HomeMy WebLinkAbout2010 07-20 CC CDC AGENDA PKTAgenda Of The Regular Meeting — National City City Council /
Community Development Commission of the City of National City
Council Chambers
Civic Center
1243 National City Boulevard
National City, California
Regular Meeting — Tuesday — July 20, 2010 — 6:00 P.M.
Open To The Public
Please complete a request to speak form prior to the commencement of the meeting and submit it to
the City Clerk.
It is the intention of your City Council and Community Development Commission (CDC) to be receptive
to your concerns in this community. Your participation in local government will assure a responsible and
efficient City of National City. We invite you to bring to the attention of the City Manager/Executive
Director any matter that you desire the City Council or Community Development Commission Board to
consider. We thank you for your presence and wish you to know that we appreciate your involvement.
ROLL CALL
Pledge of Allegiance to the Flag by Mayor Ron Morrison
Public Oral Communications (Three -Minute Time Limit)
NOTE: Pursuant to state law, items requiring Council or Community Development Commission action must be
brought back on a subsequent Council or Community Development Commission Agenda unless they are of a
demonstrated emergency or urgent nature.
Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in
compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at (619) 336-4228 to
request a disability -related modification or accommodation. Notification 24-hours prior to the meeting will enable
the City to make reasonable arrangements to ensure accessibility to this meeting.
Spanish audio interpretation is provided during Council and Community Development Commission Meetings. Audio
headphones are available in the lobby at the beginning of the meetings.
Audio interpretation en espano! se proporciona durance sesiones del Consejo Municipal. Los audiofonos
estan disponibles en el pasillo al principio de la junta.
Council Requests That All Cell Phones
And Pagers Be Turned Off During City Council Meetings
COPIES OF THE CITY COUNCIL OR COMMUNITY DEVELOPMENT COMMISSION MEETING AGENDAS AND MINUTES
MAY BE OBTAINED THROUGH OUR WEBSITE AT www.nationalcityca.qov
CITY COUNCIL/COMMUNITY
DEVELOPMENT COMMISSION AGENDA
7/20/2010 - Page 2
PROCLAMATION
1. Proclaiming the Summer of 2010, as: "THE SEASON OF SERVICE"
PRESENTATIONS
2. Employee of the Month of July 2010 — Corporal Dan Nagle, Police Department
3. Presentation and Report — The Boys and Girls Club of Greater San Diego,
National City Branch
4. Presentation — US Census
CITY COUNCIL
CONSENT CALENDAR
Consent Calendar: Consent calendar items involve matters, which are of a routine
or noncontroversial nature. All consent calendar items are adopted by approval of a
single motion by the City Council. Prior to such approval, any item may be removed
from the consent portion of the agenda and separately considered, upon request of
a Councilmember, a staff member, or a member of the public.
5. Approval of the Minutes of the Adjourned Regular City Council/Community
Development Commission Meeting of June 22, 2010 and the Regular City
Council/Community Development Commission Meeting of July 6, 2010. (City
Clerk)
6 . Approval of a motion to waive reading of the text of the Ordinances considered
at this meeting and provides that such Ordinances shall be introduced and/or
adopted after a reading of the title only. (City Clerk)
7. Resolution of the City Council of the City of National City approving an
amendment increasing the not -to -exceed amount from $200,000 to $240,000
for the on -call agreement between the City and Wade & Associates to provide
construction inspections and project management services for various Capital
Improvement Projects. (Funded by CIP projects) (Development
Services/Engineering)
CITY COUNCIL/COMMUNITY
DEVELOPMENT COMMISSION AGENDA
7/20/2010 - Page 3
CONSENT CALENDAR (cont.)
8. Resolution of the City Council of the City of National City authorizing the Mayor
to execute an Agreement with RBF Consulting for a not to exceed amount of
$146,863 to provide Civil Engineering Services for construction of traffic safety
enhancements on East 8th Street from J Avenue to Palm Avenue, facilitated by
a $900,000 Federal HSIP grant (funded by Prop. A and City General Fund —
grant matches) (Development Services /Engineering)
9. Resolution of the City Council of the City of National City establishing the
Library General Obligation Bond Tax Rate for Fiscal Year 2010-2011 at 1.42
cents per $100 of assessed valuation. (Finance)
10. Resolution of the City Council of the City of National City delegating authority to
the City Manager to act on behalf of the City of National City in matters relating
to CSAC Excess Insurance Authority (EIA). (City Manager)
11. Resolution of the City Council of the City of National City approving the
compensation of the City Attorney. (City Attorney)
12. WARRANT REGISTER #50
Warrant Register #50 for the period of 06/09/10 through 06/15/10 in the amount
of $1,533,823.45. (Finance)
13. WARRANT REGISTER #51
Warrant Register #51 for the period of 06/16/10 through 06/22/10 in the amount
of $713,255.19. (Finance)
PUBLIC HEARING
14. Public Hearing to consider the report required by California Health & Safety
Code Section 5473, Et Seq pertaining to collection of sewer charges on the tax
roll, directing the City Clerk to file said report with the San Diego County Auditor,
and directing the Finance Director to certify with the San Diego County Auditor
the "Sewer Service Charge Fund." Sewer service fees will not increase for FY
2010-2011. (Public Works) **Companion Item # 19**
CITY COUNCIUCOMMUNITY
DEVELOPMENT COMMISSION AGENDA
7/20/2010 - Page 4
ORDINANCES FOR INTRODUCTION
15. 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),
18.108 (Nonconforming Uses), 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, ZC, SPA, EIR) (Development Services /Planning)
16. An Ordinance of the City Council of the City of National City approving an
Amendment to the contract between the Board of Administration California
Public Employees' Retirement System and the City Council of the City of
National City to provide for a 2% @ 60 full formula benefit for Miscellaneous
members entering membership for the first time in the Municipal Employees'
Association and Confidential subgroups. (Human Resources) **Companion
Item #17**
NON CONSENT RESOLUTIONS
17. Resolution of the City Council of the City of National City Council approving an
Amendment to the contract between the Board of Administration California
Public Employees' Retirement System and the City Council of the City of
National City to provide for a 2% @ 60 full formula benefit for Miscellaneous
members entering membership for the first time in the Municipal Employees'
Association and Confidential subgroups. (Human Resources) **Companion
Item #16**
18. Resolution of the City Council of the City of National City authorizing additional
funds of up to $500,000 from General Fund Contingency Reserves to fund the
City's Employee Voluntary Separation Program. (Human Resources)
19. Resolution of the City Council of the City of National City adopting the report
required by California Health & Safety Code Section 5473, Et Seq pertaining to
collection of sewer charges on the tax roll, directing the City Clerk to file said
report with the San Diego Auditor, and directing the Finance Director to certify
with the San Diego County Auditor the "Sewer Service Charge Fund." Sewer
service fees will not increase for FY 2010-2011. (Public Works) **Companion
Item #14**
CITY COUNCIL/COMMUNITY
DEVELOPMENT COMMISSION AGENDA
7/20/2010 - Page 5
NON CONSENT RESOLUTIONS (Cont.)
20. Resolution of the City Council of the City of National City approving the San
Diego Enterprise Zone (SDREZ) Boundary Modification and Expansion.
(Community Development)
NEW BUSINESS
21. Designation of Voting Delegate and Alternate(s) for League of California Cities
Annual Conference. (City Manager)
22. Proposed termination of the Towing Agreement between the City of National
City and JC Towing, Inc. (City Attorney)
23. Temporary Use Permit — National City Automobile Heritage Show on August 1,
2010 at Kimball Park from 8 a.m. to 4 p.m. sponsored by the National City
Chamber of Commerce. This is a National City co -sponsored event eligible for
a $1,500 fee waiver. (Neighborhood Services Division)
24. Temporary Use Permit — Health & Wellness Fair hosted by Paradise Valley
Hospital and the National City Times on October 30, 2010 from 9 a.m. to 4 p.m_
at the Paradise Valley Hospital employee parking grounds with no waiver of
fees. (Neighborhood Services Division)
COMMUNITY DEVELOPMENT COMMISSION
CONSENT CALENDAR
25. Authorize the reimbursement of Community Development Commission
expenditures in the amount of $97,686.41 to the City of National City for the
period of 06/09/10 through 06/15/10. (Finance)
26. Authorize the reimbursement of Community Development Commission
expenditures in the amount of $122,390.32 to the City of National City for the
period of 06/16/10 through 06/22/10. (Finance)
27. Resolution of the Community Development Commission of the City of National
City (CDC) approving a Third Amendment to the Disposition and Development
Agreement by and between the CDC and Southwestern Community College
District to revise the Schedule of Performance and require Southwestern
Community College District to invest in a fagade improvement to the parking
structure on 8th Street and Roosevelt Avenue for an amount not to exceed
$50,000. (Redevelopment)
CITY COUNCIL/COMMUNITY
DEVELOPMENT COMMISSION AGENDA
7/20/2010 - Page 6
NON CONSENT RESOLUTION
28. Resolution of the Community Development Commission of the City of National
City (CDC) approving a $675,000 Loan Agreement by and between CDC and
Mile of Cars Association for rehabilitation of Mile of Cars freeway signage (loan
term 20 years at 2% interest). (Tax Increment Fund) (Redevelopment Division)
STAFF REPORTS
29. Closed Session Report. (City Attorney)
MAYOR AND CITY COUNCIL
ADJOURNMENT.
Adjourned Regular City Council and Community Development Commission
Meeting — Tuesday — August 3, 2010 — 5:00 p.m. Council Chambers —
National City, California.
INCORPORAT3:13
MEMORANDUM
July 7, 2010
TO Chris Zapata, City Man er
FROM Stacey Steven uman Resources Director
SUBJECT
ITEM #2
7/20/10
EMPLOYEE OF 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 July 2010 is Corporal Dan Nagle
By copy of this memo, the employee is invited to attend the Council meeting on Tuesday, July
20, 2010 to be recognized for his achievement and service.
Attachment
cc: Dan Nagle
Chief Adolfo Gonzales
Sergeant Graham Young
Dionisia Trejo — Mayor/Council Office
Josie Flores -Clark — Confidential Assistance
Human Resources — Office File
SS:Igr
Performance Recognition Program (2)
Human Resources Department
140 E. 12th Street, Suite A, National City, CA 91950-3312
619/336-4300 Fax 619/336-4303 www.nationalcityca.gov
City of National City
Performance Recognition Award
Nomination Form
I nominate Corporal Dan Nagle
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.
On May 19, 2010 Leonard Scroggins, a dangerous parolee at large, a sex registrant and sexual
predator robbed a lone female then attempted to kidnap a separate thirteen year old female at
knifepoint within a two hour period in National City.
Unbeknownst to officers who responded to the victim's locations, Scroggins had committed
similar crimes in surrounding jurisdictions. With the help from observant victims, the
National City Police Department's Patrol and Investigations Divisions were able to identify
who Scroggins was and the type of vehicle he was driving. Each Patrol Squad that was being
deployed into the field that evening was briefed of the threat Scroggins posed to the community
for as long as he was not in custody.
The urgency of all officers, investigators and dispatchers involved in the investigation was
palatable. With local murders of teenagers Amber Dubois and Chelsea King fresh in
everyone's mind, all personnel involved were keenly focused and furiously working on finding
Scroggins before he could attack again.
Later that evening, Corporal Dan Nagle had a suspicion that Scroggins was still in the City
around the area where he committed his previous crimes. Corporal Nagle positioned himself
in a prime location to monitor traffic flow. Corporal Nagle's intuitiveness paid off and
Scroggins' vehicle was observed driving in the area where he earlier committed his crimes. A
short pursuit ensued and with the assistance of other officers, Corporal Nagle apprehended
Scroggins.
The entire investigation highlights the tremendous teamwork, commitment, dedication and
professionalism of all personnel involved. Corporal Nagle is being recognized as one of the
key members of this outstanding team that saw this investigation through and placed a violent
predatory offender behind bars.
FORWARD COMPLETED NOMINATION TO:
National City Performance Recognition Program
Human Resources Department
Nominated by: Sergeant Graham Young July 6, 2010
ITEM #3
7/20/10
The Positive Place For Kids
BOYS & GIRLS CLUBS
OF GREATER SAN DIEGO
REPORT
TO THE
CITY OF NATIONAL CITY
July 2010
BACKGROUND
On January 1, 2009, the Boys & Girls Club of National City merged with the Boys & Girls Clubs of
Greater San Diego. The National City organization became the National City Branch of the
Greater San Diego organization. At the time of the merger, the Greater San Diego organization
prepared and submitted to the City of National City a business plan for the National City
Branch. This document reports the accomplishments of the branch over the 18 month period
of January 1, 2009 through June 30, 2010.
MEMBERSHIP & ATTENDANCE
As of January 2009, the National City Branch had a paid membership of 729, its average daily
attendance during the school year was 73 and its average daily attendance during the summer
was 96. As of June 2010, the National City Branch paid members was 769, its average daily
attendance during the school year was 139 and its average daily attendance during the summer
was 136. It should be noted that students from National City Alternative Academy were
required to become members prior to the merger. This past year 40 students from the
academy, who attended classes at the Boys & Girls Club, were not required and did not register
as members.
STAFF
Immediately prior to the merger, management of the Greater San Diego organization
interviewed all staff from the National City organization interested in continuing to work at the
branch. Of the 22 employees, who were interviewed, 17 were hired. New management was
brought in from outside the branch including site supervisor, Connie Alvarez, who previously
served as site supervisor of the Encanto Branch, and director of professional development,
Theresa Davis, who had prior management experience with several Boys & Girls Club
organizations.
PROGRAM CURRICULUM & STAFF TRAINING
The Club developed and introduced a new program curriculum, called Standardized Training
Engaging Programs Unlimited Possibilities (S.T.E.P. U.P.), in September 2009. S.T.E.P. U.P.
consists of field-tested activities for each activity area. Activity areas include:
- The Arts
- Sports, Fitness & Recreation
Education
Character & Leadership Development
- Health & Life Skills
Each month the staff working in each activity area attended trainings at which they were
introduced to the new curriculum for the upcoming month. Staff also participated in CPR/First
Aid Training and two off -site, full day all staff training events.
Over 80% of our members are first generation English speakers, many with parents who are not
capable of helping their children with homework, especially with basic reading skills. To help
these children, the Club enhanced its academic enrichment activities with a mandatory Power
Hour (homework time) each day after school. Students were required to either do their
homework or work on educational enrichment activities if their homework is completed. Other
educational enrichment activities offered by the Club included Reading Club and Spelling Bees.
Staff received much positive feedback from parents that these programs helped their children
improve their school performance.
In response to requests by parents, the Club expanded its services to accommodate
kindergarten -age students. The new program, called Club K, provided affordable afterschool
care and age -appropriate activities for approximately 12 children each day.
Thanks to a grant from the U.S. Department of Agriculture, the Club offered free summer lunch
and afterschool snacks. The number of meals and snacks that were served increased and the
quality of the food served improved due to a collaboration with the San Diego Unified School
District.
Members participated in Healthy Habits, a curriculum that teaches young people the skills to
take care of their physical health, their nutrition and their self-esteem needs. Members also
participated in the national resistance training program, SMART Moves.
2
Teenage members participated in Keystone Club, a leadership development program. These
members raised funds by wrapping gifts at Westfield Mission Valley to fund a trip to the Pacific
Regional Keystone Conference in San Francisco.
FACILITIES
In June 2009, 200 community members came together to install a new Kaboom playground at
the National City Branch. Home Depot, the U.S. Navy, local service clubs and other local
businesses donated time, products and funding to make the dream of a new playground a
reality. It has become the most popular place for younger members to play.
In May 2010, over 40 members of the Notre Dame Club of San Diego performed a work project
at the National City Branch that resulted in a newly painted gymnasium.
MARKETING & COMMUNICATIONS
The National City Branch was featured prominently in the Club's internal and external
communications. Internal communications included a front page story in the Summer 2009
issue of the Club's Connections newsletter, which was devoted to the Kaboom playground
build. The National City Branch was referenced seven times in the Club's annual report. The
branch has its own page on the Club's web site and has program brochures personalized for
National City.
External communications included coverage by a variety of print and electronic media
including: KUSI, NBC 7/39, T33, Univision, 10 News, Sintesis TV, Fox 5, Z90 FM, Cox
Communications, the San Diego Union Tribune and The Star News.
CORPORATE & COMMUNITY PARTNERSHIPS
The National City Branch has embraced partnerships with a variety of businesses and
community groups to support its programs. These include:
3
- Disney Store — Plaza Bonita
JC Penney — Plaza Bonita
- Oasis Active Generations Program
- Integrity Charter School
- Circle K
- UCSD
- Kimberlee's Bikes for Kids
- James Ray International
FUNDING/BUDGET
One of the greatest concerns at the time of the merger was the ability of the National City
community to provide sufficient financial resources to continue operation of the National City
Branch. When the merger was executed, the National City Branch had 15 days of operating
funds in hand. Were it not for the generous support of the City of National City by way of
significant grants from the general fund and Community Development Block Grant Fund
(CDBG), the branch would surely have closed.
With management provided by Greater San Diego, the National City Branch was able to cut
expenses and drive revenues to achieve a balanced operating budget in Fiscal Year 2009/2010
(see attachment). This was achieved with much reduced support from the City of National City
in comparison to the prior year. This budget was augmented with new grants from the Office
of Justice Prevention, ARRA (stimulus grant) and the Ford Motor Company.
The sluggish economy is impacting all governmental and non-profit organizations.
Acknowledging that several funding sources are not renewable, management has crafted a plan
to generate more funding from charitable contributions by assembling a more aggressive
fundraising team. This effort should show significant results over a five year period (see
attachment).
CURRENT PROJECTS
The Boys & Girls Club is currently conducting a study to determine the feasibility of a Boys &
Girls Club satellite facility on the east side of National City. This study, which will be conducted
by an outside contractor, is funded by a small CDBG grant and should be finished prior to the
end of 2010.
4
CURRENT NEEDS
The greatest need of the National City Branch is a long term lease of the property located at
Kimball Park. The lease has been month -to -month since the merger in January 2009. The lack
of a long term lease discourages investment in the facility by some donors and precludes the
Club from applying for and securing some grants.
For more information contact:
Danny Sherlock
President & CEO
Boys & Girls Clubs of Greater San Diego
115 West Woodward Avenue
Escondido, CA 92025
760-746-3315
dsherlock@sdyouth.org
5
Boys Girls Clubs of Greater San Diego
Five Year Projection of Revenues and Expenditures
FY09/10 through FY13/14
National City Branch
Projected Projected Projected Projected Projected 2010/11
FY 2009/10 FY 2010/11 FY 2011/12 FY 2012/13 FY 2013/14 Notes
Revenue
Contributions/Special Events 143,000 136,000 152,000 207,000 250,000
Federal/State/Foundation Grants 109,750 100,500 110,000 96,000 96,000 OJP gone - ARRA only
City of National City Grants 60,000 60,000 50,000 40,000 -
Program Revenue 52,000 61,000 67,000 76,000 88,000
Other/Rent/Investment Income 67,000 68,500 74,000 81,000 90,000
Total Revenue 431,750 426,000 453,000 500,000 524,000
Expenditures
Salaries/Benefits/Payroll Expense 204,000 219,800 237,400 249,300 261,900
Admissions 7,200 11,000 11,600 12,200 12,900
Conferences/Dues/Misc 4,300 10,600 11,200 11,900 12,600
Insurance 8,700 9,600 10,100 10,700 11,300
Nutrition 20,000 20,000 21,000 22,100 23,300
Occupancy 90,000 82,000 86,100 90,500 95,100 Utility savings and no $5K for gym painting
Program Supplies/Printing/Services 17,000 21,800 23,000 24,300 25,600
Telecommunications 4,000 4,000 4,200 4,500 4,800
Transportation 4,000 5,525 5,900 6,200 6,600
Administrative Overhead (10%) 35,920 38,433 41,050 43,170 45,410
Total Expenditures 395,120 422,758 451,550 474,870 499,510
Net Revenue Over Expenditures
36,630 3,243 1,450 25,130 24,490
Notes:
1) Includes $27,000 donated service for City lease.
2) Does not include depreciation nor capital/equipment improvements.
3) Does not include administrative or marketing expenses.
6
National City Budget.xis 7/13/2010
Current Projects
• $13,000 feasibility study to research need
for additional club location
Current Needs
• Long-term lease
GREAT LIVES START RE
BE GREAT.
Increased Corporate &
Community Partnerships
Oasis Active Generations Program
Stabilized Operational Funds &
Reduced Dependence on
City of National City Grants
January 2009
Had 15 days of
operating funds
Received $240,000 from
City of National City
June 30, 2010
Revenue is $36,000
more than expenses
Received $60,000 from
City of National City
GREAT LIVES START HE
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GREAT LIVES START R
Facilities Improvements
• June 25, 2009
Kaboom
Playground
installed
• May 2010
Notre Dame Club
painted the gym
GREAT LIVES START HE
Increased Awareness
Marketing and Awareness
Includes:
Internal and External
Communications
GREAT LIVES START HE
to
New Leadership
Theresa Davis
Director of
Professional Development
Connie Alvarez
National City Branch
Site Supervisor
GREAT LIVES START
Improved Program Curriculum &
Staff Training
• S.T.E.P. Up! monthly training for
staff with area specific curriculum
Increased Program offerings
Homework Power Hour
— Reading Club
Spelling Bees
Club K
— Summer Lunch & Afternoon Snack
— Healthy Habits
— SMART Moves
- Keystone Club
I/
January and November
All -Staff Trainings
GREAT LIVES START H)
INSPIRING A GENERATION TO
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National City Branch
January 2009
Membership 729
Daily attendance 73
Summer attendance 96
June 30, 2010
Membership 769
Daily attendance 139
Summer attendance 136
GREAT LIVES START
ITEM #4
7/20/10
PRESENTATION - US CENSUS
ITEM #5
7/20/10
APPROVAL OF THE MINUTES OF THE ADJOURNED
REGULAR CITY COUNCIL/COMMUNITY
DEVELOPMENT COMMISSION MEETING OF JUNE 22,
2010 AND THE REGULAR CITY
COUNCIL/COMMUNITY DEVELOPMENT
COMMISSION MEETING OF JULY 6, 2010.
(CITY CLERK)
City of National City
Office of the City Clerk
1243 National City Boulevard, National City, CA 91950-4397
Michael R. Della, CMC - City Clerk
(619) 336-4228 Fax: (619) 336-4229
To: Honorable Mayor and Council
From: Michael R. Dalla, City Clerk
Subject: Ordinance Introduction and Adoption
ITEM #6
It is recommended that the City Council approve the following motion as part of
the Consent Calendar:
"That the City Council waive reading of the text of all
Ordinances considered at this meeting and provide that such
Ordinances shall be introduced and/or adopted after a
reading of only the title."
® Recycled Paper
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: July 20, 2010
AGENDA ITEM NO. 7
EM TITLE:
Resolution of the City Council of National City approving an amendment increasing the not -to -exceed
amount from $200,000 to $240,000 for the on -call agreement between the City and Wade & Associates to
provide construction inspections and project management services for various Capital Improvement
Projects (Funded by CIP Projects)
PREPARED BY: Barby Tipton
PHONE: 336-4583
EXPLANATION:
See attached
DEPARTMENT: Devel
APPROVED B
rvices/Eng.
FINANCIAL STATEMENT:
ACCOUNT NO.
APPROVED:
APPROVED:
All costs are budgeted thru various Capital Improvement Projects.
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
inance
MIS
STAFF RECOMMENDATION:
Staff recommends that the not -to -exceed amount be increase by $40,000.
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
1. Amendment #1 — Wade & Associates (2 copies)
2. Resolution
The Engineering Division of Development Services solicited Request for
Proposals (RFP) from professional Engineering firms to provide general
engineering, construction inspections and project management for various
Capital Improvement Projects for fiscal year 2009-2010. Eleven firms responded
and the City entered into agreements with 2 firms; Wade & Associates and
Project Partners. The agreements will expire in October 2010. A 3`d vendor, City
of Chula Vista, was also selected, however the terms of the agreement were not
finalized and the $200,000 set aside for this vendor was not used.
As projects reached the stages were services were needed, supplements to the
agreements were processed to account for actual amounts for each project for
the Fiscal Year 2009-2010, using up to the limit authorized by council. These
funds have been exhausted and additional funds are now needed to provide
Project/Construction Management and inspections for our Capital Improvement
Projects.
Staff recommends that the not -to -exceed amount be increase by $40,000 to
provide as -needed services for various Capital Improvement Projects.
RESOLUTION NO. 2010 —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT WITH
WADE & ASSOCIATES INCREASING THE NOT -TO -EXCEED AMOUNT
OF THE AGREEMENT FROM $200,000 TO $240,000 TO PROVIDE
ON -CALL CONSTRUCTION INSPECTIONS AND PROJECT MANAGEMENT
SERVICES FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS
WHEREAS, on October 6, 2009, the City Council adopted Resolution No. 2009-
237 authorizing the Mayor to execute an Agreement with Wade & Associates for a one-year
period to provide on -call Professional Engineering Financing, Surveying, Project/Construction
Management and Inspection Services for various capital improvement projects for the not -to -
exceed amount of $200,000; and
WHEREAS, the parties desire to increase the compensation of the Agreement
from $200,000 to $240,000, due to the on -going need for further construction inspections and
project management services for various capital improvement projects.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute an Amendment to Agreement with Wade
& Associates to increase the compensation amount of the Agreement from $200,000 to $240,00
to provided on -call construction inspections and project management services for various capital
improvement projects. Said Amendment to Agreement is on file in the office of the City Clerk.
PASSED and ADOPTED this 20th day of July, 2010.
Ron Morrison, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
Claudia G. Silva
Acting City Attorney
AMENDMENT TO AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
WADE & ASSOCIATES
This Amendment to Agreement is entered into this 29TH June of 2010 by and between
the City of National City, a municipal corporation ("CITY"), and Wade & Associates (the
"CONSULTANT").
RECITALS
The CITY and the CONSULTANT entered into an agreement on October 6,
2009 ("the Agreement"), wherein the CONSULTANT agreed to provide civil
engineering design services, construction inspections and project management
for various Capital Improvement Projects.
B. The parties desire to amend the Agreement to increase the not -to -exceed limit
by $40,000.
NOW, THEREFORE, the parties hereto agree that the Agreement entered into on
October 6, 2009, through the adoption of National City City Council Resolution No. 2009-237
shall be amended by increasing the not -to -exceed limit by $40,000.
The parties further agree that with the foregoing exception, each and every term and
provision of the Agreement dated October 6, 2009, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first above written.
CITY OF NATIONAL CITY
Wade & Associates
(Corporation — .signatures of two corporate officers)
(Partnership — one signature)
(Sole proprietorship — one si
By: B
Ron Morrison, Mayor
(Print)
rc1� 2
ture)
APPROVED AS TO FORM: (Title)
Claudia G. Silva, Esq.
Acting City Attorney
By:
(Name)
(Print)
(Title)
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: July 20, 2010
AGENDA ITEM NO. s
'EM TITLE:
Resolution of the City Council of the City of National City authorizing the Mayor to execute an agreement
with RBF Consulting for a not to exceed amount of $146,863 to provide Civil Engineering Services for
construction of traffic safety enhancements on E. 8th Street from J Avenue to Palm Avenue, facilitated by a
$900,000 Federal HSIP grant (funded by Prop A and City General Fund — grant matches)
PREPARED BY: Stephen Manganiello, Traffic EngineerVt DEPARTMENT: Dave
PHONE: 619-336-4382 APPROVED B
EXPLANATION:
See attached.
ervices/Eng.
FINANCIAL STATEMENT:
ACCOUNT NO.
001-409-500-598-6165: $120,000
307-409-500-598-6558: $26,863
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
AP ROVED:? Finance
APPROVED: MIS
STAFF RECOMMENDATION:
Adopt the Resolution.
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
Explanation
2. Resolution
3. Agreement
Explanation
In 2009 Caltrans approved a $900,000 Federal Highway Safety Improvement
Program (HSIP) grant for traffic safety enhancements on E. 8`h Street between J
Avenue and Palm Ave. This was the maximum amount eligible for the grant,
which will be applied towards construction costs. Required matching funds
include $200,000 in Prop A for traffic signal upgrades and $130,000 from the City
General Fund for project management, design, engineering and public outreach.
The project includes the following traffic safety enhancements, within the public
right of way, to calm traffic, reduce collisions and improve access for both
vehicles and pedestrians:
1) Reduce travel lanes from four lanes to three lanes (two eastbound and one
westbound) to:
a. Construct left -turn pockets at intersections and key commercial
driveways to reduce rear -end and left -turn vs. opposing thru traffic
collisions;
b. Construct landscaped islands mid -block to calm traffic and beautify
the corridor;
c. Install corner bulb -outs at key intersections to calm traffic and
reduce pedestrian crossing distances; and
d. Preserve on -street parking;
2) Install left -turn pockets and a traffic signal at M Avenue to reduce rear -end
and left -turn vs. opposing thru traffic collisions, and provide positive protection
for pedestrians at the school crossing; and
3) Construct retaining walls for slope stabilization between K Avenue and L
Avenue to improve pedestrian safety and access by preventing soil from
washing over the sidewalk.
On February 4, 2010 City Engineering publicly advertised a Request for
Qualifications (posted request in area newspapers, engineering journals and on
the City's website) for Civil Engineering services for final design, preparation of
plans, specifications and estimates, and public outreach for the project.
On March 11, 2010 City Engineering received Statements of Qualifications from
11 consultant teams. A four -member review panel consisting of staff from
Development Services and Redevelopment evaluated the submittals based on
qualifications. Based on the results of the preliminary evaluations, four consultant
teams were selected for interviews. Following the interviews, RBF Consulting
was unanimously selected as the "most qualified" firm for the job and was asked
to submit a detailed scope of work and cost estimate.
RBF Consulting's cost proposal is $146,863 per the attached scope of work and
fee schedule. The timeframe to complete these services in preparation for
construction is estimated at 10 months from Notice to Proceed.
RESOLUTION NO. 2010 —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH
RBF CONSULTING FOR A NOT -TO -EXCEED AMOUNT OF $146,863
TO PROVIDE CIVIL ENGINEERING SERVICES FOR THE CONSTRUCTION
OF TRAFFIC SAFETY ENHANCEMENTS ON EAST 8TH STREET FROM
J AVENUE TO PALM AVENUE, FACILITATED BY A $900,000
FEDERAL HIGHWAY SAFETY IMPROVEMENT PROGRAM GRANT
WHEREAS, in 2009, Caltrans approved a $900,000 Federal Highway Safety
Improvement (HSIP) grant for the construction of traffic safety enhancements on East 8th Street
between J Avenue and Palm Avenue (Project); and
WHEREAS, matching funds in the amount of $200,000 will be used from
Proposition A funds for traffic signal upgrades, and $130,000 from the City's General Fund will
be applied to project management, design, engineering, and public outreach; and
WHEREAS, the Project includes traffic safety enhancements within the public
right-of-way to calm traffic, reduce collisions, and improve access for both vehicles and
pedestrians; and
WHEREAS, the City of National City desires to employ a consultant to provide
civil engineering services for said Project; and
WHEREAS, it has been determined that RBF Consulting is qualified by
experience and ability to perform the services desired by the City, and is willing to perform such
services for the not -to -exceed amount of $146,863.
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 RBF Consulting in the not -to -exceed amount of $146,863 to provide civil
engineering services for the construction of traffic safety enhancements on East 8th Street from
J Avenue to Palm Avenue. Said Agreement is on file in the office of the City Clerk.
PASSED and ADOPTED this 20th day of July, 2010.
Ron Morrison, Mayor
ATTEST:
Michael R. Daila, City Clerk
APPROVED AS TO FORM:
Claudia G. Silva
Acting City Attorney
AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
RBF CONSULTING
THIS AGREEMENT is entered into this 20th day of July, 2010, by and between
the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and RBF CONSULTING,
a Corporation (the "CONSULTANT").
RECITALS
WHEREAS, the CITY desires to employ a CONSULTANT to provide Civil
Engineering Services for the National City 8m Street Safety Enhancements (J Avenue to Palm
Avenue) Project.
WHEREAS, the CITY has determined that the CONSULTANT is a Civil
Engineering firm and is qualified by experience and ability to perform the services desired by
the CITY, and the CONSULTANT is willing to perform such services.
FOLLOWS:
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
reduce or increase the Scope of Services
Agreement. Upon doing so, the CITY and
confer for the purpose of negotiating
compensation associated with said change
base amount.
request from the CONSULTANT, from time to time
to be performed by the CONSULTANT under this
the CONSULTANT agree to meet in good faith and
a corresponding reduction or increase in the
in services, not to exceed a factor of 10% from the
3. PROJECT COORDINATION AND SUPERVISION.
Stephen Manganielio, Traffic Engineer hereby is designated as the Project
Coordinator for the CITY and will monitor the progress and execution of this Agreement. The
CONSULTANT shall assign a single Project Director to provide supervision and have overall
1
responsibility for the progress and execution of this Agreement for the CONSULTANT. Tim
Thiele, P.E. 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 the schedule given in Exhibit
"A" (the Base amount) without prior written authorization from the City Engineer. Monthly
invoices will be processed for payment and remitted within thirty (30) days from receipt of
invoice, provided that work is accomplished consistent with Exhibit "A"as determined by the
CITY.
The CONSULTANT shall maintain all books, documents, papers, employee time
sheets, accounting records, and other evidence pertaining to costs incurred and shall make
such 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".
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.
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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 CONSULTANTs employees, and it is recognized by the parties that a substantial
inducement to the CITY for entering into this Agreement was, and is, the professional
reputation and competence of the CONSULTANT and its employees. Neither this Agreement
nor any interest herein may be assigned by the CONSULTANT without the prior written consent
of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from
employing or hiring as many employees, or subCONSULTANTs, as the CONSULTANT may
deem necessary for the proper and efficient performance of this Agreement. All agreements by
CONSULTANT with its subCONSULTANT(s) shall require the subCONSULTANT(s) to adhere
to the applicable terms of this Agreement.
9. CONTROL. Neither the CITY nor its officers, agents or employees shall
have any control over the conduct of the CONSULTANT or any of the CONSULTANT's
employees except as herein set forth, and the CONSULTANT expressly agrees not to
represent that the CONSULTANT or the CONSULTANT's agents, servants, or employees are
in any manner agents, servants or employees of the CITY, it being understood that the
CONSULTANT, its agents, servants, and employees are as to the CITY wholly independent
CONSULTANTs and that the CONSULTANT's obligations to the CITY are solely such as are
prescribed by this Agreement.
10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the
performance of the services to be provided herein, shall comply with all applicable State and
Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City
of National City, whether now in force or subsequently enacted. The CONSULTANT, and each
of its subCONSULTANTs, shall obtain and maintain a current City of National City business
license prior to and during performance of any work pursuant to this Agreement.
11. LICENSES, PERMITS, ETC. The CONSULTANT represents and
covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that
are legally required to practice its profession. The CONSULTANT represents and covenants
that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the
term of this Agreement, any license, permit, or approval which is legally required for the
CONSULTANT to practice its profession.
12. STANDARD OF CARE.
A. The CONSULTANT, in performing any services under this
Agreement, shall perform in a manner consistent with that level of care and skill ordinarily
exercised by members of the CONSULTANT's trade or profession currently practicing under
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City's Standard Agreement — June 2008 revision
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
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.
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City's Standard Agreement — June 2008 revision
The CONSULTANT shall be liable to CITY for any damages caused by breach of
this condition, pursuant to the provisions of Section 14.
15. INDEMNIFICATION AND HOLD HARMLESS.
The CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City,
its officers and employees, against and from any and all liability, loss, damages to property,
injuries to, or death of any person or persons, and all claims, demands, suits, actions,
proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including
workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the
CONSULTANT's negligent performance of this Agreement.
16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all
of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of
California, the applicable provisions of Division 4 and 5 of the California Government Code and
all amendments Thereto; and all similar state or Federal acts or laws applicable; and shall
indemnify, and hold harmless the CITY and its officers, and employees from and against all
claims, demands, payments, suits, actions, proceedings and judgments of every nature and
description, including reasonable attorney's fees and defense costs presented, brought or
recovered against the CITY or its officers, employees, or volunteers, for or on account of any
liability under any of said acts which may be incurred by reason of any work to be performed by
the CONSULTANT under this Agreement.
17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall
purchase and maintain, and shall require its subCONSULTANTs, when applicable, to purchase
and maintain throughout the term of this agreement, the following insurance policies:
® A. If checked, Professional Liability Insurance (errors and omissions) with
minimum limits of $1,000,000 per occurrence.
B. Automobile insurance covering all bodily injury and property damage
incurred during the performance of this Agreement, with a minimum coverage of $1,000,000
combined single limit per accident. Such automobile insurance shall include owned, non -owned,
and hired vehicles ("any auto").
C. Commercial general liability insurance, with minimum limits of $1,000,000
per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising
out of its operations under this Agreement.
D. Workers' compensation insurance in an amount sufficient to meet
statutory requirements covering all of CONSULTANT's employees and employers' liability
insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be
endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided
prior to commencement of work under this Agreement. If CONSULTANT has no employees
subject to the California Workers' Compensation and Labor laws, CONSULTANT shall execute
a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CITY.
E. The aforesaid policies shall constitute primary insurance as to the CITY,
its officers, employees, and volunteers, so that any other policies held by the CITY shall not
contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior
written notice to the CITY of cancellation or material change.
F. Said policies, except for the professional liability and workers'
compensation policies, shall name the CITY and its officers, agents and employees as
additional insureds, and separate additional insured endorsements shall be provided.
G. If required insurance coverage is provided on a "claims made" rather than
"occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years
5
City's Standard 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_
L 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 GITY's Risk Manager. If the CONSULTANT does not keep all of such insurance policies in
full force and effect at all times during the terms of this Agreement, the CITY may elect to treat
the failure to maintain the requisite insurance as a breach of this Agreement and terminate the
Agreement as provided herein.
K_ All deductibles and self -insured retentions in excess of $10,000 must be
disclosed to and approved by the CITY.
18. LEGAL FEES_ If any party brings a suit or action against the other party
arising from any breach of any of the covenants or agreements or any inaccuracies in any of
the representations and warranties on the part of the other party arising out of this Agreement,
then in that event, the prevailing party in such action or dispute, whether by final judgment or
out -of -court settlement, shall be entitled to have and recover of and from the other party all
costs and expenses of suit, including attorneys' fees.
For purposes of determining who is to be considered the prevailing party, it is
stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall
not be considered in determining the amount of the judgment or award. Attorney's fees 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 CONSULTANT_ During said 60-day period the CONSULTANT shall perform all
services in accordance with this Agreement_
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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
Engineering Department
City of National City
1243 National City Boulevard
National City, CA 91950-4301
Tim Thiele, P.E.
Senior Asociate, Project Manager
RBF Consulting
5050 Avenida Encinas, Suite 260
Carlsbad, CA 92008
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City's Standard Agreement — June 2008 revision
Notice of change of address shall be given by written notice in the manner
specified in this Section. Rejection or other refusal to accept or the inability to deliver because
of changed address of which no notice was given shall be deemed to constitute receipt of the
notice, demand, request or communication sent. Any notice, request, demand, direction or
other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within
forty-eight (48) hours by letter mailed or delivered as specified in this Section.
22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform
services of any kind for any person or entity whose interests conflict in any way with those of
the City of National City. The CONSULTANT also agrees not to specify any product, treatment,
process or material for the project in which the CONSULTANT has a material financial interest,
either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at
all times comply with the terms of the Political Reform Act and the National City Conflict of
Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official
position to influence in any way any matter coming before the CITY in which the CONSULTANT
has a financial interest as defined in Government Code Section 87103. The CONSULTANT
represents that it has no knowledge of any financial interests that would require it to disqualify
itself from any matter on which it might perform services for the CITY.
❑ If checked, the CONSULTANT shall comply with all of the reporting
requirements of the Political Reform Act and the National City Conflict of Interest Code.
Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk
of the City of National City in a timely manner on forms which the CONSULTANT shall obtain
from the City Clerk.
The CONSULTANT shall be strictly liable to the CITY for all damages, costs or
expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the
CONSULTANT.
23. MISCELLANEOUS PROVISIONS.
A. Computation of Time Periods. If any date or time period provided for in
this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such
date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a
Saturday, Sunday or federal, state or legal holiday.
B. Counterparts. This Agreement may be executed in multiple counterparts,
each of which shall be deemed an original, but all of which, together, shall constitute but one
and the same instrument.
C. Captions. Any captions to, or headings of, the sections or subsections of
this Agreement are solely for the convenience of the parties hereto, are not a part of this
Agreement, and shall not be used for the interpretation or determination of the validity of this
Agreement or any provision hereof.
D. No Obligations to Third Parties. Except as otherwise expressly provided
herein, the execution and delivery of this Agreement shall not be deemed to confer any rights
upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto.
E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are
hereby incorporated herein by this reference for all purposes.
F. Amendment to this Agreement_ The terms of this Agreement may not be
modified or amended except by an instrument in writing executed by each of the parties hereto.
8
8
City's Standard Agreement —June 2008 revision
G. Waiver. The waiver or failure to enforce any provision of this Agreement
shall not operate as a waiver of any future breach of any such provision or any other provision
hereof.
H. Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
I. Entire Agreement. This Agreement supersedes any prior agreements,
negotiations and communications, oral or written, and contains the entire agreement between
the parties as to the subject matter hereof. No subsequent agreement, representation, or
promise made by either party hereto, or by or to an employee, officer, agent or representative
of any party hereto shall be of any effect unless it is in writing and executed by the party to be
bound thereby.
J. Successors and Assigns. This Agreement shall be binding upon and
shall inure to the benefit of the successors and assigns of the parties hereto.
K. Construction. The parties acknowledge and agree that (i) each party is of
equal bargaining strength, (ii) each party has actively participated in the drafting, preparation
and negotiation of this Agreement, (iii) each such party has consulted with or has had the
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 RBF CONSULTING
By: By: ��✓�`��� , !/r- `
Ron Morrison, Mayor Richard A. Ruben
Executive Vice President
APPROVED AS TO FORM:
au is i va, sq.
Acting City Attorney
9
By: ► ) r r
Dougi r J. Frost
Execu e Vice President & CFO
9
City's Standard Agreement - June 2008 revision
RBF Consulting
Contract Agreement for Job Number 55-100683.999
ATTACHMENT "A"
RBF Consulting
Scope of Services
Page 1 of 6
June 17, 2010
Task 1 — Project Management and Coordination
Project team meetings will be held on an as -needed basis at National City offices. The
RBF Team will provide a schedule of weekly meetings at the project kick-off meeting.
