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HomeMy WebLinkAbout2010 03-16 CC CDC AGENDA PKTAgenda Of A Regular Meeting - National City City Council / Community Development Commission of the City of National City Council Chambers Civic Center 1243 National City Boulevard National City, California Regular Meeting - Tuesday — March 16, 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. ROIL. 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 interpretation en espanol se proporciona durante sesiones del Consejo Municipal. Los audiofonos estan disponibles en el pasillo al principio de la junta. Council Requests That All Cell Phones And Pagers Be Turned Off During City Council Meetings COPIES OF THE CITY COUNCIL OR COMMUNJTY DEVELOPMENT COMMISSION MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.nationalcityca.qov CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 3/16/2010 - Page 2 PROCLAMATION 1. Proclaiming the week of March 7, 2010 as: "GIRL SCOUT WEEK" PRESENTATIONS 2. Employee of the Month of March 2010 - Victor Uribe, Park Supervisor 3. Recognizing Isabel S. Ochoa, Home Delivered Meals Coordinator for her 25 years of service. (Mayor and City Council) 4. Presentation/Proclamation — Fire Chief, Rod Juniel 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. 5. Approval of the minutes of the Regular City Council/Community Development Commission Meeting of February 2, 2010. (City Clerk) 6. Approval of a motion to waive reading of the text of the Ordinances considered at this meeting and provides that such Ordinances shall be introduced and/or adopted after a reading of the title only. (City Clerk) 7. Resolution of the City Council of the City of National City authorizing the Mayor to execute a Grant Agreement in the amount of $35,000 between the San Diego Association of Governments (SANDAG) and the City of National City for completion of the National City Bicycle Master Plan (matching funds in the amount of $15,000 provided by the City General Fund). Development Services/Engineering) CITY COUNCIUCOMMUNITY DEVELOPMENT COMMISSION AGENDA 3/16/2010 - Page 3 CONSENT CALENDAR (Cont.) 8. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with Alta Planning & Design, Inc. for a not to exceed amount of $50,000 to provide planning and design services for completion of the National City Bicycle Master Plan (funded by a TDA/TransNet Bicycle, Pedestrian and Neighborhood Safety Program grant and City General Fund) (Development Services/Engineering) 9. Resolution of the City Council of the City of National City authorizing funds in the amount of $18,490.00 for the additional costs associated with grant purchase of an upgraded Tritech Automatic Vehicle Locater (AVL) system for the Police from the Citizen's Option for Public Safety Program (COPS/SLESF) (Police) 10. Resolution of the City Council of the City of National City authorizing the acceptance of $38,656 from the FY09 Assistance to Firefighters Grant and authorizing existing matching funds in the National City Fire Department's budget in the amount of $9,664 to join the San Diego Sports Medicine and Family Health Center for Wellness Program Services. (Fire) 11. Resolution of the City Council of the City of National City authorizing the Mayor to execute the Agreement between the City of National City and San Diego Sports Medicine and Family Health Center for Wellness Program Services. (Fire) 12. Resolution of the City Council of the City of National City ratifying warrants totaling $44,876.10 to refund the business license administrative fees and business license renewal fees, $21.50 and $10.50 respectively, charged for the period of September 2008 to October 2009. The total cost to refund is $49,409.12 (General Fund). (Finance) 13. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with the Public Financial Management (PFM) Group to provide as needed independent investment and financial advisory services from March 16, 2010 through June 30, 2012 for an amount not to exceed $40,000. (Finance) **Companion Item #30** CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 3/16/2010 - Page 4 CONSENT CALENDAR (Cont.) 14. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with Honeywell Building Solutions for a budget - neutral, self -funded comprehensive energy retrofit program. The program's capital cost is $1,690,000 with an ongoing annual service agreement of $4,947 for savings measurement and verification. The project will be funded for a term of 15 years by $52,000 in utility incentives, $116,499 of guaranteed annual energy savings and $12,425 of verifiable annual avoided capital cost savings. (Public Works) **Companion Item #15** 15. Resolution of the City Council of the City of National City approving and authorizing the Mayor to execute the 15 year lease option and related financing agreements totaling $2,150,000 to provide financing for the Honeywell Building Solutions self -funded comprehensive energy retrofit program, specifically: Lease with Option Agreement totaling $2,150,000, the Acquisition Fund Agreement, Assignment of Lease/Acknowledgement of Lease, Arbitrage and Tax Certificate, and Certificate of Lessee; and, authorizing the Mayor to sign disbursement requests to transfer funds from the Acquisition Fund for payments as set forth in the Acquisition Fund Agreement. (Finance) **Companion Item #14** 16. WARRANT REGISTER #33 Warrant Register #33 for the period of 02/10/10 through 02/16/10 in the amount of $622,862.28. (Finance) 17. WARRANT REGISTER #34 Warrant Register #34 for the period of 02/17/10 through 02/23/10 in the amount of $2,484,256.27. (Finance) PUBLIC HEARINGS 18. Public Hearing — Fiscal Year 2010-2011 Action Plan allocation for the Community Development Block Grant (CDBG) Program and Home Investment Partnerships (HOME) Program that includes a reallocation of previous year CDBG activity funding. (Community Development) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 3/16/2010 - Page 5 PUBLIC HEARINGS (Cont.) 19. Public Hearing — To consider certification of a Final Environmental Impact Report (FEIR) and adoption of a Statement of Overriding Considerations (SOC) and a Mitigation Monitoring and Reporting Program (MMRP) prepared to access and mitigate project impacts of adoption of the Westside Specific Plan and related General Plan Amendments; and to adopt the Westside Specific Plan, General Plan Amendments, and to adopt the Westside Specific Plan, General Plan Amendments, and Zoning Designation Changes. (Applicant: City) (Case File 2007-34 GPA, ZC, SPA, EIR) (Development Services/Planning) **Companion Items #22, 23, 24** URGENCY ORDINANCE FOR ADOPTION 20. An Interim Ordinance of the City Council of the City of National City adopted pursuant to Government Code Section 65858 as an Urgency Measure to take effect immediately, enacting a Moratorium prohibiting the issuance of massage technician permits and prohibiting new massage establishments from locating within the City of National City. (City Attorney) ORDINANCE FOR ADOPTION 21. An Ordinance of the City Council of the City of National City amending Subsections T and V of Section 2.01.020 of the National City Municipal Code pertaining to the Powers and Duties of the City Manager. (City Attorney) NON CONSENT RESOLUTIONS 22. Resolution of the City Council of the City of National City to certify a Final Environmental Impact Report (FEIR) and adopt the Statement of Overriding Considerations (SOC) and the Mitigation Monitoring and Reporting Program (MMRP) prepared to assess and mitigate project impacts of adoption of the Westside Specific Plan and related General Plan Amendments. (Applicant: City) (Case File 2007-34 GPA, ZC, SPA, EIR) (Development Services/Planning) **Companion Items #19, 23, 24** CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 3/16/2010 - Page 6 NON CONSENT RESOLUTIONS (Cont.) 23. Resolution of the City Council of the City of National City to amend the General Plan to remove the General Plan Land Use Designation of light industrial residential from Westside Specific Plan area and to allow for small lot single family residential, mixed use commercial -residential, limited commercial, civic institutional, and open space reserve with the Westside area. (Applicant: City) (Case File 2007-34 GPA, ZC, SPA, EIR) (Development Services/Planning) **Companion Items #19, 22, 24** 24. Resolution of the City Council of the City of National City to adopt the Westside Specific Plan for an area east of 1-5, west of National City Boulevard, north of Mile of cars Way, and south of Plaza Blvd. (Applicant: City) (Case File 2007- 34 GPA, ZC, SPA, EIR) (Development Services/Planning) **Companion Items #19, 22, 23** NEW BUSINESS 25. Temporary Use Permit — Bayview Banner advertising "Condos from $125,000 (619) 336-0303" at the Bayview Tower building at 801 National City Boulevard from March 25 through December 31, 2010 with no waiver of fees. (Neighborhood Services Division) 26. Temporary Use Permit — Philippine Faire 2010 "Festival of Festivals Parade" at Kimball Park on May 29, 2010 from 6 a.m. to 8 p.m. This is a City co -sponsored event (Council Policy #804) and is eligible for a maximum fee reduction of $1,500.00. (Neighborhood Services Division) 27. Notice of Decision — Planning Commission approval of a Conditional Use Permit and Coastal Development Permit for a wireless communications facility at 700 Bay Marina Drive. (Applicant: Clearwire — Anne Ford) (Case File 2009-23 CUP, CDP) (Development Services/Planning) CITY COUNCIUCOMMUNITY DEVELOPMENT COMMISSION AGENDA 3/16/2010 - Page 7 COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 28. Authorize the reimbursement of Community Development Commission expenditures in the amount of $61,248.53 to the City of National City for the period of 02/10/10 through 02/16/10. (Finance) 29. Authorize the reimbursement of Community Development Commission expenditures in the amount of $129,887.28 to the City of National City for the period of 02/17/10 through 02/23/10. (Finance) 30. Resolution of the Community Development Commission of the City of National City authorizing the Chairman to execute an Agreement with the Public Financial Management (PFM) Group to provide as needed independent investment and financial advisory services from March 16, 2010 through June 30, 2012 for an amount not to exceed $40,000. (Finance) **Companion Item #13 STAFF REPORTS 31. Closed Session Report (City Attorney) MAYOR AND CITY COUNCIL ADJOURNMENT Adjourned Regular Meeting — General Plan Workshop — National City City Council/Community Development Commission — Tuesday, March 30, 2010 — 6:00 p.m. — Council Chambers, National City, California Regular City Council and Community Development Commission Meeting - Tuesday — April 6, 2010 - 6:00 p.m. - Council Chambers - National City, California ITEM #1 3/16 10 WHEREAS. Juliette:„Gordon'�I `USA Gn MIAarch.:12,; 9T2, atn`d WHEREPO, Girt.Scou h'as gals in San Diego fort9 years; u hlbiYiltfTliE3E.,VR"'^'�q_t:= .�;.J.t Mayor of the City of. Coupc!I by ViItue Qf..the authority •Ration* G yt. do.hereby pmclair r th ta1RL u�`CQ,ll Vffe urgQra.11 citizens rh the City of N8 to applaud the" girl Scd uts' .com. development of San Die and Im ITEM #2 MEMORANDUM + CALIFORNIA + TIO CITV � 1o o INCORPORATED 3/16/10 February 24, 2010 TO Chris Zapata, Cit anager FROM Stacey Stevens , man Resources Director SUBJECT EMPLOYEE THE MONTH PROGRAM The Employee of the Month Program communicates the City's appreciation for outstanding performance. In doing so, it recognizes employees who maintain high standards of personal conduct and make significant contributions to the workplace and community. The employee to be recognized in March 2010 is Victor Uribe, Park Supervisor By copy of this memo, the employee is invited to attend the Council meeting on Tuesday, March 16, 2010 to be recognized for his achievement and service. Attachment cc: Victor Uribe Joe Smith, Public Works Director Dionisia Trejo — Mayor/Council Office Josie Flores -Clark — Confidential Assistance Human Resources — Office File SS:Igr Performance Recognition Program (2) Human Resources Department 140 E. 12th Street, Suite A, National City, CA 91950-3312 619/336-4300 Fax 619/336-4303 www.nationalcityca.gov 4911+ +a KEC 4VE City of National City Performance Recognition Award Nomination Form FEB 04 2010 CITY OF NA F1ONAL CITY HUMAN RESOURCES DEPARTMENT (nominate Victor Uribe, Park Supervisor, Park Divison, Public Works for the Performance Recognition Award for the following reasons: Please state reason why your nominee should receive an award, (i.e., examples of service beyond requirements of position, exemplary service to the public, outstanding job performance, etc). Do not to exceed 150 total words. Please be as specific as possible when giving your examples. Victor was hired as a Park Caretaker in 1994 and has been promoted several times throughout his career with the City of National City. Previously he has held the positions of Senior Park Caretaker and Equipment Operator and is currently the Park Supervisor. Victor has proven himself as the "go to" guy in Public Works, Park Division by his willingness to assist anyone in the Public Works Department and other city departments. Victor cares about the staff he supervises, is a team player, respected and well -liked by the Park crews. On special events held at our city parks Victor works side by side with the community organizers making sure their events are successful. He successfully resolves any unforeseen situation which may occur. Victor is outstanding as a person and as a National City employee. We recommend him for employee of the month. FORWARD COMPLETED NOMINATION TO: Nominated by: t Signature: /r‘C National City Performance Recognition Program Human Resources Department Joe Smith, Director of Public Works Date: February 4, 2010 ITEM #3 3/16/10 MEMORANDUM DATE TO FROM February 23, 2010 Lavonne Watts, Executive Assistant IV (City Manager's Office) Josie Flores -Clark, Confidential Assistant (Mayor/Council Office) Lilia Munoz, HR Technician SUBJECT : ANNIVERSARY RECOGNITION The following City employee will be completing twenty-five years of service with the City of National City on March 4, 2010: NAME Isabel S. Ochoa POSITION Home Delivered Meals Coordinator HIRED March 4, 1985 As part of the Employee Recognition Program, the employee wishes to have the opportunity to receive a City Council Recognition at the Council Meeting of Tuesday, March 16, 2010. If this is acceptable, please make the necessary arrangements and send confirmation of the schedule to the employee, department and our office. The recognition letter, gift catalog and anniversary pin will be sent prior to the presentation. Thank you. xc: Isabel Ochoa, Home Delivered Meals Coordinator Brenda Hodges, Community Services Director H'.Recognition Program ITEM #4 3-16-10 PRESENTATION/PROCLAMATION - FIRE CHIEF, ROD JUNIEL �!•t.I 1 ITEM #5 3/16/10 APPROVAL OF THE MINUTES OF THE REGULAR CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION MEETING OF FEBRUARY 2, 2010 (CITY CLERK) ITEM #6 City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Dalla, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 To: Honorable Mayor and Council From: Michael R. Dalla, City Clerk Subject: Ordinance Introduction and Adoption 3/16/10 It is recommended that the City Council approve the following motion as part of the Consent Calendar: "That the City Council waive reading of the text of all Ordinances considered at this meeting and provide that such Ordinances shall be introduced and/or adopted after a reading of only the title." Recycled Paper CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 16, 2010 AGENDA ITEM NO. 7 EM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute a Grant Agreement in the amount of $35,000 between the San Diego Association of Governments (SANDAG) and the City of National City for completion of the National City Bicycle Master Plan (matching funds in the amount of $15,000 provided by the City General Fund) PREPARED BY: Stephen Manganiello, Traffic Engineer/2A PHONE: 619-336-4382 EXPLANATION: See attached. DEPARTMENT: Development Services/Eng. APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: 41ti-- Finance APPROVED: MIS 296-409-500-598-1012: $35,000 (TDA/TransNet BPNSP grant) 001-409-500-598-1012: $15,000 (City General Fund) ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: X STAFF RECOMMENDATION: Adopt the Resoluti t BOARD / COMM'(SS(Oltt RECOMNIEPtD�rriuN: N/A ATTACHMENTS: :xplanation L. resolution 3. Grant Agreement Explanation On May 19, 2009, per Resolution No. 2009-103, City Council authorized the filing of a TDA/TransNet Bicycle, Pedestrian and Neighborhood Safety Program (BPNSP) grant for completion of the National City Bicycle Master Plan. On June 29, 2009, the City was awarded a TDA/TransNet BPNSP grant in the amount of $35,000 for completion of the National City Bicycle Master Plan. Local matching funds in the amount of $15,000 are required for a total project cost of $50,000. Project funds will be used to hire a specialized consulting firm to assist staff in preparation of the Plan document, including public outreach and education. The National City Bicycle Master Plan will track concurrently with the City's General Plan Update to ensure consistency. Staff recommendation is for City Council to authorize the Mayor to execute the Grant Agreement with SANDAG for completion of the National City Bicycle Master Plan. RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A GRANT AGREEMENT IN THE AMOUNT OF $35,000 WITH THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) FOR COMPLETION OF THE NATIONAL CITY BICYCLE MASTER PLAN WHEREAS, on May 19, 2009, the City Council adopted Resolution No. 2009- 103, authorizing the filing of a TDA/TransNet Bicycle, Pedestrian, and Neighborhood Safety Program (NPNSP) grant for completion of the National City Bicycle Master Plan; and WHEREAS, the City was awarded a TDA/TransNet BPNSP grant on June 29, 2009, in the amount of $35,000, which will be used for consulting services to assist staff in preparation of the National City Bicycle Master Plan document, including public outreach and education. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Grant Agreement in the amount of $35,000 with the San Diego Association of Governments (SANDAG) for completion of the National City Bicycle Master Plan. Said Grant Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 16th day of March, 2010. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney TDA/TransNet BICYCLE, PEDESTRIAN, AND NEIGHBORHOOD SAFETY PROGRAM FISCAL YEAR 2010 GRANT AGREEMENT NUMBER 5001215 BETWEEN THE SAN DIEGO ASSOCIATION OF GOVERNMENTS AND CITY OF NATIONAL CITY REGARDING NATIONAL CITY BICYCLE MASTER PLAN THIS GRAN' AGREEMENT NUMBER 5001215 ("Agreement") is made this day of March, 2010, by and between the San Diego Association of Governments (hereinafter referred to as "SANDAG"), 401 B Street, Suite 800, San Diego, CA, and the City of National City, 1243 National City Boulevard, National City, CA (hereinafter referred to as "Grantee"). The following recitals are a substantive part of this Agreement: RECITALS A. to November 2004 the voters of San Diego County approved SANDAG Ordinance 04-01, which extended the lransNetY2-cent sales and use tax through 2048 (Extension Ordinance). B. The Extension Ordinance contains provisions to fund the Bicycle, Pedestrian. and Neighborhood Safety Program (BPNSP), which began being funded by the Extension Ordinance on April 1, 2008. C. The SANDAG Board of Directors also approved programming of approximately $3 million in Transportation Development Act, Article 3, Bicycle and Pedestrian Facilities and Programs (TDA Funds) on June 26, 2009, by Resolution Number 2009-30. D. In April 2009 SANDAG issued a request for proposals from local jurisdictions in San Diego County wishing to apply for a portion of the BPNSP Funding/TDA Funds for use on capital improvement and planning projects meeting certain criteria. E. Both BPNSP Funding and T DA funds were eligible funding sources for the BPNSP (BPNSP Funding). F. Grantee successfully applied for BPNSP Funding for the following project: Bicycle Master Plan (hereinafter referred to as the "Project"). The Scope of Work, Project Schedule, and Project Budget for the Project is attached as Attachment A. G. The pur pose of this Agreement is to establish the terms and conditions for SANDAG to provide Grandee with funding to implement the Project. 1 Grantee Name: City of National City Grant No: 5001215 Although SANDAG will be 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, arc hereby incorporated into this Agreement as though fully set forth herein. B. Agreement. This Grant Agreement, together with all Attachments hereto, which are hereby incorporated into this Agreement and contain additional terms and conditions that are binding upon the parties. C. Approval, Authorization, Concurrence, Waiver. A written statement (transmitted in typewritten hard copy or electronically) of a SANDAG official authorized to permit the Grantee to take or omit an action required by this 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 I in this Section 1.) D. 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, Scope of Work, and Project Schedule is attached hereto as Attachment A. BPNSP Funds and Funding. Funding from the TransNet Extension Ordinance for the Bicycle, Pedestrian, and Neighborhood Safety Program and Transportation Development Act Article 3 Funds. Grantee.. The local jurisdiction that is the recipient of BPNSP Funding 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. G. Maximum SANDAG Contribution. Grantee submitted an application and was evaluated based on its representation that it would abide by a budget for the Project, which has been finalized and attached to this Agreement as the Approved Project Budget (Attachment A). 2 2 Grantee Name: City of National City Grant No.: 5001215 Based on the Approved Project Budget, the maximum amount of BPNSP Funding SANDAG will pay to Grantee for amounts invoiced under this Agreement is $35,000. 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. Subgrantee. Any contractor or consultant, at any tier, paid directly or indirectly with funds flowing from this Agreement for the Project. J. Transportation Development Act Funds (TDA Funds). Article 3 Bicycle and Pedestrian Facilities Programs Funds. 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 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. 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. Project Schedule. Grantee agrees to complete the Project according to the Project Schedule attached hereto as Attachment A and in compliance with the Use -It -or - Lose -It Policy attached hereto as Attachment B. 5. Project Implementation and Oversight. Grantee agrees to comply with the Project Implementation and Oversight Requirements attached hereto as Attachment C. Additionally, if Grantee hires a consultant to carry out professional services, funded under this Agreement, Grantee shall: prepare an Independent Cost Estimate (ICE) prior to soliciting proposals; publicly advertise for competing proposals for the work; use cost as an evaluation factor in selecting the consultant; document a Record of Negotiation (RON) establishing that the amount paid by Grantee for the consultant services is fair and reasonable; and pass through the relevant obligations in this Agreement to the consultant. If Grantee hires a 3 3 Grantee Name: City of National City Grant No.: 5001215 contractor to carry out construction services funded under this Agreement. Grantee shall: prepare an 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 project parameters, project proximity to transit, and other criteria relevant to evaluating and ranking the Project based on SANDAG BPNSP guidelines. Any substantive deviation from Grantee's representations in the Project Justification during project implementation may require reevaluation or result in loss of funding. If Grantee knows or should know that substantive changes in the Project Justification have occurred or will occur, Grantee will immediately notify SANDAG. SANDAG will then determine whether the Project is still consistent with the overall objectives of the BPNSP and that the changes would riot have negatively affected the Project ranking during the grant application process. SANDAG reserves the right to have BPNSP Funding withheld or refunded due to substantive changes to the Project Justification. See Section 9, paragraph F of this Agreement regarding amendments to the Scope of Work. B. Significant Participation by a Subgrantee. Although 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. Grantee agrees to use a written document (such as a subagreement, lease, third -party contract, or other) including all appropriate clauses stating the entity's responsibilities under applicable laws, regulations, or policies. b. Flowdown. Grantee agrees to include in each document (subagreement, lease, third -party contract, or other) any necessary provisions requiring the 4 4 Grantee Name: City of National City Grant No.: 5001215 Project participant (third -party contractor, suhgrantee, 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. E. Changes in Project Performance. Grantee agrees to notify SANDAG immediately, in writing, of any change in local law, conditions (including its legal, financial, or technical capacity), or any other event that may adversely affect the Grantee's ability to perform the Project in accordance with the terms of the Agreement. Grantee also agrees to notify SANDAG immediately, in writing, of any current or prospective major dispute, breach, default, or litigation that may adversely affect SANDAG's interests in the Project; and agrees to inform SANDAG, also in writing, before naming SANDAG as a party to litigation for any reason, in any forum. At a minimum, 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. F. Standard of Care. Grantee expressly warrants that the work to be performed pursuant to this Agreement shall be performed in accordance with the applicable standard of care. Where approval by SANDAG, the Executive Director, or other representative of SANDAG is indicated in the Scope of Work, it is understood to be conceptual approval only and does not relieve 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. 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. Grantee agrees that its code of conduct or standards of conduct shall specify that its officers, employees, board members, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from any present or potential subgrantee, lessee, or third -party contractor at any tier or agent thereof. Such a conflict would arise when an employee, officer, council or board member, or agent, including any member of his or her immediate family, partner, or organization that employs, or intends to employ, any of the parties listed herein has a financial interest in the entity selected for award. Grantee may set 5 5 Grantee Name: City of National City Grant No.: 5001215 de minimis rules where the financial interest is not substantial. or the gift is an unsolicited item of nominal intrinsic value. Grantee agrees that its code of conduct or standards of conduct shall also prohibit its officers, employees, board members, or agents from using their respective positions in a manner that presents a real or apparent personal or organizational conflict of interest or personal gain. As permitted by state or local law or regulations, 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. 1. Personal Conflicts of Interest. Grantee agrees that its code of conduct or standards of conduct shall prohibit the Grantee's employees, officers, council or board members, or agents from participating in the selection, award, or administration of any third -party contract or subagreement supported by BPNSP Funding if a real or apparent conflict of interest would be involved. Such a conflict would arise when an employee, officer, board member, or agent, including any member of his or her immediate family, partner, or organization that employs, or intends to employ, any of the parties listed herein has a financial interest in the firm selected for award. 2. Organizational Conflicts of Interest. Grantee agrees that its code of conduct or standards of conduct shall include procedures for identifying and preventing real and apparent organizational conflicts of interest. An organizational conflict of interest exists when the nature of the work to be performed under a proposed third -party contract or subagreement may, without some restrictions on future activities, result in an unfair competitive advantage to the third -party contractor or subgrantee or irnpair its objectivity in performing the contract work. B. SANDAG Code of Conduct. SANDAG has established policies concerning potential conflicts of interest. These policies apply to Grantee. For all awards by SANDAG, any practices which might result in unlawful activity are prohibited, including but not limited to rebates. kickbacks, or other unlawful considerations. SANDAG staff is specifically prohibited from participating in the selection process when those staff have a close personal relationship, family relationship, or past (within the last 12 months), present, or potential business or employment relationship with a person or business entity seeking a contract. It is unlawful for any contract to be made by SANDAG if any individual board member or staff has a prohibited financial interest in the contract. Staff is also prohibited from soliciting or accepting gratuities trom 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. It Grantee has any reason to believe a conflict of interest exists with regard to the Agreement or the Project, it should notify the SANDAG Office of General Counsel immediately. C. Bonus or Commission. Grantee affirms that it has not paid, and agrees not to pay, any bonus or commission to obtain approval of its BPNSP Funding application for the Project. 6 6 Grantee Name: City of National City Grant No.: 5001215 D. False or Fraudulent Statements or Claims. Grantee acknowledges and agrees that by executing the Agreement for the Project, the Grantee certifies or affirms the truthfulness and accuracy of each statement it has made, it makes, or it may make in connection with the Project. Section 4. Approved Project Budget Except to the extent that SANDAG determines otherwise in writing, the Grantee agrees as follows: The Grantee and SANDAG have agreed to a Project budget that is designated the "Approved Project Budget." Grantee will incur obligations and make disbursements of Project funds only as authorized by the Approved Project Budget. An amendment to the Approved Project Budget requires the issuance of a formal amendment to the Agreement, except that re -allocation of funds among budget items or fiscal years that does not increase the total amount of the BPNSP Funding awarded for the Project may be made consistent with applicable laws, regulations, and policies. Prior SANDAG approval is required for transfers of funds between Approved Project Budget categories; approval will not be unreasonably withheld. Section 5. Payments A. Funding Commitment. Grantee agrees that SANDAG's maximum commitment for Project Costs will not exceed the Maximum SANDAG Contribution of $35,000. SANDAG's responsibility to make, or, for TDA-funded projects, to authorize the County of San Diego to make payments under this Agreement is limited to the amounts listed in the Approved Project Budget for the Project. Within thirty (30) days of notification to the Grantee that specific amounts are owed to SANDAG, whether for excess payments of BPNSP Funding, failure to comply with the Use -It -or -Lose -It Policy (Attachment B), disallowed costs, or funds recovered from third parties or elsewhere, the Grantee agrees to remit the owed amounts to SANDAG, including applicable interest, penalties, and administrative charges. B. Payment by SANDAG. On a quarterly basis, SANDAG shall pay, or, for TDA-funded projects, authorize the County of San Diego to pay, Grantee following receipt and approval of both 1) an invoice accompanied by documentation of expenses, including the matching funds portion, if applicable, incurred on the Project, and 2) a quarterly report describing progress toward completion on tasks outlined in the Scope of Work. Sample Invoice and Quarterly Report forms are attached hereto as Attachment D. Upon receiving a request for payment and adequate supporting information, SANDAG will make payment, or, for TDA- funded projects, authorize the County of San Diego to make payment, for eligible amounts to Grantee within thirty (30) days if Grantee has complied with the requirements of the Agreement, including quarterly reporting requirements, has satisfied SANDAG that the BPNSP Funding requested is needed for Project purposes in that requisition period, and is making adequate progress toward Project completion. After 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. For TDA-funded Projects, Grantee is advised that the County of San Diego makes payments on the 20th day of each month, or the following business day. SANDAG shall retain ten percent (10%) from the amounts invoiced until satisfactory completion of 7 7 Grantee Name: City of National City Grant No.: 5001215 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. Grantee agrees that Project costs eligible for BPNSP Funding must comply with all the following requirements. Except to the extent that SANDAG determines otherwise, in writing, to be eligible for reimbursement, Project costs must be: 1. Consistent with the Project Scope of Work, the Approved Project Budget, and other provisions of the Agreement, 2. Necessary in order to accomplish the Project, 3. Reasonable for the goods or services purchased, 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), 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, 8. Eligible for BPNSP Funding as part of the BPNSP, and 9. Expended allowable indirect costs, including overhead, only if the Grantee has an approved indirect cost allocation plan and prior written approval has been obtained from SANDAG. D. TDA Project Eligibility. The law specifies that the money should be allocated according to the regulations adopted by SANDAG as the regional transportation planning agency. It also identifies certain categories of eligible projects. These specific project types represent neither an exhaustive list, nor are they listed as priorities (Public Utilities Code Sections 99233.3 and 99234). They are summarized below for reference. • Construction, including related engineering expenses, of bicycle and pedestrian facilities. • Maintenance of bicycle trails provided they are closed to motorized traffic. • Projects serving the needs of commuting bicyclists, including but not limited to new paths serving major transportation corridors, secure bicycle parking at employment centers, park -and -ride lots, and transit centers where other funds are not available. 8 8 Grantee Name: City of National City Grant No.: 5001215 • A comprehensive bicycle and pedestrian facilities plan (no more than once every five [5) years), with an emphasis on bicycle projects intended to primarily accommodate non - recreational bicycle trips. • Up to 20 percent (20%) of the cost to re -stripe Class II bicycle lanes. • Up to 5 percent (5%) of the amount available to a city or the county may be expended in conjunction with other funds to support bicycle safety education programs, so long as the funds are not used to fully fund the salary of any one person, E. TransNet Project Eligibility. TransNet bicycle funds may be expended for all purposes necessary and convenient to the design, right-of-way acquisition, and construction of facilities intended for use by bicyclists, pedestrian, and neighborhood safety programs. These funds also may be used for prograrns that help to encourage the use of bicycles/pedestrians, such as secure parking facilities, bicycle/pedestrian promotion programs, and safety programs. Excluded Costs. In determining the amount of BPNSP Funding SANDAG will provide for the Project, SANDAG will exclude: Any Project cost incurred by the Grantee before the Effective Date of the Agreement or Amendment thereto, 2. Any cost that is not included in the latest Approved Project Budget, 3. Any cost tor 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, 4. Any cost ineligible for SANDAG participation as provided by applicable laws, regulations, or policies. Certain costs, at times associated with bicycle and pedestrian projects, are not eligible when the benefit provided is riot the exclusive use of bicyclists or pedestrians. These instances are listed below. 1. Curb and gutter are part of the roadway drainage system. As such, newly installed curb and gutter cannot be considered an improvement exclusively for the benefit of the sidewalk or bike lane and are not an eligible expense. 2. Driveway ramps installed across sidewalks are not for the benefit of pedestrians, and in fact, degrade the pedestrian environment. Claimants may not include the cost of driveway ramps in applications for sidewalk projects. However, the distance across the driveway may be included when computing the per -square -foot cost of the sidewalk. 3. Where roadway design standards require a roadway shoulder width at least as wide as would be required for a standard bike lane, the cost of the shoulder construction will riot be eligible. Appropriate bikeway signage is eligible. 9 9 Grantee Name: City of National City Grant No.: 5001215 Under some circumstances, it may be necessary to remove and replace curb and gutter, driveway ramps, drainage facilities, and other existing improvements in order to construct a bikeway or sidewalk. In such cases, the cost of this work is most likely eligible, but claimants should carefully document why this is so in the claim submittal. 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 payrnent under the Project and does not constitute a waiver of any violation by the Grantee of the terms of the Agreement for the Project. The Grantee acknowledges that SANDAG will not make a final determination about the allowability and eligibility of any cost until the final payment has been made on the Project or the results of an audit of the Project requested by SANDAG or its Independent Taxpayers' Oversight Committee (ITOC) has been completed, whichever occurs latest. If SANDAG determines that the Grantee is not entitled to receive any portion of the BPNSP funding requested or paid, SANDAG will notify the Grantee in writing, stating its reasons. 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. Section 6. Accounting Records In compliance with applicable laws, regulations, and policies, the Grantee agrees as follows: A. Project Accounts. Grantee agrees to establish and maintain for the Project either a separate set of accounts or separate accounts within the framework of an established accounting system that can be identified with the Project. Grantee also agrees to maintain all checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents related, in whole or in part, to the Project so that they may be clearly identified, readily accessible, and available to SANDAG upon request and, to the extent feasible, kept separate from documents not related to the Project. B. Documentation of Project Costs and Program Income. Except to the extent that SANDAG determines otherwise, in writing, the Grantee agrees to support all costs charged to the Project, including any approved services or property contributed by 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. Section 7. Reporting, Record Retention, and Access A. Types of Reports. Grantee agrees to submit to SANDAG all reports required by laws and regulations, policies, the Agreement, and any other reports SANDAG may specify. 10 10 Grantee Name: City of National City Grant No.: 5001215 B. Report Formats. Grantee agrees that all reports and other documents or information intended for public availability developed in the course of the Project and required to be submitted to SANDAG must be prepared and submitted in electronic and or typewritten hard copy formats as SANDAG may specify. SANDAG reserves the right to specify that records be submitted in particular formats. Record Retention. During the course of the Project and for three (3) years thereafter from the date of transmission of the final expenditure report, the Grantee agrees to maintain, intact and readily accessible, all data, documents, reports, records, contracts, and supporting materials relating to the Project as SANDAG may require. D. Access to Records of Grantees and Subgrantees. Grantee agrees to permit, and require its subgrantees to permit, SANDAG or its authorized representatives, upon request, to inspect 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. Grantee agrees that Project closeout does not alter the reporting and record retention requirements of this Agreement. F. Quarterly Reports. It shall be the responsibility of Grantee to advise SANDAG on a quarterly basis of the progress of its work, expenditures incurred, and information regarding whether the Project is projected to be completed within the limits of the Approved Project Budget and Project Schedule. The quarterly progress report shall be submitted in writing to SANDAG. Grantee shall document the progress and results of work performed under this Agreement to the satisfaction of SANDAG. This may include progress and final reports, plans, specifications, estimates, or other evidence of attainment of the Agreement objectives, which are requested by SANDAG or the ITOC. Grantee may be required to attend meetings of SANDAG staff and committees, including ITOC, to report on its progress and respond to questions. Section 8. Project Completion, Audit, Settlement, and Closeout A. Project Completion. Within ninety (90) calendar days following Project completion or termination by SANDAG, the Grantee agrees to submit a final certification of Project expenses and final reports, as applicable. B. Project Closeout. Project closeout occurs when SANDAG notifies the Grantee that SANDAG has closed the Project, and either forwards the final BPNSP Funding payment or acknowledges that the Grantee has remitted the proper refund. 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. 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. 11 11 Grantee Name: City of National City Grant No.: 5001215 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 BPNSP Funding provided for the Project in the event Grantee fails to utilize the Project for its intended purposes as stated in the grant application. Section 9. Timely Progress and Right of SANDAG to Terminate A. Grantee shall make diligent and timely progress toward completion of the Project within the timelines set forth in the Project Schedule (Attachment A). If timely progress is not achieved, SANDAG may review the status of the Project to determine it 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-lt Policy requirements. C. Upon written notice, the Grantee agrees that SANDAG may suspend or terminate all or any part of the BPNSP Funding to be provided for the Project if the Grantee has violated the terms of the Agreement, or if SANDAG determines that the purposes of the laws or policies authorizing the Project would not be adequately served by the continuation of BPNSP Funding for the Project. D. In general, termination of BPNSP Funding for the Project will not invalidate obligations properly incurred by the Grantee before the termination date to the extent those obligations cannot be canceled. If, however, SANDAG determines that the Grantee has willfully misused BPNSP Funding by failing to make adequate progress, or failing to comply with the terms of the Agreement, SANDAG reserves the right to require the Grantee to refund the entire amount of BPNSP Funding provided for the Project or any lesser amount as SANDAG may determine. E. Fxpiration 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). 12 12 Grantee Name: City of National City Grant No.: 5001215 The grant was awarded based on the application submitted by Grantee with the intention that the awarded funds would be used to implement the Project as described in the Scope of Work (Attachment A). Any substantive deviation from the Scope of Work must be approved by SANDAG if grant funds are to be used for such changes. If Grantee believes substantive changes need to be made to the Project, Grantee will immediately notify SANDAG. SANDAG will then determine whether the Project is still consistent with the overall objectives of the BPNSP and that the changes would not have negatively affected the Project ranking during the grant application process. SANDAG reserves the right to have BPNSP Funding withheld or refunded due to substantive Project changes. Section 10. Disputes and Venue 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 shalt 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: 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. 1 he 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) clays 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 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. 13 13 Grantee Name: City of National City Grant No.: 5001215 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: 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" naming SANDAG as an additional insured. 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. The policy must include an acceptable "Waiver of Right to Recover From Others Endorsement" naming SANDAG as an additional insured. 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. Other Requirements. Grantee shall furnish satisfactory proof by one (1) or more certificates (original copies) that it has the foregoing insurance. The insurance shall be provided by an acceptable insurance provider, as determined by SANDAG, which satisfies the following minimum requirements 1. An insurance carrier qualified to do business in California and maintaining an agent for service of process within the state. Such insurance carrier shall maintain a current 14 14 Grantee Name: City of National City Grant No.: 5001215 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. E. Certificates of Insurance. 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) clays 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. F. Grantee may satisfy the requirements of Section 13 by maintaining its lawful self -insured status during the period of performance of this Agreement. Section 14. Indemnification and Duty to Defend A. 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 if that remainder would continue to conform to the requirements of applicable laws or 15 15 Grantee Name: City of National City Grant No.: 5001215 regulations. This Agreement represents the entire understanding of SANDAG and Grantee as to those matters contained in it. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing, signed by SANDAG and the Grantee. Section 17. Notice Any notice or instrument required to he given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, registered or certified, postage prepaid, addressed to: San Diego Association of Governments 401 B Street, Suite 800 San Diego, CA 92101 Attn: Regional Bike and Pedestrian Program Manager Grantee: City of National City 1243 National City Boulevard National City, CA 91950 Attn: Stephen Manganiello and shall be effective upon receipt thereof. Section 18. Signatures The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date written above. SAN DIEGO ASSOCIATION CITY OF NATIONAL CITY OF GOVERNMENTS GARY L. GALLEGOS Executive Director APPROVFD AS TO SUFF ICIENCY OF FORM AND LEGALITY: RON MORRISON Mayor APPROVED AS TO SUFFICIENCY OF FORM AND LEGALITY: JULIA COLEMAN GEORGE H. EISER, III Associate Legal Counsel 16 CITY ATTORNEY 16 Grantee Name: City of National City Grant No.: 5001215 ATTACHMENT A APPROVED PROJECT BUDGET, SCOPE OF WORK, AND PROJECT SCHEDULE PLANNING PROJECT TDAITRANSNET BICYCLE, PEDESTRIAN, 0, NEIGHBORHOOD SAFETY PROGRAM BUDGET, SCOPE OF WORK. 8, SCHEDULE Jurisdiction: National City Prelett: National City Bkycle Master Plan Protect Location: ialy of tttlio; CIt! Project Descnpuon tlncluontp location and limns?: Update et It1e I;R,."S !Batt trltle Master Plan to a:MS! lne tegarremen5 [:t Seaon ?t'al 2 of me t:abtotnia Slter's arid adoptima. troprwe bicycle a; cuknror, and co :neCrnty >nht neigt'1,>attelgj+,rlbiniror6. anti provide eax+s5ence with the Regional Trares2orLa0ca1 Flan and San Dego Rear,1 yryce P150 Contract Number: 5001215 Clam Nambbr: 10011006 Ina inm to Ole tollo1lrom nOude all detailed Scope of ioa. ni1P0.!000o 113! 5rw tray have akea(tl'Sllbn hecl ht 21 T1ms titan nerd nib 50 ar er jed npan award of ,: nstttaru' CJ�'il .Y) Task ['000le Gr3rd AO-eernAf C:vty Otani Scleotrm i RFP) Ruch and Data fs nvlmn Esabct km alr-1 Reaxrur:er0a,orrs C adial Put!lrc. Warkthops Prepare bran Dourrwat Flcid Corr:sr-may `open -;arse• Prepare Final DeCUTent Planning Project Revenues Deliverabies 1513ni Aymeenlenl aril NTP RFP 8 Coisolmini Rcpasal0 N!A Surrenary El Recommendations Mee. ling NGi[:.alion 8 Surorrones !waft Document Meeting NG1 abcn 8 Slrtaranes Final Daarrorll Start Date Completion Date SAN DAG Funds Feb-10 tstr-13 4 Feb-10 Ravi 5 1031-10 .Jul-1G A1n- W Sep- 15 5 Jun-10 Aug-10 133y-10 Oct-10 5 orl-10 601-10 5 Nov-10 Feb- I t s Total S 3 a33 14.W C 3 503 8.=U? 2,r103 3,503 35,000 Source FY 2010 FY 2011 2012 Total TDA rtar 0 35 003 Total Sof s 3.5.000 17 17 Grantee Narne: City of National City Grant No.: 5001215 ATTACHMENT B USE -IT -OR -LOSE -IT POLICY 1. Project Milestone and Completion Deadlines 1.1. This policy applies to all Bicycle, Pedestrian, and Neighborhood Safety Program grant funds, whether from TransNet or another source. By signing a grant agreement for the Bicycle, Pedestrian, and Neighborhood Safety Program, grant recipients agree to the following project delivery objectives. 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 1.1.2 may be approved by the SANDAG Program Manager for the Bicycle, Pedestrian, and Neighborhood Safety Program. Extensions beyond twelve (12) 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. 18 18 Grantee Name: City of National City Grant No.: 5001215 2.1.2. For extension requests that will cause one (1) 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 SANDAL Program Manager at least six (6) weeks prior to the earliest project schedule milestone deadline for which an extension is being requested. 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 timeframe. 2.1.4. If the Program Manager denies an extension request under this Section 2, the project sponsor may appeal within ten (10) business days of receiving the Program Manager's response to the Regional Planning Committee. 2.1.5. Extension requests that are rejected by the Regional Planning Committee will result in termination of the grant agreement and obligation by the project sponsor to return to SANDAG any unexpended funds. Unexpended funds are funds for project costs not incurred prior to rejection of the extension request by the Regional Planning Committee. 3. Project and Extensions Beyond One (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 rnitigation 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. 19 19 Grantee Name: City of National City Grant No.: 5001215 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. 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. 20 20 Grantee Name: City of National City Grant No.: 5001215 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 it there are any changes to staff assigned. 2. Design Development Meetings: Grantee must provide SANDAG with advance notice (preferably within two [2]weeks) of all design development meetings and provide agendas and a meeting summary following the meeting. SANDAG staff may attend any meetings as appropriate. 3. Plan Review: Grantee must submit project design drawings and cost estimates (if available) to SANDAG for review and comment at thirty percent (30%), sixty percent (60%), ninety percent (90%), and one hundred 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. Performance Monitoring: SANDAG staff may measure performance of the constructed capital improvements against stated project objectives, and evaluate the overall BICYCLE, PEDESTRIAN AND NEIGHBORHOOD SAFETY Program. Grantee is expected to meet with SANDAG staff to identify relevant performance measures and data sources, and provide available data and feedback regarding the program as appropriate. PLANNING GRANTS 1. Contact Information. Grantee must provide SANDAG with contact information for the project manager. Grantee must provide SANDAG with updated contact information in a timely manner if there are any changes to staff assigned. 2. Stakeholder and Community Meetings. Grantee must provide SANDAG with advance notice (preferably within two [2] weeks) of all stakeholder and community meetings and provide agendas and a meeting summary following the meeting. SANDAG staff may attend any meetings as appropriate. 21 21 Grantee Name: City of National City Grant No.: 5001215 3. Request for Proposals and Consultant Selection. Grantee must submit consultant draft Request for Proposals to SANDAG staff for review and comment. Consultant proposals must also be submitted to SANDAG for review and comment prior to consultant selection. 4. Quarterly Reports. Grantee must submit quarterly reports to SANDAG, detailing accomplishments in the quarter, anticipated progress next quarter, pending issues and actions toward resolution, and status of budget and schedule. 22 22 Grantee Name: City of National City Grant No,: 5001215 ATTACHMENT D SAMPLE INVOICE AND QUARTERLY REPORT Invoice Part 1 of 3 TDArrRANSNET BICYCLE, PEDESTRIAN, 8 NEIGHBORHOOD SAFETY PROGRAM INVOICE. To: CHRISTINE EARY S NDAG aCi (3 Street, Suite HCO Lan Diego. CA 93151-4Z3t From NAME O 3.A 4➢ZATEON ACC RESS Project Name: ME OF GRANT C.ontrnct Ntnnbar: ###**### Claim Number. Grnnt Invoice Number: # Billing Perod: rROM Invoice Date'. DATE TG 1 Description of Task 2 !Description of Task 3 Description of Task Description of Task 5 6escription of Task Description of Task 7 Description otTask 5 Description of Task 5 Descripton of Task _ Description of Task Total ANT JLT STS IEXPENDrr R 5 $ ik((.t,Nt GAtrE 10SAL THIS, 5 5 5 5 5 D $ F 5 5 5 5 $ 5 5 5 Total Our ent Expenditures. Mrnc s 1 O% Retent+on S Total Amount Due this ln•vruae' 5 CERTIFICATION OF GRANTEE I hereby certify that lime anove costs weve incurred in perComlance of the work required under the grant and are crnsislent w attached supporting documents and e,xpend,tores. Signature Printed Name and Title he anaoants evidenced ty Date Grantee Name: City of National City Invoice Part 2 of 3 Grantee: Project: FY10 TDA/TransNet Bicycle, Pedestrian, & Neighborhood Safety Program Contract No. Grant No.: 5001215 invoice #1 Date of Invoice Dates of Work Complet �SANDAt, (Match Invoice #2 Date of li voice Dates of Work Completed SANUA(_; Match Invoice #3 Date of invoice invoice #a Oaten Invoice Dates of Work Completed Dates of Work Completed SANDAL IM atcn SANL)At Match Line I Subtotal SANDAG (March I ask 1 5 - s - $ - S - 5 - $ - $ - S - s " $ Task 2 5 - 5 - 'S "? - S - -$ - -5 - S - .S 5 - s - Task 3 �a - -►$ - S -..S - s - .$ - - 5 - S Task iti - $ - 1 -."s 5 - _S • �5 - $ - $ - S - Task c, "$ 4s$ '$ s S - $ Task b - - - cW - 55 - - - $ - - I ask r y • $ - - s - S - s - $ - 5 . $ . Task 2 �5 - $ -, - 'S - . - $ . 5 - Task9 - PI ? s s $ 6-S 5 $ •$ Task 10 S - 5� • 'S � - S - $ - - - -$ s - s - total 5 - - - $ - a - 3 - - b - - 5 - 5 - Invoice #5 YCTCe v,5 i nv(r ce #7 Line 1 Subtotal NDAC (Match Date of invoice Dates of Work Completed SANDAL Match Date oflnvoice Dates of Work. Completed SANDAL Match Date o Jnvorco Gates of vro`ork Completed SANDAG Matcn FYTD SANDAL Match iask 'I $ - s -$ S $ $ $ S $ s Task 2 5 - $ - ..$ - - �S - 5 - 'it - s - ,.. - S - Task 3 5 - ....$s s $ Task 4 •5 5 - $ - 5 - -s - s - ....$$ ••$ - Task 8 3 • '$ - lik s - s - $ - '$ - $ -5 - $ - s - Task 5 $ - $ -, - S - s -- -'s - $ • 5 - Task 7 -5 - - - - S - - 5 - Task 8 5 - $ -. - $ - S - S - S - s - s • s - Task . 5 - $ --- - 5 - '$ - 3 - s $ - 5 - s - Task 'I0 S - $ - $ - 5 - - - 5 - • - 'S - $ - 5 - Total $ - $ - $ • S - S - s - `5- 24 Grantee Name: City of National City Grant No.: 5001215 v4 Budgeted R.ernaminq 5ANL>A(G Match SANDAL Match Task 1 5 - $ - 5 - 5 Task 2 5 - 5 - 5 - 5 - Task 3 - 5 - 5 - Ta.sk 4 5 - $ - 5 - $ - Task 5 $ - $ - $ - 5 - Task 6 S - $ - $ - 5 - Task r $ - $ - $ - 5 - Task 8 S - $ - 5 - S - Task 9 S - $ - 5 - $ - Task 10 $ - $ - 5 - $ - Total S - $ - 5 - 5 - Grantee Name: City of National City Grant No.: 5001215 Invoice Part 3 of 3 and Quarterly Progress Report INVOICE AND PROGRESS REPORT Project Manager Name Agency Address Telephone Contract O. Invoice Date: Invoice t;: Invoice Period: (from) fio) Description of Activity for Invoke Period Task 1 1. Work Accomplished this Invoice Period Add desr,i,t on 2. Work Anticipated for Next Invoice Period Add descriptnn 3. Challenges or Problems Experienced and Actions Toward Resolution 4dd descriptor: Task 2 1. Work Accomplished this Invoice Period Add Heir; iot con 2. Work Anticipated for Next Invoice Period Add description 3. Challenges or Problems Experienced and Actions Toward Resolution Add descrict or Summary of Progress Task Task 1 Scheduled Start Date Scheduled Completion Date Completed This Invoice Period? (mark x) Start Next Invoice Period? (mark x) Complete Next Invoice Period? (mark x) Task 2 Task 3 26 26 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 16, 2010 AGENDA ITEM NO. 8 _ _ ;M TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute an agreement with Alta Planning + Design, Inc. for a not to exceed amount of $50,000 to provide Planning and Design services for completion of the National City Bicycle Master Plan (funded by a TDA/TransNet Bicycle, Pedestrian and Neighborhood Safety Program grant and City General Fund) PREPARED BY: Stephen Manganiello, Traffic Engineer /(,Z. DEPARTMENT: Development Services/Eng. PHONE: 619-336-4382 EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED BY: APPROVED: APPROVED: 296-409-500-598-1012: $35,000 (TDA/TransNet BPNSP grant) 001-409-500-598-1012: $15,000 (City General Fund) ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: X Finance MIS STAFF RECOMMENDATION: Adopt the Res lutio D/C M - BOAR S N/A • ATTACHMENTS: xplanation 2. Resolution 3. Agreement Explanation On May 19, 2009, per Resolution No. 2009-103, City Council authorized the filing of a TDA/TransNet Bicycle, Pedestrian and Neighborhood Safety Program (BPNSP) grant for completion of the National City Bicycle Master Plan. On June 29, 2009, the City was awarded a TDA/TransNet BPNSP grant in the amount of $35,000 for completion of the National City Bicycle Master Plan. Local matching funds in the amount of $15,000 are required for a total project cost of $50,000. As a separate item on tonight's agenda, staff is requesting City Council to authorize the Mayor to execute the grant agreement for said amount between the San Diego Association of Governments (SANDAG) and the City. Project funds will be used to hire a specialized consulting firm to assist staff in preparation of the Plan document, including public outreach and education. On November 16, 2009 City Engineering solicited proposals from qualified Planning and Design firms specializing in preparation of Bicycle and Pedestrian Master Plans. Three proposals were received by the submittal deadline of December 14, 2009. Staff from City Engineering, Planning and Redevelopment evaluated the submittals based on qualifications. Alta Planning + Design was determined to be the most qualified based on their approach, staff expertise and relevant project experience in the San Diego Region based on work performed on the following projects: • City of San Diego Bicycle Master Plan Update • San Diego Regional Bicycle Plan • Carlsbad Bikeway Master Plan • Lemon Grove Bikeways Master Plan Update • Bayshore Bikeway Plan • Chula Vista Pedestrian Master Plan The National City Bicycle Master Plan will track concurrently with the City's General Plan Update to ensure consistency. RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH ALTA PLANNING + DESIGN, INC., FOR THE NOT -TO -EXCEED AMOUNT OF $50,000 TO PROVIDE PLANNING AND DESIGN SERVICES FOR COMPLETION OF THE NATIONAL CITY BICYCLE MASTER PLAN WHEREAS, the City of National City desires to retain a consultant to provide planning and design services for completion of the National City Bicycle Master Plan; and WHEREAS, Alta Planning + Design, Inc., is a civil engineering firm that is well - experienced and skilled in providing the type of services desired by the City, and is willing to enter into an agreement to provide such services in the amount of $50,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an agreement in the amount of $50,000 with Alta Planning + Design, Inc., to provide planning and design services for completion of the National City Bicycle Master Plan. Said agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 16th day of March, 2010. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND ALTA PLANNING + DESIGN, INC. THIS AGREEMENT is entered into this 16'h day of March, 2010, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and ALTA PLANNING + DESIGN, INC., a Corporation (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide Planning and Design services for the National City Bicycle Master Plan Project. WHEREAS, the CITY has determined that the CONSULTANT is a Civil Engineering firm and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services_ NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY hereby agrees to engage the CONSULTANT and the CONSULTANT hereby agrees 10 perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services required hereunder will be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A". The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONSULTANT shall appear at meetings cited in Exhibit "A"to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 10% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Stephen Manganiello, Traffic Engineer hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Brett Hondorp thereby is designated as the Project Director for the CONSULTANT. 1 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The Total cost for all work described in Exhibit "A"shall not exceed the schedule given in Exhibit "A" (the Base amount) without prior written authorization from the City Engineer. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A"as determined by the CITY. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such rnaterials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. ACCEPTABILITY OF WORK. The City shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due. In the event the CONSULTANT and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the City or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the City shall each prepare a report which supports their position and file the same with the other party. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 6. LENGTH OF AGREEMENT. Completion dates or lime durations for specific portions of the Project are set forth in Exhibit "A". 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY and CONSULTANT thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONSULTANT's written work product for the CITY's purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14 2 City's Standard Agreement June 2D08 revision 2 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONSULTANT. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT's employees are employee of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or subCONSULTANTs, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its subCONSULTANT(s) shall require the subCONSULTANT(s) to adhere to the applicable terms of This Agreement. 9. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT's employees except as herein set forth, and the CONSULTANT expressly agrees not to represent that the CONSULTANT or the CONSULTANT's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONSULTANT, its agents, servants, and employees are as to the CITY wholly independent CONSULTANTs and that the CONSULTANT's obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT, and each of its subCONSULTANTs, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT's trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions 3 Crty's Standard Agreement -.lane 20011 revision 3 necessary to protect the CONSULTANT's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT's processional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. 4 City's Standard Agreement — June 2008 revision 4 The CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT's negligent performance of this Agreement. 16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 17. INSURANCE. The CONSULTANT, al its sole cost and expense, shall purchase and maintain, and shall require its subCONSULTANTs, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident_ Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). C. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT's employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONSULTANT has no employees subject to the California Workers' Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CITY. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and workers' compensation policies, shall name the CITY and its officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years 5 City's Standard Ayrcernerd —.lane 2008 revision 5 after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the dale of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A Vill according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. K. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees 10 the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, 10 settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. 6 City's Standard Agreement - June 2008 revision 6 B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY_ C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: To CONSULTANT: Maryam Babaki, P.E. City Engineer Engineering Department City of National City 1243 National City Boulevard National City, CA 91950-4301 Brett Hondorp Principal Alta Planning + Design, Inc. 3920 Conde St., Unit B San Diego, CA 92110 7 7 City's Standard Agreement - June 2008 revision Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request. demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests. conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. [1 If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONSULTANT. 23. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. 8 Gily's Standard Agreement - June 2008 revision 8 G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY ALTA PLANNING + DESIGN, INC. By: By: Ron Morrison, Mayor Brett Hondorp Principal APPROVED AS TO FORM: George H. Eiser, III City Attorney By: 9 City's Standard Agreement - June 2008 revision EXHIBIT "A" Scope of Work - 3/2/2010 Alta Planning+Design and KOA Corporation Project Meetings Throughout the planning process, Alta's project manager will be in regular contact with Ctn. staff to keep them apprised of the project effort and to seek their input at key decision points. This will include face-to-face monthly meetings, e-mails, telephone, fax, and written documents. Alta will produce detailed meeting summaries covering the discussion hems and will include a list of follow-up tasks and the responsible party for each task. At the completion of each major work task, Alta will produce a working paper with accompanying maps and graphics. These working papers will help ensure that participants involved with the planning process are "on the same page" and will serve as the basis of the final master plan elements. Alta will provide an FTP site for the sharing of large documents, and a project website to post maps, reports, and other items as appropriate. A.1 Kick -Off Meeting The Alta team will meet with the Cit's Project Manager and team to review city goals and strategies, refine the project scope and working objectives, review design concepts, local and regional bicycle connectivity issues, identify available data, establish connnunicauon channels with other departments and agencies, review and list required elements and standards, and approve the public outreach scope and schedule. Changes to the Scope of Work will be made (if necessan), after the Kick -Off Meeting and an amended Scope and Schedule will be published. Alta will develop a Data Needs Memo prior to this meeting and circulate it to City staff. A.2 Public Involvement Plan The Alta team will develop a detailed plan for public imvol•ement. The document will identify participants, dates, times, formats, and the purpose for each meeting. The document will be submitted to the Citv for review and quality control. A.3 Public Workshops The Alta team will prepare and facilitate two (2) public workshops. The first workshop will be held in May 2010 in conjunction with a General Plan Update workshop where the public will be able to review the results of the data collection efforts and provide input on gaps in the existing system and help identify other opportunities and constraints identified in \Working Papers. The second public workshop (Community `Open House') will be held near the end of the project to present the recommendations. Depending on anticipated turnout, up to four Alta team members will attend each public workshop. The Alta team will provide a written summary of each public workshop. This scope assumes that :Alta and the City will collaborate on meeting logistics and prepare specific elements. The Alta team will provide content and support for the preparation of a mailer/postcard for the workshops. "fhe City will provide a mailing list or otherwise identify contacts, and mail the postcard. 10 The Alta team \rnll provide content for display ads for the newspaper; the City will prepare the final display ad and distribute it through its normal press channels. The Alta team will provide information for and design fact sheets: the City will distribute the fact sheets. The Alta team will prepare the following meeting materials for use at the public workshops: meeting display hoards, maps, relevant handouts and PowerPoint presentations if necessary-, and sign -in sheets. The City- will secure the meeting locations and provide simple refreshments for the public. [Note: It is assumed that the city will want to fill the roles described above. However, the Alta team stands ready to add these items to our own scope and budget if desired by the City] A.4 Establish Project Website Alta will design a project web page that can either be hosted by Alia on a project -specific website, or be hosted on the City's website. The web page will provide the public and interested stakeholders updated project information and contact information. Alta has an in-house graphic and web page designers who will design materials and web text and launch the web page, with City review and approval. The web page will be strategically written and designed to catch the reader's attention and it will include project background material. an anticipated schedule, public participation information and contact information. A.5 Dispersed Outreach Effort Alta will attend up to four community meetings or school events to gain additional input from the public. Alta will work with City staff and the General Plan consultant to identify optimal meetings and event to attend for either interviewing or surveying members of the public. ■ Public Outreach Plan • Establish project website • Public meeting notices and agendas; presentation materials ■ _Attendance at up to two public workshops with materials and documentation • Attendance at up to four meetings/events to gain additional input B.1 Existing Document Collection The City will identify documents for review and provide the Alta team with a review copy if the document is not available electronically. Documents to be reviewed include (but are not limited to): • Downtown Specific Plan • Land Use -Zoning Code • City Design Guidelines • Public Works' Capital Irnprovetnent Program • City Genera Plan and Comprehensive Transportation Strategy • Parks and Recreation Master Plan 11 • Neighborhood and other subarea plans such as the Ati'estside Infill TOD, Redevelopment Plan, Cultural Arts & Education District, Marina Gateway, West side Specific Plan, I larbor Drive Trade Corridor, Plaza Boulevard Widening, and other plans and projects. B.2 Policy Review & Analysis _Alta will help develop and refine a creative vision and direction for bicycle planning by reviewing existing plans, goals, and objectives in the City_ These include bicycle policies developed in the local plan example and other sources. We will start with existing national and state goals and policies, including those within SAFETEA-LU and Bicycle Transportation Account (BTA) requirements_ For the sake of comparison, we will utilize our library of plans from around the country and provide a summary of goals and policies from comparable communities to the city plus trend -setting areas (in the fields of bicycle planning) such as Seattle, Portland, State of Florida, State of Oregon, Sacramento, Phoenix, Boulder, Madison, and other communities. Alta's Dutch partners (Balancia) will also provide the best international practices available today. The summary will include policies from national organizations such as the National Recreation & Park Association, American Planning Association, Rails -to -Trails Conservancy, Association of Bicycle & Pedestrian Professionals, and the institute of Transportation Engineers. Based on this information, Alta will make recommendations that may address the Citv's design standards, standard street cross -sections, ordinances, Municipal Code, Genera] Plan, Contest Sensitive Design and Complete Streets policies, and pending and approved development plans and specific plans. B.3 Develop Project Vision, Goals, Objectives The Alta team will work with City staff to develop the project vision, goals, and objectives. A vision statement outlines what the City wants to be. It concentrates on the future and is a source of inspiration. The goals express a desired end -state for the city. The goals will be developed using existing General Plan goals as a starting point, and conforming to the agency's format and style. They will be supplemented by bicycle goals from a 'best practices' review of bicycle plans developed for comparable cities nationally and internationally_ Objectives are more specific statements under each goal that define how policies will be achieved. The benchmarking and performance measurement systems will allow the City to measure their progress towards meeting the objectives and goals established in this task. B.4 Existing Conditions / Opportunities & Constraints To ensure the project can be completed efficiently, Alta will conduct a targeted field inventory of proposed bikeways and potential linkages. We understand a key product of the background data collection is to identify bicycle deficiencies based upon existing and planned roadway conditions, including assessing lane configurations as they relate to roadway type. Reviewing City roadway standards and future roadway plans, combined with fieldwork, will be an extensive component of this phase of the planning effort. The Alta team will review and update/create as needed a comprehensive base map of existing and proposed bikeways for field inventor. The inventory will be catalogued graphically on a study area map and contain the following possible types of information for the existing bikeway system and connecting segments in adjacent communities: a- Location and description of existing bicycle support facilities b_ Facility description notes (length, condition, etc.) c. Classification (1,11, or 11I) d. Support facilities such as bicycle racks and lockers at major destinations e. Substandard sections, gaps, and bottlenecks based on community input 12 f. Major alternative transportation modes connection points g. Number and type of vehicle lanes (al key locations) h. Presence of railroad tracks, grates, and other visual or physical hazards (at key locations) i. Level of bicycling activity j. Presence of schools, parks, and other trip generators/attractors In addition, we will identify areas that need re -striping manrtenance and include this on the checklist spreadsheet to be given to the City at the conclusion of the project. Primary data collection efforts will include a reviews of bicycle facilities with the highest levels of activity, includntg: • Park & Ride Facilities • Transit Facilities • Local Public and Private Schools • Local Parks • Community Centers and Libraries • Shopping Centers • Existing Bikeway and Trail Segments B.5 Network Analysis Alta will review the existing bicycle facility network and conduct a field review of these facilities, including touring selected existing routes by bicycle and/or foot as necessary. We will work with the City_ staff to develop a list of corridors and locations that merit greater attention for nnplementation. Field investigations will be documented using field notes, taking field measurements with GIS/GPS devices, and using digital photography. We will determine the adequacy of existing facilities based on criteria such as: • Safety • Connectivity • Completeness of network • Ability to serve employment, recreational and transit destinations • Barriers and constraints, and • Ability to serve the needs of different types of bicyclists_ After classifying the adequacy' of the existing facilities, the Alta team will identify and characterize the existing bicycle system gaps. Bicycle gaps exist in various forms, ranging from short "missing links" on a specific street or path corridors, to larger geographic areas with few or no bicycle facilities. Gaps can then be organized based on length and other characteristics such as location or facility type. The Alta team proposes to classify bikeway, gaps into five main categories, described below: • Spot gaps: Spot gaps refer to point -specific locations lacking dedicated bicycle facilities or other treatments to accommodate safe and comfortable bicycle travel. Spot gaps primarily include intersections and other vehicle/bin r de conflict areas posing challenges for riders. Examples include bike lanes on a major street "dropping" to make way for right turn lanes at intersection, or a lack of intersection crossing treatments for bicyclists on a bikeway as they cross a major street. • Connection gaps: Connection gaps are missing segments (FM mile long or less) on a clearly - defined and otherwise well-connected bikeway. Major barriers standing between bicycle destinations and clearly defined routes also represent connection gaps. Examples include bike 13 lanes on a major street "dropping" for several blocks to make way for on -street parking; a discontinuous off-street path; or a freeway standing between a major bikeway and a school. • Lineal gaps: Similar to connection gaps, lineal gaps are 1/4 mile to one -mile long missing link segments on a clearly defined and otherwise well-connected bikeway. • Corridor gaps: On dearly -defined and otherwise swell -connected bikeways, corridor gaps are missing links longer than one mile. These gaps will sometimes encompass an entire street corridor where bicycle facilities are desired but do not currently exist. • System gaps: Larger geographic areas (e.g., a neighborhood or business district) where few or no bikeways exist are identified as system gaps. System gaps exist in areas where a minimum of two intersecting bikeways would be required to achieve the target network density_ Gaps typically exist where physical or other constraints impede bicycle network development. Typical constraints include narrow bridges on existing roadways, severe cross -slopes, and potential environmental damage associated with wider pavement widths. Traffic mobility standards, economic development strategies, and other policy decisions may also lead to gaps in the bicycle network. For instance, a community's strong desire for on -street parking or increased vehicle capacity may hinder efforts to install continuous bike lanes along a major street. The figure above presents a theoretical diagram illustrating the five gap types. B.6 Collision and Safety Analysis Concern about safety is the most common reason given for not riding a bicycle (or riding more often), according to national and local surveys. Many bicyclists complain that motorists do not see or are openly hostile on roadways. National bicycle accident research conducted by our staff has shown a similar pattern: the most commonly reported crashes are broadsides that occur at busy arterial intersections in the late afternoon. Coincidentally, many of these bicyclists involved in accidents are younger people who are often improperly trained. Both of these issues point to the need for increased education —for bicyclists and motorists alike. Alta will measure bicycle safety in two ways: (1) reviewing existing bicycle education programs offered in the city and comparing these with other programs throughout the county, state and country, and (2) conduct field research of site specific hazards identified by staff and the public or through our field research, such as potholes, grates, railroad tracks, narrow streets, multiple driveways, limited line of sight and poor lighting. We propose to use both approaches. We will also talk with representatives from the police department, public works agency, and active bicyclists to understand some of the existing specific liability concerns, enforcement issues, and safety hazards in the city. Alta will perform a detailed analysis of the City's collision data or use Statewide Integrated Traffic Records System (SW1TRS) data to identify and map individual streets and intersections experiencing high numbers of crashes involving bicycles for the past three (3) years of available collision data. We will evaluate individual street characteristics such as posted speed and number of lanes to identify the relationship between collisions and roadway conditions. Alta will recommend strategies relevant to conditions in the City to mitigate future collisions. B.7 Needs and Demand Analysis We propose to complete a user needs and demand analysis of bicyclists in the City to ensure that the proposed system meets the needs of cyclists of all ages and abilities, plus a physical needs analysis of existing opportunities and constraints. We will also develop specific projections on existing and future 14 bicycle commuter volumes for use in air quality- and Federal funding applications, based on our National Bicycle & Pedestrian Documentation Project Bicycle Demand Model methodology that has been accepted nationally. We will supplement this effort with field observations and also review count data conducted in the area and use this information in our projections, and make recommendations for future count methods or Iocations. Working Paper #1: Existing Conditions / Opportunities & Constraints Based on these tasks and data provided by the City, Alta will prepare GIS base maps showing the city's existing bikeway network. The maps will be developed at an appropriate scale to corrununicate existing conditions and for incorporation into the existing conditions report. The existing base maps will include all information necessary to satisfy Caltrans BTA requirements, including existing land uses, major generators and atuactors (schools, park and recreational sites, civic buildutgs, key employment centers, and transit stops), bicycle parking facilities, and bicycle changing facilities. Using available GIS, bikeways in adjacent jurisdictions will be displayed to show how the cit''s bikeway network provides connectivity and continuity to nearby conarnunities. Alta will develop the following series of maps based on available data and field collected data: • Existing system gaps • Collision analysis • Potential Demand Analysis • Opportunities and constraints \Vorking Paper #1 will also include a written summary of existing conditions, an updated inventory of existing bicycle facilities and a description of opportunities and constraints. C.1 Plan Evaluation The objective of this task is to review the policies, goals, and projects in the City's General Plan Update and Specific Plan documents, Regional Transportation Plan, and the San Diego Regional Bicycle Plan to ensure consistency. Alta will review the `Draft' Bicycle Master Plan with City staff to identify those components that need updating or refining, those components that are missing, and those components that need to be replaced. Alta will recommend a relined bikeway network of bicycle facilities (as needed) for the City in text and GIS formats, incorporating the existing bikeway network and recommending new routes to address gaps, deficiencies and needs. All recommended bikeway facilities will be described by the classification system developed by Caltrans in Chapter 1000: Planning and Deri;n of WO Facilities. The Caltrans classification system consists of the following categories: • Bike Paths (Class 1): bicycle or multi -use paths separate from roadways, with at -grade or grade - separated crossings • Bike Lanes (Class I 1): striped bicycle lanes, typically on the right-hand side of roadways 15 • Bike Routes (Class 111): roadways that provide adequate shoulder or curb lane width and signing, but no striping For liability, funding, and other purposes, we propose to use this classification system for this plan. For the network, Alta will prepare a detailed spreadsheet listing the improvements and describing key - characteristics of each proposed route, including lengths. For the recommended network_ GIS maps will be submitted to the City for review and approval prior to preparing a draft bicycle plan. Alta shall make any necessary revisions on the proposed system for inclusion in the Draft Bicycle Master Plan_ -Using the information collected in the previous tasks, :Alta will produce a GIS map identifying the recommended bicycle network for the City. C.2 Engineering Field Review As part of the ranking and phasing of improvements, an engineering review of proposed corridor improvements is required. The Alta team will conduct an engineering field review of the location to determine what options are possible, from full bike lanes to widened curb lanes, bike boulevard treatments, hike shared -lane tnarkvtgs, or other nnprovements. This scope of work assumes up to 20 locations (1-2 blocks in length) will be examined. C.3 Development of Strategic Corridors and Routes Existing conditions on candidate routes will be inventoried and reviewed as needed to help select appropriate routes as noted above. We will use field review in combination with Alta's innovative GIS- based evaluation systems that have proven effective in the bikeway planning process. Strategic corridors and routes to recreational, shopping, employment, and school destinations throughout the city will be identified based on (a) existing systems, (b) directness and convenience for bicyclists, (c) connectivity to the surrounding residential areas and major destinations, and (d) connectivity to existing multi -modal centers such as the train station and bus stops_ C.4 Route Selection Criteria The recommended bicycle improvements will be ranked according to general planning criteria and submitted to staff for review and comment. A GIS-based prioritization systems will be used to attach weights to each criterion and determine which recommendations meet the highest number of criteria_ These criteria may consist of those listed below and others developed with City staff and other local agency representatives. POteritta • Suitability for bicycling without improvements • Suitability for bicycling with improvements • Provides/enhances Safe Route to School connection • Closure of critical gap • Improvement that serves an immediate safety need • Destinations served • Enhances system connectivity • Geographic distribution of city coverage • Segment which will attract high usage • Current availability and/or suitability of right-of-way • Cost effectiveness 16 • Projected reduction in vehicle trips and vehicle miles traveled • Integration into the existing local and regional bikeway system • interface with other transportation modes (e.g., transit, intercity rail, etc.) • Local political and community support C.5 Recommended Support Facilities Support facilities for bicycle systems include signal loop detectors, lighting, signing, bicycle repair shops, bicycle racks and lockers, bike racks on buses, shower facilities, and staging areas at trailheads_ Support lac htv types will be described and classified whenever possible. Recommended improvements will be described as a series of specific standards, except at major destinations such as regional parks, where the actual number and type of support facilities will be identified. Our recommendations will also include actions such as improved access to local and regional transit, bike racks on buses, methods of improving bicycle security such as bike corrals (card -access secure areas), bike storage areas in attended parking lots and garages, building access and restriction guidelines based on best practices and recommended designs for bike racks and lockers. C.6 Ranking and Phasing of Recommendations The recommended improvements will be ranked according to general planning criteria and submitted to staff for review and comment. The GIS-base prioritization system will be used to attach weights to each criterion and determine which recommendations meet the highest number of criteria. The recommended improvements will next be evaluated according to specific criteria listed in funding sources such as regional, state, and Federal grant programs. Each source requires a different type of project and documentation of nnpacts and benefits. Because of this, the selected routes or improvements -will be developed in sufficient detail to qualify for the most stringent program requirements. Our team will work closely with the staff throughout the selection and ranking process, lending expertise on fundnig, planning, and design guidelines when required. C.7 Cost Estimates The Alta team will prepare a project database in Excel listing detailed information on each proposed segment length, corridor condition, and other information. Planning -level costs will be separated between land cost (if any), site preparation, planning, design and engineering costs, construction costs, and environmental documentation/mitigation costs (if any)_ The Alta ream will use the Iatest unit costs provided by the City Public Works Department in tandem with the most recent figures from comparable communities. Maintenance Costs for each segment will be evaluated according to an estimated cost -per -mile and estimated annual maintenance and operation costs by implementation phase based on comparable experiences. The Department responsibility will also be identified, as will the relationship to possible funding and specific requirements. C.8 Priority Project Description Sheets Findings from the engineering review will be translated into Project Description sheets for the top priority projects (up to 5 projects). Detailed project description sheets can serve as an excellent tool for future implementation funding applications. Project sheets will describe key characteristics of each proposed route or route segment including: 17 • Proposed facility type(s) • Dominant land use • Dominant users (cotrunuter, recreational_ etc.) • Key safety issues • Project cost opinions • Iunsdicuonal responsibility C.9 Design Guidelines The Alta Team will work with city staff to coordinate the development and assembly of one comprehensive set of bicycle design guidelines for the City consistent with state and Federal standards and practices. Alta will prepare an opening chapter that discusses the various guidelines and how they relate to one another, followed by the design guidelines. C.10 Funding Our ream's staff has successfully helped communities around the country apply for and receive over $SO million in funding for bicycle facilities. Alta has an in-house grant writing group who are experts at identifying funding opportunities and matching projects with the right grant. Our team is familiar with virtually all state and federal sources of bikeway funding, including funding sources in the SAFETEA-LU legislation. We are also aware that funding is much more likely from all sources when it comes from a vanetv of local, state_ federal, and public and private sources. In other words, most funding sources prefer to leverage local funds as match to secure other funds rather than provide the bulk of funding themselves. The Alta team will identify potential matching and major funding sources, associated criteria and requirements. Costs of the phased improvements will be compared with funding needs, so that long term programming for local matching funds can be accomplished. The Alta team will explore funding options from public and private sources, contacting our network of funding specialists around the U.S. to determine the availability and requirements for grants. Alta staff will complete two (2) grant applications for the City as part of this scope of work. C.11 Safe Routes to School Toolkit Alta will develop a "Safe Routes to School Toolkit" for the school district(s) serving the City providing an overview of best practices tools and strategies to improve safety and accessibility for bicyclists around school zones. The Toolkit is intended for a non -technical audience and can be used by parents, politicians, and teachers to develop a Safe Routes to School program at their school_ The Toolkit will include a summary of the City's and School District's existing efforts, and descriptions of Safe Routes to Schools engineering tools, operational tools, education and encouragement tools, enforcement tools and resources_ The Toolkit will be included in the Bicycle Master Plan as an Appendix and designed so that it can be used as a stand-alone document. For individual schools expressing interest in advancing SR2S projects, Alta will develop up a pilot school project description sheet with maps and data that will allow the schools to advance plans in accordance local and State guidance. C.12 Education and Marketing Programs Becoming a truly bicycle -friendly community requires a multi -faceted approach, including strategies beyond traditional engineering and infrastructure projects. Utilizing several innovative approaches, the City has the potential to build on its solid foundation of supporting multimodal transportation and become a model bicycling community. 18 ,\Ita will work with City staff to exanune m a "bigger picture" term their education/outreach interests, concerns, needs, and resources and develop a plan using numerous strategies that addresses those items. Alta will then develop a "Best Practices — 4 F.'s" report identifying potential changes to improve bicycle education, encouragement, enforcement, evaluation, and public outreach efforts. These recommendations will be based both on results of the previous tasks that identified problem areas plus experience gained in communities around the region and the United States. These recommendations may include: Sunday Parkways, bike ambassadors, bike buddy programs, traffic safety diversion program (instead of tickets for bike -related infractions), Safe Routes for Seniors, Women on Bikes, walking/hiking/transit mobility maps, walking & bicycling legal training, Bicycle Benefits program, Lights On campaigns, Share the Path campaigns, targeted advertising and Public Service Announcements (PSA's) etc In Aha's experience, if you build the facility, users will use it; however, if you build the facility and tell people about it, they will embrace it. Alta is the only bicycle and pedestrian planning firm with a department dedicated to the education and encouragement for non -motorized programs. The report will include an overview of existing programs, and develop a custom suite of new program recommendations. This approach will be refined during the kick-off meeting to ensure that the Citv's needs are met when it comes to education and outreach. Working Paper #2: Recommended Bikeway Network Refined bikeway network and map Descriptions of strategic corridors and route Ranking and phasing of projects Cost estimates Project description sheets Design guidelines Funding J Safe Routes to School toolkit Education and rnarketinh This task includes preparation and submittal of a revised Bicycle Master Plan document, a Community 'Open House' to present the Bicycle Master Plan, revision and re -submittal of the Plan as needed, and presentation of the Plan to the City Planning Commission and other groups. ©.1 Bicycle Transportation Account Compliance In order to provide maximum clarity for the City, SAND-1G, and Caltrans staff reviewing the Bikeway Master Plan for Bicycle Transportation Account (BTA) compliance, Alta will prepare a separate checklist summarizing how the plan satisfies each of the BTA-required elements of the Streets and highways Code 891.2 (a-k). This checklist will allow reviewing staff to go to a single document to confirm that all BMA -required elements have been met, thus avoiding the need to search throughout the document for the various applicable sections. This BTA compliance checklist can be provided at the beginning of the document, or as one of the appendices. A description of how Alta will meet these requirements is presented below. 19 BTA 891 Required Plan Elements Location/Explanation of Compliance (a) The estimated number of existing hicycle commuters in the plan area and the estimated increase in the number of bicycle commuters resulting from implementation of the plan. BTA Compliance Table. An estimate will be developed for all agencies using Alta's Bikeway Demand Model, which is based on US Census and other sources. A full description of this methodology will be included in the appendix. (b) (c) A map and description of existing and proposed land use and settlement patterns which shall include, but not be limited to, locations of residential neighborhoods, schools, shopping centers, public buildings, and major employment centers. BTA Maps and BTA Appendices. Land use maps for the County obtained from local agencies will be presented in this chapter. The BTA maps show major activity centers such as schools and parks are also shown in this chapter. A map and description of existing and proposed bikeways_ BTA Maps. Information as provided by local agencies in map and/or tabular form. (d) A map and description of existing and proposed end -of- trip bicycle parking facilities. These shall include, but not he limited to, parking at schools, shopping centers, public buildings, and major employment centers. BTA Maps and BTA Compliance Table. Local agencies will provide information on whether they have (or plan to have) bicycle parking at major activity centers, a bike parking ordinance, or a bike station. (e) A map and description of existing and proposed bicycle transport and parking facilities for connections with and use of other transportation modes. These shall include, but not be limited to, parking facilities at transit stops, rail and transit terminals, ferry docks and landings, park and ride lots, and provisions for transporting bicyclists and bicycles on transit or rail vehicles or ferry vessels. BTA Compliance Table and BTA Maps. Jurisdiction served by buses with bike racks; and/or has a bicycle parking ordinance or is considering one as part of Update process. (f) A map and description of existing and proposed facilities for changing and storing clothes and equipment. These shall include, but not he limited to, locker, restroom, and shower facilities near hicycle parking facilities. BTA Compliance Table and BTA Maps. Changing and storage facilities are defined as having publicly -accessible restrooms at parks, puhlic buildings (shown on the BTA Maps); and/or has or is considering adopting a changing facility ordinance. (g) A description of bicycle safety and education programs conducted in the area included within the plan, efforts by the law enforcement agency having primary traffic law enforcement responsibility in the area to enforce provisions of the Vehicle Code pertaining to bicycle operation, and compile existing data on the resulting effect on accidents involving bicyclists. BTA Cornpliance Table. Local agencies will provide information on their safety and education programs. Alta will review collision data from the past three years plus conduct field reviews of problem areas. (h) A description of the extent of citizen and community involvement in development of the plan. BTA Compliance Table. Agencies that already have approved hicycle transportation plans or have are identified as 'yes', while others are planning on holding community meetings. (i) A description of how the bicycle transportation plan has been coordinated and is consistent with other local or regional transportation, air quality, or energy conservation plans, including, but no limited to, programs that provide incentives for bicycle commuting. BTA Compliance Table. By participating in this countywide coordination process, which includes review by TAM, all local participating agencies will meet this requirement. 20 BTA 891.2 (j) Required Plan Elements A description of the projects proposed in the plan and a listing of their priorities for irnplementation. (k) Location/Explanation of Compliance BTA Maps and BTA Appendix. Projects and priorities in list and map -form will be submitted by participating cities, and shown in the BTA Maps and appendix. A description of past expenditures for bicycle facilities and future financial needs for projects that improve safety and convenience for bicycle commuters in the plan area. BTA Compliance Table. Past expenditures will he based on actual or estimated costs of existing facilities in each participating city. D.2 Commission Presentations The Alta team kill present the Plan to the Planning Commission, City Council, and the Bicycle - Pedestrian Working Group at SANDAG. D.3 Draft Bicycle Master Plan #1 Based on the tasks outlined above, Alta will prepare a Draft Bicycle Master Plan for the City. The Draft Bicycle Master Plan -will be developed with the twin objectives of • Providing the blueprint for a comprehensive system in the City that makes bicycling for all purposes and by all users accessible, safe and desirable; and • Providing a strong, strategic, funding plan for bicycle facility eNpansion, improvement and implementation citywide. Alta will submit three copies of the First Draft Plan for review by City staff. D.4 Final Bicycle Master Plan \N'e assume that all staff, committee, and other reviewer comments will be compiled by City staff and provided to Alta after each of the draft stages. Alta will address the Draft comments and incorporate them into the Final Bicycle Master Plan. We will submit one electronic version of the Final Draft Plan to city staff for review to ensure that all comments have been addressed. Upon approval, Alta will produce five (5) bound copies and a pdf version of the Final Bicycle Master Plan. 21 SCHEDULE 3.2.2010 CITY OF NATIONAL CITY BICYCLE MASTER PLAN UPDATE ASK April Task A: Project Meetings and Workshops Task B: Research and Data Collection MONTH - 2010 May June July a Ita August Task C Evaluation and Recommendations Task D Reports and Presentations Cost Estimate and Schedule of Fees Alta Planning + Design proposes to complete all of the task items in the scope of work for a fee of $50,000, including all expenses. The schedule of rates and fees by staff person are provided below. Staff Hourly Rates Hours Fees Brett Hondorp, Principal $150 28 $ 4,200 Sherry Ryan, Project Manager $125 105 $13,125 Sam Corbett $125 75 $ 9,375 Bridget Enderle, Asst. Project Manager $ 85 100 $ 8,500 Sasha Jovanovic, Planner $ 85 100 $ 8,500 KOA Engineer $150 40 $ 6,000 Direct expenses: $300 23 ACORD TM CERTIFICATE OF LIABI LITY INSURANCE Date (MMIDD/YR) 3/1/2010 PRODUCER HEFFERNAN PROFESSIONAL PRACTICES License Number: 0564249 1855 W. Katella Avenue, Suite 255 Orange, CA 92867 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED ALTA PLANNING AND DESIGN, INC, 711 SE GRAND AVENUE PORTLAND, OR 97214 INSURER A INSURER B: INSURER C: INSURER D: INSURER E: Travelers Property Casualty Co of Am Travelers Indemnity Company Travelers Casually Ins Co. of America Continental Casualty Company 36161 25658 19046 20443 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. tNSR LTR AOD'L INSRD TYPE OF INSURANCE POUCY NUMBER POLICY EFFECTIVE DATE (MMND/YY) POLICY EXPIRATION DATE (MM/DWYY) LIMITS B A GENERALUABILITY X COMMERCIAL GENERAL LIABILITY 6800653P383 6800666P70A 06/01/09 06/01/09 06/01/10 06/01/10 EACH OCCURRENCE $1,000,000 DAMAGE TORENTED PREMISES (Es. Occurrence) $1,000,000 MEDEXP(ANY ONE PERSON) $10,000 CLAIMS MADE X OCCUR PERSONALLAOV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP/OPAGG) $2,000,000 GEN'LAGGREGATE 1 POLICY DMIi APPLIES PER n' ROCT n LOC B A AUTOMOBILE LIABILITY 6800653P383 6800666P70A 06/01/09 06/01/09 06/01/10 06/01/10 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ BODILY INJURY (Pet accident) $ X HIRED AUTOS X NON -OWNED AUTOS PROPERTY DAMAGE (Per Acodan4 $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO AUTO ONLY: AGO $ A EXCESSIUMDRELLA DADILITY CUP3324T846 06/01/09 06/01/10 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 X occuR CLAIMS MADE $ $ $ DEDUCTIBLE RETENTION $10.000 C WORKERS COMPENSATION AND EMPLOYERS LIABILITY ANY PHOPIE OFUPARTNIIN TU(ECUTIYE OFFICEWME ABER EXCLUDED? If yes, describe under SPECIAL PROVISIONS bow UB7125Y672 09/01/09 09/01/10 X WC STATU- TORY LIMITS OLH- ER EL EACH ACCIDENT $1,000,000 EL DISEASE - POLICY LIMIT $1,000.000 EL DISEASE- EA EMPLOYEE $1,000,DOD D OTHER Professional Liability MCH114135257 10/17/09 10/17/10 $3,000,000 Per Claim $3,000,000 Aggregate DESCRIPTION OF OPERATIONSILOCATtONSNEHICLESJEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Projects as on file with the insured incl but not ltd to City of National City Blcyde Master Plan Update. City of National City and its officers, agents and emp oyees are named as additional insured and primary/non-contributory clause applies to the general liability policy, including non-owned/hired auto coverage. Workers Compensation Waiver of Subrogation applies. See attached endorsements. CERTIFICATE HOLDER City of National City c/o City Attorney's Office 1243 National City Blvd. National City, CA 91950 CANCELLATION 10 Day Notice for Non -Payment of Premium SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR -TO MAIL 9 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, EUT-FAILURETO-DO-SOSHA64, 4MPO$E-NPOBNGAT' N-OR LIA&61TXGGANV-KIND-UPON-T 4 SURGR,4TS-AGr:R3COR RGPRG6GNTAi1VGS.-FXCEPFFORLANCSIAATION-aUETO-NON-PAYMENT-OF-f REAIIUIbIN1W11CH GAGE 4O.DAYt'-NOTICG-WILL-BGGIVEN, AUTHORIZED REPRESENTATIVE ACORD 25 (2001/08) 24 OACORD CORPORATION 1988 POLICY NO.: 6800653P383 / 6800666P70A COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSON(S) OR ORGANIZATION(S): City of National City, Its Officers, Agents and Employees PROJECT/LOCATION OF COVERED OPERATIONS: All Consulting Operations. PROVISIONS A. The following is added to WHO IS AN INSURED (Section II): The person or organization shown in the Schedule above is an additional insured on this Coverage Part, but only with respect to liability for "bodily injury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing operations; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "products -completed operations hazard". Such person or organization does not qualify as an additional insured for "bodily injury", 'property damage" or "personal injury" for which that person or organization has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: d. This insurance does not apply to the rendering of or failure to render any "professional services". e. The limits of insurance afforded to the additional insured shall be the limits which you agreed in that "contract or agreement requiring insurance" to provide for that additional Insured, or the limits shown in the Declarations for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance CG D3 82 09 07 stated in the LIMITS OF INSURANCE (Section III) for this Coverage Part B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that, for the additional insured shown in the Schedule, the insurance provided to that additional insured under this Coverage Part must apply on a primary basis, or a primary and non- contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance" for such additional insured. But this insurance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when the additional insured is also an additional insured under any other insurance. © 2007 The Travelers Companies, Inc. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 25 Page i of 2 C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): We waive any rights of recovery we may have against the additional insured shown in the Schedule above because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" on or for the project, or at the location, shown in the Schedule above, performed by you, or on your behalf, under a "contract or agreement requiring insurance' with that additional insured. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insurance" with that additional insured entered into by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. CGD3820907 D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement under which you are required to include the person or organization shown in the Schedule as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal injury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. © 2007 The Travelers Companies, Inc. Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 26 POLICY NUMBER: 6800653P383 / 6800666P70A COMMERCIAL GENERAL LIABILITY ISSUE DATE: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. HIRED AUTO AND NONOWNED AUTO LIABILITY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Insurance is provided only with respect to those coverages for which a specific premium charge is shown: COVERAGE ADDITIONAL PREMIUM Hired Auto Liability $ INCLUDED Nonowned Auto Liability $ INCLUDED (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) PROVISIONS A. COVERAGE If a premium charge is shown in the SCHEDULE above, the insurance provided under Section I — Coverage A — Bodily Injury And Property Damage Liability applies to "bodily injury" and "property damage" arising out of the maintenance or use of a "hired auto" or "nonowned auto". Maintenance or use of a "nonowned auto" in- cludes test driving in connection with an "auto business". B. EXCLUSIONS With respect to the insurance provided by this endorsement: 1. The exclusions, under Section 1 — Coverage A — Bodily Injury And Property Damage Liability, other than exclusions a., b., d., e., f. and i. and the Nuclear Energy Liability Exclu- sion (Broad Form) are deleted and replaced by the following: a. "Bodily injury" to: (1) Any fellow "employee" of the insured arising out of and in the course of: (a) Employment by the insured; or (b) Performing duties related to the conduct of the insured's busi- ness. b. "Property damage" to: (1) Property owned or being transported by, or rented or loaned to the insured; or (2) Property in the care, custody or con- trol of the insured. C. WHO IS AN INSURED Section it — Who Is An Insured is replaced by the following: Each of the following is an insured under this in- surance to the extent set forth below: 1. You; 2. Anyone else including any partner or "execu- tive officer" of yours while using with your permission a "hired auto" or a "nonowned auto" except: a. The owner or lessee (of whom you are a sublessee) of a "hired auto" or the owner or lessee of a "nonowned auto" or any agent or "employee" of any such owner or lessee; b. Your "employee" if the covered "auto" is owned by Uiat "employee" or a member of his or her household; c. Your "employee" if the covered "auto" is leased, hired or rented by him or her or a member of his or her household under a lease or rental agreement for a period of 180 days or more; d. Any partner or "executive officer" with re- spect to any "auto" owned by such part- ner or officer or a member of his or her household; e. Any partner or "executive officer" with re- spect to any "auto" leased or rented to such partner or officer or a member of his or her household under a lease or rental agreement for a period of 180 days or more; MP T1 2511 03 Copyright, The Travelers Indemnity Company, 2003 Includes copyrighted material of Insurance Services Office, Inc.. with its permission. Page 1 of 2 27 COMMERCIAL GENERAL LIABILITY f. Any person while employed in or other- wise engaged in duties in connection with an "auto business", other than an "auto business" you operate; Anyone other than your "employees", partners, a lessee or borrower or any of their "employees", while moving property to or from a "hired auto" or a "nonowned auto"; or 3. Any other person or organization, but only with respect to their liability because of acts or omissions of an insured under 1. or 2. above. g• D. AMENDED DEFINITIONS The Definition of "insured contract" of Section V — Definitlons is amended by the addition of the fol- lowing exceptions to paragraph f.: Paragraph f. does not include that part of any contract or agreement: (4) That pertains to the loan, lease or rental of an "auto" to you or any of your "employees", if the "auto" is loaned, leased or rented with a driver; or (5) That holds a person or organization engaged In the business of transporting property by "auto" for hire harmless for your use of a cov- ered "auto" over a route or territory that per- son or organization is authorized to serve by public authority. E. ADDITIONAL DEFINITIONS Section V — Definitions is amended by the addi- tion of the following definitions: 1. "Auto Business" means the business or oc- cupation of selling, repairing, servicing, stor- ing or parking "autos". 2. "Hired auto" means any "auto" you lease, hire, rent or borrow. This does not include: a. Any "auto" you lease, hire or rent under a lease or rental agreement for a period of 180 days or more, or b. Any "auto" you lease, hire, rent or borrow from any of your "employees", partners, stockholders, or members of their house- holds. 3. "Nonowned auto" means any "autos" you do not own, lease, hire, rent or borrow that are being used in the course and scope of your business at the time of an "occurrence"_ This includes "autos" owned by your "employees" or partners or members of their households but only while being used in the course and scope of your business at the time of an "oc- currence". If you are a sole proprietor, "nonowned auto" means any "autos" you do not own, lease, hire, rent or borrow that are being used in the course and scope of your business or per- sonal affairs at the time of an "occurrence". Page 2 of 2 Copyright, The Travelers Indemnity Company, 2003 MP T1 25 11 03 Includes copyrighted material of Insurance Services Office, Inc., with its permission. 28 TRAVELERS POLICY NUMBER: UB7125Y672 WORKERS COMPENSATION AND EMPLOYERS LIABILITY ENDORSEMENT WC 99 03 76 (00) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT — CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 5.000% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization ANY PERSON OR ORGANIZATION WITH WHOM YOU AGREE IN WRITING TO WAIVE YOUR RIGHT TO RECOVER AGAINST THEM. YOU MUST AGREE TO THIS WAIVER PRIOR TO THE DATE OF LOSS Job Description: Projects as on file_ with the insured Authorized Representative 29 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 16, 2010 AGENDA ITEM NO. 9 'EM TITLE: Resolution of the City Council of the City of National City authorizing funds in the amount of $18, 490.00 for the additional costs associated with grant purchase of an upgraded Tritech Automatic Vehicle Locator (AVL) system for the police from the Citizen's Option for Public Safety Program (COPS/SLESF) PREPARED BY: Dave Noteware, PHONE: 336-4509 EXPLANATION: See Attached Explanation. DEPARTMENT: Police APPROVED BY: FINANCIAL STATEMENT: APPROVED: p Finance ACCOUNT NO. 208-411-709-355 APPROVED: No negative impact; Citizens Option for Public Safety (COPS/SLESF) 08-09 grants. Requires no general fund match ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Recommend Staff approve this additional funding to allow dispatch to track and advise unit at the closest distance to scene which will shorten time unit arrives at scene. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: tech quote dated 02-08-2010 resolution No. 2009-267 Explanation Word Document Page 2 Explanation Council Agenda Statement: Automatic Vehicle Locator (AVL) allows for real time vehicle locations to reduce response times and improve incident management, allowing dispatchers to make informed unit recommendations based on actual location versus last known location. Call -takers will be able to provide accurate estimated time of arrival (ETA) updates to concerned callers. Original Tritech AVL project funding in the amount of $34,084.35 was approved for a Standard Trimble Interface under Resolution Number 2009-267 approved on November 3`d, 2009. During the install of this standard interface it was discovered that due to the current Motorola interface requiring the use of the two existing connections to send and receive information from our current CAD interface to dispatch calls and query justice databases, this interface would not work as originally thought and designed. Recently Tritech conducted several evaluations of National City's current AVL structure and determined that the existing stand alone Sierra Wireless devices currently in use by the City's Police cars are capable of independent communication to an upstream server. Subsequently this allows for a very robust and standard stream of communication to the Computer Aided Dispatch system to produce consistent and extremely accurate vehicle tracking for improved Officer Safety. It is recommended that National City PD utilize the standard TriTech AVL interface to create a very durable and reliable AVL software solution for the City. This new interface install will result in an additional cost of $18,491.00 for the grant purchase of license, software and services for the Police Department from the Citizens Option for Public Safety Program (COPS/SLESF) 08-09.The Police Department would like to name Tritech as the vendor for the Automatic Vehicle Locator System Technology. RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING FUNDS IN THE AMOUNT OF $18,490 FOR THE ADDITIONAL COSTS ASSOCIATED WITH THE GRANT PURCHASE UPGRADED TRITECH AUTOMATIC VEHICLE LOCATOR (AVL) SYSTEM FOR THE POLICE FROM CITIZEN'S OPTION FOR PUBLIC SAFETY PROGRAM (COPS/SLESF) WHEREAS, the Police Department uses an Automatic Vehicle Locator (AVL) that allows for real time vehicle locations to reduce response times and improve incident management, allowing dispatchers to make informed unit recommendations based on actual location versus last known location, and call -takers to provide accurate estimated time of arrival updates to concerned callers; and WHEREAS, on November 3, 2009, the City Council adopted Resolution No. 2010-267 for the sole -source purchase of an Automatic Vehicle Locating System (the "System") from TriTech Software Systems for the Police Department in the reimbursable grant amount of $34,084.35 from the FY 08 State Homeland Security Grant Program and Citizen's Option for Public Safety Program (COPS/SLESF); and WHEREAS, during the installation of the System, it was determined that the Standard Trimble Interface was not compatible with the Department's current CAD interface; and WHEREAS, TriTech Software Systems conducted several evaluations of the current Automatic Vehicle Locator structure and determined that the existing stand alone Sierra Wireless devices currently in use by the City's Police cars are capable of independent communication to an upstream server; and WHEREAS, it is recommended that additional funds in the amount of $18,490 from the Citizen's Option for Public Safety Program (COPS/SLESF) for the grant purchase of license, software, and services be authorized to upgrade to the Standard TriTech Automatic Vehicle Locating System interface to create a very durable and reliable software solution. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes funds in the amount of $18,490 for the additional costs associated with the grant purchase of an upgraded TriTech Automatic Vehicle Locator System for the Police Department from the Citizens' Option for Public Safety Program (COPS/SLESF). PASSED and ADOPTED this 16th day of March, 2010. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, HI City Attorney : Quotation Date. 02.08.10 T`RiTEH Chang Order .,hangeOrder Quotation # '1785KS-01 General & Client information Ghent Name- National City Police - -System Description. AVL interface Bill to. Change Order # TBD Original Sales Order # 4228 Client Purchase Order # Cheat Purchase Order Date City of National City 1243 National City Blvd National City, CA 91950-4570 Chen' Contact Dave Noteware Contact Phone: 619.336,4509 Contact Email Address : tlnoteware@ti.nationaltity.Ca.us SMo . Credit Terms Net 30 days from date of invoice Client Account Manager Ken Schulte Project Manager Barbara Self Pro'eet'Products: A. Services Oty Sans Category Item Description UN Price Dly-tind $ '.. Extended Price Project Additions: 1 Mobile VisiNet Mobile Server 8, Intertace License (1-50) '.. $ 15.000.00 ; $ 15,000.00 - S 15,000,00 35 Mobile -VisiNet AVL Client License $ 500.00 1 S 17,500.00 1 Support One Year Support 8 Maintenance '-. $ 7,150,00 $ 7,150.00 _._. .._... 2 Services Installation of Mobile Server & Mobile Interface ': S 1,750.00 I f 3,500,00 $ 17,500.00 $ 7,150.00 _.. $ 3,500.00 1 Services project Services (PM, System Engineering & Mapping Services) $ 2,300.00 ' $ 2,300.00 $ 2,300.00 Project Deletions: $ - (1)_.. Interface Standard Trimble Interface License $ 18,000.00 i f (16,000.00) 1 Support One Year Support 8 Maintenance S (1,960.00)i E (3,960-00) (t) Services SystemEngineering $ 2,00000 $_____ (2,000,00) (1) Services Prolect Management $ 3.000,00 $ (3,000.00) $ $ (18,000.00) f (3,960.00) $ (2,000.00) $ (3,000.00) Total: ! $ 18,490.00 • reject Summary & totals TriTech CAD Software TriTech Interface Software _ - _ - 'TriTech Mobile Software TriTech RMS Software._.. _ _. _. TriTech Custom Software Hardware & 3rd Party Software Support Hardware & 3rd Party Software Subcontract TriTech Services TriTech Annual Support & Maintenance Other -... _. -_-•- _. ._.____.. ._._ :. (18,000.00) 32,500.00 _____.____. - - _ - 800.00 3,190.00 Estimated Sales Tax (State: at_%) Taxable sales: Estimated Shipping Subtotal: $ 18,490.00 0.00',Sales tax rate: 5.00% '� $ $ - Total: $ 18,490.00 Pro"eelPa ment hm?s: Net30 days from date of invoice 50'% Due on Order $ 9,245.00 50% Due on Installation of VNM Mobile Server . $ 9,245.00 Total Payments: - S 18,490.00 rnrech Software Systems 9860 Mesa Rim Rd, SD, CA 92121 858 799 7000 Conddenhat and Propietary Page 1 of 2 Quotation Date 02.08.10 'mrr Chang Order Change Order Quotation # 1785KS-01 Summary information & Project Notes, "Trimble" A AVL interface was sold 10 National City and it was discovered the customer does not have the companion Trimble AVL application required to communicate to the TriTech interface. The VisiNet AVL only product 11 offered as an In-house solution that would not require any3rd partyapplication, create a better support platform, allow for less resourcesldevelopment time to implement the project and would create an opportun ity to sell TriTech's mobile solution m NCPD in the future. Quotation Issued by: Ken Schulte Contact info: 720 379 3900 ti_—______. Send Purchase Orders to'. TriTech Software Systems Ann: K.Beckwilh FAX'a58-798-7015 salesadminalritodi cern - - Remit Payments to TriTech Software Systems PO Box #671392 Dallas, TX 75267-1392 Terms and Conditions This Quotation is valid for 60 (sixty) days and is subject to the terms of your TriTech System Purchase Purchase Agreement between TriTech and Client shall govem the additional TriTech software licenses pu Software Support Agreement between In Tech and the Client The quotation information is proprietary and selection and purchase/license. Any estimated sales and/or use tax has been calculated as of the date of TriTech reserves the right 10 adjust and collect sales and/or use lax at the actual date of invoicing. If your invoicing, your organization must provide TnTech with a copy of a current tax exemption certificate issued Travel and out-of-pocket expenses will be invoiced as intoned, at actual cost, unless specifically itemized in Agreement The software licensing provisions of the System chased here under. Support will be provided in accordance with the may not be copied or released other than for the express purpose of quotation and is provided as a convenience for budgetary purposes. organization is tax exempt or pays slate taxes directly, then prior to by your states taxing authority for the given junsdiction. the quotation_ - - By signing below, you are indicating that you are authorized to obligate funds for your organization. To activate your order, check the appropriate box below and, either, (i) attach a copy of this quotation 10 your purchase order when it is remitted 10 TriTech, or, (ii) if no additional authorizing paperwork is required for your organization to accept and pay an invoice, sign below and fax this quotation to 858-799-7015 or email to ;a!esadrruntritech.com to indicate your acceptance. CI Purchase Order required and attached, reference PO# on invoice i - - '_'--- ❑ No Purchase Order required to invoice Please check one of the follrnving. El 'I aaref to pay anyapplicable sales tax. ❑ 1 am tax exempt. Please contact me if TriTech does not have my current exempt information on file. Accepted for Client National City Police_._ Client Agency/Entity Name• Print Name - Tine Client Authorized Representative - -- -- _ Signature _.. . ... 'Date Client Authorized Representative TriTech Software Systems 9860 Mesa Ron Rd SD, CA 92121 858-799-7000 Conhdentiat and Proprietary Page2of2 RESOLUTION NO. 2009 — 267 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING FUNDS IN THE AMOUNT OF $34,084.35 FOR THE REIMBURSABLE GRANT PURCHASE OF AN AUTOMATIC VEHICLE LOCATING SYSTEM FROM TRITECH SOFTWARE SYSTEM FOR THE POLICE FROM THE FY08 STATE HOMELAND SECURITY GRANT PROGRAM AND CITIZEN'S OPTION FOR PUBLIC SAFETY PROGRAM (COPS/SLESF) WHEREAS, the FY08 State Homeland Security Grant Program and the Citizens Option for Public Safety (COPS/SLESF) 08/09 grants are reimbursable grants designed to supplement the purchase of equipment for police and fire personnel; and WHEREAS, the Police Department desires to utilize funds from these reimbursable grants in the amount of $34,084.35 for the sole -source purchase of an Automatic Vehicle Locating System (AVLS) from TriTech Software Systems which is the current vendor for the Department's computer -aided dispatching (CAD) system, which needs to have the capability to interface with the new AVLS; and WHEREAS, the proprietary technology from a vendor other than TriTech Software Systems would be cost prohibitive due to the additional funding required to incorporate the technology of two vendors to work as one system; and WHEREAS, Subsection (C) of Section 2.60.220 of the National City Municipal Code provides that the City Council may waive the requirements of the bidding process when the commodity or service to be procured, regardless of value, is required to integrate with or be compatible with existing furnishings, materials, systems, programs or equipment and the procurement can be timely made from a manufacturer or supplier who previously satisfactorily supplied the particular commodity or service. