WARRANT REGISTER # 24
12/15/2009
DESCRIPTION
REFUND OF OVERPAYMENT FOR B/L
MOP #45735 AUTO PARTS
R&M CITY VEHICLES
CAR WASHES FOR CITY FLEET
MOP #66556 BUILDING MATERIALS
PROMOTIONAL ACTIVITIES
PROMOTIONAL ACTIVITIES
AUTOMOTIVE SUPPLIES
MOP #67256 ELECTRICAL MATERIAL
SMOG CERTIFICATION & REPAIRS
WASTEWATER FINANCIAL SERVICES
SUSPENSION AND STEERING FOR V#282
MOP #45707 MATERIALS & SUPPLIES
MOP #45742 LAUNDRY SERVICE
QUESTYS LEGISTREAM TRAINING
REGIONAL COMMUNICATIONS
SPEEDOMETER CALIBRATIONS
FACILITIES DIVISION GAS & ELECTRIC
FABRICATION OF VINYL LETTERS FOR PD
SUPREME OIL
PLEX GLASS
TRAFFIC SIGNAL /STREET LIGHTING
MOP 45704 OFFICE SUPPLIES - HR
COMPUTER SOFTWARE
MOP#63845. BUSINESS CARD IMPRINT
WASTEWATER DIVISION
MOP#47940 TIRES
ANNUAL REPORT -CA WASTE MGMNT
MOP #45726 MATERIALS & SUPPLIES
MOP #45734 R&M AUTO EQUIPMENT
MOP #63849 AUTO PARTS
FFRTII 17FR
AUTOMOTIVE SUPPLIES
CREDIT CARD EXP - COMM SVCS
MEDICAL SERVICES
SERVICE ALERT CHARGES
REPLACEMENT FOR CK 104093
PLANNING COMMISSION
UPS SHIPMENT
AUTOMOTIVE SUPPLIES
K9 VET CARE
CHOICEPOINT/CLEAR INVESTIGATIVE
MOP #63850 AUTO PARTS
MOP #45763 MATERIALS & SUPPLIES
NOV 2009 WC REPLENISHMENT
CHK NO DATE AMOUNT
230712 12/15/09 204.50
230713 12/15/09 193.75
230714 12/15/09 203.04
230715 12/15/09 316.00
230716 12/15/09 20 58
230717 12/15/09 100.00
230718 12/15/09 50.00
230719 12/15/09 242.05
230720 12/15/09 108.65
230721 12/15/09 1,324 73
230722 12/15/09 809.00
230723 12/15/09 3,040.46
230724 12/15/09 154 41
230725 12/15/09 465.96
230726 12/15/09 1,541.75
230727 12/15/09 9,010 00
230728 12/15/09 28.00
230729 12/15/09 61,008.79
230730 12/15/09 260 00
230731 12/15/09 1,101.31
230732 12/15/09 118.53
230733 12/15/09 11,116.27
230734 12/15/09 312.25
230735 12/15/09 382.19
230736 12/15/09 95.49
230737 12/15/09 255.95
230738 12/15/09 315.00
230739 12/15/09 900-00
230740 12/15/09 309.10
230741 12/15/09 50.00
230742 12/15/09 11.29
230743 12/15/09 491.90
230744 12/15/09 212.06
230745 12/15/09 1,048.80
230746 12/15/09 80.00
230747 12/15/09 163- 50
230748 12/15/09 27.09
230749 12/15/09 528.00
230750 12/15/09 17.22
230751 12/15/09 114.86
230752 12/15/09 820.42
230753 12/15/09 400.00
230754 12/15/09 144.17
230755 12/15/09 50.11
28102509 12/14/09 55,256.07
A/P Total 525,719.94
4/4
CALIFORNIA -"
NATIONAL CITT
aocw
`h1CORponATEl)
WARRANT REGISTER # 24
12/15/2009
PAYEE
Start Date End Date
SECTION 8 HAPS PAYMENTS 12/9/2009 12/15/2009
PAYROLL
Pay period Start Date Ead Date Check Date
24 11 /17/2009 11/30/2009 12/9/2009
AMOUNT
6,757.98
1,208,934.41
GRAND TOTAL $ 1,741,412.33
-0- CALIFORNIA
NATIONAL CilT
r^r- Act -z.
INQORPORATE D
Warrant Register # 24
12/ 15/2009
001 GENERAL FUND
104 LIBRARY FUND
105 PARKS MAINTENANCE FUND
109 GAS TAXES FUND
120 PLAN CHECKING REVOLVING FUND
125 SEWER SERVICE FUND
130 EMT-D REVOLVING FUND
154 STATE PUBLIC LIBRARY FUND
158 SWIMMING POOL REVOLVING FUND
159 GENERAL PLAN UPDATE RESERVE
166 NUTRITION
172 TRASH RATE STABILIZATION FUND
173 NATIONAL SCHOOL DIST CONTRACT
174 SWEETWATER SCHOOL DIST CONTRAC
191 STOP PROJECT
211 SECURITY AND ALARM REGULATION FUND
212 PERSONNEL COMPENSATION FUND
246 WINGS GRANT
277 NC PUBLIC LIBRARY DONATINS FUND
290 POLICE DEPT GRANTS
301 GRANT-C.D.B.G.
307 PROPOSITION A" FUND
320 LIBRARY GRANTS
502 SECTION 8 FUND
505 HOME FUND
511 TAX INCREMENT FUND
522 LOW/MODERATE HOUSING FUND
626 FACILITIES MAINT FUND
627 LIABILITY INS. FUND
628 GENERAL SERVICES FUND
629 INFORMATION SYSTEMS MAINTENANC
630 OFFICE EQUIPMENT DEPRECIATION
631 TELECOMMUNICATIONS REVOLVING
632 GENERAL ACCOUNTING SERVICES
643 MOTOR VEHICLE SVC FUND
644 EQUIPMENT REPLACEMENT RESERVE
727 BUILDING AND SAFETY T & A DEPOSITS
833,299.66
30,967.25
21,604.12
1,288.05
6,767.11
18,025.92
4,933.75
1,272.90
505.31
1,342.96
12,161.72
2,597.67
1,022.15
5,173.69
1,724.04
1,138.01
163,747.60
36,299.80
100.40
3,276.12
100, 389.86
79,202.89
54,972.61
28,103.01
1,564.33
89,392.82
2,842.15
82,293.32
61, 577.39
2,810.16
11,765.92
1,923.94
5,063.93
20,817.62
49,612.27
1,411.88
420.00
1,741,412.33
City of National City, California
COUNCIL AGENDA STATEMENT
:ETING DATE Jan 19, 2010
7
AGENDA ITEM NO.
/' ITEM TITLE
Warrant Register #25 for the period of 12/16/09 through 12/22/09 in the
Amount of $398,013.63
PREPARED BY D. Gallegos -Finance DEPARTMENT
EXPLANATION
Finance
Jeanette L
619-336-43
Per Government Section Code 37208, attached are the warrants issued
for the period of 12/16/09 through 12/22/09.
The Finance Department has implemented a policy to provide explanation of all warrants
Above $50,000.00
Vendor Check# Amount Explanation
City of CV 230777 60,745.50 Street Resurfacing
Inspection
Heartland Comm Fac 230797 57,785.00 Agency Assessment
Third Qtr
CEnvironmental Review N/A
Financial Statement
Not applicable.
MIS Approval,
Approved By.
Fina rector
Account No.
STAFF RECOMMENDATION
Ratification of warrants in the amount of $398,013.63
BOARD / COMMISSION RECOMMENDATION
'tTTACHMENTS ( Listed Below) Resolution No.
1. Warrant Register #25
A-200 (Rev. 7/03)
CALIFORNIA
1/2
PAYEE
SAN DIEGO GAS & ELECTRIC
E2 MANAGE TECH INC
H.DAMON BRADEN
LOLA HAPPY BAKERY
MANAGED SOLUTION
PRUDENTIAL OVERALL SUPPLY
SAN DIEGO CLIPPING SERVICE
VERIZON WIRELESS
AIR PURIFICATION SYSTEMS
ABCANA INDUSTRIES
ACTION TARGET INC.
AIRGAS-WEST
ALL FRESH PRODUCTS
ASSI SECURITY
AT & T MOBILITY
AUSTIN DOORS
BCM CUSTOMER SERVICE
BEST BEST & KRIEGER LLP
>N SUISSE INC
IENNTAG PACIFIC, INC.
CALIFORNIA BAKING CO.
CITY OF CHULA VISTA
CLEAN HARBORS
CONSTRUCTION ELECTRONICS INC.
COUNTY OF SAN DIEGO
COUNTY OF SAN DIEGO
COUNTY OF SAN DIEGO
COUNTY WIDE EQUIPMENT
CREST EQUIPMENT, INC.
D3 EQUIPMENT
DAPPER TIRE COMPANY
DATA TICKET INC
ESGIL CORPORATION
FEDEX
FLEET SERVICES, INC
GA_ DOMINGUEZ
GORMSEN APPLIANCE CO
GRAINGER
GROSSMAN PSYCHOLOGICAL
HAMILTON MEATS & PROVISIONS
HARRIS & ASSOCIATES
HEARTLAND COMM. FAC. AUTHORITY
HONEYWELL INC.
=RASTRUCTURE ENGINEERING
__DD ELECTRIC
LEXIS-NEXIS
LOPEZ
LORIMAR GROUP, INC.
MAINTEX, INC.
IIVCOI;ppgATED J
WARRANT REGISTER # 25
12/22/2009
DESCRIPTION
GAS & ELECTRIC SERVICE/USAGE
ENVIRONMENTAL CONSULTING SVCS
CONSULTANT AGREEMENT-WESTSIDE
ECONOMIC DEVELOPMENT LOAN
ECONOMIC DEVELOPMENT LOAN
MOP # 45742. LAUNDRY SERVICE
NEWS READING AND CLIPPING SERVICE
VERIZON WIRELESS SERVICE
EQUIPMENT FOR FIRE DEPT
MUNICIPAL POOL CHEMICALS (BULK)
20' RUBBER BERN TRAP & TRAINING
HELIUM TANK REFILLS FOR NUTRITION
FOOD FOR NUTRITION CENTER
REPAIR PANIC BUTTON
ATT SECURE WIRELESS CIRCUIT FOR PD
REPAIRS, REPLACEMENTS AS NEEDED
LABOR TO REPAIR WATER LEAK
PERSONNEL ISSUES THROUGH NOV 09
MILK/DAIRY DEL. FOR NUTRITION
MUNICIPAL POOL CHEMICALS (CHLORINE)
BREAD DELIVERY FOR NUTRITION
INSPECTION SERVICES FOR STREET
HAZARDOUS WASTE PICKUP
SECURITY MAINTENANCE CONTRACT
RENEWAL -HAZARDOUS PERMIT
SHARE PC REVENUE - NOV 2009
MAIL PROCESSING SVC 10/16-11/15/09
AUTOMOTIVE SUPPLIES
CONCRETE IMPROVEMENTS
AUTOMOTIVE SUPPLIES
TIRES FOR CITY FLEET FOR FISCAL YEAR
PC PROCESSING - NOV 2009
CONSULTANT SERVICES FOR BLDG
MAIL DELIVERY CHGS - PW
MOP #67804 AUTO PARTS
NATIONAL CITY KIMBALL HOUSE MUSEUM
APPLIANCE PURCHASES FOR BUILDINGS
MOP #65179 ELECTRICAL MATERIALS
PRE-EMP PSYCHOLOGICAL EXAMS
MEAT DELIVERY FOR NUTRITION
FOR PROVIDING TRAFFIC ENGINEERING
MEMBER AGENCY ASSESSMENT 3RD QTR
REPAIRS NOT COVERED BY MAINTENANCE
PERFORM AN INFLOW AND INFILTRATION
CITY-WIDE ELECTRICAL REPAIRS
ONLINE CHGS FOR NOV 2009
TRANSLATION SERVICES
REMOTE MIC.
MISC JANITORIAL SUPPLIES
CHK NO DATE AMOUNT
230756 12/17/09 2,102.30
230757 12/22/09 3,953.55
230758 12/22/09 2,000.00
230759 12/22/09 2,092.59
230760 12/22/09 15, 000.00
230761 12/22/09 40.02
230762 12/22/09 67.00
230763 12/22/09 439.92
230764 12/22/09 2,328.06
230765 12/22/09 392.59
230766 12/22/09 43,570.00
230767 12/22/09 23.25
230768 12/22/09 7,218.18
230769 12/22/09 200.00
230770 12/22/09 2,361.24
230771 12/22/09 2,383.00
230772 12/22/09 715.62
230773 12/22/09 688.00
230774 12/22/09 881.69
230775 12/22/09 530.82
230776 12/22/09 960.00
230777 12/22/09 60,745.50
230778 12/22/09 334.70
230779 12/22/09 1,687.10
230780 12/22/09 533.00
230781 12/22/09 11, 681.25
230782 12/22/09 1,989.72
230783 12/22/09 397.34
230784 12/22/09 25,057.34
230785 12/22/09 1,141.18
230786 12/22/09 1,150.20
230787 12/22/09 2,840.90
230788 12/22/09 7,387.00
230789 12/22/09 43.46
230790 12/22/09 146.69
230791 12/22/09 6,989.84
230792 12/22/09 188.55
230793 12/22/09 299.99
230794 12/22/09 250.00
230795 12/22/09 3,216.99
230796 12/22/09 6,636.00
230797 12/22/09 57,785.00
230798 12/22/09 307.44
230799 12/22/09 10, 814.00
230800 12/22/09 950.00
230801 12/22/09 427.38
230802 12/22/09 140.00
230803 12/22/09 300.00
230804 12/22/09 922.00
2/2
PAYEE
MANPOWER OF SAN DIEGO
MASON'S SAW & LAWNMOWER SRVC
MISSION UNIFORM SERVICE
NAPA AUTO PARTS
NATIONAL CITY AUTO TRIM
OLIVER PRODUCTS COMPANY
ORKIN PEST CONTROL
PACIFIC AUTO REPAIR
PADRE JANITORIAL SUPPLIES INC
PEACE OFFICERS RESEARCH
PERRY FORD
PORAC LEGAL DEFENSE FUND
POWERSTRIDE BATTERY CO INC
PRO BUILD
PRO -EDGE KNIFE
PRUDENTIAL OVERALL SUPPLY
SAN DIEGO POLICE EQUIPMENT
SD BMW MOTORCYCLES
SPARKLETTS
STAPLES ADVANTAGE
STARTECH COMPUTERS
STATE OF CALIFORNIA
SUPERIOR READY MIX CONCRETE
SWEETWATER AUTHORITY
SYSCO SAN DIEGO
TETRA TECH ASL, INC.
THE HOSE PROS
TRITECH SOFTWARE SYSTEMS
USA MOBILITY WIRELESS, INC.
VERIZON WIRELESS
WEST GROUP PAYMENT CENTER
SECTION 8 HAPS PAYMENTS
CALIFORNIA -.
fI O A Ciry
liCAV
INCORPORATED
WARRANT REGISTER # 25
12/22/2009
DESCRIPTION
WEEK ENDING 11/22/09 SERVICES
MOP #45729 MOBILE TOOLS
WEEKLY CLEANING/LAUNDRY SVCS
MOP #45735 AUTO PARTS
R&M CITY VEHICLES AS NEEDED
"HOME DELIVERED" TRAYS
PEST MAINTENANCE FOR CITY BUILDINGS
SMOG CERTIFICATION & REPAIRS
JANITORIAL SUPPLIES
PORAC/PEACE OFFICER RESEARCH
MAINTENANCE SERVICE FOR V# 298
LEGAL DEFENSE FUND FOR RESERVE
MOP #67839 AUTO PARTS
MOP #45707 SIDEWALK CURB/GUTTER
KNIFE SHARPENING SERVICES
MOP #45742 LAUNDRY SERVICE
SUPPLIES FOR POLICE DEPT
R&M CITY VEHICLES AS NEEDED
WATER/DELIVERY FOR NUTRITION
MOP 45704 OFFICE SUPPLIES -PLANNING
DRIVES. INVOICE 39889 - 39890 - 39891
WC CLAIM COSTS
TACK OIL, 3/8, SHEET & COLDMIX ASPHALT
WASTEWATER DIVISION WATER BILLS
FOOD FOR NUTRITION CENTER
MATERIALS AND TESTING SERVICES
AUTOMOTIVE SUPPLIES
STANDARD TRIMBLE AVL INTERFACE LIC.
PAGER SERVICE
WIRELESS SVC - 10/22 - 11/21/09
FED CIVIL RULES HANDBOOK
CHK NO DATE AMOUNT
230805 12/22/09 1,702.40
230806 12/22/09 512.38
230807 12/22/09 308.30
230808 12/22/09 147.96
230809 12/22/09 40.00
230810 12/22/09 1,644.00
230811 12/22/09 383.75
230812 12/22/09 878.48
230813 12/22/09 916.00
230814 12/22/09 110.00
230815 12/22/09 1,299.00
230816 12/22/09 132.00
230817 12/22/09 304.48
230818 12/22/09 1,186.28
230819 12/22/09 155.00
230820 12/22/09 269.09
230821 12/22/09 240.36
230822 12/22/09 280.78
230823 12/22/09 4.8,!
230824 12/22/09 497.8.
230825 12/22/09 2,023.69
230826 12/22/09 35,226.49
230827 12/22/09 137.03
230828 12/22/09 3,410.80
230829 12/22/09 13,635.40
230830 12/22/09 12, 583.82
230831 12/22/09 111.53
230832 12/22/09 17,042.17
230833 12/22/09 933.41
230834 12/22/09 4,055.85
230835 12/22/09 402.25
Start Date End Date
12/16/2009 12/22/2009
A/P Total 392,885.78
5,127.85
GRAND TOTAL $ 398,013.63
CALIFORNIA
NATIONAL env,-
atj
INCORPORATED
Warrant Register #25
12/22/2009
001 GENERAL FUND 140,819.59
105 PARKS MAINTENANCE FUND 689.60
125 SEWER SERVICE FUND 10,859.79
166 NUTRITION 31,111.76
172 TRASH RATE STABILIZATION FUND 334.70
208 SUPP.LAW ENFORCEMENT SVCS FUND (SLESF) 7,793.35
282 REIMBURSABLE GRANTS CITYWIDE 9,248.82
301 GRANT-C.D.B.G. 25,057.34
307 PROPOSITION A" FUND 73,831.72
345 TRAFFIC CONGESTION RELIEF 1,200.00
502 SECTION 8 FUND 5,873.35
511 TAX INCREMENT FUND 30,143.00
626 FACILITIES MAINT FUND 7,687.04
627 LIABILITY INS. FUND 35,226.49
630 OFFICE EQUIPMENT DEPRECIATION 5,559.82
631 TELECOMMUNICATIONS REVOLVING 6,609.37
632 GENERAL ACCOUNTING SERVICES 30.50
643 MOTOR VEHICLE SVC FUND 5,937.39
398,013.63
City of National City, California
COUNCIL AGENDA STATEMENT
:EYING DATE Jan 19, 2010
a
AGENDA ITEM NO.
Y ITEM TITLE Warrant Register #26 for the period of 12/23/09 through 12/29/09 in the
Amount of $1,892,044.00
PREPARED BY D. Gallegos -Finance DEPARTMENT
EXPLANATION
Finance
Jeanett
619-336-
Per Government Section Code 37208, attached are the warrants issued
for the period of 12/23/09 through 12/29/09.
EXT.
The Finance Department has implemented a policy to provide explanation of all warrants
Above $50,000.00
Vendor Check# Amount Explanation
Health Net 230904 69,868.21 Emp Health Ins
Kaiser 230907 137,047.65 Emp Health Ins
Public Emp Ret Sys 230915 278,860.43 PPE 12/14/09
Environmental Review
N/A
MIS Approval
Financial Statement
Not applicable.
Approved
Finance erector
Account No.
STAFF RECOMMENDATION
Ratification of warrants in the amount of $1,892,044.00
BOARD 1 COMMISSION RECOMMENDATION
ATTACHMENTS ( Listed Below) Resolution No.
1. Warrant Register #26
A-200 (Rev. 7/03)
-,- CALIFORNIA
1/3
PAYEE
CSMFO
BEST BEST & KRIEGER LLP
BUSTAMANTE & ASSOC
CALIFORNIA ELECTRIC SUPPLY
DESROCHERS
DIXIELINE BUILDERS
ENVIRONMENTAL HEALTH COALITION
FAIR HOUSING COUNCIL OF SD
HUSK PARTNERS
KONICA MINOLTA
LAW OFFICES OF DON DETISCH
LOCAL GOVERNMENT COMMISSION
ONE SOURCE DISTRIBUTORS
PRO BUILD
RIDLEY
SDG&E
STRADLING YOCCA CARLSON &
'WEETWATER AUTHORITY
LCEM FENCE COMPANY INC
LL FRESH PRODUCTS
BLACKIE'S TROPHIES AND AWARDS
BRENNTAG PACIFIC, INC.
BROADWAY AUTO ELECTRIC
CALIFORNIA BAKING CO.
CALIFORNIA ELECTRIC SUPPLY
CITY OF CHULA VISTA
CLEAN HARBORS
COUNTY CLERK COUNTY OF S D
COUNTY OF SAN DIEGO
COUNTY OF SAN DIEGO
D MAX ENGINEERING INC
DREW FORD
ENVIRONS LANDSCAPE ARCHITECTURE
FLEET SERVICES, INC
FRANK TOYOTA
HAMILTON MEATS & PROVISIONS
HARRIS & ASSOCIATES
INFO -TECH RESEARCH GROUP INC.
L.B. CIVIL CONSTRUCTION
LINDSEY TREANKLER
NAPA AUTO PARTS
NATIONAL CITY TROPHY
ACIFIC AUTO REPAIR
DRE JANITORIAL SUPPLIES INC
PERRY FORD
POWERSTRIDE BATTERY CO INC
NATIONAL,Ctry
INCORPORATED
WARRANT REGISTER # 26
12/29/2009
DESCRIPTION
2009 AUDIT CSMFO AWARD APPLICATION
COMMUNITY YOUTH ATHLETIC CENTER
CONSULTING SERVICES NOV-09
SUPPLIES FOR MORGAN SQUARE
RETIREMENT BENEFIT DEC 2009
CASA FAMILIAR REHAB PROJECT
HUD HH DEMONSTRATION PROJECT
TENANT -LANDLORD EDUCATION SVS.
CONSULTING SERVICES DEC-09
EXPERT & CONSULTANT
LEGAL SERVICES
NEW PARTNERS -SMART GROWTH
SUPPLIES FOR MORGAN SQUARE
SUPPLIES FOR MORGAN SQUARE
HUD ENERGY EFFICIENCY WORKSHOP
11/17/2009 - 12/17/2009
LEGAL SERVICES
10/06/2009 - 12/07/2009
CITY-WIDE FENCE INSTALLATIONS
FOOD FOR NUTRITION CENTER
MOP 67727 NAME TAGS
MUNICIPAL POOL CHEMICALS
ELECTRICAL PARTS FOR CITY VEHICLES
BREAD DELIVERY FOR NUTRITION
MOP# 45698. FUSES
ANIMAL SHELTER COSTS
HAZARDOUS WASTE PICKUP
PARKS REHAB ADA
TID 956000749 SAN SIDEWALK
2009-2010 STORMWATER
ENGINEERING SERVICES
MOP# 49078. VALVES
SOCCER ARENA LANDSCAPING
MOP# 67804. DISC PADS
FOUR, 2009 TOYOTA PRIUS HYBRID
MEAT DELIVERY FOR NUTRITION
TRAFFIC DATA COLLECTION SERVICES
ITA PREMIUM ENTERPRISE RENEWAL
FOR CONSTRUCTION IMPROVEMENTS
LIABILITY CLAIM COSTS
MOP# 45753. AUTOMOTIVE SUPPLIES
8" OVAL ACRYLIC AWARD PLAQUE
SMOG CERTIFICATION & REPAIRS
JANITORIAL SUPPLIES FOR NUTRITION
MOP# 45703. REPAIR V#294.
MOP# 67839. AUTOMOTIVE SUPPLIES
CHK NO DATE AMOUNT
230836 12/29/09 50.00
230837 12/29/09 1,706.43
230838 12/29/09 6,000.00
230839 12/29/09 48.36
230840 12/29/09 110.00
230841 12/29/09 38,433.15
230842 12/29/09 4,329.74
230843 12/29/09 14, 233.00
230844 12/29/09 15, 000.00
230845 12/29/09 492.06
230846 12/29/09 18.00
230847 12/29/09 125.00
230848 12/29/09 1,605.03
230849 12/29/09 169.70
230850 12/29/09 318.50
230851 12/29/09 288.72
230852 12/29/09 780.00
230853 12/29/09 2,760.60
230854 12/29/09 2,030.00
230855 12/29/09 246.83
230856 12/29/09 10.98
230857 12/29/09 779.62
230858 12/29/09 163.13
230859 12/29/09 72.00
230860 12/29/09 102.05
230861 12/29/09 16,811.52
230862 12/29/09 663.10
230863 12/29/09 50.00
230864 12/29/09 25,104.88
230865 12/29/09 46,866.00
230866 12/29/09 7,498.24
230867 12/29/09 146.25
230868 12/29/09 183.45
230869 12/29/09 570.82
230870 12/29/09 1,411.88
230871 12/29/09 918.66
230872 12/29/09 3,937.00
230873 12/29/09 1,950.00
230874 12/29/09 40,449.16
230875 12/29/09 55.00
230876 12/29/09 245.94
230877 12/29/09 1,119.45
230878 12/29/09 2,543.36
230879 12/29/09 140.57
230880 12/29/09 2,087.70
230881 12/29/09 430.81
2/3
PAYEE
PRO BUILD
PRUDENTIAL OVERALL SUPPLY
SAM'S ALIGNMENT
SAN DIEGO GAS & ELECTRIC
SD COUNTY TREASURER
SDG&E
STAPLES ADVANTAGE
SWEETWATER AUTHORITY
SWRCB ACCOUNTING OFFICE
SYSCO SAN DIEGO
THE LIGHTHOUSE, INC.
U S BANK CORPORATE PAYMT SYS
UNITED PARCEL SERVICE
WESTFIELD CORPORTION
AFLAC
ALL POINTS PUBLIC FUNDING, LLC
AT&T/MCI
BOYS & GIRLS CLUB
CAPF
CALIFORNIA LAW ENFORCEMENT
COUNTY CLERK COUNTY OF S D
COUNTY OF SAN DIEGO
HEALTH NET
HEALTH NET
HEALTH NET
KAISER FOUNDATION HEALTH PLANS
KAISER FOUNDATION HEALTH PLANS
LEAGUE OF CA CITIES -
LEAGUE OF CALIFORNIA CITIES
MORRISON
NATIONAL ELEM SCHOOL DISTRICT
NEXUS IS, INC.
PDR DISTRIBUTION LLC
PUBLIC EMP RETIREMENT SYSTEM
RELIANCE STANDARD
RICK ALBA APPRAISAL SERVICE
S.D. COUNTY SHERIFF'S DEPT.
SD COUNTY OFFICE OF EDUCATION
SMART & FINAL
SOUTHWESTERN COMMUNITY COLLEGE
STAPLES ADVANTAGE
SWEETWATER UNION HS DISTRICT
THE LINCOLN NATIONAL LIFE INS.
U S HEALTHWORKS
+Y-• CALIFORNIA .--e-
NA.TI.ONAL CITY
aVav
INCORPORATED
WARRANT REGISTER # 26
12/29/2009
DESCRIPTION
MOP# 45707. PLUMBING SUPPLIES
MOP# 45742. LAUNDRY SERVICE
MOP# 72442. ALIGNMENT SERVICE
11/17/2009 - 12/17/2009
PROPERTY TAX 558-091-26-00
WASTEWATER DIV GAS & ELECTRIC
MOP 45704 OFFICE SUPPLIES-COMM SVC
10/07/2009 - 12/08/2009
ANNUAL PERMIT FEE
FOOD FOR NUTRITION CENTER
MOP# 45726. CIRCUIT BREAKER
CREDIT CARD EXPENSES - PD
UPS SHIPMENT
REFUND OF DEPOSIT - GASP REPORT
AFLAC ACCT BDM36 DEC 2009
FIRE TRUCK #2 LEASE PAYMENT
SERVICE FOR 12/07/09 - 01/06/10
PROMOTIONAL ACTIVITIES
FIRE/LTD JAN 2010
PD/LTD JAN 2010
SOCCER FIELD - EL TOYON
FINAL AB1290 FY 09 PAYMENT
HEALTH INS H0067A JAN 2010
HEALTH INS JAN 2010 57135J
HEALTH -FULL NETWORK 57135A JAN 2010
INSURANCE ACTIVE JAN 2010
RETIREES INSURANCE JAN 2010
MEMBERSHIP DUES FOR YR 2010
LEAGUE OF CA DUES FOR 2010
CHB CARDS
FINAL AB1290 FY 09 PAYMENT
PHONE SYSTEM ADD MOVES CHANGES
PHYSICIANS' DESK REFERENCE 2010
SERVICE PERIOD 12-09-3
VTL JAN 2010
LIABILITY CLAIM COSTS
SHERIFFS RANGE USE -SWAT TRAINING
FINAL AB1290 FY 09 PAYMENT
MOP 45756 MISC SUPPLIES- COMM SVC
FINAL AB1290 FY 09 PAYMENT
MOP 45704 OFFICE SUPPLIES - PD
FINAL AB1290 FY 09 PAYMENT
LIFE & AD&D, STD, LTD
MEDICAL SERVICES -PRE EMPLOYMENT
CHK NO DATE AMOUNT
230882 12/29/09 1,540.69
230883 12/29/09 271.84
230884 12/29/09 60.00
230885 12/29/09 1,900.61
230886 12/29/09 15.26
230887 12/29/09 25,461.14
230888 12/29/09 259.76
230889 12/29/09 24,187.32
230890 12/29/09 6,577.00
230891 12/29/09 1,025.18
230892 12/29/09 86.73
230893 12/29/09 252.58
230894 12/29/09 12.28
230895 12/29/09 96.00
230896 12/29/09 1,543.64
230897 12/29/09 19, 613.22
230898 12/29/09 2,530.25
230899 12/29/09 200.0"
230900 12/29/09 672.(
230901 12/29/09 1, 755.6E.
230902 12/29/09 50.00
230903 12/29/09 17.87
230904 12/29/09 69,868.21
230905 12/29/09 1,092.24
230906 12/29/09 11, 811.30
230907 12/29/09 137, 047.65
230908 12/29/09 7,245.10
230909 12/29/09 16, 447.00
230910 12/29/09 825.00
230911 12/29/09 52.68
230912 12/29/09 12.47
230913 12/29/09 284.00
230914 12/29/09 66.10
230915 12/29/09 278,860.43
230916 12/29/09 2,264.74
230917 12/29/09 175.00
230918 12/29/09 200.00
230919 12/29/09 1.62
230920 12/29/09 102.48
230921 12/29/09 2.10
230922 12/29/09 371.04
230923 12/29/09 7.94
230924 12/29/09 10, 543.7
230925 12/29/09 185.'
A/P Total 868,650.88
3/3
CALIFORNIA .+-
NATIONAL Cirri,.
a i --�J
HyCORP ORATED
WARRANT REGISTER # 26
12/29/2009
PAYEE DESCRIPTION CHK NO DATE AMOUNT
Start Date End Date
SECTION 8 HAPS PAYMENTS 12/23/2009 12/29/2009
PAYROLL
Pay period Start Date End Date Check Date
26 12/1 /2009 12/14/2009 12/23/2009
1,660.32
1,021,732.80
GRAND TOTAL $ 1,892,044.00
-0-- CALIFORNIA , I
NATIONAL CIT
nati
INCORPORATE
Warrant Register # 26
12/29/2009
001 GENERAL FUND
104 LIBRARY FUND
105 PARKS MAINTENANCE FUND
109 GAS TAXES FUND
125 SEWER SERVICE FUND
130 EMT-D REVOLVING FUND
154 STATE PUBLIC LIBRARY FUND
158 SWIMMING POOL REVOLVING FUND
159 GENERAL PLAN UPDATE RESERVE
166 NUTRITION
172 TRASH RATE STABILIZATION FUND
173 NATIONAL SCHOOL DIST CONTRACT
174 SWEETWATER SCHOOL DIST CONTRAC
191 STOP PROJECT
211 SECURITY AND ALARM REGULATION FUND
212 PERSONNEL COMPENSATION FUND
246 WINGS GRANT
261 CDC DEBT SERVICE FUND
290 POLICE DEPT GRANTS
301 GRANT-C.D.B.G.
307 PROPOSITION A' FUND
312 STP LOCAL/TRANSNET HIGHWAY
320 LIBRARY GRANTS
502 SECTION 8 FUND
505 HOME FUND
511 TAX INCREMENT FUND
522 LOW/MODERATE HOUSING FUND
626 FACILITIES MAINT FUND
627 LIABILITY INS. FUND
628 GENERAL SERVICES FUND
629 INFORMATION SYSTEMS MAINTENANC
631 TELECOMMUNICATIONS REVOLVING
632 GENERAL ACCOUNTING SERVICES
643 MOTOR VEHICLE-SVC FUND
644 EQUIPMENT REPLACEMENT RESERVE
724 COBRA/RETIREE INSURANCE
727 BUILDING AND SAFETY T & A DEPOSITS
1,280, 325.02
30,448.06
22,449.87
4,304.94
78,271.35
3,450.77
1,174.80
775.43
1,348.24
16, 384.47
2,479.15
1,043.95
4,969.19
1,770.82
1,158.45
16,256.61
43,254.81
42.00
3,607.90
36,443.55
5,292.94
15.26
5,913.43
23,274.55
1,484.80
134,151.11
41, 298.73
71,426.84
4,043.91
2,969.78
4,746.47
4,300.87
16,252.36
1-7;068.35-
1,411.88
8,337.34
96.00
1,892,044.00
City of National City, California
CITY COUNCIL AGENDA STATEMENT
MEETING DATE January 19, 2010 AGENDA ITEM NO.
9
ITEM TITLE Public Hearing: A Public Hearingto g consider the proposed sale
of property owned by the Community Development Commission at 1640 E.
Plaza Boulevard (California Redevelopment Law Section 33433).
PREPARED BY
Patricia Beard (ext 4255) ¢ 1"
Redevelopment Manager
DEPARTMENT
Redevelopment Division
orh
itre
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 at 1640 E. Plaza
Boulevard. Said ENA was subsequently amended and assigned to Palm Plaza Associates, LLC,
whose principal is The Mar Group of Del Mar. A companion item on this agenda asks for CDC
consideration of a Purchase and Sale Agreement to Palm Plaza Associates, LLC in order to
develop a multi -family housing project. California's Redevelopment Law requires the City
Council to hold a Public Hearing prior to considering a Summary Report on the financial aspects
of the transaction prior to the CDC 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.
Environmental Review Environmental review per the California Environmental Quality Act has
been considered by the City Council in advance of consideration of a re• evelopment transaction.
Financial Statement Please see attached Summary Report.
Account Number 511-409-500-598-3932
r
STAFF RECOMMENDATION Hold the Public Hearing.
BOARD / COMMISSION RECOMMENDATION Not applicable.
STRATEGIC GOAL 2a) Work with qualified developers of key development opportunities.
ATTACHMENTS
1 Background Report
2. Summary Report
3 Notice of Public Hearing
Resolution No.
1
ATTACHMENT 1
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 obligated 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.
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
clearedland as stated in the Summary Report, is $1,823,000
ATTACHMENT 2
NATIONAL CITY REDEVELOPMENT PROJECT
NATIONAL CITY, CALIFORNIA
SUMMARY REPORT PERTAINING TO THE PO
OF CERTAIN PROPERTY WITHIN THE SED SALE
NATIONAL CITY REDEVELOPMENT
PROJECT AREA
California Community Redevelopment Law
Section 33433
PURSUANT TO PROPOSED PURCHASE AND
SALE AGREEMENT
BETWEEN
THE COMMUNITY DEVELOPMENT
EVEOMENT 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
n
'0
1
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 3302 32nd Street
05/19/09 Reo Drive @ Albemarle
05/19/09 1845 Island Avenue
05/14/09 2504 Highland Avenue
07/24/08 1133 E. Plaza Blvd.
03/21/08 309-311 Highland Avenue
Cam( Sale Price Acres SF
/SF Intended Use
San Diego $325,000 0.20 8,499 $38
San Diego $179,214 0.30 13,125 $14
San Diego $490,000 0.23 10,193 $48
National City $332,500 0.39 16,988 $20
National City $2,900,000 0.51 22,216 $131
National City $850,000 0.24 10,454 $81
Hold for development
Commercial
Mixed -use development
Multi -family development
Commercial
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:NationalCity \Comps 2009;10/21/2009;rkS
1. 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.
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• 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.
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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
Commission Third Party and Other Costs (2)
Subtotal Commission Costs
(Less) Purchaser ENA Deposit
Total Commission Costs
$3,775,000
$546,000
$4,321,000
($25,000)
$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.
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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.
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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.
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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.
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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.
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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.
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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
3302 32nd Street
Reo Drive @ Albemarle
1845 Island Avenue
05/14/09 2504 Highland Avenue
07/24/08 1133 E. Plaza Blvd.
03/21/08 309-311 Highland Avenue
CCU Sale Price Acres SF /SF Intended Use
San Diego $325,000 0.20 8,499 $38
San Diego $179,214 0.30 13,125 $14
San Diego $490,000 0.23 10,193 $48
National City $332,500 0.39 16,988 $20
National City $2,900,000 0.51 22,216 $131
National City $850,000 0.24 10,454 $81
Hold for development
Commercial
Mixed -use development
Multi -family development
Commercial
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
ATTACHMENT 3
NOTICE OF PUBLIC HEARING
Notice is hereby given that on January 19, 2010, the City Council of the City of National
City ("City") and the Community Development Commission of the City of National City
("CDC") will hold a joint public hearing at 6:00 p.m. or as soon thereafter as the matter
may be heard, in the National City Council Chambers at 1243 National City Boulevard,
National City, California, 91950 to consider the following:
"TO PROVIDE FOR PUBLIC COMMENT IN ACCORDANCE WITH SECTIONS
33433, 33443 AND 33679 OF THE STATE HEALTH AND SAFETY CODE
REGARDING THE PROPOSED TERMS AND CONDITIONS FOR THE SALE OF
LAND IN A PURCHASE AND SALE AGREEMENT ("AGREEMENT") FOR REAL
PROPERTY LOCATED AT 1640 EAST PLAZA BOULEVARD, NATIONAL CITY,
CALIFORNIA CONSISTING OF APPROXIMATELY 1.07 ACRES PROPOSED TO
BE SOLD TO PALM PLAZA ASSOCIATES LLC FOR THE CONSTRUCTION OF A
72-UNIT MULTI -FAMILY HOUSING PROJECT, RELATED COMMUNITY
FACILITIES, OPEN SPACE AND PARKING.
A copy of the proposed Agreement, a Summary Report pertaining to the Proposed Sale
pursuant to the proposed Agreement as well as other documentation required by Section
33445 of the State Health and Safety Code are on file for review at the Office of the City
Clerk, 1243 National City Boulevard, National City, California, 91950. Further
information can be obtained by contacting the Redevelopment Division at 619-336-4250.
The purpose of the Joint Public Hearing is to receive testimony from the public regarding
the proposed Purchase and Sale of the property. All interested parties are encouraged to
attend said meeting and express their opinions for or against this item.
If you challenge the nature of the proposed action in court, you may be limited to raising
only those issues you or someone else raised in the public hearing described in this
notice, or in written correspondence to the undersigned, or to the City Council of the City
of National City at, or prior to, the public hearing. Furthermore, you must exhaust any
administrative remedies prior to commencing a court challenge to City or CDC action.
Dated December 18, 2009
Brad Raulston. Executive Director
Dates of Publication: December 18 and 25th, 2009
City of National City, California
COUNCIL AGENDA STATEMENT
..IEETING DATE January 19, 2010
AGENDA ITEM NO. 10
ls
(ITEM TITLE Public Hearing: Presentation of the Final Draft of the 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. The City Council will hold a second
public hearing on January 19, 2010 and adopt the Public Participation Plan after all public input is
considered.
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.
DEPARTMENT
Community Development Dep.
Housing and Grants Division
Carlos Aguirr
(Ext. 4391)
Environmental Review NIA
Financial Statement
There is no fiscal impact.
Approved By:
Finance Director
Account No.
STAFF RECOMMENDATION
Not applicable to this report.
BOARD 1 COMMISSION RECOMMENDATION
Not applicable to this report.
ATTACHMENTS ( Listed Below) Resolution No.
Attachment 1: 30-day Public Comment Period Public 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
e^. CALIFORNIA -�
NliTIO1: AL CITF
aaQ
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
Community Development
ousing and Grants Divisio
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
6.1 The Five -Year Consolidated Plan 5
6.2 The Annual Action Plans 6
.8z1-4
6.3 Amendments to the Five -Year Consolidated p,
the Annual Actions Plans 7
oz.a1/4,
6.4 The Consolidated Annual Performance andkEValuatibtleport 8
6.5 Public Participation Plan and Amend
to the Public Participation Plan 8
7.0 Complaint Procedures
8.0 Anti -Displacement Policy
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 of the plans and documents
that outline the housing and community development needs, goal jectives, and activities for
National City.
