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HomeMy WebLinkAbout2010 06-22 CC CDC ADJ AGENDA PKTAgenda Of An Adjourned 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 Adjourned Regular Meeting — Tuesday — June 22, 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 CALI. Pledge of Allegiance to the Flag by Mayor Ron Morrison Public Oral Communications (Three -Minute Time Limit) NOTE: Pursuant to state law, items requiring Council or Community Development Commission action must be brought back on a subsequent Council or Community Development Commission Agenda unless they are of a demonstrated emergency or urgent nature. Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at (619) 336-4228 to request a disability -related modification or accommodation. Notification 24-hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Spanish audio interpretation is provided during Council and Community Development Commission Meetings. Audio headphones are available in the lobby at the beginning of the meetings. Audio interpretacion en espanol se proporciona durante sesiones del Consejo Municipal. Los audiofonos estan disponibles en el pasiilo al principio de la junta. Council Requests That All Cell Phones And Pagers Be Turned Off During City Council Meetings COPIES OF THE CITY COUNCIL OR COMMUNITY DEVELOPMENT COMMISSION MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.nationalcityca.gov CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 6/22/2010 - Page 2 PRESENTATIONS 1. Employee of the Month of June 2010 — Carlos Aguirre, Community Development Specialist. 2. AT&T Presentation. 3. Introduction of new Student Council Representatives, Fred Wells and Samantha Galicia. (Mayor/Council) Recognizing Christina Dickey and Michael Mendoza for their service as Student Council Representatives. (Mayor/Council) 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. 4. Approval of the Minutes of the Adjourned Regular City Council/Community Development Commission Meeting of March 9, 2010, and the Regular Meetings of May 18, 2010 and June 1, 2010. (City Clerk) 5. 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) 6. Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation of red curb "No Parking" and time -restricted parking on W. 26th Street, W. 28th Street and Southport Way, adjacent to Southport Industrial Park / Commercial Center. (TSC Item No. 2010-8) (Development Services/Engineering) CONSENT CALENDAR (cont.) 7. Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation of one white curb 3-minute passenger loading space with sign in front of the entrance to Mariposa Walk on E. 7th Street, east of R Avenue for mail carrier parking and passenger loading of residents and guests. (TSC Item No. 2010-9) (Development Services /Engineering) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 6/22/2010 - Page 3 8. Resolution of the City Council of the City of National City authorizing the City Engineer to approve restriping of the existing handicap parking area in front of the Civic Center Building located at 1243 National City Boulevard to provide standard 9-foot wide parking stalls and a 5-foot wide access aisle adjacent to the curb to improve access for disabled passengers and drivers, while providing a buffer from traffic. (TSC Item No. 2010-10) (Development Services/Engineering) 9. Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation of 60 feet of curb "No Parking" to improve sight distance at the Pinewood Apartments Driveway, located at 1104 Palm Avenue. (TSC Item No. 2010-11) (Development Services/Engineering) 10. Resolution of the City Council of the City of National City approving and authorizing the recordation of an encroachment agreement with the National City Rotary Club for the installation of flags, poles and mounts within the City reserved right-of-way of National City Boulevard from 14th Street to 33rd Street. (Development Services/Engineering) 11. Resolution of the City Council of the City of National City approving and authorizing the recordation of an encroachment agreement with the Chevron Environmental Management Company for the installation of two groundwater monitoring wells at West 8th Street and alley way between Hoover Avenue and Roosevelt Avenue. (Development Services/Engineering) 12. Resolution of the City Council of the City of National City: 1) accepting and approving the work performed by Koch -Armstrong General Engineering, Inc. for the final contract amount of $1,912,985.68, 2) filing of the Notice of Completion with the County Recorder, and 3) releasing the retention amount of $99,810.40 for the National City Street Resurfacing Project, FY 09-10. (Funded through Gas Tax, Traffic Congestion Relief, Proposition A Funds, County and CIWMB Grants) (Development Services/Engineering) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 6/22/2010 - Page 4 CONSENT CALENDAR (cont.) 13. Resolution of the City Council of the City of National City approving a contract agreement between the City and D-Max Engineering, Inc. for the not -to -exceed amount of $250,000 to provide the City with engineering and environmental services and assist implementing National Pollutants Discharge Elimination System (NPDES) Permit requirements. (Funding will be through Sewer Service Funds) (Development Services/Engineering) 14. Resolution of the City Council of the City a General Municipal Election to be held election of certain officers as required by California relating to General Law Cities. of National City calling for the holding of on Tuesday, November 2, 2010 for the the provisions of the laws of the State of (City Clerk) 15. Resolution of the City Council of the City of National City requesting the Board of Supervisors of the County of San Diego to consolidate a General Municipal Election to be held on November 2, 2010, with the Statewide General Election to be held on the same date pursuant to Section 10403 of the Election Code. (City Clerk) 16. Resolution of the City Council of the City of National City adopting regulations for candidates for elective office pertaining to candidates' statements submitted to the voters at the election to be held on Tuesday, November 2, 2010. (City Clerk) 17. Resolution of the City Council of the City of National City rescinding the former Emergency Operations Plan adopted by Resolution 98-50, adopting the City of National City Emergency Operations Plan, and approving submittal of the National City Emergency Operations Plan to the California Emergency Management Agency. (Fire) 18. Resolution of the City Council of the City of National City approving and adopting the Annual Appropriations Limit for Fiscal Year 2010-2011. (Finance) 19. Resolution of the City Council of the City of National City authorizing the Mayor to execute an agreement with ASSI SECURITY Inc. in the not to exceed amount of $175,000 to upgrade/expand the card access/alarm security system at City of National City facilities. (City Manager) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 6/22/2010 - Page 5 CONSENT CALENDAR (cont.) 20. Resolution of the City Council of the City of National City approving an Agreement of Exchange of Real Property between the City of National City and Richard Illes for properties located at 522 West 8th Street and 2020 Hoover Avenue. (Redevelopment Division) 21. Resolution of the City Council of the City of National City to become subject to the provisions of Section 20903, purchase of two additional service years for miscellaneous and safety employees. (Human Resources) 22. Resolution of the City Council of the City of National City adopting an Amended Conflict of Interest Code which incorporates by reference the Fair Political Practices Commission's Standard Model Conflict of Interest Code, and rescinding Resolution No. 2009-224. (City Attorney) 23. Resolution of the City Council of the City of National City approving and authorizing issuance of a written report pertaining to a Moratorium Ordinance prohibiting establishments dispensing marijuana for medical purposes. (City Attorney) 24. WARRANT REGISTER ft46 Warrant Register #46 for the period of 05/12/10 through 05/18/10 in the amount of $1,822,975.97. (Finance) 25. WARRANT REGISTER #47 Warrant Register #47 for the period of 05/19/10 through 05/25/10 in the amount of $1,415,646.26. (Finance) 26. National City Sales Tax Update — Fourth Quarter 2009. (Finance) PUBLIC HEARINGS 27. Public Hearing — Confirming the assessment and ordering the levy for the Landscape Maintenance No. 1 (Mile of Cars) for fiscal year 2010-2011. (Community Development) **Companion Item # 32** PUBLIC HEARINGS (Cont.) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 6/22/2010 - Page 6 28. Public Hearing — To consider amending Title 18 of the Municipal code by amending Chapters 18.10 (Zones and Zoning Map), Title 18.14 (Residential zones), 18.16 (Commercial Zones), 18.50 (Fences, Walls, and Hedges), 18.58 (Off -Street Parking and Loading), 18.62 (Signs, and Outdoor Advertising Displays), 18.88 (Mobile Homes), 18.104 (Use Groups), and 18.140 (Mixed Uses) to provide standards for the Westside Specific Plan Area. (Applicant: City) (Case File No. 2007-34 GPA, ZC, SPA, EIR). (Development Services/Planning) **Companion Item #29** ORDINANCE FOR INTRODUCTION 29. An Ordinance of the City Council of the City of National City Amending title 18 of the Municipal Code by amending Chapters 18.10 (Zones and Zoning Map), Title 18.14 (Residential Zones), 18.16 (Commercial Zones), 18.50 (Fences, Walls, and hedges), 18.58 (Off -Street Parking and Loading), 18.62 (Signs, and Outdoor Advertising displays), 18.88 (Mobile Homes), 18.104 (Use Groups), and 18.140 (Mixed Uses) to provide standards for the Westside Specific Plan Area. (Applicant: City of National City) (Case File No. 2007-34 GPA, AZ, SPA, EIR) (Development Services /Planning) **Companion Item #28** ORDINANCE FOR ADOPTION 30. An Ordinance of the City Council of the City of National City amending Title 7 of the National City Municipal Code by adding Chapter 7.34 pertaining to shopping cart containment. (Continued from Council Meeting of 04-20-10) (City Attorney) NON CONSENT RESOLUTIONS 31. Resolution of the City Council of the City of National City Council authorizing a $1,500,000 loan of Sewer Fund Undesignated Fund Balance to be repaid with Tax Increment Fund and Transnet Fund over five fiscal years at an interest rate of 0.75% that is secured by General Fund to provide additional funding for the Street Resurfacing Improvements Program. (Development Services/Eng.) **Companion Item #43** 32. Resolution of the City Council of the City of National City confirming the assessment and ordering the levy for the Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2010-2011. (Redevelopment Division) **Companion Item #27** CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA NON CONSENT RESOLUTIONS (Cont.) 6/22/2010 Page 7 33. Resolution of the City Council of the City of National City adopting the National City First -Time Homebuyer Assistance Program Manual, and authorizing the Mayor to execute a Subrecipient Agreement between the City of National City and Community HousingWorks Realty and Lending Incorporated to administer the First -Time Homebuyer Assistance Program. (Community Development Dept., Housing and Grants Division) 34. Resolution of the City Council of the City of National City, reinstating the 2008 Development Services Group fees, with adjustments to certain fees. (Development Services) 35. Resolution of the City Council of the City of National City adopting a budget for Fiscal Year 2010-2011. (Finance) NEW BUSINESS 36. Notice of Decision — Planning Commission approval of a modification to a Conditional Use Permit to extend hours of operation for the sale of alcohol, karaoke, and live entertainment at an existing restaurant located at 1615 Sweetwater Road. (Applicant: Dr. Benjamin Camacho) (Case File No. 2010-01 MCUP) (APN 563-161-65) (Development Services/Planning) 37. Notice of Decision — Planning Commission approval of a Conditional Use Permit for off -sale alcohol at a proposed grocery store at 3007 Highland Avenue. (Applicant: Bodiga Latina Corp. dba El Super) (Case File No. 2010-08 CUP) (Development Services/Planning) COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 38. Authorize the reimbursement of Community Development Commission expenditures in the amount of $230,192.54 to the City of National City for the period of 05/12/10 through 05/18/10. (Finance) CITY COUNCIUCOMMUNITY DEVELOPMENT COMMISSION AGENDA 6/22/2010 - Page 8 CONSENT CALENDAR (Cont.) 39. Authorize the reimbursement of Community Development Commission expenditures in the amount of $18,739.08 to the City of National City for the period of 05/19/10 through 05/25/10. (Finance) 40. Resolution of the Community Development Commission of the City of National City to ratify the Notice of Completion for the contract with CGP Maintenance & Construction, Inc. for the replacement of the walk-in freezer and other ancillary repairs at the National City Senior Nutrition Center and to authorize the release of $6,266.42 in final retention funds from a total contract value of $62,664.24. (Community Development Department) 41. Resolution of the Community Development Commission of the City of National City adopting the Morgan Tower and Kimball Tower Budgets for Fiscal Year 2010-2011. (Community Development) NON CONSENT RESOLUTIONS 42. Resolution of the Community Development Commission of the City of National City adopting a budget for Fiscal Year 2010-2011. (Finance) 43. Resolution of the Community Development Commission of the City of National City authorizing the expenditure of $771,250 in Tax Increment Funds for the Fiscal Year 2010-2011 Street Resurfacing Program. (City Manager) **Companion Item #31** STAFF REPORTS 44. Update on soccer related events. (Community Services) 45. General Plan Update. 46. Closed Session Report. (City Attorney) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 6/22/2010 - Page 9 MAYOR AND CITY COUNCIL ADJOURNMENT Regular City Council and Community Development Commission Meeting — Tuesday — July 6, 2010 — 6:00 p.m. Council Chambers — National City, California. MEMORANDUM June 8, 2010 TO Chris Zapata, Cit anager FROM Stacey Stevens man Resources Director SUBJECT - EMPLOYE F 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 June 2010 is Carlos Aguirre — Community Development Specialist By copy of this memo, the employee is invited to attend the Council meeting on Tuesday, June 22, 2010 to be recognized for his achievement and service. Attachment cc: Carlos Aguirre Alfredo Ybarra — Community Development Manager Brad Raulston — CDC Executive 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. 12'h Street, Suite A, National City, CA 91950-3312 619/336-4300 Fax 619/336-4303 www.nationalcityca.gov CA I nominate Nominated b Signa City of National City Performance Recognition Award Nomination Form cc . 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. RECZivEI JUN 0 8 200 HUy 7rt.(4.,v,r. AN RESnRC�.�T fC nE'4RTMEN, tt n `ZteLQV ` Lo Las eaorne \J"D `sue PF FORWARD COMPLETED NOMINATION TO: National City Performance Recognition Program Human Resources Department Date: -�reaVs I nominate City of National City Performance Recognition Award Nomination Form 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. FORWARD COMPLETED NOMINATION TO: Nominated by: National City Performance Recognition Program Human Resources Department Signature: Date: ITEM #2 6/22/10 AT&T PRESENTATION 1'1tL1 1 - h//.1 lU ITEM #3 6/22/10 RECOGNIZING CHRISTINA DICKEY AND MICHAEL MENDOZA FOR THEIR SERVICE AS STUDENT COUNCIL REPRESENTATIVES INTRODUCTION OF NEW STUDENT COUNCIL REPRESENTATIVES, FRED WELLS AND SAMANTHA GALICIA (MAYOR/COUNCIL) YY',4";.,y• y . A L _ JRN,ItA • IIONAL 11c:31r:3W 1111C on,ppirxtED CertifiCate IJ CHRIS ANO-APP iEIT . - coyTA ERVICE ASA TIVE l4RTICOATION • • A1e;andra Soteia;Solis V}ce4Mayor' Jess, .Van Deventer Coflncflnrerrber. ITEM #4 6/22/10 APPROVAL OF THE MINUTES OF THE ADJOURNED REGULAR CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION MEETING OF MARCH 9, 2010, AND THE REGULAR MEETINGS OF MAY 18, 2010 AND JUNE 1, 2010. (CITY CLERK) ITEM #5 6/22/19 OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 Michael R. Dalla, CMC - City Clerk 619-336-4228 phone • 619-336-4229 fax To: Honorable Mayor and Council From: Michael R. Dalla, City Clerk Subject: Ordinance Introduction and Adoption 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." CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 22, 2010 AGENDA ITEM NO. 6 FEM TITLE: Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation of red curb "No Parking" and time -restricted parking on W. 26th Street, W. 28th Street and Southport Way, adjacent to Southport Industrial Park / Commercial Center (TSC Item No. 2010-8) PREPARED BY: Stephen Manganiello, Traffic Engineer h i DEPARTMENTDeve1 PHONE: 619-336-4382 APPROVED BY: EXPLANATION: See attached. ces/Eng. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: At their meeting on May 12, 2010 the Traffic Safety Committee approved the staff recommendation to install red curb "No Parking" and time -restricted parking. ATTACHMENTS: :xplanation & Exhibit _. _Zesolution 3. Staff Report to the Traffic Safety Committee (May 12, 2010) Explanation Ms. Jennifer Freedman, representing C.I.P. Venture, owner of the Southport Industrial Park / Commercial Center, has requested red curb "no parking" to improve sight distance at driveways and intersections, and time restricted parking to reduce vehicle storage on W. 26th Street, W. 28th Street and Southport Way, adjacent to the property. On Monday, March 29, 2010 staff met with Ms. Freedman and representatives from Asset Management Group (AMG), the property manager, to get a better understanding of the issues. According to AMG, heavy vehicles often park on the streets adjacent to the property for extended periods of time, thereby taking away parking from customers. Some heavy vehicles are stored overnight or leave trailers detached and unattended. Some heavy vehicles also park very dose to driveways making it difficult to see oncoming traffic when attempting to exit the driveways. AMG also has concerns that specific motor carriers are operating businesses from their vehicles parked in the street. Staff evaluated the site and observed heavy vehicles parked on the streets in question. Staff recommends the following enhancements on W. 26th Street, W. 28th Street and Southport Way, adjacent to Southport Industrial Park / Commercial Center to reduce vehicle storage, increase parking turnover for customers, and improve sight distance at intersections and project driveways: 1) Install 3 feet to 10 feet of red cub "No Parking" at project driveways and intersections. 2) Install 4-hour time restricted parking signs in combination with "No Parking, 2AM to 4AM" signs. All work will be completed by the City Public Works Department. TSC 2010-8 RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO APPROVE INSTALLATION OF RED CURB "NO PARKING" AND TIME -RESTRICTED PARKING ON WEST 26TH STREET, WEST 28TH STREET, AND SOUTHPORT WAY, ADJACENT TO SOUTHPORT INDUSTRIAL PARK/COMMERCIAL CENTER WHEREAS, Jennifer Freedman, representing C.I.P. Venture, owner of the Southport Industrial Park/Commercial Center, has requested red curb "No Parking" to improve sight distance at driveways and intersections, and time -restricted parking to reduce heavy vehicle storage and extended parking on West 26th Street, West 28th Street, and Southport Way, adjacent to the property; and WHEREAS, after inspecting the site, staff recommends the installation of three feet to ten feet of red curb "No Parking" at project driveways and intersections, and the installation of four-hour time restricted parking signs in combination with "No Parking 2AM to 4AM" signs; and WHEREAS, at it's meeting on May 12, 2010, the Traffic Safety Committee approved staffs recommendation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Engineer to approve the installation of three feet to ten feet of red curb "No Parking", and the installation of four-hour time restricted parking signs in combination with "No Parking 2AM to 4AM" signs west of 26th Street, west of 28th Street, and Southport Way, adjacent to Southport Industrial Park/Commercial Center. PASSED and ADOPTED this 22nd day of June, 2010. ATTEST: Mike Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Ron Morrison, Mayor A 300 W. 28th INTERSTATE 5 2702 SOUTHPORT WAY 2626 SOUTHPORT WAY 111111111W1111111111111111 11111111F1111lll] SOUTHPORT WAY 301 W. 28th A IS 101 - 102 2700 HOOVER AVE 2602 HOOVER AVE. -11 Ifi'I 11 111 1V 111111 111111'1111111111 11 f — S P.- . Ne 1111111111111 2530 SOUTHPORT WAY 00 D FFE;C 303 W. 26th HOOVER AVENUE 2525SOUTHPORT WAY 111 11111r id2434 SOUTHPORT WAY 424 MU OF CARS WAY m�--�" Lu !mini ! licrom IQirm ��__JIIIIIIIL SOD MILE OF CARS WAY 500 HOOVER AVER SOUTHPORT INDUSTRIAL / COMMERCIAL CENTER NATIONAL CITY, CALIFORNIA 2424 HOOVER AVE. 404 MU OF CARS WA -9) SUN+ lam 1 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR MAY 12, 2010 ITEM NO. 2010-8 ITEM TITLE: REQUEST TO INSTALL RED CURB "NO PARKING" AND TIME RESTRICTED PARKING ON W. 26TH STREET, W. 28TH STREET AND SOUTHPORT WAY, ADJACENT TO SOUTHPORT INDUSTRIAL PARK / COMMERCIAL CENTER (BY C.I.P. VENTURE) PREPARED BY: Stephen Manganiello, Engineering Department DISCUSSION: Ms. Jennifer Freedman, representing C.I.P. Venture, owner of the Southport Industrial Park / Commercial Center, has requested red curb "no parking" to improve sight distance at driveways and intersections, and time restricted parking to reduce vehicle storage on W. 26"' Street, W. 28th Street and Southport Way, adjacent to the property. On Monday, March 29, 2010 staff met with Ms. Freedman and representatives from Asset Management Group (AMG), the property manager, to get a better understanding of the issues. According to AMG, heavy vehicles often park on the streets adjacent to the property for extended periods of time, thereby taking away parking from customers. Some heavy vehicles are stored overnight or leave trailers detached and unattended. Some heavy vehicles also park very close to driveways making it difficult to see oncoming traffic when attempting to exit the driveways. AMG also has concerns that specific motor carriers are operating businesses from their vehicles parked in the street. Staff evaluated the site and observed heavy vehicles parked on the streets in question. STAFF RECOMMENDATION: Staff recommends the following enhancements on W. 26th Street, W. 28th Street and Southport Way, adjacent to Southport Industrial Park / Commercial Center to reduce vehicle storage, increase parking turnover for customers, and improve sight distance at intersections and project driveways: 1) Install 3 feet to 10 feet of red cub "No Parking" at project driveways and intersections. 2) Install 4-hour time restricted parking signs in combination with "No Parking, 2AM to 4AM" signs. EXHIBITS: 1. Correspondence 2. Location Map 3. Photos 4. Exhibit 2010-8 2 Stephen Manganiello From: Jennifer Freedman [Jennifer@jifapc.comj Sent: Wednesday, March 17, 2010 2:41 PM Stephen Manganiello; jolson@nationalcity.gov Oct: Southport Industrial Park / Commercial Center Dear Mr. Manganiello and Mr. Olson — Our office represents C.I.P. Venture, a California limited partnership, the owner of the Southport Industrial Park / Commercial Center (the "Center") located in National City, California. The Center is bordered by the 5 freeway on the west, Hoover Ave. to the east., Mile of Cars Way to the north, and the railroad spur behind West 28th Street to the south. The Center is managed by Asset Management Group ("AMG"). 1 understand that you have been in contact with Jan Biritz, who is an employee of AMG and an assistant property manager for the Center. As Ms. Biritz has informed you, multiple vans and 18-foot commercial trailers (some unattached and others hooked to a truck) have been parking directly in front of the Center, on 28th Street (one -side), 26th Street (one -side), and Southport Way (both -sides), on a daily basis, all day long. This has gone on for quite some time. It appears that the individuals occupying the vehicles are conducting business while parked on the street. Many, if not all, of the vans are white with "Martinez Transportation" labeled on their sides. Based upon their pattern of conduct, it appears that vehicles are parked on the street 24 hours a day. During the night, the vans are fueled by Martinez Transportation directly on the street. In the morning, the individuals leave their personal vehicles on the street and then drive off in the vans. Around 3:00 p.m. in the afternoon, the individuals return the vans, park them on the streets, and then drive off in personal vehicles. With the nature of the business being conducted by Martinez Transportation, ldividuals constantly have vehicles parked along the streets (whether personal vehicles, vans, and trailers both unattached and attached to a truck). Merely prohibiting unattached trailers from being parked on the streets for more than three (3) hours will not resolve this problem. As you can imagine, the presence and accumulation of dozens of vans and trailers at the locations indicated above have created serious issues. First and foremost, they have created a traffic safety concern both on the streets themselves and for vehicles entering and exiting the Center. For example, when vehicles turn into the Center, their radius is compromised thereby creating a risk of liability. The presence of so many vehicles has also created an unsightly and cluttered image to the Center and constitutes a hindrance to the tenants, the customers, and the owner/property manager. We understand that both of you handle different aspects related to these matters. Mr. Manganiello apparently handles issues related to parking enforcement whereas Mr. Olsen addresses issues relating to the unauthorized operation of a business. Given that the issues are intertwined in the present case, a collective effort on behalf of the City is required to resolve this situation. Based upon the foregoing, we hereby request that the City take immediate action to rectify the present matter based upon the potential safety risks involved. Your prompt attention is appreciated. Sincerely, fer Freedman Jennifer 1. Freedman, Esq. 3 5/11/2010 i i • 0 INTERSTATE 5 1� B rn A 300 W. 28th A 5 0 2702 SOUTHPORT WAY 111111111 W111111111111111I A 8 0 E F 2626 SOUTHPORT WAY 11111111FIlllllI. SOUTHPORT WAY �IIIIIIIIIIIIIIIIIIIIIIII IrMir INN . I M�14 M R 301 W 28th I 1111 OEMS 0®aM pig IMP 0 W, A B 101 — 102 11--1 r -, .--•rt 2700 HOOVER AVE 2602 HOOVER AVE, ll�`IIIIIII�'Illillf 1111l .11111111 IIf� G r II!II!II'illlHl) 11111 I Ip 0 2530 SOUTHPORT WAY IIIIII IR'fl III1�°� 10111.11111 2525SOUTHPORT WAY 11 1 11111111I 1/J H 0 E A L 303 W. 26th 1 `1111111111J 2500 HOOVER AVE= HOOVER AVENUE 500 MILE OF CARS WAY —.w t mairme 1� lorsomme 1aZiam �� IIIIIIIL Illir 2434 SOUTHPORT WAY 424 .r = 2424 HOOVER AVE SOUTHPORT INDUSTRIAL / COMMERCIAL CENTER NATIONAL CITY, CALIFORNIA A 5 C 24 4 HOOVER AVE, J LE OF CARS WAY 404 ME OF CARS WAY 1.0 1 400 MILE OF CARS WA 1:1 W. 28th Street, west of Hoover Avenue (looking west) W. 26th Street, west of Hoover Avenue (looking east) 5 Southport Way between W. 26th Street and W. 28th Street (looking north) 6 300 W, 28th d INTERSTATE 5 1111! 11111 i l l 2702 SOUTHPORT WAY 2626 SOUTHPORT WAY 1111111IIA°I11111111111111f 1111111WIIIIIII? SOUTHPORT WAY III 11111;111111111111111 W: 28th B 101 I 102 "fl- --t -2700 HOOVER AVE 2602 HOOVER AVE, 111wf1ul�°I11111f 111IITt11111111i11I HOOVER AVENUE ■ 2530 SOUTHPORT WAY 2525 SOUTHPORT WAY 111111111E I/J H F E A JIII I lIL 2500 HOOVER AVE SOUTHPORT INDUSTRIAL / COMMERCIAL CENTER NATIONAL CITY, CALIFORNIA 500 MILE OF CARS WAY 1434 SOUTHPORT IIIIIIIIL WAY 424 MILE OF CARS WAY 2424 HOOVER AVE Jv3 30 311W CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 22, 2010 AGENDA ITEM NO. 7 EM TITLE: Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation of one white curb 3-minute passenger loading space with sign in front of the entrance to Mariposa Walk on E. 7th Street, east of R Avenue for mail carrier parking and passenger loading of residents and guests (TSC Item No. 2010-9) PREPARED BY: Stephen Manganiello, Traffic Engineer/{ l+ DEPARTMENT:Develo;i*ices/Eng. PHONE: 619-336-4382 APPROVED BY• EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: At their meeting on May 12, 2010 the Traffic Safety Committee approved the staff recommendation to install one white curb 3-minute passenger loading space with sign. ATTACHMENTS: Explanation Resolution 3. Staff Report to the Traffic Safety Committee (May 12, 2010) Explanation Mrs. Ditas Yamane, manager of the Mariposa Walk Home Owners Association, has requested white curb passenger loading in front of the entrance on E. 7th Street, east of R Avenue to satisfy the requirements of the U.S. Postal Service (USPS) to provide mail carrier parking for direct access to the mailboxes. The white curb space may also be used for passenger loading of residents and guests. Staff recommends installation of one white curb 3-minute passenger loading space with sign in front of the entrance to Mariposa Walk on E. 7th Street, east of R Avenue for mail carrier parking and passenger loading of residents and guests. All work will be completed by the City Public Works Department. TSC 2010-9 RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO APPROVE THE INSTALLATION OF ONE WHITE CURB THREE -MINUTE PASSENGER LOADING SPACE WITH SIGN IN FRONT OF THE ENTRANCE TO MARIPOSA WALK ON EAST 7TH STREET, EAST OF R AVENUE FOR MAIL CARRIER PARKING AND PASSENGER LOADING OF RESIDENTS AND GUESTS WHEREAS, Ditas Yamane, manager of the Mariposa Walk Homeowners Association, has requested white curb passenger loading in front of the entrance to Mariposa Walk on East 7th Street, east of R Avenue to satisfy the requirements of the U.S. Postal Service (USPS) to provide mail carrier parking for direct access to the mailboxes, which may also be used for passenger loading of residents and guests; and WHEREAS, after inspection of the site, staff recommends the installation of one white curb three -minute passenger loading space with sign in front to the entrance to Mariposa Walk on East 7th Street, east of R Avenue; and WHEREAS, at it's meeting on May 12, 2010, the Traffic Safety Committee approved staff's recommendation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Engineer to approve the installation of one white curb three -minute passenger loading space with sign in front of the entrance to Mariposa Walk on East 7th Street, east of R Avenue for mail carrier parking and passenger loading of residents and guests. PASSED and ADOPTED this 22nd day of June, 2010. ATTEST: Mike Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Ron Morrison, Mayor 2 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR MAY 12, 2010 ITEM TITLE: ITEM NO. 2010-9 REQUEST TO INSTALL ONE, 3-MINUTE PASSENGER LOADING SPACE WITH SIGN IN FRONT OF THE ENTRANCE TO MARIPOSA WALK ON E. 7T" STREET, EAST OF R AVENUE (BY D. YAMANE) PREPARED BY: Stephen Manganiello, Engineering Department DISCUSSION: Mrs. Ditas Yamane, manager of the Mariposa Walk Home Owners Association, has requested white curb passenger loading in front of the entrance on E. 7`h Street, east of R Avenue to provide U.S. Postal Service (USPS) mail carrier parking to access the mailboxes. The white curb space may also be used for passenger loading of residents and guests. A copy of the LISPS requirements is attached. STAFF RECOMMENDATION: Staff recommends installation of one white curb 3-minute passenger loading space with sign in front of the entrance to Mariposa Walk on E. 7"' Street, east of R Avenue for mail carrier parking and passenger loading of residents and guests. EXHIBITS: 1. Correspondence 2_ Location Map 3. Photo 2010-9 1 Stephen Manganiello From: Ditas Yamane [ditasyamane@cox.netj Sent: Thursday, May 06, 2010 4:40 AM Stephen Manganiello Ct. 'NCRS' Subject: RE: Request for white curb passenger loading Steve Manganiello Traffic Engineer City of National City RE: Parallel Parking on R Avenue and White Curb — Passenger Loading at the mailboxes/entry of the Mariposa Walk Development, a 34-unit condominiums Dear Steve, Thank you very much for taping time to do an ocular inspection regarding Mariposa Walks Community's request for a parallel street parking on R Avenue and a loading zone at the mailbox/entry to the Mariposa Walk Development. As per your guidance, I have informed the community that parallel parking is not possible because the street does not allow for the required measurement. This is to follow up on the request to have a "white curb passenger loading" at the mailboxes/entry of the Mariposa Walk Community — to prevent from long term parking and have a better access to the mailboxes and entry to the community's courtyard. F se be informed that as per guidance from the fire marshal and confirmed by you during your inspection, we have painted the curbs red to prevent from blocking handicap access and in case of emergency, fire truth access. Should you have any questions, please feel free to call. Thank you very much for your kindness. Sincerely, Ditas Yamane MWHOA Management Tel: (619) 474-2500 San Diego District UNITED STATES i� POSTAL. SERVICE Quick reference Postal requirements: Postal approval will be needed before mail service will be extended or continued to any new delivery, new resident, renovated building or buildings, change in delivery, delivery equipment or delivery point. 2. Vertical box are approved only for replacement, but will not be approved if building or housing is being renovated_ You must also include a 36" overhang, out going box, and parcel lockers and be within 25' of sidewalk. Renovated buildings must meet current requirements 3. NDCBU's and door slots for residential are not approved. CBU's and 4c mailboxes are approved for all deliveries. 4. All mailboxes must meet Postmaster General Approval and large enough to handle your daily mail volume. You will also need a locking outgoing box. 5. Parcel lockers required for central delivery. (one per 10 deliveries) 6. Mail equipment must be installed and visible off the street that it is addressed and not up or down any stairs or elevators. 7. Lay out of mail equipment must be approved by the Postal Service. 8. All secondary addressing must meet Postal approval. All boxes are required to be in numeric order. (No alpha or alpha numeric addressing) 9. Assigned Parking within 25' of mailboxes. 92101 25' from property line. (Measurement is based on path carrier will travel from parking place to first mailbox) Or 25' white curb for parallel parking on street. 10. Striped or sign for pull in parking on private property may be required. 11. Signs on doors or in lobby's may be required 12. Road ways or line of travel must be a minimum of 24' curb to curb. 13. 6-day access to mailboxes for delivery is required. 14. Override or key keeper for locked entrances. This is intended as a quick reference only, please contact Operation Programs at 858-674-0509 for any question you may have or approvals. TONY PERNA 11251 RANCHO CARMFL DR 4261 SAN DIEGO CA92199-9334 (858) 674-0509 FAx (650) 577-4687 EMAIL: TONY RPERNA{(USPS GOV 3 Location Map Entrance to Mariposa Walk on E. 7`r' St., east of R Ave. (looking south) 5 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 22, 2010 AGENDA ITEM NO. 8 EM TITLE: Resolution of the City Council of the City of National City authorizing the City Engineer to approve restriping of the existing handicap parking area in front of the Civic Center Building located at 1243 National City Boulevard to provide standard 9-foot wide parking stalls and a 5-foot wide access aisle adjacent to the curb to improve access for disabled passengers and drivers, while providing a buffer from traffic (TSC Item No. 2010-10) PREPARED BY: Stephen Manganiello, Traffic EngineerP0 DEPARTMENT: Develop. - ces/Engineering PHONE: 619-336-4382 APPROVED BY:Div' ,� EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: At their meeting on May 12, 2010 the Traffic Safety Committee approved the staff recommendation to restripe the existing handicap parking area to improve access for disabled passengers and drivers. ATTACHMENTS: Explanation & Exhibit L. resolution 3. Staff Report to the Traffic Safety Committee (May 12, 2010) Explanation At the March 18, 2010 meeting of the Parks & Recreation Senior Advisory Board (PRAB), members expressed concerns about handicap parking on National City Boulevard in front of the pedestrian bridge to the Civic Center Building, located at 1243 National City Boulevard. Staff evaluated the site and observed that only a 6-foot wide curb cut-out is provided for handicap parking. The curb is painted blue, however no striping is provided to delineate individual parking spaces. Staff presented recommendations to PRAB at their April 15, 2010 meeting. The recommendations included restriping the existing handicap parking area to provide standard 9-foot wide parking stalls and a 5-foot wide access aisle adjacent to the curb. Two, 11-foot wide travel lanes will be provided for thru traffic. The restriping will improve access for disabled passengers and drivers, while providing a buffer from traffic. PRAB voted unanimously in support of the improvements. Staff recommends restriping the existing handicap parking area to provide standard 9-foot wide parking stalls and a 5-foot wide access aisle adjacent to the curb to improve access for disabled passengers and drivers, while providing a buffer from traffic. All work will be completed by the City Public Works Department. TSC 2010-10 RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO APPROVE RESTRIPING OF THE EXISTING HANDICAP PARKING AREA IN FRONT OF THE CIVIC CENTER BUILDING LOCATED AT 1243 NATIONAL CITY BOULEVARD TO PROVIDE STANDARD NINE -FOOT WIDE PARKING STALLS AND A FIVE-FOOT ACCESS AISLE ADJACENT TO THE CURB TO IMPROVE ACCESS FOR DISABLED PASSENGERS AND DRIVERS WHILE PROVIDING A BUFFER FROM TRAFFIC WHEREAS, at the March 18, 2010 meeting of the Parks and Recreation Senior Advisory Board (PRAB), members expressed concerns about the handicap parking on National City Boulevard in front of the pedestrian bridge to the Civic Center Building located at 1242 National City Boulevard; and WHEREAS, staff evaluated the site and observed that only a six-foot wide curb cut-out is provided for handicap parking, and although the curb is painted blue, there is no striping provided to delineate individual parking spaces; and WHEREAS, staff's recommendations presented to PRAB at their April 15, 2010 meeting included 1) restriping the existing handicap parking area to provide standard nine -foot wide parking stalls; 2) a five-foot wide access aisle adjacent to the curb; and 3) two 11-foot wide travel lanes for thru traffic; and WHEREAS, PRAB voted unanimously to support the improvements that will improve access for disabled passengers and drivers, while providing a buffer from traffic; and WHEREAS, at it's meeting on May 12, 2010, the Traffic Safety Committee approved staff's recommendations to restripe the existing handicap parking area. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Engineer to approve the restriping of the existing handicap parking area in front of the Civic Center Building located at 1242 National City Boulevard to provide standard nine -foot wide parking stalls and a five-foot wide access aisle adjacent to the curb to improve access for disabled passengers and drivers while providing a buffer from traffic. PASSED and ADOPTED this 22nd day of June, 2010. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Mike Dalla, City Clerk George H. Eiser, III City Attorney Recommended Improvements Civic Center Building 1243 National City Blvd Two Handicap Parking Spaces (22'x9') w/ 5' wide 1 3 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR MAY 12, 2010 ITEM NO. 2010-10 ITEM TITLE: REQUEST TO ENHANCE HANDICAP PARKING ON NATIONAL CITY BOULEVARD IN FRONT OF THE PEDESTRIAN BRIDGE TO THE CIVIC CENTER BUILDING LOCATED AT 1243 NATIONAL CITY BOULEVARD (BY PARKS & RECREATION SENIOR ADVISORY BOARD) PREPARED BY: Stephen Manganiello, Engineering Department DISCUSSION: At the March 18, 2010 meeting of the Parks & Recreation Senior Advisory Board (PRAB), members expressed concerns about handicap parking on National City Boulevard in front of the pedestrian bridge to the Civic Center Building, located at 1243 National City Boulevard. Staff evaluated the site and presented recommendations to PRAB at their April 15, 2010 meeting. The recommendations included restriping the existing handicap parking area to provide standard 9-foot wide parking stalls and a 5- foot wide access aisle adjacent to the curb. The restriping will improve access for disabled passengers and drivers, while providing a buffer from traffic. PRAB voted unanimously in support of the improvements. STAFF RECOMMENDATION: Staff recommends restriping the existing handicap parking area to provide standard 9- foot wide parking stalls and a 5-foot wide access aisle adjacent to the curb to improve access for disabled passengers and drivers, while providing a buffer from traffic. EXHIBITS: 1. Correspondence 2. Location Map 3. Photo 4. Exhibit 2010-10 2 RECElVEU ENGINEERING DEPT.. 2010 PR 21 A II: 3b April 26, 2010 To: Steve Manganiello, Traffic Engineer Re: Handicap Access in Front of City Hall At the March 18, 2010 meeting of the Parks & Recreation and Senior Advisory Board (PRAB), the Board expressed concern about the handicap access area in front of the Civic Center bridge on National City Blvd. Engineering staff was on hand that day to review the problem area, take notes, answer questions and discuss possible options. As agreed, Engineering staff did the necessary research and made a formal presentation to the PRAB Board at their next meeting on April 15, 2010. As voted on by the Board, I am submitting this letter on their behalf to let you know that the PRAB Board supports the presented plan to widen the handicap pocket, and create a pathway to access the ramp. If you have any questions, please let me know. Thanks. Sincerely, Brenda E. Hodges, C.P.M. Community Services Director bhodges annationalcitvca.gov CC via Email: PRAB Board Members Leslie Deese, Asst. City Manager Maryam Babaki, City Engineer COMMUNITY SERVICES DEPARTMENT 140 E. 12th Street, Suite `B", National City CA 91950 Ph (619)336-4290 Fax (619)336-4292 www.nationalcityca.gov 3 Location Map Civic Center Building 1243 National City Blvd 4 Handicap Parking at 1243 National City Blvd. (looking north) 5 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 22, 2010 AGENDA ITEM NO. 9 fEM TITLE: Resolution of the City Council of the City of National City authorizing the City Engineer to approve installation of 60 feet of red curb "No Parking" to improve sight distance at the Pinewood Apartments Driveway, located at 1104 Palm Avenue (TSC Item No. 2010-11) PREPARED BY: Stephen Manganiello, Traffic Engineer Al- DEPARTMENT: De PHONE: 619-336-4382 APPROVED EXPLANATION: See attached. Services/Eng. ♦ FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: L I Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: At their meeting on May 12, 2010 the Traffic Safety Committee approved the staff recommendation to approve installation of 60 feet of red curb "No Parking" to improve sight distance. ATTACHMENTS: Explanation .....Resolution 3. Staff Report to the Traffic Safety Committee (May 12, 2010) Explanation Mr. Don Quiambao, resident of Pinewood Apartments, located at 1104 Palm Avenue, requested red curb "No Parking" to improve sight distance at the driveway on Palm Avenue. Mr. Quiambao stated that he was almost involved in several collisions with oncoming traffic due to travel speeds and impaired visibility from parked vehicles and the hill located north of the driveway. Ms. B. Laura Sanchez, property manager, also provided a letter of support for the red curb "No Parking". Staff visited the site and observed that parked vehicles and a vertical curve located north of the Pinewood Apartment driveway obscure drivers' line of sight. Staff recommends installation of 60 feet of red curb "No Parking" to improve sight distance at the Pinewood Apartments Driveway, located at 1104 Palm Avenue. The red curb would extend from the driveway to the north. Existing red curb is already provided from the driveway to the south. All work will be completed by the City Public Works Department. TSC 2010-11 RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO APPROVE INSTALLATION OF 60 FEET OF RED CURB "NO PARKING" TO IMPROVE SIGHT DISTANCE AT THE PINEWOOD APARTMENTS DRIVEWAY, LOCATED AT 1104 PALM AVENUE WHEREAS, Dori Quiambao, resident of Pinewood Apartments located at 1104 Palm Avenue, requested red curb "No Parking" at the driveway on Palm Avenue to improve sight distance which is impaired due to parked vehicles and the hill located north of the driveway; and WHEREAS, a letter of support for the red curb "No Parking" was also provided by Laura Sanchez, the property manager of Pinewood Apartments; and WHEREAS, after inspecting the sight, staff recommends the installation of 60 feet of red curb "No Parking" adjacent to the driveway at 1104 Palm Avenue; and WHEREAS, at it's meeting on May 12, 2010, the Traffic Safety Committee approved staffs recommendation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Engineer to approve the installation of 60 feet of red curb "No Parking" adjacent to the driveway of Pinewoods Apartments located at 1104 Palm Avenue to improve sight distance which is impaired due to parked vehicles and the hill located north of the driveway. PASSED and ADOPTED this 22nd day of June, 2010. Ron Morrison, Mayor ATTEST: Mike Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 4 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR MAY 12, 2010 ITEM TITLE: ITEM NO. 2010-11 REQUEST TO INSTALL RED CURB "NO PARKING" TO IMPROVE SIGHT DISTANCE AT THE PINEWOOD APARTMENTS DRIVEWAY LOCATED AT 1104 PALM AVENUE (BY B. SANCHEZ & D. QUIAMBAO) PREPARED BY: Stephen Manganiello, Engineering Department DISCUSSION: Mr. Don Quiambao, resident of Pinewood Apartments, located at 1104 Palm Avenue, requested red curb "No Parking" to improve sight distance at the driveway on Palm Avenue. Mr. Quiambao stated that he was almost involved in several collisions with oncoming traffic due to travel speeds and impaired visibility from parked vehicles and the hill located north of the driveway. Ms. B. Laura Sanchez, property manager, also provided a letter of support for the red curb "No Parking". Staff visited the site and observed that parked vehicles and a vertical curve located north of the Pinewood Apartment driveway obscure drivers' line of sight. STAFF RECOMMENDATION: Staff recommends installation of 60 feet of red curb "No Parking" to improve sight distance at the Pinewood Apartments Driveway, located at 1104 Palm Avenue. EXHIBITS: 1. Correspondence 2. Location Map 3. Photos 2010-11 1 PINEWOOD APARTMENTS 1104 PALM AVE. #49 NATIONAL CITY, CA. 91950 April 14, 2010. City of National City Engineering Department Stephen Manganiello Traffic Engineer. RE: "No Parking" red curb extension. Dear Mr. Manganiello: rift EiVELJ ENGIAtE�4f1IG DEPT. 101QAPR 19 A10:43 Thank you very much for replying to Mr. Quiambao concerns. Ile is one of our residents and his petition is shared among all residents in this complex. 1t is true that driving out of our parking lot requires a lot of care and it is dangerous. The cars parked along the street block the view of the traffic. With our limited means. we installed a couple of times traffic mirrors to watch the curb, but eventually the mirror gets damaged or stolen. Besides, when a tall car is parked at the beginning of the curb, the mirror is not a big help. Anyway a replacement mirror has been ordered and will be installed again. That is why having the red curb "No parking" area extended, will highly benefit safety for both drivers corning out of the parking lot as well as vehicles driving by Palm Ave. Once again, thank you for taking this matter into consideration. Respectfully - yours, B. Laura San`che' z Resident Manager 2 Stephen Manganiello From: Engineering Sent: Monday, April 05, 2010 1:38 PM Stephen Manganiello ct: FW: Blind Corner From: Don Q[mailto:donsandiego_1@yahoo.com] Sent: Monday, April 05, 2010 12:41 PM To: Engineering Subject: Blind Corner Hi Steve, I'm Don Quiambao, residence of Pineswood Apartment at 1104 Palm Ave National City CA 91950. We would like to address a very concerning safety issue and maybe you can help us out. We have a side driveway on our apartment complex that leads to the parking lots located at the back. Going out from the parking lots to the main road ( Palm Ave ) is very dangerous. Thera are cars parked on the left side of the street blocking the view of incoming vehicles and most of the time this incoming vehicles are running so fast. There is an existing short red line on the left side of this gutter as driving out from the parking Tots, but it's not long enough. I personally, almost got hit by incoming cars about 5 times. We hope that your department can do something about this. Don Quiambao `67-8283 1 Palm Ave National City,CA 91950 4/6/2010 Location Map Pinewood Apartments Driveway, 1104 Palm Ave. (looking northwest) Pinewood Apartments Driveway, 1104 Palm Ave. (looking north) 5 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 22, 2010 AGENDA ITEM NO. 110 'EM TITLE: Resolution of the City Council of the City of National City approving and authorizing the recordation of an encroachment agreement with the National City Rotary Club for the installation of flags, poles and mounts within the city reserved right-of-way of National City Boulevard from 14th Street to 33`d Street PREPARED BY: Charles Nissley PHONE: 336-4396 EXPLANATION: DEPARTMENT: Development rvices/ Engi sion APPROVED B On May 18, 2010 the City Council approved a temporary use permit for the National City Rotary Club to place flags along the National City Mile of Cars within the city reserved right-of-way. The flags are proposed to be placed in the medians and parkway areas of the street for Memorial Day, Independence Day, Flag Day, Labor Day and Veterans Day. The flags will be placed two days prior to and be removed two days after each of the holidays listed above. As a requirement the National City Rotary Club has been required to enter into an encroachment agreement with the City of National City for the installation of the pole mounts, the poles and the flags. The National City Rotary Club also requested and was granted a waiver of all fees for the TUP and Encroachment Agreement by the City Council on May 18, 2010. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Resolution z. Encroachment Agreement 3. Encroachment Plat RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND AUTHORIZING THE RECORDATION OF AN ENCROACHMENT AGREEMENT WITH THE NATIONAL CITY ROTARY CLUB FOR THE INSTALLATION OF FLAGS, POLES, AND MOUNTS WITHIN THE CITY'S RESERVED RIGHT-OF-WAY ON NATIONAL CITY BOULEVARD FROM 14TH STREET TO 33RD STREET WHEREAS, on May 18, 2010, the City Council approved a temporary use permit (TUP) for the National City Rotary Club to place flags along the National City Mile of Cars within the City's reserved right-of-way, and was granted a waiver of all fees for the TUP and an encroachment agreement; and WHEREAS, the flags are proposed to be placed in the medians and parkway areas of the street for Memorial Day, Independence Day, Flag Day, Labor Day, and Veterans Day two days prior to each holiday and removed two days after; and WHEREAS, as required, the Rotary Club has executed an Encroachment Agreement promising to comply with all requirements of the City of National City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby accepts that certain document entitled "Encroachment Agreement" executed by the National City Rotary Club, and directs the City Clerk to record the same. PASSED and ADOPTED this 22nd day of June, 2010. ATTEST: Mike Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Ron Morrison, Mayor FEE: $320.00 ENCROACHMENT PERMIT AND AGREEMENT The City Of National City hereby grants an Encroachment Permit to the undersigned, National City Rotary Club (hereinafter referred to as "OWNER") in accordance with and pursuant to the terms and conditions set forth in Chapter 13.12 of the National City Municipal Code. The OWNER is the owner of that certain real property described in the attached Exhibit "A", or is an owner of personal property that is proposed to be installed in the public right of way or other public property of the City of National City, County of San Diego, State of Califomia. The OWNER, in consideration of this grant of permission by the City of National City (hereinafter referred to as "CITY") to install and maintain certain personal property or a building, facility or other structure (hereafter designated from time to time as an "encroachment") within or upon a CITY easement, property or right-of-way for the use and benefit of OWNER'S property and adjacent lands, now covenants and agrees as fol lows_ The site of installation and any description of OWNER'S encroachment is described in EXI-IIBIT B, attached. The terms and conditions under which the encroachment is to be installed and maintained are as follows: 1. Upon notification in writing by City's City Engineer, the above described encroachment shall be abandoned, removed or relocated by OWNER at the owner's sole expense. 2. The said encroachment shall be maintained in a safe and sanitary condition at all times at the sole cost, risk and responsibility of OWNER and any successor in interest, who shall hold CITY harmless with respect thereto. 3. This permit and agreement, when made for the direct benefit of Owner's land or property above described, and the covenants herein contained shall run with said land and shall be binding on the assigns and successors of OWNER. Should OWNER or its successors fail to remove or relocate the encroachment herein permitted within thirty (30) days after notice of removal or relocation from the City, CITY may cause such removal or relocation to be done at Owner's sole cost and expense, which shall be a lien upon said land. A copy of this encroachment agreement shall be recorded against any real property of the owner's that is hereby benefited by the encroachment. Upon request by CITY, PERMITTEE shall record this encroachment agreement with the County of San Diego , County Recorder's Office, and upon recordation shall return the original to the CITY. 1 4. OWNER, or assign shall furnish the CITY with a faithful performance bond as security for the prompt completion of well drilling, installation, removal, abandonment and all appurtenant operations, including subsequent street resurfacing, restriping, and any required well head adjustment, if and when such adjustment will be necessary, in order to install or maintain the encroachment. 5. OWNER shall indemnify, defend, and hold harmless CITY, and its officers, agents and employees from all liability, loss, costs, claims, demands, suits, and defense costs, including attorneys' fees, arising out of Owner's entry upon and use of City's easement or right-of-way for the installation, maintenance and use of the owner's encroachment.. 6. OWNER and each successor in interest or assign shall take out and maintain, during the time the encroachment remains on City's easement or right-of-way, comprehensive general liability insurance with minimum limits of One Million Dollars ($1,000,000.00) combined single limit per occurrence, covering all bodily and property damage arising out of this Agreement. This policy shall name CITY and its officers, agents, and employees as additional insured, and shall constitute primary insurance as to CITY and its officers, agents and employees, so that any other policies held by C1TY shall not contribute to any loss under said insurance. Said policy shall provide for thirty (30) days prior written notice to CITY of cancellation or material change. Prior to commencement of this Agreement, OWNER shall furnish CITY a certificate of insurance with original endorsements evidencing the coverage required by this clause. Should owner fail to do so, City may elect to obtain such coverage at OWNER'S expense or immediately terminate this agreement. 7. The full terms and conditions under which this encroachment permit is issued are further set forth in Chapter 13.12 of the National City Municipal Code, which terms OWNER hereby specifically acknowledges and agrees to. Owner also acknowledges that those terms and conditions include, without limitation, the following: a. The City reserves the right to charge the Owner "fair and reasonable" compensation for the use of City property retroactive to the date of construction or installation of the encroachment. b. The city can require the removal, relocation or undergrounding of the encroachment when deemed necessary and feasible by and in the sole discretion of the City Engineer at owner's expense. 8. This encroachment Permit is not valid and confers no rights to install and maintain an encroachment until it is accepted by the Owner. 2 FOR THE CITY OF NATIONAL CITY Name: Title: AGREED AND ACCEPTED: Dated: Person in Responsible Charge (Print Name) 24 hr. Phone Number OWNER/APPLICANT Printed Name & Signature Printed Name & Signature Mailing Address Firm Name Phone Number . Attach notary certification for the name shown above. Use California All Purpose Acknowledgement Notary only. JS:jha2111 PLAT SHOWING LOCATION OF BUILDING OR OTHER STRUCTURES, EASEMENTS OR RIGHT-OF-WAY AND SEWER AND/OR DRAINAGE FACILITIES: SEE EXHIBIT "B" ATTACHED 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of 5 At t O On MP`j \ F , 3-0 V 0 before me, Date } ELANCA SALcEDo l ftJDrta�y personally appeared Ltl) LLi A 1-4 2 0 GE P_ Here Insert Name and Title of the Officer C Duet Name(s) of Signer(s) `..- BLANCA SALCEDQ Commission 1R 1818892 Notary Puelic - California ., a_ z ' San g:ego County My Comm. Exprtes Oct 21, 2012 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person($) whose name re subscribed to the 6tthin instrument and acknowledged to me that he he/they executed the s. e iner/their authorized capacity(j4, and that b er/their signaturej4 on the instrument the person,%s), or the entity upon behalf of which the person(4) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. SignatureOPTIONAL Though the information below is not required by law, it may prove valuable to person and could prevent fraudulent removal and reattachment of this form to . • ether document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner —❑ Limited D Ge -ral ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Con rvator ❑ Other: Signer Is R resenting: RIGHTT OF IMPRINTr1ER Top of thumb here Signature of elying on the document Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHT OF UMBPRINT GNER Top of thumb here 02007 National Notary Association• 9350 De Soto Ave., P.O. Box 2402 .Chatsworth. CA 91313-2402. www.NationalNotary.org Item 45907 Reorder:Cal Toll -Free 1-800-8766827 4 (/////// kgEA o• ENCzo�CH MEN I OF CITY OF NATIONAL CITY OF CHULA VISTA AOAY 4/4 D//J// 7/ Co\ N 1m 1p 121 124 NXIOJvA _Jr V// q4q� )�I l //(7<T1 / /V �E% ! / )! 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THIS CERTIFICATE DOES NOT COVERAGE AFFORDED BY THE AMEND ALTER PO INSURERS AFFORDING COVERAGE NAIC # AD Active US Rorary CWObs & Districts Attu: Risk Management 810UR92A; ACE Amcncan Insuuranee Company 22667 Depazhnear I560 Sherman Ave. Evanston IL6020t 3698INSU t aysut®ta AC$ Property & 0Y Co 20699 RER Q INSURER 0: INSURER COVERAGES:.e,m. .....— INTURBEI4AVINORREDREPRESEItfA7agON1'10mVCERIIND7NEC6y'niiG7E6RO.R THE POLICIES OF INSURANCE LISTED BELC4V HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED- NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DEAD HEREIN IS SUBJECT TO ALL THE TERMS, 1(CUISIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAD CLAIMS - TYPE OF INSURANCE OEN®tAL LIASILIUY X COUA GUL GENERAL UABIIIY CLAM MADE Q OCCUR X liquor Liability Included ooartAGGREGATE ppLIMprT.APP�I'J'E'S7 PER: ( FoucY n,pB;T 1 1 AUTOMOBILE UABWTY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NON -OWNED AUTOS GARAGE LIABILITY ANY AUTO PmwaeeWWF A L/ARI:rTY occurtr CLAIMS MADE �}tIMBRELJA 1 DEDUCTIBLE ,•-. FORLI RETENTION 5 WORKERSCOMPEN8ATD0N AND EMPLOYERS'LMNN.nY AM' PROPHIETORPARTICREXEcUTIVE 9PEGAL PROVISIONS below OTHER POLICY PM1G23861355 PaRGaG8613 55 NOT APPLICABLE MO0534092 NOT APPLICABLE F IVY 7/12009 7/1/2009 7/12009 EXPIRATION DA1E(MA10W'Y) 7/12010 7/12010 7/1/2010 LIMITS PROJISEGIEeomemoe) MED EIIP (Any One Peram) PERSONAL BADV INJURY GENERAL AGGREGATE PRODUCTS -COMFTOPAGG 2,000.000 $ 500.000 S XXXXXXX $ 2,000,000 $ 4,000,000 S 4.000,030 �C SAVOL.E MET $ 1,000,000 BODILY INJURY (Par person) $ XX)ooOCI BODILY INJURY per aaJev0 $ X OCODOC P110PER7Y namars rer aelydoc0 AUTO ONLY- EAACCIDENT $ X 0000CX $ J000000( OTHER TO ONLY: THAN EA ACC AGG EACH0Cd1RRENCE AGGREGATE S XXXX70GC 1 Y.e SIA1U. 1 1pTii- TORYULUiS l I ER E.L EACH ACCIDENT $ XXX7000( $ 5.000,000 $ 5,000;000 E 7000000( $ 700X X Qc $ )XXXXXX MCXXXXX EL. DISEASE - EA EMPLOYEE $ J000(X70( E1 DISEASE -POLICY LIMIT S X)00000( DESCRIPTION OF OPERATIONS LOCATION I VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT SPECIAL PROVISIONS The Certificate Holder is included as Additional Insured where required by written contract or permit subject to the terms and conditions of the General Liability policy, but only to the extent bodily injury or property damage is caused in whole or in part by the acts or omissions of the insured. CERTIFICATE HOLDER CANCELLATION ACORD 25 (2001/08) SHOULD AM' OFTO@ ABOVE DESCRIED POLICIES BE CANCELLED BEFORET7E EXPlItATION OAII TlIHZEOF, Ins ISSUING INSURER writ. ENDEAVOR TO MAL 30 DAYS WRITTEN NOT1:ETD THE CERTIFICATE HOLDER HALTED 70 THE LIFT. TNT FAILURE 70 0080 SHALL IMPOSE NO °ROGATION OR LIABILITY OF ANY ITUIO UPON THE INSURER. ITS AGENTS OR REPRESENTATIVES. A aw-rvc • :.: -1 For mock. waa®naetlsaraleraM, eaaortew amp eoMY MVroams' nareaonw .4rWF.oelr w:.e.nX male TNoi HGit: 7 CORPORATION 196$ CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 22, 2010 AGENDA ITEM NO. 11 'EM TITLE: Resolution of the City Council of the City of National City approving and authorizing the recordation of an encroachment agreement with the Chevron Environmental Management Company for the installation of 2 groundwater monitoring wells at West 8th Street and alley way between Hoover Avenue and Roosevelt Avenue PREPARED BY: Mauro Nebrel PHONE: 336-4395 EXPLANATION: See attached explanation. DEPARTMENT: Developmen Eng = r` APPROVED BY - ces/ ion • FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Resolution _. _Encroachment Agreement EXPLANATION Chevron Environmental Management Company, the owner of the property located at 105 West 8th Street is seeking an encroachment agreement to install two groundwater monitoring wells within the public right-of-way on West 8th Street and alley way between Hoover Avenue and Roosevelt Avenue. The wells are needed to monitor for the potential presence of Total Recoverable Petroleum Hydrocarbon (TRPH) and minimize the impact on soil and groundwater. Monitoring is required by the County of San Diego, Department of Environmental Health, Site Assessment and Mitigation Division. The installation and monitoring shall be performed by Stantec Engineers. The proposed monitoring wells will be constructed of four inch PVC pipe casing placed in sand, bentonite grout and cement seal within a three foot diameter boring. Total well depth will be 110. Traffic rated water resistant vault will be installed. A Faithful Performance Bond in the amount of $2,000.00 and a $2,000.00 bond for emergency work have been posted with the City Of National City as a security for the prompt completion of the well drilling installation, removal abandonment and all appurtenant operations including subsequent street resurfacing, restriping, and any required well head adjustment. RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AN ENCROACHMENT AGREEMENT WITH THE CHEVRON ENVIRONMENTAL MANAGEMENT COMPANY FOR THE INSTALLATION OF TWO GROUNDWATER MONITORING WELLS AT WEST 8TH STREET AND THE ALLEY WAY BETWEEN HOOVER AVENUE AND ROOSEVELT AVENUE WHEREAS, the Chevron Environmental Management Group, the owner of the property located at 105 West 8th Street, is seeking an encroachment agreement to install two groundwater monitoring wells within the public right-of-way on West 8th Street and the alley way between Hoover Avenue and Roosevelt Avenue, in order to monitor the potential presence of total recoverable hydrocarbons and minimize the impact on soil and groundwater; and WHEREAS, a Faithful Performance Bond in the amount of $2,000 and a $2,000 bond for emergency work have been posted with the City as security the for prompt completion of well drilling, installation, removal, abandonment, and all appurtenant operations, including subsequent street resurfacing, restriping, and any required well adjustments. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves an Encroachment Agreement with the Chevron Environmental Management Group for the installation of two groundwater monitoring wells within the public right- of-way on West 8th Street and the alley way between Hoover Avenue and Roosevelt Avenue in order to monitor the potential presence of total recoverable hydrocarbons. Said Encroachment Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 22nd day of June, 2010. Ron Morrison, Mayor ATTEST: Mike Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney MONITORING WELL ENCROACHMENT AGREEMENT The City Of National City hereby grants an Encroachment Permit to the undersigned, Chevron Environmental Management Company (hereinafter referred to as "PERMITTEE") in accordance with and pursuant to the terms and conditions set forth in Chapter 13.12 of the National City Municipal Code to install monitoring wells. The term "PERMITTEE" includes all successors in interest, agents, and assigns of the PERMITTEE. The PERMITTEE, in consideration of this grant of permission by the City of National City (hereinafter referred to as "CITY") to install and maintain MONITORING WELLS (all hereafter designated from time to time as an "encroaclunent") within or upon a CITY easement, property or right-of-way for the use and benefit of PERMITTEE'S property and adjacent lands, now covenants and agrees as follows: The site of installation and any description of PERMI'ITEE'S encroachment are described in EXHIBIT B, attached. The terms and conditions under which the encroachment is to be installed and maintained are as follows: 1. This encroachment permit and agreement (collectively hereafter, AGREEMENT) is made for the direct benefit of PERMITTEE and PERMITTEE's property above described, and the covenants herein contained shall be binding on the PERMITTEE and its assigns and successors. This AGREEMENT is issued pursuant to Chapter 13.12 of the National City Municipal Code, the terms of which PERMITTEE hereby specifically acknowledges, accepts and agrees to. PERMITTEE also acknowledges that those terms and conditions include, without limitation, the CITY's right to require the removal, relocation or undergrounding of the encroachment when deemed necessary and feasible by and in the sole discretion of the City Engineer, at PERMITTEE's expense. The terms and conditions of Chapter 13.12 shall govern the interpretation and application of this encroachment permit, the maintenance of the encroachment, and the PERMITTEE'S duties and obligations. In the event of litigation to enforce any of the terms and conditions of this permit, the CITY shall be entitled to its attorney's fees and costs of enforcement. A copy of this encroachment agreement may be recorded against the PERMITTEE's real property that may be benefited by the installation and maintenance of the encroachment. 2. The encroachment shall be maintained in a safe and sanitary condition at all times at the sole cost, risk and responsibility of PERMITTEE and all successors in interest, so long as the encroachment exists. 3. Upon notification in writing by CITY's City Engineer, the above described encroachment shall be abandoned, removed or relocated by PERMFI`I'EE at the PE,RMI'ITEE's sole expense. If PERMITTEE fails to remove or relocate the encroachment herein permitted within thirty (30) 1 days after notice of removal or relocation from the CITY, CITY may cause such removal or relocation to be done at PERMITTEE's sole cost and expense, which cost shall be a lien upon the land benefited by the encroachment and the personal liability of the PERMITTEE. 4. PERMITTEE shall furnish the CITY with a faithful performance bond as security for the prompt completion of the installation, removal, abandonment and all appurtenant operations, including any necessary subsequent street resurfacing or restriping required for installing or maintaining the encroachment, which bond shall be maintained so long as the encroachment exists. 5. CITY shall not at any time be liable for injury or damage occurring to any person or property from any cause whatsoever arising out of PERMITTEE's construction, installation, maintenance, repair, use, operation, condition or dismantling of the monitoring wells or the encroachment except to the extent caused by CITY's sole negligence or willful misconduct. 6. PERMITTEE shall indemnify, defend, and hold harmless CITY, and its officers, agents and employees from all liability, loss, costs, claims, demands, suits, and defense costs, including attorneys' fees, arising out of PERMITTEE's entry upon and use of CITY's easement or right- of-way for the installation, maintenance, removal and use of the PERMITTEE's encroachment. PERMITTEE shall indemnify, defend, and hold harmless CITY, and its officers, agents and employees from all liability, loss, costs, claims, demands, suits, clean-up costs, and defense costs, including attorneys' fees and expert witness fees, arising out of or related to PERMITTEE's monitoring wells subject to this agreement, except for those claims which arise out of the sole negligence or willful misconduct of the CITY. Insurance PERMITTEE and all successor in interest, agents or assigns shall take out and maintain, during the time the aforementioned encroachment or other structure remains on CITY's casement or right-of-way, comprehensive general liability insurance with minimum limits of One Million Dollars ($1,000,000.00) combined single limit per occurrence, covering all bodily and property damage arising out of this Agreement. PERMITTEE shall take out and maintain, during the time the encroaclunent remains on CITY's easement or right-of-way, pollution liability coverage with minimum limits of Three Million Dollars ($3,000,000) per occurrence covering all claims of bodily injury, including death, and property damage arising out of this Agreement. PERMITTEE shall take out and maintain workers' compensation insurance covering all of PERMITTEE's employees, with limits sufficient to satisfy California statutory requirements. In addition, PERM[TTEE shall take out and maintain employer's liability coverage with limits of not less then One Million Dollars ($1,000,000) per occurrence. The policy shall be endorsed with a waiver of subrogation as to the CITY. All policies required by this Agreement shall be written by insurers Licensed to do business in the State of California, which are rated at least "A, VIL" by the current A.M Rest 2 Ratings Guide and otherwise approved by CITY's Risk Manager. Coverage written by non - admitted, surplus lines carriers may be acceptable provided the insurer is included in the most recent California List of Eligible Surplus Lines Carriers (LESLI list) and otherwise meets CITY insurance requirements. Coverage shall be written on occurrence forms; in the event coverage is written on a claims trade form, the retro date must be on or before commencement of this agreement and coverage must be maintained for a period of at least three (3) years following the termination of this Agreement. All deductibles and/or self -insured retentions must be disclosed on the certificate of insurance. These policies shall name CITY and its officers, agents, and employees as additional insureds, and shall constitute primary insurance as to CITY and its officers, agents and employees, so that any other policies held by CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to CITY of cancellation or material change. Prior to commencement of this Agreement, PERMITTEE shall furnish CITY a certificate of insurance with all required endorsements evidencing the coverage required by this clause. Should PERMITTEE fail to do so, CITY may elect to obtain such coverage at PERMITTEE'S expense or immediately terminate this agreement and require removal of the encroachment. In lieu of insurance coverage, PERMITTEE maintains a self-administered claims program with respect to its duties hereunder. PERMITTEE has met the insurance requirements of Section 6 by providing the CITY with the statement of self. insurance attached as Exhibit- C" to the agreement. 8. PERMITTEE is further responsible for obtaining any required construction, excavation, or building permits, for notification to Underground Service Alert, when applicable, and for the safe installation and maintenance of the encroachment at all times_ 9. This encroactunent Pemut shall not be valid nor confer any rights to install and maintain an encroactunent until it is approved by the CITY and accepted and acknowledged by the PERMITTEE, and, if determined necessary by the CITY, recorded. 10. PERMITTEE shall within 48 hours upon written notification by the CITY, adjust, or cause to adjust the top of the well on West 8th Street and/or Alley Way b/t Hoover Ave and Rossevelt Ave, if and when such adjustment will become necessary as a result of CITY's street resurfacing, or other construction operations. 11. PERMITTEE shall provide, and maintain adequate traffic control at the sole cost, risk and responsibility of PERMITTEE and successor in interest, during the course of the construction of the well, and the monitoring and sampling periods or any other operation, within the CITY right-of-way. PERMITTEE shall hold CITY harmless with respect thereto. 12. PERMITTEE shall notify the CITY in writing of any proposed change in the location of the well prior to installation. PERMITTEE shalt obtain additional permits for any such changes from the CITY prior to the commencement of work. 13. PERMITTEE shall apply to the CITY Engineer of CITY for a construction permit, prior to the installation of the wells on West 8th Street and Alley Way b/t Hoover Ave and Rossevelt Ave and for subsequent adjustments. 3 14. All operations conducted by the PERMITTEE, on the CITY premises, including monitoring and sampling of the well, and running of equipment shall be limited to the hours set by the CITY's City Engineer, and there shall no deviations from these hours. 15. PERMITTEE shall notify all adjacent residential and commercial developments as to the intended construction, and shall post notices indicating the type and the hours of construction, and all other subsequent work. The PERMITTEE shall diligently proceed to complete all work with a minimum of inconvenience to the public. 16. PERMITTEE, shall, at least 48 hours prior to start of construction, contact Underground Service Alert for all underground utility mark -out. It shall be the responsibility of the PERMITTEE to locate all substructures and protect them from damage. The expense or repair or replacement of said substructures shall be solely borne by the PERMITTEE, and the CITY shall be held harmless with respect thereto. l7. The PERMITTEE shall be responsible for the prevention of damage to the adjacent property. No person shall excavate on land so close to the property line as to endanger any adjoining public street, sidewalk, alley or any other public or private property without supporting and protecting such property from settling, cracking, erosion, silting, scour or the damage which might result from the PERMITTEE's operations. 18. The PERMITTEE shall design, construct and maintain all safety devices, including shoring, and shall be solely responsible for conforming to all local, state and federal safety and health standards, taws and regulations. 19. The proposed well may exist in the public right-of-way for a maximum of two years. The PERMITTEE shall inform the CITY if additional time will be required for groundwater monitoring, and shall obtain the CITY's written approval for any time extension. 20. PERMITTEE shall notify the CITY in writing at least 48 hours prior to any intended monitoring the well to be conducted during the length of this encroachment. Such notification shall contain the time and date of the intended sampling, and shall be subject to the approval of the C[TY. 21. PERMITTEE shall deposit a sum equal to $2,000.00 in the CITY's account, to be used only for emergency purposes, prior to the approval of this encroachment agreement. 22. The well cap installed under this permit, shall have information printed giving the name and phone number of responsible entity in charge of the installation and maintenance of the well. 23. The PERMITTEE shall provide the CITY with a copy of the site assessment and remediation report, a copy of the Department of I lealth Services, County of San Diego response, and the site remediation completion report. The report shall show the extent of ground water and/or soil contamination, if any. 4 FOR THE CITY OF NATIONAL CITY Name: Title: Signature: Ron. Morrison, Mayor PLAT SHOWING LOCATION OF WELL HEADS OR OTHER STRUCTURES, EASEMENTS OR RIGHT-OF-WAY AND SEWER AND/OR DRAINAGE FACILITIES: SEE EXHIBIT "B" ATTACHED ACHED Dated: Reginald Paulding Person in Responsible Charge (Print Name) 866-706-6996 24 hr. Phone Number Stantcc Consulting Firm Name PERMITTEE/APPLICANT Printed Name & Sign ture 1 Lcc cE L,+k tc.LCCr 2655 Camino Del Rio North Suite 302 San Diego, CA 92108 Mailing Address 619-296-6195 (office) Phone Number Attach notary certification for the name shown above. Use California All Purpose Acknowledgement Notary only. State of 7/ ir /I ) County of1,4lc R/1 crG S ) X r h 4 1,170A!1 before me, , NotaryPublic (here insert name and title of the officer), personally appeared . jz, dd %,% �� 7` 1 �fs%t who proved to me on the basis of satisfac evidence to be the person(s) . •. name( isi.re subscribed to the within ins ent and acknowledged to me tha he/ he/they executed the same i er/their au 1 .rized capacity(ies), and that byQiis er/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. / / / Signature (notary)(12-07) LINDA HUANG COMM. #1709752 z Notate Public - California ;" Alameda County -P My Comm_ Expires Dec. 9, 2010 MONITORING WELL INSTALLATION QUESTIONS 1) What is the time of completion of the drilling and well construction? Three days (One day to sawcut/air-knife, One day per well to install) 2) What is the time required to install each well? One day per well. 3) How tong will the wells remain in the street? Until the County of San Diego Dept. of Environmental Health closes the UAR case. 4) How long will the abandonment of the wells be? (time frame) One day for both wells. 5) How often will the wells be monitored and sampled? Semi-annually 6) How long will it take to purge and sample each well? Approximately 2 hours per well. 7) Who will be responsible for removing the wells from the public right-of- way and restoring the street? Chevron Environmental Management Company 8) Who will be responsible for top of well head adjustments? Chevron Environmental Management Company 7 REFERENCE: THOMAS GUIDE CD-ROM, PAGE Si GRID 1309 H1_ 0 1320 2640 APPROXIMATE SCALE IN FEET Stantec 2655 CAMINO DEL RIO NORTH, SUITE 302 SAN DIEGO, CALIFORNIA PHONE: (619) 296 6195/296-6199 (FAX) PREPARED FOR: FORMER CHEVRON SERVICE STATION No. 9-8225 105 West 8th Street National City, California JOB NUMBER: SITE LOCATION MAP DRAWN BY: 211901017 PO CHECKED BY: APPROVED BY: FIGURE: GATE: 01110/08 s 8225STLOC F0.EPATH:M:ICADD-081Site Location MapsChevr n\8.8225STLOC.Qwpljalonzopun 07. 2010 at 8:43I layout Model 8 T �+ \1 \ tt��ni \ " ill w_v0\ r I \ \\' ty11 d1 WE -I , \ \ 1dl— 4 a \ \\ \ =O \ 'I, '' 11 Al \ V sJ Y3 A )A \ v m A V. , Yll �� / � � - --rE rn\ \ '\ y \ \\ y \ �/ MWS4m 1I1 \ m \ $ °:E�� NY''' /\ \ Z U lh n. A G 1 /_ \ \ P.'.IJJ'\� i LEGEND. WA LA CHEVRON GROUNDWATER MGNTTOflING WELL W-11 j f CHEVRON DESTROYED GROUNDWATER MONITORING WELL Nw-lo t THRIFTY GROUNINYATER MONITORING WELL Ywl 8 THRLLTY DEST(1(T'ER GRGIINGNATER MONITORINu WELL u w[a NH SPPHGINGNAPOR ex-rar, .Tln WELLS CPC II M COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CWV IOnfl WELLS w 210 0 PROPOSED GllouNDWATER MONITORING WELL PROPERTY BOUNDARY 0 UNDERGROUND TRAFFIC LOOPS « DIRECTION OE TRAFFIC 80 60 APPROXIMATE SCALE (FEET) Stmdec PREPARED D FORMER CHEVRON SERVICE STATION No. 9-8225 105 West 88t Street National City. Catania SITE PLAN WITH PROPOSED GROUNDWATER MONITORING WELLS FIC 2 II !PATH U'tM1 Wfl0P, :u-R wAwnws0 fr,AA lOOC 2di5 CAW', 0E11YD N0i14, s1XEE3. SAN DIEG0. CAIIFg0W PHONE. EL,91296N19529661W AAA ]CB NUMBER.TDRM1MJBY: 211M1017 (Y t30 CP. AwnIrmm9IM Aa A1wn 1,1711 awv r PROP 56 CPECKEDBY. RR, A(41YJ0UJ BY: GATE HIP I I,2,R3 !WW1, 3nlm'1J6m.r.t 1/2-INCH MIN SLOPE SLOPE AWAY FROM WELL 3. lags 11' bgs 13' bgs 15 bgs - 21' bgs 0 30' bgs 36-INCH MIN. L LOCKING CAP 10" NOT TO SCALE 4 12-INCH DIA. FLUSH MOUNTED WELL BOX GROUND OR ASPHALTIC CONCRETE SURFACE CONCRETE LEGEND Concrete Bentonite Grout Bentonite Seal No. 3 Sand Screened Casing (4' Diameter, 0.020" Slotted Sch 40 PVC) Blank Casing (4" Diameter Sch 40 PVC) Estimated Water Table Depth bgs Below Ground Surface Ratite( PREPARED FM FORMER CHEVRON SERVICE STATION No. 9-8225 105 West 8th Street National Ci y, California W-26 GROUNDWATER MONITORING WELL CONSTRUCTION DIAGRAM FIGURE 3 2655 CAMINO DEL RIO NORTH, SLATE 302 SAN DIEGO, CALIFORNIA PHONE (6191296-61951296 6199 1FAX) JOB NOMBEFt 211901017 DRAWN BY: JA CHECKED BY: RO APPROVED BY: DATE: 06/01/10 FILEPATH:M.ICADD-0BU+rojxb2010ICheulmL9-8225-20101MWCorW W-20 NW 27.dvgl loeampolJln 61, 2010 R 17 35(tayaR Modal - M WCol st W-26 and 27.dwg 10 1/2-INCH MIN SLOPE SLOPE AWAY FROM WELL /` ' 36" 3' bgs Stantec 2655 CAMINO DEL RIO NORTH, SUITE 302 SAN DIEGO, CAUFORNIA PHONE: (619) 298-8196/296-6199 (FAR) 4 15' bgs 1Tbgs - 19' bgs 25 bgs V 34' bgs 36-INCH MIN 10" "-- NOT TO SCALE PREPARED FOR FORMER CHEVRON SERVICE STATION No. 9-8225 105 West 8th Street National City, California 12-INCH DIA. FLUSH MOUNTED WELL BOX GROUND OFt \ %T— ASPHALTIC s ///'\ CONCRETE SURFACE CONCRETE LEGEND Concrete Bentonite Grout Bentonite Seal No. 3 Sand Screened Casing (4" Diameter. 0.020" Slotted Sch 40 PVC) Blank Casing (4" Diameter Sch 40 PVC) 7 Estimated Water Table Depth bgs Below Ground Surface W-27 GROUNDWATER MONITORING WELL CONSTRUCTION DIAGRAM FIGURE- 4 JOB NUMBER 211901017 DRAWN BY: JA CHECKED BY: I APPROVED BY: RO DATE: 06/01/10 FL 'ATItUiCADOOWroJect 20101Chew0r 8225-20tQtMWC«w W-28 and 27_dwgfrocornizolAn 01. 2010 at 172s1tayoet Modal 11 MWConst W-26 and 27.dwg CITY OF NATIONAL CITY Finance Department 619 336-4330 National City 37 / 22843 06/01/2010 15:44:27.000 Reg WXP-CA6H02 Validation Receipt CHARGES- 00.1-21000-3147 EPF stantec consulting$ 001-21000-3147 EPF stantec consulting$ 001-21000-3585 GF2135 stantec consulting$ 223.00 320.00 158.00 Sub -total $******..701.00 PAYMENT - Check - 8685 $ 701.00 stantec consulting inc Change $t*********0.00 THANK YOU! Business Hours: 7:00 - 6:00 Monday Through Thursday Closed on Fridays 12 .I VTa 1 ■ 1VI'[ f L. - vz ....+Crow rWoo s t V •• m.L%I2 Tlf-Tl2.1/ILL. 1 03/3172010 DPI Serial # 68 THIS CERTIFICATE IS ISSUED AS_A MATTER OF INFORMATION ON REED STENHOUSE, INC. ONLY AND CONFERS NO RIGHTS 3 UPON ME ERTIF'ICA I E HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR ►ON RISK SERVICES CENTRAL INC. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 100 - 10025 - 102A AVENUE, EDMONTON, AB T5J 0Y2 -EL. (780) 423-9801 FAX: (780) 423-9870 INSURERS nr`Yr OiciiiNG COVER,‘GE STANTEC CONSULTING SERVICES INC. INsuRERA ZURICH AMERICAN INSURANCE COMPANY STANTEC CONSULTING CORP. INSURERS ZURICH AMERICAN INSURANCE COMPANY 2655 CAMINO DEL RIO NORTH, SUITE 302 ffSURERC ZURICH AMERICAN INSURANCE COMPANY 1 SAN DIEGO, CA 92108-1833 USURER O ZURICH AMERICAN INSURANCE COMPANY I aasuReR E LLOYD'S OF LONDON HE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED_ NOTWID4STANDING NY REQUIREMENT. TERM OR CONDMON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR AY QEflTAJ Sth ANC THE f1: E AFf^aC�^ 0Y E �S �"`-,��„ "< � SLR �C T • • ;�AsS =JCL"£ r.°`9 mot- 'r. i OI..� Dal�n.wa...7ei_ti�n� L•>:.-� TY•.�. M. � v spiv CONDITIONS OF S:,V-i OLICIES_ AGGREGATE 1tufTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. OF 43JAANCE POLICY POLICY EFFECTIVE •�>.-RRA DONTVPfi DA, " MYBr n:Tc:,D.n."1 LIMITS GENERAL LLMNIITY COMMERCIAt GENER�A�L'LIAEIUTY GLO 3373919-00 XCU COVER INCLUDED 05!01 M4 LTS�t1 /1(1 EACH OCCURRENCE 1 1,000,000 x FIRE DAMAGE (A ea nee find 1 1,000,000 IM 1CLASMADE 1 A (OCCUR U 0ESPt!weerocersen! S 10,000 X , CONTRACTUAL/CROSS poaccow A Mr,,, tRAITer : 1,000,000 OWNERS A CONTRACTORS QpOTcrrntr _ C{t RAt Rf�4N9e_*E t 2 000,00Q G.F....CLACCR-F.OATF. ---'1 Llu1T APPLIES IEe PER' PROOJC tc - CCU -VP -JP egg c 1,000,000 o,y,, I (PRO- I X I,ro. AST.".« :�1.z uAsea i Y AJ O BAP5040882-01 iifulff5 11i0i110 COMBINEDSINGLE LIMIT T-aacrGanti z 1.000.000 X BODILY INJURY (Per person) 1 IH..r€u:;LEOAUI�.1 � �n_ HIRED AUTOS 1 NONCYGNED ALIT BODIL(Per &c IHJt1RY (Per acatle[g1 —� 1 1 PROPERTY DAMAGE Ter aaaerel j( j j l IOARA(1EOPAAUTY I YY Aug) _ AL.OONLY -EA.CuuENT j I I`:^T EIXC1ESS OTHER IRIAN EA ACC t APPLICABLE &HTO ONLY AGG t LIABILITY 1 OCCUR 1 1 CLAIMSMADE 8831307 EXCESS GENERAL, AUTO A AND n EMPLOYERS LIABILITY (Fnf I OW FORM) 05/0s 09 0 10t% IU EACH OCCURRENCJE 1 5,000,000 1 X Atitaee.GAte s 5,000,000 1 1 DEDUCTIBLE RETENTION $ TU,UUU 1 _ X 1 WORKERS COMPENSATION AND WC5940881-01 11/01 AJ9 11101i10 1 4ls-tYIMIT I I(1R X I TORY LIMITS( 1 FA E L EACH ACCIDENT 1 1,00'0.000 E L DISEASE -LA EMPLOYEE] 1 1,W0,U00 EL DISEASE - POLICY LIWT f 3 1 ,U00,000 OTHER FROFESSiONAL LIABILITY ff1CiT,1^fir, snjyl2ne,jgl(;Tpe QK0902009 NO RETROACTIVE DATE 08/01109 - 08101710 I CLAIM & AGGREGATE Lrv4iT a2.000.0`0 ryj µt ., is nC r - - CLAIMS MADE BASIS =PROM OF OPERAnoISROCAr10(t&VHHICLESIEXCLU IONS ADDED BY ENDORSEUENTHPECIAL PROVISIONS 't DIEGO. CA. STANTEC PROJECT M. 211901017. PROJECT ROJECT NAME: FORMER CHEVRON C RVIGE STATION C- 9 J22J - CROACuMENT PERMIT- THE CfTY OF HATtON "t_ C TY, ITS ELECTEn OFF ICLA! S AGENTS AND EMPLOYEES ARE INCLUDED AS DITIONAL INgLIREDS BUT ONLY ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED RTWICATE HOLOER � X ADDITIONAL INSURED-.tE INSURER TTEIC A8 CANCELLATION CITY OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD NATIONAL CITY CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES 8E CANCELL® BEFORE THE EXPIRATION DATE THEREOF, THE IBMWNO INSURER MARL ENDEAVOR TO HAIL 30 DAYS WRITTEN NOTICE TO THE CCRTIFICATE HOLDER MA$3LU TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, in AGENTS OR REPRESENTATNES. mew s6S (I 1ST) NTECSZOOB- I T-SAN OIEGO CA.FP5 AMlT ®REPRE.^. NTT JW e ACOR0 CORPORATION 198E 13 13 Bond No. 6695135 PRIVATE CONTRACT BOND - CITY OF NATIONAL CITY FAITHFUL PERFORMANCE KNOW ALL MEN BY THESE PRESENTS: THAT Chevron Environmental Management Company of 6001 Bollinger Canyon Road, San Ramon, CA 94583 as Principal, and Safeco Insurance Company of America a surety authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto CITY OF NATIONAL CITY, CALIFORNIA, in the sum of Two Thousand and 00/100 Dollars ($ 2,000.00 ), for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. Theconditions of the foregoing obligation is such that, whereas the above -bounded Principal is to obtain a drilling permit from the CITY OF NATIONAL CITY, CALIFORNIA, to do and perform the following work, to wit: Installation activities for wells located at Chevron, No. 9-8225, 105 West 8th Street, National City, CA 91950 NOW, THEREFORE, if the above -bounden Principal shall faithfully perform said work, then this obligation shall be void; otherwise to remain in full force and effect. SIGNED AND SEALED this 21st day of May APPROVED AS TO FORM: BY: GEORGE H. EISER, III CITY ATTORNEY 20 10 Chevron Environmental Management Company (Name of Prim/ By: Title: T. D. L ij tiLI , ASCICM-Nit ';tit Safeco Insurance Company of America Attorney -in -Fact Marina Tapia (Attach Notary Acknowledgment for Attorney -in -Fact ) Address to which notice to Surety should be sent: 1001 4th Avenue, Suite 1700 Seattle, WA 98154 P. 14 State of California County of Los Angeles On MAY 21 2010 before me, B. Aleman , Notary Public, personally appeared Marina Tapia who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/the-ir- authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. B. ALEMAN Commission # 1774647 Notary Public • California Los Angeles County MvComm. Expires oct21, 2311 _ (seal) Signature B.7Aleman, Rotary Public 15 1 iberty KNOW ALL BY THESE PRESENTS_ That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint E.S. ALBRECHT, JR.; TRACY ASTON; TOM BRANIGAN; K.D. CONRAD; ASHRAF ELMASRY; SIMONE GERHARD; JOYCE HERRIN; MICHAEL R. MAYBERRY; C.K. NAKAMURA; MARIA PENA; WILLIAM A. SADLER; EDWARD C. SPECTOR; MARINA TAPIA; LISA L THORNTON; BRENDA WONG; NOEMI QUIROZ; B. ALEMAN; Los Angeles, CA POWER OF ATTORNEY Safeco Insurance Company of America General Insurance Company of America 1001 4th Avenue Suite 1700 Seattle, WA 98154 No 6843 its true and lawful attomey(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 21 st March 2009 day of Dexter R. Legg, Secretary Timothy A. Mikolajewski, Vice President CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile- On any instrument conferring such authority or on anybond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 19711 "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (0) The provisions of Article V, Section 13 of the By -Laws, and (nr) A copy of the power-of-attomey appointment, executed pursuant thereto, and (iii) Certifying that said power -of -attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." 1, Dexter R. Legg . Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed the facsimile seal of said corporation MAY 21 2010 this S-09741DS 3/09 day of Ptx* tail Dexter R. Legg, Secretary WEB PDF 16 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Contra Costa ) On 5/26/2010 before me, Ann Sheryl A. Tagle, Notary Public personally appeared T. D. Leveille rtaa.,-- ANNSHERYLATAGLE %[ COMM. #1679119 m a^, 2 • Notary V';� f y—Iry MMrIt�tWlkttY Place Notary Seal Above (insert name and title of the officer) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of Gahfornia that the foregoing paragraph is true and correct. WITNESS my hand d o Signature Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bond 6695135 Document Date: 5/21/10 Number of Pages: 1 Signer(s) Other Than Named Above: N/A Capacity Claimed by Signer Signers Name: T. D. Leveille Corporate Officer - Title(s): Assistant Treasurer Signer is Representing: Chevron Environmental Manaxement Company 17 Bond No. 6695136 PRIVATE CONTRACT BOND - CITY OF NATIONAL CITY FAITHFUL PERFORMANCE KNOW ALL MEN BY THESE PRESENTS: THAT Chevron Environmental Management Company of 6001 Bollinger Canyon Road, San Ramon, CA 94583 as Principal, and Safeco Insurance Company of America a surety authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto CITY OF NATIONAL CITY, CALIFORNIA, in the sum of Two Thousand and 00/100 Dollars ($ 2,000.00 j, for the payment whereof, well and truly to be made, said Principal and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally, firmly by these presents. The conditions of the foregoing obligation is such that, whereas the above -bounded Principal is to obtain a drilling permit from the CITY OF NATIONAL CITY, CALIFORNIA, to do and perform the following work, to wit: Life Span of wells located at Chevron, No. 9-8225, 105 West 8th Street, National City, CA 91950 NOW, THEREFORE, if the above -bounden Principal shall faithfully perform said work, then this obligation shall be void; otherwise to remain in full force and effect. SIGNED AND SEALED this 21st day of May APPROVED AS TO FORM: BY: GEORGE H. EISER, III CITY ATTORNEY 20 10 Chevron Environmental Management Company (Name of Princi By: Title: t D. LEJ I LIE A-C ST1vit - Er Safeco Insurance Company of America (Surety) By: Attorney -in -Fact Marina Tapia (Attach Notary Acknowledgment for Attorney -in -Fact ) Address to which notice to Surety should be sent: 1001 4th Avenue, Suite 1700 Seattle, WA 98154 18 State of California County of Los Angeles On MAY 21 2010 before me, B. Aleman , Notary Public, personally appeared Marina Tapia who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their- authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. B. ALEMAN Commission # 1774647 1 Notary Public - California � rJ Los Angeles County ' rm Co. Ex es Oct21.2011 (seal) Signature B. Aleman, Notary Public 19 Liberty ]'IU ttl al.. KNOW ALL BY THESE PRESENTS: That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a Washington corporation, does each hereby appoint E.S. ALBRECHT, JR.; TRACY ASTON; TOM BRANIGAN; K.D. CONRAD; ASHRAF ELMASRY; SIMONE GERHARD; JOYCE HERRIN; MICHAEL R. MAYBERRY; C.K NAKAMURA; MARIA PENA; WILLIAM A. SADLER; EDWARD C. SPECTOR; MARINA TAPIA; LISA L. THORNTON; BRENDA WONG; NOEMI QUIROZ; B. ALEMAN; Los Angeles, CA POWER OF ATTORNEY Safeco Insurance Company of America General Insurance Company of A,nerica 1001 4th Avenue Suite 1700 Seattle. WA 98154 No. 6843 its true and lawful attomey(s)-in-Fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other documents of a similar character issued in the course of its business, and to bind the respective company thereby. IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA have each executed and attested these presents this 21 st March 2009 day of Dexter R. Leqq, Secretary Timothy A. Mikolajewski, Vice President CERTIFICATE Extract from the By -Laws of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA: "Article V, Section 13. - FIDELITY AND SURETY BONDS ..- the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attorneys -in -fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business_. On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (I) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power -of -attorney appointment, executed pursuant thereto, and (iii) Certifying that said power -of -attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." 1, Dexter R. Legg , Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of these corporations, and of a Power of Attorney issued pursuant (hereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation MAY %1 2010 S-0974!LJS 3/09 this day of Dexter R. Legg, Secretary WEB PDF 20 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of Cahforna County of Contra Costa ) On 5/26/2010 before me, Ann Sheryl A. Tagle, Notary Public personally appeared T. D. LeveiIle ANN SHERYL A. TAGLE COMM_ #1679119 m Notary P blb CalNomia to MAY Place Notary Seal Above (insert name and title of the officer) who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her authorized capacity, and that by her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of Cahforgia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document_ Description of Attached Document Title or Type of Document: Bond 6695136 Document Date: 5/21/10 Number of Pages: 1 Signer() Other Than Named Above: N/A Capacity Claimed by Signer Signer's Name: T. D. Leveille Corporate Officer — Title(s): Assistant Treasurer Signer is Representing: Chevron Environmental Management Company 21 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 22, 2010 AGENDA ITEM NO. 12 EM TITLE: Resolution of the City Council of the City of National City: 1) accepting and approving the work performed by Koch -Armstrong General Engineering, Inc. for the final contract amount of $1,912,985.68, 2) filing of the Notice of Completion with the County Recorder, and 3) releasing the retention amount of $99,810.40 for the National City Street Resurfacing Project, FY 09-10. (Funded through Gas Tax, Traffic Congestion Relief. Proposition A Funds, County and CIWMB Grants) PREPARED BY: Kenneth Fernandez DEPARTMENT: Development Services/ PHONE: 336-4388 Engin on EXPLANATION: APPROVED BY. See attached explanation. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Project was funded by Account Numbers: 109-409-500-598-6035 (Gas Tax), 307-409-500-598-6035 (Prop A), 345-409-500- 598-6035 (Traffic Congestion Relief), 001-409-500-598-6171 (County Grant) and 296-409-500-598-6035 (CIWMB Grant) per Resolution NO. 2009-191. Retention will be paid via Proposition A funds. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 2esolution contract Final Balance 3. Notice of Completion arm EXPLANATION Per Resolution No. 2009-191, the City Council awarded a contract to Koch -Armstrong General Engineering, Inc. in the amount of $1,272,720.00 for the construction of the National City Street Resurfacing Project FY 09-10, Specification No. 09-09. During the course of construction, field conditions were discovered, time -sensitive work, or Ctiy-initiated change orders were approved and added to the project with the following 12 change orders: 1) Tree trimming at residential streets, 2) Tree trimming at commercial streets, 3) Remove and stump grind large trees at 2119 and 2222 Melrose Street, 4) Sweetwater Road sidewalk erosion control — grading and slope landscaping, 5) Add seven (7) additional streets to resurface to the base contract by $500,149.05 per Resolution 2009-259, 6) Saturday dig -outs due to safety concerns in front of National City Middle and Otis Elementary Schools on E 18th Street between D and Highland Avenues, 7) Removal and replacement of In -pavement flashing lights at school crosswalk on E 24th Street and F Avenue, 8) Purchase and install two detector cards and 250 lineal feet of Detector Leading Cable (DLC) at E 8th Street and Palm Avenue, 9) Purchase and install signage, barricade, and high intensity striping for crosswalk at E 16th St and G Avenue, 10) Remove and replace one (1) In -pavement flashing Tight piece at E 24th Street and F Avenue, 11) Resurfacing, concrete, striping, and traffic improvements at and north of E 18th Street and Palm Avenue, and 12) Remove and replace a) traffic loops at 13 locations and b) a combination of signage, barricade, and/or striping at three (3) locations. Therefore, the construction bid price of 1,272,720.00 was increased by $613,781.89 to $1,886,501.89. Furthermore, line item increases/deductions as shown in the final balance change order totaling $26,483.79 were added to the scope of work per the contract and specifications. Therefore, the construction cost of $1,886,501.89 was increased to a final construction cost of $1,912,985.68. A final inspection was completed and closing documentation was submitted to the City for review. Final approval of the project was delayed because there were change order requests initiated by the City resulting in the contractor's progress invoices and the delivery of final closing documents being postponed. Please see attached "Final Contract Balance Change Order" document for a breakdown of line item change, Change Orders, and contracted work days. After these issues were resolved, the project was eligible for a notice of completion. The work was then found to be in accordance with the approved plans and specifications. Therefore, Engineering Staff recommends the acceptance of the work and the filing of a Notice of Completion for the National City Street Resurfacing Project, FY 09-10, Specification No. 09-09. In summary, the purpose of this resolution is to approve the final amount of the project at $1,912,985.68, accept the work performed, authorize the filing of a Notice of Completion, and release the retention balance of $99,810.40. RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE WORK PERFORMED BY KOCH-ARMSTRONG GENERAL ENGINEERING, INC., FOR THE FINAL CONTRACT AMOUNT OF $1,912,985.68, AUTHORIZING THE FILING OF THE NOTICE OF COMPLETION WITH THE COUNTY RECORDER, AND AUTHORIZING THE RELEASE OF THE RETENTION IN THE AMOUNT OF $99,810.40 FOR THE NATIONAL CITY STREET RESURFACING PROJECT It appearing to the satisfaction of the Engineering Department that all work required to be done by Koch -Armstrong General Engineering, Inc., for the total final amount of $1,912,985.68 for the National City Street Resurfacing Project has been completed, the City Council of National City hereby accepts said work, authorizes the filing of the Notice of Completion with the County Recorder, and orders that payment for said work be made in accordance with said contract, including retention. PASSED and ADOPTED this 22nd day of June, 2010. Ron Morrison, Mayor ATTEST: Mike Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney FINAL CONTRACT BALANCE CHANGE ORDER DATE: PROJECT: TO: June 22, 2010 National City Street Resurfacing Project, FY 09-10, Specification No. 09-09 Koch -Armstrong General Engineering, Inc Mr. Chris Armstrong / Mr. Monty Koch P.O. Box 1190 Lakeside, CA 92040 ORIGINAL CONTRACT AMOUNT: START DATE: COMPLETION DATE: ORIGINAL CONTRACT LENGTII: EXTENTION OF WORK DAYS: TOTAL CONTRACT TIME: DESCRIPTION OF CHANCE: S 1,272,720.00 September 2, 2009 May 19, 2010 (includes downtime due to multiple change orders, cleanup, and inspection) 80 working days 35 working days 115 working days This change order is written to balance and finalize the amounts for said project. Original Contract Adjusted Contract Item Unit laid Qty Unit Price Amount Qty Unit Price Amount Mobilization LS I $7,612.48 $7,612.48 1.20 $7,612.48 $9,164.38 2 Cold Milling SF 24,440 $0.34 $8,309.60 79,892.00 $0.340 $27,163.28 3 Asphalt Rubber Hot Mix (AMINO Gap Graded and adjust utility' cans TON 1,838 S112.00 $205,856.00 3,167.63 $112.00 $354,774.56 4 Type II Slurry SY 109,237 S1.32 $144,192.84 109,986.00 $1.32 S145,18152 5 R&R AC 2'-6' depth (dig outs) TON 6,1118 S95.00 $571,710.00 8,845.28 $95.00 S840,301.60 6 R&R unsuitable sub -grade TON 750 S40.00 $30,O1111.00 $40.00 SO 7 Crack filling and weed 109,237 $0.32 $34,955.84 148,525.00 $0.32 $47,528.00 8 R&It G7 sidewalk SF 5,207 $7.65 $39,833.55 13,592.75 $7.65 $103,984.54 9 R&R G2 curb & gutter LE 532 $44.00 $23,408.00 1,298.50 S44.00 $57,134_00 10 R&R driveway G14, 6" PCC SF 1,759 $9.75 $17,150.25 2,069.75 $9.75 $20,180.06 11 R&R alley apron G17, 6" SF 728 51 I.00 $8,008.00 2,077.00 51 L00 $22,847.00 12 R&R cross gutter G 12, 6" SF 240 520.50 54,920.00 1,842.00 $20.50 $37,761.00 13 PED Ramps C27-G31 EA 18 $2,110.00 $37,980.00 33.00 $2,110.00 $69,630.00 14 Adjust sewer manhole to grade RSD EA 39 $2II0.00 $7,800.00 23.00 $200.00 $4 61111.00 15 Adjust survey monuments to rade RSD EA 10 $500.00 $5,000.00 2.00 $500.00 51,000.00 16 Re lace traffic loops EA 101 $206.00 $20,806.00 171.00 $206.00 $35,226.00 I_ 18 1 Restriping of street including thermoplastic street markings, curb markings, & street traffic markers LS I $38,660.00 538,660.00 1.13 $38.660.00 $62,823.83 Signs (12 of NC 30" X 30") EA 12 $120.00 $1,440.00 18.00 $120.00 $2,160.00 Page 1 i FINAL CONTRACT BALANCE CIIANGE ORDER 19 Remove crosswalks (per attachment "B") EA 20 Remove and re -stripe centerline and angled parking (per attachment "D") LS 21 Type I Slurry over crosswalk removal areas SF 18 4,800 $550.00 $9,900.00 2.00 S550.00 $1,100.00 $3,410 00 $3,410.00 1 00 $3,410.00 $3,41t $2.60 22 23 24 25 Paint center stripe on E 14'h St (per attachment "C) I,S 1 $330.00 S12,480.00 0 $2.60 $0 $330.00 Add truncated domes to existing ped ramps at Marina Way & Bay Marina Drive EA 2 $440.00 Harbor Drive Bike Lane 1- 1/2" grind SF 30,816 $0.34 $880.00 $10,477.44 1.00 $330.00 $330.00 2.00 $440.00 $880.00 Harbor Drive Bike Lane 1- 112" asphalt overlay SUBTOTAL (Before and after line item increases) TON 300 $92.00 S27,600.00 24,151.00 $ 0.34 $8,21 1.34 251.14 CCO1 S 1,272,720 00 $92.00 $23,10,1.88 Tree Trimming: Commercial Streets CCO2 IS 1 Tree Trimming: Residential Streets CCO3 CCO4 CCO5 l,8 1 S 1. 