The RBF Team will be responsible for notifying key project team members and
scheduling meetings and conference calls. In advance of the scheduled meetings, the
RBF will distribute agendas, meeting minutes, progress reports, schedule updates and
action items. To keep the project on track, RBF will maintain a decision and action item
list that will be reviewed at the beginning of each team meeting.
The RBF project manager will coordinate regularly with the City's project manager on
schedule and budget updates. Issues and decisions that will affect the budget will be
discussed prior to the monthly billings or as the need arises. Information regarding
schedule updates will be distributed to the project team via email prior to each of the
scheduled Project Team Meetings.
Task 2 — Existing Conditions Documentation
RBF shall develop a comprehensive understanding of the physical and mobility
conditions along 8th Street from J Avenue to Palm Avenue.
2.1 Field Investigation
RBF will conduct a thorough field investigation for the roadway conditions,
pedestrian access and facilities, traffic operations, bicycle uses and transit
routes. RBF will conduct utility research to obtain records for storm drain, sewer,
water, gas, electric, telephone, and cable television. RBF will also obtain records
for existing streets and as -built plans provided by the City. In obtaining this
information, RBF will coordinate with the City of National City, County of San
Diego, Sweetwater Authority, SDG&E, AT&T, and Cox. Results of the field
investigation will be integrated into a CADD base map that will be used by the
project team to develop conceptual and final design plans.
2.2 Traffic Engineering Data Collection and Field Review
RBF will request from National City staff, the as -built traffic signing and striping
plans for 8th Street from J Avenue to Palm Avenue. The plans will be field
reviewed to confirm all existing conditions. Included in the field review will be
verification of existing geometry, existing signing and striping, possible location of
new traffic signal equipment, and any potential utility conflicts.
RBF Consulting will coordinate with SDG&E regarding the potential relocation of
any existing service points and/or the establishment of the new service for the
proposed traffic signal at 8th Street and L Avenue or M Avenue.
National City will provide ADT's and turning movement volumes for the corridor.
Task 3 — Ca!trans (DLEA) Funding Applications (Federal Authorization)
RBF will prepare documentation on behalf of the City for processing by the City to obtain
Federal Authorization to advertise for bidding and construction. RBF plans to compile all
necessary forms in a binder that will be passed between the Consultant, the City, and
10
RBF Consulting
Contract Agreement for Job Number 55-100683.999
Page 2 of 6
June 17, 2010
Caltrans throughout the design process. This is necessary because different portions of
the forms must be completed at different stages of the design process.
Task 4 — Utility Coordination
PCG shall provide professional dry utility system (gas, electric, telephone, cable
television, fiber optic, and lighting) engineering, design, consulting, and coordination
services for utilities affected by construction. RBF and PGC will attend two (2)
coordination meetings with the utility companies. PCG's responsibilities include:
• Analyzing and assessing existing dry utility conditions;
• Preparing plans and other documents required to assist the client and design
team in understanding design and economic options;
• Preparing and submitting plans and other documents required by local utility
companies; and assisting in design team with the preparation of project reports.
Task 5 - Surveys and Mapping
RBF will conduct research with the County of San Diego to assemble existing right-of-
way plans and survey records. Record maps will be organized for retrieval purposes and
CADD calculations completed to identify record parcel limits and search locations for
controlling survey monuments. As part of this task, data will be collected to establish the
vertical location from as -built drawings of existing utilities along the corridor. A survey
crew may be utilized to obtain miscellaneous utility information such as invert elevations.
RBF will perform field surveys on 8t Street, between J Avenue and Palm Avenue, which
wilt include the following:
• Establish horizontal and vertical control using appropriate benchmarks.
• Obtain information for edge conditions at limits of work where new
improvements will meet existing.
• Obtain miscellaneous utility information such as invert elevations, pole
locations and locations of other surface facilities within the project footprint.
• Cross -sections at twenty-five foot intervals where new medians are proposed.
A potholing sub -consultant may be used as an optional task to identify the vertical
location of existing gas lines, dry utilities, sewer laterals, and water lines that may be
affected by the proposed improvements.
Task 6 - Geotechnical Investigation
6.1 Information Review
Allied Geotechnical (AGE) will review readily available information, including
preliminary project design information, published geologic literature and maps,
as -built utility maps, pertinent geotechnical reports prepared by others (if
available), and topographic maps.
6.2 Engineering Analysis and Report Preparation
AGE will analyze the field data, and prepare a written report to present a
summary of our findings, including our opinions and recommendations to
address surface slope stabilization from K Avenue to M Avenue.
11
RBF Consulting
Contract Agreement for Job Number 55-100683.999
Page 3 of 6
June 17, 2010
Task 7 - Environmental Documentation
The environmental services will include the preparation of the NEPA technical studies,
environmental project coordination, permits and necessary approvals. Details of the
work plan are as follows:
7.1 - Preliminary Environmental Study (PES)
In accordance with current Caltrans Guidelines, RBF will prepare a PES for the
project in support of the engineering and design services to be provided by the
consultant project engineer. RBF will meet with City staff, the consultant project
engineer, and Caltrans to define the project description and schedule and to
develop a mutual understanding of the issues and impacts of the project. During
this task, RBF will review existing information and participate in a field review of
the project site with the consultant project engineer, the City, and Caltrans. RBF
will prepare a draft PES form (using the standard Caltrans form) prior to the site
meeting with the consultant project engineer, the City, and Caltrans. The draft
PES will be reviewed and revised, if necessary, per discussions at the field
meeting. Then, the PES will be submitted to Caltrans for signature and
distribution to the project team. RBF's technical staff will attend one field meeting
(site visit) as required by Caltrans to discuss possible environmental issues with
staff.
7.2 - NEPA Environmental Documentation
Based upon the RBF team's current project understanding, review of available
project information and a visit to the project site, the following technical approach
shall be completed following standard City, FHWA, and Caltrans environmental
procedures.
RBF will manage project duties for the environmental review component and will
provide a suite of disciplines to effectively coordinate and communicate, leading
to project approval. Within this task, RBF will do the following:
1. Prepare and maintain the environmental quality control plan
2. Prepare monthly project documentation and invoicing
3. Prepare and maintain the project schedule for environmental approval
RBF environmental staff will prepare for and attend monthly Project Team
meetings with the City of National City and Caltrans regarding environmental
processing of documents, resolution of issues and strategy development.
RBF will coordinate with appropriate agencies through an agency scoping
meeting and direct contact. Concerns and issues expressed by agency
representatives will be documented in a database to ensure that expressed
concems are recorded, communicated to the full Project Team, and addressed.
The following agencies are likely to be among those included in the coordination
effort: City of National City, Caltrans, San Diego Air Pollution Control District
(SDAPCD), and the Regional Water Quality Control Board (RWQCB).
12
RBF Consulting
Contract Agreement for Job Number 55-100683.999
Page 4 of 6
June 17, 2010
Technical Considerations and Studies
7.2.1 - Traffic — RBF Traffic Engineer will analyze one altemative for the
project, the three lane altemative for the corridor provided by the City on
June 9, 2010.
RBF also will evaluate traffic related impacts associated with potential
traffic control plans that affect roadway segment or intersection capacity.
A traffic memorandum will be developed to summarize the findings from
the traffic review. If mitigation measures are needed to offset the impacts,
the traffic technical memorandum will identify potential alternatives to
managing traffic during construction to minimize impacts.
7.2.2 - Air Quality - RBF will conduct an air quality analysis to satisfy
NEPA, state and federal environmental requirements, and conformity
provisions of the Clean Air Act Amendments (CAAA)_ The Air Quality
Report shall be prepared in accordance with the latest following
protocols/guidelines: Caltrans Transportation Project -Level Carbon
Monoxide Protocol, FHWA/EPA Transportation Conformity Guidance for
Qualitative Hot -spot Analysis in PM2.5 and PM10 Nonattainment and
Maintenance Areas, FHWA Interim Guidance on Air Toxic Analysis in
NEPA Documents, and Caltrans' policy on greenhouse gas emissions.
7.2.3 - Hazardous Materials / Initial Site Checklist - RBF will prepare
an Initial Site Checklist for the areas within the right-of-way for the
proposed 8th Street Safety Enhancement Project. The Checklist will be
prepared in accordance with the American Society for Testing and
Materials (ASTM) Standard Practice E 1527-05.
7.3 - Environmental Approval / Clearance
Draft Preliminary Environmental Evaluation - Working in consultation with
the relevant agencies, RBF will prepare a draft statement of NEPA
purpose and need, project description, and the Project Objectives. The
establishment of purpose and need along with the project description are
critical to the success of the project.
This scope of work is based upon a no -build and one -build altemative.
RBF will prepare the Categorical Exclusion (CE) per Caltrans and FHWA
guidelines; its format will be determined in discussions with the agencies.
Screencheck Draft Environmental Document - RBF will incorporate the
purpose and need/project description from prior task(s) and the technical
studies into the screencheck document. RBF will provide the
Screencheck CE to agencies for review and comment.
Preparation of Legal Documents - RBF will prepare the Record Public
and Agency Involvement, Responses to Comments, Mitigation Monitoring
Program/Environmental Commitments Record, and Final Administrative
Record.
13
RBF Consulting
Contract Agreement for Job Number 55-100683.999
Page 5 of 6
June 17, 2010
The final steps in the NEPA process are dependent on Caltrans/FHWA procedures and
any agreements with the cooperating agencies. The most likely outcome is the
preparation of a Categorical Exclusion. If it is determined that the project does not
qualify as a Categorical Exclusion, a revised scope and fee will be prepared.
Task 8 - Engineer's Opinion of Probable Cost
RBF will provide an engineer's cost estimate in Microsoft Excel spreadsheet format that
will include bid item description, bid unit, bid quantity, unit price, and total price for each
bid item. The spreadsheet item description will correspond with the Bid Schedule item
description to be used when advertising the project for construction bids.
Task 9 - Design Plans 30%, 60%, 90% and100%, Reports
9.1 Development of the 30% Conceptual Designs
The results of the existing conditions analysis and the review of existing reports
will be used to develop preliminary (30%) design plans. Existing grades, private
improvements, signing and striping, retaining wall options and utilities will be
considered in the development of the conceptual design plans.
9.2 Street Improvement Plans for 60%, 90% and 100%
Further refinement of the 30% street improvement plans will include existing
topographic and planimetric mapping, right-of-way lines, roadway centerlines,
and calculated geometric layouts. This task includes evaluation of tuming
movements using the AutoTum program to analyze vehicles. Improvement plans
will indicate all proposed surface improvements including, but not limited to curb,
gutter, retaining walls, sidewalks, pavement, utility relocations, ADA compliant
curb returns and grading.
The plans will be prepared at a scale of one inch equals twenty feet (1 "=20') with
accompanying profiles_ Plan sheets will include Title Sheet, Index Map, Typical
Cross Section Sheet (with all existing and proposed utilities shown for the
widening area), Construction Details Sheet, Demolition and Rough Grading
Plans, Street Improvement Plan and Profile Sheets, Signal Plan and Signing &
Striping Plans.
RBF will prepare Design Cross Section Plans at appropriate stations. The cross
sections will show proposed street improvements superimposed with the existing
street sections. The design cross -sections will be submitted with the 60% and
final submittals_
RBF will perform earthwork calculations to determine grading cut/fill quantities.
Special attention will be paid to the proposed pavement sections and shrinkage
that will occur during compaction.
9.3 Landscape and Irrigation Plans
Garbini and Garbini will prepare landscape and irrigation plans to vegetate the
medians. Re -planting of disturbed properties on 8th Street between K Avenue
and L Avenue may also be necessary after surface slope stabilization.
14
RBF Consulting
Contract Agreement for Job Number 55-100683.999
Page 6 of 6
June 17, 2010
9.4 Traffic Signal, Signing & Striping Plans
RBF will prepare traffic signal, signing & striping plans for the proposed street
improvements within the project area. Traffic signal plans will be prepared at a
scale of one inch equals twenty feet (1"=20') and signing and striping plans will
be prepared at a scale of one inch equals forty feet (1"=40') and follow the
MUTCD and the San Diego Regional Standard Drawings. There is also the
opportunity to interconnect the new signal at L Avenue with the existing signal at
Palm Avenue to increase the efficiency of traffic flow along 8th Street.
9.5 Erosion Control Plans
The RBF Team shall prepare erosion control plans for temporary and permanent
erosion control for the project. The Erosion Control Plans shall be prepared in
accordance with the California State General Construction Permit Order No.
2009-0009-DWQ (Permit) even though a NOI and SWPPP are not anticipated.
Task 10 — Specifications
RBF will prepare construction specifications and a project bid schedule, using the City
"boilerplate" for the contract documents and general provisions. Specifications will be
prepared using the standard specifications for Public Works Construction ("Greenbook"),
with special provisions where required. Technical specifications will be prepared for
construction of each item of work in the Project. It is anticipated that all of the above
mentioned plans will be bid under one construction bid document.
Task 11 - Public Outreach
RBF shall conduct one (1) meeting with City staff to assist in the creation of a Public
Outreach Plan. The Public Outreach Plan will likely include Community Workshops.
RBF shall prepare and deliver a presentation at two (2) Community Workshops. RBF
shall also prepare exhibits, flyers, handouts, and questionnaires identified during the
development of the Public Participation Plan. A summary report of each Community
Workshop shall be prepared by RBF for City staff consideration. It is assumed that the
City will be responsible for reproduction and distribution of workshop flyers. Individual
meeting with property owners is also included in this task with an initial budget of 20
hours.
Task 18: Bid and Construction Support
RBF shall attend the one pre -bid and one pre -construction meetings. RBF shall prepare
a maximum of two (2) addendums needed during the bid phase of the project.
RBF shall review field design changes, Requests for Information (RFIs) and construction
issues as may arise during construction. RBF shall prepare any construction changes
necessary during the construction phase of the project. RBF will attend meetings and
perform field visits at the request of the City. This task will be billed on a time and
materials basis with an initial budget of 30 hours.
Task 19: As -Built Plans
RBF will revise the approved grading and improvement mylars for the project, based
upon field changes and revisions as provided by the Contractor's Field Superintendent
and approved by the City of National City. Plans shall be processed with the City to
obtain final site acceptance.
15
CI NB'U LTI N t3.
TASK
DESCRIPTION
PROJECT
MANAGER
3160 per hour
Hours
3
14.01010 1 PROJECT
MANAGER ENGINEER
3115 pernour 2141 per hour
Hours
Hour.
7
DESIGN
ENO:NEER
2115 per hour
Hours
2
ENVIRONMENTAL
MANAGER
3155 pernour
Noun
ENVIRONMENTAL
SPECIALISt
1120 per /our
Hour.
2,MAN
SURVEY CREW
3245 per now
T
SURVEY i MAP
TECHNICHIAN
Kau,.
SUBCONSULTANT
Is10%1
6 Hours
61'772010
JN'. 55100683
.01AL
2,0
2.1
22
3.0
4.0
Project Management CoOrcinellor
Eae:ng Conevione Dscumen1a11pn
Plato Inveatlga1lon
Trafllc Enniodn seg Dale Collection
altean5 Fundln0 AODIICa{Iona
Utility D00reinatlon
50
2
39 000
$380
53801
$540
Sr 400 r 14_ 32,030
1350
50
10
8
5580
31 450
5870
12
$484
3464
51,392
$620
12 11 440
5716
53 000
76
22
14
24
$12,050
32 e44
21,590
33 202
54,410
5.6
60
7.0
8.0
7.1
7.2
7.2.8
7.2.2
Surveys and Mapping
0e01eChnitel Inveel'06310n / S'Ope SIab5Lzg00n
Environmental Documenleoen
PPNGminary E11,0711710'tal Study
NEPA Env'ronmen1el Documentetwn
7ecnp('rcal Bluglw
Trekic
A,Ouolily Assoasment
7.2.3
Ya2&Ceus Mater191s • Inl/ial $119 COB31031
7.3 I EnvIvnmental Approval
Eng.neede Opnlon of Probable CCU
2180
2180
I, $160
2! 23e0
10
51.760
$175
40
41 $650 2a
2232
34 Bn0
$2,764
2
6
21,240
30- 23,600
3920 40 54 600•
53101 10 61,200
16 67.620
2930
9,0
9.2
9,2
9.4
9.5
Design Plane
305E Conceptual Daslgns
60%, 90% end 100% Skater Improvement Piens
Landscape ono' Mlp�ee{ion Piens
Irene Signal and Tle Int COMM( wens
Ems., Contra' Plans
61 21,440
e' 31t410
1 180
$160
5180
12700
6' 51 400
2322,570 39
28
3
$4,080 52
2230
52
$435 10
$4,080
$8.032
$454
_ 20,032
31,160
r
$1.960
a
911E
55 830
55.000
SUBTOTAL EWIRONMENTAL
ee749
2 $5,232
39 45,020
01
50
50 86,390
44
23
Ise
31
55,420
21,510
13,030
$21,310
23,899,
520,000
67
88
61
14
$9,100
$11,522
220.954
67.512
21,015
100
Speci110aeons
$1 440
$700
22
23190 18
32.2ea
82
57,4191
11,0
Puouc ;Admen 1 12
12.0
13C
End and Coneltucllon Support
As-Buelan t Ps
I i
22180
20
23,800' 12
51,740 30
53 460
14
210,880
5720
5180
$350'
$115
$3180
5880 24
$0
32 764
30
30
54 550
33 719
Relmbureeble Expense Allowance
121AL • TAL ENGINEERING
1002 lie 060
50
310890
183
$22,185' 311
136 076 24
53 720
108
512,960
1421,880
18
5r.552
333,820
786
58,000
6146,663
"'Nei 1"nlam•4rn4u qr..e pra..4,n rv4.0/1.u.1, 18.0.10 41
ACORD,. CERTIFICATE
OF LIABILITY INSURANCE
DATE(MM/00/YY)
6/28/2010
PRODUCER
no=ley, Renton & Associates
O. Box 10550
to Ana CA 92711-0550
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW_
INSURERSAFFORDING COVERAGE
INSURED
REF Consulting
PO Box 57057
Irvine CA 92619-7057
I
INSURER A; Travelers Property Casualty Co of Ameri
INSURERB:Underwriters at Lloyds London
INSURERc Fireman's Fund Insurance Co.
INSURER D-
INSURER E_
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED_
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CON➢ITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE
TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS-
INSR
POLICY EFFECTIVE
POLICY EXPIRATION
1TR
TYPE OFINSIIRANCE
POUCYNUMBER
DATE IMM/DD/Y*
DAMEMMUMNYA
LIMITS
A
GENERALLIARIUTY
63050004092
11/30/2009
11/30/2010
EACH OCCURRENCE
$1,000 000
X
COMMERCIAL GENERAL LIAPILITY
FIRE DAMAGE (Any one tie)
$1 000,000
CLAIMS MADE IX I(' CUR
MED EXP (Any one Person)
$10 000
X
CONTRACTUAL
PERSONAL BADVNJURY
$1, 000, 000
X
BFPD XC[J
GENERAL AGGREGATE
$7 000 000
GENL
—1
AGGREGATE UMIT APPLIES PER:
POLICY X Jf -, T I Loc
PROOUCIS - COMP/OP AGG
$2, 000 000
A
AUTOMOBILEUABILrrY
8109496B499
11/30/2009
11/30/2010
COMBINED SINGLE
X
ANY AUTO
UMIT
(Ea accidaccident)$1,
000, 000
ALL OWNED AUTOS
--
BODILY INJURY
SCHEDULED AUTOS
(Per person)
$
X
HIRED AUTOS
X
NON -OWNED AUTOS
BODILY RUURY
(Peraorieent)
$
PROPERTY DAMAGE
(Per accident)
$
GARAGE LIABILITY
AUTO ONLY- EA ACCIDENT
$
ANY AUTO
OTHER THAN EA ACC
$
AUTO ONLY- AGG
$
C
EXCESS LIABILITY
SSE00071722276
11/30/2009
11/30/2010
EACHOCCURRENCE
$10,000,000
X
OCCUR I 1 CLAIMS MADE
AGGREGATE
$10 000 000
Professional
$
DEDUCTBtE
Liability is
$
RETENTION $
Excluded
S
WORKERS COMPENSATION AND
WC STATU- OTH-
TORY LIMITS ER
EMPLOYERS- UABIUTY
EL- EACH ACCIDENT
$
E.L. DISEASE - EA EMPLOYEE,
S
EL_ DISEASE - POLICY LIMIT
$
B
OTHER
PI099400
11/30/2009
11/30/2010
Per Claim $1,000,000
Professional Liability
Annl Aggr. $2,000,000
DESCRIPTION OF OPERATIONS1LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
General Liability policy excludes claims arising out of the performance of professional services_
IndependentContractors Included
Re: 8th Street Safety Enhancements; RBF JN 55-100683
City of National City, its officers, agents and employees are additional insured as respects to General and Auto
Liability as required by written contract. Primary and Non -Contributing coverage applies to GL as required by written
contract.
CERTIFICATE HOLDER I ADDITIONAL INSURED; INSURER LETTER:
City of National City
Attn= Maryam Babaki, P.E.,
Department
1243 National City Blvd.
National City CA 91950
ACORD 25-S (7/97)
Engineering
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER
WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE
CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO
SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON
THE INSURER, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATI
ACORD CORPORATION 1988
17
J
POLICY #' 8109496B499 COMMERCIAL AUTO
CA 20 48 02 99
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ R CAREFULLY.
DESIGNATED INSURED
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
TRUCKERS COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions ofthe Coverage Form apply unless modi-
fied by this endorsement.
This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi-
sion of the Coverage Form. This endorsement does not after coverage provided in the Coverage Form.
This endorsement changes the policy effective on the inception date of the policy unless another date is indicated
below.
Endorsement Effective: 6/28/2010
Countersigned By:
(Authorized Representative)
Named Insured:
RIIF Consulting
SCHEDULE
Name of Person(s) or Organization(s): Any person or organization for whom you have agreed in
a written contract or agreement to provide insurance
but only for damages which are covered by this
insurance and which you have agreed to provide in such
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as
applicable to the endorsement)
Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent
that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II
of the Coverage Form.
CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998
18
COMMERCIAL GENERAL LIABILITY
53050004092
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
BLANKET ADDITIONAL INSURED
(CONTRACTORS)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
1. WHO IS AN INSURED — (Section II) is amended c)
to include any person or organization that you
agree in a "written contract requiring insurance"
to include as an additional insured on this Cover-
age Part, but:
a) Only with respect to liability for "bodily injury",
"property damage° or "personal injury"; and
b) if, and only to the extent that, the injury or
damage is caused by acts or omissions of
you or your subcontractor in the performance
of "your work" to which the "written contract
requiting insurance" applies. The person or
organization does not qualify as an additional
insured with respect to the independent acts
or omissions of such person or organization.
2. The insurance provided to the additional insured
by this endorsement is limited as follows:
a) to the event that the Limits of Insurance of
this Coverage Part shown in the Declarations
exceed the limits of liability required by the
"written contract requiring insurance", the in-
surance provided to the additional insured
shalt be limited to the limits of liability re-
quired by that "written contract requiring in-
surance". This endorsement shall not in-
crease the limits of insurance described in
Section lit — Limits Of Insurance.
b) The insurance provided to the additional in-
sured does not apply to "bodily injury', "prop-
erty damage" or "personal injury" arising out
of the rendering of, or failure to render, any
professional architectural, engineering or sur-
veying services, including:
i. The preparing, approving, or failing to
prepare or approve, maps, shop draw-
ings, opinions, reports, surveys, field or-
ders or change orders, or the preparing,
approving, or failing to prepare or ap-
prove, drawings and specifications; and
ii. Supervisory, inspection, architectural or
engineering activities.
CG D2 46 08 05
The insurance provided to the additional in-
sured does not apply to "bodily injury" or
"property damage" reused by "your work"
and included in the "products -completed op-
erations hazard" unless the 'Written contract
requiring insurance" specifically requires you
to provide such coverage for that additional
insured, and then the insurance provided to
the additional insured applies only to such
"bodily injury" or "property damage" that oc-
curs before the end of the period or time (or
which the "written contract requiring insur-
ance requires you to provide such coverage
or the end of the policy period, whichever is
earlier.
3. The insurance provided to the additional insured
by this endorsement is excess over any valid and
collectible "other insurance, whether primary,
excess, contingent or on any other basis, that is
available to the additional insured for a loss we
cover under this endorsement. However, if the
"written contract requiring insurance" specifically
requires that this insurance apply on a primary
basis or a primary and non-contributory basis.
this insurance is primary to "other insurance"
available to the additional insured which covers
that person or organization as a named insured
for such loss, and we will not share with that
"other insurance". But the insurance provided to
the additional insured by this endorsement still is
excess over any valid and collectible 'other in-
surance", whether primary, excess, contingent or
on any other basis, that is available to the addi-
tional insured when that person or organization is
an additional insured under such "other insur-
ance".
4. As a condition of coverage provided to the
additional insured by this endorsement:
a) The additional insured must give us written
notice as soon as practicable of an "occur-
rence" or an offense which may result in a
claim. To the extent possible, such notice
should Include:
0 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2
19
COMMERCIAL GENERAL LIABILITY
i. How, when and where the "occurrence"
or offense took place;
ii. The names and addresses of any injured
persons and witnesses; and
iii. The nature and location of any injury or
damage arising out of the "occurrence" or
offense.
b) If a claim is made or "suit" is brought against
the additional insured, the additional insured
must:
i. Immediately record the specifics of the
claim or 'suit" and the date received; and
ii. Notify us as soon as practicable.
The additional insured must see to it that we
receive written notice of the claim or "suit" as
soon as practicable.
c) The additional insured must immediately
send us copies of all legal papers received in
connection with the claim or "suit", cooperate
with us in the investigation or settlement of
the claim or defense against the "suit", and
otherwise comply with all policy conditions.
d) The additional insured must tender the de-
fense and indemnity of any claim or "suit" to
Page 2 of 2
any provider of "other insurance" which would
cover the additional insured for a loss we
cover under this endorsement. However, this
condition does not affect whether the insur-
ance provided to the additional insured by
this endorsement is primary to "other insur-
ance" available to the additional insured
which covers that person or organization as a
named insured as described in paragraph 3.
above.
5. The following definition is added to SECTION V.
— DEFINITIONS:
"Written contract requiring insurance' means
that part of any written contract or agreement
under which you are required to include a
person or organization as an additional in-
sured on this Coverage Part, provided that
the "bodily injury" and "property damage" oc-
curs and the "personal injury" is caused by an
offense committed:
a. After the signing and execution of the
contract or agreement by you;
b. Whiie that part of the contract or
agreement is in effect; and
c. Before the end of the policy period.
0 2005 The St. Paul Travelers Companies. Inc. CG D2 46 08 05
20
ACc)R /J CERTIFICATE OF LIABILITY INSURANCE
OP ID RC
DATE (MM/DDIYYYY)
06/25/10
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
9ELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
tEPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
NPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER
United Captive Ins. Brokers
17151 Newhope St., Ste 211
Fountain Valley CA 92708
Phone:714-708-4370 Fax:714-708-2300
INSURED
RBF Consulting
14725 Alton Parkway
Irvine CA 92618
CON IALI
NAME:
PHONE I FAX
A/C, No, Ertl: (AIC, Na):
MAIL
ADDRESS:
PRODUCER
CUSTOMER ID
RBFCO-1
INSURER(S) AFFORDING COVERAGE
NAIC N
INSURER A: O.S. Fidelity and Guaranty Co-
INSURER B
INSURER C :
25887
INSURER D:
INSURER E :
INSURER F :
COVERAGES
CERTIFICATE NUMBER:
REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE
INDICATED. NOTWITHSTANDING ANY REQUIREMENT,
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.
EXCLUSIONS AND CONDI LIONS OF SUCH POI. ICIES.
THE INSURANCE
LIMITS
SOH
LISTED
TERM
SHOWN
BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
MAY HAVE BEEN REDUCED BY PAID CLAIMS.
ILTRR
TYPE OF INSURANCE
!NSR,
POLICY NUMBER
(MM/DD/YYYY)
(MMIDD/YYYY)
LIMITS
jGENERAL LIABILITY
—1 COMMERCIAL GENERAL
LIABILIT Y
-
I j OCCUR
EACH OCCURRENCE
$ 1 , 000 , 000
DAMAGE it/ RENTED-
PREMISES (Ea occurrence)
$ 50,000
_I CLAIMS -MADE
MED EXP (Any one person)
$ 5,000
GEML
PERSONAL & ADV INJURY
$ 1,000,000
AGGREGATE LIMIT
PRO -
POLICY JECT
GENERAL AGGREGATE
$ 2 , 000 , 000
APPLIES PER
LOC
PRODUCTS- COMP/OP AGG
$ 2,000,000
$
AUTOMOBILE
----
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
COMBINED SINGLE LIMIT
(Ea accident)
$
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
$
PROPERTY DAMAGE
(Per accident)
$
$
UMBRELLA UAB
EXCESS LIAR
I OCCUR
CLAIMS -MADE
•
EACH OCCURRENCE
$
AGGREGATE
$
DEDUCTIBLE
RETENTION $
$
$
A
WORKERS COMPENSATION
AND EMPLOYERS LIABILITY
ANY PROPRIETORPARTNER/EXECUTN
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) -
Byes, describe under
DESCRIPTION OF OPERATIONS
T,1 N
N/A
D1231000200
07/01/10
07/01/11
X WCSTATU- OTH-
TORY LIMITS ER
£. I,. EACH ACCIDENT
$ 1, 000, 000
below
E.L. DISEASE - EA EMPLOYEE
$ 1 , 000 , 000
EL DISEASE - POLICY UMIT
$ 1 , 000 , 000
DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required)
Re: 8th Street Safety Enhancements; RBF Job #55-100683
Includes form WC 04 03 06
CERTIFICATE HOLDER
CANCELLATION
CITYNA1
City of National City
Attn: Maryam Babaki, P.E.
Engineering Department
1243 National City Blvd
National City CA 91950-4301
SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
1 - CO RPORATION_ All rights reserved.
ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD
21
WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 04 03 06
POLICY NUtit+ER_ i)r- \A'002OO
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA
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. (This agreement
applies only to the extent that you perform work under a written contract that requires you to obtain this
agreement (roue us.1
You must maintain payroll records accurately segregating the remuneration of your employees while
engaged .n the work described in the Schedule.
The addit:onat premum for the endorsement shall be 5t,t, of the California workers compensation
premium otherwise doe on such rerruneraton.
Schedule.
Person or Organization Job Description
My person 6r Organization
Where required by wrinen cornracl
executed prior 10 loss and where
permissible by lawistatule
$• t99P by' th. Wc,ke,s na,roy Ccrear. ct Ca51n•r.ia A71 u-11s
Frnm the W'.tRBp Cactornia Worke.s ..;Mn; nsafi±rr nslfrance con, PA3fV3• �: 2O0'
22
Preliminary 8th Street Safety Enhancements
Wed 7/14/10
ID
Task Name
Duraton
Start
Finish
Predece
ul'10
Auq'10 1Sep'10 lOct'10 Nov '10 1Dec'10 `Jan'11 1Feb'11 JMar'11 1Apr'11
4 111' 18 25
1 8 I15122129t5 L12 L19I261 3 ] 10I17 24 (31 1 7 114 121 28 j 5 J 121191261 2 J 9 116 23130 JJ 13120 [27I 8 i13120 27I 3 1,10117
1
Preliminary 8th Street Safety Enhancements 180 days Wed 7/21/10 Frl 4/6/11
Research & tnvestigatlon 11 days Wed 7/21/10' Wed 8/4/10
Notice to Proceed 1 day Wed 7/21/10 Wed 7/21/10
Kick-off meeting 0 days Wed 7/21/10 Wed 7/21/10 3
Right of Way & Utility Reseamh 1 we Thu 7/22/10. Wed 7/28/10 3
Survey 1 wk Thu 7/29/10 Wed 8i4110 5
Conceptual Design 10 days Thu 8/5/10 Wed 8/18/10 6
Design Plans 2 wks Thu 13/5/10 Wed B/16/10 -:6
Progress Meeting/Field Meeting 0 days Wed B/18/10 Wed 8/16/10 8
Community Participation 32 days ' Thu 9/16/1D • Mon 11/1/10
Public Meeting 1 0 days Thu 9/1 6/10 r Thu 9/16/10
Public Meeting 2 0 days Mon 11/1/10 Mon 11/1/10
30% Design Plans 46 days Thu 6/19/19' Thu 10/21/10
Design Plans 4 wks, Thu 8/19110! Wed 9/15/10'8
Preliminary Cosi Estimate 2 days' Thu 9/18/10'i Fr19/17/10 .14
30%Submittal 0 days, Frl 9/17/10' Fri 9/17/10115
Monthly Progress Meeting Ddays ', Fri 9/24/10; Fri 9/24/10 18FS+5
City Review 4 wks I .Mon 920/10 Frl 10/15/10 16
Utility Coordination Meeting 0 days' Fri 10/15/10'.. Fri 10/15/10.. 18 ' '
City Comments Received 1 .day ' Thu 10/21/10 Thu 10/21/10'. t BFS+3
Monlhly Progress Meeting Ddays Thu 10/21/10 Thu 10/21/10:'20
75% Design Plans (Combined (30%and 90v,) 41 days' Fri 10/22/10 Fd 12/17/10;
Design Plans • Revisions 4 wks Fri 10/22/10 Thu 11/16/10. 21
Drainage Report 2wks ' Fri 10/22/10 Thu 11/4/10:21
Cosi Estimate, Bld Schedule & Specs 1 wk ' Fri 11/19/10 Thu 1125/10' 23
75% Submittal 0 days' Thu 11/25/10 Thu 1125/10 _25
Monthly Progress Meeting 0 days'' Thu 11/25/10 Thu 1125/10' 26
Cay Review 3 wks Fri 11/26/10. Thu 12/16/10 26
Clty Comments Received 1 day Fri 12/17/10 Fri 12/17/10 25
Monthly Progress Consirucilbillty Mtg 0 days Fri 12/17/10 Fri 12/17/10 29
100% Submittal 25 days Mon 12/20/10 ' Fri 1/21/11
100% PS&E 3wks-. Mon 12/20/10 Fill/7/11' 30
100%Submittal 0 days Frl 1!7l11 ' Fri 1/7/11 32
Monthly Progress Meeting 0 days • Frl 1/7/11 ' Fd 1/7/11 ! 33
City Review 2 wks, Man 1/10/11 , Fd 1121/11 34
City Approval 0 days ! Frl 1/21i11 ' Fd 141/11 35
Environmental/Caltrans Documentation 80 days', Mon 920/10 • Fri 1/7/11 .
Environmental Documentalion Process 16 Wks' Mon 9/20/10 i Fd 1/7111 16
Env. Progress Meeting 0 days Tue 11/9/10' Tue 11/9/10'.
Bid Phase 55-days Mon 124/11 ! Fri 4/8/11.
Pre•Bid Meeling Odays ' Mon 1/31/11 :,' Mon1/31111 36F5+6
Advertise and Bid. Phase 55 days Mon 1/24/11 • Fri 4/8/11 36
Contract Award 0 days Fri 4/8/11 Fri 4/8/11 42
Construction Phase 0 days Fri 4/8/11 ' Fri 4/8/11 43
i
2
^
s
721
a
3
4
5
8
7
Conceptual Design
6
6/10
8
9
10
9/18
Community Meetings
. 11/1
11
12
13
s
6
30% Submittal .9/17
30
9/24
. 10/15
10/21
. Design Plana
14
15
16
17
18
19
20
21
22
'
7516
Submittal
4
. 75% Design Plans
,
11/25
1125
12/17
23
24
25
26
27
28
29
30
31
100N Submittal 1/7
1/7
National City's Approval
1
32
33
34
35
36
37
.
-
I
. 11/9
,
1
. 1/31
/8
4/6 '
38
39
40
41
42
43
44
55.100850
"'IrWWVs���
RBF Task Milestone . Summary ^ City Tasks ,.�r / ///�' �G, Jb� rtamagir
Page 1 -riff l l:i7 EK V i
p ' F0
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: July 20, 2010
AGENDA ITEM NO. 9
EM TITLE:
Resolution of the City Council of the City of National City establishing the Library General Obligation
Bond Tax Rate for Fiscal Year 2010-2011 at 1.42 cents per $100 of Assessed Valuation. (Finance)
PREPARED BY: Tess E. Limfueco, Financial Services Officer DEPARTMENT:
PHONE: (619) 336-4333 APPROVED BY:
EXPLANATION:
At the special municipal election held on March 5, 2002, more than two-thirds of National City's eligible
voters approved the issuance of General Obligation Bonds to fund the construction of the new National
City Library. In April 2003, the City issued the General Obligation Bonds in the aggregate principal
amount of $6 million. The bonds mature on August 1st in each of the years 2004 through 2028. The
amount of principal and interest that become due every year will be paid from the proceeds of property
taxes received from the County of San Diego.
Each year the City must establish the property tax rate that will be necessary to raise the revenue
required to service its annual bonded indebtedness. For the Fiscal Year 2010-2011, the calculated
property tax rate is 1.42 cents per $100 of assessed value, which is 11 % higher than last year's rate of
1 �7 cents. The increased rate can be attributed to the decrease in taxable secured assessed values
the City. Due to the decreased assessed valuation, the tax rate has to increase in order to raise
the same amount of money to meet the annual debt obligation for the Libra bond.
FINANCIAL STATEMENT:
ACCOUNT NO.
N/A
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
gt-A 'Finance
MIS
STAFF RECOMMENDATION:
N/A
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
1. Resolution
2. General Obligation Bond Tax Rate Computation for FY 2010-2011
RESOLUTION NO. 2010 —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
ESTABLISHING THE LIBRARY GENERAL OBLIGATION BOND TAX RATE FOR
FISCAL YEAR 2010-2011 AT 1.42 CENTS PER $100 OF ASSESSED VALUATION
WHEREAS, the total net taxable secured assessed valuation of the City is now at
$2,679,993,000 full value; and
WHEREAS, the amount of revenue to be raised from the tax base for Fiscal Year
2010/2011 is $399,740, according to the voter approved bonded indebtedness, thereby
establishing the rate of property tax required.
NOW, THEREFORE, BE IT RESOLVED that the Library General Obligation
Bond tax rate for the City of National City for the fiscal year ending June 30, 2011, be and
hereby is established at $0.0142 per $100 assessed value.
2002 GENERAL OBLIGATION BONDS:
$0.0142 PER $100 ASSESSED VALUE
PASSED and ADOPTED this 20th day of July, 2010.
Ron Morrison, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
Claudia G. Silva
Acting City Attorney
General Obligation Bond Debt Service (Fund 259)
Tax Rate Computation for FY2010-2011
National City
Secured Valuation
Unsecured Valuation
1 Net Secured Valuation
3 Less Delinquency AIIowan
4 Net after Delinqency
5 Plus HOPTR
6 Prelim Adj Secured
Valuation
7 Less Redevelopment
Impact
8 Adj Sec Valuation Less
Redevelopment Impact
9 Anticipated Roll
Corrections
10 Adj Sec Val for Rate
Computation
16 Computed Rate
17 Plus .0001
Assessed
Rate Valuation
0.0142 2,677,993,000
0,0127 209,440,000
2,677,993,000
0.00% -
2,677,993,000
31,041,000
2,709,034,000
2,709,034,000
0.0200 53,559,860
2,655,474,140
0,01409
0.0001 0.01419
Fund No. 6065-50
FY10/11
Est. Revenue
380,007
26,599
406,606
11 Amount to be raised
12 Unsecured HOPTR
14 Unsecured Delinquency
15 Less Unsecured
Redevelopment Impact
16 Amount to be raised by
Secured Taxes
18a Tax rate times #4
18b Tax rate times HOPTR
19 Secured Proof
20 Raised by 1/100th mil
21,23 Taxes Raised
I CERTIFY THAT THE ABOVE COMPUTED RATE 1/100TH MIL IS A REASONABLE TAX RATE FOR THIS FUND
Jeanette Ladrido
Finance Director
Date
399,740
0
25,535
0
374,205
377,329
4,374
381,703
2,655
409,893
COUNTY OF SAN DIEGO
ASSESSOR'S OFFICE
1600 PACIFIC HIGHWAY, SUITE 103
SAN DIEGO, CA 92101-2480
(619) 236-3771 • FAX (619) 557-4056
DAVID L. BUTLER
ASSESSOR/RECORDER/COUNTY CLERK
www.sdarcc.com
RECORDER/COUNTY CLERK'S OFFICE
1600 PACIFIC HIGHWAY, SUITE 260
P.O. BOX 121750, SAN DIEGO, CA 92112-1750
(619) 237-0502 • FAX (619) 557-4155
SUMMARY OF TOTAL ASSESSED VALUE BY CITY
CITY 2009-2010
2010-2011 CHANGE
DEL MAR 2,478,246,786 2,557,129,093 3.18%
CORONADO 6,415,516,558 6,482,813,393 1.05%
ENCINITAS 11,580,836,156 11,595,898,988 0.13%
LEMON GROVE 1,615,600,372 1,609,891,538 -0.35%
SOLANA BEACH 3,489,636,229 3,473,740,609 -0.46%
POWAY 8,476,909,099 8,422,222,849 -0.65%
SANTEE 4,556,289,676 4,526,718,991 -0.65%
LA MESA 5,471,492,848 5,419,747,491 -0.95%
NATIONAL CITY 3,137,630,690 3,099,775,501 -1.21%
SAN MARCOS 9,292,351,840 9,173,807,255 -1.28%
CARLSBAD 24,644,802,371 24,321,673,845 -1.31%
OCEANSIDE 17,752,371,949 17,503,409,629 -1.40%
SAN DIEGO 188,111,687,946 185,340,463,009 ' -1.47%
VISTA 8,853,882,095 8,719,838,623 -1.51%
ESCONDIDO 12,314,557,476 12,125,474,590 -1.54%
EL CAJON 7,360,240,959 7,212,895,912 -2.00%
IMPERIAL BEACH 1,471,879,080 1,423,133,967 -3.31%
CHULA VISTA 22,774,085,438 21,918,450,346 -3.76%
TOTAL INCORPORATED CITIES 339,798,017,568 334,927,085,629 -1.43%
TOTAL UNINCORPORATED AREAS
60,128,157,651 58,757,162,646 -2.28%
TOTAL SAN DIEGO COUNTY 399,926,175,219 393,684,248,275 -1.56%
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: July 20, 2010
AGENDA ITEM NO. 10
EM TITLE:
A Resolution of the City Council of the City of National City Delegating Authority to the City Manager
to Act on Behalf of the City of National City in Matters Relating to CSAC Excess Insurance Authority
(EIA)
PREPARED BY: Leslie Deese, Asst. City Manager
PHONE: 619-336-4240
EXPLANATION:
. See Attached.