2.0 OBJECTIVE
The law states that the primary purpose of the progr
communities by providing decent housing, a s
economic opportunities, primarily for very low, to
identify the implementation process for encoir
recommendations to the Five -Year Consolidated
Substantial Amendment(s) to these plans, the PPP,
is to involve residents during all stag
and needs of residents. The City will take a'(
all residents including minorities, non-Elis
residents of public and assisted housing,
and private agencies. Rest qts are as e'
needs, recommend how ' oney should �e
suggest the types of proo"grmuams to meet these needs
the proces
Ctions nece
ng pets()
II Na
overed by this Pis to create viable
e living environme and expanding
d moderate income pe e The PPP shall
g public icipation and viewing their
andi ">omponent Annua Action Plans,
CAPER. The objective of the PPP
d to respond to specific complaints
to encourage the participation;of
persons with disabilities, and
al City residents, and public
a d objectives, prioritize these
allocat- ® o each high -priority need, and
The parties involved in the process comprise neighborhood and resident groups, non-profit
agencies, community -based
ad o pazat o an s. cia service agencies, business organizations,
associations d aH,National i j residents'e(referred to as the " ublic" the City's Community
� �. P ); Y
Developrr argent House and Grants Division staff (referred to as "staff') and the City
of Nate n: City Mayor ar t,Coun i,(referred to as "Council"). All the parties play an integral role
in the lopment of the PPP, the Consolidated Plan, the Action Plans, and the CAPER.
3.0 PUBLIC NOTICE
An advance pubcotice sAbe published at least 14 days prior to a scheduled public hearing.
The notice is an inuitatioos e 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 P ans, 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:I/www.nationalcitvca.gov under the City Government and Community
Development Department: http:I/www.nationalcityca.gov/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 e public reasopable and timely access
to information and records relating to the Consolidated: P fan, the Action -PI, Qs, and Consolidated
Annual Performance and Evaluation Report.
• Copies of the documents will be available at:
- National City Public Library, Government DoacumentdSection, 1401 National City Blvd_,
National City, CA 91950
-City Clerk's Office, 1243 Natal City Blvd, 1s 'Floor, National City, CA 91950
- Community Development Department 1243 opal City Blvd, National City, CA
91950
• Copies of the document will also be e availabte at the City's website,
http://www_nationalcitvca qov, :::under theousin�and�rnts Division CDBG and HOME
webpage: http://www.natioriateiNai9ov/inde)fas4:pacie=1" 8
• Upon request, docis will be'•made afifable in a format accessible to persons with
disabilities.
The public may contact the. Housing ;and Grants Division for further information or to provide
comment at
n';- Community Development Specialist, HUD Grants
Housing and Grants Division
CommunityCommunityiDeverotiMent Department
City of National City'
1243 Nation*=City Blvd,
,National City,rCA 91950
1619) 336-401; Fax (619) 336-4286
hotxstng@afionalcityca.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 Consolidated an is a comprehensive
document, providing a detailed description of the housing and comm n development needs in
National City, which prioritizes those needs, and th`-` evelops a Fs egy with goals and
activities for addressing the needs.
6.1.2 THE PROCESS
1. in 2010, and every five years thereafter, the Co
and Grants Division will prepare a calendar contain)
Consolidated Plan. The schedule sh ®. tain tentati
along with the dates for community meeublic not
start and end dates, and when the propos
public.
2. Community meetings
goal of the planning ps is to
send out notices toindividuals an
list, post notices at "nekhborhoo
advertise in the newspa�e.
explain the ose,and pi
and clarif eesron' ions
goals, 4o edives, an . ctiviti
Consoed Plan.
3. First Pu
The publicatia'
hearing shall b
attending the comm,
otice: Prese
otice shou
sent to
opment Department's Housing
chedule for the preparation of the
tes for the preparation of the Plan
ublic hearings, comment period
I Planssare_expected to be available to the
ions corefinient to the public. Because the
residents as possible participate, the City will
son the Housing and Grants Division mailing
er locations accessible to the public, and
3aedia. The objective of these meetings is to
f the Con'sojd,fed Plan, identify the needs in the community,
residents have for the City. The needs will be prioritized and
eveloped that will be incorporated into the Five -Year
at variot
e as m
i ganizatio
-nters and
r
4er4loca
ion of the proposed plan requires advance notices to the public.
ollow steps in Section 3.0 of this Plan. Notices of the public
ersons on the Housing and Grants Division mailing list and
ings.
4. First Public Hearing:IA 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 pubs=hearings and during the
comment period, shall be taken into consideration_ A summar <of the comments or views
accepted and those not accepted, and reasons for not accep ',hem, shall be attached to the
final Consolidated Plan. The Council will adopt the final Ptai th' r y 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 willwitlimplement the obtectives, goals
and strategies formulated in the Five -Year Consootda ed P .*The Annual Action Plans shall
outline the amount and source of funding available 'e ctivities for each objective, and the
measurable targeted goal for each of those activities for ,. ear.
6.2.2 THE PROCESS
1. In late fall of every year, the City of Na ®al Cites ing and Grants Division will prepare a
calendar containing a schedule for the pre` do a al'Action Plan for that year. The
schedule shall contain terrtive'�7 tes for t< ®r parationhe Action Plan, along with the
dates for publication of public notices public heafings, comment start and end period, and when
the proposed and final;?ifans are expected to be. vailable to the public.
2. Technical Assistance City staff' w 11 provide;' technical assistance to individuals and
organizational re resentatives f very low, low and moderate income people who are interested
in submitting.xa proposal to obfain,funding for an activity. The assistance would include providing
nce,; guida#nformational sources and training. The City will not write proposals for an applicant.
V
3.The C fystaff will evaluafe,propose'd='activities for eligibility and provide a recommendation to
the City Council of proposals;,f'rom agencies and City Departments which the City could select to
meet the objectives in the Consolidated Plan.
4. First Public Notce':Prese'ntation of the proposed plan requires advance notice to the public.
The publication notice"'sho ild 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 aal Action Plans
6.3.1 GENERAL INFORMATION: Throughout the to f the Five -Ye r d the Annual Plan,
the plans may be amended to add or delete act . ems or objective e Plans must be
amended through the public participation prif any changes me-` ae definition of
"Substantial Change".
Substantial Change for the Consolidated Plan is defi
• The deletion or addition of', objective, pro
Priority Needs Summary Tab
Substantial Change for the Annual Action"
• Addition of a ne ®' or an a ity in the Annual Action Plan
• Elimination of ctivity e d in the . ual Action Plan
• Change in t riding a fount for ject or activity by 50% or more
• Change i purpose .kcope of a oject or an activity to the extent that it would
be consider., ew pro hor an active
• Change in th .Y -ti • ft 6 ct or activity
• A e f 9, n mor a '50% of t e 'jr nal beneficiaries
These
with t
process
or project, or any changes to the
sfantial ane
'PP_ The am=
gibed below.
6.3.2 THE P
1. Public Notice " senta - .,of the substantial amendment(s) made to either the Five Year
Consolidated Plan nth nual Action Plans require advance notice to the public. These
notices shall be publi x ".,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.
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.
subject to the public participation process in accordance
ust be available to the public for comment, through a
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 Evaluatio:port (CAPER)
6.4.1 GENERAL INFORMATION: Every year, the City must send H" raa Consolidated Annual
Performance and Evaluation Report (CAPER) within 9 ays of the c ose of 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 derate income groups. e CAPER also
provides a narrative on progress towards met i g the g 'Is set forth i e Five -Year
Consolidated Plan and Annual Action Plan, cony n ng sal accomplishmen s to planned
actions, and assessing the City's overall performance.
6.4.2 THE PROCESS
1. Public Notice: A public notice shall be blisti t least 1 ys prior to the scheduled date
for the presentation of the CAPER to t Coun pub earing. The notice shall be
published in, at least, one newspaper o ener. irr; scontaining the date, time and
location of the public hear gTh eotice sh _ to tha . e CAPER is available for review
and comment for at least.- a period of 15 da' clearly stating the start and end date for the
comment period. Free copies will berj nade available to the public upon request and a copy of
the proposed CAPERaall be a ailab►e on th.City's web site. Copies will also be made
available in a format accesstble_ta� available
with dis abilities, upon request.
r.
2. Public Hearing A public hearing to review the proposed CAPER will be held at a City Council
meetmg.�0gy,n'a date announced inrAN notice published in the newspaper. Section 5.0 describes
the puiaterthearing requirements Atcomments received will be taken into consideration. The
approvedAPER shall include a surtnary of the comments and views of the residents and
shall be attar ied to the CAPER
3. The CAPER MA? sent a HUD every year by September 28. Copies of the CAPER will be
made available to the at 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 publication shall also include
a list of locations, as stated in Section 4.0, where the PPP and/ or;,,a st of the amendments will
be available to the public for comment. Free copies will be ma available to the public upon
request. Copies will also be made available in a format accessi to persons with disabilities,
upon request.
2. Public Hearing: Apublic hearing to consider the
meeting on a date announced in the notice public
public hearing requirements. Copies of the PPP.
the public at locations listed in Section 4.0.
7.0 COMPLAINT PROCEDURES
dments will
in the newspaper
e amended PPP will be
Residents are encouraged to provide taut to the Cif$
be sent by the City within 15 working t of th
complaints will be encouraged to propos
of contract responsibilities, xt sidents w
take measures to enforce' ..�to t and re���,«�a� - situatia
8.0 ANTI-DISPL.
In the event that any re'Sr.
out a project q:
develope bnn
plan w' " ' available
Id at a City Council
e Section 5.0 on
de available to
substantive written response will
ment. Residents making the
Mere has been any infraction
is, and the City will be advised to
elocation must take place in order to carry
ity, th '.:"ter will ens red : an anti -displacement and relocation plan in
with t project, as applicable per Federal regulations. The relocation
t the locations described in Section 4.0. The Consolidated
Plan " "- nnual Action actl shall minimize the extent to which very low, low and
modera a ome people wi �e displaced as a result of any proposed project. In the event that
any acquis and relocatio Aust take place in order to carry out a project or activity, the City
will also comftvit,h the ac f tion and relocation requirements of the U.S. Uniform Relocation
Assistance and Prope . cquisition Policies Act, as amended.
Page 9of9
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 Partici . ation 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-clay 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
May4, 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
COUNCIL AGENDA STATEMENT
...EETING DATE January 19, 2010 AGENDA ITEM NO. 11
�EM TITLE Resolution of the City Council of the City of National City adopting a Public Participation
Plan (PPP) required for the Five -Year Consolidated Plan to the U.S. Department of Housing and
Urban Development
PREPARED BY Carlos Aguirre'
(Ext. 4391)
DEPARTMENT Community Development Dep.
Housing and Grants Division
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. The City Council will hold a second
public hearing on January 19, 2010 and adopt the Public Participation Plan after all public input is
considered.
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
Adopt the resolution.
BOARD / COMMISSION RECOMMENDATION
Not applicable to this report.
ATTACHMENTS ( Listed Below) Resolution No.
Attachment 1: 30-day Public Comment Period Public Notice
Attachment 2: Draft Public Participation Plan
Attachment 3: Five -Year Consolidated Plan and Annual Action Plan Timeline
A-200 (9/99)
RESOLUTION 2010 —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
ADOPTING A PUBLIC PARTICIPATION PLAN REQUIRED FOR
THE FIVE-YEAR CONSOLIDATED PLAN TO THE U.S. DEPARTMENT
OF HOUSING AND URBAN DEVELOPMENT (HUD)
WHEREAS, as an entitlement community, the City of National City administers
the Community Development Block Grant (CDBG) and the Home Investment Partnerships Act
(HOME) Program for the Federal Government under the United States Department of Housing
and Urban Development (HUD); and
WHEREAS, HUD requires that all CDBG and HOME Program entitlement
communities, such as the City of National City, have in place a Public Participation Plan (PPP);
and
WHEREAS, 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); and
WHEREAS, the previously adopted PPP requires updating to clarify policies and
procedures; and
WHEREAS, the PPP shall encourage public participation (especially by persons of
low- to moderate income), provide residents reasonable and timely access to local meetings and
information, provide for technical assistance, and provide for complaint procedures; and
WHEREAS, the City of National City provided a 30-day public review and
comment period from December 15, 2009 to January 13, 2010, and conducted a duly
advertised public hearing on January 5, 2010, to comment on the Public Participation Plan.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
National City hereby adopts the Public Participation Plan, attached hereto as "Exhibit A",
required for the Five -Year Consolidated Plan to the U.S. Department of Housing and Urban
Development.
PASSED and ADOPTED this 19th day of January, 2010.
Ron Morrison, Mayor
ATTEST: APPROVED AS TO FORM:
Michael R. Dalla, City Clerk George H. Eiser, III
City Attorney
Attachment 1: Public Hearing Notice
»^. CALIFORNIA -�
NATIONAL CITyy
Il(3O34MCOMPOIMTV,
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, flame al (619) 336-4391.
Publish: Friday, December 4, 2009
Chris Zapata, City Manager
City of National City, CA
ATTACHMENT 2: PUBLIC PARTICIPATION PLAN
XNCORPORA'r8D
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
6.1 The Five -Year Consolidated Plan 5
6.2 The Annual Action Plans 6
6.3 Amendments to the Five -Year Consolidated Plait a9d
the Annual Actions Plans .7
6.4 The Consolidated Annual Performance andEvaluationiReport 8
6.5 Public Participation Plan and Amend e*is''
to the Public Participation Plan , N4,k, 8
7.0 Complaint Procedures
8.0 Anti -Displacement Policy
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 of the plans and documents
that outline the housing and community development needs, goals,ectives, and activities for
National City.
2.0 OBJECTIVE
The law states that the primary purpose of the progra
communities by providing decent housing, a s
economic opportunities, primarily for very low, lo;
identify the implementation process for encoihl
recommendations to the Five -Year Consolidated
Substantial Amendment(s) to these plans, the PPP,
is to involve residents during all sta
and needs of residents. The City will to
all residents including minorities, non-E
residents of public and assisted housin
and private agencies. Res' j t, are as
needs, recommend how,
suggest the types of prc
overed by thr
bfe living environm
d moderate income peo
g public atticipation an
an
the proces
.ctions neces
,ea ng pers
II Nat
fey shalloca
s to meet these needs.
•
P is to create viable
and expanding
The PPP shall
viewing their
omponent Annual' Action Plans,
APER. The objective of the PPP
d to respond to specific complaints
to encourage the participation of
persons with disabilities, and
I City residents, and public
amid objectives, prioritize these
b each high -priority need, and
The parties involved in the process comprise neighborhood and resident groups, non-profit
agencies, community -based o enizattens ciaervice agencies, business organizations,
associations an; atlxNational residents3(referred to as the "public"); the City's Community.
DevelopmetfD arty ent Housing and Grants Division staff (referred to as "staff') and the City
of NationCity Mayor a d Councill, referred to as "Council"). All the parties play an integral role
in they lopment of thePPP, the Consolidated Plan, the Action Plans, and the CAPER.
3.0 PUBLIC NOTICE
An advance public ptice spa ."be published at least 14 days prior to a scheduled public hearing.
The notice is an my at on e public to participate in the planning process for the preparation
of the Five -Year CanAlfdated 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.gov under the City Government and Community
Development Department: http://www.nationalcityca.govlindex.aspx?paqe=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 the public reds able and timely access
to information and records relating to the ConsolidatedP!an, the Action P1 ns, and Consolidated
Annual Performance and Evaluation Report.
• Copies of the documents will be available at:
-National City Public Library, Government Documen
National City, CA 91950
- City Clerk's Office, 1243 National City Blvd, 1stloor, National City, CA 91950
- Community Development Department, 1243 National City Blvd, National City, CA
91950
ection, 1401 National City Blvd.,
Copies of the document will also be e available at the City's website,
http://www.nationalcityca gov, :under the Housing$ande Grants Division CDBG and HOME
webpage: http://www.natiphafeihr6499v/indeiOSP:opaqe=13S
• Upon request, documents will be a made a ilable in a format accessible to persons with
disabilities.
The public may contact the Hous, and Grants Division for further information or to provide
comment at:
Attn Cgmmuri)ty Development Specialist, HUD Grants
Housing and GrantssDivision
Community >Developament Department
City of National City .v
1243 NationatCity Blvd,
National City, CA 91950
(619) 336 4301; Fax (619) 336-4286
housing ationalcityca.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 4of9
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 Consotdate
document, providing a detailed description of the housing and commui
National City,which prioritizes those needs, and tke; develops a
activities for addressing the needs.
6.1.2 THE PROCESS
1. In 2010, and every five years thereafter, the Co
and Grants Division will prepare a calendar contain'
Consolidated Plan. The schedule sh
along with the dates for community me
start and end dates, and when the prop
public.
2. Community meetings
goal of the planning p
send out notices to.rdavduals an
list, post notices at nborhoo
advertise in the newsp
explain the ee and pr ram..€
an is a comprehensive
development needs in
t egy with goals and
opment Department's Housing
schedule for the preparation of the
tain tentativ' .d tes for the preparation of the Plan
ublic noti ;:public hearings, comment period
I Plans °are expected to be available to the
ions coenient to the public_ Because the
residents as possible participate, the City will
on the Housing and Grants Division mailing
er locations accessible to the public, and
edia. The objective of these meetings is to
ted Plan, identify the needs in the community,
and clarifyy" vision epon= ", residents have for the City. The needs will be prioritized and
goals, ctives, an xtiviti'- .eveloped that will be incorporated into the Five -Year
Consoed Plan.
3. First Put
The publicatio
hearing shall b
attending the com
otice: Prese bon of the proposed plan requires advance notices to the public.
tice shou ollow steps in Section 3.0 of this Plan. Notices of the public
nt to ersons on the Housing and Grants Division mailing list and
trigs.
4. First Public Hearing: NA 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 publttc,hearings and during the
comment period, shall be taken into consideration. A summarysummaiM the comments or views
accepted and those not accepted, and reasons for not acceptingtiem, shall be attached to the
final Consolidated Plan. The Council will adopt the final Plat oany, 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 wilq4pplement the otj ctives, goals
and strategies formulated in the Five -Year Consolidated Pan. The Annual Action Plans shall
outline the amount and source of funding available, tactivities for each objective, and the
measurable targeted goal for each of t ; 's activities for ear.
6.2.2 THE PROCESS
1. In late fall of every year, the City of N ;anal Cit "® ng a rants Division will prepare a
calendar containing a schedple for the pre patio { �a ual Action Plan for that year. The
schedule shall contain ter ativ dates for ' ' paration` he Action Plan, along with the
dates for publication of ublic notices public hesr,ings, comment start and end period, and when
the proposed and final plans are expected to be ailable to the public.
2. Technical AssistanCeptyltiit4ittiArovid& technical assistance to individuals and
organizational representativesOffvery loVV',Takti6a moderate income people who are interested
in submitting�a prroposal to obtain funding for an activity. The assistance would include providing
guidance,.informational ources and training. The City will not write proposals for an applicant.
3. The Cit staff will evaluatkpropoSetictivities for eligibility and provide a recommendation to
the City Council of proposals from agencies and City Departments which the City could select to
meet the objectives in the Consolidated Plan.
4. First Public Notice "Presentation of the proposed plan requires advance notice to the public.
The publication notice, hould 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 submittej X _ UD by May 15.
6.3 Amendments to the Five -Year Consolidated Plan an e
dal Action Plans
6.3.1 GENERAL INFORMATION: Throughout the to the Five -Ye` 0d the Annual Plan,
the plans may be amended to add or delete act- .. ems or objective phe Plans must be
amended through the public participation pr if any changes meet ie definition of
"Substantial Change".
Substantial Change for the Consolidated Plan is defin
• The deletion or addition of ` . bjective, pro
Priority Needs Summary Tab
Substantial Change for the Annual Action
• Addition of a new t or an a
• Elimination of a . ctivity
• Change in t nt for
• Changepurpose ..cope of
be consider
• Change in th
• A change in mo
These subsfantial ame
with ttai PP. The am
process $ bribed below.
6.3.2 THE PROCESS
1. Public Notice: senta of the substantial amendment(s) made to either the Five Year
Consolidated Pla `"the nual Action Plans require advance notice to the public. These
notices shall be publi 7at 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.
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.
or an activ
or activity
'nal beneficiaries
or project, or any changes to the
In "the Annual Action Plan
d in the ual Action Plan
ject or activity by 50% or more
oject or an activity to the extent that it would
subject to the public participation process in accordance
dust be available to the public for comment, through a
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 Evaluatio rt (CAPER)
6.4.1 GENERAL INFORMATION: Every year, the City mustsend
Performance and Evaluation Report (CAPER) within
The CAPER outlines how funds were actually us
utilized for activities benefiting very low, low a
provides a narrative on progress towards rri
Consolidated Plan and Annual Action Plan, co
actions, and assessing the City's overall performance.
6.4.2 THE PROCESS
1. Public Notice: A public notice shall bed
for the presentation of the CAPER to t
published in, at least, onelnew paper off
location of the public hear rt3 T c otice sha
and comment for at Ieasf} °a perioof 15 da ; clearly stating the start and end date for the
comment period Free copies will be mmade available to the public upon request and a copy of
the proposed CAPER shall be avai(able on thVcity's web site. Copies will also be made
available in a format accessible toperso ns with disabilities, upon request.
2. Public Heartrig Alp ublic hearing to review the proposed CAPER will be held at a City Council
meeting,a date announced ireffin notice published in the newspaper. Section 5.0 describes
the pubic, hearing require eco nts AU mments received will be taken into consideration. The
approvedz'�CAPER shall incclude a sarfifinary of the comments and views of the residents and
shall be attached to the CAPER
Ways of the c
the extent to w
foderate income groups
g the I set forth
ing c accomplishmen
a Consolidated Annual
f the program year.
these funds were
e CAPER also
e Five -Year
s to planned
ys prior to the scheduled date
earing. The notice shall be
containing the date, time and
ate tha CAPER is available for review
3. The CAPER wi e sent to HUD every year by September 28. Copies of the CAPER will be
made available to ' ublicat 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 8of9
Public Participation Plan
City of National City
A change in the participation process stated in the original PPP for the Consolidated
and Annual Hans, 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 publication shall also include
a list of locations, as stated in Section 4.0, where the PPP and/ or4f#st of the amendments will
be available to the public for comment. Free copies will be ma,e available to the public upon
request. Copies will also be made available in a format acctb,to persons with disabilities,
upon request.
2. Public Hearing: A public hearing to consider the ;r `dments will beheld at a City Council
meeting on a date announced in the notice publis in the newspape .. ee Section 5.0 on
public hearing requirements. Copies of the PPPo "he amended PPP will bdade available to
the public at locations listed in Section 4.0.
tom-
7.0 COMPLAINT PROCEDURES
Residents are encouraged to provide
be sent by the City within 15 working
complaints will be encouraged to propos
of contract responsibilities, idents w
take measures to enforcet and
8.0 ANTI -DISPLACEMENT POLICY
In the event that any reside ti,
out a projecor�ctivity, thee;
developed nnect with°
plan w
Plan a
modera
any acqu
�,- available fs
Annual Action
come people will
is,.and relocatio
will also compty With the ac
Assistance and Real Prop
to the CI
of th
e situatio
substantive written response will
ment. Residents making the
ere has been any infraction
is, and the City will be advised to
relocation must take place in order to carry
will ens re t aT an anti -displacement and relocation plan in
t project, as applicable per Federal regulations. The relocation
pub 'pat the locations described in Section 4.0. The Consolidated
ac s shall minimize the extent to which very low, low and
e disp aged as a result of any proposed project. In the event that
dust take place in order to carry out a project or activity, the City
tion and relocation requirements of the U.S. Uniform Relocation
acquisition Policies Act, as amended.
i
Page 9of9
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
COUNCIL AGENDA STATEMENT
____°ETING DATE January 19, 2010
AGENDA ITEM NO.
12
ITEM TITLE Resolution of the City Council of the City of National City authorizing the Mayor to execute a Grant
Agreement for a maximum amount of $2,000,000 between the San Diego Association of Governments (SANDAG)
and the City of National City for the 81h Street Corridor Smart Growth Revitalization Project (Funded by TransNet
Smart Growth Incentive Program for $2,000,000 and matching funds by Tax Increment Fund of $500,000 and Rule
20A for SDG&E Utility Undergrounding of $1,000,000)
PREPARED BY
DEPARTMENT EXT. 4382
Stephen Manganielloi2i Development Services/Engineering
EXPLANATION
See attached.
i
Environmental Review X N/A
MIS Approval
Financial Statement Approved By:
Finance Director
Funds are budgeted and appropriated in Account #321-409-500-598-3918: $2,000,000 (SGIP Grant), Account #511-
409-500-598-3918: $500,000 (Tax Increment) and $1,000,000 from Rule 20A SDG&E Utility Underciroundina held
with SDG&E. Account No.
STAFF RECOMMENDATION
Adopt the resolyrt on.
BOARD / COMMISSION RECOMMEDATION
N/A
ATTACHMENTS (Listed Below) Resolution No.
1. Explanation
2. Resolution
3. Grant Agreement
A-200 (Rev. 7/03)
Explanation
On February 3, 2009, per Resolution No. 2009-19, City Council authorized the filing of a
TransNet Smart Growth Incentive Program (SGIP) Grant application for the 8th Street Corridor
Smart Growth Revitalization Project.
On May 22, 2009 the SANDAG Board of Directors approved the 8th Street Corridor Smart
Growth Revitalization Project for TransNet SGIP funds in the amount of $2,000,000. The total
project cost is estimated at $3,500,000: $2,000,000 SGIP grant + $500,000 match from City
Tax Increment + $1,000,000 match from Rule 20A for SDG&E Utility Undergrounding.
The western portion of the project focuses on the area from the 8th Street Trolley Station to
National City Boulevard. Elements for the western project area include new lighting with
historic banners / way finding signs, street trees, Class 11 bicycle lanes, an "Historic Walk and
Mural" for the freeway underpass, pedestrian improvements at the 1-5 northbound on -ramp,
landscaped median islands for traffic calming and access control, and ADA upgrades. At the
intersection of National City Boulevard and 8th Street, the project will enhance the National
City gateway with new vertical supports for the pedestrian bridge structure, corner bulb -outs,
ADA upgrades, new lighting with historic banners / way finding signs, signature palm trees and
plantings.
The eastern portion of the project focuses on the area between National City Boulevard and D
Avenue. This portion of 8th Street will be narrowed from two lanes in each direction to one lane
in each direction with a center turn lane (consistent with the adopted Downtown Specific Plan)
to allow for wider sidewalks, corner bulb -outs, enhanced crosswalk striping, ADA upgrades,
mid -block landscaped median islands, and angled and parallel parking. To further enhance the
public realm, the project will implement new lighting with historic banners / way finding signs,
street trees and plantings, an information kiosk, benches, bike racks and other street
furnishings. The project will also deliver a new "Market Square" on A Avenue between 8th
Street and 9th Street where pedestrians can congregate for an expanded farmer's market and
street festivals, connecting to Historic Brick Row and Morgan Square. Ultimately, the 8th
Street project will invigorate smart growth and revitalize a critical transit / pedestrian corridor
for the benefit of local businesses, residents, visitors and the region as a whole.
Staff recommendation is for City Council to authorize the Mayor to execute a Grant Agreement
for a maximum amount of $2,000,000 between SANDAG and the City for the 8th Street
Corridor Smart Growth Revitalization Project funded by the TransNet Smart Growth Incentive
Program, FY 2010.
RESOLUTION 2010 —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE A GRANT AGREEMENT
BETWEEN THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG)
AND THE CITY OF NATIONAL CITY FOR A MAXIMUM AMOUNT OF $2,000,000
FOR THE 8TH STREET CORRIDOR SMART GROWTH REVITALIZATION PROJECT
WHEREAS, on February 3, 2009, the City Council adopted Resolution No. 2009-
19, authorizing the filing of a TransNet Smart Growth Incentive Program ("SGIP") Grant
application for the 8th Street Corridor Smart Growth Revitalization Project (the "Project"); and
WHEREAS, on May 22, 2009, SANDAG approved the Project for TansNet SGIP
funds in the amount of $2,000,000; and
WHEREAS, the total Project cost is estimated at $3,500,000; $2,000,000 SGIP
grant funds, $500,000 matching funds from City Tax Increment, and $1,000,000 match from
Rule 20A for SDG&E Utility Undergrounding; and
WHEREAS, the western portion of the Project provides for improvements from
the 8th Street Trolley Station to National City Boulevard, and the eastern portion between
National City Boulevard and D Avenue.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute a Grant Agreement between SANDAG
and the City of National City for a maximum amount of $2,000,000 for the 8th Street Corridor
Smart Growth Revitalization Project. Said Agreement is on file in the office of the City Clerk.
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
TransNet SMART GROWTH INCENTIVE PROGRAM FISCAL YEAR 2010
GRANT AGREEMENT 5001347 BETWEEN
THE SAN DIEGO ASSOCIATION OF GOVERNMENTS
AND
CITY OF NATIONAL CITY
REGARDING EIGHTH STREET CORRIDOR SMART GROWTH REVITALIZATION
THIS GRANI AGREEMENT 5001347 ("Agreement") is made this _ day of
January 2010, by and between the San Diego Association of Governments (hereinafter
referred to as "SANDAG"), 401 B Street, Suite 800, San Diego, California. 92101, and City of
National City, 1243 National City Boulevard, National City, CA 91950 (hereinafter referred to as
"Grantee").
The following recitals are a substantive part of this Agreement_
A. In November 2004, the voters of San Diego County approved SANDAG Ordinance 04-01,
which extended the TransNetY2 cent sales and use tax through 2048 (Extension Ordinance).
B. The Extension Ordinance contains provisions tor the creation of a Smart Growth Incentive
Program (SGIP), which began being funded by the Extension Ordinance on April 1, 2008.
C. In November 2008, SANDAG issued a requestfor proposals from local jurisdictions in
San Diego County wishing to apply for a portion of the SGIP funds for use on capital
improvement and planning projects meeting certain criteria.
D. Grantee successfully applied for SGIP funds for the following project: Eighth Street Corridor
Smart Growth Revitalization (hereinafter referred to as the "Project"). The Scope of Work for
the Project is attached as Attachment A.
E. The purpose of this Agreement is to establish the terms and conditions for SANDAG to
provide Grantee with funding to implement the Project.
F. Although SANDAG will he providing financial assistance to Grantee to support the Project,
SANDAG will not be responsible for Project implementation 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.
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.
B. 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 (See also Notice to
Proceed, below at paragraph H in this Section 1.)
C. Approved Project Budget. The most recent statement of the costs of the Project, the
maximum amount of assistance from SANDAG for which the 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.
D. Extension Ordinance Assistance. Funding from the TransNet Extension Ordinance for the
SGIP.
E. Grantee. The local jurisdiction that is the recipient of Extension Ordinance Assistance under
this Agreement. If the 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.
F. Maximum Percentage of SANDAG Participation. Grantee submitted an application and
was evaluated based on its representation that it would provide matching funds for the
Project. Grantee agrees to provide 43 percent, or $1,500,000 of the Approved Project Budget
as matching funds from resources other than the Extension Ordinance. Therefore, the
maximum percentage that SANDAG will pay Grantee for amounts invoiced under this
Agreement is 57 percent, or $2,000,000, whichever is the lesser of these two amounts.
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).
Based on the Approved Project Budget, the maximum amount of Extension Ordinance
Assistance SANDAG will pay to Grantee for amounts invoiced under this Agreement is
$2,000,000 or 57 percent of the Approved Project Budget, whichever is the lesser of these two
amounts.
H. Notice to Proceed means a written notice from SANDAG issued to the Grantee authorizing
the Grantee to proceed with all or a portion of the work described in the Scope of Work.
Grantee shall not proceed with the work, and shall not be eligible to receive payment for
work performed, prior to SANDAG's issuance of a Notice to Proceed.
2
Subgrantee. Any contractor or consultant, at any tier, paid directly or indirectly with funds
flowing from this Agreement for the Project.
Section 2. Project Implementation
A. General. The Grantee agrees to carry out the Project as follows:
1. 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. SANDAG authorizes
Grantee to begin working on the Project, and Grantee agrees to undertake Project
work, promptly after receiving a Notice to Proceed from SANDAG, notwithstanding the
effective date of this Agreement.
3. Grantee's Capacity. The 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. The 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.
6. Changes to Project Composition. This Agreement was awarded to Grantee based on
the application submitted by Grantee, which contained representations by Grantee
regarding the zoning, development parameters (such as population density), project
proximity to transit, and other criteria relevant to evaluating and ranking the Project
3
based on SANDAG smart growth goals ("Project Justification"). 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 SGIP and that
the changes would not have negatively affected the Project ranking during the grant
application process. SANDAG reserves the right to have Extension Ordinance Assistance
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 the 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 the Grantee is expected to fulfill any
responsibilities typically performed by the Grantee, the Grantee agrees to assure that
the entity carries out the 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. The 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. The 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, the 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 liabilities to any entity other than the Grantee, including any subgrantee,
lessee, or third -party contractor at any tier.
4
E. Changes in Project Performance. The 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 the Grantee's ability to perform the
Project in accordance with the terms of the Agreement. The 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, the 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.
Standard of Care. The 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 the 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 the Grantee or its subgrantees.
Section 3. Ethics
A. Grantee Code of Conduct/Standards of Conduct_ The 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 TransNet Ordinance assistance.
The 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. The Grantee may
set de minimis rules where the financial interest is not substantial, or the gift is an unsolicited
item of nominal intrinsic value. The 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, the
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. The 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 Extension Ordinance Assistance 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. The 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 are 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 are 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_ The Grantee affirms that it has not paid, and agrees not to pay, any
bonus or commission to obtain approval of its Extension Ordinance Assistance application for
the Project.
D. False or Fraudulent Statements or Claims. The 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.
6
Section 4. Approved Project Budget
Except to the extent that SANDAG determines otherwise in writing, the Grantee agrees as follows:
The Grantee and SANDAG have agreed to a Project budget that is designated the "Approved
Project Budget." The Grantee will incur obligations and make disbursements of Project funds only
as authorized 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 Extension
Ordinance Assistance 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; approval will not be unreasonably withheld.
Section 5. Payments
A. Funding Commitment. The Grantee agrees that SANDAG's maximum commitment for
Project Costs will not exceed the Maximum SANDAG Contribution of $2,000,000. SANDAG's
responsibility to make payments under this Agreement is limited to the amounts listed in the
Approved Project Budget for the Project. Within thirty (30) days of notification to the Grantee
that specific amounts are owed to SANDAG, whether for excess payments of Extension
Ordinance Assistance, failure to comply with the Use It or Lose It Policy (Attachment B),
disallowed costs, or funds recovered from third parties or elsewhere, the Grantee agrees to
remit the owed amounts to SANDAG, including applicable interest, penalties, and
administrative charges.
B. Payment by SANDAG. SANDAG shall pay Grantee on a quarterly basis, following receipt
and approval of an invoice accompanied by documentation of expenses incurred on the
Project, as well as a quarterly report describing progress on tasks in Scope of Work. Upon
receiving a request for payment and adequate supporting information, SANDAG will make
payment for eligible amounts to Grantee within thirty (30) days if Grantee has complied with
the requirements of the Agreement, including quarterly reporting requirements, has satisfied
SANDAG that the Extension Ordinance Assistance requested is needed for Project purposes in
that requisition period, and is making adequate progress toward Project completion. After
the Grantee has demonstrated satisfactory compliance with the preceding requirements,
SANDAG will reimburse the Grantee's apparent allowable costs incurred consistent with the
Approved Project Budget for the Project. SANDAG shall retain ten percent (10%) from the
amounts invoiced until satisfactory completion of work. SANDAG shall promptly pay
retention amounts to Grantee following Grantee's satisfactory completion of work, receipt of
Grantee's final invoice, and all required documentation.
C. Costs Reimbursed. The Grantee agrees that Project costs eligible for Extension Ordinance
Assistance must comply with all the following requirements. Except to the extent that
SANDAG determines otherwise, in writing, to be eligible for reimbursement. Project costs,
including matching funds, must be:
1. Consistent with the Project Scope of Work, the Approved Project Budget, and other
provisions of the Agreement,
7
2. Necessary in order to accomplish the Project,
3. Reasonable for the goods or services purchased, as evidenced by the Grantee's
independent cost estimate or construction cost estimate for the goods/services at issue,
along with a record of negotiation with a vendor/supplier,
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, and following
Grantee's receipt of a Notice to Proceed from SANDAG,
6. Satisfactorily 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 Extension Ordinance Assistance as part of the SGIP.
Excluded Costs
1. In determining the amount of Extension Ordinance Assistance SANDAG will provide for
the Project, SANDAG will exclude:
a. Any Project cost incurred by the 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.
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 Extension
Ordinance Assistance requested or paid, SANDAG will notify the Grantee in writing,
8
stating its reasons. The Grantee agrees that Project closeout will not alter the Grantee's
responsibility 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.
E. Duty to Obtain Matching Funds. The Grantee agrees to provide sufficient funds or
approved in -kind resources, together with the Extension Ordinance Assistance awarded, that
will assure payment of the actual cost of each Project activity covered by the Agreement for
the Project. The amount of matching funds and/or percentage(s) of matching funds Grantee
shall provide are set forth in the Approved Project Budget. The Grantee agrees to complete
all proceedings necessary to provide its share of the Project costs at or before the time the
matching funds are needed for Project costs.
Maximum Percentage of SANDAG Participation. Upon receipt of an invoice from
Grantee documenting Grantee's incurred and eligible expenses, SANDAG agrees to pay its
Maximum Percentage of SANDAG Participation based on the invoiced amount.
G. Reduction of Matching Funds. The Grantee agrees that no refund or reduction of the
amount of matching funds may be made unless, at the same time, a reduction of the
proportional amount of the Extension Ordinance Assistance provided is made to SANDAG in
order to maintain the Maximum Percentage of SANDAG Participation.
Section 6. Accounting Records
In compliance with applicable laws, regulations, and policies, the Grantee agrees as follows:
A. Project Accounts. The 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. The 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 the 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.
9
Section 7. Reporting, Record Retention, and Access
A. Types of Reports. The 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. The 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. The Grantee agrees to permit, and
require its subgrantees to permit, SANDAG or its authorized representatives, upon request, to
inspect 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.
E Project Closeout. The 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. All payments made to the Grantee shall be subject to review
for compliance by SANDAG with the requirements of this Agreement, and shall be subject to
an audit upon completion of the Project. If Grantee uses SANDAG funds for indirect costs,
final audit will include an indirect cost audit as well.
10
B. Project Closeout. Project closeout occurs when SANDAG notifies the Grantee that SANDAG
has closed the Project, and either forwards the final Extension Ordinance Assistance payment
or acknowledges that the Grantee has remitted the proper refund. The 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.
C. 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 (5) years after completion of construction. SANDAG may require
Grantee to refund Extension Ordinance Assistance 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
should 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.
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, the Grantee agrees that SANDAG may suspend or terminate all or
any part of the Extension Ordinance Assistance 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 Extension Ordinance Assistance for the Project.
D. In general, termination of Extension Ordinance Assistance 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
the Grantee has willfully misused Extension Ordinance Assistance by failing to make
adequate progress, or failing to comply with the terms of the Agreement, SANDAG
reserves the right to require the Grantee to refund the entire amount of Extension
Ordinance Assistance provided for the Project or any lesser amount as SANDAG may
determine.
11
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 SGIP and that the changes
would not have negatively affected the Project ranking during the grant application
process. SANDAG reserves the right to have Extension Ordinance Assistance withheld or
refunded due to substantive Project changes.
Section 10. Disputes and Venue
A. 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
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 twenty (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 ten (10) days from the postmark date of SANDAG's reply. The
Executive Director will respond to the request for reconsideration within ten (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
12
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
The 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
The Grantee has assigned Stephen Manganiello 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.
Section 13. Insurance
Grantee shall procure and maintain during the period of performance of this Agreement, and for
twelve (12) months following completion, policies of insurance from insurance companies
authorized to do business in the State of California or the equivalent types 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:
13
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
2. 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.
3. 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 loss 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
in connection with or incidental to the Project or this Agreement, Grantee agrees to 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 it 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
14
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: Smart Growth Incentive Program Manager
Grantee City of National City
1243 National City Boulevard
National City, CA 91950
Attn: Stephen Manganiello
and shall be effective upon receipt thereof.
Section 17. 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
Executive Director
RON MORRISON
Mayor
APPROVED AS TO FORM: APPROVED AS TO FORM
JULIA COLEMAN GEORGE H. EISER, III
Associate Legal Counsel City Attorney
15
16
ATTACHMENT A
SCOPE OF WORK, SCHEDULE, AND BUDGET
Project Location
8th Street between Harbor Drive (8th Street Trolley Station) and D Avenue
Project Description
Infrastructure improvements and streetscape enhancements to tie together previous redevelopment
efforts, including the Southwestern College Education Village, a new Chamber of Commerce
building, public library, the renovation of historic Brick Row at A Avenue and 9th Street, and several
new mixed -use development projects. The project will invigorate smart growth and revitalize a
critical transit/pedestrian corridor for the benefit of local businesses, residents, visitors, and the
region as a whole.
