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HomeMy WebLinkAbout2010 09-07 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 September 7, 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 yourconcerns 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) NO Lb: Pursuant to state law, items requiring Council or Community Development Commission action must be brought back on a subsequent Council or Community Development Commission Agenda unless they are of a demonstrated emergency or urgent nature. Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at (619) 336-4228 to request a disability -related modification or accommodation. Notification 24-hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Spanish audio interpretation is provided during Council and Community Development Commission Meetings. .Audio headphones are available in the lobby at the beginning of the meetings. Audio interpretation en espanol se proporciona durante sesiones del Consejo Municipal: Los audiofonos estan disponibles en el pasillo al principio de la junta. Council Requests That All Cell Phones And Pagers Be Turned Off During City Council Meetings COPIES OF THE CITY COUNCIL OR COMMUNITY DEVELOPMENT COMMISSION MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.nationaicitvca:gov CITY COUNCIUCOMMUNITY DEVELOPMENT COMMISSION AGENDA 9/7/2010 - Page 2 PROCLAMATION 1. Proclaiming September 2010 as: "NATIONAL PREPAREDNESS MONTH" PRESENTATIONS 2. Presentation recognizing Julian L. Villlagomez, Police Sergeant, for his 20 years of service. 3. Presentation recognizing Brian Clapper for his service as the Fundraiser Coordinator for the Las Palmas Little League. Presentation and Update by Development Services Department/Engineering Division on the FY 2010-2011 National City Resurfacing Project. (Development Services) CITY COUNCIL ' CONSENT CALENDAR Consent Calendar: Consent calendar items involve matters, which are of a routine or noncontroversial nature. All consent calendar items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of the agenda and separately considered, upon request of a Councilmember, a staff member,or a member of the public. 5. Approval of the Minutes of the Regular City Council/Community Development Commission Meeting of April 6, 2010, the Special Meeting of the City Council of April 13, 2010, and the Regular Meeting of the City Council /Community Development Commission Meeting of August 17, 2010. (City Clerk) 6. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Encroachment Permit and Agreement with Bank of America for the maintenance of an overhead pylon sign and an awning encroaching the public right-of-way at 235 E. 8th Street. (Development Services) 7. Resolution of the City Council of the City. of National City authorizing the Mayor to execute an Encroachment Agreement with the property owners of 819 D Avenue (Harbor View) for the existing aerial protrusions into and above portions of D Avenue, E. 8th Street, E. 9th Street, and the adjacent alley. (Development Services/Engineering) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 9/7/2010 - Page 3 CONSENT CALENDAR (Cont.) 8. Resolution of the City Council of the City of National City authorizing the Mayor to execute a temporary Encroachment Agreement with N.C. Apartments, LLC, Harbor View Acquisition, LLC, and Village Capital Corporation, property owners of the Harbor View condominium project located at 819 D Avenue, for the existing street encroachments into portions of D Avenue, East 8th Street, East 9th Street, and the adjacent alley while the parties negotiate terms for the final resolution of property interests. (Development Services/Engineering) 9. Resolution of the City Council of the City of National City to approve a Reimbursement Agreement with N.C. Apartments, L.L.C., Harbor View Acquisition, L.L.C. and Village Capital Corporation, for the utility undergrounding required by Resolution 2006-266, for the Harbor View Condo Project located at 819 D Avenue. (Development Services/Engineering) 10. Resolution of the City Council of the City of National City authorizing the reimbursement of inspection fees paid in excess of the former fee to applicants who applied for a building permit during the lower fee period (July 1, 2009 to June 30, 2010), were invoiced at the lower fee level and obtained a building permit after the reinstatement of fees to the 2008 fee level; and, authorizing the collection of inspection fees at the lowered fee rate for those applicants who applied and paid for the plan check portion of their building permit prior to July 1, 2010. (Development Services/Engineering) 11. Resolution of the City Council of the City of National City ratifying the City Manager's signature of the Port of San Diego TUP application for use of the PASHA Parking Lot "J" located on Port property for temporary parking in conjunction with the free concert at Pepper Park on 9/18/10. (Community Services) 12. Resolution of the City Council of the City of National City authorizing the Mayor to enter into an Agreement with Disney Destinations, LLC dba Disney Destinations Sales for the online sale and purchase of discounted Disneyland Resort tickets to City of National City employees. There is no direct cost to the City. (Human Resources) 13. Resolution of the City Council of the City of National City authorizing access to State and Federal level summary criminal history information for employment (including volunteers and contract employees). This is in compliance with newly enacted State legislation (AB 346). (Human Resources) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 9/7/2010 - Page 4 CONSENT CALENDAR (Cont.) 14. A Resolution of the City Council authorizing the Mayor to execute a one-year Agreement in the amount of $4,965 per month between the City of National City and Claims Management Associates (CMA), Inc. to provide liability claims adjusting and risk management services to the City of National City. (City Manager) 15. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Employment Agreement between the City of National City and Claudia Silva for the position of City Attorney. (City Attorney) 16. WARRANT REGISTER #5 Warrant Register #5 for the period of 07/28/10 through 08/03/10 in the amount of $5,455,377.63. (Finance) 17. WARRANT REGISTER #6 Warrant Register #6 for the period of 08/04/10 through 08/10/10 in the amount of $3,596,580.06. (Finance) NON CONSENT RESOLUTION 18. Resolution of the City Council of the City of National City authorizing the Mayor to execute a Third Amendment to Agreement with Moynahan Towing Services for additional towing and impound services within National City. (City Attorney) NEW BUSINESS 19. Review League of California Cities' 2010 Annual Conference Resolutions. (City Manager) 20. Request to use Martin Luther King, Jr. Community Center (north room) by State of California Employment Development Department for a Youth Job Fair from 2-6 p.m. on 9/23/10, and the use of MLK (south room) for planning meetings from 2-4 p.m. on 9/8/, 9/15, and 9/22/10 with no waiver of fees. (Community Services) CITY COUNCIUCOMMUNITY DEVELOPMENT COMMISSION AGENDA 9/7/2010 - Page 5 NEW BUSINESS (Cont.) 21. Request to use Martin Luther King, Jr. Community Center by National City Community Concert Band for public concerts to be held on 9/15/10 and 12/18/10 from 3 p.m. — 9 p.m. Concerts are co -sponsored by the City. (Community Services) 22. Request to use Martin Luther King, Jr. Community Center (north room) by National City Chamber of Commerce for the "Salute to Navy" luncheon on 10/6/10 from 9 a.m. — 3 p.m. This event is co -sponsored by the City. (Community Services) 23. Notice of Decision - Planning Commission approval of a Conditional Use Permit to operate a group counseling center at 2414 Hoover Avenue, Suite A, B, and C. (Applicant: Jeanne McAlister) (Case File 2010-21 CUP) (Development Services/Planning) 24. Notice of Decision — Planning Commission approval of a modification of a Conditional Use Permit for a change of use from a senior assisted living and adult day care facility to a senior independent living and adult day care facility and a variance request to allow Tess than the required parking to accommodate the change of use to an independent living facility at 2525 Highland Avenue. (Applicant: Joseph Bendah) (Case File 2010-19 MCUP/Z) (Development Services/Planning) 25. Notice of Decision — Planning Commission approval of a Conditional Use Permit for a wireless communication facility at an existing church at 142 E. 16th Street. (Applicant: T-Mobile) (Case File 2010-11 CUP) (Development Services/Planning) 26. Notice of Decision — Planning Commission approval of a Planned Development Permit for the construction of five units at an existing 21-unit apartment complex at 520 V Avenue. (Applicant: Joe Astorga) (Case File 2010-18 PD) (Development Services/Planning) COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 27. Authorize the reimbursement of Community Development Commission expenditures in the amount of $4,775,872.98 to the City of National City for the period of 07/28/10 through 08/03/10. (Finance) CITY COUNCIUCOMMUNITY DEVELOPMENT COMMISSION AGENDA 9/7/2010 - Page 6 CONSENT CALENDAR (Cont.) 28. Authorize the reimbursement of Community Development Commission expenditures in the amount of $106,509.07 to the City of National City for the period of 08/04/10 through 08/10/10. (Finance) STAFF REPORTS 29. CDARS Update Report (Finance) 30. Recognition of Armed Services (City Manager/Community Services) 31. Back to School Project Report (Police) 32. Closed Session Report (City Attorney) MAYOR AND CITY COUNCIL ADJOURNMENT Regular City Council and Community Development Commission Meeting — Tuesday — September 21, 2010 — 6:00 p.m. - Council Chambers — National City, California. ITEM #1 /7/10 rrOM #2 9/7/10 Memo DATE August 12, 2010 TO Lavonne Watts, Executive Assistant IV (City Manager's Office) Josie Flores -Clark, Confidential Assistant (Mayor/Council Office) FROM : Lilia Munoz, HR Technician (Ay -- SUBJECT : ANNIVERSARY RECOGNITION The following City employee completed his twenty years of service with the City of National City on August 7, 2010: NAME •Julian L. Villagomez POSITION Police Sergeant HIRED August 7, 1990 As part of the Employee Recognition Program, the employee wishes to have the opportunity to receive a City Council Recognition at the Council Meeting of Tuesday, September 7, 2010. If this is acceptable, please make the necessary arrangements and send confirmation of the schedule to the employee, department and our office. The recognition letter, gift catalog and anniversary pin will be sent prior to the presentation. Thank you. xc: Sgt. Julian Villagomez Chief Gonzales H1Recognition Program Human Resources Department 140 E. 12th Street, Suite A, National City, CA 91950-3312 619/336-4300 Fax 619/336-4303 www.nationalcityca.gov Alejandro Soteio-Solis Vice Mayor Jess Van Deventer Co:uncilmember. Rosalie G Zarat Cou'neilworrran. Item No. 4 September 7, 2010 CALIFORNIA AT.VJ1 INCORPORATED CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 Presentation and Update by Development Services Department, Engineering Division on the FY 2010-2011 National City Street Resurfacing Project ITEM #5 9/7/10 APPROVAL OF THE MINUTES OF THE REGULAR CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION MEETING OF APRIL 6, 2010, THE SPECIAL MEETING OF THE CITY COUNCIL OF APRIL 13, 2010, AND THE REGULAR MEETING OF THE CITY COUNCIL /COMMUNITY DEVELOPMENT COMMISSION MEETING OF AUGUST 17, 2010. (CITY CLERK) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 7, 2010 AGENDA ITEM NO. 6 _ EM TITLE: A resolution of the City Council of the City of National City authorizing the Mayor to execute an Encroachment Permit and Agreement with Bank of America for the maintenance of an overhead pylon sign and an awning encroaching the public right of way at 235 E. 8th Street PREPARED BY: Mauro Nebreja DEPARTMENT: Devel PHONE: 619-336-4395 /// APPROVED B EXPLANATION: Bank of America, owner of the property at 235 E. 8th Street applied for a building permit for the changing the cabinet of the overhead pole sign and re -skinning of the canopy. Per site visit, the overhead sign and the canopy are encroaching the public right of way as shown on the attached Exhibit A & B. In order that a building permit be issued, an Encroachment Permit & Agreement was requested by Bank of America. An encroachment agreement fee was paid and a notarized copy of the agreement was submitted together with a one million dollar liability insurance certificate. The document has been reviewed and staff recommendation is to approve the Encroachment Permit and Agreement.. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Encroachment Agreement 2. Receipt of Fee Paid 3. Exhibit A and B 4. Insurance Certificate RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN ENCROACHMENT AGREEMENT WITH BANK OF AMERICA FOR THE MAINTENANCE OF AN OVERHEARD PYLON SIGN AND AN AWNING ENCROACHING THE PUBLIC RIGHT-OF-WAY AT 235 EAST 8TH STREET WHEREAS, Bank of America, owner of the property located at 235 East 8th Street, applied for a building permit for changing the cabinet of the overhead pole sign and re - skinning of the canopy; and WHEREAS, an inspection revealed that the sign and the canopy are encroaching the public right-of-way; and WHEREAS, as required, the Bank of America has executed an Encroachment Agreement promising to comply with all requirements of the City of National City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby accepts that certain document entitled "Encroachment Agreement" executed by the Bank of America. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute said Encroachment Agreement. PASSED and ADOPTED this 7th day of September, 2010. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney FEE: $490.00 ENCROACHMENT PERMIT AND AGREEMENT (Commercial) The City Of National City hereby grants an Encroachment Permit to the undersigned, BANK OF AMERICA (hereinafter referred to as "OWNER"), in accordance with and pursuant to the terms and conditions set forth in Chapter 13.12 of the National City Municipal Code. OWNER is the owner of that certain real property described in the attached Exhibit "A", or is an owner of personal property that is proposed to be installed in the public right-of-way or other public property of the City of National City, County of San Diego, State of California. The OWNER, in consideration of this grant of permission by the City of National City (hereinafter referred to as "CITY") to install and maintain certain personal property or a building, facility, or other structure (hereafter designated from time to time as an "encroachment") within or upon a CITY easement, property, or right-of-way for the use and benefit of OWNER'S property and adjacent lands, now covenants and agrees as follows: The site of installation and any description of OWNER'S encroachment is described in Exhibit "B", attached. The terms and conditions under which the encroachment is to be installed and maintained are as follows: 1. Upon notification in writing by the City Engineer, the above described encroachment shall be abandoned, removed, or relocated by OWNER at the owner's sole expense. 2. The said encroachment shall be maintained in a safe and sanitary condition at all times at the sole cost, risk, and responsibility of OWNER and any successor in interest, who shall hold CITY harmless with respect thereto. 3. This Permit and Agreement, when made for the direct benefit of OWNER'S land or property described above, and the covenants herein contained shall run with said land and shall be binding on the assigns and successors of OWNER. Should OWNER or its successors fail to remove or relocate the encroachment herein permitted within thirty (30) days alter notice of removal or relocation from the CITY, CITY may cause such removal or relocation to be done at OWNER's sole cost and expense, which shall be a lien upon said land. A copy of this Encroachment Agreement shall be recorded against any real property of the owner's that is hereby benefited by the encroachment_ Upon request by CITY, PERMITTEE shall record this Encroachment Agreement with the County of San Diego, County Recorder's Office, and upon recordation shall return the original to the CITY. 4. OWNER shall indemnify, defend, and hold harmless CITY and its officers, agents, and employees from all liability, loss, costs, claims, demands, suits, and defense costs, including attorneys' fees, arising out of Owner's entry upon and use of City's easement or right-of-way for the installation, maintenance, and use of the owner's encroachment. 5. OWNER and each successor in interest or assign shall take out and maintain, during the time the encroachment remains on CITY's easement or right-of-way, commercial general liability insurance with minimum limits ofOne Million Dollars ($1,000,000.00) combined single limit per occurrence, covering all bodily and property damage arising out of this Encroachment Agreement. This policy shall name CITY and its officers, agents, and employees as additional insured, and shall constitute primary insurance as to CITY and its officers, agents, and employees, so that any other policies held by CITY shall not contribute to any loss under said insurance. Said policy shall provide for thirty (30) days prior written notice to CITY of cancellation or material change. Prior to 1 commencement of this Encroachment Agreement, OWNER shall furnish CITY a certificate of insurance with original endorsements evidencing the coverage required by this section. Should owner fail to do so, City may elect to obtain such coverage at OWNER'S expense or immediately terminate this Agreement. 6. The full terms and conditions under which this Encroachment Permit is issued are further set forth in Chapter 13.12 of the National City Municipal Code, which terms OWNER hereby specifically acknowledges and agrees to. Owner also acknowledges that those terms and conditions include, without limitation, the following: a. The City reserves the right to charge the Owner "fair and reasonable" compensation for the use of CITY property retroactive to the date of construction or installation of the encroachment_ b. The CITY can require the removal, relocation, or undergrounding of the encroachment when deemed necessary and feasible by and in the sole discretion of the City Engineer at owner's expense. 7. This encroachment Permit is not valid and confers no rights to install and maintain an encroachment until it is accepted by the Owner. CITY OF NATIONAL CITY Ron Morrison, Mayor Dated: PERMIT -FEE: BANK OF AMERICA (Signature of two corporate officers required for Entity/Company Signature Name & Title a riit Lit') i sy1 roj(i -/ r;tIP ATTACH NOTARY CERTIFICATION FOR I'HE NAME OF PERM T EE SHOWN ABOVE. USE CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT NOTARY ONLY. PERMITTEE/APPLICANT INFORMATION: STEPHANIE LIEB Person in Responsible Charge 312-835-7993 Mailing Address: 135 SOUTH LASALLE STREET 24/7 Phone Number SUITE 2610 BANK OF AMERICA CHICAGO, IL 60603 Firm Name PLAT SHOWING LOCATION OF STRUCTURES, EASEMENT, OR RIGHT-OF-WAY, AND SEWER AND/OR DRAINAGE FACILITIES: SEE EXHIBIT "B", ATTACHED 2 Encroachment Permit and Agreement 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT jywt4S:f6,44 s\ tervtesTO.,c.•,s,:t sit sit . t'wt�..tcsd sR6/At State of California County of ORA-AWE. 11/riktProt o4CT.41ARt0.�t^ C"0•v1frtetAS.0.t�+vY: ',mot q•' On Og 05 /c-90 10 before me, ata personally appeared MANTAu G1lAFFARI Commission # 1773623 t Notary Public - California Orange County MyCoa t ■ n. Expkes Oct 1 c , 2011 s ss. MbJthC Name and Title of (Hirer (e g.,'Jane Doe, Notary Pubiic Names) ol slgner(sl 17 personally known to me ,14' proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed 10 the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: E/1j D 4e'fl PERa/ / a,t Document Date: 05/aura Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer aS »PlfitAri i j i iS Signer's Name: ❑ Individual ❑ Corporate Officer Title(s): ri Partner — ❑ Limited ❑ General ❑ Attorney -in -Fact ❑ Trustee O Guardian or Conservator O Other. RIGHT THUMBPRINT OF SIGNER Top of thumb here • • • • • 1 • • • 9i .1 i A Signer Is Representing: &tsA k � iI9,24rf « S�:t�.�,6`;.�6�✓6`. n.,.�., n...�_, �,C�',.1',6t.6`✓A'✓.0.�/4v.\✓6 rJ\✓'.h'J.Ls,As4t,.�,.�.6Vbv6�.6�'r�4 4116 L4 6,4 6,6 66: Vat' r ?rO,Cf11C4a..1n�'er 01999 National Notary Asse,aboe - 9350 De Soto Ave_ P.O. Box 2402 - ChatswoNh, CA 91313-2402 • www nabonabrotanoorg Prod_ No. 5907 Reorder Ca? Toll -Free 1AIX}11766877 3 commencement of this Encroachment Agreement, OWNER shall furnish CITY a certificate of insurance with original endorsements evidencing the coverage required by this section. Should owner fail to do so, City may elect to obtain such coverage at OWNER'S expense or immediately terminate this Agreement 6_ The full terms and conditions tinder which this Encroachment Permit is issued are further set forth in Chapter (3.12 of the National City Municipal Code, which terms OWNER hereby specifically acknowledges and agrees to. Owner also acknowledges that those terms and conditions include without limitation, the following: a. The City reserves the right to charge the Owner "fair and reasonable" compensation for the use of CITY property retroactive to the date of construction or installation of the encroachment_ b_ The CITY can require the removal, relocation, or undergrounding of the encroachment when deemed necessary and feasible by and in the sole discretion of the City Engineer at owner's expense. 7_ This encroachment Permit is not valid and confers no rights to install and maintain an encroachment until it is accepted by the Owner. CITY OF NATIONAL CITY Ron Morrison, Mayor PERMITTEE: BANK OF AMERICA (� Z/ Z'� Dated: �-� (Signature of two corporate officers required for Entity/Company corporation) Signature Name & Title Name & Title ATTACH NOTARY CERTIFICATION FOR THE NAME OF PERMITTEE SHOWN ABOVE. USE CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT NOTARY ONLY. PERMITTEE/APPLICANT INFORMATION: Person in Responsible Charge 24/7 Phone Number Finn Name Mailing Address: PLAT SI LOWING LOCATION OF STRUCTURES, EASEMENT, OR RIGHT-OF-WAY, AND SEWER AND/OR DRAINAGE FACILITIES: SEE EXHIBIT" B", ATTACHED 2 Encroachment Permit and Agreement (Commercial)) 4 ACKNOWLEDGMENT State of California County of Q k- a h ge on 5u1 /2, 2dio t ,ZQu(reh ,t-f,`c 17e1e CuMm;hS, ho4'.4Y Pub(,G (insert name and title of the officer) personally appeared Jn Se who proved to me on the basis of satisfactory evidence to be the person(g) whose name(s) islere- subscribed to the within instrument and acknowledged to me that he/shelthey executed the same in his/ erltheir-authorized capacity(ies), and that by his/befit-heir signature(e) on the instrument the person(s), or the entity upon behalf of which the persons) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seat Signature a�er!Q 9 4 1& t ea LAUREN MICHELE CUMMINS cririw� COMM. # 1857942 t.��g1 NOTARY PUBLIC - CALIFORNIA x' 5F!` ORANGE COUNTY L, COMM. EXPIRES JOLT 16, 2013 '" (Seal) 5 CALIFORNIA NATIONAL Cn r MAV ,NCORPORATED DEVELOPMENT SERVICES DEPARTMENT ENGINEERING DIVISION PAYMENT TRANSMITTAL Date: i/.21 //D PN No.(s) Property Owner: Contractor: (Cr)CI SI A- O Project Address: Permit No. City Staff: V L' Phone: e'9-- 0 Phone: National City, CA 91950 T & A number cross reference: ❑ existing ❑ new (send with T & A transmittal) Sidewalk, Driveway, Curb Permit X $ 297.00 Special Driveway Permit X $ 368.00 001-06029-3130 Grading Construction Permit X $ 396.00 001-06029-3142 Traffic Control Plan Check X $ 476.00 001-06029-3144 Traffic Impact Study Review <3000 vehicles X $ 3,416.00 Traffic Impact Study Review >3000 vehicles X $ 6,833.00 Annual Parking District Renewal X $ 35.00 001-06029-3146 Flood Hazard Area Permit X $ 201.00 001-06029-3147 Utility Company Permit Fee X $ 512.00 001-06029-3160 Sewer Permit X $ 381.00 001-06029-3585 Deferral X $ 670.00 001-06029-3634 Easement Check X $ 796.00 Encroachment Agreement X $ 490.00 Engineering Compliance Fee X $ 553.00 Investigation Fee X $ 170.00 Lot Line Adjustment X $ 1,259.00 Record of Survey X $ 796.00 Copy Service - Plans (D Sheets) X $ 21.00 Copies (first page) X $ 1.00 additional pages standard 8 1/2 x 11 color, 8 1/2 x 11 Oversize, standard Oversize, color X $ 0.15 $ 0.25 $ 0.50 $ 1.00 X X X Total Transmitted $ / P _TO ENG-099 7- i -2010 CITY OF NATIONAL CITY Finance Department 619 336-4330 National City 2 / 36340 07/21/2010 11:25:50.000 Reg WXPCASHFI Validation Receipt CHARGES- 001-06027-3585 GF0635 coast sign $ 490.00 Sub -total $********490.00 PAYMENT - Check - 039169 $ 490.00 coast sign Change $**********0.00 THANK YOU! Business Hours: 7:00 - 6:00 Monday through Thursday Closed on Fridays 7 StTE PLAN SIt NABE'St+ C1 ATtONS _boast, uee • Additional • BOA Parking Prop.Ry llne Curb** F E 7th St 4 4lirTy, Property Tine Curb fa m edge of pylon e'a from curb face to property line 4 1 J 7cr M6r Manufacture and Install (1) Pylon Sign ©CUSTOM Manufacture and Install (1) Custom Awning Re-skln / from curb face to edge of pylon 8'-0" from curb face to property line 37" Encroachment by awning 59" F From curb face to face of awning E 8th St 4 116-0 3Ta Encfoachmem by awning From ourb face to F I face of awning E Eth St 4 tire.. ar o. 53-0 4 4 COM SIGN 114C011PRIATIO I_Yra.•••• YAW. M dreg m. rwlas au Mg Mall ar: OIdF10 helms Moe GEM YAM.. Ylla NTB MONA 33e 0 Sr et NE env,�: Nr..1Gw.cA Woe Oboe ARM* o•• TOY N an MOM WWaWNaa avows veebdba Ceara Son. Ina. d*IWnaW 1 y.rpo In emanation Win poled bang planet, tp Yoe by COM a•., Ana eaa net ne aad01La4 used by et eae]•Ed . •y Mt, p arrogation a• any ewe* ot.loa v. Wr0AWa0M commotion. Ma autettar Da. Revision Mann DESIGN DRAWING 1 of 3 3 Roves Nuneer EXH I BIT'A FIN LWOW, WRY a a MericaUMOr•a1ny1GFV-00n2•00366 :1 X 1] 1tM AThVtma0mt0 • ( G;PHOTIQ-SIGN '1 SIGNAGE LAYOUTS N Alt NI 120' PLAN VIEW FRONT VIEW DIM NSION LEGEND 463/6' 6034' 20' 16' 7 Pt 1FT. 26.6 Alt 6 am' 33.1 Ale 20'.0• 633/4' 1103/8 2/' 201R' 10112' 19.0 25'.0' 75 6/9' 10.11 '.I 20' 24 3/9' 12 1.,]' 81.9 AN 36'-0' 90 an'' 13'.21re 39' 2914' 1a' 96.1 AR 21 ll2' 195,0 3DecIf1catlons• Paces Acrylic wl first surface 3M vinyl, Colon as shown In legend, Cebinet 6 Pole Cover. Bnxefotmed aluminum, palmed. Colon 96 shown in legend. Sign Icllluminaled. ■ `vni"i`. ■ SIDE VIEW COLOR LEGEND P 49696 VINYL d30326222.eMP2161 PAINT: Champagne Moak MCNSWS /9MP 21314 VINYL 3M e393a 10 Mauna. NOTE: FOR ATTACHME'N1 DETAIL SEE PAGE 30 of 30 II44coAsSIGN NP aATED 1sY11./weer. e. ... —.10 Owe! 5 48I9 49 1 ML OWN... or. 0,a0.t0 Prows sap. 6.N N ATV. ION..N6 Adore: 23596N91. Drone NA Wry l air: Neumn6 CAN, CA '9R pant A,.8.S Dean fi0 a en 8 9rM uryobl1Mee auwng /0 UPOYCos I919,Ic IN Pmi1110 f y pe I MWanw6n 9xcfa 94P0 CI.70.0 ter nab ay Core Sloe, Inc, And shad RN be IOgoawd, Wan by a 9.ap..0 la any fern a o0gar0uan ter one Penman xneueevw 419'4lxrlu.n9wrN.ew,. N0. Diu Revision Rom DESIGN DRAWING 2 of 3 Repo et N m8er EXHI y B Pla Location. I F W‘9e It ofAmenceWa0r0wing0lDEV•BOA2.00256 1,1 17 106661A15 KNk,a 60 EN SIGN-33 SIGNAGE LAYOUTS 31 t SIDE VIEW SIDE VIEW NTS NTS Soeciflcations. Rs•skln existing awning wl material to match BOA red. See design control drawings for proper material specifications. Restore frame as required. Fabricator to scale custom vinyls to match visual appearance shown In photo morph. Full color graphic to have thin white outline as shown. Field verify dimensions of awning prior to fabrication, v COAST SIGN I IRO O R P trart Warn dYrYr,ere PUS 62e.E444 lags OM /NW °om 070110 Prior Morn Brut d Mrvi Orr MB Serge 2.16E Iu6 Orr U City farm rano City, CA gars. ert EY•M/gw♦. Orr: 105 M w rtyllr urpueWrd mums er tad try Cart km, Ine It5r41MMd Wring persona uN N Fnnbn W te WPM alnp Premed Mr you by COer &pn, Mc., Mg MY not ea repstlrad, urn by or dirks. M any Min or wrpdreMn ler any purpose WINwnVY rAestior enprmMYen. Me Dwsit nor Dar Revision Nodes DESIGN DRAWING 3 of 3 d Rspdet Nunean EXHIBIT B FIN Last.: $ OF 2 WMRdne el MrnaW rstrrpl0EV.0A4.00266 II x t ttFAP.AIC VEM9W eC " CERTIFICATE OF LIABILITY INSURANCE PRODUCER Marsh USA Inc. CA Non Resident No. 0822889 100 North Tryon Street, Suite 3200 Charlotte, NC 28202 Attn: Fax: 704-374-8500 055943-AA-I-10-11 CA011 CA 235EA DATE (MMOD YYYY) 07/16/2010 THIS CERTIFICATION IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Bank of America Corporation and any and all subsidiaries Mail Code NCI-005-10-09 121 West Trade Street Charlotte, NC 28255 INSURER A N/A N/A INSURER e: OW Republic Insurance Co 24147 INSURER C Lexington Insurance Company 19437 INSURER Cr INSURER E: COVERAGES THE NOTWITHSTANDING MAY CONDITIONS POLICIES BE OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. ANY REQUIREMENT, TERM OR CONDmON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LIR ADM. µ SIICTYPE OF INSURANCE POUCY NUMBER POt1cY EFFEGINE DATE (MINDO/YYYY) PODCI'r]!%RATroR DATE (MWDOIYYYYI LIMITS GENERAL LABILITY EACH OCCURRENCE $ 1,000,000 8 X COMMERCIAL GENERAL LIABILITY MWZY58886 08{01l2010 08101/2011 DAMAGE TO RENTED PREMISES(Ea occurrence) $ Excluded CLAIMS MADE I x I OCCUR MEO E)IP (My one person) $ Excluded PERSONAL & ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 1,000,000 AGGREGATE LIMIT ArPPLIES PER GENERAL X POLICY n PRO- I _ { LOC PRODUCTS - COMP/OP AGG $ 2,000000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $ AU. OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY $ NON -OWNED AUTOS (Per accident) PROPERLY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN FA ACC $ AUTO ONLY: AGG $ EXCESS !UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR, CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ $ RETENTION $ $ WORKERS EMPLOYERS' COMPENSATION AND LIABILITY i WC STATU- OTH- ITORY OMITS FR ANY PROPRIETOR1PARTNERIEXECUTIVE OFFICER/MEM Y / N EL. EACH ACCIDENT $ B SPECIAL I EL DISEASE - FA EMPLOYEE $ I�8ERyyEXCLUDED? OVISIONS bebw be r dor EL DISEASE - POLICY OMIT $ OTHER C REAL & PERSONAL 087711986SPECIAL 05/01/2010 05/01/2011 CAUSES OF LOSS INCLUDING RENTS 50,000,000 Deductible per policy Replacement Cost Value DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS MH ID CAO-113: Owned premises for the National City Branch at 235 East Eighth Street, National City CA 91950 The City of National City and its officers, agents and employees are additional insured only in respect to the existing building improvements that reside in the public way (specifically, the fabric awning and metal canopy at the south building elevation that cross the Bth Street property line). CERTIFICATE HOLDER ATL-002148335-02 CANCELLATION City of National City Development Services 1243 National City Boulevard National City, CA 91950 ACORD 25 (2009/01) 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. AUTNORDZO REPRESENTATIVE of Marsh USA hne. Letitia 1. Sobota @ 1998-2009 ACORD CORPORATION. All Rights Reserved The ACORD name and logo are registered marks of ACORD 11 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. Acord 25 (2009/01) 12 ADDITIONAL INFORMATION PRODUCER Marsh USA Inc. CA Non Resident No. 0822889 100 North Tryon Street, Suite 3200 Charlotte, NC 28202 Attn: Fax: 704-374-8500 055943-AA4-10-11 CA011 CA 235EA INSURED ATL-002148335-02 DATE ("mown 07/16/2010 INSURERS AFFORDING COVERAGE NAIC # Bank of America Corporation and any and all subsidiaries Man Code NC1-005-10-09 121 West Trade Street Charlotte, NC 28255 INSURER F: INSURER G: INSURER H: INSURER;: TEXT The General Liability knit shall not exceed the amount stated in the contract between Bank of America Corporation and the certificate holder. CERTIFICATE HOLDER City of National City Development Services 1243 National City Boulevard National City, CA 91950 AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Letitia 1. Sobota 13 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 7, 2010 AGENDA ITEM NO. 7 EM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute an Encroachment Agreement with the property owners of 819 D Avenue (Harbor View) for the existing aerial protrusions into and above portions of D Avenue, E. 8th Street, E. 9th Street, and the adjacent alley . PREPARED BY: Charles Nissley PHONE: 4396 EXPLANATION: DEPARTMENT: Develoop_pm�ent�Services//Engiineering APPROVED BY/�O� Z The owners of the property located at 819 D Avenue during construction of their property encroached into and over the City reserved right -of —way with several various facilities. Engineering staff have determined that these encroachments do not interfere with the free flow of vehicular or pedestrian traffic and therefore do not require removal at this time, however, since they do project into the air space over the right-of-way an encroachment agreement is required per Chapter 13.12 of the National City Municipal Code. The encroachment agreement shall require that the owner record the same with the County Recorder. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the resolution BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Encroachment Agreement 2. Resolution RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN ENCROACHMENT AGREEMENT WITH N.C. APARTMENTS, LLC, HARBOR VIEW ACQUISITION, LLC, AND VILLAGE CAPITAL CORPORATION, PROPERTY OWNERS OF THE HARBOR VIEW CONDOMINIUM PROJECT LOCATED AT 819 D AVENUE, FOR THE EXISTING AERIAL PROTRUSIONS INTO AND ABOVE PORTIONS OF D AVENUE, EAST 8TH STREET, EAST 9TH STREET, AND THE ADJACENT ALLEY WHEREAS, the structure built on the property located at 819 D Avenue, commonly known as the Harbor View Condominium Project and owned by N.C. Apartments, LLC, Harbor View Acquisition, LLC, and Village Capital Corporation (Property Owners), encroaches into and over the City's reserved right-of-way on D Avenue, East 8th Street, East 9th Street, and the adjacent alley; and WHEREAS, an inspection of the site revealed that the encroachments do not interfere with the free flow of vehicular or pedestrian traffic, and therefore, do not require removal at this time, however, because they do project into the air space over the right-of-way, an Encroachment Agreement is required pursuant to Chapter 13.12 of the National City Municipal Code; and WHEREAS, as required, the Property Owners have executed an Encroachrnent Agreement promising to comply with all requirements of the City of National City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Manager to execute an Encroachment Agreement with N.C. Apartments, LLC, Harbor View Acquisition, LLC, and Village Capital Corporation, property owners of 819 D Avenue, for the existing aerial protrusions into and above portions of D Avenue, East 8th Street, East 9th Street, and the adjacent alley. Said Encroachment Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 7th day of September, 2010. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney PLEASE COMPLETE THIS INFORMATIOT, RECORDING REQUESTED BY: AND WHEN RECORDED MAIL TO: THE. CITY OF NATIONAL CITY 1243 National City Blvd National City, CA 91950 (THIS SPACE FOR RECORDER=S USE ONLY) ENCROACHMENT AGREEMENT This Encroachment Agreement [Agreement] is entered into this 7th day of September, 2010, by the City of National City, a municipal Business, [City] and Harbor View Acquisitions LLC, a California limited liability company, NC Apartments, LLC, a California limited liability company, and Village Capital Corporation, an Indiana corporation [collectively, the Business]. RECITALS A. City holds an easement for a public right-of-way, referred to herein as the "Easement", which is located adjacent to 819 D Avenue; and, B. The Business desires maintain a roof overhang, balconies, and facade protrusions [hereafter referred to as the "Encroachment") within the City's Easement; and, C. City has the authority to regulate the terms and conditions for the use of its Easement for the construction, installation, and maintenance of the Encroachment pursuant to Chapter 13.12 of the National City Municipal Code. NOW, THEREFORE, City hereby grants to Business the right to encroach onto the City's Easement, subject to the following terms, covenants and conditions to which Business and City agree: I . Description of Encroachment. Business owns that certain real property commonly known as 819 D Avenue, commonly referred to as the Harbor View Project, and more particularly described in Exhibit A. Business seeks to maintain the Encroachment within the Easement or other public property of the City of National City, County of San Diego, State of California. The location and description of the Encroachment is described in Exhibit B and depicted in Exhibit C, attached and incorporated herein. 2. Removal and Relocation. Upon notification in writing by City's City Engineer, the above described Encroachment shall be abandoned, removed or relocated by Business at Business' sole expense. When removal or Harborview Commercial Encroachment Agreement Roof, Balconies, Facade Page 1 of 7 relocation are required, Business shall return the Easement on which the Encroachment was located to a safe and satisfactory condition in accordance with the construction related conditions and specifications as established by the City according to its standard practice. Should Business fail to remove or relocate the Encroachment within ninety (90) days after notice of removal or relocation from the City, City may cause such removal or relocation to be done at Business' sole cost and expense. As an alternative to the temporary nature of this Agreement the City and Business may enter into a negotiated sale of an easement for the above referenced encroachments which are within the City's right of way. Once the sale is complete and an easement is recorded, this encroachment agreement shall terminate and be no further force and effect. 3. Maintenance. Business shall maintain the Encroachment and the Easement over which the Encroachment is located in a neat, clean, safe and sanitary condition at all times at the sole cost, risk and responsibility of Business. 4. Recording. This Agreement shall be recorded with the Office of the County Recorder, County of San Diego. Business shall pay the recording fee. Upon request by City, Business shall record this Encroachment Agreement. This Agreement shall not be effective until it has been recorded and a conformed copy has been delivered to the City Clerk. 5. Successors in interest. This Agreement shall be binding on the assigns and successors of Business. 6. Indemnification and Hold Harmless. Business shall indemnify, defend, and hold harmless City, and its officers, agents and employees from all liability, loss, costs, claims, demands, suits, and defense costs, including attorneys' fees, arising directly or indirectly, in whole or in part, out of the activities of Business described in this Agreement, except to the extent arising from the City's sole intentional or negligent acts. The Business shall agree to at all times indemnify, defend, and save the City free and harmless from and pay in full, any and all claims, demands, losses, damages or expenses that the City may sustain or incur in any manner resulting from any actions taken by Business which result in damage to the City ROW, including any loss, damage or expense arising out of (1) loss of or damage to property, and (2) injury to or death of persons; excepting any loss, damage or expense and claims for a loss, injury or death of persons, damage or expense resulting in any resulting in any manner from the City's sole intentional and/or negligent act or acts of the City, its contractors, officers, agents or employees 7. Insurance Business and each successor in interest or assign shall take out and maintain, during the time Harborview Commercial Encroachment Agreement Roof, Balconies, Facade Page 2 of 7 the Encroachment remains on City's Easement, commercial general liability insurance with minimum limits of Two Million Dollars ($2,000,000.00) combined single limit per occurrence, covering all bodily injury and property damage arising out of this Agreement. This policy shall name City and its officers, agents, and employees as additional insured, and shall constitute primary insurance as to City and its officers, agents and employees, so that any other policies held by City shall not contribute to any loss under said insurance. Said policy shall provide for thirty (30) days prior written notice to City of cancellation or material change. Prior to commencement of this Agreement, Business shall furnish City a certificate of insurance with original endorsements evidencing the coverage required by this clause. Should Business fail to do so, City may elect to obtain such coverage at Business's expense or immediately terminate this agreement. 8. Chapter 13.12 of the National City Municipal Code Business specifically acknowledges and agrees to the terms and conditions applicable to encroachments set forth in Chapter 13.12 of the National City Municipal Code and incorporated herein. 9. Acceptance Required. This Agreement is not valid and confers no rights to install and maintain the Encroachment until it is accepted by the Business and approved by the City Council of the City of National City. 10. Business License Requirement. Business shall obtain a business license from City prior to the execution of this Agreement by City. 11. City's Rights. Business agrees that City's rights to the Easement are paramount to this Agreement. Business shall in no way interfere with City's right to use, access, or possess the Easement. 12. Alterations and Improvements. Business shall make no further improvements or alterations affecting the Easement. In no event shall any improvements or alterations be made or approved that interfere, in any way, with the City's use of the Easement. 13. Damage to Easement. Business shall be responsible for any damage to City's Easement due to the construction, installation or maintenance of the Encroachment and Business shall repair, replace and restore in kind the damaged Easement in accordance with City standards at Business's sole expense. 14. Termination. This Agreement is terminable at will by the City and by Business. Business shall vacate the Easement at any time upon receipt of a written notice of termination from the City. Additionally, a I-larborvicw Commercial Encroachment Agreement Roof. Balconies, Facade Page 3 of 7 notice of such termination, recordable in form, may be recorded in the Office of the County Recorder, County of San Diego. 15. Notices. Any notice provided by this Agreement or required by law to be given or served upon City or Business, may be given or served by depositing the same in the United States Mail, postage prepaid, addressed as follows: To City: City Engineer City of National City 1243 National City Boulevard National City, CA 91950 16. Entire Agreement. To Business: Andrew J. Held Pedcor Commercial Development LLC 770 3rd Avenue SW Carmel, Indiana 46032 24 hour contact number: (317) 250-3123 This Agreement contains the entire agreement between the parties and no term or provision may be changed, waived, discharged or terminated unless made in writing and executed by both parties. IN WITNESS THEREOF, the parties have caused this Agreement to be executed in duplicate on the date and year first written herein. Date: CITY OF NATIONAL CITY Attest: Michael Dalla, City Clerk SEE ATTACHED EXHIBITS A, B and C Ron Morrison, Mayor Agreed as to form: Claudia G. Silva, III, City Attorney Harborview Commercial Encroachment Agreement Roof, Balconies, Facade Page 4 of 7 Harbor View Acquisitions LLC, a California limited liability company (Signature) Jane J. Netherton, Man (Print Name & Title) Paula -Rose Wihongi, Member Harborview Commercial Encroachment Agreement Roof, Balconies, Facade Page 5 of 7 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT • •,; •.-;. •i; •fir- • ,-., t . ,-.' v; . v; ; v; v; rr v: v; r, r,r r rr,• • r.rv; r �rrr• r •� State of California County of Los Angeles On August 30, 2010 before me, Mona Date personally appeared Jane J. Netherton } Steele, Notary Public Here Insert Name and Title of the Officer and Paula -Rose Wihonqi Name(s) of Slgner(s) MONA STEELE Commission # 1872572 -! Notary Public - California Z _ Los Angeles County — !I_ Mr Comm. Ex�ires Jan 1, 2014 Place Notary Seal and/or Stamp Above who proved to me on the basis of satisfacto evidence to be the person(s) whose name(s) is& subscribed to the within instrument and acknowledged to me Abal. he/she/they executed the same in his/her authorized capacity(ies), and that by his/her/t ignature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: I'(MA/ OPTIONAL Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: EJlcroachment Agreement Document Date: - Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Jane J. Netherton • Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee Guardian or Conservator i other: Manager Signer Is Representing: Harbor View Acquisition LLC RIGHT THU OF Si IIBPRINT VER Top of thumb here Signer's Name: Paula -Rose Wihongi Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator t Other.. Member Signer Is Representing: Harbor View Acquisition LLC RIGHT TH OF S UMBPRINT GNER Top of thumb here ©2008 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402- www.NationalNotary.org Item #5907 Reorder. Call Toll -Free 1-800-876-6827 NC Apartments, LLC a Califomia limited liability company August 30, 2010 (¢Ate) u\e (Si! .ture) (Signature) J. Taggart Birge, Chief Executive Officer 4-140.."^� (Print Name & Title) ,.)1>tz o Qr, I-larborview Commercial Encroachment Agreement Root; Balconies, Facade Page 6 of 7 STATE OF INDIANA ) ) SS COUNTY OF HAMILTON ) Before me, the undersigned, a Notary Public in and for said County and State, this 30`h day of August, 2010, personally appeared Jonathan T. Birge, Managing Member of NC Apartments, LLC, who executed the above and foregoing for and on behalf of said company. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal. My Commission Expires: August 30, 2014 Notary PublicL Signature Pamela J. Park Notary Public - Printed My County of Residence Is: Boone STATE OF INDIANA ) ) SS COUNTY OF HAMILTON ) Before me, the undersigned, day of August, 2010, personally Apartments, LLC, who executed the IN WITNESS WHEREOF, I seal. ,SAW PAMELAJ.PARK Boone County My Commission Expires .. August 30, 2014 My Commission Expires: August 30, 2014 a Notary Public in and for said County and State, this 30`h appeared Andrew J. Held, Managing Member of NC above and foregoing for and on behalf of said company. have hereunto subscribed my name and affixed my official Notary Public - ignature Pamela J. Park Notary Public - Printed My County of Residence Is: Boone 9 Village Capital Corporation An Indiana corporation (Print Name & Title) NOTE: NOTARY ACKNOWLEDGMENTS (FOR ALL SIGNATURES) MUST BE ATTACHED, PER CIVIL CODE SEC. 1180 ET. SEQ. State of Indiana County of Vanderburgh Before me the undersigned, A Notary Public for Vanderburgh County, State of Indiana, personally appeared Donald R. Neel, and acknowledged the execution of this instrument this 30'h day of August, 2010. SS: Kristi R. Krack, Notary Public My commission expires: 1/30/2017 KRISTI R. KRACK Resident of Vanderburgh County, IN Commission Expires: January 30, 2017 State of Indiana County of Vanderburgh Before me the undersigned, A Notary Public for Vanderburgh County, State of Indiana, personally appeared Keith A. Knipstein, and acknowledged the execution of this instrument this 30th day of August, 2010. SS: 46154Z R. le.)._ Kristi R. Krack, Notary Public My commission expires: 1/30/2017 KRISTI R. KRACK Resident of Vanderburgh County, IN Commission Expires: January 30, 2017 Harborview Commercial Encroachment Agreement Roof, Balconies, Facade Page 7 of 7 EXHIBIT A LEGAL DESCRIPTION LOT 1 OF HARBORVIEW CONDOMINIUMS, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15535, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 5, 2007. APN: 556-493-10-01 and 556-493-10-02 and 556-493-10-03 and 556-493-10-04 and 556-493-10-05 and 556-493-10-06 and 556-493-10-07 and 556-493-10-08 and 556-493- 10-09 and 556-493-10-10 and 556-493-10-11 and 556-493-10-12 and 556-493-10-13 and 556-493-10-14 and 556-493-10-15 and 556-493-10-16 and 556-493-10-17 and 556-493- 10-18 and 556-493-10-19 and 556-493-10-20 and 556-493-10-21 and 556-493-10-22 and 556-493-10-23 and 556-493-10-24 and 556-493-10-25 and 556-493-10-26 and 556-493- 10-27 and 556-493-10-28 and 556-493-10-29 and 556-493-10-30 and 556-493-10-31 and 556-493-10-32 and 556-493-10-33 and 556-493-10-34 and 556-493-10-35 and 556-493- 10-36 and 556-493-10-37 and 556-493-10-38 and 556-493-10-39 and 556-493-10-40 and 556-493-10-41 and 556-493-10-42 and 556-493-10-43 and 556-493-10-44 and 556-493- 10-45 and 556-493-10-46 and 556-493-10-47 and 556-493-10-48 and 556-493-10-49 and 556-493-10-50 and 556-493-10-51 and 556-493-10-52 and 556-493-10-53 and 556-493- 10-54 and 556-493-10-55 and 556-493-10-56 and 556-493-10-57 and 556-493-10-58 and 556-493-10-59 and 556-493-10-60 and 556-493-10-61 and 556-493-10-62 and 556-493- 10-63 and 556-493-10-64 and 556-493-10-65 and 556-493-10-66 and 556-493-10-67 and 556-493-10-68 and 556-493-10-69 and 556-493-10-70 and 556-493-10-71 and 556-493- 10-72 and 556-493-10-73 and 556-493-10-74 and 556-493-10-75 and 556-493-10-76 and 556-493-10-77 and 556-493-10-78 and 556-493-10-79 and 556-493-10-80 and 556-493- 10-81 and 556-493-10-82 11 EXHIBIT B HARBORVIEW UPPER ENCROACHMENT LEGAL DESCRIPTION THOSE PORTIONS OF "D" AVENUE, 8111 STREET, 911 STREET AND ALLEY ADJACENT TO LOTS I THROUGH 5, INCLUSIVE. BETWEEN "D"AVENUE AND "E" AVENUE IN BLOCK 1 OF T. PARSON'S ADDITION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO. STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF 57 FILED IN THE OFFICE OF THE COUNTY'S RECORDER OF SAN DIEGO COUNTY, APRIL 26, 1881 DESCRIBED AS FOLLOWS: PARCEL"A" THAT PORTION OF SAID ALLEY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 1 OF HARBORVIEW CONDOMINIUMS, IN SAID NATIONAL CITY, ACCORDING TO MAP THEREOF NO. 15535, FILED IN SAID COUNTY RECORDER'S OFFICE. APRIL 5, 2007; THENCE, ALONG THE EASTERLY LINE OF SAID LOT I OF MAP 15535, ALSO BEING THE EASTERLY RIGHT-OF-WAY LINE OF SAID ALLEY, N 17° 45'58" W. 250.35 FEET TO THE NORTHEAST CORNER OF SAID LOT I ; THENCE, ALONG THE EXTENSION OF THE SOUTHERLY RIGHT OF WAY LINE OF 8T11 STREET, N 72 01'42" E, 1.08 FEET TO EASTERLY EDGE OF EXISTING BUILDING FACADE PROTRUSION; THENCE, ALONG SAID EASTERLY EDGE OR BUILDING EDGE, S 17° 45'58" E. 62.37 FEET TO THE BEGINNING OF A NON - TANGENT 6.63 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY, WHOSE RADIAL BEARING BEARS N 59° 13'36" W; THENCE ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 26°00'56" AN ARC LENGTH OF 3.01 FEET; THENCE. S 17° 45'58" E, 185.00 FEET TO AN INTERSECTION POINT WITH THE WESTERLY EXTENSION LINE OF THE NORTHERLY RIGHT OF WAY LINE OF SAID 9111 STREET; THENCE, LEAVING SAID BUILDING EDGE AND ALONG SAID 9rH STREET WESTERLY EXTENSION LINE, S 72° 05'38" W, 1.08 FEET TO THE POINT OF BEGINNING. PARCEL "B" THAT PORTION OF SAID 9T1I STREET DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 1 OF MAP 15535; THENCE, ALONG THE SOUTHERLY LINE OF SAID LOT I OF MAP 15535, ALSO BEING THE NORTHERLY RIGHT-OF-WAY LINE OF SAID 9rH STREET. N 72° 05'38" E, 117.54 FEET TO THE SOUTHEAST CORNER OF SAID LOT 1; THENCE, CONTINUING N 72° 05'38" E, 1.08 FEET TO SAID EASTERLY EDGE OF EXISTING BUILDING FACADE PROTRUSION; THENCE, ALONG SAID EASTERLY EDGE S 17° 45'58" E, 0.98 FEET TO TILE SOUTHEAST CORNER OF EXISTING BUILDING FACADE PROTRUSION; THENCE. ALONG THE SOUTHERLY EDGE OF FACADE PROTRUSION OR EXTENSION LINE OF SAID PROTRUSION OR BUILDING ROOF EDGE THE FOLLOWING COURSES: S 72° 11'35" W, 48.26 TO POINT HEREINAFTER REFERTO AS POINT "A"; THENCE, CONTINUING S 72° 11'35" W, 26.79 FEET; THENCE, S 17° 48'25" E 1.07 FEET; 1 THENCE, S 72° 11'35" W, 22.00 FEET; THENCE, N 17° 48'25" W 1.07 FEET; THENCE, S 17° 48'25" E, 21.58 FEET TO AN INTERSECTION POINT WITH THE SOUTHERLY EXTENSION LINE OF THE EASTERLY RIGHT OF WAY LINE OF SAID "D" AVENUE; THENCE, ALONG SAID "D" AVENUE SOUTHERLY EXTENSION LINE, N 17° 45'45" W, 0.77 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM THE FOLLOWING PORTION: BEGINNING AT AFOREMENTIONED POINT "A"; THENCE S 72° 1 1'35" W, 14.80 FEET TO THE BEGINNING OF A NON -TANGENT 5.83 FOOT RADIUS CURVE CONCAVE NORTHWESTERLY, WHOSE RADIAL BEARING BEARS N 17° 48'25" W; THENCE ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 30°56'53" AN ARC LENGTH OF 3.15 FEET; THENCE, N 72° 11'35" E 11.80 FEET; THENCE, S 17° 48'25" E 0.83 FEET TO SAID POINT "A". PARCEL. "C" THAT PORTION OF SAID "D" AVENUE DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT I OF MAP 15535, THENCE. ALONG THE WESTERLY LINE OF SAID LOT 1 OF MAP 15535, ALSO BEING THE EASTERLY RIGHT-OF-WAY LINE OF SAID "D" AVENUE; THENCE, ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF "D" AVENUE, N 17° 45'45" W, 250.21 FEET TO THE NORTHWEST CORNER OF SAID LOT I; THENCE S 72° 01'42" W 0.50 FEET TO WESTERLY EDGE OF EXISTING BUILDING FACADE PROTRUSION; THENCE, ALONG SAID EDGE OR BUILDING EDGE THE FOLLOWING COURSES: S 17° 45'45" E, 34.93 FEET; S 72° 14'15" W, 2.07 FEET; S 17° 45'45" E, 21.00 FEET; N 72° 14'15" E. 2.07 FEET; S 17° 45'45" E, 4.67 FEET TO THE BEGINNING OF A NON -TANGENT 7.46 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY WHOSE RADIAL BEARING BEARS N 77° 44'32" W; THENCE ALONG SAID CURVE. TI-IROUGH A CENTRAL ANGLE OF 60°02'22" AN ARC LENGTH OF 7.81 FEET; THENCE, S 17° 45'45" E, 38.02 FEET; S 72° 14'15" W, 2.07 FEET; S 17° 45'45" E, 26.67 FEEL; N 72° 14'15" E, 2.07 FEET; S 17° 45'45" E, 63.16 FEET; S 72° 14' 15" W, 2.07 FEET; S 17° 45'45" E, 12.00 FEET; N 72° 14' 15" E, 2.07 FEET; S 17° 45'45" E, 43.96 FEET TO SOUTHWEST CORNER OF EXISTING BUILDING FACADE PROTRUSION; THENCE, ALONG THE SOUTH EDGE EXISTING BUILDING FACADE PROTRUSION N 72° 11'35" E, 0.50 FEET TO AN INTERSECTION POINT WITH THE SOUTHERLY EXTENSION LINE OF THE EASTERLY RIGHT OF WAY LINE OF SAID "D" AVENUE; THENCE, ALONG SAID "D" AVENUE SOUTHERLY EXTENSION LINE, N 17° 45'45" W, 0.77 FEET TO THE POINT OF BEGINNING. PARCEL "D" THAT PORTION OF SAID ell STREET DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT I OF MAP 15535; THENCE, ALONG THE NORTHERLY LINE OF SAID LOT 1 OF MAP 15535, ALSO BEING TI IE SOUTHERLY RIGHT-OF-WAY LINE OF SAID 8�r� STREET, N 72 01'42" E, 117.53 FEET TO THE NORTHEAST CORNER OF SAID LOT 1; THENCE CONTINUING ALONG THE EXTENSION OF SAID SOUTHERLY RIGHT OF WAY LINE. N 72 01'42" E, 1.08 FEET TO EASTERLY EDGE OF EXISTING BUILDING FACADE PROTRUSION; THENCE, ALONG SAID EASTERLY BUILDING EDGE, N 17° 45'58" W, 0.47 FEET TO THE NORTHEAST CORNER OF EXISTING BUILDING FACADE PROTRUSION; THENCE, ALONG THE NORTHERLY BUILDING FACADE PROTRUSION EDGE, S 72 13'49" W, 119.11 FEET TO THE NORTHWEST CORNER OF EXISTING BUILDING FACADE PROTRUSION; THENCE, ALONG THE WESTERLY BUILDING FACADE PROTRUSION EDGE, S 17° 45'45" E, 0.88 FEET TO AN INTERSECTION POINT WITH THE WESTERLY EXTENSION LINE OF THE SOUTHERLY RIGHT OF WAY LINE OF SAID 8111 STREET; THENCE, ALONG SAID 8TH STREET WESTERLY EXTENSION LINE, N 17° 45'45" W, 0.50 FEET TO THE POINT OF BEGINNING. 