8 78.195_ 99 1.00 $4,433.74 $4,433.74 Tree Removals and stump grind Grading/landscape at Sweetwater Rd/Prospect Add 7 Additional Streets to resurface: tree trimming cost shown (mostly absorbed as a line item increase)* le Street Overtime CCO6 CCO7 CCO8 CCO9 LS 1.00 $1,108.39 $1,108.39 1.00 LS LS 1 1.00 1,400.00 1,400.00 1.00 Raising In -Pavement Flashing Lights nal Detector Cards 1,S I,S 1.00 $5,900.00 $5,'900.00 $1,438.26 out of $500,149.05 * $ I ,438.26 $5,526.72 $5,526 1.00 $9,967.87 $9,967.87 LS 00 E le St and G Ave restri • in and si ns Replace In -pavement :COW flashing light at E 24`t' St and F Ave E le/Palm Ave intersection ,COI 1 improvements (absorbed as a line item increase)* Additional traffic loops and 'CO12 striping (absorbed as a line item increase)" I,S LS 1.00 $778.00 $778.00 $2,126.00 $2,126.00 LS 1 1.00 $1,810.71 $1,810.71 1.00 $57,662.90 S57,662.90 1,S 1 1.00 Change Order subtotal *Adjustments due to CCOs 5, 11, and 12 are included as a line item change GRAND TOTAL $22,918.51 $22,91851 S6/3.781 89 ($579,29220) $1,912,985.68 Page 2 2 FINAL CONTRACT BALANCE CHANGE ORDER DISCUSSION: Added line items: Change Order Numbers One through Twelve were added for an aggregate total of $613,78 L89. During the course of construction, field conditions were discovered, time -sensitive work, or Ctiy-initiated change orders were approved and added to the project with the following 12 change orders: I) Tree trimming at residential streets 2) Tree trimming at commercial streets 3) Remove and stump grind large trees at 2119 and 2222 Melrose Street 4) Sweetwater Road sidewalk erosion control — grading and slope landscaping 5) Add seven (7) additional streets to resurface to the base contract by $500,149.05 per Resolution 2009-259 6) Saturday dig -outs due to safety concerns in front of National City Middle and Otis Elementary Schools on E 18`h Street between D and I Iighland Avenues 7) Removal and replacement of In -pavement flashing lights at school crosswalk on E 24th Street and F Avenue 8) Purchase and install two detector cards and 250 lineal feet of Detector Leading Cable (DLC) at E 8th Street and Palm Avenue 9) Purchase and install signage, barricade, and high intensity striping for crosswalk at E 16th St and Palm Avenue 10) Remove and replace one (1) In -pavement flashing light piece at E 24th Street and F Avenue 11) Resurfacing, concrete, striping, and traffic improvements at and north of E 18th Street and Palm Avenue 12) Remove and replace a) traffic loops at 13 locations and b) a combination of signage, barricade, and/or striping at three (3) locations Therefore, the construction bid price of $1,272,720.00 was increased by $61 3,781.89 to $1,886,501.89_ Furthermore, line item increases/deductions as shown in the final balance change order totaling $26,483.79 were added to the scopc of work per the contract and specifications due to additional deteriorated conditions discovered while work was in progress. Therefore, the construction cost of $1,886,501.89 was increased to a final construction cost of $1,912,985.68. Page 3 3 FINAL CONTRACT BALANCE CHANGE ORDER CONTRACT ADJUSTMENT: As a result of this change order, the contract price is adjusted as follows_ I_ The final contract price to date is adjusted to S1,912,985.68. 2_ As a result of the satisfactory completion of said project, a retention and final balance of S99,810.40 is set for invoice processing and payment upon the receipt of required signatures and City Council's ratification of this agreement and the Notice of Completion. This document and its purpose to balance payment shall be considered full compensation for furnishing and installing the materials, labor, tools and equipment, profit, overhead, and all incidentals for performing the work described above. Koch -Armstrong General Engineering, Inc. will not be entitled to damages or additional payment for delays as described in the 2009 edition of the Standard Specifications for Public Works Construction, Section 6-6.3, for performing the work as described above_ Page 4 4 FINAL CONTRACT BALANCE CHANGE ORDER RECOMMENDED FOR APPROVAL BY: Ryr W, Associates ject Manager (Consultant) �l1PLL2 c --26. -rJ DATE Kenneth Fernandez DATE CIVIL ENGINEERING TECHNICIAN NATIONAL CITY PROJECT COORDINATOR REVIEWED BY: Din Daneshfar, P.E. PRINCIPAL CIVIL, ENGINEER ryam Babaki, P.E. CITY ENGINEER ACCEPTED BY: /6-1- Koch-Armstrong General Engineering, Inc. CONTRACTOR APPROVED BY: Ron Morrison MAYOR City of National City Resolution Number: DATE Iv- '7-- DATE DATE Page 5 5 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: CI I'Y OF NATIONAL CITY 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950-4301 NOTICE OF COMPLETION CALIFORNIA CIVIL CODE SECTION 3093 NOTICE IS HEREBY GIVEN of the completion on June 22, 2010, of: National City Street Resurfacing Project, FY 09-10, Specification No. 09-09 Work of improvement or portion of work of improvement under construction or alteration. Various street sections throughout National City, CA Street address City State 91950 Zip Code The undersigned owns the following interest or estate in said property: N/A Nature of the interest or estate of owner (mortgagor, lessee, etc.) Said work of improvement was performed on the property pursuant to a contract with Koch -Armstrong General Engineering, Inc. Name of Original Contractor The following work and material were supplied: Laborer Groups, Bob Cat, Trucks, Temporary Pumps, Cement Masons, Operators, Paving Equipment, Traffic Control Equipment, Sweeper, Loaders, etc. General statement of kind of labor, services, equipment or materials The names and addresses of co -owners are: N/A Joint tenants, tenants in common, or other owners Dated: June 22, 2010. Ron Morrison, Mayor City of National City, 1243 National City Blvd., National City, CA 91950-4301 1, the undersigned, say: I have read the foregoing Notice of Completion, and know the contents thereof; the same is true of my own knowledge_ I declare under penalty of perjury that the forgoing is true and correct. Executed on June 22, 2010, at National City, California. Signature: RON MORRISON, MAYOR N(N: 09-09 6 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 22, 2010 AGENDA ITEM NO. 13 EM TITLE: Resolution of the City Council of National City approving a contract agreement between the City and D-Max Engineering, Inc. for the Not -to -Exceed amount of $250,000 to provide the City with engineering and environmental services and assist implementing National Pollutants Discharge Elimination System (NPDES) Permit requirements (Funding will be through Sewer Service Funds) tigtr PREPARED BY: Barby Tipton DEPARTMENT: Devel., ? ' ery 'es/ PHONE: APPROVED BY• En EXPLANATION: See attached explanation. FINANCIAL STATEMENT: ACCOUNT NO. 125-406-029-299 APPROVED: APPROVED: This agreement is for contract cost with a "Not to Exceed" amount of $250,00 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Resolution 3. Agreement Explanation: Based upon requirements of the adopted National Pollutants Discharge Elimination System (NPDES) Permit No. CAS0108758, Order No. R9-2007- 0001, and the City's Jurisdictional Urban Runoff Management Program (JURMP), the City is committed continually to implement its efforts in various aspects of this program and maintain its compliance with the permit requirements. The program consists of the implementation of the Municipal, Industrial, Commercial, Residential, Land Use Planning for New Development/Redevelopment, Construction, Illicit Connection/Illegal Discharge, Education, Public Participation, and Program Assessment components as outlined in the City's JURMP. On May 11, 2010, the City issued a Request for Proposal (RFP) to assist with the City's National Pollutant Discharge Elimination System (NPDES) Program. In addition to posting the RFP on the City's Website, 20 firms were sent the RFP. On June 2, 2010, the 2 responses submitted were reviewed. D-Max Engineering was selected based cost, knowledge & understanding of the environment, and history of performance. The proposed scope of work is consistent with the requirements of the NPDES permit and commitments made by the City in its JURMP. The contract before Council for approval is for the general environmental and engineering services for the NPDES program, outlined in Exhibit "A". Staff recommends approval of this contract. The fee for performing the work is a "Not to Exceed" amount of $250,000. The funds are available from the Sewer Service Fund. RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH D-MAX ENGINEERING, INC., FOR THE NOT -TO -EXCEED AMOUNT OF $250,000 TO PROVIDE THE CITY WITH ENGINEERING AND ENVIRONMENTAL SERVICES, AND ASSIST IMPLEMENTING NATIONAL POLLUTANTS DISCHARGE ELIMINATION SYSTEM PERMIT REQUIREMENTS WHEREAS, based upon requirements of the adopted National Pollutants Discharge Elimination System (NPDES) Permit No. CAS0108758, Order No. R9-2007-0001, and the National City Jurisdictional Urban Runoff Management Program (JURMP), the City is committed to implement its efforts in various aspects of this program and maintain its compliance with the permit requirements; and WHEREAS, the City desires to employ a contractor to provide the City with engineering and environmental services, and to assist implementing NPDES permit requirements; and WHEREAS, the City has determined that D-Max Engineering, Inc. is a professional engineering and environmental consulting firm, and is qualified by experience and ability to perform the services desired by the City, and D-Max Engineering, Inc. is willing to perform such services in the not -to -exceed amount of $250,000. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the Mayor to execute an agreement with D-Max Engineering, Inc. in the not -to -exceed amount of $250,000 to provide the City with engineering and environmental services, and assist implementing National Pollutants Discharge Elimination System Permit requirements. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 22nd day of June, 2010. Ron Morrison, Mayor ATTEST: Mike Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney FOLLOWS_ AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND D-MAX ENGINEERING, INC. THIS AGREEMENT is entered into this 22th day of June, 2010, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and D-MAX ENGINEERING, INC., a water and environmental science consulting firm (the 'CONSULTANT")_ RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide Storm Water Consulting support. WHEREAS, the CITY has determined that the CONSULTANT is a consultant in water and environmental sciences 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 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 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 15% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Barbara A. Tipton hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall i assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT_ Arasalan Dadkhah thereby is designated as the Project Director for the CONSULTANT. 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed amount of $250,000.00, the schedule given in Exhibit "A" 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 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 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 time durations for specific portions of the Project are set forth in Exhibit "A", which is June 30, 2011 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. 2 2 City's Standard Agreement — June 2008 revision 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 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 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 3 3 City's Standard Agreement - June 2008 revision 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 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 4 4 Citys Standard Agreement - June 2008 revision 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_ 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, Toss, 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 d maintain, and shall require its subCONSULTANTs, when applicable, to purchase and rvain ain throughout the term of this agreement, the following insurance policies: a . A 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. 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 5 City's Standard Agreement — June 2008 revision 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. 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 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 pad 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 attomey'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, 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 6 City's Standard Agreement — June 2008 revision 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 1243 National City Blvd National City, CA 91950-4301 Phone: 619-336-4380 Fax: 619-336-4397 Arsalan Dadkhah, Ph.D., P.E. 7200 Trade Street, Suite 119 San Diego, CA 92121 Phone: 858-586-6600 Fax: 858-586-6644 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 7 7 City's Standard Agreement -- June 2008 revision 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. ❑ 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. 8 8 Citys Standard Agreement — June 2008 revision H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 1. 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 By: Ron Morrison, Mayor APPROVED AS TO FORM: George H. Eiser, 111 City Attorney D-MAX ENGINEERING, INC. (Corporation - signatures of two corporate officers) (Partnership - one signature) (Sole proprietorship - one signature) BY: a- - �Ie�GG�� (Name) 77 DdiaaG� (Print) �reJ'ic�'P�l %L (Title) 10 t14i,�r� (Print) See re - (Title) 9 9 City's Standard Agreement - June 2008 revision NMI— EN — /NOM WNW INN On AMU UV ONIA vs —__ - AIM lA EXHIBIT A D-MAx will provide storm water services to assist the City of National City in complying with NPDES permits and enhance the water quality of runoff generated within the City. The tasks anticipated to be necessary during the fiscal year are categorized into two groups. Group I tasks are similar to those completed during 2009-2010. Group II tasks are related to new regulatory requirements. Since Group 1 tasks are most critical for permit compliance, we propose giving these tasks first priority_ The relative priorities to be assigned to different tasks will be discussed at the annual program kick-off meeting and revisited periodically at the monthly coordination meetings to ensure the City's needs are being met_ Group I Tasks ■ Project Coordination. Provide all project coordination necessary to perform the work for the City's NPDES program implementation. Project coordination will include monthly project status meetings with the City of National City and other related agencies for the duration of this contract. Also included in the program coordination are: • Management of the program kick-off meeting and all necessary meetings with other concerned and involved agencies and community groups. • Management of all project -related meetings, including agenda and meeting minute preparation and distribution. • Assisting the City with coordination and correspondence with the RWQCB regarding National City's storm water program. • Data Management and GIS. To facilitate annual reporting and to manage various JURMP programs on a day-to-day basis, data must be tracked and stored in a reliable, easy -to -use manner. This includes data from the City's construction, industrial, commercial, development, and municipal programs_ D-MAx has created four separate Microsoft Access databases for the City: one each for construction inspections, industrial/commercial inspections, SUSMP post -construction best management practice (BMP) tracking and inspections, and a variety of municipal activities. D-MAX will also assist the City with GIS analysis where necessary for the NPDES program. D-MAx will enter data provided by the City and regularly provide the City with copies of the databases it maintains. • Assist in Compliance Inspection Program. We will assist the City's compliance inspection team with the following services: • Conducting construction field inspections • Conducting industrial and commercial field inspections • Conducting SUSMP post -construction BMP inspections • Conducting municipal facilities and activities inspections • Conducting follow-up, complaint, and/or other special inspections, as applicable • Data entry into databases for these inspections • SUSMP Implementation and Document Preparation. We will continue to assist the City with implementation of the SUSMP program as follows. This task also 1 10 MMINNINO- - v - MINNONs MN --- ---wv 4111111L1LA includes assisting the City in implementing tasks related to the new Hydromodification Management Plan (HMP) that is currently under review by the RWQCB_ It is anticipated that the HMP will be approved by the RWQCB in June 2010. The City will then have 180 days to adopt the HMP requirements into the City's SUSMP Manual and/or related ordinances. Note that review of SUSMP report and Storm Water Pollution Prevention Plan (SWPPP) documents are included under a different contract_ ▪ Assist with required revisions to the City's SUSMP Manual and related ordinances in accordance with the new HMP. ■ Assist in complying with requirements of the SUSMP • Conduct coordination meetings with various City departments and assist in refinement of the SUSMP process - Review erosion and sediment control plans - Assist in selecting and irnplementing BMPs ■ Conduct educational presentations as required in the City's JURMP and Section D.5.b_(b) of the new Municipal Permit ▪ Prepare SUSMPs and construction SWPPPs for City Capital improvement Projects ■ Dry Weather Field Screening and Analytical Monitoring. This task will include conducting one round of field screening in accordance with the requirements of the Municipal Permit. The objective of this program is to detect and eliminate illicit connections and illegal discharges (IC/IDs) in order to minimize the negative impacts of human activities on receiving water bodies. The City of National City has identified 15 primary monitoring stations where data will be collected during the dry weather analytical and field screening monitoring program. In the event that a site is dry, visual observations will be recorded and an alternate site will be selected. This task will include the following: Visual Observations: Visual observations include Looking for evidence of dry weather flows such as staining, corrosion, sediment, surrounding vegetation, algae, mosquito larvae, insects, and animals in the vicinity of the outfall. Field Analysis: At each site the flow and its temperature will he measured, and a sample will be taken for field analyses of the following parameters: • Specific conductance • Temperature • Turbidity • p1I • Reactive Phosphorus • Nitrate Nitrogen • Ammonia Nitrogen • Surfactants (MBAS) Analytical Monitoring: Water samples from 25 percent of the sites where ponded or flowing water is observed, will be collected and submitted to a California 2 11 { wI �-- INN MN' VM I sus MI AIM MIIn! Ai VT Department of Health Services certified laboratory for analysis of the following constituents: • Total hardness • Oil and grease • Diazinon and Chlorpyrifos • Cadmium (Dissolved) • Copper (Dissolved) Lead (Dissolved) • Zinc (Dissolved) • Enterococcus bacteria • Total Coliform bacteria • Fecal Coliform bacteria Trash Monitoring: The Municipal Permit requires that the City implement a trash monitoring program during dry weather monitoring. The Copermittee Dry Weather Monitoring Sub-Workgroup developed a trash assessment form and procedures for trash monitoring. We will complete a trash assessment form at each routine site visit. Dry Weather Data Conversion: The County of San Diego maintains a regional database of dry weather monitoring data collected by the Copermittees. The County requires that each City convert its dry weather monitoring data into a standard format so that it can be easily uploaded into the regional database. The process involves converting the data from tables designed for ease of reading and reference to more duplicative tables that are designed to allow for more efficient data analysis using the regional database. D-MAx will assist the City by performing this conversion process. Preparation of a Summary Report: At the conclusion of the field screening program, a report will be prepared to summarize the observations and the results of the study, including trash monitoring. The report will include our interpretation of the field data and test results as to the possible presence of 1C/1Ds. Reporting also includes preparing a spreadsheet of the collected data in the regionally standardized format and subrnitting it to the County of San Diego. ■ Follow -Up Investigations. During the dry weather field screening program if field investigations do not reveal a specific source of contamination, or if the results of the laboratory analysis indicate presence of pollutants in excess of action levels, further investigation will be conducted which may include the following steps: • Tracing flows or discharges upstream • Conducting field screening sampling • Contacting dischargers • Sampling for laboratory analysis • Documenting source investigations At the conclusion of the follow-up investigations, a summary report will be prepared summarizing the findings, conclusions and recommendations. Per Municipal Permit requirements, all laboratory analytical exceedances will be followed up within two business days of receiving the results from the lab. Also, upstream investigations for bacteria will utilize Colilert and Enterolert methods for bacterial analyses. These 12 3 NMI IMMIMM INN N r.MPS --,.n wdla — newer methods have a faster turnaround time than standard analysis methods, which is an advantage during upstream source tracking investigations. ■ MS4 Monitoring. The new Municipal Permit requires that the City conduct MS4 outfall monitoring. The MS4 monitoring will be conducted prior to August 1 and will include additional laboratory analytical work. The goal of the MS4 outfall monitoring program is to provide additional assessment of the potential for outfatls that discharge directly to receiving water bodies to discharge pollutants of concern associated with the applicable receiving water body. D-MAx will conduct MS4 outfall monitoring as described in the Coperrnittees' MS4 outfall monitoring workplan. We will also provide a spreadsheet of the MS4 outfall monitoring data in the regionally standardized format in advance of the regionally established deadline for targeted dry weather MS4 outfall monitoring data submittal ■ JURMP Annual Report. As a requirement of the Municipal Permit, the City must produce an annual report to the RWQCB detailing the activities that have been conducted during the previous reporting period to reduce pollutants in urban runoff. The JURMP Annual Report to be submitted by September 30, 2010, will document the activities that the City has conducted during the past reporting period of July 1, 2009 through June 30, 2010. Report preparation includes the following: Coordinate Information Transfer with City personnel Contacting several City departments to acquire information on the program implementation and special activities carried out through the year_ We wilt have initial meetings with responsible personnel at each department to prepare a plan for receiving information regarding the implementation of the City's JURMP. We will stay in contact with the City's departments thereafter. Pertinent information will be acquired under this task to be used in the report. Review and Respond to RWQCB Comments If any comments on the 2008-2009 JURMP Annual Report are received, we will prepare a response to those comments and include it as an attachment to the 2009-2010 JURMP Annual Report. Prepare JURMP Annual Report This task includes the preparation of the JURMP Annual Report in accordance with Section I of the Municipal Permit. A draft report wilt be prepared and submitted to the City for comments, after which a final report will be prepared. Two hard copies and four electronic copies of the final report will be prepared and delivered to the City_ The following sections will be included in the report: ► Executive Summary: will include summary of overall changes in requirements and lists of key achievements for the various elements of the City's program. ► Introduction: will include a summary of the City's storm water program, the relevant regulatory requirements, and a summary list of key achievements. ► Development Planning: will include descriptions of the City's efforts to require BMP implementation for new development and redevelopment projects, including the City's SUSMP; treatment control BMP inventory update; treatment control BMP inspections; and treatment control BMP operation and maintenance verifications. 4 13 w- A I v MN ISM "am MN a — NM --- av dENIMwdi " 41MbLfA ► Construction: will include a description of the City's new BMP requirements and inventory management and inspection efforts, including enforcement. ► Municipal: will include descriptions of the City's updated programs for activities such as street sweeping, MS4 maintenance, and fertilizer management. A description of the City's inspections of municipal facilities and activities, including any relevant enforcement action, will also be included. ► Industrial/Commercial: will include a description of the City's new BMP requirements and inventory management and inspection efforts, including enforcement. It will also include a discussion of the City's efforts with respect to mobile businesses. ► Residential: will include a description of the City's education and enforcement efforts, including complaint investigations, related to residential areas. ► Illicit Discharge Detection and Elimination (IDDE): will include descriptions of complaint receipt and responses, mechanisms to prevent and respond to sanitary sewer spills, Dry Weather Monitoring Program results, responses to recommendations generated based on the previous year's Dry Weather Monitoring Program, and a summary of the illicit connections and illegal discharges detected in the City and how they were resolved_ ► Education: will include descriptions of various educational efforts by the City. The new Municipal Permit emphasizes presenting educational efforts categorized by type of target audience. ► Public Participation: will include a description of the City's efforts to involve the public in the development and implementation of its storm water program_ ► Fiscal Analysis: will include a summary of the funding sources for the City's storm water program and budget line items. A new fiscal analysis framework has been developed by the Copermittees, and it will need to be implemented for the 2009/2010 JURMP Annual Report. Adapting the City's financial information to the new format will require developing a different structure for the section and working with the City to match financial data to the standard categories provided in the new fiscal analysis framework adopted by the Copermittees. ► Effectiveness Assessment: will include analyses of the effectiveness of the City's storm water program. The matrix presented in the City's 2008-2009 JURMP Annual Report will be used as a guideline for this section, and graphs of Dry Weather Monitoring Program data similar to what has been presented in previous annual reports will also be prepared. ► Special Investigations: will include a summary of any additional progress on the clean cornmunity program and any other relevant special studies completed during 2009-2010. ► Conclusions: will include a brief conclusions section similar to what has been presented in previous annual reports. 5 14 -- a - -tea ors - ▪ wtr• *v ■ Training and Education. D-MAx will conduct educational workshops and/or prepare education materials at the City's request to target audiences identified in the JURMP document. An educational calendar has been prepared in each of the last several years. We will coordinate with the City to determine if a similar approach should be used in 2010-2011 or whether a different approach will be more beneficial. Educational content for other programs may cover a variety of topics related to storm water quality and watershed concepts listed in the JURMP and be tailored to each specific audience. Most likely the City will focus its outreach efforts on one or two target audiences or topics; workshops and target audiences could include those listed below: Planning and Engineering Departments The goal of this workshop will be to inform the Planning and Engineering Departments of general concepts listed in the JURMP and to address new Permit requirements relevant to each department. The Permit requires changes in land - use planning and engineering aspects of new development and redevelopment projects within the City, including the implementation of the City's SUSMP. Among the new requirements is the implementation of Low Impact Development (LID) measures for all development projects and hydromodification management measures for Priority Development Projects Subject to SUSMP. Public Works Staff The workshop will be targeted towards public works employees and will focus mainly on the practical aspects of BMP implementation. It will also address changes in public works operations required by the Municipal Permit, such as effects on channel maintenance and storm drain cleanout frequency. In the event that the City's NPDES Storm Water Compliance Inspector conducts this training, D-MAx will not provide a training session for this audience. Construction Inspectors The educational workshop for construction inspectors will include general concepts listed in the JURMP and additionally cover such topics as BMP implementation and maintenance, good housekeeping measures, site inspections and inspection frequency. School Students We will assist the City in providing training workshops for school students. The topics for these workshops include the source of pollutants, the impact of pollutants on the receiving water bodies and BMPs to prevent the pollutions. Workshops At the request of the City, we will provide targeted educational workshops for various industry or stakeholder groups. D-MAX has recently conducted workshops for industrial businesses, automotive businesses, the development and construction industry, and City residents. Educational Materials We will assist the City in developing educational materials such as pamphlets, calendars, articles for newsletter or websites, or fact sheets. These materials may to be targeted at the development community, City residents, industrial and commercial businesses, City staff, or other audiences. The Municipal Permit 6 15 1•.4111111k MOD Mil MIMI M+=W- INN ANNINM £v WI raA requires additional education related to watershed concepts and watershed pollutants of concern. ■ Watershed Urban Runoff Management Program_ The City of National City is located within the San Diego Bay Watershed. The Municipal Permit requires each Copermittee to collaborate with other Copermittees within its watershed to identify and mitigate the highest priority water quality issues/pollutants in the watershed. D-MAx will coordinate with the watershed Copermittees on behalf of the City of National City and fulfill the group requirements per the City instructions. Since 2004 we have assisted the City by helping write the San Diego Bay WURMP Annual Reports, and the City has been listed as among the primary authors of those annual reports. The City is also required to implement activities that measurably change knowledge, awareness, or behavior or target audiences and activities that result in significant pollutant load reductions or source abatement each year. We will assist the City with implementing these activities to meet WURMP requirements_ ■ Representing the City in Various Meetings. D-MAx will represent the City of National City in various meetings including those with other Copermittees, the Regional Board, and/or Regional Workgroups. The City has taken on the responsibility of serving as the secretary for the Regional WURMP Workgroup, and we will assist the City in fulfilling that responsibility. ■ Other Storm Water Services. It has been our experience with other local municipalities and with the City of National City that storm water related situations arise from time to time that require immediate or expert action. D-MAX will be pleased to provide any other as -needed, on -call services to the City of National City that have not been identified above. Group II Tasks ■ Source Identification Special Studies. Additional monitoring studies may be necessary for source investigation purposes, including for efforts linked to WURMP activity implementation to address watershed pollutants of concern or to TMDLs. In some portions of the City exceedances have been noted for several consecutive years in the dry weather monitoring program, and it may be necessary to perform additional monitoring beyond the typical dry weather follow-up investigations to evaluate the effectiveness of measures taken to address the sources of the exceedances. The new Municipal Permit also includes stricter requirements for effectiveness assessment, including outcome levels 4, 5, and 6 (load reduction, change in quality of discharge, and change in receiving water quality)_ Additional monitoring may be required to evaluate the effectiveness of City activities in accordance with these requirements. 7 16 —ram s AM IMAM S was EA AIM =mom OMMINI 'MIN Av IAA • Web -Based Database Development. The City's current NPDES program databases are in MS Access format. D-MAx maintains the databases and periodically sends updated versions to the City. We propose to develop web - based data management systems that can be used to track the data that most regularly changes, such as industrial and commercial inspections. Using a web -based database will allow for both City and D-MAx users to access up to date data without the process of transferring MS Access files back and forth. This will help the City better comply with Municipal Permit requirements through more effective information transfer and a clearer understanding of where enforcement actions are needed. D-MAx will provide hosting for the data, but the City will retain ownership of all data. Access to the site will through a password -protected login. • TMDL Planning_ The Paleta Creek/7th Street Channel TMDL is currently under development, and TMDLs related to 303(d) listed impairments in the City of National City are proposed in the future. We will use monitoring data, inspection data, land use information, and other relevant data to prepare a strategic framework for taking actions with respect to TMDL regulations. The framework will include an assessment of sources within the watershed for each impaired water body, an assessment of potential BMPs or related management measures to address the identified sources, and methods that can be used to assess the effectiveness of implementing the BMPs. A draft framework document will be prepared and provided to the City for review. Review comments will be incorporated, after which the document will be finalized and delivered to the City. 8 17 EXHIBIT B COST SUMMARY & FEE SCHEDULE We propose to complete the aforementioned services on a time and materials basis (not to exceed $250,000 total) in accordance with the attached schedule of fees. Our estimated costs are listed below. Principal Engineer Project Scientist Asst Proj Scientist Staff Scientist Drafter Word Processor Clerk ODC* Total Rate $140 $110 $95 $85 $65 $55 $50 Group I Tasks Project Coordination 40 40 20 $40C $12,300 Data Management and GIS 4 20 12 20 45 $8,075 Assist in Compliance Inspection Program 12 24 60 440 60 $1,800 $52,520 SUSMP Implementation and Document Preparation 40 50 48 8 $100 $16,200 Dry Weather Analytical Monitoring and Field Screening 12 16 24 84 4 8 $3,275 ' $16,835 Follow-up Investigations 8 8 16 60 4 4 $2,900 $12,000 MS4 Monitoring 2 2 6 24 2 2 $1,500 $4,850 JURMP Annual Report 20 50 130 30 12 $200 $24,060 Training and Education 20 20 60 20 20 $5,000 $18,500 Watershed Urban Runoff Management Program 16 50 54 30 12 $700 $16,780 Representing the City in Various Meetings 30 50 16 $800 $12,020 Other Storm Water Services 8 8 16 20 8 $200 $5,860 Total 212 338 462 728 10 179 0 $16,875 $200,000 Group II Tasks Source Identification and Special Studies 12 32 40 180 8 16 $3,120 $28,820 Web -Based Database Development 6 32 16 100 $14,380 TMDL Planning 12 12 40 $6,800 Total 30 76 96 280 8 16 0 $3,120 $ 50,000 EXHIBIT B COST SUMMARY & FEE SCHEDULE SCHEDULE OF FEES January 1, 2010 This Schedule of Fees will be adjusted periodically. The new fee schedule will apply to all existing and new work. LABOR Classification Hourly Rate Clerk* Word Processor* Drafter* Technician* Senior Technician* Staff Scientist/Engineer Assistant Project Scientist/Engineer Project Scientist/Engineer Senior Scientist/Engineer Principal Scientist/Engineer $ 50 55 65 65 75 85 95 110 120 140 * Overtime (in excess of 8 hours per day) and weekend hours will be charged at 1.5 times the above rates for non-exempt personnel. Field and hourly services will be charged portal to portal from our office, with a two- hour minimum. Appearance as expert witnesses at court trials, mediation, arbitration hearings and depositions will be charged at $200/hour. Time spent preparing for such appearances will be charged at the above standard hourly rates. OTHER CHARGES Subcontracted services, such as sub consultants, outside testing, drilling, and surveyors, will be charged at cost plus 15%. Other project -specific costs, such as rentals, expendable or special supplies, special project insurance, permits and licenses, shipping, subsistence, tolls and parking, outside copying/printing, etc., will he charged at cost plus 15%. Mileage will be charged at a rate of $0.57 per mile. Client will be responsible for any applicable taxes in addition to the fees due for Services. 19 EXHIBIT C PROJECT SCHEDULE Tasks JULY 2010 AUG 2010 SEP ' 2010 OCT 2010 NOV 2010 DEC 2010 JAN 2011 FEB 2011 MAR 2011 APR 2011 MAY 2011 JUN 2011 Project Coordination Data Management Assist in Compliance Inspection Program Weather DWeather Analytical Monitoring and Field Screening Follow -Up Investigations rariiti MS4 Monitoring JURMP Annual Report Training and Education Watershed Urban Runoff Management Program Representing the City in Various Meetings Other Storm Water Services r Source Identification and Special Studies Web•Based Database Development TMDL Planning ACO L7R CERTIFICATE OF LIABILITY INSURANCE DATE (MMI0p1YYYY) 12/10/09 IPRODUCER 0A99520 Cavignac & Associates 8 Street, Suite 1800 .,_.. Diego, CA 92101-8005 certificates@cavignac,_com INSURED D-MAX Engineering, Inc. 7220 Trade Street, Suite 119 San Diego, CA 92121 1-619-234-6848 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POL CIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURER A: TRAVELERS PROPERTY CAS CO OF AMER 25674 INSURER B TRAVELERS CAS & SURETY CO 19038_ INSURER C. CATLIN INS CO 19518 INSURER a INSURER E_ COVERAGES THE ANY MAY POLICIES. INSR LTR POLICIES OF INSURANCE LISTED BELOW REQUIREMENT, TERM OR CONDITION PERTAIN. THE INSURANCE AFFORDED AGGREGATE LIMITS SHOWN MAY IADULI ' TYPE OF INSVBARCE HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR BY THE POLICIES DESCRIBED I EREIN IS SUBJECT TO ALL THE- TERMS. EXCLUSIONS AND CONDITIONS OF SUCH HAVE BEEN REDUCED BY PAIO CLAIMS_ POLICY NUMBER PotICY EFFECTIVE BATE (MMIDOIYYYYI POLICY EXPIRATION PATE (MM%DDM'YY1 I.iMITS A X i GENERAL X X X GENE. LIAOILITY !COMMERCIAL GENERAL LIABILITY 1 J CLAIMS MADE I X I OCCUR t Contractual Liab. 6807350L622 01/01/10 01/01/11 EACH OCCURRENCE - S 1,000,000 - - $ 1,000, 000 S 10, 000 $ 1,000 000 5 2,000,000 52.000,000 DAMAGE SO RENTED PREMISES (Ea ocmnencc) MEO EXP (Any one person) PERSONAL INJURY I Separation of Insuredf GENERAL AGGREGATE PRODUCTS - COMP/OP AGG AGGREGATE LIMIT APPLIES PER- j POLICY TX 1 PROT 1-1 I.00 JEC Deductible None I IX AA AUTOMOBILE X _.—i LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRE() AU IDS NON -OWNED AUTOS 8A8924L251 01/01/10 01/01/11 COMBINED SINGLE LIMIT (Ea actIdent) 51, 000, 000 OODILY INJURY (Per poson) S $ BODILY INJURY (Per acctenl) PROPERTY DAMAGE (Per accide n1) GARAGE LtnaktTY ANY AUTO --- AUTO ONLY - EAACC1OENI $ EA ACC OTHER THAN S I AUTOONLY_ AGO S EXCESS __.I --]1_ !UMBRELLA LIABIL IIY OCCUR L__l CLAIMS MADE DEDUCTIBLE RETENTION 5 EACH OCCURRENCE $ AGGREGATE 5 5 5 8 WORKERS COMPENSATION AND EMPLOYERS unBIurY YJN ANY PROPR:R/PARTNLR.'EXECUIIVE I I OFFICER/MEMBER EXCLUDED? (Mandalory in NH) If yes. describe under SPECIALPROVISIONSbele U85527 Y62B 01/01/10 O1/O1/11 [ WC SEATO- 1 IjOTH- X1TORYLIM(TS ..._.jER. E.L. EACH ACCIDENT E.L. DISEASE- EA EMPLOYE9 — ----------------- E.L. DISEASE- POLICY LIMIT I s 1,000,000 $ 1,000, 000 S 1,000, 000 C OTI IER Professional Liability Claims made, defense costs included within limit AE0985360111 01/01/10 01/01/11 Each Claim 1,000,000 Aggregate 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEI OGLES I EXCLUSIONS AUDE➢BY ENUORSEMENI !SPECIAL PROV SIGNS RE, Storm Water Services. The City of National City, its elected officials, officers, agents, and employees are additional insured with respect t( general liability per attached & auto liability per policy form. Waiver of Subrogation applies to workers compensation per attached. CERTIFICATE HOLDER CANCELLATION .10 days NOC for non-payment of premium City of National City City Attorney's Office National City Blvd onal City, CA 91950-4397 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES 0 E CANCELLEDOEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TOMAIL 30• DAYS I'JRI{TIN NOTICE TO THE CERTIFICATE HO{ DER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHALL IMPOSE NO ORUGATION OR LIABILITY OF ANY KIND UPON TIIE INSURER ITS AGENTS OR REPRESENTATIVES_ AUTHORI2E0 REPRESENTATIVE ACORD 25 (200910i) Katherine ©1988-2009 ACORD CORPORATION. All rights reserved. 14043536 The ACORD name and logo are registered marks of ACORD 21 POLICY NUMBER: 660735OL622 COMMERCIAL GENERAL LIABILITY DATE ISSUED: 12730/09 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 FORM SCHEDULE NAME OF PERSON(S) OR ORGANIZATION(S): The City of National City, its elected officials, officers, agents, and employees PROJECT/LOCATION OF COVERED OPERATIONS: Storm Water Services PROVISIONS A The following is added to WHO IS AN INSURED (Section 11): 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 stated in the CG 03 82 09 07 2007 The Travelers Companies, Inc. Page 1 of 2 Includes the copyrighted material of Insurance Services Office. Inc.. with its permission 22 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 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. 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. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that 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. CG 03 82 09 07 2007 The Travelers Companies, Inc_ Page 2 of 2 Includes the copyrighted material of Insurance Services Office, Inc , with its permission 23 Policy No. BA8924L251 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorse- ment, the provisions of the Coverage Form apply unless modified by the endorsement. The following is added to the Section tt — Liability Coverage, Paragraph A.1. Who Is An Insured Pro- vision: Any person or organization that you are required to include as additional insured on the Coverage Forrrl in CAT4370808 a written contract or agreement that is signed and executed by you before the 'bodily injury" or "property damage" occurs and that is in effect during the policy period is an "insured" for liability Coverage, but only for damages to which this insurance applies and only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. <d 2008 The Travelers Companies, Inc_ Page 1 of 1 24 TRAVELERS WORKERS COM PENSATtON AND EMPLOYERS LIABILITY POLICY ENDORSHMENT WC 99 03 76 (00) POLICY NUMBER: oassziYcze 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 rcco!ds accurately segregating the remuneration of your employees while engaged in the +vork described in the Schedule. The additional premium for this endorsement shall be % of the California workers compensation premium otherwise due on such remuneration_ Schedule Person or Organization Job Description ALL PERSONS OR ORGANIZATIONS THAT ARE PARTIES TO A CONTRACT THAT REQUIRES YOU TO OBTAIN THIS AGREEMENT, PROVIDED YOU EXECUTED TUE CONTRACT BEFORE THE LOSS_ 25 City of National City, California COUNCIL AGENDA STATEMENT .MEETING DATE June 22, 2010 AGENDA ITEM NO. 14 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 2010 FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES. PREPARED BY Michael R. Dalla DEPARTMENT City Clerk EXPLANATION The proposed Resolution would call for the holding of a General Municipal Election to be held on November 2, 2010, for the purpose of electing a Mayor for a full term of four (4) years, and two (2) members of the City Council for a full term of four (4) years each. Environmental Review X N/A Financial Statement Sufficient funds are budgeted. Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. 1. Proposed Resolution A-200 (9/99) RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CALLING FOR THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 2010, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA RELATING TO GENERAL LAW CITIES WHEREAS, under the provisions of the laws relating to General Law cities in the State of California, a General Municipal Election shall be held on November 2, 2010, for the election of municipal officers. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. That pursuant to the requirements of the laws of the State of California relating to General Law cities, there is called and ordered to be held in the City of National City, California, on Tuesday, November 2, 2010, a General Municipal Election for the purpose of electing one mayor for a full term of four (4) years and two (2) members of the City Council for a full term of four (4) years each. SECTION 2. That the ballots to be used at the election shall be in form and content as required by law. SECTION 3. That the City Clerk is authorized to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. SECTION 4. That pursuant to Section 10242 of the California Elections Code, the polls for the election shall be open at seven o'clock a.m. of the day of the election and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed, except as provided in Section 14401 of the California Elections Code. SECTION 5. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 6. That notice of the time and place of holding the election is hereby given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form, and manner as required by law. SECTION 7. That the City Clerk shall certify to the passage and adoption of the Resolution, and enter it into the book of original Resolutions of the City. PASSED and ADOPTED this 22nd day of June, 2010. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael Dalla, City Clerk George H. Eiser, III, City Attorney City of National City, California COUNCIL AGENDA STATEMENT .AEETING DATE June 22, 2010 AGENDA ITEM NO. 15 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 2, 2010, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE SAME DATE PURSUANT TO SECTION 10403 OF THE ELECTION CODE. PREPARED BY Michael R. Dalla EXPLANATION DEPARTMENT City Clerk Section 10403 of the California Elections Code authorizes the City to place an election ballot on the same ballot as that provided for a statewide election, and to consolidate a general municipal election with a statewide election, upon the filing with the County Board of Supervisors of a resolution of the City Council requesting the consolidation. The proposed resolution would satisfy the requirements of Section 10403. Environmental Review X NIA Financial Statement Sufficient funds are budgeted. Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. 1. 1. Proposed Resolution A-200 (9/99) RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SAN DIEGO TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 2, 2010, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THAT DATE PURSUANT TO SECTION 10403 OF THE ELECTIONS CODE WHEREAS, the City Council of the City of National City called a General Municipal Election to be held on November 2, 2010, for the purpose of the election of one mayor for a full term of four (4) years and two (2) members of the City Council for a full term of four (4) years each; and WHEREAS, it is desirable that the General Municipal Election be consolidated with the statewide general election to be held on the same date, and that within the City the precincts, polling places and election officers for the two elections be the same, and that the Registrar of Voters of the County of San Diego canvass the returns of the General Municipal Election, and that the election be held in all respects as if there were only one election. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DOES RESOLVE AS FOLLOWS: SECTION 1. That pursuant to the requirements of Section 10403 of the Elections Code, the Board of Supervisors of the County of San Diego is hereby requested to consent and agree to the consolidation of a General Municipal Election with the statewide general election on Tuesday, November 2, 2010, for the purpose of the election of one mayor for a full term of four (4) years and two (2) members of the City Council for a full term of four (4) years each. SECTION 2. That the Registrar of Voters is authorized to canvass the returns of the General Municipal Election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. SECTION 3. That the Board of Supervisors is requested to issue instructions to the Registrar of Voters to take any and all steps necessary for the holding of the consolidated election. SECTION 4. That the City of National City recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any such costs. SECTION 5. That the City Clerk is hereby directed to file a certified copy of this Resolution with the Board of Supervisors and the Registrar of Voters of the County of San Diego, and enter it into the book of original Resolutions of the City. --- Signature Page to Follow --- Resolution No. 2010 — June 22, 2010 Page 2 PASSED and ADOPTED this 22nd day of June, 2010. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FROM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT 'METING DATE June 22, 2010 AGENDA ITEM NO. 16 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES' STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 2010. PREPARED BY Michael R. Dalla DEPARTMENT City Clerk EXPLANATION We are required by law to adopt regulations for candidates' Statements of Qualifications prior to each Municipal Election. Environmental Review X N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION l ATTACHMENTS ( Listed Below) Resolution No. 1. Proposed Resolution A-200 (9/99) RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING REGULATIONS FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES' STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 2010 WHEREAS, Section 13307 of the Elections Code of the State of California provides that the governing body of any local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidates' statements. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DOES RESOLVE AS FOLLOWS: Section 1. GENERAL PROVISIONS. That pursuant to Section 13307 of the Elections Code of the State of California, each candidate for elective office to be voted for at an election to be held in the City of National City, California on Tuesday, November 2, 2010, may prepare a candidate's statement on an appropriate form provided by the City Clerk. The statement may include the name, age, and occupation of the candidate and a brief description of no more than 200 words of the candidate's education and qualifications expressed by the candidate himself or herself. The statement shall not include party affiliation of the candidate, nor membership or activity in partisan political organizations. The statement shall be filed in typewritten form in the Office of the City Clerk at the time the candidate's nomination papers are filed. The statement may be withdrawn, but not changed, during the period for filing nomination papers and until 6:00 p.m. of the next working day after the close of the nomination period. Section 2. FOREIGN LANGUAGE POLICY. a. Pursuant to state law, the candidates' statement must be translated and printed in Spanish. b. Pursuant to the Voting Rights Act of 1965 (as amended) and the Memorandum of Agreement between the County of San Diego and the United States Department of Justice dated June 23, 2004, the City is required to translate candidates' statements into the following languages in addition to English: Spanish, Tagalog, and Vietnamese. c. The City Clerk shall have all candidates' statements translated into the language specified in (b) above. Section 3. PAYMENT. The candidate shall be required to pay for the cost of printing the candidate's statement in a foreign language. The City Clerk shall estimate the total cost of printing, handling, translating, and mailing the candidates' statements filed pursuant to this section, including costs incurred as a result of complying with the Voting Rights Act of 1965 (as amended), and require each candidate filing a statement to pay in advance to the local agency his or her estimated pro-rata share as a condition of having his or her statement included in the voter's pamphlet. In the event the estimated payment is required, the estimate is just an approximation of the actual cost that varies from one election to another election and may be significantly more or less than the estimate, depending on the actual number of candidates filing statements. Accordingly, the City Clerk is not bound by the estimate and may, on a pro-rata basis, bill the candidate for additional actual expense or refund any excess paid depending on the final actual cost. In the event of underpayment, the City Clerk may require the candidate to Resolution No. 2010 — June 22, 2010 Page 2 pay the balance of the cost incurred. In the event of overpayment, the City Clerk shall pro -rate the excess amount among the candidates and refund the excess amount paid within 30 days of the election. Section 4. ADDITIONAL MATERIALS. No candidate will be permitted to include additional materials in the sample ballot package. Section 5. COPY OF RESOLUTION. The City Clerk shall provide each candidate or the candidate's representative with a copy of this Resolution at the time nominating petitions are issued. Section 6. REPEAL OF PREVIOUS RESOLUTIONS. All previous resolutions establishing Council Policy on payment for candidates' statements are repealed. Section 7. APPLICABILITY. This Resolution shall apply only to the election to be held on November 2, 2010, and shall then be deemed repealed. Section 8. CERTIFICATION BY CITY CLERK. The City Clerk shall certify to the passage and adoption of this Resolution, and enter it into the book of original resolutions. PASSED and ADOPTED this 22nd day of June, 2010. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FROM: George H. Eiser, III City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 22, 2010 AGENDA ITEM NO. 17 EM TITLE: A Resolution of the City Council of the City of National City Rescinding the former Emergency Operations Plan adopted by Resolution 98-50, adopting the City of National City Emergency Operations Plan, and approving submittal of the National City Emergency Operations Plan to the California Emergency Management Agency (FIRE) PREPARED BY: Walter Amedee d'dg- DEPARTMENT: PHONE: 619-336-4556 APPROVED BY: EXPLANATION: The current City of National City Emergency Operations Plan (EOP) was adopted by Resolution 98-50 on May 5, 1998. The National City EOP has since been updated to meet all federal and state criteria as described by the Federal Emergency Management Agency and California's Standardized Emergency Management System Crosswalk developed by the California Emergency Management Agency (CaIEMA). The National City EOP has been updated to describe how the City of National City will manage and respond to major emergency incidents, including a system of organization consisting of City Management, clear designations of distinct functions which must be conducted during a disaster, assignment of distinct functions to City departments; and guidelines for performance of the distinct functions by department. The National City EOP describes the method of requesting mutual aid resources from the County, State, and Federal Governments when needed. In order to be eligible for State and Federal funding for Emergency Services, the National City EOP must be submitted to CaIEMA. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS The National City EOP must be submitted to CaIEMA in order to receive State and Federal funding for Emergency Services. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Rescind the former City of National City Emergency Operations Plan adopted by Resolution 98-50, approve and submit the updated National City EOP to the California Emergency Management Agency BOARD ! COMMISSION RECOMMENDATION: ATTACHMENTS: y of National City Emergency Operations Plan (Copies have been distributed to the Mayor,-Counci 1 solution members and City Clerk's office) RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RESCINDING THE FORMER EMERGENCY OPERATIONS PLAN ADOPTED BY RESOLUTION NO. 1998-50, ADOPTING THE 2010 CITY OF NATIONAL CITY EMERGENCY OPERATIONS PLAN, AND APPROVING SUBMITTAL OF THE NATIONAL CITY EMERGENCY OPERATIONS PLAN TO THE CALIFORNIA EMERGENCY MANAGEMENT AGENCY WHEREAS, the City of National City Emergency Operations Plan has been updated to describe how the City of National City will manage and respond to major emergency incidents, including a system of organization consisting of City Management, clear designations of distinct functions which must be conducted during a disaster, assignment of each distinct function to City departments; and guidelines for performance of the distinct functions by department; and WHEREAS, the City of National City Emergency Operations Plan meets all federal and state criteria as described by the Federal Emergency Management Agency and California's Standardized Emergency Management System Crosswalk developed by the Califomia Emergency Management Agency (CaIEMA); and WHEREAS, the City of National City Emergency Operations Plan describes the method of requesting mutual aid resources from the County, State, and Federal Governments when needed. and one of the eligibility requirements for State and Federal funding for Emergency Services is submittal of the City of National City Emergency Operations Plan to CaIEMA; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby rescinds the former Emergency Operations Plan adopted by Resolution 1998-50 on May 5, 1998. BE IT FURTHER RESOLVED that the City Council hereby adopts the 2010 City of National City Emergency Operations Plan, and approves submittal of the City of National City Emergency Operations Plan to CaIEMA PASSED and ADOPTED this 22nd day of June, 2010. ATTEST: Mike Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Ron Morrison, Mayor CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 22, 2010 AGENDA ITEM NO. 18 'EM TITLE: Resolution of the City Council of the City of National City Approving and Adopting the Annual Appropriations Limit for Fiscal Year 2010-2011. (Finance) PREPARED BY: Tess Limfueco Financial Services Officer PHONE: (6191336-4333 EXPLANATION: DEPARTMENT: Finance APPROVED BY:A State law requires that the Council set the Gann Appropriations Limit annually as adjusted by changes in California's per capita personal income and population factor. The Gann Appropriations Limit sets a cap on the amount of local government spending that may be financed from proceeds of taxes. This action adopts the Gann Appropriations Limit for Fiscal Year 2010-2011. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVE APPROVED: CU.! A , �„yj,.,� Finance B1 Noma, MIS STAFF RECOMMENDATION: N/A BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Resolution RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY SELECTING ANNUAL ADJUSTMENT FACTORS, AND ESTABLISHING THE ANNUAL APPROPRIATIONS LIMIT FOR FISCAL YEARS 2010-2011 WHEREAS, Article XIII-B of the California Constitution provides that appropriations made by state and local governments shall be changed annually by a factor comprised of the change in population and the change in the cost of living. NOW, THEREFORE, BE IT RESOLVED that the cost of living factor to be used in calculating the appropriations limit for fiscal year 2010-2011 shall be as set forth in Attachment 1. BE IT FURTHER RESOLVED that the population change factors to be used in calculating the appropriations limit for fiscal year 2010-2011 shall be as set forth in Attachment 1. BE IT FURTHER RESOLVED that the appropriation limit for fiscal year 2010- 2011 shall be $43,842,895, as set forth in Attachment 1. PASSED and ADOPTED this 22nd day of June, 2010. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Ron Morrison, Mayor Resolution No. 2010- Attachment 1 City of National City Gann Appropriations Limit Fiscal Year 2010-2011 FY 2009-2010 Gann Appropriations Limit $ 44,434,539 California Per Capita Cost of Living Change *** -2.54% Limit Sub -Total ($44,534,539 x .9746) $ 43,305,901 San Diego County Population Change *** 1.24% FY 2010-2011 Gann Appropriations Limit $ 43,842,895 Gann Limit Recap Total City Appropriations 64,902,944 Less: Non -Tax Proceeds 32,194,392 Estimated Appropriations Subject to the Gann Limit 32,708,552 FY 2010-2011 Gann Appropriations Limit 43,842,895 Amount of Appropriations Below the Gann Limit 11,134,343 * '* Source - State of California, Department of Finance http://www.dof.ca.gov/budgeting/ 1 Resolution No. 2010- Attachment 1 City of National City Gann Appropriations Limit Fiscal Year 2010-2011 FY 2009-2010 Gann Appropriations Limit $ 44,434,539 California Per Capita Cost of Living Change *** -2.54% Limit Sub -Total ($44,534,539 x .9746) $ 43,305,901 San Diego County Population Change'** 1.24% FY 2010-2011 Gann Appropriations Limit $ 43,842,895 Gann Limit Recap Total City Appropriations 64,902,944 Less: Non -Tax Proceeds 32,194,392 Estimated Appropriations Subject to the Gann Limit 32,708,552 FY 2010-2011 Gann Appropriations Limit 43,842,895 Amount of Appropriations Below the Gann Limit 11,134,343 *** Source - State of California, Department of Finance http://www.dof.ca.clovibudoetino/ 1 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: 06-22-2010 AGENDA ITEM NO. xx 19 EM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute an agreement with ASSI SECURITY Inc. in the not to exceed amount of $175,000 to upgrade/expand the card access/alarm security system at City of National City facilities. PREPARED BY: Ron Williams pi DEPARTMENT: CMO PHONE: 619-336-4373 APPROVED EXPLANATION: On March 29, 2010 the City issued a Request for Proposal to upgrade/expand the card access/alarm security system at City of National City facilities. The request for proposal outlined the scope of work and objectives. Proposals were due on April 26, 2010. Five proposals were received and reviewed by a Proposal Review Committee. The committee selected ASSI Security Inc.'s proposal as the most responsive to the City's needs. FINANCIAL STATEMENT: APPROVE ACCOUNT NO. 629-409-500-598-8032 APPROVED: Funded via CIP ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: nance MIS STAFF RECOMMENDATION: Adopt resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: itract RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH ASSI SECURITY, INC., IN THE NOT -TO -EXCEED AMOUNT OF $175,000 TO UPGRADE AND EXPAND THE CARD ACCESS/ALARM SECURITY SYSTEM AT CITY OF NATIONAL CITY FACILITIES WHEREAS, the City desires to employ a contractor to design and install a Card Access/Alarm Security System; and WHEREAS, it has been determined that ASSI Security, Inc., is a security system integrator and is qualified by experience and ability to perform the services desired by the City, and ASSI Security, Inc., is willing to perform such services for the not -to -exceed amount of $175,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Agreement between the City of National City and ASSI Security, Inc., in the not -to -exceed amount of $175,000 to upgrade and expand the Card Access/Alarm Security System at City of National City facilities. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 22nd day of June, 2010. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FROM: George H. Eiser, Ill City Attorney AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND ASSI SECURITY INC. THIS AGREEMENT is entered into this 22nd day of June, 2010, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and ASSI SECURITY INC. (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to design, install a Card Access/Alarm Security System. WHEREAS, the CITY has determined that the CONTRACTOR is a Security System Integrator and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR shall design and install Card Access/Alarm Security Systems using the components and equipment listed in the attached Exhibit "A". Said Card Access/Alarm Security Systems shall be designed for and installed in the City -owned facilities at 1200 National City Boulevard, 1243 National City Boulevard, 2333 Euclid Avenue, and 140 East 12th Street. The CONTRACTOR 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 CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR 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 15 % from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Ron Williams hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Sam Colacino thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR 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 IT Manager. 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 CONTRACTOR 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 CONTRACTOR and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONTRACTOR in this Agreement, the City or the CONTRACTOR shall give to the other written notice. Within ten (10) business days, the CONTRACTOR 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 CONTRACTOR. 6. LENGTH OF AGREEMENT. The project implementation period is from June 22, 2010 to August 31, 2010. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR 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 CONTRACTOR hereby assigns to the CITY and CONTRACTOR 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 CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's written work product for the CITY's purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. 2 City's Standard Agreement— June 2008 revision Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR 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 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 CONTRACTOR. 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 CONTRACTOR nor the CONTRACTOR'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 CONTRACTOR and the CONTRACTOR'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 CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or subCONTRACTORs, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its subCONTRACTOR(s) shall require the subCONTRACTOR 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 CONTRACTOR or any of the CONTRACTOR's employees except as herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONTRACTOR, its agents, servants, and employees are as to the CITY wholly independent CONTRACTORs and that the CONTRACTOR's obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, 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 CONTRACTOR, and each of its subCONTRACTORs, 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 CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR 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 CONTRACTOR to practice its profession. 12. STANDARD OF CARE. A. The CONTRACTOR, 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 CONTRACTOR'S trade or profession currently practicing under 3 City's Standard Agreement — June 2008 revision similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR'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 CONTRACTOR 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 CONTRACTOR's professional performance or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR 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 CONTRACTOR has notified the CITY otherwise, the CONTRACTOR 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 CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR 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 CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR 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 CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR's negligent performance of this Agreement. 16. WORKERS' COMPENSATION. The CONTRACTOR 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 CONTRACTOR under this Agreement. 17. INSURANCE. The CONTRACTOR, 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: El 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 CONTRACTOR'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. 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 CONTRACTOR 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 City's Standard Agreement — June 2008 revision 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 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 CONTRACTOR 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 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, 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 CONTRACTOR. During said 60-day period the CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR 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 CONTRACTOR'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 CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 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 CONTRACTOR: Ron Williams IT Manager City of National City 1243 National City Boulevard National City, CA 91950-4301 Sam Colacino ASSI SECURITY Inc. 5245 Avenida Encinas Carlsbad, CA 92008-4369 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 7 City's Standard Agreement — June 2008 revision 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR 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 CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR 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 CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR 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. D If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR 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 CONTRACTOR. 23. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of 8 City's Standard Agreement — June 2008 revision any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY ASSI SECURITY INC. (Corporation — signatures of two corporate officers) By: By: Ron Morrison, Mayor (Name) APPROVED AS TO FORM: (Print) (Title) By: George H. Eiser, III (Name) City Attorney (Print (Title) 9 City's Standard Agreement — June 2008 revision ASSISECUAITY Exhibit A Systems Integration Professionals Proposed To (0D.U5m lAddreas): City of Nakonel City Project Name &Address:1200 National City Blvd., Nallonal Cly, CA 01950 ContactName.Number & Rae Whams 1 nd13ama®nadonaidtyce.904 8eImperson Name & E-Ma8 Sam C8laclno / aeeleei o@11 laeclaty.eam 15001 Come Suite A- Irvine, CA 92514 Phn 9494554244 Fax 949-965-1944 wNw.esstseeur1y eom Proposal Number:10.0444 Data: Apri119,2210 Amendment No.: Job No.: IT 4 DTY DESCRIPTION UNIT PRICE EXTPRICE NATIONAL CDT POLICE DEPARTMENT 1 1 Mass Micro MMXPPROWX Wolk Mallon $1,125.00 51,125.00 2 1 Ot Winded SoRmare 2450.00 $150.00 3 1 - DSX tAN Module 321&00 &00 4 1 Integrated Biometrics Emo lent Sather* $825.00 3625.001- 6 3 Integrated 8kunNduFinger / Proximity Control Roeder $1.425.00 84.275.00 6 6 DSX 1048 8-Reader ConIro6 Package 32,025.00 Si 7 43 19DThhdhe Pmrbn9YCent Reader $150.00 56,450.D0. 8 20 SOhlaim L8000 Eleekk Molise Lock 2270.00 35.400.00 9 20 ,ACS 170213ee01e tinge S14D.80 $2.009.00 10 20 - GO1076Dew Contact - $4000 $900.00 it 20 D8150 Request to-Etdt Device M30.00 t2,600.00' 12 6 DSXAS160/27Power Supply 3125.00 $750.00 13 Lot (:able • $9,000.00( t4 . . Lot - Landed( and Connectors 31.00000 15 Lot Remove al *MAW) Threshold lteaess Coned °automat and associated endnery devices 21,000.001 • lin Iala0on. PmgrarnmIn9 &Pmfeal Mana9smeft 5_0 22000.001 $1.500.00 l7ral, s(up to (2) 4 hour sessions) Total System Cost(Incl. Matortals and Installation) $81,000.00 MARTIN LUTHER IONIS CENTER - 1 1 DSX .104664teader Controller Package -�-- - 32.925.00. $2,925.00 2 2 OSX 1042 Board 3005.00 = 3 1 DSX 1040.C1313 DlatdbUUon Modulo 6175.00. 3175.00 4 1 - DSX 1240•PDMPOWer Module 5125.00 3125.00 5 1 OSXAS15027 FMB!' Supply S725A0 5725. 6 14 HID Thinline Proximity Card Reader $150.00 ;7,100A0 7 14 Stldape L9080 Eleckia Madre Lock 3270.00 33380.00 8 14 ACS 1102 Decide Hinge ' $140 , , 31,980.00 9 Lol Cable $2,500A0 Logls9es "installation, Programming 6 Project Monageme0t _ $'30000 t 44 3 0444 fir.) AgsisECuRIrr Proposed To (Co. Natne/Addtess): C,tyof Natrona c81 Project Name & Addraaa: 1200 flagon! City 1134, Wand CV, CA 11t050 Contact Name, Number& E-Mat: Ron Winans / nMBemarnatbn°Idtyce.go" Salesperson Name & SOMA: Sam Caladno / scdechlo®asslseovritycom ITEM OTT Exhibit A Systems integration Professlonals DESCRIPTION Total System Coat (Inch Materials andJnstallation) EUCUD RRE STATION 51 1 1 DSX 1042 2-Reader Controller Package 2 1 3 DSX 1042 Bored 5 HID TttD*5 Proxdtniiy Card Reader 4 5 Schlep DOD Electric Lever LOCK DSX LAN Modulo 6 1 7 DSX AS150/27 Power Supply Cable • ID001 Cowan Suite A- Wine, CA 02614 Phn 549,655-0244 Fax 949-055-1944 vsw asyaecudtycom Proposal Number, 100444 Data: ApII 19.2010 Amendment Not .. Job Na.: UNIT PRICE a Sumacs S21,820.00I 1I - { 1 $1,125.00 41,125.001 $665.00 Logistics Inala0don. Programming &I'MIectManepa sot Total Systna Cost (IncLtdatot/als and Installation) MARTIN L.UTHER KING SECURITY ALAF114 SYSTEM 2 1 Radlmnka 7412G52 Alarm Paiisl 2 Radloraea D1255 Remote Keypad. 30 Roberta FG30 Glassbmat Detector 115000 5375.00 1275.001 $125JMI $750.00 11,575.30 $275.06 tinsel 61,000 $12,415.001 $050.00 $1G0. 6250.00 1500.00 12- £onbd1076-DoorGmdact 5 Lot Came Logistics swuallan. Programming &Project Management Total System Cott Mid. Materials and tnstallaDon) $60.6o 52.400.00 11.300.00 $4.920.00 CITY HALLDATACEN1ER 1 Masa Mono MMAS{MNSOLSVRTSetver 2 LogtetCS DSX Nbnatmt Software nstataeom.Prograrmdng&ProlodManagement Total System Cost (Ina Materials and Installation) Grand Total NOTES 2or3 0444 WA $9,720.00 $6,300.00 $2.040.00 55,340.00 5133,365.00 426/3e10 eta AM /! ASS !SECURITY Exhibit A Systems Integration Professionals proposed To(Co.NamedAddmsa): City of National City PtojedName & Address:1200 National City Blvd.. Nadonal City. CA91959 Corded Name, Nunbera E-Mal: Ron Maras i nv9ramsenasonatc3yee-9w Salesperson Name & E-Mat Sam Coladno l acelecino@aadseeuray•com DEM CITY Cost proposals Section 7.0 SoftwarolHardwere costs: Included In bld Sddaare Msialalon Cost£ Included In bid Sobers MafiWranm costs: Included In bid Iacono year. Irdapason Costs 10 Interface with oerenlly%staled: Included In each section bid. Treeing Costs: Una Itemized In Police Dept season, Discount for (alum purchases: 10% of lW Price. Hourly supped saborrater: 3126 first hour and then 685 each adddiond hour. earning that al exdslfne electrified locking hardware In the pace department card reader doors are In proper waking order, alibi, 'Marlene/ ooaiswll Mau. DESCRIPTION 18091 Cowan Suite A- Irvine, CA92614 Pan 040955-0244 Pax 949-055-7944 a semnelsenady cwu PIOPOsal Number: 70.0444 Data Aprd19. 2010 Amendment No.: Job No.: 2 Pikes 3 UNIT PRICE EXT. PRICE l5b Must provide network &costa workstation end%tsda (2) lent of the (S) Nometeingerpdm readerlocatfons and Mel remote fadgtles. Eke Stator%&LK, and PD. --- Nitta VAC power. phone Mar. IP addresses. and necessary network `motions am to be provided and.Installed by others. • tinder separate centred. ass%fee for 24-hour central station elan system montane Is335.00 armoth. per panel, billed quarterly kr advance. C9y may esquire end u$erto purl and mobile%an alamt mentioning perm& NI associated costs shall be born by ovmer Onion equipment Pdasant based upon Ire assumplon met el wodcwtd be performed during ASSfa nomad business t ruts..I after hour* Work le requested la eanpensate:foraslide In schedule creed by orherbadee, or for any Other ream beyond the ream of ASSfs control. Kw& Be bathe: at as additional rate ofS42SO-i4r.50 per hour, which Is owed upon time ands half. varyng t skill Ied. Sdndaye.an d header WO be eaktdeted at double the normal raw Al newly Installed equTpmenhls covered under warrnuy toe aperbd of one year from date of eubstrudial ad within a work Associated label -Is also covered. prWed cal Is tecdead en lime bseek* elow ferseeeto be pertonu Canceled or t ed aa2sn normal 5% restocking %% f aase anew four aplplicablrs e one product has dippednse loan lam eel Is fromsappUera. menden returned customer tub. taare ken d2t ry. Starder8 slack materiels may be scanted wltln B0 dayscr shipment. No refunds or credits shell be given for anima enlere. ASM cardesIhedallowbm insurance coverage: 4 6 6 T 8 it Graterartlabllty:i1-mlpvaccumsnee:3Zml.9 aggregate. tans. excess umbrella WiM rnit.perocgarence Auto S2 adl. combined single frIt Casknurahelpsy premiums for eny additional towage required. If OCIP h mandated, ASSI oil panidpate but Is unable to offer any credit back, Al metedals and labor are subject to a prelrrin3N notice end subsequent Mg of mechanics tar n site event Overlent default. Cuncener iaoat provide pregrnnW altarmaaat paced. commencement Owed,. 10 11 Access cards are add eoparetely. End user a mcpeeslde forproparening system user database MPormelne. A 26% deposit for procurement of equipment Is due upon acceptance. Balance madue In progressive net 90 day pinnatepinnatethereafter mace 9 c13 Customer Approval (Signature) Print Name & Tltte 6444 Approval Data UffiRe10 a21 AM CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: (June 22, 2010 AGENDA ITEM NO. 20 EM TITLE: (Resolution approving an Agreement of Exchange of Real Property between the City of National City and Richard Illes for properties located at 522 West 8th St and 2020 Hoover Avenue PREPARED BY: DEPARTMENT:Re ment Division Patricia Beard APPROVED BY. PHONE: 4255i EXPLANATION: Staff has been working on a concept to redevelop the National City Public Works Center into a transit - oriented affordable housing project ("TOD"). In order for the project to successfully leverage Proposition 1 C grant funds awarded and apply for low income housing tax credits, site control must be demonstrated. The Illes site at 2020 Hoover Avenue is necessary and intended to be included in the first phase of the project. Although no project is certain in advance of complete financing, the City Council directed staff on February 16, 2010 to pursue an exchange with the Illes family for their site. The attached Agreement would allow a no cost exchange to occur so that the Sun Diego Charter Bus Company would move from the Westside/Old Town to the former National City Transit site and for the City to acquire the Sun Diego Charter site for the TOD or, should the TOD falter, the site can be added to the City's holdings around Paradise Creek in the Westside/Old Town. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: This is a no cost exchange and the properties are each sold "as is"..( ENVIRONMENTAL REVIEW: Not applicable, ( ORDINANCE: INTRODUCTION: FINAL ADOPTION: MIS STAFF RECOMMENDATION: Adopt the resolution. BOARD / COMMISSION RECOMMENDATION: ( ATTACHMENTS: Locator map. Proposed Agreement RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AN AGREEMENT FOR EXCHANGE OF REAL PROPERTY BY AND BETWEEN THE CITY OF NATIONAL CITY AND RICHARD ILLES WHEREAS, the City of National City owns a former City Transit Yard located at 522 West Eight Street in National City ("City Property"); and WHEREAS, said Transit Yard has been abandoned and vacant for more than three years, and the City no longer provides local bus services; and WHEREAS, Richard Illes owns a Charter Bus Company and property located at 2020 Hoover Avenue ("Illes Property"); and WHEREAS, the City has been considering the development of a 201-unit Affordable Housing Project to be located on City property adjacent to the Illes Property and upon the Illes Property; and WHEREAS, the Illes Property is required in order to construct the project as submitted to the State of California Housing and Community Development Department, which awarded $11.2 million in California Proposition 1C funding for infrastructure necessary to the 201-unit Affordable Housing Project; and WHEREAS, Richard Illes desires to acquire the City Property in order to operate his Charter Bus Company from that location; and WHEREAS, the City of National City and Richard Illes have agreed to exchange the respective properties at no cost to either party and in an "as is" condition; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the Agreement for Exchange of Real Property by and between the City of National City and Richard Illes. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 22nd day of June, 2010. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FROM: George H. Eiser, III City Attorney San Diego LOCATOR MAP National City CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 22.2010 AGENDA ITEM NO. 21 _ TEM TITLE: Resolution of the City Council of the City of National City to Become Subject to the Provisions of Section 20903, Purchase of Two Additional Service Years for Miscellaneous and Safety Employees. PREPARED BY: Stacey Stevenson DEPARTMENT: PHONE: 336-4308 APPROVED BY EXPLANATION: Resulting from a projected structural deficit, in an effort to avoid transfers, demotions and layoffs that would impact greater than one percent (1%) of the workforce, on June 8, 2010, the City Council of the City of National City approved the implementation of an Employee Voluntary Separation Program. Under the terms of the program, eligible full-time, benefitted employees may elect to retire from the City and receive two additional years of service purchased by the City and creditable towards the employees' retirement from the California Public Employee Retirement System (CaIPERS). In order to execute this provision of the Program, as authorized under Government Code Section 20903, staff hereby requests that the City Council designate a ninety (90) day period, effective June 23, 2010 during which eligible employees must retire in order to receive the additional service credit. Consistent with the provisions of Section 20903, at least one position shall remain permanently unfilled thereby resulting in overall reduction in the workforce. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED. APPROVED: Finance MIS The total cost of the program shall not exceed $1 million. This cost of the purchase of service credit will be included in the City's employer contribution rate commencing in Fiscal Year 2012-2013. This increase in contribution rate will be amortized over a 20 year period. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Recommend approval of Resolution BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: .solution June 8, 2010 staff report CITY OF NATIONAL CITY MEMORANDUM DATE: June 8, 2010 TO: Honorable May d City Council FROM: Stacey Stevens° for of Human Resources SUBJECT: Staff Report — eta ed to Resolution Of The City Council Of National City Authorizing The City Manager To Implement A One -Time Incentive Based Voluntary Separation Program For Eligible Full -Time, Career Employees Of The City Of National City. Introduction To create on -going personnel related savings, the City Council authorized an expenditure of up to $1 million to incentivize eligible full-time, career employees of the City of National City to voluntarily separate. On -going savings realized would be related to the savings in base salary and benefits, including escalating health care and retirement costs, from the positions or ancillary positions that are vacated as a result of the voluntary separation. This report defines the proposed voluntary separation program and staffs recommendation for its adoption. Background In response to the City's projected structural deficit, on May 25, 2010, the City Manager presented the City Council with a menu of cost saving suggestions developed by employees, employee labor associations and management. Suggestions were grouped in three tiers: Tier One represented suggestions that were recommended by the City Manager for adoption; Tier Two represented suggestions requiring further analysis; and Tier Three represented suggestions that are not recommended at this time by the City Manager. Hearing the City Council's interest in further review and refinement of Tier One, the City Manager directed staff to further develop the concepts contained therein, including the suggestion to implement an incentive based retirement program. Discussion After further review and consideration, staff has developed a model program through which employees have the option of resigning or retiring from the City of National City during a specified time period in return for a modest economic benefit. The program includes a two pronged approach, offering eligible employees the opportunity to retire through the California Public Employee Retirement System (Ca1PERS) with two additional years of service credit purchased by the City. For those employees that are not eligible to formally retire or for whom additional service credit do not offer an enhanced retirement benefit. the program includes an Honorable Mayor and City Council Staff Report to Enact an Incentive Based Voluntary Separation Program June 8, 2010 Page 2 option to receive a one time cash payment and one year of medical benefits equal to those offered to active employees (dependents will not be covered). Both components include minimum eligibility requirements. Beyond, the minimum eligibility requirements, an employee's ability to participate in the program will be left to the ultimate discretion of the City Manager. The details of the program are addressed in the attached employee announcement. Recommendation Authorize the City Manager to implement the proposed Voluntary Separation Program. Economic Impact In order to achieve cost savings, the program is limited to employees in positions where retirement or separation can result in the reduction of a position or an ancillary position. Employees in positions that would have to be retained or refilled may not be eligible, at the discretion of the City Manager. Up to $1 million dollars is allocated for payment of the incentives associated with this proposed program. Applications will be accepted on a first come first served basis up to the $1 million threshold. Priority in approval of applications may be given to applicants based on but not limited to such factors as whether the position or an ancillary position can be eliminated; positions rendering greater cost savings; an incumbent's number of years of service with National City, with priority typically given to employees with a greater number of years. Savings realized will be the difference between the cost of the incentives and the fully loaded rate of the vacated positions. STACEY STEVENSON Attachment: Employee Voluntary Separation Program Announcement RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY TO GRANT ANOTHER DESIGNATED PERIOD FOR TWO ADDITIONAL YEARS OF ADDITIONAL SERVICE CREDIT FOR MISCELLANEOUS AND SAFETY EMPLOYEES WHEREAS, the City Council of the City of National City is a contracting Public Agency of the Public Employees' Retirement System; and WHEREAS, the City Council desires to provide another designated period for Two Years Additional Service Credit, Section 20903, based on the contract amendment included in said contract which provided for Section 20903, Two Years Additional Service Credit, for eligible members. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City does seek to add another designated period, and does hereby authorize this Resolution, indicating a desire to add a designated period from June 23, 2010 through September 20, 2010 for eligible Miscellaneous and Safety Employees. PASSED and ADOPTED this 22nd day of June, 2010. Ron Morrison, Mayor ATTEST: Mike Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 22, 2010 AGENDA ITEM NO. 22 TEM TITLE: Resolution of the City Council of the City of National City adopting an Amended Conflict of Interest Code which incorporates by reference the Fair Political Practices Commission's Standard Model Conflict of Interest Code, and rescinding Resolution No. 2009-224 PREPARED BY: George H. Eiser, III PHONE: 336-4221 EXPLANATION: DEPARTMENT: City Attorney APPROVED BY: /Th -AP Please see attached memorandum. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the attached resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: lemorandum roposed resolution. Mayor Ron Morrison Council Members Alejandra Sotelo-Solis Jess Van Deventer Rosalie Zarate NAB 118 811 ._ xnicoxpoitkTE0 Office of the City Attorney TO: Mayor and City Council FROM: City Attorney SUBJECT: Proposed Amendment of Conflict of interest Code City Attorney George H. Eiser, III Senior Assistant City Attorney Claudia Gacitua Silva Senior Assistant City Attorney Jodi L. Doucette DATE: June 15, 2010 The Basic Conflict of Interest Rule The basic rule for conflicts of interest is set forth in Section 87100 of the Political Reform Act, California Government Code Section 87100, et seq. (the "Act"), as follows: No public official at any level of state or local government shall make, participate in making or in any way attempt to use his official position to influence a governmental decision in which he knows or has reason to know he has a financial interest. In this context, "public official" means every member, officer, employee, or consultant of a state or local government agency (Section 82048). The City's Conflict of Interest Code The Political Reform Act requires various city officials to file an annual Statement of Economic Interests ("SEI"). Those required to file statements are divided into two groups — those required to file under Government Code Section 87200 (mayors, council members, planning commissioners, city managers, city attorneys, and those who manage public investments), and those required to file under Government Code Section 87300. The reporting requirements of the Section 87200 filers are established by state law. The reporting requirements of the Section 87300 filers are established by conflict of interest codes adopted by each city. The conflict of interest code contains a list of "designated positions" which are subject to the code. The individuals who occupy those positions are required to file a SEI. What information those individuals must report on their SEI is also identified in the code under "disclosure categories." The categories of financial interests that must potentially be disclosed are: investments, interests in real property (except a personal residence), sources of income including gifts, and business positions. Whether all or only some of these interests must be reported, and to what extent they must be reported, is determined on a case -by -case basis. 1243 National City Boulevard; National City, California 91950-4301 Tel: (619) 336.4220 Fax: (619) 336.4327 The criteria for determining whether an officer, employee, board member, or consultant should file a statement of economic interests under a conflict of interest code are set forth in Sections 18700, and 18702 through 18702.4 of Title 2 of the California Code of Regulations. (Title 2 of the California Code of Regulations ["CCR"] are the administrative regulations adopted by the FPPC to implement the Political Reform Act). Essentially, if in carrying out the duties of their position, the individual is involved in making, participating in the making, or using or attempting to use his/her official position to influence a governmental decision that he/she knows or has reason to know he/she has a disqualifying conflict of interest, then the individual is subject to the reporting requirement. In adopting a conflict of interest code, the City Council makes the factual determination as to whether these criteria are present, thus requiring inclusion of a classification in the code. The CCR contains certain sections which provide some guidance to the City Council in making this determination. Section 18702.1 provides that a public official "makes a governmental decision" when the official, acting within the authority of his or her office, votes on a matter, appoints a person, obligates his or her agency to any course of action, enters into any contract on behalf of the agency, or determines not to act on any of the above, unless such determination not to act is made because of his or her financial interest. Section 18702.2 states that a public official "participates in making a governmental decision" when, acting within the authority of his or her position, he or she negotiates, without significant substantive review, with a governmental entity or private person regarding a governmental decision. A public official also participates in making a governmental decision when he or she advises or makes recommendations to the decision -maker either directly or without significant intervening substantive review, by conducting research or making any investigation that requires the exercise of judgment on the part of the official in order to influence a governmental decision; or prepares or presents any report, analysis, or opinion, orally or in writing, which requires the exercise of judgment in order to influence a governmental decision. Section 18702.3 sets forth the factors to consider in determining when a public official is "using or attempting to use his/her official position to influence a governmental decision". With regard to a governmental decision which is within or before an official's agency or an agency appointed by or subject to the budgetary control of his or her agency, the official is attempting to use his or her official position to influence the decision if, for the purpose of influencing the decision, the official contacts or appears before or otherwise attempts to influence any member, officer, or employee or consultant of the agency; or if, for the purpose of influencing the decision, the official acts or purports to act on behalf of, or as the representative of, his or her agency to any member, officer, employee, or consultant of an agency. Such actions include, but are not limited to, the use of official stationery. Section 18702.4 enumerates the actions which are not considered "making or participating in making a governmental decision," as follows: (l) Actions of public officials which are solely ministerial, secretarial, manual, or clerical. 2 Conflict of Interest Code Proposed Amendment (2) Appearances by a public official as a member of the general public before an agency in the course of its prescribed governmental function to represent himself or herself on matters related solely to the official's personal interests. Actions by public officials relating to their compensation or the terms or conditions of their employment or contract. (3) Section 18702.4 also provides that an official is not attempting to "use his or her official position to influence a governmental decision" when engaged in the following activities: (1) (2) (3) Appearing in the same manner as any other member of the general public before an agency in the course of its prescribed governmental function solely to represent himself or herself on a matter which is related to his or her personal interests. Communicating with the general public or the press. Negotiating his or her compensation or the terms and conditions of his or her employment or contract. (4) Preparing drawings or submissions of an architectural, engineering or similar nature to be used by a client in connection with a proceeding before any agency. Appearing before a design or architectural review committee or similar body of which he or she is a member to present drawings or submissions of an architectural, engineering or similar nature which the official has prepared for a client. (5) Disclosure Categories Under the Conflict of Interest Code The types of financial interests which must be reported under the Conflict of Interest Code are known as "Disclosure Categories". The following are seven potential Disclosure Categories: CATEGORY 1: CATEGORY 2: CATEGORY 3: CATEGORY 4: CATEGORY 5: Investments and sources of income. Interests in real property. Investments, interests in real property, and sources of income subject to the regulatory, permit, or licensing authority of the department. Investments in business entities and sources of income that engage in land development, construction, or the acquisition or sale of real property. Investments in business entities and sources of income of the type which, within the past 12 months or calendar year, whichever is applicable, have contracted with the City of National City or the Community Development Commission of the City of National City to provide services, supplies, materials, machinery, or equipment. 3 Conflict of' Interest Code Proposed Amendment CATEGORY 6: Investments in business entities and sources of income of the type which, within the past 12 months or calendar year, whichever is applicable, have contracted with the person's department to provide services, supplies, materials, machinery, or equipment. CATEGORY 7: Business positions. Section 18730 of the CCR, which is incorporated in the City's Conflict of Interest Code, describes the information that is required to be reported on the SEI under the Disclosure Categories as follows: 1. Investment and Real Property Disclosure. When an investment or an interest in real property is required to be reported, the statement shall contain the following: a) A statement of the nature of the investment or interest. b) The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged. c) The address or other precise location of the property. d) A statement whether the fair market value of the investment or interest in real property equals or exceeds two thousand dollars ($2,000), exceeds ten thousand dollars ($10,000), exceeds one hundred thousand dollars ($100,000), or exceeds one million dollars ($1,000,000). 2. Personal Income Disclosure. When personal income is required to be reported, the statement shall contain: a) The name and address of each source of income aggregating, five hundred dollars ($500) or more in value, or fifty dollars ($50) or more in value if the income was a gift, and a general description of the business activity, if any, of each source. b) A statement of whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was one thousand dollars ($1,000) or less, greater than one thousand dollars ($1,000), greater than ten thousand dollars ($10,000), or greater than one hundred thousand dollars ($100,000). c) A description of the consideration, if any, for which the income was received. 4 Conflict of Interest Code Proposed Amendment d) In the case of a gift, the name, address, and business activity of the donor and any intermediary through which the gift was made, a description of the gift, the amount or value of the gift, and the date on which the gift was receive. e) In the case of a loan, the annual interest rate and the security, if any, given for the loan and the term of the loan. 3. Business Entity Income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be reported, the statement shall contain: a) The name, address, and a general description of the business activity of the business entity. b) The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than ten thousand dollars ($10,000). 4. Business Position Disclosure. When business positions are required to be reported, a designated employee shall list the name and address of each business entity in which he or she is a director, officer, partner, trustee, employee, or in which he or she holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the entity. Requirement to Review/Amend Conflict of Interest Code Section 87306.5 of the Act requires that no later than October 1 of each even -numbered year, the code reviewing body (the City Council is the "code reviewing body" for all agencies in the City, including the CDC) shall cause a review of its conflict of interest code to occur, and for the code to be amended if necessitated by changed circumstances. The City Council last amended the City's Conflict of Interest Code on September 15, 2009, pursuant to Resolution No. 2009-224. At the present time, it is my recommendation that the Code be amended to reflect changes in various designated positions in City Staff as follows: Added Positions Associate Engineer - Civil Director of Building and Safety Director of Emergency Services Equipment Maintenance Supervisor Management Analyst I Management Analyst II 5 Conflict of Interest Code Proposed Amendment Revised Titles Assistant Civil Engineer to Assistant Engineer - Civil Battalion Chief to Fire Battalion Chief Code Conformance Officer III to Senior Conformance Officer Director of Planning and Building to Director of Planning Housing Program Manager to Redevelopment Housing Program Manager Nutrition Manager to Nutrition Program Manager The revisions proposed above are necessitated due to changes in job titles, as well as changes in job duties. The proposed revisions would also add positions to the list of those who must file a SEI. It is recommended that these positions be added because they meet the criteria for the required filing of a SEI set forth in the California Government Code and in the California Code of Regulations. GHE/gmo GEOR ' EISER, III City Attorney 6 Conflict of Interest Code Proposed Amendment RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING AN AMENDED CONFLICT OF INTEREST CODE WHICH INCORPORATES BY REFERENCE THE FAIR POLITICAL PRACTICES COMMISSION'S STANDARD MODEL CONFLICT OF INTEREST CODE, AND RESCINDING RESOLUTION NO. 2009-224 WHEREAS, the Political Reform Act, Government Code Sections 81000, et seq., requires every state or local government agency to adopt and promulgate a Conflict of Interest Code; and WHEREAS, the Fair Political Practices Commission has adopted a regulation, 2 California Code of Regulations Section 18730, which contains the terms of a standard model Conflict of Interest Code, which can be incorporated by reference, and which will be amended to conform to amendments in the Political Reform Act of 1974 after public notice and hearings conducted by the Fair Political Practices Commission pursuant to the Administrative Procedure Act, Government Code Sections 11370, et seq.; and WHEREAS, the City of National City has determined that the attached Appendix accurately sets forth those positions which should be designated and the categories of financial interests which should be made reportable. NOW, THEREFORE, BE IT RESOLVED that except for Section 9.5 thereof pertaining to state officers and employees, the terms of 2 California Code of Regulations Section 18730, attached hereto as Exhibit "A," and any amendments to it duly adopted by the Fair Political Practices Commission, along with the attached Appendix in which officials and employees are designated and disclosure categories are set forth, are hereby incorporated by reference and constitute the Conflict of Interest Code of the City of National City. BE IT FURTHER RESOLVED that Resolution No. 2009-224 is hereby rescinded. PASSED and ADOPTED this 22nd day of June, 2010. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, III City Attorney Page 1 of 8 2 CCR 18730 BARCLAYS OFFICIAL CALIFORNIA CODE OF REGULATIONS Copyright © 2010 by Barclays Law Publishers All rights reserved * THIS DOCUMENT IS CURRENT THROUGH REGISTER 2010, NO. 21, MAY 21, 2010 * TITLE 2. ADMINISTRATION DIVISION 6. FAIR POLITICAL PRACTICES COMMISSION CHAPTER 7. CONFLICTS OF INTEREST ARTICLE 2. DISCLOSURE 2 CCR 18730 (2010) § 18730. Provisions of Conflict of Interest Codes (a) Incorporation by reference of the terms of this regulation along with the designation of employees and the formulation of disclosure categories in the Appendix referred to below constitute the adoption and promulgation of a conflict of interest code within the meaning of Government Code section 87300 or the amendment of a conflict of interest code within the meaning of Government Code section 87_306 if the terms of this regulation are substituted for terms of a conflict of interest code already in effect. A code so amended or adopted and promulgated requires the reporting of reportable items in a manner substantially equivalent to the requirements of article 2 of chapter 7 of the Political Reform Act, Government Code sections 81000, et seq. The requirements of a conflict of interest code are in addition to other requirements of the Political Reform Act, such as the general prohibition against conflicts of interest contained in Government Code section 87100, and to other state or local laws pertaining to conflicts of interest. (b) The terms of a conflict of interest code amended or adopted and promulgated pursuant to this regulation are as follows: (1) Section 1. Definitions. The definitions contained in the Political Reform Act of 1974, regulations of the Fair Political Practices Commission (2 Cal. Code of Regs. sections 18110, et seq.), and any amendments to the Act or regulations, are incorporated by reference into this conflict of interest code. (2) Section 2. Designated Employees. The persons holding positions listed in the Appendix are designated employees. It has been determined that these persons make or participate in the making of decisions which may foreseeably have a material effect on economic interests. (3) Section 3. Disclosure Categories. This code does not establish any disclosure obligation for those designated employees who are also specified in Government Code section 87200 if they are designated in this code in that same capacity or if the geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction in which those persons must report their economic interests pursuant to article 2 of chapter 7 of the Political Reform Act, Government Code sections 87200, et seq. In addition, this code does not establish any disclosure obligation for any designated employees who are designated in a conflict of interest code for another agency, if all of the following apply: (A) The geographical jurisdiction of this agency is the same as or is wholly included within the jurisdiction of the other agency; (B) The disclosure assigned in the code of the other agency is the same as that required under article 2 of chapter 7 Exhibit A Page 2 of 8 of the Political Reform Act, Government Code section 87200; and (C) The filing officer is the same for both agencies.