Specific improvements:
Western Portion (8th Street Trolley Station to National City Boulevard)
.• New lighting with historic banners/wayfinding signs
• Street trees
o Class II bicycle lanes
: A "historic walk and mural" with decorative safety lighting and railings for the freeway
underpass
• Pedestrian improvements at the I-5 northbound on -ramp
: Landscaped median islands for traffic calming and access control
• Creation of a new plaza at the trolley station with new lighting, furnishings, an information
kiosk, enhanced paving and landscaping, and ADA upgrades
Eastern Portion (National City Boulevard to D Avenue)
8th Street between National City Boulevard and D Avenue
• Narrowing from two lanes in each direction to one lane in each direction with a center turn
lane, intermittent median islands
• Wider sidewalks
• Corner bulbouts
• Enhanced crosswalk striping
New ADA curb ramps with detectable warning pads
• Landscaped median islands
• Alternating angled and parallel parking
New lighting with historic banners/wayfinding signs
Street trees and plantings
• Information kiosk
•:• Benches
• Bike racks
• Other street furnishings
Intersection of National City Boulevard and 8th Street
New vertical supports for the pedestrian bridge structure
Corner bulbouts
• ADA upgrades
• Lighting with historic banners/wayfinding signs
• Signature palm trees and plantings
A Avenue at 8th Street
• Development of a new "Market Square" for farmers markets and street festivals
17
TASK DELIVERABLES
START
DATE
COMPLETION
DATE
SANDAG
FUNDS
MATCHING
FUNDS
TOTAL
1. Execute grant agreement
Grant agreement & Notice to
Proceed
July 2009
January 2010
2, Prepare construction plans for
utility undergrounding (SDG&E)
100% plans
January
2010
June 2010
3. Prepare construction plans for
remaining project improvements
(50%)
50% plans
March 2010
July 2010
$120,000
$120,000
4. Conduct public workshop
Meeting notification & summaries
May 2010
May 2010
$5,000
$5,000
5. Utility undergroundinq construction
Notice of completion
July 2010
February 2011
$1,000,000
S1,000,000
6. Public presentation
Meeting notification & summaries
August
2010
August 2010
$5,000
55,000
7. Prepare construction plans & specs
for remaining project improvements
(90%)
90% plans & specs
August
2010
December 2010
$120,000
S120,000
8. Prepare construction plans & specs
for remaining project improvements
(100%)
100% plans & specs
January
2010
February 2010
$45,000
S45,000
9. Award construction contract
City council resolution
April 2011
April 2011
$5,000
$5,000
10. Construction for remaining project
improvements
Notice of completion
May 2011
February 2012
$2,000,000
$200,000
S2,200,000
TOTAL
$2,000,000
$1,500,000
$3,500,000
PROJECT REVENUES
SOURCE FY2010 FY2011 FY2012 TOTAL
TransNet SO $1,500,000 $500,000 52,000,000
Local: National City Tax Increment $200,000 $300,000 $500,000
Local: Rule 20A Funds for Utility Conversions $500,000 $500,000 51,000,000
TOTAL $700,000 $2,300,000 $500,000 $3,500,000
18
ATTACHMENT B
USE IT OR LOSE IT POLICY
1. Project Milestone and Completion Deadlines
1.1. This policy applies to all Smart Growth Incentive Program grant funds, whether from TransNet
or another source. By signing a grant agreement for the Smart Growth Incentive 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 (2) years
following execution of the grant agreement, and construction must be completed within eighteen
(18) 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 (1)-year
following execution of the grant agreement, and the planning project must be complete within
two (2) 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 (1)-Year
2.1. Grant recipients may receive extensions on their project schedules of up to one (1)-year for
good cause. Extensions of up to twelve (12)months aggregate that would not cause the project to
miss a deadline in Sections 1.1.1 or 1.12 may be approved by the SANDAG Program Manager for
the Smart Growth Incentive Program. Extensions beyond twelve months aggregate or that would
cause the project to miss 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 (6) months, the grant recipient must request the extension
in writing to the SANDAG Program Manager at least two (2) 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 (6) months, but less than twelve (12) months aggregate, the grant recipient must request
an extension in writing to the SANDAG Program Manager at least six (6) weeks prior to the earliest
project schedule milestone deadline for which an extension is being requested_
19
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 (10) business clays 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 (1)-Year
3.1. Requests for extensions beyond one (1)-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.
20
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 (6) 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.
21
ATTACHMENT C
PROJECT IMPLEMENTATION AND 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
a ppropr iate.
3. Plan Review: Grantee must submit project design drawings to SANDAG for review and
comment at 30 percent (30%), 60 percent (60%), 90 percent (90%), and 100 percent (100%).
SANDAG staff may meet with the 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 rnanner if there are any changes to staff assigned.
2. Stakeholder and Community Meetings. Grantee must provide SANDAG with advance
notice (preferably within two (2) weeks) and agendas of all stakeholder and community
meetings, and a meeting summary following the meeting_ SANDAG staff may attend any
meetings as appropriate.
22
3. Request for Proposals and Consultant Selection. Grantee must submit consultant
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.
23
City of National City, California
COUNCIL AGENDA STATEMENT
13
FETING DATE January 19, 2010 AGENDA ITEM NO.
ITEM TITLE . Resolution of the City Council of the City of National City approving the sale of real
property owned by the Community Development Commission of the City of National City located at 1640
East Plaza Boulevard to Palm Plaza Associates, LLC, and making certain findings in connection therewith
PREPARED BY George H. Eiser, III DEPARTMENT City Attorney EXT. 4221
EXPLANATION
Please see attached memorandum.
Environmental Review _X_ N/A
Financial Statement
N/A
Approved By: N/A
Finance Director
Account No.
STAFF RECOMMENDATION
Adopt resolution.
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below) Resolution No.
Proposed resolution.
A-200 (9/99)
Mayor
Ron Morrison
Council Members
Frank Parra
Alejandra Sotelo-Solis
Jess Van Deventer
Rosalie Zarate
y
mcoRPORATED
Office of the City Attorney
City Attorney
George H. Eiser, 111
Senior Assistant City Attorney
Claudia Gacitua Silva
Senior Assistant City Attorney
Jodi L. Doucette
TO: Mayor and City Council DATE: January 12, 2010
FROM: City Attorney
SUBJECT: City Council Approval of CDC -Owned Property at 1640 East Plaza Boulevard
On January 5, 2010, the City Council adopted Resolution No. 2010-7, approving a Planned
Development Permit, Tentative Subdivision Map, and Negative Declaration for a 72 unit market
rate residential condominium project (the "Project") located at the southeast corner of East Plaza
Boulevard and Palm Avenue. Palm Plaza Associates, LLP (the "Developer") already owns a
1.144 acre parcel of land at the site.
In order to assemble all necessary land for the Project, it is necessary for the Developer to
purchase from the CDC a parcel of land approximately 1.066 acres of area, located at 1640 East
Plaza Boulevard (the "Property"). Because the Property had been acquired with tax increment
funds, the procedures set forth in the Community Redevelopment Law, specifically Health and
Safety Code Section 33433, must be followed in order for the CDC to sell the Property to the
Developer.
The first step required by Section 33433 is for the CDC to make available to the public a report
summarizing the transaction. Such a report was made available by the CDC beginning December
18, 2009. On the same date, the first notice of a public hearing, to be held on January 19, 2010,
was published, as required by Section 33433; a subsequent notice was published on December
25, 2009.
The final actions required by Section 33433 are for the City Council to hold a public hearing and
to adopt a resolution approving the sale of the Property, and for the CDC to approve a Purchase
and Sale Agreement with the Developer. A public hearing to consider approval of the sale is a
companion item on this agenda. Also appearing as a companion item is a proposed resolution of
the CDC approving the Purchase and Sale Agreement pursuant to which the Property will be
sold. A copy of the Purchase and Sale Agreement is included with that agenda item. The
resolution proposed for this agenda item would approve the sale by the City Council, and would
be based upon the following findings:
• The consideration for the disposition of the Property, pursuant to the terms and
conditions of the proposed Purchase and Sale Agreement, is not less than the fair
market value of the Property at its highest and best use in accordance with the
Redevelopment Plan.
1243 National City Boulevard; National City, California 91950-4301
Tel.: (619) 336.4220 Fax: (619) 336.4327
Approval of CDC -Owned Property
January 12, 2010
Page 2
• The Project is of benefit to the National City Redevelopment Project area.
• The disposition of the Property pursuant to the proposed Agreement will eliminate
blight within the Project Area by providing for the reuse and redevelopment of a
portion of the Project Area which was declared blighted.
• The Agreement is consistent with the Implementation Plan for the Redevelopment
Plan adopted pursuant to Health and Safety Code Section 33490.
It is recommended that the proposed resolution he approved by the City Council.
GEORGE H. EISER, III
City Attorney
GHE/gmo
• Page 2
RESOLUTION NO. 2010 —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
APPROVING THE SALE OF REAL PROPERTY OWNED BY
THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF
NATIONAL CITY LOCATED AT 1640 EAST PLAZA BOULEVARD
TO PALM PLAZA ASSOCIATES, LLC, AND MAKING CERTAIN
FINDINGS IN CONNECTION THEREWITH
WHEREAS, the Community Development Commission of the City of National
City (the "CDC") is engaged in activities necessary to execute and implement the
Redevelopment Plan (the "Redevelopment Plan") for the National City Redevelopment Project
(NCRP); and
WHEREAS, in furtherance of the objectives of the California Community
Redevelopment Law (California Health and Safety Code Section 33000 et seq.), the CDC
desires to redevelop a certain approximately 1.666 acre portion of the NCRP area located at
1640 East Plaza Boulevard (the "Property") which is owned by the CDC; and
WHEREAS, the Implementation Plan adopted by the CDC with respect to the
NCRP area calls for the CDC's objective to "increase private investment wherever possible, to
promote jobs and improve the property and sales tax base of the City"; and
WHEREAS, the CDC and Palm Plaza Associates, LLC (the "Developer"),
propose to enter into a Purchase and Sale Agreement (the "Agreement") pursuant to which the
CDC would convey the Property to the Developer, and the Developer would construct on the
Property and on land already owned by the Developer improvements consisting of 72 market
rate residential condominium units, and associated on- and off -site improvements (the
"Project"); and
WHEREAS, pursuant to Section 33433 of the Community Redevelopment Law,
the CDC is authorized, with the majority approval of the City Council after public hearing, to
convey the Property for redevelopment purposes pursuant to the Redevelopment Plan upon a
determination by the City Council that the sale of the Property will assist in the elimination of
blight and that the consideration for such sale is not less than fair market value of the Property
at its highest and best use in accordance with the Redevelopment Plan; and
WHEREAS, pursuant to Section 33445 of the Community Redevelopment Law,
the CDC has determined that the Project is of benefit to the NCRP area, the area in which it is
proposed to be located; and
WHEREAS, a public hearing notice was duly noticed in accordance with the
requirements of Health and Safety Code Section 33433; and
WHEREAS, the proposed Agreement, and summary report meeting the
requirements of Health and Safety Code Section 33433, was available for public inspection
consistent with the requirements of Health and Safety Code Section 33433; and
WHEREAS, on January 19, 2010, the City Council held a public hearing on the
proposed Agreement and evaluated all of the information, testimony, and evidence presented
during the public hearing; and
WHEREAS, the CDC has reviewed the summary report required pursuant to
Health and Safety Code Section 33433 and evaluated other information provided to it pertaining
to the findings required pursuant to Section 33433; and
Resolution No. 2010 —
January 19, 2010
Page 2
WHEREAS, the sale of the Property pursuant to the proposed Agreement will
improve the quality of life of the residents of the City of National City and its visitors through the
elimination of blight and the development of quality projects in the NCRP area by providing for
the reuse and redevelopment of a portion of the NCRP area which formerly contained
substandard structures; and
WHEREAS, the value of the consideration for the Property, pursuant to proposed
Agreement will not be less than the fair market value of the Property as set forth in the summary
report completed per Section 33433; and
WHEREAS, the CDC has determined that the execution of the proposed
Agreement by and between the CDC and the Developer is not subject to the requirements of
the California Environmental Quality Act (the "CEQA") and that the proposed Agreement does
not constitute a Project"as defined by CEQA due to the fact that the proposed Agreement does
not grant any approvals or authorizations for any development or improvements on the Property
without the necessary entitlements; and
WHEREAS, all actions required by all applicable law with respect to the proposed
Agreement has been taken in an appropriate and timely manner; and
WHEREAS, the CDC has duly considered all terms and conditions of the
proposed Agreement and believes that the disposition of the Property pursuant thereto is in the
best interests of the City of National City and the health, safety, and welfare of its residents, and
in accord with the public purposes and provisions of applicable state and local law
requirements.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
National City as follows:
Section 1. The City Council hereby finds and determines, based upon substantial
evidence provided in the record before it, that the consideration for the disposition of the
Property, pursuant to the terms and conditions of the proposed Agreement, is not less than the
fair market value of the Property at its highest and best use in accordance with the
Redevelopment Plan.
Section 2. The City Council hereby finds and determines, based upon substantial
evidence provided in the record before it, that the Project is of benefit to the NCRP area, the
area in which it is proposed to be located.
Section 3. The City Council hereby finds and determines that the disposition of the
Property pursuant to the proposed Agreement will eliminate blight within the Project Area by
providing for the reuse and redevelopment of a portion of the Project Area which was declared
blighted for the reasons described above.
Section 4. The CDC Executive Director is authorized to file a Notice of Exemption
with the County Clerk of the County of San Diego following adoption by the CDC of the
resolution approving the proposed Agreement.
Section 5. The CDC Chairman is authorized to execute the proposed Agreement
following adoption by the CDC of the resolution approving the proposed Agreement.
Resolution No. 2010 —
January 19, 2010
Page 3
Section 6. The City Council hereby finds and determines that the Agreement is
consistent with the Implementation Plan for the Redevelopment Plan adopted pursuant to
Health and Safety Code Section 33490.
PASSED and ADOPTED this 19th day of January, 2010.
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
METING DATE January 19, 2010 AGENDA ITEM NO.
ITEM TITLE City of National City Comprehensive Annual Financial Report for the Fiscal Year Ended
June 30, 2009
14
PREPARED BY Jeanette Ladri
Finance Dire
EXPLANATION
DEPARTMENT Finance x 4331
Transmitted herewith is the City of National City's Comprehensive Annual Financial Report for the
fiscal year ended June 30, 2009 prepared by our external auditors, Mayer Hoffman McCann, P.C.
The reports include all agencies under the control of the City Council including the Community
Development Commission.
The auditors have conducted their examination of the financial statements in accordance with
generally accepted auditing standards and expressed a clean opinion of those statements.
The Comprehensive Financial Report was completed and posted on the City's website on December
29, 2009 Copies may also be viewed in the City Clerk's office or the National City Public Library.
Environmental Review x N/A
Financial Statement
N/A
Account No.
STAFF RECOMMENDATION
Accept and File
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below) Resolution No.
1. Comprehensive Annual Financial Report as of June 30, 2009 (Copy .for review can be
viewed in the City Clerk `s Office or the National City Public Library).
A-200 (9/80)
City of National City, California
COUNCIL AGENDA STATEMENT
ETING DATE January 19, 2010
AGENDA ITEM NO. 15
ITEM TITLE City of National City's Single Audit Report on Federal Awards for the Fiscal Year Ended
June 30, 2009
PREPARED BY Jeanette Ladrid\/�, DEPARTMENT Finance x 4331
Finance Directo
EXPLANATION
Transmitted herewith is the City of National City's Single Audit Report on Federal Awards for the fiscal
year ended June 30, 2009 prepared by our external auditors, Mayer Hoffman McCann, P.C.
The reports include all agencies under the control of the City Council including the Community
Development Commission.
The auditors have conducted their examination of the financial statements in accordance with
generally accepted auditing standards and expressed a clean opinion of those statements.
The Single Audit was completed on December 28, 2009 and posted on the City's website on January
11, 2010. Copies may also be viewed in the City Clerk's office or the National City Public Library.
Environmental Review X N/A
Financial Statement
N/A
Account No.
STAFF RECOMMENDATION
Accept and File
BOARD / COMMISSION RECOMMENDATION
N/A
kTTACHMENTS ( Listed Below) Resolution No.
I . Single Audit Report on Federal Awards for the Fiscal Year Ended June 30, 2009
l
A-200 (9/80)
CITY OF NATIONAL CITY
NATIONAL CITY, CALIFORNIA
Single Audit Report on Federal Awards
Year ended June 30, 2009
CITY OF NATIONAL CITY
Single Audit Report on Federal Awards
Year ended June 30, 2009
TABLE OF CONTENTS
Pa{re
Report on Internal Control over Financial Reporting and on Compliance
and Other Matters Based on an Audit of Financial Statements
Performed in Accordance with Government Auditing Standards 1
Report on Compliance with Requirements Applicable to Each
Major Program and on Internal Control over Compliance and on
the Schedule of Expenditures of Federal Awards in Accordance
with OMB Circular A-133 3
Schedule of Expenditures of Federal Awards 5
Notes to the Schedule of Expenditures of Federal Awards 6
Supplementary Information:
U.S. Department of Housing and Urban Development
Financial Data Schedule (CAI 16)
Schedule of Findings and Questioned Costs 12
Summary Schedule of Prior Audit Findings 13
3x.�„�s..�; er°
i
An Independent CPA Firm
2301 Dupont Drive, Suite 200
Irvine, California 92612
949-4 4-2020 ph
949-263-5520 fx
www.mhm-pc.cam
Honorable Members of the City Council
City of National City, California
REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING
AND ON COMPLIANCE AND OTHER MATTERS BASED
ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN
ACCORDANCE WITH GOVERNMENT AUDITINGSTANDARDS
We have audited the financial statements of the City of National City, California (the Citv) as of
and for the year ended June 30. 2009, and have issued our report thereon dated December 28,
2009. We conducted our audit in accordance with auditing standards generally accepted in the
United States of America and the standards applicable to financial audits contained in Govern/nerd
Auditing Standards, issued by the Comptroller General of the United States_
Compliance and Other Matters
As part of obtaining reasonable assurance about whether the City of National City' financial
statements are free of material misstatement, we performed tests of its compliance with certain
provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could
have a direct and material effect on the determination of financial statement amounts. However,
providing an opinion on compliance with those provisions was not an objective of our audit, and
accordingly, we do not express such an opinion. The results of our tests disclosed no instances of
noncompliance or other matters that are required to be reported under Government Auditing
Standards.
Internal Control Over Financial Reporting
In planning and performing our audit, we considered the City's internal control over financial
reporting a.s a basis for designing our auditing procedures for the purpose of expressing our
opinion on the financial statements, but not for the purpose of expressing an opinion on the
effectiveness of the City's internal control over financial reporting. Accordingly, we do not
express an opinion on the effectiveness of the City's internal control over financial reporting_
A control deficiency exists when the design or operation of a control does not allow management
or employees, in the normal course of performing their assigned functions, to prevent er detect
misstatements on a timely basis. A significant deficiency is a control deficiency, or combination of
control deficiencies, that adversely affects the entity's ability to initiate, authorize, record, process,
or report financial data reliably in accordance with generally accepted accounting principles such
that there is more than a remote likelihood that a misstatement of the City's financial statements
that is more than inconsequential will not be prevented or detected by the City's internal control.
1
Honorable Members of the City Council
City of National City, California
Page Two
A material weakness is a significant deficiency, or combination of significant deficiencies, that
results in more than a remote likelihood that a material misstatement of the financial statements
will not be prevented or detected by the City's internal control.
Our consideration of internal control over financial reporting was for the limited purpose
described in the first paragraph of this section and would not necessarily identify all deficiencies in
internal control that night be significant 'deficiencies and, accordingly, would not necessarily
disclose all significant deficiencies that are also considered to be material weakness. We did not
identify any deficiencies in internal control over financial reporting that we consider to be material
weaknesses, as defined above.
We noted certain matters we reported to the management of the City of National City in a
separate letter dated December 28, 2009.
This report is intended solely for the information and use of the City's management and City
Council and is not intended to be and should not be used by anyone other than these specified
parties.
j4: y�` } b-r.e.ri t 12 r.
Urine, California
December 28, 2009
., o-. frnan r cCan
An Independent CPA Firm
2301 Dupont Drive. Suite 200
Irvine. California 92612
949-474-2020 ph
949-263-5520 fx
www.mhm pc.com
Honorable Members of the City Council
City of National City_ California
REPORT ON COMPLIANCE WITH REQUIREMENTS APPLICABLE TO
EACH MAJOR PROGRAM AND ON INTERNAL CONTROL OVER
COMPLIANCE AND ON THE SCHEDULF. OF EXPENDITURES OF FEDERAL
AWARDS IN ACCORDANCE WITH OMB CIRCULAR A-133
Compliance
We have audited the compliance of the City of National City, California (the City) with the types
of compliance requirements described in the U.S. Office of Management and Budget (OA1B)
Circular A-133 Compliance Supplement that are applicable to each of its major federal programs
for the year ended June 30, 2009. The City's major federal programs are identified in the summary
of auditors' results section of the accompanying schedule of findings and questioned costs.
Compliance with the requirements of laws, regulations, contracts and grants applicable to each of
its major federal programs is the responsibility of the City's management_ Our responsibility is to
express an opinion on the City's compliance based on our audit.
We conducted our audit of compliance in accordance with auditing standards generally accepted
in the United States of America, the standards applicable to financial audits contained in
Government Auditing Standards, issued by the Comptroller General of the United States; and
OMB Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations.
Those standards and OMB Circular A-133 require that we plan and perform the audit to obtain
reasonable assurance about whether noncompliance with the types of compliance requirements
referred to above that could have a direct and material effect on a major federal program
occurred. An audit includes examining, on a test basis, evidence about the City's compliance with
those requirements and performing such other procedures as we considered necessary in the
circumstances. We believe that our audit provides a reasonable basis for our opinion. Our audit
does not provide a legal determination on the City's compliance with those requirements.
In our opinion, the City complied, in all material respects, with the requirements referred to above
that are applicable to each of its major federal programs for the year ended June 30, 2009.
Internal Control Over Compliance
The management of the City is responsible for establishing and maintaining effective internal
control over compliance with the requirements of laws, regulations, contracts, and grants
applicable to federal programs In planning and performing our audit, we considered the City's
internal control over compliance with the requirements that could have a direct and material effect
on a major federal program in order to determine our auditing procedures for the purpose of
expressing our opinion on compliance, but not for the purpose of expressing an opinion on the
effectiveness of internal control over compliance. Accordingly, we do not express an opinion on
the effectiveness of the City's internal control over compliance_
Honorable Members of the City Council
City of National City, California
Page Two
A control deficiency in an entity's internal control over compliance exists when the design of
operation of a control does not allow management or employees, in the normal course of
performing their assigned functions, to prevent or detect noncompliance with a type of
compliance requirement of a federal program on a timely basis_ A significant deficiency is a
control deficiency, or combination of control deficiencies, that adversely affects the entity's ability
to administer a federal program such that there is more than a remote likelihood that
noncompliance with a type of compliance requirement of a federal program that is more than
inconsequential will not be prevented or detected by the entity's internal control.
A material weakness is a significant deficiency, or combination of significant deficiencies, that
results in more than a remote likelihood that material noncompliance with a type of compliance
requirement of a federal program will not be prevented or detected by the entity's internal control.
Our consideration of internal control over compliance was for the limited purpose described in the
first paragraph of this section and would not necessarily identify all deficiencies in internal control
that might be significant deficiencies or material weaknesses_ We did not identify any deficiencies
in internal control over compliance that we consider to be material weaknesses, as defined above.
Schedule of Expenditures of Federal Awards
We have audited the financial statements of the governmental activities, the business -type
activities, each major fund and the aggregate remaining fund information of the City of National
City as of and for the year ended June 30, 2009, and have issued our report thereon dated
December 28, 2009. Our audit was performed for the purpose of forming an opinion on the basic
financial statements taken as a whole. The accompanying Schedule of Expenditures of Federal
Awards and the supplementary information (the Financial Data Schedule) are presented for
purposes of additional analysis as required by OMB Circular A-133 and the U.S. Department of
Housing and Urban Development and is not a required part of the basic financial statements. Such
information has been subjected to the auditing procedures applied in the audit of the financial
statements and, in our opinion, is fairly stated, in all material respects, in relation to the financial
statements taken as a whole_
This report is intended for the information of the City's management, federal awarding agencies
and pass -through entities and is not intended to be and should not be used by anyone other than
those specified parties.
712a #",f{it:'-.7''i#•r... /)?
Irvine, Califonria
December 28, 2009
4
CITY OF NATIONAL CITY
Schedule of Espenclitures of Federal Awards
Year ended June 30. 2009
Federal Federal
Federal Grantor! Program Domestic Financial Amount
Pass -through Grantor/ Intent I -matron Assistance Assistance Provided to
Program l rile Number Number Es tend itu res Subrcc intents
U S. Department of Healdh and Human Services
Passed through the County of San Diego.
Special Programs for the Aging, Title 111, Part C 388636 93_045 $ 273,531
U.S. Department of Housing and Urban Development
Direct assistance_
Community Development Block Grant - Entitlement Pruuran
HOME Investment Partnerships Program
Section 8 Housing Choice Vouchers
Section 8 Housing Choice Vouchers - Morgan Towers*'
Supportive Housing for- the Elderly - Morgan Towers
Healthy Homes Demonstration Grants
Total U.S. Department of Housing and Urban Development
13-08-MC-06-0560 14.21S
M-06-MC 016-0522 14239
CAI 16Vf) 14871
CA6000601 1 14.871
CA6000601 I 14.157
CAI.HH0145-05 14 901
1217,674
277,310
9,212,741
u13,345
2.673586
279.524
184.971
152,858
123.880
14.2)4.380 461.709
U.S. Department of Justice
Direct assistance.
Edward Byrne Justice Assistance Grant Program vta rows 16-738 94,329
Protect Sate Neighborhood Grant Program 2003-GP-CX-0542 16.609 1 1 780
Total U.S. Depanment ofJustice _ 106,109
t1 S Depanment of Transportation
Direct assistance.
Click It orT rcket - State and Community Highway Safety CF09279 20 600 1 I,-103
O7S DUI Enforcement - State and Community Highway Safety AID817 20 600 130 (184
Sobriety Checkpoint GrantOl S SC09279 20.600 7;217
Traffic Collision System-OTS RS0901 20. 600 33,570
total U S Depart meat of Transportation 182,274
Corporation for National and Community Service
Passed lhroueh the California Service Corps.
Amer iCorps
03ACHY 12-C65
94.006 640967
ll. S. Department of Homeland Security
Direct assistance
Assistance to Firefighters Grant Program nia 97.044
I lomcland Security Grant Program Various 97.073
15.091
45.700
Total U.S- Department of Homeland Senorita _. _ 60_791
Institute of Museum & L. Services
Direct assistance_
Library Services and Ter hnolugs Act (LSTA) Grants
40-7114
45.310 270.778
Total Federal Financial Assistance Expenditures $ 15,758,830
nhv - Not Available
` - Major Program
rz - See Note lid) in the Notes to the Schedule of Federal Awards for I -IUD required information.
The accompan, ing notes are an integral part of this schedule.
5
461 709
CITY OF NATIONAL CITY
Notes to the Schedule of Expenditures of Federal Awards
Year ended June 30, 2009
(1) Summary of Significant Accounting Policies Applicable to the Schedule of Expenditures of
Federal Awards
(a) Scope of Presentation
The accompanying schedule presents only the expenditures incurred (and related
awards received) by the City of National City, California (the City) which are
reimbursable under federal programs of federal financial assistance. For purposes of
this schedule, federal awards include both federal financial assistance received directly
from a federal agency, as well as federal funds received indirectly by the City tiom
non-federal organizations. Only the portion of program expenditures reimbursable
with such federal finds are reported in the accompanying schedule. Program
expenditures in excess of the maximum federal reimbursement authorized and the
portion of program expenditures that were funded with state, local or other non-
federal hinds are excluded from the accompanying schedule
(b) Basis of Accounting.
The expenditures included in the accompanying schedule were reported on the
modified accrual basis of accounting. Under the modified accrual basis of accounting,
expenditures are recognized when the City becomes obligated for payment as a result
of the receipt of the related goods and services. Expenditures reported include any
property or equipment acquisitions incurred under the Federal program.
(c)
Subrecipients
During the fiscal year ended June 30, 2009, the City disbursed $461,709 to
subrecipients to be used for federally allowable expenditures in accordance with the
grant agreements.
PJIA: CA116
EYED: 06/30/2009
CITY OF NATIONAL CITY
Financial Data Schedule
Year ended June 30. 2009
Entity \\ ide Balance Sheet Summary
Line
Item No.
Account Description
11.871
COCC
Subtotal
Elim
Total
I I 1 Cash - Unrestricted
112 Cash - Restricted - Modernization and Development
113 Cash - Other Restricted
114 Cash -Tenant Security Deposits
115 Cash - Restricted for Payment o1Curreat Liabilities
100 Total Cash
121 Accounts Receivable - PHA Projects
122 Accounts Receivable - HUD Other Projects
124 Accounts Receivable - Other Government
125 Accounts Receivable - Miscellaneous
126 Accounts Receivable - Tenants
126.1 Allowance for Doubtful .Accounts - Tenants
126.2 Allowance for Doubtful Accounts - Other
127 Notes, Loans. & Mortgage Receivable - Current
128 Fraud Recover
128.1 Allowance for Doubtful Accounts - Fraud
129 Accrued Intelest Receivable
120 Total Receivables_ Net of Allowances for Doubtful Accounts
131 Investments - Unrestricted
132 Investments - Restricted
135 Investments - Restricted for Payment of Current Liability
142 Prepaid Expenses and Other Assets
143 Inventories
143.1 Allowance Ibr Obsolete Inventories
144 Inter Program Due From
145 Assets Held for Sale
150 Total Current Assets
161 Land
162 Buildings
163 Furniture. Equipment & Machinery - Dwellings
164 Furniture. Equipment & Machinery - Administration
165 Leasehold hnporvements
166 Accumulated Depreciation
167 Contruction in Progress
168 lufiastnicture
160 Total Capital Assets. net of Accumulated Depreciation
171 Notes. Loans and Mortgages Receivable - Non -Current
172 Notes. Loans and Mortgages Receivable - Nun -Current - Past Due
173 Grants Receivable - Non -Current
174 Other Assets
176 Investments in Joint Ventures
180 Total Non -Current Assets
190 Dotal Assets
7
190,457
96.325
286.782
15,289
15.289
302.071
190.457
96.325
286.782
190.457
96.325
286.782
15.289 - 15.289
15.289 - _ 15.289
302.071 - 302.071
302,071 - 302_071
302,071
(Continued)
CITY OF NATIONAL CITY
Financial Data Schedule
Year ended June 30. 2009
Entity Wide Balance Sheet Summary
PHA: CA116 EYED: 06/30/2009
Line
Item No
Account Description
14.871
COCC
Subtotal
Elirn
Total
311 Bank Overdraft
312 Accounts Payahle <= 90 Days
313 Accounts Payahle > 90 Days Past Due
321 Accrued Wage/Pavroll Taxes Payable
322 Accrued Compensated Abseneces - Current Portion
324 Accrued Contingency Liability
352 Accrued Interest Payable
331 Accounts Payable - HUD PIIA Programs
332 Accounts Payahle - PILA Projects
333 Accounts Payable - Other Government
341 Tenant Security Deposits
342 Deferred Revenues
343 Current Portion of I one -teen Debt - Capital Projects/Mortgage Revenue Bonds
314 Current Portion of Lone-leim Debt - Operating Borrowings
345 Other Current Liabilities
346 Accrued Liabilities - Other
347 Inter Program - Due To
348 Loan Liability - Current
310 Total Current Liabilities
351 Long-term Debt. Net of Current - Capital Projects/Mortgage Revenue
352 Long-term Debt Net of Current - Operating Borrowings
353 Non -current Liabilities - Other
354 Accrued Compensated Absences - Non Current
355 Loan Liability - Non Current
356 FASB 5 Liabilities
357 Accrued Pension and OPEB Liabilities
350 Total Non -Current Liabilities
24_385
20,953
10.205
55.543
62.015
62.015
300 Total Liabilities 117.558
508_1 Invested in Capital Assets, Net of Related Debt
509.2 Fund Balance Reserved
511.2 Unreserved, Designated Fund Balance
51 1.1 Restricted Net Assets
512.1 Unrestricted Net Assets
512.2 Unreserved. Undesignated Fund Balance
513 Total Equity/ Net Assets
600 Total Liabilities and Equity/Net Assets
184,513
24.385
24.385
20,953 - 20.953
10.205 - 10.205
55543 - 55.543
62.015 62.015
62,015 - 62.015
117,558 1 17_558
184,513 - 184513
184,513 - 184,513
302.071 - 302.071
184,513
302,071
(Continued)
8
PHA: CA116
EYED: 06/30/2009
CITY OF NATIONAL CITY
Financial Data Schedule
Year ended June 30.2009
Entity \Fide Revenue and Expense Summary
I.ine
Item No.
Account Description
14.871
COCC
Subtotal
Elim
Total
70300 Net Tenant Rental Revenue
70400 Tenant Revenue- Other
70500 total tenant Revenue
70600 HUD PHA Operating Grants
70610 Capital Grants
70710 Management Fee
70720 Asset Management Fee
70730 Book Keeping Fee
70740 Front Line Serviec Fee
70750 Other Fees
70700 Total Fee Revenue
70800 Other Government Grants
71 100 Investment Income - Unrestricted
71200 Mortgage Interest Income
71300 Proceeds from Disposition of Assets Held for Sale
71310 Cost of Sale of Assets
71400 Fraud Recovery
71500 Other Revenue
71600 Gain or Loss on Sale ofCapital Assets
72000 Investment Income - Restricted
70000 Total Revenue
91100 Administrative Salaries
91200 Auditing Fees
91300 Management Fee
91310 Book-keeping Fee
91400 Advertising and Marketing
91500 Employee Benefit Contributions - Administrative
91600 Office Expenses
91700 Legal Expense
91800 Travel
91810 Allocated Overhead
91900 Other
91000 Total Operating - Administrative
92000 Asset Management Fee
92100 Tenant Sell, tees - Salaries
92200 Relocation Costs
92300 Employee Benefits Contributions - Tenant Services
92400 Tenant Services- Other
92500 total Tenant Services
93100 Water
93200 Electricity
93300 Gas
93400 Fuel
93500 Labor
93600 Sewer
93700 Employee Benefit Contributions - Utilities
93800 Other Utilities Expense
93000 Total Utilities
9
8,253,826
8253.826
37,730
36.109
8, 327 665
600.180
6.000
240.733
148.910
995.823
8.253.826 8253,826
8.253.826 - 8253.826
37.730
36, 109
37.730
36,109
8327.665 - 8.327.665
600..180
6.000
600,180
6.000
240,733 - 240,733
148.910 - 148,910
995.823 - 995.823
(Continued)
CITY OF NATIONAL CITY
Financial Data Schedule
Year ended June 30. 2009
Entity Wide Revenue and Expense Summary
PHA: CAl16 EYED: 06/30/2009
Line
Item No-
Account Description
14.871
COCC
Subtotal
Ellin
Total
94100 Ordinary Maintenance and Operations - labor
94200 Ordinary Maintenance and Operations - Materials and Other
94300 Ordinary Maintenance and Operations Contracts
94500 Employee Benefit Contributions - Ordinary Maintenance
94000 Total Maintenance
95100 Protective Services - Labor
95200 Protective Services - Other Contract Costs
95300 Protective Services - Other
95500 Employee Benefit Contribution - Protective Services
95000 Total Protective Services
96110 Property Insurance
96120 Liability Insureance
96130 Workmen's Compensation
96140 All Other Insurance
96100 Total Insurance Premiums
96200 Other General Expenses
96210 Comensated Absences
96300 Payments in lieu of Taxes
96400 Bad Deht- TenantRents
96500 Bad Deht - Mortgages
96600 Bad Debt - Other
96800 Severance Expense
96000 Total Other General Expenses
96710 Interest of Mortgage (or Bonds) Payable
96720 interest on Notes Payable (Short and I.ong Term)
96730 Amortization of Mond Issue Costs
96700 Total Interest Expense and Amortization Cost
96900 Total Operating Expenses
97000 Excess of Operating Revenue over Operating Expenses
97100 Extraordinary Maintenance
97200 Casualty Losses - Non -capitalized
97300 Housing Assistance Payments
97350 HAP Portability -In
97400 Depreciation Expense
97500 Fraud Losses
97600 Capital Outlays - Governmental Funds
97700 Debt Principal Payment - Government Funds
97800 Dwelling Units Rent Expense
90000 Total Expenses
4.045 - 4.045 - 4.045
4,045 - 4,045 - 4,045
999.868
7327.797
8,298,727
9.298.595
999,868 - 999,868
7.327.797 - 7327.797
8,298,727 - 8,298,727
9,298,595 - 9,298,595
(Continued)
10
PHA CAII6
EYED: 06/30/2009
CITY OF NATIONAL CITY
Financial Data Schedule
Year ended June 30.2009
Entity Wide Revenue and Expense Summary
Line
Item No.
Account Description
14.871
COCC
Subtotal
Flim
Total
10010 Operating Transfer In
10020 Operating Transfer Out
10030 Operating Transkr from/to Primar} (,ocernmeut
10040 Operating Transfer from/to Component Unit
10050 Proceeds from Notes. Loans and Bonds
10060 Proceeds from Property Sales
10070 Extraordinary Items. net Gain/Loss
10080 Special Items (Net Gain/Loss)
10091 Inter Project Excess Cash Transfer In
10092 Inter Project Excess Cash Transfer Out
10093 Transfers between Program and Project - In
10094 Transfers between Program and Protect - Out
10100 Total Other Financing Sources (Uses)
10000 Excess (Deficiency) of Total Revenue Over (finder) Total Expenses
(970.930)
(970,930) - (970.930)
11020 Required Annual Debt Principal Payments - -
11030 Beginning Equity 1.155.443 - 1,155,443 - 1.155443
11040 Prior Period Adjustment. Equity Transfers and Correction of Errors
11050 Changes in Compensated Absence Balance
11060 Changes in Contingent t lability Balance
11070 Changes in Unrecognized Pension Transition Liability
11080 Changes in Special Term/Severance Benefits Liability
11090 Changes in Allowance Tor Doubttid Accounts - Dwelling Rents
11 100 Changes in Allowance for Doubtful Accounts - Other
11170 Adminstrative Fee Equity 44.382 - 44.387 - 44.382
11180 !lousing Assistance Pavmeuts Equity 14(1.131 - 140.131 - 140,131
11190 Unit Months Available 12528 - 12,528 - 12,528
11210 Number of Unit Monts Leased 12.946 12,946 - 12,946
11270 Excess Cash -
11610 land Purchases -
11620 Building Purchases - -
11630 Furniture & Equipment - Dwelling Purchases - - - - 11640 Furniture & Equipment - Administrative Purchases - - - - -
11650 Leasehold Improvements Purchases - - - -
11660 Intl astracture Purchases - - -
13510 CFFP Debt Service Payments - - - 13901 Replacement Housing Factor Funds - - - -
CITY OF NATIONAL CITY
Schedule of Findings and Questioned Costs
Year ended June 30, 2009
(A) Summary of Auditors' Results
1. An unqualified report was issued by the auditors on the financial statements of the
auditee.
2.
No material weaknesses were reported for the period under audit, nor were there any
significant deficiencies reported.
3. The audit disclosed no instances of noncompliance that were material to the financial
statements of the auditee.
4. There were no material weaknesses in internal control over the major programs of the
auditee.
5. An unqualified report was issued by the auditors on compliance for major programs.
6. The results of our auditing procedures disclosed no findings required to be reported
under paragraph .510(a) of OMB Circular A-133.
7. The major programs of the auditee were as follows_
• U.S. Department of Ilousing and Urban Development - Section 8 Housing
Choice Vouchers Program - CFDA 414.871
• U.S. Department of Housing and Urban Development - Supportive Housing for
the Elderly — CFDA #14.157
• U.S. Department of Housing and Urban Development - Community Development
Block Grant - CFDA # 14218
• Corporation for National and Community Service - Arnericorps Program - CFDA
# 94.006
8. The dollar threshold used to distinguish Type A and Type B programs was $472,765.
9. The auditee did not qualify as a low risk auditee, as defined by OMB Circular A-133,
paragraph .530, for the year ended June 30, 2009 for the purpose of determining major
programs.
(B) Findings Related to the Financial Statements which are Required to be Reported in
Accordance with GAGAS
There are no auditor's findings required to be reported in accordance with GAGAS
LC) Findings and questioned costs for Federal Awards as defined in Paragraph .510(a) of
OMB Circular A-133
There were no findings or questioned costs for Federal Awards as defined in Paragraph
.510(a) of OMB Circular A-133.
12
CITY OF NATIONAL CITY
Summary Schedule of Prior Audit Findings
Year ended June 30, 2009
The following is the status oldie prior year audit findings for the year ended June 30, 2008
(08-01) Inadequate Internal Controls over Cash and Investments
Resolved
(8-02)Liadequate Records on Housing Project Capital Assets
Finding was not completely resolved but has not been considered to be a significant
deficiency for the year ended June 30, 2009.
(08-03) Controls over Misstatements Reelected in the Financial Statements
Resolved
(08-04) Deficit Fund Balances
Finding was not completely resolved but has not been considered to be a significant
deficiency for the year ended June 30, 2009.