40' Page 1 8 t h STREET 7114'I0. E 117,S7• 7 ROOF ANO OR I A COONY N ANDlFACADE PROTRUSION TYP J, EXHIBri c SEE DETAL NO SCALE MAP BOUNDARY 10" ROOF AND/OR BALCONY AND/OR FACADE PROTRUSION (TYP) BUILDING PERIMETER EXISTING CENTERLINE - EXISTING CURB ENCROACHMENT ACCESSIBLE RAMP ENCROACHMENT AREA yKpaRSENNE Ih 1E' HANDRAIL FOR ACCESSIBLE RAMP 147. I7tlllfl 21U (NO SCALE) I SEE DETAIL r\AYcj4LikJ PAC./F Z STURO/TILE 10' ROOF AND/OR BALCONY I% AND/OR FACADE PROTRUSION (1YP) 1.9 9 t h SLUE 1' • 10' l Io II� Ile 11 l 16' U W L 't J .i •1 J GRAPHIC SCALE 10 0 5 10 20 MN Page 2 EXHIB CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 7, 2010 AGENDA ITEM NO. 8 'EM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute a temporary Encroachment Agreement with N.C. Apartments, LLC, Harbor View Acquisition, LLC, and Village Capital Corporation, property owners of the Harbor View condominium project located at 819 D Avenue, for the existing street encroachments into portions of D Avenue, East 8th Street, East 9t Street, and the adjacent alley while the parties negotiate terms for the final resolution of property interests. PREPARED BY: Charles Nissley DEPARTMENT: Deve .pnt Services/Engineering PHONE: 4396 APPROVED B r 4,0,/ EXPLANATION: The owners of the property located at 819 D Avenue during construction of their property constructed into the City reserved right-of—way with several facilities necessary for access into their property. Engineering staff have determined that these encroachments do not interfere with the free flow of vehicular or pedestrian traffic and therefore do not require removal at this time. However, since they do project into the right-of-way and the City is negotiating the sale of either an easement or fee title, this Encroachment Agreement is temporarily granted while that negotiation occurs. This encroachment agreement shall terminate and be of no further force and effect once the sale is complete and either an easement and/or boundary line adjustment is recorded, or if final negotiated purchase and sale agreement and close of escrow is not accomplished, the City may terminate the encroachment agreement and pursue all of its available legal remedies with regard to the various encroachments. The encroachment agreement shall require that the owner record the same with the County Recorder. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the resolution BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Deed Restriction with Encroachment Agreement Resolution RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A TEMPORARY ENCROACHMENT AGREEMENT WITH N.C. APARTMENTS, LLC, HARBOR VIEW ACQUISITION, LLC, AND VILLAGE CAPITAL CORPORATION, PROPERTY OWNERS OF THE HARBOR VIEW CONDOMINIUM PROJECT LOCATED AT 819 D AVENUE, FOR THE EXISTING STREET ENCROACHMENTS INTO PORTIONS OF D AVENUE, EAST 8TH STREET, EAST 9TH STREET, AND THE ADJACENT ALLEY WHILE THE PARTIES NEGOTIATE TERMS FOR THE FINAL RESOLUTION OF PROPERTY INTERESTS WHEREAS, the structure built on the property located at 819 D Avenue, commonly known as the Harbor View Condominium Project and owned by N.C. Apartments, LLC, Harbor View Acquisition, LLC, and Village Capital Corporation (Property Owners), encroaches into the City's reserved right-of-way on D Avenue, East 8th Street, East 9th Street, and the adjacent alley; and WHEREAS, the encroachments do not require immediate removal at this time, however, because they do project into the City's right-of-way, an Encroachment Agreement is required pursuant to Chapter 13.12 of the National City Municipal Code; and WHEREAS, the City is negotiating the sale of either an easement or fee title, therefore, a temporary Encroachment Agreement promising to comply with all requirements of the City of National City has been executed by the Property Owners while that negotiation occurs; and WHEREAS, this temporary Encroachment Agreement shall terminate and be of no further force and effect once the sale is complete and either an easement and/or boundary line adjustment is recorded, or if final negotiated purchase and sale agreement and close of escrow is not accomplished, the City may terminate the temporary Encroachment Agreement and pursue all of its available legal remedies with regard to the various encroachments. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Manager to execute a temporary Encroachment Agreement with N.C. Apartments, LLC, Harbor View Acquisition, LLC, and Village Capital Corporation, property owners of 819 D Avenue, for the existing street encroachments into portions of D Avenue, East 8th Street, East 9th Street, and the adjacent alley while the parties negotiate terms for the final resolution of property interests. Said temporary Encroachment Agreement is on file in the office of the City Clerk. --- Signature Page to Follow --- Resolution No. 2010 - Page 2 PASSED and ADOPTED this 7th day of September, 2010. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RECORDING REQUESTED BY: WHEN RECORDED MAIL TO: The City of National City 1243 National City Blvd National City, CA 91958 DEED RESTRICTION I. WHEREAS, Harbor View Acquisitions LLC, a California limited liability company, NC Apartments, LLC, a California limited liability company, and Village Capital Corporation, an Indiana corporation (hereinafter referred to as "Owners") is/are the record owners of the real property described in Exhibit A, attached hereto and incorporated herein by reference (hereinafter referred to as the "Property"); and II. WHEREAS, the City of National City a Municipal Corporation (hereinafter referred to as the "City") is a public agency ; and III. WHEREAS, pursuant to Chapter 13.12 of the National City Municipal Code ("Municipal Code"), Owners applied to the City for an Encroachment Agreement to maintain a 3" wide portion of the structure within the alley, at grade disabled access ramps and raised sidewalks within "D" Avenue, and at grade stairs with 9th Street (more particularly) described within attached Exhibit C--and-Iner-oaehnient-P-lat-Exhibit D- for -the useandbenefit of Business' property, over; under and across a portion of the City Easement on 9th Street, "D" Avenue and a portion of the public Alley [hereinafter collectively referred to as the "Encroachment"]; and 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2_6 27 28 IV. WHEREAS, City has the authority to regulate the terms and conditions for the use of its Easement for the construction, installation, and maintenance of the Encroachment pursuant to Chapter 13.12 of the Municipal Code; and V. WHEREAS, on September 7, 2010, the City conditionally approved the Encroachment Agreement as set forth in attached Exhibit "E" (hereinafter referred as the "EA"), subject to, among other conditions listed within Exhibit B and incorporated herein by reference (hereinafter referred to as the "Special Conditions"); and VI. WHEREAS, the City found that, but for the imposition of the Special Conditions, the proposed development could not be found consistent with the provisions of the Municipal Code; and VIII. WHEREAS, Owners have elected to comply with the Special Conditions; NOW, THEREFORE, in consideration of the granting of the EA to Owners by the City, the undersigned Owners, for themselves and for their/heirs, assigns, and successors -in -interest, hereby irrevocably covenant with the City that the Special Conditions (shown in Exhibit B hereto) shall at all times on and after the date on which this Deed Restriction is recorded constitute for all purposes covenants, conditions and restrictions on the use and enjoyment of the Property that are hereby attached to the deed to the Property as fully effective components thereof. 1. DURATION. This Deed Restriction shall constitute a covenant running with the land and shall remain in full force and effect and shall bind Owners and all their assigns or successors -in -interest during the period that the EA, or any modification or amendment thereof, remains in existence on or with respect to, and thereby confers benefit upon the Property. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. TAXES AND ASSESSMENTS. It is intended that this Deed Restriction shall constitute an enforceable restriction within the meaning of a) Article XIII, section 8 of the California Constitution; and b) section 402.1 of the California Revenue and Taxation Code or successor statute. Futhermore, this Deed Restriction shall be deemed to constitute a servitude upon and burden to the Property within the meaning of section 3712(d) of the California Revenue and Taxation Code, or successor statute, which survives a sale of tax -deeded property. 3. RIGHT OF ENTRY. The City or its agent may enter onto the Property at times reasonably acceptable to Owners to ascertain whether the restrictions set forth above are being observed. 4. REMEDIES. Any act, conveyance, contract, or authorization by Owners whether written or oral which uses or would cause to be used or would permit use of the Property contrary to the terms of this Deed Restrictions will be deemed a violation and a breach hereof. The City and Owners may pursue any and all available legal and/or equitable remedies to enforce the terms and conditions of this Deed Restriction. In the event of a breach, any forbearance on the part of the either party to enforce the terms and provisions hereof shall not be deemed a waiver of enforcement rights regarding any subsequent breach. 5. SEVERABILITY. If any provision of these restrictions is held to be invalid, or for any reason becomes unenforceable, no other provision shall be thereby affected or impaired. Dated: , 2010 3 NC Apartments, LLC a California limited liability company a i0 fit, (Sign gc�t�wer - RChi CIAt�.G tKEeVTtJE aIFtCER—. (Print Name & Title) 11 NOTE: NOTARY ACKNOWLEDGMENTS (FOR ALL SIGNATURES) MUST BE ATTACHED, PER CIVIL CODE SEC. 1180 ET SEQ. STATE OF INDIANA ) ) SS COUNTY OF HAMILTON ) Before me, the undersigned, day of August, 2010, personally Apartments, LLC, who executed the seal. IN WITNESS WHEREOF, I wu . PAMELA J. PARK Boone County My Commission Expires August 30, 2014 My Commission Expires: August 30, 2014 a Notary Public in and for said County and State, this 30th appeared Andrew J. Held, Managing Member of NC above and foregoing for and on behalf of said company. have hereunto subscribed my name and affixed my official Notary Public - Signature Pamela J. Park Notary Public - Printed My County of Residence Is: Boone STATE OF INDIANA ) ) SS COUNTY OF HAMILTON ) Before me, the undersigned, a Notary Public in and for said County and State, this 30`h day of August, 2010, personally appeared Jonathan T. Birge, Managing Member of NC Apartments, LLC, who executed the above and foregoing for and on behalf of said company. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal. PAMELA J. PARK �� Boone County 19 My Commission Expires August 30, 2014 My Commission Expires: August 30, 2014 Notary Public Signature Pamela J. Park Notary Public - Printed My County of Residence Is: Boone Village Capital Corporation An Indiana corporation State of Indiana County of Vanderburgh Before me the undersigned, A Notary Public for Vanderburgh County, State of Indiana, personally appeared Donald R. Neel, and acknowledged the execution of this instrument this 30th day of August, 2010. SS: Kristi R. Krack, Notary Public My commission expires: 1/30/2017 KRISTI R. KRACK Resident of Vanderburgh County, IN Commission Expires: January 30, 2017 State of Indiana County of Vanderburgh Before me the undersigned, A Notary Public for Vanderburgh County, State of Indiana, personally appeared Keith A. Knipstein, and acknowledged the execution of this instrument this 30th day of August, 2010. SS: 4,), 4; R_ Kristi R. Krack, Notary Public My commission expires: 1/30/2017 KRISTI R. KRACK Resident of Vanderburgh County, IN Commission Expires: January 30, 2017 7 NOTE: NOTARY ACKNOWLEDGMENTS (FOR ALL SIGNATURES) MUST BE ATTACHED, PER CIVIL CODE SEC. 1180 ET. SEQ. Harbor View Acquisitions LLC, a California limitedliabilitycompany Nina ) Jane J. Netherton, R ager (Print Nam BcIlde) Paula -Rose Wihongi, Member NOTE: NOTARY ACKNOWLEDGMENTS (FOR ALL SIGNATURES) MUST BE ATTACHED, PER CIVIL CODE SEC. 1180 ET. SEQ. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On August 31, 2010 before me, Date personally appeared Jane J. } Mona Steele, Notary Public Here Insert Name and Title of the Officer Netherton and Paula -Rose Wihonqi Name(s) of Signers) MONA STEELE 1 Commission 0 1B72572 :• ➢ Notary Public - California i �aGy:,� Los Angeles County It Comm. E fires Jan 1, 2014 Place Notary Seal and/or Stamp Above who proved to me on the basis of satisfactooy evidence to be the person(s) whose name(s) ' re subscribed to the within instrument and acknowledged to me that - executed the same in uthorized capacity(ies), and that by signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. SOW, Signature of Notary Public Description of Attached Document Title or Type of Document: Deed Restriction Document Date: Number of Pages: Signer(s) Other Than Named Above: J. Taggart Birge, Andrew Held, Donald R. Neel Capacity(ies) Claimed by Signer(s) Signer's Name: janei Netherton Signer's Name: Paula -Rose Wihongi ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Individual RIGHT THUMBPRINT ❑ Individual OF SIGNER ❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Attorney in Fact ❑ Trustee ❑ Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator rit_othe .Manger rfoiher; Member t Signer Is Representing: t,Harbor View Acquisition, L C Signer Is Representing: arbor View Acquisition, L RIGHT THUMBPRINT OF SIGNER Top of thumb here C ©2008 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 •Chatsworth, CA 91313-2402 • www.NationalNotary.org Item 85907 Reorder. Gall Toll -Free 1-800-876-6827 EXHIBIT A LEGAL DESCRIPTION LOT 1 OF HARBORVIEW CONDOMINIUMS, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15535, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 5, 2007. APN: 556-493-10-01 and 556-493-10-02 and 556-493-10-03 and 556-493-10-04 and 556-493-10-05 and 556-493-10-06 and 556-493-10-07 and 556-493-10-08 and 556-493- 10-09 and 556-493-10-10 and 556-493-10-11 and 556-493-10-12 and 556-493-10-13 and 556-493-10-14 and 556-493-10-15 and 556-493-10-16 and 556-493-10-17 and 556-493- 10-18 and.556-493-10-19 and 556-493-10-20 and 556-493-10-21 and 556-493-10-22 and 556-493-10-23 and 556-493-10-24 and 556-493-10-25 and 556-493-10-26 and 556-493- 10-27 and 556-493-10-28 and 556-493-10-29 and 556-493-10-30 and 556-493-10-31 and 556-493-10-32 and 556-493-10-33 and 556-493-10-34 and 556-493-10-35 and 556-493- 10-36 and 556-493-10-37 and 556-493-10-38 and 556-493-10-39 and 556-493-10-40 and 556-493-10-41 and 556-493-10-42 and 556-493-10-43 and 556-493-10-44 and 556-493- 10-45 and 556-493-10-46 and 556-493-10-47 and 556-493-10-48 and 556-493-10-49 and 556-493-10-50 and 556-493-10-51 and 556-493-10-52 and 556-493-10-53 and 556-493- 10-54 and 556-493-10-55 and 556-493-10-56 and 556-493-10-57 and 556-493-10-58 and 556-493-10-59 and 556-493-10-60 and 556-493-10-61 and 556-493-10-62 and 556-493- 10-63 and 556-493-10-64 and 556-493-10-65 and 556-493-10-66 and 556-493-10-67 and 556-493-10-68 and 556-493-10-69 and 556-493-10-70 and 556-493-10-71 and 556-Y 493- 10-72 and 556-493-10-73 and 556-493-10-74 and 556-493-10-75 and 556-493-10-76 and 556-493-10-77 and 556-493-10-78 and 556-493-10-79 and 556-493-10-80 and 556-493- 10-81 and 556-493-10-82 10 EXHIBIT B SPECIAL CONDITIONS 1. Owners agree to continue negotiations towards resolving the acquisition of the City right of way interest by way of Harborview acquiring and paying for legal ownership of the access right of way (either by purchasing the excess right of way or an easement). 2. Owners agree to pay any and all attorneys fees in amount not to exceed $50,000, should the City need to seek legal redress through the courts to remedy encroachments within its ROW. 3. Owners shall execute a Reimbursement Agreement for the undergrounding of the Power Pole on 9th Street. 4. Owners agree to indemnify City for any and all injury, claims, losses, etc related to the property, including personal/property injury and costs to City for failure to follow-through on acquisition of the excess right of way and subsequent boundary adjustment. 5. Owners shall diligently process a boundary adjustment for the areas of encroachment in an effort to record within 90 days. 6. No individual condominium units will be sold until all conditions are satisfied. EXHIBIT C HARBORVIEW ENCROACHMENT LEGAL DESCRIPTION THOSE PORTIONS OF "D" AVENUE, 8TH STREET, 9TH STREET AND ALLEY ADJACENT TO LOTS 1 THROUGH 5, INCLUSIVE, BETWEEN "D"AVENUE AND "E" AVENUE IN BLOCK 1 OF T. PARSON'S ADDITION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF 57 FILED IN THE OFFICE OF THE COUNTY' S RECORDER OF SAN DIEGO COUNTY, APRIL 26, 1881 DESCRIBED AS FOLLOWS: PARCEL "A" THE WESTERLY 0.25 FEET OF SAID ALLEY, BEING THE EASTERLY EDGE OF AN EXISTING BUILDING AS LOCATED AUGUST 10, 2010. EXCEPTING THEREFROM THE NORTHERLY 0.36 FEET. PARCEL "B" THAT PORTION OF SAID 9TH STREET DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 1 OF HARBORVIEW CONDOMINIUMS, IN SAID NATIONAL CITY, ACCORDING TO MAP THEREOF NO. 15535, FILED IN SAID COUNTY RECORDER'S OFFICE, APRIL 5, 2007; THENCE, ALONG THE SOUTHERLY LINE OF SAID LOT 1 OF MAP 15535, ALSO BEING THE NORTHERLY RIGHT-OF-WAY LINE OF SAID 9TH STREET, N 72° 05'38" E, 33.40 FEET TO THE EDGE OF SAID EXISTING BUILDING, ALSO BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, 84.14 FEET TO THE SOUTHEAST CORNER OF SAID LOT 1.OF MAP 15535; THENCE CONTINUING ALONG THE EASTERLY EXTENSION OF SAID 9TH STREET NORTHERLY LINE, 0.25 FEET TO THE EDGE OF SAID EXISTING BUILDING; THENCE, S 17' 45'58"E, 0.15 FEET TO THE SOUTHEAST CORNER OF SAID EXISTING BUILDING; THENCE ALONG THE SOUTHERLY EDGE OF SAID EXISTING BUILDING AND/OR THE EDGE OF EXISTING CONCRETE STEP AND/OR EXISTING WINDOW FRAMES THE FOLOWING COURSES: S 72° 11'35" W 9.25 FEET; THENCE S 17' 48'25" E, 0.17 FEET; THENCE, S 72' 11'35" W 7.00 FEET; THENCE N 17° 48'25" W, 0.17 FEET; THENCE, S 72° 11'35" W 4.16 FEET; THENCE S 17' 48'25"E,1.33 FEET; THENCE, S 72° 11'35" W 3.67 FEET; THENCE N 17° 48'25" W, 1.33 FEET; THENCE, S 72 11'35" W 23.60 FEET; THENCE S 17° 48'25"E, 0.17 FEET; THENCE, S 72° 11'35" W 7.00 FEET; THENCE N 17° 48'25" W, 0.17 FEET; THENCE, S 72° 11'35" W 25.18 FEET TO THE TRUE POINT OF BEGINNING. PARCEL "C" THAT PORTION OF SAID "D" AVENUE DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 1 OF MAP 15535, THENCE; ,LON(,THE WESTERLY LINE O1 SAID- T-I OF MAP B5-35, ALSO BEING THE EASTERLY RIGHT=OI WAY LINE -OF -SAID "D" AVENUE,-N 45'45" W, 51.45 FEET TO THE EDGE OF EXISTING RAMP STRUCTURE, ALSO BEING THE TRUE POINT OF BEGINNING; THENCE, ALONG THE EDGE OF EXISTING RAMP STRUCTURE AND/OR STEPS, AND/OR HANDRAILS, THE FOLLOWING COURSES: S 72 14' 15" W, 5.67 FEET; THENCE, N 17° 45'45" W, 7.33 FEET; THENCE, N 23' 20'02" W, 20.60 FEET; THENCE, N 72° 14' 15" E, 4.75 FEET; THENCE, N 17° 45'45" W, 0.50 FEET; THENCE, S 72° 14' 15" W, 1.33 FEET; THENCE, N 17° 45'45" W, 4.00 FEET; THENCE, S 72° 14'15" W, 1.33 FEET; THENCE, N 17° 45'45" W, 0.50 F1.ET; THENCE, N 72° 14'15" E, 2.92 FEET TO SAID EASTERLY RIGHT-OF-WAY LINE OF "D" AVENUE; THENCE, ALONG SAID EASTERLY LINE, S 17° 45'45" E, 32.83 FEET TO THE TRUE POINT OF BEGINNING. PARCEL "D" THAT PORTION OF SAID "D" AVENUE DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 1 OF MAP 15535, THENCE, ALONG THE WESTERLY LINE OF SAID LOT 1 OF MAP 1.5535, ALSO BEING THE EASTERLY RIGHT-OF-WAY LINE OF SAID "D" AVENUE, N 17° 45'45" W, 203.21 FEET TO THE EDGE OF EXISTING RAMP STRUCTURE, ALSO BEING THE TRUE POINT OF BEGINNING; THENCE, ALONG THE EDGE OF EXISTING RAMP STRUCTURE AND/OR STEPS, AND/OR HANDRAILS, THE FOLLOWING COURSES: S 72° 14'15" W, 6.87 FEET; THENCE S 17° 45'45" E, 2.50 FEET; THENCE, S 72' 14' 15" W, 1.00 FEET; THENCE, N 17° 45'45" W, 41.36 FEET; THENCE, N 72° 14'15" E, 7.87 FEET TO SAID EASTERLY RIGHT-OF-WAY LINE OF "D" AVENUE; THENCE, ALONG SAID EASTERLY LINE, S 17° 45'45" E, 38.86 FEET TO THE TRUE POINT OF BEGINNING. PARCEL "E" THAT PORTION OF SAID 8TH STREET DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 1 OF HARBORVIEW CONDOMINIUMS, IN SAID NATIONAL CITY, ACCORDING TO MAP THEREOF NO. 15535, FILED IN SAID COUNTY RECORDER'S OFFICE, APRIL 5, 2007; THENCE, ALONG THE NORTHERLY LINE OF SAID LOT 1 OF MAP 15535, ALSO BEING THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID 8TH STREET, N 72° 01'42" E, 0.33 FEET TO THE EDGE OF SAID EXISTING BUILDING, ALSO BEING TO THE TRUE POINT OF BEGINNING; THENCE, ALONG THE EDGE OF SAID EXISTING BUILDING, N 17° 45'45" W, 0.05 FEET TO THE NORHTWEST CORNER OF SAID EXISTING BUILDING; THENCE, ALONG THE EDGE OF EXISTING BUILDING, N 72' 13'49" E, 15.42 FEET TO A POINT IS SAID SOUTHERLY RIGHT-OF-WAY LINE OF 8TH STREET; THENCE, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, S 72° 01'42" W, 15.42 FEET TO THE TRUE POINT OF BEGINNING. EXHIBIT D b Pat VOH S IYOIIOLL.ILHAOH, LL. LLL LW IIWtli ,.YL. AIL M tL ILWV !i be W41U u, NM m Am ENCROACHMENT PLAT 8 t h STREET ',VOW" sLiment JIB GCoos Yr 0FIFlµ b YJ mew r II7S 72116S 1 OR, 9 t M OrfNLi 4Lr POI PINGS PAO ! yl OROL GROUND LEVEL PLAN S T . =In , ar > su3R,s LIZIM - IG IIOR NOON SOLENT ..Coos FOAL, .ao,wrm MOW 11.LOR i ,Ixc Yalssv MING OAS FlvgWter xCCYSa[ ON. EMILOODOONT .MS - _ _ wwxu ca ASSSSOL tw PRCPMr➢ Rif 3 YAGAIRIJ$flrn,n. ixrsi n r . wiawnit.**F Y[A .fl Y . AMOS 0.0.06000 MFA 1. sr - 4lfl [1(9ODODO OOP 31 $ . IOTA sour v3GFM .IRO b SI . NO M OF TOM.male Y.K. SOW FCOI[4LOY M SI. n v . Toro SOW moon.; Ott LOY a GRIPNICS SCAB i0 $n Jam• S IKLR olOIL POO Y/w/IU • • • rill C1ATO-A LI Kt STUKD/71UE 10' ROOF AAIND/DR BALCONY %ANO%R. FACADE PROTRUSION (TYP) 9 t h S. T . SCALE I. • 10' 10' L ! '1 t GRAPHIC SCALE 10 0 5 10 20 Pape EXHIBIT D S t h STREET i r ----- JII'� SEE DETNL e N n-91h0•: c I0,5S JF ANO OR ^BALCONY ANDS FACADE PROTRUSION Ir. STUNO/11LE-7 ..+•s�n.nr m M 4Tc. -1 L N E SEE DETAIL 1 ■I lIAUIll1/lilhllllll illl/lIIHOUI, 1 B' a MAP BOUNDARY 1e" ROOF AND/OR BALCONY AND/OR FACADE PROTRUSION (TYP) BUILDING PERIMETER EXISTING CENTERLINE EXISTING CURB ENCROACHMENT ACCESSIBLE RAMP ENCROACHMENT AREA HANDRAIL FOR ACCESSIBLE RAMP VIt121117lilt ( NG$ALE) Page 1 EX— —I: 1 A II1D11 L' PLEASE COMPLETE THIS INFORMATION CORDING REQUESTED BY: ional City Engineering Department AND WHEN RECORDED MAIL, TO: THE CITY OF NATIONAL CITY 1243 National City Blvd National City, CA 91950 (THIS SPACE FOR RECORDERS USE ONLY) Ground Encroachment Agreement ("EA") ENCROACHMENT AGREEMENT This Encroachment Agreement [Agreement] is entered into this 7th day of September, 2010, by the City of National City, a municipal corporation, [City] and Harbor View Acquisitions LLC, a California limited liability company, NC Apartments, LLC, a California limited liability company, and Village Capital Corporation, an Indiana corporation [collectively, the Business]. RECITALS A. City holds an easement for a public right-of-way, in this instance a sidewalk and alley, adjacent to the Business property located at 819 "D" Avenue, referred to herein as the "Easement"; and, B. Business seeks to maintain a 3" wide portion of the structure within the alley, at grade disabled access ramps and raised sidewalks within "D" Avenue, and at grade stairs with 9th Street (more particularly described within attached Exhibit B and Encroachment Plat Exhibit C) for the use and benefit of Business' property, over, under and across a portion of the City Easement on 9t Street, "D" Ave and a portion of the public Alley [hereafter collectively referred to as the "Encroachment"]. C. City has the authority to regulate the terms and conditions for the use of its Easement for the construction, installation, and maintenance of the Encroachment pursuant to Chapter 13.12 of the National City Municipal Code. NOW, THEREFORE, City hereby grants to Business the right to encroach onto the City's Easement, subject to the following terms, covenants and conditions to which City and the Business agree: 1. Description of Encroachment. Business owns that certain real property commonly known as 819 D Avenue and more particularly described in Exhibit A. Business seeks to install, construct, and maintain the Encroachment within the Easement or other public property of the City of National City, County of San Diego, State of California. The location and description of the Encroachment is described in Exhibit B and depicted in the Encroachment Plat Exhibit C attached and incorporated herein. 2. Removal and Relocation. Upon notification in writing by City's City Engineer, the above described Encroachment shall be abandoned, .., noved or relocated by Business at Business' sole expense. When removal or relocation are required, Business shall Harborview Commercial Encroachment Agreement Page I of 4 return the Easement on which the Encroachment was located to a safe and satisfactory condition in accordance with tlw construction related conditions and specifications as established by the City according to its standard practice. Should Business fail to remove or relocate the Encroachment within ninety (90) days after notice of removal or relocation from the City, City may cause such removal or relocation to be done at Business' sole cost and expense, or may at its option pursue all of its available legal remedies for compensation for the Encroachments. 3. Maintenance. Business shall maintain the Encroachment and the Easement over which the Encroachment is located in a neat, clean, safe and sanitary condition at all times at the sole cost, risk and responsibility of Business. 4. Recording. This Agreement, together with a Deed Restriction evidencing this Agreement, shall be recorded with the Office of the County Recorder, County of San Diego. Business shall pay the recording fee. This Agreement shall not be effective until it has been recorded and a conformed copy has been delivered to the City Clerk. 5. Successors in interest. This Agreement shall be binding on the assigns and successors of Business. 6. Indemnification and Hold Harmless. Business shall indemnify, pay in full, defend, and hold harmless City, and its officers, agents and employees from all liability, damages, loss, costs, claims, demands, suits, and defense costs, including attorneys' fees, arising directly or indirectly, in whole or in part, out of the activities of Business described in this Agreement, except to tl extent arising from the City's sole intentional or negligent acts. The Business shall agree to at all times indemnify and save the City free and harmless from and pay in full, any and all claims, demands, losses, damages or expenses that the City may sustain or incur in any manner resulting from any actions taken by Business which result in damage to the City ROW, including any loss, damage or expense arising out of (1) loss of or damage to property, and (2) injury to or death of persons; excepting any loss, damage or expense and claims for a loss, injury or death of persons, damage or expense resulting in any resulting in any manner from the City's sole intentional and/or negligent act or acts of the City, its contractors, officers, agents or employees. 7. Insurance Business and each successor in interest or assign shall take out and maintain, during the time the Encroachment remains on City's Easement, commercial general liability insurance with minimum limits of Two Million Dollars ($2,000,000.00) combined single limit per occurrence, covering all bodily injury and property damage arising out of this Agreement. This policy shall name City and its officers, agents, and employees as additional insured, and shall constitute primary insurance as to City and its officers, agents and employees, so that any other policies held by City shall not contribute to any loss under said insurance. Said policy shall provide for thirty (30) days prior written notice to City of cancellattorr or material -change Prior to commencement oftlu`s : greement, Business shall furnish City a certificate oT insurance with original endorsements evidencing the coverage required by this clause. Should Business fail to do so, City may elect to obtain such coverage at Business's expense or immediately terminate this agreement. 8. City Easement Obligations. Whatever rights and obligations were imposed upon the City with respect to the Easement, if any, and the Harborview Commercial Encroachment Agreement Pace 7 of 4 City's obligation to repair, maintain and replace the Easement, beyond and adjacent to the Encroachment, as needed, [all in no way be affected by the City's grant of permission and shall remain and continue in full force and effect and _tall in no way be affected by this EA. 9. Chapter 13.12 of the National City Municipal Code Business specifically acknowledges and agrees to the terms and conditions applicable to encroachments set forth in Chapter 13.12 of the National City Municipal Code and incorporated herein. 10. Acceptance Required. This Agreement is not valid and confers no rights to install and maintain the Encroachment until it is accepted by the Business. 11. Business License Requirement. Business shall obtain a business license from City prior to the execution of this Agreement by City. 12. City's Rights and Temporary Nature of Encroachment. Business agrees that City's rights to the Easement are paramount to this Agreement. Business shall in no way interfere with City's right to use, access, or possess the Easement. This Agreement is temporarily granted while the City is processing a negotiated sale of either an easement or fee title to the above referenced area of encroachments which are within the City's right of way. To the extent that a final negotiated purchase and sale agreement and close of escrow is not accomplished the City may terminate this encroachment agreement and pursue all of its available legal remedies with regard to the various encroachments. Once "e sale is complete and either an easement and/or boundary line adjustment is recorded, this encroachment agreement all terminate and be of no further force and effect. 13. Alterations and Improvements. Business shall make no further improvements or alterations affecting the Easement. In no event shall any improvements or alterations be made or approved that interfere, in any way, with the City's use of the Easement. 14. Damage to Easement. Business shall be responsible for any damage to City's Easement due to the construction, installation or maintenance of the Encroachment, and Business shall repair, replace and restore in kind the damaged Easement in accordance with City standards at Business's sole expense. 15. Termination. This Agreement is terminable at will by the City and by Business. Business shall vacate the Easement at any time upon receipt of a written notice of termination from the City. Additionally, a notice of such termination, recordable in form, may be recorded in the Office of the County Recorder, County of San Diego. 16. Notices. Any notice provided by this Agreement or required by law to be given or served upon City or Business, may be given or served by depositing -The same in the United-Stafes Mail, postage prepaid, addressed as follows: Page 3 of 4 (II) Harborview Commercial Encroachment Agreement To City: City Engineer City of National City 1243 National City Boulevard National City, CA 91950 To Business: Andrew J. Held Pedcor Commercial Development LLC 770 3rd Avenue SW Carmel, Indiana 46032 (317) 250-3123 24 hour contact number 17. Entire Agreement. This Agreement contains the entire agreement between the parties and no term or provision may be changed, waived, discharged or terminated unless made in writing and executed by both parties. IN WITNESS THEREOF, the parties have caused this Agreement to be executed in duplicate on the date and year first written herein. Date: CITY OF NATIONAL CITY Attest: Michael Dalla, City Clerk Agreed as to form: Claudia G. Silva, City Attorney The Business Signatures follow on the next 3 pages Chris Zapata, City Manager SEE ATTACHED -EXHIBITS A, B,C PaaP4of4 Harhorview Commercial Encroachment Agreement Harbor View Acquisitions LLC, a California limited liability company 8/23/10 (s) Jane J. Netherton, M.ger (Hint Nanw &Title) Paula -Rose Wihohgi, Member NOTE: NOTARY ACKNOWLEDGMENTS (FOR ALL SIGNATURES) MUST BE ATTACHED, PER CIVIL CODE SEC. 1180 ET. SEQ. a CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles } On August 23, 2010 before me, Mona Steele.. Notary Public Date Here Insert Name anti we of the Officer personally appeared Jane J. Netherton and Paula -Rose Wi • gi Name(s) of Slgnerts) MONA STEELE Commission 0 1872572 Notary Public - Calitornta Los Angeles County My s Comm. Expires Jan t, 2014i -•- Place Notary Seal and/or Stamp Above CMOS who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) subscribed to the within instrument and acknowledged to me that hef the executed the same in hie#reauthorized capacity(ies), and that by hisfhet�ri signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: 'j OPTIONAL AI& Signature of Notary Public Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Encroachment Agreement ("EA") Document Date: Number of Pages: 5 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Jane J. Netherton ❑ Corporate Officer — Title(s): O Individual O Partner —❑ Limited 0 General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator Ka Other: Manager Signer Is Representing. Harbor Vjew Acquisition. LLC al Notary RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: Paula -Rose Wihongi ❑ Corporate Officer — Title(s): ❑ Individual ❑ Partner — ❑ Limited ❑ General 0 Attomey in Fact ❑ Trustee ❑ Guardian or Conservator p Other. Mrigb?r Signer Is Representing: LLC RIGHT THUMBPRINT OF SIGNER Top of thumb here ton. 93S0 De Solo Ave., P.O. Box 240a. 0hatawortt, CA 913112402 ovarov.NationalNotary.org tam R6907 Raorder: Call Toe -Free 1•60a97&fi827 NC Apartments, LLC a California limited liability company 3ito (srgnaIur) (Print Name & Title) 7A NOTE• NOTARY ACKNOWLEDGMENTS (FORALLSIGN4TURES) MUST'BEATTACHED, PER CIVIL CODE SEr. 1180EC SEQ. STATE OF INDIANA ) ) SS COUNTY OF HAMILTON ) Before me, the undersigned, day of August, 2010, personally Apartments, LLC, who executed the seal. IN WITNESS WHEREOF, I PAMELAJ.PARK Boone County My Commission Expires August 30, 2014 My Commission Expires: August 30, 2014 a Notary Public in and for said County and State, this 23n1 appeared Andrew J. Held, Managing Member of NC above and foregoing for and on behalf of said company. have hereunto subscribed my name and affixed my official Notary Public -E ignature Pamela J. Park Notary Public - Printed My County of Residence Is: Boone STATE OF INDIANA ) ) SS COUNTY OF HAMILTON ) Before me, the undersigned, .a Notary Public in and for said County and State, this 23`1 day of August, 2010, personally appeared Tag Birge, Managing Member of NC Apartments, LLC, who executed the above and foregoing for and on behalf of said company. seal. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official I �i? PAMELAJ.PARK Boone County My Commiselon Expires !!e� August3D, 2014 a - •W My Commission Expires: August 30, 2014 i Notary Public - Signature Pamela J. Park Notary Public - Printed My County of Residence Is: Boone �5 Village Capital Corporation An Indiana corporation 19Y14(a) 4e. i - , Percio t~.-f GE9 ,[4(t_ure) (Sigoatore)/ State of'Indiana SS: County of Vanderburgh Before me the undersigned, A Notary Public for Vanderburgh County, State of Indiana, personally appeared Donald R. Neel, and acknowledged the execution of this instrument this 20a' day of August, 2010. X 1S.tiritii . Tfiynfik.. Kristi R. Krack, Notary Public My commission expires: 1/30/2017 State of Indiana SS: KRIST1 R. KI3ACK Resident of Vanderburgh County, IN Commission Expires: January 30, 2017 County of Vanderburgh Before me the undersigned, A Notary Public for Vanderburgh County, State of Indiana, personally appeared Keith A. Knipstein, and acknowledged the execution of this instrument this 20th day of August, 2010. x 9i, ecY� Kristi R. Krack, Notary Public My commission expires: 1/30/2017 KRISTI R. KRACK Resident of Vanderbutgh County, IN Commission Expires: January 30, 2017 NOTE: NOTARY ACKNOWLEDGMENTS (FOR ALL SIGNATURES) MUST BE ATTACHED, PER CIVIL CODE SEC. 1180 ET SEO. EXIHIBIT A LEGAL DESCRIPTION LOT 1 OF HARBORVIEW CONDOMINIUMS, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 15535, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL 5, 2007. APN: 556-493-10-01 and 556-493-10-02 and 556-493-10-03 and 556-493-10-04 and 556-493-10-05 and 556-493-10-06 and 556-493-10-07 and 556-493-10-08 and 556-493- 10-09 and 556-493-10-10 and 556-493-10-11 and 556-493-10-12 and 556-493-10-13 and 556-493-10-14 and 556-493-10-15 and 556-493-10-16 and 556-493-10-17 and 556-493- 10-18 and 556-493-10-19 and 556-493-10-20 and 556-493-10-21 and 556-493-10-22 and 556-493-10-23 and 556-493-10-24 and 556-493-10-25 and 556-493.10-26 and 556-493- 10-27 and 556-493-10-28 and 556-493-10-29 and 556-493-10-30 and 556-493-10-31 and 556-493-10-32 and 556-49.3-10-33 and 556-493-10-34 and 556-493-10-35 and 556-493- 10-36 and 556-493-10-37 and 556-493-10-38 and 556-493-10-39 and 556-493-10-40 and 556-493-10-41 and 556-493-10-42 and 556-493-10-43 and 556-493-10-44 and 556-493- 10-45 and 556.493-10-46 and 556-493-10-47 and 556-493-10-48 and 556-493-10-49 and 556-493-10-50 and 556-493-10-51 and 556-493-10-52 and 556-493-10-53 and 556-493- 10-54 and 556-493-10-55 and 556-493-10-56 and 556-493-10-57 and 556-493-10-58 and 556-493-10-59 and 556-493-10-60 and 556-493-10-61 and 556-493-10-62 and 556-493- 10-63 and 556-493-10-64 and 556-493-10-65 and 556-493-10-66 and 556-493-10-67 and 556-493-10-68 and 556-493-10-69 and.556-493-10-70 and 556-493-10-71 and 556-493- 10-72 and 556-493-10-73 and 556-493-10-74 and 556-493-10-75 and 556-493-10-76 and 556-493-10-77 and 556-493-10-78 and 556-493-10-79 and 556-493-10-80 and 556-493- 10-81 and 556-493-10-82 EXHIBIT B HARBORVIEW ENCROACHMENT LEGAL DESCRIPTION THOSE PORTIONS OF "D" AVENUE, 8TH STREET, 9TH STREET AND ALLEY ADJACENT TO LOTS 1 THROUGH 5, INCLUSIVE, BETWEEN "D"AVENUE AND "E" AVENUE IN BLOCK 1 OF T. PARSON'S ADDITION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF 57 FILED IN THE OFFICE OF THE COUNTY'S RECORDER OF SAN DIEGO COUNTY, APRIL 26, 1881 DESCRIBED AS FOLLOWS: PARCEL"A" THE WESTERLY 0.25 FEET OF SAID ALLEY, BEING THE EAS 1ERLY EDGE OF AN EXISTING BUILDING AS LOCATED AUGUST 10, 2010. EXCEPTING THEREFROM THE NORTHERLY 0.36 FF.FT. PARCEL `B" THAT PORTION OF SAID 9TH STREET DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 1 OF HARBORVIEW CONDOMINIUMS, IN SAID NATIONAL CITY, ACCORDING TO MAP THEREOF NO. 15535, FILED IN SAID COUNTY RECORDER'S OFFICE, APRIL 5, 2007; THENCE, ALONG THE SOUTHERLY LINE OF SAID LOT 1 OF MAP 15535, ALSO BEING THE NORTHERLY RIGHT-OF-WAY LINE OF SAID 9TH STREET, N 72° 05'38" E, 33.40 FEET TO THE EDGE OF SAID EXISTING BUILDING, ALSO BEING THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY LINE, 84.14 FEET TO THE SOUTHEAST CORNER OF SAID LOT 1 OF MAP 15535; THENCE CONTINUING ALONG THE EASTERLY EXTENSION OF SAID 9TH STREET NORTHERLY LINE, 0.25 FEET TO THE EDGE OF SAID EXISTING BUILDING; THENCE, S 17° 45'58"E, 0.15 FEET TO THE SOUTHEAST CORNER OF SAID EXISTING BUILDING; THENCE ALONG THE SOUTHERLY EDGE OF SAID EXISTING BUILDING AND/OR THE EDGE OF EXISTING CONCRETE STEP AND/OR EXISTING WINDOW FRAMES THE FOLOWING COURSES: S 72° 11'35" W 9.25 FEET; THENCE S 17° 48'25" E, 0.17 FEET; THENCE, S 72' 11'35" W 7.00 FEET; THENCE N 17 48'25" W, 0.17 FEET; THENCE, S 72° 11'35" W 4.16 FEET; THENCE S 17° 48'25"E, 1.33 FEET; THENCE, S 72° 11'35"W 3.67 FEET; THENCE N 17° 48'25" W, 1.33 FEET; THENCE, S 72 11'35" W 23.60 FEET; THENCE S 17° 48'25"E, 0.17 FEET; THENCE, S 72° 11'35" W 7.00 FEET; THENCE N 17 ° 48'25" W, 0.17 FEET; THENCE, S 72° 11'35" W 25.18 FEET TO THE TRUE POINT OF BEGINNING. PARCEL "C" THAT PORTION OF SAID "D" AVENUE DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 1 OF MAP 15535, THENCE,.ALONG THE WESTERLY LINE OF SAID LOT 1 OF MAP 15535, ALSO -BEING THE EAS-TERLY IGHT-OF-WAY_LINE OF SATT'I "1)' AVENUE, N 17 45'45" W, 51.45 FEET TO THE EDGE OF EXISTING RAMP STRUCTURE, ALSO BEING THE TRUE POINT OF BEGINNING. THENCE, ALONG THE EDGE OF EXISTING RAMP STRUCTURE AND/OR STEPS, AND/OR HANDRAILS, THE FOLLOWING COURSES: S 72 14'15" W, 5.67 FEET; THENCE, N 17° 45'45" W, 7.33 FEET; THENCE, N 23 20'02" W, 20.60 FEET; THENCE, N 72° 14' 15" E, 4.75 FEET; THENCE, N 17° 45'45" W, 0.50 FEET; THENCE, S 72° 14'15" W, 1.33 FEET; THENCE, N 17° 45'45" W, 4.00 FEET; THENCE, S 72° 14'15" W, 1.33 FEET; THENCE, N 17° 45'45" W, 0.50 FEET; THENCE, N 72° 14'15" E, 2.92 FEET TO SAID EAS'1'hRLY RIGHT-OF-WAY LINE OF "D" AVENUE; THENCE, ALONG SAID EAS IERLY LINE, S 17° 45'45" E, 32.83 FEET TO THE TRUE POINT OF BEGINNING. PARCEL "D" THAT PORTION OF SAID `D" AVENUE DESCRIBED AS FOLLOWS: BEGINNING AT TIIF SOUTHWEST CORNER OF SAID LOT 1 OF MAP 15535, THENCE, ALONG THE WESTERLY LINE OF SAID LOT 1 OF MAP 15535, ALSO BEING THE EASTERLY RIGHT-OF-WAY LINE OF SAID "D AVENUE, N 17° 45'45" W, 203.21 FEET TO THE EDGE OF EXISTING RAMP STRUCTURE, ALSO BEING THE TRUE POINT OF BEGINNING; THENCE; ALONG THE EDGE OF EXISTING RAMP STRUCTURE .AND/OR STEPS, AND/OR HANDRAILS, THE FOLLOWING COURSES: S 72 14' 15" W, 6.87 FEET; THENCE S 17° 45'45" E, 2.50 FEET; THENCE, S 72° 14'15" W, 1.00 FEET; THENCE, N 17° 45'45" W, 41.36 FEET; THENCE, N 72° 14'15" E, 7.87 FEET TO SAID EAS 1'hRLY RIGHT-OF-WAY LINE OF "D" AVENUE; THENCE, ALONG SAID EASTERLY LINE, S 17° 45'45" E, 38.86 FLET TO THE TRUE POINT OF BEGINNING. PARCEL "E" THAT PORTION OF SAID 8T11 STREET DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 1 OF HARBORVIEW CONDOMINIUMS, IN SAID NATIONAL CITY, ACCORDING TO MAP THEREOF NO. 15535, FILED IN SAID COUNTY RECORDER'S OFFICE, APRIL 5, 2007; THENCE, ALONG THE NORTHERLY LINE OF SAID LOT 1 OF MAP 15535, ALSO BEING THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID 8T11 STREET, N 72° 01'42" E, 0.33 FEET TO THE EDGE OF SAID EXISTING BUILDING, ALSO BEING TO THE TRUE POINT OF BEGINNING; THENCE, ALONG THE EDGE OF SAID EXISTING BUILDING, N 17° 45'45" W, 0.05 FEET TO THE NORHTWEST CORNER OF SAID EXISTING BUILDING- THENCE, ALONG THE EDGE OF EXISTING BUILDING, N 72 13'49" E, 15.42 FEET TO A POINT IS SAID SOUTHERLY RIGHT-OF-WAY LINE OF 8TH STREET; THENCE, ALONG SAID SOUTHERLY RIGHT-OF-WAY LINE, S 72° 01'42" W, 15.42-FEET TO THE TRUE POINT OF BEGINNING. al 8 t h STREET • 1 SEE DETAIL 40' MATc1-. L NE N 7159'19. L 117.W BALCONY ANDL FACADE PROTRUSION I% STUNG/TILE .\ EY T>-4l'1l; s ,s:-=L-44, W-i SEE DETAIL- I SEE DETAIL NOT SCALE -I MAP BOUNDARY, ID' ROOF AND/OR BALCONY AND/OR FACADE PROTRUSION (TYR) - BUILDING PERIMETER EXISTING CENTERLINE EXISTING CURB ENCROACHMENT ACCESSIBLE RAMP ENCROACHMENT AREA HANDRAIL FOR ACCESSIBLE RAMP lHISE/hIAl illllllllallllll/N, a fll171h'7- air ( NO SCALE) • • • 20 • 'I III m. h14-r-c- LiNe Pacie i 1..../OOF'.... 4 31VR0/11LE ROOF' ROOF AND/OR BALCONY %AND/OR'FACADE PROTRUSION (TYP) r 9 t h EXHIBIT C is 4 IS I IE I I e, Im S. T . SCALE 1' • 10' rc • J GRAPHIC SCALE 10 0 5 10 20 Page 2 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 7, 2010 AGENDA ITEM NO. 9 EM TITLE: Resolution of the City Council of the City of National City to approve a Reimbursement Agreement with N.C. Apartments, L.L.C., Harbor View Acquisition, L.L.C. and Village Capital Corporation, for the utility under - grounding required by Resolution 2006-266, for the Harbor View Condo Project located at 819 D Avenue. PREPARED BY: Barby Tipton DEPARTMENT: Development Services -Engine ring Divi s "di PHONE: 4583 APPROVED BY: IF EXPLANATION: As a condition of approval to construct the Harbor View Condo Project, all utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, were required to be placed underground per in Resolution Number 2006-266. The developer requested that as part of the City's 8th Street 20A utility conversion project, that the City, include the section(s) to be placed under ground in this project. The developer agrees to compensate the City for all costs and as such has entered into a Reimbursement Agreement for which we are seeking council approval. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Reimbursement Agreement 2. Memorandum from City Attorney's Office 3. Resolution Mayor Ron Morrison Council Members Alejandra Sotelo-Solis Jess Van Deventer Rosalie Zarate TO: FROM: SUBJECT: CALIFORNIA NATIONAL ci_ INCORPORATED Office of the City Attorney Mayor and City Council Legal Counsel Reimbursement Agreement City Attorney Claudia Gacitua Silva Legal Counsel George H. Eiser, III Senior Assistant City Attorney Jodi L. Doucette DATE: September 1, 2010 This item pertains to a proposed Reimbursement Agreement between the City and N.C. Apattnients, LLC; Harbor View Acquisition, LLC; and Village Capital Corporation (collectively, the "Developer"), the owners of the Harbor View condominium project located at 819 D Avenue. As part of the project approval, the City required the undergrounding of utilities by the Developer, including those within the boundaries of the subdivision, and within the half street abutting the subdivision. Two of the three utility poles that must be converted to underground facilities will be converted as part of the City's 8th Street 20A Utility Conversion (undergrounding) Project. The Developer has requested that the third pole that must be converted, and which is not currently included in the City project, be added to the project. The cost of adding the additional pole is estimated to be $275,000. City staff is supportive of the Developer's request. The proposed Reimbursement Agreement provides that the Developer would reimburse the City for the cost of the additional work, which, including the City's administrative costs, is currently estimated at $283,250. The City Attorney's Office has included Section 5 in the Reimbursement Agreement. Briefly stated, Section 5 provides: • Whether to proceed with the 8th Street Underground Project remains in the City Council discretion. • If the Council determines at some point not to proceed with the project, the obligation to underground the utilities remains with the Developer. • In the event the project does not proceed within three years of the date of the Agreement, the City shall refund all monies deposited by the Developer upon the Developer obtaining all permits to underground the utilities, and upon the Developer posting a performance bond. The Developer objects to the inclusion of Section 5, and has asked that it be deleted. It is recommended that the Reimbursement Agreement be approved, but in order to protect the City's interest, only if Section 5 remains part of the Agreement. GEORGE H. .ISER, III Legal Counsel GHE/gmo 1243 National City Boulevard; National City, California 91950-4301 Tel.: (619) 336.4220 Fax: (619) 336.4327 RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A REIMBURSEMENT AGREEMENT WITH N.C. APARTMENTS, LLC, HARBOR VIEW ACQUISITION, LLC, AND VILLAGE CAPITAL CORPORATION FOR THE UTILITY UNDERGROUNDING, AS REQUIRED BY RESOLUTION NO. 2006-266, FOR THE HARBOR VIEW CONDOMINIUM PROJECT LOCATED AT 819 D AVENUE WHEREAS, as a condition of approval to construct the Harbor View Condominium Project (Project) located at 819 D Avenue, all utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, are required to be placed underground, pursuant to Resolution No. 2006-266; and WHEREAS, the developers of the Project (N.C. Apartments, LLC; Harbor View Acquisition, LLC; and Village Capital Corporation) have requested that the sections to be placed underground in this Project be included as part of the City's 8th Street 20A Utility Conversion Project, and in return, the Developers agree to enter into a Reimbursement Agreement to compensate the City for all costs. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Reimbursement Agreement with N.C. Apartments, LLC, Harbor View Acquisition, LLC, and Village Capital Corporation for the utility undergrounding, as required by Resolution No. 2006-266, for the Harbor View Condominium Project located at 819 D Avenue. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 7th day of September, 2010. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney REIMBURSEMENT AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND HARBOR VIEW ACQUISITIONS LLC, NC APARTMENTS, LLC, AND VILLAGE CAPITAL CORPORATION FOR THE UNDERGROUNDING OF UTILITIES (AKA HABOR VIEW CONDO PROJECT) This Reimbursement Agreement [Agreement] is entered into this 7th day of September, 2010, by the City of National City, a municipal corporation, [City] and Harbor View Acquisitions LLC, a California limited liability company, NC Apartments, LLC, a California limited liability company, and Village Capital Corporation, an Indiana corporation [collectively, the Owner]. RECITALS WHEREAS, on December 19, 2006 the project commonly referred to as the Harbor View project, received the following discretionary approvals: Tentative Subdivision Map S-2006-16; WHEREAS, the mixed use project commonly referred to as the Harbor View Project, located at 819 D Avenue, has an obligation, pursuant to conditions of approval contained in City Council Resolution number 2006-266 , to underground the utilities (hereafter referred to as "Harbor View Undergrounding Project"). More specifically: "All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground," per Resolution number 2006-266, attached as Exhibit "A"; WHEREAS, the utilities subject to the undergrounding requirement described above are described more particularly in Exhibit "B", attached; WHEREAS, the depiction of where the utilities described in Exhibit "B" are to be placed underground is shown more specifically on Exhibit "C", attached; WHEREAS, the City of National City anticipates conducting a larger undergrounding project in the area of the Harbor View Undergrounding Project ("City Project") in the near future, commonly referred to as the 8th Street Undergrounding Project; WHEREAS, 2 of the 3 power poles ("the 81h Street Poles") previously required of owner will be undergrounded by the City Project. The 3rd power pole #P208226 (the "9th Street Pole") is required to be underground and/or paid for by Owner. WHEREAS, the parties seek to coordinate and combine the undergrounding efforts and construction timing; Harbor View Undergrounding Project Reimbursement Agreement 1 Page 1 of 9 WHEREAS, Owner seeks to satisfy its condition of approval by having the Harbor View Undergrounding Project occur when the City's larger 8th Street Undergrounding Project proceeds; WHEREAS, the undergrounding of the utilities for the Harbor View Undergrounding Project at the time of the 8th Street Undergrounding Project would promote uniform street improvements and the policies of the City's General Plan, and would allow the undergrounding to be constructed more economically; WHEREAS, the estimated cost for undergrounding the 9th Street Pole is $275,000, not including administrative expenses; and WHEREAS, in order to ensure the Owner's obligation to underground the utilities is completed, the Owner is willing to deposit with the City the estimated cost of the undergrounding of the 9th Street Pole plus a three -percent administrative overhead fee and have the Harbor View Undergrounding Project undertaken when the 8th Street Undergrounding Project occurs. NOW, THEREFORE, the parties agree as follows: 1. Construction of Improvements. City shall undertake the Harbor View Undergrounding project in accordance with Exhibit B as part of its 8th Street Undergrounding Project. To the extent any reconstruction of OWNER's property is required, that cost shall be part of the Harbor View Undergrounding Project. OWNER hereby grants permission to the City or its authorized agent or contractor to enter along OWNER's property where necessary for purposes of constructing the Harbor View Undergrounding Project and the undergrounding of the 9th Street Pole. 2. Dedication. In consideration of the City's agreement to construct the Harbor View Undergrounding Project, OWNER shall, prior to commencement of the project, dedicate, grant and transfer to City, in fee simple absolute, all of OWNER's rights, title and interest in the land in which the Harbor View Undergrounding Project is located, if any, free and clear of all liens, covenants, conditions, restrictions, encumbrances, mortgages, taxes, assessments, reservations, and leases (whether recorded or unrecorded), except for easement or rights -of -way over the land for public or quasi -public utilities or public street purposes, if any, to the satisfaction of the City. 3. Representations, Warranties and Indemnification. a. OWNER represents and warrants that there are no oral or written leases on all or any portion of the Harbor View Undergrounding Project, and that there are no liens, encumbrances, mortgages, covenants, conditions, restrictions or reservations on or against the property in which the Harbor View Undergroundmg Project is located. OWNER shall indemnify, defend and hold harmless the City, the Community Development Commission of the City of National City, and its officials, officers, employees, volunteers, agents and attorneys from and against any and all claims, losses, damages, costs Page 2 of 9 2 Harbor View Undergrounding Project Reimbursement Agreement (including attorneys' fees and litigation costs), actions and causes of action arising out of or relating to any alleged leases, liens, mortgages, covenants, conditions, restrictions or reservations, on or against the Harbor View Undergrounding Project property. b. OWNER further represents and warrants that title to the Harbor View Undergrounding Project is vested exclusively in OWNER and that OWNER can deliver good, clear title to the Harbor View Undergrounding Project, or that OWNER has the legal right to use the property for the Harbor View Undergrounding project. OWNER shall indemnify, defend and hold harmless the City, the Community Development Commission of the City of National City, and its officials, officers employees, volunteers, agents and attorneys from and against any and all claims, losses, damages, costs (including attorneys' fees and litigation costs), actions and causes of action arising out of or relating to any alleged defect in, clouds on the title to, or lack of legal right to use of the property for the Harbor View Undergrounding Project. c OWNER also represents and warrants that OWNER has no knowledge of the presence of any hazardous or toxic materials, compounds or chemicals on the Harbor View Undergrounding Project property as of the date of the execution of this Agreement. OWNER shall indemnify, defend and hold harmless the City, the Community Development Commission of the City of National City, and its officials, officers employees, volunteers, agents and attorneys from and against any and all claims, losses, damages, costs (including attorneys' fees and litigation costs), actions and causes of action arising out of or relating to any allegations of the presence of any hazardous or toxic materials, compounds, or chemicals that exist on the Harbor View Undergrounding Project property as of the date of execution of this Agreement. Said indemnity shall apply to, but is not limited to the costs of cleanup and/or removal of such hazardous or toxic materials, and to injuries, or damages occasioned by such materials to the life, health and/or property of third -parties, as well as to the parties to this Agreement. 