<1> Such persons are covered by this code for disqualification purposes only. With respect to all other designated employees, the disclosure categories set forth in the Appendix specify which kinds of economic interests are reportable. Such a designated employee shall disclose in his or her statement of economic interests those economic interests he or she has which are of the kind described in the disclosure categories to which he or she is assigned in the Appendix. It has been determined that the economic interests set forth in a designated employee's disclosure categories are the kinds of economic interests which he or she foreseeably can affect materially through the conduct of his or her office. (4) Section 4. Statements of Economic Interests: Place of Filing. The code reviewing body shall instruct all designated employees within its code to file statements of economic interests with the agency or with the code reviewing body, as provided by the code reviewing body in the agency's conflict of interest code.<2> (5) Section 5. Statements of Economic Interests: Time of Filing. (A) Initial Statements. All designated employees employed by the agency on the effective date of this code, as originally adopted, promulgated and approved by the code reviewing body, shall file statements within 30 days after the effective date of this code. Thereafter, each person already in a position when it is designated by an amendment to this code shall file an initial statement within 30 days after the effective date of the amendment. (B) Assuming Office Statements. All persons assuming designated positions after the effective date of this code shall file statements within 30 days after assuming the designated positions, or if subject to State Senate confirmation, 30 days after being nominated or appointed. (C) Annual Statements. All designated employees shall file statements no later than April 1. (D) Leaving Office Statements. All persons who leave designated positions shall file statements within 30 days after leaving office. (5.5) Section 5.5. Statements for Persons Who Resign Prior to Assuming Office. Any person who resigns within 12 months of initial appointment, or within 30 days of the date of notice provided by the filing officer to file an assuming office statement, is not deemed to have assumed office or left office, provided he or she did not make or participate in the making of, or use his or her position to influence any decision and did not receive or become entitled to receive any form of payment as a result of his or her appointment. Such persons shall not file either an assuming or leaving office statement. (A) Any person who resigns a position within 30 days of the date of a notice from the filing officer shall do both of the following: (1) File a written resignation with the appointing power; and (2) File a written statement with the filing officer declaring under penalty of perjury that during the period between appointment and resignation he or she did not make, participate in the making, or use the position to influence any decision of the agency or receive, or become entitled to receive, any form of payment by virtue of being appointed to the position. (6) Section 6. Contents of and Period Covered by Statements of Economic Interests. (A) Contents of Initial Statements. Initial statements shall disclose any reportable investments, interests in real property and business positions held on the effective date of the code and income received during the 12 months prior to the effective date of the code. (B) Contents of Assuming Office Statements. Assuming office statements shall disclose any reportable investments, interests in real property and business positions held on the date of assuming office or, if subject to State Senate confirmation or appointment, on the date of nomination, and income received during the 12 months prior to the date of assuming office or the date of being appointed or nominated, respectively. (C) Contents of Annual Statements. Annual statements shall disclose any reportable investments, interests in real property, income and business positions held or received during the previous calendar year provided, however, that the period covered by an employee's first annual statement shall begin on the effective date of the code or the date Page 3 of 8 of assuming office whichever is Later, or for a board or commission member subject to Government Code section 87302.6, the day after the closing date of the most recent statement filed by the member pursuant to 2 Cal Code Rens. section 18754. (D) Contents of Leaving Office Statements. Leaving office statements shall disclose reportable investments, interests in real property, income and business positions held or received during the period between the closing date of the fast statement filed and the date of leaving office. (7) Section 7. Manner of Reporting. Statements of economic interests shall be made on forms prescribed by the Fair Political Practices Commission and supplied by the agency, and shall contain the following information: (A) Investment and Real Property Disclosure. When an investment or an interest in real property<3> is required to be reported,<4> the statement shall contain the following: 1. A statement of the nature of the investment or interest; 2. The name of the business entity in which each investment is held, and a general description of the business activity in which the business entity is engaged; 3. The address or other precise location of the real property; 4. A statement whether the fair market value of the investment or interest in real property equals or exceeds two thousand dollars ($ 2,000), exceeds ten thousand dollars ($ 10,000), exceeds one hundred thousand dollars ($ 100,000), or exceeds one million dollars ($ 1,000,000). (B) Personal Income Disclosure. When personal Income is required to be reported,<5> the statement shall contain: 1. The name and address of each source of income aggregating five hundred dollars ($ 500) or more in value, or fifty dollars ($ 50) or more in value if the income was a gift, and a general description of the business activity, if any, of each source; 2. A statement whether the aggregate value of income from each source, or in the case of a loan, the highest amount owed to each source, was one thousand dollars ($ 1,000) or less, greater than one thousand dollars ($ 1,000), greater than ten thousand dollars ($ 10,000), or greater than one hundred thousand dollars ($ 100,000); 3. A description of the consideration, if any, for which the income was received; 4. In the case of a gift, the name, address and business activity of the donor and any intermediary through which the gift was made; a description of the gift; the amount or value of the gift; and the date on which the gift was received; 5. In the case of a loan, the annual interest rate and the security, if any, given for the loan and the term of the loan. (C) Business Entity Income Disclosure. When income of a business entity, including income of a sole proprietorship, is required to be reported,<6> the statement shall contain: 1. The name, address, and a general description of the business activity of the business entity; 2. The name of every person from whom the business entity received payments if the filer's pro rata share of gross receipts from such person was equal to or greater than ten thousand dollars ($ 10,000). (D) Business Position Disclosure. When business positions are required to be reported, a designated employee shall list the name and address of each business entity in which he or she is a director, officer, partner, trustee, employee, or in which he or she holds any position of management, a description of the business activity in which the business entity is engaged, and the designated employee's position with the business entity. (E) Acquisition or Disposal During Reporting Period. In the case of an annual or leaving office statement, if an investment or an interest in real property was partially or wholly acquired or disposed of during the period covered by the statement, the statement shall contain the date of acquisition or disposal. (8) Section 8. Prohibition on Receipt of Honoraria. (A) No member of a state board or commission, and no designated employee of a state or local government agency, Page 4 of 8 shall accept any honorarium from any source, if the member or employee would be required to report the receipt of income or gifts from that source on his or her statement of economic interests. This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. Subdivisions (a), (b), and (c) of Government Code Section 89501 shall apply to the prohibitions in this section. This section shall not limit or prohibit payments, advances, or reimbursements for travel and related lodging and subsistence authorized by Government Code section 89506. (8.1) Section 8.1. Prohibition on Receipt of Gifts in Excess of $ 420. (A) No member of a state board or commission, and no designated employee of a state or local government agency, shall accept gifts with a total value of more than $ 420 in a calendar year from any single source, if the member or employee would be required to report the receipt of income or gifts from that source on his or her statement of economic interests. This section shall not apply to any part-time member of the governing board of any public institution of higher education, unless the member is also an elected official. Subdivisions (e), (f), and (g) of Government Code section 89503 shall apply to the prohibitions in this section. (8.2) Section 8.2. Loans to Public Officials. (A) No elected officer of a state or local government agency shall, from the date of his or her election to office through the date that he or she vacates office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the elected officer holds office or over which the elected officer's agency has direction and control. (B) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any officer, employee, member, or consultant of the state or local government agency in which the public official holds office or over which the public official's agency has direction and control. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (C)No elected officer of a state or local government agency shall, from the date of his or her election to office through the date that he or she vacates office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. (D) No public official who is exempt from the state civil service system pursuant to subdivisions (c), (d), (e), (f), and (g) of Section 4 of Article VII of the Constitution shall, while he or she holds office, receive a personal loan from any person who has a contract with the state or local government agency to which that elected officer has been elected or over which that elected officer's agency has direction and control. This subdivision shall not apply to loans made by banks or other financial institutions or to any indebtedness created as part of a retail installment or credit card transaction, if the loan is made or the indebtedness created in the lender's regular course of business on terms available to members of the public without regard to the elected officer's official status. This subdivision shall not apply to loans made to a public official whose duties are solely secretarial, clerical, or manual. (E) This section shall not apply to the following: 1. Loans made to -the campaign committee of an elected officer or candidate for elective office. 2. Loans made by a public official's spouse, child, parent, grandparent, grandchild, brother, sister, parent -in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such persons, provided that the person making the loan is not acting as an agent or intermediary for any person not otherwise exempted under this section. 3. Loans from a person which, in the aggregate, do not exceed five hundred dollars ($ 500) at any given time. 4. Loans made, or offered in writing, before January 1, 1998. (8.3) Section 8.3. Loan Terms. (A) Except as set forth in subdivision (B), no elected officer of a state or local government agency shall, from the date of his or her election to office through the date he or she vacates office, receive a personal loan of five hundred dollars ($ 500) or more, except when the loan is in writing and clearly states the terms of the loan, including the parties to the loan agreement, date of the loan, amount of the loan, term of the loan, date or dates when payments Page 5 of 8 shall be due on the loan and the amount of the payments, and the rate of interest paid on the loan. (B) This section shall not apply to the following types of loans:. 1. Loans made to the campaign committee of the elected officer. 2. Loans made to the elected officer by his or her spouse, child, parent, grandparent, grandchild, brother, sister, parent -in-law, brother-in-law, sister-in-law, nephew, niece, aunt, uncle, or first cousin, or the spouse of any such person, provided that the person making the loan is not acting as an agent or intermediary for any, person not otherwise exempted under this section. 3. Loans made, or offered in writing, before January 1, 1998. (C) Nothing in this section shall exempt any person from any other provision of Title 9 of the Government Code. (8.4) Section 8.4. Personal Loans. (A) Except as set forth in subdivision (B), a personal loan received by any designated employee shall become a gift to the designated employee for the purposes of this section in the following circumstances: 1. If the loan has a defined date or dates for repayment, when the statute of limitations for filing an action for default has expired. 2. If the loan has no defined date or dates for repayment, when one year has elapsed from the later of the following: a. The date the loan was made. b. The date the last payment of one hundred dollars ($ 100) or more was made on the loan. c. The date upon which the debtor has made payments on the loan aggregating to less than two hundred fifty dollars ($ 250) during the previous 12 months. (B) This section shall not apply to the following types of loans: 1. A loan made to the campaign committee of an elected officer or a candidate for elective office. 2. A loan that would otherwise not be a gift as defined in this title. 3. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor has taken reasonable action to collect the balance due. 4. A loan that would otherwise be a gift as set forth under subdivision (A), but on which the creditor, based on reasonable business considerations, has not undertaken collection action. Except in a criminal action, a creditor who claims that a loan is not a gift on the basis of this paragraph has the burden of proving that the decision for not taking collection action was based on reasonable business considerations. 5. A loan made to a debtor who has filed for bankruptcy and the loan is ultimately discharged in bankruptcy. (C) Nothing in this section shall exempt any person from any other provisions of Title 9 of the Government Code. (9) Section 9. Disqualification. No designated employee shall make, participate in making, or in any way attempt to use his or her official position to influence the making of any governmental decision which he or she knows or has reason to know will have a reasonably foreseeable material financial effect, distinguishable from its effect on the public generally, on the official or, a member of his or her immediate family or on: (A) Any business entity in which the designated employee has a direct or indirect investment worth two thousand dollars ($ 2,000) or more; (B) Any real property in which the designated employee has a direct or indirect interest worth two thousand dollars ($ 2,000) or more; (C) Any source of income, other than gifts and other than loans by a commercial lending institution in the regular course of business on terms available to the public without regard to official status, aggregating five hundred dollars ($ 500) or more in value provided to, received by or promised to the designated employee within 12 months prior to the time when the decision is made; (D) Any business entity in which the designated employee is a director, officer, partner, trustee, employee, or holds Page 6 of 8 any position of management; or (E) Any donor of, or any intermediary or agent for a donor of, a gift or gifts aggregating $ 420 or more provided to, received by, or promised to the designated employee within 12 months prior to the time when the decision is made. (9.3) Section 9.3. Legally Required Participation. No designated employee shall be prevented from making or participating in the making of any decision to the extent his or her participation is legally required for the decision to be made. The fact that the vote of a designated employee who is on a voting body is needed to break a tie does not make his or her participation legally required for purposes of this section. (9.5) Section 9.5. Disqualification of State Officers and Employees. In addition to the general disqualification provisions of section 9, no state administrative official shall make, participate in making, or use his or her official position to influence any governmental decision directly relating to any contract where the state administrative official knows or has reason to know that any party to the contract is a person with whom the state administrative official, or any member of his or her immediate family has, within 12 months prior to the time when the official action is to be taken: (A) Engaged in a business transaction or transactions on terms not available to members of the public, regarding any investment or interest in real property; or (B) Engaged in a business transaction or transactions on terms not available to members of the public regarding the rendering of goods or services totaling in value one thousand dollars ($ 1,000) or more. (10) Section 10. Disclosure of Disqualifying Interest. When a designated employee determines that he or she should not make a governmental decision because he or she has a disqualifying Interest in it, the determination not to act may be accompanied by disclosure of the disqualifying interest. (11) Section 11. Assistance of the Commission and Counsel. Any designated employee who is unsure of his or her duties under this code may request assistance from the Fair Political Practices Commission pursuant to Government Code section 83114 and 2 Cal. Code Regs. sections 18329 and 18329.5 or from the attorney for his or her agency, provided that nothing in this section requires the attorney for the agency to issue any formal or informal opinion. (12) Section 12. Violations. This code has the force and effect of law. Designated employees violating any provision of this code are subject to the administrative, criminal and civil sanctions provided in the Political Reform Act, Government Code sections 81000-91014. In addition, a decision in relation to which a violation of the disqualification provisions of this code or of Government Code section 87100 or 87450 has occurred may be set aside as void pursuant to Government Code section 91003. <1>Designated employees who are required to file statements of economic interests under any other agency's conflict of interest code, or under article 2 for a different jurisdiction, may expand their statement of economic interests to cover reportable interests in both jurisdictions, and file copies of this expanded statement with both entities in lieu of filing separate and distinct statements, provided that each copy of such expanded statement filed in place of an original is signed and verified by the designated employee as if it were an original. See Government Code section 81004. <2>See Government Code section 81010 and 2 Cal. Code of Regs. section 18115 for the duties of filing officers and persons in agencies who make and retain copies of statements and forward the originals to the filing officer. <3>For the purpose of disclosure only (not disqualification), an interest in real property does not include the principal residence of the filer. <4>Investments and interests in real property which have a fair market value of less than $ 2,000 are not investments and interests in real property within the meaning of the Political Reform Act. However, investments or interests in real property of an individual include those held by the individual's spouse and dependent children as well as a pro rata share of any investment or interest in real property of any business entity or trust in which the individual, spouse and dependent children own, in the aggregate, a direct, indirect or beneficial interest of 10 percent or greater. Page 7 of 8 <5>A designated employee's income includes his or her community property interest in the income of his or her spouse but does not include salary or reimbursement for expenses received from a state, local or federal government agency. <6>Income of a business entity is reportable if the direct, indirect or beneficial interest of the filer and the filer's spouse in the business entity aggregates a 10 percent or greater interest. In addition, the disclosure of persons who are clients or customers of a business entity is required only if the clients or customers are within one of the disclosure categories of the filer. AUTHORITY: Note: Authority cited: Section 83112, Government Code. Reference: Sections 87103(e), 87300-87302. 89501, 89502 and 89503, Government Code. HISTORY: 1. New section filed 4-2-80 as an emergency; effective upon filing (Register 80, No. 14). Certificate of Compliance included. 2. Editorial correction (Register 80, No. 29). 3. Amendment of subsection (b) filed 1-9-81; effective thirtieth day thereafter (Register 81, No. 2). 4. Amendment of subsection (b)(7)(B)1. filed 1-26-83; effective thirtieth day thereafter, (Register 83, No. 5). 5. Amendment of subsection (b)(7)(A) filed 11-10-83; effective thirtieth day thereafter (Register 83, No. 46). 6. Amendment filed 4-13-87; operative 5-13-87 (Register 87, No. 16). 7. Amendment of subsection (b) filed 10-21-88; operative 11-20-88 (Register 88, No. 46). 8. Amendment of subsections (b)(8)(A) and (b)(8)(B) and numerous editorial changes filed 8-28-90; operative 9- 27-90 (Reg. 90, No. 42). 9. Amendment of subsections (b)(3), (b)(8) and renumbering of following subsections and amendment of Note filed 8-7-92; operative 9-7-92 (Register 92, No. 32). 10. Amendment of subsection (b)(5.5) and new subsections (b)(5.5)(A)-(A)(2) filed 2-4-93; operative 2-4-93 (Register 93, No. 6). 11. Change without regulatory effect adopting Conflict of Interest Code for California Mental Health Planning Council filed 11-22-93 pursuant to title 1, section 100, California Code of Regulations (Register 93, No. 48). Approved by Fair Political Practices Commission 9-21-93. 12. Change without regulatory effect redesignating Conflict of Interest Code for California Mental Health Planning Council as chapter 62, section 55100 filed 1-4-94 pursuant to title 1, section 100, Califomia Code of Regulations (Register 94, No. 1). 13. Editorial correction adding History 11 and 12 and deleting duplicate section number (Register 94, No. 17). 14. Amendment of subsection (b)(8), designation of subsection (b)(8)(A), new subsection (b)(8)(B), and amendment of subsections (b)(8.1)-(b)(8.1)(B), (b)(9)(E) and Note filed 3-14-95; operative 3-14-95 pursuant to Government Code section 11143 4(d) (Register 95, No. 11). 15. Editorial correction inserting inadvertently omitted language in footnote 4 (Register 96, No. 13). 16. Amendment of subsections (b)(8)(A)-(B) and (b)(8.1)(A), repealer of subsection (b)(8.1)(B), and amendment of subsection (b)(12) filed 10-23-96; operative 10-23-96 pursuant to Government Code section 11343.4(d) (Register 96, No. 43). 17. Amendment of subsections (b)(8.1) and (9)(E) filed 4-9-97; operative 4-9-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 15). 18. Amendment of subsections (b)(7)(B)5., new subsections (b)(8.2)-(b)(8.4)(C) and amendment of Note filed 8- 24-98; operative 8-24-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 35). 19. Editorial correction of subsection (a) (Register 98, No. 47). 20. Amendment of subsections (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 5-11-99; operative 5-11-99 pursuant to Page 8 of 8 Government Code section 11343.4(d) (Register 99, No. 20), 21. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 12-6-2000; operative 1-1-2001 pursuant to the 1974 version of Government Code section 11380.2 and Title 2, California Code of Regulations, section 18312(d) and (e) (Register 2000, No. 49). 22. Amendment of subsections (b)(3) and (b)(10) filed 1-10-2001; operative 2-1-2001. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 2). 23. Amendment of subsections (b)(7)(A)4., (b)(7)(B)1.-2., (b)(8.2)(E)3., (b)(9)(A)-(C) and footnote 4. filed 2-13- 2001. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2001, No. 7). 24. Amendment of subsections (b)(8.1)-(b)(8.1)(A) filed 1-16-2003; operative 1-1-2003. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2003, No. 3). 25. Editorial correction of 24 (Register 2003, No. 12). 26. Editorial correction removing extraneous phrase in subsection (b)(9.5)(B) (Register 2004, No. 33). 27. Amendment of subsections (b)(2)-(3), (b)(3)(C), (b)(6)(C), (b)(8.1)-(b)(8.1)(A), (b)(9)(E) and (b)(11)-(12) filed 1-4-2005; operative 1-1-2005 pursuant to Government Code section 11343.4 (Register 2005, No. 1). 28. Amendment of subsection (b)(7)(A)4. filed 10-11-2005; operative 11-10-2005 (Register 2005, No. 41). 29. Amendment of subsections (a), (b)(1), (b)(3), (b)(8.1), (b)(8.1)(A) and (b)(9)(E) filed 12-18-2006; operative 1- 1-2007. Submitted to OAL pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements) (Register 2006, No. 51), 30. Amendment of subsections (b)(8.1)-(b)(8.1)(A) and (b)(9)(E) filed 10-31-2008; operative 11-30-2008. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2008, No. 44). APPENDIX CONFLICT OF INTEREST CODE FOR THE CITY OF NATIONAL CITY AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY I. PURPOSE. This Code is adopted pursuant to the provisions of Government Code Section 87300, et seq., to provide for the disclosure or prevention of all foreseeable potential conflicts of interest; to provide effected persons with clear and specific statements of their duties under the Code; and to differentiate between designated persons with different powers and responsibilities. The requirements hereof are in addition to the other requirements of the Political Reform Act and other State and local laws pertaining to conflicts of interest, including the general prohibition against conflicts of interest found in Government Code Section 87100. II. GENERAL PROVISIONS. A. When a person is required to disclose investments and sources of income, that person must disclose investments in business entities and sources of income that do business in the jurisdiction, or have done business in the jurisdiction within the past 12 months (Initial Statement and Assuming Office Statement) or calendar year (Annual Statement). In addition to other activities, a business entity is doing business within the jurisdiction if it owns real property within the jurisdiction. B. When a person is required to disclose interests in real property, that person must disclose real property that is located in whole or in part within the boundaries of the City of National City. C. When a person is required to disclose business positions, that person must disclose positions of director, officer, partner, trustee, employee, or any position of management in organizations or enterprises operated for profit. Ill. DISCLOSURE. The persons listed below have been designated as those persons who make and participate in the making of decisions which may foreseeably have a material effect on financial interests within their required disclosure categories as defined in 2 Cal. Code of Regulations Section 18730 and its subsequent amendments. The persons listed below are required to file the initial, annual, and leaving office statements of financial interest required by this Code for the types of interests in the categories set forth in the column "Disclosure Categories" opposite the column "Designated Positions." l Appendix - Conflict of Interest Code The Disclosure Categories are: CATEGORY 1: CATEGORY 2: CATEGORY 3: CATEGORY 4: Investments and sources of income. Interests in real property. Investments, interests in real property, and sources of income subject to the regulatory, permit, or licensing authority of the department. Investments in business entities and sources of income that engage in land development, construction, or the acquisition or sale of real property. CATEGORY 5: Investments in business entities and sources of income of the type which, within the past 12 months or calendar year, whichever is applicable, have contracted with the City of National City or the Community Development Commission of the City of National City to provide services, supplies, materials, machinery, or equipment. CATEGORY 6: Investments in business entitles and sources of income of the type which, within the past 12 months or calendar year, whichever is applicable, have contracted with the person's department to provide services, supplies, materials, machinery, or equipment. CATEGORY 7: Business positions. The persons designated as those persons who make and participate in the making of decisions which may foreseeably have a material effect on financial interests with their required disclosure categories as defined in 2 Cal. Code of Regulations Section 18730 and its subsequent amendments are: DESIGNATED POSITION 1. Mayor, Councilmembers 2. Chairman and Members of the Community Development Commission 3. City Manager 4. City Attorney/ Community Development Commission Attorney 5. City Treasurer 6. Director of Finance 7. Financial Services Officer 8. Planning Commission 9. Advisory and Appeals Board 10. Assistant Chief of Police DISCLOSURE CATEGORIES */ */ */ */ */ */ */ */ 1,2,3,4,5,6,7 1,2,3,4,5,6,7 2 Appendix — Conflict of Interest Code DESIGNATED POSITION 11. Assistant City Attorney/Senior Assistant City Attorney 12. Assistant City Manager 13. Assistant Engineer - Civil 14. Assistant Director of Public Works/Engineering 15. Associate Engineer - Civil 16. Building Inspector 17. Building Official 18. City Clerk (includes Records Management Officer) 19. City Engineer 20. City Librarian 21. Civil Service Commission 22. Community and Police Relations Commission 23. Community Development Program Manager 24. Community Development Specialist III 25. Community Services Director 26. Deputy City Attorney 27. Deputy Director of Finance 28. Deputy Director of Human Resources 29. Director of Building and Safety 30. Director of Community Development 31. Director of Emergency Services 32. Director of Human Resources 33. Director of Planning 34. Director of Public Works 35. Equipment Maintenance Supervisor 36. Executive Assistance III (When assigned to Mayor's, City Manager's, or City Attorney's Office) 37. Executive Assistance IV (When assigned to Mayor's, City Manager's, or City Attorney's Office) 38. Executive Director, Community Development Commission 39. Facilities Maintenance Supervisor 40. Fire Battalion Chief 41. Fire Chief 42. Housing and Community Development Committee 43. Housing Program Manager 44. Library Board of Trustees DISCLOSURE CATEGORIES 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1,2,3,4,5,6,7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1,2,3,4,5,6,7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1,2,3,4,5,6,7 1, 2, 3, 4, 5, 6, 7 1,2,3,4,5,6,7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1,2,3,4,5,6,7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1,2,3,4,5,6,7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1,2,3,4,5,6,7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1,2,4,5,7 1,2,4,5,7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 3 Appendix - Conflict of Interest Code DESIGNATED POSITION 45. Management Analyst I 46. Management Analyst II 47. Management Analyst III 48. MIS Manager 49. Neighborhood Council Coordinator 50. Neighborhood Services Manager 51. Nutrition Program Manager 52. Park Superintendent 53. Park Supervisor 54. Police Captain 55. Police Chief 56, Police Lieutenant 57. Police Support Services Manager 58. Principal Civil Engineer 59. Principal Librarian 60. Principal Planner 61. Public Arts Committee 62. Purchasing Agent 63. Recreation Superintendent 64. Risk Manager 65. Senior Accountant 66. Senior Building Inspector 67. Senior Code Conformance Officer 68. Street and Wastewater Superintendent 69. Street Maintenance Supervisor 70. Traffic Engineer 71. Wastewater Supervisor 72. Consultants: If designated in their contracts, for the categories specified in their contracts by the City Council, the CDC Board, City Manager, Executive Director or Purchasing Agent. DISCLOSURE CATEGORIES 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1,2,3,4,5,6,7 1,2,3,4,5,6,7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 1,2,3,4,5,6,7 1, 2, 3, 4, 5, 6, 7 1, 2,3, 4, 5, 6, 7 1, 2, 3, 4, 5, 6, 7 */ These positions file disclosure statements as required by Government Code Sections 87200-87210. They are listed here for disqualification purposes only. See Government Code Section 87200 for disclosure requirements. 4 Appendix - Conflict of Interest Code CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 22, 2010 AGENDA ITEM NO. 23 EM TITLE: Resolution approving and authorizing issuance of a Written Report pertaining to a Moratorium Ordinance prohibiting establishments dispensing Marijuana for Medical Purposes PREPARED BY: George H. Eiser, III DEPARTMENT: City Attorney PHONE: 619-336-4221 APPROVED BY: A` EXPLANATION: At the July 21, 2009 City Council meeting, the Council enacted Ordinance No. 2009-2321, an urgency interim ordinance imposing a 45-day moratorium prohibiting establishments dispensing marijuana for medical purposes. At the September 1, 2009 City Council meeting, the Council enacted Ordinance No. 2009-2322, extending the moratorium for 10 months and 15 days. Section 3 of Ordinance No. 2009-2322 directed the Planning Commission to commence studies and procedures necessary for the adoption of measures prohibiting or regulating establishments dispensing marijuana for medical purposes. An item pertaining to the moratorium ordinance prohibiting medical marijuana dispensaries appeared on the June 7, 2010 Planning Commission agenda. The Staff Report for this item is attached. Also attached is Planning Commission Resolution No. 14-2010, adopted at the June 7 meeting, recommending that the City Council extend the moratorium for an additional 12 months. An item will be placed on the July 6 agenda for the City Council to consider extending the moratorium for an �d 1itional 12 months. Prior to doing so, the Council must issue a written report describing the measures taken to viate the condition that led to the adoption of the moratorium ordinance. In order to meet this requirement, the ....ached report is submitted for Council approval and issuance. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Approve and authorize issuance of report. BOARD / COMMISSION RECOMMENDATION: The Planning Commission has recommended extension of the moratorium for 12 months. ATTACHMENTS: Proposed Resolution 2. Report (Government Code Section 65858(d)) 3. Staff Report for June 7 Planning Commission meeting 4. Planning Commission Resolution No. 14-2010 5. Ordinance No. 2009-2232 RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND AUTHORIZING ISSUANCE OF A WRITTEN REPORT PERTAINING TO A MORATORIUM ORDINANCE PROHIBITING ESTABLISHMENTS DISPENSING MARIJUANA FOR MEDICAL PURPOSES IN NATIONAL CITY WHEREAS, at the City Council meeting of July 21, 2009, the Council enacted Ordinance No. 2009-2321, "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 Establishments Dispensing Marijuana for Medical Purposes in National City"; and WHEREAS, at the City Council meeting of September 1, 2009, the Council enacted Ordinance No. 2009-2322, "An Interim Ordinance of the City Council of the City of National City Adopted Pursuant to Government Code Section 65858 as an Urgency Measure Extending for 10 Months and 15 Days a Moratorium Prohibiting Establishments Dispensing Marijuana for Medical Purposes in National City"; and WHEREAS, Section 3 of Ordinance 2009-2322 directed the Planning Commission to commence studies and procedures necessary for the adoption of measures prohibiting or regulating establishments dispensing marijuana for medical purposes; and WHEREAS, the Planning Commission considered the matter at their meeting of June 7, 2010, at which time the Commission adopted Resolution No. 14-2010, recommending that the City Council extend the moratorium for 12 months; and WHEREAS, the moratorium enacted pursuant to Ordinance No. 2009-2322 will expire on July 16, 2010, subject to extension by action of the City Council; and WHEREAS, Section 65858(d) of he Government Code provides that at least 10 days prior to the expiration of the interim ordinance or any extension, the legislative body shall issue a written report describing the measures taken to alleviate the condition which led to the adoption of the ordinance; and WHEREAS, a Report satisfying the requirements of Government Code Section 65858(d) is attached hereto as Exhibit "A" and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby finds and determines that the Report attached hereto as Exhibit "A" satisfies the requirements of Government Code Section 65858(d), and hereby approves and authorizes issuance of said Report. --- Signature Page to Follow --- Resolution No. 2010 — Page 2 PASSED and ADOPTED this 22nd day of June, 2010. Ron Morrison, Mayor ATTEST: Mike Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney MORATORIUM ORDINANCE PROHIBITING ESTABLISHMENTS DISPENSING MARIJUANA FOR MEDICAL PURPOSES WRITTEN REPORT Report (Government Code Section 65858 (d) Since the City Council's extension of the urgency moratorium ordinance on September 1, 2009, for 10 months and 15 days (Ordinance No. 2009-232), the City has taken the following actions to alleviate the condition that led to the adoption of the ordinance. 1. Review of Current Land Use Code; Business Licenses Applications As with any business operating within the City of National City, a medical marijuana dispensing facility must obtain a business license. At the time of application, the business license application would be forwarded to the Planning Division to determine if the use is an allowed use within the zone in which it is proposed. The City's Land Use Code, Chapter 18 of the National City Municipal Code, does not list marijuana dispensing facilities as a lawful, permitted use. There are, however, other land uses which, if broadly construed, could possibly encompass a medical marijuana dispensing facility. The Council, in enacting Ordinance No. 2009-232, indicated that this use as well as additional associated uses, should be further investigated. The moratorium provides the City an opportunity to undertake such an investigation to determine how it wishes to proceed, while barring the specific use in the interim. On March 25, 2010, a voter initiative was qualified to be placed on the November 2010 ballot that, if passed, would legalize possession of marijuana in Califomia. Under the initiative, simple possession of an ounce (28.5 grams) or less of marijuana, currently a misdemeanor offense punishable by a $100 fine, would be legal for anyone at least 21 years of age. It also would be lawful to grow limited amounts in one's own home for personal use. While sales would not be legalized outright, cities and counties could pass laws permitting commercial distribution subject to local regulations and taxes. Retail sales would still be limited to an ounce for adults 21 years of age and older. 2. Inventoried Existing Medical Marijuana Dispensaries The City's Finance Department researched business license records and determined that there currently are no licensed medical marijuana dispensaries within the City. Recently, an unlawfully -operated business claiming to be a medical marijuana dispensary was discovered operating at the Acropolis Storage facility on the south end of Highland Avenue. On June 10, the business was abated by the Police Department and all contraband materials were confiscated. 3. Review of Inquiries/Pending Permit Applications Although the Planning Division has received inquiries regarding establishment of medical marijuana facilities in the city, no permits or formal license applications have been submitted. EXHIBIT "A" Moratorium Ordinance Prohibiting Establishments Dispensing Marijuana for Medical Purposes - Written Report June 2010 Page 2 4. Planning Commission Review Ordinance No. 2009-232 directs the Planning Commission to commence studies and procedures necessary to consider regulations prohibiting or regulating medical marijuana dispensaries. The Planning Commission considered this matter at their June 7 meeting, and adopted Resolution 14- 2010, recommending that the moratorium be extended for 12 months. Summary Upon completion of the study and recommendations by the Planning Commission, and after the November 2010 election results regarding legalization of marijuana are known, an amendment would be brought to the Planning Commission and City Council for consideration and adoption. The City may choose to authorize or prohibit medical marijuana dispensaries through the enforcement of its Zoning Code and business license process. In order to allow a marijuana dispensing facility, the Land Use Code may be amended to recognize the use and any auxiliary type use, determine if it is an appropriate use for the City, and determine the appropriate zone and possible distance requirements from schools and parks. To prohibit marijuana dispensing facilities as a use, amendments to the Land Use Code would likely be recommended to make the prohibition abundantly clear. Title: Item no. 10 June 7, 2010 CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT A REPORT REGARDING RECOMMENDING THE EXTENSION FOR 12 MONTHS OF THE INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, ADOPTED PURSUANT TO GOVERNMENT CODE SECTION 65868 AS AN URGENCY MEASURE, ENACTING A MORATORIUM PROHIBITING ESTABLISHMENTS DISPENSING MARIJUANA FOR MEDICAL PURPOSES IN NATIONAL CITY. Case File No.: 2009-14 A Staff report by: Peggy Chapin, Principal Planner Applicant: City Initiated Location: Citywide Environmental review: Exempt pursuant to California Environmental Quality Act CEQA) Section 16306, Class 6, Information Collection Background The City Council adopted Ordinance 2009-2321 on July 21, 2009 enacting a moratorium prohibiting establishments dispensing marijuana for medical purpose in National City. Prior to preparing an amendment to the land use code, the Council recommended that the Planning Commission commence studies and procedures necessary for the adoption of measures prohibiting or regulating establishments dispensing marijuana for medical purposes. On August 17, 2009, the Commission directed staff to complete further investigations and prepare ordinances either prohibiting or regulating establishments dispensing marijuana. On September 1, 2009, the Council enacted an urgency interim ordinance extending for 12 months the moratorium prohibiting establishments dispensing marijuana for medical purposes, in order to allow consideration of the City's options for regulation in this area for a period of ten months and 15 days. Analysis On March 25, 2010, a voter initiative was qualified to be placed on the November 2010 ballot that, if passed, would legalize possession of marijuana in California. Under the initiative, simple possession of an ounce (28.5 grams) or less of marijuana, currently a misdemeanor offense punishable by a $100 fine would be legal for anyone at least 21. It also would be lawful to grow limited amounts in one's own home for personal use. While sales would not be legalized outright, cities and counties could pass laws permitting commercial distribution subject to local regulations and taxes. Retail sales would still be limited to an ounce for adults 21 and older. In accordance with Gov't Code Section 65858, an urgency ordinance may be in effect for a period of 45 days from its date of adoption and may be extended for a period of 10 months and 15 days, and for an additional period of 12 months. The purpose of this report is to request the Commission recommend that the City Council extend the moratorium for.another year to await the outcome of the state initiative. After the election, staff will approach the Commission for further direction for the preparation of appropriate regulations. Environmental Review A report prepared to investigate and evaluate a future action of the City would be considered exempt pursuant to Section 15306, Class 6 Information Collection, of the California Environmental Quality Act. Class 6 consists of basic data collection, research, experimental management and resource evaluation activities that do not result in a serious or major disturbance to an environmental resource. These may be strictly for information gathering purposes, or as part of a study leading to an action which a public action has not yet approved, adopted or funded. Recommendation 1. Recommend the City Council extend the moratorium for a period of one year; or, 2. Provide additional direction to staff and prepare a report to Council. Peggy Chapin Maryam Babaki Principal Planner Director of Development Services RESOLUTION NO. 14-2010 A RESOLUTION OF THE PLANNING COMMISION OF THE CITY OF NATIONAL CITY RECOMMENDING THE CITY COUNCIL EXTEND FOR 12 MONTHS THE MORATORIUM PROHIBITING ESTABLISHMENTS DISPENSING MARIJUANA FOR MEDICAL PURPOSES IN NATIONAL CITY CASE FILE 2009-14 A WHEREAS, at their regular meeting held on July 21, 2009, the City Council adopted an urgency interim ordinance, Ordinance 2009-2321 enacting a moratorium for 45 days prohibiting establishments dispensing marijuana for medical purposes in the City; and WHEREAS, among other provisions, Ordinance No. 2009-2321 directed the Planning Commission to commence studies and procedures necessary for the adoption of measures prohibiting or regulating establishments dispensing marijuana for medical purposes; and WHEREAS, on August 28, 2009, the City Council adopted Resolution No. 2009-202 "Approving and Authorizing Issuance of a Written Report Pertaining to a Moratorium Ordinance Prohibiting Establishments Dispensing Marijuana for Medical Purposes in the City", and WHEREAS, on September 1, 2009, the City Council held a public hearing at which time oral and documentary evidence was heard, to consider adopting an urgency ordinance to extend for an additional period of 10 months and 15 days, th4 45 day moratorium established by Ordinance No. 2009-2321; and WHEREAS, at their regular meeting held on June 7, 2010, the Planning Commission considered the staff report provided by Case File No. 2009-14 A that identified a state-wide initiative on the November 2010 ballot that would, if approved, change state law to legalize the use and possession of marijuana in limited amounts in the State of California, and which would potentially impact the formulation of regulations pertaining to the dispensing of marijuana for medical purposes; and WHEREAS, at said meeting, the Planning Commission considered the staff report provided for Case File No. 2009-14 A, which is maintained by the City and incorporated herein by reference; along with any other evidence presented at said public meeting; and, WHEREAS, at said meeting the Planning Commission considered the pending initiative that would legalize the use and possession of marijuana in limited amounts and recommended the City Council extend the moratorium prohibiting establishments dispensing marijuana for medical purposes in the City for a maximum of 12 additional months, by which time it is expected that the election results for the initiative are known; and WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, this action is taken in an effort to be compliant with applicable State law; and, WHEREAS, the action hereby taken is found to be essential for the conservation of water resources available to the City and for the preservation of the public health, safety and general welfare. NOW, THEREFORE, BE 1T RESOLVED that based on the findings herein before stated, the Planning Commission hereby recommends that the City Council extend the moratorium prohibiting establishments dispensing marijuana for medical purposes in the City for 12 additional months. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of June 7, 2010, by the following vote: AYES: NAYS: Farais,'Alvarado, Reynolds, Pruitt, Flores ABSENT: DeLaPaz, Baca ABSTAIN: CHAIRMAN 2 ORDINANCE NO. 2009 — 2322 AN N INTERIM ORDINANCE OF THE CITY COUNCIL OF THE:CITYOF NATIONAL CITY ADOPTED PURSUANT TO GOVERNMENT CODE SECTION 65858 AS AN URGENCY MEASURE EXTENDING FOR 10 MONTHS AND 15 DAYS A MORATORIUM PROHIBITING ESTABLISHMENTS DISPENSING MARIJUANA FOR MEDICAL PURPOSES IN NATIONAL CITY WHEREAS, National City, acting through its City Council functioning as the Board of the Community Development Commission ("CDC"), has been very proactive over the years in efforts to eliminate blight and revitalize the City through redevelopment activities; and WHEREAS, the CDC Board has created a redevelopment project area of approximately 2,000 acres in the community; and WHEREAS, in addition to various projects within the redevelopment project area, the CDC Board has submitted land use and specific plan proposals for the approval by the City, including proposals affecting. the Downtown Project in the vicinity of 8th Street and National City Boulevard, and that portion of the City which is West of National City Boulevard; and WHEREAS, the City is engaged in the initial stages of amending the General Plan; and WHEREAS, a common element of the zoning, Redevelopment Plan, General Plan, and specific plan proposals is the encouragement of projects within specified areas which would promote a certain atmosphere of cohesiveness and harmony of land uses within those areas; and WHEREAS, as a result of the enactment of Health and Safety Code Section 11362.5, known as the Compassionate Use Act of 1996, inquiries have recently been made to City staff concerning the location in the City of establishments dispensing marijuana for medical purposes; and WHEREAS, there is concem by the City Council thatsuch establishments may conflict with the contemplated Redevelopment, Zoning, General Plan, and specific plan proposals described hereinabove and which the City will: be considering in the future; and WHEREAS, research conductedby the National City Police Department through the DEA concludes that marijuana is a dangerous, addictive drug that poses significant health threats to users; marijuana has no medical value that can't be met more effectively by legal drugs; marijuana users are far more likely to use other drugs like cocaine and heroin than non - marijuana users; and proponents of legalizing marijuana use "medical marijuana" as a red herring in an effort to advocate broader legalization of drug use; and WHEREAS, the City Council has considered the recommendation of Dr. Adolfo Gonzales, Chief of Police, on behalf of the National City Police Department, which is firmly opposed to the location of medical marijuana establishments in the City; and WHEREAS, the City Council finds it necessary and appropriate to study and consider the effects of establishments dispensing marijuana for medical purposes, for example, Ordinance No. 2009 — 2322 Page 2 of 3 to gather information as to the effect such establishments have had upon other communities; and WHEREAS, the City Council finds that existing land use controls do not adequately address the potential adverse effects of establishment dispensing marijuana for medical purposes in the community; and WHEREAS, the City Council finds that there is a current and immediate threat to the public health, safety and welfare from the location in the City of establishments dispensing. marijuana for medical purposes, and that the issuance of building permits, certificates of occupancy and other entitlements for use by such establishments would result in a threat to the public health, safety and welfare; and WHEREAS, at their regular public meeting held on July 21, 2009, the City Council adopted, as an urgency interim ordinance, Ordinance No. 2009-2321, enacting a moratorium for 45 days prohibiting establishments dispensing marijuana for medical purposes. in the City; and WHEREAS, among other provision, Ordinance No. 2009-2321 directed the Planning Commission to commence studies and procedures necessary for the adoption of measures prohibiting or regulating establishments dispensingmarijuana for medical purposes; and WHEREAS, at their regular public meeting held on August 17, 2009, the Planning Commission considered the subject of medical marijuana dispensaries and directed City staff to proceed with further studies .and retum with a recommendation regarding such establishments; and WHEREAS, on August 18, 2009, the City Council adopted Resolution No. 2009 — 202; "Approving and Authorizing Issuance of a Written Report Pertaining to a Moratorium Ordinance Prohibiting Establishments Dispensing Marijuana for Medical Purposes in the City;" and WHEREAS, on September 1, 2009, the City Council held a public hearing, at which time oral and documentary evidence was heard, to consider adopting an urgency ordinance to extend for an additional period of 10 months and 15 days the 45 day moratorium established by Ordinance No. 2009-2321; 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 extend for an additional period of 10 months and 15 days the moratorium established by Ordinance No. 2009-2321 prohibiting establishments dispensing marijuana for medical purposes in National City; and WHEREAS, the City Council intends to adopt, after appropriate study, zoning regulations goveming or prohibiting establishments dispensing marijuana for medical purposes in National City as soon as practicable, and directs the staff to continue studies and procedures necessary for the adoption of such regulations or prohibitions. NOW, THEREFORE, the City Council of the City of National City does ordain as follows: Ordinance No. 2009 - 2322 Page 3 of 3 Section 1. For a period of 10 months and 15 days from the effective date of this Ordinance, no building permit, certificate of occupancy, nor entitlement for .use shall be issued for and no construction shall take place relating to any establishment dispensing marijuana for medical purposes in the City, and no building permit, certificate of occupancy, nor entitlement for use shall be issued for and no construction shall take place relating to the creation, development, or approval of any establishment dispensing marijuana for medical purposes in the City. Section 2. For purposes of this Ordinance, an "establishment dispensing marijuana for medical purposes" or "medical marijuana dispensary" shall mean a facility where marijuana is made available for medical purposes in accordance with Section 11362.5 of the California Health and Safety Code: "Marijuana" shall have the same meaning as the definition of that word in Section 11018 of the California Health and Safety Code. Section 3. The City Council hereby directs the City Staff and Planning Commission to engage in studies and procedures necessary -for the adoption of regulations governing or prohibiting establishments dispensing marijuana for medical purposes in the City. Section 4. 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 5. 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. PASSED and ADOPTED this 1st day of September, 2 09. on Morrison, Mayor ATTEST: Mi ael R. Dalla, ity Clerk APPROVED AS TO FORM: i George H. iser, ID City Attorney Passed and adopted by the Council of the City of National City, California, on September 1, 2009, by the following vote, to -wit: Ayes: Councilmembers Morrison, Parra, Sotelo-Solis, Van Deventer, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the foregoing ordinance was adopted on September 1, 2009, under the provisions of Section 65858 of the California Government Code and became effective immediately upon said adoption. I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or that the reading of said ordinance in full was dispensed with by a vote of not Tess than a majority of the members elected to the Council and that there was available for the consideration of each member of the Council and the public prior to the day of its passage a written or printed copy of said ordinance. I FURTHER CERTIFY that the above and foregoing is a.full, true and correct copy of ORDINANCE NO. 2009-2322 of the City Council of the City of National City, passed and adopted by the Council of said City on September 1, 2009. City rk of the City of (National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 22, 2010 AGENDA ITEM NO. 24 EM TITLE: Warrant Register #46 for the period of 05/12/10 through 05/18/10 in the amount of $1,822,975.97 PREPARED BY: D. Gallegos DEPARTMENT: PHONE: 619-336-4331 APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 05/12/10 through 05/18/10 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount Explanation Koch Armstrong 236370 74,436.12 Street Resurfacing Project Design 236393 166,804.04 General Plan Update SDG&E 236403 56,097.82 Utilities FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $1,822,975.97 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: arrant Register #46 PAYEE FRANK TOYOTA SAN DIEGO GAS & ELECTRIC U S BANK CORPORATE PAYMT SYS CITY OF CHULA VISTA AMAZON AT&T MOBILITY BAKER & TAYLOR BRODART CALIFA GROUP CITY OF NATIONAL CITY DELL MARKETING CORP DEMCO INC DISCOUNT SCHOOL SUPPLY EBSCO HANSEN LIBRARY SALES LASER SAVER INC LEARNING EXPRESS, LLC MIDWEST TAPE JATIONAL ELEM SCHOOL DISTRICT JEW READERS PRESS NOLO PRESS, INC. SMILE MAKERS SPRINT STAPLES ADVANTAGE T'S & SIGNS THE H W WILSON COMP THE SHOPPER, INC. THOMSON GALE U S POSTMASTER WILLY'S ELECTRONIC SUPPLY XEROX CORPORATION BEST BEST & KRIEGER LLP COUNTY OF SAN DIEGO DIXIELINE BUILDERS EDCO DISPOSAL CORPORATION LASER SAVER INC LATITUDE 33 PLANNING AND ENGIN N C CHAMBER OF COMMERCE NINYO & MOORE THE SOHAGI LAW GROUP PLC VERIZON WIRELESS 1800-RADIATOR ADAMSON POLICE PRODUCTS ,IRGAS-WEST ALL FRESH PRODUCTS ANTHONY'S AUTO BODY ARCO GASPRO PLUS N IA If iNcORPU tRT" WARRANT REGISTER # 46 5/18/2010 DESCRIPTION TOYOTA PRIUS HYBRID GAS & ELECTRIC SERVICE/USAGE CREDIT CARD EXP - REDEV CHULA VISTA SVS PER AGREEMENT LEAPFROG TAGS FOR WOW MOBILE CELL PHONE SVC-WINGS PROGRAM YOUNG ADULT & CHILDREN BOOK GIVEAWAY BOOKS FOR CHILI COOK PROQUEST DATABASE L. A. TIMES OUT OF STATE SALES TAX DELL OPTIPLEX DESKTOP BASE MATERIALS & SUPPLIES FOR BOOK CRAFT MATERIAL - WOW MOBILE EBSCO ON-LINE SUBSCRIPTION CHILDREN BOOKS MOP 45725 CARTRIDGES ON-LINE DATABASE INTERACTIVE DVD'S FOR THE COLLECTION PRINTING FOR READING BOOKS FOR LITERACY COLLECTION REFERENCE BOOKS INCENTIVES FOR WOWMOBILE VIDEO CONF LONG DISTANCE MOP 45704 LASER COPY PAPER DIGITAL BANNER FOR LIB EVENT REFERENCE BOOKS CLEANING SUPPLIES REFERENCE BOOKS POSTAGE FOR OVERDUE NOTICES MOP 45763 WIRE FOR COMPUTERS BASE CHARGE AND OVERAGES YOUTH ATHLETIC CENTER MARINA GATEWAY HOTEL PROJECT CASA FAMILIAR WASTE DISPOSAL SVC MOP 45725 INK CARTRIDGE - S8 ON -CALL URBAN DESIGN SERVICES SVCS ECO DEV JAN - JUN 2010 MORGAN KIMBALL SENIOR HOUSING GENERAL PLAN UPDATE WIRELESS SVC 03/24/10 - 04/23/10 RADIATOR PLUG N PLAY HEADLITE FLASHER HELIUM TANK REFILLS FOOD FOR NUTRITION CENTER TOWING CHARGE FUEL FOR CITY FLEET CHK NO DATE AMOUNT 236285 5/13/10 1,411.88 236286 5/13/10 184.41 236287 5/13/10 42.25 236288 5/18/10 49,881.50 236289 5/18/10 1,969.24 236290 5/18/10 111.98 236291 5/18/10 1,455.01 236292 5/18/10 983.56 236293 5/18/10 3,969.00 236294 5/18/10 209.61 236295 5/18/10 718.63 236296 5/18/10 219.29 236297 5/18/10 242.47 236298 5/18/10 16,899.00 236299 5/18/10 432.96 236300 5/18/10 236.79 236301 5/18/10 7,900.00 236302 5/18/10 2,300.07 236303 5/18/10 120.58 236304 5/18/10 1,220.36 236305 5/18/10 33.35 236306 5/18/10 370.74 236307 5/18/10 11.29 236308 5/18/10 2,398.81 236309 5/18/10 197.55 236310 5/18/10 187.00 236311 5/18/10 465.14 236312 5/18/10 375.39 236313 5/18/10 308.00 236314 5/18/10 17.55 236315 5/18/10 390.92 236316 5/18/10 8,724.54 236317 5/18/10 2,189.60 236318 5/18/10 48,629.84 236319 5/18/10 104.75 236320 5/18/10 152.14 236321 5/18/10 5,594.00 236322 5/18/10 25,000.00 236323 5/18/10 1,331.75 236324 5/18/10 22,505.00 236325 5/18/10 358.01 236326 5/18/10 151.46 236327 5/18/10 163.58 236328 5/18/10 56.08 236329 5/18/10 4,325.25 236330 5/18/10 1,909.98 236331 5/18/10 28,075.31 PAYEE BEHAVIOR ANALYSIS BON SUISSE INC BOOT WORLD BRENNTAG PACIFIC INC BROWNE CALIFORNIA AIR COMPRESSOR CO CALIFORNIA BAKING CO. CALIFORNIA ELECTRIC SUPPLY CALIFORNIA STATE UNIVERSITY CANIZALES CHEVRON & TEXACO BUSINESS CARD CITY OF CHULA VISTA CITY OF CHULA VISTA CLAIMS MANAGEMENT ASSOCIATES COOPER'S PLUMBING & HEATING CORNEJO COUNTY OF SAN DIEGO COX COMMUNICATIONS CRITERION PICTURES USA, INC. CULLIGAN DELL MARKETING CORP DELTACARE (PMI) DIAZ DISCOUNT SPECIALTY CHEMICALS EW TRUCK & EQUIPMENT CO. INC. EXPERIAN FEDEX FINANCIAL INDEMNITY COMPANY FLINT TRADING, INC. G & A AUTOMOTIVE, INC. GRAINGER GTC SYSTEMS INC HAMILTON MEATS & PROVISIONS HONEYWELL INTERNATIONAL INC HORIZON HEALTH EAP HYDRO-SCAPE PRODUCTS INC. ICWJ JOHN DEERE LANDSCAPES KOCH ARMSTRONG KONE LASER SAVER INC LEE LOPEZ LOPEZ LOPEZ MAGADAY, PERICLES O. MAINTEX INC WARRANT REGISTER # 46 5/18/2010 DESCRIPTION INTERVIEW & INTERROGTN TECH MILK/DAIRY DELIVERY FOR NUTRITION MOP 64096 WEARING APPAREL MUNICIPAL POOL CHEMICALS 236335 REFUND BLDG PERMIT FEES 236336 INSTALLATION MATERIALS-PIPING/WIRING 236337 BREAD DELIVERY FOR NUTRITION 236338 MOP 45698 ELECTRICAL MATERIAL 236339 FIELD TRAINING MGMT COURSE REFUND CALPERS OVERDEDUCTED MOP 45699 GAS ANIMAL SHELTER COSTS SVS OF CHULA VISTA PER AGREEMENT LIABILITY/RISK SVC - APRIL 2010 CITY-WIDE PLUMBING INTERVIEW & INTERROGTN TECH REGIONAL COMMUNICATIONS DATA CIRCUIT 05/07/10 - 06/06/10 MOVIES IN THE PARK - SEPT 2009 WATER SOFTENER SERVICE REPLACEMENT DRIVES -CITY SERVER DENTAL INS PMI - MAY 2010 REIMB - LICENSE CLASS B DISH CONCENTRATE/WASH & WAX LABOR/ECM 8 CYUMSC CHGS CREDIT CHECKS FOR NEW PD EMP OVERNIGHT DOCUMENT PROPERTY INSURANCE WHITE LINE/YIELD/SIGNAUAHEAD MOP 72655 AUTO PARTS MOP 65179 MATERIALS & SUPPLIES NETWORK ENGINEERING HOURS MEAT DELIVERY FOR NUTRITION CITY-WIDE MECHANICAL HVAC EMP ASST PROGRAM - MAY 2010 MOP 45720 PIPES & FITTING INDIVIDUAL MEMBERSHIP MOP 69277 PIPES, FITTINGS CONSTRUCTIONS SERVICES ELEVATOR REPAIRS/ MAINTENANCE MOP 45725 INK CARTRIDGE REFUND - OVERCHARGED TRANSLATION -MAY WORKSHOPS GPU TRANSLATION SVCS FOR 05/11110 PARADISE CREEK - 04/13/10 BUS LICENSE ADMIN REFUND BUMMER ALL PURPOSE CLEANER L14 CHK NO DATE AMOUNT 236332 5/18/10 472.00 236333 5/18/10 1,159.89 236334 5/18/10 125.00 5/18/10 1,039.86 5/18/10 1,085.05 5/18/10 2,905.70 5/18/10 144.00 5/18/10 488.54 236340 5/18/10 304.00 236341 5/18/10 8.56 236342 5/18/10 140.60 236343 5/18/10 31,132.00 236344 5/18/10 4,847.00 236345 5/18/10 4,625.00 236346 5/18/10 140.00 236347 5/18/10 694.36 236348 5/18/10 9,024.14 236349 5/18/10 3,758.69 236350 5/18/10 400.0 236351 5/18/10 183.2! 236352 5/18/10 482.88 236353 5/18/10 3,513.78 236354 5/18/10 39.00 236355 5/18/10 358.43 236356 5/18/10 2,898.75 236357 5/18/10 40.85 236358 5/18/10 27.71 236359 5/18/10 25.77 236360 5/18/10 4,801.02 236361 5/18/10 139.89 236362 5/18/10 98.36 236363 5/18/10 788.15 236364 5/18/10 2,369,42 236365 5/18/10 4,057.09 236366 5/18/10 834.14 236367 5/18/10 117.24 236368 5/18/10 25.00 236369 5/18/10 260.07 236370 5/18/10 74,436.12 236371 5/18/10 3,623.79 236372 5/18/10 822.86 236373 5/18/10 1,600.00 236374 5/18/10 70.00 236375 5/18/10 140.(, 236376 5/18/10 140.0C 236377 5/18/10 10.50 236378 5/18/10 211.14 PAYEE MEYERS/NAVE LAW CORP MINUTEMAN PRESS MISSION UNIFORM SERVICE MOTOROLA N C CHAMBER OF COMMERCE NAPA AUTO PARTS NEXUS IS INC NORTHROP GRUMMAN CORPORATION ORKIN PEST CONTROL PACIFIC AUTO REPAIR PERRY FORD POWERSTRIDE BATTERY CO INC PRO BUILD PRO -EDGE KNIFE PROJECT DESIGN CONSULTANTS RED WING SHOES REYES S & S WORLDWIDE INC IAFETY KLEEN AM'S ALIGNMENT SERVICE SAN DIEGO CONSTRUCTION SVCS SAN DIEGO HYDRAULICS SASI SCANNING SERVICE CORPORATION SDG&E • SOUTH COAST EMERGENCY SOUTHLAND AUTO BODY SOUTHWEST SIGNAL SERVICE SPARKLETTS SPARKLETTS WATER STANLEY ACCESS TECHNOLOGIES STAPLES ADVANTAGE STARTECH COMPUTERS SUPERIOR READY MIX SWEETWATER AUTHORITY SYSCO SAN DIEGO TARGET SPECIALTY PRODUCTS TELLEZ THE LIGHTHOUSE INC TORREY PINE BANK TURNER'S PORTABLE WELDING U S HEALTHWORKS URBAN FUTURES 1SA MOBILITY WIRELESS, INC. ✓ALLEY INDUSTRIAL SPECIALTIES VCA MAIN ST ANIMAL HOSPITAL VERIZON WIRELESS WARRANT REGISTER # 46 5/18/2010 DESCRIPTION MOU NEGOTIATIONS/LABOR ADVICE MOP 47939 PROPERTY TAG FORMS CLEANING/LAUNDRY SERVICES MDC SUPPORT 4/1/10-3/31/11 GENERAL FUND GRANT MOP 45735 AUTO PARTS NEXUS PHONE SYSTEM BASIC SOFTWARE MAINTENANCE PEST MAINTENANCE SMOG CERTIFICATION & REPAIRS LABOR/R&R TRANSMISSION VEH #472 MOP 67839 AUTO PARTS MOP 45707 MATERIALS & SUPPLIES KNIFE SHARPENING SERVICES NC GENERAL PLAN UPDATE SAFETY BOOTS - LORONA REFUND OF FTHB LOAN PMT JUMP ROPES PK/6/BEAN BAG/GAME PK ONE TIME PICK UP/ DISPOSAL MOP 72442 R&M AUTO EQUIPMENT REFUND OF C&D AMOUNT COVER/BLOCK RING/SOLENOID PROCESSING CHGS 5/01 - 7/31/10 SCANNING OF 18 MIN BOOKS STREET DIV GAS & ELECTRIC SHAFT BRACKET/PULLEY SYS/ROPE BODY LABOR SIGNAL & STREET LIGHTING SPARKLETTS WATER/DELIVERY WATER FOR MAYORS OFFICE AUTOMATIC DOOR REPAIRS MOP 45704 OFFICE SUPPLIES MOP 61744 COMP SUPPLIES CLASS II BASE WATER UTILITES FOR CDC FOOD FOR NUTRITION CENTER PESTICIDE SEMINAR REG COST TOOLS FOR TOLERANCE PROGRAM MOP 45726 AUTO PARTS RETENTION LABOR/REPAIR MOUNTING PAD EYES MEDICAL SERVICES 1999 TAX ALLOCATION HOUSING BONDS QUARTERLY PAGER SERVICE INV MOP 464853 PLUMBING MATERIAL K9 VET CARE WIRELESS SVC 03/22/10 - 04/21/10 3/4 CHK NO DATE AMOUNT 236379 5/18/10 2,365.00 236380 5/18/10 89.79 236381 5/18/10 200.07 236382 5/18/10 22,755.00 236383 5/18/10 18,760.00 236384 5/18/10 258.62 236385 5/18/10 130.00 236386 5/18/10 36,288.40 236387 5/18/10 513.75 236388 5/18/10 610.83 236389 5/18/10 3,649.11 236390 5/18/10 246.60 236391 5/18/10 1,999.08 236392 5/18/10 46.00 236393 5/18/10 166,804.04 236394 5/18/10 125.00 236395 5/18/10 2,150.00 236396 5/18/10 1,378.91 236397 5/18/10 303.45 236398 5/18/10 30.00 236399 5/18/10 546.20 236400 5/18/10 187.82 236401 5/18/10 243.00 236402 5/18/10 1,530.26 236403 5/18/10 56,097.82 236404 5/18/10 3,422.57 236405 5/18/10 196.19 236406 5/18/10 6,610.51 236407 5/18/10 2.92 236408 5/18/10 12.64 236409 5/18/10 263.00 236410 5/18/10 42.30 236411 5/18/10 127.53 236412 5/18/10 3,419.41 236413 5/18/10 511.48 236414 5/18/10 6,721.89 236415 5/18/10 150.00 236416 5/18/10 248.00 236417 5/18/10 141.32 236418 5/18/10 3,917.69 236419 5/18/10 654.38 236420 5/18/10 55.00 236421 5/18/10 1,950.00 236422 5/18/10 966.02 236423 5/18/10 547.39 236424 5/18/10 129.95 236425 5/18/10 5,094.68 PAYEE WADE & ASSOCIATES WEST GROUP PAYMENT CENTER WESTFLEX INDUSTRIAL WIRED PAYMENTS TRISTAR RISK MANAGEMENT TRISTAR RISK MANAGEMENT PAYROLL Pay period Start Date 10 4/20/2010 »COR.PORl4TED WARRANT REGISTER # 46 5/18/2010 DESCRIPTION BAY MARINA GATEWAY LIBRARY PLAN CHGS 04/05 - 05/04/10 MOP 63850 AUTO PARTS CHK NO DATE 236426 5/18/10 236427 5/18/10 236428 5/18/10 A/P Total PREFUND D. SHEEAN CLAIM#08220340 30035221 5/12/10 APR 2010 WC REPLENISHMENT End Date Check Date 5/3/2010 5/12/2010 30035406 5/12/10 4/4 AMOUNT 35,983.50 1,154.13 117.56 798,894.03 14,315.70 39, 863.95 969,902.29 GRAND TOTAL $ 1,822,975.97 INCORpOAATED Warrant Register # 46 5/18/2010 001 GENERAL FUND 104 LIBRARY FUND 105 PARKS MAINTENANCE FUND 108 LIBRARY CAPITAL OUTLAY 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 253 RECREATIONAL ACTIVITIES 282 REIMBURSABLE GRANTS CITYWIDE 290 POLICE DEPT GRANTS 301 GRANT-C.D.B.G. 307 PROPOSITION A" FUND 320 LIBRARY GRANTS 502 SECTION 8 FUND 505 HOME FUND 506 HOME LOAN PROGRAM FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 626 FACILITIES MAINT FUND 627 LIABILITY INS. FUND 628 GENERAL SERVICES FUND 629 INFORMATION SYSTEMS MAINTENANC 630 OFFICE EQUIPMENT DEPRECIATION 631 TELECOMMUNICATIONS REVOLVING 632 GENERAL ACCOUNTING SERVICES 643 MOTOR VEHICLE SVC FUND 644 EQUIPMENT REPLACEMENT RESERVE 724 COBRA/RETIREE INSURANCE 731 CONSTRUCTION AND DEMOLITION DEBRIS 786,280.48 35,426.82 21,668.82 20,868.00 884.70 1,718.36 19,957.04 4,130.31 1,005.58 1,631.20 190,687.46 26, 921.26 2,012.07 1,016.57 8,071.52 1,767.75 1,205.71 9,699.32 42,867.09 7.44 3,351.35 4,951.94 2,346.69 115, 656.76 19,457.69 21, 372.47 2,547.99 48,629.84 150,719.94 6,922.30 55, 720.85 59,716.67 1,887.51 35,127.35 37,204.08 11,225.07 16,219.63 50,123.70 1,411.88 8.56 546.20 1,822,975.97 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 22, 2010 AGENDA ITEM NO. 25 'EM TITLE: Warrant Register #47 for the period of 05/19/10 through 05/25/10 in the amount of $1,415,646.26 PREPARED BY: D. Gallegos DEPARTMENT - PHONE: 619-336-4331 APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 05/19/10 through 05/25/10 The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount Explanation City of San Diego 236468 1,256,612.00 Wastewater Transportation Fees FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $1,415,646.26 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: arrant Register #47 CALIEORNIA «-F 1 of 4 N �Ially INCORPORATED -- WARRANT REGISTER # 47 5/25/2010 Payee Description chk no chk date Amount AFLAC AFLAC ACCOUNT BDM36 MAY 2010 236429 5/25/10 1,950.00 CASTANEDA REFUND OF TWO TIMES PAID 236430 5/25/10 20.00 COUNTY OF SAN DIEGO PARKING CITATION APRIL 2010 236431 5/25/10 10,210.50 DANYA B REFUND OF DUPLICATE PAYMENT 236432 5/25/10 222.00 DEPARTMENT OF INDUSTRIAL REC & PLAYGROUND EQUIPMENT 236433 5/25/10 125.00 DIMENSIONAL FLAGS REFUND OFT &A FILING CHARGE 236434 5/25/10 13.85 FAULKNER THE BULLET PROOF MIND COURSE 236435 5/25/10 99.00 FEDEX FEDEX OVERNIGHT DELIVERY 236436 5/25/10 29.32 GRAVAGNO REFUND OF LICENSE DENIED 236437 5/25/10 50.00 INTERNATIONAL CODE COUNCIL 2009/2010 BUILDING CODE BOOKS 236438 5/25/10 2,178.26 INTERNATIONAL CODE COUNCIL ICC MEMBERSHIP - BI.DG OFFICIAL 236439 5/25/10 180.00 KLOS PRC TI91 ICAC TRAINING 236440 5/25/10 355.50 LEAGUE OF CALIFORNIA CITIES FULL CONFERENCE REGISTRATION 236441 5/25/10 475.00 LEXIS-NEXIS ONLINE CHARGES FOR APRIL 2010 236442 5/25/10 427.38 MACIAS DIRECT DEPOSIT RETURNED 236443 5/25/10 252.03 RCP BLOCK & BRICK 09 IBC SIGNIFICANT CHANGES CLASS 236444 5/25/10 75.00 REGIONAL TRAINING CENTER INSTRUCTOR SYMPOSIUM 2010 236445 5/25/10 48.00 SAN DIEGO MIRAMAR COLLEGE INSTRUCTOR DEV COURSE 236446 5/25/10 65.00 SDCLEEAA EXPLORER ACADEMY ENROLLMENT 236447 5/25/10 3,510.00 SHANAHAN TRAFFIC COLLISION IVESTIGATION 236448 5/25/10 241.80 T'HE STAR NEWS BID ADVERTISEMEN'1 236449 5/25/10 820.00 WENDY ALLEN REFUND OF BLDG PERMIT COST 236450 5/25/10 279.75 WHITE CRIMES AGAINST KIDS SEMINAR 236451 5/25/ 10 163.68 E2 MANAGE TECH INC ENVIRONMENTAL CONSULTING SVCS 236452 5/25/10 1,126.00 FAIR HOUSING COUNCIL OF SD RE1MB-TENANT-LANDLORD ED SVCS 236453 5/25/10 10,588.00 1 2 of 4 NKr' `C, }� C!Tr ats "'ICORPOlt ATS Payee IBARRA ABCANA INDUSTRIES ALCEM FENCE COMPANY INC ALL FRESH PRODUCTS AMERICAN ROTARY BROOM ART D NIELSEN PAINTING INC AI}STIN DOORS BON SUISSE INC BOOT WORLD BROADWAY AUTO ELECTRIC CALIFORNIA BAKING CO. CALIFORNIA COMMERCIAL SECURITY CALIFORNIA ELECTRIC SUPPLY CARQUEST AUTO PARTS CITY OF SAN DIEGO CLEAN HARBORS COOPER'S PLUMBING & IIEAIING COUNTY OF SAN DIEGO DAPPER TIRE COMPANY DATA TICKET INC DION INTERNATIONAL TRUCK INC. DREW FORD ESGIL CORPORATION FLEET SERVICES INC GARDNER & ASSOCIATES WARRANT REGISTER # 47 5/25/2010 Description REIMB - NEIGI IBORWORKS-G. IBARRA POOL CHEMICALS FENCE REPAIRS FOOD FOR NUTRITION CENTER SWEEPER REPAIRS CITY-WIDE PAINTING DOOR REPAIRS MILK/DAIRY DELIVERY FOR NUTRITION MOP 64096 WEARING APPAREL MOP 72447 AUTO PARTS BREAD DELIVERY FOR NUTRITION MOP 45754 AUTO PARTS MOP 45698 ELECTRICAL MATERIAL MOP 47557 AUTO PARTS TRANSP WASTEWATER FEES HAZARDOUS WASTE PICKUP PLUMBING MAINTENANCE MAIL PROCESS SVCS 3/16 - 4/15/10 TIRES FOR CITY FLEET PC PROCESSING - APRIL 2010 KIT/ELBOW MOP 49078 AUTO PARTS CONSULTANT SERVICES FOR BLDG MOP 67804 A11T0 PARTS JUNIOR STICK ON BADGES chk no chk date Amount 236454 5/25/10 1,301.63 236455 5/25/10 1,101.62 236456 5/25/10 2,630.00 236457 5/25/10 2,081.03 236458 5/25/10 370.53 236459 5/25/10 1,590.00 236460 5/25/10 262.50 236461 5/25/10 379.37 236462 5/25/10 125.00 236463 5/25/10 195.75 236464 5/25/10 288.00 236465 5/25/10 19.43 236466 5/25/10 488.54 236467 5/25/10 56.71 236468 5/25/10 1,256,612.00 236469 5/25/10 1,374.34 236470 5/25/10 105.00 236471 5/25/10 3,614.66 236472 5/25/10 2,972.26 236473 5/25/10 2,007.03 236474 5/25/10 272.03 236475 5/25/10 421.59 236476 5/25/10 20,148.20 236477 5/25/10 501.58 236478 5/25/10 1,351.56 2 3 of 4 WARRANT REGISTER # 47 5/25/2010 Payee Description chk no chk date Amount GRAINGER MOP 65179 GAS DETECTOR 236479 5/25/10 250.43 HAMILTON MEATS & PROVISIONS MEAT DELIVERY FOR NUTRITION 236480 5/25/10 441.64 HYDRO-SCAPE PRODUCTS INC. MOP 45720 WATER PIPES 236481 5/25/10 281.96 JOHN DEERE LANDSCAPES MOP 69277 SMALL TOOLS 236482 5/25/10 92.44 KOAZ INC BUSINESS CARDS - COUNCIL. 236483 5/25/10 84.18 LASER SAVER INC MOP 45725 INK CARTRIDGE 236484 5/25/10 93.23 LOPEZ TRANSLATION SVCS ON 05/18/10 236485 5/25/10 210.00 MAN K-9 INC. K9 TRAINING - APRIL 2010 236486 5/25/1 0 800.00 MINUTEMAN PRESS MOP 47939 FORMS - FINANCE 236487 5/25/10 68.08 MORRISON REI.MB - TESTIFYING FOR SB 1039 236488 5/25/10 203.20 MUNICIPAL MAINTENANCE EQUIP RIGHT WINDOW LATCH 236489 5/25/10 127.13 NAPA AUTO PARTS MOP 45735 AUTO PARTS 236490 5/25/10 494.68 NORTH STATE ENVIRONMENTAL HAZARDOUS WASTE DISPOSAL 236491 5/25/10 355.41 PADRE JANITORIAL SUPPLIES INC JANITORIAL SUPPLIES FOR NUTRITION 236492 5/25/10 140.70 PERRY FORD MOP 45703 R&M AUTO EQUIPMENT 236493 5/25/10 81.00 PERVO PAINT CO. MOP 63846 TRAFFIC CONTROL 236494 5/25/10 491.90 PRO BUILD MOP 45707 PLUMBING MATERIALS 236495 5/25/10 78.43 PRO -EDGE KNIFE KNIFE SHARPENING SERVICES 236496 5/25/10 46.00 PRUDENTIAL OVERALL SUPPLY MOP 45742 LAUNDRY SERVICE 236497 5/25/10 401.98 RELIABLE TIRE CO. RECYCLE TIRES 236498 5/25/10 139.50 S & S WELDING GRATES, 25 1/2X 40 3/4 X 2 1/2, BICYCLE 236499 5/25/10 428.03 SAM'S ALIGNMENT SERVICE KYB FRONT STRUTS 236500 5/25/10 700.03 SAN DIEGO BMW MOTORCYCLES R&M CITY VEHICLES 236501 5/25/10 70.61 SAN DIEGO PLASTICS INC. FAB MARINE BRD WHT 1/2" STK 236502 5/25/10 301.81 SAN DIEGO POLICE EQUIPMENT PRODUCT FED/FEDERAI, GOLD MEDAL 236503 5/25/10 3,606.80 3 Payee SDG&E SOUTH COAST EMERGENCY STAPLES ADVANTAGE STRATACOM SWEETW ATER AUTHORITY SYSCO SAN DIEGO THE LIGHTHOUSE INC THE SOHAGI LAW GROUP PLC 1JNI TED RENTALS VALLEY INDUSTRIAL SPECIALTIES VCA MAIN ST ANIMAL HOSPITAL VISTA PAINT WALLACE LABORATORIES WEST GOVERNMENT SERVICES EQUIFAX INFORMATION SVCS GE CAPITAL LAW OFFICES OF DON DETISCH SAN DIEGO CLIPPING SERVICE STAPLES ADVANTAGE THE BANK OF NEW YORK MELLON VERONICA TAM & ASSOCIATES SECTION 8 HAPS PAYMENTS PAYROLL Pay period Start Date Special Payroll '.- <Ncoal. OBNOD WARRANT REGISTER # 47 5/25/2010 Description FACILITIES GAS & ELECTRIC FRONT WINDOW REGULATOR MOP 45704 OFFICE SUPPLIES - FIRE BUSINESS LIC DIVISION -FINANCE FACILITIES DIVISION WATER FOOD FOR NUTRITION CENTER MOP 45726 AUTO PARTS GENERAL PLAN UPDATE GENERALTOR 70-84 KVA MOP 46453 PLUMBING MATERIAL K9 VET CARE MOP 68834 EXTERIOR FLAT - NS AGRICULTURAL SOIL ANALYSIS CHOICEPOINT/CLEAR - APRIL 2010 BACKGROUND/CREDIT CIIECKS - S8 INSTALLMENT FOR COPIER RENTAL CDC V MATCHINSKI NEWS READING/CLIPPING SVCS MOP 45704 BNDR - HOUSING TAX ALLOCATION HOUSING BONDS CONSULTANT AGREEMENT MAR -APR '10 Start Date 5/19/2010 End Date End Date 5/25/2010 Check Date 5/25/2010 4 of 4 chk no chk date 236504 5/25/10 236505 5/25/10 236506 5/25/10 236507 5/25/10 236509 5/25/10 236510 5/25/10 236511 5/25/10 236512 5/25/10 236513 5/25/10 236514 5/25/10 236515 5/25/10 236516 5/25/10 236517 5/25/10 236518 5/25/10 236519 5/25/10 236520 5/25/10 236521 5/25/10 236522 5/25/10 236523 5/25/10 236524 5/25/10 236525 5/25/10 AIP Total Amount 6,854.68 221.08 619.53 941.35 21,662.50 1,572.78 82.14 20,743.90 191.06 582.37 195.10 2,831.92 425.00 400.00 50.22 210.43 517.25 135.50 1,010.58 2,014.00 783.44 $ 1,405,809.43 8,345.73 1,491.10 Grand Total $ 1,415,646.1 4 Warrant Register # 47 5/25/2010 001 GENERAL FUND 45,964.17 105 PARKS MAINTENANCE FUND 466.26 109 GAS TAXES FUND 491.90 111 P.O.S.T. FUND 241.80 115 PARK & REC CAPITAL OUTLAY FUND 820.00 120 PLAN CHECKING REVOLVING FUND 9,939.20 125 SEWER SERVICE FUND 1,257,145.63 131 ASSET FORFEITURE FUND 3,510.00 145 JUVENILE EDUCATION FUND 1,351.56 159 GENERAL PLAN UPDATE RESERVE 20,743.90 166 NUTRITION 5,006.78 172 TRASH RATE STABILIZATION FUND 1,513.84 212 PERSONNEL COMPENSATION FUND 1,491.10 282 REIMBURSABLE GRANTS CITYWIDE 99.00 301 GRANT-C. D. B. G. 10,588.00 502 SECTION 8 FUND 8,912.20 505 HOME FUND 2,085.07 511 TAX INCREMENT FUND 4,821.10 522 LOW/MODERATE HOUSING FUND 2,920.71 626 FACILITIES MAINT FUND 30,453.91 628 GENERAL SERVICES FUND 68.08 632 GENERAL ACCOUNTING SERVICES 29.32 643 MOTOR VEHICLE SVC FUND 6,968.88 725 PLANNING 13.85 Total $ 1,415,646.26 City of National City, California COUNCIL AGENDA STATEMENT •EETING DATE June 22, 2010 AGENDA ITEM NO. 26 ITEM TITLE National City Sales Tax Update —Fourth Quarter. 2009 PREPARED BY Roxanna E. Galvan, Accountant Trainee EXPLANATION DEPARTMENT Jeanette Ladrido, Finance Director x4331 Background The City has an on -going contract with Hinderliter, de Llamas & Associates (HdL Companies) for revenue management. Staff meets with a representative of HdL on a quarterly basis to review sales tax data and trends within the City and statewide. The HdL companies also review National City property tax data and provides an annual report of the Redevelopment project areas. Newsletter Summary National City sales per capita continues to exceed the County and State average. However, sales tax for the fourth quarter of 2009 showed a 7.5% decline in comparison to the same quarter last year. Numerous contributors are responsible for the decline including: the recent business closure of an auto dealer; closure of Mervyn's department store; and the Circuit City closure which caused a major decrease in electronic/appliance stores receipts within the City. Proposition "D," the city's voter -approved local sales tax, generated an additional $2,181,334 in revenue to the city, which was 6.9% less than last year. Local allocations for sales occurring October through December were 6.7% lower than last year's holiday quarter after adjusting for accounting aberrations. Most economists and trade analysts are cautiously optimistic that there will be recovery over the next two or three quarters. Attached is the National City Sales Tax Update for the Fourth quarter sales of 2009. This newsletter is also \ available on the City's website. Environmental Review N/A Financial Statement N/A Approved By: Jean e Ladrido, Finance Director Account No. STAFF RECOMMENDATION Accept and file the newsletter. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below) Resolution No. National City Sales Tax Update —Fourth Quarter 2009 A-200 (9/80) National City In Brief eceipts from National City's fourth quarter sales were 7.5% lower than the same period one year ago. ''.1 ecent business closures of an auto dealer, a department store and an electronics/appliance outlet, com- bined with large retroactive account- ing adjustments that cut returns from automotive leases, were major factors for the overall decline. Pay- 'ent deviations over -stated losses ,om lumber/building materials and some categories of restaurants. q.ecent additions buoyed postings from women apparel and restau- rants with full liquor service. Ac- counting anomalies inflated gains from used car dealers and the fuel/ service station group. Family appar- el benefited by receipt of funds from on -going audit activity. 1 roposition "D," the city's voter -ap- proved local sales tax, generated an additional $2,181 334 in revenue to the city, which was 6.9% less than last year. ',fter accounting anomalies were excluded; taxable sales for all of San Diego County were 5.2% lower over the same period; Southern Cal- ifornia as a whole was down 6.8%. atio Sales Tax Update First Quarter Recant" for Fourth Quarter Sales (Oct -Da 2009) SALES TAX BY MAJOR BUSINESS GROUP $1,200,000 $1,000,000 $800,000 $600.000 $400,000 $200,000 $0 General Consumer Goods Autos and Transportation S4th Quarter 2008 ■ 4th Quarter 2009 II L Restaurants and Hotels TOP 25 PRODUCERS In Alphabetical Order Aeropostale Arco AM PM Bali Honda Acura Mitsubishi & Suzuki Forever XXI Frank Motors Gamestop Highland Arco JC Penney Macys McCune Motors Mossy Nissan Perry Ford Probuild Company Ron Baker Chevrolet lsuzu Ross South Bay Volkswagen Suzuki Target Three Wives Toys R Us Univar Venture Petroleum Victories Secret Wal Mart Wescott Mazda Kia World Fuel Services Fuel and Service Stations Business and Industry Food and Drugs Building and Construction REVENUE COMPARISON Three Quarters - Fiscal Year To Date 2008-09 2009.10 Point -of -Sale County Pool State Pool $9,304,606 1,048,629 $7,884,326' 882,336;, 3,931 7,655 Gross Receipts $10,357,166 $8,774,316 Less Triple Flip* $(2,589,291) $(2,193,579). Gross Trans. Tax $6,655,596 $5,978,434 *Reimbursed front county compensation fund Published by The HdL Companies in Spring 2010 www.hdlcompanies.com 1 888.861.0220 CAM HNt� National City Sales Tax Update California Overall Local allocations for sales occurring October through December were 6,7% lower than last year's holiday quarter after adjusting for accounting aberrations. All regions experienced declines. The largest reductions were in building and construction materials and business equipment and supplies. Shoppers generally' favored discount stores and value oriented apparel to traditional department stores and specialty shops. However, a few high end chains also posted gains. A rise in new car sales was offset by declining revenues from auto leases and continuing drops in sales of RVs, boats and motorcycles. The quarter's largest statewide in- creases were from value oriented fam- ily apparel and from rising service sta- tion prices. Short Term Recovery Projected Most economists and trade analysts are cautiously optmnstic that there will be recovery over the next two or three quarters Stabili>ation of home prices and the recovering stock market have made the still employed more con- fident about making purchases that were avoided during the bottom of the recession. Lower prices have also stretched the discretionary income available to make those purchases. They see banks beginning to lend again while the restocking of depleted inventories is stimulating industrial production. Other factors adding to the optimism are increased demands for American exports, renewed spend- ing on technology and software and a recent uptick in California's entertain- ment industry. The Budget Conundrum There is general agreement that the current recovery is fragile and that California will trail the nation. How- ever, there is sharp disagreement on its durability. Most analysts believe that as long as the current demand for ex- ports continues, the other previously cited factors will sustain a slow recov ery Others argue that a second dip in the recession is likely. They maintain that the current recovery is a "bubble" cre- ated by unsustainable tax cuts, federal stimulus spending, low interest loans and modification programs that mask and only delay inevitable foreclosures. Further, the pending resetting of large numbers of adjustable rate home mortgages and need to refinance $500 billion in commercial loans is being ignored. Until we suffer the conse- quences from those losses they say, the end of federal bailouts will simply send us back into a recession. Both sides express concerns about the suf- ficiency of future job opportunities. Recovery and Sales Tax It will be slow, spotty and uncertain. Gains' from value priced consumer goods, technology, medical focused industries and higher fuel prices are expected. The increase from incen- tive driven car sales should continue for another quarter or two. The outlook for a recovery from build- ing and construction materials remains pessimistic while restaurants and other categories are expected to be flat or decline further. SALES PER CAPITA $8,000 $6,000 $4,000 $2,000 $0 Q4 06 National City Q4 07 County Q4 08 Q4 09 California REVENUE BY BUSINESS GROUP National City This Quarter Cons .Goods 41% Others 8% Bus.,Ind. Fuel B% AutosTrans. 27% Restaurants 10% NATIONAL CITY TOP 15 BUSINESS TYPES Business Type New Motor Vehicle Dealers Discount Dept Stores Family Apparel Service Stations Department Stores Restaurants No Alcohol Specialty Stores Women's Apparel Electronics/Appliance Stores Shoe Stores Lumber/Building Matenals Used Automotive Dealers Heavy Industrial Restaurants Beer And Wine Petroleum Prod/Equipment Total All Accounts County & State Pool Allocation Gross Receipts National City 04'09* Change $609.0 -6.8% 251.4 -1 5% 192.9 8.0% 186.3 6.9% 181.0 -25.7% 179.0 -9.3% 117.8 -7.1% 109.2 31.3% 68.3 -22.6% 60.4 2.0% 54.9 -50.0% 51.7 16.3% 51.1 -7.9% 43.1 -14.3% - CONFIDENTIAL - $2,706.0 313.9 $3,019.8 County Change 2.7% 1.4% 8.4% 4.9% -18.4% -1.6% -2.1 % 4.8% 4.4°A° -2.2% -4.9% -5.3°/° 0.1% -10.7% 6.4% -5.9°% HdL State Change 1.1% 1.8% 9.4% 7.0% -20.9% -2.3% -5.8% -0.1% -2 6% -1.5% -0.4% -1.3% -18.2% -10.0% -22.9% -5.9°% *fn thousands City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 22, 2010 AGENDA ITEM NO. 27 (TEM TITLE PUBLIC HEARING: Confirming the assessment and ordering the levy for the Landscape Maintenance District No. 1 (Mile of Cars) for fiscal year 2010-2011. PREPARED BY Patricia Beard ext 4255 Redevelopment Manager DEPARTMENT Community Development EXPLANATION: On May 18, 2010 the City Council declared its intention to hold a public hearing on June 22, 2010 regarding the annual levy and collection of assessments for the Landscape Maintenance District No. 1 — Mile of Cars. At the May 18th meeting, the City Council initiated the proceedings for said levy and collection of assessments and approved the Annual Engineer's Report which identifies the assessment to be levied and collected and describes the work program to be conducted by the Mile of Cars Landscape Maintenance District. This public hearing is to receive any public comments about the levy and collection of these assessments for fiscal year 2010-11. Should the City Council choose to, it may adopt the resolution confirming the assessment and ordering the levy for the Landscape Maintenance District via a companion agenda item at this evening's meeting. Environmental Review Not applicable. Financial Statement There is no cost to the City for this action. The Landscape Maintenance District pays the cost of District administration. Account No. STAFF RECOMMENDATION Hold the Public Hearing. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS 1. Annual Engineer's Report Resolution No. • • City of National City Landscape Maintenance District No. 1 (Mile of Cars) 2010/11 Fourteenth Amended Engineer's Report May 2010 Submitted by Corporate Office 32605 Temecula, Parkway, Suite 100 Temecula, CA 92592 (800) 676-7516 phone (951) 296-1998 fax Regional Office 870 Market Street, Suite 1223 San Francisco, CA 94102 (800) 434-8349 phone (415) 391-8439 fax CITY OF NATIONAL CITY LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) 1243 National City Blvd National City, CA 91950 Phone - (619) 336-4241 Fax - (619) 336-4239 MAYORJCITY COUNCIL Ron Morrison, Mayor Alejandra Sotelo-Solis, Vice Mayor Francisco Parra, Council Member Rosalie G. prate, Council Member Jess VanDeventer, Council Member AGENCY STAFF Patricia Beard, Redevelopment Manager DISTRICT STAFF Weldon Donaldson, Executive Director NBS Pablo Perez, Project Director Dennis Klingelhofer, Assessment Engineer Brian Brown, Financial Analyst TABLE OF CONTENTS 1. ENGINEER'S LETTER 1-1 2. OVERVIEW 2-1 2.1 Introduction 2-1 2.2 Description of the District Boundaries 2-1 2.3 Description of Improvements 2-1 2.4 Description of Maintenance 2-2 3. ESTIMATE OF COSTS 3-1 4. ASSESSMENT DIAGRAM 4-1 5. ASSESSMENTS 5-1 5.1 Method of Apportionment 5-1 5.2 Annual Escalation Factor 5-2 5.3 Assessment Roll _ 5-3 1. ENGINEER'S LETTER WHEREAS, the City Council of the City of National City (the "City"), State of California, directed NBS Government Finance Group, DBA NBS ("NBS") to prepare and file a report presenting plans and specifications describing the general nature, location and extent of the improvements to be maintained, an estimate of the costs of the maintenance, operations and servicing of the improvements for the City's Landscape Maintenance District No, 1 (Mile of Cars) (the "District") for Fiscal Year 2010/11. The report includes a diagram for the District, showing the area and properties proposed to be assessed, an assessment of the estimated costs of the maintenance, operations and servicing the improvements, and the net amount upon all assessable lots and/or parcels within the District in proportion to the special benefit received and; WHEREAS, the assessment for each parcel is in compliance with the assessment balloting procedures set forth in Section 4 of Article-XIII D of the California Constitution because the District was formed by the consent of the land owners, and the proposed assessment is not proposed to increase by more than the 10% annual increase over the Fiscal Year 2009/10 assessment. NOW THEREFORE, only special benefits are assessed and any general benefits have been separated from the special benefits for purposes of this report The following assessment is made to cover the portion of the estimated costs of maintenance, operation and servicing of said improvements to be paid by the assessable real property within the District in proportion to the special benefit received: SUMMARY OF ASSESSMENT District Landscape Maintenance District No. 1 (Mile of Cars) Fiscal Year 2010111 Actual Assessment`, $149,034.12 I, the undersigned, respectfully submit the enclosed Engineer's Report and, to the best of my knowledge, information and belief, the Engineer's Report, Assessments, and the Assessment Diagram herein have been prepared and computed in accordance with the order of the City Council of the City. City of National City — Landscape Maintenance District No. 1 (Mile of Cars) Prepared by NBS — Fiscal Year 2010/11 1-1 2. OVERVIEW 2.1 Introduction The City has previously formed this maintenance assessment district for the purpose of providing maintenance services to benefit certain parcels in the City. Over the past decade, this District has been levying and collecting special assessments. The District was formed in 1995 and the levies are made pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highway Code (the "Act"). The 2010/11 Fourteenth Amended Engineer's Report (the "Report") describes the District, the annual assessment per parcel for Fiscal Year 2010/11, based on the historical and estimated costs to maintain the improvements and provide the services that benefit parcels within the District. The word "parcel," for the purposes of this Report, refers to an individual property assigned its own Assessor's Parcel Number by the San Diego County Assessor's Office. The San Diego County Auditor -Controller uses Assessor's Parcel Numbers and specific Fund Numbers to identify on the tax roll, properties assessed for special district benefit assessments. Following consideration of public comments at a noticed public hearing, and following review of the Report, the City Council may confirm the Report as submitted, and may order the levy and collection of assessments for Fiscal Year 2010/11. If approved, the assessment information shall be submitted to the County Auditor -Controller, and included on the property tax roll for each benefiting parcel for Fiscal Year 2010/11. 2.2 Description of the District Boundaries The District's improvements are generally along National City Boulevard and bounded by 18"' Street to the north and 33'd Street and Highway 54 to the south. 2.3 Description of Improvements A general description of the works of improvement to be maintained under these proceedings is described as follows but shall not be limited to: 1. Median Improvements • Landscape planting and irrigation • Colored concrete hardscape • Lighting system • Graphic panels, banners and signage • Painted crosswalks • Identification sign at 23id Street and McKinley Avenue $: Frontage Improvements • Improvements to parkways on both sides of National City Boulevard between 18th Street and 33rd Street • Landscape planting and irrigation • Colored concrete sidewalks and mow curbs • Street furniture City of National City — Landscape Maintenance District No. 1 (Mile of Cars) 2_1 Prepared by NBS — Fiscal Year 2010/11 2_4 Description of Maintenance The maintenance of the improvements shall include the furnishing of services and materials for the ordinary and usual maintenance and servicing of the improvements, including but shall not be limited too: 1. General Plant Maintenance • Mowing, trimming, pruning and weeding • Watering, including water usage • Fertilizing • Plant replacement • Periodic skinning of palm trees 2. Maintenance of Irrigation System • Adjustment of timers • Repair/replacement of worn-out, stolen or malfunctioning equipment 3. Periodic restriping of decorative crosswalks 4. Periodic repainting of metal benches and trash receptacles 5. Periodic repainting and repair of light poles, graphic panels, signage and other miscellaneous equipment 6. Maintenance of electrical system • Bulb replacement • Repair/replacement of wom out or malfunctioning equipment • Electrical energy charges 7. Litter removal 8. Trash pick-up 9. Other repairs of damage caused by vandalism and/or traffic accidents City of National City — Landscape Maintenance District No. 1 (Mile of Cars) 2-2 Prepared by NBS — Fiscal Year 2010/11 3. ESTIMATE OF COSTS The cost of servicing, maintaining, repairing and replacing the improvements as described in the Plans and Specifications are summarized in the table below. Estimated expenditures are shown along with the incidental expenses to be funded by the District. It is the intent of the District to establish a Reserve Fund for the District which shall not exceed the estimated costs of maintenance and servicing until December of each fiscal year, or whenever the District expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. The following table summarizes the components that make up the 2010/11 estimate of costs for the District: Description; Cost of annual maintenance: 1. Lawn planting care 2. Median planting care 3. Palm tree maintenance 4. Water usage 5. Refurbishment of graphic panels 6. General maintenance of electrical system 7. Electrical usage 8. Refurbishment of decorative crosswalks 9. Contingencies (1) Median Improvements Frontage improvements $0.00 16,286.00 5,814.00 18,360.00 14,000.00 6,630.00 10,029.58 1,836.00 2;8000 $32,572.00 0.00 5,814.00 18,360.00 0.00 0.00 0.00 1,224.00 2,800.00 Subtotal: $75,755.58 $60,770.00 Incidentals: A. Administration B. Advertising C. Legal Fees D. Engineering E. Consultant Fees F. County Collection Fees $3,150.00 200.00 100.00 700.00 2,201.97 2.30 $3,150.00 200.00 100.00 500.00 2,201.97 2.30 Total Incidentals: $6,354.27 $6,154.27 Total Estimated Annual Cost: $82,109.85 $66,924.27 Surplus or Deficit: $0.00 $0.00 NET ANNUAL ASSESSMENT BY $82,109.85 $66,924.27' :IMPROVEMENT AREA TOTAL ANNUAL ASSESSMENT FOR THE DISTRICT: $149,034.12 (1) The Contingencies Item was increased in Fiscal Year 2009/10 to cover a portion of the replacement of water controllers in the District The water controllers will continue to be replaced over the next 210 3 years as funds allow. Any remaining funds should be held and used to start a Reserve Fund. City of National City — Landscape Maintenance District No. 1 (Mile of Cars) Prepared by NBS — Fiscal Year 2010/11 3-1 4. ASSESSMENT DIAGRAM The Assessment Diagram sets forth (a) the exterior boundaries of the District and (b) the lines of each lot or parcel of land within the District. The Assessment Diagram further identifies each lot or parcel by a distinctive number or letter. For a detailed description of the lines and dimensions of any lot or parcel reference is made to the County Assessor's Map applicable for the next fiscal year, which map shall govem for all details concerning the lines and dimensions of such Tots or parcels. The following pages provide a copy of the Assessment Diagram for the District. City of National City — Landscape Maintenance District No. 1 (Mile of Cars) Prepared by NBS — Fiscal Year 2010111 4-1 run 1n 102 201112E O 10C OW OA" O0 NC COY O NAIIQIA. (11 Mf;•,-- 11AY or 11196 at &PA OTY O• NANONA• a{I RAM CT CAlJFpFAA RECdyCo Y T[ once O 11C SUPOIN ENICWT R• SOtttIS OF TIE OW O NATlQ/M. OTC All1 _DAY CF IRO& are or 444110NAL STATECF oYMONOA aty.(aaot Ott 6 MAMMAL PT RATE of ouraosA nun 1MsDAY• tll1E• Al THE N04R v_._._D•anex AL M Cool �_OF 4YY OF A545SMO1T YID CO.JMM1Y FAA/CE3 EIStMC15 M 114E DYKE Y K OF ME COUNTY NECORCEN OF 11i COUNTY OF SAN CRE =NEE 1ICCV014R COUNTY IF WI MCC/ STATE Or CALIFORNIA AMENDED ASSESSMENT DIAGRAM OF LANDSCAPE MAINTENANCE DISTRICT NO.1(MILE OF CARS) CITY OF NATIONAL. CITY COUNTY OF SAN EGO STATE OF OAL.FOR IIA $FV-SVA-01 F EVI8ED 8-1-98 REVISED 6-11.97 REVISED 8-19-02 F1EV19ED 8-09-03 FEVISED 5-28-O4 SHEET 1 OF 3 SHEETS 1 1 I I l CM, ,a .1ILTAS.YAtSSAA40 9�O .,S PARCEL 4M5 TORE FROFE111�1 LTA, a9 NTT 90144.4 NASLAND ENGINEERING' 1:1 ...t w: w70.A nr..0.. '.un :'Ys.i nw NOTE OFiK *.IAL SHEET SIZE IS' x28' NEE'JC?S,No„O5 f4a AMENDED ASSESSMENT DIAGRAM OF LANDSCAPE MAINTENANCE DIST IICT NO.1 (MILE OF CARS) CITY OF NATIONAL CtrY' COUNTY OF 9AN DIEGO STATE OF CALFORDAA REVISED 8-1-96 REVISED 6-11-97 REVISED 8-19-02 REVISED8-09-03 POSED'S-26-04 e �: _. lo. t=a+a=it SHEET 2 OF 3» 1 NASLAND ENGINEERING >a nr Y.w fw., Ye4, I.IIY.LL lll.N.a.TN NOTE+ ORIGINAL BET SIZE Wx28' NE.JOS No. AMENDED ASSESSMENT DIAGRAM OF LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) an' OF NATIONAL CRY COUNTY OF SAN DEGO STATE OF CAUFORMA ax,18,44X S - E T 3 OF 3 wizen._ REVISED 8-1-96 REVISED 6-11-97 FIEVISED 6-19-02 REVISED 6-09-03 REVISED 5-26-04 NASLAND ENGINEERING NOTE. 01101NAL SIZE 18' x 26' N.E.. JOS t1/410.1W148 5. ASSESSMENTS The actual assessments for Fiscal Year 2010/11, apportioned to each parcel as shown on the latest equalized roll at the County Assessor's office, are listed and submitted as Section 5.3 of this Report. The description of each lot or parcel is part of the records of the County Assessor of the County of San Diego and such records are, by reference, made part of this Report. 5.1 Method of Apportionment The law requires and the statutes provide that assessments, as levied pursuant to the provisions of the Act, must be based on the benefit that the properties receive from the improvements to be maintained. The statute does not specify the method or formula that should be used in any special assessment district proceedings. The responsibility rests with the Assessment Engineer, who is appointed for the purpose of making an analysis of the facts and determining the correct apportionment of the assessment obligation. IDENTIFY THE BENEFIT First, it is necessary to identify the benefit that the improvements to be maintained will render to the properties within the boundaries of the District. The improvements significantly improve the visual appearance of the streetscape, making the Mile of Cars a more enjoyable and desirable location for customers. The special signage and lighting provide a unifying theme, benefiting all of the properties within the District. APPORTIONMENT OF COSTS In further making the analysis, it is necessary that the property owners receive a special and direct benefit distinguished from that of the general public. In this case, an in-depth analysis was made and several factors are being used in the final method and spread of assessment. All of the improvements are intended to be of direct benefit to properties within the District. These improvements require significantly more maintenance than normally provided by the City. It is therefore appropriate that the properties receiving the benefit be assessed for the additional cost. There are generally two categories of improvements to be maintained by the District The median improvements benefit all properties within the District. The improvements to the parkway (referred to herein as Frontage Improvements) benefit those properties which they abut The specific method of spreading the assessment is described below. Median Improvements 1. The total cost for maintenance of the median improvements is apportioned to all parcels in the District based on the frontage of each parcel on National City Boulevard, with the exception of Parcel 26 (APN 562-321-08), which is owned by the City of National City and therefore, is not subject to an assessment, and as otherwise noted below. City of National City -Landscape Maintenance District No. 1 (Mile of Cars) 5-1 Prepared by NBS - Fiscal Year 2010/11 Parcel 32 (APN 562-220-11) has no frontage on National City Boulevard, but ill benefit from the median improvements. This parcel is assessed for median improvements as if it had a frontage of 100 feet. Frontage Improvements 3 The total cost for maintenance of the Frontage Improvements is apportioned to alt parcels in the District except Parcel 26 (APN 562-321-08) and Parcel 32 (APN 562- 220-11), based on frontage of each such parcel on National City Boulevard. The frontage of each parcel is determined from current assessor's maps for the County of San Diego, State of California. All frontage dimensions have been rounded to the nearest foot. 5.2 Annual Escalation Factor The annual assessment to be levied on all properties within the district in any fiscal year shall be subject to an annual escalation of up to 10% based upon actual and anticipated expenditures. The annual assessment shall not exceed the maximum assessment, unless the appropriate Proposition 218 proceedings are conducted by the City to authorize an increase beyond the maximum assessment amount. City of National City — Landscape Maintenance District No. 1 (Mile of Cars) Prepared byNBS — Fiscal Year 2010/11 5-2 5.3 Assessment Roll The proposed assessment roil far Fiscal Year 2010111.for:the Distnctls listed on tf e:iollowing pages: Account ID City o'.. _Mona, City Landscape Maintenance District No 1 (Mile of Cars) Final Detail Report for the 2010/11 Billing Property ID OW 1»fluY'...... MIse;Adjs..: Total 560-203-03.00 560-203.03-00 54,910.53 $(0.01) $4,910,52 560-204-02-00 560-204-02-00 2,362,46 0.00 2,362.46 560-204-04-00 560-204-04-00 3,206.19 (0,01) 3,206.18 560-210-01-00 560-210-01-00 2,109.34 0.00 2,109.34 560-210-04-00 560-210-04-00 2,784,32 0.00 - 2,784.32 560-210-40-00 560-210-40-00 3,560.56 0.00 3,560.56 560-210-41-00 560-210-41-00 843,73 (0.01) 843,72 560-210-42.00 560-210-42-00 506.24 0.00 506,24 560-261-08-00 560-261-08-00 4,55616 0.00 4,556.16 580.271-07-00 560-271-07-00 1,265.60 0.00 1,265.60 560-271-09-00 560.271-09.00 843,73 (0.01) 843.72 560.271-14-00 560-271-14-00 1,603.10 0.00 1,603.10 560-271-15.00 560-271-15-00 1,687.47 (0.01) 1,587,46 560-330-03-00 560-330-03-00 9,972.94 0.00 9,972,94 580.39303-00 560-393-03-00 2,362.46 0.00 2,362.46 550-393-04-00 560-393-04.00 8,099.85 (0.01) 8,099.84 552-021-01-00 562-021-01-00 1,687.47 (0.01) 1,687,46 562-021-07-00 562-021-07-00 2,699.95 (0.01) 2,699,94 562-031-13-00 582-031.13.00 1,856.22 0.00 1,856,22 562-031-14-00 562-031-14-00 2,699.95 (0-01) 2,69994 562-090-06-00 562-090-06.00. 4,556,17 (0.01) 4,556.16 662-100.13.00 562-100-13-00 2,278.08 0,00 2,278.08 562•100.14-00 562-100-14-00 2,278.08 0.00 2,276:08 662-150.13-00 562-150-13-00 3,526.81 (0.01) 3,526.80 682-180-07-00 562-160-07-00 5,082.41 (0.01) 5,082.40 562-180-32-00 562.180-32.00 1,383.72 0,00 1,383.72 562.180.33-00 562.180-33-00 2,143.09 (0.01) 2,143,08 562.220-11-00 562-220-11-00 924.97 (0.01) 924.96 562-220.1300 562-220-13-00 3,881.18 000 3,881,18 562-220.31.00 562-220-31-00 2,615.58 0.00 2,61.5.58 562.220-32-00 562.220-32.00 6,298.65 (0.01) 5,298,64 562.251.37-00 562-251-37-00 3,408.69 (0.01) 3,408,88 562-251-38-00 562-251-38-00 2,818.07 (0.01) 2,818.06 562-252-15-00 562-252-15-00 5,568.65 (0.01) 5,568,64 562-321-07-00 562-321-07-00 3,071.19 (0.01) 3,071,18 562.321.08-00 562-321-08.00 0.00 0.00 0.00 562-330.35-00 582-330-35.00 4,201.80 0.00 4,201.80 562.330.42-00 562-330.42.00 1,282.48 0.00 1,282.48 562-330-43-00 562330-43-00 0.00 0.00 0.00 562-340-09-00 562-340-09-00 5,062.41 (0.01) 5,06240 562.340.47-00 562-340-47-00 2,767,45 (0:01) 2,767,44 562.340-48.00 562.340.48.00 7,357.38 0.00 7,357,36 562-340-49-00 562.340-49.00 4,910,53 (0.01) 4,910.52 562-340-50-00 562-340.50.00 5,062,41 (0.01) 5,062.40 582-340-89-00 562-340-69-00 4,893.66 0.00 4,893.66 Copyright © 1999-2008 NBS Page 1 of 2 5/4/2010 3:37:22PM City of National City Landscape Maintenance District No 1 (Mile of Cars) Final Detail Report for the 2010/11 Billing Account ID Property ID 562-340-70-00 562-340-70-00 5,062.41 (0 01) 8.0*.4a 46 Accounts $149034.12 $4044i 6149,033.88 Copyright© 1999-2008 NBS Page 2 of 2 5/4/2010 3:37:22PM CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 22, 2010 AGENDA ITEM NO. 28 EM TITLE: Public Hearing - To Consider Amending Title 18 of the Municipal Code by Amending Chapters 18.10 (Zones and Zoning Map), Title 18.14 (Residential Zones), 18.16 (Commercial Zones), 18.50 (Fences, Walls, and Hedges), 18.58 (Off -Street Parking and Loading), 18.62 (Signs, and Outdoor Advertising Displays), 18.88 (Mobile Homes), 18.104 (Use Groups), and 18.140 (Mixed Uses) to Provide Standards for the Westside Specific Plan Area. (Applicant: City) (Case File 2007-34 GPA, ZC, SPA, EIR) (Companion Item ) PREPARED BY: Peggy ChapinCk DEPARTMENT: D ent Svcs/Planning. PHONE: 619-336-4319 APPROVED /�! a 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. In order to implement the Westside Specific Plan, changes to Title 18, Land Use Code and the Combined General Plan/Zoning Map are necessary. The Planning Commission reviewed the attached draft ordinance changes and map, recommending approval on June 8, 2010. The attached Background Report summarizes the recommended changes to Title 18 and the Combined General Plan/Zoning Map in order to implement the Westside Specific Plan. 