DEPARTMENT: City Manager
APPROVED BY:
FINANCIAL STATEMENT:
ACCOUNT NO.
N/A
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
Staff Recommends that the City Council delegate authority to the City Manager to act on behalf of the
City and the EIA.
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
solution
Explanation:
The CSAC Excess Insurance Authority (EIA) is a risk sharing pool of California
public agencies whose membership includes 93% of the counties in California
and nearly 61 % of the cities, numerous school districts, special districts, housing
authorities, fire districts, and other Joint Powers Authorities. The City of National
City has been a member of the EIA since 2003.
The EIA provides excess workers compensation coverage over and above
National City's $500,000 Self Insured Retention. The $5 million coverage limit is
brokered through Alliant as the broker for SANDPIPA which is the City's
Insurance pool. The EIA also purchases insurance from outside carriers to
handle the City's excess claims between $5 million and $50 million.
The EIA is requesting the governing board for each public agency member to
delegate to a person or position authority to act on the member's behalf in
matters relating to the member and the EIA. Staff therefore recommends the
City Council appoint the City Manager to act in all matters relating to the City and
the EIA. The City Manager may then designate the appropriate position(s) as the
City's primary "contact" for CSAC EIA staff and broker.
Staff Recommendation:
The City Council adopt the attached Resolution delegating authority to the City
Manager to act on behalf of the City of National City in matters relating to the
CSAC Excess Insurance Authority (EIA).
RESOLUTION NO. 2010 —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
DELEGATING AUTHORITY TO THE CITY MANAGER TO ACT
ON BEHALF OF THE CITY OF NATIONAL CITY IN MATTERS
RELATING TO CSAC EXCESS INSURANCE AUTHORITY
WHEREAS, the CSAC Excess Insurance Authority ("Authority") has determined
that it is necessary for each member of the Authority to delegate to a person[s] or position[s]
authority to act on the member's behalf in matters relating to the member and the Authority; and
WHEREAS, except as to those actions that must be approved by the City
Council of the City of National City, such delegation of authority is necessary in order to carry
out the purposes and functions of the Authority with its members; and
WHEREAS, in order to ensure a person[s] or position[s] is delegated with
authority to act on the member's behalf in matters relating to the member and the Authority,
action by the member's governing body is necessary; and
NOW THEREFORE, BE IT RESOLVED by the City of National City as follows:
The City Manager is hereby appointed to act in all matters
relating to the member and the Authority, except as to
actions that must be approved by the City Council of the
City of National City.
PASSED and ADOPTED this 20th day of July, 2010.
Ron Morrison, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
Claudia G. Silva
Acting City Attorney
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Public Entity Members - Official Designated Representative
In order to update our records, the EiA needs the governing board for each public entity member to
designate an individual or position who is authorized to officially act on behalf of and enter into
agreements with the EIA. Please bring this matter to your governing board by September 1, 2010_
Attached is a sample resolution for your convenience.
Ai the request of some of the members, we have also drafted a sample agenda report for you to use in
requesting that your governing board designate an official representative.
The individual or designated position does not have to be the only contact person with your organization. In
fact, you can have more than one contact that receives information and communications. To review who
your entity has listed as contacts. please go to the Public Entity Membership page, then click on the name of
your entity_
Please noteif your governing body designates en individual, tie governing body will need to adopt a new
resolution if that individual leaves the organization or the governing body decides to appoint someone else.
if your governing, body designates a position: such as city manager: they won't have to adopt a new
resolution if the city manager changes, but we would like to receive the new contact information if that
occurs
If you have any questions, please contact Gina Dean or your Alliant broker
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http://www.csac-eia.org/newsroom_details.cfm?NRPRID=87 7/8/2010
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: July 20, 2010
AGENDA ITEM NO.11
:M TITLE:
Resolution of the City Council of the City of National City approving the compensation of the City
Attorney
PREPARED BY: Claudia G. Silva, Est
PHONE: 336-4222
EXPLANATION:
DEPARTMENT: City Attorney
APPROVED BY:
The proposed resolution establishes the salary of the City Attorney at $6,923.08 effective July 1, 2010,
and $7,690.00 effective July 1, 2011. The City Attorney's contribution to the CalPERS employer -paid
member contribution is established at 6% effective July 1, 2010, and shall increase to 8% effective July
1, 2011. The car allowance for this position was eliminated by Resolution by 2009-37. All other items of
compensation (e.g., cafeteria health benefit, vacation accruals) shall remain as previously established.
FINANCIAL STATEMENT:
ACCOUNT NO.
N/A
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
Adopt resolution
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
;olution
RESOLUTION NO. 2010 —
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY APPROVING
THE COMPENSATION OF THE CITY ATTORNEY BY
ESTABLISHING THE SALARY
BE IT RESOLVED by the City Council of the City of National City as follows:
Section 1. That the salary of the City Attorney is hereby established at $6,923.08 per
pay period, effective July 1, 2010 through June 30, 2011.
Section 2. That the salary of the City Attorney is hereby established at $7,690.00 per
pay period, effective July 1, 2011.
Section 3. That the City Attorney shall pay 6% percent of the PERS
employer -paid member contribution for that position, effective July 1, 2010, and shall pay 8% of
the PERS employer -paid member contribution for that position effective July 1, 2011.
Section 4. That all other items of the City Attorney's compensation shall remain as
established pursuant to Resolution 2002-109.
PASSED and ADOPTED this 20th day of July, 2010.
Ron Morrison, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
Claudia G. Silva
Acting City Attorney
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: July 20, 2010
AGENDA ITEM NO.12
.. EM TITLE:
Warrant Register #50 for the period of 06/09/10 through 06/15/10 in the amount of $1,533,823.45
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 06/09/10
through 06/15/10
The Finance Department has implemented a policy explanation of all warrants above $50,000.00
Vendor Check Amount Explanation
Public Emp Ret Sys
236822 276,472.08 Emp Ret Sys
PPE 05/31/10
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 $1,533,823.45
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
arrant Register #50
PAYEE
MEXICAN AMERICAN BUSINESS
VOIDED
AMAZON
AT&T MOBILITY
BAKER & TAYLOR
BORUNDA
BRODART
CALIFA GROUP
CHILDREN'S PLUS INC.
CITY OF NATIONAL CITY
DEMCO INC
DICK DALE
DISCOUNT SCHOOL SUPPLY
EDUCATIONAL DEVELOPMENT
EVEOKE DANCE THEATRE
FRAZZLE DAZZLE'N' CO.
FRIENDS OF THE READ/SAN DIEGO
3RASS ROOTS PRESS
JORGENSEN
LASER SAVER INC
LOONEY DOONEY PRODUCTIONS
MIDWEST TAPE
MORINEAU
NATIONAL ELEM SCHOOL DISTRICT
NOLO PRESS, INC.
ORIENTAL TRADING COMPANY, INC
RAUL JAIME D'ABLAING
SIRSIDYNIX
SPRINT
STAPLES ADVANTAGE
THE BOOKSOURCE
U S POSTMASTER
XEROX CORPORATION
CLE INTERNATIONAL
EQUIFAX INFORMATION SVCS
GEOSYNTEC CONSULTANTS
HAASC
HOGLE IRELAND INC
SAN DIEGO CLIPPING SERVICE
STAPLES ADVANTAGE
ABCANA INDUSTRIES
ACE UNIFORMS & ACCESSORIES,INC
ADDICTION MEDICINE
AIRGAS-WEST
AKEISHA PARKS
ALL FRESH PRODUCTS
WARRANT REGISTER # 50
5/15/2010
DESCRIPTION
MABPA RECOGNITION RECEPTION
VOIDED
CHILDREN BOOKS
CELL PHONE SVC - WINGS PROGRAM
ADULT/YOUNG ADULT/CHILDREN BKS
MILEAGE REIMBURSEMENT
CHILDREN BOOKS
CALIFA MEMBERSHIP RENEWAL
BOOKS - READING IS FUNDAMENTAL
OUT OF STATE SALES TAX ON PO#73701,
MATERIALS/SUPPLIES - WOW MOBILE
MAGIC ENTERTAINMENT FOR FLN.
CRAFT MATERIAL - FFL
BOOKS - READING IS FUNDAMENTAL
DANCE THEATRE WORKSHOP - FLN
PUPPET SHOW PERFORMANCE
TUTOR CONFERENCE ON JUNE 2010
BOOKS FOR TUTORS/LEARNERS
MILEAGE REIMBURSEMENT
MOP 45725 INK CARTRIDGES
AIRBRUSH FACE PAINTER
DVD'S - WOWMOBILE COLLECTION
PUPPET SHOW PERFORMANCE
PRINTING - READING IS FUNDAMENTAL
REFERENCE BOOKS
CRAFT MATERIAL FOR THE FAMILY
BALLOON ART ENTERTAINMENT
LIBRARY'S AUTOMATION MAINTENANCE
VIDEO CONFERENCING/LONG DISTANCE
MOP #45704 SUPPLIES
BOOKS -READING IS FUNDAMENTAL
POSTAGE FOR LITERACY SERVICES.
BASE CHG AND OVERAGES
MUNICIPAL LAW SEMINAR
BACKGROUND/CREDIT CK FOR S8
ENVIRONMENTAL CONSULTING
CHAPTER MEMBERSHIP DUES
NC CONSOLIDATED/ACTION PLAN
NEWS READING/CLIPPING SERVICE
MOP 45704 OFFICE SUPPLIES-REDEV
POOL CHEMICALS
5 POING BREAKAWAY VEST
MEDICAL SERVICES
MOP 45714 MATERIALS & SUPPLIES
1/4
CHK NO DATE AMOUNT
236717 6/14/10 20.00
236718 6/15/10 0.00
236719 6/15/10 3,183.35
236720 6/15/10 148.88
236721 6/15/10 8,878.01
236722 6/15/10 39.79
236723 6/15/10 5,005.17
236724 6/15/10 400.00
236725 6/15/10 0.58
236726 6/15/10 23.11
236727 6/15/10 395.25
236728 6/15/10 175.00
236729 6/15/10 741.19
236730 6/15/10 245.13
236731 6/15/10 200.00
236732 6/15/10 205.00
236733 6/15/10 300.00
236734 6/15/10 1,725.38
236735 6/15/10 6.78
236736 6/15/10 595.34
236737 6/15/10 150.00
236738 6/15/10 267.56
236739 6/15/10 250.00
236740 6/15/10 196.12
236741 6/15/10 55.96
236742 6/15/10 739.95
236743 6/15/10 150.00
236744 6/15/10 16,793.47
236745 6/15/10 11.33
236746 6/15/10 1,439.98
236747 6/15/10 351.20
236748 6/15/10 807.84
236749 6/15/10 494.89
236750 6/15/10 1,190.00
236751 6/15/10 50.33
236752 6/15/10 1,627.30
236753 6/15/10 850.00
236754 6/15/10 911.25
236755 6/15/10 65.50
236756 6/15/10 95.60
236757 6/15/10 261.73
236758 6/15/10 1,697.15
236759 6/15/10 775.00
236760 6/15/10 179.73
REFUND FOR BASKETBALL REGISTRATION 236761 6/15/10 10.00
FOOD FOR NUTRITION 236762 6/15/10 1,924.44
PAYEE
AQCS ENVIRONMENTAL
ARCO GASPRO PLUS
AZTEC APPLIANCE
BAHJAT S JABRO
BCM CUSTOMER SERVICE
BON SUISSE INC
BOOT WORLD
BRENNTAG PACIFIC INC
BROADWAY AUTO ELECTRIC
CALIFORNIA BAKING CO.
CALIFORNIA COMMERCIAL SECURITY
CALIFORNIA ELECTRIC SUPPLY
CARQUEST AUTO PARTS
CEB
CHAPMAN APPLIANCE SVCS INC
CHILDREN'S HOSPITAL
CHULA VISTA POLICE
CLEARWIRE
CLF WAREHOUSE
COMMERCIAL AQUATICS SERVICES
CONSTRUCTION ELECTRONICS INC
CONTRERAS
COPY POST PRINTING
DATA LINK ASSOCIATES, INC.
DAWN WOOD
DAY WIRELESS SYSTEMS
DELL MARKETING CORP
DELTACARE (PMI)
DETECTIVE MARK LILLIENFELD
DIAZ
DOOLEY ENTERPRISES
DREW FORD
DREW
EXPERIAN
FERGUSON ENTERPRISES INC
FLEET SERVICES INC
GRAINGER
GTC SYSTEMS INC
HAINES & COMPANY
HAMILTON MEATS & PROVISIONS
HD SUPPLY PLUMBING
HONEYWELL INTERNATIONAL INC
HORIZON HEALTH EAP
KAISER FOUNDATION HEALTH PLANS
MAN K-9 INC.
MATLOCK
WARRANT REGISTER # 50
5/15/2010
DESCRIPTION
CONSULTING SVSC/ DIESEL ENGINE
FUEL FOR CITY FLEET
GE MICROWAVE
REFUND OF BLDG PERMIT DEP
PREVENTATIVE MAINTENANCE INV
MILK/DAIRY DELIVERY
MOP 64096 WEARING APPAREL
POOL CHEMICALS (CHLORINE)
PRINTED CIRCUIT BOARD -DASH CLUSTER
BREAD DELIVERY FOR NUTRITION
ELECTRONIC DOOR REPAIRS
MOP 45698 ELECTRICAL MATERIAL
MOP 47557 AUTO PARTS
WRONGFUL EMP TERMINATION
REPAIR STEAMER TANK
CHILD ABUSE EXAMS
SFST COURSE
REFUND OF BLDG PERMIT COSTS
FILTERS
POOL SERVICE, REPAIRS
BASIC MAINTENANCE - JUNE 2010
BL Admin Refund
PRINT ER OPERATIONS PLANS
SUPPORT POST SINGLE/BASE COVER
REFUND FOR BASKETBALL REGISTRATION
PARTS, RF ANTENNA JACKS
KVM SERVER CONSOLE
DENTAL INS PMI JUNE 2010
HIGH PROFILE HIMICIDES & POM
REIMB-FUNCTIONAL TRAINING WORKSHOP
BRASS ENCLOSED
MOP 49078 AUTO PARTS
REIMB FOR STATE FIRE TRAINING
CREDIT CHECKS FOR NEW PD EMP
MOP 45723 SEWER MATERIAL
MOP 67804 AUTO PARTS
MOP 65179 ELECTRICAL MATERIAL
NETWORK ENGINEERING HOURS
NORTH/SOUTH DIRECTORIES
MEAT DELIVERY FOR NUTRITION
PLUMBING MATERIAL
MECHANICAL H.V.A.C.
DOT TRAINING MAY 25-26, 2010
RETIREES INS -DED THRU CALPERS
K9 TRAINING - MAY 2010
REIMB - FUNCTIONAL TRAINING WORKSHOP
CHK NO
236763
236764
236765
236766
236767
236768
236769
236770
236771
236772
236773
236774
236775
236776
236777
236778
236779
236780
236781
236782
236783
236784
236785
236786
236787
236788
236789
236790
236791
236792
236793
236794
236795
236796
236797
236798
236799
236800
236801
236802
236803
236804
236805
236806
236807
236808
2/4
DATE AMOUNT
6/15/10 1,500.00
6/15/10 28,962.85
6/15/10 159.86
6/15/10 47.25
6/15/10 1,065.25
6/15/10 273.58
6/15/10 250.00
6/15/10 881.65
6/15/10 1,381.00
6/15/10 216.00
6/15/10 155.87
6/15/10 899.48
6/15/10 224.80
6/15/10 205.26
6/15/10 940.98
6/15/10 1,236.00
6/15/10 130.00
6/15/10 1,137.96
6/15/10 171.6
6/15/10 300.00
6/15/10 843.55
6/15/10 21.50
6/15/10 388.37
6/15/10 2,287.47
6/15/10 20.00
6/15/10 298.16
6/15/10 5,656.65
6/15/10 3,475.33
6/15/10 35.00
6/15/10 175.00
6/15/10 2,484.01
6/15/10 1,150.33
6/15/10 170.00
6/15/10 27.00
6/15/10 549.98
6/15/10 288.80
6/15/10 530.14
6/15/10 2,535.00
6/15/10 1,701.96
6/15/10 929.31
6/15/10 686.99
6/15110 4,783.95
6/15/10 1,400.0'
6/15/10 20,651.E
6/15/10 800.00
6/15/10 175.00
PAYEE
MICHAEL CRESY
MUNICIPAL CODE CORPORATION
MUNICIPAL CODE CORPORATION
NAPA AUTO PARTS
NATIONAL CITY TROPHY
NC LIVING HISTORY FARM PRESERV
NIXON EGLI EQUIPMENT CO
OLIVER PACKAGING &
ORKIN PEST CONTROL
PADRE JANITORIAL SUPPLIES INC
PERRY FORD
PERVO PAINT CO.
POWERSTRIDE BATTERY CO INC
PUBLIC EMP RETIREMENT SYSTEM
RON BAKER CHEVROLET
SAM'S ALIGNMENT SERVICE
SAN DIEGO GAS & ELECTRIC
AN DIEGO MIRAMAR COLLEGE
;AN DIEGO PET & LAB SUPPLY
SAN DIEGO UNION TRIBUNE
SCANNING SERVICE CORPORATION
SDMSE SAN DIEGO PROJ HEARTBEAT
SKS INC.
SMART & FINAL
SOUTHWEST SIGNAL SERVICE
SPARKLETTS
STAPLES ADVANTAGE
STRATACOM
SUPERIOR READY MIX
SWEETWATER AUTHORITY
SYSCO SAN DIEGO
TARULLI TIRE SAN DIEGO INC
THE LIGHTHOUSE INC
TURF STAR
TURNER'S PORTABLE WELDING
U S BANK CORPORATE PAYMT SYS
UNION BANK OF CALIFORNIA
UNION -TRIBUNE PUB. CO.
UNITED PARCEL SERVICE
WEST GOVERNMENT SERVICES
WESTFLEX INDUSTRIAL
WILLY'S ELECTRONIC SUPPLY
UMAR INDUSTRIES
WARRANT REGISTER # 50
5/15/2010
DESCRIPTION
REFUND OF CONSTRUCTION PERMIT
SUPPLEMENT #29 UPDATE 1
MUNICIPAL CODE SUPPLEMENT #28
MOP 45735 SHOP SUPPLIES
MOP 66556 WORLD CUP SOCCER
REIMB-STEIN FAM FARM ADA COMPLIANT
SPEEDOMETER/ODO P811152-L
HOME DELIVEREDTRAYS
PEST MAINTENANCE
JANITORIAL SUPPLIES
MOP 45703 R&M AUTO EQUIPMENT
YELLOW RDNVB TRAFFIC PAINT
MOP 67839 AUTO PARTS
SERVICE PERIOD 5-10-5
MOP 45751 AUTO PARTS
MOP 72442 R&M AUTO EQUIPMENT
UTILITIES 04/19-05/19/10
CURRENT ISSUES FOR ADV OFCRS
MOP 45753 K9 FOOD
CARD ACCESS/ALARM SECURITY
BUILDING PERMITS AND PLANS
AED AGREEMENT JANUARY 2010
CHVS1030B. CHV SUPREME 10W30 BULK
MOP 45756 MISC SUPPLIES-COMM SVCS
TRAFFIC SIGNAL & STREET LIGHTS
WATER/DELIVERY NUTRITION
MOP 45704 OFFICE SUPPLIES-COMM SVC
ENVELOPE IMPRINTS - CITY ATTNY
TACK OIL
WASTEWATER WATER BILL
FOOD FOR NUTRITION CENTER
MOP 47940 R&M FIRE EQUIPMENT
MOP 45726 SHOP SUPPLIES
WATER PUMP/SHAFT ROLLER
LABOR, WELD REPAIR
CREDIT CARD EXPENSE - FIRE
ADMIN BILL GEN OBLIGATION BONDS
PLANNING COMMISSION
DOCUMENT SHIPPING
CHOICEPOINT/CLEAR INVESTIGATIVE
MOP 63850 AUTO PARTS
MOP 45763 SMALL TOOLS
P FPYG5, SCHOOL SYMBOL 30" PENT
3/4
CHK NO DATE AMOUNT
236809 6/15/10 332.50
236810 6/15/10 780.83
236811 6/15/10 190.33
236812 6/15/10 785.13
236813 6/15/10 54.88
236814 6/15/10 10,000.00
236815 6/15/10 402.27
236816 6/15/10 1,504.00
236817 6/15/10 353.75
236818 6/15/10 196.52
236819 6/15/10 607.01
236820 6/15/10 14,988.69
236821 6/15/10 51.25
236822 6/15/10 276,472.08
236823 6/15/10 55.42
236824 6/15/10 117.21
236825 6/15/10 1,611.20
236826 6/15/10 117.00
236827 6/15/10 151.29
236828 6/15/10 1,044.75
236829 6/15/10 1,923.08
236830 6/15/10 292.50
236831 6/15/10 1,832.10
236832 6/15/10 549.96
236833 6/15/10 20,696.23
236834 6/15/10 14.78
236835 6/15/10 66.73
236836 6/15/10 84.51
236837 6/15/10 125.06
236838 6/15/10 248.67
236839 6/15/10 2,727.30
236840 6/15/10 177.69
236841 6/15/10 402.94
236842 6/15/10 499.53
236843 6/15/10 90.00
236844 6/15/10 2,338.22
236845 6/15/10 1,127.94
236846 6/15/10 1,006.00
236847 6/15/10 47.10
236848 6/15/10 400.00
236849 6/15/10 134.47
236850 6/15/10 395.79
236851 6/15/10 454.49
A/P Total 491,289.95
4/4
NATO
�. tivooRPORratu
WARRANT REGISTER # 50
5/15/2010
PAYEE DESCRIPTION CHK NO DATE AMOUNT
Start Date End Date
SECTION 8 HAPS PAYMENTS 6/9/2010 6/15/2010 7,179.53
PAYROLL
Pay period Start Date End Date Check Date
12 5/18/2010 5/31/2010 6/9/2010 1,029,170.75
Special Payroll 6/9/2010 6,183.22
GRAND TOTAL $ 1,533,823.45
Warrant Register # 50
6/1/52010
001 GENERAL FUND
104 LIBRARY FUND
105 PARKS MAINTENANCE FUND
109 GAS TAXES FUND
125 SEWER SERVICE FUND
130 EMT-D REVOLVING FUND
131 ASSET FORFEITURE FUND
154 STATE PUBLIC LIBRARY FUND
158 SWIMMING POOL REVOLVING FUND
159 GENERAL PLAN UPDATE RESERVE
166 NUTRITION
171 LIBRARY SCHOOL DISTRICT CNTRCT
172 TRASH RATE STABILIZATION FUND
173 NATIONAL SCHOOL DIST CONTRACT
174 SWEETWATER SCHOOL DIST CONTRAC
191 STOP PROJECT
208 SUPP. LAW ENFORCEMENT SVCS FUND (SLESF)
211 SECURITY AND ALARM REGULATION FUND
212 PERSONNEL COMPENSATION FUND
246 WINGS GRANT
253 RECREATIONAL ACTIVITIES
259 LIBRARY BONDS DEBT SERVICE FUND
277 NC PUBLIC LIBRARY DONATINS FUND
290 POLICE DEPT GRANTS
296 ENGINEERING DEPT GRANTS
301 GRANT-C.D.B.G.
307 PROPOSITION A" FUND
320 LIBRARY GRANTS
502 SECTION 8 FUND
505 HOME FUND
511 TAX INCREMENT FUND
522 LOW/MODERATE HOUSING FUND
626 FACILITIES MAINT FUND
627 LIABILITY INS. FUND
628 GENERAL SERVICES FUND
629 INFORMATION SYSTEMS MAINTENANC
630 OFFICE EQUIPMENT DEPRECIATION
631 TELECOMMUNICATIONS REVOLVING
632 GENERAL ACCOUNTING SERVICES
633 UNEMPLOYMENT INSURANCE RESERVE
643 MOTOR VEHICLE SVC FUND
724 COBRA/RETIREE INSURANCE
731 CONSTRUCTION AND DEMOLITION DEBRIS
1, 045, 050.82
58,928.30
22, 809.42
1,182.02
18,240.39
5,825.37
487.40
588.64
1,349.77
1,429.04
21,479.27
1,793.47
1,828.84
1,248.49
9,176.55
1,701.53
1,697.15
1,219.79
25,906.54
37,248.52
20.84
1,127.94
674.42
7,597.87
91.25
12,369.52
5,238.56
15, 569.54
31,034.14
2,583.96
59,774.71
4,293.60
27, 521.55
896.61
2,081.86
8,584.03
5,488.55
1,589.46
16,628.16
39,168.56
11,265.75
20,651.50
379.75
1,533,823.45
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: July 20, 2010
AGENDA ITEM NO.113
EM TITLE:
Warrant Register #51 for the period of 06/16/10 through 06/22/10 in the amount of $713,255.19
PREPARED BY: K. Apalategui DEPARTMENT:
PHONE: 619-336-4331j APPROVED BY:
EXPLANATION:
Per Government Section Code 37208, attached are the warrants issued for the period of 06/16/10
through 06/22/10
The Finance Department has implemented a policy explanation of all warrants above $50,000.00
Vendor Check Amount Explanation
Public Emp Ret Sys 236943 279,633.63 Emp Ret Sys
PPE 6/14/10
G&E 236951 59,397.93 Utilities'
FINANCIAL STATEMENT: APPROVED:
ACCOUNT NO. APPROVED:
NIP
ENVIRONMENTAL REVIEW:
NIP
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
Finance
MIS
STAFF RECOMMENDATION:
Ratification of warrants in the amount of $713,255.19
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
rrant Register #51
PAYEE
FRANK TOYOTA
DIXIELINE BUILDERS
FEDEX
HUSK PARTNERS
KONICA MINOLTA
PRO BUILD
PRUDENTIAL OVERALL SUPPLY
STRADLING YOCCA CARLSON &
THE BANK OF NEW YORK
VISTA PAINT
WESTFLEX INDUSTRIAL
ABRUSCATO
ADAMSON POLICE PRODUCTS
AFLAC
AIRGAS-WEST
AK & COMPANY
ALCEM FENCE COMPANY INC
1MERICAN ROTARY BROOM
1NTHONY'S AUTO BODY
MRELLANO
ASBURY ENVIRONMENTAL SVCS
AT&T/MCI
AT&T/MCI
BERNAL
BON SUISSE INC
BOOT WORLD
BROADWAY AUTO GLASS
BYRON OR MAXINE J MYERS
CA ASSO OF CODE ENFORCEMENT
CA ASSO OF CODE ENFORCEMENT
CAL EXPRESS
CALIFORNIA BAKING CO.
CALIFORNIA ELECTRIC SUPPLY
CARQUEST AUTO PARTS
CEB
CHEVRON & TEXACO BUSINESS CARD
CLAIMS MANAGEMENT ASSOCIATES
CLEAN HARBORS
CNOA
CNOA
COMMERCIAL AQUATICS SERVICES
COUNTY OF SAN DIEGO
;OX COMMUNICATIONS
WI. CABLE PIPE & LEAK DETECT
CULLIGAN
D MAX ENGINEERING INC
D MAX ENGINEERING INC
WARRANT REGISTER # 51
6/22/2010
DESCRIPTION
TOYOTA PRIUS HYBRID
CONSTRUCTION SERVICES
BONDS/GRANTS UNIT -HOUSING
CONSULTING SVCS - JUNE 2010
COPIER CONTRACT SERVICES
MOP 45707 BRUSHNALVEITOWEL
MOP 45742 UNIFORMS - NSD
SUDBERRY/GATEWAY
DRAW COST FOR LOAN AGREEMENT
MOP 68834 PAINT
MOP 63850 MISC SUPPLIES - NSD
INVESTIGATIVE COURSE
BALLISTIC VESTS AND COVERS
ACCOUNT BDM36 MAY 2010
MOP 45714 MATERIALS & SUPPLIES
MANDATED COST CLAIMS 2008-2009
LABOR/MATERIALS/EQUIP REPAIR
SWEEPER REPAIRS
LABOR, PAINT & BODY REPAIRS
REFUND DUPLICATE PAYMENT
ANTIFREEZE WASTE DISPOSAL
PHONE SVC 06/07 - 07/06/10
PHONE SERVICE
LIABILITY CLAIM COSTS
MILK/DAIRY DELIVERY FOR NUTRITION
MOP 64096 WEARING APPAREL
REGULATOR
REFUND CITATION DISMISSED
CACEO ANNUAL SEMINAR
CACEO ANNUAL SEMINAR
COURT FILING & SERVICE
BREAD DELIVERY FOR NUTRITION
MOP 45698 ELECTRICAL MATERIALS
MOP 47557 AUTO PARTS
CA CIVIL DISCOVERY PRACTICE
MOP 45699 GAS
SVCS FOR LIABILITY - MAY 2010
HAZARDOUS WASTE PICKUP
DAR - DRUG RECOGNITION
DAR - DRUG RECOGNITION
POOL SERVICE, REPAIRS, PURCHASE
PC REV GC76000-761000/76101-MAY 2010
HIGH SPEED 60MB DATA CIRCUIT
LABOR, LOCATE OUTSIDE LEAK
WATER SOFTENER SERVICE
APRIL 2010 SERVICES
DEPOSIT 1374 BIBLE BAPTIST CHURCH
1/3
CHK NO DATE AMOUNT
236852 6/21/10 1,411.88
236853 6/22/10 27,784.65
236854 6/22/10 66.06
236855 6/22/10 7,500.00
236856 6/22/10 492.06
236857 6/22/10 166.26
236858 6/22/10 26.68
236859 6/22/10 2,567.50
236860 6/22/10 50.00
236861 6/22/10 3,437.68
236862 6/22/10 328.03
236863 6/22/10 179.95
236864 6/22/10 5,128.68
236865 6/22/10 1,655.60
236866 6/22/10 35.88
236867 6/22/10 2,950.00
236868 6/22/10 985.00
236869 6/22/10 766.00
236870 6/22/10 6,201.93
236871 6/22/10 35.00
236872 6/22/10 156.39
236873 6/22/10 5,133.61
236874 6/22/10 715.46
236875 6/22/10 135.00
236876 6/22/10 415.45
236877 6/22/10 117.43
236878 6/22/10 130.50
236879 6/22/10 50.00
236880 6/22/10 299.00
236881 6/22/10 299.00
236882 6/22/10 186.12
236883 6/22/10 72.00
236884 6/22/10 714.67
236885 6/22/10 270.25
236886 6/22/10 192.21
236887 6/22/10 71.03
236888 6/22/10 4,625.00
236889 6/22/10 1,632.60
236890 6/22/10 225.00
236891 5/22/10 225.00
236892 6/22/10 36.25
236893 6/22/10 8,815.00
236894 6/22/10 3,441.31
236895 6/22/10 270.00
236896 6/22/10 7.25
236897 6/22/10 5,979.50
236898 6/22/10 543.75
PAYEE
D MAX ENGINEERING INC
DAPPER TIRE COMPANY
DAVID REED LANDSCAPE ARCHITECT
DELL MARKETING CORP
DELTA DENTAL (PMI)
DEPARTMENT OF MOTOR VEHICLES
DILLARD
DOKKEN ENGINEERING
DOOLEY ENTERPRISES
DREW FORD
ECOLAB
ENTENMANN - ROVIN COMPANY
FEDEX
FEDEX
FINANCIAL INDEMNITY COMPANY
FINANCIAL INDEMNITY COMPANY
FLEET SERVICES INC
GRAINGER
HARRIS & ASSOCIATES INC
HD SUPPLY PLUMBING
HONEYWELL INTERNATIONAL INC
HORIZON HEALTH EAP
IKON OFFICE SOLUTIONS
J & M KEYSTONE INC
JACK IN THE BOX #3
JOHN DEERE LANDSCAPES
LEXIS-NEXIS
LOCANO
MASON'S SAW &
MUNISERVICES LLC
NAPA AUTO PARTS
NATIONAL CITY CAR WASH
NINYO & MOORE
PACIFIC AUTO REPAIR
PDSI
PEACE OFFICERS RESEARCH
PERRY FORD
PORAC LEGAL DEFENSE FUND
PRINT SENSE
PRO BUILD
PROFORCE LAW ENFORCEMENT
PROJECT PARTNERS INC
PROJECT PARTNERS INC
PRUDENTIAL OVERALL SUPPLY
PUBLIC EMP RETIREMENT SYSTEM
PUCH
RJA MANAGEMENT SERVICES
WARRANT REGISTER # 51
6/22/2010
DESCRIPTION
DEPOSIT 1372 - AUTOZONE
TIRES FOR CITY FLEET
ART CENTER PROJECTS PHASE 2
BASIC HARDWARE SERVICE
COBRA DENTAL INS PMI MAY 2010
2010 CA VEHICLE CODE BOOKS
FIRE COMMAND IC CLASS REIMB
MAY 2010 SERVICES
180 GR. FMJ, REDUCED LEAD
MOP 49078 AUTO PARTS
DISHWASHER SUPPLIES
DOME BADGES-ENGINEER/FIREFIGHTER
CALPERLA WORKSHOP MATERIALS-HR
DEPOSIT 1374 - BIBLE CHURCH PROJECT
PROPERTY INSURANCE
PROPERTY INSURANCE
MOP 67804 AUTO PARTS
MOP 65179 ELECTRICAL MATERIAL
8TH ST. CORIDOR SMART GROWTH
PLUMBING MATERIAL
MECHANICAL H.V.A.C.
EMP ASST PROGRAM - JUN 2010
COPIER MAINTENANCE
CARPET CLEANING
REFUND - DEPOSIT #694 T & A DEP
MOP 69277 SMALL TOOLS
ONLINE CHARGES FOR MAY 2010
REFUND FOR SIGNED TICKET
MOP 45729 AUTO PARTS
SALES -DISTRICT TAX AUDIT SVCS
MOP 45735 AUTO PARTS
CAR WASHES - MAY 2010
MATERIAL TESTING - MARINA GATEWAY
SMOG CERTIFICATION
TELESTAFF ANNUAL SVC/ SUPPORT
RESERVE MEMBERSHIP
LABOR/MAINTENANCE SVC
FOR LEGAL DEFENSE FUND
EL TOYON PLANS 24" X 36" 14 SHEET
MOP 45707 SMALL TOOLS
21 FT NON-CONDUCTIVE SIMULATION
ART CENTER PHASE II
DEPOSIT 1363 - MAP CHECK
MOP 45742 LAUNDRY SERVICE
SERVICE PERIOD 6-10-3
DEPOSIT#1380 EXPAND DRIVEWAY
FIRE REGIONALIZATION STUDY
2/3
CHK NO DATE AMOUNT
236899 6/22/10 470.00
236900 6/22/10 830.45
236901 6/22/10 755.79
236902 6/22/10 3,344.55
236903 6/22/10 40.97
236904 6/22/10 326.25
236905 6/22/10 138.00
236906 6/22/10 9,669.99
236907 6/22/10 6,528.30
236908 6/22/10 671.07
236909 6/22/10 206.71
236910 6/22/10 1,317.11
236911 6/22/10 154.40
236912 6/22/10 24.03
236913 6/22/10 30.76
236914 6/22/10 22.45
236915 6/22/10 5.87
236916 6/22/10 288.39
236917 6/22/10 40,823.0
236918 6/22/10 334.8v
236919 6/22/10 421.48
236920 6/22/10 830.56
236921 6/22/10 6,125.28
236922 6/22/10 781.25
236923 6/22/10 2,751.28
236924 6/22/10 356.21
236925 6/22/10 427.38
236926 6/22/10 120.00
236927 6/22/10 352.49
236928 6/22/10 15,562.06
236929 6/22/10 225.57
236930 6/22/10 336.00
236931 6/22/10 1,943.75
236932 6/22/10 55.00
236933 6/22/10 8,305.50
236934 6/22/10 130.00
236935 6/22/10 2,332.99
236936 6/22/10 156.00
236937 6/22/10 375.00
236938 6/22/10 977.77
236939 6/22/10 1,321.34
236940 6/22/10 25,391.25
236941 6/22/10 1,647.0r
236942 6/22/10 212.•
236943 6/22/10 279,633.63
236944 6/22/10 100.00
236945 6/22/10 4,000.00
PAYEE
RON BAKER CHEVROLET
RQL CONSTRUCTION INC
SAM'S ALIGNMENT SERVICE
SAN DIEGO CONCRETE CUTTING CO.
SD COUNTY MOTOR OFFICERS ASSOC
SDG&E
SOLANA CENTER
SOUTHLAND AUTO BODY
STANDARD AUTO RECYCLING
STAPLES ADVANTAGE
STARTECH COMPUTERS
STILES
STRATACOM
SYSCO SAN DIEGO
TETRA TECH ASL INC
THE LIGHTHOUSE INC
U S BANK CORPORATE PAYMT SYS
S BANK CORPORATE PAYMT SYS
S MARSHALS SERVICE
UNITED RENTALS
VERGARA
VERIZON WIRELESS
WADE & ASSOCIATES
WEST PAYMENT CENTER
RODRIGUEZ
TRISTAR RISK MANAGEMENT
SECTION 8 HAPS PAYMENTS
WARRANT REGISTER # 51
6/22/2010
DESCRIPTION
MOP 45751 AUTO PARTS
DEPOSIT#1383 PARADISE WALK
MISC PARTS/SHOCKS/PITMAN ARM
CONCRETE SAW CUTTING
POLICE MOTORCYCLE TRAINING
FACILITIES GAS & ELECTRIC
PURCHASING OF RECYCLED ITEMS
REFINISH/FRAME/ELECTRICAL LABOR
BACK DOOR/BUMPER
MOP 45704 OFFICE SUPPLIES-PD
MOP 61744 VELOCIRAPTOR
FIRE 206A INSTRUCTOR TRAINING
POST STORAGE IMPOUND FORM-PD
FOOD FOR NUTRITION CENTER
STREET RESURFACING
MOP 45726 AUTO PARTS
CREDIT CARD EXPENSES - CITY COUNCIL
CREDIT CARD EXP - MIS
ASSET SEIZED VEHICLES
CONCRETE BATCH PLANT MIX
REIMB-CODE ENFORCEMENT BOOKS
WIRELESS SVC 04/27 - 05/26/10
BAY MARINA GATEWAY
LIBRARY PLAN CHGS 5/05 - 6/04/10
PAYROLL
MAY 2010 WC REPLENISHMENT
Start Date End Date
6/16/2010 6/22/2010
3/3
CHK NO DATE AMOUNT
236946 6/22/10 47.46
236947 6/22/10 5,600.00
236948 6/22/10 1,095.94
236949 6/22/10 2,600.00
236950 6/22/10 260.00
236951 6/22/10 59,397.93
236952 6/22/10 1,224.50
236953 6/22/10 284.00
236954 6/22/10 768.25
236955 6/22/10 881.01
236956 6/22/10 1,058.73
236957 6/22/10 389.00
236958 6/22/10 363.39
236959 6/22/10 1,866.03
236960 6/22/10 14,868.50
236961 6/22/10 139.14
236962 6/22/10 361.40
236963 6/22/10 125.00
236964 6/22/10 17,172.50
236965 6/22/10 179.44
236966 6/22/10 130.83
236967 6/22/10 727.42
236968 6/22/10 30,208.50
236969 6/22/10 1,154.13
236970 6/22/10 365.42
30459657 6/16/10 35,274.54
A/P Total 693,924.83
19,330.36
GRAND TOTAL $ 713,255.19
Warrant Register # 51
6/22/2010
001 GENERAL FUND
105 PARKS MAINTENANCE FUND
109 GAS TAXES FUND
115 PARKS CAPITAL OUTLAY FUND
125 SEWER SERVICE FUND
131 ASSET FORFEITURE FUND
166 NUTRITION
172 TRASH RATE STABILIZATION FUND
307 PROPOSITION A" FUND
312 STP LOCAUTRANSNET HIGHWAY
502 SECTION 8 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
726 ENGINEERING/PUBLIC WORKS T & A DEPOSITS
374,281.34
659.46
14,192.00
6,935.00
6,565.98
17,352.45
2,567.44
2,995.87
32,300.23
6,960.76
21,323.61
27,784.65
73,216.00
66.06
35,500.14
40,087.75
4,132.03
3,461.76
1,183.73
10,017.80
2,972.01
14,829.21
1,411.88
510.97
11, 947.06
713,255.19
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: July 20, 2010
AGENDA ITEM NO. 14
EM TITLE:
A Public Hearing to consider the report required by California Health & Safety Code Section 5473, Et
Seq pertaining to collection of sewer charges on the tax roll, directing the City Clerk to file said report
with the San Diego County Auditor, and directing the Finance Director to certify with the San Diego
County Auditor the "Sewer Service Charge Fund". Sewer service fees will not increase for FY 10-11.
PREPARED BY: N. Maggiora
PHONE: 336-4580
EXPLANATION:
See attached Explanation.
DEPARTMENT: P blic W IgsAit,
APPROVED BY:
FINANCIAL STATEMENT:
ACCOUNT NO.
N/A
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
Hold the Public Hearing
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
planation
,)ort is on file in the City Clerk's Office
Explanation:
Pursuant to Ordinance No. 2003-2225, the City Council adopted a three-year sewer service fee
rate adjustment schedule commensurate with projected Regional wastewater treatment cost
increases and elected to have sewer service charges collected on the tax roll, as authorized by
California Health and Safety Code Section 5473 et seq.
California Health and Safety Code Section 5473 requires a written report to be prepared each
year and filed with the City Clerk, which should contain a description of each parcel of real
property receiving sewer services, and the amount of the charges for each parcel for the year.
California Health and Safety Code Section 5473.4 provides that on or before August 10 of each
year, the City Clerk shall file with the County Auditor a copy of the report prepared pursuant to
Section 5473 with a statement endorsed on the report over his signature that the report has
been adopted by the City Council, and the Auditor shall enter the amounts of the charges
against the respective lots or parcels of land as they appear on the current assessment roll.
By approving the proposed resolution, the City Council, would for FY2010-2011, adopt the
report required by California Health and Safety Code Section 5473, direct the report to be kept
on file in the Office of the City Clerk, and direct the City Clerk to file a copy of the report with the
County Auditor.
The City of National City sewer service fees are monthly flat rates, based on water consumption
for domestic users. For commercial and industrial users, the monthly charges are variable and
based on water consumption and on the strength of the sewage they generate (low, medium or
high). The table below summarizes the three-year rate plan adopted by the City in 2003.