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby finds and determines that because the commodity to be procured is required to integrate with or be compatible with the Police Department's existing, CAD system, and can be timely made from the vendor who previously satisfactorily supplied the existing CAD system, it is in the City's best interest to purchase an Automatic Vehicle Locating System from TriTech Software Systems at the cost of $34,084.35 without complying with the competitive bidding procedure. BE IT FURTHER RESOLVED that the Police Department is directed to submit a reimbursement form request to the San Diego County Office of Emergency Services for reimbursement of $34,084.35. ATTEST: PASSED and ADOPTED this 3rd day of Novembe2009. Ron Morrison, Mayor APPROVED AS TO FORM: Michael R_ Dalla, City Clerk George H. Eiser, III, City Attorney Passed and adopted by the Council of the City of National City, California, on November 3, 2009 by the following vote, to -wit: Ayes: Councilmembers Morrison, Parra, Van Deventer, Zarate. Nays: None. Absent: Councilmember Sotelo-Solis. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy 1 HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2009-267 of the City of National City, California, passed and adopted by the Council of said City on November 3, 2009. 4 Cit Jerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 16, 2010 AGENDA ITEM NO. 10 'EM TITLE: Resolution of the City Council of the City of National City Authorizing the Acceptance of $38,656 from the FY09 Assistance to Firefighters Grant and Authorizing Existing Matching Funds in the National City Fire Department's Budget in the amount of $9,664 to join the San Diego Sports Medicine and Family Health Center for Wellness Program Services. (FIRE) PREPARED BY: Walter Amedee PHONE: 619-336-4556 EXPLANATION: DEPARTMENT: Fir APPROVED BY: The federal Department of Homeland Security has announced the City of National City would be awarded $38,656 or 80% in new funding for the National City Fire Department (NCFD) to join the San Diego Sports Medicine and Family Health Center valued at $48,320. The City is required to allocate $9,664 or a 20% match to receive the funding. The NCFD will use existing funds in its Medical Services Account (299). This is the 4th year the NCFD will participate in the program. By participating in the Program over the last three years, NCFD firefighters have shown substantial improvement in various health/fitness parameters. NCFD firefighters have the lowest average body fat, average cholesterol, average LDL cholesterol and percentage of participants with body fat greater than 20% compared to other departments in the Program. NCFD firefighters also have the highest average low back muscular endurance, average cardiovascular fitness and the percentage of participants with cardiovascular fitness above the recommended level of 42 ml/kg/min compared to the other departments. The NCFD is always been a leader in fitness and was highlighted in the Program's Wellness Newsletter in nuary 2010 for its innovative training techniques. FINANCIAL STATEMENT: ACCOUNT NO. 001-412-125-299-0000 Minor impact; the grant match of the $9,664 will come from the existing NCFD Medical Services Account. ENVIRONMENTAL REVIEW: APPROVEQ: `». fi , �`� }.rnw 1 Finance APPROV MIS ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Accept the $38,656 from the FY09 Assistance to Firefighters Grant and utilize $9,664 of existing funds for the NCFD to join the San Diego Sports Medicine and Family Health Center. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Grant Agreement Articles. Resolution. RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ACCEPTANCE OF $38,656 FROM THE FY 2009 ASSISTANCE TO FIREFIGHTERS GRANT, AND AUTHORIZING MATCHING FUNDS IN THE AMOUNT OF $9,664 FROM THE FIRE DEPARTMENT'S BUDGET TO JOIN THE SAN DIEGO SPORTS MEDICINE AND FAMILY HEALTH CENTER FOR WELLNESS PROGRAM WHEREAS, the Federal Department of Homeland Security has awarded an Assistance to Firefighters Grant to the City of National City in the amount of $38,656 or 80% that will be used to join the San Diego Sports Medicine and Family Health Center for Wellness Program; and WHEREAS, the City is required to allocate $9,664 or a 20% match to receive the funding, bringing the total amount of the Program to $48,320; and WHEREAS, by participating in the San Diego Sports Medicine and Family Health Center for Wellness Program, National City firefighters will receive detailed annual medical/fitness evaluations and related follow-up, which will allow our firefighters to become more physically able to safely carry out their work responsibilities, reducing work -related injuries and costs. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the acceptance of $38,656 from the Fiscal Year 2009 Assistance to Firefighters Grant with matching City funds from the National City Fire Department's budge in the amount of $9,664 to join the San Diego Sports Medicine and Family Health Center for Wellness Program. PASSED and ADOPTED this 16th day of March, 2010. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Panel Review Page 2 of 6 Cl -Set': l tri j FEMA Mr. Walter Amedee City of National City 1243 National City Boulevard National City, California 91950-3312 Re: Grant No.EMW-2009-FO-10422 Dear Mr. Amedee: On behalf of the Federal Emergency Management Agency (FEMA) and the Department of Homeland Security (DHS), I am pleased to inform you that your grant application submitted under the FY 2009 Assistance to Firefighters Grant has been approved. FEMA's Grant Programs Directorate (GPD), in consultation with the U.S. Fire Administration (USFA), carries out the Federal responsibilities of administering your grant. The approved project costs total to $48,320.00. The Federal share is 80 percent or $38,656.00 of the approved amount and your share of the costs is 20 percent or $9,664.00. As part of your award package, you will find Grant Agreement Articles. Please make sure you read and understand the Articles as they outline the terms and conditions of your grant award. Maintain a copy of these documents for your official file. You establish acceptance of the grant and Grant Agreement Articles when you request and receive any of the Federal grant funds awarded to you. By accepting the grant, you agree riot to deviate from the approved scope of work without prior written approval from FEMA. If your SF 1199A has been reviewed and approved, you will be able to request payments online. Remember, you should request funds when you have an immediate cash need. If you have any questions or concerns regarding the awards process or how to request your grant funds, please call the helpdesk at 1-866-274-0960. Sincerely, Timothy W. Manning Deputy Administrator for National Preparedness and Protection https:Ueservices. fema.gov/FemaFireGrant/firegrant/j sp/fire_admin/awards/spec/view award_pa... 3/2/2010 Panel Review Page 3 of FEMA Agreement Articles U.S. Department of Homeland Security Washington, D.C. 20472 AGREEMENT ARTICLES ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM - Operations and Safety program GRANTEE: City of National City PROGRAM: Operations and Safety AGREEMENT NUMBER: EMW-2009-FO-10422 AMENDMENT NUMBER: Article I Article II Article III Article IV Article V Article VI Article VII Article VIII Article IX Article I - Project Description TABLE OF CONTENTS Project Description Grantee Concurrence Period of Performance Amount Awarded Financial Guidelines Prohibition on Using Federal Funds GPD Allocations Financial Reporting FEMA Officials The purpose of the Assistance to Firefighters Program is to protect the health and safety of the public and firefighting personnel against fire and fire -related hazards. After careful consideration, FEMA has determined that the grantee's project submitted as part of the grantee's application, and detailed in the project narrative as well as the request details section of the application - including budget information - was consistent with the program's purpose and worthy of award. Therefore, the grantee shall perform the work described in the approved grant application as itemized in the request details section of the application and further described in the grant application's narrative. These sections of the application are made a part of these grant agreement articles by reference. The grantee may not change or make any material deviations from the approved scope of work outlined in the above referenced sections of the application without prior written approval from FEMA. Article II - Grantee Concurrence By requesting and receiving Federal grant funds provided by this grant program, the grantee accepts and agrees to abide by the terms and conditions of the grant as set forth in this document and the documents identified below. By receiving funds under this grant, grantees agree that they will use the funds provided through the Fiscal Year 2009 Assistance to Firefighters Grant Program in accordance with these Articles of Agreement and the program guidelines provided in the Fiscal Year 2009 Assistance to Firefighters Grants program guidance. All documents submitted as part of the application are made a part of this agreement by reference. Article III - Period of Performance https://eservices.fema.gov/FemaFjreGrant/firegrant/jsp/fireadmin(awards/spec'viewaward_pa... 3/2/2010 Panel Review Page 4 of 6 The period of performance shall be from 11-FEB-10 to 10-FEB-11. Article IV - Amount Awarded The amount of the award is detailed on the Obligating Document for Award attached to these articles. Following are the budgeted estimates for each object classes of this grant (including Federal share plus grantee match): Personnel $0.00 Fringe Benefits $0.00 Travel $0.00 Equipment $0.00 Supplies $0.00 Contractual $48,320.00 Construction $0.00 Other $0.00 Indirect Charges $0.00 Total $48,320.00 NEGOTIATION COMMENTS IF APPLICABLE (max 4000 characters) Article V - Financial Guidelines The grantee and any subgrantee shall comply with the most recent version of the Administrative Requirements, Cost Principles, and Audit Requirements. A non-exclusive list of regulations commonly applicable to FEMA grants are listed below: A. Administrative Requirements 1. 44 CFR Part 13, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments 2. 2 CFR Part 215, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations (OMB Circular A-110) B. Cost Principles 1. 2 CFR Part 225, Cost Principles for State, Local, and Indian Tribal Governments (OMB Circular A-87) 2. 2 CFR Part 220, Cost Principles for Educational Institutions (OMB Circular A-21) 3. 2 CFR Part 230, Cost Principles for Nonprofit Organizations (OMB Circular A-122) 4. Federal Acquisition Regulations (FAR), Part 31.2 Contract Cost Principles and Procedures, Contracts with Commercial Organizations C. Audit Requirements 1. OMB Circular A-133, Audits of States, Local Governments, and Nonprofit Organizations Article VI - Prohibition on Using Federal Funds Recipient understands and agrees that it cannot use any federal funds, either directly or indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government, without the express prior written approval of FEMA. Article VII - GPD Allocations https://eservices.fema_gov/FemaFireGrant/firegrant/jsp/fire_admin/awards/spec/view award pa... 3/2/2010 Panel Review Page 5 of 6 The recipient agrees that all allocations and use of funds under this grant will be in accordance with the FY 2009 Assistance to Firefighters Grant Program guidance and application kit. Article VIII - Financial Reporting The grantee must complete an on-line, semiannual financial status report to meet FEMA requirements. Semiannual financial reports are due within 30 days of the end of every six month period for the life of the grant. At the end of the performance period, or upon completion of the grantee's final program narrative, the grantee must complete an on- line final financial status report that is required to close out the grant. If a grantee's performance period is extended beyond the initial 12-month period, a periodic performance report is due every six month increment until closeout. Article IX - FEMA Officials Program Officer: Tom Harrington is the Program Officer for the Assistance to Firefighters Grant Program. The Program Officer is responsible for the technical monitoring of the stages of work and technical performance of the activities described in the approved grant application. Grants Assistance Officer: Andrea Gordon is the Assistance Officer for this grant program. The Assistance Officer is the Federal official responsible for negotiating, administering, and executing all grant business matters. Grants Management Division POC: The Grants Management Specialist shall be contacted to address all financial and administrative grant business matters for this award. If you have any questions regarding your grant please call ASK-GMD at 866-927-5646 to be directed to a specialist. https://cscrvices. fema.gov/FemaFireGranttfiregrant/jsp/fire_admin/awards/spec/view_award_pa... 3/2/2010 Panel Review Page 6 of 6 1a. AGREEMENT NO. EMW-2009-FO-10422 6. RECIPIENT NAME AND ADDRESS City of National City 343 E. 16th Street National City California, 91950-3312 9. NAME OF RECIPIENT PROJECT OFFICER Walter Amedee 11. EFFECTIVE DATE OF THIS ACTION 11-FEB-10 FEDERAL EMERGENCY MANAGEMENT AGENCY OBLIGATING DOCUMENT FOR AWARD/AMENDMENT 2. AMENDMENT 3. RECIPIENT NO. NO. 95-6000749 0 7. ISSUING OFFICE AND ADDRESS Grant Programs Directorate 500 C Street, S.W. Washington DC, 20528-7000 POC: Andrea Gordon 4. TYPE OF 5. CONTROL NO. ACTION W468977N AWARD 8. PAYMENT OFFICE AND ADDRESS FEMA, Financial Services Branch 500 C Street, S.W., Room 723 Washington DC, 20472 PHONE NO, 10. NAME OF PROJECT COORDINATOR 6193364550 Torn Harrington 12. METHOD OF 13. ASSISTANCE ARRANGEMENT PAYMENT Cost Sharing SF-270 15. DESCRIPTION OF ACTION a. (Indicate funding data for awards or financial changes) PROGRAM NAME CFDA NO. ACRONYM AFG 97.044 ACCOUNTING DATA (ACCS CODE) XXXX-XXX-XXXXXX-XXXXX- xxxx-xxxx-x 2010-M9-3120GF-25000000- 4101-D PRIOR TOTAL AWARD AMOUNT AWARDED THIS ACTION OR (-) PHONE NO. 1-866-274-0960 14. PERFORMANCE PERIOD From:11-FEB- To:10-FEB-11 10 Budget Period From:01-OCT- To:30-SEP-10 09 CURRENT CUMMULATIVE TOTAL AWARD NON- FEDERAL COMMITMENT $0.00 $38.656.00 $38,656.00 TOTALS $0.00 $38,656.00 b. To describe changes other than funding data or financial changes, attach schedule and check here. N/A $38,656.00 $9,664.00 $9,664.00 16a. FOR NON -DISASTER PROGRAMS: RECIPIENT IS REQUIRED TO SIGN AND RETURN THREE (3) COPIES OF THIS DOCUMENT TO FEMA (See Block 7 for address) Assistance to Firefighters Grant recipients are not required to sign and return copies of this document. However a copy of this document for their records. 16b. FOR DISASTER PROGRAMS: RECIPIENT IS NOT REQUIRED TO SIGN ecipients should print and keep This assistance is subject to terms and conditions attached to this award notice or by incorporated reference in program legislation cited above. 17. RECIPIENT SIGNATORY OFFICIAL (Name and Title) N/A 18. FEMA SIGNATORY OFFICIAL (Name and Title) Andrea Gordon Go Back DATE N/A DATE 08-FEB-10 https://escrvices.fema.gov/FemaFireGrant/tiregrant/jsp/fire admin/awards/spec/view award pa... 3/2/20I0 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 16, 2010 AGENDA ITEM NO. 11 EM TITLE: Resolution of the City Council of the City of National. City Authorizing the Mayor to Execute the Agreement between the City of National City and San Diego Sports Medicine and Family Health Center for Wellness Program Services. (FIRE) PREPARED BY: Walter Amedee DEPARTMENT: Fir PHONE: 619-336-4556 APPROVED BY: EXPLANATION: Over the last three years, the National City Fire Department (NCFD) has participated in the San Diego Firefighters Regional Wellness Program (now known as the San Diego Sports Medicine and Family Health Center). The Agreement expired on November 6, 2009. The City was recently awarded a grant to continue to participate in the Wellness Program. In order to participate in the Wellness Program, the NCFD needs to have an Agreement in place in order to participate. Staff recommends the City Council authorize the Mayor to execute the Agreement. FINANCIAL STATEMENT: ACCOUNT NO. 001-412-125-299-0000 The grant match of $9,664 will come from the existing NCFD Medical Services Account. The grant will provide $38,656. ENVIRONMENTAL REVIEW: APPROVED: APPROVED:-t A`°`1") ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Staff recommends the City Council authorize the Mayor to execute the Agreement. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Agreement between the City of National City and San Diego Sports Medicine and Family Health Center for Wellness Program Services. 2. Resolution. RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH SAN DIEGO SPORTS MEDICINE AND FAMILY HEALTH CENTER FOR WELLNESS PROGRAM SERVICES WHEREAS, the City of National City's Fire Department seeks to enhance its existing wellness -fitness program; and WHEREAS, the City of National City's Fire Department applied and received approval for grant funds from the FY 2009 Assistance to Firefighters Grant in the amount of $38,656 or 80% to be used to join the San Diego Sports Medicine and Family Health Center for Wellness Program; and WHEREAS, the City of National City is required to allocate $9,664 or a 20% match to receive the grant funding; and WHEREAS, the City of National City's Fire Department determined that the San Diego Sports Medicine and Family Health Center for Wellness Program has the expertise, experience, and personnel necessary to provide wellness program services required by the City of National City's Fire Department; and WHEREAS, the City of National City and San Diego Sports Medicine and Family Health Center for Wellness Program desire to enter into a contractual relationship which makes San Diego Sports Medicine and Family Health Center for Wellness Program the health provider agency of the City of National City's Fire Department's Wellness Program. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the Agreement between the City of National City and San Diego Sports Medicine and Family Health Center for Wellness Program for wellness program services. Said agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 16th day of March, 2010. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND SAN DIEGO SPORTS MEDICINE AND FAMILY HEALTH CENTER FOR WELLNESS PROGRAM SERVICES THIS AGREEMENT is made, entered into, and effective as of the latest date set forth on the signature page hereto, by and between the City of National City on behalf of the National City Fire Department (NCFD), with its principal place of business located at 1243 National City Boulevard, National City, CA. 91950 and San Diego Sports Medicine & Family Health Center (SDSMFHC), A Medical Corporation, with its principal place of business located at 6699 Alvarado Road, Suite 101, San Diego, CA 92120. RECITALS WHEREAS, the NCFD will participate in the San Diego Firefighters Regional Wellness Program (SDFFRWP) which is in compliance with the International Association of Fire Fighters (IAFF) and the International Association of Fire Chiefs (IAFC) Health and Wellness Initiative guidelines; and WHEREAS, the NCFD has determined SDSMFHC has the expertise, experience, and personnel necessary to provide Wellness Program services required by the NCFD and described in the IAFF/IAFC Fire Service Joint Labor Management Wellness -Fitness Initiative (IAFF, 1999, ISBN# 0-942920-36-8) (http://www.iaff.org/safe/wellness2.html). The program described in IAFF/IAFC Fire Service Joint Labor Management Wellness - Fitness Initiative (IAFF, 1999, ISBN# 0-942920-36-8) shall henceforth be described as the "Wellness Program" or "NCFD's Wellness Program"; and WHEREAS, the City of National City and SDSMFHC desires to enter into a contractual relationship which makes SDSMFHC the health provider agency of the NCFD's Wellness Program; NOW THEREFORE, in consideration of the mutual covenants and conditions set forth herein and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: Section 1. Compensation. 1.1 The City of National City and SDSMFHC agree to pay and bill respectively in accordance with the rates, fees and restrictions set forth in Item 1.2, 4.1,4.2.9, 4.3, and 4.4 of this agreement. 1.2. SDSMFHC shall provide an invoice for services rendered during a calendar month to the NCFD by the 10`h day of the next month. Services will be itemized, and presented in the following categories: 1.1.1. Clinical services 1 1.1.2. Consultation services 1.1.3. Lecture and workshop services Section 2. Term. 2.1. Term. The term of this Agreement shall be for a period of one (1) year from the effective date hereof. 2.2. Options to Renew. By mutual consent, this agreement may be renewed for three (3) one (1) year options, each for a period of one (1) year after the expiration of the original term, or the preceding one-year option term. Each option term shall be renewed on the same terms as this Agreement, except that the rates in section 4.1, 4.29, 4.3 and 4.4 may be increased or decreased by mutual written agreement of the parties. Any rate changes shall be made at the time of exercise of the option, to take effect at the beginning of the new one year period unless otherwise agreed to in writing by the parties. 2.3. Exercise of Option to Renew. The City of National City shall give notice in writing of their intention to renew at least sixty (60) days prior to the expiration of the Agreement, or of the prior option term. If notice is provided by the NCFD to SDSMFHC, such notice shall be sent by mail addressed to: Katie Rusk, Project Manager San Diego Sports Medicine & Family Health Center 6699 Alvarado Road, Suite 101 San Diego, CA 92120 Section 3. NCFD Obligations. 3.1 Administration. The Chief of the NCFD or designated representative shall administer this Agreement on behalf of the NCFD and represent the NCFD in all matters pertaining to the Agreement. Section 4. SDSMFHC Obligations. 4.1. Wellness Program Services. SDSMFHC agrees to provide services rendered at the location identified in Item 4.2 below, to NCFD employees participating in the Wellness Program (hereinafter "NCFD Employees"), at the fees for service identified in Item 4.3. SDSMFHC agrees to perform and/or coordinate all services identified in the Fire Service Joint Management Wellness - Fitness Initiative. The five components are Medical, Fitness, Injury Prevention and Rehabilitation, Behavioral Health and Data Collection. SDSMFHC agrees to provide the following services and/or collection of information: 2 a. Prior to Medical Evaluation SDSMFHC agrees to provide all the necessary forms, reports, and documentation for the requested information listed below: Introductory letter describing the Firefighter Initiative Health history/Lifestyle questionnaire Health risk assessment Exercise risk assessment Participant information HIPAA information and acknowledgment Nutrition and diet analysis Arbitration agreement Explanation of testing procedures Instructions for participation Laboratory requisition (participant will have labs drawn at least one week prior to evaluation) Respiratory fit clearance form Directions to facilities SDSMFHC will coordinate and provide staff to have blood drawn for lab analysis at designated fire stations at least one week prior to the participants' Wellness evaluation. The cost of this mobile service is included in the package price for the Medical Fitness Evaluations listed in section 4.3. b. Medical Evaluation Each participant will receive the following evaluations and follow up at the SDFFRWP Wellness Center: Vitals: height, weight, blood pressure, pulse, temperature and respirations Complete hands-on physical examination by a Physician or Physicians Assistant (PA). Blood profile including a CBC, chemistry panel and lipid panel. TSH screening (cardiovascular risk screening) is optional and at an additional cost in accordance with the fee schedule. Chest x-ray Pulmonary Function Test, including lung volume and flow rate 12 lead EKG Lifestyle Questionnaire and Nutritional Risk Assessment Hearing and Vision screening Cancer screening, as appropriate, at an additional cost, including PSA, Hemocult, Pap Smear, Mammogram, CA-125. DOT/DMV physical form 3 c. Fitness Evaluation Maximal/Sub-Maximal (age determined) Exercise Test monitored by a 12 lead EKG Body Composition Abdominal Endurance Crunch Test Push-up Evaluation of Upper Body Strength and Endurance Grip Strength utilizing a hand dynamometer Leg Strength using the Jackson Strength Evaluation System Arm Strength using the Jackson Strength Evaluation System Functional Movement Screening Flexibility evaluation In addition to the requested evaluations, assessment of low hack muscular endurance at initial fitness evaluation using the Biering-Sorensen Test will be performed at no additional cost d. Schedule for Medical and Fitness Evaluations For each individual participating in the program: 45-60 minutes with Physician: physical exam, review labs and other test results 45-60 minutes with Exercise Physiologist: treadmill test, exercise consult, nutrition consult 45 minutes with Strength and Conditioning Personnel: strength, flexibility, body composition 45 minutes with Medical Assistant: vitals, vision, blood draw, hearing, pulmonary function, chest x-ray, review history and immunizations e. Follow-up Consultation with Physician at time of initial appointment. Follow-up on findings from annual examinations will be reviewed by the physician at time of evaluation. Abnormal findings on the annual physical will be addressed with specific recommendations to control or remedy the abnormality, and with recommendations for follow up or referral. Referrals will be made as appropriate for non -service connected issues, using the participants Primary Care Provider. f. Personalized feedback from Exercise Physiologist and Athletic Trainer/Peer Fitness Trainer: lndividual's level of fitness Level of improvement since past assessments Realistic evaluation of the individual's physical capacity to safely perform assigned jobs Suggested exercise program Comprehensive wellness/fitness program recommendations Firefighter Physical Performance Standard Score Physical Fitness Age Assessment 4 g• Personalized written Health and Wellness Report Each firefighter will receive an individual packet of the medical and fitness evaluation that outlines his/her results. The report will outline recommendations for each individual to improve and maintain fitness, as well as recommend treatment or follow up for any medical condition. Educational material regarding various health topics will be included in the packet. h. Reporting and Recommendations SDSMFHC agrees to incorporate the current criteria used in Respiratory Fitness Clearance and Department of Motor Vehicles medical evaluations with regard to findings and risks. It is not the intention of the Wellness Program to re -define the existing fitness -for -duty criteria. Strict confidentiality and maintenance of records will be adhered to throughout any reporting and/or referral procedures. J• Data Collection SDSMFHC will provide scientific and technical support related to data collection and analysis. Data shall be collected an stored on the electronic database designed by SDSMFHC specifically for the Services to be performed under this agreement. Data Collection services shall include the following: a. Storage of past, current and future data on a secure server. Data shall be backed up weekly and kept at a remote location. b. Analysis of data for errors, omissions and outliers. Statistical analysis shall be performed to summarize the demographic medical fitness outcomes on each individual as well as the group as a whole. c. Development of an annual report which shall be presented to Senior NCFD Staff which identifies health trends and concerns. d. Development of new strategies for data collection and reporting. e. Evaluating and analyzing data for individual and group disease management. f. Integrating data with other fire depaitinents in a confidential manner in compliance with all federal and state law. Education Program SDSMFHC will provide educational hours over the year for Wellness participants. The Education component will be multifaceted in its delivery. The intent of the Education Component is to address those areas of interest and concern for the health and fitness of the National City Firefighters. The Education Component shall include the following: a. Nutrition station as part of the annual physical; b. Biannual newsletter; c. Stations visits which will include, but not be limited to educational sessions on exercise, fitness, nutrition and health related topics. 5 d. Individual counseling for high risk individuals and those with specific nutrition and exercise needs; e. Development of educational material for Personal Profile and group education projects (i.e. Fiber challenge, Big Bum Challenge, Body Blast workout, Health Fire Fighter recipes; f. Providing resources and Consultant staff on health and fitness related issues (i.e. return to work issues, training issues, Cross Fit, medical advice regarding injury treatment and more) g. Providing a Registered Dietician to help those individuals with high risk nutritional/health related problems. h. Providing an Athletic Trainer to help those individuals with specific injury related problems identified by Physician. The Education Program consists of initial education, as well as recurrent education. Fees for the initial portion of the Educational Program are included in the set fee for Medical and Fitness Exams for Wellness Participants. k. Hazardous Materials Technician Physical Some of the firefighters in the NCFD may be designated as Hazardous Materials Technicians. Their special requirements for a physical will include the following: a. All of the components and procedures of the Respiratory Fit Evaluation b. Blood testing consisting of CBC, chemistry panel and heavy metals (arsenic, mercury and lead) and archiving of the results on entrance into the Hazardous Materials Program. c. Cholinesterase on a yearly basis. d. Any additional blood testing required for specific or known exposure e. EKG f. Treadmill immunizations SDFFRWP agrees to offer NCFD, at NCFD discretion, employees on -duty influenza immunization and PPD (Tuberculosis) testing at strategic locations throughout the NCFD, as identified by the NCFD and agreed upon with the Wellness Officer, and charged according to the fee schedule in 4.3. These services are mobilized and can accommodate 30 participants at one time. Each participant will complete a consent form describing risk and benefits of vaccines and PPD placement. Each participant will receive the immunization and/or PPD. A licensed individual will be present to administer or supervise administration of the immunization or PPD. The PPD will be read within 48 to 72 hours by a certified individual. Scheduling will be determined by the NCFD and agreed upon with the Wellness Officer. 6 m. Other Immunizations All immunization records and history of immunizations (that Participants provide) will be kept in patients chart. Review of immunizations will be made at the time of Wellness physical or respiratory fit exam. Necessary immunizations including Hepatitis B will be given at that time and charged according to the fee schedule in 4.3. Additional immunizations as part of a series will be administered on an individual basis at the Wellness Center, scheduled by the Wellness Officer. All immunizations will be preauthorized by the City of National City. 4.2. SDFFRWP Wellness Program Facilities. 4.2.1. Wellness Program Locations. SDFFRWP agrees to provide Wellness Program services to NCFD Employees at the following location: SAN DIEGO FIREFIGHTERS REGIONAL WELLNESS CENTER (Hosted by San Diego Sports Medicine and Family Health Center) 6699 Alvarado Road, Suite 101, San Diego, CA 92120 4.2.2. Staffing and IIours of Operation. SDSMFHC shall maintain a medical facility staffed by licensed physicians and technicians during business hours. In agreement with the City of National City, SDSMFHC shall commit to the days and hours of operation to comply with the goals of the Wellness Program and the Wellness Initiative. 4.2.3. Priority Appointments. SDSMFHC shall maintain a licensed physician or physician assistant available to examine and treat NCFD Employees that have arrived for their appointment. 4.2.4. Medical Specialists. SDSMFHC shall have "on call" medical specialists to examine patients either at the facilities listed above or at the specialist's office, for medical emergencies and follow-up care. 4.2.5. Medical Consultants. SDSMFHC shall maintain a list of medical specialty consultants for referral to NCFD Employees. 4.2.6. Other Medical Services. SDSMFHC shall provide radiological facilities on -site at the Wellness Center to facilitate comprehensive examinations. 4.2.7. Weekend and Evenings. The Wellness Center will not operate on weekends or evenings. 4.2.8. Cancelled/Delayed appointments. The NCFD is engaged in "All - Risk" emergency services, 24-hours a day. Due to unforeseen emergencies (fires, major incidents, disasters, etc.), it may be possible that an 7 emergency crew and/or support personnel are otherwise engaged in emergency operations and unable to keep their appointment at the Wellness Center. All efforts will be made to provide personnel that are ready for their Wellness Center evaluation. The days of operation and the number of personnel to receive the services will be determined based on an annual schedule and the need of NCFD and will be in consultation with the Wellness Officer. 4.2.9. Vacancy Fee. Despite the best efforts of the NCFD and/or appointed personnel assisting in scheduling Wellness activities, there may he occurrence that scheduled NCFD employees are NOT present for evaluation. The City of National City will pay a vacancy fee of $ 1 00 for any occurrence after two occurrences in any calendar month applicable only to days of operation. 4.3. Pricing of Services. The following prices have been established at the initiation of this agreement, and as referred in items 4.1, 4.3. The fees for all services excluding labs and vaccinations shall be increased at a rate of 5% of the cost from the prior fiscal year. Influenza Vaccinations, PPD testing and Labs will be priced based on the current market value. CLINICAL SERVICES COST Medical Fitness Evaluation $1299.00 per participant Administration Included Facilities and Maintenance Included DMV exam and paperwork only $100.00 per participant Respiratory Fit Exam only $125.00 per participant Hazardous Materials Technician Physical $660.00 per participant Influenza Vaccinations $15.00 per participant* PPD testing $18.00 per participant* Immunizations as Requested Hepatitis A Vaccine Hepatitis B Vaccine $75.00 per participant* Hepatitis B Titer $70.00 per participant* Tetanus/Adacel $70.00 per participant* $50.00 per participant* Labs COST General Labs (No MedFit Eval) Hearing (No MedFit Eval) PSA Hemocult $40 per participant $40 per participant $40 per participant $20 per participant 8 Pap Smear Mammogram Chest Xray (No MedFit Eval) Cholinesterase Resting EKG (No MedFit Eval) Treadmill (No MedFit Eval) Heavy Metals Testing $75 per participant $175 per participant $60 per participant $46 per participant $50 per participant $225 per participant $150 per participant CONSULTATION SERVICES COST Physician Consultation $300.00 per hour Physical Therapy Consultation Physical Therapy Services $100.00 per hour $75.00 per hour LECTURE & WORKSHOP SERVICES COST Back Workshop $600.00 per lecture Nutritional and health related lectures $200.00 per lecture to $500.00 per lecture * Fees may be adjusted during the term of this agreement based on changes in current market price and availability of the vaccines. The adjusted fee will be determined by the average price of the vaccine or PPD through other local providers, plus 10% for administration. The decision to provide these services rests with the NCFD. 4.3.1. Pre -Paid Fees for Services. Any pre -paid fees for service will he reimbursed back to the City of National City upon dissolution of this agreement. 4.4. Safety/Preventive Services. 4.4.1. SDSMFHC agrees to make available consulting/training in the area of safety/prevention services at the following rates: a. Physician time billed at $300 an hour. b. Non -physician time billed at $100 an hour. 4.5. Prescriptions. It is not the intention of this Agreement or the City of National City that medications shall be dispensed during the scope of the Wellness Program. If the consulting physician identifies a need to prescribe a medication, he/she can provide a prescription at no additional cost, until the employee can follow-up with his/her own physician, or make a referral to the employee's own physician. The City of National City shall not reimburse either the employee or SDSMFHC for prescription or non-prescription medications. 9 4.6. Vision and Audiometric Examinations. SDSMFHC agrees to provide vision and audiometric examinations to NCFD Employees as referenced by guidelines published by the California Department of Motor Vehicles (DMV). 4.7. Respiratory Examinations. SDSMFHC agrees to provide respiratory examinations to NCFD Employees as referenced by guidelines published by the Occupational Safety and Health Administration (OSHA). 4.8. Performance Standards. It is the intent of SDSMFHC and the City of National City to provide quality medical care and other Wellness services for NCFD Employees. To maintain and improve the quality, access, availability, and cost-effectiveness of the services provided under this Agreement, SDSMFHC and the City of National City each agree to use their best efforts to develop means and standards for measuring the performance of NCFD under the Agreement, including, but not limited to the following: 4.8.1. Measurement of Key Performance Indicators, including Workers' Compensation savings, vital signs, cholesterol levels, and subjective surveys of participant's satisfaction. 4.8.2. Comparison of these indicators with other fire Departments as available through the international Association of Fire Fighters (IAFF) Wellness Initiative database. 4.8.3. Comparison of these indicators with other fire Departments as available through the San Diego County Fire Chiefs Association (to be determined). 4.8.4. Other factors to be established by SDSMFHC and the City of National City. 4.9. SDSMFHC Representative. SDSMFHC shall designate Richard Parker, D.O, FAOASM, to represent SDSMFHC in all matters pertaining to this Agreement. Section 5. Administrative Services 5.1. Periodic Meetings. Subject to any state and federal privacy laws, SDSMFHC agrees to meet with the NCFD's staff as scheduled to confidentially discuss program issues, utilization of medical specialties, utilization of physical therapy, trends and any topic of interest pertaining to the Wellness Program. 5.2. Work -Related Injuries: Initial Medical Reporting. While it is not the intent of the Wellness Program to diagnose or otherwise treat any suspected work - related injuries, in the course of a Wellness/Fitness evaluation a suspected work - related injury or illness may be discovered. SDSMFHC shall refer all NCFD 10 employees, with a suspected work -related injury or illness, to the NCFD for coordination of medical care, unless a life threatening medical emergency exists that requires medical treatment. SDSMFHC will direct the employee to follow all NCFD procedures for reporting a work related injury or illness. Following any emergency medical treatment, SDSMFHC shall report the treatment to the NCFD for the purposes of follow-up medical treatment. In the case of emergency medical treatment, SDSMFHC shall provide the NCFD with a Doctors First Report of Work Injury or Illness (form 5020) within two days of initial treatment and all billing. SDSMFHC is not authorized to determine causation of any suspected work related injury or illness. 5.3. Work -Related Injuries: Medical Reports and Billings. SDSMFHC shall use those reports, billings and associated forms in a format approved by the NCFD for any and all work related injuries reported. 5.4. Maintenance of Medical Reports. SDSMFHC shall accurately maintain, store and retrieve employee medical files during the period of this Agreement in accordance with all applicable laws and regulations. 5.5. Confidentiality. SDSMFHC shall ensure security of the medical records for all Wellness Program participants and shall ensure compliance with all State and Federal Privacy Laws. At no time shall SDSMFHC release confidential medical records to the City of National City without written authorization from the employee. 5.6. Testimony. SDSMFHC shall, upon reasonable notice, submit to depositions and testify at court if requested by the City of National City at the contracted physician consulting rate in 4.3. 5.7. Return -to -Work Consulting. SDSMFHC shall provide consulting services by working with NCFD staff on returning injured NCFD employees, when appropriate, to modified duty at the contracted physician consulting rate in 4.3. 5.8. Special Treatment Consulting. SDSMFHC shall provide recommendations to Wellness Participants regarding surgical options, special medical treatments, or other special medical procedures identified during the Wellness exam as requiring such treatment or services at the contracted physician consulting rate in 4.3. 5.9. Authorization for Patient Referral. SDSMFHC shall insure that the employee is instructed that any referral made to a specialist or hospital will NOT be reimbursed by the Wellness Program unless authorized by both the Medical Director and the Project Manager. 11 Section 6. Indemnification and Hold Harmless. 6.1. SDSMFHC agrees to defend, indemnify, protect and hold the City of National City and its agents, officers 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 NCFD's employees, agents or officers, which arise from or are connected with or are caused or claimed to be caused by the sole negligence or sole willful misconduct of SDSMFHC and its employees in performing the work or services or supplying the materials or equipment under this Agreement, and all expenses, of investigating and defending against same; provided, however, that SDSMFHC's duty to defend, indemnify and hold harmless shall not include any claims or liability arising from the sole negligence or sole willful misconduct of the City of National City, its agents, officers or employees. This shall not prejudice the right of the City of National City to appear in such suit, participate in the defense, and take such actions as may be necessary to protect the interests of the City of National City. If the City of National City chooses, at its own election, to obtain independent legal counsel in defense of any claim against the City of National City, related to the performance by SDSMFHC under this Agreement, then the City agrees to pay the reasonable value of attorney's fees and costs for such independent legal counsel, however, the SDSMFHC shall not be obligated to pay attorney's fees at an hourly rate greater than the hourly rate charged by its defense attorneys in the same matter. SDSMFHC's obligations under this section shall be reduced dollar for dollar by any amounts the City of National City is awarded in such action for attorney's fees and costs. 6.2. The City of National City agrees to defend, indemnify, protect and hold SDSMFHC and its agents, officers 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 SDSMFHC employees, agents or officers, which arise from or are connected with or are caused or claimed to be caused by the sole negligence or sole willful misconduct of the City of National City and its agents, officers or employees in performing the work or services or supplying the materials or equipment under this Agreement, and all expenses, of investigating and defending against same; provided, however, that the City of National City's duty to defend, indemnify and hold harmless shall not include any claims or liability arising from the sole negligence or sole willful misconduct of SDSMFHC its employees, agents and officers. This shall not prejudice the right of SDSMFFIC to appear in such suit, participate in the defense, and take such actions as may be necessary to protect the interests of the SDSMFHC. If SDSMFHC, chooses, at its own election, to obtain independent legal counsel in defense of any claim against the SDSMFHC, related to the performance of the City of National City under this Agreement, then the City of National City agrees to pay the reasonable value of attorney's fees and costs for such independent legal counsel, however, the City of National City shall not be obligated to pay attorney's fees at an hourly rate greater than the hourly rate charged by its defense attorneys in the 12 same matter. The City of National City's obligations under this section shall be reduced dollar for dollar by any amounts SDSMFHC is awarded in such action for attorney's fees and costs. Section 7. Termination. This Agreement shall renew annually as set forth in Item 2. This Agreement may be terminated for any reason by either party giving ninety (90) days written notice to the other party's designated representative, provided that the Indemnification and Duty to Defend provisions in Item 6 shall survive such termination, for a period of one year. Notice under this provision shall be communicated in writing in person or by certified mail, return receipt requested as follows: If to SDSMFHC: Richard Parker, D.O., FAOASM 6699 Alvarado Road, Suite 101 San Diego, CA 92120 If to City of National City: National City Fire Department 1243 National City Boulevard National City, CA 91950 Section 8. Equal Opportunity. SDSMFHC shall comply with the City of National City's Equal Opportunity Program. Section 9. Drug -Free Workplace. Upon execution of this Agreement and all subsequent extensions, SDSMFHC agrees to comply with any requirements set forth in City of National City policy regarding drug - free workplace. Section 10. Americans with Disabilities Act Statement. SDSMFHC shall be responsible for complying with the 1990 Americans with Disabilities Act (ADA). (For specific services and public accommodations, SDSMFHC may contact the Office of the Americans with Disabilities Act, Civil Rights Division, U.S. District of Justice, P.O. Box 66118, Washington, D.C. 20035-6118; phone number (202) 514-0301.) Section 11. Integration. This Agreement, and all rights and obligations created by this Agreement, shall be in full force and effect whether or not any parties to the Agreement have been succeeded by another entity, and all rights and obligations created by this Agreement shall be vested and binding on any party's successor in interest. 13 Section 12. Compliance with Controlling Law. SDSMFHC shall comply with all laws, ordinance, regulations, and policies of the federal, state, and local governments applicable to this Agreement. In addition, SDSMFHC shall comply within a reasonable time after receiving written notice by NCFD with all directives issued by the NCFD or its authorized representatives under authority of any laws, statutes, ordinance, rules, or regulations. The laws of the State of California shall govern and control the terms and conditions of this Agreement. Section 13. Jurisdiction and Venue. The venue for any suit or proceeding concerning the Agreement, the interpretation or application of any of its terms, or any related disputes shall be in the County of San Diego, State of California. Section 14. No Waiver. No failure of either the City of National City or SDSMFHC to insist upon the strict performance by the other of any covenant, term or condition of the Agreement, nor any failure to exercise any right or remedy consequent upon a breach of any covenant, term, or condition of the Agreement, shall constitute a waiver of any such breach or of such covenant, term or condition. No waiver of any breach shall affect or alter this Agreement, and each and every covenant, condition, and term hereof shall continue in full force and effect to any existing or subsequent breach. Section 15. Severability. The unenforceability, invalidity, or illegality of any provision of this Agreement shall not render any other provision of this Agreement unenforceable, invalid, or illegal. Section 16. Drafting Ambiguities. The Parties agree that they are aware they have the right to be advised by counsel with respect to the negotiations, terms and conditions of this Agreement, and the decision whether or not to seek advice of counsel with respect to this Agreement is a decision which is the sole responsibility of each Party. This Agreement shall not be construed in favor of or against either Party by reason of the extent to which each Party participated in the drafting of this Agreement. Section 17. Signatures —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. This Agreement shall not be effective until the execution and delivery between each of the parties of at least one set of counterparts. The parties authorize each other to detach and combine original signature pages and consolidate them into a single 14 identical original. Any one of such completely executed counterparts shall be sufficient proof of this Agreement. IN WITNESS WHEREOF, this Agreement is executed by the City of National City, acting by and through its Mayor and by SDSMFHC, acting by and through its Wellness Director. CITY OF NATIONAL CITY Dated: By Ron Morrison City of National City Dated: By: Richard Parker, D.O., F.A.O.A.S.M. Wellness Director San Diego Sports Medicine & Family Health Center 15 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 16, 2010 AGENDA ITEM NO. 12 _ _ EM TITLE: Resolution of the City Council of the City of National City ratifying warrants totaling $44,876.10to refund the business license administrative fees and business license renewal fees, $21.50 and $10.50 respectively, charged for the period of September 2008 to October 2009. The total cost to refund is $49,409.12(General Fund) PREPARED BY: Jeanette Ladrido, CP DEPARTMENT: Finan PHONE: 619-336-4331 APPROVED BY: EXPLANATION: As a result of the court case entitled Weisblat v. City of San Diego, the City Council authorized staffto refund business license administrative fees and business license renewal fees, $21.50 and 10.50 respectively, charged for the period of September 2008 to October 2009. Staff reported that it would be a labor intensive process because the detail payee data resides in the business license sub -system and no electronic interface exists to electronically populate refunds. Staff estimated that refunds would he issued within 90 days of Council's authorization to refund license administrative fees. Michal Piasecki Consulting assisted in bridging the business license system to the accounting system. The number of warrants issued was 3,233 and totaled $44,876.10 and has been issued within 45 days of Council's authorization. The total cost of refunding the fees are as follows: Administrative Fees/Renewal Fees 44,876.10 Checks, envelopes, postage 1,743.02 Programming cost 2,790.00 Total cost: 49,409.12 FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. 001-04045-3101 APPROVED: The total cost of refunding the fees was 49,409.12. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Ratify warrants totaling $ 44,876.10. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: rrant register totaling 44,876.10 RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RATIFYING WARRANTS TOTALING $44,876.10 TO REFUND THE BUSINESS LICENSE ADMINISTRATIVE FEES AND BUSINESS LICENSE RENEWAL FEES, $21.50 AND $10.50 RESPECTIVELY, CHARGES FOR THE PERIOD OF SEPTEMBER 2008 THROUGH OCTOBER 2009 WHEREAS, in a case entitled Weisblat v. City of San Diego, the Fourth District Court of Appeal invalidated administrative fees charged by the City of San Diego to offset the City's costs in collecting business license taxes finding that while a city could impose fees to offset the costs of providing services, the services provided must be "regulatory" in nature, that is, they must be charged in connection with regulatory activities (such as conducting health and safety inspections); and WHEREAS, on October 20, 2009, in response to the Weisblat case, the City Council adopted Resolution No. 2009-261 to delete from the City's Fee Schedule a Business License Administrative Application Fee of $21.50, and a Business License Administrative Fee of $10.50, which were similar to the fees involved in the Weisblat case; and WHEREAS, the City desires to reimburse the business owners who paid the Administrative Fees in 2009 before the City Council rescinded the fees by issuing refund checks in the appropriate amounts to those business owners in the total amount of $44,876. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby ratifies warrants totaling $44,876.10 to refund business license administrative fees and business license renewal fees, $21.50 and $10.50 respectively, charged for the period of September 2008 through October 2009. PASSED and ADOPTED this 16th day of March, 2010. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, 1I1 City Attorney + CALIFORNIA - NATIONA.L CF1rV INCORPORATED ADMINISTRATIVE COST OF BUSINESS LICENSE REIMBURSEMENT 3/1/2010 DESCRIPTION AMOUNT Total of Business License Checks 44,876.10 Checks 343.35 MICR Toner 104.21 Envelopes 131.58 Professional Services - Programming 2,790.00 Postage 1,163.88 $ 49,409.12 Total checks printed: 3233 1/71 BUSINESS LICENSE ADMINISTRATIVE REFUND REPORT March 1, 2010 Business Name Amount 100% NATURALL 10.50 16TH STREET BARBER SHOP 10.50 1-800-RADIATOR 21.00 1-DAY PAINT & BODY CENTERS INC 10.50 20-50-80 OFF 10.50 3 D AUTO DETAIL 10.50 3-D ENTERPRISES INC 32.00 3N1 ELECTRIC 21.50 5 MOTORES EN MI VIDA 21.50 5 STARS BARBER SHOP 10.50 54/NATIONAL SELF STORAGE LLC 10.50 5M CONTRACTING 32.00 7 ELEVEN #13564 F 10.50 7-ELEVEN 20785-B 10.50 7-ELEVEN 17265 F 10.50 7-ELEVEN STORE#18218D 10.50 8TH PLAZA CHIROPRACTIC 10.50 99 CENT STORE PLUS 10.50 99 CENTS ONLY STORES #101 21.00 99 CENTS PLUS MARKET 10.50 A & D FIRE PROTECTION 10.50 A & D HAWAIIAN B.B.Q. 21.50 A & F ASPHALT PAVING 10.50 A & K TAX SERVICE 10.50 A & M REINFORCING SPECIALISTS 10.50 A & S FLOORING INC 10.50 A & T WHOLESALE ELECTRIC & L 10.50 A 1 HYDRAULICS SERVICE 10.50 A A COLLECTIBLES 10.50 A AND L VENDING 10.50 A B & A CUSTOM WHEELS & 10.50 A B C AUTOBUYERS 10.50 A B C METALS INC (A-1 ALLOYS 10.50 A B C METALS INC (A-1 ALLOYS) 10.50 A B C SUPPLY COMPANY 10.50 A GARAGE DOOR & GATE STORE INC 10.50 A MIRROR DECOR 10.50 A NEW LOOK AUTO BODY & PAINT 21.50 A TOUCH OF GOLD 10.50 A.B.0 ICE CREAM TRUCK CO. 10.50 A.M. ORTEGA CONSTRUCTION INC 10.50 A.O. REED & CO INC 10.50 A.Z.A.P. CAPS AND TEES SCREEN- 10.50 A-1 ALL AMERICAN ROOFING 10.50 A-AMERICAN SELF STORAGE 10.50 ABB PROPERTY MANAGEMENT 21.00 BUSINESS LICENSE ADMINISTRATIVE REFUND REPORT March 1, 2010 Business Name Amount ABBEY PARTY RENTS ABBOTT INDUSTRIES ABBOTT LABORATORIES INC ABC CONSTRUCTION CO. ABC RECON LLC ABC ROOF COMPANY ABDELSAYED ABDUL MUHSSEN ALISTWANI ABLE GLASS SERVICE ABS ELECTRIC ACADEMIC ASSOCIATES LEARNING CENTER ACCENT ENERGY CALIFORNIA LLC ACE HEALTH SYSTEMS ACE TOURS ACOUSTIC WORKS INC ACRO INSTRUMENTS COMPANY ACROPOLIS SPACE CENTER ACTION AIR CONDITIONING & ACTION TARGET ACTIVE SIGN COMPANY ADAN CRUZ ROOFING ADELA VALANZAR ADELAIDA GARCIA ADELAIDO RENTERIA ADRIAN D McINNIS ADRIANA'S INSURANCE SERVICES INC ADS ADT SECURITY SERVICES INC. ADVANCE AMERICA CASH ADVANCE ADVANCE AMERICA/CASH ADVANCE 987 ADVANCE PLASTICS ADVANCED ELECTRICAL SOLUTIONS ADVANCED MRF LLC ADVANCED PROTECTION SYSTEMS ADVANTAGE TOWING AEROPOSTALE #654 AFFORDABLE WATER HEATERS PLMBG AFG BUSINESS ESSENTIALS AGARMA REALTY INC AGNEW DAY CARE HOME AGUILAR AGUINALDO REALTY & MORTGAGE AHLEE BACKFLOW SERVICE AILEEN L ARCE DDS AIRE RITE AIRCONDITIONING & REF AIRGAS WEST INC 10.50 10.50 10.50 10.50 10.50 21.50 10.50 10.50 21.50 21.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 21.50 10.50 21.50 21.50 10.50 21.50 32.00 10.50 21.50 10.50 10.50 10.50 10.50 21.50 21.50 10.50 21.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 2/71 3/71 BUSINESS LICENSE ADMINISTRATIVE REFUND REPORT March 1, 2010 Business Name Amount AIR-TEK 10.50 AKAL ARCADE CONTRACTING INC 32.00 ALARMS UNLIMITED INC 10.50 ALAS CARGO LLC 10.50 ALATORRE TELECOM -SUBCONTRACTOR 10.50 ALBARRAN 10.50 ALCALA CO. 10.50 ALCEM FENCE CO INC 10.50 ALDO US INC 10.50 ALDRETE AVINA RAQUEL 10.50 ALFONSO 10.50 ALGERT ENGINEERING INC 10.50 ALI 10.50 ALIANZA LATINO AMERICANA-S.D. 10.50 ALIDAN'S BEAUTY BARBER & NAILS 10.50 ALL - PRO AUTO REPAIR 10.50 ALL AMERICAN PLASTIC BAGS 10.50 ALL CITY PODIATRY CLINIC 10.50 ALL SERVICE CLEANERS 21.50 ALL STAR WATER HEATERS 10.50 ALL TYPES OF BASEBOARD 10.50 ALL VALLEY FIRE PROTECTION 21.50 ALL WIRELESS CONNECTIONS 10.50 ALLANO HOT LIKE FIRE BEAUTY IMAGE 21.50 ALLERGAN USA INC 10.50 ALLIED BARTON SECURITY SVC 10.50 ALLIED PIPING AND WELDING INC. 21.00 ALLNICK LAUNDERLAND 10.50 ALLSTAR WATER SYSTEMS 10.50 ALLSTOP PEST CONTROL 10.50 ALM WINDOW & DOOR INC 10.50 ALMA CRISTINA HERNANDEZ 21.50 ALMA ROSA GONZALEZ 10.50 ALOHA INSURANCE SERVICES 21.00 ALOTTAS COCKTAIL LOUNGE 10.50 ALOUETTE PRE-SCHOOL 10.50 ALPHA TECHNICAL SERVICES 21.50 ALPIN TACO SHOP 21.50 AL'S ELECTRIC MOTORS 10.50 ALSCO LINEN SERVICE 10.50 ALTA DRYWALL 21.50 ALTA-DENA DAIRY 10.50 ALVARO POMPA 21.50 ALVIZIA LANDSCAPE INC 10.50 AMAZING TOYS 21.50 AMC JANITORIAL & MAINTENANCE 10.50 y BUSINESS LICENSE ADMINISTRATIVE REFUND REPORT March 1, 2010 Business Name Amount AMC THEATRES PLAZA BONITA 14 AMEE BAY LLC AMELIA ESCALANTE AMER! MEX PLBG & HTG & AIR AMERICAN ASPHALT SOUTH INC AMERICAN ATHLETIC CLUB AMERICAN AUTOMATIC FIRE AMERICAN CANCER SOCIETY AMERICAN COUNTERTOPS INC AMERICAN DESIGN COATINGS INC AMERICAN EAGLE OUTFITTERS #076 AMERICAN FENCE COMPANY AMERICAN FORENSIC NURSES AMERICAN GREETINGS #136 AMERICAN HOME CRAFT AMERICAN INSTITUTE OF GNOSTIC AMERICAN INSULATION AMERICAN IRON AMERICAN LEGION POST #255 AMERICAN LIGHTING SUPPLY AMERICAN MECHANICAL SER. OF AMERICAN MEDICAL RESPONSE AMERICAN MUSHROOM INC. DBA AMERICAN PEST CONTROL CO AMERICAN PRO -COATING AMERICAN RESIDENTIAL SERVICES AMERICAN ROTARY BROOM CO INC AMERICAN TECHNOLOGIES INC AMERI-FORCE CRAFT SERVICES INC AMERIGUARD SECURITY INC AMERMEX INC AMP ELECTRIC AMPELIO PICAZO AMPM MECHANICAL AMSEC LLC. AMY'S BEAUTY SALON ANA L HERNANDEZ-SANCHEZ LOPEZ ANABEL HAIR AFFAIR ANALICIA ALVARADO RUIZ ANAYA'S NATIONAL AUTOMOTIVE ANCHOR BLUE #153 ANCON TRANSPORTATION ANDERSON DRILLING ANDERSON PLUMBING & REMODELING ANDERSON ANDOSA DESIGN & CONSTRUCTION 10.50 10.50 21.50 10.50 10.50 10.50 10.50 10.50 21.50 10.50 10.50 21.50 10.50 10.50 21.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 21.50 10.50 10.50 10.50 10.50 21.50 10.50 10.50 10.50 21.50 10.50 10.50 21.50 10.50 32.00 31.50 10.50 10.50 10.50 10.50 10.50 10.50 4171 5/71 BUSINESS LICENSE ADMINISTRATIVE REFUND REPORT March 1, 2010 Business Name Amount ANDRADE & CO 21.50 ANGELES FURNITURE 10.50 ANGELICA HEALTHCARE SVCS GROUP 10.50 ANGELICA RAMIREZ 21.50 ANGELINA VILLANUEVA 21.50 ANGELINO BUILDERS 21.50 ANGELO'S KARS 10.50 ANGIE'S FASHION & PLUS 10.50 ANGUS ASPHALT INC 10.50 ANHEUSER-BUSCH SALES OF SAN DIE 10.50 ANNING-JOHNSON COMPANY 10.50 ANTIQUIA DENTAL CARE 21.50 ANTOINETTE'S ICE CREAM 21.50 ANTONIO LICEAGA 10.50 ANTONIO MENDOZ ARTEAGA & MARIA 10.50 ANTONIO PEREZ 10.50 APEX ROOFING 10.50 APPAREL ENTERPRISE COMPANY INC 10.50 APPLEBEE'S NEIGHBORHOOD GRILL & BAR 10.50 APPLIANCE PARTS CENTER INC 10.50 APPLIED WATERPROOFING TECHNLGY 10.50 APX ALARM SECURITY SOLUTIONS 10.50 AQCS ENVIRONMENTAL 10.50 AQUA ZONE 21.50 ARAMARK UNIFORM SERVICES INC 31.50 ARB 10.50 ARCO AMPM 83117 21.50 ARCTIC SUPPLY 10.50 ARE & R PLUMBING 21.50 AREA AMUSEMENTS 10.50 AREA -WEST FENCE CO 10.50 ARELLANO 10.50 ARIAS MECHANICAL CORPORATION 10.50 ARIDO MARKET 10.50 ARISE WAW SCAFFOLDING 32.00 ARKON DRAFTING DESIGN & PRINTS 31.50 ARMANDO ECHEVERRIA 21.50 ARMANDO SALAZAR 10.50 ARMSTRONG MCCALL (SOUTHBAY) 10.50 ARRIAGA 10.50 ARROW AUTOMATIC FIRE SPRINKLER 10.50 ARROYO BROTHERS 21.00 ARS OF SAN DIEGO #8118 21.50 ART D NIELSEN PAINTING 10.50 ART SMITH ELECTRIC 10.50 ARTEMIO F. PALAGANAS 10.50 6/71 CALIFORNIA ITV aC RiPOJ BUSINESS LICENSE ADMINISTRATIVE REFUND REPORT March 1, 2010 Business Name Amount ARTEMIO RAMIREZ 21.50 ARTS INCORPORATED 10.50 ARTS TRENCH PLATE & K-RAIL 10.50 ARTS WINDOW & CARPET SUPPLIES 10.50 AS SEEN ON TV INFOMERCIALS INC 21.50 ASBURY ENVIRONMENTAL SERVICES 10.50 ASI HASTINGS 10.50 ASIAN MARKET 10.50 ASIAN NOODLES & ORIENTAL CUIS. 10.50 ASPIRE REALTY AND MORTGAGE 10.50 ASSAF SAWAYA FASHION 10.50 ASSI SECURITY INC 10.50 AT&T MOBILITY 21.00 ATLAS CHEMICAL INC 10.50 ATLAS ELEVATOR COMPANY 21.50 ATLAS PUMPING SERVICE 10.50 ATOMIC INVESTMENTS INC 10.50 AUDIO CITY 10.50 AUNT EMMA'S 21.50 AUNTIE ANNE'S PRETZEL'S 10.50 AUSTIN DOORS 10.50 AUTO ZONE #5658 10.50 AUTO ZONE #5659 10.50 AUTOCOMM 10.50 AUTOMOTIVE PAINTING PRODUCTS 10.50 AV GUYS 10.50 AVANT MANAGEMENT AND STAFFING 10.50 AVENIDA REGISTRATION SERVICE 10.50 AVIS RENT A CAR 10.50 AVON PRODUCTS INC 10.50 AWARD MASTER INTERNATIONAL INC 10.50 AWARD SIGN COMPANY 10.50 AZTEC PRINTING COMPANY 10.50 AZTEC VENDING SERVICES 10.50 AZZEDINE-TAILEB 10.50 B & B ACOUSTICS 10.50 B & B DBA ALVARO CERDA 21.50 B & B PLUMBING AND ELECTRIC 10.50 B & W PRECAST CONSTRUCTION 10.50 B J MOTOR & BODY SHOP 10.50 B n B KETTLE CORN 10.50 BABYLAND FAMILY CHILD CARE 10.50 BACA FURNITURE SERVICE 10.50 BAE SYSTEMS LAND & ARMAMENTS 10.50 BAEZA UPHOLSTERY 10.50 BAGWIS SALES AND SERVICES 10.50 7/71 INCORPORATE° BUSINESS LICENSE ADMINISTRATIVE REFUND REPORT March 1, 2010 Business Name Amount BAHENA MARGARITA FAMILY CHILD 10.50 BAILONY 10.50 BAJA FOOD MARKET 32.00 BAJA KING INTERNATIONAL 10.50 BAJA MOTION TOURS 10.50 BAJA'S FISH TACOS 10.50 BAKER ELECTRIC INC 10.50 BAKER HARDWOOD LUMBER CO 10.50 BAKER 10.50 BAKERS SHOE STORE #2915 10.50 BALBOA NEPHROLOGY MEDICAL GRP 10.50 BALL AUTOMOTIVE GROUP 52.50 BALL KIA 10.50 BALL RENEGADE 10.50 BALL SMOG CHECK TEST ONLY CTR 10.50 BALL SUZUKI 10.50 BALLY TOTAL FITNESS 10.50 BALUYOT 10.50 BAMBOO ROTISSERIE 32.00 BANK OF AMERICA N.A. 10.50 BANTRY INDUSTRIAL & MARINE CRP 10.50 BARBADILLO 10.50 BARBARA BALL 10.50 BARBARA PALEGGI 10.50 BARBER AND BEAUTY SHOP 10.50 BARBER HOUSE 10.50 BARBERIC 10.50 BARI 10.50 BARKER PLUMBING 10.50 BARRETT ENGINEERED PUMPS 10.50 BASAR EDITH 21.50 BASKIN ROBBINS ICE CREAM 10.50 BATH & BODY WORKS LLC #762 10.50 BATH CO SHOWER DOOR 10.50 BAXTER AUTOMOTIVE & MACHINE 10.50 BAY AREA CONCRETES 21.50 BAY CITIES SEWING & VACUUM 10.50 BAY CITY CHIROPRACTIC 10.50 BAY CITY MARINE INC 10.50 BAY CONSTRUCTION 21.50 BAY PLAZA CLEANERS 10.50 BAY PLAZA KEYS & ENGRAVING 10.50 BAY SHEET METAL INC 10.50 BAY STAFFING & HOME CARE SERV 10.50 BAY SYSTEMS INC 10.50 BAY THEATRE 10.50 BUSINESS LICENSE ADMINISTRATIVE REFUND REPORT March 1, 2010 Business Name Amount BAY VISTA COLLEGE OF BEAUTY BAYVIEW WIRELESS BC PRODUCTIONS BDO REMITTANCE (USA) BDR COMMUNICATIONS BE KAYLOR RESTORATION INC BEACH CITIES LANDSCAPE BEAUTY EXPERIENCE BOUTIQUE BEAUTY EXPRESSION HAIR CUT BELEN Y CARLA BELL BELSHIRE ENVIRONMENTAL SERVICES BEN MEDINA M.D. INC BENIDICTA F MARQUEZ BEN'S 1615 RESTAURANT BAR CAFE BERGE ROBERTS MORTUARY BERGELECTRIC CORPORATION BERLIN WALL WHOLESALE BERSAM SALES BERTHA ESPARZA BERTS OFFICE TRAILERS BERUMEN BERWICK INTERIORS INC BEST ELECTRIC CO BEST INTERIORS INC BEST MATTRESS & FURNITURE BEST VALUE SERVICE BEST WAY PRINTING BEST WESTERN MARINA GATEWAY BETTER INDEPENDENT LIVING BETTER LIFE MOBILITY CENTER BETTER THEN CLEAN BGB ENTERTAINMENT BHY DESIGN & CONSTRUCTION COMPANY BIBLE BAPTIST CHURCH BIG B MARKET BIG BEAR AUTO SALES BIG BEN MARKET BIG DADDY BIG LOTS #4126 BIMBO BAKERIES USA INC BINGHAM CONSTRUCTION COMPANY BINH QUY LUU BIOPOINTE SCIENTIFIC BIRRIAS BJ MOTORIST 10.50 10.50 10.50 10.50 10.50 10.50 21.50 10.50 10.50 21.50 10.50 10.50 20.60 10.50 10.50 10.50 10.50 10.50 21.50 21.50 10.50 10.50 21.50 10.50 10.50 10.50 10.50 10.50 21.50 10.50 21.50 10.50 21.50 21.50 10.50 10.50 10.50 10.50 10.50 10.50 21.00 21.50 10.50 10.50 10.50 10.50 8/71 9/71 IPORNIA INCORPORATED BUSINESS LICENSE ADMINISTRATIVE REFUND REPORT March 1, 2010 Business Name Amount BLACK GOLD INDUSTRIES 10.50 BLACK INFANT HEALTH PROGRAM 10.50 BLANCA'S CREATIONS 21.50 BLIMPIE SUBS 10.50 BLISSCO 10.50 BLITZ TORTE 10.50 BLOCKBUSTER VIDEO #06336 10.50 BLOCK'S LOCKS INC 10.50 BLUE HOUSE FAMILY CHILD CARE 21.50 BLUE HOUSE KEEPER 10.50 BLUELINX DISTRIBUTION 10.50 BLUEWATER ENVIRONMENTAL SERVICES 10.50 BOAT SELLERS 10.50 BOB JENSON NC & HEATING 10.50 BOB'S FIRE EQUIP CO 10.50 BOB'S N. CAR & SMOG 21.00 BODY BASICS 21.50 BONDED CARPET & WINDOW 10.50 BONITA PARADISE RECREATION 21.00 BONITA PET HOSPITAL 21.50 BONITA PIPELINE INC 10.50 BONITA VISTA MOBILE HOME PARK 10.50 BOOKKEEPING AND TAX SERVICES 10.50 BORDER STEEL INTERNATIONAL 10.50 BORDERS 10.50 BOSTROM INSTRUMENT COMPNAY 10.50 BOUNCE AROUND JUMPS 10.50 BOWMAN 10.50 BOY SCOUTS OF AMERICA 10.50 BOYCE CONST. CO. 10.50 BOYS & GIRLS CLUBS & GREATER SAN DIEGO 21.50 BP WEST COAST PRODUCTS LLC 32.00 BPI EXPRESS REMITTANCE CORP 10.50 BRADSHAW ENGINEERING CORP 10.50 BRADY COMPANY/SAN DIEGO INC 10.50 BRAMBILA 10.50 BRAMMER ELECTRIC CO 10.50 BRAVERMAN 10.50 BREAD DELUX BAKERY 10.50 BRETT CONSTRUCTION 21.50 BREWER CRANE & RIGGING 32.00 BRG CONSULTING INC 21.50 BRIAN COX MECHANICAL INC 10.50 BRIAN QUICK 21.50 BRIDGFORD MARKETING CO 10.50 BRIGITTE COUTURE 10.50 10/71 zm*coRpoi; ATEU --'` BUSINESS LICENSE ADMINISTRATIVE REFUND REPORT March 1, 2010 Business Name Amount BRINKS HOME SECURITY 10.50 BROCK RACING 10.50 BROCK 10.50 BRODING'S BATTERY WAREHOUSE 10.50 BROWN AND CALDWELL 10.50 BROWS SHAPING SALON 21.50 BROYLES LANDSCAPING 10.50 BROZINSKY 10.50 BUDGET FURNITURE 10.50 BUDGET PHONE INC 10.50 BUILDERS TECH HEATING & A/C 10.50 BUILDING BRIDGES TOGETHER 10.50 BULLTRACK CONSTRUCTION CO 21.50 BURGER KING #780 10.50 BURRIS PLUMBING INC 10.50 BURTECH PIPELINE INC 10.50 BUSH POWER BRAKE INC 10.50 BUSTER'S BEACH HOUSE & LONG BOARD BAR 21.50 BUSTOS 10.50 BUTTANDA 10.50 BUXCON SHEET METAL INC 10.50 BUY & SALE/ROBERT DELEON 21.50 BYRON EPP INC 10.50 C & C GLASS 10.50 C & L CONSTRUCTION 10.50 C & M MOTORS INC 10.50 C & W DIVING SERVICES INC 10.50 C B RICHARD ELLIS 10.50 C E WILSON CORPORATION 10.50 C L F WAREHOUSE INC 10.50 C P MANUFACTURING INC 10.50 C&W DIVING SERVICES INC 10.50 C.A. SKYHOOK 10.50 C2000 REALTY + FIN. SERV. 10.50 CABINIAN 10.50 CAFE ESTELAS 10.50 CAFE LA MAZE 32.00 CALDERON BUILDERS 21.50 CALDERON 10.50 CALIBER COLLISION CENTERS 10.50 CALIF DELTA MECHANICAL 10.50 CALIFORNIA AIR COMPRESSOR 10.50 CALIFORNIA AUTO BODY & FRAME 10.50 CALIFORNIA AUTO DETAIL 10.50 CALIFORNIA COMFORT SYSTEMS USA 10.50 CALIFORNIA COMMERCIAL SECURITY 10.50 11/71 rNconkottATEv BUSINESS LICENSE ADMINISTRATIVE REFUND REPORT March 1, 2010 Business Name Amount CALIFORNIA DIESEL COMPLIANCE 10.50 CALIFORNIA EXAMINER/RADIO 10.50 CALIFORNIA FAMILY CARE MED 10.50 CALIFORNIA FASHION ACCESSORIES 21.50 CALIFORNIA ICE CREAM 10.50 CALIFORNIA MOVING & STORAGE 10.50 CALIFORNIA PRODUCE CORPORATION 10.50 CALIFORNIA SHEET METAL 10.50 CALIFORNIA UPHOLSTERY SERVICE 10.50 CALIFORNIAS FURNITURE INSTALLATION 10.50 CALIFORNIA'S TACO SHOP 10.50 CALUYA'S RESIDENTIAL FACILITY 10.50 CAL -WESTERN WEED CONTROL 32.00 CAMACHO 10.50 CAMPBELL CERTIFIED 21.50 CAMPOS ROOFING 10.50 CAMPUS ROOFING 21.50 CAMSAL ENTERPRISES 10.50 CAN -DO ELECTRIC INC 10.50 CANDY CARE 10.50 CAOILI ACUPUNCTURE SERVICES INC 10.50 CAPACITY CONSTRUCTION INC 10.50 CAR AUDIO CITY 21.50 CAR AUDIO EXCHANGE 32.00 CAR HEALTH PLAN INC. 21.00 CAR MAINTENANCE PROVIDERS 21.50 CARCZAR 10.50 CARIA PINKNEY 21.50 CARLILL AUTO COURT 10.50 CARLOS A DONGO DDS INC 10.50 CARLOS MAINTENANCE AND REPAIR 21.50 CARLOS MORALES 10.50 CARLOS PONCE DIAZ 10.50 CARLOS TIRES 10.50 CARL'S JR #120 10.50 CARL'S JR #261 10.50 CARMEN ESQUEDA SANCHEZ 32.00 CARMEN MONGE 10.50 CARNIVAL SUPERMARKET 10.50 CAROL ENTERPRISES 21.50 CAROLINO CONSTRUCTION CORPORATION 10.50 CAROL'S NAILS 10.50 CAROL'S VIDEO & GIFT SHOP 10.50 CARO'S SALES 10.50 CARQUEST AUTOPARTS # 7742 10.50 CARRERA'S AUTO DETAIL 43.00 12/71 FORMA TNCpRPORATED BUSINESS LICENSE ADMINISTRATIVE REFUND REPORT March 1, 2010 Business Name Amount CARROLL METAL WORKS INC. 10.50 CASA DE NOVIA 10.50 CASA DE ORO RESTAURANT 10.50 CASA DEL TACO 10.50 CASA VILLE REALTY AND SERVICES 10.50 CASADY ELECTRIC INC 10.50 CASCADE POOL & SPAS 21.50 CASH FOR GOLD/GOLD RUSH 21.50 GASPERS CONCRETE CUTTING 10.50 CASS PLUMBING & HEATING 10.50 CASTLE MANOR CONVALESCENT CTR. 10.50 CASTRO 10.50 CAVALRY SYSTEMS 32.00 CC&D ELECTRIC INC 21.50 CCM ENTERPRISES 10.50 CEJA 10.50 CELEIBRATION 21.50 CELIA'S EXPRESS CLEANING 10.50 CELLULAR SYSTEMS 21.50 CEMENT CUTTING INC 10.50 CENTEX GLAZING INC 10.50 CENTRAL AIRE 21.50 CENTRAL CITY ENTERPRISES 21.50 CENTRAL MEAT AND PROVISION CO 10.50 CENTRO CRISTIANO CUERNAVACA 10.50 CENTRO DE NUTRICION 10.50 CENTRO ESOTERICO INSPIRACION BOTANICA INSPIRACI 10.50 CENTRO NATURISTA Y DE ACUPUNTURA 21.50 CERTIFIED CONCRETE 10.50 CERTIFIED ELECTRIC 21.50 CERVANTES 21.50 CESAR DURAN CALDERON 10.50 CESAR'S TACO SHOP 10.50 CESENA LANDSCAPING 10.50 CGP MAINTENANCE AND CONSTRUCTION 21.50 CHAE & NAM UNIVERSE 10.50 CHAFFIN CONSTRUCTION 21.50 CHAIR PROS 10.50 CHAMPS #14615 10.50 CHANGING LIVES MEDICAL GROUP 21.50 CHAPMAN 10.50 CHARIZA TOLENTINO DEGUZMAN 21.50 CHARLENE'S NAILS 10.50 CHARLES E THOMAS CO 10.50 CHARLEY'S GRILLED SUB 10.50 CHARLOTTE RUSSE 10.50 13/71 BUSINESS LICENSE ADMINISTRATIVE REFUND REPORT March 1, 2010 Business Name Amount CHARLTON MFG CORP 43.00 CHECK INTO CASH 10.50 CHECKS CASHED 4 LESS 10.50 CHENEWETH APPRAISAL 10.50 CHERR STYLE 10.50 CHERRY HILL PHOTO ENT INC 10.50 CHIEF AUTO SALES 10.50 CHILD PRODIGY PROFESSIONAL 10.50 CHINA SUPER BUFFET 10.50 CHINESE CANTON BAKERY 10.50 CHINESE CITY RESTAURANT #2 10.50 CHING'S FAMOUS HOPIA CAFE&BAKE 10.50 CHONA M AUSTRIA-SAGANA DMD INC 10.50 CHOWKING 21.00 CHRIS AUDIA 21.50 CHRIST ASSEMBLY 10.50 CHRISTENSEN & SPATH LLP 10.50 CHRISTIAN BOOK & NUTRITION 10.50 CHRISTIAN COMPANY 21.50 CHRISTIAN CTR OF NATIONAL CITY 10.50 CHRISTIAN DURABLE MEDICAL EQUI 10.50 CHRISTIAN WHEELER ENGINEERING 10.50 CHRISTIANSEN AMUSEMENTS 10.50 CHRISTMAS IN JULY 10.50 CHUCK E CHEESE'S 10.50 CHULA VISTA ELECTRIC CO 10.50 CHURCH OF THE NAZARENE 10.50 CHURCH'S CHICKEN #1164 10.50 CIBRIAN CONSTRUCTION 10.50 CINDY T. VO 21.50 CINGULAR WIRELESS 31.50 CINNABON #111 10.50 CINTAS #694 10.50 CINTAS DOCUMENT MANAGEMENT 21.50 CINTAS FIRE PROTECTION 21.50 CIRCUIT CITY STORE # 432 10.50 CIRCUS MAN ICE CREAM 10.50 CIRCUS VARGAS 21.00 CITIFINANCIAL 10.50 CITY BOY 10.50 CITY FIRE EQUIP INC 10.50 CITY TAX 10.50 CITY WIDE ELECTRONIC SYS INC 10.50 CITYGATE ASSOCIATES LLC 10.50 CIVIC CENTER AUTO BODY 10.50 CIVIC CENTER DENTAL GROUP 31.50 14/71 CALIFOR;N1A NAT OrCORYORAT'ED BUSINESS LICENSE ADMINISTRATIVE REFUND REPORT March 1, 2010 Business Name Amount CJR CONSTRUCTION CK CHIROPRACTIC CL LANDSCAPING CLAIMCO CLAIRE'S BOUTIQUES #5467 CLANCY CONTRACTING SERVICES CLARK CONTRACTORS INC CLARK CLASSIC AUTO RESTORATION INC CLASSIC PARTY RENTALS CLAUDIA GRADO CLEAN HARBORS ENVIRONMENTAL SE CLEANING WITH LOVE CLEAR CHANNEL OUTDOOR CLOTHING FOR LESS CLS SECURITY ELECTRONICS CLUB 13 C-ME TRIM CO. CMT SHEET METAL COAST 2 COAST DISTINGUISHED APPAREL COASTAL CONCRETE INNOVATIONS COASTAL DECKING INC COASTAL MARINE SERVICES COASTAL REPRODUCTIONS COCA -COLA BOTTLING CO OF L A COCO'S HOUSEKEEPING COIN LAUNDRY SERVICES COLBERT/BALL TAX SERVICE COLBRESE MATERIAL HANDLING INC COLEGIO NUTRICIONAL COLLINS MARINE REPAIR COLORINO DISTRIBUTORS COLORTYME RENTALS COLSA CORPORATION COLUMBIA PEST CONTROL CO OF SD COLUMN ONE COMA FLASH COMARTIN ENTERPRISES COMFORT INN-SAN DIEGO SOUTH COMIC ODYSSEY COMICS-N-STUFF COMMERCIAL & INDUSTRIAL COMMERCIAL AQUATIC SERVICES COMMERCIAL FLEET SERVICE COMMERCIAL PAY PHONES COMMERCIAL RESTROOM ACCESSORIES 10.50 21.50 21.50 10.50 10.50 10.50 21.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 21.50 10.50 10.50 21.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 21.50 10.50 10.50 32.00 10.50 10.50 10.50 10.50 10.50 10.50 21.50 10.50 10.50 21.50 32.00 10.50 21.50 10.50 10.50 21.50 15/71 ZnrcORPOR 3 v BUSINESS LICENSE ADMINISTRATIVE REFUND REPORT March 1, 2010 Business Name Amount COMMUNITY MEDICAL TRANSP INC 10.50 COMMUNITY YOUTH ATHLETIC CTR 10.50 COMP VIEW 32.00 COMPANY 98 10.50 COMPETITIVE EDGE CONSTRUCTION 10.50 COMPUTER INFORMATION SOLUTION 10.50 COMUNALE 21.00 COMUNIDAD CRISTIANA CONQUISTA 10.50 COMUNIDAD CRISTIANA EMANUEL 10.50 CONCEPTS PARTY RENTALS 10.50 CONCHING'S CAFE 10.50 CONNECTION MEDICAL TRANSPORT 10.50 CONNELLY CONSTRUCTION 32.00 CONNEXX COMMUNICATIONS LLC 21.50 CONSOLIDATED INTERNATIONAL COR 10.50 CONSTELLATION NEWENERGY INC 10.50 CONSTRUCTION AND DESIGN 10.50 CONSTRUCTION INSPECTION & TESTING 10.50 CONSTRUCTION TESTING & ENGINEERING 10.50 CONTEMPORARY CABINET DESIGNS 21.50 CONTINENTAL CLEANERS 10.50 CONTRACT INTERIORS LLC 21.50 CONTRERAS FAMILY BARBER SHOP 10.50 COOPER'S PLBG & HTG 10.50 COORDINATED WIRE ROPE OF SD 10.50 COPY POST PRINTING 10.50 CORDERO'S CUSTOM FLOORING 21.50 CORE -MARK DISTRIBUTORS 10.50 CORIOLISS 21.50 CORNER BAKERY CAFE 21.50 CORNERSTONE CHURCH OF S.D. 10.50 CORNERSTONE CHURCH OF SD 10.50 CORONA FURNITURE COMPANY 10.50 CORPORATE EXPRESS OFFICE PROD 10.50 CORPUZ INSURANCE SERVICES 10.50 CORREO LANDSCAPING 10.50 CORTES CLEANING 10.50 CORTES TOWING ENTERPRISES 10.50 COSCO FIRE PROTECTION 10.50 COSENZA ROOFING 21.50 COSTCO WHOLESALE CORP #908 10.50 COSTCO WHOLESALE CORP #910 10.50 COTIJAS-MEXICAN FOOD 10.50 COUNTRY KEEPSAKES 10.50 COUNTY PRO -FLAME 10.50 COURTESY REFRIGERATION INC 10.50 BUSINESS LICENSE ADMINISTRATIVE REFUND REPORT March 1, 2010 Business Name Amount COX AUTO TRADER COZINES GROCERY COZY CORNER HOME STORE CPE CONSTRUCTION CRASH & FIX AUTOBODY REPAIR CRAZY 8 #6006 CREACIONES YESENIA CREATIONS WITH LOVE FLOWERS & GIFTS CREATIVE IMAGES PHOTOGRAPHY CREST EQUIPMENT CREST OFFSET PRINTING CO CRICKET COMMUNICATIONS CRISOSTOMO - REYES CRISOSTOMO PROPERTIES CRJ INC CRM FINANCE SERVICES CROCKER DRUG CROCKETT & ASSOCIATES CROSS WAY FIRE PROTECTION CROUCH CROWLEY CROWN FIRE PROTECTION CROWN TRANSMISSION SERVICE CRYSTALTALK COMMUNICATIONS CSI SUPPLY CUBILETE CO CUC THI NGUYEN CUDDLES ACADEMY CULLIGAN WATER CO OF SD CULLIGAN WATER COMPANY CURBSIDE INC CUSTOM SIGNS CUSTOMIZE IT! CUSTUM PAINTING CVS/PHARMACY #9138 CVS/PHARMACY #9783 D & A JEWELERS D & D WILDLIFE HABITAT RESTOR D & L ORNAMENTAL INC D & M SHELLEYS INC. D & R GLASS D F DESIGNS D.G. PLUMBING DAIRY QUEEN/ORANGE JULIUS DAKOTA INN DALE'S SWIM SHOP 10.50 10.50 21.50 10.50 10.50 10.50 21.50 10.50 10.50 21.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 21.50 10.50 10.50 10.50 21.50 31.50 21.00 10.50 21.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 21.50 32.00 10.50 21.50 10.50 21.00 10.50 10.50 10.50 10.50 10.50 16/71 17/71 ALI ORN;jA - -try COR;pORATs BUSINESS LICENSE ADMINISTRATIVE REFUND REPORT March 1, 2010 Business Name Amount DAN LEVY CONSTRUCTION 21.50 DANDELIONS FLORIST 10.50 DANIEL LORENZO ARENAS 10.50 DANIEL'S JEWELER'S #234 10.50 DANIELS TIRE SERVICE 10.50 DANTE'S MODULAR PERFORMANCE 10.50 DANYA B 10.50 DAPPER TIRE CO INC 10.50 DARRCO BUILDING MAINTENANCE 10.50 DARRIN YAMAMOTO 10.50 DARYL GRIFFIS ACOUSTICS 21.50 DAVEY TREE EXPERT CO 10.50 DAVID & SONS JEWELERS 10.50 DAVID BENDAH 10.50 DAVID REED LANDSCAPE ADRCHITECTS 21.50 DAVID SUAREZ 21.50 DAVID 10.50 DAVID'S TOYS AND CANDIES 10.50 DAVIES ELECTRIC CO INC 10.50 DAVIS & ADAMS CONSTRUCTION 21.50 DAVIS/REED CONSTRUCTION 10.50 DAWN MICHELLE MARTZ 21.50 DAX-DOLLAR AMERICA EXCHANGE 10.50 DAY BY DAY CALENDAR 32.00 DAY WIRELESS SYSTEM dba 10.50 DB CONVERSIONS 10.50 D'BGS CREATION 10.50 DE LAURA WIGS 10.50 DE LEON CONSTRUCTION 10.50 DE ROCA 10.50 DEALERS DIRECT 10.50 DEAN TONEY'S HEATING AND HAIR 21.50 DEAN'S WESTCOAST RADIATOR 32.00 DEBRIS BOX 10.50 DEE'S DANDY HOUSE CLEANING 21.50 DEFENDER SECURITY CO 10.50 DEGUZMAN 10.50 DEL TORO HOLDINGS 10.50 DEL TORO LOAN SERVICING 10.50 DEL VALLE 10.50 DELA CRUZ AUTO REPAIR INC 10.50 DELA CRUZ JR 10.50 DELA FUENTE 10.50 DELA PAZ 10.50 DELICIAS DEL SUR 21.50 DELTA MECHANICAL 21.50 18/71 CALIF() A a IT` CSC is moot -trawl BUSINESS LICENSE ADMINISTRATIVE REFUND REPORT March 1, 2010 Business Name Amount DE -LUX ROOFING CO DEMARCO PLUMBING & DRAIN DEMOS DENIS'S BAKERY DENISSE J AMAYA MAGANDA DENNY'S RESTAURANT #1473 DENNY'S RESTAURANT #1766 DENTIST JULITA G TRIMOR DMD DENTISTRY OF OLD TOWN DENTWORKS DERENONCOURT DESIGNER FABRIC DESIGNER GLASS & SHOWER DESIGNERS OWN SHUTTERS DESIRED SKIN DESSERTS PLUS INC DETECTION LOGIC FIRE PROTECTION DEVINE EVENT DEWEY PEST CONTROL DEYSI VARGAS ANTONIO DIANA LOPEZ VILLEGAS DIBAGE INTERNATIONAL INC DICK MILLER DICKEYS BARBECUE DICKINSON / BOAL MANSION B & B DIEBOLD INCORPORATED DIEGO VEGA DIEP TRAN DIMAR'S BEAUTY SALON DIMA-TECH INC DINAH M VITUG DIONICIO CANDELARIO GARCIA TIRADO DIPPIN' DOTS DISCOUNT DEPOT DISCOUNT FLOORING 2U DISCOUNT PAINTING DISCOUNT TIRE CO INC. DISNEY STORE USA DISTINGUISHED FIRE EXTINGUISH DISTRIBUIDORA VERDUGO DIXIELINE LUMBER COMPANY DM CONSTRUCTION SERVICES D-MAX ENGINEERING DMS IMAGING DOKKEN ENGINEERING DOLLAR TREE STORES INC #2889 10.50 10.50 10.50 10.50 21.50 10.50 10.50 10.50 10.50 10.50 10.50 21.50 21.50 10.50 10.50 10.50 21.50 21.50 10.50 21.50 10.50 10.50 21.50 10.50 10.50 10.50 10.50 21.50 10.50 10.50 10.50 21.50 10.50 10.50 10.50 21.50 10.50 10.50 10.50 10.50 52.50 10.50 21.50 10.50 10.50 10.50 19/71 BUSINESS LICENSE ADMINISTRATIVE REFUND REPORT March 1, 2010 Business Name Amount DOMINGUEZ AUTO ACCESSORIES 10.50 DOMINION ENTERPRISES 10.50 DOMINO'S PIZZA 10.50 DON GROSS WAREHOUSE OF SD 21.50 DON ROBERTO JEWELERS 10.50 DONALD WHELAN HARKEN WEST 21.50 DONG 10.50 DONG 10.50 DOOR -MAN 10.50 DORA LUZ MORA 10.50 DOTTIE ANN D SAZON 10.50 DOWN UNDER PLUMBING 21.50 DOWNSTREAM SERVICES 10.50 DR CAROLINE P MOORE DENTAL OFF 10.50 DR LEAH MALLINGER 21.50 DR MARKETING 10.50 DRAIN PATROL 10.50 DRAPERY MANUFACTURER 10.50 DREAM CRYSTAL 10.50 DREAM HOME 4 YOU INC 10.50 DREAMBUILDERS CONSTRUCTION 21.50 DRUM PLUMBING INC 10.50 DS WATERS OF AMERICA INC 10.50 DTI SOLAR POWER 21.50 DTR ART 10.50 DUDEK & ASSOCIATES INC 10.50 DULCERIA FIESTA 10.50 DULCE'S DAYCARE 21.50 DUNN-EDWARDS CORP 10.50 DURRA INK 10.50 DWIGHT CLEANING SERVICES 21.50 DYNAMIC PROPERTIES & INVEST. 10.50 DYNAMITE CLEANING CORP 10.50 E Z SPRING & STAMPING 10.50 E.T. SIGNALS CO. 21.50 E2 MANAGETECH 21.50 EAGLE TRADING CO 10.50 EAST CORONA DRYWALL INC 21.50 EASTER SEALS SOUTHERN CALIF 10.50 EASTERN SIGNS 21.50 EAZY TOYS 10.50 EBBAY 10.50 EBONY & IVORY SALON OF BEAUTY 10.50 ECJ REALTY/MORTGAGE SERVICES 10.50 ECONOMIC & PLANNING SYSTEMS 10.50 ECTOR GARCIA 10.50 20/71 BUSINESS LICENSE ADMINISTRATIVE REFUND REPORT March 1, 2010 Business Name Amount ED SHEDLY MASONRY 21.50 EDAW INC 21.00 EDDY'S LANDSCAPING 10.50 EDWARDS UNDERGROUND & GRADING INC 21.50 EDWIN B FULLER MD INC 21.50 EHMCKE SHEET METAL CORP 10.50 EIGHTEENTH STREET COIN LAUNDRY 10.50 EL AGUILA MEXICAN FOOD 10.50 EL ASADERO GRILL 21.50 EL CAJON ELECTRIC CO 10.50 EL CHAMAN 10.50 EL COMETA 10.50 EL DORADO CLEANERS #01 10.50 EL DORADO CLEANERS #10 10.50 EL GRANO DE ORO 10.50 EL JUAN CAFE 10.50 EL MANGO MANILA 10.50 EL NINO'S ACCESORIES 21.50 EL NINO'S ACCESSORIES 21.50 EL NUEVO MILENIO INC 10.50 EL PALENQUE TACO SHOP 21.50 EL PARAISO 10.50 EL PARAISO/CHRISTMAS TREES 10.50 EL POLLO LOCO 10.50 EL PORTAL MUSICAL 10.50 EL SUPER MARKET 10.50 EL TIGER 10.50 EL TORITO 10.50 EL TOYON ELEMENTARY 10.50 ELEANOR M LUMAHAN 21.50 ELEANOR M LUMAHAN 21.50 ELECTRICAL SOLUTIONS 10.50 ELEGANT'S NAILS 10.50 ELENA P VITUG 10.50 ELESCO 21.50 ELEUTERIO SANCHEZ 21.50 ELEVEN WESTERN BUILDERS 10.50 ELHOMSY 10.50 ELIEZER & LETICIA PORRAS 21.50 ELIJIO F VERGARA 21.50 ELIZABETH JIMENEZ 21.50 ELIZABETH'S FLOWERS 10.50 ELIZA'S HAIR FASHION 10.50 ELMIE'S BEAUTY SHOP 10.50 ELSA'S HAIR SALON 10.50 ELVIE'S BOUTIQUE 10.50 21/71 INCORPORATE BUSINESS LICENSE ADMINISTRATIVE REFUND REPORT March 1, 2010 Business Name Amount ELVIE'S TRAVEL 10.50 EMBRASSEZ LA MODE 10.50 EMCOM ELECTRONIC SYSTEMS INC 10.50 EMMONS ROOF SERVICE INC 10.50 ENCHANTED EVENTS BY REYNA'S 10.50 ENCINAS 21.50 ENCOMPASS DESIGN 10.50 ENERCOMM ELECTRIC INC 10.50 ENERGIA NATURAL 32.00 ENRIQUE GONZALEZ 21.50 ENRIQUE SARDINAS RAYA 10.50 ENRIQUE TOSCANO PEREZ 21.50 ENTERPRISE RENT A CAR #32FP 10.50 ENTORS MOTORS 10.50 ENVIROSERV 10.50 EPIC HAIR CUTS 21.50 EPIC LAND SOLUTIONS 32.00 EPSILON SYSTEMS SOLUTIONS INC 10.50 EQUILON ENTERPRISES LLC#135646 10.50 EQUIPMENT ENGINEERING COMPANY 10.50 ER QUALITY LAWN MAINTENANCE 10.50 ESGIL CORPORATION 10.50 ESKAY 10.50 ESTEBAN PULIDO 21.50 ESTHER FLORES 21.50 ESTHER LUNA 21.50 ESTHER MENDEZ 21.50 ESTRADA 10.50 ETHNIC DELI & CAFE 10.50 ETIC ENGINEERING 10.50 EUGENIO D SALVANERA 10.50 EUROSYSTEMS - MONTGOMERY CO 10.50 EUSEBIO 10.50 EVA DUARTE/SALUD Y VIDA 21.50 EVELIA BARROWS 21.50 EVEREST ALLIANCE 10.50 EVERGREEN HAIR UNLIMITED 21.50 EVERHART CONSTRUCTION 10.50 EVERLASTING AIR -CON 21.50 EVERSTRONG CONTRUCTION 32.00 EVERYTHING $5.99 10.50 EVOLUTION TEAM 21.50 EXECUTIVE LANDSCAPE 10.50 EXLINE 10.50 EXOTIC MOTORS 21.50 EXPRESS CELLULAR 21.50 22/71 .CALIFORNIA °- ATIO 144 INCORPORATED BUSINESS LICENSE ADMINISTRATIVE REFUND REPORT March 1, 2010 Business Name EXPRESS FINANCIAL SERVICES EXPRESS REGISTRATION EXPRESS SIGN & NEON EXPRESS TIRE EXPRESS EXPRESSION ONE ARTS EYE CARE ASSOCIATES EYEXAM OF CALIFORNIA #137 EZERA CLOTHING EZ-LOANS F J WILLERT CONTRACTING CO F RODGERS CORPORATION FABIANA AMENTA FABRICATION TECHNOLOGIES FACTORY 2-U #645 FAIRBANKS MORSE ENGINE FAJAS COLUMBIANAS SLENDER FAJAS SLENDER BODIES FAMILY AUCTION FAMILY DECALS FAMILY DENTISTRY FAMILY FINANCIAL SERVICES FAMILY HOUSE OF PANCAKES FAMILY LOOMPYA CORP FAMILY LOOMPYA SEAFOOD MARKET FAMILY LOOMPYA WHOLESALE FAMILY RIVAS BUILDING JANITORIAL SERVICE FANCY FRUIT SALAD FARMER BROS CO FARMER JOHN MEATS FARMERS DISCOUNT MARKET FARMERS INSURANCE FARNUM ELECTRIC FAROUK DEIRANICH FASHION GIRL II FASHION PLAZA FAST FIX JEWELRY REPAIR FASTENAL COMPANY FASTSIGNS FASTWATER HEATER INC FATIMA GOMEZ FATOU BINETOY MBOUP FCO. GILBERT LANDSCAPING FEDERAL EQUIPMENT COMPANY FERDINAND F. BARBADILLO FERGUSON ENTERPRISES INC Amount 10.50 31.50 10.50 21.00 10.50 21.00 10.50 10.50 10.50 10.50 10.50 10.50 10.50 21.00 10.50 10.50 21.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 21.50 10.50 10.50 10.50 10.50 31.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 21.50 10.50 10.50 10.50 10.50 23/71 BUSINESS LICENSE ADMINISTRATIVE REFUND REPORT March 1, 2010 Business Name Amount FERREIRE 10.50 FIBER CARE BATHS 10.50 FIBER -WORLD PRODUCTS 10.50 FIDENCIO CARRASCO 21.50 FIELD ARCHITECTURAL CORPORATION 10.50 FIESTA PET SHOP 10.50 FILIPINO PRESS (THE) 10.50 FILIPINO-AM ASSOC WWII VETS 10.50 FINE POINT 2000 21.00 FINISH LINE 10.50 FINISHMASTER INC. #208 31.50 FIRE PREVENTION SERVICES INC 10.50 FIRE PROTECTION PLUS 10.50 FIRE PROTECTION SAFETY SERVICES 21.50 FIRESTONE COMPLETE AUTO CARE 21.00 FIREWATCH 10.50 FIREWORKS & STAGE FX AMERICA 10.50 FIRST BAPTIST CHURCH OF NAT'L 10.50 FIRST CALL NURSING SERVICES 32.00 FIRST CHRISTIAN SPIRITUALIST 10.50 FIRST CONGREGATIONAL CHRISTIAN 10.50 FIRST SAMOAN CON'TL CHURCH 10.50 FIRST SIGHT VISION SVCS 10.50 FIRST UNITED METHODIST CHURCH 10.50 FIRSTLINE SECURITY 10.50 FISHEL COMPANY 10.50 FLAVIA GONZALEZ 21.50 FLEETWASH INC 10.50 FLEETWOOD ELECTRIC INC 10.50 FLEETWOOD PLUMBING INC 10.50 FLEMING PAINTING 21.50 FLEMING PUBLISHING CONSULTING 10.50 FLORES SIERRA CONTRACTORS 32.00 FLORINDA HINAHON 10.50 FLOYD & HOWERTON PLUMBING INC 10.50 FLUORESCO LIGHTING & SIGNS 10.50 FON-JON PET CARE 21.50 FOODLAND I G A 10.50 FOOTACTION #715 10.50 FOOTLOCKER #7367 10.50 FORD SIGNS 10.50 FOREMOST CLEANERS 10.50 FOREVER 21 21.00 FORNACA INC 10.50 FORTNEY & WEYGANDT 21.50 FORTUNE GIFTS 21.50 BUSINESS LICENSE ADMINISTRATIVE REFUND REPORT March 1, 2010 Business Name Amount FOSHAY ELECTRIC CO INC FOUNTAIN PATROL FRAGILE GLASS & MIRRORS FRAHLER ELECTRIC CO FRAMING ASSOCIATES FRANCISCO FLORES PROPERTY MGR FRANCISCO JAVIER GOMEZ FRANCISCO RAMIREZ FRANCISCO SALIDO FRANK MOTORS HYUNDAI FRANK MOTORS TOYOTA FRANK'S BARBER SHOP FRANS CONSTRUCTION INC FRASER'S BOILER SERVICE FRATERNAL ORDER OF EAGLES FRAZEE PAINT FRB MAINTENENACE SERVICES FRED LOYA INSURANCE AGENCY INC FREDDIE'S HAIR SALON FREDDY AUTO REPAIR FREDERICK DAVID JENKIN FREDERICK T SMITH JR FREDERICK'S OF HOLLYWOOD FRED'S TASTEFUL GARDENING FREE FORM CLAY & SUPPLY FREEDOM ELECTRIC CO FREEDOM FURNITURE AND ELECTRONICS FREETEL FREEWAY ELECTRIC FRESA FRESCA DELI FRESH POINT OF SO.CA_ FRIDA'S HAIR SALON FRIENDS OF THE NAT'L CITY FRIENDSHIP HOMES INC FRIENDSHIP MANOR NURSING/REHAB FRONTIER PAGERS-MARITZA DAZA FTC-FRIEDHEIM TOOL COMPANY FUELING AND SERVICE TECHNOLOGIES FULLER'S PLUMBING SERVICE FUNKY CUTZ NO LIMITZ FURBY CONSTRUCTION CO. INC FUTURA FIBERGLASS G & G APPLIANCES G AND J AUTO SERVICE G BY GUESS 10.50 10.50 10.50 10.50 10.50 10.50 10.50 21.50 10.50 10.50 10.50 10.50 21.50 10.50 10.50 10.50 21.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 53.50 21.50 32.00 21.00 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 21.50 10.50 24/71 25/71 BUSINESS LICENSE ADMINISTRATIVE REFUND REPORT March 1, 2010 Business Name Amount G FORCE GEE RAY GEE INC 10.50 G SCOTT ASPHALT 10.50 G V INDUSTRIES 10.50 G.A. DOMINGUEZ 21.50 G.B. SALES 21.50 G.G. LANDSCAPING 21.50 G8R FLOOR INSTALLATION INC 21.50 GALLEGOS PLASTERING CO. INC. 21.00 GALLERIA MEDICAL CLINIC 10.50 GALVANA'S GLASS 10.50 GAMA PRODUCE 10.50 GAMESTOP #1756 10.50 GAMESTOP #337 10.50 GAPO RESTO AND KARAOKE 10.50 GARCIA 10.50 GARCIA 10.50 GARCIA 21.50 GARCIA 10.50 GARCIA'S CONTRUCTION 21.50 GATEWAY INSULATION 10.50 GEEVAN HAIR SALON 10.50 GEM FOODS 21.50 GEMINI DRIVING SCHOOL 10.50 GEMMAE BAKESHOP & CAFE 10.50 GENARO C FERNANDEZ 10.50 GENERAL BEAD 10.50 GENERAL COATINGS CORPORATION 10.50 GENERAL ELECTRIC COMPANY 10.50 GENERAL NUTRITION CENTER INC # 875 10.50 GENERAL PETROLEUM 21.50 GENERAL TAX & FINANCIAL SERV 10.50 GENERAL WELDING SUPPLY CO OF SAN DIEGO 10.50 GENERATION CONTRACTING & EMERGENCY SERVICES INC 10.50 GENERATIONS DESIGN & CONSTRUCT 10.50 GENESIS CLEANING 21.50 GENTLE TOUCH 21.50 GEOHYDROLOGIC CONSULTANTS INC 10.50 GEORGE BERNSTEIN ASSOC 10.50 GEORGE H WATERS NUTRITION CTR 10.50 GEORGES LIQUOR 21.50 GEORGE'S MARKET 10.50 GEORGIA L DIMAS 10.50 GEOSYNTEC CONSULTANTS 10.50 GEOTECHNICAL EXPLORATION INC 10.50 GEOVANA TEUTLA 21.50 GEOVISION GEOPHYSICAL SERVICES 21.50 26/71 . CALIFORNIA TI. INcoRpoRATE BUSINESS LICENSE ADMINISTRATIVE REFUND REPORT March 1, 2010 Business Name Amount GGS ACCOUNTING AND PAYROLL SOLUTIONS GHIANNI LARUSSA GROUP GIANT NEW YORK PIZZA GIFTS & WRAPS TO GO GIL GILBERTO RAMIREZ GINZA SUSHI GIRL SCOUTS GLACIER WATER GLASSWOOD STUDIO GLIDE CORPORATION GLOBAL CARGO & TRAVEL GLOBAL COM GLOBAL KNITTING GLOBAL SALES & FINANCE GLOBAL TRAVEL & TOUR GLORIA ROBERTOS TACO SHOP GLORIA Y PEREZ GLORIA'S BEAUTY SUPPLY GLS SPRAY SERVICES GMLS GO STAFF INC GO WIRELESSNERIZON WIRELESS P GOLDEN CHOPSTICKS RESTAURANT GOLDEN DONUTS GOLDEN PARADISE GOLDEN STATE CONSTRUCTION & FRAMING GOLDEN STATE FENCE CO GOLDEN STATE FOODS GOLDEN YEARS FIL-AM SR JR ASSN GOLDILOCKS BAKERY & RESTAURANT GOMEZ TREE & CRANE SERVICE GONZALEZ GONZALEZ GONZALEZ GOOD SAMARITAN CHURCH GORDON PRILL GORMSEN APPLIANCE CO GOULD ELECTRIC GOULET INDUSTRIES GRACIELA JURADO GRACIE'S BOOK NOOK GRAHAM GRAND MOTORS GRAND PLAZA INN GRANGER RESIDENTS BINGO 21.50 10.50 10.50 21.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 21.50 10.50 10.50 21.50 10.50 10.50 10.50 10.50 10.50 21.50 10.50 10.50 10.50 21.50 21.50 21.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 21.50 10.50 10.50 10.50 21.50 10.50 10.50 10.50 10.50 10.50 27/71 BUSINESS LICENSE ADMINISTRATIVE REFUND REPORT March 1, 2010 Business Name Amount GRANGER WELLNESS SOCIETY 10.50 GRANT 10.50 GREAT WESTERN DRYWALL 10.50 GRECIA HANDYMAN & 10.50 GREEN EAGLE TRANSPORTS 10.50 GREEN MECHANICAL CONTRACTORS 10.50 GREENWALD'S AUTOBODY & 10.50 GREENWOOD MEMORIAL PARK & MORT 10.50 GREGORY S PANICCIA 10.50 GROOMTECH 10.50 GROSSMAN PSYCHOLOGICAL ASSOCIATES 21.50 GROVE PLAZA SHOPPING CENTER 10.50 GTO BATTERY 10.50 GUADALAJARA'S BAKERY 10.50 GUADALUPE MENDIVIL DE IRAZOQUI 21.50 GUARANTEED POOL PLASTERING 21.50 GUILLE CAMARILLO 21.50 GUILLERMO 10.50 GULF COPPER SHIP REPAIR 21.50 GULF ENGINEERING & CONSTRUCTIO 10.50 GULLIVER COMMUNICATIONS & SATELLITE 21.50 GUTIERREZ 10.50 GUY EVANS CONTRACTOR SERVICES 32.00 GUZMAN 10.50 GYMBOREE (#310) 21.50 H & M HENNES & MAURITZ 32.00 H & P AUTO 10.50 H & R BLOCK 52.50 H T SERVICES 10.50 H&B BAJA FILTERS 10.50 H. DAMON BRADEN 21.50 H.C.I. INC 10.50 H2O LIFE AQUARIUM FOODS 21.50 HAGENBACK CONSTRUCTION SERVICE 10.50 HAI SHAG 10.50 HAIR BALLERS II BARBER & 10.50 HAIR BY HEATHER 10.50 HAIR CUT PALACE 10.50 HAIR MAGIC 32.00 HAIR SALON DE MANILA 43.00 HALLOWEEN ADVENTURE 10.50 HAMRANG 10.50 HANDYMAN MATTERS-S.D. EAST 10.50 HANNAH LEES SPECIAL EVENTS 10.50 HANSON AGGREGATES 10.50 HAPPY HOLLOW MOBILE HOME PARK 10.50 BUSINESS LICENSE ADMINISTRATIVE REFUND REPORT March 1, 2010 Business Name Amount HAPPY NAILS & SPA HAPPY WAGON III HAR CONSTRUCTION HARBISON BARBER SHOP HARBORSIDE PLUMBING HARBRO CONST & CONSULTING INC HARDESTY & ASSOC HARDISTY HARDWARE CONCEPTS HARIZ MEDICAL TRANSPORTATION HARLEM INSURANCE AGENCY HARP HARRIS AND ASSOCIATES HARRIS CONCRETE HARRY R BOFFMAN JR M.D. HARVEST HOMES/HARVEST HOMES LE HAUGEN ROOF CONSTRUCTION HAWTHORNE RENT -IT SERVICE HAZARD CONSTRUCTION COMPANY HC INTEGRATED SYSTEMS HEALTHY SMILE HEARN ELECTRIC HEARTLAND MEAT CO INC HEATH FUNERAL HOME HEE YOUNG LEE HEFFLER COMPANY INC HEKMAT HERITAGE SECURITY SERVICES HERNANDEZ AND NAGAL HERNANDEZ HERNANDEZ HERNANDEZ HERNANDEZ HERNANDEZ'S ELECTRICAL SUPPLY HERRERA HERTZ EQUIPMENT RENTAL HERTZ LOCAL EDITION HHS COMMUNICATION HIBACHI SUN #56 HI-BEV LIQUOR HICKORY FARMS INC HIGH END PERFORMANCE HIGH STYLING BY BARBARA HIGHLAND ARCO HIGHLAND ARCO NORTH HIGHLAND AVENUE BAPTIST CHURCH 10.50 10.50 10.50 10.50 10.50 32.00 10.50 10.50 10.50 31.50 10.50 10.50 10.50 10.50 10.50 10.50 21.50 10.50 10.50 21.50 10.50 21.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 21.50 10.50 10.50 10.50 10.50 21.00 21.50 10.50 10.50 10.50 32.00 10.50 10.50 10.50 10.50 28/71 29/71 BUSINESS LICENSE ADMINISTRATIVE REFUND REPORT March 1, 2010 Business Name Amount HIGHLAND BARBER SHOP 10.50 HIGHLAND COMPUTER WIZARDS 10.50 HIGHLAND DENTAL - DENTAL PRAC 10.50 HIGHLAND LIQUOR MARKET 10.50 HIGHLAND MOBIL 10.50 HIGHLAND SERVICE STATION 10.50 HIGHLAND VALERO 10.50 HIGHLAND VIEW CENTER 10.50 HILARIA CHURCH 21.50 HILL 10.50 HILLCREST MANOR SANITARIUM 10.50 HILLSIDE RETAINING WALLS 10.50 HILLTOP MEDICAL TRANSPORTING 10.50 HINES NURSERIES LLC #140368 10.50 HITCHENS 10.50 HI -TECH GYPSUM 10.50 HJM FINANCIAL SERVICES 10.50 HM CONSTRUCTION 21.50 HMS ELECTRIC 10.50 HOA'S BARBER SHOP 10.50 HOAT YOU 10.50 HOLIDAY INN 21.00 HOLLISTER 278 10.50 HOLLYWOOD & HAIR 10.50 HOLLYWOOD HAIR & NAILS 10.50 HOLLYWOOD MUSIC 21.00 HOLLYWOOD VIDEO #005-493 10.50 HOLLYWOOD VIDEO #005-967 10.50 HOLLYWOOD VIDEO/GAME CRAZY 10.50 HOLY SPIRIT ASSOCIATION 10.50 HOME DEPOT #658 10.50 HOME FURNITURE 21.00 HOMEQUEST REALTY 10.50 HOMETOWN BUFFET #714 10.50 HONDO ELECTRIC INC 10.50 HONEY BANANA 10.50 HONEYS FRUIT & SMOOTHIES BAR 21.50 HONG KONG BOUTIQUE AND GIFTS 10.50 HONG NGUYEN 21.50 HOPSING'S AUTO REPAIR 10.50 HORIZON RETAIL CONSTRUCTION 10.50 HORIZONS ADULT DAY CARE HEALTH 10.50 HORN'S WELDING 10.50 HORTENCIA VILLA 10.50 HOT DOG ON A STICK #052 10.50 HOT TOPIC 10.50 sons FOR IA 9v NATI L CiTy 1;33 INCORPORATED BUSINESS LICENSE ADMINISTRATIVE REFUND REPORT March 1, 2010 Business Name Amount HOUSE OF FLAVA 10.50 HOUSE OF STYLE 10.50 HOUSEHOLD FINANCE CORP OF 10.50 HOWARD JOHNSON 10.50 HOWARD SILBERMAN 10.50 HOYT'S APPLIANCE REPAIR 10.50 HP COMMUNICATIONS 21.50 HUB CONSTRUCTION SUPPLY & EQUI 10.50 HUDSON SAFE-T-LITE 10.50 HUERTA 10.50 HUFCOR AIRWALL INC 21.50 HUGGING DAY CARE 10.50 HUGHES HEATING AND AIR COND. 10.50 HUMBERTO LEDESMA 21.50 HUME & COMPANY 21.50 HUNSAKER & ASSOCIATES SAN DIEG 10.50 HUSK PARTNERS 10.50 HUTCH'S LOCK & KEY 10.50 HYDREX PEST CONTROL 10.50 HYDRO-SCAPE PRODUCTS INC 10.50 HYPERBARIC TECHNOLGIES INC 10.50 HYTECH AUTO DETAIL 21.50 I M B WINDOW CLEANING CO 10.50 i-build it Computer Systems 10.50 ICEBERG ENTERPRISES INC 10.50 ICI PAINTS 10.50 ICING BY CLAIRE'S #8074 10.50 ICO ENTERPRISES 10.50 IDALIA SOSA 21.50 IDA'S HAIR & NAIL'S 21.50 IDEAL PLUMBING & HEATING INC 10.50 IDEAL SMOG 21.50 IDENTITY PLUS 10.50 IGLESIA BAUTISTA EMMANUEL 10.50 IGLESIA DE CRISTO 10.50 IGLESIA EVANGELICA BETHEL 10.50 IGLESIA PALABRA VIVA 10.50 IHAW IHAW GRILL & RESTAURANT 10.50 IKON OFFICE SOLUTIONS INC 10.50 IL GAFFE SOSPESO 21.50 IMAGE NATIONAL 10.50 IMAGE POINT-KHAMLA VILAYSITH 10.50 IMAGING MEDICAL ASSOCIATES 10.50 IMELDA'S 10.50 IMPERIAL LIQUOR 10.50 IMPERIAL PALACE RESTAURANT 10.50 31/71 IlvcortportATvr, BUSINESS LICENSE ADMINISTRATIVE REFUND REPORT March 1, 2010 Business Name Amount INDEPENDENT DISTRIBUTOR 10.50 INDUSTRIAL COATINGS & RESTORATIONS 10.50 INFRASTRUCTURE ENGINEERING CORP 10.50 INGENUITY ENGINEERING CORP 10.50 INLAND EMPIRE ARCHITECTURAL SPECIALTIES 21.50 INLAND PACIFIC REALTY & MORTGA 10.50 IN-N-OUT BURGERS #70 10.50 INNOVATIVE CONSTRUCTION SOLUTIONS 21.50 INNOVATIVE CUTTING DESIGNS COR 10.50 INSPEC TESTING INC 10.50 INSPIRE KITCHEN & BATH 32.00 INSTITUTE FOR PUBLIC STRATEGIES 21.50 INTEGRITY CHARTER SCHOOL 10.50 INTERAMERICAN COLLEGE 10.50 INTERIOR EXPERTS GEN BLDRS INC 21.50 INTERIOR SPECIALIST INC 10.50 INTERNATIONAL BIBLE BAPTIST 10.50 INTERNATIONAL COMMUNITY FOUNDATION 43.00 INTERNATIONAL GOLD JEWELERS 10.50 INTERNATIONAL GOLD JEWELERS 10.50 INTERNATIONAL HOME EXPORTS 10.50 INTERNATIONAL HOUSE OF 10.50 INTERNATIONAL SURF VENTURE INC 10.50 INTERSTATE FIRE PROTECTION 10.50 INVESTCAL REALTY CORPORATION 10.50 IRMA & ESTHER GONZALEZ 10.50 IRMA CISNEROS 21.50 IRON MOUNTAIN 21.00 IRON MOUNTAIN HEALTH INFO SRVC 10.50 IRONMAN PARTS & SERVICES 32.00 ISLAND SALES AND LEASING 10.50 ISSI 21.50 ITALY'S BEAUTY SALON & BARBER SHOP 10.50 J & D HOME SERVICES 10.50 J & J AUTO'S 21.50 J & L DISTRIBUTION INC 10.50 J & L JANITORIAL SUPPLY 10.50 J & M KEYSTONE 10.50 J & R KEY AND HARDWARE 10.50 J & S INVESTMENTS 10.50 J A P FINANCIAL 10.50 J AND L ENTERPRISES 21.00 J B O BUILDING & MAINTENANCE 10.50 J C ENTERPRISES 10.50 J C PENNEY OPTICAL #1163 10.50 J C TOWING INC 10.50 1EORJv1A «{+ I157cOIbpoRATt BUSINESS LICENSE ADMINISTRATIVE REFUND REPORT March 1, 2010 Business Name Amount J D BROTHERS AUTO REPAIR J H O'BRIEN LANDSCAPING & MAIN J J & K BUILDERS INC J M SUPPLY J P WITHEROW ROOFING COMPANY J.C. ENVIROMENTAL COMPANY JACK HARRISON BUICK-PONTIAC JACK IN THE BOX #3 JACK IN THE BOX 3049 JACKIE BACH JACKSON & BLANC JACKSON HEWITT TAX SERVICES JACOBS ENGINE REBUILDING JAIME RAUL INIGUEZ JAIME JALISCO INSURANCE AGENCY JAM FIRE PROTECTION JAMBA JUICE #1092 JAMES SAM JANE S GALANG DDS INC JANIS CLEANING SERVICE JAPAN KARATE ASSOCIATION S.D JARED THE GALLERIA OF JEWELRY #2427 JASMINE CHOW JAVIER GARCIA ESTRADA JAVIER HERNANDEZ JAYN CABLING JB'S INCOME TAX & NOTARY SERV JDM PROPERTIES JELCON JERAULD'S AUTOMOTIVE & MUFFLER JERRY'S BARBER SHOP JERRY'S HEATING + AIR CONDITIO JESSE AND YESENIA PEREZ JESSICA GLORIA CERVANTES JESTONI BAR & RESTAURANT JESUS & CECILIA LOYA CAFE JESUS CART SERVICE JET HEATING INC JET INVESTMENT INC NEVADA JEWELRY MART JGM CLEANING JIA XIANG ZHU JIAN XIN WANG JIM RAMIREZ JIMENEZ 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 21.50 10.50 21.50 10.50 10.50 10.50 10.50 10.50 21.50 10.50 21.50 10.50 10.50 10.50 10.50 21.00 10.50 21.50 21.50 21.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 21.50 21.50 10.50 32/71 33/71 BUSINESS LICENSE ADMINISTRATIVE REFUND REPORT March 1, 2010 Business Name Amount JIMMY COLLINS SPECIALTIES 10.50 JJJ ENTERPRISES 32.00 JKB CORPORATION 21.50 JNC PINOY FOODMART INC 10.50 JO - ANN FABRIC & CRAFT STORES 10.50 JOCSON'S AUTO BODY & PAINT INC 10.50 JOE'S STEREO 21.50 JOE'S TIRES 21.50 JOHANA JORDAN 21.50 JOHN A SANCHEZ 10.50 JOHN FORNARI & CLAUDIA DUQUE 32.00 JOHN GRIFFIN CONSTRUCTION 21.50 JOHNNIE WEST ELECTRIC 21.50 JOHNSON ELECTRIC INC 10.50 JOHNSON FAMILY TRUST 10.50 JOHNSON 10.50 JOLLIBEE 32.00 JON DAVID KATZIN 21.50 JONES & STOKES ASSOCIATES 32.00 JORGE NARANJO 21.50 JORGE SANCHEZ 10.50 JOSE & MARIA MELLA 10.50 JOSE ANTONIO ROSAS JR 10.50 JOSE L HINOSTROZA 21.50 JOSE LUIS BERMEJO/ANTONIA RAMIREZ 10.50 JOSE LUIS MANZO 10.50 JOSE RAMON GARCIA 10.50 JOSE REYES 21.50 JOSE ROCHA 10.50 JOSE VASQUEZ SERRANO 10.50 JOSEFINA GUTIERREZ 21.50 JOSEFINA M CHIROQUE 21.50 JOSEPH TULACAN 10.50 JOSE'S AUTO ELECTRIC 21.00 JOURNEYS #1038 10.50 JOURNEYS KIDZ #1644 10.50 JOY'S HOMECARE 21.50 JR BARNDS LLC 21.50 JRP AUTO SALES 10.50 JS & JS 10.50 J'S LAUNDRY LAND 32.00 JUAN CARLOS CARRILLO 10.50 JUAN CUEVAS 21.50 JUAN ROJAS 21.00 JUANA VASQUEZ 10.50 JUANITA L GARCIA 21.50 34/71 CALIFORNIA - NATI.O INCORPORATEA -) - BUSINESS LICENSE ADMINISTRATIVE REFUND REPORT March 1, 2010 Business Name Amount JUANITO FANDINO-JF DENTAL LAB JUAREZ 99c STORE JUBAO CHANGXIG CORPORATION JUDD ELECTRIC JUDY SHOES CO JUICED ELECTRIC INC JULIAN SANCHEZ JULIE OGAZON JULIO GONZALEZ JUNE JUNE COMPANY INDUSTRIAL SERVICES JUST FRAME IT JUST STAR CONSTRUCTION JY GUEST HOME K SURPLUS SALES INC K. A. ELECTRIC K.D. INC KAHLO HAIR SALON KALUSUGAN COMMUNITY SERVICES KAMGAR-PARSI KAMPS PROPANE INC KAR MOTORS KARAOKE SPECIALISTS KAREN CLEAN UPS KARIHAN FILIPINO FOOD KARINA ISABEL CAMPOS KARVON ELECTRICAL CORPORATION KARZ PLUS RV KATHY NAILS KAY AUTOMOTIVE KAY JEWELERS #1363 KC CLEANING SERVICES KDR/DPG KDS KEITH'S RESTAURANT KENTUCKY FRIED CHICKEN KER FRESH PRODUCE KEYSER MARSTON ASSOCIATES INC KEYSTONE TRAILER PARK KID-PIXS KIDS FOOT LOCKER #6757 KIDS OUTLET LLC KIM PHAT JEWELRY & REPAIR KIM KIM'S KOREAN B.B.Q. KINGS LIQUOR 10.50 21.50 10.50 10.50 32.00 21.50 21.50 21.50 21.50 10.50 21.50 31.50 21.50 21.50 10.50 21.50 21.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 21.50 21.50 21.50 10.50 21.00 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 35/71 BUSINESS LICENSE ADMINISTRATIVE REFUND REPORT March 1, 2010 Business Name Amount KIRK PAVING 10.50 KIWANIS CLUB OF NATIONAL CITY 10.50 KLEINFELDER 10.50 KNIGHT & CARVER YACHTCENTER 10.50 KNIGHT + CARVER WIND GROUP INC 10.50 KNUDSEN ROOFING INC 10.50 KOCH-ARMSTRONG GENERAL ENGR. 10.50 KONE INC. 10.50 KONICA MINOLTA BUS SOL USA INC 10.50 KONSTRUKET DEVELOPMENT INC 21.50 KOOL FIT AMERICA INC 10.50 KRAFT FOODS GLOBAL INC 10.50 KRAGEN AUTO PARTS #1722 10.50 KUGEL 10.50 KUNIKO'S BEAUTY SALON AND 10.50 KURUVADI 10.50 KYNE CONSTRUCTION INC 10.50 KYOTO GIFT AND FOOD 10.50 L A NAILS & SPA 10.50 L B C MUNDIAL CORP 21.00 L B CIVIL CONSTRUCTION 21.50 L J PRINTING 10.50 L N D ELECTRIC 10.50 LTD SHEET METAL 32.00 L T TRAVEL 10.50 L. CASTANEDA'S DOG GROOMING 21.50 L.A. INSURANCE AGENCY 21.50 L.I.S.A I. PACHECO 21.50 L3 COMMUNICATIONS 21.00 L-3 COMMUNICATIONS/PAC ORD INC 10.50 L-3 SERVICES 10.50 L-3 SERVICES 10.50 LA BARATA LOPEZ 21.50 LA BARATA 10.50 LA CANASTA .99 CENTS & MORE 32.00 LA CASA LIQUOR 10.50 LA CHIQUITA 10.50 LA COASTA NOSTRA 21.50 LA HACIENDA RESTAURANT 53.00 LA MAESTRA FAMILY CLINIC 10.50 LA MESA WORK CENTER ANNEX 10.50 LA MEXICANA 10.50 LA PUERTA CHRISTIAN CHURCH 10.50 LA RUE PLUMBING 10.50 LA SIERRA CAFE 21.50 LA TAPATIA 10.50 36/71 BUSINESS LICENSE ADMINISTRATIVE REFUND REPORT March 1, 2010 Business Name Amount LABODA PEDIATRIC CENTER 21.50 LADY CHERYL'S COIFFEURS 10.50 LADY DEVIL BASKETBALLCLUB 21.50 LADY FOOTLOCKER #6031 10.50 LAI THAI RESTAURANT 10.50 LAKEVIEW CONSTRUCTION 10.50 LAMAR SPACE INC 10.50 LAMB'S PLAYERS THEATRE 21.00 LANDSCAPE DEVELOPMENT INC 10.50 LANE BRYANT #6319 10.50 LANE FRAMING SYSTEMS 21.50 LAS GORDITAS/LOS PINGUINOS 21.50 LAS UVAS TEJUINO LA DONA 21.50 LASCO BATHWARE INC 10.50 LASER SAVER 10.50 LASSO 10.50 LATITUDE 33 PLANNING AND ENGINEERING 21.50 LAURA & JOSE JESUS ZACARIAS 10.50 LAURA PATRICIA BURCIAGA 10.50 LAUREN E LIEFLAND PHD 21.50 LAW OFFICE OF A ERWIN BAUTISTA 10.50 LAW OFFICES OF EDGARDO LOPEZ 10.50 LEADER BIKE LLC 21.50 LEDESMA'S TOWING 10.50 LEE MEN'S WEAR 21.50 LEE'S MEN'S WEAR 21.00 LEFORT'S CONSTRUCTION & LANDSC 10.50 LEGACY BUILDING SERVICES 10.50 LEIGHTON AND ASSOCIATES INC 10.50 LEKOS ELECTRIC INC. 10.50 LENSCRAFTERS #137 10.50 LEO HAIRCUT PLACE 10.50 LEONARD'S CARPET SERVICE INC 10.50 LERMA 10.50 LESLIE SKYLIGHTS 21.50 LETHUY NGUYEN 10.50 LETY'S BAZAR 10.50 LEX-TEK 10.50 LIBERTY TAX SERVICE 10.50 LIBRERIA D'GERANDO 21.50 LIBRERIA VOLVI A NACER 10.50 LIDS 10.50 LIDS #6049 10.50 LIEN BACH THI PHAM 10.50 LIFESTYLE LANDSCAPES 21.50 LIFETOUCH PORTRAIT STUDIOS INC 10.50 37/71 BUSINESS LICENSE ADMINISTRATIVE REFUND REPORT March 1, 2010 Business Name Amount LILY'S NAILS AND WAX 10.50 LILYS VIDEO AND GIFT SHOP 10.50 LINCOLN EQUIPMENT 10.50 LINE SPRESS ACCOUNTING SERV 21.50 LINEAR ELECTRIC INC 10.50 LINE-X SAN DIEGO 21.50 LISA'S BAKERY PLUS 10.50 LISA'S DESSERTS 10.50 LITTLE BROTHERS DAY CARE 21.50 LITTLE CAESAR'S PIZZA 10.50 LITTLE DRAGON CHINESE REST. 10.50 LITTLE PRINCES 21.50 LIVELY BRAKE SERVICE 10.50 LIVING ROOM CAFE 10.50 LIZAN 10.50 LIZARD! 10.50 LLOYD PEST CONTROL 10.50 LO MEJOR DEL TRIGO 21.50 LOFSTROM 10.50 LOGICAL RESPONSE PARKING ENFORCEMENT 10.50 LOLA HAPPY BAKERY 10.50 LONG'S BARBER 10.50 LOPEZ BARBER SHOP 10.50 LOPEZ 10.50 LOPEZ 10.50 LOPEZ 21.50 LORENA HERNANDEZ 10.50 LORIMAR GROUP INC 21.50 LOS BURRITOS MEXICAN GRILL 10.50 LOS CHIPOTLES 21.50 LOS TURBOS TRANSMISSION 10.50 LOTUS LOUNGE 10.50 LOURDES MIREYA HERNANDEZ 21.50 LOU'S AUTO REPAIR 10.50 LOVE CULTURE LLC 10.50 LOYA CONSTRUCTORS 10.50 LOYAL WISE 10.50 LUCKY AIR TRAVEL 10.50 LUCKY CHECK CASHING 10.50 LUCKY NAILS & SPA 10.50 LUCKY NAILS & SPA-THU THI LUU 10.50 LUCY'S REGISTRATION SVCS 21.50 LUGO & IBARRA'S LANDSCAPING 10.50 LUIS AND SON'S CONSTRUCTION 10.50 LUIS H VERGARA 21.50 LUIS ILLANES MIRANDA 21.50 38/71 CALIFORNIA -� `_-- <NCORponAT i L envy BUSINESS LICENSE ADMINISTRATIVE REFUND REPORT March 1, 2010 Business Name Amount LUNA LUPE'S BEAUTY CORNER LUU LIN MY THI LUXURY NAILS & HAIR LUZ CHIROQUE LUZ MARIA BEAUTY SHOP LUZAICH STRIPING INC LYNNS RTW BOUTIQUE M & M CONVERTERS M & M'S FAMILY CHILD CARE M & N FURNITURE MFG M & T AUTO REPAIR M.A. STEVENS CONSTRUCTION MABUHAY ENTERTAINMENT PRODUCT MABUHAY TAILORING MABUHAY TRAVEL MAC ARTHUR CO MAC COSMETICS INC MACIAS TAX SERVICES INC MACY'S MADELINE'S FLORAL GARDEN MADEMOISELLE MAGIC BRITE JANITORIAL MAGIC JUMPS MAGIC LITTLE STARS MAGNOLIA IMAGING MEDICAL GROUP MAGPERL CORPORATION MAHARLIKA MAIDS FOR LESS MAIL SERVICES PLUS MAILBOX XPRESS MAIN SQUEEZE JUICES MALICSIS GUEST HOME MALU APARTMENTS MANANSALA INSURANCE & SERVICES MANDALIN IMPORTS MANGOSING INSURANCE AGENCY MANHOLE ADJUSTING INC MANIFLO MONEY EXCHANGE INC MANIFLO MONEY EXCHANGE MANIFLO TRAVEL SERVICES MANILA MOTORWORKS MANILA SEAFOOD ORIENTAL MARKET MANILA SUNSET GRILLE MAN-K9 INC MANN ELECTRIC 10.50 21.00 21.50 10.50 10.50 10.50 10.50 21.50 21.50 21.50 21.00 10.50 10.50 10.50 10.50 10.50 21.00 10.50 21.50 10.50 10.50 10.50 21.50 10.50 21.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 21.50 10.50 10.50 10.50 21.00 10.50 32.00 21.50 21.50 39/71 CALIF NATI.. Iconpon.A RNIA EU -- BUSINESS LICENSE ADMINISTRATIVE REFUND REPORT March 1, 2010 Business Name Amount MANUELA CABRERA 21.00 MANUEL'S FURNITURE REFINISHING 10.50 MANZANARES 10.50 MAPLE COTTAGE INC 10.50 MARATHON CONSTRUCTION 10.50 MARCELA HERNANDEZ 10.50 MARCELINO FELIX GONZALEZ 21.50 MARCLAN ELECTRIC 10.50 MARCO CRANE & RIGGING COMPANY 10.50 MARCOSA J QUIROZ 10.50 MARGARITA LEYVA GARCIA 21.50 MARIA D CRUZ 21.50 MARIA DE GARCIA 10.50 MARIA DE LA PAZ LEON 10.50 MARIA DEL CARMEN REYES 10.50 MARIA DEL CARMEN RUVALCABA 10.50 MARIA ESPARZA 10.50 MARIA EUSTOLIA ESPINOZA-ESCALANTE 21.50 MARIA G CAMPOS 10.50 MARIA G TORRES 32.00 MARIA GUADALUPE ROJAS 21.00 MARIA I ANCHETA 10.50 MARIA ISABEL ROJO 10.50 MARIA JUAREZ 21.50 MARIA LEONOR PEREZ DE CONDE 21.50 MARIACHI DEL MAR 10.50 MARILYN S. AGBUYA 10.50 MARIO'S FAMILY CLOTHING 10.50 MARISCOS SINALOA #2 10.50 MARISELA CERVANTES 21.50 MARISELA MANDUJANO 10.50 MARK MOTORS 10.50 MARKS 21.00 MARLAY ENTERPRISES 10.50 MARLIN ELECTRIC INC 21.50 MARS EDRALIN'S TAX SERVICE 10.50 MARS INSPECTION INC 21.50 MARTHA A ROMAN 21.50 MARTHA ALATORRE 10.50 MARTHA ALICIA CERDA 21.50 MARTHA G CHOY 21.50 MARTHA LOUISE ROSAS 10.50 MARTHA'S BAZAR 21.50 MARTIN ALTAMIRANO 10.50 MARTIN CORPORATION 10.50 MARTIN RAMIREZ 21.50 40/71 BUSINESS LICENSE ADMINISTRATIVE REFUND REPORT March 1, 2010 Business Name Amount MARTIN ROOFING CO 21.50 MARTIN URIAS 10.50 MARTINEZ 10.50 MARTIN'S VOGUE IN FLOWERS 42.50 MARVISTA CONSTRUCTION 10.50 MAS 4 LESS 43.00 MAS CONSTRUCTION 10.50 MASCO CONTRACTOR SERVICES OF CALIFORNIA 10.50 MASER MECHANICAL INC 21.50 MASIKIP 10.50 MASILUNGAN 10.50 MASONI 10.50 MASTER PROTECTION/FIREMASTER 10.50 MASTER SHINE WINDOW WASHING 21.50 MASTERCUTS #854 21.50 MATA ENTERPRISES 10.50 MATA 10.50 MATCO TOOLS 10.50 MATERIAL SALES 10.50 MATILDE PEREZ 21.50 MATTHEWS SIGNS 10.50 MAX TOWING 10.50 MAXIM FLOOR SYSTEMS 32.00 MAXIM'S HAIR EXPRESSIONS 10.50 MAXWELL BUILDERS 10.50 MAYRA'S 10.50 MBR CONTRACTORS 10.50 MC BRIDE ELECTRIC 10.50 MC CLANAHAN 10.50 MC CONNELL CABINETS 10.50 MC CUNE CHRYSLER JEEP 10.50 MC CUNE CHRYSLER JEEP - AD 10.50 MC CUNE II 10.50 MC CUNE MOTORS 10.50 MC DONALDS #6773 10.50 MC K'S JANITORIAL CLEANING SER 10.50 McALISTER INSTITUTE MUJER 10.50 MCBRIDE DOOR & HARDWARE INC 10.50 MCCLAIN JR 10.50 MCCUNE III 10.50 MCDINIS DINER & RESTAURANT 21.50 MCDONALDS 10.50 MCKAY ROOFING CO 10.50 MCKENDRY DOOR SALES 21.50 MCKOWSKI'S MAINTENANCE SYSTEM 10.50 McMILLIN COMMUNITIES 10.50 41/71 BUSINESS LICENSE ADMINISTRATIVE REFUND REPORT March 1, 2010 Business Name Amount MECHANICAL REFRIGERATION SERV 10.50 MEDED CONSULTANTS 10.50 MEDICAL CLINIC 10.50 MEJORADO 10.50 MELHORN CONSTRUCTION 10.50 MELIJA MUSIC AND ARTS 10.50 MELINDA'S SPORTS GEAR 10.50 MELISSA MEJIA 21.50 MELISSA ORTEGA 21.50 MENDEZ ENTERPRISE 21.50 MENDOZA 10.50 MENEMSHA CONSTRUCTION SOLUTIONS 21.50 MEN'S WEARHOUSE & TUX #2394 10.50 MENSAJEROS DE PAZ 21.50 MENUDERIA DON VICENTE 10.50 MERCEDITA GEMMA P MAGYAWI 10.50 MERCY'S HAIR SALON & PHTGRPHY 10.50 MERINO LANDSCAPE INC 32.00 MERKEL & ASSOCIATES INC 10.50 MERLYN CHRISTIAN IND LIVING 10.50 METAL TECH CONSTRUCTION 10.50 METRO FIRE & SAFETY 21.50 MEXICAN TOYS-JOVITA VAZQUEZ 10.50 MEZA AUTO BODY 10.50 MEZA'S TOWING 10.50 MG BUSINESS & TAX SERVICE 21.50 MGC REALTY 10.50 MGH MILITARY INS SERVICES 31.50 MI COCINA RESTAURANT 21.50 MI ESCUELITA FAMILY CHILD CARE 10.50 MI PEQUENO SOLECITO 32.00 MICHAEL'S PLUMBING -ELECTRICAL BUILDING REPAIRS 10.50 MICHAL PIASECKI CONSULTING 10.50 MICROWAVE SOLUTIONS INC 10.50 MIG 21.50 MIGUEL REYES 10.50 MIKE ELECTRIC 21.50 MIKES GIANT -NY -PIZZA #5 10.50 MIKES NEWS STAND & GIFT SHOP 10.50 MIKHAIL 10.50 MILDRED RIVERA 21.50 MILKS 10.50 MILLARD MALL SERVICES INC 10.50 MILLER MARINE 10.50 MILLER PAVING CORPORATION 10.50 MILLER 10.50 42/71 BUSINESS LICENSE ADMINISTRATIVE REFUND REPORT March 1, 2010 Business Name Amount MILLS COMMUNICATION 10.50 MINSHEW BROTHERS STEEL CONSTRU 10.50 MIRAE WIRELESS LLC 21.50 MIRAMAR BOBCAT INC 10.50 MIRELES 10.50 MIRIAM J TAMORIA DENTAL CLINIC 10.50 MIRIAM'S HAIR CREATION 10.50 MIRNEL HANDYMAN 10.50 MIS TESORITOS CHILD 10.50 MISAKO HIROTA DMD 10.50 MISSION CHEMICAL CO/MISSION 10.50 MISSION LINEN SUPPLY INC 10.50 MISSION POOLS OF ESCONDIDO 10.50 MISSIONARY CHURCH OF THE 10.50 MITSUBISHI ELECTRIC & 21.00 MIX N' MATCH FURNISHINGS 10.50 MIXAY CHANTHALA 10.50 MIYAKO RESTAURANT 10.50 MJC CONSTRUCTION 10.50 MMS DESIGN ASSOCIATES 10.50 MOBILE MONEY 10.50 MOBILE SOLUTION INC. SAN 0715-BONITA # 1 10.50 MOD SPACE 10.50 MODENA MOTORS 10.50 MODERN MASONRY 10.50 MODESTATE WIRELESS 10.50 MOLINA 10.50 MOMAX TRUCK DRIVING SCHOOL 10.50 MOMMY AND ME CHILDREN'S RE -SALE 10.50 MONEY WHEEL MORTGAGE CO 10.50 MONICA SANDOVAL 21.50 MONIN MARBLE AND GRANITE STORE 10.50 MONTELO'S CLEANING SERVICES 10.50 MONTIJOS BACKHOE INC 10.50 MONY ICE CREAM 10.50 MOODY'S LUNCH SERVICE 10.50 MOON DUK CHANG 10.50 MORA 10.50 MORALES 10.50 MORE BRAKES TUNE N GLASS 10.50 MORE STYLES BY KAREN 10.50 MORGAN LINEN SUPPLY 10.50 MORGAN SQUARE 10.50 MORLEY CONSTRUCTION 10.50 MORNING BREEZE HOME 10.50 MORROW -MEADOWS CORPORATION 10.50 43171 BUSINESS LICENSE ADMINISTRATIVE REFUND REPORT March 1, 2010 Business Name Amount MOSSY NISSAN 31.50 MOTHERHOOD MATERNITY #373 10.50 MOTHER'S NUTRITIONAL CENTER 10.50 MOTIVATIONAL SYSTEMS INC 21.00 MOTOR MACHINE & SUPPLY 10.50 MOTOR WORKS 10.50 MOTTA CONCRETE CONSTRUCTION 32.00 MR.NEON INC. 10.50 MSC PHYSICIAN BILLING SERVICES 10.50 MULTI VISUAL STUDIOS 21.50 MUNI SERVICES 21.00 MURGUIA'S TUXEDO & BRIDAL 10.50 MURGUTA'S TUXEDO & BRIDAL ACCESSORIES 21.50 MURRIETA 10.50 MUSIC CENTRUM 10.50 MUSIC LEARNING CENTER 21.50 MUSICA VIDEO VISION 21.50 MY LITTLE SCHOOL HOUSE CHILD CARE 21.50 MY PLUMBER OF SAN DIEGO LLP 10.50 MY WIRELESS 64.50 MYKIES LAWN AND POWER EQUIPMENT 21.50 MYLYN'S FASHION OF SAN DIEGO 10.50 MYRNA'S BEAUTY SHOPPE 10.50 N CITY SPORTS LOUNGE 10.50 N GLANTZ & SON LLC 10.50 N PRODUCTS 10.50 NACIONAL TOWING 43.00 NAIL TEKZ 21.50 NAIL TEKZ INC 10.50 NAILS 4 LESS & SALON 32.00 NAILS BY HUONG 10.50 NAILS BY KIM 21.00 NAILS BY LONG #2 10.50 NAILS BY TIN 10.50 NAILS FOR LESS 10.50 NAIL'S GONE WILD 21.50 NAILS MART 21.50 NAM NGUYEN 10.50 NANCY'S BOARD & CARE 10.50 NANETTE YORBA 32.00 NANI MOKU HAWAIIN BBQ 10.50 NAPA AUTO PARTS 10.50 NAPOLEONE PIZZA 10.50 NARRA MANTUFAR 21.50 NATALINA ENTERPRISES 10.50 NATIONAL AIR INC 10.50 NIA NCO RPBR ItT'gl) BUSINESS LICENSE ADMINISTRATIVE REFUND REPORT March 1, 2010 Business Name Amount NATIONAL CITY AUTO BODY NATIONAL CITY AUTO CENTER INC NATIONAL CITY AUTO TRIM INC NATIONAL CITY CAR WASH NATIONAL CITY COIN LAUNDRY NATIONAL CITY COMMERCIAL CENTER NATIONAL CITY DENTAL LAB NATIONAL CITY DEPOT NATIONAL CITY ELECTRIC NATIONAL CITY EYE CARE NATIONAL CITY FAMILY CENTER NATIONAL CITY FAMILY CLINIC NATIONAL CITY FLOORCOVERING NATIONAL CITY FLORIST NATIONAL CITY FURNITURE NATIONAL CITY GOLF COURSE NATIONAL CITY GROCERY OUTLET NATIONAL CITY HISTORIC OFFICES & ARCHIVES NATIONAL CITY HISTORICAL SOCIETY NATIONAL CITY HOST LIONS CLUB NATIONAL CITY LIQUOR & DELI NATIONAL CITY MARKET NATIONAL CITY MOTORCYCLE INC NATIONAL CITY NUTRITION STORE NATIONAL CITY PARK APARTMENTS 1 NATIONAL CITY PARK APARTMENTS 2 NATIONAL CITY PAYMENT CENTER NATIONAL CITY PLAZA NATIONAL CITY POP WARNER DIABLOS NATIONAL CITY REALTY SERVICES NATIONAL CITY RUBBISH SERVICE NATIONAL CITY SELF STORAGE LTD NATIONAL CITY SEWING NATIONAL CITY SHELL NATIONAL CITY SMOG NATIONAL CITY SWAP MEET NATIONAL CITY TRANSFER & NATIONAL CITY TROPHY NATIONAL CITY VALERO NATIONAL COIN LAUNDRY NATIONAL CONST. RENTALS NATIONAL DRYWALL CORPORATION NATIONAL IRON WORKS NATIONAL LOCK NATIONAL MECHANICAL SERVICES NATIONAL MOTOR WORKS 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 31.50 21.00 10.50 10.50 10.50 10.50 10.50 10.50 10.50 21.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 21.50 10.50 10.50 21.50 10.50 10.50 10.50 10.50 44/71 NIA CITY RATE BUSINESS LICENSE ADMINISTRATIVE REFUND REPORT March 1, 2010 Business Name Amount NATIONAL PETROLEUM INC NATIONAL PROTECTION INDUSTRIES NATIONAL SUNROOF NATIONAL SUNROOF AUTO SPA NATIONAL TRAVEL & TOURS NATIVIDAD SOLARES NAT'L CITY CHAMBER OF COMMERCE NATON ENGINEERING NATZUKO BEAUTY SALON NBS NC MOTOR SPORTS AUTO REPAIR NEIGHBORHOOD NATIONAL BANK NEIL COMMERCIAL DOOR INC NELGEN DISTRIBUTORS NELLANS CARPET AND DRAPERIES NELSON INDUSTRIAL SERVICES INC NERRYDAS JUMPS NESTLE TOLL HOUSE CAFE BY CHIP NESTLE WATERS NORTH AMERICA INC. NETFA EDUCATIONAL PUBLICATIONS NEVWEST NEW AGE TRANSPORT INC NEW LIFE BARRIER NEW YORK & CO #852 NEW YORK PIZZA PLAZA NEWTOWN EXPRESS CHINESE FOOD NEX HORIZON BROADBAND OF S.C. NEXT BUMPER REPAIR AND DETAIL MOBILE NEZHADIAN NFAROOQUI ENTERPRISES LLC NGO NGOC THAI NGO THI THA NGUYEN HUONG NGUYEN TRUC NGUYEN NHI KHANH TANG NICKEL SILICON CARBIDE NICOLAS SALINAS TORRES NICOLLS INC NICOM USA NIEBLAS NIEDERFRANK'S ICE CREAMS INC NIETO NINYO & MOORE NISSI'S BARGAIN CITY NIXTERMITE INC. 10.50 10.50 21.50 21.50 10.50 21.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 21.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 21.50 10.50 21.50 10.50 10.50 10.50 21.50 21.50 21.50 21.50 21.50 10.50 10.50 21.50 10.50 10.50 10.50 10.50 21.00 10.50 10.50 10.50 45/71 46/71 CALIFORN NATIO `-- tscoRPdRATE 'tip a! BUSINESS LICENSE ADMINISTRATIVE REFUND REPORT March 1,2010 Business Name Amount NMS MANAGEMENT INC 10.50 NO FEAR RETAIL STORES 10.50 NOBLE PREMIUMS 10.50 NOEL'S HAIR SALON 10.50 NORAM INT'L BUSINESS DEVELOPMN 10.50 NORDAN PLAZA 10.50 NORMA NOUZNEDA PHONEPHALY 21.50 NORMA'S APPAREL 10.50 NORMY'S HAIR STYLING 10.50 NORTH COUNTY ACOUSTICS 10.50 NORTH COUNTY SOLAR 21.50 NORTH STAR FOOD SERVICE EQUIPMENT & DESIGN INC 21.50 NORTH STATE ENVIRONMENTAL 21.50 NORTH 10.50 NOVEDADES RAQUEL 10.50 NOVEDADES SOFIA 10.50 NRC ENVIROMENTAL SERVICES INC 10.50 NSC SERVICE CORPORATION 10.50 N-TIER OUTSOURCE SOLUTION 21.50 NU FLOW AMERICA INC 10.50 O.D.L.D. CONSTRUCTION 10.50 O.K. WHOLESALE 10.50 OAK ISLAND HEATING & A/C 10.50 OAK TREE LANSCAPING 21.50 OANH VAN TRAN 10.50 OFFICE DEPOT #963 31.50 OFFICE SUPPLIES PLUS 10.50 OHANA HAWAIIAN ISLAND BBQ 10.50 OJ INSULATION LP 10.50 OLD NAVY #5692 10.50 OLD SCHOOLHOUSE SQUARE 21.00 O'LEISURE HAIR DESIGN 21.50 O'LIESURE HAIR DESIGN 21.50 OLIVAS 10.50 OLSEN-SIMMONS CABINETRY 10.50 OLYMPIC AUTO SALES 10.50 OMAIDA IGLESIAS 10.50 OMEGA INDUSTRIAL MARINE 21.50 OMNI PHASE RESEARCH LABS INC 10.50 ON THE LEVEL BUILDER 21.50 ON TIME STRIPING 21.50 ONE SOURCE DISTRIBUTORS 10.50 ONE TEN LIQUOR STORE 10.50 O'NEIL & ASSOCIATES INC 10.50 ONELL PROFESSIONAL HEALTHCARE REC AGENCY 10.50 ONTIVEROS CONSTRUCTION CORP 10.50 47/71 BUSINESS LICENSE ADMINISTRATIVE REFUND REPORT March 1, 2010 Business Name Amount OOH LA LA 10.50 OPEN ARMS ADHC 10.50 OPERATION SAMAHAN COMMUNITY HEALTH CTR 31.50 OPERATION SAMAHAN HEALTH 10.50 OPERATION SAMAHAN INC 10.50 OPERATION SAMAHAN 31.50 ORANGE COAST PLASTERING 21.50 ORCHID CONSTRUCTION 21.50 ORDER OF THE EASTERN STAR #345 10.50 ORIENTAL CAFE 10.50 ORION WOODCRAFT INC 21.50 ORKIN EXTERMINATING INC 10.50 ORO ARTE JEWELRY REPAIR 10.50 OROZCO QUALITY XMAS TREES 10.50 ORTEGA 10.50 ORTHO MCNEIL-JANSSEN PHARMACEUTICALS INC 10.50 ORTIZ & ALLDS SANDBLASTING & 10.50 OSHMAGO PROFESSIONAL SERVICES 10.50 OSMIN MENDEZ 10.50 OTIS ELEVATOR COMPANY 10.50 OUCHIS POWER EQUIPMENT 10.50 OUR BEAUTY SHOPPE 10.50 OUTBACK STEAKHOUSE 10.50 OXYHEAL MEDICAL SYSTEMS 21.50 P A COIN OPERATED ENTERPRISES 21.00 P AND Y ENTERPRISE 10.50 P B E WAREHOUSE INC 10.50 P NJ B REMITTANCE CENTERS INC 10.50 PABLO B RODRIGUEZ 32.00 PAC SUN #873 21.00 PACIFIC AMBULANCE INC 10.50 PACIFIC AUTO REPAIR 10.50 PACIFIC BELL 32.00 PACIFIC BELL DIRECTORY 10.50 PACIFIC BUILDERS HRDWR & LIGHT 10.50 PACIFIC BUILDING GROUP 10.50 PACIFIC COAST CLEANING 21.50 PACIFIC COAST INTERIORS 21.50 PACIFIC DEFENSE SYSTEMS 10.50 PACIFIC HEALTH SYSTEMS 10.50 PACIFIC HOMEWORKS 10.50 PACIFIC LATH & PLASTER INC 10.50 PACIFIC MASONRY INC 21.50 PACIFIC MUNICIPAL CONSULTANTS 10.50 PACIFIC PRODUCTION PLUMBING 10.50 PACIFIC SHORES CO 21.50 48/71 CA1_OEO.. NATIIr 11 x.conpORATE. _... BUSINESS LICENSE ADMINISTRATIVE REFUND REPORT March 1, 2010 Business Name Amount PACIFIC SOUTHWEST BIOLOGICAL 10.50 PACIFIC STEEL INC 10.50 PACIFIC STEEL PROJECTS 21.50 PACIFIC STRUCTURES CONSTRUCTION 10.50 PACIFIC WEST BUILDERS 10.50 PACKING & SEALS INC 10.50 PALACIOS CONSTRUCTION 32.00 PALOMAR AMUSEMENTS 32.00 PALOMAR GRADING & PAVING 32.00 PALOMO SOLANO 10.50 PAN WO CONSTRUCTION 21.50 PANAMERICANA TRAVEL 21.00 PANDA EXPRESS 10.50 PANDA PALACE CHINESE 10.50 PAPA GALLO-CAFE 21.50 PAPA JOHN'S PIZZA #1335 10.50 PAPO GALLO CAFE 21.50 PAR ELECTRICAL CONTRACTORS 10.50 PARACLETE FIRE & SAFETY 10.50 PARADISE CLEANERS 10.50 PARADISE CREEK EDUCATIONAL PK 10.50 PARADISE CREEK HOLDING CORP 10.50 PARADISE FAMILY HEALTH CENTER 10.50 PARADISE HILLS FAMILY CLINIC 21.50 PARADISE MOTEL 10.50 PARADISE MOTORCARS 32.00 PARADISE MOTORCARX 21.50 PARADISE SENIOR HEALTH CENTER 10.50 PARADISE VALLEY FED CREDIT 21.00 PARADISE VALLEY HLTH CARE CTR 10.50 PARADISE VALLEY HOSPITAL 31.50 PARADISE VALLEY MEDICAL GROUP INC 10.50 PARADISE VILLAGE 21.50 PARAMOUNT FIRE SYSTEM INC 10.50 PARDUE 10.50 PARKS CHILD DEVELOPMENT CTR (T 10.50 PARKS MOTORS 10.50 PARTY CITY OF NATIONAL CITY 10.50 PARTY PRODUCTION RENTALS 21.50 PARTY ZONE 21.50 PASHA AUTOMOTIVE SERVICES 10.50 PASHA FREIGHT SYSTEMS 10.50 PASTORAL CARE & CNSLNG OF N.C. 10.50 PAT & OSCAR'S 10.50 PATITO CATERING 10.50 PATRICIA RODRIGUEZ 21.50 49/71 CALIFORNiA BUSINESS LICENSE ADMINISTRATIVE REFUND REPORT March 1, 2010 Business Name Amount PATRICIA ROMO 10.50 PATRICIO 10.50 PATRICK SHAW ENGRAVING 10.50 PATRIOT AUTO CARE AND BRAKES 21.00 PATTY'S LINEN RENTAL 21.00 PAUL B MOREL 21.50 PAVEMENT RECYCLING SYSTEMS INC 10.50 PAXTON TOWING INC 10.50 PAYCO SPECIALTIES 10.50 PAYLESS SHOE SOURCE #2792 10.50 PAYLESS SHOE SOURCE #6471 10.50 PAYLESS SHOESOURCE #3648 10.50 PBC COMMERCIAL 10.50 PBS&J 10.50 PC LIGHTING AND ELECTRIC 32.00 PEEK A BOO DAY CARE 10.50 PELL MELL SUPPLY INC 10.50 PENA 10.50 PENECOSTAL HOLINESS CHURCH 10.50 PENHALL COMPANY 10.50 PENNEY 10.50 PENNEY 10.50 PENSKE TRUCK LEASING CO LP 10.50 PENTAGON CARGO 10.50 PENTECOSTAL MISSIONARY CH OF 10.50 PEPPER OIL CO INC 10.50 PERALES 10.50 PEREZ 10.50 PEREZ 10.50 PERFECTION PAINTING 21.50 PERFUME GALLERY (KIOSK) 21.50 PERFUME GALLERY (STORE) 21.50 PERIDOT JEWELRY REPAIRS 21.50 PERRY ELECTRIC 21.50 PERRY FORD -NATIONAL CITY 21.00 PERSEPECTIVES IN TRANSPORTATION 10.50 PET MARKET 10.50 PETER PIPER PIZZA 10.50 PETRA GEOTECHNICAL 10.50 PETRO AUTO CARE 21.50 PGP VALUATION INC 21.50 PHAM 21.50 PHAN GRAPHICS & PRINTING 10.50 PHILIP CHODUR 10.50 PHILIPPINE MABUHAY NEWS 10.50 PHILLIPS BOOKKEEPING & TAX SER 10.50 50171 BUSINESS LICENSE ADMINISTRATIVE REFUND REPORT March 1, 2010 Business Name Amount PHONE SHOP 10.50 PHUONG PHAM 21.50 PHYSICAL REHAB CENTER 10.50 PHYSIO-CONTROL 21.50 PICAZO 10.50 PICAZO 10.50 PICKLE BARREL DELI 10.50 PIER 32 MARINA 10.50 PIERCING PAGODA #94 10.50 PINE TREE LUMBER CO LP 10.50 PINKY'S JEWELRY 10.50 PINNACLE APPLIANCE DISTRIBUTOR 21.50 PINOY FIESTA INC 10.50 PINOY RANCH 10.50 PITNEY BOWES INC 10.50 PIZZA HUT #315044 10.50 PIZZA HUT #315059 10.50 PIZZA MIA 10.50 PIZZA PLAZA 21.50 PJTSS WHOLESALE 21.00 PLANET PAGING 10.50 PLANET X #514 10.50 PLANETBIDS INC 10.50 PLANNED PARENTHOOD OF SD & RIV 10.50 PLAY BALL 10.50 PLAZA BLVD PET HOSPITAL 10.50 PLAZA BONITA LP 10.50 PLAZA BONITA REFERENCE 10.50 PLAZA COIN LAUNDRY 10.50 PLAZA DONUTS 21.50 PLAZA GALLERIA 10.50 PLAZA MANAGEMENT CO 21.50 PLAZA NAILS 10.50 PLAZA PHARMACY 10.50 PLAZA TRUE VALUE HARDWARE 10.50 PLAZA VILLAGE BARBER SHOP 10.50 PLAZA VILLAGE COIN LAUNDRY 10.50 PODIATRY ASSOCIATES OF SD 10.50 POINT LOMA CREDIT UNION 10.50 POINT POINT JOINT (TURO-TURO) 10.50 POLANCO FURNITURE INC 10.50 POLLO AMIGO #2 10.50 POPEYES CHICKEN 10.50 POPEYE'S FAMOUS FRIED CHICKEN 10.50 PORT WOOD INTERNATIONAL INC 10.50 PORTABLE COMPUTER SYSTEMS 10.50 51/71 BUSINESS LICENSE ADMINISTRATIVE REFUND REPORT March 1, 2010 Business Name Amount PORTILLO CONCRETE 10.50 POSTURECARE MATTRESS MFG 10.50 POTTER ELECTRIC INC 21.00 POWER COMMUNICATION SYSTEMS 10.50 POWER TIRE #4 INC 10.50 PRATT EQUIPMENT CORP 10.50 PRECISION BIKE PARTS 10.50 PRECISION CONCRETE CONSTRUCTIO 10.50 PRECISION EYE CARE 21.00 PRECISION INTERIORS 21.50 PRESIDENTIAL LIMOUSINE LLC . 10.50 PRESTIGE AUTO BROKERS 10.50 PRESTIGE CARE SERVICES 10.50 PREVOST CONSTRUCTION INC 10.50 PRIDE INDUSTRIES INC 10.50 PRIMARY CARE PHYSICIANS OF 10.50 PRIMERA IGLESIA BAUTISTA DEL 10.50 PRINCESA 21.50 PRO DRAIN AND PLUMBING SERVICE 10.50 PRO HAIRCUTTERS 10.50 PRO MEN'S WEAR 10.50 PRO STREET LIGHTING INC 32.00 PROACTIV 10.50 PROCHEM SPECIALTY PRODUCTS INC 10.50 PRO -CUTS 10.50 PROFESSIONAL REAL ESTATE INVES 10.50 PROFESSIONAL REAL ESTATE MGMT 10.50 PROGRESSIVE SERVICES 32.00 PROJECT CONCERN INTERNATIONAL 10.50 PROJECT DESIGN CONSULTANTS 10.50 PROSPECTRA CONTRACT FLOORING 10.50 PROSTREET LIGHTING 10.50 PRO -TECH FIRE PROTECTION SYST 10.50 PROTECTION ONE ALARM MONITORING 10.50 PROTO MACHINING 10.50 PROWALL LATH & PLASTER INC 10.50 PRUDENTIAL OVERALL SUPPLY 10.50 PS SERVICES 10.50 PTM GENERAL ENGINEERING SVCS 21.50 PULSE MED SUPPLY 21.50 PUMPKIN PATCH 10.50 PUMPKIN STATION 10.50 PUPPET SAFARI 10.50 PURE & CLEAR WATER STORE 10.50 PURE WATER PLUS 10.50 PURE-FLO WATER INC - RETAIL 10.50 52/71 CALIFORNIA • •- INCORPORATED .. BUSINESS LICENSE ADMINISTRATIVE REFUND REPORT March 1, 2010 Business Name Amount PUTRUS PYATOK ARCHITECTS PYRO SPECTACULARS INC QUALITY 4 LESS THRIFT STORE QUALITY GENERAL ENGINEERING QUALITY PAINTING & WALLCOVER QUALITY PRINTING INC QUALITYWAY BUILDING MAINTENANC QUEST DIAGNOSTICS # 6814389 QUICKTECH COMPUTER SOLUTIONS QUIERE ADEGAZAR? ENTRE AQUI QUIZNOS SUB QUY THI NHU HONG QWIK KORNER R & B BARBER SHOP R & I AUTO GLASS R & M RELIGIOUS SUPPLY R & R SOLUTIONS R A S FASHIONS R B ENTERPRISES R C P BLOCK & BRICK INC R HARRIS & CO R L MAYS CONSTRUCTION INC R.G. MOBILE AUTOMOTIVE SERV RAD ELECTRIC SUPPLY INC RADIATOR DEPOT RADIO LATINA RADIO SHACK #3123 RAFAEL HERNANDEZ RAINBOW STEEL INC RAINBOW VENDING RAINBOW WORLD TRAVEL RALPHS GROCERY COMPANY NO 101 RAMIREZ RAMMAL RAMON LOPEZ ORTIZ RANCH HOUSE LIQUOR RANCHO DEL ORO TOWING RANDI R COOPER RANFLO ENTERTAINMENT RANGEL RANGER COMMUNICATIONS RAPHAEL'S PARTY RENTALS RAPID WIRELESS RASPADOS MICHOACAN RAVEN INSURANCE 10.50 10.50 10.50 21.50 21.50 10.50 21.50 10.50 10.50 10.50 21.50 10.50 21.50 21.50 10.50 21.50 21.50 32.00 21.00 10.50 10.50 43.00 10.50 10.50 10.50 10.50 10.50 10.50 21.50 21.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 21.50 53/71 BUSINESS LICENSE ADMINISTRATIVE REFUND REPORT March 1, 2010 Business Name Amount RAYNE WATER SYSTEMS 10.50 RB EXPRESS ELECTRIC INC 10.50 RBF CONSULTING 10.50 RCBC REMIT CENTER 10.50 RCR PLUMBING AND MECHANICAL 21.00 RD ENGINEERING & CONST 10.50 REAL DENTAL CARE 21.50 REBBECA'S ICE CREAM MOBIL 10.50 RECON ENVIRONMENTAL INC 10.50 RED BIRD MARKET 10.50 RED CAB CO 10.50 RED HOT FASHION SHOES 21.50 RED RIBBON BAKESHOP 42.50 RED RIBBON BAKESHOP INC. 10.50 RED TRUCK FIRE & SAFETY CO 10.50 RED WING SHOE STORE 10.50 REDBOX AUTOMATED RETAIL 37.50 REECE FINANCIAL 10.50 REFRIGERATION SYSTEMS AND CONSTRUCTION INC 10.50 REGALA INSURANCE SERVICES 10.50 RELENTLESS AUTO SPORTS LLC 21.50 RELIABLE SPRING & SUSPENSION 21.50 RELIANCE METAL CENTER 10.50 RELIANT PARKING SOLUTIONS 21.50 REMEDIATION SYSTEM SERVICES 10.50 REMEDY -TECH INC 21.50 REMIX DISCOTECA 10.50 RENE ROCHA FABRICS 10.50 RENE'S JEWELRY & REPAIR SHOP 10.50 RENT -A -CENTER #01072 10.50 RENTERIA 10.50 REPUBLIC INTELLIGENT TRANSPORTATION SVC 10.50 RESH 10.50 RESIDENTIAL WALL SYSTEMS 42.50 RESTARUANT FACILITIES GROUP 21.50 REVELES STRIPING 10.50 REVOLUTION 10.50 REYES CONSTRUCTION INC 10.50 REYES 10.50 REYES 10.50 RGIS 21.50 RHEA'S HAIR SALON 21.50 RICHARD MEADOWS 21.50 RICHARD'S NATIONAL FURNITURE 10.50 RICHARDS SERVICES 10.50 RICHARDSON STEEL INC 10.50 EAt LFOR.N;IA IiVCORPORAT>;D BUSINESS LICENSE ADMINISTRATIVE REFUND REPORT March 1, 2010 Business Name Amount RICK ENGINEERING COMPANY RICK VILLARIN AUTOMATIC FIRE RICK'S MOBILE GLASS RICKYS REGISTRATION SERVICE RIGOBERTO VALENCIA FUENTES RIOS CHIROPRACTIC RISSE HAIR STUDIO RITA CORONADO RITCHIE PLUMBING INC R I VAS RIVERSIDE CEMENT COMPANY RJ CAB RJ DAUM CONSTRUCTION RJA MANAGEMENT SERVICES RMJ INC ROBERT WAYNE FOOTWEAR ROBERTO CHAVEZ ROBERTO'S JEWELRY INC ROBERTS ELECTRIC SERVICE ROBERTSONS READY MIX ROBINSON ELECTRIC ROCHIN OFELIA FAMILY CH C ROCHINY EXHAUST CLEANING CO RODEO'S MEAT MARKET RODEWAYINN RODOLFO MORENO RODRIGUEZ APPLIANCE RODRIGUEZ RODRIGUEZ ROEJACK ROOFING INC ROGERS ELECTRIC ROLLING FRITO-LAY SALES LP ROMERO ROMERO'S ROOFING SERVICE INC RONALD MARMON RONNIE'S ELECTRONICS - AUTO ROOF CONSTRUCTION RORE INC ROSA E CASTELLON BOOKKEEPING ROSA HERNANDEZ ROSE HAIR DESIGN ROSS DRESS FOR LESS #393 ROSS ROSSI'S SALON @ THE VILLAGE ROTO-ROOTER ROWAN ELECTRIC 10.50 10.50 10.50 21.50 10.50 10.50 21.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 21.50 10.50 21.50 21.00 10.50 10.50 21.50 10.50 10.50 21.00 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 21.50 10.50 10.50 10.50 21.50 10.50 10.50 54/71 55/71 BUSINESS LICENSE ADMINISTRATIVE REFUND REPORT March 1, 2010 Business Name Amount ROX FOX 32.00 ROYAL BLAZERS SCHOOL UNIFORMS 10.50 ROYAL MANDARIN 10.50 ROYALE WEAR 10.50 RP ENGINEERS INC 10.50 RQL CONSTRUCTION INC 21.50 RSD TOTAL CONTROL 10.50 RSL CHEST CLINIC A MEDICAL COR 10.50 RTM INTERNATIONAL LLC 10.50 RUBY'S EMBROIDERY 10.50 RUDY BAGORIO FINANCIAL AND TAX SERVICES 21.50 RUIZ TREE SERVICE 10.50 RUIZ 10.50 RUIZ 10.50 RUIZ 10.50 RUSS' BEE REMOVAL 10.50 RUSSELL PLUMBING + SUPPLIES 10.50 RYAN HYDRAULIC SERVICE INC 10.50 S & K SALES COMPANY 10.50 S & R SHELL STATION 10.50 S & S WELDING 21.00 S AND S TRAVEL AGENCY 10.50 S C I 21.50 S D A SECURITY SYSTEMS INC 10.50 S I S MARKETING 10.50 SKSINC 10.50 S L FUSCO INC 10.50 S 0 S ROOTER INC 10.50 S&J BUILDERS & RESTORATION SVC 10.50 S.P. WHITE CONSTRUCTION 21.50 SAFELITE 10.50 SAFETY-KLEEN SYSTEMS INC. 10.50 SAINT MARY'S CHURCH 10.50 SAINT MATTHEW S EPISCOPAL 10.50 SAJO CONSTRUCTION INC. 10.50 SALDANA 10.50 SALEEM ISHAQUE 10.50 SALLY BEAUTY SUPPLY #606 10.50 SALM GENERAL ENGINEERING & GRADING 21.50 SALUD BELLEZA Y FIGURA 21.50 SAM'S ALIGNMENT 10.50 SAM'S BEAUTY PLUS 10.50 SAMSON PCS 21.50 SAN ANTONIO DE PADUA CHURCH 10.50 SAN DIEGO A.C.T.I.V.E. 21.50 SAN DIEGO ADAPTIVE SPORTS FNDT 10.50 NAT ` INCORI'ORA'T'�'+ BUSINESS LICENSE ADMINISTRATIVE REFUND REPORT March 1, 2010 Business Name Amount SAN DIEGO AIRCRAFT INTERIORS SAN DIEGO ARCHITECTURAL METALS SAN DIEGO AUTO DETAIL INC SAN DIEGO AUTO FINANCE SAN DIEGO AUTO NETWORK SAN DIEGO AUTOMOTIVE MUSEUM SAN DIEGO BLOOD BANK SAN DIEGO CENTRAL PLUMBING SAN DIEGO CHEMICAL EXHAUST SAN DIEGO COLD STORAGE SAN DIEGO CONCRETE CUTTING CO INC SAN DIEGO COUNTY REAL ESTATE SAN DIEGO CRANE & HOIST SAN DIEGO DATA SERVICES SAN DIEGO DENTAL SEMINARS INC SAN DIEGO DIALYSIS SERVICES SAN DIEGO DRAIN EXPERTS SAN DIEGO ELECTRIC SIGN SAN DIEGO FIRE PROTECTION SAN DIEGO GAS AND ELECTRIC SAN DIEGO HYDRAULICS INC SAN DIEGO INFECTIOUS DISEASE CONSULTANTS SAN DIEGO KOREAN BAPTIST CHURC SAN DIEGO LEATHER INC SAN DIEGO MEDICAL SERVICES SAN DIEGO MEDICAL TRANSPORT INC SAN DIEGO MEDICAL TRANSPORT SAN DIEGO MOBILITY CENTER SAN DIEGO MOTORSPORTS SAN DIEGO NEIGHBORHOOD HOMESCHOOLS SAN DIEGO ORTHOPEDIC SUPPLIES SAN DIEGO PAIN REHAB SAN DIEGO PET SUPPLY SAN DIEGO PLASTICS INC SAN DIEGO POOL PLASTERING SAN DIEGO PRETZEL COMPANY SAN DIEGO PUMAS SOCCER CLUB SAN DIEGO PUMP INC SAN DIEGO REGIONAL CNTR DEV SAN DIEGO RESTORATION SAN DIEGO SEAFOOD SAN DIEGO TAN SAN DIEGO TIJUANA BORDER INTIT SAN DIEGO WOOD PRESERVING SAN JOSE DRY CLEANERS SAN JOSE EMBROIDERY INC 21.50 21.50 10.50 32.00 10.50 10.50 10.50 10.50 10.50 10.50 21.50 10.50 10.50 10.50 10.50 10.50 21.50 10.50 21.00 10.50 10.50 32.00 10.50 10.50 10.50 21.50 10.50 10.50 10.50 21.50 10.50 10.50 10.50 10.50 21.50 10.50 21.50 10.50 10.50 21.50 10.50 10.50 10.50 10.50 10.50 10.50 56/71 57/71 BUSINESS LICENSE ADMINISTRATIVE REFUND REPORT March 1, 2010 Business Name Amount SAN JOSE MEXICAN DELI & 10.50 SANCHES & GIL ENTERPRISES 21.00 SANCHEZ COMPUTER TECHNOLOGIES 21.50 SANCHEZ 10.50 SANCHEZ 10.50 SANDOVAL'S PLUMBING SERVICE 10.50 SANDRA ALVAREZ 21.50 SANOVIV 10.50 SANRIO SURPRISES 10.50 SANTA FE PLASTER 10.50 SANTEE DAIRIES INC 10.50 SARAI 10.50 SARBIA ZAMORA 21.50 SARI - SARI 99 CENTS AND MORE 10.50 SASS ELECTRIC INC 21.50 SAVE - A - LOT FOOD STORES #949 10.50 SBARRO THE ITALIAN EATERY #487 10.50 SCAPADAS MAGICAS 10.50 SCHAEFER AMBULANCE SERVICE INC 10.50 SCHAPER COMPANY 21.50 SCHEIB 10.50 SCHILLING CORPORATION 10.50 SCHILLING PARADISE CORP 21.50 SCHMIDT FIRE PROTECTION CO 10.50 SCHOENFELD 10.50 SCHOENFELD 10.50 SCIENCE AIDE INC 21.50 SCOTT'S GARAGE 21.50 SCOTT'S PORSCHE PARTS 10.50 SCRUBS 4 U 10.50 SCS FLOORING SYSTEMS 10.50 SCT TOWING 21.50 SD HABITAT FOR HUMANITY INC. 21.00 SDS ROOFING 21.50 SEACOAST ELECTRIC CO INC 10.50 SEAFOOD CITY SUPERMARKET 10.50 SEAN PATRICK MICLAT 21.50 SEAPOINT PROPERTIES 10.50 SEAWARD MARINE SERVICES INC 10.50 SECURITAS SECURITY SERV USA IN 10.50 SECURITY FENCE CO INC 10.50 SECURITY SIGNAL DEVICES 10.50 SELECT ELECTRIC INC 10.50 SELECTIVE PARKING ENFORCEMENT 10.50 SENOR PANCHO FRESH MEXICAN 10.50 SENSUAL INTIMA 21.50 58/71 ,- CAL''IFORHIA INCORPORATED .. BUSINESS LICENSE ADMINISTRATIVE REFUND REPORT March 1, 2010 Business Name Amount SENTRY FIRE PROTECTION CO SEVEN SEAS WORLDWIDE SEVEN UP / RC BOTTLING CO OF SEVEN -ELEVEN #13583 D SEVEN -ELEVEN 18978 D SEVENTH DAY ADVENTIST CHURCH SEVILLA'S PARTY RENTALS SEW PERFECT STITCH SHAI ADIRAM SHARF SHEAR ESSENCE SHELDON SITE UTILITIES SHELLYS DELI CATERING SHEMONI JEWELRY STERLING SILVER SHERWOOD MECHANICAL INC SHIATSU BEAUTY SALON BOUTQUE SHIEKH SHOES SHIMMER FASHION SHIN SHIPYARD WORKERS UNION SHOE SHACK SHRIMP ON WHEELS SID'S CARPET BARN INC SID'S CARPET BARN SID'S LEGAL IMMIGRATION SVC SIERRA INSULATION CONTRACTOR SIERRA LANDSCAPE CO SIERRA LUZ MARIA SIETE DIAS MARKET SIGN MASTERS SIGN PRODUCTION SIGNS & SERVICES CO SIGNS SIGNTECH ELECTRICAL ADVERTISING SILVA SILVER WORLD SILVIA NUNEZ PITONES SIMEC USA SIMKIN & SONS PROPERTY MGT SIMON & SIMON JEWELRY & LOAN SIMPLEXGRINNELL LP SIMPLY SILVER SINGER SIZZLER FAMILY STEAK HOUSE #45 SKATE SAN DIEGO SKECHERS USA 21.