4. Reimbursement of Costs. In further consideration of City's construction of the Harbor View Undergrounding Project and the undergrounding of the 9th Street Pole, OWNER agrees it is solely responsible for the entire total cost of the Undergrounding of the 9th Street Pole. OWNER agrees to reimburse the City for the actual total cost of the 9th Street Pole, including any and all amounts that exceed the estimated cost, without off -set, deduction, or counterclaim. The actual total cost includes all construction and administrative overhead costs. OWNER shall pay the total actual costs, as follows: a. The OWNER at its option may either pay for and effectuate the Undergrounding-of-the-9th StreetPoleor, shall deposit with the -City -a totalof two-hundred eighty-three thousand two -hundred fifty dollars ($283,250.00), in the form of a Letter or Credit or Certificate of Deposit ( "deposit") upon OWNER's execution of this Agreement, in a Trust and Agency Account established for the sole purpose of Undergrounding the 9th Street Pole. The Page 3 of 9 3 Harbor View Undergrounding Project Reimbursement Agreement deposit amount is based on the estimated construction cost of $275,000 to underground the utilities plus 3 percent (3%) administrative overhead cost. b. City shall transfer monies from the Trust and Agency Account to pay for costs as they are incurred for the 9th Street Pole. City agrees to provide OWNER statements of such transfers. c. City may demand additional monies be deposited by OWNER into the Trust and Agency Account, should the balance fall below 10% of the original deposit (i.e. $28,325.00). The amount of the additional deposit is at the sole discretion of the City and shall be no less than the estimated amount of the remaining total costs. d. OWNER shall deposit with the City additional monies within 20 days of demand. e. OWNER agrees to pay the total construction costs and three (3%) administrative overhead cost, less the deposit, to the City within thirty (30) days of City's request for reimbursement for the costs of the undergrounding. f. OWNER acknowledges that late payment to City will cause City to incur costs not contemplated by this Agreement. Such costs include, without limitation, processing and accounting charges. Therefore, if City does not receive payment within the timeframes requested, OWNER shall pay a 10% penalty on any outstanding demand. The parties agree that this late charge represents a reasonable sum considering all the circumstances existing on the date of this Agreement and represents a fair and reasonable estimate of the costs that city will incur by reason of late payment. The parties further agree that proof of actual damages would be costly or inconvenient. Acceptance of any late charge does not constitute a waiver of the default to the overdue amount and will not prevent City from exercising any of the other rights and remedies available to City. 5. 8th Street Undergrounding Project. As of the date of this Agreement, the 8th Street Undergrounding Project is anticipated to occur in year [ . Whether the 8`t' Street Undergrounding Project proceeds is at the discretion of the City Council for the City of National City, and the City Council retains its discretion over whether this particular project proceeds. OWNER agrees that should the 8th Street Undergrounding Project not proceed, the obligation to underground the utilities remains OWNER's obligation. a. In the event the 8th Street Undergrounding Project does not proceed within years from the date of this Agreement, OWNER shall be obligated to underground the utilities, as originally required it its conditions of approval. Page 4 of 9 4 Harbor View Undergrounding Project Reimbursement Agreement b. In the event the 8th Street Undergrounding Project does not proceed within years from the date of this Agreement, City shall refund OWNER all monies deposited by OWNER upon posting of a performance bond and issuance of 6. Notices. Any notice required by this Agreement shall be in writing, and will be deemed delivered on the date that it is deposited in the United States mail, postage prepaid, for first class delivery, addressed to the recipients at the addresses set forth below: To Owner: Andrew J. Held Pedcor Commercial Developn►ent LLC 770 3rd Avenue SW Carmel, Indiana 46032 With cc: Matthew A. Peterson, Esq. Peterson & Price, APC 530 B Street, Suite 1800 San Diego, CA 92101 To City: City Engineer City of National City 1243 National City Boulevard National City, CA 91950 7. Miscellaneous Provisions. a. This Agreement benefits and burdens both the OWNER'S property and City's rights -of -way. As such: i. The obligations, terms and conditions set forth herein shall run with the land and be binding upon, inure to the benefit of, and be enforceable by the assigns, administrators, and successors of the City and of the OWNER; ii. OWNER'S signatures to this Agreement shall be notarized; and, iii. This Agreement shall be recorded with the Office of the County Recorder, County of San Diego. h. This Agreement shall be governed by the laws of the State of California. c. This Agreement contains the entire agreement of the parties. There are no representations, agreements, arrangements, or understandings, oral or written, between and among the parties relating to the subject matter contained in this Agreement, which are not fully expressed herein; Page 5 of 9 5 Harbor View Undergrounding Project Reimbursement Agreement d. In the event the City initiates a lawsuit to enforce the terms of this Agreement, the City shall be entitled to recover its costs and attorneys' fees; e. This Agreement may be executed in counterparts and as so executed shall constitute one Agreement binding on all parties. f. OWNER acknowledges that OWNER has read the terms of this Agreement and has had and availed itself of the opportunity to seek legal counsel regarding the terms and implications of this Agreement; and OWNER acknowledges that OWNER understands the terms hereof and agrees to be bound thereby. IN WITNESS THEREOF, the parties have caused this Agreement to be executed in duplicate on the date and year first written herein. CITY OF NATIONAL CITY Ron Morrison, Mayor Approved as to form: Claudia G. Silva, City Attorney SEE ATTACHED EXHIBITS A, B and C Page 6 of 4 6 Harbor View Undergrounding Project Reimbursement Agreement HARBOR VIEW ACQUISITIONS LLC, a California limited liability company (Date) (Signature) (Print Name & Title) (Signature) (Print Name & Title) NOTE: NOTARY ACKNOWLEDGMENTS (FOR ALL SIGNATURES) MUST BE ATTACHED, PER CIVIL CODE SEC. 1180 ET. SEQ. Page 7 of 9 7 Harbor View Undergrounding Project Reimbursement Agreement NC APARTMENTS, LLC a California limited liability company (Date) (Signature) (Print Name & Title) (Signature) (Print Name & Title) NOTE: NOTARYACIKNOWLEDGMENTS (FOR ALL SIGNATURES) MUST BE ATTACHED, PER CIVIL CODE SEC. 1180 ET. SEQ. Page 8 of 9 8 Harbor View Undergrounding Project Reimbursement Agreement VILLAGE CAPITAL CORPORATION An Indiana corporation (Date) (Signature) (Print Name & Title) (Signature) (Print Name & Title) NOTE: NOTARY ACKNOWLEDGMENTS (FOR ALL SIGNATURES) MUST BE ATTACHED, PER CIVIL CODE SEC. 1180 ET. SEQ. Page 9 of 9 9 Harbor View Undergrounding Project Reimbursement Agreement RESOLUTION NO. 2006 — 266 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TENTATIVE SUBDIVISION MAP FOR HARBOR VIEW CONDOMINIUMS LOCATION: 404 EAST 8TH STREET, 419 EAST 9TH STREET, AND 829 AND 831 D AVENUE APPLICANT: HARBOR VIEW CONDOS LLC / GULF UNLIMITED CORPORATION CASE FILE NO. S-2006-16 WHEREAS, application was made for approval of a Tentative Subdivision Map for the Harbor View Condominiums located at 404 East 8th Street, 419 East 9th Street, and 829 and 831 D Avenue within the City of National City on property generally described as: LOTS 1, 2, 3, 4 AND 5, IN BLOCK 1 OF T. PARSON'S ADDITION, BEING A SUBDIVISION OF TEN ACRE LOT 16 IN QUARTER SECTION 154 RANCH DE LA NACION, IN NATIONAL CITY, IN THE COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 57, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, APRIL'26, 1881. WHEREAS, the Planning Commission considered said application at a public hearing held on November 6, 2006, and by Resolution recommended conditional approval of the application; and WHEREAS, the City Council of the City of National City considered said application at a public hearing held on December 19, 2006, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council considered the staff report prepared for Case File No. S-2006-16, which is maintained by the City and Incorporated herein by reference, along with evidence and testimony at said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that it hereby approves said Tentative Subdivision Map based on the following findings: 1 The protect is consistent with the Downtown Specific Plan for which an Environmental Impact Report was certified and Mitigation Measures and a Mitigation Monitoring and Reporting Program were adopted. 2. The -proposed map is consistent with the General Plan since -it_ -is_consistent _with__and _ implements the Downtown Specific Plan, which Is a further refinement of the goals and objectives of the General Plan. 10 Resolution No. 2006 — 266 December 19, 2006 Page 2 3. The site is physically suitable for the proposed type of development since the proposed project and all required improvements can be provided on site, and the project would comply with the applicable development standards or has been granted the appropriate exemptions. 4. The site Is physically suitable for the proposed density of development since the proposed project and all required Improvements can be provided on site, and the project would comply with the applicable development standards or has been granted the appropriate exemptions. 5. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, since the site Is was previously developed and is located in a completely urbanized area. 6. The design of the subdivision and the proposed/required Improvements are not likely to cause serious public health problems, since ail necessary public services, facilities, infrastructure, and utilities 'will be provided. 7. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, or such easements will be provided or relocated as required. 8. The discharge of sewerage waste from the subdivision into the City of National City sewer system wil! not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6. 9. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources. 10. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. BE IT FURTHER RESOLVED that the City Council has considered that the certified Environmental impact Report for the Downtown Specific Plan serves as adequate environmental documentation, together with any comments received during the public review process, and finds on the basis of the whole record that that the project was adequately considered by the Environmental Impact Report, which reflects the Clty's independent judgment and -analysis, and hereby-authorizes-the-filing-of-a--Notice-of-Determination. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, that the City Council approves said Tentative Subdivision Map subject to the following conditions: 11 r1�A.rl�q.'IrbHlti�'.I�nM1�.JN.MrHIM1nr r'JH Resolution No. 2006 — 266 December 19, 2006 Page 3 1. Mitigation Measures. The Tentative Subdivision Map shall be subject to all applicable mitigation measures of the adopted Mitigation Monitoring and Reporting Program of the certified Environmental impact Report for the Downtown Specific Plan. 2. Approved Exhibit. The Tentative Subdivision Map authorizes the subdivision of the subject property for condominium purposes in conformance with Exhibit (S-2006-16), dated October 19, 2006, except as modified by the conditions of approval. • 3. Consistency Review. The Tentative Subdivision Map shall be consistent with Downtown Specific Plan Consistency Review (DSP-2005-5). 4. Landscape Plans. The applicant shall submit landscape and irrigation plans for approval and shall Install and construct all improvements pursuant to the approved plans prior to occupancy. 5. Lighting Plans. The applicant shall submit lighting plans for approval and shall install and construct all lighting pursuant to the approved plans prior to occupancy. Ughting shall be designed to provide adequate illumination for safely, security, identification, and direction as well as for landmark visibility of the primary buildings and/or significant features of the project. 6. Sign Program. The applicant shall submit a sign program for approval, and all signs shall be designed and installed pursuant to the approved sign program. 7. Public Art Program. The applicant shall submit a public art program for approval and shall install, construct, or implement the approved public art program prior to occupancy, 8. Green Design. The applicant shall incorporate green design, energy efficiency, waste reduction, recycling, conservation, and sustainable design In the project to the maximum extent feasible. 9. Public Improvements. The applicant shall submit Improvement plans for all adjacent public rights -of -way for approval. The plans shall be consistent with the Downtown Specific Plan, including the Open Space Framework, the Streetscape Master Plan, and the Design Guidelines. The Improvements shalt Include but not be limited to streets; alleys; curbs and gutter; sidewalks; medians; parkways; landscape; street lights; street furniture; traffic control; parking facilities; utilities; water, sewer, and drainage facilities; and other necessary facilities and infrastructure. The applicant shall install and construct the improvements pursuant to the approved plans prior to occupancy. 10. Enaineerinq Requirements. The applicant shall comply with all engineering requirements, including the listed requirements. a) A•Hydrology-study (100 year flood) is required for the new_ project._The_study should. consider the proposed project area to the closest municipal storm drain collection point. The study should consider the adequacy of the existing storm drain system to convey any additional run off. All Hydrology study findings and recommendations are part of Engineering Department requirements. 12 Resolution No. 2006 — 266 December 19, 2006 Page 4 b} The Priority Project Applicability checklist for the Standard Urban Storm -water Mitigation Plan (SUSMP) is required to be completed and submitted to the Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of c) National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP), an approved SUSMP will be required prior to issuance of an applicable engineering permit. The SUSMP shalt be prepared by a Registered Civil Engineer. d) The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to Issuing of a construction permit. e) All surface run-off shall be collected by approved drainage facilities and directed to the street by sidewalk underdralns or a curb outlet. Adjacent properties shall be protected from surface run-off resulting from this development. f) A grading and drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading. This shall include the provision of such devices as storrn drain Interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking tot, Including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken In accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall be signed and recorded. The checklists for preparation of the grading plan, drainage plan, and Standard Urban Storm Water Mitigation Plan (SUSMP) are available at the Engineering Department. A National Pollutant Discharge Elimination System (NPDES) permit is required for discharged of storm water runoff associated with construction activity where clearing, grading, and excavatlon results in a land disturbance. A construction stormwater permit shall be obtained from the Regional Water Quality Control Board. A copy of the permit shall be given to the City of National City Engineering Department prior to any work beginning on the project. A sewer permit will be required. A sewer study shall consider the adequacy of the - - existing sewer system; The sewer studyrecommendationsshall - be-part-of-the Engineering Department Requirements. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any newsewer lateral in the City right-of-way shall be 8-inch in size with a dean out and the installation of a g) 13 s lnla.nnYtr;M1'.ni e•{I b1{I uryu{.jfj;N.l l':: Yl I .nr;:r:V IN Resolution No. 2006 — 266 December 19, 2006 Page 5 manhole in the street. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. A sewer main runs through the alley that shall be addressed or relocated If building is to be constructed in this location. i) A soils engineering report shall be submitted for the Engineering Department's review, after Planning Commission approval. The report shall address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure. As a minimum, the parking lot pavement sections shall be 2 Ineh A.C. over 4 Inch Class 11 aggregate base. The street pavement sections shall be In accordance with National City modified Standard Drawing G-34. All soils report findings and recommendations shall be part of the Engineering Department requirements. j) The deteriorated portions of existing street improvements (including sidewalks and curbs) along the property frontages shall be removed and replaced. k) A permit shall be obtained from the Engineering Department for all Improvement work within the public right-of-way, and any grading construction on private property. I) Street improvements shall be in accordance with City Standards. Abandoned driveway aprons shall be replaced with curbs, gutters, and sidewalks. m) A title report shall be submitted to the Engineering Department, after the Planning Commission approval, for review of all existing easements and the ownership of the property. n) A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate. shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit Is subject to adjustment according to actual worked hours and consultant services. o) The Final Map shall meet all of the requirements of the Subdivision Map Act, and the City of National City Municipal Codes including certification, acknowledgement, complete boundary information and monumentation. p) The subdivider shall submit an approval letter from Sweetwater Authority stating fire flow requirements have been met. if additional Improvements are needed, the developer shall enter Into an agreement for the water Improvements with the Authority prior to obtaining the Final Map approval. q) The developer shall bond for the monumentation, the public improvements and the on -site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the Final Map. 14 Resolution No. 2006 - 266 December 19, 2006 Page 6 r) All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground, s) The Final Map shall be recorded prior to issuance of any building permit. t) All new property line survey monuments shall be set on private property, unless otherwise approved. The Final Map shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. 11. Public Works Requirements. The applicant shall comply with all public works requirements. a) The developer shall replace the existing sidewalks adjacent to the project. b) Sewer facilities - The developer shall prepare a capacity study and upgrade the sewer line as necessary. c) The developer shall replace the existing street trees with a tree palette commensurate with the building's architecture and adjacent landscaping theme. d) The developer shall install streetlights along the project's frontages. 12. Fire Department Requirements. The applicant shall comply with all Fire Department requirements. a) Automatic fire sprinkler system will be required. b) Wet standpipes will be required c) Automatic and manual fire alarm system with communications system will be required. d) Estimated minimum fire flow will be 3,000 gpm measured at 20 psi residual with a flow duration of 4 hours. e) Underground parking area must have ready emergency access on both sides of parking area. 13. Building Department Requirements. The applicant shall comply with all Building Department requirements, and plans shall comply with the 2001 editions of the California Building -Codes -the--California--Mechanical Code, theCaliforniaPlumbing- Code; -the California Electrical Code, and California Title 24 energy and handicapped regulations, 15 Resolution No. 2006 — 266 December 19, 2006 Page 7 14. Police Department Requirements. The applicant shall comply with all Police Department requirements. a) The project shall comply with the crime free multi -housing criteria and crime prevention through environmental design standards. b) The project shall incorporate a camera system for security monitoring purposes of the common, open public spaces and retail areas of this project. Such camera system should be compatible to operationally integrate with the current Police Department security camera project scheduled for various areas throughout the City. 15. National City Transit Requirements. The applicant shall comply with all National City Transit requirements. a) Evaluate existing bus stops for installation of shelters, benches, trash containers, lighting, and CCTV security cameras with direct feed to NCPD if warranted. Cost for these upgrades shall be borne by the developer. b) NCT should be directly Involved during the preliminary and ongoing evaluation of any/all proposed shuttle services within National City. An evaluation should also be undertaken to see if it would be more cost effective for NCT to directly operate this proposed new service in conjunction with our existing fixed route service. One benefit of this concept would be the leveraging component of Transit Capital funds for equipment purchases (including vehicles) and possible availability of FTA and Department of Homeland Security funding and grants as well. c) Submit plans to MTS Planner Mike Daney (mike.daney resdmts.com) for review and comments. 16. Covenants, Conditions. and Restrictions. The applicant shall submit a declaration of covenants, conditions, and restrictions for approval prior to approval of a final subdivision map. The CC&Rs shall run with the land, clearly setting forth privileges and responsibilities, including maintenance, involved in the common ownership of buildings, streets, parking areas, walks, open spaces, recreation areas, utilities, and common areas and facilities. The CC&Rs shall allow the City of National City the authority but not the obligation to assume the maintenance of the property and assess the full cost, including overhead costs, as a lien against the property if said property is not adequately maintained pursuant to the CC&Rs. The CC&Rs shall include a determination that the funds provided by the maintenance provisions will be sufficient to cover all contemplated costs. The CC&Rs shall be approved as to form and content by the City Attorney of the City of National City. 17.- Properly Owners As-eooiation. A- corporation, association, -property owners' group, or _ similar entity shall be formed with the right to assess properties that are jointly owned with interests In the common areas and facilities In the entire development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all such common areas and facilities. Such entity shall operate under recorded CC&Rs approved 16 ...F:.,:i• A,c.Fu•I:r.rWwm,.:,n,,,T. Resolution No. 2006 — 266 December 19, 2006 Page 8 by the City of National City, which shall include compulsory membership of all property owners and flexibility of assessments to meet changing costs of maintenance, repairs, and services. 18. Business Improvement District Pursuant to the Implementation Program of the Downtown Specific Pfan, the subject property shall be incorporated into the Morgan Square Business Improvement District and assessed as provided for in the district for purposes for which the district was formed. 19. Landscape Maintenance District. Pursuant to the Implementation Program of the Downtown Specific Plan, all properties within the boundaries of the Downtown Specific Plan shall be incorporated into a landscape maintenance district and assessed as provided for in the district for purposes for which the district was formed. 20. Parking District. Pursuant to the Implementation Program of the Downtown Specific Plan, all properties within the boundaries of the Downtown Specific Plan shall be Incorporated into a parking district and assessed as provided for In the district for purposes for which the district was formed. 21. Acceptance of Conditions. The applicant and property owner shall sign and have notarized an Acceptance Form acknowledging and accepting all conditions of approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of approval of this permit shall automatically terminate this permit The applicant shall record a Notice of Restriction on Real Property with the San Diego County Recorder. The Notice of Restriction shall provide that the conditions of approval of this permit are binding on all present and future interest or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney of the City of National City and signed by the City Manager of the City of National City prior to recordation. 22. Expiration. The approved Tentative Subdivision Map shall expire two years after the effective date of approval unless prior to that date a request for a time extension not exceeding three years has been filed as provided by Municipal Code Section 17.04.070, BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant. BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought Is governed by the provisions of Code of Civil Procedure Section 1094.6. *** Signature Page to Follow*** 17 wvvortr11,lyJ.Ia�Ii.YIrYI•!rxN:Y::'i/:s'.•P�'M."'^-'Y"JM.'...F,'WHJ,u'JYW!:1.. wlrxnhr�•�x•nrcru �... Resolution No. 2006 — 266 December 19, 2006 Page 9 PASSED and ADOPTED this 19th day of Decemb2 2006. ATTEST: Miael R. Dana City Clerk APPROVED AS TO FORM: George H. Eiser, Ili City Attorney on Morrfs5n, Mayor 18 Passed and adopted by the Council of the City of National City, California, on December 19, 2006, by the following vote, to -wit Ayes: Councilmembers Morrison, Natividad, Parra, Ungab, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California hAirjj* City Cl k of the City of Katlonal City, California By. Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2006-266 of the City. of National City, California, passed and adopted by the Council of said City on December 19, 2006. City Clerk of the City of National City, Callomia By: Deputy 19 EXHIBIT B UTILITY UNDERGROUNDING • Utilities to be placed underground shall include all power poles or poles used to support overhead telecommunication lines, service, trunk and distribution lines for power lines and telecommunication lines, all transformers mounted on poles and other pole mounted equipment for utility purposes. Service laterals shall include service lines to the subject property and those service lines servicing properties along the all sides of the right-of-way. EXHIBIT C u`l 55 33TC EXI 0 WI 4 0 Iw 14. • • EXEST 0_ V MT▪ H� C. G & S 'ROP. j z{' ER VICES 'REVETIERS 0 BEX OP 27 EXIST ^_ TRAFFIC 13 I v • a A �Se-`qqr Bar cr. Ld ✓ �! 5L,] a /ya 2 J52 1 e 52186 53 a �5, �]'�. ry T- - - - -'F /]( r' 73 (/EX )A'.HT ASP), • i 11;� POLt 51 aEG- 4) ,1 rr z', ,c-` • 59 g'�-w., .SPH X ASPW'-- 51.7•�_-. _ 52.35 • �. ! I Ex. 1 5.0 TR TO BE REMO PROPOSED RE SGR 4TER M 1-2 25 INOVti{ _50. PLACE 7 C.C. N AIN o EX TO BE EX PALM BE RELO TO I.0 iI^V 02) 50 1 TO OE REL /M rq BE NI 'LAC EX -LT C,G,3 P. 3' TO1T 'IPE -x�;r P7P f CIC �U A EXIST 5T. LIGHT rX; /PPt3 432 52.69 A SPHr TII 4-c\'-."?. I EXIST 1 1 AVE BUILDING III I To BE rrEL13IE0 111 1112' ro ° t az i11 as 111 I STORY HOUSE TO BE REMOVED -. X "I ANTER x5404 53 ;1,-C.l 1-Er 1 IT,vS 4Sl�S pco. j li x 53 F3 si5- 1 O. IE 4 1 n 4 iJ aB K i Ex PLAN _ 53 52.7) EX ?'- ER. 5 W;300 %1NCE 5,.37 AREA OF UNDERGROUNDING ▪ . ENO.ABOVE NAL4 '_; IS P PHJ453663-i 51 20 :1 / , FEX. 2.0 1 TO HOUSEBEREMt419VE OD' :., I B'- REMOVEQ-f=` cal 1 53 &5 I t,. T fir' z l �1 �`s S2-6s 52, - F,5�kL _ - 4 GRASS (y� IOt '<<'l'y --i I `0 , GRASS y' t.-t Jk-6-'-- -.._... 525p I I s S OP SION dC COyNC ETE.Y_Si Eq PALMS TO 'EMAIN -1m EXIST SMI-3 (TO9=55314 DE-4-9.79 PROPOSED PORTION OF ALLEY APRON PI k C/ 55 44 G G 55-20 i_ �&62 R/W ROP SEWE TOP: IE: l L C L_1 0 ti L l7 EW 1 PA'El L 0 T L 0 T 4.07 EXISTING GARAGE __ DIRT R/W 5352 PROPOSED G-31 3 )s ED RAMP • O/W 5293 PROPOSED PORTION OF ALLEY APRON PER r.-17 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 7, 2010 AGENDA ITEM NO. 10 'EM TITLE: Resolution of the City Council of the City of National City authorizing the reimbursement of inspection fees paid in excess of the former fee to applicants who applied for a building permit during the lower fee period (July 1, 2009 to June 30, 2010), were invoiced at the lower fee level, and obtained a building permit after the reinstatement of fees to the 2008 fee level; and, authorizing the collection of inspe es at the lowered fee rate for those applicants who applied and paid for the plan check portion of their buil ' g pe it prior to July 1, 2010. PREPARED BY: Luis Sainz, Building Official DEPARTMENT: Dev PHONE: APPROVED EXPLANATION: See attached explanation. rviCes/Building FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Funds are available in Account No. 001-06028-3120 (Building Permits) ENVIRONMENTAL REVIEW: Not applicable ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: planation Background When an applicant begins the building permit process, they have the option to pay plan check and inspection fees up front, although only the plan check fees are due at time of the submittal to begin the plan check review process. Once submitted, the applicant is provided with an invoice to pay in Finance. Upon submittal of a receipt from Finance, this payment is posted, and the applicant is provided with a receipt showing the remaining balance due. Once the plan check process is completed, the applicant is notified to return to pay the remaining balance for the inspection fees, and upon payment the applicant is issued a building permit. Construction can then begin and inspections occur. Staff charges the fee rate based upon the fee which is in effect at the time of payment. During the reinstatement of the Development Services fees on July 1, 2010 to the 2008 level, two things are occurring: 1) Building Permits were issued in which the applicant paid the lower fee rate for the plan check portion and the higher permit fee for the inspection portion. 2) Building Permit Applications are currently pending through the plan check process. These applicants submitted a building permit application prior to July 1, 2010 and are actively pursuing their building permit though the plan check process. They have a receipt showing a balance due at the lower fee rate. Some have now been notified as they continue in the plan check process of the change in fee rate. Applicants have voiced their concern, and confusion with being charged higher rates after having a receipt showing a balance due, based on the lower amount. Complaints have been made to staff, management and council members. To address these concerns, staff suggests the following to address the issue: 1) Issue refunds for Building Permits that have been issued where the applicant paid at two different fee levels. 2) Authorize staff to collect payment for the permits pending, submitted prior to July 1, 2010, at the lower fee amount. This will not apply to Transportation Development Impact Fees, or any other Impact Fees. If approved, staff will notify the applicants that have been issued permits that a refund is pending. This will not apply to any submittal that occurred after July 1, 2010. Additionally, to avoid this situation in the future, staff will add notification on the receipt that any pending payments are subject to the fee rates as adopted by the City Council at the time of payment. RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE REIMBURSEMENT OF INSPECTION FEES PAID TO APPLICANTS WHO APPLIED FOR A BUILDING PERMIT DURING THE LOWERED FEE PERIOD (JULY 1, 2009 TO JUNE 30, 2010), WERE INVOICED AT THE LOWERED FEE LEVEL, AND OBTAINED A BUILDING PERMIT AFTER THE REINSTATEMENT OF THE FEES TO THE 2008 FEE LEVEL; AND AUTHORIZING THE COLLECTION OF INSPECTION FEES AT THE LOWERED FEE RATE FOR THOSE APPLICANTS WHO APPLIED AND PAID FOR THE PLAN CHECK PORTION OF THEIR BUILDING PERMIT PRIOR TO JULY 1, 2010 WHEREAS, on June 16,.2009, the City Council adopted Resolution No. 2009- 155, approving a temporary reduction in the collection of the fees in the 2008 Fee Schedule to the lower corresponding fee amounts contained in the 2005 Fee Schedule beginning July 1, 2010; and WHEREAS, due to the temporary change in the Fee Schedule, some building permits were issued in which the applicant paid the lower fee rate for the plan check portion and then were charged the higher permit fee for the inspection portion; and WHEREAS, building permit applications are currently pending through the plan check process in which the applicants paid for plan check fees prior to July 1, 2010, and were given a receipt for the balance due for the inspection fee at the lower rate, which was in place at that time; and WHEREAS, it is recommended by staff that the City issue refunds for building permits that have been issued where the applicant paid at two different levels, and that payments for the inspection fees be collected for the pending permits submitted prior to July 1 at the reduced fee amount. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the reimbursement of inspection fees paid in excess of the former fee to applicants who applied for a building permit during the lower fee period (July 1, 2009 to June 30, 2010), were invoiced at the lower fee level, and obtained a building permit after the reinstatement of fees to the 2008 fee level. BE IT FURTHER RESOLVED that the City Council authorizes the collection of inspection fees at the lower fee rate for those applicants who applied and paid for the plan check portion of their building permit prior to July 1, 2010. PASSED and ADOPTED this 7th day of September, 2010. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia G. Silva, City Attorney EXPLANATION City of National City, California COUNCIL AGENDA STATEMENT ETING DATE5 Sept. 7, 2010 AGENDA ITEM NO. 11 ITEM TITLE Resolution of the City Council of the City of National City, ratifying the City Manager's signature of the Port of San Diego TUP Application for use of the PASHA Parking Lot "J" located on Port property, for temporary parking in conjunction with the free concert at Pepper Park on 918/10. PREPARED BY Brenda Hodges x 44—" DEPARTMENT Community Services The Port of San Diego requires us to obtain a Temporary Use Permit to temporarily use PASHA Parking Lot "J" for our annual Bayfront Concert. The TUP paperwork had to be submitted prior to the 9/7/10 Council Meeting. After review by the City Attorney and the Risk Manager, the City Manager signed the permit paperwork, so that it could be submitted. Since the permit contains indemnification language, Council approval is required to ratify this action. Environmental Review ✓ N/A Financial Statement none Account No. none STAFF RECOMMENDATION Approve Resolution BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Port TUP Agreement for use of PASHA'S "J" Lot Resolution A-200 (9/80) RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RATIFYING A TEMPORARY USE PERMIT WITH THE SAN DIEGO UNIFIED PORT DISTRICT FOR THE USE OF THE PASHA PARKING LOT J LOCATED ON PORT DISTRICT PROPERTY FOR TEMPORARY PARKING IN CONJUNCTION WITH THE FREE ANNUAL BAYFRONT EXPO AND CONCERT AT PEPPER PARK ON SEPTEMBER 18, 2010 WHEREAS, on September 18, 2010, the City of National City will present the free annual Bayfront Expo and Concert Program at Pepper Park for the benefit of its citizens; and WHEREAS, the San Diego Unified Port District requires the City to execute a Temporary Use Permit for use of PASHA Parking Lot "J", which is located on San Diego Unified Port District Property, for additional public parking for the event; and WHEREAS, due to time restraints, it was necessary to have the Temporary Use Permit signed by the City Manager prior to the September 7 City Council meeting. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby ratifies the required Temporary Use Permit with the San Diego Unified Port District for the use of Pasha Parking Lot "J", which is located on San Diego Unified Port District Property, to provide parking for members of the public attending the annual Bayfront Expo and Concert Program at Pepper Park on September 18, 2010. Said Temporary Use Permit is on file in the office of the City Clerk. PASSED and ADOPTED this 7th day of September, 2010. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney TEMPORARY USE PERMIT THIS PERMIT, granted this .9:5r N day of al►��4k , 2010 , by the SAN DIEGO UNIFIED PORT DISTRICT, a public corporation, hereinafter called "District," to THE CITY OF NATIONAL CITY, a municipal corporation, hereinafter called "Permittee," WITNESSETH: District for the considerations hereinafter set forth, hereby grants to Permittee upon the terms and conditions and for the purposes and uses hereinafter set forth, the right to use and occupy a portion of those lands conveyed to the San Diego Unified Port District by that certain Act of the Legislature of the State of California, entitled "San Diego Unified Port District Act," Stats. 1962, 1st Ex. Sess., c. 67, as amended, which lands are generally described as follows: Approximately 145,811 square feet of land located at the southeast corner of 32nd Street and Tidelands Avenue in National City, California, and more particularly delineated on Drawing No. 028-007, dated January 27, 2005, attached hereto as Exhibit "A" and by this reference made a part hereof. This Permit is granted upon the following terms and conditions: 1. The term of this Permit shall be for three (3) days, commencing on the 17th day of September, 2010, and ending on the 19th day of September, 2010, unless sooner terminated as herein provided. 2. As and for consideration, Permittee agrees to provide the services as described in Paragraph 3 herein for the benefit of the People of the State of California. 3. The above -described premises shall be used only and exclusively for the purpose of providing temporary vehicle parking for the National City Annual Music Concert at the adjacent Pepper Park to be held on September 18, 2010 and for no other purpose whatsoever without the prior written consent of the Executive Director of District in each instance. Permittee shall be responsible in providing lighting, security, parking and traffic control at the premises. 4. Permittee shall comply with all applicable laws, rules and regulations of District and other governmental entities. 5. Permittee shall keep the property and all equipment used in connection with this Permit in a clean, safe, sound and presentable condition at all times. 6. Permittee acknowledges prior examination of the premises and the condition thereof, and agrees that the improvements thereon, if any, are, in their present condition, satisfactory and usable for Permittee's purposes and that no representations as to value or condition have been made by or on behalf of the District. 1 ORIGINAL Permittee agrees that it shall make no changes or alterations in the premises, nor make, erect, or install any machines, signs, or other improvements thereon without the consent in writing of the Executive Director of District. Permittee further agrees to provide proper containers for trash and to keep the premises free and clear of rubbish, debris, and litter at all times. 7. On the commencement date of the term of this Permit, all existing structures, buildings, installations, and improvements of any kind located on the above -described premises are owned by and title thereto is vested in District. All structures, buildings, installations, and improvements placed on the above -described premises by Permittee subsequent to the commencement date of the term of this Permit shall at the option of District be removed by Permittee at Permittee's expense within ten (10) days after the expiration of the term of this Permit or sooner termination thereof. District may exercise said option as to any or all of the structures, buildings, installations, and improvements, either before or after the expiration or sooner termination of this Permit. If District exercises such option and Permittee fails to remove such structures, buildings, installations, and improvements within said ten (10) days, District shall have the right to have such structures, buildings, installations, and improvements removed at the expense of Permittee. As to any or all structures, buildings, installations, and improvements owned by Permittee for which District does not exercise said option for removal, title thereto shall vest in District, without cost to District and without payment to Permittee. Machines, appliances, equipment, and trade fixtures of any kind now existing or hereafter placed on the above -described premises by Permittee are owned by and title thereto is vested in Permittee and shall be removed by Permittee within ten (10) days after the expiration of the term of this Permit or sooner termination thereof; provided, however, Permittee agrees to repair any and all damage occasioned by the removal thereof. If any such machines, appliances, equipment, and trade fixtures are not removed within ten (10) days after the termination of this Permit, the same may be considered abandoned and shall thereupon become the property of District without cost to District and without payment to Permittee, except that District shall have the right to have the same removed at the expense of Permittee. During any period of time employed by Permittee under this Paragraph to remove structures, buildings, installations, improvements, machines, appliances, equipment and trade fixtures, Permittee shall continue to pay the full rental to District in accordance with this Permit which said rental shall be prorated daily. 8. Permittee hereby agrees that upon the expiration of this Permit or the sooner termination as herein provided, it will remove within ten (10) days all ships, vessels, barges, hulls, debris, surplus, and salvage materials from the area forming a part of or adjacent to the above -described premises, so as to leave the same in as good condition as when first occupied by Permittee, subject to reasonable wear and tear; provided, however, that if any said ships, vessels, barges, hulls, debris, surplus, and salvage materials shall not be so removed within ten (10) days by Permittee, District may remove, sell, or destroy the same at the expense of Permittee; and Permittee hereby agrees to pay District the cost of such removal, sale, or destruction; or at the option of District, the title to said ships, vessels, barges, hulls, debris, surplus, and salvage materials not removed shall become the property of District. 2 During any period of time employed by Permittee under this paragraph to remove ships, vessels, barges, hulls, debris, surplus and salvage materials, Permittee shall continue to pay the full rental to District in accordance with this Permit which said rental shall be prorated daily. 9. This Permit may be canceled by Executive Director of District or his duly authorized representative or Permittee by the giving of twenty-four (24) hours' notice in writing to the other party. Such cancellation shall be without liability of any nature. 10. This Permit shall not be transferred or assigned. 11. Permittee shall, to the fullest extent permitted by law, defend, indemnify, and hold harmless District and its officers, employees, and agents for any and all liability, claims, judgments, damages, proceedings, orders, directives, costs, including reasonable attorneys' fees, or demands arising directly or indirectly out of the obligations undertaken in connection with this Agreement, or Permittee's use, occupancy, possession or operation of the above -described Premises, except claims or litigation arising through the sole negligence or willful misconduct of District. It is the intent of this Paragraph that Permittee indemnify and hold harmless District for any actions of Permittee or District, including duties that may be legally delegated to Permittee or to third parties, except for those arising out of the sole negligence or willful misconduct of District. This indemnity obligation shall apply for the entire time that any third party can make a claim against or sue District for liabilities arising out of Permittee's use, occupancy, possession, or operation of the above -described Premises, or arising from any defect in any part of the above -described Premises. 12. Permittee shall not engage in any activity on property of District other than the activity for which this Permit is expressly issued. 13. Permittee shall be subject to and comply with any special conditions attached hereto. 14. Permittee shall maintain "OCCURRENCE" form Commercial General Liability Insurance covering premises and operations in the amount of not less than Two Million Dollars ($2,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage suffered or alleged to be suffered by any person or persons whatsoever resulting directly or indirectly from any act or activities of Permittee, of any person acting for it or under its control or direction, or any person authorized by it to use the above -described premises. Either the general aggregate limit shall apply separately to this location or the general aggregate limit shall be twice the required occurrence limit. All required insurance shall be in force the first day of the term of this Permit. All insurance companies must be satisfactory to District, and the cost of all required insurance shall be borne by Permittee. Certificates in a form acceptable to District evidencing the existence of the necessary insurance policies, and original endorsements effecting coverage required by this clause, shall be kept on file with District during the entire term of this Permit. Certificates for each insurance policy are to be signed by a person authorized by that insurer to issue evidence of coverage on its behalf. Endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. 3 The District reserves the right to require complete, certified copies of all required policies at any time. All liability insurance policies will name, or be endorsed to name, District, its officers, officials and employees as additional insureds and protect District, its officers, officials and employees against any legal costs in defending claims. All insurance policies will be endorsed to state that coverage will not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested has been given to the District. And, all insurance policies will be endorsed to state that Permittee's insurance is primary and not excess or contributing to any insurance issued in the name of District. Any deductibles or self -insured retentions must be declared and acceptable to the District. At the option of the District, either: the insurer shall reduce or eliminate such deductibles or self -insured retentions as respects the District, its officers, officials, and employees; or, the Permittee shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. District shall retain the right at any time to review the coverage, form, and amount of the insurance required hereby. If, in the opinion of District, the insurance provisions in this Permit do not provide adequate protection for District and/or for members of the public, District may require Permittee to obtain insurance sufficient in coverage, form and amount to provide adequate protection. District's requirements shall be reasonable but shall be designed to assure protection from and against the kind and extent of risk which exist at the time a change in insurance is required. District shall notify Permittee in writing of changes in the insurance requirements and, if Permittee does not deposit certificates evidencing acceptable insurance policies with District incorporating such changes within sixty (60) days of receipt of such notice, this Permit shall be in default without further notice to Permittee, and District shall be entitled to all legal remedies. The procuring of such required policies of insurance shall not be construed to limit Permittee's liability hereunder, nor to fulfill the indemnification provisions and requirements of this Permit. Notwithstanding said policies of insurance, Permittee shall be obligated for the full and total amount of any damage, injury, or loss caused by negligence or neglect connected with this Permit or with the use or occupancy of the above -described premises. 15. In the event any suit is commenced to enforce, protect or establish any right or remedy of any of the terms and conditions hereof, including without limitation a summary action commenced by District under the laws of the State of California relating to the unlawful detention of property, the prevailing party shall be entitled to have and recover from the losing party reasonable attorney's fees and costs of suit. 4 16. Permittee shall comply with all requirements and directives of the Executive Director of District. 17. By signing this Permit, Permittee represents and warrants that it has independently inspected the premises and made all tests, investigations and observations necessary to satisfy itself of the condition of the premises. Permittee agrees it is relying solely on such independent inspection, tests, investigations and observations in making this Permit. Permittee also acknowledges that the premises are in the condition called for by this Permit, that District has performed all work with respect to premises and that Permittee does not hold District responsible for any defects in the premises. Permittee furthermore accepts and shall be responsible for any risk of harm to any person and property, including without limitation employees of Permittee, from any latent defects in the premises. Port Attorney SAN DIEGO UNIFIED PORT DISTRICT By By Karen J. Weymann Director, Real Estate Permittee hereby accepts this Permit and agrees to comply with all the terms and conditions thereof. THE CITY OF NATIONAL CITY By Print Name: Chris Zapata Print Title: City Manager Address: 1243 National City Blvd National City, CA 91950 SDUPD Doc. No.429014 'L BERTH 24-1 RTIJ TONAL iif4R O a©Q�WNAL + . 100 1 .l 4 1-. 1 1. .1 • 4✓Y� 1L • • r.. QS 13/4 .14 1, • 44 t-4 • O SEE SHEET NO.? 11DE Cn 'NOTE. 1: -PERMIT_ AREA -SHOWN SHADED BEARINGS AND DISTANCES ARE BASED :ON THE CALIFORNIA COORDINATE SYSTEM, ZONE 6, N.A:D: 83,.. EPOCH 1991.35. DRAB FOSTER d SAN DIEGO UNIFIED PORT DISTRICT wrrHlN CORPORATE OATS OF NATIONAL CITY rfEXHIBIT 27 JANUARI' 2005 SCALE NO SCALE REF. SURvET • �Q iOF 2 028-007 1n 0 0 0. tO 0 to N m 0 0 CD U1 028--013 P.O.C. 3"D1A. BRASS. DISK _ . MONUMENT STAMPED : "SDUPD-020"" AS SHOWN ON :R.O.S. • NO.16668 028-009 P PER PARK SAN DIEGO UNIFIED PORT DISTRICT W1TH1N Tr' 028-010 NA710NAL CITY MARINA SITE ot to 0 n M 0 m 0 GRAPHIC SCALE 0 25'•50' 100' . j \ - 1•r.100' DATE 27 JANUARY 2005 a SCALE 1•=100' e 028-007 REF, FlELD SURVEY DRAWING NO. SHEET 20F 2_ MEMORANDUM OF INSURANCE ISSUE DATE 8/19/2010 ALLIANT INSURANCE SERVICES, INC. P.O. BOX 6450 NEWPORT BEACH, CA 92658-6450 Ph (949) 756-0271 / Fax (949) 756-2713 License No. 0C36861 THIS MEMORANDUM IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE MEMORANDUM HOLDER- THIS MEMORANDUM DOES NOT AMEND, EXTEND, OR ALTER THE COVERAGE SHOWN BELOW. SAN DIEGO POOLED INSURANCE COVERAGE AFFORDED BY * INSURED PROGRAM AUTHORITY AND MEMBER AGENCY OF: LETTER A: INDIVIDUAL CITY'S SELF -INSURED RETENTION CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD. NATIONAL CITY, CA 91950 LETTER B: "San Diego Pooled Insurance Program Authority, A Public Agency." * MEMBER AGENCY OF THE SAN DIEGO POOLED INSURANCE PROGRAM AUTHORITY COVERAGE PER CA. GOVERNMENT CODE SECTION 990.4(a), 990.8(c) THIS IS TO CERTIFY THAT A MEMORANDUM OF INSURANCE BELOW HAS BEEN ENTERED INTO BY INSURED NAMED ABOVE AS AUTHORIZED BY CALIFORNIA GOVERNMENT CODE SECTION 990.4(a) AND 990.8(c) FOR THE PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS MEMORANDUM MAY BE ISSUED OR MAY PERTAIN. THE COVERAGE AFFORDED BY THE CONTRACT DESCRIBED HERE IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF THE SUCH CONTRACT. MEMORANDUM MEMORANDUM MEMORANDUM LIABILITY LIMITS LTR TYPE OF COVERAGE NUMBER EFFECTIVE DATE EXPIRATION DATE EACH OCCURRENCE AGGREGATE A GENERAL AND AUTOMOBILE LIABILITY INCLUDING: ALL OWNED, HIRED AND SELF INSURED 07/01/10 07/01/11 BI & PD COMBINED 250,000 N/A NON -OWNED AUTOS PERSONAL INJURY INCL. B EXCESS LIABILITY' * SDC 0025 07/01/10 07/01/11 BI & PD COMBINED 1,750,000 * * THE ABOVE NOTED MEMORANDUM OF INSURANCE IS A CLAIMS -MADE CONTRACT DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / SPECIAL ITEMS CERTIFICATE HOLDER, ITS OFFICERS, AND EMPLOYEES ARE NAMED AS ADDITIONAL INSURED AS RESPECTS TO TEMPORARY USE PERMIT AGREEMENT BETWEEN CITY OF NATIONAL CITY AND SAN DIEGO UNIFIED PORT DISTRICT COMMENCING ON SEPTEMBER 17, 2010 ENDING SEPTEMBER 19, 2010 FOR TEMPORARY VEHICLE PARKING FOR THE NATIONAL CITY ANNUAL MUSIC CONCERT. SUBJECT TO POLICY TERMS, CONDITIONS AND EXCLUSIONS Al MEMORANDUM HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED CONTRACTS BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE AUTHORITY WILL ENDEAVOR TO MAIL 30 DAYS' WRITTEN NOTICE TO THE HOLDER NAMED HEREON BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE AUTHORITY, OR ITS REPRESENTATIVES EXCEPT 10 DAYS FOR NON-PAYMENT OF PREMIUM. SAN DIEGO UNIFIED PORT DISTRICT ATTN: AUDIT, RISK MANAGEMENT & SAFETY AUTHORIZED SIGNATURE PO BOX 120488 SAN DIEGO, CA 92112-0488 (:::?"":"..