HomeMy WebLinkAbout2010 09-21 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 21, 2010 — 6:00 P.M.
Open To The Public
Please complete a request to speak form prior to the commencement of the meeting and submit it to
the City Clerk.
It is the intention of your City Council and Community Development Commission (CDC) to be receptive
to your concerns in this community. Your participation in local government will assure a responsible and
efficient City of National City. We invite you to bring to the attention of the City Manager/Executive
Director any matter that you desire the City Council or Community Development Commission Board to
consider. We thank you for your presence and wish you to know that we appreciate your involvement.
ROLL CALL
Pledge of Allegiance to the Flag by Mayor Ron Morrison
Public Oral Communications (Three -Minute Time Limit)
NOTE: Pursuant to state law, items requiring Council or Community Development Commission action must be
brought back on a subsequent Council or Community Development Commission Agenda unless they are of a
demonstrated emergency or urgent nature.
Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in
compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at (619) 336-4228 to
request a disability -related modification or accommodation. Notification 24-hours prior to the meeting will enable
the City to make reasonable arrangements to ensure accessibility to this meeting.
Spanish audio interpretation is provided during Council and Community Development Commission Meetings. Audio
headphones are available in the lobby at the beginning of the meetings.
Audio interpretation en espanol se proporciona durante sesiones del Consejo Municipal. Los audi6fonos
estan disponibles en el pasillo al principio de la junta.
Council Requests That All Cell Phones
And Pagers Be Turned Off During City Council Meetings
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COPIES OF THE CITY COUNCIL OR COMMUNITY DEVELOPMENT COMMISSION MEETING AGENDAS AND MINUTES
MAY BE OBTAINED THROUGH OUR WEBSITE AT www.nationalcitvca.gov
CITY COUNCIUCOMMUNITY
DEVELOPMENT COMMISSION AGENDA
9/21/2010 - Page 2
PRESENTATIONS
1. Employee of the Month of September 2010 — Thomas Butts — Fire Engineer
2. Presentation — Interstate 805 South Project — Joel Haven, Corridor Director -
Caltrans
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.
3. Approval of the Minutes of the Adjourned Regular City Council/Community
Development Commission Meeting of April 13, 2010, the Regular Meetings of
July 20, 2010 and September 7, 2010. (City Clerk)
4. Resolution of the City Council of the City of National City authorizing the Mayor
to execute an Encroachment Agreement with Kathryn Boone, owner of the
property at 1303 E. 1st Street with iron fence encroaching the public right-of-
way. (Development Services/Engineering)
5. Resolution of the City Council of the City of National City authorizing the City
Engineer to approve installation of 10 feet of red curb "No Parking" on E. 22"d
Street at A Avenue to improve sight distance (TSC Item No. 2010-15).
(Development Services/Engineering Division)
6. Resolution of the City Council of the City of National City authorizing the City
Engineer to approve installation of 20 feet of red curb "No Parking" on the east
side of Palm Avenue at E. 10th Street to improve sight distance (TSC Item No.
2010-16). (Development Services/Engineering Division)
7. Resolution of the City Council of the City of National City authorizing the City
Engineer to approve stop control and centerline striping for E. 24th Street at
Prospect Street and installation of 40 feet of red curb "No Parking" on the west
side of Prospect Street at E. 24th Street to improve sight distance and enhance
traffic safety (TSC Item No. 2010-17). (Development Services/Engineering)
CITY COUNCIUCOMMUNITY
DEVELOPMENT COMMISSION AGENDA
9/21/2010 - Page 3
CONSENT CALENDAR (Cont.)
8. Resolution of the City Council of the City of National City authorizing the City
Engineer to approve installation of parking lane striping on the south side of
Plaza Boulevard between Coolidge Avenue and Hoover Avenue and a
pedestrian barricade to prohibit crossing the north leg of the intersection to
enhance traffic safety (TSC Item No. 2010-18). (Development
Services/Engineering)
9. Resolution of the City Council of the City of National City authorizing the City
Engineer to approve installation of 36 feet of white curb "3-Minute Passenger
Loading" near the main entrance to the south building of Kimball Towers,
located at 1415 D Avenue to provide drop-off/pick-up access for seniors in need
of transportation (TSC Item No. 2010-19). (Development Services/Engineering)
10. Resolution of the City Council of the City of National City authorizing the City
Engineer to approve installation of red curb "No Parking" and a 15 MPH curve
warning sign at the west intersection of Grove Street and E. 14th Street to
enhance traffic safety (TSC Item No. 2010-20). (Development
Services/Engineering)
11. Resolution of the City Council of the City of National City: adjusting the Facilities
Maintenance Fund appropriations by $450,000 and establishing debt service
principal and interest accounts for payments to the City National Bank debt
service for the Honeywell Building Solutions Energy Retrofit Program. (Finance)
12. Resolution of the City of National City authorizing the reimbursement to the
Facilities Maintenance Fund (Account No. 626-422-223-323) from the General
Fund Contingency Reserve (Fund 001-2411) in the amount of $4,210 for the
cost of materials to repair the public restrooms in the Library, and establishing
appropriations in the amount of $15,000 to account number 001-409-500-598-
1590 from the General Fund Contingency Reserve (001-2411) to replace
specific areas of the Library flooring. (City Manager)
13. WARRANT REGISTER #7
Warrant Register #7 for the period of 08/11/10 through 08/17/10 in the amount
of $327,182.08. (Finance)
14. WARRANT REGISTER #8
Warrant Register #8 for the period of 08/18/10 through 08/24/10 in the amount
of $3,014,195.70. (Finance)
CITY COUNCIL/COMMUNITY
DEVELOPMENT COMMISSION AGENDA
9/21/2010 - Page 4
CONSENT CALENDAR (Cont.)
15. National City Sales Tax Update — First Quarter 2010. (Finance)
NON CONSENT RESOLUTION
16. Resolution of the City Council of the City of National City; (1) Authorizing
proceedings to refinance $3,280,000 outstanding 1998 Lease Revenue Bonds;
(2) Terminating the 1998 Lease Agreement between the City, the National City
Joint Powers Financing Authority, and Union Bank of California; (3) Approving
the new Lease Agreement between the City and the National City Joint Powers
Financing Authority; (4) Approving the Assignment Agreement between the
Authority and the Lender; and (5) Approving the Irrevocable Refunding
Instructions given by the City to the 1998 Trustee. With this refinance, the
General Fund will realize a direct savings of $137,000 in FY 10-11. (Finance)
NEW BUSINESS
17. Temporary Use Permit — Cornerstone Heart Revolution Annual Community
Conference sponsored by Cornerstone Church of San Diego at 1920
Sweetwater Road from September 27 through October 3, 2010 from 9:00 a.m.
to 9:00 p.m. with no waiver of fees. (Neighborhood Services)
18. Temporary Use Permit- St. Mary's Fall Festival & Fund Raiser hosted by St.
Mary's Church on October 3, 2010 at the parish grounds located at 426 E. 7th
Street from 7 a.m. to 6:30 p.m. with no waiver of fees. (Neighborhood
Services).
19. Temporary Use Permit — Tower of Terror sponsored by the National City Fire
Department on October 31, 2010 from 5:00 p.m. to 9:00 p.m. at Fire Station 34
located at 343 East 16th Street. This is a National City sponsored event per
Council Policy No. 804. (Neighborhood Services)
20. Request from the Spearhead Seniors Group to use a City facility for their
monthly senior activities as outlined in the attached staff report. (Community
Services)
21. HUD Monitoring Report of the Community Development Block Grant Program,
HOME Investment Partnerships Program, and Lead Based Paint Hazard
Control requirements. (Community Development)
CITY COUNCIL/COMMUNITY
DEVELOPMENT COMMISSION AGENDA
9/21/2010 - Page 5
NEW BUSINESS (Cont.)
22. Local Armed Services Personnel Recognition. (City Manager/Community
Service)
23. City Council Meeting Schedule. — Review and Clarification. (City Clerk)
COMMUNITY DEVELOPMENT COMMISSION
CONSENT CALENDAR
24. Resolution of the Community Development Commission (CDC) of the City of
National City adjusting the Section 8 fund appropriations by $572,200 due to
increased rental assistance to families. Section 8 received $1.2 million in
Extraordinary Administration Fees to subsidize the additional expenditures.
(Finance)
25. Authorize the reimbursement of Community Development Commission
expenditures in the amount of $81,109.11 to the City of National City for the
period of 08/11/10 through 08/17/10. (Finance)
26. Authorize the reimbursement of Community Development Commission
expenditures in the amount of $110,128.06 to the City of National City for the
period of 08/18/10 through 08/24/10. (Finance)
27. Resolution of the Community Development Commission (CDC) of the City of
National City approving an Exclusive Negotiation Agreement with Senior Village
Housing Partners, LLC, a limited liability company based on a Competitive
Request for Qualifications process conducted for consideration of an expansion
and enhancement of the Kimball and Morgan Tower project site to include
rehabilitation of the existing buildings and the addition of approximately 200 new
affordable senior units. (Community Development)
28. Resolution of the Community Development Commission (CDC) of the City of
National City approving program parameters for an owner -occupied Housing
Rehabilitation Program which will use Redevelopment Agency Low/Mod Set -
Aside Funding for geographically targeted rehabilitation in the West Side
Specific Plan area and HOME Investment Partnership Funding in the remaining
areas of the City. (Community Development)
CITY COUNCIUCOMMUNITY
DEVELOPMENT COMMISSION AGENDA
9/21/2010 - Page 6
STAFF REPORTS
29. Update on audible pedestrian traffic signals in National City. (Development
Services)
30. Update on the recent submittal of Federal TIGER II grant application by National
City. (Development Services)
MAYOR AND CITY COUNCIL
ADJOURNMENT
Regular City Council and Community Development Commission Meeting —
Tuesday — October 5, 2010 — 6:00 p.m. - Council Chambers — National City,
California.
ITEM #3
+}-• CALIFORNIA +
NA-1 1, NAL
INCORPORATED
MEMORANDUM
9/21/10
September 7, 2010
TO Chris Zapata, C. Manager
FROM Stacey Steven, uman Resources Director
SUBJECT EMPLOY THE MONTH PROGRAM
The Employee of the Month Program communicates the City's appreciation for outstanding
performance. In doing so, it recognizes employees who maintain high standards of personal
conduct and make significant contributions to the workplace and community.
The employee to be recognized in September 2010 is Thomas Butts — Fire Engineer
By copy of this memo, the employee is invited to attend the Council meeting on Tuesday,
September 21, 2010 to be recognized for his achievement and service.
Attachment
cc: Thomas Butts, Engineer
Frank Parra, Director of Emergency Services
Josie Flores -Clark — Executive Assistant
Dionisia Trejo — Mayor/Council Office
Human Resources — Office File
SS:Igr
Performance Recognition Program (2)
Human Resources Department
140 E. 12th Street, Suite A, National City, CA 91950-3312
619/336-4300 Fax 619/336-4303 www.nationalcityca.gov
I am recommending Fire Engineer Thomas Butts for the National City Employee of the
month. As a member of the National City Fire Department Engineer Butts goes above
and beyond what is required of him as an Engineer. Not only does Engineer Butts take
on the responsibility of safely driving our fire apparatus to emergencies; he also is
diligent in his duties in ensuring all apparatus are ready for said emergencies through
daily, weekly and monthly maintenance and inspections.
Engineer Butts is a perfect example of an employee practicing the five C's that
the city has adopted. Tom has shown a COMMITMENT to his profession by taking
several classes at his own expense to better himself at his trade. He has assisted with
outfitting our new aerial apparatus and ensures we have the supplies we need to maintain
all of our apparatus and equipment. Engineer Butts assists others with training and their
career development. He repairs and maintains every tool and piece of equipment used by
our department.
Engineer Butts is always COURTEOUS to his fellow employees and the
customers whom we serve. He goes the extra mile to make the worst day for a citizen a
little better by treating them with compassion and respect.
Engineer Butts does more than his fair share of COLLABORATION with his
fellow employees. He often seeks the opinion of others in regards to needed equipment
and what needs to be repaired, and more importantly, he also acts on the information
solicited to the betterment of the department.
Engineer Butts is a department leader when it comes to COMMUNICATION.
Not only does he do a great job of keeping his supervisor informed of equipment and
apparatus issues, he ensures that he disseminates the information to the entire department
so that everyone has the information.
Lastly, Engineer Butts lives the words CUSTOMER SERVICE. We as
firefighters exist to serve and protect the public and Tom is always trying to be of any
kind of assistance during emergency and non emergency incidents. He looks for things
that need to be done and does them without direction and does it in the safest possible
manner.
In conclusion, I believe Engineer Toni Butts is most deserving of the recognition
bestowed on him as National City Employee of the Month. Tom has an incredible work
ethic, topmost dedication to the citizens of National City and has a passion for his
profession.
Interstate 805
Managed Lanes South Project
FACT SHEET
Creates an integral part of a
modem, new transportation
system that will meet the
future needs of travelers in
our region.
Provides expanded trans-
portation choices, such as
HOV lanes and a new bus
rapid transit system.
Helps support the economic
viability of the region and
improve the quality of life
by safely moving more
people and products.
Project Manager
Ramon Martinez at
(619) 688-2516
or e-mail at
Ramon.Martinez@dot.ca.gov
www.keepsandiegomoving.com
Department of Transportation
4050 Taylor Street
San Diego, CA 92110
Ph: (619) 688-6670
Fax: (619) 688-3695
www.dot.ca.gov/distll
c�
ITEM #2
9/21/10
August 2010
THE PROJECT AT A GLANCE
The Interstate 805 South Project is part of the larger I-805 Corridor
Managed Lanes Projects. The I-805 South Project area is 11 miles
between Palomar Street and the I-805/SR-15 interchange. The
project includes the addition of managed lanes within the I-805
median. The project will cost an estimated $1.3 billion to complete.
Funding is expected to be a combination of federal, state and local
programs, including TransNet dollars.
THE IMPROVEMENTS
Proposed improvements include managed lanes that will be free for
high occupancy vehicles (HOV), buses and motorcycles; and avail-
able to single occupant vehicles for a fee. A bus rapid transit
system will also operate on the managed lanes. The project will
include features that will conveniently connect members of the
community to the managed lanes, including a Direct Access Ramp,
intermediate access points, HOV direct connectors, in -line transit
stations and park -and -ride locations. Sound walls and retaining
walls will be constructed and bridge improvements will be made at
various locations along the freeway to help maintain the quality of
life for neighboring communities.
MILESTONES
Public outreach efforts are underway with the environmental stud-
ies expected to be complete in early 2011. A public meeting is
being planned for September. Construction is expected to begin in
2012.
LEGEND
1-805 South Project
Bus Rapid Transit (BRT)
Route
Direct Access Ramp
Direct Connectors
Park & Ride Locations
ITEM #3
9/21 /10
APPROVAL OF THE MINUTES OF THE ADJOURNED REGULAR
CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION
MEETING OF APRIL 13, 2010, THE REGULAR MEETINGS OF
JULY 20, 2010 AND SEPTEMBER 7, 2010.
(CITY CLERK)
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
liPEM TITLE:
Resolution of the City Council of the City of National City authorizing the Mayor to execute an Encroachment
Agreement with Kathryn Boone, owner of the property at 1303 E. 1st Street with iron fence encroaching the
public right of way,
MEETING DATE: September21, 2010
AGENDA ITEM NO. 4
PREPARED BY: Mauro Nebreja
PHONE: 619-336-4392
EXPLANATION:
DEPARTMENT: Develo
APPROVED BY: Fna
rvices/
Kathryn Boone, homeowner of 1303 E. 1st Street applied for a building permit for a room addition.
During site inspection it was discovered that the iron fence along the property line is encroaching into
the public right of way by approximately 2-1/2 feet. Instead of moving the iron fence back to the
property line, she has chosen to sign an Encroachment Permit and Agreement. The homeowner
designated her daughter, Brenda A. Jolin as her Attorney -In -Fact as evidenced by the attached Durable
Power of Attorney. An encroachment fee was collected 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
�TACHMENTS
:
1. Encroachment Agreement 5. Resolution
2. Receipt of Fee Paid
3. Insurance Certificate
4. Durable Power of Attorney
RESOLUTION NO. 2010 —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE AN ENCROACHMENT
AGREEMENT WITH THE PROPERTY OWNER OF 1303 EAST 1ST STREET
FOR AN IRON FENCE ENCROACHING THE PUBLIC RIGHT-OF-WAY
WHEREAS, Kathryn Boone, owner of the property located at 1303 East lst
Street, applied for a building permit for a room addition; and
WHEREAS, an inspection revealed that an iron fence along the property line is
encroaching the public right-of-way by approximately 21/2 feet; and
WHEREAS, as required, Ms. Boone has authorized, and her daughter Brenda A.
Jolin as her Attorney -in -Fact 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 Kathryn Boone's Attorney -in -Fact, Brenda A. Jolin.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute
said Encroachment Agreement.
PASSED and ADOPTED this 21st day of September, 2010.
Ron Morrison, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
Claudia G. Silva
City Attorney
FEE: $320.00
ENCROACHMENT AGREEMENT
(Homeowner)
This Encroachment Agreement (Agreement) is entered into this 21 Sr day of September,
2010, by the City of National City, a municipal corporation,
([City) and Kathryn L. Boone (Homeowner)_
RECITALS
A. City holds an easement for a public right-of-way over the southwesterly side of
lot 68 and the southerly 41.1 7 feet of lot 69 of Paradena Park Subdivision, Map 1404 referred to
herein as the "Easement".
B. Homeowner desires to maintain an iron fence (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 wants to Homeowner the right to encroach onto the
City's Easement, subject to the following terms, covenants and conditions to which Homeowner
and City agree:
1. Description of Encroachment.
Homeowner owns that certain real property commonly known as 1303
E. Is' Street and more particularly described in Exhibit "A". Homeowner 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 and depicted in Exhibit "B", attached and incorporated herein_
2. Removal and Relocation.
Upon notification in writing by City's City Engineer, the above described Encroactunent
shall be abandoned, removed or relocated by Homeowner at Homeowner's sole expense_ When
removal or relocation are required, Homeowner 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 Homeowner fail to remove or relocate the Encroachment within thirty (30) days
after notice of removal or relocation from the City, City may cause such removal or relocation to
be done at Homeowner's sole cost and expense, which shall be a lien upon said land.
Page I of 4
1
Homeowner Encroaclunent Agreement
3. Maintenance.
Homeowner 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 Homeowner.
4_ Recording.
A copy of this Agreement shall be recorded against any real property of the
Homeowner's that is hereby benefited by the Encroachment. Homeowner shall pay the recording
fee and shall be responsible for recording this Agreement. 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 Homeowner_
6_ Indemnification and Hold Harmless.
I Iomeowner 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
Homeowner described in this Agreement, except to the extent arising from the City's sole
intentional or negligent acts.
7. Insurance
Homeowner and each successor in interest or assign shall take out and maintain, during
the time the Encroaclunent remains on City's Easement, commercial general liability insurance
with minimum limits of One Million Dollars ($1,000,000.00) 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 insureds,
and shall constitute primary insurance as to City and its officers, agents and employees, so that
any other policies held by City shall not contribute to any loss under said insurance. Said policy
shall provide for thirty (30) days prior written notice to City of cancellation or material change.
Prior to commencement of this Agreement, Homeowner shall furnish City a certificate of
insurance with original endorsements evidencing the coverage required by this clause. Should
owner fail to do so, City may elect to obtain such coverage at Homeowner's expense or
immediately terminate this agreement.
R. Chapter 13.12 of the National City Municipal Code
Homeowner 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. Owner also acknowledges that those terms and conditions include, without
limitation, that 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.
Page 2 of 4 Homeowner Encroachment Agreement
2
9. Acceptance Required.
This Agreement is not valid and confers no rights to install and maintain the
Encroachment until it is accepted by the Homeowner, recorded with the County Recorder by the
Homeowner, and a conformed copy of such recording is returned to the City Clerk for the City of
National City.
10. City's Rights.
Homeowner agrees that City's rights to the Easement are paramount to this Agreement.
Homeowner shall in no way interfere with City's right to use, access, or possess the Easement.
11. Alterations and Improvements_
Homeowner 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.
12. Damage to Easement.
Homeowner shall be responsible for any darnage to City's Easement due to the
construction, installation or maintenance of the Encroachment, and Homeowner shall repair,
replace and restore in kind the damaged Easement in accordance with City standards at
Homeowner's solc expense.
13. Termination.
This Agreement is terminable at will by the City and by Homeowner. Homeowner 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 recroded in the Office of
the County Recorder, County of San Diego.
14. Notices.
Any notice provided by this Agreement or required by law to be given or served upon
City or Homeowner, 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
To I lomeowner:
Brenda Arleen John
3537 Crestview Dr. W.
University Place, Wa. 98466-2015
(253) 377-3131
24 hour contact number
Page 3 of 4
3
Homeowner Encroactunent Agreement
15. 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
Dated:
g1.2o
See attached copy of Power of Attorney
Ron Morrison, Mayor
Brenda Arleen Jolin for Kathryn L. Boone
Printed Name
(253) 377-3131
24 hr_ Phone Number
ATTACH NOTARY CERTIFICATION FOR THE HOMEOWNER. USE CALIFORNIA
ALL PURPOSE ACKNOWLEDGEMENT NOTARY ONLY.
PLAT SHOWING LOCATION OF BUILDING OR OTHER STRUCTURES, EASEMENTS
OR RIGHT-OF-WAY AND SEWER AND/OR DRAINAGE FACILITIES: SEE EXHIBIT "B"
AIT[ACHED
Page 4 of 4 Homeowner Encroachment Agreement
4
California All -Purpose Acknowledgement
State of California
County of San Diego
On 26 Sept., 2010 before me, Charles A. Nissley Jr. Notary Public
Name & Title of Officer
personally appeared Brenda A. Jolin
who proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to
me that he/she/they executed the same in his/her/their authorized capacity(ies),
& that by his/her/their signatures(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 & correct
WITNESS my hand & offic
Signature of Notary Public
Optional information
Description of Attached Document:
Title or Type of Document:
CHARLES A. NtssLEY JR.
NpC0MM_#HTp552l4 oif
V,V Sm DIEOO COUN1y .s
Notary Seal
Document Date: Number of Pages:
Other information:
5
6
•
100
Lk(
EXHIBIT "B"
NOT TO SCALE
PL=50.00'
PL=41.59' J
IRON FENCE
ENCROACHING THE
PUBLIC RIGHT OF WAY
BY 1.5 FEET
-0.5' CURB
• A
.I303 E.
// IST STREET
1
1
1
1
1
t< New
❑ T/A Not Required
L1 Existing T/A No.
Dale:
Mame of BBsinessJPerson Paying:
Ott+-g
ENGINEERING DEPARTMENT
REVENUE TRANSMITTAL
Amount $ 3 Zo
Verified by:
Engineering Staff Name:
Project Name: `A- HEY L
Project Address- 1 -47-) c j a.
APN No.(s)
Purpose:
BooN�
SST s ( • K)r�.
AMOUNT ($)
ACCOUNT #
DESCRIPTION
#001-21000-3585
Miscellaneous Revenue
#0O1-21000-3147
Miscellaneous Permits & Appeals
P726-1141
Trust & Agency Deposit
Others:
REFUND PAYABLE TO: (if applicable)
Name & Address tP.
I certify under the penalty of law that the inforration submitted is to the best of my knowledge and belief, true,
accurate, and compete. 1 am aware that there significant penalties or submitting false information, including the possibility of fine and imprisonment for kno r g violations_
SIGNAIU
Engineering Permit No.
REFUND Date:
1 inal Inspection Date:
Amount Refunded: ($)
y46 d
Date
r 1 he sum shall be in the nature of d deposit only and as an advance against the obligation of the
developer to pay the city for maps, public improvements, private grading plans, inspections,
NPDES reviews, and any expenses provided for under city ordinances_
32
i
8
ACQRQ CERTIFICATE OF LIABILITY INSURANCE
mom-KEA 858.578.0020 FAX 858.578.0059
B.H. Gold Insurance Agency, Inc.
-199 Tierra Grande
li to 100
...In Diego, CA 9212G
MSURED Kathryn Boone
1303 t 1st Street
National City, Ca. 91950
DATE (PM ODITYYY)
04/16/2010
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERT FICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLIC ES BELOW
INSURERSAFFORDING COVERAGE
HNC#
NS1JER A USLI
INSURER B:
INSURER C:
INSURER D:
INSURER E.
THE POLICIES
ANY REQUIREMENT.
MAY PERTAIN.
POLICIES.
OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POI ICY PERIOD INDICATED NOTWITI (STANDING
TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
AGGREGATE LIMA F S SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
Lilt
AMYL
NSRL
TYPE OF INSURANCE
POLICY NUMBER
POKY EFFECTIVE
DATE (nM(DDRYI
POLICY EXPIRATION
DA TETMIQfDDNYYI
LIMITS
GENERAL
--
LIABILITY
COMMERCIAL GENERAL DABMi TY
71
J GAMINS MADE I I OCCUR
EACH OCCURRENCE
1
DAMAGE TO RENTED
PREMISES TEA nx'Trnenrxl
1
RAM EXP (Any one person)
S
PERSONAL & AIN INJURY
S
GEM
-1
GENERAL AGGREGATE
1
AGGREGATE LIMIT APPLIES PER
PONCY n g J.. LOC
K PROIXTS-COMV/OP AGG
S
AUTOMOBILE
L1ADULRY
ANY ARTO
ALL OWNED AUTOS
SCHEDULED AUTOS
1RREU AU IOS
NON OWNTU MHOS(Per
--�
COMBINED SINGLE LIMIT
(Ea accidcrn)
BODILY INJURY
(Pe, Reiss.)
13001LT INJURY
accident)
S
PROPERTY DAMAGE
(Per accident)
GARAGE
LIABILITY
ANY AUTO
AUTO ONLY - EA ACCIDENT
1
OTHER THAN EA ACC
AUTO ONLY: AGG
S
A
EXCESSNMBRE1,A
X
IJABILITT
OCCUR I I CLAIMS MADE
DEDUCTIBLE
RETENTION $
PCL1162601
04/12/2010
04/12/2011
EACH OCCURRENCE
$ 1,000,000
AGGRFL'.ATE
1
`
$
S
$
WORKERS COMPENSATION AND
EMPI.OYERS IIAOHIIY
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMNER EXCLUOLD?
T Yes despite tA1Aer
SPECIAL PROVISIONS DIIpYI
WC STAID Orli
I TDRY 11MIL�I I FR
EL EACH ACCIDENT
$
EL DISEASE - EA EMPLOYEE
S
EL. DISEASE POL ICY OMIT
$
OTHER
DESCRIPTION OF OPERA 1101IS !LOCATIONS / VEHIC1 FS I EXCLUSIONS AOOED BY ENDORSEMENT I SPECIAL PROVISIONS
1303 F 1st Street, National City, Ca_ 91950
A
ELLATI
N
Insured's copy
ACORD 25 (2001/08)
SHOULD ANY OF THE ABOVE DESCNIUED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF. THE LSSUING INSURER WILL ENDEAVOR TO MAIL
30 OATS WRITTEN NOTICE TO THE CER TIFKATE HOLDER NAMED TO THE LEFT.
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE INSURER. ITS AGENTS OH REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
Cind Yeslinek/YESLIN
0ACORD CORPORATION 1988
9
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
the Certificate of Insurance on the reverse side of this form 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 (2001/08)
10
RECORDING REQUESTED BY:
Brenda A. John
3537 Crestview Dr_ W
University Place, WA 98466
WHEN RECORDED MAIL TO:
Zvi "Hcrshy" Silver, SBN 234855
LAW OFFICES OF ZVI "HERSITY" SILVER, APC
600 West Broadway, Suite 1520
San Diego, CA 92101
THE ORIGINAI. OF THIS DOCUMENT
WAS RECORDED ON FEB 08.2010
DOCUMEN F NUMBER 2010-0063969
DAVID L DUTLER COUNTY RECORDER
SAN DIEGO COUNTY IlEUORDER'S OFFICE
TIME 1203 PM
Space above for Recorder's Use
Kathryn L. Boone, Principal; to Brenda A. Jolin, Agent:
DURABLE POWER OF ATTORNEY
WARNING TO PERSON EXECUTING THIS DOCUMENT:
THE POWERS GRANTED BY THIS DOCUMENT ARE BROAD AND SWEEPING.
THEY ARE EXPLAINED IN TI IE UNIFORM STATUTORY FORM POWER OF
ATTORNEY ACT (CALIFORNIA PROBATE CODE SECTIONS 4400-4465). IF YOU HAVE
ANY QUESTIONS ABOUT THESE POWERS, OBTAIN COMPETENT LEGAL ADVICE.
THIS DOCUMENT DOES NOT AUTHORIZE ANYONE TO MAKE MEDICAL AND
OTHER HEALTH-CARE DECISIONS FOR YOU. YOU MAY REVOKE THIS POWER OF
ATTORNEY IF YOU LATER WISH TO DO SO_
THIS IS AN IMPORTANT LEGAL DOCU LI T. IT CREATES A DURABLE POWER
OF ATTORNEY THAT BECOMES EFFECTIVE IMMEDIATELY. BEFORE EXECUTING
TIIIS DOCUMENT, YOU SHOULD KNOW THESE IMPORTANT FACTS_
1. THIS DOCUMENT MAY PROVIDE THE PERSON YOU DESIGNATE AS
YOUR ATTORNEY -IN -FACT WITH BROAD POWERS "f0 DISPOSE, SELL, CONVOY,
AND ENCUMBER YOUR REAI. AND PERSONAL PROPERTY_
2. THESE POWERS WILL EXIST FOR AN INDEFINITE PERIOD OF TIME
UNLESS YOU LIMIT THEIR DURATION IN THIS DOCUMENT_ THESE POWERS WILL
CONTINUE TO EXIST NOTWITHSTANDING YOUR SUBSEQUENT DISABILITY OR
INCAPACITY.
3_ YOU HAVE THE RIGHT TO REVOKE OR TERMINA I E THIS DURABLE
POWER OF ATTORNEY AT ANY TIME.
Page I 1 of 6
Durable Power of Attorney
Kathryn L. Boone
11
POWER OF ATTORNEY TO BECOME EFFECTIVE
IMMEDIATELY
This durable power of attorney shall become effective immediately_
This power of attorney shall continue after the principal's incapacity in accordance with its
terms_
While the principal is not incapacitated, this durable power of attorney may be modified by
the principal at any time by written notice given by the principal to the agent and may be terminated
at any time by either the principal or the agent by written notice given by the terminating party to
the other party.
On the death of the principal, this power shall terminate and the assets of the principal shall
be distributed to the duly appointed personal representative of the principal's estate; or, if no estate
is being administered, to the persons who lawfully take the assets without the necessity of
administration when they have supplied the agent with satisfactory documents as provided by law.
TO WHOM IT MAY CONCERN:
Kathryn L. Boone ("principal"), hereby appoints Brenda Arleen John as the principal's true and
lawfirl attorney -in -fact for the principal and in the principal's name, place, and stead as follows:
1. To manage, control, lease, sublease, and otherwise act concerning any real property
which the principal may own, collect and receive rents or income therefrom; pay taxes, charges, and
assessments on the same; repair, maintain, protect, preserve, alter, and improve the same; and do all
things necessary or expedient to be done in the agent's judgment in connection with the property_
2. To manage and control all partnership interests owned by the principal and to make
all decisions the principal could make as a general partner, limited partner, or both, and to execute
all documents required of the principal as such partner, all to the extent that the agent's designation
for such purposes is allowed by law and is not in contravention of any partnership or other
agreement.
3. To purchase, sell, invest, reinvest, and generally deal with all stocks, bonds,
debentures, warrants, partnership interests, rights, and securities owned by the principal.
To collect and deposit for the benefit of the principal all debts, interest dividends, or
other assets that may be due or belong to the principal, and to execute and deliver receipts and other
discharges therefore; to demand, arbitrate, and pursue litigation on the principal's behalf concerning
all rights and benefits to which the principal may be entitled; and to compromise, settle, and
discharge all such matters as the agent considers appropriate under the circumstances_
5. To pay any sums of money that may at any time be or become owing from the
principal; to sell, and to adjust and compromise any claims which may be made against the
principal as the agent considers appropriate under the circumstances.
12
Page 12 of 6
Durable Power of Attorney
Kathryn L. Boone
6. To grant, sell, transfer, mortgage, deed in trust, pledge, and otherwise deal in all
property, real and personal, that the principal may own, :including, but not limited to, any real
property described on any exhibit attached to this instrument including property acquired after
execution of this instrument; to attach exhibits to this instrument which provide legal descriptions
of all such property; and to execute such instruments as the agent deems proper in conjunction with
all matters covered in this paragraph 6.
7. To prepare and file all income and other federal and state tax returns which the
principal is required to file; to sign the principal's name; hire preparers and advisors and pay for
their services; and to do whatever is necessary to protect the principal's assets from assessments for
income taxes and other taxes. The agent is specifically authorized to receive confidential
information; to receive checks in payment of any refund of taxes, penalties, or interest; to execute
waivers (including offers of waivers) of restrictions on assessment or collection of tax deficiencies
and waivers of notice of disallowance of claims for credit or refiind; to execute consents extending
the statutory period for assessment or collection of taxes; to execute closing agreements under
Internal Revenue Code section 7121 or any successor statute; and to delegate authority or substitute
another representative with respect to all above matters.
8. To deposit in and draw on any checking, savings, agency, or other accounts that the
principal may have in any banks, savings and loan associations, and any accounts with securities
brokers or other commercial institutions, and to establish and terminate all such accounts_
9. To invest and reinvest the principal's funds in every kind of property, real, personal,
or mixed, and every kind of investment, specifically including, but not limited to, corporate
obligations of every kind; prefen-ed or common stocks; shares of investment trusts, investment
companies, and mutual funds, and mortgage participations; that, under the circumstances then
prevailing (specifically including, but not limited to, the general economic conditions and the
principal's anticipated needs) persons of skill, prudence, and diligence acting in a similar capacity
and familiar with those matters would use in the conduct of an enterprise of a similar character and
with similar aims, to attain the principal's goals; and to consider individual investments as part of
an overall plan_
10_ To have access to all safe deposit boxes in the principal's name or to which the
principal is an authorized signatory; to contract with financial institutions for the maintenance and
continuation of safe deposit boxes in the principal's name; to add to and remove the contents of all
such sa fe deposit boxes; and to terminate contracts for all such safe deposit boxes.
11. To make additions and transfer assets to any and all living revocable trusts of which
the principal is a settlor.
12. To make direct payments to the provider for tuition and medical care for the
principal's issue under Internal Revenue Code section 2503(e) or any successor statute, which
excludes such payments from gift tax liability.
Pagej3of6
Durable Power of Attorney
Kathryn l.. Boone
13
13. To use any credit cards in the principal's name to make purchases and to sign charge
slips on behalf of the principal as may be required to use such credit cards; and to close the
principal's charge accounts and terminate the principal's credit cards under circumstances where
the agent e:onsiders such acts to be in the principal's best interest.
14. Generally to do, execute, and perform any other act, deed, matter, or thing, that in
the opinion of the agent ought to be done, executed, or performed in conjunction with this power of
attorney, of every kind and nature, as fully and effectively, as the principal could do if personally
present The enumeration of specific items, acts, rights, or powers in this instrument does not limit
or restrict, and is not to be construed or interpreted as limiting or restricting, the general powers
granted to the agent except where powers are expressly restricted.
15. The agent is authorized and directed to commence enforcement proceedings, at the
principal's expense, against any third party who fails to honor this durable power of attorney.
16. Notwithstanding any other possible language to the contrary in this instrument, the
agent is specifically NOT granted the following powers:
(a) To use the principal's assets for the agent's own legal obligations, including,
but not limited to, support of the agent's dependents;
(b) To exercise any trustee powers under an irrevocable trust of which the agent
is a settlor and the principal is a trustee; and
(c) To exercise incidents of ownership over any life insurance policies that the
principal owns on the agent's life.
17. Any third party from whom the agent may request information, records, or other
documents regarding the principal's personal affairs may release and deliver all such information,
records, or documents to the agent. The principal hereby waives any privilege that may apply to
release of such information, records, or other documents.
18. The agent's signature under the authority granted in this power of attorney may be
accepted by any third party or organization with the same force and effect as if the principal were
personally present and acting on the principal's own behalf. No person or organization who relies
on the agent's authority under this instrument shall incur any liability to the principal, the
principal's estate, heirs, successors, or assigns, because of reliance on this instrument
19. The principal's estate, heirs, successors, and assigns shall be bound by the agent's
acts under this power of attorney.
?0_ This power of attorney shall commence and take effect immediately.
Page j 4 of 6
Durable Power of Attorney
Kathryn L. Boone
14
k
21. The principal hereby ratifies and confirms all that the agent shall do, or cause to be
done, by virtue of this power of attorney.
22. If a conservatorship of the principal's person or estate or both is deemed necessary,
the principal hereby nominates Brenda A. Jolin, as conservator of the principal's person and estate.