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 Commission and recommends amending Title 18 of the Municipal Code and amending the Combined General Plan/Zoning Map. BOARD / COMMISSION RECOMMENDATION: The Planning Commission voted 5-0, Resolution 13-2010, recommending amending Title 18 and the Combined General Plan/Zoning Map. Ayes: DeLaPaz, Farias, Alvarado, Baca, Pruitt, Reynolds, Flores ATTACHMENTS: 1. Background Report 2. Resolution 13-2010 3. Draft Ordinance changes (with strikeouts/add-ons) Background Report A specific plan for the area known as Westside (or Old Town) was considered by the Planning Commission on March 1, 2010 and approved by the City Council on March 16, 2010. Contained within the Westside Specific Plan are changes to allowable land uses and development standards. Although the specific plan has been approved, an ordinance must be approved and adopted in order to memorialize these changes. The attached draft ordinance changes would provide the zones and standards necessary to implement the Specific Plan. The changes affect various chapters including residential, commercial, fences, parking, signs, and nonconforming uses within the Land Use Code as well as changes the City's land use/zoning map. The General Plan/Land Use Map reflecting the new zones is attached. General Plan Land Use/Zoning Changes The ordinance changes would amend the General Plan Land Use/Zoning Map and implement new zoning designations. The land use designations change from zones contained within Westside area (ML-R, CT-PD, IC -OS) to the following zones: • Residential Single Family-4 (RS-4) • Multi -Use Commercial -Residential (MCR-1) • Multi -Use Commercial -Residential (Smart Growth Center) (MCR-2) • Limited Commercial (CL) • Civic Institutional (IC) • Open Space Reserve (OSR) Single -Family Residential Zone RS-4 The RS-4 zone would apply to the areas noted in yellow on the General Plan/Zoning Map and are generally north of 12th Street and from 15th to 17th Street, between Harding and Hoover Avenues. 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 three story, 35-foot height limitation. Mixed -Use Commercial -Residential Zones MCR-1 and MCR-2 The MCR-1 and MCR-2 mixed use zones would apply to areas bordering the RS-4 residential zone, along Civic Center Drive, south of 18th Street and between Wilson and Hoover Streets. Building heights are limited to three stories and 50 feet for the MCR-1 zone, and five stories and 65 feet within the MCR-2 zone. A mix of residential, commercial, and office uses are permitted 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 are required on the ground floor, and offices and/or housing are required on the upper floors. Limited Commercial Zone CL The CL zone allows for retention of existing single family residential but is primarily for limited commercial, retail, and artisan lofts. The height limit is 50 feet and 3 stories. Civic Institutional Zone The IC zone provides for the existing public facilities such as schools, parks, and municipal buildings such as the community center. Height limits within the zone are limited to 50 feet and three stories. 1 Open Space Reserve OSR The OSR zone is a zone to provide for the conservation of existing open space areas and to allow for other areas in the future to be designated as open space for natural open space areas around Paradise Creek and for passive and active park space. Parking Standards for Mixed -use Residential Off-street parking would be based on unit size rather than bedrooms whereas a dwelling unit of Tess than 1,200 square feet would be provide one space per unit and 1.5 spaces for units over 1,200 square feet. Additionally, 50% of the required parking for a joint residential/commercial use may be shared parking through the discretionary permit process. Tandem parking is permitted for approximately 25% of the required parking for the multi -family residential units. Land Use Matrix — Appendix A The primary purpose of the Westside Specific Plan is to reduce the conflict of industrial uses mixed with residential uses. During the development of the specific plan, a code conformance committee was formed to determine the acceptable land uses. The ordinance includes the list of land uses included as Appendix A (attached) of the specific plan that will become a incorporated within Title 18. Nonconforming Uses Section 18.108 of the land use code allows for conversion of a lawful nonconforming use to another nonconforming use within the same zone. In order to facilitate the discontinuance of uses not determined to be desirable within the Westside Specific Plan, the ability to substitute a legal nonconforming use to another nonconforming use within Westside would not be permitted. Additionally, nonconforming uses located within the Westside plan area may be converted to another use specifically included in the allowable uses for any of the zones identified in Appendix A of the Westside Specific Plan. 2 RESOLUTION NO. 13-2010 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, RECOMMENDING APPROVAL OF AN AMENDMENT TO "TITLE 18 OF THE MUNICIPAL CODE BY AMENDING CHAPTERS 18.10 (ZONES AND ZONING MAP), 18.14 (RESIDENTIAL ZONES), 18.16 (COMMERCIAL ZONES), 18.50 (FENCES, WALLS, AND HEDGES), 18.58 (OFF-STREET PARKING AND LOADING), 18.62 (SIGNS AND OUTDOOR ADVERTISING DISPLAYS), 18.88 MOBILE HOMES, 18.104 (USE GROUPS), AND 18.140 (MIXED USES) TO PROVIDE STANDARDS FOR THE WESTSIDE SPECIFIC PLAN CASE FILE NO. 2007-35 GPA, ZC, SPA, EIR ENVIRONMENTAL IMPACT REPORT SCH. 200871092 APPLICANT: CITY OF NATIONAL CITY. WHEREAS, pursuant to the terms and provisions of the State of California Government Code Section 65853-65857 for amendments to the zoning code and 6500090-65094 related to public hearing notification, proceedings were duly initiated for an amendment to Title 18 of the National City Municipal Code; and, WHEREAS, the Planning Commission of the City of National City, California, considered said proposed amendment as reflected in Exhibit A (attached) at a duly advertised public hearing held on June 7, 2010, at which time the Planning Commission considered evidence; and, WHEREAS, at said public hearing the Planning Commission considered the staff report provided for Case File No. 2007-34 GPA, ZC, SPA, EIR, which is maintained by the City and incorporated herein by reference; along with any other evidence presented at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, this action is taken in an effort to be compliant with applicable State; and, WHEREAS, the action hereby taken is found to be essential for the preservation of the public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Planning Commission of the City of National City, California, that the evidence presented to the Planning Commission at the public hearing held on June 6, 2010, support the following findings: 3 RECOMMENDED FINDINGS FOR APPROVAL OF AN AMENDMENT TO THE GENERAL PLAN LAND USE/ZONING MAP AND AN AMENDMENT TO THE LAND USE CODE TITLE 18 OF THE NATIONAL CTTY MUNICIPAL CODE That the Westside Specific Plan was adopted by the City Council on March 16, 2010, since the plan addressed conflicting land uses created by industrial uses located in close proximity to residential uses resulting in impacts related to noise, traffic, air quality and hazardous materials and the zoning changes would implement the land use changes identified in the plan. . That implementation of the Westside Specific Plan will result in land use changes that preserve residential land uses and encourages multi -family development that would benefit by the community corridors identified in the plan and by the opportunities for multi -modal transit to downtown National City, Kimball Park, City Hall, the library, and the light rail transit station. 3. That the proposed implementing ordinance for the Westside Specific Plan will not have an adverse effect upon adjacent or abutting properties, since the plan approved land use that will result in opportunities for increased residential development and commercial services that is more compatible with the existing industrial uses. That the proposed implementing ordinance for the Westside Specific Plan is deemed essential and desirable to effectively improve the public health and welfare of the conununity, since the proposed Westside Specific Plan will limit new land uses that utilize and store hazardous materials, emit air pollutants, increase noise levels, and overall reduce the quality of life for the residents. The proposed implementing ordinance for the Westside Specific Plan through future development and redevelopment will provide opportunities for new retail services that increase employment and multi -family housing near services and transit. BE IT FURTHER RESOLVED that the Planning Commission has considered the any and all continents received during the public review process, and finds on the basis of the whole record that the reflects the City's independent judgment and analysis, and hereby recommends approval of the amendment to General Plan Land Use/Zoning Map and Title 18 of the National City Municipal Code. 4 BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of June 7, 2010, by the following vote: AYES: Farias, Alvarado, Reynolds, Pruitt, Flores NAYS: ABSENT: ABSTAIN: DeLaPaz, Baca CHAIRMAN 5 DRAFT AMENDMENT LAND USE CODE CHAPTER 18 OF THE MUNICIPAL CODE TO PROVIDE STANDARDS FOR THE WESTSIDE SPECIFIC PLAN CASE FILE 2007-34 GPA, ZC, SPA, EIR Proposed changes and additions to the Land Use Code are noted in bold italics. Deleted sections are noted in strikeout. Chapter 18 Section 1. Chapter 18.10 of the National City Municipal Code is hereby amended by amending Section 18.10.130, to read as follows: Chapter 18.10 ZONES AND ZONING MAP*: 18.10.130 Zones established. In order to classify, regulate, restrict, and segregate the uses of land and buildings, to regulate and restrict the height and bulk of buildings, to regulate the area of yards and other open spaces about buildings, and to regulate the density of population, the followings zone are established, into which the city is divided: Categories (Symbols) RS-1 RS-2 RS-3 RS-4*** RT RM-1 RM-2** RM-3** RMH CT CA CL CM CH Table I RESIDENTIAL ZONES Descriptions Residential Single-family Large Lot Residential Single-family Small Lot Residential Single-family Extendible Residential Single-family Westside Residential Two-family R-2 Residential Multi -family Residential Multi -family Residential Senior Citizen Housing Residential Mobile Horne Park Previous Categories (Symbols) R-1, S-1, R-1-S R-1 None None R-4, R-4-PD* RM-2** RM-2** None COMMERCIAL ZONES Commercial Tourist Commercial Automotive Commercial Limited Commercial Medium Commercial Heavy HBTV(1)PD* TRC-PD*, TCS(1)PD*, TCS-PD* C-2, C-2-A, C-2-PD* C-2, CG C-4, CBS(1)PD* 6 CG Commercial — General C-3-A, C-3-B, C-3-C, CBD CSC Commercial Shopping Center CMSCC-PD* MIXED USE COMMERCIAL — RESIDENTIAL MCR-1 *** MCR-2*** Mixed Use Commercial -Residential - 2 Mixed Use Commercial -Residential — 2 INDUSTRIAL ZONES None None ML Manufacturing — Light M-1, M-2, M-2A, M-3 MM Manufacturing — Medium M-4 Mil Manufacturing — Heavy M-H MT Manufacturing — Tidelands M-4 INSTITUTIONAL AND PUBLIC USE ZONES IC Institutional — Civic None IP Institutional — Private None OSR Open Space Reserve None *AII zoning designations (symbols) shown on the zoning map, heretofore a part of Ordinance 962 as amended, with a "PD" component shall be converted pursuant to Section 18.10.020 to the new designations (symbols) with the "PD" component added. ** Although these zone titles have been used in the past, the current regulations are significantly different (see Section 18.14.200). *** These zoning designations are newly created zones pursuant to and consistent with the Westside Specific Plan adopted on March 16, 2010. Section 2. Chapter 18.14 of the National City Municipal Code is hereby amended by amending the Table of Contents to read as follows: 18.14 RESIDENTIAL ZONES Sections: 18.14.010 Purposes. 18.14.015 Purpose of the single-family estate (RS-E) residential zone. 18.14.020 Purpose of the single-family (RS-1) zone. 18.14.030 Purpose of the single-family (RS-2) zone. 18.14.035 Purpose of the single-family (RS-4) zone. 18.14.037 Purpose of the single-family (RS-2) zone. 18.14.040 Purpose of the two-family (RT) zone. 18.14.050 Purpose of the multifamily (RM-1) residential zone. 18.14.060 Purpose of the multifamily existing (RM-2) zone. 18.14.070 Purpose of the senior citizens' housing zone. 18.14.080 Purposes of the RMH residential mobile home park zone. 18.14.090 Principal uses and structures permitted. 2 7 18.14.092 Number of dwelling units allowed. 18.14.100 Accessory uses and structures permitted. 18.14.101 Accessory uses, conditions thereon. 18.14.110 Roomers and boarders. 18.14.120 Home occupations. 18.14.130 Accessory structures. 18.14.150 Family foster care. 18.14.155 Residential care home. 18.14.160 Prohibited uses and structures. 18.14.170 Use of yards in residential zones. 18.14.180 Uses and structures permitted by conditional use permit. 18.14.190 Design regulations. 18.14.200 Lot area. 18.14.210 Required frontage. 18.14.220 Required yards and setbacks. 18.14.230 Distance of buildings from common lot lines. 18.14.240 Front and side yard requirement variations. 18.14.250 Rear yard requirement variations. 18.14.260 Doors opening beyond lot lines prohibited. 18.14.265 Maximum area of accessory buildings. 18.14.270 Accessory buildings --Setback from side and rear lot lines. 18.14.280 Accessory buildings --Location within setbacks --Restrictions. 18.14.290 Accessory buildings --Setback from front lot line. 18.14.300 Yards and courts in apartment house projects. 18.14.301 Usable open space in multi -family projects. 18.14.302 Usable open space in the RS-3 zone. 18.14.310 Spacing of buildings. 18.14.330 Exceptions based on topography. 18.14.340 Building height. 18.14.350 Building floor area ratio--RM zones. 18.14.360 Building floor area requirements. 18.14.370 Lot coverage--RM zones. 18.14.390 Off-street parking --Minimum requirements. 18.14.400 Off-street parking --Facilities standards--RM zones. 18.14.410 Onsite signs. 18.14.420 Landscaping. 18.14.430 Laundry facilities. 18.14.440 Outdoor lighting. 18.14.450 Pedestrian walkways. 18.14.460 Site drainage. 18.14.470 Storage space. 18.14.480 Enlargement of apartment house projects. 18.14.490 Combining uses. 18.14.500 Exceptions to RS-1 zone design regulations. 18.14.510 Specific uses. 18.14.520 Satellite television antennas. Section 18.14.37 Purpose of the sinxle-family (RS-4) Zone A. The purposes of the RS-4 zone are to: I. Provide for areas of single-family attached and detached homes on minimum lot sizes of 2,500 square feet; and 2. Provide for small lot single-family development within the Westside Specific Plan area. B. The RS-4 zone permits one attached or detached single-family dwelling for each full two - thousand five -hundred square feet of lot area provided there is no more than one single family residence for each 2,500 square feet of lot area. It also allows the continuation of the existing mixture of housing types and encourages infill with single-family zones on vacant properties and where existing parcels may be further subdivided as provided herein. Section 4. Chapter 18.14 of the National City Municipal Code is hereby amended by amending Sections 18.14.090, 18.14.092, 18.14.210, 18.14.220, 18.14.270, 18.14.300, 18.14.340, and 18.14 360 to read as follows: 18.14.090 Principle uses and structures permitted TABLE 11 USE GROUPS PERMITTED IN RESIDENTIAL ZONES Use GroupUse No. Grou p Reference Section RS-1 RS 2 RS 3 RS-4 RS-E RT RM- 1 RM -2 RM -3 RMH 1 Area wide permitted uses 18.04.050 X X X X X X X X X X 2 Area wide conditional uses 18.104.060 C C C ** C C C CC C 3 Animal husbandry 10.104.070 C - _ C 8 Community, cultural and public recreational services 18.104.120 - - - - - - - - - 9 Dwelling, single- family 18. 104.130 X X X X X X X X - X 10 Dwelling, two-family- 18.104.140 - X X X X X 11 Dwelling, multiple- family 18.104.150 - - - - - - X X X 12 Dwelling, mobile home 18.104.160 - - - - C 4 I 29 Public protection facilities 18.104.330 C C C CC C C CC C 33 Signs and outdoor advertising 18.104.370 X X X x X X X X X X 34 Temporary uses 18.104.380 T T T T T T T T T T X Permitted - Not permitted C Conditional use permit required T Temporary use permit required Note: See Section 18.14.200 for minimum lot area requirements_ Existing, lawfully constructed residential uses, including single-family homes, as well as one or more single-family detached dwellings on a lot, duplexes and multifamily dwellings, are also permitted in the RS-3 zone. ** Note: Within the RS-4 zone, existing multi family and duplexes may continue as permitted uses. Existing churches and religious services may continue as permitted uses whereas new churches and religions facilities and expansions to existing churches and religious facilities are permitted pursuant to approval of a Conditional Use Permit. Parks and open space are permitted uses. 18.14.92 Number of dwelling units allowed. The total number of dwelling units allowed is: RS-E 1 RS-1 1 RS-2 1 RS-3 1 for each full 5,000 square feet of lot area (for new development). Also allowed is existing residential development that may be of higher density. However, no additional units may be constructed if they would result in more than 1 per 5,000 square feet of lot area. RS-4 I for each full 2,500 square feet of lot area. RT 2, except that for detached single-family condominium units, a greater number is allowed, as specified by an approved subdivision. RMH Per State Health and Safety Code 18000 et seq. RM 1 1 unit for each full one thousand nine hundred square feet of lot area RM-2 Per existing development 5 10 RM-3 Determined by planned development permit Section 18.14.210 Required frontage. All lots in the residential zones shall have a minimum width of fifty feet and a minimum frontage of fifty feet on a dedicated street, except for the following: A. All lots in the RS-1 zone shall have a minimum width of sixty feet and a minimum frontage of sixty feet, or as provided in subsection A of Section 18.14.5000. B. Except for lots within the RS-4 zone, all residential lots on the bulb of a cul-de-sac shall have a minimum frontage of thirty-six feet. C. All lots within the RS-4 zone shall have a minimum width of twenty-five feet and a minimum frontage on the bulb of a cul-de-sac of fifteen feet and may front on a public or private street, or alleyway. Section 18.14.220 Required yards and setbacks. The minimum required yard setbacks in the residential zones are as follows: TABLE IV Zone Front Yard Side Yard Rear Yard Exterior Side Yard Rear Yard Abutting Alley or Public Park Usable Open Space Required RS-1 25 5 25** 10 20 - RS-2 20 5 25* 10 20 - RS-3 20 5 5 5 5 20 RS-4 10/15*** 3/0*** 15 10 15 - RS-E 25 5 25 10 20 - RT 15 5 10 5 5 - RM-1 20 5 5 5 5 See Section 18.14.300 RM-2 20 5 5 5 5 See Section 18.14.300 RM-3 Determined by planned development permit RMH 25 10 (See Chapter 18.88, Mobile Homes) ee �ecuon t 2S.14.2 (J. ** See Sections 18.14.250 and 18.14.500. ***Stoops and porches may extend into the front yard up to the front property line or in the case of a corner parcel, to the side property line. Garages shall maintain a 15 foot front yard setback. A zero foot minimum side yard, for one -side yard on the parcel is permitted provided there is a six-foot separation to the adjacent structure and that there is a minimum three-foot side yard setback on the opposite side. 6 11 18.14.270 Accessory buildings - Setback from side and rear lot lines. Accessory buildings, including patios, swimming pools, attached carports and attached garages, but excluding detached shall maintain a four -foot setback from the side lot line and rear lot line, except for RS-4 which shall maintain a three-foot setback from the side lot line and rear lot line between structures, but shall not be located in the front yard setback required except as provided by this title. 18.14.300 Yards and courts in multi -family residential projects. Yard courts in apartment house projects shall comply with the following additional regulations: A. Yard courts in apartment house projects shall comply with the following additional regulations. "Court" means the area on the same lot with a building which is bounded on two or more sides by the exterior walls of a building or buildings on the same Iot; 1. Front yards shall be a minimum of fifteen feet when units face a street; side yards shall be a minimum of fifteen feet when units face such yards; rear yards shall be a minimum of fifteen feet when units face such yards. Front yards shall be a minimum of ten feet when units face a street, side yards shall be a minimum of ten feet if adjacent to a single-family residential, multi -family or commercial development. 2. Minimum courts for nine units for more shall be minimum of twenty feet and fifteen feet for eight units or less. B. Yard courts in multi family residential projects within the MCR-1 and MCR-2 shall comply with the following additional regulations: 1. Front yards shall provide a minimum of ten feet when units face a street, side yards shall be a minimum of ten feet between property line and the adjacent structure. [ An additional five feet shall be added to all side yards, rear yards, and courts for each story above the firstfloor. Zero side yards may be allowed when two lots are developed as one wit a common wall separating units. 18.14.340 Building Height. Any building on a lot in any residential zone, except an apartment house project of nine units or more, shall not exceed three stories or thirty-five feet in height, i w ne over �-.,-the 1es er. Excepted there from is any building in the O.D. Arnold Estates Subdivision in which an application for a building permit in excess of one story in height requires a conditional use permit (see Section 18.14.500). Elevators shall be provided for all buildings more than three stories in height. Building height Limits do not apply to signs. The height limit of signs is regulated by the Section 18.62 Signs and Outdoor Advertising Displays of this Chapter. Appendix-A-aftaebed-to41(e-lsslat-ioffal-Gity-haft(I-Use-Cokle. 18.14.360 Building floor area requirements. In all residential zones, the minimum floor area, excluding garages and accessory buildings, shall be as follows: 7 12 Minimum Floor Area, Residential Zones Zone Sq. Ft. RS- I One story, two bedrooms 1,200 One story, three or more bedrooms 1,400 Two stories 1,700 RS-2, RS 3 Minimum unit size 1,000 RS-4 Three stories No Minimum RS-E One story, two bedrooms 1,200 One story, three or more bedrooms 1,400 Two stories 1,700 RT A minimum 500 square feet per dwelling unit, or as listed under the RM zones, whichever is greater RM 1' RM 2 Bachelor unit 500 One -bedroom unit 650 Two -bedroom unit 800 Three -bedroom unit 1,000 Each additional bedroom 150 RM-3 To be determined by planned development permit RMII Subject to State Health and Safety Code Section 18,000 et seq. 18,000 New condominium 1,000 MCR-1 Minimum unit size 600 MCR-2 Minimum unit size 600 Regardless of number of bedrooms Chapter 18.16 Section 5. Chapter 18.16 of the National City Municipal Code is hereby amended by amending Sections 18.16.085, 18.16.090, 18.16.260, 18.16.280, 18.16.310, 18.16.350, and 18.16.390 to read as follows: 8 13 COMMERCIAL ZONES Section 18.16.085 Purposes ofmixed-usecommercial-residential (MCR-I and MCR-2) zones. The purpose of the MCR-1 and MCR-2 zones is to provide an area within the Westside Specific Plan area for either commercial or multi family residential development or a commercial and multi- family development constructed on a single parcel or as components of a single development on a assemblage of parcels. The uses established for MCR-1 and MCR-2 or as listed in Appendix A of the Westside Specific Plan. Section 18.090 Principal uses and structures permitted. The principal uses permitted in the commercial zones are designated by use group. The use groups are collections of individual uses of similar character and are fully described in Chapter 18.104. The use groups permitted in cormnercial zones, except the MCR-1 and MCR-2, are listed in Table V. 18.16.260 Uses and structures permitted by conditional use permit. Use groups which arc indicated in Table V, as set out in Section 18.16.100, and as identified for MCR-1 and MCR-2 in Appendix of the Westside Specific Plan as requiring a conditional use permit shall comply with the provisions of Chapter 18.116 (Conditional Use Pennits). 18.16.280 Design regulations. Design regulations for commercial zones are set out in Sections 18.16.290 through 18.16.370. Additional guidelines and standards for zones MCR-1 and MCR-2are specifically stated in the Westside Specific Plan. For general design and development regulations, see Chapters 18.44 through 18.66 and the City of National City's adopted Design Guidelines. 18.16.310 Required yards and setbacks The minimum required yard setbacks, in feet, in the commercial zones are as follows: TABLE VII Zone Front Yard Side Yard Rear Yard Exterior Side Yard CT 10 0b 0 5 CL l0a 0b 0b l0a CG l0f 0 0 4g CH 5 Oc 0c 5 CM See Notes d and g CA See Note e CSC See Note e MCR-I 10 0 / l0 h 5 10 9 14 MCR-2 10 0 / 10 h 5 10 Notes: a --or same as adjoining R zone, whichever is greater. b--or ten feet if adjoining an RS zone and four feet if adjoining any other R zone. c--or five feet on a dedicated street or when adjoining an R zone. d--as per the Uniform Building Code. e--building coverage shall not exceed eighty percent of the total land area. f--See zoning map 2 attached to the National City Land Use Code for lesser front yard setbacks that are established by specific plan; also sec Section 18.16.400 of this title. g--ten feet on Highland Avenue. h — ten feet if adjacent to a single-family or multi family development without a mixed -use commercial/office. 18.16.350.1 Building height, floor area ratio, and lot coverage. All structures hereafter designed or erected in the commercial zones, including the MCR-1 and MCR-2 zones, and existing buildings which may be reconstructed, altered, moved, or enlarged in the commercial zones, may not exceed the height, floor area ratio (F.A.R.), or lot coverage as indicated in Table VIII for the zone in which the buildings are or may be located. TABLE VIII ZoneHeight (Max.) F.A.R. (Max.) Lot Coverage (Max.) CA 13 stories 1 80 percent CT No limit 1 Reserved CL No limit 1 Reserved CM No limit 3 Reserved CH No limit 2 Reserved CG No limit 6 Reserved CSC 13 stories 4 80 percent. MCR-1 * 3 stories and 50 feet .6 None MCR-1 * 5 stories and 65 feet .6 None *Within the Westside Specific Plan, properties within the C-L zone are limited to thirty-five feet and a F.A.R. of 0.6. 10 15 18.16.390 Screening and landscaping„ A. All required setbacks, excluding driveways, shall be landscaped and maintained in accordance with Chapter 18.54 and the City's adopted Landscape Guidelines. Appe ,d r "Cuidclines f n. its B. When adjoining a residential zone, any commercial use shall be permanently screened from such adjoining property by a wall and suitable landscaping. C. All landscaping, maintenance, construction, or street tree placement within any parkway of the city shall be done in accordance with the provisions of Chapter 13.18 and 18.54 of this code, and the City's adopted Landscape Guidelines. Section 6. Chapter 18.50 of the National City Municipal Code is hereby amended by amending Section 18.50.010 to read as follows: 18.50.010 Fencing Wood fences may be permitted between residential uses. Chain link fencing of minimum nine -gauge wire and three and one-half inch by five inch mesh with two and one-half inch by five -sixteenths inch redwood slats may be used in screening industrial areas provided landscape screening is installed adjacent to the chain link or wrought iron fencing. Concrete decorative or decorative block walls shall be constructed between any residential use and industrial, commercial, or multi -use residential - commercial development to screen the use from the residential use. Within the Westside Specific Plan area, the use of chain link, barbed wire and razor wire fencing shall be prohibited for all new development and/or expansions that increase the building square footage by 20% of the existing gross leased area. Section 7. Chapter 18.58 of the National City Municipal Code is hereby amended by amending Sections 18.58.050, 18.58.240, 18.58.245,18.58.280,18.58.290, 18.58.300, 18.58.345, and 18.58.350 to read as follows: 18.58.050 Increase in intensity of use. A. For the purpose of this section, an increase in the intensity of use of any structure or premises shall mean the addition of dwelling units, employees, gross floor area, seating capacity, or any other unit of measurement specified in this title as a basis for determining required parking and loading facilities. B. When the intensity of use of any structure or premises, excluding single-family detached dwellings, is increased by less than fifty percent, parking and loading facilities shall be provided for the increase but not for any existing deficiency in such facilities. C. When the intensity of use is increased by more than fifty percent, excluding single-family detached dwellings, parking and loading facilities shall be provided for the entire structure or premises. ll. When consecutive increases in intensity of use amount to a total increase of more than fifty percent, parking and loading facilities shall be provided for the entire structure or premises. Consecutive increases shall be figured from the effective date of the National City land Use Code or from the time of the initial construction or establishment, whichever is more recent. E. With the annual renewal of business licenses for all uses mentioned in Sections 18.58.290 and 18.58.300, the city treasurer, when requested by the planning director, shall require the business proprietor to submit a statement showing the total number of employees on the shift of maximum employment anticipated during the next succeeding twelve-month period. 11 16 F. Except for single-family residential parcels within the RS-4 zones, when a single-family detached dwelling is increased or expanded to more than two thousand five hundred square feet of floor area and/or more than four bedrooms, off-street parking facilities shall be provided for the increase but not for any existing deficiency in such facilities. Parking facilities required as a result of this section may be provided in a garage, carport, or surface space. 18.58.240 Schedule of parking requirements --Residential uses. The following is the schedule of off-street parking requirements for residential uses: Housing Units in the Following Zones Off -Street Parking Required RS-1 and RS-E zones 2 spaces in a garage or carport per dwelling unit with 2,500 square feet or less in floor area and 4 or fewer bedrooms. 3 spaces, including 2 spaces in a garage or carport, per dwelling unit with more than 2,500 square feet in floor area, or 2 spaces in a garage or carport plus 1 space per bedroom proposed over 4, whichever is greater. KS-2 and RS 3 zones 2 spaces, including 1 space in a garage or carport, per dwelling unit with 2,500 square feet or less in floor area and 4 or fewer bedrooms. 3 spaces, including 2 spaces in a garage or carport, per dwelling unit with more than 2,500 square feet in floor area, or 2 spaces in a garage or carport plus 1 space per bedroom proposed over 4, whichever is greater. RS-4 zone 2 spaces, including 2 spaces in a garage or carport, per dwelling unit for units with more than 1,200 square feet in floor area, or 1.0 spaces in a garage or carport, per dwelling unit for units with 1,200 square feet or less. RT Zone 1.5 spaces per dwelling unit Exception: A detached home in this zone shall have the same parking requirement as the RS-3 zone. RM-1, KM-2 1.3 spaces per 1-bedroom unit and studio unit, plus I.5 spaces per unit containing 2 or more bedrooms, and conveniently located guest parking of 0.5 spaces per unit for 20 units or less, plus 0.25 spaces for each unit over 20. Half of the required guest parking spaces may include parallel curb parking spaces on dedicated public streets contiguous to the site. Exceptions: A duplex built in this zone shall have the same parking requirement as the RT zone. A detached home in this zone shall have the same parking requirement as the RS-3 zone. RM-3 Planned development permit RMH Two spaces per unit Additional Standards Off -Street Parking Required Boardinghouse and Lodging Houses 1 space per guest room 12 17 Condominiums 2 spaces per dwelling unit and conveniently located guest parking in the numbers as specified above for RM zones. Garages or carports shall be provided for detached condominium homes as required in the applicable zone. (Not applicable to condominium conversions. Refer to Chapter 18.74.) Dormitories and Fraternity or Sorority Houses As required by conditional use permit 18.58.245 Schedule of parking requirements --Mixed use. The following is the schedule of off-street parking requirements for mixed use: Structures and Uses Off -Street Parking Required Except for the MCR-1 and MCR-2 zones, all other Mixed use See Chapter 18.140. MCR-1 and MCR-2 1.5 spaces per dwelling unit for units of more than 1,200 square feet of floor area and 1.0 spaces per dwelling unit for units of 1,200 square feet or less. In addition 5 bicycle parking spaces shall be provided for each 20 dwelling units (minimum 20 dwelling units) 18.58.280 Schedule of parking requirements --Office uses. The following is the schedule of off-street parking requirements for business and commercial uses: Structures and Uses Off -Street Parking Required Administrative, clerical and professional offices, excluding health services, except within the MCR-1 and MCR-2 zones. For those zones see below. First 5,000 sq. ft. 1 space for every 200 sq. ft. of gross floor area* (see 1Jse Group 27, Section 18.104.310, for complete list of uses) 5,000 to 10,000 I space for every 250 sq. ft. of gross floor area* 10,000 to 30,000 1 space for every 300 sq. ft. of gross floor area* 30,000 to 100,000 1 space for every 350 sq. ft. of gross floor area* Over 100 000 1 space for every 400 sq. ft_ of gross floor area* MCR-1 and MCR-2 office and studios uses For each 1,000 sq ft of gross 2.9 spaces 13 18 (Use group 27) leased area * For each building, and these formulas will not accumulate where there is more than one building on the property. 18.58.290 Schedule of parking requirements --Business and commercial uses. The following is the schedule of off-street parking requirements for business and commercial uses. Structures and Uses • Off -Street Parking Required Specifically within MCR-1 and MCR-2 zones 3.6 parking spaces for 1,000 square feet of gross floor area for retail uses, goods and services, and restaurant uses (Use groups 13, 14, 17, 18, and 19) And 1 bicycle rack (minimum 4 bike spaces) for 10% of vehicle parking spaces Automobile and truck repair service establishments 1 space for every 800 square feet, or fraction thereof, of gross floor area, plus 1 space for any amount of vehicles used in conjunction with the business Automobile, truck, boat, camper vehicle, or similar vehicle sales, or rental establishment located in the commercial zones 1 space for each 2 employees of the shifi of maximum employment, plus 1 space for each vehicle used in conjunction with the use Eating places, take-out and drive-thru 1 stall for every 100 square feet of gross floor area, but in no event shall less than 10 parking spaces be provided for such uses Existing commercial shopping centers with multiple uses Existing shopping centers shall be required to maintain the parking ratio which was applied during site plan approval Goods and services (Use Groups 17, 18 and 19) located in individual buildings with a single use 1 space for every 250 square feet of gross floor area Heavy equipment and machinery (Use Group 20) I space for every 2 employees of the shift of maximum employment, or 1 space for every 1,000 square feet of enclosed or covered area, whichever is greater. Hotels and motels I space per guest room, plus one extra parking space for every ten units up to 50. Over 50 units, 1 extra parking space shall be provided for every 20 units New commercial shopping centers with multiple uses I space for every 200 square feet of gross floor area Restaurants, nightclubs, cocktail lounges, bars, and similar establishments for the sale and consumption of food or beverages on the premises 1 space for every 5 fixed seats, plus I space for every 35 square feet of area available for assembly where there are no fixed seats, plus 1 space for each 2 employees on the largest shift. In no event shall less than 10 parking spaces be provided for such uses Shopping centers in the CSC zone 4.5 spaces for every 1,000 square feet of gross leasable floor 14 19 (existing or new construction) area Video tape rental and sale; Laundromat (self-service); barber and beauty shops 1 space for every 100 square feet of gross floor area Warehousing and storage 1 space, plus 1 space for each 2 employees Wholesaling and distribution 4 spaces, plus I space for every 1,000 square feet of gross floor area or fraction thereof over 4,000 square feet 18.58.300 Schedule of parking requirements --Manufacturing and related uses. The following is the schedule of off-street parking requirements for manufacturing and related uses: Structures and Uses Off -Street Parking Required MCR-1 and MCR-2 zones 2.0 spaces for each 1,000 square feet of gross leased area for industrial uses. (Use group 2, 4, and 22) and I bicycle rack (minimum 4 bike spaces) for 10% of vehicle parking spaces All uses in the industrial zones (unless otherwise specified) 1 space for every 500 square feet, or fraction thereof, of gross floor area, plus 1 space for each service vehicle used in conjunction with the business, plus 1 space for visitor parking. Food processing (Use Group15), light manufacturing (Use Group 22), medium manufacturing (Use Group 23), heavy manufacturing (Use Group 24), manufacturing tidelands (Use Group 25), mineral resources extraction and processing (Use Group 26), and research and development (Use Group 31) 1 space for every 800 square feet, or fraction thereof, of gross floor area, plusl space for each service vehicle used in conjunction with the business, plus 1 space for visitor parking. Scrap metal processing 1 space for every 7,000 square feet of yard area or fraction thereof, up to the first 42,000 square feet, plus I space for every 20,000 square feet of yard area, or fraction thereof, in excess of 42,000 square feet. Warehouse and storage 6 spaces, plus 1 space for every 2 employees and I space for visitor parking. Wholesale and distribution 5 spaces, plus 1 space for every 1,000 square feet, or fraction thereof, of gross floor area over 4,000 square feet, plus 1 space for visitor parking. 18.58.345 Dimensions for garage or carport area and openings. A. A one -car garage or carport shall contain an unobstructed interior parking area of a minimum of eleven feet wide by nineteen feet deep. A two -car garage or carport shall contain an unobstructed interior parking area of a minimum of twenty feet wide by nineteen feet deep. B. A garage for more than two cars shall contain additional area consistent with Sections 18.58.310, 18.58.330 and 18.58.340. 15 20 C. A single -car garage door or opening to a single space carport shall be a minimum of eight feet wide; a two -car garage door or opening to a two -space carport shall be a minimum of sixteen feet wide. For larger parking garages or carports serving multifamily residential or nonresidential development, openings shall be provided in accordance with Sections 18.58.330 and 18.58.340. D. A tandem parking garage for two vehicles shall be a minimum of ten feet wide by thirty-eight feet long. A tandem parking space within a parking structure shall be a minimum of 8.5 feet wide by 36 feet long. 18.58.350 Tandem parking. Tandem parking shall not be permitted unless accessed and egress is available to each space without moving the other vehicle, except as follows: Tandem parking spaces are permitted in the RS-4, and MCR-1 and MCR-2 zones and within the CL zone of the Westside Specific Plan. Chapter 18.62 Section 8. Chapter 18.62 of the National City Municipal Code is hereby amended by amending Sections 18.62.030 and 18.62.105 to read as follows: 18.62.30 Definitions. As used in this Chapter, and in addition to the definitions in Chapter 18.04, the following definitions or concepts shall be applicable: A. "Awnings and canopies" are any roof -like covers that project from the wall of a building for the purpose of shielding a doorway or window from the elements. B. "Awning sign" is any sign copy or logo attached to or painted on an awning or canopy. C. "Banner" is any flexible material, such as cloth, plastic, vinyl, paper, cardboard or thin metal, with or without a "message", attached outdoors to a building, structure or mounting device, or attached indoors to a building, structure or mounting device so as to be visible from the exterior of a building, or structure. The term "banner" includes a pennant, flag, or bunting. D. "Bunting" is a form of banner that is typically presented and displayed in a folded or gathered fashion or combination. It may include a display in combination with a flag or banner. Depending on the format of the display, the term may be synonymous with banner. E. "Business premises" refers to specific business occupancy within a building or upon a parcel of land, typically having a specific address and discrete entrance(s) and exit(s) so as to maintain a specific business identity and location. F. "Changeable copy sign" refers to a sign displaying a "message" that is changed by means of moveable letters, slats, lights, light emitting diodes, or moveable background material. G. "Civic event sign" is a temporary sign, other than a commercial sign, posted to advertise a civic event sponsored by a public agency, school, church, civic fraternal organization, or similar noncommercial organization. H. "Convenience sign or directional sign" is a sign that conveys information (e.g. restrooms, no parking, entrance) or minor business identification for directional purposes, and is designed to be viewed by pedestrians and/or motorists. I. "Directional sign" is any individual sign used to provide directions to pedestrians and vehicular traffic. It shall not include a grouping or mosaic of individual signs that are arranged in such a manner as to constitute a larger sign. J "Directory sign" is a sign listing the tenants of a multiple tenant structure or center. K. "Double-faced sign" is a sign constructed to display its message on the outer surfaces of two identical and opposite parallel planes. L. "Flag" is a form of "banner" that is mounted and displayed outdoors on a pole. 16 21 M. "Freestanding sign" means a sign which is permanently supported on the ground by one or more uprights, braces, poles, or other similar structural components that are not attached to any building. This category includes both monument and pole signs. N. "Frontage" when used as a measurement reference of a building or business premises, shall refer to the distance between the two most distant corners of a building measured in a straight line along the building face bordering the adjoining street. See Section 18.04.260 pertaining to frontage when made applicable to a parcel of land. It shall also refer to the elevation of a building that abuts or adjoins a private or public right-of-way or parking lot. O. "Height" means the distance measured vertically from grade to the highest point or portion of the object to be measured or height limited. P. "Illuminated sign" means a sign whose message is made readable by internal or external lights or light emitting diodes, typically during hours of darkness. Q. "Install" or "installation" includes but is not limited to the act by which a sign is constructed or placed on land or a structure, or the act of attaching, painting, printing, producing, or reproducing, or using any other method or process by which a visual message is presented or placed upon a surface. R. "Message" means any form of visual communication presented on any type of media. It is not material whether the communication has any logical, practical, literary, or artistic significance or not. It includes any form or combination of letters, graphics, symbols or designs. The term is not intended to include mono -color paint applied to the exterior, trim, fascia, or other architectural elements of a building for protection against the elements. S. "Monument sign" means a low -profile freestanding sign supported by a structural base or other solid structural features other than support poles and may contain signage on more than one side. T. "Mural" or "mural -type sign" means a sign painted on the exterior wall of a building consisting of graphics or images, either alone or in combination with letters. U. "Off -site" or "off -site sign" refers to a sign or banner that promotes or advertises goods, services or activities located or offered on a business premises or parcel that is separate from the parcel where the sign is located, even if the two sites or parcels are contiguous to each other. V. "On -site" or "on -site sign" refers to a sign or banner that promotes or advertises goods, services, or activity located or offered on the business premises or parcel of property where the sign is located. W. "Outdoors" means a location on undeveloped property or to the exterior of a building or structure. X. "Outdoor advertising" refers to the placement of a message on signs or banners located outdoors, or located indoors in a manner such that the message is visible from the exterior of a building or structure. Y. "Parcels" or "property" or similar references or descriptions shall refer to parcels defined or delineated by assessor parcel numbers maintained by the County tax assessor or as defined by Sections 18.04.476 and 18.04.386 of this Code. Z. "Pedestrian oriented sign" is a small, pedestrian -oriented sign (less than four square feet) that projects perpendicularly from a structure (bracket sign) or is hung beneath a canopy (blade sign). AA. "Pennant" is a banner with three sides. BB. "Permanent sign" means a sign that is solidly attached to a building, structure, or the ground by means of mounting brackets, bolts, welds, or other combination of attachment methods, thereby rendering the sign non -moveable or difficult to reposition without the use of machinery, cutting devices, or mechanical devices. See also "temporary sign." CC. "Pole sign" means a permanently mounted, freestanding sign which is supported above the ground by one or more uprights, braces, poles, or other similar structural components. DD. "Portable sign" is a sign that is not affixed to a structure or the ground (e.g., A -frame or sandwich -board signs). 17 22 EE. "Projecting sign" is a sign that protrudes in a V-shape from the top of the round floor over the sidewalk, like a traditional theater marquee. FF. "Shopping center" shall mean a group of commercial buildings as defined in Section 18.04.596. GG. "Sign" as used in this Chapter 18.62, shall generically refer to any medium through which a message is conveyed which is placed outdoors in any zone or is visible to the exterior of a commercial or industrial building or structure. It shall include a banner and any of the following: 1. Any advertising display defined in Section 9.32.010. 2. Any message painted, printed, or otherwise produced or affixed on or to: a. The exterior of a building or structure; b. A rigid or semi -rigid material or surface, such as wood, metal, or plastic, attached to a building, structure, or pole or which is itself free-standing; or c. An inflatable balloon or other three-dimensional object that is tethered or fastened to a building, structure, pole, or the ground. HH. "Temporary sign" means a sign that is easily moveable and which is not attached to a building, structure, or the ground in such a manner as to be rendered a permanent sign. II. "Visible to the exterior" refers to the placement of a sign or banner within the interior first eight feet of a commercial or industrial building or structure in such a manner so that it or its message is readily visible on an immediately contiguous public right-of-way, parking lot, or parcel_ To be visible does not require that the message be understandable or readable. 18.62.105 A -frame suns —Regulated Freestanding A frame signs shall be permitted within the Westside Specific Plan area, positioned outside of the public right -of --way provided that: 1. The displays are properly maintained; 2. Maximum of one (1) sign may be displayed at a time. 3. The sign shall be limited to five (5) feet in height by three (3) feet in width. 4. The sign shall be limited to two (2) sign faces per sign, back-to-back. 5. There shall be no external or internal illumination. 6. The sign shall not be permanently affixed to any object, structure or the ground, including utility poles, light poles, trees or any merchandise o products displayed outside of buildings. 7. The sign shall be portable, self-supporting, stable, and weighted or constructed to withstand overturning or by wind or contact. 8. The sign shall not be displayed during non -business hours. 9. The sign shall be located directly in front of the building and/or business that it is advertising. 10. The sign shall not be placed in such a way as to interfere with pedestrian and/or vehicular sight lines or corner clear zone requirements as specified by the City. 11. The sign shall into be placed in such a way as to obstruct access to a public sidewalk, public street, driveway, parking space, fire door, fire escape, handicapped access or in such a way that it obstructs free passage over any public right-of-way. 12. The sign shall not obscure or interfere with the effectiveness of nay official notice or public safety device. Chapter 18.88 Section 9. Chapter 18.88 of the National City Municipal Code is hereby amended by amending Section 18.88.010 to read as follows: 18 23 Section 18.88.010 Use as Dwelling — Restrictions. Except within the Westside Specific Plan area, a mobile home shall not he used for living or sleeping purposes except when located in an approved mobile home park. Within the Westside Specific Plan RS-4 zone, a new mobile home or modular home may be installed upon obtaining appropriate building permits and provided that the mobile home or modular unit meets the design guidelines of the Westside Specific Plan and the City's Design Guidelines. Section 10. Chapter 18.104 of the National Ciry Municipal Code is hereby amended by amending Section 18.104 010 to read as follows: 18.104.010 Description. A. A use group is a compilation of land use types having similarities which are compatible with each other and which, when grouped together; enable systematic consideration of location and other regulations, thus accomplishing the purpose(s) of the zones described in this title. B. Chapters 18.14 through 18.20 set forth the regulations for each zone. For each of these chapters there is a table showing the use groups permitted in the zones. Use groups are identified in Sections 18.104.050 through 18.104.410 by number and name and a descriptive statement. An alphabetical listing of typical uses allowed within respective use groups is found in Appendix D of the National City Land Use Code. The use groups with their respective examples of typical uses are found in Appendix B of the National City Land Use Code. Except that specific use groups are identified for the Westside Specific Plan area and are identified in Appendix E of the Land Use Code. Chapter 108 Section I1. Chapter 18.108 of the National City Municipal Code is hereby amended by amending Sections 18.108.03 and, 18.118.100 to read as follows: 18.108.030 Enlargements and alterations. No existing building or premises designed, arranged, intended or devoted to a use not permitted in the zone in which such building or premises is located shall be enlarged, extended, reconstructed or structurally altered, except: A. Work done in any period of twelve months on ordinary structural alterations or replacements of walls, fixtures or plumbing not exceeding twice the building's assessed value, according to the assessment thereof by the county assessor for the fiscal year in which such work is done, shall be permitted. B. These provisions shall not prevent the expansion, increase in capacity, modernization or replacement of such public utility buildings, structures, equipment, and features as are used directly for the delivery of or distribution of the service; provided, however, that all yard requirements of the zone in which the site is located shall be maintained and there shall be no enlargement of the site. C. A single-family detached dwelling may be reconstructed or remodeled in accordance with the standards of the existing structure, i.e., in the same building location on the lot, the same size of the existing structure, and the same height as the existing structure; however, different materials and architectural details may be used. D. A nonconforming use located in the Westside Specific Plan area that substitutes another nonconforming use in compliance with Section 18.108.100, may expand, enlarge, reconstruct or 19 24 structurally alter the footprint of the existing building or structure for that substituted nonconforming use up to twenty percent (20%) within the existing parcel in which it is located, subject to first obtaining a conditional use permit. 18.108.100 Substitution of nonconforming uses. A. A nonconforming use may not be converted to any use except to a specifically permitted use in the zone of the parcel on which it is located; except that conversion of a lawful nonconforming use to a nonconforming use found by the planning commission to be a lawful nonconforming use on another site within the same zone may be allowed where a conditional use peuiut therefore has been approved; provided, that this shall in no way extend the abatement provisions otherwise contained in this chapter. The exception stated in this paragraph of allowing a conversion of a lawful nonconforming use to another nonconforming use within the same zone does not apply to nonconforming uses located within the Westside Specific Plan area. B. Nonconforming uses located within the Westside Specific Plan area. 1. A nonconforming use located on a parcel or parcels located within the Westside Specific Plan may not be converted to any use except to a specifically permitted use in the zone of the parcel or parcels on which it is located, except as follows: a. A nonconforming use may be converted to any use which is specifically permitted in the allowable uses for any of the zones identified in AppendixA of the Westside Specific Plan. 2. A nonconforming use that converts to another nonconforming use from of the Westside Specific Plan may enlarge and alter their footprint to the extent allowed in Section 18.108.030. B. In the CA zone where there exists commercial retail shopping facilities which became nonconforming at the time of the adoption of the National City Land Use Code, such facilities may be continued and may continue to lease commercial retail space to uses typical of such facilities but not otherwise permitted in the CA zone. Chapter 18.140 Section 12. Chapter 18.140 of the National City Municipal Code is hereby amended by amending Sections 18.140.030, 18.140.040, and 18.140.050 to read as follows: MIXED USE Sections 18.140.030 Regulations generally, C. Mixed use shall be permitted within the mixed use commercial -residential (MCR-1 and MCR- 2) with the site plan review approval by the Planning Division in accordance with Chapter 18.128 of this tide. However, a single residence on a lot within the MC-R zones may be permitted with the approval of a building permit, and grading permit, as necessary. 18.140.40 Number of dwellingunits allowed. A. The maximum number of dwelling units which may be permittee in the CT, CG, CM and CH zones shall be limited to one dwelling unit per each full one thousand two hundred fifty square feet of lot area , in the CL zone to one dwelling unit per each full one thousand nine hundred square feet of lot area. (Ord. 2251 § 7,2004; Ord. 1974 § 13 (part), 1989) B. In the MCR-I and MCR-2 zones are, the minimum number of dwelling units for multi family development is 24 dwelling units per acre with a maximum of 60 dwelling units per acre in accordance with Chapter 18.16. 20 25 Section 18.140.050 Design regulations. A. Residential development, and the residential component of a joint commercial/residential development shall be subject to the residential design regulations referenced in the Section 18.14.190 of this title as follows City of National City Design Guidelines (1991) and as follows: 1 Single-family residential use shall be subject to the RS-2 design regulations. 2. Two-family residential use shall be subject to the RT design regulations. 3. Multi -family residential and mixed use commercial -residential shall be subject to the and for the MCR-1 and MCR-2 zones as additionally provided in the Westside Specific Plan (2010). B. Open space requirements for residential multi -family developments in the CL, CT, CG, CM, and CH, as required by Section 18.14.301 except that for the MCR-I and MCR-2 zones a minimum of 300-sgaure feet of common usable open space and 75-feet of private open space shall be provided for each unit over three units. As an alternative for projects incorporating both commercial and residential uses required common open space may be provided as landscaped courtyard areas for passive use, integrated with both commercial and residential components for the development. C. The parking requirements for residential development in the CT, CL and CG zones shall be as follows:: 1. RS-2 parking requirements for one detached residence; 2. RT parking requirements for two attached units; 3. RS-3 parking requirements for two or more detached units; 4. RM-1 parking requirements for multi -family residential use. D. The following parking requirements shall apply for mixed -use development in the CT, Cl, and CG zone: 1. The parking requirements for mixed -use development shall be the sum of the requirements of the individual uses. Up to one-half of the required guest parking may be provided by the commercial parking facility. Where there is an alley adjacent or abutting the property, access to the residential parking facility shall be solely from that alley and the residential parking facility shall be adjacent to that alley where appropriate to avoid access to commercial collector or arterial streets. 2. The parking facility shall be designed and arranged to provide separation between the commercial and residential parking areas, and each parking area shall be designated. Residential parking shall be signed or marked to restrict commercial use. 3. Parking shall be also provided in accordance with Chapter 18.58. D. Within the MCR-1 and MCR-2 the following parking requirements shall apply: 1. The parking requirements in mixed -use development in the MCR-1 and MCR-2 zones shall include 1.7 parking spaces for each dwelling unit of less than or equal to 1,200 square feet and 2.0 parking spaces for each dwelling unit of more than 1,200 square feet. Shared parking may be considered where 50% of the parking may be shared between daytime uses (commercial and office) and nighttime uses (residential). 2. Joint parking arrangements may be developed on -site or within a off -site parking lot or parking structure located within 500 feet of the property line of the development 3. A maximum of 25% of multi family development may be provided with tandem parking spaces in accordance with Chapter 18.58. E. A comprehensive sign program shall be included with any conditional use permit application for a mixed use development or within any site plan review permit F. Exceptions to the design regulations listed or referenced in this section may be granted in conjunction with the required conditional use pennit or site plan review application if consistent with the general plan. 21 26 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 22, 2010 AGENDA ITEM NO, 29 EM TITLE: An Ordinance of the City Council of the City of National City Amending Title 18 of the Municipal Code by Amending Chapters 18.10 (Zones and Zoning Map), Title 18.14 (Residential Zones), 18.16 (Commercial Zones), 18.50 (Fences, Walls, and Hedges), 18.58 (Off -Street Parking and Loading), 18.62 (Signs, and Outdoor Advertising Displays), 18.88 (Mobile Homes), 18.104 (Use Groups), and 18.140 (Mixed Uses) to Provide Standards for the Westside Specific Plan Area. (Applicant: City) (Case File 2007-34 GPA, ZC, SPA, EIR) (Companion Item ) PREPARED BY: Peggy Chapin 14)C----- DEPARTMENT: D o m t Svcs/Planning. PHONE: 619-336-4319 APPROVED- • EXPLANATION: The City Council conducted a public hearing adopting the Westside Specific Plan on March 16, 2010. In order to implement the Specific Plan, an ordinance is necessary to amend Title 18 and the Combined General Plan/Zoning Map. The Planning Commission considered the amendments and map changes on June 7, 2010 and recommended approval. The attached Ordinance and Appendix A provides the specific language to Title 18 of the Land Use Code to incorporate the zoning designations and development standards. The attached map reflects the changes to the Westside Specific Plan and also includes prior approved amendments that were not reflected on the map. 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 Commission and recommends amending Title 18 of the Municipal Code and amending the Combined General Plan/Zoning Map. BOARD / COMMISSION RECOMMENDATION: The Planning Commission voted 5-0, Resolution 13-2010, recommending amending Title 18 and the Combined General Plan/Zoning Map. Ayes: DeLaPaz, Farias, Alvarado, Baca, Pruitt, Reynolds, Flores ATTACHMENTS: 1. Ordinance 2. Appendix A, Land Use Matrix 3. Combined General Plan/Land Use Map ORDINANCE NO. 2010 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 18 OF THE MUNICIPAL CODE BY AMENDING CHAPTERS 18.10 (ZONES AND ZONING MAP), 18.14 (RESIDENTIAL ZONES), 18.16 (COMMERCIAL ZONES), 18.50 (FENCES, WALLS, AND HEDGES), 18.58 (OFF-STREET PARKING AND LOADING), 18.62 (SIGNS AND OUTDOOR ADVERTISING DISPLAYS), 18.88 (MOBILE HOMES), 18.104 (USE GROUPS), AND 18.140 (MIXED USES) TO PROVIDE STANDARDS IMPLEMENTING THE APPROVED WESTSIDE SPECIFIC PLAN BE IT ORDAINED by the City Council of the City of National City that the National City Municipal Code is amended by amending Title 18 as follows: Section 1. Chapter 18.10 of the National City Municipal Code is hereby amended by amending Section 18.10.130, to read as follows: 18.10.130 Zones established. In order to classify, regulate, restrict, and segregate the uses of land and buildings, to regulate and restrict the height and bulk of buildings, to regulate the area of yards and other open spaces about buildings, and to regulate the density of population, the followings zone are established, into which the city is divided: TABLE I* RESIDENTIAL ZONES Categories (Symbols) R S-1 RS-2 RS-3 RS-4*** RT RM-1 R M-2** RM-3** RMH Descriptions Residential Single-family Large Lot Residential Single-family Small Lot Residential Single-family Extendible Residential Single-family Residential Two-family Residential Multi -family Residential Multi -family Residential Senior Citizen Housing Residential Mobile Home Park COMMERCIAL ZONES CT CA CL CM CH CG CSC Commercial Commercial Commercial Commercial Commercial Commercial Commercial Tourist Automotive Limited Medium Heavy — General Shopping Center Previous Categories (Symbols) R-1, S-1, R-1-S R-1 None None R-2 R -4, R-4-PD* RM-2** RM-2** None HBTV(1)PD* TRC-PD*, TCS(1)PD*, TCS-PD* C-2, C-2-A, C-2-PD* C-2, CG C-4, CBS(1)PD* C-3-A, C-3-B, C-3-C, CBD CMSCC-PD* MIXED USE COMMERCIAL — RESIDENTIAL MCR-1 *** Mixed Use Commercial -Residential - 2 None MCR-2*** Mixed Use Commercial -Residential — 2 None INDUSTRIAL ZONES ML Manufacturing — Light M-1, M-2, M-2A, M-3 MM Manufacturing — Medium M-4 MH Manufacturing — Heavy M-H MT Manufacturing — Tidelands M-4 INSTITUTIONAL AND PUBLIC USE ZONES IC Institutional — Civic None IP Institutional — Private None OSR Open Space Reserve None * All zoning designations (symbols) shown on the zoning map, heretofore a part of Ordinance 962 as amended, with a "PD" component shall be converted pursuant to Section 18.10.020 to the new designations (symbols) with the "PD" component added. ** Although these zone titles have been used in the past, the current regulations are significantly different (see Section 18.14.200). *** These zoning designations are newly created ones pursuant to and consistent with the Westside Specific Plan adopted on March 16, 2010. Section 2. Chapter 18.14 of the National City Municipal Code is hereby amended by amending the Table of Contents to read as follows: Chapter 18.14 RESIDENTIAL ZONES Sections: 18.14.010 Purposes. 18.14.015 Purpose of the single-family estate (RS-E) residential zone. 18.14.020 Purpose of the single-family (RS-1) zone. 18.14.030 Purpose of the single-family (RS-2) zone. 18.14.035 Purpose of the single-family extendable (RS-4) zone. 18.14.037 Purpose of the single-family (RS-2) zone. 18.14.040 Purpose of the two-family (RT) zone. 18.14.050 Purpose of the multifamily (RM-1) residential zone. 18.14.060 Purpose of the multifamily existing (RM-2) zone. 18.14.070 Purpose of the senior citizens' housing zone. 18.14.080 Purposes of the RMH residential mobile home park zone. 18.14.090 Principal uses and structures permitted. 18.14.092 Number of dwelling units allowed. 18.14.100 Accessory uses and structures permitted. 18.14.101 Accessory uses, conditions thereon. 18.14.110 Roomers and boarders. Ordinance No. 2010 — 2 Amending Title 18 Westside Specific Plan Standards 18.14.120 Home occupations. 18.14.130 Accessory structures. 18.14.150 Family foster care. 18.14.155 Residential care home. 18.14.160 Prohibited uses and structures. 18.14.170 Use of yards in residential zones. 18.14.180 Uses and structures permitted by conditional use permit. 18.14.190 Design regulations. 18.14.200 Lot area. 18.14.210 Required frontage. 18.14.220 Required yards and setbacks. 18.14.230 Distance of buildings from common lot lines. 18.14.240 Front and side yard requirement variations. 18.14.250 Rear yard requirement variations. 18.14.260 Doors opening beyond lot lines prohibited. 18.14.265 Maximum area of accessory buildings. 18.14.270 Accessory buildings --Setback from side and rear lot lines. 18.14.280 Accessory buildings --Location within setbacks --Restrictions. 18.14.290 Accessory buildings --Setback from front lot line. 18.14.300 Yards and courts in apartment house projects. 18.14.301 Usable open space in multi -family projects. 18.14.302 Usable open space in the RS-3 zone. 18.14.310 Spacing of buildings. 18.14.330 Exceptions based on topography. 18.14.340 Building height. 18.14.350 Building floor area ratio--RM zones. 18.14.360 Building floor area requirements. 18.14.370 Lot coverage--RM zones. 18.14.390 Off-street parking --Minimum requirements. 18.14.400 Off-street parking --Facilities standards--RM zones. 18.14.410 Onsite signs. 18.14.420 Landscaping. 18.14.430 Laundry facilities. 18.14.440 Outdoor lighting. 18.14.450 Pedestrian walkways. 18.14.460 Site drainage. 18.14.470 Storage space. 18.14.480 Enlargement of apartment house projects. 18.14.490 Combining uses. 18.14.500 Exceptions to RS-1 zone design regulations. 18.14.510 Specific uses. 18.14.520 Satellite television antennas. Ordinance No. 2010 — 3 Amending Title 18 Westside Specific Plan Standards Section 3. Chapter 18.14 of the National City Municipal Code is hereby amended by adding Section 18.14.037 to read as follows: 18.14.037 Purpose of the single-family (RS-4) Zone. A. The purposes of the RS-4 zone are to: 1. Provide for areas of single-family attached and detached homes on minimum lot sizes of 2,500 square feet; and 2. Provide for small lot single-family development within the Westside Specific Plan area. B. The RS-4 zone permits one attached or detached single-family dwelling for each full two -thousand five -hundred square feet of lot area provided there is no more than one single family residence for each 2,500 square feet of lot area. It also allows the continuation of the existing mixture of housing types and encourages infill with single-family zones on vacant properties and where existing parcels may be further subdivided as provided herein. Section 4. Chapter 18.14 of the National City Municipal Code is hereby amended by amending Sections 18.14.090, 18.14.092, 18.14.210, 18.14.220, 18.14.270, 18.14.300, 18.14.340, and 18.14.360 to read as follows: 18.14.090 Principle uses and structures permitted. TABLE II USE GROUPS PERMITTED IN RESIDENTIAL ZONES Use Group No. Use Group Reference Section RS-1 RS-2 RS-3 RS-4 RS-E RT RM-1 RM-2 RM-3 RMH 1 Areawide permitted uses2 18.04.050 X X X X X X X X X X Areawide conditional uses 18.104.060 C C C ** C C C C C C 3 Animal husbandry 10.104.070 C - - C - - - - - 8 Community, cultural and public recreational services 18.104.120 - - - X - - 9 Dwelling, single- family 18.104.130 X X X X X X X X X 10 Dwelling, two-family 18.104.140 _ _ - - X X X X X 11 Dwelling, multiple -family 18.104.150 _ _ - - - X X X 12 Dwelling, mobile home 18.104.160 - - - - - - C Ordinance No. 2010 — 4 Amending Title 18 Westside Specific Plan Standards 29 Public protection facilities 18.104.330 C C C C C C C C C C 33 Signs and outdoor advertising 18.104.370 X X X X X X X X X X 34 Temporary uses 18.104.380 TT T T T T T T T T X Permitted - Not permitted C Conditional use permit required Note: See Section 18.14.200 for minimum lot area requirements. Existing, lawfully constructed residential uses, including single-family homes, as well as one or more single-family detached dwellings on a lot, duplexes and multifamily dwellings, are also permitted in the RS-3 zone. ** Note: Within the RS-4 zone, existing multi -family and duplexes may continue as a permitted use. Existing Churches and religious services may continue as a permitted use whereas new churches and religious facilities and expansions to existing churches and religious facilities are permitted pursuant to approval of a Conditional Use Permit. Parks and open space are permitted uses. 18.14.092 Number of dwelling units allowed. The total number of dwelling units allowed is: RS-E 1 RS-1 1 RS-2 1 RS-3 1 for each full 5,000 square feet of lot area (for new development). Also allowed is existing residential development that may be of higher density. However, no additional units may be constructed if they would result in more than 1 per 5,000 square feet of lot area. RS-4 1 for each full 2,500 square feet of lot area. RT 2, except that for detached single-family condominium units, a greater number is allowed, as specified by an approved subdivision. RMH Per State Health and Safety Code 18000 et seq. RM-1 1 unit for each full one thousand nine hundred square feet of lot area RM-2 Per existing development - RM-3 Determined by planned development permit Section 18.14.210 Required frontage. All lots in the residential zones shall have a minimum width of fifty feet and a minimum frontage of fifty feet on a dedicated street, except for the following: A. All lots in the RS-1 zone shall have a minimum width of sixty feet and a minimum frontage of sixty feet, or as provided in subsection A of Section 18.14.5000. Ordinance No. 2010 — 5 Amending Title 18 Westside Specific Plan Standards B. All residential lots on the bulb of a cul-de-sac shall have a minimum frontage of thirty-six feet. Except for those parcels within the RS-4 zone, a minimum lot frontage of twenty- five feet is required. C. All lots within the RS-4 zone shall have a minimum width of twenty-five feet and a minimum frontage on the bulb of a cul-de-sac of fifteen feet and may front on a public or private street, or alleyway. Section 18.14.220 Required yards and setbacks. The minimum required yard setbacks in the residential zones are as follows: TABLE IV TABLE INSET: Zone Front Yard Side Yard Rear Yard Exterior Side Yard Rear Yard Abutting Alley or Public Park Usable Open Space Require RS-1 25 5 25** 10 20 - RS-2 20 5 25* 10 20 - RS-3 20 5 5 5 5 20 RS-4 10/15*** 3/0*** 15 10 15 - RS-E 25 5 25 10 20 - RT 15 5 10 5 5 - RM-1 20 5 5 5 5 See Section 18.14.300 RM-2 20 5 5 5 5 See Section 18.14.300 RM-3 Determined by planned development permit RMH 25 10 (See Chapter 18.88, Mobile Homes) See Section 18.14.250. ** See Sections 18.14.250 and 18.14.500. *** Stoops and porches may extend into the front yard up to the front property line or in the case of a corner parcel, to the side property line. Garages shall maintain a 15-foot front yard setback. A zero foot minimum side yard, for one -side yard on the parcel is permitted provided there is a six-foot separation to the adjacent residential structure and that there is a minimum three-foot side yard setback on the opposite side. 18.14.270 Accessory buildings — Setback from side and rear lot lines. Accessory buildings, including patios, swimming pools, attached carports and attached garages shall maintain a four - foot setback from the side lot line and rear lot line, except for RS-4 which shall maintain a three- foot setback from the side lot line and the rear lot line and a minimum of six feet between structures, but shall not be located in the front yard setback required except as provided by this title. Ordinance No. 2010 — 6 Amending Title 18 Westside Specific Plan Standards 18.14.300 Yards and courts in multi -family residential projects. A. Yard courts in multi -family residential projects shall comply with the following additional regulations. "Court" means an area on the same lot with a building which is bounded on two or more sides by the exterior walls of a building or buildings on the same lot. These requirements do not apply for development within the MCR-1 and MCRO2 zones: 1. Front yards shall be a minimum of fifteen feet when units face a street; side yards shall be a minimum of fifteen feet when units face such yards; rear yards shall be a minimum of fifteen feet when units face such yards. Front yards shall be a minimum of ten feet when units face a street, side yards shall be a minimum of ten feet if adjacent to a single-family residential, multi -family or commercial development. 2. Minimum courts for nine units or more shall be a minimum of twenty feet and fifteen feet for eight units or less. B. Yard courts in multi -family residential projects within the MCR-1 and MCR-2 shall comply with the following additional regulations: 1. Front yards shall provide a minimum of ten feet when units face a street, side yards shall be a minimum of ten feet between property line and the adjacent structure. C. An additional five feet shall be added to all side yards, rear yards and courts for each story above the first floor. Zero side yards may be allowed when two lots are developed as one with a common wall separating units. 18.14.340 Building height. Any building on a lot in any residential zone, except multi -family residential project shall not exceed three stories or thirty-five feet in height. The height provision does not apply to any structure in the O.D. Arnold Estates Subdivision in which an application for a building permit in excess of one story (see Section 18.14.500). Building height limits do not apply to signs. The height limit of signs is regulated by the Section 18.62 (Signs and Outdoor Advertising Displays) of this Chapter. 18.14.360 Building floor area requirements. In all residential zones, the minimum floor area, excluding garages and accessory buildings, shall be as follows: Minimum Floor Area, Residential Zones Zone Minimum Sq. Ft RS-1 One story, two bedrooms 1,200 One story, three or more bedrooms 1,400 Two stories 1,700 RS-2, RS-3 Minimum unit size 1,000 RS-4 Three stories No minimum RS-E One story, two bedrooms 1,200 One story, three or more bedrooms 1,400 Two stories 1,700 RT A minimum 500 square feet per dwelling unit, or as listed under the RM zones, whichever is greater Ordinance No. 2010 — 7 Amending Title 18 Westside Specific Plan Standards RM-1, RM-2 Bachelor unit 500 One -bedroom unit 650 Two -bedroom unit 800 Three -bedroom unit 1,000 Each additional bedroom 150 RM-3 To be determined by planned development permit RMH Subject to State Health and Safety Code Section 18,000 et seq. 18,000 New condominium 1,000 MCR-1 Minimum unit size 600 MCR-2 Minimum unit size 600 Regardless of number of bedrooms Section 5. Chapter 18.16 of the National City Municipal Code is hereby amended by amending Sections 18.16.085, 18.16.090, 18.16.260, 18.16.280, 18.16.310, 18.16.350, and 18.16.390 to read as follows: 18.16.085 Purposes of mixed -use commercial -residential (MCR-1 and MCR-2) zones. The purpose of the MCR-1 and MCR-2 zones is to provide an area within the Westside Specific Plan area for either commercial or multi -family residential development or a commercial and multi- family development constructed on a single parcel or as components of a single development on a assemblage of parcels. The uses established for MCR-1 and MCR-2 are listed in Appendix A of this Title. 18.16.090 Principal uses and structures permitted. The principal uses permitted in the commercial zones are designated by use group. The use groups are collections of individual uses of similar character and are fully described in Chapter 18.104. The use groups permitted in commercial zones are listed in Table V. Table V does not apply to the MCR-1 and MCR-2. MCR-1 and MCR-2 land uses are listed in Appendix A. 18.16.260 Uses and structures permitted by conditional use permit. Use groups which are indicated in Table V, as set out in Section 18.16.100, and as identified for MCR-1 and MCR-2 in Appendix A as requiring a conditional use permit shall comply with the provisions of Chapter 18.116 (Conditional Use Permits). 18.16.280 Design regulations. Design regulations for commercial zones are set out in Sections 18.16.290 through 18.16.370. Additional guidelines and standards for zones MCR-1 and MCR-2 are specifically stated in the Westside Specific Plan. For general design and development regulations, see Chapters 18.44 through 18.66 and the City of National City's adopted Design Guidelines. Ordinance No. 2010 — 8 Amending Title 18 Westside Specific Plan Standards 18.16.310 Required yards and setbacks. The minimum required yard setbacks, in feet, in the commercial zones are as follows: TABLE VII Zone Front Yard Side Yard Rear Yard Exterior Side Yard CT 10 0 b 0 5 CL 10a 0b 0b 10a CG 10f 0 0 4g CH 5 0c 0c 5 CM See Notes d and g CA See Note e CSC See Note e MCR-1 10 0 / 10 h 5 10 MCR-2 10 0 / 10 h 5 10 Notes: a --or same as adjoining R zone, whichever is greater. b--or ten feet if adjoining an RS zone and four feet if adjoining any other R zone. c--or five feet on a dedicated street or when adjoining an R zone. d--as per the Uniform Building Code. e--building coverage shall not exceed eighty percent of the total land area. f--See zoning map 2 attached to the National City Land Use Code for lesser front yard setbacks that are established by specific plan; also see Section 18.16.400 of this title. g--ten feet on Highland Avenue. h — ten feet if adjacent to a single-family or multi -family development without a mixed - use commercial/office. 18.16.350 Building height, floor area ratio, and lot coverage. All structures hereafter designed or erected in the commercial zones, including the MCR-1 and MCR-2 zones, and existing buildings which may be reconstructed, altered, moved, or enlarged in the commercial zones, may not exceed the height, floor area ratio (F.A.R.), or lot coverage as indicated in Table VIII for the zone in which the buildings are or may be located. Ordinance No. 2010 — 9 Amending Title 18 Westside Specific Plan Standards TABLE VIII Zone Height (Max.) F.A.R. (Max.) Lot Coverage (Max.) CA 13 stories 1 80 percent CT No limit 1 Reserved CL* No limit 1 Reserved CM No limit 3 Reserved CH No limit 2 Reserved CG No limit 6 Reserved CSC 13 stories 4 80 percent. MCR-1 3 stories and 50 feet .6 None MCR-1 5 stories and 65 feet .6 None * Within the Westside Specific Plan, properties within the C-L zone are limited to thirty-five feet and a F.A.R. of .6. 18.16.390 Screening and landscaping. A. All required setbacks, excluding driveways, shall be landscaped and maintained in accordance with Chapter 18.54 and the City's adopted Landscape Guidelines. B. When adjoining a residential zone, any commercial use shall be permanently screened from such adjoining property by a wall and suitable landscaping. C. All landscaping, maintenance, construction, or street tree placement within any parkway of the city shall be done in accordance with the provisions of Chapters 13.18 and 18.54, and the City's adopted Landscape Guidelines of this Code. Section 6. Chapter 18.50 of the National City Municipal Code is hereby amended by amending Section 18.50.010 to read as follows: 18.50.010 Wood fences prohibited where. Wood fences may be permitted between residential uses. Chain link fencing of minimum nine -gauge wire and three and one-half inch by five inch mesh with two and one-half inch by five -sixteenths inch redwood slats may be used in screening industrial areas provided landscape screening is installed adjacent to the chain link or wrought iron fencing. Concrete decorative or decorative block walls shall be constructed between any residential use and industrial, commercial, or multi -use residential -commercial development to screen the use from the residential use. Within the Westside Specific Plan area, the use of chain link, barbed wire and razor wire fencing shall be prohibited for all new development and/or expansions that increase the building square footage by 20% of the existing gross leased area. Section 7. Chapter 18.58 of the National City Municipal Code is hereby amended by amending Sections 18.58.050, 18.58.240, 18.58.245, 18.58.280, 18.58.290, 18.58.300, 18.58.345, and 18.58.350 to read as follows: Ordinance No. 2010 — 10 Amending Title 18 Westside Specific Plan Standards 18.58.050 Increase in intensity of use. A. For the purpose of this section, an increase in the intensity of use of any structure or premises shall mean the addition of dwelling units, employees, gross floor area, seating capacity, or any other unit of measurement specified in this title as a basis for determining required parking and loading facilities. B. When the intensity of use of any structure or premises, excluding single-family detached dwellings, is increased by Tess than fifty percent, parking and loading facilities shall be provided for the increase but not for any existing deficiency in such facilities. C. When the intensity of use is increased by more than fifty percent, excluding single-family detached dwellings, parking and loading facilities shall be provided for the entire structure or premises. D. When consecutive increases in intensity of use amount to a total increase of more than fifty percent, parking and loading facilities shall be provided for the entire structure or premises. Consecutive increases shall be figured from the effective date of the National City Land Use Code or from the time of the initial construction or establishment, whichever is more recent. E. With the annual renewal of business licenses for all uses mentioned in Sections 18.58.290 and 18.58.300, the city treasurer, when requested by the planning director, shall require the business proprietor to submit a statement showing the total number of employees on the shift of maximum employment anticipated during the next succeeding twelve-month period. F. Except for single-family residential parcels within the RS-4 zones, when a single- family detached dwelling is increased or expanded to more than two thousand five hundred square feet of floor area and/or more than four bedrooms, off-street parking facilities shall be provided for the increase but not for any existing deficiency in such facilities. Parking facilities required as a result of this section may be provided in a garage, carport, or surface space. 18.58.240 Schedule of parking requirements --Residential uses. The following is the schedule of off-street parking requirements for residential uses: Housing Units in the Following Zones Off -Street Parking Required RS-1 and RS-E zones 2 spaces in a garage or carport per dwelling unit with 2,500 square feet or less in floor area and 4 or fewer bedrooms. 3 spaces, including 2 spaces in a garage or carport, per dwelling unit with more than 2,500 square feet in floor area, or 2 spaces in a garage or carport plus 1 space per bedroom proposed over 4, whichever is greater. RS-2 and RS-3 zones 2 spaces, including 1 space in a garage or carport, per dwelling unit with 2,500 square feet or less in floor area and 4 or fewer bedrooms. 3 spaces, including 2 spaces in a garage or carport, per dwelling unit with more than 2,500 square feet in floor area, or 2 spaces in a garage or carport plus 1 space per bedroom proposed over 4, whichever is greater. Ordinance No. 2010 — 11 Amending Title 18 Westside Specific Plan Standards RS-4 zone 2 spaces, including 2 spaces in a garage or carport, per dwelling unit for units with more than 1,200 square feet in floor area, or 1.0 spaces, including one space in a garage or carport, per dwelling unit for units' with 1,200 square feet or less. RT Zone 1.5 spaces per dwelling unit Exception: A detached home in this zone shall have the same parking requirement as the RS-3 zone. RM 1, RM-2 1.3 spaces per 1-bedroom unit and studio unit, plus 1.5 spaces per unit containing 2 or more bedrooms, and conveniently located guest parking of 0.5 spaces per unit for 20 units or less, plus 0.25 spaces for each unit over 20. Half of the required guest parking spaces may include parallel curb parking spaces on dedicated public streets contiguous to the site. Exceptions: A duplex built in this zone shall have the same parking requirement as the RT zone. A detached home in this zone shall have the same parking requirement as the RS-3 zone. RM-3 Planned development permit RMH Two spaces per unit Additional Standards Off -Street Parking Required Boardinghouse and Lodging Houses 1 space per guest room Condominiums 2 spaces per dwelling unit and conveniently located guest parking in the numbers as specified above for RM zones. Garages or carports shall be provided for detached condominium homes as required in the applicable zone. (Not applicable to condominium conversions. Refer to Chapter 18.74.) Dormitories and Fraternity or Sorority Houses As required by conditional use permit 18.58.245 Schedule of parking requirements --Mixed use. The following is the schedule of off-street parking requirements for mixed use: Structures and Uses Off -Street Parking Required Except for the MCR-1 and MCR-2 zones, all other Mixed use See Chapter 18.140. Ordinance No. 2010 — 12 Amending Title 18 Westside Specific Plan Standards MCR-1 and MCR-2 1.5 spaces per dwelling unit for units of more than 1,200 square feet of floor area and 1.0 spaces per dwelling unit for units of 1,200 square feet or less. In addition 5 bicycle parking spaces shall be provided for each 20 dwelling units (minimum 20 dwelling units) 18.58.280 Schedule of parking requirements --Office uses. The following is the schedule of off-street parking requirements for business and commercial uses: Structures and Uses Off -Street Parking Required Administrative, clerical and professional offices, excluding health services, except within the MCR-1 and MCR-2 zones. For those zones see below. First 5,000 sq. ft. 1 space for every 200 sq. ft. of gross floor area* (see Use Group 27, Section 18.104.310, for complete list of uses) 5,000 to 10,000 1 space for every 250 sq. ft. of gross floor area* 10,000 to 30,000 1 space for every 300 sq. ft. of gross floor area* 30,000 to 100,000 1 space for every 350 sq. ft. of gross floor area* Over 100,000 1 space for every 400 sq. ft. of gross floor area* MCR-1 and MCR-2 office and studios uses (Use group 27) For each 1,000 sq ft of gross leased area 2.9 spaces * For each building, and these formulas will not accumulate where there is more than one building on the property. 18.58.290 Schedule of parking requirements --Business and commercial uses. The following is the schedule of off-street parking requirements for business and commercial uses. Structures and Uses Off -Street Parking Required Specifically within MCR-1 and MCR-2 zones 3.6 parking spaces for each 1,000 square feet of gross floor area for retail uses, goods and services, and restaurant uses (Use groups 13, 14, 17, 18, and 19) And 1 bicycle rack (minimum 4 bike spaces) for 10% of vehicle parking spaces Automobile and truck repair service establishments 1 space for every 800 square feet, or fraction thereof, of gross floor area, plus 1 space for any amount of vehicles used in conjunction with the business Amending Title 18 Westside Specific Plan Standards Ordinance No. 2010 — 13 Automobile, truck, boat, camper vehicle, or similar vehicle sales, or rental establishment located in the commercial zones 1 space for each 2 employees of the shift of maximum employment, plus 1 space for each vehicle used in conjunction with the use Eating places, take-out and drive- thru 1 stall for every 100 square feet of gross floor area Existing commercial shopping centers with multiple uses Existing shopping centers shall be required to maintain the parking ratio which was applied during site plan approval Goods and services (Use Groups 17, 18 and 19) located in individual buildings with a single use 1 space for every 250 square feet of gross floor area Heavy equipment and machinery (Use Group 20) 1 space for every 2 employees of the shift of maximum employment, or 1 space for every 1,000 square feet of enclosed or covered area, whichever is greater. Hotels and motels 1 space per guest room, plus one extra parking space for every ten units up to 50. Over 50 units, 1 extra parking space shall be provided for every 20 units New commercial shopping centers with multiple uses 1 space for every 200 square feet of gross floor area Restaurants, nightclubs, cocktail lounges, bars, and similar establishments for the sale and consumption of food or beverages on the premises 1 space for every 5 fixed seats, plus 1 space for every 35 square feet of area available for assembly where there are no fixed seats, plus 1 space for each 2 employees on the largest shift. In no event shall less than 10 parking spaces be provided for such uses Shopping centers in the CSC zone (existing or new construction) 4.5 spaces for every 1,000 square feet of gross leasable floor area Video tape rental and sale; Laundromat (self-service); barber and beauty shops 1 space for every 100 square feet of gross floor area Warehousing and storage 1 space, plus 1 space for each 2 employees Wholesaling and distribution 4 spaces, plus 1 space for every 1,000 square feet of gross floor area or fraction thereof over 4,000 square feet Ordinance No. 2010 — 14 Amending Title 18 Westside Specific Ran Standards 18.58.300 Schedule of parking requirements --Manufacturing and related uses. The following is the schedule of off-street parking requirements for manufacturing and related uses: Structures and Uses Off -Street Parking Required MCR-1 and MCR-2 zones 2.0 spaces for each 1,000 square feet of gross floor area for industrial uses and 1 bicycle rack (minimum 4 bike spaces) for 10% of vehicle parking spaces All uses in the industrial zones (unless otherwise specified) 1 space for every 500 square feet, or fraction thereof, of gross floor area, plus 1 space for each service vehicle used in conjunction with the business, plus 1 space for visitor parking. Food processing (Use Group15), light manufacturing (Use Group 22), medium manufacturing (Use Group 23), heavy manufacturing (Use Group 24), manufacturing tidelands (Use Group 25), mineral resources extraction and processing (Use Group 26), and research and development (Use Group 31) 1 space for every 800 square feet, or fraction thereof, of gross floor area, plusl space for each service vehicle used in conjunction with the business, plus 1 space for visitor parking. Scrap metal processing 1 space for every 7,000 square feet of yard area or fraction thereof, up to the first 42,000 square feet, plus 1 space for every 20,000 square feet of yard area, or fraction thereof, in excess of 42,000 square feet. Warehouse and storage 6 spaces, plus 1 space for every 2 employees and 1 space for visitor parking. Wholesale and distribution 5 spaces, plus 1 space for every 1,000 square feet, or fraction thereof, of gross floor area over 4,000 square feet, plus 1 space for visitor parking. 18.58.345 Dimensions for garage or carport area and openings. A. A one -car garage or carport shall contain an unobstructed interior parking area of a minimum of eleven feet wide by nineteen feet deep. A two -car garage or carport shall contain an unobstructed interior parking area of a minimum of twenty feet wide by nineteen feet deep. B. A garage for more than two cars shall contain additional area consistent with Sections 18.58.310, 18.58.330 and 18.58.340. C. A single -car garage door or opening to a single space carport shall be a minimum of eight feet wide; a two -car garage door or opening to a two -space carport shall be a minimum of sixteen feet wide. For larger parking garages or carports serving multifamily residential or nonresidential development, openings shall be provided in accordance with Sections 18.58.330 and 18.58.340. D. A tandem parking garage for two vehicles shall be a minimum of ten feet wide by thirty-eight feet long. A tandem parking space within a parking structure shall be a minimum of 8.5 feet wide by 36 feet long. 18.58.350 Tandem parking. Tandem parking spaces are permitted in the RS-4, and MCR-1 and MCR-2 zones and within the CL zone of the Westside Specific Plan. Ordinance No. 2010 — 15 Amending Title 18 Westside Specific Plan Standards Section 8. Chapter 18.62 of the National City Municipal Code is hereby amended by amending Sections 18.62.030 and 18.62.105 to read as follows: 18.62.030 Definitions. As used in this Chapter, and in addition to the definitions in Chapter 18.04, the following definitions or concepts shall be applicable: A. "Awnings and canopies" are any roof -like covers that project from the wall of a building for the purpose of shielding a doorway or window from the elements. B. "Awning sign" is any sign copy or logo attached to or painted on an awning or canopy. C. "Banner" is any flexible material, such as cloth, plastic, vinyl, paper, cardboard or thin metal, with or without a "message", attached outdoors to a building, structure or mounting device, or attached indoors to a building, structure or mounting device so as to be visible from the exterior of a building, or structure. The term "banner" includes a pennant, flag, or bunting. D. "Bunting" is a form of banner that is typically presented and displayed in a folded or gathered fashion or combination. It may include a display in combination with a flag or banner. Depending on the format of the display, the term may be synonymous with banner. E. "Business premises" refers to specific business occupancy within a building or upon a parcel of land, typically having a specific address and discrete entrance(s) and exit(s) so as to maintain a specific business identity and location. F. "Changeable copy sign" refers to a sign displaying a "message" that is changed by means of moveable letters, slats, lights, light emitting diodes, or moveable background material. G. "Civic event sign" is a temporary sign, other than a commercial sign, posted to advertise a civic event sponsored by a public agency, school, church, civic -fraternal organization, or similar noncommercial organization. H. "Convenience sign or directional sign" is a sign that conveys information (e.g. restrooms, no parking, entrance) or minor business identification for directional purposes, and is designed to be viewed by pedestrians and/or motorists. "Directional sign" is any individual sign used to provide directions to pedestrians and vehicular traffic. It shall not include a grouping or mosaic of individual signs that are arranged in such a manner as to constitute a larger sign. J. "Directory sign" is a sign listing the tenants of a multiple tenant structure or center. K. "Double-faced sign" is a sign constructed to display its message on the outer surfaces of two identical and opposite parallel planes. L. "Flag" is a form of "banner" that is mounted and displayed outdoors on a pole. M. "Freestanding sign" means a sign which is permanently supported on the ground by one or more uprights, braces, poles, or other similar structural components that are not attached to any building. This category includes both monument and pole signs. N. "Frontage" when used as a measurement reference of a building or business premises, shall refer to the distance between the two most distant corners of a building measured in a straight line along the building face bordering the adjoining street. See Section 18.04.260 pertaining to frontage when made applicable to a parcel of land. It shall also refer to the elevation of a building that abuts or adjoins a private or public right-of-way or parking lot. O. "Height" means the distance measured vertically from grade to the highest point or portion of the object to be measured or height limited. P. "Illuminated sign" means a sign whose message is made readable by internal or external lights or light emitting diodes, typically during hours of darkness. Ordinance No. 2010 — 16 Amending Title 18 Westside Specific Plan Standards Q. "Install" or "installation" includes but is not limited to the act by which a sign is constructed or placed on land or a structure, or the act of attaching, painting, printing, producing, or reproducing, or using any other method or process by which a visual message is presented or placed upon a surface. R. "Message" means any form of visual communication presented on any type of media. It is not material whether the communication has any logical, practical, literary, or artistic significance or not. It includes any form or combination of letters, graphics, symbols or designs. The term is not intended to include mono -color paint applied to the exterior, trim, fascia, or other architectural elements of a building for protection against the elements. S. "Monument sign" means a low -profile freestanding sign supported by a structural base or other solid structural features other than support poles and may contain signage on more than one side. T. "Mural" or "mural -type sign" means a sign painted on the exterior wall of a building consisting of graphics or images, either alone or in combination with letters. U. "Off -site" or "off -site sign" refers to a sign or banner that promotes or advertises goods, services or activities located or offered on a business premises or parcel that is separate from the parcel where the sign is located, even if the two sites or parcels are contiguous to each other. V. "On -site" or "on -site sign" refers to a sign or banner that promotes or advertises goods, services, or activity located or offered on the business premises or parcel of property where the sign is located. W. "Outdoors" means a location on undeveloped property or to the exterior of a building or structure. X. "Outdoor advertising" refers to the placement of a message on signs or banners located outdoors, or located indoors in a manner such that the message is visible from the exterior of a building or structure. Y. "Parcels" or "property" or similar references or descriptions shall refer to parcels defined or delineated by assessor parcel numbers maintained by the County tax assessor or as defined by Sections 18.04.476 and 18.04.386 of this Code. Z. "Pedestrian oriented sign" is a small, pedestrian -oriented sign (less than four square feet) that projects perpendicularly from a structure (bracket sign) or is hung beneath a canopy (blade sign). AA. "Pennant" is a banner with three sides. BB. "Permanent sign" means a sign that is solidly attached to a building, structure, or the ground by means of mounting brackets, bolts, welds, or other combination of attachment methods, thereby rendering the sign non -moveable or difficult to reposition without the use of machinery, cutting devices, or mechanical devices. See also "temporary sign." CC. "Pole sign" means a permanently mounted, freestanding sign which is supported above the ground by one or more uprights, braces, poles, or other similar structural components. DD. "Portable sign" is a sign that is not affixed to a structure or the ground (e.g., A - frame or sandwich -board signs). EE. "Projecting sign" is a sign that protrudes in a V-shape from the top of the round floor over the sidewalk, like a traditional theater marquee. FF. "Shopping center" shall mean a group of commercial buildings as defined in Section 18.04.596. GG. "Sign" as used in this Chapter 18.62, shall generically refer to any medium through which a message is conveyed which is placed outdoors in any zone or is visible to the exterior of a commercial or industrial building or structure. It shall include a banner and any of the following: Ordinance No. 2010 — 17 Amending Title 18 Westside Specific Plan Standards 1. Any advertising display defined in Section 9.32.010. 2. Any message painted, printed, or otherwise produced or affixed on or to: a. The exterior of a building or structure; b. A rigid or semi -rigid material or surface, such as wood, metal, or plastic, attached to a building, structure, or pole or which is itself free-standing; or c. An inflatable balloon or other three-dimensional object that is tethered or fastened to a building, structure, pole, or the ground. HH. "Temporary sign" means a sign that is easily moveable and which is not attached to a building, structure, or the ground in such a manner as to be rendered a permanent sign. II. "Visible to the exterior" refers to the placement of a sign or banner within the interior first eight feet of a commercial or industrial building or structure in such a manner so that it or its message is readily visible on an immediately contiguous public right-of-way, parking lot, or parcel. To be visible does not require that the message be understandable or readable. 18.62.105 A -frame siqns—Regulated Freestanding A -frame signs shall be permitted within the Westside Specific Plan area, positioned outside of the public right-of-way provided that: 1. The displays are properly maintained; 2. Maximum of one (1) sign may be displayed at a time. 3. The sign shall be limited to five (5) feet in height by three (3) feet in width. 4. The sign shall be limited to two (2) sign faces per sign, back-to-back. 5. There shall be no external or internal illumination. 6. The sign shall not be permanently affixed to any object, structure or the ground, including utility poles, light poles, trees or any merchandise o products displayed outside of buildings. 7. The sign shall be portable, self-supporting, stable, and weighted or constructed to withstand overturning or by wind or contact. 8. The sign shall not be displayed during non -business hours. 9. The sign shall be located directly in front of the building and/or business that it is advertising. 10. The sign shall not be placed in such a way as to interfere with pedestrian and/or vehicular sight lines or corner clear zone requirements as specified by the City. 11. The sign shall into be placed in such a way as to obstruct access to a public sidewalk, public street, driveway, parking space, fire door, fire escape, handicapped access or in such a way that it obstructs free passage over any public right-of-way. 12. The sign shall not obscure or interfere with the effectiveness of nay official notice or public safety device. Section 9. Chapter 18.88 of the National City Municipal Code is hereby amended by amending Section 18.88.010 to read as follows: Section 18.88.010 Use as Dwelling — Restrictions. Except within the Westside Specific Plan area, a mobile home shall not be used for living or sleeping purposes except when located in an approved mobile home park. Within the Westside Specific Plan RS-4 zone, a new mobile home or modular home may be installed upon obtaining appropriate building permits and provided that the mobile home or modular unit meets the design guidelines of the Westside Specific Plan and the City's Design Guidelines. Section 10. Chapter 18.104 of the National City Municipal Code is hereby amended by amending Section 18.104.010 to read as follows: Ordinance No. 2010 — 18 Amending Title 18 Westside Specific Plan Standards 18.104.010 Description. A. A use group is a compilation of land use types having similarities which are compatible with each other and which, when grouped together; enable systematic consideration of location and other regulations, thus accomplishing the purpose(s) of the zones described in this title. B. Chapters 18.14 through 18.20 set forth the regulations for each zone. For each of these chapters there is a table showing the use groups permitted in the zones. Use groups are identified in Sections 18.104.050 through 18.104.410 by number and name and a descriptive statement. An alphabetical listing of typical uses allowed within respective use groups is found in Appendix D of the National City Land Use Code. The use groups with their respective examples of typical uses are found in Appendix B of the National City Land Use Code. Except that specific use groups are identified for the Westside Specific Plan area and are identified in Appendix E of the Land Use Code. Section 11. Chapter 18.140 of the National City Municipal Code is hereby amended by amending Sections 18.140.030, 18.140.040, and 18.140.050 to read as follows: 18.140.030 Regulations generally. A. Mixed use may be permitted in the tourist commercial (CT), limited commercial (CL), general commercial (CG), medium commercial (CM) and heavy commercial (CH) zones with the issuance of a conditional use permit, in accordance with Chapter 18.116 of this title. However, a single residence on a lot may be permitted with site plan review approval by the planning director where deemed appropriate in accordance with Chapter 18.128 of this title. B. Expansion, enlargement, and/or reconstruction of existing multifamily residential structures, not resulting in any additional dwelling units, may be permitted with site plan review approval by the planning director in accordance with Chapter 18.128 of this title where such expansion would not exceed ten percent of the size of the structure and where the number of units is permitted by Section 18.140.040. C. Mixed use shall be permitted within the mixed use commercial -residential (MCR- 1 and MCR-2) with site plan review approval by the Planning Division in accordance with Chapter 18.128 of this title. However, a single residence on a lot within the MC-R zones may be permitted with the approval of a building permit and grading permit, as necessary. 