----------11-------- Gd Client Files\San Diego Pooled Insurance Program Authority (SANDPIPA)\Sandpipa\Sd-Liability\Sd-Liab-cerl_Sd Pool Liab Ced-Pri.doc Endorsement Per Contract Effective 7/1/10 Contract Number SDC 0025 ADDITIONAL INSURED ENDORSEMENT In consideration of the payment of premium, it is agreed for claims occurring and reported after 7/1/98, that the following amendments / additions apply: Section III — Persons and/or Entities Covered, is amended to include any person(s) or organization(s) when required in a written contract or agreement to provide coverage but only for Personal Injury or Property Damage liability which: a. is covered by this Memorandum of Insurance; and b. arises out of 1. the normal course of the Named Covered Party's operations; or 2. ownership, maintenance or use of that part of the premises or land rented to or leased to and occupied by, the Named Covered Party; or 3. work performed for that Covered Party by the Named Covered Party; or 4. that Covered Party's financial control of the Named Covered Party; or 5. the maintenance, operation or Use by the Named Covered Party of any equipment or Automobile leased to you by such person(s) or Organization(s). 2. The limits of coverage afforded to such person(s) or organization(s) will be: a. the minimum limits of coverage which the Named Covered Party agreed to provide; or b. the limits of coverage of this Memorandum of Insurance, whichever is less. 3. Coverage provided under this Endorsement may be primary over any applicable insurance, and the Authority may provide a notice of cancellation if requested. 4. Coverage provided under this Endorsement expires: a. when the written contract or agreement ceases; or b. when the Named Covered Party ceases to be a tenant in the premises. Attached to and forming part of Contract number SDC 0025 of the San Diego Pooled Insurance Program Authority Memorandum of Insurance. Dated at: Newport Beach this 19 day of Au tot , 2010. By: —= s thorized Representative GA_Clint Files\San Diego Ponied Insurance Program Authority (SANDPIPAPSaedpipa\Sd-Liability\Sd-Liabcer'\I0-I I_ Sd-Pool-Al-enddoc CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 7, 2010 AGENDA ITEM NO.1[2 EM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to enter into an agreement with Disney Destinations, LLC dba Disney Destinations Sales for the online sale and purchase of discounted Disneyland Resort tickets to City of National City employees. PREPARED BY: Stacey Stevenson DEPARTMENT: an Re . . ces PHONE: 336-4308 APPROVED EXPLANATION: This agreement authorizes the City to make discounted Disneyland Resort tickets available to City of National City employees via the City's intranet site. The establishment of the intranet link would be coordinated by the City's Management Information Systems (MIS) division with the ticket sales program administered by the Human Resources Department. There is no direct cost to the City. FINANCIAL STATEMENT: N/A ACCOUNT NO. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the resolution BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: ;neyland Resort Online Ticket Sales Agreement RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH DISNEY DESTINATIONS, LLC, DBA DISNEY DESTINATIONS SALES FOR THE ONLINE SALE AND PURCHASE OF DISCOUNTED DISNEYLAND RESORT TICKETS TO CITY OF NATIONAL CITY EMPLOYEES WHEREAS, certain of Disney's related and affiliated companies are in the theme park and resort business, including, but not limited to, the ownership and operation of the entertainment, recreation, and lodging complex located in Anaheim, California known as the Disneyland Resort, which includes Disneyland Park, Disney's California Adventure Park, the Disneyland Hotel, Disney's Paradise Pier Hotel, Disney's Grand Californian Hotel, and related facilities (hereinafter "Disneyland Resort"); and WHEREAS, the City desires to enter into an agreement with Disney Destination Sales for online sale and purchase of discounted Disneyland Resort tickets available to City of National City employees through the City's intranet site, at no cost to the City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Online Ticket Sales Agreement with Disney Destinations Sales for the online sale and purchase of discounted Disneyland Resort Tickets to City of National City employees. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 7th day of September, 2010. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney DISNEY DESTINATIONS, LLC DBA DISNEY DESTINATIONS SALES DISNEYLAND®RESORT ONLINE TICKET SALES AGREEMENT This 2010 Disneyland® Resort Online Ticket Sales Agreement (hereafter, "Agreement") for the sale and purchase of Disneyland® Resort tickets (hereafter, individually "Ticket" and collectively "Tickets") is made and entered into as of July 07, 2010, ("Effective Date"), by and between City of National City (hereafter, "Company") located at 140 E. 12th'Street, Suite A, National City, CA, 91950, and Disney Destinations, LLC, (hereafter, "Disney") located at 1150 West Magic Way, Anaheim, 'California, 92803-3441, each singularly a "party" and together the "parties" to this Agreement subject to the following terms and conditions. RECITALS WHEREAS, certain of Disney's related and affiliated companies are in the theme park and resort business, including but not limited to, the ownership and operation of the entertainment, recreation, and lodging complex located in Anaheim, California known as the Disneyland® Resort, which includes Disneyland® Park, Disney's California Adventure ' Park, the Disneyland° Hotel, Disney's Paradise Pier® Hotel, Disney's Grand Californian Hotel® and related facilities (the "Resort"); and, WHEREAS, Disney agrees to make available to the Company through Disney's Online Ticket 'Store (defined hereinbelow), and Company agrees to publicize and promote the Tickets' availability for sale from Disney to Company's employees (or if Company is a club or membership organization, only to Company's employees and members; or if Company is a school, only to Company's school employees and students/alumni) Tickets per the net rates ("Net Rates") identified in Exhibit A, attached hereto and fully incorporated herein by this reference, per the terms and conditions -contained in this Agreement. NOW, THEREFORE, for the mutual covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree to the following: TERMS AND CONDITIONS 1. TERM. The term of this Agreement shall commence on the Effective Date, and continue until either party terminates this Agreement, with or without cause, by providing the other party with thirty (30) days prior written notice. hi addition, Disney may terminate this Agreement immediately for cause by giving notice to Company pursuant hereto. 2. CONDITIONS OF SALE. Disney shall make available to Company through Disney's Online Ticket Store and Company agrees to publicize and promote the Tickets' availability for sale from Disney only to Company's employees residing in Zip codes 90000 through 93599 having a valid Company employer I.D., or, if Company is a club or membership organization, only to Company's employees and members having a valid Company employee I.D. or a valid Company member I.D. , or, if Company is a school, only to school employees and students/alumni having a valid school employee or student/alumni LD. (collectively "Eligible Persons"), the Tickets per the type of Tickets and per the Net Rates shown on (i) Exhibit A attached hereto and fully incorporated herein by this reference, and pursuant to the Ticket Net Rates ("Ticket Net Rates") attached hereto and fully incorporated herein by this reference as Exhibit A. attached hereto and fully incorporated herein by this reference. Company agrees to permit its Eligible Persons to purchase a maximum of no more than eight (8) tickets per individual per month... (A) The parties acknowledge and agree that restrictions may apply to Tickets, if any, obtained under this Agreement (B) The Net Rates contained in Exhibit A are subject to change in Disney's sole and absolute discretion at any time, with or without notice without further obligation or liability by Disney. Company acknowledges that all attractions and entertainment, prices, types and features of Tickets and special offers and events, and age ranges, are all subject to change without notice in Disney's sole and absolute discretion, as agreed to by Company pursuant to the Disney Days Online Pricing Sheet attached hereto as Exhibit A. In accordance with the foregoing, pricing (Net Rates) are not guaranteed for the length of this Agreement, Disney reserves the right to increase the Net Rates for the Tickets (tickets prices) at any time without notice. Payment for "Tickets" (and more specifically described in Exhibit A hereinbelow) shall be due and payable by Company's employees/members/students/alumni to Disney at the time of purchase from Company's Online Ticket Store. Tickets lost and/or stolen while in the possession of Company's employees/members/students/alumni shall be deemed "sold" by Company for purposes of determining payments to Disney hereunder. City of National City 2010 Disney Days Ticket Sales Agreement (Contract type: DD on-line only contract) Page I Payment for Tickets purchased by Company's employees/members/students/alumni pursuant to Exhibit A shall be in United States Dollars, by credit card. The following credit cards are acceptable: Visa, American Express, the Disney Credit Card, Disney Gift Card, MasterCard or Discover Card. (C) The sale of Tickets to Company's employees/members/students/alumni, if any, through Company's Online Ticket Store shall be consummated in Orange County, California. Disney shall be solely and exclusively responsible for the determination and selection of the manner of delivery of the Tickets to Company's employees/members/students/alumni and shall be solely responsible for any loss and damage, if any, of the Tickets while the Tickets are in the possession of Disney and/or the delivery method and/or personnel selected by Disney for delivery of Tickets to Company's employees/members/students/alumni. Company's employees shall be solely and exclusively responsible for the manner of delivery of all Tickets returned to Disney and shall be solely and exclusively responsible for any Loss and/or damage of the Tickets while the Tickets being returned are in possession of Company's employees and/or the delivery method and/or personnel selected byCompany's employees for return delivery of the Tickets to Disney. 3. ONLINE TICKET STORE DESCRIPTION OF SERVICES. Disney operates an Online Ticket Store, as described in greater detail below (the "Online Ticket Store") that allows eligible end -users to purchase the types of Disneyland® Resort tickets set forth on Exhibit A attached hereto and as updated by the parties from time to time (collectively, "Tickets") online. The Online Ticket Store requires some technical setup to ensure correct, traceable access by Company to the Online Ticket Store, and to ensure only valid partners and their qualified employees and members have access to the Online Ticket Store. Such setup includes without limitation, upon Disney's request, Company providing Disney with Company's IP address range, Company placing a link to the Online Ticket Store provided by Disney on Company's intranet and secure member -only site on Company's Intranet Website (collectively, the "Website") and, if requested by Disney, Company inserting code provided by Disney onto Company's Intranet Website to assist. Disney with tracking access to and usage of the Online Ticket Store. The parties hereby agree to the following with respect to the Online Ticket Store: (A) ONLINE TICKET STORE — COMPANY'S OBLIGATIONS. During the term of the Agreement, Company will place links to the Online Ticket Store url using the text links and promotional images provided by Disney (collectively, the "Disney Content") on pages within Company's Intranet Website approved by Disney in advance in Disney's sole discretion (collectively, the "Approved Pages"). Prior to using any of the Disney Content on Company's Intranet Website, Company must submit mock-up .screenshots of the page(s) in which Company proposes to place the Disney Content to Disney Tor review via email to Richard C. Ruescher, Manager — Corporate and Military Ticket Sales. Company may not post or cause any Disney Content (including but not limited to links to the Online Ticket Store) to go live within Company's Intranet Website until Company receives written approval of the mock-up screenshots, and Company may only use the Disney Content in the manner set forth in the approved mock-up screenshots. Without limiting the foregoing, (i) in no event shall Company use any Disney Content for any publication, exhibition, promotion or any other use whatsoever, nor shall Company display or transmit any Disney Content in any form or manner, other than as expressly set forth in this Agreement; (ii) Company's use of such Disney Content shall be subject to Section 4(iv) of the Agreement and (iii) Disney shall retain all right, title and interest in and to the DisneyContent and the Online Ticket Store, including, without limitation, all associated rights under the laws of copyright, trademarks and patents, and Company agrees not to challenge the validity of Disney's ownership thereof. Company agrees that it will not, and will not permit any third party to, (i) sell, transfer, lease, license or sublicense any of the rights granted under this Agreement; (ii) decompile, disassemble, or otherwise attempt to derive source code from the Online Ticket Store or any portion thereof; or (iii) allow access to the Online Ticket Store to any third party other than as expressly permitted in this Agreement Subject to Company's obligations pursuant to this Agreement, as between the parties, Company is solely responsible for the development, maintenance and operation in its sole discretion of all aspects of Company's Intranet Website. (B) ONLINE TICKET STORE — DISNEY OBLIGATIONS. During the term of the Agreement, Disney will operate the Online Ticket Store in order to allow Eligible Persons (as defined in Section 2 above) to purchase Tickets online. Initially, Eligible Persons will be permitted to purchase up to eight (8) Tickets per calendar month, but Disney has the right to change its policies regarding the number of Tickets purchasable by Eligible Persons at any time in its sole and absolute discretion without notice. Tickets purchased by Eligible Persons through the Online Ticket Store will be for the personal use of such Eligible Persons and immediate family and friends will be subject to the terms and conditions of Section 2 of the Agreement, and such Tickets shall not be assignable or available for resale or transfer of any kind. Subject to the terms and conditions of this Agreement, Disney hereby grants Company a fully paid -up non- exclusive worldwide license to display the Disney Content on Approved Pages solely for the purpose of allowing Eligible Users to access and use the Online Ticket Store. Company agrees that it shall acquire no right, title or interest in or to the Disney Content, the Online Ticket Store, or any portions thereof, except for the licenses expressly granted City of National City 2010 Disney Days Ticket Sales Agreement Page 2 (Contract type: DD on-line only contract) herein. Company acknowledges and agrees that, as between the parties, Disney is solely responsible for the development, maintenance and operation in its sole discretion of all aspects of the Online Ticket Store, including the appearance, content, format and functionality. Without limiting the foregoing, Disney shall be responsible for (a) processing and fulfilling all orders made through the Online Tieket Store, and (b) all customer service and support with respect to such orders. (C) DISNEY PRIVACY POLICY AND TERMS OF USE. Eligible Users may be requited to register with Disney prior to entering the Online Ticket Store site. Access and use of the Online Ticket Store by Eligible Persons will be subject to the conditions and restrictions set forth in this Agreement and in the Agreement and Disney's then- current terms of use (which will be posted within the Online Ticket Store site). Disney's collection and use of any personally identifiable information in operating the Online TicketStore will be subject to Disney's then -current privacy policy (which will be posted within the Online Ticket Store site). Disney's current privacy policies and website terms of use can be accessed at htto://disney.go.com/corporate@ivacylpo wdig.htmL All data and information regarding the access and use by Eligible Users of the Online'Ticket Store collected by Disney will be the sole property of Disney and Disney shall not be obligated to share or disclose any such information with Company, except if and to the extent expressly provided hereunder. (D) COMPANY ASSISTANCE IN -.CONNECTION WITH IMPERMISSIBLE USES OF ONLINE TICKET STORE. Without limiting any rights or remedies otherwise available to Disney, if Disney becomes aware of or suspects any unlawful use of the Online Ticket Store by Company or any of its employees, contractors, partners or agents, or any use in violation of this Agreement or Disney's terms of service (collectively, "Impermissible Uses"), (i) Disney may request, and Company shall promptly provide, reasonable cooperation and assistance from Company in ceasing and investigating such Impermissible Uses, and (ii) Disney may immediately suspend or terminate the provision of services via the Online TicketStore to any or all of Company's Eligible Persons. (E) PUBLICITY. Company adgreesto use its best efforts to make its employees, members and/or students/alumni aware of the new Online Ticket Store, including, but not limited to, a quarterly marketing effort to publicize and promote the sale of Tickets to its employees and/or members pursuant toSection 4 of the Agreement. (F) DISCLAIMER OF WARRANTIES. THE ONLINE 'PICKET STORE AND THE SERVICES PROVIDED THEREBY ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DISNEY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. DISNEY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE ONLINE TICKET STORE WILL BE UNINTERRUPTED OR ERROR -FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ONLINE TICKET STORE OR THE SERVERS THAT MAKE THE ONLINE TICKETSTORE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DISNEY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF TIIE USE OF THE ONLINE TICKET STORE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, SECURITY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY. (G) NO COMMISSIONS. The Online Ticket Store is provided by Disney to Company at no cost, and Disney shall not be obligated to pay Company or its employees, contractors, partners or agents any commissions or compensation whatsoever pursuant to this Agreement. (H) REPORTING. Within thirty(30) days after the last day of March, June, September and December, Disney shall provide Company a report setting forth (i) the total number of Tickets sold to Company's Eligible Parsons in the most recent quarter and the total gross sales represented by the sale of such Tickets, and (ii) the total number of each class of Tickets sold to Company's Eligible Persons in such quarter and the total gross sales represented by the sale of such Tickets. All information set forth in these reports will constitute "Confidential Information" of Disney. 4. PROMOTION. Company agrees to work with the Disney Sales Manager to develop a quarterly marketing effort to publicize and promote the sale of Tickets to its employees, members and/or students/alumni only as follows: (i) All promotional, marketing, and/or advertising materials of whatever nature that mention the name "Disneyland° Park","Disneyland Resort", "Disney's California Adventure" Park", "ABC", "ESPN", or the name "Disney" (or any variation thereof), or that contain any copyrighted works of art, fanciful characters, and/or other City of National City 2010 Disney Days Ticket Sales Agreement Page 3 (Contract type: DD on-line only contract) copyrighted and/or registered materials of Disney, its parent company, and/or any of its related, affiliated and subsidiary companies, and/or that otherwise advertiseand/or promote the sale of Tickets, must either be provided by or approved by Disney in its sole and absolute discretion, in writing, in advance. All such material shall comply with, without limitation, Disney's Copyright & Trademark Guidelines, together with any other requests and/or guidelines pertaining to protection of copyright and/or other Disney intellectual property communicated by Disney to Company. Company agrees to be bound by and abide by any such guidelines and/or requests by Disney. In addition, the scope, duration and method .of Company's advertisement and promotion of the Tickets must be approved by Disney in its sole and absolute discretion, in writing, in advance. (ii) Other than "consolidators" through whom Disney may choose to do business, Company shall not permit any third party to promote and/or advertise the sale of Tickets without the prior written approval of Disney, which approval Disney may grant or withhold in its sole and absolute discretion. (iii) Company shall prominently display advertising materials provided and/or approved by Disney in visible locations in Company's facilities mutually acceptable to Company and Disney. (iv) Except as_provided above, Company shall acquire no right under this Agreement to use, and shall not use, the names "Disneyland' Park", the "Disneyland' Resort", "Disney's California Adventure® Park", "ABC", or "ESPN", or the name "Disney" (either alone or in 'conjunction with or as part of any other work or name), or any fanciful characters, trademarks, trade names or designs of Disney, its parent company, or any of its related, affiliated, or subsidiary companies: (i) in any of its advertising, publicity, and/or promotion; (ii) to express or imply any endorsement by Disney, its parent company, or any of its related, affiliated or subsidiary companies of Company's services or products; or, (iii) in any other manner or for any other purpose whatsocver(whether or notsimilarto uses prohibited hereunder) without the prior written consent of Disney, which consent Disney may grant or withhold in its sole and absolute discretion. (v) Company shall not alter nor permit to be altered any promotional materials, advertising or Ticket media famished to Company by Disney. All such promotional and advertising materials shall be promptly returned to Disney upon the termination of this Agreement. The provisions of this Section 4 shall survive, indefinitely, the expiration or earlier termination of this Agreement. 5. TERMINATION. Either party may terminate this Agreement for any reason by giving the other party thirty (30) days written notice of termination. Disney may, without affecting any other rights or remedies Disney may have against Company and/or any other party, terminate this Agreement immediatelyupon written notice to Company if: (i) Company shall breach any term and/or condition of this Agreement including, but not limited to,' misuse of Disney copyrighted material; and/or, (ii) any misuse of any Disney Ticket media, whether or not related to this Agreement Nothing contained in this Section -5 shall prejudice any other rights and/or remedies Disney may have against Company and/or any other party. EFFECTS OF TERMINATION ON ONLINE TICKET STORE. In addition to the effects of termination provided elsewhere in this Agreement, upon termination or expiration of the Tenn or Renewal Term, if applicable, whichever first occurs: (a) Company shall immediately cease and discontinue (i) using or displaying the Disney -Content or any other links or images relating to the Online Ticket Store within Company's Intranet Websitc, and (ii) marketing the Online Ticket Store and (iii) using or accessing, or allowing its employees and members to use or access, the Online Ticket Store. (b) Disney may fulfill or cancel the purchase of Tickets from the Online Ticket Store, at Disney's sole discretion. 6. INDEMNIFICATION. Company shall indemnify, defend (with counsel reasonably acceptable to Disney), and hold harmless Disney, its parent, and their related, affiliated and subsidiary companies and the officers, directors, agents, employees and assigns of each, from and against any and all claims, demands, suits, judgments, losses and expenses of any nature whatsoever (including, without limitation, attomeys' fees, costs of court, and the costs and expenses of other professionals) (collectively, "Damages") arising out of in relation to and/or in connection with (i) the sate of Tickets by Company to its employees and/or members; (ii) the purchase of Tickets by Company's Eligible Persons pursuant to this Agreement; and/or (iii) any breach by Company of any of its representations, warranties and/or obligations herein; and/or (iv) from any unlawful, negligent and/or otherwise wrongful act and/or omission of -Company, its officers, directors, employees and/or agents. City of National City 2010 Disney Days Ticket Sales Agreement (Contract type: DD on-line only contract) Page 4 Disney shall indemnify, defend (with counsel reasonably acceptable to Company), and hold Company harmless from and against any Damages arising out of the breach by Disney of any representation, warranty and/or obligation of Disney in connection with the Tickets, or from an unlawful, negligent and/or otherwise wrongful act and/or omission of Disney, its officers, directors, employees and/or agents. The indemnities of this Section 6 and contained elsewhere in this Agreement shall survive, indefinitely, the expiration or earlier termination of this Agreement, shall not be limited to the amount of insurance maintained by the indemnifying party, and shall extend to claims occurring after this Agreement has expired or terminated as well as white this Agreement is in force. 7. NO ASSIGNMENT. This Agreement may not be assigned by Company in whole or in part without the written consent of Disney, which consent Disney may grant or withhold in its sole and absolute discretion. A merger of -Company into another company and/or.transfer of a controlling interest in Company shall be deemed an assignment hereunder. 8. NO WAIVER The failure of either party to object to or take affirmative action with respect to any conduct of the other party which is in violation of the terms hereof, shall not be Construed as a waiver thereof, nor of any subsequent breach or wrongful conduct. 9. NOTICE. All notifications must be in writing and addressed to the parties as follows: To Disney: With a copy: Disney Destinations, LTC dba Disney Destinations Saks 1150 West Magic Way DRC 2 d Floor Anaheim, California 92803-3441 Attn: Mary Ann Waters Senior Sales Manager Telephone: 714-956-6734 Fax: 714-284-6373 Disneyland® Resort Office of'Counsel 700 W. Ball Road Anaheim, California 92802 Attn: General Counsel Telephone: 714-781-7848 Fax: 714-781-4017 To Company: City of National City 140 E. 12th Street, Suite A National City, CA 91950 Attn: Lizza Rojas Telephone: 619-3364300 Fax: 619-336-4303 10. GOVERNING LAW. This Agreement is made in and shall be governed by, interpreted, and construed in accordance with the codified and common laws of the State of California without regard to' conflicts of law principles. 11. DETERMINATION OF DISPUTES. Any legal proceeding of any nature brought by either party against the other to enforce any right and/or obligation under this Agreement, and/or arising out of any matter pertaining to this Agreement, shall be submitted for trial, without jury, before the Superior Court in and for Orange County, California; or, if the Superior Court does not have jurisdiction, then before the United States District Court for the Central District of California; or, if neither such courts shall have jurisdiction, then before any other court sitting in Orange County, California, having subject matter jurisdiction for trial and determination by the court without a jury. The parties hereby consent and submit to the jurisdiction of any such court and agree to accept service of process outside the State of California in any matter to be submitted to any such court pursuant hereto, and expressly waive all rights to trial by jury regarding any such matter. 12. CONFIDENTIAL INFORMATION. Except as may be required by law, Company agrees not to disclose the terms and conditions of this Agreement to any third party (other than Company's directors, officers, agents, employees and advisors, on an as needed, confidential basis). City of National City 2010 Disney Days Picket Saks Agreement (Contract type: DD on-line only contract) Page 5 13. .LIMIT OF LIABILITY. Except in the event of Disney's gross negligence or willful misconduct, Disney's liability to Company hereunder, if any, shall not exceed the amount of the monies paid to Disney by the Eligible Persons for the Tickets. IN NO EVENT SHALL DISNEY BE LIABLE TO COMPANY UNDER OR IN CONNECTION WITH THIS AGREEMENT FOR ANY LOSS OF PROFIT OR ANY OTHER COMMERCIAL DAMAGE, INCLUDING, WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DIRECT OR INDIRECT DAMAGES OF ANY . NATURE, FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, THE BREACH OF THIS A-GREEMENT OR ANY EXPIRATION OR, EARLIER TERMINATION OF THIS AGREEMENT, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND/OR STRICT LIABILITY) OR OTHERWISE, EVEN IF DISNEY HAS BEEN WARNED OF THE POSSIBILITY OF -SUCH DAMAGE OCCURRING. THE PROVISIONS OF THIS'SECTION 7 SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 14. REPRESENTATIONS AND WARRANTIES OF COMPANY. Company covenants, represents and warrants as follows: a. Company is a corporation, duly organized, validly existing and in,good standing under the laws of the -State of California. Company has the requisite power and authority to execute and deliver this Agreement and the • documents and instruments contemplated hereby, and to perform and comply with all of the terms and covenants to be performed and complied with by Company hereunder and thereunder. b. Company has the requisite power and authority to execute, deliver, and perform this Agreement and all other agreements to be executed and delivered by it hereunder or in connection herewith, and all necessary corporate action on the part of Company has been duly and validly taken to authorize the execution, delivery and performance of this Agreement and -such other agreements and instruments to be executed and delivered byCompany. This Agreement has been duly executed and delivered by Company and constitutes the legal, valid and binding obligation of Company enforceable against it in accordance with its terms. t. No consent, authorization, approval, order, license, certificate or permit of or from, or declaration or fling with, any federal, state, local or other governmental authority or any court or other tribunal, is required for the execution, delivery, and performance of this Agreement or any of the agreements or instruments contemplated hereby. Neither the execution, delivery, and performance of this Agreement and such other agreements and instruments (with or without the giving of notice, the lapse of time, or both) nor the consummation of the transactions contemplated hereby: (a) conflicts with any provision of any charter, certificate of incorporation (or similar document) or by-laws of Company; fb) conflicts with, results in a breach of, or constitutes a default under any applicable law, judgment, order, ordinance, decree, rule, regulation or ruling of any court or governmental instrumentality; or (c) results in a breach of or constitutes a default under or accelerates or permits the acceleration of any performance required by the terms of any agreement; instrument, license or permit to which Companyis a party or is subject. d. As of the date hereof, there is no claim, counter -claim, suit, arbitration, governmental investigation or other legal, administrative or tax proceeding, nor any order, decree or judgment, in progress or pending or, to Company's knowledge, threatened whichwould. impair Company's ability to perform in all material respects under this Agreement. e. No representation or warranty made by Company herein nor any certificate, document or other instrument furnished or to be furnished pursuant hereto contains or will contain any untrue statement of a material fact nor shall any representations and warranties omit any statement necessary in order to make any material statement contained herein or therein not misleading and all such representations and warranties shall be true as of the date hereof. 15. ENTIRE AGREEMENT. This Agreement constitutes the complete and fully integrated understanding between the parties with respect to transactions contemplated herein and supersedes all prior and contemporaneous agreements and statements, whether written and/or oral, express and/or implied, and no amendment and/or modification of this Agreement shall be binding unless set forth in a writing signed and delivered by both parties. City of National City 2010 Disney Days Ticket Sales Agreement (Contract type: DD on-line only contract) Page 6 Accepted and agreed to as of the Effective Date first written above: DISNEY DESTINATIONS, LLC DISNEY DESTINATIONS, LLC DBA DISNEY DESTINATIONS SALES DBA DISNEY DESTINATIONS SALES "DISNEY" "DISNEY" By (Signature): By (Signature): Printed Name: Richard C. Ruescher Printed Nance: Mary Ann Waters Title: Manager, 'Corporate and Military Ticket Sales Title: Senior Sales Manager Date: Date: CITY OF NATIONAL CITY "COMPANY" By (Signature): Printed Name: Mayor Ron Morrison Title: Mayor, City of National City Date: /aah City of National City 2010 Disney Days Ticket Sales Agreement (Contract type: DD on-line only contract) Page 7 EXHIBIT A 2010 TICKETS AND NET RATES 1. Parking Fees Not Included. Company agrees and acknowledges that parking fees ("Parking Fees") at the Disneyland® Resort are not included in the below Net Rates, and will be an additional charge to Company and/or Company's employees and/or members ("Individual Motorists"). Disney shall, subject to availability, provide parking spaces for vehicles at the then current standard Parking Fees which are to be paid by the Individual Motorists. (Parking Fees are currently Fourteen Dollars ($14.00) per car and Twenty -Five Dollars ($25.00) per bus.) All Parking Fees are subject to change without notice. 2. Types and Rates of Tickets. The following types of Tickets, and their Net Rates offered to Company by Disney pursuant to this Agreement are as follows: DISNEY TICKETS: (A) Standard Tickets (1 Dav/lPark): Expiration date: January 3, 2011. Valid for Arrivals: From January 5. 2010 through January 3. 2011. Biockout Dates: March 21; June 21-22; July 4; August 22-23; October 9-10, 15-17, 22-23; November 12-13, 21-22; December 10-12,17-31, 2010 and January 1-2, 2011 Admissions Valid Park Ticket Type Net Rate Expiration of Ticket 1-Day One park only Guest Ages 10+ $67.00 Day of use 1-Day One park only Guest Ages 3-9 S59.00 Day of use (11) Disneyland® Resort 1-Day Park Hopper® Tickets: Valid for Arrivals: From April 25.2010 through January 3.2011 Admissions Valid Park Ticket Type Net Rate Expiration of Ticket ,. 1-Day Both Guest Ages 10+ $82.00 Day of Use I -Day Both Guest Ages 3-9 $74.00 Day of Use (C) Disneyland® Resort 2-Dav Park Hopper® Tickets Valid for Arrivals: From January 5. 2010 through January 3. 2011, inclusive. (Expiration: January 3, 2011, to allow for thirteen (13) day"fuse" period for use of second admission). Ticket is non -transferable. Admissions Valid Park Ticket Type Net Rate Expiration of Ticket 2-Day Both Guest Ages 10+ $128.00 January 3, 2011 2-Day Both Guest Ages 3-9 $110.00 January 3, 2011 Complimentary Tickets. One (1) comp imentary 1-Day/1-Park Disney Days Ticket ("Ticket") will be offered on the 'Standard Tickets (1-Day/]Park) and the Disneyland® Resort 2fer Tickets orders to the Company for every one hundred (100) Tickets purchased by Company and one (I) complimentary 1-Day Park Hopper® Disney Days Ticket ("Ticket") will be offered on the 1- Day Disneyland® Resort Park Hopper® and 2-Day Disneyland® Resort Park Hopper® Tickets orders to the Company for every one hundred (100) Tickets purchased by Company pursuant to this Agreement, if any. Orders cannot be combined. Complimentary Ticketscannot be exchanged for cash and -Company may not resell such complimentary Tickets to any person or entity. (D) Disneyland® Resort Annual Passports: Valid for Arrivals: From January 5.2010 through January 3, 2011. For Blockout Dates see www.disnevland.com. Admissions Valid Park Ticket Type Net Rate . Expiration of Ticket So. Cal. Select Annual Passport ' Both Guest Ages 3+ $160.55 Must be activated by January 3, 2011 So. Cal. Annual Passport Both Guest Ages 3+ $208.05 Must be activated by January 3, 2011 Deluxe Annual Passport Both Guest Ages 3+ $284.05 Must be activated by January 3, 2011 Premium Annual Passport Both Guest Ages 3+ $417.05 Must be activated by January 3, 2011 . City of National City 2010 Disney Days Ticket Sales Agreement (Contract type: DD on-line only contract) Page 8 (E) Disnevlando Resort 3-Day Summer Pass Tickets Valid for Arrivals: From June I1. 2010 through August 29. 2010 inclusive. (Expiration: October 12, 2010, to allow for thirteen (45) day "fuse" period for use of second admission). Ticket is non -transferable. Admissions 3-Day Valid Park Both Ticket Type Guest Ages 3+ Net Rate $102.60 Expiration of Ticket October 12, 2010 TICKET IS BLOCKED OUT 7/2/10 — 7/4/10 and 8/22/10 —8/23/10. Tickets valid only for Southern Califomia residents within. ZIP codes 90000-93599 and proof of residency are required for admission. The Summer Pass is valid for three (3) I - day, 1-park admissions to either Disneyland® or Disney's California Adventure® park, but not to both parks on the same day. Tickets are valid 45 days from first use. First use must occur between 6/11/10 through 8/29/10. Each day of use constitutes one full day of use. May purchase up to 8 tickets per person per day with valid ID. Tickets may not be sold or transferred for commercial use. Offer may not be combined with other discounts or promotions. Ticket not valid before 6/11110. Subject to restrictions and change without notice. (F)Disnevlandw Resort 3-Day Summer Pass Plus Tickets Valid. for Arrivals: From June 1L 2010 through August 29.2010 inclusive_ (Expiration: October 12, 2010, to allow for thirteen (45) day "fuse" period for use of second admission). Ticket is non -transferable. Admissions 3-Day Valid Park Both Ticket Type Guests Ages 3+ Net Rate $122.55 Expiration of Ticket October 12, 2010 TICKET IS BLOCKED OUT 7/2/10 — 7/4110 and 8/22/10 — 8/23/10. Tickets valid only for Southern'California residents within ZIP codes 90000-93599 and proof of residency is required for admission. The Summer Pass Plus is valid for three <3) days of admission to both Disneyland® and Disney's California Adventure® park, including visits to both parks on the same day. Tickets are valid 45 days from first use. First use must occur between 6/11/10 through 8/29/10. Each day of use constitutes one full day of use. May purchase up to 8 tickets per person per day with valid ID. Tickets may not be sold or transferred for commercial use. Offer may not be combined with other discounts or promotions. Ticket not valid before 6/11/10. -Subject to restrictions and change without notice. City of National City 2010 Disney Days Ticket Sales Agreement (Contract type: DD on-line only contract) Page 9 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 7, 2010 AGENDA ITEM NO. 13 'EM TITLE: Resolution of the City Council of the City of National City authorizing access to State and Federal level summary criminal history information for employment (including volunteers and contract employees) PREPARED BY: Lilia Munoz PHONE: 336-4309 EXPLANATION: DEPARTMENT: APPROVED B Resourc In order to comply with Assembly Bill AB 346 "The Conway Bill" that took effect on July 1, 2010, the City is required to adopt a resolution with the Department of Justice (DOJ) to transmit fingerprints to the Federal Bureau of Investigation (FBI). The bill requires that all Library WINGS staff to be fingerprinted and cleared with the Department of Justice and FBI. Prior to July 1, 2010, the staff was only required to receive clearance from the Department of Justice. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: The annual cost of fingerprinting WINGS personnel is estimated to increase by $850. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Recommend approval of resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: ssolution RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING ACCESS TO STATE AND FEDERAL LEVEL SUMMARY CRIMINAL HISTORY INFORMATION FOR EMPLOYMENT (INCLUDING VOLUNTEERS AND CONTRACT EMPLOYEES) WHEREAS, Penal Code Sections 11105(b)(11) and 13300(b)(11) authorize cities, counties, districts, and joint powers authorities to access state and local summary criminal history information for employment, licensing, or certification purposes; and WHEREAS, Penal Code Section 11105(b)(11) authorizes cities, counties, districts, and joint powers authorities to access federal level criminal history information by transmitting fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation; and WHEREAS, Penal Code Sections 11105(b)(11) and 13300(b)(11) require that there be a requirement or exclusion from employment, licensing, or certification based on specific criminal conduct on the part of the subject of the record; and WHEREAS, Penal Code Sections 11105(b)(11) and 13300(b)(11) require the city council, board of supervisors, governing body of a city, county, or district or joint powers authority to specifically authorize access to summary criminal history information for employment, licensing, or certification purposes. NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of National City does hereby authorize access to state and federal level summary criminal history information for employment (including volunteers and contract employees) purposes, and may not disseminate the information to a private entity. BE IT FURTHER RESOLVED that the City of National City shall not consider a person who has been convicted of a violent or serious felony or misdemeanor eligible for employment (including volunteers and contract employees), that such conviction may be disregarded if it is determined that mitigating circumstances exist, or that the conviction is not related to the employment, volunteer, or contract in question, when and as required by law. PASSED and ADOPTED this 7th day of September, 2010. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Della, City Clerk Claudia G. Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: AGENDA ITEM NO. 14 M TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute a one-year agreement in the amount of $4,965 per month between the City of National City and Claims Management Associates, (CMA) Inc. to provide liability claims adjusting and risk management services to the City of National City. PREPARED BY: Leslie Deese, Asst City Manager PHONE: 619-336-4240 EXPLANATION: See Attached DEPARTMENT: City Manager APPROVED BY: FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. 627-403-081-213-0000 APPROVED: Finance MIS By utilizing the services of CMA and by not filling the full-time benefited Risk Manager position, the City will realize ongoing savings of approximately $72,000 a year in salary and benefits. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1) Resolution 2) Agreement 3) Claims Management Associates, Inc. Bio Staff Report The City of National City has implemented a variety of cost savings and efficiencies to contain costs and create ongoing savings. To continue that effort, in January 2010, the City began contracting with Claims Management Associates, Inc. (CMA) on a trial basis to provide consulting services on liability claim adjusting, workers compensation and risk management. For the past eight months, CMA associates Edward Garbo and Don Dodson have provided a superior quality of these services to the City of National City. Accordingly, the City Manager's Office is requesting that CMA's relationship with the City be approved for a one year period in the amount of $4,965 per month or $59,580 annually. Approval of the Agreement not only provides for efficiency and continuity in providing risk management services, but furthers the City Council's goal of fiscal sustainability. By utilizing the services of CMA and by not filling the full-time benefited Risk Manager position, the City will realize ongoing savings of approximately $72,000 a year in salary and benefits. The Risk Management Division administers the City's self -insured Workers' Compensation and Liability programs and purchases property, fidelity and special event coverage. The Division adjusts all liability claims against the City, assists the City Attorney's Office in the defense of litigated claims, handles the City's first party property and subrogation claims and reviews contracts and permits for insurance compliance to meet City requirements, and also assists City departments with health and safety issues. Pursuant to the proposed Agreement, CMA would provide the following services to the City and the CDC: • Claim Adjusting Services — Adjusting services of up to 72 claims (including suffixes) per year. After 72 claims and upon approval of the City, each claim received after that will be billed on a time and material basis (see attached Exhibit A - Schedule of Fees for detail). As a point of reference, National City averages between 50-60 claims per year, or 150-180 over the last three years. • Workers Compensation & Risk Management Services — Workers compensation and risk management consultation for up to 29 hours per month or 350 hours per year of consulting work. If more than 29 hours of consulting work is required per month, the City, upon approval, will be billed on a time and material basis (see attached Schedule of Fees for detail). The 29 hours per month appears to be sufficient for normal program administration. If approved, the proposed agreement would retain the services of CMA through September 7, 2011. The agreement could be terminated by either party upon 30 days' written notice. CMA would also be responsible for the firm's expenses related to the performance of their duties, including normal travel, meals and mileage. The proposed agreement contains typical provisions requiring the Consultant to indemnify the City and the CDC for any loss or liability arising from their own negligence, and requiring the Consultant to furnish proof of professional liability, commercial general liability, automobile, and workers' compensation insurance coverage. RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A ONE-YEAR AGREEMENT IN THE AMOUNT OF $4,965 PER MONTH BETWEEN THE CITY OF NATIONAL CITY AND CLAIMS MANAGEMENT ASSOCIATES, INC., TO PROVIDE LIABILITY CLAIMS ADJUSTING AND RISK MANAGEMENT SERVICES TO THE CITY OF NATIONAL CITY WHEREAS, the City of National City desires to retain a consultant to provide liability claims adjusting and risk management services to the City of National City for a one-year term; and WHEREAS, Claims Management Associates, Inc., is well -experienced and skilled in providing such services desired by the City, and is willing to enter into an agreement to provide such services to the City in the amount of 4,965 per month. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a one-year agreement in the amount of $4,965 per month with Claims Management Associates, Inc., to provide consulting services with respect to liability claims adjusting and risk management services. Said agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 7th day of September, 2010. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney Ron Morrison, Mayor AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND CLAIMS MANAGEMENT ASSOCIATES, INC. THIS AGREEMENT is entered into this 7th day of September 2010, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and CLAIMS MANAGEMENT ASSOCIATES, Inc., a "CONSULTANT". RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide liability claims adjusting and risk management services. WHEREAS, the CITY has determined that the CONSULTANT is an experienced public agency liability claims handler and workers compensation/risk management professional and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY hereby agrees to engage the CONSULTANT and the CONSULTANT hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services required hereunder will be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit " A ". The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONSULTANT shall appear at meetings cited in Exhibit "A" to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 10% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Chris Zapata hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Edward Garbo thereby is designated as the Project Director for the CONSULTANT. 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on a monthly amount of $ 4,965 (four -thousand nine -hundred sixty-five dollars) covering work performed as outlined in Exhibit A and consistent with the fee schedule in Exhibit A. The total compensation shall not exceed $59,580, without prior written approval by the City Manager of the City of National City. 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. The term of this Agreement shall be for one (1) year from the date of the Agreement. The CITY may extend this Agreement on the same terms andconditions by way of an amendment extending the length of the agreement and increasing the not to exceed amount in Paragraph 4, upon approval of the City Council. 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 2 City's Standard Agreement — June 2008 revision disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to 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 employees of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or subCONSULTANTs, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its subCONSULTANT(s) shall require the subCONSULTANT to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT's employees except as herein set forth, and the CONSULTANT expressly agrees not to represent that the CONSULTANT or the CONSULTANT's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONSULTANT, its agents, servants, and employees are as to the CITY wholly independent CONSULTANTs and that the CONSULTANT's obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT, and each of its subCONSULTANT's, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 3 City's Standard Agreement —June 2008 revision 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a mariner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT's trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONSULTANT warrants to the 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. City's Standard Agreement — June 2008 revision The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 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 5 City's Standard Agreement — June 2008 revision contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and workers' compensation policies, shall name the CITY and its officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain,such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved approved by the CITY's City Attorney. 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, 6 City's Standard Agreement — June 2008 revision 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 30-day's written notice to the CONSULTANT. During said 30-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the 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,_nQt 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 ovemight 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: Chris Zapata, City Manager City of National City 1243 National City Boulevard National City, CA 91950-4301 Edward Garbo, President Claims Management Associates, Inc. 11777 Bernardo Plaza Court, Suite 201 San Diego, CA 92128 7 City's Standard Agreement — June 2008 revision Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ® 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 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. By: Ron Morrison, Mayor u)4 By: Edward Garbo (Print) APPROVED AS TO FORM: President Claudia Silva City Attorney By: Edward Garbo (Print) Secretary 9 City's Standard Agreement — June 2008 revision cma Claims Management Associates, Inc. May 6, 2010 City of National City 1243 National City Boulevard National City, CA 91950 EXHIBIT A Attention: Leslie Deese, Assistant City Manager RE: Revised Proposal for Liability Claims Adjusting and Risk Management Services Dear Ms. Deese: As we previously discussed, we are proposing a slight increase to the service contract beginning in July 1, 2010 should our contract be approved. We have added 4 hours per month of Risk Management fees to better reflect the actual time we are spending at the City. The attached updated fee schedule is attached. The monthly fee will increase slightly from $4,625.00 per month to $4,965.00. We look forward to our continued relationship with the City of National City. Sincerely, Edward Garbo Claims Management Associates License Number 2D53131 10755 Scripps Poway Parkway, Suite 501, San Diego, CA 92131 1 Phone (858) 592-6742 1 Fax (858) 592-6751 1 Tall Free (877) CMA-0101 1 Lic.