National City Sewer Service Rates for FY 2004, 2005, and 2006
Residential Flat Rates (per
month)
FY 2004 FY 2005 FY 2006
Monthly Monthly Monthly
Single Family Residence
Multi -Family Residence
Mobile Homes
Commercial Variable Rates (per HCF)
Suspended Solids/BOD
Strength Category
Commercial - Low
Commercial - Medium Low
Commercial - Medium
Commercial - Medium High
Commercial - High
Suspended
Solids/BOD
Strength Range
<200 PPM
201 to 280 PPM
281 to 420 PPM
421 to 660 PPM
> 600 PPM
$ 22.08 $
$ 19.00 $
$ 13.50 $
$
$
$
2.85 $
3.09 $
3.84 $
4.60 $
5.75 $
28.08 $ 32.08
23.00 $ 25.00
17.50 $ 19.50
2.89 $ 3.03
3.13 $ 3.28
3.90 $ 4.09
4.68 $ 4.90
5.86 $ 6.12
It should be noted the City of National City sewer service fee have not increased since FY06
and is below the Regional average fee charge for this service. The table below is an illustration
of the fees charged by the major METRO Agency members.
Monthly Rates are based on single family residence charged for 10 HCF (Hundred Cubic Feet).
Agency
Del Mar
Padre Dam MWD
Poway
San Diego
La Mesa
Chula Vista
Otay Water District
Alpine
Lemon Grove
National City
Impenat Beach
Coronado
Lakeside
Spring Valley
El Cajon
Wintergardens
2009
$84.40
$53.22
$66.99
$47.62
$40.97
$37.25
$32.70
$34.38
$37,32
$32.08
$35.58
$31.64
$31.67
$28.00
$25.90
$18.00
2010
$95.05
$56.14
$49.96
$54.49
$40.97
.43
$34.83
$40.18
$32.08
$37.53
$31.64
$31.67
$28.00
$25.90
$18.00
Date
Implemented
07/01/10
01/01/10
01/01/10
05/01/10
No change
07/01/10
No change
No change
07/01/10
No change
07/01/10
No change
No change
No change;,
No change
No change
Average
Maximum
Minimum
$ 41.27
$ 95.05
$ 18.00
The cost of wastewater collection, transportation and treatment had increased dramatically in
the years prior to 2003. The sewer service rate plan adopted by the City Council in 2003
provided sufficient revenues to cover these costs and those of the NPDES permit compliance
activities necessary to eliminate the amount of urban run-off pollution that enters our storm drain
system. These rates are still applicable today baring any unforeseen changes. Currently, the
Participating Agencies through the METRO Wastewater Joint Power Authority, along with the
City of San Diego that operates, maintains and administers the regional facilities that transport,
treat and dispose of the area's effluent is working on renewing the waiver for secondary
treatment at the Point Loma Treatment Plant, the completion of all past years audits and a
revised Sewage Transportation Agreement, which may increase the rates paid to the member
Agencies. The City Of National City, as a Participating Agency and interested party, is actively
working with METRO/JPA and San Diego staff to assure the increase, if any, is justifiable and
fair to all member Agencies. Staff will keep you informed regarding this potentially significant
issue as the study progresses.
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: July 20, 2010
AGENDA ITEM NO. 15
all 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), 18.108 (Nonconforming Uses) and 18.140 (Mixed Uses) to Provide Standards for
the Westside Specific Plan Area. (Applicant: City) (Case File 2007-34 GPA, ZC, SPA, EIR)
PREPARED BY: Peggy Chapin DEPARTMENT: De op nt Svcs/Planning
PHONE: 619-336-4319 APPROVED B •
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.
On June 22, 2010, the City Council had the first reading of this Ordinance. That Ordinance inadvertently omitted
a portion of the amendments referencing non -conforming uses. Therefore, this Ordinance is being re -introduced
first reading.
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:
x
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), CHAPTER 18.108 (NONCONFORMING USES),
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:
RESIDENTIAL ZONES
Categories
(Symbols)
R S-1
RS-2
RS-3
RS-4***
RT
RM-1
R M-2**
RM-3**
RMH
Descriptions
Residential
Residential
Residential
Residential
Residential
Residential
Residential
Residential
Residential
COMMERCIAL ZONES
CT
CA
CL
CM
CH
CG
CSC
TABLE 1*
Single-family Large Lot
Single-family Small Lot
Single-family Extendible
Single-family
Two-family
Multi -family
Multi -family
Senior Citizen Housing
Mobile Home Park
Commercial Tourist
Commercial Automotive
Commercial Limited
Commercial Medium
Commercial Heavy
Commercial — General
Commercial 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.
Ordinance No. 2010 — 2 Amending Title 18
Westside Specific Plan Standards
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.
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
uses
18.04.050
X
X
X
X
X
X
X
X
X
X
2
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
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. See Appendix, Westside Specific Plan Land Use table.
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
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_
18.14.300 Yards and courts in multi -family residential projects.
Ordinance No. 2010 — 6 Amending Title 18
Westside Specific Plan Standards
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 budding 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 Tess.
B. Yard and 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. Amold 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, Westside Specific Plan Land Use table.
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
Ob
0b
10a
CG
10f
0
0
4g
CH
5
0 c
0 c
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 Fencing. Wood fences are 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,
not adjacent to residential uses, 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 any newly -developed 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.
Ordinance No. 2010 — 10 Amending Title 18
Westside Specific Plan Standards
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.
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.
3 spaces, including 2 spaces in a garage or carport, per dwelling unit
with more than 2,500 square feet in floor area.
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.
3 spaces, including 2 spaces in a garage or carport, per dwelling unit
with more than 2,500 square feet in floor area.
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 Tess.
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
Ordinance No. 2010 —
12 Amending Title 18
Westside Specific Plan Standards
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 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.
Ordinance No. 2010 —
13 Amending Title 18
Wesiside Specific Plan Standards
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
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.
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
Ordinance No. 2010 —
14
Amending Title 18
Westside Specific Plan Standards
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
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.
Ordinance No. 2010 —
15 Amending Title 18
Westside Specific Plan Standards
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_
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.
1. "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
Ordinance No. 2010 —
16 Amending Title 18
Westside Specific Plan Standards
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).
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.
Ordinance No. 2010 —
17 Amending Title 18
Westside Specific Plan Standards
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.
11. "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 signs —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 any
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
Ordinance No. 2010 —
18 Amending Title 18
Westside Specific Plan Standards
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:
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 18.108 of the National City Municipal Code is hereby amended
by amending Sections 18.108.030 and 18.108.100 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 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
Ordinance No. 2010 — 19 Amending Title 18
Westside Specific Plan Standards
use permit 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 Appendix A of the
Westside Specific Plan.
2. A nonconforming use that converts to another nonconforming use from
Appendix A may enlarge and alter their footprint to the extent allowed in Section 18.108.030.
C. 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.
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:
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.
Ordinance No. 2010 —
20 Amending Title 18
Westside Specific Plan Standards
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.
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 altemative 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 Tess 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.
Ordinance No. 2010 —
21 Amending Title 18
Westside Specific Plan Standards
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.
PASSED and ADOPTED this day of , 2010.
Ron Morrison, Mayor
ATTEST: APPROVED AS TO FORM:
Michael R. Dalla, City Clerk Claudia G. Silva, Esq.
Acting City Attorney
Ordinance No. 2010 —
22 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
G
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
-
3
Transportation Terminals
-
C
C
C
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
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 CL)
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
X
X
-
-
14
Drive-thru/drive-in take-out
eating places
18.104.180
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
18.204220
-
X
X
X
-
-
X = Permitted Use
C = Requires approval of a
Conditional Use Permit
iv
- = 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
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
-
-
-
-
-
-
CarWash
-
-
-
-
-
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
- = Not Permitted Use
vi
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
(Mining 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.
18.104260
-
--
-
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, including
intemet sales
18.104.310
—
X
X
X
X
-
Artist and craft studios and
similar cottage industry
X
X
X
X
-
X = Permitted Use
C = Requires approval of a
Conditional Use Permit
- = Not Permitted Use
viii
APPENDIX A
Westside Specific Plan
Land Use
Group
No
Use #
Use Group'
Reference
Zones
RS-4
MCR-1
MCR-2
CL
IC
OSR
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
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
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
fRSE SinglrFam:ly Ealel. • RSE
RS 1 f 5 real.-Fece.0 Le, Lei • RSl
',REx S'0 Famny Small Lot eat
�RS315 p F Jy Exl.edld1.. RS,
SInple.Ferrely
,ceeemily.R
- rAun fe ty Eeten]nle
▪ MUIbFem Iy Laded
- den10e Cede, dela,
- Mchlla Home Pea
COMMERCIAL
- /Lion .N, Commensal
- Gana* Gemmed.:
- binned CcenoccIal
- M.Clum Ccmmwe.l
- Heavy Lana,.
- Too. commwi al
- S0OJp nq Center GOmme'" al
MULTI USE
▪ Mu'll-°e. Cpmme•pnl desiaeloal
▪ Muni-V..Ccmme•ciel.Rasidenlial
• Chia Canler Dlhv Dialne
▪ ai5III.U.e Gomm.rcl.I.Raele.neal
-Trenel.OMnled Oevelcpmml
INDUSTRIAL
IfMLR 1 LIai M.nule0u1100 Rea:anli01
e"Y`aSLN Llglll Manufeouhng
smisM.G0m rearadapluem0
- Heev/ M.nuleel1nnq
Tdelenda MenufacM1mnq
INSTITUTIONAL
- CINn nyilu5anal
- PrIVN.Intl l 11L one,
- Dom Spate Referee
ralall '11110110 R yfngll5n
O`'ERLA' S
0S f Open Space
PORennep 0,u.I1 marl
-10 Planed UM Oevmapm00,
• N f Height Res/slap, iin eeel'.
CZ 0paslel Zone
UPO I Una ed Pen D. add
I Gene'el P'en. Ream,
Adool.d',
Ally Cglncll RfeolWlon No.
AS Mended 60: 6102003.3. 1. 5 and 6P02001.1. 2
and CP-2005.2. I and 06.2005.1 end
2007.16 60one 20074a 61
NATIONAL CITY,
CALIFORNIA
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CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: July 20, 2010
AGENDA ITEM NO.1P
TEM TITLE:
Introduction of an Ordinance of the City of National City to Approve an Amendment to the Contract
Between the Board of Administration California Public Employees' Retirement System and the City
Council of the City of National City to Provide for a 2% @ 60 Full Formula Benefit for Miscellaneous
Members Entering Membership for the First Time in the Municipal Employees' Association and
Confidential Subgroups
PREPARED BY: Stacey Stevenson DEPARTMENT: ...- sr.ou ces
PHONE: 336-4308 APPROVED : /jr�
EXPLANATION: AM'
As provided for in the current contract between the City of National City and CaIPERS, City of National
City employees working in designated miscellaneous classifications have a retirement formula of 3% @
60 (Section 21354.3). On May 18, 2010, the City Council of the City of National City voted to effectuate
a two tiered retirement system under which individuals hired into the City's Municipal Employees'
Association and Confidential groups (sub categories of the Miscellaneous employees group) for the first
time will not receive the benefit of the 3% @ 60 formula. Instead, such new hires will receive a benefit of
2% @ 60 (Section 21353). Such a change is allowable under Section 20475 (Different Level of
Benefits).
FINANCIAL STATEMENT:
ACCOUNT NO.
APPROVED:
APPROVED:
The change in formula is projected to result in an ultimate savings of 4.754% of the City's annual
payment to CalPERS. The timeline for savings is dependent on the City's hiring patterns.
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
Finance
MIS
STAFF RECOMMENDATION:
Recommend adoption of the Ordinance
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
dinance
ORDINANCE NO. 2010 —
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
APPROVING AN AMENDMENT TO THE CONTRACT BETWEEN
THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC
EMPLOYEES' RETIREMENT SYSTEM AND THE CITY OF NATIONAL CITY TO
PROVIDE FOR A 2% @ 60 FULL FORMULA BENEFIT FOR
MISCELLANEOUS MEMBERS ENTERING MEMBERSHIP FOR
THE FIRST TIME IN THE MUNICIPAL EMPLOYEES'
ASSOCIATION AND CONFIDENTIAL SUBGROUP
WHEREAS, the City Council of the City of National City does ordain as follows:
Section 1. That an amendment to the contract between the City Council of
the City of National City and the Board of Administration, California Public Employees'
Retirement System is hereby authorized, a copy of said amendment being attached hereto,
marked as Exhibit "A", and by such reference made a part hereof set out in full.
Section 2. The Mayor of the City of National City is hereby authorized,
empowered, and directed to execute said amendment for and on behalf of the City of National
City.
Section 3. This Ordinance shall take effect 30 days after the date of its
adoption, and prior to the expiration of 15 days from the passage thereof shall be published at
least once in the San Diego Union -Tribune, a newspaper of general circulation, published and
circulated in the City of National City, and thenceforth and thereafter the same shall be in full
force and effect.
PASSED and ADOPTED this day of , 2010.
Ron Morrison, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
Claudia G. Silva, Esq.
Acting City Attorney
Ca1PERS
California
Public Employees' Retirement System
EXHIBIT
4110.
AMENDMENT TO CONTRACT
Between the
Board of Administration
California Public Employees' Retirement System
and the
City Council
City of National City
The Board of Administration, California Public Employees' Retirement System,
hereinafter referred to as Board, and the governing body of the above public agency,
hereinafter referred to as Public Agency, having entered into a contract effective July 1,
1948, and witnessed May 1, 1948, and as amended effective March 1, 1954, July 1,
1954, April 1, 1956, April 1, 1970, December 1, 1972, September 28, 1973, October 1,
1973, March 1, 1974, October 1, 1974, January 16, 1977, October 16, 1978, October 1,
1980, July 16, 1983, January 1, 1985, December 27, 1988, December 12, 1989,
November 15, 1991, December 27, 1991, June 11, 1993, May 2, 1996, July 9, 2002,
September 17, 2002, July 6, 2004 and January 27, 2009, and March 18, 2010 which
provides for participation of Public Agency in said System, Board and Public Agency
hereby agree as follows:
A. Paragraphs 1 through 17 are hereby stricken from said contract as executed
effective March 18, 2010, and hereby replaced by the following paragraphs
numbered 1 through 18 inclusive:
1. All words and terms used herein which are defined in the Public
Employees' Retirement Law shall have the meaning as defined therein
unless otherwise specifically provided. "Normal retirement age" shall
mean age 60 for local miscellaneous members; age 50 for local fire
members; age 50 for local police members entering membership in the
police classification on or prior to March 18, 2010; and age 55 for local
police members entering membership for the first time in the police
classification after March 18, 2010.
2. Public Agency shall participate in the Public Employees' Retirement
System from and after July 1, 1948 making its employees as hereinafter
provided, members of said System subject to all provisions of the Public
Employees' Retirement Law except such as apply only on election of a
contracting agency and are not provided for herein and to all amendments
to said Law hereafter enacted except those, which by express provisions
thereof, apply only on the election of a contracting agency.
3. Public Agency agrees to indemnify, defend and hold harmless the
Califomia Public Employees' Retirement System (CaIPERS) and its
trustees, agents and employees, the CaIPERS Board of Administration,
and the Califomia Public Employees' Retirement Fund from any claims,
demands, actions, losses, liabilities, damages, judgments, expenses and
costs, including but not limited to interest, penalties and attorneys fees
that may arise as a result of any of the following:
(a) Public Agency's election to provide retirement benefits,
provisions or formulas under this Contract that are different than
the retirement benefits, provisions or formulas provided under
the Public Agency's prior non-CaIPERS retirement program.
Public Agency's election to amend this Contract to provide
retirement benefits, provisions or formulas that are different than
existing retirement benefits, provisions or formulas.
Public Agency's agreement with a third party other than
CaIPERS to provide retirement benefits, provisions, or formulas
that are different than the retirement benefits, provisions or
formulas provided under this Contract and provided for under
the Califomia Public Employees' Retirement Law.
(d) Public Agency's election to file for bankruptcy under Chapter 9
(commencing with section 901) of Title 11 of the United States
Bankruptcy Code and/or Public Agency's election to reject this
Contract with the CaIPERS Board of Administration pursuant to
section 365, of Title 11, of the United States Bankruptcy Code
or any similar provision of law.
(e) Public Agency's election to assign this Contract without the prior
written consent of the CaIPERS' Board of Administration.
(f) The termination of this Contract either voluntarily by request of
Public Agency or involuntarily pursuant to the Public Employees'
Retirement Law.
(g) Changes sponsored by Public Agency in existing retirement
benefits, provisions or formulas made as a result of
amendments, additions or deletions to California statute or to
the California Constitution.
PLEASE DO NOT SIGN ".'72
4. Employees of Public Agency in the following classes shall become
members of said Retirement System except such in each such class as
are excluded by law or this agreement:
a. Local Fire Fighters (herein referred to as local safety members);
b. Local Police Officers (herein referred to as local safety members);
c. Employees other than local safety members (herein referred to as
local miscellaneous members).
5. In addition to the classes of employees excluded from membership by
said Retirement Law, the following classes of employees shall not become
members of said Retirement System:
NO ADDITIONAL EXCLUSIONS
6. Prior to January 1, 1975, those members who were hired by Public
Agency on a temporary and/or seasonal basis not to exceed 6 months
were excluded from PERS membership by contract. Govemment Code
Section 20305 supersedes this contract provision by providing that any
such temporary and/or seasonal employees are excluded from PERS
membership subsequent to January 1, 1975.
7 This contract shall be a continuation of the contract of the Community
Development Commission of the City of National City, hereinafter referred
to as "Former Agency". The accumulated contributions, assets and
liability for prior and current service under the Former Agency's contract
shall be merged pursuant to Section 20508 of the Govemment Code.
Such merger occurred March 20, 2008.
8. The percentage of final compensation to be provided for each year of
credited prior and current service as a local miscellaneous member in
employment before and not on or after September 17, 2002 shall be
determined in accordance with Section 21354 of said Retirement Law
(2% at age 55 Full).
9. The percentage of final compensation to be provided for each year of
credited prior and current service as a local miscellaneous member in
employment on or after September 17, 2002 and not entering membership
for the first time in the miscellaneous classification after the effective date
of this amendment to contract shall be determined in accordance with
Section 21354.3 of said Retirement Law (3% at age 60 Full).
PLEASE L JU
10. The percentage of final compensation to be provided for each year of
credited current service as a local miscellaneous member entering
membership for the first time in the miscellaneous classification after the
effective date of this amendment to contract shall be determined in
accordance with Section 21353 of said Retirement Law (2% at age 60
Full).
11. The percentage of final compensation to be provided for each year of
credited prior and current service as a local fire member and for those
local police members entering membership in the police classification on
or prior to March 18, 2010 shall be determined in accordance with Section
21362.2 of said Retirement Law (3% at age 50 Full).
12. The percentage of final compensation to be provided for each year of
credited current service as a local police member entering membership for
the first time in the police classification after March 18, 2010 shall be
determined in accordance with Section 21363.1 of said Retirement Law
(3% at age 55 Full).
13. Public Agency elected and elects to be subject to the following optional
provisions:
a. Section 20425 ("Local Police Officer" shall include employees of a
police department who were employed to perform identification or
communication duties on August 4, 1972 and who elected to be
local safety members).
b. Section 21222.1 (One -Time 5% Increase - 1970). Legislation
repealed said Section effective January 1, 1980.
c. Sections 21624 and 21626 (Post -Retirement Survivor Allowance).
d. Section 21573 (Third Level of 1959 Survivor Benefits).
e. Section 20965 (Credit for Unused Sick Leave).
f. Section 21325 (One -Time 3% to 15% Increase For Local
Miscellaneous Members Who Retired or Died Prior to January 1,
1974). Legislation repealed said Section effective January 1, 2002.
g.
Section 20042 (One -Year Final Compensation).
h. Section 20903 (Two Years Additional Service Credit).
Section 20475 (Different Level of Benefits). Section 21363.1 (3%
@ 55 Full formula) is applicable to local police members entering
membership for the first time in the police classification after March
18, 2010,and
Section 21353 (2% @ 60 Full formula) is applicable to local
miscellaneous members entering membership for the first time in
the miscellaneous classification after the effective date of this
amendment to contract.
14. Public Agency, in accordance with Government Code Section 20790,
ceased to be an "employer' for purposes of Section 20834 effective on
January 16, 1977. Accumulated contributions of Public Agency shall be
fixed and determined as provided in Government Code Section 20834,
and accumulated contributions thereafter shall be held by the Board as
provided in Government Code Section 20834.
15. Public Agency shall contribute to said Retirement System the contributions
determined by actuarial valuations of prior and future service liability with
respect to local miscellaneous members and local safety members of said
Retirement System.
16. Public Agency shall also contribute to said Retirement System as follows:
a. Contributions required per covered member on account of the 1959
Survivor Benefits provided under Section 21573 of said Retirement
Law. (Subject to annual change.) In addition, all assets and
liabilities of Public Agency and its employees shall be pooled in a
single account, based on term insurance rates, for survivors of all
local miscellaneous members and local safety members.
b. A reasonable amount, as fixed by the Board, payable in one
installment within 60 days of date of contract to cover the costs of
administering said System as it affects the employees of Public
Agency, not including the costs of special valuations or of the
periodic investigation and valuations required by law.
c. A reasonable amount, as fixed by the Board, payable in one
installment as the occasions arise, to cover the costs of special
valuations on account of employees of Public Agency, and costs of
the periodic investigation and valuations required by law.
17. Contributions required of Public Agency and its employees shall be
subject to adjustment by Board on account of amendments to the Public
Employees' Retirement Law, and on account of the experience under the
Retirement System as determined by the periodic investigation and
valuation required by said Retirement Law.
18. Contributions required of Public Agency and its employees shall be paid
by Public Agency to the Retirement System within fifteen days after the
end of the period to which said contributions refer or as may be prescribed
by Board regulation. If more or less than the correct amount of
contributions is paid for any period, proper adjustment shall be made in
connection with subsequent remittances. Adjustments on account of
errors in contributions required of any employee may be made by direct
payments between the employee and the Board.
B. This amendment shall be effective on the
BOARD OF ADMINISTRATION
PUBLIC EMPLOYE:4 RETIREMENT SYSTEM
BY
LORI MCGARTLANI_CHIEF
EMPLOYER SERVICES DIVISION
PUBLIC EMPLOYEE'_wRETIREMENT SYSTEM
day of
CITY COUNCIL
CITY OF NATIONAL CITY
BY
PRESIDIrt.10 OFFICER
Witness Rate
Attest:
Clerk
AMENDMENT ER# 190
PERS-CON-702A
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: July 20, 2010
AGENDA ITEM NO. 17
'EM TITLE:
Resolution of Intention of the City of National City to Approve an Amendment to the Contract Between
the Board of Administration California Public Employees' Retirement System and the City Council of
the City of National City to Provide for a 2% @ 60 Full Formula Benefit for Miscellaneous Members
Entering Membership for the First Time in the Municipal Employees' Association and Confidential
Subaroubs
PREPARED BY: Stacey Stevenson DEPARTMENT: - so1j s
PHONE: 336-4308 APPROVED BY
EXPLANATION:
As provided for in the current contract between the City of National City and CaIPERS, City of National
City employees working in designated miscellaneous classifications have a retirement formula of 3% @
60 (Section 21354.3). On May 18, 2010, the City Council of the City of National City voted to effectuate
a two tiered retirement system under which individuals hired into the City's Municipal Employees'
Association and Confidential groups (sub categories of the Miscellaneous employees group) for the first
time will not receive the benefit of the 3% @ 60 formula. Instead, such new hires will receive a benefit of
2% @ 60 (Section 21353). Such a change is allowable under Section 20475 (Different Level of
Benefits).
FINANCIAL STATEMENT:
ACCOUNT NO.
APPROVED:
APPROVED:
The change in formula is projected to result in an ultimate savings of 4.754% of the City's annual
payment to CaIPERS. The timeline for savings is dependent on the City's hiring patterns.
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
Finance
MIS
STAFF RECOMMENDATION:
Recommend approval of Resolution
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
,solution
RESOLUTION NO. 2010 —
RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD
OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE CITY OF NATIONAL CITY TO PROVIDE FOR A 2% @ 60 FULL FORMULA
BENEFIT FOR MISCELLANEOUS MEMBERS ENTERING MEMBERSHIP FOR THE FIRST
TIME IN THE MUNICIPAL EMPLOYEES' ASSOCIATION AND CONFIDENTIAL SUBGROUPS
WHEREAS, the Public Employees' Retirement Law permits the participation of
public agencies and their employees in the Public Employees' Retirement System by the
execution of a contract, and sets forth theprocedure by which said public agencies may elect to
subject themselves and their employees to amendments to said Law; and
WHEREAS, one of the steps in the procedures to amend this contract is the
adoption by the City Council of a resolution giving notice of its intention to approve an
amendment to said contract, which resolution shall contain a summary of the change proposed
in said contract; and
WHEREAS, the following is a statement of the proposed change:
To provide Section 20475 (Different Level Benefits).
Section 21353 (2% @ 60 Full formula) is applicable to
local miscellaneous members entering membership for
the first time in the miscellaneous classification after the
effective date of this amendment to contract.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City does hereby gives notice of intention to approve an amendment to the contract
between the City of National City and the Board of Administration of the Public Employees'
Retirement System to provide for a 2% @ 60 Full formula benefit for Miscellaneous Members
entering membership for the first time in the Municipal Employees' Association and Confidential
Subgroups, a copy of said amendment being attached hereto as Exhibit "A", and by this
reference made a part hereof. Said Amendment to Contract is on file in the office of the City
Clerk.
PASSED and ADOPTED this 20th day of July, 2010.
Ron Morrison, Mayor
ATTEST: APPROVED AS TO FORM:
Michael R. Dalla, City Clerk Claudia G. Silva
Acting City Attorney
CaIPERS
California
Public Employees' Retirement System
EXHIBIT
Y 4 Y
AMENDMENT TO CONTRACT
Between the
Board of Administration
California Public Employees' Retirement System
and the
City Council
City of National City
40.
The Board of Administration, California Public Employees' Retirement System,
hereinafter referred to as Board, and the governing body of the above public agency,
hereinafter referred to as Public Agency, having entered into a contract effective July 1,
1948, and witnessed May 1, 1948, and as amended effective March 1, 1954, July 1,
1954, April 1, 1956, April 1, 1970, December 1, 1972, September 28, 1973, October 1,
1973, March 1, 1974, October 1, 1974, January 16, 1977, October 16, 1978, October 1,
1980, July 16, 1983, January 1, 1985, December 27, 1988, December 12, 1989,
November 15, 1991, December 27, 1991, June 11, 1993, May 2, 1996, July 9, 2002,
September 17, 2002, July 6, 2004 and January 27, 2009, and March 18, 2010 which
provides for participation of Public Agency in said System, Board and Public Agency
hereby agree as follows:
A. Paragraphs 1 through 17 are hereby stricken from said contract as executed
effective March 18, 2010, and hereby replaced by the following paragraphs
numbered 1 through 18 inclusive:
1. All words and terms used herein which are defined in the Public
Employees' Retirement Law shall have the meaning as defined therein
unless otherwise specifically provided. "Normal retirement age" shall
mean age 60 for local miscellaneous members; age 50 for local fire
members; age 50 for local police members entering membership in the
police classification on or prior to March 18, 2010; and age 55 for local
police members entering membership for the first time in the police
classification after March 18, 2010.
e S s
2. Public Agency shall participate in the Public Employees' Retirement
System from and after July 1, 1948 making its employees as hereinafter
provided, members of said System subject to all provisions of the Public
Employees' Retirement Law except such as apply only on election of a
contracting agency and are not provided for herein and to all amendments
to said Law hereafter enacted except those, which by express provisions
thereof, apply only on the election of a contracting agency.
3. Public Agency agrees to indemnify, defend and hold harmless the
California Public Employees' Retirement System (CalPERS) and its
trustees, agents and employees, the CaIPERS Board of Administration,
and the California Public Employees' Retirement Fund from any claims,
demands, actions, losses, liabilities, damages, judgments, expenses and
costs, including but not limited to interest, penalties and attorneys fees
that may arise as a result of any of the following:
(a) Public Agency's election to provide retirement benefits,
provisions or formulas under this Contract that are different than
the retirement benefits, provisions or formulas provided under
the Public Agency's prior non-CalPERS retirement program.
(b) Public Agency's election to amend this Contract to provide
retirement benefits, provisions or formulas that are different than
existing retirement benefits, provisions or formulas.
(c) Public Agency's agreement with a third party other than
CalPERS to provide retirement benefits, provisions, or formulas
that are different than the retirement benefits, provisions or
formulas provided under this Contract and provided for under
the California Public Employees' Retirement Law.
(d) Public Agency's election to file for bankruptcy under Chapter 9
(commencing with section 901) of Title 11 of the United States
Bankruptcy Code and/or Public Agency's election to reject this
Contract with the CalPERS Board of Administration pursuant to
section 365, of Title 11, of the United States Bankruptcy Code
or any similar provision of law.
(e) Public Agency's election to assign this Contract without the prior
written consent of the CalPERS' Board of Administration.
(f)
(g)
The termination of this Contract either voluntarily by request of
Public Agency or involuntarily pursuant to the Public Employees'
Retirement Law.
Changes sponsored by Public Agency in existing retirement
benefits, provisions or formulas made as a result of
amendments, additions or deletions to California statute or to
the California Constitution.
PLEASE DO S
4. Employees of Public Agency in the following classes shall become
members of said Retirement System except such in each such class as
are excluded by law or this agreement:
a. Local Fire Fighters (herein referred to as local safety members);
b. Local Police Officers (herein referred to as local safety members);
c Employees other than local safety members (herein referred to as
local miscellaneous members).
5. In addition to the classes of employees excluded from membership by
said Retirement Law, the following classes of employees shall not become
members of said Retirement System:
NO ADDITIONAL EXCLUSIONS
6. Prior to January 1, 1975, those members who were hired by Public
Agency on a temporary and/or seasonal basis not to exceed 6 months
were excluded from PERS membership by contract. Government Code
Section 20305 supersedes this contract provision by providing that any
such temporary and/or seasonal employees are excluded from PERS
membership subsequent to January 1, 1975.
7. This contract shall be a continuation of the contract of the Community
Development Commission of the City of National City, hereinafter referred
to as "Former Agency". The accumulated contributions, assets and
liability for prior and current service under the Former Agency's contract
shall be merged pursuant to Section 20508 of the Government Code.
Such merger occurred March 20, 2008.
8. The percentage of final compensation to be provided for each year of
credited prior and current service as a local miscellaneous member in
employment before and not on or after September 17, 2002 shall be
determined in accordance with Section 21354 of said Retirement Law
(2% at age 55 Full).
9. The percentage of final compensation to be provided for each year of
credited prior and current service as a local miscellaneous member in
employment on or after September 17, 2002 and not entering membership
for the first time in the miscellaneous classification after the effective date
of this amendment to contract shall be determined in accordance with
Section 21354.3 of said Retirement Law (3% at age 60 Full).
PCnn tt�
L tiiiz 0NOT S
10. The percentage of final compensation to be provided for each year of
credited current service as a local miscellaneous member entering
membership for the first time in the miscellaneous classification after the
effective date of this amendment to contract shall be determined in
accordance with Section 21353 of said Retirement Law (2% at age 60
Full).
11. The percentage of final compensation to be provided for each year of
credited prior and current service as a local fire member and for those
local police members entering membership in the police classification on
or prior to March 18, 2010 shall be determined in accordance with Section
21362.2 of said Retirement Law (3% at age 50 Full).
12. Thepercentage of final compensation to be provided for each year of
credited current service as a local police member entering membership for
the first time in the police classification after March 18, 2010 shall be
determined in accordance with Section 21363.1 of said Retirement Law
(3% at age 55 Full).
13. Public Agency elected and elects to be subject to the following optional
provisions:
a. Section 20425 ("Local Police Officer" shall include employees of a
police department who were employed to perform identification or
communication duties on August 4, 1972 and who elected to be
local safety members).
b. Section 21222.1 (One -Time 5% Increase - 1970). Legislation
repealed said Section effective January 1, 1980.
c. Sections 21624 and 21626 (Post -Retirement Survivor Allowance).
d. Section 21573 (Third Level of 1959 Survivor Benefits).
e. Section 20965 (Credit for Unused Sick Leave).
f. Section 21325 (One -Time 3% to 15% Increase For Local
Miscellaneous Members Who Retired or Died Prior to January 1,
1974). Legislation repealed said Section effective January 1, 2002.
g.
Section 20042 (One -Year Final Compensation).
h. Section 20903 (Two Years Additional Service Credit).
i. Section 20475 (Different Level of Benefits). Section 21363.1 (3%
@ 55 Full formula) is applicable to local police members entering
membership for the first time in the police classification after March
18, 2010,and
Section 21353 (2% @ 60 Full formula) is applicable to local
miscellaneous members entering membership for the first time in
the miscellaneous classification after the effective date of this
amendment to contract.
14. Public Agency, in accordance with Government Code Section 20790,
ceased to be an "employer" for purposes of Section 20834 effective on
January 16, 1977. Accumulated contributions of Public Agency shall be
fixed and determined as provided in Government Code Section 20834,
and accumulated contributions thereafter shall be held by the Board as
provided in Government Code Section 20834.
15. Public Agency shall contribute to said Retirement System the contributions
determined by actuarial valuations of prior and. future service liability with
respect to local miscellaneous members and local safety members of said
Retirement System.
16. Public Agency shall also contribute to said Retirement System as follows:
a. Contributions required per covered member on account of the 1959
Survivor Benefits provided under Section 21573 of said Retirement
Law. (Subject to annual change.) In addition, all assets and
liabilities of Public Agency and its employees shall be pooled in a
single account, based on term insurance rates, for survivors of all
local miscellaneous members and local safety members.
b. A reasonable amount, as fixed by the Board, payable in one
installment within 60 days of date of contract to cover the costs of
administering said System as it affects the employees of Public
Agency, not including the costs of special valuations or of the
periodic investigation and valuations required by law.
c. A reasonable amount, as fixed by the Board, payable in one
installment as the occasions arise, to cover the costs of special
valuations on account of employees of Public Agency, and costs of
the periodic investigation and valuations required by law.
17. Contributions required of Public Agency and its employees shall be
subject to adjustment by Board on account of amendments to the Public
Employees' Retirement Law, and on account of the experience under the
Retirement System as determined by the periodic investigation and
valuation required by said Retirement Law.
18. Contributions required of Public Agency and its employees shall be paid
by Public Agency to the Retirement System within fifteen days after the
end of the period to which said contributions refer or as may be prescribed
by Board regulation.- If more or Tess than the correct amount of
contributions is paid for any period, proper adjustment shall be made in
connection with subsequent remittances. Adjustments on account of
errors in contributions required of any employee may be made by direct
payments between the employee and the Board.
B. This amendment shall be effective on the day of
BOARD OF ADMINISTRATION CITY COUNCIL
PUBLIC EMPLOYE RETIREMENT SYSTEM CITY OF NATIONAL CITY
r`_
r 'n
BY BY O
LORI MCGARTLANI HIEF
EMPLOYER SERVICE DIVISION
PUBLIC EMPLOYEE' ETIREMENT SYSTEM
AMENDMENT ER# 190
PERS-CON-702A
PRESIDIfSI OFFICER
r
Witness Gkafe
Attest:
Clerk
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: July 20, 2010
AGENDA ITEM NO. 118
'EM TITLE:
Resolution of the City Council of the City of National City Authorizing Additional Funds of Up to $500,000
from General Fund Contingency Reserves to Fund the City's Employee Voluntary Separation Program
PREPARED BY: Stacey Stevenson
PHONE: 336-4308
EXPLANATION:
See attached staff report
DEPARTMENT: Humourc
APPROVED BY:
FINANCIAL STATEMENT:
ACCOUNT NO.
APPROVED:
APPROVED:
Finance
MIS
Transfer $500,000 from the General Fund Contingency Reserves (001-2501) to the Personnel Compensation
Fund (212-2501). With this transfer, the Contingency Reserve Balance is $8,116,444 which is $3.7 million below
the target level of $9.8 million.
ENVIRONMENTAL REVIEW:
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
STAFF RECOMMENDATION:
Recommend approval of resolution
BOARD / COMMISSION RECOMMENDATION:
ATTACHMENTS:
ff report
RESOLUTION NO. 2010 —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING ADDITIONAL FUNDS OF UP TO $500,000 FROM
THE GENERAL FUND CONTINGENCY RESERVES TO FUND
THE CITY'S EMPLOYEE VOLUNTARY SEPARATION PROGRAM
WHEREAS, on June 8, 2010, the City Council adopted Resolution No. 2010-121,
authorizing the City Manager to execute an Employee Voluntary Separation Program; and
WHEREAS, due to a higher than expected level of applications submitted for
consideration, staff recommends an additional allocation not -to -exceed $500,000, for a total not -
to -exceed amount of $1,500,000 for the execution of the Employee Voluntary Separation
Program which will fund the twenty-year repayment period.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes additional funds of up to $500,000 from the General Fund
Contingency Reserves to fund the City's Employee Voluntary Separation Program
PASSED and ADOPTED this 20th day of July, 2010.
Ron Morrison, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
Claudia G. Silva
Acting City Attorney
CITY OF NATIONAL CITY
MEMORANDUM
DATE: July 20, 2010
TO: Honorable Mayor and City Council
FROM: Stacey Stevenson, Human Resources Director
SUBJECT: Staff Report - Resolution of the City Council of the City of National City
Authorizing Additional Funds of Up to $500,000 from General Fund Contingency
Reserves to Fund the City's Employee Voluntary Separation Program
On June 8, 2010, the City Council authorized the City Manager to execute an Employee
Voluntary Separation Program. In doing so, the Council approved two options for eligible
employees: the ability to retire with two additional years of service credit with Ca1PERS; the
ability to resign with a cash pay out ($5,000 plus $1,000 for each complete year of service with
the City of National City) and one year of employee only medical coverage. Funding for the
program was capped at $1 million. On June 22, 2010, in adopting the fiscal year 2010/2011
general fund budget, the City Council formally set aside $1 million from reserves to fund the
twenty year repayment of costs associated with the Program.
As shared in a verbal staff report at the July 6, 2010 meeting of the City Council, the Human
Resources Department has received 22 applications (the number of applications has not changed
as of the writing of this staff report): 16 for retirement with two additional years of service credit
and 6 for resignation with the cash pay out (and one year of medical coverage). Cognizant of the
$1 million cap, staff has been calculating the cost on a regular basis. By the end of day four (4)
of the application filing period, the applications received exceeded the $1 million threshold. As
of July 8, 2010, the cost associated with all 22 applications is estimated at $1,296,428, payable
incrementally over a twenty year period. The net savings associated with the same 22
applications if all 22 positions were left vacant is estimated as follows:
o $1,025,263 this fiscal year
o $1,859,424 in year two
o $1,800,063 in years three through five
It is noted by staff that in all probability there will be backfilling of some of the positions due to
operational impacts and the critical nature of the work performed. In such cases, staff will make
every effort to promote from within and leave the resulting lower level or ancillary position
vacant; and those hired will be brought in at a step lower than that of the vacating incumbent. As
a result, the City will achieve salary savings.
Honorable Mayor and City Council
Staff Report — Employee Voluntary Separation Program
July 20, 2010
Page 2
Staff began accepting applications from employees interested in participating in the program on
June 14, 2010. With a 45 day application filing period, the last day to apply will be July 28,
2010.
As depicted above, the program has generated a significant level of interest beyond what was
anticipated at the time of development. The potential for savings is equally significant. The
realized savings will be instrumental in reaching a balanced budget in the current and future
fiscal years given the Finance Director's projection of a structural deficit across each of the next
five fiscal years. It is anticipated that this Program is a one time opportunity that will not be
offered again this fiscal year. Therefore, it is staffs desire to maximize the level of savings to be
achieved. As previewed on July 6, 2010, staff seeks authorization to increase the Program cap in
order to meet the demand for consideration.
Based on the current flow of applications, staff recommends an additional allocation not to
exceed $500,000, for a total not to exceed amount of $1,500,000 for the execution of the
Employee Voluntary Separation Program. These funds will be set aside in the Personnel
Compensation Fund (Fund 212) for draw down over the twenty year repayment period.
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: July 20, 2010
AGENDA ITEM NO. 19
EM TITLE:
Resolution adopting the report required by California Health & Safety Code Section 5473, Et Seq
pertaining to collection of sewer charges on the tax roll, directing the City Clerk to file said report with
the San Diego County Auditor, and directing the Finance Director to certify with the San Diego County
Auditor the "Sewer Service Charge Fund". Sewer service fees will not increase for FY 10-11.
PREPARED BY: N. Maggiora
PHONE: 336-4580
EXPLANATION:
See attached Explanation.
DEPARTMENT: Public Work
APPROVED BY:
FINANCIAL STATEMENT:
ACCOUNT NO.
N/A
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
Adopt Resolution
BOARD ! COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
planation
.._solution
Report is on file in the City Clerk's Office.
Explanation:
Pursuant to Ordinance No. 2003-2225, the City Council adopted a three-year sewer service fee
rate adjustment schedule commensurate with projected Regional wastewater treatment cost
increases and elected to have sewer service charges collected on the tax roll, as authorized by
California Health and Safety Code Section 5473 et seq.
California Health and Safety Code Section 5473 requires a written report to be prepared each
year and filed with the City Clerk, which should contain a description of each parcel of real
property receiving sewer services, and the amount of the charges for each parcel for the year.
California Health and Safety Code Section 5473.4 provides that on or before August 10 of each
year, the City Clerk shall file with the County Auditor a copy of the report prepared pursuant to
Section 5473 with a statement endorsed on the report over his signature that the report has
been adopted by the City Council, and the Auditor shall enter the amounts of the charges
against the respective lots or parcels of land as they appear on the current assessment roll.
By approving the proposed resolution, the City Council, would for FY2010-2011, adopt the
report required by California Health and Safety Code Section 5473, direct the report to be kept
on file in the Office of the City Clerk, and direct the City Clerk to file a copy of the report with the
County Auditor.
The City of National City sewer service fees are monthly flat rates, based on water consumption
for domestic users. For commercial and industrial users, the monthly charges are variable and
based on water consumption and on the strength of the sewage they generate (low, medium or
high). The table below summarizes the three-year rate plan adopted by the City in 2003.