11d WI 7FFS WHEREOF, the principal has signed this durable power of attorney on
,20
Kathryn L. Boone
Page ( 5 of 6
Durable Power of Attorney
Kathryn L. Boone
15
STATE OF CALIFORNIA,
COI INTY OF SAN DIEGO } S.S. )
On February 05, 2010, before me Noma n 6 //o j o% h/rL . (here
insert name }i}1e of the officerrsonally appeared
K& Hl ryn L . J o 0 r►e , who proved to me on the basis of
satisfactory evidence to be the personae) whose nameks) is/,afe subscribed to the within
instrument and acknowledged to me tbathelsheOey executed the same in lher/t1
authorized capacitycjefit and that by_hisfher/ref signature(s)-on the instrument the person) or
the entity upon behalf of which the personncted, executed the instrument.
I certify and declare 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
Bottom of Form
_ ROMAN CEO11LO
�►;�_ Cowl!i8273TD �1r ; NOrArtr PUBLC.CAUFORNIA
SuiMEW Coupe
7" UT Copy_ Ea. kit 15. YOU "
16
Page J 6 o f 6
Durable Power of Attorney
Kathryn L. Boone
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: September 21, 2010
AGENDA ITEM NO. 5
EM TITLE:
Resolution of the City Council of the City of National City authorizing the City Engineer to approve
installation of 10 feet of red curb "No Parking" on E. 22nd Street at A Avenue to improve sight distance
(TSC Item No. 2010-15)
PREPARED BY: Stephen Manganiello, Traffic Engineer/Z0 DEPARTMENT: Developme
APPROVED BY: En.
PHONE: 619-336-4382
EXPLANATION:
See attached.
ices /
FINANCIAL STATEMENT:
ACCOUNT NO.
N/A
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
Adopt the Resolution.
BOARD / COMMISSION RECOMMENDATION:
At their meeting on August 18, 2010 the Traffic Safety Committee approved the staff recommendation to
approve installation of 10 feet of red curb "No Parking" to improve sight distance.
ATTACHMENTS:
Explanation
2. Resolution
3. Staff Report to the Traffic Safety Committee (August 18, 2010)
Explanation
Mr. Bill Hilger, resident of 2023 A Avenue, requested red curb "No Parking" at the
intersection of A Avenue and E. 22nd Street to improve sight distance. Mr. Hilger
states that it's difficult to see vehicles approaching the intersection from the east
and west due to parked vehicles at the comers.
The intersection is Yield -controlled with approximately 25 feet of red curb "No
Parking" on A Avenue for north/south traffic and uncontrolled on E. 22nd Street for
east/west traffic. Currently red curb is not provided on E. 22nd Street at the
intersection. Observed vehicle approach speeds and traffic volumes are relatively
low. Parking is in high -demand for this area. Staff observed vehicles parked
close to the curb on E. 22nd Street. Staffs review of the intersection traffic
collision history indicates one "reported" traffic collision susceptible to correction
by improving sight distance at the intersection.
Based on observed travel speeds and volumes, high -demand for parking, and
review of traffic collision history, staff recommends installation of 10 feet of red
curb "No Parking" on E. 22nd Street at A Avenue to improve sight distance. The
addition of 10 feet of red curb will not result in loss of parking based on field
measurements of remaining available curb parking.
All work will be completed by the City Public Works Department.
TSC 2010-15
1
NATIONAL CITY TRAFFIC SAFETY COMMITTEE
AGENDA REPORT FOR AUGUST 18, 2010
ITEM NO. 2010-15
ITEM TITLE: REQUEST FOR RED CURB "NO PARKING" TO IMPROVE
SIGHT DISTANCE AT THE INTERSECTION OF A AVENUE
AND E. 22ND STREET (BY B. HILGER)
PREPARED BY: Stephen Manganiello, Engineering Department
DISCUSSION:
Mr. Bill Hilger, resident of 2023 A Avenue, has requested red curb "No Parking" at the
intersection of A Avenue and E. 22nd Street to improve sight distance. Mr. Hilger states
that it's difficult to see vehicles approaching the intersection from the east and west due
to parked vehicles at the corners.
The intersection is Yield -controlled with approximately 25 feet of red curb "No Parking"
on A Avenue for north/south traffic and uncontrolled on E. 22nd Street for east/west
traffic. Currently red curb is not provided on E. 22nd Street at the intersection. Observed
vehicle approach speeds and traffic volumes are relatively low. Parking is in high -
demand for this area. Staff observed vehicles parked close to the curb on E. 22nd Street.
Staffs review of the intersection traffic collision history indicates one "reported" traffic
collision susceptible to correction by improving sight distance at the intersection.
Based on observed travel speeds and volumes, high -demand for parking, and review of
traffic collision history, staff recommends installation of 10 feet of red curb "No Parking"
on E. 22nd Street at A Avenue to improve sight distance. The addition of 10 feet of red
curb will not result in loss of parking based on field measurements of remaining available
curb parking.
STAFF RECOMMENDATION:
Staff recommends installation of 10 feet of red curb "No Parking" on E. 22nd Street at A
Avenue to improve sight distance.
EXHIBITS:
1. Location Map
2. Photos
2010-15
Location Map
Intersection of A Avenue & E. 22"d Street (looking northwest)
Intersection of A Avenue & E. 22"d Street (looking southeast)
RESOLUTION NO. 2010 —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE CITY ENGINEER TO APPROVE THE INSTALLATION
OF 10 FEET OF RED CURB "NO PARKING" ON EAST 22ND STREET
AT "A" AVENUE TO IMPROVE SIGHT DISTANCE
WHEREAS, a National City resident has requested red curb "No Parking" at the
intersection of "A" Avenue and East 22nd Street to improve sight distance which is impaired due
to parked vehicles; and
WHEREAS, after inspecting the sight, staff recommends the installation of 10
feet of red curb "No Parking" on East 22nd Street at "A" Avenue; and
WHEREAS, at it's meeting on August 18, 2010, the Traffic Safety Committee
approved staffs recommendation.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the City Engineer to approve the installation of 10 feet of red
curb "No Parking" on East 22nd Street at "A" Avenue to improve sight distance which is
impaired due to parked vehicles.
PASSED and ADOPTED this 21st day of September, 2010.
Ron Morrison, Mayor
ATTEST:
Michael R. Della, City Clerk
APPROVED AS TO FORM:
Claudia G. Silva
City Attorney
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
RIC TING DATE: September21, 2010
AGENDA ITEM NO. 6
i i tM TITLE:
Resolution of the City Council of the City of National City authorizing the City Engineer to approve
installation of 20 feet of red curb "No Parking" on the east side of Palm Avenue at E. 10th Street to
improve sight distance (TSC Item No. 2010-16)
PREPARED BY: Stephen Manganiello, Traffic Engineer/Z/ DEPARTMENT: Develo •
PHONE: 619-336-4382 /� APPROVED BY: Ewe
EXPLANATION:
See attached.
Services /
FINANCIAL STATEMENT:
ACCOUNT NO.
N/A
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
Adopt the Resolution.
BOARD / COMMISSION RECOMMENDATION:
At their meeting on August 18, 2010 the Traffic Safety Committee approved the staff recommendation to
approve installation of 20 feet of red curb "No Parking" to improve sight distance.
-TACHMENTS:
Explanation
2. Resolution
3. Staff Report to the Traffic Safety Committee (August 18, 2010)
Explanation
Mr. Daniel Celaya, resident of Palm Avenue, requested additional red curb "No
Parking" at the intersection of Palm Avenue and E. 10th Street to improve sight
distance. Mr. Celaya is concerned about safety and the potential for traffic
collisions due to vehicles parked on the east side of Palm Avenue blocking the
view of vehicles approaching from the south. A steep vertical curve to the south
also contributes to impaired sight distance. Mr. Celaya acknowledges that street
parking is limited; however, he feels safety takes higher priority.
E. 10th Street is Stop -controlled and forms a "T" intersection with Palm Avenue
which is uncontrolled with a posted speed limit of 35 mph. Currently 20 feet of
red curb"No Parking" is provided. Staff visited the site and agrees that vehicles
parked on the east side of Palm Avenue obscure drivers' line of sight when trying
to exit E. 10th Street. Staff noted that approximately 80 feet of "No Parking"
(which includes red curb and two private driveways) is provided at the
intersection of Palm Avenue and E. 11th Street, directly south of the study
intersection. Staff reviewed the traffic collision history for the study intersection
and no "reported" collisions related to sight distance constraints for E. 10th Street
drivers were noted.
Based on parked vehicles obscuring drivers' line of site and travel speeds, staff
recommends installation of an additional 20 feet of red curb "No Parking" on the
east side of Palm Avenue at E. 10th Street, for a total of 40 feet, to improve sight
distance.
All workwill be completed by the City Public Works Department.
TSC 2010-16
1
2
NATIONAL CITY TRAFFIC SAFETY COMMITTEE
AGENDA REPORT FOR AUGUST 18, 2010
ITEM NO. 2010-16
ITEM TITLE: REQUEST FOR RED CURB "NO PARKING" TO IMPROVE
SIGHT DISTANCE AT THE INTERSECTION OF PALM AVENUE
AND E. 10TH STREET (BY D. CELAYA)
PREPARED BY: Stephen Manganiello, Engineering Department
DISCUSSION:
Mr. Daniel Celaya, resident of Palm Avenue, has requested additional red curb "No
Parking" at the intersection of Palm Avenue and E. 10th Street to improve sight distance.
Mr. Celaya is concerned about safety and the potential for traffic collisions due to
vehicles parked on the east side of Palm Avenue blocking the view of vehicles
approaching from the south. A steep vertical curve to the south also contributes to
impaired sight distance. Mr. Celaya acknowledges that street parking is limited;
however, he feels safety takes higher priority.
E. 10th Street is Stop -controlled and forms a "T' intersection with Palm Avenue which is
uncontrolled with a posted speed limit of 35 mph. Currently 20 feet of red curb "No
Parking" is provided. Staff visited the site and agrees that vehicles parked on the east
side of Palm Avenue obscure drivers' line of sight when trying to exit E. 10th Street Staff
noted that approximately 80 feet of "No Parking" (which includes red curb and two
private driveways) is provided at the intersection of Palm Avenue and E. 11th Street,
directly south of the study intersection. Staff reviewed the traffic collision history for the
study intersection and no "reported" collisions related to sight distance constraints for E.
10th Street drivers were noted.
Staff recommends installation of an additional 20 feet of red curb "No Parking" on the
east side of Palm Avenue at E. 10th Street, for a total of 40 feet, to improve sight
distance.
STAFF RECOMMENDATION:
Staff recommends installation of 20 feet of red curb "No Parking" on the east side of
Palm Avenue at E. 10th Street to improve sight distance.
EXHIBITS:
1. Location Map
2. Photos
2010-16
2
Location Map
Intersection of Palm Avenue & E. 10th Street (looking south)
4
RESOLUTION NO. 2010 —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE CITY ENGINEER TO APPROVE THE INSTALLATION
OF 20 FEET OF RED CURB "NO PARKING" ON THE EAST SIDE OF
PALM AVENUE AT EAST 10TH STREET TO IMPROVE SIGHT DISTANCE
WHEREAS, a National City resident has requested additional red curb "No
Parking" at the intersection of Palm Avenue and East 10th Street to improve sight distance,
which is impaired due to parked vehicles and a steep vertical curve to the south; and
WHEREAS, after inspecting the sight, staff recommends the installation of an
additional 20 feet of red curb "No Parking" on the east side of Palm Avenue at East 10th Street;
and
WHEREAS, at it's meeting on August 18, 2010, the Traffic Safety Committee
approved staff's recommendation.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the City Engineer to approve the installation of an additional 20
feet of red curb "No Parking" on the east side of Palm Avenue at East 10th Street to improve
sight distance, which is impaired due to parked vehicles and a steep vertical curve to the south.
PASSED and ADOPTED this 21 st day of September, 2010.
Ron Morrison, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
Claudia G. Silva
City Attorney
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: September 21, 2010
AGENDA ITEM NO. 7
EM TITLE:
Resolution of the City Council of the City of National City authorizing the City Engineer to approve
Stop control and centerline striping for E. 24th Street at Prospect Street and installation of 40 feet of
red curb "No Parking" on the west side of Prospect Street at E. 24th Street to improve sight distance
and enhance traffic safety (TSC Item No. 2010-17)'
PREPARED BY: Stephen Manganiello, Traffic Engineerztz DEPARTMENT: Development
PHONE: 619-336-4382 APPROVED BY: E••
EXPLANATION:
See attached.
ces /
FINANCIAL STATEMENT:
ACCOUNT NO.
N/A
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
Adopt the Resolution.
BOARD / COMMISSION RECOMMENDATION:
At their meeting on August 18, 2010 the Traffic Safety Committee approved the staff recommendation
for traffic safety enhancements at the intersection of Prospect Street and E. 24th Street.
ATTACHMENTS:
xplanation
resolution
3. Staff Report to the Traffic Safety Committee (August 18, 2010)
Explanation
Mr. William Cyree, resident of 2120 E. 24th Street, requested that staff investigate
the intersection of Prospect Street and E. 24th Street to improve sight distance for
drivers attempting to exit E. 24th street from the west. Staff visited the site and
noticed that there is no traffic control for the intersection. Based on observed
traffic volumes, E. 24th Street is considered the minor approach, which would be
a candidate for Stop control. E. 24th Street does not continue through to the east
(private driveway access only). Staff also observed that vehicles parked on the
west side of Prospect Street at the corner of the intersection obscure drivers' line
of site when trying to exit E. 24th Street.
Staff recommends installation of Stop control for eastbound E. 24th Street and 40
feet of red curb "No Parking" on the west side of Prospect Street at the
intersection to improve sight distance for drivers attempting to exit E. 24th Street.
Also, since eastbound E. 24th Street widens significantly at the intersection, staff
recommends striping 50 feet of double -yellow centerline to better channelize
drivers.
All work will be completed by the City Public Works Department.
TSC 2010-17
1
3
NATIONAL CITY TRAFFIC SAFETY COMMITTEE
AGENDA REPORT FOR AUGUST 18, 2010
ITEM NO. 2010-17
ITEM TITLE: REQUEST TO IMPROVE SIGHT DISTANCE AT THE
INTERSECTION OF PROSPECT STREET AND E. 24TH STREET
(BY W. CYREE)
PREPARED BY: Stephen Manganiello, Engineering Department
DISCUSSION:
Mr. William Cyree, resident of 2120 E. 24th Street, has requested that staff investigate
the intersection of Prospect Street and E. 24th Street to improve sight distance for drivers
attempting to exit E. 24th street from the west. Staff visited the site and noticed that
there is no traffic control for the intersection. Based on observed traffic volumes, E. 241h
Street is considered the minor approach, which would be a candidate for Stop control.
E. 24th Street does not continue through to the east (private driveway access only). Staff
also observed that vehicles parked on the west side of Prospect Street at the comer of
the intersection obscure drivers' line of site when trying to exit E. 24th Street.
Staff recommends installation of Stop control for eastbound E. 24th Street and 40 feet of
red curb "No Parking" on the west side of Prospect Street at the intersection to improve
sight distance for drivers attempting to exit E. 24th Street. Also, since eastbound E. 24"'
Street widens significantly at the intersection, staff recommends striping 50 feet of
double -yellow centerline to better channelize drivers.
STAFF RECOMMENDATION:
Staff recommends the following traffic safety enhancements to improve sight distance at
the intersection of Prospect Street and E. 24th Street:
1. Install 40 feet of red curb "No Parking" on the west side of Prospect Street at E.
24"' Street.
2. Install Stop control for eastbound E. 24th Street.
3. Install 50 feet of double -yellow centerline for eastbound E. 241h Street from the
new Stop bar west.
EXHIBITS:
1. Location Map
2. Photos
2010-17
2
Location Map
Intersection of Prospect St & E. 24th Street (looking north)
4
RESOLUTION NO. 2010 —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE CITY ENGINEER TO APPROVE STOP CONTROL
AND CENTERLINE STRIPING FOR EAST 24TH STREET, AND
THE INSTALLATION OF 40 FEET OF RED CURB "NO PARKING" ON
THE WEST SIDE OF PROSPECT STREET AT EAST 24TH STREET
TO IMPROVE SIGHT DISTANCE AND ENHANCE TRAFFIC SAFETY
WHEREAS, a National City resident has requested that the City investigate the
intersection of Prospect Street and East 24th Street to improve sight distance for drivers
attempting to exit East 24th Street from the west; and
WHEREAS, after inspecting the sight, staff recommends installation of Stop
control for eastbound East 24th Street, and 40 feet of red curb "No Parking" on the west side of
Prospect Street at the intersection to improve sight distance for drivers attempting to exit East
24th Street; and
WHEREAS, because eastbound East 24th Street widens significantly at the
intersection, staff also recommends striping 50 feet of double -yellow centerline to better
channelize drivers; and
WHEREAS, at it's meeting on August 18, 2010, the Traffic Safety Committee
approved staff's recommendation.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the City Engineer to approve the installation of Stop control for
eastbound East 24th Street, 40 feet of red curb "No Parking" on the west side of Prospect Street
at the intersection, and 50 feet of double -yellow centerline striping to better channelize drivers
on East 24th Street going east.
PASSED and ADOPTED this 21st day of September, 2010.
Ron Morrison, Mayor
ATTEST:
Michael R. Della, City Clerk
APPROVED AS TO FORM:
Claudia G. Silva
City Attorney
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: September 21, 2010
AGENDA ITEM NO. 8
;M TITLE:
Resolution of the City Council of the City of National City authorizing the City Engineer to approve
installation of parking lane striping on the south side of Plaza Boulevard between Coolidge Avenue
and Hoover Avenue and a pedestrian barricade to prohibit crossing the north leg of the intersection to
enhance traffic safety (TSC Item No. 2010-18)
PREPARED BY: Stephen Manganiello, Traffic Engineer/10 DEPARTMENT:
APPROVED BY:
PHONE: 619-336-4382
EXPLANATION:
See attached.
Development ices J
Engi
FINANCIAL STATEMENT:
ACCOUNT NO.
N/A
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
Adopt the Resolution.
BOARD / COMMISSION RECOMMENDATION:
At their meeting on August 18, 2010 the Traffic Safety Committee approved the staff recommendation
for traffic safety enhancements at the intersection of Hoover Avenue and Plaza Boulevard.
ATTACHMENTS:
xplanation
2. Resolution
3. Staff Report to the Traffic Safety Committee (August 18, 2010)
Explanation
Mr. Edward Rosenthal, former resident of National City, has requested All -Way
Stop Control at the intersection of Plaza Boulevard and Hoover Avenue to
improve safety for pedestrians trying to cross Plaza Boulevard. Mr. Rosenthal is
disabled and uses a motorized wheelchair for mobility. Mr. Rosenthal stated that
he was nearly hit by a vehicle while attempting to cross Plaza Boulevard.
Currently, Hoover Avenue is Stop -controlled while Plaza Boulevard is
uncontrolled and one-way eastbound for the west leg of the intersection.
Approximately two years ago staff evaluated the intersection for All -Way Stop
Control and warrants were not met based on a score of 18 points out of 50. A
minimum of 30 points is required in order to consider installation of All -Way Stop
Control. Staff did however recommend installation of a flashing warning beacon
mounted above the 35 mph speed limit sign for eastbound traffic in an effort to
reduce speeds. Staff also installed 25 feet of red curb "No Parking" on the west
leg of the intersection to improve sight distance for traffic and pedestrians
attempting to cross Plaza Boulevard.
Based on Mr. Rosenthal's request, staff collected new traffic volume and speed
counts and performed a new warrant analysis for All -Way Stop Control.
Warrants were not met based on a score of 24 out of 50 points. However, based
on the count data the 85th percentile speed (speed at or below which 85% of
drivers were traveling) dropped from 33 mph to 24 mph for eastbound traffic over
the past two years. This indicates that installation of the flashing warning beacon
for eastbound traffic has contributed to a reduction in vehicle speeds by
improving driver awareness of the posted speed limit.
Staff recommends installing parking lane striping on the south side of Plaza
Boulevard between Coolidge Avenue and Hoover Avenue to provide a buffer
from parked vehicles, narrow the travel lane width to further reduce speeds, and
shift eastbound through traffic further north to improve visibility of pedestrians
waiting to cross Plaza Boulevard. Staff also recommends installing a pedestrian
barricade to prohibit crossing the north leg of the intersection, which based on
the existing configuration of that approach, presents a conflict with vehicles
stopping in front of the pedestrian curb ramp.
All work will be completed by the City Public Works Department.
TSC 2010-18
4
NATIONAL CITY TRAFFIC SAFETY COMMITTEE
AGENDA REPORT FOR AUGUST 18, 2010
ITEM NO. 2010-18
ITEM TITLE: REQUEST FOR ALL -WAY STOP CONTROL AT THE
INTERSECTION OF PLAZA BOULEVARD AND HOOVER
AVENUE (BY E. ROSENTHAL)
PREPARED BY: Stephen Manganiello, Engineering Department
DISCUSSION:
Mr. Edward Rosenthal, former resident of National City, has requested All -Way Stop
Control at the intersection of Plaza Boulevard and Hoover Avenue to improve safety for
pedestrians trying to cross Plaza Boulevard. Mr. Rosenthal is disabled and uses a
motorized wheelchair for mobility. Mr. Rosenthal stated that he was nearly hit by a
vehicle while attempting to cross Plaza Boulevard. Currently, Hoover Avenue is Stop -
controlled while Plaza Boulevard is uncontrolled and one-way eastbound for the west leg
of the intersection.
Approximately two years ago staff evaluated the intersection for All -Way Stop Control
and warrants were not met based on a score of 18 points out of 50. A minimum of 30
points is required in order to consider installation of All -Way Stop Control. Staff did
however recommend installation of a flashing warning beacon mounted above the 35
mph speed limit sign for eastbound traffic in an effort to reduce speeds. Staff also
installed 25 feet of red curb "No Parking" on the west leg of the intersection to improve
sight distance for traffic and pedestrians attempting to cross Plaza Boulevard.
Based on Mr. Rosenthal's request, staff collected new traffic volume and speed counts
and performed a new warrant analysis for All -Way Stop Control. Warrants were not met
based on a score of 24 out of 50 points. However, based on the count data the 85th
percentile speed (speed at or below which 85% of drivers were traveling) dropped from
33 mph to 24 mph for eastbound traffic over the past two years. This indicates that
installation of the flashing warning beacon for eastbound traffic has contributed to a
reduction in vehicle speeds by improving driver awareness of the posted speed limit.
Staff recommends installing parking lane striping on the south side of Plaza Boulevard
between Coolidge Avenue and Hoover Avenue to provide a buffer from parked vehicles,
narrow the travel lane width to further reduce speeds, and shift eastbound through traffic
further north to improve visibility of pedestrians waiting to cross Plaza Boulevard. Staff
also recommends installing a pedestrian barricade to prohibit crossing the north leg of
the intersection, which based on the existing configuration of that approach, presents a
conflict with vehicles stopping in front of the pedestrian curb ramp.
2
STAFF RECOMMENDATION:
Staff recommends the following traffic safety enhancements at the intersection of Plaza
Boulevard and Hoover Avenue:
1. Install parking lane striping on the south side of Plaza Boulevard between
Coolidge Avenue and Hoover Avenue to provide a buffer from parked vehicles,
narrow the travel lane width to further reduce speeds, and shift eastbound
through traffic further north to improve visibility of pedestrians waiting to cross
Plaza Boulevard.
2. Install a pedestrian barricade to prohibit crossing the north leg of the intersection
to reduce conflicts between vehicles and pedestrians.
EXHIBITS:
1. Location Map
2. Photos
2010-18
3
Location Map
W. Plaza Boulevard & Hoover Avenue, west leg (looking east)
W. Plaza Boulevard & Hoover Avenue, west leg (looking west)
5
W. Plaza Boulevard & Hoover Avenue, east leg (looking west)
W. Plaza Boulevard & Hoover Avenue, pedestrian ramp on north leg (looking west)
6
RESOLUTION NO. 2010 —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE CITY ENGINEER TO APPROVE THE INSTALLATION
OF PARKING LANE STRIPING ON THE SOUTH SIDE OF PLAZA BOULEVARD
BETWEEN COOLIDGE AVENUE AND HOOVER AVENUE, AND A
PEDESTRIAN BARRICADE TO PROHIBIT CROSSING THE NORTH LEG
OF THE INTERSECTION TO ENHANCE TRAFFIC SAFETY
WHEREAS, a former resident of National City has requested All -Way Stop
Control at the intersection of Plaza Boulevard and Hoover Avenue to improve safety for
pedestrians trying to cross Plaza Boulevard; and
WHEREAS, based on traffic data collection and staffs evaluation of the
intersection, the criteria was not met for All -Way Stop Control at the intersection; and
WHEREAS, to improve traffic safety for pedestrians at the intersection, it is
staff's recommendation that parking lane striping on the south side of Plaza Boulevard between
Coolidge Avenue and Hoover Avenue be installed to provide a buffer from parked vehicles,
narrow the travel lane width to further reduce speeds, and shift eastbound through traffic further
north to improve visibility of pedestrians waiting to cross Plaza Boulevard; and
WHEREAS, staff also recommends the installation of a pedestrian barricade to
prohibit pedestrians from crossing the north leg of the intersection, which, based on the existing
configuration of that approach, presents a conflict with vehicles stopping in front to the
pedestrian curb ramp; and
WHEREAS, at it's meeting on August 18, 2010, the Traffic Safety Committee
approved staffs recommendation.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the City Engineer to approve the installation of parking lane
striping on the south side of Plaza Boulevard between Coolidge Avenue and Hoover Avenue,
and a pedestrian barricade to prohibit crossing the north leg of the intersection to enhance traffic
safety.
PASSED and ADOPTED this 21st day of September, 2010.
Ron Morrison, Mayor
ATTEST: APPROVED AS TO FORM:
Michael R. Dalla, City Clerk Claudia G. Silva
City Attorney
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: September21, 2010
AGENDA ITEM NO. 9
EM TITLE:
Resolution of the City Council of the City of National City authorizing the City Engineer to approve
installation of 36 feet of white curb "3-Minute Passenger Loading" near the main entrance to the south
building of Kimball Towers, located at 1415 D Avenue, to provide drop-off/pick-up access for seniors
in need of transportation (TSC Item No. 2010-19)
PREPARED BY: Stephen Manganiello, Traffic Engineer/to DEPARTMENT: Development rvices /
n r
PHONE: 619-33" "'" APPROVED —' tanni
EXPLANATION:
See attached.
FINANCIAL STATEMENT:
ACCOUNT NO.
N/A
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
Adopt the Resolution.
BOARD / COMMISSION RECOMMENDATION:
At their meeting on August 18, 2010 the Traffic Safety Committee approved the staff recommendation to
install 36 feet of white curb "3-Minute Passenger Loading" at 1415 D Avenue.
ATTACHMENTS:
xplanation
_.. _esolution
3. Staff Report to the Traffic Safety Committee (August 18, 2010)
Explanation
Staff from Development Services/Engineering and City Fire Department
evaluated access in front of the main entrance to the south building of Kimball
Towers, a senior residential community. Residents have complained that there is
no opportunity for passenger loading near the main entrance as the entire
curbline is painted red for "No Parking".
Staff determined that approximately 36 feet of the curbline near the main
entrance could be converted to white curb passenger loading, as the remaining
red curb "No Parking" area would be sufficient for emergency response vehicles
to access the building.
All work will be completed by the Kimball Towers Property Management, under
the supervision of City staff.
TSC 2010-19
i
5
NATIONAL CITY TRAFFIC SAFETY COMMITTEE
AGENDA REPORT FOR AUGUST 18, 2010
ITEM NO. 2010-19
ITEM TITLE: REQUEST FOR INSTALLATION OF WHITE CURB
PASSENGER LOADING NEAR THE MAIN ENTRANCE TO THE
SOUTH BUILDING OF KIMBALL TOWERS LOCATED AT 1415
D AVENUE (BY RESIDENTS OF KIMBALL TOWERS)
PREPARED BY: Stephen Manganiello, Engineering Department
DISCUSSION:
Staff from City Engineering and Fire evaluated access in front of the main entrance to
the south building of Kimball Towers, a senior residential community. Residents have
complained that there is no opportunity for passenger loading near the main entrance as
the entire curbline is painted red for "No Parking".
Staff determined that approximately 36 feet of the curbline near the main entrance could
be converted to white curb passenger loading, as the remaining red curb "No Parking"
area would be sufficient for emergency response vehicles to access the building.
STAFF RECOMMENDATION:
Staff recommends installation of 36 feet of white curb "3-Minute Passenger Loading"
near the main entrance to the south building of Kimball Towers, located at 1415 D
Avenue, to provide drop-off/pick-up access for seniors in need of transportation.
EXHIBITS:
1. Location Map
2. Photos
2010-19
2
Location Map
A1111 1111111l Ir- 11111II1
Entrance to Kimball Towers, 1415 D Avenue (looking southeast)
4
RESOLUTION NO. 2010 —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE CITY ENGINEER TO APPROVE THE INSTALLATION
OF 36 FEET OF WHITE CURB "3 MINUTE PASSENGER LOADING" NEAR
THE MAIN ENTRANCE TO THE SOUTH BUILDING OF KIMBALL TOWERS,
LOCATED AT 1415 D AVENUE, TO PROVIDE DROP-OFF AND
PICK-UP ACCESS FOR SENIOR IN NEED OF TRANSPORTATION
WHEREAS, staff evaluated access at the main entrance to the south building of
Kimball Towers, due to complaints that the entire curbline painted red for "No Parking" creates a
lack of passenger loading and unloading; and
WHEREAS, it is recommended that approximately 36 feet of the curbline near
the main entrance of the south building of Kimball Towers be converted to white curb "3 Minute
Passenger Loading", which leaves enough red curb "No Parking" area sufficient for emergency
response vehicles to access the building; and
WHEREAS, at it's meeting on August 18, 2010, the Traffic Safety Committee
approved staff's recommendation.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the City Engineer to approve the installation of approximately 36
feet of white curb "3 Minute Passenger Loading" near the main entrance of the south building of
Kimball Towers to provide drop-off and pick-up access for seniors in need of transportation.
PASSED and ADOPTED this 21st day of September, 2010.
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
Claudia G. Silva
City Attorney
Ron Morrison, Mayor
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: September21, 2010
AGENDA ITEM NO. 10
EM TITLE:
Resolution of the City Council of the City of National City authorizing the City Engineer to approve
installation of red curb "No Parking" and a 15 MPH curve warning sign at the west intersection of
Grove Street and E. 14th Street to enhance traffic safety (TSC Item No. 2010-20)
PREPARED BY: Stephen Manganiello, Traffic Engineer,Z,j( DEPARTMENT: Develop ent
APPROVED BY: E
PHONE: 619-336-4382
EXPLANATION:
See attached.
ices /
FINANCIAL STATEMENT:
ACCOUNT NO.
N/A
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
Adopt the Resolution.
BOARD / COMMISSION RECOMMENDATION:
At their meeting on August 18, 2010 the Traffic Safety Committee approved the staff recommendation
for traffic safety enhancements at the west intersection of Grove Street and E. 14th Street.
ATTACHMENTS:
xplanation
z. Resolution
3. Staff Report to the Traffic Safety Committee (August 18, 2010)
Explanation
National City Police Department (NCPD) informed Development
Services/Engineering staff that there is an issue with drivers crossing over the
double -yellow centerline into the opposing travel lane along the 90-degree curve
where Grove Street and E. 14th Street intersect. Based on field observations, a
high percentage of drivers traveling west to south are traversing the curve at
excessive speeds, which is resulting in the centerline violation. NCPD has
increased enforcement of this traffic violation in an effort to improve safety.
Development Services/Engineering staff met with NCPD staff on -site to
determine if "physical" traffic safety enhancements could be implemented to
discourage drivers from crossing over the double -yellow centerline into the
opposing travel lane.
Staff determined that by removing parking along the curve more clearance would
be provided for drivers. Parking is not in high -demand at this location. Staff also
recommends installation of a 15 MPH curve warning sign (W1-la) to provide
guidance to drivers on the appropriate speed for traversing the curve.
All work will be completed by the City Public Works Department.
TSC 2010-20
i
6
NATIONAL CITY TRAFFIC SAFETY COMMITTEE
AGENDA REPORT FOR AUGUST 18, 2010
ITEM NO. 2010-20
ITEM TITLE: REQUEST FOR TRAFFIC SAFETY ENHANCEMENTS AT THE
WEST INTERSECTION OF GROVE STREET AND E. 14TH
STREET (BY NATIONAL CITY POLICE DEPT.)
PREPARED BY: Stephen Manganiello, Engineering Department
DISCUSSION:
National City Police Department (NCPD) informed City Engineering staff that there is an
issue with drivers crossing over the double -yellow centerline into the opposing travel
lane along the 90-degree curve where Grove Street and E. 14th Street intersect. Based
on field observations, a high percentage of drivers traveling west to south are traversing
the curve at excessive speeds, which is resulting in the centerline violation. NCPD has
increased enforcement of this traffic violation in an effort to improve safety. City
Engineering staff met with NCPD staff on -site to determine if "physical" traffic safety
enhancements could be implemented to discourage drivers from crossing over the
double -yellow centerline into the opposing travel lane.
Staff determined that by removing parking along the curve more clearance would be
provided for drivers. Staff also recommends installation of a 15 MPH curve warning sign
(W1-1 a) to provide guidance to drivers on the appropriate speed for traversing the curve.
STAFF RECOMMENDATION:
Staff recommends the following traffic safety enhancements at the west intersection of
Grove Street and E.14`h Street:
1. Install red curb "No Parking" along the curve to provide more clearance for
drivers.
2. Install a 15 MPH curve waming sign (W1-1a) to provide guidance to drivers on
the appropriate speed for traversing the curve.
EXHIBITS:
1. Location Map
2. Photos
2010-20
2
Location Map
Curve at Grove Avenue & E. 14th Street (looking west)
4
RESOLUTION NO. 2010 —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE CITY ENGINEER TO APPROVE THE INSTALLATION
OF RED CURB "NO PARKING" AND A 15 MPH CURVE WARNING
SIGN AT THE WEST INTERSECTION OF GROVE STREET AND
EAST 14TH STREET TO ENHANCE TRAFFIC SAFETY
WHEREAS, the National City Police Department informed staff that there is an
issue with drivers crossing over the double -yellow centerline into the opposing travel lane along
the 90-degree curve where Grove Street and East 14th Street intersect; and
WHEREAS, to increase traffic safety, staff recommends the removal of parking
along the curve to provide more clearance to drivers, and the installation of a 15 MPH curve
warning sign to provide guidance to drivers on the appropriate speed for traversing the curve;
and
WHEREAS, at it's meeting on August 18, 2010, the Traffic Safety Committee
approved staffs recommendation.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the City Engineer to approve the installation of red curb "No
Parking" and a 15 MPH curve warning sign at the west intersection of Grove Street and East
14th Street to enhance traffic safety.
PASSED and ADOPTED this 21st day of September, 2010.
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
Claudia G. Silva
City Attorney
Ron Morrison, Mayor
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: September 21, 2010
AGENDA ITEM NO, 11
EM TITLE:
A Resolution of the City of National City adjusting the Facilities Maintenance Fund appropriations by $450,000
and establishing debt service principal and interest accounts for payments to the City National Bank debt
service for the Honeywell Building Solutions Energy Retrofit Program
PREPARED BY: Jeanette Ladrido, CPA DEPARTMENT:
PHONE: 336-4331 APPROVED BY:
EXPLANATION:
)://
The City of National City has contracted with Honeywell Building Solutions for an energy retrofit program
totaling $1.7 million. The City of National City entered into a fifteen (15) year lease with Municipal Finance at
4.95% with principal and interest payments due quarterly. The program will generate energy savings that are
budget neutral and these savings are guaranteed by Honeywell.
Staff must establish a debt service principal and interest account to cover the upcoming payments totaling
$346,850 and funding of $103,150 in account 626-422-223-234-0000 to cover gas and electricity costs that were
under budgeted.
FINANCIAL STATEMENT: APPROVED:
ACCOUNT NO. APPROVED:
Establish appropriations in account 626-422-223-470, 480 and 224
ENVIRONMENTAL REVIEW:
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
Finance
MIS
STAFF RECOMMENDATION:
Recommend approval of resolution
BOARD / COMMISSION RECOMMENDATION:
ATTACHMENTS:
elution
RESOLUTION NO. 2010 —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
ADJUSTING THE FACILITIES MAINTENANCE FUND (FUND 626)
APPROPRIATIONS BY $450,000 TO ESTABLISH DEBT SERVICE PRINCIPAL AND
INTEREST ACCOUNTS FOR PAYMENTS TO THE CITY NATIONAL BANK DEBT
SERVICE FOR THE HONEYWELL BUILDING SOLUTIONS ENERGY RETROFIT
PROGRAM IN THE AMOUNT OF $346,850, AND FUNDS IN THE AMOUNT
OF $103,150 FOR UNDER -BUDGETED GAS AND ELECTRIC COSTS
WHEREAS, on May 16, 2010, the City Council adopted Resolution No. 2010-
41, entering into an Agreement with Honeywell Building Solutions for a budget -neutral, self -
funded comprehensive Energy Retrofit Program totaling $1.7 Million; and
WHEREAS, through the adoption of Resolution No. 2010-42, the City entered
into a fifteen (15) year lease with Municipal Finance at 4.95% with principal and interest
payments due quarterly; and
WHEREAS, a debt service principal and interest account must be established to
cover the upcoming payments totaling $346,850, and funding of $103,150 in account 626-422-
223-234-0000 to cover gas and electricity costs that were under budgeted, for a total of
$450,000.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the adjustment of the Facilities Maintenance Fund (Fund 626)
appropriations by $450,000 for the establishment of debt service principal and interest
accounts for the Honeywell Building Solutions Energy Retrofit Program and to cover gas and
electricity costs that were under budgeted.