(08-05) Construction in Progress
Resolved
_(08-06) Controls over Preparation of the Schedule of Expenditures of Federal Awards
Resolved
(08-07) Subrecipient Monitoring)
Resolved
1�
City of National City, California
COUNCIL AGENDA STATEMENT
?6
...FETING DATE January 19, 2010 AGENDA ITEM NO.
ITEM TITLE Notice of Decision — Planning Commission Approval of a Conditional Use Permit Application to
Allow a Mixed Residential/Commercial Use at a Site Containing an Existing Residential Use and to Allow an
Exception to the Parking Requirements at 832 E Avenue. (Applicant: COPAO) (Case File 2009-15 CUP)
PREPARED BY Peggy Chapin, 336-4319
DEPARTMENT Development Services/Planning Division
EXPLANATION The project site is a 5,850 square foot parcel located within the General Commercial (CG)
zone. An existing residence fronts on E Avenue while a commercial building at the rear of the parcel was
previously used as an auto repair shop. The applicant proposes to utilize the commercial building as an office for
the Council for Philippine American Organizations of San Diego County. This nonprofit organization provides
immigration and naturalization counseling, training and job placement, legal and tax services and health referrals to
the community.
The request was considered by the Planning Commission on October 5, November 16, and December 21, 2009.
The Commission expressed concern related to the living conditions of the residential structure providing four
residences. The City's housing inspector worked with the applicant to resolve the code violations to the Housing
and Building Division's satisfaction. The residence has since been modified to provide for three residences.
The Commission approved the Conditional Use Permit on December 21, 2009 with a vote of 7-0 subject to the
Conditions of Approval. The Commission added a condition requiring that all business licenses would be
maintained for the duration of the Conditional Use Permit. The attached Background Report provides detailed
discussion on the proposed use.
Environmental Review
Financial Statement
x N/A Categorical Exemption,
Class I Section 15301, Existing Facility
Approved By:
N/A Finance Director
Account No.
STAFF RECOMMENDATION
Staff conc t rth the decis of • e Planning Commission and recommends that the Notice of Decision be filed.
•
BOARD 0 ISSION RECOMMENDATION
The Planning Commission approved the Conditional Use Permit.
Ayes: Alvarado, Baca, DeLaPaz, Farias, Flores, Pruitt, Reynolds
ATTACHMENTS ( Listed Below) Resolution No.
1. Planning Commission Resolution No. 25-2009
2. Location Map
3. Applicant's Plans Dated March 2009
4. Applicant's Request Dated August 10, 2009
A-200 (9/99)
BACKGROUND REPORT
Site Characteristics
The project site is a 5,850-square-foot parcel within the General Commercial (CG) zone which
allows mixed uses such as offices and residences on the same parcel upon approval of a
Conditional Use Permit. The parcel contains a two-story residential unit fronting on E Avenue
which was previously converted to four apartments and an existing commercial building facing
the alley, at the rear of the site. The commercial building was previously used as an auto repair
shop.
Proposed Use
The applicant, the Council for Philippine American Organizations of San Diego County proposes
to convert the existing commercial structure to an office. There is no expansion proposed.
Since health and safety concerns for residents of the housing unit were identified by the Building
Official, the Commission considered delayed making a decision on the request until the health and
safety issues could be resolved. Over a period of three months, the applicant met frequently with
staff, obtained the necessary building permits, installed heating units, and relocated water heaters.
The second story previously contained two apartment units with a share restroom was remodeled
for only one tenant. The housing inspector conducted an inspection on December 15 and
determined that all code violations were resolved. The building inspector issued a final inspection
on December 16, 2009.
Analysis of proposed conversion of existing commercial building to office use
Parking exception request:
Two spaces would be provided on -site with access from the alley. All other parking would occur
on the street. The structure is 880-square feet. The Land Use code requires 1 space for 200 square
feet of office space or 5 spaces would be required. Typically, there would only be office
personnel on site and for the monthly or occasional meeting, shared driving arrangements or
shuttling to the site would be necessary to reduce potential impacts on parking to the surrounding
community. Special meetings and monthly hoard meetings would be conducted off site to reduce
the potential for parking impacts to surrounding neighborhood.
Accessibility requirements:
Per 2007 California Building Code, all Title 24 Americans with Disabilities Act requirements,
the applicant would construct accessibility improvements in order to convert the commercial
structure to an office use. The Conditions of Approval require building plans that address, at a
minimum, parking (at least one van accessible parking space), path of travel to the public right of
way, door widths, restroom, signage, etc.
Summary
The proposed conversion of the commercial structure at the rear of the site to an office use would
provide a more compatible use with the surrounding residences than the prior auto repair use and
the structure would be improved to appear as an office. The parking requirements would be met
for an office use and additional meetings and activities would be conducted at other locations.
1
RESOLUTION NO. 25-2009
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF NATIONAL CITY, CALIFORNIA,
APPROVING A CONDITIONAL USE PERMIT
TO ALLOW A MIXED RESIDENTIAL/COMMERCIAL USE
TO ADD AN OFFICE USE AT A SITE CONTAINING
AN EXISTING RESIDENTIAL USE AND
'1.'O ALLOW AN EXCEPTION TO THE PARKING REQUIREMENTS
LOCATED AT 832 E AVENUE
APPLICANT: COUNCIL OF PHILIPPINE AMERICAN ORGANIZATION
CASE FILE NO.: 2009-15 CUP
WHEREAS, the Planning Commission of the City of National City considered a
Conditional Use -Permit to allow a mixed -residential commercial use to add an office use at a site
containing an existing residential use and to allow an exception to the parking requirement
located at 832 E Avenue (APN: 556-493-07-00), at a duly advertised public hearings held on
October 5, November 16, and.December 2l, 2009, at which time oral and documentary evidence
was presented; and,
WHEREAS, at said public hearings the Planning Commission considered the staff report
contained in Case File No. 2009-15 CUP maintained by the City and incorporated herein by
reference along with evidence and testimony at said hearing; and,
WHERFAS, this action is taken pursuant to all applicable procedures required by State
law and City taw; and,
WHEREAS, the action recited herein is found to be essential for the preservation of
public health, safety, and general welfare.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of
National City, California that the testimony and evidence presented to the Planning Commission
at the public hearings held on October 5, November 16, and December 21, 2009 support the
following findings:
2
FINDINGS FOR APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW A
MIXED USE RESIDENTAL / COMMERCIAL USE
That the site for the proposed use is adequate in size and shape, since the proposed use is
contained within an existing building that serves both residents and commercial uses and
required parking for the office use can be provided and the applicant will ensure that during
Board meetings and special meetings attendees will be shuttled in or share rides.
That the site has sufficient access to streets and highways that arc adequate in width and
pavement type to carry the volume and type of traffic generated by the proposed use, since
the use will be for as an office use and little traffic will be generated by the use.
3. That the proposed office use will not have an adverse effect upon adjacent or abutting
properties, since the use is contained wholly within the existing 880-square foot commercial
building and no expansion is proposed.
4. That the proposed use is deemed essential and desirable to the public convenience and
welfare, since it will provide non-profit services and support to the National City and the San
Diego region.
FINDINGS FOR APPROVAL OF THE EXCEPTION
FOR A LESS THAN REQUIRED PARKING
The exceptions will not be detrimental to the public health, safety, welfare or be detrimental
to the use of other properties in the vicinity, since the office use requires minimal parking
and monthly board meetings and other larger events will be conducted off -site.
Granting of the exceptions 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 training and services to the community through cooperation
with non-profit organizations and the parking is adequate for the day-to-day operation of the
office use.
3
RECOMMENDED CONDITIONS OF APPROVAL
2009-15 CUP., 832 E Avenue
General
This Conditional Use Permit authorizes a multi -use residential/commercial office use at 832
E Avenue. Except as required by Conditions of Approval, all plans submitted for permits
associated with the project shall conform with Exhibit A, Case File No. 2009-15 CUP,
dated 9/17/2009.
2. Before this Conditional Use Permit shall become effective, the applicant and the property
owner both shall sign arid have notarized an Acceptance Form, provided by the Planning
Division, acknowledging and accepting all conditions imposed upon the approval of this
permit. Failure to return the signed and notarized Acceptance Form within 30 days of its
receipt shall automatically terminate the Conditional Use Permit. The applicant shall also
submit evidence to the satisfaction of the Planning Division that a Notice of Restriction on
Real Property is recorded with the County Recorder. The applicant shall pay necessary
recording fees to the County. The Notice of Restriction shall provide information that
conditions imposed by -approval of the Conditional Use Permit are binding on all present or
future interest holders or estate holders of the property. The Notice of Restriction shall be
approved as to form by the City Attorney and signed by the Planning Division prior to
recordation.
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 fora period of
12 months or longer. The permit may also he revoked, pursuant to provisions of the Land
Use Code, if discontinued for any lesser period of time.
5. The commercial office use shall be restricted to an office use with limited service to clients.
Board meetings, community events, and other uses that requires additional parking would
not be permitted and shall be conducted at oft -site locations.
Building
6. Plans must comply with the 2007 editions of the California Building Code, the California
Mechanical Code, the California Plumbing Code, the California Electrical Code,
California Fire Code and California Title 24 energy and handicapped regulations.
7. Prior to issuance of a business license for the COPAO office use, the applicant shall
comply with accessibility requirements of the 2007 California Building Code for the
commercial building.
8. The applicant shall request an housing inspection of the residential unit prior to issuance
of the building permit for the commercial building to ensure that the health and safety of
the residents is being maintained.
Finance Dept.
9. The applicant shall obtain a business license to operate a 3-unit residence and a business
license for the office use prior to obtaining a building permit for the commercial
stnicture. The conditional use permit shall become null and void if business licenses are
not continually maintained for the 3-unit residence and for the office use.
4
Fire
10. Building plans for the commercial structure shall comply with the 2007 editions of the
California Building Code, the California Mechanical Code, the California Plumbing
Code, the California Electrical Code, California Fire Code and California Title 24 energy
and handicapped regulations, and NFPA 2007 Title 19, California Code of Regulations.
BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to
the applicant and to the City Council.
BE fT FINALLY RESOLVED that this Resolution shall become effective and final on
the day following the City Council meeting where the Planning Commission resolution is set for
review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of
that City Council meeting. The City Council may, at that meeting, appeal the decision of the
Planning Commission and set the matter for public hearing.
CERTIFICATION:
This certifies that the Resolution was adopted by the Planning Commission at their meeting of
December 21, 2009, by the following vote:
AYES:
NAYS:
ABSENT:
ABSTAIN:
Flores, Reynolds, Pruitt, Alvarado, Baca, Farias, DeLaPaz
CHAIRMAN
5
r
Subject Parcel
— — — Zone Boundary
APN:
556-493-07
r
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1-3
g23
1
t
906
cs+
O
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t
Ic-os
Central
Elementary
School
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•
I 1 I Feet
0 80 160 320
Planning Commission
December 21, 2009
2009-15 CUP
Locatio6n M.ap
09.23.09
L1J
Dame of Rnllppieb Amerlcen Orboelebtb' IC0PA0.I
AT7N: DITAS TAMANE Tel (61c; 414-2500
PROJECTADDRESS
932 E Avenue Nadcno, GIy CA 1,150
LEGAL DESCRIPTION:
LOT BL%K I LOT lb TR 51
ASSESSOR PARCEL a'.
55e, 493 0100
LOT SIZE:
GROSE LOT SIZE 555) SF.
THESE PLANS AND ALL bORC SHALL CONPLY eb THE 2001
EDITION OF THE CALIF0R11n BUILDING STANDAF0S 007E
FOJnD IN 11eE STATE CE CA'.,FORN A TITLE 24 ',OCR AS
AMENDED AND ADOPTED BT THE CPT OF NATONAL CITY.
BUILDING CODE DATA LEGEND:
06GUPANCi GROUP + E / R
Nled 41OPW
•
•
LVNINLi U.AIA
UEE REGULATION : GG • GENERAL COMMERCIAL
BUILDING SQUARE FOOTAGE
EX STING RESIDENCE •v0 GHAN'E) 1E40 5F,
TOTAL. (HABITABLE) 1E40 OF
EX .STING AUTO -SHOP TO 0ONWER1
TO AD IINSTRATIVE OFFICE 936 B0 5`,
TOTAL: (NON•HA9ITABLEi 336E0 SF.
GR055 AREA 2116.80 SF.
GOVERNING CODE:
2001 EDITION OF -HE 'OBD (EASED 04 200E LEG)
2001 EDITION OF THE CMC IBA5E0 ON 200E UMC)
2001 EDIT,01 OF THE CPC (BASED ON 2009 UPC)
2001 EDITION OF THE CEC (BASED OH 2O05 NEC)
2001 EDITION 0' THE CFO. (BASED ON 2006 IF0)
2003 EDITION 0' THE CAL FCRmNA ENERGY C003
PROPERTY LINE N 10d 5b' 54" E 11.0'
EXISTING 2 STORY
RESIDENTIAL
STRUCTURE
TOTAL r 1940 50.PT.
EXISTING GONG. KWAY
EXISTING LANDSCAPE
♦ ♦ ♦41♦ • ♦ •E♦ •
PROPERTY LINE
NATIONAL. CITY PLANNING DIV,
EXHIBIT A
CASE PILE NO, 2009.15 Cur
DATE: 09/I T'2009
r--EXISTING AUTOMOTIVE
SHOP TO CONVERT TO A
ADMINISTRATIVE OFFICE/
CONFERENCE ROOM
TOTAL = 800 S0. FT.
EAST'G. b' HIGH SLIDING STEEL GATE k FENCE
T--EXST'G b' HIGH WOODEN GATE k FENCE
+—J
SITE PLAN / PLOT PLAN
= 20'-0"
EXISTING GONG.
DRIVEWAY
40'-O
0 5 10
20
Stadia
desiye R cLalliny
CE:15111
�a=
40',2'
11'-5'
IV-11''
I'•6' 2'-4'
; t
9,2669 NEW
CONFERENCE ROOfv1 (W2555 7
NEW I
If1�10 'V'DO 10'.NG J00R i'1EMP,
6ARA6E DOOR TO 3 RP U^AED
10'-E'
Y
1ST FLOOR PLAN
I/4" I,_O,' 1
JI I
-REsTfooti
OFFICE
I NEW
4 BPT.
STORAGE
NEW
N5. FLOOR PLAN KEYNOTES
I. 4E3l 141/442L056 HAT IEAT92 40,962 IM 11 CAPACITY
2. H93 DOnR.E 5105FRNKE 965C0 BIWA CUTPJI RATI•'vi
3 EXT6, Ml.`U.CW 10 EE REVOYED I R8',ACE W el WSW
4 EtT6, DOOR 10 EE PBVTWD 4 REPIKF FL' KEN
5, EXf6. 6ARA0E DAXR'0 5f Ra0.7v112 4 REWwE W t&1
DLJDIND ELA.66 000.
6. Eg5T5 PPL TO BE REMOVED
6. W
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COPAO Auto -Shop Conversion to Admin. Office / Conference Rm.
Owner: Counci of Philippine American Organization (COPAO)
832 E Avenue, National City, CA 91950
Allen: Ditas Yamane Tel_ No. 474 2500
lower, IY— am meylJ n.t'aM Y F 4•4vs ca.in aiMlliV weiep—hr Yam` eve M--w-9^.sx,tines—
a
August 10,2009
National City Developrnent Services Department
Planning Division
1243 National City Boulevard
National City, CA 91950
(619) 366-4310/431.5
Attention: Michael Fellows
Dear Mr. Fellows,
On behalf of the Council of Philippine American Organizations of San Diego County,
Inc.(COPAO), we are requesting a Conditional Use Permit for the above described
property for an administrative office and a meeting place for our Board of Directors.
COPAO is a 501c3 Non -Profit organization, a total volunteer force of some sixty member
organizations which reflect the different skill sets and profession, including business,
education, health, legislative/policy making advocacy, legal, marketing/advertising,
social and arts and culture.
We arc celebrating our 38 years of service to the community which includes:
1) Volunteer Income Tax Assistance Program (VITA)-e-filing for those that cannot
afford a filing fee_ They are seen by appointment only by IRS trained volunteers
at the site in groups of 10-15 people. More than 300 people are served from
February to April each year approximating thousands of dollars in returns.
2) Facilitates a one day , monthly Consular services for the Los Angeles Philippine
Consulate held at an outside venue. It serves around 200-500 people each visit.
3) Celebrates Philippine Independence Day( one weekend day in June) showcasing
Philippine heritage and culture with the annual Philippine Faire held in an
outdoor park or venue. This is attended by more than 5000 members of the
community. Part of this is the awarding of a $3000.00 scholarship to each of at
least 3 of our deserving high school graduates that are college bound.
4) Serves as a conduit for information and referrals for the Filipino Americans and
the community at large on a variety of needs_ More than 100-200 people monthly
are served through our voice mail and website messaging process.
5) Some of the members of the collaborative may use the site for occasional
meetings of 10-15 people.
Mainly, the site is used for our Board of Directors monthly meeting attended usually by
some 15-25 of the members and an occasional guest or two.
Any other activities and or functions of COPAO are done in an outside venue.
We hope and trust that you will support the approval of this CUP application.
Respectfully,
Marita (Merly) Ferrer
President, COPAO
10
COMMUNITY DEVELOPMENT COMMISSION
AGENDA STATEMENT
National City, California
MEETING DATE: Jan 19, 2010 AGENDA ITEM NO, 17
'......\
ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in
the amount of $121,902.31 to the City of National City for the period of 12/09/09 through 12/15/09
PREPARED BY: Jeanette Ladrid DEPARTMENT Finance
Finance Direct
EXPLANATION:
(619) 336-4331
Effective July 1, 2008, the Community Development Commission's fiscal operations have been merged with
the City of National City. In order to streamline the payment process, the City of National City pays for all ex-
penditures for the CDC.
Attached is a detailed listing of all CDC warrants paid for with the City General Funds. Staff requests ap-
proval of the reimbursement of CDC activity.
Environmental Review N/A
Financial Statement
Approve the reimbursement of funds to the City of National City in the amount of $121,902.31
1
STAFF RECOMMENDATION
Accept and File.
BOARD/COMMISSION RECOMMENDATION
N/A
TACHMENTS (Listed Below)
Warrants for the period the period of 12/09/09 through 12/15/09
CAIJFORN]A -•a*
TI +Iry
aaacv
IpCORPORAT?6D
COMMUNITY DEVELOPMENT COMMISSION
WARRANT REGISTER #24
12/15/2009
PAYEE
CITY OF CHULA VISTA
COUNTY OF SAN DIEGO
ENVIRONMENTAL HEALTH COALITION
EQUIFAX INFORMATION SVCS
FEDEX
GE CAPITAL
LASER SAVER INC
LINSCOTT LAW & GREENSPAN
PACIFIC BUSINESS CAPITAL CORP
VERONICA TAM & ASSOCIATES
CITY OF NATIONAL CITY
MICHAL PIASECKI CONSULTING
SECTION 8
SECTION 8 HAPS PAYMENTS
'ROLL
Pay period Start Date
24 11 / 17/2009
DESCRIPTION
CONSTRUCTION MANAGEMENT SERVICES
MARINA GATEWAY
HUD HI -I DEMONSTRATION PROJECT
BACKGROUND & CREDIT CHECKS
EXPRESS MAIL COURIER SERVICES
INSTALLMENT FOR COPIER RENTAL
MOP 457025 INK CARTRIDGE
TRAFFIC ANALYSIS FOR WS - HOOVER
EQUIPMENT RENTAL (POWER POLES)
IDIS TECHNICAL ASSISTANCE
PETTY CASH - NOV 2009
CONSULTING SERVICES JULY-OCT 2009
Start Date
12/9/2009
End Date
11/30/2009
End Date
12/15/2009
Cheek Date
12/9/2009
CHK NO DATE AMOUNT
230617 12/15/09 6,343.00
230665 12/15/09 333.20
230666 12/15/09 17,550.90
230667 12/15/09 50.00
230668 12/15/09 60.82
230669 12/15/09 210.43
230670 12/15/09 109.70
230671 12/15/09 1,260.00
230672 12/15/09 195.00
230673 12/15/09 420.00
230683 12/15/09 27.00
230711 12/15/09 4,275.00
AIP Total $ 30,835.05
6,757.98
84,309.28
GRAND TOTAL S 121,902.31
CALIFORNIA.+
NATIONAL airy
INCORPORATED
COMMUNITY DEVELOPMENT COMMISSION
Warrant Register # 24
12/15/2009
502 SECTION 8 FUND
505 HOME FUND
511 TAX INCREMENT FUND
522 LOW/MODERATE HOUSING FUND
28,103.01
1,564.33
89,392.82
2,842.15
121,902.31
EETING DATE: Jan 19, 2010
COMMUNITY DEVELOPMENT COMMISSION
AGENDA STATEMENT
National City, California
AGENDA ITEM NO. 18
ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in
the amount of $36,016.35 to the City of National City for the period of 12/16/09 through 12/22/09
PREPARED BY: Jeanette Ladrido
EXPLANATION:
DEPARTMENT Finance
Finance Director' (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
Financial Statement
N/A
Approve the reimbursement of funds to the City of National City in the amount of $36,016.35
STAFF RECOMMENDATION
Accept and File.
BOARD/COMMISSION RECOMMENDATION
N/A
TACHMENTS (Listed
w)
Warrants for the period the period of 12/16/09 through 12/22/09
•
PAYEE
E2 MANAGE TECH INC
H. DAMON BRADEN
LOLA HAPPY BAKERY
MANAGED SOLUTION
PRUDENTIAL OVERALL SUPPLY
SAN DIEGO CLIPPING SERVICE
VERIZON WIRELESS
COUNTY OF SAN DIEGO
G.A. DOMINGUEZ
SECTION 8
SECTION 8 HAPS PAYMENTS
°�- CALIFORNIA
TIDAL
-- n .
L-- INCpRPORAT.D
COMMUNITY DEVELOPMENT COMMISSION
WARRANT REGISTER #25
12/22/2009
DESCRIPTION
ENVIRONMENTAL CONSULTING SVCS
CONSULTANT AGREEMENT-WESTSIDE
ECONOMIC DEVELOPMENT LOAN
ECONOMIC DEVELOPMENT LOAN
MOP # 45742. LAUNDRY SERVICE
NEWS READING AND CLIPPING SERVICE
VERIZON WIRELESS SERVICE
MAIL PROCESSING SVC 10/16-11/15/09
NATIONAL CITY KIMBALL HOUSE MUSEUM
Start Date End Date
12/2/2009 12/8/2009
CHK NO DATE AMOUNT
230757 12/22/09 3,953.55
230758 12/22/09 2,000.00
230759 12/22/09 2,092-59
230760 12/22/09 15, 000.00
230761 12/22/09 40.02
230762 12/22/09 67-00
230763 12/22/09 247.64
230782 12/22/09 497.86
230791 12/22/09 6,989.84
A/P Total $ 30,888.50
5,127.85
GRAND TOTAL $ 36,016.35
�-* CALIFORNIA ^�*
NATIONAL I Ti.
- INCORPORATED
COMMUNITY DEVELOPMENT COMMISSION
Warrant Register # 25
12/22/2009
502 SECTION 8 FUND
511 TAX INCREMENT FUND
5,873.35
30,143.00
36,016.35
EETING DATE: Jan 19, 2010
COMMUNITY DEVELOPMENT COMMISSION
AGENDA STATEMENT
National City, California
AGENDA ITEM NO. 19
ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in
the amount of $200,251.19 to the City of National City for the period of 12/23/09 through 12/29/09
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.
/
Environmental Review N/A
Financial Statement
Approve the reimbursement of funds to the City of National City in the amount of $200,251.19
/
STAFF RECOMMENDATION
Accept and File.
BOARD/COMMISSION RECOMMENDATION
N/A
l'ACH
fisted Below)
Warrants for the period the period of 12/23/09 through 12/29/09
+ CALIFORNIA..+
NATION. CIT
INCORPORATED
COMMUNITY DEVELOPMENT COMMISSION
WARRANT REGISTER #26
12/29/2009
PAYEE DESCRIPTION CHK NO DATE AMOUNT
BEST BEST & KRIEGER LLP COMMUNITY YOUTH ATHLETIC CENTER 230837 12/29/09 1,706.43
BUSTAMANTE & ASSOC CONSULTING SERVICES NOV-09 230838 12/29/09 6,000.00
CALIFORNIA ELECTRIC SUPPLY SUPPLIES FOR MORGAN SQUARE 230839 12/29/09 48.36
DESROCHERS RETIREMENT BENEFIT DEC 2009 230840 12/29/09 110.00
DIXIELINE BUILDERS REIMBURSEMENT 230841 12/29/09 38,433.15
ENVIRONMENTAL HEALTH COALITION HUD HH DEMONSTRATION PROJECT 230842 12/29/09 4,329.74
HUSK PARTNERS CONSULTING SERVICES DEC-09 230844 12/29/09 15,000.00
KONICA MINOLTA EXPERT & CONSULTANT 230845 12/29/09 492.06
LAW OFFICES OF DON DETISCH LEGAL SERVICES 230846 12/29/09 18.00
LOCAL GOVERNMENT COMMISSION NEW PARTNERS -SMART GROWTH 230847 12/29/09 125.00
ONE SOURCE DISTRIBUTORS SUPPLIES FOR MORGAN SQUARE 230848 12/29/09 1,605.03
PRO BUILD SUPPLIES FOR MORGAN SQUARE 230849 12/29/09 169.70
RIDLEY HUD ENERGY EFFICIENCY WORKSHOP 230850 12/29/09 318.50
SDG&E 11/17/2009 - 12/17/2009 230851 12/29/09 288.72
STRADLING YOCCA CARLSON & LEGAL SERVICES 230852 12/29/09 780.00
SWEETWATER AUTHORITY 10/06/2009 - 12/07/2009 230853 12/29/09 2,760.60
' Q CIVIL CONSTRUCTION FOR CONSTRUCTION IMPROVEMENTS 230874 12/29/09 40,449.16
JNTY OF SAN DIEGO FINAL AB1290 FY 09 PAYMENT 230903 12/29/09 17.87
....."IONAL ELEM SCHOOL DISTRICT FINAL AB1290 FY 09 PAYMENT 230912 12/29/09 12.47
SD COUNTY OFFICE OF EDUCATION FINAL AB1290 FY 09 PAYMENT 230919 12/29/09 1.62
SOUTHWESTERN COMMUNITY COLLEGE FINAL AB1290 FY 09 PAYMENT 230921 12/29/09 2.10
SWEETWATER UNION HS DISTRICT FINAL AB1290 FY 09 PAYMENT 230923 12/29/09 7.94
THE LINCOLN NATIONAL LIFE INS. LIFE & AD&D, STD, LTD 230924 12/29/09 0.06
SECTION 8 Start Date End Date
SECTION 8 HAPS PAYMENTS 12/23/2009 12/29/2009
PAYROLL
Pay period Start Date End Date Check Date__
26 12/1/2009 12/14/2009 12/23/2009
AIP Total $ 112,676.51
1,660.32
85,914.36
GRAND TOTAL $ 200,251.19
. - CALIFORNIA
NALTI f T
INCORYORATED
COMMUNITY DEVELOPMENT COMMISSION
Warrant Register # 26
12/29/2009
261 CDC DEBT SERVICE FUND
502 SECTION 8 FUND
505 HOME FUND
511 TAX INCREMENT FUND
522 LOW/MODERATE HOUSING FUND
42.00
23,274.55
1,484.80
134,151.11
41,298.73
200,251.19
City of National City, California
COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT
MEETING DATE January 19, 2010 AGENDA ITEM NO. 20
ITEM TITLE A report: A quarterly update on efforts funded by current grants
from the US Environmental Protection Agency ("EPA"), including $200,000 for
environmental assessments in the Westside Specific Plan area, $1,000,000 for
a Brownfield Revolving Loan Fund, and an in kind services grant recently
completed.
PREPARED BY
Patricia Beard (ext 4255)
Redevelopment Manager
DEPARTMENT
Redevelopment Division
EXPLANATION To consistently inform the Mayor, Council Members and citizens about the use
of EPA grants funds in National City, quarterly reports are provided at City Council meetings.
Previous reports have updated the progress of a Westside Brownfield Assessment Grant. On
October 1, 2009, the City implemented another grant project, establishing a Revolving Loan Fund
for remediation of sites contaminated with hazardous materials. To reduce the time and resources
used for reporting, staff intends to continue the quarterly reports combining information on both
grants in one report (please see attached Background Report). If further information is desired by
either officials or citizens, staff is available to discuss these grant projects. This quarter's report
also includes information of an "in kind services" grant projects concluded in this quarter.
Environmental Review Not applicable.
Financial Statement A Brownfield Assessment Grant for the Westside neighborhood is valued
at $200,000, of which $110,859 has been spent. A Brownfield Revolving Loan Fund grant is
valued at $1 million. An kind services grant regarding Auto -body shop Sustainability was valued
at $50,000.
Account #: 511-409-500-598-3846
511-445-460-299-3624
1
J
•
STAFF RECOMMENDATION Accept and file.
BOARD / COMMISSION RECOMMENDATION Not applicable.
STRATEGIC GOAL 2b) Aggressively seek funding, 6c) Work with residents and land owners
to develop healthy neighborhoods,9a) Communicate important information with the community
in a transparent manner.
J
1•
ATTACHMENTS
1. Background Report
2. Recommendations for Land Use Code Revisions
3. Design Guidelines and Best Management Practices
Resolution No.
ATTACHMENT 1
BACKGROUND REPORT
Westside Brownfield Assessment Grant:
This grant commenced on August 1, 2007 and will conclude on October 31,
2010. Through the initial scope of a work a neighborhood -wide environmental
assessment of commercial and industrial sites was conducted and 13 Phase 1
environmental investigations were conducted on scattered parcels throughout the
target area. Thereafter, with EPA approval, staff increasingly focused grant
efforts on the proposed site of a Transit Oriented Affordable Housing
Development ("TOD") near Kimball Elementary School on the east and west
sides of Paradise Creek and completed Phase 1 investigations on the TOD sites.
Based on findings in these Phase 1 studies, five sites within the TOD footprint
were targeted for Phase II environmental investigations. Phase 11 studies include
actual soils testing to find current chemicals of concern. The Phase II
investigations, which are not yet complete, found the soils within the TOD east of
the Creek are primarily contaminated by benzene from previously removed
underground petroleum storage tanks and hydraulic fluid. Both of these
chemicals can be successfully remediated.
During the third and fourth quarters of calendar year 2009, staff and EPA
endeavored to align grant activities with project needs for the TOD, which had by
then garnered State of California support through a Proposition 1C grant of $11
million. It was decided to secure regulatory oversight for the upcoming
remediation project and to include a regulator in all future decisions about
investigations at the TOD site so that remediation planning could be streamlined.
A Consultative Agreement for environmental oversight was executed by the
Executive Director and California Department of Toxic Substances Control
("DTSC"), state officials toured the site, reviewed the preliminary findings and are
currently working with the CDC's consultant, E-2 Managetech, to finalize
investigations so that a remediation plan can be created and approved. It is
hoped that all activities_ leading up to remediation can be conducted within_ the
grant budget. Staff additionally applied to EPA for supplemental funding to study
water quality and sedimentation within Paradise Creek in the TOD area and is
currently awaiting an announcement of this potential grant award.
Revolving Loan Fund:
This grant commenced on October 1, 2009 and will continue until September 30,
2014. Its purpose is to fund short-term, low interest loans for environmental
remediation. Borrowers, as well as sites, are required to meet criteria
established by the EPA in order to be eligible for loans. The criteria are
technical, essentially serving to prohibit polluters from being granted loans. The
City's approved Work Plan and budget for this program allocates $800,000
toward clean up of hazardous" sites and $200,000 for "petroleum" sites. A small
portion of the grant will be used for oversight and training required by EPA and
the vast majority of the funds - $951,500 — will be used for actual clean ups.
Environmental investigations and preparation of remediation plans* are not
eligible for these grant funds. Eligible property owners which are non-profit
organizations, such as the CDC, may be eligible for grants under the program.
The program is restricted to commercial and industrial properties. Lead and
asbestos abatement, including the demolition of impacted structures, are eligible
uses of loan funds. Financial institutions which have become "involuntary
owners" of properties via foreclosure are eligible to participate in the program
even if the hazardous condition was caused by the former property owner.
During the opening quarter of this grant, the City conducted a competitive
recruitment for Qualified Environmental Professionals including minority -owned,
women -owned and disadvantaged businesses and the City Council approved
contracts with three such firms on October 20, 2009. The City also produced
English and Spanish version brochures about the program, briefed the Executive
Board of the National City Chamber of Commerce, briefed staff at the
Environmental Health Coalition, issued a press release and scheduled to
address the Chamber of Commerce membership at large during January.
Additionally, a funding source for private property owners to fund environmental
investigations* on their properties was identified. The non-profit Accion of San
Diego can issue loans up to $35,000 to eligible parties for this purpose.
Two potential projects emerged for potential funding and preliminary discussions
are being held. Should transactions ultimately be recommended by staff, they
will be brought forward to the City Council for approval.
Autobody Sustainability grant:
In 2008, EPA agreed to a request from the City to assist in creating new design
guidelines, best management practices and land use code provisions for
autobody and paint operations. Envisioned as a complement to the Westside
Specific Plan, the new guidelines and potential_ code provisions would be
applicable Citywide should the City Council ultimately decide to implement them.
Staff will circulate a handout for information and discussion to local autobodies
and paints at an upcoming industry workshop being organized by Neighborhood
Services. Based on national research and practice, the recommendations are
intended to apply to new autobody and paint facilities, however the best
management practices and potential retrofits for existing facilities may be feasible
in some cases. These recommendations would not become mandatory unless
adopted by the City Council at a future date, perhaps as part of the
Comprehensive Land Use Code update accompanying the General Plan Update.
The final draft recommendations are attached to the staff report for the purpose
of informing both officials and citizens about the results of this grant project.
ATTACHMENT 2
City of National City, California
Recommendations for Land Use Code Revisions
FINAL DRAFT
December 4, 2009
Completed by Vita Nuova LLC
www.vitanuova.net
Prepared for:
U.S. Environmental Protection Agency
Office of Solid Waste and Emergency Response
Office of Brownfields and Land Revitalization
Washington, DC 20460
Prepared by:
Vita Nuova LLC
Newtown, CT 06482
www.vitanuova.net
SRA International, Inc. (Contract No. EP-W-07-023)
3434 Washington Boulevard
Arlington, VA 22201
City of National City, California Final Draft, December 4, 2009
Recommendations for Land use code Revisions
Table of Contents
Executive Summary 4
Project Intent 4
Summary of Current Auto Body -Related Zoning 5
National City Land use code 5
Caliber Collision Conditional Use Permit 6
National City Land Use Plans and Standards 7
Land Use Plans 7
Design Guidelines and Development Standards 7
Example Codes/Case Studies 7
General Industrial Area Codes 7
San Francisco, CA 7
Chicago, IL 8
Specific Auto Body -Related Codes 9
Signal Hill, CA 9
Los Angeles, CA 11
Recommendations for Code Revisions 12
Summary of Recommendations 12
Key Code Considerations 12
Definition of Auto Body Uses 12
Air Pollution 12
Hazardous Materials 12
Parking/Layout 13
Noise 14
Storage 14
Security/Fencing 15
Pollution Prevention 15
Summary and Implementation 16
Appendix A: Scope of Work 17
Appendix B: Westside Specific Plan Non -impactive Industrial Land Uses [Excerpt] 18
Appendix C: Chicago Planned Manufacturing Districts Use Table and Standards 20
References 21
This report is prepared for informational purposes only. Vita Nuova has relied upon outside sources for
information and data presented in this report. Although all best efforts were used to confirm information
and complete this report, no representation or warranties are made as to the timeliness, accuracy or
completeness of the information contained herein or that the actual results will conform to any
projections or recommendations contained herein. All areas are approximate. Any reliance upon this
material shall be without any liability or obligation on the part of Vita Nuova LLC.
Vita Nuova LLC page 3
tita Ntiwa «<
City of National City, California Final Draft, December 4, 2009
Recommendations for Land use code Revisions
FINAL DRAFT REPORT
City of National City
Recommendations for Land Use Code Revision
December 4, 2009
Executive Summary
Vita Nuova LLC -subcontractor to SRA, an EPA contractor —was assigned the task of
providing a series of land use code recommendations for National City relating to auto body
facilities. This report is a companion piece to the Design Guidelines and Best Management
Practices for Auto Body Shops report. Together these two reports provide guidance to National
City on auto body use -related design, management and implementation in the land use code.
This report draws on the existing conditions in National City, a series of case studies and best
management practices to develop recommendations. The case studies are drawn from four
different municipalities, Chicago, IL, San Francisco, CA, Signal Hill, CA, and Los Angeles, CA.
The Chicago and San Francisco case studies focus on their industrial codes that, while not
specific to auto body facilities, offer important direction on the types of considerations that
should be incorporated into National City's land use code. The Signal Hill and Los Angeles
examples focus on auto body uses and provide useful guidance for National City's code. The
recommendations provided in this report fall into nine key areas:
• Definition of Auto Body Uses
• Air Pollution
• Hazardous Materials
• Parking/Layout
• Noise
• Storage
• Security/Fencing
• Pollution Prevention
• General Operation and Maintenance
Project Intent
This draft report provides a series of recommendations for general municipal land use code
revisions to specifically address auto body -related land uses. The report is a companion piece to
the Design Guidelines and Best Management Practices for Auto Body Shops report. Together
these reports offer recommendations on the design and municipal code implementation of auto
body uses in National City. The report discusses auto body shop zoning in general and does not
provide specific recommendations related to land use classifications for auto body shops.
These recommendations are derived from a combination of best management practices and case
studies which offer examples of integrating industrial and auto body -related uses into land use
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Recommendations for Land use code Revisions
codes taken from municipalities throughout the United States. While two of the example codes
are focused primarily on industrial and not auto body -specific uses, they offer important
information on the integration of such uses in municipal codes. Additionally, the accompanying
code recommendations are primarily targeted at the specific issues raised by the Westside
neighborhood in National City, California.
The Westside neighborhood is an urban neighborhood, wholly contained within the incorporated
limits of National City. National City has a population of approximately 61,000 and is located
five miles south of San Diego. The Westside neighborhood evolved from a primarily residential
neighborhood to include a significant number of industrial uses, mainly auto body -related, in and
around homes and a school. This draft report is intended to supplement the recommendations and
findings provided in the Westside Specific Plan, which outlines principles, programs and
standards for the revitalization of the Westside neighborhood. Drawing on best management
practices and case studies, this draft report provides specific recommendations on how National
City can incorporate the findings and recommendations of the Westside Specific Plan and alter
its current land use code to more appropriately address the auto body -related uses as a separate
district or as a part of a more general mixed -use area.
Summary of Current Auto Body -Related Zoning
National City Land use code
Current National City land use code handles most auto body -related uses in Chapter 18.18:
Industrial (Manufacturing) Zones and Chapter 18.16: Commercial Zones of its current land use
code. Chapter 18.18 provides for five separate types of industrial zones: light manufacturing
(ML), light manufacturing/residential (MLR), medium manufacturing (MM), heavy
manufacturing (MH), and tidelands manufacturing (MT). Chapter 18.16 allows for seven zones:
commercial tourist (CT), commercial limited (CL), medium commercial (CM), general
commercial (CG), commercial shopping center (CSC), heavy commercial (CH), and commercial
automotive (CA). Automotive and allied uses, as defined in the current land use code, are
permitted in the Light manufacturing, light manufacturing/residential and medium manufacturing
zones, as well as medium commercial, heavy commercial zones and commercial automotive and
by conditional use permit in the commercial shopping center zone.
The land use code further imposes a number of specific restrictions on automotive and allied
uses. Section 18.18.190 of the land use code requires that automobile and truck repair facilities
have a minimum lot area of 7,500 square feet. Vehicles that are being stored for repair may be
stored ata facilityforno-morethan 60 days and the space devoted -to storage mustnot-exceed
2,000 square feet and must be part of the normal business establishment.' The code also requires
that the facilities not cause or permit the storage of any vehicles that are awaiting service or
repair on city streets or alleys for any period of time.
The land use code also provides design and aesthetic requirements that dictate all buildings in
manufacturing zones must be constructed of plaster, stucco, masonry, concrete, rock, wood
and/or metal. Further requirements are placed on additional architectural treatments.
The space requirement may be increased by the Planning Commission if it is deemed appropriate.
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Caliber Collision Conditional Use Permit
National City recently began requiring all auto body facilities to go through the conditional use
permitting (CUP) process. Caliber Collision was the first of such facilities to apply for a CUP. In
May 2008, the National City Planning Commission approved a CUP application for Caliber
Collision, an auto body facility, in the Westside neighborhood. Caliber Collision was the first
auto body facility where a CUP was required by the city. The application and subsequent
resolution approving the facility demonstrate how National City currently handles auto body -
related uses in the Westside neighborhood. Resolution #15-2008, allowed that the proposed auto
body and paint shop be located in an industrial building. The resolution further found that these
uses were appropriate within the current medium -intensity industrial zone, and was required to
obtain all appropriate county and state permits which relate to air quality, toxic materials and
environmental health. Before the CUP became effective and the city issued a business license,
the applicant had to prove the receipt of relevant permits from the following agencies:
• County of San Diego Department of Environmental Health
• San Diego County Air Pollution Control District (SDCAPCD)
• State of California Department of Toxic Substances Control
• State of California Department of Consumer Affairs, Bureau of Automotive Repair
• California State Board of Equalization
The CUP also mandated the completion of a number of checklists and the inclusion of best
management practices (BMPs) relating to the National Pollutant Discharge Elimination System
(NPDES) and the Storm Water Pollution Protection Plan (SWPPP).