18.140.040 Number of dwelling units allowed. A. The maximum number of dwelling units which may be permittee in the CT, CG, CM and CH zones shall be limited to one dwelling unit per each full one thousand two hundred fifty square feet of lot area , in the CL zone to one dwelling unit per each full one thousand nine hundred square feet of lot area. B. In the MCR-1 and MCR-2 zones are, the minimum number of dwelling units for multi -family development is 24 dwelling units per acre with a maximum of 60 dwelling units per acre in accordance with Chapter 18.16. 18.140.050 Design regulations. A. Residential development, and the residential component of a joint commercial/residential development shall be subject to the residential design regulations referenced in the City of National City Design Guidelines (1991) and as follows: 1. Single-family residential use shall be subject to the RS-2 design regulations. 2. Two-family residential use shall be subject to the RT design regulations. Ordinance No. 2010 — 19 Amending Title 18 Westside Specific Plan Standards 3. Multi -family residential and mixed use commercial -residential shall be subject to the City's Design Guidelines for the MCR-1 and MCR-2 zones as additionally provided in the Westside Specific Plan (2010). B. Open space requirements for residential multi -family developments in the CL, CT, CG, CM, and CH, as required by Section 18.14.301 except that for the MCR-1 and MCR-2 zones a minimum of 300-sqaure feet of common usable open space and 75-feet of private open space shall be provided for each unit over three units. As an alternative for projects incorporating both commercial and residential uses required common open space may be provided as landscaped courtyard areas for passive use, integrated with both commercial and residential components for the development. C. The parking requirements for residential development in the CT, CL and CG zones shall be as follows: D. The parking requirements for residential development in the CT, CL and CG zones shall be as follows: 1. RS-2 parking requirements for one detached residence; 2. RT parking requirements for two attached units; 3. RS-3 parking requirements for two or more detached units; 4. RM-1 parking requirements for multi -family residential use. E. The following parking requirements shall apply for mixed -use development in the CT, CI, and CG zone: 1. The parking requirements for mixed -use development shall be the sum of the requirements of the individual uses. Up to one-half of the required guest parking may be provided by the commercial parking facility. Where there is an alley adjacent or abutting the property, access to the residential parking facility shall be solely from that alley and the residential parking facility shall be adjacent to that alley where appropriate to avoid access to commercial collector or arterial streets. 2. The parking facility shall be designed and arranged to provide separation between the commercial and residential parking areas, and each parking area shall be designated. Residential parking shall be signed or marked to restrict commercial use. F. The following parking requirements shall apply to the MCR-1 and MCR-2 zones. Parking shall be also provided in accordance with Chapter 18.58. 1. The parking requirements in mixed -use development in the MCR-1 and MCR-2 zones shall include 1.7 parking spaces for each dwelling unit of less than or equal to 1,200 square feet and 2.0 parking spaces for each dwelling unit of more than 1,200 square feet. Shared parking may be considered where 50% of the parking may be shared between daytime uses (commercial and office) and nighttime uses (residential). 2. Joint parking arrangements may be developed on -site or within a off -site parking lot or parking structure located within 500 feet of the property line of the development. 3. A maximum of 25% of multi -family development may be provided with tandem parking spaces in accordance with Chapter 18.58. G. A comprehensive sign program shall be included with any conditional use permit application for a mixed use development or within any site plan review permit. H. Exceptions to the design regulations listed or referenced in this section may be granted in conjunction with the required conditional use permit or site plan review application if consistent with the general plan. Ordinance No. 2010 — 20 Amending Title 18 Westside Specific Plan Standards PASSED and ADOPTED this day of , 2010. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Ordinance No. 2010 — Ron Morrison, Mayor 21 Amending Title 18 Westside Specific Plan Standards APPENDIX A Westside Specific Plan Land Use Group No Use # Use Group' Reference Zones RS-4 MCR-1 MCR-2 CL IC OSR 1 Area wide permitted uses - As noted below 18.104.050 - Arboretum X Crop Raising X X X - X X Drainage Improvements X X X X X X Open Space X X X X X X Public Utility & Transmission Lines X X X X X X 2 Area wide conditional uses - Those uses as noted below 18.104.060 - Adult Day Health Care Center - C C C - - Athletic Field - - - - X X Auditorium - C C C C - Dormitories - C C Head Start Program - C C C C Park - Public or Private X X X X X X Post Office - X X X X - Public Works Yard - C C C - - Religious Services C C C C C C Schools & Colleges - C C C C - Transportation Terminals - C C C 3 Animal Husbandry 18.104.070 - - - - - - 4 Automotive and allied services 18.104.080 - - - - - - Auto Detailing - - - - - - X = Permitted Use C = Requires approval of a Conditional Use Permit - = Not Permitted Use i APPENDIX A Westside Specific Plan Land Use Group No Use # Use Group' Reference Zones RS-4 MCR-1 MCR-2 CL IC OSR Auto Electronics Installation & Repair - - - - - - Auto Electronics Shop - - - - - - Auto Glass Shop - - - - - Auto Muffler Shop - - - - - - Auto Parts & Accessories Sales - X X X - - Auto Parts Exchange - - - - - - Auto Pawn Lot - - - - - - Auto Radiator Shop - - - - - Auto Repair, Minor& Major - - - - Auto Repair Mobile - X X X - - Auto Sales and Leasing - C C C - - Auto Sales, Used - C C C - - Auto Services Office (Insurance, Financing, etc.) X X X Auto Smog Emission Station - - -. - Auto Static Inspection - - - - - - Auto Storage - - - - - Auto Towing (Dispatch Only - - - - - Auto Transmission Repair - - - - - - Auto Upholstery - - - - - Boat Sales & Leasing - C C C - - Camper Sales, Leasing, Rental - C C C - - Car Wash (Accessory Gas Pumps Permitted) - - - - - - X = Permitted Use C = Requires approval of a Conditional Use Permit - = Not Permitted Use ii APPENDIX A Westside Specific Plan Land Use Group No Use # Use Group' Reference Zones RS-4 MCR-1 MCR-2 CL IC OSR Drive -In Tune up - - - - - - Gas Sales - - - - - - Mobile Home Sales C C C - - Motorcycle Sales Leasing, Rental Repair - - - - - - Trailer Sales, Leasing, Rental, Repair - - - - - - Truck Sales, Leasing, Rental Repair - - - - - - Used Car Reconditioning - - - - - - Van Conversion Service - - - - - - Auto Painting with Accessory Body & Fender Work - - - Auto Repair Minor Accessory to a Department Store - C C C - - Liquefied Petroleum Gas Dispensing - - - - - - 5 Amusement and entertainment, Uses as permitted below, subject to CUP as noted 18.104.090 - C C C - - Amusement Arcade - C C C - - Bar C C C - - Burlesque, Pantomine, and Modeling Shows - - - - - - Cabarets - - - - - - Cocktail Lounge - C C C - - Dance Hall (Serving Alcohol) - - - - - - Nightclub - C C C - - X = Permitted Use C = Requires approval of a Conditional Use Permit - = Not Permitted Use APPENDIX A Westside Specific Plan Land Use Group No Use # Use Group' Reference Zones RS-4 MCR-1 MCR-2 CL IC OSR Pool Hall/Billiard Hall - C C C - - Restaurant with Dancing after Dinner Hours - X X X - - 6 Commercial recreation indoor Uses 18.104.100 - C C C C - 7 Commercial recreation outdoor 18.104.110 - C- C C - - 8 Community, cultural, and public recreational services 18.104.120 - C C C C C 9 Dwelling, single-family (*Existing SFR permitted and allowed to expand in CL, no new Single family use permitted in CO 18.104.130 X X X X' X - 10 Dwelling, two-family 18.104.140 - X X - - - 11 Multiple -family dwelling 18.104.150 - X X - - - 12 Dwelling, mobile home 18.104.160 - - - - - - 13 Eating places, other than takeout 18.104.170 _ X X X - - 14 Drive-thru/drive-in take-out eating places 18.104.180 - X X X - - 15 Food processing 18.104.190 - - - - - 16 Gasoline service stations 18.104.200 - - - - - - 17 Convenience goods & services 18.104.210 - X X X - - 18 Shopping goods & services 18.204.220 - X X X - - X = Permitted Use C = Requires approval of a Conditional Use Permit - = Not Permitted Use iv APPENDIX A Westside Specific Plan Land Use Group No Use # Use Group' Reference Zones RS-4 MCR-1 MCR-2 CL IC OSR 19 Other goods and services except those prohibited uses noted below: All services permitted shall provide storage within the building. No exterior storage permitted. 18.104.230 — X X X Auto Electronics Installation and Repair - - - - - - - Auto Transmission Repair - - - -- Car Wash - - - - - Ceramic Product Sales Yard - - - - - - - Compressor Unit Sales & Service - - - - - - - Dry Cleaning Plant - - - - - - - Exterminating Service - - - - - - - Lumber Yard - - - - - - - Nursery Garden Supplies - - - - - Outboard Motor Sales, Service & Repair - - - - - - Plaster Cast Figurines Sale and Outdoor Display - - - - - - - Pottery and Ceramic Product Sales Yard - - - - - - - Recycling Collection Center - - - - - - Shipping containers Incidental to Reverse Vending Machines with a Licensed Recycling Facility - - - - - - - Conditional Use Permit uses as noted in Use Group 19 - - C C C - - X = Permitted Use C = Requires approval of a Conditional Use Permit - = Not Permitted Use v APPENDIX A Westside Specific Plan Land Use Group No Use # Use Group Reference Zones RS-4 MCR-1 MCR-2 CL IC OSR 20 Heavy equipment & machinery Not permitted except as noted below 18.104.240 — — - - - - Public Transit Facility - - X - - 21 Hotel, motel, & related services 18.104.250 — X X X - 22 Light manufacturing - All services noted as permitted shall provide storage within the building. No exterior storage permitted. 18.104.260 — X X X — - Assembly - - - - - - - Assembly of Camper Shells - - - - - - Assembly of Electronic Circuits - - - - - - Assembly or Packaging - - - - - - Auto Assembly - - - - - - Auto Detailing - - - - - - - Auto Repair, Mobile - - X X X - - Blacksmith - - - - - - Building Materials Storage Yard & Retail Sales - - - - - - - Cabinet & Carpentry Shops C C C Chemical Etching of Manufactured Products - - - - - - - Computer Maintenance and Installation X X X - - Contractor's Storage and Equipment Yard - - - - - - Deck Systems Packaging and Services - - - - - - - X = Permitted Use C = Requires approval of a Conditional Use Permit vi - = Not Permitted Use APPENDIX A Westside Specific Plan Land Use Group No Use # Use Group' Reference Zones RS-4 MCR-1 MCR-2 CL IC OSR. Delicatessen X X X - - Diving (Commercial) C C C - - Diving Equipment Mfg - - - - - - Electrical Appliance Assembly — C C C - - Equipment Repair - C C C - - Farmers Market - C C C C Film Processing - X X X - Hydraulic Repair, Marine & Commercial - - - - - - Machine Shop - - - - - - Mail Order House - - - - - - Manufacture 18.104.260- - - - - - - Mattress Repair & Recovering - - - - - - Metal Polishing - - - - - Packaging - - - - - - Painting of Small Parts & Metal Coating - - - - - - Pharmaceutical Drugs Packaging - - - - - - Plastic Fabricating & Extrusion - - - - - - Pneumatic & Hydraulic Control Systems Repair - - - - - - Refuse Disposal Truck & Container Facility - - - - - - Repair of Shop Equipment (Milling Machines, Lathes, Grinders, etc.) - - - - - - Sheet Metal Shop - - - - - - X = Permitted Use C = Requires approval of a Conditional Use Permit - = Not Permitted Use vii APPENDIX A Westside Specific Plan Land Use Group No Use # Use Group' Reference Zones RS-4 MCR-1 MCR-2 CL IC OSR Tire Rebuilding or Recapping - - - - - Toiletries (Packaging) - - - - - - Tool & Die Shop - - - - - - Used Tire Sales - - - - - - Welding Shop - - - - Wholesale Business Principal use - no retail) - - - - - - Wholesale (in conjunction with retail) - - - - - - Wood Sawing - - - - -- Wood Truss Fabrication & Sales - - - - - - 22 All Uses noted as permitted with a Conditional Uses would not be permitted. 18.104.260 - - - -- , 23 Medium manufacturing 18.104.270 - - - - - 24 Heavy manufacturing 18.104.280 - - - - - - 25 Manufacturing tidelands 108.104.290 - - - - - - 26 Mineral resource extraction and processing 108.104.300 - - - - - 27 Offices and studios 18.104.310 - X X X X - Artist and craft studios and similar cottage industry X X X X - Schools, studios and colleges Located within an existing building when adequate parking can be established (as determined by the Planning Director) X X X X X = Permitted Use C = Requires approval of a Conditional Use Permit viii - = Not Permitted Use APPENDIX A Westside Specific Plan Land Use Group No Use # Use Group' Reference Zones RS-4 MCR-1 MCR-2 CL IC OSR 28 Off-street parking 18.104.320 - X X X - - 29 Public protection facilities 18.104.330 - C C C C - 30 Public Utilities 18.104.340 - C C C C - 31 Research & Development 18.104.350 - - - - - - 32 Scrap metal processing 18.104.360 - - - - - - 33 Signs & Outdoor Advertising 18.104.370 X X X X X X 34 Temporary Uses - with approval of a Temporary Use Permit 18.104.380 X X X X X X 35 Wholesaling, Warehousing & Distribution 18.104.390 - - - - - 36 Truck Transportation Facilities 18.104.400 - - - - - - 37 Waterfront 18.104.410 - - - - - - 38 Open Space Reserve 18.104.420 X X X X X X 39 Open Space Reserve 18.104.430 X X X X X X 1 Use group numbers and reference sections correspond to standard nomenclature and definitions established in Section 18.104 of the NCLUC. 2 Ground floor retail required on Civic Center Drive. X = Permitted Use C = Requires approval of a Conditional Use Permit - = Not Permitted Use ix 'COMBINED GENERAL PLAN ! ZONING MAP RESIDENTIAL LRS-E1 SINA-Femily Palate - RS-E R211 5rno .-Fam lly Page Lot - RS-1 RS. j 21106-Famlly Small La • RE-2 11144 Sinp.Pemlly Ext•ndiole• 1153 Unole-Fam42 TorePamity.RT 171GPF1may Exlent101e - Mu0-Fe5Ny LmiteJ - SenOr Cram HOu•mg - Mc014 Home 50,4 COMMERCIAL - Autornot a Commercial - GeneM Canmrcial - uma•e c0mmeroal - Madura Cnmmrcial -11e. COmmarc al - Teur 0 Gomm raa N.Shoop. Center COnrrrroi al MULTI USE - Mum,se<calmerc'.al Reaid•nlia MUW-Uae Canmerc0l.geeidenlial . Ci.ic Leme� Dr've PpriG -Mutti-I.fe CdnmercIl . -n.n u-onrr•4 Dever*went INDUSTRIAL TOILS Upal Menulecturin0 Realdenllsl riELight Menufadludng Me&um Manuleaurin0 -}Heevv Manuleaurin0 'flVe; Ttlelanlb Menulecluhn0 INSTITUTIONAL - 0000 InR lYlgnal - PfM1ale lndllutioral - open Spare Reserve IMO Nate, Refeoalion OVERLAYS -OS- peen Space PO Planned Development FUOJ Planned Unil Development H J 1141211 RealhenY (In Fe11t1 CZ Cwetel Zar. UPD I IAR1Ie0 Pon 0151.1 • ,all GenNel P. - Pre.One Ado.. GIN COYf1011 R•a01M5On Ho. A• arnwrded 0y: 013002.0. 4. 5 ar, 0P.2004.1. 2 m0 GP-2005-2, 4 AM 51-2006.1 •410 \ 200i-16 GP and 2007.34 GP NATIONAL CITY, CALIFORNIA -S- CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT SECOND READING MEETING DATE: June 22, 2010 AGENDA ITEM NO. 30 111,M TITLE: An ordinance of the City Council of the City of National City Amending Title 7 of the National City Municipal Code by adding Chapter 7.34 pertaining to Shopping Cart Containment PREPARED BY: George H. Eiser, III PHONE: 336-4221 EXPLANATION: DEPARTMENT: City Attorney APPROVED BY: g Please see attached memorandum. This item, the final adoption of a Shopping Cart Containment Ordinance, was continued for 60 days from the April 20 City Council meeting. • FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: X Finance MIS STAFF RECOMMENDATION: Adopt ordinance. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: orandum posed ordinance Mayor Ron Morison Council Members Frank P arra M4 andra Soteio-Sods Jess Van Deventer Rosalie Zarate Office of theCityAttorney TO: Mayor and City Council FROM: Senior Assistant City Attorney SUBJECT: Shopping Cart Containment City Attorney George H. E.iser, tit Senior Assisfaft City Attorney Claudia Oaeitua Silva SeniorF Assistant City Attorney Jodi L Doucette DATE: March 23, 20I0 INTRODUCTION There have been Long-standing concerns over shopping carts that have been removed from business premises without authorization and used to transport recycling items, or used by the homeless and found abandoned in neighborhoods, and the resulting costs incurred by the City in retrieving them. To address these concerns, this office has researched possible remedies for such unauthorized use and abandonment of shopping carts, and has drafted the proposed ordinance for consideration bythe City Council. DISCUSSION Abandoned shopping carts are a persistent problem for many cities in California, including the City of National City. The accumulation of wrecked, dismantled, or abandoned shopping carts, or parts thereof, on public property creates a condition tending to reduce property values, promote blight and deterioration, constitute an attractive nuisance creating a hazard to the health and safety of minors, be aesthetically detrimental to the community, and be injurious to the health, safety, and general welfare. The presence of wrecked, dismantled, or abandoned shopping carts on public property can be declared to constitute a public nuisance that may be abated as such in accordance with the provisions of existing ordinances, but this is a lengthy process, at best. Pursuant to Section 22435 et seq., of the Business and Professions Code, responsibility for remedying this impact has essentially' been placed upon the individuals who use shopping carts without authorization, and the businesses that own them. These sections make it a misdemeanor to possess a shopping cart without permission of the business to which it belongs. These sections also mandate a retrieval program where it is incumbent on the businesses to retrieve carts impounded by cities. Essentially, a city is to provide notice to the cart owner that the cart hasbeen found and identify the location where it can be found. If the cart is not retrieved within three days after receipt of the notice, or if the cart impedes emergency services, 1243 National City Boulevard; National City, California 91950-4301 Tel: (619) 336.4220 Fax: (619) 336.4327 Mayor and City Council March 23, 2010 Page Two the cart may be impounded by the city, and the city may recover costs for removal and impounding. If the cart is unclaimed after a period of 30 days of receipt of the notice, the cart maybe destroyed or sold. A fine of $50 may also be imposed after the occurrence of three violations within a six month period. Enforcement of such state regulations has been found in many cities to be insufficient to remedy the problemalone, for example, when the violator is a homeless person who may be cited and released, but failsto appear for the citation, then subsequently returns to repeat the offense. Moreover, these provisions of state law that allow carts to remain off -site for three days create a quality of life issue. Residents who report such: cart violations generally want the cart removed immediately_ Recently, state legislative proposals attempted to shorten this waiting period to a shorter time frame, but the legislation was not enacted. The National City Police Department tried a pilot program for cartclean up that included peripheral assistance by commercial establishments. This program, implemented in 2005 as part of the Police Departments Alpha POP Homeless Project, was not successful.. The Police Department's effortsincluded drafting flyers and distributing them to the homeless, notifying them of the existing state laws prohibiting their possession of the carts, and thereafter citing those identified as having received notice of the illegality of such possession and bringing them to the station upon arrest. The Department notified recycling companies of the need to put up signs against accepting recycling items delivered in shopping carts_ The Department initiated three sweeps of abandoned carts, which lasted for entire days on each occasion, and collected hundreds of carts. The Police Department then contacted the commercial establishments that had contracts with agents for cart retrieval. However, no one came to retrieve the carts, and the City became the retrieval AND delivery source for these abandoned carts the businesses did not seem concerned with their return. Moreover, many carts could not be identified with any particular store, havingbeen altered by the homeless; these carts remained in a City warehouse. It took exhaustive efforts by the Police and Public Works Departments to address the shopping cart issue with theexisting regulations, and it was determined not to be cost effective_ Neither department had enough staff to continue to maintain the clean up efforts, particularly without the commercial establishments' assistance. Approaches taken by other cities range from taking no action to requiring all businesses with shopping carts to contain their carts. Some programs have a two-stepapproach, starting with minimal requirements then progressing to more stringent standards such as mandatory containment for problematic businesses. While the state regulations as a whole preempt most areas of possible municipal recourse for remedying such a problem, Section 22435.8 of the Business and Professions Code allows a city to regulate the removal of shopping carts as long as it is not in conflict with state regulations. Therefore, effective containment or control of the shopping carts may be permitted as long as no conflicts with state law exist Mayor and City Council March 23, 2010 Page Three Accordingly, some cities have determined that an additional measure should be placed on businesses providing shopping carts for their patrons by obligating the business to institute a "cart containment program" as the best and most effective manner to address the issue_ Containment programs have been developed in other cities with certain goals in mind. The goals are essentially to reduce neighborhood blight caused by abandonment of carts, to make businesses part of the solution in addressing the issue while providing for flexibility as to what type solution to implement, and to keep City costs to a minimum. "Cart containment programs" include a range of options that include electronic systems of operation, parking lot guards, devices that prevent removal, bollards and chains surrounding the premises, security deposits for use of carts, etc. Containment technology such as electronic systems that lock the wheels of carts taken beyond an established electronic perimeter can be effective if properly maintained. Systems requiring a deposit to gain access to a cart are becoming more popular in regions of the U.S. after becoming common in some European countries. Stores that provide customer assistance to their vehicles have also proven to be highly effective by some grocers, including Stater Brothers and the 99 Cent store. Some commercial establishments within the city have already adopted such programs voluntarily, in order to cut down on their costs for retrieval and the need to repurchase new carts when theirs are stolen. Attached is an ordinance that would require local businesses with cart service to have a "cart containment program" of their choice from the options listed. Providing options allows the establishment to deal with shopping carts in the manner thatbest suits its budget and needs. Moreover, this type of regulation via a cart containment'ordinance does not appear to interfere with state.preemption issues, as it is a regulation that would not be in conflict with current state regulation but would exist in addition to state regulations in this area. It is recommended that a period of compliance with such an additional municipal regulation be established by the City Council, allowing the.businesses time to develop a program that would best suit their needs. A_reconunended period might be 180 days for compliance after passage of the ordinance. CONCLUSION It is recommended that City Council enact the accompanying ordinance that requires businesses to implement a Cart Containment Program that could assist in reducing the blight of abandoned shopping carts. JOI I . DOUCE, ESQ: Sen Assistant City Attorney JLD/mpa ORDINANCE NO. 2010 — 2342 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 7 OF THE NATIONAL CITY MUNICIPAL CODE BY ADDING CHAPTER 7.34 PERTAINING TO SHOPPING CART CONTAINMENT WHEREAS, the City Council of the City of National City finds that shopping carts found in other than their intended locations on business premises are an eyesore, a potential hazard, and a nuisance; and WHEREAS, the City Council of the City of National City intends that the owners of shopping carts should be held responsible for containing their shopping carts on their respective business premises. NOW THEREFORE, the City Council of the City of National City ordains as follows: BE IT ORDAINED by the City Council of the City of National City as follows: Section 1. Title 7 of the National City Municipal Code is hereby amended, by adding Chapter 7.34 to read as follows: Chapter 7.34 SHOPPING CART CONTAINMENT Sections: 7.34.010 Definitions. 7.34.020 Cart containment system —Required; exception. 7.34.030 Cart removal warnings. 7.34.040 Employee training —Cart removal prevention. 7.34.050 Cart identification signs for shopping carts. 7.34.060 Cart removal from business premises —written permission required. 7.34.070 Physical containment system. 7.34.080 Regulatory fee authorized. 7.34.090 City powers not limited by this Chapter. 734.100 Violations. 7.34.010 Definitions. For purposes of this Chapter only, and unless the context clearly requires a different meaning, the words, terms, and phrases set forth in this Section are defined as follows: A. "Business premises" means the interior of a cart owner's commercial establishment, adjacent walkways, any loading area, and the parking area, as defined herein. B. "Cart owner" means the owner or operator of a commercial establishment that provides carts for use by its customers for the purpose of transporting goods of any kind. Cart owner includes the on -site manager or designated agent of the actual cart owner. C. "Cart identification sign" means a sign or engraved surface which is permanently affixed to a shopping cart containing all of the information specified in Section 7.34.050 of this Chapter. D. "Cart removal warning" means a placard, sign, or painted text which meets the requirements of Section 7.34.030 of this Chapter. E. "Individual cart identification number" means a number unique to each cart owned or provided by a cart owner. F. "On -site cart containment program" means one or more of the following measures: 1. Disabling devices on all shopping carts which prevent them from being removed from the business premises by locking the wheels or otherwise preventing the movement of the carts. 2. An on -site security guard to deter customers who attempt to remove carts from the business premises. 3. Bollards and chains around the business premises, if permitted by the Fire Marshal, to prevent cart removal. 4. Obtaining a security deposit from customers for the on -site use of shopping carts. 5. The rental or sale of utility carts that can be temporarily or permanently used for the transport of goods. G. "Parking area" means a parking lot or other property provided by a commercial establishment for use by a customer for parking an automobile or other vehicle. In a multi -store complex or shopping center, "parking area" includes the entire parking area used by or controlled by the complex or center. H. "Physical containment system" means one of the following, as approved by the Director of Development Services: 1. Disabling devices on all shopping carts which prevent them from being removed from the business premises by locking the wheels or otherwise preventing the movement of the carts. 2. Any other system of equipment approved by the Director of Development Services which physically contains shopping carts on premises. I. "Qualified cart retrieval service" means a commercial service, operated by a third party and paid by a cart owner to retrieve and return shopping carts. The Director of Development Services shall develop minimal service standards by which a cart retrieval service may be designated as a qualified cart retrieval service and maintain a list of all such service providers. J. "Shopping cart", sometimes referred to herein as a "cart", means a basket that is mounted on wheels or a similar device provided by the operator of a commercial establishment for the use of customers for the purpose of transporting goods of any kind. A cart sold by a commercial establishment to a retail customer for that customer's personal use is not a shopping cart for the purposes of this Chapter. 7.34.020 Cart containment system -Required; exception. A. Every cart owner shall operate and maintain an on -site cart containment program. A cart owner may be exempted from this requirement if he or she provides proof of contracting with a qualified cart retrieval service, and submits an operations plan which demonstrates to the satisfaction of the Director of Development Services that the qualified cart retrieval service will both actively locate shopping carts within a one -mile radius of the cart owner's business premises and respond to complaints from the public in a manner which results in the retrieval of shopping carts within twenty-four (24) hours after receiving notice. B. Each cart owner must contain all shopping carts on the business premises at all times. C. Any instance in which a shopping cart owned or provided by a cart owner is found off of the business premises shall be considered a violation by the cart owner of Ordinance No. 2010 — 2342 2 Shopping Cart Containment Subsection (B) of this Section. A cart owner who, after receiving notice of the violation, fails to cure such violation within twenty-four (24) hours is subject to an administrative citation. Each twenty-four (24) hour period thereafter that the cart remains off premises shall be considered a separate violation. Following the issuance of more than ten administrative citations to the same cart owner within a thirty (30)-day period, subsequent violations by that cart owner may be prosecuted by the City Attorney's Office pursuant to Section 1.36.150 of the National City Municipal Code. 7.34.030 Cart removal warnings. A. Every cart owner shall post and maintain cart removal warnings which meet all of the following minimum specifications: 1. Meet or exceed 18 inches in width and 24 inches in height. 2. Using block lettering not less than one-half inch in width and two (2) inches in height, contain a statement in two or more languages to the effect that unauthorized removal of a shopping cart from the business premises or possession of a shopping cart in a location other than on the business premises, is a violation of State law and the National City Municipal Code. 3. List a local or toll -free telephone number for cart retrieval. 4. Be affixed to an interior wall of the building or otherwise permanently and prominently displayed within two feet (2') of all customer entrances and exits. B Cart removal wamings on the exterior of the building are not considered "signs" for the purpose of calculating maximum allowable signage under Title 18 of the National City Municipal Code. 7.34.040 Employee training - cart removal prevention. Each cart owner shall conduct ongoing employee training to educate new and existing employees about procedures to prevent cart removal, including the operation of the cart containment system. 7.34.050 Cart identification signs for shopping carts. A. Each shopping cart owned or used within the City shall have, permanently affixed and easily visible, a cart identification sign or engraved surface which includes all of the following information: the name, the site -specific street address, and telephone number of the cart owner or commercial establishment to which the cart belongs or both; the individual cart identification number; a valid toll -free phone number for cart retrieval; the procedure (if any) to be followed to obtain permission to remove the cart from the business premises; and a notice to the public that unauthorized removal of the cart from the business premises is a violation of State law and the National City Municipal Code. B. It shall be the responsibility of each cart owner to comply with Subsection (A) of this Section, and to continuously maintain, or cause to be maintained, the cart identification sign so that all of the required information is accurate and clearly legible. 7.34.060 Cart removal from business premises —Written permission required. No person shall be deemed to be authorized to remove a cart from a business premises unless he or she possesses written authorization from the cart owner. This Section shall not apply to the possession of a shopping cart removed from the business premises at the direction of the cart owner for the purposes of repair or maintenance. 7.34.070 Physical containment system. A. A cart owner shall be required to install a physical containment system to the satisfaction of the Director of Development Services when the cart owner establishes a facility consisting of more than five thousand square feet (5,000 sq. ft.) of new construction. Ordinance No. 2010 — 2342 3 Shopping Cart Containment B. A cart owner may be required to install a physical containment system to the satisfaction of the Director of Development Services and the City Attorney following the issuance of more than ten administrative citations in a thirty (30) day period. 7.34.080 Regulatory fee authorized. A regulatory fee shall be established to enforce this regulation and to fairly apportion the cost of mitigating the negative effects of off -site shopping carts. A business that installs a physical containment system to the satisfaction of the Director of Development Services, or which does not provide any shopping carts to its customers, shall be exempted from this fee. 7.34.090 City powers not limited by this Chapter. Nothing in this Chapter is intended to limit the ability of the City to remove or dispose of any cart to which a cart identification sign is not attached, or to remove or dispose of any cart which impedes the provision of emergency services, or which is an immediate threat to public health and safety, to the full extent permitted by State law. 7.34.100 Violations. A. A violation of any provision of this Chapter or a failure to comply with any mandatory requirements of this Chapter is subject to prosecution in accordance with Title 1 of the National City Municipal Code and may be enforced through injunctive relief or other relief available by law. Penalties for violations of the provisions of this Chapter may result in a misdemeanor citation for each day in violation, punishable by a maximum of six months in jail and a $1,000 fine, or both such fine and imprisonment. B. Administering departments will be authorized to charge cost recovery fees for services provided under this Chapter. Cost recovery may also be recovered for equipment and personnel expenses incurred, including for shopping cart return. Section 2. Enforcement of this Ordinance shall be held in abeyance until one hundred eighty (180) days after its effective date. PASSED and ADOPTED this 22nd day of June, 2010. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla George H. Eiser, III City Clerk City Attorney Ordinance No. 2010 — 2342 4 Shopping Cart Containment CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT ETING DATE: June 22, 2010 AGENDA ITEM NO. 31 EM TITLE: Resolution of the City of National City Council authorizing a $1,500,000 loan of Sewer Fund undesignated fund balance to be repaid with the Tax Increment Fund and Transnet Fund over 5 fiscal years at an interest rate of 0.75% that is secured by General Fund to provide additional funding for the street resurfacing improvements program PREPARED BY: Din Daneshf PHONE: 336-4387 EXPLANATION: DEPARTMENT: Development S ices/ Engiri i sion APPROVE • See attached explanation. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: The advanced funding will be effective upon adoption of this Resolution from Account No. 125-2501. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution authorizing the Inter Fund Loan Program. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Resolution 2. Street Resurfacing List 3. Location Map loan EXPLANATION: Background In November 1987 and 2004, the voters of San Diego County approved the San Diego Transportation Improvement Program Ordinance and Expenditure (Proposition A). City of National City has been receiving an estimated $1,000,000 in revenues annually from these Sales Tax Funds (TransNet). The City also receives other funds. These revenues have been used to resurface the city streets as well as repair curbs, gutters, sidewalks, driveways, pedestrian crossings and provide traffic stripping and signage. Any deferred street repair and resurfacing, lead to much higher repair costs in the future. The existing pavement conditions of the City main streets have been rapidly deteriorating in the past few years. Proposed $4M Street Resurfacing Program and its benefits Implementation of a large resurfacing program will allow National City to not only avoid tremendously higher future repair costs (due to worsening pavement conditions as well as escalating construction costs), it also allows us to take advantage of better bid prices in a slow construction market. Using the following proposed funding program is a good opportunity to resurface a large number of street sections in one year. The long term cost savings in doing a large scale program at one time will more than compensate for the interests and other costs paid on the debt. Engineering Division is proposing to implement an approximately $4M resurfacing program for the City of National City's Street Resurfacing Program (FY 2010-2011). The estimated $4M consists of $1.5M from sewer funds as a short term debt in addition to using another approximately $2.5M that consists of a variety of other funding sources as follows: Estimated Funds Available for Street Resurfacing TransNet (Carryover) $1,000,000 Proposition 1 B $908,000 Prop42 Replacement $635,000 Sewer Funds Financing (Proposed)) $1,500,000 Total $4,043,000 Sewer Funds Short Term Debt In order to obtain these sewer funds a Resolution must be adopted by the City Council for the debt financing. In 2008, City of National City received $4.5M Commercial Paper Bond money through the debt financing mechanism from SANDAG and implemented the program successfully. The City is still making annual payments from its TransNet share funds toward that loan. The payments will be ended in 2014. 2 At this time, we are requesting that the City Council approve a new $1.5M program in debt financing from sewer funds in order for the City to be able to keep its resurfacing effort and keep the integrity of the City infrastructure. Interest and Repayment Responsibilities The repayment of the debt will be accomplished within the next 5 years. The proportional share of the cost of the annual interest will be paid at the rate of 0.75%. The principal ($1,500,000) and interest ($40,102.64) will be deducted from the Tax Increment and TransNet sales tax allocations funds as follows: $11,250.00 (FY2011), $340,000.00 (FY2012), $420,000.00 (FY2013), $350,000.00 (FY2014) and $418,852.64 (FY2015) totaling at $1,540,102.64. The attached Loan Amortization Schedule identifies the exact amount of money to be loaned by the sewer funds to perform the Street resurfacing Project, specifies the annual rate of Interest to be paid, and identifies the repayment schedule that includes funding sources and dates. If there is any fund remaining in TransNet after the annual repayments, it will be used for the eligible CIP projects. Compilation of Street Resurfacing Program Engineering has completed work to identify sections throughout the City and along main and neighborhood streets. In that effort, Engineering is using the Pavement Condition Index (PCI) as established in the "2003 Pavement Management Program Update" study as well as visual inspections and other reports. This PCI is a numerical value assigned to a pavement section based on its condition. The project will use Rubberized Asphalt Concrete (RAC) which offers a number of benefits compared to conventional asphalt concrete paving. These benefits include longer service life, dark color retention, and significantly reduced road noise due to vehicular traffic. RAC is more resistant to cracking and lowers maintenance costs. It is also safer by providing superior wet traction and greater skid resistance. Moreover, RAC is a far superior product from an environmental stand point as it uses used recycled rubber as a primary material source and as such contributes to the recycling effort. Project Schedule It is expected that the project will begin construction in August 2010. 3 Dan Amortization Schedule Graduatir ayment for $1.5M Enter values oa amount $ 1,500,000.00 AnrLal rteeest rate 0.75 _oar period in years 5 Number of payments per year 1 Start dote of loan 6/30/2010 Optional extra payments $ - Lender name: LSewer Service Fund Loan summary Scheduled payments $ 306,783.62 Screduled number of payments' 5 ActLal numberof payments 5 Total early payments' $ Total interest $ 40,102.64 Pmt Beginning Scheduled Ending Cumulative No. Payment Date Balance Payment Total Payment Principal Interest Balance Interest 1 6/30/2011 $ 1,500,000.00 $ 11,250.00 $ 11,250.00 $ $ 11,250.00 51,500,000,00 $ 11,250,00 TI 2 6/30/2012 1500,000.00 340,000.00 340,000.00 328,750.00 11,250.00 1,171,250.00 22,500.00 TI 3 6/30/2013 1,171,250.00 420,000,00 420,000.00 411,215.63 8,784,38 760,034,38 31,284.38 T! 4 6/30/2014 760.034.38 350,000.00 350,000,00 344,299.74 5,700,26 415,734.63 36,984.63 Prop A 5 6/30/2015 415,734,63 418,852.64 418,852.54 415,734.63 3,118.01 0.00 40,102.64 Prop A PROJECT: RESURFACING 10-11 MARK -OUT OVERVIEW COLLECTOR STREETS (DIG No. Street 01 OSBORN ST 02 NCB 03 E 16111 ST, 03B 04 E 30111 ST, 01C 05 CLEVELAND A, 01 06 CLEVELAND A, 02 07 E 8TH ST, 06 08 E 18TH ST, 03 09 HOOVER AVE 10 E 16TH ST, 11 E 18TH ST 12 E 18TH ST 13 W 18TH ST, 02 14 E 8T11 ST, 05 -OUT REPAIRS WITH OVE DIVISION ST E 1ST ST L AVE A AVE CIVIC CENTER DR W 19TH ST EUCLID AVE D AVE MILES OF CARS WAY GROVE C AVE NEWELL CLEVELAND AVE PALM AVE RESIDENTIAL STREET (DIG -OUT REPAIRS WITH No. Street From 15 I AVE, 02 E 6TH ST 16 R AVE, 02N BETA ST 17 BETA ST, 01A CDS W OF R AVE 18 K AVE, 04 N CDS 19 M AVE, 01 E 4TH ST 20 E 21 ST ST, 03 C AVE 21 K AVE, 09 E 24TH ST 22 N AVE, 01 E 8TH ST 23 S AVE, OIN LA POSADA ST 24 E 11 TH ST, 04 ARCADIA PL 25 E 201H ST, 08 W END 26 K AVE, 01 E 4TH ST 27 RAVE, 01N ALPHA ST 28 E 10TH ST, 03 WEST OF V AVE 29 E 7TH ST, 14 SHELL AVE 30 M AVE, 05 E 28TH ST 31 MANN ST, 01 CITY LIMIT 32 OLIVE AVE, 01 SB E 8TH ST 33 V AVE, 04 E 8111 ST 34 L AVE, 04 NORTH END ER(AY) To E 1ST ST E 7TH ST N AVE DAVE W 19TH ST BAY MARINA HARBISON AVE HIGHLAND AVE W 25th St EUCLID AVE D AVE (+ INTERSEC) PALM MCKINLEY AVE EUCLID AVE COLLECTOR TOTAL SLURRY) To E 8TH ST GAMMA ST U AVE E 16TH ST E 8TH ST D AVE E 30TH ST SOUTH END DIVISION ST HARBISON AVE N AVE E 8TH ST BETA ST EAST OF V AVE TOLAS CT E 30TH ST BETA ST E PLAZA BLVD E 10TH ST 500' N OF E 16TH ST RESIDENTIAL TOTAL PROJECT TOTAL Cost Estimate 53,058 511,757 59,571 195,932 284,4 70 155,493 435,837 55,000 66,000 224,000 88,000 275, 000 38,295 519,553 2,961,967 Cost Estimate 78,846 38,902 86,275 98,137 122,000 20,000 159,000 56,000 33,000 98,000 24,000 46,000 26,000 39,000 56,000 51,000 28,000 38,000 61,000 39,000 1,198,160 4,160,127 ITALICS INDICATE ESTIMATED COSTS. ACTUAL MEASUREMENTS TO BE COMPLETED THIS WEEK. a PROPOSED NATIONAL CITY STREI IESURFACING PROJECT FY 10-11 AND COMPLETED RESURFACING PROJECTS FROM FY 06-07, 07-08, 08.09, & 09-10 —•v 1\ 7� it it DIAZA &,1 rr -� n �7 L — —— J LOCATION MAP SCALE, NTS tm xto s.. HAD l71/40 / LEGEND: STREET OVERLAY FY 10-11 STREET SLURRY SEAL FY 10-11 STREET RESURFACING COMPLETED FY 06.07, 07.08, 08-09, & 09-10 RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING A FIVE-YEAR LOAN FROM SEWER FUND UNDESIGNATED FUND BALANCE IN THE AMOUNT OF $1,500,000 TO BE REPAID WITH TAX INCREMENT FUNDS AND TRANSNET FUNDS AT AN INTEREST RATE OF 0.75% AND IS SECURED BY THE GENERAL FUND TO PROVIDE ADVANCED FUNDING FOR THE FISCAL YEAR 2010-2011 STREET RESURFACING IMPROVEMENTS PROGRAM WHEREAS, the City of National City has an on -going Street Resurfacing Program that includes repairs of curbs, gutters, sidewalks, driveways, pedestrian crossings, and provides traffic stripping and signage; and WHEREAS, the City Engineering Division desires to implement a Street Resurfacing Project for fiscal year 2010-2011 because to defer the repair and resurfacing of streets would lead to higher costs in the future due to worsening pavement conditions and escalating construction costs; and WHEREAS, the street resurfacing program for fiscal year 2010-2011 will cost approximately $4,043,000 utilizing carry-over TransNet funds in the amount of $1,000,000; Proposition 1 B funds in the amount of $908,000; and Proposition 42 Replacement funds in the amount of $635,000; and WHEREAS, the Engineering Division desires to borrow the remaining balance of $1,500,000 through an interim loan from the Sewer Funds as follows: • The principal amount of the loan will be $1,500,000. • Funds will be transferred from the Sewer Fund into Street Resurfacing Project Accounts 511-409-580-598-6035 and 307-409-580-598-6035 as necessary. • The interest on the loan shall be at the rate of 0.75% per annum on the unpaid balance, totaling $40,102.64. • The loan will be repaid with interest, using the graduating payment schedule below: June 30, 2011 June 30, 2012 June 30, 2013 June 30, 2014 June 30, 2015 TOTAL: $11,250.00 $340,000.00 $420,000.00 $350,000.00 $418,852.64 $1,540,102.64 Tax Increment Funds Tax Increment Funds Tax Increment Funds TransNet (Prop A) Funds TransNet (Prop A) Funds WHEREAS, taking advantage of the debt financing from sewer funds gives the City the opportunity to resurface a large number of street sections in one year resulting in long- term -cost savings that will more than compensate for the interest and other costs paid on the debt. Resolution No. 2010 — Page 2 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes a five-year loan from sewer funds in the amount of $1,500,000 for the National City Street Resurfacing Improvement Program with an interest rate of 0.75% per annum in the amount of $40,102.64 on the unpaid balance. The loan shall be paid back using Tax Increment funds and TransNet (Proposition A) funds using a graduated payment schedule beginning in 2011 and ending in 2015, as set forth in the attached Exhibit "A". PASSED and ADOPTED this 22nd day of June, 2010. Ron Morrison, Mayor ATTEST: Mike Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Loan Amortization Schedule Graduating Payment for $1.5M Enter values Loan amount $ 1,500,000.00 Annual interest rate 0.75 % Loan period in years 5 Number of payments per year 1 Start dote of loan 6/30/2010 Optional extra payments $ - Lender name: [Sewer Service Fund Loan summary Scheduled payment $ 306,783.62 Scheduled number of payments 5 Actual number of payments 5 Total early payments $ - Total Interest $ 40.102.64 Pmt No. Payment Date Beginning Scheduled Ending Cumulative Balance Payment Total Payment Principal Interest Balance Interest 1 6130/2011 $ 1,500,000.00 $ 11,250.00 $ 11,250.00 $ - $ 11,250.00 $1,500,000.00 $ 11,250.00 TI 2 6/30/2012 1,500,000.00 340,000.00 340,000.00 328,750.00 11,250.00 1,171,250.00 22,500.00 TI 3 6/30/2013 1,171,250.00 420,000.00 420,000.00 411,215.63 8,784.38 760,034.38 31,284.38 TI 4 6/30/2014 760,034.38 350,000.00 350,000.00 344,299.74 5,700.26 415,734.63 36,984.63 Prop A 5 6/30/2015 415,734.63 418,852.64 418,852.64 415,734.63 3,118.01 0.00 40,102.64 Prop A INTER -FUND LOAN AUTHORIZATION The purpose of this document is to formalize the interim use of Sewer Fund monies as a funding source to expand the City's Street Resurfacing Program for FY 2010-2011. The principal amount of the loan will be $1,500,000. Funds will be transferred from the Sewer Funds into Street Resurfacing Project Accounts 511-409-580-598-6035 and 307-409-580-598- 6035 as necessary to expand the Street Resurfacing Program for FY 2010-2011. Interest on the loan ($40,102.64) shall be at the rate 0.75% per armum on the unpaid balance. The loan shall be repaid with interest, using a graduating payment schedule. Payments 1, 2, and 3 totaling $771,250, will be paid using Tax Increment Funds, and payments 4 and 5 totaling $768,852.64 will be paid using TransNet (Prop A) funds. Repayment Schedule June 30, 2011 June 30, 2012 June 30, 2013 June 30, 2014 June 30, 2015 TOTAL: $11,250.00 $340,000.00 $420,000.00 $350,000.00 $418,852.64 $1,540,102.64 Tax Increment Funds Tax Increment Funds Tax Increment Funds TransNet (Prop A) Funds TransNet (Prop A) Funds The detailed Loan Amortization Schedule for the Graduating Payment is attached hereto as Exhibit "A". ATTEST: Mike Dalla, City Clerk AUTHORIZED BY: Ron Morrison, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney Loan Amortization Schedule Graduating Payment for $1.5M Enter values Loan amount Annual interest rate Loan period in years Number of payments per year Start date of loan Optional extra payments $ 1,500,000.00 0.75 5 6/30/2010 Lender name: [Sewer Service Fund Loan summary Scheduled payment! $ 306,783.62 Scheduled number of payments 5 Actual number of payments 5 Total early payments. $ - Total interest $ 40,102.64 Pmt No. Payment Date Beginning Balance Scheduled Payment Ending Cumulative Total Payment Principal Interest Balance Interest 1 6/30/2011 $ 1,500,000.00 $ 2 6/30/2012 1,500,000.00 3 6/30/2013 1,171,250.00 4 6/30/2014 760,034.38 5 6/30/2015 415,734.63 11,250.00 340,000.00 420,000.00 350,000.00 418,852.64 $ 11,250.00 $ 340,000.00 420,000.00 350,000.00 418,852.64 $ 11,250.00 $1,500,000.00 $ 11,250.00 TI 328,750.00 11,250.00 1,171,250.00 22,500.00 TI 411,215.63 8,784.38 760,034.38 31,284.38 TI 344,299.74 5,700.26 415,734.63 36,984.63 Prop A 415,734.63 3,118.01 0.00 40,102.64 Prop A City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE June 22, 2010 AGENDA ITEM NO. 32 (ITEM TITLE Resolution of the City Council of the City of National City Confirming the assessment and ordering the levy for the Landscape Maintenance District No. 1 (Mile of Cars) for fiscal year 2010-2011. PREPARED BY Patricia Beard ext 4255 Redevelopment Manager DEPARTMENT Community Development EXPLANATION: On May 18, 2010 the City Council declared its intention to hold a public hearing on June 22, 2010 regarding the annual levy and collection of assessments for the Landscape Maintenance District No. 1 — Mile of Cars. At the May 18`h meeting, the City Council initiated the proceedings for said levy and collection of assessments and approved the Annual Engineer's Report which identifies the assessment to be levied and collected and describes the work program to be conducted by the Mile of Cars Landscape Maintenance District. This public hearing is to receive any public comments about the levy and collection of these assessments for fiscal year 2010-11. Should the City Council choose to, it may adopt the resolution confirming the assessment and ordering the levy for the Landscape Maintenance District via a companion agenda item at this evening's meeting. Environmental Review Not applicable. Financial Statement There is no cost to the City for this action. The Landscape Maintenance District pays the cost of District administration. Account No STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS 1. Annual Engineer's Report 2. Resolution Resolution No. RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CONFIRMING THE ASSESSMENT AND ORDERING THE LEVY FOR THE LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) FOR FISCAL YEAR 20010/11 WHEREAS, the City Council previously completed its proceedings in accordance with and pursuant to the Landscape and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500) (the "Act") to establish the City's Landscape Maintenance District No. 1 (Mile of Cars) (the "Assessment District"); and WHEREAS, the City has retained NBS for the purpose of assisting with the annual levy of the Assessment District, and to prepare and file an Annual Report; and WHEREAS, the City has, by previous resolution, declared its intention to hold a Public Hearing concerning the levy and collection of assessments within the Assessment District; and WHEREAS, a Public Hearing has been held and concluded and notice thereof was duly given in accordance with Section 22626 of the Act; and WHEREAS, at the time and place specified in the Resolution of Intention, the City conducted such hearing and considered all objections to the assessment. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of National City hereby determines and orders as follows: 1. Confirmation of Assessment and Diagram: The Council hereby confirms the assessment and the diagram as is described in full detail in the Annual Report on file with the Clerk. 2. Levy of Assessment: Pursuant to Section 22631 of the Act, the adoption of this Resolution shall constitute the levy of an assessment for the fiscal year commencing July 1, 2010 and ending June 30, 2011. 3. Ordering of the Levy: The Council hereby orders NBS to prepare and submit the levy of assessments to San Diego County for placement on the Fiscal Year 2010/11 secured property tax roll. PASSED and ADOPTED this 22nd day of June, 2010. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Mike Dalla, City Clerk George H. Eiser, III City Attorney • City of National City Landscape Maintenance District No. 1 (Mile of Cars) 2010/11 Fourteenth Amended Engineer's Report May 2010 Submitted by Corporate Office 32605 Temecula Parkway, Suite 100 Temecula, CA 92592 (800) 676-7516 phone (951) 296-1998 fax Regional Office 870 Market Street, Suite 1223 San Francisco, CA 94102 (800) 434-8349 phone (415) 391-8439 fax CITY OF NATIONAL CITY LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) 1243 National City Blvd National City, CA 91950 Phone (619) 336-4241 Fax - (619) 336-4239 MAYOR/CITY COUNCIL Ron Morrison, Mayor Alejandra Sotelo-Solis, Vice Mayor Francisco Parra, Council Member Rosalie G. Zarate, Council Member Jess VanDeventer, Council Member AGENCY STAFF Patricia Beard, Redevelopment Manager DISTRICT STAFF Weldon Donaldson, Executive Director NBS Pablo Perez, Project Director Dennis Klingelhofer, Assessment Engineer Brian Brown, Financial Analyst TABLE OF CONTENTS 1. ENGINEER'S LETTER. 1-1 2. OVERVIEW 2-1 2.1 Introduction 2-1 2.2 Description of the District Boundaries 2-1 2.3 Description of Improvements 2-1 2.4 Description of Maintenance 2-2 3. ESTIMATE OF COSTS 3-1 4. ASSESSMENT DIAGRAM 4-1 5. ASSESSMENTS 5-1 5.1 Method of Apportionment 5-1 5.2 Annual Escalation Factor 5-2 5.3 Assessment Roll 5-3 1. ENGINEER'S LETTER WHEREAS, the City Council of the City of National City (the "City"), State of Califomia, directed NBS Government Finance Group, DBA NBS ("NBS") to prepare and file a report presenting plans and specifications describing the general nature, location and extent of the improvements to be maintained, an estimate of the costs of the maintenance, operations and servicing of the improvements for the City's Landscape Maintenance District No. 1 (Mile of Cars) (the "District") for Fiscal Year 2010/11. The report includes a diagram for the District, showing the area and properties proposed to be assessed, an assessment of the estimated costs of the maintenance, operations and servicing the improvements, and the net amount upon all assessable lots and/or parcels within the District in proportion to the special benefit received and; WHEREAS, the assessment for each parcel is in compliance with the assessment balloting procedures set forth in Section 4 of Article XIII D of the California Constitution because the District was formed by the consent of the land owners, and the proposed assessment is not proposed to increase by more than the 10% annual increase over the Fiscat Year 2009/10 assessment. NOW THEREFORE, only special benefits are assessed and any general benefits have been separated from the special benefits for purposes of this report. The following assessment is made to cover the portion of the estimated costs of maintenance, operation and servicing of said improvements to be paid by the assessable real property within the District in proportion to the special benefit received: SUMMARY OF ASSESSMENT District Landscape Maintenance District No. 1 (Mile of Cars) Fiscal Year 2010/11 Actual Assessment $149,034.12 I, the undersigned, respectfully submit the enclosed Engineer's Report and, to the best of my knowledge, information and belief, the Engineer's Report, Assessments, and the Assessment Diagram herein have been prepared and computed in accordance with the order of the City Council of the City. City of National City— Landscape Maintenance District No. 1 (Mile of Cars) Prepared by NBS — Fiscal Year 2010/11 1-1 2. OVERVIEW 2.1 Introduction The City has previously formed this maintenance assessment district for the purpose of providing maintenance services to benefit certain parcels in the City. Over the past decade, this District has been levying and collecting special assessments. The District was formed in 1995 and the levies are made pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highway Code (the "Act"). The 2010/11 Fourteenth Amended Engineer's Report (the "Report") describes the District, the annual assessment per parcel for Fiscal Year 2010/11, based on the historical and estimated costs to maintain the improvements and provide the services that benefit parcels within the District. The word "parcel," for the purposes of this Report, refers to an individual property assigned its own Assessor's Parcel Number by the San Diego County Assessor's Office. The San Diego County Auditor -Controller uses Assessor's Parcel Numbers and specific Fund Numbers to identify on the tax roll, properties assessed for special district benefit assessments. Following consideration of public comments at a noticed public hearing, and following review of the Report, the City Council may confirm the Report as submitted, and may order the levy and collection of assessments for Fiscal Year 2010/11. If approved, the assessment information shall be submitted to the County Auditor -Controller, and included on the property tax roll for each benefiting parcel for Fiscal Year 2010/11. 2.2 Description of the District Boundaries The District's improvements are generally along National City Boulevard and bounded by 18th Street to the north and 33`d Street and Highway 54 to the south. 2.3 Description of improvements A general description of the works of improvement to be maintained under these proceedings is described as follows but shall not be limited to: 1. Median Improvements • Landscape planting and irrigation • Colored concrete hardscape • Lighting system • Graphic panels, banners and signage • Painted crosswalks • Identification sign at 23'd Street and McKinley Avenue 2: Frontage improvements • Improvements to parkways on both sides of National City Boulevard between 18th Street and 33rd Street • Landscape planting and irrigation • Colored concrete sidewalks and mow curbs • Street furniture City of National City— Landscape Maintenance District No. 1 (Mile of Cars) 2-1 Prepared try NBS — Fiscal Year 2010/11 2.4 Description of Maintenance The maintenance of the improvements shall include the furnishing of services and materials for the ordinary and usual maintenance and servicing of the improvements, including but shall not be limited too: 1. General Plant Maintenance • Mowing, trimming, pruning and weeding • Watering, including water usage • Fertilizing • Plant replacement • Periodic skinning of palm trees 2. Maintenance of Irrigation System • Adjustment of timers • Repair/replacement of worn-out, stolen or malfunctioning equipment 3. Periodic restriping of decorative crosswalks 4. Periodic repainting of metal benches and trash receptacles 5. Periodic repainting and repair of light poles, graphic panels, signage and other miscellaneous equipment 6. Maintenance of electrical system • Bulb replacement • Repair/replacement of worn out or malfunctioning equipment • Electrical energy charges 7. Litter removal 8. Trash pick-up 9. Other repairs of damage caused by vandalism and/or traffic accidents City of National City — Landscape Maintenance District No. 1 (Mile of Cars) 2-2 Prepared by NBS — Fiscal Year 2010/11 3. ESTIMATE OF COSTS The cost of servicing, maintaining, repairing and replacing the improvements as described in the Plans and Specifications are summarized in the table below. Estimated expenditures are shown along with the incidental expenses to be funded by the District. It is the intent of the District to establish a Reserve Fund for the District which shall not exceed the estimated costs of maintenance and servicing until December of each fiscal year, or whenever the District expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. The following table summarizes the components that make up the 2010/11 estimate of costs for the District: Descdlttion Median tmprovemennts Frontage improvemen Cost of annual maintenance: 1. Lawn planting care 2. Median planting care 3. Palm tree maintenance 4. Water usage 5. Refurbishment of graphic panels 6. General maintenance of electrical system 7. Electrical usage 8. Refurbishment of decorative crosswalks 9. Contingencies (1) Subtotal: $75,755.58 $60,770.00 Incidentals: A. Administration B. Advertising C. Legal Fees D. Engineering E. Consultant Fees F. County Collection Fees Total Incidentals: $6,354.27 $6,154.27 Total Estimated Annual Cost: 582,109.85 $66,924.27 Surplus or Deficit: $0.00 $0.00 NET ANNUAL ASSESSMENT BY $82,109.85 $66,924.27 IMPROVEMENT AREA TOTAL ANNUAL ASSESSMENT FOR THE DISTRICT: $0.00 16,286.00 5,814.00 18,360.00 14,000.00 6,630.00 10,029.58 1,836.00 2:610.00 $3,150.00 200.00 100.00 700.00 2,201.97 2.30 $32,572.00 0.00 5,814.00 18,360.00 0.00 0.00 0.00 1,224.00 2,800.00 $3,150.00 200.00 100.00 500.00 2,201.97 2.30 $149,034.12 (I) The Contingencies Item was increased in Fiscal Year 2009/10 to cover a portion of the replacement of water controllers in the District. The water controllers will continue to be replaced over the next 2 to 3 years as funds allow. Any remaining funds should be held and used to start a Reserve Fund. City of National City — Landscape Maintenance District No. 1 (Mile of Cars) 3-1 Prepared by NBS — Fiscal Year 2010/11 4. ASSESSMENT DIAGRAM The Assessment Diagram sets forth (a) the exterior boundaries of the District and (b) the lines of each lot or parcel of land within the District The Assessment Diagram further identifies each lot or parcel by a distinctive number or letter. For a detailed description of the lines and dimensions of any lot or parcel reference is made to the County Assessor's Map applicable for the next fiscal year, which map shall govern for all details concerning the lines and dimensions of such lots or parcels. The following pages provide a copy of the Assessment Diagram for the District. City of National City — Landscape Maintenance District No. 1 (Mile of Cars) 4-1 Prepared by NBS — Fiscal Year 2010/11 IRO IM THE OfRtt CO INC Orr OMR v INC OTY 0r NAROrµ OM �OAYW 1116. an CUM aeIi soCAL CITY A RtCMOCO R DIE 477CE ff THE WPC/SODOMY CF %SECTS Cr THE OTT Of NATIONS/ OTT 1111 �OAV 6 199d ` orokoocrlr it CTY W RATRRM, ore STAR 6 CAUrpWA 011 OF NA11OrAL 011 STAR Cr CMZORMA Rt0 Oq_OAY A M Olt NOM 0r_�0 .O0C _Y R st Vt��O' MMS O' asas—s moo boy N►M trr ro r7t]'0(6TIIEI R THE Ri1R Of DIE CORM ROCOCO 7' INE MIRO ? SM MOO, CALPITHIPX CORM Or OM 6rtm STATE Q. OM/OMA AMENDED ASSESSMENT DIAGRAM OF LANDSCAPE MAINTENANCE DISTRICT NO. 1(MILE OF CARS) CRY of NATIONAL CITY COUNTY OF SAN D1EOO STATE OF CALIFORNIA REVISED 8-1-99 REVISED 6-1h97 REVISED 6-19-02 REVISED 9-09-03 REVISED 5-26-04 .M SHEET 1 OF 3,STS l S1 CURRENT EACHPARCELPARR CA�rM1u70,SPA YPMPRERTY 0 MO4CNs NOT SMMI. NASLAND ENGINEERING 0,0.rMM�w 1M b METRO • IRO KRIM% •K itN*no, 0Ifl • IWa.4Tf NOTE' ORIGINAL SHEET SIZE i8' x 28' NE, 408,Na.:305-148 NA11CCIAL AMENDED AqP.FSSMENT DIAGRAM OF LANDSCAPE MAINTENANCE DISTRICT NO.1 (MILE OF CARS) CITY OF NATIONAL CITY COUNTY OF SAN DIEGO STATE OF CAUFORNIA BOILEVARD' 142.1:414.',44 r 341.20:4$ ,VRAI111119<jURIVIT REVISED 8-1-96 reneep 0-11-97 REVISED 0-19-02 REVISED 6-09-03 REVISED 5-26-04 .0 . - III NM ==NOMOONNOMMINOS, SHEET 2 OP 3 im=...eate ',04460'.•44 APO 09. :514•.340.•4,6 NASLAND ENGINEERING 1•04•1, 14.• batboy. IL II • 11111.M.7•711 NOTE. oRIGNAL SHEET SIZE 18* x 26' Ae, Joist No, 10544 ,sea•. yet-iw+r AMENDED ASSESSMENT DIAGRAM OF LANDSCAPE MAINTENANCE DISTRICT NO.1(MILE OF CARS) CITY OF NATIONAL CITY COUNTY OF SAN bEGO STATE OF CAUFORMA iSID C was1440 ,,, . m ,o,aos SHEET 3 OF 3 GHEETE REVISED B-1-96 REVISED 6-11-97 REVISED 6-19-02 REVISED 6-09-03 REVISED 5-26-04 NASLAND ENGINEERING ,>MIL . -. uw. Coma. a1 1..tr ix° NOTE, ORIGINAL SHEET SIZE 18' x 28' Re, JOB No. 1401: 5. ASSESSMENTS The actual assessments for Fiscal Year 2010/11, apportioned to each parcel as shown on the latest equalized roll at the County Assessor's office, are listed and submitted as Section 5.3 of this Report The description of each lot or parcel is part of the records of the County Assessor of the County of San Diego and such records are, by reference, made part of this Report. 5.1 Method of Apportionment The law requires and the statutes provide that assessments, as levied pursuant to the provisions of the Act, must be based on the benefit that the properties receive from the improvements to be maintained. The statute does not specify the method or formula that should be used in any special assessment district proceedings. The responsibility rests with the Assessment Engineer, who is appointed for the purpose of making an analysis of the facts and determining the correct apportionment of the assessment obligation. IDENTIFY THE BENEFIT First, it is necessary to identify the benefit that the improvements to be maintained will render to the properties within the boundaries of the District. The improvements significantly improve the visual appearance of the streetscape, making the Mile of Cars a more enjoyable and desirable location for customers. The special signage and lighting provide a unifying theme, benefiting all of the properties within the District. APPORTIONMENT OF COSTS In further making the analysis, it is necessary that the property owners receive a special and direct benefit distinguished from that of the general public. In this case, an in-depth analysis was made and several factors are being used in the final method and spread of assessment. All of the improvements are intended to be of direct benefit to properties within the District. These improvements require significantly more maintenance than normally provided by the City. It is therefore appropriate that the properties receiving the benefit be assessed for the additional cost There are generally two categories of improvements to be maintained by the District The median improvements benefit all properties within the District. The improvements to the parkway (referred to herein as Frontage Improvements) benefit those properties which they abut. The specific method of spreading the assessment is described below: Median Improvements 1. The total cost for maintenance of the median improvements is apportioned to all parcels in the District based on the frontage of each parcel on National City Boulevard, with the exception of Parcel 26 (APN 562-321-08), which is owned by the City of National City and therefore, is not subject to an assessment, and as otherwise noted below. City of National City — Landscape Maintenance District No. 1 (Mile of Cars) Prepared by NBS — Fiscal Year 2010/11 5-1 2. Parcel 32 (APN 562-220-11) has no frontage on National City Boulevard, but will benefit from the median improvements. This parcel is assessed for median improvements as if it had a frontage of 100 feet. Frontage Improvements 3. The total cost for maintenance of the Frontage Improvements is apportioned to all parcels in the District except Parcel 26 (APN 562-321-08) and Parcel 32 (APN 562- 220-11), based on frontage of each such parcel on National City Boulevard. The frontage of each parcel is determined from current assessor's maps for the County of San Diego, State of California. All frontage dimensions have been rounded to the nearest foot. 5.2 Annual Escalation Factor The annual assessment to be levied on all properties within the district in any fiscal year shall be subject to an annual escalation of up to 10% based upon actual and anticipated expenditures. The annual assessment shall not exceed the maximum assessment, unless the appropriate Proposition 218 proceedings are conducted by the City to authorize an increase beyond the maximum assessment amount. City of National City — Landscape Maintenance District No. 1 (Mile of Cars) 5-2 Prepared by NBS — Fiscal Year 2010111 5.3 Assessment Roll The proposed rise: snient rolt for Fiscal Year 2010/11 for:the Dlsirict.is listed on -the follow ng pages. do sat city — Landscape Maintenance District, No. 1 (Mile:- Prepared by,Ngs — Fi3caI Yea' 2010/11 Account ID City of Eional City Landscape Maintenance District No 1 (Mile of Cars) Final Detail Report for the 2010/11 Billing Property ID DELl iLevy ._ MIsc:Adis. Total.._. 560-203-03-00 560-203.03-00 54,910,53 $(0.01) 54,910.52 560-204-02-00 560-204-02-00 2,362.46 0.00 2,362,46 560-204-04-00 560-204-04-00 3,206.19 (0.01) 3,206.18 560-210-01-00 560-210-01-00 2,109,34 0,00 2.109.34 560-210-04-00 560-210-04-00 2,784.32 0.00 2,784,32 560-210-40-00 560-210-40-00 3,580.56 0.00 3,560.56 560-210-41-00 560-210-41-00 843.73 (0.01) 843,72 560-210-42-00 560-210-42-00 506,24 0.00 506.24 560-261-08-00 560-261-08-00 4,556.16 0.00 4,556.16 560-271.07.00 560-271-07-00 1,265.60 0.00 1,265.60 560.271-09-00 560-271-09-00 843,73 (0.01) 843.72 560-271-14.00 560-271-14-00 1,603.10 0.00 1,603.10 560.271-15-00 560-271-15-00 1,687.47 (0.01) 1,687.46 560330-03.00 560-330-03-00 9,972.94 0.00 9,972.04 550393.03-00 560-393-03-00 2,362.46 0,00 2,362.46 560.393-04.00 560-393-04-00 8,099.85 (0.01) 8,099.84 562-021-01-00 562-021-01-00 1,687,47 (0,01) 1,687.46 562-021-07-00 562-021-07-00 2,699.95 (0,01) 2,69994 562-031-13-00 562-031-13-00 1,856.22 0.00 1,856,22 562-031-14-00 562-031-14-00 2,699,95 (0,01) 2,699.94 562-000-06-00 562-090-06-00 4,556.17 (0.01) 4,556,16 562-100.13-00 562.100-13-00 2,278.08 0.00 2,278.08 562.100.14-00 562-100-14-00 2,27808 0.00 2,278,08 562-150.13-00 562-150-13-00 3,526.81 (0.01) 3,526,80 562-160-07-00 562.160-07.00 5,062.41 (0.01) 5,062.40 562.180-32-00 562.180-32.00 1,383.72 0.00 1,383.72 562.180.33-00 562.180-33-00 2,143.09 (0.01) 2,143.08 562-220-11-00 562-220-11-00 024.97 (0,01) 924.96 562-220.13-00 562-220-13-00 3,881,18 0.00 3,881,18 562-220.31-00 562-220-31-00 2,815.58 0.00 2,61558 582-220-32-00 562.220-32-00 5,298.65 (0.01) 5,298,64 562-251.37-00 562.251-37.00 3,408.69 (0.01) 3,408.68 562-251.38-00 562-251-38-00 2,818.07 (0.01) 2,816.06 562-252-15-00 562.252-15-00 5,568.65 (0.01) 5,568.64 582-321-07-00 562-321-07-00 3,071.19 (0.01) 3,071,18 562.321-08-00 562-321-08-00 0.00 0.00 0,00 562.330•35-00 562.330-35.00 4,201.80 0.00 4,201.80 562-330.42-00 562.330-42.00 1,282.48 0.00 1,282,48 562-330-43-00 562.330.43.00 0.00 0.00 0.00 562-340-09-00 562-340-09-00 5,062.41 (0,01) 5,062.40 562.340.47-00 562-340-47-00 2,767:45 (0.01) 2,767.44 562-340.48.00 562-340-48-00 7,357.36 0.00 7,357.36 562-340-49-00 562.340.49.00 4,910.53 (0,01) 4,910.52 562-340.50-00 562-340.50.00 5,062.41 (0,01) 5,062.40 562-340-69-00 562-340-69-00 4,893.66 0,00 4,893.66 Copyright © 1999-2008 NBS Page 1 of 2 5/4/2010 3:37 22PM City of National City Landscape Maintenance District No 1 (Mile of Cars) Final Detail Report for the 2010/11 Billing Account la PropertyJD 562-340-70-00 562-340-70-00 5062.41 (0.01) .84082.40: 48 Accounts $149,034.12 $(0.24) 9149,033.88 Copyright 1999-2008 NBS Page 2 of 2 5/4/2010 3:37:22PM CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 22, 2010 AGENDA ITEM NO. 33 'EM TITLE: Kesolution of the City Council of the City of National City adopting the National City First -Time Homebuyer Assistance Program Manual, and authorizing the Mayor to execute a Subrecipient Agreement between the City of National City and Community HousingWorks Realty and Lending Incorporated to administer the First -Time Homebuyer Assistance Program (Community Development Dep., Housing and Grants Division) PREPARED BY: Carlos Aguirre DEPARTMENT: Community Development PHONE: (619) 336-4391 APPROVED BY: ,�('` Qom-' EXPLANATION: On September 15, 2009 the Housing and Grants Department made a presentation to the City Council proposing a First -Time Homebuyer Assistance Program funded by the U.S. Department of HUD HOME Program. Staff was then directed by City Council to further develop the program and request proposals from organizations that had the capacity to originate, process, and provide servicing for the proposed loan program. Staff conducted an RFP process and selected Community HousingWorks Realty and Lending, Inc. as the program administrator and HOME Program Subrecipient for their qualifications and experience. The City has worked with Community HousingWorks to finalize the Program Manual for adoption and begin the program in July 2010. FINANCIAL STATEMENT: ACCOUNT NO. 505-409-462-650-9160 APPROVED: APPROVED: Finance MIS The City Council has appropriated $358,090.00 in Fiscal Year 2010 and $296,989.00 in Fiscal Year 2011 from federal HOME Program grant funds. ENVIRONMENTAL REVIEW: The program is exempt from Environmental Review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: achment No. 1: First -Time Homebuyer Assistance Program Summary achment No. 2: First -Time Homebuyer Assistance Program Manual Attachment No. 3: HOME Subrecipient Agreement RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE NATIONAL CITY FIRST-TIME HOMEBUYER ASSISTANCE PROGRAM MANUAL, AND AUTHORIZING THE MAYOR TO EXECUTE A SUBRECIPIENT AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND COMMUNITY HOUSINGWORKS REALTY & LENDING INCORPORATED TO ADMINISTER THE FIRST-TIME HOMEBUYER ASSISTANCE PROGRAM WHEREAS, the HOME Investment Partnerships Act, Title II of the Cranston - Gonzalez National Affordable Housing Act (42 U.S.C. 12701), as enacted and amended by the Congress of the United States, and promulgated by federal rules and regulations, hereinafter called the "HOME program", provides entitlement funds to states and local governments to expand the supply of affordable housing, and make housing more affordable to very -low and low-income families; and WHEREAS, the City Council has appropriated $358,090.00 in Fiscal Year 2010 and $296,989.00 in Fiscal Year 2011 to assist low-income First -Time Homebuyers at or under 80% of Area Median Income by providing assistance in the form of a silent second mortgage loan of 20% of the purchase price up to $40,000; and WHEREAS, the City has developed program guidelines that comply with HOME program regulations and provide the policies and procedures for the loan program; and WHEREAS, the HOME program allows units of general local government to enter into an agreement with a subrecipient to administer HOME program funds; and WHEREAS, the City solicited proposals for the administration of the City's First - Time Homebuyer Assistance Program through a Request for Proposal process; and WHEREAS, Community HousingWorks Realty & Lending, Inc., responded to the Request for Proposal and was selected as the proposed Program Administrator for their qualifications and experience in homebuyer education and counseling, down payment, and closing cost loan and grant assistance programs. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of National City hereby adopts the National City First Time Homebuyer Assistant Program Manual. BE IT FURTHER RESOLVED that the City Council of the City of National City authorizes the Mayor to execute a Subrecipient Agreement between the City of National City and Community HousingWorks Realty & Lending, Inc., for the administration of the National City First Time Homebuyer Assistance Program. Said Subrecipient Agreement is on file in the office of the City Clerk PASSED and ADOPTED this 22nd day of June, 2010. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Mike Dalla, City Clerk George H. Eiser, III, City Attorney Attachment No.1: National City FTHB Assistance Program Summary IPQARPORATEn .-) NATIONAL CITY FIRST TIME HOMEBUYER ASSISTANCE PROGRAM ELIGIBLE BORROWERS • The applicant may not have held an ownership interest in real property within the past three years. • Income must be at or below 80% of the currently published San Diego County area median income, adjusted for household size. Household Size Annual Income 1 person $44,000 2 people $50,250 3 people $56,550 4 people $62,800 5 people $67,850 6 people $72,850 7 people $77,900 8 people $82,900 • Households will be required to provide a down payment or cash investment. A minimum contribution of 3% of the total purchase price of the property will be required from the borrower's personal funds and must be used for down payment, closing costs or cash reserves, no gifts. • Maximum liquid assets after down payment and closing cost contribution may not exceed $25,000. ELIGIBLE PROPERTIES • Properties must be located within the City of National City limits. • Properties can be new or resale single-family homes, including detached homes, condominiums and townhouses. Duplexes, triplexes or fourplexes do not qualify as eligible properties. • The seller must certify that the property be owner -occupied or vacant for at least three months before the seller signs a purchase contract agreement. The City will not incur costs for tenant relocation. • Properties must meet local housing code standards upon occupancy. Properties built prior to 1978 must meet compliance with lead -based paint hazard regulations. • The maximum purchase price cannot exceed 95 percent (95%) of the median purchase price for the area, as determined by the U.S. Department of Housing and Urban Development (1 unit- $332,500, effective 6/10). LOAN TERMS • The maximum loan amount shall be 20% of the purchase price up to $40,000. Up to 2% of the purchase price may be funded by the City loan toward payment of closing costs. • No interest is charged on the loan (except in the case of default). Instead, the program is based on an equity share. The amount of equity due to the City is based upon the number of years after the date of execution of the City's loan. It begins at 50% of the equity and decreases by 5% each year. After 10 full years of owner occupancy, there is no equity share. • The loan principal shall become due and payable at the time of the property's transfer of title, refinance (except as earlier defined), rental or sale. Attachment 2: National City FTHB Assistance Program Manual FIRST-TIME HOMEBUYER ASSISTANCE PROGRAM MANUAL Shared Equity: Down payment and Closing Cost Assistance City of National City Community Development Department Housing and Grants Division 1243 National City Blvd. National City, CA 91910 (619) 336-4391 (619) 336-4286 Fax EFFECTIVE: June 22, 2010 (Subject to change) EQUAL HOUSING OPPORTUNITY Attachment 2: National City FTHB Assistance Program Manual TABLE OF CONTENTS Effective June 22, 2010 PURPOSE OF THE PROGRAM MANUAL GENERAL DEFINITIONS SECTION I -BORROWER ELIGIBILITY REQUIRMENTS A. ELIGIBLE BORROWER B. INCOME CRITERIA C. HOUSEHOLD ELIGIBILITY REQUIREMENTS D. ELIGIBLE PROPERTIES E. MAXIMUM PURCHASE PRICE F. LOAN PROCEDURES AND TERMS SECTION II -PROGRAM ADMINISTRATION AND PROCEDURES A. LENDER ELIGIBILITY B. LOAN ORIGINATION AND PROGRAM APPLICATION C. CITY APPLICATION PACKET D. PROPERTY INSPECTION E. CITY PROCESSING F. LOAN CLOSING G. CANCELLATION AND COMMITMENT EXPIRATIONS SECTION III- CHANGES PRIOR TO CLOSING APPENDIX A -INCOME APPENDIX B-SEQUENCE OF LOAN PROCESS APPENDIX C-CITY LOAN QUALITY COMMITMENT POLICY APPENDIX D-SECTION 8 HOUSING QUALITY STANDARDS (HQS) APPENDIX E-SHARED EQUITY EXAMPLE 2 Attachment 2: National City FTHB Assistance Program Manual PURPOSE OF THE PROGRAM MANUAL The purpose of this Program Manual is to describe the program and delineate the role of the City, Community HousingWorks R & L, the applicant/borrower and the lenders. This document contains a description of the City of National City First -Time Homebuyer Program requirements, processing procedures and program administration. Loan processing forms are contained in a separate document. The City may revise these guidelines from time to time. Public notice will be given for significant program changes before adoption. The City encourages all eligible homebuyers to apply. Participating lenders are expected to be well informed about all the restrictions contained in this manual so that both applicants and sellers are aware of these restrictions before the application is accepted. The lender will reject those applications where the information submitted indicates that the applicant does not qualify for the program. GENERAL DEFINITIONS AFFIDAVIT: A deposition filed in connection with the program made under oath and subject to penalties of perjury APPLICANT: Any person who applies for City loan assistance ASSETS: Cash or a non -cash item that can be converted to cash. Assets exclude necessary personal property CITY: The City of National City Community Development Department COMMITMENT: A document, which is originated and issued by the City, based on review and approval of the application package and lender's certification that the requirements necessary for issuance of a City loan have been met. A commitment will be valid for 120 days. THE CITY WILL ONLY ISSUE A COMMITMENT FOR A LOAN THAT HAS BEEN APPROVED BUT NOT YET FUNDED. NO EXCEPTIONS WILL BE MADE. COMMUNITY HOUSINGWORKS REALTY AND LOAN (R & L): City selected contractor that will process, underwrite, close, and package, and service the loan. ELIGIBLE BORROWER: Any person meeting the criteria as set forth in this manual ELIGIBLE DWELLING: Real property located within the City of National City. This may include a residential unit to be built, a new unit, or an existing. The unit must be designed as a residence for one household and must meet property standards and criteria as set forth in this manual EQUITY: The dollar amount that constitutes the difference between the sales price of the Property and the sum of the following amounts; 1) principal on the First Note and Deed of Trust; 2) principal on the Second Note and Deed of Trust to the City of National City; 3) all costs of sale, including costs of brokers' commissions, escrow fees, title costs and fees, recording costs, etc.; 4) current year taxes, including all real estate taxes calculated to the date of sale; 5) borrower's down payment not including the loan from the City to Borrower; 6) costs of any capital improvements to the Property, provided such improvements were approved by the City prior to construction and provided that such improvements have been documented to the satisfaction of the City 3 Attachment 2: National City FTHB Assistance Program Manual EQUITY SHARE: The equity share starts at 50%/50% between the Borrower and the City. The amount of the Borrower's share in the Equity of the Property shall increase by five percent (5%) per year, measured on the anniversary date of the Deed of Trust. Correspondingly, the City's share in the equity of the Property shall decrease by five percent (5%) per year. In the event that no Equity exists at the time of transfer or sale, the City loan (HOME funds) will still be due and payable. In the event that a negative Equity situation exists, and the full amount of the City loan is not available to be recaptured, the amount of the loan required to be repaid to the City will be set forth in the HOME agreement between the Borrower and the City. A Shared Equity example is attached as Appendix E. EXISTING HOME (RESALE HOME): A dwelling unit that has been previously occupied. HOME FUNDS/HOME INVESTMENT: Funds received pursuant to the HOME Investment Partnership program under the Department of Housing and Urban Development (HUD), codified at 42.U.S.C. Section 12701, et seq., 24 CFR Part 92, to provide funds for affordable housing HOMEOWNER INVESTMENT: Homeowner's down payment and any capital improvement investment made by the owner since purchase INCOME: The gross amount of all taxable income for all mortgagors and adult household members that is anticipated to be received during the coming twelve (12) months. All income derived from any source, including income from wages (gross pay,) overtime, pensions, veteran's compensation, bonuses, public assistance, alimony, net rental income, dividends and interest, etc. must be included. Non-taxable income must be listed, but bracketed, in order to exclude this income from the annual family income calculation; verification of non-taxable status may be required. ISSUER: The City of National City through the Community Development Department of the City of National City LENDER: A financial institution, whether broker, retail, or wholesale, licensed to provide mortgage loans in the State of California. The institution must meet all the requirements established by the City in order to participate as a lender in the City program LOAN: An extension of credit provided to an Eligible Borrower to finance the purchase of an Eligible Dwelling LOW-INCOME: A household with income at or below 80% of the Area Median Income as established by the U.S. Department of Housing and Urban Development. Every 12-18 months, the U.S. Department of Housing and Urban Development updates these figures NEW HOME: A dwelling unit that is proposed to be constructed, is currently under construction, or exists but has not been previously occupied NET PROCEEDS: Sales price minus loan repayment and closing costs OWNERSHIP: Any of the following interests in residential property: fee simple interest; joint tenancy; tenancy in common; interest of a tenant -shareholder in a cooperative; life estate; interest held in trust for the Applicant that would constitute a present ownership interest if held by the Applicant 4 Attachment 2: National City FTHB Assistance Program Manual PRINCIPAL RESIDENCE: Residence must be occupied as the primary home of the buyer and be defined as one of the following types of residences: 1) single-family house; 2) condominium unit; 3) town home unit PROHIBITED MORTGAGE: Subordinate mortgages and any liens superior to the City First - Time Homebuyer loan, other than the new first Trust Deed. PROPERTY STANDARDS: Minimum performance standards a property must meet for program eligibility. Standards are established in 24 CFR Part 882 (Housing Quality Standards), as attached as Appendix D PROPERTY VALUE: Value of the eligible property as determined by a certified appraisal PURCHASE PRICE: Cost of acquiring the residence, excluding usual and reasonable settlement or finance costs, and the value of services performed by mortgagor in completing the acquisition RELATED PERSON: Any party(ies) who may have a beneficial interest in the sale or financing of the subject property, other than a qualified lender SINGLE-FAMILY RESIDENCE: Housing unit intended and used for occupancy by one household 5 Attachment 2: National City FTHB Assistance Program Manual SECTION I BORROWER ELIGIBILITY REQUIREMENTS Both federal and state law sets borrower eligibility requirements. Income guidelines are modified, based on federal directives every twelve to eighteen months. The City will notify the Lenders when those changes take place, including the effective date of each change. In an attempt to assure that all requirements are clear, the First-time Homebuyer Application and Affidavit are required to be signed by each Applicant and must be included in the Application Package submitted to the City. A. ELIGIBLE BORROWERS 1. Qualified applicants must be first-time homebuvers. The Applicant may not have held an ownership interest in his/her Principal Residence within the past thee years. This timeframe includes those 36 months before the date the mortgage is executed. In the case of a married couple, both parties must meet this requirement. The buyer, spouse and any other parties who will be listed on title must meet this requirement. The Lender must verify this through his/her examination of the Applicant's federal tax returns for the preceding three years. The Applicant(s) cannot have claimed a deduction for mortgage interest or taxes on real property claimed as a Principal Residence. 2. To demonstrate compliance with this requirement, Applicants must complete and sign the First-time Homebuyer Application and Affidavit and provide copies of their last three (3) years signed federal tax returns (or acceptable alternative exhibits). a) The Applicant(s) can provide the signed 1040A 1040EZ or 1040 federal income tax forms for the preceding years, including all schedules. These forms shall be submitted to the Lender and forwarded to the City with the completed loan application. The tax returns must be signed and dated in blue ink by the Applicants. b) If the Applicant(s) has/have filed the short form, 1040A or 1040EZ for the last three (3) years, completes and signs the required affidavits, but is unable to produce copies of the signed returns, the City will accept a completed copy of IRS Letter Form 1722 in lieu of actual returns. The Applicant may request this letter, free of charge, from the local IRS Office. The Letter 1722 must include the signature of a representative of the IRS. Letter Form 1722 should include the following information: Name and social security number ii. Type of return filed Marital status iv. Tax shown on return v. Adjusted gross income vi. Taxable income vii. Self-employment tax viii. Number of exemptions c) In the event the Applicant(s) was not obligated to file federal income tax returns for any of the preceding three (3) years, it will be necessary for the Lender to obtain a completed and signed Income Tax Affidavit from the Applicant, which is required in place of the above. This document is to be forwarded to the City with the application package. d) If either copies of the required tax returns or the 1722 Form cannot be obtained, the Lender may be able to help the Applicant establish first-time homebuyer status with copies of utility bills and a signed and notarized statement from the Applicants landlords for the previous three years. e) When the Commitment is issued during the period between January 1 and February 15 and the Applicant has not yet filed his/her/their Federal Income Tax Return for the preceding 6 Attachment 2: National City PTIIB Assistance Program Manual year, the City may rely on an affidavit. The affidavit must affirm that the Applicant is not entitled to claim deductions for taxes or interest on a principal residence for the preceding year. After February 15, a tax return will be required. 3. Upon close of escrow, the buyer must occupy the home as their Principal Residence. 4. Applicant(s) need not be a U.S. citizen. Legal resident aliens are eligible to apply but must show proof of status. 5. City of National City employees are eligible to participate. B. INCOME CRITERIA 1. Income must be at or below 80% of the currently published San Diego County median income, adjusted for household size. Income limits have been established by the U.S. Department of Housing and Urban Development and are adjusted annually. In accordance with this requirement, applicants may not obtain "stated income" loans. The true income must be a qualifying factor in loan approval. Household Size Annual Income 1 person $ 44,000 2 people $ 50,250 3 people $ 56,550 4 people $ 62,800 5 people $ 67,850 6 people $ 72,850 7 people $ 77,900 8 people $ 82,900 Effective April 2010 2. Gross income is calculated by taking the Applicant's anticipated adjusted gross monthly income, at the time of application, and multiplying it by twelve. Adjusted gross income includes the gross amount of all taxable income, before payroll deductions of: wages, salaries, commissions, fees, tips and bonuses, alimony, public assistance, etc. The adjusted gross income also includes the income earned on assets, such as dividends earned on stock and interest earned on savings and checking. The adjusted gross income qualification is pursuant to the 24 CFR 92.203(b)(3) for reporting under the IRS Form 1040 series for individual federal annual income tax purposes. Gross income includes the combined taxable adjusted gross income of all mortgagors and all other adult members of the household. a. Self -Employed or Seasonal Employees: The formula that the Lender uses to determine the anticipated gross monthly income of self-employed and/or seasonal workers is acceptable provided that all income as described in this manual is included in the calculation. b. Co-Borrower/Co-Mortgagor: If a co -borrower or co -mortgagor will be on both the title and the deed of trust, his/her income must be included in determining eligibility for the program. The IRS regulation states "income to be taken into account in determining gross income is income of the mortgagor(s) and any other person who is expected to both live in the residence being financed and to be secondarily liable on the mortgage." c. Spouses: Married couples are treated as co -applicants, whether: 1) they are separated; 2) either spouse is applying for the loan; or 3) either spouse plans to be named on title. 7 Attachment 2: National City FTHB Assistance Program Manual d. Computing Income i. Program Computation vs. Mortgage Underwriter's Computation: The City loan figure represents ANTICIPATED income, while the Lender's figure represents income AVERAGED over the last few years and the City program requires that every source of taxable and non-taxable income be listed on the Income Computation Worksheet, however, non-taxable income should be bracketed and not added into the maximum annual family income calculation. ii. Income Parameters: See Appendix A of this manual for examples of sources of income, which must be considered in computing buyer income. iii. Military Pay: See Appendix A of this manual for Military Pay explanations. iv. Self -Employed: Year-to-date profit and loss statement and three prior year's tax returns are required. v. Other Income: Sources of income other than wages must be documented by third party verifications. In cases where the third party fails to respond, acceptable alternative sources of documentation can be determined on a case -by -case basis and should follow standard FNMA income verification guidelines. vi. Documentation: In cases where the Applicant is employed, acceptable sources of documentation used to verify income include a recent pay stub with year-to-date earnings and an employer Verification of Earnings statement (VOE). If the application is taking place during the first four months of the year, a year-to-date total may be insufficient. The Lender must supplement the pay stub information with the prior year W-2 statement and/or tax returns. On some pay stubs, the year-to-date earnings include pay from the last part of the prior year. If this is determined to be the case, request that the employer submit a signed statement of verification of exact year-to-date income. Miscalculation can result in the determination of excess income and disqualification of the buyer. vii. Income Verification: The Lender bears the burden of proving that the Buyer's income is within the program guidelines. The computation should be clear, complete, and documented by third party verifications, to the greatest extent possible. viii. No Income: Adult members, 18 years and older, of the household who have no income must complete and sign the Declaration of No Income form. 8 Attachment 2: National City FTHB Assistance Program Manual C. HOUSEHOLD ELIGIBILITY REQUIREMENTS 1. Households shall have sufficient income and credit -worthiness to qualify for primary financing from a participating lender. 2. Households will be required to provide a down payment or cash investment. A minimum contribution of 3% of the total purchase price of the property will be required from the borrower's personal funds and must be used for down payment, closing costs or cash reserves, no gifts. 3. Maximum liquid assets after down payment and closing cost contribution may not exceed $25,000. D. ELIGIBLE PROPERTIES 1. Properties must be located within the City of National City limits. 2. Properties can be new or resale single-family homes, including detached homes, condominiums and townhouses. Duplexes, triplexes or fourplexes do not qualify as eligible properties. 3. The seller must certify that the property be owner -occupied or vacant for at least 3 months before signing a purchase contract agreement. The City will not provide assistance on a unit that is tenant occupied and will not incur costs for tenant relocation. 4. Properties must meet local code inspection standards upon occupancy. See Appendix D for detailed Housing Quality Standards. 5. Properties built prior to 1978 must meet compliance with lead -based paint regulations for Notification, Evaluation and Reduction of lead -based paint hazards in federally owned property and housing receiving assistance; Final Regulation (September 15, 1999) [24 CFR Part 35] E. MAXIMUM PURCHASE PRICE The maximum purchase price cannot exceed 95 percent (95%) of the median purchase price for the area, as determined by the U.S. Department of Housing and Urban Development (1 unit-$332,500, effective 6/10). F. LOAN PROCEDURES AND TERMS 1. The maximum loan amount shall be 20% of the purchase price up to $40,000 subject to the condition of the property, qualifying factors and staff assessment. Up to 2% of the purchase price may be funded by the City loan toward payment of closing costs. The City loan may be used toward the down payment, closing costs, an interest rate buy -down or any combination thereof. 2. The maximum CLTV (combined loan to value) of the City and the new 1st Trust Deed loans shall not exceed the maximum approved CLTV required by the 151 mortgage lender. 3. Non -occupant co -borrowers shall not be allowed. 4. Total housing ratio (PITI) cannot exceed 36% of Applicant(s) gross monthly income. The City may make exceptions if less than twenty percent payment shock is involved. 5. Total debt -to -income ratio may not exceed 45% or 41% if obtaining an FHA loan. 6. No prepayment penalty allowed. 7. Maximum fees to the Applicant of 1.25% origination, discount points for below par pricing only, and $350 processing are acceptable for the purchase transaction. No other Broker or Admin type fees allowed. Other third party fees that are reasonable and customary are allowable. 9 Attachment 2: National City FTHB Assistance Program Manual 8. The terms of the City's second trust deed are designed to encourage long-term residency in the program -assisted home. No interest is charged on the loan (except in the case of default). Instead, the program is based on an equity share. The amount of equity due to the City is based upon the number of years after the date of execution of the City's loan. It begins at 50% of the equity and decreases by 5% each year. After 10 full years of owner occupancy, there is no equity share. Only the principal remains due and payable. See shared equity example in Exhibit E. 9. The loan shall become due and payable at the time of the property's transfer of title, refinance (except as earlier defined), rental or sale. 10.The loan shall also become due and payable when the acceleration clause is triggered. The acceleration clause will be in effect when the property is no longer the principal place of residency of the eligible homebuyer, or upon discovery of willful misrepresentation or fraud in connection with the program. Rental of the property is prohibited and will cause the loan to be accelerated. 11. Second and subsequent mortgages to the new First Trust Deed, except for this City Loan, are not permitted. 12.The loan is not assumable. 13. A Promissory Note and Deed of Trust will secure the loan. 14.The City Loan can be used with conventional, FHA, VA, and other loans issued be a qualified lender, except adjustable rate mortgages with less than five years fixed, negative amortization and stated income mortgages. 15.The City of National City Community Development Department does not underwrite the loans. Lenders will process the underlying mortgages using standard procedures, with adjustments to those procedures to conform to the City loan guidelines. 10 Attachment 2: National City FTHB Assistance Program Manual SECTION II PROGRAM ADMINISTRATION AND PROCEDURES Eligible Applicants will apply for the City of National City's First -Time Homebuyer Program in conjunction with normal mortgage loan application procedures. The City loan application must be filed with an application for a mortgage to a Participating Lender. The City loan processing procedures are designed to coincide with the standard mortgage loan processing and underwriting criteria that are in place at most mortgage lending institutions, although there are some City restrictions that must supercede normal processing and underwriting criteria. Recognizing that there are procedural variations among participating lenders, the steps outlined here are meant to serve as sequential guidelines. Please note, however, that all elements of the processing sequence must be completed at some point. A. LENDER ELIGIBILITY A lender is defined as a financial institution, whether broker, retail, or wholesale, licensed to make first mortgage loans in the State of California. All Lenders who wish to participate in the City program must be enrolled as a participating lender. To enroll and maintain active status a lender must: 1. Attend a lender certification course by Community HousingWorks R & L 2. Agree to adhere to Quality Commitment Policy. Please refer to Appendix C. 3. Designate a contact person for the program 4. Pay a lender annual certification fee of $250.00 for each loan officer and attend at least one training class in person prior to being approved. 5. All lending personnel involved with the City program must attend City training sessions and study and apply procedures listed in the Lender Training Handbook 6. Provide the First-time Homebuyer Program Manual and Lender Training Handbook to all loan processors 7. Cooperate with City Housing staff in providing the best possible service to the Applicants The Lender will be required to submit certification that no material misstatements appear in the application and program documents. If the Lender becomes aware of such, whether negligently or willfully made, he/she must notify the City immediately. The Lender should also be aware and inform the Applicant of penalties provided by California law if a person makes a false statement or misrepresentation for the sole purpose of participating in this program. Housing staff will take all lawful actions to correct or mitigate the problem. B. LOAN ORIGINATION AND PROGRAM APPLICATION 1. Borrower applies to the Lender for a mortgage and City loan. Lender performs standard underwriting procedures to qualify Applicant for a first mortgage, utilizing the City's required underwriting requirements in lieu of certain standard criteria. 2. Lender describes parameters of the City program to Applicant and determines eligibility based on a review of income, prior homeownership and all other factors listed in this manual. 3. Lender obtains three prior year's tax returns from Applicant and prepares to have the Seller Affidavit forwarded with instructions to the seller. 