PASSED and ADOPTED this 21st day of September, 2010.
Ron Morrison, Mayor
ATTEST:
Michael R. Daila, City Clerk
APPROVED AS TO FORM:
Claudia G. Silva
City Attorney
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: September21, 2010
AGENDA ITEM NO.12
M TITLE:
Resolution of the City of National City authorizing the reimbursement to the Facilities Maintenance Fund
(Account No. 626-422-223-323) from the General Fund Contingency Reserve (Fund 001-2411) in the
amount of $4,210 for the cost of materials to repair the public restrooms in the Library, and establishing
appropriations in the amount of $15,000 to account number 001-409-500-598-1590 from the General Fund
Contingency Reserve (001-2411) to replace specific areas of the Library flooring.
PREPARED BY: Leslie Deese, Asst. City ManagerDEPARTMENT: City Manager
PHONE: 619-336-4240 APPROVED BY:
EXPLANATION:
See Attached.
FINANCIAL STATEMENT:
ACCOUNT NO. 001-409-500-598-1590
APPROVED:
APPROVED:
Finance
MIS
Establish appropriations in account 001-409-500-598-1590 in the amount of $15,000 from 001-2411 and transfer
$4,210 to 626-422-223-323-0000 from 001-2411. The revised contingency reserve balance will be $6,087.234.
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
STAFF RECOMMENDATION:
Adopt Resolution (See attached report - Staff Recommendation)
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
volution
aiaff Report
Attachments 1 and 2
Opened in 2005, the $19 million National City Public Library is a crown jewel in
our community. As the most heavily used facility in the City, the Library receives
an estimated 447,750 patrons a year. Consequently, after five years, wear and
tear is beginning to show, the majority of which involves carpeted areas around
the check out desk and near the public restrooms.
The issues associated with normal wear and tear are compounded by intentional
acts of vandalism in the public restrooms which has resulted in damage and
required repairs (Attachment 1).
While most of our City facilities face similar issues to those outlined above and
despite very difficult budgetary constraints, our goal is to ensure all City facilities
are maintained with the health, safety and welfare of the user in mind along with
an aesthetically inviting appearance.
The proposed Library improvements are not budgeted in the current year budget.
Council approval of this item would authorize the reimbursement to the Facilities
Maintenance Fund (Fund 626) from the General Fund Contingency Reserve
(Fund 001-2411) in the amount of $4,210 for the cost of materials to repair the
public restrooms in the Library; and establish appropriations in the amount of
$15,000 to Account No. 001-409-500-598-1590 from the General Fund
Contingency Reserve (001-2411) to replace specific areas of the Library
flooring. The total amount to be funded from the General Fund Contingency
Reserve is not to exceed $19,210. Staff is examining other funding sources to
use and if identified, we would seek to replenish the reserve fund at the mid -year
budget review.
Flooring:
Carpet wear has been a continual problem. Even with regular cleaning,
excessive carpet wear is apparent in high traffic areas. Staff considered a
number of flooring options to help alleviate identified issues as well as provide for
a long term solution. The options considered were:
1. Replace heavily worn carpeted areas with new carpeting;
2. Replace heavily worn carpeted areas with lithocrete which is the same
product as used in the Library entryway;
3. Replace heavily worn carpeted areas with concrete staining and polishing;
4. Replace heavily worn carpeted areas with ceramic tile.
Staff Recommendation
There are pros and cons associated with each option, mostly centered on cost,
maintenance and noise factors.
Option 1 is not recommended due to the short life of carpeting and associated
maintenance costs;
Option 2 is not recommended due to the excessively high cost of lithocrete.
Additionally, in order to install the lithocrete on the second floor, a portion of the
light weight concrete would have to be removed, which would be very costly to
do.
Option 3 is not recommended due to the physical constraints in the Library and
contractor availability;
Option 4 is recommended using an 18x18 inch ceramic tile to be installed in high
traffic areas which will beautify the Library, reduce maintenance cost, and
provide a nice transition to the existing lithocrete and carpet. The tile flooring
however will not be as noise resistant as carpet.
The areas identified for the tile upgrade are (1) the area in front of the second
floor public restrooms, along the hall to the staircase; and (2) the area in front of
the check-out counter. The photos shown in Attachment 2 provide a visual of the
recommended tile shown alongside the existing lithocrete and carpeting.
Public Restrooms:
Public restrooms are located on the first and second floors of the Library. Over
the last five years, there have been numerous acts of vandalism that have
resulted in thousands of dollars of damage. As a result, staff has begun
checking out keys to patrons which has already resulted in a considerable
decrease in vandalism. New locks have been installed and keys are made
available to patrons at the main check out desks located on each floor. The
patron requesting a restroom key will sign the register and then receive a key
with a transmitter device which will activate the alarm at the front doors if they
accidentally leave with it.
In addition, informational signs were installed, all four restrooms were painted,
new mirrors and toilet seats were installed and the ceramic tile was cleaned.
Library Board of Trustees:
Library, Public Works and Engineering staff provided an informational report to
the Library Board of Trustees at its August 11, 2010 meeting and offered to come
back to the next Board meeting to present a tile sample and an update on cost
and installation.
Staff Recommendation:
Staff recommends the City Council adopt the resolution authorizing the
reimbursement to the Facilities Maintenance Fund (Account 626-422-223-323)
from the General Fund Contingency Reserve (Fund 001-2411) in the amount of
$4,210 for the cost of materials to repair and secure the public restrooms in the
Library; and would establish appropriations in the amount of $15,000 to Account
No. 001-409-500-598-1590 from the General Fund Contingency Reserve (001-
2411) to replace specific areas of the Library flooring.
tt
RESOLUTION NO. 2010 —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
AUTHORIZING THE REIMBURSEMENT TO THE FACILITIES MAINTENANCE
FUND (ACCOUNT NO. 626-422-223-323) FROM THE GENERAL FUND
CONTINGENCY RESERVE (FUND 001-2411) IN THE AMOUNT OF $4,210
FOR THE COST OF MATERIALS TO REPAIR THE PUBLIC RESTROOMS IN
THE LIBRARY, AND ESTABLISHING APPROPRIATIONS IN THE AMOUNT
OF $15,000 TO ACCOUNT NUMBER 001-409-500-598-1590 FROM
THE GENERAL FUND CONTINGENCY RESERVE (001-2411) TO
REPLACE SPECIFIC AREAS OF THE LIBRARY FLOORING
WHEREAS, the $19 Million National City Public Library, which opened in 2005,
receives an estimated 447,750 patrons a year; and
WHEREAS, the carpet in the library is showing signs of wear and tear, the
majority of which involves the carpeted areas around the checkout desk and near the public
restrooms; and
WHEREAS, there have also been intentional acts of vandalism in the public
restrooms that have resulted in damage and required repairs in the amount of $4,210; and
WHEREAS, an amount not to exceed $19,210 is requested from the General
Fund Contingency Reserve (Fund 001-2411) to reimburse the Facilities Maintenance Fund
(Account No. 626-422-223-323) in the amount of $4,210 for the cost of materials to repair the
public restrooms in the Library; and for establishing appropriations in the amount of $15,000 to
Account No. 001-409-500-598-1590 to replace specific areas of the Library flooring.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the reimbursement to the Facilities Maintenance Fund (Account
No. 626-422-223-32) from the General Fund Contingency Reserve (Fund 001-2411) in the
amount of $4,210, for the cost of materials to repair the public restrooms in the National City
Public Library.
BE IT FURTHER RESOLVED that the City Council authorizes the establishment
of appropriations in the amount of $15,000 to account no. 001-409-500-598-1590 from the
General Fund Contingency Reserve (001-2411) to replace specific areas of the Library flooring.
PASSED and ADOPTED this 21st day of September, 2010.
Ron Morrison, Mayor
ATTEST: APPROVED AS TO FORM:
Michael R. Dalla, City Clerk Claudia G. Silva
City Attorney
Attachment 1
Pix 1 — Markings etched into toilet seats
Pix 2 — Markings etched into mirrors
Pix 3 — Markings on restroom partitions
Pix 4 — Markings on restroom walls
Pix 5 — Markings on restroom tiles
Pix 6 — Markings etched into baby changing table
S'
Mir
Mil 1 ors
uoim ---d
IItA
•
N
Baby Ganging Table
Attachment 2
Pix 1 — Proposed tile against existing carpet
Pix 2 — Proposed tile against existing carpet
Pix 3 — Proposed tile against existing lithocrete
Pix 4 — Proposed tile against existing lithocrete
!3
'(p
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: September 21st, 2010
AGENDA ITEM NO. 13
EM TITLE:
(Warrant Register #7 for the period of 08/11/10 through 8/17/10 in the amount of $327,182.08
PREPARED BY: 1K. Apalategui DEPARTMENT:
PHONE:.p19-336-4331i APPROVED BY:
EXPLANATION:
Per Government Section Code 37208, attached are the warrants issued for the period of 08/11/10
through 08/17/10
The Finance Department has implemented a policy explanation of all warrants above $50,000.00
Vendor Check Amount Explanation
FINANCIAL STATEMENT: APPROVED:
ACCOUNT NO. I APPROVED:
N/A
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
Finance
MIS
STAFF RECOMMENDATION:
Ratification of warrants in the amount of $327,182.08
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
rrant Register #7
PAYEE
ALL ABOUT BOOKS CO.
AMAZON
BAKER & TAYLOR
BRODART
CITY OF NATIONAL CITY
DELL MARKETING CORP
GEISLER
MCPHIE
MIDWEST TAPE
MORE DIRECT
NANCY SAINT JOHN
NEWSBANK INC.
SCHIMMINGER
SPRINT
TRAF SYS INC
TUMBLEWEED PRESS INC.
U S POSTMASTER
EROX CORPORATION
MERICAN ROTARY BROOM
ARCO GASPRO PLUS
BOOT WORLD
BRENNTAG PACIFIC INC
CALIFORNIA ELECTRIC SUPPLY
COOPER'S PLUMBING & HEATING
FERGUSON ENTERPRISES INC
FLEET SERVICES INC
INFRASTRUCTURE ENGINEERING
KONE
NATIONAL CITY CAR WASH
PERRY FORD
POWERSTRIDE BATTERY CO INC
PRO BUILD
PRUDENTIAL OVERALL SUPPLY
RON BAKER CHEVROLET
SDG&E
SOUTHWEST SIGNAL SERVICE
SWEETWATER AUTHORITY
UNDERGROUND SERVICE ALERT
VALLEY INDUSTRIAL SPECIALTIES
3M COMPANY
ALL FRESH PRODUCTS
QONSUISSE INC
ROADWAY AUTO GLASS
,ALIFORNIA BAKING CO.
CHICK'S ELECTRIC MOTOR, INC.
CINTAS DOCUMENT MANAGEMENT
WARRANT REGISTER # 7
8/17/2010
DESCRIPTION
GIVEAWAY BOOKS - TARGET GRANT
ADULT NON-FICTION BOOKS
FFL LM GIVEAWAYS
WOW COLLECTION
AL OPERATIONS
DELL WIRELESS DESKTOP, VOSTRO 320
STORYTELLING PROGRAM
STORYTELLING PROGRAM
DVD'S FOR THE COLLECTION
INV: 2163125 / NOTEBOOK PC
STORYTELLING PROGRAM
ANNUAL SUBSCRIPTION
EDUCATIONAL BROCHURES
VIDEO CONFERENCING
WIRELESS NON DIRECTIONAL COUNTER
SUBSCRIPTION FOR TUMBLEBOOK
POSTAGE FOR OVERDUE NOTICES
XEROX BASE CHARGE AND OVERAGES
MOP 62683 AUTO PARTS
FUEL FOR CITY FLEET
MOP 64096 WEARING APPAREL
POOL CHEMICALS
MOP 45698 ELECTRICAL MATERIAL
CITY-WIDE PLUMBING SERVICES
MOP 45723 PLUMBING MATERIAL
MOP 67804 AUTO PARTS
FLOW MONITORING SUPPORT
REPAIRS & MAINTENANCE
CAR WASHES FOR CITY FLEET
MOP 45703 AUTO PARTS
MOP 67839 AUTO PARTS
MOP 45707 PLUMBING MATERIALS
MOP 45742 LAUNDRY SERVICE
MOP 45751 AUTO PARTS
STREET GAS & ELECTRIC
TRAFFIC SIGNAUSTREET LIGHTING
WASTEWATER WATER
UNDERGROUND SRVC ALERT
MOP 46453 PLUMBING MATERIAL
SAFETY GLASSES
FOOD FOR NUTRITION CENTER
DAIRY DELIVERY FOR NUTRITION
REGULATOR FOR V# 281
BREAD DELIVERY FOR NUTRITION
BERKELEY PUMPMOTOR
MONTHLY SHREDDING FOR POLICE
1 /4
CHK NO DATE AMOUNT
237744 8/12/10 450.00
237745 8/12/10 1,489.29
237746 8/12/10 328.16
237747 8/12/10 278.46
237748 8/12/10 189.08
237749 8/12/10 1,517.75
237750 8/12/10 175.00
237751 8/12/10 180.00
237752 8/12/10 938.46
237753 8/12/10 1,976.77
237754 8/12/10 150.00
237755 8/12/10 3,730.00
237756 8/12/10 684.75
237757 8/12/10 11.18
237758 8/12/10 475.00
237759 8/12/10 399.00
237760 8/12/10 308.00
237761 8/12/10 117.88
237762 8/17/10 478.43
237783 8/17/10 27,118.68
237764 B/17/10 375.00
237765 8/17/10 1,935.25
237766 8/17/10 277.37
237767 8/17/10 210.00
237768 8/17/10 683.45
237769 8/17/10 372.34
237770 8/17/10 5,130.00
237771 8/17/10 3,623.79
237772 8/17/10 324.00
237773 8/17/10 197.51
237774 8/17/10 376.91
237775 8/17/10 252.25
237776 8/17/10 462.56
237777 8/17/10 34.68
237778 8/17/10 27,650.39
237779 8/17/10 10,508.70
237780 8/17/10 271.59
237781 8/17/10 118.50
237782 8/17/10 745.20
237783 8/17/10 56.80
237784 B/17/10 1,965.66
237785 8/17/10 345.10
237786 8/17/10 269.50
237787 8/17/10 144.00
237788 8/17/10 495.00
237789 8/17/10 72.95
PAYEE
COMMUNITY DEVELOPMENT
COMPUTER PROTECTION TECH- INC.
COUNTY OF SAN DIEGO
EXPERIAN
FAST SIGNS
FIRE ETC
GRANICUS INC
GTC SYSTEMS INC
HAMILTON MEATS & PROVISIONS
IRON MOUNTAIN RECORDS
J & L JANITORIAL SUPPLY
LASER SAVER INC
MALLORY FIRE
NEXUS IS INC
ORIENTAL TRADING, CO., INC.
PADRE JANITORIAL SUPPLIES INC
PERRY FORD
PRO -EDGE KNIFE
R.J. SAFETY SUPPLY
RADIATION DETECTION COMPANY
RED WING SHOES
RPM WELDING INC
SAN DIEGO HYDRAULICS
SAN DIEGO UNION TRIBUNE
SYSCO SAN DIEGO
TARULLI TIRE SAN DIEGO INC
TRAINING INNOVATIONS
TURF STAR
U-LINE
VERIZON WIRELESS
WAXIE SANITARY SUPPLY
WEST PAYMENT CENTER
ZEE MEDICAL, INC.
ZUMAR INDUSTRIES
BEARD
BOOT WORLD
EDCO DISPOSAL CORPORATION
HOGLE IRELAND INC
KEYSER MARSTON ASSOC
LASER SAVER INC
NAPA AUTO PARTS
NBS
OPPER & VARCO
PACIFIC BUSINESS CAPITAL CORP
PRO BUILD
PRUDENTIAL OVERALL SUPPLY
WARRANT REGISTER # 7
8/17/2010
DESCRIPTION
SOFTWARE FOR SPEC WRITING
UPS MAINTENANCE CITY HALL & PD
REGIONAL COMMUNICATIONS MAINT
CREDIT CHECK / NEW PD EMPLOYEES
ALUMINUM SIGNS
4" X 50' FIRE HOSE / YELLOW
GRANICUS WEBCAST/LIVECAST
NETWORK ENGINEERING / JULY 2010
MEAT DELIVERY FOR NUTRITION CENTER
RECORDS MANAGEMENT/DOC STORAGE
WASTE BASKET - GRAY
PRINTER MAINTENANCE & REPAIR SERVICE
VALVE / PRESSURE RELIEF
NEXUS PHONE SYSTEM / JULY 2010
HAPPY THANKS GIVING BANNER
JANITORIAL SUPPLIES FOR NUTRITION
LABOR TO REPAIR V# 381
KNIFE SHARPENING SERVICES
SAFETY CONES
TLD SBGN BADGE / QUARTERLY PMNT
SAFETY BOOTS
REPAIRS TO SWEEPER
TUBE ASSEMBLY 3/4"
LEGAL NOTICES ADVERTISING - 07/10
CONSUMABLES FOR NUTRITION CENTER
RECAP TIRES
TMS SOFTWARE SUBSCRIPTION
V-BELT
5x8 WB RECLOSABLE BAG
VERIZON WIRELESS SERVICE / CITY
71" TELESCOPIC ALUMINUM HANDLE
PERIOD OF 07/01/10 - 07/31/10
FIRST AID SUPPLIES
SIGNS
SUSTAINABILITY PILOT PROJECT
MOP# 64096. SAFETY BOOTS
WASTE DISPOSAL FOR CDC
CONSULTANT AGREEMENT / JUNE 2010
ECONOMIC CONSULTING SERVICES
MOP# 45725. TONER
MOP# 45735. CAR WASH SOLUTION
LANDSCAPE MAINT DISTRICT SERVICES
EXPERT & CONSULTANT
EQUIPMENT RENTAL
MOP# 45707. LADDER - SCRUBS
MOP#45742. LAUNDRY SERVICE
2/4
CHK NO DATE AMOUNT
237790 8/17/10 1,050.00
237791 8/17/10 4,020.00
237792 8/17/10 9,063.00
237793 8/17/10 27.24
237794 8/17/10 93.59
237795 8117/10 3,321.04
237796 8/17/10 1,477.35
237797 8/17/10 5,253.28
237798 8/17/10 1,124.64
237799 8/17/10 131.00
237800 8/17/10 119.56
237801 8/17/10 2,077.18
237802 8/17/10 65.41
237803 8/17/10 730.00
237804 8/17/10 187.03
237805 8/17/10 37.67
237806 8/17/10 5,726.39
237807 8/17/10 46.'
237808 8/17/10 300.
237809 8/17/10 108.60
237810 8/17/10 125.00
237811 B/17/10 712.25
237812 8/17/10 59.27
237813 8/17/10 3,579.60
237814 8/17/10 1,720.19
237815 8/17/10 643.83
237816 8/17/10 575.00
237817 8/17/10 278.48
237818 8/17/10 112.60
237819 8/17/10 207.50
237820 8/17/10 85.91
237821 8/17/10 420.00
237822 8/17/10 250.42
237823 8/17/10 499.62
237824 8/17/10 200.00
237825 8/17/10 215.29
237826 8/17/10 104.75
237827 8/17/10 427.50
237828 8/17/10 13,589.63
237829 8/17/10 241.34
237830 8/17/10 8.76
237831 8/17/10 935.6-
237832 8/17/10 1,68'
237833 8/17/10 390.ov
237834 8/17/10 86.72
237835 8/17/10 13.34
PAYEE
SAN DIEGO BUSINESS JOURNAL
SAN DIEGO CLIPPING SERVICE
SDG&E
SOUTH COUNTY ECONOMIC
STAPLES ADVANTAGE
STRATACOM
TIERRA WEST ADVISORS INC
WESTFLEX INDUSTRIAL
AFLAC
ALTA PLANNING & DESIGN, INC.
ARUTYUNYAN
WEINSTOCK
CALIFORNIA REDEVELOPMENT
YANOVSKY
CEB
CEB
CEB
ITY ATTORNEYS ASSOCIATION
ONTRACTING CONCEPTS INC
CULLIGAN
DELTACARE (PMI)
ESTUDILLO
FEDEX
MORRISON
LEXIS-NEXIS
LOPEZ
LOUNSBERRY FERGUSON ALTONA
MATTHEW BENDER & CO INC
MEYERS/NAVE LAW CORP
NATIONAL CITY HOST LIONS CLUB
NATIONAL NOTARY ASSOCIATION
RAY WILLIAMS REFRIGERATION
SHERMAN
SAN DIEGO COUNTY EMS
SAN DIEGO MIRAMAR COLLEGE
SAN DIEGO PET & LAB SUPPLY.
SMART & FINAL
STAPLES ADVANTAGE
STRATACOM
TARGET SPECIALTY PRODUCTS
TIERRASANTA HEATING & AIR
' 1 S BANK CORPORATE PAYMT SYS
WE & ASSOCIATES
WE & ASSOCIATES
BEEMAN
WILLY'S ELECTRONIC SUPPLY
WARRANT REGISTER # 7
8/17/2010
DESCRIPTION
MEMBERSHIP AND SUBSCRIPTION
NEWS READING AND CLIPPING SERVICE
GAS AND ELECTRIC UTILITIES FOR CDC
SCEDC MEMBERSHIP 2010/2011
MOP# 45704. OFFICE SUPPLIES
MOP# 63845. ENVELOPES
TIERRA WEST ADVISORS - JULY 2010
MOP# 63850. PAINTING SUPPLIES
AFLAC ACCOUNT BDM36 AUG 2010
N.C. BICYCLE MASTER PLAN
REFUND - VIOLATION DISMISSED
REFUND BLDG PERMIT COSTS
CA REDEVELOP ASSOC SEMINAR
REFUND - FOR SUMMER CAMP
CA MUNICIPAL LAW HANDBOOK
CA LAND USE PRACTICE
CA EASEMENTS & BOUNDARIES
CA ASSOCIATION ANNUAL MEMBERSHIP
REFUND OF C&D COSTS
WATER SOFTENER SERVICE
DENTAL INS PMI AUG 2010
REFUND - COPY OF PHOTOS
FEDEX SHIPMENT - FINANCE
REFUND BLDG PERMIT COSTS
ONLINE LEGAL CHARGES JULY 2010
TRANSLATION SERVICES FY 10/11
STORMWATER STATE TEST CLAIM
CA CODES 6-IN-2 JULY 2010
CONSULT/MOU NEGOTIATIONS
4TH OF JULY FIREWORKS
NOTARY E & 0 INSURANCE
MAINTENANCE SVC ICE MACHINE
REFUND - SUMMER CAMP
S D & MEDICATIONS PROTOCOLS
FIELD TRAINING OFFICER COURSE
MOP# 45753. DOG FOOD
MOP45756. SUPPLIES FOR COUNCIL
MOP# 45758. OFFICE SUPPLIES
MOP# 63845. ENVELOPES
VEGETATION MANAG MEETING
REFUND BLDG PERMIT COST
CREDIT CARD EXPENSE / COMM SVCS
ON CALL SERVICES / JUNE 2010
ON CALL SERVICES /APRIL 2010
REFUND -OVERPAYMENT
MOP# 45763. COMPUTER SUPPLIES
3/4
CHK NO DATE AMOUNT
237836 8/17/10 59.00
237837 8/17/10 144.00
237838 8/17/10 19.56
237839 ' 8/17/10 7,500.00
237840 8/17/10 423.78
237841 8/17/10 109.76
237842 8/17/10 11,223.75
237843 8/17/10 233.33
237844 B/17/10 1,655.60
237845 8/17/10 14,408.58
237846 8/17/10 60.00
237847 8/17/10 109.00
237848 8/17/10 390.00
237849 8/17/10 50.00
237850 8/17/10 307.01
237851 8/17/10 174.27
237852 8/17/10 161.22
237853 8/17/10 700.00
237854 8/17/10 2,062.00
237855 8/17/10 204.00
237856 8/17/10 3,552.23
237857 8/17/10 16.00
237858 8/17/10 26.19
237859 8/17/10 178.20
237860 8/17/10 427.38
237861 8/17/10 140.00
237862 8/17/10 3,207.00
237863 8/17/10 35.12
237864 8/17/10 275.00
237865 8/17/10 6,552.00
237866 8/17/10 84.00
237867 8/17/10 187.50
237868 8/17/10 25.00
237869 8/17/10 140.00
237870 8/17/10 39.00
237871 8/17/10 234.59
237872 8/17/10 27.30
237873 8/17/10 1,840.42
237874 8/17/10 493.88
237875 8/17/10 120.00
237876 8/17/10 186.20
237877 8/17/10 174.12
237878 8/17/10 34,220.50
237879 8/17/10 12,490.00
237880 8/17/10 8.00
237881 8/17/10 496.45
4/4
WARRANT REGISTER # 7
8/17/2010
PAYEE DESCRIPTION CHK NO DATE AMOUNT
YOUNG SHERMAN L INSTITUTE CLASS 281 237882 8/17/10 419.58
ZAPATA PROMOTIONAL ACTIVITIES REIMBURSEMEN. 237883 8/17/10 76.89
WIRED PAYMENTS
TRISTAR RISK MANAGEMENT JULY 2010 WC REPLENISHMENT
A/P Total 265,685.20
31216962 8/17/20 61,496.88
GRAND TOTAL $ 327,182.08
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: September 21st, 2010
AGENDA ITEM NO.14
EM TITLE:
Warrant Register #8 for the period of 08/18/10 through 8/24/10 in the amount of $3,014,195.70
PREPARED BY: K. Apalateg0 DEPARTMENT:
PHONE: 1619-336-4331 APPROVED BY:
EXPLANATION:
!Per Government Section Code 37208, attached are the warrants issued for the period of 08/18/10
through 08/24/10
The Finance Department has implemented a policy explanation of all warrants above $50,000.00
Vendor Check Amount Explanation
City of San Diego 237909 1,204,458.00 Wastewater charges
Public Emp Ret System 237938
266,888.16 Service period 8-10-3
Sandpipa 237942 110,761.00 Workers Comp 8/01/10 — 7/31/11
FINANCIAL STATEMENT:
ACCOUNT NO.
N/A
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVE
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
Ratification of warrants in the amount of $3,014,195.70
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
rrant Register #8
PAYEE
CHRISTENSEN & SPATH LLP
EQUIFAX INFORMATION SVCS
GE CAPITAL
LASER SAVER INC
N C CHAMBER OF COMMERCE
PACIFIC BUSINESS CAPITAL CORP
SDG&E
STAPLES ADVANTAGE
SWEETWATER AUTHORITY
UNION -TRIBUNE PUB. CO.
VERIZON WIRELESS
ABCANA INDUSTRIES
ALL AMERICAN BUILDING AND
AMERICAN ROTARY BROOM
ASSI SECURITY
AT&T MOBILITY
AT&T MOBILITY
BCM CUSTOMER SERVICE
BRENNTAG PACIFIC INC
BROADWAY AUTO GLASS
CALIFORNIA COMMERCIAL SECURITY
CENTURY WHEEL & RIM
CESNAUSKAS
CITY OF CHULA VISTA
CITY OF SAN DIEGO
CLEAN HARBORS
CONSTRUCTION ELECTRONICS INC
COUNTY OF SAN DIEGO
COUNTY OF SAN DIEGO
DAPPER TIRE COMPANY
ESGIL CORPORATION
ESGIL CORPORATION
FEDEX
FRANK TOYOTA
GARCIA
GRAINGER
GRANICUS INC
GTC SYSTEMS INC
HDL COREN & CONE
HINDERLITER DE LLAMAS & ASSOC
HORIZON HEALTH EAP
HUDSON SAFE-T-LITE RENTALS
J & M KEYSTONE INC
JOHN DEERE LANDSCAPES
LINEBERRY
MAINTEX INC
MASON'S SAW &
NATIONAL CITY AUTO TRIM
WARRANT REGISTER # 8
8/24/2010
DESCRIPTION
LEGAL SERVICES FOR CDC
CREDIT CHECK FOR SECTION 8
INSTALLMENT FOR COPIER / CDC
MOP# 45725. INK CARTRIDGES
SERVICES FOR JULY, AUG & SEPT
EQUIPMENT RENTAL
GAS AND ELECTRIC UTILITIES FOR CDC
MOP# 45704. OFFICE SUPPLIES
WATER UTILITIES FOR CDC
PUBLICATION OF PLANNING COMMISSION
VERIZON WIRELESS SERVICE / SEC 8
MUNICIPAL POOL CHEMICALS
CARPENTRY/BUILDING REPAIRS
SWEEPER REPAIRS
CITY-WIDE CARD ACCESS PROJECT
ATT SECURE WIRELESS CIRCUIT / PD
ATT SECURE WIRELESS CIRCUIT FOR PD
PREVENTATIVE MAINTENANCE
MUNICIPAL POOL CHEMICALS
FW02018GBN WINDSHIELD
DOOR REPAIRS
AUTOMOTIVE SUPPLIES
EDUCATIONAL REIMBURSEMENT
ANIMAL SHELTER COSTS FOR FY 2010
WASTEWATER FEES
HAZARDOUS WASTE PICKUP
BASIC COVERAGE MAINTENANCE
HAZ MAT PERMIT 9/30/10 - 9/30/11
COUNTY SD SHARE/PARKING CITATION
TIRES FOR CITY FLEET
PLAN CHECKING PERIOD 07/01-31/10
CONSULTANT SERVICES 07/01-31/10
FEDEX CHARGES
2009 TOYOTA PRIUS HYBRID LEASE
SUMMER CAMP REFUND
MOP 65179 ELECTRICAL MATERIAL
GRANICUS WEBCAST
NETWORK ENGINEERING HOURS
PROPERTY TAX JULY-SEPTEMBER 2010
SALES TAX QTR 1 2010
EMPLOYEE ASSIST PROGRAM - AUG 10
28" TRAFFIC CONES W/REFL SLEEVES
CARPET CLEANING
MOP 69277 HORTICULTURAL ITEMS
HEALTHNET INSURANCE DEDUCTIONS
MISC JANITORIAL SUPPLIES
MOP 45729 MATERIAL & SUPPLIES
R&M CITY VEHICLES
1/2
CHK NO DATE AMOUNT
237884 8/24/10 1,580.00
237885 8/24/10 50.00
237886 8/24/10 420.86
237887 8/24/10 271.55
237888 8/24/10 12,500.00
237889 8/24/10 195.00
237890 8/24/10 83.13
237891 8/24/10 66.61
237892 8/24/10 136.74
237893 8/24/10 1,416.00
237894 8/24/10 356.04
237895 8/24/10 1,197.90
237896 8/24/10 2,821.48
237897 8/24/10 742.60
237898 8/24/10 28,612.50
237899 8/24/10 6,923.21
237900 8/24/10 2,475.73
237901 8/24/10 150.00
237902 8/24/10 975.18
237903 8/24/10 140.25
237904 8/24/10 1,932.94
237905 8/24/10 77.41
237906 8/24/10 258.00
237907 8/24/10 31,377.00
237908 8/24/10 1,204,458.00
237909 8/24/10 638.10
237910 8/24/10 843.55
237911 8/24/10 1,599.00
237912 8/24/10 9,749.50
237913 8/24/10 843.37
237914 8/24/10 12,963.73
237915 8/24/10 10,233.90
237916 8/24/10 57.24
237917 8/24/10 1,411.88
237918 8/24/10 25.00
237919 8/24/10 206.18
237920 8/24/10 1,477.35
237921 8/24/10 2,550.23
237922 8/24/10 2,400.00
237923 8/24/10 6,184.06
237924 8/24/10 816.24
237925 8/24/10 469.18
237926 8/24/10 725.00
237927 8/24/10 537.22
237928 8/24/10 410.12
237929 8/24/10 2,917.43
237930 8/24/10 281.01
237931 8/24/10 274.38
PAYEE
NATIONAL CITY TROPHY
ONE SOURCE DISTRIBUTORS
ORKIN PEST CONTROL
PACIFIC AUTO REPAIR
PEREZ
PERRY FORD
PUBLIC EMP RETIREMENT SYSTEM
QUALITY LIFT TRUCKS
RUSS' BEE REMOVAL
SAM'S ALIGNMENT SERVICE
SANDPIPA
SDG&E
SDG&E
SIGN MASTERS
SUPERIOR READY MIX
SWEETWATER AUTHORITY
TILLEY CRANE INSPECTION SVC
UNITED TRANSMISSION EXCHANGE
USA MOBILITY WIRELESS, INC.
WESTFLEX INDUSTRIAL
WILLY'S ELECTRONIC SUPPLY
WOOD & WOOD
ZIONS BANK
SECTION 8 HAPS PAYMENTS
PAYROLL
Pay period
Start Date
17 7/27/2010
Special Payroll
WARRANT REGISTER # 8
8/24/2010
DESCRIPTION
MOP 66556 BUILDING MATERIAL
MOP 67256 ELECTRICAL MATERIAL
PEST MAINTENANCE
SMOG CERTIFICATION & REPAIRS
TICKET REIMBURSEMENT
LABOR, WHEEL REPAIRS V#388
SERVICE PERIOD 8-10-3
CYLINDER WHEEL #21892
BEE REMOVAL
WHEEL ALIGNMENT
WORKERS COMP 8/01/10 - 7/31/11
FACILITIES GAS & ELECTRIC
STREET GAS & ELECTRIC
WHITE COROPLAST SIGNS
OIL
FACILITIES WATER
ANNUAL INSPECTION
KIT FILTER 4" HIGH CAPACITY
USA MOBILITY
MOP 63850 AUTO PARTS
MOP 45763 MATERIALS & SUPPLIES
LIABILITY CLAIM COSTS
LEASE PAYMNT FOR 800 MHZ EQUIPMENT
Start Date
8/18/2010
End Date
8/9/2010
End Date
8/24/2010
Check Date
8/18/2010
8/18/2010
2/2
CHK NO DATE AMOUNT
237932 8/24/10 40.78
237933 8/24/10 5.30
237934 8/24/10 373.33
237935 8/24/10 727.15
237936 8/24/10 40.00
237937 8/24/10 1,078.13
237938 8/24/10 266,888.16
237939 8/24/10 175.98
237940 8/24/10 775.00
237941 8/24/10 669.89
237942 B/24/10 110,761.00
237943 8/24/10 32,706.77
237944 8/24/10 5,575.37
237945 8/24/10 340.00
237946 8/24/10 111.47
237947 8/24/10 31,680.94
237948 8/24/10 400.00
237949 8/24/10 155.94
237950 8/24/10 960.7E
237951 8/24/10 31.08
237952 8/24/10 301.36
237953 8/24/10 11,235.33
237954 8/24/10 48,678.25
A/P Total 1,870,543.79
3,242.93
1,136,574.07
3,834.91
GRAND TOTAL $ 3,014,195.70
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: September 21, 2010
AGENDA ITEM NO. 15
EM TITLE:
National City Sales Tax Update —First Quarter 2010
PREPARED BY: Roxanna E. Galvan 401 DEPARTMEN inance De rtmenX
PHONE: Ext. 4269 APPROVED B
EXPLANATION: Jeanette adrido, CPA
Background Finance Director
The City has an on -going contract with Hinderliter, de Llamas & Associates (HdL Companies) for revenue management.
Staff meets with a representative of HdL on a quarterly basis to review sales tax data and trends within the City and
statewide. The HdL companies also review National City property tax data and provides an annual report of the
Redevelopment project areas.
Newsletter Summary
National City sales per capita continues to exceed the County and State average. Sales tax for the first quarter of 2010
showed a 1.6% increase in comparison to the same quarter last year. Numerous contributors are responsible for the
increase including: the increase in new auto sales despite closure of an auto dealer; family apparel and department store
showed a positive return; and the Circuit City closure continues caused a major decrease in electronic/appliance stores
receipts within the City. Proposition "D," the city's voter -approved local sales tax, generated an additional $1,861,918 in
revenue to the city, which was 4.1% increase in comparison with the same quarter last year. California had a statewide sales
and use tax increase of 1.1%. This marks the first year -over -year gain in statewide sales in two and one-half years. Declines
in local sales and use tax revenues are generally thought to have "bottomed out" and expectations are for moderate gains in
al allocations over the next two quarters.
iched is the National City Sales Tax Update for the first quarter sales of 2010. This newsletter is also available on the
uity's website.
FINANCIAL STATEMENT:
ACCOUNT NO. jN/A
ENVIRONMENTAL REVIEW:
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
Accept and file the newsletter. 1
BOARD / COMMISSION RECOMMENDATION:
ATTACHMENTS:
achment A - National City Sales Tax Update —First Quarter 2010
Receipts from January - March .'
sales were 1 6% higher than the
same period last year.