Key requirements of the CUP that relate specifically to its auto body -related uses include:
• Proper ventilation and filtration of the paint preparation and mixing rooms, as well the
spray booths.
• Emissions from the facility must be at least 90% efficient by weight for capture and
destruction, as per the Best Available Control Technology (BACT) Emissions Rate
Limits for Auto body and Paint Shops from SDCAPCD's New Source Review
Requirements.
• Use of the U.S_ Environmental Protection Agency (EPA) Design for the Environment
program's best practices for auto body and paint shops. Specific practices to be
considered are: sanding, paint mixing, spray painting, hazard-not-ification, respiratory
equipment and workplace safety.
• Certification as a "green business" by the San Diego County Department of
Environmental Health's Green Business Program for auto repair facilities.
• Annual community meetings at the request of any community member on the facility's
compliance with the CUP and response to any incidents.
One of the key contributors to the stipulations provided in the CUP was the Environmental
Health Coalition (EHC), a local nonprofit that advocates for local environmental issues. Many of
EHC's suggested amendments to the CUP —particularly the recommendation to include EPA's
Design for the Environment program-- were included in the final version of the permit.
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National City Land Use Plans and Standards
National City commissioned a Specific Plan to be prepared related to land use and development
standards in the Westside neighborhood. The Westside Specific Plan and corresponding
Environmental Impact Report are underway with expected adoption in early 2010.
Land Use Plans
The Westside Specific Plan (WSP) and the accompanying WSP Non -impactive Industrial Land
Uses document outline the neighborhood's desire to relocate the more intensive industrial uses to
another area; these include auto body and paint shops. They accomplish this by rezoning the
neighborhood from Light Industrial -- Residential (ML-R) to a number of other zones, such as:
• Residential — Single Family — RS-4
• Mixed Use Commercial — Residential — MCR-1
• Mixed Use Commercial — Residential (Smart Growth Center) — MCR-2
• Limited Commercial — CL-1
• Civic Institutional — IC
• Open Space Reserve — OSR
In addition, the WSP Clean Industrial Land Uses document lays out a plan to phase out auto
body -related uses in the neighborhood. Auto body and other similar uses that are found to be
incompatible with the vision and goals established by the WSP will be amortized, as defined by
the National City Planning Commission and approved by the National City Council.
Design Guidelines and Development Standards
The WSP relies on the National City land use code to govern design and development standards.
However, the WSP Non -impactive Industrial Land Uses document provides some guidance for
design and development standards in the areas of air pollution, hazardous materials, parking,
noise, storage and security. For specific examples, see Appendix B.
Example Codes/Case Studies
General Industrial Area Codes
San Francisco, CA and Chicago, IL, provide useful case studies for assessing general industrial
area codes, which include auto body -related uses, within a municipality. These two cities use
distinctly different approaches to regulate industrial uses within their cities.
San Francisco, CA
The San Francisco zoning code provides for a specific district which recognizes the often
necessary interplay between residential, commercial and light industrial uses. The Service/Light
Industrial/Residential (SLR) Mixed Use District creates a specialized district that encourages the
development of live/work space, as well as protects existing housing stock and neighborhood
service businesses. The city also recognizes the need for light industrial uses that are compatible
with the scale and density of the existing neighborhood. While San Francisco's Land Use Plan
does state an intention of keeping industrial uses contained on the eastern side of the city, it
recognizes that it is not always in the best interest of the city, its businesses or its residents.
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The SLR District permits the following uses:2
• Retail
• General Commercial
• Home, Personal and Business Services
• Light Industrial
• Institutional, Cultural Arts and Artisan
• Live/Work Space
The code specifically does not permit office, hotel, nighttime entertainment, movie theaters,
adult entertainment or heavy industrial uses.
The specialized district states that the commercial and industrial floor area ratio (FAR) is defined
as 2.5:1, but exemptions may be given to childcare facilities. The dwelling unit density is set at
one dwelling unit per 200 square feet of lot area and a rear yard of 25% is required on the first
floor of dwelling units. The code also requires open space for all commercial and industrial uses.
Finally, the code provides specific parking requirements for the district, which are divided into
three categories: dwelling units, workspace for architects and engineers and artisan/artisan
production and live/work space. Dwelling units should have car -street parking; architect and
engineer workspace should have one parking space per 1,000 square feet; and artisan and
live/work space should be one parking space per 2,000 square feet.
While San Francisco's code focuses on the interaction between multiple uses, it provides a useful
example of how these numerous uses can be integrated successfully.
Chicago, IL
Chicago also employs a district approach to industrial or manufacturing uses, including auto
body -related uses within the designation of its Planned Manufacturing Districts (PMD). There
are approximately 15 districts spread throughout the city that are intended to foster a strong
manufacturing economic base by encouraging the development of modern facilities.
In order to qualify as a district, the area must be at least five contiguous acres and be designated
as a Planned Manufacturing District by the City Council. While there are specific zoning
requirements that apply to each Planned Manufacturing District, additional uses or prohibited
uses may be added at any time by the Chicago Plan Commission, with consultation by the zoning
administrator, as long as they contribute to or enhance the existing character of the district. The
code also specifies that the Planned Manufacturing District zoning overrides other zoning,
regardless of whether more or less restrictive than other provision of the city's zoning
ordinances.
A Planned Manufacturing District application may be initiated through an application by the
mayor, by all of the owners in the applicable area or by the alderman representing the relevant
2 Parking and residential activities are permitted as principal uses.
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ward. When reviewing the applications, the Planning Commission, which reviews the
applications, must consider the following factors:
• The size of the district
• The number of existing firms and employees that would be affected
• The nature and size of recent and planned public and private investment within the
district
• The potential of the district to support additional industrial uses and increased
manufacturing employment
• The proportion of land in the district currently in industrial uses
• The proportion of the land in the district currently in legal nonconforming uses
• The area's importance to the city as an industrial district
• The proportion of land owners and manufacturing and other industrial land users within
the proposed district who testify in favor of or in opposition to the designation
There can be no residential uses permitted with the district, although the planning commission, in
consultation with the zoning administrator, may promulgate additional regulations pertaining to
permitted and non -permitted uses. However, these additional regulations pertain only to the
specific Planned Manufacturing District, not to all similar districts.
Chicago provides a base uses and standards table that outlines those uses which are typically
permitted, permitted by special use approval, permitted by planned development approval, and
not permitted. See Appendix C for the full table. However, each district may provide its own
specialized use and standards table. For example, in one subdistrict of the Kinzie Corridor PMD,
art galleries and studios, junk yards and recycling facilities, among others, are allowed as special
uses. In addition, this district specifies that the performance standards must adhere to those
already defined in other sections of existing code (M2-1 and M2-5 Manufacturing Districts).
Chicago's PMDs illustrate the city's recognition that fostering a strong manufacturing and
industrial base is imperative to its economic health. In addition, the flexible district approach
helps customize the relevant uses to the specific area. Such an approach could be applied for an
auto body -related use district.
Specific Auto Body -Related Codes
Signal Hill, CA
Signal Hill, a 2.2-acre town with a population of approximately 11,000, took a unique approach
to auto-rclated uses within the municipality by having the redevelopment agency develop the
Signal Hill Auto Center. The auto center is a specific area that contains auto dealerships, car
storage areas and auto repair facilities.
The Signal Hill zoning ordinance contains a section which addresses only the auto center and its
development. The goal of the zoning ordinance and the auto center in general is to provide a
unified vision and strong visual identity among a variety of auto dealerships and repair facilities.
The auto center is subject to specific design guidelines contained in the zoning ordinances that
govern the appearance of the center, as well as setbacks, yards and parking, among others.
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Setbacks that abut parking or other unenclosed areas, must be a minimum of five feet from, and
parallel to, the right-of-way lines of any public street. Where abutting buildings, setbacks must
be a minimum of 15 feet and parallel to the right-of-way. The required yards are calculated as 10
feet multiplied by the linear feet of lot frontage, excluding curb cuts. The yards must be
completely open and fully landscaped and irrigated.
The promotion of multi -modal transportation is important to Signal Hill and the code requires
any non-residential building over 25,000 square feet to take steps to provide transit -related
information on site. This includes maps of public transit routes and contact information for ride -
sharing programs. Sidewalks are also required which connect each building to existing
pedestrian routes and the buildings to onsite parking. Further restrictions are placed on non-
residential buildings of 50,000 square feet or more. These include setting aside 10% of the
closest practicable parking for van or carpooling, and ensuring that the parking is accessible by
vans (particularly important in parking garages). Additionally, bicycle parking must be provided
for four bicycles for the first 50,000 square feet and then one additional spot for each additional
50,000 square feet. If the building is over 100,000 square feet, the Signal Hill public works
director may deem it necessary for bus stop improvements or the establishlnent of a new bus
stop. Additional care should also be provided to ensure that there are bicycle routes that link to
main transportation corridors.
Parking is governed by other sections of the zoning ordinance, but special consideration is given
to customer parking for auto sales and auto repair, as well as employee parking. Signal Ilill
zoning mandates one parking space per 500 square feet of gross floor area for auto repair and
one space per 400 square feet for new and used auto sales, exclusive of the repair areas.
To ensure optimal traffic circulation, development must take into consideration the queuing of
cars for service so that there are no impediments to any means of ingress or egress. The general
standard provided is enough space for the queuing of four cars per service bay and the location
should be at the rear of the building.
All storage and vehicles should be screened as much as possible from public rights -of -way by a
solid, decorative fence that is at least six feet, but no more than eight feet, in height. For
temporary storage of vehicles the storage area must have a chain link fence of at least six feet,
but no more than eight feet, and the fencing must be shielded using slats made of a durable
material other than wood. The director may require the use of vines for shielding in addition to or
instead of the slats. In addition, with the approval of the director of public works the fencing
may be placed at the property line. Otherwise, a minimum of a five-foot landscaped area with
automatic irrigation must be located in front of the fencing. The storage areas must be paved, but
materials other than concrete or asphalt may be used with permission.
As much as is practicable, the service bays should be configured so as not to be visible from
public rights -of -way. This also applies to auto unloading or loading areas, and a minimum area
of 10 foot by 80 foot must be provided to ensure there is no visibility from public rights -of -way.
Driveways must be of sufficient size to permit trucks to avoid backing up into the public right-
of-way.
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Landscaping must include 35-inch tree boxes, one for every 5,000 square feet of gross lot area,
planted throughout the yards, vehicle parking areas and display areas. The landscaping must
include an adequate irrigation system with antisiphon devices so that the entirety of the
landscaped area is covered.
All rooftop equipment must be screened from all public rights -of -way.
Los Angeles, CA
Los Angeles does not take a district approach to its auto body use industry sector, but it does
have a specific ordinance that deals directly with auto sales, repair and painting.
Auto repair facilities must be located more than 500 feet from any school, any one -family or
multi -family dwelling, mixed use project with residential uses, and agricultural or residential
zones.
The ordinance specifies that all repairs must be wholly completed inside of the building. All
spray painting must also be completed wholly within the building. All other operations
conducted at this type of facility, excluding the following, must be completed in a building that is
enclosed on at least three sides.
• Electrical diagnostics
• Battery charging and changing
• Tire removal and replacement (only if the vehicle is elevated 12 inches or less)
The above pennitted exterior activities must be conducted within 18 feet or less of the bay door.
The facility must provide a minimum of 500 square feet of storage area for vehicles.
The City of Los Angeles also provides a number of development standards for auto -related
businesses.
Windows: Exterior walls and doors of the building (excluding bay doors and/or security
grills) that face the street must consist of at least 50% transparent windows.
Bay Doors: All bay doors or vehicle entrances may not face a school, any one -family or
multi-familydwelling, mixed use project with residential uses, or an -agricultural -or
residential zone that is within 100 feet of the entrance or door.
Wash Racks: The entrances, exits and openings of all wash racks must not face a school, any
one -family or multi -family dwellings, mixed use projects with residential uses, or an
agricultural or residential zone that is within 100 feet of the entrance, exit or opening.
Fences: Fences and/or walls that are constructed along the front lot line, defined as facing the
street, may not exceed 36 inches.
Signs: All signs must be erected in a fully landscaped area.
Automotive Hoists: All automotive hoists must be fully contained within a building enclosed
on at least three sides.
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Recommendations for Land use code Revisions
Recommendations for Code Revisions
Summary of Recommendations
Despite the fact that a number of municipalities have carefully considered and addressed
industrial and auto body facilities in their ordinances, most have not taken the next step to
combine environmental concerns with land use regulation. While the case studies provide an
informative first step in crafting specific zoning ordinances or districts, the following
recommendations reflect additional sources of expertise and help bridge the gap between land
use regulation and protection of human health and the environment.
Key Code Considerations
Definition of Auto Body Uses
1. Revise the definition of auto body uses
Auto body Uses: A building or portions of a building where painting and interior and
body modifications or repairs are performed on motor vehicles3 and trailers, including
associated floor space used for offices, parking or showrooms. This includes shops that
specialize in collision repair work; customization work on the body and interior of
vehicles for aesthetic purposes or for the physically disabled, or other customers with
special requirements; painting for post -collision, refurbishment or customization; and
restoration of classic and antique vehicles.
Air Pollution
1. Separate spray booths and mixing rooms
The use of spray booths and dedicated mixing rooms helps to isolate paint spraying and
mixing activities and minimize the release of volatile organic compounds (VOCs) into
work areas and ambient air. Paint spray booths should include appropriate ventilation and
filtration systems, as well as exhaust filters or overspray arrestors which decrease
emissions.
2. Use low-VOC-content paints
The use of low VOC content paints reduces the amount of VOCs that may be released
into the air during spraying. The San Diego County Air Pollution Control District
(SDCAPCD) Rule 67.20 provides guidance on the appropriate VOC content for various
processes (e.g., pretreatment coating, primer).
3. Proof of all relevant air permits should be required
All air permits from relevant state and local air quality authorities should be kept up-to-
date and copies should be kept on file with the local planning office.
4. Compliance with a 98%efciencyrate for emissions
Emissions should be at least 98% efficient in accordance with the National Emission
Standards for Hazardous Air Pollutants (NESHAP), Subpart HHHHHH.4
Hazardous Materials
1. Where possible, hazardous materials, such as used oil, used oil filters, antifreeze,
solvents and other materials, should be recycled. Recycling of many automotive -related
3 Motor vehicles include passenger cars, light duty trucks and vans.
4 Currently the efficiency rate is 90%, as defined by SDCAPCD's Best Available Control Technology Emissions
Rate Limits for Auto Body and Paint Shops from SDCAPCD's New Source Review Requirements. The NESHAP
requirement will come into effect for existing sources in 2011 and is currently required for new sources, as of 2008.
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fluids and solvents helps to reduce wastes generated by facilities and is considered an
environmentally protective measure. While used oil and oil filters are not always
considered hazardous waste (used oil is subject to hazardous waste characterization if not
recycled and filters if not properly drained) by state and federal programs, careful
attention should be paid to separating various waste fluids in order to ensure the fluids are
acceptable to the recycling entity.5
2. All flammable or combustible materials should be stored a minimum of 50 feet from the
front property line and must comply with the relevant fire code6
Keeping flammable and combustible materials away from property lines assures better
control and monitoring over the waste materials, and provides greater protection for
neighboring facilities from exposure and potential fires.
3. Separate prep stations
Prep stations are work areas which allow sanding, mixing and other pre -painting
activities to be separated from open shop areas, which reduce worker and community
exposure to VOCs. This also reduces cross -contamination of hazardous waste streams.
Prep stations should be located within property ventilated separate areas of the shop
where hazardous materials can be controlled.
4. Disallow floor drains in spray booth areas, where practical
Excluding floor drains from spray booth areas removes the possibility that excess paint
will be discharged into the stormwater system. If floor drains are necessary, a control
system should be installed that captures and contains waste streams.
Parking/Layout
1. Parking should be provided at an allocation of one parking space per 500 square feet of
gross floor area
This level of parking is provided for customer and employee parking]
2. All parking should be located behind buildings
Removing parking from the fronts of buildings allows for a more seamless connection to
pedestrian pathways and a more attractive site design.
3. Driveways should be wide enough to prevent trucks from reversing into public rights -of -
way and there should be separate ingress and egress
Creating driveways that allow trucks to avoid reversing into the public right-of-way
allows better traffic circulation and decreases the possibility of collision.
4. No auto body uses may be located within 500 feet of schools or residential areas, as
measured from property line to property line.
Locating facilities in appropriate -areas -helps to avoid -conflicts between use types.
5. Bay doors should be located behind buildings
5 Encouraging waste exchange programs is also a possibility if a network of auto body shops can be identified and
created. This can help transfer valuable waste streams to facilities in need. In addition, the network could include
local or regional vocational or technical schools that would benefit from excess materials that would have otherwise
been waste.
6 National City currently uses the 2007 California Fire Code. This code is based on the 2006 International Fire Code.
Section 27 of the California Fire Code governs the storage and handling of hazardous materials, including the
volume and fire controls.
7 This is similar to the industrial parking requirements suggested in the Westside Specific Plan parking section of
two parking spaces per 1,000 square feet.
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Bay doors should be shielded from public rights -of -way. In the case of corner lots or non -
vehicular rights -of -way, other methods of screening may be used.
6. Queuing should be provided for no more than four cars in front of bay doors
Space for four cars should be sufficient for queuing in front of bay doors and avoids long
lines of cars. Vehicles in the queue should not block traffic flow on the property. The
minimum queuing area should be approximately 104 feet. This includes space for four
cars— approximately 20 feet per car —and a turning radius of 24 feet.
7. Auto loading/unloading areas should be located behind buildings
Locating loading and unloading areas behind buildings assists in traffic and parking
circulation; when combined with locating bay doors at the rear of buildings, it eliminates
the accumulation of cars awaiting service in front of the buildings.
Noise
The following recommendations are divided into two separate types of recommendations:
building design and operations. Not all operations recommendations need to be implemented;
individual facilities can choose which alternatives best fit their needs.
Building Design
1. Install acoustical controls in buildings
Acoustical controls in areas where high decibel activities (e.g., sanding or grinding) are
conducted can assist in containing noise within the building.
Operations
I. Restrict vehicle repairs to inside buildings
Isolating vehicle repairs within buildings avoids noise from being diffused throughout the
open area.
2. Close bay doors during work exceeding a certain decibel level
Closing bay doors for all repair work that exceeds a predetermined decibel level provides
another control for reducing noise pollution to the outside environment.
3. Restrict work hours of activities that exceed a certain decibel level
Restricting hours of work exceeding a certain decibel level to 8 A.M. to 6 P.M. reduces
the noise and nuisance impacts outside of typical working hours.
4. Limit work exceeding a specific decibel level to a certain distance from residential
schools and residential areas
Limiting work above a certain decibel level with a radius of schools and residential areas
limits the noise exposure to sensitive populations -and -avoids conflictamongdifferent
land uses.
Storage
1. Vehicle storage time should not exceed 30 days
Enforcing a time limit on vehicle storage ensures that vehicles awaiting repair are not
kept onsite for extended periods and helps control the amount of space dedicated to
vehicle storage.
2. Facilities should provide at least 500 square feet and no more than 2,000 square feet of
storage area
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Providing a minimum amount of storage forces facilities to create a dedicated area for
storage and not rely on using onsite parking areas or storing vehicles on the street. A
maximum storage area avoids large and hard -to -maintain storage areas. Vehicles
awaiting repair should be stored in the storage area, not in parking or other open areas.
3. No vehicles shall be stored on a street or within a right-of-way
This prevents facilities from intruding into surrounding neighborhoods or land uses.
Security/Fencing
1. Screen all vehicle storage areas
Screening vehicle storage areas is a simple and easy way to regulate the appearance and
avoid unsightly parking lots of vehicles awaiting repair.
2. Fencing or screening should be a solid and decorative, at least six feet and no more than
eight feet
Mandating a type and height of fencing or screening ensures that the fencing acts as a
screen from the surrounding neighborhood, without becoming a visual distraction.
Pollution Prevention
1. Disallow use of discharge pits, dry wells, cesspools, septic system drain fields or shallow
injection wells
Disallowing the use of these types of waste disposal systems ensures that potentially
hazardous materials are not released into the groundwater.
2. Floor drains should connect to a holding or separator to collect wastes
Mandating separators or holding areas in floor drains separates out potentially hazardous
wastes and allows the facility to properly dispose of the waste, if necessary, before it is
discharged.
3. Require a Storm Water Protection Plan (SWPP)
SWPPs provide a systematic way of developing an approach to preventing contamination
of the stormwater system. The SWPP should also be kept up-to-date and on file with the
local planning office.
4. Uncovered vehicle storage areas should have a separate stormwater collection system
Runoff from vehicle storage areas may be potentially contaminated and a separate
stormwater collection system prevents the runoff from entering the main stormwater
system.
5. Encourage use of the Green Business Program
San Diego County's Green Business Program, while currently not accepting new
applicants, provides useful education information to help address pollution prevention
specifically targeted to auto -related businesses. In addition, San Francisco offers a similar
program which can also provide excellent educational resources for businesses.
General Operation and Maintenance
1. Require an Integrated Maintenance and Operational Plan (iMOP)
This plan outlines the types of equipment and maintenance procedures used at the
facilities and integrates environmental and occupational sectors. The iMOP should be
maintained and provided upon request, but not required to be submitted to the city. The
plan should be in addition to, and complementary with, California's required Injury and
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Illness Program (IIP). See the matrices provided in the accompanying Design Guidelines
and Best Management Practices for Auto Body Shops report for suggested plan sections.8
2. Use of reusable cloth rags and towels at permitted facilities
The use of paper or disposal rags and towels results in increased trash volume and
possibly increased hazardous waste generation. Used rags or towels that are contaminated
with automotive fluids or gasoline may be considered hazardous materials. To the extent
practical, reusable cloth rags and towels should be used and laundered at an appropriate
laundry facility. Rags and towels that are to be disposed should be stored in an
appropriate, marked container and disposed of at an approved permitted facility that can
handle these materials.
3. Separation of waste streams with clear labels
Maintaining separation of waste fluids, such as paints, solvents and automobile fluids,
can avoid the creation of hazardous waste. Many fluids can be recycled or reclaimed, but
mixing can render the fluids non -recyclable and create hazardous waste. All containers
should be labeled clearly and the lids should remain closed tightly except when adding or
removing waste.
Summary and Implementation
in order to best implement auto body use land use code changes, based on the above
recommendations, National City should take a comprehensive approach that involves
consultation with a cross-section of the auto -related businesses in the Westside neighborhood,
the Environmental Health Coalition and surrounding neighbors. These stakeholders have the
greatest knowledge of the issues surrounding auto -related neighborhoods and the particular
needs of the auto businesses in National City.
A key component of the implementation strategy must be education and outreach to the auto
body business in the community. Currently, the majority of auto body and other auto -related
businesses in National City and San Diego County are taking steps to improve their
environmental compliance, including installing paint spray booths. National City should take
advantage of the community's willingness to become more informed about better practices and
provide education opportunities. Education and outreach can be provided through:
• Holding periodic workshops on best practices and new code requirements conducted in
conjunction with San Diego County
• Distributing code revisions
• Implementing public meetings to solicit feedback from the community
In addition, because of the large Hispanic population in National City, it is imperative that all
educational sessions and materials are provided in both English and Spanish.
s The integrated operational and maintenance plan is in addition to the hazardous materials inventory statement that
may be required per Section 27 of the 2007 California Fire Code.
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Recommendations for Land use code Revisions
Appendix A: Scope of Work
Statement of Work
for
National City Brownfields Project
Westside Specific Plan Area
1. Review of Material and Site Visit
a. Review inventory, previous study, GIS data and community meeting
objectives
b. Make site visit
c. Meet with client and National City officials
2. Proposal for Amending City Code
a. Prepare a one -page Executive Summary for new non -impactive industrial
code and matrix for auto body and paint shops.
b. Prepare an outline for non -impactive industrial code for auto body and paint
shops
c. Research locations in the U.S. with similar issues regarding environmental
impacts of auto body and paint shops
3. Design Guidelines for New Auto Body Facilities at an Off -site Industrial Park
a. Research existing design guidelines such as LEED Rating system
b. Determine design specifications for auto repair shops and auto body shops
c. Identify issues related to auto body and paint shops for six key issues
including air, noise, hazardous waste, parking and circulation, storage and
security
d. Determine site requirements in regard to safety, fire dept. requirements,
parking and noise buffers
e. Develop matrix of best practices for auto body and paint shops
f. Create a draft best practices manual that includes guidelines, images, matrix
and resources ("images" is not meant to imply architectural design, but rather
functional diagrams are helpful)
g. Internal review of draft
h. Finalize best practices manual for client
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Recommendations for Land use code Revisions
Appendix B: Westside Specific Plan Non -impactive Industrial Land Uses [Excerpt]
3.4 Land Use Plan
One of the primary concerns voiced by the community during public workshops is the impact of
auto body shops and other industrial uses on air quality, traffic, and noise. As part of this plan,
auto paint and body shops would no longer be permitted uses and would become non-
conforming uses, potentially subject to National City Municipal Code Section 18.108 (Ordinance
2286).
Within the Westside Specific Plan Arca, there are existing industrial uses that are non -impactive,
sometimes not typically considered industrial that may be compatible with the Westside vision. It
may be desirable that these uses continue as non -conforming uses. For those industrial uses that
are impactive or less compatible, this plan seeks to encourage such non -conforming uses to
substitute other uses per Table 3-3 and consistent with NC Municipal Code Section 18.108.100
(Substitution of Non -conforming Uses).
At the direction of the City Council and as part of the Westside planning effort, a Code
Compliance Committee was formed in 2008 to address issues related to noncompliant businesses
within Westside; specifically those businesses that do not have the appropriate licenses and
permits to operate. As part of that effort, the Code Compliance Committee embarked on an effort
to develop criteria for businesses that would be acceptable to remain as good neighbors or
acceptable substitution of non -conforming uses.
In order to determine those uses identified in Table 3-3, the specific issues of the community
needed to be identified. At a workshop of the Code Compliance Committee conducted on
December 2, 2008, the committee recognized key issues associated with industrial uses and the
residential community. Those issues or concerns can be grouped together as:
• Air Pollution - Chemical spray in the air generated by paint spraying conducted by auto
paint body shops, use of hazardous chemicals, and commercial trucks idling for long periods
of time, New uses should not require a permit by the Air Pollution Control District for
noxious odors or toxic air contaminants.
• Hazardous Materials —Concern over large quantities of hazardous materials stored and/or
accumulated near or adjacent to residential properties. New uses should not require a permit
by the Department of Environmental Health or the Environmental Protection Agency for
storage of hazardous materials.
• Parking — Lack of available parking and double parking due to lack of on -site parking by
auto repair shops and other industrial and commercial uses, The use shall provide and
maintain adequate parking on site for employees and customers as determined by this Plan.
• Outside Storage - Large quantifies of material, equipment, or debris and trash stored outside,
visible to the residential community and from streets and alleyways. All storage should not
be visible to adjacent residentially zoned or residentially used parcels or from a public street
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Recommendations for Land use code Revisions
or alleyway. All storage shall be covered, either with a permanent cover or with a tarp or
stored within an enclosed building. Storage shall not displace required parking. All on street
parking is limited to day use only. No work for the use shall be conducted in the street or
within or on publicly owned property.
• Noise — Frequent loud or continuous noise adjacent or near residential properties associated
with by auto body shops, auto repair shops, construction companies and other industrial
noise; also including idling of cotnmcrcial truck(s),
• Security —Security of the industrial use shall be accommodated with eight (8) foot high metal
or chain -link gates and/or surveillance equipment rather than the use of razor wire on fences
and walls. No razor wire shall permitted on top of fences along property lines within the plan
area.
These issues were used to identify non -conforming uses that could be substituted for less
desirable non -conforming uses in the Westside. Those uses not listed in Table 3-3 would not be
acceptable non -conforming uses for substitution, but would remain subject to the nonconforming
use ordinance (See Section 3.6)
[Excerpt dated August, 2009]
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Recommendations for Land use code Revisions
Appendix C: Chicago Planned Manufacturing Districts Use Table and Standards
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References
Draft Westside Specific Plan, August 18, 2007 and May 12, 2009 (Chapter 3: Land Use)
Draft Westside Specific Plan — Non -impactive Industrial Uses, January 7, 2009
Westside Neighborhood Area -wide Property Inventory, Essentia, November 8, 2007
Industrial Park Feasibility Study, Economic and Planning Systems, June 2008
National City Current Land use code, http://www.nationalcityca.gov/index.aspx?page-99
Resolution of the Planning Commission of the City of National City, California Approving a
Conditional Use Permit for an Auto Body and Paint Shop in an Existing Industrial
Building at 940 West 19th Street, Caliper Collision, May 18, 2008
Los Angeles, California Ordinance 176589, April 18, 2005
Los Angeles, California Ordinance 178382, February 12, 2007
Coordinating Committee for Autotnotivc Repair (CCAR), Greenlink, http://www.ccar-
greenlink.org/
San Diego County Air Pollution Control District, Rule 67.20, Workshop Draft
Factors That Motivate Owners of Auto Refinish Shops to Implement Changes, Eastern
Research Group, April 8, 1999
San Francisco, CA Zoning Code
Chicago, IL Zoning Code
Signal Hill, CA Zoning Code
Auto Body and Paint Shop Hazardous Waste Management, California Department of Toxic
Substances Control, September 2006
Automotive Body & Repair Compliance Workshop, County of San Diego Department of
Environmental Health
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ATTACHMENT 3
City of National City, California
Design Guidelines and Best Management Practices for Auto Body
Shops
FINAL DRAFT
December 4, 2009
Completed by Vita Nuova LLC
www.vitanuova.net
Prepared for:
U.S. Environmental Protection Agency
Office of Solid Waste and Emergency Response
Office of Brownfields and Land Revitalization
Washington, DC 20460
Prepared by:
Vita Nuova LLC
Newtown, CT 06482
www.vitanuova.net
SRA International, Inc. (Contract No. EP-W-07-023)
3434 Washington Boulevard
Arlington, VA 22201
City of National City, California Final Draft, December 4, 2009
Design Guidelines and Best Management Practices for Auto Body Shops
Table of Contents
Executive Summary 4
Project Intent 4
The U.S. Environmental Protection Agency (EPA) Brownfields Program 4
Definition of Auto Body Shop 5
Existing Definitions for Auto Body Shops 5
National Fire Protection Association (NFPA) 5
U.S. Environmental Protection Agency (EPA) 5
North American Industry Classification System (NAICS) 6
IBISWorld Industry 6
Definition of Auto Body Shops for the Purpose of this Report 6
Existing Health, Safety and Environmental Concerns 7
Health Issues 7
Workplace 7
Neighborhood 8
Safety Issues 11
Workplace 11
Neighborhood 12
Environmental Issues 13
Air Quality 13
Storage and Handling of Hazardous Materials 13
Pollution Prevention 14
Nuisances 15
Security Aesthetics and Fencing 15
Noise 15
Odor 15
General Design Guidelines and Best Management Practices for New Construction of Auto Body
Shops 15
New Construction Compared to Retrofits of Existing Buildings 16
Background of Existing Design Guidelines, Regulations and Green Certificates 16
Examples of Design Guidelines and Regulations 16
Green Certificates 19
Design Guidelines for New Construction 21
Best Management Practices 29
Adaptability to Greyfields and/or Automotive Dealerships 32
Summary 33
Appendices 34
References 40
This report is prepared for informational purposes only. Vita Nuova has relied upon outside sources for
information and data presented in this report. Although all best efforts were used to confirm information
and complete this report, no representation or warranties are made as to the timeliness, accuracy or
completeness of the information contained herein or that the actual results will conform to any
projections or recommendations contained herein. All areas are approximate. Any reliance upon this
material should be without any liability or obligation on the part of Vita Nuova LLC
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City of National City, California Final Draft, December 4, 2009
Design Guidelines and Best Management Practices for Auto Body Shops
Executive Summary
Vita Nuova LLC, subcontractor to SRA, an EPA contractor, was assigned the task of providing
design guidelines and best management practices (BMPs) relating to auto body shops in National
City, California. This report is intended to accompany the Recommendation for Zoning Code
Revisions report, also provided by Vita Nuova. These two documents are intended to support the
city's effort to improve the environmental performance of auto body shops in the city, and in
turn, eliminate to the extent possible, impacts currently created by auto body operations in the
Westside area of National City.
There are numerous data sources available for BMPs for auto body shops. This report is a
compilation of data sources, case studies, best management practices and design guidelines for
auto body shops in National City. The intent of this report is to provide best practices and general
design guidelines for new auto body shops.
Enforcement, regulations and permits do not necessarily capture all the issues that relate to
pollution generated from auto body shops. BMPs presented in this report are intended to improve
worker safety and public health which go beyond regulations and requirements. There are a total
of 16 BMPs recommended for auto body shops.
The design guidelines presented in this report are intended for auto body shop owners and
operators in order for them to implement design practices that may fully support BMPs. There
are a total of 11 design guidelines recommended for auto body shops. When both the design
guidelines and BMPs are exercised for auto body shops, maximum benefits to worker safety,
public health and the environment can be achieved.
Project Intent
National City is in the process of establishing new zoning and land use designations to
strengthen the residential character within the Westside Specific Plan (WSP) and reduce
environmental impacts from the commercial uses, specifically auto body shops. Vita Nuova LLC
conducted three tasks to meet the goals identified by National City. Task I included a site visit by
Vita Nuova consultants Michael Taylor, AICP and Camron Adibi, LEED AP, and initial
discussions with stakeholders on April 13-14, 2009. Task II involved preparing
recommendations for strengthening National City's municipal zoning code for auto body uses.
Task III was the development of this report. All tasks for the report are stated in the agreed upon
Scope of Work (Appendix A).
As noted in the section titled "New Construction Compared to Retrofits of Existing Buildings"
the design guidelines focus on new construction but do not have the purpose of excluding the
reuse of existing buildings. These guidelines do not contemplate a specific site. Therefore, design
guidelines are generally applicable, but may not all work for every site. In addition, there may be
additional design guidelines that may be applicable to a specific site that are not discussed.
The U.S. Environmental Protection Agency (EPA) Brownfields Program
EPA's Brownfields program enables local communities to assess, clean up and revitalize key
community properties through collaboration between relevant stakeholders. This guide is
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Design Guidelines and Best Management Practices for Auto Body Shops
intended to support the Brownfields program by preventing future brownfields through the
application of best practices for design and operation of auto body shops.
Definition of Auto Body Shop
Many of the auto repair businesses within the WSP perform multiple tasks which include
engine/transmission repair, body work, painting, servicing of tires and auto electric repair. In
many cases, both auto repair work and auto body work are performed at the same location. For
this report, the focus is auto -related businesses that perform some type of painting or body repair
operations. The land use code for National City defines minor and major auto repair. However,
neither of these definitions included descriptions for auto body or auto painting operations.
Minor repair is defined as "the sale, installation and servicing of tires, batteries, auto accessories
and tune-up." Major repair is defined as "the repair involving heads, pans, transmission,
replacing or overhauling engines and driving mechanisms" (P. Chappin, National City Planning
Division, personal communication, April 27, 2009)'.
Auto repair shops have distinctly different requirements than auto body shops and while several
organizations have defined auto body shops, the definitions were general in nature and not
necessarily specific enough to capture the uses that occur at an auto body shop within the WSP.
In order to make recommendations for the design guidelines and BMPs for auto body shops, a
working definition of "auto body shops" was necessary for this report. To develop this definition,
existing definitions, either specifically related to auto body shops or inclusive of auto body shop
activities, from four different organizations were reviewed.
Existing Definitions for Auto Body Shops
National Fire Protection Association (NFPA)
The National Fire Protection Association develops, publishes and disseminates more than 300
consensus codes and standards intended to minimize the possibility and effects of fire and other
risks. Many fire codes are based in part or in total on these codes and standards. The latest
edition of NFPA 30A Code for Motor Fuel Dispensing Facilities and Repair Garages (2008)
includes definitions for major and minor repair garages.
• Major Repair Garage: A building or portions of a building where major repairs, such as
engine overhauls, painting, body and fender work, and repairs that require draining of
the motor vehicle fuel tank are performed on motor vehicles, including associated floor
space used for offices, parking, or showrooms.
• Minor Repair Garage: A building or portions of a building used for lubrication,
inspection, and minor automotive maintenance work, such as engine tune-ups,
replacement of parts, fluid changes (e.g., oil, antifreeze, transmission fluid, brake fluid,
air conditioning refrigerants, etc.), brake system repairs, tire rotation, and similar
routine maintenance work, including associated floor space used for offices, parking, or
showrooms.
U.S. Environmental Protection Agency (EPA)
EPA has numerous programs intended to improve BMPs and reduce auto body emissions at the
national level. EPA has a program to improve air quality in a community. The intent is to
provide community -based strategies to reduce emissions of hazardous air pollutants (HAPs),
t Information sent via email.
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Design Guidelines and Best Management Practices for Auto Body Shops
particle pollution (dust) and volatile organic compounds (VOC) that may affect auto body repair
shop employees and the community. This is a definition used by EPA's "Improving Air Quality
in Your Community" (EPA, 2009a):
• Auto body shops repair, repaint, and customize cars, trucks, and other vehicles. Their
activities include sanding, cleaning, and painting, all of which may release pollutants
into the air and may contribute to health concerns in the shop and in the community.
North American Industry Classification System (NAICS)
The North American Industry Classification System is the standard used by federal statistical
agencies in classifying business establishments for the purpose of collecting, analyzing and
publishing statistical data related to the U.S. business economy (U.S. Census Bureau, 2007).
• Automotive Body, Paint, and Interior Repair and Maintenance: This industry
comprises establishments primarily engaged in providing one or more of the following:
(1) repairing or customizing automotive vehicles, such as passenger cars, trucks, and
vans, and all trailer bodies and interiors; (2) painting automotive vehicle and trailer
bodies; (3) replacing, repairing, and/or tinting automotive vehicle glass; and (4)
manufacturing automotive vehicles and trailers or customizing these vehicles on an
assembly -line basis.
IBISWorld Industry
IBISWorld Industry is an independent publisher of U.S. industry research that reports 700
different market segments which include a segment for auto body, paint and glass repair
(IBISWorld, 2009).
• The Auto Body, Paint and Glass Repair industry consists of. auto body shops, which
repair the interior and the body of passenger cars, trucks, vans, and all trailers. These
repairs are often collision repair work. Auto hody shops also carry out customization
work on the hody and interior of vehicles, either for aesthetic purposes or for the
physically disabled or other customers with special requirements. Paint shops specialize
in paint jobs post -collision, for refurbishment purposes as well as customization jobs.
Automotive glass shops replace, repair and tint automotive windows.
Definition of Auto Body Shops for the Purpose of this Report
Considering the above definitions and the focus of this report, the following definition for auto
body shops was created:
• A building or portions of a building where painting and interior and body
modifications or repairs are performed on motor vehicles2 and trailers, including
associated floor space used for offices, parking, or showrooms. This includes shops
that specialize in collision repair work; customization work on the body and interior of
vehicles for aesthetic purposes or for the physically disabled, or other customers with
special requirements; painting for post -collision, refurbishment, or customization; and
restoration of classic and antique vehicles.
2 Motor vehicles include passenger cars, light duty trucks and vans.
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Design Guidelines and Best Management Practices for Auto Body Shops
Existing Health, Safety and Environmental Concerns
As much as 287,000 tons of volatile organics are emitted each year from over 50,000 auto body
shops in the United States (EPA, 2005). Exposures to toxic air pollutants and VOCs can increase
a person's risk for health effects such as cancer, reproductive problems, birth defects, decreased
learning and memory ability, visions problems, hearing loss and aggravated asthma. Tasks
performed at auto body shops such as cleaning, sanding, priming and painting all have the
potential to release air pollutants. These pollutants pose potential health problems to both
workers and the surrounding community. Paints, primers and cleaners may contain VOCs that
can form ground -level ozone or smog. Heavy metals from the sanding process may form particle
matter that causes respiratory problems and other health problems. Isocyanates, used in paint
catalysts and hardeners, can be released during painting operations and are considered a leading
cause for work -related asthma (Shoemaker et al, 2007).
It is important when addressing health, safety and environmental concerns associated with an
auto body shop to consider both impacts to workers, as well as the surrounding neighborhood. In
addition to health, safety and environmental concerns, it is also important to recognize that auto
body shops may also present some nuisance issues to nearby neighborhoods. As a result, this
discussion has been segregated into a summary of health, safety, environmental and nuisance
issues.