4. Lender gives the Applicant a copy of the City's First -Time Homebuyer Application and Affidavit. This document serves as the formal application to the City and contains the required certifications below: a. That the residence will be used as the Principal Residence and that the Applicant must notify the City when the home ceases to be the Principal Residence 11 Attachment 2: National City FTHB Assistance Program Manual b. That the Applicant has not had an ownership interest in a Principal Residence during the three year period prior to the date of application c. That this is a new mortgage loan* d. That the loan applied for does not constitute a prohibited mortgage* e. That the Applicant was not forced to apply through a particular Lender f. That the Applicant's gross annual household income does not exceed permitted income limits g. That no interest is being paid to a related person* h. Acknowledgment that any material misstatement or fraud is made under penalty of perjury *New Mortgage Requirements: The Lender and the Applicant, using the Program Affidavits, state that the mortgage being acquired in connection with the loan will not be used to acquire or replace an existing mortgage or land contract. *Prohibited Mortgages: Any liens superior to the City First -Time Homebuyer Loan, other than the new first Trust Deed, are not allowed under any circumstances. *No Interest Paid to Related Persons: No interest on the mortgage (or certified indebtedness) may be paid to a person who is a "Related Person", any party(ies) who may have a beneficial interest in the sale or financing of the subject property, other than the qualified Lender. C. APPLICATION PACKET Lender transmits an application packet to the Community HousingWorks R & L hat includes the following forms and additional documentation as required: 1. City First -Time Homebuyer Application and Affidavit* 2. Complete copy of Lender's First Mortgage Loan Application 3. Income Computation Worksheet and all supporting documentation* 4. Most recent 30-day bank statement 5. Lead -Based Paint Disclosure* 6. Copy of Signed Receipt of Disclosures 7. Seller Affidavit* 8. Purchase Contract and all Addendums signed by all parties 9. Appraisal and 1004D 10. Copy of Title Report 11.Three years of Federal Income tax Returns and/or Declaration of No Income Affidavits* for a three-year period 12. Funding Request and Escrow Information Sheet* 13. Letter of Assignment (if the Funding Lender is different than the Originating Lender: A copy of the Notice of Transfer signed at closing or a letter on company letterhead with the name, address, phone and fax number of the Funding Lender along with the date the assignment is being made will be sufficient) 14. Certificate of Completion for First -Time Homebuyer Education Training Course 15. Signed and executed copy of the Power of Attorney if applicable 12 Attachment 2: National City FTHB Assistance Program Manual Submission of the above mentioned forms/documents to the City constitutes completion of the APPLICATION PACKAGE. Technically, the originating broker's role is finished and the funding lender is responsible for submitting the final Close of Escrow Package. However, it is advisable for the broker to discuss with the funding lender their role in submitting the closing package, a failure to meet the Commitment expiration deadline can result in additional work and costs to both the broker and funding lender. D. PROPERTY CODE INSPECTION REQUIREMENT The Lender must request that a Housing Inspector conduct a property inspection to ensure the subject property meet State and local housing quality standards and code requirements. The City will notify the Lender, Buyer, and Escrow of work needed to cure defects, if any, within seven (7) business days of such inspection. Please refer to Appendix D. All properties built prior to 1978 must meet HUD regulations for notification, inspection, reduction/abatement and clearance of lead -based paint hazards under Title X of the Housing and Community Development Act of 1992. If the City Housing Inspector and/or City Certified Risk Assessor (or equivalent per HUD protocol) determines that Lead -Based Paint Hazards are present on the subject property, the City shall notify Buyer, Lender and Escrow within three (3) business days of such determination. A City Certified Risk Assessor will be scheduled a Lead - Based Paint Risk Assessment of the property. The Risk Assessor will provide all parties with a copy of any and all Risk Assessment Report(s) within seven (7) business days of the completing the assessment. Reduction or abatement of all identified Lead -Based Paint Hazards will be required and must be corrected and cleared by the City prior to close of escrow and prior to wire transfer of the City's funds. E. LOAN PROCESSING 1. Community HousingWorks R & L accepts and reviews the Application package and makes a determination as to completeness and accuracy. After the Application has been approved, the Community HousingWorks R & L will issue a Commitment to the Lender. The Commitment designates a reservation number for the Application and is valid for 90 calendar days. 2. The City will maintain a cumulative total of loan amounts reserved. When program funds are about to be depleted, the Community HousingWorks R & L will notify all participating Lenders. 3. Lender will complete the remainder of the standard mortgage application process 4. Package Turn -Around: City staff date -stamp packages and review in order of receipt. Turn around time for reviewing and sending a loan commitment or denial letter to the Lender is six (6) business days from the receipt of a complete package. 5. RUSH: Packages marked "RUSH" or "SUPER RUSH" etc. will not be processed ahead of other pending packages. 6. Incomplete Packages: Incomplete packages may delay the approval and subsequent issuance of the City Commitment Approval Letter. 13 Attachment 2: National City FTHB Assistance Program Manual F. LOAN CLOSING 1. Community HousingWorks R & L partially completes the Closing Affidavit. 2. Lender and City forward loan documents to selected escrow officer with instruction for closing the loans. The buyer signs the City loan documents. The escrow officer forwards the copies of the executed Loan Documents back to the Community HousingWorks R & L. 3. Before the expiration of the 90-day commitment and prior to recordation, the Lender and Escrow send the Close of Escrow documents to Community HousingWorks R & L. These documents include: a. Signed copy of City Deed of Trust and Homeowner's Regulatory Agreement for the HOME program participation (Escrow sends original Deed of Trust and Agreement to County Recorder's Office), original Promissory Note, forgivable Note (if applicable), Truth in Lending Statement, Escrow Instructions and all amendments and copy of estimated HUD 1 Statement. b. Closing Affidavit signed by the Applicant(s) at the time of the loan closing. c. All outstanding loan conditions listed on the Commitment letter and/or Instructions to Escrow. d. City reviews Closing Package and checks the file to ensure all necessary documents have been submitted. 4. City loan documents are only good during the month that they are drawn and any delays may require the preparation of all City final loan documents with a corrected date. There will be no funding into the month. 5. Community HousingWorks R & L will transfer funds by wire as instructed on the Funding Request and Escrow Information Sheet located in the forms section of this Manual. Any secondary wires that are issued due to errors on behalf of the Lender, Escrow or Title Company will require an additional $35.00 re -wire fee and shall be paid by the party at fault. Lenders must adhere to the time frame for the City and the Community HousingWorks R & L processing period, promptly notifying the Community Housing Works R & L in writing of any loan cancellations and/or request for reservation or commitment extensions. If the Lender assigns responsibility of execution of City loan forms to Escrow or Title Office personnel, the Lender assumes full responsibility for training the personnel to comply with the requirements of this Manual. 14 Attachment 2: National City FTHB Assistance Program Manual G. CANCELLATION AND COMMITMENT EXPIRATIONS 1. Cancellations: When a decision is made not to continue with the City application, written notice must be received at the Offices of Community Housing Works R & L prior to the expiration of the Commitment. The notice must include the reason for the cancellation and the signatures of both the Lender and the Applicant. 2. Expiration of Commitment: Before the Commitment has expired, the Lender must either: a. Submit the closing package b. Submit written notice of loan cancellation c. Request a 30 day extension in writing Upon expiration of the Commitment, the Lender must do one of the following: a. If the loan has not closed, the Lender must submit a request for extension and provide estimate of closing date to Community HousingWorks R & L b. If 120 days has passed since the Commitment was issued and no extension was requested, the Lender must submit an entirely new Loan Application with current income verification with a letter of explanation for the delay c. If the loan was canceled, the Lender submits a cancellation notice as described above In all cases, expiration of the Commitment without the required action by the Lender will result in the Lender being placed on "Inactive Status", and the Lender may submit no new City applications until the issue has been resolved. Failure to comply may result in the Lender's removal from the Certified Lender Partner List and program. SECTION III CHANGES PRIOR TO CLOSING Community Housing Works R & L issues a loan Commitment based on the Applicant's and Seller's Affidavits and the Lender's certification that the City's Program requirements have been met. The Lender must immediately notify the Community HousingWorks R & L in writing of any change that could affect the Applicant(s) eligibility for the loan. If a change in the circumstances of the Applicant is such that he/she no longer meets program requirements, the Commitment is automatically revoked. 1. Income: The eligibility of the Applicant for a City loan is based on the Applicant's anticipated taxable income. The Community Housing Works R & L will issue the Commitment based on the household income as of the date the Commitment is issued. The income verified for the Commitment is valid as long as the loan closes within four months after the financial information was originally submitted and there have been no changes which effect previously reported income. If the loan does not close within three months, all applicable City documentation must be re -submitted and income must be re -verified. 2. Marital Status: If the Applicant gets married after issuance of the Commitment and prior to closing, the spouse must satisfy the prior homeownership requirements contained in the First -Time Homebuyer Application and Affidavit and the Closing Affidavit. The Lender must also notify the Community HousingWorks R & L program administrator. Any increase in the household income because of the new spouse must be considered and may affect re - issuance of a new Commitment. 3. Acquisition Cost: If a change in acquisition cost occurs after the Commitment and prior to closing, the Lender will be required to originate and submit a new version of: a. First -Time Homebuyer Loan Application and Affidavit b. Amended Escrow Instructions c. Seller Affidavit d. All other documentation that may be applicable as listed previously in this Manual 15 Attachment 2: National City FTHB Assistance Program Manual 4. Loan Amount: Any changes to the loan amount which occur after the Commitment has been issued and prior to closing must be reported to the City immediately by phone, followed up with a written confirmation along with all applicable documentation listed in this Program Manual. Upon receipt of revised/updated documentation, a revised Commitment may be issued. 16 Attachment 2: National City FTHB Assistance Program Manual APPENDIX A INCOME GROSS ANNUAL INCOME Gross annual income is defined as the anticipated annualized gross taxable income of a mortgagor (or mortgagors) and adult members of the household. Annualized income is the sum of monthly gross taxable income multiplied by twelve (12). Gross monthly income includes all taxable sources of income derived from: gross pay, overtime compensation, part- time employment earning, bonuses, dividends, interest, royalties, pensions, Veterans Administration (VA) compensation, net rental income, alimony, public assistance payments, sick pay, social security benefits, unemployment compensation, income received from trusts, income received from business activities or investments, and any other source of taxable income not listed above. Information regarding income must be current within the most recent 30-day period preceding loan closing. Income not included by the Lender, but listed above, must be added to the Lender's income total on the "Income Computation Worksheet" income eligibility calculation for the City loan program. Income of the mortgagor (or mortgagors) and any other adult who is expected to live in the residence being financed must also be included in the household income calculation. All non-taxable income must be listed and bracketed on the "Income Computation Worksheet", but not counted when calculating the annual gross family income. In summary, income of all mortgagors (on both title and deed of trust) shall be included in the gross income calculation for the program. Additionally, the income of any adult who will live in the residence should be included. For married couples, income includes the income of both spouses, whether or not on title. MILITARY PAY For purposes of computing the buyer's gross monthly income, the monthly income is the "total entitlement" shown on the applicant's most recent monthly Leave and Earnings Statement and includes all regular pay, special pay and allowances. Non -taxed income, such as a housing allowance is not counted as income, but must be listed and bracketed. Certain categories of pay, which may be received only sporadically, may need to be considered on a case -by -case basis. 17 Attachment 2: National City FTI IB Assistance Program Manual APPENDIX B SEQUENCE OF LOAN PROCESS 1. HOMEBUYER • With Lender, determines loan eligibility. • Selects house that is vacant or owner -occupied. • Makes Purchase Offer, which is accepted pending financing. • Applies to Participating Lender for financing. • Lender gives homebuyer a City Loan Information Package. • Completes Homebuyer Education course. 2. LENDER • Starts processing for mortgage loan and City loan. • Verifies eligibility for City loan. Prepares and forwards application package to City. • Processes, underwrites and approves Applicant for first mortgage. • Requests that City inspect property for health and safety defects. 3. COMMUNITY HOUSINGWORKS R & L STAFF AND CERTIFIED LEAD BASED PAINT PROFESSIONALS: • Inspects selected property for health and safety defects, lead -based paint hazards and notifies lender, buyer and Escrow of work needed to cure defects. • Community HousingWorks R & L notifies Buyer, Lender and Escrow within 15 days of lead -based hazard determination (if applicable), and provides Buyer, Lender, and Escrow a copy of any/all Risk Assessment Report(s). • Community HousingWorks R & L issues Commitment to Lender after approving application package and verifying that the property meets minimum property standards. (NOTE: The City may choose to issue a Commitment pending receipt of missing documentation and completion of work to cure property of code violations and/or lead -based paint hazards.) • Work to cure property defects and/or lead -based paint hazards takes place by Certified Lead -Based Paint Professionals (if applicable). • Re -inspection and clearance of property takes place to ensure Housing Quality Standards and elimination of lead -based paint hazards. 4. ESCROW, LENDER & COMMUNITY HOUSING WORKS R & L • Coordinates signing of all closing documents by Sellers and Borrowers. 5. LENDER • Sends Close of Escrow Package and all outstanding documentation (per the Commitment) to Community HousingWorks R & L prior to Commitment expiration. • Funds loan through Escrow/Title and Escrow/Title Company and sends Deed of Trust and all recordable documents to the Title Company or County Recorder's Office (close of escrow). 6. COMMUNITY HOUSINGWORKS R & L • Receives and reviews Close of Escrow Package (outstanding documentation, original documents, and certified/executed copies). • Wires City loan funds through Escrow/Title and Escrow/Title Company sends Deed of Trust and all recordable documents to the Title Company or County Recorder's Office (close to escrow). • Conducts random audit of Lenders records. 7. HOMEBUYER • Receives City loan. • Signs an Annual Affidavit of Owner -Occupancy. 18 Attachment 2: National City FTHB Assistance Program Manual APPENDIX C CITY LOAN QUALITY COMMITMENT POLICY The City of National City Community Development Department and the Community HousingWorks R & L invites the entire mortgage lending community to participate in the First - Time Homebuyer Program. Participation will continue to be open to those mortgage lenders who uphold the following work standards: • Lending company personnel receive training for the program before being assigned to prepare loan packages. This training includes: Community Housing Works R & L training sessions (if applicable); knowledge of training manual; knowledge of City -provided update letters. • Each lender enrolled in the program designates a Community Housing Works R & L Contact Person for each participating branch. The Contact's responsibilities include: 1) making Lender Update letters (including attachments) available to all City loan -related personnel in a timely manner; 2) attending at least one training session per year (if applicable); 3) notifying Housing staff of any re -assignment of Contact person and/or changes in company location and or status. • Expiration of a Community HousingWorks R & L Loan Commitment without submission of the required paperwork must be addressed in a timely manner by; submitting the documents necessary to make the file current, close the loan, or canceling the pending loan with notification to the City. • The lender must obtain the Community HousingWorks R & L's Commitment to issue the loan before funding the loan. • Each participating lender ensures that the closing or funding department of their company is aware of their obligations under the city loan program and is prepared to submit all necessary closing documentation in a timely manner. • Buyers are treated fairly, receiving a full and accurate explanation about the city loan. For questions that the lender cannot answer, the buyer is referred to housing staff. 19 Attachment 2: National City FTHB Assistance Program Manual APPENDIX D NATIONAL CITY CODE INSPECTION REQUIREMENT For purposes of the program, the City must use the HOME Investment Partnership (HOME) Program Requirements. HOME Program regulation 24 CFR 92.251(a)(2) states that housing must "meet all applicable State and local housing quality standards and code requirements and, if there are no such standards or code requirements, the housing must meet the housing quality standards in 24 CFR 982.401." The Acceptability Criteria listed with each section below sets the minimum standards that must be met in all residential units. The Interpretation of Acceptability Criteria listed after those criteria are the standards that HUD feels should also be met if the property is to have long-term utility and contribute to the livability of the unit. ACCEPTABLE CRITERIA AND INTERPRETATIONS A. SITE AND NEIGHBORHOOD - The site and neighborhood shall be reasonably free from disturbing noises and reverberations and other hazards to the health, safety and general welfare of the occupants. ACCEPTABILITY CRITERIA - The site and neighborhood shall not be subject to serious adverse environmental conditions, natural or manmade such as: 1. Dangerous walks, steps or instability; 2. Flooding, poor drainage, septic tank back-ups, sewer hazards or mudslides; 3. Abnormal air pollution, smoke or dust; 4. Excessive noise, vibrations or vehicular traffic; 5. Excessive accumulations of trash; 6. Vermin or rodent infestation; 7. Fire hazards; Generally, approval of an area under a CDBG, Section 8, HOME and/or HOPE III will be sufficient to meet these criteria. INTERPRETATION OF ACCEPTABILITY CRITERIA 1. All steps and walks should be level, free from dangerous cracks, crumbling or breaks, tripping hazards, broken & missing materials, prevent water accumulation. 2. The lot should have positive drainage prevent standing water at the foundation. 3. No additions. 4. No additions. 5. Any materials, which accumulate screened and arranged in a manner neighborhood. 6. No additions - see #t5 above reduce infestation problems. 7. The site should be free from fire hazards, such as the storage etc. etc., and be provided with sufficient pitch to away from the dwelling and/or dwelling unit to on a property in the neighborhood, should be removed or that does not detract from the general appearance of the - removal of trash, garbage, debris, etc., will significantly of highly flammable materials, 20 Attachment 2: National City FTHB Assistance Program Manual B. ACCESS - The dwelling/dwelling unit shall have adequate access for the occupants. ACCEPTABILITY CRITERIA - 1. The dwelling/dwelling unit shall be usable and capable of being maintained without unauthorized use of other private properties. 2. The building shall provide an alternative means of egress in case of fire, i.e., fire stairs, egress through windows, etc. INTERPRETATION OF ACCEPTABILITY CRITERIA 1. The property should be adjacent to an access street or road. 2. No additions. C. STRUCTURE AND MATERIALS - The dwelling/dwelling unit shall be structurally so as not to pose any threat to the health and safety of the occupants and so as to protect the occupants from the environment. ACCEPTABILITY CRITERIA 1. Ceilings, walls (interior and exterior), floors, roofs, porches, etc., shall not have any serious defects such as severe bulging or leaning, large holes, loose surface materials, severe buckling or noticeable movement under walking stress, missing parts, or other serious damage. 2. The roof structure shall be firm and the roof shall be weather tight. 3. The exterior wall structure and the exterior and interior wall surfaces shall not have any serious defects such as serious leaning, buckling, sagging, cracks or holes, loose materials, loose siding or other serious damage. 4. The conditions and equipment of interior and exterior stairways, halls, porches, walkways, etc., shall be such as not to present a danger of tripping and/or falling. 5. Elevators shall be maintained in a safe operating condition. 6. In the case of a mobile home, the home shall be securely anchored by a tie -down device, which distributes and transfers loads imposed by the unit to appropriate ground anchors so as to resist wind, overturning and sliding. INTERPRETATION OF ACCEPTABILITY CRITERIA 1. Where crawl spaces or basements exist, all first -floor structural wood members, including floor joists, plates, piers and pilings should be inspected for cracked, broken, rotten or otherwise damaged conditions. Damaged members should be repaired and/or replaced as required. The exterior/interior walls should be weather -tight in a manner that prevents heat loss in the winter (cooling loss in the summer) as much as possible. This includes the repainting and/or installations of siding to protect the exterior surface from the elements. The interior walls should be repaired/replaced as required to facilitate this criterion. 2. The roof structure should be firm in that all roof -framing members should be free from cracks and rot. The roof sheathing should be solid and free from sagging, buckling, heaving, etc. If the roof appears to be well worn, it should be replaced. If possible, the best replacement will include stripping all the way down to the sheathing and replacing. If costs dictate, a second layer of roofing can be installed over the first layer. If there are already two or more layers of roofing materials, the roof should be stripped down to the sheathing, 'and if necessary, replace the sheathing and then install the new roof covering. 3. Concrete block or brick foundations, piers and pilings, should be inspected for loose mortar joints. All empty or cracked mortar joints should be tuck -pointed in an acceptable manner to match, as closely as possible, the rest of the structure. The joints should be recessed. 21 Attachment 2: National City FTHB Assistance Program Manual The chimney should be inspected for loose mortar joints and proper height. All empty or cracked mortar joints should be tuck -pointed in an acceptable manner to match, as closely as possible, the rest of the chimney. The joints should be recessed. 4. All exterior steps, walkways and porches should be free of tripping hazards. Crumbling, cracked, broken, missing and/or uneven conditions should be repaired and/or replaced as necessary. The condition of all interior stairways should be such as not to present a danger of tripping or falling, see above. Handrails should be properly installed on all stairways. 5. No additions. 6. No additions. 7. The property should be inspected by a qualified extermination firm, and if necessary treated for vermin, rodents, termites and other wood -burrowing insects. 8. All outbuildings such as garages, storage sheds, etc., should be repaired to a usable condition or removed from the property. 9. The general appearance of the outside of the structure and the lot, after rehabilitation, should be such that it makes a significant contribution to the general appearance of the neighborhood. 10. Installation of gutters and down spouts is strong►y recommended in order to divert water away from foundations. D. LEAD -BASED PAINT - The dwelling unit shall be in compliance with the HUD Lead -Based Paint regulations. ACCEPTABILITY CRITERIA 1. The dwelling/dwelling unit shall comply with HUD Lead -based Paint regulations at 24 CFR Part 35, issued pursuant to the Lead -Based Paint Poisoning Prevention Act, 42 USC 4801. 2. The owner shall provide a certification that the dwelling is in compliance with such HUD regulations. 3. If the property was constructed prior to 1978, any in -place tenant/family shall be furnished a notice and pamphlet as required by the Lead -Based Paint regulations. Such notice shall inform them of the procedures regarding the hazards of lead -based paint poisoning, the symptoms and treatment of lead poisoning and the precautions to be taken against lead poisoning INTERPRETATION OF ACCEPTABILITY CRITERIA 1. Compliance with the Lead -Based Paint regulations requires the following actions: • Notification to all occupants that the property may contain lead -based paint, if constructed prior to 1978, and the hazards, symptoms and treatment of such poisoning, including information on testing for elevated blood levels (EBL) for children. • All contracts shall include language prohibiting the use of lead -based paint. • The inspection for and elimination of "immediate hazards", which are defined as chipping, peeling, flaking, cracking or other defects in previously painted surfaces. 2. No additions. 3. No additions E. WATER SUPPLY ACCEPTABILITY CRITERIA 1. The dwelling/dwelling unit shall be served by an approved public or private sanitary water supply. 22 Attachment 2: National City FTHB Assistance Program Manual INTERPRETATION OF ACCEPTABILITY CRITERIA 1. The dwelling unit should have a water heater of sufficient capacity to serve present and anticipated future residents. Further, they should not be allowed in bathrooms, bedrooms, sleeping rooms or closets. 2. Hot and cold water should be supplied to all kitchens, baths and laundry facilities. 3. All water lines should be protected from freezing. F. INTERIOR AIR QUALITY - The dwelling/dwelling unit should be free of pollutants in the air at levels that threaten the health of the occupants. ACCEPTABILITY CRITERIA 1. The dwelling/dwelling unit shall be free from dangerous levels of air pollution from carbon monoxide, sewer gas, fuel gas, dust and other harmful air pollutants. 2. Air circulation shall be adequate throughout the dwelling/dwelling unit. 3. Bathroom areas shall have at least one operable window or other adequate exhaust ventilation. INTERPRETATION OF ACCEPTABILITY CRITERIA 1. All gas or oil fired appliances should have proper venting to the outside of the dwelling/dwelling unit for combustion gases. 2. All windows designed to open should be capable of being easily opened, provided with the proper window hardware to make them operable, and provided with screens properly installed and maintained. 3. Kitchen areas should also have proper ventilation. G. ILLUMINATION AND ELECTRICITY - Each room shall have adequate natural or artificial illumination to permit normal indoor activities and to support the health and safety of the occupants. Sufficient electrical sources shall be provided to permit use of essential electrical appliances while assuring safety from fire. ACCEPTABILITY CRITERIA 1. Living and sleeping rooms shall include at least one window. 2. A ceiling or wall -type light fixture shall be present and working in the bathroom and kitchen areas. 3. At least two electric outlets, one of which may be an overhead light, shall be present and operable in the living area, kitchen and each bedroom area. INTERPRETATION OF ACCEPTABILITY CRITERIA 1. No additions not performed in a workman -like manner 1. A ceiling or wall fixture, operated by a wall switch should be present in the kitchen, bath and hallways. 2. All outlets installed as a result of the rehabilitation work should be of the grounded type. 3. Each unit should be provided with a least 100 amp service and a sufficient number of circuits to service present and anticipated future use of the: • There should be separate circuits for any air conditioners (including window type), furnaces, electric dryers, electric stoves, microwaves and any other special appliances. • There should be two separate 20-amp circuits (minimum) for the heavy workload area in the kitchen, and all kitchens should be wired to the National Electric Code (NEC), based on the size and layout of each individual kitchen. • With the exception of kitchens (see b. above), all other rooms should be assessed relative to their use of electricity and additional outlets and/or switches installed based on usage and safety factors. • Electrical outlets in the bathrooms and kitchens should have an overload switch. 4. Connection at the main service to the unit should be in an acceptable manner. 23 Attachment 2: National City F1'HB Assistance Program Manual • Placement of the connection should be out of the reach of children, • Proper anchoring should be used. 6 All defective exposed "knob & tube" wiring should be removed. It is recommended that any additional exposed "knob & tube" also be removed and replaced in conduit to prevent splicing and/or unsafe usage. 7. All hazardous conditions such as broken switches/outlets, missing covers, bare wiring, fixtures not properly installed/anchored should be repaired/replaced in an acceptable manner. It is recommended that all "pendant" type fixtures be replaced with an appropriate ceiling/wall fixture. 8. Although though a room may meet acceptability criteria #3 above, if the inspection reveals the use of octopus plugs, adapters, extension/zip cords and/or other unsafe practices, additional outlets should be installed. H. THERMAL ENVIRONMENT - The dwelling/dwelling unit shall have and be capable of maintaining a thermal environment healthy for the human body. ACCEPTABILITY CRITERIA 1. The dwelling/dwelling unit shall contain safe heating and cooling facilities, which are in proper operating condition and can provide adequate heat and/or cooling to each room in the dwelling/dwelling unit appropriate for the climate to insure a healthy living environment. 2. Unvented room heaters that bum gas, oil or kerosene are unacceptable. INTERPRETATION OF ACCEPTABILITY CRITERIA 1. All parts of the venting system for central heating/cooling units should be in proper working condition. For example: • Vent pipes should be free of rust and be properly maintained. • Where vent pipes are connected to a masonry chimney, that chimney should be properly maintained so that all mortar joints are tightly sealed. 2. No additions. 3. The attic should be insulated to a rating of R-30 with acceptable insulation material. Where cellulose is used, it should be tested for fire protection. Cellulose bags should be labeled with acceptable ratings derived from flame -spread tests. 4. Weather stripping should be applied as needed around all doors and windows. 5. Storm windows and doors should be installed whenever possible. 6. Any inside walls that are on an exterior wall, if opened down to the studs during the course of the rehabilitation, should be fully insulated with an acceptable insulation material. 7. All joints in the building envelope should be caulked/sealed. All brittle or loose caulking should be replaced. 8. Supply and return heating/air-conditioning ducts should be insulated whenever they run through unheated areas/spaces. 9. It is strongly recommended that whenever space heaters and/or floor furnaces are used, they be replaced with a properly installed more efficient central heating/cooling system. I. SANITARY FACILITIES - The dwelling/dwelling unit shall include its own sanitary facilities, which are in proper operating condition, can be used in privacy, and are adequate or personal cleanliness and the disposal of human waste. ACCEPTABILITY CRITERIA 1. A flush toilet in a separate, private room; a fixed basin with hot and cold running water; and a bathtub and/or shower with hot and cold . running water, shall be present in the dwelling/dwelling unit, and shall be fully operational. 2. These facilities shall utilize an approved public or private disposal system. 24 Attachment 2: National City FTHB Assistance Program Manual INTERPRETATION OF ACCEPTABILITY CRITERIA 1. The toilet, basin, and tub or shower should all be located in the same room, if at all possible. 2. Where a public sewage system is not used, documentation in the file should show where the appropriate health agency has approved the disposal system. J. SPACE AND SECURITY - The dwelling/dwelling unit shall afford the family adequate space and security. ACCEPTABILITY CRITERIA 1. A living room, kitchen area, and bathroom shall all be present. 2. The dwelling/dwelling unit shall contain at least one sleeping or living/sleeping room of appropriate size for each two persons. 1. Exterior doors and windows accessible from outside the unit shall be lockable. 2. Each dwelling/dwelling unit should have smoke detectors. Where bedrooms are located on more than one floor of a structure, smoke detectors should be installed on each floor. It is recommended that all smoke detectors be U.L. approved and be hard -wired. U.L. approved battery type or a combination electric/battery type may also be used. INTERPRETATION OF ACCEPTABILITY CRITERIA 1. No additions K. FOOD PREPARATION AND REFUSE DISPOSAL - The dwelling/dwelling unit shall contain suitable space and equipment to store, prepare and serve foods in a sanitary manner. There shall be adequate facilities and services for the sanitary disposal of food waste and refuse, including facilities for temporary storage where necessary. ACCEPTABLE CRITERIA 1. The unit shall contain the following equipment in operating condition: 1) cooking stove or range, 2) refrigerator or appropriate size for the unit supplied by either the owner or the tenant/family, and 3) kitchen sink with hot and cold running water. 2. The sink shall drain into an approved public or private system. 3. Adequate space for the storage, preparation and serving of food shall be provided. 4. There shall be adequate facilities and services for the sanitary disposal of food waste and refuse, including facilities for temporary storage where necessary (i.e. garbage cans). INTERPRETATION OF ACCEPTABILITY CRITERIA 1. No additions made without City permits and not performed in a workman -like manner. 2. Food storage space should be in the form of cabinets and/or pantry type storage. Food preparation space should be in the form of counters or other horizontal workspace. 3. No additions. L. SANITARY CONDITION - The unit and its equipment shall be in sanitary condition. ACCEPTABILITY CRITERIA 1. The unit and its equipment shall be free of vermin and rodent infestation. INTERPRETATION OF ACCEPTABILITY CRITERIA 1. No additions not made without City permits 25 Attachment 2: National City VI'HB Assistance Program Manual APPENDIX E SHARED EQUITY EXAMPLE NOTE: The following example assumes an initial (a) Gross Sales Price of $150,000 (b), Net Sales Price of $135,000 ($150,000 minus 10% seller fees), (c) 15` mortgage balance of $100,000 and City 2nd of $25,000 (d), Total Equity of $10,000 (b-c), and a City loan of $25,000.00 at a 0% interest rate, with an APR of 0%. The table is for the purpose of illustration only. Actual sales price and net sales price will vary. The principal amount of the loan remains due. # Months After Date Of Agreement Gross Sales Price (a) Net Sales Price (b) (a-10% fee) Mortgage Balances ( c ) (1st $100k & 2" $25K) Total Equity ( d ) ( b-c ) Buyer's Equity Share Increases 5% Per year City of Chula Vista's Equity Decreases 5% per year 0-12 $150,000 $135,000 $125,000 $10,000 $5,000 (50%) $5,000 (50%) 13-24 $155,000 $139,500 $125,000 $14,500 $7,975 (55%) $6,525 (45%) 25-36 $155,000 $139,500 $125,000 $14,500 $8,700 (600/o) $5,800 (40%) 37-48 $160,000 $140,000 $125,000 $15,000 $9,750 (65%) $5,250 (35%) 49-60 $160,000 $140,000 $125,000 $15,000 $10,500 (70%) $4,500 (30%) 61-72 $165,000 $148,500 $125,000 $23,500 $17,625 (75%) $5,875 (25%) 73-84 $165,000 $148,500 $125,000 $23,500 $18,800 (80%) $4,700 (20%) 85-96 $170,000 $153,000 $125,000 $28,000 $23,800 (85%) $4,200 (25%) 97-108 $170,000 $153,000 $125,000 $28,000 $25,200 (90%) $2,800 (10%) 109-120 $175,000 $157,500 $125,000 $32,500 $30,875 (95%) $1,625 (5%) Thereafter $175,000 $157,500 $125,000 $32,500 $32,500 (100%) $0 (0%) In this example, the finance charge could vary between $1,625 and $6,525. Your amount will differ, depending upon gross sales price, net sales price, the amount of equity, and the number of months after the date of agreement that the sales occurs. If the Property is sold in the first year of the term of the Note secured by this Deed of Trust, Borrower shall receive fifty percent (50%) of the Equity in the Property and the City shall receive fifty percent (50%) of the Equity. "Equity" is defined as the dollar amount that constitutes the difference between the sales price of the Property and the sum of the following amounts: 1. Principal on the First Note and the Deed Trust; and 2. Principal on this Second Note and Deed of Trust to the City of National City; and 3. All costs of sales, including cost of brokers' commissions, escrow fees, title costs and fees, recording cost, etc.; and 4. Current year taxes, including all real estate taxes calculated to the date of sale; and 5. Borrower's down payment not including the loan from the City to Borrower; and 6. All principal paid down on the First Note and Deed of Trust; and 7. Costs of any improvements to the Property provided such improvements were approved by the City prior to construction and provided that such improvements have been documented to the satisfaction of the City. The amount of the Borrower's share in the equity of the Property shall increase by five percent (5%) per year, measured on the anniversary date of this Deed of Trust. Correspondingly, the 26 Attachment 2: National City FTHB Assistance Program Manual City's share in the equity of the Property shall decrease by five percent (5%) per annum. For the sake of example, if the Property is sold more than (5) but less than six (6) years after the date of this Deed of Trust, the City would have a twenty-five percent (25%) share in the Equity and the Borrower would have a seventy five percent (75%) share in the Equity of the Property. In the event that no Equity exists at the time of transfer or sale, the HOME funds (item lb above) will still be due and payable. In the event that a negative Equity situation exists, and the full amount of the HOME funds are not available to be recaptured, the amount of HOME funds required to be repaid to the City will be as set forth in 24 CFR 92.254(a)(ii)(A)(3). The formulas are as follows: HOME investment X Net proceeds = HOME amount to be recaptured HOME investment + homeowner investment Homeowner investment X Net proceeds = Amount to homeowner HOME investment + homeowner investment "HOME investment" is defined as funds received pursuant to the HOME Investment Partnership Program. "Homeowner investment" is defined as the amount of down payment and capital improvements made by the owner since purchase. 27 Attachment No.3 AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND COMMUNITY HOUSINGWORKS REALTY & LENDING, INC. This agreement ("Agreement"), is entered into this 22ntl day of June, 2010, by and between the City of National City, a municipal corporation (the "City"), and Community HousingWorks Realty & Lending, Inc., a 501(c)3 non-profit public benefit corporation (the "Subrecipient"). RECITALS WHEREAS, the City receives an annual allocation of Home Investment Partnerships ("HOME") program funds from the U.S. Department of Housing and Urban Development ("HUD") and has made an allocation of funds to establish a first time homebuyer down payment and closing cost assistance program ("Program"); and WHEREAS, the City has appropriated $358,090.00 in Fiscal Year 2010 and $296,989.00 in Fiscal Year 2011 to assist low-income First Time Homebuyers at or under 80% of Area Median Income by providing assistance in the form of a silent second mortgage loan of 20% of the purchase price up to $40,000; and WHEREAS, the City has selected the Subrecipient through a Request for Proposal process to provide professional consultant services to assist the City in managing a first time homebuyer down payment and closing cost assistance program due to the Subrecipient's intimate knowledge of and extensive experience in HOME funded down payment program administration and loan servicing; and WHEREAS, the City has determined that the Subrecipient has the experience, adequate staff capacity, and ability to deliver the services desired by the City in a professional and timely manner, and the Subrecipient is willing to perform such services; NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF SUBRECIPIENT. The City hereby agrees to engage the Subrecipient and the Subrecipient hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The Subrecipient represents that all services required hereunder will be performed directly by the Subrecipient or under direct supervision of the Subrecipient. 2. SCOPE OF SERVICES. The express purpose of this Contract is for the City to provide the Subrecipient with SIX HUNDRED FIFTY FIVE THOUSAND SEVENTY NINE AND NO/100 DOLLARS ($655,079.00) of HOME Program funds. All funds shall be used by Subrecipient solely to directly assist 15 to 20 low-income homebuyers purchase a home through the provision of a second mortgage loan. The Subrecipient will perform services as set forth in the attached Exhibit "A" entitled Scope of Work and the National City First Time Homebuyer Assistance Program Manual, Exhibit "B", that provides a detailed description of the use of HOME funds under this Agreement including a description of the project, roles and responsibilities, performance standards, affordability, project requirements, and property standards. The Subrecipient 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 Subrecipient shall appear at Program related meetings and provide reports as cited in Exhibit "A" to keep staff and City Council advised of the progress on the Program. The City may unilaterally, or upon request from the Subrecipient, from time to time reduce or increase the Scope of Services to be performed by the Subrecipient under this Agreement. Upon doing so; the City and the Subrecipient 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 5% from the base amount. Subrecipient closed loan and annual service fees are subject to a 3% annual increase on the anniversary date of contract. 3 PROJECT COORDINATION AND SUPERVISION. Carlos Aguirre, Community Development Specialist II, is hereby designated as the Program Coordinator for the City and will monitor the progress and execution of this Agreement. The Subrecipient shall assign a single Program Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the Subrecipient. Dee Sodano, Assistant Vice President of Lending is hereby designated as the Program Director for the Subrecipient_ 4 COMPENSATION AND PAYMENT. The compensation for the Subrecipient shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and materials, if any. The total cost for all work described in Exhibit "A" shall not exceed the schedule given in Exhibit "A" without prior written authorization from the City's Community Development Department Executive Director. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A" as determined by the City. The Subrecipient 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 five (5) 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 Subrecipient and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the Subrecipient in this Agreement, the City or the Subrecipient shall give to the other written notice. Within ten (10) business days, the Subrecipient and the City shall each prepare a report which supports their position and file the same with the other party. _The City shall, with HOME Program Subrecipient Agreement National City First Time Homebuyer Assistance Program Page 2 of 15 reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the Subrecipient. 6. LENGTH OF AGREEMENT. This contract begins on the date that it is executed, with all funds being committed within twenty-two (22) months of the execution date. All loans are to be funded within twenty-four (24) months of the execution date of this Contract. 7 DISPOSITION AND OWNERSHIP OF DOCUMENTS. All reports, studies, information, data, statistics, forms, designs, plans, and procedures, systems and any other materials or properties produced under this agreement shall be the sole and exclusive property of the City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights, or patent rights by the Subrecipient in the United States or in any other country without the express consent of the City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint ventures with one another. Neither the Subrecipient nor the Subrecipient'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, unemploy- ment, or workers' compensation insurance. This Agreement contemplates the personal services of the Subrecipient and the Subrecipient'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 Subrecipient and its employees. Neither this Agreement nor any interest herein may be assigned by the Subrecipient without the prior written consent of the City. Nothing herein contained is intended to prevent the Subrecipient from employing or hiring as many employees, or subcontractors, as the Subrecipient may deem necessary for the proper and efficient performance of this Agreement. All agreements by Subrecipient with its subcontractor(s) shall require the subcontractor 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 Subrecipient or any of the Subrecipient's employees except as herein set forth, and the Subrecipient expressly agrees not to represent that the Subrecipient or the Subrecipient's agents, servants, or employees are in any manner agents, servants or employees of the City, it being understood that the Subrecipient, its agents, servants, and employees are as to the City wholly independent contractors and that the Subrecipient's obligations to the City are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The Subrecipient, 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 Subrecipient, and each of HOME Program Subrecipient Agreement National City First Time Homebuyer Assistance Program Page 3 of 15 its subcontractors, 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 Subrecipient represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The Subrecipient represents and covenants that the Subrecipient 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 Subrecipient to practice its profession_ 12. STANDARD OF CARE. A. The Subrecipient, 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 Subrecipient's trade or profession currently practicing under similar conditions and in similar locations. The Subrecipient shall take all special precautions necessary to protect the Subrecipient'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 Subrecipient 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 Subrecipient's professional performance or the furnishing of materials or services relating thereto. C. The Subrecipient is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the Subrecipient 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 Subrecipient has notified the City otherwise, the Subrecipient 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 Subrecipient to use due diligence under this sub -paragraph will render the Subrecipient 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 Subrecipient 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 Subrecipient 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 Subrecipient 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 Subrecipient certain confidential information to enable the Subrecipient to effectively perform the services to be provided herein. The Subrecipient shall treat all such HOME Program Subrecipient Agreement National City First Time Homebuyer Assistance Program Page 4 of 15 information as confidential and shall not disclose any part thereof without the prior written consent of the City. The Subrecipient 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 Subrecipient, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the Subrecipient without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the Subrecipient 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 Subrecipient 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 Subrecipient 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. Subrecipient 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 Subrecipient 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 Subrecipient's negligent performance of this Agreement. 16. WORKERS' COMPENSATION. The Subrecipient 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 Subrecipient under this Agreement. 17. INSURANCE. The Subrecipient, at its sole cost and expense, shall purchase and maintain, and shall require its Contractors, 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"). HOME Program Subrecipient Agreement National City First Time Homebuyer Assistance Program Page 5 of 15 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 Subrecipient 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. 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 Subrecipient 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. 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 Subrecipient 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 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. HOME Program Subrecipient Agreement National City First Time Homebuyer Assistance Program Page 6 of 15 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA') before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the City. Termination without cause shall be effective only upon 60-day's written notice to the Subrecipient. During said 60-day period the Subrecipient 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 Subrecipient 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 Subrecipient 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 Subrecipient, whether paper or electronic, shall immediately become the property of and be delivered to the City, and the Subrecipient 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 Subrecipient'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 Subrecipient; (2) a reorganization of the Subrecipient for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the Subrecipient. 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, HOME Program Subrecipient Agreement National City First Time Homebuyer Assistance Program Page 7 of 15 direction or other communication delivered or sent as specified above shall be directed to the following persons: To the City: To the Subrecipient: Alfredo Ybarra Community Development Manager City of National City 1243 National City Boulevard National City, CA 91950-4301 Gabe del Rio Senior Vice President of Lending 4305 University Ave, Suite 300 San Diego, CA 92105 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 Subrecipient 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 Subrecipient also agrees not to specify any product, treatment, process or material for the project in which the Subrecipient has a material financial interest, either direct or indirect, without first notifying the City of that fact_ The Subrecipient shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The Subrecipient 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 Subrecipient has a financial interest as defined in Government Code Section 87103. The Subrecipient 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 Subrecipient shall comply with all of the reporting require- ments of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the Subrecipient 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 Subrecipient shall obtain from the City Clerk. The Subrecipient 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 22 by the Subrecipient. HOME Program Subrecipient Agreement National City First Time Homebuyer Assistance Program Page 8 of 15 23. HOME PROGRAM SUBRECIPIENT PROVISIONS. A. Use of HOME Funds. The HOME funds will be used to deliver a loan assistance program that will assist approximately 15-20 First-time Homebuyers and more as additional funds are made available for the Program. Exhibit "A" and the National City First Time Homebuyer Program Guidelines, Exhibit "B" provide a detailed description of the use of HOME funds under this Agreement. B. Affordability Period and Recapture. The loan must meet the HOME Program minimum affordability requirement of no less than 10 years for loans up to $40,000.00. The full amount of principal will be recaptured from the homebuyer during the 10 year affordability period if the property is transferred or sold. C. Affirmative Marketing Procedures. The Subrecipient shall adopt affirmative marketing procedures and requirements for all HOME assisted housing in compliance with 24 CFR § 92.351, as well as City's affirmative marketing responsibilities. Affirmative marketing steps consists, at a minimum, of actions to provide information and otherwise attract eligible persons from all racial, ethnic, and gender groups in the housing market area to the available housing assistance program The procedures and requirements must include methods for informing the public and owners about fair housing laws and policies so as to ensure that all individuals, without regard to race, color, national origin, religion, or sex are given an equal opportunity to participate in the program. The Subrecipient shall be solely responsible for the effective marketing responsibilities necessary to achieve Subrecipient's production goals set forth in Paragraph 2. D. Environmental Review. The City has assessed the activities carried out under this agreement in accordance with the provisions of the National Environmental Policy Act of 1969 (NEPA) and the related authorities listed in HUD's implementing regulations at 24 CFR parts 50 and 58. The City has determined that the activities described in the Scope of Work are exempt from environmental review as described at 24 CFR part 58.35(b)5. D. Displacement, Relocation, and Acquisition. The City will not provide financial assistance to any housing unit that is tenant occupied. To insure compliance with 24 CFR § 92.353, the Subrecipient and seller, and buyer will certify that any real property selected for HOME assistance is either owner -occupied or vacant three months before an offer to purchase is accepted by the seller. E. Procurement. Unless specified otherwise within this agreement, the Subrecipient shall procure all materials, property, or services in accordance with the requirements of 24 CFR 84.40-48. The Subrecipient will follow their written policy for procurement. F. HOME Program Conflict of Interest. No member, officer or employee of County or its designees or agents; no member of the governing body of the locality in which the Program is situated; and no other public official of such locality or localities, who exercises any functions or responsibilities with respect to the program funded hereunder during their tenure or for one year thereafter, shall have any interest, direct or indirect, in any Contract or subcontract, or the proceeds thereof, for work to be performed hereunder. Subrecipient agrees to incorporate, or cause to be incorporated, like language prohibiting such interest in all contracts and subcontracts hereunder. No officer, employee, member or program participant of HOME Program Subrecipient Agreement National City First Time Homebuyer Assistance Program Page 9 of 15 Subrecipient its contractors or its subcontractors shall have a financial interest, direct or indirect, in this Contract or the monies transferred hereunder or be financially interested, directly or indirectly, in the sale to Subrecipient of any land, materials, supplies or services purchased with any funds transferred hereunder, except on behalf of Subrecipient, as an officer, employee, member or program participant. Any willful violation of this paragraph with the knowledge, expressed or implied, of Subrecipient or its subcontractors shall render this Contract voidable by County. G. Lead -Based Paint Hazards. The Subrecipient agrees that any residential structures with assistance provided under this Agreement shall be subject to HUD Lead -Based Paint Regulations at 24 CFR Part 92.355. Such regulations pertain to all HOME -assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead -based paint. Such notification shall point out the hazards of lead -based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead -based paint poisoning and the advisability and availability of blood lead level screening for children under seven. The notice should also point out that if lead -based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. H. Flood Disaster Protection_ In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001), the Subrecipient shall assure that for activities located in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). Use and Reversion of Assets. If any assets purchased with HOME funds are sold, the proceeds will be considered as program income and will be used for eligible activities. J. Program Income. All program income produced or funds recaptured under this Contract Agreement and obtained by the Subrecipient shall be retained and revolved to fund new Program loans by the Subrecipient. The Subrecipient shall revert to the City any accounts receivable (outstanding loan balances) attributable to the use of funds under this agreement at the time of cancellation, expiration, or termination. K. Program Monitoring. In accordance with 24 CFR § 92.254, the City will monitor, no less than one (1) time per year, client eligibility for each assisted project. Each review shall also include, but not be limited to on -site inspections to determine compliance with all applicable property codes and standards. Subrecipient shall fully cooperate with the City in monitoring the effectiveness and work performed by the Subrecipient in compliance with the terms of the Agreement. City shall have access at a reasonable hour to all offices and records (dealing with the use of funds that are the basis of this Agreement) of Subrecipient, it officers, directors, agents, employees, and subcontractors for the purposes of such monitoring. City shall give Subrecipient reasonable notice for accessing offices and records. HOME Program Subrecipient Agreement National City First Time Homebuyer Assistance Program Page 10 of 15 L. Uniform Administrative Requirements. Subrecipient agrees to comply with the HOME requirements 24 CFR § 92.505 and the requirements and standards of OMB Circular A-122, "Cost Principles for Non -Profit Organizations" and with the following Attachments to OMB Circular No. A-110 and any changes to either Circulars. It is understood that all items below may not be applicable to Subrecipient's operations: 1. Attachment A, "Cash Depositories," except for Paragraph 4 concerning deposit insurance; 2. Attachment B, "Bonding and Insurance"; 3. Attachment C, "Retention and Custodial Requirements for Records"; 4. Attachment F, "Standards for Financial Management Systems"; 5. Attachment H, "Monitoring and Reporting Program Performance," paragraph 2; 6. Attachment N, "Property Management Standards," except for paragraph 3 concerning the standards; 7. Attachment 0, "Procurement Standards"; and 8. Attachment P, "Audit Requirements." Audits must be conducted in accordance with 24 CFR Part 44 and OMB Circular A-133. M. Retention of Records. Subrecipient agrees to keep or cause to be kept an accurate record of all actions taken and all funds expended, with source documents, in the pursuit of the objectives of the performance of this Agreement. Such records shall be kept for a minimum of five (5) years beyond the close of this Contract. Subrecipient also agrees to obtain and keep on file and available for inspection by City the following information on each household assisted under this Agreement: A. annual income and size of the household; B. ethnic group of the client; C. whether the head of household is male or female; D. additional statistical information as may be required by HUD regulations and any amendments thereto; E. proof the subject property meets the applicable property standards F. the total per unit amount of HOME dollars invested; G. the compliance with the affirmative marketing requirements and existence of acceptable procedures; H. compliance with relocation requirements; I. minority and female -owned business data, and affirmative fair housing actions; J. compliance with lead based paint regulations and guidelines; K. compliance with conflict of interest rules; and I. evidence the income targeting requirements are met. N. Enforcement of the Agreement. If assisted housing does not meet the applicable requirements under 24 CFR § 92.254 the funds provided to the assisted project must be repaid to the Subrecipient within 30 days of failure to comply. Specific property recapture provisions to maintain the principal residency period must be stated in the HOME agreement between the homebuyer and the Subrecipient and filed of public record at the close of escrow. HOME Program Subrecipient Agreement National City First Tirne Homebuyer Assistance Program Page 11 of 15 O. Hatch Act. The Subrecipient agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. P. Conflict of Interest. The Subrecipient agrees to abide by the provisions of 24 CFR 84.42 and 570.611, which include (but are not limited to) the following: a. The Subrecipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of contracts supported by Federal funds. b. No employee, officer or agent of the Subrecipient shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved c. No covered persons who exercise or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision -making process or gain inside information with regard to such activities, may obtain a financial interest in any contract, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, or with respect to the proceeds from the CDBG-assisted activity, either for themselves or those with whom they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a "covered person" includes any person who is an employee, agent, consultant, officer, or elected or appointed official of the Grantee, the Subrecipient, or any designated public agency. Q. Lobbying. The Subrecipient hereby certifies that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement; b If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and HOME Program Subrecipient Agreement National City First Time Homebuyer Assistance Program Page 12 of 15 c. It will require that the language of paragraph (d) of this certification be included in the award documents for all sub awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly: d. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S.C. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure R. Conditions for Religious Organizations If applicable, the Subrecipient must meet the conditions in 24 CDF Part 92.257 regarding the use of HOME funds involving a primarily religious entity. S. Closeout. HOME funds will be closed out in accordance with procedures established by HUD. 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 he deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California_ Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative HOME Program Subrecipient Agreement National City First Time Homebuyer Assistance Program Page 13 of 15 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. 24. ATTACHMENTS TO THE SUBRECIPIENT AGREEMENT Exhibit A: Scope of Work Exhibit B: National City First Time Homebuyer Assistance Program Manual Exhibit C. Subrecipient Insurance HOME Program Subrecipient Agreement National City First Time Homebuyer Assistance Program Page 14 of 15 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY COMMUNITY HOUSINGWORKS REALTY & LENDING, INC By: By: Ron Morrison, Mayor Susan M. Reynolds APPROVED AS TO FORM: Its: President By: George H_ Eiser, III Gabe del Rio City Attorney Its: Sr. Vice President HOME Program Subrecipient Agreement National City First Time Homebuyer Assistance Program Page 15 of 15 National City First -Time Homebuyer Assistance Community HousingWorks Realty & Lending Scope of Work, Exhibit "A" EXHIBIT "A" SCOPE OF WORK Program Design and Scope for the National City Homebuyer Assistance Program CHW R & L will provide a unique and experienced system, called full -cycle -lending, that will promote, educate, counsel and assist first time homebuyers (FTHB) through the entire process. For new buyers, mortgage banking is unfamiliar and often complicated. In the traditional environment, FTI IBs are often shuffled around and present as easy targets to be taken advantage of. Our comprehensive first time home buyer program ensures that these vulnerable new buyers are educated, prepared, and qualified to purchase a new home. With the surge of Foreclosures and Notices of Default, CHWR & L has strengthened our Post Purchase counseling services with 16 new FT positions and link to a national hotline for triage services for our clients. CHWR & L's staff, whether from Counseling to Loan Servicing, are highly trained and certified in their fields. CHWR & L is consistently recognized on a national level for our expertise and best practices. The approach to the National City Ilomebuycr Assistance Program in meeting the lending needs of FTHBs through a uniquely enhanced service delivery model is outlined below: • Outreach: CHWR & L will provide neighborhood outreach via flyers and brochures in various locations of high civic traffic in the City of National City Homebuyer Assistance Program on a quarterly basis. All of our County -wide marketing materials, event participation and orientation seminars will include the information on the National City Homebuyer Assistance Program. • Education: CIIWR & L will continue to provide our 8+hour HUD and NeighborWorks Certified Horne Buyer Education in English and Spanish for interested residents of National City Homebuyer Assistance Program, with an increase of at least two classes per year in a National City location. Classes are also held in our City Heights office, just a 10 rninute drive from National City almost every Saturday all year long. We welcome the City to refer any interested agencies and organizations to CHWR & L to co -brand or organize a class in National City. (National City Homebuyer Assistance Program Specific reports provided quarterly.) Counseling: CIIWR & L will continue to provide Pre and Post -Purchase Counseling to residents of National City Homebuyer Assistance Program at no charge. With the addition of this contract, CHWR & L will monitor all National City Homebuyer Assistance Program loan program portfolio clients and provide specialized outreach for loss mitigation and homeownership preservation. • Lending: CHWR & L will administer the National City Homebuyer Assistance Program homeownership loan program according to the program guidelines provided. This will include taking applications for the program, underwriting, loan document preparation and loan closing. CHWR & L will provide one-on-one in person client intake and applications for the National City Iomebuyer Assistance Program down -payment assistance applicants, while leveraging the City's funds by pre -qualifying the client for any and all other assistance possible through CHWR & L if available and if necessary. 1 National City First -Time Homebuyer Assistance Community HousingWorks Realty & Lending Scope of Work, Exhibit "A" Pre -qualification group appointments will be made after a client has graduated any 8-hour HUD certified Home Buyer Education course offered by most HUD approved agencies. o National City may choose to retain the funds until loan closing and billing from CHWR & L for reimbursement and payment, OR National City may choose to forward the loan funds to CHWR & I. for restricted-use/investor account management. o Enumeration to CHWR & L for lending, counseling, education and all other services provided to clients by CHWR & I, will be paid by the City of National City Homebuyer Assistance Program at such a time and rate as $1,350 per closed loan. (Billed within 30 days of loan closing) o The only suggestion that CHWR & L would make to the National City Homebuyer Assistance Program would be to use simple interest rather than shared equity so that the loan can be used with far more 1 S` mortgage programs, such as CalHFA or other affordable first loans. In any case we are happy to manage the program as presented, and provide feedback if the changes are necessary for the program's success. Home Buyer Education (HBE) Financial Fitnesa Pre=Purchese'Gounseling '` Loan Application aheti Pre, -Approval„ Property,- Search Loan Closing Horne'0wnershjpl 2 CLIENT FLOW: 1. Client calls for information and is referred to take CI-IWR & L or any other HUD certified HBE and/or Financial Fitness training. 2. Client schedules a Group Pre -qualification Counseling appointment with CHWR & L for a Pre - Purchase Counseling session and Pre - Qualification. 3. Mortgage -ready applicants are offered choices for 1st mortgage Lenders and the Loan Application Process begins. 4. CI-IWR & L underwrites all applications to program guidelines, taking all approved transactions through closing. National City First -Time Homebuyer Assistance Community HousingWorks Realty & Lending Scope of Work, Exhibit "A" Objective Activities Timeline / Reports & Billing Staff Provide outreach materials and offers for orientation sessions throughout high- civic traffic locations in National City Hornebuyer Assistance Program in both English and Spanish. 1) Quarterly distribution of flyers and brochures highlighting the program and upcoming events/opportunities in locations around C.V. such as; Housing Dept, Libraries, Bill Payment, Municipal Bldgs. 2) Provide Orientations Seminars to all interested groups in the area 3) Participate in all appropriate fairs and community events •Quarterly • Production Report Quarterly • HOC Assistant • Home Buyer Education Team Provide Home Buyer Education classes and subsequent pre- qualification rallies each week in City Heights and alternating off- sites through the County. At least 2 classes per year will be held in National City Homebuyer Assistance Program • Ongoing (3- 5/month) • Production Report Quarterly • Ilomc Buyer Education Team • Director of Education and Counseling • Client Services Coordinator Educate National City Homebuyer Assistance Program families on the process of homeownership through our HUD certified Home Buyer Education in English and Spanish. Provide both Pre and Post Purchase Counseling to residents of National City Homebuyer Assistance Program in both English and Spanish. 1) Pre -Purchase counseling provided to all HBE graduates. 2) Post -purchase counseling provided to National City Homebuyer Assistance Program homeowners with targeted efforts to National City Hornebuyer Assistance Program loan portfolio clients • Ongoing • Production Report Quarterly • AVP of Education and Counseling • Senior Client Services Coordinator Administer FTHB-HOME Down -payment Assistance Loan Programs according to guidelines. 1) Applications taken through pre - qualification sessions in CHWR & L office offered by appointment to HUD -certified graduates of Home Buyer Ed. 2) Underwriting, closing and funding provided by CHWR & L. • Ongoing • Production Report Quarterly • Billing upon loan closing • AVP Lending • Loan Coordinator/Closer • Loan Underwriter Special Post -Purchase Foreclosure Prevention Efforts for National City Homebuyer Assistance Program. 1) Priority given for face-to-face counseling sessions for National City Homebuyer Assistance Program residents. 2) Special outreach using Ad Council campaign for National City Homebuyer Assistance Program residents. 3) Joint outreach efforts with city billing de artments. • Ongoing • Quarterly reporting • AVP Lending • HOC Assistant • Client Services Coordinator • AVP of Education and Counseling - 3 - National City First -Time Homebuyer Assistance Community HousingWorks Realty & Lending Scope of Work, Exhibit "A" Program Budget • $1,350.00 fee per closed loan to CHWR & L for all outreach, counseling, education and lending services associated with that loan and client, with a 3% annual increase on loan and program fees. • Annual Services Fee of $13,000.00 for program set up and origination of CHWR & L / National City Homebuyer Assistance Program Loan Program, guidelines and lender training, Special Post Purchase Program for National City Homebuyer Assistance Program, Education, Counseling, and Quarterly Outreach Materials throughout National City Homebuyer Assistance Program. ■ Initial capital for lending National City Homebuyer Assistance Program FTHB funds program or a $35 per loan fee (wiring fee) if CI IWR & L provides initial funds for loan with a "net 30" due after funding of total loan amount extended by CHWR & I,. • $50 per loan annual servicing fee for years 2-onward, 15( year's fee covered by $750 one- time setup fee for each new loan originated and serviced by CHW on behalf of National City. Servicing with include the annual occupancy certification as well as all loan set up fees, lifetime post purchase / default counseling as well as post purchase credit and loan underwriting, skip tracing and collections (if necessary) and recommendations to the City of National City on all options in the event of default. Reporting ■ Quarterly Production and Activity Reports for all of National City Homebuyer Assistance Program on: o General Outreach (including locations) o Home Buyer Education Graduates o Pre -Purchase Counseled Clientele o Post -Purchase Counseled Clientele o National City Homebuyer Assistance Program FTIIB Funds Pipeline Report o Special Foreclosure Prevention Program Updates • Annual or Quarterly Loan Servicing Report for National City Homebuyer Assistance Program Portfolio (if option chosen) • Billing sent monthly along with quarterly reporting and backup. 4 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 22, 2010 AGENDA ITEM NO. 34 EM TITLE: A Resolution of the City Council of the City of National City, Reinstating the 2008 Development Services Group Fees, with adjustments to certain fees. PREPARED BY: Maryam Babak DEPARTMENT: Dever �►it Services PHONE: 336-4383 APPROVED BY: EXPLANATION: On June 16, 2009, City Council adopted Resolution No. 2009-155 which allowed for the temporary reduction for one year in the collection of Development Services Fees in the 2008 Fee Schedule to the lower corresponding fee amounts contained in the 2005 Fee Schedule, and established a fee deposit account for minor conditional use permit applications. Additionally, the Resolution stated that the development services fees will be subject to review by the City Council in one year. The attached Background Report provides fee comparison information for the Development Services Group, proposed fee adjustment for a certain Development Services Group Fees. ANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt Resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. .Resolution 2. Report 3. Development Services Fee Comparisons 4. Council Resolution No. 2009-155 RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REINSTATING THE 2008 DEVELOPMENT SERVICES GROUP FEES WITH ADJUSTMENTS TO CERTAIN FEES WHEREAS, on June 16, 2009, the City Council adopted Resolution No. 2009- 155, which allowed for the one year reduction in the collection of Development Services Fees in the 2008 Fee Schedule to the lower corresponding fee amounts contained in the 2005 Fee Schedule; and WHEREAS, per Resolution No. 2009-155, the Development Services Fees will revert back to the adopted 2008 fees on July 1, 2010, with the exception of certain fees. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes reinstating the 2008 Development Services Group Fees with adjustments to certain fees, as set forth in Exhibit "A". PASSED and ADOPTED this 22nd day of June, 2010. Ron Morrison, Mayor ATTEST: Mike Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Based on Department experience in implementing fees, the following refinements, adjustments and clarifications to certain Development Services Group Fess are suggested. DEVELOPMENT SERVICES DEPARTMENT Building Division Fee From To: Water Heater $177.00 $50 New Door Installation $475.00 $390 Drywall $118.00 $118.00 for the first 500 sq.ft. $9.00 for each additional 100 sq.ft. Re -Roofs 1st 500 sq.ft. $415.00 $260 (tile, shake, comp., metal) Each additional 100 sq.ft. $9.00 $9.00 Additionally, size thresholds will be added to the following items: Patio Covers, per 300 sq.ft. Photovoltaic Systems, per system Siding, per 400 sq.ft. Stucco Applications, up to 400 sq.ft. (Additional stucco application per each 400 sq.ft.) Engineering Division No modifications proposed. Fees will be reinstated to the adopted 2008 Fee Schedule amount. Planning Division Handle all discretionary development, and subdivision permit fees in a similar manner as minor conditional use permits, whereby the applicant would make an initial deposit of 25% of the established fee, in lieu of the full flat. fee amount, and staff would track time spent and withdraw amounts to cover the actual costs incurred in processing the application, but in no case to exceed the reinstated fee amount. Examples: Discretionary Permit Type Reinstated Fee Amount Initial 25% Deposit Amount Conditional Use Permit $7,890. $1972.50 Variance $8,020 $2,005.00 Tentative Subdivision Map $9,940 $2,485.00 Retain the Rebuild/Zoning Letter fee at $75.00. This will assist those homeowners applying for refinancing. All other Document, Miscellaneous, and Sign Permit Fees would be charged at the reinstated fee amount contained in the 2008 Adopted Fee Schedule. Fire Department The "CFC — Other" Fee that was contained in the 2005 Adopted Fee Schedule as "Permits", $349, and omitted in the 2008 Fee Schedule should be reinstated as CFC — Other, in the amount of $349. EXHIBIT "A" Report The report provided with Resolution No. 2009-155 estimated that projected revenue for development services fees with the temporary reduction in the collection of fees to be $298,788. The actual revenue that would have been collected had the fees remained at the 2008 fee amount from July 1 to May 13, 2010 would have been: Fire Department Development Services Department Building Division Engineering Division Planning Division TOTAL $ 10,726.00 $376,824.76 $ 35,285.00 $ 41,506.00 $464,341.76 Details are in Attachment No. 3, Development Services Fee Comparisons. Considerations Per Resolution 2009-155, the fees will revert back to the adopted 2008 Fee Schedule amount on July 1, 2010. These fees are based on an in-depth study of development services fees prepared by the Maximus Group in 2008 with the purpose of determining "full cost recovery" ()lefty staff time spent to review and process development permits. This is consistent with the Council goal of growth paying for growth. Based on Department experience in implementing fees, the following refinements, adjustments and clarifications to certain Development Services Group Fess are suggested. Development Services Department Building Division Staff suggests adjusting downwards, the following reinstated fees: Fee From To: Water Heater $177.00 $50 New Door Installation $475.00 $390 Drywall $118.00 $118.00 for the first 500 sq.ft. $9.00 for each additional 100 sq.ft. Re -Roofs isi 500 sq.ft. $415.00 $260 (tile, shake, comp., metal) Each additional 100 sq.ft. $9.00 $9.00 Additionally, size thresholds will be added to the following items: Patio Covers, per 300 sq.ft., Photovoltaic Systems, per system, Siding, per 400 sq.ft., Stucco Applications, up to 400 sq.ft., Additional stucco application per each 400 sq.ft.) 1 Engineering Division No modifications proposed. Fees will be reinstated to the adopted 2008 Fee Schedule amount. Planning Division Staff suggests handling all discretionary development, and subdivision permit fees in a similar manner as minor conditional use permits, whereby the applicant would make an initial deposit of 25% of the established fee, in lieu of the full flat fee amount, and staff would track time spent and withdraw amounts to cover the actual costs incurred in processing the application, but in no case to exceed the reinstated fee amount. Examples: Discretionary Permit Type Reinstated Fee Amount Initial 25% Deposit Amount Conditional Use Permit $7,890. $1972.50 Variance $8,020 $2,005.00 Tentative Subdivision Map $9,940 $2,485.00 Retain the Rebuild/Zoning Letter fee at $75.00. This will assist those homeowners applying for refinancing. All other Document, Miscellaneous, and Sign Permit Fees would be charged at the reinstated fee amount contained in the 2008 Adopted Fee Schedule. Fire Department Staff suggests that the "CFC Other" Fee that was contained in the 2005 Adopted Fee Schedule as "Permits", $349, and omitted in the 2008 Fee Schedule be reinstated as CFC — Other, in the amount of $349. FEE COMPARISON: FIRE DEPARTMENT DAT 9/15/08 - 06/30/09 and 07/01/09 - 05/12/10 Fee Description Permit Fee Effective 09/15/08 to 06/30/09 Number of Permits Permit Fee Revenue 09/15/08 to 06/30/09 Permit Fee Effective 07/01/09 to 05/12/10 Number of Permits Permit Fee Revenue 07/01/09 to 05/12/10 Permit Fee Revenue Difference 07/01/09 to 05/12/10 Plan Review: Sprinklers/Improvement (less than 20,000 sf) 700.00 14 9,800.00 595.00 8 4,760.00 840.00 Plan Review: Sprinklers/Improvement (20,001 - 45,000 sf) 900.00 0 0.00 761.00 0 0.00 0.00 Plan Review: Sprinklers/Improvement (45,001 - 80,000 sf) 1,300.00 0 0.00 987.00 0 0.00 0.00 Plan Review: Sprinklers/Improvement (80,001 - 100,000 sf) 1,800.00 0 0.00 0.00 1,279.00 1,639.00 0 1 0.00 0.00 Plan Review: Sprinklers/Improvement (100,000 + sf) 2,500.00 0 1,639.00 861.00 987.00 1 987.00 8.00 Plan Review: Sprinklers/New (less than 20,000 sf) 995.00 5 4,975.00 `Olen Review: Sprinklers/New (20,001 - 45,000 sf) 1,004.00 0 0,00 1,279.00 0 0.00 0.00 Plan Review: Sprinklers/New (45,001-80,000 sf) 1,807.00 0 0.00 1,639.00 0 0.00 0.00 Plan Review: Sprinklers/New (80,001 - 100,000 sf) 2,510.00 3 7,530.00 2,097.00 0 0.00 0.00 Plan Review: Sprinklers/New (100,000 + sf) 3,213.00 0 0.00 2,745.00 0 0.00 0.00 Plan Review: Fire Alarm System/Improvement (less than 20,000 sf) 800.00 1,000.00 14 1 11,200.00 1,000.00 398.00 398.00 5 1,990.00 2,010.00 Plan Review: Fire Alarm System/Improvement (20,001 - 45,000 sf) 0 0.00 0.00 Plan Review: Fire Alarm System/Improvement (45,001 - 80,000 sf) 1,300.00 0 0.00 530.00 0 0.00 0.00 Plan Review: Fire Alarm System/Improvement (80,001 - 100,000 sf) 1,500.00 3 4,500.00 662.00 0 0.00 0.00 Plan Review: Fire Alarm System/Improvement (100,000 + sf) 2,000.00 6 12,000.00 858.00 1 858.00 1,142.00 25 17,575.00 270.00 Plan Review: Fire Protection System/Improvement (hood systems/replace piping) 703.00 11 2,970,00 4,763.00 CFC: Canopy (0 - 400 sf) 0.00 0 0.00 0.00 0 0.00 0.00 0.00 0.00 CFC: Canopy (401 - 500 sf) 250.00 0 0.00 250.00 0 CFC: Canopy (501 - 600 sf) 300.00 400.00 1 8 300.00 3,200.00 300.00 1 300.00 0.00 CFC: Canopy (601 - 700 sf) 400.00 0 0.00 0.00 0 CFC: Tent (0 - 200 sf) _ 200.00 0.00 200.00 1 200.00 0.00 CFC: Tent (201 + sf) 400.00 500.00 1 400.00 400.00 3 1,200.00 0.00 1 500.00 UFC: Carnival and Fairs 349.00 1 349.00 151.00 UFC: Contaminated Soil, Remove 349.00 0 0.00 349.00 0 0.00 0.00 1 rtt LUM-'AKIJUN: rIN-tt UtV HK I MtIN DATES: 09/15/08 - 06/30/09 and 07/01/09 - 05/12/10 Fee Description Permit Fee Effective 09/15/08 to 06/30/09 Number of Permits Permit Fee Revenue 09/15/08 to 06/30/09 Permit Fee Effective 07/01/09 to 05/12/10 Number of Permits Permit Fee Revenue 07/01/09 to 05/12/10 Permit Fee Revenue Difference 07/01/09 to 05/12/10 UFC: Fireworks, Barge Loading 451.00 0 0.00 349.00 0 0.00 0.00 UFC: Fireworks, Barge Display 502.00 2 1,004.00 349.00 1 349.00 153.00 UFC: Permits, Other 500.00 0 0.00 349.00 0.00 0.00 UFC: Install Underground Piping on Underground Tank 552.00 0 0.00 349.00 0.00 0.00 UFC: Soil Vapor Extraction Unit 552.00 0 0.00 349.00 0.00 0.00 UFC: Pyro Chem 552.00 0 0.00 349.00 0.00 0.00 Underground Tank Removal 903.00 0 0.00 206.00 0 0.00 0.00 Underground Tank Installation 1,004.00 0 0.00 336.00 0 0.00 0.00 Aboveground Tank Installation 1,004.00 5 5,020.00 206.00 1 206.00 798.00 Aboveground Tank Removal 703.00 0 0.00 206.00 0 0.00 0.00 Malicious False Alarm Response 351.00 0 0.00 176.00 0 0.00 0.00 False Alarm Response 803.00 22 17,666.00 176.00 0 0.00 0.00 Complaints - Noncompliance 401.00 0 0.00 210.00 0. 0.00 0.00 Fire Safety Inspection - Hazardous Occupancy 451.00 0 0.00 148.00 0 0.00 0.00 Fire Safety Re -inspection 251.00 6 1,506.00 148.00 0 0.00 0.00 0.00 PERMIT REVENUE (09/15/08 - 06/30/09) PERMIT $98,176.00 (07/01/09 - 05/12/10) LOST (07/01/09 $15,808.00 $10,726.00 REVENUE PERMIT REVENUE - 05/12/10) 2 Development Services Department Fee Comparison Building Division Fee Description Number of Permits Permit Fee Effective 07/01/09 to 05/03/10 Permit Fee Without Rollback 07/01/09 to 05/03/10 Permit Fee Revenue Difference 07/01/09 to 05/03/10 3 occupancy T.I. 5 4,768.00 23,690.90 18,922.90 Jemolition permit 25 3,641.50 3,706.00 64.5 .electrical permit 142 18,420.05 21,571.00 3,150.95 mechanical permit 171 7,919.40 9,075.00 1,165.60 numbing permit 129 6,133.25 7,029.00 928.55 ;ommercial accessory structure 27 22,397.88 24,510.73 10,919.24 ;ommercial addition 4 4,219.00 7,685.00 5,666.00 iew commercial building 8 20,932.44 47,612.84 26,680.40 wilding commercial reroof 15 9,385.50 15,405.00 6,019.50 )uilding commercial repair/remodel 15 3,870.47 3,591.00 449.35 :ommercial shell building 2 2,630.72 0 7,103.95 >ignage permit 69 16651.31 16540.2 2,836.49 ;ommercial T.I 114 117,855.41 334,246.10 254,559.86 oundation permit 5 1,327.35 1,346.75 19.4 esidential addition 34 10,887.27 12,557.40 5,247.35 esidential carport 5 1,869.37 2,175.00 305.63 esidential reroof 45 6,786.90 23,280.50 16,493.60 esidential garage 6 1061.61 1245 183.39 wilding moving application fee 3 1,789.00 593 118 tew residential structure (sfd/mfd/mobile home/prefab) 62940.59 142388.75 95,000.89 e: d patio cover 12 6,825.00 7,438.00 1,040.20 >uesidential repair/remodel 34 24,842.95 28,225.21 8,549.36 >wimming pool 5 607.65 711 103.35 vater heater permit 6 210 174 -36 Total Permits 881 357,972.62 $734,797.38 $376,824.76 Permit Revenue 7-1-09 to 5-3-10 Permit Revenue Without Rollback Revenue differnece (07/01/09 - 05/03/10) Engineering Division Fee Description Number of Permits Permit Fee Effective 07/01/09 to 05/03/10 Permit Fee Without Rollback 07/01/09 to 05/03/10 vermrt t-ee Revenue Difference 07/01/09 to 05/03110 'arking Permit 120 2,040.00 4,314.00 2,274.00 Jtility Permit 63 28,380.00 56,320.00 27,940.00 Sidewalk Permit 9 1,480.00 2,178.00 698 ;,urb 2 489 594 105 Driveway/Ramp Permit 8 2,235.00 2,970.00 735 Street/Alley Permit 1 396 396 0 3rading 2 496 792 296 :,onstruction Permit 16 4,014.00 6,732.00 2,718.00 Vlisc Permit 3 842 1,188.00 346 Se— °ermit 1 223 396 173 Total Permits 225 40,595.00 $75,880.00 $35,285.00 Permit Revenue 7-1-09 to 5-3-10 Permit Revenue Without Rollback Revenue difference (07/01/09 - 05/03/10) 5 Development Services Department Fee Comparison Planning Division Fee Description Number of Permits Permit Fee Effective 07/01/09 to 05/03/10 Permit Fee Without Rollback 07/01/09 to 05/03/10 Fermis ree Revenue Difference 07/01/09 to 05/03110 1OP 11 220 220 - 3UP 5 3,903.00 7,890.00 3,987.00 Minor CUP 5 975.75 975.75 - 3P/SP Change 2 7,019.00 9,940.00 2,921.00 'Tanned Development Permit 1 3,906.00 7,890.00 3,984.00 tentative Parcel Map 3 1,232.00 6,500.00 5,268.00 tentative Subdivision Map 1 5,809.00 9,940.00 4,131.00 !one Change 1 7,332.00 9,940.00 2,608.00 /ariance, Owner 1 1,761.00 8,020.00 6,259.00 _arge Family Day Care Permit 3 310 310 - '.oastal Development Permit 1 3,739.00 9,940.00 6,201.00 3anners 7 25 40 15 Environmental 2 1,283.00 7,270.00 5,987.00 Zoning/Rebuild Letters 9 75 220 145 Total Permits 52 I 37,589.75 79,095.75 41,506.00 Permit Revenue 7-1-09 to 5-3-10 Permit Revenue Without Rollback Revenue difference (07/01/09 - 05/03/10) TOTAL 453,615.76 RESOLUTION NO. 2009 — 155 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL COUNCIL APPROVING A TEMPORARY REDUCTION IN THE COLLECTION OF THE FEES IN HE 2008 FEE SCHEDULE TO THE LOWER CORRESPONDING FEE AMOUNTS CONTAINED IN THE 2005 FEE SCHEDULE, AND APPROVING THE ESTABLISHMENT OF A FEE DEPOSIT ACCOUNT FOR MINOR LAND USE APPLICATIONS WHEREAS, user fees have been recognized as a necessary and effective method of generating those revenues required to provide municipal services and facilities; and WHEREAS, after considerable amount of study and receipt of staff input, the City Council determined that adjustments to user fees in many instances are necessary to close the gap between current fees and actual service costs, in order to reduce general fund subsidies; and WHEREAS, at a public hearing on July 15, 2008, the City Council approved fee increases comprising the 2008 Fee Schedule, which became effective on September 15, 2008, and which superseded the previous 2005 Fee Schedule; and WHEREAS, due to a slowdown of development and residential improvements caused by the current state of the economy, the Council has received numerous concerns regarding the increased fees contained in the 2008 Fee Schedule; and WHEREAS, in the spirit of encouraging development and reinvestment in the comrunity, the City desires to reduce collection of those fees for development services (i_e_, Engineering, Planning and Building, and Fire) contained in the 2008 Fee Schedule which were increased from the 2005 Fee Schedule, by temporarily reducing the collection of those fees to the lower fee amounts contained in the 2005 Fee Schedule, and to conduct an annual review of said development services fees; and WHEREAS, to further the efforts of the continued physical development of the community, and recognizing the desire to minimize impacts of development user fees, the City Council desires to establish a fee deposit account for development services fees for Conditional Use Permits constituting minor land use applications, as determined by the Economic Development Director, that were established in the 2008 Fee Schedule; and WHEREAS, the Council recognizes that adoption of this Resolution does not result in any new fees nor an increase to any fees; and WHEREAS, the City Council acknowledges that approval of this resolution may result in a loss of projected revenue in an estimated amount of $298,788 for fiscal year 2009/2010 for development services_ NOW, THEREFORE, BE I RESOLVED by the City Council of the City of National City that beginning July 1, 2009, the Development Services Fees contained in the 2008 Fee Schedule that are higher than those corresponding development fees contained in the 2005 Fee Schedule will be temporarily collected at the lesser amount equivalent to the 2005 Fee Schedule for one year; and any new development services fees first established in the 2008 Fee Schedule will remain at the same amounts. Passed and adopted by the Council of the City of National City, California, on June 16, 2009 by the following vote, to -wit: Ayes: Councilmembers Morrison, Parra, Sotelo-Solis, Van Deventer, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy 1 HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2009-155 of the City of National City, California, passed and adopted by the Council of said City on June 16, 2009. tX City Clerk of the City of tional City, California By: Deputy 9 8 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 22, 2010 AGENDA ITEM NO. 35 EM TITLE: Resolution of the City Council of the City of National City Adopting a Budget for the 2010-2011 Fiscal Year. (Finance) PREPARED BY: Jeanette Ladrido, CPA/Finance Director DEPARTMENT: PHONE: (619) 336-4331 APPROVED BY: EXPLANATION: On May 25, 2010, the City Council for the City of National City considered the City's Preliminary Budget for Fiscal Year 2009-2010 as presented and recommended by the City Manager. The City Manager was also directed by the City Council to prepare a final budget for adoption which incorporates all budget modifications approved by the Finance Committee. State Law requires the Budget be adopted before the start of the new fiscal year on July 1. Furthermore, the annual final budget will be available on the City's web site by July 1, 2010. This action formally adopts the Final Budget for Fiscal Year 2010-2011 FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Final Budget for Fiscal Year 2010-2011 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Resolution 2. Attachment 1 RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING A BUDGET FOR THE 2010-2011 FISCAL YEAR WHEREAS, the City Manager on May 25, 2010, submitted to the City Council a Recommended Budget for the 2010-2011 fiscal year, and said budget has been discussed and deliberated in public session; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the budget for the fiscal year beginning July 1, 2010, with City expenditures totaling $88,983,723 is hereby approved, adopted, and appropriated. BE IT FURTHER RESOLVED that the fund appropriations set forth in Attachment "1" (Projected Expenditures) column shall be the maximum expenditures authorized for those funds. The City Manager is hereby authorized to make budgetary revisions within and between budget line items within a fund. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to transfer monies up to the maximum set forth in the Transfers column in Attachment "1". BE IT FURTHER RESOLVED that the City Council does hereby authorize and approve the number and classification of employees in the respective functions, departments, and/or activities as set forth in the fiscal year 2010-2011 budget. PASSED and ADOPTED this 22nd day of June, 2010. Ron Morrison, Mayor ATTEST: Mike Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney 001 General Fund Undesignated Balance General Fund - Contingency Reserve General Fund - Other Reserves Total General Fund 103 General Capital Outlay Fund 104 Library Fund 105 Parks Maintenance Fund 108 Library Capital Outlay 109 Gas Taxes Fund__ 110 Emergency Preparedness Fund 111 P.O.S.T Fund 115 Park & Rec Capital Outlay Fund 120 Plan Checking Revolving Fund 125 Sewer Service Fund 130 EMT-D Revolving Fund 131 Asset Forfeiture Fund 136 Tiny TOT Classes Fund 13,570 145 Juvenile Education 2,215 154 State Public Library Fund 67,021 158 Swimming Pool Revolving Fund 25,413 ( 159 General Plan Update Reserve 510,963 166 Nutrition Center 246,645 171 Library School District Contract 120,930 172 Trash Rate Stabilization Fund 317,750 173 National School District Contract (2,109)1 174 Sweetwater School District Contract (0) 176 Police Reimbursed Overtime 0 189 Civic Center Refurbishing 1,778 214 - 190 30th Street Cleanup Fund - 1303 100,796 ‘1 1, STOP Project 6,953 196 Capital Project Reserve (85,341)I 198 Property Evidence Seizure 27,623 200 30th Street Cleanup - 1304 745,251 201 NCJPFA Debt Service Fund (10)i 204 Traffic Equipment for All 11,172 208 Supp. Law Enforcement Svcs Fund 99,880 { 211 Security & Alarm Regulation Fund 40,007 j ( 212 Personnel Compensation Fund 239,143 229 CLEEP Grant 4,532 t 230 Abandoned Vehicle Abatement Grant (36,310)1 241 National City Library State Grant 19,335 242 N. City Library Matching Fund 117,176 246 Wings Grant 15,887 250 New Fire Station Construction 31,641 253 Recreational Activities Fund 48,570 259 Library Bonds Debt Service Fund 672,546 261 CDC Debt Service Fund 2,503,640 270 Nuisance Abatement Fund 16,865 277 NC Public Library Donations Fund 197,303 282 Reimbursable Grants 26,822 290 Police Department Grants 125,887 294 Healthy Homes Grant (6,026) 296 Engineering Dept Grants (1,731)1 301 Grant-C.D.B.G (453,242)1 302 CDC Payments (125,567) 303 Capital Facilities Fund 40,699 304 Park Development Fund 133,947 307 Proposition "A" Fund 1,038,642 308 Grant Highway Bridge Rehab 592,549 312 STP Local/Transnet Highway (359,281)1 313 Grant-CMAQ 1,929 314 OTS Grant. (49,675)1 320 Library Grants (205,669)1 321 Smart Growth Incentive 100,000 CITY OF NATIONAL CITY BUDGET ANALYSIS BY FUND, ALL FUNDS FISCAL YEAR 2010 - 2011 , 356,220 8,616,444 2,456,870 s 11,429,534 33,802,105 i 3,298,960 1 2,727,321 1,023,418 0 (141,513) 612,119 (24,057)€ 713,229 755,576 95,960 366,768.E 1,663,920 38,495 i 0 (0)1 51,233 1,249,241 1 0 [ 254,932 130,000 3,284,656 j 7,129,160 ( 284,996 291,036 536,106 95,852 4,300 i 0 19,000 30,800 0 493,179 17,740 r 95,680 41,270 80,000 35,000 19,886 3,135; 49,800 0( 85,8411 O 7,785 l 493,000 1 0 0 17,500 356,900 1 1,000,000 O 819,208 456,012 666,667 366,260 0 205 1,230 979,699 O ', 9,350 404,740 11,276,212 0= O E O € 0 0`. 1,424,740 0i O O 168,380 0 0 0 0 40,000 0 861,865 ( 700,000_1_ 575,000 123,960 ATTACHMENT 1 36,626,918 ? 9,176,361 O 1,023,418 1,431,327 t (141,513) 1,169,241 (24,057); 75,000 " 776,536 221,1551,109,533 38,495 75,000 1 (23,767) 1,232 ` 673,009 130,000 1., 254,932 7,349,355 3,064,461 338,265 " 237,767 0 1 631,958 0 1 17,870 3,755 i (1,540) 45,077 40,944 15,112 i 41,101 1,015;500 1 162,130 'r 859,439 246,645 17,740 ' 120,930 224,665 i 188,765 41,006 ; (1,845)1 79,741 1 259 0 ' 35,000 O ; 1,798,100 O :103,9311 30,525 1 26,228 0! 500 34,887 (7,264)' O 753,036 486,798 6,192 O 11,172 99,880 49,473 1 8,034 1,356,900 239,143 O i 4,532 O 1 (36,310) 0 19,540 0 " 118,406 979,696 15,890 O 31,641 16,300 41,621 244,500 . 832,786 6,830,456 7,811,261 O ' 16,865 15,000 `: 182,303 26,822 192,108 (66,221) _ (6,026)' 35,000 (36,731)I 1,300,780 (453,242)', 0 (125,567); O 40,699 0 133,947 314,395 892,627 0 . 592,549 0 ..... ... _,_-(359,281). 0 ` 1,929 O ': (49,675) O (165,669) 0- 100,000 1 CITY OF NATIONAL CITY BUDGET ANALYSIS BY FUND, ALL FUNDS FISCAL YEAR 2010 - 2011 323 Safe Routes to Schools (724,081) 0 325 Development Impact Fees 1,072,973 ; 161,370 326 Transportation Impact Fee Fund 371,480 208,000 343 State -Local Partnership 26,344 1,270 345 Traffic Congestion Relief (445,509)1 0 346 Prop 1B 908,556 i 363 Security & Alarm Regulation Fund 35,973 _ 502 Section 8 523,626 I 9,521,964 505 Home 2,293,171 I 700,760 506 Horne Loan Program Fund 2,626,337 i 19,800 I 511 Tax Increment Fund 6,136,141 I 468,9181 522 Low & Moderate Income Housing 10,781,942 1 3,027,542 626 Facilities Maintenance Fund 678,539 I 1,853,015 Liability Insurance Fund 1,959,314 ? 2,669,032 General Services Fund 492,351 254,972 Information Systems Maintenance 918,393 i 1,256,750 Office Equipment Depreciation 1,590,534 I 0 Telecommunications Revolving 691,645 j 0 General Accounting Services 441,775 I 889,875 633 Unemployment Insurance Reserve 182,500 j 0 643 Motor Vehicle Svc Fund 1,048,900 , 1,853,015 644 Equipment Replacement Reserve 556,9051 0 , 721 Library Trust Fund 48,888 I 510 1 666,667 861,865 400,000 200,000 900,000 f 200,000 200,000 500,000 1 (1,224,0811i 0 1,234,343 11,700 1 567,780 0 27,614 0 1 (445,509).i 40,446 1 868,110 )35,973 9,269 516 , 776,074 542,115 1 2,451, 816 531,650 1 2,114,487 4,751,445 I 1,186,945 2,155,597 ; 10,792,022 2,032,368 i 499,186 2,686,550 1 1,541,796 302,079 I 245,244 842,725 1 1,332,418 623,500 1 67,034-1 659,296 1 32,349 837,334 294,316 - 0 1 (17,500) 1,591;056 1 1,310,859 0 1 556,905 0 I 49,398 59,991,404 ; 83,540,937 7,554,813 7,554,813 ( 88,983,723 ' 54,548,618 2 CITY OF NATIONAL CITY ESTIMATED FINANCING SOURCES SUMMARY BY FUND AND SOURCE FISCAL YEAR 2010-2011 j001 GENERAL FUND r 1001-00000 Taxes: 3000 Current Year -Secured 2,828,350 3001 Current Year -Unsecured 98,971 3002 Supplemental Roll 160,108 3003 Prior Year -Secured & Unsecured (1,842) 3006 Interest, Penalties & Deling. 15,923 3007 Mile Of Cars Spec. Assessment 53,216 TOTAL PROPERTY TAXES 3,154,726 3009 Property Taxes Allocated (1,402,840) NET GENERAL FUND PROPERTY TAXES 1,751,886 3010 Sales & Use Taxes 9,061,510 3011 Property Tax: In Lieu Of Sales Tax 3,560,804 3012 Property Tax: In Lieu of VLF 5,152,136 3013 NC Downtown Prop Bus Imp Dist 358 3015 District Transaction & Use Tax 8,077,969 3016 Ab1290 Property Tax Pass -Through Payment 719,038 3018 US Fish & Wildlife in Lieu of Property Tax 854 3020 Transient Lodging Tax 630,049 1,055,386 3030 Cable TV Franchise 384,615 401,785 3031 Electric Franchise 586,284 580,939 3032 Gas Franchise 131,681 141,113 3033 Refuse Franchise 422,618 443,822 { 3040 Business License Tax 598,430 600,000 3041 Residential Rental Fee 147,849 130,000 3042 Paratransit Fees 4,350 5,000 SUBTOTAL 31,230,431 28,470,135 1001-00000 Use Of Money and Property: 1 3300 Investment Earnings 1,387,181 626,000 417,850 520,000 3312 Rental 1 - 40,392 3314 Rental -Land 26,928 - 40,392 283,499 3326 Lease -Old National City Library 74,816 71,100 69,061 71,100 SUBTOTAL 1,488,925 697,100 527,303 914,991 001-00000 Inter -Governmental Revenue: 3400 State Motor Vehicle In Lieu 218,481 168,998 3420 State Hoptr 16,237 16,350 3452 Mandated Cost Reimbursement 33,718 3455 CDC Contribution 320,000 3470 County Grants 75,000 3472 Port Of San Diego SUBTOTAL 001-00000 Other: 3586 Photocopy Sales 3604 Sales Of Miscellaneous Property 3634 Misc. Revenue 3636 Refunds & Reimbursements 3637 Donations 3643 Insurance Settlements 2,583,615 2,583,615 2,680,7291- 53,698 53,000 1 315,000 123,806 150,000 5,619 - 5,485 - (43,540) - 2,898,615 2,728,683 2,883,729 (1,403,679) (1,403,679) (1,311,048)i 1,494,936 1,325,004 1,572,681 8,528,865 8,528,865 9,176,250 2,307,135 2,307,135 3,058,750 4,993,032 4,993,042 4,643,529 - 7,728,000 7,728,000 7,844,000 60,122 359,498 705,538 662 - 589,889 707,892 496,957 390,100 696,114 546,900 78,185 120,900 j 399,134 440,000 566,223 548,580 139,606 130,000 4,100 4,500 28,212,415 29,889,620 320,000 15,000 663,436 576,400 533,229 520 349 240,000 16,400 320,000 189,132 8,017 16,080 320,000 45 44 33,603 23,869 39,281 - 9,026 32,190 2,758 61,047 3,000 600 980 - 16,371 2,500 CITY OF NATIONAL CITY ESTIMATED FINANCING SOURCES SUMMARY BY FUND AND SOURCE FISCAL YEAR 2010-2011 3999 Transfers From Other Funds SUBTOTAL 001-01001 City Council Operations: 3637 Donations - Council SUBTOTAL 001-02000 City Clerk Operations: 3529 Sales Of Misc. Publications 3585 Misc. User Charges 3634 Misc. Revenue SUBTOTAL 1001-04045 Finance Accounting: 3146 Parking District Permit 3585 Misc. User Charges es SUBTOTAL •001-04046 Finance Revenue: 3101 Administrative Fees 3141 Garage Sale Permits 3585 Misc. User Charges 3589 Returned Check Charges 3631 Cash Over/Short SUBTOTAL 001-04049 Finance Fiscal Services: 902,137 3,132,428 3,047,886 3,298,9601 1,011,235 3,135,786 3,158,243 3,301,460I 3,836 6,300 10,850 3,836 6,300 10,850 247 36 70 2,960 1,000 3,243 1,000 70 4,196 2,600 2,363 2,600 467 700 319 .w_ 500 4 663 3 300 2,682 3 100 50,570 - 14,548 - 2,525 3,300 2,335 2,509 - 700 - - 745 1,100 295 690 50 - 213 - 53 890 5,10017,391 3,198 3201 Parking Citations (305) - SUBTOTAL (.305),,,,__.__... 