New auto sales increased despite
the closure of a dealership while a
double payment overstated the gain
in the used auto category. Fam-
ily apparel and department stores
showed positive returns but the rise
for discount department stores and
eery/book stores was inflated
t , letime events. These gains off-
set the drop in electronics/appliance
stores due to a store closeout
New eateries boosted returns in
restaurants with liquor offsetting a
late payment in restaurants with no
alcohol. Higher prices bumped up
fuel -related proceeds. Multiple de-
viations accounted for the increase
in business to business receipts.
Temporary adjustments that inflat-
ed the year-ago quarter overstat-
ed the decrease in Building & Con-
struction overall:
The city's voter approved trans-
actions
tax generated an addition-
al $1,861,918. This was a 4.1% in-
crease compared to the same quar-
ter a year ago.
Adjusted for reporting aberrations,
taxable sales for all of San Diego
County including its cities gained
1 "-' over the comparable time pe-
r. vie Southern California as a
whole was up 0.5%.
N9, C[TQ
Attar
ational City
Sales Tax Update
Second Quarter Receipts for First Osarter Sales (Jan Mar 2010)
SALES TAX BY MAJOR BUSINESS GROUP
$1,006 ,000
$ 800 ,000
$ 600 ,000
$ 400 ,000
$200.000
so
Autos
and
Transportation
General
Consumer
Goods
Restaurants
and
Hotels
TOP 25 PRODUCERS
In Alphabetical Order
Arco AM PM
Audi Leasing Ltd
Bentley Leasing
Ball Honda Acura
Mitsubishi &
Suzuki
Borders
Forever XXI
Frank Motors
Golden Image
Window
Coverings
Highland Arco
JC Penney
Macys
McCune Motors
McDonalds
Mossy Nissan
Perry Ford
Probuild Company
Ron Baker
Chevrolet Isuzu
Ross
South Bay
Volkswagen
Suzuki
Target
Univar
Venture Petroleum
Company
Vintners
Distributors
Walmart
Wescott Mazda Kia
Westair Gases &
Equipment
Fuel and
Service
Stations
Business
and
Industry
II 1st Quarter 2009
1st Quarter 2010
Food
and
Drugs
Building
and
Construction
REVENUE COMPARISON
Four Quarters - Fiscal Year To Date
Point -of -Sale
2008-09
2009-10
$11,843,128 $10,437,239
County Pool 1,339,900 1,205,554
State Pool 5,786 9,183
Gross Receipts $13,188,814 $11,651,976
Less Triple Flip* $(3,297,204) $(2,912,994)
Gross Trans. Tax $8,449,669 $7,853,232
*Reimbursed front county compensation find
Published by The HdL Companies in Summer 2010
www.hdlcompanies.com l 888.861.0220
CTI"HaL
Q1 2010 National City Sales Tax Update
Statewide Results
Adjusted for accounting aberrations,
California's local sales and use tax rev-
enues from the first quarter of 2010
were 1.1% higher than the same quar-
ter one year ago. This marks the first
year -over -year gain in statewide sales
in two and one-half years.
For most agencies, the increase came
almost exclusively from the 33% re-
covery in fuel prices since first quar-
ter 2009. An early Easter also helped
boost receipts from discount depart-
ment stores and value priced apparel
while year-end bonuses, the prior
stock market rally and manufacturer
incentives produced auto sales gains in
some high income communities.
Geographically, the central and north-
ern coastal areas of California did bet-
ter than the rest of the state. How-
ever, the only solid across-the-board
increases occurred in a few areas sur-
rounding the technology centers of
Silicon Valley.
Projections for a
Tepid Recovery Continue
Statewide, declines in local sales and
use tax revenues are generally thought
to have "bottomed out" and expecta-
tions are for moderate gains in local
allocations over the next two quarters.
Rising fuel prices, stimulus rebates for
energy -related purchases, inventory re-
building by retailers and manufacturers
and a temporary slump in consumer
savings to satisfy pent up demand are
all expected to have a positive impact
on revenues.
Aggressive manufacturer incentives
are also projected to improve new car
sales over the next few quarters al-
though the taxable values of the units
sold will be far less than at the peak
of the credit bubble when 40% of all
California new car sales were financed
from home equity loans which had en-
couraged more expensive purchases.
However the increases are anticipated
to taper off in the last half of the fis-
cal year as inventory rebuilding winds
down and various federal stimulus and
tax incentive programs are phased out.
Overall year-end gains are expected to
be modest except in jurisdictions ben-
efitting from new development or spe-
cific business/retail segments.
The current consensus is that Cali-
fornia's fiscal problems, high unem-
ployment and a continued slump in
construction activity make significant
recovery in tax revenues unlikely be-
fore 2012-2013.
Local Add -On Sales Tax
Measures Approved
All six proposals for sales tax add-
ons were approved in June as voters
continued to exhibit an openness to
financing services in their immediate
communities where they have more
input and control.
New taxes were approved in the cit-
ies of Calexico, Cathedral City, Cotati,
Rohncrt Park and Woodland. Davis
approved continuation of an existing
tax that was about to sunset.
This brings the number of agencies
with one or more "transactions tax"
districts to 78 cities and 27 counties.
While sales tax is collected on all pur-
chases and allocated to where the sale
is negotiated, the local "transactions
tax" is collected and distributed for
purchases in only the levying jurisdic-
tion where the goods are delivered,
consumed or registered.
A dozen agencies are considering simi-
lar measures for the November 2010
ballot.
SALES PER CAPITA
$8,000
$6,000
$4,000
$2,000
SO
Q1
07
National City
01
08
County
01
09
Q1
10
California
NATIONAL CITY TOP 15 BUSINESS TYPES
Business Type
New Motor Vehicle Dealers
Discount Dept Stores
Restaurants No Alcohol
Service Stations
Family Apparel
Department Stores
Women's Apparel
Used Automotive Dealers
Specialty Stores
Restaurants Liquor
Electronics/Appliance Stores
Lumber/Building Materials
Shoe Stores
Heavy Industrial
Restaurants Beer And Wine
Total All Accounts
County & State Pod Allocation
Gross Receipts
National City County HdL Stale
Q1 '10* Change Change Change
$728.3 2.1% -0.4% 0.0%
203.8 14.6% 4.6% 4.9%
196.1 -6.1% -6.6% -3.3%
188.2 33.7% 23.7% 28.0%
137.5 17.4% 12.4% 13.7%
99.1 7.2% 1.3% -1.0%
79.3 5.9% 3.0% 3.7%
72.4 81.1% -2.6% 5.8%
72.0 -8.4% -3.5% -3.7%
57.2 66.3% 5.5% 5,0%
51.8 -32.8% 3.5% -6.0%
49.8 -08.2% -3.9% 1.7%
49.4 18.0% 18.8% 6.2%
46.3 7.6% -6.9% -15.2%
42.0 2.5% -0.8% -5.9%
$2,5529 0.6% 1.6% 0.8%
324.7 10.8%
$2,877.7 1.6%
in thousands
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: September 21, 2010
AGENDA ITEM NO. 1-6
ITEM TITLE:
Resolution of the City Council of the City of National City (1) Authorizing proceedings to refinance
$3,280,000 outstanding 1998 lease revenue bonds; (2) Terminating the 1998 lease agreement
between the City, the National City Joint Powers Financing Authority, and Union Bank of California;
(3) Approving the new lease agreement between the City and the National City Joint Powers
Financing Authority; (4) Approving the assignment agreement between the Authority and the Lender;
and (5) Approving the irrevocable refunding instructions given by the City to the 1998 Trustee. With
this refinance, The General Fund will realize a direct savings of $137,000 In FY 10-11
PREPARED BY: Jeanette Ladrido, C
PHONE: 336-4331
EXPLANATION:
See attached report.
DEPARTMENT:
APPROVED BY:
FINANCIAL STATEMENT: APPROVED: Finance
ACCOUNT NO. 201-411-000-470/480-0000 APPROVED: MIS
The General Fund will realize a direct savings of $137,000 in FY 2010-11 and an overall savings of 5%.
ENVIRONMENTAL REVIEW:
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
STAFF RECOMMENDATION:
Approve the attached resolution and authorize staff to execute the termination agreement, the lease
agreement, the assignment agreement and the irrevocable refunding instructions.
BOARD / COMMISSION RECOMMENDATION:
N/A�
ATTACHMENTS:
1) Resolution
2) Termination Agreement
3) Lease Agreement
4) Assignment Agreement
5) Irrevocable Refunding Instructions
EXPLANATION:
On September 7, 2010 staff presented, and the Financing Authority Board approved, a
recommendation to the Financing Authority Board to refinance outstanding bonds
issued by the National City Joint Powers Financing Authority (Authority) for the purpose
of constructing a new Policy Facility. In 1991 to finance the facility, the Authority issued
$6,950,000 in Certificates of Participation (COPs), a type of municipal debt financing, on
behalf of the Authority. The COP's were subsequently refinanced in 1998, with the total
financing amount of $6,255,000. In both financings, the primary source of repayment
was lease payments made to the Authority through the City's General Fund. The
average debt service payment for the existing debt is roughly $500,000 per year.
At the request of staff, the City's Financial Advisor solicited several proposals to ensure
the Authority was able to secure the best deal in the market. Through a competitive
process the Authority was able to identify debt savings of roughly 5% through a private
placement refunding from Bank of America. Based on proposed interest rates,
refinancing the 1998 COPs can provide upfront savings to the City of $137,000 in lease
payments due on'October 1, 2010.
FISCAL IMPACT:
Based on solicited proposals, Bank of America has offered the most competitive rate.
The interest rate on the new refunding bonds is proposed at fixed rate of 3.0%, which
will generate approximately $137,000 in savings in FY 2010-11 and overall savings of
roughly 5% of the refunded par. The savings is generated from lower interest rates.
The final maturity will remain 2017. The total "all -in" cost for professional services for
the refunding is estimated at $35,000-$41,000 with saving net of refinancing costs.
RECOMMENDATION / REQUESTED ACTION:
Because the bonds can only be refunding on interest payment dates, staff has been
working diligently with the financing team to prepare the necessary Resolutions and
Agreement documents to meet the next interest payment date of October 1, 2010.
Approval of the attached Resolution authorizing the refinancing will authorize the
execution of the following documents which are attached with this report:
• Termination Agreement among the City, the Authority and Union Bank,
as trustee for the 1998 Certificates (the "1998 Trustee"), whereby the
City, the Authority and the 1998 Trustee agree to terminate the 1998
Lease Agreement and the related Assignment Agreement.
• Lease Agreement between the City and the Authority, whereby the
Authority leases the Site and Facilities to the City in consideration of
the payment of semiannual lease payments by the City as rental for
such real property.
• Assignment to Lender whereby the City Council approves the
assignment by the Authority to the Lender of certain of its rights under
the Lease Agreement, including the right to receive and enforce
payment by the City of all lease payments due there under.
• Irrevocable Refunding Instructions given by the City to the 1998
Trustee, whereby the 1998 Trustee agrees to establish an irrevocable
escrow fund to be held and invested for the purpose of paying the
principal and interest represented by the 1998 Certificates, and to
prepay the 1998 Certificates in full on the prepayment date specified
therein.
To complete the refinancing before the October 1, 2010 interest payment date, staff is
recommending the City Council approve the attached Resolution and Agreements and
direct staff to complete the necessary actions to refinance the 1998 Lease Revenue
Bonds for a savings of $137,000 in FY 2010-11 and an overall savings of 5%.
RESOLUTION NO. 2010 —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
(1) AUTHORIZING PROCEEDINGS TO REFINANCE $3,280,000 OUTSTANDING
1998 LEASE REVENUE BONDS;
(2) TERMINATING THE 1998 LEASE AGREEMENT BETWEEN THE CITY, THE
NATIONAL CITY JOINT POWERS FINANCING AUTHORITY, AND UNION BANK OF
CALIFORNIA;
(3) APPROVING THE NEW LEASE AGREEMENT BETWEEN THE CITY AND THE
NATIONAL CITY JOINT POWERS FINANCING AUTHORITY;
(4) APPROVING THE ASSIGNMENT AGREEMENT BETWEEN THE AUTHORITY
AND THE LENDER; AND
(5) APPROVING THE IRREVOCABLE REFUNDING INSTRUCTIONS GIVEN BY
THE CITY TO THE 1998 TRUSTEE. WITH THIS REFINANCE, THE GENERAL
FUND WILL REALIZE A DIRECT SAVINGS OF $137,000 IN FY 10-11
WHEREAS, in order to finance the construction of a Police Administration
Building located at 1200 National City Boulevard in the City of National City (the "Facilities"), the
City of National City (the "City") has previously leased the real property constituting the site
thereof (the "Site") and the completed Facilities from the National City Joint Powers Financing
Authority (the "Authority") under a Lease Agreement dated as of October 28, 1998 (the "1998
Lease Agreement"); and
WHEREAS, the City's lease payments under the 1998 Lease Agreement (the
"1998 Lease Payments") are evidenced by 1998 Certificates of Participation (Police
Administration Building Project) which have been executed and delivered in the aggregate
principal amount of $6,255,000 of which $3,280,000 are currently outstanding (the "1998
Certificates"); and
WHEREAS, the City and the Authority have received a proposal from Bank of
America, N.A. (the "Lender"), to provide funds required to refinance the 1998 Lease Payments
and the 1998 Certificates; and
WHEREAS, the City Council wishes at this time to approve proceedings to
refinance the 1998 Lease Payments and the 1998 Certificates and thereby realize interest rate
savings to the City, and to approve related documents and actions.
NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF
THE CITY OF NATIONAL CITY AS FOLLOWS:
1. Approval of Refinancing Proceedings. The City Council hereby approves the
refinancing of the 1998 Certificates and the related 1998 Lease Payments. To that end, the City
Council hereby approves each of the following agreements in substantially the respective forms
on file with the City Clerk together with any changes therein or additions thereto deemed
advisable by the City Manager, and the execution thereof by the City Manager shall be
conclusive evidence of such approval:
• Termination Agreement among the City, the Authority, and Union Bank of
California as trustee for the 1998 Certificates (the "1998 Trustee"), whereby
the City, the Authority and the 1998 Trustee agree to terminate the 1998
Lease Agreement and the related Assignment Agreement.
Resolution No. 2010 —
Page 2
• Lease Agreement between the City and the Authority, whereby the Authority
leases the Site and Facilities to the City in consideration of the payment of
semiannual lease payments by the City as rental for such real property.
• Irrevocable Refunding Instructions given by the City to the 1998 Trustee,
whereby the 1998 Trustee agrees to establish an irrevocable escrow fund to
be held and invested for the purpose of paying the principal and interest
represented by the 1998 Certificates, and to prepay the 1998 Certificates in
full on the prepayment date specified therein.
The City Manager is authorized and directed for and in the name and on behalf of the
City to execute and the City Clerk is hereby authorized and directed to attest the final form of
each of the foregoing documents.
2. Approval of Assignment to Lender. The proposal from the Lender to provide
financing for the purposes set forth in this Resolution is hereby approved, and the acceptance of
such proposal by the Director of Finance is hereby ratified, confirmed and approved. The City
Council hereby approves the assignment by the Authority to the Lender of certain of its rights
under the Lease Agreement, including the right to receive and enforce payment by the City of all
lease payments due thereunder.
3. Official Actions. The Mayor, the City Manager, the Director of Finance, the City
Clerk and all other officers of the City are each authorized and directed in the name and on
behalf of the City to make any and all assignments, certificates, requisitions, agreements,
notices, consents, leases and other instruments of conveyance, warrants and other documents,
which they or any of them might deem necessary or appropriate in order to consummate any of
the transactions contemplated by the agreements and documents approved under this
Resolution. Whenever in this Resolution any officer of the City is authorized to execute or
countersign any document or take any action, such execution, countersigning or action may be
taken on behalf of such officer by any person designated by such officer to act on his or her
behalf in the case such officer is absent or unavailable.
4. Constitutionality. Severability. If any section, subsection, sentence, clause,
phrase, or word of this Resolution is for any reason held by a court of competent jurisdiction to
be unconstitutional or invalid for any reason, such decision shall not affect the validity of the
remaining portions of the resolution. The City Council of the City of National City hereby
declares that it would have passed this resolution and each section, subsection, sentence,
clause, phrase, and word thereof, irrespective of the fact that any one or more section(s),
subsection(s), sentence(s), clause(s), phrase(s), or word(s) be declared invalid.
5. Effective Date. This Resolution shall become effective immediately.
--- Signature Page to Follow ---
Resolution No. 2010 —
Page 3
PASSED and ADOPTED this 21st day of September, 2010.
Ron Morrison, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
Claudia G. Silva
City Attorney
NP Draft 09/16/10
TO BE RECORDED AND WHEN RECORDED
RETURN TO:
Nixon Peabody LLP
555 West Fifth Street, 46`" Floor
Los Angeles, California 90013
Attention: Charles C. Wolf, Esq.
THIS TRANSACTION IS EXEMPT FROM CALIFORNIA DOCUMENTARY
TRANSFER TAX PURSUANT TO SECTION 11928 OF THE CALIFORNIA
REVENUE AND TAXATION CODE. THIS DOCUMENT IS EXEMPT FROM
RECORDING FEES PURSUANT TO SECTION 27383 OF THE CALIFORNIA
GOVERNMENT CODE.
TERMINATION AGREEMENT
This TERMINATION AGREEMENT (this "Agreement"), dated as of September
1, 2010, is among the NATIONAL CITY JOINT POWERS FINANCING AUTHORITY,
a joint powers agency duly organized and existing under a Joint Powers Agreement,
dated as of April 16, 1991 by and between the City of National City and the Community
Development Commission of the City of National City, the laws of the State of
California (the "Authority"), the CITY OF NATIONAL CITY, a general law city and
municipal corporation duly organized and existing under the Constitution and laws of the
State of California (the "City"), as lessee, and Union Bank, N.A., as trustee for the
within -mentioned 1998 Certificates (the "1998 Trustee").
BACKGROUND:
1. In order to finance the construction of a police administration building
located generally at 1200 National City Boulevard in the City of National City (the
"Facilities"), the City has previously leased the real property constituting the site thereof,
as such real property is described more fully in Appendix A attached hereto and by this
reference incorporated herein (the "Site"), from the Authority under a Lease Agreement
dated as of October 1, 1998, a Memorandum of Lease for which was recorded in the
Office of the San Diego County Recorder on October, 26 1998, as Document No. 1998-
0690922 (the "1998 Lease Agreement").
13137461.2
A-1
2. Interests in the City's lease payments under the 1998 Lease Agreement (the
"1998 Lease Payments") are evidenced by 1998 Certificates of Participation (Police
Administration Building Project) which have been executed and delivered in the
aggregate principal amount of $6,255,000 of which $3,280,000 is currently outstanding
(the "1998 Certificates"), the proceeds of which were applied to refinance the
construction of the Facilities.
3. The City has caused to be deposited with the 1998 Trustee, under
Irrevocable Refunding Instructions dated as of the date hereof (the "Refunding
Instructions"), an amount of funds which is sufficient to redeem the 1998 Certificates and
prepay the 1998 Lease Payments in full, without regard to investment earnings thereon.
4. The deposit made with the 1998 Trustee under the Refunding Instructions
constitutes a security deposit for the payment of the 1998 Lease Payments in accordance
with the provisions of Section 4.9 of the 1998 Lease.
5. As a result of the deposit and investment of funds under the Refunding
Instructions, the 1998 Lease have terminated and title to the real property which is
subject to the 1998 Lease has vested in the Authority.
6. The City has requested the Authority and the 1998 Trustee to enter into this
Agreement for the purpose of terminating of record the 1998 Lease and the related
Assignment Agreement.
AGREEMENT:
In consideration of the foregoing and the material covenants hereinafter
contained, the City and the Authority formally covenant, agree and bind themselves as
follows:
SECTION 1. Termination of 1998 Lease. The Authority and the City hereby
terminate the 1998 Lease. From and after the date of recordation of this Agreement, the
1998 Lease shall be of no force and effect.
SECTION 2. Termination of 1998 Assignment. The Authority and the 1998
Trustee hereby terminate the Assignment Agreement dated as of October 1, 1998,
between the Authority as assignor and the 1998 Trustee, a Memorandum of Assignment
for which was recorded on October 26, 1998, as Instrutnent Number 1998-0690923 in the
Office of the San Diego County Recorder. From and after the date of recordation of this
Agreement, said Assignment Agreement shall be of no force and effect.
SECTION 3. Execution of Counterparts. This Agreement may be executed in
any number of counterparts, each of which shall for all purposes he deemed to be an
original and all of which shall together constitute but one and the same instrument.
13137461.2 2
SECTION 4. Applicable Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of California.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by their respective officers thereunto duly authorized, all as of the date first
above written.
NATIONAL CITY JOINT POWERS
FINANCING AUTHORITY
By
Ron Morrison
President
Approved as to Form:
By
General Counsel
Attest:
Secretary
CITY OF NATIONAL CITY,
CALIFORNIA
By
Ron Morrison
Mayor
Approved as to Form:
By
City Attorney
Attest:
By
City Clerk
13137461.2 3
APPENDIX A
DESCRIPTION OF THE LEASED PROPERTY
The Leased Property consists of the following described land located in the City
of National City, County of San Diego, State of California, together with all buildings,
facilities and other improvements which constitute real property and which are located
thereon:
[LEGAL DESCRIPTION OF PROPERTY]
131374612
A-1
Merif 3
NP Draft 09/16/10
TO BE RECORDED AND WHEN RECORDED
RETURN TO:
Nixon Peabody LLP
555 West Fifth Street 46th Floor
Los Angeles, California 90013
Attention: Charles C. Wolf, Esq.
THIS TRANSACTION IS EXEMPT FROM CALIFORNIA DOCUMENTARY
TRANSFER TAX UNDER SECTION 11922 OF THE CALIFORNIA REVENUE AND
TAXATION CODE. THIS DOCUMENT IS EXEMPT FROM RECORDING FEES
UNDER SECTION 27383 OF THE CALIFORNIA GOVERNMENT CODE.
LEASE AGREEMENT
This LEASE AGREEMENT (this "Lease"), dated as of September 1, 2010, is
between the NATIONAL CITY JOINT POWERS FINANCING AUTHORPTY, a joint
powers authority duly organized and existing under the Joint Powers Agreement, dated as
of April 16, 1991 by and between the City of National City and the Community
Development Commission of the City of National City, and the laws of the State of
California (the "Authority"), as lessor, and the City of NATIONAL CITY, a city and
municipal corporation duly organized and existing under the Constitution and laws of the
State of California (the "City"), as lessee.
BACKGROUND:
1. In order to refinance the construction of a police administration building
located generally at 1200 National City Boulevard in the City of National City (the
"Facilities"), the Authority has previously leased the real property constituting the site
thereof, as such real property is described more fully in Appendix A attached hereto and
by this reference incorporated herein (the "Site") and the completed Facilities
(collectively with the Site, the "Leased Property"), to the City under the Amended and
Restated Lease Agreement dated as of October 1, 1998, a Memorandum of Lease for
which was recorded in the Office of the San Diego County Recorder on October 26,
1998, as Document No. 1998-0690922 (the "1998 Lease Agreement").
131371503
2. interests in the City's lease payments under the 1998 Lease Agreement (the
"1998 Lease Payments") are evidenced by 1998 Certificates of Participation (Police
Administration Building Project) which were executed and delivered in the aggregate
principal amount of $6,255,000 of which $3,280,000 is currently outstanding (the "1998
Certificates"), the proceeds of which were applied to refinance the construction of the
Facilities.
3. The City has determined to refinance the 1998 Lease Payments and prepay
the 1998 Certificates, and in order to raise funds for that purpose the City and the
Authority have terminated the 1998 Lease Agreement and have entered into this Lease, in
consideration of the deposit of funds in an amount required to prepay the 1998
Certificates and the 1998 Lease Payments in full.
4. In order to raise the funds needed for that purpose, the Authority has
assigned certain of its rights under this Lease, including the right receive and enforce
payment of the lease payments that are payable by the City hereunder, to Bank of
America, N.A., under an Assignment Agreement dated as of September 1, 2010, which
has been recorded concurrently herewith (the "Assignment Agreement").
5. The City is authorized to enter into a lease arrangement with the Authority
under its municipal affairs powers as a general law city.
AGREEMENT:
In consideration of the foregoing and the material covenants hereinafter
contained, the City and the Authority formally covenant, agree and bind themselves as
follows:
ARTICLE I
DEFINITIONS; RULES OF INTERPRETATION
SECTION 1.1. Definitions. All terms defined in this Section 1.1 have the
meanings herein specified for all purposes of this Lease.
"Applicable Environmental Laws" means and shall include, but shall not be
limited to, the Comprehensive Environmental Response, Compensation, and Liability Act
("CERCLA"), 42 USC Sections 9601 et seq,; the Resource Conservation and Recovery
Act ("RCRA"), 42 USC Sections 6901 et seq,; the California Hazardous Waste Control
Law ("HWCL"), California Health & Safety Code Sections 25100 et seq,; the Hazardous
Substance Account Act ("HSAA"), California Health & Safety Code sections 25300 et
seq,; the Porter -Cologne Water Quality Control Act (the "Porter -Cologne Act"),
California Water Code Sections 1300 et seq,; the Air Resources Act, California Health &
Safety Code Sections 3900 et seq,; the Safe Drinking Water & Toxic Enforcement Act,
13137150.3
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California Health & Safety Code Sections 25249.5 et seq,; and the regulations under each
thereof; and any other local, state, and/or federal laws or regulations, whether currently in
existence or hereafter enacted, that govern:
(a) the existence, cleanup, and/or remedy of contamination on property;
(b) the protection of the environment from spilled, deposited, or
otherwise emplaced contamination;
(c) the control of hazardous wastes; or
(d) the use, generation, transport, treatment, removal, or recovery of
Hazardous Substances, including building materials.
"Assignee" means Bank of America, N.A., as assignee of certain rights of the
Authority hereunder, its successors and assigns.
"Assignment Agreement" means the Assignment Agreement dated as of
September 1, 2010, between the Authority as assignor and the Assignee as assignee, as
originally executed or as thereafter amended under any duly authorized and executed
amendments thereto.
"Authority" means National City Joint Powers Financing Authority, a joint
powers agency duly organized and existing under the Joint Powers Agreement, dated as
of April16, 1991 by and between the City and the Community Development
Commission of the City of National City, and the laws of the State of California.
"Bond Counsel" means any attorney or firm of attorneys of nationally recognized
expertise with respect to legal matters relating to obligations the interest on which is
excludable from gross income under Section 103 of the Tax Code.
"Business Day" means a day other than a Saturday, Sunday or legal holiday, on
which banking institutions are not closed in the State of California.
"City" means the City of National City, a general law city and municipal
corporation organized and existing under the Constitution and laws of the State of
California.
"Closing Date" means the date of execution and delivery of this Lease by the
parties hereto, being September 28, 2010.
"Event of Default" means any of the events of default as defined in Section 8.1.
"Facilities" means all buildings and other improvements at any time situated on
the Site.
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"Federal Securities" means any direct general non -callable obligations of the
United States of America (including obligations issued or held in book entry form on the
books of the Department of the Treasury of the United States of America), or obligations
the timely payment of principal of and interest on which are directly guaranteed by the
United States of America.
"Fiscal Year" means each twelve-month period during the Term of this Lease
commencing on July 1 in any calendar year and ending on June 30 in the next succeeding
calendar year, or any other twelve-month period selected by the City as its fiscal year
period.
"Hazardous Substance" any substance that shall, at any time, be listed as
"hazardous" or "toxic" in any Applicable Environmental Law or that has been or shall be
determined at any time by any agency or court to be a hazardous or toxic substance
regulated under Applicable Environmental Laws; and also means, without limitation, raw
materials, building components, the products of any manufacturing, or other activities on
the facilities, wastes, petroleum, and source, special nuclear, or by-product material as
defined by the Atomic Energy Act of 1954, as amended (42 USC Sections 3011 et seq.).
"Lease" means this Lease Agreement dated as of September 1, 2010, between the
Authority and the City, as originally executed or as thereafter amended under any duly
authorized and executed amendments hereto.
"Lease Payment" means all payments required to be paid by the City under
Section 4.5, including any prepayment thereof under Sections 9.2 or 9.3.
"Lease Payment Date" means April 1 and October 1 in each year, commencing
April 1, 2011, and continuing to and including the date on which the Lcasc Payments are
paid in full.
"Leased Property" means, collectively, the Site and the Facilities.
"Net Proceeds" means amounts derived from any policy of casualty insurance or
title insurance with respect to the Leased Property, or the proceeds of any taking of the
Leased Property or any portion thereof in eminent domain proceedings (including sale
under threat of such proceedings), to the extent remaining after payment therefrom of all
expenses incurred in the collection and administration thereof.
"1998 Certificates" means the 1998 Certificates of Participation (Police
Administration Building Project) executed and delivered in the aggregate principal
amount of $6,255,000, of which $3,280,000 is currently' outstanding, under the Trust
Agreement dated as of October 1, 1998, among the City, the Authority and the 1998
Trustee.
"1998 Lcasc Agreement" means the Amended and Restated Lease Agreement
dated as of October 1, 1998, between the Authority as lessor and the City as lessee.
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"1998 Lease Payments" means the lease payments which are payable by the City
under Section 4.4 of the 1998 Lease Agreement, including prepayments thereof under
Section 4.8 of the 1998 Lease Agreement.
"1998 Trustee" means Union Bank, N.A., as trustee for the 1998 Certificates.
"Permitted Encumbrances" means, as of any time: (a) liens for general ad valorem
taxes and assessments, if any, not then delinquent, or which the City may permit to
remain unpaid under Article VI of this Lease; (b) this Lease and the Assignment
Agreement; (c) any right or claim of any mechanic, laborer, materialman, supplier or
vendor not filed or perfected in the manner prescribed by law; (d) the exceptions
disclosed in the title insurance policy issued by Stewart Title Company with respect to
the Leased Property issued as of the Closing Date; and (e) any easements, rights of way,
mineral rights, drilling rights and other rights, reservations, covenants, conditions or
restrictions which exist of record and which the City certifies in writing will not
materially impair the use of the Leased Property for its intended purposes.
"Refunding Instructions" means the Irrevocable Refunding Instructions dated as
of the Closing Date, given by the City to the 1998 Trustee, relating to the payment and
prepayment of the 1998 Certificates and 1998 Lease Payments.
"Rental Period" means each period during the Term of the Lease commencing on
and including October 2 in each year and extending to and including the next succeeding
October 1. The first Rental Period begins on the Closing Date and ends on October 1,
2011.
"Site" means the real property which is more particularly described in Appendix
A. From and after the date of any substitution of property under Section 4.7 or release of
property under Section 4.8, the term "Site" means the real property which remains
subject to this Lease following such substitution or release.
"Tax Code" means the Internal Revenue Code of 1986 as in effect on the Closing
Date or (except as otherwise referenced herein) as it may be amended to apply to
obligations issued on the Closing Date, together with applicable proposed, temporary and
final regulations promulgated, and applicable official public guidance published, under
the Tax Code.
"Tenn of this Lease" or "Term" means the time during which this Lease is in
effect, as provided in Section 4.3.
SECTION 1.2. Interpretation.
(a) Unless the context otherwise indicates, words expressed in the singular
include the plural and vice versa and the use of the neuter, masculine, or feminine gender
111371503
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is for convenience only and include the neuter, masculine or feminine gender, as
appropriate.
(b) Headings of articles and sections herein and the table of contents hereof are
solely for convenience of reference, do not constitute a part hereof and do not affect the
meaning, construction or effect hereof.
(c) All references herein to "Articles," "Sections" and other subdivisions are to
the corresponding Articles, Sections or subdivisions of this Lease; the words "herein,"
"hereof," "hereby," "hereunder" and other words of similar import refer to this Lease as a
whole and not to any particular Article, Section or subdivision hereof.
ARTICLE II
COVENANTS, REPRESENTATIONS AND
WARRANTIES
SECTION 2.1. Covenants, Representations and Warranties of the City. The City
makes the following covenants, representations and warranties to the Authority as of the
date of the execution and delivery of this Lease:
(a) Due Organization and Existence. The City is a general law city and
municipal corporation duly organized and validly existing under the
Constitution and laws of the State of California, has full legal right,
power and authority under the laws of the State of California to
enter into this Lease and to carry out and consummate all
transactions contemplated hereby, and by proper action the City has
duly authorized the execution and delivery of this Lease.
(b) Due Execution. The representatives of the City executing this Lease
have been fully authorized to execute the same under a resolution
duly adopted by the City Council of the City.
(c) Valid, Binding and Enlbrceable Obligations. This Lease has been
duly authorized, executed and delivered by the City and constitutes
the legal, valid and binding agreement of the City enforceable
against the City in accordance with its terms.
(d) No Conflicts. The execution and delivery of this Lease, the
consummation of the transactions herein contemplated and the
fulfillment of or compliance with the terms and conditions hereof,
do not and will not conflict with or constitute a violation or breach
of or default (with due notice or the passage of time or both) under
any applicable law or administrative rule or regulation, or any
applicable court or administrative decree or order, or any indenture,
mortgage, deed of trust, lease, contract or other agreement or
13137150.3
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instrument to which the City is a party or by which it or its
properties are otherwise subject or bound, or result in the creation or
imposition of any prohibited lien, charge or encumbrance of any
nature whatsoever upon any of the property or assets of the City,
which conflict, violation, breach, default, lien, charge or
encumbrance would have consequences that would materially and
adversely affect the consummation of the transactions contemplated
by this Lease or the financial condition, assets, properties or
operations of the City.
(e) Consents and Approvals. No consent or approval of any trustee or
holder of any indebtedness of the City or of the voters of the City,
and no consent, permission, authorization, order or license of, or
filing or registration with, any governmental authority is necessary
in connection with the execution and delivery of this Lease, or the
consummation of any transaction herein contemplated, except as
have been obtained or made and as are in full force and effect.
(f) No Litigation. There is no action, suit, proceeding, inquiry or
investigation before or by any court or federal, state. municipal or
other governmental authority pending or, to the knowledge of the
City after reasonable investigation, threatened against or affecting
the City or the assets, properties or operations of the City which, if
determined adversely to the City or its interests, would have a
material and adverse effect upon the consummation of the
transactions contemplated by or the validity of this Lease or upon
the financial condition, assets, properties or operations of the City,
and the City is not in default with respect to any order or decree of
any court or any order, regulation or demand of any federal, state,
municipal or other governmental authority, which default might
have consequences that would materially and adversely affect the
consummation of the transactions contemplated by this Lease, or the
financial condition, assets, properties or operations of the City.
(g)
Essential Purpose. The Leased Property and the financing pursuant
to this Lease and the Assignment Agreement are essential to the
City's efficient and economic operation, and are in the best interests
of the City.
(h) Budget. The obligations of the City under this Lease, including
without limitation the obligation to make Lease Payments, are
obligations payable from the City's general fund budget.
(i)
Available Funds. The City has funds available for the payment of
Lease Payments due during the current Fiscal Year and reasonably
believes that sufficient funds can be obtained to make all Lease
13137150.3
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Payments and payments of other amounts required to be paid
hereunder.
SECTION 2.2. Covenants, Representations and Warranties of the Authority. The
Authority makes the following covenants, representations and warranties to the City as of
the date of the execution and delivery of this Lease:
(a) Due Organization and Existence. The Authority is a joint powers
agency duly organized and existing under the laws of the State of
California, has full legal right, power and authority to enter into this
Lease and the Assignment Agreement and to carry out and
consummate all transactions contemplated hereby and thereby, and
by proper action the Authority has duly authorized the execution and
delivery of this Lease and the Assignment Agreement.
(b) Due Execution. The representatives of the Authority executing this
Lease and the Assignment Agreement are fully authorized to
execute the same under official action taken by the Board of
Directors of the Authority.
(c) Valid, Binding and Enforceable Obligations. This Lease and the
Assignment Agreement have been duly authorized, executed and
delivered by the Authority and constitute the legal, valid and binding
agreements of the Authority, enforceable against the Authority in
accordance with their respective terms.
(d) No Conflicts. The execution and delivery of this Lease and the
Assignment Agreement, the consummation of the transactions
herein and therein contemplated and the fulfillment of or compliance
with the terms and conditions hereof and thereof, do not and will not
conflict with or constitute a violation or breach of or default (with
due notice or the passage of time or both) under any applicable law
or administrative rule or regulation, or any applicable court or
administrative decree or order, or any indenture, mortgage, deed of
trust, lease, contract or other agreement or instrument to which the
Authority is a party or by which it or its properties are otherwise
subject or bound, or result in the creation or imposition of any
prohibited lien. charge or encumbrance of any nature whatsoever
upon any of the property or assets of the Authority, which conflict,
violation, breach, default, lien, charge or encumbrance would have
consequences that would materially and adversely affect the
consummation of the transactions contemplated by this Lease and
the Assignment Agreement or the financial condition, assets,
properties or operations of the Authority.
13137150.3
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(e)
Consents and Approvals. No consent or approval of any trustee or
holder of any indebtedness of the Authority, and no consent,
permission, authorization, order or license of, or tiling or
registration with, any governmental authority is necessary in
connection with the execution and delivery of this Lease or the
Assignment Agreement, or the consummation of any transaction
herein or therein contemplated, except as have been obtained or
made and as are in full force and effect.