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 21.50 10.50 21.50 10.50 10.50 10.50 10.50 10.50 10.50 21.50 10.50 10.50 10.50 21.50 10.50 21.00 10.50 21.50 10.50 21.00 10.50 10.50 21.50 10.50 10.50 21.50 10.50 10.50 10.50 21.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 59/71 INCORPORATED ..- BUSINESS LICENSE ADMINISTRATIVE REFUND REPORT March 1, 2010 Business Name Amount SKIN DEEP AESTHETICS 10.50 SKIP DYE CORP 32.00 SKYWAYS TRAVEL INCORPORATED 10.50 SLUNAKER CONSTRUCTION 21.50 SMART & FINAL #347 10.50 SMART CUTTING SERVICES 10.50 SMART LOGISTICS INC 10.50 SMART SCRUBS 10.50 SMARTRUNK SYSTEMS INC 10.50 SMILE FITNESS 10.50 SMITH 10.50 SMITH 10.50 SMOG CENTRO 10.50 SO CAL TRUCK STOP INC 10.50 SO CALIF SOIL & TESTING INC 10.50 SO RELAX 10.50 SOCORRO MONTERO 21.50 SOFIA & JESUS ARGUELLO 10.50 SOLANA FINANCE COMPANY 10.50 SOLO PARA TI 21.50 SOLO SHOES 10.50 SON -ZEE INC. 10.50 SOUND SOLUTION AUTO STYLING 21.50 SOURCE REFRIGERATION & HVAC IN 10.50 SOUTH BAY AUTO WRECKERS INC 10.50 SOUTH BAY BICYCLES INC 10.50 SOUTH BAY BOILER REPAIR INC 10.50 SOUTH BAY COMMUNITY CHURCH 10.50 SOUTH BAY DIESEL & HYDRAULIC 10.50 SOUTH BAY ENTERPRISES 32.00 SOUTH BAY FACILITY SVCS 32.00 SOUTH BAY FAMILY DENTAL CENTER 10.50 SOUTH BAY FINANCIAL 21.50 SOUTH BAY LEATHER INC 21.50 SOUTH BAY MECHANIC SHOP 10.50 SOUTH BAY MECHANICAL SERVICES 10.50 SOUTH BAY OB/GYN MEDICAL GROUP 10.50 SOUTH BAY OB-GYN GROUP INC 10.50 SOUTH BAY PENTECOSTAL 10.50 SOUTH BAY PLAZA DENTISTRY 10.50 SOUTH BAY PRE -OWNED 10.50 SOUTH BAY VOLKSWAGEN 10.50 SOUTH BAY WINDOW & GLASS CO 10.50 SOUTH COAST DENTAL GROUP 10.50 SOUTH COAST ENERGY 21.50 SOUTH COAST EROSION CONTROL 10.50 NAT INCORPOR BUSINESS LICENSE ADMINISTRATIVE REFUND REPORT March 1, 2010 Business Name Amount SOUTH COAST MEDICAL CLINIC SOUTH COAST SPECIALTY SYSTEMS SOUTH WEST ELECTRIC SOUTHBAY FINANCIAL GROUP SOUTHBAY MEDICAL TRANSPORT #1 SOUTHBAY SUBARU SOUTHERN CALIFORNIA MEDICAL SOUTHERN CALIFORNIA SLEEP CLINIC SOUTHERN CONTRACTING CO SOUTHLAND AUTOBODY SOUTHLAND CLUTCH EXCHANGE SOUTHLAND LABS INC. SOUTHLAND TRANSMISSIONS & SOUTHPORT CHRISTIAN CENTER SOUTHWEST RECYCLING SOUTHWEST SIGNAL SERVICE SOUTHWESTERN AUTO BROKERS INC SOUTHWESTERN AUTOBROKERS INC SPANKYS PORTABLE SERVICES INC SPECIALTY SEALS & ACCESSORIES SPECIALTY TIRES & BRAKES SPECTRUM RENOVATIONS SPEECH NET DIRECT SPEED TRANSMISSION SPEEDY PLUMBING SPENCER GIFTS #615 SPIRIT HALLOWEEN SUPERSTORES SPORTS AUTO SALES SPORTS FEVER SPOTLESS COIN OP SPOTLIGHT VIDEO SERVICES SPREKELMEYER & MUESSIGMAN ELCT SPRING VALLEY INSULATION CONTRACTORS SPRINT SQUIRES -BELT MATERIAL CO INC SSQUARED CUSTOMIZED ST MARY CHURCH STAGECRAFT INDUSTRIES STANDARD PARKING STANDARD PLUMBING & INDUSTRIAL STANDARDS OF EXCELLENCE STANFORD SIGN INC. STANLEY ACCESS INC STANLEY BREAUX BAIL BONDS STANLEY CONVERGENT SECURITY SOLUTIONS STANLEY STEEMER CARPET CLEANER 10.50 21.50 21.50 21.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 21.00 10.50 10.50 10.50 10.50 10.50 32.00 21.50 10.50 31.50 21.50 10.50 21.50 10.50 10.50 10.50 10.50 10.50 10.50 21.00 10.50 21.50 10.50 21.50 10.50 10.50 10.50 10.50 21.50 10.50 10.50 10.50 60/71 61/71 BUSINESS LICENSE ADMINISTRATIVE REFUND REPORT March 1, 2010 Business Name Amount STANTEC CONSULTING CORPORATION 10.50 STAPLES THE OFFICE SUPERSTORE 10.50 STAR AUTOMOTIVE 10.50 STAR EXPRESS 10.50 STARBUCKS COFFEE #2922 10.50 STARBUCKS COFFEE #6783 10.50 STARBUZZ HOOKAH HUB 21.50 STARDUST INN 10.50 STARK MFG. CO. 10.50 STATE FARM INS. - SABRINA R 10.50 STATEWIDE STRIPES 10.50 STEARNS 10.50 STELLAR PRIVATE CABLE INC 21.50 STEPHANIE'S DECORATIONS 10.50 STERLING CORP CUSTOM ELEVATOR 10.50 STEVEN SHARPLESS 21.50 STEVEN WORLEY CONSTRUCTION 21.50 STEVE'S WEST COAST AUTOMOTIVE 10.50 STONEY'S BAR & GRILL 21.00 STREAKS SALON 10.50 STREMICKS HERITAGE FOODS LLC 10.50 STRIDE RITE BOOTERY #2024 10.50 STYLER'S AUTO BODY 21.00 STYLER'S AUTO MECHANIC 32.00 SUBIC BAY BARBER SHOP 10.50 SUBIC DENTAL 10.50 SUBMARINA 10.50 SUBWAY 21.00 SUBWAY SANDWICH & SALADS 10.50 SUBWAY SANDWICHES & SALADS #44272 21.50 SUCCESS 21.50 SUCCESS SIGN GROUP 10.50 SUDBERRY PROPERTIES 10.50 SUENO PERSEBERAUCIA & TRIUNFO 21.50 SUGARLOAF CREATIONS 52.50 SUMMIT EROSION CONTROL 10.50 SUN CASH 10.50 SUN DIEGO BOARDSHOP 10.50 SUN DIEGO CHARTER 10.50 SUN TIME 10.50 SUNCARGO INC 10.50 SUNDOWN LIGHTING & ELECTRICAL 10.50 SUNGA 10.50 SUNGLASS HUT #5365 10.50 SUNLIFE PHYSICAL THERAPY & 10.50 SUNNY DONUTS 10.50 CAJ!FO NIA <NCOR Ofli TE' BUSINESS LICENSE ADMINISTRATIVE REFUND REPORT March 1, 2010 Business Name Amount SUNNYDALE ELECTRIC SUNNY'S PARTY SUPPLIES SUNRISE EXPRESS CARGO & TRAVEL SUNSET CAR RENTAL LLC SUNSTATE TILE CONTRACTORS INC SUPER 8 SUPER CLEAN GENERAL COM. SUPER SERGIOS MEXICAN FOOD SUPERCUTS SUPERFAST VIDEO #6 SUPERIOR CLEANING SERVICES SUPERIOR CLEANING SYSTEMS SUPERIOR DOOR SYSTEMS SUPERIOR FOAM & UPHOLSTERY COR SUPERIOR METAL WORKS SUPERIOR PHONE COMPANY SUPERIOR READY MIX CONCRETE LP SURE RIDE INC `'URE TRAVEL CARGO & ETC SURECOAT SURECRAFT SUPPLY INC SURF CITY SQUEEZE SUSANA ANAYA SUTTER LEATHER PRODUCTS SWEETWATER HARLEY-DAVIDSON SWEETWATER INN SWEETWATER PLAZA WEST SWEETWATER PLUMBING & HARDWARE SWEETWATER TOWN & COUNTRY SWINSON ELECTRIC SWIRLY CUP SYDLANE SYMONS FIRE PROTECTION SYNERGY CLINICAL RESEARCH CTR T & M CLEANING COMPANY T AND A SPORTSWEAR T AND T NAILS T B PENICK & SONS INC T H A HEATING AND AIR T N H AUTO REPAIR T.N.H. AUTO REPAIR T.V. CONSTRUCTION TA HUGHES CONST INC TACO BELL #2800 TACO SALSA TACO SHOP TACOS EL GORDO HIGHLAND 10.50 21.50 10.50 21.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 21.50 10.50 10.50 10.50 10.50 21.50 21.50 10.50 10.50 10.50 21.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 21.50 10.50 10.50 21.00 10.50 10.50 10.50 10.50 10.50 21.50 21.50 21.50 10.50 10.50 21.50 62/71 63/71 BUSINESS LICENSE ADMINISTRATIVE REFUND REPORT March 1, 2010 Business Name Amount TAFOYA 10.50 TAKE A BREAK SERVICE 10.50 TAKO & TYKO SIGN CO 10.50 TAM DAM 10.50 TAMARA J MCCRYSTAL 21.50 TAMBORELLI CONSTRUCTION 21.50 TANYA'S NAILS 10.50 TAQUIZAS VICTOR 21.50 TARGET STORE T-2232 10.50 TASTY MOON ICE 21.50 TASTY PIZZA 21.50 TAYLOR CO INSURANCE/FINANCIAL 10.50 TCB ELECTRIC 10.50 T-CONSTRUCTION 21.50 TD LAUNDRY SERVICES 10.50 TEAM C CONSTRUCTION INC 10.50 TEAM CARE MEDICAL TRANSPORTATION 21.50 TECHNICAL LOGISTICS CORP 10.50 TECNICO SYSTEMS CORPORATION 10.50 TED'S UPHOLSTERY 10.50 TEE TIME PRINTING 21.50 TEEN CHALLENGE OF 50 CAL 10.50 TEKNIQUE 21.50 TELECELL INC 21.50 TEMP POWER SYSTEMS 10.50 TEMPLE OF THE HOLY SPIRIT 10.50 TENDER LOVING CARE GUEST HOME 10.50 TERMINIX INTERNATIONAL LP 10.50 TEST AMERICA DRILLING 10.50 TEXAS LIQUOR 10.50 TEYSSIER & TEYSSIER INC 10.50 THAI EXPORT LLC 10.50 THAN MY LINH 21.50 THANH KIM NGUYEN 21.50 THAT GUY CONSTRUCTION 21.50 THE AUTO SPOT INC 10.50 THE BARBECUE PIT 10.50 THE BODY SHOP 10.50 THE BRICKMAN GROUP LTD LLC 10.50 THE BRICKROW GROUP 10.50 THE CHILDREN'S PLACE 10.50 THE EPLER COMPANY 21.50 THE FLOWER AFFAIR 21.50 THE GALLERIAALTERATIONS 10.50 THE HOME DEPOT AT HOME SERVICES 10.50 THE INDIVIDUAL GROUP 10.50 64/71 -• CALIFBI/NIA �f NATI OR ATV) BUSINESS LICENSE ADMINISTRATIVE REFUND REPORT March 1, 2010 Business Name Amount THE MAIL BOX STORE THE MASONRY GROUP CALIFORNIA INC THE MOBILE SOLUTION SAN 0716 BONITA #2 THE NEW LOOK AUTO BODY.PAINT.UPHOLSTERY THE ORIGINAL RICHARD'S BAKERY THE PALACE SALON THE PICTURE PEOPLE #60 THE PLUMBING CO INC THE SMOG GUYS TEST ONLY CENTER THE SPEED SHOP THE TRINITY HOUSE THE UNIVERSAL CHURCH THE WATERFRONT GRILL THE WOOD FURNITURE FACTORY INC THEM THI LE THINGS REMEMBERED #353 THIRD LITTLE PIGGY DAYCARE THREE D SERVICE COPANY THREE D'S JANITORIAL SERVICE THRIFTY WASH THUNDER BIRD MUFFLER SHOP THUY MAI THUY NGUYEN THYSSEN KRUPP ELEVATOR CORP TICZON ACUPUNCTURE CLINIC TILE KING TILEWERKS TILT TIMBERLINE CONSTRUCTION TINAS HAIR & NAIL BEAUTY SALON TINKER GLASS CONTRACTORS TINOS AUTO TECH TINSLEY FAMILY CHIROPRACTIC TIPS & TOES NAIL SALON TITA'S KITCHENETTE TIU TLM PETRO LABOR FORCE TM COBB COMPANY T-MOBILE T-MOBILE WEST CORPORATION TMP SERVICES TNT WIRELESS TOD TOOL INC TODA MODA TODO PA MI FIESTA TOM MOYNAHAN TOWING 10.50 21.50 10.50 10.50 10.50 10.50 10.50 21.50 10.50 10.50 32.00 10.50 21.50 10.50 21.50 10.50 10.50 21.50 10.50 10.50 10.50 10,50 10.50 10.50 21.50 21.50 21.50 10.50 21.50 10.50 21.50 10.50 10.50 10.50 10.50 10.50 32.00 10.50 32.00 21.50 21.50 10.50 10.50 10.50 32.00 10.50 65/71 BUSINESS LICENSE ADMINISTRATIVE REFUND REPORT March 1, 2010 Business Name Amount TOM REED GENERAL CONTRACTOR 10.50 TOM THUMB WHOLESALE ICE CREAM 10.50 TOMA 10.50 TOMMY'S QUALITY MEATS 10.50 TOM'S BARBER SHOP 10.50 TONIS PLACE 10.50 TONY PETTINA FISCAL DESIGN & M 10.50 TONYS DETAIL SHOP 10.50 TONYS WATCH REPAIR & SALE 10.50 TOOTH FAIRY DENTAL GROUP 10.50 TOPE'CO PRODUCTS 10.50 TORRES DE CENTENO 10.50 TORRES 10.50 TORRID #5056 10.50 TORTAS OASIS 10.50 TOSCANO 10.50 TOTAL FASHION #2 10.50 TOWN & COUNTRY DENTAL OFFICES 10.50 TOWN INSURANCE SERVICES 10.50 TOWN TAX SERVICES 21.50 TOWNE CONSTRUCTION 21.50 TOWNSEND 10.50 TOYS R US 10.50 TOYTOWN 21.50 TRACKLESS TRAINS OF SAN DIEGO 21.50 TRADEWISE PLUMBING 21.50 TRAFFIC CONTROL SERVICE INC 10.50 TRAN DUYEN 21.50 TRANS PROS 21.00 TRANSLATIONS & INTERPRETATIONS 21.50 TRANSMISSION SUPPLY 10.50 TRAVEL BEST 10.50 TRC SOLUTIONS 10.50 TRENCH PLATE RENTAL COMPANY 10.50 TRES CAMINOS LP 10.50 TRI CARE MOTORS 21.00 TRI CITY GLASS OF SAN DIEGO 10.50 TRI TECH REPROGRAPHICS 32.00 TRI-CITY FENCE CO 10.50 TRI-COUNTY DRILLING 10.50 TRIGROUP 10.50 TRILLLOGIC INNOVENTIONS 21.50 TRIUMPH CONSTRUCTION 21.50 TRM TRAVEL & IMMIGRATION 10.50 TROLLEY SIDE DELI 10.50 TROPHY LOUNGE 10.50 66/71 NAT.dr ' cortpoR BUSINESS LICENSE ADMINISTRATIVE REFUND REPORT March 1,2010 Business Name Amount TROPICAL DELI 10.50 TROY H NIGUIDULA M.D. INC 10.50 TRULY NOLEN OF AMERICA 32.00 T-SHIRT EMPORIUM 10.50 T-SHIRT WHOLESALE MART 10.50 T-SHIRTS U S A 10.50 TUFF ACOUSTICAL AND THERMAL 10.50 TURF STAR 10.50 TURNERS PORTABLE WELDING INC 10.50 TUTTI FRUTTI OF NATIONAL CITY 21.50 TYCO PROPERTY MANAGEMENT 10.50 USA CAB LTD 10.50 U S MEX MANUFACTURING CORP 10.50 U.K. SHOES 2 10.50 U.S. FOOD SERVICE 10.50 U.S. FOODSERVICE INC 10.50 U.S. FOODSERVICE 10.50 ULTRASIGNS INC 10.50 UNA LUZ 21.50 UNCLE BUCKS CHECK CASHING 32.00 UNDERGROUND AUTOWERKS INC 21.50 UNDERGROUND STATION #56 10.50 UNDERWRITERS LABORATORIES INC 10.50 UNGAB MEDICAL 10.50 UNIFIED REALTY 10.50 UNIFIRST CORPORATION 10.50 UNIFREIGHT CARGO SYSTEMS INC 21.50 UNIQUE HEALTHCARE FOR WOMEN 10.50 UNISYS 10.50 UNITED BARBER & BEAUTY SUPPLY 10.50 UNITED FIRE SERVICES 10.50 UNITED POSTAGE SERVICE 10.50 UNITED REFRIGERATION INC 10.50 UNITED SPECIALTIES & ACOUSTICS 21.50 UNITED STORM WATER INC 10.50 UNITED WAY OF SAN DIEGO COUNTY 10.50 UNITY TRAVEL & TOURS 10.50 UNIVAR USA INC 10.50 UNIVERSAL AWNING 21.50 UNIVERSAL STEEL FABRICATION 10.50 UNIVERSAL TINT SYSTEMS QUICK P 10.50 UNIVERSAL WIRELESS 10.50 UNIVERSITY MECHANICAL & ENG 10.50 UPHOLSTERY FABRIC OUTLET 10.50 URBAN FUTURES INC 10.50 URS CORPORATION AMERICAS 10.50 67/71 CA XNCORPCIRATED __ BUSINESS LICENSE ADMINISTRATIVE REFUND REPORT March 1, 2010 Business Name Amount US HEALTHWORKS 10.50 US HOME SERVICES 21.50 US SAVE AUTO 10.50 US WELDERS 21.50 USA CHECKS CASHED 31.50 USA SHADE & FABRIC STRUCTURES 32.00 USED KAR STORE 21.50 VFW POST # 11387 10.50 V F W POST #4630 10.50 V FIRE SYSTEMS INC 21.50 VALENCIA STONE & TILE 10.50 VALERIE C ALTAVAS M.D. AMC 10.50 VALERIO CENTER 10.50 VALERIO'S CITY BAKERY 10.50 VALERIO'S FAMILY BAKE SHOP 10.50 VALLEY FLOOR COVERING 21.50 VALLEY MEDICAL TRANSPORT 21.50 VALMAR GRAPHICS INC. 10.50 VALUE CARS INC 21.00 VAN METER'S ELECTRIC 10.50 VANCON CONSTRUCTION COMPANY 10.50 VANDERBUILT CONSTRUCTION 21.50 VANELYN BOARD AND CARE 10.50 VANESSA JORDAN 21.50 VAN'S INC. #63 10.50 VANTAGE MASTER MACHINE CORPORATION 10.50 VAPS CA LLC 10.50 VEE PARTS & ACCESSORIES 10.50 VEGAS WASH 21.50 VELASQUEZ 10.50 VENT PROS 21.50 VENTURE ONE MORTGAGE 10.50 VERIZON WIRELESS 21.00 VersINTE INC 10.50 VERTEX COATINGS 10.50 VIBE 10.50 VICENTE CASTILLO / LUIS AGUILAR 10.50 VICENTE CHICAS 21.50 VICTOR & GLORIA SOSA 21.50 VICTOR BUSTAMANTE 21.50 VICTOR R CESENA SR 32.00 VICTORIA'S SECRET #567 10.50 VICTORS 21.50 VIDEO 'R US 10.50 VIETNAMESE CHINESE NOODLE HOUSE 31.50 VILLA FORD 10.50 68/71 BUSINESS LICENSE ADMINISTRATIVE REFUND REPORT March 1, 2010 Business Name Amount VILLA MANILA 10.50 VILLANUEVA 10.50 VILLARINO CONSTRUCTION SVC INC 10.50 VIMONE'S GARMENTS CO 10.50 VINTAGE PLASTERING 21.50 VIOLETA'S SKIN CARE 10.50 VIRGILIA PERALTA 10.50 VIS 21.50 VISTA DEL SOL APARTMENTS 10.50 VITA KINA 10.50 VMB ULTIMATE CARE 10.50 VORCE CONSTRUCTION 21.50 VORTEX MAINTENANCE INC 10.50 VP#9566 21.50 VP # 9570 21.50 VULCAN MATERIALS CO 10.50 VYEN MAI DAO 10.50 W & S ELECTRIC INC 21.50 W.L. BUTLER CONSTRUCTION 10.50 WACHTER NETWORK SERVICES INC 10.50 WACKENHUT CORPORATION 10.50 WADE & ASSOCIATES 21.50 WAGGONERS TRUCKING 10.50 WALGREENS #07869 10.50 WAL-MART STORES 10.50 WAN PING LEON 21.50 WAREHOUSE SOLUTIONS INC 21.50 WARM HEART HOME HEALTH 21.50 WARREN ANTONIO 10.50 WARRIOR PLUMBING 21.50 WASHINGTON MUTUAL BANK 21.50 WASTE MANAGEMENT OF SAN DIEGO 10.50 WATERMILL EXPRESS 84.00 WATERMILL EXPRESS LLC 10.50 WATSON 10.50 WAXIE SANITARY SUPPLY 10.50 WAYNE PERRY INC. 10.50 WAYNE SERVICES GROUP 10.50 WE LEND MORE INC 10.50 WEATHERITE CORPORATION 10.50 WEB SERVICE COMPANY LLC 10.50 WEBCO HALE 10.50 WEISFIELD'S JEWELERS #796 10.50 WELFORD TRADING & BOOKKEEPING SVCS 21.50 WELLS DRUG 10.50 WELLS FARGO FINANCIAL 21.50 • 119 C4CIRPoR.AT-613 BUSINESS LICENSE ADMINISTRATIVE REFUND REPORT March 1, 2010 Business Name Amount WELLS FARGO INVESTMENTS LLC WENDY M OLMOS WEST AUTO WRECKERS LTD WEST COAST APPLIANCE SVC WEST COAST AUTO INSURANCE SVCS WEST COAST CAB WEST COAST COATINGS & EQUIPMENT LLC WEST COAST DOOR WEST COAST EYECARE ASSOCIATES WEST COAST FIRE PROTECTION WEST COAST SCAFFOLD CORP WEST COAST TRUCK SERVICE WEST COAST UNDERGROUND WEST TEK WESTAIR GASES & EQUIP WESTAR PLUMBING COMPANY INC WESTCAL CONSTRUCTION WESTCLIFF MEDICAL LABORATIES INC WESTCOTT MAZDA WESTCURVE GRAPHICS WESTEC INTELLIGENT SURVEILLANCE WESTERN DENTAL SERVICES WESTERN EXTERMINATOR COMPANY WESTERN FIRE PROTECTION WESTERN LIFT INC WESTERN MANUFACTURING COMPANY WESTERN MECHANICAL WESTERN PUMP WESTFLEX INDUSTRIAL WESTREND ELECTRIC INC WESTRN FOUNDATIONS+SHORING INC WESTSIDE BUILDING SAN DIEGO WET SEAL #555 WETZEL'S PRETZELS WEYERHAEUSER NR COMPANY WHEECHAIR GETAWAYS WHEEL AND DEAL INC WHILLOCK CONTRACTING WHITMORE STEEL INC WIENERSCHNITZEL 86 WILFRIDO CONCRETE CONSTRUCTION WILLIAM N THORNTON III WILLIS RISK & CHRISTIE BARR INSURANCE SERVICES WILLY'S ELECTRONIC SUPPLY WILROC REALTY & MORTGAGE WILSON MARKET AND LIQUOR 10.50 21.50 10.50 10.50 32.00 21.00 10.50 21.50 10.50 10.50 10.50 10.50 10.50 21.50 10.50 43.00 32.00 21.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 10.50 21.50 10.50 10.50 10.50 10.50 10.50 10.50 32.00 10.50 10.50 21.50 10.50 32.00 10.50 10.50 32.00 10.50 10.50 21.00 10.50 69/71 70/71 AT tFORN1%1.. INoon,roRA.TES, BUSINESS LICENSE ADMINISTRATIVE REFUND REPORT March 1, 2010 Business Name Amount WILSON 10.50 WINCHELLS DONUT HOUSE #9484 10.50 WIN-DOR 10.50 WINDOW INSTALLATION SPECIALISTS INC 21.50 WINDSOR FASHIONS 10.50 WINDSOR GARDENS OF SAN DIEGO 10.50 WINGS N THINGS 10.50 WINTERBOTTOM 10.50 WIRELESS BY GT&T 21.50 WIRELESS PRO'S #2 10.50 WIRELESS SUPERSTORE 10.50 WITHOUSKI CABINET 10.50 WMA INSURANCE & FINANCIAL SVCS 10.50 WONDER BREAD/HOSTESS CAKE 10.50 WOODDRUFF'S TRENCHING INC 10.50 WORLD CLASS REALTY 21.50 WORLD FASHION 10.50 WORLD HOME DECOR 21.50 WORLD TERMINAL PARKING INC 21.00 WRIGLEY'S SUPERMARKET 10.50 WYNN UNIV.SCHOOL OF TAEKWONDO 10.50 X1 FM RADIO 10.50 XCLUSIVE MOTOR SPORTS 21.50 XDG MINISTRIES 21.50 XDI MEDICAL DIAGNOSTIC IMAGING 10.50 XEROX CORPORATION 10.50 XOCHITL Q NGUYEN 10.50 XPEDX 10.50 XPLODE FITNESS DELIVERY AND SERVICE 10.50 Y & M WHOLESALER 10.50 Y.Y.K. ENTERPRISES 10.50 YAMAMOTO 10.50 YAMANE 10.50 YARDAGE TOWN INC 10.50 YELLOW CAB OF SAN DIEGO 10.50 YEN HONG PHAM DANG 10.50 YOBERRY YOGURT 32.00 YOGURLICIOUS 32.00 YOLANDA FLORES 10.50 YOLLY'S TOTAL IMAGE 10.50 YOU GOT VISION 10.50 YOUNG BEAUTY SALON 21.00 YOUNGS MARKET CO LLC 10.50 YOUNG'S T-SHIRT & EMBROIDERY 10.50 YOUR BABY NUTRITION 21.50 YOUTH WITH A MISSION SD/TJ 10.50 vvcortrom ATE BUSINESS LICENSE ADMINISTRATIVE REFUND REPORT March 1, 2010 Business Name Amount YUGO MINISTRIES ZAGA CUSTOM ZALE JEWELERS #1292 ZALLAR PLUMBING ZAMBRANA ZAMINGIR ZAPPY PIZZA ZARLITO'S FAMILY RESTAURANT ZAVALA GLADYS FAMILY CHILD CARE ZIGMAN/SHIELDS GENERAL CONT ZOOM SYSTEMS ZUMIEZ #281 ZZYZZ 10.50 10.50 10.50 10.50 10.50 10.50 21.50 10.50 21.50 10.50 10.50 10.50 32.00 TOTAL 44,876.10 71/71 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 16, 2010 AGENDA ITEM NO. 13 ...EM TITLE: Resolution of the City of National City authorizing the Mayor to execute an agreement with the Public Financial Management (PFM) Group to provide as needed independent investment and financial advisory services from March 16, 2010 through June 30, 2012 for an amount not to exceed $40,000 PREPARED BY: Jeanette Ladrido, CPS--- DEPARTMENT: Finance PHONE: 619-336-4331 APPROVED BY: EXPLANATION: On February 15, 2010, Councilmember VanDeventer, the Community Development Executive Director, the Finance Director and the Financial Services Officer interviewed six (6) qualified financial advisory companies for both the City and Community Development Commission. Staff selected PFM to provide Financial Advisory Services for the period of March 16, 2010 through June 30, 2012. PFM's core business purpose is to provide independent investment and financial advice to state and local government agencies. In addition to bond issuances and investment of monies, PFM provides a variety of financial and strategic matters. National City currently has $46.4 million in cash and investments. PFM will review the cash and investments to ure the safety, liquidity and maximum yield of these funds. FINANCIAL STATEMENT: ACCOUNT NO. 632-404-045-213-0000 APPROVED: APPROVED: Finance MIS Funds are available in the Finance Department's Expert and Consultant Services account in an amount not to exceed $20,000 in FY 09/10 and $20,000 in FY 10/11. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Staff recommends hiring PFM as the City's independent financial advisor to include investment advisory and all areas identified in Exhibit A. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: olution Professional Services Agreement RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH PUBLIC FINANCIAL MANAGEMENT GROUP TO PROVIDE FINANCIAL ADVISORY SERVICES FROM MARCH 16, 2010 THROUGH JUNE 30, 2012 FOR AN AMOUNT NOT TO EXCEED $40,000 WHEREAS, the City of National City desires to retain a consultant to provide financial advisory services; and WHEREAS, Public Financial Management Group (PFM) is a public finance advisory firm that is well -experienced and skilled in providing the type of services desired by the City, and is willing to enter into an agreement to provide such services in an amount not to exceed $40,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an agreement in the not to exceed amount of $40,000 with Public Financial Management Group to provide financial advisory services. Said agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 16th day of March, 2010. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND THE PUBLIC FINANCIAL MANAGEMENT GROUP, INC THIS AGREEMENT is entered into this 16TH day of MARCH, 2010, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and PUBLIC FINANCIAL MANAGEMENT, INC, a CORPORATION. RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide financial advisory services. WHEREAS, the CITY has determined that the CONSULTANT is a Financial Advisor and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY hereby agrees to engage the CONSULTANT and the CONSULTANT hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services required hereunder will be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. SCOPE OF SERVICES. The CONSULTANT will perform financial adivisory services, as detailed in Exhibit "A", as needed and requested by City. The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. 3. PROJECT COORDINATION AND SUPERVISION. Jeanette Ladrido, CPA, hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Julio Morales thereby is designated as the Project Director for the CONSULTANT. 4_ COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The labor rates for work described in Exhibit "A " shall not exceed the rates listed in Exhibit "B". Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice. The total compensation under this Agreement shall not exceed forty -thousand dollars ($40,000) during the term of this Agreement. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. ACCEPTABILITY OF WORK. The City shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due. In the event the CONSULTANT and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the City or the CONSULTANT shalt give to the other written notice. Within ten (10) business days, the CONSULTANT and the City shall each prepare a report which supports their position and file the same with the other party. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable 10 the CONSULTANT. 6. LENGTH OF AGREEMENT. The duration of this Agreement is for the period of March 16, 2010 through June 30, 2012. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY and CONSULTANT thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONSULTANT's written work product for the CITY's purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to 2 Citys Standard Agreement - June 2008 revision the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONSULTANT. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT's employees are employee of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or sub-CONSULTANT's, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its sub/CONSULTANT(s) shall require the subCONSULTANT to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT's employees except as herein set forth, and the CONSULTANT expressly agrees not to represent that the CONSULTANT or the CONSULTANT's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONSULTANT, its agents, servants, and employees are as to the CITY wholly independent CONSULTANTs and that the CONSULTANTs obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT, and each of its subCONSULTANT's, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITSLETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANTs trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. 3 Citys Standard Agreement — June 2008 revision B. Unless disclosed in writing prior to the date of this agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT's professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality: or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 4 Cilys Standard Agreement — June 200E revision 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT's negligent performance of this Agreement. 16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its subCONSULTANTs, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). C. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANTS employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONSULTANT has no employees subject to the California Workers' Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect Said Declaration shall be provided to CONSULTANT by CITY. E. The aforesaid policies shall constitute primary insurance as 10 the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and workers' compensation policies, shall name the CITY and its officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. 5 Citys Standard Agreement — June 2008 revision H. Any aggregate insurance limits must apply solely to this Agreement. 1. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. In the event coverage is provided by non -admitted surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. K. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attomey's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, Califomia, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the 6 City's Standard Agreement - June 2008 revision CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by ovemight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: To CONSULTANT: Jeanette Ladrido, CPA Finance Director City of National City 1243 National City Boulevard National City, CA 91950-4301 Julio Morales Senior Managing Consultant 633 West Fifth Street, Suite 6700 Los Angeles, CA 90071 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specked in this Section. 7 Citys Standard Agreement —June 2408 revision 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONSULTANT. 23. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Califomia. I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative 8 Citys Standard Agreement —June 2008 revision of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY THE PUBLIC FINANCIAL MANAGEMENT GROUP, INC. (Corporation — signatures of two corporate officers) (Partnership — one signature) By: (Sofa proprieto •hip — one signature) Ron Morrison, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney 9 (Title) ) By: (Name) (Print) (Title) Citys Standard Agreement — June 2008 revision Exhibit A Public Financial Management, Inc. Scope of Services Financial Planning and Debt Management. 1) Assist and advise with the implementation of a Tong -range financial plan for the City/CDC. Development of the plan may include: a) Establishing policies and procedures; b) Identifying and evaluating objectives; c) Reviewing and analyzing cost effective alternatives for financing the City/CDC's operating and capital requirements; and d) Estimating revenue and financing requirements. 2) Assist and advise the City/CDC in managing short and long term debt programs. • Capital Budget Programming 1) Assist and advise the City/CDC with the implementation of a multi -year capital budget. Development of the budget may include: a) Establishing policies and procedures; b) Review of current and potential future revenue sources and determination of funding capacities; c) Identification of pending capital improvement expenditures; d) Identification of funding options, including "pay-as-you-go" alternatives, cash, grants and the appropriate use of debt; e) Projection of operating and maintenance costs related to proposed capital projects; and f) Examination of related fiscal and credit rating impacts. • Debt Issue Development and Oversight. 1) Planning & Development a) Analyze alternatives for structuring the proposed financing and establishing the terms of the sale to strengthen marketability. b) Recommend the best method of sale, competitive or negotiated, considering current economic and market conditions and the character of the financing. c) Consult with rating agencies on the proposed financing and assist the City/CDC in obtaining the most favorable rating possible. d) Coordinate the work and act as a liaison with bond counsel and other professionals. 2) Marketing e) Advise on the appropriate terms and conditions of the bond sale. f) Advise on the timing of the bond sale. g) Assist in the preparing the City/CDC's Official Statements and coordinating review with the City/CDC and Bond Counsel. h) Advise the City/CDC on full disclosure requirements and conformance to suggested guidelines. i) Assist in publicizing the bond sale to develop regional public and institutional interest. j) Advise on the most appropriate formats for bidding. Exhibit B Public Financial Management, Inc. Compensation and Payment general financial advisory services are summarized below: Title Hourly Rate Managing Director 350.00 Senior Managing Consultant 295.00 Consultant 225.00 In addition to the hourly and flat bond transaction fees and upon approval of the City, the Consultant may be reimbursed for all out-of-pocket expenses on an actual cost basis. Expenses include items such as travel, parking, meals, express mail delivery services, telephone, photocopying, outside graphic fees, etc. For individual bond transactions, PFM will work with the City to determine a not to exceed fee, plus expenses. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 16, 2010 AGENDA ITEM NO. Z4 EM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute an agreement with Honeywell Building Solutions for a budget -neutral, self -funded comprehensive energy retrofit program. The program's capital cost is $1,690,000 with an ongoing annual service agreement of $4,947 for savings measurement and verification. The project will be funded for a term of 15 years by $52,000 in utility incentives, $116,499 of guaranteed annual energy savings and $12,425 of verifiable annual avoided capital cost savings. DEPARTMENT: Rublic PREPARED BY: Joe Smith PHONE: 336-4587 EXPLANATION: See Attachment. APPROVED BY: FINANCIAL STATEMENT: APPROVED: r---- Finance ACCOUNT NO. APPROVED: MIS $1,690,000 will be financed for a term of 15 years and funded by $52,000 in utility incentives, $116,499 of annual energy savings, and $12,425 of annual avoided capital cost savings. The project will be financed at a competitive rate of 4.95% through Municipal Finance Corporation and funded by City National Bank. All program costs will be satisfied by savings guaranteed by Honeywell over the 15 year term. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt Resolution and execute Agreement with Honeywell Building Solutions for self -funded retrofit program. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: achment - Explanation Resolution Agreement ( Copy can be viewed in the City Clerk's Office) Memorandum of Insurance Attachment Explanation: On June 02, 2009 the City Council of the City of National City authorized the Mayor to execute a Letter of Intent and Memorandum of Understanding with Honeywell Budding Solutions to perform an investment grade audit of City -owned facilities. The intent of this audit was to delineate and detail the type of retrofits and improvements needed to city facilities and also to estimate the total cost for the energy retrofit program. This information was used towards finalizing a contract for the proposed self -funded comprehensive City energy retrofit program. If approved the City would enter into an agreement with Honeywell Building Solutions to perform a budget neutral retrofit program for energy conservation and comprehensive facilities improvements. Under the proposed energy retrofit program facility upgrades may include, but not necessarily be limited to energy -efficient lighting, boiler and chiller replacement, cooling tower, VAV and other HVAC retrofits, solar thermal installation, building automation system and a street lighting retrofit. This would upgrade aging infrastructure, lower operating cost, improve energy efficiency, and fund the retrofit program with the energy savings. This program will provide for a budget -neutral, self -funded solution not to exceed 15 years, and the anticipated installed cost for the energy retrofit program is approximately $1690,000, with approximately $52,000 in utility incentives from San Diego Gas & Electric. The project is projected to generate approximately $116,499 in annual energy savings based on energy cost data supplied to Honeywell by ional City. An additional $12,425 has been identified annually and agreed to by the city as legitimate rrationslmaintenance and avoided cost savings. RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH HONEYWELL BUILDING SOLUTIONS FOR A BUDGET -NEUTRAL, SELF -FUNDED COMPREHENSIVE ENERGY RETROFIT PROGRAM WHEREAS, on June 2, 2009, the City Council authorized the Mayor to execute a Letter of Intent and a Memorandum of Understanding with Honeywell Building Solutions to perform an investment -grade audit of City -owned facilities to delineate and detail the type of retrofits and improvements needed, and to estimate the total cost of an Energy Retrofit Program; and WHEREAS, Honeywell Building Solutions proposes to perform a budget -neutral Energy Retrofit Program for energy conservation and comprehensive facilities improvements that includes, but is not limited to energy -efficient lighting, boiler and chiller replacement, cooling tower, VAV and other HVAC retrofits, solar thermal installation, building automation system, and a street lighting retrofit. This would upgrade aging infrastructure, lower operating costs, improve energy efficiency, and fund the retrofit program with the energy savings; and WHEREAS, Honeywell's Energy Retrofit Program provides for a budget -neutral, self -funded solution not to exceed 15 years; and WHEREAS, the estimated installed cost for the Energy Retrofit Program is $1,690,000, with approximately $52,000 in utility incentives from SDG&E; and WHEREAS, the Energy Retrofit Program also includes a 15-year service agreement at an initial annual cost of $4,947 plus a 5% increase to this cost annually thereafter; and WHEREAS, the Program is projected to generate approximately $116,499 in annual energy savings based on energy cost data supplied to Honeywell by the City, and an additional $12,425 in operations, maintenance, and avoided capital cost savings. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Agreement with Honeywell Building Solutions for a budget -neutral, self -funded comprehensive Energy Retrofit Program. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 16th day of March, 2010. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Della, City Clerk George H. Eiser, III City Attorney HONEYWELL AGREEMENT City of National City Energy Retrofit Phase 1 CUSTOMER NAME: City of National City HONEYWELL PROPOSAL NUMBER: 1 DATE OF SUBMISSION: February 2, 2010 VALIDITY PERIOD: 30 days City of National City ER Contract Finalfk s/1-29-10 TABLE OF CONTENTS ARTICLE PAGE 1. GENERAL PROVISIONS 1 2. HONEYWELL'S RESPONSIBILITIES 1 3. CUSTOMER'S RESPONSIBILITIES 3 4. SUBCONTRACTS 4 5. INSTALLATION AND ACCEPTANCE 5 6. PRICE AND PAYMENT 5 7. CHANGES IN THE PROJECT 6 8. INSURANCE, INDEMNITY, WAIVER OF SUBROGATION, AND LIMITATION OF LIABILITY 6 9: TERMINATION OF THE AGREEMENT 9 10. ASSIGNMENT AND GOVERNING LAW 9 11. MISCELLANEOUS PROVISIONS 9 12. ARBITRATION 11 ATTACHMENT A THE WORK (SCOPE -OF -WORK) ATTACHMENT B SOFTWARE LICENSE AGREEMENT ATTACHMENT C THE INSTALLATION SCHEDULE ATTACHMENT D SUPPORT SERVICES ATTACHMENT E PAYMENT SCHEDULE ATTACHMENT F ENERGY GUARANTEE ATTACHMENT G SCHEDULE OF SAVINGS ATTACHMENT H RESERVED ATTACHMENT I RESERVED ATTACHMENT J PROJECT ACCEPTANCE City of National City ER Contract Redlined/krs/9-2-09 ARTICLE 1 GENERAL PROVISIONS 1.1 This Agreement, including all Attachments, Exhibits, and Schedules referenced herein (hereinafter the "Agreement") is made this 16th day of February, 2010 (the "Effective Date") by and between Honeywell International Inc. ("HONEYWELL"), a Delaware Corporation, acting through its Automation and Control Solutions business unit, with a principal place of business at 101 Columbia Road, Morristown, New Jersey 07962-1057, and City of National City ("CUSTOMER") with a principal place of business at 1243 National City Boulevard, National City, CA 91950 (collectively the "Parties"). 1.2 EXTENT OF AGREEMENT: This Agreement, including all attachments and exhibits hereto, represents the entire agreement between CUSTOMER and HONEYWELL and supersedes all prior negotiations, representations or agreements. This Agreement shall not be superseded by any provisions of the documents for construction and may be amended only by written instrument signed by both CUSTOMER and HONEYWELL. None of the provisions of this Agreement shall be modified, altered, changed or voided by any subsequent Purchase Order issued by CUSTOMER, which relates to the subject matter of this Agreement. 1.3 As used in this Agreement, the term "Work" means the services required by this Agreement, whether completed or partially completed, and includes all other labor, .materials, equipment and services provided or to be provided by HONEYWELL to fulfill HONEYWELL's obligations, as described in Attachment A and otherwise set forth in the Contract Documents. The Work may constitute the whole or a part of the Project. 1.4 The Contract Documents consist of this Agreement, its attachments, exhibits, schedules, and addenda. 1.5 Support Services means those services and obligations to be undertaken by HONEYWELL in support of CUSTOMER as set forth in Attachment D. 1.6 Installation Schedule means that schedule set out in Attachment C describing the Parties' intentions respecting the times by which the components or aspects of the Work therein set forth shall be installed and/or ready for acceptance or beneficial use by CUSTOMER. ARTICLE 2 HONEYWELL'S RESPONSIBILITIES 2.1 HONEYWELL Services 2.1.1 HONEYWELL shall be responsible for the Work. 2.1.2 HONEYWELL will assist CUSTOMER in securing permits necessary for the Work. 2.2 Responsibilities with Respect to the Work 2.2.1 HONEYWELL will provide supervision, inspection, labor, materials, tools, construction equipment and subcontracted items necessary for the execution and completion of the Work. 2.2.2 HONEYWELL shall keep the premises in an orderly fashion and free from unnecessary accumulation of waste materials or rubbish caused by its operations. If HONEYWELL damages property not needed for the Work, HONEYWELL shall repair the property to its pre-existing condition unless CUSTOMER directs otherwise. At the completion of the Work, HONEYWELL shall remove waste material supplied by HONEYWELL under this Agreement as well as all its tools, equipment, machinery and surplus material. HONEYWELL shall dispose of all waste materials or rubbish caused by its operations; provided, that unless otherwise specifically agreed to in this Agreement; HONEYWELL shall not be responsible for disposal of toxic or hazardous materials removed from the facilities. HONEYWELL shall be responsible for disposal of fluorescent lights, potential polychlorinated biphenyl containing light ballasts and mercury containing controls to the extent their replacement is specified in Attachment A. 2.2.3 HONEYWELL shall give all notices and comply with all laws and ordinances legally enacted as of the date of execution of the Agreement governing the execution of the Work. Provided, however, that HONEYWELL shall not be responsible nor liable for the violation of any code, law or ordinance caused by CUSTOMER or existing in CUSTOMER's property prior to the commencement of the Work. City of National City ER Contract Redlined/krs/9-2-09 1 2.2.4 HONEYWELL shall comply with all applicable federal, state and municipal laws and regulations that regulate the health and safety of its workers while providing the Work, and shall take such measures as required by those laws and regulations to prevent injury and accidents to other persons on, about or adjacent to the site of the Work. It is understood and agreed, however, that HONEYWELL shall have no responsibility for elimination or abatement of health or safety hazards created or otherwise resulting from activities at the site of the Work carried on by persons not in a contractual relationship with HONEYWELL, including CUSTOMER, CUSTOMER's contractors or subcontractors, CUSTOMER's tenants or CUSTOMER's visitors. CUSTOMER agrees to cause its contractors, subcontractors and tenants to comply fully with all applicable federal, state and municipal laws and regulations governing health and safety and to comply with all reasonable requests and directions of HONEYWELL for the elimination or abatement of any such health or safety hazards at the site of the work. 2.2.5 Prevailing Wage. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wage rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, §§1720, 1720.2, 1720.3, 1720.4 and 1771. HONEYWELL is solely responsible to determine if state prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 2.3 Patent Indemnity 2.3.1 HONEYWELL shall, at its expense, defend or, at its option, settle any suit that may be instituted against CUSTOMER for alleged infringement of any United States patents related to the hardware manufactured and provided by HONEYWELL, provided that: 1. Such alleged infringement consists only in the use of such hardware by itself and not as part of, or in combination with, any other devices, parts or software not provided by HONEYWELL hereunder; 2. CUSTOMER gives HONEYWELL immediate notice in writing of any such suit and permits HONEYWELL, through counsel of its choice, to answer the charge of infringement and defend such suit; and 3. CUSTOMER gives HONEYWELL all needed information, assistance and authority, at HONEYWELL's expense, to enable HONEYWFI .I to defend such suit. 2.3.2 If such a suit has occurred, or in HONEYWELL's opinion is likely to occur, HONEYWELL may, at its election and expense: obtain for CUSTOMER the right to continue using such equipment; or replace, correct or modify it so that it is not infringing; or remove such equipment and grant CUSTOMER a credit therefore, as depreciated. 2.3.3 In the case of a final award of damages in any such suit, HONEYWELL will pay such award. HONEYWELL shall not, however, be responsible for any settlement made without its written consent. 23.4 THIS ARTICLE STATES HONEYWELL'S TOTAL LIABILITY AND CUSTOMER'S SOLE REMEDY FOR ANY ACTUAL OR ALLEGED INFRINGEMENT OF ANY PATENT BY THE HARDWARE MANUFACTURED AND PROVIDED BY HONEYWELL HEREUNDER. IN NO EVENT SHALL HONEYWELL BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY SUCH ACTUAL OR ALLEGED INFRINGEMENT, EXCEPT AS SET FORTH IN THIS SECTION 2.3. 2.4 Warranties and Completion 2.4.1 HONEYWELL warrants CUSTOMER good and clear title to all equipment and materials furnished to CUSTOMER pursuant to this Agreement (except licensed software, which shall be governed exclusively by the terms and conditions of the Software License Agreement, attached hereto as Attachment B), free and clear of liens and encumbrances. HONEYWELL hereby warrants that all such equipment and materials shall be of good quality and shall be free from defects in materials and workmanship, including installation and setup, for a period of one (1) year from the date ofbeneficial use or substantial completion of the equipment or portion of the Work in question, provided that no repairs, substitutions, modifications, or additions have been made, except by HONEYWELL or with HONEYWELL's written permission, and provided that after delivery such equipment or materials have not been subjected by non-HONEYWELL personnel to accident, neglect, misuse, or use in violation of any instructions supplied by HONEYWELL. HONEYWELL's sole liability hereunder shall be to repair promptly or replace defective equipment or materials, at HONEYWELL's option and at HONEYWELL's expense. The limited warranty contained in this Section 2.4.1 shall constitute the exclusive remedy of CUSTOMER and the exclusive liability of HONEYWELL for any breach of any warranty related to the equipment and materials furnished by HONEYWELL pursuant to this Agreement. 2.4.2 In addition to the warranty set forth in Section 2.4.1 above, HONEYWELL shall, at CUSTOMER's request, assign to CUSTOMER any and all manufacturer's or installer's warranties for equipment or materials not manufactured by HONEYWELL and provided as part of the Work, to the extent that such third -party warranties are assignable and extend beyond the one (1) year limited warranty set forth in Section 2.4.1.. City of National City ER Contractll-29-10 2 2.4.3 THE. WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE, AND HONEYWELL EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER WRITTEN OR ORAL, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE EQUIPMENT AND MATERIALS PROVIDED HEREUNDER. HONEYWELL SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM, OR RELATING TO, THIS LIMITED WARRANTY OR ITS BREACH. 2.5 Non -Discrimination Provisions. HONEYWELL shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. HONEYWELL will take positiveactionto insure that applicants -are -employed -without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. HONEYWELL agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CUSTOMER setting forth the provisions of this non-discrimination clause. 2.6 Workers' Compensation. HONEYWELL shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CUSTOMER and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments, including reasonable attomey's fees and defense costs presented, brought or recovered against the CUSTOMER or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by HONEYWELL under this Agreement. ARTICLE 3 CUSTOMER'S RESPONSIBILITIES 3.1 CUSTOMER shall provide HONEYWELL full information regarding the requirements for the Work. 3.2 CUSTOMER shall designate a representative who shall be fully acquainted with the Work, and who has authority to approve changes in the scope of the Work and render decisions promptly. 3.3 CUSTOMER shall furnish to HONEYWELL all information regarding utility locations and other information reasonably pertinent to this Agreement, the Work and the Project. 3.4 CUSTOMER shall secure and pay for all necessary approvals, easements, assessments and charges required for the construction, use or occupancy of permanent structures or for permanent changes in existing facilities, including charges for legal and auditing services. 3.5 If CUSTOMER becomes aware of any fault or defect in the Work, it shall give prompt written notice thereof to HONEYWELL. 3.6 The services and information required by the above paragraphs shall be furnished with reasonable promptness at CUSTOMER's expense and HONEYWELL shall be entitled to rely upon the accuracy and the completeness thereof. 3.7 Prior to the commencement of the Work and at such future times as HONEYWELL shall reasonably deem appropriate, CUSTOMER shall furnish evidence in a form satisfactory to HONEYWELL that sufficient funds are available and committed to pay for the Work. Unless such evidence is furnished, HONEYWELL is not required to commence or continue any Work. Further, if CUSTOMER does not provide such evidence, HONEYWELL may stop work upon fifteen (15) days notice to CUSTOMER. The failure of HONEYWELL to insist upon the providing of this evidence at any one time shall not be a waiver of CUSTOMER's obligation to make payments pursuant to this Agreement, nor shall it be a waiver of HONEYWELL's right to request or insist that such evidence be provided at a later date.: 3.8 HAZARDOUS SUBSTANCES, MOLD AND UNSAFE WORKING CONDITIONS 3.8.1 "Hazardous substance" includes all of the following, whether naturally occurring or manufactured, in quantities, conditions or concentrations that have, are alleged to have, or are believed to have an adverse effect on human health, City of National City ER Contract/1-29-10 3 habitability of a Site, or the environment: (a) any dangerous, hazardous or toxic pollutant, contaminant, chemical, material or substance defined as hazardous or toxic or as a pollutant or contaminant under state or federal law, and (b) any petroleum product, nuclear fuel or material, carcinogen, asbestos, urea formaldehyde, foamed -in -place insulation, polychlorinated biphenyl (PCBs), and (c) any other chemical or biological material or organism, that has, is alleged to have, or is believed to have an adverse effect on human health, habitability of a Site, or the environment. 3.8.2 "Mold" means any type or form of fungus or biological material or agent, including mold, mildew, moisture, yeast and mushrooms, and any mycotoxins, spores, scents, or by-products produced or released by any of the foregoing. This includes any related or any such conditions caused by third parties. 3.8.3 "Covered Equipment" means the equipment covered by the Services to be performed by HONEYWELL under this Agreement, and is limited to the equipment included in the respective work scope attachments. 3.8.4 CUSTOMER has not observed or received notice from any source (formal or informal) of (a) Hazardous Substances or Mold, either airborne or on or within the walls, floors, ceilings, heating, ventilation and air conditioning systems, plumbing systems, structure, and other components of the Site, or within furniture, fixtures, equipment, containers or pipelines in a Site; or (b) conditions that, to CUSTOMER'S knowledge, might cause or promote accumulation, concentration, growth or dispersion of Hazardous Substances or Mold on or within such locations. 3.8.5 HONEYWELL is not responsible for determining whether the Covered Equipment or the temperature, humidity and ventilation settings used by CUSTOMER, are appropriate for CUSTOMER and the Site except as specifically provided in an attached Work Scope Document. 3.8.6 If any such materials, situations or conditions, whether disclosed or not, are in fact discovered by HONEYWELL or others and provide an unsafe condition for the performance of the work or Services, the discovery of the condition shall constitute a cause beyond HONEYWELL'S reasonable control and HONEYWELL shall have the right to cease the work or Services until the area has been made safe by CUSTOMER or CUSTOMER'S representative, at CUSTOMER'S expense. HONEYWELL shall have the right to terminate this Agreement if CUSTOMER has not fully remediated the unsafe condition within sixty (60) days of discovery. 3.8.7 CUSTOMER represents that CUSTOMER has not retained HONEYWELL to discover, inspect, investigate, identify, prevent or remediate Hazardous Substances or Mold or conditions caused by Hazardous Substances or Mold. 3.8.8 TO THE FULLEST EXTENT ALLOWED BY LAW, CUSTOMER SHALL INDEMNIFY AND HOLD HONEYWELL HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS AND COSTS OF WHATEVER NATURE, (NOT INCLUDING CONSULTANTS' AND ATTORNEYS' FEES) DAMAGES FOR BODILY INJURY AND PROPERTY DAMAGE, FINES, PENALTIES, CLEANUP COSTS AND COSTS ASSOCIATED WITH DELAY OR WORK STOPPAGE, THAT IN ANY WAY RESULTS FROM OR ARISES UNDER THE BREACH OF 17iE REPRESENTATIONS AND WARRANTIES IN THIS SECTION THE EXISTENCE OF MOLD OR A HAZARDOUS SUBSTANCE AT A SITE, OR THE OCCURRENCE OR EXISTENCE OF THE SITUATIONS OR CONDITIONS DESCRIBED IN THIS SECTION, WHETHER: OR NOT CUSTOMER PROVIDES HONEYWELL ADVANCE NOTICE OF THE EXISTENCE OR OCCURRENCE AND REGARDLESS OF WHEN THE HAZARDOUS SUBSTANCE OR OCCURRENCE IS DISCOVERED OR OCCURS. THIS INDEMNIFICATION SHALL SURVIVE TERMINATION OF THIS AGREEMENT FOR WHATEVER REASON. 3.9 In addition to the price set forth in Article 6 of this Agreement, CUSTOMER shall pay any present and future taxes or any other governmental charges now or hereafter imposed by existing or future laws with respect to the sale, transfer, use, ownership or possession of the Work or any Support Services provided hereunder, excluding taxes on Honeywell's net income. 3.10 CUSTOMER shall execute a software license in the form of the Software License Agreement attached hereto as Attachment B. Failure of CUSTOMER to execute such Software License Agreement shall excuse HONEYWELL from any delivery requirements pursuant to this Agreement and shall be considered a material breach by CUSTOMER. ARTICLE 4 SUBCONTRACTS 4.1 At its exclusive option, HONEYWELL may subcontract some or all of the Work or Support Services. City of National City ER Contractl1-29-10 4.2 A Subcontractor is a person or entity who has a direct contract with HONEYWELL to perform any effort in connection with the Work. The term Subcontractor does NOT include any separate contractors employed by CUSTOMER or such separate contractors' subcontractors. 4.3 For the purposes of this Agreement, no contractual relationship shall exist between CUSTOMER and any Subcontractor. HONEYWELL shall be responsible for the management of its Subcontractors in their performance of their Work. ARTICLE 5 INSTALLATION AND ACCEPTANCE 5.1 The Work to be performed under this Agreement shall be commenced and completed as set forth in the Installation Schedule attached hereto as Attachment C. - 5.2 If HONEYWELL is delayed at any time in the progress of performing its obligations under this Agreement by any act of CUSTOMER or any contractor employed by CUSTOMER; or by changes ordered or requested by CUSTOMER in the Work performed pursuant to this Agreement; or by labor disputes, fire, unusual delay in transportation, adverse weather conditions or other events or occurrences which could not be reasonably anticipated; or unavoidable casualties; or any other problem beyond HONEYWELL's reasonable control (an "Excusable Delay"), then the time for performance of the obligations affected by such Excusable Delay shall be extended by the period of any delay actually incurred as a result thereof. If any delay, or cumulativedelays, within CUSTOMER's control, extends beyond twenty (20) days, CUSTOMER shall reimburse HONEYWELL for all additional costs resulting therefrom: 5.3 HONEYWELL shall provide Delivery and Acceptance Certificates in a form acceptable to CUSTOMER and HONEYWELL (the "Delivery and Acceptance Certificates") for the Work provided pursuant to the Schedule identified in attachment J. Upon receipt of each Delivery and Acceptance Certificate, CUSTOMER shall promptly inspect the Work performed by HONEYWELL identified therein and execute each such Delivery and Acceptance Certificate as soon as reasonably possible, but in no event later than twenty (20) days after delivery of the same by HONEYWELL, unless CUSTOMER provides HONEYWELL with a written statement identifying specific material performance deficiencies that it wishes HONEYWELL to correct. HONEYWELL will use reasonably diligent efforts to correct all such material deficiencies and will give written notice to CUSTOMER when all such items have been corrected. The Parties intend that a final Delivery and Acceptance Certificate will be executed for the Work as soon as all Work is installed and operating. Execution and delivery. by CUSTOMER of such final Delivery and Acceptance Certificate with respect to the Work shall constitute "Final Acceptance" of such Work performed by HONEYWELL pursuant to the Installation Schedule. ARTICLE 6 PRICE AND PAYMENT 6.1 Price 6.1.1 The price for the Work is One Million Six Hundred Nine Four Thousand Nine Hundred and Forty Seven Dollars ($1,694,947), subject to the adjustments set forth in Articles 5 and 7. 6.1.2 The total price for Support Services is set forth in Attachment D hereto, subject to the adjustments described therein. 6.1.3 The price is based upon laws, codes and regulations in existence as of the date this Agreement is executed. Any changes in or to applicable laws, codes and regulations affecting the cost of the Work shall be the responsibility of CUSTOMER and shall entitle HONEYWELL to an equitable adjustment in the price and schedule. 6.1.4 The price will be modified for delays caused by CUSTOMER and for. Changes in the Work, all pursuant to Article 7. 6.1.5 The license fees for all licensed software identified in Attachment B are included in the price to be paid by CUSTOMER as identified in this Article 6. 6.2 Payment 6.2.1 Upon execution of this Agreement, CUSTOMER shall pay or cause to be paid to HONEYWELL the full price for the Work in accordance with the Payment Schedule, Attachment E. CUSTOMER shall make payments for the Support Services in accordance with Attachment D. City of National City ER Contract/)-29-10 5 6.2.2 Payments for the Work past due more than thirty (30) days shall accrue interest from the due date to the date of payment at the rate of one and one half percent (1.5%) per month, compounded monthly, or the highest legal rate then allowed. CUSTOMER shall pay all attorney and/or collection fees incurred by HONEYWELL in collecting any past due amounts. ARTICLE 7 CHANGES IN IHE PROJECT 7.1 A Change Order is a written order signed by CUSTOMER and HONEYWELL authorizing a change in the Work or adjustment in the price, or a change to the Installation Schedule described in Attachment C. 7.2 CUSTOMER may request HONEYWFI :1 to submit proposals for changes in the Work. Unless otherwise specifically agreed to in writing by both parties, if HONEYWELL submits a proposal pursuant to such request but CUSTOMER chooses not to proceed, HONEYWELL shall not be entitled to any reimbursement for any and all costs incurred in preparing the proposal. 7.3 Claims for Concealed or Unknown Conditions If conditions are encountered at the site that are (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents, or (2) unknown physical conditions of an unusual nature, which differ materially from those- ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then notice by the observing party shall be given to the other party promptly before conditions are disturbed and in no event later than twenty-one (21) days after first observance of the conditions, and, if appropriate, an equitable adjustment to the Contract Price and Installation Schedule shall be made by a Change Order. If agreement cannot be reached by the Parties, the party seeking an adjustment in the Price or Installation Schedule may assert a claim in accordance with Paragraph 7.4. 7.4 If HONEYWELL wishes to make a claim for an increase in the Price or an extension in the Installation Schedule it shall give CUSTOMER written notice thereof within a reasonable time after the occurrence of the event giving rise to such claim. This notice shall be given by HONEYWELL before proceeding to execute the Work, except in an emergency endangering life or property, in which case HONEYWELL shall have the authority to act, in its discretion, to prevent threatened damage, injury or loss. Claims arising from delay shall be made within a reasonable time after the delay. Increases based upon design and estimating costs with respect to possible changes requested by CUSTOMER shall be made within a reasonable time after the decision is made not to proceed with the change. No such claim shall be valid unless so made. If CUSTOMER and HONEYWELL cannot agree on the amount of the adjustment in the Price, or the Installation Schedule,it shall be determined pursuant to the provisions of Article 12. Any change in the Price or the Installation Schedule resulting from such claim shall be authorized by Change Order. 7.5 Emergencies In any emergency affecting the safety of persons or property, HONEYWELL shall act, at its discretion, to prevent threatened damage, injury or loss. Any increase in the Price or extension of time claimed by HONEYWELL on account of emergency work shall be determined as provided in Section 7.4. ARTICLE 8 INSURANCE, INDEMNITY. WAIVER OF SUBROGATION. AND LIMITATION OF LIABILITY 8.1 Indemnity 8.1.1 HONEYWELL agrees to indemnify, and hold harmless the CUSTOMER, its officers and employees from and against any and all actions, claims, demands, damages, disability, losses, expenses (including, but not limited to, reasonable attorneys' fees and defense costs) and liabilities of any nature (including, but not limited to property damage and personal and bodily injury, sickness and disease) to the extent caused by HONEYWELL's (i) breach of any obligation, representation or warranty contained herein, and/or (ii) negligence or willful misconduct (including any such breach, negligence or willful misconduct by. HONEYWELL's officers and employees). 8.1.2 CUSTOMER agrees to indemnify, and hold harmless the HONEYWELL, its officers and employees from and against any and all actions, claims, demands, damages, disability, losses, expenses (including, but not limited to, reasonable attorneys' City of National City ER Contract/1-29-10 6 fees and defense costs) and liabilities of any nature (including, but not limited to property damage and personal and bodily injury, sickness and disease) to the extent caused by CUSTOMER's (i) breach of any obligation, representation or warranty contained herein, and/or (ii) negligence or willful misconduct (including any such breach, negligence or willful misconduct by CUSTOMER's officers and employees). 8.1.3 CUSTOMER shall require any other contractor who may have a contract on this project with CUSTOMER to perform work in the areas where Work will be performed under this Agreement to agree to indemnify CUSTOMER and HONEYWELL and hold them harmless from all claims for bodily injury and property damage [other than property insured under Paragraph 8.4] that may arise from that contractor's operations. Such provisions shall be in a form satisfactory to HONEYWF! J . 8.2 Contractor's Liability Insurance HONEYWELL, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: ® A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $5,000,000 combined single limit per accident. Such automobile insurance shall include owned; non -owned, and hired vehicles ("any auto"). C. Commercial general liability insurance, with minimum limits of $5,000,000 per occurrence/$10,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of HONEYWELL's employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CUSTOMER. If HONEYWELL has no employees subject to the California Workers' Compensation and Labor laws, HONEYWELL shall execute a Declaration to that effect. Said Declaration shall be provided to HONEYEWLL by CUSTOMER. E. "All Risk" Property Insurance, including Builder's Risk coverage or an Installation Floater in an amount equal to the Agreement amount plus additional coverage equal to the Agreement amount for all subsequent change orders. 1) CUSTOMER shall be an Additional Insured on the "all risk" policy;. 2) Coverage shall be written on an all risk, replacement cost basis and shall include coverage for flood and earth movement as well as coverage for losses that may occur during equipment testing; 3) Policy shall be maintained until whichever of the following shall first occur: (a) final payment has been made; or (b) until no person or entity, other than CUSTOMER, has an insurable interest in the property required to be covered; 4) Policy shall be endorsed such that the insurance shall not be canceled or lapse because of any partial use or occupancy by CUSTOMER; 5) The Installation Floater must provide coverage from the time the equipment/material becomes the responsibility of HONEYWELL and shall continue without interruption during the installation, including any time during which the equipment/material is beingtransported to the installation site; or awaiting installation, whether on or off site; 6) HONEYWELL is solely responsible for the payment of all deductibles under the Installation Floater policy. F. The aforesaid policies shall constitute primary insurance as to the CUSTOMER; its officers, employees, and volunteers, so that any other policies held by the CUSTOMER shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CUSTOMER of cancellation or material change. G. Said policies, except for the professional liability and workers' compensation policies, shall name the CUSTOMER and its officers, agents and employees as additional insureds. H. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, HONEYWELL shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. J. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. In the event coverage is provided by non - admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) andotherwise meet rating requirements. City of National City ER Contract/I-29-I0 K. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CUSTOMER's Risk Manager. If HONEYWELL does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CUSTOMER may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. L. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CUSTOMER. 8.3 Insurance to Protect Project 8.3.1 CUSTOMER shall purchase and maintain all risk full cost replacement property insurance in a form acceptable to HONEYWELL for the length of time to complete the Project. This insurance shall include as named additional insureds HONEYWELL and HONEYWELL's Subcontractors and Sub -subcontractors and shall include, at a minimum, coverage for fire, windstorm, flood, earthquake, theft, vandalism, malicious mischief, transit, collapse, testing, and damage resulting from defective design, workmanship, or material. CUSTOMER will increase limits of coverage, if necessary, to reflect estimated replacement costs. CUSTOMER will be responsible for any co-insurance penalties or deductibles. If the Work covers an addition to or is adjacent to an existing building, HONEYWELL and its Subcontractors and Sub -subcontractors shall be named additional insureds under CUSTOMER's Property Insurance covering such building and its contents. 8.3.1.1 If CUSTOMER finds it necessary to occupy or use a portion or portions of the Facilities prior to Substantial Completion thereof, such occupancy shall not commence prior to a time mutually agreed to by CUSTOMER and HONEYWELL and to which the insurance company or companies providing the property insurance have consented by endorsementto the policy or policies. This insurance shall not be canceled or lapsed on account of such partial occupancy. Consent of HONEYWELL and of the insurance company or companies to such occupancy or use shall not be unreasonably withheld. 8.3.2 CUSTOMER shall purchase and maintain such insurance as will protect CUSTOMER and HONEYWELL against loss of use of CUSTOMER's property due to those perils insured pursuant to Subparagraph 8.4.1. Such policy will provide coverage for expenses of expediting materials, continuing overhead of CUSTOMER and HONEYWELL, necessary labor expense including overtime, loss of income by CUSTOMER and other determined exposures. Exposures of CUSTOMER and HONEYWELL shall be determined by mutual agreement and separate limits of coverage fixed for each item. 8.3.3 CUSTOMER shall provide evidence of Insurance to HONEYWELL before work on the Project begins. All insurance coverage(s) must be with a carrier rated A- or better by one of the National Insurance Rating Agencies such as A.M. Best. HONEYWELL will be given thirty (30) days notice of cancellation, non -renewal, or any endorsements restricting or reducing coverage. 8.4 Property Insurance Loss Adjustment 8.4.1 Any insured loss shall be adjusted with CUSTOMER and HONEYWELL and made payable to CUSTOMER and HONEYWELL as trustees for the insureds, as their interests may appear, subject to any applicable mortgagee clause. 8.4.2 Upon the occurrence of an insured loss, monies received will be deposited in a separate account and the trustees shall make distribution in accordance with the agreement of the parties in interest, or in the absence of such agreement, in accordance with an arbitration award pursuant to Article 12. If the trustees are unable to agree between themselves on the settlement of the loss, such dispute shall also be submitted to arbitration pursuant to Article 12. 8.5 Limitation of Liability 8.5.1 IN NO EVENT SHALL HONEYWELL BE LIABLE FOR ANY INDIRECT, SPECULATIVE, OR REMOTE, DAMAGES, WHETHER ARISING OUT OF OR AS A RESULT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, MOLD, MOISTURE OR INDOOR AIR QUALITY, OR OTHERWISE, ARISING FROM, RELATING TO, OR CONNECTED WITH THE WORK, SERVICES, EQUIPMENT, MATERIALS, OR ANY GOODS PROVIDED HEREUNDER. City of National City ER Contract/1-29-10 ARTICLE 9 TERMINATION OF THE AGREEMENT 9.1 If HONEYWELL defaults in, or fails or neglects to carry forward the Work in accordance with this Agreement, CUSTOMER may provide notice in writing of its intention to terminate this Agreement to HONEYWELL. If HONEYWELL, following receipt of such written notice, neglects to cure or correct the identified deficiencies within thirty (30) business days, CUSTOMER may provide a second written notice. If HONEYWELL has not, within thirty (30) business days after receipt of such notice, acted to remedy and make good such deficiencies, CUSTOMER may terminate this Agreement and take possession of the site together with all materials thereon, and move to complete the Work itself expediently. If the expense of completing the Work exceeds the unpaid balance, HONEYWELL shall pay the difference to CUSTOMER. 9.2 If CUSTOMER fails to make payments as they become due, or otherwise defaults or breaches its obligations under this Agreement, HONEYWELL may give written notice to CUSTOMER of HONEYWELL's intention to terminate this Agreement. If CUSTOMER, following receipt of such written notice, neglects to cure or correct the identified deficiencies within thirty (30) business days, HONEYWELL may provide a second written notice. If CUSTOMER has not, within seven (7) business days after receipt of such notice, acted to remedy and make good such deficiencies, HONEYWELL may terminate this Agreement and recover from CUSTOMER payment for Work executed and for losses sustained for materials, tools, construction equipment and machinery. ARTICLE 10 ASSIGNMENT AND GOVERNING LAW 10.1 This Agreement shall be governed by the law of the State of California. The venue will be in San Diego County and the Parties will mutually decide upon which particular Judicial District. 10.2 Neither party to the Agreement shall assign this Agreement or sublet it as a whole without the written consent of the other party. Such consent shall not be reasonably withheld, except that HONEYWELL may assign to another party the right to receive payments due under this Agreement HONEYWELL may enter into subcontracts for the Work without obtaining CUSTOMER's consent. ARTICLE 11 MISCELLANEOUS PROVISIONS 11.1 The Table of Contents and headings in this Agreement are for information and convenience only and do not modify the obligations of this Agreement. 11.2 Confidentiality. As used herein, the term "CONFIDENTIAL INFORMATION" shall mean any information in readable form or in machine-readable form, including software supplied to CUSTOMER by HONEYWELL, that has been identified or labeled as "Confidential" and/or "Proprietary" or with words of similar import. CONFIDENTIAL INFORMATION shall also mean any information that is disclosed orally and is designated as "Confidential" and/or "Proprietary" or with words of similar import at the time of disclosure and is reduced to writing, marked as "Confidential" and/or "Proprietary" or with words of similar import, and supplied to the receiving party within ten (10) days of disclosure. All rights in and to CONFIDENTIAL INFORMATION and to any proprietary and/or novel features contained in CONFIDENTIAL INFORMATION disclosed are reserved by the disclosing party; and the party receiving such disclosure will not use the CONFIDENTIAL INFORMATION for any purpose except in the performance of this Agreement and will not disclose any of the CONFIDENTIAL INFORMATION to benefit itself or to damage the disclosing party. This prohibition includes any business information (strategic plans, etc.) that may become known to either party. Each party shall, upon request of the other party or upon completion or earlier termination of this Agreement, return the other party's CONFIDENTIAL INFORMATION and all copies thereof. The CUSTOMER may from time to time communicate to HONEYWELL certain confidential information to enable HONEYWELL to effectively perform the services to be provided herein. HONEYWELL shall. treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CUSTOMER. HONEYWELL shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. City of National City ER Contract/1-29-10 HONEYWELL shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CUSTOMER. In its performance hereunder, HONEYWELL shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. HONEYWELL shall be liable to CUSTOMER for any damages caused by breach of this condition. Notwithstanding the foregoing provisions, neither party shall be liable for any disclosure or use of information disclosed or communicated by the other party if the information: (a) is publicly available at the time of disclosure or later becomes publicly available other than through breach of this Agreement; or (b) is known to the receiving party at the time of disclosure; or (c) is subsequently rightfully obtained from a third party on an unrestricted basis; or (d) is approved for release in writing by an authorized representative of the disclosing party; or (e) is subject to disclosure under the California Public Records Act; or (f) is required by law to be disclosed. The obligation of this Article shall survive any expiration, cancellation or termination of this Agreement. 113 If any provision is held illegal, invalid or unenforceable, the remaining provisions of this Agreement shall be construed and interpreted to achieve the purposes of the Parties. 11.4 Risk of loss for all equipment and materials provided by HONEYWELL hereunder shall transfer to CUSTOMER upon delivery to. CUSTOMER's Facilities from HONEYWELL or its Subcontractor and title shall pass upon final acceptance or final payment by CUSTOMER to HONEYWELL, whichever occurs later. 11.5 NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal. Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To HONEYWELL: HONEYWELL INTERNATIONAL INC. Honeywell Building Solutions 12503 SE Mill Plain Blvd, Suite 150, Vancouver, WA 98684 Attention: Brett Lichtenthaler To CUSTOMER: CITY OF NATIONAL CITY, CA Public Works Department 2100 Hoover Avenue, National City, CA 91950 Attention: Joe H. A. Smith, Director of Public Works 11.6 Waiver. A party's failure to insist upon the performance or fulfillment ofany of the other party's obligations under this Agreement shall not be deemed or construed as a waiver or relinquishment of the future performance of any such rightor obligation hereunder. 11.7 If any provision of this Agreement or the application thereof to any circumstances shall be held to be invalid or unenforceable, then the remaining provisions of this Agreement or the application thereof to other circumstances shall not be affected hereby and shalt be valid and enforceable to the fullest extent permitted by law. City of National City ER Contract/1-29-10 10 11.8 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. 11.9 No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. 11.10 Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. 11.11 Amendment to this Agreement The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. 11.12 Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. ARTICLE 12 ARBITRATION 12.1 MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The Parties will mutually decide upon the Mediator. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. The Parties will mutually decide upon the Arbitrator. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. The Parties will mutually decide upon the Mediator and/or Arbitrator. APPROVALS: The parties hereby execute this Agreement as of the date first set forth herein by the signatures of their duly authorized representatives: HONEYWELL INTERNATIONAL INC. CITY OF NATIONAL CITY By By Name 1oWAA u-S S Name Title apt y 64,4A.A.4•C G-r, 4.2 Title Date 3 1 4' l t Date City of National City ER Contract/1-29-10 11 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 16, 2010 AGENDA ITEM NO. 15 EM TITLE: Resolution of the City Council of the City of National City approving and authorizing the Mayor to execute the 15 year lease option and related financing agreements totaling $2,150,000 to provide financing for the Honeywell Building Solutions self -funded comprehensive energy retrofit program, specifically: Lease with Option Agreement totaling $2,150,000, the Acquisition Fund Agreement, Assignment of Lease / Acknowledgement of Lease, Arbitrage and Tax Certificate, and Certificate of Lessee; and, authorizing the Mayor to sign disbursement requests to transfer funds from the Acquisition Fund for payments as set forth in the Acquisition Fund Agreement. PREPARED BY: Jeanette Ladrido, PHONE: 619-336-4331 EXPLANATION: See attached explanation. DEPARTMENT: Finance APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS The amounts in lease payment schedule and cost of the rental interruption insurance will be appropriated annually in the Facilities Maintenance fund (fund 626) budget. The sum of the two items will be a direct reduction in the gas and electricity line item (account 234) so that the impact will remain budget neutral. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the 15 year lease agreement and related financing documents. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: olution tease with option to Purchase Lease schedule and related financing documents Explanation: The energy retrofit program with Honeywell is self -funded through guaranteed energy and operational savings identified by Honeywell and confirmed by the city. The Phase 1 program will provide $1.7M of needed building improvements to systems that have far exceeded their useful life and are operating very inefficiently. By installing new building systems. the city will realize energy and repair savings that will be used to fund the improvements over a 15 year agreement. The construction costs will be financed through Municipal Finance Corporation (Westlake Village, CA) and funded by City National Bank at a very competitive 4.95% tax exempt rate. The city will realize the savings before each quarterly payment is due and the guaranteed savings will satisfy all the costs of the program; which includes principal. interest and the cost of the Measurement & Verification services to administer the energy guarantee. Honeywell's savings guarantee covers all costs of the program; however, the expected and calculated savings may provide some positive cash flow to the city. Honeywell does not guarantee the savings above the program costs; however, if this does occur these additional savings belong to the city. Total cost for Phase 1 over the 15 year agreement is $2,578,048. Honeywell is guaranteeing that total savings will cover all these program costs and projected savings are approximately $200,000 higher over the term. In the event the savings guarantee is not realized, Honeywell will provide additional services to the city equal to the amount of the calculated guarantee miss or write a check to the city in the same amount with the choice belonging to National City. The Phase 2 project is being funded with a combination of ARRA Stimulus funds through the Energy Efficiency Conservation Block Grant (EECBG) in the amount of $561,700 with the remainder being financed through the same leasing arrangement as Phase 1. The total project cost for Phase 2 is projected to be approximately $800,000 and the savings from this building retrofit will be sufficient to satisfy the additional lease expense and other costs. These savings will, again, be guaranteed by Honeywell up to the cost of the project. RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A 15 YEAR LEASE OPTION AND RELATED FINANCING AGREEMENTS WITH MUNICIPAL FINANCE CORPORATION TOTALING $2,150,000 TO PROVIDE FINANCING FOR THE HONEYWELL BUILDING SOLUTIONS SELF -FUNDED COMPREHENSIVE ENERGY RETROFIT PROGRAM, SPECIFICALLY: LEASE WITH OPTION AGREEMENT TOTALING $2,150,000, THE ACQUISITION FUND AGREEMENT, ASSIGNMENT OF LEASE/ACKNOWLEDGEMENT OF LEASE, ARBITRAGE AND TAX CERTIFICATE, AND CERTIFICATE OF LESSEE; AND AUTHORIZING THE MAYOR TO SIGN DISBURSEMENT REQUESTS TO TRANSFER FUNDS FROM THE ACQUISITION FUND FOR PAYMENTS AS SET FORTH IN THE ACQUISITION FUND AGREEMENT WHEREAS, the City Council of the City of National City desires to enter into energy conservation contracts pursuant to which the City may acquire and finance equipment and services to reduce energy use or to make for a more efficient use of energy; and WHEREAS, the City proposes to enter into an agreement with Honeywell Building Solutions (the "Honeywell Contract") for the acquisition and installation of a mechanical retrofit and energy management project (the "Project") for a total amount not to exceed $2,150,000.00; and WHEREAS, Municipal Finance Corporation (the "Corporation") has offered to enter into a Lease With Option to Purchase (the "Lease") with the City in order to provide fifteen year lease financing for the Project at a 4.95% annual percentage rate; and WHEREAS, financing for the Project requires additional documents to be concurrently executed to effectuate the financing, including the Acquisition Fund Agreement, Assignment of Lease/Acknowledgement of Assignment of Lease, Arbitrage and Tax Certificate, and Certificate of Lessee; and WHEREAS, this financing allows the City to lease the equipment and required support services from the Corporation, and to make the lease payments from realized energy savings. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City as follows: SECTION 1. Lease with Option to Purchase. The Mayor is hereby authorized to execute a Lease with Option to Purchase (the "Lease") with the Corporation to finance the Project, subject to approval as to form by the City's legal counsel. SECTION 2. Additional Financing Documents. The Mayor is hereby authorized to execute the following documents related to the financing of the Project: Acquisition Fund Agreement, Assignment of Lease/Acknowledgement of Assignment of Lease, Arbitrage and Tax Certificate, and Certificate of Lessee. The Mayor is also authorized to execute disbursement requests to release funds from the Acquisition Fund, as needed, pursuant to the Acquisition Fund Agreement. Resolution No. 2010 — Page 2 SECTION 3. Attestations. The City Clerk or other appropriate City officer is hereby authorized and directed to attest the signature of the Mayor or City Manager or of such other person or persons as may have been designated by the Mayor or City Manager, and to affix and attest the seal of the City, as may be required or appropriate in connection with the execution and delivery of the Lease and the Escrow Agreement. SECTION 4. Other Actions. The Mayor, City Manager and other officers of the City are each hereby authorized and directed, jointly and severally, to take any and all actions and to execute and deliver any and all agreements, documents and certificates which they may deem necessary or advisable in order to carry out, give effect to and comply with the terms of this Resolution and the Lease. SECTION 5. Qualified Tax -Exempt Obligations. The Lease is hereby designated as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended (the "Code"). The City, together with all subordinate entities of the City, do not reasonably expect to issue during the calendar year in which the Lease is issued more than $30,000,000 of obligations which it could designate as "qualified tax- exempt obligations" under Section 265(b) of the Code. SECTION 6. Effect. This Resolution shall take effect immediately upon its passage. Said Agreements are on file in the office of the City Clerk. PASSED and ADOPTED this 16th day of March, 2010. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, I11 City Attorney Schedule of Savings The total energy and Capital Cost Avoidance over the Term of the contract is equal to or greater than $2,744,973 as defined in the table below: YEAR ENERGY Capital Cost Avoidance TOTAL 1 $116,499 $12,425 $128,924 2 $122,324 $12,798 $135,122 3 $128,440 $13,182 $141,622 4 $134,862 $13,577 $148,439 5 $141,605 $13,984 $155,590 6 $148,686 $14,404 $163,090 7 $156,120 $14,836 $170,956 8 $163,926 $15.281 $179,207 9 $172,122 $15.740 $187,862 10 $180,728 $16,212 $196,940 11 $189,765 $16,698 $206,463 12 $199,253 $17,199 $216,452 13 $209.215 $17,715 $226,931 14 $219,676 $18,247 $237,923 15 $230,660 $18,794 $249,454 TOTALS $2,513,881 $231,092 $2,744,973 or the sum of the Retrofit and Support Costs for such Guarantee Year, whichever is less. Provided further, in no event shall the cost avoidance guarantee provided herein exceed the total installation, maintenance, and financing costs for the Work under this Agreement. Proforma budget neutral or positive cash flows are not guaranteed. The Term of the Guarantee Performance Period is 15 years, subject to Attachment F. Cv DOCUMENTATION INSTRUCTIONS AND REFERENCE The following documents represent the complete Lease documentation package: 1. Lease with Option to Purchase 2. Lease Schedule 3. Assignment of Lease and Acknowledgment of Assignment 4. Acquisition Fund Agreement 5. Arbitrage and Tax Certificate 6. Certificate of Lessee 7. incumbency and Signature Certificate 8. Certificate of Acceptance (executed upon final acceptance of Property) All of the above documents shall be executed with original signatures. The signatory should be the officer(s) referenced in the resolution. In addition to the above documents, the following additional items are required: Resolution Please send an original or certified copy of the resolution adopted by the governing body. Legal Opinion Please send the Lease documentation to your counsel for legal review and the issuance of a legal opinion like the sample provided. The legal opinion should be on the counsel's letterhead and bear an original signature. Insurance Please fill out the Insurance Authorization Letter, the Insurance Data Form and the Self -Insurance Certificate (if applicable). FAX the Insurance Authorization Letter to your insurance agent(s) and to MFC. Return completed original along with the Insurance Data Form, the Self - Insurance Certificate and other Lease documents. LEASE WITH OPTION TO PURCHASE #10-005 This LEASE WITH OPTION TO PURCHASE dated March 16, 2010 (this "Lease") is by and between MUNICIPAL FINANCE CORPORATION, ("Corporation") a corporation duly organized and existing under the laws of the State of California as lessor and CITY OF NATIONAL CITY, a municipal corporation duly organized and existing under the laws of the State of California ("Lessee") as lessee. RECITALS: WHEREAS, Lessee deems it essential for Lessee to acquire the property described herein for its own public purposes; and WHEREAS, it is intended that this Lease be treated as a tax- exempt obligation of Lessee for federal income tax purposes; and WHEREAS, Lessee and Corporation agree to mutually cooperate now and hereafter, to the extent possible, in order to sustain the intent of this Lease and the bargain of both parties hereto. WITNESSETH: NOW, THEREFORE, in consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows: SECTION 1. Lease. Corporation hereby leases to Lessee, and Lessee hereby leases and hires from Corporation all property (the "Property") described in the schedule or schedules (collectively, the "Schedule") executed by the parties concurrently herewith and hereafter and made a part hereof. Hereinafter, reference to Corporation means Corporation and Corporation's assigns for those rights, interests and obligations that may be assigned by Corporation. SECTION 2. Term. The terms and conditions of this Lease shall become effective upon the authorized execution of this Lease by the parties hereto. The rental term of the Property leased hereunder commences and terminates on the dates specified in the Schedule unless the term of this Lease is extended as provided in this Section. If on the scheduled date of termination of this Lease the Rental Payments shall not be fully paid, or provision therefor made, or if such Rental Payments shall have been abated at any time and for any reason, then the term of this Lease shall be extended until the date upon which all such Rental Payments shall be fully paid, except that the term of this Lease shall in no event extend beyond the date that corresponds to the end of the useful life of the Property. SECTION 3A. Representations, Covenants and Warranties cf Lessee. The Lessee represents, covenants and warrants to Corporation that: (a) Lessee is a municipal corporation and political subdivision, duly organized and existing under the Constitution and laws of the State of California with authority to enter into this Lease and to perform all of its obligations hereunder. (b) Lessee's governing body has duly authorized the execution and delivery of this Lease and further represents and warrants that all requirements have been met and procedures followed to ensure its enforceability. (c) The execution, delivery and performance of this Lease do not and will not result in any breach of or constitute a default under any indenture, mortgage, contract, agreement or instrument to which Lessee is a party by which it or its property is bound. (d) There is no pending or, to the knowledge of Lessee, threatened action or proceeding before any court or administrative agency which will materially adversely affect the ability of Lessee to perform its obligations under this Lease. (e) Lessee has complied all public bidding laws applicable to the acquisition of the Property leased hereunder. (f) The Property being leased is essential to Lessee in the performance of its governmental functions and its estimated useful life to Lessee exceeds the term of this Lease. (g) Within one hundred eighty (180) days of the end of each fiscal year of Lessee during the term hereof, Lessee shall provide Corporation with a copy of its audited financial statements for such fiscal year. SECTION 3B. Budget and Appropriation. Lessee shall take such action as may be necessary to include all rental payments in its annual budget and annually to appropriate an amount necessary to make such rental payments. During the terra of this Lease, Lessee will furnish to Corporation, if so requested, copies of each proposed budget of Lessee within thirty (30) days after it is filed and of each final budget of the Lessee within thirty (30) days after it is printed. The covenants on the part of Lessee shall be deemed and construed to be duties imposed by law and it shall be the duty of each and every public official of Lessee to take such action and do such things as are required by law in the performance of the official duty of such officials to enable Lessee to carry out and perform the 2 covenants and agreements in this Lease agreed to be carried out and performed by Lessee. SECTION 4. Representations and Warranties of Corporation. Corporation_ represents and warrants to Lessee that: (a) Corporation is duly organized, validly existing and in good standing under the laws of the State of California, with full corporate power and authority to lease and own real and personal property. (b) Corporation has full power, authority and legal right to enter into and perform its obligations under this Lease, and the execution, delivery and performance of this Lease have been duly authorized by all necessary corporate actions on the part of Corporation and do not require any further approvals or consents. (c) The execution, delivery and performance of this Lease do not and will not result in any breach of or constitute a default under any indenture, mortgage, contract, agreement or instrument to which Corporation is a party by which it or its property is bound. (d) There is no pending or, to the knowledge of Corporation, threatened action or proceeding before any court or administrative agency which will materially adversely affect the ability of Corporation to perform its obligations under this Lease. SECTION 5. Property Acquisition. Corporation hereby appoints Lessee as its purchasing agent to acquire the Property leased hereunder and Lessee hereby accepts said appointment (hereinafter, the "Agency"). The Agency is limited to i) negotiation of terms, conditions and acquisition cost of acquiring the Property from suppliers and contractors (collectively, the "Supplier") selected by Lessee; ii) to the inspection and acceptance of the Property upon its delivery and installation; and iii) to the exercise of any rights or remedies with respect to Property warranties or guarantees. All warranties and guarantees, either express or implied, that inure to Corporation by virtue of the Agency are hereby passed through to Lessee to prosecute at Lessee's sole discretion. SECTION 6. Deposit of Moneys. Corporation shall cause the deposit of the sum of $1,755,160.33 (the "Lease Proceeds") in an acquisition fund (the "Acquisition Fund") with Deutsche Bank National Trust Company ("Custodian") pursuant to an Acquisition Fund Agreement by and among Corporation, City and Custodian, the date of such deposit to be the commencement date of this Lease (the "Closing Date"). The Lease Proceeds shall be invested and disbursed pursuant to the terms and conditions of the Acquisition Fund Agreement. Any moneys that remain in the Acquisition Fund after completing the disbursements for 3 Property cots and Rental Payments shall be applied towards the payment or prepayment of future Rental Payments. SECTION 7. Rental Payments. LESSEE SHALL PAY CORPORATION RENTAL PAYMENTS (the "Rental Payments") IN THE AMOUNTS AND AT THE TIMES SET FORTH IN THE SCHEDULE, AT THE OFFICE OF CORPORATION OR TO SUCH OTHER PERSON OR AT SUCH OTHER PLACE AS CORPORATION MAY FROM TIME TC TIME DESIGNATE IN WRITING. Lessee hereby authorizes Corporation to withdraw from the Acquisition Fund on the first three Rental Payment dates, the amounts necessary to make Rental Payments as sete forth in the Schedule. Should Lessee fail to pay any part of the Rental Payments herein within fifteen (15) days from the due date thereof, Lessee shall upon Corporation's written request, pay interest on such delinquent Rental Payment From the date said Rental Payment was due until, paid at the rate of twelve percent (12%) per annum or the maximum legal rate, whatever is less. Lessee shall pay Rental Payments exclusively from legally available funds, in lawful money of the United States of America, to Corporation. The obligation of Lessee to pay Rental Payments hereunder shall constitute a current expense of Lessee and shall not in any way be construed to be a debt of Lessee in contravention of any applicable constitutional or statutory limitations or requirements concerning the creation of indebtedness by Lessee, nor shall anything contained herein constitute a pledge of the general tax revenues of Lessee. Except as specifically provided in Section 8, the obligation of Lessee to pay the Rental Payments will be absolute and unconditional in all events, and will not be subject to set-off, defense, abatement, reduction, counterclaim, or recoupment for any reason whatsoever. The periodic Rental Payments paid by Lessee shall be conclusive as to its fair value for the possession, use and/or occupancy of the Property. SECTION 8. Rental Abatement. Rental Payments due hereunder with respect to the Property, other than the Advance Rental Payments, shall be subject to abatement during any period in which, by reason of material damage to or destruction of the Property there is substantial interference with the use and right of possession by Lessee of the Property or any substantial portion thereof. For each potential incident of substantial interference, decisions to be made on i) whether or not abatement shall apply; ii) the date upon which abatement shall commence; iii) the applicable portion of Rental Payments to be abated and; iv) the concluding date of the particular abatement shall all be subject to determinations by Lessee in concert with the provider of the insurance issued pursuant to Section 20 herein. The amount of rental abatement shall be such that the Rental Payments paid by Lessee during the period of Property restoration do not exceed the fair rental value of the usable portions of the Property. The actual amount of Rental Payments paid by Lessee shall be conclusive as to its fair value. In the event of any damage or 4 destruction to the Property, this Lease shall continue in full force and effect. SECTION 9. Security Interest. As security for the payment of all of Lessee's obligations hereunder, Lessee hereby grants Corporation, its successors and assigns, a security interest in the Property, its accessions and attachments thereto and replacements thereof and substitutions therefor and all proceeds of the Acquisition Fund and all proceeds of any of the foregoing. Lessee agrees to execute such additional documents, including financing statements, and authorizes Corporation to file such financing statements, which Corporation deems necessary or appropriate to establish, perfect and maintain Corporation's security interest. SECTION 10. Use. Lessee shall use the Property in a careful and proper manner and shall comply with and conform to all national, state, municipal, police, and other laws, ordinances, and regulations in anyway relating to the possession, use, or maintenance of the Property. SECTION 11. Acceptance. Lessee shall acknowledge receipt, inspection and acceptance of the Property by executing a "Certificate of Acceptance". SECTION 12. Corporation's Inspection. Upon forty-eight (48) hours prior notice, the Corporation shall at any and all Limes during normal business hours have the right to enter into and upon Lessee's premises where the Property is located for the purpose of inspecting the same or observing its use. Lessee shall give Corporation immediate notice of any attachment or other judicial process affecting the Property. SECTION 13. Property Selection and Ordering. Lessee has selected or will select the type and quantity of the Property leased hereunder. Lessee shall ensure that all Property is properly invoiced to Corporation. Corporation shall not be liable for, nor shall the validity, enforeceability or effectiveness of this Lease be affected by, any delay in or failure of delivery of the Property. Lessee acknowledges that it is solely responsible for determining the suitability of the Property for its intended use. Corporation shall have no duty to inspect the Property. If the Property is not properly installed, does not operate as represented or warranted by the Supplier, or is unsatisfactory for any reason, Lessee shall make any claim on account thereof solely against the Supplier. Lessee hereby assumes the risks, burdens and obligations to the Supplier on account of nonacceptance of the Property and/or cancellation of this Lease and upon the occurrence of any such event, Corporation will assign to Lessee, without recourse or warranty, its rights and title to the Property and any documents related thereto. 5 SECTION 14. Disclaimer of Warranty. CORPORATION NOT BEING THE MANUFACTURER OR SUPPLIER OF THE PROPERTY NOR A DEALER IN SIMILAR PROPERTY, HAS NOT MADE AND DOES NOT MAKE ANY REPRESENTATION, WARRANTY, OR COVENANT, EXPRESS OR IMPLIED, WITH RESPECT TO THE DESIGN, DURABILITY, FITNESS FOR USE, SUITABILITY, OR MERCHANTABILITY OF THE PROPERTY IN ANY RESPECT, AND AS BETWEEN CORPORATION AND LESSEE, ALL PROPERTY SHALL BE ACCEPTED AND LEASED BY LESSEE "WHERE IS," "AS IS," AND "WITH ALL FAULTS," AND CORPORATION SHALL NOT BE RESPONSIBLE FOR ANY PATENT OR LATENT DEFECTS THEREIN. LESSEE AGREES TO SETTLE DIRECTLY SUCH CLAIMS WITH THE SUPPLIER AND WILL NOT ASSERT ANY SUCH CLAIMS AGAINST CORPORATION. SECTION 15. Alterations and Attachments. All additions and improvements that are made to the Property shall belong to and become the property of the Corporation except that separately identifiable attachments added to the Property by Lessee may remain the property of Lessee as long as (i) the attachment is paid for in full by Lessee and (ii) Lessee agrees to remove the attachment and restore the Property to substantially as good condition as when received, normal wear and tear excepted, if and when the Property may be returned to Corporation. SECTION 16. Relocation. Lessee shall provide Corporation prior written notice of its intent to relocate the Property. Lessee assumes all risks of loss to the Property attendant to its movement and relocation. The Property location shall be under Lessee's full control for its own governmental purpose. SECTION 17. Maintenance and Repairs. Lessee, at its own cost and expense, shall furnish necessary labor and materials to maintain the Property in good repair, condition, and working order. Lessee's obligations to maintain the Property does not relieve the Supplier of its responsibility to fully perform with respect to all applicable Property warranties and guarantees. SECTION 18. Risk of Loss; Damage; Destruction. With the exception of acts resulting from intentional misconduct or gross negligence by Corporation, its agents and representatives, Lessee hereby assumes and shall bear the entire risk of loss and damage to the Property from any and every cause whatsoever. No loss or damage to the Property or any part thereof shall impair any obligation of Lessee under this Lease which shall continue in full force and effect, subject to Section 8 of this Lease. Lessee waives the benefit of Civil Code Sections 1932(2) and 1933(4) and any and all other rights to terminate this Lease by virtue of any damage or destruction to the Property. 6 SECTION 19. Physical Damage/Public Liability Insurance. Lessee shall keep the Property insured, as nearly as practicable, against risk of loss or damage rrom any peril covered under an "all-risk" insurance policy for not less than the replacement value thereof, and Lessee shall carry public liability and property damage insurance covering the Property. All said insurance shall be in form and amount and with reputable companies and shall name Corporation as an additional insured and loss payee. Lessee shall pay the premiums therefore and deliver certification of said policies to Corporation. Each insurer shall agree, by endorsement upon the policy or policies issued by it or by independent instrument furnished to Corporation, that it will give Corporation thirty (30) days' written notice before the policy or policies shall be altered or canceled. The proceeds of such insurance, at the option of Lessee, shall be applied: (a) toward the replacement, restoration, or repair of the Property, or (b) toward payment of she total remaining obligations of Lessee hereunder; provided, however, that Lessee shall be responsible for the amount by which such insurance proceeds are insufficient to satisfy the cost of option (a) or option (b) above, as applicable. Should Lessee replace, restore, or repair the Property as set out in option (a) above, this Lease shall continue in full force and effect. Lessee may self -insure up to specified limits as evidenced by a certificate of self insurance to be attached hereto in form and amount acceptable to Corporation. Any self-insurance program in which Lessee is a participant shall comply with the provisions under. this Lease respecting cancellation and modification and payment of losses to the Corporation as its respective interests may appear. Such self-insurance shall be maintained on a basis which is actuarially sound as established by Lessee's risk manager or an independent insurance consultant which determination shall be made annually. Any deficiency shall be corrected within sixty (60) days of Lessee becoming aware of such deficiency. SECTION 20. Rental Interruption Insurance. Lessee shall maintain or cause to be maintained at its expense and throughout the term of this Lease, insurance covering the loss of use of the Property or portions thereof for an amount not less than Rental Payments payable by Lessee consecutively for a twelve (12) month period. This coverage shall insure against abatement of Rental Payments payable by Lessee that come due hereunder resulting from Lessee's loss of use of the Property or any substantial portion thereof and caused by any peril covered under Lessee's physical damage insurance policy or self- insurance program, as applicable. Such insurance may be maintained in conjunction with or separate from any other similar insurance maintained by Lessee. The insurance proceeds shall he payable to Corporation in amounts proportionate to the loss of use of the Property and shall supplement Lessee's applicable Rental Payments, if any, during the restoration period in sufficient amount to make Corporation whole during the period of abatement. 7 SECTION 21. Liens and Taxes. Lessee shall keep the Property free and clear of all levies, liens, and encumbrances and shall promptly pay all fees, assessments, charges, and taxes (municipal, state and federal), including personal property taxes, which may now or hereafter be imposed upon the ownership, leasing, renting, sale, possession, or use of the Property, excluding, however, all taxes on or measured by Corporation's income. SECTION 22. Indemnity. Subject to California law concerning tribution and enforceability of indemnifications, Lessee shall indemnify Corporation against and hold Corporation harmless from any and all claims, actions, suits, proceedings, costs, expenses, damages, and liabilities, including attorneys' fees, arising out of, connected with or resulting from the selection, possession, use, operation, or return of the Property excepting that Lessee shall not be required to indemnify Corporation in the event that such liability or damages are caused by the gross negligence or intentional misconduct of Corporation, its agents or representatives. SECTION 23. Events of Default. The term "Event of Default", as used in this Lease, means the occurrence of any one or more of the following events: (a) Lessee fails to make any Rental Payment (or any other payment) within fifteen (15) days after the due date thereof or Lessee fails to perform or observe any other covenant, condition or agreement to be performed or observed by it hereunder and such failure to either make the payment or perform the covenant, condition or agreement is not cured within ten (10) days after written notice thereof by Corporation; (b) Corporation discovers that any statement, _n::resentation or warranty made by Lessee in this Lease, the Schedule or in any document ever delivered by Lessee pursuant hereto or in connection herewith is false, misleading or erroneous in any material respect; (c) Lessee becomes insolvent, is unable to pay its debts as tH v become due, makes an assignment for the benefit of creditors, applies or consents to the appointment of a receiver, trustee, conservator or liquidator of Lessee or of all or a substantial part of its assets, or a petition for relief is filed by or against Lessee under federal bankruptcy, insolvency or similar laws. SECTION 24. Remedies. Upon the occurrence of an Event of Default, Corporation may, at its option, exercise any one or more of the following remedies: (a) by written notice to Lessee, request Lessee to (and Lessee agrees that it shall), at Lessee's expense, promptly return the Property to Corporation freight prepaid and ±nsured to any location in the State of California as designated by Corporation, or Corporation, at its option, may enter upon the premises where the Property is located and take immediate possession of and remove the same without liability to Corporation or its agents for such entry or for damage to property or otherwise; (b) sell or 8 lease the Property or sublease it for the account of the Lessee, holding Lessee liable for all Rental Payments and other payments due to the effective date of such selling, leasing or subleasing plus any accrued interest to the date of termination; and (c) exercise any other right, remedy or privilege which may be available to it under applicable law, including the right to (i) proceed by appropriate court action to enforce the terms of this Lease, (ii) recover damages for the breach of this Lease, and (iii) rescind this Lease as to any portion of or all of the Property. No right or remedy herein conferred upon or reserved to Corporation is exclusive of any other right or remedy herein, but each shall be cumulative of every other right or remedy given hereunder or now or hereafter existing at law or in equity or by statute or otherwise, and may be enforced concurrently therewith or from time to time; provided, however, that notwithstanding any provisions to the contrary herein, Corporation shall not under any circumstances have the right to accelerate the Rental Payments that fall due in future rental periods or otherwise declare any Rental Payments not then in default to be immediately due and payable. SECTION 25. Non -Waiver. No covenant or condition to be performed by Lessee under this Lease can be waived except by the written consent of Corporation. Forbearance or indulgence by Corporation :in any regard whatsoever shall not constitute a waiver of the covenant or condition in question. Until performance by Lessee of said covenant or condition is complete, Corporation shall be entitled to invoke any remedy available to Corporation under this Lease or by law or in equity despite said forbearance or indulgence. SECTION 26. Assignment and Subleasing. Lessee shall not (a) assign, transfer, pledge, or hypothecate this Lease, the Property, or any part thereof, or any interest therein, or (b) sublet or lend the Property or any part thereof except with the prior written consent of Corporation which, in the case of subletting, shall not be unreasonably withheld; provided such subletting shall not affect the tax-exempt status of the interest components of the Rental Payments payable by Lessee hereunder. No such pledge, assignment, sublease or any other transfer shall in any event affect or reduce the obligation of Lessee to make the Rental Payments due hereunder. Consent to any of the foregoing acts applies only in the given instance and is not a consent to any subsequent like act by Lessee or any other person. Corporation shall not assign its obligations under this Lease with the exception of its obligation to issue default notices and its obligations pursuant to Section 30. Corporation may assign its right, title and interest in this Lease, the Rental Payments and other amounts due hereunder and the Property in whole or in part to one or more assignees or subassignees at any time, without the consent of Lessee. Any such assignment by Corporation or its assigns shall comply with the requirements of Sections 5950-5955 of the California 9 Government Code. No such assignment shall be effective as against Lessee unless and until Corporation shall have filed with Lessee a copy of such assignment or written notice thereof. Lessee shall pay all Rental Payments hereunder pursuant to the direction of Corporation or the assignee named in the most recent assignment or notice of assignment filed with Lessee. During this Lease term, Lessee shall keep a complete and accurate record of all such assignments or notices of assignment. Subject to the foregoing, this Lease inures to the benefit of, and is binding upon, the successors and assigns of the parties hereto. SECTION 27. Ownership. The Property is and shall at all times be and remain the sole and exclusive property of Corporation, and Lessee shall have no right, title, or interest therein or thereto except as expressly set forth in Sections 29 and 30. Lessee shall take all actions necessary to insure that legal title to the Property being acquired by Lessee hereunder, whether by Lessee or by a third party acting on behalf of Lessee, is vested in Corporation. SECTION 28. Personal Property. The Property is and shall at all times be and remain personal property notwithstanding that the Property or any part thereof may now be or hereafter become in any manner affixed or attached to or imbedded in, or permanently resting upon, real property or any building thereon, or attached in any manner to what is permanent by means of cement, plaster, nails, bolts, screws or otherwise. SECTION 29. Purchase Option. If Lessee is not in default of any term, condition or payment specified hereunder, Lessee may rcise options to prepay this Lease and purchase not less than all of the Property in "as -is" and "where -is" condition on the specified dates and for the specified amounts set forth in the Schedule. The purchase option price specified for a particular date is in addition to the Rental Payment due on the same date. SECTION 30. Release of Liens. Upon Lessee either making all of the Rental Payments scheduled herein or making a purchase option payment, Corporation, its successors or assigns shall cause i) legal title to the Property to be transferred to Lessee and ii) the release of all liens, encumbrances or security interests on the Property created pursuant to Corporation's rights under this Lease. SECTION 31. Tax Covenants. (a) Generally. Lessee shall not take any action or permit to be taken any action within its control which would cause or which, with the passage of time if not cured would cause, the interest components of the Rental Payments to become includable in gross income for federal income tax purposes. 10 (b) Private Activity Bond Limitation. Lessee shall assure that the Lease Proceeds are not so used as to cause this Lease to satisfy the private business tests of Section 141(b) of the Internal Revenue Code of 1986, as amended (the "Code"), or the private loan financing test of Section 141(c) of the Code. (c) No Arbitrage. Lessee will not take any action or omit to take any action which action or omission, if reasonably expected on the date of this Lease, would have caused this Lease to be an "arbitrage bond" within the meaning of Section 148(a) of the Code. (d) Federal Guarantee Prohibition. The Rental Payments are not directly guaranteed or indirectly guaranteed in whole or in part by the United States or any agency or instrumentality of the United States so as to cause the Rental Payments to be "federally guaranteed" within the meaning of Section 149(b) of the Code. (e) Reimbursement Regulations. The Lease Proceeds used for reimbursement of prior expenditures will be made pursuant to and in compliance with Income Tax Regulations Section 1.150-2. (f) Bank Qualified. Lessee hereby designates this Lease for purposes of paragraph (3) of Section 265(b) of the Code and represents that not more than $10,000,000 aggregate principal amount of obligations the interest on which is excludable (under Section 103(a) of the Code) from gross income for federal income tax purposes (excluding (i) private activity bonds, as defined in Section 141 of the Code, except qualified 501(c) (3) bonds as defined in Section 145 of the Code and (ii) current refunding obligations to the extent the amount of the refunding obligation does not exceed the outstanding amount of the refunded obligation), including this Lease, has been or will be issued by Lessee, including all subordinate entities of Lessee, during calendar year 2010. (g) Arbitrage Rebate. Lessee shall take any and all actions necessary to assure compliance with Section 148(f) of the Code, relating to the rebate of excess investment earnings, if any, to the federal government, to the extent that such section is applicable to this Lease. SECTION 32. Extraordinary Costs. In the case of litigation, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including attorneys' fees (which may be the allocable cost of in-house counsel), incurred by the prevailing party in exercising any of its rights or remedies hereunder or enforcing any of the terms, conditions or provisions hereof. 11 SECTION 33. Severability. If any provision of this Lease shall be held invalid or unenforceable by a court of competent jurisdiction, such holdings shall not invalidate or render unenforceable any other provision of this Lease, unless elimination. of such provision materially alters the rights and obligations embodied in this Lease. SECTION 34. Entire Agreement. This Lease, the Schedule, and any agreements that specifically refer to this Lease that are duly executed by authorized agents of the parties hereto constitute the entire agreement between Corporation and Lessee, and it shall not be further amended, altered, or changed except by a written agreement that is properly authorized and executed by the parties hereto. SECTION 35. Notices. Service of all notices under this Lease shall be sufficient if given personally or mailed to the party involved at its respective address hereinafter set forth or at such address as such party may provide in writing from time to time. Any such notice mailed to such address shall be effective when deposited in the United States mail, duly addressed and with postage prepaid. SECTION 36. Titles. The titles to the Sections of this Lease are solely for the convenience of the parties and are not an aid in the interpretation thereof. SECTION 37. Further Assurances and Corrective Instruments. Corporation and Lessee agree that they will, from time to time, execute, acknowledge and deliver, or cause to be executed, acknowledged and delivered, such supplements hereto and such further instruments as may be reasonably required for correcting any _radequate or incorrect description of the Property hereby leased or intended so to be or for carrying out the expressed intention of this Lease. SECTION 38. Execution in Counterparts. This Lease may be executed in several counterparts, each of which shall be original and all of which shall constitute but one and the same instrument. SECTION 39. Time. Tirne is of the essence in this Lease and each and all of its provisions. SECTION 40. Lease Interpretation. This Lease and the rights of the parties hereunder shall be determined in accordance with the laws of the State of California. 12 IN WITNESS WHEREOF, the parties hereto have caused their authorized agents to execute this Lease on the dates specified below. MUNICIPAL FINANCE CORPORATION 23945 Calabasas Road, Suite 103 Calabasas, CA 91302 CITY OF NATIONAI, CITY 1243 National City Blvd. National City, CA 91950 By By Title Title Date Date MUNICIPAL FINANCE CORPORATION By Title Date 13 LEASE SCHEDULE #10-005 This Schedule is issued pursuant to the Lease with Option to Purchase dated as of March 16, 2010 by and between the undersigned. A. Property Location: See Property Description/Location List B. Property Description: See Property Description/Location List C. Name and Address of Supplier: Honeywell Building Solutions D. Lease Proceeds Summary: Property Cost Capitalized Interest: Lease Proceeds: $1,690,000.00 65,160.33 $1,755,160.33 E. Lease Term. The term of this Schedule is for a period commencing on the Lease Issuance Date and concluding fifteen (15) years thereafter. Upon closing, the Closing Date shall be inserted in the following blank ( ). F. Rental Payments. The Rental Payments for this Schedule are due in sixty (60) consecutive quarterly payments in accordance with the Payment Schedule herein. The first three Rental Payments are paid from capitalized interest. Each payment includes interest at the rate of 4.95% per annum on the unpaid principal balance based upon an initial principal equal to the Lease Proceeds shown in Section D. G. Payment Schedule: Payable quarterly in arrears #10-005 PMT Due Date (1) Rental Payment To Principal To Interest (2) Purchase Option 1 $21,720.11 $0.00 2 21,720.11 0.00 3 21,720.11 0.00 4 43,101.10 21,380.99 5 4.3,101.10 21,645.58 6 43,101.10 21,913.44 7 43,101.10 22,184.62 8 43,101.10 22,459.16 9 43,101.10 22,737.09 10 43,101.10 23,018.46 11 43,101.10 23,303.32 12 43,101.10 23,591.69 13 43,101.10 23,883.64 14 43,101.10 24,179.20 15 43,101.10 24,478.42 16 43,101.10 24,781.34 17 43,101.10 25,088.01 18 43,101.10 25,398.47 19 43,101.10 25,712.78 20 43,101.10 26,030.97 21 43,101.10 26,353.11 22 43,101.10 26,679.23 23 43,101.10 27,009.38 24 43,101.10 27,343.62 25 43,101.10 27,682.00 26 43,101.10 28,024.57 27 43,101.10 28,371.37 28 43,101.10 28,722.47 29 43,101.10 29,077.91 30 43,101.10 29,437.75 31 43,101.10 29,802.04 32 43,101.10 30,170.84 33 43,101.10 30,544.20 34 43,101.10 30,922.19 35 43,101.10 31,304.85 36 43,101.10 31,692.25 37 43,101.10 32,084.44 38 43,101.10 32,481.48 39 43,101.10 32,883.44 40 43,101.10 33,290.37 41 43,101.10 33,702.34 42 43,101.10 34,119.41 21,720.11 21,720.11 21,720.11 21,720.11 21,455.52 21,187.66 20,916.48 20,641.94 20,364.01 23,082.64 19,797.78 19,509.41 19,217.46 18,921.90 18,622.68 18,319.76 18,013.09 17,702.63 17,388.32 17,070.13 16,747.99 16,421.87 16,091.72 15,757.48 15,419.10 15,076.53 14,729.73 14,378.63 14,023.19 13,663.35 13,299.06 12,930.26 12,556.90 12,178.91 11,796.25 11,408.85 11,016.66 10,619.62 10,217.66 9,810.73 9,398.76 8,981.69 1,732,475.83 1,709,736.59 1,686,715.95 1,663,410.44 1,639,816.51 1,615,930.61 1,591,749.13 1,567,268.40 1,542,484.72 1,517,394.34 1, 491, 993. 46 1,466,278.25 1,440,244.82 1,413,889.22 1,387,207.48 1,360,195.54 1,332,849.33 1,305,164.72 1,277,137.51 1,248,763.46 1,220,038.27 1,190,957.62 1,161,517.09 1,131,712.23 1,101,538.53 1,070,991.44 1,040,066.33 1,008,758.53 977,063.28 944,975.81 912,491.25 879,604.70 846,311.19 812,605.66 778,483.03 743,938.13 708,965.74 43 43,101.10 34,541.64 8,559.46 673,560.56 44 43,101.10 34,969.09 8,132.01 637,717.24 45 43,101.10 35,401.83 7,699.27 601,430.36 46 43,101.10 35,839.93 7,261.17 564,694.44 47 43,101.10 36,283.45 6,817.65 527,503.90 48 43,101.10 36,732.46 6,368.64 489,853.13 49 43,101.10 37,187.02 5,914.08 451,736.43 50 43,101.10 37,647.21 5,453.89 413,148.04 51 43,101.10 38,113.09 4,988.01 374,082.12 52 43,101.10 38,584.74 4,516.36 334,532.77 53 43,101.10 39,062.23 4,038.87 294,493.98 54 43,101.10 39,545.62 3,555.48 253,959.72 55 43,101.10 40,035.00 3,066.10 212,923.84 56 43,101.10 40,530.43 2,570.67 171,380.15 57 43,101.10 41,032.00 2,069.10 129,322.35 58 43,101.10 41,539.77 1,561.33 86,744.09 59 43,101.10 42,053.82 1,047.28 43,638.92 60 43,101.10 42,574.56 526.84 0.00 TOTALS: $2,521,923.03 $1,755,160.33 $766,763.00 Refer to the paragraph in the Lease entitled "Release of Liens" Refer to the paragraph in the Lease entitled "Purchase Option and "Release of Liens." Purchase options are in addition to the rental payment due on the same day. Approved and agreed to: MUNICIPAL FINANCE CORPORATION CITY OF NATIONAL CITY (lessor) (lessee) By: By: Title: Title: Date: Date: MUNICIPAL FINANCE CORPORATION By: Title: Date: 2 Lease with Option to Purchase #10-005 dated March 16, 2010 PROPERTY DESCRIPTION/LOCATION/SUPPLIER LIST This document defines the general scope ofthe design, supply and installation ofthe Energy Retrofit Project to be located at the City of National City, National City, CA. A. GENERAL SCOPE OF WORK 1. Supply the Mechanical Scope of Work described in Section B of this document. 2. Supply the Controls Scope of Work described in Section C of this document 3. Supply the Lighting Scope of Work described in Section D of this document. 4. Supply the Solar Thermal Scope of Work described in Section E of this document. 5. Supply the Street Lighting Scope of Work described in Section F of this document. 6. Obtain necessary permits and provide inspection coordination. 7. Issue Record Drawings and O&M Manuals 8. Provide training in the operation and maintenance of the scope of work. 9. Complete all Commissioning activities prior to Customer Acceptance. B. MECHANICAL SCOPE OF WORK: ECM 2.2, 3.0, 3.1, 5.0, 6.0 and 6.1 This document defines the general scope ofthe supply and installation ofthe mechanical equipment at the Public Works Building, Civic Center, Police Station and MLK Community Center in National City, CA. The objective of this project is to provide National City with an Energy Savings Performance Contract to upgrade and improve the building's reliability and decrease energy consumption. ECM 2.2: New Cooling Tower with Variable Speed Fans Civic Center ECM 3.0: Boiler Replacement - Civic Center ECM 3.1: Boiler Replacement - Police Station ECM 5.0: Install VFD to replace VIV - Police Station ECM 6.0: Rooftop Package Unit Replacement - Public Works, Police Station and MLK Community Center ECM 2.2: Cooling Tower with Variable Speed Fans — Civic Center Replace existing Baltimore Air Coil cooling tower • Isolate cooling tower water supply and return lines, Dismantle and remove existing cooling tower, fan motors and all related accessories • Furnish and Install new cooling tower on existing pad. Refer to table 2.2.1 for design specifications and model number. • Connect supply and return lines to new cooling tower inlet and outlets and eliminate all obstructions to provide proper air flow through new cooling tower • Install temperature sensor on tower outlet water and test and balance system to maintain a maximum outlet water temperature of 85 degrees • Include system start-up and commissioning and training as required Table 2.2.1 ExistingEquipment Proposed Equipment Baltimore Baltimore Air Make: Make: Air coil coil Acdel: VTO-88 L,R Model: PT2-0412A-1G1 USGPM: 330 USGPM: 330 WB: 74°F WB: 74°F EWT: 95°F EWT: 95°e LWT: 85°F LWT: 85°F # of Fans: 1 # cf Fans: .. HP: 15 i3P: 3 RPM: 1800 R_`9: _200 Voltage: 208 Vo1_age: 208 Amps: 41 Amps:_0.6 Efficiency: 90 Efficiency: 89.5 ECM 3.0: Boiler Replacement - Civic Center Replace existing boilers with high efficiency condensing boilers • Dismantle and remove (2) existing boilers and install (2) new condensing boilers and tie into existing exhaust system. • Provide and install (2) DeDietrich Model # ECO 230 condensing boilers with design specifications in Table 3.0.1 and will meet code requirements for condensate drainage. Units are compatible with Honeywell controls system using the LON protocol. • Proposed boilers are prepackaged with controls to reset supply water temperature based on outdoor air temperature. • Include system start-up and commissioning and training as required. 2 Table 3.0.1 Boiler Details (Civic Center) Existing Equipment Proposed Equipment Make Ajax De Dietrich Martel WOBE85e ECU 230 Quantity - 2 Total Boiler Etch (input) H50,000 714,600 Total Boiler Btuh (cutout) C80 002 858,600 ECM 3.1: Boiler Replacement - Police Station Replace existing boilers with high efficiency condensing boilers • Dismantle and remove (1) existing boiler and install (1) new boiler and tie into existing exhaust system. • Provide and install (1) new Raytherm boiler H-624. Unit will be compatible with Honeywell controls system using the LON protocol. • Install a storage tank to provide minimum GPM for Lhe new boiler • Boiler will have controls that reset supply temperature based on outdoor air temperature. • Include system start-up and commissioning and training as required. ECM 5.0 Install VFD to Replace VIV — Police Station Install VFD's on the two RTU supply fans (RTU-I and RTU-2) in the police station. The existing fans are forward curved with Variable Inlet Vanes (VIV) that are not operating. Table 5.0.1 provides the details of the existing equipment. Table 5.0.1 Existing Equipment Unit Name RTU1 2nd FL Supply Fan RTU2 1st FL Supply Fan Make: Model #: Unit Voltage: HP: Amps: 30'1: 'rF: Efficiency: Measured Amps: Magnetek Century Ephs 3 -6- 36602-01 46C 10 12.5 17,15 80 91.7 10.9 ylagneLek Century Et 3 460 30 37 1760 82.8 93.6 30.6 3 • Disengage inlet vanes on supply fans for RTU-land RTU-2 • Provide and install VFD's with built-in disconnects for the RTU-1 and RTU-2 supply fans with design specifications as specified below. Building Unit Name/# Unit Voltage HP VFD Model Number Police Department RTU1 2nd FL Supply Fan 460 10 Honeywell NXSO100A1003 Police Department RTU2 1st FL Supply Fan 463 30 Honeywell NSX0300A1001 • Units will be compatible with Honeywell controls system using the LON protocol. • VFD's are specified with NEMA rated enclosures suitable for outdoor installations • Install new static pressure sensors in RTU-1 and RTU-2 supply duct work for VFD control • Test and balance system and ensure proper air side balancing at the RTU and VAV zone level • Include system start-up and commissioning. ECM 6.0: Roof Top Package Unit Replacement - Civic Center, Police Station and MLK Community Center Replace the roof top package units in the MLK Community Center, Police Station, and Public Works. Replace two heat pumps in MLK Community Center - one 5 ton and one 7.5 ton. Replace two heat pumps in Police Station - one 4 ton and one 7.5 ton unit. Replace three DX/Gas units in Public Works -- two 3 ton and one 7.5 ton units. Table 6.1.1 and Table 6.1.2 outline the details of the existing and proposed rooftop heat pumps at MLK Community Center (140 E. 12th Street, National City, California). Table 6.2.1 and 6.2.2 outline the details of the existing and proposed rooftop heat pumps at the police station. 