National City Sewer Service Rates for FY 2004, 2005, and 2006
Residential Flat Rates (per
month)
Single Family Residence
Multi -Family Residence
Mobile Homes
Commercial Variable Rates (per HCF)
Suspended Solids/BOD
Strength Category
Commercial - Low
Commercial - Medium Low
Commercial - Medium
Commercial - Medium High
Commercial - High
Suspended
Solids/BOD
Strength Range
<200 PPM
201 to 280 PPM
281 to 420 PPM
421 to 660 PPM
> 600 PPM
FY 2004 FY 2005 FY 2006
Monthly Monthly Monthly
$ 22.08 $
$ 19.00 $
$ 13.50 $
2.85 $
3.09 $
3.84 $
4.60 $
5.75 $
28.08 $ 32.08
23.00 $ 25.00
17.50 $ 19.50
2.89 $
3.13 $
3.90 $
4.68 $
5.86 $
3.03
3.28
4.09
4.90
6.12
It should be noted the City of National City sewer service fee have not increased since FY06
and is below the Regional average fee charge for this service. The table below is an illustration
of the fees charged by the major METRO Agency members.
Monthly Rates are based on single family residence charged for 10 HCF (Hundred Cubic Feet).
Agency
Del Mar
Padre Dam MWD
Poway
San Diego
La Mesa
Chula, Vista
Otay Water District
Alpine
Lemon Grove.
National City
Imperial Beach
Coronado
Lakeside
Spring Valley
El Cajon
Wintergardens
2009
$84.40
$53.22
$66.99
$47.62
$40.97
$3725
$32.70
$34.38
$37.32
$32.08
$35.58
$31.64
$31.67
$28.00
$25.90
$18.00
2010
$95.05
$56.14
$49.96
$54.49
$40.97
$44.43
$32.70
$34.83
$40,18
$32.08
$37.53
$31.64
$31.67
$28.00
$25.90
$18.00
Date
Implemented
07/01/10
01/01/10
01/01/10
05/01/10
No change
07/01/10
No change
No change
07/01/10
No change
07/01/10
No change
No change
No change
No change
No change
Average
Maximum
Minimum
$ 41.27
$ 95.05
$ 18.00
The cost of wastewater collection, transportation and treatment had increased dramatically in
the years prior to 2003. The sewer service rate plan adopted by the City Council in 2003
provided sufficient revenues to cover these costs and those of the NPDES permit compliance
activities necessary to eliminate the amount of urban run-off pollution that enters our storm drain
system. These rates are still applicable today baring any unforeseen changes. Currently, the
Participating Agencies through the METRO Wastewater Joint Power Authority, along with the
City of San Diego that operates, maintains and administers the regional facilities that transport,
treat and dispose of the area's effluent is working on renewing the waiver for secondary
treatment at the Point Loma Treatment Plant, the completion of all past years audits and a
revised Sewage Transportation Agreement, which may increase the rates paid to the member
Agencies. The City Of National City, as a Participating Agency and interested party, is actively
working with METRO/JPA and San Diego staff to assure the increase, if any, is justifiable and
fair to all member Agencies. Staff will keep you informed regarding this potentially significant
issue as the study progresses.
RESOLUTION NO. 2010 —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
ADOPTING THE REPORT REQUIRED BY CALIFORNIA
HEALTH AND SAFETY CODE SECTION 5473, ET SEQ.
PERTAINING TO THE COLLECTION OF SEWER SERVICE CHARGES ON
THE TAX ROLL, DIRECTING THE CITY CLERK TO FILE SAID REPORT
WITH THE SAN DIEGO COUNTY AUDITOR, AND DIRECTING THE
FINANCE DIRECTOR TO CERTIFY WITH THE SAN DIEGO COUNTY
AUDITOR THE "SEWER SERVICE CHARGE FUND"
WHEREAS, pursuant to Ordinance No. 2003-2225, the City Council adopted a
three-year sewer service fee rate adjustment schedule commensurate with projected regional
wastewater treatment cost increases, and elected to have sewer service charges collected on
the tax roll, as authorized by California Health and Safety Code Section 5473 et seq.; and
WHEREAS, California Health and Safety Code Section 5473 requires a written
report to be prepared each year and filed with the City Clerk, which report shall contain a
description of each parcel of real property receiving sewer service and the amount of the sewer
service charges for each parcel for the year; and
WHEREAS, California Health and Safety Code Section 5473.4 provides that on
or before August 10 of each year, the City Clerk shall file with the Auditor a copy of the report
prepared pursuant to Section 5473 with a statement endorsed on the report over his signature
that the report has been adopted by the City Council, and the Auditor shall enter the amounts of
the charges against the respective lots or parcels of land as they appear on the current
assessment roll.
NOW, THEREFORE, BE IT RESOLVED that for FY 2010-2011, the City Council
of the City of National City hereby adopts the Report required by California Health and Safety
Code Section 5473, et seq., directs that said report be kept on file in the office of the City Clerk,
and directs the City Clerk to file with the San Diego County Auditor a copy of the Report, with a
statement that the Report has been adopted by the City Council.
BE IT FURTHER RESOLVED that the Finance Director is hereby directed to
certify with the San Diego County Auditor the establishment of Fund No. 6065-5, which shall be
described as "Sewer Service Charge", and that said fund is hereby approved.
PASSED and ADOPTED this 20th day of July, 2010.
Ron Morrison, Mayor
ATTEST: APPROVED AS TO FORM:
Michael R. Dalla, City Clerk Claudia G. Silva
Acting City Attorney
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: July 20, 2010
AGENDA ITEM NO. 20
M TITLE:
Resolution of the City Council of National City approving the San Diego Regional Enterprise Zone
(SDREZ) Boundary Modification and Expansion (Community Development)
PREPARED BY: Alfredo Ybarra
PHONE: 619 336-4279
EXPLANATION:
DEPARTMENT: Com '• Development
APPROVED B--�
Adoption of the resolution would modify and expand the San Diego Regional Enterprise Zone (SDREZ)
area.
See background report
FINANCIAL STATEMENT: APPROVED:
ACCOUNT NO. APPROVED:
There will be no fiscal impact as a result of this action.
ENVIRONMENTAL REVIEW:
April 21, 2009 Council accepted the certified EIR for the SDREZ, as required by the State of California HCD.
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
inance
MIS
STAFF RECOMMENDATION:
Adopt the Resolution
BOARD / COMMISSION RECOMMENDATION:
ATTACHMENTS:
1. Background
2. Modification and Expansion Area
3. Map of Current SDREZ
RESOLUTION NO. 2010 —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
APPROVING THE SAN DIEGO REGIONAL ENTERPRISE ZONE (SDREZ)
BOUNDARY MODIFICATION AND EXPANSION
WHEREAS, in 1986 and 1992 the City of San Diego received approval for two
enterprise zone designations to offer business incentives to retain employers and attract new
ones to the area; and
WHEREAS, in 2000 and 2004, the South Bay Enterprise Zone was expanded to
include properties along the San Diego Bayfront redevelopment areas of the cities of Chula
Vista and National City; and
WHEREAS, the cities of Chula Vista and National City, in collaboration with the
San Diego Unified Port District, provided funding to the City of San Diego to support the cost of
managing the program and marketing the South Bay Enterprise Zone; and
WHEREAS, the South Bay Enterprise Zone was to expire on January 27, 2007;
and
WHEREAS, the City Council adopted Resolution No. 2006-175, authorizing
submission of an application to the California Department of Housing and Community
Development (HCD) for a San Diego Regional Enterprise Zone (SDREZ) designation for the
cities of San Diego, Chula Vista, and National City (SDREZ Partners), which is competitive and
based on economic need (e.g. distressed communities, need for private investment, high
unemployment, and low-income census tracts); and
WHEREAS, on November 3, 2006, HCD awarded conditional SDREZ
designation, and in a January 17, 2007 letter set forth conditions to be satisfied prior to the final
SDREZ designation (Conditions); and
WHEREAS, the SDREZ Partners have satisfied the execution of the necessary
"Memorandum of Understanding for Operation of the San Diego Regional Enterprise Zone"
between the SDREZ Partners outlining the administrative roles and responsibilities; and
WHEREAS, as grantee of the SDREZ designation, the City of San Diego will
assume lead -agency responsibility for the administration of the SDREZ; and
WHEREAS, HCD will accept one boundary modification meeting certain
conditions prior to final designation of the SDREZ; and
WHEREAS, two areas within National City are recommended for inclusion in the
Enterprise Zone program area as a boundary modification, to wit: 1) South side of east Plaza
Boulevard, east of 1-805 extending to East 8th Street; and, 2) Areas adjacent to South Euclid
Avenue and East 8th Street on the south and Aracadia Avenue on the east, which includes
Paradise Hospital, Paradise Village, and adjacent medical offices, as shown on Exhibit "A",
attached; and
WHEREAS, California Government Code Sections 7073 and 7074 allow for each
designated enterprise zone area to be expanded contiguous to the current enterprise zone by
an aggregate amount not to exceed fifteen percent (15%) of the aggregate area within the
boundaries of the EZ as originally designated by HCD; and
Resolution No. 2010 —
July 20, 2010
Page 2
WHEREAS, the SDREZ, as originally designated to HCD encompassed an area
of 34,380 acres, and
WHEREAS, the SDREZ could be expanded by an amount not to exceed 5,157
acres; and
WHEREAS, at this time the planned expansion within the cities of San Diego and
Chula Vista, combined, will not exceed 3200 acres; and
WHEREAS, at this time the planned expansion within the City of National City
will not exceed 300 acres and will include the National City Plaza Shopping Center located at
North Euclid Avenue and Division Street, as shown on Exhibit "A", attached; and
WHEREAS, the SDREZ agrees to submit a written request to HCD to have its
current enterprise zone boundaries expanded; and
WHEREAS, land included in the proposed expansion is zoned commercial,
industrial, or private institutional (allowing for commercial use); and
WHEREAS, the SDREZ will provide the same or equivalent local incentives to
the expanded and modified areas as those currently provided to the existing SDREZ properties;
and
WHEREAS, basic infrastructure, including, but not limited to, gas, water,
electrical services, and sewer systems, is available to the proposed expansion area.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City, as follows:
1. That it approves the submission of a requested Boundary Modification by
adding two contiguous areas within the City of National City for a total of
71.35 acres, whose census tract/blocks comply with HCD's eligibility
criteria for designation, the area does not exceed 5% of the Enterprise
Zone application area, and the areas meet the goals of the strategic plan
as submitted in the original application.
2. That it approves the submission of a requested Boundary Expansion for
the South Bay Enterprise Zone in an amount not to exceed 700 acres for
the City of Chula Vista, 300 acres for the City of National City and 2500
acres for the City of San Diego.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute all
documents necessary to finalize the South Bay Enterprise Zone, and to modify and expand the
boundary of the South Bay Enterprise Zone.
--- Signature Page to Follow ---
Resolution No. 2010 —
July 20, 2010
Page 2
PASSED and ADOPTED this 20th day of July, 2010.
Ron Morrison, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
Claudia G. Silva
Acting City Attorney
Exhibit A
San Diego Regional Enterprise Zone Modification Area
San Diego Regional Enterprise Zone Expansion Area
Division St
Enterprise Zone
St
BACKGROUND
In 1986 and 1992 the City of San Diego received approval for two enterprise zone (EZ)
designations, the Metro Enterprise Zone (1986) and the South Bay Enterprise Zone
(1992). In 2000 and again in 2004, the South Bay Enterprise Zone was expanded to
include properties along the San Diego Bay front redevelopment areas of the cities of
Chula Vista and National City. In turn, the cities of Chula Vista and National City, in
collaboration with the San Diego United Port District, provided funding to the City of
San Diego to support the cost of managing the program and marketing the zone. The
Metro Enterprise Zone expired on October 14, 2006, and the South Bay Enterprise Zone
was set to expire on January 27, 2007.
In 2006, the City Council approved a resolution authorizing submission of an application
to the State of California Housing and Community Development Department (HCD) for a
regional EZ designation for the cities of San Diego, Chula Vista and National City
("SDREZ Partners"). The Partnership received "Conditional Approval" from HCD on
November 3, 2006 and has now nearly completed all the necessary steps for final
approval designation. The process for EZ designation is competitive and is based on
economic need (distressed communities, need for private investment, high
unemployment, and low income census tracts).
Once an EZ has been granted final designation, it is eligible to expand its boundary by
15%. An EZ may also modify the boundary to include areas that my have been eligible
for inclusion in the original designation. This action will allow the City to submit to
HCD for final designation, expand the enterprise zone, and modify the original boundary.
ENTERPRISE ZONE MODIFICATION
Prior to obtaining final designation of a conditional EZ designation, the State Housing
and Community Development Department (HCD) will accept one boundary modification
request per zone to include areas meeting certain conditions. This allows zones to
modify conditionally approved application areas and include new areas not in the original
application. Though HCD approved an initial SDREZ boundary modification in 2009,
HCD is willing to work with SDREZ on a second boundary modification. Boundary
modifications that comply with the following circumstances may be administratively
approved by HCD:
1) An area was previously in an expired EZ and the benefits of the program are still
needed in order to complete revitalization efforts; or
2) The census tract /blocks comply with HCD's eligibility criteria for designation;
and
3) The area does not to exceed 5% of the EZ, application area; and
4) Areas for consideration must be contiguous; and
5) Areas meet the City's stated EZ strategic plan as submitted in the original
application; and
6) The boundary modification is approved by resolution by the jurisdictions'
governing bodies.
1
The designation date for boundary modification is the same as the conditionally approved
EZ. Therefore, businesses may take advantage of EZ incentives retroactive to the date of
designation. For the SDREZ the designation date is October 15, 2006.
Staff is recommending the following two areas be approved, as a modification, for
inclusion into the EZ program area (Attachment 2):
1. South -side of East Plaza Boulevard, east of 805 extending to East 8th Street.
2. Areas adjacent to S. Euclid Avenue and East 8th Street bordered by East 4th Street
on the north, V Avenue on the west, East 8th Street on the south, and Aracadia
Avenue on the East. This area includes Paradise Hospital, Paradise Village, and
adjacent medical offices.
ZONE EXPANSION
The State EZ Act allows the expansion of the EZs up to 15% of the original acreage at
any time during the fifteen year designation after final EZ designation is awarded.
Expansions are effective the date HCD approves the expansion request. The expansion
must meet the EZ Act expansion requirements and comply with the economic strategies
stated in the SDREZ application. Further, in an EZ that contains multiple jurisdictions,
all of the jurisdictions must approve each others' expansion proposals.
The expansion capacity for the entire SDREZ is approximately 5,200 acres. The proposed
SDREZ expansion includes areas identified that comply with the expansion requirements
with in the cities of Chula Vista, National City, and San Diego. The expansion request at
this time shall not exceed 3,500 acres for all three cities. The expansion for the City of
San Diego will not exceed 2,500 acres, the Chula Vista expansion will not exceed 700
acres and the City of National City expansion will not exceed 300 acres.
The City of National City portion of the SDREZ totals 3,787 acres. Based upon the city's
total EZ acreage, the city can expand the zone by 568 acres. However, the entire 568
acres is not necessary since the current expansion and modification area would cover
nearly 99% of the industrial and commercially zoned areas of the city.
Staff is recommending that the National City Plaza Shopping Center located on the
northwest corner of North Euclid Avenue and Division Street be added as an expansion
to the SDREZ (Attachment 2) which is 6.51 acres.
BENEFITS OF THE SDREZ PRGRAM
The legislative purpose of the EZ program is to "stimulate business and industrial growth
in the depressed areas of the State". The other purposes are to establish a program "to
help attract business and industry to the state, to help retain and expand existing state
business and industry, and to create increased job opportunities for all Californians.
Local jurisdictions must provide additional local incentives throughout the 15-year
designation.
2
Businesses located within the SDREZ may receive individual or corporate state tax
incentives/credits to reduce a company's state tax liability dollar per dollar. Any unused
tax credits may be carried forward to reduce future tax year's liabilities. The EZ program
has made a significant impact on the local economy. The SDREZ program is a fifteen
(15) year designation and offers tremendous business incentives and helps the region
retain employers and attract new ones. The National City Chamber of Commerce
administers the EZ program on behalf of the City and will provide its next program
update in September.
NEXT STEPS
The next step would be to obtain City Council approval for the Memorandum of
Understanding between the State of California and the cities of Chula Vista, San Diego
and National City identifying specific activities and reporting requirements that were
identified in the EZ application submitted by the Partners. These activities must be met in
order to comply with the State EZ program including SDREZ data collection, marketing
plans and activities, job creation and retention activities, periodic meetings to evaluate
program effectiveness, and more. Staff anticipates the State MOU will be on the City
Council Agenda once the agreement is in final form. The EZ designation will be valid
until October 2021.
3
Attachment 3
San Diego
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Municipal Boundary
/N./ Frewy
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\le Light Rail
PB Trolley Stations
Map Contobutions made by
Business Information -technologies, Inc and
City of San Diego, Cdy Planning & Community Invest
WNW SandlegaregionaleY org
y-4- 0-1.-.1 u.-.,-,-• 1•4.•1
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: July 20, 2010
AGENDA ITEM NO. 21
EM TITLE:
Designation of Voting Delegate and Alternate(s) for League of California Cities Annual Conference
PREPARED BY: Leslie Deese, Asst. City Manager DEPARTMENT: City manager
PHONE: 619-336-4240 APPROVED BY:
EXPLANATION:
The League of California Cities 2010 Annual Conference is scheduled for September 15-17 in San
Diego. An important part of the Annual Conference is the Annual Business Meeting scheduled for 3:00
p.m., Friday, September 17. At this meeting, the League membership considers and takes action on
resolutions that establish League policy.
In order to vote at the Annual Business Meeting, the City Council must designate a voting delegate and
may appoint up to two alternate voting delegates, one of whom may vote in the event that the
designated voting delegate is unable to serve in that capacity.
The Mayor and City Councilmembers are all scheduled to attend the League Conference. Staff
refore recommends that the City Council designate Mayor Morrison as National City's voting
egate and one or two Councilmembers as alternate voting delegates.
FINANCIAL STATEMENT:
ACCOUNT NO.
N/A
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
The City Council designate Mayor Morrison as National City's voting delegate and one or two
Councilmembers as alternates.
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
League of California Cities' Correspondence.
Sca-vv,.49.
1400 K STREET
SACRAMENTO, GA 95814
Ex:(916)658-8200
ex: (916) 658-8240
RECEIVED JUN 1 0 2010
�LEA(GUE
CITIES
WWW.CACITIES.ORG
Council Action Advised by August 20, 2010
June 4, 2010
TO: Mayors, City Managers and City Clerks
RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference — September 15-17 — San Diego
The League's 2010 Annual Conference is scheduled for September 15-17 in San Diego. An
important part of the Annual Conference is the Annual Business Meeting (at the closing General
Assembly), scheduled for 3:00 p.m., Friday. September 17, at the San Diego Convention Center.
At this meeting, the League membership considers and takes action on resolutions that establish
League policy.
In order to vote at the Annual Business Meeting, your city council must designate a voting
delegate. Your city may also appoint up to two alternate voting delegates, one of whom may vote
in the event that the designated voting delegate is unable to serve in that capacity. Please take
care when selecting your city's delegates, as travel and attendance could be an issue for those
who observe Yom Kippur.
Please complete the attached Voting Delegate form and return it to the League's office
no later than Friday, August 20, 2010. This will allow us time to establish voting
delegate/alternates' records prior to the conference.
Please note the following procedures that are intended to ensure the integrity of the voting
process at the Annual Business Meeting.
• Action by Council Required. Consistent with League bylaws, a city's voting delegate
and up to two alternates must be designated by the city council. When completing the
attached Voting Delegate form, please attach either a copy of the council resolution that
reflects the council action taken. or have your city clerk or mayor sign the form affirming
that the names provided are those selected by the city council. Please note that
designating the voting delegate and alternates must be done by city council action and
cannot be accomplished by individual action of the mayor or city manager alone.
• Conference Registration Required. The voting delegate and alternates must be
registered to attend the conference. They need not register for the entire conference; they
may register for Friday only. In order to cast a vote, at least one person must be present
at the Business Meeting and in possession of the voting delegate card. Voting delegates
and alternates need to pick up their conference badges before signing in and picking up
-more-
the voting delegate card at the Voting Delegate Desk. This will enable them to receive
the special sticker on their name badges that will admit them into the voting area during
the Business Meeting.
• Transferring Voting Card to Non -Designated Individuals Not Allowed. The voting
delegate card may be transferred freely between the voting delegate and alternates, but
only between the voting delegate and alternates. If the voting delegate and alternates find
themselves unable to attend the Business Meeting, they may not transfer the voting card
to another city official.
• Seating Protocol during General Assembly. At the Business Meeting, individuals with
the voting card will sit in a separate area. Admission to this area will be limited to those
individuals with a special sticker on their name badge identifying them as a voting delegate
or alternate. If the voting delegate and alternates wish to sit together, they must sign in at
the Voting Delegate Desk and obtain the special sticker on their badges.
The Voting Delegate Desk, located in the conference registration area of the San Jose Convention
Center, will be open at the following times: Wednesday, September 15, 9:00 a.m.; Thursday,
September 16, 7:30 a.m.; and September 17, 7:30 a.m. The Voting Delegate Desk will also be
open at the Business Meeting on Friday, but not during a roll call vote, should one be undertaken.
The voting procedures that will be used at the conference are attached to this memo. Please
share these procedures and this memo with your council and especially with the individuals that
your council designates as your city's voting delegate and alternates.
Once again, thank you for completing the voting delegate and alternate form and returning it to
the League office by Friday, August 20th. If you have questions, please call Mary McCullough
at (916) 658-8247.
Attachments:
• 2010 Annual Conference Voting Procedures
• Voting Delegate/Alternate Form
LEAGUE
'`� OF CALIFORNIA
CITIES
1400 K Street, Suite 400 • Sacramento, California 95814
Phone: 916.658.8200 Fax: 916.658.8240
www.cacities.org
Annual Conference Voting Procedures
2010 Annual Conference
l . One City One Vote. Each member city has a right to cast one vote on matters pertaining to
League policy.
2. Designating a City Voting Representative. Prior to the Annual Conference, each city
council may designate a voting delegate and up to two alternates; these individuals are
identified on the Voting Delegate Form provided to the League Credentials Committee.
3. Registering with the Credentials Committee. The voting delegate, or alternates, may
pick up the city's voting card at the Voting Delegate Desk in the conference registration
area. Voting delegates and alternates must sign in at the Voting Delegate Desk. Here they
will receive a special sticker on their name badge and thus be admitted to the voting area at
the Business Meeting.
4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates
(or alternates), and who have picked up their city's voting card by providing a signature to
the Credentials Committee at the Voting Delegate Desk, may sign petitions to initiate a
resolution.
5. Voting. To cast the city's vote, a city official must have in his or her possession the city's
voting card and be registered with the Credentials Committee. The voting card may be
transferred freely between the voting delegate and alternates, but may not be transferred to
another city official who is neither a voting delegate or alternate.
6. Voting Area at Business Meeting. At the Business Meeting, individuals with a voting card
will sit in a designated area. Admission will be limited to those individuals with a special
sticker on their name badge identifying them as a voting delegate or alternate.
7. Resolving Disputes. hi case of dispute, the Credentials Committee will determine the
validity of signatures on petitioned resolutions and the right of a city official to vote at the
Business Meeting.
LEAGUE
OF CALIFORNIA
CITIES
CITY:
2010 ANNUAL CONFERENCE
VOTING DELEGATE/ALTERNATE FORM
Please complete this form and return it to the League office by Friday, August 20. 2010.
Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in
the Annual Conference Registration Area. Your city council may designate one voting
delegate and up to two alternates.
In order to vote at the Annual Business Meeting (General Assembly), voting delegates and alternates must
be designated by your city council. Please attach the council resolution as proof of designation. As an
alternative, the Mayor or City Clerk may sign this form. affirming that the designation reflects the action
taken by the council.
Please note: Voting delegates and alternates will be seated in a separate area at the Annual Business
Meeting. Admission to this designated area will be limited to individuals (voting delegates and
alternates) who are identified with a special sticker on their conference badge. This sticker can be
obtained only at the Voting Delegate Desk.
1. VOTING DELEGATE
Name:
Title:
2. VOTING DELEGATE - ALTERNATE 3. VOTING DELEGATE - ALTERNATE
Name: Name:
Title: Title:
PLEASE ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE
AND ALTERNATES.
OR
ATTEST: I affirm that the information provided reflects action by the city council to
designate the voting delegate and alternate(s).
Name: E-mail
Mayor or City Clerk Phone:
(circle one) (signature)
Date:
Please complete and return by Friday. August 20 to:
League of California Cities
ATTN: Mary McCullough
1400 K Street
Sacramento, CA 95814
FAX: (916) 658-8240
E-mail: mccullom@cacities.org
(916) 658-8247
V otingDelegateLetter10.doc
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: July 20, 2010
AGENDA ITEM NO. 22
EM TITLE:
Proposed termination of the Towing Agreement between the City of National City and JC Towing, Inc.
PREPARED BY: Claudia G. Silva, Esqv
�
Adolfo Gonzales
PHONE: 336-4222
336-4511
EXPLANATION:
D PARTMENT: City Attorney
Police Department
APPROVED BY:
The City entered into a Towing Agreement with JC Towing, Inc., on March 7, 2006, for towing and
impound services. On March 17, 2009, the parties agreed to an amendment extending the length of the
Towing Agreement to September 30, 2011.
There have been recent incidents involving the contractor's performance. The contract provides that the
City can terminate the Agreement in the event of a material breach. Staff will verbally report on the
current status of this Agreement.
FINANCIAL STATEMENT:
ACCOUNT NO.
N/A
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
Terminate the Towing Agreement with JC Towing.
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
ne
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: July 20, 2010
AGENDA ITEM NO. 23
rEM TITLE:
TEMPORARY USE PERMIT — National City Automobile Heritage Show on August 1, 2010 at Kimball Park from
8 a.m. to 4 p.m. sponsored by the National City Chamber of Commerce. This is a National City Co -Sponsored
event eligible for a $1,500 fee waiver.
PREPARED BY: Vianey Rolon
PHONE: (619) 336-4364
DEPARTMENT: Neighborhood Services Division
APPROVED BY:
EXPLANATION:
This is a request from the National City Chamber of Commerce to conduct the National City Automobile Heritage
Show event at Kimball Park on August 1, 2010 from 8 a.m. to 4 p.m. This event will celebrate National City's
automotive history. The Parade of Vintage Cars will form on Cleveland Avenue at 6 a.m. and then proceed to
National City Boulevard, driving down the Mile of Cars, ending at Kimball Park. There will also be food vendors,
live international entertainment, games and local vendor booths. The Chamber is requesting to use the City's
P.A. system and stage.
The event and sponsoring organization meet the criteria in the City Council Policy No. 804 for a waiver of fees up
to the amount of $1,500.00. This event is a City co -sponsored event.
FINANCIAL STATEMENT:
ACCOUNT NO.
APPROVED:
APPROVED:
Finance
MIS
The City has incurred $237.00 for processing the TUP through various City departments, plus $200.00 for the Fire Permit,
$1,000 for the Police Department, and $1,785.63 for Public Works fees. The Co -Sponsored fee waiver is
$1,500. Total fees are $3,222.63 (not including the waiver).
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
STAFF RECOMMENDATION:
Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval.
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
plication for a Temporary Use Permit, email request for stage and equipment, with recommended approvals and
.,.,.editions of approval.
Actual Event Hours: W.QC} £ 'pm to 4' 00 am( m
Setup/assembly/construction Date: 211 10 Start time: ip .0 0 an
Please describe the scope of your setup/assembly work (specific details):
(11 rauk , kI nhau tk \\ 5tr4.- up V. MAZY
Q.41Y btfit 1, ,t4.$)) 1 rmAz
Dismantle Date: 8i i 1 IQ Completion lime: 1 .0 0 a
List any street(s) requiring closure as a result of this event. Include street name(s), day and
time of closing and day and time of reopenin (�
t , Ll�
�. U 1V t
\\�t�� iks 1 t �'�'� T • tt9�.),Irm't'. ��� � CXS1.�1� � AA.
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A le
\1v't \ \\ ;il-1 F� � 1 �` z % � ��,� a al lfils ',1:1.
Type of Event:
X Public Concert _ Fair Festival X Community Event
X Parade _ Demonstration Circus _ Block Party
_ Motion Picture Grand Opening � Other C ,�' 51-wev
Event Title: AA) 4.-cyz balftsi5\OYi 0P4 T etni p
Event Location: \Y W,,i VVa,Y ^~
Event Date(s): From Si t, 10 to ! 1 113 Total Anticipated Attendance: Lit 000
MonthfDayrYear (Z50 Participants)
Ci1i'OSpectators)
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" 1
;',VPwet4� V-•ate b w :•;-' �•ti..A"irt f-L rr
is •iwR..: P ?.R l+krt+.e,w� ry.e. �tw ri .q,.T of i Y r�.r%n•a Yr,F
I •
n . 1 ' tic
Sponsoring Organization: \Vi }rjr.�u �\ } �} \,1l U `u �,'v(io11VA For Profit
r ! X Not -for -Profit
Chief Officer of Organization (Name) c,] 11' 4.
1 i
Applicant (Name):
Address: Y11 ! k) (, et-1 Ii )�',.;, 1 . �v r } f• , 1isc0
1 r
Daytime Phone: (1.flirt 2}1l- 31 Evening Phone: W) Y't3— {`t�;s)�LI Fax: (6n)
Contact Person "on site' day of the event: A-1Vtt1 Q k_1)rUU L.
Pager/Cellular: i; It i Y i:) - s kq.
NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT
AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS
Cw \Vat. %1 ' 3t S?W'91i.j) rria►Y�i b4t416i4xi oSO-t'7,S_7:i
$tl ;So
$
Is your organization a "Tax Exempt, nonprofit" organization?
Are admission, entry, vendor or participant fees required?
X YES _ NO
Xi YES NO
If YES, please explain the purpose and provide amounts)T t) -\jA¢ „ ; •} ;y{ ; tt ; t
Estimated Gross Receipts including ticket, product and sponsorship sales from
this event.
$ j S-454
Estimated Expenses for this event.
What is the projected amount of revenue that the Nonprofit Organization will
receive as a result of this event?
,.
Vr T yp t�.
�1. Ai-�w�. J�1l��H +IF+��.I r' r'\J.s�l �. �.�5�1!-.iK•�aW}��-a�-T�•��V! (
•e-. f -t:a1 PS u..ls'f'w:tp Y}.(_A S+-r`nv% M.a Hr,• f F -V ii'f Yri .e-C .141,
MSvkwNw 1+1 ^R.^t?r h- YLM 1, V. ...sf•w.l. ��%'s.w.++ .Rwvn
•••• } Y M.
Please provide a DETAILED DESCRIPTION of your event. Include details regarding any
components of your event such as the use of vehicles, animals, rides or any other pertinent
information about the event.
vA ,_ yv3V l xIA 41 tic C�fr[1�1 ,tti.�
�O Bs �nrnf grttm-����+4,�r intarna,a.� l c � - r��#�tita
�`�`$tli't�na>r �`, t (��'y ytl.. „r: 11 \` , � s�Yt�ti. �11 cl (Ms►c I.r�
7)1,1 \lU im\ti ,C `c-k4 -iclk4 A C�'taVO\ (l i t1' t t
YES , NO If the event involves the sale of cars, will the cars come exclusively from
National City car dealers? If NO. list any additional dealers involved in the
sate:
_ YES 4NO
YES NO
Does the event involve the sate or use of alcoholic beverages? `
Will items or services be sold at the event? If yes, please describe:It) liV1.I
\t11\dN kt s4Lt a v nl c
YES ` NO Does the event involve a moving route of any kind along streets, sidewalks or
highways? If YES, attach a detailed map of your proposed route indicate the
direction of travel, and provide a written narrative to explain your route.
YES _ NO Does the event involve a fixed venue site? 1f YES, attach a detailed site map
showing alt streets impacted by the event.
X YES _ NO Does the event involve the use of tents or canopies? If YES;
Number of tenticanopies (go i � i <1 ;= .1 ' i t r6 x i 1
NOTE: A separate Fire Department permit is required for tents or canopies.
X, YES _ NO Wilt the event involve the use of th City stag oregiTsierrj
In addition to the route map required above, please attach a diagram showing the overall layout
and set-up locations for the following items:
i Alcoholic and Nonalcoholic Concession and/or Beer Garden areas.
> Food Concession and/or Food Preparation areas
Please describe how food will be served at the event:
If you intend to cook food in the event area please specify the method:
GAS ELECTRIC CHARCOAL OTHER (Specify):
> Portable and/or Permanent Toilet Facilities
Number of portable toilets: ,3 (1 for every 250 people is required, unless the
applicant can show that there are facilities in the immediate area available to the public
during the event)—jkjb1 iG {Ic-1-ronrris avnxt bie.
Tables and Chairs
Fencing, barriers and/or barricades
Generator locations and/or source of electricity
Canopies or tent locations (include tent/canopy dimensions)
Booths, exhibits, displays or enclosures
Scaffolding, bleachers, platforms, stages, grandstands or related structures
Vehicles and/or trailers
Other related event components not covered above
Trash containers and dumpsters
(Note: You must properly dispose of waste and garbage throughout the term of your
event and immediately upon conclusion of the event the area must be returned to a clean
condition.)
Number of trash cans: 30 Trash containers with lids: Z }Q" '&403 b.-�43
Describe your plan for clean-up and removal of waste and garbage during and after the event:
�s
OiV{C 5 V%A}1 t!,:3,c:\A- \•L )"' «+ �: NSI:� (`It 1'i
� `ir�.i�t,�l �4� � �� l � `1 lt,i,! lit�`��
.Gill FOOD Lip K €DCO t) i). ' i VY1 l I I'L t - roz5 ckv � l e> c4w—i-ki,Awd- .
V VY VVVV
3
Please describe your procedures for both Crowd Control and Internal Security:
\ l ik tl las N d dip Pt- YK1 w, S 1 mtmik-u rOk.t )
Q,Cia64-vtq' and 1,) P \will TYNTSV -6Y 4 V -
YES NO Have you hired any Professional Security organization to handle security
arrangements for this event? If YES, please list:
YES
Security Organization:
Security Organization Address:
Security Director (Name): Phone:
NO Is this a night event? If YES, please state how the event and surrounding area
will be illuminated to ensure safety of the participants and spectators:
Please indicate what arrangement you have made for providing First Aid Staffing and Equipment.
,\Ak1 r,v mic,ovA , otnd 1.'PD nvq1 IsT --Q
�nQD11.
Please describe your Accessibility Plan for access at your event by individuals with disabilities:
': 1';\tlll�ls t11[.1 11',C`t' :l i, t`�s�'ll4 �) it %1v1rM;:11s vA ,AtJC:71t41\y:)
Please provide a detailed description of your PARKING plan:
Please describe your plan for DISABLED PARKING.
hSclastac c • �s�,v5f\Cl d nn V.0b11c'
4
Please describe your plans 10 notify all residents, businesses and churches impacted by the
event.
li t.11.1A10�1csn-��c�� pca>ih 0,1,1 oVNA-ctiintck 1:3‘0-N Uxi kk.
{fir-\'l\al nvA) ert&c4i A n0141 1Qv4,.
NOTE: Neighborhood residents must be notified 72 hours in advance when events are
scheduled in the City parks.
• r. „. 1T i'M rrK:A.w vi.T. 7,„
W�fwr w.W•.y ;rt•
Mrrr try, :Ay 4M•M•�...,•r h++�yth ns•'(rM r•r. w� ...at w. r-s .& {a-r'
1h \ } K r 3P .ay\
't�4' ",ryC`.21"rtv?-."`>i .r ..-. S. `►�fu S:T�i 1't,.w`�`SMiL't S"",:Z.
YES _ NO Are there any musical entertainment features related to your event? If YES,
please state the number of stages, number of bands and type of music.
Number of Stages:yj Number of Bands:
Type of Music: Ckc tic, 'ROCK V law
YES NO Wilt sound amplification be used? If YES, please indicate:
Start time: \ arr prn Finish Time - 0 0 an jpm3
RYES NO Will sound checks be conducted prior to the event? If YES, please indicate:
Start time: 1 CS l ar 'pm Finish Time ' 160 rrr pm
Please describe the sound equipment that will be used for your event:
INA and ON* aloku,n
YES X,NO Fireworks, rockets, or other pyrotechnics? If YES, please describe:
YES _ NO Any signs, banners, decorations, special lighting? If YES, please describe:
NAY& ClK:\ (.1)(11LIIW OVNVV)446 41.1151+NL\
L_
Revised 08/10/05
5
Event:
For Office 'Use Only
Department Date
Approved? Yes No Initial
Specific Conditions of Approval
Council Meeting Date:
Approved: Yes No
Vote:
Kathleen Trees, Director
Building & Safety Department
6
City of National City
PUBLIC PROPERTY USE HOLD HARMLESS AND
INDEMNIFICATION AGREEMENT
Persons requesting use of City property, facilities or personnel are required to
provide a minimum of $1,000,000 combined single limit insurance for bodily
injury and property damage which includes the City, its officials, agents and
employees named as additional insured and to sign the Hold Harmless
Agreement. Certificate of insurance must be attached to this permit.
pp
Organization ti ; ; 511�t C` 8t c�rnrn itel
Person in Charge of Activity �li�;;�1`;�v ,., tlilil fl
�,.�� SIiV `L rv'` 13 \v,',
Address 13� ) 'N, ,1A_ 2iq0
Telephone (IV) Y\(:) -klkl kA Date(s) of Use cKH 10
HOLD HARMLESS AGREEMENT
As a condition of the issuance of a temporary use permit to conduct its activities
on public or private property, the undersigned hereby agree(s) to defend,
indemnify and hold harmless the City of National City and the Parking Authority
and its officers, employees and agents from and against any and all claims,
demands, costs, losses, liability or, for any personal injury, death or property
damage, or both, or any litigation and other liability, including attorneys fees and
the costs of litigation, arising out of or related to the use of public property or the
activity taken under the permit by the permittee or its agents, employees or
contractors.
Signature of Applicant
Official Title Date
For Office Use Only
Certificate of insurance Approved Date
7
REQUEST FOR A
WAIVER OF FEES
Non-profit organizations, which meet the criteria on page v of the instructions, will
be considered for a waiver. If you would like to request a waiver of the
processing fees, please complete the questionnaire below.
1. Is the event for which the TUP is sought sponsored by a non-profit
organization?
Yes (proceed to Question 2)
No (Please sign the form and submit it with the TUP
Application)
2. Please state the name and type of organization sponsoring the event
for which the TUP is sought and then proceed to Question 3.
Name of the sponsorin9 organization
Vtt}-In ‘ C t;i Q1,;l a x 4 r''J iN AOXt.! t \ Q
Type of Organization yP 9 )�1s\� ,Zti�SC�z�� �klJt'V�a'� �_�\5iklt�" `�;�i°,.
1Service Club, Church, Social Service Agency, etc.) 1
3. Will the event generate net income or proceeds t the sponsoring
organization?
✓\ Yes (Please proceed to Question 4)
No (Please sign the form and submit it with the TUP
Application)
4. Will the proceeds provide a direct financial benefit to an individual
who resides in or is employed in the city, and who is in dire financial
need due to health reasons or a death in the family?
Yes (Please provide an explanation and details.
X. No (Please proceed to Question 5)
8
5. Will the proceeds provide a direct financial benefit to city
government such as the generation of sales tax?
Yes (Please provide an explanation and details.
No (Please proceed to Question 6)
6. Will the proceeds provide a direct financial benefit to a service club,
social services agency, or other secular non-profit organization
located within the city such as Kiwanis, Rotary, Lions, Boys and
Girls Club?
X Yes (Please provide an explanation and details.
m^ a ckA u\i l l b t cio l- .cVOC ` -dit t at e bRki
J,13A aku,A ,DY„i1Qia ih
No (Please proceed to Question 7)
7. Will the proceeds provide a direct financial benefit to an
organization, which has been the direct recipient of Community
Development Block Grant (CDBG) funding?
Yes Year funds were received:
Funds were used to:
No (P lease sign the form and submit it with the TUP
Application)
Signature Date
9
Z
4Z
Ms
P
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: July 20, 2010
AGENDA ITEM NO. 24
EM TITLE:
TEMPORARY USE PERMIT — Health & Wellness Fair hosted by Paradise Valley Hospital and The National
City Times on October 30, 2010 from 9 a.m. to 4 p.m. at the Paradise Valley Hospital Employee Parking
Grounds with no waiver of fees.
PREPARED BY: Vianey Rolon DEPARTMENT: Neighborhood Services Division
PHONE: (619) 336-4364 APPROVED BY:
EXPLANATION:
This is a request from The National City Times, in conjunction with Paradise Valley Hospital, to conduct a Health
& Wellness Fair at the Paradise Valley Hospital Employee Parking Grounds (2400 E. 4th Street) on October 30,
2010 from 9 a.m. to 4 p.m. This event will feature workshops on health and wellness activities such as diabetes
awareness, weight checks, flu shots, and blood pressure testing. This event is free to all residents, businesses and
guests.
Paradise Valley Hospital will provide security detail and crowd control. A First Aid booth will be provided by
Volunteer Medical Practitioners. There will be sufficient parking for guests to park at the Hospital.
The applicant has requested City co-sponsorship as a trade exchange. The City would assist with the outreach to
the community thru Neighborhood Services and the use of the tables and chairs for this event and in turn the
anization will include the City's name and logo in all promotional collaterals.
FINANCIAL STATEMENT:
ACCOUNT NO.
APPROVED:
APPROVED:
Finance
MIS
The City has incurred $237.00 for processing the TUP through the various City departments, $328.75 for Public Works, and
$200 for the Fire Department,
Total fees are $765.75
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
STAFF RECOMMENDATION:
Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with
no waiver of fees.
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
ilication for a Temporary Use Permit with recommended approvals and conditions of approval.
1.re cr Event:
_ Ptittc Ccn:tl X Far _ esiv3
_ Parade Dear rs.-attai _ O1':i o
_ hicttan P clue hand Cper rg _ Other
E •ti Tre 2010 Health & Wellness Fair!
Cxv =r r1y Evert!
Bia:t. Pa1y,
Even " aoa an:
Paradise Valley Hospital Employee Parking Grounds (cor E.8th & Euclid Av.)
Event 7atets:: F'crr 10/30/10 10/30/10 Anliciaated Amer 1.wKe: 500 (in & out)
100 Parttrarw
E 400 at:te7c4-s
A sa Eves: -fauns: 9am arn• m la 4pm amngm
3eluu aoserrtlyskcrs
tr Gx 10/29/10
Start tyre:
1pm
Please ae ,:rte d-e 31 y'cur zellipasserny mart give n: de3lis .
put up canopies - set up stage - put up directional signs for parking - set up tables
and chairs - and other elements to prepare for the event.