(f) No Litigation. There is no action, suit, proceeding, inquiry or
investigation before or by any court or federal, state, municipal or
other governmental authority pending or, to the knowledge of the
Authority after reasonable investigation, threatened against or
affecting the Authority or the assets, properties or operations of the
Authority which, if determined adversely to the Authority or its
interests. would have a material and adverse effect upon the
consummation of the transactions contemplated by or the validity of
this Lease or the Assignment Agreement, or upon the financial
condition, assets, properties or operations of the Authority, and the
Authority is not in default with respect to any order or decree of any
court or any order, regulation or demand of any federal, state,
municipal or other governmental authority, which default might
have consequences that would materially and adversely affect the
consummation of the transactions contemplated by this Lease or the
Assignment Agreement or the financial condition, assets, properties
or operations of the Authority.
ARTICLE III
DEPOSIT AND APPLICATION OF FUNDS
SECTION 3.1. Deposit of and Application of Funds. On the Closing Date, the
Authority shall cause the amount of $[ ] to be deposited with the 1998
Trustee to be held and administered under the Refunding Instructions (together with other
available funds) for the purpose of paying and prepaying the 1998 Certificates and the
1998 Lease Payments. Such amount shall be derived from amounts paid by the Assignee
under the Assignment Agreement. In addition, a portion of the amounts paid by the
Assignee under the Assignment Agreement shall be paid by the Assignee to Union Bank,
N.A., as custodian, for the purpose of paying financing costs of the transaction in the
amount of $[ ], in accordance with the Assignment Agreement.
SECTION 3.2. Refunding of 1998 Obligations. The City shall cause the amount
deposited with the 1998 Trustee under Section 3.1, together with other amounts held by
the 1998 Trustee with respect to the 1998 Certificates, to be applied to pay and prepay the
1998 Certificates and the 1998 Lease Payments in accordance with the Refunding
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Instructions. As a result of such payment and prepayment of the 1998 Certificates and
the 1998 Lease Payments, the City covenants that the 1998 Certificates and the 1998
Lease Agreement have been discharged on the Closing Date.
SECTION 3.3. Termination of 1998 Lease Agreement. As a result of the
payment and prepayment of the 1998 Certificates and the 1998 Lease Payments, the 1998
Lease Agreement has been discharged and terminated in accordance with its terms. On
the Closing Date, the City and the Authority shall enter into an agreement which
terminates the 1998 Lease Agreement, and shall cause an executed copy of said
agreement to be recorded in the office of the San Diego County Recorder.
ARTICLE IV
LEASE OF LEASED PROPERTY; LEASE
PAYMENTS
SECTION 4.1. Lease of Leased Property by Authority to City . The Authority
hereby covenants that it has fee simple merchantable title to the Leased Property, free and
clear of all recorded liens, encumbrances, easements, public rights -of -way, assessments,
leases, taxes and any or all other interests, excepting only Permitted Encumbrances. For
and in consideration of the application by the Authority of funds in accordance with
Section 3.1, the Authority leases the Leased Property to the City pursuant to this Lease
upon the terms and provisions hereof.
SECTION 4.2. [Reserved].
SECTION 4.3. Term. The Term of this Lease commences on the Closing Date
and ends on the date on which all of the Lease Payments have been paid in full.
SECTION 4.4. Lease Payments.
(a) Obligation to Pay. Subject to the provisions of Section 6.3 and the
provisions of Article IX, the City agrees to pay to the Authority, its successors and
assigns, the Lease Payments (denominated into components of principal and interest) in
the respective amounts specified in Appendix B attached hereto (including any
supplements thereto) and by this reference incorporated herein, to be due and payable in
immediately available funds on each of the respective Lease Payment Dates specified in
Appendix B. The Lease Payments payable in any Rental Period with respect to the
Leased Property shall be for the use of the Leased Property during such Rental Period.
The interest components of the Lease Payments have been calculated based on an interest
rate of 3.65% per annum, on the basis of a 360-day year of twelve 30-day months.
(b) Effect of Prepayment. If the City prepays all Lease Payments in full under
Sections 9.2 or 9.3, the City's obligations under this Section will thereupon cease and
terminate. If the City prepays the Lease Payments in part but not in whole under Section
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9.3, the principal components of the remaining Lease Payments will be reduced in
inverse order of maturity; and the interest component of each remaining Lease Payment
will be reduced on a pro rata basis.
(c) Rate on Overdue Payments. If the City fails to make any of the payments
required in this Section 4.4, the payment in default will continue as an obligation of the
City until the amount in default has been fully paid, and the City agrees to pay the same
with interest thereon, from the date of default to the date of payment at the rate of 8% per
annum.
(d) Fair Rental Value. The Lease Payments coming due and payable during
each Rental Period constitute the total rental for the Leased Property for such Rental
Period, and will be paid by the City in each Rental Period for and in consideration of the
right of the use and occupancy of, and the continued quiet use and enjoyment of the
Leased Property during each Rental Period. The parties hereto have agreed and
determined that the total Lease Payments represent the fair rental value of the Leased
Property. In making this determination, consideration has been given to the estimated
fair market value of the Leased Property, the costs of financing the deposit required to be
made under Section 3.1, other obligations of the City and the Authority under this Lease,
the uses and purposes which may be served by the Leased Property and the benefits
therefrom which will accrue to the City and the general public.
(e) Source of Payments; Budget and Appropriation. The Lease Payments are
payable from any source of legally available funds of the City, subject to the provisions
of Sections 6.3 and 9.1. The City covenants to take such action as may be necessary to
include all Lease Payments in each of its annual budgets during the Term of this Lease
and to make the necessary annual appropriations for all such Lease Payments. The
covenants on the part of the City herein contained constitute duties imposed by law and it
is the duty of each and every public official of the City to take such action and do such
things as are required by law in the performance of the official duty of such officials to
enable the City to carry out and perform the covenants and agreements in this Lease
agreed to be carried out and performed by the City.
(1) Assignment. The City understands and agrees that all Lease Payments have
been assigned by the Authority to the Assignee under the Assignment Agreement, and the
City hereby assents to such assignment. The Authority hereby directs the City, and the
City hereby agrees, to pay to the Assignee all payments payable by the City under this
Section 4.4 and all amounts payable by the City under Article IX.
SECTION 4.5. Quiet Enjoyment. Throughout the Term of this Lease, the
Authority will provide the City with quiet use and enjoyment of the Leased Property and
the City will peaceably and quietly have and hold and enjoy the Leased Property, without
suit, trouble or hindrance from the Authority, except as expressly set forth in this Lease.
The Authority will, at the request of the City and at the City's cost, join in any legal
action in which the City asserts its right to such possession and enjoyment to the extent
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the Authority may lawfully do so. Notwithstanding the foregoing, the Authority has the
right to inspect the Leased Property as provided in Section 7.2.
SECTION 4.6. Title. At all times during the Term of this Lease, the Authority
shall hold title to the Leased Property, including all additions which comprise fixtures,
repairs, replacements or modifications thereto, subject to Permitted Encumbrances and
subject to the provisions of Section 7.2.
Upon the termination of this Lease (other than under Section 8.2(1)) hereof), all
right, title and interest of the Authority in and to the Leased Property shall be transferred
to and vested in the City. Upon the payment in full of all Lease Payments allocable to the
Leased Property, or upon the deposit by the City of security for such Lease Payments as
provided in Section 9.1, all right, title and interest of the Authority in and to the Leased
Property shall be transferred to and vested in the City. The Authority agrees to take any
and all steps and execute and record any and all documents reasonably required by the
City to consummate any such transfer of title.
SECTION 4.7. Substitution of Property. With the prior written consent of the
Assignee, the City may substitute other land, facilities, improvements, equipment or other
property (the "Substitute Property") for the Leased Property or any portion thereof (the
"Former Property"), provided that the City has satisfied all of the following requirements
which are hereby declared to be conditions precedent to such substitution:
(a) No Event of Default has occurred and is continuing.
(b) The City has filed with the Authority and the Assignee, and caused
to be recorded in the Office of the San Diego County Recorder
sufficient memorialization of, an amended Appendix A to this Lease
which adds thereto a description of such Substitute Property and
deletes therefrom the description of such Former Property.
(c)
The City has obtained a CLTA policy of title insurance insuring the
City's leasehold estate hereunder in the Substitute Property, in an
amount at least equal to the aggregate unpaid principal components
of the Lease Payments and naming the Assignee as an additional
insured.
(d) The City has certified in writing to the Authority and the Assignee
that such Substitute Property serves the municipal purposes of the
City and constitutes property which the City is permitted to lease
under the laws of the State of California.
(e) The Substitute Property does not cause the City to violate any of its
covenants, representations and warranties made herein.
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(f) The City has certified in writing to the Authority and the Assignee
that the estimated value and the estimated fair rental value of the
Substitute Property are at least equal to the estimated value and the
estimated fair rental value. respectively, of the Former Property, and
that the useful life of the Substitute Property extends to October 1,
2017.
(g)
The City has delivered to the Authority and the Assignee an Opinion
of Bond Counsel to the effect that such substitution of Leased
Property will not, in an of itself, cause the interest portion of Lease
Payments to be included in income for federal income tax purposes.
If at any time the Facilities are damaged or destroyed by earthquake or other
uninsured casualty for which rental interruption insurance is not available, or if the use by
the City of the Leased Property is unavailable due to Applicable Environmental Laws or
the presence of a Hazardous Substance and rental interruption insurance is not available,
the City shall substitute property for the Facilities under this Section 4.7; provided,
however, that nothing in this paragraph shall supercede the provisions of Article VI.
Upon the satisfaction of all conditions precedent to any substitution under this
Section 4.7, the Term of this Lease will thereupon end as to the Former Property and
commence as to the Substitute Property. The Authority and the City shall execute,
deliver and cause to be recorded all documents required to discharge this Lease and the
Assignment Agreement of record against the Former Property.
SECTION 4.8. Release of Property. With the prior written consent of the
Assignee, the City may release any portion of the Leased Property from this Lease (the
"Released Property") provided that the City has satisfied all of the following
requirements which are hereby declared to be conditions precedent to such release:
(a) No Event of Default has occurred and is continuing.
(b) The City has filed with the Authority and the Assignee, and caused
to be recorded in the Office of the San Diego County Recorder
sufficient memorialization of, an amendment hereof which removes
the Released Property from this Lease.
(c) The City has certified in writing to the Authority and the Assignee
that the value of the property which remains subject to this Lease
following such release is at least equal to the aggregate unpaid
principal components of the Lease Payments, and the fair rental
value of the property which remains subject to this Lease following
such release is at least equal to the Lease Payments thereafter
coming due and payable hereunder.
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(d) The City has delivered to the Authority and the Assignee an Opinion
of Bond Counsel to the effect that such release of Leased Property
will not, in an of itself, cause the interest portion of Lease Payments
to be included in income for federal income tax purposes.
Upon the satisfaction of all such conditions precedent, the Term of this Lease will
thereupon end as to the Released Property. The City is not entitled to any reduction,
diminution, extension or other modification of the Lease Payments whatsoever as a result
of such release. The Authority and the City shall execute, deliver and cause to be
recorded all documents required to discharge this Lease and the Assignment Agreement
of record against the Released Property.
ARTICLE V
MAINTENANCE; TAXES; INSURANCE; AND
OTHER MATTERS
SECTION 5.1. Maintenance, Utilities, Taxes and Assessments. Throughout the
Term of this Lease, as part of the consideration for the rental of the Leased Property, all
improvement, repair and maintenance of the Leased Property are the sole responsibility
of the City, and the City will pay for or otherwise arrange for the payment of all utility
services supplied to the Leased Property, which may include, without limitation, janitor
service, security, power, gas, telephone, light, heating, water and all other utility services,
and shall pay for or otherwise arrange for the payment of the cost of the repair and
replacement of the Leased Property resulting from ordinary wear and tear or want of care
on the part of the City or any assignee or sublessee thereof. In exchange for the Lease
Payments herein provided, the Authority agrees to provide only the Leased Property, as
hereinbefore more specifically set forth. The City waives the benefits of subsections 1
and 2 of Section 1932, Section 1933(4) and Sections 1941 and 1942 of the California
Civil Code, but such waiver does not limit any of the rights of the City under the terms of
this Lease.
The City will pay or cause to be paid all taxes and assessments of any type or
nature, if any, charged to the Authority or the City affecting the Leased Property or the
respective interests or estates therein; provided that with respect to special assessments or
other governmental charges that may lawfully be paid in installments over a period of
years, the City is obligated to pay only such installments as are required to be paid during
the Term of this Lease as and when the same become due.
The City may, at the City's expense and in its name, in good faith contest any
such taxes, assessments, utility and other charges and, in the event of any such contest,
may permit the taxes, assessments or other charges so contested to remain unpaid during
the period of such contest and any appeal therefrom unless the Authority shall notify the
City that, in its reasonable opinion, by nonpayment of any such items the interest of the
Authority in the Leased Property will be materially endangered or the Leased Property or
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any part thereof will be subject to loss or forfeiture, in which event the City will promptly
pay such taxes, assessments or charges or provide the Authority with full security against
any loss which may result from nonpayment, in form satisfactory to the Authority.
SECTION 5.2. Modification of Leased Property. The City has the right, at its
own expense, to make additions, modifications and improvements to the Leased Property
or any portion thereof. All additions, modifications and improvements to the Leased
Property will thereafter comprise part of the Leased Property and become subject to the
provisions of this Lease. Such additions, modifications and improvements may not in
any way damage the Leased Property, or cause the Leased Property to be used for
purposes other than those authorized under the provisions of state and federal law; and
the Leased Property, upon completion of any additions, modifications and improvements
made thereto under this Section, must be of a value which is not substantially less than
the value thereof immediately prior to the making of such additions, modifications and
improvements.
SECTION 5.3. Public Liability Insurance. The City shall maintain or cause to be
maintained throughout the Term of this Lease a standard comprehensive general
insurance policy or policies in protection of the City, the Authority and their respective
members, officers, agents, employees and assigns. Said policy or policies shall provide
for indemnification of said parties against direct or contingent loss or liability for
damages for bodily and personal injury, death or property damage occasioned by reason
of the operation of the Leased Property. Such policy or policies must provide coverage
of at least $1,000,000 and may be subject to such deductibles as the City deems adequate
and prudent. Such insurance may be maintained as part of or in conjunction with any
other insurance coverage carried by the City, and may be maintained in whole or in part
in the form of the participation by the City in a joint powers authority or other program
providing pooled insurance. The City will apply the proceeds of such liability insurance
toward extinguishment or satisfaction of the liability with respect to which such proceeds
have been paid.
SECTION 5.4. Casualty Insurance; Flood Coverage.
(a) Requirement to Maintain Casualty Insurance. The City will procure and
maintain, or cause to be procured and maintained, throughout the Term of this Lease,
casualty insurance against loss or damage to the Facilities by fire and lightning, with
extended coverage insurance, vandalism and malicious mischief insurance and sprinkler
system leakage insurance. Said extended coverage insurance shall, as nearly as
practicable, cover loss or damage by explosion, windstorm, riot, aircraft, vehicle damage,
smoke and such other hazards as are normally covered by such insurance. Such
insurance shall be in an amount at least equal to the lesser of (i) the replacement value of
the insured Facilities, or (ii) the aggregate unpaid principal components of the Lease
Payments, and may be subject to such deductibles as the City deems adequate and
prudent. Such insurance may be maintained as part of or in conjunction with any other
insurance coverage carried by the City, and may be maintained in whole or in part in the
form of the participation by the City in a joint powers authority or other program
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providing pooled insurance. The City will apply the Net Proceeds of such insurance as
provided in Article VI.
(b) Flood Insurance. So long as the Leased Property is located in a 100-ycar
flood area as shown on a Flood Insurance Rate Map published by the Federal Emergency
Management Agency, the policy or policies of casualty insurance provided under this
Section 5.4 shall include insurance against loss or damage to the Facilities due to
flooding. If the City obtains an exception or waiver to the designation of the Facilities as
being within a 100-ycar flood area from the Federal Emergency Management Agency,
the City shall not be required to provide flood insurance as set forth in this subsection (b).
(c) Federal or State Disaster Aid. Should the Facilities be damaged or
destroyed as a result of an event for which federal or State of California disaster aid is
available, the Authority and/or the City shall promptly apply for disaster aid. Any
disaster aid proceeds received shall be used to repair, reconstruct, restore or replace the
damaged or destroyed portions of the Facilities, or, at the option of the City and the
Authority, to prepay the Lease Payments if permitted under the disaster aid program.
(d) Self -Insurance. As an alternative to providing the insurance required by this
Section, the City may provide a self-insurance method or plan of protection if and to the
extent such self-insurance method or plan of protection affords reasonable coverage for
the risks required to be insured against, in light of all circumstances, giving consideration
to cost, availability and similar plans or methods of protection adopted by public entities
in the State of California other than the City. Before such other method or plan may be
provided by the City, and annually thereafter so long as such method or plan is being
provided to satisfy the requirements of this Lease, there shall be filed with the Authority a
certificate of an actuary, insurance consultant or other qualified person (who may be an
employee of the City), stating that, in the opinion of the signer, the substitute method or
plan of protection is in accordance with the requirements of this Section and, when
effective, would afford reasonable coverage for the risks required to be insured against.
There shall also be filed a certificate of the City setting forth the details of such substitute
method or plan. In the event of loss covered by any such self-insurance method, the
liability of the City hereunder shall be limited to the amounts in the self-insurance reserve
fund or funds created under such method.
SECTION 5.5. Rental Interruption Insurance. The City will procure and
maintain, or cause to be procured and maintained, throughout the Term of this Lease,
rental interruption or use and occupancy insurance to cover loss, total or partial, of the
use of the Leased Property and the improvements situatcd thereon as a result of any of the
hazards covered in the insurance required by Section 5.4, in an amount at least equal to
the maximum Lease Payments corning due and payable during any future 24-month
period. Such insurance may be maintained as part of or in conjunction with any other
insurance coverage carried by the City, and may be maintained in whole or in part in the
form of the participation by the City in a joint powers authority or other program
providing pooled insurance. Such rental interruption or use and occupancy insurance
shall not be self insured and the City acknowledges that this requirement may limit their
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ability to self -insure under Section 5.4. The City will apply the Net Proceeds of such
insurance towards the payment of the Lease Payments allocable to the insured
improvements as the same become due and payable.
SECTION 5.6. Worker's Compensation Insurance. If required by applicable
California law, the City shall carry worker's compensation insurance covering all
employees on. in, near or about the Leased Property and, upon request, shall furnish to
the Authority certificates evidencing such coverage throughout the Term of this Lease.
SECTION 5.7. Recordation Hereof; Title Insurance. On or before the Closing
Date, the City shall, at its expense, (a) cause the Assignment Agreement and this Lease,
or a memorandum hereof or thereof in form and substance approved by Bond Counsel, to
be recorded in the office of the San Diego County Recorder with respect to the Leased
Property, and (b) obtain a CLTA title insurance policy insuring the Assignee's interests in
the estate established hereunder in the Leased Property, subject only to Permitted
Encumbrances, in an amount equal to the original principal components of the Lease
Payments. The City will apply the Net Proceeds received under such title insurance
policy to prepay the remaining Lease Payments under Section 9.3.
SECTION 5.8. Form of Policies. All insurance policies (or riders) required by
this Article V shall be taken out and maintained with responsible insurance companies
organized under the laws of one of the states of the United States and qualified to do
business in the State of California, and shall contain a provision that the insurer shall not
cancel or revise coverage thereunder without giving written notice to the insured parties
at least ten days before the cancellation or revision becomes effective. Each insurance
policy or rider required by Sections 5.3, 5.4 and 5.5 shall name the City and the Assignee
as insured parties and the Assignee as loss payee and shall include a lender's loss payable
endorsement for the benefit of the Assignee. Prior to the Closing Date, the City will
deposit with the Assignee policies (and riders and endorsements, if applicable)
evidencing any such insurance procured by it, or a certificate or certificates of the
respective insurers stating that such insurance is in full force and effect. Before the
expiration of any such policy (or rider), the City will furnish to the Assignee evidence
that the policy has been renewed or replaced by another policy conforming to the
provisions of this Article V unless such insurance is no longer obtainable, in which event
the City shall notify the Assignee of such fact.
SECTION 5.9. Installation of City's Personal Property. The City may at any
time and from time to time, in its sole discretion and at its own expense, install or pennit
to be installed other items of equipment or other personal property in or upon the Leased
Property. All such items shall remain the sole property of the City, in which the
Authority has no interest, and may be modified or removed by the City at any time. The
City must repair and restore any and all damage to the Leased Property resulting from the
installation, modification or removal of any such items. Nothing in this Lease prevents
the City from purchasing or leasing items to be installed under this Section under a lease
or conditional sale agreement, or subject to a vendor's lien or security agreement, as
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security for the unpaid portion of the purchase price thereof, provided that no such lien or
security interest may attach to any part of the Leased Property.
SECTION 5.10. Liens. The City will not, directly or indirectly, create, incur,
assume or suffer to exist any mortgage, pledge, lien, charge, encumbrance or claim on or
with respect to the Leased Property, other than as herein contemplated and except for
such encumbrances as the City certifies in writing to the Authority do not materially and
adversely affect the leasehold estate in the Leased Property hereunder and for which the
Assignee approves in writing, which approval may not be unreasonably withheld.
Except as expressly provided in this Article V, the City will promptly, at its own expense,
take such action as may be necessary to duly discharge or remove any such mortgage,
pledge, lien, charge, encumbrance or claim, for which it is responsible, if the same shall
arise at any time. The City will reimburse the Authority for any expense incurred by it in
order to discharge or remove any such mortgage, pledge, lien, charge, encumbrance or
claim.
SECTION 5.11. Advances. If the City fails to perform any of its obligations
under this Article V, the Authority may take such action as may be necessary to cure such
failure, including the advancement of money, and the City shall be obligated to repay all
such advances as additional rental hereunder, with interest at the rate set forth in Section
4.4(c).
ARTICLE VI
DAMAGE, DESTRUCTION AND EMINENT
DOMAIN; USE OF PROCEEDS; ABATEMENT OF
LEASE PAYMENTS
SECTION 6.1. Deposit of Net Proceeds. The Net Proceeds of any taking of the
Leased Property or any portion thereof in eminent domain proceedings, and the Net
Proceeds of any policy of insurance maintained under Section 5.4, shall be paid to the
City or the Authority to be applied as hereinafter set forth in Section 6.2.
SECTION 6.2. Application of Net Proceeds. If the Leased Property is taken in
eminent domain proceedings at any time during the Term of this Lease, or if the I,eased
Property is damaged due to an insured casualty which is covered by a policy of insurance
maintained under Section 5.4, the City shall as soon as practicable after such event, with
the prior written consent of the Assignee, apply the Net Proceeds resulting therefrom
either to:
(a) repair the Leased Property to full use;
(b) replace the Leased Property, at the City's sole cost and expense,
with property of equal or greater value to the Leased Property
immediately prior to the time of the such destruction or damage,
13137150.3
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such replacement Leased Property to be subject to the Assignee's
reasonable approval, whereupon such replacement shall be
substituted in this Lease by appropriate endorsement;
(c) substitute additional property as provided in Section 4.7; or
(d) prepay the Lease Payments in accordance with Section 9.3.
The City will notify the Authority and the Assignee of which course of action it
has elected to take within 30 days after the occurrence of such eminent domain
proceedings or such destruction or damage. The Authority may (but is not required to) in
its own name or in the City's name execute and deliver proofs of claim, receive all such
moneys, endorse checks and other instruments representing payment of such moneys, and
adjust, litigate, compromise or release any claim against the issuer of any such policy,
and the City hereby grants to the Authority a power of attorney coupled with an interest
to accomplish all or any of the foregoing.
SECTION 6.3. Abatement Due to Damage or Destruction. The Lease Payments
are subject to abatement during any period in which by reason of damage or destruction
(other than by eminent domain which is hereinbefore provided for) there is substantial
interference with the use and occupancy by the City of the Leased Property or any
portion thereof. The Lease Payments are subject to abatement in an amount determined
by the City such that the resulting Lease Payments represent fair consideration for the use
and occupancy of the remaining usable portions of the Leased Property not damaged or
destroyed. Such abatement will continue for the period commencing with such damage
or destruction and ending with the substantial completion of the work of repair or
reconstruction. In the event of any such damage or destruction, this Lease will continue
in full force and effect and the City waives any right to terminate this Lease by virtue of
any such damage and destruction. Notwithstanding the foregoing, the Lease Payments
are not subject to abatement to the extent that rental interruption insurance proceeds are
available to pay Lease Payments which would otherwise be abated under this Section 6.3,
it being hereby declared that such amounts constitute special funds for the payment of the
Lease Payments.
ARTICLE VII
OTHER COVENANTS OF THE CITY
SECTION 7.1. Disclaimer of Warranties. THE AUTHORITY MAKES NO
AGREEMENT, WARRANTY OR REPRESENTATION, EITHER EXPRESS OR
IMPLIED, AS TO THE VALUE, DESIGN, CONDITION, MERCHANTABILITY OR
FITNESS FOR ANY PARTICULAR PURPOSE OR FITNESS FOR THE USE
CONTEMPLATED BY TIIE CITY OF THE LEASED PROPERTY OR ANY
PORTION THEREOF, OR ANY OTHER REPRESENTATION OR WARRANTY
WITH RESPECT TO THE LEASED PROPERTY OR ANY PORTION THEREOF.
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THE CITY ACKNOWLEDGES THAT THE AUTHORITY IS NOT A
MANUFACTURER OF ANY PORTION OF THE LEASED PROPERTY OR A
DEALER THEREIN, THAT THE CITY LEASES THE LEASED PROPERTY AS -IS,
IT BEING AGREED THAT ALi. OF THE AFOREMENTIONED RISKS ARE TO BE
BORNE BY THE CITY. In no event is the Authority liable for incidental, indirect,
special or consequential damages, in connection with or arising out of this Lease for the
existence, furnishing, functioning or use of the Leased Property by the City.
SECTION 7.2. Access to the Leased Property. The City agrees that the
Authority, and the Authority's successors or assigns, has the right at all reasonable times,
following at least 48 hours written notice provided to the City, to enter upon and to
examine and inspect the Leased Property or any part thereof. The City further agrees that
the Authority, and the Authority's successors or assigns, shall have such rights of access
to the Leased Property or any component thereof, following at least 48 hours written
notice provided to the City, as may be reasonably necessary to cause the proper
maintenance of the Leased Property if the City fails to perform its obligations hereunder.
Neither the Authority nor any of its assigns has any obligation to cause such proper
maintenance.
SECTION 7.3. Release and Indemnification Covenants. The City hereby
indemnifies the Authority, the Assignee and their respective officers, agents, successors
and assigns against all claims, losses and damages, including legal fees and expenses,
arising out of (a) the use, maintenance, condition or management of, or from any work or
thing done on the Leased Property by the City, (b) any breach or default on the part of the
City in the performance of any of its obligations under this Lease, (c) any negligence or
willful misconduct of the City or of any of its agents, contractors, servants, employees or
licensees with respect to the Leased Property, (d) any intentional misconduct or
negligence of any sublessee of the City with respect to the Leased Property, (e) the
acquisition, construction, improvement and equipping of the Leased Property, (f) the use ,
presence, storage, disposal or clean-up of any Hazardous Substances or toxic wastes on
the Leased Property, (g) the failure to comply with any Applicable Environmental Laws,
or (h) any loss of the federal income tax exemption of the interest portion of Lease
Payments and any interest or penalties imposed by the Internal Revenue Service on the
Assignee in connection therewith, any such amount to be paid to the Assignee in a single
lump sum payment upon demand of the Assignee, or the authorization of payment of the
costs thereof. No indemnification is made under this Section or elsewhere in this Lease
for willful misconduct or gross negligence under this Lease by the Authority, the
Assignee, or their respective officers, agents, employees, successors or assigns.
SECTION 7.4. Assignment by the Authority. The Authority's rights under this
Lease, including the right to receive and enforce payment of the Lease Payments to be
made by the City hereunder, have been assigned to the Assignee under the Assignment
Agreement. The City hereby consents to such assignment. Whenever in this Lease any
reference is made to the Authority and such reference concerns rights which the
Authority has assigned to the Assignee, such reference shall be deemed to refer to the
Assignee.
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The Authority and the Assignee may make additional assignments of their
interests herein, but no such assignment will be effective as against the City unless and
until the Authority or the Assignee has filed with the City written notice thereof. The
City shall pay all Lease Payments hereunder under the written direction of the Authority
or the assignee named in the most recent assignment or notice of assignment filed with
the City. During the Term of this Lease, the City will keep a complete and accurate
record of all such notices of assignment.
SECTION 7.5. Assignment and Subleasing by the City. This Lease may not be
assigned by the City. With the prior written consent of the Assignee, the City may
sublease the Leased Property, or any portion thereof, subject to all of the following
conditions:
(a) This Lease and the obligation of the City to make Lease Payments
hereunder shall remain obligations of the City.
(b) The City shall, within 30 days after the delivery thereof, furnish or
cause to be furnished to the Authority and the Assignee a true and
complete copy of such sublease.
(c) Any sublease shall be expressly subject and subordinate to this
Lease.
(d) No such sublease by the City may cause the Leased Property to be
used for a purpose other than as may be authorized under the
provisions of the laws of the State of California.
(e) The City shall furnish the Authority and the Assignee with a written
opinion of Bond Counsel stating that such sublease does not cause
the interest components of the Lease Payments to become includable
in gross income for purposes of federal income taxation or to
become subject to personal income taxation by the State of
California.
SECTION 7.6. Amendment Hereof. This Lease may be amended with the prior
written consent of the Assignee. Prior to the effective date of any such amendment, and
as a condition precedent to the effectiveness thereof, the City at its expense shall obtain
an opinion of Bond Counsel stating that such amendment will not adversely affect the
exclusion from gross income of the interest component of the Lease Payments.
SECTION 7.7. Tax Covenants.
(a) Generally. The City will not take any action or permit to be taken any
action within its control which would cause or which, with the passage of time if not
I3137150.3
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cured would cause, the interest components of the Lease Payments to become includable
in gross income for federal income tax purposes.
(b) Private Activity Bond Limitation. The City will ensure that the proceeds of
the Lease Payments are not so used as to cause the City's obligations hereunder to satisfy
the private business tests of Section 141(b) of the Tax Code or the private loan financing
test of Section 141(c) of the Tax Code.
(c) Federal Guarantee Prohibition. The City will not take any action or permit
or suffer any action to be taken if the result of the same would be to cause the Lease
Payments to be "federally guaranteed" within the meaning of Section 149(b) of the Tax
Code.
(d) No Arbitrage. The City will not take, or permit or suffer to be taken, any
action with respect to the proceeds of the Lease Payments which, if such action had been
reasonably expected to have been taken, or had been deliberately and intentionally taken,
on the Closing Date would have caused the Lease Payments to be "arbitrage bonds"
within the meaning of Section 148(a) of the Tax Code.
(e) Small Issuer Exemption from Bank Nondeductibility Restriction. The City
hereby designates the Lease Payments for purposes of paragraph (3) of Section 265(b) of
the Tax Codc and hereby covenants that (i) the Lease Payments do not constitute private
activity bonds as defined in Section 141 of the Tax Codc, and (ii) not more than
$30,000,000 aggregate principal amount of obligations the interest on which is
excludable (under Section 103(a) of the Tax Code) from gross income for federal income
taxes (excluding, however, private activity bonds, as defined in Section 141 of the Tax
Code, other than qualified 501(c)(3) bonds as defined in Section 145 of the Tax Code),
including the Lease Payments, have been or shall be issued by or on behalf of the City,
including all subordinate entities of the City, during the calendar year 2010.
(I) Arbitrage Rebate. The City will take any and all actions necessary to assure
compliance with Section 148(f) of the Tax Code, relating to the rebate of excess
investment earnings, if any, to the federal government, to the extent that such section is
applicable to the Lease Payments.
SECTION 7.8 Environmental Covenants.
(a) Compliance with Laws; No Hazardous Substances. The City will comply
with all Applicable Environmental Laws with respect to the Leased Property and will not
use, store, generate, treat, transport, or dispose of any Hazardous Substance thereon or in
a manner that would cause any I Iazardous Substance to later flow, migrate, leak, leach, or
otherwise come to rest on or in the Leased Property.
(b) Notification of Assignee. The City will transmit copies of all notices,
orders, or statements received from any governmental entity concerning violations or
asserted violations of Applicable Environmental Laws with respect to the Leased
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Property and any operations conducted thereon or any conditions existing thereon to the
Assignee, and the City will notify the Assignee in writing immediately of any release,
discharge, spill, or deposit of any I-Iazardous Substances that has occurred or is occurring
that in any way affects or threatens to affect the Leased Property, or the people,
structures, or other property thereon, provided that no such notifications shall create any
liability or obligation on the part of the Assignee.
(c) Access for Inspection. The City shall permit the Assignee, its agents, or any
experts designated by the Assignee to have full access to the Leased Property during
reasonable business hours for purposes of such independent investigation of compliance
with all Applicable Environmental Laws, provided that the Assignee has no obligation to
do so, or any liability for any failure to do so, or any liability should it do so.
SECTION 7.9 Financial Statements; Budgets. Within 270 days following the
end of each Fiscal Year of the City during the Term of this Lease, the City shall provide
the Assignee with a copy of its audited financial statements for such Fiscal Year. Such
audited financial statements shall include a balance sheet, a statement of revenues,
expenses and changes in fund balances for budget and actual, a statement of cash flows,
notes, schedules and any attachments to the financial statements and such other financial
information as the Assignee shall reasonably request. Within ten days of its becoming
publicly available during the term of this Lease, the City will provide the Assignee with a
copy of its annual budget and any interim updates or modifications to such budget.
ARTICLE VIII
EVENTS OF DEFAULT AND REMEDIES
SECTION 8.1. Events of Default Defined. Any one or more of the following
events constitutes an Event of Default hereunder:
(a) Failure by the City to pay any Lease Payment or other payment
required to be paid hereunder at the time specified herein.
(b) Failure by the City to observe and perform any covenant, condition
or agreement on its part to be observed or performed hereunder,
other than as referred to in the preceding clause (a) of this Section,
for a period of 30 days after written notice specifying such failure
and requesting that it be remedied has been given to the City by the
Authority or the Assignee. However, if in the reasonable opinion of
the City the failure stated in the notice can be corrected, but not
within such 30-day period, the Authority and the Assignee shall not
unreasonably withhold their consent to an extension of such time
(for a period not to exceed 60 days) if corrective action is instituted
by the City within such 30-day period and diligently pursued until
the default is corrected.
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(c) The filing by the City of a voluntary petition in bankruptcy, or
failure by the City promptly to lift any execution, garnishment or
attachment, or adjudication of the City as a bankrupt, or assignment
by the City for the benefit of creditors, or the entry by the City into
an agreement of composition with creditors, or the approval by a
court of competent jurisdiction of a petition applicable to the City in
any proceedings instituted under the provisions of the Federal
Bankruptcy Code, as amended, or under any similar acts which may
hereafter be enacted.
SECTION 8.2. Remedies on Default. Whenever any Event of Default has
happened and is continuing, the Authority may exercise any and all remedies available
under law or granted under this Lease; provided, however, that notwithstanding anything
herein to the contrary, there shall be no right under any circumstances to accelerate the
Lease Payments or otherwise declare any Lease Payments not then in default to be
immediately due and payable. Each and every covenant hereof to be kept and performed
by the City is expressly made a condition and upon the breach thereof the Authority may
exercise any and all rights granted hereunder; provided, that no termination of this Lease
shall be effected either by operation of law or acts of the parties hereto, except only in the
manner herein expressly provided. Upon the occurrence and during the continuance of
any Event of Default, the Authority may exercise any one or more of the following
remedies:
(a) Enforcement of Payments Without Termination. If the Authority
does not elect to terminate this Lease in the manner hereinafter
provided for in subparagraph (b) hereof, the City agrees to and shall
remain liable for the payment of all Lease Payments and the
performance of all conditions herein contained and shall reimburse
the Authority for any deficiency arising out of the re -leasing of the
Leased Property, or. if the Authority is unable to re -lease the Leased
Property, then for the full amount of all Lease Payments to the end
of the Term of this Lease, but said Lease Payments and/or
deficiency shall be payable only at the same time and in the same
manner as hereinabove provided for the payment of Lease Payments
hereunder, notwithstanding such entry or re-entry by the Authority
or any suit in unlawful detainer, or otherwise, brought by the
Authority for the purpose of effecting such re-entry or obtaining
possession of the Leased Property or the exercise of any other
remedy by the Authority. The City hereby irrevocably appoints the
Authority as the agent and attorney -in -fact of the City to enter upon
and re -lease the Leased Property upon the occurrence and
continuation of an Event of Default and to remove all personal
property whatsoever situated upon the Leased Property, to place
such property in storage or other suitable place located as close as
possible to the City in the County of San Diego for the account of
and at the expense of the City, and the City hereby exempts and
13137150.3
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agrees to save harmless the Authority from any costs, loss or
damage whatsoever arising or occasioned by any such entry upon
and re -leasing of the Leased Property and the removal and storage of
such property by the Authority or its duly authorized agents in
accordance with the provisions herein contained. The City agrees
that the terms of this Lease constitute full and sufficient notice of the
right of the Authority to re -lease the Leased Property in the event of
such re-entry without effecting a surrender of this Lease, and further
agrees that no acts of the Authority in effecting such re -leasing shall
constitute a surrender or termination of this Lease irrespective of the
term for which such re -leasing is made or the terms and conditions
of such re -leasing, or otherwise, but that, on the contrary, in the
event of such default by the City the right to terminate this Lease
shall vest in the Authority to be effected in the sole and exclusive
manner hereinafter provided for in subparagraph (b) hereof. The
City agrees to surrender and quit possession of the Leased Property
upon demand of the Authority for the purpose of enabling the
Leased Property to be re -let under this paragraph, and the City
further waives the right to any rental obtained by the Authority in
excess of the Lease Payments and hereby conveys and releases such
excess to the Authority as compensation to the Authority for its
services in re -leasing the Leased Property.