001-06000 Planning Operations: 3143 Home Occupation Permits 3502 Conditional Use Permit 3503 G.P./S.P.Changes 3504 Interpretations/Determinations 3506 Planned Development Permit 3508 Request Initiate GP/SP Change 3509 Street Vacations 3510 Tentative Parcel Map 3511 Tentative Subdivision Map 3512 Zone Change Permit 3513 Zone Variance Permit 3514 Day Care Center 3521 Coastal Development Permit 3529 Sales Of Misc. Publications 3530 Appeal Fee 3531 Certificate Of Compliance 3532 Banners/Signs - Processing Fee 3546 Prelim Site Plan Review 3581 Environmental Assessment Form 3584 Substantial Conformance 3585 Misc. User Charges 3588 Zoning/Rebuild Letter 3634 Misc. Revenue 3,776 1,200 2,640 4,992 71,929 8,500 37,079 59,280 i 2,921 3,000 14,038 22,620 - 200 - - 11,796 6,350 3,906 11,544 8,566 2,700 3,900 - 1,500 3,120 3,501 1,900 3,696 3,900 17,887 5,100 2,044 10,920 (8,088) 7,000 7,332 10,920 6,737 2,200 1,761 4,368 3,620 1,850 930 1,560 9,940 3,600 3,739 5,616 248 - 43 1561 - 1,200 500 - , 1,960 300 - 3901 235 280 215 234 1,700 - i 7,270 1,700 2,566 1,000 200 10,270 490 - i 960 500 750 7801 t 1 000 - 4,680 780 4 SUBTOTAL CITY OF NATIONAL CITY ESTIMATED FINANCING SOURCES SUMMARY BY FUND AND SOURCE FISCAL YEAR 2010-2011 i._ 1001-06028 Building & Safety: 3120 Building Permits 3545 Plan Checking Fee 3585 Misc. User Charges SUBTOTAL 1001-11000 Police: 3100 Animal Licenses 3200 3201 3203 3220 3533 3537 3548 i 3550 3551 3556 3558 3586 Vehicle Code Fines Parking Citations Parking Cite Admin Fee Other Forfeits & Penalties Booking Fees Misc. Police Services Animal Control Revenues Vehicle Impound Fees Administrative Impound Fee Police & Fire Svcs - Port Of San Diego Tow/Impound Referral Fees Photocopy Sales 3636 Refunds & Reimbursements 3637 Donations SUBTOTAL 001-12000 Fire: 3034 Franchise - AMR 3322 AMR Lease - Fire Station 3553 Fire Permit Review Fee SUBTOTAL 001-12124 Fire Prevention: 3121 Uniform Fire Code Permits 3122 Storage Tank Permits 3541 Plan Review Fire Systems 3542 Abandoned Vehicle Abatement 3553 Fire Permit Review Fee 3561 Weed Abatement SUBTOTAL 155,528 50 980 81,729 149 760 351,012 212,640 305,428 316,250 303 200 - 351,012 212,840 305,731 316,250 11,917 22,000 7,800 12,000 217,400 160,000 135,148 160,000 222,840 240,000 345,562 265,600 1,575 1,800 5,735 1,800 7,675 9,000 3,115 9,000 10,270 - 6,441 10,000 3,321 - (43,091) 3,000 200 300 25 300'I 13,525 6,800 10,525 7,000 f 52,250 32,000 36,575 35,000 525,078 525,100 525,000 563,2281 44,520 44,500 33,390 44,500 9,781 10,000 10,521 10,000 200 7,397 200 25 - 20 - ? 1,120,376 1,053 958 1,084,163 1,121,628 s 49,998 - 55,501 51,200 41,183 51,200 (349) - - 105,150 51,200 41,183 51,200 1,496 2,200 400 1,500I 1,004 132 412 300 11,951 10,680 6,020 8,100 296 - 592 740 97,986 49,600 41,598 46,350I 8,051 - 112 733 62,612 57,073 56,990 001-12125 Fire Operations: 3202 False Alarm Fines 29,558 6,500 3,337 5,000 3544 Misc. Fire Services 8,977 - 28,192 70,000 3545 Plan Checking Fee - - 3555 Fire Prot Svcs -Lower Sweetwater 176,424 176,424 86,621 176,424 3556 Police & Fire Svcs - Port Of San Diego 181,256 181,256 140,197 194,425 3636 Refunds & Reimbursements - - 35,703 - 3637 Donations 250 - - - SUBTOTAL 396,465 364,180 294,050 445,849 1001-14000 Risk Management: 3632 Comp Insurance Reimbursement 127 183 20,000 113,341 20,000? 5 CITY OF NATIONAL CITY ESTIMATED FINANCING SOURCES SUMMARY BY FUND AND SOURCE FISCAL YEAR 2010-2011 3633 Insurance - CDC SUBTOTAL 001-21000 Engineering Operations: 3130 Street & Curb Permits 3142 Grading Permits 3146 Parking District Permit 3144 House Moving Permits 3147 Miscellaneous Permits 3160 Utility Company Permits 3528 Sale Of Plans & Specifications 3547 Storm Water Mgt Fee (Npdes) 3585 Misc. User Charges 3634 Misc. Revenue SUBTOTAL 001-22000 Public Works Operations: 3475 Tonnage Diversion Grant 3630 Accident Damages 3634 Misc. Revenue SUBTOTAL 1001-22221 Public Works Streets: 3634 Misc. Revenue SUBTOTAL 001-22223 Public Works Facilities: 3313 Rental -Kimball 3315 Rental -Other City Property 3318 Vending Machine Revenue 3634 Misc. Revenue SUBTOTAL 1001-41000 Recreation Operations 3317 Rental -Las Palmas Golf Course 3572 Misc. Recreation Charges 3574 Swimming Pool Revenue 3570 Ceramics 3637 Donations - Portillo Comm Ctr SUBTOTAL 1001-42000 Parks Operations 3590 Street Tree Fees 3585 Misc. User Charges SUBTOTAL 1104 LIBRARY FUND 3009 Property Taxes Allocated 3420 State HOPTR 3999 Transfers From Other Funds 127,183 95,000 28,224 115,000 141,565 95,000 115,000 9,165 9,500 447 7,350 1,807 3,200 892 7,3501 - 5,100 8,382 4,410 5,456 - - 11,533 10,700 5,895 3,675 I 58,686 34,900 17,286 51,4501 7,889 - 5,769 - 1 - - 7,3501 13,285 7,900 4,077 4,4101 700 3,200 25;149 3,675.1 108,521 74,500 67,897 89,6701 29,098 167 29,265 2,400 5 400 975 900 3,380 4,900 826 2,628 3,300 32,500 1,700 34,200 19,398 30,000 19,398 30,0001 I 1 700 964 7001 700 964 _--700 . 3,600 1,800 2,400 2 - 900 83,470 82,000 80,362 8,594 5,000 22,091 2,000 - 500 7,205 7,205 92,064 96,705 650 5,244 5,894 800 647,887 648,300 6,251 6,600 762,429 688,326 82,000 5,000 I 109,658 87,000 616,915 6,296 688,326 500 605,519 I 6,600 1 819,208 6 CITY OF NATIONAL CITY ESTIMATED FINANCING SOURCES SUMMARY BY FUND AND SOURCE FISCAL YEAR 2010-2011 1105 PARKS MAINTENANCE FUND j 3000 Current Year -Secured 3420 State HOPTR 3999 Transfers From Other Funds '108 LIBRARY CAPITAL OUTLAY 3050 Real Property Transfer Tax 3565 Book Fines 1 109 GAS TAXES FUND 3300 Investment Earnings 3410 Gas Tax 2106 3411 Gas Tax 2107 3412 Gas Tax 2107.5 3413 Gas Tax 2105 3414 R&T7360 1111 POST FUND 3461 P.O.S.T 1115 PARK & REC CAPITAL OUTLAY FUND 3314 Rental -Land 3470 Count Grants 1120 PLAN CHECKING REVOLVING 3545 Plan Checking Fee E125 SEWER SERVICE FUND 3636 Refunds & Reimbursements 3316 Rental -Sewer 3563 Sewer Service Charge 3564 Sewer Transportation Charge 3610 Sewer Connection Fees 3636 Refunds & Reimbursements 3830 Loan Repayment 1130 EMT-D REVOLVING FUND s 3034 Franchise -AMR 3441 Public Relations Revenue -AMR 3442 Equipment Replacement Revenue -AMR 3996 Penalty -AMR 1131 ASSET FORFEITURE FUND 3300 Investment Earnings 3539 Seized Assets 754,953 755,379 729,250 705,529 7,284 7,700 7,337 7,7.00 267,131 236,181 236,181 456,012 11 77,761 84,052 79,701 22,263 18,200 20,457 14,574 26,200 13,100 228,400 227,000 227,888 455,545 455,000 452,974 7,500 7,500 7,500 342,271 343,000 340,024 59,474 75,000 51,233 277,822 100,000 5,025 226,869 450,948 3 7,500 338,504 635,074 51,233 248,000 270,956 - 264,569 271,800 264,113 130,000 64 410 7,168,734 9,979 6,085 108,722 14,590 7,100,000 12,000 29,800 7,025,360 4,769 2,825 1,262,552 230,000 223,905 12,000 50,000 15,400 3,007 51,624 119,058 138,323 - j 7,100,000 1 7,910 10,000 11,250 9J 291,036 4,925 90.927 I 7 CITY OF NATIONAL CITY ESTIMATED FINANCING SOURCES SUMMARY BY FUND AND SOURCE FISCAL YEAR 2010-2011 1136 TINY TOT CLASSES FUND 3572 Misc. Recreation Charges 154 STATE PUBLIC LIBRARY FUND 3463 Other State Grants 158 SWIMMING POOL REVOLVING FUND 3574 Swimmin. Pool Revenue 159 GENERAL PLAN UPDATE RESERVE 3999 Transfers from Other Funds 166 NUTRITION 3470 County Grants 3481 Federal Grants 3498 Federal Grants 3514 Nutrition- Program Income - Catered Meal 3515 Nutrition - Program Income 3516 Nutrition- Donation 3517 Nutrition.- Income - Delivered Meals 3636 Refunds & Reimbursements From Other Funds ?171 LIBRARY SCHOOL DISTRICT CONTRACT 3467 School District Contract Reimb 1172 TRASH RATE STABILIZATION FUND i 3642 Rate Stabilization Recei.ts 173 NATIONAL SCHOOL DISTRICT CONTRACT 3467 School District Contract Reimb 1174 SWEETWATER SCHOOL DISTRICT CONTRACT 3467 School District Contract Reimb 176 POLICE REIMBURSED OVERTIME FUND 3634 Misc. Revenue .189 CIVIC CENTER REFURBISHING 3300 Investment Earni 4,540 4,300 33,091 18,772 4,280 4,300 29,414 40.579 30.800 54,781 30.800 250,000 666,667 666,667 666,6671 273,531 14,025 13,493 86,448 108,553 247 26,983 107 325.907 32,883 167,539 292,691 289,931 32,318 - 51,208 78,466 36,000 106,992 101,224 96,000 300 - 26,518 22,829 24,000 237 1,916,103 1,916,103 366,260 400 17,740 95,680 143,311 39,768 37,876 155,079 185,074 337,1791 17,740 95,680 41,278 41,270'. 161,564 8 CITY OF NATIONAL CITY ESTIMATED FINANCING SOURCES SUMMARY BY FUND AND SOURCE FISCAL YEAR, 2010-2011 1190 30TH STREET CLEANUP FUND -1303 3300 Investment Earnings 191 STOP PROJECT 3550 Vehicle Impound Fees 8 1196 CAPITAL PROJECT RESERVE 3999 Transfers From Other Funds Altt 1200 30TH STREET CLEANUP FUND - 1304 3300 Investment Earnings 1201 NCJPFA DEBT SERVICE FUND 1 3300 Investment Earnings 3456 Police Facility Lease 8,633 8500 1,724 3,135 84,141 20,901 311 49,800 20,400 36,677 4,348 11 49,800 85,841 7,785 490,334 490,656 486,796 493,000 208 SUPPLEMENTAL LAW ENFORCEMENT SVCS FUND (SLESF) 3300 Investment Earnings 3,474 3463 SLESF FY 2006-2007 60,731 211 SECURITY & ALARM REGULATION FUND 3161 Security Alarm Permits 3202 False Alarm Fines 1212 PERSONNEL COMPENSATION FUND 3700 Internal Service Charges 3999 Transfers From Other Funds 230 ABANDONED VEHICLE ABATEMENT GRANT 3463 Other State Grants 241 NATIONAL CITY LIBRARY STATE GRANT 3463 Other State Grants 242 N. CITY LIBRARY MATCHING FUND 3300 Investment Earnings 244 ROBERTI-ZBERG-HARRIS BLOCK GRANT 3463 Other State Grants 18,703 9,159 356,904 12,594 3,670 25,127 1,383 356,900 30,000 926,478 134,169 114,121 1,111,282 3,306 3,200 356,900 926,478 13,027 688 15,000 2,500 356,900 1,000,000 1,230 9 CITY OF NATIONAL CITY ESTIMATED FINANCING SOURCES SUMMARY BY FUND AND SOURCE FISCAL YEAR 2010-2011 1246 WINGS GRANT 3463 Other State Grants i250 NEW FIRE STATION CONSTRUCTION 3300 Investment Earnings ;253 RECREATIONAL ACTIVITIES FUND 3598 Misc Recreation Revenue 259 LIBRARY BONDS DEBT SERVICE FUND 3008 Special Assessment -Go Bonds 261 CDC DEBT SERVICE FUND E 3011 Tax Increment Revenue 3300 Investment Earnings 3634 Miscellaneous Revenue 3999 Transfers From Other Funds 270 NUISANCE ABATEMENT FUND 3554 Public Nuisance Vehicle Abatement 277 NC PUBLIC LIBRARY DONATIONS FUND 3637 Donations 551,013 1,084,249 1,153, 792 979,699 r 1, 6,393 8,100 27,269 9,350 452,285 488,900 409,398 404,740 11,790,224 11,232,183 11,232,183 11,270,000 22,048 - 6,105 6,212 821,722 826,118 826,093 100 54,763 42,624 55,370 282 REIMBURSABLE GRANTS CITYWIDE 3498 Other Federal Grants 17,473 3498 FY07 Homeland Security Grant Program 15,638 3498 FY07 Homeland Security Grant Program 17,213 3470 FY08 SAFE Grant -MCI 16,126 3470 FY08 SAFE Grant -Rescue Equipment 10,272 3498 FY07 Homeland Security Grant Program 14,786 666 3498 FY08 Homeland Security Grant Program 10,042 608 3498 FY07 Urban Area Security Initiative 3,250 52,582 3498 FY08 Assistant to Firefighters Grant 248,456 - 3498 FY09 State Homeland Security Grant-Pd 31,488 3498 FY08 Urban Area Security Initiative - 28,480 3470 FY10 San Diego Police Foundation - Ncfd 17,400 17,381 3498 FY09 State Homeland Security Grant-Fd 72,488 3470 County Grants 7,527 353, T 1290 POLICE - FEDERAL GRANTS 3498 OTS DUI Enforcement-AL0817 145,653 68,739 50,475 861,865 1 10 CITY OF NATIONAL CITY ESTIMATED FINANCING SOURCES SUMMARY BY FUND AND SOURCE FISCAL YEAR 2010-2011 3463 Alcohol Beverage Control 3498 Other Federal Grants 3498 Other Federal Grants 3463 Other State Grants 3463 Other State Grants 3498 Fy09 Arra Byrne Jag 2009-Sb-B9-0984 3498 Other Federal Grants 3498 Other Federal Grants -Border Violence Project 3498 Other Federal Grants -Jag 2009 Dj-Bx-0247 3463 Other State Grants -Avoid Dui Grant A10939 3498 Other Federal Grants-FY10 Children Exposed 28,403 5,914 7,217 8,222 1,555 16,552 9,067 7,868 9,792 2,434 222,511 222,511 200,000 121,315 (286,818) 59,399 35,821 35,821 2,789 200,000 1294 HUD HEALTHY HOMES GRANT 3498 Other Federal Grants 334,525 25,678 219,349 296 ENGINEERING DEPARTMENT GRANTS i 3463 CIWMB-RAC Chip Seal Grant 3469 Other Local Government Grants 3463 Other State Grants 3463 Other State Grants 1301 CDBG 3480 3481 Federal Grants - CDBG Other Federal Grants 307 PROP A FUND 3300 Investment Earnings 3466 Transactions & Use Tax 1308 HIGHWAY BRIDGE REHAB FUND is 312 STP LOCAUTRANSNET HIGHWAY 3300 Investment Earnings 3498 Other Federal Grants 1314 OTS GRANT 3463 Other State Grants 1320 LIBRARY GRANTS 3463 Other State Grants 3463 Americorps/CNCS Year 5 3463 FY 2008 Americorps YR5 LSTA 3463 Secretary of State 2008 Grant 3463 WOW Mobile 2008/2009 Grant 3634 Misc Revenue - Americorps Year 6 LSTA 130,000 (35,000) 900,000 126,014 1,184,051 1,107,495 9,345 3,204,513 108, 396 tr _ (792) 251,029 470,719 11,990 100,000 118,172 243,610 72,511 20,852 275,416 1,424,740 3,743 1,500,000 161,000 40,000 2,000 - 11 CITY OF NATIONAL CITY ESTIMATED FINANCING SOURCES SUMMARY BY FUND AND SOURCE FISCAL YEAR 2010-2011 3463 Literacy Srvcs YR 6 - FY 2008/2009 3463 Other State Grants-Americorps/Cncs Yr6 3463 Other State Grants-Americorps/Cncs Yr7 3463 Other State Grants -Wow Mobile 2009/10 3463 Other State Grants -Literacy Srvcs Yr 7 321 SMART GROWTH INCENTIVE PROGRAM/RIP-TE FUND 3498 Other Federal Grants 1323 SAFE ROUTES TO SCHOOL 3463 Other State Grants 1325 DEVELOPMENT IMPACT FEES 3624 Dev. Impact Fees -Police 3623 Dev Impact Fees- Fire/Ems 3622 Dev Impact Fees- Library 3621 Dev Impact Fees- Parks And Rec i326 TRANSPORTATION IMPACT FEE 3162 TDIF - SF Residential 3163 TDIF - MF Residential 1343 STATE -LOCAL PARTNERSHIP 3300 Investment Earnin s 345 TRAFFIC CONGESTION RELIEF GRANT 3463 Other State Grants 346 PROP 1B 3463 Other State Grants i348 STATE GRANT 3463 Other State Grants 3999 Transfers From Other Funds 502 SECTION 8 3300 Investment Earnings 3402 Hap - Voucher Program 3403 Administrative Fees 3600 Other Revenue - Portability 80% 3615 Administrative Fees - PD 3616 Fraud Recovery -Hap 3617 Fraud Recovery -Administrative Fees 3619 Other Revenue - Fss Forfeiture 3634 Miscellaneous Revenue 56,653 283,612 369,314 76,380 68,742 132,250 85,339 40,000 59,889 2,000,000 100,000 289,982 900,000 134,052 60,274 23,867 9,163 45,714 20,000 160,644 10,000 63,647 10,000 54,010 35,000 268,910 16,000 192,000 339,160 198,000 16,320 57,660 I 22,860 1 19,250 61,600 I 3,417 2,671 710 1,270 508,361 7,116,720 1,137,106 5,640 18,965 18,765 30,465 4 578,823 139,015 908,556 (161,305) 454,319 454,319 5,477 6,474,000 7,184,919 960,000 2,284,325 8,720 25,000 - 20,073 20,073 7,500 8,530,464 984,000 12 CITY OF NATIONAL CITY ESTIMATED FINANCING SOURCES SUMMARY BY FUND AND SOURCE FISCAL YEAR 2010-2011 3999 Transfers From Other Funds 1505 HOME 3481 Federal Grants 3634 Miscellaneous Revenue 506 HOME LOAN PROGRAM 3300 Investment Earnings 3321 Hilp Payments - Interest 3589 Retumed Check Charges 3634 Miscellaneous Revenue 3636 Refunds & Reimbursements 3999 Transfers From Other Funds 511 TAX INCREMENT FUND 3300 Investment Earnings 3309 Rental Property Income 3321 Loan Interest 3463 Other State Grants 3498 Other Federal Grants 3634 Miscellaneous Revenue 3636 Refunds & Reimbursements 3999 Transfers From Other Funds 3569 Housing Inspections 3498 Other Federal Grants 3636 Refunds & Reimbursements - Redevelop 3636 Refunds & Reimbursements - Hsg & Grants 3463 Other State Grants - HPRP 1522 LOW AND MODERATE INCOME HOUSING 3011 Tax Increment Revenue 3300 Investment Earnings 3321 FTHB Payments - Interest 3634 Miscellaneous Revenue 3999 Transfers From Other Funds 626 P.W. FACILITIES MAINT. FUND 3636 Refunds & Reimbursements 3700 Internal Service Charges 3999 Transfers From Other Funds 1627 LIABILITY INSURANCE FUND 3636 Refunds & Reimbursements 3700 Internal Service Charges 3700 Internal Service Charges 1,215,884 332,831 642,423 168 372,529 420,963 107,208 2,669 18,827 145,316 105,046 88,459 4,337,789 61,028 78,173 642,423 636,617 64,143 0 2,583 15,000 4,700 4,700 90 - 226 100 15 88,518 87,884 2,272 241,883 4,995 412,644 90,000 I 2,000 150,000 63,644 10,000 - 15,213 185,000 s - - 140,000 1,925 25,000 16,916 2,947,556 2,808,046 2,764,000 4,693 1,522 16,969 200,000 49,900 177 2,099,016 2,099,039 2,099,016 1,326,860 1,326,860 . 596,902 1,347,648 1,480,111 1,347,650 1,183,803 1,347,648 1,382,544 4 2,817,500 1,553 208,489 1,485,229 '. 1,183,803 13 CITY OF NATIONAL CITY ESTIMATED FINANCING SOURCES SUMMARY BY FUND AND SOURCE FISCAL YEAR 2010-2011 1628 GENERAL SERVICES FUND 3700 Internal Service Charges 629 INFORMATION SYSTEMS MAINTENANCE FUND 3455 CDC Contribution 3700 Internal Service Charges 630 OFFICE EQUIPMENT DEPR. FUND 3700 Internal Service Char• es 631 TELECOMMUNICATIONS REVOLVING FUND 3455 CDC Contribution 3700 Internal Service Chares i632 GENERAL ACCOUNTING FUND 3700 Internal Service Charles 633 UNEMPLOYMENT INSURANCE FUND 3700 Internal Service Charges 643 P.W. MOTOR VEHICLE SVCS. 3636 Refunds & Reimbursements 3700 Internal Service Charges 3999 Transfers from Other Funds 644 EQUIPMENT REPLACEMENT RESERVE 1 3463 Other State Grants 1721 LIBRARY TRUST FUND 3300 Investment Earnings 731 CONSTRUCTION AND DEMOLITION DEBRIS 3552 Const. & Demolition Admin Fee (805) 3552 Const. & Demolition Admin Fee 7,020 3815 Const. & Demolition Forfeited Deposit 20,680 432,950 432,972 432,960 254,972 47,000 47,000 714,624 714,612 714,624 1,209,750I 425,616 425,616 425,616 7,335 47,000 865,908 865,896 865,908 889,875 38,820 38,820 38,820 38,877 1,577,352 1,577,328 1,577,352 1,853,015 415,000 200,400 1,379 948 287 510 14 CITY OF NATIONAL CITY EXPENDITURE SUMMARY BY OBJECT FISCAL YEAR 2010-2011 'General Fund: 001 1 City Council City Clerk City Manager City Attorney E Development Services Human Resources 1 Non -Departmental City Treasurer Police Fire Public Works Community Services ; Community Development Department 001 !General Fund 104 !Library Fund 105 !Parks Maintenance Fund 108 Library Capital Outlay 109 Gas Taxes Fund 111 P.O.S.T.Fund 115 Park & Rec Capital Outlay Fund 120 Plan Check Revolving Fund 125 Sewer Service Fund 130 EMT-D Revolving Fund 145 Juvenile Education Fund 154 State Public Library Fund 158 Swimming Pool Revolving Fund 159 General Plan Revolving Fund 166 Nutrition 171 `Library School District Contract 172 Trash Rate Stabilization Fund 173 !National School District Contract 174 Sweetwater School District Contract 191 !STOP Project 198 Property Evidence Seizure 201 NCJPFA Debt Service Fund i 211 Security And Alarm Regulation Fund 212 (Personnel Compensation Fund 1 246 'Wings Grant I 253 Recreational Activities Fund 1 259 Library Bonds Debt Service Fund 261 !CDC Debt Service Fund 277 NC Public Library Donations Fund 290 Police Dept Grants 296 Engineering Department Grants 301 !Grant-C.D.B.G. 307 Proposition A Fund 323 Safe Routes to School 326 Transportion Impact Fee Fund 346 Prop 1B Fund 502 Section 8 Fund 505 {HOME Fund 506 !Home Loan Program Fund 1 249,599 86,124' 269,563i 365,549. 1,112,021 321,862 0 23,792 15,634,466, 6,521,010 761,139 749,933 234,292 26,329,350 970,678! 818,506i 01 01 0' 0, 0 718,664 178,265 0 45,0771 15,112j 0i 505,489 11,0001 71,886 41,0061 79,7411 30,525 0 0€ 47,263 1,356,9001 971,180( 0 0 0 0p 192,108 1 0; 207,0981 153, 395 0 0 40,446' 867,610€ 103,203! 0! 48,659 0'- 01 146,6081 444,866' 108,435 0 0! 40,535 235,0941 59,6861 0' 01 66,505 395,7541 130,271 0 01 197,518 693,3381 205,279! 0 01 566,4531 1,883,7531 66,790 0', 01 37,009 1 425,661 600,7041 0 115,000 01 715,7041 2,150 0' 0, 11,765! 37,7071 1,801,478 5,000. 0 3,640,8591 21,081,803 477,4091 01 01 596,643; 7,595,062 746,4981 01 0j -67,0091 1,440,628i 32,1781 0' 0 585,3451 1,367,4561 75,800, 0_ 0'}} 01 310,0921 4,355 337f 5,000! 115 0001 5,822,2311 36,626,9181 100,1771 113,9001 58,0001 21,1551 75,0001 1,2321 130,000?1 5,849,8701 160,0001 3,7551 0! 01 1,015, 5001 353,9501 6,740 129,1721 0, 01 0 34,8871 486,798 2,210 0 8,516 16,300 244,500 6,830,456E 15,000' 0; 0' 579,757 i 0! 0 11,7001 0+ 8,350,500i 438,9121 531,6501 0' 3,000 17,000: 0; 0 0 0'. 0 0: 0' 0 0i 0 0i 0' 0` 0' 01: 0' 0 0' 0. 0: 0 0` 0 0' 0. 01 0: 0 0` 0` 0 0 0' 0 01 360,4721 1,431,327 01 233,8351 1,169,2411 01 0' 75,0001 200,00011 01 221,155 0' 01 75,0001 0; 01 1,2321 01 01 130,0001 250,0001 530,8211 7,349,3551 01 01 338,265 0; 0! 3,7551 0'. 01 45,0771 01 01 15,1121 0 01 1,015,5001 0! 01 859,4391 Oi 01 17,740! 0! 23,607; 224,665; 0! 0 41,006 0. oi 79,7411 0 0 30,! 0 0 34,887525 0t 01 486,798! 01 0; 49,473 0'., 01 1,356,900; 0 01 979,696: 0s. 01 16,3001 01 0! 244,500; 0! 0 6,830,456 0` 0 15,0001 0! 0, 192,108E 35,0001 0. 35,0001 513,925` 0 1,300,7801 161,000i 0 314,395' 500,000. 0 500,0001 01 0 11,7001 0! 0 40,4461 01 51,406! 9,269,516! 0 0 542,115 0 01 531 6501 15 CITY OF NATIONAL CITY EXPENDITURE SUMMARY BY OBJECT FISCAL YEAR 2010-2011 511 !Tax Incremental Fund: City Council City Clerk City Manager Finance City Attorney Development Services Human Resources Non -Departmental Community Development Department 511 Tax Incremental Fund 522 lLow/Moderate Housing Fund 626 j Facilities Maint Fund 627 (Liability Ins. Fund 628 Genera Services Fund 629 � Information Systems Maintenance 630 ;Office Equipment Depreciation 631 lTelecommunications Revolving 632 I General Accounting Services 643 :Motor Vehicle Svc Fund ercentTotal Capital Improvements 5.48% Capital Outlay 0.33% Maintenance & Operation 46.73% 770I 99,077E 01 0' 447,9411 01 0= 459,070i 53,7751 0€ 230,5421 0 0' 117,413� 48,0001 0 43,888 01 0 0 424,7501 0 1,042,150 789,9691 0 2,440,851 1,339,5941 0 139,979 515,6181 0 694,6051 1,021,200 0 87,152 2,548,390, 0 94,773 129,1600 161,0261 678,4151 0 0 443,5001180,000, 55,3961 338,900( 65,000' 638,481 105,1751 0 412,0291 841,320 23,1001 of 0 0i 0 0 0 0 01 0� 0! 0 0 0i 971,0001 0 971 0001 1,500,000 0, 0; 316,563` 0 51,008 Os 78,146 0i 3,284 Oi 01 200,0001 01 01 93,6781 0` 337 7071 23,8701 99,0771 447,9411 512,8451.11 230,5421 165;4131 43,888 1,395,7501 1,832,119 4,751,4451 2,155, 5971 2,032,368 2,686,550 302,079 842,7251 623,500 659,296 837,334 1,591,0561. 47.46% 46.73% 0.33% 5.48% 100.00% Fiscal Year 2010-11 Expenditures By Object - All Funds Personnel Services 47.46% Fiscal Year 2010-11 Expenditures By Object - General Fund Personnel Services CapitalImprovements85.47% 0.37% Capital Outlay 0.02% Maintenance & Operation 14.14% 16 001 General Fund 001 General Fund 001 General Fund 001 General Fund 001 :General Fund 109 !Gas Tax Fund 115 `Parks Capital Outlay Fund 627 :Liability Insurance Fund 628 'General Services 629 Office Equipment Depreciation Fund 632 ,General Accounting Services Fund 633 Unemployment Reserve Fund 301 Grant - CDBG Fund 522 511 Low & Moderate Income Housing Fund Tax Increment Fund CITY OF NATIONAL CITY FUND TRANSFERS DETAIL FISCAL YEAR 2010-11 104 :Library Fund 105 _Parks Maintenance Fund 166 :Nutrition Center Fund 212 !Personnel Compensation 196 :Capital Project Reserve 001 'General Fund 001 'General Fund 001 !General Fund 001 'General Fund 001 !General Fund 001 !General Fund 001 !General Fund 001 'General Fund 261 !CDC Debt Service Fund 159 :General Plan Update Fund Operating Subsidy Operating Subsidy Operating Subsidy Voluntary Separation Incentive Operating Subsidy Operating Subsidy Operating Subsidy Operating Subsidy Operating Subsidy Operating Subsidy Operating Subsidy Operating Subsidy Expenditure Recovery Total General Fund Impact Debt Service Funding General Plan (819,208) (456,012)' (366,260)1 (1,000,000)? (85,341) 700,000 575,000 400,000 200,000 900,000 200,000 1 200,000 1 123,960 572,139 861,865 666,667 City Council City Clerk City Manager Revenue & Recovery Fiscal Services City Attorney Planning Personnel Nondepartmental City Treasurer Police Fire -Operations Building & Safety Management Info. Sys. Engineering P.W. Operations Streets Recreation Library Parks Sewer Refuse Personnel Compensation Section 8 Facilities Maint. Risk Management General Services Info. Systems Maint. General Accounting Vehicle Services Totals CITY OF NATIONAL CITY INTERNAL CHARGES FISCAL YEAR 2010-11 0 48,253 54,270 4,060 23,324 10,134 6,567 0 146,609 0 8,404 764 4,001 10,641 14,548 2,177 0 40,534 0 20,093 9,478 2,993 16,875 10,891 6,175 0 66,505 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 5,910 122,604 5,512 19,670 40,538 3,284 0 197,517 0 10,726 10,854 6,342 33,428 16,215 16,488 0 94,053 0 7,035 764 5,334 14,511 6,081 3,284 0 37,009 0 0 0 0 0 0 0 0 0 0 1,347 459 267 6,557 2,028 1,107 0 11,764 0 772,764 754,735 51,682 218,734 778,749 134,908 929,287 3,640,859 0 139,304 34,702 19,410 84,376 38,490 51,143 229,218 596,644 0 13,767 24,613 6,697 23,432 15,437 7,673 41,322 132,940 0 0 0 0 0 0 0 0 0 0 18,944 180,085 13,217 52,238 45,427 14,168 15,380 339,459 (751,200) 9,817 611 5,719 18,165 8,109 4,391 26,498 (677,890) 182,166 37,146 95,699 9,157 27,086 2,028 9,851 247,748 610,88 0 455,631 23,084 6,579 34,288 12,162 18,023 35,578 585,34 0 194,145 764 504 62,664 42,563 18,880 40,952 360,472 0 0 39,288 3,793 30,741 4,053 14,204 141,756 233,835 182,166 11,432 92,794 15,884 46,219 78,672 8,780 94,874 530,821 22,536 0 0 0 0 0 1,071 0 23,607 0 0 0 0 0 0 (356,900) 0 (356,900) 0 0 2,850 0 0 9,750 0 13,156 25,756 182,166 (1,853,015) 153 40,806 42,672 2,028 11,492 37,246 (1,536,453) 0 1,885 (1,459,579) 2,134 43,854 2,028 1,107 0 (1,408,572) 0 36,222 764 (254,972) 34,395 4,053 2,712 0 (176,824) 0 0 0 0 0 (1,209,750) 3,284 0 (1,206,466) 0 13,216 0 14,728 (889,875) 55,634 10,100 0 (796,196) 182,166 46,974 10,243 36,154 46,004 10,134 6,032 (1,853,015) (1,515,309) 0 0 0 0 0 0 0 0 0 18 CITY OF NATIONAL CITY SUMMARY OF AUTHORIZED POSITIONS BY FUND FISCAL YEAR 2010-2011 General Fund: ;Abandoned Vehicle Abatement Officer Accounting Assistant lAdminstrative Secretary [Animal Control Officer [Aquatics Manager PIT Assistant City Manager Assistant Civil Engineer Assistant Planner ,Assistant Police Chief ;Associate Civil_Engineer Associate Planner Building Inspector/Plans Examiner Building Official 'City Attorney_ 1City Clerk [Cif Engineer [City Manager iICity Treasurer (Civil Engineering Technician Code Conformance Officer Community Service Officer [Community Services Director (Confidential Assistant Corporal Officer Council Members F Crime Analyst 'Crime Scene Specialists DeputLFire Marshall [Dir. of Public Works & Special Projects Director of Bidg & Safety Director of Planning Emergency Services Director sEquipment Operator 'Executive Assistant II Executive Assistant III ;Executive Assistant IV [Executive Director !Executive Secretary !Fire Battalion Chief Fire Captain 'Fire Chief 'Fire Engineer 'Fire Inspector Firefighter 'Graffiti Removal Assistant 001 0-00 �._.:. 2.00 001 3.00 3.00 001 3.88 3.88 001 2.00 m 2.00 001 0.22 0.00 001 0.70 0.70 001 0.80 0.95 001 1.00 1.00 001 , 1.00 001 0.00 001 1.00 001 1.00 001 t 0.00 001 0.50 001 1 0.50 001 0.25 001 0.40 001 r 1.00 001 0.80 001 0.66 001 1 001 I 1.00 001 1.00 001 001 001 1.00 001 2.00 001 1.00 001 0.60 001 1.00 001 0.70 001 0.00 001 2.00 001 I 3.58 001 0.60 001 0.70 001 0.20 001 1.75 001 4.00 001 9.00 001 1.00 001 9.00 001 1.00 001 19.00 001 0.33 2.00 0.00 3.63 2.00 0.50 0.35 1.00 1.00 1.00 1 0.20 L 1.00 1.00 1.00 1.00 1.00 1.00 1.00 0.50 i 0.50 1 0.50 0.50 0.30 0.40 0.25 0.40 1.00 1.00 1.65 t 2.05 0.66 0.66 1.00 1.00 1.00 t 1.00 1.00 . 0.00 19.50 4.00 1.00 21.00 21.00 3.48 4.00 1.00 2.00 1.00 1.00 0.70 _I____ 070 _i 0.00 0.00 0.00 0.00 0.00 1.00 2.00 .__._ 2.00 3.58 3.76 0.70 1.70 w 0.70 0.50 0.20 0.20 1.50 1.41 4.00 4.00 9.00 i 9.00 1.00 0.00 9.00 9.00 1.00 j _ 1 00 19.00 19.00 0.33 0.33 2.00 19 CITY OF NATIONAL CITY SUMMARY OF AUTHORIZED POSITIONS BY FUND FISCAL YEAR 2010-2011 ;Graffiti Removal Technician 001 Human Resources Director 001 ;,Information Systems Manager 001 Information Systems Technician I 001 Information Systems Technician II I 001 ;Investigative Aide 001 ;Lifeguard PIT _...._ ..._ __ ____.__._ 001 Maintenance Worker 001 (Management Analyst 1 001 j Management Analyst II Management Analyst III 001 2 00 1.50 iManagement Intern E 001 1.00 ( 1.92 Mayor 001 I 1.00 1.00 i 1.00 Neighborhood Council Coordinator 001 1.00 1.00 1.00 'Neighborhood Council Specialist 001 1.00 0.50 0.50 r _ . . 0.00 0.00 ;Neighborhood Service Manager 001 0.33 I !Office Assistant I 001 i 0.88 0.88 0.88 'Parking Regulations Officer 001 I 3.00 3.00 3.00 [permit Technician 001 1.00 1.00 'Planning Technician 001 1.00 _ Police Chief 001 1.00 ' 1.00 I 1.00 !Police Dispatcher 001 12.00 12.00 12.00 !Police Lieutenant 001 6.00 6.00 6.00 Police Officer- 001 47.58 46.50 49.10 [Police Operations Asst 001 1.00 1.00 t 1.00 Police Records Clerk 001 4.00 4.00 4.00 Police Records Clerk - P/T j 001 2.98 2.98 2.98 ;Police Records Manag_er 001 E 1.00 1.00 I 1.00 Police Recruit 001 0.00 1.00 0.00 Police Sergeant 001 13.00 ( 13.00 ; 13.00 'Police Support Service Mgr. 001 1.00 1.00 j 1.00 Principal Civil Engineer 001 0 15 0.25 Principal Planner 001 1.00 1.00 }Property & Evidence Spec I 001 ; 1.00 . 1.00 Property _. _..._ ... __ .__ _,. p rty & Evidence Spec II 001 1 DO 1.00 Property & Evidence Supervisor 001 1.00 1.00 i 1 00 i Officer/MA_._...1.00 .00 1.00 IPubhc InfoIII 001 1 Records Mgt Officer 001 0.50 0.50 _ _ 0.50 _ (Recreation Aid P/T 001 4.05 4.05 ; 5.76 1Center Supervisor 001 0.75 0.75 0.75 Recreation _.- - _ _ ;Recreation Leader I P/T 001 3.20 _3.20___ 0 66 ;Recreation Leader II P/T 001 0.06 0.06 0.14 ;Recreation Leader III - PIT 001 0.67 0.67 0.76 !Recreation Specialists-P/T 001 3.22 322 3.41 Recreation Superintendent 001 1.00 i 1.00 1.00 Recreation Sup.................................................................9,1 2.00 2.00 2.00 0.33 0.88 0.40 0.10 0.10 1.00 3.35 2.00 0.00 001 i._._ 1.58 1.38 0.33 0.88 0.40 0.10 0.10 1.00 2.98 2.00 0.00 0.33 _I m 0.88 0.00 0.00 __J$ 0.00 1.00 3.35 2.00 0.50 1.88 2.00 _.j 1.94 1.00 1.00 1.00 0.20 1.00 1.00 1.00 20 --- 0O1 O��5 &25 Reserve Coordinator / - 001 ! 288 � 88 2OO | Reserve Officer' � -|_ �� ! - ' Senior Accountant 1 001 | 1.00 | 1.00 | 0.00 Senior � 001 | O�O041- 1�00 O�OO -- 00� � 1 0O 1�00 1�UU | kx�B|Ug�|n»porh�� � kxCivil Engineering Technician | 001 0.80 0.95 0.80 kvCode Cnnho -OMiver ! 001 | 0.33 0,33 _ 0.33 � " ,Senior Construction ' 001 � U�4O | [i9O � [iSO -- � O01 1 OO 1.00 1 U0 Senior Equipn�entOperator � ,Senior L|Keouard'P/ --T . 801 0.20 0.00 0.20 | !Senior Office Assistant ' 001 6.35 � 05O 5.55 [Senior | 0O1 O�50 0�50 0.50 �" ~f � � }8eninrPolice Dispatcher' 001 1.00 i 1.00 i 1.00 iSenior Traffic Painter 001 i 1.00 1-00 1.00 � 8r.AonL City Attorney, 001 ! 0.65 0.00 | 0.55 |OcAooL City Attorney-_ 001 | 0.50 0.50 K50 - 0O1 | O20 OOO O50 � ,STOP � � � ' ) Street & Wastewater u4u|nLSupervisor 001 0.50 0.50 0,50 � Street Sweeper Operator 001 _ 1.00 1.00 i_ 100 tudontVVorker-PT �01 1�00 0.50 ! 0.50 | -'- 001 � 070 i 075 | 080Traffic Painter � 001 | |0.56 -1 |Libran/Fund: !City Librarian �- 104 -[- 1l}0 �l 1.00 i 1.00 Librarian\ 104 < 2.00 ! 2.00 1 2.00 Librarian - � 1U4 2�8G l85 2�74 | PIT � ���mAs��ant'R7 104 420 420 3.63 - -- � 104 O8O 000 \ OO ^Library Qerk'P/T ' .� .�O^_� Library Technician 104 3.80 3.00 3.00 bnor�Teoknicion'P/T 104 0.00 0.00 | 0.85 / [Office Aides - P/T 104 555 | 555 ! 531 � 104 l 1OO | 10V 1UO UPrnx�pa Librarian � �_� | ^ ,^ 3- ~"" | 1U4 | l�ou i /.00 � ..vv � ' 0*nior(}�uoAooia(ant �p�,xuuupin�pnnncpFond ,Lead Tree Thnnn�or 105 1�00 1.00 1.00 , 1O5 5UU | 50U 5.00 'Park Caretaker . xi Park �-J Su Superintendent � 105 | 1.00 100 1.00 | |ParkOuoon�oor \ 105 i 1.00 1.00 1.00 Parks Eq-- | 105 1.00 1.00 1.00 � -` ' � i 1O5 1 OO 1 0O 1 O0 ! uona|Pad'Ajde P/T ' � . �z�u ' / '°' '~` _f �~` �-' t`�-kxParkCar�t�kor 1 105 3L00 i 3.00 3.00 '-- | 1U5 � 20V 1 2OO [ 2OO \ |Tn�eThnnnn�r ' / � � � . � / CITY OFNATIONAL CITY � SUMMARY QFAUTHORIZED POSITIONS BYFUND FISCAL YEAR 2010-2011 onin,Ubrag/Teohn��n m�"i^,rx�,e4rxir�nr» 001 1.00 \ 1.00 i 1.00 ] + ' | / 21 CITY OF NATIONAL CITY SUMMARY OF AUTHORIZED POSITIONS BY FUND FISCAL YEAR 2010-2011 Gas Tax Fund: Associate Civil Engineer City Engineer Civil Engineering Technician Executive Secretar Management Analyst II Principal Civil Engineer !Senior Construction Inspector [Senior Office Assistant 1 ;Traffic En.ineer Sewer Service Fund: ;Administrative Secretani 125 'Assistant City Manager 125 'Assistant Civil Engineer 125 City Engineer 125 City Manager 125 125 125 125 , 109 109 109 109 109 109 109 109 109 Civil Engineering Technician I Dir. of Public Works & Special Projects Equipment Operator Executive Assistant IV 0.00 020 0.50 0.05 0.05 0.25 0.20 0.05 0.00 0.05 0.00 0.05 0.00 0.25 0.00 0.05 0.00 0.05 0.00 0.05 0.00 0.00 0.00 0.05 1 0.00 _- 0.05 i 0.00 ,___ _020 020 - 0.10 0.00 0.25 0.10 0.02 0.00 0.20 0.20 0.20 0.10 4 0.100.10 _ 0.60 0.13 1 0.05 0.40 0.30 0.30 2.00 1.00 1.00 125 0.00 0.10 0.10 Executive Secretary 125 0.05 0.05 0.05 Maintenance Worker 125 3.00 3.00 3.00 i Management Analyst II 125 0.10 0 00 E 0.00 !Management Intern - P/T 125 0.00 0.01 0.00 Principal Civil Engineer 125 0.20 0.20 ' 0.20 !Senior Civil Engineering Technician 125 0.10 0.01 i 0.20 [ iSenior Construction Inspector 125 0.20 0.10 i 0.10 'Senior Office Assistant 125 0.05 0.10 0.10 ;Stormwater Compliance Inspector 125 1.00 1.00 ; 1.00 )Street & Wastewater Maint. Supervisor 125 0.00 0.50 0.50 Street Maintenance Supervisor 125 0.50 0.00 : 0.00 1 Wastewater Crew Chief 125 0.00 .00 1.00� State Public Library Fund: Librarian - PIT Libra Assistant -P/T !Swimming Pool Revolvin ,Aquatics Manager P/T !Lifeguard 'Senior Lifeguard - P/T General Plan Update Reserve Fund: 154 0.19 0.19 154 0.00 0.00 0.53 158 0 28 0.50 0_00 158 0.00 0.37 0.00 - 158 0.00 0.20 0.47 22 CITY OF NATIONAL CITY SUMMARY OF AUTHORIZED POSITIONS BY FUND FISCAL YEAR 2010-2011 Neighborhood Council Specialist Principal Planner ?Nutrition Fund : Dishwasher ;Executive Chef Food Service Worker 1Home Delivered Meals Coordinator ?Kitchen Aide [Nutrition Custodian Nutrition Driver ,Nutrition Program Manager [Office Assistant Sous Chef dkr Library School Distri Library Assistant PIT 1 Library Clerk - P/T Trash Rate Stabilization Fund: Street Sweeper Operator (National School Dis Police Officer Contract: [Sweetwater School District Con Police Officer IMP Project Fund: STOP Grant Office Coord 159 0.00 0.17 0.00 159 166 166 166 166 166 166 166 166 166 166 0.00 0.33 0.00 0.50 0.50 0.50 1.00 1.00 1 00 3.25 3.25 3.25 1.00 1.00 1.00 1.00 1.00 1-00 - 1 1.00 0.00 1 0.00 i 1.50-___�..-----1.501.50 Y_. 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 171 1.23 0.48 174 1.50 0.37 0.00 1.00 0.33 0.30 1.67 __ .__- 0.60 191 0.80 i 1.00 Security and Alarm Regulation Fund: r ,Alarm Program Coord 211 1.00 of t !Abandoned Vehicle Abatement Grant: • Abandoned Vehicle Abatement Officer 230 1WINGS Grant:** I Librarian LibraryAssistant Library Assistant -PTT Library Clerk-P/T !Office Aides - P/T Senior Libra Technician 246 0.00 246 0.00 246 0.00 246 1.44 246 0.00 246 .w_..i 1.00 0.50 1.00 1.00 0.00 0.00 0.00 1.00 0.00 2.00 0.00 0.95 0.00 30.12 0.00 , 3.01 0.00 0.00 23 CITY OF NATIONAL CITY SUMMARY OF AUTHORIZED POSITIONS BY FUND FISCAL YEAR 2010-2011 IPolice-Federal Grants Fund: Police Officer ;HUD Healthy Homes Grant Fund: Housing Inspector II Lead Housing Inspector ;Community Develapment Biock Grant: !Accountant Community Specialist 1 Community Specialist 11 Housing Inspector II Proposition "A" Fund: Associate Civil Engineer !City Engineer Civil Engineering Technician Executive Secretary EManagementAnalyst II !Management Intern- P/T Princpal Civil Engineer Senior Civil Engineering Technician !Senior Construction Inspector Senior Office Assistant Traffic En. ineer Library Grants Fund: ?Librarian Library Assistant Library Assistant - P/T Library Clerk - P/T Library Technician Prop 18 Fund: City Engineer Civil Engineering Technician [Principal Civil Engineer 001,11 Section 8 Fund: Accountant Community Development Manager ;Executive Director Housing Assistant Mousing Program Manager ;Housing Specialist 290 _�. 0.62 301 0.00 301 0.00 301 0.00 301 0.00 307 307 307 307 307 307 307 307 307 307 307 320 1.48 320 1.00 320 0.96 320 0.48 320_. 1.00 346 346 346 0.00 0.00 0.00 502 0.00 502 0.00 502 0.00 502 3.00 502 1.00 502 ..�_ _ 338.. 0.50-��-1.50 0.00 1 0.25 0.00 0.70 0.75 0.85 0.00 0.85 0.60 0.25 0.81 0.10.... _...t 0.30 0.01 �. 0.35 0.01 0.00 0.30 0.15�� 2.00 1.00 0.96 0.48 1.00 0.00 0.00 0.00 0.00 0.20 0.65 0.10 0.00 0.00 0.20 0.00 0.00 0.30 0.15 0.00 0.00 0.00 0.00 0.00 _.._ 0.05 0.15 0.15 0.00 i 0.20 0.50 0.50 0.10 � 0.10 2.00 2.00 1.00 1.00 4.50 ; 4.50 24 CITY OF NATIONAL CITY SUMMARY OF AUTHORIZED POSITIONS BY FUND FISCAL YEAR 2010-2011 Senior Housing Specialist Senior Office Assistant iTrainina Coordinator 'HOME Fund: Community Specialist 1 ;Communi Specialist I1 [Lead Housing Inspector [Tax Increment Fund: ;Accountant !Accounting Assistant Administrative Secretary [Assistant City Manager ;Assistant Civil Engineer ;Associate Civil Engineer Buyer City Attorney City Clerk (City Engineer `City Manager Civil Engineering Technician 502 ! 1.00 1.00 502 1.00 1.00 502. 0.46 i 0.44 1.00 1.00.. 0.44 505 0.00 0.25. 0.15 505 0.000.25 0.15 505 0.00 ! 0.00 1.00 511 511 511 511 511 511 511 511 511 511 [Code Conformance Officer 511 'Community Development Director 511 'Community Development Manager 511 Community Development Specialist 511 ;Community Specialist I 511 'Community Specialist 11 511 ICouncil Members 511 0.52 i Director of Finance 511 I 0.30 Director of Planning 511 i 0.30 Executive Assistant II 511 7 0 22 !Executive Assistant III 511 0.40 Executive Assistant IV 511 0.30 Executive Director 511 0.80 iExecutive Secretary 511 4 1.10 !Financial Services Officer -Graduate Intern ?Graffiti Removal Assistant 'Graffiti Removal Technician Housing Inspector PIT I Housing Inspector I Housing Inspector II Human Resources Director Information Systems Technician I 2.50 0.25 1.42j 0.20 0.10 0.15 0.15 I 0.50 0.50 0.25 0.50 0.10 1.34 1.00_. 2.00�� 2.00 0.00 1.00 511 0.30 rv..._ 511 1.00 511 0.67 511 0.67 511 0.00 511 1.00 511 1.00 511 0.12 511 1.00 2.50 0.25 1.42 0.30 003 0.15 0.15 0.50 0.50 2.65 0.50 1.67 0.40 0.00 0.00 0.30 0.50 0.50 0.25 i 0.25 0.50 0.50 0.16 0.10. .. 1.34 1.34 0.00 0.00 1.00 0.75 2.00 1.50 0.75 0.00 0.00 0.00 0.00 0.30 0.40 0.00 0.00 0.22 0.24 0.30 0.30 0.20 ._.. 0.40 0.70 0.70 1.30 1.44 0.30 0.40 1.00 1.00 0.67 0.67 0.67 0.67 _ 1.00 1.00 .._- 1..00 1.00 0.88 0.15 0.12 0.12 1.00 1.00.. 25 CITY OF NATIONAL CITY SUMMARY OF AUTHORIZED POSITIONS BY FUND FISCAL YEAR 2010-2011 !Lead Housing Inspector .Management Analyst I ManagementAnalyst II Management Analyst III Management Intern Neighborhood Council Specialist Neig_hborhood Service Manager 'Office Assistant jPayroll Technician ;Principal Civil Engineer Principal Planner Purchasing Agent [Purchasing Clerk 511 'Records Mgt. Officer 511 Risk Manager ; 511 ISenior Accountant 511 Senior -Civil Engineering Technician 511 Senior Code Conformance Officer 511 Senior OfficeAssistant 511 1Sr. Asst. City Attorney 551111 'Stock Clerk/Storekeeper Traffic Engineer 511 !Undergraduate Intern 511 =Low and Moderate Income Housing Fund: 1Community Develo ment Mana er 522 1.00 1Communit Develo.mentSpecialistI i 522 € 511 511= 511 511 511 511 511 511 511 511 511 ._ 511 2.00 0.00 0.22 0.00 0.00 0.00 0.67 0.37 0.00 0.15 1.00 0.15 0.15 0.75 0.25 0.00 0.00 0.67 0.50 0.35 0.00 0.30 2.00 P.W. Facilities Maintenance Fund: Budding Trades Specialists 626 1.00 Custodian 626 8.00 Electrician ___. .._ _. w_ 626 1.00 !Facilities Maintenance Supervisor 626 1.00 Plumber 626 1.00 !Supervising Custodian 626 ( 1.00 it !Liability Insurance Fund: ffice Assistant [Risk Manager ;General Services Fund: 'Buyer ;Purchasing Agent £Purchasing Clerk 'Stock Clerk/Storekeeper 0.67 0.00 0.27 0.50 0.06 ___ 0.33 0.00 0.37 0.00 0.20 0.67 0.00 0.15 0.66 0.25 0.00 0.03 0.67 _. 0.05 0.40 0.07 0.05 1.00 1 00 990 1.00 1.00 1.00 627 0.75 0.75 627 0.75 0.75 0.00 0.50 0.12______3 0.00 .._. 0.50 0.00 0.82 0.20 0.20 1.00 • 0.00 { 0.30 0.66 0.50 0.20 0.00 0.67 1 1.05 0.45�w 0.07 _0.05 100 0.75 0.65 1.00 9.00 100 1.00 1.00 1.00 0.50 628 0.85 0.85 0.70 628 0.85 0.00 0.00 628 0.85 0.85 0.70 628 1 0.48 0.41 0.41 26 CITY OF NATIONAL CITY SUMMARY OF AUTHORIZED POSITIONS BY FUND FISCAL YEAR 2010-2011 ;Information Systems Maintenance Fund: [Information Systems Manager 629 629 1 629 Information Systems Technician I Information Systems Technician II !Telecommunications Revolving Fund: !Information Systems Manager 631 Information Systems Technician I 631 I Information Systems Technician II 631 !General Accounting Fund: 1 !Accountant lAccounting,Assist Temp 3Accounting Assistant !Administrative Secretary !Director of Finance IFinancial Services Officer Office Assistant 'payroll Technician :Senior Accountant !SeniorAccounting Assistant P.W. Motor Vehicle Services Fund: Equipment Mainenance Supervisor ;Equipment Mechanic Lead Equipment Mechanic Net Change: 632 632 632 632 632 632 632 632 632 632 0.30 0.70 0.50 0.30 0.20 0.40 0.30 0.70 0.50 0.30 0.20 0.40 1.50 1.50 1.00 1.00 0.75 1 0.75 0.50 0.50 0.70 0.70 0.70 0.70 ___._.._.._.._r _-.___..___ 1.000 1.00 1.00 1.00 1.00 643 1.00 643 i 3.00 I 3.00 i 3.00 643 1.00 1.00 1.00 1.00 1.00 0.00 0.30 0.20 0.40 _0.90 1.00 mmwW 3.50 0.50 0.60 0.60 0.80 0.80......-. 1.80 1.00 1.00_ __ 1.00 (5,14) 32.78 "Note: The National City Library has temporarily hired31.76 FTE part-time employees after it has been contracted by the National School District to sponsor the WINGS after school program. Because the status of the WINGS program for FY2009- 10 was unknown at the time 41.45 FTE part-time employees were not included in the City's budget. 27 CITY OF NATIONAL CITY SUMMARY OF AUTHORIZED POSITIONS BY FUND FISCAL YEAR 2010-2011 Changes in Funded Positions *The following are positions with changes in FTE for the FY 2010-11: !Executive Assistant II Executive Assistant II Management Analyst 1-Management Analyst I Librarian [Librarian (Librarian - P/T 'Librarian - P!T Libre Assistant Library Assistant Library Assistant -P/T Library Assistant -P/T Library Assistant -P/T i Library Assistant -P/T Library Assistant -P/T Library Clerk P/T_ Library Clerk-P/T !Library Clerk-P/T Libra Clerk P/T tLibrary Technician Library Technician -PIT [Office Aides - P/T (Office Aides - P/T 001 511 001 511 320 246 104 154 246 320 154 1.58 1.58 0.22 0.22 0.00 0.00 0.00 0.00 1.48 2.00 0.00 3 0.00 2.85 2.85 0.19 0.19 1.76 0.24 0.50 0.50 0.00 1.00 2.74 0.53 0.Ot).. ... _.___0.00 2.00 1.00 1.00 1 0.00 0.00 0.00 171 0.00 246 j 0.00 320 r 0.96 104 4.20 104 0.80 171 1.23 246 1.44 320 0.48 320 1.00 104 0.00 104 246 5.55 ' 0.00 - 0.00 0.00 0.00 0.96 4.20 3.63 0.80 ( 0.00 0.48 [ 0.00 0.00 s_. 30.12 0.48 i 0.00 1.00 0.00 5.55 Net Change: 32.7 0.56 0.37 0.95 0.00 0.00 0.85 5.31 3.01 28 CITY OF NATIONAL CITY SUMMARY OF FROZEN POSITIONS BY TITLE FISCAL YEAR 2010-2011 The following are positions that are Frozen (Unfilled and Unfunded) for the FY 2010 11: (Administrative Secretary rAdministrative Secretary ;Animal Control Officer {Associate Civil Engineer [Associate Civil Engineer [Associate Civil Engineer Associate Civil Engineer !Associate Planner !Building Inspector/Plans Examiner Civil EngineeringTechnician Code Conformance Officer Code Conformance Officer Community Development Specialist 'Community Service Officer (Corporal Officer 'Crime Scene Specialists Custodian Executive Assistant II [. Fire Battalion-C.-Wei- Graduate Intern using Infector PIT Housing Inspector I Information Systems Technician II ;Information Systems Technician II l Information Systems Technician II =Kitchen Aide IManagementAnalyst II Management Analyst II Management Analyst 11 Management Analyst II Management Analyst III [Management Intern 'Management Intern [Management Intern PIT 'Management Intern P/T €Management Intern - PIT ;Parking Regulations Officer Police Dispatcher [Police Records Clerk - PIT !Principal Librarian Public info Officer/MA III Recreation Superintendent Reserve Coordinator Seasonal Park Aide - P/T 0.00 0.00 1.00 001 ! 0.00 (w._.. 133 1.00 511 0.00 1 0.67 0.00 001 0.00 [ 1.00 1.00 001 0.00 0.20 s 1.00 109 0.00 0.05 0.00 307 0.00 0.60 0 00 511 0.00 0.15 0.00 001 0.00 1.00 1.00 001 0.00 # 1.00 i 1.00 001 0.00 0.00 1.00 • 001 0.00 0.33 0.33 511 3 0.00 0.67 0.67 511 0.00 1.00 1.00 001 0.00 1.00 __. 1.00. ___.: 001 0.00 i 1.00 1.00 001 0.00 1 too . j 1.00 626 0.00 1 0.00 2 00 001 0.00 1 1.00 1.00 001 0.00 1.00 1.00 511 0.00 0.00 1.00 511 0.00 0.00 1.00 511 ..__ 0.00 1.00 1.00 001 0.00 0.10 0.00 629? 0.00 0.50 0.60 631 0.00 0.40 0.40 166 0_a00._:50_ _ .. 0.00 001 0.00 1.38 1.88 109 0.00 0.05 0.00 307 000 1 0.30 0.00 511 0.00 0.27 0.12 001 0.00 t 0.00 1.00 001 0.00 0.00 0.44 511 0.00 0.00 0.06 001 0.00 1.48 1.50 125 0.00 0.01 0.00 307 0.00 0.01 0.00 001 0.00 1.00 1.00 001 0.00 2.00 0 00 001 0.00 0.00 0.98 104 0.00 1.00 1.00 001 0.00 1.00 1.00 001 0.00 0.00 1.00 001 0.00 i 0.00 0.25 105 0.00 0.00 0.50 29 CITY OF NATIONAL CITY SUMMARY OF FROZEN POSITIONS BY TITLE FISCAL YEAR 2010-2011 The following are positions that are Frozen (Unfilled and Unfunded) for the FY 2010-11: ((Continued) ;Senior Accountant 632 0.00 Senior Accounting Assistant 632 0.00 ;Senior Bldg,:: Inspector 001 0.00 Senior Library Technician 104 0.00 0.00 Senior Office Assistant PT 001 0.00 0.50 Senior Park Caretaker 105 0.00 0.00 ITree Trimmer 105 0.00 i 1.00 1.00 1.00 0.00 1.00 1.00 1.00m 1.00 0.50 .m_._..a 1.00 1.00 30 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 22, 2010 OM TITLE: Notice of Decision — Planning Commission Approval of a Modification to a Conditional Use Permit to extend hours of operation for the sale of alcohol, karaoke, and live entertainment at an existing restaurant located at 1615 Sweetwater Road. (Applicant: Dr. Benjamin Camacho) (Case File No. 2010-01 MCUP) (APN 563-161-65) AGENDA ITEM NO. 36 PREPARED BY: Michael Fellows, Planning Technicia PHONE: 619-336-43151 EXPLANATION: The project site is an existing restaurant located within a commercial building at the corner of Sweetwater Road and Grove Street in the General Commercial — Planned Development zone. DEPARTMENT: APPROVED cs/Planning. The applicant is requesting to extend the hours to sell alcohol and host karaoke and live entertainment Thursday through Saturday until 12:00 p.m. and Sunday through Wednesday until 11:00 p.m. Currently, the existing CUP (2004-11 MCUP) allows alcohol sales and entertainment until 11:00 p.m. on Fridays and until 10:00 p.m. the rest of the week. The request was considered by Planning Commission on April 5, 19, and June 8, 2010. Concerns expressed at the hearings included recent calls for police assistance and impacts to adjacent residents. he Commission approved the request since a condition was added that specifies further review by the mmission in one year at the request of the Police Department, if warranted. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION: On June 8, 2010, the Planning Commission approved Conditional Use Permit Modification (5-0 vote) Ayes: Farias, Alvarado, Reynolds, Pruitt, Flores. Absent: Baca, DeLaPaz. ATTACHMENTS: 9Resolution No. 11-2010 Location map 3. Applicants plans dated 01/12/10 4. Police Department comments 5. Letters in support of the applicant's request 6. Letter withdrawing opposition to the request RESOLUTION NO. 11-2010 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A MODIFICATION OF A CONDITIONAL USE PERMIT TO EXTEND HOURS OF OPERATION FOR THE SALE OF ALCOHOL, KARAOKE, AND LIVE ENTERTAINMENT AT AN EXISTING RESTAURANT LOCATED AT 1615 SWEETWATER ROAD APPLICANT: B. CAMACHO CASE FILE NO.: 2010-01 MCUP APN 563-161-65 '[ AS, the Planning Commission of the City of National City considered a Moe. :, a Conditional Use Permit to extend the hours of alcohol sales until 12:00 p.m. Thur ; gh Saturday and until 11:0 p.m. Sunday through Wednesday from Sunday through We an existing restaurant within a conunercial building located at 1615 Sweetwater Roar ,' City at duly advertised public hearings held on April 5, April 19th, and June 7th, 201 : time oral and documentary evidence was presented; and, 13AS, at said public hearings the Planning Commission considered the staff reports cont,; :zse File No. 2010-01 MCUP maintained by the City and incorporated herein by refer( with evidence and testimony al. said hearing; and, i1;AS, this action is taken pursuant to all applicable procedures required by State law a: ov; and, ',AS, the action recited herein is found to be essential for the preservation of public -. fety, and general welfare. 'THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Nation g".alifomia, that the testimony and evidence presented to the Planning Commission at the p ':parings held on April 5, April 19, and June 7, 2010, support the following findings: FINDINGS OF APPROVAL •'.le site for the proposed increase of hours of operation is adequate in size and shape, request to extend hours of operation is a relatively minor change and the applicant •r stalled security lighting, security cameras and has hired security personnel for stay, Friday, and Saturday nights. 2. is proposed use will not have an adverse effect upon adjacent or abutting properties restaurant is an existing use and the request for increased hours is minor increase uurs of operation. 1 3_ That the proposed request to increase the hours of operation will contribute to the viability of the restaurant which is an established and permitted use in the general commercial zone_ 4. That public convenience and necessity may be served by the proposed use of the property for the retail sales of alcoholic beverages pursuant to law. BE IT FURTHER RESOLVED that the application for Modification to a Conditional Use Permit is approved subject to the following conditions: CONDITIONS OF APPROVAL General i. This Conditional Use Pennit authorizes the continued sale of alcohol (including wine, beer and distilled spirits) for on -site consumption at a restaurant located at 1615 Sweetwater Road. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibit A, Case File No. 2010-01 MCUP, dated 1/12/2010. 2. 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. 3. 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 infonnation 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_ 4. This Conditional Use Permit may be revoked if the operator is found to be in violation of Conditions of Approval pursuant to Municipal Code Chapter 18.116. 5. All persons who will be serving alcoholic beverages shall receive L.E.A.D. (Licensee Education on Alcohol and Drugs) training in Responsible Beverage Service from the State Department of Alcoholic Beverage Control or Responsible Hospitality Coalition. 6_ In accordance with Land Use Code Section 18.71.060, the sale of alcohol shall be incidental to the sale of food. With the annual renewal of the City business license, the business owner shall submit a statement clearly indicating total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by employees of the City, who are authorized to examine, audit and inspect such books and records of the license, as may be necessary in their judgment to verify that the sale of alcohol does not exceed the sale of food. All information obtained by an investigation of records shall remain confidential. 2 7. The business owner shall comply with all regulatory provisions of the State of California Business and Professions Code, Section 25600 through 25667, currently in effect or as may be amended, regarding sales, displays and marketing or merchandising of alcoholic beverages. Building Division 8. Any and all building permits shall comply with the 2007 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. Fire 9. All plans submitted for permits shall include information related to emergency egress, occupancy and exit signage to the satisfaction of the Fire Marshall and/or the Building Official_ Planning Division 10. The sale of alcoholic beverages shall be prohibited after 11:00 p.m. Monday through Wednesdays and after 12:00 a.m. Thursday through Saturdays. 11. The sale and consumption of all alcohol products shall be limited to interior areas of the restaurant and shall be prohibited in the patio area. 12. Karaoke and live entertainment shall be limited to interior areas of the restaurant and shall be prohibited in the patio. 13. No coin operated amusement devises shall be operated on the premises. 14. The business owner shall post and maintain signs on the exterior building walls stating the following: "It is unlawful to drink an alcoholic beverage or to possess an open alcoholic beverage container in public or in a public parking lot." NCMC 10.30.050 and 10.30.060." The placement, size, and type shall he in accordance with Municipal Code Chapter 10.30.070. 15. This Conditional Use Permit Modification shall be subject to a one year probationary period, and Planning Commission shall review the CUP if determined necessary by the Police Department. Police Department 16. Permittee shall comply with all regulatory provisions of the Business and Professions Code that pertain to the sale, display and marketing or merchandising of alcoholic beverages or to live entertairunent. 17. The applicant shall obtain and maintain a permit from the Police Department in accordance with Municipal Code Chapter 10.78 for any live entertainment event. 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 3 that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of June 7, 2010, by the following vote: AYES: Farias, Alvarado, Reynolds, Pruitt, Flores NAYS: ABSENT: DeLaPaz, Baca ABSTAIN: 4 i Subject Parcel - - - Zone Boundary titer Rd S,�,weetw 0 125 250 IFeet 500 APN: 563-161-65 Planning Commission Location Map 2010-01 M2 5 T=Hi7/1aJDD$ a N p m 4.10d 0 ION _ Id I s;J lIS 990E aJonpJoH !'rod / \ Aluo Jcop Aoua6Jaw3 ,n"cot Id bS£09 9NINI0 01 Y001 I9c 3 WJ0 96 .t ,99 Wd7 9' 99CE ,90 ` (3) N3WOM dol 4008 (3) 10M)1O01A+o1Jayx3 6-.2 „d•,99 61.. 4IS 990E abwot5 Jonbn SMO!9 n9 iI .6 p soI 896E ,ol SMOtI 9 ta) JaaiJd N3Fi�lI> d0+1 %il..ad iaa L3) IJ 'edy ,9 apismo of a64oyos,p 19d ru.E CCC'Lb pano.ddo �5J 'Hoh LL'109 05 '40100H +atoll National Ci Police Department 7110E4tiilwn TO: Chief Adolfo Gonzales FROM: Sgt. Graham Young DATE: May 20, 2010 SUBJECT: Conditional Use Permit modification of CUP-2004-11. Request to extend hours for alcohol sales and live entertainment at Ben's Restaurant. BACKGROUND Ben's Restaurant is an existing restaurant located at 1615 Sweetwater Road, National City. Approximately a year ago, the restaurant was closed down by the City for Building Code violations. This establishment is a Type 47 ABC license (beer, wine and distilled spirits from an "On -Sale" establishment — bar or restaurant). When I was assigned to supervise the 2008-2009 ABC GAP Grant as part of my Patrol Division duties, I was unable to conduct any enforcement operations or I.M.P.A.C.T. (Informed Merchant Preventing Alcohol -related Crime Tendencies) inspections due to the City's closure of the business. 1 conducted a site check on the location and Ben's Restaurant is located within a strip mall on the north side of Sweetwater Road. To the west of the Restaurant is the National City Golf Course. To the east is a continuation of the strip mall. To the south is another strip mall and to the north is a housing development. The only affected area by possible noise is to the north which contains a housing community. The owner has applied for extended hours of alcohol beverage sales and has proposed to extend hours until 12 p.m. Thursday, Friday and 11 p.m. for the rest of the week. Currently, the hours of alcoholic beverage sales are 7 a.m. to 10 p.m. Saturday through Thursday and 7 a.m. to 11 p.m. on Friday. During the first application for an ABC license and CUP at Ben's Cafe, the Police Department was in opposition to the license due to over saturation of ABC licenses for the census track in which Ben's Cafe was situated. Currently within the area, in a quarter mile radius there are the following licensed establishments — Hanaoka Restaurant, Casa De Oro Restaurant, Casa Del Taco Restaurant, CVS Pharmacy (previously Longs Drugs), Pizza Ilut, Chevron Gas Station and Denny's. 1 7 RECORDS CHECK Per ABC, Ben's Cafe is in the middle of an ABC license transfer to a new owner and their license is active. A records chcck on the business for Alcoholic Beverage Control (ABC) violations was negative and a Responsible Beverage Sales and Service (RBSS) check revealed that there were no observed violations. Nevertheless, a call placed to Melissa Beach (ABC Supervising Field Agent) on 04/06/10 revealed that ABC has received a complaint from a female party accusing the establishment of selling alcoholic beverages to minors. The complaint is under current investigation by ABC. Attached is a two year "calls for service" outline for Ben's Cafe. Based on the closure of the establishment for nearly a year the outline could be incomplete in its summary. Below are the calls for service synopsis, attached are the CAD prints for reference (not to be disseminated because of victim/callers information printed on the CAD printouts). Date Description of Event Sunday Feb. 24, 2008 911 call of a fight at the Restaurant - 24 males lighting, caller stated there were weapons but could not describe they type of weapons seen. Required a full graveyard squad to handle (5) officers. Officers were on scene for 16 minutes. Saturday Mar. 15, 2008 Owner (Benjamin Camacho) called regarding a list fight (4) males (2) females, medics required for injury to one of the fighting parties. Required a full squad (7) officers to handle the situation. Officers were on scene for approximately 45 minutes. Saturday Mar. 29, 2008 Self initiated parking citation in the parking lot of the 1615 Sweetwater road, handicap issue. Thursday Oct. 9, 2008 Unknown issue. Friday Oct. 24, 2008 Bar check. NO CALLS IN THE YEAR OF 2009— THE BAR WAS CLOSED BY BUILDING AND SAFETY FOR BUILDING CODE VIOLATIONS 2 8 Date Description of Event Sunday, Mar. 11, 2010 Sunday, Mar. 14, 2010 RECOMMENDATIONS 911 Call received from Ben's Cafe employee regarding patrons throwing up gang signs and pulling down there pants. Officers were unable to respond due to a shooting in the city and all police units were tied up on that call. 911 call — CI IP transfer of a fight at in the Restaurant, one victim was beat up and bleeding from the mouth (suspects were drunk).NCPD Case number 1001487 -- arrest of one of the fighting individuals for being drunk. Required (4) officers to handle the situation and officers were on scene for approximately one hour. One concern to consider, is that the with the extension of hours for the sale of alcoholic beverages and live entertainment often encourages the atmosphere of a night club which falls out of Type 47 license classification. With the request of extending live entertainment and alcohol sales, it is my opinion that the restaurant is moving toward a "bar" status and if they want to pursue this avenue, then they should have to acquire the appropriate ABC license. Very few ABC Type 47 license type restaurants in the City have "live entertainment" conditions, the restaurants that do have "live entertainment" generally pose issues where the police department has to intervene, generating a drain on police services that could be allocated to other important issues within the City. In the recent past, owners of restaurants with a type 47 ABC license were and are currently running a night club out of license type classification. This has caused major problems with neighborhoods surrounding the establishments. Numerous calls complaining about the problems associated with the operation out of license classification have come in from community members to City Hall and the Police Department demanding action to rectify issues presented by the "bar." Inturn, to try and rectify the problems the problems and has been a considerable drain in City resources to try and rectify the issue. Although there have been no ABC or RBSS violations, it is the Police Department's recommendation that a probationary period of one (1) year be imposed on the CUP for the existing CUP conditions because the business closure due to Building Code violations. After the year probationary period without any code or law violations the business can re -apply for a change in CUP for the extension of hours for alcohol sales and the Police Department would be in support of the change in the CUP. 3 9 Since Ben's Cafe is under new ownership, it seems only fair and practical to impose the same conditions on the new CUP that were imposed on the previous owner when the establishment originally obtained their initial CUP and ABC license. Respcctfu �l. emitted, Graham o \‘i_, Sergeant Special Assis ant to the Chief of Police National City Police Department 4 10 PILIPINO MEDICAL ASSOCIATION SAN DIEGO, CA 655 Euclid Avenue # 206, National City, CA 91950 Tel. No. (619) 267-3188 Fax No. (619) 267-3388 April 14, 2010 Honorable Mayor Ron Morrison Members of the National City Council Members of the National City Planning Commission Members of the Police Department Dear Sir: The Pilipino Medical Association of San Diego has known Dr. Ben Camacho for a long time and has patronized his restaurant, Ben's Restaurant Cafe, since its opening in 2004. It is the only Filipino fine dining restaurant in San Diego. We frequently hold our association's dinner meetings at Ben's Restaurant, not only because it's owned by Dr. Camacho but also because the place is known for excellent Filipino cuisine. The place is clean, nice, and safe. It also provides our members a place to relax after dinner singing with karaoke, dancing, and doing impromptu comedy acts. It is really a pleasure to see these physicians relax in an environment they feel at home with. I frequently dine at Ben's Restaurant and never have I seen an untoward incident happened inside or outside the restaurant. My colleagues who go there frequently for karaoke nights stay up late into the night without any problem as a testament to the safety that Dr. Camacho provides for the place. The Philippine Medical Association of San Diego and the rest of the community fully understand the impact of alcohol in relation to crimes and violent behaviors. Dr. Camacho, a respected cardiologist and a responsible business entrepreneur, knows this better than most of us. His request to extend the alcohol sales in his restaurant by one hour is not only reasonable but also justifiable. Ben's Restaurant has served the community well and is a major asset in bringing business to the City of National City. The Pilipino Medical Association fully supports Dr. Camacho in his effort to improve his service to the community through Ben's Restaurant. 11 Sincerely yours, Dottie Ann D. o .D. President, Pi1i ino edical Association San Diego 12 HEALTH SYSTEMS, INC. 9590 Chesapeake Drive, Suite 6, San Diego, CA 92123 Telephone No. (858) 626-8172; Fax No. (858) 560-5657 2010 le Mayor Ron Morisson of the National City Council of the National City Planning Commission client of Police zm Clarise Lopez, a nurse, and the Marketing Director of Best Care Home ystems. I have known Dr. Camacho, the owner of the only fine dining Filipino rat in San Diego, Ben's Restaurant Cafe. Because of its superb and exceptional 'rat a Filipino Restaurant can offer, I choose the place as the venue for my in - seminars for doctors, nurses, paramedical health professionals. We usually stay fir after dinner as a way of releasing some mental stress due to our job demands Ijoy the fun of entertainment that Ben's Restaurant has to offer. Restraints and on are always the key in drinking alcohol as most of us are professionals who .sits. You'll never feel or fear for violence while in the restaurants as most ustomers are also decent, good mannered business leisure guests. request that one hour extension of alcohol sales in the restaurant be granted. lg Dr. Camacho, he will never allow his most precious restaurant as an avenue for rime proliferation to the city of National City. Sincerely 1surs, CL Mar April 14, 20 13 April 13, 2010 Honorable Mayor Ron Morrison Members of the City Council- National City Members of the National City Planning Commission Department of Police/ Fire Department Dear Sir/ Madam: I would like to endorse Ben's Restaurant application to extend one hour of alcohol sales. As a medical device salesperson, I have conducted evening symposia at the restaurant involving physicians on several occasions, and have always been pleased with both the service and responsible approach by the staff regarding safe alcohol consumption. Patrons enjoy food, drinks, conversation and entertainment at Ben's in an organized setting and in a responsible manner. The restaurant ambiance is conducive to a semi -elegant, relaxing atmosphere and the management thrives on making customers feel welcome. In my opinion, management and staff treat the liquor license as a privilege that comes with responsibilities. I truly believe that the proactive approach by management and staff will continue to provide a record free of issues. Regards, Alfred unoz Medtr nic Medical Devices Sal Representative (817) 366-0573 14 JP 0 a tr MHDICAL MIS o 7 saraciiae V mile 9iriterLc»s.&t "Seloiee9 tire Noviglecal and dare Z - medical mission inc. IONS INC. FOUNDER Edwardo H. Manaig. M.D. r.R.t PRESIDENT Joe Marasignn VICE PRESIDENT Joe Nicolas TREASURER Esteta P. Manaig Nancy Eieraberh Goo SECRETARY Elsa Naytes-Sjoberg PUBLIC RELATIONS Caridad Ramos Joe Son MEDICAL DIRECTOR amin O. Canada, mil, FAct_ MISSION COORDINATORS Robert. QQtan Ron (Nan BOARD OF DIRECTORS Benjamin O. Camacho, xa_F.ec..r. Albert lblenzreta, M.D. Edwin %faldepenas, M.D. &il Gott, Phd. Rick Nacario Rog" Sicberg Pan Cacam Luisa de Alva Vutar S. Ortega Robert Namrio Cornelia Evangelista Rene Openiano Mary Ann Soriano Christine Soriano, P.A.--C Patricia Javier Annette Uarenas Edna Mae C. Bay April 13, 2010 The Honorable Chairman National City Planning Commission National City CA, 91950 To whom it may concern: The Paradise Valley International Medical Mission is a registered, charitable 501(c)3 corporation in California. As a non-profit organization, we hold our regular meetings and fund raising activities at Ben's Restaurant. During our activities at the said restaurant our members consume liquor in moderation. On nights that we are not there, other professional groups such as Filipino -American Doctors Association of San Diego, Lions, Rotary, National City Masonic Lodge, etc. hold their get together, too. Guests enjoy listening or singing at the karaoke lounge. Food is prepared at their newly renovated kitchen. Ever since the restaurant opened with license to offer liquor, there has been no reported incident of any rowdy activities in the said establishment. I hope Ben's Restaurant request for 1 hour liquor license extension will be considered. Thank you very much. Respectfully Yours, Jose resid 141arasigan nt 4194 The Hill Rd. Bonita, CA. 91902 / T: 619.474.7531 / F: 619.474.6757 / F: valmargraphics09@yahoo.com C-ii;for r,ia A:�n-i l is r} rair.It!or )( its{i MSC Physician Billing Services, Inc. Melinda S. Casas e-mail:msebilling@att.net April 12, 2010 Members of the National City Council Members of the City Planning Commission Dear Sir, 1615 Sweetwater Rd., Suite #B National City, CA 91950 Tel # (619) 474-9640 Fax # (619) 474-9644 I do Medical Billing Services Business for doctors in National City, I have known Dr. Benjamin Camacho for several years now and I have been a regular customer at Ben's Restaurant Cafe. I like the Filipino home cooking menu that the restaurant offers. I bring my friends to have lunch or dinner. Together we usually stay after dinner for some relaxing fun, karaoke or just updating each other on what's the latest in town. Although I don't sing, just being among the crowd is self fulfilling and relaxing. Everybody knows each other, It's like having a class reunion. Alcohol is always served with food, appetizers or desserts. People just want to relax and have fun after work. For several years, I have been patronizing the restaurant and based on what 1 observe, I don't see or anticipate any untoward incidents that may occur, despite one hour extension of alcohol sales. I am sure, the restaurant is a very decent and safe place, appropriate and designed for a decent crowd. Sincerely .7671/u‘) o Melinda S. C sas Owner 16 April 9, 2010 Members of the National City Council Members of the National City Planning Commission Members of the Police Department Dear Sir: I am Ms. Patricia Javier, Filipino singer, movie actress, entertainer, Mrs. Asia California -USA,_ Since I relocated, got mazried and became a permanent US resident, I have been touring different US cities doing shows and entertainment performances, mainly to Filipino communities and even a gig at a Reno Nevada Hotel. Since I am based in San Diego, I usually do hostings and special dinner shows at Ben's Restaurant. It's a way of giving some fun and joy and in a way of getting closer to my Filipino countryman and friends. During my stint doing these shows at Ben's Restaurant Cafe, people clamor for more and most of the time, we usually stay a little longer after dinner. My crowd are mainly professionals, young and old. No perceived untoward incidents or irregular behaviour occurs. It's been a priviledge and a delight doing dinner shows at Ben's Restaurant, being the only fine dining Filipino Restaurant in San Diego. In view of above observations at Ben's Restaurant Cafe, a one hour extension of alcohol sales will not in any way produce an impact in terms of crime commission or violent incidents in the community and the City of National City. Sincerely yours, i/ Ms. Patricia after aka Genesis Canlapan Walcher 17 APR.15.2010 13:20 16194774375 ELLEN SEXSION #4010 P.001/001 WORLD CLASS REALTY 550 East 8th St. Suite 1 National City, CA 91950 Tel: (619) 477-7938 Fax: (619) 477-4375 Email: wcri2001@aol.com April 15, 2010 Honorable Mayor Ron Morrison Members of the National City Council Members of the National City Planning Commission Members of the Police Department Dear Sir/Madam, . I am Mrs. Ellen Nobles-Sexsion, a civic & community leader, business owner and a Realtor based in National City. Ever since Ben's Restaurant was opened in 2004, 1 have been a loyal and regular patron of the restaurant. 1 like the home -like amhic-nec that the restaurant has which is different from any other Filipino restaurant. The place has been the avenue of meeting old and new friends, some businessmen, doctors, lawyers, nurses and even city officials. Singing the tune of karaoke is self-fulfilling and relaxing especially after hard days of work. After dinner, we still hang around because I find the place and environment free of hassles and troubles_ l will continue to patronize Ben's Restaurant not only because of Dr. Ben C macho, who is the owner, but the excellent lbod and service it offers, aside from the feeling of being safe and secure while in the restaurant. 1 hope you all cotne to experience the difference. Sincerely yours, Ellen Nobles-Sexsion 18 Concord Management 742 Market Street Unit #3 San Diego, CA 92101 Tel. 619.962.8000 April 15, 2010 RE: Ben's Restaurant To Whom It May Concern Myself and my wife were guests at numerous function hosted at the Ben's Restaurant. At all time we enjoyed the people present, the foods and the excellence of the host (Dr. Benjamin Camacho). We were never annoyed or disturbed by anyone and we did notice any altercations or arguments between people present. We will continue to participate at such events without any hesitation. If you have any questions, please do not hesitate to call me at 619.962.8000. Victor Goliac Property Manager 19 April 14, 2010 Honorable Mayor Ron Morisson Members of the National City Council Members of the National City Planning Commission Department of Police I am Raymund Quicho, the local agent of Geo Estates Development Company here in San Diego. I have been doing numerous presentations at Ben's Restaurant, owned by Dr Ben Camacho, whom I personally know. 'After work it is customary for our group to frequent Ben's restaurant and enjoy the food, music, live entertainment, and the camaraderie. It is like an extension of your workplace and your home, where everybody jokes around and have a great time. There is a unique feeling of being always safe in the restaurant because the majority of the clientele are matured, professional and responsible alcohol drinkers. The management is also always on their foot not to allow untoward incidents to happen in their establishment. Management treats their customers like friends and family with mutual respect rendered from both sides. I request that one hour extension of alcohol sales in the restaurant be granted. Knowing Dr Camacho, he will never allow his most precious restaurant and his name as an avenue for violent crime proliferation to the city of National City. tr-a4-r AA-v Meat eErL Sincerely yours, aymund Quicho Lead Agent, Sales 20 To Whom It Concern: My name is Chito Pabalan. I am a columnist/account executive of Philippine Mabuhay News, a weekly newspaper in English based in National City. Regularly, with my friends and co-workers, I come to Bens' Cafe & Restaurant after a hard day's work to relax and enjoy nerve -easing music and mouth-watering food. And because of the beautiful and peaceful ambience, we find the place the best for our regular meetings. Because of its beautiful and clean surroundings, Bens' Cafe & Restaurant is really an ideal venue for individual relaxation and group business meetings. In addition, the place is peaceful in spite of the crowding especial Chito Pabalan ?kends. 21 EDWIN P. DEL ROSARIO 3415 Paseo De Sabato, National City, CA 91950 Cell: 619.793.8123 Home: 619.472.0222 Erosario81@vahoo.com 01 June 2010 Honorable Members of Planning Commission National City Planning Commission Council Chambers, Civic Center 1243 National City Boulevard National City, California 91950-4301 Re: Withdrawal of CUP Objections xxx xxx Honorable Commissioners: 1. On May 13, 2010, I and Defendant Benjamin O. Camacho signed a deed of Settlement Agreement And Release. 2. As provided for in the "Recitals" of the said Settlement Agreement and Release, sub -paragraph 1.1, I will withdraw the CUP Objections, I've filed with the National City Planning Commission. 3. Faithfully complying with the afore -quoted stipulation of the Settlement Agreement And Release, I hereby withdraw my CUP Objections IN WITNESS HEREOF, I've hereunto signed this Withdrawal of CUP Objection this 1st day of June_ 010, at National City, California. ED P. DEL ROSARIO CUP Objector Copy Furnished: Mr. Alex Lareybi, Esq. LAREYBI & ASSOCIATES Counsel for Edwin P. Del Rosario BUILDING AND SAFETY DEPT. RECEIVED JUN 0 7 RECO NATIONAL CITY, CALIF. Page 1 of 1 22 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 22, 2010 AGENDA ITEM NO. 37 EM TITLE: Notice of Decision — Planning Commission Approval of a Conditional Use Permit for Off -Sale Alcohol at a Proposed Grocery Store at 3007 Highland Avenue. (Applicant: Bodiga Latina Corp. dba El Super) (Case File 2010-08 CUP) PREPARED BY: Martin eder V PHONE: 336-4313 EXPLANATION: DEPARTMENT: D APPROVED cs/Planning. The project site is the former Mervyns space at the Sweetwater Square Shopping Center on Highland Avenue, north of State Route 54. The space is currently being remodeled to accommodate El Super, a new 56,465 square -foot grocery store. The applicant is requesting to sell beer, wine and distilled spirits for off -site consumption in conjunction with the pending grocery store. Plans show a 40 linear -foot beer and wine cooler, a 16 linear -foot locked cabinet for distilled spirits and two areas for an end cap and pallet display. The proposed operating hours are 7:00 a.m. to 11:00 p.m. seven days a week. The Planning Commission held a hearing on June 7, 2010, at which time the applicant asked for a change in language for Condition No. 10 to allow for less than six-pack quantities to be sold and also to allow single serving alcoholic beverages. Staff indicated that no other CUPs had been approved with this language. The Commission ad to approve the CUP based on required findings and subject to the original Conditions of Approval as vided in the attached Resolution. 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 decision of the Planning Commission and recommends that the Notice of Decision be filed BOARD / COMMISSION RECOMMENDATION: The Planning Commission approved the Conditional Use Permit. Ayes: Farias, Alvarado, Reynolds, Pruitt, Flores. Absent: Baca, DeLaPaz, ATTACHMENTS: Planning Commission Resolution No. 12-2010 Location Map 3. Reduced plans RESOLUTION NO. 12-2010 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR OFF -SALE ALCOHOL AT A PROPOSED GROCERY STORE AT 3007 HIGHLAND AVENUE. APPLICANT: BODEGA LATINA CORP. DBA EL SUPER CASE FILE NO. 2010-08 CUP WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for off -sale alcohol at a proposed grocery store at 3007 Highland Avenue (APN: 563-370-43), at a duly advertised public hearings held on June 7, 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. 2010-08 CUP 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 hearings held on June 7, 2010, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the proposed use will be housed in a commercial suite within an existing shopping center and will not affect the space needs or parking needs of the shopping center. 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 the proposed use is served by Highland Avenue, an arterial street, and since the sale of alcohol in a grocery store is not expected to increase the amount of traffic to the site. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the proposed use will be compatible with other businesses; and since the proposed use will be subject to conditions that limit the sale of alcohol and restrict the hours that it will be available. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will contribute to the viability of a grocery store, an established and allowed use in the applicable commercial zone. 1 5. That public convenience and necessity may be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law_ 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 the off -sale of beer, wine and distilled spirits in a grocery store at 3007 Highland Avenue. The display of alcoholic beverages shall be limited to an area in substantial conformance with Exhibit B, Case File No. 2010-08 CUP, dated 4/26/2010. 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. Building 6. Plans must comply with the 2007 editions of the California Building Code, the Califomia Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. Planning 7. The sale of alcoholic beverages shall be limited to between the hours of 7:00 a.m. and 11:30 p.m. seven days a week. 2 8. All persons who will be serving alcoholic beverages shall receive L.E.A.D. (Licensee Education on Alcohol and Drugs) training in Responsible Beverage Service from the State Department of Alcoholic Beverage Control or Responsible Hospitality Coalition. Training shall include a component addressing domestic violence. 9_ Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. There shall be no excessive advertising and/or marketing that targets youth. 10. No beer and malt beverage products shall be sold of less than six-pack quantities per sale. There shall be no sale of single cans or bottles. The sale of beer or malt beverages in quantities of quarts, 22 ounce, 32 ounce, 40 ounce, or similar size containers shall be prohibited. 11. No sale of wine or distilled spirits shall be sold in containers of less than 750 milliliters, except for wine coolers. Wine coolers may be sold only by four -pack or other manufacturer's pre -packaged multi -unit quantities. 12. The sale of wine with an alcoholic content greater than 15% by volume is prohibited. 13. Permittee shall post signs on the exterior building walls in compliance with Chapter 10.30.070 of the National City Municipal Code. Additionally, the permittcc shall post signs, to be approved by the Planning Division, at each entrance to the applicant's premises and parking lot, prohibiting loitering and consumption of alcohol on the premises and adjacent property under his control. Said signs shall not be less than 17 by 22 inches in size, with lettering not less than one inch in height. The signs shall read as follows: a. "No open alcoholic beverage containers are allowed on these premises." b. "No loitering is allowed." 14_ The consumption of alcoholic beverages is prohibited on the subject premises, and on all parking lots and outbuildings and any property or adjacent property under the control of the applicant. 15. All cups and containers shall be sold at or above prevailing prices and in their original multi -container packages of no fewer than 12, and no cups and containers shall be given free of charge. 16. lce may be sold only at or about prevailing prices in the area and in quantities of not less than three pounds per sale. Ice shall not be provided free of charge. 17. A video surveillance system shall be installed to monitor activity throughout the project site. Details for the system shall be shown on building permit (tenant improvement) plans and shall be reviewed by and acceptable to the Police Department. Police 18. Permittee shall comply with all regulatory provisions of the Business and Professions Code that pertain to the sale, display and marketing or merchandising of alcoholic beverages. 3 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. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of June 7, 2010, by the following vote: AYES: Farias, Alvarado, Reynolds, Pruitt, Flores NAYS: ABSENT: DeLaPaz, Baca ABSTAIN: apso„, CHAIRMAN 4 Sweetwater High School Subject Parcel Zone Boundary OS r+���"'v`sTP e cc` po GNp� ct,o skake 1 1 1 0 195 390 5A` I Feet 780 APN: 563-370-43 Planning Commission Location Map 2010-08 CUP 5 05.18.10 - 40 ft Cold Beer+ Nine - 16 !1 Locked Cabinet (Spirits) • Pallet Drop Front of Beer Case ▪ Possible End Cap Display Y} 63, r 4 2r q I ) t - ---f —j- 1 I 1 I i i j...o:b.. —70 4> EXHIBIT B CASE FILE NO. 2010-08 CUP DATE: 4/26/2010 ETING DATE: CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT June 22, 2010 AGENDA ITEM NO. 38 ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $230,192.54 to the City of National City for the period of 05/12/10 through 05/18/10 PREPARED BY: D. Gallegos PHONE: 619-336-4331 DEPARTMENT: 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 $230,192.54 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Accept and File. BOARD / COMMISSION RECOMMENDATION: N/A fACHMENTS: Warrants for the period of 05/12/10 through 05/18/10 COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER #46 5/18/2010 PAYEE DESCRIPTION CHK NO DATE AMOUNT U S BANK CORPORATE PAYMT SYS CREDIT CARD EXP - REDEV 236287 5/13/10 42.25 CITY OF CHULA VISTA CHULA VISTA SVS PER AGREEMENT 236288 5/18/10 20,153.82 BEST BEST & KRIEGER LLP YOUTH ATHLETIC CENTER 236316 5/18/10 8,724.54 COUNTY OF SAN DIEGO MARINA GATEWAY HOTEL PROJECT 236317 5/18/10 2,189.60 DIXIELINE BUILDERS CASA FAMILIAR 236318 5/18/10 48,629.84 EDCO DISPOSAL CORPORATION WASTE DISPOSAL SVC 236319 5/18/10 104.75 LASER SAVER INC MOP 45725 INK CARTRIDGE - S8 236320 5/18/10 152.14 LATITUDE 33 PLANNING AND ENGIN ON -CALL URBAN DESIGN SERVICES 236321 5/18/10 5,594.00 N C CHAMBER OF COMMERCE SVCS ECO DEV JAN - JUN 2010 236322 5/18/10 25,000.00 NINYO & MOORE MORGAN KIMBALL SENIOR HOUSING 236323 5/18/10 1,331.75 VERIZON WIRELESS WIRELESS SVC 03/24/10 -04/23/10 236325 5/18/10 358.01 CALIFORNIA AIR COMPRESSOR CO INSTALLATION MATERIALS-PIPING/WIRING 236337 5/18/10 2,905.70 CITY OF CHULA VISTA SVS OF CHULA VISTA PER AGREEMENT 236344 5/18/10 4,847.00 LASER SAVER INC MOP 45725 INK CARTRIDGE 236372 5/18/10 179.22 LOPEZ PARADISE CREEK - 04/13/10 236376 5/18/10 140.00 REYES REFUND OF FTHB LOAN PMT 236395 5/18/10 2,150.00 SWEETWATER AUTHORITY WATER UTILITES FOR CDC 236413 5/18/10 511.48 BAN FUTURES 1999 TAX ALLOCATION HOUSING BONDS 236421 5/18/10 1,950.00 iDE & ASSOCIATES BAY MARINA GATEWAY 236426 5/18/10 22,073.00 PAYROLL Pay period Start Date End Date Check Date 10 4/20/2010 5/3/2010 5/12/2010 AJP Total $ 147,037.10 83,155.44 GRAND TOTAL $ 230,192.54 COMMUNITY DEVELOPMENT COMMISSION Warrant Register # 46 5/18/2010 502 SECTION 8 FUND 505 HOME FUND 506 HOME LOAN PROGRAM FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 21, 372.47 2,547.99 48,629.84 150,719.94 6,922.30 230,192.54 ETING DATE: CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT June 22, 2010 AGENDA ITEM NO. 39 ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $18,739.08 to the City of National City for the period of 05/19/10 through 05/25/10 PREPARED BY: D. Gallegos PHONE: 619-336-4331 DEPARTMENT: 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 $18,739.08 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Accept and File. BOARD / COMMISSION RECOMMENDATION: N/A rACHMENTS: vvdrrants for the period of 05/19/10 through 05/25/10 PAYEE E2 MANAGE TECH INC IBARRA COUNTY OF SAN DIEGO VISTA PAINT EQUIFAX INFORMATION SVCS GE CAPITAL LAW OFFICES OF DON DETISCH SAN DIEGO CLIPPING SERVICE STAPLES ADVANTAGE THE BANK OF NEW YORK MELLON VERONICA TAM & ASSOCIATES SECTION 8 SECTION 8 HAPS PAYMENTS COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER #47 5/25/2010 DESCRIPTION ENVIRONMENTAL CONSULTING SVCS REIMB - NEIGHBORWORKS-G. IBARRA MAIL PROCESS SVCS 3/16 - 4/15/10 MOP 68834 EXTERIOR FLAT - NS BACKGROUND/CREDIT CHECKS - S8 INSTALLMENT FOR COPIER RENTAL CDC V MATCHINSKI NEWS READING/CLIPPING SVCS MOP 45704 BNDR - HOUSING TAX ALLOCATION HOUSING BONDS CONSULTANT AGREEMENT MAR -APR '10 Start Date End Date 5/19/2010 5/25/2010 CHK NO 236452 236454 236471 236516 236519 236520 236521 236522 236523 236524 236525 DATE AMOUNT 5/25/10 1,126.00 5/25/10 1,301.63 5/25/10 412.38 5/25/10 2,831.92 5/25/10 50.22 5/25/10 210.43 5/25/10 517.25 5/25/10 135.50 5/25/10 1,010.58 5/25/10 2,014.00 5/25/10 783.44 AIP Total $ 10,393.35 8,345.73 GRAND TOTAL $ 18,739.08 COMMUNITY DEVELOPMENT COMMISSION Warrant Register # 47 5/25/2010 502 SECTION 8 FUND 505 HOME FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 8,912.20 2,085.07 4,821.10 2,920.71 18,739.08 ETING DATE: CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT June 22, 2010 AGENDA ITEM NO. 40 ITEM TITLE: Resolution of the Community Development Commission to ratify the Notice of Completion for the contract with CGP Maintenance & Construction, Inc. for the replacement of the walk-in freezer and other ancillary repairs at the National City Senior Nutrition Center and to authorize the release of $6,266.42 in final retention funds from a total contract value of $62,664.24. (Community Development Department). PREPARED BY: Jim Ridley 2} DEPARTMENT: Comn nity Development PHONE: 619-336-4266 EXPLANATION: Per resolution No. 2009-214, the City Council awarded a contract (C2009-63) to CGP Maintenance and Construction Services, Inc. in the amount of $58,135.60 for the Senior Nutrition Center Freezer Replacement Project (Specification No. 09-06). The resolution cited above identified funding for the project as coming from Tax Increment Funds and authorized a $14,534 contingency. The actual funding for the project came directly from the Replacement Reserve Account of Morgan & Kimball Senior Towers. During the course of construction there were three change orders added to the specifications which resulted in an addition of $4,528.64 to the value of the contract. This brought the final value of the contract to $62,664.24. To date, the contractor has received $56,397.82 (90%). The change orders included document preparation and design assistance to address a City requested potential grease interceptor installation, a no -cost :ension of contract term and a City requested change to the flooring repairs that will prolong the life of the 3r. The physical scope of work was fully completed and accepted on April 1, 2010. The completed paperwork was approved on May 11, 2010 and the Notice of Completion was recorded at the County Recorder's Office on May 19, 2010. APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: finance MIS The $62,664.24 for this project comes directly from Replacement Reserve funds of Morgan & Kimball Towers. No General Fund or Tax Increment dollars were used.. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution of the Community Development Commission to ratify the Notice of Completion and release all currently retained funds. BOARD / COMMISSION RECOMMENDATION: I'ACHMENTS: Notice of Completion Final Retention Invoice RESOLUTION NO. 2010 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY ACCEPTING THE WORK PERFORMED BY CGP MAINTENANCE & CONSTRUCTION, INC., RATIFYING THE FILING OF THE NOTICE OF COMPLETION WITH THE COUNTY RECORDER, AND AUTHORIZING THE RELEASE OF THE RETENTION IN THE AMOUNT OF $6,266.42 FOR THE REPLACEMENT OF THE WALK-IN FREEZER AND OTHER ANCILLARY REPAIRS AT THE NATIONAL CITY SENIOR NUTRITION CENTER It appearing to the satisfaction of the Community Development Commission of the City of National City that all work required to be done by CGP Maintenance & Construction for the total final amount of $62,664.27 for the replacement of the walk-in freezer and other ancillary repairs at the National City Senior Nutrition Center has been completed, the Community Development Commission of the City of National City hereby accepts said work, ratifies the filing of the Notice of Completion with the County Recorder, and orders that payment for said work be made in accordance with said contract, including retention. PASSED and ADOPTED this 22nd day of June, 2010. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III City Attorney RECORDING REQUESTED BY 'r)EDMAILTO_ NAME. t' Y OF NATIONAL CITY ADDRESS: Attn: CITY CLERK 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 9 S 950 NOTICE OF COMPLETION CALIFORNIA CIVIL CODE SECTION 3093 NOTICE IS HEREBY GIVEN of the completion on May 11, 2010 of the National City Senior Nutrition Center Repair Project (Specification NO. 09-06) Work of improvement or portion of work of improvement under construction or alteration. 1415 D Ave National City, CA 91950 Street Address City State Zip Code The undersigned owns the following interest or estate in said property: Owner in fee Nature of the interest or estate of owner (mortgagor, lessee, etc.) Said work of improvement was performed on the property pursuant to a contract with CGP Maintenance & Construction, Inc. Name of Original Contractor The following work and material were supplied: Labor provided: building laborers, electricians, carpenters, plumbers and fire suppression technicians_ Materials: Walk-in Freezer and Compressor, Fire Suppression System materials, various minor plumbing, electrical and interior finish materials. Equipment: Portable Freezer General statement of kind of labor, services, equipment or materials The names and addresses of co -owners are: N/A Joint tenants, te s is t comrnoonn, or other owners � Dated: / l S , 2010; !/Signature of Owner City of National City, 1243 National City Blvd., National City, CA 91950 I, the undersigned, say: I have read the foregoing Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the forgoing is true and correct. Executed on AA 4.4-, j , 2010, at National City, California. Signature: RON MORRISON, MAYOR APPROVED AS TO FORM: „oc0,.11 George H. !ser, ill City Attomey CGP MAINTENANCE & CONSTRUCTION SERVICES 7270 Engineer Rd., Ste. D "an Diego, CA 92111 58) 454-7326 Fax (858) 292-7231 (Contractor's License #579722 BILL TO: City of National City 1243 National City Blvd National City, CA 91950 WORK ORDER NUMBER: 064746 CUSTOMER #: INVOICE #: INVOICE DATE: DUE DATE: COFNC 064746 05/05/10 06/04/10 LOCATION: NCSC National City Senior Center 1415 D Avenue National City, CA 91950 YOUR REFERENCE NUMBER: Specification# 09-06 DESCRIPTION QUANTITY PRICE AMOUNT TAX REQUEST: Nutrition center repair project RESOLUTION: Completed as per quote. 05/05/10 Final 10% Retention 6,266.42 N TOTAL: 6,266.42 PLEASE REMIT TO: CGP MAINTENANCE & CONSTRUCTION SERVICES, INC. 7270 ENGINEER ROAD #D SAN DIEGO, CA 92111 Please complete this information. RECORDING4'QUETED CC� 't y jj��JJ ocial AND WHEN RECORDED MAIL TO: jq 4 f K ', C; T `( C( -% ( `t3 C; 4-7 Ut vd tV ILy) CA `Ct?Sa 1 D O C # 2010-0251189 1111111111IIIII11111IlllllllllIIIIIIIIIIIIIIIIIlll11111III11I111III1 MAY 19, 2010 11:17 AM OFFICIAL RECORDS SAN DIEGO COUNTY RECORDER'S OFFICE DAVID L. BUTLER, COUNTY RECORDER FEES: 4.00 PAGES• 2 1IIIIIf1II11IIlfIIIIIIf111I1II1I11111111ffflIIIII(IhIIII111III11111II(IIfailJIN1111 Space above this line reserved for Recorder's Use Only Govt. Code 27361.6 oft 6 %4- COir,�'i `Yj�; r 111,-N (Please fill in document title(s)ron this line) Govt. Code 27324 THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION Govt. Code 27361.6 (Additional recording fee applies) ETING DATE: CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT June 22, 2010 AGENDA ITEM NO. 41 ITEM TITLE: Resolution of the Community Development Commission of the City of National City adopting the Morgan Tower and Kimball Tower Budgets for Fiscal Year 2010-2011 (Community Development) PREPARED BY: Alfredo Ybarra PHONE: 619 336-4279 EXPLANATION: APPROVED BY: ?deg' DEPARTMENT: Community Development tr^ This is a request to approve the Morgan Tower and Kimball Tower Budgets for Fiscal Year 2010-11. The Community Development Commission operates several housing programs that benefit very low, low and moderate -income households in the City of National City. All costs of operating these programs are revenue offset. There is no cost to the City General Fund. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED` APPROVED: The funding source is Morgan Tower and Kimball Tower rental revenues and Section 8 rental subsidies from the U.S. Department of Housing and Urban Development. There is no cost to the City General Fund. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt the resolution approving the Morgan Tower and Kimball Tower budgets for the fiscal year 2010- 2011. BOARD / COMMISSION RECOMMENDATION: rACHMENTS: 1. Background 2. Kimball Budget 3. Morgan Budget RESOLUTION NO. 2010 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY ADOPTING THE MORGAN TOWER AND KIMBALL TOWER BUDGETS FOR FISCAL YEAR 2010-2011 WHEREAS, the Community Development Commission of the City of National City (CDC) owns the Kimball and Morgan Towers; and WHEREAS, Falkenberg, Gilliam and Associates has been the property management company for said Towers since 1995; and WHEREAS, an operating budget for each building is prepared by the management company, and is reviewed and approved by the CDC Board; and WHEREAS, the Kimball and Morgan Towers' operations do not have a direct financial impact on CDC operations, and should be presented and approved independently of the CDC's annual budget; and WHEREAS, an approximate 3.68% rent increase for the Morgan Tower, based on the HUD Automatic Adjustment Factor, is recommended to cover the cost of utilities, operating, and maintenance expenses. WHEREAS, an approximate 10.93% rent increase for the Kimball Tower is recommended to cover the costs of utilities, insurance, and operating and maintenance expenses. WHEREAS, the budgets for the Kimball and Morgan Towers for the fiscal year ending 2010-2011 have been prepared and presented for approval. NOW, THEREFORE, BE IT RESOLVED, that the Community Development Commission of the City of National City hereby approves the Kimball and Morgan Towers budgets for the fiscal year 2010-2011. PASSED and ADOPTED this 22nd day of June, 2010. Ron Morrison, Chairman ATTEST: APPROVED AS TO FORM: Brad Raulston, Secretary George H. Eiser, III City Attorney Background Attachment 1 Falkenberg, Gilliam and Associates (FGA) has been the property management company for the Morgan and Kimball Towers since 1995. Each year, an operating budget for each building is prepared by the management company and is reviewed and approved by the Community Development Commission. Morgan Tower Morgan Tower is a 152-unit complex located at 1415 D Avenue. Of the 152- units, one unit is reserved for property management staff and 151 are rented to qualified households. Of the 151 rental units, 148 receive Section 236 rental assistance from HUD. Three units are market (unsubsidized) rate and do not receive rental subsidies. Pursuant to HUD regulations, Morgan Towers will automatically receive a $24 or 3.68% increase in rent using HUD's automatic Annual Adjustment Factor. The current rent per unit per month is $653 and the proposed rate is $677 per unit per month. The $24 rent increase will be covered by Section 236 rental subsidies for those households (148) receiving rental assistance. The three market rate units will receive an increase to their rent payment, unlessthe rent increase causes their housing costs to exceed 30% of the household's monthly income. Should this case arise, the FGA property management office may evaluate the household's eligibility to receive Section 236 rental assistance. Highlights of Morgan Towers' Budget are: • Rent increase of $24 per month as allowed by HUD's Annual Adjustment Factor. • Management rate increase of 0.25% • Addition of $7,500 (50%) to complete a Comprehensive Needs Assessment Report • Capital Improvement Budget (installation of Nutrition Center grease interceptor $50,000 and roof $110,000) paid from replacement reserves. For the fiscal year ending June 30, 2011, the projected annual income is $1,222,480 and total cost of operations total $1,180,418 which includes loan principal payments of $204,777. Although this presents a net income of $42,062, Morgan Tower has a HUD requirement to deposit $37,524 into a replacement reserve fund. As of March 30, 2010, the balance of the replacement reserve fund is $498,982. After the required deposit is made into the replacement reserve of $37,524, the net income of the Morgan Tower is $4,538. This building has a mortgage balance of approximately $2,400,000 with the final payment due August 1, 2019. Kimball Tower Kimball Tower is a 151 unit complex located at 1317 D Avenue owned free and clear by the Community Development Commission. Of the 151 total units, two (2) are reserved for property management staff and 149 are rented to qualified households. Of the 149 rental units, 134 units receive rental subsidies from HUD through the City of National City's Section 8 program. For the fiscal year ending June 30, 2011, the projected annual income is $991,882 and the total cost of operations total $906,697. Although this presents a net income of $85,185, the property management company is required to place $84,000 in the replacement reserve account ($7,000 per month). Replacement reserves are funds that are restricted for the replacement of appliances, carpeting, or other unbudgeted building maintenance charges. As of March 30, 2010, the balance of the replacement reserve fund is $1,358,788. After funding the reserve account with the additional $84,000, the net income of the Kimball Tower is estimated to be $1,185. Due to overall increases in projected expenditures, FGA is recommending an increase of $54 (10.93%) per month/per unit from $494 to $548. According to FGA, Kimball Tower has not received a rental increase for ten (10) years. Households receiving a Section 8 subsidy will not feel the impact of this rental increase, since the proposed rental increase will be covered by the rent subsidy. The 15 market rate units will receive an increase to their rent payment, unless the rent increase causes their housing costs to exceed 30% of the household's monthly income. In this case, the City's Section 8 program staff may evaluate the household's eligibility to receive Section 8 rental assistance. According to FGA, the proposed rent increase of over 10% is mainly due to overall increases in all expenses. Since 2000 the following expenses have increased significantly, while the rental income has stayed the same: Expense Line Item Audit FYE 6/30/2000 Audit FYE 6/30/2009 Comments #6210 - Office Salaries $4,068 $24,051 There was no additional office help at Kimball Towers in 2000. Currently there is one full-time office assistant at Kimball. #6330 - Manager Salaries $28,848 $42,748 There was only one staff person assigned to Kimball Towers in 2000. Currently there is one manager and one assistant manager at Kimball Towers. #6450 — Electricity $28,876 $47,343 This is a 64% increase as compared to 2000. #6451 — Water $24,383 $34,033 This is a 40% increase as compared to 2000. #6452 — Gas $32,107 $46,738 This is a 46% increase as compared to 2000. 2 #6453 — Sewer $26,620 $45,300 This is a 70% increase as compared to 2000. #6510 — Payroll $55,423 $94,726 There was two maintenance staff in 2000. Currently there are three. #6515 — Supplies $28,571 $41,705 Increased costs of over 45% #6520 — Contracts $94,932 $185,496 Increased costs due to aging of building. #6530 — Security $I9,929 $30,884 Increase in personnel costs #6720 — Property and Liability Insurance $14,328 $33,518 Property and Liability costs have more than doubled since 2000. #6722 — Workers Compensation Insurance $3,138 $15,868 Worker's Compensation costs have increased by more than five times its original costs. #6723 — Health Insurance and Other Employee Benefits $10,335 $30,244 This is due to additional staff and increased insurance costs. Replacement Reserve Deposits $0 $120,000 The establishment of the monthly deposits to the reserve fund was due to a HUD requirement. Currently the building is depositing $7,000 per month for a yearly expense of $84,000. Highlights of Kimball Towers' Budget are: • Rent increase of fifty-four $54 (10.93%) per month from $494 to $548. Federal rent subsidies will pick up rent increase for those families being subsidized. • Management rate increase of 0.25% • Addition of $5,000 in order to complete a Comprehensive Needs Assessment Report • Capital Improvement Budget (Kimball Tower office roof, $60,000) paid from replacement reserves. Staff recommends adopting the Morgan Tower and Kimball Tower budgets for the FY 2010-2011. 3 KIMBALL TOWERS 2010-2011 Budget Narrative Attachment 2 SUMMARY The 2010-2011 Budget for Kimball Towers proposed a rent increase. The building has not had a rental increase in over 10 years. Kimball Towers' revenue and reserve for replacement fund had been able to pay for all expenses. However, most expenses have increased and Kimball Towers requires a rent increase to continue to operate in an efficient manner. Currently residents pay 30% of income up to a maximum of $494. ACCT. DESCRIPTION EXPLANATION 5120 Rental Revenue The proposed rents are as follows: 5220 Vacancy Factor 5410 Financial Revenue -Project Operations 5440 Revenue from Investments - Replacements Reserves 5910 Laundry and Vending 5990 Misc. Revenue 6204 Management Consultants 6210 Advertising and Marketing 6310 Office Salaries 6311 Office Expenses Unit Type K of Units Current Rents Proposed increase Proposed Rents One -Bedroom 151 $494 $54 $548 Budgeted at I% of rents. Budgeted per audit. Budgeted at $0. The amount remains in the reserve for replacement account and may not be used for operations. Budgeted per audit. Budgeted per audit. Budgeted at $7,500, which is half of the Capital Needs Assessment Report. Budgeted per audit plus $500 for classified advertising of rental units. Budgeted per current plus 5% for office help, Laurie Carreon, working 40 hours per week at $2,773 per month. Also includes additional allowance for vacation fill-ins. Budgeted per audit plus 5% for telephone and Internet, office equipment and maintenance, printing and copying expenses, office supplies, postage, background screening fees, etc. 6320 Management Fee Budgeted a 0.25% rate increase from 7.0% to 7.25% of net rental and laundry revenue. 6330 Manager's Salaries Budgeted per current expense plus 5% for Kalinka Anguelieve, Resident Manager, working 32 hours per week, earning $1,803 per month. Note that the manager's salary is split between Morgan and Kimball Towers. Also budgeted for Janie Dover, Assistant Manager, working 32 hours per week, earning $2,635 per month. Budgeted additional amount for after -hour emergencies. 