4 Table 6.3.1 and 6.3.2 outline the details of the existing and proposed rooftop DX/Gas units for the Public Works Building (2100 Hoover Ave, National City, California). Table 6.1.1. Existing Equipment (MLK Community Center) _. Equipment 41 Equipment #2 Make Carrier Carrier Model No. 5LJ6008511 5LJQ0065 Tannage 7.5 5 Service Area Open cubicle Hallway Temp Set P01n s 73 72 Heating Capacity (Btu(hr) 96,004 62,000 CCP 3.0 3.2 Input kW 9.4 5.7 Cooling Capacity (Btu/hrj 92,000 59,000 EER (Btu/(W'hr); 9.1 9.3 Input kW 10.1 6.4 Table 6.1.2- oposed Equipment (MU Co Equipment #1 • unity Center) Make Carrier Equipment #2 Carrier Mode. No. 50TCQD08 50TCQA06 Tonnage 7.5 oatsng Capacity 86000 58000 COP 3.3 3.3 Input kW 7.6 5. Codling Capacity (Btu/hr) 88000 61500 EER (Btu/ (Wkhr)) 11.2 Input kW 7.9 5.5 Existing Equipm t (Police ation) Equipment #1 Equipment 42 Make Trane Trane Model Nc. WDC090C400AA WCC048F400AB Tonnage Service Area 7.5 Computer Room 4 Dispatch Temp Set Points 70 72 Heating Capacity (Btu/hr) 86,000 48,300 COP 3.0 3.1 Input kW 9.4 4.5 1 5 Capacity (Btu/hr) 87,000 48,000 HER (B cu/(W*hr)) 8.9 9.5 Input kW 9.8 5.1 T rane WSC090A440 Equipment #2 Trane WSC048E4ER0 4 44,400 3.2 7.2 Capacity (Btu/hr) 87,000 1C.1 8.6 46,800 11.1 4.4 Table 6.3. i� I� Exiatini Equipment (Public Works) Equipment 41 Equipment $2 3aulpment #3* Make BDP BOP Model No. .588A2W036080ACEF 588APW036080ACBF No Name Plate Tonnage 3 3 7.5 Service Area Hall Front Desk Conference Room Temp Set Points Heating ,:; !I. Input (Btuh) 80,000 80,000 80,000 Output Capacity (Btuh) 84,800 64,800 64,800 Efficiency 81% 81% 810 Cooling Capacity (Btu/hr) 36,000 36,000 57,800 EER (Btu/(W'hr)) 8.75 8.75 8.57 Input kW 4.1 4.1 6.7 • Equipment 43 does not have a name plate. Tonnage, cooling capacity and cooling efficiency was calculated using logger data. KW/ton is assumed to he 1.4. Seating efficiency is based on a 5 ton version oL equiomen1 8] 6 h2. 6.3. Proposed Equipment (Pu171ic Works) Equipment 8] 8ocipment 42 Equi. pment 83 Make Carrier Carrier Carrier Model No. 48TC DA04A1A5 48 T C DA04A1A5 48TCDA06A1A5 6 Tonnage 3 3 5 Heatleg Input (Btuh) 72,000 72,000 72,000 Output Cap,ac Ly, (Btuk.) 59,000 59,000 59,000 Efficiency 82% 82% 62% Cooling: Capacity (Btu/f_r) 34,600 34,600 59,000 FFR (RLu/(W*hr)) 11.0 11.0 13.8 input kW 3.i 3.1 5.5 • Dismantle and remove existing HVAC units. Refer to Tables 6.1.1, 6.2.1 and 6.3.1 for the list of existing units to be replaced • Prepare curb to accept new units in all the three buildings and Install new units. Refer to Tables 6.1.2, 6.2.2 and 6.3.2 for the list of proposed new units for design specifications • Replace existing ductwork, conduit, condensate and gas piping for public works building • Include system start-up and commissioning and training as required. C. CONTROLS SCOPE OF WORK: ECM 6.1 and 8.1 ECM 8.1: Furnish and Install new DDC control points and integrate those points into the Honeywell EBI system for the following. Civic Center • (1) Cooling Tower - add command, CW supply temp, CW return temp, fan status and alarm points to the control system • (2) Boilers - add command supply, temperature reset HW, supply temp HW, by pass valve and return temp points to the control system • (2) Cooling tower CHW pumps, (2) condenser water pumps and (2) HW pumps - add command and status points to the control system. • Chillers - add supply temperature reset CHW, supply temperature CHW return, temperature isolation valve, command isolation valve, feed back outside sir and temperature points to the control system 7 Police Station • (2) Package Rooftop Units with VFD - add supply air temp, return air temp, supply air. reset, VFD command, VFD speed, VFD feedback, VFD alarm, duct DPT and filter status points to the control system • (2) Package Rooftop Heat Pump Units - add supply air temperature, supply air reset, zone sensor, and filter status to the control system • (1) Boiler - add command supply, temperature reset HW, supply temp HW, by pass valve and return temp points to the control system • (1)Boiler Pump - add command and status points to the control system • Provide new Operator workstation computer hardware and Internet interface with three (3) concurrent user licenses • Provide and install conduit, wiring and terminations • Product Data Submittal Package • Operation & Maintenance Manuals • As -Built Drawings • Programming (software and graphics) • Honeywell standard test and checkout • Standard Honeywell Commissioning program • roject Graphics • On -site Training Total 4 hours • DDC system • One-year warranty on Honeywell supplied parts and Honeywell labor ECM 6.1: Public Works and MLK Community Center • The rooftop packaged units at the MLK Community Center and public works runs during Monday through Friday, from 6:00 am until 6:00 pm. However, the building is unoccupied during Fridays. This ECM proposes to adjust the equipment schedule such that all the units turn off 8 during Fridays. This would reduce the run hours and generate kWh savings without added cost to National City. D. LIGHTING SCOPE OF WORK: ECM 1.0 This document defines the general scope of the supply and installation of the lighting equipment at the City of National City, National City, California. The objective of this project is to provide the National City with an Energy Performance Contract to upgrade and improve the lighting quality and to decrease energy consumption. The objective of this measure is to retrofit fluorescent, incandescent, and other lighting fixtures in buildings owned by National City with new lamp and ballast combinations as appropriate. In some cases, fixtures may be replaced entirely. In other cases, lighting controls, including occupancy sensors and photocells, may be .installed to switch lighting fixtures off when not needed This measure will result in decreased electric energy consumption and demand and enhanced lighting quality. Casa De Salud Retrofit Senior Center Retrofit Civic Center Retrofit Fire Station #15 Retrofit Camacho Gym Retrofit Municipal Pool Retrofit ECM 1.0 Lighting Fixture & Control ECM 1.0 Lighting Fixture & Control ECM 1.0 Lighting Fixture & Control ECM 1.0 Lighting Fixture & Control ECM 1.0 Lighting Fixture & Control ECM 1.0 Lighting Fixture & Control MLK Community Center ECM 1.0 Lighting Fixture & Control Retrofit Police Station Retrofit Public Works Retrofit El Toyon ECM 1.0 Lighting Fixture & Control ECM 1.0 Lighting Fixture & Control ECM 1.0 Lighting Fixture & Control Retrofit 9 Kimball Rec Center Kimball Exterior Retrofit ALL LOCATIONS ECM 1.0 Lighting Fixture & Control Retrofit ECM 1.0 Lighting Fixture & Control • Refer to Exhibit A-1 - National City Lighting for recommended lighting fixture retrofits, replacements, application of occupancy sensors and photocells. Note that buildings included in this project are as follow: o Casa De Salud o Senior Center o Civic Center CA o Fire Station 415 o Camacho Gym o Municipal Pool o MLK Community Center o Police Station CA o Public Works o El Toyon o Kimball Rec Center o Kimball Exterior City, CA for selected buildings and the 1408 E. Harding Ave, National City, CA 1221 D Avenue, National City, CA 1243 National City Blvd, National City, 2333 E Euclid Ave, National City, CA 1810 E 22nd Street, National City, CA 1800 E 22nd Street, National City, CA 140 E 12th Street, National City, CA 1200 National City Blvd, National City, 2100 Hoover Ave, National City, CA 2005 E 4th Street, National City, CA 148 E 12th Street, National City, CA E 14th Street WD Avenue D, National • Take light level readings for representative fixtures prior to initiating retrofit. • Remove lamps and ballasts from fixtures to be retrofitted. • In compliance with federal regulations Honeywell will recycle lamps and PCB laden ballasts. A manifest will be provided to customer at the end of the job stating the number of lamps all the and ballasts that were recycled. Any PCB ballasts removed as part of this project will be incinerated in an approved manner by Honeywell or its subcontractors. Honeywell will provide: drums, pickup, transportation, waste reduction/recycling and proper disposal of all PCB containing ballasts and the disposal of lamps. Lamp ballasts must be packed in DOT 17C or 17H shipping containers. The container tops of all loaded drums shall be secured to the drums. Material classification B.90 labels and designated drum number labels to be applied to all containers prior to pickup. Item(s) containing PCB's shall be incinerated by a U.S. EPA permitted facility in strict accordance with EPA regulations set forth in 40 CFR 761.60. Title to 10 all waste shall pass from Customer to Honeywell once Honeywell or its subcontractor takes possession of the waste. • Demolish any fixtures to be replaced entirely. • Provide and install new lamps, ballasts, fixtures, occupancy sensors, photocells, and other equipment as necessary to complete the retrofit. Lamps and ballasts must UL listed and labeled. • Lenses will be dry wiped on retrofitted fixtures to remove dust and debris at time of installation. • Provide number and locations of cracked or damaged lenses or damaged fixtures. • Provide final fixture retrofit and replacement count, occupancy sensor count, photocell count, and before and after light level readings for representative areas. • Installation labor and material in this project will be warranted as follows: o Labor: - 1 year o Fluorescent. lamps - 1 year (20,000 hours life expectancy) o Ballasts - 5 years (20 year life expectancy) • During the warranty period the Customer's staff shall replace all defective lamps and ballasts under warranty. An adequate supply of replacement lamps and ballasts shall be maintained at the Customer's site throughout the manufacturer's warranty period. The Customer shall work directly with the manufacturer on all warranty issues. E. SOLAR THERMAL SYSTEM INSTALLATION: ECM 10.0 Install a ground -mounted active loop solar thermal system at the Municipal Pool (located at 1800E 22"d Street, National City, CA). • Provide and install 126 Heliocol (model no: HC-40. size: 4' x 10.5') solar collectors at a 4°optimum tilt on the ground mount structure next to the pool parking lot. • Provide and install one (1) new 7.5 HP booster pump to circulate water from the pool to solar thermal collectors • Provide and install solar system controls, sensors, system charging and purging valves, and all required appurtenances. • Install electrical circuit to booster pump and to solar controller. • Include system start-up and commissioning. Note: The new solar collectors will be installed on the existing ground structure and it has been assumed that the existing piping to the pool can he reused. 11 F. STRRET LIGHTING SCOPE OF WORK: ECM 11.0 This document defines the general scope of the supply and installation of the street lighting equipment at the City of National City, National City, California. The objective of this project is to retrofit/replace existing high pressure sodium (HPS), low pressure sodium (LPS), and metal halides (MH) street lighting fixtures throughout the National City with induction lighting. This measure will result in decreased electric consumption and enhanced lighting quality. • Refer to Exhibit A-2 - National City Street Lighting for selected fixtures recommended for street lighting fixture retrofits/replacements • A detailed audit will be performed, listing fixtures pole by pole and make amendments to exhibit A-2 as necessary. • Take light level readings for representative fixtures prior to initiating retrofit. • Prepare Traffic Control Plans according CA MUTCD standards, as required. • Remove lamps and ballasts from fixtures to be retrofitted. • In compliance with federal regulations Honeywell will recycle all lamps and PCB laden ballasts. A manifest will be provided to the customer at the end of the job stating the number of lamps and ballasts that were recycled. Any PCB ballasts removed as part of this project will be incinerated in an approved manner by Honeywell or its subcontractors. Honeywell will provide: drums, pickup, transportation, waste reduction/recycling and proper disposal of all PCB containing ballasts and the disposal of lamps. Lamp ballasts must be packed in DOT 17C or 17H shipping containers. The container tops of all loaded drums shall be secured to the drums. Material classification B.90 labels and designated drum number labels to be applied to all containers prior to pickup. Item(s) containing PCB's shall be incinerated by a U.S. EPA permitted facility in strict accordance with EPA regulations set forth in 40 CFR 761.60. Title to all waste shall pass from Customer to Honeywell once Honeywell or its subcontractor takes possession of the waste. • Demolish any fixtures to be replaced entirely. 12 • Provide and install new lamps, field generator, power coupler and other equipment as necessary to complete the retrofit/replacement. Lamps will be UL listed and labeled. • Lenses will be dry wiped on retrofitted fixtures to remove dust and debris at time of installation. • Provide before and after light level readings for representative areas. Light levels after the retrofit will be based on scotopic levels. • Provide a list which will identify what the existing lamp and ballast were and what induction retrofit system was installed for each pole. • Installation labor and material in this project will be warranted as follows: o Labor: 1 year o All components of induction lighting - 10 years • During the warranty period the Customer's staff shall replace all defective lamps and ballasts under warranty. An adequate supply of replacement lamps and ballasts shall he maintained at the Customer's site throughout the manufacturer's warranty period. The Customer shall work directly with the manufacturer on all warranty issues. PART 2 - GENERAL GENERAL CONDITIONS 1. The National City shall provide a staging area for equipment and construction trailers as needed before installation begins. 2. Honeywell is not responsible for bringing existing lighting/electrical systems up to code. 3. If Honeywell encounters any materials or substances classified as toxic or hazardous in performance of the Work associated with the systems, including asbestos, Honeywell will notify Customer and will stop work in that area until such area has been made safe by the Customer, or Customer's Representative, at Customer's expense. In the event such conditions cause a delay in Honeywell's performance, Honeywell shall be entitled to recovery of all costs associated with such delay, as well as an extension of time of performance. 13 4. Where demolition of certain areas of a building are required for removal and installation of equipment and that demolition is included in the scope of work defined herein, Honeywell will make every effort to replace such areas with similar materials as available. If such materials are not available, materials of similar quality will be supplied and installed. 5. Electrical: Should a problem with the existing wiring system occur, Honeywell will be limited to electrical wiring modifications (repairs) to three feet (36 inches) of the device or the nearest wall or coiling penetrating, whichever is smaller. 6. Piping: Should a problem with the existing piping system occur, Honeywell will be limited to piping modifications (repairs) to two feet (24 inches) of the device installed or the nearest wall or ceiling penetration, whichever is smaller. 7. Code Impact - A Design Review of the code requirements from federal, state and local jurisdictions for upgrading of existing facilities which may be required during work on associated equipment will be performed on the facilities as required by the scope. Any changes to these existing facilities determined by this review are the responsibility of the Customer. 8. The following areas are specifically excluded from this proposal. _erection of problems in these areas, if required by Federal, State or local law or ordinance, will be considered additional work and will be chargeable (with approval) to the Owner. a. Any work not specifically stated and outlined in this scope of work. Painting and patching of areas beyond those areas directly related to work. c Existing non -code conditions (examples: existing electrical wiring which requires correction or approval by appropriate inspectors, existing rnetrations in need of fire stopping, etc.). 14 ASSIGNMENT OF LEASE #10-005 FOR VALUE RECEIVED, MUNICIPAL FINANCE CORPORATION ("Corporation") as assignor without recourse does hereby sell, assign, and transfer to CITY NATIONAL BANK ("Assignee") as assignee and its successors and assigns (i) all of its right, title and interest in and to the attached Lease with Option to Purchase #10-005 dated March 16, 2010 between Corporation as lessor and CITY OF NATIONAL CITY ("Lessee") as Lessee (hereinafter said lease and any supplements, additions thereof and any extension or renewals thereof is as the "Lease") and (ii) all moneys, sums and amounts amendments, referred to now due or hereinafter to become due under the Lease. Corporation represents that the Lease and Lease Schedule(s) delivered to Assignee are the only duly executed duplicate originals and comprise the entire writing, obligation and agreement between Corporation and Lessee. Corporation further represents and warrants that it has made no prior sale or assignment of any interest covered hereby; that the Lease is Assignee for the genuine and in all respects is what it purports to be; that shall not be liable for and does not assume responsibility performance of any of the covenants, obligations specified in the Lease to be kept, paid Corporation with exception of Assignee's obligation agreements, or or to upon Lessee's default of the Lease and to convey title Property upon Lessee's exercise of its option to performed by issue notices to the leased purchase said Property in conformance with the terms of the Lease. Corporation further represents and warrants that as of the date this assignment is made, the Lease is in full force and effect, has not been amended except as set forth in instrument delivered to Assignee and Lessee is not in default of any terms thereunder. Corporation hereby constitutes and irrevocably appoints Assignee the true and lawful attorney of Corporation to demand, receive and endorse payments and to give receipts, releases and satisfactions either in the name of Assignee or in the name of Corporation in the same manner and with the same effect as Corporation could do if this Assignment of Tease had not. been made. Within fifteen (15) days after receiving its full bargain with respect to each Schedule covered hereby, Assignee shall cause to be released to Lessee its vested interest in the Property thereto. This Assignment of Lease shall be construed and governed in accordance with the laws of the State of California. Any provision of this Assignment of Lease found to be prohibited by law shall be ineffective only to the extent of such prohibition, and shall not invalidate the remainder of this Assignment of Lease. This Assignment shall be binding upon and inure to the benefit the parties and their respective successors and assigns and is made accordance with the Municipal Lease Placement Agreement dated as of in of January 1, 1999, as amended, entered into between Corporation and Assignee. In the case of litigation, the prevailing party shall be entitled to recover including attorneys' counsel, from the opposing party all costs and expenses, fees which may be the allocable cost incurred by the prevailing party in exercising rights or remedies hereunder or conditions, or provisions hereof. enforcing any of of in-house any of its the terms, IN WITNESS WHEREOF, Corporation has caused this Assignment of Lease to be executed by its duly authorized agent on the date specified below. MUNICIPAL FINANCE CORPORATION By Title Date MUNICIPAL FINANCE CORPORATION By Title Date ACKNOWLEDGEMENT OF ASSIGNMENT The undersigned hereby acknowledges the assignment by MUNICIPAL FINANCE CORPORATION over to CITY NATIONAL BANK of that certain Lease with Option to Purchase 410-005 dated as of March 16, 2010 (the "Lease"), entered into between MUNICIPAL FINANCE CORPORATION as lessor and the undersigned as lessee. With commencing moneys due respect to the Lease, the undersigned agrees to pay, with the first scheduled Rental Payment, all rentals and or to become due under said Lease to CITY NATIONAL BANK, 2100 Park Place, Suite 150, El Segundo, CA 90245, Attn: Loan Servicing 4354, and further agrees it shall have no against rentals due thereunder as to said further agrees that said Assignee shall obligations specifically Lease) be liable for any under said Lease. set forth in the of the obligations counterclaim or offset Assignee and expressly not (except for the foregoing or burdens Assignment of of the lessor IN WITNESS WHEREOF, the lessee has caused this Acknowledgment of Assignment to be executed by its authorized agent on the date specified below. CITY OF NATIONAL CITY By Title Date 2 ACQUISITION FUND AGREEMENT This Acquisition Fund Agreement (this "Agreement"), dated as of March 16, 2010, is among Municipal Finance Corporation, a California corporation (the "Corporation"), City of National City, a political subdivision of the State of California (the "City") and Deutsche Bank National Trust Company, a national trust company (the "Custodian"). Reference is made to that certain Lease Agreement dated as of March 16, 2010 between Corporation and City (the "Lease"), covering the financing of a certain property described therein (the "Property"). It is a requirement of the Lease that the funds for the Acquisition of the Property be deposited with the Custodian hereunder for the purpose of providing a mechanism for the application of such amounts to the payment of Property costs. Capitalized terms used in this Agreement and not otherwise defined shall have the respective meanings given such terms in the Lease. The parties agree as follows: 1. Creation of Acquisition Fund. (a) There is hereby created a special trust fund to be known as the "City of National City Acquisition Fund" (the "Acquisition Fund") to be held in trust by the Custodian for the purposes stated herein, for the benefit of Corporation and City, to be held, disbursed and returned in accordance with the terms hereof. On the Closing Date, the City has caused the amount of $1,755,160.33 to be transferred to the Custodian for deposit into the Acquisition Fund. (b) The Custodian shall invest and reinvest moneys on deposit in the Acquisition Fund in Qualified Investments in accordance with written instructions received from City. City shall be solely responsible for ascertaining that all proposed investments and reinvestments are Qualified Investments and that they comply with federal, state and local laws, regulations and ordinances governing investment of such funds and for providing appropriate notice to the Custodian for the reinvestment of any maturing investment. Accordingly, neither the Custodian nor Corporation shall be responsible for any liability, cost, expense, loss or claim of any kind, directly or indirectly arising out of or related to the investment or reinvestment of all or any portion of the moneys on deposit in the Acquisition Fund, and City agrees to and does hereby release the Custodian and Corporation from any such liability, cost, expenses, loss or claim. Interest on the Acquisition Fund shall become part of the Acquisition Fund, and gains and losses on the investment of the moneys on deposit in the Acquisition Fund shall be borne by the Acquisition Fund. For purposes of this agreement, "Qualified Investments" means any investments which meet the requirements of Section 53601 of the California Government Code. IN THE ABSENCE OF WRITTEN INSTRUCTIONS, THE CUSTODIAN IS HEREBY AUTHORIZED AND DIRECTED TO INVEST AND RE -INVEST ALL FUNDS ON HAND IN THE GOLDMAN SACHS FINANCIAL SQUARE (FSQ) MONEY MARKET FUNDS, GOVERNMENT FUND #466 (AAAm/ Aaa). (c) Unless the Acquisition Fund is earlier terminated in accordance with the provisions of paragraph (d) below, amounts in the Acquisition Fund shall he disbursed by the Custodian in payment of amounts described in Section 2 hereof upon receipt of written authorization(s) from Corporation, as is more fully described in Section 2 hereof. If the amounts in the Acquisition Fund are insufficient to pay such amounts, City shall be solely responsible for the balance of the funds needed to complete the Acquisition of the Property. Any moneys remaining in the Acquisition Fund after March 2, 2011 (the "Acquisition Period") shall be applied as provided in Section 4 hereof. (d) The Acquisition Fund shall be terminated at the earliest of (i) the final distribution of amounts in the Acquisition Fund or (ii) written notice given by Corporation of the occurrence of a default or termination of the Lease. (e) The Custodian may act in reliance upon any writing or instrument or signature which it, in good faith, believes to be genuine and may assume the validity and accuracy of any statement or assertion contained in such a writing or instrument. The Custodian shall not be liable in any manner for the sufficiency or correctness as to form, manner of execution, or validity of any instrument nor as to the identity, authority, or right of any person executing the same; and its duties hereunder shall be limited to the receipt of such moneys, instruments or other documents received by it as the Custodian, and for the disposition of the same in accordance herewith. (f) Unless the Custodian is guilty of gross negligence or willful misconduct with regard to its duties hereunder, City agrees to and does hereby release and indemnify the Custodian and hold it harmless from any and all claims, liabilities, losses, actions, suits or proceedings at law or in equity, or any other expense, fees or charges of any character or nature, which it may incur or with which it may be threatened by reason of its acting as Custodian under this agreement; and in connection therewith, does to the extent permitted by law indemnify the Custodian against any and all expenses; including reasonable attorneys' fees and the cost of defending any action, suit or proceeding or resisting any claim. (g) If City and Corporation shall be in disagreement about the interpretation of the Lease, or about the rights and obligations, or the propriety of any action contemplated by the Custodian hereunder, the Custodian may, but shall not be required to, file an appropriate civil action to resolve the disagreement. The 2 Custodian shall be reimbursed by City for all costs, including reasonable attorneys' fees, in connection with such civil action, and shall be fully protected in suspending all or part of its activities under the Lease until a final judgment in such action is received. (h) The Custodian may consult with counsel of its own choice and shall have full and complete authorization and protection with the opinion of such counsel. The Custodian shall otherwise not be liable for any mistakes of fact or errors of judgment, or for any acts or omissions of any kind unless caused by its willful misconduct. (i) City shall reimburse the Custodian for all reasonable costs and expenses, including those of the Custodian's attorneys, agents and employees incurred for extraordinary administration of the Acquisition Fund and the performance of the Custodian's powers and duties hereunder in connection with any Event of Default under the Lease, or in connection with any dispute between Corporation and City concerning the Acquisition Fund. 2. Acquisition of Property. (a) Acquisition Contracts. City will arrange for, supervise and provide for, or cause to be supervised and provided for, the Acquisition of the Property, with moneys available in the Acquisition Fund. City represents the estimated costs of the Property are within the funds estimated to be available therefor, and Corporation makes no warranty or representation with respect thereto. Corporation shall have no liability under any of the acquisition or construction contracts. City shall obtain all necessary permits and approvals, if any, for the acquisition, construction, equipping and installation of the Property, and the operation and maintenance thereof. (b) Authorized Acquisition Fund Disbursements. Disbursements from the Acquisition Fund shall be made for the purpose of paying (including the reimbursement to City for advances from its own funds to accomplish the purposes hereinafter described) the cost of acquiring and constructing the Property. (c) Requisition Procedure. No disbursement from the Acquisition Fund shall be made unless and until Corporation has approved such requisition. Prior to disbursement from the Acquisition Fund there shall be filed with the Custodian a requisition for such payment in the form of Disbursement Request attached hereto as Schedule 1, stating each amount to be paid and the name of the person, firm or corporation to whom payment thereof is due. Each such requisition shall be signed by an authorized representative of City (an `Authorized Representative") and by Corporation. City shall provide to Corporation a Certificate of Completion along with the final Disbursement Request. 3 3. Deposit to Acquisition Fund. Upon satisfaction of the conditions specified in the Lease, Corporation will cause the Lease Proceeds to be deposited in the Acquisition Fund. City agrees to pay any costs with respect to the Property in excess of amounts available therefor in the Acquisition Fund. 4. Excessive Moneys in the Acquisition Fund. Following the final disbursement from the Acquisition Fund at the end of the Acquisition Period, or termination of the Acquisition Fund as otherwise provided herein, the Custodian shall transfer any remainder from the Acquisition Fund to Corporation (or to City at Corporation's written direction) for application to amounts owed under the Lease in accordance with Section 6 of the Lease. 5. Security Interest. The Custodian and City acknowledge and agree that the Acquisition Fund and all proceeds thereof are being held by Custodian for disbursement or return as set forth herein. City hereby grants to Corporation a first priority perfected security interest in the Acquisition Fund, and all proceeds thereof, and all investments made with any amounts in the Acquisition Fund. If the Acquisition Fund, or any part thereof, is converted to investments as set forth in this agreement, such investments shall be made in the name of Custodian and the Custodian hereby agrees to hold such investments as bailee for Corporation so that Corporation is deemed to have possession of such investments for the purpose of perfecting its security interest. 6. Control of Acquisition Fund. In order to perfect Corporation's security interest by means of control in (i) the Acquisition Fund established hereunder, (ii) all securities entitlements, investment property and other financial assets now or hereafter credited to the Acquisition Fund, (iii) all of City's rights in respect of the Acquisition Fund, such securities entitlements, investment property and other financial assets, and (iv) all products, proceeds and revenues of and from any of the foregoing personal property (collectively, the "Collateral"), Corporation, City and Custodian further agree as follows: (a) A11 terms used in this Section 6 which are defined in the Commercial Code of the State of California (the "Commercial Code") but are not otherwise defined herein shall have the meanings assigned to such terms in the Commercial Code, as in effect on the date of this Agreement. (b) Custodian will comply with all entitlement orders originated by Corporation with respect to the Collateral, or any portion of the Collateral, without further consent by City. (c) Custodian hereby represents and warrants (a) that the records of Custodian show that City is the sole owner of the Collateral, (b) that Custodian has not been served with any notice of 4 levy or received any notice of any security interest in or other claim to the Collateral, or any portion of the Collateral, other than Corporation's claim pursuant to this Agreement, and (c) that Custodian is not presently obligated to accept any entitlement order from any person with respect to the Collateral, except for entitlement orders that Custodian is obligated to accept from Corporation under Lhis Agreement and entitlement orders that Custodian, subject to the provisions of paragraph (e) below, is obligated to accept From City. (d) Without the prior written consent of Corporation, Custodian will not enter into any agreement by which Custodian agrees to comply with any entitlement order of any person other than Corporation or, subject to the provisions of paragraph (e) below, City, with respect to any portion or all of the Collateral. Custodian shall promptly notify Corporation it any person requests Custodian to enter into any such agreement or otherwise asserts or seeks to assert a lien, encumbrance or adverse claim against any portion or all of the Collateral. (e) Except as otherwise provided in this paragraph (e) and subject to Section 1(b) hereof, Custodian may allow City to effect sales, trades, transfers and exchanges of Collateral within the Acquisition Fund, but will not, without the prior written consent of Corporation, allow City to withdraw any Collateral from the Acquisition Fund. Custodian acknowledges that Corporation reserves the right, by delivery of written notice to Custodian, to prohibit City from effecting any withdrawals (including withdrawals of ordinary cash dividends and interest income), sales, trades, transfers or exchanges of any Collateral held in the Acquisition Fund. Further, Custodian hereby agrees to comply with any and all written instructions delivered by Corporation to Custodian (once it has had a reasonable opportunity to comply therewith) and has no obligation to, and will not, investigate the reason for any action taken by Corporation, the amount of any obligations of City to Corporation, the validity of any of Corporation's claims against or agreements with City, the existence of any defaults under such agreements, or any other matter. (f) City hereby irrevocably authorizes Custodian to comply with all instructions and entitlement orders delivered by Corporation to Custodian. (g) Custodian will not attempt to assert control, and does not claim and will not accept any security or other interest in, any part of the Collateral, and Custodian will not exercise, enforce or attempt to enforce any right of setoff against the Collateral, or otherwise charge or deduct from the Collateral any amount whatsoever.' 5 (h) Custodian and City hereby agree that any property held in the Acquisition Fund shall be treated as a financial asset under such section of the Commercial Code as corresponds with Section 8-102 of the Uniform Commercial Code, notwithstanding any contrary provision of any other agreement to which Custodian may be a party. (i) Custodian is hereby authorized and instructed, and hereby agrees, to send to Corporation at its address set forth in Section 7 below, concurrently with the sending thereof to City, duplicate copies of any and all monthly Acquisition Fund statements or reports issued or sent to City with respect to the Acquisition Fund. 7. Miscellaneous. This Agreement may not be amended except in writing signed by all parties hereto. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original original instrument and each shall have the force and effect of an and all of which together constitute, one and the same instrument. made in writing and shall be deemed to personally delivered or when deposited constitute, and shall be deemed to Notices hereunder shall be have been duly given when in the mail, first class postage prepaid, or delivered to an express carrier, charges prepaid, or sent by facsimile with electronic confirmation, addressed to each party at its address below: If to Corporation: If to City: If to Custodian: Municipal Finance Corporation 23945 Calabasas Road, Suite 103 Calabasas, CA 91302 Attn: William Morton Phone: 818-224-4787 Fax: 818-224-4789 City of National City 1243 National City Blvd. National City, CA 91950 Attn: Finance Director Phone: Fax: Deutsche Bank National Trust Company 101 California Street, 46t1' Floor San Francisco, CA 94111 Attn: Raafat Albert Sarkis Phone: 415-617-2801 Fax: 415-617-4270 6 In Witness Whereof, the parties have executed this Acquisition Fund Agreement as of the date first above written. Municipal Finance Corporation City of National City By: Title: Municipal Finance Corporation By: Title: By: Title: Deutsche Bank National Trust Company By: Title: Deutsche Bank National Trust Company By: Title: SCHEDULE 1 FORM OF DISBURSEMENT REQUEST Re: Lease Agreement dated as of March 16, 2010 by and between Municipal Finance Corporation and City of National City (the "Lease") In accordance with the terms of the Acquisition Fund Agreement, dated as of March 16, 2010 (the "Acquisition Fund Agreement") by and among Municipal Finance Corporation ("Corporation"), City of National City ("City") and Deutsche Bank National Trust Company (the "Custodian"), the undersigned hereby requests the Custodian pay the following persons the following amounts from the Acquisition Fund created under the Acquisition Fund Agreement (the "Acquisition Fund") for the following purposes. Payee's Name and Address Invoice Number Dollar Amount Purpose The undersigned hereby certifies as follows: (i) An obligation in the stated amount has been incurred by City, and the same is a proper charge against the Acquisition Fund for costs relating to the Property identified in the Lease, and has not been paid. Attached hereto is the original invoice with respect to such obligation. (ii) The undersigned, as Authorized Representative, has no notice of any vendor's, mechanic's or other liens or rights Lo liens, chattel mortgages, conditional sales contracts or security interest which should be satisfied or discharged before such payment is made. (iii) This requisition contains no item representing payment on account, or any retained percentages which City is, at the date hereof, entitled to retain. (iv) The Property is insured in accordance with the Lease. (v) No Event of Default, and no event which with notice or lapse of time, or both, would become an Event of Default, under the Lease has occurred and is continuing at the date hereof. 8 (vil The disbursement shall occur during the Acquisition Period set forth in this Agreement. (vii) No material adverse change in City's or any guarantor's financial condition shall have occurred since the date of the Lease. Dated: CITY OF NATIONAL CITY By: Authorized Representative Disbursement of funds from the Property Fund in accordance with the foregoing Disbursement Request hereby is authorized MUNICIPAL FINANCE CORPORATION By: Title: President 9 ARBITRAGE AND TAX CERTIFICATE #10-005 The undersigned hereby certifies that he/she is a duly appointed authorized agent, of the CITY OF NATIONAL CITY (the "Lessee"), for the purpose of executing and delivering, on behalf of the Lessee, the Lease with Option to Purchase dated March 16, 2010 (the "Lease"), by and between MUNICIPAL FINANCE CORPORATION (the "Corporation") as lessor and the Lessee as lessee. This Certificate is being issued pursuant to Section 148 of the Internal Revenue Code of 1986 (the "Code"), and Treasury Regula-ions, Sections 1.148-1 through 1.148-11 promulgated thereunder (the "Regulations"). The following facts, estimates and circumstances are either in existence on the date of this Arbitrage and Tax Certificate or are reasonably expected to occur hereafter. 1. Under the Lease, the Corporation is required to acquire the property described in the schedule attached to the Lease (the "Property"), and to lease and sell the Property to the Lessee; and the Lessee is required to lease and purchase the Property frcm Corporation by making Rental Payments with respect thereto, comprising principal and interest, on the dates and in the amounts set forth in the Lease. 2. On the date of Lease issuance, the Lessee will receive not less than $1,755,160.33 from the Corporation. Such moneys will be deposited with the Lessee and used, together with interest earnings thereon, to pay the Property costs and the first three Rental Payments. 3. The Lessee on behalf of the Corporation, will proceed to acquire and install the Property with due diligence and, based upon the provisions of the purchase contracts, delivery and acceptance of the Property is scheduled to.occur on or before six months after the date hereof but in no case later than three years from the date hereof, and it is expected that all Lease proceeds will be spent by such date. 4. The original proceeds of the Lease plus the interest earned thereon, will not exceed by more than 5% the amount necessary for the governmental purpose for which the Lease is issued. 5. The yield of the Lease, without taking into account costs of issuance thereon, and on the basis of the initial reoffering price of the Lease to the Assignee, is not less than 4.950000%. 6. No sinking fund will be maintained for the payment of the Rental Payments due under the Lease. 7. The term of the Lease is not longer than is reasonably necessary for the governmental purpose of the Lease, and the weighted average maturity of the Lease does not exceed 120 percent of the average reasonably expected economic life of the leased Property. 8. The Property has not been, and is not expected during the term of the Lease, to be sold or otherwise disposed of by the Lessee. 9. The Lessee and its subordinate entities (as defined in the Code) will not, in the aggregate, issue more than $5,000,000 of tax- exempt obligations during calendar year 2010 and, thus, qualifies for the arbitrage rebate exemption provided for in Section 148(f)(4)(D) of the Code. 10. To the best of the knowledge and belief of the undersigned, the expectations of the Lessee, as set forth above, are reasonable, and there are no present facts, estimates and circumstances which would change the foregoing expectations. IN WITNESS WHEREOF, the party hereto has caused its authorized agent to execute this Arbitrage and Tax Certificate on the date specified below. CITY OF NATIONAL CITY By Title 2 CERTIFICATE OF ACCEPTANCE #10-005 This Certificate of Acceptance is issued pursuant to the Lease with Option to Purchase dated as of March 16, 2010 ("Lease") between the City of National City ("Lessee") as lessee and Municipal Finance Corporation ("Corporation") as lessor. Lessee hereby acknowledges as of the date specified below, the receipt, inspection and acceptance of the Property described on Lease Schedule #10-005. Lessee hereby certifies that the Property has been inspected and is now in Lessee's possession and is in good order and repair (subject to any undischarged vendor/contractor warranty obligations). Lessee further certifies that no event has occurred and is continuing which constitutes, or would constitute, an event of default but for any requirement of notice or lapse of time or both. Property Acceptance Date: , 20 IN WITNESS WHEREOF, the Lessee's authorized agent confirms the Property acceptance date above by executing this Certificate of Acceptance. CITY OF NATIONAL CITY By Title CERTIFICATE OF LESSEE #10-005 The undersigned, duly authorized representative of City of National City ("Lessee") as lessee under that Lease with Option to Purchase #10-005 dated as of March 16, 2010 ("Lease") with Municipal Finance Corporation as lessor, hereby certifies as follows: 1. I have been duly authorized to execute and deliver, on behalf of Lessee, the Lease and related documents pursuant to a resolution adopted by Lessee's governing body, which resolution is in full force and effect and has not been amended, modified, supplemented or rescinded as of the date hereof. 2. Lessee has complied with all agreements and covenants and satisfied all conditions contemplated by the Lease on its part to be performed or satisfied on or before the date hereof. 3. The representations, warranties and covenants of Lessee contained in the Lease are true and correct in all material respects as of the date hereof, as if made on this date. 4. No litigation is pending or, to the best of my knowledge, threatened (either in state or federal courts) (a) to restrain or enjoin the issuance and delivery of the Lease or the collection of revenues to be used to meet Lessee's obligations under the Lease; (b) in any way contesting or affecting the authority for the execution or delivery of rhe Lease, or the validity of the Lease; (c) in any way contesting the existence or powers of Lessee, as such existence or powers in any way relate to the issuance of the Lease or Lessee's obligations under the Lease, or (d) could materially adversely affect the financial position of Lessee. 5. The Property being leased pursuant to the Lease is essential to the function of Lessee and is immediately needed by Lessee. Such need is neither temporary nor expected to diminish during the Lease term. The Property is expected to be used by Lessee for a period in excess of the Lease term. 6. The scheduled Rental Payments for the Property do not exceed the fair rental value of the Property. 7. Lessee's federal tax identification number is 8. That for calendar year 2010 and including the Information Return for Tax - Exempt Governmental Obligations Form 8038-G filed with the Internal Revenue Service for the Lease, Lessee has filed one Information Return Form 8038-G with the Internal Revenue Service. The meaning of the capitalized terms in this Certificate are the same as those provided in the Lease. By: Date: INCUMBENCY AND SIGNATURE CERTIFICATE I do hereby certify that I am the duly appointed and acting City Clerk of the City of National City, a municipal corporation validly existing under the Constitution and laws of the State of California ("Lessee"), and that, as of the date hereof, the individual named below is the duly appointed officer of Lessee holding the office set forth opposite his/her respective name. I further certify that (i) the signature set forth opposite his/her respective name and title is true and authentic and (ii) such officer has the authority on behalf of Lessee to enter into that certain Lease with Option to Purchase #10- 005 dated March 16, 2010, between Lessee and Municipal Finance Corporation, and all documents relating thereto. Name Title Signature IN WITNESS WHEREOF, I have duly executed this certificate hereto this day of , 2010. City Clerk *SAMPLE ONLY* (PLEASE PREPARE ON COUNSEL'S LETTERHEAD AND FORWARD 1 ORIGINAL TO ADDRESSEE) MUNICIPAL FINANCE CORPORATION 239415 Calabasas Road, Suite 103 Calabasas, CA 91302 RE: Lease with Option to Purchase #10-005 dated as of March 16, 2010 by and between MUNICIPAL FINANCE CORPORATION ("Corporation") as lessor, and CITY OF NATIONAL CITY ("Lessee") as Lessee. Ladies and Gentlemen: I have acted as counsel to Lessee with respect to the Lease with Option to Purchase described above (the "Lease") and in this capacity have reviewed a copy of the executed Lease and related documents or exhibits attached thereto. Based upon the examination of these and such other documents as I deem relevant, it is my opinion that: 1. Lessee is a municipal corporation and political subdivision of the State of California (the "State"), duly organized, existing and operating under the Constitution and laws of the State. 2. Lessee is authorized and has the power under applicable law to enter into the Lease, and to carry out its obligations thereunder and the transactions contemplated thereby. 3. The Lease has been duly authorized, approved, executed and delivered by and on behalf of Lessee, and is a legal, valid and binding contract of Lessee enforceable in accordance with its terms, except to the extent limited by State and Federal laws affecting remedies and by bankruptcy, reorganization or other laws of general application relating to or affecting the enforcement of creditor's rights. 4. A resolution duly authorizing the execution and delivery of the Lease and related documents was duly adopted by the governing body of Lessee on March 16, 2010 and such resolution has not been amended or repealed and remains in full force and effect. MUNICIPAL FINANCE CORPORATION RE: Lease with Option to Purchase #10-005 dated as of March 16, 2010 by and between MUNICIPAL FINANCE CORPORATION, ("Corporation") as lessor, and CITY OF NATIONAL CITY ("Lessee") as Lessee. (Date) Page 2 5. There is no litigation, action, suit or proceeding pending or, to the best of my knowledge after due inquiry, threatened before any court, administrative agency, arbitrator or governmental body that challenges the authority of Lessee to enter into the Lease or the ability of Lessee to perform its obligations under the Lease and the transactions contemplated thereby. This opinion may be relied upon by Municipal Finance Corporation, its successors and assigns. Dated: Very truly yours, Please type name and title under signature. TO: INSURANCE AUTHORIZATION LETTER Attn: RE: Lease With Option To Purchase #10-005 dated March 16, 2010 between the undersigned as Lessee, and MUNICIPAL FINANCE CORPORATION ("Corporation") as lessor and CITY NATIONAL BANK ("Assignee") as assignee of Lessor. The Insurance Requirements listed below are required to cover the prroperty described in Lease #10-005 Evidence of insurance in the form of a binder or cover letter is acceptable until formal certificates can be issued. Mail this within five (5) working days to: CITY NATIONAL BANK c/o Municipal Finance Corporation 23945 Calabasas Road, Suite 103 Calabasas, CA 91302 BODILY INJURY AND PROPERTY DAMAGE: A. $1,000,000 combined limits (primary plus umbrella) for Bodily Injury and Property Damage Coverage. B. Endorsement naming Assignee as an Additional Insured. C. Endorsement giving Assignee thirty (30) days written notice of any cancellation, reduction, or alteration of coverage. D. Endorsement stating: "It is understood and agreed that this insurance is primary insurance insofar as it relates to any and all equipment leased from Assignee." II. PHYSICAL DAMAGE REQUIREMENTS: A. All Risk Coverage for not less than the total cost of $1,690,000.00 B. Endorsement naming Assignee as Loss Payee. C. Endorsement giving Assignee thirty (30) days written notice of any cancellation, reduction, or alteration of coverage. D. Endorsement stating: "It is understood and agreed that this insurance is primary insurance insofar as it relates to any and all equipment leased from Assignee." III. RENTAL INTERRUPTION INSURANCE: (See Section 20 of Lease) A. Coverage for abatement of rentals for a maximum amount of $172,404.40 equal to twelve (12) months rental payments due the Assignee. B. Endorsement naming Assignee as loss payee. C. Coverage may be provided as a separate policy or as a rider to the policy of casualty insurance on the Property. The undersigned Lessee hereby authorizes you to provide the lessor and Assignee with Certificates and Endorsements per the above. CITY OF NATIONAL CITY By Date SELF-INSURANCE CERTIFICATE #10-005 This self insurance certificate is issued pursuant to that certain Lease with Option to Purchase dated March 16, 2010 ("Lease") by and between Municipal Finance Corporation ("Corporation"), a corporation duly organized and operating under the laws of the State of California as lessor and the City of National City, a municipal corporation duly organized and existing under the laws of the State of California ("Lessee") as Lessee. The undersigned Lessee provides this Certificate as a description of its self-insurance program. 1. Property Insurance • Lessee is self -insured for damage or destruction to the Property. YES NO (circle one) If yes, the dollar amount limit for property damage to the Property under Lessee's self-insurance program is • Lessee maintains an umbrella insurance policy for claims in excess of Lessee's self-insurance limits for property damage to the Property as indicated above. YES NO (circle one) If yes, the umbrella policy provides coverage for all risk property damage. YES NO (circle one) If yes, the dollar limit for property damage to the Property under such umbrella policy is 2. Liability Insurance • Lessee is self -insured for liability or death of any person or damage or loss arising out of or relating to the condition or operation of the Property. YES NO (circle one) If yes, the dollar amount limit for property damage to the Property under Lessee's self-insurance program is Lessee maintains an umbrella insurance policy for claims in excess of Lessee's self-insurance limits for liability including injury or death of persons or damage to property as indicated above. YES NO (circle one) If yes, the umbrella policy provides coverage for liabilities for injury and death to persons as well as damage or loss of property arising out of or relating to the condition of the Property. YES NO (circle one) If yes, the dollar amount of the umbrella policy's limits for such liability coverage is $ 3A. Lessee maintains a self-insurance fund. YES NO (circle one) If yes, please complete the following: Moneys in the self-insurance fund are subject to annual appropriation. YES NO (circle one) The total amount maintained in the self-insurance fund to cover Lessee's self-insurance liabilities is $ a Amounts paid from Lessee's self-insurance fund are subject to limitations for each claim. YES NO (circle one) If yes, the dollar amount of limit per claim is $ 3B. If Lessee does not maintain a self-insurance fund, please complete the following: Lessee obtains funds to pay claims for which it has self-insurance from the following sources: • The limitations on the amounts payable from the sources for claims are as follows: The following entity or officer has authority to authorize payment for claim: • In the event the entity or officer in the prior response denies payment of a claim, does the claimant have recourse to another administrative officer, agency or the courts? YES NO (circle one) If yes, to whom does the claimant have recourse? IN WITNESS WHEREOF, Lessee has caused this Certificate to be executed and delivered by its duly authorized officer as of the date below written. CITY OF NATIONAL CITY BY: TITLE DATE: INSURANCE DATA #10-005 Please provide the information requested below. A. Name, address, and phone number of the Agent handling Lessee's physical damage insurance. Name: Address: Phone #: Contact: B. Name, address, and phone number of the Agent handling Lessee's property damage/public liability insurance coverage. (If same as (A), write "same") Name: Address: Phone #: Contact: CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 16, 2010 AGENDA ITEM NO. 16 EM TITLE: Warrant Register #33 for the period of 02/10/10 through 02/16/10 in the amount of $622,862.28 PREPARED BY: D. Gallegos DEPARTMENT: Finan —7 PHONE: 619-336-4331 APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 02/10/10 through 02/16/10. The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check # Amount Explanation Public Emp Ret Sys 231603 277,919.66 Emp Retirement PPE 02/08/10 ""38,E 231610 69,065.58 Utilities FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $622,862.28 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Narrant Register #33 1/3 PAYEE EMPIZO GOODYEAR WOODSON ALL ABOUT BOOKS CO. AMAZON.COM AT & T MOBILITY BAKER & TAYLOR BRODART CHILDREN'S PLUS INC. CITY OF NATIONAL CITY DISCOUNT SCHOOL SUPPLY INGRAM LIBRARY SERVICES INC. JOHNSON MIDWEST TAPE SCLLN SPRINT THE BOOKSOURCE U.S. POSTMASTER XEROX CORPORATION CHRISTENSEN & SPATH LLP E2 MANAGE TECH INC FEDEX GEOSYNTEC CONSULTANTS HOUSING AUTHORITY PACIFIC BUSINESS CAPITAL CORP A-1 HYDRAULIC SERVICE, INC. ABALOS ABCANA INDUSTRIES ARCO GASPRO PLUS ARNS ASSI SECURITY AT&T/MCI BOOT WORLD BRENNTAG PACIFIC, INC. CALIFORNIA COMMERCIAL SECURITY CALIFORNIA ELECTRIC SUPPLY CINTAS DOCUMENT MANAGEMENT CITY OF NATIONAL CITY CNOA COMMERCIAL AQUATICS SERVICES COOPERS PLUMBING & HEATING DAPPER TIRE COMPANY DAY WIRELESS SYSTEMS (20) DOMINGUEZ DREW FORD DSL EXTREME ESGIL CORPORATION FEDEX Nit oALFAR.HIA INCORPORATED WARRANT REGISTER # 33 2/16/2010 DESCRIPTION AMERICORPS LSTA Y7 AMERICORPS LSTA Y7 AMERICORPS LSTA Y7 GIVEAWAY BOOKS FOR WOWMOBILE ADULT NON-FICTION BOOKS PHONE SVC FOR WINGS PROGRAM CHILDREN'S BOOKS AUTOMATION/PRECISION BOOKS -READING IS FUNDAMENTAL OUT OF STATE SALES TAX CRAFT MATERIAL FOR WOWMOBILE ADULT BOOKS FACE PAINTER -ENTERTAINER FOR FAM DVD'S FOR THE COLLECTION SOUTHERN CA LIBRARY LITERACY VIDEO CONFERENCING, LONG DISTANCE BOOKS - READING IS FUNDAMENTAL POSTAGE FOR OVERDUE NOTICES XEROX BASE CHARGES LEGAL SERVICES JAN/2010 ENVIRONMENTAL CONS SVCS JAN/2010 EXPRESS MAIL COURIER SERVICES ENVIRONMENTAL CONS SVCS JAN/2010 REIMB-OVERPAYMENT OF PORT -IN EQUIPMENT RENTAL REPAIR WAREHOUSE PALLET JACK REFUND-NC351102008 OVERPAYMENT POOL CHEMICALS FUEL FOR CITY FLEET REFUND-NC191013018 OVERPAYMENT 038541/038567 - PANIC BUTTON PHONE SVC - JAN 2010 MOP #64096 WEARING APPAREL POOL CHEMICALS (CHLORINE) MOP 45754 PIN KEYS MOP #45698 ELECTRICAL MATERIALS RECORDS DESTRUCTION/SHREDDING PETTY CASH - JAN 2010 TUITION: DRUG ABUSE RECOGNITION POOL SERVICE, REPAIRS, PURCHASE CITY-WIDE PLUMBING SERVICES TIRES FOR CITY FLEET RADIO MAINTENANCE SERVICE REFUND-NC490924028 OVERPAYMENT MOP #49078 AUTO PARTS DSL DATA LINE SVC PLAN CHECKING SERVICES OF BLDG SPECIAL HANDLING CHGS-PLANNING CHK NO DATE AMOUNT 231534 2/11/10 370.12 231535 2/11/10 82.50 231536 2/11/10 95.57 231537 2/16/10 1,214.93 231538 2/16/10 2,341.66 231539 2/16/10 111.44 231540 2/16/10 3,901.85 231541 2/16/10 598.60 231542 2/16/10 474.91 231543 2/16/10 228.31 231544 2/16/10 1,428.25 231545 2/16/10 39.23 231546 2/16/10 150.00 231547 2/16/10 823.52 231548 2/16/10 150.00 231549 2/16/10 12.51 231550 2/16/10 278.00 231551 2/16/10 308.00 231552 2/16/10 762.86 231553 2/16/10 100.00 231554 2/16/10- 34,308.16 231555 2/16/10 24.79 231556 2/16/10 6,935.33 231557 2/16/10 1,122.57 231558 2/16/10 195.00 231559 2/16/10 263.00 231560 2/16/10 330.00 231561 2/16/10 1,101.62 231562 2/16/10 25,247.21 231563 2/16/10 30.00 231564 2/16/10 8,955.00 231565 2/16/10 917.12 231566 2/16/10 242.43 231567 2/16/10 485.43 231568 2/16/10 166.50 231569 2/16/10 334.31 231570 2/16/10 2,310.54 231571 2/16/10 596.21 231572 2/16/10 225.00 231573 2/16/10 163.96 231574 2/16/10 700.00 231575 2/16/10 1,557.10 231576 2/16/10 4,650.03 231577 2/16/10 330.00 231578 2/16/10 308.98 231579 2/16/10 32.83 231580 2/16/10 18,596.95 231581 2/16/10 59.98 +}-* CALIFORNIA -� 2/3 PAYEE FERGUSON ENTERPRISES, INC FLINT TRADING, INC. FRANK TOYOTA GELSKEY GRAINGER HONEYWELL INC. HYDRO-SCAPE PRODUCTS INC. I.D. SERVICES, INC. INTOXIMETERS IRON MOUNTAIN RECORDS LEWISZASOWSKI MAINTEX, INC. MONTGOMERY KONE, INC. MORENO MUNOZ NATIONAL CITY AUTO TRIM PARKHOUSE TIRE PERVO PAINT CO. POWERSTRIDE BATTERY CO INC PRO BUILD PRUDENTIAL OVERALL SUPPLY PUBLIC EMP RETIREMENT SYSTEM PUEDAN RIVERSIDE COUNTY SHERIFF DEPT ROOF CONSTRUCTION S.D. COUNTY SHERIFFS DEPT. SAN DIEGO UNION TRIBUNE SD BMW MOTORCYCLES SDG&E SMART & FINAL SOLANA CENTER SOLANO SOUTH BAY COMMUNITY SERVICES SOUTHWEST SIGNAL SERVICE, INC. STAPLES ADVANTAGE STRATACOM SWEETWATER AUTHORITY THE STATE BAR OF CALIFORNIA THOMAS THOMAS TURBO FLARE USA U-LINE VALLEY INDUSTRIAL SPECIALTIES VERIZON WIRELESS WADE & ASSOCIATES WILLY'S ELECTRONIC SUPPLY NATIONAL t e e /INCORPQHATF% WARRANT REGISTER # 33 2/16/2010 DESCRIPTION FLANGES FOR POOL TURN ARROW MARKINGS FOUR, 2009 TOYOTA PRIUS HYBRID SUBSISTENCE: FIELD TRAINING OFFICER MOP #65179 ELECTRICAL MATERIALS REPAIRS NOT COVERED BY MAINTENANCE MOP #45720 WATER PIPE RIBBON DRY GAS -HAZARDOUS MATERIAL RECORDS/DOCUMENT STORAGE REFUND-NC490926018 OVERPAYMENT MISC JANITORIAL SUPPLIES REPAIRS/MAINTENANCE-ELEVATORS REFUND-NC191103009 OVERPAYMENT REFUND-NC231028038 OVERPAYMENT R&M CITY VEHICLES TIRES MOP #63846 TRAFFIC CONTROL SUPPLIES MOP #67839 AUTO PARTS MOP 45707 MISC SUPPLIES - FIRE MOP #45742 LAUNDRY SERVICE SERVICE PERIOD 2-10-3 REFUND-NC400105031 OVERPAYMENT TUITION: FIELD TRAINING OFFICER UPDATE ROOF REPAIRS CITY-WIDE SHERIFFS RANGE USE - SWAT TRAINING LEGAL NOTICES ADVERTISING R&M CITY VEHICLES STREET DIVISION MOP 45756 MISC SUPPLIES - FIRE PURCHASING OF RECYCLED ITEMS REFUND-NC491108002 OVERPAYMENT PERSONNEL SERVICES SUBCONTRACT TRAFFIC SIGNAL & STREET LIGHTING MOP 45704 OFFICE SUPPLIES -PLANNING MOP 63845 IMPOUND NOTICE FACILITIES DIVISION MEMBERSHIP DUES - DOUCETTE REFUND-NC491027008 OVERPAYMENT REFUND-NC390903011 OVERPAYMENT REPAIR 24 TURBO FLARE UNITS LAB SUPPLIES FOR POLICE DEPT. MOP #46453 PLUMBING MATERIALS WIRELESS SVC - 12/27/09-01/26/10 CONSTRUCTION MANAGEMENT SERV MOP #45763 MATERIALS & SUPPLIES CHK NO DATE AMOUNT 231582 2/16/10 1;080.41 231583 2/16/10 3,766.09 231584 2/16/10 1,411.88 231585 2/16/10 420.62 231586 2/16/10 242.31 231587 2/16/10 9,469.22 231588 2/16/10 22.08 231589 2/16/10 507.51 231590 2/16/10 372.06 231591 2/16/10 125.00 231592 2/16/10 60.00 231593 2/16/10 3,352.79 231594 2/16/10 3,623.79 231595 2/16/10 305.00 231596 2/16/10 70.00 231597 2/16/10 239.93 231598 2/16/10 251.83 231599 2/16/10 489.49 231600 2/16/10 184.28 231601 2/16/10 74.0E 231602 2/16/10 347.71 231603 2/16/10 277,919.66 231604 2/16/10 30.00 231605 2/16/10 80.00 231606 2/16/10 3,452.00 231607 2/16/10 300.00 231608 2/16/10 339.20 231609 2/16/10 694.00 231610 2/16/10 69,065.58 231611 2/16/10 101.52 231612 2/16/10 2,185.69 231613 2/16/10 60.00 231614 2/16/10 12,229.79 231615 2/16/10 12,214.63 231616 2/16/10 931.00 231617 2/16/10 182.19 231618 2/16/10 11,565.19 231619 2/16/10 475.00 231620 2/16/10 35.00 231621 2/16/10 330.00 231622 2/16/10 228.49 231623 2/16/10 1,616.53 231624 2/16/10 154.21 231625 2/16/10 723.77 231626 2/16/10 15,002.7. 231627 2/1600 1,123.51 A/P Total 561,118.08 3/3 INCORPORATED WARRANT REGISTER # 33 2/16/2010 PAYEE DESCRIPTION WIRED PAYMENTS TRISTAR RISK MANAGEMENT JAN 2010 WC REPLENISHMENT SECTION 8 HAPS PAYMENTS Start Date End Date 2/10/2010 2/16/2010 CHK NO DATE AMOUNT 28864291 2/10/10 55,578.11 6,166.09 GRAND TOTAL S 622,862.28 +}-* CALIFORNIA }-c+ NIVTIUNA14::-:,--'CITY INCORPORATED Warrant Register # 33 2/16/2010 001 GENERAL FUND 104 LIBRARY FUND 105 PARKS MAINTENANCE FUND 111 P.O.S.T. FUND 120 PLAN CHECKING REVOLVING FUND 125 SEWER SERVICE FUND 172 TRASH RATE STABILIZATION FUND 246 WINGS GRANT 253 RECREATIONAL ACTIVITIES FUND 277 NC PUBLIC LIBRARY DONATIONS FUND 290 POLICE DEPT GRANTS 301 GRANT C.D.B.G. 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 348,577.21 7,579.22 393.99 420.62 10,628.95 392.38 2,185.69 123.95 11.36 816.26 12,229.79 2,839.50 4,852.83 7,330.22 94.00 53,724.31 100.00 72, 560.54 55,578.11 194.57 1,484.52 8,955.00 1,687.98 61.22 28,628.18 1,411.88 622,862.28 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 16, 2010 AGENDA ITEM NO.17 EM TITLE: Warrant Register #34 for the period of 02/17/10 through 02/23/10 in the amount of $2,484,256.27 PREPARED BY: D. Gallegos DEPARTMENT: Finan PHONE: 619-336-4331 APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 02/17/10 through 02/23/10 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check# Amount Explanation City of San Diego 231652 1,256,612.00 Sewerage System FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: 4,/"C<-,---Finance MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $2,484,256.27 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Narrant Register #34 1/3 PAYEE AFLAC AIRGAS-WEST ALL FRESH PRODUCTS ALPHA & OMEGA AMERICAN BACKFLOW SPECIALTIES AMERICAN ROTARY BROOM CO., INC ARMANDO VERGARA ASSI SECURITY AYDELOTTE BEST BEST & KRIEGER LLP BON SUISSE INC BRENNTAG PACIFIC, INC. BUSTAMANTE & ASSOC CAPF CALIFORNIA BAKING CO. CALIFORNIA COMMERCIAL SECURITY CALIFORNIA ELECTRIC SUPPLY ;ALIFORNIA LAW ENFORCEMENT :ASTRO CEB CERRILLO CHEVRON & TEXACO BUSINESS CARD CINTAS DOCUMENT MANAGEMENT CITY OF CARLSBAD CITY OF SAN DIEGO CLAIMS MANAGEMENT ASSOCIATES CLEAN HARBORS COMMERCIAL AQUATICS SERVICES COOPER'S PLUMBING & HEATING COUNTY OF SAN DIEGO CSULB FOUNDATION CSULB FOUNDATION DATA TICKET INC DEPT OF JUSTICE ESGIL CORPORATION ESPIRITU EXPERIAN FEDEX FERGUSON ENTERPRISES, INC GRAINGER GROSSMAN PSYCHOLOGICAL HAMILTON MEATS & PROVISIONS IEALTH NET IOME DEPOT/GECF HONEYWELL INC. HORIZON HEALTH EAP INTEGRATED BIOMETRIC INTERNAT'L TRAINING RESOURCE INTERNATIONAL COMMUNITY CA1IF99NJA ;;- i CITY -tivconponiazu WARRANT REGISTER # 34 2/23/2010 DESCRIPTION AFLAC ACCT BDM36 - FEB 2010 MOP #45714 MATERIALS & SUPPLIES FOOD FOR NUTRITION CENTER SCBA MASK FIT TESTS PARTS AND CAGES SWEEPER REPAIRS REIMB - CODE ENFORCEMENT GEAR CITY-WIDE SECURITY REPAIRS REIMB-ROBBERY INVESTIGATORS PERSONNEL ISSUES -THROUGH JAN 2010 MILK/DAIRY DELIVERY FOR NUTRITION POOL CHEMICALS (CHLORINE) CONSULTING SVCS - DEC 09 FIRE/LTD MARCH 2010 BREAD DELIVERY FOR NUTRITION MOP #45754 BUILDING MATERIALS MOP #45698 ELECTRICAL MATERIALS PD/LTD MARCH 2010 REPLACEMENT -PAYCHECK 02/17/10 CA ADMIN MANDAMUS REPLACEMENT -PAYCHECK 02/17/10 MOP #45699 GAS RECORDS DESTRUCTION/SHREDDING TECH PERSONNEL CHGS - JAN 2010 TRANSPORTATION AND TREATMENT CONSULTANT SVCS JAN 2010 / FEB 2010 HAZARDOUS WASTE PICKUP PUMP REPAIRS, REPLACEMENTS CITY-WIDE PLUMBING PREVENTIVE JAN 2010-GC76000-761000 OR 76101 TUITION -INTERNAL AFFAIRS SEMINAR TUITION -INTERNAL AFFAIRS SEMINAR PC PROCESSING - JANUARY 2010 NEW EMP FINGERPRINT TEST-JAN 2010 PLAN CHECK SVCS FOR FIRE DEPT SUBSISTENCE: INTERNAL AFFAIRS CREDIT CHECKS FOR NEW PD EMP SPECIAL MAIL HANDLING CHGS MOP #45723 PLUMBING MATERIALS MOP 65179 FIXTURE, ER EXIT - FIRE PRE-EMP PSYCHOLOGICAL EXAMS MEAT DELIVERY FOR NUTRITION HEALTH INS MARCH 2010 57135J BASIN FAUCET REPAIRS EMP ASST PROGRAM - FEB 2010 NEW EMP FINGERPRINT TEST-JAN 2010 TUITION: BASIC SWAT TEAM LEADER GEN PLAN UPDATE-LAS PALMAS PARK CHK NO DATE AMOUNT 231628 2/23/10 1,367.28 231629 2/23/10 636.03 231630 2/23/10 5,259.25 231631 2/23/10 21.00 231632 2/23/10 116.15 231633 2/23/10 131.31 231634 2/23/10 173.98 231635 2/23/10 125.00 231636 2/23/10 125.00 231637 2/23/10 1,252.77 231638 2/23/10 638.48 231639 2/23/10 533.57 231640 2/23/10 9,390.00 231641 2/23/10 672.00 231642 2/23/10 360.00 231643 2/23/10 495.53 231644 2/23/10 56.02 231645 2/23/10 1,774.50 231646 2/23/10 418.37 231647 2/23/10 128.10 231648 2/23/10 199.15 231649 2/23/10 277.12 231650 2/23/10 520.11 231651 2/23/10 69.89 231652 2/23/10 1,256,612.00 231653 2/23/10 4,625.00 231654 2/23/10 796.78 231655 2/23/10 875.81 231656 2/23/10 105.00 231657 2/23/10 9,681.50 231658 2/23/10 300.00 231659 2/23/10 300.00 231660 2/23/10 2,178.20 231661 2/23/10 356.00 231662 2/23/10 951.65 231663 2/23/10 418.80 231664 2/23/10 46.03 231665 2/23/10 40.15 231666 2/23/10 381.04 231667 2/23/10 151.37 231668 2/23/10 250.00 231669 2/23/10 654.26 231670 2/23/10 1,192.62 231671 2/23/10 130.30 231672 2/23/10 640.13 231673 2/23/10 852.04 231674 2/23/10 18.00 231675 2/23/10 575.00 231676 2/23/10 5,800.00 CAI JFOR.NI-A . - 2/3 PAYEE KAISER FOUNDATION HEALTH PLANS KITAGAWA HOME & OFFICE LASER SAVER INC LEXIS-NEXIS LOPEZ LUCAS, MASON'S SAW & LAWNMOWER SRVC MICHAEL P. DURKEE MISSION UNIFORM SERVICE MUNICIPAL CODE CORPORATION NAPA AUTO PARTS NATIONAL CITY CAR WASH ORKIN PEST CONTROL PADRE JANITORIAL SUPPLIES INC PERALES PERVO TRAFFIC CENTER PRO BUILD PRO -EDGE KNIFE PRUDENTIAL OVERALL SUPPLY SAN DIEGO PET & LAB SUPPLY SAN DIEGO SPORTS MEDICINE SIMON SMITH SPARKLETTS STAPLES ADVANTAGE STRATACOM SUPER SERGIOS MEXICAN FOOD SUPERIOR READY MIX CONCRETE SYSCO SAN DIEGO THE LIGHTHOUSE, INC. THE LINCOLN NATIONAL LIFE INS. THE STAR NEWS TRITECH SOFTWARE SYSTEMS U.S. HEALTHWORKS UNION -TRIBUNE PUB. CO. WADE & ASSOCIATES WEST GOVERNMENT SERVICES ZIONS BANK BRG CONSULTING, INC D MAX ENGINEERING INC DIXIELINE BUILDERS EQUIFAX INFORMATION SVCS LOLA HAPPY BAKERY OPPER & VARCO PRUDENTIAL OVERALL SUPPLY SAN DIEGO TROLLEY INC STAPLES ADVANTAGE STEWART TITLE OF CA THE SOHAGI LAW GROUP PLC NATI() . ciTy- ,, I C 8O E WARRANT REGISTER # 34 2/23/2010 DESCRIPTION RET INS MARCH 2010 OFFICE SUPPLIES - NUTRITION MOP 45725 INK CARTRIDGE ONLINE CHGS FOR JAN 2010 TRANSLATION SVCS ON 02/16/10 REIMB - EDUCATIONAL MOP 45729 CHAIN LOOP - FIRE MAP ACT NAVIGATOR 2010 WEEKLY CLEANING/LAUNDRY SVCS JAN 2010, SUPPLEMENT #27 MOP #45735 AUTO PARTS CAR WASHES FOR CITY FLEET PEST MAINTENANCE FOR CITY BLDG JANITORIAL SUPPLIES REFUND -DUPLICATE PAYMENT MOP 63846 REFUSLEEVES - FIRE MOP #45707 PLUMBING MATERIALS KNIFE SHARPENING SERVICES MOP #45742 LAUNDRY SERVICE MOP 45753 FOOD FOR K9 RESPIRATORY FIT EXAMS - FIRE DEPT LIABILITY CLAIM COSTS SUBSISTENCE -INTERNAL AFFAIRS WATER/DELIVERY FOR NUTRITION MOP 45704 OFFICE SUPPLIES - PD MOP 63845 NOTICE OF CORRECTION ER FOOD PROCUREMENT PROGRAM TACK OIL, SHEET/COLD MIX ASPHALTS FOOD FOR NUTRITION CENTER MOP #45726 SHOP SUPPLIES LIFE & AD&D, STD, LTD MARCH 2010 AUCTION-PD UNCLAIMED PROPERTY STRATUS FTSERVER 4300 SUPPORT PRE EMP PHYSICALS PUBLICATION -PLANNING COMMISSION CONSTRUCTION MANAGEMENT SERV. CLEAR INVESTIGATIVE - JAN 2010 19TH LEASE PAYMENT - 800 MHZ EQUIP DOWNTOWN SPEC PLAN /AUG 09 MARINA GATEWAY CASA FAMILIAR RENTAL REHAB PROJECT BACKGROUND -CREDIT CHECKS/SEC8 ECONOMIC DEVELOPMENT LOAN TOD - LEGAL SERVICE LAUNDRY SERVICES FLAGGING SERVICES MOP 45704 OFFICE SUPPLIES -HOUSING PRELIMINARY REPORT -GATEWAY SHOPPIN LEGAL SERVICES CHK NO DATE AMOUNT 231677 2/23/10 7,597.78 231678 2123/10 15.30 231679 2/23/10 470.67 231680 2/23/10 427.38 231681 2/23/10 140.00 231682 2/23/10 133.00 231683 2/23/10 843.42 231684 2/23/10 57.52 231685 2/23/10 133.38 231686 2/23/10 508.17 231687 2/23/10 180.31 231688 2/23/10 220.00 231689 2/23/10 353.75 231690 2/23/10 279.85 231691 2/23/10 30.00 231692 2/23/10 492.50 231693 2/23/10 1,385.05 231694 2/23/10 45.00 231695 2/23/10 333.30 231696 2/23/10 264.17 231697 2/23/10 360.00 231698 2/23/10 473.49 231699 2/23/10 372.00 231700 2/23/10 8.68 231701 2/23/10 1,535.71 231702 2/23/10 798.09 231703 2/23/10 121.05 231704 2/23/10 2,404.09 231705 2/23/10 3,851.68 231706 2/23/10 23.93 231707 2/23/10 9,919.65 231708 2/23/10 45.00 231709 2/23/10 10,980.00 231710 2/23/10 185.00 231711 2/23/10 553.60 231712 2/23/10 31,516.25 231713 2/23/10 400.00 231714 2/23/10 48,678.25 231715 2/23/10 5,006.25 231716 2/23/10 1,032.50 231717 2/23/10 35,882.31 231718 2/23/10 50.77 231719 2/23/10 770.72 231720 2/23/10 1,917.0E 231721 2/23/10 13.34 231722 2/23/10 18.20 231723 2/23/10 467.67 231724 2/23/10 500.00 231725 2/23/10 5,130.70 3/3 �r• C14-171F41RN1A - + a oV INCORPORATED WARRANT REGISTER # 34 2/23/2010 PAYEE DESCRIPTION CHK NO DATE AMOUNT Start Date End Date SECTION 8 HAPS PAYMENTS 2/17/2010 2/23/2010 PAYROLL Pay period Start Date End Date Check Date 04 1/26/2010 2/8/2010 2/17/2010 A!P Total 1,489,598.77 2,649.83 992,007.67 GRAND TOTAL $ 2,484,256.27 +}- CALIFORNIA a att INCORPORATED Warrant Register # 34 2/23/2010 001 GENERAL FUND 104 LIBRARY FUND 105 PARKS MAINTENANCE FUND 109 GAS TAXES FUND 111 P.O.S.T. FUND 125 SEWER SERVICE FUND 130 EMT-D REVOLVING FUND 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 282 REIMBURSABLE GRANTS CITYWIDE 290 POLICE DEPT GRANTS 296 ENGINEERING 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 631 TELECOMMUNICATIONS REVOLVING 632 GENERAL ACCOUNTING SERVICES 643 MOTOR VEHICLE SVC FUND 724 COBRA/RETIREE INSURANCE 789,924.11 29,225.20 20,630.27 875.96 1,390.80 1,275,512.30 3,459.07 1,371.01 648.90 13,938.55 22,154.37 2,508.64 959.32 4,916.52 1,747.43 1,205.71 12,418.32 41, 052.08 575.00 3,514.01 44.92 2,346.69 36,646.51 4,717.12 24,011.72 1,155.30 66,007.51 38,712.75 22,414.27 5,984.74 2,670.29 13,735.93 1,463.94 16,119.73 11,406.88 8,790.40 2,484,256.27 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 16, 2010 AGENDA ITEM NO. 18 EM TITLE: Public Hearing- Fiscal Year 2010-2011 Action Plan allocation for the Community Development Block Grant (CDBG) Program and Home Investment Partnerships (HOME) Program that includes a reallocation of previous year CDBG activity funding PREPARED BY: Carlos J. Aguirre( DEPARTMENT: t31unBt?velopment PHONE: (619) 336-4391 APPROVED BY: EXPLANATION: The purpose of the Public Hearing is provide the opportunity for public comment on the priorities and objectives identified for the draft FY2011-15 Consolidated Plan and on City Council's recommendations for funding of the CDBG and HOME Program activities in FY2011. The Annual Plan for FY 2011 outlines how the City intends to spend approximately $1,099,075 in federal Community Development Block Grant (CDBG) and approximately $642,423 in federal HOME Investment Partnerships (HOME) Program funds. In addition to the funding sources noted above, the City anticipates reallocating an estimated $238,656 from previously funded CDBG activities. Due to exceeding the public service cap requirement in FY2009 through a supplemental CDBG public service cycle that allocated an additional $310,500 to public services, the U.S. Department of HUD has limited public service expenditures in FY2011 for National City to 15% up to a maximum cap of $164,960, regardless of an increase in CDBG appropriation. Also, if the federal appropriations for FY2011 are not released by March 16, 2010 by HUD and there is an increase in funding announced thereafter, it is staffs recommendation that City Council increase partially funded non-public service applicants in proportion to the appropriation. If funding is reduced, it is also staffs recommendation that partially and fully funded non-public service applicant awards be decreased proportionally with the exception of awards made under $40,000. A second Public Hearing will be conducted on May 4, 2010 to review public comments received during a 30-day public review 3d (March 29, 2010 through April 28, 2010) of the draft FY2011-15 Consolidated Plan and FY2011 Annual Action Plan; and to provide public with one last opportunity to share their thoughts regarding those Plans. At the close of the second Public Hearing, City Council adopt the Five Year Consolidated Plan and the First Year Action Plan. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS The City will receive approximately $1,099,075 in CDBG Program and approximately $642,423 in HOME Program funds for FY2011. The City also anticipates reallocating an estimated $238,656 from previously funded CDBG activities to FY2011. ENVIRONMENTAL REVIEW: Not applicable. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Conduct the Public Hearing and select CDBG and HOME applicants for allocation. BOARD / COMMISSION RECOMMENDATION: Not applicable to this report. ATTACHMENTS: chment No. 1: FY2010-2011 National City CDBG and HOME Applications List chment No. 2: FY2011-2015 Consolidated Plan & FY2010-2011 Action Plan Timeline Attachment No. 3: FY 2011-2015 Housing and Community Development Priorities and Specific Objectives for National City (Draft) Attachment No. 4: Notice of Public Hearing Attachment #1 FY 2010-2011 National City CDBG and HOME Applications FY 2010-2011 C©BG'Program Estimated Entitlement including reallocation of $238,656 $ 1,338,391 _, < GDBG PU81.1 SERVICES � mum /\vaiilable for Publ 'vke Activities 164,960 Tab #1 Boys and Girls Clubs of Inland North County Boys and Girls Club Walking Program 17,000 2 Burn Institute Senior Fire & Burn Prevention Program/ Smoke Alarm Installation Program 11,876 3 Community Youth Athletic Center Champs For Life Youth Diversion Program 40,625 4 City of National City Community Services Department At Risk Youth Afterschool Program "Supreme Teens" 29,635 5 City of National City Community Services Department Learn to Swim 32,856 6 City of National City Community Services Department Tiny Tots 29,337 7 City of National City Public Library National City Public Library Literacy Services 49,600 8 Council of Philippine American Organizations of San Diego County, Inc. Earned Income Tax Campaign (EITC), Volunteer Income Tax Assistance (VITA) and Tax Counseling for the Elderly (TCE) Project 25,000 9 Meals -on -Wheels Greater San Diego, Inc. Meals -on -Wheels National City 10,000 10 San Diego Food Bank Corporation Food 4 Kids Backpack Program 10,066 11 South Bay Community Services National City Police Department Support Services 61,203 12 Trauma Intervention Programs of San Diego County, Inc. Crisis Intervention Team 8,000 Total Public Service Requests 325,198 CDBG CODE ENFORCEMENT, ECONOMIC DEVELOPMENT, HOUSING REHABILITATION, INTERIM ASSISTANCE, PUBLIC FACILITY AND INFRASTRUCTURE IMPROVEMENTS Available for CDBG Activities listed in this are maximized section if Public Service and Planning/Admin. caps 953,484 Code Enforcement 94,000 94,000 13 City of National City- Community Development Department National City Housing Inspection Program Economic Development 35,000 14 Southwestern Community College District (SCCD) Small Business Development & International Trade Center (SBDITC) National City Economic Development Funds Program 35,000 Housing Rehabilitation 362,683 15 Christmas in July * National City Minor Rehabilitation Program 110,000 16 Environmental Health Coalition Making National City's "Healthy Homes" Energy Efficient 182,683 17 San Diego Community Housing Corporation Park Villas Safe and Sound Parking Enhancements 70,000 Interim Assistance 30,000 18 Christmas in July * National City City Clean -Ups 30,000 Public Facility Improvements 775,915 19 City of National City- Community Services Department City-wide Basketball Court Revitalization/ Resurfacing 20,432 20 City of National City -Community Services Department Las Palmas Pool Rehabilitation 80,000 21 City of National City- Development Services Department National City Soccer Field 150,000 22 International Community Foundation National City School Gardens and Urban Agriculture Initiative 200,000 FY 2010-2011 CDBG and HOME Program Applications 1 of 2 Attachment #1 Public Facility Improvements (continued from page 1) 23 La Maestra Clinic -National City La Maestra Dental Clinic, National City 50,483 24 National City Living History Farm Preserve, Inc. Structural Engineering Report for the Preservation of the Stein Farm Barn 75,000 25 Sweetwater High Joint -Use Athletic Field Sweetwater Union High School District 200,000 550,000 Public Infrastructure Improvements 26 City of National City -Development Services Department ADA Park Improvements 100,000 27 City of National City -Development Services Department Safety and Accessibility Enhancements at Pedestrian Crossings 100,000 28 City of National City -Development Services Department Storm Drain Improvements 100,000 29 City of National City -Development Services Department Upgrade Substandard Pedestrian Ramps, Sidewalk, Curb, and Gutters 250,000 Total Non -Public Service Requests 1,847,598 x> xw CDBG PEAN I=NG rAiApiilot§tio,r1 ft,t 1 r �ss Ia rmlum Available for Planning a td Ak)rtriiiiistratiion (20 4 Entitlement Cap) 19,947 Planning 143,700 30 Boys & Girls Club of Inland North County Boys & Girls Cub Expansion Site Feasibility Study 12,000 31 Operation Samahan, Inc. Planning Grant for a $5 Million Dollar Expansion 25,000 32 City of National City- Community Services Department Neighborhood Councils Program 106,700 Administration 193,608 33 Fair Housing Council of San Diego Fair Housing and Tenant -Landlord Education Services 38,000 n/a City of National City - Community Development Department CDBG Program Administration 155,608 Total Planning and Administration Requests 337,308 FY 2010-201.1 HOME Investment Partnerships (HOME) Program Estimated $ 642,423 Entitlement 34 City of National City- Community Development Department First Time Homebuyer Program 331,818 35 City of National City- Community Development Department National City Community Housing Rehabilitation Program 150,000 36 Community HousingWorks CHDO Predevelopment Loan for Paradise Creek Affordable Housing Project 64,242 n/a City of National City Community Development Department CHDO Set Aside 32,121 n/a City of National City - Community Development Department HOME Program Administration 64,242 Tota HOME Program Requests 642,423 FY 2010-2011 CDBG and HOME Program Applications 2 of 2 Attachment No. 2 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) February 8, 2010 (Monday): Distribution of CDBG/HOME Grant Application Binders to the City Council 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 6:0D 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 Attachment No. 3 1 10 Housing and Community Development Priorities and Specific Objectives for National City from the draft FY2011- 2015 Consolidated Plan Priority 1: Conserve and Improve Affordable Housing The older housing stock in National City suggests that repairs and rehabilitation will be required to maintain quality structures and living spaces. The City addresses this need through single-family and multi -family rehabilitation assistance. A high priority is given to conserving and improving affordable housing stock, including addressing lead -based paint hazards. The following programs assist with this goal: Minor Home Rehabilitation National City provides low-income homeowners and renters with assistance for housing rehabilitation. Minor home rehabilitation can include carpentry, painting, plumbing, electrical, and weatherization, among other services. Five Year Objective: • Provide funding for minor rehabilitation of 50 housing units during the five-year Consolidated Plan period. Performance Measure: Decent Housing (DH)/Availability (1) Ownership Housing Rehabilitation Program The Ownership Housing Rehabilitation Program provides loans and rebates to income -qualified households to correct health and safety violations, increase energy efficiency, alleviate overcrowding, and make other essential repairs. Typical repairs include roof repair or replacement, electrical work, plumbing or structural repairs, room additions to lessen overcrowding, window repair or replacement, weatherization improvements, and handicapped access improvements. The City is in the process of developing guidelines for this program. Loans will be available to rehabilitate/repair single-family properties that meet eligibility requirements. Five Year Objective: • Provide funding to rehabilitate/repair 12 housing units during the five- year Consolidated Plan period. Performance Measure: Decent Housing (DH)/Availability (1) Attachment No. 3 2 Rental Unit Rehabilitation Program National City offers favorable rehabilitation loans for owners of rental housing to make necessary improvements, in return for a deed restriction to maintain the units as affordable for a certain period. Rehabilitation loans focus on correcting health and safety violations and completing energy efficiency repairs and improvements. The City is in the process of developing guidelines for this program. Loans will be available to rehabilitate/repair multi -family properties that meet eligibility requirements. Five Year Objective: • Provide funding to rehabilitate/repair 12 housing units during the five- year Consolidated Plan period. Performance Measure: Decent Housing (DH)/Availability (1) Housing Inspection Program The City's Housing Inspection Program will provide technical assistance to property owners in low- and moderate -income areas with regard to code enforcement and violations. The program will provide information on available resources and methods to resolve violations. The program will provide for inspections/interventions in both rental and owner -occupied deteriorated housing units. Inspections can include a visual structural inspection, mold and meter readings, carbon monoxide testing, sampling for lead hazards an Environmental Hazards Assessment that will inspect the home for indoor air quality, asthma triggers, pesticides, and home safety. Five Year Objective: • Provide funding to assist 750 housing units with housing inspections during the five-year Consolidated Plan period. Performance Measure: Decent Housing (DH)/Availability (1) Lead -Based Paint Hazard Reduction The County of San Diego CLPPP identified National City's primary ZIP code (91510) as a high risk for lead poisoning due to a high percentage of housing built prior to 1970, a large percentage of children that are younger than six years old (when lead poisoning is most prevalent), and a high percentage of children under six living in poverty. Five Year Objective: • Continue to educate residents on health dangers of lead, and encourage screening of children for elevated blood -lead levels by providing educational materials as part of the City's various housing rehabilitation programs. • Require testing and lead hazard reduction in conjunction with rehabilitation. • Provide educational materials on lead hazards to tenants and landlords as part of City inspections. Performance Measure: Decent Housing (DH)/Availability (1) Attachment No. 3 3 Priority 2: Provide First -Time Homebuyer Opportunities The City is committed to expanding homeownership opportunities for lower- and moderate -income households through a first-time homebuyer program. The goal of this program is to provide opportunities for financial investment and relief from overcrowded conditions or cost burdens to low- and moderate -income households, and to assist with the stabilization of residential neighborhoods. First -Time Homebuyer Assistance The City is in the process of developing a first-time homebuyer program, anticipated to be in place in 2010. This program will provide financial assistance through loans and/or grants to help buyers with down payments, closing costs, mortgage insurance premiums, and/or a silent second trust deed loan. The specific parameters of the program will be developed in 2010. Five Year Objective: • Provide homeownership assistance to 25 households during the five- year Consolidated Plan period. Performance Measure: Decent Housing (DH)/Affordability (2) Priority 3: Support New Affordable Housing Construction The City will assist with the development of new affordable housing by working with for -profit and non-profit housing developers to acquire, rehabilitate, and construct new affordable housing units. Five Year Objective: • Support the rehabilitation and/or construction of 50 affordable housing units over the five-year Consolidated Plan period. Performance Measure: Decent Housing (DH)/Affordability (2) Priority 4: Promote Equal Housing Opportunity The City contracts with the Fair Housing Council of San Diego (FHCSD) to perform investigation, reporting, monitoring, tenant counseling, and landlord training on fair housing law. Allegations of housing discrimination are referred to FHCSD for investigation, and the FHCSD reports back to National City the results of the investigations. FHCSD also presents training sessions for local apartment owners and managers on the intent and parameters of fair housing law, in addition to general tenant/landlord education, mediation, and counseling. Five Year Objective: • Support fair housing services through assistance to fair housing counseling and enforcement organizations. Annually evaluate the services provided by the organizations to ensure that adequate and appropriate services are provided, and revise contracts as appropriate. • Actively advertise the services provided to National City residents in public locations such as City Hall and community centers. Attachment No. 3 4 • Continue to comply with the fair housing planning requirements of CDBG and HOME programs, including actions to address any impediments to fair housing. Performance Measure: Decent Housing (DH)/Availability (1) Priority 5: Preserve Assisted Housing at Risk of Converting to Market Rate Preservation of At -Risk Housing Two projects in National City with 260 federally assisted housing units are at risk of converting to market rate during the next five years, as their Section 8 contracts are annually renewable. The City will implement the following objectives on an ongoing basis to conserve the affordable housing stock at risk of conversion. Five Year Objective: • Monitor units at risk of converting to market rate (Granger Apartments, Inter City Manor, and Plaza Manor). • Establish contact with public and nonprofit agencies interested in purchasing and/or managing units to inform them of the status of the three at -risk projects. Where feasible, provide technical assistance to these organizations with respect to financing. • California law requires property owners to give a 12-month notice of their intent to opt out of low-income use restrictions. The City will work with tenants of at -risk units and provide them with information regarding Section 8 rent subsidies and other affordable housing opportunities in the City. • National City administers its own Section 8 voucher and certificate programs. The City will assist tenants of at -risk housing units to obtain priority status if there is a conversion to market rate and if tenants' income and housing costs meet eligibility requirements. Performance Measure: Decent Housing (DH)/Availability (1) Priority 6: Support Housing and Services for Homeless and Persons At -Risk of Homelessness As discussed at the beginning of this Homeless Section, the City has approximately 284 unsheltered homeless persons at any given time. Of these, the City estimates that 125 are chronically homeless. To assist this population, emergency, transitional, and permanent supportive housing in conjunction with services are needed. In addition, a significant method for addressing homelessness in the community is to prevent it. With a struggling economy nationwide, job loss has been prevalent. Without an income to support housing and living expenses, the homeless rates are climbing along with the unemployment rates. In National City, approximately 28 percent of extremely low-income families use 50 percent of their income for housing. If job loss were to occur, these families would likely loose their homes or be evicted, becoming homeless. Therefore, emergency shelter, rental assistance, job training Attachment No. 3 5 and placement assistance, and other support services are critical for homeless prevention in the community. National City is part of the San Diego County Continuum of Care System and addresses homeless issues in the community through the continuum of care model. Components of this model include: • Permanent supportive housing and services for the chronically homeless • Emergency Shelter • Transitional Shelter • Outreach intake assessment • Employment supportive services The National City Housing Authority also addresses the issues of low-income residents overpaying for housing through the Section 8 Voucher Program. By providing rental assistance, the City is assisting at -risk persons and families from becoming homeless. In addition, the City may use CDBG funds to provide supportive services to the homeless and those at risk of becoming homeless. Support services include emergency assistance, emergency food, and childcare, among others. Five Year Objectives: • Continue to support and participate in the San Diego Continuum of Care System for the delivery of services to the homeless populations. • Coordinate with Emergency Food and Shelter Programs to bring funds into the region and address the needs of the homeless and at -risk populations, including the chronic homeless population. • Provide assistance to agencies and organizations that provide services to the homeless and/or persons at -risk of homelessness. Assist 500 persons over the five-year Consolidated Plan period. Performance Measure: Suitable Living (SL)/Availability (1) Priority 7: Provide for New and Improve Existing Community Facilities Capital Improvement Planning The City utilizes a five-year Capital Improvement Plan (CIP) as a planning tool to identify capital project needs and to assess the City's financial capacity for addressing those needs. The CIP is updated annually. A number of priorities have been identified for the Consolidated Plan five-year period. The CIP will be one of the implementing tools of the City's Strategic Plan and General Plan. Parks and Recreation Facility Improvements CDBG funds may be used to improve and expand parks and recreation facilities that serve a majority low- and moderate -income population and those with special needs. Community Facilities National City may use CDBG funds to assist in the construction, expansion, and/or rehabilitation of other non -City owned community facilities serving the City's low - and moderate -income population and people with special needs. Attachment No. 3 6 Fire Equipment Protection against fire is a critical need in the community. CDBG funds have been leveraged in the past through a Section 108 loan to support new fire facilities and equipment. If the need for a third fire station is found, CDBG funds may be used to facilitate this project. Americans with Disabilities Act Community facilities should be accessible to all persons, including people with disabilities. Efforts should be made to remove barriers to facilities for people with disabilities. The CIP identifies improvements to be made with regard to ADA compliance. Five Year Objectives: • Pursue three improvement projects to parks, recreational, and community facilities annually, for a total of 15 projects during the five- year Consolidated Plan period. • Continue to prioritize repayment of the Section 108 loan. The City has allocated program income to pay the loan payment for the first three years of this Consolidated Plan period. CDBG funds, or as program income becomes available, will be allocated for the last two years of the Consolidated Plan period. Performance Measure: Suitable Living (SL)/Availability (1) Priority 8: Provide for Needed Infrastructure Improvements in Low - and Moderate -Income Areas In the City's low- and moderate -income areas, street and sidewalk improvements are needed to support continued investment in the areas. The public outreach efforts noted needed improvements to streets and alleys. In addition, General Plan initiatives to create neighborhood hubs would be facilitated by neighborhood and sidewalk improvements that provide safe routes through neighborhoods and to destinations. In addition, flood control projects have been identified as priorities, especially those located near parks to ensure safety and best use of available recreation space. Five Year Objectives: • Pursue three to four improvement projects to infrastructure annually, for a total of two flood control and 15 street improvement projects during the five-year Consolidated Plan period. Performance Measure: Suitable Living (SL)/Availability (1) Priority 9: Provide for Needed Community and Supportive Services The City may use CDBG funding to provide a variety of needed services to low- and moderate -income and special needs persons in the community. Priority service needs identified through the public outreach process include youth services, homeless and emergency food services, senior services, childcare, and crime prevention. The City has identified an especially high need for youth and crime awareness/prevention services. National City has a large youth population. Needed services include Attachment No. 3 7 recreational and after -school programs, child care programs, counseling services, and services for neglected/abused children, among others. In addition, public outreach for the Consolidated Plan identified crime prevention as a key priority. Crime prevention is a key component to ensuring a suitable living environment for National City's low- and moderate -income residents. Five Year Objectives: • Pursue public services for lower -income and special needs populations as identified on a yearly basis. Assist a total of 8,350 persons or households over the five-year Consolidated Plan period. Performance Measure: Suitable Living (SL)/Availability (1) Priority 10: Provide for Necessary Planning Activities To ensure the effective use of limited CDBG and HOME funds, the City must allocate money towards planning and monitoring. Preparation of annual updates allows the City to address the community's changing needs. Continued outreach to low- and moderate -income households should be conducted as part of the CDBG program's required public participation process. City staff should be abreast of current CDBG and HOME program requirements and future program development by attending trainings and meetings with related agencies. Up to 20 percent of CDBG funds and up to 10 percent of HOME funds can be used to support the general administration of the CDBG and HOME programs. The City uses a portion of this funding to facilitate the Neighborhood Councils Program. The Neighborhood Council Groups were established to provide the local citizenry the opportunity to voice their ideas and concerns regarding neighborhood issues. The result has enhanced public participation and has improved City responsiveness to local issues and concerns. Currently, seven Neighborhood Council Groups meet on a monthly basis. The Groups cover the neighborhoods of Northside, Granger, Central, Eastside, Olivewood, Sweetwater Heights, and Old Town. Objectives include: • Promoting and fostering participation and communication among neighborhood organizations, elected representatives, and city staff to facilitate the resolution of neighborhood problems • Creating partnerships between the City and its neighborhoods in order to provide neighborhoods with tools and resources for planning and development, which reflect their specific needs and values • Working to strengthen and coordinate City departments' responses to neighborhood problems and requests for help • Working to facilitate communication between the neighborhoods regarding common concerns • Sharing with the public, National City's organizational structure and its services • Encouraging and facilitating the rebuilding of stronger neighborhood involvement • Coordination with the Neighborhood Councils ensures that the City understands its housing and community development needs and addresses the changing needs. This group also helps ensure that public participation Attachment No. 3 8 related to CDBG and HOME activities involves residents throughout the City's low- and moderate -income neighborhoods. Five Year Objectives: • Annually review implementation of the Consolidated Plan and update the Action Plan and other components as necessary, but at least once per year. • Conduct monitoring of CDBG and HOME funded activities. • Ensure understanding of changing community needs through coordination with the Neighborhood Councils. • Support efforts to increase volunteerism in the community in order to assist in the removal of blight and increase community engagement. Performance Measure: Suitable Living (SL)/Availability (1) Attachment No. 4 turfaigWerrir Yam: PUBLIC NOTICE CITY OF NATIONAL CITY FIRST PUBLIC HEARING FOR THE DRAFT FISCAL YEAR (FY) 2011-15 CONSOLIDATED PLAN AND FY2011 ANNUAL ACTION PLAN In accordance with the federal regulations at 24 CFR, Part 91, the City of National City is required to prepare and submit a Five Year Consolidated Plan and an Annual Action Plan for its Housing and Community Development Entitlement Programs funded by the U.S. Department of Housing and Urban Development (HUD). The Five Year Plan outlines the City's housing and non -housing community development needs and priorities over the next five years. The Annual Plan for FY 2011 outlines how the City intends to spend approximately $1,099,075 in federal Community Development Block Grant (CDBG) and approximately $642.423 in federal HOME Investment Partnerships (HOME) Program funds. In addition to the funding sources noted above, the City anticipates reallocating an estimated $238,656 from previously funded CDBG activities. Notice is hereby given that the City National City Council will hold the first of two Public Hearings on Tuesday, March 16, 2010 at 6:00 p.m. The purpose of the Public Hearing is provide the opportunity for public comment on the needs and priorities identified for the Draft FY2011-15 Consolidated Plan and on City Council's recommendations for funding of the CDBG and HOME Program activities in FY2011. A second Public Hearing will be conducted on May 4, 2010 at the regularly scheduled City Council meeting to review public comments received during a 30-day public review period (March 29, 2010 through April 28, 2010) of the Draft FY2011-15 Consolidated Plan and FY2011 Annual Action Plan; and to provide interested persons and community groups with one last opportunity to share their thoughts regarding those Plans and the proposed FY2011 CDBG and HOME Program funding recommendations. After all public comments have been considered at the Public Hearing, City Council will adopt the Five -Year Consolidated Plan and the First -Year Action Plan. Public participation is an essential part in the development of the Five -Year Consolidated and Annual Action Plan. Interested persons and community groups are invited to attend and participate at these hearings. Both Public Hearings will be held at the City of National City, City Hall Council Chambers, located at 1243 National City Boulevard, National City, CA 91950. For more information regarding this process, please contact the Housing and Grants Division of the Community Development Department at (619) 336-4391. Hearing impaired persons please use the CAL Relay Service Number 711. Cit) facilities are wheelchair accessible. Please contact the City Clerk's Office at (619) 336-4228 to request a disability -related modification or accommodation. Notification 24-hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Asistencia en Espanol: Para que le interpreten la information en esparto], flame al (619) 336-4391. Chris Zapata, City Manager City of National City Publish: The San Diego Union Tribune Dates: March 3, 2010 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 16, 2010 AGENDA ITEM NO. 19 EM TITLE: Public Hearing — To Consider Certification of A Final Environmental Impact Report (FEIR), and Adoption of a Statement of Overriding Considerations (SOC) and A Mitigation Monitoring and Reporting Program (MMRP) Prepared to Assess and Mitigate Project Impacts of Adoption of the Westside Specific Plan and Related General Plan Amendments; and to Adopt the Westside Specific Plan, General Plan Amendments, and Zoning Designation Changes. (Applicant: City) (Case File 2007-34 GPA, ZC, SPA, EIR) PREPARED BY: Peggy Chapin\'V DEPARTMENT: Development Svcs/Planning. PHONE: 619-336-4319 APPROVED BY: EXPLANATION: The Planning Commission conducted a public hearing on March 2, 2010 to consider the Westside Specific Plan and the FEIR prepared to assess the impacts of implementation of the plan and zoning designation changes. The Commission considered all comments and voted to recommend certification of the EIR, adoption of the MMRP, Statement of Overriding Considerations, the General Plan Amendments, and Zone Change designations, and adoption of the Westside Specific Plan. The attached Background Report further describes the Westside Specific Plan, FEIR, MMRP, Statement of Overriding Considerations, and related General Plan Amendments and zoning designation changes. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS ENVIRONMENTAL REVIEW: An Environmental Impact Report (EIR) (SCH. #2008071092), Final EIR, Statement of Overriding Considerations (SOC), and Mitigation Monitoring and Reporting Program (MMRP) were prepared to assess impacts of adoption of the Westside Specific Plan. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Staff concurs with the decision of the Planning Commissiond recommends certification of the FEIR, and adoption of the SOC and MMRP, Westside Specific re ed GP amendments and zone changes. BOARD / COMMISSION RECOMMENDATION The Planning Commission recommended certification of the EIR, and adoption of the SOC and MMRP, and the Westside Specific Plan and related GP amendments and zone changes. ATTACHMENTS: lackground Report xisting Land Use Map and Proposed Land Use Map 3. List of Zone Changes 4. Resolutions Nos. 5-2010 (Including Findings and SOC) 5. Resolutions 6-2010, 7-2010 6. Draft Westside Specific Plan 7. Final EIR and MMRP 8. Draft Environmental Impact Report 9. Community Letters and Presentations BACKGROUND REPORT The Westside neighborhood, formerly known as Old Town, consists of approximately 100-acres bordered by West Plaza Boulevard to the north, 1-5 to the west, West 24th Street/Mile of Cars Way to the south, and Roosevelt Avenue to the east. The community had its beginnings in the early 1900s, evolving as a residential neighborhood with modest homes on small lots built for families affiliated with the waterfront and railroad industries. It was not until the 1940s that changes in zoning introduced small industrial businesses to the neighborhood. Today, auto services, light manufacturing, and warehouses are interspersed throughout the residential community of over 1,400 residents resulting in a combination of intense industrial uses, aging and neglected housing stock, and community concerns related to traffic, parking, noise, air quality, and hazardous materials exposure. Currently, there are approximately 421 single and multi -family residences supporting a population of approximately 1,457 residents, 142 industrial -related uses, and 17 commercial uses. Public uses and community facilities include Kimball Elementary School, Manuel Portillo Youth Center, St. Anthony's Church, and the City's Public Works Yard. Paradise Creek, part of a 1,190-acre watershed, is a natural functioning drainage flowing northeast to southwest through the plan area draining into Sweetwater River. Paradise Creek supports the Paradise Creek Educational Park and natural southern coastal marshland. In response to community concerns, the City embarked on preparing a Specific Plan to revitalize and improve the quality of life in the neighborhood. Four community workshops were conducted on February 16 and August 31, 2005, and on March 29, and September 20, 2006. Additionally there were several Council discussions including March 4 and March 18, 2008. The Westside Specific Plan has been prepared, which includes project objectives, zoning designations, design guidelines and standards, and a conceptual transit oriented development for the area north of W. 22nd Street, bordering Paradise Creek. An Environmental Impact Report has been prepared to assess the potential impacts of the project. The draft Westside Specific Plan and environmental analysis were presented to the Planning Commission on March 1, 2010. Twenty-three community members spoke, primarily expressing support of the Westside Specific Plan. The public comments included several members of the business community who expressed concern for protection of existing businesses. Additionally, representatives from the Environmental Health Coalition and other members of the community requested consideration of the following: 1. Formation of an Implementation Committee to participate in the amortization process, 2. Placing a 100-foot buffer from the creek for all new development, and 3. Designation of park impact fees (Quimby Act fees) collected for projects within the Westside area to be used for park purchase and development of parkland with the Westside area. The Planning Commission voted 7-0 to recommend approval of the draft Westside Specific Plan, General Plan Amendments and zoning changes, and Final Environmental Impact Report (FEIR), Mitigation Monitoring and Reporting Program (MMRP), and Findings and Statement of Overriding Considerations. 1 Protect Objectives The Westside Specific Plan is the culmination of the ideas that came out of the community workshops and meetings. During the community workshops and discussions, a central vision emerged: "Reestablish the Westside as a safe, healthy, and vibrant neighborhood where people engage in community life." To realize this vision, the Westside Specific Plan presents a collection of guiding principles. The guiding principles are as follows: • Respect and encourage single-family homes and small residential development. • Improve environmental health conditions for residents in the area. • Limit uses adjacent to Paradise Creek to restoration, passive recreation, and open space. • Enhance pedestrian safety and promote the walkability of the community. These guiding principles were used to develop the proposed project's objectives. A statement of project objectives is required by the CEQA Guidelines (Section 15124[b]) and is a fundamental part of the environmental analysis because the alternatives to the proposed project that are evaluated in an EIR must achieve, in whole or in part, the project's central underlying objectives. An alternative that does not meet the central project objectives need not be considered as an alternative to the proposed project. For the proposed project, the Westside Specific Plan's guiding principles have been converted to the following objectives: • Preserve and enhance the residential characteristics of the Westside. • Allow new residential development that is compatible with the neighborhood's traditional architecture, scale, and massing. • Allow new building heights up to five stories in the MCR-2 zone. • Allow mixed uses that increase neighborhood activity and engagement as well as create. a living environment where people can walk for goods, services, recreation, and transit. • Reduce co -location of housing with businesses that use, store, or generate hazardous materials. • Buffer housing from freeway emissions and noise. • Reduce environmental impacts on Paradise Creek. • Actively enforce the City's Municipal Code Section 18.108, Nonconforming Uses as part of the development review process for existing projects requiring permit renewals and for future proposed projects within the Westside Specific Plan area. Proposed General Plan Amendment and Zoning Designations One of the primary functions of the proposed project is to change the existing land use designations to focus on the residential character of the community and develop mixed uses that promote walkability and transit use. The land use plan focuses on retaining single-family neighborhoods with small lot sizes, rezoning to allow for areas of mixed residential and commercial uses, investing in transit -oriented development, and conserving and enhancing Paradise Creek as a valuable resource. The land use and zoning map attached depicts the proposed land uses, with the types and locations of various land uses that would be allowed on site. Lower -density residential uses 2 composed largely of single homes on individual lots would occupy the majority of land in the neighborhood in recognition of historic development patterns and in keeping with goals that reinforce the residential neighborhood character of the Westside. Smaller scale housing would be focused in the central portion of the plan area, and surrounding mixed uses would function as commercial -residential buffers by providing a gradual transition to full commercial or industrial uses outside the plan area, thereby contributing to a pleasant and healthy living environment. In this inner area, building heights reflective of existing one- and two-story homes would help to retain the Westside neighborhood's historic character. Three new zones are proposed in the Westside Specific Plan: • Residential Single Family (RS-4) A single-family residential zone permitting a minimum lot size of 2,500 square feet with a maximum height of 35 feet and three stories. • Multi -Use Commercial -Residential (MCR-1) • Multi -Use Commercial -Residential (MCR-2, including the transit oriented development) A mix of residential, commercial, and/or office uses permitted with a maximum height of 50 feet and three stories within the MCR-1 and 65-feet and 5 stories within the MCR-2. Within the MCR- 2 zone, a transit oriented development (TOD) is proposed for the Public Works yard and adjacent to Paradise Creek. The goals are to (1) transform the proposed property into affordable housing with linkages to the trolley station, (2) enhance Paradise Creek, and (3) create an "incubator" for job training for project tenants. The Westside Specific Plan would also utilize three citywide zoning districts established in the City's Land Use Code: • Limited Commercial (CL) As defined in the City's General Plan, the Limited Commercial Zone (CL) provides for small- scale, limited convenience retail shopping and art studios at the neighborhood level. • Civic Institutional (IC) The Civic Institutional Zone (IC) designates property accommodating public facilities such as schools, parks, and municipal buildings such as the community center. • Open Space Reserve (OSR) The Open Space Reserve (OSR) is intended primarily to preserve open space wetland areas and allows passive and active recreation including habitat restoration, trails and picnicking. The existing Public Works Yard currently zoned in the IC-OSR zone would be designated MCR-2 as described under the Transit Oriented Development subheading above. 3 Potential Buildout of Proposed Land Use Changes The table below gives the proposed acreage of each land use/zoning district and a 20-year new development projection achieving 75% of the maximum buildout. The Westside Specific Plan uses a 75% buildout calculation based on historic and projected growth rates for National City. age by Land Use/Zoning Districts and 20-Year New Development (Projected Land Use 20-Year New Development with 75% Buildout (Projected) Acres within Project Site Residential (dwelling units) Retail (square feet) Office (square feet) Single -Family Residential 19 204 N/A N/A Mixed -Use Commercial- Residential (MCR-1) 26 704 140,659 281,318 Mixed -Use Commercial- Residential (Smart Growth Center) (MCR-2) 23 938 375,442 375,443 Limited Commercial 23 N/A 376,086 752,171 Civic Institutional 4 N/A N/A N/A Open Space Reserve , 5 N/A N/A N/A TOTAL 100 1,846 892,187 1,408,932 Development Standards Since the Westside area is an urbanized area that is constrained by lot sizes, parking availability, etc., the draft plan provides specific guidelines and standards to allow for flexibility of development and redevelopment. The standards allow for reduced setbacks and increased height compared to elsewhere in the city. Mixed -use Commercial — Residential (MCR-1) and Limited Commercial (CL) would allow a reduced unit size of 600 square feet and maximum height of 50 feet and 3 stories. MCR-1. MCR-2 would allow a maximum height of 65 feet and five stories. Off-street parking would be based on unit size rather than bedrooms. A dwelling unit of less than 1,200 square feet would require one space and units over 1,200 square feet would require 1.5 spaces. Additionally, 50% of the required parking for a joint residential/commercial use may be shared parking through the discretionary permit process. Tandem parking may be used for 25% of the multi -family residential units. Code Compliance Committee 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). At the *direction of the City Council, a Code Compliance Committee was formed in 2008 to identify specific issues that impact the community. The following lists those concerns and provides specific resolution for future development and expansion as the plan is implemented. • Air Pollution caused by chemical (paint) spray, use of hazardous chemicals, and commercial trucks idling for long periods of time. 4 • Hazardous Materials caused by storage or accumulation of large quantities of hazardous materials adjacent to residential properties. • Parking issues caused by double parking or using street parking for storage of auto repair vehicles. • Outside Storage issues caused by large quantities of material, equipment, or debris and trash stored outside and visible to the community. • Noise generated from commercial uses during equipment operation, outside noise activity, and/or trucking idling. • Security issues related to the use of razor wire to secure a site not consistent with a neighborhood community. Nonconforming Uses Based on the issues presented, the committee developed a list of land uses (Appendix A of the Westside Specific Plan) that would be more compatible to the residential community and would not create obnoxious impacts listed above. New industrial uses (including auto body repair and auto services) would not be permissible within the residential area (RS-4 zone), and existing industrial uses would be non -conforming uses and subject to Municipal Code Section 18.108 and 18.108.100 (Substitution of Non -Conforming Uses) unless the use is included in the acceptable, nonimpactive uses listed in Appendix A. Those uses not listed in Appendix A would not be acceptable non -conforming uses for substitution, but would remain subject to the nonconforming use requirements, Land Use Code Section 18.108 and Section 3.6 of this plan. Environmental Impact Report As the proposed project may cause significant adverse environmental effects and potentially significant indirect, direct, and cumulative environmental effects, an Environmental Impact Report (EIR) was prepared in accordance with the Califomia Environmental Quality Act (CEQA) to assess these potential impacts of the project. The Draft EIR was circulated for public review for a period of 45 days, from November 3, 2009 to December 21, 2009. The EIR includes a Mitigation Monitoring and Reporting Program (MMRP) that identifies the environmental impacts and provides measures that will mitigate those impacts. Comments received on the adequacy of the environmental analysis presented in the EIR have been incorporated in the final EIR with a responses prepared to those comments. A Statement of Overriding Considerations will be required with the certification of the EIR, as discussed below. Preparation of the EIR included analysis on impacts to traffic, circulation, parking, air quality, noise, cultural resources, biological resources, community character and aesthetics, land use, population and housing, hazards and hazardous materials, and utilities and public services. In many instances, special studies were prepared to further analyze the potential impacts. These Impacts are identified and mitigation measures are provided in the MMRP (attached to the staff report). Six areas were determined to have potential significant impacts; biological resources, traffic, cultural resources, noise, hazards and hazardous materials, and air quality impacts, and are discussed below: Biological Resources The plan area supports some undeveloped areas; most notably Paradise Creek and potential impacts to the creek are regulated by U.S. Army Corps of Engineers (ASCE), California 5 Department of Fish and Game (CDFG), and the Regional Water Quality Control Board (RWQCB). The conceptual TOD development would be located adjacent to the creek. It alone would not result in the requirement of permits with the resource agencies unless there are identified impacts. As the plan for the TOD evolves, continued coordination with the resource agencies will occur through the planning process. In response to the draft EIR, a comment letter was jointly prepared by CDFG and Fish and Wildlife. The comment letter supported the plan and recommended a 100 foot buffer from the creek. Due to staff concerns the removal of a barrier and existing improvements would result in greater impacts to the creek, staff met with CDFG and ASCE to discuss these issues on February 9, 2010. Based on the proposed development, photos provided of the creek, and aerial mapping, the resource agencies felt that a definitive boundary was not necessary at this time; however, further coordination with the agencies was encouraged as the plan progresses. The MMRP includes a variety of measure to ensure that creek impacts would be minimized or reduced to less than significant including the following: • Habitat Assessment/Biology Report • Trail Restrictions • Install Fencing and Signage • Placement of Post Construction BMPs and Discharge of Water Runoff • Lighting Restrictions • Attenuation of Construction Noise • Attenuation of Operational Noise • Landscape Requirements • Use of Non -Reflective Glass • Limit on Building Heights Adjacent to Paradise Creek • Low Impact Development Water Quality and Hydrology Measures Traffic Impacts A traffic impact analysis was prepared to assess existing and potential future impacts on traffic and circulation. Traffic changes would result in impacts in the year 2030 at various intersections with or without the project and the project would contribute to a significant cumulative impact at the following intersections: • 1-5 north of Civic Center Drive • 1-5 between Civic Center Drive and 24th Street • 1-5 between 24th Street and SR 54 Since the Califomia Department of Transportation (Caltrans) does not have an existing impact fee program to mitigate cumulative impacts along the 1-5 South Corridor, there is no identified mitigation measure. Cultural Resources There are potentially historic buildings and structures within the plan area. Prior to demolition, of those structures that meet the Secretary of Interior's criteria of an historic resource, an historic evaluation would be conducted to determine if the resource is eligible for either State or local historical registers. 6 Noise Noise impacts are typically considered as "unwanted sound". The City's General Plan and Title 12 of the Municipal Code limits noise levels in the City. Currently the project area receives high noise levels due to traffic on 1-5, 1-15 and SR-54 freeways, National City Boulevard, and existing industrial uses. The proposed land use pattern would encourage office/commercial development bordering 1-5. Additionally, new development would install a wall and/or landscape berm adjacent to the 1-5 corridor. Construction activities, especially the use of heavy equipment, create short-term noise increase near the project. Construction activities include grading and building construction and would vary based on the size and duration of any new development or redevelopment. Noise attenuation measures would reduce construction and vibration noise levels to the greatest extent practicable through noise reduction measures; however, the noise levels would still exceed the City's noise ordinance standards, therefore the impacts would be potentially significant and unavoidable. Hazards/Hazardous Materials The hazardous materials record search confirmed the existence of soil and groundwater contamination due to existing and prior industrial and commercial uses. Prior to future project approvals, when there has been identified prior use of hazardous material and contaminants on site or in close proximity, Environmental Site Assessment(s) (Phase 1, II, III), shall be conducted and remediation employed which would reduce the impact to less than significant for the plan site proposed for development or redevelopment. Air Quality The Westside community has long been a neighborhood afflicted by a mixture of industrial uses in areas of close proximity to residences. The Westside neighborhood contains over 23,000 pounds of air toxics, of which roughly 70% of the reported toxics come from auto body shops located within the community. In Westside alone, 14% of the children have been diagnosed with asthma. An inventory conducted through an EPA granted identified 169 non-residential parcels within Westside, 70 of which have or produce or are known to possess hazardous substances. In addition, there are a number of land uses located in the industrialized area along the San Diego bay that pose health leas to the Westside area. These neighboring toxic air facilities produce over 10 tons of toxic air contaminant emissions last year. The project site lies within the San Diego Air Basin and is under the jurisdiction of the San Diego County Air Pollution Control District, which sets and enforces air pollution regulations. The San Diego Air Basin has been designated as not in attainment of State and federal standards. Impacts to air quality from the proposed project will result from construction equipment and ongoing emissions from trucks and vehicles entering the site. Since the San Diego Air Basin is in non -attainment, there are no feasible mitigation measures identified. Statement of Overriding Considerations The final EIR has identified that unavoidable significant and unavoidable adverse cumulative impacts would occur on air quality and climate change; noise; and traffic and circulation impacts. Section 15093(b) of the State CEQA Guidelines specifies that when the decision of the public agency approves a project that will result in the occurrence of significant impacts that are identified in the EIR but are not avoided or substantially lessened, the agency must state in writing the reasons to support its action based on the completed EIR and/or other information in the record. These reasons summarize the benefits, goals, and objectives of the proposed project. These overriding considerations of economic, social, environmental, and other benefits outweigh environmental costs and justify approval of the proposed project and certification of the EIR. Implementation of the Westside Specific Plan would further benefit the City of National City, as follows: A Statement of Overriding Considerations (SOC) has been prepared and included as part of the Resolution. The SOC reflects that the proposed project would meet the project objectives reestablishing the Westside as a safe, healthy, and vibrant neighborhood where people engage in community life. Gn 0 O O 600Z �egwaeoN • J(e/ sJea Io aIW National City Blvd VVilson Av Hardin. Av 0 cn N • Hoover Av )faed ilegwiN � "'- National Ci v Blvd NN a I Ii - _-_ _ [ .