❑' '�ma deL a 10/30/10 •:::ommittianT : 8pm :377VD73
Lln any :treads rea rrr cixtsre as a re st tt +', r-1e3 e,t tn4lude strait nameial, day and
time a1 otactra and days ands ne of reapaning NONE.
Paradise Valley Hospital / The National City Times
ancrs rin3 OrjanZatkr Frrr Emit
Crier O" cer cf Orgarlaetcr kNanve,
±'.DrIcant Nara
Alqra s: P.O. Box 2288 National City, CA 91951-2288
c/o Ditas Yamane
r,+•tkr•P'rfi:
Ditas Yamane
G:itt it Price a 619-474-5300 'Even rg -hcre:
6119-474-2500 Fax: I 6' 9-474-6888
Ditas Yamane
Cortect Per:, n `on GItt" day o 1- pert
PagenCN .. ar: 619 474-2500
NOTE: THIS PERSDN MUST BE IN ATTENDANCE FOR THE Ct;RAT`ON OF THE E4ENT
AND IMMEDbATELY AVAILABLE TO CITY 0FF" LALI
1
Is -r argarize=:cr a 'Tax Exempt, nonprcillt anpartat an? YET X N
Are acri sfan. e*rtr,�, ,erccr ar par2 cleart ices rev —Lac- X se E3 - NO
Admission & Entry is FREE.
If'"ES. cease !Wain tae t ..crew 3- d cv ce .y-cans..:
FREE to the Public. Booth fee for vendor of food, products and services to cover cost..
$10,000.00
s s-ater Gress Sedelats n_hip ticket a"cdtic wra sccrsarshi'sales from
7r?s a -erg
Es1nratec Ere far ttIs evert
edhal Is the pra eccisi amaunl ad revenue trial the Ncrp ce t 011anIze z.n of
redeye as a resL1 of this event?
Please rra-lie a DETA' Ef? DEB CRIPTTON of ya.r eve-e. < :lu]e etats tegar ng any
camaanentsce 'taut event s.rchasthe usec 'aehl:_es arrrals. rces 3rariother pe 'rert
Infanraban aaaul the evert
Health & Wellness Fair - featuring FREE flu shots plus workshops on health information ;
wellness counseling ; healthcare education ; healthcare coverage ; and
activities such as diabetes awareness - blood pressure testing, glaucoma eye testing -
weight check - flu shots - and other health and wellness awareness to our
community - all FREE to the residents, businesses and guests
also features a Search for National City's Singing Champion plus showcasing of products
and c rvic c of local bucin cc c in th hoalth & wolin cc catogory
and food specialties from local restaurants plus games for young & old alike.
a social responsibility - giving back to the community's support
for a better quality of life.
le ale evert five -Ives the sae ce cars, all the dams ccrre exdiusllvaq from
Nat/oral CIr; car dealers? tfN4 1strry addI1cra dealersIrvavei t•ri-e
wale.
yr., 4 -
'4M S X 90 Sots Ire event rreat.e Te sale se USt. PI acerbic we,era2es7
X vES Volt hems cr sen,Ice-; De sale at tre event? !ryes, please cescribt:
variety of products and services from vendors and participants.
v EZ. X Cots Ire event rvalwe a mcvl-c, mule af any Mid arrg streets, stlewedui CT
rah ways • YS3, allath a deleted M30 Di )101-1DICPc-sed rctite Indicate the
c re:11r 3+11:awe are pravide a Artier rarall.e tc eralen you- rol.:te
:40 Cbes Ire eVe711 rvarwe a thee#er1e YES, allar a catelleJ she map
stctin2 al steets trpacled by ire evert
X
vES 40 Saes If event :rve14e tee Use of Tents or canopies? ti YES:
Varrider cf terbtariaoeLs 50 Saes 20 x10 / 10 x10
OTE: A separate Fre :Deparrserc perrit s reau red tar wr..r. ar C3113DieS.
x vES 40 'lair the eveil rvalve Ire Lse cr4 St3f..'D." PAsys`t-71-
small stage - 13x28 / tables / chairs
tr aciellisr, to re taut! map recifree atcve, Meese abaci 3 diagram srowrg: Vie cvterat layox
are set-Lp la:eters lo- fclewirg: tens
Alectollc and 4c-rat:of-W.: Comb, ariTx Beer Sarcen areas
Food :::ancesser am:her Fax! Pieparaten areas
all food concession will be
Please des:rte I-civ bad wit serwee at the event
prepared by food vendors with permits from health department.
if you !':rterc c cook "'bod r the event area please seerty the melted:
GAS ELECTRIC CHARCOAL OTIER iSpecthl:
• Farlabe andiar Fernsawil Tate FwIlltes
hitrter al partible biels: 2 .Far evert 2E3 piecple a required, tirless the
appleant can stew Tel tere we 'rarities ar te rrrriediale area &abate to re mblz.
aurrg event.
›- Teats and Chars.
Ferectria, bar ars ardicr bwitraits
Gerteratcr Iccators andbr source if eleclecti
CaraplesW lent locations i:Telude r!.ticaitopy T•rerstars:#
• Saabs, eatillits, :displays ar erobsures
)•• Scan delta, !leachers, pWrins, stages, -ranis or !related ,sruc.Wres
)- Vehicles DrtiCT reliefs
Criner malted event rborernal cowered apowe
TraS1 cortsintrs aid dumosters
Yod properfe dispose of a=e and gartage IrroLiatout the le.1711 of your
evens and irr7edialety uper can:fuser cf We event the area must be returned b a dean
condean.
25 2
ticr•ter ,a1 tw,ri tars: Trash cantahers
Cetiae yeti!' Dar fcr clean-up are rerna,al haste ala gatage atihrg are a1ter re evert
will clean the venue - all trash will be disposed of properly.
3
Please aesate year prrectres "dr aalh Crcrwd vanlrcf and Internal Ser arty:
PVH will provide security detail and crowd control.
plus volunteers to provide smooth flow of program.
_ YES X AlO - ,°e you hired ant: Frolesslorei ec sty cronlaten ba t +rcie securty
arrangementsInt event! ! YE 3, please list
In-house hospital security.
3ecar$p O'arLredon:
ver_rit O-garta,* an mess
2400 E. 4th Street National City, CA 91950
C1rectbr;Name' -here:
"ES X NC s this a rla-r. t,er'" 'YES, olerse state the eve-11 3 rd stir-aundt a•ea
elf to I lumir,edec doersLre safety Dine aarlti 7ants a, 7 spectaa a'-s:
Please Indkate *tat aranaement yo./ mTMct larxtv ding Flml 3tafTh ..a d Sairmen
A First Aid Booth provided by Volunteer Medical Practitioners.
Phase ces to ycur A. sdittj r ar rcr access al ENSeT ty 17c3 ►kuad, L1Et i`533 ter:
In Place - courtesy of the Paradise Valley Hospital.
Please Fr' tde a delafed aes.rptlan crf you PAR„ man:
Paradise Valley Hospital parking lot. corner E. 8th Street & Euclid Avenue.
Please depute ycur plan rhr DIZABLEB PARKING:
Paradise Valley Hospital disabled parking.
4
Please desrt+eMaurplans.* nattyairestye s.,tustressesartchurchesimpaced 1e
event Advertising via flyers - posters - and newspapers.
NOTE: tielahharhoact residen Ir; mud he nntttted 72 nouns /I ad'art.aa when evens are
saI edu`ed In the City parks.
X YES NO Are t1?ere aryl musical e-r e*tarimen11 • treS ]m134ad ycur -ert' tr YES,
please state the number cf. stages ru .ter 3t bands art ape cr must.
hunter al Stages: OneNumter :' Ewes:
None
DJ Music
Type- cr Must:
X ,1
_YES_ IC+ t\'t1 scura amptrC Cr to Used:' IPY_3 pease rdicr'9e
9am 4pm
wlart time: am c*m Penal -me amber
X
_ YES. _ NO !,sail scurc chezilsae car -Adel pr`ar to ire event? It YE... l ease r*aic e:
8am 9am
Clad Um!: amocr- =ri:s' TITre 37t ?4i
Please des:rte the 53uni eaupr-er: re: wit to r_sed to bete evert
public address - sounds - microphones -
YEs X'1C• Frewats, r :kets, Qr ceder ptr,ctFechnks' 4'YE3, please aes r
None.
X
_YES_ !,4C4 A.n s1,7 s tanners, betas fans specal Iflhtha` llY'E.3, please ces:.-tae:
Banners -
Revised Cf"G;tc
5
City of National City
PUBLIC PROPERTY USE HOLD HARMLESS AND
INDEMNIFICATION AGREEMENT
Persons requesting use of Coy rope ty. faclites or personnel are requr€d -n
provide a rriinirrurr of S1,1300,COO combine: single limit nsu an+ae for bo ily
injury and properly damage irihith ncudes the City, Is officals. agents and
employees tarred as adci- mat insured aro to sign the Hold Harmless
figreerren-. Certif ca-e of insurance roust be attached to this ;permit.
Jrg3ni ion Health & Wellness Fair @ Paradise Valley Hospital
Ditas Yamane @ The National City Times
Person in Charge of Activity
P.O. Box 2288 National City, CA 91951-2288
Address
619-474-5300 November 22, 2009
Telephone Date(s) of Use
HOLD HARMLESS AGREEMENT
As a condition of the is&uance of a temporary, use permit to conduct its a4tivzies
an public cr private property, one tidersigrw_-d hey agrees) to oeferd,
indernrrfyr and hold harmless the City of Natcnal City and rhe Parking Authority
and its cri ers, employees arid •• agEnts tcrn ar,d against any and all cairns,
demands, costs, losses liaolity or, for any cersatal injur ci_at" Prcpei
damage, cr bcthor any :-.,tin,aocri and Ctler :,ability, including attorneys flees and
the toss cf litigation, arising cut of cr related to the use of
pubs v property cr tt
activity taken under one remit F by -he pe rltbee cr fs agent, errcloyees cr
?tcirs
131j .4130EC -ir
Organizer for PVH Health & Wellness Fair 05/28/10
omcI TttF
Dale
Certioate su•ance .wpprved Date
Health & Wellness Fair!
Saturday, OCTOBER 30, 2010 • 9AM - 4PM
Paradise Valley Hospital - Employee ParPing Lot
(comers of E eth Street & Euclid Avenue)
National City, CA 9t950
\\\\\N
aflUaAV pprl3
LLII fi
_L
11 fi fi Li f
ft—z2
21/r
1/
East 8th Street
05/10/10
Mr. loe Olson
Building & Safety
City of National City
1243 National City Blvd
National City, CA 91950
RE Temporary Use Permit
Dear Mr. Olson,
This letter serves as an official authorization for Paradise Valley Hospital and The
National City Times to hold the "Health & Wellness Fair" at the Paradise Valley
Hospital parking lot located at 2400 E. 4th Street National City, CA 91950
The National City Times thru Ditas Vamane is the Executive Director of the event
which will be held on Saturday, October 30, 2010 from gam - 4pm and the event will
occupy the parking lot from October 29 — 31 for set-up, operation, removal and clean-
up of the festival.
Should you have any question, please call me.
Thank you.
Sincerely,
Luis LA-C, ljhO
Chief Executive Officer
Paradise Valley Hospital
TING DATE:
CITY OF NATIONAL CITY, CALIFORNIA
COMMUNITY DEVELOPMENT COMMISSION
COUNCIL AGENDA STATEMENT
July 20, 2010
AGENDA ITEM NO. 25
ITEM TITLE:
Authorize the reimbursement of Community Development Commission expenditures in the amount
of $97,686.41 to the City of National City for the period of 06/09/10 through 06/15/10
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: APPROVED:
ACCOUNT NO. APPROVED:
Approve the reimbursement of funds to the City of National City in the amount of $97,686.41
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
Finance
MIS
STAFF RECOMMENDATION:
Accept and File.
BOARD / COMMISSION RECOMMENDATION:
N/A
rACHMENTS:
vvarrants for the period of 06/09/10 through 06/15/10
PAYEE
CLE INTERNATIONAL
EQUIFAX INFORMATION SVCS
GEOSYNTEC CONSULTANTS
HAASC
HOGLE IRELAND INC
SAN DIEGO CLIPPING SERVICE
STAPLES ADVANTAGE
SECTION 8
SECTION 8 HAPS PAYMENTS
PAYROLL
Pay period
12
IRCORPORATrD
COMMUNITY DEVELOPMENT COMMISSION
WARRANT REGISTER #50
6/15/2010
Start Date
5/18/2010
DESCRIPTION
MUNICIPAL LAW SEMINAR
BACKGROUND/CREDIT CK FOR S8
ENVIRONMENTAL CONSULTING
CHAPTER MEMBERSHIP DUES
NC CONSOLIDATED/ACTION PLAN
NEWS READING/CLIPPING SERVICE
MOP 45704 OFFICE SUPPLIES-REDEV
Start Date
6/9/2010
End Date
5/31/2010
End Date
6/15/2010
Check Date
6/9/2010
CHK NO
236750
236751
236752
236753
236754
236755
236756
DATE AMOUNT
6/15/10 1,190.00
6/15/10 50.33
6/15/10 1,627.30
6/15/10 850.00
6/15/10 911.25
6/15/10 65.50
6/15/10 95.60
AIP Total $ 4,789.98
7,179.53
85,716.90
GRAND TOTAL $ 97,686.41
COMMUNITY DEVELOPMENT COMMISSION
Warrant Register # 50
6/15/2010
502 SECTION 8 FUND
505 HOME FUND
511 TAX INCREMENT FUND
522 LOW/MODERATE HOUSING FUND
31,034.14
2,583.96
59,774.71
4,293.60
97,686.41
STING DATE:
CITY OF NATIONAL CITY, CALIFORNIA
COMMUNITY DEVELOPMENT COMMISSION
COUNCIL AGENDA STATEMENT
July 20, 2010
AGENDA ITEM NO.
26
ITEM TITLE:
Authorize the reimbursement of Community Development Commission expenditures in the amount
of $122,390.32 to the City of National City for the period of 06/16/10 through 6/22/10
PREPARED BY: 'K. Apalategui DEPARTMENT:
PHONE: '619-336-4331APPROVED 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 $122,390.32Z
ENVIRONMENTAL REVIEW:
NA
ORDINANCE: INTRODUCTION: FINAL ADOPTION:
Finance
MIS
STAFF RECOMMENDATION:
Accept and File.
BOARD / COMMISSION RECOMMENDATION:
N/A
'ACHMENTS:
ivvarrants for the period of 06/16/10 through 06/22/1 f.
Nit
198€8-7 _.
COMMUNITY DEVELOPMENT COMMISSION
WARRANT REGISTER #51
6/22/2010
PAYEE
DIXIELINE BUILDERS
FEDEX
HUSK PARTNERS
KONICA MINOLTA
PRO BUILD
PRUDENTIAL OVERALL SUPPLY
STRADLING YOCCA CARLSON &
THE BANK OF NEW YORK
VISTA PAINT
WESTFLEX INDUSTRIAL
DAVID REED LANDSCAPE ARCHITECT
HARRIS & ASSOCIATES INC
IKON OFFICE SOLUTIONS
NINYO & MOORE
PROJECT PARTNERS INC
WADE & ASSOCIATES
SECTION 8
SECTION 8 HAPS PAYMENTS
DESCRIPTION
CONSTRUCTION SERVICES
BONDS/GRANTS UNIT -HOUSING
CONSULTING SVCS - JUNE 2010
COPIER CONTRACT SERVICES
MOP 45707 BRUSHNALVE/TOWEL
MOP 45742 UNIFORMS - NSD
SUDBERRY/GATEWAY
DRAW COST FOR LOAN AGREEMENT
MOP 68834 PAINT
MOP 63850 MISC SUPPLIES - NSD
ART CENTER PROJECTS PHASE 2
8TH ST. CORIDOR SMART GROWTH
COPIER MAINTENANCE
MATERIAL TESTING - MARINA GATEWAY
ART CENTER PHASE II
BAY MARINA GATEWAY
Start Date End Date
6/16/2010 6/22/2010
CHK NO DATE AMOUNT
236853 6/22/10 27,784.65
236854 6/22/10 66.06
236855 6/22/10 7,500.00
236856 6/22/10 492.06
236857 6/22/10 166.26
236858 6/22/10 26.68
236859 6/22/10 2,567.50
236860 6/22/10 50.00
236861 6/22/10 3,437.68
236862 6/22/10 328.03
236901 6/22/10 755.79
236917 6/22/10 32,062.00
236921 6/22/10 1,993.25
236931 6/22/10 1,943.75
236940 6/22/10 8,006.25
236968 6/22/10 15,880.00
Ail' Total $ 103,059.96
19,330.36
GRAND TOTAL $ 122,390.32
envy(
168'7
COMMUNITY DEVELOPMENT COMMISSION
Warrant Register # 51
6/22/2010
502 SECTION 8 FUND
505 HOME FUND
506 HOME LOAN PROGRAM FUND
511 TAX INCREMENT FUND
522 LOW/MODERATE HOUSING FUND
21, 323.61
0.00
27, 784.65
73,216.00
66.06
122,390.32
CITY OF NATIONAL CITY, CALIFORNIA
COMMUNITY DEVELOPMENT COMMISSION
COUNCIL AGENDA STATEMENT
STING DATE: July 20, 2010
AGENDA ITEM NO.27
ITEM TITLE:
Resolution of the Community Development Commission of the City of National City (CDC) approving a
Third Amendment to the Disposition and Development Agreement by and between the CDC and
Southwestern Community College District to revise the Schedule of Performance and require
Southwestern Community College District to invest in a facade improvement to the parking structure
on 8(h St. and Roosevelt Ave. for an amount not to exceed $50,000.
PREPARED BY: Colby Young, Project Manager
PHONE: X4297
EXPLANATION:
Please see BACKGROUND REPORT
DEPARTMENT: Redevelo • ment
APPROVED BY:
►' b,�d Raw1540-,
FINANCIAL STATEMENT: APPROVED: ► Finance
ACCOUNT NO. APPROVED: MIS
No fiscal impact to National City. Facade improvement value up to $50,000. SWCCD expansion value
not yet determined.
ENVIRONMENTAL REVIEW:
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
STAFF RECOMMENDATION:
Adopt resolution
BOARD / COMMISSION RECOMMENDATION:
FACHMENTS:
Background Report
2. Proposed Third Amendment to Disposition and Development Agreement
3. Site Map
RESOLUTION NO. 2010-xx
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN
TO EXECUTE A THIRD AMENDMENT TO THE DISPOSITION AND
DEVELOPMENT AGREEMENT BY AND BETWEEN THE CDC AND
SOUTHWESTERN COMMUNITY COLLEGE DISTRICT TO REVISE THE
SCHEDULE OF PERFORMANCE AND REQUIRE SOUTHWESTERN
COMMUNITY COLLEGE DISTRICT TO INVEST IN A FACADE
IMPROVEMENT TO THE PARKING STRUCTURE ON 8TH STREET
AND ROOSEVELT AVE. FOR AN AMOUNT NOT TO EXCEED $50,000
("EDUCATION VILLAGE")
WHEREAS, the Community Development Commission of the City of National
City (CDC) and the Southwestern Community College District (SCCD) executed a Disposition
and Development Agreement (DDA) on May 21, 2002, for the development of the Education
Village redevelopment project in Downtown National City; and
WHEREAS, on November 14, 2002, the CDC and SCCD approved a
Construction License, an Indemnity Agreement, and an Amendment to the DDA to provide for
certain project coordination and construction efficiencies, and to amend the Schedule of
Performance; and
WHEREAS, on September 11, 2003, the CDC and SCCD approved a Second
Amendment to the DDA to provide SCCD the flexibility to better manage project funding sources
with no financial adverse effects to the CDC and to, once again, amend the Schedule of
Performance to reflect the current status of the project; and
WHEREAS, the parties have now determined that a Third Amendment to the
DDA is necessary to amend the Schedule of Performance to allow SCCD to budget for the final
phase of the project and improve the fagade of the parking structure located at 8`h Street and
Roosevelt Avenue.
NOW, THEREFORE, BE IT RESOLVED, that the Community Development
Commission of the City of National City hereby authorizes the Chairman to execute the Third
Amendment to the Disposition and Development Agreement with the Southwestern Community
College District for the development of the Education Village redevelopment project.
PASSED and ADOPTED this 20th day of July, 2010.
Ron Morrison, Chairman
ATTEST: APPROVED AS TO FORM:
Brad Raulston, Secretary Claudia G. Silva
Acting City Attorney
ATTACHMENT 1
BACKGROUND REPORT
On September 22, 1999 Southwestern Community College District
(SCCD) entered into an Exclusive Right to Negotiate Agreement with the
Community Development Commission of the City of National City (CDC) to
evaluate the feasibility of constructing a mixed -use
educational/commercial/residential development on the corner of National City
Boulevard and 8th Street in National City (APNs 555-083-21, 555-083-22, 555-
083-23, and 555-083-24).
On May 21, 2002 the CDC and SCCD entered a Disposition and
Development Agreement (DDA) wherein the CDC agreed to convey CDC -owned
property on National City Boulevard (APNs 555-083-21, 555-083-22, 555-083-23,
and 555-083-24) to SCCD to redevelop an approximate 152,460 square foot
portion of the National City Redevelopment Project area to house Southwestern
Community College, commercial and retail facilities, and other educational
institutions as well as associated parking ("Education Village"). The DDA
included a Schedule of Performance which identified deadlines to complete each
phase of development.
On November 14, 2002 the CDC and SCCD approved a Construction
License, Indemnity Agreement and Amendment to the DDA to provide for certain
project coordination and construction efficiencies and to amend the Schedule of
Performance attached to the DDA.
On September 11, 2003 the CDC amended the DDA for a second time to
modify the payment terms to allow SCCD to pay $800,000 of the purchase price
in cash at the closing of escrow with the balance of $1,200,000 evidenced by a
promissory note secured by a deed of trust on the site and to revise the Schedule
of Performance attached to the DDA.
Due to State budgeting restrictions, SCCD is unable to meet the Schedule
of Performance identified in the Second Amendment to the DDA dated
September 11, 2003. With the approval of Proposition R in 2008, SCCD was
allowed to issue and sell general obligation bonds. Proceeds from the sale of
bonds authorized by Proposition R may be used by the SCCD only for the
construction, reconstruction and/or rehabilitation of its community college
facilities. With the revenue generated from said bonds, SCCD has budgeted to
complete the obligations from the DDA to meet the proposed Schedule of
Performance. Construction will commence in September, 2015 if the Amendment
is approved.
SWCCD has also agreed to invest up to $50,000 on a facade
improvement to the existing parking structure on 8th Street and Roosevelt
Avenue upon National City City Council and Southwestern Community College
District Council approval of the facade improvement. The facade improvement
will be commenced immediately following approvals.
ATTACHMENT 2
THIRD AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT
This THIRD AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT (the
"Amendment") is made and entered into effective as of the l3th day of May, 2010, by and between the
COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a public
body, corporate and politic (the "CDC"), and SOUTHWESTERN COMMUNITY COLLEGE
DISTRICT, a Community College District established pursuant to California law ("Developer").
RECITALS
A. In furtherance of the objectives of the California Community Redevelopment Law, the
CDC desires to redevelop an approximately 152,460 square foot portion of the National City
Redevelopment Project which is bounded by 8th Street to the North, National City Boulevard to the East,
Roosevelt to the West and Plaza Boulevard to the South located in the City of National City, County of
San Diego, State of California (the "Site").
B. The CDC and Developer have previously entered into that certain Disposition and
Development Agreement which was executed by the parties effective as of July 9, 2002 (the "Original
Agreement") as amended by that certain Construction License, Indemnity Agreement and Amendment to
the Disposition and Development Agreement dated October 15, 2002 (the "First Amendment") and
Amendment to Disposition and Development Agreement dated September 11, 2003 (the "Second
Amendment") (The Original Agreement, First amendment and Second Amendment are jointly referred to
herein as the "DDA").
C. The Developer and CDC now desire to (i) revise the Schedule of Performance attached to
the DDA, and (ii) require Developer to invest no more than $50,000 to improve the facade of the parking
structure on the Site.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, the parties agree as follows:
AGREEMENT
1. Defined Terms_ All capitalized terms used in the Amendment shall have the same
meanings as defined in the DDA unless otherwise defined herein.
2. Schedule of Performance. The Schedule of Performance attached to the Second
Amendment as Exhibit "C" is hereby deleted and of no force or effect ab initio, and the Schedule of
Performance attached the this Amendment as Exhibit "A" is hereby substituted in lieu thereof.
3. Facade Improvement. The Facade Improvement shall consist of an art piece on the
West face of parking structure on the Site. Conceptual design of piece shall be provided to Developer by
CDC. Facade Improvement requires CDC and Developer approval of fmal design plans. Developer shall
retain complete ownership of Facade Improvement upon completion and maintain for 10 years.
4. Full Force and Effect of DDA. Except as amended hereby, the DDA shall remain in
full force and effect.
1
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the date set forth
above.
COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY.
A public body corporate and politic.
Dated:
ATTEST:
,2010 By:
Ron Morrison, Chairman
By:
Brad Raulston
Executive Director, CDC
APPROVED AS TO FORM:
Claudia G. Silva,
Acting City Attorney
DEVELOPER:
SOUTHWESTERN COMMUNITY COLLEGE
DISTRICT. A Community College District
Dated:_ko?/ , 2010 By: t'U (?
Raj K. Chopra, Ph.D.
Superintendent/President
2
Approved is to foto by the office of die
Purchasing, Contracting & Central Services
nrocEa AA M, .10
EXHIBIT A
SCHEDULE OF PERFORMANCE
Item Projected End Date
SWC Submission of Mass Grading Plan Received
DDA Approved by Council/Commission May 2I, 2002
DDA Approved by SWC June 12, 2002
CDC Delivery of ALTA Survey June 15, 2002
Completion of Design Development Documents July 1, 2002
Construction Documents Completed
*CDC Acquisition of title to Site and completion
of CDC Improvements
City Processing and granting of all required
Approval, studies, EIR and parcel maps
September 15, 2002
December 31, 2002
January 1, 2003
SWC Land Acquisition January 1, 2003
DSA Plan Check March 1, 2003
Bid Construction Documents March 15, 2003
Construction Contract Approval by SWC May 15, 2003
CDC Delivery of $2,500,000 to Account Prior to Start of Construction Phase I
Start of Construction Phase 1 June 1, 2003
CDC Completion of Infrastructure Improvements Prior to Phase 1 Completion
Estimated Date of Phase 1 Completion September 1, 2004
*** Begin Phase Il June 1, 2005
Preliminary Planning/City of National City and
Southwestern Community College District March, 2012
Submit Basic Concept Drawings for Phase 1Ii/IV July, 2013
Complete Construction Documents and submit to
DSA for Approval July, 2014
**Begin Phase III/IV Construction September, 2015
Updated November, 2009
06
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CITY OF NATIONAL CITY, CALIFORNIA
COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT
MEETING DATE: July 20, 2010
AGENDA ITEM NO.
8
EM TITLE:
IA resolution approving a $675,000 Loan Agreement by and between the CDC and Mile of Cars
Association for rehabilitation of Mile of Cars freeway signage (loan term 20 years at 2-percent
interest). (Tax Increment Fund).
PREPARED BY: Patricia Bearc
PHONE: 4255
DEPARTMENT: Redevelopment Division
APPROVED B
far 8
EXPLANATION:
In order to assist in the revitalization of the Mile of Cars within the National City Redevelopment Project,
staff is asking the CDC Board to consider authorizing a loan for the rehabilitation of freeway signage.
Three freeway signs will be refurbished with the funds: signage on 1-5, SR 54 and 1-805. The Mile of
Cars Association will repay the CDC over a 20-year time period at 2-percent interest — 80 quarterly
payments of $10,030.04. Security for the loan comes through the City's ability to collect assessment
payments directly from the Association's members in the event of a default (Ordinance 2001-2191) and
the value of the signs themselves.
FINANCIAL STATEMENT: APPROVED:
Finance
transfer $675,000 from the Debt Service Fund (261) to the Tax Increment Fund (511) and
establish a loan receivable account 511-0242 in the amount of $659,900. Interest earning is
estimated at $142,203.20 over the 20 year period. $15,000 of the loan will be used for loan set up
expenses such as legal fees..I
`=NVIRONMENTAL REVIEW: Not applicable,
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
STAFF RECOMMENDATION: Adopt the resolution.
BOARD / COMMISSION RECOMMENDATION:
ATTACHMENTS: Proposed Loan Agreement.
RESOLUTION NO. 2010 —
RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION AUTHORIZING THE CHAIRMAN TO
EXECUTE A FREEWAY SIGN REHABILITATION LOAN
AGREEMENT IN THE AMOUNT OF $675,000 BY AND
BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION
AND THE NATIONAL CITY MILE OF CARS ASSOCIATION
WHEREAS, the Community Development Commission ("CDC") is authorized and
empowered under the Community Redevelopment Law, California Health and Safety Code
Section 33000, et seq. ("CRL"), to assist in the redevelopment of real property within a
redevelopment project area in conformity with a redevelopment plan adopted for such area; and
WHEREAS, the Mile of Cars Association is the owner of three separate freeway
signs with electronic displays in the City of National City; the first approximately located at 339
West 8th Street, visible from Interstate 5 ("1-5 Sign"); the second at 1615 East 14th Street,
visible from Interstate 805 ("1-805 Sign"); and the third at 1728 Sweetwater Road, visible from
California State Highway 54 ("Hwy 54 Sign"); and
WHEREAS, the CDC and Mile of Cars Association desire to rehabilitate the
existing structures located in the Project Area through a Freeway Sign Rehabilitation Loan
Agreement ("Loan Agreement") to make them safe and sound in all respects, attractive in
appearance, and not detrimental to the surrounding areas; and
WHEREAS, the Loan Agreement is subject to the provisions of the CRL, the
commercial rehabilitation loan program policies and standards adopted by the Commission, and
the Redevelopment Plan for the National City Redevelopment Project; and
WHEREAS, the Loan Agreement is for the rehabilitation of the existing
equipment and improvements constituting the signage, and for the Mile of Cars Association to
cause the rehabilitation of the signage; and
WHEREAS, the CDC further desires to enter into this Loan Agreement to ensure
Mile of Cars Association's redevelopment and operation of the signage because, pursuant to
the CRL and the Redevelopment Plan, such actions will help to eliminate blight in the Project
Area;
NOW, THEREFORE, BE IT RESOLVED that the Community
Development Commission of the City of National City hereby authorizes the Chairman to
execute a Freeway Sign Rehabilitation Loan Agreement in the amount of $675,000 by
and between the Community Development Commission of the City of National City and
Mile of Cars Association for the rehabilitation of the electronic freeway signs located
near Interstate 5, Interstate 805, and California State Highway 54.
--- Signature Page to Follow ---
Resolution No. 2010 —
Page 2
PASSED and ADOPTED this 20th day of July, 2010.
Ron Morrison, Chairman
ATTEST:
Brad Raulston, Secretary
APPROVED AS TO FORM:
Claudia G. Silva
Acting City Attorney
FREEWAY SIGN REHABILITATION LOAN AGREEMENT
By and Between the
CITY OF NATIONAL CITY COMMUNITY
DEVELOPMENT COMMISSION
and
MILE OF CARS ASSOCIATION, A NONPROFIT
MUTUAL BENEFIT CORPORATION
07/13/10
DOCSOC/ 1414542v4/200191-0002
TABLE OF CONTENTS
Page
100. DEFINITIONS 2
200. COMMISSION ASSISTANCE 4
201. Commission Rehabilitation Loan 4
202. Disbursement of Commission Rehabilitation Loan 4
203. Conditions Precedent to Disbursement to Participant 4
204. Repayment of Commission Rehabilitation Loan 4
205. Assumption of Commission Rehabilitation Loan 5
206. Ilazardous Materials 5
300. REHABILITATION OF TIIE SIGNAGE 6
301. Scope of Work 6
302. Defects in Rehabilitation 6
303. Land Use Approvals and Permits 6
304. Time of Performance 6
305. Insurance Requirements 7
306. Indemnity 7
307. [Intentionally Omitted.] 8
308. Relocation Obligations 8
309. Release of Construction Covenants 8
310. Taxes and Assessments 8
311. Compliance With Laws 9
400. COVENANTS AND RESTRICTIONS 9
401. Use in Accordance with Redevelopment Plan and Municipal Code 9
402. Operating Covenant 10
403. Maintenance Covenants 10
404. Nondiscrimination Covenants 10
405. Effect of Violation of the Terms and Provisions of this Agreement After Completion
of Rehabilitation 1 1
500. DEFAULTS AND REMEDIES 12
501. Default Remedies 12
502. (Reserved] 12
503. Termination by the Commission 12
504. Acceptance of Service of Process 12
505. Rights and Remedies Are Cumulative 12
506. Inaction Not a Waiver of Default 12
507. Applicable Law 13
600. GENERAL PROVISIONS 13
601. Notices, Demands and Communications Between the Parties 13
602. Enforced Delay; Extension of Times of Performance 13
603. Transfers of Interest in Signage or Agreement. 14
604. Relationship Between Commission and Participant 14
605. Commission Approvals and Actions 14
606. Counterparts 14
607. Integration 14
07/13/10
DOCSOC/ 1414542v4/200191-0002
TABLE OF CONTENTS
(Continued)
Page
608. Real Estate Brokerage Commission 15
609. Attorneys' Fees 15
610. Titles and Captions 15
611. Interpretation 15
612. No Waiver 15
613. Modifications 15
614. Severability 15
615. Computation of Time 15
616. Legal Advice 15
617. Time of Essence 16
618. Cooperation 16
619. Conflicts of Interest 16
620. Time for Acceptance of Agreement by Commission 16
621. Non -Liability of Officials and Employees of the Commission to the Participant 16
622. Non -Liability or Members, Officials, and Employees of the Participant to the
Commission 16
Attachment No. 1
Attachment No. 2
Attachment No. 3
Attachment No. 4
Attachment No. 5
ATTACHMENTS
Scope of Work
Promissory Note
Security Agreement
Release of Construction Covenants
Maintenance Agreement
11
DOCSOC/1414542v4/200191-0002
FREEWAY SIGN REHABILITATION LOAN AGREEMENT
This FREEWAY SIGN REHABILITATION LOAN AGREEMENT ("Agreement") is
entered into as of July 8, 2010, by and between the CITY OF NATIONAL CITY COMMUNITY
DEVELOPMENT COMMISSION, a public body, corporate and politic ("Commission"), and
MILE OF CARS ASSOCIATION, a California nonprofit, mutual benefit corporation
("Participant").
RECITALS
The following recitals are a substantive part of this Agreement:
A. The Commission is authorized and empowered under the Community Redevelopment
Law, California Health and Safety Code Section 33000, et seq. ("CRL"), to assist in the
redevelopment of real property within a redevelopment project area in conformity with a
redevelopment plan adopted for such area.
B. Participant is the owner of three (3) separate freeway signs with electronic displays in
the City of National City, the first located approximately at 339 W. 8th Street visible from
Interstate 5 ("I-5 Sign"). the second at 1615 E. 14th Street visible from Interstate 805 ("I-805 Sign"),
and the third at 1728 Sweetwater Road visible from California State Highway 54 ("Hwy 54 Sign").
Collectively the 1-5 Sign, the 1-805 Sign, and the Hwy 54 Sign shall be referred to hereinafter as the
Signage and the property underlying each is referred to herein as the "Properties."
C. This Agreement is subject to the provisions of the CRL, the commercial rehabilitation
loan program policies and standards adopted by the Commission, and the Redevelopment Plan for
the National City Redevelopment Project. The foregoing provide for the rehabilitation of existing
structures located in the Project Area (as that term is defined and described in the Redevelopment
Plan) through loans and other forms of Commission assistance to make them safe and sound in all
respects, attractive in appearance, and not detrimental to the surrounding areas.
D. The Commission and the Participant desire by this Agreement for the Commission to
agree to make a loan ("Commission Rehabilitation Loan") for the rehabilitation ("Rehabilitation") of
the existing equipment and improvements constituting the Signage, and for the Participant to cause
the Rehabilitation of the Signage as provided herein. The Commission agrees to provide the
Commission Rehabilitation Loan in order to assist the Participant in the Rehabilitation of the
Signage.
E. The Commission further desires to enter into this Agreement to ensure Participant's
redevelopment and operation of the Signage because, pursuant to the CRL and the Redevelopment
Plan, such actions will help to eliminate blight in the Project Area. The Commission's making of the
Commission Rehabilitation Loan to the Participant, and the Participant's Rehabilitation of the
Signage pursuant to the terms of this Agreement, is in the vital and best interest of the City of
National City, and the health, safety and welfare of its residents.
NOW, THEREFORE, the Commission and the Participant hereby agree as follows:
DOCSOC/1414542v4/200191-0002
100. DEFINITIONS
"Agreement" means this Freeway Sign Rehabilitation Loan Agreement by and between the
Commission and the Participant.
"City" means the City of National City, a California municipal corporation.
"Commission" means the City of National City Community Development Commission, a
public body, corporate and politic, exercising governmental functions and powers and organized and
existing under Chapter 2 of the Community Redevelopment Law and any assignee of or successor to
its rights, powers and responsibilities.
"Commission Rehabilitation Loan" means the loan from the Commission to the Participant
for the Rehabilitation of the Signage, as set forth in Section 201.
"Community Redevelopment Law" or "CRL" means California Health and Safety Code
Section 33000, et seq.
"County" shall mean the County of San Diego.
"Date ofAgreernent" means the date inserted in the first paragraph of this Agreement.
"Default" means the failure of a party to perform any action or covenant required by this
Agreement within the time periods provided herein following notice and opportunity to cure, as set
forth in Section 501 hereof.
"Governmental Requirements" means all laws, ordinances, statutes, codes, rules,
regulations, orders and decrees of the United States, the State of California. the County, the City or
any other political subdivision in which the Signage is located, and of any other political subdivision,
agency or instrumentality exercising jurisdiction over the Commission, the Participant or the
Signage.
"Hazardous Materials" means any substance, material or waste which is or becomes
regulated by any local governmental authority, the State of California or the United States, including,
but not limited to, any material or substance which is (i) defined as a "hazardous waste," "extremely
hazardous waste," or "restricted hazardous waste" under Sections 251 15, 251 17 or 25122.7, or listed
pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5
(Hazardous Waste Control Law), (ii) defined as a "hazardous substance" under Section 25316 of the
California Health and Safety Code, Division 20, Chapter 6.8 (Carpenter -Presley -Tanner Hazardous
Substance Account Act), (iii) defined as a "hazardous material," "hazardous substance," or
"hazardous waste" under Section 25501 of the California Health and Safety Code, Division 20,
Chapter 6.95 (I-Iazardous Materials Release Response Plans and Inventory), (iv) defined as a
"hazardous substance" under Section 25281 of the California Health and Safety Code, Division 20,
Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum, (vi) friable asbestos,
(vii) polychlorinated biphenyls, (viii) methyl tert butyl ether, (ix) listed under Article 9 or defined as
"hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California
Administrative Code, Division 4. Chapter 20, (x) designated as "hazardous substances" pursuant to
Section 311 of the Clean Water Act (33 U.S.C. Section 1317), (xi) defined as a "hazardous waste"
pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901,
2
DOCSOC/ 1414542 v4/200191-0002
3
et seq. (42 U.S.C. Section 6903) or (xii) defined as "hazardous substances" pursuant to Section 101
of the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C.
Section 9601, et seq.
"Maintenance Agreement" means the agreement to be executed by the Participant in the
form of Attachment No. 5 which is attached hereto and incorporated herein.
"Notice" is defined in Section 601 hereof.
"Participant" means the Mile of Cars Association, a California nonprofit, mutual benefit
corporation, and its successors and assigns.
"Promissory Note" means the Promissory Note attached hereto as Attachment No. 2, to be
executed by the Participant in favor of the Commission for the repayment of the Commission
Rehabilitation Loan, as set forth in Section 201 hereof.
"Properties" is defined in Recital B.
"Redevelopment Plan" means the Redevelopment Plan for the National City Redevelopment
Project, approved and adopted by the City Council of the City of National City as most recently
amended by Ordinance No. 2007-2295. Such ordinance and the Redevelopment Plan as so approved,
merged and amended are incorporated herein by reference.
"Redevelopment Project" means National City Redevelopment Project Area adopted by the
City pursuant to the Redevelopment Plan.
"Rehabilitation" means the rehabilitation of the Signage as set forth herein and in the Scope
of Work.
"Release of Construction Covenants" means the document which evidences the
Participant's satisfactory completion of the Rehabilitation of the Signage, as set forth in Section 309
hereof, in the form of Attachment No. 4 hereto which is incorporated herein.
"Scope of Work" means that certain Scope of Work attached hereto as Attachment No. 1 and
incorporated herein, which describes the scope, amount and quality of the Rehabilitation of the
Signage by the Participant.
"Security Agreement" means the Security Agreement attached hereto as Attachment No.3, to
be executed by the Participant in favor of the Commission, and recorded as security for the
repayment of the Promissory Note, as set forth in Section 201 and Section 204 hereof.
"Signage" means the three (3) freeway signs with electronic displays that are to undergo
Rehabilitation pursuant to his Agreement, specifically, the 1-5 Sign, the I-805 Sign, and the Ilwy 54
Sign each defined and described in Recital B.
"Transfer" is defined in Section 603.1 hereof
3
DOCSOC/1414542v4/200191-0002
200. COMMISSION ASSISTANCE
201. Commission Rehabilitation Loan. The Commission hereby agrees to loan to the
Participant the sum of six hundred seventy-five thousand dollars ($675,000) ("Commission
Rehabilitation Loan"). subject to the terms and conditions set forth in this Agreement, and subject
further to the terms and conditions set forth within the documents and instruments to be executed in
connection with this transaction, including the Promissory Note and Security Agreement.
202. Disbursement of Commission Rehabilitation Loan. Within thirty (30) days
following satisfaction of the conditions precedent set forth in Section 203 hereof, the full sum of the
Commission Rehabilitation Loan minus fifteen thousand dollars ($ 15,000) for associated transaction
costs shall be payable to or on behalf of the Participant.