Health Issues
Workplace
Hazardous materials associated with paints, solvents and other chemicals or activities conducted
in auto body shops pose the potential for adverse health effects to workers exposed to these
materials and performing activities involving these materials. The most prominent hazardous
materials are isocyanates, methyl chloride, toluene and xylene. Potential health effects include
tiredness, weakness, disorientation, memory loss, nausea and loss of appetite (Shoemaker et al,
2007). Exposures include inhalation of VOCs and HAPs associated with solvent and paint
storage, handling and use; airborne particulate matter from body work and painting operations;
dermal contact with corrosive materials, solvents and other hazardous materials; fire and
explosion hazards from flammable and combustible materials; and the potential injury from
work -related activities and work processes. In a study published by the National Institute for
Occupational Safety and Health (NIOSH), 105 small business categories were ranked according
to occupational nonfatal injuries, illnesses, lost days and fatalities. The category "automobile
services except repair" ranked 29th overall for fatal occupational injuries in 1994 (NIOSH, 1999).
In a separate study, auto and miscellaneous repair services were identified as an industry with
rising inhalation mortality rates (Valent et al, 2002).
The State of California Division of Occupational Safety and Health (Cal/OSHA) has the mission
of protecting worker safety through enforcement, addressing complaints and promoting
education. Exposure to hazardous materials and particulate matter in the workplace are two
major concerns regarding auto body shops and are best addressed by Cal/OSHA.
The primary concern for hazardous materials is the release of toxic air pollutants and subsequent
inhalation. Protection from inhalation for workers is covered in Cal/OSHA (2007a) under the
section titled "Respiratory Protection." The following is an excerpt:
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Design Guidelines and Best Management Practices for Auto Body Shops
In the control of those occupational diseases caused by breathing air contaminated with
harmful dusts, fogs, fumes, mists, gases, smokes, sprays, or vapors, the primary objective
should be to prevent atmospheric contamination. This should be accomplished as far as
feasible by accepted engineering control measures (for example, enclosure or
confinement of the operation, general and local ventilation, and substitution of less toxic
materials). When effective engineering controls are not feasible, or while they are being
instituted, appropriate respirators should be used pursuant to this section.
When a respirator is required, it is important that the appropriate respirator is used for the
intended purpose and that the employer supplies this respirator to the employee along with
training in how to use, maintain and wear the respirator.
Dust and particulate matter also have negative impacts to workers when inhaled. These are best
addressed with proper ventilation and engineering controls. Respirable dust as defined by OSHA
(2009) is an airborne dust that is small enough to reach the lower lung passages of a human (also
referred to as the respirable fraction). This is outlined in OSHA section titled, "Ventilation." The
following is an excerpt:
All air inlets and access openings should be baffled or so arranged that by the
combination of inward airflow and baffling the escape of abrasive or dust particles into
an adjacent work area will be minimized and visible spurts of dust will not be observed.
CaUOSHA regulations are of central importance to protect the employee in the work
environment. In general, Cal/OSHA regulations are considered the minimal requirements for
worker health and safety. It is not the role of these requirements to specifically address the
fundamental issue of pollution prevention or environmental impacts. For example, a CaUOSHA
standard emphasizes ventilating to outside of the workplace and to the outdoor environment,
which may inadvertently add HAPs to the ambient air. However, ventilating to the ambient air
better protects the worker but may have negative impacts to the surrounding community with
added levels of HAPs, VOCs and dust.
Neighborhood
VOCs and HAPs commonly associated with hazardous materials used in auto body shops can
also present potential health effects to the surrounding community based on the quantity released
and proximity to the shop. These air pollutants when introduced to ambient air can cause human
health problems such as: irritation to eyes, nose and throat; headaches; loss of coordination;
nausea; and damage to liver and central nervous system (Shoemaker et al, 2007). In addition,
VOCs when combined with nitrogen oxide and sunlight can cause ground level ozone leading to
smog formation.
The San Diego County Air Pollution Control District (District) has a significant role in ensuring
public health in the neighborhoods and communities within National City. The current law, Rule
67.20, Motor Vehicle and Mobile Equipment Refinishing Operations regulates VOC emissions
for painting operations from an auto body shop that has coating operations where usage exceeds
20 gallons or 150 pounds of VOC emissions per consecutive 12-month period.
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The District proposed revising the existing Rule 67.20 to include the Suggested Control
Measures for Automotive Coatings (SCM) as adopted by the California Air Resources Board and
seven other air districts in California. The revised rule would have significantly lower VOC
limits and provide separate VOC limits for clear coatings and color coatings. However, the
revised rule will not address particulate matter and dust. The revised rule is planned for adoption
in 2010 with an effective date in 2011 (K. Heiss, San Diego Air Pollution Control District,
personal communication, June 24, 2009).
Other highlights of the proposed revised Rule 67.20 include:
• Eliminating the composite VOC limit for multistage systems and instead provides
separate VOC limits for clear coatings and color coatings
• Providing lower VOC limits for nearly all coating categories
• Specifying a VOC limit of 50 grams/liter for any cleaning material solvent
• Providing exemptions for the application of coatings on personal vehicles (at residences)
and restorations of vehicles
At the time of the writing of this report, EPA and the California Air Resources Board are
reviewing the proposed revisions to Rule 67.20. The new rule, unlike other air districts in
California, would have an exemption for auto body shops that are strictly performing vehicle
restorations. Also the VOC compound, TBAc3, may be exempted from the new ruling (R.
Consolacion, San Diego Air Pollution Control District, personal communication, July 29, 2009).
A private consultant4 is expected to release a socio-economic report to San Diego County
concerning possible added costs to auto body shops from the new Rule 67.20.
s Tertiary butyl acetate
° The report is expected to be released in the fall of 2009 by the consultant, Applied Development Economics.
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Design Guidelines and Best Management Practices for Auto Body Shops
Coating Category
VOC content limit per volume of coating as applied, Tess
water and less exempt compounds
(VOC content of coatings, regulatory)
Grams/ liter
lb/ gal
Adhesion Promoter
Clear Coating
Color Coating
Multi -Color Coating
Pretreatment Coating
Primer
Primer Sealer
Single -stage Coating
Temporary Protective Coating
Truck Bed Liner Coating
Underbody Coating
Uniform Finishing Coating or Blender
An other coating type
540
250
420
680
660
250
250
340
60
310
430
540
250
Table 1: Rule 67.20 - New VOC Limits
4.5
2.1
3.5
5.7
5.5
2.1
2.1
2.8
0.5
2.6
3.6
4.5
2.1
Releases of hazardous materials to the ground surface or subsurface can impact surface water
and ground water. Where surface water or ground water is used for consumption or recreational
activities, the presence of hazardous materials can present potential health effects to the
surrounding community using these resources.
It should also be noted that there are secondary pathways to the surrounding community with
hazardous materials from auto body shops. Several studies have shown that families have been
affected by hazardous materials transported by workers from the workplace via clothing, tools
and/or vehicles (Enander et al, 2003). These "take-home" exposures are the result of any
substance transported from the workplace. Many states in the United States have reporting
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Design Guidelines and Best Management Practices for Auto Body Shops
systems to quantify take-home exposures for hazardous materials such as lead. However, these
reporting systems are enacted as a response to a public health issue and not necessarily used in a
proactive manner.
There is also a lack of standardization with reporting methods; therefore, it is difficult to estimate
the magnitude of the public health threat created by the take-home exposure pathway. Take-
home exposures, however, are a significant factor to health concerns of the community. The best
solution to prevent take-home exposures is through proper hazardous material management
practices and training for workers.
Safety Issues
Workplace
There are multiple issues with regards to workplace safety. These include the following:
• Injuries/Illness
• Fire
• Storage and handling of materials, such as paints and solvents and hazardous waste
generated by operations
The rate of injuries has declined within the U.S. workplace through better health and safety
measures. In California, Cal/OSHA (2007b) requires every California employer to have a written
Injury and Illness Prevention (IIP) Program for its employees. However, in many situations,
accidents and injuries are not reported. In practice, auto body shops should have an IIP for
employees to ensure health and safety at the workplace. This includes wearing goggles or face
shields when operating sanding or grinding equipment, wearing the appropriate clothing (e.g., no
loose clothing), installing dust collectors on sanders and grinders, installing splash guards on
grinders that use coolants, and having safety guards on any mechanical equipment. Employers
are required to enforce these practices with employees and provide periodic training that is
culturally respective and effective.
The potential for fires is another work and community related hazard. Fire hazards are intensified
with the types of hazardous materials handled and stored at an auto body shop. It is valuable for
all businesses to have discussions with the Fire Department to periodically review quantities of
stored hazardous materials and the accessibility to those materials. Hazardous materials
inventories, such as those required under Superfund Amendments and Reauthorization Act
(SARA) Title HI, require facilities to report hazardous material inventories on an annual basis.
The California Fire Code (California Building Standards -Codes 2007) provides that the local fire
officials can also request inventories, such as those required in SARA Title HI.
During the area -wide inventory of the WSP area in 2007, it was observed that many businesses
generated hazardous materials and wastes on -site. Businesses with known hazardous materials
are listed in the San Diego County Hazardous Materials Management Division Database. More
concerning is the amount of wastes not reported. Wastes from auto body shops may include
mixed solvent paint waste, coatings, rags, wipes, sanding dust, spent antifreeze, waste oil,
chlorofluorocarbons, methylene chloride -contaminated paint sludge, wash water, used containers
and waste paint booth filters. Hazardous waste violations include the illegal disposal of wastes,
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containers not properly closed, improper disposal of sanding waste and containers with no labels
(Hahn, S., San Diego County Department of Environmental Health, 2009).
Hazardous wastes regulated by California, as well as the federal government, are commonly
known as Resource Conservation and Recovery Act (RCRA) wastes. Regulated California
wastes also include specific toxic metals, which are not regulated under the federal RCRA laws
(California Department of Toxic Substances Control, 2006a). In general, hazardous wastes are
categorized into four separate categories: listed wastes; characterized wastes; universal wastes;
and mixed wastes.
For auto body shops, listed wastes and characterized wastes are of most concern. EPA
determines listed wastes and further categorizes the waste as a non-specific source waste, a
specific source waste or discarded commercial chemical products. Characterized wastes do not
meet any of the listings above but exhibit ignitability, corrosivity, reactivity, or toxicity (EPA,
2009b).
Neighborhood
There are multiple issues with regards to neighborhood safety including:
• Traffic
• Security
• Parking and Vehicle Storage
A study was conducted to investigate trip generation rates within the WSP (Linscott, Law &
Greenspan Engineers, 2008). The total traffic generated in the WSP was 33,905 daily trip ends
(ADT) with 24,255 ADT for net non-residential. The non-residential traffic generated represents
over 70% of the total traffic. During the site visit by Vita Nuova consultants, it was observed that
there was both heavy-duty and light -duty truck traffic along multiple streets within the WSP. It
was also observed that there were at least threc off-ramps/on-ramps from Highway 5 connecting
to the WSP area. Studies have shown exhaust from truck traffic have a correlation to high asthma
rates. An example is the Bronx neighborhood of New York City where truck exhaust and truck
idling has been related to high asthma. The Bronx neighborhood has residential communities
dispersed throughout industrial land uses and near major highways, similar to the WSP area. In
New York State, a long-term enforcement plan has been enacted to reduce the adverse health
impacts associated with exhaust from heavy-duty truck traffic and diesel traffic. Under New
York State law, heavy trucks and buses may not idle for more than five minutes (New York State
Department of Environmental Conservation,-2007).
During public workshops, community members expressed concern over unsightly security fences
surrounding industrial property. In some cases razor wire was placed on fences. In general,
chain -linked fencing is the most cost-effective but can also be the least aesthetically pleasing
style of fencing. Obviously fences do not solve all security issues. There needs to be a balance
between a durable and effective fence and visual aesthetics. The community members during
public meetings requested no razor wire be placed on top of fences at a minimum. While fences
may be unsightly, they provide a form of security that is needed to ensure that children and
S Trip ends are one-way traffic either entering or leaving.
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others in the neighborhood do not have access to stored and damaged vehicles or stored
hazardous material or wastes where injury can occur.
National City hired an outside consultant (Linscott, Law & Greenspan Engineers, 2008) to
examine existing parking supply and demand. Overall, it was found that there were over 1,400
street parking spaces available in the WSP. During weekdays the demand capacity was at 96%,
while on Saturdays the demand capacity was at 63%. Several recommendations in the study were
proposed including the introduction of angled parking. It was also recommended that industrial
uses should have I.0 parking space per 500 square feet. During the site visit by Vita Nuova
consultants, it was reported that many businesses were using on -street parking for the storage of
vehicles. In some cases, businesses were using on -street parking spaces for repairing vehicles.
Environmental Issues
Air Quality
The best method for improved air quality in the workplace and the surrounding neighborhood is
to reduce emissions at the source. The most simple and cost-effective approach to improving air
quality is to use less toxic products. Using non-VOC or low VOC content solvent cleaners has
multiple benefits which include reducing VOC. and HAP emissions, reducing the cost of waste
disposal and decreasing costs for material and labor that is involved with handling solvent
cleaners.
Use of low VOC or water -based paints also has similar benefits. By using low VOC paints, an
auto body shop can reduce labor and applications, as well as reduce exposure to workers and the
community. Additionally, using water -based paints, minimizing dust from sanding operations
and upgrading paint mixing and spray equipment are all effective ways to reduce emissions and
improve air quality.
The sanding process produces airborne dust particles from body filler, welding, body surface and
old coatings. Dust from the sanding has the potential to be inhaled by workers and may cause
health problems. Sanding waste often contains heavy metals such as cadmium, chromium,
nickel, copper, lead and zinc. Exposure to these toxic metals can cause serious illness to workers.
Particles of these metals on worker clothing may result in take-home exposures and exasperate
the problem by effecting people outside the workplace. If not collected and managed properly,
sanding dust is tracked around the shop floor and to outside areas. It is best to have the sanding
waste tested by an accredited lab to determine if the sanding waste is hazardous for proper
disposal.
Storage and Handling of Hazardous Materials
A generator of hazardous wastes has the explicit responsibility to determine whether or not a
waste must be stored, transported and disposed of as a hazardous waste. There are two primary
methods to determine if a business is dealing with a hazardous waste. The first is to review a
product's Material Safety Data Sheets (MSDS). The MSDS will identify characteristics as
mentioned above. This information should then be compared to Title 22 of the California Code
of Regulations to determine if a waste should be classified as a hazardous waste. The second
method is to have the suspected waste tested and analyzed by an accredited lab.
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The storage, handling and disposal requirements for hazardous or potential hazardous wastes is
often neglected or misunderstood. In general, a hazardous waste needs to be in a closed
container, labeled properly, in a secure location and disposed at a licensed treatment and storage
disposal facility. Rags and towels may also be considered hazardous wastes when used in
operations involving hazardous materials and may require special handling and disposal. When
applicable, recycling can be an effective and cost -savings approach for many hazardous
materials. Also, exchanging materials such as oil -based paints with water -based paints will result
in Less hazardous waste generation and can be an effective solution to minimize the storage and
handling of a hazardous waste.
Pollution Prevention
Pollution prevention is an effective way to improve the bottom line for a business by improving
economic returns, reducing environmental impacts and reducing impacts to the surrounding
community (which improves social benefits). Pollution prevention may be defined as
maximizing the use of materials, processes, or practices while reducing or eliminating the
creation of pollutants or waste at the source. In general, pollution prevention includes material
substitution, improved operating practices and/or equipment modifications.
Auto body shops generate emissions and wastes that have a potential for discharge to the air,
land and water. Many of these discharges are regulated by federal and state agencies, including
permitting requirements to minimize the release of pollutants to the environment. The use of
pollution prevention measures and best management practices can help achieve compliance with
regulatory requirements, reduce smog forming VOC emissions, reduce the time and money spent
to manage hazardous wastes and eliminate contaminated wash water/stormwater discharges.
Implementing pollution prevention may also help reduce operating expenses.
Overall, pollution prevention can involve strategies that are simple to implement and cost
effective to put into practice. For example:
• Use low VOC or waterborne paints and cleaners6
• Encourage train workers not to overspray or require the use of High Volume Low
Pressure (HVLP) spray guns. HVLP spray guns can reduce coating use by 30% or more,
reduce overspraying which reduces cleanup cost savings, decreases frequency of spray
booth filter changes, and improves the ability to apply thick or high -solid coatings as
compared to conventional high-pressure siphon guns.
• Use laundered rags and towels to minimize potential hazards
• Improve inventory control (i.e., reduce amount of products in storage, use first-in/first-
out for paint and materials)
• Keep containers closed and regularly inspect for leaks
• Use good housekeeping measures
Since 1998, the Rhode Island Department of Environment Management (RI/DEM) has
implemented a successful pollution prevention program geared towards auto body shops.
RI/DEM offers a certification program covering training requirements, hazardous waste
management, air quality concems, occupational health and safety and pollution prevention
6 Waterborne paints and coatings may be more expensive than solvent -based paints and coatings.
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techniques that allow an auto body shop to determine its compliance status. This program is
unique because it involves a partnership between state environmental and health departments, a
state university and a vocational training institution. The partnership helps maximize resources
among the organizations, reaches a wider audience and reduces the amount of enforcement
traditionally required. The intent of the program is to improve environmental performance while
reducing worker exposures and any cumulative exposures. Five health protection guidelines were
established to improve the workplace environment and reduce take-home toxins:
• Use high -velocity, low -volume (HVLV) ventilated sanders with adequate filter
efficiencies
• Use laundry facilities, if available. If laundry facilities are not available, bring a change
of clothes to work. Leave work clothes and shoes at work. If possible, shower at work.
• Wear appropriate personal protective equipment
• Wash hands before eating
• Do not leave food or drink in the work area as dust can travel and contaminate items
Nuisances
Security Aesthetics and Fencing
As previously mentioned, WSP community members expressed concerns during public meetings
about fencing and requested that no razor wire be placed on top of fences. In general, there are
two opposing perspectives. A property owner of an industrial land use would like a durable and
cost-effective fence to improve security. The community prefers a fence that is attractive and
improves the character of the neighborhood, such as a mural on a concrete wall.
Noise
Noise pollution for auto body shops is usually associated with equipment use and the idling of
diesel power commercial vehicles. Options to reduce noise pollution include acoustical materials
in areas inside buildings where high noise equipment is used, restrict vehicle repairs outside the
building, restrict truck idling and restrict hours of operation for heavy equipment.
Odor
Odor can be a difficult metric to measure impacts for a number of reasons. Many materials used
in an auto body shop often have an odor, including gasoline, alcohol and the solvents used in
paints. If an odor is detected in the ambient air, it may be difficult to isolate the source of the
odor. It is best to reduce emissions of materials and associated VOCs at their source using
pollution prevention techniques. With noticeable or pronounced odors that can be isolated, an
ordinance can address the concerns or, sometimes, a simple engineering solution, such as
increasing stack height for regulated exhaust emissions may help. For example, the State of
Rhode Island Department of Environmental Management's Air Pollution Control regulation for
odor states that "no person [such as an auto body shop] should emit...any air
contaminant(s)...which creates an objectionable odor beyond the property line...."
General Design Guidelines and Best Management Practices for New Construction of Auto
Body Shops
Design guidelines and BMPs are most effective when jointly coordinated. Design guidelines
provide the basis for improved BMPs. However, a well -executed BMP surpasses any design
implementations when considering immediate and attainable improvements to the environment
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and public health. It is arguable that an auto body shop that is a high performance and state-of-
the-art facility without BMPs will underperform an auto body shop without a high performance
facility, but with well -established BMPs. This section introduces a series of design guidelines
related to auto body shops and several green certificate programs. It is recommended that BMPs
for auto body shops are coordinated with any suggested design guidelines.
New Construction Compared to Retrofits of Existing Buildings
The design guidelines and BMPs proposed in this report are intended for new construction of
auto body shops BUT do not exclude reusing and retrofitting an existing building. It should be
noted that reusing a building may add more challenges, but overall is considered a more
sustainable option when factoring in the life cycle costs of the materials both in the
deconstruction and construction of a new facility.
Background of Existing Design Guidelines, Regulations and Green Certificates
There are numerous design guidelines, regulations and green certificate programs that are driving
the improvement of auto body shops. For example, EPA has programs specific to auto body
shops; the California Department of Toxic Substance Control (DTSC) has published BMPs; the
State of California has energy efficiency standards; and San Diego County has a voluntary Green
Business Program for auto body shops and other businesses. The following sections provide
examples of existing design guidelines and voluntary green certificate programs that are
applicable to auto body shops.
Examples of Design Guidelines and Regulations
1. Nonresidential Compliance Manual for California's 2005 Energy Efficiency Standards
(Title 24)
California's 2005 Energy Efficiency Standards as described in Title 24 of the California Code of
Regulations is to improve energy efficiency in buildings, increase reliability and availability of
electricity in the energy market, improve indoor environment quality and comfort, and reduce
environmental impacts. A summary of some key additions for the 2005 standards, as required by
the California Energy Commission for nonresidential buildings includes the following.
• Cool Roofs. The nonresidential prescriptive standards require "cool roofs" (high
reflectance, high emittance roof surfaces) in all low slope applications. The cool roof
requirements also apply to roof replacements for existing buildings.
• Basic Building Commissioning. For electrical and mechanical equipment that is
susceptible to breaking down.
• Duct Efficiency. R-8 duct insulation and duct sealing with field verification is required for
ducts in unconditioned spaces in new buildings. Duct sealing is also required in existing
buildings when the air conditioner is replaced.
• Skylights for Daylighting in Buildings. The prescriptive standards require that skylights
with controls to shut off the electric lights are required for the top story of large, open
spaces (spaces larger than 25,000 ft2 with ceilings higher than 15 ft.).
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• Thermal Breaks for Metal Building Roofs. Continuous insulation or thermal blocks at the
supports are required for metal building roofs.
• Unconditioned Buildings. New lighting standards —lighting controls and power limits —
apply to unconditioned buildings, including warehouses and parking garages. Lighting
power tradeoffs are not permitted between conditioned and unconditioned spaces.
2. EPA Design for the Environment/Automotive Refinishing Partnership
The Design for the Environment (DFE) and the auto refinish industry are working together to
promote best practices and control technologies in order to reduce toxic air pollutants. A primary
concern is paint overspray in auto body shops. First and foremost, HVLP spray painting guns are
always recommended instead of conventional gravity or siphon -feed spray painting guns. In
general, HVLP guns can cut paint overspray concentrations in half and have the potential to
reduce paint usage.
Ventilation in spray painting booths is another control measure. Downdraft ventilation is
recommended instead of cross -draft or semi-downdraft ventilation spray painting booths.
Downdraft ventilated booths produce lower concentrations of paint overspray and result in a
superior finished paint job that requires less buffing.
Personal respiratory protection equipment and a Respiratory Protection Program (RPP) are also
recommended by OSHA. The RPP requires such measures as worker evaluation, selection of
appropriate air -purifying or supplied -air respirators, fit -testing, training and maintenance. The
combination of HVLP equipment, downdraft ventilation and proper respiratory equipment will
assist in properly protecting workers from inhalation of air pollutants.
High Velocity Low Volume orbital vacuum sanding systems can protect workers and others
nearby from harmful dust. A HVLV sanding system uses industrial vacuum cleaners to trap
sanding dust before it becomes airborne and has a compressed air driven sanding disc that is
perforated with a series of holes. As the sander removes paint/filler, the dust is drawn into the
holes and moves through a hose that is attached to the vacuum unit. The dust then travels to a
collection canister where it is stored until it can be disposed. Because dust is collected as the
paint/filler is removed, the amount of dust that can escape into the shop is reduced considerably.
Vacuum sanding systems are considered either central or portable. A central sanding system can
be operated by up to 24 technicians while a portable system can be used by three technicians.
The cost of a central vacuum system depends on factors like the size of the shop and the number
of hoses required. Typical costs are between $1.00 and $1.60 per square foot of the total shop
size.
3. EPA Collision Repair Campaign
The Collision Repair Campaign (CRC) is a national campaign to reduce auto body emissions at
the national level and to address health threats related to auto body shop emissions. The
voluntary program is unique in that it is a coordinated nationwide effort to reduce HAPs, VOCs
and particulate emissions from auto body shops instead of a regional approach. The program
provides training and education for employers, employees and the community. The CRC
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provides information for the final rule in the National Emission Standards for Hazardous Air
Pollutants (NESHAP).
NESHAP, Subpart 1-11HHI, will require the following for existing sources in 2011 and is now
required for new sources as of 2008 (EPA, 2008).
• Paint Stripping Operations. Implement management practices that minimize emissions of
methylene chloride (MeCI).
• Surface Coating Operations
• Spray booth controls. install and operate filter technology on all spray booths to
achieve at least 98% capture efficiency.
• Enclosed Spray Booths. Spray booths used for refinishing vehicles must be fully
enclosed and ventilated at negative pressure or up to 0.05 inches water gauge positive
pressure for booths that have seals on all doors and other openings and an automatic
pressure balancing system.
• Ventilation. Spray booths used to coat miscellaneous parts must have a full roof, at
least three complete walls or side curtains, and ventilated so that air is drawn into the
booth.
• HVLP guns. Spray -applied coatings must be applied with a HVLP spray gun,
electrostatic application, airless or air -assisted airless spray gun, or an equivalent
technology.
• Cleaning. Paint spray gun cleaning must be done so that an atomized mist or spray of
the cleaning solvent is not created outside a container that collects used gun cleaning
solvent.
• Training. Train and certify all personnel who spray apply surface coatings.
4. Coordinating Committee for Automotive Repair (CCAR)
The Coordinating Committee for Automotive Repair is a non-profit that represents more than
200 national private and public organizations. Its mission is to provide information to the
automotive industry and measure improvements with such initiatives as pollution prevention.
The CCAR-Green Link provides valuable educational information for improving the practices in
auto body shops. This resource has a virtual design tool that provides links to the multiple factors
used to implement best practices for mixing rooms, spray booths, service repair shops and open
bay areas. For example, the virtual shop for spray booths includes a link for proper ventilation.
Information can be found on how to reduce risks and common mistakes with ventilation for
mixing rooms. This includes a discussion on the most effective way to ventilate paint mixing
rooms using both local and general exhaust ventilation systems in combination. This has the
advantage of only using the local exhaust during the actual mixing, while the general exhaust
remains on for the entire day to insure proper circulation.
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It should also be noted that CCAR-Green Link references the Western Sustainability and
Pollution Prevention Network (WSPPN) which is a strategic alliance involving local, state,
federal and tribal pollution prevention programs throughout EPA Region 9. The WSPPN was
established in 1997 by EPA to improve communication and information dissemination among
network members to maximize efficiency of pollution prevention implementation. The WSPPN
provides Auto Repair Topic Hub, a guide to basic information with links to additional on-line
resources. This has links for operations, pollution prevention, resources, contacts and other
useful information for auto repair and auto body shops.
5. Lean Manufacturing
Lean manufacturing is a method to improve production practices while reducing wastes. The
term lean manufacturing became mainstream with the introduction of the Toyota Production
System (TPS) in the 1990s. The TPS is an applied philosophy of management to improve the
practices in automobile manufacturing. Very simply, its principles are to reduce overburdening,
remove inconsistency and eliminate waste in the manufacturing process.
Another automobile manufacturer, General Motors, used the lean manufacturing principles with
cleaning paint booths. Paint booths were originally cleaned every other day to prevent unwanted
blemishes or chips of old paint from attaching onto subsequent paint jobs. It was discovered,
however, that the automated section of the painting operations only needed to be cleaned once a
week when the booths were thoroughly cleaned. Larger holes were cut in the floor grating to
allow for thicker paint accumulations.
The reduction in cleaning frequency improved the process time and flow. A secondary benefit
was the decreased use of solvents needed for cleaning. When combined with reductions achieved
by solvent recycling, VOC emissions were reduced by 369 tons in the first year with the cleaning
operation changed to once per week'.
Green Certificates
1. Leadership in Energy and Environmental Design (LEED) Rating System
LEED is a green building rating system primarily for new construction of office buildings,
although they now have rating systems for schools, hospitals and homes. There are no auto body
shops that have a LEED rating, but several auto dealerships have received a LEED rating. The
LEED rating system is divided into five categories that include sustainable sites, water
efficiency, energy and atmosphere (EA) and materials and resources, and indoor environmental
quality (IEQ). The new LEED rating system, Version 3, is based on a 100 point scale.
Certifications are awarded depending on the number of points achieved. A minimum of 40 points
is required to achieve the basic "Certified" rating.
With IEQ, the credits that are most directly applicable to an auto body shop are as follows, with a
description of the intent of each credit and total number of points possible.
• Outdoor Air Delivery Monitoring. To provide capacity for ventilation system monitoring
to help promote occupant comfort and well-being (1 point).
7 EPA Lean Manufacturing and the Environment, 2003.
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• Increased Ventilation. To provide additional outdoor air ventilation to improve indoor air
quality (IAQ) and promote occupant comfort well-being and productivity (1 point).
• Indoor Chemical and Pollutant Source Control. To minimize building occupant exposure
to potentially hazardous particulates and chemical pollutants (1 point).
• Controllability of Systems -Lighting. To provide a high level of lighting system control by
individual occupants or groups in multi -occupant spaces (e.g., classrooms and conference
areas) and promote their productivity, comfort and well-being (1 point).
• Daylight and Views -Daylight. To provide building occupants with a connection between
indoor spaces and the outdoors through the introduction of daylight and views into the
regularly occupied areas of the building (1 point).
The EA credits that are most directly applicable to an auto body shop are as follows, with a
description of the intent of each credit and total number of points possible.
• Optimize Energy Performance. To achieve increasing levels of energy performance
beyond the prerequisite standard to reduce environmental and economic impacts
associated with excessive energy use (19 points).
• Enhanced Commissioning. To begin the commissioning process early in the design
process and execute additional activities after systems performance verification is
completed (2 points).
If an owner of an auto body shop were trying to achieve a LEED rating, the credits outlined
above would have the most relevance. The amount of points achieved for the EA credit,
Optimize Energy Performance, is dependent on the percentage of energy cost savings. For
example, a new building that reduces its energy cost savings by 16% can receive 3 points. A new
building that reduces its energy cost savings by 48% or more can receive the maximum 19
points.
2. EPA ENERGY STAR for Automotive Dealers
The National Automotive Dealers Association (NADA) has partnered with EPA's ENERGY
STAR program to help automotive dealers make cost-effective, energy -saving investments for
both existing facilities and new construction. This program requires a dealership to join the
ENERGY STAR Small Business Network and then take the ENERGY STAR Challenge which
involves a three -step process. First, a business measures its monthly energy use. Second, it is
necessary for the business enrolled in the EPA program to outline its energy efficiency
improvement goals. Finally, the business needs to implement improvements to its buildings and
facilities.
3. San Diego Area Green Business Program
The San Diego Area Green Business Program is based on the Clean & Green Program
implemented by the San Francisco Department of Public Health. The program is voluntary and is
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designed to help businesses avoid or reduce the use of toxic chemicals in an effort to decrease
health related hazards to workers while promoting environmental health. The program, while
currently not accepting new applicants, provides useful educational information to help address
pollution prevention specifically targeted at auto -related businesses.
While the San Diego Area Green Business Program has currently been postponed (San Diego
County Department of Environmental Health, 2009), two auto body shops within the county
received certification. One of the auto body shops, Poway Valley Collision, designed and built a
state-of-the-art facility. The Poway facility installed solar panels that provide 90% of the electric
demand, a 13,000-square foot metal department with proper ventilation controls, a 7,500-square
foot space dedicated to seven prep stations and four downdraft paint booths with a central dust
extraction systems.
Design Guidelines for New Construction
Based on the information discussed in this report, the following design guidelines are presented
for consideration to improve auto body shops in National City.
1. Office/customer accessible area
It is recommended that all offices and customer areas have sufficient barriers (e.g., walls,
doorways) from the auto body workplace areas to minimize potential exposures by office
workers and customers to hazardous materials and equipment that may pose a health or safety
risk. Separate ventilation systems should be provided for work area and office and customer
areas. Daylight measures with lighting controls and thermostats to control HVAC systems should
be installed for office and customer areas, as well as in the workplace areas.
8 See http://www.powayvalleycollision.com/.
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Figure 1: Roof Monitors
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2. Paint spray booth designs
Install and operate filter technology on all spray booths to achieve at least 98% capture
efficiency. It is recommended that spray booths used for refinishing vehicles AND coating
miscellaneous parts be fully enclosed and ventilated at negative pressure or up to 0.05 inches
water gauge positive pressure for booths that have seals on all doors and other openings and an
automatic pressure balancing system. All spray booths should have downdraft ventilation
systems and be physically separated from mixing rooms.
Figure 2: Paint Spray Booth
3. Hazardous waste storage areas
Storage areas should be enclosed and/or separate secured areas within an auto body shop. All
storage areas should have sufficient capacity for the maximum storage time for the RCRA
category for the individual auto body shop. Storage areas should be designed to contain a spill or
release of hazardous waste.
4. Mixing rooms and storage rooms for hazardous materials (inventory)
A well -designed ventilation system in a separate mixing room will vent harmful vapors and
significantly improve air quality in the mixing room. Since this has the potential to be used more
frequently than the storage room, a separate room for mixing is recommended. Having a separate
storage room has the advantage of providing better inventory controls and tracking.
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5. Ventilation
Within a building, it is recommended that all enclosed spaces be continuously ventilated during
occupied hours with outdoor air using either natural or mechanical ventilation. Spaces where
occupancy will be brief and intermittent (e.g., storage rooms), and that do not have any unusual
sources of air contaminants, do not need to be directly ventilated. Ventilation compliance at the
space is satisfied by providing supply and/or transfer air, as well as minimum outdoor air
required for that space. High Velocity Low Volume orbital vacuum sanding systems, either
central or portable should be installed to improve ventilation. All paint mixing rooms should use
both local and general exhaust ventilation systems in combination.
There are two basic types of ventilation: general exhaust ventilation and local exhaust
ventilation. General exhaust ventilation systems typically consist of an exhaust fan, mounted in
the ceiling or wall that pulls air out of the workroom and discharges it outdoors. Replacement
air is brought into the work area by either natural means, such as windows and vents, or by a
mechanical system that includes a separate make-up air fan, duct work and air registers that
provide clean air to the work space. Local exhaust ventilation systems, on the other hand,
remove chemicals and other contaminants at their source. These systems are recommended for
controlling hazardous vapors because, if designed properly, they remove the vapors before
workers are exposed to them. All local exhaust ventilation systems need to have three basic
components: a hood, ductwork and a fan.
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Clean
Solvent
Drum
Gun
Washer
0
Mixing
Bench
Paint
Waste
Drum
Exhaust Vent
Make-up
air inlet
Door ,
Top view of room —
Locate exhaust vent near vapor sources
Figure 3: Combination Ventilation System
6. Floor drains and water pollution control
The use of floor drains should be minimized in favor of low volume or non -liquid floor cleaning
methods. Where floor drains are needed, floor drains should have separators and holding areas in
order to capture potentially hazardous wastes and allow the facility to properly dispose of the
waste, if necessary, before it is discharged. Floor drains that connect to stormwater or sanitary
sewer systems should be excluded from any spray booth areas, hazardous material storage areas
(e.g., mixing rooms), and hazardous waste storage areas in order to remove the possibility of
excess paint or other hazardous liquids from discharging in to a stormwater or sanitary sewer
system.
Floors should be sealed with epoxy or suitable sealant to improve spill cleanups. A wastewater
recycling system is an excellent design measure that improves environmental and economic
benefits by supplying recycled water to car washing operations and other operations instead of
using city water.
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Final Draft, December 4, 2009
Figure 4: Floor Drains
7. Parking/site layout
Parking should be provided at an allocation of one parking space per 500 square feet of gross
floor area with easily accessible parking for customers and employees. All parking for
employees should be located behind buildings. It is best if driveways and entrances are wide
enough to prevent trucks from reversing into public rights -of -ways and allow maneuvering on
the property for better traffic circulation. Auto body shops should not be located within 500 feet
of schools or residential areas. The area in front of the bay doors should not allow more than four
cars to be queued in front of bay doors. Auto loading/unloading areas should be located behind
buildings to assist in traffic and parking circulation.
8. Building access
It is recommended that the building be oriented in such a way that customers can enter the
facility without crossing or interfering with repaired vehicles. Employees should have the same
building access but from the rear of the building when possible.
9. Traffic circulation
It is recommended that the city make all efforts to direct traffic to and from auto body shops in a
dense area along one or two main streets. Signs should be placed to indicate to drivers that
certain roads are not permissible for heavy trucks.
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Design Guidelines and Best Management Practices for Auto Body Shops
10. Fire safety and access
All auto body shops should have a minimum of two access locations suitable for the access of
fire fighting vehicles. Hazardous material and hazardous waste storage areas should be identified
and be easily accessible. All businesses at a minimum should supply to the fire department: 1)
the name of the business; 2) the zoning type; 3) the number of employees; 4) an evacuation plan;
and 5) a 50-foot setback from the front property line to allow for access and maneuverability of
fire fighting vehicles.
It is important to recognize that there are multiple sources when meeting reporting requirements
for fire safety. Each source has its own reporting requirements. It is recommended that a single
report be provided to the Fire Department which utilizes all reporting requirements from the
multiple agencies.
The primary source for fire safety, the California Fire Code, provides an option for a Hazardous
Materials Management Plan (HMMP) where required by the fire official. It is recommended that
a HMMP or similar plan be considered for an auto body shop and include the following:
• Storage and use areas
• Maximum amount of each material stored or used in each area
• Range of container sizes
• Locations of emergency isolation and mitigation valves and devices
• Product conveying piping containing liquids or gases, other than utility -owned fuel gas
lines and low-pressure fuel gas lines
• On and off positions of valves for valves that are of the self -indicating type
• Storage plan showing the intended storage arrangement, including the location and
dimensions of aisles
• The location and type of emergency equipment
11. Fencing/security measures
It is recommended that all vehicle storage areas be screened in order to regulate the appearance
and avoid unsightly parking lots of vehicles awaiting repair. Fencing or screening should be solid
and decorative and no more than eight feet in height, except at the front property line, where it
should be no more than six feet in height. Screening vehicle storage areas is a simple and easy
way to regulate the appearance and avoid unsightly parking lots of vehicles awaiting repair.
Mandating a type and height of fencing or screening ensures that the fencing acts as a screen
from the surrounding neighborhood, without becoming a visual distraction.
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Figure 5: Proper Fencing
Final Draft, December 4, 2009
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Design Guidelines and Best Management Practices for Auto Body Shops
Best Management Practices
1. Spray gun cleaning
Extend the effective life of the cleaning solvent with two -stage cleaning. It is recommended that
the spray gun equipment be rinsed first with used solvent (if a waterborne product is not used)
and then cleaned with clean solvent. Paint guns should be cleaned with enclosed automatic paint
gun washing equipment. Disposable paint cup liners should be used as well as alternative gun
cleaning technology.
2. High Volume Low Pressure spray guns
It is recommended that employees be properly trained for the use of HVLP spray guns. The
Spray Technique Analysis and Research (STAR) program at the Iowa Waste Reduction Center
has the most thorough training which teaches its students the proper paint mixture content, spray
equipment type, spray equipment maintenance and spray technique (including pressures settings,
spray distance and spray angle). It is also recommended that a training program with Cuyamaca
College and the Southwestern College in San Diego County be established.
3. Solvent recycling
On -site recycling should be implemented. However, this may not be an option if the reclaimed
solvent has a higher VOC content than is allowed for paint gun cleaning (California Department
of Toxic Substances Control, 2006b). If solvent is recycled on -site, the reclaimed solvent should
be used only for paint spray gun cleaning.
4. Sanding process/ High Velocity Low Volume sanding systems
Dry sanding is preferred over wet sanding because it does not introduce a new waste stream. It is
recommended that a HVLV system be provided. A vacuum sanding unit with HEPA filtration
should be used. HVLV orbital vacuum sanding systems can protect workers and others nearby
from harmful dust. A HVLV sanding system uses industrial vacuum cleaners to trap sanding dust
before it becomes airborne and has a compressed air driven sanding disc that is perforated with a
series of holes. Washing of dust collection systems should not be done in such a way that it
collects in stormwater drains.
5. Hazardous waste generation and disposal
Hazardous waste should he handled and disposed of in accordance with the applicable RCRA
and California requirements. There should be a separation of waste streams with clear labels.
Maintaining separation of recyclable wastes (e.g., used oil, solvents) can avoid the creation of
hazardous waste. Many fluids can be recycled or reclaimed, but mixing can render the fluids
non -recyclable and create hazardous waste. All containers should be in good condition and
compatible with the material they are holding. Each container should remain closed except when
adding or subtracting wastes. All containers should be clearly labeled with the following:
• The date hazardous wastes began accumulating in that container
• The lettering, "Hazardous Waste" visible on the outside of the container
• The composition and physical state (solid or liquid) of the waste
• The hazardous properties of the waste (toxic, ignitable, corrosive, reactive)
• The name and address of the generator
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Final Draft, December 4, 2009
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WHIPPER
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Figure 6: Proper Hazardous Waste Labels
6. Pollution prevention
Pollution prevention should include the most basic steps first, such as improving inventory
control, reducing the amount of products in storage, using first -in, first -out for paint and
materials, inventorying storage areas regularly, keeping containers closed and inspecting for
leaks and using good housekeeping practices.
7. Storm Water Protection Plan (SWPP)
A Storm Water Protection Plan (SWPP) should be implemented for each auto body shop. SWPPs
provide a systematic way of developing an approach to preventing contamination of the
stormwater system. The SWPP should also be kept up-to-date and on file with the local city
planning office.