• Plaza Blvd .T. —"ter ax. 1 i_ 11thSt W. j l H1t o 12th St r ' 15th St * , i< 4F • 16th St —I" 17th St 1 I t I Feet 0 250 500 750 1,000 Civic Center Library Kimball Park Paradise Creek Educational Park t6 O Z Mile of Cars Way / Transit Onented Deveropment Overlay rrrz, Specific Plan Area go iv Community Corridors • [_-_ l Open Space Reserve - OSR Residential - Single Family - RS-a IkLxed Use Commercial - Residential - MCR-1 NM Mixed Use Commercial - Residential (Smart Growth Center) - MCR-2 r'—' Limited Commercial- CL Ci ncl nsliNionat-IC Commonly Center School ®�. Trolley Station Trolley Line / Railroad __::` Freeway Westside Specific Plan - Figure 3.1 Land Use Zoning and Community Corridors — ;I— November 2009 Westside Specific Plan Proposed Zone Changes Existing Zones CH - Heavy Commerical CT - Tourist Commercial IC - Civic Institutional ML - Light Manufacturing MLR - Light Manufacturing/Residential OS - Open Space Proposed Zones CL - Limited Commercial RS4 - Single -Family Residential MCR1 - Mixed Commercial Residential MCR2 - Mixed Commercial Residential (Smart Growth Center) OSR - Open Space Reserve IC - Civic Institutional Parcel No. (APN) Street Address Owner Name Existing Zone' Proposed Zane' 5551030300 327 W 11TH ST CAPTAIN B LTD PTNSHP MLR CL 5551030500 1032 COOLIDGE AVE CAPTAIN B LTD PTNSHP MLR CL 5551030600 1018 COOLIDGE AVE CAPTAIN B LTD PTNSHP MLR CL 5551030700 1010 COOLIDGE AVE CAPTAIN B LTD PTNSHP MLR CL 5551030900 COOLIDGE AVE CAPTAIN B LTD PTNSHP MLR CL 5551031400 321 W 11TH ST CAPTAIN B LTD PTNSHP MLR CL 5551031500 1037 HARDING AVE TATUS HAROLD R MLR CL 5551040100 1107 HARDING AVE EGLEY FAMILY LIVING TRUST MLR RS4 5551040200 326 W 11TH ST POWELL FAMILY TRUST MLR RS4 5551040300 1115 HARDING AVE POWELL FAMILY TRUST MLR RS4 5551040400 1131 HARDING AVE LOPEZ GEORGE&SYLVIA MLR RS4 5551040500 1135 HARDING AVE LOPEZ JORGE A&SYLVIA MLR RS4 5551040600 1143 HARDING AVE KOURY ADRIAN L MLR RS4 5551040700 329 W 12TH ST CERVANTES ROSA P MLR RS4 5551040800 327 W 12TH ST TERRONES ALBERT&ROSA MLR RS4 5551040900 1146 COOLIDGE AVE GONZALEZ MARGARITO&MARIA J MLR RS4 5551041000 1140 COOLIDGE AVE LIERAS FRANCISCO A MLR RS4 5551041100 1112 COOLIDGE AVE CAPTAIN B LTD PTNSHP MLR RS4 5551041200 COOLIDGE AVE CAPTAIN B LTD PTNSHP MLR RS4 5551041300 11TH ST POWELL FAMILY TRUST MLR RS4 5551041400 326 W 11TH ST POWELL FAMILY TRUST MLR RS4 5551041500 1104 COOLIDGE AVE REYES FERNANDO&GRACIELA MLR RS4 5551050500 1128 HARDING AVE VALDEZ FAMILY TRUST MLR CL 5551050600 HARDING AVE LOPEZ RAMON C MLR CL 5551050700 1124 HARDING AVE LOPEZ RAMON C MLR CL 5551051300 1110 HARDING AVE INGALLS ANNA M REVOCABLE TRUST MLR CL 5551051400 415 W 12TH ST VALDEZ JESUS MLR CL 5551110100 COOLIDGE AVE CAPTAIN B LTD PTNSHP MLR RS4 5551110200 1021 COOLIDGE AVE CAPTAIN B LTD PTNSHP MLR RS4 5551110300 1031 COOLIDGE AVE JACOBS GARY L MLR RS4 5551110400 235 W 11TH ST MACIAS CARMEN M MLR RS4 5551110500 229 W 11TH ST IZY&ALY INC MLR RS4 5551110600 HERMOSILLO ANDREW L MLR RS4 5551110700 231 W 11TH ST IZY&ALY INC MLR RS4 5551110800 1040 HOOVER AVE GONZALEZ FAMILY TRUST MLR RS4 5551110900 1036 HOOVER AVE GONZALEZ ROBERTO&MARGARITA MLR RS4 5551111000 1028 HOOVER AVE HERMOSILLO ANDREW L MLR RS4 5551111100 1024 HOOVER AVE CASTILLO EUSEBIO&MARIA R FAMILY TRUST MLR RS4 5551111200 1018 HOOVER AVE ANDRADE ADAN G&LETICIA MLR RS4 5551111300 1014 HOOVER AVE JIMENEZ EVA M MLR RS4 5551111400 1004 HOOVER AVE ROJAS JOSE O MLR RS4 5551111500 214 W PLAZA BLVD ESPINOZA LUIS A MLR RS4 5551111600 224 W PLAZA BLVD CAPTAIN B LTD PTNSHP MLR RS4 5551120100 140 W PLAZA BLVD CAMPOS JUANITA TRUST MLR RS4 5551120200 1015 HOOVER AVE ANDREWS JACK MLR RS4 5551120300 132 W PLAZA BLVD GONZALES EDWARD R TRUST MLR RS4 5551120400 126 W PLAZA BLVD MORRIS EDUVIJES MLR RS4 5551120500 1019 HOOVER AVE BRISENO AURORA M TRUST MLR RS4 5551120600 BRISENO AURORA MLR RS4 5551120700 1027 HOOVER AVE KUHNS RODNEY C&AURORA MLR RS4 5551120800 141 W 11TH ST OCHOA JUAN&VIRGINIA MLR RS4 5551120900 123 W 11TH ST OCHOA J ROGELIO&MARIA G MLR RS4 5551121000 121 W 11TH ST SERRATO HERIBERTO MLR RS4 5551121400 1024 ROOSEVELT AVE WESTERN LATIN AMERICAN DISTRICT MLR MCR1 5551121500 1018 ROOSEVELT AVE WESTERN LATIN AMERICAN DISTRICT MLR MCR1 5551121600 110 W PLAZA BLVD BEAUCHAMP FAMILY TRUST MLR MCR1 5551121700 1032 ROOSEVELT AVE SAN DIEGO GAS&ELECTRIC CO MLR MCR1 5551150100 138 W 11TH ST PARTIDA ROMAN&MARIA MLR RS4 5551150200 130 W 11TH ST QUILL LIVING TRUST MLR RS4 5551150300 1117 HOOVER AVE RUBIO ROBERT&LUCILA A MLR RS4 5551150400 1123 HOOVER AVE MONTGOMERY CLIME N MLR RS4 5551150500 1127 HOOVER AVE TELLO CARLOS R MLR RS4 5551150600 1135 HOOVER AVE ARAIZA GONZALO S&TRINIDAD ESTELLA MLR RS4 5551150700 137 12TH ST ARRINGTON FRANK V&LINNEA TRS MLR RS4 5551150800 127 W 12TH ST MONTELLANO LILIA A MLR RS4 5551151100 1120 ROOSEVELT AVE TOPETE SANTOS C&CHAVEZ MARIA L P MLR MCR1 5551151200 124 W 11TH ST LOZANO JUAN N MLR RS4 5551151300 1112 ROOSEVELT AVE JUAREZ YOLANDA B MLR MCR1 5551151400 110 W 11TH ST TOPETE SANTOS MLR MCR1 5551151500 1122 ROOSEVELT AVE MORGAN SERVICES INC MLR MCR1 5551160100 234 W 11TH ST IZY&ALY INC MLR RS4 5551160200 1111 COOLIDGE AVE IZY&ALY INC MLR RS4 5551160300 1121 COOLIDGE AVE PENROSE FAMILY TRUST MLR RS4 5551160400 1129 COOLIDGE AVE MYRES D KEITH&PAULA F FAMILY TRUST MLR RS4 5551160500 1131 COOLIDGE AVE MYRES D KEITH&PAULA F FAMILY TRUST MLR RS4 5551160600 227 W 12TH ST HERNANDEZ ELOISE C MLR RS4 5551160700 1140 HOOVER AVE RAMIREZ YOLANDA A MLR RS4 5551160800 1130 HOOVER AVE CHURCH OF GOD OF PROPHECY THE MLR RS4 5551161100 1106 HOOVER AVE CAPTAIN B LTD PTNSHP MLR RS4 5551161200 1120 A&B HOOVER AVE BEAUCHAMP ALTON B TR MLR RS4 5590320600 423 CIVIC CENTER DR CORONA JUVENAL MLR CL 5590320700 1240 HARDING AVE EDDLEMAN EUGENE&RACHEL MLR MCR2 5590320800 1234 HARDING AVE QUIROZ SERGIO&IRENE MLR MCR2 5590320900 1228 HARDING AVE CORNEJO FRANK G MLR MCR2 5590321000 1222 HARDING AVE SANCHEZ RODOLFO R&MARIA G MLR MCR2 5590321100 420 W 12TH ST BEAUCHAMP ALTON B TR MLR CL 5590321500 1214 HARDING AVE DIBELLA EMMA TRUST MLR MCR2 5590321600 1202 HARDING AVE CHAN SALVADOR C&FIDELA C MLR MCR2 5590321800 430 W 12TH ST VILLARINO ERNEST R JR&CORAL R MLR CL 5590321900 CIVIC CENTER DR MYERS&MYERS MLR CL 5590322000 1215 WILSON AVE HANKINS W R MLR CL 5590322100 WILSON AVE PACIFIC BELL WIRELESS <LF> HANKINS W R MLR CL 5590330100 328 W 12TH ST OCHOA YSMAEL MLR MCR2 5590330200 338 W 12TH ST RUIZ LEON V&MAGDALENA A MLR MCR2 5590330300 HARDING ST WELDING MARIA G H MLR MCR2 5590330400 1221 HARDING AVE ESPINOZA DANIEL MLR MCR2 5590330600 339 CIVIC CENTER DR RAMOS MICHAEL J MLR MCR2 5590330800 325 CIVIC CENTER DR HAGLUND HERMAN A&CONSUELO MLR MCR2 5590330900 319 CIVIC CENTER DR MEDINA PERLA R TRUST MLR MCR2 5590331000 1248 COOLIDGE AVE EISENHART TERRY L TRUST MLR MCR2 5590331100 1228 COOLIDGE AVE SEVILLA YOLANDA MLR MCR2 5590331200 1218 COOLIDGE AVE SEVILLA YOLANDA N MLR MCR2 5590331300 1212 COOLIDGE AVE DAUGHN LIVING TRUST MLR MCR2 5590331600 326 12TH ST FIRST CHRISTIAN SPIRITUALIST CHURCH MLR MCR2 5590331700 333 CIVIC CENTER DR LONEY WAYNE W MLR MCR2 5590340100 1305 HARDING AVE STANLEY TRUST MLR MCR2 5590340200 326 CIVIC CENTER DR STANLEY TRUST MLR MCR2 5590340300 HARDING AVE STANLEY TRUST MLR MCR2 5590340400 1323 HARDING AVE ROCHA JOSE&ISABEL MLR MCR2 5590340500 1329 HARDING AVE CASILLAS LIVING TRUST MLR MCR2 5590340600 1331 HARDING AVE ORTEGA DULCE H MLR MCR2 5590340700 329 W 14TH ST FONSECA JOSEFINA R MLR MCR2 5590340800 321 W 14TH ST TANJUAQUIO CONRADO B MLR MCR2 5590340900 1340 COOLIDGE AVE PEREZ CECILIO M MLR MCR2 5590341000 1332 COOLIDGE AVE GONAZLES EDWARD R TRUST MLR MCR2 5590341300 324 CIVIC CENTER DR DEWEY RENTAL CO MLR MCR2 5590341400 320 CIVIC CENTER DR ATSUS JOSEPH MLR MCR2 5590341500 1316 COOLIDGE AVE ALAMO DRIVE LIMITED PARTNERSHIP MLR MCR2 5590350400 1323 WILSON AVE CERVANTES FAMILY TRUST MLR MCR2 5590350500 1329 WILSON AVE CERVANTES FAMILY TRUST MLR MCR2 5590350600 1341 WILSON AVE POTTER WILLIAM A MLR MCR2 5590350700 417 W 14TH ST BARRAZA MARTIN R JR TR MLR MCR2 5590350800 1336 HARDING AVE FOWLER ETHEL M MLR MCR2 5590350900 1330 HARDING AVE FLORES ANTONIO MLR MCR2 5590351000 1326 HARDING AVE MYRES J VERNON&JEAN A MLR MCR2 5590351100 1322 HARDING AVE MYRES J VERNON&JEAN A MLR MCR2 5590351200 MYRES JOHN V MLR MCR2 5590351300 HARDING AVE MYRES J VERNON&JEAN A MLR MCR2 5590351400 402 CIVIC CENTER DR BAZZI YACOUB Y&AMERA 0 MLR MCR2 5590351500 1305 WILSON AVE MYRES JOHN V MLR MCR2 5590611300 UNION PACIFIC RAILROAD CO MLR CL 5590611400 CAVADIAS STEPHEN&TULA J MLR CL 5590611500 1300 WILSON AVE CAVADIAS FAMILY TRUST MLR CL 5590620100 1413 WILSON AVE GALLEGOS J MICHAEL&OLGA M TRS MLR MCR1 5590620200 1419 WILSON AVE AGUIRRE ALBERTO V&VASQUEZ MARIA D MLR MCR1 5590620300 1427 WILSON AVE CASTILLON CLAUDIA MLR MCR1 5590620400 1429 WILSON AVE WEST FRED FAMILY TRUST MLR MCR1 5590620500 1440 HARDING AVE JIMENEZ FRANCISCO L&CARMEN F MLR RS4 5590620600 1428 HARDING AVE RODRIGUEZ JOSE J MLR RS4 5590620700 HARDING AVE ARRINGTON FRANK V&LINNEA TRS MLR RS4 5590620800 1414 HARDING AVE LEDESMA ARNOLDO&SANDRA MLR MCR1 5590620900 1408 HARDING AVE CITY OF NATIONAL CITY MLR MCR1 5590630400 1441 HARDING AVE CITY OF NATIONAL CITY MLR RS4 5590630500 1440 COOLIDGE AVE CIOE NOVELLA B DISCLAIMER TRUST MLR RS4 5590630600 COOLIDGE AVE CIOE NOVELLA B DISCLAIMER TRUST MLR RS4 5590630700 1420 COOLIDGE AVE PROCTOR JOHN S&HELENA G MLR RS4 5590630800 1410 COOLIDGE AVE PROCTOR JOHN S&HELENA G MLR MCR1 5590631200 HARDING AVE FRASER HARRY C TR MLR RS4 5590631300 1411 HARDING AVE R&H PROPERTIES L P MLR MCR1 5590631400 1404 COOLIDGE AVE IBASCO FAMILY TRUST MLR MCR1 5590640100 1507 HARDING AVE CAMACHO FERNANDO&LOPEZ PAULA MLR RS4 5590640200 1511 HARDING AVE MARTINEZ GREGORY L MLR RS4 5590640300 1515 HARDING AVE TORRES INEZ A MLR RS4 5590640400 1525 HARDING AVE TIRADO JAVIER MLR RS4 5590640800 323 W 16TH ST MERCADO JOSE L&ERNESTINE B MLR RS4 5590640900 1538 COOLIDGE AVE CABALLERO SANTA <LE> KAUFMAN LARRY MLR RS4 5590641000 1532 COOLIDGE AVE GONZALEZ MANUEL MLR RS4 5590641100 1524 COOLIDGE AVE JIMENEZ JOSE&NICOLASA MLR RS4 5590641200 1520 COOLIDGE AVE ENRIGUEZ CARLOS F&MARIA E MLR RS4 5590641300 1512 COOLIDGE AVE MANOCCHIO ALEC J MLR RS4 5590641400 312 W 15TH ST ESTUDILLO ERNEST G&RACHEL M MLR RS4 5590641500 1506 COOLIDGE AVE OROZCO ROSENDO&GUILLERMINA MLR RS4 5590641600 339 W 16TH ST LEYVA CONCEPTION D MLR RS4 5590650100 426 W 15TH ST NELLANS MILAN J III TR MLR MCR1 5590650200 1515 WILSON AVE WEST FRED FAMILY TRUST MLR MCR1 5590650300 1523 WILSON AVE VANDEVENTER JESSIE TR & SHARON M TR MLR MCR1 5590650400 1533 WILSON AVE HANKINS WILLIAM R MLR MCR1 5590650500 W 16TH ST HANKINS WILLIAM R MLR MCR1 5590650600 1540 HARDING AVE GROSVENTRE BILL&CARMEN MLR RS4 5590650700 DEBACA ARTHUR E&GLORIA M MLR RS4 5590650800 1524 HARDING AVE APALDETTI JORGE E&SILVIA MLR RS4 5590650900 1510 HARDING AVE CESENA VICTOR R SR MLR RS4 5590651300 1508 HARDING AVE CESENA VICTOR R&MARCIA M MLR RS4 5590812000 1636 WILSON AVE WEST FRED FAMILY TRUST MLR CL 5590812200 500 W 16TH ST EXPO INDUSTRIES INC MLR CL 5590820100 1609 WILSON AVE ARAGON LIVING TRUST MLR MCR1 5590820200 1619 WILSON AVE YING MARIA C MLR MCR1 5590820300 1633 WILSON AVE VASQUEZ FRANCISCO &ALICIA T FAM TRUST MLR MCR1 5590820400 1643 WILSON AVE TINSAY REYNALDO G MLR MCR1 5590820500 1640 HARDING AVE PINEDA FAMILY TRUST MLR RS4 5590820600 1630 HARDING AVE RETANA JOHN H&IRMA T REV TRUST MLR RS4 5590820700 1624 HARDING AVE SAFLEY C FRANK JR MLR RS4 5590820800 420 W 16TH ST SERNA ALFREDO MLR RS4 5590820900 414 W 16TH ST LUXOR TRUST MLR RS4 5590821000 404 W 16TH ST MCKELLIPS LORETTA MLR RS4 5590830100 1607 HARDING AVE MUNOZ ROSA Q MLR RS4 5590830200 1623 HARDING AVE REYES PAULINE 2006 TRUST MLR RS4 5590830300 1625 HARDING AVE FERNANDEZ ALEJANDRA T MLR RS4 5590830600 1640 COOLIDGE AVE CORDOVA FRED&GLORIA FAMILY TRUST MLR RS4 5590830700 1630 COOLIDGE AVE LEVINE FAMILY TRUST MLR RS4 5590830800 1624 COOLIDGE AVE RIEGER ELIACER TRUST MLR RS4 5590830900 1618 COOLIDGE AVE RIEGER ELIACER TRUST MLR RS4 5590831000 1612 COOLIDGE AVE RIEGER ELIACER TRUST MLR RS4 5590831100 1606 COOLIDGE AVE LIEBERS FAMILY TRUST MLR RS4 5590831400 1675 HARDING AVE MORENO EDWARD MLR RS4 5590840100 1705 HARDING AVE SANCHEZ LIVING TRUST MLR RS4 5590840200 1707 HARDING AVE VILLEDA JUAN I MLR RS4 5590840300 1725 HARDING AVE VONDERBEECK FAMILY TRUST MLR RS4 5590840400 1729 HARDING AVE CRUZ ROMAN MLR MCR1 5590840500 323 W 18TH ST CALDERON PALEMON MLR MCR1 5590840600 319 W 18TH ST ELGUEZABAL BENJAMIN H&LORNA M MLR MCR1 5590841000 1722 COOLIDGE AVE ALVAREZ JOSE A&WENDY S L MLR -RS4 5590841100 1714 COOLIDGE AVE HERNANDEZ FAVIO R MLR RS4 5590841200 320 W 17TH ST HOWELL DORIS L TR MLR RS4 5590841300 314 W 17TH ST VILLANUEVA CARLOS H&MARIA C MLR RS4 5590841500 1732 COOLIDGE AVE WALTON FAMILY 2000 TRUST MLR MCR1 5590850100 1707 WILSON AVE OROZCO FRANCISCO V&CONSUELO C MLR MCR1 5590850200 1711 WILSON AVE COLIN ALBERTO MLR MCR1 5590850300 1713 WILSON AVE ZAZUETA MOISES&CLARA E MLR MCR1 5590850400 1721 WILSON AVE PINEDO RAMON H&GABINA C MLR MCR1 5590850500 1727 WILSON AVE ADRIANZEN JUANA P MLR MCR1 5590850600 LIPOVSKY ANDREA G REVOCABLE TRUST MLR MCR1 5590850700 427 W 18TH ST LIPOVSKY ANDREA G REVOCABLE TRUST MLR MCR1 5590850800 405 W 18TH ST CITY OF NATIONAL CITY MLR MCR1 5590850900 1728 HARDING AVE RODRIGUEZ RENE A MLR MCR1 5590851000 1726 HARDING GUZMAN ROBERTO MLR RS4 5590851100 1720 HARDING _AVE AVE JUAREZ CARLOS B&BERTHA P MLR RS4 5590851200 1712 HARDING AVE CAMACHO OFFELIA D MLR RS4 5590851300 1702 HARDING AVE ALAMO DRIVE LIMITED PARTNERSHIP MLR RS4 5590860300 1726 WILSON AVE COMARTIN DAVID P MLR CL 5590860400 506 W 17TH ST JACKSON FAMILY TRUST MLR CL 5590860500 1726 WILSON AVE COMARTIN ROBERT T MLR CL 5590861200 17TH ST COMARTIN ROBERT T MLR CL 5590861300 1726 WILSON AVE COMARTIN ROBERT T MLR CL 5591010200 1840 WILSON AVE HORN DENNIS&ELSA MLR CL 5591010500 1838 WILSON AVE ROMERO JOHN P MLR CL 5591010600 1828 WILSON AVE SANDOVAL CELIA M MLR CL 5591010700 1818 WILSON AVE BAUTISTA JOE&VERONICA MLR CL 5591010800 1812 WILSON AVE HERNANDEZ ALICE MLR CL 5591010900 1836 WILSON AVE LUJAN FAMILY TRUST MLR CL 5591011300 WILSON ST ROMAN CATHOLIC BISHOP OF SAN DIEGO MLR CL 5591020100 440 W 18TH ST AGUIRRE JESUS&LINDA K MLR MCR1 5591020400 1821 WILSON AVE VILLA BERTA MLR MCR1 5591020500 1827 WILSON AVE THOMPSON HATTIE TR MLR MCR1 5591020600 WILSON AVE ROMAN CATHOLIC BISHOP OF SAN DIEGO MLR MCR1 5591020700 ROMAN CATHOLIC BISHOP MLR MCR1 5591020800 1839 WILSON AVE ROMAN CATHOLIC BISHOP MLR MCR1 5591020900 421 W 19TH ST AMADOR SALVADOR JR&MONREAL LUZ M MLR MCR1 5591021000 419 W 19TH ST ROYBAL MARIE E TRUST MLR MCR1 5591021800 410 18TH ST ROMAN CATHOLIC BISHOP OF SAN DIEGO MLR MCR1 5591030100 NATIONAL SCHOOL DISTRICT IC IC 5591040200 1915 HARDING AVE VILLA MARIA G MLR MCR2 5591040300 1929 HARDING AVE MACIAS FAMILY TRUST MLR MCR2 5591040500 SAFLEY C FRANK JR&DEBORAH MLR MCR2 5591041000 CITY OF NATIONAL CITY MLR OSR 5591041100 COOLIDGE SAFLEY C FRANK JR&DEBORAH MLR MCR2 5591041300 1903 HARDING AVE CARTER PATRICK A&MARTHA MLR MCR2 5591041400 302 W 19TH ST SAFLEY C FRANK JR&DEBORAH MLR MCR2 5591041500 COOLIDGE AVE SAFLEY C FRANK JR&DEBORAH MLR MCR2 5591050100 1905 WILSON AVE TORRES ANTONIO&GENEVIEVE MLR MCR1 5591050300 1925 WILSON AVE PONIENTE ABRAHAM J JR&JOSEFINA B MLR MCR1 5591050400 1931 WILSON AVE TORRES ALEXANDER J MLR MCR1 5591050500 1945 WILSON AVE MISSIONARY CHURCH OF GOD IN CHRIST MLR MCR1 5591050600 1932 HARDING AVE GILLINGHAM DAVID R&SUSAN D MLR MCR1 5591050700 1924 HARDING AVE GILLINGHAM DAVID R&SUSAN D MLR MCR1 5591050800 1916 HARDING AVE LOPEZ NORBERTO B&YOLANDA MLR MCR1 5591050900 412 W 19TH ST GONZALES FAMILY TRUST MLR MCR1 5591051000 1915 WILSON AVE GARCIA ROSA M MLR MCR1 5591051100 1913 WILSON AVE RIOS GUMERSINDO MLR MCR1 5591060200 1940 WILSON AVE VERDUZCO JORGE E&MATILDE MLR CL 5591060300 1934 WILSON AVE TINSAY REYNALDO G MLR CL 5591060400 1928 WILSON AVE NUNO DAVID&OFELIA MLR CL 5591060500 1918 WILSON AVE CRUZ AURORA H MLR CL 5591060600 1914 WILSON AVE MEZA DONACIANO MLR CL 5591060700 1912 WILSON AVE MEZA DONACIANO MLR CL 5591060800 1900 WILSON AVE GOLD RAFAEL&SUSANA MLR CL 5591061700 525 W 20TH ST NATIONAL CITY WEST SELF STORAGE L L C MLR CL 5591210300 2040 WILSON AVE AYALA FRANCISCO M&MARGARITA V MLR CL 5591210400 2032 WILSON AVE SPENST MITCHEL D&LORNA M MLR CL 5591210500 2024 WILSON AVE SPENST MITCHEL D&LORNA M MLR CL 5591210600 2014 WILSON AVE DEMARA ARMANDO J MLR CL 5591210700 2004 WILSON AVE MISSIONARY CHURCH OF GOD IN CHRIST MLR CL 5591211500 2050 WILSON AVE SPENST MITCHEL D&LORNA M MLR CL 5591220100 2005 WILSON AVE HERNANDEZ NATALIE MLR MCR2 5591220200 2011 WILSON AVE MARTINEZ ROSARIO C MLR MCR2 5591220300 2013 WILSON AVE SOLANO SILVESTRE MLR MCR2 5591220400 WILSON AVE WEST FRED FAMILY TRUST MLR MCR2 5591220500 21ST ST WEST FRED FAMILY TRUST MLR MCR2 5591220600 W 21ST ST WEST FRED FAMILY TRUST MLR MCR2 5591220700 2026 HARDING AVE WEST FRED FAMILY TRUST MLR MCR2 5591220800 2024 HARDING AVE RIOS YESENIA D MLR MCR2 5591220900 2022 HARDING AVE GARCIA JOSE S&MARIA H MLR MCR2 5591221000 2018 HARDING AVE GARCIA FRANCISCO A EST OF MLR MCR2 5591221100 420 W 20TH ST ALEMAN EVARISTO&ANA M REV TRUST MLR MCR2 5591221500 2006 HARDING AVE PAINE ROSIBEL MLR MCR2 5591240500 CITY OF NATIONAL CITY IC MCR2 5591250900 2101 WILSON AVE HANKINS WILLIAM R MLR MCR2 5591251000 2119 WILSON AVE SEVILLA CARLOS S&TERESA G MLR MCR2 5591251300 2137 WILSON AVE FLEMING STEVEN L&LOIS T MLR MCR2 5591251400 2145 WILSON AVE ARRIAGA NATALIA G TR MLR MCR2 5591251500 CITY OF NATIONAL CITY MLR MCR2 5591251600 420 W 21ST ST REYES JULIAN&ROSE M MLR MCR2 5591251700 2127 WILSON AVE DOMINGUEZ NATIVIDAD TRUST MLR MCR2 5591260400 SAN DIEGO METROPOLITAN TRANSIT MLR CL 5591260500 SAN DIEGO METROPOLITAN TRANSIT MLR CL 5591260600 2120 WILSON AVE KRAUSE TOM A&FONG MLR CL 5591260700 2104 WILSON AVE BLEIER FAMILY REVOCABLE TRUST MLR CL 5591261200 SAN DIEGO METROPOLITAN TRANSIT MLR CL 5591261800 HARBOR DR NATIONAL CITY WEST SELF STORAGE L L C MLR CL 5591261900 SAN DIEGO METROPOLITAN TRANSIT MLR CL 5591411000 SAN DIEGO METROPOLITAN TRANSIT OS CL 5591411100 SAN DIEGO METROPOLITAN TRANSIT OS CL 5591420600 CITY OF NATIONAL CITY ML MCR2 5591420700 WILSON AVE VILLARUEL RENE M&FLOSERFINA J ML MCR2 5591470700 MILES OF CARS WAY SAN DIEGO METROPOLITAN TRANSIT CT CL 5591470800 517 MILES OF CARS WAY SAN DIEGO METROPOLITAN TRANSIT CT CL 5600110100 240 W 12TH ST OLIVA JOVITA R TR MLR MCR2 5600110200 1215 COOLIDGE AVE TERRONES ALBERTO L&ROSA A MLR MCR2 5600110300 1225 COOLIDGE AVE MUNOZ LUCIO H&LUCINA MLR MCR2 5600110400 1227 COOLIDGE AVE DAVENPORT FAMILY TRUST MLR MCR2 5600110500 223 CIVIC CENTER DR CAPTAIN B LTD PTNSHP MLR MCR2 5600110600 CAPTAIN B LTD PTNSHP MLR MCR2 5600110700 1240 HOOVER AVE CAPTAIN B LTD PTNSHP MLR MCR2 5600111000 1212 HOOVER AVE FIEDLER DAVID M&NICOLA M MLR MCR2 5600111100 1206 HOOVER AVE FIEDLER DAVID M&NICOLA M MLR MCR2 5600111200 224 W 12TH ST GOLDEN HARRIS&SANDRA FAMILY TRUST MLR MCR2 5600111300 1228 HOOVER AVE FIEDLER DAVID M&NICOLA M MLR MCR2 5600120100 1205 HOOVER AVE MEDINA PORFIRIA MLR MCR2 5600120200 1215 HOOVER AVE MAMERTO FAMILY TRUST MLR MCR2 5600120300 1217 HOOVER AVE MORALES JESUS MLR MCR2 5600120400 1225 HOOVER AVE LEE LAI F TRUST MLR MCR2 5600120500 1231 HOOVER AVE SALDANA RAQUEL MLR MCR2 5600120600 135 CIVIC CENTER DR KAFAJI RIYADH&ISAQI RANA MLR MCR2 5600120700 W 13TH ST KHAIREDDIN MARWAN J&HIAM M MLR MCR2 5600120800 1238 ROOSEVELT AVE KHAIREDDIN MARWAN J&HIAM M MLR MCR2 5600120900 1224 ROOSEVELT AVE WILKERSON FAMILY TRUST MLR MCR2 5600121000 1212 ROOSEVELT AVE DAVIS CHARLES M JR TR MLR MCR2 5600150100 134 CIVIC CENTER DR FUGATE DANIE M MLR MCR2 5600150200 1317 HOOVER AVE DELGADO JESUS M&CONSUELO C MLR MCR2 5600150300 1333 HOOVER AVE BARAJAS LIVING TRUST MLR MCR2 5600150400 1335 HOOVER AVE GONZALEZ MARISOL MLR MCR2 5600150500 1339 HOOVER AVE CAPTAIN B LTD PARTNERSHIP MLR MCR2 5600150600 BARAJAS LIVING TRUST MLR MCR2 5600150700 1340 ROOSEVELT AVE BARAJAS LIVING TRUST MLR MCR2 5600150800 1338 ROOSEVELT AVE BARAJAS LIVING TRUST MLR MCR2 5600150900 1328 ROOSEVELT AVE HERNANDEZ FAMILY TRUST MLR MCR2 5600151000 1322 ROOSEVELT AVE PURA GERALDINE N TR MLR MCR2 5600151100 122 CIVIC CENTER DR CASTRO MARIA D J MLR MCR2 5600151200 ROOSEVELT AVE ESPINOSA LIVING TRUST MLR MCR2 5600151300 1304 ROOSEVELT AVE ESPINOSA LIVING TRUST MLR MCR2 5600160100 224 CIVIC CENTER DR QUIROZ CASAS FAMILY 2003 TRUST MLR MCR2 5600160200 1309 COOLIDGE AVE ZUNIGA SIXTO&NESTORA MLR MCR2 5600160300 1315 COOLIDGE AVE CLEMENS JOHN E TR (TRUST C) MLR MCR2 5600160400 1319 COOLIDGE AVE RIVAS GUADALUPE MLR MCR2 5600160500 1329 COOLIDGE AVE MURGUTA LUIS&SOLEDAD MLR MCR2 5600160600 1333 COOLIDGE AVE GARCIA FAMILY TRUST MLR MCR2 5600160700 1341 COOLIDGE AVE DAVID ANGELICA G MLR MCR2 5600160900 1324 HOOVER AVE SAMALA EDILBERTO MLR MCR2 5600161000 1320 HOOVER AVE SAMALA EDILBERTO S MLR MCR2 5600161100 218 CIVIC CENTER DR MANGAT LAURO JR&NONILUNA A MLR MCR2 5600161200 208 CIVIC CENTER DR BOSTROM WALTER R JR&PATRICIA A MLR MCR2 5600161300 1340 HOOVER AVE CZARNOWSKI ROBERT MCR2 5600161400 1332 HOOVER AVE CZARNOWSKI ROBERT MCR2 5600161500 328 HOOVER AVE CZARNOWSKI ROBERT MCR2 5600610100 1411 COOLIDGE AVE CLEMENS JOHN E TR (TRUST B) MLR MCR1 5600610200 1419 COOLIDGE AVE GERRISH LIVING TRUST MLR MCR1 5600610300 1425 COOLIDGE AVE KARAM JEAN A MLR RS4 5600610400 1429 COOLIDGE AVE ESTRADA JUAN&ROSA MLR RS4 5600610500 1433 COOLIDGE AVE SCAPPATICCI FAMILY TRUST MLR RS4 5600610600 1437 COOLIDGE AVE GUDINO RAUL&AURORA MLR RS4 5600610700 1441 COOLIDGE AVE U S BANK NATIONAL ASSOCIATION TR MLR RS4 5600610800 225 W 15TH ST SENTER FAMILY TRUST MLR RS4 5600611100 1424 HOOVER AVE MARTINEZ FAMILY TRUST MLR RS4 5600611200 1416 HOOVER AVE ZANKIEWICZ LIVING REVOCABLE TRUST MLR MCR1 5600611300 1400 HOOVER AVE BAXTER ROBERT C&BARBARA A FAM TRUST MLR MCR1 5600611400 220 W 14TH ST FLAGSTAD TIMOTHY G&SUSAN C MLR MCR1 5600611500 1430 HOOVER AVE SENTER FAMILY TRUST MLR RS4 5600620100 1407 HOOVER AVE SHEPPARD MICHELE MLR MCR1 5600620200 126 W 14TH ST DELGADO ANTONIO J MLR MCR1 5600620300 1419 HOOVER AVE PEREZ EVARISTO A MLR MCR1 5600620400 1427 HOOVER AVE MORELOS FRANCISCA MLR RS4 5600620500 1431 HOOVER AVE VARGAS RODOLFO&ALBERTA MLR RS4 5600620600 1435 HOOVER AVE GAO JU YING MLR RS4 5600620700 1441 HOOVER AVE BAYLISS BETTY A REVOCABLE 2007 TRUST MLR RS4 5600620800 1437 HOOVER AVE SOLIS CLEOTILDE G MLR RS4 5600620900 127 W 15TH ST BIRRUETA ANTONIA MLR RS4 5600621000 1430 ROOSEVELT AVE ZOUNES WILLIAM P&KAREN F TRS MLR MCR1 5600621100 1428 ROOSEVELT AVE ZOUNES WILLIAM P&KAREN F TRS MLR MCR1 5600621200 1414 ROOSEVELT AVE ZOUNES WILLIAM P&KAREN F TRS MLR MCR1 5600621300 116 W 14TH ST BELLO JUAN L&CARMELITA G MLR MCR1 5600621400 1404 ROOSEVELT AVE ALVAREZ JOSEPHINE A REVOCABLE TRUST MLR MCR1 5600650100 1505 HOOVER AVE BEAUCHAMP ALTON B TR MLR RS4 5600650200 HOOVER AVE BEAUCHAMP ALTON B TR MLR RS4 5600650300 1527 HOOVER AVE ARANA HERMILIO&GUADALUPE MLR RS4 5600650400 1529 HOOVER AVE WEST FRED FAMILY TRUST MLR RS4 5600650500 131 E 16TH ST LANDON LIVING TRUST MLR RS4 5600650600 1540 ROOSEVELT AVE DOAN HAI MINH&DINH LYNN LIEN MLR MCR1 5600650700 1518 ROOSEVELT AVE ARMSTRONG ELTON L LIVING TRUST MLR MCR1 5600650800 1516 ROOSEVELT AVE CARLISLE FAMILY TRUST MLR MCR1 5600650900 1514 ROOSEVELT AVE CUEVAS ARTURO R&MARY F REV TRUST MLR MCR1 5600651000 104 W 15TH ST CUEVAS ARTURO R&MARY F REV TRUST MLR MCR1 5600660100 230 W 15TH ST MENDOZA JUANA E MLR RS4 5600660200 228 W 15TH ST M&B REAL PROPERTIES L L C MLR RS4 5600660300 1521 COOLIDGE AVE KUYKENDALL ROBERT S&NANCY K MLR RS4 5600660400 1531 COOLIDGE AVE ASPERIN JOEL M MLR RS4 5600660500 1541 COOLIDGE AVE MENDOZA ALICIA MLR RS4 5600660800 221 W 16TH ST RICHARDS ROBERT J&EFFIE E REV TRUST MLR RS4 5600661100 1516 HOOVER AVE GONZALEZ LUIS&GRACIELA 0 MLR RS4 5600661200 1508 HOOVER AVE JA HALL L L C MLR RS4 5600661300 HOOVER AVE JA HALL L L C MLR RS4 5600661400 HOOVER AVE FALCON JULIAN M&ROSIE Q MLR RS4 5600661800 1524 HOOVER AVE FALCON JULIAN M&ROSIE Q MLR RS4 5600662100 225 16TH ST KANGAS FAMILY TRUST MLR RS4 5601410100 1605 COOLIDGE AVE ROSENFELD VIRGIL&ELLEN FAMILY TRUST MLR RS4 5601410200 1615 COOLIDGE AVE GARCIA PABLO MLR RS4 5601410300 1625 COOLIDGE AVE BARTOLINI SERGIO TR& REGINA H TR MLR RS4 5601410600 1618 HOOVER AVE CAPTAIN B LTD PTNSHP MLR RS4 5601410700 1602 HOOVER AVE CAPTAIN B LTD PTNSHP MLR RS4 5601410800 1640 HOOVER AVE BEAUCHAMP ALTON B TR MLR RS4 5601420100 228 W 17TH ST VARGAS JUAN C&YESENIA MLR RS4 5601420200 1713 COOLIDGE AVE MARTIN RONALD G&PATRICIA S MLR RS4 5601420300 1727 COOLIDGE AVE LEE LAI F TRUST MLR RS4 5601420800 1724 HOOVER AVE LEON LEONOR MLR RS4 5601420900 1712 HOOVER AVE WEST FREDERICK W MLR RS4 5601421000 1706 HOOVER ST WEST FRED FAMILY TRUST MLR RS4 5601421300 1729 COOLIDGE AVE HURRELL MICHAEL&LAURA MLR MCR1 5601421400 201 W 18TH ST MORGAN LEE J&NELLIE E TRUST A MLR MCR1 5601430200 HOOVER AVE WEST FRED FAMILY TRUST MLR MCR1 5601430300 HOOVER AVE WEST FRED FAMILY TRUST MLR MCR1 5601432200 WEST AVE J R P AUTO CENTER INC MLR MCR1 5601432500 5 W 18TH ST J R P AUTO CENTER INC CH MCR1 5601432600 5 W 18TH ST J R P AUTO CENTER INC CH MCR1 5601432700 141 W 18TH ST JOHNSON DANA REVOCABLE TRUST MLR MCR1 5601433600 ROOSEVELT AVE WEST FRED FAMILY TRUST MLR MCR1 5601433700 105 W 18TH ST WEST COAST RADIATOR INC MLR MCR1 5601433800 1601 HOOVER AVE JOHNSON DANA REVOCABLE TRUST MLR MCR1 5601433900 1616 WEST AVE JOHNSON DANA REVOCABLE TRUST MLR MCR1 5601440100 1610 NATIONAL CITY BLVD COLONIAL FORD CH MCR1 5601440200 1610 NATIONAL CITY BLVD COLONIAL FORD CH MOR1 5601440300 1712 NATIONAL AVE COLONIAL FORD CH MCR1 5602010100 304 W 18TH ST NATIONAL SCHOOL DISTRICT IC IC 5602020100 140 W 18TH ST PHOMSAVANH SAYHEUNE MLR CL 5602020400 108 W 18TH ST REID EXEMPTION TRUST MLR CL 5602020600 ROOSEVELT AVE REID EXEMPTION TRUST MLR CL 5602020700 CITY OF NATIONAL CITY MLR OSR 5602020800 CITY OF NATIONAL CITY MLR OSR 5602020900 1814 ROOSEVELT AVE DODSON-MORGAN L L C MLR CL 5602050300 1919 ROOSEVELT AVE U F 0 ENTERPRISES II MLR CL 5602060300 CITY OF NATIONAL CITY IC OSR 5602060500 HOOVER AVE ILLES FAMILY TRUST MLR MCR2 5603910500 CITY OF NATIONAL CITY IC OSR 5603910800 CITY OF NATIONAL CITY IC MCR2 5603911000 2020 HOOVER AVE ILLES FAMILY TRUST MLR MCR2 5603921100 2000 ROOSEVELT AVE PEARSON PROPERTIES L P MLR CL 5603950300 2121 HOOVER AVE RANCHO DEL RIO ENTERPRISES L L C MLR CL 5603950500 127 W 22ND ST ROCKWELL EDWARD H&BEVERLY A MLR CL 5603950800 2100 ROOSEVELT AVE MICKELSON ERICK&THEODA MLR CL 5603950900 2100 ROOSEVELT AVE MICKELSON ERICK&THEODA MLR CL 5603951000 CITY OF NATIONAL CITY MLR CL 5603951100 2122 ROOSEVELT AVE ROCKWELL EDWARD H&BEVERLY A MLR CL 5603951200 2135 HOOVER AVE MCCUNE RICHARD S JR MLR CL 5603951300 2145 HOOVER AVE MCCUNE RICHARD S JR MLR CL 5603960600 CITY OF NATIONAL CITY IC MCR2 5623405400 401 MILES OF CARS WAY WELLS FARGO BANK / GREGO JOSEPH TR ML MCR2 5623405500 W 24TH _ST WELLS FARGO BANK ML MCR2 5623406600 24TH ST WELLS FARGO BANK ML MCR2 5623406700 24TH ST WELLS FARGO BANK ML MCR2 RESOLUTION NO. 05-2010 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, RECOMMENDING ACTION TO CERTIFY A FINAL ENVIRONMENTAL IMPACT REPORT, ADOPT THE MITIGATION MONITORING AND REPORTING PROGRAM, AND ADOPT THE STATEMENT OF OVERRIDING CONSIDERATIONS PREPARED TO ASSESS AND MITIGATE PROJECT IMPACTS OF ADOPTION OF THE WESTSIDE SPECIFIC PLAN AND RELATED GENERAL PLAN AMENDMENTS AND ZONE CHANGE DESIGNATIONS RESULTING IN REZONING FROM LIGHT MANUFACTURING — RESIDENTIAL AND CIVIC INSTITUTIONAL - OPEN SPACE RESERVE TO MULTI -USE COMMERCIAL (MCR-1, MCR-2), LIMITED COMMERCIAL, RESIDENTIAL SINGLE-FAMILY, CIVIC INSTITUTIONAL, AND OPEN SPACE RESERVE ZONING DESIGNATIONS. CASE FILE NO. 2007-34 GPA, ZC, SPA, EIR. ENVIRONMENTAL IMPACT REPORT SCH# 2008071092 WHEREAS, the Planning Commission of the City of National City considered a Final Environmental Impact Report, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations prepared to assess and mitigate the project impacts of adoption of the Westside Specific Plan and related General Plan Amendments and zone change designations resulting in General Plan Amendment and zoning changes to redesignate the approximately 100-acre Westside Specific Plan Area from Light Manufacturing -Residential and Civic Institution -Open Space Reserve to Multi -use Commercial Residential (MCR-1, MCR-2), Limited Commercial, Residential Single -Family, Civic Institutional, and Open Space Reserve within an area west of Interstate-5 and east of National City Boulevard, north of Mile of Cars Way and south of Plaza Boulevard on March 1, 2010, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File No. 2007-34 GPA, ZC, SPA, EIR, which is maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, the Planning Commission have caused and duly held studies and proceedings for the timely amendment to the General Plan of the City of National City, pursuant to Title 7, Chapter 3, Article 6 of the Government Code of the State of California, and WHEREAS, the Planning Commission at a duly advertised public hearing held on March 1, 2010, considered the proposed amendment to the General Plan and zoning changes, and the Westside Specific Plan of the City of National City, along with all evidence and testimony presented at said hearing, and along with the Environmental Impact Report to assess project impacts of approving the General Plan Amendment and zone changes and adopting the Westside Specific Plan together with any comments received; and WHEREAS, the Planning Commission recognizes the need and desirability to conduct reviews of, and consider amendments to, the General Plan to accommodate the changing needs of the community. NOW, THEREFORE BE IT RESOLVED that the Planning Commission certifies it has reviewed and considered the information contained in the Final Environmental Impact, and recommends the City Council, at a future public hearing, certify the Final Environmental Impact Report based on the following findings: WHEREAS, this action is taken pursuant to all applicable procedures required by state law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on March 1, 2010, support the following findings of fact and the Findings and Statement of Overriding Considerations that are attached hereto and incorporated within as Exhibit A: FINDINGS FOR CERTIFYING THE FINAL ENVIROMENTAL IMPACT REPORT The Final Environmental Impact Report (FEIR) has been prepared in accordance with the California Environmental Quality Act. 2. The Planning Commission has reviewed and considered the information in the FEIR before approving the project. 3. The FEIR reflects the City's independent judgment and analysis. 4. The Planning Commission has considered the environmental impact report together with any comments received during the public review process and the responses. 5. On the basis of the whole record, including the Initial Study, written comments, and responses, there is substantial evidence that the project will have a significant effect on the environment. 6. Based on the FEIR and the analysis provided therein, a Mitigation Monitoring and Reporting Program (MMRP), fully contained within Attachment A of the "FEIR and Mitigation Monitoring and Reporting Program" and attached herein as Exhibit B, has been prepared to assess the potential environmental impacts and identifies impacts that can be mitigated to avoid or substantially lessened below a level of significant impact_ 7. The mitigation measures that have been identified as feasible mitigation measures that will mitigate impacts to below a level of significant impact in the MMRP, fully contained in Exhibit B, have been incorporated into the Mitigation Monitoring and Report Program for the Westside Specific Plan. All the identified feasible mitigation measures will be incorporated in future development discretionary applications as conditions of approval and are enforceable through the permit conditions. 8. The Findings of Fact contained in Chapters 1 through 4 of Exhibit A, and in particular the Findings Regarding Significant Environmental Effects contained in Chapter 3 of Exhibit A, are incorporated herein as though fully set forth. 9. The alternatives proposed are each rejected, as explained in the FEIR, because they do not meet the project objectives and that the No Project Alternative (Alternative 1) results in continued co -location of housing with businesses uses that store, or generate hazardous materials; that the No Mixed -use Alternative (Alternative 2) and the Reduced Buildout Alternative (Alternative 3) would reduce project impacts associated with air quality and traffic, but would not meet project objectives for smart growth by not providing services and employment opportunities; and that the Retain and Expand Industrial Uses Alternative (Alternative 4) would not achieve any of the goals of the project which emphasizes residential characteristics and smart growth. The additional findings contained in Chapter 4 of Exhibit A, are incorporated herein as though fully set forth_ 10. The documents and other materials that constitute the record of proceedings on which the Planning Commission based its findings and recommendations to the City Council to certify the Final Environmental Impact Report are located at the City of National City, 1243 National City Boulevard, National City. The custodian for these documents is the City Clerk of the City of National City. This information is provided in compliance with Public Resources Code Section 15091(e). BE IT FURTHER RESOLVED that the Planning Commission recommends adoption of the Statement of Overriding Considerations contained in Chapter 5 of Exhibit A, incorporated herein as though fully set forth, stating why the projects' benefits override and outweigh its unavoidable impacts. BE IT FURTHER RESOLVED that the Planning Commission recommends adoption of the Mitigation Monitoring and Reporting Program, attached hereto as Exhibit B. BE IT FURTHER RESOLVED that the Planning Commission has considered the proposed Final Environmental Impact Report, Findings of Fact, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations prepared to assess the impacts of adoption of the Westside Specific Plan and related General Plan Amendment and Zone Change designations, and that together with any comments received during the public review process, in making these findings on the basis of the whole record and any comments. BE IT FURTHER RESOLVED that the Final Environmental Impact Report is recommended to be certified, and the Mitigation Monitoring and Reporting Program and Statement of Overriding Considerations are recommended for approval. BE IT FINALLY RESOLVED that this Resolution shall become effective and final 20 days after Planning Commission action, unless an appeal in writing is filed with the City Clerk prior to 5:30 p.m. on the twentieth day following the Planning Commission action. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedures Section 1094.6_ CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of March 1, 2010, by the following vote: AYES: DELAPAZ, FARIAS, ALVARADO, BACA, PRUITT, REYNOLDS, FLORES NAYS: ABSENT: ABSTAIN: (19 HAIR N Resolution No. 05-2010 Exhibit A Findings of Fact and Statement of Overriding Considerations Westside Specific Plan Environmental Impact Report (SCH #2008071092) Table of Contents Chapter 1 Introduction 1-1 Chapter 2 Project Description 2-1 Overview 2-1 Land Use Plan 2-1 Zoning Districts 2-2 Single -Family Residential Zone 2-3 Mixed -Use Commercial -Residential Zones 2-3 Limited Commercial Zone 2-4 Civic Institutional Zone 2_4 Open Space Reserve 2_4 Floodway Overlay 2-5 Additional Plan Components 2-5 Required Approvals 2-6 Chapter 3 Findings Regarding Significant Environmental Effects 3-1 Overview 3-1 Findings on Significant Environmental Effects 3-2 Air Quality 3-2 Noise 3-16 Traffic and Circulation 3-23 Biological Resources 3-25 Cultural Resources 3-32 Hazards and Hazardous Materials 3-38 Chapter 4 Findings on Project Alternatives 4-1 Overview 4-1 CEQA Project Objectives and Section Criteria 4-2 Alternative 1—No Project Alternative 4-2 Finding 4-3 Facts in Support of Finding 4-3 Alternative 2—No Mixed -Use Alternative 4-3 Finding 4-3 Facts in Support of the Finding 4-3 Alternative 3—Reduced Buildout Alternative 4-4 Finding 4-4 Facts in Support of the Finding 4-4 I Vestside Specific Plan Findings of Fact and Statement of Overriding Considerations February 2010 ICFJ&S 440.08 City of National City Table of Contents Alternative 4—Retain and Expand Industrial Uses Alternative 4-5 Finding 4-5 Facts in Support of the Finding 4-5 Environmentally Superior Altemative 4-5 Summary Finding 4-6 Chapter 5 Statement of Overriding Considerations 5-1 Tables Table Page 2-4 Acreage by Land Use/Zoning Districts and 20-Year New Development (Projected) 2-2 4-1 Comparison of Project Alternative Impacts to Significant Proposed Project Impacts 4-6 Westside Specific Plan Findings of Fact and Statement of Overriding Considerations February 2010 ICFJ8S 440 08 City of National City Table of Contents Acronyms DPR Department of Parks and Recreation ESA Environmental Site Assessment HEPA high efficiency particulate air HVAC heating, ventilation, and air conditioning ML-PD Light Manufacturing Planned Development MLR Light Manufacturing Residential MTS Metropolitan Transit System's TOD transit oriented development Westside Specific Plan Findings of Fact and Statement of Overriding Considerations February 2010 ICFJas 440.08 Chapter 1 Introduction This Findings of Fact and Statement of Overriding Considerations document comprises five chapters. Chapter 1, Introduction, provides background information as to the purpose of the document. Chapter 2, Project Description, provides a description of the proposed project. Chapter 3, Findings Regarding Significant Environmental Effects, presents the significant effects associated with the project. Chapter 4, Project Alternatives, provides a brief discussion of other alternatives that were evaluated in the environmental impact report (EIR). Finally, Chapter 5, Statement of Overriding considerations, is provided for those adverse effects that cannot be feasibly mitigated or avoided, even with the adopted mitigation measures. Mitigation measures are referenced in the mitigation monitoring and reporting program (MMRP) adopted concurrently with these findings and will be effectuated through the process of constructing and implementing the project. Except as otherwise noted, the findings reported in the following pages incorporate the facts and discussions of environmental impacts that are found in the final environmental impact report (final EIR) for the Westside Specific Plan, February 2010, as fully set forth therein. These findings constitute the decision - makers' rationale and support for their decision under the requirements of the California Environmental Quality Act (CEQA). For each of the significant project or cumulative impacts associated with the project, the following information is provided: • Description of Significant Effect A specific description of each significant environmental impact identified in the final EIR (e.g. Impact AQ-1 a); • Proposed Mitigation- Mitigation measures or actions that are proposed for implementation as part of the project (e.g. MM AQ-1 a); • Finding —The findings made are those allowed by Section 21081 of the California Public Resources Code (PRC). For impacts found to be significant, one of three specific findings is made, in accordance with the statement of acceptable findings provided in Section 15091 of the State CEQA Guidelines; and Westside Specific Plan Findings of Fact and Statement of Overriding Considerations 1-1 February 2010 ICFJ&S 440,08 City of National City 1.0 Introduction • Rationale for Finding --A summary of the reasons for the decision. Pursuant to Section 21081.6 of the California PRC and Section 15097 of the State CEQA Guidelines, a MMRP must be adopted to ensure the efficacy of proposed mitigation measures. The MMRP for the Westside Specific Plan is appended to the final EIR, presented for adoption together with these Findings of Fact and Statement of Overriding Considerations. The Record of Proceedings for the City of National City's decision on the proposed project consists of the following documents, at a minimum: • The Notice of Preparation (NOP) and all other public notices issued by the City of National City; • A public scoping meeting held on July 30, 2008; • Continent letters received on the NOP and public scoping meeting included as Appendix A of the draft E1R; • The draft EIR for the Westside Specific Plan and all technical appendices (November 2009); • All comments submitted by agencies or members of the public during the 48- day comment period on the draft EIR; • All comments and correspondence submitted to the City of National City with respect to the project, in addition to timely comments on the draft EIR; • The final EIR for the Westside Specific Plan, including comments received on the draft EIR, responses to those comments, errata, and technical appendices; • The MMRP for the project; • All findings and resolutions adopted by the City in connection with the Westside Specific Plan and all documents cited or referred to therein; • All reports, studies, memoranda, maps, staff reports, or other planning documents relating to the project prepared by the City, consultants to the City, or responsible or trustee agencies with respect to the City's compliance with the requirements of CEQA and with respect to the City's action on the Westside Specific Plan; • All documents submitted to the City by other public agencies or members of the public in connection with the Westside Specific Plan, up through the completion of the final EIR; • Matters of common knowledge to the City, including, but not limited to, federal, state, and local laws and regulations; • Any other materials required for the record of proceedings by Public Resources Code Section 21 1 67.6, subdivision (e)- Westside Specific Plan Findings of Fact and Statement of Overriding Considerations 1-2 February 2010 ICFJ&S 440.08 Overview Chapter 2 Project Description The City of National City proposes a General Plan Amendment, Rezone, and Specific Plan to guide the future development of the Westside neighborhood in response to conflicts between the neighborhood's current land uses. Because many of the existing industrial uses are incompatible with the existing residential uses, there has been a growing concern related to air quality emissions, traffic and parking congestion, noise levels, and the release of hazardous materials. In an attempt to minimize these adverse effects as the community grows, the proposed Westside Specific Plan includes strategies for amortizing uses that would no longer be permitted with the proposed land use changes, primarily auto body shops and auto repair shops. Details of the Westside Specific Plan are provided below. Land Use Plan One of the primary functions of the proposed project is to change the existing land use designations to focus on the residential character of the community and develop nixed -uses that promote walkability and transit use. The land use and zoning map illustrated in Figure 2-4 of the draft EIR depicts the proposed land uses, with the types and locations of various land uses that would be allowed on site. Lower -density residential uses composed largely of single homes on individual lots would occupy the majority of land in the neighborhood in recognition of historic development patterns and in keeping with goals that reinforce the residential neighborhood character of the Westside. Smaller scale housing would be focused in the central portion of the plan area, and surrounding mixed uses would function as commercial -residential buffers by providing a gradual transition to full commercial or industrial uses outside the plan area, thereby contributing to a pleasant and healthy living environment. In this inner area, building heights reflective of existing one- and two-story homes would help to retain the Westside neighborhood's historic character. In contrast to prior land use policy and zoning, new industrial uses (including auto body repair and auto services) would not be permissible within the residential area (RS-4 zone), and existing industrial uses would be non -conforming uses and subject to Municipal Westside Specific Plan Findings of Fact and Statement of Overriding Considerations 2-1 February 20I0 ICFJBS 440.08 City of National City 2.0 Project Description Code Section 18.108 and 18.108.100 (Substitution of Non -Conforming Uses) unless the use is included'in the acceptable, nonimpactive uses listed within the Westside Specific Plan. Table 2-4 below gives the proposed acreage of each land use/zoning district and a 20-year new development projection achieving 75% of the maximum buildout. The Westside Specific Plan uses a 75% buildout calculation based on historic and projected growth rates for National City. Table 2-4. Acreage by Land Use/Zoning Districts and 20-Year New Development (Projected) Land Use 20-Year New Development with 75% Buildout (Projected) Acres within Project Site Residential (dwellingunits) ) Retail (square feet) Office (square feet) Single -Family Residential 19 204 N/A N/A Mixed -Use Commercial- Residential (MCR-1) 26 704 140,659 281,318 Mixed -Use Commercial- Residential (Smart Growth Center) (MCR-2) 23 938 375,442 375,443 Limited Commercial 23 N/A 376,086 752,171 Civic Institutional 4 N/A N/A N/A Open Space Reserve 5 N/A N/A N/A TOTAL 100 1,846 892,187 1,408,932 Zoning Districts Figure 2-4 of the draft FIR also depicts the zoning districts regulating land use and development within the plan area. Three new zones arc proposed in the Westsidc Specific Plan: • Residential Single Family-4 (RS-4) • Multi -Use Commercial -Residential (MCR-1) • Multi -Use Commercial -Residential (Smart Growth Center) (MCR-2) The Westside Specific Plan would also utilize three citywide zoning districts established in the City's Land Use Code: • Limited Commercial (CI,) • Civic Institutional (IC) • Open Space Reserve (OSR) Westside Specific Plan Findings of Fact and Statement of Overriding Considerations 2-2 February 2010 ICFJ& S 440.08 City of National City 2.0 Project Description Use regulations and development standards for the proposed and citywide zones are discussed in Section 3.7, "Land Use and Planning," of the draft EIR_ Descriptions of the purpose and intent of the proposed and citywide zones for the Specific Plan Area are provided below. Single -Family Residential Zone The proposed project would potentially develop up to 204 new single-family homes that would contribute an additional estimated population of 6,384 residents by 2030. This component would be included in the new single-family zoning designation, Residential Single-Family-4 (RS-4), which would permit lot sizes at a minimum of 2,500 square feet with a 35-foot height limitation. Similar to the existing development pattern within the Westside neighborhood, housing would be oriented to the street. In addition, building setbacks and the shape and form of new development would reflect existing residential development patterns in the plan area. Mixed -Use Commercial -Residential Zones The Westside Specific Plan proposes two types of mixed -use commercial residential zones: MCR-1 and MCR-2 (Smart -Growth Center). These zones would be applied generally to areas bordering the RS-4 residential zone, to allow for transitions to downtown and commercial areas, and would facilitate a neighborhood retail and service district focused around Civic Center Drive. Building heights would be limited to three stories for the MCR-1 zone, and five stories for the MCR-2 zone. A mix of residential, commercial, and office uses would be allowed within these zones; however, mixed uses would not be required within individual buildings and/or projects, with the exception of the blocks fronting Civic Center Drive where retail and neighborhood services would be required on the ground floor, and offices and/or housing would be required on the upper floors. Transit Oriented Development (TOD) The Westside Specific Plan also explores the effects of redeveloping the Public Works yard and surrounding area into a transit -oriented infill affordable housing project. The goals for this transit oriented development (TOD) are to (1) transform the proposed property into affordable housing with linkages to the 24th Street Metropolitan Transit System Trolley Station; (2) enhance Paradise Creek and ensure the expansion of the Paradise Creek Education Park; and (3) prepare and provide facilities and ongoing program management for an "incubator" that would provide training and services that assist project tenants in more effectively pursuing home ownership and higher paying jobs. The 14-acre TOD area would be located Westside Specific Plan Findings of Fact and Statement of Overriding Considerations 2-3 February 2010 ICFJBS 440 O8 City of National City 2.0 Project Description within the MCR-2 zone. The zone allows residential uses at a maximum density of 45 dwelling units per net acre and would seek to achieve a minimum of 30 employees per acre. At maximum buildout, the arca would support 360 dwelling units, 295,000 to 450,000 gross square feet of office space, and 45,000 to 65,000 gross square feet of retail space (not including existing development). The project - specific development may include an adult educational center within the TOD area and relocation of the public works yard. Limited Commercial Zone As defined in the City's General Plan, the Limited Commercial Zone (CL) provides for small-scale, limited convenience retail shopping at the neighborhood level. This designation also provides for compatible residential development, limited to no more than 1 unit per 1,900 square feet of lot area. This zone is included in the Westside Specific Plan to provide an area of office and commercial space designed to buffer the residential uses from the freeway. Civic Institutional Zone The Civic Institutional Zone (IC) designates property accommodating public facilities such as schools, parks, and municipal buildings such as the community center. The Westside Specific Plan includes this zone to recognize and accommodate the assembly of nonprofit quasi -public and private facilities into efficient, functionally compatible, and attractively planned administrative centers, medical and retirement centers, cultural centers, educational institutions, multi -family housing, and similar uses. Open Space Reserve The Open Space Reserve (OSR) is intended primarily to preserve open space wetland areas and allows passive use of the land for nature study, trails, and picnicking purposes, as well as active recreation. The Westside Specific Plan includes this zone to help preserve Paradise Creek, located in the southeastern portion of the plan area, and to enhance the Paradise Creek Educational Park. Additionally, areas may be designated as OSR as part of the TOD development around the park or as park sites are identified or become available. The existing Public Works Yard currently zoned in the OSR zone would be converted to MCR-2 as described under the Transit Oriented Development subheading above. Westside Specific Plan Findings of Fact and Statement of Overriding Considerations 2-4 February 2010 ICFJBS 440.08 City of National City 2.0 Project Description Floodway Overlay The National City General Plan and Land Use Code establish the Floodway Overlay to avoid creation of new or increased flooding risks associated with Paradise Creek (Figure 2-4 of the draft FIR). Per these regulations, proposed development cannot be approved without demonstration that the new buildings will neither be subject to flooding nor create new flooding hazards. Additional Plan Components Paradise Creek Educational Park Paradise Creek, located in the southeastern portion of the plan area, is recognized as a valuable wetland resource and would be preserved within an open space easement. The creek serves as a valuable resource from water quality, wildlife habitat, and aesthetic perspectives. The Westside Specific Plan encourages expanding Paradise Creek Educational Park with additional public amenities such as trails, benches, and both passive and active recreational uses, and restoring native vegetation. Circulation and Parking The circulation and parking plan for the Westside neighborhood would build on the established street grid, freeway access, and transit facilities of the area. The existing street grid of the neighborhood is ideal for safe walking due to small block size, multiple routes to single locations, and legibility from the regular north -south and cast -west orientation of intersecting streets. Section 3.1, "Traffic, Circulation. and Parking," details the circulation and parking upgrades that would be required for the proposed project. Community Corridors To encourage multi -modal transit, bikeways would be constructed as part of development, with improvements to roadways designated as Community Corridors, and/or with Capital Improvement Projects. Streetscape improvements would include decorative lighting, benches, enhanced crosswalks, and traffic calming amenities to encourage walking within the community to the transit station, parks, school, library, and downtown. Westside Specific Plan Findings of Fact and Statement of Overriding Considerations 2-5 February 2010 ICFJ&S 440.08 City of National City 2.0 Project Description Infrastructure and Public Services The Westside Specific Plan would coordinate infrastructure and public service planning with the proposed land use changes in the Westside neighborhood to ensure there is adequate capacity to meet the demands of planned development. An initial assessment of water, sewer, and stormwater infrastructure was completed as part of the proposed project. Availability of public services such as schools and fire and police services was also examined. Results from these assessments are clearly defined in Section 3.10, "Utilities and Public Services," of the draft EAR. Required Approvals Project approval will require the following actions by the City of National City: • Approval of a General Plan Amendment • Approval to rezone from Light Manufacturing Residential (ML-R) to the Residential Single -Family Zone (RS-4) • Approval to adopt the Mixed Use Commercial -Residential (MCR-1) zone designation and rezone from ML-R to MCR-1 • Approval to adopt the Mixed Use Commercial -Residential (Smart Growth Center) (MCR-2) zone designation and rezone from ML-R to MCR-1 • Approval to rezone from ML-R to the Limited Commercial (CL) zone along the major roadways • Approval to rezone from ML-R to the Open Space Reserve (OSR) zone near Paradise Creek • Approval to rezone from ML-R to the Civic Institutional (IC) zone to preserve the existing Kimball School • Approval of West Avenue Closure between W 16th Street and W 18`h Street • Approval of the Westside Specific Plan Westside Specific Plan Findings of Fact and Statement of Overriding Considerations 2-6 February 2010 ICFJ&S 440 08 Overview Chapter 3 Findings Regarding Significant Environmental Effects The final FIR identified several significant environmental effects that could indirectly result from the implementation of the Westside Specific Plan. Indirect and cumulative significant unavoidable adverse impacts would occur in the following resource areas: • Air Quality (Indirect and Cumulative); • Noise (Indirect and Cumulative); and • Traffic and Circulation (Cumulative only). Indirect impacts in the following resource areas can be reduced to less -than - significant Ievets through the implementation of feasible mitigation measures: • Biological Resources; • Cultural Resources; and • Hazards and Hazardous Materials. Implementation of the project would have less -than -significant impacts or no impacts on the following resources (without mitigation): • Aesthetics; • Agriculture; • Geology and Soils; • Land Use and Planning; • Mineral Resources; • Population and Housing; • Recreation; Westside Specific Plan Findings of Fact and Statement of Overriding Considerations 3-1 February 2010 ICFJ&S 440 08 City of National City 3.0 Findings Regarding Significant Effects • Utilities and Public Services; and • Water Quality and Hydrology. These impacts are outweighed by overriding considerations, as set forth in Chapter 5, below. Findingson Significant Environmental Effects Air Quality For a full discussion of air quality impacts, see Chapter 3.2 of the Westside Specific Plan Draft FIR and any revisions contained in Chapter 3 of the final EIR_ Impact AQ-la: Construction Impacts Despite the potential variability in construction emissions and schedules, there are a number of feasible control measures that can be reasonably implemented to reduce ozone and PM 10/PM2.5 emissions during construction; these measures are summarized in Mitigation Measure MM AQ-la. However, given the lack of specifics regarding construction activities, construction -related emissions related to Impact AQ-la would be significant and mitigation is required. Proposed Mitigation MM AQ-la: Fugitive Dust and Exhaust Control Measures. The SDAPCD has recently adopted a rule (Rule 55) that requires fugitive dust control measures for construction and demolition projects. Future development proposed within the Westside neighborhood shall be required to employ fugitive dust control measures to reduce the amount of fugitive dust_ The selection of specific measures is left to the discretion of the project operator. Additional measures to reduce NOx an ROG emissions may be needed if construction -related emissions exceed the screening level emission thresholds (Table 3.2-9). For any future development, the applicant shall employ measures that may include, but are not limited to, the following: • Inactive Construction Areas. Apply non -toxic soil stabilizers according to manufacturers' specification to all inactive construction areas_ • Exposed Stockpiles. Enclose, cover, water twice daily, or apply non -toxic soil binders according to manufacturers' specification to exposed piles. • Active Site Areas. Water active site areas twice daily. Westside Specific Flan Findings of Fact and Statement of Overriding Considerations 3-2 February 2010 ICFJ&S 440.08 City of National City 3.0 Findings Regarding Significant Effects • Hauling. Cover all haul trucks hauling dirt, sand, soil, or other loose materials or maintain two feet of freeboard. • Adjacent Roadways. Install wheel washers where vehicles enter and exit unpaved roads onto paved roads, or wash off trucks and any equipment leaving the project site. • Adjacent Roadways. Sweep streets at the end of the day if visible soil material is carried onto adjacent public paved roads. • Unpaved Roads and Parking/Staging Areas. Apply water three times daily or non -toxic soil stabilizers according to manufacturers' specification to all unpaved roads and parking or staging areas. • Speed Limit. Limit traffic speeds on unpaved areas to 10 miles per hour. • Disturbed Areas. When active construction ceases on the site, replace ground cover as quickly as possible. • Equipment maintenance. Install emission controls (cooled exhaust recirculation, lean-NOx catalysts), tune equipment and reduce idling time. • Equipment age. Require models newer than 1996. • Coatings. Use VOC-free or low-VOC coatings, limit the amount of coating and paints applied daily, or rent or purchase VOC Emission Reduction Credits. Finding The City Council of the City of National City hereby finds that: (X) Changes or alterations have been required in, or incorporated into, the project to avoid or substantially lessen the significant environmental effect as identified in the final EIR. () Such changes or alterations are within the responsibility and jurisdiction of another public agency and not die agency making the finding_ Such changes have been adopted by such other agency or can and should be adopted by such other agency. (X) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible mitigation measures or project alternatives identified in the final EIR. Rationale for Finding The mitigation measures shown in MM AQ-la are required for any construction activity. However, given the lack of specifics regarding future construction 1' estside Specific Plan Findings of Fact and Statement of Overriding Considerations 3-3 February 2010 ICFJBS 440 08 City of National City 3.0 Findings Regarding Significant Effects activities, construction -related emissions related to Impact AQ-la would potentially remain significant and unavoidable. Additionally, mitigation may be required at the project level, but without having specific construction information (i.e. location, equipment, project design, etc), specific mitigation cannot he applied. For this reason, impacts related to ozone and PM 10/PM2.5 during construction would be significant. Impact AQ-1 b: Operational Impacts Implementation of the proposed project would result in emissions that exceed the level of significance for criteria pollutants with which San Diego County is currently in non -attainment status (ROG, PMIO, and PM2.5). The project would increase the density of development, replacing incompatible commercial and industrial land uses with a more dense and compatible mix of retail, office, and residential land uses. The amount of residents within the plan area is expected to increase from 1,457 to 6,384 assuming 75% buildout in 2030. This would add a considerable amount of vehicle trips and miles traveled to the project area. Increased residents would also lead to an increase in emissions from area sources, as a result of fossil fuel combustion for heating and cooking, consumer products, architectural coatings, and landscape fuel combustion. Proposed Mitigation MM AQ-lb: Mitigation Measures to Reduce Project Operational Emissions. Operational emissions could be reduced by incorporating various mitigation measures. For any future development, the applicant shall employ the following mitigation measures to reduce operational emissions: • increased Energy Efficiency (20%) beyond Title 24. • Use of electric landscaping equipment with access to outside electrical outlets (20% of total landscaping equipment) • Use of low- or no-ROGNOC paints (a minimum of 40% below typical paints). Finding The City Council of the City of National City hereby finds that: (X) Changes or alterations have been required in, or incorporated into, the project to avoid or substantially lessen the significant environmental effect as identified in the final EIR. () Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such Westside Specific Plan Findings of Fact and Statement of Overriding Considerations 3-4 February 2010 lCFJ&S 440.08 City of National City 3.0 Findings Regarding Significant Effects changes have been adopted by such other agency or can and should be adopted by such other agency. (X) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible mitigation measures or project alternatives identified in the final EIR. Rationale for Finding The project would increase the density of development, replacing incompatible commercial and industrial land uses with a more dense and compatible rnix of retail, office, and residential land uses. However, the potential growth associated with the proposed Westside Specific Plan would result in greater vehicular trips and vehicle miles traveled (VMTs) and would result in greater use of fossil fuel combustion for heating and cooking, consumer products, architectural coatings, and landscape fuel combustion. While specific development projects proposed at some future date may identify additional mitigation measures to reduce potentially significant impacts, at the plan level, mitigation measures consist of improving energy efficiency beyond Title 24, reducing fuel use for landscaping, and using less -polluting building exterior and interior paints. However, project - generated vehicular trips and VMTs, while arguably fewer than under traditional development patterns, would still increase indirectly over the baseline condition. No feasible mitigation, beyond the objectives of the Westside Specific Plan, is available to significantly reduce air emissions from an increase in vehicular trips and VMTs. With implementation of mitigation measure MM-AQ-lb, operational -related impacts related to Impact AQ-Ib would be reduced but would remain significant and unavoidable. Impact AQ-2: Increase in Criteria Pollutants Buildout of the proposed project would result in a net increase in emissions of criteria pollutants that the San Diego Air Basin is currently in nonattainment or maintenance status. The net changes in the emissions from project buildout would exceed project -level emission thresholds established by the SDAPCD for ROG, CO, PM 10, and PM2.5. The project would intensify development which will increase vehicle trips and energy consumption within the plan area. Therefore, both area and mobile source emissions would increase. Proposed Mitigation MM AQ-la: Fugitive Dust and Exhaust Control Measures. MM AQ-lb: Mitigation Measures to Reduce Project Operational Emissions. Westside Specific Plan Findings of Fact and Statement of Overriding Considerations 3-5 February 2010 ICFJSS 440.08 City of National City 3.0 Findings Regarding Significant Effects Finding The City Council of the City of National City hereby finds that: (X) Changes or alterations have been required in, or incorporated into, the project to avoid or substantially lessen the significant environmental effect as identified in the final EIR. () Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. (X) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible mitigation measures or project alternatives identified in the final EIR. Rationale for Finding The project would intensify development, which would increase vehicle trips and energy consumption within the plan area. Therefore, both area and mobile source emissions would increase. Mitigation would be applied to reduce ROG, CO, PM10, and PM2.5. however, because the plan would anticipate a population increase from 1,457 to 6,384 and an accompanying increase in vehicle trips and VMTs, even with implementation of MM AQ-la and M1V1 AQ-lb, long-term impacts related to Impact AQ-2 would be significant and unavoidable. Impact AQ-3: Heath Risk from Proximity to 1-5 Residents within the Westside area would have a risk of approximately 188 per 1 million as that level of risk corresponding to the highest predicted risk at 400 feet from the edge of the nearest travel lane to the nearest receptor for the highest peak traffic volume (i.e., 16,000 vehicle per hour) considered downwind (east) of 1-5. This highest risk of 188 per 1 million represents a significant health risk impact when compared to the SDAPCD threshold of 10 per 1 million. Given the lack of specifics in terms of future development within the plan area, it is impossible to perform a site -specific analysis at this point. Future projects within the plan area would be required to perform an analysis to determine the health risk associated with placing sensitive receptors near the freeway. Thus, the proposed project would be required to perform a screening -level health risk analysis. If it was determined that potential exists to exceed the 10 in I million threshold, then a site -specific 1-IRA would be required. Westside Specific Plan Findings of Fact and Statement of Overriding Considerations 3-6 February 2010 ICFJ&S 440.08 City of National City 3.0 findings Regarding Significant Effects Proposed Mitigation N1M AQ-3: Building Design Measures to Reduce Exposure of Residents to Pollutant Emissions. Mitigation measures to reduce pollutant emissions for any proposed new development in close proximity (i.e., within 500 feet) of 1-5 shall include: • providing the facility with individual heating, ventilation, and air conditioning (I-IVAC) systems in order to allow adequate ventilation with windows closed; • locating air intake systems for HVAC systems as far away from the existing air pollution sources as possible; • using high efficiency particulate air (HEPA) air filters in the HVAC system and developing a maintenance plan to ensure the filtering system is properly maintained; and • utilizing only fixed windows next to any existing sources of pollution; • explore the use of vegetated berms and walls along 1-5 to help reduce residential land use exposure to emissions from 1-5. Consult with Caltrans to determine the feasibility of installing vegetated berms/walls. Finding The City Council of the City of National City hereby finds that: (X) Changes or alterations have been required in, or incorporated into, the project to avoid or substantially lessen the significant environmental effect as identified in the final FIR. () Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. (X) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible mitigation measures or project alternatives identified in the final Ern. Rationale for Finding Implementation of the above mitigation measures for each future development projects within the plan area would help to reduce the health risk associated with proximity to the roadway. However, the screening level analysis shows that the potential exists for a significant impact due to proximity to 1-5_ Given the lack of Westside Specific Plan Findings of Fact and Statement of Overriding Considerations 3-7 February 2010 ICFJBS 440_08 City of National City 3.0 Findings Regarding Significant Effects specifics in terms of future development within the plan area, it is impossible to perform a site -specific analysis at this point Future projects within the plan area would be required to perform an analysis to determine the health risk associated with placing sensitive receptors near the freeway. Mitigation measure MM AQ- 3 would substantially reduce the health risk to sensitive receptors, but without specific project level information, the analysis cannot determine if it would below the SDAPCD threshold. Therefore, Impact AQ-3 is considered to be significant and unavoidable. Impact AQ-4: Greenhouse Gas Emissions Implementation of the proposed project would result in a net increase in local GHG emissions from within the Westside area over existing conditions as more residents and cornrnercial and office space would result in more vehicle trips and energy consumption within the plan area. Assuming 75% buildout in 2030, the proposed project would result in approximate 115,760 metric tons of CO2e per year. This would represent an approximately 49,718 metric ton per year increase over Business As Usual (BAU) conditions. This would result in a significant impact and mitigation measure MM AQ-4 is required. Proposed Mitigation MM AQ-4: Project Design Features to Reduce Project Contribution to Climate Change. There are a number of project design features that could be included in the proposed project that will help to reduce future GHG emissions. Below is a list of potential design features that should be incorporated, as feasible, into future projects to ensure consistency with adopted State-wide plans and programs. The measures outlined below are not meant to be exhaustive, but are meant to provide a sample list of measures that could be incorporated into future project design. Energy Efficiency • Design buildings to be energy efficient. • InstalI efficient lighting and lighting control systems. Site and design building to take advantage of daylight. • Use trees, landscaping and sun screens on west and south exterior building walls to reduce energy use. • Install light colored "cool" roofs and cool pavements. • Provide information on energy management services for large energy users. • Install energy efficient heating and cooling systems, appliances and equipment, and control systems. Westside Specific Plan Findings of Fact and Statement of Overriding Considerations 3-8 February 2070 ICFJ&S 440 08 City of National City 3.0 Findings Regarding Significant Effects • Install light emitting diodes (LEDs) for traffic, street and other outdoor lighting. • Limit the hours of operation of outdoor lighting. • Use solar heating, automatic covers, and efficient pumps and motors for pools and spas. Renewable Energy • Install solar or wind power systems and solar hot water heaters. Educate consumers about existing incentives. • Install solar panels on carports and over parking areas. • Use combined heat and power in appropriate applications. Water Conservation and Efficiency • Create water -efficient landscapes in accordance with City Land Use Code Chapter 18.54. • Install water -efficient irrigation systems and devices, such as soil moisture - based irrigation controls. • When available, use reclaimed water for landscape irrigation in new developments and on public properly. • Design buildings to be water -efficient. Install water -efficient fixtures and appliances. • Use of graywater (or untreated household waste water from bathtubs, showers, bathroom wash basins, and water from clothes washing machines). For example, install dual plumbing in all new development allowing gray -water to be used for Landscape irrigation. • Restrict watering methods (e.g., prohibit systems that apply water to non - vegetated surfaces) and control runoff • Restrict the use of water for cleaning outdoor surfaces and vehicles. • Implement low -impact development practices that maintain the existing hydrologic character of the site to manage storm water and protect the environment. (Retaining storm water runoff on -site can drastically reduce the need for energy -intensive imported water at the site). • Devise a comprehensive water conservation strategy appropriate for the project and location. The strategy may include many of the specific items listed above, plus other innovative measures that are appropriate to the specific project. • Provide education about water conservation and available programs and incentives. Westside Specific Plan Findings of Fact and Statement of Overriding Considerations 3-9 February 2010 ICFJ85 440.08 City of National City 3.0 Findings Regarding Significant Effects Solid Waste Measures • Reuse and recycle construction and demolition waste (including, but not limited to, soil, vegetation, concrete, lumber, metal, and cardboard) in accordance with City Municipal Code 15.80_ • Provide interior and exterior storage areas for recyclables and green waste and adequate recycling containers located in public areas. Transportation and Motor Vehicles • Limit idling time for commercial vehicles, including delivery and construction vehicles in accordance with City Municipal Code 11.34. City Strategies: Implementation of the Westside Specific Plan and through the General Plan update, the city may do the following: • Incorporate low or zero -emission vehicles, including construction vehicles. • Promote ride sharing programs e.g., by designating a certain percentage of parking spaces for ride sharing vehicles, designating adequate passenger loading and unloading and waiting areas for ride sharing vehicles, and providing a web site or message board for coordinating rides. • Create car sharing programs. Accommodations for such programs include providing parking spaces for the car share vehicles at convenient locations accessible by public transportation. • Create local `light vehicle" networks, such as neighborhood electric vehicle (NEV) systems. • Provide the necessary facilities and infrastructure to encourage the use of low or zero -emission vehicles (e.g., electric vehicle charging facilities and conveniently located alternative fueling stations). • Increase the cost of driving and parking private vehicles by, e.g., imposing tolls and parking fees. • Institute a low -carbon fuel vehicle incentive program. • Work with MTS or other transit agency to provide shuttle service to public transit. • Work with MTS or other transit agency to provide public transit incentives such as free or low-cost monthly transit passes. • Partner with SANDAG to promote `least polluting" ways to connect people and goods to their destinations. • Incorporate bicycle lanes and routes into street systems, new subdivisions, and large developments. • Incorporate bicycle -friendly intersections into street design. • Work with new commercial and multi -family projects; provide adequate bicycle parking near building entrances to promote cyclist safety, security, Westside Specific Plan Findings of Fact and Statement of Overriding Considerations 3-10 February 2010 ICFJBS 440.08 City of National City 3.0 Findings Regarding Significant Effects and convenience. For large employers, provide facilities that encourage bicycle commuting, including, e.g., locked bicycle storage or covered or indoor bicycle parking. • Create bicycle lanes and walking paths directed to the location of schools, parks and other destination points. • Work with the school district to restore or expand school bus services. • Encourage businesses to telecommute and/or offer flexible work hours program, provide information, training, and incentives to encourage participation, and provide incentives for equipment purchases to allow high - quality teleconferences. • Provide information on all options for individuals and businesses to reduce transportation -related emissions. Provide education and information about public transportation. Further, the Attorney General's Office has identified a non -exhaustive list of measures to reduce GHG emissions at the general plan level. Through the development of the General Plan update, the City may include such measures that would be utilized in the Westside area that would include, but are not limited to, the following: • Work with new development applicants to use a higher level of efficiency through design. • Require that all new government buildings, and all major renovations and additions, meet identified green building standards. • Ensure availability of funds to support enforcement of code and permitting requirements. • Adopt a "Green Building Program" to require or encourage green building practices and materials. The program could be implemented through, e.g., a set of green building ordinances_ • Require orientation of buildings to maximize passive solar heating during cool seasons, avoid solar heat gain during hot periods, enhance natural ventilation, and promote effective use of daylight. Building orientation, wiring, and plumbing should optimize and facilitate opportunities for on -site solar generation and heating. • Provide permitting -related and other incentives for energy efficient building projects, e.g., by giving green projects priority in plan review, processing and field inspection services. • Conduct energy efficiency audits of existing buildings by checking, repairing, and readjusting heating, ventilation, air conditioning, lighting, water heating equipment, insulation and weatherization. Offer financial incentives for adoption of identified efficiency measures. Westside Specific Plan Findings of Fact and Statement of Overriding Considerations 3-11 February 2010 ICFJ&S 440.08 City of National City 3.0 Findings Regarding Significant Effects ■ Partner with community services agencies to fund energy efficiency projects, including heating, ventilation, air conditioning, lighting, water heating equipment, insulation and weatherization, for low income residents. • Target local funds, including redevelopment and Community Development Block Grant resources, to assist affordable housing developers in incorporating energy efficient designs and features. ■ - Provide innovative, low -interest financing for energy efficiency and alternative energy projects. For example, allow property owners to pay for energy efficiency improvements and solar system installation through long- term assessments on individual property tax hills. • Fund incentives to encourage the use of energy efficient vehicles, equipment and lighting. Provide financial incentives for adoption of identified efficiency measures. • Require environmentally responsible government purchasing. Require or give preference to products that reduce or eliminate indirect greenhouse gas emissions, e.g., by giving preference to recycled products over those made from virgin materials. • Require that government contractors take action to minimize greenhouse gas emissions, e.g., by using low or zero -emission vehicles and equipment. • Adopt a "heat island" mitigation plan that requires cool roofs, cool pavements, and strategically placed shade trees. (Darker colored roofs, pavement, and lack of trees may cause temperatures in urban environments to increase by as much as 6-8 degrees Fahrenheit as compared to surrounding areas.) Adopt a program of building permit enforcement for re -roofing to ensure compliance with existing state building requirements for cool roofs on non-residential buildings. • Adopt a comprehensive water conservation strategy. The strategy may include, but not be limited to, imposing restrictions on the time of watering, requiring water -efficient irrigation equipment, and requiring new construction to offset demand so that there is no net increase in water use. Include enforcement strategics, such as citations for wasting water. • Encourage Sweetwater Authority to adopt water conservation pricing, e.g., tiered rate structures, to encourage efficient water use. • Ensure compliance with the City's adopted water -efficient landscape ordinance, Chapter 18.54 of the Land Use Code. • Strengthen local building codes for new construction and implement a program to renovate existing buildings to require a higher level of water efficiency. • Adopt ordinances requiring energy and water efficiency upgrades as a condition of issuing permits for renovations or additions, and on the sale of residences and buildings. Westside Specific Plan Findings of Fact and Statement of Overriding Considerations 3-12 February 2010 ICFJBS 440.08 City of National City 3.0 Findings Regarding Significant Effects • Work with Sweetwater Authority to continue to provide individualized water audits to identify conservation opportunities. Provide financial incentives for adopting identified efficiency measures. • Work with Sweetwater Authority to provide water audits for large landscape accounts. Provide financial incentives for efficient irrigation controls and other efficiency measures. • Encourage water efficiency training and certification for irrigation designers and installers, and property managers. • Implement or expand city recycling and composting programs for residents and businesses. Require commercial and industrial recycling. • Work with the trash collector (EDCO) to extend the types of recycling services offered (e.g., to include food and green waste recycling). • Implement Community Choice Aggregation (CCA) for renewable electricity generation. (CCA allows cities and counties, or groups of them, to aggregate the electric loads of customers within their jurisdictions for purposes of procuring electrical services. CCA allows the community to choose what resources will serve their loads and can significantly increase renewable energy.) • Preserve existing conservation areas (e.g., forested areas, agricultural lands, wildlife habitat and corridors, wetlands, watersheds, and groundwater recharge areas) that provide carbon sequestration benefits. • Establish a mitigation program for development of conservation areas. Impose mitigation fees on development of such lands and use funds generated to protect existing, or create replacement, conservation areas. • Provide public education and information about options for reducing greenhouse gas emissions through responsible purchasing, conservation, and recycling. In addition, it is recommended that the City develop a Climate Action Plan or Policy. A Climate Action Plan or Policy includes a comprehensive climate change action plan that includes: a baseline inventory of greenhouse gas emissions from all sources; greenhouse gas emissions reduction targets and deadlines; and enforceable greenhouse gas emissions reduction measures. Adoption of the measures cited above when fully incorporated into the Westside Specific Plan area will lessen GHG emissions from within the project area and potentially achieve a reduction target of 29% below BAU, as stated in AB32. Of particular efficacy, the requirements for energy -efficient buildings are likely to be the largest source of GHG emissions reductions of all the measures described above. It is also important to note that future state actions taken pursuant to AB 32 including requirements for lower carbon -content in motor vehicle fuels, Unproved vehicle mileage standards (provided California is not barred due to federal action), and an increased share of renewable energy in electricity Westside Specific Plan Findings of Fact and .Statement of Overriding Considerations 3-13 February 2010 ICFJ&S 440.08 City of National City 3.0 Findings Regarding Significant Effects generation will also serve, in time, to further reduce GHG emissions related to this project. Finding The City Council of the City of National City hereby finds that: (X) Changes or alterations have been required in, or incorporated into, the project to avoid or substantially lessen the significant environmental effect as identified in the final EIR. ( ) O Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding_ Such changes have been adopted by such other agency or can and should be adopted by such other agency. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible mitigation measures or project alternatives identified in the final FIR. Rationale for Finding As future development projects are proposed, the Westside Specific Plan would require new development to implement measures listed in MM AQ-4 to reduce GHG emissions from individual projects. As future projects implement these measures, overall GHG emissions through the life of the plan would be cut by a substantial amount. Project -related impacts related to Impact AQ-4 would be less than significant. Cumulative Impact AQ-2: Cumulative Increase in Criteria Pollutants Buildout of the proposed project would result in a cumulatively considerable net increase in emissions of criteria pollutants ROG, CO, PM10, and PM2.5 for which the SDAB is currently in nonattainment or maintenance Proposed Mitigation MM AQ-la: Fugitive Dust and Exhaust Control Measures. MM AQ-lb: Mitigation Measures to Reduce Project Operational Emissions. Westside Specific Plan Findings of Fact and Statement of Overriding Considerations 3-14 February 2010 ICFJ&S 440.08 City of National City .3.0 Findings Regarding Significant Effects Finding The City Council of the City of National City hereby finds that: (X) Changes or alterations have been required in, or incorporated into, the project to avoid or substantially lessen the significant environmental effect as identified in the final EIR. () Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. (X) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible mitigation measures or project alternatives identified in the final EIR. Rationale for Finding The project would intensify development, which would increase vehicle trips and energy consumption within the plan area. Therefore, both area and mobile source emissions would increase_ Mitigation would be applied to reduce ROG, CO, PM 10, and PM2.5. However, because the plan would anticipate a population increase from 1,457 to 6,384 and an accompanying increase in vehicle trips and VMTs, even with implementation of MM AQ-la and MM AQ-lb, long-term impacts related to Cumulative Impact AQ-2 would be significant and unavoidable. No other feasible mitigation has been identified to reduce emissions from these sources. Cumulative Impact AQ-4: Cumulative Greenhouse Gas Emissions Implementation of the proposed project would result in a net increase in local GHG emissions from within the Westside area over existing conditions, as more residents and commercial and office space would result in more vehicle trips and energy consumption within the plan area. Assuming 75% buildout in 2030, the proposed project would result in approximate 115,760 metric tons of CO2e per year. This would represent an approximately 49,718 metric ton per year increase over Business As Usual (BAU) conditions. This would result in a significant impact and mitigation measure MM AQ-3 is required. The proposed project would contribute 43,242 metric tons of CO2e per year at buildout_ While mitigation is proposed to reduce the GIIG emissions within the Westside Specific Plan area, the project's overall contribution to this cumulative impact would be cumulatively considerable and significant_ Westside Specific Plan Findings of Fact and Statement of Overriding Considerations 3-15 February 2010 ICFJBS 440.08 City of National City 3.0 Findings Regarding Significant Effects Noise Proposed Mitigation MM AQ-4: Project Design Features to Reduce Project Contribution to Climate Change. Finding The City Council of the City of National City hereby finds that: (X) Changes or alterations have been required in, or incorporated into, the project to avoid or substantially lessen the significant environmental effect as identified in the final EIR. () Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency_ (X) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible mitigation measures or project alternatives identified in the final EIR. Rationale for Finding As future development projects are proposed, the Westside Specific Plan would require new development to implement measures listed in MM AQ-4 to reduce GH(i emissions from individual projects. As future projects implement these measures, overall GHG emissions through the life of the plan will be cut by a substantial amount. However, even with the project's reduced GHG emissions, when combined with the cumulative GHG emissions in the region and ultunately at the global level, the project's contribution would be considered cumulatively considerable and significant. Project -related impacts related to Cumulative Impact AQ-4 would remain significant and unavoidable. For a full discussion of noise impacts, see Chapter 3.3 of the Westside Specific Plan Draft EIR and any revisions contained in Chapter 3 of the final EIR. Westside Specific Plan Findings of Fact and Statement of Overriding Considerations 3-16 February 2010 ICFJ&S 440 08 City of National City 3.0 Findings Regarding Significant Effects Impact NOI-1: Exceed a Noise Standard and Result in a Substantial Temporary Increase in Noise Levels (Construction) The proposed project would not directly result in new construction within the plan area. Ilowever, construction associated with future projects proposed under the project would create noise from activities such as ground clearing, grading, hauling materials to the site, constructing foundations and structures, and finishing work. The magnitude of the increases would depend on the type of construction activity, the noise level generated by various pieces of construction equipment, site geometry (i.e., shielding from intervening terrain or other strictures), and the distance between the noise source and receiver. Noise levels of this magnitude would be temporary in nature and would cease once construction was completed. The City's noise ordinance exempts construction activities from the noise standard (providing that such activities take place between the hours of 7:00 a.m. and 7:00 p.m. Monday through Friday) but limits construction noise to no more than 75 dBA at type 1 residential properties and 85 dBA at type 2 residential/commercial properties. Construction noise dependent on location from the closest sensitive receptor could exceed these noise levels and would require mitigation measures to reduce noise levels to the greatest extent practicable (mitigation measures are presented below). However, even with the inclusion of mitigation measures, construction noise could still exceed the City's construction thresholds. Individual projects could occur as an indirect result of the proposed project within the plan area, which in some cases may require demolition or construction of new structures that would potentially result in a temporary increase in noise levels. Dependent on location, projects could exceed the City's noise thresholds presented in the City's Municipal Code Chapter 12.10.160 and would require mitigation measures to reduce noise levels to the greatest extent practicable. However, even with the inclusion of mitigation measures, construction noise could still exceed the City's noise ordinance. Therefore, impacts are considered potentially significant and unavoidable. Proposed Mitigation MM NOI-1: Implement Construction Noise Reduction Measures. Mitigation measures MM NOI-l.1 through MM NOI-1.8 shall be implemented as applicable to future projects proposed within the Westside Specific Plan area. MM NOI-1.1: Equipment Sound Attenuation. All noise -producing construction equipment and vehicles using internal combustion engines shall be equipped with mufflers, air -inlet silencers where appropriate, and any other shrouds, shields, or other noise -reducing features in good operating condition that meet or exceed original factory specification. Westside Specific Plan Findings of Fact and Statement of Overriding Consideration s 3-17 February 2010 ICFJBS 440 08 Cihf of National Cihi1 3.0 Findings Regarding Significant Effects Mobile or fixed "package" equipment (e.g., arc -welders, air compressors) shall he equipped with shrouds and noise control features that are readily available for that type of equipment. MM NOI-1.2. Use of Electrical Equipment. Electrically powered equipment shall be used instead of pneumatic or internal combustion powered equipment, where feasible. MM NOI-1.3. Distance from Sensitive Receptors. Material stockpiles and mobile equipment staging, parking, and maintenance areas shall be located as far as practicable from noise -sensitive receptors. MM NOI-1.4. Construction Traffic Speeds. Construction site and access road speed limits shall be established and enforced during the construction period. MM NOI-1.5. Hours of Construction. Construction operations shall not occur between 7:00 p.m. and 7:00 a.m. Monday through Friday, or at any time on weekends or holidays. The hours of construction, including noisy maintenance activities and all spoils and material transport, shall be restricted to the periods and days permitted by the local noise or other applicable ordinance. Noise -producing construction activity shall comply with, or in special circumstances obtain exemptions from, local noise control regulations affecting construction activity. MM NOI-1.6. Use of Noise -Producing Signals. The use of noise - producing signals, including horns, whistles, alarms, and bells, shall be for safety warning purposes only. MM NOI-1.7. Use of Public Address or Music Systems. No project - related public address or music system shall be audible at any adjacent sensitive receptor. MM NOI-1.8. Noise Complaint Process. The onsite construction supervisor shall have the responsibility and authority to receive and resolve noise complaints. A clear appeal process to the owner shall be established prior to construction commencement that will allow for resolution of noise problems that cannot be immediately solved by the site supervisor. Finding The City Council of the City of National City hereby finds that: (X) Changes or alterations have been required in, or incorporated into, the project to avoid or substantially lessen the significant environmental effect as identified in the final EIR. VUestside Specific Plan Findings of Fact and Statement of Overriding Considerations 3-18 tfavOnStOriabtf February 2010 ICFJ&S 440.08 City of National City 3.0 Findings Regarding Significant Effects () Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. (X) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible mitigation measures or project alternatives identified in the final EIR. Rationale for Finding Construction noise dependent on location from the closest sensitive receptor could exceed these noise levels and would require mitigation measures to reduce noise levels to the greatest extent practicable. However, even with the inclusion of mitigation measures NINI NOI-1.1 through MM NOI-1.8, construction noise could still exceed the City's construction thresholds_ Therefore, Impact NOI-1 would be considered significant and unavoidable_ Impact NOI-2: Exceed a Noise Standard (Operation) Rail noise was calculated using the PTA's Rail Noise Model using existing schedules for the San Diego Metropolitan Transit System's (MTS) Blue line Trolley schedule (San Diego MTS 2007). Based on this modeling, new residential developments within approximately 150 feet of the rail line experience an exterior noise level of 55 dBA Leq or higher_ This noise level would exceed the City's thresholds for exterior noise levels. Therefore, impacts would be potentially significant and unavoidable, and mitigation measures would have to be included to reduce noise levels at sensitive receptors. Proposed Mitigation MM NOI-2: Trolley Line Noise Study. Prior to approval of final site design, any project located within 300 feet of or with direct line of sight to the existing MTS Trolley Line shall perform a noise study conducted by a qualified noise consultant to determine potential impacts on noise -sensitive land uses. Finding The City Council of the City of National City hereby finds that: Westside Specific Plan Findings of Fact and Statement of Overriding Considerations 3-19 February 2010 ICFJ&S 440.08 City of National City 3.0 Findings Regarding Significant Effects (X) ( ) Changes or alterations have been required in, or incorporated into, the project to avoid or substantially lessen the significant environmental effect as identified in the final EIR. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. (X) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible mitigation measures or project alternatives identified in the final EIR. Rationale for Finding While MM NOI-2 would require the preparation of a noise study if a project is within 150 feet of the rail line, there is no assurance that feasible mitigation will be identified at the project level. Therefore, Impact NOI-2 would remain significant and unavoidable. Impact NOI-3: Excessive Groundborne Vibrations or Groundborne Noise Individual projects could occur as an indirect result of the proposed project within the plan area, which in some cases may require demolition or construction of new structures that would potentially result in a temporary increase in vibration and noise levels. The City's Municipal Code Title 12 Chapter 12.10.180 sets vibration thresholds that could be exceeded as a result of future construction or future projects. Proposed Mitigation MM NOI-3: Vibration Study. Prior to approval of final site design, any project proponent that would propose driving pilings or performing an action that could cause substantial vibrations shall perform a vibration study conducted by a qualified vibration consultant to determine potential impacts on surrounding vibration -sensitive land uses and identify mitigation measures as appropriate. Finding The City Council of the City of National City hereby finds that: Westside Specific Plan Findings of Fact and Statement of Overriding Considerations 3-20 February 2010 ICFJ&S 440.08 City of National City 3.0 Findings Regarding Significant Effects (X) () Changes or alterations have been required in, or incorporated into, the project to avoid or substantially lessen the significant environmental effect as identified in the final FIR. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. (X) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible mitigation measures or project alternatives identified in the final FIR. Rationale for Finding While MM NO1-3 would require the preparation of a vibration study if a project proposes construction with substantial vibration, there is no assurance that feasible mitigation will be identified at the project level. Therefore, Impact NO1-3 would remain significant and unavoidable. Impact NOI-4: Permanent Increase in Ambient Noise The proposed project would result in an increase to the future 65 dBA CNEL contour on the local roadway network. Although future project design would ensure interior noise levels do not exceed interior noise standards, portions of sites that abut major roadways would experience significant noise at locations adjacent to major streets. For projects that may experience substantial noise where the project abuts streets, mitigation may be proposed at the project level. However, at the program level, no mitigation is feasible. With the proposed project, traffic noise would result in a substantial permanent increase in ambient noise levels within the project vicinity and this increase would be significant. Proposed Mitigation MM NOI-4: Traffic Noise Study. For noisc sensitive projects within 100 feet of the centerline of Civic Center Drive and Wilson Drive, within 150 feet of the centerline of Plaza Boulevard, within 250 feet of the centerline of National City Boulevard, within 350 feet of Mile of Cars Way/24th Street, or within 1,200 feet of Interstate 5, a noise study shall be prepared to determine the estimated noise levels on -site and to identify any feasible project -level mitigation measures to reduce noise impacts to a level less than significant. Westside Specific Plan Findings of Fact and Statement of Overriding Considerations 3-21 February 2010 ICFJ&S 440.08 City of National City 3.0 Findings Regarding Significant Effects Finding The City Council of the City of National City hereby finds that: (X) Changes or alterations have been required in, or incorporated into, the project to avoid or substantially lessen the significant environmental effect as identified in the final EIR. () Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. (X) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible mitigation measures or project alternatives identified in the final EIR. Rationale for Finding While MM NOI-4 would require the preparation of a traffic noise study if a project is within a certain distance from a major roadway, there is no assurance that feasible mitigation will be identified at the project level. 'Therefore, Impact NOI-4 would remain significant and unavoidable. Cumulative Impact NOI-1: Cumulative Construction Noise Constriction of other related projects concurrently with nearby development projects could cumulatively increase noise levels and adversely affect nearby noise -sensitive uses. The proposed projects contribution to cumulative noise impacts would he significant. Proposed Mitigation MM NOI-1: Implement Construction Noise Reduction Measures. MM NOI-3: Vibration Study. Finding The City Council of the City of National City hereby finds that: Westside Specific Plan Findings of Fact and Statement e f Overriding Considerations s 3-22 February 2010 ICFJBS 440.08 City of National City 3.0 Findings Regarding Significant Effects (X) Changes or alterations have been required in, or incorporated into, the project to avoid or substantially lessen the significant environmental effect as identified in the final EIR. () Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding_ Such changes have been adopted by such other agency or can and should be adopted by such other agency. (X) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible mitigation measures or project alternatives identified in the final EIR. Rationale for Finding While MM NOI-1 would require several noise attenuation measures to reduce construction noise and MM NO1-3 would require the preparation of a vibration study if a project is proposing pile driving or other actions that would cause strong vibrations, there is no assurance that 11,IM NO1-1 would reduce all construction noise to less than significant or that MM NO1-3 would reduce vibration noise to less than significant. Consequently, when construction projects within the Westside Specific Plan are combined with cumulative projects in the area, a cumulatively considerable impact could occur. Therefore, Cumulative Impact NOI-1 would remain significant and unavoidable. Traffic and Circulation For a fill discussion of traffic impacts, see Chapter 3.1 of the Westside Specific Plan Draft FIR and any revisions contained in Chapter 3 of the final EIR_ Cumulative Impact TR-1: 1-5 Freeway Segments A Freeway Mainline Analysis was conducted to determine if the proposed project would contribute to a cumulatively considerable impact on I-5. Table 3.1-15 in Section 3.1 of the draft EIR contrasts the freeway segment delays in 2030 without and with the project The analysis determined that the project would contribute to a significant cumulative impact at the following segments: • 1-5 north of Civic Center Drive (LOS F(2) during the AM peak hour and E during the PM peak hour in the northbound direction and LOS F(3) in the nouhbound direction during the PM peak hour). Westside Specific Plan Findings of Fact and Statement of Overriding Considerations 3-23 February 2010 ICFJ&S 440.08 City of National City 3.0 Findings Regarding Significant Effects • 1-5 between Civic Center Drive and 24th Street (LOS F(0) northbound direction during the AM peak hour and LOS F(1) in the southbound direction during the PM peak hour). • 1-5 between 24th Street and SR 54 (LOS F(0) northbound direction during the AM peak hour and LOS F(1) in the southbound direction during the PM peak hour). Proposed Mitigation No feasible mitigation was identified during the environmental analysis or in subsequent comments on the draft EIR. Finding The City Council of the City of National City hereby finds that: () Changes or alterations have been required in, or incorporated into, the project to avoid or substantially lessen the significant environmental effect as identified in the final EIR. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. (X) Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible mitigation measures or project alternatives identified in the final EIR. Rationale for Finding No feasible mitigation is available for the 1-5 freeway cumulative impacts North of Civic Center Drive, Civic Center Drive to 24"' Street, and 24`h Street to SR-54. Caltrans does not have an existing impact fee program to mitigate cumulative impacts along the 1-5 South Corridor. The City is planning to participate in a multi jurisdictional effort to identify options to address this cumulative impact. However, without an existing work plan in place and a corresponding impact fee program, fair share mitigation is not a feasible mitigation measure at this time. The project's incremental contribution (Cumulative Impact TR-1) would be cumulatively significant and unavoidable. iszow YVestside Specific Plan Findings of Fact and Statement of Overriding Considerations 3-24 February 2010 ICFJ&S 440-08 City of National City 3.0 Findings Regarding Significant Effects Biological Resources For a full discussion of biological impacts, sec Chapter 3.5 of the Westside Specific Plan Draft EIR and any revisions contained in Chapter 3 of the final EIR. Impact BIO-1: Special -Status Species Although no special -status species were observed during the wetland delineation and habitat assessment, potentially suitable riparian habitat is present within the plan area for the following special -status species: Belding's savannah sparrow, light-footed clapper rail, California least tern (foraging), and salt marsh bird's beak. Proposed Mitigation MM BIO-1: Focused Surveys. Prior to the issuance of any grading, building, or other construction permit within the proposed plan area, a habitat assessment shall be conducted for the parcel to determine whether the potential exists for special -status species to occur. If the habitat assessment identifies potentially suitable habitat for special -status species, a focused survey shall be conducted by a qualified biologist to determine whether special -status species occur within the plan area. If no species are observed or detected during focused surveys, additional mitigation shall not be required. However, if special -status species are observed/detected, project -specific mitigation measures shall be formulated and required to mitigate impacts on special -status species to below a level of significance. Coordination/consultation with the USFWS under ESA and the CDFG under CESA shall be required for any proposed impacts on federally listed and/or state listed species, respectively. MM BIO-3: Resource Agency Permits/Approvals. If restoration/revegetation efforts are proposed that would result in impacts on riparian vegetation, permits/approvals would be required from one or more of the following agencies: USACE, CDFG, and RWQCB. Prior to implementation of individual restoration/revegetation projects, permits/approvals shall be obtained from the resource agencies, or documentation shall be obtained from these agencies indicating that permits/approvals are not required. Finding The City Council of the City of National City hereby finds that: Westside Specific Plan Findings of Fact and Statement of Overriding Considerations 3-25 February 2010 FCFJas 440 08 City of National City 3.0 Findings Regarding Significant Effects (X) Changes or alterations have been required in, or incorporated into, the project to avoid or substantially lessen the significant environmental effect as identified in the final EIR. O () Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible mitigation measures or project alternatives identified in the final EIR. Rationale for Finding Implementation of mitigation measures MM BIO-1 through MM BIO-3 would reduce impacts on special -status species to a less -than -significant level by requiring focused surveys to determine the presence of special status species and then by requiring consultation with the wildlife agencies to determine how best to avoid impacts on sensitive species. These measures, combined with the Westside Specific Plan's goal of preserving Paradise Creek, would ensure a significant impact would not occur on special status species (Impact BIO-1). Impact BIO-2: Nesting Bird/Raptor Habitat The plan area provides suitable nesting habitat for birds and raptors protected under the MBTA. Direct impacts (through loss of habitat) and indirect impacts (through increased noise and dust during construction) on nesting birds/raptors resulting from the implementation of specific development projects within the proposed plan area would be considered significant. Proposed Mitigation MM BIO-2: Preconstruction Nesting Bird Surveys. If construction activities occur between January 15 and August 31, a preconstruction survey (within three days prior to construction activities) shall be conducted by a qualified biologist to detennine if active nests are present within or adjacent to the plan area proposed for development in order to avoid the nesting activities of breeding birds/raptors. If nesting activities within 200 feet of the proposed work area are not detected, construction activities may proceed. if nesting activities are confirmed, construction activities shall be delayed within an appropriate buffer from the active nest until the young birds have fledged and left the nest or until the nest is no longer active as determined by a qualified biologist. The size of the Westside Specific Plan Findings of Fact and Statement of Overriding Considerations 3-26 February 2010 ICFJ&S 440 08 City of National City 3.0 Findings Regarding Significant Effects appropriate buffer shall be determined by a qualified biologist, but shall be at least 25 feet. Finding The City Council of the City of National City hereby finds that: (X) Changes or alterations have been required in, or incorporated into, the project to avoid or substantially lessen the significant environmental effect as identified in the final EIR_ () () Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible mitigation measures or project alternatives identified in the final EIR. Rationale for Finding Implementation of the mitigation measures 1bIM BIO-2 will reduce impacts on nesting birds (Impact BIO-2) to a less -than -significant level by ensuring nests are identified prior to any construction activity and then by ensuring a buffer is established to avoid disturbing a nest. Impact BIO-3: Natural Habitat The plan area is primarily developed but supports some undeveloped areas, most notably Paradise Creek, which supports southern coastal salt marsh (a riparian habitat). The Specific Plan includes requirements that all new development be set back from Paradise Creek in coordination with CDFG to protect against impacts on the Creek and its associated riparian habitat. Once specific development is proposed, the provided buffers would be reviewed by the City and CDFG to ensure a significant impact does not occur to Paradise Creek. Similarly, the Specific Plan also allows for restoration/revegetation efforts within and adjacent to Paradise Creek, which have the potential to result in significant impacts on riparian habitat. In addition, specific development projects within other undeveloped areas of the Plan area could result in impacts on sensitive natural communities. Westside Specific Plan Findings of Fact and Statement of Overriding Considerations 3-27 February 2010 ICFJ&S 440.08 City of National City 3.0 Findings Regarding Significant Effects Proposed Mitigation MM BIO-1: Focused Surveys. MM BI0-2: Preconstruction Nesting Bird Surveys. MM BIO-3: Resource Agency Permits/Approvals. MM BIO-4: Habitat Assessment/Biology Report. During the application process of future development projects within the Plan area, a habitat assessment shall be conducted when warranted in areas undisturbed by prior development to determine whether sensitive natural communities (including riparian vegetation) are present. If the habitat assessment identities sensitive natural communities, a biological report shall be prepared to address impacts on sensitive natural communities resulting from the proposed project. The report shall identify mitigation measures to reduce all significant impacts to below a level of significance to the greatest extent feasible. If no sensitive natural communities are observed during the habitat assessment, additional mitigation shall not be required. MM BIO-5: Trail Restrictions. Trails shall he kept out of the jurisdictional wetland areas and in areas of biological sensitivity. Biological sensitivity shall be determined by a qualified biologist in consultation with the wildlife agencies as appropriate. Trails shall be sensitively placed to consider biological and/or cultural resources areas along Paradise Creek and aligned roughly perpendicular to the length of the creek (i.e. spur trails). There interpretive areas and spur trails shall avoid biologically sensitive areas or areas with strong potential for effective habitat restoration and enhancement of species diversity. MM B10-6: Install Fencing and Signage. Permanent fencing shall be installed at the outside edge of the riparian area. The type, placement, and height of such fencing shall be determined in consultation with the project biologist and the wildlife agencies. The fencing shall be designed to restrict human and domestic animals encroachment in the adjacent habitat (including not permitting picnic areas within sensitive resource areas). The signage shall inform people that sensitive habitat lie beyond the fencing and entering the area is prohibited by law. MM B10-7: Placement of Post Construction BMPs and Discharge of Water Runoff. All post construction structural BMPs shall be located outside the wetland and the riparian corridor. Furthermore, all filtration and attenuation of surface flows provided by the proposed BMPs shall occur prior to the discharge of the flows into the riparian areas. MM BI0-8: Lighting Restrictions. No additional lighting shall be provided within the vicinity of both upland and wetland sensitive habitats, and where feasible, any existing Lighting within such areas shall be removed. The definition of "vicinity" shall be determined by a qualified biologist and the deteirrunation supported with substantial evidence. Westside Specific Plan Findings of Fact and Statement of Overriding Considerations 3-28 February 2010 ICFJBS 440.08 City of National City 3.0 Findings Regarding Significant Effects MM BIO-9: Attenuation of Construction Noise. In addition to implementing MM NOI-1, future construction activities, including construction staging areas, shall employ methods to reduce construction noise and operational noise levels at the edge of sensitive resources that may include temporary noise attenuation barriers and other measures that would reduce noise levels to an acceptable level as determined by the project biologist in consultation with CDFG. MM BIO-10: Attenuation of Operational Noise. Excessive noise generating sources shall be located away from the Paradise Creek riparian areas to maintain existing ambient noise levels_ "Excessive" noise sources shall be defined as sources which exhibit noise levels in excess of 65 dBA CNEL (or 65 dBA 1-hour Leq) at or beyond the edge of the environmentally sensitive area. Possible examples of such sources include but are not limited to cargo delivery and pick- up areas, HVAC systems, sirens or other warning systems, and communication systems. 1f noise levels at the environmentally sensitive area are suspected of being greater than 65 dBA Leq, a noise study shall be prepared and measures recommended demonstrating how construction noise can be reduced. MM B1O-11: Landscape Requirements. In areas of sensitive habitat, proposed landscaping palettes shall consist of native and drought -tolerant plants and vegetation. Exotic and invasive plants, as identified on the California Invasive Plant Council's (Cal-IPC) Invasive Plant Inventory shall not be used. Landscaping adjacent to the Paradise Creek riparian area shall be drought - tolerant and use minimal fertilizers and pesticides. As required by MM B1O-7, water runoff shall be directed away from the buffer area and contained and/or treated with the development footprint All new development shall comply with the City's Water Efficient Landscape Ordinance, Chapter 18.54 of the Land Use Code. MM BIO-12: Use of Non -Reflective Glass. Development adjacent facing Paradise Creek shall incorporate the use of non -reflective glass for window design. MM BIO-13: Limit on Building Heights Adjacent to Paradise Creek. Building heights within 175 feet of the outside edge of the jurisdictional riparian habitat shall be limited to a maximum of 50 feet with stepping hack of the upper units or stories, or angling buildings to reduce the potential for excessive shading. Measures shall be incorporated into the building design to prevent predator perching. Buildings or components of buildings proposed more than 175 feet from the creek shall not be restricted to this height condition, but would meet the height limits for the zone of 60-feet identified in the Westside Specific Plan. MM BIO-14: Low Impact Development Water Quality and Hydrology Measures. All subsequent development along Paradise Creek shall adhere to low impact development (LID) criteria as defined by current storm water best management practices which emphasize retention of rain on or near the site and consideration of use of pervious surface treatments. Westside Specific Plan Findings of Fact and Statement of Overriding Considerations 3-29 February 2010 ICFJ&S 440.08 City of National City 3.0 Findings Regarding Significant Effects Finding The City Council of the City of National City hereby finds that: (X) Changes or alterations have been required in, or incorporated into, the project to avoid or substantially lessen the significant environmental effect as identified in the final FIR. ( ) ( ) Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency_ Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible mitigation measures or project alternatives identified in the final EIR. Rationale for Finding Implementation of the mitigation measures would reduce impacts on natural habitat to a less -than -significant level by avoiding and minimizing impacts on sensitive habitat. Implementing MM BIO-1 through MM BIO-14 would help avoid indirect and direct impacts from future development projects. These measures, combined with the Westside Specific Plan's goal of preserving Paradise Creek and other habitat areas, would ensure a significant impact would not occur on natural habitat (Impact B1O-3). Impact BIO-4: Jurisdictional Waters The plan area is primarily developed but supports some undeveloped areas, most notably Paradise Creek. Any potential impacts on the Creek would be regulated by USACE, CDFG, and RWQCB. The Specific Plan also allows for restoration/revegetation efforts within and adjacent to Paradise Creek, which have the potential to result in significant impacts on jurisdictional wetlands/waters. Prior to any efforts to restore or revegetate Paradise Creek, consultation with USACE, CDFG, and RWQCB would be required_ Proposed Mitigation MM BIO-1: Focused Surveys. MM BIO-2: Preconstruction Nesting Bird Surveys. Westside Specific Plan Findings of Fact and Statement of Overriding Considerations 3-30 February 2010 ICFJ&S 44008 City of National City 3.0 Findings Regarding Significant Effects MM BIO-3: Resource Agency Permits/Approvals. MM BIO-4: Habitat Assessment/Biology Report. MM BIO-5: Trail Restrictions. MM BIO-6: Install Fencing and Signage. MM BIO-7: Placement of Post Construction BMPs and Discharge of Water Runoff. MM BIO-8: Lighting Restrictions. MM BIO-9: Attenuation of Construction Noise. MM BIO-10: Attenuation of Operational Noise. MM BIO-11: Landscape Requirements. MM BIO-12: Use of Non -Reflective Glass. MM BIO-13: Limit on Building Heights Adjacent to Paradise Creek. MM BIO-14: Low Impact Development Water Quality and Hydrology Measures. Finding The City Council of the City of National City hereby finds that: (X) Changes or alterations have been required in, or incorporated into, the project to avoid or substantially lessen the significant environmental effect as identified in the final EIR. () () Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible mitigation measures or project alternatives identified in the final EIR. Westside Specific Plan Findings of Fact and Statement of Overriding Considerations 3-31 February 2010 ICFJBS 440.0E City of National City 3.0 Findings Regarding Significant Effects Rationale for Finding Implementation of the mitigation measures would reduce impacts on jurisdictional waters to a less -than -significant level. Implementing MM BIO-I through MM BIO-14 would help avoid indirect and direct impacts on jurisdictional waters from future development projects. These measures, combined with the Westside Specific Plan's goal of preserving Paradise Creek and the jurisdictional wetland, would ensure a significant impact would not occur on jurisdictional waters. Impact BIO-4 would be reduced to less than significant. Cultural Resources For a full discussion of cultural resource impacts, see Chapter 3.4 of the Westside Specific Plan Draft EIR and any revisions contained in Chapter 3 of the final FIR. Impact CUL-1: Historic Buildings There are potentially historic buildings and structures within the plan area. Future development, as permitted under the development standards proposed in Westside Specific Plan, would significantly impact potentially historic buildings and structures. Proposed Mitigation MM CUL-I: Historic Building/Structure Evaluation. Prior to future project approval and the issuance of any construction permit within the Westside Specific Plan area, including but not limited to a demolition or building permit, if research indicates that the onsite building(s) or structure(s) is 45 years or older, the applicant shall be required to conduct an evaluation of the onsite building(s) or structure(s) to determine if it is eligible for inclusion in the state or local historical registers. The evaluation shall be performed by a historian or architectural historian who meets the Secretary of Interior's Professional Qualification Standards for historic Preservation Professionals. The historian/architectural historian shall consult with knowledgeable local groups (e.g. Save Our Heritage Organisation, National City Historical Society, San Diego I Iistorical Society, and others) and individuals, appropriate archives, and appropriate repositories in an effort to identify the original and subsequent owners as well as the architect and the builder to establish whether any of these individuals played important roles in local or regional history (criterion B). Additionally the physical characteristics and condition of the building or structure shall be evaluated under criterion (C), and those judged to possess "the Westside Specific Platt Findings of I-acf and Statement of Overriding Considerations 3-32 February 2010 ICFJ&S 44o OR City of National City 3.0 Findings Regarding Significant Effects distinctive characteristics of a type, period, region, or method of construction" shall be further assessed for integrity and context. The results of the archival research and field assessment shall be documented in an evaluation report. This report will explicitly state whether the resource is eligible for either state or local historical registers and shall also make specific recommendations as appropriate. The historian/architectural historian shall complete the necessary California Department of Parks and Recreation (DPR) site forms (minimally Primary Record and Building/Structure/Object Record; others as required) and include as an attachment to the report. Copies of the DPR site forms shall be submitted to the California Historical Resource Information System via the SCIC, an auxiliary of San Diego State University. Finding The City Council of the City of National City hereby finds that: (X) Changes or alterations have been required in, or incorporated into, the project to avoid or substantially lessen the significant environmental effect as identified in the final EIR. () Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible mitigation measures or project alternatives identified in the final EIR. Rationale for Finding Prior to disturbing a potentially historic structure, an evaluation would be conducted to determine if the structure is historical. Specifically, the report would explicitly state whether the resource is eligible for either state or local historical registers and would make specific recommendations, as appropriate, to ensure a significant impact does not occur. Therefore, implementation of MM CUL-1 would ensure Impact CUL-1 is less than significant. Impact CUL-2: Archaeological Resources No prehistoric archaeological sites have been recorded at SCIC within the plan area. The most extensively studied areas are in the southern and southeastern Westside Specific Plan Findings of Fact and Statement of Overriding Considerations 3-33 February 2010 ICFJBS 440 08 City of National City 3.0 Findings Regarding Significant Effects portions along the Sweetwater River channel and in the northwestern sector within the 32nd Street Naval Base. However, the presence of the freshwater Paradise Creek would have been attractive to prehistoric populations, and temporary campsites and/or resource extraction sites would be expected near this water course. The virtual absence of Phase I or 11 archaeological studies within the plan area is due to the fact that relatively few of the parcels have undergone substantive development since the implementation of CEQA. However, the absence of recorded prehistoric or historic sites does not mean that cultural resources are not present within the plan area. There are no known historic archaeological resources on site; however, building dates are unavailable for 184 parcels, and it is likely that most or all of these pre- date 1909 (the earliest year for which a building date is given). While it is unlikely that all 184 parcels had dwellings built on them prior to 1909, those that did must have relied on wells or cisterns for their water supply. There were also limited waste disposal options in the late 1800s and early 1900s; these included privy pits and septic systems as well as trash pits or simply discarding trash in vacant lots or canyons. When piped water and sewerage systems were brought into these neighborhoods, the abandoned wells and cisterns were frequently used as convenient places for trash disposal. Current research was unable to determine exactly when municipal water and sewer systems became available within the plan area, but it may have been as late as the 1920s. Based on this analysis, many of the parcels within the plan area may contain potentially significant subsurface archaeological resources. Proposed Mitigation MM CUL-2: Archaeological Letter Report. Prior to future project approvals and the issuance of any construction permits including but not limited to a grading permit, future construction projects within the Westside Specific Plan area shall obtain a qualified archaeologist to conduct a pedestrian survey and records search to determine the potential for the plan area containing significant archaeological resources. A qualified archaeologist shall be a registered professional archaeologist and possess an advanced degree in archaeology, history, or a related discipline- The findings from the pedestrian survey and records search shall be included in a brief archaeological letter report. The report shall conclude if the site has a low, moderate, or high potential to contain prehistoric and historic archaeological resources. Sites characterized with a low potential shall not be required to perform any additional investigative work nor implement any mitigation related to archaeological resources. Sites with a moderate to high potential shall undergo test and evaluation to determine if potentially significant archaeological resources are on site. If a resource is discovered on site and is determined significant based on the evaluation, the site shall be avoided or the qualified archaeologist shall prepare a data recovery plan Westside Specific Plan Findings of Fact and Statement of Overriding Considerations 3-34 February 2010 ICFJBS 440 09 City of National City 3.0 Findings Regarding Significant Effects and require archaeological monitoring during excavation activities, as determined necessary. The details of the data recovery plan or mitigation monitoring shall be tailored to the specific circumstances at the site and shall be designed to reduce project -level impacts on archaeological resources to a level less than significant. Finding The City Council of the City of National City hereby finds that: (X) Changes or alterations have been required in, or incorporated into, the project to avoid or substantially lessen the significant environmental effect as identified in the final EIR. () () Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible mitigation measures or project alternatives identified in the final EIR. Rationale for Finding Prior to future project approvals and the issuance of any construction permits including but not limited to a grading permit, an evaluation would he conducted to determine if the project site has a low, moderate, or high potential for containing archaeological resources. If the evaluation concludes that there is a moderate or high potential, additional study and mitigation would be required. Therefore, mitigation measure MM CUL-2 would reduce Impact CUL-2 to less than significant. Impact CUL-3: Paleontological Resources The study area is mapped as primarily underlain by Pleistocene -age nearshorc marine deposits of the Bay Point Formation. Exceptions include the area along Paradise Creek drainage and the low-lying area west of Coolidge Avenue and generally north of West 17th Street. These two areas are mapped as underlain by modern alluvial and colluvial deposits (Kennedy and "Tan 1977). Based on previous paleontological work in the Barrio Logan and Logan Heights areas of the City of San Diego, as well as the Las Patinas area of National City, the Bay Point Formation in this portion of the coastal plain is considered to have a moderate to high potential for yielding significant paleontological resources. Specific projects that would excavate more than 10 feet deep or disturb more Westside Specific Plan Findings of Fact and Statement of Overriding Considerations 3-35 February 2010 ICFJ&S 440.08 City of National City 3.0 Findings Regarding Significant Effects than 1,000 cubic yards of matrix would be considered to have a potentially significant adverse impact on paleontological resources_ Proposed Mitigation MM CUI,-3: Paleontological Letter Report. Prior to future project approvals and the issuance of any construction permits including but not limited to a grading permit, future construction projects within the Westside Specific Plan area proposing a cut depth greater than 10 feet and 1,000 cubic yards shall obtain a qualified paleontologist to review the proposed construction and grading information to determine if the project would have a moderate to high potential of encountering paleontological resources. A qualified paleontologist shall possess an advanced degree in geology, paleontology, or a related discipline, and shall state his/her professional opinion in a brief paleontological letter report. The report shall include a recommendation as to whether paleontological mitigation monitoring shall be required and provide feasible mitigation at the project level to ensure a significant impact on paleontological resources would not result from future development projects proposed under the Westside Specific Plan. Finding The City Council of the City of National City hereby finds that: (X) Changes or alterations have been required in, or incorporated into, the project to avoid or substantially lessen the significant environmental effect as identified in the final EIR. () () Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible mitigation measures or project alternatives identified in the final EIR. Rationale for Finding Prior to future project approvals and the issuance of any construction permits including but not limited to a grading permit for projects that would excavate more than 10 feet deep or disturb more than 1,000 cubic yards of soil, a qualified paleontologist shall state his/her professional opinion in a brief paleontological letter report. The recommendations of the report will be required as mitigation Westside Specific Plan Findings of Fact and Statement of Overriding Considerations 3-36 February 2010 ICFJBS 440.08 City of National City 3.0 Findings Regarding Significant Effects for the project. Therefore, mitigation measure MM CUL-3 would reduce Impact CUL 3 to less than significant. Impact CUL-4: Human Remains The lack of information combined with appropriate prehistoric conditions means the possibility of unexpected human remains being present within the plan area cannot be categorically excluded. A significant impact would occur without mitigation. Proposed Mitigation MM CUL-2: Archaeological Letter Report. Finding The City Council of the City of National City hereby finds that: (X) Changes or alterations have been required in, or incorporated into, the project to avoid or substantially lessen the significant environmental effect as identified in the final EIR. () () Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible mitigation measures or project alternatives identified in the final EIR. Rationale for Finding Prior to future project approvals and the issuance of any construction permits including but not limited to a grading permit, an evaluation would be conducted to determine if the project site has a low, moderate, or high potential for containing archaeological resources. If the evaluation concludes that there is a moderate or high potential, additional study and mitigation would be required. Therefore, mitigation measure MM CUL-2 would reduce Impact CUI,-4 to less than significant. Westside Specific Plan Findings of Fact and Statement of Overriding Considerations 3-37 February 2010 IGFJ&S 440.08 City of National City 3.0 Findings Regarding Significant Effects Hazards and Hazardous Materials For a full discussion of hazards and hazardous materials impacts, see Chapter 3.9 of the Westside Specific Plan Draft EIR and any revisions contained in Chapter 3 of the final EIR. Impact HAZ-1: Create a Significant Hazard [he hazardous materials record search confirmed that historical industrial and commercial uses in the plan area have resulted in soil and groundwater contamination. Although existing industrial uses would be removed from the Westside Specific Plan area over time, and new industrial uses would not be permitted if the proposed project is approved, redevelopment of existing contaminated sites would potentially pose a significant hazard to the public or environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment. Therefore, because the project would promote the redevelopment of parcels within the plan area, several of which have been subject to contamination, impacts from the redevelopment of such parcels would potentially result in a significant impact during grading, trenching, and general construction. Proposed Mitigation MM HAZ-1: Phase I Environmental Site Assessment. Prior to future project approvals and when there has been identified prior use of hazardous material on site or in close proximity or other factors are present which indicate contaminated soils exist a Phase I Environmental Site Assessment (ESA) shall be completed for the project site proposed for development or redevelopment within the Westside Specific Plan boundaries. The Phase I ESA shall include a comprehensive records search, consideration of historical information, onsite evidence of hazardous material use, storage, or disposal, and a recommendation as to whether a Phase II soil testing and chemical analysis is required. In addition, the Phase I ESA will review the permit status of nearby businesses to ensure they are in compliance and would not pose a potentially significant impact on proposed new development. MM HAZ-2: Phase II Environmental Site Assessment. If mitigation measure MM HAZ-I requires a Phase II ESA, the Phase I1 ESA shall include, but not be limited to the following: • A work plan that includes the number and locations of proposed soil/monitoring wells, sampling intervals, drilling and sampling methods, analytical methods, sampling rationale, site geohydrology, field screening methods, quality control/quality assurance, and reporting methods. Where Westside Specific Plan Findings of Fact and Statement of Overriding Considerations 3-38 February 2010 ICFJ&S 440.08 City of National City 3.0 Findings Regarding Significant Effects appropriate, the work plan is approved by a regulatory agency such as the DTSC, RWQCB, or County HMD. • A site -specific health and safety plan signed by a Certified Industrial Hygienist. • Necessary permits for encroachment, boring completion, and well installation. • Sampling program (fieldwork) in accordance with the work plan and health and safety plan_ Fieldwork is completed under the supervision of a State of California registered geologist. • Ilazardous materials testing through a state -certified laboratory. • Documentation including a description of filed procedures, boring Togs/well construction diagrams, tabulations of analytical results, cross -sections, an evaluation of the levels and extent of contaminants found, and conclusions and recommendations regarding the environmental condition of the site and the need for further assessment. A remedial action plan will be developed as determined necessary by the Principal Investigator. Contaminated groundwater will generally be handled through the NPDES/dewatering process. • Disposal process including transport by a state -certified hazardous material hauler to a state -certified disposal or recycling facility licensed to accept and treat the identified type of waste. MM HAZ-3: Compliance with Local, State, and Federal Laws and Regulations (Phase HI). In the event hazardous materials are determined to be present, the property owner, developer, or responsible party shall be required to contact the local CUPA or applicable regulatory agency to oversee the remediation of the property in compliance with all applicable local, county, state, and federal laws. The property owner, developer, or responsible party shall be responsible for funding or securing funding for the site remediation and shall provide proof to the City that the site contaminants have been properly removed in compliance with all applicable laws and regulations prior to project development. Finding The City Council of the City of National City hereby finds that: (X) Changes or alterations have been required in, or incorporated into, the project to avoid or substantially lessen the significant environmental effect as identified in the final EIR. () Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such Westside Specific Plan Findings of Fact and Statement of Overriding Considerations 3-39 February 2010 ICFJ&S 440-08 City of National City 3.0 Findings Regarding Significant Effects () changes have been adopted by such other agency or can and should be adopted by such other agency. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible mitigation measures or project alternatives identified in the final E1R. Rationale for Finding Implementation of mitigation measures MM HAZ-1 through MM HAZ-3 would ensure that any impacts from the existing presence of hazardous materials would be avoided by remediating the site prior to construction_ Therefore, Impact IIAZ-1 would be Tess than significant. Impact HAZ-2: Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school Proposed land uses, including the implementation of new uses that comply with the acceptable land uses or acceptable substitution of non -conforming land uses (Municipal Code Section 18.108 and 18.108.100) would not permit new industrial uses that might emit or handle hazardous or acutely hazardous materials. However, new development allowed by the proposed project could occur on currently contaminated sites and trigger further release of hazardous materials by causing the lateral spread of contaminated soils or groundwater during ground disturbance_ Such spreading could impact existing schools within the plan area. Proposed Mitigation MM I1AZ-1: Phase 1 Environmental Site Assessment. MM IIAZ-2: Phase 1I Environmental Site Assessment. MM HAZ-3: Compliance with Local, State, and Federal Laws and Regulations (Phase III). Finding The City Council of the City of National City hereby finds that: Westside Specific Plan Findings of Fact and Statement of Overriding Considerations 3-40 February 2010 ICFJBS 440.0E City of National City 3.0 Findings Regarding Significant Effects (X) () O Changes or alterations have been required in, or incorporated into, the project to avoid or substantially lessen the significant environmental effect as identified in the final EIR. Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by such other agency or can and should be adopted by such other agency. Specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make infeasible mitigation measures or project alternatives identified in the final FIR. Rationale for Finding Implementation of mitigation measures MM HAZ-I through MM HAZ-3 would ensure that any impacts from the existing presence of hazardous materials would be avoided by remediating the site prior to constmction_ Therefore, Impact HAZ-2 would be less than significant. Westside Specific Plan Findings of Fact and Statement of Overriding Considerations 3-41 February 2010 ICFJ&S 440.08 Overview Chapter 4 Findings on Project Alternatives Chapter 7 of the draft EIR (with revisions in Chapter 3 of the final EIR) discusses a reasonable range of alternatives to satisfy Section 15126.6 of the CEQA Guidelines, which states that an "EIR shall describe a range of reasonable alternatives to the project, or to the location of the project, which would feasibly attain most of the basic objectives of the project but would avoid or substantially lessen any of the significant effects of the project." As such, the alternatives discussed within Chapter 7 meet most of the proposed project objectives and would either avoid or reduce some of the significant effects of the proposed project. In addition, as required by CEQA, the No Project Alternative is included in the analysis. All four alternatives have been qualitatively analyzed at a level that provides sufficient information about the environmental effects of each alternative for comparative purposes and to allow for informed decision -making. The alternatives identified for the Westside Specific Plan are: • Alternative 1 No Project Alternative • Alternative 2 No Mixed -Use Alternative • Alternative 3 —Reduced Buildout Alternative • Alternative 4—Retain and Expand Industrial Uses Alternative Alternatives considered and rejected from further comparison because they did not meet several of the main project objectives, did not reduce a significant environmental impact, or were infeasible, include the following: • Transfer of Development Rights Alternative • Multi -family Residential Only (No Single -Family Residential) Alternative • Cluster Development and Increased ()pen Space Alternative • Alternative Site Selection Alternative Westside Specific Plan Findings of Fact and Statement of Overriding Considerations 4-1 February 2010 ICFJBS 440.08 City of National City 4.0 Alternatives to the Project CEQA Project Objectives and Section Criteria The proposed project's objectives were developed based on the community planning process described in Chapter 2, "Project Description." Objectives are numbered 1 through 8 for ease of reference within this chapter. 1. Preserve and enhance the residential characteristics of the Westside. 2. Allow new residential development that is compatible with the neighborhood's traditional architecture, scale, and massing. 3. Allow new building heights up to five stories in the MCR-2 zone. 4. Allow mixed uses that increase neighborhood activity and engagement as well as create a living environment where people can walk for goods, services, recreation, and transit. 5. Reduce co -location of housing with businesses that use, store, or generate hazardous materials. 6. Buffer housing from freeway emissions and noise. 7. Reduce environmental impacts on Paradise Creek. 8. Actively enforce the City's Municipal Code Section 18.108 and 18.108.100 (Substitution of Non -Conforming Uses) as part of the development review process for existing projects requiring permit renewals and for future proposed projects within the Westside Specific Plan area. Alternative 1—No Project Alternative Evaluation of the CEQA-required No Project Alternative compares the impacts of the proposed project against the impacts of not approving the project. Under this alternative, any future projects within the 100-acre Westside neighborhood would be evaluated based on the existing land uses and zones applied to the neighborhood. As such, future development and land use improvements for the No Project Alternative would be evaluated according to the existing Light Manufacturing Residential (MLR), Light Manufacturing Planned Development (ML-PD), Civic Institutional Open Space (IC -OS), and Heavy Commercial (CH) land uses. The Open Space Reserve (OSR), Limited Commercial (CL), Civic Institutional (IC), and three new zones not currently used by the City — Residential Single -Family (RS-4), Mixed Use Commercial -Residential (MCR-1), and Mixed Use Commercial -Residential (Smart Growth Center, MCR-2) would not be implemented. Westside Specific Plan Findings of Fact and Statement of Overriding Considerations 4-2 February 2010 ICFJ&S 440.08 City of National City 4.0 Alternatives to the Project Finding The National City City Council hereby finds that specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make the No Project Alternative infeasible. Facts in Support of Finding When compared against the proposed project, the No Project Alternative would result in greater environmental impacts on air quality, biological resources, and hazards and hazardous materials. In addition, the No Project Alternative would not meet most of the project objectives (1, 2, 3, 4, 5, 7, and 8), which include reducing the co -location of housing with businesses that use, store, or generate hazardous materials. For these reasons. the proposed project is preferred to the No Project Alternative. Alternative 2—No Mixed -Use Alternative Finding The No Mixed -Use Alternative considers replacing the Mixed -Use Commercial - Residential (MCR-1) and Mixed Use Commercial -Residential (Smart Growth Center, MCR-2) zones with Residential Single -Family (RS-4) to reduce significant project impacts associated with air quality and traffic. The City's non -conforming use ordinance and Paradise Creek Restoration Plan would still apply to the plan area; and the proposed Limited Commercial (CL), Civic Institutional (IC), and Open Space Reserve (OSR) land uses would remain unchanged from the proposed project. 'fhe National City City Council hereby finds that specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make the No Mixed -Use Alternative infeasible. Facts in Support of the Finding Although the No Mixed -Use Alternative would reduce impacts on air quality and traffic, this alternative does not achieve objectives 3 or 4, which are targeted to encourage smart growth opportunities within the Westside neighborhood by Westside Specific Plan Findings of Fact and Statement of Overriding Considerations 4-3 February 2010 ICFJ8S 440 08 City of National City 4.0 Alternatives to the Project allowing building heights up to five stories in the mixed -use (MCR-2) zone; encouraging a mix of land uses, including office and commercial, to support neighborhood activities and walkability; and encouraging density near mass transit. For these reasons, the proposed project is preferred to the No Mixed -Use Alternative. Alternative 3—Reduced Buildout Alternative Finding The Reduced Buildout Alternative evaluates impacts of the proposed Westside Specific Plan using a similar land use plan, but with half the density/intensity of development. The Reduced Buildout Alternative considers a buildout of approximately 829 single- and multi -family residential units and 2,869 new residents. Office and commercial development also would be reduced by half, resulting in 334,570 square feet of office and 446,094 square feet of retail. This alternative would reduce impacts associated with traffic, circulation, and parking; air quality; and noise. The National City City Council hereby finds that specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make the Reduced Buildout Alternative infeasible. Facts in Support of the Finding Although the Reduced Buildout Alternative would reduce impacts on air quality, noise, and traffic, this alternative does not achieve objectives 3 or 4, which are targeted to encourage smart growth opportunities within the Westside neighborhood by allowing building heights up to five stories in the mixed -use (MCR-2) zone; encouraging a mix of land uses, including office and commercial, at an intensity that would support a jobs -housing balance and promote walkability; and encouraging density near mass transit to offer alternatives to automobile use. For these reasons, the proposed project is preferred to the No Mixed -Use Alternative. Westside Specific Plan Findings of Fact and Statement of Overriding Considerations 4-4 February 2010 ICFJ&S 440.08 City of National City 4.0 Alternatives to the Project Alternative 4—Retain and Expand Industrial Uses Alternative Finding The Retain and Expand Industrial Uses Alternative would involve a land use plan that (1) encouraged removal of the Residential Single -Family land use designation and RS-4 zone and (2) did not propose mixed -use residential land use designations and the MCR-1 and MCR-2 zones. Instead, these zones would be replaced with land uses that permit and encourage light -industrial uses, similar to the Tight -industrial and automobile -related uses currently within the Westside neighborhood. 'fhe purpose for this alternative is to avoid any co -location issues from a neighborhood mix of residential and light -industrial uses by removing the residential uses and replacing them with other light -industrial uses, thereby eliminating negative impacts on residential uses caused by the light -industrial uses and zones within the Westside neighborhood. The National City City Council hereby finds that specific economic, legal, social, technological, or other considerations, including provision of employment opportunities for highly trained workers, make the Retain and Expand Industrial Uses Alternative infeasible. Facts in Support of the Finding The Retain and Expand Industrial Uses Alternative would not reduce any impacts identified for the proposed project. Moreover, this alternative does not achieve objectives 1, 2, 3, or 4, all which emphasize residential characteristics and smart growth. For these reasons, the proposed project is preferred over the Retain and Expand Industrial Uses Alternative. Environmentally Superior Alternative The Reduced Buildout Alternative evaluates impacts of the proposed Westside Specific Plan using a similar land use plan, but with half the density/intensity of development. The Reduced Buildout Alternative considers a buildout of approximately 829 single- and multi -family residential units and 2,869 new residents. Office and commercial development also would be reduced by half, resulting in 334,570 square feet of office and 446,094 square feet of retail. This alternative is considered the Environmentally Superior Alternative, and would reduce impacts associated with traffic, circulation, and parking; air quality; and Westside Specific Plan Findings of Fact and Statement of Overriding Considerations 4-5 February 2010 IChJ&S 440.08 City of National City 4.0 Alternatives to the Project noise. Table 4-1 provides a comparison matrix of the proposed projects irnpacts in comparison to the project alternatives. Table 4-1. Comparison of Project Alternative Impacts to Significant Proposed Project Impacts Environmental Analysis Issue Area No Project Alternative (Alternative 1) No Mixed -Use Alternative (Alternative 2) Reduced Buildout Alternative- Environmentally Superior Alternative (Alternative 3) Retain and Expand Industrial Uses Alternative (Alternative 4) Traffic, Circulation, and Parking Reduced Reduced Reduced Greater Air Quality Greater Reduced Reduced Greater Noise Mixed Similar Reduced Greater Cultural Resources Similar Similar Similar Similar Biological Resources Greater Similar Similar Greater Hazards and Hazardous Materials Greater Similar Similar Greater Effects Not Significant Mixed Similar Similar Greater Summary Finding Based on the alternatives discussion provided in the EIR and the information above, the City Council determines that the proposed project is the only feasible alternative that meets the project objectives listed in draft EIR (included above). The proposed project will seek to preserve and enhance the residential characteristics of the Westside; allow new residential development that is compatible with the neighborhood's traditional architecture, scale, and massing; allow new building heights up to five stories in the MCR-2 zone; allow mixed uses that increase neighborhood activity and engagement as well as create a living environment where people can walk for goods, services, recreation, and transit; reduce co -Location of housing with businesses that use, store, or generate hazardous materials; buffer housing from freeway emissions and noise; and reduce enviromnental impacts on Paradise Creek. weiramoimi Westside Specific Plan Findings of Fact and Statement of Overriding Considerations 4-6 February 2010 ICFJ&S 440-08 Chapter 5 Statement of Overriding Considerations Development under the proposed project would result in significant and unavoidable adverse impacts on air quality and noise. Significant and unavoidable adverse cumulative impacts would occur on air quality and climate change; noise; and traffic and circulation. There are no feasible mitigation measures within the responsibilities and jurisdiction of the City that would reduce these impacts to a level of less than significant. The final FIR has identified unavoidable significant impacts. Section 15093(b) of the State CEQA Guidelines specifies that when the decision of the public agency approves a project that will result in the occurrence of significant impacts that are identified in the EIR but are not avoided or substantially lessened, the agency must state in writing the reasons to support its action hased on the completed EIR and!or other information in the record. Accordingly, the City adopts the following Statement of Overriding Considerations. The City recognizes that significant and unavoidable impacts would result from the implementation of the proposed project. Having (1) adopted all feasible mitigation measures; (2) rejected the alternatives to the project discussed above; (3) recognized all significant, unavoidable impacts; and (4) balanced the benefits of the proposed project against the significant and unavoidable effects, the City finds that the benefits outweigh and override the significant unavoidable effects for the reasons stated below. Any one of the reasons for approval is sufficient to justify approval of the proposed project. These reasons summarize the benefits, goals, and objectives of the proposed project. The substantial evidence supporting the various benefits can be found in the preceding findings and elsewhere in the Record of Proceedings. These overriding considerations of economic, social, environmental, and other benefits outweigh environmental costs and justify approval of the proposed project and certification of the EIR. Implementation of the Westside Specific Plan would further benefit the City of National City, as follows: Social 1. The project would result in reestablishing the Westside as a safe, healthy, and vibrant neighborhood where people engage in community life. Westside Specific Plan Findings of Fact and Statement of Overriding Considerations 5-1 February 2010 ICFJ&S 440.08 City of National City 5.0 Statement of Overriding Considerations 2. The project would encourage single-family homes and small residential development with supporting retail services. This would achieve the vision of returning residential -turned -industrial properties to homes. 3. The project would allow for the future development of up to an additional 1,425 residential dwelling units. 4. The project would implement Paradise Creek as an important source of neighborhood pride and enjoyment by restoring habitat and zoning for compatible land uses on adjacent properties. 5. The project would further enhance neighborhood reestablishment by reducing the number of incompatible land uses by providing guidelines for amortization. 6_ The project would allow for transforming the current Public Works Center into a transit -oriented infill affordable housing project. Economic 1. The project would allow for an increase in retail, commercial, and office space, which would provide opportunities to increase sales tax revenue and offer services to residents not currently available. 2. The project's proposed transit -oriented infill affordable housing project would contain an "incubator" component that would provide training and services that assist tenants in pursuing home ownership and higher paying jobs. 3. The project would result in job creation during construction phases, such as the construction of the transit -oriented infill affordable housing project. 4. The project would result in an increase in property taxes through redevelopment of underutilized and vacant parcels and through lot consolidation that would allow for compact residential and commercial development. Environmental 1. The project would result in minimizing adverse effects as the community grows by providing strategies for amortizing uses that would no longer be permitted with the land uses, which would be primarily auto body shops and auto repair shops. 2. "1'he project would establish the planning framework to improve traffic and pedestrian circulation to enhance mobility. 3. The project would enhance Paradise Creek as a public amenity and natural resource. 4. The project would improve air quality through the discontinuance and amortization of polluting land uses. imarie Westside Specific Plan Findings of Fact and Statement of Overriding Considerations 5-2 February 2010 ICFJBS 440.08 City of National City 5.0 Statement of Overriding Considerations Other Benefits 1. The project would improve the quality of life for the residents by providing accessible services, removing toxic uses, and enhancing the streetscape for pedestrians. Implementation of the Westside Specific Plan would help fulfill the goals of the project: 1. Preserve and enhance residential characteristics of Westside. 2. Encourage single-family residential development that is compatible with the neighborhood's traditional architecture, scale, and massing. 3. Limit new building heights to two and three stories within the residential, mixed -commercial residential (MCR-I) and Limited Commercial, while limiting the height of the mixed -use commercial (MCR-2) and the proposed Transit Oriented Development to five stories. 4. Encourage retail and commercial uses that increase neighborhood activity and engagement as well as create a living environment where people can walk for goods, services, recreation, and transit. 5. Reduce co -location of housing and businesses that use, store, or generate hazardous materials through amortization of those businesses. 6. Buffer new residential development from freeway emissions and noise. 7. Reduce impacts to Paradise Creek through development that is sensitive to the habitat. 8. Encourage new businesses and the conversion of existing non -conforming business to non -impactive uses that are compatible with the environrnent and community goals. 9. Actively pursue partnerships to construct 200 affordable housing units throughout the plan area and to concentrate efforts towards meeting these affordable housing goals on parcels surrounding Paradise Creek. 10. Ensure that the open space near the creek is preserved within an open space easement and passive and active park amenities are installed adjacent to the natural areas of open space. hnplementation of this project would help fulfill objectives of the plan: 1. Significantly reduce potential public health threats, such as increased incidence of cancer and respiratory diseases, associated with residents' exposure to hazardous materials, such as those found in auto body and auto repair shops. 2. Address the current community conflicts between residential and industrial land uses. Wesfside Specific Plan Findings of Fact and Statement of Overriding Considerations 5-3 February 2010 ICFJ85 440.08 City of National City 5.0 Statement of Overriding Considerations For the reasons described above, the benefits of the proposed Westsidc Specific Plan, General Plan Amendment, and Rezone outweigh its unavoidable adverse environmental effects, and consequently, the adverse environmental effects are considered "acceptable" in accordance with Section 15093(c) of the State CEQA Guidelines. Westside Specific Plan Findings of Fact and Statement of Overriding Considerations 5-4 February 2010 ICFJ&S 440.08 Resolution No. 05-2010 Exhibit B Mitigation Monitoring and Reporting Program Westside Specific Plan Environmental Impact Report (SCH #2008071092) f National City Exhibit B: MMRP Table A-1. Mitigation Monitoring and Reporting Program for the Westside Specific Plan Mitigation Measures Timing and Methods Responsible Parties AIRQUALITY MM AQ-la: Fugitive Dust and Exhaust Control Measures. The SDAPCD has recently adopted a rule (Rule 55) that requires fugitive dust control measures for construction and demolition projects. Future development proposed within the Westside neighborhood shall be required to employ fugitive dust control measures to reduce the amount of fugitive dust. The selection of specific measures is left to the discretion of the project operator. Additional measures to reduce NOx an ROG emissions may be needed if construction -related emissions exceed the screening level emission thresholds (Table 3.2-9 in the DEIR). Such measures can include, but are not be limited to, the following: • Inactive Construction Areas. Apply non -toxic soil stabilizers according to manufacturers' specification to all inactive construction areas. • Exposed Stockpiles. Enclose, cover, water twice daily, or apply non- toxic soil binders according to manufacturers' specification to exposed piles. • Active Site Areas, Water active site areas twice daily. • Hauling. Cover all haul trucks hauling dirt, sand, soil, or other loose materials or maintain two feet of freeboard. • Adjacent Roadways. Install wheel washers where vehicles enter and exit unpaved roads onto paved roads, or wash off trucks and any equipment leaving the project site. • Adjacent Roadways. Sweep streets at the end of the day if visible soil material is carried onto adjacent public paved roads. • Unpaved Roads and Parking/Staging Areas, Apply water three times daily or non -toxic soil stabilizers according to manufacturers' specification to all unpaved roads and parking or staging areas. • Speed Limit. Limit traffic speeds on unpaved areas to 10 miles per Timing: During construction and ground disturbing activities (e.g. grading) Methods: Implement fugitive dust and exhaust control measures during construction activities. Verify implementation during construction and ground disturbing by requiring reporting. Implementation: Applicant, Developer, or Project Proponent Monitoring and Reporting: Qualified agent, approved by the City, of the Applicant, Developer, or Project Proponent Verification: City AM0.j¢ia ._. ,,. ;MY$a . T i.l?.1,6Ai i itt'Ia+ittVElli' AIMEW TICI w eRY1 MF., +..."W€S4.`fault?ik"SPii'tl . "�VSI 'x�i97M.I.MT:i:d..t .? as;N ...Y' S Y fi ,.,..r. c...,^, it m.ma.11M1Hz� .., tM ) `c(if xMA. n Westside Specific Plan Final Environmental Impact Report A-1 City of National City Exhibit $: ivIMRP Mitigation Measures Timing and Methods Responsible Parties hour. • Disturbed Areas. When active construction ceases on the site, replace ground cover as quickly as possible. • Equipment maintenance. Install emission controls (cooled exhaust recirculation, lean -NO, catalysts), tune equipment and reduce idling time. • Equipment age. Require models newer than 1996. • Coatings. Use VOC-free or low-VOC coatings, limit the amount of coating and paints applied daily, or rent or purchase VOC Emission Reduction Credits. MM AQ-lb: Mitigation Measures to Reduce Project Operational Emissions. Operational emissions could be reduced by incorporating various mitigation measures. Within URBEMIS, the following mitigation measures could be implemented to reduce operational emissions: • Increased Energy Efficiency (20%) beyond Title 24. • Use of electric landscaping equipment with access to outside electrical outlets (20% of total landscaping equipment) • Use of low- or no-ROG/VOC paints (a minimum of 40% below typical paints). • Impact AQ-2 is fully mitigated by implementing MM AQ-la and MM AQ-lb. Therefore, the heading MM AQ-2 is not used and the same timing and methods apply as listed in MM AQ-la and MM AQ-lb. N/A N/A MM AQ-3: Building Design Measures to Reduce Exposure of Residents to Pollutant Emissions. Mitigation measures to reduce pollutant emissions for the proposed multi- family dwelling units in close proximity (i.e., within 500 feet) of I-5 shall include: ■ providingthe facilitywith individual heating, ventilation, and air g conditioning (HVAC) systems in order to allow adequate ventilation Timing: Prior to the issuance of the building permits (bullet 1-3); prior to the issuance of the discretionary permit (bullet 4) Methods: Confirm on building plans that bullets 1-3 are listed; verify installation prior to the issuance of the occupancy permit; consult with Caltrans on bullet 4 Implementation: Applicant, Developer, or Project Proponent • Monitoring and Reporting: Qualified agent, approved by the City, of the Applicant, Developer, or nIal,t: e lY,;..„, ,,.STxll a'3°-.:04w vMIP.7.E`i i auc <ACOM, Westside Specific Plan Final Environmental Impact Report A-2 f National City Exhibit B::v1MRP Mitigation Measures Timing and Methods Responsible Parties with windows closed; Project Proponent • locating air intake systems for HVAC systems as far away from the existing air pollution sources as possible; Verification: City • using high efficiency particulate air (HEPA) air filters in the HVAC system and developing a maintenance plan to ensure the filtering system is properly maintained; and utilizing only fixed windows next to any existing sources of pollution; and • explore the use of vegetated berms to help reduce residential land use exposure to emissions from I-5. Consult with Caltrans to determine the feasibility of installing vegetated berms. MM AQ-4: Project Design Features to Reduce Project Contribution to Timing: Prior to the issuance of the discretionary Implementation: Climate Change. There are a number of project design features that could permit Applicant, Developer, or be included in the proposed project that will help to reduce future GHG Methods: The development plans will list Project Proponent emissions. Below is a list of potential design features that should be appropriate measures taken from MM AQ-4 prior to incorporated, as feasible, into future projects to ensure consistency with adopted State-wide plans and programs. The measures outlined below are not meant to be exhaustive, but are meant to provide a sample list of the issuance of the discretionary permit. Similarly, as appropriate the building plans will list measures as they apply to the proposed structures. Verify Monitoring and Reporting: Qualified agent, approved by the City, of the measures that could be incorporated into future project design. installation of specific measures listed on plans prior Applicant, Developer, or Energy Efficiency to the issuance of the occupancy permit. Project Proponent • Design buildings to be energy efficient. Verification: City • Install efficient lighting and lighting control systems. Site and design building to take advantage of daylight. • Use trees, landscaping and sun screens on west and south exterior building walls to reduce energy use. • Install light colored "cool" roofs and cool pavements. • Provide information on energy management services for large energy users. • Install energy efficient heating and cooling systems, appliances and equipment, and control systems. • Install light emitting diodes (LEDs) for traffic, street and other outdoor lighting. .w ffs°n:+.ei9simnet"41.`v".astE'£F"miw 5. Westside Specific Plan Final Environmental Impact Report A-3 City of National City Exhibit B: MMRP Mitigation Measures Timing and Methods Responsible Parties ■ Limit the hours of operation of outdoor lighting. • Use solar heating, automatic covers. and efficient pumps and motors for pools and spas. ■ Provide education on energy efficiency. Renewable Energ • Install solar or wind power systems and solar hot water heaters. Educate consumers about existing incentives. • Install solar panels on carports and over parking areas. ■ Use combined heat and power in appropriate applications. Water Conservation and Efficiency • Create water -efficient landscapes. • Install water -efficient irrigation systems and devices, such as soil moisture -based irrigation controls. ■ Use reclaimed water for landscape irrigation in new developments and on public property. Install the infrastructure to deliver and use reclaimed water. • Design buildings to be water -efficient. Install water -efficient fixtures and appliances. • Use of graywater (or untreated household waste water from bathtubs, showers, bathroom wash basins, and water from clothes washing machines). For example, install dual plumbing in all new development allowing graywater to be used for landscape irrigation. • Restrict watering methods (e.g., prohibit systems that apply water to non -vegetated surfaces) and control runoff. • Restrict the use of water for cleaning outdoor surfaces and vehicles. • Implement low -impact development practices that maintain the existing hydrologic character of the site to manage storm water and protect the environment. (Retaining storm water runoff on -site can drastically reduce the need for energy -intensive imported water at the site). • Devise a comprehensive water conservation strategy appropriate for i° _r:Eb�. 5<JSMi%£siXtr ry a.'xg±P., MZWZWSMZo-».iIRMw'Y'rSNk, . e"..w.'n�a alt,.M:.dFSsfi#i£.angSC. tP`a°S;AuOro 4y rr.?*.P.xnW, RitaSTh,@ t+4ac ? b. M. a.w & t. • 0V9., .R.. MswpiVas,.MVt RZM:1 gi.Vw i am si Westside Specific Plan A-4 Final Environmental Impact Report Exhibit B: WIM P f National City Mitigation Measures Timing and Methods Responsible Parties the project and location. The strategy may include many of the specific items listed above, plus other innovative measures that are appropriate to the specific project. • Provide education about water conservation and available programs and incentives. Solid Waste Measures • Reuse and recycle construction and demolition waste (including, but not limited to, soil, vegetation, concrete, lumber, metal, and cardboard), • Provide interior and exterior storage areas for recyclables and green waste and adequate recycling containers located in public areas. • Recover by-product methane to generate electricity. • Provide education and publicity about reducing waste and available recycling services. • Transportation and Motor Vehicles • Limit idling time for com nercial vehicles, including delivery and construction vehicles. • Use low or zero -emission vehicles, including construction vehicles. • Promote ride sharing programs e.g., by designating a certain percentage of parking spaces for ride sharing vehicles, designating adequate passenger loading and unloading and waiting areas for ride sharing vehicles, and providing a web site or message board for coordinating rides, • Create car sharing programs. Accommodations for such programs include providing parking spaces for the car share vehicles at convenient locations accessible by public transportation. • Create local "light vehicle" networks, such as neighborhood electric vehicle (NEV) systems. • Provide the necessary facilities and infrastructure to encourage the use of low or zero -emission vehicles (e.g., electric vehicle charging facilities and conveniently located alternative fueling stations). • Increase the cost of driving and parkingprivate vehicles by, e.g.. Westside Specific Plan Final Environmental Impact Report A-5 City of National City Exhibit B: MMRP Mitigation Measures Timing and Methods Responsible Parties imposing tolls and parking fees. • Institute a low -carbon fuel vehicle incentive program. • Provide shuttle service to public transit. • Provide public transit incentives such as free or low-cost monthly transit passes. • Promote "least polluting" ways to connect people and goods to their destinations. • Incorporate bicycle lanes and routes into street systems, new subdivisions, and large developments. • Incorporate bicycle -friendly intersections into street design. • For commercial projects, provide adequate bicycle parking near building entrances to promote cyclist safety, security, and convenience. For large employers, provide facilities that encourage bicycle commuting, including, e.g., locked bicycle storage or covered or indoor bicycle parking. • Create bicycle lanes and walking paths directed to the location of schools, parks and other destination points. • Work with the school district to restore or expand school bus services. • Institute a telecommute and/or flexible work hours program. Provide information, training, and incentives to encourage participation. Provide incentives for equipment purchases to allow high -quality teleconferences, • Provide information on all options for individuals and businesses to reduce transportation -related emissions. Provide education and information about public transportation. Further, the Attorney General's Office has identified a non -exhaustive list of measures to reduce GHG emissions at the general plan level. While these are intended to be incorporated at the general plan level, the City could incorporate many of these into future development within the Specific Plan area. These measures include, but are not limited to, the following: • Strengthen building codes within the Westside Area for new construction and renovation to require a higher level of energy •l-rMA.E. .?n.`::x:'3R,*.`,'.. .'%_"Mii €-,?ftNV A v.'f.'Z, a;:,,.l .:Y. ,", ",{feN:N.v, 5'1f'9h;^'t,"d i°«t"".``".t „s. t�'.f3 ut «..$..:ter.. "^."..�,it:: :5'. '!w "k" G£" �., 5. , eC F"�5.,�, .,.,k. ..x;:`, t'.;.� §tY, �'�, w s. .:' z"?*=...a°'++'. r�s., S:� E' WME Westside Specific Plan A-6 Final Environmental Impact Report .71- National City Exhibit B: MMRP Mitigation Measures Timing and Methods Responsible Parties efficiency. • Require that all new government buildings, and all major renovations and additions, meet identified green building standards, • Ensure availability of funds to support enforcement of code and permitting requirements. • Adopt a "Green Building Program" to require or encourage green building practices and materials, The program could be implemented through, e.g., a set of green building ordinances. • Require orientation of buildings to maximize passive solar heating during cool seasons, avoid solar heat gain during hot periods, enhance natural ventilation, and promote effective use of daylight. Building orientation, wiring, and plumbing should optimize and facilitate opportunities for on -site solar generation and heating. • Provide permitting -related and other incentives for energy efficient building projects, e.g., by giving green projects priority in plan review, processing and field inspection services, • Conduct energy efficiency audits of existing buildings by checking, repairing, and readjusting heating, ventilation, air conditioning, lighting, water heating equipment, insulation and weatherization. Offer financial incentives for adoption of identified efficiency measures. • Partner with community services agencies to fund energy efficiency projects, including heating, ventilation, air conditioning, lighting. water heating equipment, insulation and weatherization, for low income residents. • Target local funds, including redevelopment and Community Development Block Grant resources, to assist affordable housing developers in incorporating energy efficient designs and features. • Provide innovative, low -interest financing for energy efficiency and alternative energy projects. For example, allow property owners to pay for energy efficiency improvements and solar system installation through long-term assessments on individual property tax bills. • Fund incentives to encourage the use of energy efficient vehicles, equipment and li_htin:. Provide financial incentives for adoption of Westside Specific Plan Final Environmental Impact Report A-7 City of National City Exhibit B: MMRP Mitigation Measures Timing and Methods Responsible Parties identified efficiency measures. • Require environmentally responsible government purchasing. Require or give preference to products that reduce or eliminate indirect greenhouse gas emissions, e.g., by giving preference to recycled products over those made from virgin materials. • Require that government contractors take action to minimize greenhouse gas emissions, e.g., by using low or zero -emission vehicles and equipment. • Adopt a "heat island" mitigation plan that requires cool roofs, cool pavements, and strategically placed shade trees. (Darker colored roofs, pavement, and lack of trees may cause temperatures in urban environments to increase by as much as 6-8 degrees Fahrenheit as compared to surrounding areas.) Adopt a program of building permit enforcement for re -roofing to ensure compliance with existing state building requirements for cool roofs on non-residential buildings. • Adopt a comprehensive water conservation strategy. The strategy may include, but not be limited to, imposing restrictions on the time of watering, requiring water -efficient irrigation equipment, and requiring new construction to offset demand so that there is no net increase in water use. Include enforcement strategies, such as citations for wasting water. • Adopt water conservation pricing, e.g., tiered rate structures, to encourage efficient water use. • Adopt fees structures that reflect higher costs of services for outlying areas. • Adopt water -efficient landscape ordinances, • Strengthen local building codes for new construction and implement a program to renovate existing buildings to require a higher level of water efficiency. • Adopt ordinances requiring energy and water efficiency upgrades as a condition of issuing permits for renovations or additions, and on the sale of residences and buildings. • Provide individualized water audits to identify conservation tVestside Specific Plan Final Environmental Impact Report -8 of National City Exhibit B: NLWRP Mitigation Measures Timing and Methods Responsible Parties opportunities, Provide financial incentives for adopting identified efficiency measures. • Provide water audits for large landscape accounts. Provide financial incentives for efficient irrigation controls and other efficiency measures. • Require water efficiency training and certification for irrigation designers and installers, and property managers. • Implement or expand city or county -wide recycling and composting programs for residents and businesses. Require conunercial and industrial recycling. • Extend the types of recycling services offered (e.g., to include food and green waste recycling). • Establish methane recovery in local landfills and wastewater treatment plants to generate electricity, • Implement Community Choice Aggregation (CCA) for renewable electricity generation. (CCA allows cities and counties, or groups of them, to aggregate the electric loads of customers within their jurisdictions for purposes of procuring electrical services. CCA allows the community to choose what resources will serve their loads and can significantly increase renewable energy.) • Preserve existing conservation areas (e.g., forested areas, agricultural lands, wildlife habitat and corridors, wetlands, watersheds, and groundwater recharge areas) that provide carbon sequestration benefits. • Establish a mitigation program for development of conservation areas. Impose mitigation fees on development of such lands and use funds generated to protect existing, or create replacement, conservation areas. • Provide public education and information about options for reducing greenhouse gas emissions through responsible purchasing, conservation, and recycling. ,tee+ wtx1,0:—T AV 3'.°Z5Fg i,SI,N.1,.trg..t,r3''',3' XVZ-� VY''IV''' INestside Specific Plan Final Environmental Impact Report A-9 City of National City Exhibit B: MMRP Mitigation Measures Timing and Methods Responsible Parties NOISE \41S4 NOI-1: Implement Construction Noise Reduction Measures. Mitigation measures MM NOI-1,1 through MM N01-1.8 shall be implemented as applicable to future projects proposed within the Westside Specific Plan area. MM NOI-1.1: Equipment Sound Attenuation. All noise -producing construction equipment and vehicles using internal combustion engines shall be equipped with mufflers, air -inlet silencers where appropriate, and any other shrouds, shields, or other noise -reducing features in good operating condition that meet or exceed original factory specification. Mobile or fixed "package" equipment (e.g., arc -welders, air compressors) shall be equipped with shrouds and noise control features that are readily available for that type of equipment. MM NOI-1.2. Use of Electrical Equipment. Electrically powered equipment shall be used instead of pneumatic or internal combustion powered equipment, where feasible. MM NOI-1.3. Distance from Sensitive Receptors. Material stockpiles and mobile equipment staging, parking, and maintenance areas shall be located as far as practicable from noise -sensitive receptors. MM NOI-1.4. Construction Traffic Speeds. Construction site and access road speed limits shall be established and enforced during the construction period. MM NOI-1.5. Hours of Construction. Construction operations shall not occur between 7:00 p.m. and 7:00 a.m. Monday through Friday, or at any time on weekends or holidays. The hours of construction, including noisy maintenance activities and all spoils and material transport, shall be restricted to the periods and days permitted by the local noise or other applicable ordinance. Noise -producing construction activity shall comply with, or in special circumstances obtain exem.tions from, local noise control re 'Illations affectin construction Westside Specific Plan Final Environmental Impact Report Timing: Prior to approving the discretionary permit; during construction Methods: During development review, confirm development plans list MM NOI-1,1 through -1.8. During construction, require reporting to ensure measures are employed. Implementation: Applicant, Developer, or Project Proponent Monitoring and Reporting: Qualified agent, approved by the City, of the Applicant, Developer. or Project Proponent Verification: City A-10 f National City Exhibit B: 1V1MRP Mitigation Measures Timing and Methods Responsible Parties activity. MM NOI-1.6. Use of Noise -Producing Signals. The use of noise -producing signals, including horns, whistles. alarms, and bells, shall be for safety warning purposes only. MM NOI-1.7. Use of Public Address or Music Systems. No project -related public address or music system shall be audible at any adjacent sensitive receptor. NEVI NOI-1.8. Noise Complaint Process. the onsite construction supervisor shall have the responsibility and authority to receive and resolve noise complaints. A clear appeal process to the owner shall be established prior to construction commencement that will allow for resolution of noise problems that cannot be immediately solved by the site supervisor. MM NOI-2: Trolley Line Noise Study. Prior to approval of final site design, any project located whin 300 feet of or with direct line of sight to the existing MTS Trolley Line shall perform a noise study conducted by a qualified noise consultant to determine potential impacts on noise -sensitive land uses. Timing: Prior to approval of the final site design and issuance of the discretionary permit Methods: Require the applicant to prepare a noise study if within 300 feet or direct line of sight of MTS trolley line. Require recommendations listed in the noise report as project conditions. Implementation: Applicant, Developer, or Project Proponent Monitoring and Reporting: Qualified agent, approved by the City, of the Applicant, Developer, or Project Proponent Verification: City MM NOI-3: Vibration Study. Prior to approval of final site design, any project proponent that would propose driving pilings or performing an action that could cause substantial vibrations shallperform a vibration studyconducted aqualified by vibration consultant to determinepotential impacts on surroundingperform p vibration sensitive land uses and identify mitigation measures as appropriate. Timing: Prior to approval of the final site design and issuance of the discretionary permit Methods: Require the applicant to prepare a vibration study if proposing to drive pilings or an action that could cause significant noise. Require recommendations listed in the noise report as project conditions. Require recommendations Implementation: Applicant, Developer. or Project Proponent Monitoring and Reporting: Qualified agent, approved by the City, of the Applicant, Developer, or IPAV +.2t:#' J.MriZS..IZ4K't?'ZIZgVµCMI,SM^-'ff 3".ir'.'+41 SAZag,MP" zP.2xVM,Ctkd£". KSlMID K!M;,gv ., h,;,a.2'. ',rrM.'mP,.tg.. * VrM.fI,6%':. 5. i. n.;i2 z':..,.ATarfac a....fi:r 5% Westside Specific Plan Final Environmental Impact Report A-11 City of National City Exhibit B: lVL'�IRP Mitigation Measures Tinting and Methods Responsible Parties listed in the vibration report as project conditions. Project Proponent Verification: City NLM NOI-4: Traffic Noise Study. For noise sensitive projects within 100 feet of the centerline of Civic Center Drive and Wilson Drive, within 150 feet of the centerline of Plaza Boulevard, within 250 feet of the centerline of National Coty Boulevard, within 350 feet of Mile of Cars Way/24th Street, or within 1,200 feet of Interstate 5, a noise study shall be prepared to determine the estimated noise levels on -site and to identify any feasible project -level mitigation measures to reduce noise impacts to a level less than significant. Timing: Prior to the issuance of the discretionary permit Methods: Require a noise study if conditions in MM NOI-4 are met. Implementation: Applicant, Developer, or Project Proponent Monitoring and Reporting: Qualified agent, approved by the City, of the Applicant, Developer, or Project Proponent Verification: City CULTURAL RESOURCES KM CUL-1: Historic Building/Structure Evaluation. Prior to future project approval and the issuance of any construction permit within the Westside Specific Plan area, including but not limited to a demolition or building permit, if research indicates that the onsite building(s) or structure(s) is 45 years or older, the applicant shall be required to conduct an evaluation of the onsite building(s) or structure(s) to determine if it is eligible for inclusion in the state or local historical registers. The evaluation shall be performed by a historian or architectural historian who meets the Secretary of Interior's Professional Qualification Standards for Historic Preservation Professionals. The historianlarchitectural historian shall consult with knowledgeable local groups (e.g. Save Our Heritage Organisation, National City Historical Society, San Diego Historical Society, and others) and individuals, appropriate archives, and appropriate repositories in an effort to identify the original and subsequent owners as well as the architect and the builder to establish whether any of these individuals played important roles in local or Timing: Prior to the issuance of the discretionary permit and construction permit Methods: Require a historic building evaluation if a building or structure onsite is 45 years or older. Implementation: Applicant, Developer, or Project Proponent Monitoring and Reporting: Qualified agent, approved by the City, of the Applicant, Developer, or Project Proponent Verification: City Westside Specific Plan Final Environmental Impact Report A-12 )f National City Exhibit B: MMRP Mitigation Measures Timing and Methods Responsible Parties regional history (criterion B), Additionally the physical characteristics and condition of the building or structure shall be evaluated under criterion (C), and those judged to possess "the distinctive characteristics of a type, period, region, or method of construction" shall be further assessed for integrity and context. The results of the archival research and field assessment shall be documented in an evaluation report. This report will explicitly state whether the resource is eligible for either state or local historical registers and shall also make specific recommendations as appropriate. The historian/architectural historian shall complete the necessary California Department of Parks and Recreation (DPR) site forms (minimally Primary Record and Building/Structure/Object Record; others as required) and include as an attachment to the report. Copies of the DPR site forms shall be submitted to the California Historical Resource Information System via the SCIC, an auxiliary of San Diego State University. 1bIM CUL-2: Archaeological Letter Report. Prior to future project approvals and the issuance of any construction permits including but not limited to a grading permit, future construction projects within the Westside Specific Plan area shall obtain a qualified archaeologist to conduct a pedestrian survey and records search to determine the potential for the plan area containing significant archaeological resources. A qualified archaeologist shall be a registered professional archaeologist and possess an advanced degree in archaeology, history, or a related discipline, The findings from the pedestrian survey and records search shall be included in a brief archaeological letter report. The report shall conclude if the site has a low, moderate, or high potential to contain prehistoric and historic archaeological resources. Sites characterized with a low potential shall not be required to perform any additional investigative work nor implement any mitigation related to archaeological resources, Sites with a moderate to high potential shall undergo test and evaluation to determine if potentially significant archaeological resources are on site. If a resource is discovered on site and is determined significant based on the evaluation, the site shall be avoided or the qualified archaeologist shall prepare a data recovery plan and require Westside Specific Plan Final Environmental Impact Report Timing: Prior to the discretionary permit and construction permit Methods: Require an archaeological pedestrian survey and records search by a qualified archaeologist and a letter survey report summarizing the site sensitivity as low, moderate, or high. If moderate or high further testing will be required. Implementation: Applicant, Developer, or Project Proponent Monitoring and Reporting: Qualified agent, approved by the City, of the Applicant, Developer, or Project Proponent Verification: City A-13 City of National City Exhibit B: MMRP Mitigation Measures Timing and Methods Responsible Parties archaeological monitoring during excavation activities, as determined necessary. The details of the data recovery plan or mitigation monitoring shall be tailored to the specific circumstances at the site and shall be designed to reduce project -level impacts on archaeological resources to a level less than significant. MM CUL-3: Paleontological Letter Report. Prior to future project approvals and the issuance of any construction permits including but not limited to a grading permit, future construction within the Westside Specific Plan area proposing a cut depth projects P P P g P greater than 10 feet and 1,000 cubicyards shall obtain aqualified paleontologist to review the proposed construction and grading information to determine if the project would have a moderate to high potential of encountering paleontological resources. A qualified paleontologist shall possess an advanced degree in geology, paleontology, or a related discipline, and shall state his/her professional opinion in a brief paleontological letter report. The report shall include a recommendation as to whether paleontological mitigation monitoring shall be required and provide feasible mitigation at the project level to ensure a significant impact on paleontological resources would not result from future development projects proposed under the Westside Specific Plan. Timing: Prior to the discretionary permit and construction permit Methods: Require an archaeological pedestrian survey and records search by a qualified archaeologist and a letter survey report summarizing the site sensitivity as low, moderate, or high. If moderate or high further testing will be required. Implementation: Applicant, Developer, or Project Proponent Monitoring and Reporting: Qualified agent, approved by the City, of the Applicant, Developer, or Project Proponent Verification: City BIOLOGICAL RESOURCES MM BIO-1: Focused Surveys. Prior to the issuance of any grading, building, or other construction permit within the proposed plan area, a habitat assessment shall be conducted for the parcel to determine whether the potential exists for special -status species to occur. If the habitat assessment identifies potentially suitable habitat for special -status species, a focused survey shall be conducted by a qualified biologist to determine whether special -status species occur within the plan area. If no species are observed or detected during focused surveys, additional mitigation shall not be required. However, if special- status species are observed/detected, project -specific mitigation measures shall be formulated and required to mitigate impacts on special -status Timing: Prior to the issuance of the discretionary permit and the issuance of any grading permit. building permit, or other construction permit Methods: Prepare a habitat assessment to determine potential for special -status species to occur. If potentially present, require a focused survey, Implementation: Applicant, Developer, or Project Proponent Monitoring and Reporting: Qualified agent, approved by the City, of the Applicant, Developer, or Project Proponent q€*+a;377N'+73'S+:iEItld,+.�i: 't3t.,'s'..tlner""MVP., f.7,:V Y4NZz.°waIM" ,w::k, i3 rYu'u$', L2tn: «i,iM.R'#."; ?",'°,:!XIMMI?`IUNI2iJfw"t s.?m,R.i"M„afT^'w".,1"IM,T ,-r.,.N ':^aia'.. ET,,R,F' Tt-E.,w=IVa`i,.. 4,1t uM °.;f ..., u. Ma+: ..F."..rEMV '"µiE Westside Specific Plan A-14 Final Environmental Impact Report of National City Exhibit B: NIMRP Mitigation Measures Timing and Methods Responsible Parties species to below a level of significance. Coordination/consultation with the USFWS under ESA and the CDFG under CESA shall be required for any proposed impacts on federally listed and/or state listed species, respectively. Verification: City NMI BIO-2: Preconstruction Nesting Bird Surveys. If construction activities occur between January 15 and August 31, a preconstruction survey (within three days prior to construction activities) shall be conducted by a qualified biologist to determine if active nests are present within or adjacent to the plan area proposed for development in order to avoid the nesting activities of breeding birds/raptors, If nesting activities within 200 feet of the proposed work area are not detected, construction activities may proceed. If nesting activities are confirmed, construction activities shall be delayed within an appropriate buffer from the active nest until the young birds have fledged and left the nest or until the nest is no longer active as determined by a qualified biologist. The size of the appropriate buffer shall be determined by a qualified biologist, but shall be at least 25 feet. Timing: If construction activity would occur between January 15 and August 31, then prior to any construction activities Methods: Require a preconstruction survey within 3 days prior to construction activities to determine if active nests are present. Implementation: Applicant, Developer, or Project Proponent Monitoring and Reporting: Qualified agent, approved by the City, of the Applicant, Developer, or Project Proponent Verification: City MM BIO-3: Resource Agency Permits/Approvals. If restoration/revegetation efforts are proposed that would result in impacts on riparian vegetation, permits/approvals would be required from one or more of the following agencies: USACE, CDFG, and RWQCB. Prior to implementation of individual restoratioriirevegetation projects, permits/approvals shall be obtained from the resource agencies. or documentation shall be obtained from these agencies indicating that permits/approvals are not required. Timing: Prior to the approval of the construction permits (e.g. building. grading, etc) Methods: If impacts on riparian vegetation would occur, require the applicant to submit an application to USACE, CDFG, and RWQCB to initiate the permitting process. Implementation: Applicant, Developer, or Project Proponent Monitoring and Reporting: Qualified agent, approved by the City, of the Applicant, Developer, or Project Proponent Verification: City MM BIO-4: Habitat Assessment/Biology Report. Prior to the initiation of future development projects within the Plan area, a habitat assessment shall be conducted when warranted in areas undisturbed by prior development to determine whether sensitive natural communities Timing: Prior to the issuance of the discretionary permit Methods: Require a habitat assessment to identify sensitive natural habitat. If present and the project Implementation: Applicant, Developer, or Project Proponent -.>SYni.,Krg.ri Westside Specific Plan Final Environmental Impact Report A-15 City of National City Exhibit B: MMRP Mitigation Measures Timing and Methods Responsible Parties (including riparian vegetation) are present. If the habitat assessment identifies sensitive natural communities, a biological report shall be prepared to address impacts on sensitive natural communities resulting from the proposed project. The report shall identify mitigation measures to reduce all significant impacts to below a level of significance to the greatest extent feasible. If no sensitive natural communities are observed during the habitat assessment, additional mitigation shall not be required, would have a potential impact on the habitat, require a biological report with mitigation. Monitoring and Reporting: Qualified agent, approved by the City, of the Applicant, Developer, or Project Proponent Verification: City MM BIO-S: Trail Restrictions. Trails shall be kept out of the jurisdictional wetland areas and in areas of biological sensitivity. Biological sensitivity shall be determined by a qualified biologist in consultation with the wildlife agencies as appropriate. Trails shall be sensitively placed to consider biological and/or cultural resources areas along Paradise Creek and aligned roughly perpendicular to the length of the creek (i.e. spur trails). There interpretive areas and spur trails shall avoid biologically sensitive areas or areas with strong potential for effective habitat restoration and enhancement of species diversity. Timing: When planning trails in biologically sensitive areas Methods: Apply MM BIO-5 when planning trails in areas of biological sensitivity Implementation: Applicant, Developer. or Project Proponent Monitoring and Reporting: Qualified agent, approved by the City, of the Applicant, Developer. or Project Proponent Verification: City DIM BIO-6: Install Fencing and Signage. Permanent fencing shall be installed at the outside edge of the riparian area, The type, placement, and height of such fencing shall be determined in consultation with the project biologist and the wildlife agencies. The fencing shall be designed to restrict human and domestic animals encroachment in the adjacent habitat (including not permitting picnic areas within sensitive resource areas), The signage shall inform people that sensitive habitat lie beyond the fencing and entering the area is prohibited by law. Timing: As a component of the Paradise Creek ring uring the restoration du Restoration Plan; implementProject efforts Methods: Install fencing and signage to restrict human and domestic animal encroachment into riparian habitat, Implementation: Applicant, Developer, or Proponent Monitoring and Reporting: Qualified agent, approved by the City, of the Applicant, Developer. or Project Proponent Verification: City MT I BIO-7: Placement of Post Construction BMPs and Discharge of Water Runoff. Timing: Prior to approving drainage plans: During and immediately following construction activities Implementation: Applicant, Developer, or Westside Specific Plan Final Environmental Impact Report A-16 f,National City Exhibit B: MMRP Mitigation Measures Timing and Methods Responsible Parties All post construction structural BMPs shall be located outside the wetland and the riparian corridor. Furthermore, all filtration and attenuation of surface flows provided by the proposed BMPs shall occur prior to the discharge of the flows into the riparian areas. Methods: Confirm all post construction BMPs are located outside the wetland and riparian habitat on the drainage plans; inspect BMPs after installation to confirm function. Project Proponent Monitoring and Reporting: Qualified agent, approved by the City, of the Applicant, Developer, or Project Proponent Verification: City MM BIO-8: Lighting Restrictions. No additional lighting shall be provided within the vicinity of both upland and wetland sensitive habitats, and where feasible, any existing lighting within such areas shall be removed. The definition of "vicinity" shall be determined by a qualified biologist and the determination supported with substantial evidence. Timing: Prior to issuance of the discretionary permit Methods: Require lighting locations and specifications to be provided on the project development plans; confirm lighting is outside the sensitive habitat and has adequate measures to prevent spill lighting into sensitive habitat. Implementation: Applicant, Developer, or Project Proponent Monitoring and Reporting: Qualified agent, approved by the City, of the Applicant, Developer, or Project Proponent Verification: City MM BIO-9: Attenuation of Construction Noise. In addition to implementing MM NOI-1, future construction activities, including construction staging areas, shall employ methods to reduce construction noise and operational noise levels at the edge of sensitive resources that may include temporary noise attenuation barriers and other measures that would reduce noise levels to an acceptable level as determined by the project biologist in consultation with CDFG. Timing: Prior to issuance of the construction permits Methods: Require noise attenuation measures for projects near sensitive biological resources; require showing measures on construction plans; coordinate with the project biologist and noise specialist to confirm noise levels would be reduced to acceptable levels at the edge of the sensitive habitat. Implementation: Applicant, Developer, or Project Proponent Monitoring and Reporting: Qualified agent, approved by the City, of the Applicant, Developer, or Project Proponent Verification: City Ma,sSv:"iiAZItr,�"',k*zin.7, rt4I ..Va`•",e#' ..9";-,:.0is» "kP',k'.Sv' ,......,;, . u5ekMgniu mie..«GU Ef'iilie raaeg,, 0,2i s-+n,a'ta"'C: Westside Specific Plan Final Environmental Impact Report A-17 City of National City Exhibit B: M11dRP Mitigation Measures Timing and Methods Responsible Parties min BIO-10: Attenuation of Operational Noise. Excessive noise generating sources shall be located away from the Paradise Creek riparian areas to maintain existing ambient noise levels, "Excessive" noise sources shall be defined as sources which exhibit noise levels in excess of 65 dBA CNEL (or 65 dBA 1-hour Leq) at or beyond the edge of the environmentally sensitive area. Possible examples of such sources n include but are not limited to cargo delivery and pick-up areas, IIVAC systems, sirens or other warning systems, and communication systems, If noise levels at the environmentally sensitive area are suspected of being greater than 65 dBA Leq, a noise study shall be prepared to demonstrate how the project design will comply with this mitigation measure. Timing: Prior to the issuance of the discretionary permit Methods: For projects in close proximity to sensitive biological habitat. require noise sources to be identified on the development plans. Demonstrate on the development plans and in the noise study how operational noise levels would be 65 dBA CNEL or less at the edge of the sensitive habitat Implementation: Applicant, Developer, or Project Proponent Monitoring and Reporting: Qualified agent, approved by the City, of the Applicant, Developer, or Project Proponent Verification: City MM BIO-11: Landscape Requirements. Proposed landscaping palettes shall consist of native and drought -tolerant plants and vegetation. Exotic and invasive plants, as identified on the California Invasive Plant Council's (Cal-IPC) Invasive Plant Inventory shall not be used. Landscaping adjacent to the Paradise Creek riparian area shall be drought -tolerant and use minimal fertilizers and pesticides. As required by MM BIO-7, water runoff shall be directed away from the buffer area and contained and/or treated with the development footprint . Timing: Prior to the issuance of the discretionary permit and construction permits; prior to the issuance of the occupancy permit Methods: Require development plans to list the landscaping palette and confirm the palette is native and drought -tolerant, After installation, confirm planting is native and drought tolerant. Implementation: Applicant, Developer, or Project Proponent Monitoring and Reporting: Qualified agent, approved by the City, of the Applicant, Developer, or Project Proponent Verification; City MM BIO-12: Use of Non -Reflective Glass. Development adjacent facing Paradise Creek shall incorporate the use of non -reflective glass for window design. Timing: Prior to issuance of the discretionary permit and building permit; after installation. Methods: Require development plans to specify use of non -reflective glass. As part of the building inspection requirement, verify glass installed is non- reflective. Implementation: Applicant, Developer, or Project Proponent Monitoring and Reporting: City Verification: City IA/estside Specific Plan Final Environmental Impact Report A-18 f National City Exhibit B: MMRP Mitigation Measures Tinting and Methods Responsible Parties MM BIO-13: Limit on Building Heights Adjacent to Paradise Creek. Building heights within 175 feet of the outside edge of the jurisdictional riparian habitat shall be limited to a maximum of 50 feet with stepping back of the upper stories to reduce the potential for excessive shading. Measures shall be incorporated into the building design to prevent predator perching. Buildings or components of buildings proposed more than 175 feet from the creek shall not be restricted to this height condition, but would meet the height limits for the zone of 60-feet identified in the Westside Specific Plan. Timing: Prior to the issuance of the discretionary permit Methods: Require development plans to include an elevation of the proposed building to demonstrate compliance with the 50-foot height limit if within 175 feet of creek. Implementation: Applicant, Developer, or Project Proponent Monitoring and Reporting: City Verification: City NLM BIO-14: Low Impact Development Water Oualitv and Hvdroloev Timing: Prior to issuance of the discretionary permit and building permit Methods: Require development plans along paradise creek to show LID water quality and hydrology measures. Implementation: Applicant, Developer, or Project Proponent Monitoring and Reporting: Qualified agent, approved by the City, of the Applicant, Developer, or Project Proponent Verification: City Measures. All subsequent development along Paradise Creek shall adhere to low impact development (LID) criteria as defined by current storm water best management practices which emphasize retention of rain on or near the site and consideration of use of pervious surface treatments. HAZARDS ANDHAZARDOUS MATERIALS M11 1 HAZ-1: Phase I Environmental Site Assessment. Prior to future project approvals and when the subject site has had a history of hazardous material use onsite or in close proximity, or other factors are present which indicate contaminated soils or groundwater may exist, a Phase I Environmental Site Assessment (ESA) shall be completed for the project site proposed for development or redevelopment within the Westside Specific Plan boundaries. The Phase I ESA shall include a comprehensive records search, consideration of historical information, onsite evidence of hazardous material use, storage, or disposal, and a recommendation as to whether a Phase II soil testing and chemical analysis is required. In addition, the Phase I ESA will review the permit status of nearby businesses Timing: Prior to the issuance of the discretionary permit and building permit Methods: Require preparation of a Phase 1 ESA if a project proposal meets the conditions of MM HAZ-1. Implementation: Applicant, Developer, or Project Proponent Monitoring and Reporting: Qualified agent, approved by the City, of the Applicant, Developer, or Project Proponent Westside Specific Plan Final Environmental Impact Report A-19 City of National City Exhibit B: IvIMRP Mitigation Measures Timing and Methods Responsible Parties to ensure they are in compliance and would not pose a potentially significant impact on proposed new development. Verification: City MM HAZ-2: Phase II Environmental Site Assessment. If mitigation measure MM HAZ-1 requires a Phase II ESA, the Phase II ESA shall include, but not be limited to the following: • A workplan that includes the number and locations of proposed P P soil/monitoringwells, sampling intervals, drillingand sampling P g P g methods, analytical methods, sampling rationale, site geohydrology, field screening methods, quality control/quality assurance, and reporting methods. Where appropriate, the work plan is approved by a regulatory agency such as the DTSC, RWQCB, or County HMD. • A site -specific health and safety plan signed by a Certified Industrial Hygienist. • Necessary permits for encroachment, boring completion, and well installation. • Sampling program (fieldwork) in accordance with the work plan and health and safety plan. Fieldwork is completed under the supervision of a State of California registered geologist. • Hazardous materials testing through a state -certified laboratory. • Documentation including a description of filed procedures, boring logs/well construction diagrams, tabulations of analytical results, cross -sections, an evaluation of the levels and extent of contaminants found, and conclusions and recommendations regarding the environmental condition of the site and the need for further assessment. A remedial action plan will be developed as determined necessary by the Principal Investigator. Contaminated groundwater will generally be handled through the NPDESidewatering process. • Disposal process including transport by a state -certified hazardous material hauler to a state -certified disposal or recycling facility licensed to accept and treat the identified type of waste. Timing: Prior to the issuance of the discretionary permit and building permit Methods: Based on recommendations of the Phase I ESA from MM HAZ-1, require preparation of Phase II ESA as detailed in MM HAZ-2. Implementation: Applicant, Developer, or Project Proponent Monitoring and Reporting: Qualified agent, approved by the City, of the Applicant, Developer, or Project Proponent Verification: City MM HAZ-3: Compliance with Local, State, and Federal Laws and Timing: Prior to issuance of the construction permit Implementation: Ell?«fM:Yt,',7 Westside Specific Plan Final Environmental Impact Report A-20 of National City Exhibit B: MMRP Mitigation Measures Timing and Methods Responsible Parties Regulations (Phase III). In the event hazardous materials are determined to be present, the property owner, developer, or responsible party shall be required to contact the local CUPA or applicable regulatory agency to oversee the remediation of the property in compliance with all applicable local, county, state, and federal laws. The property owner, developer, or responsible party shall be responsible for funding or securing funding for the site remediation and shall provide proof to the City that the site contaminants have been properly removed in compliance with all applicable laws and regulations prior to project development, Methods: Based on the results of the Phase II conducted pursuant to MM HAZ-2, require the applicant to contact the local CUPA or applicable regulatory agency to initiate remediation. Applicant, Developer, or Project Proponent Monitoring and Reporting: Qualified agent, approved by the City, of the Applicant, Developer, or Project Proponent Verification: City .ht1w- ,..',Y;".fii k+.,.r ^a':' 't' a""fi'«,.a, . .«. %,7, uargt'.mr },'k:E P seo .`. aa„+ii:3 ,.. . :`l. R . r,:,:w,,> ." rm-7.zrzCr7$sreo-mwnt.lz s r tm., ;,.'m ,I""'tR a...2."3an ,, ., ..::0; A :.noz' R , t4J, z, o .. d I ..`,z` 4, v _ ram. Westside Specific Plan Final Environmental Impact Report A-21 RESOLUTION NO. 06-2010 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, RECOMMENDING APPROVAL OF A GENERAL PLAN AMENDMENT AND ZONING CHANGE DESIGNATIONS FROM LIGHT MANUFACTURING -RESIDENTIAL AND CIVIC INSTITUTIONAL -OPEN SPACE RESERVE TO MULTI -USE COMMERCIAL RESIDENTIAL (MCR-1, MCR-2), LIMITED COMMERCIAL, RESIDENTIAL SINGLE-FAMILY, CIVIC INSTITUTIONAL, AND OPEN SPACE RESERVE WITHIN THE WESTSIDE SPECIFIC PLAN AREA WEST OF 1-5, EAST OF NATIONAL CITY BOULEVARD, NORTH OF MILE OF CARS WAY AND SOUTH OF PLAZA BOULEVARD. CASE FILE NO.: 2007-34 GPA, ZC, SPA, EIR ENVIRONMENTAL IMPACT REPORT SCH# 2008071092 WHEREAS, the Planning Commission of the City of National City considered a General Plan Amendment and zoning changes to redesignate the approximately 100-acre Westside Specific Plan Area from Light Manufacturing -Residential and Civic Institution - Open Space Reserve to Multi -use Commercial Residential (MCR-1, MCR-2), Limited Commercial, Residential Single -Family, Civic Institutional, and Open Space Reserve within an area west of Interstate-5 and east of National City Boulevard, north of Mile of Cars Way and south of Plaza Boulevard on March 1, 2010, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File Nos. 2007-34 GPA, ZC, SPA, EIR, which is maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on October 15, 2007, support the following findings: FINDINGS FOR APPROVAL OF THE GENERAL PLAN AMEMDMENT AND ZONE CHANGE 1. That the proposed amendment to the Combined General Plan/Zoning Map changing the subject property from Light Manufacturing -Residential, Civic Institutional, and Open Space Reserve (OSR) to Multi -use Commercial Residential (MCR-1, MCR-2), Light Commercial, Single Family Residential (RS-4), Civic Institutional, and Open Space Reserve is consistent with the General Plan, since the approximately 100-acre Westside Specific Plan is a unique since it contains conflicting land use patterns and has resulted in deterioration and health and safety concerns for its residents and the proposed General Plan Amendments and Zone Change would serve in the future to reduce the continue proliferation of conflicting land use patterns. 2. That the proposed amendment is in the public interest, since it will allow for a new mixed use development that will provide convenient services to the community and it meets the goals of the General Plan to expand the amount of retail space in the City. 3. That granting of the General Plan Amendment and Zone Change further enhances the goals of the General Plan to encourage residential development near transit services and increase the opportunities for multi -modal transit services. That granting of this General Plan Amendment and Zone Change are consistent with all other City plans and ordinances, since the proposed development, carries out the intent of the General Plan and Land Use Code to create services near residences, encourage redevelopment of both commercial and residences while further expanding the goals of expanding the habitat restoration in and around Paradise Creek and increasing recreational opportunities for local residents. BE IT FURTHER RESOLVED that the Planning Commission has considered the proposed General Plan Amendment and Zone Change together with any comments received during the public review process, and finds on the basis of the whole record and any comments. BE IT FURTHER RESOLVED that the application for General Plan Amendment and Zone Change is recommended for approval. BE IT FINALLY RESOLVED that this Resolution shall become effective and final 20 days after Planning Commission action, unless an appeal in writing is filed with the City Clerk prior to 5:30 p.m. on the twentieth day following the Planning Commission action. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedures Section 1094.6. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of March 1, 2010, by the following vote: AYES: DEBAFAZ, FARIAS, ALVARADO, BACA, PRUITT, REYNOI.DS, FLORES NAYS: ABSENT: ABSTAIN: "CHA RMAN RESOLUTION NO. 07-2010 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, RECOMMENDING ADOPTION OF THE WESTSIDE SPECIFIC PLAN LOCATED WEST OF 1-5, EAST OF NATIONAL CITY BOULEVARD, NORTH OF MILE OF CARS WAY AND SOUTH OF PLAZA BOULEVARD. CASE FILE NO.: 2007-34 GPA, ZC, SPA, EIR ENVIRONMENTAL IMPACT REPORT SCH# 2008071092 WHEREAS, the Planning Commission of the City of National City considered the Westside Specific Plan for the approximately 100-acre area west of Interstate-5, east of National City Boulevard, north of Mile of Cars Way and south of Plaza Boulevard on March 1, 2010, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File No. 2007-34 GPA, ZC, SPA, EIR, which is maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by state law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on March 1, 2010, support the following findings: FINDINGS FOR APPROVAL FOR THE ADOPTION OF THE WESTSIDE SPECIFIC PLAN 1. That the Westside Specific Plan is comprised of an area previously zoned to Light Manufacturing -Residential and this zoning resulted in the development of industrial uses in close proximity to residences and this development pattern created conflicting land uses related to noise, traffic, air quality and hazardous materials which led to requests by the community to develop a comprehensive plan that would reduce the environmental impacts. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed land use changes, and that the plan provides opportunities to create community corridors that will further enhance multi -modal transit to downtown National City, Kimball Park, City Hall, the library, and the light rail transit station. 3. That the proposed Westside Specific Plan will not have an adverse effect upon adjacent or abutting properties, since the plan proposes land use patterns that are more compatible with the existing residential development by offering opportunities for increased residential development and commercial services. 4. That the proposed Westside Specific Plan is deemed essential and desirable to effectively improve the public health and welfare of the community, since the proposed Westside Specific Plan will restrict additional land uses that utilize and store hazardous materials, emit air pollutants, increase noise Levels, and overall reduce the quality of life for the residents. That proposed Westside Specific Plan through future development and redevelopment will increase retail development will provide additional employment and will serve the community's growing demand for retail services and increase opportunities for affordable housing near services and transit. 6. That the proposed Westside Specific Plan meets the Vision and Guiding Principles as set forth by the community though a series of community meetings and though changes in land use Westside would be established as a safe, healthy, and vibrant neighborhood. That the proposed Westside Specific Plan supports the goals to conserve and enhance Paradise Creek by creating opportunities for developing a parklike setting with habitat restoration, park uses, trails, and active/passive uses adjacent to the creek and the design and development of the open space park would be coordinated with the resource agencies to ensure the goals of the plan are met. That the proposed Westside Specific Plan would meet the goals of the plan by reducing impactive land uses that result in air pollution, hazardous materials storage, increased noise levels, and parking and traffic issues. BE IT FURTHER RESOLVED that the Planning Commission has considered the proposed Westside Specific Plan together with any comments received during the public review process, and finds on the basis of the whole record and any comments. BE IT FURTHER RESOLVED that the application for Westside Specific Plan is recommended for approval. BE IT FINALLY RESOLVED that this Resolution shall become effective and final 20 days after Planning Commission action, unless an appeal in writing is filed with the City Clerk prior to 5:30 p.m. on the twentieth day following the Planning Commission action. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedures Section 1094.6. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of March 1, 2010, by the following vote: AYES: DELAPAZ, FARIAS, ALVARADO, BACA, PRUITT, REYNOLDS, FLORES NAYS: ABSENT: ABSTAIN: AIR MN List of Signed Westside Specific Plan Resolutions - Old Town Alliance - 16 March 2010 Old Town Alliance Members 1. Melissa W. Stephens, Coordinator, SD Regional Asthma Coalition 2. Jane Lilly, Environmental Health Coalition 3. Monserrat Hernandez, Community Organizer, EIIC 4. Leonor Garcia, Old Town Alliance member 5. Lorena Chavez, Old'fown Alliance member 6. Jose Medina, Chair, Old Town Neighborhood Council 7. Barbara Alalos. Saint Anthony's Organizing Ministry, SDOP, National School Board 8_ Carmen C. Roa, St. ,Anthony's Organizing Ministry, SDOP 9. Karen McManus. San Diego Organizing Project 10. Hannah Gravette, San Diego Organizing Project 11. Refugio Roa. St. Anthony's Organizing Ministry I2. Mona Rios; President, South Bay Democratic Club 13. Dana Richardson; Director, Health Eating Active Communities Initiative 14. Frank Lopez. NC Resident, South Bay Community Services* 15. Ted Godshalk; Director, Paradise Creek Educational Park, Inc. 16. Eddie Perez; Chairperson, National City Residents for Democracy San Diego/South Bay Medical Community 17. National City Family Clinic Staff 18. Operation Samahan Clinic Staff 19. Blanca Fresno, MD; Paradise Family Health Center 20. Ofelia Dirige, MD; Kalusugan Community Services 21. Emma Abutin, MPH, RN, PHN; Retired Public Health Nurse Manager 22. Ryan Yoon, MD; Resident MD in South Bay community clinics 23. Stephanie C Chu, MD; Resident MD in South Bay community clinics 24. Toni Jo Canton, MD; Resident MD in South Bay community clinics 25. Angel Ochoa. MD; Resident MD in South Bay community clinics 26. Mary Palomino, MD; Resident MD in South Bay community clinics 27. Brian P Snook, MD; Resident MD in South Bay community clinics 28. Marta E. Flores; Family Health Centers of San Diego* 29. Natalie Rodriguez, MD 30. Michael Kelly, MD; Clinical Chair, San Diego Regional Asthma Coalition 31. Shaila Serpas. MD; Scripps Family Medicine Residency Program* 32_ E. Michael Rosenblatt, DO; Scripps Family Medicine Residency Program* 33. Ruth M Heifetz. MD, MPH; UCSD School of Medicine, Department of Family and Preventive Medicine* 34. Dr. Maria Rosario Araneta. PhD; Associate Professor, UCSD Department of Familya and Preventive Medicine* 35. Linda H. Hill, MD, MPII 36. Dr. Jacqueline Kerr, PhD; UCSD School of Medicine* 37. Maria Luisa Zuniga, PhD 38. Gail Laughlin, PhD; Assistant Professor of Epidemiology, UCSD 39. Daniel Slater, MD; UCSD School of Medicine -Family Medicine* 40. Denise von Muhlen, MD; Associate Professor, UCSD* 41_ Raul Trejo, MD; Scripps Family Practice Program*; South Bay Resident 42. Monique Cornejo; UCSD Pre-med Student; South Bay Resident 43. Carina Lopez; UCSD Pre-med Student; South Bay Resident Other Community Supporters 44. Rosalie 'Rosie' Alvarado. National School Board 45_ Alma Sanniento Graham, National School Board 46. James Grier, National School Board 47. Kimball School teachers 48. San Diego Bay Council (Nicole Capretz, ElIC:; James A Peugh, Audobon: Marco Gonzales, Coastal Envt'l Rights Foundation: Bruce Reznik, SD Coastkeeper; Scott Harrison, Surfrider Foundation, David Gruhh, Sierra club and North Co Coastal Grp) 49. National School Board members 50. National City Park & Recreation Advisory Board 51. Amy Carstensen; Director of Operations, International Community Foundation 52. Jamie A Gonzales, League of Conservation Voters San Diego, President * Affiliations for identification purposes only Mayor Ron Morrison and Councilmembers City of National City 1243 National City Blvd National City, CA 91950 Re: Support for Westside Specific Plan and recommendations for revisions prior to adoption Dear Mayor Morrison and Councilmembers. The undersigned organizations and individuals would like to express strong support for the Westside, or "Old Town". Specific Plan. We believe this document lays the foundation for transformational change in the Old Town neighborhood. While this change will not be immediate, the Specific Plan places the neighborhood on a path to revitalization, and insures that residents of Old Town and all of National City will be able to live a healthier, happier life. We are able to support the Specific Plan because it includes strong language calling for: Zoning which prohibits new polluting industrial uses and encourages the future re -location or removal of existing polluting businesses Explicit prohibition of industrial uses taking over residential parcels Separation between the freeway and new residential development adequate to buffer families from freeway pollution Development of community -serving businesses and new housing Improved walkability and pedestrian safety While there is much reason 10 applaud the Specific Plan, there are clear areas where revisions can he made to improve the plan before final adoption without requiring further environmental review_ as follows: Official designation of the 10 acre Public Works Yard near the 24th St Trolley Station to be zoned as homes reserved for low-income families, Paradise Creek restoration area, and expansion of active recreation space At least a 75 foot natural habitat buffer between each side of Paradise Creek and the built environment to insure protection of water quality, floodplains, and wetland wildlife Limitation on heavy duty truck traffic and distribution activities We are pleased that this Mayor and Council have shown the leadership to advance long- awaited change in the Old Town neighborhood_ This plan will improve health, increase economic vitality, enhance the City's image, protect unique natural resources, and usher in the kinds of development that will serve National City's residents for years to come. Old Town holds a special place in National City's history and future. We strongly encourage you to pass the Specific Plan in a timely manner so that the important work of implementation can begin. This plan is only as valuable as the action that follows its adoption, and we trust that you will do everything in your power to bring these changes to fruition. Sincerely, 1 I� �SSh W' �lt�^� nS (0n,; S„, Mayor Ron Morrison and Cauncilmembers City of National City 1243 National City Blvd National City, CA 91950 Re: Support for Westside Specific Plan and recommendations for revisions prior to adoption Dear Mayor Morrison and Councilmembers. The undersigned organizations and individuals would like to express strong support for the Westside, or "Old Town", Specific Plan. We believe this document lays the foundation for transformational change in the Old Town neighborhood. While this change will not be immediate, the Specific Plan places the neighborhood on a path to revitalization, and insures that residents of Old Town and all of National City will be able to live a healthier, happier life. We are able to support the Specific Plan because it includes strong language calling for: Zoning which prohibits new polluting industrial uses and encourages the future re -location or removal of existing polluting businesses Explicit prohibition of industrial uses taking over residential parcels l) Separation between the freeway and new residential development adequate to buffer families from freeway pollution ) Development of community -serving businesses and new housing Improved walkability and pedestrian safety While there is much reason to applaud the Specific Plan, there are clear areas where revisions can be made to improve the plan before final adoption without requiring further environmental review, as follows: Official designation of the 10 acre Public Works Yard near the 24th St Trolley Station to be zoned as homes reserved for low-income families, Paradise Creek restoration area, and expansion of active recreation space At least a 75 foot natural habitat buffer between each side of Paradise Creek and the built environment to insure protection of water quality, floodplains, and wetland wildlife Limitation on heavy duty truck traffic and distribution activities We are pleased that this Mayor and Council have shown the leadership to advance long- awaited change in the Old "Down neighborhood. This plan will improve health, increase economic Vitality, enhance the City's image, protect unique natural resources, and usher in the kinds of development that will serve National City's residents for years to come. Old Town holds a special place in National City's history and future. We strongly encourage you to pass the Specific Plan in a timely manner so that the important work of implementation can begin. This plan is only as valuable as the action that follows its adoption, and we trust that you will do everything in your power to bring these changes to fruition. Sincerely. Mayor Ron Morrison and Councilmembers City of National City 1243 National City Blvd National City, CA 91950 Re: Support for Westside Specific Plan and recommendations for revisions prior to adoption Dear Mayor Morrison and Councilmembers, The undersigned organizations and individuals would like to express strong support for the Westside, or "Old Town", Specific Plan. We believe this document lays the foundation for transformational change in the Old Town neighborhood. While this change will not be immediate, the Specific Plan places the neighborhood on a path to revitalization, and insures that residents of Old Town and all of National City will be able to live a healthier, happier life. We are able to support the Specific Plan because it includes strong language calling for: Zoning which prohibits new polluting industrial uses and encourages the future re -location or removal of existing polluting businesses Explicit prohibition of industrial uses taking over residential parcels Separation between the freeway and new residential development adequate to buffer families from freeway pollution Development of community -serving businesses and new housing Improved walkability and pedestrian safety While there is much reason to applaud the Specific Plan, there are clear areas where revisions can be made to improve the plan before final adoption without requiring further environmental review, as follows: Official designation of the 10 acre Public Works Yard near the 24'h St Trolley Station to be zoned as homes reserved for low-income families, Paradise Creek restoration area, and expansion of active recreation space At least a 75 foot natural habitat buffer between each side of Paradise Creek and the built environment to insure protection of water quality, floodplains, and wetland wildlife Limitation on heavy duty truck traffic and distribution activities We are pleased that this Mayor and Council have shown the leadership to advance long- awaited change in the Old Town neighborhood. This plan will improve health, increase economic vitality, enhance the City's image, protect unique natural resources, and usher in the kinds of development that will serve National City's residents for years to come. Old Town holds a special place in National City's history acid future. We strongly encourage you to pass the Specific Plan in a timely manner so that the important work of implementation can begin. This plan is only as valuable as the action that follows its adoption, and we trust that you will do everything in your power to bring these changes to fruition. Sincerely, Mayor Ron Morrison and Councilmembers City of National City 1243 National City Blvd National City, CA 91950 Re: Support for Westside Specific Plan and recommendations for revisions prior to adoption Dear Mayor Morrison and Councilmembers, The undersigned organizations and individuals would like to express strong support for the Westside, or "Old Town". Specific Plan. We believe this document lays the foundation for transformational change in the Old Town neighborhood. While this change will not be immediate, the Specific Plan places the neighborhood on a path to revitalization, and insures that residents of Old Town and all of National City will be able to live a healthier, happier life. We are able to support the Specific Plan because it includes strong language calling for: Zoning which prohibits new polluting industrial uses and encourages the future re -location or removal of existing polluting businesses Explicit prohibition of industrial uses taking over residential parcels Separation between the freeway and new residential development adequate to buffer families from freeway pollution Development of community -serving businesses and new housing Improved walkability and pedestrian safety While there is much reason to applaud the Specific Plan, there are clear areas where revisions can be made to improve the plan before final adoption without requiring further environmental review, as follows: Official designation of the 10 acre Public Works Yard near the 24`h St Trolley Station to be zoned as homes reserved for low-income families, Paradise Creek restoration area, and expansion of active recreation space At least a 75 foot natural habitat buffer between each side of Paradise Creek and the built environment to insure protection of water quality, floodplains, and wetland wildlife Limitation on heavy duty truck traffic and distribution activities We are pleased that this Mayor and Council have shown the leadership to advance long- awaited change in the Old Town neighborhood. This plan will improve health, increase economic vitality, enhance the City's image; protect unique natural resources, and usher in the kinds of development that will serve National City's residents for years to come. Old Town holds a special place in National City's history and future. We strongly encourage you to pass the Specific Plan in a timely manner so that the important work of implementation can begin. This plan is only as valuable as the action that follows its adoption, and we trust that you will do everything in your power to bring these changes to fruition. Sincerely. y K- Q07trCisr0 �1 (—C Lp.y,�Lr A9ayor Ron Morrison and Councihnembers City of National City 1243 National City Blvd National City, CA 91950 Re: Support for Westside Specific Plan and recommendations for revisions prior to adoption Dear Mayor Morrison and Councilmembers, The undersigned organizations and individuals would like to express strong support for the Westside, or "Old Town", Specific Plan. We believe this document lays the foundation for transformational change in the Old Town neighborhood. While this change will not be immediate, the Specific Plan places the neighborhood on a path to revitalization, and insures that residents of Old Town and all of National City will be able to live a healthier, happier life. We are able to support the Specific Plan because it includes strong language calling for: Zoning which prohibits new polluting industrial uses and encourages the future re -Location or removal of existing polluting businesses Explicit prohibition of industrial uses taking over residential parcels Separation between the freeway and new residential development adequate to buffer families from freeway pollution >'- Development of community -serving businesses and new housing Improved walkability and pedestrian safety While there is much reason to applaud the Specific Plan, there are clear areas where revisions can be made to improve the plan before final adoption without requiring further environmental review. as follows: Official designation of the 10 acre Public Works Yard near the 24th St Trolley Station to be zoned as homes reserved for low-income families, Paradise Creek restoration area, and expansion of active recreation space At least a 75 foot natural habitat buffer between each side of Paradise Creek and the built environment to insure protection of water quality, floodplains, and wetland wildlife Limitation on heavy duty truck traffic and distribution activities We are pleased that this Mayor and Council have shown the leadership to advance long- awaited change in the Old Town neighborhood. This plan will improve health, increase economic vitality, enhance the City's image, protect unique natural resources; and usher in the kinds of development that will serve National City's residents for years to come. Old Town holds a special place in National City's history and future. We strongly encourage you to pass the Specific Plan in a timely manner so that the important work of implementation can begin. This plan is only as valuable as the action that follows its adoption, and we trust that you will do everything in your power to bring these changes to fruition. Sincerely, E n � C.tUt(47 4' ,k ` GIiCe F4ewib v Mayor Ron Morrison and Councilmembers City of National City 1243 National City Blvd National City, CA 91950 Re: Support for Westside Specific Plan and recommendations for revisions prior to adoption Dear Mayor Morrison and Councilmembcrs, The undersigned organizations and individuals would like to express strong support for the Westside. or "Old Town", Specific Plan. We believe this document lays the foundation for transformational change in the Old Town neighborhood. While this change will not be immediate, the Specific Plan places the neighborhood on a path to revitalization, and insures that residents of Old Town and all of National City will be able to live a healthier, happier life. We are able to support the Specific Plan because it includes strong language calling for: Zoning which prohibits new polluting industrial uses and encourages the future re -location or removal of existing polluting businesses Explicit prohibition of industrial uses taking over residential parcels Separation between the freeway and new residential development adequate to buffer families from freeway pollution Development of community -serving businesses and new housing Improved walkability and pedestrian safety While there is much reason to applaud the Specific Plan, there are clear areas where revisions can be made to improve the plan before final adoption without requiring further environmental review, as follows: Official designation of the 10 acre Public Works Yard near the 24th St Trolley Station to be zoned as homes reserved for tow -income families, Paradise Creek restoration area, and expansion of active recreation space At least a 75 foot natural habitat buffer between each side of Paradise Creek and the built environment to insure protection of water quality, floodplains, and wetland wildlife Limitation on heavy duty truck traffic and distribution activities We are pleased that this Mayor and Council have shown the leadership to advance long- awaited change in the Old Town neighborhood. This plan will improve health, increase economic vitality; enhance the City's image, protect unique natural resources, and usher in the kinds of development that will serve National City's residents for years to come. Old Town holds a special place in National City's history and future. We strongly encourage you to pass the Specific Plan in a timely manner so that the important work of implementation can begin. This plan is only as valuable as the action that lullows its adoption, and we trust that you will do everything in your power to bring these changes to fruition. Sincerely, Ckai r bar d cowl 61 Mayor Ron Morrison and Councilmembers City of National City 1243 National City Blvd National City, CA 91950 Re: Support for Westside Specific Plan and recommendations for revisions prior to adoption Dear Mayor Morrison and Councilmembers, The undersigned organizations and individuals would like to express strong support for the Westside, or "Old Town", Specific Plan. We believe this document lays the foundation for transformational change in the Old Town neighborhood. While this change will not be immediate. the Specific Plan places the neighborhood on a path to revitalization, and insures that residents of Old Town and all of National City will be able to live a healthier, happier life. We are able to support the Specific Plan because it includes strong language calling for: Zoning which prohibits new polluting industrial uses and encourages the future re -location or removal of existing polluting businesses 1: Explicit prohibition of industrial uses taking over residential parcels Separation between the freeway and new residential development adequate to buffer families from freeway pollution Development of community -serving businesses and new housing Improved walkability and pedestrian safety While there is much reason to applaud the Specific Plan, there are clear areas where revisions can be made to improve the plan before final adoption without requiring further environmental review, as follows: Official designation of the 10 acre Public Works Yard near the 24th St Trolley Station to be zoned as homes reserved for low-income families, Paradise Creek restoration area, and expansion of active recreation space At least a 75 foot natural habitat buffer between each side of Paradise Creek and the built environment to insure protection of water quality, floodplains, and wetland wildlife Limitation on heavy duty truck traffic and distribution activities We are pleased that this Mayor and Council have shown the leadership to advance long- awaited change in the Old Town neighborhood. This plan will improve health, increase economic vitality, enhance the City's image, protect unique natural resources, and usher in the kinds of development that will serve National City's residents for years to come. Old Town holds a special place in National City's history and future. We strongly encourage you to pass the Specific Plan in a timely manner so that the important work of implementation can begin. This plan is only as valuable as the action that follows its adoption, and we trust that you will do everything in your power to bring these changes to fruition. Sincerely, n e44776 pa- 160 Mayor Ron Morrison and Councilmembers City of National City 1243 National City Blvd National City, CA 91950 Re: Support for Westside Specific Plan and recommendations for revisions prior to adoption Dear Mayor Morrison and Councilmembers. The undersigned organizations and individuals would like to express strong support for the Westside, or "Old Town", Specific Plan. We believe this document lays the foundation for transformational change in the Old Town neighborhood. While this change will not be immediate, the Specific Plan places the neighborhood on a path to revitalization, and insures that residents of Old Town and all of National City will be able to live a healthier, happier life. We are able to support the Specific Plan because it includes strong language calling for: ,S Zoning which prohibits new polluting industrial uses and encourages the future re -location or removal of existing polluting businesses Explicit prohibition of industrial uses taking over residential parcels Separation between the freeway and new residential development adequate to buffer families from freeway pollution Development of community -serving businesses and new housing Improved walkability and pedestrian safety While there is much reason to applaud the Specific Plan, there are clear areas where revisions can be made to improve the plan before final adoption without requiring further environmental review, as follows: Official designation of the 10 acre Public Works Yard near the 24`h St Trolley Station to be zoned as homes reserved for low-income families, Paradise Creek restoration area, and expansion of active recreation space At least a 75 foot natural habitat buffer between each side of Paradise Creek and the built environment to insure protection of water quality, floodplains, and wetland wildlife Limitation on heavy duty truck traffic and distribution activities We are pleased that this Mayor and Council have shown the leadership to advance long- awaited change in the Old Town neighborhood. This plan will improve health, increase economic vitality, enhance the City's image, protect unique natural resources, and usher in the kinds of development that will serve National City's residents for years to come. Old Town holds a special place in National City's history and future. We strongly encourage you to pass the Specific Plan in a timely manner so that the important work of implementation can begin. This plan is only as valuable as the action that follows its adoption, and we trust that you will do everything in your power to bring these changes to fruition. Sincerely, t\-AI r sr t2 Mayor Ron Morrison and Councilmembers City of National City 1243 National City Blvd National City, CA 91950 Re: Support for \\ estside Specific Plan and recommendations for revisions prior to adoption Dear Mayor Morrison and Councilmembers, The undersigned organizations and individuals would like to express strong support for the Westside, or "Old Town". Specific Plan. We believe this document lays the foundation for transformational change in the Old Town neighborhood. While this change will not be immediate, the Specific Plan places the neighborhood on a path to revitalization, and insures that residents of Old Town and all of National City will be able to live a healthier, happier life. We are able to support the Specitic Plan because it includes strong language calling for: Zoning which prohibits new polluting industrial uses and encourages the future re -location or removal of existing polluting businesses Explicit prohibition of industrial uses taking over residential parcels Separation between the freeway and new residential development adequate to buffer families from freeway pollution Eyfi Development of community -serving businesses and new housing Improved walkability and pedestrian safety While there is much reason to applaud the Specific Plan, there are clear areas where revisions can be made to improve the plan before final adoption without requiring further environmental review, as follows: Official designation of the 10 acre Public Works Yard near the 24`h St Trolley Station to be zoned as homes reserved for low-income families, Paradise Creek restoration area, and expansion of active recreation space At least a 75 foot natural habitat buffer between each side of Paradise Creek and the built environment to insure protection of water quality, floodplains, and wetland wildlife Limitation on heavy duty truck traffic and distribution activities We are pleased that this Mayor and Council have shown the leadership to advance long- awaited change in the Old Town neighborhood. This plan will improve health, increase economic vitality, enhance the City's image, protect unique natural resources, and usher in the kinds of development that will serve National City's residents for years to come. Old Town holds a special place in National City's history and future. We strongly encourage you to pass the Specific Plan in a timely manner so that the important work of implementation can begin. This plan is only as valuable as the action that follows its adoption. and we trust that you will do everything in your power to bring these changes to fruition. Sincerely, /1 i�n CA./1 Mayor Ron Morrison and Councilmembers City of National City 1243 National City Blvd National City, CA 91950 Re: Support for Westside Specific Plan and recommendations for revisions prior to adoption Dear Mayor Morrison and Councilmembers, "fhe undersigned organizations and individuals would like to express strong support for the Westside. or "Old Town", Specific Plan. We believe this document lays the foundation for transformational change in the Old Town neighborhood. While this change will not be immediate. the Specific Plan places the neighborhood on a path to revitalization, and insures that residents of Old Town and all of National City will he able to live a healthier. happier life. We are able to support the Specific Ilan because it includes strong language calling for: Zoning which prohibits new polluting industrial uses and encourages the future re -location or removal of existing polluting businesses Explicit prohibition of industrial uses taking over residential parcels Separation between the freeway and new residential development adequate to buffer families from freeway pollution sDevelopment of community -serving businesses and new housing Improved walkability and pedestrian safety While there is much reason to applaud the Specific Plan, there are clear areas where revisions can be made to improve the plan before final adoption without requiring further environmental review, as follows: Official designation of the 10 acre Public Works Yard near the 24th St Trolley Station to be zoned as homes reserved for low-income families, Paradise Creek restoration area, and expansion of active recreation space At least a 75 foot natural habitat buffer between each side of Paradise Creek and the built environment to insure protection of water quality, floodplains, and wetland wildlife Limitation on heavy duty truck traffic and distribution activities We are pleased that this Mayor and Council have shown the leadership to advance long- awaited change in the Old Town neighborhood. This plan will improve health, increase economic vitality, enhance the City's image, protect unique natural resources; and usher in the kinds of development that will serve National City's residents for years to come. Old Town holds a special place in National City's history and future. We strongly encourage you to pass the Specific Plan in a timely manner so that the important work of implementation can begin. This plan is only as valuable as the action that follows its adoption, and we trust that you will do everything in your power 10 bring these changes to fruition. Mayor Ron Morrison and Councilmembers City of National City 1243 National City Blvd National City, CA 91950 Re: Support for Wcstside Specific Plan and recommendations for revisions prior to adoption Dear Mayor Morrison and Councilmembers, The undersigned organizations and individuals would like to express strong support for the Westside, or '`Old Town'', Specific Plan. We believe this document lays the foundation for transformational change in the Old Town neighborhood. While this change will not be immediate, the Specific Plan places the neighborhood on a path to revitalization, and insures that residents of Old Town and all of National City will be able to live a healthier, happier life. We are able to support the Specific Plan because it includes strong language calling for: Zoning which prohibits new polluting industrial uses and encourages the future re -location or removal of existing polluting businesses Explicit prohibition of industrial uses taking over residential parcels Separation between the freeway and new residential development adequate to buffer families from freeway pollution Development of community -serving businesses and new housing Improved walkabilit and pedestrian safety While there is much reason to applaud the Specific Plan, there are clear areas where revisions can be made to improve the plan before final adoption without requiring further environmental review, as follows: Official designation of the 10 acre Public Works Yard near the 24th St Trolley Station to be zoned as homes reserved for low-income families, Paradise Creek restoration arca, and expansion of active recreation space At least a 75 foot natural habitat buffer between each side of Paradise Creek and the built environment to insure protection of water quality, floodplains, and wetland wildlife Limitation on heavy duty truck traffic and distribution activities We are pleased that this Mayor and Council have shown the leadership to advance long- awaited change in the Old Town neighborhood. This plan will improve health, increase economic vitality, enhance the City's image, protect unique natural resources, and usher in the kinds of development that wi11 serve' National City's residents for years to come. Old 'town holds a special place in National City's history and future. We strongly encourage you to pass the Specific Plan in a timely manner so that the important work of implementation can begin. This plan is only as valuable as the action that follows its adoption, and we trust that you will do everything in your power to bring these changes to fruition. Sincerely, Mayor Ron Morrison and Councilmembers City of National City 1243 National City Blvd National City, CA 91950 Re: Support for Westside Specific Plan and recommendations for revisions prior to adoption Dear Mayor Morison and Councilmembers. The undersigned organizations and individuals would like to express strong support for the Westside, or "Old Town". Specific Plan. We believe this document lays the foundation for transformational change in the Old Town neighborhood. While this change will not be immediate, the Specific Plan places the neighborhood on a path to revitalization, and insures that residents of Old Town and all of National City will be able to live a healthier, happier life. We are able to support the Specific Plan because it includes strong language calling for: Zoning which prohibits new polluting industrial uses and encourages the future re -location or removal of existing polluting businesses Explicit prohibition of industrial uses taking over residential parcels Separation between the freeway and new residential development adequate to buffer families from freeway pollution ti Development of community -serving businesses and new housing Improved walkability and pedestrian safety While there is much reason to applaud the Specific Plan, there are clear areas where revisions can be made to improve the plan bore final adoption without requiring further environmental review, as follows: Official designation of the 10 acre Public Works Yard near the 24`" St Trolley Station to be zoned as homes reserved for low-income families, Paradise Creek restoration area, and expansion of active recreation space ' At least a 75 foot natural habitat buffer between each side of Paradise Creek and the built environment to insure protection of water quality, floodplains, and wetland wildlife Limitation on heavy duty truck traffic and distribution activities We are pleased that this Mayor and Council have shown the leadership to advance long- awaited change in the Old Town neighborhood. This plan will improve health, increase economic vitality_ enhance the City's image, protect unique natural resources, and usher in the kinds of development that will serve National City's residents for years to come. Old Town holds a special place in National Citv's history and future. We strongly encourage you to pass the Specific. Plan in a timely manner so that the important work of implementation can begin. This plan is only as valuable as the action that lollows its adoption, and we trust that you will do everything in your power to bring these changes to fruition. Mayor Ron Morrison and Councilmembers City of National City 1243 National City Blvd National City, CA 91950 Re: Support for Westside Specific Plan and recommendations for revisions prior to adoption Dear Mayor Morrison and Councilmembers. The undersigned organizations and individuals would like to express strong support for the Westside, or "Old Town", Specific Plan. We believe this document lays the foundation for transformational change in the Old Town neighborhood. While this change will not be immediate, the Specific Plan places the neighborhood on a path to revitalization, and insures that residents of Old Town and all of National City will be able to live a healthier, happier life. We are able to support the Specific Plan because it includes strong language calling for: Zoning which prohibits new polluting industrial uses and encourages the future re -location or removal of existing polluting businesses Explicit prohibition of industrial uses taking over residential parcels Separation between the freeway and new residential development adequate to buffer families from freeway pollution Development of community -serving businesses and new housing tS Improved walkability and pedestrian safety While there is much reason to applaud the Specific Plan, there are clear areas where revisions can be made to improve the plan before final adoption without requiring further environmental review, as follows: Official designation of the 10 acre Public Works Yard near the 24th St Trolley Station to be zoned as homes reserved for low-income families, Paradise Creek restoration area, and expansion of active recreation space At least a 75 foot natural habitat buffer between each side of Paradise Creek and the built environment to insure protection of water qualit, floodplains, and wetland wildlife Limitation on heavy duty truck traffic and distribution activities We are pleased that this Mayor and Council have shown the leadership to advance long- awaited change in the Old Town neighborhood. This plan will improve health, increase economic vitality, enhance the City's image, protect unique natural resources, and usher in the kinds of development that will serve National City's residents for years to come. Old Town holds a special place in National City's history and future. We strongly encourage you to pass the Specific Plan in a timely manner so that the important work of implementation can begin. This plan is only as valuable as the action that follows its adoption, and we trust that you will do everything in your power to bring these changes to fruition. Sincerely. r e L 2-IZ� 1 J r dv L4 t. \j i t ALL C r iy, CA S 6 Mayor Ron Morrison and Councilmembers City of National City 1243 National City Blvd National City, CA 91950 Rc: Support for Westside Specific Plan and recommendations for revisions prior to adoption Dear Mayor Morrison and Councilmembers, The undersigned organizations and individuals would like to express strong support for the Westside, or "Old Town", Specific Plan. We believe this document lays the foundation for transformational change in the Old Town neighborhood. While this change will not be immediate, the Specific Plan places the neighborhood on a path to revitalization, and insures that residents of Old Town and all of National City will be able to live a healthier, happier life. We are able to support the Specific Plan because it includes strong language calling for: Zoning which prohibits new polluting industrial uses and encourages the future re -location or removal of existing polluting businesses Explicit prohibition of industrial uses taking over residential parcels Separation between the freeway and new residential development adequate to buffer families from freeway pollution Development of community -serving businesses and new housing Improved walkability and pedestrian safety While there is much reason to applaud the Specific Plan, there are clear areas where revisions can be made to improve the plan before final adoption without requiring further environmental review, as follows: Official designation of the 10 acre Public Works Yard near the 24ch St Trolley Station to be zoned as homes reserved for low-income families, Paradise Creek restoration area, and expansion of active recreation space -rtorg At least a 100 foot natural habitat buffer between each side of Paradise Creek and the built environment to insure protection of water quality, floodplains, and wetland wildlife Limitation on heavy duty truck traffic and distribution activities We are pleased that this Mayor and Council have shown the leadership to advance long-. awaited change in the Old Town neighborhood. This plan will improve health, increase economic vitality, enhance the City's image, protect unique natural resources, and usher in the kinds of development that will serve National City's residents for years to come. Old Town holds a special place in National City's history and future. We strongly encourage you to pass the Specific Plan in a timely manner so that the important work of implementation can begin. This plan is only as valuable as the action that follows its adoption, and we trust that you will do everything in your power to bring these changes to fruition. Sincerely, 7e6ea A l rec-1-ev, P c tr P I Mayor Ron Morrison and Councilmembers City of National City 1243 National City Blvd National City, CA 91950 Re: Support for Westside Specific Plan and recommendations for revisions prior to adoption Dear Mayor Morrison and Councilmembers, The undersigned organizations and individuals would like to express strong support for the Westside, or "Old Town`, Specific Plan. We believe this document lays the foundation for transformational change in the Old Town neighborhood. While this change will not be immediate. the Specific Plan places the neighborhood on a path to revitalization, and insures that residents of Old Town and all of National City will be able to live a healthier. happier - life. We are able to support the Specific Plan because it includes strong language calling for: Zoning which prohibits new polluting industrial uses and encourages the future re -location or removal of existing polluting businesses s Explicit prohibition of industrial uses taking over residential parcels Separation between the freeway and new residential development adequate to buffer families from freeway pollution Development of community -serving businesses and new housing Improved walkability and pedestrian safety While there is much reason to applaud the Specific Plan, there are clear areas where revisions can be made to improve the plan before final adoption without requiring further environmental review, as follows: Official designation of the 10 acre Public Works Yard near the 24th St Trolley Station to be zoned as homes reserved for low-income families, Paradise Creek restoration area, and expansion of active recreation space At least a 75 foot natural habitat buffer between each side of Paradise Creek and the built environment to insure protection of water quality, floodplains, and wetland wildlife Limitation on heavy duty truck traffic and distribution activities We are pleased that this Mayor and Council have shown the leadership to advance long- awaited change in the Old Town neighborhood. This plan will improve health, increase economic vitality, enhance the City's image, protect unique natural resources, and usher in the kinds of development that will serve National City's residents for years to come. Old Town holds a special place in National City's history and future. We strongly encourage you to pass the Specific Plan in a timely manner so that the important work of implementation can begin. This plan is only as valuable as the action that follows its adoption, and we trust that you will do everything in your power to bring these changes to fruition. Sincerely, Mayor Ron Morrison and Councilmembers City of National City 1243 National City Blvd National City, CA 91950 Dear Mayor Morrison and Councilmembers, As medical and health professionals, we would like to lend our support to your efforts to move forward a comprehensive plan to address health impacts related to land use in the Westside National City neighborhood. As it is currently drafted, the Westside Specific Plan will help to reduce toxic exposure amongst National City residents and facilitate the long-term re -location of industrial businesses to an appropriate industrial area. Furthermore, the plan includes important attributes that will increase recreation options for youth, improve pedestrian safety, and usher in businesses that provide healthy eating options. The Specific Plan is a strong statement of National City's commitment to preventive measures that respond to many of the region's principal health challenges. As medical and health professionals, we believe strongly that prevention is a critical and indispensable component of reducing endemic health issues such as asthma, obesity, diabetes, and cancer. Land use has increasingly become a focus in prevention, and we believe the Specific Plan is a model for how sound land use planning can lay the groundwork for healthy living. In arriving at our position of support for the Westside Specific Plan, we have considered the following existing conditions: 1. There are dozens of industrial, particularly auto -related, businesses in the Westside neighborhood which pose a direct threat to the health of residents. Many of these businesses store or release asbestos, lead, volatile organic compounds, isocyanates, solvents and fine particulates. These toxics have been associated with lung and respiratory diseases, cancer, reproductive illness, liver and nervous system damage, headaches, nausea, irritation and other health problems. While all people who are exposed to these toxics are at an increased risk, vulnerable populations bear the greatest increase in risk, namely infants and children, the elderly, and individuals with chronic health problems. While data is not collected on a neighborhood level, asthma hospitalization rates for National City as a whole are 24% higher than the county ay craae, 9 2. Autobody and paint shops, of which there are over 10 in the Westside neighborhood, release a majority of the over 20,000 pounds of Toxic Air Contaminants released into the Westside neighborhood each year. 3. There are several industrial businesses within 500 feet of Kimball Elementary, which is the schoolsite for 387 children. Long-term exposure to the abovementioned contaminants can diminish the ability to learn and perform in school. 