# 2D53131 Claims Management Associates, Inc. Schedule of Fees — Flat Rate The flat rate service fee will be $2,500.00 per month, or $30,000.00 annually. This will include adjusting of up to 72 claims (including suffixes) per year. After 72 claims and upon approval of the City, each claim received after that will be billed on a time and material basis. This is to cover the occasional year in which the City receives substantially more claims than normal, or for a disaster claim involving many claimants. Workers Compensation & Risk Management Consultation The flat rate for Workers Compensation / Risk Management consulting will be $2,465.00 per month, or $29,580.00 annually for up to 29 hours per month or 350 hours per year of consulting work. If more than 29 hours of consulting work is required per month, the City, upon approval, will be billed on a time and material basis**. Time and Expense Rate The all-inclusive hourly rate will be $68.00* per hour and will include ALL of the following overhead expenses: ✓ Telephone Costs ✓ Office Expense ✓ Clerical work including word processing and stenography. ✓ Photocopies ✓ Mileage ✓ Photographs **Workers Compensation / Risk Management Consulting will be billed at $85.00 per hour. *Costs such as non -ordinary investigative services (sub rosa), independent medical examinations, professional engineering services, laboratory tests, professional photography, statement transcriptions and special delivery charges etc. will be billed at cost with copy of vendor invoice attached to client statement. These services will require prior client approval. Welcome To Claims Management Associates, Inc. Page 1 of 1 L A 1M S - 262- 0101 Pru,4-dincj you a Speedy, Accurate and Cost Effective on for your claims adjusting and claims management needs IANAGEMENT ASSOCIAl'ES,, INC, :Flome:About Us:Services:Contact us:claim Form: 10755 Scripps Poway Parkway, Suite 501 San Diego CA, 92131 Phone : 858.592.6742 Fax : 858.592.6751 Fully Insured and Bonded State License Number: 2D53131 http://www.cmaadjuster.corri/index.php 8/30/2010 About Claims Management Associates Page 1 of 1 rMg you a Speedy. Accurate and Cost Eflfe.i Live to=�; claims adjusting and claims mar. ;lenient needy,.. r. ,.; i i C l._ E•. INC. About Us Claims Management Associates, Inc. (CMA) was established in an effort to provide a superior level of customer service to our clients by providing them with a team of highly experienced adjusters that are compensated at a higher level than is typical in our business and utilizing processes that make managing claims effortless for the customer, yet keep them informed at all times. Our Claims Process Investigation Process Our adjusters will contact the claimants and insureds within 24 hours of assignment including weekends. The investigation begins by conducting in-depth interviews with the involved parties, scene investigations and collecting relevant information in order to complete a detailed investigative report and recommendation to the client. Client is provided a comprehensive captioned report within 30 days of assignment. Property Inspections Inspections are completed within 72 hours of assignment and can be done on an emergency basis within 3 hours if necessary. Emergency Access We are equipped for inbound emergency calls 24 hours a day 7 days a week. Estimates Property damage estimates are completed through our computerized estimating system with up- to-date pricing. Competitive bids are requested if necessary for comparison. Comprehensive Reporting For our claims administration clients, we offer an array of computerized reports including specialized loss runs in summary or detail, loss history reports by location, loss reports by type of loss and virtually any other type of report the client requests. Claims information is available to the client on a 24/7 basis through our on-line system and available for download into the client's database for budgeting and other purposes. Litigation Management Through dose working partnerships with outside counsel and aggressive bill review we will ensure that our clients receive competent legal representation at a fair cost. Claims Auditing Services CMA offers general liability auditing services for public as well as private entities. Other CMA offers index bureau reporting, background checks, digital loss photographs, proof of loss reports, excess claims monitoring and subrogation services. :Horne:About Us:Services:Contact Us:Claim Form: 10755 Scripps Poway Parkway, Suite 501 San Diego CA, 92131 Phone : 858.592.6742 Fax : 858.592.6751 Fully Insured and Bonded State License Number: 2053131 httn://www.cmaadiuster.com/about.nhn 8/30/2010 General Liability, Automobile Liability, Employment Practice Liability, Public Agency C... Page 1 of 1 Prdvidiric you a Speedy; Accurate a id Cost Ef. option for your claims adjusting and clai ENT ASSOCI, Our Services en ve ds. CMA speciallizes in the analysis, investigation, evaluation, negotiation and management of claims in the following areas: General Liability • Casualty Claims • Property Claims • Construction Defect Automobile Liability • Personal Lines • Commercial Lines • Heavy Truck Loss Employment Practice Liability • Wrongful Termination • Sexual Harassment • Discrimination Public Agency Claims Management • Government Tort Claims • Police and Civil Rights Claims • Wrongful Termination • Sexual Harassment • Discrimination :Home:About Us:Services:Contact US:Claim Form: 10755 Scripps Poway Parkway, Suite 501 San Diego CA, 92131 Phone : 858.592.6742 Fax : 858.592.6751 Fully Insured and Bonded State License Number: 2D53131 http://www.cmaadjuster.com/services.php 8/30/2010 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 7, 2010 AGENDA ITEM NO. 15 TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute an Employment Agreement between the City of National City and Claudia Silva for the position of City Attorney PREPARED BY: George H. Eiser, III f)4 DEPARTMENT: City Attorney PHONE: Ext. 4221 APPROVED BY. EXPLANATION: This Employment Agreement memorializes the terms and conditions of Claudia Silva's employment as City Attorney, effective July 20, 2010, the date of the appointment by the City Council. The Agreement sets forth the at -will status of her employment, a six-month severance provision, and reflects the salary and compensation approved by Resolution No. 2010-164. FINANCIAL STATEMENT: ACCOUNT NO. Funds are budgeted. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: iployment Agreement —solution RESOLUTION NO. 2010 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN EMPLOYMENT AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND CLAUDIA G. SILVA FOR THE POSITION OF CITY ATTORNEY WHEREAS, on June 22, 2010, the City Council appointed Claudia G. Silva the Acting City Attorney, effective July 1, 2010; and WHEREAS, on July 20, 2010, the City Council appointed Claudia G. Silva to the position of City Attorney, and established the salary and compensation by adopting Resolution No. 2010-164; and WHEREAS, the City Council desires to memorialize the terms and conditions of Claudia G. Silva's employment by setting forth the at -will status of her employment and a six- month severance provision in an Employment Agreement, which also reflects the salary and compensation approved by Resolution No. 2010-164. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby authorizes the Mayor to execute an Employment Agreement between the City of National City and Claudia G. Silva for the position of City Attorney. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 7th day of September, 2010. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, 111 Special Legal Counsel EMPLOYMENT AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND CLAUDIA G. SILVA This employment agreement is entered into this 20th day of July, 2010, by and between the City of National City, a general law city ("City") and Claudia G. Silva, an individual ("Employee") with respect to employment as the City Attorney for the City. RECITALS Whereas, pursuant to Government Code section 36505, the City Council of the City of National City appoints the City Attorney. Whereas, the City Council appointed Employee the Acting City Attorney, effective July 1, 2010 and the City Attorney, effective July 20, 2010. Whereas, the parties desire to set forth certain matters related to the terms and conditions of employment of Employee as the City Attorney for the City. TERMS OF EMPLOYMENT In consideration of the faithful performance of the provisions and covenants set forth herein, the City and Employee agree as follows: A. Duration of Employment Employee shall hold the appointive office of City Attorney at and during the pleasure of the City Council. Employee shall also serve as General Counsel of the Community Development Commission and Legal Counsel for the City of National City Parking Authority. B. Compensation Employee shall receive an annual salary in an amount established by City Council resolution. The annual salary is $180,000 through June 30, 2011 and $199,900 commencing July 1, 2011. Employer shall consider increases to salary on an annual basis, commencing July 1, 2012, based upon factors such as Employee's performance, salary surveys and other relevant factors. Employee shall receive benefits and other compensation, such as vacation, sick leave, executive leave, short term disability, long term disability, retirement, health and dental, and any other benefits and compensation, as determined and established by City Council resolution for executive employees and the position of City Attorney. Resolution 2002-109 set the most current benefits and other compensation for executive employees and City Attorney. Those benefits and other compensation were modified by Resolution 2009-37 eliminating the car allowance for City Attorney and by amendments to the Ca1PERS agreements increasing employee retirement contributions. The Employee's Employment Agreement City Attorney 1 contribution to the Ca1PERS employer -paid member contribution is established at 6% effective July 1, 2010, and 8% effective July 1, 2011. C. Separation 1. Severance. Upon City Council action to terminate Employee's employment, upon resignation in lieu of termination, upon request for resignation, or upon notice of potential termination by the City Council, the City shall pay to Employee severance based upon six (6) months of compensation, including salary, benefits, and other compensation accruing to Employee's employment as City Attorney, for the six month period. Such payment may be paid in a lump sum payment made on the effective date of termination or resignation, or a future date agreed upon by the parties. 2. Misconduct. Notwithstanding paragraph 1, above, the City shall not be obligated to pay severance if Employee is terminated because of a felony conviction, or a violation of law or serious violation of City personnel rules or policies constituting misconduct in office. 3. Voluntary Resignation The City shall not be obligated to pay severance if Employee voluntarily resigns without any action taken by City to terminate, initiate termination proceedings, or request resignation. A resignation to pursue other employment or professional opportunities does not obligate City to pay severance. 4. Notice of Voluntary Resignation Employee agrees to provide City thirty (30) days notice of voluntary resignation. D. Performance Employee covenants to perform the duties of the office of City Attorney in a good and professional manner as her full-time employment. Employee will not engage in any other employment in conflict with her employment with the City. E. Miscellaneous Provisions 1. The relationship between the parties is an employment relationship for public office and is exempt from the provisions of the Fair Labor Standards Act. National City. 2. The term City Council means the legislative body of the City of 2 Employment Agreement City Attorney 3. This agreement may be amended only by a writing executed by the parties. IN WITNESS hereof, the parties have executed this agreement by their signatures set forth below: ATTEST: Mike Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III Special Legal Counsel CITY OF NATIONAL CITY Ron Morrison, Mayor Employment Agreement City Attorney 3 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 7th, 2010 AGENDA ITEM NO. 6 EM TITLE: 'jWarrant Register #5 for the period of 07/28/10 through 8/03/10 in the amount of $5,455,377.63 PREPARED BY: 'K. Apalategui DEPARTMENT: PHONE: 619-336-4331 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 Mile of Cars Association 237563 $675,000.00 Health Net 237598 $ 70,435.08 Kaiser Foundation 237602 $144,999.72 FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Loan for FWY Sign Rehabilitation Health Insurance Aug 2010 Health Insurance Active Aug 2010 APPROVED: �a���— Finance APPROVED: MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $5,455,377.63 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: rrant Register #51 PAYEE BOARD OF EQUALIZATION BRENNTAG PACIFIC INC CITY OF SAN DIEGO COOPER'S PLUMBING & HEATING DAPPER TIRE COMPANY HD SUPPLY PLUMBING JJJ ENTERPRISES JUDD ELECTRIC MAINTEX INC NATIONAL CITY AUTO TRIM PACIFIC AUTO REPAIR PBS&J PRUDENTIAL OVERALL SUPPLY RUSS' BEE REMOVAL SAM'S ALIGNMENT SERVICE SAN DIEGO BMW MOTORCYCLES SDG&E MILE OF CARS ASSOCIATION .L FRESH PRODUCTS .3SI SECURITY BLACKIE'S TROPHIES AND AWARDS BONSUISSE INC BROADWAY AUTO GLASS CALBO CALIFORNIA BAKING CO. COUNTY OF SAN DIEGO DEAN'S WEST COAST RADIATOR HAMILTON MEATS & PROVISIONS HOME DEPOT/GECF KELLY EQUIPMENT L1 IDENTITY SOLUTIONS LEADS ONLINE OLIVER PACKAGING & PADRE JANITORIAL SUPPLIES INC PRIME SPORTS SALES & DESIGN PRO -EDGE KNIFE SAFETY-KLEEN STAPLES ADVANTAGE STRATACOM SUNGARD/PENTAMATION, INC. SYSCO SAN DIEGO TEMPLE OF THE HOLY SPIRIT iE FILIPINO PRESS JNUAL PROFESSIONAL BMI GENERAL LICENSING BUTTS CAPF CALIFORNIA LAW ENFORCEMENT WARRANT REGISTER # 5 8/3/2010 DESCRIPTION SALES TAX PERIOD 4/01/10 - 6/30/10 POOL CHEMICALS WASTEWATER TRANS & TREAT PLUMBING SERVICES TIRES FOR CITY FLEET PLUMBING MATERIALS ALARM MONITORING ELECTRICAL REPAIRS JANITORIAL SUPPLIES R&M CITY VEHICLES SMOG CERTIFICATION & REPAIRS PROVIDE SEWER BILUTAX ROLL MOP 45742 LAUNDRY SERVICE BEE REMOVAL FROM CITY PROP WHEEL ALIGNMENT R&M CITY VEHICLES FACILITIES GAS & ELECTRIC LOAN FOR FWY SIGN REHABILITATION FOOD FOR NUTRITION CENTER CITY-WIDE CARD ACCESS PROJECT MOP# 67727. METAL NAME TAGS DAIRY DELIVERY FOR NUTRITION REGULATOR TRAINING: CODE FUNDAMENTALS BREAD DELIVERY FOR NUTRITION OBSERVER SAFETY CLOTHING / PD RADIATOR MEAT DELIVERY FOR NUTRITION TRASH CANS ADJUSTABLE DRAG ARM INVESTIGATE SERVICES TRACK SERVICE PLUS LEADS ON-LINE HOME DELIVERED TRAYS JANITORIAL SUPPLIES FOR NUTRITION PORT AUTHORITY PIQUE SPORTSHIRT KNIFE SHARPENING SERVICES DISPOSAL OF HAZARDOUS WASTE MOP# 45704. OFFICE SUPPLIES INV# 1197017. STATIONARY SHELLS TECH SUPPORT FOR ENCOMPASS FOOD & CONSUMABLES FOR NUTRITION BL ADMIN REFUND DISPLAY ADVERTISING PESTICIDE SEMINAR REGISTER MUSIC LICENSING COTRACT FIRE INVESTIGATION 1A COURSE FIRE/LTD AUG 2010 PD/LTD AUG 2010 1/2 CHK NO DATE AMOUNT 237546 7/28/10 2,528.00 237547 8/3/10 1,877.45 237548 8/3/10 664.64 237549 8/3/10 340.00 237550 8/3/10 1,322.03 237551 8/3/10 417.94 237552 8/3/10 900.00 237553 8/3/10 650.00 237554 8/3/10 998.07 237555 8/3/10 416.08 237556 8/3/10 1,550.28 237557 8/3/10 11,202.50 237558 8/3/10 254.36 237559 8/3/10 175.00 237560 8/3/10 210.00 237561 8/3/10 591.90 237562 8/3/10 19,054.41 237563 8/3/10 675,000.00 237564 8/3/10 11,256.70 237565 8/3/10 41,011.25 237566 8/3/10 21.75 237567 8/3/10 1,363.26 237568 8/3/10 130.50 237569 8/3/10 300.00 237570 8/3/10 840.00 237571 8/3/10 96.00 237572 8/3/10 1,200.00 237573 8/3/10 3,571.64 237574 8/3/10 269.35 237575 8/3/10 540.31 237576 8/3/10 58.00 237577 8/3/10 10,602.00 237578 8/3/10 1,504.00 237579 8/3/10 1,133.33 237580 8/3/10 392.59 237581 8/3/10 92.00 237582 8/3/10 2,439.11 237583 8/3/10 102.42 237584 8/3/10 3,485.12 237585 8/3/10 850.00 237586 8/3/10 9,795.99 237587 8/3/10 10.50 237588 8/3/10 500.00 237589 8/3/10 400.00 237590 8/3/10 547.20 237591 8/3/10 172.00 237592 8/3/10 656.00 237593 8/3/10 1,774.50 PAYEE CITY OF CHULA VISTA DEPARTMENT OF JUSTICE EISER III HARRIS & ASSOCIATES INC HEALTH NET HEALTH NET HEALTH NET ILGIA KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS MALDONADO MUNICIPAL CODE CORPORATION PEREZ RELIANCE STANDARD ROBLES SAN DIEGO MIRAMAR COLLEGE N DIEGO MIRAMAR COLLEGE CFCA STILES THE LINCOLN NATIONAL LIFE INS WEST PAYMENT CENTER WIRED PAYMENTS DEUTSCHE BANK DEUTSCHE BANK THE BANK OF NEW YORK MELLON UNION BANK OF CALIFORNIA SECTION 8 HAPS PAYMENTS WARRANT REGISTER # 5 8/3/2010 DESCRIPTION SAN DIEGO CONSORTIUM TRAINIG NEW EMPLOYEE FINGERPRINT RETIREE HEALTH BENEFITS 8TH ST. CORRIDOR SMARTH GROWTH HEALTH INS H0067A AUG 2010 HEALTH INS AUG 2010 57135J HEALTH FULL NETWORK 57135A ILGIA INTR'L GANG CONFERENCE KAISER INS ACTIVE AUG 2010 KAISER RET INS AUG 2010 KAISER RET INS -COBRA JULY 2010 KAISER RET INS -COBRA JUNE 2010 DMV LICENSE REIMBURSEMENT MUNICIPAL CODE SUPPLEMENT #29 REFUND OF T&A FILING COSTS VTL AUG 2010 REFUND OF DEBRIS DEPOSIT REGIONAL OFFICERS TRAINING REGIONAL OFFICERS TRAINING SDCFCA MEMBERSHIP RENEWAL FIREFIGHTER PARAMEDIC EDUC LIFE & AD&D STD LTD AUG 2010 LIBRARY PLAN CHARGES 2005 TAB Payment 2004 TAB Payment 1999 TAB Payment GO BONDS PAYMENT - NC LIBRARY Start Date End Date 7/28/2010 8/3/2010 2/2 CHK NO DATE AMOUNT 237594 8/3/10 2,475.00 237595 8/3/10 864.00 237596 8/3/10 500.00 237597 8/3/10 24,079.03 237598 8/3/10 70,435.08 237599 8/3/10 1,192.62 237600 8/3/10 6,177.85 237601 8/3/10 300.00 237602 8/3/10 144,999.72 237603 8/3/10 7,185.80 237604 8/3/10 761.97 237605 8/3/10 761.97 237606 8/3/10 40.00 237607 8/3/10 423.44 237608 8/3/10 279.85 237609 8/3/10 2,671.10 237610 8/3/10 28.00 237611 8/3/10 78.00 237612 8/3/10 78.00 237613 8/3/10 250.00 237614 8/3/10 100.00 237615 8/3/10 9,380.44 237616 8/3/10 1,154.13 A/P Total 1,087,484.18 7/29/10 2,787,205.15 7/29/10 384,679.48 7/29/10 228,525.00 7/30/09 284,886.25 682,597.57 GRAND TOTAL $ 5,455,377.63 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 7th, 2010 AGENDA ITEM NO. a7 M TITLE: ;Warrant Register #6 for the period of 08/04/10 through 8/10/10 in the amount of $3,596,580.06 PREPARED BY: K. Apalateguq DEPARTMENT: PHONE: 1619-336-4331 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 Vendor Check City of National City 237649 City of National City 237650 County of San Diego 237651 National Elem School Dist 237671 Pub Empl Retirement Sys 237674 SD County of Education 237680 ithwestern College 237685 ".,AC Excess Insurance 237728 FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: Amount $232,058.45 $ 49,784.00 $702,900.00 $ 67,361.00 $311,071.89 $296,125.00 $269,790.00 $ 93,356.00 FINAL ADOPTION: of all warrants above $50,000.00 Explanation SB211 Pass Through — FY2010 AB1290 Tax Sharing — FY2010 AB1290 Tax Sharing — FY 2010 AB1290 Tax Sharing — FY 2010 Service Period 7-10-4 SB 211 Pass Through — FY 2010 BS211 P. Through — FY 2010 Worker Co .. Premium APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: (Ratification of warrants in the amount of $3,596,580,06 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: rrant Register #6 PAYEE OLSON PACIFIC DISC ABCANA INDUSTRIES CALIFORNIA COMMERCIAL SECURITY CALIFORNIA ELECTRIC SUPPLY CARQUEST AUTO PARTS COMMERCIAL AQUATICS SERVICES COOPER'S PLUMBING & HEATING DAPPER TIRE COMPANY DEPARTMENT OF TRANSPORTATION FERGUSON ENTERPRISES INC HONEYWELL INTERNATIONAL INC HUNTER'S NURSERY INC. JOHN DEERE LANDSCAPES MAINTEX INC NAPA AUTO PARTS NATIONAL CITY TROPHY ERRY FORD :RVO PAINT CO POWERSTRIDE BATTERY CO INC PRO BUILD RON BAKER CHEVROLET SAN DIEGO BMW MOTORCYCLES SDG&E SDG&E SO -CAL ENTERPRISES SOUTHERN CALIF TRUCK STOP STAPLES ADVANTAGE THE LIGHTHOUSE INC WESTFLEX INDUSTRIAL ALL FRESH PRODUCTS BEARD CITY OF NATIONAL CITY' CITY OF NATIONAL CITY COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO DALLA DELTA DENTAL (PMI) FEDEX GOLDRUSH CA LLC HERNANDEZ '"..RNANDEZ =C JuSSE KAISER FOUNDATION HEALTH PLANS LOPEZ JR LOWER SWEETWATER FIRE WARRANT REGISTER # 6 8/10/2010 DESCRIPTION FLIGHT COSTS TO CACEO SEMINAR DVD'S / STATE OF THE CITY ADDRESS POOL CHEMICALS MOP 45754 BUILDING MATERIAL MOP 45698 ELECTRICAL MATERIAL MOP 47557 AUTO PARTS POOL SERVICE, REPAIRS PLUMBING PREVENTIVE MAIN TIRES FOR CITY FLEET HIGHWAY LIGHTING / FISCAL YEAR 2010 MOP 45723 PLUMBING MATERIAL CITY-WIDE HVAC WORK MOP 45719 HOTICULTURE ITEMS MOP 69277 PLANTING MATERIAL MISCELLANEOUS JANITORIAL SUPPLIES MOP 45735 AUTO PARTS MOP 66556 BUILDING MATERIALS MOP 45703 R&M AUTO EQUIPMENT MOP 63846 MATERIALS & SUPPLIES MOP 67839 AUTO PARTS MOP 45707 SMALL TOOLS MOP 45751 R&M AUTO EQUIPMENT R&M CITY VEHICLES FACILITIES GAS & ELECTRIC FACILITIES GAS & ELECTRIC MOP 73565 AUTO PARTS MOP 73565 GAS MOP 45704 OFFICE SUPPLIES MOP 45726 AUTO PARTS MOP 63850 AUTO PARTS FOOD FOR NUTRITION CENTER 125 PLAN REIMBURSEMENT SB 211 PASS THROUGH - FY 2010 AB1290 TAX SHARING (DIST 1-8) FY 10 PASS THROUGH PAYMENT FY 10 AB1290 TAX SHARING - FY10 2010 ELECT-REIMB FOR SUPPLIES DENTAL INS AUG 2010 FEDEX PRIORITY OVERNIGHT REFUND OF T&A FILING COST SDCCD CLASS REC#9294690 REFUND OVERPAYMENT DOG LIC INT'L ASSOCIATION OF FIRE CHIEFS 125 PLAN REIMBURSEMENT KAISER RETIREES INS AUG 2010 125 PLAN REIMBURSEMENT SB 211 PASS THROUGH - FY 2010 CHK NO 237617 237618 237619 237620 237621 237622 237623 237624 237625 237626 237627 237628 237629 237630 237631 237632 237633 237634 237635 237636 237637 237638 237639 237640 237641 237642 237643 237644 237645 237646 237647 237648 237649 237650 237651 237652 237653 237654 237655 237656 237657 237658 237659 237660 237661 237662 237663 DATE 8/9/10 8/10/10 8/10/10 8/10/10 8/10/10 8/10/10 8/10/10 8/10/10 8/10/10 8/10/10 8/10/10 8/10/10 8/10/10 8/10/10 8/10/10 8/10/10 8/10/10 8/10/10 8/10/10 8/10/10 8/10/10 8/10/10 8/10/10 8/10/10 8/10/10 8/10/10 8l10/10 8/10/10 8/10/10 8/10/10 8/10/10 8/10/10 8/10/10 8/10/10 8/10/10 8/10/10 8/10/10 8/10/10 8/10/10 8/10/10 8/10/10 8/10/10 8/10/10 8/10/10 8/10/10 8/10/10 B/10/10 1/3 AMOUNT 174.40 1,202.30 196.43 246.06 180.21 222.64 2,531.98 1,350.00 502.38 2,439.94 741.21 792.80 52.74 296.89 3,597.53 560.82 308.73 1,494.50 87.36 323.32 575.84 295.61 538.71 10,728.60 3,075.08 50.30 143.79 94.93 54.53 112.28 1,259.55 84.21 232,058.45 49,784.00 702,900.00 57,997.00 27.95 14,051.76 50.86 6.58 80.00 13.00 274.00 576.90 20,239.53 874.00 1,433.37 PAYEE MACHADO MANGANIELLO MATTHEW BENDER & CO INC MAYER HOFFMAN MCCANN P C MCGREGOR METROPOLITAN WATER DISTRICT METROPOLITAN WATER DISTRICT NATIONAL ELEM SCHOOL DISTRICT NIX PROJECT PARTNERS INC PUBLIC EMP RETIREMENT SYSTEM RJA MANAGEMENT SERVICES RODRIGUEZ ROE ROWIE 0 MESINA SAN DIEGO DAILY TRANSCRIPT SD COUNTY OFFICE OF EDUCATION D COUNTY OFFICE OF EDUCATION D COUNTY WATER AUTHORITY SD COUNTY WATER AUTHORITY SORIANO SOUTHWESTERN COMMUNITY COLLEGE SOUTHWESTERN COMMUNITY COLLEGE STAPLES ADVANTAGE SWEETWATER UNION HIGH SCH DIST TELLEZ THE STAR NEWS U S BANK CORPORATE PAYMT SYS U S BANK CORPORATE PAYMT SYS U S BANK CORPORATE PAYMT SYS U S BANK CORPORATE PAYMT SYS U S BANK CORPORATE PAYMT SYS VAZQUEZ BAKER FEDERLE BENNETT BROTHERS, INC. BONSUISSE INC BROADWAY AUTO GLASS CALIFORNIA BAKING CO. COAST INDUSTRIAL SYSTEMS DAPPER TIRE COMPANY ECOLAB & A AUTO AIR CONDITIONING USK PARTNERS .,:ON OFFICE SOLUTIONS/IOS JUDD ELECTRIC LOPEZ MAINTEX INC WARRANT REGISTER # 6 8/10/2010 DESCRIPTION EDUCATION REIMBURSEMENT TRAVEL EXP - ITE CONF TRAINING CA DESKTOP CIVIL & PENAL RULES ANNUAL AUDIT OF CNC 125 PLAN REIMBURSEMENT SB 211 PASS THROUGH - FY 2010 AB1290 TAX SHARING - FY 10 AB1290 TAX SHARING - FY 10 REFUND OF T&A FILING FEES TRAFFIC SIGNAL TIMING SERVICE PERIOD 7-10-4 FIRE REGIONALIZATION STUDY 125 PLAN REIMBURSEMENT 125 PLAN REIMBURSEMENT REFUND OF T&A FILING COST ENGINEERING/LANDSCAPE RFQ PASS THROUGH PAYMENT FY 10 AB1290 TAX SHARING - FY 10 SB 211 PASS THROUGH - FY 2010 AB1290 TAX SHARING - FY 10 SDCCD CLASS REC#9277328 PASS THROUGH PAYMENT FY 10 AB1290 TAX SHARING - FY 10 EVLP CLASP FOR OFFICE USE AB1290 TAX SHARING - FY 10 125 PLAN REIMBURSEMENT ENGINEERING/LANDSCAPE RFQ CREDIT CARD EXPENSES / POLICE CREDIT CARD EXPENSES / POLICE CREDIT CARD EXPENSES / FIRE CREDIT CARD EXPENSES / CITY MNGR CREDIT CARD EXPENSES / MIS SDCCD ARREST CLASS REC#9298403 DIRECT DEPOSIT RETURNED CHECK EMPLOYEE RECOGNITION CATALOGS DAIRY DELIVERY FOR NUTRITION WINDSHIELD FOR V# 481 BREAD DELIVERY FOR NUTRITION INTAKE VALVE HOUSING TIRES FOR CITY FLEET DISHWASHER SUPPLIES FOR NUTRITION LABOR TO REPAIRS AC ON V# 373 CONSULTING SERVICES JULY 2010 COPIER EQPMT LEASE 8/21/10-11/20/10 LABOR TO INSTALL POWER AT MLK TRANSLATION SERVICES FY 10/11 PEACH LUSTER FOAMING HAND SOAP 2/3 CHK NO DATE AMOUNT 237664 8/10/10 237.38 237665 8/10/10 297.27 237666 8/10/10 35.12 237667 8/10/10 7,000.00 237668 8/10/10 332.50 237669 8/10/10 4,591.53 237670 8/10/10 1,097.00 237671 8/10/10 67,361.00 237672 8/10/10 3.35 237673 8/10/10 8,418.00 237674 8/10/10 311,071.89 237675 8/10/10 8,000.00 237676 8/10/10 635.69 237677 8/10/10 585.00 237678 8/10/10 2.82 237679 8/10/10 99.40 237680 8/10/10 296,125.00 237681 8/10/10 4,952.00 237682 8/10/10 4,670.03 237683 8/10/10 1,002.00 237684 8/10/10 80.00 237685 8/10/10 269,790.00 237686 8/10/10 11,107.00 237687 8/10/10 59.07 237688 8/10/10 41,217.00 237689 8/10/10 223.25 237690 8/10/10 133.25 237691 8/10/10 755.56 237692 8/10/10 553.92 237693 8/10/10 400.80 237694 8/10/10 338.40 237695 8/10/10 74.97 237696 8/10/10 80.00 237697 8/10/10 320.16 237698 8/10/10 4,535.00 237699 8/10/10 292.06 237700 8/10/10 154.35 237701 8/10/10 216.00 237702 8/10/10 451.31 237703 8/10/10 547.41 237704 8/10/10 394.63 237705 8/10/10 1,205.35 237706 8/10/10 7,500.00 237707 8/10/10 20,256.77 237708 8/10/10 989.97 237709 8/10/10 140.00 237710 8/10/10 387.20 PAYEE METRO FIRE & SAFETY PADRE JANITORIAL SUPPLIES INC PERRY FORD PROCHEM SPECIALTY PRODUCTS INC SDG&E SPARKLETTS SPARKLETTS WATER SYSCO SAN DIEGO VERGARA ARC ERGONOMICS AT&T MOBILITY AT&T/MCI CDWG CLAIMS MANAGEMENT ASSOCIATES COUNCIL OF PHILIPPINE AMERICAN COX COMMUNICATIONS CRITERION PICTURES USA, INC. SAC EXCESS INS AUTHORITY SAC EXCESS INS AUTHORITY DAY WIRELESS SYSTEMS DELL MARKETING CORP EARLY CHILDHOOD LUCAS, NC LIVING HISTORY FARM PRESERV NEXUS IS INC PASACAT SDG&E SHERATON GRAND HOTEL SOUTH BAY COMMUNITY SERVICES THE FAIR HOUSING COUNCIL OF TRAUMA INTERVENTION PROG TRITECH SOFTWARE SYSTEMS VERIZON WIRELESS SECTION 8 HAPS PAYMENTS PAYROLL Pay period Start Dale 16 7/13/2010 Special Payroll WARRANT REGISTER # 6 8/10/2010 DESCRIPTION RECHARGE 17 UNITS W/ DRY CHEMICAL JANITORIAL SUPPLIES FOR NUTRITION LABOR, R&R FUEL GAUGE V# 330 300 GPH CORROSION PUMP GAS & ELECTRIC SERVICE WATER WATER CONSUMABLES FOR NUTRITION CENTER REIMBURSEMENT FOR CACEO SEMINAR PETITE SEAT MEDIUM THORACIC BACK ATT SECURE WIRELESS CIRCUIT / PD TELECOMMUNICATIONS SERVICE HP LJ CP3525X COLOR PRINTER CONSULTANT SVCS FOR LIABILITY & RISK CDBG EXPENDITURE REIMBURSEMENT COX HIGH SPEED 60MB DATA CIRCUIT MOVIE IN THE PARK LICENSE EXCESS WORKERS COMP PREMIUM LOSS PREVENTION SERVICE OUTDOOR MARINE ANTENNA POWEREDGE R610 SERVER TEACHERS STORAGE CABINET W LOCK EDUCATIONAL REIMBURSEMENT CDBG EXPENDITURE REIMBURSEMENT NEXUS QUARTERLY PHONE SYSTEM CDBG-EXPENDITURE REIMBURSEMENT GAS & ELECTRIC 6/18/10 7/20/10 CACEO ANNUAL SEMINAR CDBG EXPENDITURE REIMBURSEMENT CDBG-EXPENDITURE REIMBURSEMENT CDBG EXPENDITURE REIMBURSEMENT STANDARD TRIMBLE INTERFACE VERIZON WIRELESS SERVICE FOR CITY Start Date 8/4/2010 End Date 7/26/2010 End Date 8/10/2010 Check Date 8/4/2010 8/9/2010 3/3 CHK NO DATE AMOUNT 237711 8/10/10 408.26 237712 8/10/10 108.50 237713 8/10/10 1,514.67 237714 B/10/10 324.71 237715 8/10/10 1,731.24 237716 8/10/10 19.60 237717 8/10/10 43.31 237718 8/10/10 3,013.13 237719 8/10/10 174.40 237720 8/10/10 1,117.73 237721 8/10/10 2,226.60 237722 8/10/10 7,010.67 237723 8/10/10 2,232.36 237724 8/10/10 4,625.00 237725 8/10/10 15,000.00 237726 8/10/10 7,284.35 237727 8/10/10 295.00 237728 8/10/10 93,356.00 237729 8/10/10 1,000.00 237730 8/10/10 5,338.41 237731 8/10/10 11, 539.45 237732 8/10/10 959.28 237733 8/10/10 541.00 237734 8/10/10 15,884.61 237735 8/10/10 1,021.60 237736 8/10/10 10,000.00 237737 8/10/10 217.59 237738 8/10/10 471.93 237739 8/10/10 39,937.00 237740 8/10/10 12,874.00 237741 8/10/10 8,000.00 237742 8/10/10 9,245.00 237743 8/10/10 3,683.47 A/P Total 2,454,602.35 12,703.27 1,127,834.49 1,439.95 GRAND TOTAL $ 3.596.580.06 do ETING DATE: CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT September 7, 2010 AGENDA ITEM NO. 18 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute a Third Amendment to Agreement with Moynahan Towing Services for additional towing and impound services within National City PREPARED BY: Claudia G. Silva PHONE: Ext 4222 EXPLANATION: DEPARTMENT: C. Attor e APPROVED BY: The City previously had contracts with two tow and impound providers. Currently, the City has one tow operator (Moynahan Towing) under contract. The former other tow operator performed services for the on -call rotation beginning the 16th through the last day of each month (second rotation). This amendment provides that Moynahan Towing, the tow operator already under contract for tows from the 1st through the 15th of the month (first rotation), will perform the towing services for the second rotation, pay the referral fee associated with this second rotation, and agree to not subcontract any of the work under the agreement. The additional referral fee is $5,565 per quarter. The amendment shall continue for the duration of the agreement, September 30, 2011. • FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt resolution. BOARD / COMMISSION RECOMMENDATION: N/A ACHMENTS: solution THIRD AMENDMENT TO THE AGREEMENT FOR TOWING AND IMPOUND SERVICES BY AND BETWEEN THE CITY OF NATIONAL CITY AND MOYNAHAN TOWING This Third Amendment to the Agreement for Towing and Impound Services By and Between the City of National City and Moynahan Towing is entered into this 7th day of September, 2010. RECITALS WHEREAS, The City of National City ("City") and Moynahan Towing ("Moynahan") entered into an Agreement for towing and impound services on or about March 21, 2006; WHEREAS, the City and Moynahan entered into an Amendment to that Agreement on or about May 15, 2007, which amended the original Agreement by providing for two -week rotations, thus changing the towing schedule. Moynahan was assigned the on -call rotation for city tows from the 1st of each month through the 15t of each month ("First Rotation"). This May 15, 2007 Amendment will be referred to as the First Amendment; WHEREAS, thereafter, on or about March 17, 2009, the City and Moynahan entered into an Amendment to extend the duration of the Agreement to September 30, 2011. This March 17, 2009 Amendment is referred to as the Second Amendment; WHEREAS, in addition to the Agreement with Moynahan, the City had entered into a towing and impound services contract with another towing operator for the same durations, under the same terms, and the same amendments. That other tow operator handled the on -call rotation for city tows from the 16th of each month to the end of the month ("Second Rotation"). The contract relationship with the other tow operator recently ceased; WHEREAS, the City previously received referral fees from both tow operators to collectively offset the total actual and reasonable costs incurred to process and administer towing services; and, WHEREAS, the City desires to have Moynahan handle the obligations and responsibilities the other tow operator previously handled on the Second Rotation, including payment of any and all fees due to City previously paid by the other tow operator for the Second Rotation. NOW, THEREFORE, in consideration of the mutual benefit to the parties, City and Moynahan agree to amend the sections of the Agreement as follows: 1. Section 5.1 is amended by adding the following paragraph: Third Amendment Moynahan Towing Moynahan has assumed the towing and impound services for the on -call rotation beginning the 16th of each day through to the last day of each month ("Second Rotation"), and shall continue through September 30, 2011. 2. Section 7.5 is amended by adding the following paragraph: 7.5.1 Referral Fees for Additional Rotations. Contractor shall begin paying the Referral Fee previously paid by the other tow operator assigned to the Second Rotation, to wit: $5,565.00, as of the effective date of this Third Amendment. For the duration of the Agreement, Contractor shall pay a total Referral Fee of $ 11,130.00 per quarter. 3. Section 2.14 is amended by replacing the paragraph with the following: This Agreement contemplates the personal services of the Contractor and the Contractor's employees, and it is recognized by the parties that a substantial inducement to the City for entering into this Agreement was, and is, the professional reputation and competence of the Contractor and its employees. Neither this Agreement nor any interest herein may be assigned by the Contractor without the prior written consent of the City. Nothing herein contained is intended to prevent the Contractor from employing or hiring as many employees as the Contractor may deem necessary for the proper and efficient performance of this Agreement. Contractor has represented it has sufficient staffing to perform pursuant to this Agreement, and Contractor agrees it shall not subcontract any work pursuant to this Agreement without prior written consent of the City. 4. Except as otherwise provided herein, all of the provisions of the Agreement, the First Amendment, and the Second Amendment, 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 MOYNAHAN TOWING By: By: Ron Morrison, Mayor Tom Moynahaij, Owner APPROVED AS TO FORM: Claudia G. Silva City Attorney Third Amendment Moynahan Towing CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 7, 2010 AGENDA ITEM NO.19 M TITLE: Review League of California Cities 2010 Annual Conference Resolutions 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: N/A BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: gue of California Cities 2010 Annual Conference Resolutions Packet September 7, 2010 Review League of California Cities 2010 Annual Conference Resolutions This year's League of California Cities Annual Conference will be held September 15-17 in San Diego. At the Annual Conference, the League will consider six resolutions, the details of which are provided in the attached information packet: 1) Resolution relating to League Bylaws Amendment 2) Resolution relating to the National Let's Move Campaign 3) Resolution opposing the Board of Directors' decision to defer action on AB 32 and SB 375 and to adopt the Board -Appointed Task Force Recommendation 4) Resolution relating to Responsible Banking 5) Resolution relating to Unfunded State Mandates 6) Resolution related to enhancing Public Safety while Driving a Motor Vehicle The City Council voted on July 20, 2010 to appoint Mayor Ron Morrison as the voting delegate and Vice Mayor Alejandra Sotelo-Solis and Councilmember Jess VanDeventer as the alternate delegates to represent National City at the 2010 League Annual Conference business meeting. The meeting will be held at 3:00 p.m. on Friday, September 17, at the San Diego Convention Center. The League encourages city councils to consider the resolutions and determine a city position so their voting delegate(s) can represent its position during the conference. If there is any particular direction that the Council would like to provide, direction tonight would be appropriate. Some Councils just allow their voting delegates to "vote your conscience" since the measures tend to get modified during the policy committee process. Others like to provide specific direction to vote for or against a particular resolution. There is no requirement that the Council discuss each issue. 1400 K STREET SACRAMENTO, CA 95814 PH:(916) 658-8200 Fx: (916) 658-8240 RECEIVED AUG 0 2 2010 L__ OFEAGUE CITIES W W W.CACITIES.ORG July 29, 2010 TO: Mayors, City Managers and City Clerks League Board of Directors General Resolutions Committee Members Members, League Policy Committees to Which Resolutions Are Referred RE: Annual Conference Resolutions Packet Notice of League Annual Meeting Enclosed please find the 2010 Annual Conference Resolutions Packet. Annual Conference in San Diego. This year's League Annual Conference will be held September 15-17 at the San Diego Convention Center. The conference announcement has previously been sent to all cities and we hope that you and your colleagues will be able to join us. More information about the conference is available on the League's Web site at www.cacities.org/ac. We look forward to welcoming city officials to the conference. Annual Business Meeting - Friday, September 17, 3:00 p.m. The League's Annual Business Meeting will be held at the San Diego Convention Center, Ballroom 20ABC. Resolutions Packet. At the Annual Conference, the League will consider the six resolutions introduced by the deadline — Friday, July 16, 2010, 5 p.m., for submittals by regular mail, or Saturday, July 17, midnight, for submittals by e-mail or fax. These resolutions are included in this packet. We request that you distribute this packet to your city council. We encourage each city council to consider the resolutions and to determine a city position so that your voting delegate can represent your city's position on each resolution. A copy of the resolutions packet is posted on the League's Web site for your convenience: www.cacities.org/resolutions. This resolutions packet contains additional information related to consideration of the resolutions at the Annual Conference. This includes the date, time and location of the meetings at which resolutions will be considered. Voting Delegates. Each city council is encouraged to designate a voting delegate and two alternates to represent their city at the Annual Business Meeting. A letter asking city councils to designate their voting delegate and two alternates has already been sent to each city. Copies of the letter, voting delegate form, and additional information are also available at: www.cacities.ory/resolutions. Please Bring This Packet to the Annual Conference 1 September 15 - 17 — San Diego I. INFORMATION AND PROCEDURES RESOLUTIONS CONTAINED IN THIS PACKET: The League bylaws provide that resolutions shall be referred by the president to an appropriate policy committee for review and recommendation. Resolutions with committee recommendations shall then be considered by the General Resolutions Committee at the Annual Conference. This year, six resolutions have been introduced for consideration by the Annual Conference and referred to the League policy committees. Please note that two resolutions have been referred to more than one policy committee for consideration. POLICY COMMITTEES: Six policy committees will meet at the Annual Conference to consider and take action on resolutions referred to them. These are: Administrative Services; Community Services; Environmental Quality; Housing, Community & Economic Development; Revenue and Taxation; and Transportation, Communication & Public Works. These committees will meet on Wednesday, September 15, 2010 at the Hilton Bayfront Hotel, located next to the San Diego Convention Center. Please see page iii for the policy committee meeting schedule. The sponsors of the resolutions have been notified of the time and location of the meetings. Two policy committees will not be meeting at the annual conference. These committees are: Employee Relations and Public Safety. GENERAL RESOLUTIONS COMMITTEE: This committee will meet at 4:00 p.m. on Thursday, September 16, at the San Diego Convention Center, Ballroom 20D, to consider the reports of the six policy committees regarding the six resolutions. This committee includes one representative from each of the League's regional divisions, functional departments and standing policy committees, as well as other individuals appointed by the League president. ANNUAL BUSINESS MEETING/GENERAL ASSEMBLY: This meeting will be held at 3:00 p.m. on Friday, September 17, at the San Diego Convention Center, Ballroom 20ABC. PETITIONED RESOLUTIONS: For those issues that develop after the normal 60-day deadline, a resolution may be introduced at the Annual Conference with a petition signed by designated voting delegates of 10 percent of all member cities (48 valid signatures required) and presented to the Voting Delegates Desk at least 24 hours prior to the time set for convening the Annual Business Session of the General Assembly. This year, that deadline is 3:00 p.m., Thursday, September 16. If the petitioned resolution is substantially similar in substance to a resolution already under consideration, the petitioned resolution may be disqualified by the General Resolutions Committee. Resolutions can be viewed on the League's Web site: www.cacities.org/resolutions. Any questions concerning the resolutions procedures may be directed to Linda Welch Diamond at the League office: Idiamond@cacities.org or (916) 658-8224. IL GUIDELINES FOR ANNUAL CONFERENCE RESOLUTIONS Policy development is a vital and ongoing process within the League. The principal means for deciding policy on the important issues facing cities and the League is through the League's eight standing policy committees and the board of directors. The process allows for timely consideration of issues in a changing environment and assures city officials the opportunity to both initiate and influence policy decisions. Annual conference resolutions constitute an additional way to develop League policy. Resolutions should adhere to the following criteria. Guidelines for Annual Conference Resolutions 1. Only issues that have a direct bearing on municipal affairs should be considered or adopted at the Annual Conference. 2. The issue is not of a purely local or regional concern. 3. The recommended policy should not simply restate existing League policy. 4. The resolution should be directed at achieving one of the following objectives: (a) Focus public or media attention on an issue of major importance to cities. (b) Establish a new direction for League policy by establishing general principals around which more detailed policies may be developed by policy committees and the Board of Directors. Consider important issues not adequately addressed by the policy committees and Board of Directors. (d) Amend the League bylaws (requires 2/3 vote at General Assembly). (c) ii III. LOCATION OF MEETINGS Policy Committee Meetings Wednesday, September 15, 2010 Hilton Bayfront Hotel, San Diego 1 Park Boulevard, San Diego - (619) 564-3333 (Located next to the San Diego Convention Center) POLICY COMMITTEES MEETING AT ANNUAL CONFERENCE TO DISCUSS AN ANNUAL CONFERENCE RESOLUTION 9:00 a.m. — 10:30 a.m. 11:00 a.m. — 12:30 a.m. Administrative Services — Indigo D Community Services — Indigo D Environmental Quality — Indigo H Housing, Comm. & Econ. Dev. — Indigo 202 Revenue and Taxation — Indigo 202 Transp., Comm. & Public Works — Indigo 204 Note: These policy committees will NOT meet at the Annual Conference: Employee Relations and Public Safety General Resolutions Committee Thursday, September 16, 2010, 4:00 p.m. San Diego Convention Center, Ballroom 20D 111 West Harbor Drive, San Diego, CA 92101 - (619) 525-5000 Annual Business Meeting and General Assembly Friday, September 17, 2010, 3:00 p.m. San Diego Convention Center, Ballroom 20ABC 111 West Harbor Drive, San Diego, CA 92101 - (619) 525-5000 iii IV. KEY TO ACTIONS TAKEN ON RESOLUTIONS Resolutions have been grouped by policy committees to which they have been assigned. Please note that two resolutions have been assigned to more than one committee. These resolutions are noted by this sign (•). Number Key Word Index Reviewing Body Action 1 2 3 1 - Policy Committee Recommendation to General Resolutions Committee 2 - General Resolutions Committee 3 - General Assembly ADMINISTRATIVE SERVICES POLICY COMMITTEE 2 3 COMMUNITY SERVICES POLICY COMMITTEE 2 3 2 Let's Move Campaign ENVIRONMENTAL QUALITY POLICY COMMITTEE 1 2 3 HOUSING, COMMUNITY & ECONOMIC DEVELOPMENT POLICY COMMITTEE 1 2 3 •3 AB32/ SB 375 •4 Responsible Banking REVENUE AND TAXATION POLICY COMMITTEE 1 2 3 •3 AB32/ SB 375 ♦4 5 Responsible Banking Unfunded State Mandates TRANSPORTATION, COMMUNICATION & PUBLIC WORKS POLICY COMMITTEE 2 3 •3 AB32/ SB 375 6 Enhancing Public Safety Please note: These committees will NOT meet at the annual conference: Employee Relations and Public Safety Information pertaining to the Annual Conference Resolutions will also be posted on each committee's page on the League Web site: www.cacities.org. The entire Resolutions Packet will be posted at: www.cacities.org/resolutions. RESOLUTIONS INITIATED BY PETITION AT THE ANNUAL CONFERENCE General Resolutions Committee Recommendation General Assembly Action iv KEY TO ACTIONS TAKEN ON RESOLUTIONS (Continued) KEY TO REVIEWING BODIES 1. Policy Committee 2. General Resolutions Committee 3. General Assembly Action Footnotes * Subject matter covered in another resolution ** Existing League policy *** Local authority presently exists KEY TO ACTIONS TAKEN A - Approve D - Disapprove N - No Action R - Refer to appropriate policy committee for study a - Amend Aa - Approve as amended Aaa - Approve with additional amendment(s) Ra - Amend and refer as amended to appropriate policy committee for study Raa - Additional amendments and refer Amend (for clarity or brevity) and Disapprove Amend (for clarity or brevity) and take No Action W - Withdrawn by Sponsor Procedural Note: Resolutions that are approved by the General Resolutions Committee, as well as all qualified petitioned resolutions, are reported to the floor of the General Assembly. In addition, League policy provides the following procedure for resolutions approved by League policy committees but not approved by the General Resolutions Committee: Resolutions initially recommended for approval and adoption by all the League policy committees to which the resolution is assigned, but subsequently recommended for disapproval, referral or no action by the General Resolutions Committee, shall then be placed on a consent agenda for consideration by the General Assembly. The consent agenda shall include a brief description of the basis for the recommendations by both the policy committee(s) and General Resolutions Committee, as well as the recommended action by each. Any voting delegate may make a motion to pull a resolution from the consent agenda in order to request the opportunity to fully debate the resolution. If, upon a majority vote of the General Assembly, the request for debate is approved, the General Assembly shall have the opportunity to debate and subsequently vote on the resolution. v V. 2010 ANNUAL CONFERENCE RESOLUTIONS RESOLUTION REFERRED TO ADMINISTRATIVE SERVICES POLICY COMMITTEE 1. RESOLUTION RELATING TO LEAGUE BYLAWS AMENDMENTS (2/3 vote at General Assembly required to approve) Source: League Board of Director Referred to: Administrative Services Policy Committee Recommendation to General Resolutions Committee: WHEREAS, The League of California Cities is a nonprofit mutual benefit corporation under California law, and, as such, is governed by corporate bylaws; and WHEREAS, the League's Board of Directors periodically reviews the League's bylaws for issues of clarity, practicality, compliance with current laws, and responsiveness to membership interests; and WHEREAS, the League's Board of Directors convened a Bylaws Review Committee to make recommendations regarding various necessary amendments to ensure that the most qualified and committed city officials are selected to serve on the League's Board, policy committees and other leadership positions, representing a broad diversity of backgrounds, experience, abilities, geography and other factors, and that any barriers to their selection are removed; and WHEREAS, the Board of Directors approved the Bylaws Review Committee's recommendations that identified amendments to the bylaws that: a) encourage all segments of League membership to pursue leadership positions within the League to advance the goal that the League Board of Directors reflects the diverse ethnic and social fabric of California; b) clarify the League Board's nomination procedures and expand Board membership by four positions; and c) provide guidance to avoid conflicts of interest for Board and policy committee members with the expectation that decisions should be in the best overall interests of cities statewide; and WHEREAS, the League's Board offers amendments and additions to the following sections of the bylaws for the membership's consideration: 1. Article VII, Section 1; new subsection 1(b): Board Diversity Policy, Board of Directors 2. Article VII, Section 2 (c), (f): Composition, Board of Directors 3. Article VII, Section 5 (d): Nomination Process, Board of Directors 4. Article XIV, Section 1, new section: Conflicts of Interest 5. Article XIV, Section 4, new section: Ethical Considerations; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities assembled during the Annual Conference in San Diego, September 17, 2010, that the League make the specified changes to the League bylaws by amending the above -referenced sections as indicated on Attachment A. [Please see ATTACHMENT A, following background information, for text of proposed bylaws amendments.] ////////// 6 Background Information on Resolution No. 1 Source: League Board of Directors Title: Resolution Relating to League Bylaws Amendments Background: At its February, 2010 Board meeting the League Board authorized the President to appoint a Bylaws Review Committee, consisting of a cross-section of current Board members, to review the provisions of League bylaws. This included policies related to governing the nomination and election of League Board members and officers with the goal of ensuring the most qualified and committed city officials are selected, representing a broad diversity of backgrounds, experience, abilities, geography and other factors, and that any barriers to their selection are removed. The Committee, chaired by First Vice President Jim Ridenour, completed its work in four face-to-face meetings (April 2, April 29, June 17 and July 9) and submitted its recommendations to the board. The Board approved the Committee's report and recommends the adoption of the following five amendments to the League bylaws: • Amendment to Article VII, Section 1. Board of Directors. The Committee reviewed a variety of recommendations from previous task forces to encourage greater diversity on the board of directors. It concluded that the best way to encourage greater diversity on the board of directors is to adopt a clear and unequivocal policy statement that the various subunits of the League should encourage and support all members to pursue leadership within the League with the ultimate goal of serving on the board of directors. The League board recommends this proposal for approval. • Amendment to Article VII, Section 2. Composition of Board of Directors. The Committee examined the current composition of the board of directors and is proposing to expand the board by two at -large positions and two large city positions to meet particular needs. Currently, the bylaws provide for approximately 50 directors, including 16 from regional divisions, 11 from functional departments of the League (e.g., city attorneys, city managers, etc.), 10 at -large directors, the mayors of the 8 largest cities (ranging from Los Angeles with 4,065,585 population to Oakland with 425,068. population, and the directors on the National League of Cities Board of Directors that are from California (approximately 2 — 4 members). All must be from dues paying cities. The Committee concluded that due to the overwhelming interest in the at -large positions (4 — 5 times the applications as available seats each year) additional opportunities to serve on the League board should be provided by increasing the available at -large seats from 10 to 12. The Committee also concluded that large city representation should be adjusted to reflect the existence and political value provided through the coalition of the state's "Big Ten" Mayors, by increasing big city mayoral representation on the board from 8 to 10. The current make-up of the Board allows for only the mayors of the eight largest cities. This excludes two important cities that participate regularly in the coalition of the ten (10) largest cities in the state --Santa Ana (355,662) and Anaheim (348,467)--with which the League works closely. The League board recommends this proposal for approval. • Amendment to Article VII, Section 5. Nomination Process. The Committee examined problems associated with the current process for the President selecting division representatives to serve on the Board Nominating Committee. Each year the President selects representatives from half (8) of the regional divisions, but the bylaws exclude those board members who are candidates for an officer or at -large position from serving. The Committee concluded that a problem can arise when the President is unable to appoint another board representative from a division if one or all of its representatives are candidates for officer or at -large positions. The proposed change would allow the League President to appoint a substitute nominating committee member from the same regional division, if available. If one is not available, the President shall appoint a substitute from a nearby regional division. The League board recommends this proposal for approval. 7 • Amendment to Article XIV, Section 1 (new section). Conflicts of Interest. The Board of Directors recently adopted a policy designed to reduce potential conflicts of interest by Board members and policy committee members involved in the adoption of League policy and asked the Committee to consider whether it should be proposed to be added to the League bylaws. The Committee recommends that this step be taken. The proposed new language is a general statement that Board members and policy committee members are expected to make decisions in the best overall interests of cities statewide, as opposed to narrow parochial, personal, or financial interests. The League board recommends this proposal for approval. • Amendment to Article XIV, Section 4 (new section). Ethical Considerations. As part of the guidance to avoid conflicts of interest by Board members and policy committee members, language related to ethical considerations is recommended to clarify that the items described under Article XIV as prohibited transactions represent the floor and not the ceiling for standards of ethical conduct. The additional guidance recommends abstention from decisions where personal conflict may exist_ The League board recommends this proposal for approval. [NOTE: Please see ATTACHMENT A (page 9) for text of proposed bylaws amendments.] 8 Article VII: Board of Directors Section 1: Role and Powers; Board Diversity Policy Ly1 Subject to the provisions and limitations of the California Nonprofit Corporation Law, any other applicable laws, and the provisions of these bylaws, the League's activities and affairs are exercised by or under the direction of the League's control and direction of the League. The League Board may delegate the management of the League's affairs to any person or group, including a committee, provided the League Board retains ultimate responsibility for the actions of such person or group. (b) The goal of the League is to ensure that the Board of Directors reflects the diverse ethnic and social fabric of California. As such, each Division, Department, Caucus, and Policy Committee should encourage and support members of every race, ethnicity, gender, age, sexual orientation and heritage to seek leadership positions within the League, with the ultimate goal of achieving membership on the Board of Directors. Article VII: Board of Directors Section 2: Composition. The League's Board is composed of the following: (a) A President, First Vice -President and Second Vice-President/Treasurer, who each serve a term of one year; (b) The Immediate Past President who serves for a term of one year, immediately succeeding his or her term as President; (c) Twelve Ten Directors -at -Large, (i) Who serve staggered two-year terms, and (ii) At least one of whom is a representative of a small city with a population of 10,000 or less. (d) One Director to be elected from each of the regional divisions and functional departments of the League, each of whom serves for a term of two years; (e) Members of the National League of Cities Board of Directors who hold an office in a Member City; and (f) Eight Ten Directors that may be designated by the mayors of each of the eight ten largest cities in California to serve two-year terms. 