(b) Termination of Lease. If an Event of Default occurs and is
continuing hereunder, the Authority at its option may terminate this
Lease and re -lease all or any portion of the Leased Property. If the
Authority terminates this Lease at its option and in the manner
hereinafter provided due to a default by the City (and
notwithstanding any re-entry upon the Leased Property by the
Authority in any manner whatsoever or the re -leasing of the Leased
Property), the City nevertheless agrees to pay to the Authority all
costs, loss or damages howsoever arising or occurring payable at the
same time and in the same manner as is herein provided in the case
of payment of Lease Payments and Additional Payments. Any
surplus received by the Authority from such re -leasing shall be
applied by the Authority to Lease Payments due under this Lease.
Neither notice to pay rent or to deliver up possession of the premises
given under law nor any proceeding in unlawful detainer taken by
the Authority shall of itself operate to terminate this Lease, and no
termination of this Lease on account of default by the City shall be
or become effective by operation of law, or otherwise, unless and
until the Authority shall have given written notice to the City of the
election on the part of the Authority to terminate this Lease. The
City covenants and agrees that no surrender of the Leased Property,
or of the remainder of the Term hereof or any termination of this
13137150.3
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(c)
Lease shall be valid in any manner or for any purpose whatsoever
unless stated or accepted by the Authority by such written notice.
Proceedings at Law or In Equitv. If an Event of Default occurs and
continues hereunder, the Authority may take whatever action at law
or in equity may appear necessary or desirable to collect the
amounts then due and thereafter to become due hereunder or to
enforce any other of its rights hereunder.
SECTION 8.3. No Remedy Exclusive. No remedy herein conferred upon or
reserved to the Authority is intended to be exclusive and every such remedy shall be
cumulative and shall be in addition to every other remedy given under this Lease or now
or hereafter existing at law or in equity. No delay or omission to exercise any right or
power accruing upon the occurrence of any Event of Default shall impair any such right
or power or shall be construed to be a waiver thereof, but any such right and power may
be exercised from time to time and as often as may be deemed expedient. In order to
entitle the Authority to exercise any remedy reserved to it in this Article VIII it shall not
be necessary to give any notice, other than such notice as may be required in this Article
VIII or by law.
SECTION 8.4. Agreement to Pay Attorneys' Fees and Expenses. If either party
to this Lease defaults under any of the provisions hereof and the nondefaulting party
should employ attorneys (including in-house legal counsel) or incur other expenses for
the collection of moneys or the enforcement or performance or observance of any
obligation or agreement on the part of the defaulting party herein contained, the
defaulting party agrees that it will on demand therefor pay to the nondefaulting party the
reasonable fees of such attorneys (including allocable costs and expenses of in-house
legal counsel, if any) and such other expenses so incurred by the nondefaulting party.
SECTION 8.5. No Additional Waiver Implied by One Waiver. If any agreement
contained in this Lease is breached by either party and thereafter waived by the other
party, such waiver is limited to the particular breach so waived and will not be deemed to
waive any other breach hereunder.
SECTION 8.6. Assignee to Exercise Rights. Such rights and remedies as are
given to the Authority under this Article VIII have been assigned by the Authority to the
Assignee, to which assignment the City hereby consents. Such rights and remedies shall
be exercised solely by the Assignee.
ARTICLE IX
PREPAYMENT OF LEASE PAYMENTS
SECTION 9.1. Security Deposit. Notwithstanding any other provision of this
Lease, the City may on any date secure the payment of the Lease Payments in whole or in
13137150.3
-26-
part by depositing with a fiduciary, in trust, an amount of cash which is either (a)
sufficient to pay such Lease Payments, including the principal and interest components
thereof, in accordance with the Lease Payment schedule set forth in Appendix B, or (b)
invested in whole in non -callable Federal Securities in an amount which is sufficient, in
the opinion of an independent certified public accountant, together with interest to accrue
thereon and together with any cash which is so deposited, to pay such Lease Payments
when due under Section 4.4(a) or when due on any optional prepayment date under
Section 9.2, as the City instructs at the time of said deposit. In the event of a security
deposit under this Section with respect to all unpaid Lease Payments, (a) the Term of this
Lease shall continue, (b) all obligations of the City under this Lease, and all security
provided by this Lease for said obligations, shall thereupon cease and terminate,
excepting only the obligation of the City to make, or cause to be made all of the Lease
Payments from such security deposit, and (c) under Section 4.6, title to the Leased
Property will vest in the City on the date of said deposit automatically and without further
action by the City or the Authority. The City hereby grants a first priority security
interest in and the lien on said security deposit and all proceeds thereof in favor of the
Authority and the Assignee. Said security deposit shall be deemed to be and shall
constitute a special fund for the payment of Lease Payments in accordance with the
provisions of this Lease.
SECTION 9.2. Optional Prepayment. The City may prepay the unpaid principal
components of the Lease Payments in whole, on any date on or after April 1, 2018, by
paying a prepayment price equal to the principal components of the Lease Payments to be
prepaid, together with the interest required to be paid on such Lease Payment Date,
without premium or penalty. The City shall give the Authority notice of its intention to
exercise its option to prepay the Lease Payments under this Section 9.2 not less than 30
days in advance of the date of exercise.
SECTION 9.3. Mandatory Prepayment From Net Proceeds of Insurance or
Eminent Domain. The City may prepay the unpaid principal components of the Lease
Payments in whole or in part on any date, from and to the extent of any Net Proceeds to
be used for such purpose under Section 6.2, by paying a prepayment price equal to the
principal components of the Lease Payments to be prepaid, together with the interest
required to be paid on such Lease Payment Date, without premium or penalty. The City
shall give the Authority notice of its intention to exercise its option to prepay the Lease
Payments under this Section 9.3 not less than 60 days in advance of the date of exercise.
ARTICLE X
MISCELLANEOUS
SECTION 10.1. Notices. Any notice, request, complaint. demand or other
communication under this Lease shall be given by first class mail or personal delivery to
the party entitled thereto at its address set forth below, or by facsimile transmission or
other form of telecommunication, at its number set forth below. Notice shall be effective
131371503
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either (a) upon transmission by facsimile transmission or other form of
telecommunication, (b) 48 hours after deposit in the United States of America first class
mail, postage prepaid, or (c) in the case of personal delivery to any person, upon actual
receipt. The Authority, the City and the Assignee may, by written notice to the other
parties, from time to time modify the address or number to which communications are to
be given hereunder.
If to the City:
If to the Authority:
If to the Assignee:
City of National City
1243 National City Boulevard
National City, California 91950
Attention: Director of Finance
Fax: (619) 336-4349
National City Joint Powers Financing Authority
c/o City of National City
1243 National City Boulevard
National City, California 91950
Attention: Director of Finance
Fax: (619) 336-4349
Bank of America, N.A.
555 California Street, 4th Floor
San Francisco, California 94104
Attention: Contract Administration
Fax: (415) 343-0531
SECTION 10.2. Binding Effect. This Lease inures to the benefit of and is binding
upon the Authority, the City and their respective successors and assigns.
SECTION 10.3. Severability. If any provision of this Lease is held invalid or
unenforceable by any court of competent jurisdiction, such holding will not invalidate or
render unenforceable any other provision hereof.
SECTION 10.4. Net -net -net Lease. This Lease is a "net -net -net lease" and the
City hereby agrees that the Lease Payments are an absolute net return to the Authority,
free and clear of any expenses, charges or set -offs whatsoever.
SECTION 10.5. Further Assurances and Corrective Instruments. The Authority
and the City agree that they will, from time to time, execute, acknowledge and deliver, or
cause to be executed, acknowledged and delivered, such supplements hereto and such
further instruments as may reasonably be required for correcting any inadequate or
incorrect description of the Leased Property hereby leased or intended so to be or for
carrying out the expressed intention of this Lease.
131371503
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SECTION 10.6. Execution in Counterparts. This Lease .may be executed in
several counterparts, each of which is an original and all of which constitutes one and the
same instrument.
SECTION 10.7. Applicable Law. This Lease is governed by and construed in
accordance with the laws of the State of California.
SECTION 10.8. Captions. The captions or headings in this Lease are for
convenience only and in no way define, limit or describe the scope or intent of any
provisions or Section of this Lease.
13137150.3
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IN WITNESS WHEREOF, the Authority and the City have caused this Lease to
be executed in their respective names by their duly authorized officers, all as of the date
first above written.
Approved as to Form:
By
General Counsel
Attest:
By
Secretary
Approved as to Form:
By
City Attorney
Attest:
By
City Clerk
NATIONAL CITY JOINT POWERS
FINANCING AUTHORITY, as Lessor
By
Ron Morrison
President
CITY OF NATIONAL CITY,
CALIFORNIA, as Lessee
By
Ron Morrison
Mayor
13137150.3
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APPENDIX A
DESCRIPTION OF THE LEASED PROPERTY
The Leased Property consists of the following described land located in the City
of National City, County of San Diego, State of California. together with all buildings,
facilities and other improvements which constitute real property and which are located
thereon:
[PROPERTY LEGAL DESCRIPTION]
13137150.3
A-1
APPENDIX B
SCHEDULE OF LEASE PAYMENTS
Lease Principal Interest Aggregate
Payment Date Component Component Lease Payment
April 1, 2011
October 1, 2011
April 1, 2012
October 1, 2012
April 1, 2013
October 1, 2013
April 1, 2014
October 1, 2014
April 1, 2015
October 1, 2015
April 1, 2016
October 1, 2016
April 1, 2017
October 1, 2017
April 1, 2018
TOTALS:
13137150.3
B-1
-1'111cf4-- 4
NP Draft 09/16/10
TO BE RECORDED AND WHEN RECORDED
RETURN TO:
Nixon Peabody LLP
555 West Fifth Street, 46th Floor
Los Angeles, California 90013
Attention: Charles C. Wolf, Esq.
THIS DOCUMENT IS EXEMPT FROM RECORDING FEES UNDER SECTION
27383 OF THE CALIFORNIA GOVERNMENT CODE.
ASSIGNMENT AGREEMENT
This ASSIGNMENT AGREEMENT, dated as of September 1, 2010 (this
"Assignment"), is between the NATIONAL CITY JOINT POWERS FINANCING
AUTHORITY, a joint powers agency duly organized and existing under a Joint Powers
Agreement, dated as of April 16, 1991 by and between the City of National City and the
Community Development Commission of the City of National City, and the laws of the
State of California (the "Authority"), and BANK OF AMERICA, N.A., a national
banking association organized and existing under the laws of the United States of
America (the "Assignee").
BACKGROUND:
1. In order to refinance the construction of a police administration building
located generally at 1200 National City Boulevard in the City of National City (the
"Facilities"), the City of National City (the "City") has previously leased the real property
constituting the site thereof, as such real property is described more fully in Appendix A
attached hereto and by this reference incorporated herein (the "Site"), together with the
Facilities (collectively, the "Leased Property"), from the Authority under a Lease
Agreement dated as of October 1, 1998, a Memorandum of Lease for which was recorded
in the Office of the San Diego County Recorder on October 26, 1998, as Document No.
1998-0690922 (the "1998 Lease Agreement").
2. Interests in the City's lease payments under the 1998 Lease Agreement (the
"1998 Lease Payments") are evidenced by 1998 Certificates of Participation (Police
Administration Building Project) which were executed and delivered in the aggregate
principal amount of S6,255,000 of which $3,280,000 are currently outstanding (the "1998
13137430.2
Certificates"), the proceeds of which were applied to refinance the construction of the
Facilities.
3. The City has determined to redeem the 1998 Certificates and prepay the
1998 Lease Payments and thereby terminate the 1998 Lease Agreement, and in order to
raise funds for that purpose the City and the Authority have entered into a Lease
Agreement dated as of September 1, 2010, which has been recorded concurrently
herewith (the "Lease"), in consideration of the deposit of funds in an amount required to
redeem the 1998 Certificates and prepay the 1998 Lease Payments in full.
4. In order to raise the funds needed for that purpose, the Authority wishes to
assign certain of its rights under the Lease, including the right receive and enforce
payment of the Lease Payments which are payable by the City under the Lease, to the
Assignee hereunder.
AGREEMENT:
In consideration of the material covenants contained in this Assignment, the
parties hereto hereby formally covenant, agree and bind themselves as follows:
SECTION 1. Defined Terms. All capitalized terms not otherwise defined herein
have the respective meanings given those terms in the Lease.
SECTION 2. Assignment. The Authority hereby assigns to the Assignee all of
the Authority's rights under the Lease (excepting only the Authority's rights under
Sections 5.7 and 7.3 of the Lease), including but not limited to:
(a) the right to receive and collect all of the Lease Payments from the
City under the Lease,
(b) the right to receive and collect any proceeds of any insurance
maintained thereunder with respect to the Leased Property, or any
eminent domain award (or proceeds of sale under threat of eminent
domain) paid with respect to the Leased Property, and
(c) the right to exercise such rights and remedies conferred on the
Authority under the Lease as may be necessary or convenient (i) to
enforce payment of the Lease Payments and any amounts required to
be applied to the prepayment of the Lease Payments. or (ii)
otherwise to protect the interests of the Assignee in the event of a
default by the City under the Lease.
The assignment made under this Section 2 is absolute and irrevocable, and
without recourse to the Authority.
13137430.2
-2-
SECTION 3. Acceptance; Representations. The Assignee hereby accepts the
assignments made herein for the purpose of securing the payments due under the Lease
to, and the rights under the Lease of, the Authority. The Assignee represents that (i) it
accepts this interest in the Lease for its own account and will not make a public offering
of the interests conveyed herby, (ii), it is paying the price of par for its interest in the
Lease, and (iii) it will treat its interest in the Lease as an investment for federal income
tax purposes.
SECTION 4. Consideration; Deposit of Funds. In consideration of the
assignment to the Assignee of the Lease Payments and certain other rights of the
Authority under Section 2, the Assignee hereby agrees to pay the following amounts to
the following parties:
(a) On the Closing Date, the Assignee shall (i) retain the amount of
S[ ] to pay its commitment fee and legal counsel fees,
and (ii) pay the amount of $[ ] to Union Bank, N.A., as
custodian, to be applied for the purpose of paying financing costs
relating to the Lease.
(b) On the Closing Date, the Assignee shall pay the amount of
$[ ] to Union Bank, N.A., to be deposited, held and
applied in accordance with the Refunding Instructions for the
purpose of refinancing and discharging the 1998 Lease Payments
and the 1998 Certificates.
SECTION 5. Execution in Counterparts. This Assignment may be executed in
any number of counterparts, each of which is an original and all together constitute one
and the same agreement. Separate counterparts of this Assignment may be separately
executed by the Assignee and the Authority, both with the same force and effect as
though the same counterpart had been executed by the Assignee and the Authority.
SECTION 6. Binding Effect. This Assignment inures to the benefit of and binds
the Authority and the Assignee, and their respective successors and assigns, subject,
however, to the limitations contained herein.
SECTION 7. Governing Law. This Assignment is governed by the laws of the
State of California.
131374302
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IN WITNESS WHEREOF, the parties have executed this Assignment by their
duly authorized officers as of the day and year first written above.
Approved as to Form:
By
General Counsel
Attest:
By
Secretary
NATIONAL CITY .JOINT POWERS
FINANCING AUTHORITY, as Assignor
Ron Morrison
President
BANK OF AMERICA, N.A., as Assignee
By
Authorized Officer
131374302
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APPENDIX A
DESCRIPTION OF THE LEASED PROPERTY
The Leased Property consists of the following described land located in the City
of National City, County of San Diego, State of California, together with all buildings,
facilities and other improvements which constitute real property and which are located
thereon:
[LEGAL DESCRIPTION OF PROPERTY]
13137430,2
A-1
A--1lackiev
NP Draft 09/16/10
IRREVOCABLE REFUNDING INSTRUCTIONS
(1998 Refunding Certificates of Participation)
These IRREVOCABLE REFUNDING INSTRUCTIONS (these `'Instructions"),
are dated as of September 28, 2010, and are given by the CITY OF NATIONAL CITY, a
general law city and municipal corporation organized and existing under the Constitution
and laws of the State of California (the "City"), to UNION BANK, N.A., a national
banking association organized and existing under the laws of the United States of
America, acting as trustee for the 1998 Certificates described below (the "1998 Trustee").
BACKGROUND:
1. The City has previously caused the execution and delivery of 1998
Certificates of Participation (Police Administration Building Project) in the aggregate
original principal amount of $6,255,000 of which $3,280,000 is currently outstanding
(the "1998 Certificates") under a Trust Agreement dated as of October 1, 1998 (the "1998
Trust Agreement"), among the City, the National City Joint Powers Financing Authority
(the "Authority") and Union Bank, N.A., as trustee, evidencing lease payments payable
by the City under a Lease Agreement dated as of October 1, 1998 (the "1998 Lease"),
between the Authority as lessor and the City as lessee.
2. The 1998 Certificates are subject to prepayment in full on [October 1, 2010],
and in order to provide funds for that purpose the City and the Authority have entered
into a Lease Agreement dated as of September 1, 2010 (the "Lease"), and the Authority
has assigned its right to receive lease payments payable by the City thereunder to Bank of
America, N.A. (the "Assignee") under an Assignment Agreement dated as of September
1, 2010 (the "Assignment Agreement").
3. At the written direction of the City, the 1998 Trustee has, on [ ],
2010, provided the owners of the 1998 Certificates with a notice of prepayment, meeting
the requirements of the 1998 Trust Agreement.
5. The City is giving these Instructions to the 1998 Trustee for the purpose of
establishing an irrevocable escrow fund to be funded, invested, held and administered for
the purpose of providing for the payment in full of the principal and interest represented
by the 1998 Certificates upon the prepayment thereof on [October 1], 2010.
13137475.2
INSTRUCTIONS:
In order to provide for the payment and prepayment of the 1998 Certificates and
to discharge the 1998 Certificates and the obligations represented thereby, the City
hereby irrevocably directs the 1998 Trustee as follows:
SECTION 1. Establishment of Escrow Fund. The 1998 Trustee is directed to
establish an escrow fund (the "Escrow Fund") to be held by the 1998 Trustee in trust as
an irrevocable escrow securing the payment of the 1998 Certificates and the City's
obligations with respect thereto, as hereinafter set forth. All cash and securities in the
Escrow Fund are hereby irrevocably pledged as a special fund for the payment of the
principal and interest represented by the 1998 Certificates in accordance with the 1998
Trust Agreement. If at any time the 1998 Trustee receives actual knowledge that the cash
and securities in the Escrow Fund will not be sufficient to make any payment required by
Section 3 in respect of the 1998 Certificates, the 1998 Trustee shall notify the City of
such fact and the City shall immediately cure such deficiency from any source of legally
available funds. The 1998 Trustee has no liability for any such insufficiency.
SECTION 2. Deposit into Escrow Fund. On September 28, 2010 (the "Closing
Date"), the City shall cause to be transferred to the 1998 Trustee for deposit into the
Escrow Fund the amount of $[ ] in immediately available funds, to be derived
as follows:
(a) from amounts provided by the Assignee in the amount of
$[ ] under the Assignment Agreement; and
(b) from amounts held in the Reserve Fund established and held by the
1998 Trustee under Section [4.02] of the 1998 Trust Agreement (the
"1998 Reserve Fund") in the amount of $[ ].
SECTION 3. Investment and Application of Amounts. The 1998 Trustee shall
hold the moneys deposited in the Escrow Fund under Section 2 in cash, uninvested.
The 1998 Trustee shall apply all cash held in the Escrow Fund to pay the principal
and interest represented by the 1998 Certificates coming due and payable upon the
payment and prepayment thereof on [ ], 2010, in the following amounts:
Maturing Prepaid Total
Payment Date Interest Principal Principal Payment
[ 1,2010 $[ ] $[ $[ .— ]
Following payment and prepayment in full of all of the 1998 Certificates on
[ ], 2010, the 1998 Trustee shall withdraw all amounts remaining on deposit in the
Escrow Fund, if any, and transfer such amounts to the City to be applied to pay the lease
payments next coming due under the Lease.
13137475.2
-2-
SECTION 4. Transfer of Funds. The 1998 Trustee shall make the transfers into
the Escrow Fund from the 1998 Lease Payment Fund and the 1998 Reserve Fund as set
forth in subsections (b) and (c) of Section 2, such transfers to be made on the Closing
Date. All other amounts held by the 1998 Trustee in any of the funds and accounts
established under the 1998 Trust Agreement shall be withdrawn therefrom and
transferred to the City to be applied to pay the lease payments next coming due under the
Lease.
SECTION 5. Application of Certain Terms of 1998 Certificate Documents. All of
the terms of the 1998 Trust Agreement relating to the payment and prepayment of
principal and interest represented by the 1998 Certificates, and the protections,
immunities and limitations from liability afforded the 1998 Trustee as trustee for the
1998 Certificates, are incorporated in these Instructions as if set forth in full herein.
These Instructions set forth all matters pertinent to the escrow contemplated hereunder,
and no additional obligations of the 1998 Trustee shall be inferred from the terms of these
Instructions or any other agreement.
SECTION 6. Compensation to Trustee. The City shall pay the 1998 Trustee full
compensation for its services under these Instructions, including out-of-pocket costs such
as publication costs, prepayment expenses, legal fees and other costs and expenses
relating hereto and, in addition, all fees, costs and expenses relating to the purchase,
substitution or withdrawal of any securities after the date hereof. Under no circumstances
shall amounts deposited in or credited to the Escrow Fund be deemed to be available for
said purposes. The 1998 Trustee has no lien upon or right of set off against the cash and
securities at any time on deposit in the Escrow Fund.
13137475.2
-3-
SECTION 7. Effect of These Instructions. As a result of the deposit and
application of funds in accordance with these Instructions, the obligations of the City
under the 1998 Lease shall be discharged under and with the effect set forth in Section
[3.10] of the 1998 Lease, and the 1998 Certificates shall be discharged under and with the
effect set forth in Section [13.01] of the 1998 Trust Agreement. The deposit made with
the 1998 Trustee hereunder constitutes a security deposit for the payment of the 1998
Lease Payments in accordance with the provisions of Section [9.1] of the 1998 Lease, and
these Instructions constitute an escrow deposit and trust agreement under and within the
meaning of Section [13.01] of the 1998 Trust Agreement.
Date: [September 28], 2010
Approved as to Form:
By
City Attorney
Attest:
By
City Clerk
ACCEPTED:
UNION BANK, N.A., as 1998 Trustee
By
Authorized Officer
CITY OF NATIONAL CITY,
CALIFORNIA, a California city and
municipal corporation
By
Ron Morrison
Mayor
131374752
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City of National City, California
COUNCIL AGENDA STATEMENT
MEETING DATE September 21, 2010
AGENDA ITEM NO. 17
ITEM TITLE TEMPORARY USE PERMIT — Cornerstone Heart Revolution Annual Community
Conference sponsored by Cornerstone Church of San Diego at 1920 Sweetwater Road from September 27
thru October 3, 2010 from 9am to 9pm with no waiver of fees.
PREPARED BY
EXPLANATION
Vianey Rolon, 336-4364 DEPARTMENT Neighborhood Services Division
This is a request from the Cornerstone Church to conduct their Heart Revolution Annual Community
Conference from September 27 thru October 3, 2010. This conference is open to all churches. A small
stage will be set up for entertainment by Christian Contemporary music from 4pm to 9pm daily. Six (6)
10x10 canopies will be setup, four (4) of these will be used by food vendors.
The applicant is not requesting the use of the City's stage and will provide security for this event though
Cornerstone's volunteers.
Environmental Review X N/A
Financial Statement Approved By:
The City has incurred $237.00 for processing the TUP, plus $200.00 Finance Director
the Fire fees.
Total fees: $437.00
Account No.
STAFF RECOMMENDATION
Approve the Application for a Temporary Use Permit subject to compliance with all conditions of
approval.
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below) Resolution No.
Application for a Temporary Use Permit with recommended approvals and conditions of approval.
A-200 (9/99)
Type of Event:
Public Concert
Parade
Motion Picture
/ �[ Other
Event Title: Y� 'T T� & tf/) /rT/avt. �O/�1
Event Location: /9 -..cttdarik.)444,i JKG� ALA,/ 64 `Al. 9 /C—s--0
Event Date(s): From g'a7-IA0 /Q'3-/V Total Anticipated Attendance: 416-0 ° 001( 5 et5
Month/DaylYear ( �C, Participants)
( Spectators)
Actual Event Hours: q irmm to q a ��
Community Event
_ Block Party
Setup/assembly/construction Date:9—A • /V Start time: 5—Prn
Please describe the scope of your setup/assembly work (specific details):
4 f fel A'ieJ,J a 3Pam/ .rI /f2.0 C_4i1dttry
Tki 1/6,o i1�.s
Dismantle Date: /0 =...?/D Completion Time: / 0 am/I?)
List any street(s) requiring closure as a result of this event. Include street name(s), day and
time of closing and day and time of reopening.
»4
Sponsoring Organization: CDefe/s f CTU4ec D// //�� 4 hi Y�I For Profit
Chief Officer of Organization (Names ,¢! r0 IJ i(Q IG'%2k•/
Applicant (Name):
Address: PC/Q' �/t✓�
Fair _ Festival
_ Demonstration _ Circus
_ Grand Opening
Jl Not -for -Profit
4 Lot/LID
ev- 44%04=10'64 a qJ5-L)
Daytime Phone: k749) V .3 Evening Phone: ( ) f Fax: (4/ 7o1... iea 7/
j � e
Contact Person "on site" day of the event: Z �! L�`C! t f ?di- 0 ''//
Pager/Cellular: 1#, q . .31 -. b q /?—
NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT
AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS
1
Is your organization a 'Tax Exempt, nonprofit" organization? YES NO
Are admission, entry, vendor or participant fees required? x YES 4 N
If YES, please explain the purpose and provide amount(s): ( Y J e"
$ ,1tiF1 Estimated Gross Receipts including ticket, product and sponsorship sales from
//�� this event.
$A9// Estimated Expenses for this event.
What is the projected amount of revenue that the Nonprofit Organization will
receive as a result of this event?
Please provide a DETAILED DESCRIPTION of your event. Include details regarding any
components of your event such as the use of vehicles, animals, rides or any other pertinent
information about the event. /�
Ilvc rt ua I COmm lie .` IvI AelA4 c IE
.LA I/ eI uaclE5
1,-d ea-s a spas
_ YES / NO If the event involves the sale of cars, will the cars come exclusively from
National City car dealers? If NO, list any additional dealers involved in the
sale:
2
YES iNO Does the event involve the sale or use of alcoholic beverages?
YES NO Will items or services be sold at the event? If yes, please describe:
Pofd , tt ,dtti, �OU L��f iIGS
_ YES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map
/ showing all streets impacted by the event.
`" YES _ NO Does the event involve the use of tents or canopies? If YES:
Number of tent/canopies Sizes 1 ' X / Q
NOTE: A separate Fire Department permit is required for tents or canopies.
YES NO Does the event involve a moving route of any kind along streets, sidewalks or
highways? If YES, attach a detailed map of your proposed route indicate the
direction of travel, and provide a written narrative to explain your route.
YES ✓ NO Will the event involve the use of the City stage or PA system?
In addition to the route map required above, please attach a diagram showing the overall layout
and set-up locations for the following items:
• Alcoholic and Nonalcoholic Concession and/or Beer Garden areas.
• Food Concession and/or Food Preparation areas ` had /f(S
Please describe how food will be served at the event: �f J
/ S o t/143 ii}A J
If you intend to cook food in the event area please specify the method:
GAS ELECTRIC ( CHARCOAL OTHER (Specify):
➢ Portable and/or Permanent Toilet Facilities
Number of portable toilets: (1 for every 250 people is required, unless the
applicant can show that there are facilities in the immediate area available to the public
during the event)
Tables and Chairs
Fencing, barriers and/or barricades
Generator locations and/or source of electricity
31, Canopies or tent locations (include tent/canopy dimensions)
Y Booths, exhibits, displays or enclosures
• Scaffolding, bleachers, platforms, stages, grandstands or related structures
Vehicles and/or trailers
✓ Other related event components not covered above
➢ Trash containers and dumpsters
(Note: You must properly dispose of waste and garbage throughout the term of your
event and immediately upon conclusion of the event the area must be returned to a clean
condition.)
Number of trash cans: /.3'av Trash containers with lids:
Describe your plan for clean-up and removal of waste and garbage during and after the event:
nn04itz, ties D
Pi-ek Cl4444?../441,es 4viu21 -4`
rdn
Please describe your procedures for both Crowd Control and Internal Security:
hat r4, e ihizzo eas"
pet
YES ✓ NO Have you hired any Professional Security organization to handle security
arrangements for this event? If YES, please list:
Security Organization:
Security Organization Address:
Security Director (Name): Phone:
YES ENO Is this a night event? If YES, please state how the event and surrounding area
will be illuminated to ensure safety of the participants and spectators:
Pleas { indicate what arrng-ment you have made for provid. g First Aid taffing . nd Equi s ment.
Please describe your Accessibility Plan for access at your event by individuals with disabilities:
Pease provide a detajllectdescription of your P A RKING Ian:
il�Ce}/i I�t- 5coi -Frig, / - . _ 4-t`h..4-
l.�b bi B ea
Please describe your plan for DISABLED PARKING:
71n d `' dhs26/c� pii4j-s72//s L r oodEd
(Ii 4&!h m 4i&c/ 4f6ec-i/yy4
)49iegq6/
4
Please describe your plans to notify all residents, businesses and churches impacted by the
event:/ j 4116ed iteitzett
d-1
NOTE: Neighborhood residents must be notified 72 hours in advance when events are
scheduled in the City parks.
YES _ NO Are there any musical entertainment features related to your event? If YES,
please state the number of stages, number of bands and type of music.
Number of Stages: % 1 Number of Bands:
Type of Music: Cam% %LIST% t vt ..vi pS
1/YES _ NO Will sound amplification be used? If YES, please indicate:
1
Start time:
aFinish Time
k YES _ NO Will sound checks be conducted prior to the event? If YES, please indicate:
Start time: 7 am rinish Time am/'
Please describe the sound equipment that will be used for your event:
_ YES " NO Fireworks, rockets, or other pyrotechnics? If YES, please describe:
fG yES _ NO Any signs, banners, decorations, special lighting? If YES, please describe:
Revised 08/10/05
5
Event:
,for Office 'Use Only
Department Date
Approved? Yes No Initial
Specific Conditions of Approval
Council Meeting Date:
Approved: Yes No
Vote:
Kathleen Trees, Director
Building & Safety Department
6
City of National City
PUBLIC PROPERTY USE HOLD HARMLESS AND
INDEMNIFICATION AGREEMENT
Persons requesting use of City property, facilities or personnel are required to
provide a minimum of $1,000,000 combined single limit insurance for bodily
injury and property damage which includes the City, its officials, agents and
employees named as additional insured and to sign the Hold Harmless
Agreement. Certificate of insurance must be attached to this permit.
Organization t�O rt4t2 ?; ( k vZ,1 t ELI 2)
Person in Charge of Activity dIi ?Jaz) E.
Address / q%`/ �W �F74 I ie- neLh?IJ q y
Telephone (p 1, q333 Date(s) of Use /0 " 3 ` In
HOLD HARMLESS AGREEMENT
As a condition of the issuance of a temporary use permit to conduct its activities
on public or private property, the undersigned hereby agree(s) to defend,
indemnify and hold harmless the City of National City and the Parking Authority
and its officers, employees and agents from and against any and all claims,
demands, costs, losses, liability or, for any personal injury, death or property
damage, or both, or any litigation and other liability, including attomeys fees and
the costs of litigation, arising out of or related to the use of public property or the
activity taken under the permit by the permittee or its agents, employees or
contractors.
Signature tc
Official Title
nt
rtr/I6
Date
For Office Use Only
Certificate of Insurance Approved Date
Non-profit organizations, which meet the criteria on page v of the instructions, will
be considered for a waiver. If you would like to request a waiver of the
processing fees, please complete the questionnaire below.
1. Is the event for which the TUP is sought sponsored by a non-profit
organization?
/Yes (proceed to Question 2)
No (Please sign the form and submit it with the TUP
Application)
2. Please state the name and type of organization sponsoring the event
for which the TUP is sought and then proceed to Question 3.
Name of th.!_aponsorino or j niza n��
�n 2t2Slt� ( LU gk ol- rf vt
Type of Organization alllie CI
(Service Club, Church, Social Service Agency, etc.)
3. Will the event generate net income or proceeds t the sponsoring
organization?
Yes (Please proceed to Question 4)
VNo (Please sign the form and submit it with the TUP
Application)
4. Will the proceeds provide a direct financial benefit to an individual
who resides in or is employed in the city, and who is in dire financial
need due to health reasons or a death in the family?
Yes (Please provide an explanation and details.
No (Please proceed to Question 5)
8
5. Will the proceeds provide a direct financial benefit to city
government such as the generation of sales tax?
Yes (Please provide an explanation and details.
No (Please proceed to Question 6)
6. Will the proceeds provide a direct financial benefit to a service club,
social services agency, or other secular non-profit organization
located within the city such as Kiwanis, Rotary, Lions, Boys and
Girls Club?
Yes (Please provide an explanation and details.
No (Please proceed to Question 7)
7. Will the proceeds provide a direct financial benefit to an
organization, which has been the direct recipient of Community
Development Block Grant (CDBG) funding?
Yes Year funds were received:
Funds were used to:
No (P lease sign the form and submit it with the TUP
Application)
9
rid /0
Date
DV .f bi c:Id
MAPQUEST
Map of 1920 Sweetwater Rd
National City, CA 91950-7628
yt 1,11
;oio avf
PevolAon
t Queri Portions ki2010 NA17EQ a i-cuhetl
rihts reserved_ Use sub eel to License/Co• 1 Map Legend
Directions and maps are informational o- We make no warranties on the accuracy of their content. road conditions or route usability or
expeditiousness_ You assume all ri use. MapQuest and its suppliers shall nal he liable to ycar far any loss or delay resulting from your
use of Mapauest. Your use of M- .uest means you agree to our terms of Use
¶VM4°Y4
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City of National City, California
COUNCIL AGENDA STATEMENT
METING DATE September 21, 2010 AGENDA ITEM NO.
18
ITEM TITLE TEMPORARY USE PERMIT — St. Mary's Fall Festival & Fund Raiser hosted by St. Marys
Church on October 3, 2010 at the Parish Grounds located on 426 E. 7th Street from 7 a.m. to 6:30 p.m. with
no waiver of fees.
PREPARED BY Vianey Rolon, 336-43964 DEPARTMENT Neighborhood Services Division
EXPLANATION
This is a request from St. Mary's Church to conduct the 2010 St. Mary's Fall Festival & Fund Raiser event
at their Parish Grounds on 8`h & E. Ave. on October 3, 2010. This event features approximately 20 vendor
booths, including food booths, Knight's of Columbus, and religious booths.
In addition to a request for N.C.S.V. and Reserves, internal security will be provided by St. Mary's Church.
Environmental Review X N/A
Financial Statement
The City has incurred $237.00 for processing the
TUP through various City departments, plus $600.00 for the Fire permits.
Total fees are $837.00.
Approved By:
Finance Director
Account No.
STAFF RECOMMENDATION
Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval
with no waiver of fees.
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below) Resolution No.
Application for a Temporary Use Permit with recommended approvals and conditions of approval.
A-200 (9/99)
Actual Event Hours- TAW—wit/pm to(p,'�i) a
? 1�J
Setup/assembly/construction Da
Type of Event:
_ Public Concert
Parade
Motion Picture
Fair
Demonstration
Grand Opening
Festival
Circus
Other
jj Event Title. tit l' 651i +
i\t N
Event Location: r ()Lnc5
Event Date(s): From 6, 3 __lit, _-_6 (f Total Anticipated Attendance:
Month/Day/Year / Participants)
( ✓ Spectators)
Community Event
Block Party
Start timetilaitr±___
Please describe the scope of your setup/assembly work (specific detailsnQ tLk, Q
CL�s� rnb It Or)t-hts rate— R \ boot ,ks
oxie-c ft,
Dismantle DatethDtk_ (0 4� Completion Time :en an
List any street(s) requiring closure as a result of this event. Include streetname(s), day and
time of closing and day and time of reopening_
Ito Srr�� eit- iu.o
Sponsoring Organization O I L. (1&i For Profit
tt.r-lt s (' Not -for -Profit
Chief Officer of Orsanization (Name
Applicant (Name):
Address: itafp /413 i- �A--
Daytime Phone: titiq_ � it1 l7 itz4ening Phone: i icbtitx.pl t4Fax: ( )
Contact Person "on site" day of the event 14 of
Pager/Cellular:
S(--eePr
NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT
AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS
Is your organization a 'Tax Exempt, nonprofit" organization? '(, YES NO
Are admission, entry, vendor or participant tees required? [_ YES NO
If YES, please explain the purpose and provide amount(s):
$ Estimated Gross Receipts including ticket, product and sponsorship sales from
this event.