203. Conditions Precedent to Disbursement to Participant. The following conditions
are conditions precedent to the Commission's obligation to make the disbursement of the
Commission Rehabilitation Loan:
a. Execution and Delivery of Documents. Participant shall have executed and
delivered to the Commission the Promissory Note, the Security Agreement and any other documents
and instruments reasonably required to be executed and delivered by Participant. Participant shall
also tile the UCC-1 Financing Statement attached as Exhibit A to the Security Agreement.
b. Request for Payment. Participant shall have submitted a request for
payment to the Commission, together with invoices from all contractors and subcontractors and any
other requested information and documents with respect to the scope and cost of the Rehabilitation of
the Signage.
c. Inspection of Work. The Commission shall have inspected the
Rehabilitation work and shall have determined that the work of improvement has been completed in
accordance with this Agreement and the Scope of Work, and has been completed in a reasonably
satisfactory manner in accordance with the standards of the construction industry.
d. Permits and Approvals/Business License. The Participant shall have
received all permits land use approvals for the Rehabilitation of the Signage required pursuant to
Section 303 hereof. In addition, Participant shall have a current business license from the City.
e. Insurance. The Participant shall have taken out and maintained or shall have
caused its contractor to take out and maintain the insurance policies which are required pursuant to
Section 305 hereof.
f. Compliance With Municipal Code. Participant shall have constructed the
Signage in compliance with this Agreement and the National City Municipal Code.
g. No Default. There shall exist no condition, event or act which would
constitute an Event of Default (as hereinafter defined) hereunder or which, upon the giving of notice
or the passage of time, or both, would constitute an Event of Default.
204. Repayment of Commission Rehabilitation Loan. Participant hereby agrees to
execute a Promissory Note in the form attached hereto as Attachment No. 2 and incorporated herein,
by which Participant shall agree to repay to the Commission the full amount of the Commission
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Rehabilitation Loan, on or before the twentieth (20th) anniversary of the disbursement made pursuant
to Section 202 hereof ("Maturity Date"). Interest shall accrue at the rate of two percent (2%) per
annum upon such obligation (provided that in the event such interest rate exceeds the maximum
interest which may be lawfully charged, then this Agreement and the Promissory Note shall be
deemed to instead provide for interest to be charged at the highest interest rate that may be charged
pursuant to applicable laws). Pursuant to the terms of the Promissory Note, the Participant shall
make eighty (80) equal payments of Ten Thousand Thirty and 4/100s Dollars ($10,030.04) each, on a
quarterly basis, commencing upon the date three months from the date the disbursement of the
Commission Rehabilitation Loan, and made every three months thereafter until and through the
Maturity Date. The full principle of the Commission Rehabilitation Loan, together with any other
amounts as may become due and payable to the Commission pursuant to the Promissory Note, shall
be due and payable to the Commission upon the occurrence of any violation or failure of Participant
to perform under one or more of the provisions of this Agreement, including, without limitation the
attachments hereto (an "Event of Default") which is not cured within the time set forth herein, or
sooner upon the sale or other transfer of the Signage, or the sale or transfer of a controlling interest in
the Participant. The obligations under the Promissory Note shall be secured by the Security
Agreement.
205. Assumption of Commission Rehabilitation Loan. The Commission Rehabilitation
Loan is made to Participant based upon Participant's unique operational experience and expertise,
and is specific to the Participant. Accordingly, neither this Agreement nor the Promissory Note shall
be assignable or assumable by successors and assigns of Participant, except to permitted transferees
pursuant to Section 603 hereof.
206. Hazardous Materials.
206.1 Participant Disclosure. Participant hereby represents that it is not aware of
and has not received any notice or communication from any government agency having jurisdiction
over the Properties notifying Participant of the presence of surface or subsurface zone Hazardous
Materials in, on, under, or around the Properties, or any portion thereof.
206.2 Participant Precautions. Participant shall take all necessary precautions to
prevent the release into the environment of any Hazardous Materials which are located in, on, under,
or around the Properties. Such precautions shall include compliance with all Governmental
Requirements with respect to Hazardous Materials. In addition, Participant shall install and utilize
such equipment and implement and adhere to such procedures as are consistent with commercially
reasonable standards as respects the disclosure, storage, use, removal and disposal of Hazardous
Materials.
206.3 Indemnity. Participant agrees to indemnify, defend and hold Commission
harmless from and against any claim, action, suit, proceeding, Loss, cost, damage, liability,
deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys' fees),
resulting from, arising out of or based upon (i) the release, use, generation, discharge, storage or
disposal of any Iazardous Materials on, under, in or about, or the transportation of any such
Hazardous Materials to or from the Properties during the period that the Participant owns any portion
of the Properties, no matter when such claim, action, suit or proceeding is first asserted or begun and
no matter how the Hazardous Materials came to be released, used, generated, discharged, stored or
disposed of on, under, in or about, to or from the Properties, or by whom or how they are discovered,
or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit,
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judgment or license relating to the use, generation, release, discharge, storage, disposal or
transportation of Hazardous Materials on, under, in or about, to or from, the Properties during the
period that the Participant owns any portion of the Signage. This indemnity shall include, without
limitation, any damage, liability, fine, penalty, parallel indemnity after closing, cost or expense
arising from or out of any claim, action, suit or proceeding, including injunctive, mandamus, equity
or action at law, for personal injury (including sickness, disease or death), tangible or intangible
property damage, compensation for lost wages, business income, profits or other economic Toss,
damage to the natural resource or the environment, nuisance, contamination, leak, spill, release or
other adverse effect on the environment. Participant shall not be required hereunder to indemnify the
Commission for the foregoing claims to the extent caused by the sole negligence of, willful
misconduct of, or breach of this Agreement by Commission or their officers, employees, agents,
representatives or volunteers.
300. REHABILITATION OF THE SIGNAGE
301. Scope of Work. Participant shall perform the Rehabilitation of the Signage in
accordance with the Scope of Work and the City Municipal Code. All of the cost of planning,
designing, developing, and rehabilitating the Signage shall be initially incurred solely by the
Participant, subject to full or partial reimbursement by the Commission's disbursement to the
Participant of the Commission Rehabilitation Loan.
302. Defects in Rehabilitation. The Commission shall not be responsible either to the
Participant or to third parties in any way for any defects in the Rehabilitation of the Signage, nor for
any structural or other defects in any work done according to the Scope of Work. The Participant
shall hold harmless, indemnify and defend the Commission, the City and their officers, employees,
agents, representatives and volunteers from and against any claims, suits for damages to property or
injuries to persons arising out of or in any way relating to defects in the Rehabilitation of the
Signage, including without limitation the violation of any laws, and for defects in any work done.
303. Land Use Approvals and Permits. Before commencement of Rehabilitation of the
Signage, and as a Condition Precedent to any disbursement of the Commission Rehabilitation Loan
pursuant to Section 202, Participant shall, at its own expense, secure or cause to be secured any and
all land use and other entitlements, permits, and approvals which may be required for the
Rehabilitation of the Signage by the City or any other governmental agency affected by or having
jurisdiction over such construction or work. Participant shall, without limitation, apply for and
secure, and pay all costs, charges and fees associated therewith, all permits and fees required by the
City, County, and other governmental agencies with jurisdiction over the Signage. Participant shall
also confer with Commission staff prior to commencement of any Rehabilitation work to ensure that
such work complies with the Scope of Work and is eligible for reimbursement pursuant to the
Commission Rehabilitation Loan. Commission staff will work cooperatively with the Participant to
assist in coordinating the expeditious processing and consideration of all necessary permits,
entitlements, and approvals. However, the execution of this Agreement does not constitute the
granting of or a commitment to obtain, approve, or grant any required land use permits, entitlements,
or approvals required by Commission or the City.
304. Time of Performance. Rehabilitation of the Signage shall be commenced no later
than August 1, 2010, and completed no later than December 30, 2010. The Participant shall
continuously and diligently pursue the Rehabilitation to completion and shall not abandon the
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Rehabilitation for more than thirty (30) days except when due to causes beyond the control and
without the fault of Participant as set forth in Section 602,
305. Insurance Requirements. Participant shall take out and maintain or shall cause its
contractors to take out and maintain until the completion of the Rehabilitation of the Signage a
comprehensive general liability policy in the amount of one million dollars ($1,000,000) combined
single limit policy, which shall protect Participant, City and Commission from claims for such
damages. Such policy or policies shall be written on an occurrence form and shall apply separately
to each insured against whom claim is made or suit is brought, except with respect to the limits of the
insured's liability. Participant shall also furnish or cause to be furnished to Commission evidence
satisfactory to the Commission that Participant and any contractor with whom it has contracted for
the performance of work on the Signage or otherwise pursuant to this Agreement carries workers'
compensation insurance as required by law. Participant shall furnish a certificate of insurance
countersigned by an authorized agent of the insurance carrier on a form reasonably acceptable to the
Commission setting forth the general provisions of the insurance coverage. This countersigned
certificate shall name the City and Commission and their respective officers, officials, employees,
agents, and representatives as additionally insured parties under the policy, and the certificate shall
be accompanied by a duly executed endorsement evidencing such additional insured status. The
certificate and endorsement by the insurance carrier shall contain a statement of obligation on the
part of the carrier to notify City and Commission of any material change, cancellation or termination
of the coverage at least thirty (30) days in advance of the effective date of any such material change,
cancellation or termination. Coverage provided hereunder by Participant shall be primary insurance
and not be contributing with any insurance maintained by Commission or City, and the policy shall
contain such an endorsement. The insurance policy or the endorsement shall contain a waiver of
subrogation for the benefit of the City and Commission. All policies shall be written by good and
solvent insurers qualified to do business in California. The required certificate shall be furnished by
Participant at the time set forth herein.
306. Indemnity. Participant shall defend, indemnify, assume all responsibility for, and
hold Commission and City, and their respective officers, employees, agents, representatives and
volunteers harmless from, all claims, demands, damages, defense costs or liability of any kind or
nature (including attorneys' fees and costs) and for any damages to property or injuries to persons,
including accidental death, which may be caused by or arise out of the Participant's performance or
failure to perform its obligations pursuant to this Agreement, whether such activities or performance
thereof be by the Participant or by anyone employed or contracted with by the Participant and
whether such damage shall accrue or be discovered before or after termination of this Agreement.
Participant shall not be required hereunder to indemnify the Commission and City for property
damage, bodily injury or other claims to the extent caused by the negligence of, willful misconduct
of, or breach of this Agreement by City or Commission or their officers, employees, agents,
representatives or volunteers.
The Participant shall have the obligation to defend any such action; provided,
however, that this obligation to defend shall not be effective if and to the extent that Participant
determines in its reasonable discretion that such action is meritorious or that the interests of the
parties justify a compromise or a settlement of such action, in which case Participant shall
compromise or settle such action in a way that fully protects Commission and City from any liability
or obligation. In this regard, Participant's obligation and right to defend shall include the right to hire
(subject to written approval by the Commission and City) attorneys and experts necessary to defend,
the right to process and settle reasonable claims, the right to enter into reasonable settlement
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agreements and pay amounts as required by the terms of such settlement, and the right to pay any
judgments assessed against Participant, Commission, or City. If Participant defends any such action,
as set forth above, it shall indemnify and hold harmless Commission and City and their officers.
employees, representatives and agents from and against any claims, losses, liabilities, or damages
assessed or awarded against either of them by way of judgment, settlement, or stipulation.
307. 'Intentionally Omitted.]
308. Relocation Obligations. The parties do not contemplate that the activities to be
conducted pursuant to this Agreement will result in the displacement of any persons subject to the
California Relocation Assistance Law, California Government Code Section 7260, et seq.; however,
the Commission shall be responsible for complying and/or causing compliance with all applicable
federal, state and local laws and regulations concerning the displacement and/or relocation of all
eligible persons and/or businesses from the sites of the Signage, if any, including without limitation,
compliance with the California Relocation Assistance Law, California Government Code
Section 7260, et seq., all state and local regulations implementing such laws, and all other applicable
federal, state, and local laws and regulation relating to relocation. The Participant agrees to
reimburse the Commission, upon demand therefor, for all such costs which arc incurred by the
Commission hereunder. The Participant shall use good faith efforts to minimize or prevent, to the
maximum extent feasible, any displacement of existing tenants or other occupants of the Signage, if
any.
309. Release of Construction Covenants. Promptly after completion of the
Rehabilitation of the Signage in conformity with this Agreement, the Commission shall furnish the
Participant with a "Release of Construction Covenants," substantially in the form of Attachment
No. 4 hereto which is incorporated herein by reference. The Commission shall not unreasonably
withhold such Release of Construction Covenants. The Release of Construction Covenants shall be a
conclusive determination of satisfactory completion of the Rehabilitation of the Signage and the
Release of Construction Covenants shall so state. Any party then owning or thereafter purchasing,
leasing or otherwise acquiring any interest in the Signage shall not (because of such ownership,
purchase, lease or acquisition) incur any obligation or liability under this Agreement for the
Rehabilitation of the Signage.
IC the Commission refuses or fails to furnish a Release of Construction Covenants,
after written request from the Participant, the Commission shall, within thirty (30) days of written
request therefor, provide the Participant with a written statement of the reasons the Commission
refused or failed to furnish the Release of Construction Covenants. The statement shall also contain
the Commission's opinion of the actions the Participant must take to obtain the Release of
Construction Covenants. Even if the Commission shall have failed to provide such written statement
within such thirty (30) day period, the Participant shall not be deemed entitled to the Release of
Construction Covenants. The Release of Construction Covenants shall not constitute evidence of
compliance with or satisfaction of any obligation of the Participant to any holder of any mortgage, or
any insurer of a mortgage securing money loaned to finance the Rehabilitation of the Signage, or any
part thereof. The Release of Construction Covenants is not a notice of completion as referred to in
Section 3093 of the California Civil Code.
310. Taxes and Assessments. The Participant shall pay prior to delinquency all ad
valorem real estate taxes and assessments on the Signage. The Participant shall remove or have
removed any levy or attachment made on any of the Signage or any part thereof, or assure the
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satisfaction thereof within a reasonable time. The Participant shall not apply for or receive any
exemption from the payment of property taxes or assessments on any interest in the Signage. Nor
shall the Participant appeal or take any action to decrease the assessed valuation of the Signage
during the period of the operating covenant set forth in Section 402 hereof.
311. Compliance With Laws. The Participant shall carry out the design and construction
of the Rehabilitation of the Signage in conformity with all applicable laws, including all applicable
state labor standards, the City zoning and development standards, building, plumbing, mechanical
and electrical codes, and all other provisions of the City's Municipal Code, and all applicable
disabled and handicapped access requirements, including without limitation the Americans With
Disabilities Act, 42 U.S.C. Sections 12101, et seq., California Government Code Sections 4450,
et seq., California Government Code Sections 11135, et seq., and the Unruh Civil Rights Act, Civil
Code Sections 51, et seq. and all applicable state labor and work safety laws and regulations,
including, to the extent applicable, the provisions of Labor Code Sections 1770, et seq. relating to
prevailing wages as to which neither the City nor the Commission makes any representation.
Participant agrees to hold the City and the Commission harmless and to indemnify and defend the
City and the Commission from any claims arising under the provisions of Labor Code Sections 1720,
et seq., including but not limited to the provisions of Labor Code Sections 1726 and 1781.
Participant expressly waives any rights it may have under Labor Code Sections 1726 or 1781. It
shall be the sole responsibility of the Participant to determine the applicability of such laws to the
Rehabilitation of the Signage. Participant agrees to hold harmless, indemnify and defend the
Commission from any claim or liability in connection with the requirements of this section.
311.1 Nondiscrimination in Employment. Participant certifies and agrees that all
persons employed or applying for employment by it, its affiliates, subsidiaries, or holding companies,
and all subcontractors, bidders and vendors, are and will be treated equally by it without regard to, or
because of race, color, religion, ancestry, national origin, sex, age, pregnancy, childbirth or related
medical condition, medical condition (cancer related) or physical or mental disability, and in
compliance with Title VII of the Civil Rights Act of 1964, 42 U.S.C. Sections 2000, etseq., the
Federal Equal Pay Act of 1963, 29 U.S.C. Section 206(d), the Age Discrimination in Employment
Act of 1967. 29 U.S.C. Sections 621, etseq., the Immigration Reform and Control Act of 1986, 8
U.S.C. Sections 1324b, et seq., 42 U.S.C. Section 1981, the California Fair Employment and
Housing Act, California Government Code Sections 12900, et seq., the California Equal Pay Law,
California Labor Code Sections 1197.5, California Government Code Section 11135, the Americans
with Disabilities Act, 42 U.S.C. Sections 12101, etseq., and all other anti -discrimination laws and
regulations of the United States and the State of California as they now exist or may hereafter be
amended. Participant shall allow representatives of the Commission access to its employment
records related to this Agreement during regular business hours to verify compliance with these
provisions when so requested by the Commission.
400. COVENANTS AND RESTRICTIONS
401. Use in Accordance with Redevelopment Plan and Municipal Code. Participant
covenants and agrees for itself, its successors, assigns, and every successor in interest to the Signage
or any part thereof, that the Participant shall, during the term of effectiveness of the Redevelopment
Plan, operate the Signage to the uses specified in this Agreement, the Redevelopment Plan and all
applicable provisions of the City Municipal Code.
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402. Operating Covenant. For a term commencing upon the date of the Promissory Note
and ending twenty (20) years from that date, the Participant hereby covenants and agrees to operate
the Signage on a continuous basis to the display of commercial and community messages in
accordance with law. Except with the prior written consent of the Commission for each instance, as
set forth below, the failure of the Participant to operate the Signage according to the provisions of
this Section 402 for thirty (30) or more consecutive days shall, at the Commission's option, constitute
a Default hereunder; provided, however, that the Participant shall for purposes of this Section 402 be
deemed to be properly operating the Signage during any period that the Participant is prevented from
operating the Signage due to (i) required or necessary rehabilitation of the Signage (provided that the
period during which Signage is not operated as a result of such rehabilitation shall in no event exceed
one hundred eighty (180) days), or (ii) floods, earthquakes, fires, or other events of excusable delay
specified in Section 602 hereof which are not in any way due to the acts or omissions of the
Participant.
In the event that the Participant determines that it is necessary to change the use of the
Signage to some other use or uses, the Participant shall submit to the Commission a written request
for the Commission's consent to such change of use. The Participant's notice shall be accompanied
by detailed information regarding the proposed substitute use, Participant's operational qualifications
and experience with respect to the proposed use, and Participant's financial ability to operate the
proposed use. The Commission may, in considering any such request for approval of a change of
permitted use, take into consideration such factors as the Participant's past performance as an
operator of the proposed use, sales and use tax revenues projected to be received from or as a result
of the proposed use of the Signage, legal restrictions applicable to the Commission's assistance of the
proposed use, and similar factors. The Commission agrees not to unreasonably withhold its approval
of any such requested change of permitted use, taking into consideration the foregoing factors. In the
event that the Commission disapproves the proposed use, the Participant may elect to terminate this
Agreement by giving written notice thereof to the Commission, and repaying to the Commission the
full outstanding amount of the Commission Rehabilitation Loan. Such termination shall be effective
upon the repayment in full of the Commission Rehabilitation Loan.
403. Maintenance Covenants. The Participant shall maintain the Signage in compliance
with the terms of the Redevelopment Plan and with all applicable provisions of the City Municipal
Code, and in accordance with the standard of maintenance of similar first class signage in the City.
The Participant shall execute the Maintenance Agreement prior to the disbursement of the
Commission Rehabilitation Loan.
404. Nondiscrimination Covenants. The Participant covenants by and for itself and any
successors in interest that there shall be no discrimination against or segregation of, any person or
group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the
Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and
paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in
the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the Signage, nor shall the
Participant or any person claiming under or through him or her, establish or permit any practice or
practices of discrimination or segregation with reference to the selection, location, number, use or
occupancy of tenants, lessees, subtenants, sublessees, or vendees in the Signage. The foregoing
covenants shall run with the land.
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The Participant shall refrain from restricting the rental, sale or lease of the Signage on any of
the bases listed above. All such deeds, leases or contracts shall contain or be subject to substantially
the following nondiscrimination or nonsegregation clauses:
a. In deeds: "The grantee herein covenants by and for himself or herself, his or
her heirs, executors, administrators, and assigns, and all persons claiming under or through them, that
there shall be no discrimination against or segregation of, any person or group of persons on account
orally basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases
are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of
Section 12955, and Section 12955.2 of the Government Code, in the sale, lease, sublease, transfer,
use, occupancy, tenure, or enjoyment of the premises herein conveyed, nor shall the grantee or any
person claiming under or through him or her, establish or permit any practice or practices of
discrimination or segregation with reference to the selection, location, number, use or occupancy of
tenants, lessees, subtenants, sublessees, or vendees in the premises herein conveyed. The foregoing
covenants shall run with the land."
b. In leases: "The lessee herein covenants by and for himself or herself, his or
her heirs, executors, administrators, and assigns. and all persons claiming under or through him or
her, and this lease is made and accepted upon and subject to the following conditions:
"That there shall be no discrimination against or segregation of any person or
group of persons, on account of any basis listed in subdivision (a) or (d) of Section 12955 of the
Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and
paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in
the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the premises herein
leased nor shall the lessee himself or herself, or any person claiming under or through him or her,
establish or permit any such practice or practices of discrimination or segregation with reference to
the selection, location, number, use, or occupancy, of tenants, lessees, sublessees, subtenants, or
vendees in the premises herein leased."
c. In contracts: "There shall be no discrimination against or segregation of,
any person or group of persons on account of any basis listed in subdivision (a) or (d) of
Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1,
subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the
Government Code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the
premises which arc the subject of this Agreement, nor shall the grantee or any person claiming under
or through him or her, establish or permit any practice or practices of discrimination or segregation
with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants,
sublessees, or vendees in the premises herein conveyed. The foregoing covenants shall run with the
land."
405. Effect of Violation of the Terms and Provisions of this Agreement After
Completion of Rehabilitation. Commission is deemed the beneficiary of the terms and provisions
of this Agreement and of the covenants running with the land, for and in its own right and for the
purposes of protecting the interests of the community and other parties, public or private, in whose
favor and for whose benefit this Agreement and the covenants running with the land have been
provided, without regard to whether Commission has been, remains or is an owner of any land or
interest therein in the Signage or in the Redevelopment Project Area. Commission shall have the
right, if the Agreement or any covenants in any agreement pursuant to this Agreement are breached,
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to exercise all rights and remedies, and to maintain any actions or suits at law or in equity or other
proper proceedings to enforce the curing of such breaches to which it or any other beneficiaries of
this Agreement and such covenants may be entitled.
500. DEFAULTS AND REMEDIES
501. Default Remedies. Subject to the extensions of time set forth in Section 602 of this
Agreement, failure by either party to perform any action or covenant required by this Agreement
within the time periods provided herein following notice and failure to cure as described hereafter,
constitutes a "Default" under this Agreement. A party claiming a Default shall give written notice of
Default to the other party specifying the Default complained of. Except as otherwise expressly
provided in this Agreement, the claimant shall not institute any proceeding against any other party,
and the other party shall not be in Default if such party within thirty (30) days from receipt of such
notice has cured such Default. or if such Default is not reasonably capable of being cured within
thirty (30) days, the party shall have immediately, with due diligence, commenced to cure, correct or
remedy such failure or delay and shall have completed such cure, correction or remedy with
diligence.
502. [Reserved]
503. Termination by the Commission. In the event that the Participant is in Default of
this Agreement and fails to cure such default within the time set forth in Section 501 hereof, this
Agreement and any rights of the Participant or any assignee or transferee with respect to or arising
out of the Agreement or the Signage, shall, at the option of the Commission, be terminated by the
Commission by written notice thereof to the Participant. From the date of the Notice of termination
of this Agreement by the Commission to the Participant and thereafter this Agreement shall be
deemed terminated, the Commission shall have no obligations to provide any portion of the
Commission Rehabilitation Loan (if any portion remains undisbursed to Participant at that time)
pursuant to this Agreement or the Promissory Note, and there shall be no further rights or obligations
between the parties, except that such termination shall accelerate the Participant's obligation to repay
any outstanding amount upon the Promissory Note in accordance with the terms thereof.
504. Acceptance of Service of Process. In the event that any legal action is commenced
by the Participant against the Commission, service of process on the Commission shall be made by
personal service upon the Executive Director of the Commission or in such other manner as may be
provided by law. In the event that any legal action is commenced by the Commission against the
Participant, service of process on the Participant shall be made by personal service upon any officer
of Participant or in such other manner as may be provided by law.
505. Rights and Remedies Are Cumulative. Except as otherwise expressly stated in this
Agreement, the rights and remedies of the parties are cumulative, and the exercise by either party of
one or more of such rights or remedies shall not preclude the exercise by it, at the same or different
times, of any other rights or remedies for the same default or any other default by the other party.
506. Inaction Not a Waiver of Default. Any failures or delays by either party in
asserting any of its rights and remedies as to any Default shall not operate as a waiver of any Default
or of any such rights or remedies, or deprive either such party of its right to institute and maintain
any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights
or remedies.
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507. Applicable Law. The laws of the State of California shall govern the interpretation
and enforcement of this Agreement.
600. GENERAL PROVISIONS
601. Notices, Demands and Communications Between the Parties. Any approval,
disapproval, demand, document or other notice ("Notice") which either party may desire to give to
the other party under this Agreement must be in writing and may be given by any commercially
acceptable means to the party to whom the Notice is directed at the address of the party as set forth
below, or at any other address as that party may later designate by Notice.
To Commission:
City of National City
Community Development Commission
1243 National City Blvd
National City, California 91950
Attention: Executive Director
Copy to: City Attorney / Commission Counsel
To Participant:
Mile of Cars Association
P.O. Box 1357
National City, California 91950
Attention: Weldon Donaldson
Any written notice, demand or communication shall be deemed received immediately
if delivered by hand and shall be deemed received on the third day from the date it is postmarked if
delivered by registered or certified mail.
602. Enforced Delay; Extension of Times of Performance. In addition to specific
provisions of this Agreement, performance by either party hereunder shall not be deemed to be in
Default, and all performance and other dates specified in this Agreement shall be extended, where
delays or Defaults are due to causes beyond the control or without the fault of the party claiming an
extension of time to perform, which may include without limitation the following: war; insurrection;
strikes; lockouts; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy;
epidemics; quarantine restrictions; freight embargoes; lack of transportation; governmental
restrictions or priority; litigation; unusually severe weather; inability to secure necessary labor,
materials or tools; delays of any contractor, subcontractor or supplier; acts or omissions of the other
party; acts or failures to act of the City or any other public or governmental agency or entity (other
than the acts or failures to act of the Commission which shall not excuse performance by the
Commission); or any other causes beyond the control or without the fault of the party claiming an
extension of time to perform. Notwithstanding anything to the contrary in this Agreement, an
extension of time for any such cause shall be for the period of the enforced delay and shall
commence to run from the time of the commencement of the cause, if notice by the party claiming
such extension is sent to the other party within thirty (30) days of the commencement of the cause.
Times of performance under this Agreement may also be extended in writing by the mutual
agreement of Commission and Participant. Notwithstanding any provision of this Agreement to the
contrary, the lack of funding to complete the Rehabilitation of the Signage shall not constitute
grounds of enforced delay pursuant to this Section 602.
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DOCSOC/ 1414542v4/200191-0002
603. Transfers of Interest in Signage or Agreement.
603.1 Prohibition. The qualifications and identity of the Participant as the operator
of a high quality commercial signage are of particular concern to the Commission. Furthermore, the
parties acknowledge that the Commission has negotiated the tenns of this Agreement in
contemplation of the enhancement to local business and tax revenue resulting form the Rehabilitation
of the Signage. Accordingly, for the period commencing upon the date of this Agreement and until
the expiration of the use and operations covenants which are set forth in Sections 401 and 402 hereof,
no voluntary or involuntary successor in interest of the Participant shall acquire any rights or powers
under this Agreement, nor shall the Participant make any total or partial sale, transfer, conveyance,
assignment, subdivision, refinancing or lease of the whole or any part of the Signage, nor shall any
other business be operated thereon, either in addition to or in replacement of the Signage (except as
otherwise approved by the Commission pursuant to Section 402 hereof), (collectively referred to
herein as a "Transfer"), without the prior written approval of the Commission, except as expressly set
forth herein. Any total or partial sale, transfer, conveyance, assignment, subdivision, refinancing or
lease of the whole or any part of the Signage will entitle the Commission to its right of termination of
this Agreement and the acceleration of the repayment of the Promissory Note.
603.2 Assignment by Commission. The Commission may assign or transfer any
of its rights or obligations under this Agreement with the approval of the Participant, which approval
shall not be unreasonably withheld; provided, however, that the Commission may assign or transfer
any of its interests hereunder to the City or any public or private entity controlled by the City or
Commission at any time without the consent of the Participant.
604. Relationship Between Commission and Participant. It is hereby acknowledged
that the relationship between the Commission and the Participant is not that of a partnership or joint
venture and that the Commission and the Participant shall not be deemed or construed for any
purpose to be the agent of the other. Accordingly, except as expressly provided herein or in the
Attachments hereto, the Commission shall have no rights, powers, duties or obligations with respect
to the development, operation, maintenance or management of the Signage.
605. Commission Approvals and Actions. Where an approval or submission is required
under this Agreement, such approval or submission shall be valid for purposes of this Agreement
only if made in writing. Where this Agreement requires an approval or consent of the Commission,
such approval may be given on behalf of the Commission by the Commission Executive Director or
his or her designee. The Commission Director or his or her designee is hereby authorized to take
such actions as may be necessary or appropriate to implement this Agreement, including without
limitation the execution of such documents or agreements as may be contemplated by this
Agreement. The Commission Executive Director is authorized to execute amendments of this
Agreement so long as such amendments do not materially increase the costs to be incurred by the
Commission hereunder or materially decrease the revenues to be received by the Commission
hereunder.
606. Counterparts. This Agreement may be signed in multiple counterparts which, when
signed by all parties, shall constitute a binding agreement. This Agreement is executed in three (3)
originals, each of which is deemed to be an original.
607. Integration. This Agreement contains the entire understanding between the parties
relating to the transaction contemplated by this Agreement. All prior or contemporaneous
14
DOCSOC/1414542v4/200191-0002
agreements, understandings, representations and statements, oral or written, are merged in this
Agreement and shall be of no further force or effect. Each party is entering this Agreement based
solely upon the representations set forth herein and upon each party's own independent investigation
of any and all facts such party deems material.
608. Real Estate Brokerage Commission. The Commission and the Participant each
represent and warrant to the other that no broker or finder is entitled to any commission or finder's
fee in connection with this transaction, and each agrees to defend and hold harmless the other from
any claim to any such commission or fee resulting from any action on its part.
609. Attorneys' Fees. In any action between the parties to interpret, enforce, reform,
modify, rescind, or otherwise in connection with any of the terms or provisions of this Agreement,
the prevailing party in the action shall be entitled, in addition to damages, injunctive relief, or any
other relief to which it might be entitled, reasonable costs and expenses including, without limitation,
litigation costs and reasonable attorneys' fees.
610. Titles and Captions. Titles and captions are for convenience of reference only and
do not define, describe or limit the scope or the intent of this Agreement or of any of its terms.
Reference to section numbers are to sections in this Agreement, unless expressly stated otherwise.
611. Interpretation. As used in this Agreement, masculine, feminine or neuter gender
and the singular or plural number shall each be deemed to include the others where and when the
context so dictates. The word "including" shall be construed as if followed by the words "without
limitation." This Agreement shall be interpreted as though prepared jointly by both parties.
612. No Waiver. A waiver by either party of a breach of any of the covenants, conditions
or agreements under this Agreement to be performed by the other party shall not be construed as a
waiver of any succeeding breach of the same or other covenants, agreements, restrictions or
conditions of this Agreement.
613. Modifications. Any alteration, change or modification of or to this Agreement, in
order to become effective, shall be made in writing and in each instance signed on behalf of each
party.
614. Severability. If any term, provision, condition or covenant of this Agreement or its
application to any party or circumstances shall be held, to any extent, invalid or unenforceable, the
remainder of this Agreement, or the application of the term, provision, condition or covenant to
persons or circumstances other than those as to whom or which it is held invalid or unenforceable,
shall not be affected, and shall be valid and enforceable to the fullest extent permitted by law.
615. Computation of Time. The time in which any act is to be done under this
Agreement is computed by excluding the first day, and including the last day, unless the last day is a
holiday or Saturday or Sunday, and then that day is also excluded. The term "holiday" shall mean all
holidays as specified in Section 6700 and 6701 of the California Government Code. If any act is to
be done by a particular time during a day, that time shall be Pacific Time Zone time.
616. Legal Advice. Each party represents and warrants to the other the following: they
have carefully read this Agreement, and in signing this Agreement, they do so with full knowledge of
any right which they may have; they have received independent legal advice from their respective
15
DOCSOC/ 1414542v4/200191-0002
legal counsel as to the matters set forth in this Agreement, or have knowingly chosen not to consult
legal counsel as to the matters set forth in this Agreement; and, they have freely signed this
Agreement without any reliance upon any agreement, promise, statement or representation by or on
behalf of the other party, or their respective agents, employees, or attorneys, except as specifically set
forth in this Agreement. and without duress or coercion, whether economic or otherwise.
617. Time of Essence. Time is expressly made of the essence with respect to the
performance by the Commission and the Participant of each and every obligation and condition of
this Agreement.
618. Cooperation. Each party agrees to cooperate with the other in this transaction and,
in that regard, to sign any and all documents which may be reasonably necessary, helpful, or
appropriate to carry out the purposes and intent of this Agreement including, but not limited to,
releases or additional agreements.
619. Conflicts of Interest. No member, official or employee of the Commission shall
have any personal interest, direct or indirect, in this Agreement, nor shall any such member, official
or employee participate in any decision relating to the Agreement which affects his personal interests
or the interests of any corporation, partnership or association in which he is directly or indirectly
interested.
620. Time for Acceptance of Agreement by Commission. This Agreement, when
executed by the Participant and delivered to the Commission, must be authorized, executed and
delivered by the Commission on or before thirty (30) days after signing and delivery of this
Agreement by the Participant or this Agreement shall be void, except to the extent that the Participant
shall consent in writing to a further extension of time for the authorization, execution and delivery of
this Agreement
621. Non -Liability of Officials and Employees of the Commission to the Participant.
No member, official or employee of the Commission or the City shall be personally liable to the
Participant, or any successor in interest, in the event of any Default or breach by the Commission (or
the City) or for any amount which may become due to the Participant or its successors, or on any
obligations under the terms of this Agreement. Participant hereby waives and releases any claim it
may have against the members, officials or employees of the Commission and the City with respect
to any Default or breach by the Commission (or the City) or for any amount which may become due
to the Participant or its successors, or on any obligations under the terms of this Agreement. The
Participant makes such release with full knowledge of Civil Code Section 1542 and hereby waives
any and all rights thereunder to the extent of this release, if such Section 1542 is applicable.
Section 1542 of the Civil Code provides as follows:
"A general release does not extend to claims which the creditor does
not know or suspect to exist in his favor at the time of executing the
release, which if known by him must have materially affected his
settlement with the debtor."
622. Non -Liability of Members, Officials, and Employees of the Participant to the
Commission. No member, official or employee of the Participant shall be personally liable to the
Commission or the City, or any successor in interest, in the event of any Default or breach by the
Participant or for any amount which may become due to the Commission or the City or any
16
DOCSOC/ 1414542v4/200191-0002
io
successors, or on any obligations under the teens of this Agreement. Commission hereby waives and
releases any claim it may have against the members, officials or employees of the Participant with
respect to any Default or breach by the Participant or for any amount which may become due to the
Commission or the City or any successors, or on any obligations under the terms of this Agreement.
The Commission makes such release with full knowledge of Civil Code Section 1542 and hereby
waives any and all rights thereunder to the extent of this release, if such Section 1542 is applicable.
Section 1542 of the Civil Code provides as follows:
"A general release does not extend to claims which the creditor does
not know or suspect to exist in his favor at the time of executing the
release, which if known by him must have materially affected his
settlement with the debtor."
[Signature blocks begin on next page.]
17
UOCSOC/1414542v4/200191-0002
IN WITNESS WHEREOF, the Commission and the Participant have executed this
Agreement as of the date set forth above.
COMMISSION:
CITY OF NATIONAL CITY COMMUNITY
DEVELOPMENT COMMISSION, a public body,
corporate and politic
By:
Ron Morrison, Chairman
ATTEST:
Commission Secretary
APPROVED A 'Q FORM:
Stradling Yocc� Carlson & Rauth,
Commission S eclat Counsel
PARTICIPANT:
MILE OF CARS ASSOCIATION, a California
nonprofit, mutual benefit corporation
By:
Tim Howell, President
AND
By:
Bill Cumming, Vice President
18
DOCSOC/ 1414 542v4/200191-0002
ATTACHMENT NO. 1
SCOPE OF WORK
Work to be performed by Stanford Sign & Awning:
Manufacture and Install:
• Remove existing Cabinets and Electronic Message Centers, scrap.
• Prep existing poles and footings for new Cabinets, EMC's and pole covers.
• Set up high speed modems for conversion of downloading of data.
• Install new cabinets. pole covers, neon to Stanford Design Spec #9443
For 1-5 Sign (40' double face pylon):
For I-805 Sign (60' double face pylon):
For Hwy 54 Sign (65' single face pylon):
TOTAL:
$237,500.00
$249,800.00
$172,600.00
$659,900.00 (plus tax if applicable)
DOCSOC/ 1414542v4/200191-0002
ATTACHMENT NO. 1-1
ATTACHMENT NO. 2
PROMISSORY NOTE
$675,000 July 8, 2010
National City, California
FOR VALUE RECEIVED, MILE OF CARS ASSOCIATION, a California nonprofit,
mutual benefit corporation ("Participant"), promise to pay to the CITY OF NATIONAL CITY
COMMUNITY DEVELOPMENT COMMISSION, a public body, corporate and politic
("Commission"), or order, at the Commission's office at 1243 National City Blvd, National City,
California 91950, or such other place as the Commission may designate in writing, the principal sum
of $675,000.00 ("Note Amount"), together with interest on the unpaid principal balance from time to
time outstanding, in accordance with the following terms and conditions.
1. Agreement. This Promissory Note ("Note") is made in accordance with that certain
Freeway Sign Rehabilitation Loan Agreement executed by the Commission and Participant, dated as
of July 8, 2010 ("Agreement"). The rights and obligations of Participant and the Commission under
this Note shall be governed by the Agreement and by the additional terms set forth in this Note.
2. Disbursement of Note Amount. The Note Amount shall be disbursed in such
amounts and at such times as set forth in Section 202 of the Agreement. The actual date of the
disbursement shall be referred to hereinafter as the "Disbursement Date."
3. Interest. Interest of two percent (2%) per annum shall accrue upon the Note
Amount, commencing upon the Disbursement Date.
4. Repayment of Note Amount. The Note Amount shall be paid in full on or before
the twentieth (20th) anniversary of the Disbursement Date (the "Maturity Date"). Eighty (80)
installments of principal and interest in the amount of Ten Thousand Thirty and 4/100s Dollars
($10,030.04) each, shall be payable commencing on the date three months after the Disbursement
Date, and continuing on that day in each third month until the twentieth anniversary of the
Disbursement Date (e.g. if the Disbursement Date falls on October 2, 2010, then the first installment
will be due on January 2, 2011, the second installment will be due on April 2, 2011, etc.). Upon the
Maturity Date all then accrued and unpaid principal and interest hereon shall be due and payable.
Notwithstanding the foregoing, the total amount owed under this Note shall become immediately due
and payable upon the earlier to occur of the following:
a. the permanent closure of the Signage (as that term is defined in the
Agreement); or
b. a default by Participant under the Agreement, the Maintenance Agreement, or
this Note, which has not been cured within the period of time set forth in
those documents.
c. an assignment of the Agreement or this Note, or the transfer of the ownership
of the Signage, which has not been approved by the Commission or otherwise
permitted pursuant to Section 603 of the Agreement.
ATTACHMENT NO. 2-1
DOCSOC/1414542v4/200191-0002
la
Failure to declare such amounts due shall not constitute a waiver on the part of the
Commission to declare them due subsequently.
5. Security. This Note is secured by a Security Agreement dated the same date as this
Note.
6. Waivers
a. Participant expressly agrees that this Note or any payment hereunder may be
extended from time to time at the Commission's sole discretion and that the Commission may accept
security in consideration for any such extension or release any security for this Note at its sole
discretion, all without in any way affecting the liability of Participant.
b. No extension of time for payment of this Note made by agreement by the
Commission with any person now or hereafter liable for the payment of this Note shall operate to
release, discharge, modify, change or affect the original liability of Participant under this Note, either
in whole or in part.
c. The obligations of Participant under this Note shall be absolute and
Participant waives any and all rights to offset, deduct or withhold any payments or charges due under
this Note for any reasons whatsoever.
d. Participant waives presentment, demand, notice of protest and nonpayment,
notice of default or delinquency, notice of acceleration, notice of costs, expenses or leases or interest
thereon, notice of dishonor. diligence in collection or in proceeding against any of the rights of
interests in or to properties securing of this Note, and the benefit of any exemption under any
homestead exemption laws, if applicable.
e. No previous waiver and no failure or delay by Commission in acting with
respect to the terms of this Note shall constitute a waiver of any breach, default, or failure or
condition under this Note or the obligations secured thereby. A waiver of any term of this Note or of
any of the obligations secured thereby must be made in writing and shall be limited to the express
written terms of such waiver.
7. Attorneys' Fees and Costs. Participant agrees that if any amounts due under this
Note are not paid when due, to pay in addition, all costs and expenses of collection and reasonable
attorneys' fees paid or incurred in connection with the collection or enforcement of this Note,
whether or not suit is filed.
8. Joint and Several Obligation. This Note is the joint and several obligation of all
makers, sureties, guarantors and endorsers, and shall be binding upon them and their heirs,
successors and assigns.
9. Amendments and Modifications. This Note may not be changed orally, but only by
an amendment in writing signed by Participant and by the Commission_
10. Commission Assignment. Commission may, at its option, assign its right to receive
payment under this Note without necessity of obtaining the consent of the Participant.
ATTACHMENT NO. 2-2
DOC SOC/ 1414542v4/200191-0002
11. Participant Assignment. In no event shall Participant assign or transfer any portion
of this Note without the prior express written consent of the Commission, which consent shall not
unreasonably be withheld.
12. Terms. Any terms not separately defined herein shall have the same meanings as set
forth in the Agreement.