9 (g) For purposes of this section, the population of each city is the most current population as determined by the California Department of Finance, Demographic Research Unit, or its successor agency or unit. If no successor agency or unit is named, the most current population used to determine these dues shall be used to determine future dues until such time as these bylaws are amended to designate a new source for determining city population. (h) Directors hold office until their successors are elected and qualified or, if they sit on the League Board by virtue of their membership on the National League of Cities Board of Directors, until their terms on the National League of Cities Board of Directors conclude. Article VII: Board of Directors Section 5: Nomination Process. (d) Candidates for Positions Ineligible. Candidates for officer and at -large positions on the League Board are not eligible to serve on the nominating committee. In the event a regional division representative on the nominating committee wishes to be a candidate for an officer or at -large position, the League President will appoint a substitute nominating committee member from the same regional division, if available. If one is not available, the President shall appoint a substitute from a nearby regional division. ********** Article XIV: Prohibited Transactions Section l: Conflicts of Interest General Principle. Members of the League board as well as members of League policy committees, and members of any standing or ad hoc committees and task forces consisting of members of the League board or League policy committees, are expected to make decisions in the best overall interests of cities statewide, as opposed to narrow parochial, personal, or financial interests. This is analogous to city officials being expected to make decisions in the best overall interests of the community as opposed to narrow private or self -interests. Section 2. Loans. Except as permitted by California Nonprofit Corporation Law, the League may not make any loan of money or property to, or guarantee the obligation of, any director or officer. This prohibition does not prohibit the League from advancing funds to a League director or officer for expenses reasonably anticipated to be incurred in performance of their duties as an officer or director, so long as such individual would be entitled to be reimbursed for such expenses under League Board policies absent that advance. Section 3: Self -Dealing and Common Directorship Transactions. (a) Self -Dealing Transactions. A self -dealing transaction is a transaction to which the League is a party and in which one or more of its directors has a material financial interest. 10 (b) Common Directorships. "Common directorships" occur when the League enters into a transaction with an organization in which one of the League directors also serves on the organization's board. (c) Pre -Transaction Approval. To approve a transaction involving either self -dealing or a common directorship, the League Board shall determine, before the transaction, that, (i) The League is entering into the transaction for its own benefit; (ii) The transaction is fair and reasonable to the League at the time; and (iii) After reasonable investigation, the League Board determines that it could not have obtained a more advantageous arrangement with reasonable effort under the circumstances. Such determinations shall be made by the League Board in good faith, with knowledge of the material facts concerning the transaction and the director's interest in the transaction, without counting the vote of the interested director or directors. (d) Post -Transaction Approval. When it is not reasonably practicable to obtain Board approval before entering into such transactions, a Board committee may approve such transaction in a manner consistent with the requirements in the preceding paragraph, provided that, at its next meeting, the full Board determines in good faith that the League Board committee's approval of the transaction was consistent with such requirements and that it was not reasonably practical to obtain advance approval by the full Board, and ratifies the transaction by a majority of the directors then in office without the vote of any interested director.' Section 4: Ethical Considerations. These restrictions, of course, represent the floor not the ceiling for ethical conduct as a League board member or policy committee member. If a board member or policy committee member believes that there are circumstances under which the League's members might reasonably question the board member's or policy committee member's ability to act solely in the best interests in the League and its member cities, the prudent course is to abstain. As an example, typically, League board members have abstained from participating in decisions on legislation that would affect organizations for which they work. Another example is legislation that would uniquely benefit a board member's city. Policy committee members should also consider abstaining in similar circumstances. »»»» See Cal. Corp. Code § 7233 (specifying under what circumstances a self -dealing transaction is void or voidable). 11 RESOLUTION REFERRED TO COMMUNITY SERVICES POLICY COMMITTEE 2. RESOLUTION RELATING TO THE NATIONAL LET'S MOVE CAMPAIGN Source: League Board of Directors Referred to: Community Services Policy Committee Recommendation to General Resolutions Committee: WHEREAS, the League supports policies that focus on health and wellness, continuing education, and healthier lifestyles in all communities; and WHEREAS, many cities, counties, and schools have adopted policies, programs, and ordinances that promote healthy lifestyles by making their communities walkable, promoting youth and senior activities, eliminating the sale of junk food in city, county, or school facilities, providing incentives for stores that sell fresh produce to locate in depressed neighborhoods, and providing exercise opportunities for their residents; and WHEREAS, city officials believe there are important, long-term community benefits to be gained by encouraging healthy lifestyles, including a decrease in the rate of childhood obesity and its negative health -related impacts; and WHEREAS, cities and other community partners can work together to understand the relationship between obesity, land -use policies, redevelopment, and community planning; and WHEREAS, cities and other community partners can work together to ensure that there are safe places for their residents to be active such as in parks, ball fields, pools, gyms, and recreation centers; and WHEREAS, access to healthy foods has a direct impact on the overall health of our community and planning for fresh food, open space, sidewalks, and parks should be a priority; and WHEREAS, the League has partnered with the Healthy Eating Active Living (HEAL) Cities Campaign to provide training and technical assistance to help city officials adopt policies that improve their communities' physical activity and retail food environments; and WHEREAS, the League wants to partner with and support the Let's Move! Campaign headed by the First Lady of the United States, the President's Task Force on Childhood Obesity and the Secretary of Health and Human Services, in an effort to solve the challenge of childhood obesity within a generation; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities, assembled during the Annual Conference in San Diego, September 17, 2010, that the League encourages the existing 480 California cities to adopt preventative measures to fight obesity as set forth by the First Lady of the United States of America in the Let's Move campaign; and, be it further RESOLVED, that California cities be encouraged to sign-up with the United States Department of Health and Human Services — Region DX office as a Let's Move! City; and, be it further RESOLVED, that California cities are encouraged to: (1) help parents make healthy family choices; (2) create healthy schools; (3) provide access to healthy and affordable foods; and (4) promote physical activity. /////!//// 12 Background Information on Resolution No. 2 Source: League Board of Directors Title: Resolution Relating to the National Let's Move Campaign Background: According to the United States Department of Health and Human Services, Region 9: In February, First Lady Michelle Obama launched the Let's Move! campaign to solve the childhood obesity epidemic within a generation. First Lady Obama is expanding the effort to include a call to action for mayors and other elected officials to join her Let's Move! Campaign ("Let's Move Cities and Towns') in an effort to leverage cities and communities unique ability to solve obesity locally and adopt long-term, sustainable, regional approaches to fight childhood obesity. On February 2, 2010, President Barack Obama established the Task Force on Childhood Obesity, which includes senior administration officials. The Task Force developed an interagency plan after incorporating input from more than 2,500 public comments in 90 days. The plan details a coordinated strategy, identifies key benchmarks, and outlines an action plan to end the problem of childhood obesity within a generation. League adopts resolution in 2004: This resolution related to "encouraging healthier lifestyles for children, adults, and seniors in cities throughout California." This resolution directed the League to encourage cities to embrace policies that facilitate activities that promote healthier lifestyles, including healthy diet and nutrition, and adopt city design and planning principles that enable citizens to undertake exercise with the goal of achieving a more active and healthy community. League adopts resolution in 2006: This resolution related to "encouraging health and wellness in cities." This resolution directed that the League in cooperation with related League committees, departments, and the CCS Partnership, work together to develop a clearinghouse of information that cities can use to promote wellness policies and healthier cities. It also directed the League to develop a toolkit on the League's Website for cities to visit in order to share, find and develop successful models of health and wellness to use in their respective communities. It also established that health and wellness programs become a topic of the Helen Putnam Awards Program beginning in 2007. Previous Legislation: SCR 31 was introduced by Senator Alex Padilla in 2007, which established Healthy Communities Awareness Month. This Senate Concurrent Resolution recognized the importance of health and wellness in communities and declared the month of May as Healthy Communities Awareness Month. This was a League sponsored resolution. League Partners with the Healthy Eating Active Living (HEAL) Cities Campaign: The HEAL Cities Campaign provides training and technical assistance to help city officials adopt policies that improve their communities' physical activity and retail food environments. The HEAL Cities Campaign, funded by Kaiser Permanente and the Vitamin Cases Consumer Settlement Fund, is a partnership of the League of California Cities, the California Center for Public Health Advocacy, and the Cities Counties and Schools Partnership. At its core the HEAL Cities Campaign believes that supporting healthy choices is essential to address the obesity epidemic among California's children and adults, which they purport currently costs the state nearly $50 billion annually in healthcare and lost productivity. Forty cities have adopted resolutions and adopted specific action steps and a timeline in one of the several key campaign areas (e.g., language in general plan, zoning ordinances governing street design or community gardens, joint use of recreational facilities, and employee wellness). The HEAL campaign goals are: 13 • To provide city officials information about the statewide obesity epidemic and demonstrate how the community food environment, physical activity environment, children's out -of -school environment(s), and soda consumption perpetuate the epidemics; and, • To inform city officials about the role they can play locally to fight the obesity and inactivity epidemics through policy adoption, and to recommend those policies that would improve the physical activity and food environments of their cities and make their community healthier. Existing League policy on Healthy Cities: The League encourages cities to embrace policies that facilitate activities that promote healthier lifestyles, including healthy diet and nutrition, and to adopt city design and planning principles that enable citizens to undertake exercise with the goal of achieving a more active and healthy community. Institute for Local Government (ILG) On Healthy Neighborhoods: ILG heads the Healthy Neighborhoods Project, which provides support and resources local officials can use to protect and improve community health by integrating health considerations into their planning, land use and other decisions. The resources the ILG Website offers are geared to strengthen the efforts of local officials, staff, planning and development professionals, and community residents in creating healthier communities. According to the Healthy Neighborhoods Project, healthy neighborhoods provide: (1) Places where walking and bicycling are safe and convenient and where residents of all ages and abilities have the opportunity to be physically active; (2) Nutritious, fresh, culturally appropriate food — grown locally whenever possible — is affordable and accessible, promoting health and boosting the local economy; (3) A place where residents aren't exposed to environmental hazards or pollutants that endanger their present or future health or well-being. ILG's Healthy Neighborhoods' Website provides current, relevant resources to aid in adapting general policies and strategies to reverse the negative trends related to physical inactivity, unhealthy eating, and environmental hazards. National League of Cities (NLC) Commends First Lady Michelle Obama for Including Cities and Towns in Let 's Move Campaign: In a press release dated June 11, 2010, NLC commends First Lady Michelle Obama for her newest initiative to combat childhood obesity, Let's Move Cities and Towns. The release continued that "NLC looks forward to working with the First Lady in encouraging local leaders to be proactive in their approach against childhood obesity." Through its Institute for Youth, Education and Families, NLC works to combat childhood obesity by raising awareness among municipal leaders and providing them with tools and resources to make changes in their communities. Most recently, NLC and the Foundation for the Mid South, with support from Leadership for Healthy Communities, a national program of the Robert Wood Johnson Foundation, launched the Municipal Leadership for Healthy Southern Cities project. This initiative will help local officials in Arkansas, Louisiana and Mississippi advance policies to promote healthy eating and active living in order to reduce childhood obesity. NLC also recently collaborated with the American Association of School. Administrators on a report, Community Wellness: Comprehensive City -School Strategies to Reduce Childhood Obesity. For more information on this NLC initiative visit www.nlc.org/iyef. »»»»» 14 RESOLUTION REFERRED TO ENVIRONMENTAL QUALITY POLICY COMMITTEE •3. RESOLUTION OPPOSING THE BOARD OF DIRECTORS' DECISION TO DEFER ACTION ON AB 32 AND SB 375 AND TO ADOPT THE BOARD -APPOINTED TASK FORCE RECOMMENDATIONS Source: Desert/Mountain Division Referred to: Environmental Quality Policy Committee; Housing, Community & Economic Development Policy Committee; Revenue and Taxation Policy Committee; and Transportation, Communication & Public Works Policy Committee Recommendations to General Resolutions Committee: • Environmental Quality Policy Committee: • Housing, Community and Economic Development Policy Committee: • Revenue and Taxation Policy Committee: • Transportation, Communication & Public Works Policy Committee: WHEREAS, the Desert/Mountain Division of the League of California Cities has broad concerns about the economy; and WHEREAS, these concerns extend both to the ability of cities to deliver vital public services and the viability of businesses which are critical to the State's economic recovery; and WITEREAS, the Desert/Mountain Division of the League of California Cities is concerned that cities lack the resources to implement existing State mandates imposed at either the regional or local level; and WHEREAS, the League of California Cities Board of Directors appointed a Task Force to craft a recommendation regarding AB 32 and SB 375, based upon the recommendations developed by four policy committees; and WHEREAS, the Task Force recommended that the League of California Cities Board of Directors request specific actions by Governor Schwarzenegger and the California Air Resources Board to delay certain deadlines and take other actions with respect to AB 32 and SB 375; and WHEREAS, the League of California Cities Board of Directors rejected the specific recommendations of the Task Force and four policy committees by deferring action on AB 32 and SB 375; and WHEREAS, the Desert/Mountain Division of the League of California Cities wishes to file an official protest of the Board of Directors' decision to defer action on a position regarding AB 32 and SB 375; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities, assembled during the Annual Conference in San Diego, September 17, 2010, that the League of California Cities finds, determines and orders the adoption of the consolidated recommendations of four policy committees and the Board appointed Task Force, as follows: 1. Request that the Governor exercise his authority to delay individual AB 32 implementation deadlines. 15 2. Request that the California Air Resources Board take the following three actions: • Revisit and update economic and growth assumptions used to estimate 2020 business -as -usual emissions and recalculate AB 32 goal; • Consider local government costs in all future studies relating to AB 32 and SB 375; and • Request that the SB 375 targets be set in a way to reflect the economy and scarce local resources. 3. Support (but not sponsor) any legislation that would suspend or delay implementation of SB 375 until there is funding and resources in place to implement individual mandates and requirements associated with the bill; and, be it further, RESOLVED, that the specific recommendations developed by the four policy committees and Task Force be considered by the General Assembly at the Annual Conference unless the Board of Directors reverses its deferred action stance on AB 32 and SB 375 and adopts the Task Force recommendations. ////////// Background Information on Resolution No. 3 Source: Desert/Mountain Division Title: Resolution Opposing the Board of Directors Decision to Defer Action on AB 32 and SB 375 and to Adopt the Board -Appointed Task Force Recommendations Background: The Desert/Mountain Division adopted a Resolution formally opposing the Board of Directors decision to defer action on the Task Force's recommendations regarding AB 32 and SB 375. We. took this action out of concern of the impact these regulations will have on our economy and our ability to serve our constituents, and do not want to be complicit by remaining silent on this issue. The recommended revisions to the League's current positions on AB 32 and SB 375 were crafted by a Board -appointed Task Force after study of the issue by four League policy committees. The changes recommended specific actions by Governor Arnold Schwarzenegger and the California Air Resources Board to delay certain deadlines and take other actions with respect to AB 32 and to suspend or delay the implementation of SB 375 until state funding is provided for the implementation of its mandates. The Desert/Mountain Division believes that the Board's decision to defer action on the specific recommendations developed by the four policy committees and Board -appointed Task Force does not represent the majority of the member cities. This Resolution is being presented for consideration by the General Assembly at the Annual Conference to allow the entire membership to weigh in on the decision of whether or not to adopt the Task Force recommendations regarding AB 32 and SB 375. »»»»» 16 RESOLUTION REFERRED TO HOUSING, COMMUNITY & ECONOMIC DEVELOPMENT POLICY COMMITTEE •3. RESOLUTION OPPOSING THE BOARD OF DIRECTORS DECISION TO DEFER ACTION ON AB 32 AND SB 375 AND TO ADOPT THE BOARD -APPOINTED TASK FORCE RECOMMENDATIONS Resolution #3 also referred to these policy committees: Environmental Quality; Revenue and Taxation; and Transportation, Communication & Public Works. Please see Environmental Quality Policy Committee section for the resolution and background information. ////////I/ •4. RESOLUTION RELATING TO RESPONSIBLE BANKING Source: Richard Alarcon, Council Member, Los Angeles and Karen Avilla, City Treasurer, Carson Referred to: Housing, Community & Economic Development Policy Committee; and Revenue and Taxation Policy Committee Recommendation to General Resolutions Committee: • Housing, Community and Economic Development Policy Committee: • Revenue and Taxation Policy Committee: WHEREAS, cities strive to spend taxpayer dollars wisely on services; and WHEREAS, cities invest taxpayer dollars with a range of institutions that provide financial service contracts each year; and WIIEREAS, it is important to ensure that taxpayer dollars are invested in institutions that are not just fiscally sound, but are committed to investing back into our communities, generating positive investment and lending in our cities; and WHEREAS, cities can help support the nation's economic recovery by supporting financial institutions that in turn re -invest in our local communities; and WHEREAS, the national Community Reinvestment Act, passed by the U.S. Congress in 1977, pioneered the use of transparent, responsible banking, by starting a federal rating system to measure banks' local lending and investment activity in the communities they take deposits from, providing accountability to the communities that institutions serve; and WHEREAS, three decades have passed since the original passage of the Community Reinvestment Act (CRA), and due in part to the dramatic changes in the U.S. banking system since this time, CRA does not provide the level of detail needed for local municipalities to determine our financial partners' lending activity and investment within a single city alone; and WHEREAS, on March 20, 2002, the City of Philadelphia signed into law a requirement that all banks authorized to receive deposits from the City submit an annual statement of community reinvestment goals within Philadelphia, including but not limited to a summary of the home loans, small business loans, and other lending and investment activity within Philadelphia, which independent studies 17 have confirmed has resulted in increased access to credit among Philadelphia's minority and low- and moderate -income communities; and WHEREAS, the City of Cleveland enacted into law a similar Community Reinvestment Depository Ordinance in 1991, and since that time has negotiated over $10 billion in lending commitments and investments through designated Community Reinvestment Initiative agreements with designated depository banks, with an independent study by the Brookings institution confirming that compared to comparable midwestern cities Cleveland's CRA Ordinance has resulted in "more bang for the community development buck;" and WHEREAS, on March 5, 2010, the Los Angeles City Council unanimously passed a Responsible Banking Initiative that requires financial institutions with which the City contracts to provide an annual "report card" detailing investment and lending activity within Los Angeles, to allow the City to reward institutions that re -invest in Los Angeles by adding extra points to these institutions' applications during the City's RFP process for financial service providers; and WHEREAS, many municipalities could benefit from increased transparency about which of the financial institutions their city taxpayer dollars are invested in are in turn re -investing in their city's homes, businesses, and non -profits, which will allow cities to hold banks to a higher standard of re- investment by offering increased city business to those that are generating higher levels of investment, lending, and community service activity within their city; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities, assembled during the Annual Conference in San Diego, September 17, 2010, that the League of California Cities strongly encourages municipalities to require transparent, responsible banking from the financial institutions receiving city funds; and, be it further RESOLVED, that the League of California Cities serve as a clearinghouse of information on the responsible banking initiatives of municipalities across the country, such as those of Philadelphia, Cleveland, Los Angeles and Carson, California; in order to help California cities interested in taking steps to increase transparent, responsible banking in their own communities. ////////// Background Information on Resolution No. 4 Source: Richard Alarcon, Council Member, Los Angeles and Karen Avilla, City Treasurer, Carson Title: Resolution Relating to Responsible Banking Background: As a Councilmember from the City of Los Angeles and a Treasurer from the City of Carson, we know that stewards of public funds must strive to ensure that taxpayer dollars are invested in businesses and institutions that are not just fiscally sound, but committed to investing back into our communities. On Friday, March 5, 2010, the Los Angeles City Council unanimously passed a Responsible Banking Initiative that Councilmember Alarcon introduced last year, which will require financial institutions with which the City of Los Angeles does business to provide an annual "report card" detailing the institution's investment and lending activity within the City. The purpose of the report card is to determine which institutions the City does business with are in turn reinvesting in the City, by extending credit to residents and businesses, and investing capital in 18 communities and development projects. The report card will allow policy makers to reward institutions with above average rates of impact in the City, while decreasing business with those institutions that do not recycle dollars back into the local economy. This effort could be likened to a local version of the federal Community Reinvestment Act, by allowing local policymakers to review the community reinvestment activity of the financial institutions with which the City invests. It builds on the work of existing law in the cities of Philadelphia and Cleveland. Both the City of Philadelphia, in 2002, and the City of Cleveland, in 1991, passed laws requiring annual statements of community reinvestment goals from the institutions that manage their City deposits. The City of Cleveland reports that, from 1991 through 2008, Cleveland has negotiated over 10 billion dollars in lending commitments and investments with designated depository banks as a result of their responsible banking law. In a 2003 report, the independent Brookings Institution compared three Midwestern cities and praised the City of Cleveland for achieving "more bang for their community development buck" through the use of their Community Reinvestment and other innovative City laws. We owe it to the current and future residents of our Cities to ensure that taxpayer dollars are invested in responsible banking institutions that are creating opportunities for investment and lending in our communities. That's why we urge the League of California Cities to encourage municipalities to require transparent, responsible banking from financial service providers. With the strength of our collective wallets combined, Cities will he sending a powerful message to banks: invest in us, and we will invest in you. »»»»» RESOLUTIONS REFERRED TO REVENUE AND TAXATION POLICY COMMITTEE •3. RESOLUTION OPPOSING THE BOARD OF DIRECTORS DECISION TO DEFER ACTION ON AB 32 AND SB 375 AND TO ADOPT THE BOARD -APPOINTED TASK FORCE RECOMMENDATIONS Resolution #3 also referred to these policy committees: Environmental Quality; Housing, Community & Economic Development; and Transportation, Communication & Public Works. Please see Environmental Quality Policy Committee section for the resolution and background information. ////////// •4. RESOLUTION RELATING TO RESPONSIBLE BANKING Resolution #4 also referred to the Housing, Community & Economic Development Policy Committee. Please see the Housing, Community & Economic Development Policy Committee section for the resolution and background information. ////////// - Continued, Revenue and Taxation Resolutions - 19 5. RESOLUTION RELATING TO UNFUNDED STATE MANDATES Source: City of Santa Clarita Referred to: Revenue and Taxation Policy Committee Recommendation to General Resolutions Committee: WHEREAS, unfunded mandates imposed upon local governments, including cities, counties and special districts, by the State of California place a tremendous financial burden upon local governments; and WHEREAS, some of the mandates placed upon local governments are the result of actions by Boards and Commissions not directly accountable to the electorate; and WHEREAS, the State of California and many local governments within the state are under financial duress due to the continuing national economic crisis, and WHEREAS, approximately twelve percent of Californians, are currently unemployed and struggling to pay for basic life necessities, well above the national average; and WHEREAS, mandates enacted by the State of California may result in the need for local agencies to increase fees or taxes to satisfy the requirements of the mandate; and WHEREAS, as citied in a 2005 report on state mandates published by the League of California Cities, the original intent of Property Tax Relief Act of 1972, which established the concept of state reimbursement of local agencies for state mandated activities, was to limit the ability of local agencies to levy taxes; and WHEREAS, in 1979 the voters of the State of California approved Proposition 4 adding Article XIII B to the California Constitution, requiring the state to provide a subvention of finds to local governments for costs associated with state mandated programs, under specified conditions, and through subsequent legislation creating the Commission on state mandates; and WHEREAS, in 2004, the voters of the State of California adopted Proposition 1 A expanding the constitutional protections for local governments regarding state mandates; and WHEREAS, the State of California has struggled to balance its budget for the past several years and has chosen to borrow funds from local governments, thus reducing traditional revenues to local governments, forcing additional local program and service reductions and cutbacks; and WHEREAS, various federal and state laws and regulations may result in the imposition of state mandates on local governments; and WHEREAS, an example of state imposed mandates are the establishment of Total Maximum Daily Loads (TMDL) for such things as bacteria, chloride, metals, and toxicity, and WHEREAS, in order to meet the obligations imposed by Regional Water Quality Control Boards throughout California, local agencies may need to implement or increase fees and taxes to pay for new programs or facilities, in order to avoid penalties for non-compliance; and 20 WHEREAS, there appears to be no correlation between the imposition of state mandates, taxpayer funded resources to pay for the costs of state mandates, California's high unemployment rate, and the fiscal conditions of the State of California and local governments; now, therefore be it RESOLVED, by the General Assembly of the League of California Cities, assembled during the Annual Conference in San Diego, September 17, 2010, that: 1. The League of California Cities work with its member cities and other local government partners to identify situations in which local governments must increase fees or taxes to meet state mandated requirements; and 2. The League of California Cities petition the Governor of the State of California and Legislature of the State of California to suspend or eliminate certain state mandates until improvement of the national and California economy results in substantially lower statewide unemployment and fiscal solvency of the State of California and local governments; and 3. The League of California Cities work with Members of Congress and the government of the United States to suspend or eliminate certain federal mandates, passed along to the states for implementation, until the improvement of the national economy results in substantially lower national unemployment and fiscal solvency of the United States, the State of California and local governments; and 4. That the League of California Cities will support legislation to suspend, eliminate, or otherwise modify the negative impacts of state mandates on local agencies, particularly in which a new local tax or fee or tax or fee increase is necessary to implement the mandate. ////////// Background Information on Resolution No. 5 Source: City of Santa Clarita Title: Resolution Relating to State Unfunded Mandates Background: Reaching back at least forty years, local governments, including cities, counties and special districts, have struggled with mandates placed upon them by the State of California. Under California law, whenever the Legislature, Governor, or a state agency enacts a new law, executive order, regulation, or rule that requires a local government to implement a new program or provide a higher level of service to an existing program, the state shall reimburse the local agency for the increased cost. Over the past two decades, the California Legislature has made a practice of borrowing, transferring, shifting, or otherwise conveying from local governments to the State of California, as part of the state budget balancing process, what have historically been considered local revenues. The failure of the State of California, for the most part, to repay these funds to local governments has led to ballot measures restricting the ability of the state to use local revenues to balance its continual budget deficit. Against this backdrop, state regulatory agencies continue to impose requirements upon local governments, which may result in the need to increase local fees or taxes. Failure to implement the regulatory requirements may result in the imposition of substantial financial penalties, which must be paid for by the local government and ultimately, taxpayers or rate payers within the jurisdiction. 21 At a time when California's unemployment rate is in excess of 12%, which is well above the national unemployment rate, and California businesses are struggling to stay afloat in the worst national recession since the great depression of the 1930s, the question of regulatory relief must be considered. For example, many communities throughout the State of California are facing establishment of Total Maximum Daily Load (TMDL) requirements for such things as bacteria, chloride, metals, and toxicity. While the environmental or other goals that are sought to be achieved are laudable, regulatory requirements must be sensitive to the overlaying statewide and national economic climate and the ability of local governments to pay for new programs and enhancements. In the Santa Clarita area, the Los Angeles Regional Water Quality Control Board, through imposition of a Chloride TMDL mandate and its required implementation, is causing local sanitation district ratepayers to pay a 50% fee increase over four years for increased operational and new facility expenses and committing to long term additional increases. Failure to approve the increase will likely invite substantial fines, totaling in the millions of dollars collectively for the ratepayers. In a time of economic uncertainty and high unemployment, is it appropriate to require California taxpayers to pay for new regulatory requirements or is it reasonable to suspend or eliminate certain state mandates until such time as unemployment levels return to more traditional levels and national, state and local governments return to financial stability? »»»»» RESOLUTIONS REFERRED TO TRANSPORTATION, COMMUNICATION & PUBLIC WORKS POLICY COMMITTEE •3. RESOLUTION OPPOSING THE BOARD OF DIRECTORS DECISION TO DEFER ACTION ON AB 32 AND SB 375 AND TO ADOPT THE BOARD -APPOINTED TASK FORCE RECOMMENDATIONS Resolution #3 also referred to these policy committees: Environmental Quality; Housing, Community & Economic Development; and Revenue and Taxation. Please see Environmental Quality Policy Committee section for the resolution and background information. 6. RESOLUTION RELATED TO ENHANCING PUBLIC SAFETY WHILE DRIVING A MOTOR VEHICLE Source: City of Elk Grove Referred to: Transportation, Communication & Public Works Policy Committee Recommendation to General Resolutions Committee: WHEREAS, cities throughout the State of California hold the health and safety of their residents as a paramount concern; and WHEREAS, the use of text messages has grown exponentially in recent years; and WHEREAS, any time a driver attempts to send an electronic text message while driving, his or her attention is diverted from the road; and WHEREAS, a recent Virginia Tech study showed sending electronic text messages while driving makes an accident 23 times more likely; and 22 WHEREAS, a study conducted by The Transport Research Laboratory in the United Kingdom showed that sending text messages while driving is riskier than driving under the influence of alcohol or drugs; and WHEREAS, Senate Bill 28 and California Vehicle Code Section 23123.5 ban writing, sending, or reading electronic text messages while operating a motor vehicle in the state of California; and WHEREAS, the League supports this type of traffic safety enhancement as demonstrated through their support of motorcycle helmets, child restraints, seat belt and speed limit laws; now, therefore, be it RESOLVED, by the General Assembly of the League of California Cities, assembled during the Annual Conference in San Diego, September 17, 2010, that the League encourages cities to promote safe driving across California and the education of the general public about the dangers of texting while driving. ////////// Background Information on Resolution No. 6 Source: City of Elk Grove Title: Resolution Relating to Enhancing Public Safety While Driving a Motor Vehicle Background: On September 24, 2008, the Governor of California, Arnold Schwarzenegger, signed Senate Bill 28 ("SB 28") into law. SB 28 is codified in section 23123.5 of the California Vehicle Code and prohibits any person from driving a motor vehicle while using an electronic wireless communications device to write, send, or read a text -based communication. SB 28 complements an existing law which Governor Schwarzenegger signed in 2006 requiring motorists to use hands -free devices while talking on a mobile phone when driving a motor vehicle. Many studies recognize that the distraction that occurs while using electronic devices while operating a motor vehicle is very dangerous: • It is estimated that 28% of crashes — 1.6 million crashes per year can be attributed to cell phone talking and texting while driving. (Source: National Safety Council) • Drivers who use hand-held devices are four times as Iikely to get into crashes serious enough to injure themselves. (Source: Insurance Institute for Highway Safety) • Using a cell phone while driving delays a driver's reactions as much as having a blood alcohol concentration at the legal limit of .08 percent. (Source: University of Utah) Because the health and safety of the residents of Elk Grove is paramount to the members of the City Council; on May 12, 2010, the Elk Grove City Council unanimously adopted a resolution promoting awareness of the dangers of texting while driving. The City is embarking on an aggressive, yet economical, public outreach campaign to educate its residents about the dangers of texting while driving, which includes: educational links on the City's Web site, a flyer in the city's utility billing insert which reaches every household, free promotional items for residents specifically geared toward this topic, and a spotlight feature in the City's bimonthly newsletter. Other cities in California are encouraged to enhance public safety in their community by educating residents about the dangers of texting while driving a motor vehicle. Educational outreach will benefit 23 drivers, passengers, by -standards, bicyclists, walkers and runners. Local governments have the ability to implement cost-effective educational tools to communicate with residents about this important public safety issue. All local government officials and employees in California want to protect their families, themselves, and others. Please put down your phone when you are driving or use a hands -free device and do not text. It's safe and it's the law. »»»»» [NOTE: No resolutions were assigned to the following policy committees: Employee Relations and Public Safety.] ########## 24 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: Sept. 7, 2010 AGENDA ITEM NO. 20 M TITLE: Request to use Martin Luther King Jr. Community Center (north) by State of CA Employment Development Department for a Youth Job Fair from 2-6pm on 9/23/10, and the use of MLK (south) for planning meetings from 2-4pm on 9/8, 9/15, 9/22/10. PREPARED BY: Brenda E. Hodges, Director efr DEPARTMENT: Community Services PHONE: X4290 EXPLANATION: The State of CA Employment Development Dept. is requesting MLK North, for a S.A.V.E. (Students are Valuable Employees) Job Fair. They estimate approx 300 attendees (90% from National City). They are also requesting MLK South for three 2-hour planning meetings prior to the event. Fees: 9/23 Event (1 x 4 hrs) Planning Meetings (3 x 2 hrs) Kitchen Fee: $ 50.00 n/a Hall Fee: $351.89 $23.45/hr x 6 = 140.70 Chairs/Tables: $ 67.50 $8.50 x 3 = $25.50 Fac Use Fee: $ 50.00 $50 x 3 = $150.00 Custodial: $176.00 $22/hr x 6 = $132.00 Total: $695.39 $448.20 Deposits (refundable): leaning: $100.00, 2) Kitchen: $60.00 Total Fees: $1143.59 FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. n/a APPROVED: MIS Approving the request will result in fees in the amount of $1143.59 plus a refundable deposit of $160.00. ENVIRONMENTAL REVIEW: n/a ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the Request for Use, with no waiver of fees. BOARD / COMMISSION RECOMMENDATION: aia ATTACHMENTS: 1. Two Facility Use Applications (9 pages total) Name & Address of Organization/Group: Non- profit organizati Anticipated Maximum Attendance: % ( Will Admission be charged? Equipment Requested: eAltftiR IA NATIONAL CITy INCOn,rop ATCD The City of National City Facility Use Application 140 E. 12`h Street, Ste. B National City, CA 91950 (619) 336-4290 Fax (619) 336-4292 After hours dispatch: (619) 336-4411 TO ALL APPLICANTS: It is strongly recommended that an applicant requesting use of City Facility attend the City Council meeting when the item is scheduled for consideration in order to answer any questions from the City Council. Facility Requested: please circle Martin Luther King Jr. Building Date(s) of Use: Time of Use: From: • ; o': Entire Facility 9/, rib< 017 Day(s) of Use: (4)5-Li Zvi; S 6141 To: 9:00 A PM L INCLUDE SET-UP & CLEAN UP TIME Type of Function/Activity. Cat } Is the event open to the public? r—rb n: Yes No Tax ID # Amount $ Percentage of National City Residents Will this be a Fund Raising Event? # of chairs : of banque Podium/ (crop lone Use of Kitchen: Yes No Is the Use of Alcohol Requested? Will other paid services be used (I. e, commercial caterer, DJ, Band, etc)? Name: Phone: Name: Phone: Stage SEATING DIAGRAM* Use of Gas for Range and Oven: Yes Yes No 2 How many times in the last twelve months have you requested to use a City Facility? It is expressly understood and agreed that the applicant assumes all risk for loss, damage, Liability, injury, cost or expense that may arise during or be caused in any way by such use or occupancy of the facilities of the City of National City and/or Community Services Department. The applicant further agrees that in considerations of being permitted the use of the facilities agreed to, they will save and hold haiutless the said City of National City, its officers, agents, employees and volunteers from any loss, claims, and liability damages, and/or injuries to persons and property that in any way may be caused by applicant's use or occupancy. I, the undersigned, hereby certify to abide by the regulations governing said facility and agree to abide by all City of National City ordinances and facility rules and policies, and be representative of the user organizations. Further, I agree to be personally responsible for any damage/loss sustained by the ground, building, furniture or equipment or unusual clean up occurring through the occupancy of said facilities. Application recognizes and understands that use of the City's facility may create a possessory interest subject to property taxation and that applicant may be subject to the payment of property taxes levied on such interest. Applicant further agrees to pay any and all property taxes, if any assessed during the use of the City's facility pursuant to sections 107 and 107.6 of the revenue and taxation code against applicant's possessory interest in the City's facility. I CERTIFY THAT I HAVE RECEIVED A COPY OF THE RULES AND REGULATIONS FOR THE FACILITY REQUESTED, AND I AGREE FOR MY ORGANIZATION/ GROUP TO CONFORM TO ALL OF ITS PROVISION. [ HAVE YOUR COPY OF DATE COMPLETED: /c �Y � � APPLICATION IN POSSESION DURING USE PRINT NM E: f'\CR. l L ' �%�A.; b SIGNATURE:: &- EtiAti ADDRESS OF APPLICANT: c�Sc) .L.'Jt PE0 lL Pk) CITY, STATE, AND ZIP CODE: JA �)(i o C 7 3 �7, PHONE: DAY FAX NUMBER a„66'kale � I /'� CONTACT PERSON ON THE DAY OF THE EVENT: O�r@ C(-�t �V CCi/ k)A-lz PHONE: t{Oc9,6 6 `C( CELL: (tip !" l� Please type or print clearly with a Ballpoint pen. Complete application must be submitted and payment submitted in advanced of the event. Community Services Staff Only - Rental Amount Received: Receipt Number. Deposit Amount: Deposit/ Key Returned: Check Key issued: YES NO 3 CITY OF NATIONAL CITY PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Person 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 include the city, its officials, agents and employees named as additional insured and to sign the hold harmless agreement. Certificate of Insurance must be attached to this permit. Organization: Person in charge of activity: Address: A ivL% JU ,Zb -ikb 57� _!___yvti 13-EK t 1`ti L ik or, Telephone: 4'/9 c ' `{ c O E-Mail: r�jx"F[i.Qc)\e&J L Cf .G( %i L City Facilities and/ or property requested: �J Date(s) of use: HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities On public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or damages 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 or related to the use of public property or the activity taken under the permit by the permititsagents, emplgyr contractors. gna . e of applicDate Certificate of Insurance Approved by , tjd' J(.j Name and Title 4 Safety/ Security Please describe your procedures for crowd control and internal security: YES NO Have you hired any Professional Security organization to handle Security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: 5 Monitoring Alcohol Consumption Please describe your producers for monitoring alcohol consumption: Organization must designate a person to ensure that alcohol is being served to persons 21 years of age or older. The designated alcohol server must also be 21 years of age or older. Name: Contact phone number the day of event: YES NO Have you hired any Professional Security organization to handle Security arrangements for this event? If YES_, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: 6 DeS GENERAL SERVICES State. of California • Arnold Schwarzenegger, Governor State and Consumer Services Agency DEPARTMENT OF GENERAL SERVICES Office of Risk and insurance Management 707 Third Street • West Sacramento, CA 95605 • (916) 376-5300 • www.prim .ds.ca.aov August 5, 2010 Ms. Brenda Hodges Martin Luther King Community Senter 140 W. 12th Street, Suite B National City, CA 91950 STATE OF CALIFORNIA PUBLIC LIABILITY AND WORKERS' COMPENSATION INSURANCE FISCAL YEAR JULY 1, 2010 / JUNE 30, 2011 RE: 9-23-10 Youth Job Fair, S.A.V.E., Students are Valuable Employees Dear Ms. Hodges: The State of Califomia has elected to be self -insured for general liability exposures. (Gov. Code section 990, et. seq.) Under this form of insurance, the State and its employees (as defined in Section 810.2 of the Govemment Code) are insured for any tort liability that may develop through the carrying out of official State activities and operations. All general liability tort claims against the State of California should be presented to the Victim Compensation and Government Claims Board, P.O. Box 3035, Sacramento, CA 95812-3035. (Gov. Code section 900, et. seq.) Internet link: www.vcocb.c8.uov. In addition, the State of California has elected to be insured for its motor vehicle liability . exposures through a self-insurance program, administered by the Office of Risk and Insurance Management. Under this program, the Office of Risk and Insurance Management administers liability claims arising out of the operation of motor vehicles. This self-insurance program and the protection it affords applies to vehicles owned, and leased by the State of California. All . motor vehicle liability tort claims against the State of California should be presented to the Office of Risk and Insurance Management, P.O. Box 989052 MS-403, West Sacramento, CA 95798- 9052, (800) 900-3634. • The State of California has a Master Agreement with the State Compensation Insurance Fund regarding workers' compensation benefits for all state employees, as required by the: Labor Code. Sincerely, Dierks Risk Analyst 6-376-5279 jeff.dierks(das.ca.00v ,City of National City Facility Use Application 140 E. 12th Street, Ste. A National City, CA 91950 (619) 336-4290 Fax (619) 336-4292 After hours dispatch: (619) 336-4411 TO ALL APPLICANTS: It is strongly recommended that an applicant requesting use of a City Facility attend the City Council meeting when the item is scheduled for consideration in order to answer any questions from the City Council - Facility Requested: please circle ing Jr. Building South Room Entire Facility Kimball Senior Center Casa De Salud Date(s) of Use: ! ,✓,3470 tO Day(s) of Use: Time of Use: From: 2 OD AM/To: 42:067 AM %H (Aes D, y INCLUDE SET-UP & CLEAN-UP TIME - pe of Function/Activity: ` 6 U ( f `ame & Address of Organization/Group: 1 { Is the event open to the public? Non-profit organization • no Tax ID # /' ?) ) Fercgntage of National City Residents 9O ! Q Will Admission be charged? Amount $ ,P Will this be a Fund Raising Event? Anticipated Maximum Attendance: )O Equipmerit Requested: .5 d .t# of chairs IPodium/Microphone Use of Kitchen: Yes No Use of Gas for Range and Oven: Yes No 30 # of banquet tables Is the Use of Alcohol Requested? Stage Will other paid services be used (i.e., commercial caterer, DJ, Band, etc)? YES NO O Name: Phone: Name: Phone: How many times in the last twelvemonths have you requested to use a City Facility? It is expressly understood and agreed that the applicant assumes all risks for loss, damage, liability, injury, cost or expense that may arise during or be caused in any way by such use or occupancy of the facilities of the City of National City and/or Community Services Department. The applicant further agrees that in consideration of being permitted the use of the facilities agreed to, they will save and hold harmless the said ty of National City, its officers, agents, employees and volunteers from any loss, claims, and liability damages, and/or injuries to persons and property that in any way may be caused by applicant's use or occupancy. I, the undersigned, hereby certify to -abide by the regulations governing said facility and agree to abide by all City of National City ordinances and facility rules and policies, and be representative of the user organization. Further, I agree to be personally responsible for any damage/loss sustained by the grounds, building, furniture or equipment or unusual clean up occurring through the occupancy of said facilities. Applicant recognizes and understands that use of the City's facility may create a possessory interest subject to property taxation and that Applicant may be subject to the payment of property taxes levied on such interest. Applicant further agrees to pay any and all property taxes, if any assessed during the use of the City's facility pursuant to Sections 107 and 107.6 of the Revenue and Taxation Code against Applicant's possessory interest in the City's facility. I CERTIFY THAT I HAVE RECEIVED A COPY OF THE RULES AND REGULATIONS FOR THE FACILITY REQUESTED, AND I AGREE FOR MY ORGANIZATION/GROUP TO CONFORM TO ALL OF ITS PROVISIONS. DATE COMPLE I ED: g-.. c 01( PRINT NAME: fegn. i 4 Grp..© i)i4 D SIGNATURE: ADDRESS OF APPLICANT: 4'3 CITY, STATE,,/ and ZIP CODE: CJAA ,i)(cc.'c. c . ?-i e PHONE: DAYVo/? g66- VENING EMAIL: 111Ca,0_0,r.broe-oO.C4.-j,iJFAX NUMBER: CONTAC I PERSON ON THE DAY OF THE EVENT: 4-4_1 ff E/tf H ( o JD Z HOME PHONE: ((v1Q) II CELL: (fro() 'S%7 - /3SW Please type or print clearly with a ballpoint pen. Complete application must be submitted and payment submitted in advance of the event. Community Services Staff Only - Rental Amount Received: Receipt Number: Deposit Amount: Deposit/Key Returned: Check Key Issued: YES NO 3 CITY OF NATIONAL CITY PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT .ersons requesting use of City property, facilities or personnel are required to provide a minimum of 81,000,000 combined single limit insurance for bodily.injury and property damage which include 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. g Y/�f � dL OP /Yf G Organization: ��n �� EitJ rt1( Person in charge of activity: /23//2II , e- i. + Ca4_0704 c Address: - *3 9 ..