$ Estimated Expenses for this event_
$ What is the projected amount of revenue that the Nonprofit Organization will
receive as a result of this event?
Please provide a DETAILED DESCRIPTION of your event_ Include details regarding any
components of your event such as the use of vehicles, animals, rides or any other pertinent
inmation about} the every-
1 G� tot 1� C00Ct p OAS to'k_�i glr�Ct],t �" c�iit
e tdh V\t,t� � ��� Ooluwhtts
A r6 rtAJe u, 5 cr%a o o s
5 kc io secd t Qcelm '
1inl� t s P.u.e tI
YES NO If the event involves the sale of cars, will the cars come exclusively from
National City car dealers? If NO, list any additional dealers involved in the
sale:
2
_YES 1NO Does the event involve the sale or use of alcoholic beverages?
if
YES NO Will items or services be sold at the event? If yes, please describe:1°04 Soll-drujcs
�nvn�h btu. flri`nlcirr }S IA)lu ,hr] i,d t -
YFS �NO -loess tt e event involve m in ro to of any kind along streets, sidewalks or
highways? If YES, attach a detailed map of your proposed route indicate the
/ direction of travel, and provide a written narrative to explain your route.
YES i! NO Does the event involve a fixed venue site? If YES, attach a detailed site map
showing all streets impacted by the event.
j/YES NO Does the event involve the use of tents or
Number of tenticanopies '— Size
NOTE: A separate Fire Depprtment perrBil i
,0 r g_ t700 VA&C Wk.
YES 'NO
nopies? If YsS:
$ required for tents o� . nopi-
Will the event involve the use of the City stage or PA system?
In addition to the route map required above, please attach a diagram showing the overall layout
and set-up locations for the following items:
• Alcoholic and Nonalcoholic Concession and/or Beer Garden areas.
> Food Concession and/or Food Preparation areas .{{''
Please describe how food wilt be served at the event
a ku 1sk‘ l}Q---�j U0("W 6 pl'vL
� Q-Aoi�\ C �.il t Ci xe-e �r1
If yo intend to c food in the e �ent area please specify the method:
, GAS LECTRIC t/CHARCOAL OTHER (Specify):
Portable and/or Permanent Toilet Facilities
Number of portable toilets: (1 for every 250 people is required, unless the
applicant can show that there are facilities in the immediate area available to the public
during the event)
• Tables and Chairs
Fencing, barriers and/or barricades
➢ Generator locations and/or source of electricity
• Canopies or tent locations (include tent/canopy dimensions)
• Booths, exhibits, displays or enclosures
y Scaffolding, bleachers, platforms, stages, grandstands or related structures
• Vehicles and/or trailers
• Other related event components not covered above
• Trash containers and dumpsters
(Note: You must properly dispose of waste and garbage throughout the term of your
event and immediately upon conclusion of the event the area must be returned to a clean
condition.)
Number of trash cans: Trash containers with lids:
0 escribe your plan for clean-up and removal of waste and garbage during and after the event:
>u s O,r___ Q-UO` `'. t rt -1-1 /,_..;{.`5 9r '
Please describe your procedures for both Crowd Control and Internal Security: fix-) e), 1 • S
aik&A 000114b . qLQ CC � c1 � cQ _i.Jt_A
Tvootc(g_ok-kio . tAal c"ez. Wr
YES NO Have you hired any Professional Security organization to handle security
arrangements for this event? If YES, please list:
Security Organization:
Security Organization Address:
Security Director (Name): Phone:
YES 'vN0 Is this a night event? If YES, please state how the event and surrounding area
will be illuminated to ensure safety of the participants and spectators:
Please indicate what arrangement you have made for providing First Aid Staffing and Equipment.
Q,LAA e pcu Ib ‘ S ()Aka 9'r-- -1 s
Please describe your Accessibility Plan for access at your event by individuals with disabilities:
use 6 &b Q P ki
Please provide a detailed description of your PARKING plan:
Please describe your plan for DISABLED PARKING:
4
Please describe your plans to notify all residents, businesses and churches impacted by the
e gP1nLS lGs-�AA/Vb fX' L) US UM W a nee_ a t.1Tk1-io
Octay S jG��1.�1Ax-ta,Q��.S_ DANi � \�tk�.,�C(J _ i,�!►pp ��'�Q �.
NOTE: Neighli�rhood resi walk rri�ts a ifiZ'd�'L`hbuk�`hriakitar►� clWfferi evetitsa7
scheduled in the City parks-
'YES NO Are there any musical entertainment features related to your event? If YES,
please state the number of stages, number of bands and type of music_
Number of Stages:
Type of Mu&i�
Number of Bands:
�D
YES V NO Will sound amplification be used? if YES, please indicate:
Start time: am/pm Finish Time am/pm
_ YES J NO Will sound checks be conducted prior to the event? If YES, please indicate:
Start time:l l ' t m - am/pm Finish Time`? _ dv an
Please describe the sound equipment that will be used for your event:
YES INO Fireworks, rockets, or other pyrotechnics? If YES, please describe:
'YES _ NO Any signs, banners, decorations, special lighting? If YES please describe:
. I Q.6:CL MAaris:k \ o ,k,s_cA),,k.a_A,,wism (9,..mixr bo4-fAs
Cm, �orc
Revised 08/10/05
C kC Btn(yiki-`7!'-
errf
Event:
For Office 'Use Only
Department Date
Approved? Yes No Initial
Specific Conditions of Approval
Council Meeting Date:
Approved: Yes No
Vote:
Kathleen Trees, Director
Building & Safety Department
6
Non-profit organizations, which meet the criteria on pag of the instructions, will
be considered for a waiver. If you would like to reque a waiver of the
processing fees, please complete the questionnaire . -iow.
1. Is the event for which the TUP is sough sponsored by a non-profit
organization?
Yes (proceed to Question 2
No (Please sign the form a + submit it with the TUP
Application)
2. Please state the name and ty e of organization sponsoring the event
for which the TUP is sough nd then proceed to Question 3.
Name of the sponsoring ganization
Type of Organization
(Service Club, Church, Social S ce Agency, etc.)
3. Will the. event gener : to net income or proceeds t the sponsoring
organization?
Yes (Please roceed to Question 4)
No (Pleas sign the form and submit it with the TUP
Appl ation)
4. Will the pro eds provide a direct financial benefit to an individual
who reside in or is employed in the city, and who is in dire financial
need due t • health reasons or a death in the family?
Yes Please provide an explanation and details.
(Please proceed to Question 5)
8
City of National City
PUBLIC PROPERTY USE HOLD HARMLESS AND
INDEMNIFICATION AGREEMENT
Persons requesting use of City property, facilities or personnel are required to
provide a minimum of $1,000,000 combined single limit insurance for bodily
injury and property damage which includes the City, its officials, agents and
employees named as additional insured and to sign the Hold Harmless
Agreement. Certificate of insurance must be attached to this permit.
I
Organization krotact d 'k
Person in Charge of Activi
Addressact 14,�(Y��� `
TelephoneV12-li; .9,i Date(s) of Useo
HOLD HARMLESS AGREEMENT
As a condition of the issuance of a temporary use permit to conduct its activities
on public or private property, the undersigned hereby agree(s) to defend,
indemnify and hold harmless the City of National City and the Parking Authority
and its officers, employees and agents from and against any and all claims,
demands, costs, losses, liability or, for any personal injury, death or property
damage, or both, or any litigation and other liability, including attomeys fees and
the costs of litigation, arising out of or related to the use of public property or the
activity taken under the permit by the permittee or its agents, employees or
contractors.
Signature of Applicant
Official Title
Date
For Office Use Only
Certificate of Insurance Approved
Date
7
5. Will the proceeds provide a direct financial benefit to city
government such as the generation of sales tax?
Yes (Please provide an explanation and details.
/No (Please proceed to Question 6)
6. Will the proceeds provide a direct financial benefit to a service club,
social services agency, or other secular non-profit organization
located within the city such as Kiwanis, Rotary, Lions, Boys and
Girls Club?
Yes (Please provide an explanation and details.
t/No (Please proceed to Question 7)
7. Will the proceeds provide a direct financial benefit to an
organization, which has been the direct recipient of Community
Development Block Grant (CDBG) funding?
Yes Year funds were received:
Funds were used to:
No (P lease sign the form and submit it with the TUP
Application)
Signature Date
Aug-20-01 10:51A P_02
DIOCESE OF SAN DIEGO
APPLICATION FOR SPECIAL EVENTS COVERAGE
Name of Parish or (rfsttttu
� u Street Address: lj},a ( /-31-
City/State- i
N C ZIP Code: ks��
Lessee (Additional Insured) Info a t on
Name of Sponsoring Organization or
Inuividual Requesting Coverage
(Please Prins Lessee Name(sj or Organization)
Type of Special Event (Example: Wedding reception.
Anniversary party, Etc. - Please Specify):
Due of Event:
Time of Event From a ( y}-I To 6 ` 34 jN_ �
Approximate Number of Participants: +�'••
Is Liquor Being Served?
Lessee (Additional Inset d) Contact Person: n L Yes n
Nurse- 2 t\ 0( �+ ct -fo. L �"- I
Street Address p4 Y) e R t v' 15 Food Being Served'
t
City/Bute: � p Al;Code:q (q,y•p s No
Telephone: 1 r�Q 4 qaj l0
The Special Events coverage provides S1.000,000 Combined Single Limit Bodily Injury. Property Damage, and Host Liquor Liability
coverage per erent (not per claim).
This coverage is underwritten by TIG Insurance Corporation of America. Policy A7700038026314.
Cast of Coverage_ 5 Per Event
Coverage dots not apply to certain events such as. but not limited to:
• Sporting events including tctrnamenrs & camps
• Any carnival event
• Amusement rides. including mechanically operated dcviccs, trampolines, & rebounding devices
• Fireworks & fireworks displays
• Events Where a fee or admission is charged, unless all proceeds go to charity
• Events organized or operated by professional promotcrs/performers
• Events with attendance of mote than 1,000 persons
• Events which exceed 72 hours in duration
• Events Involving pool or lake activities
• Events involving recreationai vehicles
NOTIFICATION OF AN EVENT MUST REACH CATHOLIC MUTUAL
AT LEAST 15 DAYS IN ADVANCE OF THE EVENT.
SUBJECT TO APPROVAL BY C.M.G. AGENCY, INC.
Please make check payable to: Parish
COMPLETE AND RETURN THIS FORM TO:
Catholic Mutual
P.O. Box 857211
San Diego, CA 92186.572E
ATTN: Bob Lang
Phase report all claims to Catholic Mutual, Attn: Bob Lang at I-8S8-49O-8735.
DISTRIBUTION: Original: Catholic Maud. Capies to Lessee and Parish orinstinaion
CMRS-2zawr7.”I
City/State:
THE ROMAN CATHOLIC BISHOP OF SAN DIEGO, A CORPORATION SOLE, SAN DIEGO,
APPLICATION FOR SPECIAL EVENTS COVERAGE
Name of Parijsh or Institution:
vrIc k5• trek
Street Address: ` )1p E 'i !
_&. Y Zip code: g net-0
Lessee (Additional Insured) Information:
Name of Sponsoring Organization or
Individual Requesting Coverage
(Please Print Lessee Name(s) or Organization)
Lessee (Additi
Name:
Shed Address
City/State:
Telephone:
Conte Person { L
M �4iJ�.G, lik,(
�; rj t.0 Vi.cd..Qtk ` 151,44 -ood Being Served?
, ttai, Y�1l rP Code: t p
tcL _ ,3b't. o
•
Date of Event: Nr
Type of Spedal Event (Example: Wedding reception,
Anniversary party, Etc. - Please Specify)�l1 t t VQ-41Aal
Time of Event:
From 1 s bt Its 11To t
Approximate Number of Partidpants:
Is Liquor Being Served?
ed
Yes
Yea
No
No
The Special Events coverage provides $1,000,000 Combined Single Limit Bodily Injury, Property Damage,
and Host Liquor Liability coverage per event (not per claim).
This coverage is underwritten by Great American Assurance Company, Policy # 96 GLO 590934801
Cost of Coverage: Per Event
Coverage does not apply to certain events such as, but not limited to:
• Sporting events including tournaments & camps
• Any carnival event
• Amusement rides, including mechanically operated devices, trampolines, & rebounding devices
• Fireworks & fireworks displays
• Events where a fee or admission is charged& unless all proceeds go to charity
• Events organized or operated by professional promoters/performers
• Events with attendance of more than 1,000 persons
• Events which exceed 72 hours in duration
• Events involving pool or lake activities
• Events involving recreational vehicles
NOTIFICATION OF AN EVENT MUST REACH CATHOLIC MUTUAL
AT LEAST 15 DAYS IN ADVANCE OF THE EVENT.
* SUBJECT TO APPROVAL BY C.M.G. AGENCY, INC. *
Please snake check payable to the Parish where event is taking place
COMPLkit. AND RETURN THIS FORM TO; Mr. Robert Lang
Claims Risk Manager
P.O. Box 85728
San Diego, CA 92186-5728
Date of Event: Nro j M
Type of Special Event (Example: Wedding reception,
Anniversary party, Etc. - Please Specify[
Time of Event:
From -1 t 06 fthTo L
Approximate Number of Participants:
Is Liquor Being Served?
Lessee (Ado:ha 4! nsured�Conta t Person: - Yea
Name: 1f s �ti i () .�L� No
THE ROMAN CATHOLIC BLSHOP OF SAN DIEGO, A CORPORATION SOLE, SAN DIEGO, CA
APPLICATION FOR SPECIAL EVENTS COVERAGE
Name of Parish or Institution:
Marys( �1n carat,
Street Address: `''p al
}yt 5r
City/State: 1`ti Vas__Vas__zIP Code:
Lessee (Additional Insured) Information:
Name of Sponsoring Organization or
Individual Requesting Coverage
(Please Print Lessee Name(s) or Organization)
Street Address: t. O (g s ; ` Q r f' 16I Z 4
vww rciv` "4 1�lLX.. -ood Being Served,?
City/State: OA 1 Ip Code: C1�SO
Yes No
Telephone: t "3( .r)
The Special Events coverage provides $1,000,000 Combined Single Limit Bodily Injury, Property Damage,
and Host Liquor Liability coverage per event (not per claim).
coverage is underwritten by Great American Assurance Company, Policy 11 96 GLO 590934801
Cost of Coverage: Per Event
Coverage does not apply to certain events such as, but not limited to:
• Sporting events including tournaments & camps
• Any carnival event
• Amusement rides, including mechanically operated devices, trampolines, & rebounding devices
• Fireworks & fireworks displays
• Events where a fee or admission is charged, unless all pro, Peds go to charity
• Events organized or operated by professional promoters/performers
• Events with attendance of more than 1,000 persons
• Events which exceed 72 hours in duration
• Events involving pool or lake activities
• Events involving recreational vehicles
NOTIFICATION OF AN EVENT MUST REACH CATHOLIC MUTUAL
AT LEAST 15 DAYS IN ADVANCE OF THE EVENT.
* SUBJECT TO APPROVAL BY C.M.G. AGENCY, INC. *
I make check payable to the Parish where event is taking place
COMPLE 1'E AND RETURN THIS FORM TO: Mr. Robert Lang
Claims Risk Manager
P.O. Box 85728
San Diego, CA 92186-5728
City of National City, California
COUNCIL AGENDA STATEMENT
IJIEETING DATE September 21, 2010 AGENDA ITEM NO.
19
r/ ITEM TITLE TEMPORARY USE PERMIT — Tower of Terror sponsored by the National City Fire
//! Department on October 31, 2010 from 5pm to 9pm at Fire Station 34 located at 343 East 16th Street. This
is a National City sponsored event per Council Policy No. 804.
PREPARED BY
EXPLANATION
Vianey Rolon 336-4364 DEPARTMENT Neighborhood Services Division
This is a request from the National City Fire Department to conduct the Tower of Terror event on October
31, 2010 from 5pm to 9pm at Fire Station 34 located at 343 East 16th Street.
The event will use the Fire Department's Training Tower as a haunted house. Participants will enter the
tower via C Avenue. Upon exiting the tower, the yard will be used for a costume contest, face painting,
food, and distribution of candy. Participants will exit via D Avenue. Free hot dogs will be grilled and served
by the FFA.
Street parking will be available and volunteers will monitor flow of participants.
Environmental Review X N/A
Financial Statement
The City has incurred $237.00.00 for processing the
TUP through various City departments, and $621.00 for Public Works.
Total fees are $858.00
Approved By:
Finance Director
Account No.
STAFF RECOMMENDATION
Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval
and waiver of fees according to Council Policy No. 804.
BOARD / COMMISSION RECOMMENDATION
N/A
1A/2 o1D
ATTACHMENTS ( Listed Below) Resolution No.
Application for a Temporary Use Permit with recommended approvals and conditions of approval.
A-200 (9/99)
Type of Event:
Public Concert
Parade
Motion Picture
Fair _ Festival
_ Demonstration _ Circus
_ Grand Opening _ Other
,' Community Event
_ Block Party
Event Title: Nn t/GAL C ITy /—�/1Pr �L�ll /ntL"r�. (fIlltL e4 d %/2i
Event Location:
rye ort 3 `l %z, LL yiwei i bweA
Event Date(s): From r' P13'i J f0 to I01311 t G Total Anticipated Attendance: c;2°
Month/Day/Year
( Participants)
(Spectators)
Actual Event Hours. 7 � am/� pto� - CO am f
Setup/assembly/construction Date: !qv/ Start time: , '• fit'-
Please describe the scope of your setup/assembly work (specific details):
1
Dismantle Date:
Completion Time: am/pm
List any street(s) requiring closure as a result of this event. Include street name(s), day and
time of closing and day and time of reopening.
14,414
Sponsoring Organization: NAT7oNA L (i-ry f /- gehi yhiza _ For Profit
✓Not -for -Profit
Chief Officer of Organization (Name)t Y I it j )4
Applicant (Name): __DC i`l a ! 1 1 HVia. (.1.)^, ?`sA-C. 2
Daytime Phone:7/0) %f) _15,S'3 Evening Phone: ( ) Palle- Fax: ( )
Address: 1151 T6r r!rt•
Contact Person "on site" day of the event:
7('t) 7/ 3tY5
Pager/Cellular: 7 ' C- %I ,C (,- 3 5
NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT
AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS
1
Attachment 142
We are requesting to shut down "C" ave from 16th to 15th. We have done this in the past
years and will coordinate the closure with NCPD. This closure is for the safety of the
guests entering off of "C" st.
1 M41r L.
The "Tower of Terror" is the same event as in the past years. We will be utilizing the
training tower as a "haunted house". NCFFA will provide all the manpower and props
inside the tower. Guest will enter off the "C" st. gate and exit through the "D" st gate. A
NCFFA member will guide all guests through the tower. Lines will be set-up with banner
tape.
On duty and Off duty personnel will be on site to assist with the crowd. The event ends at
9:00 pm.
Is your organization a "Tax Exempt, nonprofit" organization?
Are admission, entry, vendor or participant fees required?
If YES, please explain the purpose and provide amount(s):
'AYES NO
YES ✓NO
$ Estimated Gross Receipts including ticket, product and sponsorship sales from
this event.
$ Estimated Expenses for this event_
$ What is the projected amount of revenue that the Nonprofit Organization will
receive as a result of this event?
Please provide a DETAILED DESCRIPTION of your event. Include details regarding any
components of your event such as the use of vehicles, animals, rides or any other pertinent
information about the event.
iiTf!\(1I' ntemT "- I
YES — NO If the event involves the sale of cars, will the cars come exclusively from
National City car dealers? If NO, list any additional dealers involved in the
sale:
2
YES v//NO Does the event involve the sale or use of alcoholic beverages?
V YES NO Will items or services be sold at the event? If yes, please describe:
YES V NO Does the event involve a moving route of any kind along streets, sidewalks or
highways? If YES, attach a detailed map of your proposed route indicate the
direction of travel, and provide a written narrative to explain your route.
YES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map
showing all streets impacted by the event.
_ YES / NO Does the event involve the use of tents or canopies? If YES:
Number of tent/canopies Sizes
NOTE: A separate Fire Department permit is required for tents or canopies.
YES NO Will the event involve the use of the City stage or PA system?
In addition to the route map required above, please attach a diagram showing the overall layout
and set-up locations for the following items:
➢ Alcoholic and Nonalcoholic Concession and/or Beer Garden areas.
➢ Food Concession and/or Food Preparation areas
Please describe how food will be served at the event:
If you intend to cook food in the event area please specify the method:
GAS ELECTRIC CHARCOAL OTHER (Specify):
> Portable and/or Permanent Toilet Facilities
Number of portable toilets: 1 (1 for every 250 people is required, unless the
applicant can show that there are facilities in the immediate area available to the public
during the event)
> Tables and Chairs
> Fencing, barriers and/or barricades
➢ Generator locations and/or source of electricity
➢ Canopies or tent locations (include tent/canopy dimensions)
> Booths, exhibits, displays or enclosures
➢ Scaffolding, bleachers, platforms, stages, grandstands or related structures
> Vehicles and/or trailers
➢ Other related event components not covered above
> Trash containers and dumpsters
(Note: You must properly dispose of waste and garbage throughout the term of your
event and immediately upon conclusion of the event the area must be returned to a clean
condition.)
Number of trash cans: - Trash containers with lids:
Describe your plan for clean-up and removal of waste and garbage during and after the event:
3
Please describe your procedures for both Crowd Control and Internal Security:
3i t j flit ni h i ; A r< 1-065,1
YES ,V NO Have you hired any Professional Security organization to handle security
arrangements for this event? If YES, please list:
Security Organization:
Security Organization Address:
Security Director (Name): Phone:
/YES NO Is this a night event? If YES, please state how the event and surrounding area
will be illuminated to ensure safety of the participants and spectators:
YAP-ci 1 lc; hrr : ,r/A b I. rf
Please indicate what arrangemen you have made for providing First Aid Staffing and Equipment.
/1\ eta: 1Aot nN4 cti
>
Please describe your Accessibility Plan for access at your event by individuals with disabilities:
Please provide a detailed description of your PARKING plan:
f
Please describe your plan for DISABLEQ PARKING:
V.
Please describe your plans to notify all residents, businesses and churches impacted by the
event:
/
NOTE: Neighborhood residents must be notified 72 hours in advance when events are
scheduled in the City parks.
_ YES _;%NO Are there any musical entertainment features related to your event? If YES,
please state the number of stages, number of bands and type of music.
Number of Stages: Number of Bands:
Type of Music:
/YES _ NO Will sound amplification be used? If YES, please indicate:
7-
Start time: anllp Finish Time 1 arn/pmi
_ YES _r' NO Will sound checks be conducted prior to the event? If YES, please indicate:
Start time: am/'pm Finish Time am/pm
Please describe the sound equipment that will be used for your event:
i
- YES ,/ NO Fireworks, rockets, or other pyrotechnics? If YES, please describe:
L YES _ NO Any signs, banners, decorations, special lighting? If YES, please describe:
Revised 08/10/05
5
Event:
for Office Use OnCy
Department Date
Approved? Yes No Initial
Specific Conditions of Approval
Council Meeting Date:
Approved: Yes No
Vote:
Kathleen Trees, Director
Building & Safety Department
6
City of National City
PUBLIC PROPERTY USE HOLD HARMLESS AND
INDEMNIFICATION AGREEMENT
Persons requesting use of City property, facilities or personnel are required to
provide a minimum of $1,000,000 combined single limit insurance for bodily
injury and property damage which includes the City, its officials, agents and
employees named as additional insured and to sign the Hold Harmless
Agreement. Certificate of insurance must be attached to this permit.
Organization h j I i CPfl L r Tc l y J J /23 (c(',iL ?7 f
Person in Charge of Activity .---I 1 \ -slY) ,,yam
Address ) c/ 3 � � 1�1 i%(')7/ Z t+/ T/ (// 9i95
Telephone 7t'C ?/> 4'3YDate(s) of Use (0Y // 2 /
HOLD HARMLESS AGREEMENT
As a condition of the issuance of a temporary use permit to conduct its activities
on public or private property, the undersigned hereby agree(s) to defend,
indemnify and hold harmless the City of National City and the Parking Authority
and its officers, employees and agents from and against any and all claims,
demands, costs, losses, liability or, for any personal injury, death or property
damage, or both, or any litigation and other liability, including attorneys fees and
the costs of litigation, arising out of or related to the use of public property or the
activity taken under the permit by the permittee or its agents, employees or
contractors.
Signature of Applicant
Official Title Date
For Office Use Only
Certificate of Insurance Approved Date
7
Non-profit organizations, which meet the criteria on page v of the instructions, will
be considered for a waiver. If you would like to request a waiver of the
processing fees, please complete the questionnaire below.
1. Is the event for which the TUP is sought sponsored by a non-profit
organization?
r Yes (proceed to Question 2)
No (Please sign the form and submit it with the TUP
Application)
2. Please state the name and type of organization sponsoring the event
for which the TUP is sought and then proceed to Question 3.
Name of the sponsoring organization / t/.%' / ( )
Type of Organization r' Afi
(Service Club, Church, Social Service Agency, etc.)
icrN
3. Will the event generate net income or proceeds t the sponsoring
organization?
Yes (Please proceed to Question 4)
V/ No (Please sign the form and submit it with the TUP
Application)
4. Will the proceeds provide a direct financial benefit to an individual
who resides in or is employed in the city, and who is in dire financial
need due to health reasons or a death in the family?
Yes (Please provide an explanation and details.
No (Please proceed to Question 5)
8
No (P lease sign the form and submit it with the TUP
Application)
)"-Ni it ��l %�-
5. Will the proceeds provide a direct financial benefit to city
government such as the generation of sales tax?
Yes (Please provide an explanation and details.
No (Please proceed to Question 6)
6. Will the proceeds provide a direct financial benefit to a service club,
social services agency, or other secular non-profit organization
located within the city such as Kiwanis, Rotary, Lions, Boys and
Girls Club?
Yes (Please provide an explanation and details.
No (Please proceed to Question 7)
7. Will the proceeds provide a direct financial benefit to an
organization, which has been the direct recipient of Community
Development Block Grant (CDBG) funding?
Yes Year funds were received:
Funds were used to:
Signature Date
9
Type of Event:
Public Concert
Parade
Motion Picture
Fair
Demonstration
Grand Opening
Festival
Circus
Other
1` Community Event
Block Party
Event Title: COST. V tAe t (ON L 5 ( j OC 4)Q r (e0-0\(
IU
Event Location: CF L: S,q l 1 Ok. 21-'
Event Date(s): From ND's( to 10/3 ( Total Anticipated Attendance: Sal'4
Actual Event Hours:
Month/Day/Yea
( Participants)
( Spectators)
Setup/assembly/construction Date:
Start time:
Please describe the scope of your setup/assembly work (specific details):
Poke $7/1-c76 /AJ ViteD
SEi - VP e Foe{ te5
Dismantle Date: P. 1 I (( Completion Time: am/pm
List any street(s) requiring closure as a result of this event Include street name(s), day and
time of closing and day and time of reopening.
Sponsoring Organization: C0/41fl (//!//7l/ geevi CES
For Profit
/Q n Not -for -Profit
Chief Officer of Organization (Name) �DefuO, httikie S
Applicant (Name): P001 P(Z
Address: M
Daytime Phone: ( ) }CKt490 Evening Phone: ( ) Fax: ( )
Contact Person "on site" day of the event: CP--US) Y (,0Z
Pager/Cellular: (v I I?Yo F833
NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT
AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS
1
Is your organization a "Tax Exempt, nonprofit" organization? , YES NO
Are admission, entry, vendor or participant fees required? _ YES NO
If YES, please explain the purpose and provide amount(s):
$ Estimated Gross Receipts including ticket, product and sponsorship sales from
this event.
$ What is the projected amount of revenue that the Nonprofit Organization will
receive as a result of this event?
Estimated Expenses for this event.
Please provide a DETAILED DESCRIPTION of your event. Include details regarding any
components of your event such as the use of vehicles, animals, rides or any other pertinent
information about the event.
{QN %7YT / /OW
7at��2 1 ei2P c. Z eJe ArT EL 311
3C7e SDuLS L X F rr 0 'Ai SP 'L4C
fqc
YES V `WO If the event involves the sale of cars, will the cars come exclusively from
National City car dealers? If NO, list any additional dealers involved in the
sale:
2
YES QO Does the event involve the sale or use of alcoholic beverages?
YES P( NO Will items or services be sold at the event? If yes, please describe:
YESK_ NO Does the event involve a moving route of any kind along streets, sidewalks or
highways? If YES, attach a detailed map of your proposed route indicate the
/ direction of travel, and provide a written narrative to explain your route.
V`' YES NO Does the event involve a fixed venue site? If YES, attach a detailed site map
showing all streets impacted by the event.
_ YES' NO Does the event involve the use of tents or canopies? If YES:
Number of tent/canopies Sizes
NOTE: A separate Fire Department permit is required for tents or canopies.
YES _ NO Will the event involve the use of the City stage or PA system?
in addition to the route map required above, please attach a diagram showing the overall layout
and set-up locations for the following items:
➢ Alcoholic and Nonalcoholic Concession and/or Beer Garden areas.
➢ Food Concession and/or Food Preparation areas
Please describe how food will be served at the event:
If you intend to cook food in the event area please specify the method:
GAS ELECTRIC CHARCOAL OTHER (Specify):
➢ Portable and/or Permanent Toilet Facilities
Number of portable toilets: (1 for every 250 people is required, unless the
applicant can show that there are facilities in the immediate area available to the public
during the event)
➢ Tables and Chairs
➢ Fencing, barriers and/or barricades
➢ Generator locations and/or source of electricity
➢ Canopies or tent locations (include tent/canopy dimensions)
➢ Booths, exhibits, displays or enclosures
➢ Scaffolding, bleachers, platforms, stages, grandstands or related structures
➢ Vehicles and/or traders
➢ Other related event components not covered above
➢ Trash containers and dumpsters
(Note: You must properly dispose of waste and garbage throughout the term of your
event and immediately upon conclusion of the event the area must be returned to a dean
condition.)
Number of trash cans: Trash containers with lids:
Describe your plan for clean-up and removal of waste and garbage during and after the event:
off C 5 jl oue -i1
3
Please describe your procedures for both Crowd Control and Internal Security:
St(RC,e (/L. LAir-e
YES Have you hired any Professional Security organization to handle security
arrangements for this event? If YES, please list:
Security Organization:
Security Organization Address:
Security Director (Name): Phone:
YES _ NO Is this a night event? If YES, please state how the event and surrounding area
will be illuminated to ensure safety of the participants and spectators:
Cy(57(toe) L(G.jfirA_)C1
Please indicate what arrangement you have made for providing First Aid Staffing and Equipment.
Please describe your Accessibility Plan for access at your event by individuals with disabilities:
ALL //k5 cce . f eu2
Please provide a detailed description of your PARKING plan:
Pv1.5-nnic. filet % PI9acutf4 .�aePoCI NO M) EZ L d ( S
Please describe your plan for DISABLED PARKING:
kJ!15 T7tSI R—re S)Po-7-5
4
Please describe your plans to notify all residents, businesses and churches impacted by the
event:
6\( (Lfki
NOTE: Neighborhood residents must be notified 72 hours in advance when events are
scheduled in the City parks.
YES
NO Are there any musical entertainment features related to your event? If YES,
please state the number of stages, number of bands and type of music.
Number of Stages: Number of Bands:
Type of Music:
V- YES _ NO Will sound amplification be used? If YES, please indicate:
Start time:
inish Time
_ YES XNO Will sound checks be conducted prior to the event? If YES, please indicate:
Start time: am/pm Finish Time
am/pm
Please describe the sound equipment that will be used for your event:
YES t1NO Fireworks, rockets, or other pyrotechnics? If YES, please describe:
YES
0 Any signs, banners, decorations, special lighting? If YES, please describe:
Revised 08/10/05
5
Event:
For Office 'Use OnCy
Department Date
Approved? Yes No Initial
Specific Conditions of Approval
Council Meeting Date:
Approved: Yes No
Vote:
Kathleen Trees, Director
Building & Safety Department
6
City of National City
PUBLIC PROPERTY USE HOLD HARMLESS AND
INDEMNIFICATION AGREEMENT
Persons requesting use of City property, facilities or personnel are required to
provide a minimum of $1,000,000 combined single limit insurance for bodily
injury and property damage which includes the City, its officials, agents and
employees named as additional insured and to sign the Hold Harmless
Agreement. Certificate of insurance must be attached to this permit.
Organization COMA l O lU ( C't � I�l C S
Person in Charge of Activity
POoy I
Address I((O C O '
Telephone'( ki. Iv0
Date(s) of Use 10 t 3 (
HOLD HARMLESS AGREEMENT
As a condition of the issuance of a temporary use permit to conduct its activities
on public or private property, the undersigned hereby agree(s) to defend,
indemnify and hold harmless the City of National City and the Parking Authority
and its officers, employees and agents from and against any and all claims,
demands, costs, losses, liability or, for any personal injury, death or property
damage, or both, or any litigation and other liability, including attorneys fees and
the costs of litigation, arising out of or related to the use of public property or the
activity taken under the permit by the permittee or its agents, employees or
contractors.
Signature of Applicant
t)tt-C CoorotA%, bTt ((0
Official Title Date
For Office Use Only
Certificate of Insurance Approved Date
7
REQUEST FOR A
WAIVER OF FEES
Non-profit organizations, which meet the criteria on page v of the instructions, will
be considered for a waiver. If you would like to request a waiver of the
processing fees, please complete the questionnaire below.
1. Is the event for which the TUP is sought sponsored by a non-profit
organization?
Yes (proceed to Question 2)
No (Please sign the form and submit it with the TUP
Application)
2. Please state the name and type of organization sponsoring the event
for which the TUP is sought and then proceed to Question 3.
Name of the sponsoring organization C l �( o /v( - S�
Type of Organization it4Lo c: 0C
(Service Club, Church, Social Service Agency, etc..
3. Will the event generate net income or proceeds t the sponsoring
organization?
Yes (Please proceed to Question 4)
\ Nq (Please sign the form and submit it with the TUP
Application)
4. Will the proceeds provide a direct financial benefit to an individual
who resides in or is employed in the city, and who is in dire financial
need due to health reasons or a death in the family?
Yes (Please provide an explanation and details.
No (Please proceed to Question 5)
8
5. Will the proceeds provide a direct financial benefit to city
government such as the generation of sales tax?
Yes (Please provide an explanation and details.
No (Please proceed to Question 6)
6. Will the proceeds provide a direct financial benefit to a service club,
social services agency, or other secular non-profit organization
located within the city such as Kiwanis, Rotary, Lions, Boys and
Girls Club?
Yes (Please provide an explanation and details.
No (Please proceed to Question 7)
7. Will the proceeds provide a direct financial benefit to an
organization, which has been the direct recipient of Community
Development Block Grant (CDBG) funding?
Yes Year funds were received:
Funds were used to:
No (P lease sign the form and submit it with the TUP
Application)
Ce2.....) bt/e3 t it0
Signature Da
9
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: September21, 2010
AGENDA ITEM NO. 20
EM TITLE:
Request from the Spearhead Seniors Group to use a City facility for their monthly senior activities as
outlined in the attached staff report.
PREPARED BY: Brenda E. Hodges, Director
PHONE: X4290
EXPLANATION:
See attached.
DEPARTMENT: Community Services
FINANCIAL STATEMENT:
ACCOUNT NO. n/a
APPROVED:
APPROVED:
Approving the request will result in fees and/or deposits as outlined in the attachment
ENVIRONMENTAL REVIEW:
n/a
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
Finance
MIS
STAFF RECOMMENDATION:
Provide staff direction as outlined in the attachment
BOARD / COMMISSION RECOMMENDATION:
n/a
ATTACHMENTS:
1. Explanation (2 pages)
2. Facility Use Application (6 pages)
3. MLK Cost Calculation (1 page)
Explanation for A200
Mayor and Council Members,
As part of the Service Reduction proposals considered at the August 10, 2010
workshop, the City Council voted to close the Senior Center on Fridays, and to
stop staffing outside events on Sundays by transitioning the existing groups to
new locations.
We've encountered some difficulties relocating the Spearhead Group.
'Spearhead Senior Citizens of National City' is a group of approximately 75-100
seniors, 80% of whom are National City residents (Towers). Two Sundays per
month, they have been holding events at Kimball Senior Center, which include
entertainment, dancing, socializing and serving food.
Due to the size of the group, the need for a dance floor, the availability of their
membership, and current policy restrictions, we have not yet been able to find
them a new location. Most City facilities are closed on Sundays.. The ones that
aren't (ie: Casa) are too small. They are a group of seniors on a fixed income,
and the $6 fee they charge for attendance barely covers the cost of the food and
band. Therefore they have no funding for the cost of facility rental. In the past,
the group has met at Kimball Senior Center on the 1st and 3rd Sundays of the
month from 9am-4pm for a total of 7 hours/day (x 2 events/mo = 14 hours/mo).