6331 Administrative Rent -Free Budgeted at $548 each per month for the manager's unit, assistant manager's unit and Unit office assistant's unit. 6350 Auditing Expenses Budgeted per current plus $500 for annual audit, electronic submission and fling fees. 6351 Bookkeeping Fees / Budgeted per audit plus $500 for project computer support plus annual software fee. Accounting Services 6390 Misc. Administrative Expenses Budgeted per current expense for Resident Council at $100 per month and for a service coordinator at $1,000 per month. Also includes an allowable 10% fee (of service coordinator costs) at $1,200 for quality assurance services. Prepared by Falkettberg/Gilliam & Associates, Inc. ■ Managing Agents 1560 West Colorado Boulevard, P.O. Box 7070, Pasadena, CA 91109-7070 M (323) 258-3512 Kimball Towers 2010-2011 Budget Narrative Page 2 ACCT. DESCRIPTION 6450 EIectricity 6451 Water 6452 Gas 6453 Sewer 6510 Payroll 6515 Supplies 6520 Contracts 6525 Garbage and Trash Removal 6530 Security Payroll/ Contract 6546 Heating/Cooling Repairs 6711 Payroll Taxes 6720 Property and Liability Insurance 6722 Worker's Compensation 6723 Health Insurance & Other Employee Benefits 6790 Misc. Taxes, Licenses and Permits Reserve for Replacement Deposits EXPLANATION Budgeted per audit plus 5%. Budgeted per audit plus 5%. Budgeted per current nine months annualized plus 5%. Budgeted per audit plus 5%. Current is low because Kimball Towers has not received sewer bill from Public Works for reimbursement. Budgeted per current expense plus 5% for Ivan Angueliev , Superintendent, working 19 hours a week earning $2,103 per month. Note that the Superintendent's salary is split between Morgan and Kimball Towers. Also budgeted for Kerry Dover, Assistant Superintendent, working 37 hours a week earning $3,074 per month and for Charles Ray, Maintenance working 40 hours a week earning S2,947. Budgeted additional amount for after hour emergencies. Budgeted per audit plus 5% for cleaning supplies, plumbing supplies, electrical and maintenance supplies, appliance pans, paint, and hardware and tools, etc. Budgeted per current (less $31,976 for non -recurring expenses such as manager's unit upgrade, nutrition center repairs and roof repairs and plus $10,000 for additional staff support, i.e. engineer consultants, to assist with capital repairs) plus 5% for elevator maintenance, plumbing and electrical repair, carpet cleaning, landscaping, exterminating, generator service, etc. Budgeted per current nine months annualized plus 5%. Budgeted per audit plus 5% for guard service, quarterly fire alarm inspections, annual fire alarm monitoring, fire/sprinkler alarm repairs, smoke detector purchases and installation, and fire extinguisher service. Budgeted per audit plus 5% for heating and cooling repairs. Budgeted at 7.65% of salaries for Social Security and Medicare plus $224 each for SUI/ETT taxes. Budgeted per audit plus 5% for property and liability insurance. Budgeted per audit plus 5% for worker's compensation insurance. Budgeted per current expense plus 5% for four employees at monthly cost of $601.63 each for health insurance, $5.49 each for life insurance, and $14.20 each for dental insurance. In addition, budgeted for pension cost which is S% of each employee's base payroll Budgeted per audit plus $500 for elevator inspection fees, generator permits, and other misc. fees. Budgeted per monthly deposit of $7,000. June 3, 2010 Prepared by Fatkenberg/Gitiiarn & Associates, Inc. • Managing Agents 1560 West Colorado Boulevard, P.O. Box 7070, Pasadena, CA 91109-7070 ■ (323) 258-3512 S Budget Worksheet Income and Expense Projections U.S. Department of Housing and Urban Development Office of Housing Federal Housing Commissioner OMB Approval No. 2502-0324 (exp. 09/3/2011) Pubic reporting burden for this collection of intormation is estimated to average 1.5 hours per response, including thefts for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This agency may not caged this information, and you are not required to complete ties fotm, unless lt displays a currently vaid OMB control number. This hdormation is cosected in accordance with Bea II of the National Housing Ad which requires that HUD regulate rents for certain cooperative and subsidized rental projects. The Department formulated the processes by which owners could request Increases. The requirements for tenant participation in the rent Increase process. which is included in Secibn 202 (b) 01 the HCD Amendments of 1978, necessitated that the Department design procedures to give consideration for tenant comments. The information gathered is not of a confidential nature. The information is required in order to obtain benefits. Project Number Name of Project KIMBALL TOWER Description of Account Acct. No. Profit/Loss (FYE 6i30/2009) CurrentFY (no. of mos. 9) Budget from 911/10-8131111 Rental Rent Revenue - Gross Potential 5120 506,470 397,990 568,015 income Tenant Assistance Payments 5121 378,916 262,373 424,961 5100 Rent Revenue - Stores & Commercial 5140 Garage & Parking Spaces 5170 Flexible Subsidy Revenue 5160 Miscellaneous Rent Revenue 5190 Excess Rent 5191 Rent Revenue/Insurance 5192 Special Claims Revenue 5193 Retained Excess Income 5194 Total Rent Revenue Potential at 100% Occupancy 5100T 886,386 660,363 992,976 Vacancies Apartments 5220 5,452 2,211 9,930 5200 Stores and Commercial 5240 Rental Concessions 5250 Garage & Parking Spaces 5270 Miscellaneous 5290 Total Vacancies 62007 6,462 2,211 O 9,930 Net Rental Revenue (Rent Revenue less Vacancies) 5162N 879,934 658,152 983,046 Income Nursing Homes/Assisted Living/Board & Caret Other 5300 Ekterly Care/ Coop/Other Revenues 5300 Financial Financial Revenue- Project Operations 5410 1,558 97 1,558 Revenue Revenue from Investments - Res. Rec. 5430 5400 Revenue from Investments - Rept. Res 5440 12,472 Revenue from Investments - Miscellaneous 5490 - Total Financial Revenue 54007 14,030 97 1,558 Other Laundry and Vending Revenue 6910 6,856 5,331 6,856 Revenue Tenant Charges 5920 5900 Interest Reduction Payments Revenue 5945 Gilts (nonprofits) 5970 Miscellaneous Revenue 5990 422 140 422 Total Other Revenue 5900T 7,278 5,471 7,278 Total Revenue 5000T 901,242 663,720 991,882 Admin. Conventions and Meetings 6203 Expanses Management Consultants 6204 7,500 6200/ Advertising and Marketing 6210 697 - 1,197 6300 Other Renting Expense 6250 Office Salaries 6310 24,051 25,729 36,944 Orifice Expenses 6311 30,397 22,917 31,917 Office or Model Apartment Rent 6312 - Management Fee 6320 58,407 44,832 71,76E Manager or SuperMtendent Salaries 6330 42,748 38,118 59,910 Administrative Rent Free Unit 6331 14,312 13,338 19,728 Legal Expenses - Project 6340 - - - Audit Expenses 6350 3,500 4,000 Bookkeeping Fees/Accounting Services 6351 1,570 1,367 2,070 Miscellaneous Administrative Expenses 6390 13,200 9,900 14,400 Total Administrative Expenses 6263 T 186,382 159,701 249,434 Previous editions are obsotele page 1 of 2 ref, Handbook 4350.1 form HUD-92647-A (8/2000) Project Number Name of Project KIMBALL TOWER Description of Account Acct. No. Profit/Loss (EYE 6f3012009) Current FY (no. of mos. 9) Budget from 9/1110-8/31/11 Utilities Fuel Oil/Coal 6420 6400 Electricity 6450 47,343 34,605 49,710 Water 6451 34,033 19,419 35,735 Gas 6452 46.738 35,692 49,969 Sewer 6453 45,300 0 47,565 Total Utilities Expense 8400 T 173,414 89,716 182,979 Operating & Payroll 6510 94,726 76,170 108,351 Maint Supplies 6515 41,705 40,793 43,790 Expenses Contracts 6500 6520 185,496 156,477 141,645 Operating and Maintenance Rent Free Unit 6521 Garbage and Trash Removal 6525 12,258 11,398 15,957 Security Payroq/Conbad 6530 30,884 25,062 32,428 Security Rent Free Unit 6531 Healing/Cooling Repairs and Maintenance 6546 20,103 30,878 21,108 Snow Removal 6548 Vehicle & Maint. Equip. Oper. and Repair 6570 Misc. Operating & Maintenance Expenses 6590 Total Operating & Maintenance Expenses 6500 T 3854172 340,778 363,279 Taxes & Real Estate Taxes 6710 Insurance Payroll Taxes (Project'sshare) 6711 15,451 13,122 17,042 6700 Property and Liability Insurance (Hazard) 6720 33,518 30,955 35,194 Fidelity Bond Insurance 6721 Workmen's Compensation 6722 15,868 13,813 16,661 Health Insurance & Other Employee Benefits 6723 30,244 19,187 40,156 Misc. Taxes, Licen., Permits, & Insurance 6790 1,452 789 1,952 Total Taxes & Insurance 6700T 96,533 77,866 111,005 Financial Interest en Mortgage Payable 6820 - - 9 `xpettses Interest on Notes Payable (Long -Term)' 6830 800 Interest on Notes Payable (Short -Term) ' 6840 Mortgage Insurance Premtum/Service Charge 6850 Miscellaneous Financial Expenses 6890 Total Financial Expenses 6800 T - - - Expenses Nursing Homes/Assisted Living/Board & 6900 Care/Other E1d. Care/ Coop/ Other 6900 Total Cost of Operations 600DT 840,501 668,061 906,697 Reserve for Replacements Dep. Required 120,000 56,000 84;000 Principal Payments Required - - - Debt Service for other approved loans Debt Service Reserve (if required) General Operating Reserve (Coops) Total Cash Requirements 960,501 724,061 990,697 Lass Total Revenue 901,242 663,720 991,882 Net Cash Surplus (Deficiency) (59,259) (60,341) 1,185 6/3/2010 I hereby certify that el the information stated herein, as well as any information provided in the accompaniment herewith, is true and accurate. Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802) (Signature) Date (mm/dd/yyyy) revioos i 6s are obsolete 'HUD Approved Secondary Financing Pane 2 of 2 ret. Handbook 4350.1 form HUD-92547-A (8/2000) Only for Budget Projections. 1 Kimball Tower - Capital Improvement Budget Office roof, $60,000 z MORGAN TOWERS 2010-2011 Budget Narrative Attachment 3 SUMMARY The 2010-2011 Budget proposes a rent increase based on the HUD automatic Annual Adjustment Factor (AAF). Most all expenses have increased since last year's rent increase was effective. We will submit this rent adjustment request and anticipate the new rents to be effective September 1, 2010. ACCT. DESCRIPTION 5120 Rental Revenue 5220 Vacancy Factor 5410 Financial Revenue -Project Operations 5430 Revenue from Investments - Residual Receipts 5440 Revenue from lnvestments- Replacements Reserves 5910 Laundry and Vending 5990 Misc. Revenue 6204 Management Consultants 6210 Advertising and Marketing 6310 Office Salaries 6311 Office Expenses 6320 Management Fee 6330 Manager's Salaries 6340 Legal Expenses 6350 Auditing Expenses 6351 Bookkeeping Fees / Accounting Services 6390 Misc. Administrative Expenses EXPLANATION The proposed rents are as follows: Unit Type # of Units Current Rents Proposed Increase Proposed Rents One -Bedroom 151 $653 $24 $677 One -Bedroom 1 Staff Budgeted at 1 % of rents. Budgeted per audit. Budgeted at $0. The amount remains in the residual receipts account and may not be used for operations. Budgeted at $0. The amount remains in the reserve for replacement account and may not be used for operations. Budgeted per audit. Budgeted per audit. Budgeted at $7,500, which is half of the Capital Needs Assessment Report. Budgeted per current plus $500 for classified advertising of rental units. Budgeted per current plus 5% for assistance in processing HUD paperwork at $630 per month plus $1,250 for additional work related to front-Iine assistance plus office help, Melly Espinoza, working 40 hours per week at $1,213 per month. Also includes additional allowance for after hour emergencies. Budgeted per current plus 5% for telephone and Internet, office equipment and maintenance, printing and copying expenses, office supplies, postage, background screening fees, etc. Budgeted a 0.25% rate increase from 4.50% to 4.75% of net rental and laundry revenue. Budgeted per current expense plus 5% for Kalinka Anguelieve, Resident Manager, working 32 hours per week, earning $1,803 per month. Note that the manager's salary is split between Morgan and Kimball Towers. Also budgeted for Rosa Flores, Assistant Manager, working 32 hours per week, earning $2,357 per month. Budgeted additional amount for after -hour emergencies. Budgeted per current plus $500 for project related legal expenses. Budgeted per audit plus $500 for annual audit, electronic submission and filing fees. Budgeted per audit plus $500 for project computer support plus annual software fee. Budgeted per current expense for Resident Council at $100 per month and fora service coordinator at $1,000 per month. Also includes an allowable 10% fee (of service coordinator costs) at $1,200 for quality assurance services. Prepared by Falkenberg/Gilliam & Associates, Inc. Ir Managing Agents 1560 West Colorado Boulevard, P.O. Box 7070, Pasadena, CA 91109-7070 N (323) 258-3512 9 Morgan Towers ACCT. 6450 6451 6452 6453 DESCRIPTION Electricity Water Gas Sewer 6510 Payroll 6515 Supplies 6520 Contracts 6525 Garbage and Trash Removal 6530 Security Payroll/ Contract 6546 Heating/Cooling Repairs 6711 Payroll Taxes 6720 Property and Liability Insurance 6722 Worker's Compensation 6723 Health Insurance & Other Employee Benefits 6790 Misc. Taxes, Licenses and Permits 6820 Interest on Mortgage Payable 6850 Mortgage Insurance Premium Reserve for Replacement Deposits Principal Payments Required 2010-2011 Budget Narrative Page 2 EXPLANATION Budgeted per audit plus 5%. Budgeted per current nine months annualized plus 5%. Budgeted per current nine months annualized plus 5%. Budgeted per audit plus 5%. Current is low because Morgan Towers has not received sewer bill from Public Works for reimbursement. Budgeted per current expense plus 5% for Ivan Angueliev, Superintendent, working 19 hours a week earning $2,103 per month. Note that the Superintendent's salary is split between Morgan and Kimball Towers. Also budgeted for Philip Flores, Assistant Superintendent, working 37 hours a week earning $2,750 per month and for Keyanue McCallon, Maintenance working 40 hours a week earning $2,947. Budgeted additional amount for after hour emergencies. Budgeted per current (less $7,148 for purchase of refrigerators and stoves, reimbursed from the reserve fund) plus 5% for cleaning supplies, plumbing supplies, electrical and maintenance supplies, appliance parts, paint, and hardware and tools; etc. Current is high because it includes purchase of refrigerators and stoves at $7,400. Budgeted per current (less $29,604 for flooring and less $11,290 for building exterior repairs which were reimbursed from the reserve fund and plus $10,000 for additional staff support, i.e. engineer consultants, to assist with capital repairs) plus 5% for elevator maintenance, plumbing and electrical repair, carpet cleaning, landscaping, exterminating, generator service, etc. Budgeted per audit plus 5%. Budgeted per audit plus 5% for guard service, quarterly fire alarm inspections, annual fire alarm monitoring, fire/sprinkler alarm repairs, smoke detector purchases and installation, and fire extinguisher service. Budgeted per audit plus 5% for heating and cooling repairs. Budgeted at 7.65% of salaries for Social Security and Medicare plus $224 each for SUI/ETT taxes. Budgeted per audit plus 5% for property and liability insurance. Budgeted per audit plus 5% for worker's compensation insurance. Budgeted per current expense plus 5% for four employees at monthly cost of $601.63 each for health insurance, $5.49 each for life insurance, and $14.20 each for dental insurance. In addition, budgeted for pension cost which is 5% of each employee's base payroll Budgeted per current plus $500 for elevator inspection fees, generator permits, and other misc. fees. Budgeted per amortization schedule. Budgeted per amortization schedule. Budgeted per monthly deposit of $3,127. Budgeted per amortization schedule. June 1, 2010 Prepared by Falkenberg/Gilliam & Associates, Inc. ■ Managing Agents 1560 West Colorado Boulevard, P.O. Box 7070, Pasadena, CA 91109-7070 ■ (323) 258-3512 Budget Worksheet income and Expense Projections U.S. Department of Housing and Urban Development Office of Housing Federal Housing Commissioner Public reponing burden for this collodion of Information is estimated to average 1.5 hours per response. Including the time for reviewing Instructions, searching existing data sources, lathering and maintaining the data needed. and completing and reviewing the collection of infomration. This agency may not collect this information, and you are not required 10 complete this form, unless it displays a currently veld OMB control number. OMB Approval No. 2502-0324 (exp. 091312011) Ibis information Is collected in accordance wdb Tolle 1 of the National Housing Ad which requires that HUD regulate rents for certain cooperative and subsidized rental projects. The Department formulated the processes by which owners could request increases. The requirements for tenant participation In the rent Increase process. which Is Inducted In Section 202 (b) of the HCD Amendments of 1978, necessitated that the Department design procedures to give consideration for tenant comments. The information gathered is not of a confidential nature. The Information is requ red in order to obtain benefits. Project Number 129-38013 Name of Project MORGAN TOWERS Description of Account Acct. No. Profi&Loss (FYE 6/3e/2009) Current FY (no. of mos. 9) Budget from 9/1/10-8/31/11 Rental Rent Revenue - Gross Potential 5120 537,410 384,783 572.888 Income Tenant Assistance Payments 5121 613,345 495,067 653,836 6100 Rent Revenue - Stores & Commercial 5140 Garage & Parking Spaces 5170 Flexible Subsidy Revenue 5180 Miscellaneous Rent Revenue 5190 Excess Rent 5191 Rent Revenuefnsurance 5192 Special Claims Revenue 5193 Retained Excess Income 5194 Total Rent Revenue Potential at 100% Occupancy 61007 1,150,765 879,850 1,228,724 Vacancies Apanmenls 5220 9,554 5,194 12,267 6200 Stores and Commercial 5240 Rental Concessions 5250 135 30 Garage & Parking Spaces 5270 Miscellaneous 5290 Total Vacancies 5200T 9,689 6,224 12,267 Net Rental Revenue (Rent Revenue less Vacancies) 6152N 1,141,066 874,626 1,214,467 ncome Nursing HomestAssisted Living/Board & Caro/ Other 5300 ElderfyCare/ Coop/ Other Revenues 5300 FinancialFinancial Revenue - Project Operations 5410 276. 75 276 Revenue Revenue from Investments - Res. Rec. 5430 2,747 6400 Revenue from Investments - Repl. Res 5440 6,942 Revenue from Investments - Miscellaneous 5490 - Total Financial Revenue 6400T 9,986 76 276 Laundry and Vending Revenue 5010 7,468 5,064 7,468 Other Revenue Tenant Charges 5920 6900 Interest Reduction Payments Revenue 5945 Glfts (nonprofits) 5970 Miscellaneous Revenue 5990 279 255 279 Total Other Revenue 5900T 7,747 5,319 7,747 Total Revenue 6000T 1,168,778 880,020 1,222,480 Admin. Conventions and Meetings 6203 Expenses Management Consultants 6204 7,500 6200/ Advertising and Marketing 6210 527 1,118 1,618 6300 Other Renting Expense 8250 Office Salaries 6310 14,327 21,461 28,660 Office Expenses 6311 14,690 14,704 15,439 Office or Model Apartment Rent 8312 - Management Fee 6320 47,88D 38,750 58,041 Manager or Superintendent Salaries 6330 44,187 40,046 56,416 Administrative Rent Free Unit 6331 Legal Expenses - Project 6340 465 1,200 1,700 Audit Expenses 6350 8,725 8,725 9,225 Bookkeeptng Fees/Accounting Services 6351 1,500 563 2,000 Miscellaneous Administrative Expenses 6390 13,200 9,900 14,400 Total Administrative Expenses 6263 T 145,501 136,467 194,999 Jrevlous editions are obsolete page 1 of 2 ref. Handbook 4350.1 form HUD-92547-A (8/2000) if Project Number 129-38013 Name of Project - MORGAN TOWERS Description of Account Acct. No. Profit/Loss (FYE 6/30/2009) Current FY (no. of mos. 9) Budget from 9/1110-8f31/11 Utilities Fuel OiltCoal 6420 6400 Electricity 6450 45,741 33,095 48,028 Water 8451 25,480 23,461 32,845 Gas 6462 35,832 27,490 38,486 Sewer 6453 45,600 0 47,880 Total Utilities Expense 6400 T 152,653 84,046 167,239 Operating & Payroll 6510 91,523 81,402 104,275 Maint Supplies Expenses 6615 37,256 41,960 36,553 Contracts 6500 6520 136,423 151,065 126,180 Operating and Maintenance Rent Free Unit 6521 Garbage and Trash Removal 6525 13,616 9,678 14,297 Security Payroll/Contract 6530 32,294 28,796 33,909 Security Rent Free Unit 6531 Heating/Cooling Repairs and Maintenance 6546 23,670 15,876 24,854 Snow Removal 6548 Vehicle & MaiL Equip. Oper. and Repair 8570 Misc. Operating & Maintenance Expenses 6590 Total Operating & Maintenance Expenses 6600 T 334,782 328,777 340,068 Taxes & Real Estate Taxes 871D Insurance Payroll Taxes (Project's share) 6711 13,427 12,578 15,126 6700 Property and Liability Insurance (Hazard) 6720 35,801 30,276 37,591 Realty Bond Insurance 6721 Workmen's Compensation 6722 12,355 11,983 12,973 Health Insurance & Other Employee Benefits 6723 27,339 19,300 38,525 Misc. Taxes, Ucen., Permits, & Insurance 6790 694 1,654 2,154 Total Taxes & Insurance 6700T 89,616 76,791 106,369 Financial Interest on Mortgage Payable 6820 180,179 127,272 155,279 Expenses Interest on Notes Payable (Long -Term) " 6830 6800 Interest on Notes Payable (Short -Term) • 6840 Mortgage Insurance Premium/Service Charge 6850 13,780 12,692 11,687 Miscellaneous Financial Expenses 6890 Total Ftnancal Expenses 6800 T 193,959 139,964 166,966 ExPertses Nursing Homes/Assisted Living/Board & 6900 Care/Other Eld. Care/ Coop/ Other B900 Total Cost of Operations 6000T 916,511 765,045 975,641 Reserve for Replacements Dep. Required 37,524 28,143 37,524 Principal Payments Required 179,877 142,770 204,777 Debt Service for other approved loans Debt Service Reserve (if requk-ed) General Operating Reserve (Coops) Total Cash Requirements 1,133,912 936,958 1,217,942 Leas Total Revenue 1,158,778 880,020 1,222,480 Net Cash Surplus (Deficiency) 24,866 (55,938) 4,538 6/112010 I hereby certify that at the Information stated herein, as we as any information provided in the accompaniment herewith, is true and accurate. Warning: HUD will prosecute falso claims and statements. Conviction may result in criminal andlor civil penalties. (18 U.S.C. 1001. 1010, 1012; 31 U.S.C. 3729, 3802) (Signature) Date (mmlddlyyyy) Previous midi are obsoreto 'HUD Approved Secondary Finandng page 2 of 2 Only for Budget Protections. ref. Handbook 4350.1 form HUD-92547-A (8/200e) Morgan Tower - Capital Improvement Budget Installation of Nutrition Center grease interceptor, $50,000 Replace Roof, $110,000 1j COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT National City, California ETING DATE: June 22, 2010 AGENDA ITEM NO. 42 ITEM TITLE: Resolution of the Community Development Commission of the City of National City Adopting a Budget for the Fiscal Year 2010-2011. (Finance) PREPARED BY: Jeanette Ladrido, CPA/Finance Director DEPARTMENT: PHONE: (619) 336-4331 APPROVED BY: EXPLANATION: On May 25, 2010, the Community Development Commission of the City of National City considered the Preliminary Budget for the Fiscal Year 2010-2011 as presented and recommended by the Executive Director. State law requires the Budget be adopted before the start of the new fiscal year on July 1, 2010. This action formally adopts the Budget for Fiscal Year 2010-2011 and it will be available on the City's website at www.nationalcityca.gov. Hard copies of the adopted budget will be available by the end of July 2010. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED:\ APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the final budget for FY 2010-2011 for the Community Development Commission of the City of National City. BOARD / COMMISSION RECOMMENDATION: N/A rACHMENTS: 1. Resolution 2. Attachment 1 RESOLUTION NO. 2010 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY ADOPTING A BUDGET FOR THE FISCAL YEAR 2010-2011 WHEREAS, on May 25, 2010, the Executive Director of the Community Development Commission of the City of National City (CDC) submitted a recommended budget for the 2010-2011 fiscal year, which has been discussed and deliberated in public session; and NOW, THEREFORE, BE IT RESOLVED by the Community Development Commission of the City of National City that the budget for the fiscal year beginning July 1, 2010, with CDC expenditures totaling $25,381,559, is hereby approved, adopted, and appropriated. BE IT FURTHER RESOLVED that the fund appropriations set forth in the Projected Expenditures column of Attachment "1" shall be the maximum expenditures authorized for those funds. The Executive Director is hereby authorized to make budgetary revisions within and between budget line items within a fund. BE IT FURTHER RESOLVED that the Executive Director is hereby authorized to transfer monies up to the maximum set forth in the Transfers column in Attachment "1". BE IT FURTHER RESOLVED that the Community Development Commission of the City of National City does hereby authorize, and approve the number and classification of employees in the respective functions, departments, and/or activities as set forth in the fiscal year 2010-2011 budget. PASSED and ADOPTED this 22nd day of June, 2010. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III City Attorney 261 CDC Debt Service Fund 301 Grant - C.D.B.G 502 Section 8 505 Home 506 Home Loan Program Fund 511 Tax Increment Fund 522 Low & Moderate Income Housing COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY BUDGET ANALYSIS BY FUND, ALL FUNDS FISCAL YEAR 2010 - 2011 3F�rt�rea„ � Reye11� i ,7 m�te5'- 11,276 212 861,865 1,424,740 9,521,964 700,760 19,800 468,916 3,027,542 2,503,640 (453,242) 523,626 2,293,171 2,626,337 6,136,141 10,781,942 123,960 666,667 861,865 ATTACHMENT 1 6,830,456 7,811,261 1,300,780 (453,242) 9,269,516 776,074 542,115 2,451,816 531,650 2,114,487 4,751,445 ! 1,186,945 2,155, 597 10,792,022 24,411,615 26,439,934 861,865 1,652,492 25,381,559 24,679,363 3 1 COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY FUND TRANSFERS DETAIL FISCAL YEAR 2010 - 2011 Low & Maderale Income Housing Fund CDC Debt Service Fund Tax Increment Fund General Plan Update Fund l o reimburse Debt Service Fund for 1999 TAB and 2005 TAB (18%) General Plan 861,865 666667 2 COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY ESTIMATED FINANCING SOURCES SUMMARY BY FUND AND SOURCE FISCAL YEAR 2010-2011 :count Ttle. 261 CDC DEBT SERVICE FUND 3011 3300 3634 3999 Tax Increment Revenue Investment Earnings Miscellaneous Revenue Transfers From Other Funds FUNb•TOTAL`r 301 CDBG 3480 Federal Grants - CDBG 3481 Other Federal Grants IND TOTAL '502 SECTION 8 3300 Investment Earnings 3402 Hap - Voucher Program 3403 Administrative Fees 3600 Other Revenue - Portability 80% 3615 Administrative Fees - PD 3616 Fraud Recovery -Hap 3617 Fraud Recovery -Administrative Fees 3619 Other Revenue - Fss Forfeiture 3634 Miscellaneous Revenue 3999 Transfers From Other Funds 6505 HOME 3481 Federal Grants 3634 Miscellaneous Revenue Ft7ND,TOTAL, 506 HOME LOAN PROGRAM 3300 Investment Earnings 3321 Hilp Payments - Interest 3589 Returned Check Charges 3634 Miscellaneous Revenue 3636 Refunds & Reimbursements 3999 Transfers From Other Funds FUND. TOTAL 511 TAX INCREMENT FUND 3300 Investment Earnings 3309 Rental Property Income 3321 Loan Interest 3463 Other State Grants 3498 Other Federal Grants 3634 Miscellaneous Revenue 3636 Refunds & Reimbursements 3999 Transfers From Other Funds 3569 Housing Inspections 3498 Other Federal Grants 3636 Refunds & Reimbursements - Redevelop 3636 Refunds & Reimbursements - Hsg & Grants 11,790,224 22,048 jtiste„ 0tdget 11,270, 000 6,212 821,722 826,118 826,093 861,865 -12 633,994 12,058,301 '`! 12,064,381 A 12,138,077`= 11,232,183 11,232,183 6,105 126,014 - - 1,184, 051 1,107,495 1,107,495 1,424,740 1 <3'10.065 ` 1107,495 1,107;495. 1'.424:740 .': 5,477 7,116,720 6,474,000 7,184,919 1,137,106 960,000 2,284,325 5,640 8,720 25,000 - 18,965 20,073 18,765 20,073 30,465 - 4 1,215,884 8327,664" 8,674,884 9;52 332,831 642,423 332,831 642;423 168 372,529 372,697 - 7,614 19,800 642,423 42,4 7,500 8,530,464 984,000 636,617 64,143 I' 700,76E 15,000 4,700 '. 420,963 107,208 2,669 18,827 145,316 105,046 88,459 4,337,789 61,028 78,173 2,583 4,700 90 226 15 88,518 87,884 2,272 241,883 4,995 412,644 150,000 100 90,000 2,000 63,644 10,000 15,213 185,000 140,000 1,925 25,000 3 COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY ESTIMATED FINANCING SOURCES SUMMARY BY FUND AND SOURCE FISCAL YEAR 2010-2011 522 LOW AND MODERATE INCOME HOUSING 3011 Tax Increment Revenue 3300 Investment Earnings 3321 FTHB Payments - Interest 3634 Miscellaneous Revenue 3999 Transfers From Other Funds FUND TOTAL l L ALL FUNDS 2,947,556 2,808,046 2,764,000 2,817,500 4,693 - 1,522 1,553 16,969 200,000 208,489 49,900 3 002 149 3,008,046 2,782,491 44,879 - `; 25,646,144: 2 ,041 974 1.027.542 4 COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY EXPENDITURE SUMMARY BY OBJECT FISCAL YEAR 2010-11 261 'CDC Debt Service Fund 0 6,830,456 301 'Grant-C.D_B.G. 207,098 579,757 502 Section 8 Fund 867,610 8,350,500 505 HOME Fund 103,203 438,912 506 Horne Loan Program Fund 0, 531,650 511 Tax Incremental Fund: City Council 770 23,100 City Clerk 99,077 0 0 0 City Manager 447,941' 0: 0 0 Finance 459,070' 53,7750 0. City Attorney 230,542: 0' 0 0' Development Services 117,413 48,000 0 0' Human Resources 43,888 0, 0 0 Non -Departmental 0 424,750 0 971,000' Community Development Department 1042 150, 789,969 0 0 511 Tax Incremental Fund 2,440,851 1,339,594 0 971,000 522 LowlModerate Housing Fund 139,979.515 618 0 1,500,000 ,}t we=�',a��*��.�•���" r+4h ,`'.,.Z�. TAl _ ,v...� . t z+ i" �. §�}3ws,Y'cdE'da!Ko.1 tw Percent Total 14.84% 73.38% 0.00% 11.78% 0 0 513,925' 0' 0 0, 51,406 0. 0' 0' 0. 0 0 0'. 0 0'. 0 6,830,456' 1,300, 780', 9,269,516'. 542,115 531,650: 23,870: 99,077 447,941 512,845' 230,542'. 165,413; 43,888 1,395,750: 1,832,119 4,751,445 2,155, 597' 100.00% Fiscal Year 2010-11 Expenditures By Object - All CDC Funds Personnel Services 14.84% Capital Improvements 11.78% Capital Outlay, 0.00% Maintenance & Operation 73.38% J 5 COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY SUMMARY OF AUTHORIZED POSITIONS BY FUND FISCAL YEAR 2010-2011 Accountant 301 0.00 Community Specialist 1 301 0.00 Community Specialist II 301 0.00 Housing Inspector II 301 0.00 und Total 0.00` 0.00 0.75 0.00 Accountant 502 0.00 0.00 Community Development Manager 502 0.00 0.50 Executive Director 502 0.00 0.10 Housing Assistant 502 3.00 2.00 :Housing Program Manager 502 1.00 1.00 Housing Specialist 502 3.38 4.50 Senior Housing Specialist 502 1.00 1.00 Senior Office Assistant 502 1.00 1.00 Training Coordinator 502 0.46 0.44 Fund Total TOME Fund: Community Specialist I Community Specialist II Lead Housing Inspector Tax Increment Fr Accountant Accounting Assistant Administrative Secretary Assistant City Manager Assistant Civil Engineer Associate Civil Engineer Buyer City Attorney City Clerk City Engineer City Manager Civil Engineering Technician Code Conformance Officer Community Development Director Community Development Manager Community Development Specialist Community Specialist I Community Specialist II Council Members Director of Finance Director of Planning Executive Assistant II 0.70 0.85 0.85 0.20 0.50 0.10 2.00 1.00 4.50 1.00 1.00 0.44 505 0.00 0.25 0.15 505 0.00 0.25 0.15 505 0.00 0.00 1.00 511 511 511 511 511 511 511 511 511 511 511 511 511 511 511 511 511 511 511 511 511 511 2.50 0.25 1.42 0.20 0.10 0.15 0.15 0.50 0.50 0.25 0.50 0.10 1.34 1.00 2.00 2.00 0.00 1.00 0.52 0.30 0.30 0.22 2.50 0.25 1.42 0.30 0.03 0.15 0.15 0.50 0.50 0.25 0.50 0.16 1.34 0.00 1.00 2.00 1.50 0.00 0.00 0.30 0.00 0.22 2.65 0.50 1.67 0.40 0.00 0.00 0.30 0.50 0.50 0.25 0.50 0.10 1.34 0.00 0.75 1.75 0.75 0.00 0.00 0.40 0.00 0.24 6 COMMUNITY DEVELOPMENT COMMISSION OF NATIONAL CITY SUMMARY OF AUTHORIZED POSITIONS BY FUND FISCAL YEAR 2010-2011 Title, Executive Assistant III Executive Assistant IV Executive Director Executive Secretary Financial Services Officer Graduate Intern Graffiti Removal Assistant Graffiti Removal Technician Housing Inspector - P/T Housing Inspector I Housing Inspector II Human Resources Director Information Systems Technician Lead Housing Inspector Management Analyst l Management Analyst 1I Management Analyst III Management Intern Neighborhood Council Specialist Neighborhood Service Manager :Office Assistant Payroll Technician Principal Civil Engineer 'Principal Planner Purchasing Agent Purchasing Clerk Records Mgt. Officer Risk Manager Senior Accountant Senior Civil Engineering Technician Senior Code Conformance Officer Senior Office Assistant Sr. Asst. City Attorney Stock Clerk/Storekeeper Traffic Engineer Undergraduate Intern Fund Total nd Moderate l acorne Housing Community Development Manager Community Development Specialist Fund Total .. Total Funded Positions 511 511 511 511 511 511 511 511 511 511 511 008-09 ' 2009-10 Budget "` _- Budget Preliminary.; 511 0.40 0.30 0.30 511 0.30 0.20 0.40 511 0.80 0.70 0.70 511 1.10 1.30 1.44 511 0.30 0.30 0.40 511 1.00 1.00 1.00 511 0.67 0.67 0.67 511 0.67 0.67 0.67 511 0 00 1 00 1.00 511 1.00 1.00 1.00 511 1.00 0.88 0.15 511 0.12 012 0.12 511 1.00 1.00 1.00 511 2.00 0.67 0.00 511 0.00 000 0.50 511 0 22 0.27 0.12 511 000 050 0.00 511 0.00 0.06 0.06 511 0.00 0.33 0,50 511 0.67 0.00 0.00 511 0.37 0.37 0.82 511 0.00 0.00 0.20 511 0.15 0.20 0.20 511 1.00 0.67 1.00 511 0.15 0.00 0.00 0.15 0.15 0.30 0.75 0.66 0.66 0.25 0.25 0.50 0.00 0.00 0.20 0.03 0.00 0.67 0.67 0.05 1.05 0.40 0.45 0.07 0.07 0.05 0.05 2.00 1.00 1 00 33.19. 28.61 `:29.80 0.00 0.67 0.50 0.35 0.00 0.30 522 1.00 522 0.00 0..50 0.25 0.75 4115 0.75 0.65 7 TING DATE: CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT June 22, 2010 AGENDA ITEM NO.43 ITEM TITLE: Resolution of the Community Development Commission of the City of National City authorizing the expenditure of $771,250 of Tax Increment Funds for the Fiscal Year 2010-2011 Street Resurfacing Improvement Program PREPARED BY: Chris Zapata PHONE: Ext.4210 EXPLANATION: DEPARTMENT: City • .ger APPROVED BY: This is a companion item to another item on the agenda in which the City Council is requested to authorize a loan of $1,500,000 from the Sewer Enterprise Fund. The loan proceeds are proposed to be used to fund a portion of the Fiscal Year 2010-2011 Street Resurfacing Improvement Program. The borrowed funds are to be repaid with interest over a five-year period utilizing TransNet (Proposition A) funds ($768,852.64) and CDC Tax Increment Funds ($771,250). The Redevelopment Plan for the National City Redevelopment Project authorizes the expenditure of tax increment funds for public improvements, including but not limited to street improvements. The proposed resolution would authorize the expenditure of $771,250 of Tax Increment Funds, as described above. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Funds are available in CDC Tax Increment Account No. 511-445-460-480-0000. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt Resolution. BOARD / COMMISSION RECOMMENDATION: N/A fACHMENTS: Resolution RESOLUTION NO. 2010 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE EXPENDITURE OF $771,250 OF TAX INCREMENT FUNDS FOR THE FISCAL YEAR 2010-2011 STREET RESURFACING IMPROVEMENT PROGRAM WHEREAS, the City of National City (the "City") has an on -going Street Resurfacing Program that includes repairs of curbs, gutters, sidewalks, driveways, pedestrian crossings, and provides traffic stripping and signage; and WHEREAS, the City Engineering Division desires to implement a Street Resurfacing Project for fiscal year 2010-2011 because to defer the repair and resurfacing of streets would lead to higher costs in the future due to worsening pavement conditions and escalating construction costs; and WHEREAS, the street resurfacing program for fiscal year 2010-2011 will cost approximately $4,043,000 utilizing carry-over TransNet funds in the amount of $1,000,000; Proposition 1 B funds in the amount of $908,000; and Proposition 42 Replacement funds in the amount of $635,000; and WHEREAS, the Engineering Division desires to borrow the remaining balance of $1,500,000 through an interim loan from the Sewer Funds as follows: • The principal amount of the loan will be $1,500,000. • Funds will be transferred from the Sewer Fund into Street Resurfacing Project Accounts 511-409-580-598-6035 and 307-409-580-598-6035 as necessary. • The interest on the loan shall be at the rate of 0.75% per annum on the unpaid balance, totaling $40,102.64. • The loan will be repaid with interest, using the graduated payment schedule below: June 30, 2011 June 30, 2012 June 30, 2013 June 30, 2014 June 30, 2015 TOTAL: $11,250.00 $340,000.00 $420,000.00 $350,000.00 $418,852.64 $1,540,102.64 Tax Increment Funds Tax Increment Funds Tax Increment Funds TransNet (Prop A) Funds TransNet (Prop A) Funds WHEREAS, taking advantage of the debt financing from sewer funds gives the City the opportunity to resurface a large number of street sections in one year resulting in long- term -cost savings that will more than compensate for the interest and other costs paid on the debt; and Resolution No. 2010 — Page 2 WHEREAS, pursuant to the Redevelopment Plan for the National City Redevelopment Project, the Community Development Commission of the City of National City ("CDC") is authorized to expend tax increment funds for public improvements, including but not limited to street improvements. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby authorizes the expenditure of $771,250 in tax increment funds for the City's Fiscal Year 2010-2011 Street Resurfacing Improvement Program, said funds to be utilized to repay a portion of a $1,500,000 loan to the City's Sewer Enterprise Fund, according to the graduated payment schedule set forth in the attached Exhibit "A". PASSED and ADOPTED this 22nd day of June, 2010. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: George H. Eiser, III City Attorney Loan Amortization Schedule Graduating Payment for $1.5M Enter values Loan amount Annual Interest rate Loan period In years Number of payments per year Start date of loan Optional extra payments $ 1,500,000.00 0.75 °le 5 1 6/30/2010 $ Lender name:15ewer Service Fund Loan summary Scheduled payment $ 306,783.62 Scheduled number of payments 5 Actual number of payments 5 Total early payments $ Total Interest $ 40,102.64 Pmt No. Payment Date Beginning Scheduled Ending Cumulative Balance Payment Total Payment Principal Interest Balance Interest 1 6/30/2011 $ 1,500,000.00 $ 11,250.00 $ 11,250.00 $ - $ 11,250.00 $1,500,000.00 $ 11,250.00 TI 2 6/30/2012 1,500,000.00 340,000.00 340,000.00 328,750.00 11,250.00 1,171,250.00 22,500.00 TI 3 6/30/2013 1,171,250.00 420,000.00 420,000.00 411,215.63 8,784.38 760,034.38 31,284.38 TI 4 6/30/2014 760,034.38 350,000.00 350,000.00 344,299.74 5,700.26 415,734.63 36,984.63 Prop A 5 6/30/2015 415,734.63 418,852.64 418,552.64 415,734.63 3,118.01 0.00 40,102.64 Prop A ITEM #44 6/22/10 UPDATE SOCCER RELATED EVENTS (COMMUNITY SERVICES) ITEM #45 6/22/10 GENERAL PLAN UPDATE 5th WORKING MEETING Update - June 22, 2010 ;ounce raffle winners for May workshop participants/internet survey takers • eral Plan Update Summary/Overview b. Implementation Measures i. Land Use Code ii. Climate Action Plan iii. Capital Improvement Program iv. Neighborhood Action Plans c. Indicators d. Environmental Impact Report e. Next Steps A. Introduction To help ensure that appropriate actions are taken to implement the General Plan, Part 4 includes a series of implementation measures. These implementation measures are tools to guide elected officials, commissions and committees, City staff, and the public in the overall effort to put into practice adopted General Plan goals and policies. The implementation measures are the specific steps or actions to be taken by the City to implement the goals and policies outlined in the General Plan Elements. They may include revisions of current codes and ordinances, adoption of new ordinances or Council policies, specific or master plans and capital improvements, programs, financing, and other measures that should be assigned to various City departments after the General Plan is adopted. The implementation measures in this Chapter may be adjusted periodically to address new challenges facing the community. As discussed in greater detail in Part 1 (Introduction) of the General Plan, updates to this section will not be considered amendments to the General Plan. B. .Categories of Implementation Actions The City will implement the goals and policies of the General P►an through many actions that can be grouped according to the nine categories listed below. The identifiers (italicized and in parentheses) are provided in the implementation tables in this Chapter to indicate the appropriate mechanism by which the General Plan policies will be implemented. ZONING AND MUNICIPAL CODE (ZC% Many General Plan policies are implemented through regulations adopted by the City to protect the public health, safety, and general welfare. These regulations are typically adopted by Ordinance and codified in the City's municipal code. The section of the municipal code that regulates the City of National City 4-1 Naii° �yy�qq44 M Part Four: Citywide Implementation Measures manner in which land is developed and used is known as the Land Use Code or Zoning Ordinance. The Land Use Code contains specific development regulations that can be applied at the parcel level to implement the land uses identified in the General Plan. Other sections of the municipal code regulate additional activities such as, but not limited to, the subdivision of land, property maintenance, stormwater management, water usage, noise control, food handling, recycling, and construction. The City has the authority to regulate these activities for the benefit of the community under the police power. PROJECT PROCESSING/DEVELOPMENT REVIEW (PP) City ordinances establish a development review process that allows the City to review individual project proposals and authorizes the City to approve, deny, or condition projects based on their consistency with the General Plan. The City processes a variety of permits that facilitate development such as conditional use permits, specific plans, subdivision maps, site plans, planned development permits, variances, and building permits. Through review of these discretionary or ministerial projects, General Plan goals and policies can be implemented. CAPITAL IMPROVEMENT PROGRAM (CIP) A capital improvement program (CIP) is a short term plan (generally four to six years) that sets a general schedule for public improvements and matches it to available funding. It guides the construction of improvements to roads and sidewalks, sewer and water facilities, storm gutters/swales, parks, etc. Because a capital improvement program must be consistent with the adopted General Plan, it provides a tool for implementation of the goals and objectives of the General Plan. INCENTIVES (/) Incentives come in a variety of forms. They may be found within the zoning ordinance in the form of reduced or more flexible development standards (e.g. density bonuses or reduced parking requirements), as fee reductions or credits, as expedited permit processing, or as programs which provide recognition to projects which incorporate desirable features such as low -impact development. Adopted 4-2 National City General Plan Part Four City-wide Implementation Measures MONITORING AND EVALUATION (ME) The City conducts studies and produces reports to collect and evaluate information related to specific issues. These studies and reports are undertaken at the direction of the City Council as needed or are prepared annually to report on the status and implementation of the General Plan. This monitoring and evaluation helps the City to understand the effectiveness of its policies and actions and make adjustments as necessary. OTHER PLANS, MANUALS, AND GUIDELINES (PMG) A city may adopt many plans, master plans, manuals, and other guidelines focusing on various types of city services and facilities, types of development, or geographic areas. These are prepared to provide more specific direction for decision -makers, City staff, and the public on how the General Plan will be implemented. They are not elements or components of the General Plan. Manuals and guidelines in most instances are not codified and, rather than regulate, provide guidance and flexibility in implementing General Plan goals and policies. Specific implementation programs in this Chapter call for the annual or periodic review of many of these plans, manuals and guidelines, in addition to adoption of some new plans. Examples of other plans, manuals, and guidelines include: Design Guidelines, Pedestrian Master Plans, Bicycle Master Plans, Climate Action Plans, CEQA Guidelines, Redevelopment Plans, Drainage Master Plans, Stormwater Guidelines, etc. PUBLIC OUTREACH (PO) The City can use a wide range of tools to keep residents informed of city services or other issues of current interest. Public information can be distributed through media such as brochures or pamphlets, the city's website, workshops, seminars, public access television, radio, newspapers, public hearings, neighborhood and community meetings, and customer service hotlines. PROGRAMS AND TOOLS (PT) Other programs and tools may include implementation measures that do not fall into any of the other categories. This may include specific programs or one-time actions developed to address a policy objective. City of National City 4-3 Part Four: Citywide Implementation Measures CONSULTATION (C) In some instances, the City may need to consult with numerous local, regional, state, and federal agencies to implement the General Plan. These agencies provide services, facilities, or funding and administer regulations that directly or indirectly affect many issues addressed in the General Plan. The following is a partial list of responsible agencies that may play a role in implementing this General Plan: Neighboring jurisdictions; school districts; the U.S. Navy; the San Diego Unified Port District; the County of San Diego; regional agencies such as the San Diego Association of Governments (SANDAG) and the San Diego Air Pollution Control District (SDAPCD); state agencies such as Caltrans, the California Environmental Protection Agency (Cal/EPA) and Native American Heritage Commission (NAHC); and federal agencies such as the U.S. Fish and Wildlife Services (USFWS), the U.S. Army Corps of Engineers, and the Federal Emergency Management Agency (FEMA). C. Priorities for Implementation The City has identified the following actions as the highest priorities for implementing the General Plan: • Update to the Land Use Code • Development of a Climate Action Plan • Creation of Neighborhood Action Plans (NAPs) and Neighborhood Organizing Workgroups (NOWs) • Development of a Food Action Plan (FAP) • Development of a Bikeways Master Plan • Development of a Comprehensive Transportation Plan • Development of a 5-year Capital Improvement Program All actions identified in Part 4, have been assigned a level of priority - high, medium or low. These priority assignments take into consideration public input received during the General Plan preparation process, the impact each action may have in regards to implementation, whether the action is likely to occur in the near -term or long-term, and funding and human resources required for implementation. The level of priority assigned to each implementation measure does not necessarily indicate the order in which these actions will occur as discussed in greater detail in Part 1 (Introduction) of the General Plan. It is possible that a high priority item may not be realized for many years due to funding or other constraints. In contrast, some low priority actions could be Adopted 4-4 National City General Plan Part Four City-wide Implementation Measures accomplished in a relatively short amount of time without significant expense. D. .Responsible Party City departments and divisions responsible for implementing various actions have been assigned. Responsible parties may include: • Advanced Planning, AP • Current Planning, CP • Neighborhood Services, NS • Fire and Police Departments, FD/PD • Public Works, PW • Engineering, E • Redevelopment, R • Finance, F Assignments are intended to provide guidance in assigning implementation tasks and they may be adjusted or revised as funding and resources dictate. E. .Funding Implementation of the General Plan is dependent on funding. Funding for City departments, plans, programs, and capital improvement projects that implement the General Plan may come from a number sources including: • Property tax revenue • Sales tax revenue • User fees • Development impact fees • Quimby Act (Park) dedications • Business improvement districts • Redevelopment tax increment financing • Community facilities and special assessment districts • Municipal bonds • County, state, and federal funding • Grants City of National City 4-5 Part Four: Citywide Implementation Measures F. .Specific Action Programs State law provides for specific implementation measures or "action programs" to be prepared for the Noise, Safety, and Open Space Elements. The actions that will be used to implement the goals and policies found in these Elements are incorporated into the overall implementation program this Chapter. Within the implementation tables, actions specific to each of the aforementioned Elements is indicated with the representative symbol for the Element as indicated below: Noise Safety t 5) Open Space Adopted 4-6 National City General Plan Part Four: Implementation Measures Implementation Measure TABLE 4-1 ZONING AND MUNICIPAL CODE (ZC) IMPLEMENTATION PROGRAM ALL ELEMENTS Priority (Low, Mid, High) Responsible Party ZC-1 A Zoning Ordinance: Amend the Zoning Ordinance (Title 18) to implement the land use plan and other policies of the General Plan, and to allow specifically for the following: • Mixed-Use/Transit-Oriented Development - Adopt mixed -use and transit -oriented development regulations. • Density Bonus - Adopt density bonus incentives to encourage affordable housing development. • Parking Reduction - Adopt parking reduction incentives to encourage transit -oriented design, mixed uses, and shared facilities. • Historic Preservation - Update historic preservation regulations to protect historic resources, encourage adaptive reuse of historic structures through exceptions to development standards or streamlined review of variances, and address remedies and penalties for their unlawful demolition and destruction. H AP Implements Which Policy(ies) LU-1.1, 1.2, 1.3, 1.6, 2.1, 2.2 2.3, 2.4, 2.7, 2.8, 2.9, 3.2, 3.5, 3.6, 3.7, 3.8, 4.1, 5.1, 5.4, 7.1, 7.3, 7.5, 9.1, 9.2, 9.3, 9.5, 9.6, 9.8, 9.9, 10.3, 1 1 .3, 11.8, 13.4; C-1.1, 1.2, 1.3, 1.4, 4.3, 5.1, 5.2, 5.3, 5.5, 5.6, 5.7, 5.8, 5.9, 5.10, 8.2, 9.2, 9.3; HEJ-1.1, 1.3, 1.4, 2.1, 3.2, 3.7, 5.1; CS-1 .1 , 4.2, 7.3; 0S-1 .1, 1.4, 2.3, 3.1, 3.10, 4.3, 5.4, 8.2, 8.5; E-1.4, 5.4, 6.1, 8.2; NN-1.4, 3.2; S-2.3, 5.6, 6.1, 7.5; City of National City 4-7 Part Four: Implementation Measures Implementation Measure TABLE 4-1 ZONING AND MUNICIPAL CODE (ZC) IMPLEMENTATION PROGRAM ALL ELEMENTS Priority (Low, Mid, High) Responsible Party ZC-2 A Municipal Code: Amend the Municipal Code to implement the land use and other policies of the General Plan, and to allow specifically for the following: • Stormwater - Amend Title 14 to implement best management practices and low -impact development in regard to the treatment of stormwater. • Noise - Amend Title 12 for consistency with the Noise Element. • Nuisances - Amend Titles 7 and 9 to implement nuisance -related policies. • Waste Management/Recycling - Amend the Recycling Ordinance to include mandatory recycling requirements for non-residential uses and composting requirements for large industrial food service providers, landscape operations, and other appropriate uses. • Streetscape improvements, Infrastructure, Building/Construction - Amend Titles 13, 14, and 15, as needed to implement General Plan policies. M AP Implements Which Policy(ies) LU-3.7, 8.1, 9.4, 12.2, 1 3.4; CS-1.1, 7.3, 8.1, 9.2; OS-1.1, 1.4, 2.1, 2.3, 8.8; NN-1.4, 2.5, 3.2, 3.3, 3.4, 3.5, 4.1, 4.2, 4.3, 4.4, 4.5, 4.6; S-1.5, 2.3, 2.4, 2.6, 2.7, 2.9, 3.4, 3.5, 5.6, 6.1 , 8.2 ZC-3 Home Occupations: Expand the types of permitted/conditional home occupations to reduce work commute vehicle trips and miles traveled. L AP Implements Which Policy(ies) LU-1.6, 2.7; E-8.2; ZC-4 Community Gardens: Adopt community gardens regulations to encourage community gardens with appropriate design, maintenance, and operations requirements. H AP Implements Which Policy(ies) LU-2.5; HEJ-3.4; OS-3.6, 3.9, 3.12 Adopted 4-8 National City General Plan Part Four: Implementation Measures Implementation Measure TABLE 4-1 ZONING AND MUNICIPAL CODE (ZC) IMPLEMENTATION PROGRAM ALL ELEMENTS Priority (Low, Mid, High) Responsible Party ZC-5 Impact/Use Fees: Adopt the necessary impact and use fees to allow for the collection of revenues to mitigate the impacts of development and the use of facilities. H AP Implements Which Policy(ies) C-5.9; OS-5.4 ZC-6 Food Waste Reduction: Adopt a food waste reduction ordinance to prohibit food vendors and food establishments from selling prepared food in non- compostable or recyclable containers. M AP Implements Which Policy(ies) CS-1.1, 9.1 ZC-7 Water Conservation Ordinance: Establish water waste prohibitions and expand mandatory conservation practices, e.g. prohibit watering of paved surfaces or allowing excess runoff; require the repair of leaks; prohibit watering from 9 a.m. to 4 p.m. and watering for more than 15 minutes at a time. H AP Implements Which Policy(ies) CS-3.1, 4.1, 4.4 ZC-8 ! Environmentally Sensitive Lands Ordinance: Adopt an environmentally sensitive lands ordinance to regulate development on lands with steep slopes, native vegetation, wetlands, viewsheds, and other natural resources. L AP Implements Which Policy(ies): OS-1.1, 1.2, 1.4, 2.1, 2.2, 2.3, 2.5; ZC-9 44 Floodway/Floodplain Ordinance - Adopt Floodway/Floodplain regulations to comply with state mandates. H DS Implements Which Policy(ies): LU-3.4; S-2.4, 2.6, 2.9; City of National City 4-9 xs�t;:'gS Part Four: Implementation Measures Implementation Measure TABLE 4-2 PROJECT PROCESSING/DEVELOPMENT REVIEW (PP) IMPLEMENTATION PROGRAM ALL ELEMENTS Priority (Low, Mid, High) Responsible Party PP-1 General Plan Consistency - Review development proposals for consistency with the General Plan. L CP Implements Which Policy(ies) LU-1.5, 2.6, 3.2, 3.3, 3.6, 3.7, 3.8, 4.2, 4.3, 5.5, 5.6, 5.7, 5.8, 6.6, 7.2, 7.3, 7.4, 7.5, 8.1, 8.3, 9.1, 9.2, 9.3, 9.5, 9.6, 9.7, 9.9, 10.3,10.4,10.5,11.1,11.3,11.6,12.1, 12.2, 13.2; C-1.1, 1.2, 1.3, 1.4, 2.1, 2.2, 2.3, 2.5, 2.6, 2.7, 4.3, 5.1, 5.2, 5.3, 5.4, 5.5, 5.6, 5.10, 7.3, 8.1, 8.2, 8.3, 8.6, 8.7, 9.2, 9.3; HEJ-1.1, 1.3, 1.4, 1.6, 2.4, 3.2, 3.5, 3.8, 7.2; CS-1.1, 1.2, 3.1, 4.1, 5.2, 6.2, 6.4, 7.1, 7.2, 7.3, 7.6, 7.7, 8.1, 8.3, 9.1; OS-1.1, 1.2, 2.1, 2.2, 2.3, 2.5, 3.4, 3.6, 4.2, 4.3, 4.4, 5.3, 5.4, 5.6, 8.4, 8.5; E-1.1, 3.3, 5.1, 6.1, 6.3, 8.1; NN-1.3, 1.4, 2.3, 2.5, 3.1, 3.2, 3.3, 3.4, 3.5, 5.7; S-1.2, 1.3, 1.4, 1.5, 2.2, 2.5, 2.7, 2.8, 5.6, 6.1, 8.1, 8.5 PP-2 Other Plan Consistency - Review development proposals for consistency with applicable regional, jurisdictional and airport land use compatibility plans. L CP Implements Which Policy(ies) LU-1.1, 1.3, 1.5, 3.9 PP-3 Improvements/Fees - Require development proposals to include all appropriate and necessary off -site improvements, facilities, and services to serve the project or pay in -lieu fees to mitigate its impacts. L DS Implements Which Policy(ies) LU-8.1, 8.2; Adopted 4-10 National City General Plan Part Four: Implementation Measures Implementation Measure TABLE 4-3 CAPITAL IMPROVEMENT PROGRAM (CP) IMPLEMENTATION PROGRAM ALL ELEMENTS Priority (Low, Mid, High) Responsible Party' CIP-1 Capital Improvement Program: Adopt an annual (or as needed) Capital H ALL A Improvement Program (CIP) that is consistent with and implements the goals and policies of the General Plan. Implements Which LU-4.2, 7.6, 8.5, 8.6, 8.7, 10.1, 10.2, 11.3, 13.1; Policy(ies) C-2.1, 2.2, 2.5, 2.6, 2.7, 2.8, 2.9, 2.10, 4.6, 5.4, 8.1, 8.3, 8.5, 8.7, 8.8, 9.1; HEJ-2.2, 2.4, 7.3; CS-3.1; OS-1.2, 3.3, 3.5, 4.1, 5.1, 5.2, 5.7, 5.9, 6.2, 7.4; E-5.5; NN-1.2, 1.3, 1.4; S-2.1, 2.3, 2.5, 2.8 CIP-2 City Gateways: Prepare and implement improvement projects for the L DS designated City gatewa s. Implements Which LU-1 1.3 Policy(ies) CIP-3 Paradise Creek Restoration: Restore Paradise Creek to its natural condition to L DS •i the extent feasible and develop an adjacent pedestrian and bicycle trail where feasible. Implements Which LU-1 1.4 Policy(ies) OS-2.2, 2.3 CIP-4 Energy Efficient Lighting: Install energy efficient lighting in parks and other H PW A public spaces where feasible. Implements Which S-6.1; Policy(ies): CS-7.1 CIP-5 Green Demonstration Project: Develop a "green" demonstration project for a L PW •i city facility that incorporates a number of the sustainable "best" practices including green buildinc, renewable energy, low -impact development, etc. Implements Whichv CS-1.1, 3.3, 3.5, 4.1, 7.1, 7.2, 7.6, 7.7, 9.1; Policy(ies) OS-5.6 City of National City 4-1 1 Part Four: Implementation Measures Implementation Measure TABLE 4-4 INCENTIVES (I) IMPLEMENTATION PROGRAM ALL ELEMENTS Priority (Low, Mid, High) Responsible Party' 1-1 41,1 Impact Fees/Credits: Establish development impact fees or credits that are based on project contributions to or impacts on smart growth, sustainability, and healthy communities. H AP Implements Which Policy(ies) LU-2.2, 4.3, 7.1, 7.2, 8.2; C-1.1, 1.6; HEJ-1.2, 1,5, 2.1, 3.5, 5.1; CS-1.1, 3.3, 4.1, 7.1, 7.2, 7.7, 8.3; OS-8.2, 8.5 1-2 Expedited Processing: Establish an expedited processing program as an incentive for projects that incorporate green building principles, low -impact development, affordable housing, and other sustainable features. H CP Implements Which Policy(ies) LU-2.2 CS-1.1, 3.3, 4.1, 7.1, 7.2, 7.3, 7.7, 8.3; E-6.2 1-3 Green Building Checklist: Require a green building checklist to be prepared for all new construction to inform developers of the range of green building measures available, disclose the measures included in a project to both decision -makers and the public, and encourage developers to include additional green measures in projects. M DS Implements Which Policy(ies) CS-1.1, 4.1, 7.1, 7.2, 7.6, 7.7, 9.1; OS-5.6 1-4 Low -Impact Development (LID) Checklist: Require a LID checklist to be prepared for all new construction to inform developers of the range of LID measures available, disclose the LID measures included in a project to both decision -makers and the public, and encourage developers to include additional LID features in projects. M DS Implements Which Policy(ies) CS-1.1, 3.1, 3.3, 4.1, 4.2, 8.1, 8.3; OS-2.5, 5.6; S-2.8 .1-5 Green Business Program: Develop a Green Business Program that recognizes businesses that have adopted measures to minimize pollution, reduce waste, reduce energy use, conserve water, reduce their carbon footprint, and contribute to sustainability. L DS Implements Which Policy(ies) CS-1.1, 7.1, 7.6, 7.7, 8.3, 9.1, 9.6 1-6 Healthy Food Establishment Program - Develop a Healthy Food Establishment Program that gives recognition to food establishments that comply with dietary guidelines, ban the use of trans fats, or serve locally grown or harvested foods. L CM Implements Which Policy(ies): HEJ-4.4 Adopted 4-12 National City General Plan Part Four: Implementation Measures Implementation Measure TABLE 4-5 MONITORING AND EVALUATION (ME) IMPLEMENTATION PROGRAM ALL ELEMENTS Priority (Low, Mid, High) N o �, 0 R to ME-1 Municipal Code: Review and amend as needed, to implement the goals and policies of the General Plan, reflect changes in laws and regulations, and incorporate appropriate tools and standards. H AP Implements Which Policy(ies) LU-1 3.4 ME-2 Public Outreach Efficacy: As part of annual review of general plan implementation, evaluate the effectiveness of public communication strategies. L AP Implements Which Policy(ies): HEJ-7.1; E-7.6, 7.7 ME-3 A Hazards/Loss Prevention: Monitor the availabilty of the most current and comprehensive hazard mapping and review areas that are subject to natural hazards, as needed to ensure compatibility of development. L AP Implements Which Policy(ies) LU-3.4; S-1.1 ME-4 A Fire Department Operations: Monitor and address peak load water supply requirements. L FD Implements Which Policy(ies): S-3.3 ME-5 A Fire/Police Service: Monitor and evaluate the effectiveness of fire/emergency medical services and police operations as needed and consider the benefits and costs associated with proposed changes to operations and facilities. M FD/P D Implements Which Policy(ies): S-3.1, 4.2, 4.3, 5.3, 6.3, 6.4 ME-6 Rights -of -way: Assess the potential use of public rights -of -way for open space purposes such as recreation and agriculture and for secondary uses such as maintenance yards and composting centers. L AP Implements Which Policy(ies): OS-3.3, 3.12, 5.8, 7.3 ME-7 Vacant and Blighted Parcels: Maintain a database of existing land uses, vacant and underused sites, and development projects. L AP Implements Which Policy(ies) LU- 1.1, 1.2, 2.1, 2.2, 7.1 ME-8 A Permitted Sites and Brownfields: Maintain a database of permitted and remediated hazardous materials sites and monitor potential development or uses of the sites. M R Implements Which Policy(ies): S-8.3 ME-9 . Historical Resources: Conduct a city-wide survey to identify historical resources, and maintain a database to monitor identified sites. M AP Implements Which Policy(ies): OS-8.2 City of National City 4-13 Part Four: Implementation Measures Implementation Measure TABLE 4-5 MONITORING AND EVALUATION (ME) IMPLEMENTATION PROGRAM ALL ELEMENTS Priority (Low, Mid, I High) Responsible Party' ME-10 4 Hazards/Loss Prevention: Maintain an updated inventory of un-reinforced masonry buildings. M B Implements Which Policy(ies): S-1.6 ME-11 Annual community health and environmental justice survey: Conduct a survey and/or workshop with the public, in conjunction with annual General Plan implementation review, in order to identify and address new issues and needs. M AP Implements Which Policy(ies): HEJ-7.1, 7.4; ME-1 2 Indicators: As needed, evaluate indicators included in Part 5 to monitor progress made in implementation of the General Plan. M AP Implements Which Policy(ies): ALL POLICIES ME-13 Annual report: By April 1 " of each year, prepare a report to the City Council, OPR, and the Department of Housing and Community Development which complies with the requirements of Government Code 65400(a)(2). M AP/ CP Implements Which Policy(ies): ALL POLICIES Adopted 4-14 National City General Plan Part Four: Implementation Measures Implementation Measure TABLE 4-6 OTHER PLANS, MANUALS, AND GUIDELINES (PMG) IMPLEMENTATION PROGRAM ALL ELEMENTS Priority (Low, Mid, High) Responsible Party PMG-1 Climate Action Plan: Sets targets for reductions in GHG emissions and identifies numerous methodologies that the City may implement to reach targets. H AP Implements Which Policy(ies) CS-1.1, 1.4, 7.1, 7.2, 7.3, 7.5; HEJ-1.7 PMG-2 Business District Action Plans: Develop and maintain BDAPs for the Downtown, Harbor, Mle of Cars and Plaza Bonita Business Districts that implement the goals and policies of the General Plan. M AP Implements Which Policy(ies) LU-5.2, 5.3, 5.9, 11.4, 11.9, 13.3; CS-1.2, 1.3, 7.1, 7.7, 9.1 PMG-3 tAi Public Facilities Financing Plan: Develop and maintain a public facilities financing plan and development impact fee (DIF) in accordance with infrastructure needs to ensure that development pays a fair share toward public improvements. M AP Implements Which Policy(ies) LU-8.1, 8.2; C-1.8; CS-3.2, 5.3; OS-5.3, 5.4; S-2.2; PMG-4 A Neighborhood Action Plans: Develop and maintain Neighborhood Action Plans with policies and implementation measures specific to each neighborhood. H AP Implements Which Policy(ies) LU-4.2, 4.4, 4.5, 1 1.4, 1 1.7, 13.3; HEJ-3.2, 3.3; CS-1.3; OS-3.8; E-7.5; S-5.5, 6.2 PMG-5 A Street Design Manua : Develop a manual that sets forth guidance on desired improvements to the public right of way through complete streets, including: low -impact development; narrow roadways; bike lanes; on -street parking; minimal curb cuts; enhanced crosswalks; appropriate sidewalk widths; landscaped medians and parkways; street trees, planters, and wells; street lighting; street furniture; wayfinding; enhanced paving; public art; and other features that contribute to the desired character of the neighborhood and city. H AP Implements Which Policy(ies) LU-9.1, 9.4, 9.6, 9.8, 11.4, 1 1.13; C-2.8, 2.10, 6.1, 6.2, 6.3, 6.5, 6.6, 6.7, 8.3, 8.5, 8.7; HEJ-1.5, 2.2, 2.3, 2.6; CS-1.1, 4.2, 6.4, 8.1, 8.3; OS-4.2, 4.4; S-6.1 City of National City 4-15 Part Four: Implementation Measures Implementation Measure TABLE 4-6 OTHER PLANS, MANUALS, AND GUIDELINES (PMG) IMPLEMENTATION PROGRAM ALL ELEMENTS Priority (Low, Mid, High) Responsible Party PMG-6 Design Guidelines: Update the City's architectural and site design guidelines to implement goals and policies in the General Plan and to: • Accommodate green building, renewable energy and other best practices in development in a manner consistent with architectural and neighborhood character • Address mixed -use, walkability, historic preservation, public art, etc. • Address off-street parking design. • Establish criteria to address the use and design of noise barriers as proposed within development. • Establish an Arts, Culture, and Education district in the downtown through distinctive design, landscape, and signage guidelines that promote and enhance the community's art, culture, history, and educational amenities. H AP Implements Which Policy(ies) LU-3.5, 3.7, 4.2, 4.3, 9.1, 9.2, 9.4, 9.5, 9.7, 9.9, 10.1, 10.3, 11.2, 11.4, 11.6, 11.8, 12.1, 12.2, 12.3, 13.4; C-5.1, 8.6; HEJ-3.3; CS-1.1, 3.4, 4.1, 4.2, 7.1, 7.2, 7.6, 7.7, 8.1, 8.3, 9.1; OS-4.2, 4.4, 5.5, 5.6; NN-1.2, 1.3, 1.5, 1.6, 4.7; S-6.1 PMG-7 Comprehensive Transportation Plan: Develop and maintain a plan that summarizes existing conditions, provides recommendations to mitigate existing deficiencies, and discusses transportation projects that are estimated for completion within 5 years (including funding sources and cost estimates). H E Implements Which Policy(ies) C-2.1, 2.2, 2.5, 2.6, 2.7, 2.8, 2.9, 2.10, 4.6; PMG-8 Truck Routes: Maintain and enforce designated truck routes. H E Implements Which Policy(ies) HEJ-1.7, 1.8 .PMG-9 Pedestrian Master Plan: Identify safe routes to school and priorities for pedestrian improvements including sources of funding and a list of projects that improve pedestrian safety, accessibility, connectivity, and walkability. H E Adopted 4-16 National City General Plan Part Four: Implementation Measures Implementation Measure TABLE 4-6 OTHER PLANS, MANUALS, AND GUIDELINES (PMG) IMPLEMENTATION PROGRAM ALL ELEMENTS Priority (Low, Mid, High) Responsible Party Implements Which Policy(ies) C-2.2, 8.1, 8.3, 8.5, 8.6, 8.7, 8.8; HEJ-2.2, 2.3, 2.5, 2.6; CS-1.1 OS-7.2, 7.4; PMG-1 0 Bikeways Master Plan Develop and maintain a City-wide plan to expand and improve the bikeway system. H E Implements Which Policy(ies) C-9.1; HEJ-2.2 PMG-1 1 Universal design guidelines/standards: Adopt design guidelines and/or level of service standards for a range of users. M AP Implements Which Policy(ies) C-8.7; HEJ-2.2, 2.3, 2.5, 2.6 PMG-1 2 Parking master plan: Prepare a plan for parking -deficient areas. H E Implements Which Policy(ies) C-5.1 PMG-1 3 Water Conservation Plan: Develop a Water Conservation Plan that increases water use efficiency throughout the city. H PW Implements Which Policy(ies) CS-3.4, 4.1, 4.4 PMG-1 4 A Storm Water Best Management Practices: Adopt guidelines for storm water best management practices that would allow projects to comply with storm water standards (e.g., porous pavement for parking lots, trash/debris/sediment separators in storm drains). H DS Implements Which Policy(ies) CS-3.1, 8.1, 8.3; OS-2.5, 5.6; S-2.8 PMG-1 5 Solar access guidelines: Prepare guidelines including standards for sites, subdivisions, buildings and landscaping; as well as the exceptions and exclusions for solar access. L AP Implements Which Policy(ies): CS-1.1, 7.1, 7.6 PMG-1 6 Climate Change Adaptation Action Plan. Develop a plan that sets forth adaptation measures that may include: Weather advisory system; adequate financial and human public health resources, including training, surveillance and emergency response related to new health threats; improving early warning systems and flood hazard mapping for storms; protecting facilities against extreme weather events etc. L AP Implements Which Policy(ies): CS-2.1, 2.3 City of National City 4-17 Part Four: Implementation Measures Implementation Measure TABLE 4-6 OTHER PLANS, MANUALS, AND GUIDELINES (PMG) IMPLEMENTATION PROGRAM ALL ELEMENTS Priority (Low, Mid, High) Responsible Party PMG-17 Food Action Plan: Develop a Food Action Plan that facilitates the development of urban agriculture and community gardens and identifies public outreach strategies to communicate information about healthy food resources. H AP Implements Which Policy(ies): HEJ-3.6, 3.9, 3.10, 4.1, 4.2, 4.3; OS-3.3, 3.4, 3.1 1 PMG-18 Develop a Parks and Recreation Master Plan. L AP/C S Implements Which Policy(ies): 0S-5.1, 5.2, 5.5, 5.6, 5.7, 5.8, 5.9, 5.1 1, 5.12, 6.2, 7.2, 7.3, 7.4 PMG-19 _ Urban Forestry Master Plan: Develop an urban forestry master plan to ensure plentiful, well -maintained, and healthy trees throughout the City. L AP/P W Implements Which Policy(ies): OS-4.2, 4.4, 4.5 PMG-20 .i Watershed Management Plans: Monitor implementation and update as needed. L AP Implements Which Policy(ies): CS-8.1; OS-2.5 PMG-21 4 Emergency Operations / Disaster Relief and Evacuation plans: Review and update, as needed. H FD Implements Which Policy(ies): S-5.3 PMG-22 Green Building: Adopt green building standards to encourage sustainable development. H B Implements Which Policy(ies): CS-7.1, 7.2, 7.6 PMG-23 Low -Impact Development: Adopt low -impact development handbook/user manual to protect water quality. H AP/D S Implements Which Policy(ies): CS-1.1, 3.1, 3.3, 4.1, 8.1, 8.3 OS-2.5; S-2.8 PMG-24 Consistency: Review other applicable plans, including Specific Plans, the Local Coastal Program, the Redevelopment Plan and other manuals for consistency with the General plan and update as necessary. L A Implements Which Policy(ies) LU-13.5 PMG-25 CEQA Streamlining: Amend the local Environmental Guidelines (2005) to include the streamlining process for Sustainable Communities Strategy projects. H AP Implements Which Policy(ies): LU-1.4 Adopted 4-18 National City General Plan Part Four: Implementation Measures Implementation Measure TABLE 4-7 PUBLIC OUTREACH (PO) IMPLEMENTATION PROGRAM ALL ELEMENTS Priority (Low, Mid, High) Responsible Party' PO-1 Ai . . Neighborhood Organizing Workgroups (NOWs): Facilitate the creation of NOWs, comprised of volunteers, for the purpose of guiding the implementation of the Neighborhood Action Plans. H CD Implements Which Policy(ies) LU-4.5; CS-1.3; OS-2.4, 3-8, 4.6; HEJ-7.1 E-7.4, 7.5; S-5.5, 6.2 PO-2 District Action Committees: Facilitate the creation of committees, comprised of volunteer members of the business community for the purpose of guiding the implementation of the District Action Plans. M CD Implements Which Policy(ies) LU-5.2, 5.9, 11.5, 11.9, 1 3.3; HEJ-5.4, 7.1; CS-1.2, 1.3, 7.1, 7.7, 9.1; OS-2.4, 4.6 .PO-3 Energy Conservation Outreach: Work with public utilities and responsible agencies to promote energy conservation through various events and media. M CD Implements Which Policy(ies) CS-1.1, 1.3, 7.1, 7.6, 7.7 PO-4 Go Green Initiative: Initiate a campaign to increase recycling participation to increase the amount of material being recycled. Employ Communications, Quantification, and Competition to accomplish this objective. H CD Implements Which Policy(ies) CS-1.1, 1.3, 9.1, PO-5 4 Website and Events: Provide information and public service announcements, concerning: • Environmental health risks, including how to reduce and eliminate sources of indoor air pollution; how to identify and remediate lead - based paint, • Emergency and earthquake preparedness, including strapping water heaters, seismic retrofitting, and stockpiling emergency food, water, and medical supplies, • Benefits of physical activity and healthy eating, • Educational and volunteer opportunities within the community • Family and health resources, • Ways to reduce traffic congestion, the available variety of transportation alternatives, the benefits of walking and biking, etc. M CD City of National City 4-19 liaataAieirry Part Four: Implementation Measures Implementation Measure TABLE 4-7 PUBLIC OUTREACH (PO) IMPLEMENTATION PROGRAM ALL ELEMENTS Priority (Low, Mid, I High) Responsible Party' Implements Which Policy(ies): C-4.1, 4.2, 4.4, 4.5, 8.4, 9.4, 9.5; HEJ-1.8, 1.10, 2.1, 2.5, 3.8, 4.1, 6.1; OS-2.4; E-2.1, 3.4, 7.2, 7.3, 7.5, 7.8; NN-2.6; S-1.7; PO-6 Disseminate information regarding the county -administered Supplemental Nutrition Assistance Program (SNAP) to National City residents eligible to receive its benefits. H CD Implements Which Policy(ies): HEJ-3.8 PO-7 Inform the public of the benefits of gardening, healthy cooking, and tree planting through recreational classes, community events, and other forums, and make technical information available to residents seeking to plant their own private -use gardens or trees. M CD Implements Which Policy(ies): HEJ-4.1; OS-2.4, 3.4, 4.6 PO-8 Designate space in City facilities to place educational boards/posters and kiosks as a way to disseminate important information to the public. L CD Implements Which Policy(ies): E-3.1, 3.4, 7.2, 7.5; NN-2.6 PO-9 Develop a comprehensive code enforcement public outreach program, which will inform residents and business about such issues as: • impacts associated with noise disturbances to residents and businesses, including potential penalties for violations of noise regulations; • retrofitting structures for noise attentuation; • the City's regulations regarding weed abatement and methods of compliance; • how to abate existing vector breeding sources and prevent new ones from forming; • steps that can be taken to prevent the migration of offensive odors, spray paint, sandblasting compounds, insecticides, or other noxious substances onto adjacent property. H NS Implements Which Policy(ies): NN-2.4, 2.6, 3.6, 4.2, 4.4, 4.6 PO-1 0 A Organize periodic City-wide emergency preparedness exercises M FD Implements Which Policy(ies): S-1.7, 7.4 Adopted 4-20 National City General Plan Part Four: Implementation Measures Implementation Measure TABLE 4-7 PUBLIC OUTREACH (PO) IMPLEMENTATION PROGRAM ALL ELEMENTS Priority (Low, Mid, High) a 11) '6 a N N ce PO-11 A Safety Education: Work with responsible agencies to develop and promote community education on public safety issues, including: household hazardous materials (health effects, safe disposal methods); emergency preparedness; and first aid. M FD/ NS Implements Which Policy(ies): S-1.7; 5.5, 7.4 PO-12 Fire Prevention Education: Through the Fire Prevention Division continue to provide a comprehensive public education program to all age groups from pre- school children to senior citizens on fire safety. M FD Implements Which Policy(ies): S-3.7 PO-13 Unreinforced Masonry Program: Disseminate public information on the potential safety risks of unreinforced masonry buildings and low cost options to retrofit buildings. M B Implements Which Policy(ies): S-1.6, 1.7 City of National City 4-21 Part Four: Implementation Measures Implementation` Measure TABLE 4-8 PROGRAMS AND TOOLS (PT) IMPLEMENTATION PROGRAM ALL ELEMENTS Priority (Low, Mid, High) Responsible Party PT-1 Consider redevelopment tools to implement General Plan Goals and Policies in established redevelopment areas. H R/AP Implements Which Policy(ies) LU-4.3, 7.2, 7.4; S-8.1 PT-2 Create Assessment Districts or Community Facilities Districts to help provide financing for sustainable technologies, open space, or other improvements providing a public benefit. H CD Implements Which Policy(ies) CS-1.1, 7.5; OS-5.4 PT-3 Streetlight LED Program - Develop and implement a program to replace or retrofit existing streetlight fixtures with LED units. M PW Implements Which Policy(ies) CS-1.1, 1.4; PT-4 Traffic Signal LED Program - Develop and implement a program to replace or retrofit existing traffic signals with LED units. M PW Implements Which Policy(ies) CS-1.1, 1.4; PT-5 Energy Conservation Savings Reinvestment Fund - Work with public utilities to develop an ECSRF (pay-as-you-go) to fund efficiency retrofits for HVAC, lighting, and other projects that include energy conservation retrofits. M CD Implements Which Policy(ies) 1 CS-1.1, 7.1, 7.2, 7.5, 7.6 PT-6 Waste Reduction and Recycling Measures: Adopt waste reduction and recycling measures for City facilities and operations. H PW Implements Which Policy(ies) CS-1.1, 9.1, 9.2 PT-7 Cigarette Litter Abatement Fee: Establish and collect a fee on cigarettes at the point of sale to fund cigarette litter cleanup from sidewalks and other public spaces; fee administration, collection and enforcement; and public outreach and education. H CD Implements Which Policy(ies) CS-1.1, 10 .PT-8 i Abandoned Property Rehabilitation Program: Develop a program to abate and rehabilitate vacant properties. H NS Implements Which Policy(ies) CS-1.1; NN-4.1; S-9.1 PT-9 Clean Trucks Program: Encourage drayage truck owners to scrap and replace trucks used for Port activities. L CD Implements Which Policy(ies) CS-1.1 PT-1 0 Commuter Benefits Program: Work with employers to develop commuter benefits programs that encourage employees to use transit, carpools, and other alternative modes of transportation. M CD Implements Which Policy(ies) LU-1.6; C-4.2; CS-1.1; Adopted 4-22 National City General Plan Part Four: Implementation Measures Implementation Measure TABLE 4-8 PROGRAMS AND TOOLS (PT) IMPLEMENTATION PROGRAM ALL ELEMENTS Priority (Low, Mid, High) Responsible Party PT-1 1 .1 Environmentally Preferable Procurement Policy: Use environmentally preferable goods and services when feasible, such as recycled paper and supplies, re -refined oil, retread tires, and recycled toner cartridges, etc. M F Implements Which Policy(ies) CS-1.1, 1.4, 9.1; OS-5.6 PT-1 2 ,ll Integrated Pest Management Program: Adopt feasible environmentally sensitive pest management procedures for City operations L PW Implements Which Policy(ies) OS-3.1 2 PT-1 3 Healthy and Sustainable Food Policy: Adopt a healthy and sustainable foods policy for the purchase of healthy and locally produced food for City operations. L CS Implements Which Policy(ies) HEJ-4.2 PT-1 4 Community Cleanup Events: Facilitate and organize periodic community and neighborhood cleanup events L CD Implements Which Policy(ies) OS-2.4 CS-9.4, 10.2 PT-1 5 Cultural Arts Program: Develop a cultural arts program to encourage and facilitate the development of art in public spaces and promote greater public awareness of architectural, urban design, and cultural heritage of the City. L CD Implements Which Policy(ies) 1 LU-10.2, 1 1-5; PT-1 6 Brownfield Remediation: Maintain a brownfield remediation program to encourage and facilitate the remediation of brownfield sites. H R Implements Which Policy(ies) S-8.1, 8.3 PT-17 Healthy Communities Organizations: Participate in appropriate organizations that advocate healthy communities and that offer funding and resources to implement public health goals and policies. L CD Implements Which Policy(ies): HEJ-2.3 PT-1 8 Community garden program: Develop a program to administer and manage gardens, to the extent practical. M CD Implements Which Policy(ies): OS-3.3, 3.5, 3.6, 3.7, 3.8, 3.9, 3.11, 3.12 PT-1 9 Joint Use Facilities: Pursue the joint use of facilities for recreational uses with school districts and other appropriate agencies and jurisdictions. H CD Implements Which Policy(ies): OS-3.2, 5.10 PT-20 •, Historic Preservation Fund - Establish a historic preservation fund for local preservation incentives supported through grants, private or public donations, or other sources. L CD Implements Which Policy(ies): OS-8.2, 8.3, 8.6 City of National City 4-23 .' Part Four: Implementation Measures Implementation Measure TABLE 4-8 PROGRAMS AND TOOLS (PT) IMPLEMENTATION PROGRAM ALL ELEMENTS Priority (Low, Mid, High) Responsible Party PT-21 Cultural Heritage Tourism: Encourage local business, non-profit, and community organizations to develop a cultural heritage tourism program. L CD Implements Which Policy(ies): OS-8.2, 8.7 PT-22 Intelligent Transportation System (ITS): Implement an ITS for the City. M E Implements Which Policy(ies) C-2.5 PT-23 44 City Operations: Adopt measures for City facilities and operations to minimize emissions, noise, waste, and hazardous waste generation. (e.g. replacement of less efficient equipment; more efficient use of current vehicles; acquisition of low/zero emission vehicles; retrofitting of facilities with energy efficient fixtures; use of environmentally -friendly alternatives, etc.) M PW Implements Which Policy(ies): CS-1.1, 1.4; HEJ-1.7, OS-5.6; S-7.1 NN-1.8 PT-24 Storm water reuse: Develop a program for parks and other City facilities to recharge groundwater, irrigate landscapes and gardens, and provide aesthetic water features. L E Implements Which Policy(ies): CS-8.4 PT-25 Lead -based hazards program: Identify potential hazards in structures, provide remediation information to owners and occupants, and prioritize public structures and households where children reside for remediation. H B/N S Implements Which Policy(ies): HEJ-6.2, 6.3 PT-26 Hazardous Materials Plans and Permits: Require all existing business owners and all new business owners who store, generate, transport, and/or dispose of hazardous materials and/or waste to provide copies of appropriate hazardous materials business plans, risk management and prevention plans, and regulatory agency permits/approvals on an annual basis prior to the issuance of a business license or at the time of business license renewal. An update on the status of compliance should be provided to Council on an annual basis. M CP Implements Which Policy(ies): S-7.2, S-7.5, S-8.3 PT-27 Cultural diversity awareness: Develop and promote programs based on the ethnic and cultural composition of the City. L CS Implements Which Policy(ies): E-5.3, 7.6 PT-28 Tax on Fructose Corn Syrup: Establish a tax on products containing high -fructose corn syrup to discourage unhealthy eating. M F Implements Which Policy(ies): HEJ-4.1 Adopted 4-24 National City General Plan Part Four: Implementation Measures Implementation Measure TABLE 4-9 Consultation (C) IMPLEMENTATION PROGRAM ALL ELEMENTS Priority (Low, Mid, ;I High) Responsible Party' C-1 Coordination of planning efforts: Share development plans and growth projections with other institutions, including schools, hospitals, other care facilities, and related uses and ensure that these facilities have the capacity to accommodate anticipated growth. L AP Implements Which Policy(ies) LU-2.10; E-1.1, 1.2 C-2 Sustainable Communities projects: Work with SANDAG to develop criteria for qualifying projects, review those projects for consistency with SANDAG's Sustainable Communities strategy, and consider either exempting from the California Environmental Quality Act, (Pub. Res. Code §§ 21000 - 21178 ("CEQA")) those transit -priority projects determined by the City Council to be qualifying sustainable communities projects under Pub. Res. Code § 21155.1 or prepare a sustainable communities environmental assessment or environmental impact report as permitted under the CEQA streamlining procedures of Pub. Res. Code § 21 155.2. H AP Implements Which Policy(ies) LU-1.3,1.4 C-3 Collaborate with SANDAG and MTS: Improve transit service and facilities; identify strategic locations for transit stops; construct appropriate noise barriers to mitigation sound emissions and develop various transportation alternatives to serve transit -dependent groups. M CD Implements Which Policy(ies) C-2.4, 7.1, 7.2, 7.3, 7.4, 7.5, 7.6, 7.7; HEJ-1.9, 3.7, 5.2; NN-1.6 C-4 Business Attraction: Work with the National City Chamber of Commerce, other economic development organizations, and institutions to identify and attract businesses and industries that will contribute to the implementation of General Plan Goals and Policies - including sustainability, health, and economic development. M CD Implements Which Policy(ies) LU-5.2, 5.9, 5.10; CS-1.2, 1.3; HEJ-3.1, 3.2, 3.3, 4.5; E-4.4, 7.2 C-5 Work with SANDAG in the development of the Urban Core Transit Strategy. H AP Implements Which Policy(ies) C-7.1, 7.5, 7.7 C-6 Work with MTS, SANDAG and Caltrans on the future South Bay Bus Rapid Transit station at the 1-805 and Plaza Boulevard. M AP Implements Which Policy(ies) C-3.3, 5.1, 5.3, 5.5, 5.6, 5.7 City of National City 4-25 Part Four: Implementation Measures Implementation Measure TABLE 4-9 Consultation (C) IMPLEMENTATION PROGRAM ALL ELEMENTS Priority (Low, Mid, I High) Responsible Party' C-7 Meet as needed with neighboring jurisdictions (including the Port of San Diego, U.S. Department of the Navy, the Cities of San Diego and Chula Vista, and the County of San Diego), other responsible agencies (including SANDAG, San Diego Regional Airport Authority, Caltrans), service providers (including Sweetwater Authority, San Diego Metropolitan Wastewater Department, San Diego Gas & Electric), and School Districts to: • Discuss development activities, capacity issues, and sustainable and economic development efforts; • Ensure the compatibly of land use, facilities, infrastructure, and other planning efforts; • Ensure the compatibly of circulation planning efforts, including roadways, transit, bikeways and pedestrian connectivity; and • Address the causes of and responses to climate change. L CD Implements Which Policy(ies) LU-3.1, 5.7, 5.8, 6.1, 6.2, 6.3, 6.4, 6.5, 8.4; C-1.5, 2.4, 3.1, 3.2, 3.3, 6.1, 6.3, 6.4, 6.5; HEJ-1.6, 1.9; CS-2.2, 2.4, 3.2, 3.4, 4.3, 4.4, 5.1, 5.2, 6.1, 6.2, 6.3, 6.5; OS-2.6, 6.1, 7.1, 7.3; E-1.2, 6.6, 8.3, 8.4; NN-1.5, 1.7, 1.9, 2.1, 3.1; S-2.10, 2.11, 3.3, 4.1, 5.1, 5.2, 7.6 C-8 Recycled Water Distributon: Collaborate with the SWA in studying the feasibility of developing and implementing a plan for recycled water distribution. L PW Implements Which Policy(ies): CS-4.3 C-9 Pollution Prevention: Cooperate with the City of San Diego and the Unified Port District to implement Think Blue, or similar programs and public outreach efforts L PW Implements Which Policy(ies): CS-8.2; OS-2.5 C-10 • Work with the San Diego County Farm Bureau to establish a certified, weekly Farmers' Market in National City. H CD Implements Which Policy(ies): HEJ-3.6; 0S-3.1 0 C-11 •i Work with the International Community Foundation (ICF) to establish a farmers' market in conjunction with their community gardens. H CD Implements Which Policy(ies): HEJ-3.4; OS-3.4 Adopted 4-26 National City General Plan Part Four: Implementation Measures Implementation Measure TABLE 4-9 Consultation (C) IMPLEMENTATION PROGRAM ALL ELEMENTS Priority (Low, Mid, I High) Responsible Party' C-12 Establish a collaborative of stakeholder agencies, organizations, and community groups to address health and environmental justice issues and coordinate the provision of services and programs. M CD Implements Which Policy(ies): HEJ-7.1, 7.2 C-13 '.1t4native Work with local environmental and community volunteer groups to conduct plant restoration projects L CD Implements Which Policy(ies): OS-1.3, 2.2, 2.4 C-14 Work the National School District on child health and nutrition initiatives including the development of community gardens. L CD Implements Which Policy(ies): HEJ- 4.1 OS-3.2 C-15 li17 Consult with Native American Heritage Tribes prior to making any land use decision that could potentially affect a cultural resource or sacred site. L CD Implements Which Policy(ies): OS-8.9 C-16 Facilitate joint meetings of the City Council and the National School District School Board to discuss on -going joint efforts and new opportunities for collaboration. M CD Implements Which Policy(ies): E-1.3, 1.5, 2.1, 2.3, 2.4, 2.5, 3.2, 4.1, 5.3, 5.6 C-17 Maintain and on -going dialogue and collaboration between the City and local educational institutions (including National School District, Sweetwater Union High School District, Charter Schools and local colleges and universities) and Family Resource Centers: Ensure that General Plan goals and policy recommendations related to education are being achieved. L CD C-18 Make City resources (e.g., meeting rooms, staff, website, etc.) available, when feasible, to assist local educational institutions in meeting shared goals and objectives. L CD Implements Which Policy(ies): E-1.5, 2.2, 3.1 City of National City 4-27 Part Four: Implementation Measures Implementation Measure TABLE 4-9 Consultation (C) IMPLEMENTATION PROGRAM ALL ELEMENTS Priority (Low, Mid, High) Responsible Party' C-19 Develop Partnerships with non-profit or faith -based organizations and the business community in order to implement goals and policy recommendations of the General Plan. L CD Implements Which Policy(ies): E-3.2, 4.3, 4.4, 6.4, 6.6, 7.1, 7.2, 7.6, 7.8; HEJ - 5.3; CS-1.2; OS-2.4, 3.4, 4.6, 5.13; S-6.6 C-20 Work with the Police Department and the California Highway Patrol to promote the enforcement of State and City noise regulations for vehicles. L NS Implements Which Policy(ies): NN-1.1 C-21 A Multi -Jurisdictional Hazard Mitigation Plan: Assist the County of San Diego in updates to this plan. L FD Implements Which Policy(ies): S-5.4 Adopted 4-28 National City General Plan A. The Purpose of Indicators A series of indicators are identified in this Chapter that the City can use to track its progress towards achieving its vision for the future. An indicator is a measurement that assists in demonstrating the level of progression in achieving policy -driven goals. An indicator must have a benchmark and a target. The benchmark is the existing condition - the original measurement from which to evaluate all later measurements. The target is the goal - the point at which success is achieved. Measuring how well a city currently is performing on a specific issue and identifying changes that have occurred as a result of implemented policies and programs helps to reveal the effectiveness of a city's actions. The City in turn, can modify its actions as necessary in order to meet certain targets. In this way, an indicator is used to evaluate progress and guide policy decisions. An effective indicator should meet the following criteria: relevancy, ease in understanding, reliability, and accessibility of relevant data. The indicators set forth in this Chapter generally are measured by existing sources - including City Departments, the County of San Diego or other responsible agencies, various State offices, and the U.S. Census Bureau. Other indicators rely on survey data that would need to be periodically generated. B. .Indicator Table The following table identifies indicators for the General Plan goals for which progress can be measured. The first column in the table specifies the indicator. The second column specifies how each indicator is measured and the source of the measurement. The data source and measurement technique has been identified to ensure that these City of National City 5-1 twnoNALftilr Part Five: Indicators indicators can be measured again in the future using the same methodology. The existing conditions measurement is based on information available at the time this report was prepared.'.. The fourth column indicates recommended targets that specify the level of progress that should be achieved to meet the City's goal. The fifth column identifies General Plan goals that pertain to each indicator. Finally, the Guiding Principle(s) to which each indicator relates is identified. ' The existing conditions measurement is based on the most recent data available; however, the year may differ among indicators, depending on the source. Adopted 5-2 National City General Plan Part Five: RHNA' Allocation Achievement Very Low (<50% Area Median Income (AMI)) Low (51%-80%AMI) Moderate (81%- 21 %AMI) Above Moderate (>120% AMI) Density within '/. mile of a transit stop (bus or trolley) % of residents spending >30% AMI on housing (Owner and Renter) Local sales tax revenue (% of Total Revenue) HOW MEASURED/' DATA SOURCE Housing Element Community Development Dept. GIS Mapping State of'the Cities Data System: Comprehensive Housing Affordability Strategy Housing Problems. City Treasurer. (Sales tax +district sales tax / total revenue) EXISTING CONDITIONS MEASUREMENT Very Low: 60 units' Low: 27 units Moderate ,1 70 units Above'Moderate: ate: 521 units, Total: 778 (2005-2009) 30.5% Owner "' 422% Renter (2000 data) 61,7% (2008) DESIRED TARGET Very Low:;18 units Low: 39 units Moderate: 60 units Above Moderate: 202 units,, Total: 31,9 units (2005-2010`i Planning Period) More than 5 du/ac GOALS MEASURED LU-2 LU-1, LU- 4, LU-7, LU- 8, LU-9 RELATED GUIDING PRINCIPLE QUALITY OF LIFE i•k/ J V 0% Owner 0% Renter LU-2 J 60% LU-5 V V V ' The RHNA is the Regional Housing Needs Assessment provided by the San Diego Association of Governments (SANDAG) and identifies the number of units National City is expected to supply within each income category during a specified planning period to meet its "fair share" of regional housing need. City of National City 5-3 Part Five: indicators NOWMEASURED/ DATA SOURCE: EXISTING CONDITIONS MEASUREMENT DESIRED TARGET GOALS MEASURED d RELATED` GUIDING PRINCIPLE w z 0 w z' Fri' Commercial vacancy rates Local Brokerage Firm(s)/SANDAG TBD <5% LU-5 V 1 % of elementary students that walk to school # of miles of non - vehicle routes (dedicated pedestrian paths/trails and bike routes) Public transit ridership (share of modal split) Survey National City GIS; City Bikeways Master Plan SANDAG Data US Census - American Community Survey 3 Year 'Estimates. TBD TBD 6.9% ridership in 2008 100 percent 20 % Increase over 20years2 15% C-2, C 4 C-6 C-2, C-4, C-6, C-7 LU-1, LU- 9 C-1, C-2, C-3, C-4, C-5 1 1 1 d Z Based on what other cities are aiming for. This target is slightly higher than the targets set by other cities because National City currently has few non -vehicular routes. pted National City Gen( -Ian Part Five: How MEASURED/` DATA SOURCE RELATED;GUID1NG PRINCIPLE EXISTING CONDITIONS MEASUREMENT DESIRED TARGET GOALS MEASURED Commute modal split Number of buildings requiring earthquake retrofitting # of code violations related to fire hazards - weeds, debris around structure, etc. US Census - American Community Survey 3 Year Estimates - Detailed Tables - Means of Transportation to Work by Age National City Building. Department Drove Alone 60. 7% Carpooled 14. Public Transit Walked Biked 6.9 3.7 0.6 Worked From Home 5% Other;. 1.6 °!o 2006-2008 American Community Survey . `TBD Decreased single - occupancy vehicle share of modal split. 0 C-2, C-3, CS-1 HEJ-1 S-1 Code Enforcement Database 10% reduction annually S-3 Number of code violations (g09.12.020) related to weeds and other flammable materials (2009). City of National City 5-5 Part Five: Indicators Number of gang members and gangs How MEASURED/ DATA SOURCE Crime Analyst NCPD EXISTING CONDITIONS MEASUREMENT 4 Gangs (650 Known Members) DESIRED TARGET Reduce number of gang members by 10%: every five years .. GOALS MEASURED 1 RELATED GUIDING PRINCIPLE 0 Average number of crimes per 1 ,000 residents National City Crime Analyst 34 (total violent -and property crimes) 26.134 (Regional Rate) 5-6 Average police response times Average Fire Department and Emergency Medical Services response time National City Police Dept. Crime Analyst, 2009 Fire Response Study (FRS) Emergency (Priority ''1,) Calls : 5:04 minutes 7:45 Minutes (89.5% of the Time) 7 Minutes (90% of the Time) S-6 5-4 Public emergency preparedness Survey TBD TBD S-5 Number of brownfields remaining to be remediated Measured noise levels (transportation - related and ambient) Redevelopment Department /Brownfield Environmental Information• System (BREIS) Noise study ID TBD Ldn 55 dB (Day/night average sound level)5 S-8 NN-1, NN-2 1 SANDAG Criminal Justice Research Division. (Oct. 2009). Crime in the San Diego Region, 2009 Mid -Year Statistics. pted 0 National City GenE ' "Ian Part Five: Ind. rs Noise disturbances reported Acres of open space per 1,000 population (including parks, open space preserves, public plazas, community gardens, etc.) Acres of community gardens per 1,000 residents % urban tree canopy HOW MEASURED/ DATA SOURCE Code Enforcement Police Department City GIS database - National City GIS - U.S. Census Bureau . American FactFinder Population Finder ;San Diego Urban Ecosystem Analysis American Forests City Green Site Reports,. .,1;, EXISTING CONDITIONS MEASUREMENT 728 Complaints (Between January 1 sc and July 31 Pt, 2009)a. 445' 0.016/ 1000 residents„_ (Includes, 0.5 acre .ICF garden and Olivewood Garden` (0.5-acre)) DESIRED TARGET Reduce by.,25% every five years No net loss 0.77 acres/1,000 Public Health and Law Policy 1 2%6 GOALS MEASURED OS-1 0S-3 0S-4 RELATED GUIDING'':;' PRINCIPLE J 5 National City Municipal Code, Title 12.02.060 and U.S. EPA, 6 National City Police Department. (2009). Police Records:;'• Per spreadsheet prepared by Planning Department. s American Forests recommends a tree canopy of 25% for the San Diego region; however, to better reflect the local conditions in National City, the target has been reduced to 12% given that a large percentage of National City is composed of water and freeways, which were not excluded from the existing conditions measurement. City of National City 5-7 tligna .V- 4� Part Five: Indicators # of city -owned trees removed due to poor health or upkeep HOW MEASURED/ DATA SOURCE Department of Public Works Records EXISTING CONDITIONS MEASUREMENT TBD No net loss GOALS MEASURED RELATED GUIDING PRINCIPLE 0 J Z 0 E_ w LL of J z cn W. z J Schools functioning as parks/open space - National School District - Sweetwater High School District.., - City of National City None. 9 elementary schools, 2 middle schools, anal high school OS-5 J Acres of park land per 1,000 residents - National CityGlS /Capital Asset Statistics - U.S. Census Bureau: 1.9: acres per 1,000: (includes only usable,_ Open Space) 4.75/1,000;is the General Plan policy. OS-5 J J % of National City residents within a 1/2 mile of a park National City GIS (Measured r by a 1/2 mile buffer frorn all park boundaries) 13;084 dwelling units * 3.58 persons perdwelling unit = 46840✓56,522 = ,83% 1U0% OS-5 J J Miles of recreational trails and dedicated pedestrian paths. National City GIS TBD TBD OS-7 ted National City Gene an Part Five: Indi.,a,.urs How MEASURED/ DATA SOURCE EXIST NG CONDITIONS MEASUREMENT DESIRED TARGET GOALS MEASURED o< RELATED: GUIDING PRINCIPLE z Runoff water quality San Diego Watershed Urban Runoff Management Program (WURMP) Baseline Long -Term Effectiveness Assessment (BLTEA)9 priority for each hydrologic area (HA) covering National City for the following pollutant categories: 1. Heavy Metals"' 2. .Dissolved Minerals 3. Organics 4. Oil and Grease 5. Sediments 6. Pesticides 7. Nutrients 8. Gross. Pollutants 9. Bacteria/:, Pathogens.:.:, Cat. be 908. 909. 1 2 D 3 4 5 6 7'. C B D._ D 8 C D:. 9 A 2001 200,6BLTEA data record San Diego WURMP 2006-2007 Annual Report Lower priority ratings among all pollutant categories. CS-3,CS- V 9 San Diego Bay Watershed Urban Runoff Management Program (WURMP) monitors and manages water runoff contamination using BLTEA data every five years. In order to identify the high priority water quality problems in the San Diego Bay Watershed Management Area, monitoring data and likely source information are used to conduct a Baseline Watershed Evaluation (BWE) for each Hydrologic Area. Those pollutant categories receiving an "A" BLTEA Threat to Water Quality (TTWQ) rating coupled with a large number of likely or unknown sources are considered the highest priority water quality problem for that Hydrologic Area. City of National City 5-9 Netct0 Part Five: Indicators GHG emissions Number of hybrid vehicles in City fleet. Per capita water usage in National City Waste reduction How'MEASURED/ DATA SOURCE 1CLEI Greenhouse Gas Emissions Inventory City Capital Inventory Sweetwater Authority Water Distribution System Master Plan Diversian'.rate10 EXISTING CONDITIONS MEASUREMENT 9.6 metric tons of CO2e per capita (2005Inventory) 4 .1 10 gaL/day/capita (2006 data) Water: Distribution . System Master Plan Update 2007,. 53% DESIRED TARGET 15% Reduction from 2005 levels;;by 2020 (8.16 metric tons of CO2e per capita) All cars (trucks and utility vehicles • excluded) Reduce by„10% during a Level. 1 Drought Watch, Reduce by 20% during a Level 2 Drought Alert, Reduce by 40% during a Level 3 Drought Critical, and Reduce by more than 40% during a Level 4 Drought Emergency 75% GOALS MEASURED CS-1 CS-1 HEJ-1 CS-4 CS-9 RELATED GUIDING PRINCIPLE w V)i N LEED certified buildings in the city Green Building;; Council National City Community Development TBp All new government buildings and projects using public subsidies should be LEED certified" CS-1, CS- 7 •✓ 10 As reported by the California Department of Resources, Recycling, and Recovery (CalRecycle). t1 Three Leadership in Energy and Environmental Design (LEED-certified buildings are currently under construction with Habitat for Humanity). pted 0 National City Gene --' ^tan Part Five: indi..___. s Vehicle miles traveled (VMT) per capita HOW MEASURED/ DATA SOURCE Average Daily Traffic Volumes EXISTING COND1110NS MEASUREMENT TBD DESIRED TARGET Reduce by,10% over the next 5 years1 2 GOALS; MEASURED L101,>.,LU-4, C-4, C-5 CS-1; HEJ-1' RELATED GUIDING PRINCIPLE d Number of days exceeding air quality standard: 03 NAAQS13 San Diego Air Pollution Control District (SDAPCD); California Air Resources Board (CARB), Interactive Aerometric Data Analysis and Management system (iADAM),,_ Number of days exceeding air quality standard: 03 CAAQS SDAPCD; GARB, Interactive Aerometric Data Analysis and Management system (iADAM)., 8-hour SD:0 CV:0 (2008 Measurement) 8-hour SD:1, CV:4 y. (2008 Measurement) 0" HEJ-1 CS-1 HEJ-1 CS-1 12 Conservative estimate based on for what other cities are aiming. 3 The nearest air pollutant monitoring stations to National City are located in Chula Vista (80 E. J St.) (CV) and downtown San Diem (1110A Beardsley St.) (SD). The number of days of exceedance reflects the days measured at each of these stations. City of National City 5-11 ,TtON Z trp Part Five: Indicators Number of days exceeding air quality standard: PM1 0 NAAQS14 Number of days exceeding air quality standard: PM1 0 CAAQS' 5 Number of days exceeding air quality standard: PM2.5 NAAQS16 How`MEASURED/ DATA SOURCE SDAPCD; CARB, Interactive Aerometric Data Analysis and Management system (iADAM) SDAPCD; CARB, Interactive Aerometric Data Analysis and Management system (iADAM) SDAPCD;. CARS, Interactive Aerometrie Data Analysis and Management system (iADAM) EXISTING CONDITIONS MEASUREMENT 24-hour SD: 0 CV:0 ,,.. (2008 Measurement);. 24-hour SD: 4 CV1 (20Q8 Measurement) 24-hour SD: 3 CVO (2008 Measurement) 0 DESIRED TARGET GOALS MEASURED HEJ1 HEJ-1 CS-1 HEJ-1 CS-1 Lt. 0 War RELATED GUIDING PRINCIPLE 0 O w 1- z w O m '4 The nearest air pollutant monitoring stations to National City are located in Chula Vista (80 E. J St) (CV) and downtown San Diego (1110A Beardsley St.) (SD). The number of days of exceedance reflects the days measured at each of these stations. t5 The nearest air pollutant monitoring stations to National Cityare located in Chula Vista (80 E. J St.) (CV) and downtown San Diego (1110A Beardsley St.) (SD). The number of days of exceedance reflects the days measured at each of these stations. �6 The nearest air pollutant monitoring stations to National City are located in Chula Vista (80 E. J St.) (CV) and downtown San Diego (1 1 10A Beardsley St) (SD). The number of days of exceedance reflects the days measured at each of these stations. rted National City Gener-' ^'an Part Five: Number of days exceeding air quality standard: All other (CO, NO2, Lead, SO2) % local produce sold in National City grocery stores % of National City residents within walking distance (1 /4-mile) of fresh produce vendor (grocery, farmer's market, community ,I garden) Student fitness test scores (National City Middle School 7" grade only) Student fitness test scores (Granger Jr. High 7" and 9" grades) HOW MEASURED/ DATA SOURCE SDAPCD; CARB, Interactive Aerometric Data Analysis and Management system (iADAM) Survey Required % of. students meeting 6 of 6 fitness standards13 % of students meeting 6 of 6 fitness standards` EXISTING CONDITIONS MEASUREMENT SD:O CV: 0 (2008' Measurement), TBD 42.2% 7th Grade S3.3%- 9th Grade DESIRED !` TARGET 95% Increase by 25% every five years Increase by 25% every five years HEJ-1 CS'=7!.. HEJ-3 HEJ-3 HEJ-2 HEJ-2 J u- 0 -71 RELATED GUIDING PRINCIPLE 5 w;; ua z V V d City of National City 5-13 Part Five: Indicators Student fitness test scores (Olivewood Elementary 5th grade only) Student fitness test scores (Las Palmas Elementary 5th grade only) Student fitness test scores (Kimball Elementary 5th grade only) Student fitness test scores (Palmer Way Elementary 5th grade only) Student fitness test scores (Harbison Elementary 5t° grade only) How MEASURED/ DATA SOURCE % of students meeting 6 of 6 fitness standards14 % of students meeting 6 of 6 fitness standards'4 % of students meeting 6 of 6 fitness standards'? % of students meeting 6 of 6 fitness standards''^. % of students meeting'6 of 6 fitness standards' 4 EXISTING CONDITIONS 17.6% 12.0% 5.5% DESIRED TARGET Increase by, 25% every five years Increase by 25% every five years Increase by 25% every five years Increase by 25% every five years Increase by 25% every five years 1' California Dept. of Education (School Year 2007-2008) htto://datal .cde.ca.gov/dataquest/ GOALS MEASIJRED HEJ-2 HEJ-2 HEJ-2 HEJ-2 RELATED GUIDING PRINCIPLE w 1 )ted National City Gene 'sn Part Five: lndl�u�..s Student fitness test scores (John Otis Elementary 5th grade only) Student fitness test scores (Central Elementary 5th grade only) Student fitness test scores (El Toyon Elementary 5th grade only) of population considered overweight/obese % of population within 1/2 mile of a health service facility How MEASURED/ DATA SOURCE % of students meeting 6 of 6 fitness standards14 % of students meeting 6 of 6 fitness standards1s of students meeting 6'of6I' fitness standards'.e County of San, Diego Health and Human Services Community Health Statistics Unit,. EXISTING CONDITIONS MEASUREMENT 25.0% 10.8% 22% of population. overweight 25% of population obese (South Region, 2007) 86% '.'increase by 25% every five years Increase by 25% every five years ''Increase by 25% every five 'years 118% and 22% respectively (same as the County overall) 95% 18 California Dept. of Education (School Year 2007-2008) http://datal.cde,ca,gov/dataauest/ GOALS MEASURED HEJ-2 HEJ-2 HEJ-4 HEJ-5 RELATED GUIDING PRINCIPLE z 0 • d 0 1 •✓ v City of National City 5-15 ian.r4i �JTy Part Five: Indicators # of units with high risk for lead based paint hazards High school graduation rate Higher educational attainment (Associate's Degree or Higher) Higher educational attainment (Bachelor's Degree: or Higher) Academic performance index (API) (Sweetwater High School) HOW MEASURED/ DATA SOURCE Grants and Housing Dept. % of students that graduate from Sweetwater High School % of National City residents 25 or older with an AA or higher A/° of National City residents '25 or older with a BA/BS or higher 'CaIiifornia Department of Education Annual API Base and Growth Reports EXISTING CONDITIONS MEASUREMENT 126 units remediated Lead Hazard Control Grant Final IClose- Out Report June 2008 84.1% for school yr 2007-200819 701 (2009 API Score) 24 463 units ,left to be remediatedl;: 100% 481.6% SD County 41.9% (SD Ci3unty) zi 33.8% (SD County avg.) 23 800 (State target for all schools) GOALS MEASURED HEJ, 6 E-1 E-2 E-2 E-1 RELATED: GUIDING PRINCIPLE '' J a V V W, J d V a H z z` v 19 California Department of Education, DataQuest. (2007F2008). 2° U.S. Census Bureau, 2006-2008 American CommunityS'urvey 3-Year Estimates (Table S1501) 21 U.S, Census Bureau, 2006-2008 American Community Survey 3-Year Estimates (Table S1501) 22 U.S. Census Bureau, 2006-2008 American Community Survey 3-Year Estimates (Table S1501) 23 U.S. Census Bureau, 2006-2008 American Community Survey 3-Year Estimates (Table S1501) 24 California Department of Education, DataQuest. (2009). Growth API Report (Includes ASAM schools) pted "6 National City Gen( "Ian Part Five: Ind rs NOW MEASURED/ DATA SOURCE EXISTING CONDITIONS Digital divide (% of residents with home computer and Internet access) City unemployment rate Survey Required TBD DESIRED TARGET GOALS MEASURED TBD u: 0 RELATED GUIDING PRINCIPLE z 0 5 V # child care facilities (per 1,000 children under 5) State of California Employment Development Department City Business Licenses ; Community;' Development Department; US Census 18.5% (2009 30 total (5 Head ' Starts and 25 private family day!. care:''fa ci li ti e s (2009); . 6.8 per 1000 chifdren.under five (2000 Census, population data):' 9.7%2' (2009, San Diego County average) lql1l0t254pgr,.1001a.p."' children und'er,.526 E-4 E-6 V 1 1 V J z5 California Employment Development Department. (2009). Monthly Labor Force Data for Cities and Census Designated Places (CDP), Annual Average 2009 - Revised. Retrieved May 4, 2010 from: http://www.calmis.ca.gov/file/Ifhist/09aasub.xls. 26 1977-1997 Census of Service Industries. 1997 State Estimate of Child Care Establishments in California per 1000 children under 5. City of National City 5-17 NATIONOicirr ITEM #46 6/22/10 CLOSED SESSION REPORT (CITY ATTORNEY)