-r7Ptaer2o (_I1 t)« Telephone: @/q) -5t9.o E-Mail: • j%1lra.06%-r74-pt-cDD.G4 gvd City Facilities and/or prope requested: 77c -IA./ 0rc.i) titiiy Dates of use: ` `J HOLD HARMLESS AGREEMENT 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 its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or -damages 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 to the activity taken under the permit by the permitee or its agents, employees or contractors. Signature of\Applic Certificate of Insurance Approved by Name(adjd 1 to icial Time Date Safety/ Security Please describe your procedures for crowd control and internal security: YES NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: Monitoring Alcohol Consumption tease describe your procedures for monitoring alcohol consumption: Organization must designate a person to ensure that alcohol is. being served to persons 21 years of age or older. The designated alcohol server must also be 21. years of age or older. Name: Contact phone number the day of event: YES NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES; please list: Security Organization: Security Organization Address: Security Director (Name): Phone: 6 Public Works Police Department _ Fire Department Community Services Building and Safety Engineering Risk Management Finance. Department Planning Department Yes No Condition(s) of Approval - Initial Specific Conditions of Approval: Date 7 :3:30pm-5:30pm Date: 23,2010 From 15-24 :Martin Luther King Community Center 140 E.12" Street National City, CA 91911 For more information, Contact the YEOP Specialists at: [6191266-4251 Employment Development Department California - Sea World - Macy's - Northgate - CCIFA - And many more •AN OIC60 WORKFDRCE PARTNERSHIP` Employment EDD Development Department State of California Greetings! SAN n1EOn WORKFORCE PARTNERSHIP' The Youth Employment Opportunity Program would like to invite you to our "Students Are Valuable Employees" (S.A.V.E.) event. This will be a job and resource fair that will be promoted to youth ages 15 to 24. Our goal is to provide young individuals with the various job opportunities and resources that are available in their communities. We would like for you to attend our Job and Resource Fair to share your job opportunities, resources and programs. Please join us on Thursday, September 23Fd, 2010 at the Martin Luther King Community Center located at 140 E. 12th Street, National City, CA 91950. The agenda for this event is as follows: • 2:30PM — 3:OOPM: Set up • 3:OOPM - 3:30PM: Welcome Reception • 3:30PM - 5:30PM: Doors Open to the Public A station with a table and chairs will be provided for you to set up your materials. Attached is a copy of the "S.A.V.E." flyer and information about the Youth Employment Opportunity Program. Please feel free to share this information with others. We appreciate your continued interest in giving youth an opportunity to explore all available resources in their communities. We sincerely hope that you join us in making a difference. For additional information or questions, please refer to the contact information below. Please RSVP by September 9th, 2010 by responding to this e-mail. We are looking forward to seeing you at our "S.A.V.E." event. Best Regards, ,9Xxt,4 Cekm,a/ &oinmaello Maria Elena Coronadio Employment Development Department Youth Employment Mentor South Metro Career Center 4389 Imperial Avenue San Diego, CA 92113 (619)266-4251 mcoronad©edd.ca.gov CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 7, 2010 AGENDA ITEM NO. 21 iM TITLE: Request to use Martin Luther King Jr. Community Center by National City Community Concert Band for public concerts to be held on 9/15/10 and 12/18/10 from 3pm-9pm. Concerts are co -sponsored by the City. . PREPARED BY: Brenda E. Hodges, DirectorDEPARTMENT: Community Services PHONE: X4290 EXPLANATION: The National City Community Concert Band is requesting use of MLK (north and south rooms), for two public concerts to be held on 9/15/10 and 12/8/10. Estimated attendance for each concert is approximately 250 attendees with the majority from National City. Fees: Refundable Deposits: Facility Use Fee: $ 100.00 Cleaning: $100.00 Hall Fee: $1055.64 Chairs: $ 375.00 Custodial: $ 342.00 Total: $1872.64 (for both days) This is a City co -sponsored event, and as such qualifies for City support of $1000/day. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. n/a APPROVED: MIS Approving the request will result in fees in the amount of $0 after City support waiver, plus a refundable deposit of $100.00 ENVIRONMENTAL REVIEW: n/a ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the Request for Use, with City support of $1000/day BOARD / COMMISSION RECOMMENDATION: n/a ATTACHMENTS: 1. Facility Use Application (4 pages) CALIFORNIA NATIONAL elTy 1311 Ii'CUgppg AT£u The City of National City Facility Use Application 140 E. 12th Street, Ste. B National City, CA 91950 (619) 336-4290 Fax (619) 336-4292 After hours dispatch: (619) 336-4411 TO ALL APPLICANTS: It is strongly recommended that an applicant requesting use of City Facility attend the City Council meeting when the item is scheduled for consideration in order to answer any questions from the City Council. Facility Requested: please circle Marti • Luther King Jr. B ilding oom 5- V' z/F Entire Facility; Date(s) of Use: 9 /)//O O 2 k111 Day(s) of Use: LA-)ec=?Lkad Time of Use: From: 3 A PM To: AM INCLUDE SET-UP & CLEAN UP TIME pe of Function/Activity: t ) b `c. ( 6 �� Is the event open to the public? Name & Address of Organization/Group: We A' c^ Non- profit organization: Yes PFLc• f i- 41.1 Vel Oil -Anticipated .Maximum Attendance: 2 -0 Will Admission be charged? TV 1 Amount $ Equipment Requested: 2- 5-0 # of chairs e S Podium/Microphone Use of Kitchen: Yes No Is the Use of Alcohol Requested? AJ 0 Will other paid services be used (I. e, commercial caterer, DJ, Band, etc)? Name: Phone: Name: Phone: Tax ID# c.1:c )ercentage of National City Residents YES MDS. Will this be a Fund Raising Event? /1/ 0 # of banquet tables )( Stage **PLEASE ATTACH SEATING DIAGRAM** Use of Gas for Range and Oven: Yes }{ No Yes X No lff_ ( /EfLJ 2 APPLICATION INSTRUCTIONS 1. Complete and sign the application for the use of the City Facility 2. A certificate of Liability Insurance in the amount of $1,000,000 naming the "City of National City" as an additional insured is to be attached to the application. a. If alcohol is sold or served, host liquor or liquor liability coverage with minimum limits of $1,000,000 must also be provided. 3. A letter addressed to the Director of the Community Services Department explaining what the event is for, date, time, number of people, and any other information that may help to support the use of facility. 4. The above letter must be delivered to the Community Services Department: 140 East 12`h Street, Suite B National City, CA 91950 5. If you have any questions, please call the Community Services Department at: (619) 336-4290 Vy-r 7 -re S No; , zxc_Fz7 -4 .4 yew 1 4 5pL, ie I3.d-A,r2r S 2r.'.k1 5 .4-ALT) F�rf trs c�F A/,-;1C.v,-r✓ How many times in the last twelve months have you requested to use a City Facility? It is expressly understood and agreed that the applicant assumes all risk for loss, damage, Liability, injury, cost or expense that may arise during or be caused in any way by such use or occupancy of the facilities of the City of National City and/or Community Services Department. The applicant further agrees that in considerations of being permitted the use of the facilities agreed to, they will save and hold harmless the said City of National City, its officers, agents, employees and volunteers from any loss, claims, and liability damages, and/or injuries to persons and property that in any way may be caused by applicant's use or occupancy. I, the undersigned, hereby certify to abide by the regulations governing said facility and agree to abide by all City of National City ordinances and facility rules and policies, and be representative of the user organizations. Further, I agree to be personally responsible for any damage/loss sustained by the ground, building, furniture or equipment or unusual clean up occurring through the occupancy of said facilities. Application recognizes and understands that use of the City's facility may create a possessory interest subject to property taxation and that applicant may be subject to the payment of property taxes levied on such interest. Applicant further agrees to pay any and all property taxes, if any assessed during the use of the City's facility pursuant to sections 107 and 107.6 of the revenue and taxation code against applicant's possessory interest in the City's facility. I CERTIFY THAT I HAVE RECEIVED A COPY OF THE RULES AND REGULATIONS FOR THE FACILITY REQUESTED, AND I AGREE FOR MY ORGANIZATION/ GROUP TO CONFORM TO ALL OF ITS PROVISION. DATE COMPLETED: 7,141 _J /� t PRINT NAME: .ci��f f v Ai. ( l "o;u,a+ iu nC riff SIGNATURE: ADDRESS OF APPLICANT: P O 1 CITY, STATE, AND ZIP CODE: 0-11. u � V t 5-1-6- CA (/ f 91 PHONE: DAY 5 f i -V/46 FAX NUMBER: CONTACT PERSON ON THE DAY OF THE EVENT: [et Re: f c{ PHONE: ( ) '0 CELL: ( ) A N4 E HAVE YOUR COPY OF APPLICATION IN POSSESION DURING USE Please type or print clearly with a Ballpoint pen. Complete application must be submitted and payment submitted in advanced of the event. Community Services Staff Only - Rental Amount Received: Receipt Number: Deposit Amount: Deposit/ Key Returned: Check Key issued: YES NO 3 Safety/ Security Please describe your procedures for crowd control and internal security: 73-(i 5 L4 e %iC' &U SSU ' ,,V ; 1_/T a7A %h2- f !_Ul !1-Need ocvf' a.on;>fTs / f- ✓6 I .0 t_1 d i=„14 .ham i l + ft-pp 4t t • 4 I- s✓ 7 �-f-Z /i447e,✓L 4-Nd \frill o�y Cc.vcWI cm keitc L°.!}c.J 1/30e 4 /cG,,e 77115. YES NO Have you hired any Professional Security organization to handle Security arrangements for this event? If YES, please list Security Organization: Security Organization Address: Security Director (Name): Phone: 5 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 7, 2010 AGENDA ITEM NO. 22 M TITLE: Request to use Martin Luther King Jr. Community Center (north) by NC Chamber of Commerce, for the "Salute to Navy" luncheon on 10/6/10 from 9am-3pm. This event is co -sponsored by the City. . PREPARED BY: Brenda E. Hodges, Director 1 PHONE: X4290 EXPLANATION: The Chamber of Commerce is requesting use of MLK North, for the annual "Salute to Navy" luncheon on October 6, 2010. The Chamber estimates approximately 350 attendees with 75% from National City. DEPARTMENT: Community Services Fees: Refundable Deposits: Facility Use Fee: $ 50.00 Cleaning: $100.00 Hall Fee: $527.82 Kitchen: $ 60.00 Kitchen: $ 60.00 Chairs/Tables: $297.50 Custodial: $264.00 Total: $1199.32 is a City co -sponsored event, and as such qualifies for City support of $1000/day. FINANCIAL STATEMENT: ACCOUNT NO. n/a APPROVED: APPROVED: Finance MIS Approving the request will result in fees in the amount of $199.32 after City support waiver, plus a refundable deposit of $160.00 ENVIRONMENTAL REVIEW: n/a ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the Request for Use, with City support of $1000/day BOARD / COMMISSION RECOMMENDATION: n/a ATTACHMENTS: 1. Facility Use Application (8 pages) HUU-11-010 0:q1 IU:3364292 P.1/9 '61:\q:•-ilff[177712; OF FA) (Wig) 33(9 -47U9 40+0 _kod-i-ct .I.LakLeiabipts //JD _ _t-. D AYE : msur sk_Lcd- 901 h-1CA , Bet'n,:i•.- 619 619 i't RUG-11-2010 09:11 FROM: vat Lur LUiu 3LW 1:cc rax TO:3364292 P.2/9 Iguuoruvo •— cauooeutA •-- NA1TIONAL CITY 1:3•,' �Ar.flil NSrKt) The City of National City Facility Use Application 140 E 12't' Street, Ste. B National City, CA 91950 (619)336-4290 Fax (619) 336-4292 A.Iler hours dispatch: (619) 336-4411 TO ALL APPLICANTS: It is strongly recommended that nn applicant requesting use of City Facility attend the City Council meeting when the item is scheduled for consideration in order to answer any questions from the City Council. Facility Requested: please circle Martin Luther King Jr. Buildin North Room South Room Entire Facility Dates) of Usc: Xadtberi,Lts2D I Q Day(s) of Use: _WH Y\ p_S dci v Time of Use: Frain. '3 . QO eit,PM To: 31 0 AM - INCLUDE SETT -UP & CLEANUP TIME Type of Function/Activity:a \11 .�-r� �j( GIs the event opcn to the public?\11,1,(41► (s + c c- Name & Address of Orgnnizadon/Group: We,. aanituRilimarpara0j jjahrialLeili 'Bl\d . ki .c - q (Clsp Non- profit organization: es No Tax ID # `J.O3$11 S5 Anticipated Maximum Attendance: 350 l'eeeentage of National City Residents 15 °la Will Admission be charged? Amount $ Will this be a Fund Raising Event? Equipment Requested: 350 # of chairs 35 # of banquet tables _X_ Podium/Microphanc Nv "PLEASE ATTACH SEATING DIAGRAT1i*-471 Lige of Kitchen: _ Yes No Use of Gas for Range and Oven: XYes No la the Ur3e of Alcohol Requested? W Will other paid services be used (I. c, commercial caterer, D.I, Band, etc)? X Yes No Namc:53 h 69-H = G1(1 (1 Phone: (b (q) aa3 — I 1 Fla-' Name: Phone: RUG-11-2010 09:41 FROM: u fLU/ZULU•.. TUC L7t as i`NA TO:3364292 P.3,9 t¢rvvar vvo ]-low many times in the last twelve months have you requested to use a City Facility? _L It i.s expressly understood and agreed that the applicant assumes all risk for Toss, damage, Liability, injury, cost or expense that may arise during or be caused in any way by such use or occupancy of the facilities of the City of National City and/or ('urnmtmily Services Department - The applicant further agrees that in considerations of being permitted the use of the facilities agreed to, they will save and hold harrniess the said City of National City, its officers, of exits, employees and volunteers from any loss, claims, and liability damages, and/or injuries to person; and property that in any way my be caused by applicant's use or occupancy, I, the undersigned, hereby certify to abide by the regulations governing said facility and agree to abide by all City of National City ordinances and facility rules and policies, and be representative of the user organizations. Further, I agree to be personally responsible For any darnage loss sustained by the ground, building, furniture or equipment or unusual clean up occurring through the occupancy of said facilities_ Application incogni= and undemtands that nsa oldie City'a facility may create a possessory intetesl subject to property taxation and that applicant may be s'<rl feat to the payment of property taxes levied on such interest Applicant further agrees to pay any and all property taxes, if any assessed &trina.the use of the Clty's facility pursuant to sections 107 and 107_6 of the revenue and taxation code against applicant's possessory interest in the Cily's facility. t C1`sfTIFY TilAT I HAVE. RECEIVED A COPY Or 'Me RULES AND RUGULATIONS POR TIIR PACILrry REQUESTED, AND I ACME. FOR MY ORGANI7,AT'ION/ GROUP TO CONFORM TO ALL OF ITS PROVISION. DATE COMPLETED: kkk9u.th 10laolo PRINT NAME: S�CIPI RE. as i sIr;NATuRr: ADDRESS OF APPLICANT: 1_101.IUci'►zot CITY, STATE, AND ZIP CODENfAlMf PITONE: DAVCI.QMLITI �J39 FAX NUMBER: 411--S61.g HAVE YOUR COPY Ot+` APPLICATION IN POSS11SION DURING USE Please type or print clearly with a Ballpoint pen. Complete application mnst be submitted and payment subrniued in Fidvariced of the event. CONTACT PERSON ON -11E DAY OF THE 1=.VENT:EckCAV1l1ndaapO PHONl:41 &711-1339 CELL:( iIlt411Bc10—LQln1LI CnnmamiIy Saniee9 StniYllply- Itcmol Antnw,I !leeched: -___„___ ,_ leercipi Norm Ut __ rh1xtsil Auma tot: Ihptxritl Kay aemtled: _ _ _ ...._ Cheek ............ Kay navel. .-- 11i NO RUG-11-2010 09:42 FROM: T0:3364292 P.4/9 CITY OF NATIONAL CITY PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Person requesting use of City property, facilities or personnel are required to provide a minimum of S 1,000,000 combined single limit insurance for bodily injury and property damage which ineludc the city, its officials, agents and employees named as additional insured and to sign the hold harmless agreement. Certificate of Insurance must be attached to this permit. Organization; Person in elmrge of activity: .c\o„c t (��.1Q I� . 11Qcn Address: qLJ 01 I.1Ctiiion jt �� �yd > N . CA. 'rig) Telr3>hone p tqJ 14T1 9339 E-Mail:: Q50111 Yl City Facilities and/ or property requested! Ivic l lijli� O -tni- Date(s)ofuse: DC,11d.9.d9, Q osir ( C O('O 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 agrcc(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or damages 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 or related to the use of public property or the activity taken under the permit by the permit or its agents, employees or contractors. Signature of applica Certificate of Insurance A ppmved by Te i) 0 Date(( Name and Title 4 HUG-11-2010 09:12 FROM: TO:3361292 P.5/9 Safety/ Security Plonse describe your procedures for crowd control and internal security: &t taitzhv Qr Qo OM. R OJ-Q 4ea9d YES X NO Have you hired any Professional Security organization to handle Security arrangements for this event? if YES, please list, Security Organization; 3oc<n•ity Organization Ad<Ererz: Scott it Director (Name): Phoney 5 RUG-11-2010 09:42 FROM: TO:3364292 P.6/9 Monitoring Alcohol Consumption Please describe your producers for monitoring alcohol consumption: Organization must designate a person to ensure that alcohol is being served to persons 21 years of age or older. The designated alcohol server must also be 21 years of age or older. Name: Contact phone number the day of event: YES NO Have you hired any Professional Security organization to handle Security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name); Phone: RUG-11-2010 09:42 FROM: TO:33E4292 P.7/9 ACORD CERTIFICATE OF LIABILITY INSURANCE 'RODUCER 4ateridge Insurance Services 1.0'' Sorrento Valley Rd. ego CA 92121 858-452-2200 Fax:858-452-6004 VSURSD National City Chamber of Commerce; Mile of Cars Assoc, 901 National City Boulevard National City CA 91950 OP ID DATE IMM/bOiyyyy) NCCHANPI 10/05/09 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURER A Aaauranca Cmmpany of Amaeica NAIC M 19305 INSURER B: INSURER C. INSURER D. INSURER E. :OVERAGES THE POLICIES DP INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH IRIS CUTTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED RY THE POL ICIE8 DESCRIBED HEREIN 13 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY NAVE BEEN REDUCED BY PAID CLAIMS 3WYWU'C TR NSRt TYPE OF INSURANCE POLICY NUMBER POLI�y CFF[CTNE DATE (MMIDDIYYI POLICY EXPIRATION OATS IMM/OD/1'YI LIMITS GENERAL LIABILITY EACHOCCURRENCE 12,000,000 4. X X COMMERCIAL GENERAL LIABILITY PAS39912516 09/22/09 09/22/10 PREM E8S aomNn.a1 $2,000,000 CLAIMS MADE. X OCCUR MED EXP (Any onoparagn) 3 10 , 000 PERSONAL aADV INJURY 3 2,000,000 GENERAL AGGREGATE $4 000 000 GERI_ ^•� AGGREGATE LIMIT APPLIES PER. PRODUCTS - COMP/OP AGG , , S 4,000, 000 POLICY f.....1 jF[;)° n LOC L AUTOMOBILE _ LIABILITY ANY AUTO PAS389],2316 09/22/09 09/22/10 COMBINED SINGLE LIMIT s1,000,000 _ ALL O WNED AUTOS SCHEDULEDAUTOS BODILY INJURY )Pe, maim)S X X HIRED AUTOS NON -OWNED AUTOS - BODILY INJURY IPer secldent) 1 - PROPERTY DAMAGE (P r accident) s 4RAGELIABILITY AUTO ONLY -EA ACCIDENT 1 •••- • ANY AUTO OTHER THAN EA ACC $ AUTO ONLY. ACC a EXCESS/UMBRELLA LIABILITY FACN OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE s 1 DEDUCTIBLE s RETENTION 3 ._._.._.... S WORMERS COMPENSATION AND EMPLOYERS' LIABILITY TORY UI S M ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLU0ED7 B Oe6ulue EL DISEASE- EA EMPLOYEE S yas. SPECIAL PROVISIONS trobw TI E.L. DISEASE - POLICY LIMIT $ OTHER ICRIPTION OF OPERATIONS I LOCATIDN5 / VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVIBIONs 1XCEPT 10-DAYS NOTICE OF CANCELLATION FOR NON-PAYMENT OF PREMIUM. THE CITY , NATIONAL CITY, ITS OFFICIALS, BOARDS, COMMISSIONS, EMPLOYEES, AGENTS AND )NTRACTORS, AS THEIR RESPECTIVE INTERESTS MAY APPEAR ARE NAMED ADDITIONAL ISURED W/RESPECT TO GENERAL LTABTLITY PER ATTACHED CG2012 05/09. RE: NAND ISURED'S SIGNS LOCATED IN THE CITY LIMITS OF NATIONAL CITY (OD) RTIFICATE HOLDER CANCELLATIO NAT1002 CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD. NATIONAL CITY CA 92050 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL EIDEANDE41, MAIL 30 * DAYS WR1IYFN u bTALL NOTICE TO THE CGRTIPICATE HOLDER NAMED TO THE LEFT, IS I rAIL vt$- AUDIO E//KKJ�N tyVC /�.SVZule DRD 26 (2001/08) 0 ACORD CORPO1 ATION 19g8 AUG-11-2010 09:43 FROM: TO:3364292 P.879 NOTEPAD: INSURED'SNAME Nations], City Chamber of ***NAMED INSURED SCHEDULE READS AS FOLLOWS: NA;TIoNAL CITY CHAMBER OF COMMERCE E OF CARS ASSOCIATION NCCHAM1 OP ID MR PAGE 3 DATE 10/05/09 HI -11 -CVii I VJ7:4 r-Kuu,: IU:ii64�9U P.9/9 National City Chamber of Commerce POLICY NUMBER: PAS38912516 COMMERCIAL GENERAL LIABILITY CG 20 12 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION - PERMITS OR AUTHORIZATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE State Or Governmental Agency Or Subdivision Or Political Subdivision: Au Required by Written Contract, Agreement or Permit Information required to complete this Schedule, if not shown above, will be shown in the Declarations, action 1I — Who Is An Insured is emended to In- %.,ude as an insured any state or governmental agency or subdivision or political subdivision shown in the Schedule, subject to the following provisions: 1. This insurance applies only with respect to opera- tions performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or au- thorization. 2. This insurance does not apply to: a. 'Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or b. "Bodily injury" or "property damage" included within the "products -completed operations hazard". CG 20 12 05 09 Insurance Services Office, Inc., 2008 Page 1 of 1 0 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 7, 2010 AGENDA ITEM NO. 23 EM TITLE: Notice of Decision — Planning Commission Approval of a Conditional Use Permit to operate a group counseling center at 2414 Hoover Avenue, Suite A, B, and C (Applicant: Jeanne McAlister) (Case File 2010-21 CUP) PREPARED BY: Peggy Chapin DEPARTMENT: Dev Svcs/Planning. PHONE: 336-4319 APPROVED EXPLANATION: The applicant proposes to a counseling center within a 5,400 square foot building is part of the Southport Industrial/Commercial center south of Mile of Cars Way. The counseling center would provide group outpatient substance abuse education and counseling services for up to 25 clients between 9:00 a.m. and 9:00 p.m. Monday through Friday, and from 10:00 a.m. to 2:00 p.m. on Saturdays. Typically, the use would be classified as an office use, however the Land Use Code specifically states that group counseling is permitted within the Commercial Tourist zone upon approval of a Conditional Use Permit. The center provides 141 parking spaces which are in excess of the required 126 spaces. There are 30 parking spaces available to the building proposed for the counseling center where only 27 spaces are required by code. V The Planning Commission held a hearing on August 16, 2010, at which time there were no concerns expressed regarding the proposed use. The Commission requested to add a Condition to the resolution that requires the applicant maintain a current City business license and provide documentation annually that the appropriate state nse is up-to-date. The Commission voted to approve the CUP based on required findings and subject to editions of Approval. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: Project is exempt under CEQA. ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed BOARD / COMMISSION RECOMMENDATION: The Planning Commission approved the Conditional Use Permit. Ayes: Alvarado, Baca, DeLaPaz, Farias, Flores Pruitt, Reynolds ATTACHMENTS: Location Map Planning Commission Staff Report 3. Resolution 20-2010 4. Reduced Plans )S 1.0 Wilson Ave ML-PD • 0 Subject Parcel Zone Boundary Mile.of.Cars.Way - 0 0 1 1 1 1 1 1 1 1 1 1 1 1 1 1 -J 1 0 0 0 i N M - 2 W. 25th St. �1 1 IFeet 0 75 150 300 2504 APN: u62-340-15 Planning Commission Location Map 2010-21 CUP 7-3 07.29.10 Title: 1 CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT Item no. 5 August 16, 2010 Public Hearing — Conditional Use Permit to operate a group counseling center at 2414 Hoover Avenue, Suites A, B & C. Case File No.: 2010-21 CUP Location: West side of Hoover Avenue at West 25'h Street. Assessor's Parcel No: 562-340-15 Staff report by: Martin Reeder — Assistant Planner Applicant: Jeanne McAlister Property owner: CIP Venture Combined General Plan/ Zoning designation: Tourist Commercial (CT-PD) Parcel size: 3.12 acres Adjacent land use/zoning: North: Office use across Mile of Cars Way / ML-PD East: Office use across Hoover Avenue / ML-PD South: Office use / ML-PD West: Office and commercial uses / (CT-PD) Environmental review: Not a project under CEQA 2 BACKGROUND Site Characteristics The project site is a 5,400 square -foot building that is part of the Southport Industrial/Commercial center south of Mile of Cars Way. The center is on the southwest corner of Hoover Avenue and Mile of Cars Way in the Tourist Commercial (CT) zone. There are four buildings on the subject property totaling approximately 34,799 square feet. Proposed Use The applicant proposes to provide group outpatient substance abuse education and counseling services for up to 25 clients between 9:00 a.m. and 9:00 p.m. Monday through Friday, and Saturday from 10:00 a.m. to 2:00 p.m. The intended clients would be pregnant and parenting women, and would be treated/counseled in an outpatient setting. Analysis Group counseling is permitted in the CT zone with the issuance of a Conditional Use Permit. Specifically, the use is noted in Use Group 8 — Community, Cultural & Public Recreational Services — a conditionally -allowed use in the CT zone. Individual and family counseling, which may or may not occur, is a use allowed by right (Use Group 27 — Offices and Studios) in the CT zone, therefore not part of this CUP. The existing building is part of a complex devoted to office and light industrial uses. In this particular part of the Southport Industrial/Commercial center, the uses are predominantly office -related. The three suites of this building are interconnected, thus able to function as a single suite. The floor plan shows three large open office areas where the group counseling would commence, and 10 smaller offices throughout the building. The offices would be used for smaller counseling sessions and business support operations. The entrance and reception area would be located in the northwest corner of the building. A site plan and floor plan are attached as Exhibit A. The McAlister Institute is an organization dedicated to improving the lives of underrepresented members of the community. The agency currently serves over 3,750 men, women, children and youth each month. The Institute has been providing services to the County of San Diego since 1977. The proposed use is required to obtain approval as an outpatient program through the California Department of Alcohol and Drug Programs (ADP), a condition of which has been included with this application. Although the parcel in question is part of a larger complex, the lot has approximately 141 parking spaces upon it. A minimum of 126 spaces are required by the Land Use Code for 34,799 square feet of office space. In addition, approximately 30 of the spaces are immediately adjacent to the subject building, where 27 would be required for a 5,400 square -foot office use. Furthermore, there are a significant number of 3 spaces throughout the complex that are also accessible. Considering in addition that some of the counseling sessions would be outside of normal business hours (evenings and weekends), parking spaces provided more than exceed code requirements. Comments were received from the Building Division and Fire Department, dealing with building and fire code requirements. Standard Conditions of Approval are also included, as well as a condition requiring all appropriate state permits to be obtained prior to operation. Summary The proposed counseling use is consistent with the Land Use Code with the approval of a Conditional Use Permit. The business is well established in the San Diego County area and is a service in need to the community. In addition, Conditions of Approval will ensure that the business operates in harmony with existing uses in the area. Furthermore, the potential impacts are minimal since the site is within an existing commercial area and ample parking is available on site. RECOMMENDATION Approve 2010-16 CUP subject to the conditions listed below, based on attached findings. ATTACHMENTS 1. Recommended Findings for Approval 2. Recommended Conditions of Approval 3. Location Map 4. Department comments 5. Public Hearing Notice (Sent to 8 property owners) 6. Site Photos 7. Exhibit A, Case File No. 2010-21 CUP, dated 6/30/2010 MARTIN REEDER Assistant Planner MAYAM BABA Development Services Director 4 RESOLUTION NO. 20-2010 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO OPERATE A GROUP COUNSELING CENTER AT 2414 HOOVER AVENUE, SUITES A, B & C. CASE FILE NO. 2010-21 CUP APN: 562-340-15 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit to operate a group counseling center at 2414 Hoover Avenue, Suites A, b & C advertised public hearing held on August 16, 2010, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. 2010-21 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Conunission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on August 16, 2010, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the proposed use will be within an existing building and since no expansion of the building is proposed. 2. That the site has sufficient access to Hoover Avenue, a collector street, and Mile of Cars Way, an arterial street, that are designed to carry through traffic, and since no building expansion is proposed. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the use is contained wholly within an existing building and the use is consistent with an office use which is permitted in the Tourist Commercial zone. 4. That the proposed use is deemed essential and desirable to the public convenience, since it will provide a service in need in the area among underserved portions of the community. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 5 General 1. This Conditional Use Permit authorizes a group counseling center at 2414 Hoover Avenue, suites A, B & C. Except as required by Conditions of Approval, all business activities at this location shall conform with the description as provided in Exhibit A, Case File No. 2010-21 CUP, dated 6/30/2010. 2. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Division, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Division that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide infomiation that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Division prior to recordation. 3. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. Building 4. Any plans submitted for improvements as part of this proposal must comply with the 2007 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, California Fire Code and California Title 24 energy and accessibility regulations. Fire 5. The project is to be in compliance with the current editions of NFPA, CFC, title 19 and local City of National City Municipal Codes. 6. Due to potential "Tenant Improvement" conducted at the space, the area shall be evaluated for its intended use as well as possible life safety systems such as sprinkler and fire alarm protection. As the classification of the building may change due to its intended use, contact shall be made with the Building Official for required upgrades such as exiting, occupancy etc. due to future tenant improvements. 7. A contractor's license is required for fire sprinkler and alarm design plans. Fire Protection Systems require a C-16 license and Fire Alarm Systems require a C-10 license. The contractor's stamp shall be visible on all sets of plans. 8. Fire Sprinkler, Fire Alarm, Fire Protection Systems and Fire Underground plans are to be directly submitted to the National City Fire Department under separate permits for review and permitting. Fees along with three (3) sets of plans including all "Cut Sheets and Calculations" shall be included upon submittal. Plan review shall be a 30 day plan review process or 21 working days. No over the counter plan reviews accomplished.. 9. Supervision (Fire Alarm) of sprinkler piping and fire detection devices shall be automatically supervised where more than 20 sprinklers are on the system. 6 10. Plans will not be reviewed until fees have been paid. Checks shall be payable to the City of National City. 11. Upon submittal for City permits, the following shall be included for Fire Underground plans: • Data sheet for Back -Flows • Data sheets for Private and Commercial Hydrants • Data sheets for Post Indicator Valves Information on required fire hydrants back -flow devices, etc; can be acquired from Sweetwater Authority. All pipe and their appliances, shall meet industry/code standards for under ground use. 12. Should any plan corrections be required, the contractor must correct the plan and re -submit to the Fire Department for approval prior to installation. 13. Once plans are approved, contact will be made with the contractor. The contractor will be required to retrieve the approved plan from the National City Fire Department. The contractor will be required to sign the permit and pick up the approved plans. Work may not commence prior to plan pick-up. 14. A rough inspection of all work is required prior to closure. All rough work shall be visible at time of inspection 15. A request for an inspection shall be made 48 hours in advance. The inspection shall be made once work is complete utilizing approved and stamped plans. The contractor shall be required to have the approved plans on site per code. 16. All contractors shall possess a National City Business License prior to Fire Department plan submittal. A copy of the business license will be required at the time of plan submittal. 17. All exit signs shall be illuminated with green lettering per National City Ordinance. Planning 18. Prior to operation of the business at this Iocation, all appropriate permits shall be obtained as required by the California Department of Alcohol and Drug Programs (ADP). 19. In order to keep the conditional use permit in force, the applicant shlal maintain a current business license and at the annual renewal shall provide appropriate documents that indicate the applicant has the appropriate state license. BE IT FURTI IER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. 7 CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of August 16, 2010, by the following vote: AYES: DeLaPaz, Farias, Alvarado, Baca, Pruitt, Reynolds, Flores NAYS: ABSENT: ABSTAIN: CHA AN 8 INTERSTATE 5 i 11 i 17171177 II 1 -------1 i pol i , 1 in.r.T7-7, in HI 1 II II 1 Firp-77777.7iTTr_riinTITTM777-11. __,:n_71.1.L. !!!! 1.,ir - I au& .7" - ,•.—. 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T1 .1-77 C MILE OF CARS WA1-' .111.1111' 111 El 1 H11711 10 .,74 E CBJL 4001.4LE OF CASS EXHIBIT A CASE FILE NO. 2010-21 CUP DATE: 6/30/2010 AVM StIVO dO ]-1111 T-‘• I/2. 6'-6 I/2° L OPEN OFFICE 1,241 S.F. A 0.EN oFFtc 860 S.F. ,71 OFFICE IS'-0 !/2' FLOOR PLAN OFFICE opFICE OFFICE n 2414 HOOVER AVE„ SUITES A, 5 t C B .. p., 1E _.� T-3" ....,r..=.r2' to BREAK RM, OFFICS OPEN OFFICE 3,2Q9 S.FC. OFFlOE 14.-2 I/2' RECPr'N. OFFICE OFFICE OFFICE NORTH CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 7, 2010 AGENDA ITEM NO. 24 =M TITLE: Notice of Decision — Planning Commission approval of a Modification of a Conditional Use Permit for a change of use from a senior assisted living and adult day care facility to a senior independent living and adult day care facility and a Variance request to allow less than the required parking to accommodate the change of use to an independent living facility. (Applicant Joseph Bendah) (Case File 2010-19 ltcuP/z) PREPARED BY: Peggy Chapi4/ PHONE: 336-4319 DEPARTMENT: Deve APPROVED B s/Planning. EXPLANATION: The 1.03 acre site extends from Highland Avenue to I Avenue, located within the General Commercial (CG) zone. The site currently contains a 3-story 151-unit living facility for seniors, a 55-space parking garage, and an adult day care facility. A Conditional Use Permit was approved in 1987 for a senior assisted living facility. In 2002, an adult day care was approved within the parking garage eliminating 23 parking spaces. This request involves changing the use from a senior assisted living facility to a senior independent living facility while retaining the adult day care and existing 55 parking spaces. A Variance from the required parking standards for apartments is requested to accommodate the change of use to senior apartments. The applicant proposes to provide additional parking at the adjacent church parking lot. The demand for vehicle ownership is limited since the site is in close proximity to services, it is located along a bus route (bus stop at church), and the residents are on limited income and typically do not own vehicles (currently there are 83 residents and only 10 vehicles). n^ August 16, 2010, the Planning Commission conducted a public hearing. Several residents of the senior facility ike in favor of the request. The Commission voted 7-0 to approve the MCUP and Variance. The Commission __Jed a condition requiring a Commission review in 3 years to ensure parking needs are met. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: ENVIRONMENTAL REVIEW: Not a project under CEQA, existing facility and no expansion proposed.) ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed BOARD / COMMISSION RECOMMENDATION: The Planning Commission approved the Conditional Use Permit. Ayes: Alvarado, Baca, DeLaPaz, Farias, Flores Pruitt, Reynolds ATTACHMENTS: Location Map Planning Commission Staff Report 3. Resolution No. 19-2010 4. Reduced Plans E. 24th St 1 1 1 1 1 1 1 1 I 0 O IC -OS Olivewood Elementary 2400 2428 2432 2440 2504 2530 r_ 1 1 1 1 1 1 1 Malt NM Me 2401 2437 2503 2525 2605 2627 2637 N CO 2416 1 2440 0 rn rn 2408 2416 2425 1 2424 1 RT 2503 2440 1 2531 1 2504 1 1 1 1 2510 1 Q I 2532 r> I (DI 2536 2540 E 26th St 0 2604 = 1 a) 2604 / o c I RS-2 RS-3-PDT - 1 1 t 1 1 1 1 1 1 1 1 1 1 1 Subject Parcel - - - Zone Boundary 1 1 0 75 150 IFeet 300 APN: b3-010-50 Planning Commission Location Map 1 2010-19 Z Item no. 3 August 16, 2010 IACORiI'OR9?�D CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT Title: PUBLIC HEARING - A MODIFICATION OF A CONDITIONAL USE PERMIT FOR A CHANGE OF USE FROM A SENIOR ASSISTED LIVING AND ADULT DAY CARE FACILITY TO A SENIOR INDEPENDENT LIVING AND ADULT DAY CARE FACILITY AND A VARIANCE REQUEST TO ALLOW LESS THAN THE REQUIRED PARKING TO ACCOMMODATE THE CHANGE OF USE TO AN INDEPENDENT LIVING FACILITY. Case File No.: 2010-19 MCUP/Z Location: 2525 HIGHLAND AVENUE Assessor's Parcel No: 563-010-50 Staff report by: Peggy Chapin, Principal Planner Applicant: Joseph Bendah Property owner: Nationwide Enterprises Plans prepared by: Joseph Bendah General Plan/Zoning: Commercial General (CG) Adjacent land use/zoning: North: Multi -family Residential / CG East: Single-family Residential / RS-2 South: Church / CG West: Commercial / RS-3 PD Environmental review: Not a project under CEQA (existing facility, no expansion) 2 BACKGROUND Site Characteristics and Existing Use The site is located on the east side of Highland Avenue, between 24th and 26th Streets. The 1.03-acre, L-shaped parcel extends from Highland Avenue to I Avenue and is zoned General Commercial (CG). The site contains a three-story structure previously approved as a 151-unit senior assisted living facility, with some surface parking and underground parking (totaling 55 spaces), and an adult day care. The site is in close proximity to retail and general services and a MTS bus stop is located in front of the adjacent church property. A 151-unit, 230 bed, assisted living facility was approved for the site in 1987. In 2002, a parking Variance was approved to allow a portion of the parking garage to be converted to an adult day care and reduce the allowable number of beds to 190. Over the years, the applicant has been unable to maintain the state license required for an assisted living facility; the residents generally do not require assistance or, those who do, contract independently for specific assistance. HISTORY There are several discretionary permits previously approved for the site. These include: • CUP 1987-3 approved June 9, 1987, Resolution 15,340 • Substantial Conformance request approved April 3, 1999 • Z 2002-1 approved June 3, 2002, Resolution 15-2002 • Z 2005-4 approved August 15, 2005, Resolution 23-2005 The site was previously approved for an Assisted Living Facility (CUP 1987-3). When completed, the three-story facility provided 151-units; 146 studios and 5 one -bedroom units ranging in size from 280 to 520 square feet. The occupancy was approved for 230 residents which would allow for more than one bed per unit. As approved, the facility contained 78-parking spaces within a garage, a dining room, common areas on each floor, 94-units with decks, a 1,500 square foot common deck, and laundry facilities. Each of the units did not have a full kitchen but contained a bar area with a small refrigerator, sink, and microwave. At that time, the parking met the current Land Use Code requirement of one space for every three beds (230 assisted living residents /3 = 78 spaces). Resolution 15,340, dated June 9, 1987 for CUP 1987-3, contained the following requirement: "18. Use of the property shall be limited to an elderly care facility, to be licensed by the State for limited care of ambulatory, elderly residents, with provision of meals, medical distribution and recreational activities." 3 In April 13, 1999, the owner, Mr. Bendah requested the Council consider whether the operation of the facility with senior ambulatory and non -ambulatory (assisted and independent) residents complied with the requirement to provide an elderly care facility. The Council approved the substantial conformance request. The condition requiring a state license was not modified. In 2002, Mr. Bendah requested a variance to convert a portion the parking garage into a 6,000 square foot adult day care and reduce the parking from 78 to 55 spaces; a loss of 23 spaces. It was determined that the adult day care did not require a Conditional Use Permit, since the use was similar to the existing assisted living facility. The Variance application stated that the adult dare care would operate Monday through Friday, from 8:00 a.m. until 5:00 p.m. The applicant agreed to reduce the potential number of assisted living residents from 230 to 200 (requiring 67 spaces). The staff report evaluated the request stating that the reduced parking was justified since site surveys indicated there was excess parking at various times of the day; the adult day care would use daytime parking whereas residents who drove would use nighttime parking; the adult day care would provide a vehicle to transport the attendees and/or they would be dropped off; and similar adult day care facilities in National City also provided limited parking. The Land Use Code does not provide standards for parking for adult day care facilities. Resolution 15-2002 was approved on June 3, 2002 which reduced the number of residents to 190. It also listed the following conditions: 11. "If the Adult Day Health Care of Assisted Living facility uses at the site are discontinued the area occupied by the Adult Day Health Care facility shall be converted back to a parking garage." 13. "The parking Variance shall expire after three years of the date of adoption of the Resolution approving the Variance. At the point of expiration, the applicant shall re -apply to continue to use the Variance, or the area occupied by the Adult Day Health Care facility shall be converted back to a parking garage." In 2005, Mr. Bendah applied to renew his Variance as required by Resolution 15-2002 condition #13 (noted above). The renewal of the Variance was approved on August 15, 2005 pursuant to Resolution 23-2005 which did not have an expiration date but did retain condition No. 11 noted above. Request The applicant is requesting to modify the existing Conditional Use Permit as follows: 4 1. Change the use from an senior assisted living facility to a senior independent living facility, and 2. Remove the condition from the approved Conditional Use Permit (CUP 1987-2) that requires a state license. Additionally, the applicant requests a Variance to allow a reduction in the number of parking spaces required for a senior independent living facility. ANALYSIS Modification to Conditional Use Permit — Change of Use Independent Senior Living Facility The change of use would allow rental to seniors who live independently, but may require some assistance and/or services such as meals, laundry or cleaning. Meals would be provided in the main dining room. A resident can pay an increased amount for laundry and cleaning services. Additionally, the resident may contract with an outside provider for additional assistance, as needed. In order to qualify as a senior facility, the operator would have to ensure requirements are met pursuant to state and federal codes. Senior housing is governed by the Civil Rights Act of 1968 (Federal Fair Housing Act) and the Housing for Older Persons Act (HOPA) of 1995. Senior age -restricted apartments are usually 55 or 62+ and follow HUD regulations which allow for such "age discrimination". If restrictions are 55+, at least one person in the apartment must be at least 55 and the apartment community must have no more than 20% of all residents under the age of 55. If they are 62+, than ALL residents must be at least 62. Exceptions are made by HUD regulations for renters who are under the minimum age if they are handicapped. Senior housing is no longer required to provide significant services and facilities. California Civil Code Sections 51.2 through 51.4 provides additional requirements for senior housing and defines a qualifying resident and a senior citizen housing development (one that has at least 35 units). Additionally, a change to independent senior living facility would not require a state license as long as there is no assistance provided to residents by employees of the facility, such as dispensing medication, assisting with personal hygiene, etc. (see attached confirmation from San Diego Senior Care Licensing Office). It does not restrict tenants contracting individually for assistance should the need arise. Therefore, the prior condition requiring a state license has been removed from the attached Conditions of Approval. 5 Variance Request for Reduced Parkinq Vehicle Usage Residents of the community must provide information of the vehicle they plan to park on site at the time they sign a lease agreement. Based on the applicant's information, there are currently 82 residents and 10 vehicles owned by residents. In addition, there are 10 spaces set aside for the adult day care employees and visitors. Most of the day care attendees are brought to the site in transport vehicles from other assisted living facilities. The site is situated along a major corridor in National City with services, churches, and retail stores. MTS provides transit services along Highland Avenue and to the 24th Street trolley station. A bus stop is located in front of the facility. The applicant has indicated his willingness to work with MTS to provide a bus bench at that location to encourage the use of public transit and to provide a place for seniors to wait for the bus. Parking Land Use Code Section 18.58.240 identifies the amount of parking spaces required for a multifamily use. The code requires 1.3 spaces for each 1 bedroom or studio unit and guest spaces. Strict adherence to the parking standards would require 196 spaces for residents and 38 spaces for guests, totaling 233 spaces. There are no specific requirements for senior housing in the City's Land Use Code. The city has approved two senior living complexes since 2005. Paradise Village was approved at a ratio of 0.8 spaces per unit and Plaza City Apartments was approved at a ratio of 0.65 spaces per unit. Additionally, condominium conversions have been approved with Tess than the required parking (2005 — 2025 F Street was approved at 0.9 spaces per unit). Section 18.58.140 of the Land Use code allows for up to 50% of the required parking for a daytime use may be provided by the parking facilities for uses considered primarily nighttime uses provided the parking facility is located within 150 feet, there is no substantial conflict with the operating hours of the buildings or uses with the proposed joint use, and there shall be an agreement for such joint use approved by the City Attorney. No expansion of floor area or change in the parking garage is proposed. The applicant would continue to offer three meals in the dining room, recreation rooms on each floor, and cleaning and laundry service if desired. The adult day care would continue to provide day care for seniors Monday through Friday. To provide adequate parking for the apartments, 20 spaces would be allocated to the adult day care (Monday through Friday) and the balance of parking on site (35 spaces) to the residents and employees of the senior apartments during weekdays. A total of 55 spaces would be available to residents during evenings and weekends. Additional parking would be available at the adjacent church parking lot. 6 The pastor of the Highland Avenue Baptist Church has agreed to offer parking for use by residents and visitors on the church parking lot, which contains approximately 100 spaces (See attached church site plan.) The church parking lot is primarily used on Sundays and for special events. Attached is a letter from the church stipulating that the church parking lot may be used except during a major event (i.e. wedding, funeral), Sundays, or for overnight parking. In order to determine whether there is adequate on -site parking, staff conducted a survey of the parking on site and in the adjacent church parking lot. The survey was conducted on the following days indicating the following: ■ July 7, 2010 at 4:30 p.m. reflected 13 spaces parked in the garage, while there were five vehicles in the adjacent church parking lot. • July 28, 2010 at 11:00 a.m. reflected 27 vehicles parked in the garage, while there were 9 vehicles in the adjacent church parking lot. • August 3, 2010 at 7:00 a.m. reflected 15 vehicles parking in the garage, while there were 4 vehicles in the adjacent church parking lot. SUMMARY The change of use from an assisted living facility to an independent senior living facility has already occurred since the applicant no longer has a state license to run an assisted living facility. Removal of the condition to require a state license would allow the applicant the ability to rent to independent seniors and not have to provide a state license when renewing his annual business license. Historically, there has not been a great demand for parking in senior apartment complexes, especially when services are in close proximity and there is transit available. There are no senior living apartment parking requirements, however to apply the standard of 1.3 spaces per unit as required by the code would be onerous and would not allow the facility to continue to operate. Application of the 0.65 spaces per unit to this project, as applied to the Palm Plaza Senior Apartments, would equate to a requirement of 98 spaces. Since 50% of the spaces may be located on an adjacent site, only 49 spaces would be required on the site. The site contains 55 spaces that are available for evenings and weekends when there would be a greater need for parking for residents. Although the building is currently only 54% occupied, of those 82 units rented only 12% of those own vehicles. Visitors to the site can use the adjacent church parking. RECOMMENDATION Staff recommends approval of 2010-20 CUP subject to the conditions listed attached. ATTACHMENTS 1. Recommended Findings for Approval 2. Recommended Conditions of Approval 3. Location Map 4. Public Hearing Notice (Sent to 42 property owners) 5. Resolutions 15,340, 15-2002, 23-2005 6. Applicant's Letter (Nationwide Enterprises) dated June 8, 2010 7. Highland Avenue Baptist Church letter dated May 27, 2010 8. Email from San Diego Senior Care Licensing Office 9. Site plan of adjacent church parking lot 10. Site plans and floor plan of existing facility Peggy Chapin aryam Principal Planner Director of Development Services RESOLUTION NO. 19-2010 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A MODIFICATION OF A CONDITIONAL USE PERMIT FOR A CHANGE OF USE FROM A SENIOR ASSISTED LIVING AND ADULT DAY CARE FACILITY TO A SENIOR INDEPENDENT LIVING AND ADULT DAY CARE FACILITY AND A VARIANCE REQUEST TO ALLOW LESS THAN THE REQUIRED PARKING TO ACCOMMODATE THE CHANGE OF USE TO AN INDEPENDENT LIVING FACILITY APPLICANT: JOSEPH BENDAH CASE FILE NO. 2010-19 MCUP, Z WHEREAS, the Planning Commission of the City of National City considered a Modification to an existing Conditional Use Permit for a change of use from a senior assisted living and adult day care facility to a senior independent living and adult day care facility and a Variance request to allow less than the required parking of accommodate the change of use to an independent living facility at 2525 Highland Avenue (APN: 563-010-50), at a duly advertised public hearings held on August 16, 2010, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. 2010-19 MCUP, Z maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearings held on August 16, 2010, support the following findings: CONDITIONAL USE PERMIT MODIFICATION: 1. That the site for the proposed change of use is adequate in size and shape since the project site accommodates the existing three story building with underground parking and an adult day care facility and no expansion or change in the exterior is proposed. 2. That the site had sufficient access to streets and highways, since the site fronts on Highland Avenue, a major roadway, with medical, banks, stores, and markets along Highland Avenue and MTS bus service is provided and no increase in traffic is expected. 9 3. That the proposed use will not have an adverse effect upon adjacent and abutting properties since the change of use is a minor change and is compatible with existing residential development to the north and east and is located along a major transportation corridor. 4. That the proposed use is deemed essential and desirable to the pubic convenience or welfare, since it will provide for needed senior housing and will facilitate a viable use and provide flexibility to ensure the economic viability of the property. VARIANCE: 1. That because of special circumstances exist on the site including existing buildings and parking structures, that make strict application of Land Use Code, Title 18, Chapter 18.58, Off -Street Parking deprives the property owner of the ability to make the best use of the property while maintaining the existing property improvements and since the prior use and parking have been sufficient and the change of use is a minor change that will not necessitate a great demand for parking and a passenger van will continue to provide service for adults to the adult day care facility.. 