13. Acceleration and Other Remedies. Upon the occurrence of the events set forth in
Section 4 hereof, Commission may, at Commission's option, declare the outstanding principal
amount of this Note, together with the then accrued and unpaid interest thereon and other charges
hereunder, to be due and payable immediately, and upon such declaration, such principal and interest
and other sums shall immediately become and be due and payable without demand or notice. All
costs of collection, including, but not limited to, reasonable attorneys' fees and all expenses incurred
in connection with protection of, or realization on, the security for this Note, may be added to the
principal hereunder, and shall accrue interest as provided herein. Commission shall at all times have
the right to proceed against any portion of the security for this Note in such order and in such manner
as such Commission may consider appropriate, without waiving any rights with respect to any of the
security. Any delay or omission on the part of the Commission in exercising any right hereunder or
under the Agreement shall not operate as a waiver of such right, or of any other right. No single or
partial exercise of any right or remedy hereunder or under the Agreement or any other document or
agreement shall preclude other or further exercises thereof, or the exercise of any other right or
remedy. The acceptance of payment of any sum payable hereunder, or part thereof, after the due date
of such payment shall not be a waiver of Commission's right to either require prompt payment when
due of all other sums payable hereunder or to declare an Event of Default for failure to make prompt
or complete payment.
14. Consents. Participant hereby consents to the release or surrender or exchange or
substitution of all or any part of the security, whether real or personal, or direct or indirect, for the
payment hereof. Any such release, surrender, exchange or substitution of the security may be made
without notice to Participant or to any endorser, guarantor or surety hereof, and without affecting the
liability of said parties hereunder.
15. Successors and Assigns. Whenever "Commission" is referred to in this Note, such
reference shall be deemed to include the City of National City Community Development
Commission and its successors and assigns, including, without limitation, any subsequent assignee or
holder of this Note. All covenants, provisions and agreements by or on behalf of Participant, and on
behalf of any makers, endorsers, guarantors and sureties hereof which are contained herein shall
inure to the benefit of the Commission and Commission's successors and assigns.
16. Miscellaneous. Time is of the essence hereof. This Note shall be governed by and
construed under the laws of the State of California except to the extent Federal laws preempt the laws
of the State of California. Participant irrevocably and unconditionally submits to the jurisdiction of
the Superior Court of the State of California for the County of San Diego or the United States District
Court of the Southern District of California, as Commission hereof may deem appropriate, or, if
required, the Municipal Court of the State of California for the County of San Diego, in connection
with any legal action or proceeding arising out of or relating to this Note. Participant also waives any
objection regarding personal or in rem jurisdiction or venue.
[Signature block begins on next page.]
ATTACHMENT NO. 2-3
�3
DOCSOCl1414542v41200191-0002
PARTICIPANT:
MILE OF CARS ASSOCIATION, a California
nonprofit, mutual benefit corporation
By:
Tim Howell, President
AND
By:
Bill Cumming, Vice President
ATTACHMENT NO. 2-4
DO CS OC/ 1414542v4/200191-0002
ATTACHMENT NO. 3
SECURITY AGREEMENT
This SECURITY AGREEMENT. dated as of July 8, 2010 ("Agreement"), is entered into
by and between MILE OF CARS ASSOCIATION, a California nonprofit, mutual benefit
corporation ("Borrower"), and the CITY OF NATIONAL CITY COMMUNITY
DEVELOPMENT COMMISSION, a public body, corporate and politic ("Secured Party").
A. Pursuant to the Freeway Sign Rehabilitation Loan Agreement executed by the
Secured Party and Borrower on July 8, 2010 ("Loan Agreement"), the Secured Party has agreed to
provide the Borrower with a Commission Rehabilitation Loan (as that term is defined in the Loan
Agreement) in exchange for certain promises and one Promissory Note from Borrower to the
Secured Party in the aggregate principal amount of $675,000, dated as of July 8, 2010 ("Note").
B. Pursuant to Section 201 of the Loan Agreement and Section 5 of the Note, Borrower
has agreed to grant a Lien (as defined below) on the Collateral (as defined below) to secure the
Obligations (as defined below) of Borrower to the Secured Party.
1. Certain Definitions.
a. "Collateral" shall consist of all of the personal and intangible property of
Borrower, now owned or hereafter acquired and wherever located, including:
(i) Revenues, membership fees, and dues;
(ii) The Signage (as that term is defined in the Loan Agreement);
(iii) Accounts;
(iv) Chattel paper;
(v) Inventory;
(vi) Equipment;
(vii) Instruments, including promissory notes;
(viii) Investment property;
(ix) Documents;
(x) Deposit accounts;
(xi) Letter -of -credit rights;
(xii) General intangibles, including without limitation, all of Borrower's
now owned and hereafter arising or acquired licenses, franchises, permits, patents, patent rights,
copyrights. works which are the subject matter of copyrights, trademarks, service marks, trade
ATTACIIMENT NO. 3-1
DOCSOC/ 1414542v4/200191-0002
IMF
names, trade styles, patent, trademark and service mark applications, and all licenses and rights
related to any of the foregoing, and all other rights under any of the foregoing, all extensions,
renewals, reissues, divisions, continuations, and continuations -in -part of any of the foregoing, and all
rights to sue for past, present and future infringement of any of the foregoing (collectively,
"Proprietary Rights");
(xiii) Supporting obligations;
(xiv) all books, records and other property related to or referring to any of
the foregoing, including books, records, account ledgers, data processing records, computer software
and other property and general intangibles at any time evidencing or relating to any of the foregoing,
and
(xv) To the extent not listed above as original collateral, any proceeds and
products of the foregoing.
b. "Lien" means any lien (statutory or other), mortgage, pledge, hypothecation,
assignment, deposit arrangement, security interest, charge, claim or other encumbrance of any kind
(including any conditional sale or other title retention agreement, any lease in the nature thereof. and
any agreement to give any security interest).
which include:
Note;
c. "Obligations" means those obligations that are secured by this Agreement,
(i) Borrower's obligations to the Secured Party, including under the
(ii) the repayment of (a) any reasonable amounts that the Secured Party
may advance or spend for the maintenance or preservation of the Collateral, and (b) any other
reasonable expenditures that the Secured Party may make under the provisions of this Agreement or
for the benefit of Borrower;
(iii) all amounts owed under any modifications, renewals or extensions of
any of the foregoing obligations; and
(iv) any of the foregoing that arises after the filing of a petition by or
against Bon-ower under the U.S. Bankruptcy Code, or any foreign equivalents thereof, even if the
obligations do not accrue because of the automatic stay under Bankruptcy Code § 362 or otherwise.
d. "Permitted Liens" means: (i) Liens imposed by law, such as carriers',
warehousemen's, materialman's and mechanics' liens, or Liens arising out of judgments or awards
against the Borrower with respect to which the Borrower at the timc shall currently be prosecuting an
appeal or proceedings for review; (ii) Liens for taxes not yet subject to penalties for nonpayment and
Liens for taxes the payment of which is being contested in good faith and by appropriate proceedings
and for which. to the extent required by generally accepted accounting principles then in effect,
proper and adequate book reserves relating thereto are established by the Borrower; (iii) Liens
(A) upon or in any equipment acquired. leased or held by the Borrower to secure the purchase price
of such equipment or indebtedness incurred solely for the purpose of financing the acquisition of
such equipment, or (B) existing on such equipment at the time of its acquisition. provided that the
ATTACHMENT NO. 3-2
I )0CSOC/ 1414542v4/20019I -0002
Lien is confined solely to the property so acquired and improvements thereon, and the proceeds of
such equipment and other equipment financed by the holder of such Lien; (iv) Liens consisting of
leases or subleases and licenses and sublicenses granted to others in the ordinary course of the
Borrower's business not interfering in any material respect with the business of the Borrower and any
interest or title of a lessor or licensor under any lease or license, as applicable; (v) Liens incurred or
deposits made in the ordinary course of Borrower's business in connection with worker's
compensation, unemployment insurance, social security and other like laws or in connection with
performance bonds posted by the Borrower in the ordinary course of business; (vi) Liens to which
the Secured Party has expressly consented in writing; (vii) Liens incurred in connection with the
extension, renewal or refinancing of the indebtedness secured by the Liens described in clauses (i)
through (iii) hereof provided that any extension, renewal or replacement lien shall be limited to the
property encumbered by the existing Lien and the principal amount of the indebtedness being
extended, renewed or replaced does not increase; and (viii) Liens in favor of the Secured Party.
2. Security Agreement.
a. Grant. The Borrower, for valuable consideration, the receipt and sufficiency
of which is acknowledged, hereby grants to the Secured Party a first priority security interest in and
Lien on all of the Collateral now owned or at any time hereafter acquired by the Borrower or in
which the Borrower now has or at any time in the future may acquire any right, title or interest.
b. Borrower Remains Liable. Anything herein to the contrary
notwithstanding, (i) the Borrower shall remain liable under any contracts, agreements and other
documents included in the Collateral, to the extent set forth therein, to perform all of its duties and
obligations thereunder to the same extent as if this Agreement had not been executed. (ii) the exercise
by the Secured Party of any of the rights hereunder shall not release the Borrower from any of its
duties or obligations under such contracts, agreements and other documents included in the
Collateral, and (iii) no Secured Party shall have any obligation or liability under any contracts,
agreements and othcr documents included in the Collateral by reason of this Agreement, nor shall
any Secured Party be obligated to perform any of the obligations or duties of the Borrower
thereunder or to take any action to collect or enforce any such contract, agreement or other document
included in the Collateral hereunder.
c. Continuing Security Interest. The Borrower agrees that this Agreement
shall create a continuing security interest in the Collateral which shall remain in effect until payment
of the Obligation (as defined below).
3. Obligation Secured. The security interest granted hereby secures payment of all
amounts owed and those amounts that will become due and payable to the Secured Party pursuant to
the Obligations, including the Note issued to the Secured Party in connection herewith.
4. Borrower's Representations, Warranties and Covenants. The Borrower hereby
represents, warrants and covenants to the Secured Party that:
a. Location. The Borrower's principal place of business is the address set forth
below at Section 10, and the Borrower keeps its records concerning accounts, contract rights and
other property at that location. The Borrower will promptly notify the Secured Party in writing of the
establishment of any new place of business where any of the Collateral is kept. The Borrower is a
ATTACHMENT NO. 3-3
DOCSOC/ I414542v4/200191-0002
corporation in good standing organized under the laws of the State of California. The Borrower will
notify the Secured Party prior to changing either its form or jurisdiction of organization.
b. Books and Records. The Borrower will at all times keep in a manner
reasonably satisfactory to the Secured Party accurate and complete records of the Collateral and will
keep such Collateral insured to the extent similarly situated companies insure their assets. The
Secured Party shall be entitled, at reasonable times and intervals after reasonable notice to the
Borrower, to enter Borrower's premises for purposes of inspecting the Collateral and the Borrower's
books and records relating thereto.
c. No Other Liens. The Borrower will not create or permit to be created or
suffer to exist any Lien, except Permitted Liens, of any kind on any of the Collateral, without the
written approval of the Secured Party.
d. Compliance. The Borrower shall not use the Collateral in violation of any
applicable statute, ordinance, law or regulation or in violation of any insurance policy maintained by
the Borrower with respect to the Collateral.
e. Other Financing Statements. Other than financing statements, security
agreements, chattel mortgages, assignments, copyright security agreements or collateral assignments,
patent or trademark security agreements or collateral assignments, fixture filings and other
agreements or instruments executed, delivered, filed or recorded for the purpose of granting or
perfecting any Lien (collectively, "Financing Statements") existing as of the date hereof or arising
after the date hereof in connection with any Permitted Lien and Financing Statements in favor of the
Secured Party, no effective Financing Statement naming the Borrower as debtor, assignor, grantor,
mortgagor, pledgor, or the like and covering all or any part of the Collateral is on file in any filing or
recording office in any jurisdiction.
f. Notices, Reports and Information. The Borrower will (i) notify the Secured
Party of any material claim made or asserted against the Collateral by any person or entity and of any
change in the composition of the Collateral or other event which could materially adversely affect the
value of the Collateral or the Secured Party's Lien thereon; (ii) furnish to the Secured Party such
statements and schedules further identifying and describing the Collateral and such other reports and
other information in connection with the Collateral as the Secured Party may reasonably request, all
in reasonable detail; and (iii) upon request of any Secured Party make such demands and requests for
information and reports as the Borrower is entitled to make in respect of the Collateral.
g. Disposition of Collateral. The Borrower will not, except in the ordinary
course of business, (i) surrender or lose possession of (other than to the Secured Party), sell. lease,
rent, or otherwise dispose of or transfer any of the Collateral or any right or interest therein, except to
the extent permitted by this Agreement, or (ii) remove any of the Collateral from its present location
within the State of California (other than disposals of Collateral permitted by subsection (i)) without
at least 30 days' prior written notice to the Secured Party.
h. Powers. The Borrower has the unqualified right and full power and authority
to pledge, grant and assign to the Secured Party a security interest in and lien on all of the Collateral
pursuant to this Agreement, and to execute, deliver and perform its obligations in accordance with
the terms of this Agreement, without the consent or approval of any other Person except as already
obtained.
ATTACHMENT NO. 3-4
DOC SOC/ 1414542v4/200191-0002
i. No Violation. Neither the execution, delivery nor performance by the
Borrower of this Agreement violates any provision of law or the Borrower's Articles of
Incorporation or Bylaws, each as amended to date, or results in a breach of or constitutes a default
under any contract, obligation, indenture or other instrument to which the Borrower is a party or by
which the Borrower may be bound.
j. Trade Secrets. The Borrower has taken and will continue to take all
reasonable steps to protect the secrecy of and preserve its rights and interests in and to all of its trade
secrets and other proprietary rights and interests.
k. No Infringement. No material infringement or unauthorized use presently is
being made of any of the Collateral by any Person and the Borrower's use of the Collateral does not
infringe upon the rights or interests of any other Person.
5. Financing Statements. The Borrower shall at its cost execute any Financing
Statement, in respect of any security interest created pursuant to this Agreement which may at any
time be required or which, in the reasonable opinion of.the Secured Party, may at any time be
desirable. If any recording or filing thereof (or the filing of any statements of continuation or
assignment of any financing statement) is required to protect and preserve such lien or security
interest, the Borrower shall at its cost execute the same at the time and in the manner reasonably
requested by the Secured Party. In particular the Borrower and Secured Party agree to file the UCC-1
Financing Statement which is attached to this Agreement as Exhibit A. The Borrower authorizes the
Secured Party, and any agent acting on behalf of the Secured Party, to file any such Financing
Statements without the signature of the Borrower.
6. Borrower's Rights Until Default. So long as an Event of Default does not exist, the
Borrower shall have the right to possess the Collateral, manage its property, sell and lease its
inventory in the ordinary course of business.
7. Event of Default. An "Event of Default" shall exist under this Agreement if any
representation or warranty made in this Agreement shall prove to be false or materially misleading as
of the date hereof, or upon the failure to pay any and all amounts due and payable and required to be
paid by the Borrower to the Secured Party pursuant to the Obligations.
8. Rights and Remedies on Event of Default.
a. After any Event of Default shall have occurred and while such Event of
Default is continuing, the Secured Party shall have the right, through any of its agents as to any or all
of the Collateral, by any available judicial procedure, or without judicial process (provided, however,
that it is in compliance with the Uniform Commercial Code (the "UCC")), to exercise any and all
rights afforded to a Secured Party under the UCC or other applicable law. Without limiting the
generality of the foregoing, the Secured Party shall have the right to sell or otherwise dispose of all or
any part of the Collateral, either at public or private sale, in lots or in bulk, for cash or for credit, with
or without warranties or representations, and upon such terms and conditions, all as the Secured
Party, in its sole discretion, may deem advisable, and the Secured Party shall have the right to
purchase at any such sale. The Borrower agrees that a notice sent at least fifteen (15) calendar days
before the time of any intended public sale or of the time after which any private sale or other
disposition of the Collateral is to be made shall be reasonable notice of such sale or other disposition.
The proceeds of any such sale, or other Collateral disposition shall be applied, first to the expenses of
ATTACHMENT NO. 3-5
DOCSOC/ 1414542 v4/200191-0002
Ib
retaking, holding, storing, processing and preparing for sale. selling, and the like, and to the Secured
Party's reasonable attorneys' fees and legal expenses, and then to the Obligations and to the payment
of any other amounts requiredby applicable law, after which the Secured Party shall account to the
Borrower for any surplus proceeds. If, upon the sale or other disposition of the Collateral, the
proceeds thereof are insufficient to pay all amounts to which the Secured Party is legally entitled, the
Borrower shall be liable for the deficiency, and the reasonable fees of any attorneys the Secured
Party employs to collect such deficiency; provided, however. that the foregoing shall not be deemed
to require the Secured Party to resort to or initiate proceedings against the Collateral prior to the
collection of any such deficiency from the Borrower.
b. The Borrower appoints the Secured Party, and any officer, employee or agent
of such Secured Party, with full power of substitution, as the Borrower's true and lawful attorney -in -
fact, effective as of the date hereof, with power in its own name or in the name of the Borrower,
during the continuance of an Event of Default, (i) to endorse any notes, checks, drafts, money orders,
or other instruments of payment in respect of the Collateral that may come into the Secured Party's
possession, (ii) to sign and endorse any drafts against the Borrower, assignments, verifications and
notices in connection with accounts, and other documents relating to Collateral; (iii) to pay or
discharge taxes or Liens at any time levied or placed on or threatened against the Collateral; (iv) to
demand, collect, issue receipt for, compromise, settle and sue for monies due in respect of the
Collateral; (v) to notify persons and entities obligated with respect to the Collateral to make
payments directly to the Secured Party; (vi) to execute any and all applications. documents, papers
and instruments for the Secured Party to use the Collateral, to grant or issue any exclusive or non-
exclusive license with respect to any Collateral, and to assign, convey or otherwise transfer title in or
dispose of the Collateral; and, (vii) generally, to do, at the Sccured Party's option and at the
Borrower's expense, at any time, or from time to time, all acts and things which the Secured Party
deems necessary to protect, preserve and realize upon the Collateral and the Secured Party's security
interest therein to effect the intent of this Agreement, all as fully and effectually as the Borrower
might or could do; and the Borrower hereby ratifies all that said attorney -in -fact shall lawfully do or
cause to be done by virtue hereof Without limiting the foregoing, the Borrower hereby irrevocably
constitutes and appoints the Secured Party (and any of the Secured Party's officers or employees or
agents designated by the Secured Party) as the Borrower's true and lawful attorney -in -fact with full
power and authority during the continuance of an Event of Default (i) to sign the name of the
Borrower on all or any of such documents or instruments and perform all other acts that the Secured
Party deems necessary or advisable in order to perfect or continue perfected, maintain the priority or
enforceability of or provide notice of any Secured Party's security interest in, any of the Collateral,
and (ii) to execute any and all other documents and instruments, and to perform any and all acts and
things for and on behalf of the Borrower, which the Secured Party may deem necessary or advisable
to maintain, preserve and protect the Collateral and to accomplish the purposes of this Agreement,
including (A) to assert or retain any rights under any license agreement for any of the Collateral,
including without limitation any rights of the Borrower arising under Section 365(n) of the U.S.
Bankruptcy Code (I I U.S.C. §l01 etseq.). The foregoing shall in no way limit any Secured Party's
rights and remedies upon or after the occurrence of an Event of Default. The power of attorney set
forth in this Section, being coupled with an interest, is irrevocable so long as the Obligations shall
remain outstanding or any Secured Party shall have any interest in any of the Collateral.
c. All of the Secured Party's rights and remedies with respect to the Collateral,
whether established hereby or by any other agreements, instruments or documents or by law shall be
cumulative and may be exercised singly or concurrently.
ATTACHMENT NO. 3-6
DOCSOC/ 1414542v4/200191-0002
d. For the purpose of enabling the Secured Party to exercise their respective
rights and remedies under this Section 8 or otherwise in connection with this Agreement or any of the
Collateral, the Borrower hereby grants to the Secured Party an irrevocable. non-exclusive and
assignable license (exercisable without payment or royalty or other compensation to the Borrower at
any time after the occurrence and during the continuance of any Event of Default) to use, license or
sublicense any Collateral.
9. Secured Partv's Rights; Borrower Waivers.
a. The Secured Party's acceptance of partial or delinquent payment from the
Borrower in connection with a payment of amounts due under the Obligations, or the Secured Party's
failure to exercise any right hereunder, shall not constitute a waiver of any obligation of the Borrower
hereunder, or any right of the Secured Party hereunder, and shall not affect in any way the right to
require full performance at any time thereafter.
b. The Borrower waives, to the fullest extent permitted by law, (i) any right to
require any Secured Party (A) to proceed against any person or entity, (B) to exhaust any other
collateral or security for any of the Obligations, (C) to pursue any remedy in any Secured Party's
power, or (D) to make or give any presentments, demands for performance, notices of
nonperformance, protests, notices of protests or notices of dishonor in connection with any of the
Collateral; and (ii) all claims, damages, and demands against any Secured Party arising out of the
repossession, retention, sale or application of the proceeds of any sale of the Collateral.
10. General Provisions.
a. Amendment and Waiver. Neither this Agreement nor any part hereof may
be changed, waived, or amended except by an instrument in writing signed by the Secured Party, and
by the Borrower; and waiver on one occasion shall not operate as a waiver on any other occasion.
b. Notices. Except as otherwise expressly provided in this Agreement, any
notice required or permitted under this Agreement shall be given in writing and shall be deemed to
have been adequately given and delivered when received by the party to which such notice is being
given after the same shall have been deposited in the mail, registered or certified, with airmail
postage prepaid or deposited with any telegraphic or cable agency for irnmediate transmission or sent
via telecopier and addressed:
If to Borrower, to:
If to Secured Party. to:
Mile of Cars Association, Inc.
P.O. Box 1357
National City, California 91950
Attention: Weldon Donaldson
City of National City
Community Development Commission
1243 National City Blvd.
National City, California 91950
or to such other address as the parties shall from time to time designate in writing to the other party.
ATTACI IMENT NO. 3-7
DOCSOC/1414542v41200191-0002
c. Successors and Assigns. This Agreement shall be binding upon and inure to
the benefit of, the successors and assigns of the parties hereto.
d. Governing Law. This Agreement shall be governed by and construed and
enforced in accordance with the laws of the State of California except in such matters as the laws of
the United States of America have exclusive jurisdiction.
e. Counterparts. This Agreement may be executed and delivered in two or
more counterparts and by facsimile, each of which shall be deemed an original, but all of which
together shall constitute one and the same instrument.
Titles and Subtitles. The titles and subtitles used in this Agreement are used
for convenience only and are not to be considered in construing or interpreting this Agreement.
g. Severability• If one or more provisions of this Agreement are held to be
unenforceable under applicable law, such provision shall be excluded from this Agreement and the
balance of the Agreement shall be interpreted as if such provision were so excluded and shall be
enforceable in accordance with its terms.
h. Further Acts. The Borrower shall, on a continuing basis, make, execute,
acknowledge and deliver, and file and record in the proper filing and recording places, all such
Financing Statements and take all such action as may be necessary or advisable or may be requested
by the Secured Party to carry out the intent and purposes of this Agreement.
[Signature blocks begin on next page.]
ATTACHMENT NO. 3-8
DOCSOC/1414542v4/200191-0002
IN WITNESS WHEREOF, the parties have executed this Security Agreement as of the date
first above written.
BORROWER:
MILE OF CARS ASSOCIATION, a California
nonprofit, mutual benefit corporation
By:
Tim Howell, President
AND
By:
Bill Cumming, Vice President
SECURED PARTY:
CITY OF NATIONAL CITY COMMUNITY
DEVELOPMENT COMMISSION, a public body,
corporate and politic
By:
Ron Morrison, Chairman
ATTACHMENT NO. 3-9
DOCSOC/ 1414542 v4/200191-0002
EXHIBIT A TO ATTACHMENT NO. 3
UCC FINANCING STATEMENT
FOLLOW INSTRUCTIONS (front and back) CAREFULLY
A. NAME & PHONE OF CONTACT AT FILER [optional]
B. SEND ACKNOWLEDGEMENT TO: (Name and Address)
Attn: Thomas P. Clark, Jr., Esq.
Stradling Yocca Carlson & Rauth
660 Newport Center Drive, Suite 1600
Newport Beach, CA 92660
L
TIIE ABOVE SPACE IS FOR FILING OFFICE IJSE ONLY
I _ DEBTOR'S EXACT FULL LEGAL NAME - insert only one, debtor name (la or lb) - do not abbreviate or combine names
la. ORGANIZATIONS NAME
Mile of Cars Association
OR
Ib. INDMDUAL'S LAST NAME
FIRST NAME
MIDDLE NAME
SUFFIX
lc. MAILING ADDRESS
P.O. Box 1357
CITY
National City
STATE
CA
POSTAL CODE
91950
COUNTRY
USA
ADM. INFO RE
ORGANIZA ITON
DEBTOR
Ic. TYPE OF ORGANIZATION
CA Corporation
lE JURISDICTION OF ORGANIZATION
California
Ig. ORGANIZATIONAL ID a, if any
C2287103
nNONE
2. ADDITIONAL DEBTORS EXACT FULL 1 EGAL NAME - insert only one debtor name (2a or 2b) - do not abbreviate or combine names
2n ORGANIZATION'S NAME
OR
2b. INDJ%TDUAL'S LAST NAME
FIRSTNAME
MIDDLE NAME
SUFFIX
A.. MAILING ADDRESS
CITY
STATE
POSTAL CODE
COUNTRY
AMYL INFO RE
ORGANIZATION
DEBTOR
2e TYPE OF ORGANIZATION I2E JURISDICTION OF ORGANIZATION
3. SECURED PARTY'S NAME (or NAME of TOTAL ASSIGNEE of ASSIGNOR S/P)- insert only one secured party name
2g ORGANIZATIONAL ID IT if anv
n NONE
OR
3a ORGANIZATION'S NAME
City of National City Community Development Commission
3b. INDIVIDUALS LAST NAME
FIRST NAME
MIDDI E NAME
SUFFIX
3c. MAILING ADDRESS
1243 National City Blvd
CITY
National City
STATE
CA
POSTAL CODE
91950
COUNTRY
USA
4. This FINANCING STATEMENT covers the following collateral:
[See attached Security Agreement which describes collateral]
5. ALTERNATIVE DESIGNATION [if applicable)'. n LESSEE/LESSOR n CONSIGNEE/CONSIGNOR
nNON-UCC FILING
G. n This FINANCING STATEMENT is to be filed (for record) (or recorded) in the REAL
ESTATE RECORDS Attach Addendum (if applicable}
8. OPTIONAL. FILER REFERENCE, DAT A
BAILEEB.AILOR nSELLERBUYER n AG. LIEN
7_ Check to REQUEST SEARCH REPORT(S) on Debtors)
[ADDITIONAL FEE) [optional} n All Debtors ❑ Debtor 1
Debtor 2
EXHIBIT A-1
TO ATTACHMENT NO. 3
DOCSO,CII4I4542c4i200I9I -0002
Instructions for National UCC Financing Statement (Form UCCI)
ase type or laser -print this form. Be sure it is completely legible. Read all Instructions, especially Instruction 1; correct Debtor name is crucial Follow Instructions completely.
I in form very carefully; mistakes may have important legal consequencesIf you have questions, consult your attorney. The filing office cannot give legal advice.
Do not insert anything in the open space in the upper portion of this form: it is reserved for filing office use.
When properly completed, send Filing Office Copy, with required fee, to fling office. if you want an acknowledgment, complete item B and, if filing in a filing office that returns an
acknowledgment copy furnished by filer, you may also send Acknowledgment Copy; otherwise detach. If you want to make a search request, complete item 7 (after reading
Instruction 7 below) and send Search Report Copy, otherwise detach. Always detach Debtor and Secured Party Copies_
If you need to use attachments, use 8-1/2X11 inch sheets and put al the top of each sheet the name of the first Debtor, formatted exactly as it appears in item I of this form: you are
encouraged to use Addendum (Form UCCI Ad).
A. To assist filing offices that might wish to communicate with filer, filer may provide information in item A. This item is optional
B. Complete item B if you want an acknowledgment sent to you. If tiling in a filing office that returns an acknowledgment copy furnished by filer, present simultaneously with this
form a carbon or other copy of this form for use as an acknowledgment copy.
Debtor name: Enter only one Debtor name in item I an organizations name (la)
or an individual's name (Ib). Enter Debtor's exact full fecal name. Don't
abbreviate.
la. Organization Debtor. "Organization" means an entity having a legal identity
separate from its owner. A partnership is an organization, a sole proprietorship is
not an organization, even if it does business under a trade name. If Debtor is a
partnership, enter exact full legal name of partnership; you need not enter names
of partners as additional Debtors If Debtor is a registered organization (e.g.,
corporation, limited partnership, limited liability company), it is advisable to
examine Debtor's current filed charter documents to determine Debtors correct
name, organization type, and jurisdiction of organization.
Ib. Individual Debtor. "Individual" means a natural person; this includes a sole
proprietorship, whether or not operating under a trade name. Don't use prefixes (Mr.,
Mrs., Ms.). Use suffix box only for titles of lineage (Jr., Sr., III) and not for other
suffixes or titles (e.g_,M_D_)_ Use married woman's personal name (Mary Smith,
not Mrs. John Smith). Enter individual Debtor's family name (surname) in Last
Name box, first given name in First Name box, and all additional given names in
Middle Name box.
For both organization and individual Debtors Don't use Debtor's trade name,
DBA, AKA, FICA, Division name, etc in place of or combined with Debtor's legal
name; you may add such other names as additional Debtors if you wish (but this
is neither required nor recommended)_
l c. An address is always required for the Debtor named m 1 a or lb.
Id. This field has been removed pursuant to California Uniform Commercial
Code, Section 95245.
Ie,f,g."Additional information re organization Debtor" is always required. Type of
organization and jurisdiction of organization as well as Debtor's exact legal name
can be determined from Debtors current filed charter document. Organizational ID
#, if any, is assigned by the agency where the charter document was filed; this is
different from tax ID ft; this should be entered preceded by the 2-character U.S.
Postal identification of state of organization if one of the United States (e.g.,
CA12345, for a California corporation whose organizational 113 # is 12345); if
agency does not assign organizational ID #, check box in item lg indicating
"none?
Nose: If Debtor is a trust or a trustee acting with respect to property held in trust, enter
Debtor's name in item 1 and attach Addendum (Form UCCtAd) and check appropriate
box in item 17. If Debtor is a decedent's estate, enter name of deceased individual in item
lb and attach Addendum (Font UCCIAd) and check appropriate box in item 17.1f
Debtor is a transmitting utility or this Financing Statement is filed in connection with a
Manufactured -Home Transaction or a Public -Finance Transaction as defined in
applicable Commercial Code, attach Addendum (Font UCCI Ad) and check appropriate
box in item 18.
DOCSOC/1414542v4/200191-0002
2. If an additional Debtor is included, complete item 2, determined and formatted per
Instruction I. To include further additional Debtors, or one or more additional
Secured Parties, attach either Addendum (Form UCC !Ad) or other additional
page(s), using correct name format. Follow Instruction 1 for determining and
formatting additional names.
3. Enter information for Secured Party or Total Assignee, determined and formatted
per Instruction 1. If there is more than one Secured Party, see Instruction 2. If there
has been a total assignment of the Secured Party's interest prior to filing this form,
you may either (1) enter Assignor S/P's name and address in item 3 and file an
Amendment (Form UCC3) [see iteni 5 of that form], or (2) enter Total Assignee's
name and address in item 3 and, if you wish, also attaching Addendum (Form
UCCIAd) giving Assignor S/P's name and address in item 12.
4 Ilse item 4 to indicate the collateral covered by this Financing Statement. If space
in item 4 is insufficient, put the entire collateral description or continuation of the
collateral description on either Addendum (Form UCCIAd) or other attached
additional page(s).
5. If filer desires (at tiler's option) to use titles of lessee and lessor, or consignee and
consignor, or seller and buyer (in the case of accounts or chattel paper), or bailee
and bailor instead of Debtor and Secured Party, check the appropriate box in item
5. If this is an agricultural lien (as defined in applicable Commercial Code) tiling
or is otherwise not a UCC security interest filing (e.g., a tax lien, judgment lien,
etc.), check the appropriate box in item 5, complete items 1-7 as applicable and
attach -any other items required under other law.
6. If this Financing Statement is filed as a fixture filing or if the collateral consists of
timber to be cut or as -extracted collateral, complete items 1
5, check the box in item 6, and complete the required infomnation (items 13, 14
and/or 15) on Addendum (Form UCCIAd).
7. This item is optional. Check appropriate box in item 7 to request Search Report(s)
on all or some of the Debtors named in this Financing Statement. The Report will
list all Financing Statements on file against the designated Debtor on the date of
the Report, including this Financing Statement. There is an additional fee for each
Report. If you have checked a box in item 7, tile Search Report Copy together
with Filing Officer Copy (and Acknowledgment Copy). Note: Not ail states do
searches and nut all states will honor a search request made via this form; some
states require a separate request form.
8_ This item is optional and is for filer's use only. For tiler's convenience of reference,
filer may enter in item 8 any identifying information (e.g., Secured Party's loan
number, law firm file number, Debtor's name or other identification, state in which
form is being filed, etc.) that filer may find useful_
EXHIBIT A-2
TO ATTACIIMENT NO. 3
I cl
UCC FINANCING STATEMENT ADDENDUM
FOLLOW INSTRUCTIONS (front and back) CAREFULLY
9. NAME OF FIRST DEBTOR (la or lb) ON RELATED FINANCING STATEMENT
OR
Oa. ORGANIZATION'S NAME
Mile of Cars Association
$b. INDIVIDUAL'S LAST NAME
10. MISCELLANEOUS:
FIRST NAME 'MIDDLE NAME, SUFFIX
THE ABOVE SPACE IS FOR FILING OFFICE USE ONLY
I I_ ADDITIONAL DEBTOR'S EXACT FIJLL LF.GAI. NAME - insect only one name (1 la or t I b) do not abbreviate or combine names
11 a. ORGANIZATION'S NAME
OR
I lb_ INDIVIDUAL'S LAST NAME
FIRST NAME
MIDDLE NAME SUFFIX
I I c. MAILING ADDRESS
CITY
I1d. TAX B) #-. SSN OR EIN ADD'L INFO RE Ile. TYPE OF ORGANIZATION l If.JURISDICTION OF ORGANIZATION
ORGANIZATIO
N DEBTOR
12. ❑ ADDiTIONAI. SECURED PARTY'S or 0 ASSIGNOR S/P'S NAME - insert only one name (12a or 126)
OR
12a. ORGANIZATION'S NAME
STATE POSTAL CODE ICOUMI.RY
11 g. ORGANIZATION !Dirt, if any
12b. INDI V IDUA L.'S LAST NAME
12c. MAILING ADDRESS
FIRST NAME
MIDDLE NAME
SUFFIX
❑NONE
CITY
STATE.
POSTAL CODE
COUNTRY
13. This FINANCING STATEMENT covers 0 timber to be cut or 0 as -extracted
collateral, or is filed as a ❑ fixture tiling.
14. Description of real estate_
[See attached Schedule 1 to UCC-I Financing Statement —Description of Real
Property]
15. Name and address of a RECORD OWNER of above -described real estate
of Debtor does not have a record interest):
16. Additional collateral description:
IT Check only if applicable and check only one box.
Debtor is a ❑ Trust or ❑ Trustee acting with respect to property held in trust or 0 Decedent's Estate
18. Check only if applicable and check only one box.
❑ Debtor is a TRANSMITTING UTILITY
❑ Filed in commeclion with a Manufactured -Home Transaction -- effective 30 years
❑ Filed in connection with a Public -Finance Transaction — effective 30 years
FII,ING OFFICE COPY NATIONAI. IJCC FINANCING STATEMENT ADDENDUM (FORM UCCIAd) (REV. 07/29/98)
EXHIBIT A-3
TO ATTACHMENT NO. 3
DOC SOC/ 1414542 v4/200191-0002
ATTACHMENT NO. 4
RELEASE OF CONSTRUCTION COVENANTS
This RELEASE OF CONSTRUCTION COVENANTS ("Release") is made by the CITY
OF NATIONAL CITY COMMUNITY DEVELOPMENT COMMISSION, a public body,
corporate and politic ("Commission"), in favor of MILE OF CARS ASSOCIATION, a California
nonprofit, mutual benefit corporation ("Participant"), as of the date set forth below. All capitalized
terms used, but not otherwise defined herein, shall have the meaning given to them in that certain
Freeway Sign Rehabilitation Loan Agreement executed by Commission and Participant on July 8,
2010 ("Agreement").
RECITALS
A. The Commission and the Participant have entered into the Agreement which concerns
the Rehabilitation of the Signage situated in the City of National City, California as more fully
described in the Agreement.
B. As referenced in Section 309 of the Freeway Sign Rehabilitation Loan Agreement,
the Commission is required to furnish the Participant or its successors with a Release of Construction
Covenants upon completion of Rehabilitation of the Signage. This Release is conclusive
determination of satisfactory completion of the Rehabilitation, construction and development
required by the Freeway Sign Rehabilitation Loan Agreement.
C. The Commission has conclusively determined that such Rehabilitation, construction
and development has been satisfactorily completed.
NOW, THEREFORE, the Commission hereby certifies as follows:
l . The Rehabilitation of the Signage by the Participant has been fully and satisfactorily
completed in conformance with the Freeway Sign Rehabilitation Loan Agreement. Any operating
requirements and all use, maintenance or nondiscrimination covenants contained in the Freeway Sign
Rehabilitation Loan Agreement shall remain in effect and enforceable according to their terms.
2. Nothing contained in this instrument shall modify in any other way any other
provisions of the Freeway Sign Rehabilitation Loan Agreement.
ATTACHMENT NO. 4-1
DOCSOC/ 1414542v4/200191-0002
aQ
IN WITNESS WHEREOF, the Commission has executed this Release this 8th day of July,
2010.
ATTEST:
Commission Secretary
APPROVED AS TO FORM:
Stradling Yocca Carlson & Rauth,
Commission Special Counsel
COMMISSION:
CITY OF NATIONAL CITY COMMUNITY
DEVELOPMENT COMMISSION, a public body,
corporate and politic
By:
Ron Morrison, Chariman
PARTICIPANT:
MILE OF CARS ASSOCIATION, a California
nonprofit, mutual benefit corporation
By:
Tim Howell, President
AND
By:
Bill Cumming, Vice President
DOC SOC/ 1414542 v4/200191-0002
ATTACHMENT NO. 4-2
ATTACHMENT NO. 5
MAINTENANCE AGREEMENT
This MAINTENANCE AGREEMENT (this "Maintenance Agreement") is made by MILE
OF CARS ASSOCIATION, a California nonprofit, mutual benefit corporation ("Participant"), in
favor of the CITY OF NATIONAL CITY COMMUNITY DEVELOPMENT COMMISSION, a
public body corporate and politic ("Commission"). as of July 8, 2010. All capitalized terms used, but
not otherwise defined herein, shall have the meaning given to them in that certain Freeway Sign
Rehabilitation Loan Agreement executed by Commission and Participant on July 8, 2010
("Agreement").
RECITALS
A. The Commission and the Participant have entered into the Agreement which concerns
the Rehabilitation of the Signage situated in the City of National City, California as more fully
described in the Agreement.
B. As referenced in the Agreement, the Participant is required to execute an agreement
in favor of the Commission for the maintenance of the Signage.
NOW, THEREFORE, the Participant agrees as follows:
1. Performance of Maintenance.
a. Participant shall maintain the improvements on or around the Signage in
accordance with the Maintenance Standards, as hereinafter defined. Said improvements shall
include, but not be limited to, the structure of the Signage, lighting, or other architectural elements
identifying the Signage and any and all other improvements to the Signage.
b. The following standards ("Maintenance Standards") shall be complied with
by Participant and its maintenance staff, contractors or subcontractors:
1. The Signage (as the term is defined in the Agreement) shall be
maintained in conformance and in compliance with the approved Scope of Work and reasonable
commercial development maintenance standards for similar projects, including but not limited to the
painting and cleaning of all exterior surfaces and other exterior features in the improvements on the
Signage.
2. The Signage shall be maintained as required by this Section 1 in good
condition and in accordance with the custom and practice generally applicable to comparable first
class signage similar to the Signage located within the Southern California area.
3. All maintenance work shall conform to all applicable federal and state
Occupational Safety and Health Act standards and regulations for the performance of maintenance.
ATTACHMENT NO. 5-1
DOC SOC/ 1414542v4/200 191-0002
4. Any and all chemicals, unhealthful substances, and pesticides used in
and during maintenance shall be applied in strict accordance with all governing regulations.
Precautionary measures shall be employed recognizing that all areas are open to public access.
2_ Failure to Maintain Signage. In the event Participant does not maintain the
Signage in the manner set forth herein and in accordance with the Maintenance Standards,
Commission and/or City shall have the right to maintain such improvements, or to contract for the
correction of such deficiencies, after written notice to Participant. Ilowever, prior to taking any such
action, Commission agrees to notify Participant in writing if the condition of said improvements do
not meet with the Maintenance Standards and to specify the deficiencies and the actions required to
be taken by Participant to cure the deficiencies. Upon notification of any maintenance deficiency,
Participant shall have thirty (30) days within which to correct, remedy or cure the deficiency. If the
written notification states the problem is urgent relating to the public health and safety of the City or
the Commission, then Participant shall have forty-eight (48) hours to rectify the problem.
In the event Participant fails to correct, remedy, or cure or has not commenced
correcting, remedying or curing such maintenance deficiency after notification and after the period of
correction has lapsed, then City and/or Commission shall have the right to maintain the Signage.
Participant agrees to pay Commission such reasonable and documented third party charges and costs.
3. Compliance with Law. Participant shall comply with all local, state and
federal laws relating to the uses of or condition of the Signage. Local laws for the purposes of this
section shall include only those ordinances which are nondiscriminatory in nature and applicable to
the public welfare, health, safety and aesthetics. If any new local laws relating to uses of or condition
of the improvements create a condition or situation that constitutes a lawful nonconforming use as
defined by local ordinance with respect to the Signage or any portion thereof, then so long as the
lawful nonconforming use status remains in effect (i.e., until such lawful status is properly terminated
by amortization as provided for in the new local law or otherwise), Participant shall be entitled to
enjoy the benefits of such lawful nonconforming use pursuant to the lawful nonconforming uses
ordinance.
[Signature block begins on next page.]
ATTACHMENT NO. 5-2
DOCSOC/ 1414542 v4/200191-0002
PARTICIPANT:
MILE OF CARS ASSOCIATION, a California
nonprofit, mutual benefit corporation
By:
Tim Howell, President
AND
By:
Bill Cumming, Vice President
ATTACHMENT NO. 5-3
DOCSOC/ 1414542v4/200191-0002
ITEM #29
7/20/10
CLOSED SESSION REPORT
(CITY ATTORNEY)