The best stormwater management program educates the owners and employees. Efforts should
focus on preventing spills inside and outside the facility. Hazardous materials should not be
stored near sewer and stormwater drains. "No Dumping" signs should be placed on stormwater
drains. The floor should be cleaned with a filtered vacuum system. A clarifier should be installed
in sanitary drains to capture sanding waste. Training should be provided to all employees on
good housekeeping measures and spill prevention.
8. Sanding waste
Sanding waste, especially with wet sanding, may contain toxic metals that can contaminate
surface waters. This waste should not be washed to gutters, streets, or storm drains whether or
not it is hazardous waste. With wet sanding, minimal water would be used and then collected
before entering the sanitary sewer when possible. Also the wash water should be collected in a
clarifier before discharging to the sanitary sewer. The clarifier should be inspected and serviced
regularly. A vacuum sanding unit can also minimize the uncontrolled discharge of sanding waste
during dry sanding operations.
9. Wash water and waste streams
In general, waste water from wash areas should flow AWAY from storm drains. Cars should be
washed in a bermed and covered wash area. A contained wash pad should be installed prior to
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Design Guidelines and Best Management Practices for Auto Body Shops
the sanitary sewer. If a permanent wash pad cannot be installed, a portable wash pad should be
used with a pumping system to the sanitary sewer drain. A closed loop water recycling system
should be installed to reduce water use and trap contaminants.
10. General environmental regulation and compliance
All businesses should determine applicable regulatory requirements, appropriate compliance
options and permitting requirements. If operations where usage exceeds 20 gallons or 150
pounds of VOC emissions per consecutive 12-month period, then the businesses must follow
Rule 67.20, Motor Vehicle and Mobile Equipment Refinishing Operations.
It is recommended that an Integrated Maintenance and Operational Plan (iMOP) be required for
all auto body shops. This plan would outline the types of equipment and maintenance procedures
used at the facilities and integrate environmental and occupational sectors. The plan would be
maintained and provided upon request, but not required for submittal to the city.
11. Waterborne coatings/paints
Waterborne coatings and paints are considered less toxic and have lower VOC levels compared
to solvent -borne products. It is possible to use less product with waterborne coatings and paints
when compared to solvent -based products. This can Lead to an immediate cost savings.
Waterborne products may have a shelf life between 24 and 60 months. In some cases,
waterbome products may have an advantage over solvent -borne products, such as with the use of
waterborne primer where solvent primer would react with existing substrate materials or
coatings. There is a concem about added drying times with waterborne coatings. This can be
easily addressed with the proper air movement in a spray booth. Depending on the booth cycles
per day, there are different methods to improve air movement in a booth, which will improve
drying times.
12. Inventory control practices
An inventory control practice reduces costs and potential hazards, such as a spill or fire. It is
essential to minimize inventory and purchase only what is needed. The first -in, first -out principle
is also important to ensure that the older materials are used first. All materials should to be stored
to maintain proper temperature, humidity and to reduce material degradation. Inventory limits
should not exceed emergency response capacity. It is recommended that shops minimize the use
of similar solvents and use waste exchange programs.
Encouraging waste exchange programs is also a possibility if a network of auto body shops can
be identified and created. This can help transfer valuable waste streams to facilities in need. In
addition, the network could include local or regional vocational or technical schools that would
benefit from excess materials that would have otherwise been wasted.
13. Personal protection equipment
As mentioned earlier, Cal/OSHA requires California employers to have a written Injury and
Illness Prevention (IIP) Program and Respiratory Protection Program (RPP) for its employees.
Auto body shops should have an IIP and RPP to ensure health and safety in the workplace. These
programs address such measures as worker evaluation, selection of appropriate air -purifying or
supplied -air respirators, fit -testing, training and maintenance. This includes wearing goggles or
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Design Guidelines and Best Management Practices for Auto Body Shops
face shields when operating sanding or grinding equipment, installing dust collectors on sanders
and grinders and installing splash guards on grinders that use coolants. Also it is essential to have
safety guards on any mechanical equipment as well as always wearing the appropriate clothing
(e.g., no loose clothing). Employers need to enforce these practices with employees and provide
periodic training that is culturally respective and effective.
14. Training
There should be stakeholder involvement to improve educational training with local technical
schools and manufacturers through incentives for participating, such as recognition awards from
the community. Training should be implemented from information gathered from what is
currently available. Also a method for tracking progress should be implemented such as
operating within the Environmental Results Program (ERP). An ERP is an innovative program
coordinated with the EPA that can improve the environmental performance of auto body shop
through education and by addressing environmental problems. In an ERP, regulatory agencies
educate facilities about their environmental impacts and the necessary regulations. The auto body
shops show their compliance with environmental requirements on a voluntary basis. ERPs are
now in Rhode Island, Delaware, Florida, Massachusetts, Maine and Michigan.
15. Recordkeeping
Recordkeeping can play an important role in evaluating an auto body shop's operating practices.
Records should be maintained for the following:
• Hazardous material inventories including paints, solvents, and other chemicals
• Volumes and types of hazardous wastes generated
• Volumes and disposition of hazardous wastes disposed of or recycled
• Annual usage of paint strippers containing MeC1
• Employee training
• Any accidents
16. Interaction with vocational schools
Several successful programs with vocational schools have been established in such states as
Massachusetts and Rhode Island. Currently in San Diego there are two small colleges that have
established training programs for auto body shops (K. Heiss, personal interview, June 22, 2009).
The Cuyamaca College in El Cahon and the Southwestern College in Chula Vista both have
training programs intended for auto body shop employees. It is recommended that both of these
schools be contacted about creating a coordinated training program that teaches BMPs, the types
of hazardous wastes generated from auto body shops and enforcement regulations.
Adaptability to Greyfields and/or Automotive Dealerships
Recently, a private consultant conducted a feasibility study for the implementation of an
industrial park for auto body shops in National City (Economic & Planning Systems, 2008). The
purpose of this study was to investigate the possibility of using an industrial facility for auto
body shops interested in relocating outside the WSP area. The report investigated several
industrial building prototypes and the cost-effectiveness of these prototypes. One of the
recommendations from this report was constructing a new one-story industrial complex with
shared facilities for multiple auto body shops.
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Currently, with the slow -down of the economy, many existing auto dealerships arc being forced
to close. The WSP area is adjacent to the "National City Mile of Cars" which has multiple auto
dealerships. It is recommended that vacant auto dealerships be considered for the retrofit and
reuse of multiple auto body shops. Many auto dealerships have the advantage of having the
proper layout and infrastructure for auto body repair and painting. This could be a cost effective
approach for auto body shops considering relocating outside the WSP area.
One immediate advantage with the reuse of an auto dealership is the installation of a central car
washing and wastewater recycling system. A central car washing operation can have an in -
ground system that captures and recycles wastewater. The use of a central car washing system
promotes pollution prevention practices, reduces wastewater discharge and improves the bottom
line for a business by reducing the need for resources such as city water.
Summary
The introduction of the revised Rule 67.20, Motor Vehicle and Mobile Equipment Refinishing
Operations, by the San Diego County Air Pollution Control District will have an impact on auto
body shops in National City. The revised rule would significantly lower VOC limits and provide
separate VOC limits for clear coatings and color coatings. The revised rule is planned for
adoption in 2010 with an effective date in 2011. This rule will promote the use of waterborne
coating and paints and reduce the allowable amount of VOC paints. The new ruling will have an
impact on auto body shops with the conversion to waterborne coatings. However, auto body
shops can achieve a cost savings with the conversion by the reduced consumption of coatings
and paints, as well as with the requirements normally needed for the handling and disposing of
hazardous wastes.
The final rule in the NESHAP, Subpart HHHHHH, will require more stringent paint stripping
and surface coating operations for existing sources in 2011 and is now required for new sources
as of 2008. Auto body shops will have new challenges with the added codes and regulations. It is
estimated that approximately 25% of existing auto body shops in the U.S. will need to take
action to comply. A cost savings is possible for auto body shops that are required to comply by
reducing labor and materials costs.
Several states, such as Rhode Island, have implemented a voluntary auto body certification
program that has been shown to be extremely effective (Enander, 2007). The certification
programs are key in that they provide training requirements, hazardous waste management, air
quality information, occupational health and safety and pollution prevention techniques to auto
body shops and the general public. By offering training and joint services, such as voluntary
certification programs, it has been demonstrated to:
• Maximize limited resources for multiple organizations
• Capture a wider audience and therefore educate more businesses
• Reduce the amount of enforcement traditionally required
BMPs integrated with operations and design practices have the ability to achieve multiple
benefits. As auto body shops face new challenges with more stringent regulations, they have the
opportunity to improve their bottom line, improve health and safety and have fewer impacts to
the environment by using the BMPs outlined in this document.
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Appendices
Appendix A
Statement of Work
For
National City Brownfields Project
Westside Specific Plan Area
1. Review of Material and Site Visit
a. Review inventory, previous study, GIS data and community meeting
objectives
b. Make site visit
c. Meet with client and National City officials
2. Proposal for Amending City Code
a. Prepare a one -page Executive Summary for new clean industrial code and
matrix for auto body and paint shops
b. Prepare an outline for clean industrial code for auto body and paint shops
c. Research locations in the United States with similar issues regarding
environmental impacts of auto body and paint shops
3. Design Guidelines for New Auto Body Facilities at an Off -site Industrial Park
a. Research existing design guidelines such as LEED Rating system
b. Determine design specifications for auto repair shops and auto body shops
c. Identify issues related to auto body and paint shops for six key issues
including air, noise, hazardous waste, parking and circulation, storage and
security
d. Determine site requirements in regard to safety, fire dept. requirements,
parking and noise buffers
e. Develop matrix of best practices for auto body and paint shops
f. Create a draft best practices manual that includes guidelines, images, matrix
and resources ("images" is not meant to imply architectural design, but rather
functional diagrams are helpful)
g. Internal review of draft
h. Finalize best practices manual for client
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Design Guidelines and Best Management Practices for Auto Body Shops
Appendix B: Matrix for Design Guidelines and Best Management Practices
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Appendix C: Pollution Prevention and Compliance Opportunities Checklist
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Appendix D: Self -Certification in Rhode Island
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Design Guidelines and Best Management Practices for Auto Body Shops
Appendix E: San Diego Green Business Certification
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Appendix F: Future Considerations for a Green Industrial Park
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Design Guidelines and Best Management Practices for Auto Body Shops
References
California Building Standards Code. (2007). California Fire Code, California Code of
Regulations, Title 24, Part 9
California Department of Toxic Substances Control. (2006a). Hazardous Waste Management.
Retrieved June 3, 2009 from:
http://www.dtsc.ca.gov/InformationResources/local contacts.cfm
California Department of Toxic Control Substances. (2006b). Pollution Prevention and
Compliance Opportunities Checklist. Retrieved June 3, 2009 from:
http://www.dtsc.ca.gov/InformationResources/local contacts.cfm
California Division of Occupational Safety and Health. (2007a). Respiratory Protection.
Retrieved June 14, 2009 from: http://www.dir.ca.gov/title8/5144.html
California Division of Occupational Safety and Health. (2007b). Guide to Developing
Your Workplace Injury and Illness Prevention Program. Retrieved June 14, 2009 from:
http://www.dir.ca.gov/doshidosh publications/IIPP.html
City of National City. (2009). Draft Westside Specific Plan — Clean Industrial Land Uses
Economic & Planning Systems. (2008). Industrial Park Feasibility Study. Report sent by
National City Planning Division on May 26, 2009
Enander, R., Gute, D. & Cohen, H. (2003). The Concordance of Pollution Prevention and
Occupational Health and Safety: A Perspective on U.S. Policy. American Journal of
Industrial Medicine, 44, 312-320
Enander, R, Gute, D. & Missaghian, R. (1998). Survey of Risk Reduction and Pollution
Prevention Practices in the Rhode Island Automotive Refinishing Industry. American
Industrial Hygiene Association Journal, 59, 478-489
Enander, R., Gagnon, R., Hanumara, R., Park, E., Armstrong, T. & Gute, D. (2007).
Environmental Health Practice: Statistically Based Performance Measurement. American
Journal of Public Health, 97(5), 819-824
Essentia Management Services. (2007). Westside Neighborhood Area — Wide Property
Inventory. Report sent by National City Planning Division on May 26, 2009
Hahn, S., San Diego County Department of Environmental Health. (2009). Hazardous Waste and
Materials Management Plus Pollution Prevention Strategies. PowerPoint presentation sent
via email on June 23, 2009
IBISWorld Industry. (2009). Auto Body, Paint & Glass Repair. Retrieved June 7, 2009 from:
http://www.ibisworld.com/industry/retai l.aspx?indi d=1694&chid=1
Linscott, Law & Greenspan Engineers. (2008). Parking Study and Existing Land Uses Trip
Generation. Report sent by National City Planning Division on May 26, 2009
National Fire Protection Association. (2008). NFPA 30A: Code for Motor Fuel Dispensing
Facilities and Repair Garages
National Institute of Occupational Safety and Health. (1999). Identifying High -Risk Small
Business Industries: The Basis for Preventing Occupational Injury, Illness and Fatality.
Retrieved July 2, 2009 from: http://www.cdc.gov/niosh/docs/99-107/result:html
Vita Nuova LLC page 40
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City of National City, California Final Draft, December 4, 2009
Design Guidelines and Best Management Practices for Auto Body Shops
New York State Department of Environmental Conservation. (2007). Idling Trucks and Buses.
Retrieved July 22, 2009 from:
http J/www.oag.state.ny.us/bureaus/environmental/pdfs/idling%20Brochure%208.07.pdf
San Diego County Department of Environmental Health. (2009), San Diego Area Green
Business Program. Retrieved July 3, 2009 from:
http://www.sdcounty.ca.gov/deh/doing business/chd greenbus.html
Shoemaker, P., Skogstrom, T., Shea, J., & Bethune, L. (2007). The Boston Safe Shops Project —
Preliminary Findings of a Case Study in Applying the 10 Essential Services of Public Health
to Building Environmental Health Capacity. Journal of Environmental Health, 70(1), 22-28.
U.S. Census Bureau. (2007). NAICS Definitions. Retrieved June 13, 2009 from:
http://www.census.gov/naics/2007/def/ND811121.HTM
U.S. Department of Labor, Occupational Health and Safety Administration. (2009). 1910.94
Ventilation. Retrieved July 2, 2009 from:
http://www.osha.gov/pis/oshaweb/owadisp.show document?p id=9734&p table=standards
U.S. EPA. (2005). Reducing Air Pollution from Auto Body Shops. Retrieved May 22, 2009
from: http://www.epa.gov/oar/toxicair/community/guide/autobody comm info.pdf
U.S. EPA. (2008). Summary of Regulations Controlling Air Emissions from Paint Stripping and
Miscellaneous Surface Coating Operations. Retrieved June 13, 2009 from:
http://www.epa.gov/ttn/atw/area/paint stripb.pdf
U.S. EPA. (2009a). Improving Air Quality in Your Community. Retrieved June 6, 2009 from:
http://www.epa.gov/air/community/details/autobody shops.html
U.S. EPA. (2009b). Hazardous Wastes. Retrieved June 13, 2009 from:
http://www.epa.gov/osw/hazard/index.htm
Valent, F., McGwin, G., Bovenzi, M. & Barbone, F. (2002). Fatal Work -Related Inhalation of
Harmful Substances in the United States. CHEST, 121(3), 969-975
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City of National City, California
COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT
MEETING DATE January 19, 2010 AGENDA ITEM NO. 21
ITEM TITLE A resolution authorizing the Chairman to execute a Purchase
and Sale Agreement for $1,823,000 with Palm Plaza Associates, LLC to
develop a 72-unit multi family housing project in part on property owned by
the Community Development Commission at 1640 East Plaza Boulevard.
PREPARED BY
Patricia Beard (ext 4255)
Redevelopment Manager
DEPARTMENT
Redevelopment Divisio
EXPLANATION The CDC owns 1.066 acres at 1640 East Plaza Boulevard and Palm Plaza
Associates, LLC owns 1.144 acres contiguous at 1300 Palm Avenue. The attached resolution
would conditionally sell the CDC land to Palm Plaza for development of a 72-unit market rate
multi -family housing project, to be potentially rented as apartments prior to sale as
condominium when the condominium market recovers. This Purchase and Sale Agreement
has been under discussion since Palm Plaza Associates, LLC entered into an Exclusive
Negotiation Agreement on January 10, 2006. The physical development approach to the site
was presented to the City Council on January 5, 2010. The proposed transaction was
discussed under a companion item called "Summary Report" on the CDC agenda on January 5
and by the City Council at tonight's meeting. The attached Background Report describes the
History of the redevelopment discussions surrounding this site.
l
Environmental Review Analysis under the California Environmental Quality Act was completed
prior to consideration of this Purchase and Sale Agreement.
Financial Statement The Purchase Price for the CDC land is $1,823,000. Palm Plaza
Associates will immediately deposit $54,590 into escrow and must provide evidence of project
financing and pay the balance by no later than January 19. 2012. A fair market interest rate of
1.3 percent applies to the balance due in 2012.
STAFF RECOMMENDATION Adopt the resolution.
BOARD / COMMISSION RECOMMENDATION Not applicable.
STRATEGIC GOAL 2a) Work with qualified developers on key development opportunities.
1
ATTACHMENTS
1. Background Report
4. Grant Deed
Resolution No.
•
2. Proposed Purchase and Sale Agreement
3. Proposed Escrow Instructions
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
WHEREAS, the Community Development Commission of the City of National
City ("CDC") owns 1.066 acres of land 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
WHEREAS, this analysis is attached as an exhibit to this Resolution as Exhibit
NOW, THEREFORE, BE IT RESOLVED that the Community Development
Commission of the City of National City hereby approves the Summary Report, attached hereto
as Exhibit "A", 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 19th day of January, 2010.
Ron Morrison, Chairman
ATTEST:
Brad Raulston, Secretary
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
ATTACHMENT 1
BACKGROUND REPORT
History
In October, 2005 the CDC acquired 1.066 acres at 1640 East Plaza Boulevard,
as discussed in the Summary Report for this project.
On December 2, 2005 The Acevedo Group entered into a Purchase Contract
with Pamali, Inc for two properties totaling 1.144 acres contiguous to the CDC
property at approximately 1300 Palm Avenue (often referred to as the Limon
property).
On January 10, 2006 the CDC and The Acevedo Group entered into an
Exclusive Negotiation Agreement ("ENA") to assess the feasibility of developing
a mixed use commercial and residential project on the sites.
On June 20, 2006 the CDC approved an Assignment and Assumption of the ENA
to Palm Plaza Associates, LLC, a partnership of The Acevedo Group and The
Mar Group. Said Amended ENA was subsequently amended to extend the time
of the ENA three additional times, most recently on November 18, 2008.
On December 28, 2006 the CDC's appraiser reported that the fair market value
of the developable portion of the CDC site was $1,823,000.
On May 1, 2007, the CDC approved a developer Concept Plan for the project,
which included 76 condominiums, associated parking and open space, and 5,800
square feet of retail space. This conceptual plan disclosed that Palm Plaza
Associates LLC was selling its Plaza Boulevard frontage to Thrifty Oil to develop
the commercial component and Palm Plaza would retain the portion of land to be
developed as multi -family residential.
Subsequently the condominium market evaporated during the mortgage credit
crisis of 2008 and 2009. Palm Plaza Associates continued to pursue a feasible
means of completing the project, either as a subsidized affordable housing
project or as a market rate apartment project. Staff directed Palm Plaza
Associates to pursue a market rate project, which staff believed was consistent
with CDC Board desires for the site.
Much of 2008 was devoted to Palm Plaza Associates correcting an erroneous
Federal Emergency Management Agency ("FEMA") map that indicated most of
the developer and CDC properties were located within an undevelopable Flood
Way. Having secured the necessary Letter of Map Revision ("LOMR") solely at
Palm Plaza Associate's expense on February 3, 2009, efforts to finalize the
redevelopment project plans could continue.
In order to ensure that the housing units within the project meet National City's
requirements for condominiums, to be sold later once the condominium market
recovers, Palm Plaza Associates reduced the number of housing units from 76 to
72 units. This project was considered by the City Council in advance of
consideration of this Purchase and Sale Agreement.
Purchase and Sale Agreement
The Purchase and Sale Agreement and the accompanying Escrow Instructions
call for Palm Plaza Associates to open escrow immediately with a deposit of
$54,690. Then, by or before January 19, 2012, Palm Plaza Associates shall
provide to the Executive Director satisfactory evidence of financing for the project
as approved by the City Council and pay the balance owned of $1,768,310 plus
interest at 1.3 percent from the date of approval. The Agreement includes a
clause by which Palm Plaza Associates may terminate the Agreement at any
time within the two years and have its deposit, plus any earned interest, returned.
If financing and payment of the balance owned have not occurred prior to
January 19, 2012 and Palm Plaza Associates does not terminate the Agreement,
they would be found in default of the Agreement. Under either a termination or
default, the CDC land would remain in the CDC's ownership. Costs of the
transaction, in the event of a termination or default, will be paid by Palm Plaza
Associates.
CDC costs of the Agreements:
The developer made a deposit of $25,000 upon entering into the original ENA.
Said funds have been used to pay for real estate appraisals, preparation of the
Summary Report required under California Redevelopment Law Section 33433,
for Public Notices, and for costs of outside counsel to prepare the CDC's
documents. The cost of these matters to date has been $17,591.28, but is
expected to exceed $25,000. Upon receipt of all final invoices, Palm Plaza
Associates will be invoiced for any eligible expenses in excess of the $25,000
original deposit.
PURCHASE AND SALE AGREEMENT
(1640 East Plaza Boulevard)
THIS PURCHASE AND SALE AGREEMENT (1640 East Plaza Boulevard)
("Agreement") dated as of the 3rd day of November, 2009, by and between the Community
Development Commission of the City of National City ("Seller"), and Palm Plaza Associates,
LLC, a California limited liability company ("Purchaser").
RECITALS
A. Seller currently owns an approximately 1.066 acre parcel located in the National
City Redevelopment Project area and generally located at 1640 East Plaza Boulevard in the City
of National City, County of San Diego ("Seller Property"), which is more particularly described
on the Seller Property Legal Description attached hereto as Exhibit A.
B. Purchaser currently owns a certain approximately 1.144 acre parcel located in the
National City Redevelopment Project area and generally located at 1300 Palm Avenue in the
City of National City, County of San Diego ("Purchaser Property"), which is more particularly
described on the Purchaser Property Legal Description attached hereto as Exhibit B.
C. The term Site means collectively, the Seller Property and the Purchaser Property.
In furtherance of the objectives of the California Community Redevelopment Law, Seller and
Purchaser desire: (i) for Seller to sell the Seller Property to Purchaser at fair market value, and
for Purchaser to purchase the Seller Property from Seller; and (ii) for Purchaser to redevelop the
Site by constructing 72 market rate dwelling units, together with certain off -site improvements
(thc "Project").
D. Provided, the various conditions to Closing set forth in this Agreement and the
Joint Escrow Instructions, the Seller agrees to sell the Seller Property to Purchaser for an amount
equal to its current fair market value of One Million Eight Hundred Twenty -Three Thousand and
No/100 Dollars ($1,823,000.00) (which is the fair market value of the Seller Property as
determined by that certain appraisal dated February 24, 2006, performed by Keagy Real Estate),
plus fair market interest during the period beginning on the Effective Date through Closing.
Which amount shall be payable by Purchaser to Seller in cash at Closing. Either Seller or
Purchaser may cancel or terminate this Agreement and the Escrow, upon written notice to the
other party and the Escrow Agent, as set forth in Section 12(r), below.
E. Seller's sale of the Seller Property to Purchaser and Purchaser's purchase of the
Seller Property and construction of the Project on the Site pursuant to the terms of this
Agreement, are in the vital and best interest of the City of National City and the health, safety,
morals and welfare of its residents, and in accord with the public purposes and provisions of
applicable state and local laws and requirements under which the redevelopment of the Project
has been undertaken.
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AGREEMENT
FOR GOOD AND VALUABLE CONSIDERATION, the receipt and adequacy of which
are acknowledged, Purchaser and Seller hereby agree as follows:
1. Effectiveness of Agreement and Purchase and Sale.
(a) Effectiveness of Agreement. This Agreement shall be effective and binding upon
all parties hereto concurrently with the last to occur of the following (the "Effective Date"): (i)
this Agreement has been duly executed by Purchaser and delivered by Purchaser to Seller; (ii)
this Agreement has been formally approved by resolution of the Seller's board; and (iii) this
Agreement has been duly executed by Seller and delivered by Seller to Purchaser. Under no
circumstances will this Agreement be effective before all of the preceding have occurred.
(b) Purchase and Sale of the Seller Property. In consideration of the mutual
covenants set forth in this Agreement, and on the terms and conditions set forth herein, Seller
agrees to sell the Seller Property to Purchaser, and Purchaser agrees to purchase the Seller
Property from Seller. Purchaser is purchasing the Seller Property "As -Is" and without warranty.
At Closing, Seller shall convey to Purchaser title to the Seller Property by recordation of the
Grant Deed. Seller shall cause Escrow Agent to issue to Purchaser and Purchaser shall receive
on the Closing Date the Title Policy, as defined below.
2. Definitions. As used in this Agreement, the following terms shall have the following
meanings:
"Closing" means the close of Escrow as provided herein, which shall in no event be later
than November 3, 2011. Notwithstanding anything to the contrary set forth herein or in the Joint
Escrow Instructions, this Agreement shall survive the Closing in its entirety.
"Closing Date" means the date on which the Closing occurs, which shall be one business
day after the date all of the Conditions Precedent for the Benefit of Seller and all of the
Conditions Precedent for the Benefit of Purchaser have been satisfied, which shall in no event be
later than November 3, 2011.
"Conditions Precedent for the Benefit of Purchaser" shall have the meaning set forth in
the Joint Escrow Instructions.
"Conditions Precedent for the Benefit of Seller" shall have the meaning set forth in the
Joint Escrow Instructions.
"Deposit" shall have the meaning set forth in Section 3(a) of this Agreement.
"Effective Date" shall have the meaning set forth in Section 1(a) of this Agreement.
"Escrow" means the escrow depository and disbursement services to be performed by
Escrow Agent pursuant to the provisions of this Agreement.
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"Escrow Agent" means Chicago Title Company, located at 2365 Northside Drive, Suite
500, San Diego, California 92108.
"Grant Deed" means a duly executed and acknowledged grant deed conveying fee simple
title to the Seller Property from Seller to Purchaser, in substantially the form attached hereto as
Exhibit C.
"Immediately Available Funds" means a bank wire transfer or a certified bank or
cashier's check.
"Joint Escrow Instructions" means the Joint Escrow Instructions being executed by Seller
and Purchaser concurrently with the execution of this Agreement and being delivered to Escrow
Agent concurrently with the delivery of this Agreement to Escrow Agent. Any capitalized terms
not defined in this Agreement shall have the meaning set forth in the Joint Escrow Instructions.
"Project" means the 72 market rate dwelling units, together with certain off -site
improvements, Purchaser intends to construct at the Site.
"Purchaser" means Palm Plaza Associates, LLC, a California limited liability company.
"Purchaser Property" means that certain approximately 1.144 acre parcel located in the
National City Redevelopment Project area and generally located at 1300 Palm Avenue in the
City of National City, County of San Diego, which is more particularly described on the
Purchaser Property Legal Description attached hereto as Exhibit A.
"Seller" means Community Development Commission of the City of National City.
"Seller Property" means that certain approximately 1.066 acre parcel located in the
National City Redevelopment Project area and generally located at 1640 East Plaza Boulevard in
the City of National City, County of San Diego, which is more particularly described on the
Seller Property Legal Description attached hereto as Exhibit B.
"Site" means collectively the Seller Property and the Purchaser Property.
"Title Policy" means a CLTA Standard Owner's policy issued by Escrow Agent insuring
Purchaser's fee simple title to the Seller Property.
"Transfer Tax" means any taxes imposed on transfers by deeds, instruments, writings or
any other document by which any lands, tenements or other interests in property located in the
City of National City or County of San Diego shall be sold, granted, assigned, transferred or
otherwise conveyed to or vested in purchasers, or any other person or persons.
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3. Purchase Price. The purchase price for the Seller property shall be One Million Eight
Hundred Twenty -Three Thousand and No/100 ($1,823,000.00), plus fair market interest (which
the parties agree to be 1.3%) during the period beginning on the Effective Date through Closing
("Purchase Price"). The Purchase Price shall be payable by Purchaser, as follows:
(a) Deposit. Purchaser shall make a deposit into Escrow of Immediately Available
Funds in the amount of Fifty -Four Thousand Six Hundred Ninety and No/100 ($54,690.00) (the
"Deposit") within two (2) business days of the deposit of this Agreement into Escrow.
(b) Delivery of Remainder of Purchase Price into Escrow. Not less than one (1)
business day prior to the Closing Date, Purchaser shall deliver to Escrow Agent Immediately
Available Funds in an amount equal to the remainder of the Purchase Price minus any interest
tamed on the Deposit and plus or minus any adjustments for prorations and expenses required
under the Joint Escrow Instructions.
4. Escrow Instructions, Incorporation and Cross -Default. The Joint Escrow Instructions are
hereby incorporated into this Agreement in their entirety. A default under the Joint Escrow
Instructions shall be a default under this Agreement.
5. Seller's Representations and Warranties. Seller hereby represents and warrants to
Purchaser, as provided in this Section 5 which representations and warranties are true, correct
and complete as of the date hereof and shall be and are true, correct and complete as of the
Closing Date. Seller's representations and warranties shall survive the Closing.
(a) Representations and Warranties Regarding Seller's Authority. Seller hereby
represents and warrants to Purchaser that this Agreement and all documents executed by Seller
which are to be delivered to Purchaser or the Escrow Agent at or prior to the Closing are, or on
the Closing Date will be, duly authorized, executed and delivered by Seller.
(b) Representations and Warranties Regarding Enforceability of Agreement. Seller
hereby represents and warrants to Purchaser that this Agreement and all documents required
hereby to be executed by Seller shall be valid, legally binding obligations of, and enforceable
against, Seller in accordance with their terms.
(c) Representations and Warranties Pertaining to Real Estate and Legal Matters.
Seller hereby represents and warrants to Purchaser that Seller has not received written notice
from any governmental authority advising Seller of the existence of any violation (or an alleged
violation) relative to the Seller Property of any applicable building codes, environmental, zoning,
subdivision, or land use laws. To Seller's knowledge, there are no pending or threatened legal or
administrative proceedings or actions of any kind or character of which Seller is a party or by
which the Seller Property is bound, which, if adversely determined, would have a material
adverse effect upon the Seller Property, Seller's ownership in the Seller Property, or Purchaser's
right to occupy or utilize the Seller Property.
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(d) Representations and Warranties Pertaining to Operating Contracts and Leases.
Seller hereby represents and warrants to Purchaser that no one has any option or right of first
refusal to purchase the Seller Property or any part thereof and there are not any leases, subleases,
occupancies or tenancies in effect with respect to any of the Seller Property.
(e) Knowledge of Seller. For purposes of this Section 5, Seller's "knowledge" shall
mean only the actual personal knowledge of Patricia Beard as of the Effective Date, and Seller's
"written notice" shall only mean notices sent to the attention of Patricia Beard. The foregoing
does not imply and shall not be deemed to require Seller's independent investigation. Without
limiting the generality of the foregoing, Purchaser shall be solely responsible for determining the
condition of the Seller Property and all aspects regarding the fees, charges and assessments
relating to the Seller Property.
(f) Representations, Covenants and Warranties Regarding Seller's Discovery of New
Information. Seller hereby represents and warrants to Purchaser that if Seller discovers any
information or facts prior to Closing that would change any of the foregoing representations and
warranties or cause any of them to be untrue or misleading in any respect, Seller shall give
Purchaser notice of those facts and information.
6. Purchaser's Representations and Warranties. Purchaser hereby represents and warrants
to Seller as provided in this Section 6, which representations and warranties are true, correct and
complete as of the date hereof and shall be true, correct and complete as of the Closing Date.
Purchaser's representations and warranties shall survive the Closing.
(a) Representations and Warranties Regarding Purchaser's Authority. Purchaser
hereby represents and warrants to Seller that this Agreement and all documents executed by
Purchaser which are to be delivered to Seller or the Escrow Agent at or prior to the Closing are,
or on the Closing Date will be, duly authorized, executed and delivered by Purchaser.
(b) Representations and Warranties Regarding Enforceability of Agreement.
Purchaser hereby represents and warrants to Seller that none of the execution and delivery of this
Agreement, nor the incurrence of the obligations herein set forth, nor the consummation of the
transactions herein contemplated, nor compliance with the terms of this Agreement will conflict
with or result in a breach of any of the terms, conditions or provisions of, or constitute a default
under, any judicial order, bond, note or other evidence of indebtedness or any contract,
indenture, mortgage, deed of trust, loan agreement, lease or other agreement or instrument to
which Purchaser is a party. This Agreement and all documents required hereby to be executed
by Purchaser shall be valid, legally binding obligations of, and enforceable against, Purchaser in
accordance with their terms.
(c) Representation and Warranty Regarding Independent Investigation. Purchaser
hereby represents and warrants to Seller that Purchaser has made (or will make prior to Closing)
all independent investigations Purchaser has deemed necessary with regard to the Seller Property
and Purchaser's intended use thereof.
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(d) Property to be Sold and Purchased "As -Is". Purchaser hereby represents and
warrants to Seller that Purchaser is purchasing the Seller Property on an "As -Is" basis without
relying on any conununications that may have been made by Seller, or any of Seller's agents or
employees, with respect to the Seller Property or Purchaser's intended use thereof. Without
limiting the generality of the foregoing, Purchaser shall be solely responsible for determining the
condition of the Seller Property and all aspects regarding the fees, charges and assessments
relating to the Seller Property.
(e) Representation and Warranty Regarding Hazardous Materials. Purchaser
represents, warrants, acknowledges and agrees that: (i) Purchaser has performed all of the due
diligence, inspections and testing, including without limitation geotechnical and environmental
testing, that Purchaser deems necessary with respect to the Seller Property; (ii) Purchaser agrees
to purchase the Seller Property "as -is" and on the terms and conditions set forth herein regardless
of the existence of any Hazardous Materials that may have existed, may exist now or may exist
in the future on, within, under, about or from the Seller Property, or in or adjacent to any part of
the Seller Property, or in the soil, groundwater or soil vapor on or under the Seller Property, or
elsewhere, if any; and (iii) Purchaser hereby irrevocably waives any and all rights Purchaser has
or may in the future have, at law or in equity (including without limitation under the Polanco
Redevelopment Act, Division 24, Part 1, Chapter 4, Article 12.5 of the California Health and
Safety Code, Sections 33459-33459.8, or any successor statute) against Seller, to receive
compensation, damages, cost reimbursements or other consideration of any kind whatsoever as a
result of Hazardous Materials that may have existed, may exist now or may exist in the future on,
within, under, about or from the Seller Property, or in or adjacent to any part of the Seller
Property, or in the soil, groundwater or soil vapor on or under the Seller Property, or elsewhere,
if any, under any law. Notwithstanding the foregoing, Purchaser does not waive any rights
Purchaser may have against third parties who may have contributed to, or, under any law, are
determined to be responsible for, the presence of Hazardous Materials which may exist now or
may exist in the future on, within, under, about or from the Seller Property, or in or adjacent to
any part of the Seller Property, or in the soil, groundwater or soil vapor on or under the Seller
Property, or elsewhere, if any.
(f) Representations, Covenants and Warranties Regarding Seller's Discovery of New
Information. Purchaser hereby represents and warrants to Seller that if Purchaser discovers any
information or facts prior to Closing that would change any of the foregoing representations and
warranties or cause any of them to be untrue or misleading in any respect, Purchaser shall give
Seller notice of those facts and information.
(g) Prevailing Wages. Purchaser hereby represents and warrants to Seller that
Purchase, if required by Federal and/or California law, Purchaser will cause, the general
contractor, and any and all subcontractors, to pay prevailing wages for all work done with
respect to the Project.
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7. Condemnation of the Seller Property.
(a) Condemnation. If between the Effective Date and the Closing Date, any
condemnation or eminent domain proceedings are commenced that will result in the taking of
any material part of the Seller Property, Purchaser may, at Purchaser's election, either:
(1) Terminate this Agreement by giving written notice to Seller and Escrow
Agent (in which event all remaining funds or other things deposited in Escrow by Purchaser shall
be returned to Purchaser immediately from Escrow together with any interest earned thereon and
Seller shall pay all Escrow charges); or
(2) Proceed with the Closing and have Seller assign to Purchaser all of
Seller's right, title and interest to any award made for the condemnation or eminent domain
action.
(b) Notice. If Seller obtains notice of the commencement of or the threatened
commencement of eminent domain or condemnation proceedings with respect to the Seller
Property, Seller shall notify the Purchaser in writing.
8. Broker's Commission. Seller and Purchaser each hereby represents and warrants to one
another that neither of them has engaged the services of any real estate agent or broker. Seller
and Purchaser each agree that, to the extent any real estate commission or brokerage and/or
finder's fee shall be earned or claimed in connection with this Agreement or the Closing, the
payment of such fee or commission, and the defense of any action in connection therewith, shall
be the sole and exclusive obligation of the party who requested the services of the broker and/or
finder. In the event that any claim, demand or cause of action or brokerage and/or finder's fee is
asserted against the party to this Agreement who did not request such services, the party through
whom the broker or finder is making the claim shall indemnify, defend (with an attorney of the
indemnitee's choice) and hold harmless the other from and against any and all such claims,
demands and causes of action and expenses related thereto, including (without limitation)
attorneys' fees and costs.
9. No Assignment by Purchaser. The qualifications and identity of Purchaser are of
particular concern to the Seller. It is because of those qualifications and identity that Seller has
entered into this Agreement and the Joint Escrow Instructions with Purchaser. Neither this
Agreement, nor the Joint Escrow Instructions, may be assigned by Purchaser to any person
without the advance written consent of the Seller, which may be granted or withheld by Seller in
its sole discretion. Notwithstanding anything to the contrary set forth herein, nothing in this
Agreement shall prohibit, limit, restrict or condition, Purchaser's right to refinance all or any
portion of the Purchaser Property, prior to the Closing Date. For the period commencing upon
Closing Date until the date Certificates of Occupancy are issued for all of the Project, no
voluntary or involuntary successor in interest of Purchaser shall acquire any rights or powers
under this Agreement or the Joint Escrow Instructions, nor shall Purchaser make any total or
partial sale, transfer, conveyance, assignment, subdivision, refinancing or lease of the whole or
any part of the Site or the Project without prior written approval of the Seller. Any proposed
total or partial sale, transfer, conveyance, assignment, subdivision, refinancing or lease of the
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whole or any part of the Site or the Project, during the period commencing upon Closing Date
until the date Certificates of Occupancy for all of the Project, will entitle Seller to its right of
reentry and revesting as set forth in Section 10 hereof. For the reasons cited above, Purchaser
represents and agrees for itself, each member of Purchaser and any successor in interest of
Purchaser that prior to issuance by the City of National City of Certificates of Occupancy for all
of the Project and without the prior written approval of Seller (which shall not unreasonably be
withheld conditioned or delayed), there shall be no change in the membership, management,
control, or ownership or in the relative proportions thereof, or with respect to the identity of the
parties in control of Purchaser or the degree thereof, by any method or means other than such
changes occasioned by the death or incapacity of any individual prior to issuance of Certificates
of Occupancy for all of the Project. Purchaser shall promptly notify Seller of any and all such
changes whatsoever. In such event, this Agreement may be terminated by Seller, entitling Seller
to its right of reentry and revesting as set forth in Section 10 hereof.
10. Reentry and Revesting of Title in Seller After Closing.
(a) Conditions to Reentry and Revesting. Seller has the right, at its election, to
reenter and take possession of the Site, with all improvements thereon, and terminate this
Agreement and vest the Site in the Seller if after the Closing and prior to the issuance of the
Certificates of Occupancy for all of the Project, any of the following occurs, without prior
written approval of Seller:
(I) Purchaser fails to commence construction of the Project within one (1)
year after Closing.
(2) Purchaser abandons or substantially suspends construction of the Project
required by this Agreement for a period of ninety (90) days after written notice thereof from
Seller.
(3) Purchaser alters the Project in a manner that varies materially from the
design of the same at the time of Closing, including without limitation alterations to the use of
the Site as a residential project, the number of dwelling units, number or size of parking spaces,
type of dwelling units, architecture, appearance, facades or landscaping and Purchaser fails to
correct the same within ninety (90) days after written notice thereof from Seller.
(4) Purchaser conveys or transfers or suffers any involuntary conveyance or
transfer of the Site prior to issuance by the City of National City of Certificates of Occupancy for
all of the Project.
(5)
with creditors.
Purchaser files for bankruptcy or enters into an insolvency arrangement
(6) Purchaser fails to obtain Certificates of Occupancy for all of the Project on
or before three (3) years from the date of commencement of construction of the Project.