4. There is limited recreation space in a neighborhood that will very likely experience steep increases in density over the next 10 years. 5. There are unsafe pedestrian and bicycle routes in the Westside neighborhood. As it is currently drafted, the Specific Plan allows the City and stakeholders to set solutions to these problems into motion. We urge you to pass the Specific Plan in its current form, given that it will work to accomplish the following: 1. A complete re -zoning that places a ceiling on the number of industrial businesses that are allowed into the neighborhood. 2. A complete re -zoning that allows for the eventual phase -out of existing polluting industrial businesses, industrial businesses which retain hazardous materials on site, or industrial businesses that otherwise pose a threat to the health of residents. 3. Designates land for the development of active recreation space. 4. Improves walking and bicycling routes through the neighborhood. 5. Allows for the development of retail outlets that provide health�ating options. 6. Additionally, we recommend that portions of the Public Works and area be designated as active recreation area. We understand that these areas surrounding Paradise Creek must be balanced with adequate protection of wetland habitat. We defer to environmental experts on establishing appropriate protective measures. We thank you again for investing the time, resources, and political will in pushing this important plan forward. We believe National City is taking a great step towards improving the health and quality of life of its residents. Sincerely, r O n C AAA- /7 c/,,s4f -)-(0gA".- qmovieo V4 P � ``l/, Mayor Ron Morrison and Councilmembers City of National City 1243 National City Blvd National City, CA 91950 Dear Mayor Morrison and Councilmembers, As medical and health professionals, we would like to lend our support to your efforts to move forward a comprehensive plan to address health impacts related to land use in the Westside National City neighborhood. As it is currently drafted, the Westside Specific Plan will help to reduce toxic exposure amongst National City residents and facilitate the Tong -term re -location of industrial businesses to an appropriate industrial area. Furthermore, the plan includes important attributes that will increase recreation options for youth, improve pedestrian safety, and usher in businesses that provide healthy eating options. The Specific Plan is a strong statement of National City's commitment to preventive measures that respond to many of the region's principal health challenges. As medical and health professionals, we believe strongly that prevention is a critical and indispensable component of reducing endemic health issues such as asthma, obesity, diabetes, and cancer. Land use has increasingly become a focus in prevention, and we believe the Specific Plan is a model for how sound land use planning can lay the groundwork for healthy living. In arriving at our position of support for the Westside Specific Plan, we have considered the following existing conditions: 1. There are dozens of industrial, particularly auto -related, businesses in the Westside neighborhood which pose a direct threat to the health of residents. Many of these businesses store or release asbestos, lead, volatile organic compounds, isocyanates, solvents and fine particulates. These toxics have been associated with lung and respiratory diseases, cancer, reproductive illness, liver and nervous system damage, headaches, nausea, irritation and other health problems. While all people who are exposed to these toxics are at an increased risk, vulnerable populations bear the greatest increase in risk, namely infants and children, the elderly, and individuals with chronic health problems. While data is not collected on a neighborhood level, asthma hospitalization rates for National City as a whole are 24% higher than the county average. 2. Autobody and paint shops, of which there are over 10 in the Westside neighborhood, release a majority of the over 20,000 pounds of Toxic Air Contaminants released into the Westside neighborhood each year. 3. There are several industrial businesses within 500 feet of Kimball Elementary, which is the schoolsite for 387 children. Long-term exposure to the abovementioned contaminants can diminish the ability to learn and perform in school. 4. There is limited recreation space in a neighborhood that will very likely experience steep increases in density over the next 10 years. 5. There are unsafe pedestrian and bicycle routes in the Westside neighborhood. As it is currently drafted, the Specific Plan allows the City and stakeholders to set solutions to these problems into motion. We urge you to pass the Specific Plan in its current form, given that it will work to accomplish the following: 1. A complete re -zoning that places a ceiling on the number of industrial businesses that are allowed into the neighborhood. 2. A complete re -zoning that allows for the eventual phase -out of existing polluting industrial businesses, industrial businesses which retain hazardous materials on site, or industrial businesses that otherwise pose a threat to the health of residents. 3. Designates land for the development of active recreation space. 4. Improves walking and bicycling routes through the neighborhood. 5. Allows for the development of retail outlets that provide healthating options. 6. Additionally, we recommend that portions of the Public Works Yard area be designated as active recreation area. We understand that these areas surrounding Paradise Creek must be balanced with adequate protection of wetland habitat. We defer to environmental experts on establishing appropriate protective measures. We thank you again for investing the time, resources, and political will in pushing this important plan forward. We believe National City is taking a great step towards improving the health and quality of life of its residents. Sincerely, Open/ en 5-6zh a_A 6_11 Cif A . ft, e�t Pfi- C'G�iir i/LE flC S�G� �,✓11`4'6� j,-(7, z_t L A, 4 st rr(c-.1 Paradise Family Health Center Blanca Fresno, M.D. 655 S. Euclid Ave. Suite 207 National City, CA. 91950 Mayor Ron Morrison and Councilmembers City of National City 1243 National City Blvd National City, CA 91950 Dear Mayor Morrison and Councilmembers, As medical and health professionals, we would like to lend our support to your efforts to move forward a comprehensive plan to address health impacts related to land use in the Westside National City neighborhood. As it is currently drafted, the Westside Specific Plan will help to reduce toxic exposure amongst National City residents and facilitate the long-term re -location of industrial businesses to an appropriate industrial area. Furthermore, the plan includes important attributes that will increase recreation options for youth, improve pedestrian safety, and usher in businesses that provide healthy eating options. The Specific Plan is a strong statement of National City's commitment to preventive measures that respond to many of the region's principal health challenges. As medical and health professionals, we believe strongly that prevention is a critical and indispensable component of reducing endemic health issues such as asthma, obesity, diabetes, and cancer. Land use has increasingly become a focus in prevention, and we believe the Specific Plan is a model for how sound land use planning can lay the groundwork for healthy living. In arriving at our position of support for the Westside Specific Plan, we have considered the following existing conditions: 1. There are dozens of industrial, particularly auto -related, businesses in the Westside neighborhood which pose a direct threat to the health of residents. Many of these businesses store or release asbestos, lead, volatile organic compounds, isocyanates, solvents and fine particulates. These toxics have been associated with lung and respiratory diseases, cancer, reproductive illness, liver and nervous system damage, headaches, nausea, irritation and other health problems. While all people who are exposed to these toxics are at an increased risk, vulnerable populations bear the greatest increase in risk, namely infants and children, the elderly, and individuals with chronic health problems. While data is not collected on a neighborhood level, asthma hospitalization rates for National City as a whole are 24% higher than the county average. 2. Autobody and paint shops, of which there are over 10 in the Westside neighborhood, release a majority of the over 20,000 pounds of Toxic Air Contaminants released into the Westside neighborhood each year. 3. There are several industrial businesses within 500 feet of Kimball Elementary, which is the schoolsite for 387 children. Long-term exposure to the abovementioned contaminants can diminish the ability to learn and perform in school. 4. There is limited recreation space in a neighborhood that will very likely experience steep increases in density over the next 10 years. 5. There are unsafe pedestrian and bicycle routes in the Westside neighborhood. As it is currently drafted, the Specific Plan allows the City and stakeholders to set solutions to these problems into motion. We urge you to pass the Specific Plan in its current form, given that it will work to accomplish the following: 1. A complete re -zoning that places a ceiling on the number of industrial businesses that are allowed into the neighborhood. 2. A complete re -zoning that allows for the eventual phase -out of existing polluting industrial businesses, industrial businesses which retain hazardous materials on site, or industrial businesses that otherwise pose a threat to the health of residents. 3. Designates land for the development of active recreation space. 4. Improves walking and bicycling routes through the neighborhood. 5. Allows for the development of retail outlets that provide health eating options. 6. Additionally, we recommend that portions of the Public Works Yard area be designated as active recreation area. We understand that these areas surrounding Paradise Creek must be balanced with adequate protection of wetland habitat. We defer to environmental experts on establishing appropriate protective measures. We thank you again for investing the time, resources, and political will in pushing this important plan forward. We believe National City is taking a great step towards improving the health and quality of life of its residents. Sincerely, Paradise Family Health CerEter Blanca Fresno, Melee 655 S. Euclid Ave. Suite 207 National City, CA 91950 earatnise rramuy meann tenter Blanca Fresno, M.D. 655 S. Euclid Ave. Suite 207 National City, CA 91950 Mayor Ron Morrison and Councilmembers City of National City 1243 National City Blvd National City, CA 91950 Re: Support for Westside Specific Plan and recommendations for revisions prior to adoption Dear Mayor Morrison and Councilmembers, The undersigned organizations and individuals would like to express strong support for the Westside, or "Old Town", Specific Plan. We believe this document lays the foundation for transformational change in the Old Town neighborhood. While this change will not be immediate, the Specific Plan places the neighborhood on a path to revitalization, and insures that residents of Old Town and all of National City will be able to live a healthier, happier life. We are able to support the Specific Plan because it includes strong language calling for: t Zoning which prohibits new polluting industrial uses and encourages the future re -location or removal of existing polluting businesses t Explicit prohibition of industrial uses taking over residential parcels t Separation between the freeway and new residential development adequate to buffer families from freeway pollution tDevelopment of community -serving businesses and new housing Improved walkability and pedestrian safety While there is much reason to applaud the Specific Plan, there are clear areas where revisions can be made to improve the plan before final adoption without requiring further environmental review, as follows: pi Official designation of the 10 acre Public Works Yard near the 24th St Trolley Station to be zoned as homes reserved for low-income families, Paradise Creek restoration area, and expansion of active recreation space RI At least a 75 foot natural habitat buffer between each side of Paradise Creek and the built environment to insure protection of water quality, floodplains, and wetland wildlife {�J Limitation on heavy duty truck traffic and distribution activities We are pleased that this Mayor and Council have shown the leadership to advance long- awaited change in the Old Town neighborhood. This plan will improve health, increase economic vitality, enhance the City's image, protect unique natural resources, and usher in the kinds of development that will serve National City's residents for years to come. Old Town holds a special place in National City's history and future. We strongly encourage you to pass the Specific Plan in a timely manner so that the important work of implementation can begin. This plan is only as valuable as the action that follows its adoption, and we trust that you will do everything in your power to bring these changes to fruition. Sincerely, Paradise Family Health Center Bianca Fresno, M,l, 655 S. Euclid Ave. Suite 207 National City, CA 91950 FTLf71NO-AMERICAN WELLNESS CENTER community Mayor Ron Morrison and Councilmembers City of National City 1243 National City Blvd National City, CA 91950 Dear Mayor Morrison and Councilmembers, DECEIVED AUG 0 4 2009 services July 31, 2009 As medical and health professionals, we would like to lend our support to your efforts to move forward a comprehensive plan to address health impacts related to land use in the Westside National City neighborhood.. As it is currently drafted, the Westside Specific Plan will help to reduce toxic exposure amongst National City residents and facilitate the long-term re -location of industrial businesses to an appropriate industrial area. Furthermore, the plan includes important attributes that will increase recreation options for youth, improve pedestrian safety, and usher in businesses that provide healthy eating options. The Specific Plan is a strong statement of National City's commitment to preventive measures that respond to many of the region's principal health challenges. As medical and health professionals, we believe strongly that prevention is a critical and indispensable component of reducing endemic health issues such as asthma, obesity, diabetes, and cancer. Land use has increasingly become a focus in prevention, and we believe the Specific Plan is a model for how sound land use planning can lay the groundwork for healthy living. In arriving at our position of support for the Westside Specific Plan, we have considered the following existing conditions: 1. There are dozens of industrial, particularly auto -related, businesses in the Westside neighborhood which pose a direct threat to the health of residents. Many of these businesses store or release asbestos, lead, volatile organic compounds, isocyanates, solvents and fine particulates. These toxics have been associated with lung and respiratory diseases, cancer, reproductive illness, liver and nervous system damage, headaches, nausea, irritation and other health problems. While all people who are exposed to these toxics are at an increased risk, vulnerable populations bear the greatest increase in risk, namely infants and children, the elderly, and individuals with chronic health 1419 East 8th Street r National City, CA 91950 € (619) 477-3392 f Fax (619) 477-3391 wwwwebkalusugan.org problems. While data is not collected on a neighborhood level, asthma hospitalization rates for National City as a whole are 24% higher than the county average. 2. Autobody and paint shops, of which there are over 10 in the Westside neighborhood, release a majority of the over 20,000 pounds of Toxic Air Contaminants released into the Westside neighborhood each year. 3. There are several industrial businesses within 500 feet of Kimball Elementary, which is the schoolsite for 387 children. Long-term exposure to the abovementioned contaminants can diminish the ability to learn and perform in school. 4. There is limited recreation space in a neighborhood that will very likely experience steep increases in density over the next 10 years. 5. There are unsafe pedestrian and bicycle routes in the Westside neighborhood. As it is currently drafted, the Specific Plan allows the City and stakeholders to set solutions to these problems into motion. We urge you to pass the Specific Plan in its current form, given that it will work to accomplish the following: 1. A complete re -zoning that places a ceiling on the number of industrial businesses that are allowed into the neighborhood. 2. A complete re -zoning that allows for the eventual phase -out of existing polluting industrial businesses, industrial businesses which retain hazardous materials on site, or industrial businesses that otherwise pose a threat to the health of residents. 3. Designates land for the development of active recreation space. 4. Improves walking and bicycling routes through the neighborhood. 5. Allows for the development of retail outlets that provide health eating options. 6. Additionally, we recommend that portions of the Public Works Yard area be designated as active recreation area. We understand that these areas surrounding Paradise Creek must be balanced with adequate protection of wetland habitat. We defer to environmental experts on establishing appropriate protective measures. We thank you again for investing the time, resources, and political will in pushing this important plan forward. We believe National City is taking a great step towards improving the health and quality of life of its residents. Si�ere Dr. bfelia Dirige Executive Director Kalusugan Community Services Filipino American Wellness Center Fl! IPINOAMFRICAM1' WELLNESS CENTER Mayor Ron Morrison and Councilmembers City of National City 1243 National City Blvd National City, CA 91950 RECEIVED AUG 0 4 2009 cummuniry :3servic� July 31, 2009 Re: Support for Westside Specific Plan and recommendations for revisions prior to adoption Dear Mayor Morrison and Councilmembers, The undersigned organization and individuals would like to express strong support for the Westside, or "Old Town", Specific Plan. We believe this document lays the foundation for transformational change in the Old Town neighborhood. While this change will not be immediate, the Specific Plan places the neighborhood on a path to revitalization, and insures that residents of Old Town and all of National City will be able to live a healthier, happier life. We are able to support the Specific Plan because it includes strong language calling for: Zoning which prohibits new polluting industrial uses and encourages the future re -location or removal of existing polluting businesses Explicit prohibition of industrial uses taking over residential parcels Separation between the freeway and new residential development adequate to buffer families from freeway pollution Development of community -serving businesses and new housing Improved walkability and pedestrian safety While there is much reason to applaud the Specific Plan, there are clear areas where revisions can be made to improve the plan before final adoption without requiring further environmental review, as follows: Official designation of the 10 acre Public Works Yard near the 24`h St Trolley Station to be atoned as homes reserved for low-income 1419 East 8th Street e National City, CA 91990 e (619) 477-3392 E Fax j619) 477-3391 'nnww.webkalusugan.org families, Paradise Creek restoration area, and expansion of active recreation space At least a 75 foot natural habitat buffer between each side of Paradise Creek and the built environment to insure protection of water quality, floodplains, and wetland wildlife Limitation on heavy duty truck traffic and distribution activities We are pleased that this Mayor and Council have shown the leadership to advance long- awaited change in the Old Town neighborhood. This plan will improve health, increase economic vitality, enhance the City's image, protect unique natural resources, and usher in the kinds of development that will serve National City's residents for years to come. Old Town holds a special place in National City's history and future. We strongly encourage you to pass the Specific Plan in a timely manner so that the important work of implementation can begin. This plan is only as valuable as the action that follows its adoption, and we trust that you will do everything in your power to bring these changes to fruition. Sincerely, felia Dirige Dr. Executive Director Kalusugan Community Services FilAm Wellness Center Mayor Ron Morrison and Councilmembers City of National City 1243 National City Blvd National City, CA 91950 Dear Mayor Morrison and Councilmembers, As medical and health professionals, we would like to lend our support to your efforts to move forward a comprehensive plan to address health impacts related to land use in the Westside National City neighborhood. As it is currently drafted, the Westside Specific Plan will help to reduce toxic exposure amongst National City residents and facilitate the long-term re -location of industrial businesses to an appropriate industrial area. Furthermore, the plan includes important attributes that will increase recreation options for youth, improve pedestrian safety, and usher in businesses that provide healthy eating options. The Specific Plan is a strong statement of National City's commitment to preventive measures that respond to many of the region's principal health challenges. As medical and health professionals, we believe strongly that prevention is a critical and indispensable component of reducing endemic health issues such as asthma, obesity, diabetes, and cancer. Land use has increasingly become a focus in prevention, and we believe the Specific Plan is a model for how sound land use planning can lay the groundwork for healthy living. In arriving at our position of support for the Westside Specific Plan, we have considered the following existing conditions: 1. There are dozens of industrial, particularly auto -related, businesses in the Westside neighborhood which pose a direct threat to the health of residents. Many of these businesses store or release asbestos, lead, volatile organic compounds, isocyanates, solvents and fine particulates. These toxics have been associated with lung and respiratory diseases, cancer, reproductive illness, liver and nervous system damage, headaches, nausea, irritation and other health problems. While all people who are exposed to these toxics are at an increased risk, vulnerable populations bear the greatest increase in risk, namely infants and children, the elderly, and individuals with chronic health problems. While data is not collected on a neighborhood level, asthma hospitalization rates for National City as a whole are 24% higher than the county average. 2. Autobody and paint shops, of which there are over 10 in the Westside neighborhood, release a majority of the over 20,000 pounds of Toxic Air Contaminants released into the Westside neighborhood each year. 3. There are several industrial businesses within 500 feet of Kimball Elementary, which is the schoolsite for 387 children. Long-term exposure to the abovementioned contaminants can diminish the ability to learn and perform in school. 4. There is limited recreation space in a neighborhood that will very likely experience steep increases in density over the next 10 years. 5. There are unsafe pedestrian and bicycle routes in the Westside neighborhood. As it is currently drafted, the Specific Plan allows the City and stakeholders to set solutions to these problems into motion. We urge you to pass the Specific Plan in its current form, given that it will work to accomplish the following: 1. A complete re -zoning that places a ceiling on the number of industrial businesses that are allowed into the neighborhood. 2. A complete re -zoning that allows for the eventual phase -out of existing polluting industrial businesses, industrial businesses which retain hazardous materials on site, or industrial businesses that otherwise pose a threat to the health of residents. 3. Designates land for the development of active recreation space. 4. Improves walking and bicycling routes through the neighborhood. 5. Allows for the development of retail outlets that provide health eating options. 6. Additionally, we recommend that portions of the Public Works Yard area be designated as active recreation area. We understand that these areas surrounding Paradise Creek must be balanced with adequate protection of wetland habitat. We defer to environmental experts on establishing appropriate protective measures. We thank you again for investing the time, resources, and political will in pushing this important plan forward. We believe National City is taking a great step towards improving the health and quality of life of its residents. Sincerely, )L d , 5A r1,K tat C�. \ m io Mayor Ron Morrison and Councilmembers City of National City 1243 National City Blvd National City, CA 91950 Re: Support for Westside Specific Plan and recommendations for revisions prior to adoption Dear Mayor Morrison and Councilmembers, The undersigned organizations and individuals would like to express strong support for the Westside, or "Old Town", Specific Plan. We believe this document lays the foundation for transformational change in the Old Town neighborhood. While this change will not be immediate, the Specific Plan places the neighborhood on a path to revitalization, and insures that residents of Old Town and all of National City will be able to live a healthier, happier life. We are able to support the Specific Plan because it includes strong language calling for: Zoning which prohibits new polluting industrial uses and encourages the future re -location or removal of existing polluting businesses Explicit prohibition of industrial uses taking over residential parcels Separation between the freeway and new residential development adequate to buffer families from freeway pollution Development of communit y -serving ty-serving businesses and new housing Improved walkability and pedestrian safety While there is much reason to applaud the Specific Plan, there are clear areas where revisions can be made to improve the plan before final adoption without requiring further environmental review, as follows: Official designation of the 10 acre Public Works Yard near the 246 St Trolley Station to be zoned as homes reserved for low-income families, Paradise Creek restoration area, and expansion of active recreation space At least a 75 foot natural habitat buffer between each side of Paradise Creek and the built environment to insure protection of water quality, floodplains, and wetland wildlife Limitation on heavy duty truck traffic and distribution activities We are pleased that this Mayor and Council have shown the leadership to advance long- awaited change in the Old Town neighborhood. This plan will improve health, increase economic vitality, enhance the City's image, protect unique natural resources, and usher in the kinds of development that will serve National City's residents for years to come. Old Town holds a special place in National City's history and future. We strongly encourage you to pass the Specific Plan in a timely manner so that the important work of implementation can begin. This plan is only as valuable as the action that follows its adoption, and we trust that you will do everything in your power to bring these changes to fruition. Sincerely, Mot/, l�Jll, PH') CI e L C Mayor Ron Morrison and Councilmembers City of National City 1243 National City Blvd National City, CA 91950 Dear Mayor Morrison and Councilmembers, As medical and health professionals, we would like to lend our support to your efforts to move forward a comprehensive plan to address health impacts related to land use in the Westside National City neighborhood. As it is currently drafted, the Westside Specific Plan will help to reduce toxic exposure amongst National City residents and facilitate the long-term re -location of industrial businesses to an appropriate industrial area. Furthermore, the plan includes important attributes that will increase recreation options for youth, improve pedestrian safety, and usher in businesses that provide healthy eating options. The Specific Plan is a strong statement of National City's commitment to preventive measures that respond to many of the region's principal health challenges. As medical and health professionals, we believe strongly that prevention is a critical and indispensable component of reducing endemic health issues such as asthma, obesity, diabetes, and cancer. Land use has increasingly become a focus in prevention, and we believe the Specific Plan is a model for how sound land use planning can lay the groundwork for healthy living. In arriving at our position of support for the Westside Specific Plan, we have considered the following existing conditions: 1. There are dozens of industrial, particularly auto -related, businesses in the Westside neighborhood which pose a direct threat to the health of residents. Many of these businesses store or release asbestos, lead, volatile organic compounds, isocyanates, solvents and fine particulates. These toxics have been associated with lung and respiratory diseases, cancer, reproductive illness, liver and nervous system damage, headaches, nausea, irritation and other health problems. While all people who are exposed to these toxics are at an increased risk, vulnerable populations bear the greatest increase in risk, namely infants and children, the elderly, and individuals with chronic health problems. While data is not collected on a neighborhood level, asthma hospitalization rates for National City as a whole are 24% higher than the county average. 2. Autobody and paint shops, of which there are over 10 in the Westside neighborhood, release a majority of the over 20,000 pounds of Toxic Air Contaminants released into the Westside neighborhood each year. 3. There are several industrial businesses within 500 feet of Kimball Elementaq! which is the schoolsite for 387 children. Long-term exposure to the abovementioned contaminants can diminish the ability to learn and perform in school. 4. There is limited recreation space in a neighborhood that will very likely experience steep increases in density over the next 10 years. 5. There are unsafe pedestrian and bicycle routes in the Westside neighborhood. As it is currently drafted, the Specific Plan allows the City and stakeholders to set solutions to these problems into motion. We urge you to pass the Specific Plan in its current form, given that it will work to accomplish the following: 1. A complete re -zoning that places a ceiling on the number of industrial businesses that are allowed into the neighborhood. 2. A complete re -zoning that allows for the eventual phase -out of existing polluting industrial businesses, industrial businesses which retain hazardous materials on site, or industrial businesses that otherwise pose a threat to the health of residents. 3. Designates land for the development of active recreation space. 4. Improves walking and bicycling routes through the neighborhood. 5. Allows for the development of retail outlets that provide health eating options. 6. Additionally, we recommend that portions of the Public Works Yard area be designated as active recreation area. We understand that these areas surrounding Paradise Creek must be balanced with adequate protection of wetland habitat. We defer to environmental experts on establishing appropriate protective measures. We thank you again for investing the time, resources, and political will in pushing this important plan forward. We believe National City is taking a great step towards improving the health and quality of life of its residents. Sincerely, Mayor Ron Morrison and Councilmembers City of National City 1243 National City Blvd National City, CA 91950 Dear Mayor Morrison and Councilmembers, As medical and health professionals, we would like to lend our support to your efforts to move forward a comprehensive plan to address health impacts related to land use in the Westside National City neighborhood. As it is currently drafted, the Westside Specific Plan will help to reduce toxic exposure amongst National City residents and facilitate the long-term re -location of industrial businesses to an appropriate industrial area. Furthermore, the plan includes important attributes that will increase recreation options for youth, improve pedestrian safety, and usher in businesses that provide healthy eating options. The Specific Plan is a strong statement of National City's commitment to preventive measures that respond to many of the region's principal health challenges. As medical and health professionals, we believe strongly that prevention is a critical and indispensable component of reducing endemic health issues such as asthma, obesity, diabetes, and cancer. Land use has increasingly become a focus in prevention, and we believe the Specific Plan is a model for how sound land use planning can lay the groundwork for healthy living. In arriving at our position of support for the Westside Specific Plan, we have considered the following existing conditions: 1. There are dozens of industrial, particularly auto -related, businesses in the Westside neighborhood which pose a direct threat to the health of residents. Many of these businesses store or release asbestos, lead, volatile organic compounds, isocyanates, solvents and fine particulates. These toxics have been associated with lung and respiratory diseases, cancer, reproductive illness, liver and nervous system damage, headaches, nausea, irritation and other health problems. While all people who are exposed to these toxics are at an increased risk, vulnerable populations bear the greatest increase in risk, namely infants and children, the elderly, and individuals with chronic health problems. While data is not collected on a neighborhood level, asthma hospitalization rates for National City as a whole are 24% higher than the county average. 2. Autobody and paint shops, of which there are over 10 in the Westside neighborhood, release a majority of the over 20,000 pounds of Toxic Air Contaminants released into the Westside neighborhood each year. 3. There are several industrial businesses within 500 feet of Kimball Elementary, which is the schoolsite for 387 children. Long-term exposure to the abovementioned contaminants can diminish the ability to learn and perform in school. 4. There is limited recreation space in a neighborhood that will very likely experience steep increases in density over the next 10 years. 5. There are unsafe pedestrian and bicycle routes in the Westside neighborhood. As it is currently drafted, the Specific Plan allows the City and stakeholders to set solutions to these problems into motion. We urge you to pass the Specific Plan in its current form, given that it will work to accomplish the following: 1. A complete re -zoning that places a ceiling on the number of industrial businesses that are allowed into the neighborhood. 2. A complete re -zoning that allows for the eventual phase -out of existing polluting industrial businesses, industrial businesses which retain hazardous materials on site, or industrial businesses that otherwise pose a threat to the health of residents. 3. Designates land for the development of active recreation space. 4. Improves walking and bicycling routes through the neighborhood. 5. Allows for the development of retail outlets that provide health eating options. 6. Additionally, we recommend that portions of the Public Works Yard area be designated as active recreation area. We understand that these areas surrounding Paradise Creek must be balanced with adequate protection of wetland habitat. We defer to environmental experts on establishing appropriate protective measures. We thank you again for investing the time, resources, and political will in pushing this important plan forward. We believe National City is taking a great step towards improving the health and quality of life of its residents. Sincerely, 5+�� n C. CCL* �: M. b. Mayor Ron Morrison and Councilmembers City of National City 1243 National City Blvd National City, CA 91950 Dear Mayor Morrison and Councilmembers, As medical and health professionals, we would like to lend our support to your efforts to move forward a comprehensive plan to address health impacts related to land use in the Westside National City neighborhood. As it is currently drafted, the Westside Specific Plan will help to reduce toxic exposure amongst National City residents and facilitate the long-term re -location of industrial businesses to an appropriate industrial area. Furthermore, the plan includes important attributes that will increase recreation options for youth, improve pedestrian safety, and usher in businesses that provide healthy eating options. The Specific Plan is a strong statement of National City's commitment to preventive measures that respond to many of the region's principal health challenges. As medical and health professionals, we believe strongly that prevention is a critical and indispensable component of reducing endemic health issues such as asthma, obesity, diabetes, and cancer. Land use has increasingly become a focus in prevention, and we believe the Specific Plan is a model for how sound land use planning can lay the groundwork for healthy living. In arriving at our position of support for the Westside Specific Plan, we have considered the following existing conditions: 1. There are dozens of industrial, particularly auto -related, businesses in the Westside neighborhood which pose a direct threat to the health of residents. Many of these businesses store or release asbestos, lead, volatile organic compounds, isocyanates, solvents and fine particulates. These toxics have been associated with lung and respiratory diseases, cancer, reproductive illness, liver and nervous system damage, headaches, nausea, irritation and other health problems. While all people who are exposed to these toxics are at an increased risk, vulnerable populations bear the greatest increase in risk, namely infants and children, the elderly, and individuals with chronic health problems. While data is not collected on a neighborhood level, asthma hospitalization rates for National City as a whole are 24°10 higher than the county average. 2. Autobody and paint shops, of which there are over 10 in the Westside neighborhood, release a majority of the over 20,000 pounds of Toxic Aft Contaminants released into the Westside neighborhood each year. 3. There are several industrial businesses within 500 feet of Kimball Elementary, which is the schoolsite for 387 children. Long-term exposure to the abovementioned contaminants can diminish the ability to learn and perform in school. 4. There is limited recreation space in a neighborhood that will very likely experience steep increases in density over the next 10 years. 5. There are unsafe pedestrian and bicycle routes in the Westside neighborhood. As it is currently drafted, the Specific Plan allows the City and stakeholders to set solutions to these problems into motion. We urge you to pass the Specific Plan in its current form, given that it will work to accomplish the following: 1. A complete re -zoning that places a ceiling on the number of industrial businesses that are allowed into the neighborhood. 2. A complete re -zoning that allows for the eventual phase -out of existing polluting industrial businesses, industrial businesses which retain hazardous materials on site, or industrial businesses that otherwise pose a threat to the health of residents. 3. Designates land for the development of active recreation space. 4. Improves walking and bicycling routes through the neighborhood. 5. Allows for the development of retail outlets that provide health eating options. 6. Additionally, we recommend that portions of the Public Works Yard area be designated as active recreation area. We understand that these areas surrounding Paradise Creek must be balanced with adequate protection of wetland habitat. We defer to environmental experts on establishing appropriate protective measures. We thank you again for investing the time, resources, and political will in pushing this important plan forward. We believe National City is taking a great step towards improving the health and quality of life of its residents. Sincerely, Mayor Ron Morrison and Councilmembers City of National City 1243 National City Blvd National City, CA 91950 Dear Mayor Morrison and Councilmembers, As medical and health professionals, we would like to lend our support to your efforts to move forward a comprehensive plan to address health impacts related to land use in the Westside National City neighborhood. As it is currently drafted, the Westside Specific Plan will help to reduce toxic exposure amongst National City residents and facilitate the long-term re -location of industrial businesses to an appropriate industrial area. Furthermore, the plan includes important attributes that will increase recreation options for youth, improve pedestrian safety, and usher in businesses that provide healthy eating options. The Specific Plan is a strong statement of National City's commitment to preventive measures that respond to many of the region's principal health challenges. As medical and health professionals, we believe strongly that prevention is a critical and indispensable component of reducing endemic health issues such as asthma, obesity, diabetes, and cancer. Land use has increasingly become a focus in prevention, and we believe the Specific Plan is a model for how sound land use planning can lay the groundwork for healthy living. In arriving at our position of support for the Westside Specific Plan, we have considered the following existing conditions: 1. There are dozens of industrial, particularly auto -related, businesses in the Westside neighborhood which pose a direct threat to the health of residents. Many of these businesses store or release asbestos, lead, volatile organic compounds, isocyanates, solvents and fine particulates. These toxics have been associated with lung and respiratory diseases, cancer, reproductive illness, liver and nervous system damage, headaches, nausea, irritation and other health problems. While all people who are exposed to these toxics are at an increased risk, vulnerable populations bear the greatest increase in risk, namely infants and children, the elderly, and individuals with chronic health problems. While data is not collected on a neighborhood level, asthma hospitalization rates for National City as a whole are 24% higher than the county average. 2. Autobody and paint shops, of which there are over 10 in the Westside neighborhood, release a majority of the over 20,000 pounds of Toxic Air Contaminants released into the Westside neighborhood each year. 3. There are several industrial businesses within 500 feet of Kimball Elementary, which is the schoolsite for 387 children. Long-term exposure to the abovementioned contaminants can diminish the ability to learn and perform in school. 4. There is limited recreation space in a neighborhood that will very likely experience steep increases in density over the next 10 years. 5. There are unsafe pedestrian and bicycle routes in the Westside neighborhood. As it is currently drafted, the Specific Plan allows the City and stakeholders to set solutions to these problems into motion. We urge you to pass the Specific Plan in its current form, given that it will work to accomplish the following: 1. A complete re -zoning that places a ceiling on the number of industrial businesses that are allowed into the neighborhood. 2. A complete re -zoning that allows for the eventual phase -out of existing polluting industrial businesses, industrial businesses which retain hazardous materials on site, or industrial businesses that otherwise pose a threat to the health of residents. 3. Designates land for the development of active recreation space. 4. Improves walking and bicycling routes through the neighborhood. 5. Allows for the development of retail outlets that provide health eating options. 6. Additionally, we recommend that portions of the Public Works Yard area be designated as active recreation area. We understand that these areas surrounding Paradise Creek must be balanced with adequate protection of wetland habitat. We defer to environmental experts on establishing appropriate protective measures. We thank you again for investing the time, resources, and political will in pushing this important plan forward. We believe National City is taking a great step towards improving the health and quality of life of its residents. Sincerely, Mayor Ron Morrison and Councilmembers City of National City 1243 National City Blvd National City, CA 91950 Dear Mayor Morrison and Councilmembers, As medical and health professionals, we would like to lend our support to your efforts to move forward a comprehensive plan to address health impacts related to land use in the Westside National City neighborhood. As it is currently drafted, the Westside Specific Plan will help to reduce toxic exposure amongst National City residents and facilitate the long-term re -location of industrial businesses to an appropriate industrial area. Furthermore, the plan includes important attributes that will increase recreation options for youth, improve pedestrian safety, and usher in businesses that provide healthy eating options. The Specific Plan is a strong statement of National City's commitment to preventive measures that respond to many of the region's principal health challenges. As medical and health professionals, we believe strongly that prevention is a critical and indispensable component of reducing endemic health issues such as asthma, obesity, diabetes, and cancer. Land use has increasingly become a focus in prevention, and we believe the Specific Plan is a model for how sound land use planning can lay the groundwork for healthy living. In arriving at our position of support for the Westside Specific Plan, we have considered the following existing conditions: 1. There are dozens of industrial, particularly auto -related, businesses in the Westside neighborhood which pose a direct threat to the health of residents. Many of these businesses store or release asbestos, lead, volatile organic compounds, isocyanates, solvents and fine particulates. These toxics have been associated with lung and respiratory diseases, cancer, reproductive illness, liver and nervous system damage, headaches, nausea, irritation and other health problems. While all people who are exposed to these toxics are at an increased risk, vulnerable populations bear the greatest increase in risk, namely infants and children, the elderly, and individuals with chronic health problems. While data is not collected on a neighborhood level, asthma hospitalization rates for National City as a whole are 24% higher than the county average. 2. Autobody and paint shops, of which there are over 10 in the Westside neighborhood, release a majority of the over 20,000 pounds of Toxic Air Contaminants released into the Westside neighborhood each year. 3. There are several industrial businesses within 500 feet of Kimball Elementary, which is the schoolsite for 387 children. Long-term exposure to the abovementioned contaminants can diminish the ability to learn and perform in school. 4. There is limited recreation space in a neighborhood that will very likely experience steep increases in density over the next 10 years. 5. There are unsafe pedestrian and bicycle routes in the Westside neighborhood. As it is currently drafted, the Specific Plan allows the City and stakeholders to set solutions to these problems into motion. We urge you to pass the Specific Plan in its current form, given that it will work to accomplish the following: 1. A complete re -zoning that places a ceiling on the number of industrial businesses that are allowed into the neighborhood. 2. A complete re -zoning that allows for the eventual phase -out of existing polluting industrial businesses, industrial businesses which retain hazardous materials on site, or industrial businesses that otherwise pose a threat to the health of residents. 3. Designates land for the development of active recreation space. 4. Improves walking and bicycling routes through the neighborhood. 5. Allows for the development of retail outlets that provide health eating options. 6. Additionally, we recommend that portions of the Public Works Yard area be designated as active recreation area. We understand that these areas surrounding Paradise Creek must be balanced with adequate protection of wetland habitat. We defer to environmental experts on establishing appropriate protective measures. We thank you again for investing the time, resources, and political will in pushing this important plan forward. We believe National City is taking a great step towards improving the health and quality of life of its residents. Sincerely, vui\ A!io! 61,10m KO Mayor Ron Morrison and Councilmembers City of National City 1243 National City Blvd National City, CA 91950 Dear Mayor Morrison and Councilmembers, As medical and health professionals, we would like to lend our support to your efforts to move forward a comprehensive plan to address health impacts related to land use in the Westside National City neighborhood. As it is currently drafted, the Westside Specific Plan will help to reduce toxic exposure amongst National City residents and facilitate the long-term re -location of industrial businesses to an appropriate industrial area. Furthermore, the plan includes important attributes that will increase recreation options for youth, improve pedestrian safety, and usher in businesses that provide healthy eating options. The Specific Plan is a strong statement of National City's commitment to preventive measures that respond to many of the region's principal health challenges. As medical and health professionals, we believe strongly that prevention is a critical and indispensable component of reducing endemic health issues such as asthma, obesity, diabetes, and cancer. Land use has increasingly become a focus in prevention, and we believe the Specific Plan is a model for how sound land use planning can lay the groundwork for healthy living. In arriving at our position of support for the Westside Specific Plan, we have considered the following existing conditions: 1. There are dozens of industrial, particularly auto -related, businesses in the Westside neighborhood which pose a direct threat to the health of residents. Many of these businesses store or release asbestos, lead, volatile organic compounds, isocyanates, solvents and fine particulates. These toxics have been associated with lung and respiratory diseases, cancer, reproductive illness, liver and nervous system damage, headaches, nausea, irritation and other health problems. While all people who are exposed to these toxics are at an increased risk, vulnerable populations bear the greatest increase in risk, namely infants and children, the elderly, and individuals with chronic health problems. While data is not collected on a neighborhood level, asthma hospitalization rates for National City as a whole are 24% higher than the county average. 2. Autobody and paint shops, of which there are over 10 in the Westside neighborhood, release a majority of the over 20,000 pounds of Toxic Air Contaminants released into the Westside neighborhood each year. 3. There are several industrial businesses within 500 feet of Kimball Elementary, which is the schoolsite for 387 children. Long-term exposure to the abovementioned contaminants can diminish the ability to learn and perform in school. 4. There is limited recreation space in a neighborhood that will very likely experience steep increases in density over the next 10 years. 5. There are unsafe pedestrian and bicycle routes in the Westside neighborhood. As it is currently drafted, the Specific Plan allows the City and stakeholders to set solutions to these problems into motion. We urge you to pass the Specific Plan in its current form, given that it will work to accomplish the following: 1. A complete re -zoning that places a ceiling on the number of industrial businesses that are allowed into the neighborhood. 2. A complete re -zoning that allows for the eventual phase -out of existing polluting industrial businesses, industrial businesses which retain hazardous materials on site, or industrial businesses that otherwise Dose a threat to the health of residents. 3. Designates land for the development of active recreation space. 4. Improves walking and bicycling routes through the neighborhood. 5. Allows for the development of retail outlets that provide health eating options. 6. Additionally, we recommend that portions of the Public Works Yard area be designated as active recreation area. We understand that these areas surrounding Paradise Creek must be balanced with adequate protection of wetland habitat. We defer to environmental experts on establishing appropriate protective measures. We thank you again for investing the time, resources, and political will in pushing this important plan forward. We believe National City is taking a great step towards improving the health and quality of life of its residents. Sincerely, L Ri��It S io L Mayor Ron Morrison and Councilmembers City of National City 1243 National City Blvd National City, CA 91950 Dear Mayor Morrison and Councilmembers, As medical and health professionals, we would like to lend our support to your efforts to move forward a comprehensive plan to address health impacts related to land use in the Westside National City neighborhood. As it is currently drafted, the Westside Specific Plan will help to reduce toxic exposure amongst National City residents and facilitate the long-term re -location of industrial businesses to an appropriate industrial area. Furthermore, the plan includes important attributes that will increase recreation options for youth, improve pedestrian safety, and usher in businesses that provide healthy eating options. The Specific Plan is a strong statement of National City's commitment to preventive measures that respond to many of the region's principal health challenges. As medical and health professionals, we believe strongly that prevention is a critical and indispensable component of reducing endemic health issues such as asthma, obesity, diabetes, and cancer. Land use has increasingly become a focus in prevention, and we believe the Specific Plan is a model for how sound land use planning can lay the groundwork for healthy living. In arriving at our position of support for the Westside Specific Plan, we have considered the following existing conditions: 1. There are dozens of industrial, particularly auto -related, businesses in the Westside neighborhood which pose a direct threat to the health of residents. Many of these businesses store or release asbestos, lead, volatile organic compounds, isocyanates, solvents and fine particulates. These toxics have been associated with lung and respiratory diseases, cancer, reproductive illness, liver and nervous system damage, headaches, nausea, irritation and other health problems. While all people who are exposed to these toxics are at an increased risk, vulnerable populations bear the greatest increase in risk, namely infants and children, the elderly, and individuals with chronic health problems. While data is not collected on a neighborhood level, asthma hospitalization rates for National City as a whole are 24% higher than the county average. 2. Autobody and paint shops, of which there are over 10 in the Westside neighborhood, release a majority of the over 20,000 pounds of Toxic Air Contaminants released into the Westside neighborhood each year. 3. There are several industrial businesses within 500 feet of Kimball Elementary, which is the schoolsite for 387 children. Long-term exposure to the abovementioned contaminants can diminish the ability to learn and perform in school. 4. There is limited recreation space in a neighborhood that will very likely experience steep increases in density over the next 10 years. 5. There are unsafe pedestrian and bicycle routes in the Westside neighborhood. As it is currently drafted, the Specific Plan allows the City and stakeholders to set solutions to these problems into motion. We urge you to pass the Specific Plan in its current form, given that it will work to accomplish the following: 1. A complete re -zoning that places a ceiling on the number of industrial businesses that are allowed into the neighborhood. 2. A complete re -zoning that allows for the eventual phase -out of existing polluting industrial businesses, industrial businesses which retain hazardous materials on site, or industrial businesses that otherwise pose a threat to the health of residents. 3. Designates land for the development of active recreation space. 4. Improves walking and bicycling routes through the neighborhood. 5. Allows for the development of retail outlets that provide health eating options. 6. Additionally, we recommend that portions of the Public Works Yard area be designated as active recreation area. We understand that these areas surrounding Paradise Creek must be balanced with adequate protection of wetland habitat. We defer to environmental experts on establishing appropriate protective measures. We thank you again for investing the time, resources, and political will in pushing this important plan forward. We believe National City is taking a great step towards improving the health and quality of life of its residents. Sincerely, Mayor Ron Morrison and Councilmembers City of National City 1243 National City Blvd National City, CA 91950 Dear Mayor Morrison and Councilmembers, As medical and health professionals, we would like to lend our support to your efforts to move forward a comprehensive plan to address health impacts related to land use in the Westside National City neighborhood. As it is currently drafted, the Westside Specific Plan will help to reduce toxic exposure amongst National City residents and facilitate the long-term re -location of industrial businesses to an appropriate industrial area. Furthermore, the plan includes important attributes that will increase recreation options for youth, improve pedestrian safety, and usher in businesses that provide healthy eating options. The Specific Plan is a strong statement of National City's commitment to preventive measures that respond to many of the region's principal health challenges. As medical and health professionals, we believe strongly that prevention is a critical and indispensable component of reducing endemic health issues such as asthma, obesity, diabetes, and cancer. Land use has increasingly become a focus in prevention, and we believe the Specific Plan is a model for how sound land use planning can lay the groundwork for healthy living. In arriving at our position of support for the Westside Specific Plan, we have considered the following existing conditions: 1. There are dozens of industrial, particularly auto -related, businesses in the Westside neighborhood which pose a direct threat to the health of residents. Many of these businesses store or release asbestos, lead, volatile organic compounds, isocyanates, solvents and fine particulates. These toxics have been associated with lung and respiratory diseases, cancer, reproductive illness, liver and nervous system damage, headaches, nausea, irritation and other health problems. While all people who are exposed to these toxics are at an increased risk, vulnerable populations bear the greatest increase in risk, namely infants and children, the elderly, and individuals with chronic health problems. While data is not collected on a neighborhood level, asthma hospitalization rates for National City as a whole are 24% higher than the county average. 2. Autobody and paint shops, of which there are over 10 in the Westside neighborhood, release a majority of the over 20,000 pounds of Toxic Air Contaminants released into the Westside neighborhood each year. 3. There are several industrial businesses within 500 feet of Kimball Elementary, which is the schoolsite for 387 children. Long-term exposure to the abovementioned contaminants can diminish the ability to learn and perform in school. 4. There is limited recreation space in a neighborhood that will very likely experience steep increases in density over the next 10 years. 5. There are unsafe pedestrian and bicycle routes in the Westside neighborhood. As it is currently drafted, the Specific Plan allows the City and stakeholders to set solutions to these problems into motion. We urge you to pass the Specific Plan in its current form, given that it will work to accomplish the following: 1. A complete re -zoning that places a ceiling on the number of industrial businesses that are allowed into the neighborhood. 2. A complete re -zoning that allows for the eventual phase -out of existing polluting industrial businesses, industrial businesses which retain hazardous materials on site, or industrial businesses that otherwise pose a threat to the health of residents. 3. Designates land for the development of active recreation space. 4. Improves walking and bicycling routes through the neighborhood. 5. Allows for the development of retail outlets that provide health eating options. 6. Additionally, we recommend that portions of the Public Works Yard area be designated as active recreation area. We understand that these areas surrounding Paradise Creek must be balanced with adequate protection of wetland habitat. We defer to environmental experts on establishing appropriate protective measures. We thank you again for investing the time, resources, and political will in pushing this important plan forward. We believe National City is taking a great step towards improving the health and quality of life of its residents. Sincerely, Mayor Ron Morrison and Councilmembers City of National City 1243 National City Blvd National City, CA 91950 Dear Mayor Morrison and Councilmembers, As medical and health professionals, we would like to lend our support to your efforts to move forward a comprehensive plan to address health impacts related to land use in the Westside National City neighborhood. As it is currently drafted, the Westside Specific Plan will help to reduce toxic exposure amongst National City residents and facilitate the long-term re -location of industrial businesses to an appropriate industrial area. Furthermore, the plan includes important attributes that will increase recreation options for youth, improve pedestrian safety, and usher in businesses that provide healthy eating options. The Specific Plan is a strong statement of National City's commitment to preventive measures that respond to many of the region's principal health challenges. As medical and health professionals, we believe strongly that prevention is a critical and indispensable component of reducing endemic health issues such as asthma, obesity, diabetes, and cancer. Land use has increasingly become a focus in prevention, and we believe the Specific Plan is a model for how sound land use planning can lay the groundwork for healthy living. In arriving at our position of support for the Westside Specific Plan, we have considered the following existing conditions: I. There are dozens of industrial, particularly auto -related, businesses in the Westside neighborhood which pose a direct threat to the health of residents. Many of these businesses store or release asbestos, lead, volatile organic compounds, isocyanates, solvents and fine particulates. These toxics have been associated with lung and respiratory diseases, cancer, reproductive illness, liver and nervous system damage, headaches, nausea, irritation and other health problems. While all people who are exposed to these toxics are at an increased risk, vulnerable populations bear the greatest increase in risk, namely infants and children, the elderly, and individuals with chronic health problems. While data is not collected on a neighborhood level, asthma hospitalization rates for National City as a whole are 24% higher than the county average. 2. Autobody and paint shops, of which there are over 10 in the Westside neighborhood, release a majority of the over 20,000 pounds of Toxic Air Contaminants released into the Westside neighborhood each year. 3. There are several industrial businesses within 500 feet of Kimball Elementary, which is the schoolsite for 387 children. Long-term exposure to the abovementioned contaminants can diminish the ability to learn and perform in school. 4. There is limited recreation space in a neighborhood that will very likely experience steep increases in density over the next 10 years. 5. There are unsafe pedestrian and bicycle routes in the Westside neighborhood. As it is currently drafted, the Specific Plan allows the City and stakeholders to set solutions to these problems into motion. We urge you to pass the Specific Plan in its current form, given that it will work to accomplish the following: 1. A complete re -zoning that places a ceiling on the number of industrial businesses that are allowed into the neighborhood. 2. A complete re -zoning that allows for the eventual phase -out of existing polluting industrial businesses, industrial businesses which retain hazardous materials on site. or industrial businesses that otherwise pose a threat to the health of residents. 3. Designates land for the development of active recreation space. 4. Improves walking and bicycling routes through the neighborhood. 5. Allows for the development of retail outlets that provide health eating options. 6. Additionally, we recommend that portions of the Public Works Yard area be designated as active recreation area. We understand that these areas surrounding Paradise Creek must be balanced with adequate protection of wetland habitat. We defer to environmental experts on establishing appropriate protective measures. We thank you again for investing the time, resources, and political will in pushing this important plan forward. We believe National City is taking a great step towards improving the health and quality of life of its residents. Sincerely Michael Kelly, MD Clinical Chair San Diego Regional Asthma Coalition Mayor Ron Morrison and Councilmembers City of National City 1243 National City Blvd National City, CA 91950 Dear Mayor Morrison and Councilmembers, As medical and health professionals, we would like to lend our support to your efforts to move forward a comprehensive plan to address health impacts related to land use in the Westside National City neighborhood. As it is currently drafted, the Westside Specific Plan will help to reduce toxic exposure amongst National City residents and facilitate the long-term re -location of industrial businesses to an appropriate industrial area. Furthermore, the plan includes important attributes that will increase recreation options for youth, improve pedestrian safety, and usher in businesses that provide healthy eating options. The Specific Plan is a strong statement of National City's commitment to preventive measures that respond to many of the region's principal health challenges. As medical and health professionals, we believe strongly that prevention is a critical and indispensable component of reducing endemic health issues such as asthma, obesity, diabetes, and cancer. Land usehas increasingly become a focus in prevention, and we believe the Specific Plan is a model for how sound land use planning can lay the groundwork for healthy living. In arriving at our position of support for the Westside Specific Plan, we have considered the following existing conditions: 1. There are dozens of industrial, particularly auto -related, businesses in the Westside neighborhood which pose a direct threat to the health of residents. Many of these businesses store or release asbestos, lead, volatile organic compounds, isocyanates, solvents and fine particulates. These toxics have been associated with lung and respiratory diseases, cancer, reproductive illness, liver and nervous system damage, headaches, nausea, irritation and other health problems. While all people who are exposed to these toxics are at an increased risk, vulnerable populations bear the greatest increase in risk, namely infants and children, the elderly, and individuals with chronic health problems. While data is not collected on a neighborhood level, asthma hospitalization rates for National City as a whole are 24% higher than the county average. 2. Autobody and paint shops, of which there are over 10 in the Westside neighborhood, release a majority of the over 20,000 pounds of Toxic Air Contaminants released into the Westside neighborhood each year. 3. There are several industrial businesses within 500 feet of Kimball Elementary, which is the schoolsite for 387 children. Long-term exposure to the abovementioned contaminants can diminish the ability to learn and perform in school. 4. There is limited recreation space in a neighborhood that will very likely experience steep increases in density over the next 10 years. 5. There are unsafe pedestrian and bicycle routes in the Westside neighborhood. As it is currently drafted, the Specific Plan allows the City and stakeholders to set solutions to these problems into motion. We urge you to pass the Specific Plan in its current form, given that it will work to accomplish the following: 1. A complete re -zoning that places a ceiling on the number of industrial businesses that are allowed into the neighborhood. 2. A complete re -zoning that allows for the eventual phase -out of existing polluting industrial businesses, industrial businesses which retain hazardous materials on site, or industrial businesses that otherwise pose a threat to the health of residents. 3. Designates land for the development of active recreation space. 4. Improves walking and bicycling routes through the neighborhood. 5. Allows for the development of retail outlets that provide healthating�options. 6. Additionally, we recommend that portions of the Public Works and area be designated as active recreation area. We understand that these areas surrounding Paradise Creek must be balanced with adequate protection of wetland habitat. We defer to environmental experts on establishing appropriate protective measures. We thank you again for investing the time, resources, and political will in pushing this important plan forward. We believe National City is taking a great step towards improving the health and quality of life of its residents. Sincerely, 652,, 45, /140 5ce- s .17 Mom« <, s , ( P/ 7V 2-22 —1c0 Mayor Ron Morrison and Councilmembers City of National City 1243 National City Blvd National City, CA 91950 Dear Mayor Morrison and Councilmembers, As medical and health professionals, we would like to lend our support to your efforts to move forward a comprehensive plan to address health impacts related to land use in the Westside National City neighborhood. As it is currently drafted, the Westside Specific Plan will help to reduce toxic exposure amongst National City residents and facilitate the long-term re -location of industrial businesses to an appropriate industrial area. Furthermore, the plan includes important attributes that will increase recreation options for youth, improve pedestrian safety, and usher in businesses that provide healthy eating options. The Specific Plan is a strong statement of National City's commitment to preventive measures that respond to many of the region's principal health challenges. As medical and health professionals, we believe strongly that prevention is a critical and indispensable component of reducing endemic health issues such as asthma, obesity, diabetes, and cancer. Land use has increasingly become a focus in prevention, and we believe the Specific Plan is a model for how sound land use planning can lay the groundwork for healthy living. In arriving at our position of support for the Westside Specific Plan, we have considered the following existing conditions: 1. There are dozens of industrial, particularly auto -related, businesses in the Westside neighborhood which pose a direct threat to the health of residents. Many of these businesses store or release asbestos, lead, volatile organic compounds, isocyanates, solvents and fine particulates. These toxics have been associated with lung and respiratory diseases, cancer, reproductive illness, liver and nervous system damage, headaches, nausea, irritation and other health problems. While all people who are exposed to these toxics are at an increased risk, vulnerable populations bear the greatest increase in risk, namely infants and children, the elderly, and individuals with chronic health problems. While data is not collected on a neighborhood level, asthma hospitalization rates for National City as a whole are 24% higher than the county average. 2. Autobody and paint shops, of which there are over 10 in the Westside neighborhood, release a majority of the over 20,000 pounds of Toxic Air Contaminants released into the Westside neighborhood each year. 3. There are several industrial businesses within 500 feet of Kimball Elementary, which is the schoolsite for 387 children. Long-term exposure to the abovementioned contaminants can diminish the ability to learn and perform in school. 4. There is limited recreation space in a neighborhood that will very likely experience steep increases in density over the next 10 years. 5. There are unsafe pedestrian and bicycle routes in the Westside neighborhood. As it is currently drafted, the Specific Plan allows the City and stakeholders to set solutions to these problems into motion. We urge you to pass the Specific Plan in its current form, given that it will work to accomplish the following: 1. A complete re -zoning that places a ceiling on the number of industrial businesses that are allowed into the neighborhood. 2. A complete re -zoning that allows for the eventual phase -out of existing polluting industrial businesses, industrial businesses which retain hazardous materials on site, or industrial businesses that otherwise pose a threat to the health of residents. 3. Designates land for the development of active recreation space. 4. Improves walking and bicycling routes through the neighborhood. 5. Allows for the development of retail outlets that provide health)ating options. 6. Additionally, we recommend that portions of the Public Works and area be designated as active recreation area. We understand that these areas surrounding Paradise Creek must be balanced with adequate protection of wetland habitat. We defer to environmental experts on establishing appropriate protective measures. We thank you again for investing the time, resources, and political will in pushing this important plan forward. We believe National City is taking a great step towards improving the health and quality of life of its residents. Sincerely ICe,61a E/ 70s.e£L6/i1 /✓, 4(1 // 6' la, le- //). c,1 2/ 9 c) (6/9) 6y/•- 5?� Mayor Ron Morrison and Councilmembers City of National City 1243 National City Blvd National City, CA 91950 Dear Mayor Morrison and Councilmembers, As medical and health professionals, we would like to lend our support to your efforts to move forward a comprehensive plan to address health impacts related to land use in the Westside National City neighborhood. As it is currently drafted, the Westside Specific Plan will help to reduce toxic exposure amongst National City residents and facilitate the long-term re -location of industrial businesses to an appropriate industrial area. Furthermore, the plan includes important attributes that will increase recreation options for youth, improve pedestrian safety, and usher in businesses that provide healthy eating options. The Specific Plan is a strong statement of National City's commitment to preventive measures that respond to many of the region's principal health challenges. As medical and health professionals, we believe strongly that prevention is a critical and indispensable component of reducing endemic health issues such as asthma, obesity, diabetes, and cancer. Land use has increasingly become a focus in prevention, and we believe the Specific Plan is a model for how sound land use planning can lay the groundwork for healthy living. In arriving at our position of support for the Westside Specific Plan, we have considered the following existing conditions: 1. There are dozens of industrial, particularly auto -related, businesses in the Westside neighborhood which pose a direct threat to the health of residents. Many of these businesses store or release asbestos, lead, volatile organic compounds, isocyanates, solvents and fine particulates. These toxics have been associated with lung and respiratory diseases, cancer, reproductive illness, liver and nervous system damage, headaches, nausea, irritation and other health problems. While all people who are exposed to these toxics are at an increased risk, vulnerable populations bear the greatest increase in risk, namely infants and children, the elderly, and individuals with chronic health problems. While data is not collected on a neighborhood level, asthma hospitalization rates for National City as a whole are 24% higher than the county average. 2. Autobody and paint shops, of which there are over 10 in the Westside neighborhood, release a majority of the over 20,000 pounds of Toxic Air Contaminants released into the Westside neighborhood each year. 3. There are several industrial businesses within 500 feet of Kimball Elementary, which is the schoolsite for 387 children. Long-term exposure to the abovementioned contaminants can diminish the ability to learn and perform in school. 4. There is limited recreation space in a neighborhood that will very likely experience steep increases in density over the next 10 years. 5. There are unsafe pedestrian and bicycle routes in the Westside neighborhood. As it is currently drafted, the Specific Plan allows the City and stakeholders to set solutions to these problems into motion. We urge you to pass the Specific Plan in its current form, given that it wilt work to accomplish the following: 1. A complete re -zoning that places a ceiling on the number of industrial businesses that are allowed into the neighborhood. 2. A complete re -zoning that allows for the eventual phase -out of existing polluting industrial businesses, industrial businesses which retain hazardous materials on site, or industrial businesses that otherwise pose a threat to the health of residents. 3. Designates land for the development of active recreation space. 4. Improves walking and bicycling routes through the neighborhood. 5. Allows for the development of retail outlets that provide health�ating options. 6. Additionally, we recommend that portions of the Public Works and area be designated as active recreation area. We understand that these areas surrounding Paradise Creek must be balanced with adequate protection of wetland habitat. We defer to environmental experts on establishing appropriate protective measures. We thank you again for investing the time, resources, and political will in pushing this important plan forward. We believe National City is taking a great step towards improving the health and quality of life of its residents. Sincerely, ,a\r, \\A , i\AD (\f‘P--\ `;CSC c\rw oV M.e6LicAvi e Mayor Ron Morrison and Councilmembers City of National City 1243 National City Blvd National City, CA 91950 Dear Mayor Morrison and Councilmembers, As medical and health professionals, we would like to lend our support to your efforts to move forward a comprehensive plan to address health impacts related to land use in the Westside National City neighborhood. As it is currently drafted, the Westside Specific Plan will help to reduce toxic exposure amongst National City residents and facilitate the Tong -term re -location of industrial businesses to an appropriate industrial area. Furthermore, the plan includes important attributes that will increase recreation options for youth, improve pedestrian safety, and usher in businesses that provide healthy eating options. The Specific Plan is a strong statement of National City's commitment to preventive measures that respond to many of the region's principal health challenges. As medical and health professionals, we believe strongly that prevention is a critical and indispensable component of reducing endemic health issues such as asthma, obesity, diabetes, and cancer. Land use has increasingly become a focus in prevention, and we believe the Specific Plan is a model for how sound land use planning can lay the groundwork for healthy living. In arriving at our position of support for the Westside Specific Plan, we have considered the following existing conditions: 1. There are dozens of industrial, particularly auto -related, businesses in the Westside neighborhood which pose a direct threat to the health of residents. Many of these businesses store or release asbestos, lead, volatile organic compounds, isocyanates, solvents and fine particulates. These toxics have been associated with lung and heart diseases, cancer, reproductive illness, liver and nervous system aamage, headaches, nausea, irritation and other health problems. While all people who are exposed to these toxics are at an increased risk, vulnerable populations bear the greatest increase in risk, namely infants and children, the elderly, and individuals with chronic health problems. While data is not collected on a neighborhood level, asthma hospitalization rates for National City as a whole are 24% higher than the county average. 2. Autobody and paint shops, of which there are over 10 in the Westside neighborhood, release a majority of the over 20,000 pounds of Toxic Air Contaminants released into the Westside neighborhood each year. 3. There are several industrial businesses within 500 feet of Kimball Elementary, which is the schoolsite for 387 children. Long-term exposure to the abovementioned contaminants can diminish the ability to learn and perform in school. 4. There is limited recreation space in a neighborhood that will very likely experience steep increases in density over the next 10 years. 5. There are unsafe pedestrian and bicycle routes in the Westside neighborhood. As it is currently drafted, the Specific Plan allows the City and stakeholders to set solutions to these problems into motion. We urge you to pass the Specific Plan in its current form, given that it will work to accomplish the following: 1. A complete re -zoning that places a ceiling on the number of industrial businesses that are allowed into the neighborhood. 2. A complete re -zoning that allows for the eventual phase -out of existing polluting industrial businesses, industrial businesses which retain hazardous materials on site, or industrial businesses that otherwise pose a threat to the health of residents. 3. Designates land for the development of active recreation space. 4. Improves walking and bicycling routes through the neighborhood. 5. Allows for the development of retail outlets that provide health'eating options. 6. Additionally, we recommend that portions of the Public Works'Yard area be designated as active recreation area. We understand that these areas surrounding Paradise Creek must be balanced with adequate protection of wetland habitat. We defer to environmental experts on establishing appropriate protective measures. We thank you again for investing the time, resources, and political will in pushing this important plan forward. We believe National City is taking a great step towards improving the health and quality of life of its residents. Sincerely, 04). ataxic a ('a7-64,( z' Mayor Ron Morrison and Councilmembers City of National City 1243 Nationa I City Blvd National City, CA 91950 Dear Mayor Morrison and Councilmembers, As medical and Health professionals, we would like to lend our support to your efforts to move forward a comprehensive plan to address health impacts related to land use in the Westside National City neighborhood. As it is currently drafted, the Westside Specific Plan wi II help to reduce toxic exposure amongst National City residents and facilitate the for tg•term re -location of industrial businesses to an appropriate industrial area. Furthermore, the plan includes important attributes that will Increase: recreation optic ns for youth, improve pedestrian safety, and usher in businesses that provide healthy eating options. The Specific Pk I is a strong statement of National C►ty's commitment to preventive measures that 1,espond to many of the region's principal health challenges. As medical and health professionals, we believe strongly that prevention is a critical and indispensable component of reducing endemic health issues such as asthma, obesity, diabetes, and cancer. Land use has increasingly become a focus in prevention, and we believe the Specific Plan is a model for how sound land use planning ,ran lay the groundwork for healthy living. In arriving at our position of support for the Westside Specific Plan, we have considered the i'ollowing existing conditions: 1. There are dozens of industrial, particularly auto -related, businesses in the Westsidi:' neighborhood which pose a direct threat to the health of residents. Many of these businesses store or release asbestos, lead, volatile organic compounds, isocyanates, solvents and fine.particulates_ These toxics have been asociated with lung one heart diseases, cancer, reproductive illness, t,ver and nervous system carnage, headaches, nausea, irritation and other health problems. While all people who are exposed to these toxlcs are at an increased risk, vulnerable populations bear the greatest increase in risk, namely infants and children, the elderly, and individuals with chronic health problem:. While data is not collected on a neighborhood level, asthma hospital) ration rates for National City as a whole are 24% higher than the county .a ierage. 2. Autoboci,i and paint shops, of which there are over 10 in the 1Vestside neighbcrood, release a majority of the over 20,000 pounds of Toxic Air Contaminants released into the Westside neighborhood each year. 3. There ar! several industrial businesses within 500 feet of Kimball Elementary, which is the schoolsite for 387 children. Long-term exposure to the anovem frit.ioned contaminants can diminish the ability to learn and perform in school. 4. There is limited recreation space in a neighborhood that will very likely experier,,e steep increases in density over the next 10 years. 5. There are unsafe pedestrian and bicycle routes in the Westside neighborhood. As it is currently drafted, the Specific Plan allows the City and stakeholders to set solutions to these problems into motion. We urge you to pass the Specific Plan in its current: Form, given that it will work to accomplish the following: 1. A comphate re -zoning that places a ceiling on the number of industrial businesq,es that are allowed into the neighbomood. 2. A compete rezoning that allows for the eventual phase -out of existing I 0rsrll!:l '‘..uStvgrial busine in - I in which retain hazardous rn eri illsyn site, or indp ri I usinesses that Otherwise pose a threat tp the health l,±f residents. 3. Design;:it-es laird -far the-develOnme-nt-of-active-recreation soace. 4. impros ►volking and bicycling routes through the neighborhood. 5. Allows ''or the development of retail outlets �''► vi h Ith{g �LQns 6. Additionally, we recommend that portions of the Public Works -Yard area be design. ted as active recreation area. We understand that these areas surrounding Paradise Creek must be balanced with adequate protection of wetlancIl habitat. We defer to environmental experts on establishing appropriate protective measures. We thank you again for investing the time, resources, and political will in pushing th e important plan forward. We believe National City is taking a great step towards improving thr health and quality of life of its residents. Sincere'. Iy, ( /44 /-7/ L Mayor Ron Morrison ,and Councitmembers City of National City 1243 National • City Blvd National City, CA 91950 Dear Mayor Morrison and Councilmerrtbers, As medical and health professionals, we would like to lend ow Supporl . to your efforts to move forward a comprehensive plan to address health impacts reared to land use it ttte Westside National City neighborhood. As it is currently dratted,, the Westside Sr.>ecific Plan will help to reduce toxic exposure amongst National City residents and facilitate the long-term re -location of industrial businesses to an appro mate industrial area. Furthermore, the plan Includes Important attributes tat will increase recreation options for youth, improve pedestrian safety, and usher in businesses that provide healthy eating options. The Specific Plan is a strong statement of National City's commitment to preventive measures that respond to many of the regions principal health challenges. As medical and health professionals, we befleve strongly that preverrt3on Is a critical and indispensable component of reducing endemic .health issues such as a: hma, obesity, diabetes, and cancer. Land use has increasingly become a focus in prevention, and we believe the Specific Plan is a model for how sound land use planning can lay the groundwork for healthy living. In arriving at our position of support for the Westside Specific Plan, w;' have considered the following existing conditions: 1,. There are dozens of industrial, particularly auto -related, businesiies in the Westside neighborhood which pose a direct threat to the health of residents. Many of these businesses store or release asbestos, lead, volatile organic compounds, isocyanates, solvents and.fine.particulates. These ,oxics have been associated with lung and heart ,diseases, cancer, rep;oductive illness, liver and nervous system ()image, headaches, nausea, irritation and other health problems. While all people who are exposed to these toxics are at an increased risk, vulnerable populations bear the greatest increase in risk, namely infants and children, theelderly, and individuals with chronic health problems. While data ds not collected on a neighborhood level, i :;theta hospitalization rates for Natioral City as a whole are 24% hlghe than the county average. 2. Autobody and paint shops, of which there are over 10 in the V1estside neighborhood, release a majority of the over 2C,000 pounds of Toxic Air Contaminants released into the. Westside neighborhood each r ar. 3. There are several industrial businesses within 5Q0 feet of tcin'itilll Elementary, which is the schonlsite for 387 children. long-term exposure tip the abovementioned contaminants can diminish the ability to learn and perform in school. 4. There is lymited recreation space in a neighborhood that will very likely experience steep increases in density over the next 10 years, 5. There are unsafe pedestrian and bicycle routes in the Westsidee :neighborhood, As it is currently drafted, the Specific Plan allows the City and stakeholders to set solutions to these problems into motion. We urge you to .pass the. 'Specific Plan in its current form, given that it will work to acoompllsh the following: :. A complete re -zoning that places a ceiling on the number of int:it/Arial businesses that are allovwed into the neighborhood. 2. A complete re -zoning that allows for the eventual chase-outof a xisting Qolkuttno In llattaI blalagaZ, end aI us! it�3 retain hazardous materials on site, Of 10dustriai businesses that otherwise pose 51 threat to the health of residents. 3. Designates land for the development of active recreation spat. 4. improves walking and bicycling routes through the neighborha:id. 5. Allows for the development of re ii outlets that Provide health"+ at pg options. 6. Additionally, we recommend that portions of the Public Works 1';a:rd area be designated as active recreation area. We understand that thes:' areas surrounding Paradise Creek must be balanced with adequate pratection of wetland habitat. We defer to environmental experts on establ'e,hing appropriate protective measures. We thank you again for investing the time, resources, and political will In pushing this imoortant plan forward. We believe National City is taking a great step towards improving the health and quality of life of its residents. Sincerely, 4 pi. )Cc 1 FebrL.ary 23. 201n I� Mayor Ron Morrison and Councylmembers City of National City 1243 National City Blvd National rCity, CA 919S0 Dear Mayor Morrison and Gouncllmernbers, As medical and health professionals, we *fluid like to lend our support to your efforts to move forward acomprehensive plan to address health impacts related to land u'se in the Westside National City neighborhood, As it is currently drafted, the Westside Specific Plan will help to reduce toxic exposure amongst National City residents and facilitate the ling-terrn re -location of industrial businesses to an appropriate industrial area. Furthermore, the plan includes important attributes that will increase recruit{on options for youth, improve pedestrian safety, and usher in businesses that provide healthy eating options. The Specific Plan is a strong statement of National City's commitment to preventive measures that respond to many of the region's principal health challenges, As medical and health professionals, we believe strongly that prevention Is a critical and indispensable component of redudng endemic health issues such as asthma, obesity, diabetes, and cancer. Land use has increasingly become a focus in prevention, and we believe the Specific Plan is a muter for how sound land use planning can lay the groundwork for healthy living. In arriving at our position of support for the Westside Specific Plan, we have considered the following existing conditions: 1. There are dozens of industrial, particularly auto -related, businesses in th Westside neighborhood which pose dirett threat to me hearth of residents. Many of these businesses store or release asbestos„ lead, volatile organic compounds, isocyanates, solvents arrd..th a particulates. These toxic have been associated with lung and —Imam ,;diseases, cancer, reproductive illness, fiver and nervous systernr carnage, headaches, nausea, Irritation and other health problems. While all people who are exposed to these toxins are at an increased risk, vulnerable populations hear the greatest increase in risk, namely infant and children,, the elderly, and individuals with chronic_ health problems. While data is not collected on a neighborhood level, asthma hospitalization rates for National City as a whole are 24% higher than the county average. �cuo le: n� H. 10E61 F::(,E 0 3 0 2. Autobody and paint shops, of which there are over 1G it the Wes de neighborhood, release z majority of the over 20,OO 1 founds of Toxic Air Contaminants released into the Westside neighbo bood each year. 3. T ••cre ?.re several industrial business within Stir Feet of KIrrlbail Elementary, �9^hich is the schoclsite for 3$7 children. Lona-term exposure to the a bovernentioned contaminants can diminish the ability to ?earn and perform In school. 4, There is limited recreation space in a neighborhood that will very likely experience sleep increases in density over the next 10 years. 5. There are unsafe pedestrian and bicycle routes In the Westside neighborhood. As it is .currently drafted, the Specific Plan allovws theCity and stakeholders to set solutions to these problems into motion. We urge you to pass the •Specific Plan in its current form, given that it will work to accomplish the folfowingc 1. A completere-zoning that pjacgraseiling on her ralatof industfr al t . jaesses that are allowed into the neighborhood. 2. A complete re -zoning that allnyir3 for the vveltval_ph it_xp i;na a9.11. i.,i,h 153._00.iresses. insd,ustllr�J bu5incgrys wtaich r In ha. rcjnjs rl1P.NEWS_Qa5ite,_Qtjadggri4litlangOtglAtatt k0 tL 3. Designates land for the dd�l ment of atjiv� recreatiottspace� 4. Improves vsratingsnd tircyclji rQ through the neighborhood. 5. Allows fOr the development of Er4i1Sullelabolprovide he %Along,. 6. Additionally, we recommend that portions of the Public Works and area be designated as active recreation area. We understand that these areas surrounding Paradise Creek must be balanced wtth adequate protection of wetland habitat. We defer to environmental experts on establishing appropriate protective measures. We than you again for investing the time, resources, and political will in pushing this Important plan forward. We believe National City Is taking a great step towards rnproving the health and qu&tty of life of its residents. Sincerely, Q�- C Pk t ] LLn!:=, 1 Z o'rliga. Ph D Mayor Ron Morrison and Councilmembers City of National City 1243 National City Blvd National City, CA 91950 Dear Mayor Morrison and Councilmembers, As medical and health professionals, we would like to lend our support to your efforts to move forward a comprehensive plan to address health impacts related to land use in the Westside National City neighborhood. As it is currently drafted, the Westside Specific Plan will help to reduce toxic exposure amongst National City residents and facilitate the long-term re -location of industrial businesses to an appropriate industrial area. Furthermore, the plan includes important attributes that will increase recreation options for youth, improve pedestrian safety, and usher in businesses that provide healthy eating options. The Specific Plan is a strong statement of National City's commitment to preventive measures that respond to many of the region's principal health challenges. As medical and health professionals, we believe strongly that prevention is a critical and indispensable component of reducing endemic health issues such as asthma, obesity, diabetes, and cancer. Land use has increasingly become a focus in prevention, and we believe the Specific Plan is a model for how sound land use planning can lay the groundwork for healthy living. In arriving at our position of support for the Westside Specific Plan, we have considered the following existing conditions: 1. There are dozens of industrial, particularly auto -related, businesses in the Westside neighborhood which pose a direct threat to the health of residents. Many of these businesses store or release asbestos, lead, volatile organic compounds, isocyanates, solvents and fine particulates. These toxics have been associated with lung and respiratory diseases, cancer, reproductive illness, liver and nervous system damage, headaches, nausea, irritation and other health problems. While all people who are exposed to these toxics are at an increased risk, vulnerable populations bear the greatest increase in risk, namely infants and children, the elderly, and individuals with chronic health problems. While data is not collected on a neighborhood level, asthma hospitalization rates for National City as a whole are 24% higher than the county average. 2. Autobody and paint shops, of which there are over 10 in the Westside neighborhood, release a majority of the over 20,000 pounds of Toxic Air Contaminants released into the Westside neighborhood each year. 3. There are several industrial businesses within 500 feet of Kimball Elementary, which is the schoolsite for 387 children. Long-term exposure to the abovementioned contaminants can diminish the ability to learn and perform in school. 4. There is limited recreation space in a neighborhood that will very likely experience steep increases in density over the next 10 years. 5. There are unsafe pedestrian and bicycle routes in the Westside neighborhood. As it is currently drafted, the Specific Plan allows the City and stakeholders to set solutions to these problems into motion. We urge you to pass the Specific Plan in its current form, given that it will work to accomplish the following: 1. A complete re -zoning that places a ceiling on the number of industrial businesses that are allowed into the neighborhood. 2. A complete re -zoning that allows for the eventual phase -out of existing polluting industrial businesses, industrial businesses which retain hazardous materials on site, or industrial businesses that otherwise pose a threat to the health of residents. 3. Designates land for the development of active recreation space. 4. Improves walking and bicycling routes through the neighborhoof . 5. Allows for the development of retail outlets that provide healthating�options. 6. Additionally, we recommend that portions of the Public Works and area be designated as active recreation area. We understand that these areas surrounding Paradise Creek must be balanced with adequate protection of wetland habitat. We defer to environmental experts on establishing appropriate protective measures. We thank you again for investing the time, resources, and political will in pushing this important plan forward. We believe National City is taking a great step towards improving the health and quality of life of its residents. Sincerely, l U CAA Mayor Ron Morrison and Councilmembers City of National City 1243 National City Blvd National City, CA 91950 Dear Mayor Morrison and Councilmembers, As medical and health professionals, we would like to lend our support to your efforts to move forward a comprehensive plan to address health impacts related to land use in the Westside National City neighborhood. As it is currently drafted, the Westside Specific Plan will help to reduce toxic exposure amongst National City residents and facilitate the long-term re -location of industrial businesses to an appropriate industrial area. Furthermore, the plan includes important attributes that will increase recreation options for youth, improve pedestrian safety, and usher in businesses that provide healthy eating options. The Specific Plan is a strong statement of National City's commitment to preventive measures that respond to many of the region's principal health challenges. As medical and health professionals, we believe strongly that prevention is a critical and indispensable component of reducing endemic health issues such as asthma, obesity, diabetes, and cancer. Land use has increasingly become a focus in prevention, and we believe the Specific Plan is a model for how sound land use planning can lay the groundwork for healthy living. In arriving at our position of support for the Westside Specific Plan, we have considered the following existing conditions: 1. There are dozens of industrial, particularly auto -related, businesses in the Westside neighborhood which pose a direct threat to the health of residents. Many of these businesses store or release asbestos, lead, volatile organic compounds, isocyanates, solvents and fine particulates. These toxics have been associated with lung and respiratory diseases, cancer, reproductive illness, liver and nervous system damage, headaches, nausea, irritation and other health problems. While all people who are exposed to these toxics are at an increased risk, vulnerable populations bear the greatest increase in risk, namely infants and children, the elderly, and individuals with chronic health problems. While data is not collected on a neighborhood level, asthma hospitalization rates for National City as a whole are 24% higher than the county average. 2. Autobody and paint shops, of which there are over 10 in the Westside neighborhood, release a majority of the over 20,000 pounds of Toxic Air Contaminants released into the Westside neighborhood each year. 3. There are several industrial businesses within 500 feet of Kimball Elementary, which is the schoolsite for 387 children. Long-term exposure to the abovementioned contaminants can diminish the ability to learn and perform in school. 4. There is limited recreation space in a neighborhood that will very likely experience steep increases in density over the next 10 years. 5. There are unsafe pedestrian and bicycle routes in the Westside neighborhood. As it is currently drafted, the Specific Plan allows the City and stakeholders to set solutions to these problems into motion. We urge you to pass the Specific Plan in its current form, given that it will work to accomplish the following: 1. A complete re -zoning that places a ceiling on the number of industrial businesses that are allowed into the neighborhood. 2. A complete re -zoning that allows for the eventual phase -out of existing polluting industrial businesses, industrial businesses which retain hazardous materials on site, or industrial businesses that otherwise pose a threat to the health of residents. 3. Designates land for the development of active recreation space. 4. Improves walking and bicycling routes through the neighborhood. 5. Allows for the development of retail outlets that provide health�ating options. 6. Additionally, we recommend that portions of the Public Works Ward area be designated as active recreation area. We understand that these areas surrounding Paradise Creek must be balanced with adequate protection of wetland habitat. We defer to environmental experts on establishing appropriate protective measures. We thank you again for investing the time, resources, and political will in pushing this important plan forward. We believe National City is taking a great step towards improving the health and quality of life of its residents. Sincerely, Kati rt u Hd c is 15Soc`o le eri U 1'e S5o 12 Fv( kc�er� UCD Mayor Ron Morrison and Councilmembers City of National City 1243 National City Blvd National City, CA 91950 Re: Support for Westside Specific Plan and recommendations for revisions prior to adoption Dear Mayor Morrison and Councilmembers, The undersigned organizations and individuals would like to express strong support for the Westside, or "Old Tower', Specific Plan. V'e believe this document lays the foundation for transformational change in the Old Town neighborhood. While this change will not be immediate, the Specific Plan places the neighborhood on a path to revitalization, and insures that residents of Old Town and all of National City will be able to live a healthier, happier life. We are able to support the Specific Plan because it includes strong language calling for: Zoning which prohibits new polluting industrial uses and encourages the future re -location or removal of existing polluting businesses Explicit prohibition of industrial uses taking over residential parcels Separation between the freeway and new residential development adequate to buffer families from freeway pollution Development of community -serving businesses and new housing Improved walkability and pedestrian safety While there is much reason to applaud the Specific Plan, there are clear areas where revisions can be made to improve the plan before final adoption without requiring further environmental review, as follows: Official designation of the 10 acre Public Works Yard near the 246 St Trolley Station to be zoned as homes reserved for low-income families, Paradise Creek restoration area, and expansion of active recreation space At least a 75 foot natural habitat buffer between each side of Paradise Creek and the built environment to insure protection of water quality, floodplains, and wetland wildlife Limitation on heavy duty truck traffic and distribution activities We are pleased that this Mayor and Council have shown the leadership to advance long- awaited change in the Old Town neighborhood. This plan will improve health, increase economic vitality, enhance the City's image, protect unique natural resources, and usher in the kinds of development that will serve National City's residents for years to come. Old Town holds a special place in National City's history and future. We strongly encourage you to pass the Specific Plan in a timely manner so that the important work of implementation can begin. This plan is only as valuable as the action that follows its adoption, and we trust that you will do everything in your power to bring these changes to fruition. Mayor Ron Morrison and Councilmembers City of National City 1243 National City Blvd National City, CA 91950 Re: Support for Westside Specific Plan and recommendations for revisions prior to adoption Dear Mayor Mon-ison and Councilmembers, The undersigned organizations and individuals would like to express strong support for the Westside_ or "Old Town", Specific Plan. We believe this document lays the foundation for transformational change in the Old Town neighborhood. While this change will not be immediate, the Specific Plan places the neighborhood on a path to revitalization, and insures that residents of Old Town and all of National City will be able to live a healthier, happier life. We are able to support the Specific Plan because it includes strong language calling for: Zoning which prohibits new polluting industrial uses and encourages the future re -location or removal of existing polluting businesses ti Explicit prohibition of industrial uses taking over residential parcels Separation between the freeway and new residential development adequate to buffer families from freeway pollution Development of community -serving businesses and new housing -: Improved walkability and pedestrian safety While there is much reason to applaud the Specific Plan, there are clear areas where revisions can be made to improve the plan before final adoption without requiring further environmental review, as follows: Official designation of the 10 acre Public Works Yard near the 24th St Trolley Station to be zoned as homes reserved for low-income families, Paradise Creek restoration area, and expansion of active recreation space At least a 75 foot natural habitat buffer between each side of Paradise Creek and the built environment to insure protection of water quality, floodplains, and wetland wildlife Limitation on heavy duty truck traffic and distribution activities We are pleased that this Mayor and Council have shown the leadership to advance long- awaited change in the Old Town neighborhood. This plan will improve health, increase economic vitality, enhance the City's image. protect unique natural resources, and usher in the kinds of development that will serve National City's residents for years to come. Old Town holds a special place in National City's history and future. We strongly encourage you to pass the Specific Plan in a timely manner so that the important work of implementation can begin. This plan is onh' as valuable as the action that follows its adoption, and we trust that you will do everything in your power to bring these changes to fruition. Sincerely. [ 1,j ` -tu.- Mayor Ron Morrison and Councilmembers City of National City 1243 National City Blvd National City, CA 91950 Re: Support for Westside Specific Plan and recommendations for revisions prior to adoption Dear Mayor Morrison and Councilmembers. The undersigned organizations and individuals would like to express strong support for the Westside. or "Old Town", Specific Plan. We believe this document lays the foundation for transformational change in the Old Town neighborhood. While this change will not be immediate. the Specific Plan places the neighborhood on a path to revitalization, and insures that residents of Old Town and all of National City will be able to live a healthier, happier life. We are able to support the Specific Plan because it includes strong language calling for: Zoning which prohibits new polluting industrial uses and encourages the future re -location or removal of existing polluting businesses Explicit prohibition of industrial uses taking over residential parcels Separation between the freeway and new residential development adequate to buffer families from freeway pollution Development of community -serving businesses and new housing Improved walkability and pedestrian safety While there is much reason to applaud the Specific Plan. there are clear areas where revisions can be made to improve the plan before final adoption without requiring further environmental review, as follows: Official designation of the 10 acre Public Works Yard near the 24th St Trolley Station to be zoned as homes reserved for low-income families, Paradise Creek restoration area, and expansion of active recreation space At least a 75 foot natural habitat buffer between each side of Paradise Creek and the built environment to insure protection of water quality, floodplains, and wetland wildlife Limitation on heavy duty truck traffic and distribution activities We are pleased that this Mayor and Council have shown the leadership to advance long- awaited change in the Old Town neighborhood. This plan will .improve health, increase economic vitality, enhance the City's image. protect unique natural resources, and usher in the kinds of development that will serve National City's residents for years to come. Old Town holds a special place in National City's history and future. We strongly encourage you to pass the Specific Plan in a timely manner so that the important work of implementation can begin. This plan is only as valuable as the action that lollows its adoption, and we trust that you will do everything in your power to bring these changes to fruition. Sincerely, n Jr n rt � � Mayor Ron Morrison and Councilmembers City of National City 1243 National City Blvd National City, CA 91950 Re: Support for Westside Specific Plan and recommendations for revisions prior to adoption Dear Mayor Morrison and Councilmembers, The undersigned organizations and individuals would like to express strong support for the Westside. or "Old Town", Specific. Plan. We believe this document lays the foundation for transformational change in the Old Town neighborhood. While this change will not be immediate, the Specific Plan places the neighborhood on a path to revitalization, and insures that residents of Old Town and all of National City will be able to live a healthier, happier life. We are able to support the Specific Plan because it includes strong language calling for: Zoning which prohibits new polluting industrial uses and encourages the future re -location or removal of existing polluting businesses Explicit prohibition of industrial uses taking over residential parcels Separation between the freeway and new residential development adequate to buffer families from freeway pollution Development of community -serving businesses and new housing Improved walkability and pedestrian safety While there is much reason to applaud the Specific Plan, there are clear areas where revisions can be made to improve the plan before final adoption without requiring further environmental review_ as follows: Official designation of the 10 acre Public Works Yard near the 246 St Trolley Station to be zoned as homes reserved for low-income families, Paradise Creek restoration area, and expansion of active recreation space At least a 75 foot natural habitat buffer between each side of Paradise Creek and the built environment to insure protection of water quality, floodplains, and wetland wildlife Limitation on heavy duty truck traffic and distribution activities -We arc pleased that this Mayor and Council have shown the leadership to advance long- awaited change in the Old Town neighborhood. This plan will improve health, increase economic vitality, enhance the Citv's image, protect unique natural resources, and usher in the kinds of development that will serve National City's residents for years to come. Old Town holds a special place in National Citv's history and future. We strongly encourage you to pass the Specific Plan in a timely manner so that the important work of implementation can begin. This plan is only as valuable as the action that follows its adoption, and we trust that you will do everything in your power to bring these changes to fruition. Sincerely, Sii DILLC COASTKEEPER Sur fritter Foundation. San Diego Chapter onmenta' i. " Y. P'; oetutor San Diego Bay Council A Coatiiicn of San Diego environmental organizations dedicated to protection and restoration of San Diego's Coastal rater resources June 9, 2009 Mayor Ron Morrison and Councilmembers City of National City 1243 National City Blvd National City, CA 91950 via US Mail Re: Support for Westside Specific Plan and recommendations for revisions prior to adoption Dear Mayor Morrison and Councilmembers, The undersigned organizations and individuals would like to express strong support for the Westside, or "Old Town", Specific Plan. We believe this document lays the foundation for transformational change in the Old Town neighborhood. While this change will not be immediate, the Specific Plan places the neighborhood on a path to revitalization, and insures that residents of Old Town and all of National City will be able to live a healthier, happier life. We are able to support the Specific Plan because it includes strong language calling for: ® Zoning which prohibits new polluting industrial uses and encourages the future re -location or removal of existing polluting businesses • Explicit prohibition of industrial uses taking over residential parcels • Separation between the freeway and new residential development adequate to buffer families from freeway pollution • Development of community -serving businesses and new housing • Improved walkability and pedestrian safety While there is much reason to applaud the Specific Plan, there are dear areas where revisions can be made to improve the plan before final adoption without requiring further environmental review, as follows: • Official designation of the 10 acre Public Works Yard near the 24th St Trolley Station to be zoned as homes reserved for low-income families, Paradise Creek restoration area, and expansion of active recreation space • At least a 75 foot natural habitat buffer between each side of Paradise Creek and the built environment to insure protection of water quality, floodplains, and wetland wildlife • Limitation on heavy duty truck traffic and distribution activities We are pleased that this Mayor and Council have shown the leadership to advance Tong -awaited change in the Old Town neighborhood. This plan will improve health, increase economic vitality, enhance the City's image, protect unique natural resources, and usher in the kinds of development that will serve National City's residents for years to come. CAA 111E114 COASTKEEPER Surfrider Foundation San Diego Chapter n l m e '`rr3 n♦utlu San Diego Bay Council ODLia ws'/ sa rn A coalition of San Diego environmental organizations dedicated (o protection and restoration of San Diego's Coastal water resources. Old Town holds a special place in National City's history and future. We strongly encourage you to pass the Specific Plan in a timely manner so that the important work of implementation can begin. This plan is only as valuable as the action that follows its adoption, and we trust that you will do everything in your power to bring these changes to fruition. Sincerely, Nicole Capretz, Director Sustainable Energy and Clean Bay Environmental Health Coalition Bruce Reznik, Executive Director San Diego Coastkeeper (JAmes A. Peugfi, Conservation Chair San Diego Audubon Society S'Olt Harrison, Chairman Surfrider Foundation, San Diego Chapter Marco Gonza ez Interim Executive re Coastal Environmental Rights Foundation David Grubb North County Coastal Group San Diego Sierra Club Mayor Ron Morrison and Councilmembers City of National City, 1243 National City Blvd National City, CA 91950 Re: Support for Westside Specific Plan and recommendations for revisions prior to adoption Dear Mayor Morrison and Councilmembers, The undersigned organizations and individuals would like to express our support for the Westside, or "Old Town". Specific Plan. We believe this document lays the foundation for transformational change in the Old Town neighborhood. While this change will not be immediate, the Specific Plan places the neighborhood on a path to revitalization, and insures that residents of Old Town and all of National City will be able to live a healthier, happier life. We are able to support the Specific Plan because it includes strong language calling for: Zoning which prohibits new polluting industrial uses and allows for the future re -location or removal of existing polluting businesses Prohibition of polluting industrial uses from taking over residential parcels Separation between the freeway and new residential development adequate to buffer families from freeway pollution _`> Mixed -use corridors which permit community -serving businesses and new residential development Improved walkability and pedestrian safety along key corridors While there is much reason to applaud the Specific Plan, there are clear areas where revisions can be made to improve the plan before final adoption without requiring further environmental review, as follows: Official designation of the 10 acre Public Works Yard near the 24tt' St Trolley Station to be zoned as homes reserved for low-income families, Paradise Creek restoration area, and expansion of active recreation space A 75 foot buffer between Paradise Creek and the built environment to insure protection of unique bird habitat Limitation on truck traffic and distribution activities We are pleased that this Mayor and Council have shown the leadership to advance long-awaited change in the Old Town neighborhood. This plan will improve health, increase economic vitality, enhance the City's image, protect unique natural resources, and usher in the kinds of development that will serve National City's residents for years to come. Old Town holds a special place in National City's history and future. We strongly encourage you to pass the Specific Plan in a timely manner so that the important work of implementation can begin. This plan is only as valuable as the action that follows its adoption. Sincerely: -the Nifta v fk1, Suit, 6O it D otrj 2 )an ,1,Ji !