2. That the requested variance is subject to conditions that will assure that the proposed parking variance will not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such property is situated since additional parking will be provided on the adjacent church parking lot to accommodate visitors and short term parking, public bus service is available at the site, the adult day care provides recreational services, and the facility offers meals, cleaning and laundry services thereby reducing the need for residents to have and maintain a car. 3. That the variance does not authorize a new use or activity that is not otherwise expressly authorized by the zoning regulation governing the parcel of property, since the proposed parking variance will not change the existing configuration and built environment and will only facilitate the change of use from assisted senior living to independent senior living. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: General 1. This Modification to the Conditional Use Permit and Zone Variance authorizes the change is use from an senior assisted living facility to a senior independent living facility and a reduction is the required on site parking at 2525 Highland Avenue. Except as a required by conditions of approval, all plans submitted for permits associated with the project shall conform with existing improvements and use and parking as described in the staff report contained in Case File 2010-19 MCUP, Z. Any change to the use shall require a modification of the Conditional Use Permit. 2. Before this Modification of the Conditional Use Permit and Variance shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Division, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return 10 the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Division that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Division prior to recordation. 3. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 4. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. The permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. Building 5. Plans must comply with the 2007 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, California Fire Code and California Title 24 energy and accessibility regulations. 6. Van accessible parking spaces shall be provided with proper path of travel and signage and shall be approved by the Building Official. Fire 7. Plans must comply with the 2007 editions of the NFPA and CFC. 8. The property owner shall ensure that the existing fire alarm system and extinguishers are maintained and operational for the life of the facility. Planning 9. Attendees at the Adult Day Care shall pick up and dropped off at the entrance to the facility from Highland Avenue. 10. The maximum occupancy of the day health care center shall be limited to 90 participants. 11. Within 30 days of the approval, an agreement, reviewed and approved by the City Attorney, shall be signed, notarized, and recorded with the County of San Diego by both the owner of the senior apartments and the representative for the Highland Avenue Baptist Church that allows for the use of the church parking lot by the senior apartments located at 2605 Highland Avenue except as follows: • The parking lot shall not be used on major events such as a wedding or funeral conducted at the church. • The parking lot shall not be used on Sundays during service. ▪ No cars shall be left overnight without permission by the church, or they may be subject to towing at their own expense. 11 • The parking lot shall be maintained and not inoperable vehicles shall be stored on the parking lot at any time. 12.The property, parking areas, and parking garage shall be kept free of trash and the garage shall not be used for storing furniture and other items. 13.The applicant shall maintain the driveway with adequate mirrors to assist in safe vehicular ingress and egress, a handicap spaces at the front entrance to the senior living facility and one to the adult day care, and a clear identified pedestrian path from the living facility to the adult day care facility. 14..AII landscaping shall be maintained and any dead or decaying vegetation shall be removed and replaced; the irrigation system shall be properly maintained in good working order; and the site shall be kept free of weeds and trash. 15.The applicant shall work with MTS transit services to determine an appropriate bench and location and shall install a bench to the satisfaction of MTS and the City. 16.The Conditional Use Permit and Zone Variance shall be brought to the Planning Commission for review to ensure the continued adequacy of parking, consistent with the Variance findings made as part of this approval, within three years from the date of this approval. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of August 16, 2010, by the following vote: AYES: DeLaPaz, Farias, Alvarado, Baca, Pruitt, Reynolds, Flores. NAYS: ABSENT: ABSTAIN: 12 gifD Ye. IlahiG51 la 0 !1 y nl l�l rt �r f� • 'II C)n. ' 3ftt` QVVi fii 9 `27 Z '�� 9 pe r •dda,c,vy/V Chf%��,; a,✓rdt eete erne' gyp'! C._ Wa. Y4 �NL ydy yr..,u V.Tf,r2*2 -4 O i0 rCCr ey m.' 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SITE PLAN BOLLARD PROTECTION ENLARGED PLAN O 18 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 7, 2010 AGENDA ITEM NO. 25 M TITLE: Notice of Decision — Planning Commission approval of a Conditional Use Permit for a wireless communication facility at an existing church at 142 E. 16th Street. (Applicant T-Mobile) (Case File 201041 CUP) PREPARED BY: Peggy Chapin DEPARTMENT: Devel e cs/Planning. PHONE: 336-4319 APPROVED •`% • EXPLANATION: The applicant proposes to an install a six panel antennas within a new radio frequency (RF) transparent cupola on the roof of the church. The 7-ft. x 2-1/2 ft. cupola would extend 8-feet in height, supporting a church cross while the antennas would be incorporated within the architectural element on the roof thereby reducing visibility. The equipment shelter would be located within a storage/trash enclosure at the rear of the church. The Planning Commission conducted a public hearing on August 16, 2010. There were no concerns noted from area residents. The Commission voted to approve the CUP based on required findings and subject to Conditions of Approval. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: ENVIRONMENTAL REVIEW: Project is exempt under CEQA pursuant to Class 1 Section 15301, Existing Facilities) ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION: The Planning Commission approved the Conditional Use Permit. Ayes: Alvarado, Baca, DeLaPaz, Farias, Flores Pruitt, Reynolds ATTACHMENTS: Location Map Planning Commission Staff Report 3. Resolution No. 23-2010 4. Reduced Plans N (0 M N O CI) N Kimball Park E. 16th St IC -OS E. 17th St N 1620 M (1640 V M M O O O N V N O CO 1704 1 W J co 1 1 1 1 1 1 1 1 1 N N 1 'Y v- N O cV M V 1611 N N Cs/N L 1625 1631 1643 1701 1705 1719 30 - 1624 1636 1642 1702 a) U RS-3-PD Subject Parcel — — — Zone Boundary 1 1 I Feet 0 80 160 320 APN: b60-151-20 Planning Commission Location Map 2010-11 CUP 1 07.29.10 CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT Title: Case File No.: Location: Assessor's Parcel No.: Staff report by: Applicant: Property owner: Combined General Plan/ Zoning designation: Parcel size: Adjacent land use/zoning: North: East: South: West: Environmental review: Item no. 9 August 16, 2010 PUBLIC HEARING — CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY AN EXISTING CHURCH AT 142 E. 16TH STREET. 2010-11 CUP Southwest corner of East 16th Street and B Avenue 560-151-20 Martin Reeder Robert Krebs for T-Mobile International Church of the Foursquare Gospel CH (Heavy Commercial) 0.26 acres Kimball Park across 16th Street / IC -OS Single -Family Residential across B Avenue / RS-3-PD Contractor storage building across alley / CH Duplex / CH Categorically Exempt pursuant to Class 1 Section 15301 (Existing Facilities) 2 BACKGROUND Site Characteristics The project site is the National City Ministry Church at the southwest corner of East 16th Street and B Avenue in the Heavy Commercial (CH) zone. The property is 11,325 square feet in size and is developed with an approximately 3,000 square -foot building which houses the church sanctuary. There are eight parking spaces accessible from the alley behind the sanctuary. The remainder of the lot is a paved playground with two sand play areas and large shade trees. There is a trash enclosure, storage shed and some air conditioning units behind the sanctuary adjacent to the alley. Proposed Use The applicant proposes to install six panel antennas within a new radio frequency (RF) transparent cupola atop the roof of the church. The cupola would have a cross affixed to the front, appearing as part of the church building. The proposed cupola is approximately seven feet wide, between two and four -and -a -half feet deep and roughly eight feet high. The combined height of the cupola and the cross (which protrudes above the cupola) is approximately 101/2 feet. The proposal also includes a combination equipment shelter/storage building/trash enclosure to replace the existing storage and trash facilities behind the church. The 330 square -foot structure will house the equipment for the wireless facility as well as the associated air conditioning units for both the church and the equipment. The conduit for the facility will travel from the cupola, down the western roof plane, under the eave and down to the ground. From the southwest corner of the building, the conduit will be placed underground leading to the equipment within the shelter. The facility will be unstaffed. A service technician will visit the facility once a month for routine maintenance. The technician will access the antennas through a small door in the front of the cupola. Analysis Consistent with City policy, the proposed facility will not be visible to the observer, since the antennas will be located within a new architectural element designed to appear as part of the building. The proposal also avoids the need for equipment screening by locating the equipment inside a new multi -functional building, consistent with City policy. The new equipment shelter would be constructed of the same material (painted concrete block) as the church sanctuary, thus appearing as a normal storage building. The roof of the storage structure would be constructed using wooden trellis and will also be painted to match the existing building. The storage building will be 3 constructed in the same area that the original enclosure and shed were located; therefore no parking spaces would be lost. The proposed facility is designed to address an area of weak or no service in the T-Mobile network. The nearest co -location opportunity is at the Holiday Inn on National City Blvd., outside of the area in question. The antennas would provide coverage to the north, southeast and south southwest. With the subject building being higher than all buildings adjacent in the area, the antennas would have clear reception and transmission in those directions. Nearby land uses in these directions are the park, residential and heavy commercial respectively, but the antennas are positioned in such a way as to be directed above any nearby sensitive uses. Although there are such land uses in the vicinity, it should be mentioned that, per the 1996 Telecommunications Act, "no State or local government or instrumentality thereof may regulate the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such facilities comply with the Commission's regulations concerning such emissions." It should also be pointed out that if approved by a local jurisdiction, all wireless communications facilities must obtain all required state and federal permits in order to operate. Comments were received from the Engineering Division and require compliance with City standards with regard to the trenching location and methods for the proposed utility trench in the alley behind the project. Conditions are attached to address the Engineering comments. Standard Conditions of Approval for wireless facilities are also included, requiring compliance with Building and Fire Codes, and that any extemal equipment be textured and painted to match the surface on which it is mounted. Summary The proposed wireless communications facility is an example of a stealth facility, as required by City policy. In addition, the facility will provide expanded service to local T- Mobile customers. The use will be installed completely upon or within an existing building or within a new storage building, therefore not placing a burden on existing facilities, businesses or City streets. Furthermore, Conditions of Approval will ensure that the facility functions effectively and without impact to surrounding uses. 4 RECOMMENDATION Approve 2010-11 CUP subject to the conditions listed below, based on attached findings. ATTACHMENTS 1. Recommended Findings for Approval 2. Recommended Conditions 3. Location Map 4. Existing Wireless Facilities Map 5. Engineering Division comments 6. Notice of Exemption 7. Public Hearing Notice (Sent to 42 property owners) 8. Photo Simulations 9. Applicant's Plans (Exhibit A, Case File No.2010-11 CUP, dated 5/6/2010). MARTIN REEDER Assistant Planner MARYAM BABAKI Development Services Director 5 RESOLUTION NO. 23-2010 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY AT AN EXISTING CHURCH AT 142 E. 161" STREET. CASE FILE NO. 2010-11 CUP APN: 560-151-20 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for a wireless communications facility at an -existing church at 142 E. 161h Street at duly advertised public hearing held on August 16, 2010, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. 2010-11 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, TIIEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on August 16, 2010, support the following findings: 1 _ That the site for the proposed wireless communications facility is adequate in size and shape, since the proposed antennas and associated equipment are to be incorporated into an existing building and will not increase the footprint of that building, thus not affecting parking or access. 2_ That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since East 16th Street, a collector street, can easily accommodate the one to two monthly maintenance trips generated by the unstaffed facility_ 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the six antennas will be screened by new and existing architectural elements of the building, and as such will be completely hidden from adjacent properties. 4_ That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will improve the performance of the T-Mobile communications network, resulting in enhanced service for local T-Mobile customers. 6 BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: General L This Conditional Use Permit authorizes a wireless communications facility at 142 East 16th Street Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibit A, Case File No.2010-11 CUP, dated 5/6/2010. Any additional antennas must substantially conform to the design for installation shown on these plans. 2. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 3. This permit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. 4. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time_ 5. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 clays of its receipt shall automatically tcnninate the Conditional Use Permit_ The applicant shall also submit evidence to the satisfaction or the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the properly_ The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. Building 6. Plans must comply with the 2007 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. 7_ Call 800-227-2600 (Underground Service Alert) for mark out prior to any digging activities. Engineering 8_ The preferred method of utility placement within an alley is boring; trenching shall be permitted if boring is too restrictive or impractical_ If a trench is used the trench shall cross the alley as close as possible to the power pole as shown in red in sheet A-I01 of the plan submittals. 9. The trench shall be a minimum of three (3) feet in width and the concrete shall be saw cut. Trench backfill shall be compacted to 90%. 10. Concrete replacement shall include #4 rebar dowels twelve (12) inches in length with a minimum embedment depth of six (6) inches into the existing concrete and spaced sixteen (16) inches on center_ I. Concrete shall be 560-C-3250 per the San Diego Regional Standard Drawing G-18 with a minimum thickness of five and one hal f (5 V2) inches Planning 12. All appropriate and required local, state and/or federal permits must be obtained prior to operation of the wireless communications facility. 13_ Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches_ 14. Building plans shall indicate that all antennas, equipment, wiring, conduit or any other exposed equipment shall be painted to match the color of the surface upon which it is installed (e.g., building face, wall, root, etc) to the satisfaction of the Planning Division_ 15. The permittee shall not object to co -locating additional facilities of other communication companies and sharing the project site, provided such shared use does not result in substantial technical or quality -of -service impairment for the permitted use. In the event a dispute anses with regard to co -locating with other existing or potential users, the City may require a third party technical study at the expense of either or both the applicant or the complaining user. This condition in no way obligates the City to approve any co -location proposal if it is determined by the City not to be desirable in a specific case: 16_ The applicant or operator shall be responsible for the removal and disposal of any antennas, equipment or facilities that are abandoned, decommissioned, or become obsolete within six (6) months of discontinuance. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting_ The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. 8 CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of August 16, 2010, by the following vote: AYES: DeLaPaz, Farias, Alvarado, Baca, Pruitt, Reynolds, Flores NAYS: ABSENT: ABSTAIN: CHAIRMAN CO, .?ttW GG".G .�+�� • `we v mw wrn tar a Go ii .Iu Onto G r.mro ltvaG WO. OP - rGWO POOP NTNow 1:L°oure--• \ \ a,. �.< G. ut. 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US, .471R LX.A. WPC, .11.6 11/A. /, \ / •\▪ ‘C:1\ 7 .1\ \ . \-.:-.'-'-• 'iik-<•-:, '_A:-'-- ('.;/j.. \ \ \ \ \ \ \ ,.. I. \ \ \ \ 16\ . -, ; : - ... - - -- r - J ' e.''t , \ \ \ 111. ..(i+ 1 • 1 00 ‘t ,... , ........;.4% 1.r. c.... 1110...i .... ,, 010.a 040..ii I Ill.. IDAMOrt c..n. ea"no N \\ nory.e, ..i• \ ...,,\ , ..6,Avr I aWil , aye. ' \ \ Cy= \. • ‘,,--- ',,' - - "t"------ _,/ ------ , \ , '• , ,/ i \ i i \ \ ';:‘, ...oaf, r•/.1.e 1.1.1..„,... --I WEL. I ari11.2 , lig PAIN. IT , .. 4, , ,, \ ‘1‘,1S,, 1 ENLARGED SITE PLAN 4716%.776' PAS {I avt ORY.910 Mr*. \ \ \ ,,,, :, '''1.1\ "0, \ A , \ r )\5\ , • ENLARGED ROOF PLAN h1611 A-4O 1 Nun ChccIr Na: CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 7, 2010 AGENDA ITEM NO. 26 EM TITLE: Notice of Decision — Planning Commission approval of a Planned Development Permit for the construction of five units at an existing 21-unit apartment complex at 520 V Avenue. Applicant Joe Astorga) (Case File 2010-18 PD) PREPARED BY: Peggy ChapinYV DEPARTMENT: Develop c Planning. PHONE: 336-4319 l APPROVED BY EXPLANATION: The applicant proposes to a construct five additional units at 21-unit Villa Paraiso Apartment complex fronting V Avenue, between 5th and 6th Streets in the Residential Multi -Family (RM-2-PD) zone. The complex consists of three separate parcels totaling 64,600 square feet. A 3,164 square foot community room, located at the corner of V Avenue and 7th Street serves the residents. The request involves constructing 5-units at the north end of the site at the location of an existing laundry room and tot lot (recently removed). Concerns of vandalism and loitering necessitated removal of the tot lot. The applicant proposes demolishing and reconstructing a laundry room and constructing 5-attached 2-bedroom townhouse units with 250-sq.ft. patios. The exterior design is consistent with the existing apartments and, as proposed, the 26-unit complex exceeds code requirements for on -site parking and open space. At a public hearing on August 16, 2010j the Planning Commission considered testimony of a resident expressing concern of lack of parking in the area. The Commission approved the PD based on required findings and editions of Approval and added conditions requiring a lot merger of all 3-parcels to ensure retention of imunity room for residents and eliminating the tot lot from prior approval since open space needs are met. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: Project is exempt under CEQA pursuant to Class 1 Section 15332) ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed BOARD / COMMISSION RECOMMENDATION: The Planning Commission approved the Conditional Use Permit with a vote of 7-0. Ayes: Alvarado, Baca, DeLaPaz, Farias, Flores Pruitt, Reynolds ATTACHMENTS: Location Map Planning Commission Staff Report 3. Resolution No. 21-2010 4. Reduced Plans E 4th St 1 1 1 1 J--2 ..-- , - O Co N ' 1.0 `- N r-.._ ____ RM-1-P 424 0 _ `� in 0 N 0 N 440 L- _ — 535 611 E 5th St O N N 0 r RM-2-PD M 520 ' 1 E-6th-St 1 11 Subject Parcel Villa Paraiso Apartments Zone Boundary 1 N N N N N R 2 D 1 I 1 1 1 0 N N 0 N N MP- N N N 541 NM MEN IP-PD CO CO N N 1 1 0 75 150 I Feet 300 APN: 557-140-34 & 33 Planning Commission Location Map 2010-18 PD 4- 07.29.10 Title: Item no. 7 August 16, 2010 Nit CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT Public Hearing —Planned Development Permit for the construction of five units at an existing 21-unit apartment complex at 520 V Avenue. Case File No.: 2010-18 PD Location: Villa Paraiso Apartments. Assessor's Parcel No: 557-140-33, 34 & 35 Staff report by: Martin Reeder — Assistant Planner Applicant: Joe Astorga Property owner: Pizzarro Florentino D Trust Combined General Plan/ Zoning designation: Residential Multi -Family (RM-2-PD) Parcel size: 1.48 acres Adjacent land use/zoning: North: Multi -Family Residential use / RM-1-PD East: Multi -Family Residential / RM-2-PD South: Church parking lot across E. 7th Street / IP-PD West: Friendship Homes Convalescent Home / IP-PD Environmental review: Categorical Exemption — Class 1 Section 15332 (In -fill development projects) 2 BACKGROUND Site Characteristics The overall project area is the 21-unit Villa Paraiso Apartment complex located on the west side of V Avenue in the Residential Multi -Family (RM-2-PD) zone. The complex consists of three separate parcels, totaling approximately 64,600 square feet, with frontages on both V Avenue and East 7th Street. The property slopes downward from north to south from approximately 117 feet to 92 feet. The site also drops 10 to 15 feet from east to west. The specific project site is located on the northernmost parcel which is almost 9,000 square feet in size. This parcel is currently vacant, although it was historically used as common open space for the project. The apartment complex was built to exceed current code requirements and this open space is no longer required. The complex has a 3,164 square foot community room located on the southernmost parcel and a laundry building in the area to be developed. There are 55 parking spaces throughout the complex, including 24 garage spaces and 24 carport spaces. The required number of spaces for 21 apartment units is 43 spaces. Proposed Use The applicant is requesting to construct five additional units and a replacement laundry building on the northern parcel. The homes will have shared walls, like in town home style developments, and a walkway on the western side of the property to access the existing parking facility. The building/units will have an independent entrance on V Avenue with stairs leading down to the new units, similar to the existing units. There will also be internal access to the rest of the complex. Each unit will be two stories and 1,154 square feet in size. The ground floor will have the kitchen, living and dining rooms and a half bathroom. The upstairs floor will have two bedrooms and two bathrooms. A 250 square -foot patio is proposed at ground level behind each unit, which will function as a back yard. Each patio will be surrounded by a five-foot wood -framed stucco wall with an iron gate leading to the parking lot walkway. No additional parking spaces are proposed as the facility currently exceeds parking standards — a 26-unit apartment complex would require 51 parking spaces. As part of the project, the applicant has also submitted an application for lot merger. The subject lot and the larger property containing the original apartment complex are proposed to be merged, producing a lot of approximately 56,541 square feet. No action is required by the Planning Commission with regard to the merger. Analysis General Plan The site is bordered on two sides by other multi -family uses. Other nearby uses are quasi -residential in nature, including a convalescent home across V Avenue; therefore, the project would not divide the established community but would add to it. 3 The current zoning for the property is Multi -Family Residential (RM-2-PD), which allows for one unit per 1,900 square feet with an approved Planned Development Permit (22.9 units per acre). The proposed overall number of 26 units on a 56,541 square -foot lot (not including the southernmost lot) would result in a density of around 20 units per acre. The project meets several goals of the National City 2005-2010 Housing Element including encouraging the production of new housing affordable to all income ranges (Policy 4.3), implementation of the City's adopted Design Guidelines (discussed below) in all residential developments to ensure attractive, functional housing is built for residents of all income levels (Policy 4.5), as well as encouraging the development of larger sized rental units to reduce overcrowding (Policy 4.7). Land Use Code The project meets all of the City's Land Use Code requirements such as height, setbacks, minimum unit area, open space, etc. The applicant is not requesting any exceptions to Land Use Code requirements. Parking At the time of construction of the original apartment complex, 55 parking spaces were provided and are still in use. There are 48 covered spaces and 7 open spaces. The Land Use Code requires 1.5 resident parking spaces per unit, plus 0.5 spaces for guest use (up to 20 units) and 0.25 spaces per unit over 20 for guest use. Requirements for a 26-unit apartment complex are shown below: Resident spaces Guest Spaces Total Required 39 12 51 Actual 55 unknown 55 The site has sufficient access to area streets, since the project is in within a block of East 5th Street, which has sufficient capacity to adequately handle the approximately 30 average daily trips (ADT) generated by the project without a significant decrease in operating levels of service. Architecture The proposed units will have off-white colored stucco walls and clay tile roofs that match the existing complex. As mentioned above, the units will share a wall with the neighboring unit, separated at the roof line by a parapet wall between tile sections. Due to the change in elevation from one end of the lot to the other, each unit will be stepped down two and half feet from the previous — the northernmost unit will have a pad elevation 10 feet higher than the southernmost unit. The proposed design meets all appropriate design guidelines, such as building materials, architectural variation and wall plane articulation. At the front of the building, 4 the second story of each unit is cantilevered four feet beyond the lower floor. In addition, the upper story has an 18-inch pop -out section in the center of the unit, providing further variation. Each unit has alternating gable roofs, with the pop -out section being perpendicular to the main roof. The existing laundry facility will be removed and replaced with a new building to be attached to the south end of the five units. The new facility will have four washers and two dryers, consistent with code requirements. The laundry room has a steep shed roof that ties in with the proposed building in material and color. Open Space and Landscaping The Land Use Code requires a minimum of 1,950 square feet of common open space for a 26-unit apartment complex (75 square feet per unit). Not including common open space scattered throughout the complex (courts, interior setback areas, etc), there is at least 4,892 square feet of common open space provided by the community room (3,164 square feet) and six garage decks (1,728 square feet), well in excess of code requirements. In addition, the code requires that at least 75% of the units must have a minimum of 60 square feet of private open space, or 1,170 square feet in this case. All 21 original units and the five proposed units have patio areas of 200 to 250 square feet each, providing a total of 5,450 square feet of private open space. Again, this is in excess of code requirements. There is extensive planting and landscaping proposed throughout the part of the property to be developed, particularly around the perimeter and on the embankment to the north and east of the property. Trees include: • Building screening/shade trees — Bradford pear, Crape myrtle; • Street trees — Mexican fan palms (to match existing street trees), Bradford pear; • Unit entry trees — Pygmy Date palms. There are several varieties of shrubs and flowers shown as accent and screening landscaping along the perimeter walls, the front of each unit and in the patios. Varieties include India hawthorn, Wheeler's dwarf, Texas privet and lilies. Groundcover is equally varied, using a combination of scaveola, myoporum and star jasmine. All proposed landscape items are low water or drought -resistant varietals. Particular attention has been paid to the area at along V Avenue, which is higher in elevation than the proposed units. Department comments Comments were received from the Engineering Division, Fire Department, Sweetwater Authority and SDG&E. All comments have been included as Conditions of Approval and cover storm water, grading, street improvements, Fire Code requirements and 5 utility issues (water service and utility mark -out during construction). Standard conditions are also included. Summary In summary, the project meets several General Plan and Housing Element goals, as well as makes good use of a currently vacant and underutilized property. The proposed design meets all pertinent Land Use Code requirements and is not requesting any variances or exceptions. The additional units will blend in with existing development and be compatible with the surrounding area. Conditions of Approval will reduce the chance of any significant impacts to area uses or residents. RECOMMENDATION Approve 2010-18 PD subject to the conditions listed below, based on attached findings. ATTACHMENTS 1. Recommended Findings for Approval 2. Recommended Conditions of Approval 3. Location Map 4. Public Hearing Notice (Sent to 50 property owners) 5. Notice of Exemption 6. Department and Agency comments 7. Site Photos 8, Exhibits A and B, Case File No_ 2010-18 PD, dated 6/7/2010 1,(11L,w),/--- MARTIN REEDER Assistant Planner MARYAM BABAKI Development Services Director RESOLUTION NO. 21-2010 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A PLANNED DEVELOPMENT PERMIT FOR THE CONSTRUCTION OF FIVE UNITS AT AN EXISTING 21-UNIT APARTMENT COMPLEX AT 520 V AVENUE. APPLICANT: JOE ASTORGA CASE FILE NO. 2010-18 PD WHEREAS, the Planning Commission of the City of National City considered a Planned Development Permit application for the construction of five units at an existing 21-unit apartment complex at 520 V Avenue., at a duly advertised public hearing held on August 16, 2010 at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File No. 2010-18 PD, maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on August 16, 2010, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the 1.48- acre site can accommodate the development of five addition units with adequate access to parking, common area, and private open space for each unit. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the project is in within close proximity to East 8th Street (an arterial street), that has sufficient capacity to adequately handle the approximately 30 average daily trips (ADT) generated by the project without a significant decrease in operating levels of service. 3_ That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the site is surrounded by other multi -family residential uses and more intensive non-residential uses; therefore, the project would not divide an established community. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the project will provide new rental opportunities, and promote the development and use of a currently underutilized property. BE IT FURTHER RESOLVED that the application for Planned Development Permit for the construction of five units at an existing 21-unit apartment complex at 520 V Avenue.is approved subject to the following conditions: General 1. This Planned Development Permit authorizes the addition of five (5) units on property developed with the 21-unit Villa Paraiso apartment complex. Except as required by Conditions of Approval, all plans submitted for permits associated with the project shall conform with Exhibits A and B, Case File No. 2010-18 PD, dated 6/7/2010. 2. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Division. This permit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. Before this Planned Development Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Division, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Planned Development Permit. The applicant shall also submit evidence to the satisfaction of the Development Services Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Planned Development Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Development Services Director prior to recordation. Building 6. All plans shall comply with the 2007 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. 7. Call 800-227-2600 (Underground Service Alert) for mark out prior to any digging activities. 8 8. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. Engineering 9. The Priority Project Applicability checklist for the Standard Urban Storm -water Mitigation Plan (SUSMP) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP) an approved SUSMP will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. 10. The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. 11. All surface run-off, shall be collected by approved drainage facilities and directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface run-off resulting from this development. 12. A grading and drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall be signed and recorded. A checklist for preparation of the grading plan/drainage plan is available at the Engineering Department. 13. The property owner, or its successors and assigns shall be responsible for the maintenance, repair, or reconstruction of all irrigation and landscaping improvements installed within the public right-of-way. Sprinkler heads shall be adjusted so as to prevent overspray upon the public sidewalk or the street. The proposed sprinkler heads shall be installed behind the sidewalk, and the irrigation mainline upon private property only, as required by the City. The property owner or, its successors or assigns, shall be remove and relocate all irrigation items from the public right-of-way at no cost to the City, and within a reasonable time frame upon a written notification by the City Engineer. 14. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City 9 right-of-way shall be 6 inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 15. A soils engineering report shall be submitted for the Engineering Department's review, after Planning Commission approval. The report shall address the stability of all of the existing and proposed slopes on the property. It shall also address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure and the required pavement structural sections for the proposed streets, the parking areas, and the driveways. As a minimum, the parking lot pavement sections shall be 2 inch A.C. over 4 inch Class II aggregate base. The street pavement sections shall be in accordance with National City modified Standard Drawing G-34. All soils report findings and recommendations shall be part of the Engineering Department requirements. 16. The deteriorated portions of the existing street improvements (30 feet of sidewalk) along the property frontages shall be removed and replaced. 17. The proposed inlet on the property shall be provided with "NO DUMPING" signage in accordance with the NPDES program. 18. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. 19. The existing pedestrian ramp at the northwest corner of the intersection of East 7`h Street and V Avenue shall be removed and replaced with standard ramp complying with A.D.A. requirements and the applicable Regional Standard Drawings. 20. A title report shall be submitted to the Engineering Department, after the Planning Commission approval, for review of all existing easements and the ownership at the property. 21. A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment according to actual worked hours and consultant services. 22. All existing survey monuments, including any benchmark, within the boundaries of the project shall be shown on the plans. If disturbed, a licensed land surveyor or civil engineer shall be shown on the plans. If disturbed, a licensed land surveyor or civil engineer shall restore them after completion of the work. A Corner Record shall be filed with the County of San Diego Recorder. A copy of the documents filed shall be given to the City of National City Engineering Department as soon as filed. 23. All new dwelling units are subject to a $2,081 Traffic Impact Fee per unit per City of National City ordinance. This includes new homes, condos and apartments. Fire 10 24. The project is to be in compliance with the current editions of NFPA, CFC, title 19 and local City of National City Municipal Codes. 25. The existing apartment buildings contain a sprinkler system. New construction shall be evaluated for sprinkler coverage. 26. A contractor's license is required for fire sprinkler and alarm design plans. Fire Protection Systems require a C-16 license and Fire. Alarm Systems require a C- 10 license. The contractor's stamp shall be visible on all sets of plans. 27. Fire Sprinkler, Fire Alarm, Fire Protection Systems and Fire Underground plans are to be directly submitted to the National City Fire Department under separate permits for review and permitting. Fees along with three (3) sets of plans including all "Cut Sheets and Calculations" shall be included upon submittal. Plan review shall be a 30 day plan review process or 21 working days. No over the counter plan reviews accomplished. 28. Supervision (Fire Alarm) of sprinkler piping and fire detection devices shall be automatically supervised where more than 20 sprinklers are on the system. 29. Plans will not be reviewed until fees have been paid. Checks shall be payable to the City of National City. 30. Upon submittal for City permits, the following shall be included for Fire Underground plans: • Data sheet for Back -Flows • Data sheets for Private and Commercial Hydrants • Data sheets for Post Indicator Valves Information on required fire hydrants back -flow devices, etc; can be acquired from Sweetwater Authority. All pipe and their appliances, shall meet industry/code standards for under ground use. 31. Should any plan corrections be required, the contractor must correct the plan and re -submit to the Fire Department for approval prior to installation. 32. Once plans are approved, contact will be made with the contractor. The contractor will be required to retrieve the approved plan from the National City Fire Department. The contractor will be required to sign the permit and pick up the approved plans. Work may not commence prior to plan pick-up. 33. A rough inspection of all work is required prior to closure. All rough work shall be visible at time of inspection 34. A request for an inspection shall be made 48 hours in advance. The inspection shall be made once work is complete utilizing approved and stamped plans. The contractor shall be required to have the approved plans on site per code. 35. All contractors shall possess a National City Business License prior to Fire Department plan submittal. A copy of the business license will be required at the time of plan submittal. 36. Any FDC caps are to be Knox FDC Plugs. Knox applications can be acquired from the National City Fire Department Administration offices. 11 37. If entrance/exit gates are used, the gates shall be equipped with a Knox Box and Emergency Strobes so as to provide emergency vehicle access and egress. A Knox Key Switch shall be required in conjunction with the strobe for emergency access and shall be placed at the front of the property. Please contact the National City Fire Department for the exact field location. 38. During construction, the project shall follow Chapter 14 of the CFC edition "Fire Safety During Construction Alteration Or Demolition Of A Building". 39. Addressing shall be visible from the street. Lettering shall be a minimum of eight (8) inches in height and shall be in a contrasting color to the structure. Please contact the National City Building Department for required addresses. Planning 40. Unless specifically covered by Conditions of Approval of this approval (2010-18 PD) the subject Villa Paraiso apartment complex shall continue to comply with all Conditions of Approval for the previous approval (PD-4-87) as specified in Planning Commission Resolution No. 32-87, excepting previous condition No. 24, which shall no longer refer to the tot lot or the northern parcel as being required to be held in common ownership for the permanent use and enjoyment of all owners of the development. 41. Prior to issuance of building permits, the applicant shall provide recordation of the lot merger of all three parcels for the project. 42. At the time of building permit submittal, an exterior lighting plan shall be provided in conformance with National City Land Use Code §18.60.010. The plans shall also show walkway lighting as well as building entrance lighting. 43. All requirements for this project as stated in the letter from Sweetwater Authority, dated June 14, 2010 shall be provided and/or incorporated into building plans. 44. A landscape and below -grade irrigation plan shall be submitted that reflects the approved landscape and irrigation concept plan. The plans shall reflect the plant species, number, and plant sizes, all fencing and gates and walkway/building lighting. The plans shall be submitted with the building permits for review and approval by the Planning Division. 45. At time of building permit submittal, the proposed design shall show adequate provisions for the separation of recyclable items from household trash pursuant to section 9.52 of the National City Municipal Code. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. 12 CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of August 16, 2010, by the following vote: AYES: DeLaPaz, Farias, Alvarado, Baca, Pruitt, Reynolds, Flores. NAYS: ABSENT: ABSTAIN: C IRMAN 13 om sIdediiiT6 4. jrnErtlars 6 • - r _ Sli 7- MIN A 1 ---g 1 1 TEEiJ t I • fit 14 rF 1 s 11H ewv�.im_ae" j any on....toot- dai• r - Y ran lszzt i tn� - au J-4•4 j_._. / O'00I L—rear.AO Air pi= r a 'nl 111111111 EaIsimnmpin W, tn' Wnad i. Y.T.- J_ 9�ir37'I•M 4=Lg. M9N—, o 0'GO 1 4N1McvFT27r<A �.:ulr+rz ,Lr; o a, o -' IOSs N IN). r&rrrr • uNlf fo3 I '�G.wjA}32' - 'a'G2rle_.�nLlH1T5 54 /GJ.: N ib1-4'Ilo.^.5' 1 UNIiY B. FA151-6. pAVI NOTES: AXDSLACE At.D ,aNi<..r5N 0(LAB S.AL. <_MCL. v..x rt,[ J1. , +. 0 3. ANO Dnn-rv[nl Ce]4 ✓NDSCAOE Pi/MATINS. M0. LAND 006003.NENI MANUAL. NDSC pc 5 Au0AAF0 ME commons PLANNED DST., d+Dw.N-EIAND • On, D RCciMAL SIANDARC5. i u CA(<uiaCCAR,A0L Rf COKn[c M NC1 .04 6.11., (1E ,, Of } EVC:L90C SCPES 0.00u13IN0 0C1TGE.A.01,1 ANO A0CA5 PLANILD N, 0010N0C0KR ALL RMSCO c_. q So. 0D} AO, 41IEN SHALL A 50 OE MULL- 10 Ti MN .LcEv 5 AL. OADE0 :IS'WBCOO' C0.0 A0CAS MA' MLL u01 OE PCPUAUCNR` PAVED OR WAREC B. 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Ir`t'g' rtEP_ �t ... war T c t r. ZC'�NG Rri _ Ii L� 1a..8' (C<. 4- f),-C5 5;. n 'd4•1, 64 (A 3 ...-..r) 'e -- -moo b- 2': A L U Fo--0 r` Sad artlwb, .nlr:. LtscYnL trrJy7rG n, NI, 4. Mks PO r'tzde� 51,1 `1r 115.1 �i 0 Gc 47 I -r PU6 T� LW/ rs, 4...oCi SDI uw,r ti GNGrce r u EXHIBIT A CASE FILE NO. 2010.18 PC DATE 6,7/2010 ,r LL ..._.__ , �tLxy w—I 2M1RPFr A T 1.S. i) /Or,L V✓-a Jew '^/'. -'✓-1_'!Y '2L �C �� J"� Y.( �N N� Ji P:47,1, 3 I.iS � tF (^ ro-s aJeli. t 5 G'• TO tee. '21 • U}s-i • nb • DO f'1��Lsn 6--r __tJri r:P 1 - '+irLANu -' - rme(:• LI vrn CO .s a 26) • 55 3F r 2-L#1.Tr RM MI. _ S Ivt n 5` l^ur4><i R,n. Aeer 1.1,t o (-Ye)rjee,r✓G TO14t.4,.CX, +✓!Pt 7�IIa O5P '4 .'4 s.0 • 15 e*e4dmTnj.F e.oar i+(: PCf'..1JUlffl4 LG7' 32 _iS l S rf10 ' l SSLac._ tktn Sse f f .rC6 5rN f 1} -V DUI,- olP4,,,,-,,k,@4ce e. 71:2.� U` ro�. _ .m r.)7e"5 os=` 1 3 ..Yc on,- "� '10s. 1YLe1M 4,1,47) L i... 6.. 7e.34OD4P (Y7.77.9, 24-4 ) .,11SS 41-.Rr ,10PJJ A 4E? 3l Sco,n SS , .4 1r1?, .e 4, t a . rn, 3:5f) PkEY-IGQ« cll «4GM5,1_^i i <vJ,n' ,.; 1]'Z6 r;..-O2.q'.)Ie-4 {/ro V cr1?J; r2KL 5r r !U ..Y, :/%rfe /EN SF'G CG = �c( _Le,_< se.ghAk -,4 ciArzAa�}n���•/ , Pti^hGWn ze.1.e . 52. '!_ ('f a rr-r (+.>.r 4) ETING DATE: CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT September 7th, 2010 AGENDA ITEM NO. 27 ITEM TITLE: jAuthorize the reimbursement of Community Development Commission expenditures in the amount of $4,775,872.98 to the City of National City for the period of 7/28/10 through 8/03/10 PREPARED BY: 'K. Apalategui DEPARTMENT: j PHONE: I619-336-43311 APPROVED BY: EXPLANATION: Effective July 1, 2008 the Community Development Commission's fiscal operations have been merged with the City of National City. In order to streamline the payment process, the City of National City pays for all expenditures for the CDC. Attached is a detailed listing of all CDC warrants paid for with the City General Funds. Staff requests approval of the reimbursement of CDC activity. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Approve the reimbursement of funds to the City of National City in the amount of $4,775,872.90 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 07/28/10 through 08/03/101 COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER #5 8/3/2010 PAYEE MILE OF CARS ASSOCIATION HARRIS & ASSOCIATES INC HEALTH NET HEALTH NET DEUTSCHE BANK DEUTSCHE BANK THE BANK OF NEW YORK MELLON SECTION 8 SECTION 8 HAPS PAYMENTS DESCRIPTION LOAN FOR FWY SIGN REHABILITATION 8TH ST. CORRIDOR SMARTH GROWTH HEALTH INS 110067A AUG 2010 HEALTH FULL NETWORK 57135A 2005 TAB Payment 2004 TAB Payment 1999 TAB Payment Start Dale End Date 7/28/2010 8/3/2010 CHK NO DATE 237563 8/3/10 237597 8/3/10 237598 8/3/10 237600 8/3/10 AMOUNT 675, 000.00 18,010.03 189.73 -333.98 AIP Total $ 692,865.78 7/29/10 2,787,205,15 7/29/10 384,679.48 7/29/10 228,525.00 682,597.57 GRAND TOTAL 8 4,775,872.98 COMMUNITY DEVELOPMENT COMMISSION Warrant Register # 5 8/3/2010 261 CDC DEBT SERVICE FUND 502 SECTION 8 FUND 511 TAX INCREMENT FUND 3,400,409.63 682,597.57 692, 865.78 4,775,872.98 STING DATE: CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT September 7th, 2010 AGENDA ITEM NO. 28 ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $106,509,07 to the City of National City for the period of 8/04/10 through 8/10/10 PREPARED BY: K. Apalategui PHONE: 619-336-43311 DEPARTMENT: APPROVED BY: EXPLANATION: Effective July 1, 2008 the Community Development Commission's fiscal operations have been merged with the City of National City. In order to streamline the payment process, the City of National City pays for all expenditures for the CDC. Attached is a detailed listing of all CDC warrants paid for with the City General Funds. Staff requests approval of the reimbursement of CDC activity. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Approve the reimbursement of funds to the City of National City in the amount of $106,509,07! ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Accept and File. BOARD / COMMISSION RECOMMENDATION: N/A ACHMENTS: ..arrants for the period of 08/04/10 through 08/10/1 d PAYEE HUSK PARTNERS 1- COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER #6 8/10/2010 DESCRIPTION CONSULTING SERVICES JULY 2010 SECTION 8 Start Date End Date SECTION 8 HAPS PAYMENTS 8/4/2010 8/10/2010 PAYROLL Pay period Start Date End Date Check Date 15 6/29/2010 7/12/2010 7/21/2010 CHK NO DATE AMOUNT 237706 8/10/10 7,500.00 AIP Total $ 7,500.00 12,703.27 86,305.80 GRAND TOTAL $ 106,509.07 COMMUNITY DEVELOPMENT COMMISSION Warrant Register # 6 8/10/2010 502 SECTION 8 FUND 505 HOME FUND 511 TAX INCREMENT FUND 522 LOW/MODERATE HOUSING FUND 32,607.82 2,048.58 68,208.03 3,644.64 106,509.07 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 7, 2010 AGENDA ITEM NO. 129 EM TITLE: Staff Report, CDARS Update. PREPARED BY: Jeanette Ladrido, CPA PHONE: 019-336-4331 DEPARTMENT: APPROVED BY: EXPLANATION: The City of National City had deposited $2MM CDARS account on September 13, 2007 with Neighborhood National Bank, and subsequently deposited an additional $1MM for a total of $3MM CDARS funds, this last deposit in the amount of $1MM just matured on 09/02/10. The $3MM deposit has allowed NNB to service the National City community by way of the following: 1. From 9/13/07 (1st deposit placed by the City of National City), NNB has provided 17 loans in the amount of $6.4MM. 2. Loans represented small business lending, commercial real estate, and consumer products. 3. From June 2003 (inception of CDARS w/ NNB); NNB has provided 40 loans in the amount of $15.5MM, covering 13 of the 15 census tracts. 4. NNB is a US Treasury Designated Community Development Financial Institution whose mission is to provide banking ducts, services and education to the low and moderate income communities of San Diego. The Deposit in CDARS ists us with accomplishing our mission, keeping local public funds local. ACCOUNT NO. FINANCIAL STATEMENT: ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Accept and File the CDARS Staff Report. BOARD / COMMISSION RECOMMENDATION: 1N/A ATTACHMENTS: INB Attachment Neighborhood National Bank Lending Impacted by CDARS Program in The City of National City From 06/01/03 to 07/30/10 Since National City's CDARS Deposit National City had deposited $2 million CDARS account on September 13, 2007 with Neighborhood National Bank, and subsequently deposited an additional $1 million. The $3 million CDARS funds from National City go into a pool of funds that the Bank then has available to lend to business and individual borrowers. In National City the Bank has been able to grant 17 loans, commercial, commercial real estate, and consumer loans, to 17 entities for a total of $6,438,450. In other words, the Bank has assisted businesses to grow by lending more than double the amount of the total $3 million deposit, or more than a 100% return on National City's investment. The 9 business loans totaled $2,564,400 to 6 companies: one automobile parts/accessory stores two supermarkets, one property management company, and a machine shop/engraving. Using an average of 11 employees per business, based on SBA loan applications, an estimated 66 jobs were created/retained by these 6 businesses. The 6 commercial real estate loans totaled $3,864,250 for three retail projects covering 7 retail units, 1 warehouse, and three loans to purchase or refinance 24 housing units. Two consumer loans totaling $9,800 were for personal, family, or household purposes. The total loans made since National City's CDARS deposits were received at the Bank have been made in 8 of the 15 census tracts comprising the City. The amount of lending in each tract follows: Census Tract Dollar Amount of Loans Made 114.00 $1,961,000 115.00 $12,900 116.02 $436,000 117.00 $3,162,500 118.02 $8,800 119.02 $143,500 120.01 $388,000 121.02 $325,750 Each census tract represents an area of the City. Since CDARS Program Began at the Bank Since the CDARS program began at the Bank in June 2003 to July 30, 2010, the Bank has granted 40 loans (business, commercial real estate, construction, and consumer loans) to 29 entities in National City for a total of $15,555,650. Commercial loans to small businesses, defined as those having annual revenues (sales) equal to $1 million or less. 22 business loans totaling $3,816,450 were made to: • 12 small businesses (14 loans or 64%) ♦ 4 larger sized businesses (7 loans or 36%). Using an average of 11 employees per business, based on SBA loan applications, an estimated 176 jobs were created/retained by these 16 businesses. Two construction loans in the amount of $5,126,500 created 30 dwelling units. Commercial Real Estate loans totaling $6,569,250 covered 1 office building, 1 industrial building, 1 warehouse, 7 retail units, 20 apartment units, 4 single family units, and 1 church. Three consumer loans totaling $43,450 were made for personal, family, or household purposes. Further, the 40 loans are fairly disbursed throughout National City. The Loans are made in 13 out of the 15 census tracts comprising the city. The amount of lending in each tract follows: Census Tract Dollar Amount of Loans Made 114.00 $2,247,000 115.00 $1,265,900 116.01 $25,000 116.02 $672,450 117.00 $8,389,000 118.01 $367,500 118.02 $58,800 119.02 $143,500 120.01 $703,550 120.03 $232,000 121.01 $372,700 121.02 $325,750 122.00 $752,500 In addition, in 2008 the National City Chamber of Commerce honored Neighborhood National Bank as the Business of the Year in National City. Neighborhood National Bank is the small bank helping to make a big difference in the communities it serves. National City's CDAR deposits have helped Neighborhood National Bank to accomplish providing assistance to the City's businesses and individuals. Submitted by Elsie Marik VP Compliance Officer Neighborhood National Bank Revised 07/10 ITEM # 30 9/7/10 RECOGNITION OF ARMED SERVICES (CITY MANAGER/COMMUNITY SERVICES) ITEM # 31 9/7/10 BACK TO SCHOOL PROJECT REPORT (POLICE) ITEM #32 9/7/10 CLOSED SESSION REPORT (CITY ATTORNEY)