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(7) There is a change (voluntary or involuntary) in the membership,
management, control, or ownership of Purchaser or in the relative proportions thereof, or with
respect to the identity of the parties in control of Purchaser or the degree thereof, by any method
or means, other than such changes occasioned by the death or incapacity of any individual prior
to issuance of Certificates of Occupancy for all of the Project, which was not approved in writing
by Seller prior to such event (which approval shall not unreasonably be withheld conditioned or
delayed).
(8) Purchaser fails to cause, the general contractor, and any and all
subcontractors, to pay prevailing wages for all work done with respect to the Project if required
by Federal and/or California law.
(b) Limitations on Right of Reentry. Seller's right to reenter, terminate and revest the
Site shall be subject to and be limited by and shall not defeat, render invalid or limit any
mortgage or deed of trust consented to by Seller in a writing recorded against the Site.
(c) Right of Reentry Referenced in Grant Deed. The Grant Deed shall contain
appropriate reference and provision to give effect to Sellers rights as set forth in this Section 10,
to reenter and take possession of the Site, with all improvements thereon, and to terminate and
revest in Seller the estate conveyed to Purchaser.
(d) Resale By Seller After Revesting. Upon the revesting in Seller of title to the Site
as provided in this Section 10, Seller shall, pursuant to its responsibilities under state law, use its
reasonable efforts to resell the Site as soon and in such manner as Seller shall find feasible and
consistent with the objectives of such law and of the Redevelopment Plan, as it exists or may be
amended, to a qualified and responsible party or parties (as determined by Seller in its sole and
absolute discretion) who will assume the obligation of making or completing the Project, or such
improvements in their stead as shall be satisfactory to Seller in its sole and absolute discretion
and in accordance with the uses specified for the Site or part thereof in the Redevelopment Plan.
Seller may resell the Site to such persons, for such amounts and on such terms and conditions as
determined by Seller in its sole and absolute discretion, provided that any sale of the Site for an
amount insufficient to pay-off all mortgages or deed of trust recorded against the Site which
were consented to by Seller in writing, shall be subject to the approval of the beneficiaries of
such deeds of trust.
(e) Application of Resale Proceeds. Upon such resale of the Site by Seller, the net
proceeds thereof after repayment of any mortgage or deed of trust encumbering the Site which is
permitted by this Agreement, shall be applied:
(1) First, to reimburse Seller, on its own behalf or on behalf of the City of
National City, all costs and expenses incurred by Seller or the City of National City, including,
but not limited to: (i) an amount equal to the greater of: (A) the Purchase Price (as such term is
defined in the Agreement) of the Property, plus interest at the rate set forth in the Agreement to
the date of resale of the Site by Seller; or (B) the then fair market value of the Property; (ii) any
expenditures by Seller or the City of National City in connection with the recapture, management
and resale of the Site or part thereof, including without limitation attorneys' and experts' fees;
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(iii) all taxes, assessments and water or sewer charges with respect to the Site or part thereof
which Purchaser has not paid (or, in the event that Site is exempt from taxation or assessment of
such charges during the period of ownership thereof by Seller, an amount, if paid, equal to such
taxes, assessments, or charges as would have been payable if the Site were not so exempt); (iv)
any payments made or necessary to be made to discharge any encumbrances or liens existing on
the Site or part thereof at the time of revesting of title thereto in Seller, or to discharge or prevent
from attaching or being made any subsequent encumbrances or liens due to obligations, defaults
or acts of Purchaser, its successors or transferees as determined by Seller in its sole and absolute
discretion.
(2) Second, if any, to Purchaser.
(f) Rights and Remedies are Cumulative. The rights established in this Section 10
are not intended to be exclusive of any other right, power or remedy, but each and every such
right, power, and remedy shall be cumulative and concurrent and shall be in addition to any other
right, power and remedy authorized herein or now or hereafter existing at law or in equity. The
rights are to be interpreted in light of the fact that Seller will have conveyed the Seller Property
to Purchaser for redevelopment purposes, particularly for development of the Project and not for
speculation.
(g) Inaction Not a Waiver of Default. Any failures or delays by Seller in asserting
any of its rights and remedies under this Section 10 shall not operate as a waiver of any default
by Purchaser or of any such rights or remedies, or deprive Seller of its right to institute and
maintain any actions or proceedings which it may deem necessary to protect, assert or enforce
any such rights or remedies shall govern the interpretation and enforcement of this Agreement.
11. Notices. All notices under this Agreement shall be in writing and sent by (a) certified or
registered mail, return receipt requested, in which case notice shall be deemed delivered seven
(7) business days after deposit, postage prepaid in the United States Mail, (b) by a nationally
recognized overnight courier such as Airborne Express, or Federal Express, in which case notice
shall be deemed delivered one (1) business day after deposit with that couricr, or (c) by personal
delivery, in which case notice shall be deemed delivered upon the actual date of delivery. All
notices shall be delivered to the following addresses:
If to Seller:
National City Seller
Attn. Patricia Beard
140 E. 12th Street, Suite B
National City, CA 91950
With copy to:
George Eiser, Esq.
City Attorney — City of National City
1243 National City Boulevard
National City, CA 91950
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If to Purchaser:
Palm Plaza Associates, LLC
c/o Mar Group
Attn. Juan Pablo Mariscal
915 Camino Del Mar, Suite 200
Del Mar, CA 92014
The addresses above may be changed by written notice to the other party; provided
however, that no notice of a change of address shall be effective until actual receipt of the notice.
12. General Provisions.
(a) Governing Law. This Agreement shall be interpreted and construed in
accordance with California law.
(b) Counterparts. This Agreement may be executed in two or more counterparts,
each of which shall be deemed an original, but all of which together shall constitute one and the
same instrument.
(c)• Captions. The captions in this Agreement are inserted for convenience of
reference and in no way define, describe or limit the scope or intent of this Agreement or any of
the provisions of this Agreement.
(d) Binding Effect. This Agreement shall be binding upon and inure to the benefit of
the parties and their respective legal representatives, successors, heirs and permitted assigns.
(e) Modifications; Waiver. No waiver, modification, amendment, discharge or
change of this Agreement shall be valid unless it is in writing and signed by the party against
which the enforcement of the modification, waiver, amendment, discharge or change is sought.
(t) Entire Agreement. This Agreement, along with the Joint Escrow Instructions and
Grant Deed, contain the entire agreement between the parties relating to Purchaser's acquisition
of the Seller Property from Seller and development of the Site and all prior or contemporaneous
agreements, understandings, representations or statements, oral or written, are superseded.
(g) Partial Invalidity. Any provision of this Agreement which is unenforceable,
invalid, or the inclusion of which would adversely affect the validity, legality, or enforcement of
this Agreement shall have no effect, but all the remaining provisions of this Agreement shall
remain in full effect.
(h) Survival; No Merger. This Agreement, including without limitation, all
representations, warranties, covenants, agreements, indemnities and other obligations of Seller
and Purchaser in this Agreement, shall survive the Closing of this transaction and will not be
merged into the Grant Deed or any other document.
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E:ICLIENTS\National City\Palm PlazaTurchase and Sale Agreement.Final.doc
(I) No Third -Party Rights. Nothing in this Agreement, express or implied, is
intended to confer upon any person, other than the parties to this Agreement and their respective
successors and assigns, any rights or remedies.
(j) Time Of Essence. Time is of the essence in this Agreement.
(k) Attorneys' Fees. The parties agree that the prevailing party in litigation for the
breach and/or interpretation and/or enforcement of the terms of this Agreement shall be entitled
to their expert witness fees, if any, as part of their costs of suit, and attorneys' fees as may be
awarded by the court, pursuant to California Code of Civil Procedure ("CCP") Section 1033.5
and any other applicable provisions of California law, including, without limitation, the
provisions of CCP Section 998. All claims, disputes, causes of action or controversies shall be
subject solely to the jurisdiction of the San Diego Superior Court.
(I) Relationship. Nothing contained in this Agreement shall be deemed or construed
by the parties or by any third person to create a relationship of principal and agent or partnership
or a joint venture between Purchaser and Seller or between either or both of them and any third
party.
(m)
Recording. This Agreement shall not be recorded.
(n) Seller Approval. Where this Agreement refers to an action or approval of the
Seller, it shall mean the approval of the Executive Director of the Seller, or designee, unless
otherwise provided.
(o) Specific Performance. If the purchase and sale of the Seller Property is not
consummated because of a default by either party, the non -defaulting party shall have all
remedies at law or in equity, including without limitation, specific performance of the other
party's obligations under this Agreement.
(p) Exhibits and Recitals Incorporated. All exhibits referred to in this Agreement are
hereby incorporated in this Agreement by this reference, regardless of whether or not the exhibits
are actually attached to this Agreement. The Recitals to this Agreement are hereby incorporated
in this Agreement by this reference.
(q) Capacity and Authority. All individuals signing this Agreement for a party which
is a corporation, limited liability company, partnership or other legal entity, or signing under a
power of attorney, or as a trustee, guardian, conservator, or in any other legal capacity, covenant
to the Purchaser that they have the necessary capacity and authority to act for, sign and bind the
respective entity or principal on whose behalf they are signing.
(r) Termination. Prior to the Closing, this Agreement may be cancelled and
terminated unilaterally by Seller or Purchaser upon written notice to the other party hereto and to
the Escrow Agent. Any cancellation and termination of this Agreement as set forth in this
Section 12(r), shall automatically cancel and terminate the Joint Escrow Instructions and the
Escrow. In the event of cancellation and termination of this Agreement (and by operation of law
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the Joint Escrow instructions and the Escrow) pursuant to this Section 12(r), then: (i) all rights
and liabilities of Seller and Purchaser with respect to this Agreement and/or the Joint Escrow
Instructions shall immediately terminate, except for rights and liabilities accruing prior to the
date of termination of this Agreement; (ii) the Deposit (including all interest accrued thereon)
shall be returned to Purchaser (provided Purchaser is not then in default under the terms of this
Agreement and/or the Joint Escrow Instructions); (iii) all funds or other things deposited in
Escrow by Purchaser shall be returned to Purchaser: and (iv) all funds or other things deposited
in Escrow by Seller shall be returned to Seller. Provided, however, all fees and costs charged by
the Escrow Agent shall be paid by Purchaser. Notwithstanding clause (i) of this Section 12(r), in
the event of cancellation and termination of this Agreement pursuant to this Section 12(r),
Purchaser and Seller shall cooperate with one another, execute all documents reasonably
necessary and take all reasonable steps as may be required by Escrow Agent in order to
accomplish the purposes of this Section 12(r).
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
above written.
SELLER:
Community Development Commission of the City of National City
By:
Print Name:
Its:
APPROVED AS TO FORM:
Walter F. Spath III
Special Counsel to Seller
PURCHASER:
Palm Plaza Associates, LLC, a California limited liability company
By:
Print Name:
Its:
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Exhibit A
Legal Description of the Seller Property
All that certain real property situated in the City of National City, County of San Diego, State of
Califomia, described as follows:
APN 557-410-26:
PARCEL 1 OF PARCEL MAP NO. 13257, IN THE CITY OF NATIONAL CITY, COUNTY
OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAN DIEGO COUNTY, MAY 8, 1984.
14
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Exhibit B
Legal Description of the Purchaser Property
All that certain real property situated in the City of National City, County of San Diego, State of
California, described as follows:
PARCEL A (APN 557-410-26):
ALL OF PARCEL 2 TOGETHER WITH ALL THAT PORTION OF PARCEL 3 OF PARCEL
MAP NO. 13257, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE
OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO
COUNTY, MAY 8, 1984, DESCRIBED AS FOLLOWS:
THE SOUTHERLY 70.48 FEET OF SAID PARCEL 3.
SAID PROPERTY BEING DESCRIBED AS PARCEL "B" OF THAT AMENDED AND
RESTATED CERTIFICATE OF COMPLIANCE RECORDED JUNE 11, 2007 AS
INSTRUMENT NO. 2007-0392909 OF OFFICIAL RECORDS.
PARCEL B:
AN EASEMENT FOR SEWER SERVICE PURPOSES OVER, UNDER, ALONG AND
ACROSS - THOSE PORTIONS OF PARCELS 1 AND 3 OP SAID PARCEL MAP NO. 13257,
DESIGNATED AS "SEWER SERVICE EASEMENT RESERVED HEREON" ON SAID
PARCEL MAP.
EXCEPTING THEREFROM THAT PORTION LYING WITHIN PARCEL A ABOVE
DESCRIBED.
PARCEL C:
A NON-EXCLUSIVE EASEMENT FOR VEHICULAR AND PEDESTRIAN INGRESS AND
EGRESS FOR RESIDENTIAL USE ONLY, OVER AND ACROSS THE STRIP OF LAND
35.00 FEET WIDE, HAVING A LENGTH OF 150.00 FEET MEASURED FROM PALM
AVENUE, LOCATED IMMEDIATELY NORTH OF THE SOUTHERLY 70.48 FEET OF
PARCEL 3 OF PARCEL MAP NO 13257.
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Exhibit C
Grant Deed
16
E.\CLIFNTS\National City\Palm Plaza'Purchase and Sale AgreemenLFinal.doc
ATTACHMENT 3
JOINT ESCROW INSTRUCTIONS
TO: Chicago Title Company
2365 Northside Drive, Suite 500
San Diego, CA 92108
Attn:
RE: Your Escrow No.
1. Opening of Escrow. The Community Development Commission of the City ofNational City
("Seller") has been advised that Palm Plaza Associates, LLC, a California limited liability company
("Purchaser") has opened the above -referenced escrow ("Escrow") with you ("Escrow Agent") for
the purpose of facilitating the purchase and sale of certain real property from Seller to Purchaser.
Therefore, Seller and Purchaser hereby authorize and instruct you as follows:
2. Deposit of Documents. Seller and Purchaser have enclosed herewith the following:
(a) Purchase and Sale Agreement (1640 East Plaza Boulevard) ("Agreement"); and
(b) Grant Deed conveying from Seller to Purchaser the "Seller Property," as defined in
the Agreement.
3. Escrow, Incorporation and Cross -Default. The Agreement is hereby incorporated into these
Joint Escrow Instructions in its entirety. A default under the Agreement shall be a default under
these Joint Escrow Instructions. Any capitalized terms not defined in these Joint Escrow
Instructions shall have the meaning set forth in the Agreement.
4. Purchase Price. The purchase price for the Seller Property shall be One Million Eight
Hundred Twenty -Three Thousand and No/100 ($1,823,000.00), plus fair market interest (which the
parties agree to be 1.3%) during the period beginning on the Effective Date through Closing
("Purchase Price"). The Purchase Price shall be payable by Purchaser, as follows:
(a) Deposit. Upon the opening of Escrow, Purchaser shall make a deposit into Escrow of
Immediately Available Funds in the amount of Fifty -Four Thousand Six Hundred Ninety and
No/100 ($54,690.00) (the "Deposit").
(b) Delivery of Remainder of Purchase Price into Escrow. Not less than one (1) business
day prior to the Closing Date, Purchaser shall deliver to Escrow Agent Immediately Available Funds
in an amount equal to the remainder of the Purchase Price minus any interest earned on the Deposit
and plus or minus any adjustments for prorations and expenses required under Section 8 of these
Joint Escrow Instructions.
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5. Conditions Precedent for the Benefit of Seller. Seller's obligation to Close shall be
conditioned upon the satisfaction or written waiver by Seller of all of the conditions precedent
("Conditions Precedent for the Benefit of Seller") set forth in this Section 5 at the times set forth
hereinbelow. Any of the Conditions Precedent for the Benefit of Seller may be waived by Seller
unilaterally; and if so waived, such conditions shall be of no further effect hereunder. Any such
waiver shall be effective only if the same is (i) expressly waived in writing signed by Seller or by
email from Seller, and (ii) delivered or emailed to Purchaser and Escrow Agent. if the Conditions
Precedent for the Benefit of Seller are not satisfied by the deadlines set forth in this Section 5 or
expressly waived, Seller (provided Seller is not in default hereunder) may unilaterally terminate the
Agreement and these Joint Escrow Instructions by mailing or emailing notice of conditional
termination to Escrow Agent (with a copy to Purchaser). After receipt of such notice of conditional
termination, the Purchaser shall have ten (10) business days to cure any non -satisfaction of a
condition or other default specified in the notice of conditional termination. If such matter remains
unsatisfied or the default remains uncured after the expiration of such ten (10) day period, then the
Agreement and these Joint Escrow Instructions shall terminate at the close of business on such tenth
(10`h) day. Any such termination of the Agreement and these Joint Escrow Instructions shall not
release Purchaser from liability under the Agreement or these Joint Escrow Instructions. Any
termination of the Agreement and these Joint Escrow Instructions as a result of a failure of one of
the Conditions Precedent for the Benefit of Seller set forth in this Section 5, then the Deposit shall
be returned to Purchaser.
(a) The making by Purchaser of the Deposit within two (2) business days of the deposit
of this Agreement into Escrow.
(b) The deposit by Purchaser into Escrow at least one (1) day prior to Closing (which
shall in no event be later than November 3, 2011) of Immediately Available Funds equal to the
amount set forth in Section 3(b), above.
(c) The deposit by Purchaser into Escrow of all other documents and instruments
reasonably required by Escrow or Purchaser's lender to complete the Closing, at least one (1) day
prior to Closing.
(d) As of the Closing Date, Purchaser has not made an assignment for the benefit of
creditors, filed a bankruptcy petition, been adjudicated insolvent or bankrupt, petitioned a court for
the appointment of any receiver of, or trustee for, Purchaser or any part of the Purchaser Property, or
commenced any proceeding relating to Purchaser under any reorganization, arrangement,
readjustment of debt, dissolution, or liquidation law or statute of any jurisdiction, whether now or
later in effect.
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E'CLIFNTS NATIONAL C1TY J ALM PLAZAIESCRO W INS IRUCTIONS.FINALDOC
(e) Purchaser shall have secured any and all land use and other entitlements, permits and
approvals which may be required for the Project by the City of National City or any other
governmental agency affected by such construction or work at least one (1) day prior to Closing.
Neither the Seller, nor the City of National City, shall be responsible in any way for, the processing
of Purchaser's building permits or other permit applications with the City of National City. The
execution of these Joint Escrow Instructions does not constitute the granting of or a commitment to
obtain any required land use permits, entitlements or approvals.
(f) Purchaser shall have obtained approval by the City of National City of any and all
maps necessary for construction of the Project at least one (1) day prior to Closing.
(g) Purchaser shall have paid any and all applicable fees imposed by the City ofNational
City or any other governmental agency having jurisdiction with respect to the same, prior to or
concurrently with Closing.
(h) Purchaser shall have pulled any and all grading and building permits which may be
required for the Project by the City of National City or any other governmental agency, prior to or
concurrently with Closing.
(i) Purchaser shall have closed on all financing sources to be used for financing the
construction of the Project, which shall be sufficient to complete construction of the Project, prior to
or concurrently with Closing. All of such financing, including all documentation of the same, shall
be subject to the review and approval of the Seller in its reasonable discretion.
(j) The construction contract for construction of the Project, acceptable to the Agency,
shall have been executed by the Purchaser and the general contractor who has been selected to do
the work, prior to or concurrently with Closing.
6. Conditions Precedent for the Benefit of Purchaser. Purchaser's obligation to Close shall be
conditioned upon the satisfaction or written waiver by Purchaser of all of the conditions precedent
("Conditions Precedent for the Benefit of Purchaser") set forth in this Section 6 at the times set forth
hereinbelow. Any of the Conditions Precedent for the Benefit of Purchaser may be waived by
Purchaser unilaterally; and if so waived, such conditions shall be of no further effect hereunder.
Any such waiver shall be effective only if the same is (i) expressly waived in writing signed by
Purchaser or by email from Purchaser, and (ii) delivered or emailed to Seller and Escrow Agent. If
the Conditions Precedent for the Benefit of Purchaser are not satisfied by the deadlines set forth in
this Section 6 or expressly waived, Purchaser (provided Purchaser is not in default hereunder) may
unilaterally terminate the Agreement and these Joint Escrow Instructions by mailing or emailing
notice of conditional termination to Escrow Agent (with a copy to Seller). After receipt of such
notice of conditional termination, the Seller shall have ten (10) business days to cure any non -
satisfaction of a condition or other default specified in the notice of conditional termination. If such
matter remains unsatisfied or the default remains uncured after the cxpiration of such ten (10) day
period, then the Agreement and these Joint Escrow Instructions shall terminate at the close of
business on such tenth (10th) day. Any such termination of the Agreement and these Joint Escrow
Instructions shall not release Seller from liability under the Agreement or these Joint Escrow
3
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Instructions. Any termination of the Agreement and these Joint Escrow Instructions as a result of a
failure of one of the Conditions Precedent for the Benefit of Purchaser, then the Deposit shall be
returned to Seller.
(a) The deposit by Seller into Escrow of a duly executed and acknowledged Grant Deed
conveying fee simple title to the Seller Property to Purchaser at least one (1) day prior to Closing.
(b) The deposit by Seller into Escrow of Seller's affidavit that Seller is not a foreign
person and is a "United States Person" as such term is defined in Section 7761(a)(30) of the Internal
Revenue Code of 1986, as amended, at least one (1) day prior to Closing. The affidavit shall be in
the form prescribed by federal regulations.
(c) The deposit by Seller into Escrow of a duly executed FTB Form 590 or other
evidence that withholding of any portions of the Purchase Price is not required by the Revenue and
Taxation Code of California, at least one (1) day prior to Closing.
(d) The deposit by Seller into Escrow of all additional documents and instruments as arc
reasonably required by Escrow or Purchaser's lender to complete the Closing, at least one (1) day
prior to Closing.
(e) As of the Closing Date, there exists no lease, tenancy or occupancy agreement
affecting the Seller Property.
(1) As of the Closing Date there is not pending, or threatened to be pending, any action
or proceeding by any person or before any government authority, the outcome of which could
prohibit the use of the Seller Property as intended by Purchaser.
(g) Escrow is prepared and obligated to issue in Purchaser's favor, upon the recordation
of the Grant Deed, a California Land Title Association owner's policy ("Title Policy") with
endorsements satisfactory to Purchaser in the amount of the Purchaser Price, insuring that title to the
Seller Property is vested in Purchaser subject and subordinate only to items 12-18 shown on that
certain Third Amended Preliminary Report dated as of September 2, 2009, issued by Chicago Title
Company.
4
Ei1CLIENTS\NATIONAL CITYV'ALM PI 47A\ESCROW INSTRUCTIONS.FINAL.DOC
7. Procedure for Closing. Once all of the Conditions Precedent for the Benefit of Seller and all
of the Conditions Precedent for the Benefit of Purchaser, Escrow shall close (the "Close" or
"Closing") the Escrow by performing the following acts:
(1) Recording the Grant Deed.
(2) Issuing the Title Policy.
(3) Prorating the taxes, costs and expenses as provided in these Joint Escrow
Instructions.
(4) Disbursing the following amount to Seller: the Purchase Price, less (i) any
prorated amounts and charges to be paid by or on behalf of Seller, and (ii) any costs and expenses to
be paid by Seller pursuant to these Joint Escrow Instructions or the Agreement.
(5) Preparing and delivering to both Seller and Purchaser one signed original
copy of the Escrow Agent's closing statements showing all receipts and disbursements of the
Escrow.
8. Prorations and Apportionments.
(a) Property Taxes. Prior to Closing, the Seller Property is exempt from taxes.
(b) Title Insurance and Related Costs. Purchaser shall pay the full cost of securing the
CLTA Standard Owner's policy, as set forth in the definition of Title Policy, above, and any related
costs including the costs of endorsements to title.
(c) Payment of Taxes. Purchaser shall pay all taxes, including, but not limited to, sales
taxes or transfer taxes imposed upon the conveyance of the Property to Purchaser.
(d) Escrow Fees. Any Escrow fees charged by the Escrow Agent for escrow services, in
excess of the cost of any policy of title insurance, shall be paid one-half (1/2) by Seller and one-half
(1/2) by Purchaser.
(e) Legal and Related Fees. Purchaser shall pay the legal fees and other fees incurred by
Purchaser, and Seller shall pay the legal fees and other fees incurred by Seller.
5
E:CLIENTSW ATIONAL CITY\'ALM PLAZAIFSCRO W INSTRUCTIONSFINAL.➢OC
9. Delivery of Instruments and Documents.
(a) To Seller. All instruments and documents that are to be delivered by Escrow Agent
to Seller shall be personally delivered or sent to Seller at:
National City CDC
Attn. Patricia Beard
140 E. 12th Street, Suite B
National City, CA 91950
(b) To Purchaser. All instruments and documents that are to be delivered by Escrow
Agent to Purchaser shall be personally delivered or sent to Purchaser at:
Palm Plaza Associates, LLC
c/o Mar Group
Attn. Juan Pablo Mariscal
915 Camino Del Mar, Suite 200
Del Mar, CA 92014
10. Amendment and Termination.
(a) Sole Instructions; Amendment. These Joint Escrow Instructions constitute the complete
and only escrow instructions of Seller and Purchaser and shall revoke and supersede any prior oral
or written instructions you may have received from Seller or Purchaser. Seller and Purchaser may
revoke, cancel, waive, amend, supplement or permit deviations from, any term or condition of these
Joint Escrow Instructions in writing or by email, provide that both Seller and Purchaser consent to
the same. Any purported oral revocation, cancellation, waiver, amendment, supplement or deviation
of these Joint Escrow Instructions, shall be ineffective and invalid.
(b) Termination. Notwithstanding Section 10(a), above, or anything to the contrary set
forth herein, at any time prior to the Closing, the Agreement may be cancelled and terminated
unilaterally by Seller or Purchaser upon written notice to the other party hereto and to the Escrow
Agent, as set forth in Section 12(r) of the Agreement, which shall automatically cancel and terminate
these Joint Escrow Instructions and the Escrow. In the event of cancellation and termination of the
Agreement (and by operation of law these Joint Escrow Instructions and the Escrow) pursuant to
Section 12(r) of the Agreement, then Escrow Agent shall: (i) return the Deposit (including all
interest accrued thereon) to Purchaser (provided Purchaser is not then in default under the terms of
the Agreement and/or these Joint Escrow Instructions); (ii) return to Purchaser all funds or other
things deposited in Escrow by Purchaser: and (iii) return to Seller all funds or other things deposited
in Escrow by Seller. Provided, however, all fees and costs charged by the Escrow Agent shall be
paid by Purchaser.
11. Time of the Essence. Time is of the essence with respect to each and every provision of
these Joint Escrow Instructions and in the performance, occurrence, fulfillment, or satisfaction of
each and every term and condition of the Escrow and these of these Joint Escrow Instructions.
6
EXL1ENTSNAT1ONAL CITY\PALM P1 O7AkESCRO W INSTRUCTIONS FINAL. DOC
12. Request for Acknowledgement of Acceptance. Upon receipt of these Joint Escrow
Instructions, please acknowledge your receipt and acceptance of the same and your agreement to
hold, dispose and/or record any funds, instruments, documents, or items that Seller or Purchaser
deposits with you in accordance with the terms and conditions of these Joint Escrow Instructions, by
signing the acknowledgment and acceptance set forth below and returning your original signature
page to the Seller with a copy to the Purchaser.
Accepted and Agreed to by Seller and Purchaser dated as of the 3rd day of November, 2009
SELLER:
Community Development Commission of the City of National City
By:
Print Name:
Its:
APPROVED AS TO FORM:
Walter F. Spath III
Special Counsel to Seller
PURCHASER:
Palm Plaza Associates, LLC, a California limited liability company
By:
Print Name:
Its:
7
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Acknowledgment and Acceptance by Escrow Holder
Chicago Title Company acknowledges receipt of the foregoing instructions. Chicago Title
Company agrees that any funds, instruments, documents, or other items deposited by Seller or
Purchaser shall be held and disposed of in accordance with the terms and conditions of the Joint
Escrow Instructions and such amendments or additional instructions as may be submitted by the
Seller and Purchaser.
DATED: November _, 2009 ESCROW
Chicago Title Company
By:
Print Name:
Its:
8
EACLIENTS\NATIONAL CJTY\PALM P1 L7AIESCROW INSPRUCTIONS.PMAL DOC
ATTACHMENT 4
RECORDING REQUESTED BY,
MAIL TAX STATEMENTS TO
AND WHEN RECORDED MAIL TO:
Palm Plaza Associates, LLC
c/o Mar Group
Attn. Juan Pablo Mariscal
915 Camino Del Mar, Suite 200
Del Mar, CA 92014
GRANT DEED
For valuable consideration, the receipt and sufficiency of which is hereby acknowledged,
the Community Development Commission of the City of National City ("Grantor"), acting to
carry out the Redevelopment Plan ("Redevelopment Plan") for the National City Redevelopment
Project, under the Community Redevelopment Law of California, hereby grants to Palm Plaza
Associates, LLC, a California limited liability company ("Grantee"), the real property
("Property") described in Exhibit A attached hereto and incorporated herein.
1. Conveyance Subject to Terms of the Agreement. The Property is conveyed in
accordance with and subject to the Redevelopment Plan which was approved and adopted by the
Grantor, and a Purchase and Sale Agreement and entered into between Grantor and Grantee
dated as of November 3, 2009 (the "Agreement"), a copy of which is on file with the Grantor at
its offices as a public record and which is incorporated herein by reference. The Agreement
generally requires the Grantee to construct 72 market rate dwelling units, together with certain
off -site improvements on the Property and on certain real property adjacent to the Property
which is owned by Grantee (such adjacent real property, collectively with the Property, shall be
referred to herein as the "Site"). All terms used herein shall have the same meaning as those
used in the Agreement.
2. Use Covenants. The Grantee covenants and agrees for itself, its successors and assigns,
and every successor in interest to the Site, that upon the date of this Grant Deed and until
issuance of Certificates of Occupancy for all of the Project, the Grantee shall devote the Site to
the uses specified in the Redevelopment Plan and the Agreement. All uses conducted on the
Site, including, without limitation, all activities undertaken by the Grantee pursuant to the
Agreement, shall conform to the Redevelopment Plan and all applicable provisions of the City of
National City Municipal Code.
3. No Transfers of Further Encumbrance. Until issuance of Certificates of Occupancy for
all of the Project:
(a) Grantee shall not make any sale, transfer, conveyance, subdivision, refinancing or
assignment of the Site or any part thereof or any interest therein, without the prior written
consent of the Grantor.
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(b) Grantee shall not place or suffer to be placed on the Site any lien or encumbrance
other than mortgages, deeds of trust, or any other form of conveyance required for financing of
the construction of the Improvements on the Site, and any other expenditures necessary and
appropriate to develop the Site pursuant to the Agreement, except as approved by Grantor in a
writing recorded against the Site.
(c) All of the terms, covenants and conditions of this Grant Deed shall be binding
upon the Grantee and the permitted successors and assigns of the Grantee, if any. Whenever the
term "Grantee" is used in this Grant Deed, such term shall include any other permitted
successors and assigns as herein provided.
4. Non -Discrimination. All documents of transfer shall contain clauses that shall state that
there will be no discrimination against or segregation of, any person or group of persons on
account of race, color, creed, religion, sex, sexual orientation, marital status, national origin,
ancestry, familial status, source of income or disability in the sale, lease, sublease, transfer, use,
occupancy, tenure or enjoyment of the Site, nor shall the Grantee or any transferee in interest or
any person claiming under or through Grantee, establish or permit any such practice or practices
of discrimination or segregation with reference to the selection, location, number, use or
occupancy of tenants, lessees, subtenants, sublessees or vendees in the Site.
5. Reentry and Revesting of Title in Grantor After Conveyance.
(a) Conditions to Reentry and Revesting. The Grantor has the right, at its election, to
reenter and take possession of the Site, with all improvements thereon, and terminate and revest
in the Grantor the estate conveyed to the Grantee if after the Closing and prior to the issuance of
the Certificates of Occupancy for all of the Project (as defined in the Agreement), any of the
following occurs:
(1) Grantee fails to commence construction of the Project within thirty (30)
days after Closing (as defined in the Agreement).
(2) Grantee abandons or substantially suspends construction of the Project for
a period of thirty (30) days after written notice thereof from Grantor.
(3) Grantee alters the Project in a manner that varies materially from the
design of the same at the time of Closing, including without limitation alterations to the use of
the Site as a residential project, the number of dwelling units, number or size of parking spaces,
type of dwelling units, architecture, appearance, facades or landscaping.
(4) Grantee conveys or transfers or suffers any involuntary conveyance or
transfer of the Site prior to issuance by the City of National City of Certificates of Occupancy for
all of the Project.
(5) Grantee files for bankruptcy or enters into an insolvency arrangement with
creditors.
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(6) Grantee fails to obtain Certificates of Occupancy for all of the Project on
or before two (2) years from the date of commencement of construction of the Project.
(7) There is a change (voluntary or involuntary) in the membership,
management, control, or ownership of Grantee or in the relative proportions thereof, or with
respect to the identity of the parties in control of Grantee or the degree thereof, by any method or
means, other than such changes occasioned by the death or incapacity of any individual prior to
issuance of Certificates of Occupancy for all of the Project.
(8) Grantee fails to cause, the general contractor, and any and all
subcontractors, to pay prevailing wages for all work done with respect to the Project if required
by Federal and/or California law.
(b) Limitations on Right of Reentry. Such right to re-enter, terminate and revert shall
be subject to and be limited by and shall not defeat, render invalid or limit:
(1) Any mortgage or deed of trust consented to by Grantor in a writing
recorded against the Site; or
(2) Any rights or interests provided in the Agreement for the protection of the
holders of such mortgages or deeds of trust, including, without limitation, a deed of trust
executed for the benefit of
(c) Reentry and Revesting Procedure. Upon the reverting in Grantor of title to the
Site as provided in this Section 5, Grantor shall, pursuant to its responsibilities under state law,
use its reasonable efforts to resell the Site as soon and in such manner as Grantor shall find
feasible and consistent with the objectives of such law and of the Redevelopment Plan, as it
exists or may be amended, to a qualified and responsible party or parties (as determined by
Grantor in its sole and absolute discretion) who will assume the obligation of making or
completing the Project, or such improvements in their stead as shall be satisfactory to Grantor in
its sole and absolute discretion and in accordance with the uses specified for the Site or part
thereof in the Redevelopment Plan. Grantor may resell the Site to such persons, for such
amounts and on such terms and conditions as determined by Grantor in its sole and absolute
discretion, provided that any sale of the Site for an amount insufficient to pay-off all mortgages
or deed of trust recorded against the Site which were consented to by Grantor in writing, shall be
subject to the approval of the beneficiaries of such deeds of trust.
(d) Application of Resale Proceeds. Upon such resale of the Site by Grantor, the net
proceeds thereof after repayment of any mortgage or deed of trust encumbering the Site which is
permitted by this Grant Deed, shall be applied:
(1) First, to reimburse Grantor, on its own behalf or on behalf of the City of
National City, all costs and expenses incurred by Grantor or the City of National City, including,
but not limited to: (i) an amount equal to the greater of: (A) the Purchase Price (as such term is
defined in the Agreement) of the Property, plus interest at the rate set forth in the Agreement to
the date of resale of the Site by Grantor; or (B) the then fair market value of the Property; (ii) any
3
E_\CLIENTSWational City\Palm Plaza\Grant Deed.Final.doc
expenditures by Grantor or the City of National City in connection with the recapture,
management and resale of the Site or part thereof, including without limitation attorneys' and
experts' fees; (iii) all taxes, assessments and water or sewer charges with respect to the Site or
part thereof which Grantee has not paid (or, in the event that Site is exempt from taxation or
assessment of such charges during the period of ownership thereof by Grantor, an amount, if
paid, equal to such taxes, assessments, or charges as would have been payable if the Site were
not so exempt); (iv) any payments made or necessary to be made to discharge any encumbrances
or liens existing on the Site or part thereof at the time of revesting of title thereto in Grantor, or
to discharge or prevent from attaching or being made any subsequent encumbrances or liens due
to obligations, defaults or acts of Grantee, its successors or transferees as determined by Grantor
in its sole and absolute discretion.
(2) Second, if any, to Grantee.
(e) Rights and Remedies are Cumulative. The rights established in this Section 5 are
not intended to be exclusive of any other right, power or remedy, but each and every such right,
power, and remedy shall be cumulative and concurrent and shall be in addition to any other right,
power and remedy authorized herein or now or hereafter existing at law or in equity. The rights
are to be interpreted in light of the fact that Grantor will have conveyed the Property to Grantee
for redevelopment purposes, particularly for development of the Project and not for speculation.
(f) Inaction Not a Waiver of Default. Any failures or delays by Grantor in asserting
any of its rights and remedies under this Section 5 shall not operate as a waiver of any default by
Grantee or of any such rights or remedies, or deprive Grantor of its right to institute and maintain
any actions or proceedings which it may deem necessary to protect, assert or enforce any such
rights or remedies shall govern the interpretation and enforcement of this Grant Deed.
6. Mortgagees Protection. No violation or breach of the covenants, conditions, restrictions,
provisions or limitations contained in this Grant Deed shall defeat or render invalid or in any
way impair the lien or charge of any mortgage or deed of trust or security interest consented to
by Grantor in a writing recorded against the Site; provided, however, that any subsequent owner
of the Site shall be bound by the covenants, conditions, restrictions, limitations and provisions
contained in this Grant Deed, whether such owner's title was acquired by foreclosure, deed in
lieu of foreclosure, trustee's sale or otherwise.
7. Covenants Run with the Land. All covenants contained in this Grant Deed are covenants
running with the land in favor of the Grantor for the entire period during which such covenants
shall be in force and effect, without regard to whether the Grantor is or remains an owner of any
land or interest therein to which such covenants relate. In the event of any breach of any such
covenants, Grantor shall have the right to exercise all the rights and remedies and to maintain
any actions at law or suits in equity or other proper proceedings to enforce Grantor's rights.
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E:ICLIENTS \National City\Palm Plaza\Gant Deed.Final.doc
8. Rights of the Parties. Both Grantor, its successors and assigns, and Grantee and the
successors and assigns of Grantee in and to all or any part of the fee title to the Site shall have
the right with the mutual consent of the Grantor to consent and agree to changes in, or to
eliminate in whole or in part, any of the covenants, easements or restrictions contained in this
Grant Deed without the consent of any tenant, lessee, easement holder, licensee, mortgagee,
trustee, beneficiary under a deed of trust or any other person or entity having any interest less
than a fee in the Site. The covenants contained in this Grant Deed, without regard to technical
classification, shall not benefit or be enforceable by any owner of any other real property within
or outside the Project Area, or any person or entity having any interest in any other such realty.
Any amendment to the Redevelopment Plan which proposes to change the uses or development
permitted on the Site, or otherwise proposes a change of any of the restrictions or controls that
apply to the Site, shall require the written consent of the Grantee or the successors and assigns of
Grantee in and to all or any part of the fee title to the Site, but any such amendment which
proposes a change affecting the Site shall not require the consent of any tenant, lessee, easement
holder, licensee, mortgagee (other than the first mortgagee), trustee, beneficiary under a deed of
trust or any other person or entity having any interest less than a fee in the Site.
9. Term. Notwithstanding anything contained herein to the contrary, all restrictions against
and obligations of Grantee set forth herein shall terminate with respect to Grantee and the Site
upon issuance of Certificates of Occupancy for all of the Project, provided the same are issued
on or before two (2) years from the date of commencement of construction of the Project. Time
is of the essence. Failure to obtain Certificates of Occupancy for all of the Project on or before
two (2) years from the date of commencement of construction of the Project, gives Grantor the
right to re-enter and vest the Site in Grantor as set forth in Section 5, above.
GRANTOR:
Community Development Commission of the City of National City
By:
Print Name:
Its:
Dated: , 20
5
E:\CLIENTS\National City\Palm Plaza Grant Deed.Finardoc
COMMUNITY DEVELOPMENT COMMISSION
AGENDA STATEMENT
National City, California
EETING DATE: January 19, 2010 AGENDA ITEM NO. 22
ITEM TITLE: Community Development Commission of the City of National City's Financial Statements and
Supplemental Information for the Fiscal Year Ended June 30, 2009
PREPARED BY: Jeanette Ladri
Finance Direc
EXPLANATION:
DEPARTMENT Finance
(619) 336-4331
Transmitted herewith is the Community Development Commission of the City of National City's Financial
Statements and Supplemental Information for the fiscal year ended June 30, 2009 prepared by our auditors,
Mayer Hoffman McCann, P.C.
The auditors have conducted their examination of the financial statements in accordance with generally ac-
cepted auditing standards and expressed a clean opinion of those statements. The audit was completed and
posted on the City's website on December 28, 2009.
Environmental Review NIA
Financial Statement
N/A
STAFF RECOMMENDATION
Accept and File.
BOARD/COMMISSION RECOMMENDATION
N/A
TACHMENTS (Listed Below)
Financial Statements and Supplemental Information for the fiscal year ended June 30, 2009
(A, copy of the Audit can be viewed at the City Clerk's Office or on the
City's website)
ITEM #23
1/19/10
GRANTS UPDATE
(HOUSING & GRANTS)
ITEM #24
1/19/10
POLICY AND PRACTICES REGARDING BUSINESSES
IMPACTED BY FIRE DAMAGE.
(DEVELOPMENT SERVICES/BUILDING)
ITEM #25
1 /19/10
CLARIFICATION OF SOLAR PERMIT FEES
(DEVELOPMENT SERVICES/BUILDING)
ITEM #26
1 /19/10
CLOSED SESSION REPORT
(CITY ATTORNEY)