� Mayor Ron Morrison and Councilmembers City of National City 1243 National City Blvd National City, CA 91950 Re: Support for Westside Specific Plan and recommendations for revisions prior to adoption Dear Mayor Morrison and Councilmemhers, The undersigned organizations and individuals would like to express strong support for the Westside. or "Old Town", Specific Plan. We believe this document lays the foundation for transformational change in the Old Town neighborhood. While this change will not be immediate, the Specific Plan places the neighborhood on a path to revitalization, and insures that residents of Old Town and all of National City will he able to live a healthier, happier life. We are able to support the Specific Plan because it includes strong language calling for: t. Zoning which prohibits new polluting industrial uses and encourages the future re -location or removal of existing polluting businesses Explicit prohibition of industrial uses taking over residential parcels Separation between the freeway and new residential development adequate to buffer families from freeway pollution Development of community -serving businesses and new housing Improved walkability and pedestrian safety While there is much reason to applaud the Specific Plan, there arc clear areas where revisions can be made to improve the plan before final adoption without requiring further environmental review, as follows: Official designation of the 10 acre Public Works Yard near the 24th St Trolley Station to be zoned as homes reserved for low-income families, Paradise Creek restoration area, and expansion of active recreation space At least a 75 foot natural habitat buffer between each side of Paradise Creek and the built environment to insure protection of water quality, floodplains, and wetland wildlife Limitation on heavy duty truck traffic and distribution activities We are pleased that this Mayor and Council have shown the leadership to advance long- awaited change in the Old Town neighborhood. This plan will improve health, increase economic vitalit}', enhance the City's image, protect unique natural resources, and usher in the kinds of development that will serve National City's residents for years to come. Old Town holds a special place in National City's history and future. We strongly encourage you to pass the Specific Plan in a timely manner so that the important work of implementation can begin. This plan is only as valuable as the action that follows its adoption, and we trust that you will do everything in your power to bring these changes to fruition. Sincerely, Nat 1"1 G TAO- avQ r-ccA`ta-t;aVl Pc.1V1a-cy 13o0(r Mayor Ron Morrison and Councilmembers City of National City 1243 National City Blvd National City, CA 91950 Re: Support for Westside Specific Plan and recommendations for revisions prior to adoption Dear Mayor Morrison and Councilmembers, The undersigned organizations and individuals would like to express strong support for the Westside, or "Old Town", Specific Plan. We believe this document lays the foundation for transformational change in the Old Town neighborhood. While this change will not be immediate, the Specific Plan places the neighborhood on a path to revitalization, and insures that residents of Old Town and all of National City will be able to live a healthier, happier life. We are able to support the Specific Plan because it includes strong language calling for: tS Zoning which prohibits new polluting industrial uses and encourages the future re -location or removal of existing polluting businesses Explicit prohibition of industrial uses taking over residential parcels t Separation between the freeway and new residential development adequate to buffer families from freeway pollution t Development of community -serving businesses and new housing Improved walkability and pedestrian safety While there is much reason to applaud the Specific Plan, there are clear areas where revisions can be made to improve the plan before final adoption without requiring further environmental review, as follows: Official designation of the 10 acre Public Works Yard near the 24th St Trolley Station to be zoned as homes reserved for low-income families, Paradise Creek restoration area, and expansion of active recreation space At least a 75 foot natural habitat buffer between each side of Paradise Creek and the built environment to insure protection of water quality, floodplains, and wetland wildlife Limitation on heavy duty truck traffic and distribution activities We are pleased that this Mayor and Council have shown the leadership to advance long- awaited change in the Old Town neighborhood. This plan will improve health, increase economic vitality, enhance the City's image, protect unique natural resources, and usher in the kinds of development that will serve National City's residents for years to come. Old Town holds a special place in National City's history and future. We strongly encourage you to pass the Specific Plan in a timely manner so that the important work of implementation can begin. This plan is only as valuable as the action that follows its adoption, and we trust that you will do everything in your power to bring these changes to fruition. Sincerely, ID 11T 011 o eyelaiion S RECEIVFD JUN 22 2009 Mayor Ron Morrison and Councilmembers City of National City 1243 National City Blvd National City, CA 91950 Re: Support for Westside Specific Plan and recommendations for revisions prior to adoption Dear Mayor Morrison and Councilmembers, The undersigned organizations and individuals would like to express strong support for the Westside, or "Old Town", Specific Plan. We believe this document lays the foundation for transformational change in the Old Town neighborhood. While this change will not be immediate, the Specific Plan places the neighborhood on a path to revitalization, and insures that residents of Old Town and all of National City will be able to live a healthier, happier life. We are able to support the Specific Plan because it includes strong language calling for: Zoning which prohibits new polluting industrial uses and encourages the future re -location or removal of existing polluting businesses Explicit prohibition of industrial uses taking over residential parcels Separation betvvecn the freeway and new residential development adequate to buffer families from freeway pollution Development of community -serving businesses and new housing Improved walkability and pedestrian safety While there is much reason to applaud the Specific Plan, there are clear areas where revisions can be made to improve the plan before final adoption without requiring further environmental review, as follows: Official designation of the 10 acre Public Works Yard near the 24 h St Trolley Station to be zoned as homes reserved for low-income families, Paradise Creek restoration area, and expansion of active recreation space At least a 75 foot natural habitat buffer between each side of Paradise Creek and the built environment to insure protection of water quality, floodplains, and wetland wildlife Limitation on heavy duty truck traffic and distribution activities We are pleased that this Mayor and Council have shown the leadership to advance long- awaited change in the Old Town neighborhood. This plan will improve health, increase economic vitality, enhance the City's image, protect unique natural resources, and usher in the kinds of development that will serve National City's residents for years to come. Old Town holds a special place in National City's history and future. We strongly encourage you to pass the Specific Plan in a timely manner so that the important work of implementation can begin. This plan is only as valuable as the action that follows its adoption, and we trust that you will do everything in your power to bring these changes to fruition. Sincerely, i1f(1�rnt 1 2 3 4 5 6 7 8 9 N� 111111111u11u11uuuuuuhuuu 10 Save Our Heritage Organisation Fotwo Szln DieT,o Ri11.11, ,1:,t] H[i uiii N.,iit.)1)i ii in N..t!itirt),11 Ei) 1ork. LTD.: 1ijLiIt • :uln•ck.11 t Frordi.. ;And thu k.iIrth.111 7i)c PHI si '4111 Inc hi...LH .A1 oitkii in hc 11111“: iiC C:NilklieC 111Cil 1.11) ILI \A:11>On 11C1) 111C NiOni!2,1i-IP._71::, cv I)Ui 1113(iii01 A.1)(t flj liCre u11(1V, 01)i2 111:: >moll tf.) thc rear 111:1\k. sind iIc 111ICC Lirge inlik)V, ha% C !leen Chdn" CIA 1,1 ri 1114:10Y, ind Ind"?. .101H1L: 1).r, 110_11 kfl c •.L.111 :•••ChCtOn101!;--,.. 1Ch ,J3)(i illic ( N ( .11)::C WW1 „Int.! 1,...1113i.L111 111)1i iii! -',111 i".n„ Jr.?til IJt I ill. 11 , - - „ ' - , - - - - "-- Terine. National it Victorian Cottage c. 1869-18-7,2 1507 ifardin, A:venlig, National City Queen Arinf. Cottage adee9 C»1 1607 ilardi RQGn1(' c l880 Teel, National • r/:. . :�va -- -4,-w< x« # % lees & 16.1) H•dmg !£« ,Nation? rtv R96#«r c !G@? lace Harding Tvenuc, Na Victorian Vernacular m 1869-i8?e J9 Hir AodncCoRz3c c 1870 elan % yadmy|Cit i713 Coolidge Avenue, Nati Quee!Anne ( ttage c 1880 1.335 Hoover Victorian Vernacular 1405 & 11-07 Hoover Avenue, National City Italianate c 188(1 .44 , J.516 Fioovcr Avenue, National City Oueen tag: 14 £1 R oosevdf Avenue, 9ati oegei Carlin Auto Court (Ti aftsman c 1920 t 34.0#oosevd(&vwmG Na ftsmaa 1238 r:eveI Simplified Gothic c. 18 r() 1(212 Roosevelt 3<veni te.. National False Front Commercial F uiIdin is 190 ; C. JSf 9- 7ece Coolidge 4+ ,I t iial Coy -Vernacular 87g Ted Co o. mete 3 mm Co Rage c 19m; 1206 Coolidr c, Stick Eastlake c.1790 32612,�p' St-i•e =t, Natior/al City, 4. 7rcci{J Revival .. Eucalyptus Trees on Wilson Avenue Planted by Flora If�snuall COAST LA% GROti su March 1, 2010 Peggy Chapin Principal Planner 1243 National City Boulevard National City CA 91950 1140 S. Coast HWY 101 Encinitas, CA 92024 760-942-8505 760-942-8515 Via Electronic Mail pchapin@nationalcityca.gov Re: Environmental Health Coalition Supplemental Comments Final Environmental Impact Report and Draft Westside Specific Plan Dear Ms. Chapin: Please accept these supplemental comments on behalf of our client, Environmental Health Coalition (EHC), a 30-year old environmental and social justice organization based in Old Town, National City. EHC believes that everyone has a right to live, work, and play in a safe, clean, and healthy environment. As a community -based organization, EHC has over 200 members in the Old Town neighborhood and 3,000 county -wide. Since the first public meeting for the Westside Specific Plan Update in February 2005, EHC has been deeply engaged in rai sing awareness about the community's concerns, stimulating community involvement, and supporting a community -visioning process that helped form the current draft of the Westside Specific Plan. After reviewing the Final Environmental Impact Report ("FEIR") EHC has the following comments for consideration by the Planning Commission. I. The WSP is Consistent with SB 375 Goals In response to the Old Town National City Smart Growth Coalition ("Coalition") comment, the FEIR correctly points out the WSP is consistent with the goals of SB 375.1 Moreover, the WSP does not use SB 375 exemptions to CEQA. Rather, the FEIR analyzes all potential impact areas and mitigates any significant impacts as required.2 EHC would like fo add further clarification, however, that the WSP does not in fact downzone large portions of the plan, as asserted by the Coalition.3 Rather, the WSP increases density, and the zoning changes contemplated within the WSP therefore meet the SB 375 goals. II. The WSP and City's Amortization Ordinance will Phase Out Incompatible Industrial Uses FEIR, Response to Comments, p. 2-94, Comment K-13 Response 2 Neither the MPO nor CARB have set emission reduction targets required under SB 375 by September 30, 2010. 3 FEIR, Response to Comments, p. 2-89, Comment K-13. EHC Supplementary Comment Letter March 1, 2010 Page 2 Although the FE IR points out the WS P and City's Municipal Code will amortize auto body businesses that currently pose a health risk to nearby residents, the WSP will also relocate other industrial uses currently negatively impacting air quality, posing a hazard to the environment and residents, and otherwise posi ng a health risk to residents of Old Town. Therefore, the FEIR should clarify the WSP and amortization ordinance will relocate industrial uses in general, not just auto body uses.' III. The Responses to EHC Comments is Misnumbered It appears the responses to EHC Comments are mislabeled starting with page 2-67 in Responses to Comments: • Response F-19 should be Response to Com merit G-19. • Response to Comment G-25 should be Response to Comment G-23. • Response to Comment G-26 should be Response to Comment G-24. • Response to Comment G-27 should be Response to Comment G-25. • Response to Comment G-28 should be Response to Comment G-26. • The text for current Response to Comment G-33 should be the Response G-30. • The text for current Response to Comment G-34 should be the Response G-32. • Response to Comment G-35 should be Response to Comment G-33. • Response to Comment G-36 should be Response to Comment G-34. • Response to Comment G-37 should be Response to Comment G-35. • Response to Comment G-38 should be Response to Comment G-36. • Response to Comment G-39 should be Response to Comment G-37. to Comment to Comment Comments G-27 and G-28 seem to have been skipped in the responses as a result of the misnumbering. However, the response to Comment A-1 and A-4 to A-9 address these comments. IV. Final EIR Edits to Executive Summary Require Updates for Air Quality Because page 7-4 of the Alternatives section has been edited to clarify the "impacts on air quality under the No Project Alternative would be greater compared to the proposed project because of the continuation of existi ng source pollutions and heavy truck traffic",5 Table ES-1, Matrix of Significant Impacts and Mitigation Measures should be appropriately updated to reflect the No Project Alternative is not an alternative "that may reduce impacts" to air quality.6 ' FEIR p. 2-61, Response to Comment G-2; p. 2-64, Response to Comment G-4; p. 2-63, Response to Comment G-8; p. 2-64, Response to Comment G-11; p. 3-22, Modification to p. 3.2-44; p. 3- 24, Modification to p. 3.2-50. 5 FEIR, p. 3-46-47. 6 FEIR, p. 3.2, 3-3, 3-6; DEIR p. ES-8-ES-11. EHC Supplementary Comment Letter March 1, 2010 Page 3 We thank the City for addressing our comments in the FE IR. We hope the Planning Commission and the City consider EHC's additional comments above and incorporate the suggested changes into the F EIR. EHC looks forward to its continued support of the WSP and FEIR_ Please feel free to contact me should you have any suggestions. Sincerely, COAST LAW GROl1P LLP Marco A. Gonzalez Attorney for Environmental Health Coalition CC: Clients February 27, 2010 Planning Commission City of National City 1243 National City Blvd National City, CA 91950 Re: Public Comment -Support for Westside Specific Plan and recommendations for revisions prior to adoption Deer Planning Commissioners, First, 1 would like apol ogi ze for not being able to attend and make public comment in person at this very important Planning Commission meeting on Monday, Mach 1, 2010.1 had full intentions of attending this meeting, but as you read this public comment I find my self in Los Angeles, Cal iforni a attendi ng a last minute, 40 Hour Training rektui remits for one of the prograns I administer at South Bay Community Service. 1 have had the pleasure of meeting aid working with most of the planning commission aid city staff, with exception of Planning Commissioner Mr. Alfredo Ferias, I look forwad to meeting aid working along side with all planing commissioners. As you know, I have alwaysworked to improve the Quality of Life of residents in National City as it related to public health perspective. Some of my past i nvol vemrents have been Reducing Alcohol Outlet Density, Responsible Beverage Training, Street lighting, Signal Lights, Stop Signs, Translation services, Zoning for alcohol outlets, Safe Routes to schools, etc. I an respectfully, taking this opportunity to express my support for the successful passage of the Wests de Specific plan with a few recommendations prior to adoption. I bel i eve this document lays the foundati on for traisformetional change in National City Old Town neighborhood. While these chaiges will not be i mmedi ate, the Specific PI an pl aces the neighborhood on a path to revitalization, and insures that residents l i ve a healthier, happier life, while ensuring we keep certain characteristics and traditional val ues i mportait to us residents I support the Specific Plan because every resident deserves the right to live in an area free of toxins. This plan prohibits new polluting industrial uses aid re -location or removal of existing gross polluting busincss, prohibitsindustriai usestaking over residential pacels, Separation between the freeway aid new residential development will reduce pol I uti on for fani I i es l i vi ng in the aea, new housing and it improves wal kabi I i ty aid pedestri ai safety. Whereas at hand, there is a great deal of reasons to adopt the Specific Ran, 1 courteously suggest anendi ng the plan to include the fol I owi ng recommendation gore fi nal adoption. Respectful l y, please accept my recommendations as fol I ows: • Set funds asi de from developer fees for Green Areas (i.e.Paks, pocket perk, dog perks, etc.). • Designation of the Public Works Yard located by 24th St. Trolley Station to be zoned as residential homes reserved for low-i ncome fami l i es. Paradise Creek restorati on area and a pansi on of active recreation space At least a 75-100 foot natural habitat buffer between each side of Paadise Creek and the built environment to i nsure protection of water quality, f l oodpl ai ns, aid wetland wildlife. Limitation on heavy duty truck traffic and distribution activities (designated truck routes). • Create an I mpl ementati on Committee to beat the table to provide i night before devel opi ng plats. Fi naf I y, I would like to acknowledge the I eadershi p to advance long-awaited charge in the Old Town neighborhood. The plai will improve health, increase economic vitality, enhance the City' s image, protect unique natural resources, and guide in the developmeni that will save Nations! Ci ty' s residents for years to come. 1 encourage you to pass the Specific Plan, so we can begin revitalizing National City and bring these changes to realization. would like to thank you for your time and commitment to setting high standards in the city. Please take recommendations into consideration as this will ensure the highest level of quat ity 1 ife as it ref aces to public safety If you would like additiand information or have any questions, please feel free to contact meat (619) 869-6652 or via a -mail- fIopezra .orq. Respectfully, 7 raik Lopet CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 16, 2010 AGENDA ITEM NO. 20 EM TITLE: An Interim Ordinance of the City Council of the City of National City adopted pursuant to Government Code Section 65858 as an Urgency Measure to take effect immediately, enacting a Moratorium prohibiting the issuance of massage technician permits and prohibiting new massage establishments from locating within the City of National City PREPARED BY: Jodi L. Doucette' PHONE: 336-4412 EXPLANATION: DEPARTMENT: City Attorney APPROVED BY: Please see attached memorandum. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: X Finance MIS STAFF RECOMMENDATION: Adopt proposed Ordinance. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: norandum Firoposed Ordinance CALIFORNIA" Mayor Ron Morrison Council Members Frank Parra Alejandra Sotelo-Solis Jess Van Deventer Rosalie Zarate Office of the City Attorney City Attorney George H. Eiser, III Senior Assistant City Attorney Claudia Gacitua Silva Senior Assistant City Attorney Jodi L. Doucette Risk Manager Ashley K. Fenton TO: Mayor and City Council DATE: March 16. 2010 FROM: Jodi L. Doucette, Senior Assistant City Attorney SUBJECT: Interim Ordinance to Adopt as an Urgency Measure a Moratorium Prohibiting Issuance of Massage Technician Permits and New Massage Establishments from Locating within the City of National City INTRODUCTION The State of California's regulation of massage technician and massage establishment permits is in a state of flux. A new State law was passed in 2009 that conflicted with the City's current regulatory ordinance. In the course of redrafting the City's current ordinance to comply with the newly enacted State law, a new bill was introduced into the State legislature this past month that would reverse the 2009 State law. Accordingly, a moratorium on the location of new massage establishments in the city is advisable until status of the State law is settled. DISCUSSION National City Municipal Code Chapter 10.79 currently provides for the permitting of massage technicians and massage establishments. Specifically, Section 10.79.050 requires a massage technician to apply to the City for a technician permit. The requirements for the application for the permit are set forth in Section 10.79.060. Additionally, zoning restrictions pertaining to massage establishments are found in Chapter 18.69 of the Municipal Code, where such establishments are designated as "adult -oriented businesses". California Business and Professions Code section 4600 et seq., (hereinafter "2009 Act") was enacted in January 2009 through urgency legislation. It was the intent of the 2009 Act to create a voluntary certification program for the massage therapy profession that would enable consumers to easily identify credible certified massage therapists; assure that certified massage therapists have completed sufficient training at approved schools; phase in increased education and training standards consistent with other states; assure that massage therapy can no longer be used as a subterfuge to violate subdivisions (a) or (b) of Section 647 of the Penal Code (prohibiting lewd conduct and prostitution); and to establish the Massage Therapy Organization as a self -funded nonprofit oversight body to approve certification and education requirements for massage therapists. 1243 National City Boulevard; National City, -California 91950-4301 Tel.: (619) 336.4220 Fax: (619) 336.4327 The 2009 Act, among other provisions, states that a city shall not enact an ordinance that requires a license, permit, or other authorization to practice massage by an individual who is certified pursuant to the Act, and who is practicing consistent with the qualifications established by his or her certification. Further, no provision of any ordinance enacted by a city that is in effect before the effective date of the 2009 Act that required a license, permit, or other authorization to practice massage, may be enforced against an individual who is certified pursuant to the Act. Accordingly, National City Municipal Code Section 10.79 contains portions that are inconsistent with the 2009 Act. Primarily, National City Municipal Code Section 10.79.050 (massage technician permit) and 10.79.060 (application information) cannot be enforced due to the enactment of the 2009 Act. As to the City's ability to regulate massage establishments through zoning and business licenses, the 2009 Act stated that nothing in the Act should be interpreted to prevent a city from adopting or enforcing any local ordinance governing zoning, business licensing, and reasonable health and safety requirements for massage establishments or businesses. "Nothing in this sectionshall prohibit a city, county, or city and county from adopting land use and zoning requirements applicable to massage establishments or businesses, provided that these requirements shall be no different than the requirements that are uniformly applied to other professional or personal services businesses." (Bus. Prof. § 4612(b)(4).) "A city, county, or city and county may adopt reasonable health and safety requirements with respect to massage establishments or businesses, including, but not limited to, requirements for cleanliness of massage rooms, towels and linens, and reasonable attire and personal hygiene requirements for persons providing massage services, provided that nothing in this paragraph shall be interpreted to authorize adoption of local ordinances that impose additional qualifications, such as medical examinations, background checks, or other criteria, upon any person certified pursuant to this chapter." (Bus. Prof. § 4612(b)(6).) The 2009 Act attempts to clarify that it does not apply to any massage establishment or business that employs or uses persons to provide massage services who are not certified pursuant to the Act. (Bus. Prof. § 4612(a)(3).) Subsequently, in May 2009, the state legislature adopted more regulations in this area. The State law changes effective in late May 2009, provided cities with more latitude in their permit requirements as to business licenses for massage establishments. (Gov. § 51030 et seq.). The more recent legislation states that a city ordinance: "may condition the issuance of a license to engage in the business of massage upon proof that a massage business meets the reasonable standards set by the ordinance, which may include, but need not be limited to, the following areas: (a) Age of massage personnel. (b) Education and experience of massage personnel. (c) Passage by massage personnel of a practical examination of competence. (d) Sanitary conditions of the massage establishment. (e) Hours of operation of the massage business. 2 Massage Moratorium March 16 2010 (f) Prohibition of the sale or serving of food or beverage or the conducting of non -massage business on the premises of the massage business. In the event that the business premises in which such massage business is conducted possesses or is qualified to possess a certificate of occupancy issued by such city or county, the prohibition of this subdivision shall apply only to the portion of the premises exclusively devoted to the conduct of the massage business." This new addition to the State law proved to be very confusing as it related to the changes made by the original 2009 Act, and many cities have expressed difficulties in reconciling these two State law changes in the area. Upon a review of the National City Municipal Code after the 2009 State legislation, it was determined that amendments to the Municipal Code are necessary for it to be consistent with that legislation. In the midst of our preparing and finalizing changes to the City's massage ordinance, the State legislature proposed further changes to the State law in this area. The proposed language was introduced in February 2010, by the State Assembly as urgency legislation, and seeks to amend Section 4600 et seq. of the Business and Professions Code, adopted in 2009, and Penal Code § 647.15. AB 1822 proposes to effectively change the state law back to its pre-2009 status, whereby cities were able to permit and certify massage technicians. It would transfer back to cities and counties the authority to regulate the massage industry, rather than the Massage Therapy Organization, as under the current state law. The City's current regulation of massage technicians and establishments in Municipal Code Section 10.79 is currently inconsistent with existing State law, and needs to be updated. However, given the multitude of confusing and apparently conflicting provisions in the State law for the regulation of massage technicians and massage establishments, and the current proposal to change it yet again, it is recommended that the City not yet amend its ordinance until the current inconsistencies in State law are resolved, and the final outcome of regulation in this area is settled. Toward this end, it is further recommended that the City Council enact an urgency ordinance, to take effect immediately, prohibiting the issuance of massage technician permits and prohibiting new massage establishments from locating within the city. Statutory Authority for Interim Ordinance Section 65858 of the California Government Code authorizes a city, in order to protect the public health, safety, and welfare, and without following the procedures otherwise required, to adopt as an urgency measure to take effect immediately as an interim ordinance, prohibiting any uses that may be in conflict with a zoning proposal that the legislative body, planning commission, or the planning department is considering or studying or intends to study within a reasonable time. The initial period that the interim ordinance remains in effect is 45 days. After a public hearing, the interim ordinance may be extended for additional periods of 10 months and 15 days, and subsequently for one year. A fourth -fifths vote of the City Council is required to pass the ordinance in each case. 3 Massage Moratorium March 16, 2010. Enactment of an urgency interim ordinance prohibiting issuance of massage technician permits, and prohibiting new massage establishments from locating in National City is recommended, in order to allow State law in this area of regulation to become settled. Once this has occurred, it will be recommended that the provisions of the Municipal Code regulating massage establishments and technicians be amended to conform to State law. A valid ordinance regulating massage establishments and massage technicians is necessary to protect the public health, safety, and welfare, in that such an ordinance will ensure that the business of massage is operated in a clean and sanitary manner, and in such a way that problems with prostitution and lewd conduct do not arise. CONCLUSION It is recommended that the City Council enact a moratorium ordinance prohibiting the issuance of massage technician permits as well as the location of new massage establishments. Jodi II. Doucette, Se_r Assistant City Attorney 4 Massage Moratorium March-16, 2040 ORDINANCE NO. 2010 — 2332 AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTED PURSUANT TO GOVERNMENT CODE SECTION 65858 AS AN URGENCY MEASURE TO TAKE EFFECT IMMEDIATELY, ENACTING A MORATORIUM PROHIBITING THE ISSUANCE OF MASSAGE TECHNICIAN PERMITS AND PROHIBITING NEW MASSAGE ESTABLISHMENTS FROM LOCATING WITHIN THE CITY OF NATIONAL CITY WHEREAS, Chapter 10.79 of the National City Municipal Code provides for the establishment and permitting of massage businesses and massage technicians within the city, with the Finance and the Police Departments being authorized to process and administer the permits; and WHEREAS, Section 10.79.050 of the Municipal Code specifically requires a massage technician to apply to the City of National City for a technician permit. The requirements for the application for the permit are set forth in Section 10.79.060; and WHEREAS, zoning restrictions pertaining to massage establishments within the city are located in Chapter 18.69 of the Municipal Code, where such establishments are designated as "adult -oriented businesses"; and WHEREAS, in January 2009, the California Business and Professions Code Sections 4600 et seq., were enacted by urgency legislation that states that a city shall not enact an ordinance that requires a license, permit, or other authorization to practice massage by an individual who is certified pursuant to State law and who is practicing consistent with the qualifications established by his or her certification. It further states that no provision of any ordinance enacted by a city that is in effect before the effective date of the 2009 State legislation that required a license, permit, or other authorization to practice massage, may be enforced against an individual who is certified pursuant this State law: and WHEREAS, due to the 2009 amendment to State law, National City Municipal Code Section 10.79 became, in part, inconsistent with State law as to massage technician permits; and WHEREAS, in May of 2009, the State again adopted new legislation pertaining to massage establishments and the ability of cities to regulate and enforce their requirements upon them; and WHEREAS, City staff was in the process of amending Chapter 10.79 of the National City Municipal Code to conform with the first amendment to State law, when the second amendment to State law went into effect; and WHEREAS, City staff was again in the process of drafting an amendment to Chapter 10.79 of the Municipal Code to conform with the first and second 2009 amendments to State law, when it was discovered that yet a third amendment to State law had been proposed by urgency legislation in the State Assembly in February, 2010, which amendment is significant; and Ordinance No. 2010 - 2332 1 Massage Establishment Moratorium WHEREAS, the City Council finds it necessary and appropriate to review and consider the provisions of the proposed urgency legislation pertaining to massage establishments and technicians introduced in February of this year by the State Assembly; and WHEREAS, a valid ordinance regulating massage establishments and massage technicians is necessary to protect the public health, safety, and welfare, in that such an ordinance will ensure that to the greatest extent possible, massage businesses will be conducted in a clean and sanitary manner, and in such a way that the operation of such businesses does not involve prostitution and lewd conduct; and WHEREAS, the City Council finds that there is a current and immediate threat to the public health, safety, and welfare of the city and its residents resulting from the absence of a local ordinance that follows the State mandates relating to massage establishments and technicians, and that the location of such establishments and the issuance of permits and other entitlements for such establishments would result in a threat to the public health, safety, and welfare if such an ordinance were to be found invalid; and WHEREAS, the City Council finds it essential to protect the health, safety, and welfare of the citizens of the City of National City to enact a moratorium for a period of 45 days on the issuance of massage technician permits and on the locating of, development, or approval of permits for massage establishments; and WHEREAS, the City Council intends to adopt, after appropriate study and legislative review, an ordinance that would apply throughout the city for the proper regulation of massage establishments and technicians as soon as practicable, and directs the City Attorney's Office to commence the review necessary for the adoption of such proper regulations. NOW, THEREFORE, the City Council of the City of National City does ordain as follows: Section 1. For a period of 45 days from the effective date of this Ordinance, no massage technician permit shall be issued, no massage establishment not currently existing within the city shall be located within the city; no building permit, certificate of occupancy, establishment permit, business license, nor permit or entitlement for a massage establishment shall be issued; no construction shall take place relating to a massage establishment; and no construction shall take place within the city relating to the location, development, or approval of any massage establishment. Section 2. This Ordinance is adopted as an urgency ordinance necessary for the immediate preservation of the public health, safety, and welfare within the meaning of the Government Code, and shall take effect immediately. Section 3. If any portion of this Ordinance is found to be invalid, it is the intention of the City Council that the remaining valid provisions of the Ordinance be severed from the invalid provisions and remain in full force and effect. --- Signature Page to Follow --- Ordinance No. 2010 - 2332 2 Massage Establishment Moratorium PASSED and ADOPTED this 16th day of March, 2010. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Ordinance No. 2010 - 2332 3 Massage Establishment Moratorium CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT TING DATE: March 16, 2010 _ AGENDA ITEM NO.21 ITEM TITLE: An Ordinance of the City Council of the City of National City amending Subsections T and V of Section 2.01.020 of the National City Municipal Code pertaining to the Powers and Duties of the City Manager PREPARED BY: George H. Eiser, III O4 DEPARTMENT: City Attorney APPROVED BY: fail PHONE: Ext. 4221 EXPLANATION: Please see attached memorandum. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: N/A X FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt Ordinance BOARD / COMMISSION RECOMMENDATION: N/A TACHMENTS: Proposed Ordinance Mayor Ron Morrison Council Members Frank Parra Alejandro Sotelo-Solis Jess Van Deventer Rosalie Zarate Office of the City Attorney City Attorney George H. Eiser, III Senior Assistant City Attorney Claudia Gacitua Silva Senior Assistant City Attorney Jodi L. Doucette TO: Mayor and City Council DATE: February 16, 2009 FROM: City Attorney SUBJECT: An Ordinance of the City Council of the City of National City amending Subsections T and V of Section 2.01.020 of the National City Municipal Code pertaining to the Powers and Duties of the City Manager Section 2.01.020 of the National City Municipal Code sets forth the powers and duties of the City Manager. Subsection T of Section 2.01.020 authorizes the City Manager to execute all contracts and agreements not exceeding the amount of $25,000. Subsection V gives the City Manager the authority to approve change orders for previously authorized public works contracts, professional services agreements, and other agreements when the amount does not exceed the greater of ten percent of the original contracts amount or $25,000. In a companion item on this agenda, the City Engineer is proposing that the City Council approve an amendment to the City's change order approval policy. The recommended amendment would authorize the City Engineer to approve change orders and amendments to contracts not to exceed the greater of $25,000 or fifteen percent of the original contract amount. The proposed amendment would also increase the authority of the City Manager to approve change orders and amendments to contracts of $50,000 or twenty five percent of the original contract amount, whichever is greater. The increased authority of the City Manager would conflict with his/her authority as set forth in Section 2.01.020 of the Municipal Code, requiring that Section to be amended as proposed. f) dc GEORGE H. EISER, III City Attorney GHE/gmo 1243 National City Boulevard; National City, California 91950-4301 Tel.: (619) 336.4220 Fax: (619) 336.4327 ORDINANCE NO. 2010 — 2333 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING SUBSECTIONS T AND V OF SECTION 2.01.020 OF THE NATIONAL CITY MUNICIPAL CODE PERTAINING TO THE POWERS AND DUTIES OF THE CITY MANAGER BE IT ORDAINED that the City Council of the City of National City does hereby amend Subsections T and V of Section 2.01.020 of the Municipal Code, to read as follows: T. To approve, execute and issue all contracts and agreements or amendments thereto in an amount not to exceed fifty thousand dollars, except as otherwise provided by ordinance or resolution, and to delegate that authority; V. To approve change orders for previously authorized procurements of supplies and equipment, professional services agreements and public works contracts in amounts not exceeding an aggregate of twenty-five percent over the original authorized contract price or fifty thousand dollars, whichever is greater, without prior city council approval, and to delegate such authority; PASSED and ADOPTED this 16th day of March, 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 MEETING DATE: March 16, 2010 AGENDA ITEM NO. 22 :M TITLE: Resolution — To Certify A Final Environmental Impact Report (FEIR) and Adopt the Statement of Overriding Considerations (SOC) and the Mitigation Monitoring and Reporting Program (MMRP) Prepared to Assess and Mitigate Project Impacts of Adoption of the Westside Specific Plan and Related General Plan Amendments; (Applicant: City) (Case File 2007-34 GPA, ZC, SPA, EIR) (Companion Item # ) PREPARED BY: Peggy Chapin PHONE: 619-336-4319 V DEPARTMENT: Development Svcs/Planning. APPROVED BY: EXPLANATION: The City Council conducted a public hearing on the Final Environmental Impact Planning, Statement of Overriding Considerations, Mitigation Monitoring and Reporting Program prepared to assess the impacts of implementation of the Westside Specific Plan. Upon approval, the attached Resolution would certify the FEIR, and adopt the SOC and MMRP. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS ENVIRONMENTAL REVIEW: An Environmental Impact Report (EIR) (SCH. #2008071092), Final EIR, Statement of Overriding Considerations (SOC), and Mitigation Monitoring and Reporting Program (MMRP) were prepared to assess impacts of adoption of the Westside Specific Plan. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Staff concurs with the decision of the Pla g o sion a recommends certification of the FEIR, and adoption of the SOC and MMRP. BOARD / COMMISSION RECOMMEND I The Planning Commission voted 7-0 to adopt Resolution 5-2010 recommending certification of the EIR, and adoption of the SOC and MMRP. ATTACHMENTS: solution RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CERTIFYING A FINAL ENVIRONMENTAL IMPACT REPORT, AND ADOPTING THE MITIGATION MONITORING AND REPORTING PROGRAM, AND ADOPTING THE STATEMENT OF OVERRIDING CONSIDERATIONS PREPARED TO ASSESS AND MITIGATE PROJECT IMPACTS OF ADOPTION OF THE WESTSIDE SPECIFIC PLAN AND RELATED GENERAL PLAN AMENDMENTS AND ZONE CHANGE DESIGNATIONS RESULTING IN REZONING FROM LIGHT MANUFACTURING — RESIDENTIAL AND CIVIC INSTITUTIONAL -OPEN SPACE RESERVE TO MULTI -USE COMMERCIAL (MCR-1, MCR-2), LIMITED COMMERCIAL, RESIDENTIAL SINGLE-FAMILY, CIVIC INSTITUTIONAL, AND OPEN SPACE RESERVE ZONING DESIGNATIONS. CASE FILE NO. 2007-34 GPA, ZC, SPA, EIR. ENVIRONMENTAL IMPACT REPORT SCH# 2008071092 WHEREAS, on March 1, 2010, the Planning Commission of the City of National City held a public hearing at which oral and documentary evidence was presented, and considered a Final Environmental Impact Report, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations prepared to assess and mitigate the project impacts of adoption of the Westside Specific Plan and related General Plan Amendments and zone change designations resulting in General Plan Amendment and zoning changes to redesignate the approximately 100-acre Westside Specific Plan Area from Light Manufacturing - Residential and Civic Institution -Open Space Reserve to Multi -use Commercial Residential (MCR-1, MCR-2), Limited Commercial, Residential Single -Family, Civic Institutional, and Open Space Reserve within an area west of Interstate-5 and east of National City Boulevard, north of Mile of Cars Way, and south of Plaza Boulevard; and WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File No. 2007-34 GPA, ZC, SPA, EIR, which is maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and recommended action to certify the Final Environmental Impact Report and adopt the Findings of Fact, Statement of Overriding Considerations, and the Mitigation Monitoring and Reporting Program; and WHEREAS, on March 16, 2010, the City Council held a public hearing at which oral and documentary evidence was presented, and considered said Final Environmental Impact Report, Findings of Fact, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations, and has caused and duly held studies and proceedings for the timely amendment to the General Plan of the City of National City, pursuant to Title 7, Chapter 3, Article 6 of the Government Code of the State of California; and WHEREAS, the City Council at a duly advertised public hearing held on March 16, 2010, considered the proposed amendment to the General Plan and zoning changes, and the Westside Specific Plan of the City of National City, along with all evidence and testimony presented at said hearing, and along with the Environmental Impact Report to assess project impacts of approving the General Plan Amendment and zone changes and adopting the Westside Specific Plan together with any comments received; and WHEREAS, the City Council recognizes the need and desirability to conduct reviews of, and consider amendments to, the General Plan to accommodate the changing needs of the community; and Resolution No. 2010 — March 16, 2010 Page 2 WHEREAS, this action is taken pursuant to all applicable procedures required by state law and City law; and WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE BE IT RESOLVED by the City Council that the testimony and evidence presented to the Planning Commission at the public hearing held on March 16, 2010, support the following findings of fact and the Findings of Fact and Statement of Overriding Considerations that are attached hereto as Exhibit A and incorporated herein by reference. BE IT FURTHER RESOLVED that the City Council certifies it has reviewed and considered the information contained in the Final Environmental Impact Report, and hereby certifies the Final Environmental Impact Report and adopts the Statement of Overrriding Considerations and Mitigation and Monitoring and Reporting Program based on the following findings: FINDINGS FOR CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT AND ADOPTING THE MITIGATION AND MONITORING REPORTING PROGRAM 1. The Final Environmental Impact Report (FEIR) has been prepared in accordance with the California Environmental Quality Act. 2. The City Council considered the Planning Commission's recommendation and has reviewed and considered the information in the FEIR before approving the Westside Specific Plan and related General Plan Amendments and zone changes. 3. The FEIR reflects the City's independent judgment and analysis. 4. The City Council has considered the environmental impact report together with any comments received during the public review process and the responses. 5. On the basis of the whole record, including the Initial Study, written comments, and responses, there is substantial evidence that the project will have a significant effect on the environment. 6. Based on the FEIR and the analysis provided therein, a Mitigation Monitoring and Reporting Program (MMRP), fully contained within Attachment A of the "FEIR and Mitigation Monitoring and Reporting Program" and attached hereto as Exhibit B and incorporated herein by reference, has been prepared to assess the potential environmental impacts and identifies impacts that can be mitigated to avoid or substantially lessened below a level of significant impact. Resolution No. 2010 — March 16, 2010 Page 3 7. The mitigation measures that have been identified as feasible mitigation measures that will mitigate impacts to below a level of significant impact in the MMRP, fully contained in Exhibit B, have been incorporated into the Mitigation Monitoring and Report Program for the Westside Specific Plan. All the identified feasible mitigation measures will be incorporated in future development discretionary applications as conditions of approval and are enforceable through the permit conditions. 8. The Findings of Fact contained in Chapters 1 through 4 of Exhibit A, and in particular the Findings Regarding Significant Environmental Effects contained in Chapter 3 of Exhibit A, are incorporated herein as though fully set forth. 9. The alternatives to the proposed project are each rejected, as explained in the FEIR, because they do not meet the project objectives in that the No Project Alternative (Alternative 1) results in continued co -location of housing with businesses uses that store, or generate hazardous materials; the No Mixed -use Alternative (Alternative 2) and the Reduced Buildout Alternative (Alternative 3) would reduce project impacts associated with air quality and traffic, but would not meet project objectives for smart growth by not providing services and employment opportunities; and the Retain and Expand Industrial Uses Alternative (Alternative 4) would not achieve any of the goals of the project which emphasizes residential characteristics and smart growth. The additional findings contained in Chapter 4 of Exhibit A, are incorporated herein as though fully set forth. 10. The documents and other materials that constitute the record of proceedings on which the Planning Commission based its findings and recommendations to the City Council to certify the Final Environmental Impact Report are located at the City Hall, City of National City, 1243 National City Boulevard, National City. The custodian for these documents is the City Clerk of the City of National City. This information is provided in compliance with Public Resources Code Section 15091(e). BE IT FURTHER RESOLVED that the City Council adopts the Statement of Overriding Considerations contained in Chapter 5 of Exhibit A, incorporated herein by reference as though fully set forth, stating why the projects' benefits override and outweigh its unavoidable impacts. BE IT FURTHER RESOLVED that the City Council adopts the Mitigation Monitoring and Reporting Program, attached hereto as Exhibit B and incorporated herein by reference as though fully set forth. BE IT FURTHER RESOLVED that the City Council has considered the proposed Final Environmental Impact Report, Findings of Fact, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations prepared to assess the impacts of adoption of the Westside Specific Plan and related General Plan Amendment and Zone Change designations, together with any comments received during the public review process, in making these findings on the basis of the whole record and any comments. Resolution No. 2010 — March 16, 2010 Page 4 BE IT FURTHER RESOLVED that the Final Environmental Impact Report is certified, and the Mitigation Monitoring and Reporting Program and Statement of Overriding Considerations are adopted. BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 16th day of March, 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 MEETING DATE: March 16, 2010 AGENDA ITEM NO. 23 _M TITLE: Resolution — To Amend the General Plan to Remove the General Plan Land Use Designation of Light Industrial Residential from the Westside Specific Plan Area and to Allow for Small Lot Single Family Residential, Mixed Use Commercial -Residential, Limited Commercial, Civic Institutional, and Open Space Reserve with the Westside area. (Applicant: City) (Case File 2007-34 GPA, ZC, SPA, EIR) (Companion Item # ) PREPARED BY: Peggy Chapin PHONE: 619-336-4319 EXPLANATION: The City Council conducted a public hearing on a Final Environmental Impact Report, Statement of Overriding Considerations, Mitigation Monitoring and Reporting Program, General Plan Amendment and Zoning Changes, and the Westside Specific Plan on March 16, 2010. The attached Resolution amends the General Plan to remove the Tight industrial residential (MLR) land use designation from the Westside Plan area and to allow for small lot single family residential, mixed use commercial residential, limited commercial, civic institution, and open space reserve as noted in the land use map reflected in the Draft Westside Specific Plan. An ordinance amending Land Use Code and Combined General Plan/Zoning Map will be on a future Council agenda. DEPARTMENT: Development Svcs/Planning. APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS ENVIRONMENTAL REVIEW: An Environmental Impact Report (EIR) (SCH. #2008071092), Final EIR, Statement of Overriding Considerations (SOC), and Mitigation Monitoring and Reporting Program (MMRP) were prepared to assess impacts of adoption of the General Plan Amendments, zone changes and Westside Specific Plan. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Staff concurs with the de Plan Amendment. BOARD / COMMISSION R • M ning Commission and recommends adoption of the General a The Planning Commission voted 7-0 to adopt Resolution 5-2010 recommending adoption of the General Plan Amendment. ATTACHMENTS: solution RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A GENERAL PLAN AMENDMENT TO CHANGE THE LAND USE DESIGNATIONS FOR THE WESTSIDE SPECIFIC PLAN AREA FROM LIGHT MANUFACTURING -RESIDENTIAL AND CIVIC INSTITUTIONAL -OPEN SPACE RESERVE TO MULTI -USE COMMERCIAL RESIDENTIAL, LIMITED COMMERCIAL, RESIDENTIAL SINGLE-FAMILY, CIVIC INSTITUTIONAL, AND OPEN SPACE RESERVE WITHIN THE WESTSIDE SPECIFIC PLAN AREA EAST OF I- 5, WEST OF NATIONAL CITY BOULEVARD, NORTH OF MILE OF CARS WAY, AND SOUTH OF PLAZA BOULEVARD. CASE FILE NO.: 2007-34 GPA, ZC, SPA, EIR ENVIRONMENTAL IMPACT REPORT SCH# 2008071092 WHEREAS, the Planning Commission of the City of National City considered the Westside Specific Plan for the approximately 100-acre area east of Interstate-5, west of National City Boulevard, north of Mile of Cars Way, and south of Plaza Boulevard on March 1, 2010, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File No. 2007-34 GPA, ZC, SPA, EIR, which is maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing, and recommended adoption of the General Plan Amendment; and WHEREAS, the City Council conducted a public hearing on March 16, 2010, and considered the General Plan Amendment as referenced in the Westside Specific Plan, Chapter 7, which is incorporated herein by reference; and WHEREAS, the City Council approved the deletion of the Light Manufacturing/Residential land use for the Westside area, and approved the land uses designations for the Westside area that are identified in the land use map contained in the draft Westside Specific Plan, and incorporated herein by reference; and WHEREAS, at said public hearing the City Council considered the staff report contained in Case File No. 2007-34 GPA, ZC, SPA, EIR, which is maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing, and approved an amendment to the General Plan, and this action is taken pursuant to all applicable procedures required by State law and City law; and WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the testimony and evidence presented to the City Council at the public hearing held on March 16, 2010, support the following findings: FINDINGS FOR APPROVAL FOR THE AMENDMENT TO THE GENERAL PLAN 1. That the proposed amendment to the Combined General Plan/Zoning Map changing the Westside Specific Plan area from Light Manufacturing -Residential, Civic Institutional, and Open Space Resolution No. 2010 — March 16, 2010 Page 2 Reserve (OSR) to Multi -use Commercial Residential (MCR-1, MCR-2), Light Commercial, Single Family Residential (RS-4), Civic Institutional, and Open Space Reserve is consistent with the General Plan, since the approximately 100-acre Westside Specific Plan is a unique since it contains conflicting land use pattern and has resulted in deterioration and health and safety concerns for its resident, and the proposed General Plan Amendment would serve in the future to reduce the continue proliferation of conflicting land use patterns. 2. That the proposed amendment is in the public interest, since it will allow for a new mixed use development that will provide convenient services to the community and it meets the goals of the General Plan to expand the amount of retail space in the City. 3. That granting of the General Plan Amendment further enhances the goals of the General Plan to encourage residential development near transit services, and increase the opportunities for multi -modal transit services. 4. That granting of this General Plan Amendment to change the land use designations for the Westside Specific Plan area is consistent with all other City plans and ordinances, since the proposed land use changes, carries out the intent of the General Plan to create services near residences, encourages redevelopment of both commercial and residences while further expanding the goals of expanding the habitat restoration in and around Paradise Creek and increasing recreational opportunities for local residents. BE IT FURTHER RESOLVED that the City Council has considered the proposed Amendment to the General Plan together with any comments received during the public review process, and finds on the basis of the whole record and any comments. BE IT FURTHER RESOLVED that the Amendment to the General Plan is approved. BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 16th day of March, 2010. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, III City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 16, 2010 AGENDA ITEM NO. 24 EM TITLE: Resolution — To Adopt the Westside Specific Plan for an area East of 1-5, West of National City Boulevard, North of Mile of Cars Way, and South of Plaza Blvd; (Applicant: City) (Case File 2007-34 GPA, ZC, SPA, EIR) (Companion Item # ) PREPARED BY: Peggy Chapin p DEPARTMENT: Development Svcs/Planning. PHONE: 619-336-4319 APPROVED BY: EXPLANATION: The City Council conducted a public hearing on a Final Environmental Impact Report, Statement of Overriding Considerations, Mitigation Monitoring and Reporting Program, General Plan Amendment and Zoning Changes, and the Westside Specific Plan on tonight's agenda. Upon Council approval, the attached Resolution adopts the Westside Specific Plan. An ordinance amending Land Use Code and Combined General Plan/Zoning Map will be on a future Council agenda. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS ENVIRONMENTAL REVIEW: An Environmental Impact Report (EIR) (SCH. #2008071092), Final EIR, Statement of Overriding Considerations (SOC), and Mitigation Monitoring and Reporting Program (MMRP) were prepared to assess impacts of adoption of the Westside Specific Plan. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Staff concurs with the,deeisio Specific Plan. BOARD / COMMISSION COMME anning Commission and recommends adoption of the Westside The Planning Commission voted 7-0 to approve Resolution 7-2010 recommending adoption of the Westside Specific Plan. ATTACHMENTS: solution RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE WESTSIDE SPECIFIC PLAN FOR AN AREA LOCATED EAST OF 1-5, AND WEST OF NATIONAL CITY BOULEVARD, NORTH OF MILE OF CARS WAY, AND SOUTH OF PLAZA BOULEVARD CASE FILE NO.: 2007-34 GPA, ZC, SPA, EIR ENVIRONMENTAL IMPACT REPORT SCH# 2008071092 WHEREAS, the Planning Commission of the City of National City considered the Westside Specific Plan for the approximately 100-acre area east of Interstate-5, west of National City Boulevard, north of Mile of Cars Way, and south of Plaza Boulevard at a public hearing held on March 1, 2010, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File No. 2007-34 GPA, ZC, SPA, EIR, which is maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing, and recommended adoption of the Westside Specific Plan; and WHEREAS, the City Council of the City of National City conducted a public hearing on March 16, 2010, at which time oral and documentary evidence was presented, and considered the Westside Specific Plan; and WHEREAS, at said public hearing the City Council considered the staff report contained in Case File No. 2007-34 GPA, ZC, SPA, EIR, which is maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and adopted the Westside Specific Plan and this action is taken pursuant to all applicable procedures required by state law and City law; and WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the testimony and evidence presented to the City Council at the public hearing held on March 16, 2010, support the following findings: FINDINGS FOR APPROVAL FOR THE ADOPTION OF THE WESTSIDE SPECIFIC PLAN 1. That the Westside Specific Plan is comprised of an area previously zoned Light Manufacturing -Residential, and this zoning resulted in the development of industrial uses in close proximity to residences, and this development pattern created conflicting land uses related to noise, traffic, air quality and hazardous materials which led to requests by the community to develop a comprehensive plan that would reduce the environmental impacts. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed land use changes, and that the plan provides opportunities to create community corridors that will further enhance multi -modal transit to downtown National City, Kimball Park, City Hall, the library, and the light rail transit station. Resolution 2010 — March 16, 2010 Page 2 3. That the proposed Westside Specific Plan will have a beneficial effect upon adjacent or abutting properties, since the plan proposes land use patterns that are more compatible with the existing residential development by offering opportunities for increased residential development and commercial services. 4. That the proposed Westside Specific Plan is deemed essential and desirable to effectively improve the public health and welfare of the community, since the proposed Westside Specific Plan will restrict additional land uses that utilize and store hazardous materials, emit air pollutants, increase noise levels, and overall reduce the quality of life for the residents. 5. That proposed Westside Specific Plan through future development and redevelopment will increase retail development and provide additional employment, and will serve the community's growing demand for retail services and increase opportunities for affordable housing near services and transit. 6. That the proposed Westside Specific Plan achieves the Vision and Guiding Principles as set forth by the community though a series of community meetings and through changes in land use Westside would be established as a safe, healthy, and vibrant neighborhood. 7. That the proposed Westside Specific Plan supports the goals to conserve and enhance Paradise Creek by creating opportunities for developing a parklike setting with habitat restoration, park uses, trails, and active/passive uses adjacent to the creek, and the design and development of the open space park would be coordinated with the resource agencies to ensure the goals of the plan are met. 8. That the proposed Westside Specific Plan would meet the goals of the plan by reducing impactive land uses that result in air pollution, hazardous materials storage, increased noise levels, and parking and traffic issues. BE IT FURTHER RESOLVED that the City Council has considered the proposed Westside Specific Plan together with any comments received during the public review process, and finds on the basis of the whole record incorporated herein by reference along with evidence and testimony at said hearing adopts the Westside Specific Plan. BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. --- Signature Page to Follow --- Resolution 2010 — March 16, 2010 Page 3 PASSED and ADOPTED this 16th day of March, 2010. Ron Morrison, Mayor ATTEST: Michael R. Daila, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT ..IEETING DATE March 16, 2010 AGENDA ITEM NO. 25 / ITEM TITLE TEMPORARY USE PERMIT — Bayview Banner advertising "Condos from 125,000 (619) 336-0303'° at the Bayview Tower building at 801 National City Boulevard from March 25 thru December 31, 2010 with no waiver of fees. PREPARED BY EXPLANATION Vianey Rolon, 336-4364 DEPARTMENT Neighborhood Services Division This is a request from Pacifica Bayview LLC to to display the new Bayview Tower Advertising Banner from March 25 thru December 31, 2010. The new banner reads "Condos from 125,000 (619) 336-0303" measuring 8ft x 50ft in navy blue background and white lettering. The purpose of the banner is to draw prospective homebuyers and retail tenants through Pacifica's current sales program. Environmental Review X N/A Financial Statement The City has incurred $237.00 for processing the TUP through various City departments Total fees are $237.00 Approved By: Finance Director Account No. J STAFF RECOMMENDATION Please see all City Departments' comments. BOARD / COMMISSION RECOMMENDATION N/A 3-- -zo,D ATTACHMENTS ( Listed Below ) Application for a Temporary Use Permit with recommendations and conditions. Resolution No. A-200 (9/99) CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: Pacifica Bayview LLC EVENT: Bayview Tower Banner DATE OF EVENT: March 25 thru December 31, 2010 TIME OF EVENT: N/A APPROVALS: DEVELOPMENT SERVICES RISK MANAGER PUBLIC WORKS FINANCE FIRE COMMUNITY SERVICES POLICE CITY ATTORNEY YES [ ] NO [ X] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [x] NO [ ] YES [ x ] NO [ ] YES [x] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS CONDITIONS OF DENIAL: DEVELOPMENT SERVICES (619) 336-4318 The proposed banner would violate the city's sign ordinance (Section 18.62.100) which provides for the height that the banner can be displayed and the length of time. The banner proposed does not meet the required height of 25 feet above ground and s proposed to exceed the 60 day time limitation. Additionally, the sign ordinance (Section 18.62.170) allows for temporary signs for sale of property provided that the sign is no greater than 50 square feet. Therefore, Planning cannot support the application since the proposed banner does not meet city standards and the ordinance does not provide for allowances beyond the limitations of the ordinance. to be approved with a TUP. CONDITIONS OF APPROVAL: RISK MANAGER (619) 336-4370 Require general liability insurance $IM per occurrence / $2M aggregate with Additional Insured Endorsement naming the City and all of its subsidiaries (e.g. whatever you call your redevelopment agency, parking commission, subsidiary entities, etc.) FIRE (619) 336-4550 Stipulations required by the Fire Department for this event are as follows: 1) The National City Fire Department has no comment for this item. Please call if you have questions PUBLIC WORKS (619) 336-4580 Public Works has no involvement in this event and recommends approval. COMMUNITY SERVICES (619) 336-4290 Approve the Bay View request. CITY ATTORNEY (619) 336-4220 No recommended conditions from the City Attorney's office. Type of Event: _ Pubic Concert _ Fair _ Festival _ Community Event _ Parade _ Demonstration _ Circus Block Party _ Motion Picture _ Grand Opening ."Other R4W i11[k F 0 K Sh Event Title: j A- Y f/ 1 N 6 A -Al Al E& Event Location: got N k7 J O /JA L c f l y 6V,). Event Date(s): From 3 ,Z_ �_ to 12/3V 010Total Anticipated Attendance: M nth/DayfYear ( Participants) Actual Event Hours: arr pm to ant ( Spectators) Setup/assembly/construction Date: Start time: Please describe the scope of your setup/assembly work (specific details): Dismantle Date: 1 / 2/ie/I Completion Time: am/pm List any street(s) requiring closure as a result of this event. Include street name(s), day and time of dosing and day and time of reopening. No AI Sponsoring Organization: P A C / F/ C1 &A }/ i/`'kJ L Lz ✓or Profit Chief Officer of Organization (Name) AES{1'/1fV/ Applicant (Name): k LL/ SON k0 L FE Not -for -Profit Address: /7_gJ H4 /ccuc S7?FL7, Sz1i7[#/00/ SiY CA 92//0 Daytime Phone: (619) of 96 1000 Evening Phone: ( ) Fax: (60) Z 96 909 0 Contact Person "on site" day of the event: KA3'Q . ri\1G) P7k / d ON F111/4r�Arl Pager/Cellular:( gs-- O 39 P•Z/ /9)? eo 9/09. NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 Is your organization a "Tax Exempt, nonprofit" organization? _ YES vO Are admission, entry, vendor or participant fees required? _ YES V.-NO If YES, please explain the purpose and provide amount(s): $ Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ Estimated Expenses for this event. /vitt $ What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. S': % vp OF A- A' 'r,E/ , To B 1Oc47�D ON 7OP OF 64Yv/cc-A; 7Oc3 k £U/L2//v0 60(-1 /Gff f C Tcm 774) A 7 8o/ N47/0A) J7y 1 LvI . 7/=f E 6-PraA6k.9O c 1 ij j p DkittAiPP nSP£e -T ve 1f-ow L' Yz'Ks Ar\/D R£7 /L 7�%.i ttrl7S'7fl,�oCt-( 71-IS Ca(CAI 7 •CftZems' PRO0/vM. _ YES _ NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: 2 _/YES ‘J NO Does the event involve the sale or use of alcoholic beverages? t YES _ NO Will items or services be sold at the event? If yes, please describe: «£S/LCAJ7/4 - LW/ 7S W/L-L &I dco4h _ YES Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. EYES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. AK° "TATI(t it[ $72F£ 7 _ YES O Does the event involve the use of tents or canopies? If YES: Number of tent/canopies Sizes NOTE: A separate Fire Department permit is required for tents or canopies. _ YES - NO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. N/ ➢ Food Concession and/or Food Preparation areas . Please describe how food will be served at the event: NiA If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): > Portable and/or Permanent Toilet Facilities 3 f\ON A-rjii 3 t, i' i4 1 N Number of portable toilets: NIA (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) > Tables and Chairs 1J%l ➢ Fencing, barriers and/or barricades N % A- ➢ Generator locations and/or source of electricity Ki f A- ➢ Canopies or tent locations (include tent/canopy dimensions) n1/ r ➢ Booths, exhibits, displays or enclosures > Scaffolding, bleachers, platforms, stages, grandstands or related structures wI A- ➢ Vehicles and/or trailers N > Other related event components not covered above " ><I/A- ➢ Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: I J— Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: bi fi-`( %PICK Up CF 1-/77 IN /D fCec)AID /1401)S11- M£S 3 Please describe your procedures for both Crowd Control and Internal Security: ON S r 7C- gALS- Aditik)frerrtZ X 7CAt`% Wf/L ci2A`7Q L vfsr7oRS' C7A/ ,A/ A VC-R_AA-cam . 7 eA FF/C. A-7 S i 7 tA.900`13 6 z 1— 2 P as PFL_ys psk D A Y _ YES NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: _ YES ✓NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. �IAST AID KITS -E An;AiL ' 70 ON_C T£ lVffh✓A-rfRs Please describe your Accessibility Plan for access at your event by individuals with disabilities: 77/� orFrcf /s AD,q- AC rs°;g(L' /A1CLUI)r,v Drsa;-Ii-A-A PAW, Kr>i/f 7-11 pkop(27/ PARKintei Lo7. Please provide a detailed description of your PARKING plan: A MPL_C- PPFR Krn/(T Corr S72JF7) Is L_c'c..-7[ b 7N 7fff PPE y S 19R (1/.A 7E LOT (S> Please describe your plan for DISABLED PARKING: 7/fE R7'Qvr12[L) rV 1'r'7Bg iZ 0 T g L (p P.h2fC sv6- S PALES RX Loc-A-7E-,) iti 7-1-ft / J PZ27Ys P2fuA7L cO7Cs9 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: 7 fs /S A (OfJl7%uL'A7/04) Or EAki_lc" S/i /fac;7evCA' AIL g_ss 7.0 coe(A] B£ A)C7/Fft 5 NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. YES 40 Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Number of Bands: Type of Music: YES 4O Will sound amplification be used? If YES, please indicate: / Start time: am/pm Finish Time am/pm YES V NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: amPpm Finish Time am/pm Please describe the sound equipment that will be used for your event: YES " NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: '� YES _ NO Any signs, banners, decorations, special lighting? If YES, please describe: 1117fNei& LOOLLL7 t /N 7A cu. PCC'A-sf SFC A77gL1-1-C Pfc701ZL- Revised 08/10/05 5 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization Person in Charge of Activity Address Telephone Date(s) of Use HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Sigriature of Applicant eita.e/ricz.eL. ?A/ne)a...e h 0 Official Title / Date For Office Use Only Certificate of Insurance Approved Date 7 Event: For Office Use OnCy Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department 6 **** BANK:Pacifica Bay View LLC(m938) CITY OF NATIONAL CITY late Description Finance Departmen*, o2/ie/zoio 619 336-4330 National City 37 / 21272 OP ,18/2010 12;57;14.000 Reg WXP-CASHO2 � dation Receipt CHARGES- 001-45464-3585 237.00 001454 bayview banner $ Sub -total $********237.00 PAYMENT- $ 237.00 Check - 2675 pacifica bay view Ilc Change $**********0.00 THANK Y0U1 Business Hours: 1„00 - 6:00 Monday Through Thursday :osed on Fridays Amount 237.00 237.00 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE March 16, 2010 AGENDA ITEM NO. 26 ITEM TITLE TEMPORARY USE PERMIT —Philippine Faire 2010 "Festival of Festivals Parade" at Kimball Park on May 29, 2010 from 6 a.m. to 8 p.m. This is a City Co -Sponsored event (Council Policy #804) and is eligible for a maximum fee reduction of $1,500.00. PREPARED BY Vianey Rolon, 336-4364 DEPARTMENT Neighborhood Services Division EXPLANATION This is a one -day event that begins with a mini -parade of cultural showcase, costumes, organizations, beauty queen floats, and a cultural program including an opening ceremony and dance entertainment. Six restaurants will be participating as food vendors. The Parade route assembles at Wal-Mart's parking lot located at 1200 Highland Avenue and continues onto E. Plaza Boulevard, turning left on 'D' Avenue and ends at Kimball Park. The applicant has requested E. Plaza Boulevard and 'D' Avenue to be closed for the duration of the parade. This event is a National City Co -Sponsored event (Council Policy #804) and is eligible for a maximum fee reduction of $1,500.00. Environmental Review X N/A Financial Statement Approved By: The City has incurred $237.00 for processing the Finance Director TUP through various City departments, $3,066.69 for Public Works, $410.00 for Fire inspections Total fees are $3,713.69 (PD fee pending) Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. 2o/a BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) Resolution No. Application for a Temporary Use Permit, email request for stage and equipment, with recommended approvals and conditions of approval. A-200 (9/99) CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Council of Philippine American Organization (COPAO) EVENT: Philippine Fair 2009 DATE OF EVENT: May 29, 2010 TIME OF EVENT: 6 a.m. to 8 p.m. APPROVALS: DEVELOPMENT SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x POLICE YES [ x ] NO [ ] SEE CONDITIONS [ ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: DEVELOPMENT SERVICES (619)-336-4318 *Traffic control and detour routes need to be coordinated with City PW, PD and FD. *Will need a Storm Water Inspection CITY ATTORNEY The applicant must execute an indemnity and hold harmless agreement in which it agrees to indemnify and hold harmless the City of National City and its officials, agents, and employees from any liability or loss arising out of the event. Additionally, the applicant must furnish evidence of a commercial general liability policy with coverage limits of at least $1 Million per occurrence and $4 Million aggregate, with an endorsement naming the City and its officials, agents, and employees as additional insureds. FIRE (619) 336-4550 Stipulations required by the Fire Department for this event are as follows: 1) Access to the street to be maintained at all times, to both entrances and Fire Department connections for fire sprinkler systems, standpipes, etc. 2) Fire Department access into and through the booth areas are to be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches. Please provide emergency access to rear of Faire 3) Fire Hydrants shall not be blocked or obstructed. 4) Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s). 5) Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s). 6) Provide a 2A:10BC fire extinguisher at both stages. Extinguishers to be mounted in a visible location between 35' from the floor to the top of the extinguisher. Maximum travel distance from an extinguisher shall not be more than 75 feet travel distance. 7) Provide 2A:10BC fire extinguishers in all food areas. Extinguisher to be mounted in a visible location between 3%`to 5' from the floor to the top of the extinguisher. If grease or oil is used in cooking, a 40:BC or class "K" fire extinguisher will be required. Please contact the National City Fire Department for direction on K type extinguisher. Maximum travel distance from one extinguisher to another shall not be more than 75 feet travel distance. All fire extinguishers to have a current State Fire Marshal Tag attached. Please see attached example 8) If tents or canopies are used, tents having an area in excess of 200 square feet and or canopies in excess of 400 square feet or multiple tents and or canopies placed together equaling or greater than the above stated areas, are to be used, they shall be flame-retardant treated with an approved State Fire Marshal seal attached. A ten feet separation distance must be maintained between tents and canopies. A permit from the Fire Department must be obtained. Cooking shall not be permitted under tents or canopies unless the tents or canopies meet "State Fire Marshal approval for cooking. Approval from the National City Fire Department is required to cook under tents or canopies. Please contact the National City Fire Department for direction. Canopies: Tents: 0 — 400 sf - $0 401 — 500 sf - $250.00 501 — 600 sf- $300.00 601 — 700 sf - $400.00 0 —200 sf - $200.00 201 — (+) sf - $400.00 9) What is the quantity of 10X20 tents?? 10) if Charcoal is being used, provide metal cans with lids and label "HOT COALS ONLY" for used charcoal disposal. 11) No parked vehicles or internal combustion engines (generator) are to be placed within 20 feet of tent/canopy. Internal combustion power sources that may be used shall be of adequate capacity to permit uninterrupted operation during normal operating hours. 12) Internal combustion power sources shall be isolated from contact with the public by either physical guards, fencing or an enclosure. Inflatable Jumps etc. 13) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" only. 14) First Aid will be provided by organization 15) South parking lot next to Boys and Girls Club shall maintain a minimum of a 20 foot roadway to allow for emergency apparatus access. Please contact the National City Fire Department for direction. 16) Required inspections taking place, after hours, holidays, and weekends will be assessed a minimum of two hundred ten ($200.00) dollars 17) A fire safety inspection is required for this event and is to be conducted by the Fire Department prior to operations of the event to include all food areas etc. $200.00 18) Fees must be paid to the Fire Department Administration Office prior to event occurrence. 19) Map shall consider "Fire Lane" required for event. Contact City of National City Parks Division for requirements. Fire Department fees can only be waived by City Council. FINANCE (619) 336-4330 A Business License is required IF monies are solicited, admission fee is charged, or if food, beverages and merchandise are sold. The organization holding this event and each vendor present at this event must have a separate business license. Vendors currently licensed by the City may operate under their existing license. A list of all participating vendors (with their address, phone number, and current National City business license number) is to be provided to the Revenue & Recovery Division of the Finance Department two weeks prior to the event for verification of business licenses. If any of the vendors or organizations is registered not -for -profit, there will be no charge for a business license tax. However, a business license certificate must be obtained from the City Revenue & Recovery Division, Business License Section. Non - profit's must only pay the $21.50 administrative fee when submitting their BL application. RISK MANAGER (619) 336-4300 From a risk management perspective, it depends a bit on any previous history: a) Has this event been held before? b) Were the crowds a problem for the Police Department? c) I didn't see any description of security for the event: with several thousand people gathered on one event this creates potential for stampeding, panic, etc. d) How will adequate exit paths be maintained? e) Are there a fire inspection of the cooking facilities to reduce potential for fire (which will trigger concerns in c) above? Ideally, the City would require $2,000,000.00 per occurrence and $4,000,000.00 aggregate general liability, including products liability including food product related claims with suitable Additional Insured Endorsement(s) favoring the City of National City and all of its subsidiaries. If the City's requirements are not flexible, then you will have to go with whatever maximum your City requires PUBLIC WORKS (619) 336-4580 Public Works Department staff has reviewed the application for subject Temporary Use Permit (TUP) and recommends approval subject to the conditions listed below: Street Division: 1. Staff will barricade affected streets and remove them when the event is over. 2. Staff will post "No Parking" signs on parade route. 3. The cost to provide Street personnel support for this event is estimated to be $870.43. • No Parking signs 75 x $0.45 $ 33.75 • Barricades 40 x $0.35 $ 14.00 • Equipment 10 x $20.38 $ 203.80 • Regular Ilours 4 hrs x $32.57 $ 130.28 • OT Hours 10 hrs x $48.86 $ 488.60 Park Division: 1. Set up on Friday, May 28 $ 931.53 2. Breakdown on Saturday, May 29 $ 931.53 3. Event organizers shall provide nighttime security for the park and City equipment for the duration of the event. Facilities Division: 1. Electrician OT hrs 10 hrs x $33.32 $ 333.20 Unless waived by City Council, the applicant shall pay $3,066.69 for staff costs associated with this permit request. The cost was estimated as follows: Street Division Park Division Facilities Division $ 870.43 $1,863.06 $ 333.20 (Acct #001-422-221-102-0000) (Acct #105-442-000-102-0000) (Acct #626-422-223-102-0000) Type of Event: Public Concert ✓Parade Motion Picture Event Title: Fair _ Demonstration Grand Opening Festival Circus Other Community Event Block Party P i 2 0 i C `I .�-A5 f i �,�5 tubs Pitvrt & Event Location: ICE ( (�Cw� , Y� eve � J t 1-4 51 ,,.r' Ala ` 0.7,1 e° f / r Event Date(s): Fromr4131 to 29 Total Anticipated Attendance: .5, coo (z; cc t Participants) Actual Event Hours:f?:;ro 0/pm to g'-ro a eon Spectators) Setup/assembly/construction Date: _fir g Lejttart time: : vP/ t Please describe the scope of your setup/assembly work (specific details): s.T wit, ibro?izst �tla,/ : oii_ez ect-u.-n 4 4,-y`9r a,, ✓aee� 4riace, � ° dip-PstiVS, 54d � j D4,14_, ;� . Dismantle Date: 4 71r My Completion Time: q: List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and dayandtime of reopening. / 13-ilk Sfvezt k 9 rrtr�J fa in t-t :Dr VIA14;c1k.It ),no., ofr ,Fd^81-.0 E ?Ia3& ?(V-. +-o i tl Sit uP �:ta at�� Ii to t$tt; Yttiec> i�i "1oi`0 Month/Day/Year Sponsoring Organization: etv-,, 1G, PLt.,Oriktvlee,,, la44.3 For Profit ce_vVAol ii Chief Officer of Organization (Name)I tars. flAtt i1-i p Not -for -Profit Applicant (Name): Al Av-0t^o, S CucQe Address: g3 Z n t: AltihkL Na-4(,tm� at e Daytime Phone: (6(t3)76S 393 - Evening Phone: (CH) q-zt -!71 3 Fax: OM) TelkiiPtYNI Contact Person "on site" day of the event: Woy-t . auc(a.( Pager/Cellular: (td/ q) 755- 3 9 3D , I 04- NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 't?‘ ckir- (1)11 (1-/ 0i2jte-ce' 6 „2_ 1„0- 4 i c1c2/1 �1 1 Is your organization a "Tax Exempt, nonprofit" organization? k_ YES NO Are admission, entry, vendor or participant fees required? X YES _ NO If YES, please explain the purpose and provide amount(s): 1/¢.ho( u(r S # fLe, 4i, g .(, .:psis •-t• Lr $ (Q 0 Dti Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ 612,D010 $ What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Estimated Expenses for this event. Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. S 1,, , n z�( `o, D Ply;- t,:,1( 1, 11 e� Gr.� �y�c . e (� ,a Y, .�1 rUt z 5 0 •(� S, u-uo C °PA zj t4111M Ery d G , J GA,), I vv-1' tty, ; tk,( ,{.)2 L �, o /% of, �'�/Y J a , _ H5l9 e'Q it,j, I Wr. J cars tN 4; clq / ,p 1).,..„ k tub 4-7 s ck �a,, o ire o- y"�rti d, { st.tL - i��i L P✓u t.�(fi��^t hq�j'fe li 6�: N�j + t ►,L j 4.r'G_c, �^ l� 0,1 4,7 1L 4 h,G-d-i Pe (L ef, LL. Cii u .•� l 2-, 6 '/LCY e� . GC i.s'b Adtg. 11141i41+411(✓ 1 ;2,34711- (1ZL h)- ' I I Yp5,1iYr {t" /ru-.CG. 1- e 0-4 ivy ( ev,,u, kk- -- (4, -11,-e- 7 to t := a,a (� �t 6,'1,41, ` J 1 YES "I NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: 2 YES - NO Does the event involve the sale or use of alcoholic beverages? YES _ NO Will items or services be sold at the event? If yes, please describe: 60411.4 1 tr-D-Dr✓ efkkiC YES NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. YES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. YES _ NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies "To-fpa Sizes y 0 X't 4 ID X Z� NOTE: A separate Fire Department permit is required for tents or canopies. YES _ NO Will the event involve the use of the City stage or PA system? 5-stc-n� �, L:-, n �� 5 i /t� , p c -d ie. L s7¢- In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: ➢ Alcoholic and Nonalcoholic Concession and/or Beer Garden areas_ ➢ Food Concession and/or Food Preparation areas Please describe how food will be served at the event: 1f: s--J t (I %`(�_��, v- J �cc-ytic � y (1if' c1p/�tad ' -( 4,1 "En u;(/rnr op14 7, If you intend to cook food in the event area please specify the method: X GAS }C ELECTRIC y CHARCOAL OTHER (Specify): > Portable and/or Permanent Toilet Facilities Number of portable toilets: 10 (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) ➢ Tables and Chairs ➢ Fencing, barriers and/or barricades > Generator locations and/or source of electricity > Canopies or tent locations (include tent/canopy dimensions) > Booths, exhibits, displays or enclosures > Scaffolding, bleachers, platforms, stages, grandstands or related structures ➢ Vehicles and/or trailers ➢ Other related event components not covered above ➢ Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: 3C0 Trash containers with lids: 1 ((r y, 6 in-) Describe your plan for clean-up and removal of waste and garbage during and after the event: VE-(u a.1<_, L4;1 l( 4.sci y C-1 - r. 1 CaT dItz,frj 0/4 Please describe your procedures for both Crowd Control�and Internal Security: Viz-6i,lv`� ,. l w i l tr-e. k v'ct rkici 4 0 wSe-i S�i in& c o t 4. Cvpr€ • Off - tt,, 'h t-,,;i.t j(, f 4e .4c;„-, Y e G lnG 9 a.Qfr,K te_, rinU; iv e�d4fii5 YA Lh07i ftit r e-' d— iA- t-n_ s cwaE '. YES NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: YES X NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please C indicate what arrangement you have made for providing First Aid Staffing and Equipment. f i t- S C Ni p{ YL n,-; t .? cY12 0-e el9(i ct r5 I~ S �d n r, cd. 2t Please describe your Accessibility Plan for access at your event by individuals with disabilities: D r s a (.4 10 Sri �w Y t. y; ct- � {iu; , cl�,zc e cup" e !t fitia.u4-e: 'fit-'`, cr Sedvrlq 4 r �' t� ( vc& Please provide a detailed description of your PARKING plan: 6[� SLr:-vi , c dz 5S k rr d c�- A, l&� VIPs Wit( re46e rn"I i�� I - i-&14. etij� t� Please describe your plan for DISABLED PARKING:/ Pis C� Q ; P � is,e, Grp e .S Ij- Sri at-L. e� e v- -- E -tom eve 1-LA-, Revised 08/10/05 Please describe your plans to notify all residents, businesses and churches impacted by the event: p / f tit1(o tint1 e,i�ViL tl G ul aAsLw1 rt.4i%1 d��y { t-vm:Yn tci t%i c t «. A, - NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. { YES NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Z Number of Bands: . i 1 Type of Music: -Po( le ; i�p, 4- ([ec2. -,wt.tn.S ,, YES _ NO Will sound amplification be used? If YES, please indicate: Start time: V = Gv AI-1 j Finish Time (�: 07� ('M am/63 / YES NO Will sound checks be conducted prior to the event? RYES, please indicate: Start time: g ; Ota (aalzom Finish Time : 3 a�pm Please describe the Sound equipment that will be used for your event: _ YES X NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: /1. J. 11^" ,01i a� i YES NO Any signs, banners, decorations, special lighting? If YES QQ V k..n ht,r4- Barh. Vim, iirug Q,,e1 , please describe: 5 Event: for Office 'Use OnCy Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department 6 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization e-fk 1fu (4: f� Arnk�� c �-y� .. � �irn t%irn' Person in Charge of Activity �} uNotr e 9/n Address 8 3 2 72 l: f eke , Ne-x= I e . CA `31 `j Telephone(, )')) 7 „Cc- 3/ 3t Date(s) of Use HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. , Signature of A r plica • Official tle Dat //SA) For Office Use Only Certificate of Insurance Approved Date 7 Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? x Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization Gird;,► of A me_d Yw Type of Organization Comr,,tva,. 9,,,u; c, gb 1 tr3 tx- M yo��o� (Service Club, Church, Social Service Agency, etc.) � 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) i( No (Please sign the form and submit it with the TUP Application) 4. WiII the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. No (Please proceed to Question 5) 8 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? X Yes (Please provide an explanation and details. yt of�5 it %GI No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. 14-netc's LtS rvh rfi briI'vv4 kit oYr, 6Ul ere L OP/1-0 No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: No (P lease sign the form and submit it with the TUP Application) 9 NM?Iay 'saLO-119CI Sim tk S1VY1O1/\IONI. o . o yr 153 a, -91Vrc6`0 9tv1YJ of x Ot v S21.1'3-11 r%-iPo . 11" v9> '1i 1 c'} ao'S ; Q S'3OAS r!Oil, NO N q �Sti1S S 1'11-C7 0 Ca_ nn tvvvtvra3` N1.9 'wi1N?5C3 tjarra3S • 3N1.. orv0-, 3 c2"o, Noub.-S Q�d natri, )x' 1 '3 tfG . az30b3 3vI tU�j1 wt,(. Oval PROPOSED PARADE ROUTE, PHILIPPINE FAIRE 2010 - FESTIVAL OF FESTIVALS PARADE, NATIONAL CITY May 29, 2010 """"""'11' - Direction of Parade - Proposed Road Block CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: March 16, 2010 AGENDA ITEM NO. 27 EM TITLE: Notice of Decision — Planning Commission Approval of a Conditional Use Permit and Coastal Development Permit for a Wireless Communications Facility at 700 Bay Marina Drive. (Applicant: Clearwire — Anne Ford) (Case File 2009-23 CUP, CDP) PREPARED BY: Martin Reeder PHONE: 336-4313 EXPLANATION: DEPARTMENT: Development Svcs/Planning. APPROVED BY: The project site is Marina Gateway Plaza on the south side of Bay Marina Drive, west of Interstate 5 and in the Tourist Commercial zone. The complex includes the Best Western Hotel, Buster's Restaurant and a 16,000 square - foot two-story commercial building. The commercial building is a long 30-foot tall building with a 40-foot tall tower element at the north end of the building. The property borders Sweetwater Marsh, which lies to the south. The property is located within the City's Coastal Zone. The applicant proposes to install nine antennas behind an existing parapet wall atop the tower element of the two-story building. The antennas would face north, east and west from the building below the level of the parapet. The wall will be modified, to allow the radio frequency (RF) signal to penetrate. Each location would have two panel antennas and one dish antenna. The associated equipment for the facility would be located on the main roof of the building adjacent to the tower. The equipment would be screened by a five-foot tall parapet wall. The Planning Commission held a hearing on March 1, 2010, at which time Commissioners asked questions )ut Conditions of Approval. The Commission voted to approve the CUP based on required findings and __.eject to Conditions of Approval. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: Project exempt from CEQA pursuant to Section 15301 ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Staff concurs with the de Decision be filed . BOARD / COMMISSION RO ' BAT ning Commission and recommends that the Notice of The Planning Commission approved the - . ditional Use Permit. Ayes: DeLaPaz, Farias, Alvarado, Baca, Pruitt, Reynolds, Flores ATTACHMENTS: Planning Commission Resolution No. 4-2010 . Location Map 3. Photo -simulations 4. Reduced plans RESOLUTION NO. 4-2010 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AND COASTAL DEVELOPMENT PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY AT 700 BAY MARINA DRIVE. APPLICANT_ CLEARWIRE — ANNE FORD CASE FILE NO. 2009-23 CUP, CDP WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit and Coastal Development Permit for a Wireless Communications Facility at 700 Bay Marina Drive (APN: 559-160-03, -09, -I I, -21 and 559-1I7-14, -15), at a duly advertised public hearings held on March 1, 2010, 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. 2009-23 CUP, CDP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing, and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WI IEREAS, 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 March I, 2010, support the following findings: RECOMMENDED FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT 1. That the site for the proposed wireless communications facility is adequate in size and shape, since the antennas and nine square -foot equipment storage area will be located on an existing 16,000 square -foot commercial building. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since Bay Marina Drive, an arterial street, can easily accommodate the one to two monthly maintenance trips generated by the unmanned facility. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the nine antennas and the equipment located on the building will be concealed behind parapet walls and painted to match the building. 1 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will improve the performance of the Sprint Wireless communications network, resulting in enhanced service for local Sprint customers. RECOMMENDED FINDINGS FOR APPROVAL OF THE COASTAL DEVLOPMENT PERMIT 1. That the granting of this Coastal Development Permit is consistent with and implements the Certified Local Coastal Program, since the project does not involve any land alterations and privates a public utility on existing commercially -zoned parcel in an area designated by the Local Coastal Program for such use. 2. That granting of this Coastal Development Permit is consistent with all other City plans and ordinances, since the project complies with applicable Land Use Code requirements and since the commercial use involved in the project area is identified by the General Plan as an appropriate use in the project area. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: General 1. This Conditional Use Permit authorizes a wireless communications facility at 700 Bay Marina Way. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibit A, Case File No_ 2009-23 CUP, CDP, dated 11/25/2009. Any additional antennas must substantially conform to the design for installation shown on these plans. 2. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 3 This permit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 4. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 5. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the 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 Director prior to recordation 2 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, and California Title 24 energy and handicapped regulations. Fire 7. Plans must comply with the 2007 editions of National Fire Protection Association and California Fire Codes, and National City Fire Department Ordinances. 8. Placement of panel antennas, dish assemblies and equipment shall not physically or visually obstruct Fire Department access to fire protection services on the roof. If electrical hazards exist, all items creating this hazard shall be identified with a reflective sign. This sign shall be 12x12" with a white background and red letters with a '4-inch stroke describing the hazard. The sign shall be posted in the path of travel. Planning 9. All exterior equipment, including but not limited to cellular antennas, equipment cabinets and GPS antennas, shall be equipped with Nix-A-Lite wire (or similar) to prevent raptor perching to the satisfaction of the Planning Division. 10. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 11. All wiring and cables between the equipment and/or antennas, and any associated communications or electrical power supply shall be placed within conduit and located on the roof, behind the parapet wall, or otherwise not on the face of the building where possible. 12. Building plans shall indicate that all antennas, equipment, wiring, conduit or any other exposed equipment shall be painted to match the color of the surface upon which it is installed (e.g., parapet wall, roof, etc) to the satisfaction of the Planning Division 13. The permittee shall not object to co -locating additional facilities of other communication companies and sharing the project site, provided such shared use does not result in substantial technical or quality -of -service impairment for the permitted use. In the event a dispute arises with regard to co - locating with other existing or potential users, the City may require a third party technical study at the expense of either or both the applicant or the complaining user. This condition in no way obligates the City to approve any co -location proposal if it is determined by the City not to be desirable in a specific case. 14. The applicant or operator shall be responsible for the removal and disposal of any antennas, equipment or facilities that are abandoned, decommissioned, or become obsolete within six (6) months of discontinuance. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT 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. 3 CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of March 1, 2010, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: De La PA, Farias, Alvarado, Baca, Pruitt, RejholdS, Flores CHAIRM 4 MM-CZ Subject Parcel Zone Boundary gay CD NCD OS -CZ OSR-CZ etwater Marsh I Wildlife Refuge \\ I 1 i 0 125 250 I Feet 500 APN: _ 59-117-09, 10, 14, 15 559-160-03, 09, 11, 21 Planning Commission Location Map 2009-23 CUP, CDP 0.2.©8.10 CA-SDG5358C BEST WESTERN MARINA GATEWAY 800 BAY MARINA DR NATIONAL CITY, CA 91950 Clearwire 4400 Carillon Point Kirkland, WA 98033 Sean Scully - Phone: (818) 426-6028 View*: 1 clear PRWOOLO et WW1 p.na a D,MC110RY PRTONMRS YOt$(TTO SWIM, PRO ORLO 14RE0I010 November 23, 2009 This illustration is a representation of the proposed project based on Information provided by the client. Actual construction may vary dependent on approved construction plans and therefore PTS (Pacific Telecom Services) is not responsible for any post simulation production design changes. Prepared by: SEP Approved by: RLT 3199 C Airport loop Drive. Costa Masa. CA 92626.3414 Pacific Telecom Services, LLC NATIONAL CITY PLANNING IAV. EXHIBIT A CASE FILE NO. 2009-23 CUP, CIP DATE: 11/25/2009 clea rwre BEST WESTER\ MARI\A GATEWAY CA-SDG5358C PROJECT INFORMATION pRO IFCT DESCRIPTION, CLOJ'MRL PSOPOSCS TO CCNTRJCI oNSTANRETI TEILCONNUNIGn4N9 F901l1 m xSALITND il) PINR NIIENKM1 i') NDINT, AND J,POYoSEC P} Onow MLMArnow S RC CLN RMALL EP (,11) CO('OYEM CABINLT 100 II/ orsED ImrvG RCMW BENINC A AP PI ICANY 'ILMWRE W0 CAPLLCN xOIMT CV.NO, A 00032 ONTACT. DON 915NOW9N NN (6161 0,6-6661 Jr ODE INFORMATION; 30NINC CUL51112.00"'. Cf-A.B05 2200 SPECIFC P. BLLLOINC CODE: 0007 DSO CO401164 07 NFL THE V-• O 01*000Y. 5-2 1LRTSDICTCN'. Dlrc OF CMJG 1T.A CURR7R Vat `EICODNMmIG11ON5 BI0Vt+ P50ro5(0 U9u 1E1LC01916U22,..ndls r5C Lm TFI r0 COMPANY' PN116001 150.3190 p0WFR C0MPANr• SO4. P. (600) 536-7393 CITE 1'CATIGN' (RASFG ON NAG 111)' uIINO(; 0 65905611 LONSINCo.-11,10o276 TOP OF CAUCNNS A01: 230 BASE Or TPIKNRC 645U 10.55E PARCEL NI.MRFIVA, TBO AREA OF P4RCF1' MATING PPG IFCT ARM PROPERTY OWNER; CONTACT PNIL UN -ON n, U55) 9.6-5w0 PRO ELT LEAD (PM). CONTACT Au 95TAI1ILN'1 14) -0R PROJECT LEAD (MT CONTACT JONN BAOCNNER PA; (615) NSA 1505 QTF Ar01,I5010N,' CCMAR: AVJM NAML'Cx P4: (660) 100-056 GGNING- 0NM( e)3536 6020 RT ENGINEFJC CD•u11, woo. DIXON PNI (TN) 260-2561 „JNSTRUCTION' P�BC9) 6CINEe NWS I -FISTING CARRIERS: NJMr GENERAL INFORMATON; T. PMNMO RLSUNEMEMR Mf UNCNANCN, 2, RM1C IS uNARECIEO. 3. SIONACE IS VNCNA40CD. AO A4DI1ON4. WP:T'10L5 AMA 15 PROPOSED. PROJECT TEAM p9 JFCT ARCHITFST MCMAS NOVNO, uA PACp1C ELLEC0Y SERr10ES. LF 21512 NPPDRI A07. DRM COSTA NE. 04 9262E CONTACT ROB. 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RI 5P0' E4N.n0N clearw're° KM 010.14 REST WESTERN MARINA GATEWAY CA-SDG5358C lg REVISIONS ND D.a 00CAPn]N me, ION Mp INaN WN lO MI RMN h./ 55 1,00 11310,1 Of f R GONSm000ON 11NL05 LABELED ..5 OOsSIRUOTUH SET SHEET TTLE SLID PLNI SH�000 NUMBER Al 1-0 SI FE PLAN OOORVa PRADR 514.1ZZI a 0 iGNR� -nlmic oPNN LaR POSED.OLLOIWIRC MOW INSIDE a m c POOL. f I \N ' G� I/ 4.0 PNN°R OPROPOSO L4FM✓IRE PIx6 MREMu MWM°S IOCINC PMA°R - PROPOSED ...POOP [DUPONT CABINET x011Nip IROP0f0 CIIMPIR0 PY x0UN1E] 4010! Pi0PoS0 PM6 rNRUM ® Ma1R�MIfED0R0 40001110R01Ei5CDONK IMixrD. ® PROPOSED CIF.WRIRE R SCREEN W4 ® E}R?W0 00 0' 5u1 S P111µET) °RCPoS0 J'I SCIEDVCE b WUNRMO PPE .---......PROPOSED 50 fPu4S POP SIZE °IMPOSED w'%13500 °w6 .AP. `'-PROPOSED PROTON, AHCM14 1.10uNTN0 BMGNR °WNC °NpINC 7. ID. 1111111111111 1111111111 111 PROPOSED IGxu'%Z• PANE. 4400*M PODPK5 PMENW. 00N111.5 MOVNRMO SWIM PROPOSED 34 0UV MOUNRN0 PIPE •--PROPOSE) 01RECDON, ,op05m / POP SANTDIN4 SEC PW$ OVWOD!RRu PROPOSED IHIR4IY M00N11NO SMCMR PROPOSED OVMrIO/nnu ��, m DPLCMI sff Pwu 0Dn vz WUP4WI 04 RRDMWN1C �-- °ROWSt4 ar•PNIRE POE. 41: , DIRED 10W1 AMEN,. 4 +NND ! 9aw0 PIAYR. IRCPIACE r4l SEEM. YON RP {PA SPARIDO S PROPOSE] CCfMMIRE E'NIPMEM0 IIBMR MWNSC ON PROPOSED GFB �1 REPO PM N1RIN PRCNE[D 0DY.0SURE / �\ O16TM0 ��... POKING-, \ \\ cIearw're° BEST WESTERN MARINA GATEWAY REVISIONS MI'E Oq-Mrsx °PNM it RP PMM MN4 °PCUM ID 1 0,0/P INV, 4010P UNIT. NO? 1 R CCNRNUC110N NIL50 WE100 W CONS'AVC?0N fR SHEET TITLE C.OLWPDCD SIIC PIN. MC AMNIA b CWIPMCM LW0.1 SHEET NUMBER A-1 ANTENNA N. EQUPIMENT LAYDUT [ 2 EM•a1• acue 1/1E' . ° -0. 52 15 EIR AKGEU SITE PL41, PROPOSE CLL.RMRF PMCI AND ORLTCWJ. 3I10HM5 MOUNT® SIN D WIN.% (RMAOE MALL SECTION MIN Rf ,R/NDPABPT SOWN MALL) PlrogSm 0OPMRE RP TRANBNA3EMT SCR501 MAL PROPOST =AMRE OM ANTENNA MOUNTED BEHIND POPPET PRD*0SW CISMMIPE EOW1EM CANNET VCURED On 3.-0.4,-0- ROW PAD WmNC *30 -D• 1143E B)IDINC PmPoST RI TMN*Md• SCREEN 10 BE PANTED 00 WATCH 3440130 BUILDING r �[ I rtri1n b4CE ,1 u•.JS' MAUI 1/32' - I'-O- 11'.1Y SCUF: 3/114 - �-O e , O fi' P ROPOSED EJAN/IRE PAVE AVP DIRC0TONAL ANTENNAS MOUNTED ROI Rf TR.NSPAROM SCR EEN ME.ALL�)) ON WIM PROPOSED IYEARWIRE R. 1Rw8PM0r SCREEN MALL P ROPOSED CIEAPMRE EWPMOet CABINET MDUNIFD ON J'-O'd.-O' RCO, PAD (RETIND, iA4 BUILD NC , ---PRDPoSED CIEARYRE OPS / ANTENNA MOUuTu BEHIND PA➢➢E1 .I >+I J I IL! I FINISH OR/DE SOUTH ELEVATION 12 RIMEDprennosED 1•J RMAie]� [3RCH3 R LOIOP TRANsPAPENT IOiO BC WEST ELEVA710N clearw re' 46r,.l ,tlY le I om �1ut 3. ,xwo (Vt`"' •p u BEST WESTERN MARINA GATE QNS n=moo n© 111111111111 MI MUM ct FOR CONSIRUc110N UNS33 WC. AI DONS- WM.N SET SHEET TITLE HEST AVO SON1 ELEVATIONS SHEET NUMBER A-2 23 ,03' =ALL: 3/12• • pMNS6 CLEA NIRE eµ4 µO [ARM.. MAIN. NCVMO RdlnD WIPEI. (RIDIUDD NU. SWTCN MTV W TIWISPM[M SCREW WILL) —. PRJPJEa CLEATMR[ CPS µMINNA MCUNIFD SWIHD PAwpe -— MM FRO M DINNIl[ Pr ' TRNISPM[M SM. WILL M.'eif'a^af-4++svv�aL'i w t14:• MOW N - UMUNIuIWIIN!!'IMIN ulMuillwlll EMINNII■mmum.nom - NOPOSED CLENMME EQJPM[M NOW MOUNT= n • EEXIISS11i %Mr C• it JAI —r m JI III 't_ I. MNPoSm Rs Tpµ9PMEN SCR LD B[ p4M[D h W1CX dl[TMD iVMMG 11 '.Il eGvl: 1/e.• ...�C• poopol D 0.fAR'MRC GPS �MITM MWNIC BCIHD PNMPET PNDPOSC CIPOWN NEL AND PMM ONCINNL MRSNNS UWTCW(PONCE N. NS D wrm AP MANN/ NR YNEDI ww.1 MacSm cLPMN1RE IF TPwvspARIDN EC,W WML —pMMISC 'VMMIRE O ON T WIN T II ND DINING 0D'.0• TAL SUWND NISH CNDE NORTH ELEVAIT1ON 12 I. NOPOSED NPAN= ID F NANSNANOR WI B I TIIDNICM BE EAST ELEVATION clearw're n�io.xSe�..NN.M. w1 BEST WES I ERN MARINA GA r• Lr U, NOT FOR CONSMUcnON UNLESS 4RntD AR COWSTRUCCON sLT SHEET TITLE EAS- AND NCTN [UNION SHEET NUMBER A-3 i oe• SL4D STING DATE: CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT March 16, 2010 AGENDA ITEM NO. 28 ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $61,248.53 to the City of National City for the period of 02/10/10 through 02/16/10. PREPARED BY: D. Gallegos PHONE: 619-336-4331 DEPARTMENT: Finan APPROVED BY: EXPLANATION: Effective July 1, 2008 the Community Development Commission's fiscal operations have been merged with the City of National City. In order to streamline the payment process, the City of National City pays for all expenditures for the CDC. Attached is a detailed listing of all CDC warrants paid for with the City General Funds. Staff requests approval of the reimbursement of CDC activity. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Approve the reimbursement of funds to the City of National City in the amount of $61,248.53 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Accept and File BOARD / COMMISSION RECOMMENDATION: N/A 'ACHMENTS: Warrants for the period the period of 02/10/10 through 02/16/10 +�- GAUF0RN:1A - -. PAYEE CHRISTENSEN & SPATH LLP E2 MANAGE TECH INC FEDEX GEOSYNTEC CONSULTANTS HOUSING AUTHORITY PACIFIC BUSINESS CAPITAL CORP CITY OF NATIONAL CITY WADE & ASSOCIATES SECTION 8 SECTION 8 HAPS PAYMENTS NATI. a INCORPORATED COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER #33 2/16/2010 DESCRIPTION LEGAL SERVICES JAN/2010 ENVIRONMENTAL CONS SVCS JAN/2010 EXPRESS MAIL COURIER SERVICES ENVIRONMENTAL CONS SVCS JAN/2010 REIMB-OVERPAYMENT OF PORT -IN EQUIPMENT RENTAL PETTY CASH - JAN 2010 CONSTRUCTION MANAGEMENT SERV Start Date End Date 2/10/2010 2/16/2010 CHK NO DATE 231553 2/16/10 231554 2/16/10 231555 2/16/10 231556 2/16/10 231557 2/16/10 231558 2/16/10 231571 2/16/10 231626 2/16/10 AMOUNT 100.00 34,308.16 24.79 6,935.33 1,122.57 195.00 233.34 12,163.25 A/P Total $ 55,082.44 6,166.09 GRAND TOTAL $ 61,248.53 r- CALtFORNIA + Tatt � INCORPORATED COMMUNITY DEVELOPMENT COMMISSION Warrant Register # 33 2/16/2010 502 SECTION 8 FUND 505 HOME FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 7,330.22 94.00 53, 724.31 100.00 61,248.53 TING DATE: CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT March 16, 2010 AGENDA ITEM NO. 29 ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount Of $129,887.28 to the City of National City for the period of 02/17/10 through 02/23/10 PREPARED BY: D. Galleg4)\,4_______ PHONE: 619-336-4331 DEPARTMENT: Finance APPROVED BY: EXPLANATION: Effective July 1, 2008 the Community Development Commission's fiscal operations have been merged with the City of National City. In order to streamline the payment process, the City of National City pays for all expenditures for the CDC. Attached is a detailed listing of all CDC warrants paid for with the City General Funds. Staff requests approval of the reimbursement of CDC activity. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Approve the reimbursement of funds to the City of National City in the amount of $129,887.28 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: fiance MIS STAFF RECOMMENDATION: Accept and File. BOARD / COMMISSION RECOMMENDATION: N/A 'ACHMENTS: Warrants for the period the period of 02/17/10 through 02/23/10 CALIEORNIA PAYEE BRG CONSULTING, INC D MAX ENGINEERING INC DIXIELINE BUILDERS EQUIFAX INFORMATION SVCS LOLA HAPPY BAKERY OPPER & VARCO PRUDENTIAL OVERALL SUPPLY SAN DIEGO TROLLEY INC STAPLES ADVANTAGE STEWART TITLE OF CA SECTION 8 SECTION 8 HAPS PAYMENTS TROLL Pay period 04 COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER #34 2/23/2010 Start Date 1/26/2010 DESCRIPTION DOWNTOWN SPEC PLAN !AUG 09 MARINA GATEWAY CASA FAMILIAR RENTAL REHAB PROJECT BACKGROUND -CREDIT CHECKS/SECS ECONOMIC DEVELOPMENT LOAN TOD - LEGAL SERVICE LAUNDRY SERVICES FLAGGING SERVICES MOP 45704 OFFICE SUPPLIES -HOUSING PRELIMINARY REPORT -GATEWAY SHOPPIN Start Date 2/17/2010 End Date 2/8/2010 End Date 2/23/2010 Check Date 2/17/2010 CHK NO DATE AMOUNT 231715 2/23/10 3,337.50 231716 2/23/10 1,032.50 231717 2/23/10 35,882.31 231718 2/23/10 50.77 231719 2/23/10 770.72 231720 2/23/10 1,917.00 231721 2/23/10 13.34 231722 2/23/10 18.20 231723 2/23/10 467.67 231724 2/23/10 500.00 A/P Total $ 43,990.01 2,649.83 83, 247.44 GRAND TOTAL $ 129,887.28 1 GAL/F©RNIA" z� t . C NAL INCOO �u APOAATvil COMMUNITY DEVELOPMENT COMMISSION Warrant Register # 34 2/23/2010 502 SECTION 8 FUND 505 HOME FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 24, 011.72 1,155.30 66,007.51 38,712.75 129,887.28 TING DATE: CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT March 16, 2010 AGENDA ITEM NO, 30 ITEM TITLE: Resolution of the Community Development Commission of the City of National City authorizing the Chairman to execute an agreement with the Public Financial Management (PFM) Group to provide as needed independent investment and financial advisory services from March 16, 2010 through June 30, 2012 for an amount not to exceed $40,000 PREPARED BY: Jeanette Ladrido, C PHONE: 619-336-4331 DEPARTMENT: Finance APPROVED BY: EXPLANATION: On February 15, 2010, Councilmember VanDeventer, the Community Development Executive Director, the Finance Director and the Financial Services Officer interviewed six (6) qualified financial advisory companies for both the City and Community Development Commission. Staff selected PFM to provide Financial Advisory Services for the period of March 16, 2010 through June 30, 2012. PFM's core business purpose is to provide independent investment and financial advice to state and local government agencies. In addition to bond issuances and investment of monies, PFM provides a variety of financial and strategic matters. CDC currently has $18 million in cash and investments. PFM will review the cash and investments to ensure me safety, liquidity and maximum yield of these funds. FINANCIAL STATEMENT: ACCOUNT NO. 511-404-045-213-0000 APPROVED: APPROVED: Finance MIS Funds are available in the Finance Department's Expert and Consultant Services account in an amount not to exceed $20,000 in FY 09/10 and $20,000 in FY 10/11. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Staff recommends hiring PFM as the CDC's financial advisor to include investment advisory and all areas identified in Exhibit A. BOARD / COMMISSION RECOMMENDATION: N/A 'ACHMENTS: Resolution Professional Services Agreement RESOLUTION NO. 2010 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE AN AGREEMENT WITH PUBLIC FINANCIAL MANAGEMENT GROUP TO PROVIDE FINANCIAL ADVISORY SERVICES FROM MARCH 16, 2010 THROUGH JUNE 30, 2012 FOR AN AMOUNT NOT TO EXCEED $40,000 WHEREAS, the Community Development Commission of the City of National City (CDC) desires to retain a consultant to provide financial advisory services; and WHEREAS, Public Financial Management Group (PFM) is a public finance advisory firm that is well -experienced and skilled in providing the type of services desired by the City, and is willing to enter into an agreement to provide such services in an amount not to exceed $40,000. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby authorizes the Chairman to execute an agreement in the not to exceed amount of $40,000 with Public Financial Management Group to provide financial advisory services. Said agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 16th day of March, 2010. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III City Attorney AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AND THE PUBLIC FINANCIAL MANAGEMENT GROUP, INC THIS AGREEMENT is entered into this 16TH day of MARCH, 2010, by and between the THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a municipal corporation (the "CDC"), and PUBLIC FINANCIAL MANAGEMENT, INC, a CORPORATION. RECITALS WHEREAS, the CDC desires to employ a CONSULTANT to provide financial advisory services. WHEREAS, the CDC has determined that the CONSULTANT is a Financial Advisor and is qualified by experience and ability to perform the services desired by the CDC, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CDC hereby agrees to engage the CONSULTANT and the CONSULTANT hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services required hereunder will be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. SCOPE OF SERVICES. The CONSULTANT will perform financial adivisory services, as detailed in Exhibit "A', as needed and requested by CDC. The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CDC for such services, except as authorized in advance by the CDC. The CDC may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CDC and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. 3. PROJECT COORDINATION AND SUPERVISION. Jeanette Ladrido, CPA, hereby is designated as the Project Coordinator for the CDC and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Julio Morales thereby is designated as the Project Director for the CONSULTANT. 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The tabor rates for work described in Exhibit "A" shall not exceed the rates listed in Exhibit " "B". Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice. The total compensation under this Agreement shall not exceed forty -thousand dollars ($40,000) during the term of this Agreement. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement. for inspection by the CDC and for furnishing of copies to the CDC, if requested. 5. ACCEPTABILITY OF WORK. The CDC shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due. In the event the CONSULTANT and the CDC cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the CDC or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the CDC shall each prepare a report which supports their position and file the same with the other party. The CDC shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 6. LENGTH OF AGREEMENT. The duration of this Agreement is for the period of March 16, 2010 through June 30, 2012. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT for this Project, whether paper or electronic, shall become the property of the CDC for use with respect to this Project, and shall be turned over to the CDC upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CDC and CONSULTANT thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CDC's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CDC, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CDC may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONSULTANT's written work product for the CDC's purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CDC of documents, drawings or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14 but only with respect to the effect of the modification or reuse by the CDC, or for any liability to the CDC should the documents be used by the CDC for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 2 Citys Standard Agreement - June 2008 revision 8. INDEPENDENT CONSULTANT. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANTs employees are employee of the CDC and are not entitled to any of the rights, benefits, or privileges of the CDC's employees, including but not Limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT's employees, and it is recognized by the parties that a substantial inducement to the CDC for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CDC. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or sub-CONSULTANT's, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its sub/CONSULTANT(s) shalt require the subCONSULTANT to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CDC nor its officers, agents or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT's employees except as herein set forth, and the CONSULTANT expressly agrees not to represent that the CONSULTANT or the CONSULTANT's agents, servants, or employees are in any manner agents, servants or employees of the CDC, it being understood that the CONSULTANT, its agents, servants, and employees are as to the CDC wholly independent CONSULTANTs and that the CONSULTANT's obligations to the CDC are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the Community Development Commission of the City of National City, whether now in force or subsequently enacted. The CONSULTANT, and each of its subCONSULTANT's, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement: 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT's trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONSULTANT warrants to the CDC that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or 3 Cdys Standard Agreement - June 2008 revision litigation proceedings concerning the CONSULTANT's professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CDC, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CDC otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CDC are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CDC for any increased costs that result from the CDC's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CDC setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CDC may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not discloseany part thereof without the prior written consent of the CDC. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CDC. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CDC for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify, and hold harmless the Community Development Commission of the City of National City, its officers and employees, against and from any and all liability, loss, 4 CIO Standard Agreement — June 2008 revision damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT's negligent performance of this Agreement. 16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable: and shall indemnify, and hold harmless the CDC and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CDC or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its subCONSULTANTs, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: ® A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). C. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CDC. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONSULTANT has no employees subject to the Califomia Workers' Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CDC. E. The aforesaid policies shall constitute primary insurance as to the CDC, its officers, employees, and volunteers, so that any other policies held by the CDC shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CDC of cancellation or material change. F. Said policies, except for the professional liability and workers' compensation policies, shall name the CDC and its officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the National City Risk Manager. In the event coverage is provided by non -admitted 5 Citys Standard Agreement — June 2008 revision "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the National City Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CDC may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. K. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CDC. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attomey's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attomey's fees to the prevailing party if other than the CDC shall, in addition, be limited to the amount of attorney's fees incurred by the CDC in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be bome equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CDC. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CDC for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CDC. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CDC, and the CONSULTANT shall be entitled to receive just and equitable compensation for 6 Citys Standard Agreement — June 2008 revision any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CDC by the CONSULTANT's breach, if any. Thereafter, ownership of said written material shall vest in the CDC all rights set forth in Section 6. E. The CDC further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by ovemight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CDC: To CONSULTANT: Brad Raulston Executive Director Community Development Commission Of the City of National City 1243 National City Boulevard National City, CA 91950-4301 Julio Morales Senior Managing Consultant 633 West Fifth Street, Suite 6700 Los Angeles, CA 90071 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the Community Development Commission of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying 7 City's Standard Agreement — June 2008 revision the CDC of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the Community Development Commission of National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter corning before the CDC in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CDC. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the Community Development Commission of National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CDC for all damages, costs or expenses the CDC may suffer by virtue of any violation of this Paragraph 21 by the CONSULTANT. 23. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I, Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the 8 Citys Standard Agreement — June 2008 revision opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. COMMUNITY DEVELOPMENT COMMISSION THE PUBLIC FINANCIAL MANAGEMENT OF THE CITY OF NATIONAL CITY By: Ron Morrison, Chairman By: APPROVED AS TO FORM: George H. Eiser, III City Attorney 9 GROUP, INC. (Corporation — signatures of two corpprate officers) (Partnership — one signature) tY/Jj (Sole proprfeforship — one signatu (Print) • (Title) hLa..,„J8cCi By: (Name) (Print) (Title) City's Standard Agreement - June 2008 revision Exhibit A Public Financial Management, Inc. Scope of Services • Financial Planning and Debt Management. 1) Assist and advise with the implementation of a Tong -range financial plan for the City/CDC. Development of the plan may include: a) Establishing policies and procedures; b) Identifying and evaluating objectives; c) Reviewing and analyzing cost effective alternatives for financing the City/CDC's operating and capital requirements; and d) Estimating revenue and financing requirements. 2) Assist and advise the City/CDC in managing short and long term debt programs. • Capital Budget Programming 1) Assist and advise the City/CDC with the implementation of a multi -year capital budget. Development of the budget may include: a) Establishing policies and procedures; b) Review of current and potential future revenue sources and determination of funding capacities; c) Identification of pending capital improvement expenditures; d) Identification of funding options, including "pay-as-you-go" alternatives, cash, grants and the appropriate use of debt; e) Projection of operating and maintenance costs related to proposed capital projects; and f) Examination of related fiscal and credit rating impacts_ • Debt Issue Development and Oversight. 1) Planning & Development a) Analyze alternatives for structuring the proposed financing and establishing the terms of the sale to strengthen marketability. b) Recommend the best method of sale, competitive or negotiated, considering current economic and market conditions and the character of the financing. c) Consult with rating agencies on the proposed financing and assist the City/CDC in obtaining the most favorable rating possible. d) Coordinate the work and act as a liaison with bond counsel and other professionals. 2) Marketing e) Advise on the appropriate terms and conditions of the bond sale. f) Advise on the timing of the bond sale. g) Assist in the preparing the City/CDC's Official Statements and coordinating review with the City/CDC and Bond Counsel. h) Advise the City/CDC on full disclosure requirements and conformance to suggested guidelines. i) Assist in publicizing the bond sale to develop regional public and institutional interest. j) Advise on the most appropriate formats for bidding. Exhibit B Public Financial Management, Inc. Compensation and Payment -e gates for general financial advisory services are summarized below: Title Hourly Rate Managing Director 350.00 Senior Managing Consultant 295.00 Consultant 225.00 In addition to the hourly and flat bond transaction fees and upon approval of the City, the Consultant may be reimbursed for all out-of-pocket expenses on an actual cost basis. Expenses include items such as travel, parking, meals, express mail delivery services, telephone, photocopying, outside graphic fees, etc. For individual bond transactions, PFM will work with the City to determine a not to exceed fee, plus expenses. ITEM #31 3/16/10 CLOSED SESSION REPORT (CITY ATTORNEY)