The group is requesting the use of MLK on the 1st Sunday of the month only,
from 9am-4pm (a total of 7 hours/mo). Council direction is requested. Several
options are presented for your consideration:
Option 1: Authorize use of MLK, and direct the Community Services
Department to sponsor the group since Policy 803 does not allow MLK to be
used for dances unless sponsored by a City Department. If they stopped having
dances as part of their activities, they could use MLK without sponsorship, but
their fees would be $601.65/month (based on the dates/times of their request,
the standard fee schedule, estimated attendance). Although they submitted a
request to use MLK, it is carpeted and not as conducive to dancing as the tile
floor at the Senior Center.
Option 2: Direct staff to revise Policy 804 to include this activity as a "Special
Event". As a co -sponsored City event, we would be allowed to waive fees of up
to $1000/day.
Option 3: Allow them to continue using the Senior Center, and direct staff to
revise the current fee schedule toinclude provisions to recover costs associated
with the cost of Recreation staff. Continued use of Kimball Senior Center would
require that we pay a part-time staff member to be present during their event
since the room/equipment isn't secure enough to allow groups to use the facility
unattended. The fees for Kimball Rec would be:
Rec Staff: $77 (7 hours x $11/hour)
Custodial: $44 (2 hours @ $22/hour)
Chairs/Tables: $49 (60 additional chairs, 4 additional tables)
$170
Plus, deposits of:
$60/kitchen: refundable
$100/cleaning: refundable
$50 building use fee: non-refundable
Custodial impact: this group requires more tables and chairs than are normally
set up for the Senior Center. PW could set these up on Thursday afternoon to
eliminate the cost of overtime required to set up on the weekend. The custodial
rate is $22/hour during regular hours or $35/hour for overtime. If this option is
approved, we will also require that the group clean up after themselves, and
require their attendees to wear shoes with non -marking soles, to prevent them
from forfeiting their cleaning deposit.
We would have to collect fees and deposits every month which would create a lot
of paperwork for the group and for the staff.
Considerations with Option 3:
a) unless Council waives fees/deposits, we will have to collect both on a
monthly basis, which increases the paperwork and financial burden for
the group.
b) if we make allowances for this group, we'll have to be consistent and allow
the other groups to continue using Kimball Senior Center on weekends
as well, since CSD staff can't impose rules on some and not all.
c) Facility Use Fees would need to be revised to allow us to charge for
reimbursement of staff time.
d) Since part time workers are limited to 999 hours per year, any staff hours
used to monitor these events, will reduce the hours they have available
for recreation programs throughout the rest of the year.
The applicant will be at the Council meeting to answer any specific questions you
may have.
.. CAUFt}RMIA —
ItT1ON[ el
IR[ORA$A Tgv
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
North Room i South Room Entire Facility
Date(s) of Use: a% • /f / Day(s) of Use: eA-Le/
�!
_ <J L'
Time of Use: From: : 0 v AM/PM To: q : ®1 M(AM/PM - INCLUDE SET-UP & CLEAN UP TIME
Type of Function/Activity: mac -,+.etas z 1
Is the event open to the public?
Name & Address of Organization/Group: 5pe24.44,-e
Non- profit organization: Ye/ No Tax ID # 3 / /6 c-yo 3 3
Anticipated Maximum Attendance:
Will Admission be charged?Amount $ Will this be a Fund Raising Event?
Equipment Requested: # of chairs %fa # of banquet tables /e) Stage
Podium/Microphone
Percentage of National City Residents
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: PILI-Lfe..0
Phone:
Name: Phone:
**PLEASE ATTACH SEATING DIAGRAM**
Use of Gas for Range and Oven:
Yes
No
r f
I-Iow many times in the last twelve months have you requested to use a City Facility? / Z/
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 ham)less 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 Say 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 COI'Y 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: � 6,- -/c,
PRINT NAME: Vaa- 6A-PC15VN
SIGNATURE: / Ja S,��rns�rn
Al )DRESS OF APPLICANT: J005/(� t�q t tI t34
CITY, STATE, AND ZIP CODE:.7) .. (T 6..1„ez i/ 9s U
PHONE: DAY .1y./fr71 it6}7AK NUMBER:
CONTACT PERSON ON THE DAY OF THE EVENT: v /' 4 -Ct>t J`
PHONE: 411.471 7 4 n, CELL ) Ltd - '7
HAVE YOUR COPY OF
APPLICATION IN
POSSESTON DURING USE
Please type or print clearly with a
Ballpoint pen. Complete
application must be submitted
and payment submitted in
advanced of the event.
Cotnmunity 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:
YES D 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
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 S1,000,000 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: 4.(a42Ar. s < ' ?ia7:44-0 ��' *�•
Person in charge of activity: ��Gi6A eh
Address: //5. .Gyy,( 7.24/ 71a f.‘ oyra.Y 4 d4 ?/ % 6-6
Telephone: t' /9-' ej77,--44G7E-Mail: �" "�
City Facilities and/ or property requested: AO", Lr�� ,G'�'L/ ft, ,ems-�'g` T 1 elf
Date(s) of use: 1L 7e "777-4n 7/1--
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 permit or its agents, employees or contractors.
'/- ¢ � s
Signature of applicant
Certificate of Insurance Approved by
ate
-6244 A 4,7/ 42,p02 `
Name and Title
. C53 D CERTIFICATE OF LIABILITY
INSURANCE OP ID
S1
DATE 0%oa oe
PRODUCER
Springbrook Insurance Agency
12975 Brookprinter Pl Ste 120
Poway CA 92064
Phone: 858-391-3001 Fax:858-391-3010
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 RV THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
NAIC It
INSURED
Council of Philippine American
P. O. Box 1504
National City CA 91951
INSURER A: St. Paul_ Travelers
INSURER E.
msuRERc:
(INSURER O.
--___......____._........--____
—_-. ___.--
INSURER E.
,COVERAGES
T HE
ANY
MAY
POLICIES.
LTN
PoLtCIES
REQUIREMENT,
PERTAIN,
NER
OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POL ICY PERIOD INDICATED NOTWITHSTANDING
TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
THE INSURANCE AFFORDED RY 1HE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE POLICY EXPIRATION
DATE(MAVDDIYYI , DATE (MMIOOIYY( LIMITS
A
X
GENERAL
IX
(
GENT
1
LIABILITY
COMMERCIAL GENERAL LIABILITY
i CI AIMS MADE I X j OCCUR
X660406X2933TCT08
04/10/08
I
04/10/09
j
I EACH OCCURRENCE $ 1000000
PREMISES( Eaocomce) 3100000
MED EXP MAL one Peron) { $ 5000
FERSONALBAP INJURY
GENERAL AGGREGATE
$ 1000000
$ 3000000
AGGREGATE LIMIT APPLIES PER:
PRO-
eCUCY I 1 JECT
ECT BLOC
i PRODUCTS- COMP/OP AGS
33000000
A
A
X
AUTOMOBILE tJABRJTY
�� ANY AUTO
I : ALL OWNED AUTOS
-SCHEDULED AUWS
.X I HIRED AUTOS
XNON-OWNED AUTOS
_
_....1 _.__._ ________.
1
-
X660406P.2933TIL08
{
04/10/08
j
04/10/09
I
COMcidest SINGLE LIMIT
(Ea accident)
$ 1000000
(Per Fnon)
BODILYsIuAY
(Per emidefltj iS
jj
I PROPERTY DAMAGE
IPA! accident)
GARAGE LIABILITY
I ANT AUTO
'
I AUTO ONLY- EA ACCID NT_
I -_
I $
i OTHER TITAN EA ACC
iAUTO 0lJLY: AGG
i
$
i
{
EXCESSAINBRELLA
1
TIARKRY
OCCUR I I CLAIMS MADE
DEDUCTIBLE -
RETENTION $
EACH OCCURRENCE
$
LAOGREGAIE
$
$
$
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY
ANY PROPRIET OR,PARTNER,EXFCI ITIVE
CLFlCERJMPMDER EXCLUDED?ELL
a yes. PRO'un0er
SPECIAL*1 PROVISIONS LeIcm
INC SIATU- 011-1-
ITORY LIMBS L ' ER
E.L. EACH ACCIDENT
..____.._..__........___._—
. DISEASE - EA EMPLOYEE
—._. _.
S
EL DISFASE • POLICY LIMIT
$
OTHER
DESCRIPTION OF
Certificate
Senior Association
OPERATIONS! LOCATIONS PfENICLc5 t EXCLUSIONS ADDED BY ENDORSEMENT
Holder is named as additional insured
J SPECIAL PROVISIONS
re: event for Spearhead
of National City, South County
CATE
CANCELLATION
KIMBALL
'Kimball Senior Association
1221 P Avenue
National City CA 91950
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. RUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UFON THE INSURER. ITS AGENTS OR
REPRESENTATIVES.
ArfTQh TE I7On9JN4!
4 ACORN CORPORATION 49RR
FACILITY USE PERMITS
COST CALCULATION WORKSHEET
Ic-^nt:
Spearhead
Date:
1st Sunday every month
* TeNU
.c� �,��
9am-4pm (7 hours)
100 people
ROOM RENTAL
Hourly Rates
Total
MLK-Dining
People
South
North
Entire Qty
Charge
Notes
0-73
$23.45
n/a
n/a
$0.00
73-149
n/a
$70.36
n/a
$0.00
150-221
n/a
$87.97
n/a
$0.00
222-294
n/a,
n/a
$117.26
$0.00
MLK- Dance/Assembly
0-100
101-157
$23.45
$29.32
n/a
n/a
n/a
n/a
7
$164.15
$0.00
158-300
n/a
$70.36
n/a
$0.00
301-472
n/a
$87.95
n/a
$0.00
472-630
n/a
n/a
$117.26
$0.00
Rec Centers and Casa
any
---
---
$23.45
$0.00
$70.36
$0.00
Kimball Senior Center
0-149
---
---
150-221
I $87.97
$0.00
Note: Service Clubs
$100.00
per month
$0.00
KITCHEN ($50 min)
$10.00
$0.00
iTODIAL
Rate
ation
$22/hr reg, or $35/hr OT
$35.00
7
$245.00
Set Up/Clean Up
1-100(2hr), 101-157(4hr), 158-300(6hr
$22/hr reg, or $35/hr OT
$35.00
2
$70.00
, 301-472(8hr), 473-630(10hr)
1
CHAIRS
$0.75
$1.00
150
$112.50
TABLES
10
$10.00
TOTAL FEES
$601.65
DEPOSITS
Kitchen:
Cleaning
$60.00
$100.00
Refundable
Refundable
$0.00
$100.00
1
_
Facility/Building Use Fee
$50.00
Non -Refundable
1
$0.00
Key Deposit
$100.00
Refundable
$0.00
Total Deposits
Fees reviewed/confirmed with:
Date:
ETING DATE:
CITY OF NATIONAL CITY, CALIFORNIA
COMMUNITY DEVELOPMENT COMMISSION
COUNCIL AGENDA STATEMENT
September 21, 2010
AGENDA ITEM NO. 21
ITEM TITLE:
HUD Monitoring Report of the Community Development Block Grant Program, HOME Investment
Partnerships Program, and Lead Based Paint Hazard Control requirements
PREPARED BY: Alfredo Ybardizs
PHONE: Ext. 4279
EXPLANATION:
DEPARTMENT: Community Developm
APPROVED BY:
FINANCIAL STATEMENT:
ACCOUNT NO.
Not applicable
ENVIRONMENTAL REVIEW:
Not applicable.
ORDINANCE: INTRODUCTION: FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
None
BOARD / COMMISSION RECOMMENDATION:
TACHMENTS:
..—D Monitoring Report
U.S. Department of Housing and Urban Development
Office of Community Planning and Development
Los Angeles Field Office, Region IX
611 W. 6'" Street, Suite 1000
Los Angeles, CA 90017
AUG
Chris Zapata, City Manager
City of National City
1243 National City Boulevard
National City, CA 91950-4301
Dear Mr. Zapata:
2010
SUBJECT: Fiscal Year 2010 On -Site Monitoring Report
On -Site Monitoring Review, July 19-22, 2010
Community Planning and Development Entitlement Grant Programs
On July 19-22, 2010, Dean Huseby, Community Planning and Development
Representatives, monitored the City's Cominunity Development Block Grant (CDBG) and
Home Investment Partnerships (HOME) programs carried out during Program Year 2008
(7/1/08-6/30/09). The purpose of the monitoring visit was to determine whether or not the City
was in compliance with the CDBG and HOME laws and regulations and effectively
administering the programs as outlined in the City's Consolidated Plan and Annual Action Plan
and as reported in the Consolidated Annual Performance and Evaluation Report (CAPER). Our
staff concentrated on the following program areas:
Community Development Block Grant (CDBG) Program
a. Eligibility
b. National Objectives
c. Subrecipient Management
d. Overall Management
Horne Investment Partnerships (HOME) Program
a. Program Progress
b. Program and Project Recordkeeping
c. Program and Project Monitoring
d. Resale or Recapture
e. Rental Housing Program
f New Homebuyer Program
Lead Based Paint
The monitoring involved the review of City files and reports, field inspections and
interviews with City staff. On July 22, 2010, an exit conference was held on -site with Chris
Zapata, Brad Ralston, Alfredo Ybarra, Carlos Aguirre, Frank Riley and Dean Huseby to discuss
the results of the monitoring visit.
As a result of the monitoring, we have identified two finding and two concerns. A
detailed monitoring report is enclosed. Please note that a finding is a deficiency in meeting
applicable program requirements for which sanctions or other corrective actions are authorized.
A concern is a performance problem not rising to the level of a finding. We would like to
recognize the dramatic improvements in administering your programs made during the past three
years.
Please provide a written response by September 17, 2010. We would also encourage you
to respond to the concerns identified in the report. We want to thank your staff for their
complete cooperation and prompt responses to our questions throughout the review. If you have
any questions, please contact Dean Huseby, Community Planning and Development
Representative, at (213) 534-2569.
Sincerely,
William Vasquez, Director
Office of Community Plannin
& Development
Enclosure
cc: Alfredo Ybarra
Carlos Aguirre
Frank Riley
2
MONITORING REPORT
City of National City, California
Community Development Block Grant (CDBG) Program
Home Investment Partnerships (HOME) Program
Lead Based Paint
Regulations outlined at 24 CFR Parts 570, Subpart 0, Performance Reviews, establish
the authority of the U.S. Department of Housing and Urban Development (HUD) to monitor the
City's CDBG Entitlement Program, and outline the general criteria for conducting such reviews.
In addition, regulations outlined at 24 CFR Part 92 Subpart L Penfonnuznce Reviews and
Sanctions establishes the authority of HUD to monitor the City's HOME Program.
On July 19-22, 2010, Dean Huseby, Community Planning and Development
Representative, monitored the City's CDBG and HOME Programs. During the visit, our staff
sampled several of the City's 2008 and 2009 program year activities. The CDBG review
emphasized compliance with national objectives, eligibility, subrecipient and overall
management and program progress. The HOME review focused on the City's rental and
homebuyer programs along with overall management and beneficiary agreements and program
progress. Our staff also reviewed the City's compliance with lead based requirements for the
HOME program.
ACTIVITIES
During our visit, our staff reviewed various aspects of the following programs and
activities:
CDBG:
1. Christmas in July City Clean -Up Day (2008-582)
2. Christmas in July Office Construction (2007-564)
3. Concrete Improvements (2008-584)
4. Community Youth Athletic Center - Champs for Life Program (2008-593)
5. Burn Institute Senior Fire and Burn Prevention Program
6. National City Library Literacy Services Program (2008-575)
7. National City Living History Farm Preserve (2006-542)
8. Community Food Bank of National City Project Hunger/Project
Independence(2008-576)
9. South Bay Community Services Juvenile Diversion Program (2008-578)
10. La Maestral Dental Clinic
HOME:
1. Habitat for Humanity — Farah family, 1441 Harding
2_ Casa Familiar— 1111 D Street
3. Summercrest Apartments — 2615 E. Plaza Boulevard
Findings & Concerns
Findings are made when there is non-compliance with statutory or regulatory
requirements. Findings require a response and taus[ be resolved by implementing specific
corrective actions.
Concerns bring to the attention of the grantee areas in which improvement could be
beneficial to the program, and if not addressed could be subject to findings in future program
reviews or follow-up visits. Also, concerns are often cited when the nature of the program is not
indicative of an overall pattern of program administration. Finally, concerns tend to be a matter
of incomplete or inconclusive program details, not the absence of such. Technically, while
concerns do not require a response from your agency, they are typically cited to give the City the
benefit of any doubt. For some concerns, we have recommended corrective action and requested
a response. We hope you will take a moment to discuss the issues identified in this report with
us, if there are any questions.
The Department made two findings during our recent review of the City's CDBG and
HOME Programs and noted two concerns.
CDBG ELIGIBILITY/NATIONAL OBJECTIVES
As outlined in the regulations at 24 CFR Part 570.200(a)(2), General Policies;
Determination of Eligibility -Compliance with National Objectives, each recipient must ensure
and maintain evidence that each activity assisted with CDBG funds meets one of the national
objectives: 1) Directly benefiting low- and moderate -income persons; 2)Aiding in the prevention
or elimination of slums or blight; or 3) Addressing activities which the recipient certifies are
designed to meet other urgent needs which pose a serious and immediate threat to the health or
welfare of the community where other resources are not available. Such evidence must be
maintained in accordance with criteria detailed at 24 CFR Part 570.208 (a-d), Criteria for
National Objectives and Part 570_506 Records to be maintained.
Regulations at 24 CFR Part 570, Subpart C — Eligible Activities. establish the general
policies that govern all programs and activities funded with. CDBG funds. Regulations detailed
at 24 CFR Part 570.201-207, Basic Eligible and Ineligible Activities, contain the specific
eligibility requirements and criteria that each program or activity must meet. It also defines the
standards under which the City's projects were reviewed.
Based on field visits, it would appear that each project met the eligibility and national
objectives requirements of the CDBG program, except as noted below_
Finding One — Public Facilities and Improvements
Condition: The City constructed and/or replaced sidewalks, curbs, gutters and drive
approaches in over fifty separate locations in the eligible neighborhoods. Two of the fifty
segments were in commercial and industrial locations. The commercial location was 901-907
East Plaza Boulevard. The industrial location was 222 West Plaza Boulevard.
Criteria: According to 24 CFR 570.208 (a) (1), "an activity that serves an area that is
not primarily residential in character shall not qualify" as an area benefit activity. The
regulations for area benefit further state in 24 CFR 570.208 (a) (v), "activities of the same type
that serve different areas will be considered separately on the basis of their individual service
area."
Cause: While the entire program was done in primarily residential areas, the City
should not have included the two locations in the scattered -site project.
Effect: By including segments in non-residential areas, the City risks not meeting one
the national objectives of the CDBG Program.
Corrective Action: To correct this violation, the City has two choices: 1) qualify the
two sites under another national objective; or 2) reimburse the CDBG Program for the
construction cost of the two sites. In addition, the City should revise its internal process to
require the Community Development staff to review and approve each location where the Public
Works Department intends to make these infrastructure improvements, including change orders.
Please provide a copy of its written policies and procedures ensuring that CDBG funds will only
be used in residential areas.
SUBRECIPIENT MANAGEMENT
Federal Regulations (24 CFR Part 570.503) describe the requirements of the City's
agreements with its subrecipients. In addition, the regulations list the specific elements that need
to be incorporated into these agreements. Section 570.501 indicates that the City's subrecipients
are subject to the .same federal requirements to which the grantee is subject. Section 570.502
ties in other federal requirements that affect the City's relationship with its subrecipients.
The following agreements were reviewed in this portion of the monitoring visit:
1. Christmas in July Clean Up Program
2. Senior Fire and Burn Prevention Program
No findings or concerns were made.
PROGRAM PROGRESS
Program Progress monitoring consists of a review of the projects and activities to
determine whether the City has the continuing capacity to carry out its CDBG and HOME
Programs in a timely manner. Included in this review are a sample analysis of projects,
observations regarding the City's management and control of the activities to assure timely
implementation, and a review of physical development projects to determine adequate progress.
Our review included observations regarding the level of overall progress, which is
evaluated through an analysis of the City's Line of Credit to determine the amount of CDBG and
HOME funds available compared with expenditures. In addition, some of the City's open
activities were reviewed and assessed. Review of individual activities included on -site
inspections to verify that the amount of work completed appeared consistent with the amount of
money expended. We want to recognize that the City has made tremendous strides in addressing
its previously identified deficiencies.
The following activities were reviewed on -site for progress:
1. Christmas in July Office Construction (2007-564) (Lori Ann Peoples & Vince
Reynolds)
2. Concrete Improvements (Carlos Aguirre)
3. Community Youth Athletic Center - Champs for Life Program (Carlos Barragan)
4. National City Living History Farm Preserve (Lori Ann Peoples and others)
5. Habitat for Humanity — Farah family, 1441 Harding (Karen Youel)
6. Summercrest Apartments — 2615 E. Plaza Boulevard (Janet Bianchini & Jarnie
Guffey)
7. Granger Hall Preservation (Carlos Aguirre)
S. Future project: International Corrununity Foundation community garden (Amy
Ca stensen)
CDBG Program timeliness has been a major issue with the Department. Pursuant to
Section 24 CFR 570.902(a), the standard for timeliness is that sixty days prior to the end of the
program year (April 30, 2010), the total amount of entitlement grant funds available in the
CDBG account is no more than 1.5 times the current program year funding level. On April 26,
2010, the City's timeliness ratio was already at 1.72.
On May 13, 2010, the City was notified that it did not meet the CDBG timeliness
requirements and was required to report quarterly on its progress in meeting the April 30, 2011
deadline. A workout plan was to be submitted by the City, and approved by our office on
August 12, 2010, that demonstrates how the. City will meet that deadline. If that deadline is not
met, the City will have its CDBG funds reduced. Our staff found that the City is making
sufficient progress in meeting the April 30, 2011 deadline.
For the HOME Program, the City is continuing to make progress in improving its status
among California HOME participating jurisdictions. Statewide it had ranked 89'h out of 92
participating jurisdictions earlier in the year and as of June 30th, it had improved its ranking to
68th. The City also met its commitment, reservation and disbursement requirement in the final
months this year. The City should however endeavor to make these deadlines earlier in the
program year in 2011.
Although the Conununity Development Block Grant — Recovery (CDBG-R) Program
was not part of this monitoring visit, it should be noted that as of July 15, 2010, the City has
4
disbursed 50% of its grant funds. This compares to an average of 35% for jurisdiction in the Los
Angeles Field Office.
No findings or concerns were made.
OVERALL MANAGEMENT OF TIIE CDBG AND HOME PROGRAMS
Conclusions in this program area touch on a wide range of program regulations
and are based on evidence of the grantees procedure for, and periodic assessment of
each activity funded under the program; tracking systems; program or activity selection
in the context of eligibility and national objectives; monitoring; record keeping; and
program integrity and controls.
Finding Two — ADA Compliance
Condition: In 2007, the City funded $50,000 for constructing the Christmas in July
warehouse office. Included in the project was a ramp to the front door of the office to provide
access to those with disabilities.
Criteria: According to 24 CFR 270.614, "the Architectural Barriers Act of 1968 (42
USC 4151-4157) requires certain Federal and Federally funded buildings and other facilities to
be designed, constructed or altered in accordance standards that insure accessibility to, and use
by, physically handicapped people."
Cause: The subrecipient constructed a ramp to provide access to their office; however, it
appears that the ramp did not rneet the requirements of the aforementioned Act. Of particular
concern, the ramp was constructed without hand railings. Other deficiencies may also exist. It
appears that the City did not reimburse the subrecipient for most of the costs associated with the
ramp after the violations were identified.
Effect: Without meeting the requirements of the Act, the ramp as it was constructed
constitutes a hazard and does not adequately provide access to those with disabilities.
Corrective Action: Since improvements were made to the building with CDBG funds,
the subrecipient must make the facility accessible to those with disabilities. Therefore, the City
must conduct a full evaluation of the ramp and identify all deficiencies associated with it. The
City must require the subrecipient to tither remove the rarnp or make sufficient alterations to the
ramp to meet the Act's requirements. If required, reconstruction of the ramp will be done at the
City's expense or any costs paid with CDBG funds that were associated with its initial
construction must be reimbursed to the CDBG program. To clear this finding, please provide our
office with the course of action the City will take to remedy this situation.
Concern One — Monitoring
Condition: The City has been remiss in documenting its monitoring of its subrecipients
in the past. However in the past couple months; the City has developed a monitoring schedule,
5
checklist and a written process. While two monitoring visits have been initiated using their
written process, neither has been concluded. The City's first monitoring visit was in July of
2010_ The City found that the project was completed according to the City's requirements. A
photograph was attached to the monitoring form but the rest of the form was not completed
because they felt that most of the questions did not apply to the project. The monitoring session
of the second subrecipient, Christmas in July, uncovered numerous issues which are in the
process of being addressed. Our staff did verify that the City monitored their HOME projects by
reviewing the Summercrest Apartment monitoring file.
Cause: While the processes are now in place, our staff concluded that the City has not
finalized its first two monitoring visits. Therefore our staff was not able to evaluate the
effectiveness of their monitoring processes.
Effect: Without proper documentation of its monitoring and technical assistance efforts,
the City cannot demonstrate that its subrecipients are adhering to the federal regulations.
Recommended Action: The City should take necessary steps to finalize both
monitoring visits. For the first, the form should be completed or modified to address that type of
activity. Regarding Christmas in July, while the City has been effectively using the monitoring
to provide the subrecipient with necessary technical assistance, the City should finalize the
monitoring form and document its findings. Then in writing, the City needs to put the
subrecipient on notice of the issues that need to be addressed and take necessary action to bring
the agency into compliance. Please provide copies of the first two completed monitoring visit
reports for our review.
Concern Two — IDIS Cleanup
Condition: The City has made a tremendous effort in cleaning up inaccurate data entries
made prior to hiring the current program staff. This is reflective in improving its statewide
ranking mentioned earlier in this letter. However, there are some remaining activities that need
to he deleted or combined with other activities in IDIS.
Cause: There are problems with the following activities that need to be corrected:
1) Activity No. 467 which was entered in as a Citywide New Construction activity
where only $7,386 was disbursed and no units constructed.
2) Activity No. 503 which was listed as an acquisition/rehabilitation activity at 1820 G
Avenue where $98,500 was disbursed but no units recorded. But there were 8 units
constructed at the same location in Activity No. 478.
3) Activity No. 318 which was a 2001 acquisition/new construction activity in the
1200 Block of Fig Court where $24,474 was disbursed for one unit but never closed
out. But there were 12 units acquired at the same location under Activity No_ 402.
4) Activity No. 433 which was a 2003 acquisition/new construction for 10 units where
only $1,550 was disbursed. This activity was listed as on Fig Court also but no
address was listed_ It is presumed that this was the same as Activities Nos. 318 and
402.
6
Staff believes that most of these expenditures were program delivery costs that should be
charged to administration.
Effect: By giving an activity several activity numbers, the City runs the risk of
exceeding its maximum per unit subsidy as required by HOME Program.
Recommended Action: The City needs to assess each of the above activities and either
combine them with other activities for the same address or if eligible, change the funds to
administration, provided it does not exceed the ten percent administrative cap for the HOME
program.
HOUSING REHABILITATION AND NEW HOMEBUYER PROGRAMS
Federal Regulations (24 CFR Part 92.205 (a) (1) allows participating jurisdictions to
provide incentives to develop and support affordable rental housing and homeownership
affordability through the acquisition (including assistance to homebuyers, new construction,
reconstruction, or rehabilitation of non -luxury housing with suitable amenities).
The following activities were reviewed during the monitoring visit:
1. Habitat for Humanity — Farah family, 1441 Harding
2. Casa Familiar— 111 1 D Street
3. Summercrest Apartments — 2615 E. Plaza Boulevard
There were no findings and concerns.
BENEFICIARY AGREEMENTS
Federal Regulations (24 CFR Part 92.504 (c) (5) require the participating jurisdiction to
enter into a written agreement when it provides assistance to a homebuyer or homeowner and
such agreements must conform to the requirements in 24 CFR Part 92.254 (a) or (b) as
applicable.
The following agreements were reviewed during the monitoring visit:
a. Cleanup Program
i. CDBG Agreement between the City and Christmas in July
h. Sununercrest
i. Lease Agreement — Lidia Snell
ii. Certificate of Compliance and HUD's Tenant Eligibility and Rent
Procedures - Lidia Snell
c. Casa Familiar
i. Promissory Note secured by deed of trust
ii. Covenants, Conditions and Restrictions
iii. Deed of Trust
7
d. Ahdihamid Farah and Amran Abdi — 1441 Harding Avenue (Habitat for
Humanity Project)
i. Secured Promissory Note (First Priority)
ii. Promissory Note Secured by Deed of Trust
iii. First —Time Homebuyer Promissory Note
iv. Promissory Note (AHP Homeownership Set -Aside Programs: IDEA and
WISH)
v_ Affordable Housing Resale Restrictions, Option to Designate Eligible
Purchasers and Option to Purchase upon Default
vi. Deed of Trust
vii. Sweat Equity Policy Agreement
viii. Habitat for Humanity Applicant and Family Information Application for
Housing
e. Christmas in July Homeowner Application forms and Contract Agreement
i. Eiko Cary, 615 E. 16th Street
ii. Robert and Milagro Johnson, 2619 E. 6'h Street
iii. Bernie McDonald, 1819 La Posada
There were no findings and concerns.
LEAD -BASED PAINT
Federal Regulations (24 CFR Part 92.355 require that housing assisted with HOME
funds be subject to the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846), the
Residential Lead -Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856), and
implementing regulations at part 35, subpart A, B, J, K, M and R of this title.
All HOME -funded rehabilitation projects were tested for lead -based paint and none of the
projects in recent years had lead dust hazards on the property.
The following project files were reviewed:
1. 1101-1 l l9 E Avenue
2. 304 E. 5th Street
3. 1111 D Avenue
There were no findings or concerns.
SINGLE AUDIT COMPLIANCE
"this review consisted of an evaluation of the City's performance in fulfilling the most
recent audit requirements of the CDBG program in accordance with OMB Circular A-133. The
review included post audit verification that the actions proposed by the grantee to clear audit
findings, as applicable, have been implemented. This included both actions taken by the grantee
prior to clearance of the audit and audit clearance based on promised future actions. Failure by
the grantee to implement actions as described in their audit response would have resulted in the
re -opening of the finding.
Audit Report: Mayer Hoffman McCann, PC
Audit lssued: February 10, 2010
Audit Period Fiscal Year ending 06/30/2009
Grant Number: CDBG: B-09-MC-06-0560 & HOME: M-09-MC-06-0522
The above audit report contained no new reportable conditions, questioned costs, or
instance of material noncompliance relating to the CDBG program.
9
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: September21, 2010
AGENDA ITEM NO. 22
M TITLE:
Local Armed Services Personnel Recognition.
Community Services/
PREPARED BY: Rudy Lopez and Angelita Marchante DEPARTMENT: City Manager's Office
PHONE: (619) 336-4560 or (619) 336-4219 APPROVED BY:
EXPLANATION:
Upon request from the City Council, staff has researched ways the City could recognize members of the
Armed Forces with ties to National City. Currently the City recognizes fallen service personnel at the
Kimball Bowl War Memorial while WaI-Mart uses their Wall of Honor to recognize local heroes (store
currently undergoing remodel) and the National City Chamber of Commerce hosts an annual Salute to Navy
Luncheon (City sponsored) and a Salute to Navy Shipboard Reception. Staff has found several examples
of how municipalities and private businesses are currently displaying other forms of recognition. Most of the
options are budget neutral, however others have a small cost attached to them.
The presentation outlines several options for Council consideration.
FINANCIAL STATEMENT: APPROVED: Finance
ACCOUNT NO. APPROVED: MIS
Unknown. Depends on the option approved by Council.
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
STAFF RECOMMENDATION:
Approve of the following methods of recognition:
1. Utilization of the lobby monitor to display photos of selected service personnel on a rotating basis
2. Creation of webpages to recognize all local personnel and list resources for service personnel, veterans and their families
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
City of National City, California
COUNCIL AGENDA STATEMENT
!EETING DATE September 21, 2010 AGENDA ITEM NO.
23
ITEM TITLE City Council Meeting Schedule — Review and Clarification
PREPARED BY Michael R. Dalla n/
EXPLANATION
See attached memo
DEPARTMENT City Clerk
Environmental Review X N/A
Financial Statement
Approved By:
Finance Director
Account No.
STAFF RECOMMENDATION
Review and provide direction.
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS ( Listed Below) Resolution No.
Memo to Mayor and Council
A-200 (9/99)
INCt503tPerED
OFFICE OF THE CITY CLERK
1243 National City Blvd., National City, CA 91950
619-336-4228 phone • 619-336-4229 fax
September 1, 2010
TO: Mayor & Council
FROM: City Clerk
SUBJECT: City Council Meeting Schedule
In looking ahead at the upcoming City Council meeting schedule for
the months of October, November, December and January, it is clear
that there are some areas that require City Council review and
clarification.
The regular meeting schedule (if unmodified) will be:
October 05
October 19
November 02
November 16
December 07
December 21
January 04
Regular Meeting
Regular Meeting
Election Day (no meeting)
Regular Meeting
Regular Meeting
Regular Meeting
Regular Meeting
The issues that need to be considered and addressed by the City
Council are as follows:
• Due to the fact that there is no meeting on election day
(Nov. 2nd) there will be a four -week period between
meetings (October 19th — November 16`h)
• Due to the furlough closure approved by the Council, City
Hall will be closed for two weeks from December 20t
through December 30th. Does the Council intend to hold
the Regular Meeting on December 21st when City Hall is
closed?
• With the two week closure in December there will be no
public or staff (or limited staff) present to submit items
and/or prepare an agenda for the Regular Meeting on
January 4th. Does the Council intend to hold or dispense
with the January 4th meeting?
It would be advisable for the Council to consider the above issues and
provide direction as soon as possible to allow proper scheduling and
notice for future meeting.
r
TING DATE:
CITY OF NATIONAL CITY, CALIFORNIA
COMMUNITY DEVELOPMENT COMMISSION
COUNCIL AGENDA STATEMENT
September 21, 2010
AGENDA ITEM NO.214
ITEM TITLE:
A Resolution of the Community Development Commission of the City of National City adjusting the Section 8
Fund appropriations by $572,200, due to increased rental assistance to families. Section 8 received $1.2 million
in Extraordinary Administration Fees to subsidize the additional expenditures.
PREPARED BY: FRoxanna E. Galvan, 474:5A-
PHONE: Ext. 4269
EXPLANATION:
DEPARTMENT' Finance Depgrtment
APPROVED B
Jeanettetadrido�A
Finance Director
During the fiscal year 2009-10, the Community Development Commission (CDC) of National City (CA116)
experienced unforeseen circumstances which resulted in increase in the operational expenses of its Housing
Choice Voucher (HCV) Program. With the current economic conditions, family' contributions towards rent
expenses have significantly decreased. In addition, federal and state grants to eligible needy families have also
been reduced. The CDC therefore requested and received an extraordinary administrative fees of $1,200,000
from the Department of Housing and Urban Development's (HUD) to be utilized to make rental assistance
payments to families at risk of termination as well as for any program improvements that are necessary to
improve the management and operation of the HCV program.
4, Section 8 Housing Program exceeded it's total appropriations for FY 2009-10 by $572,200. This amount was
ered by the extraordinary administrative fee received by the CDC and appropriations were never adjusted
cordingly. It is staffs recommendation that the appropriations for the 'Housing Assistance Payment' line item
be increased by the amount exceeding total appropriations ($572,200). _
FINANCIAL STATEMENT: APPROVED:
ACCOUNT NO. APPROVED:
502-445-462-602-0000 $572,200
502-45462-3615 $1,200,000
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
MIS
STAFF RECOMMENDATION:
Approve the adjustments to the Fiscal Year 2009-10 Section 8 Fund budget.
BOARD / COMMISSION RECOMMENDATION:
ACHMENTS:
achment A - Letter to HUD requesting Extraordinary Administrative Fee
Attachment B - EDEN expenditure and revenue reports
Attachment C - Resolution
„ R -'meni. Ps”
The Community Development Commission (CDC) of National City (CA116) has
experienced unforeseen circumstances which resulted in increase in the
operational expenses of its Housing Choice Voucher (HCV) Program. This
increase in Housing Assistance Payments (HAP) coupled with the Department of
Housing and Urban Development's (HUD) offset effective June 2009, resulted in
a funding shortfall for the Calendar Year 2009 totaling $1,195,389.
With the current economic conditions, family' contributions towards rent
expenses have significantly decreased. In addition, federal and state grants to
eligible needy families have also been reduced. Below are some of income
reductions that resulted in decrease in tenants' portion of rent:
➢ State Supplemental Income (SSI) - 41% or 433 families affected
➢ Temporary Assistance to Needy Families (TANF) - 17.39% or 185 families
affected
➢ Unemployment Insurance Benefits (UIB) — 4.5% or 48 families lost
employment or reduced hours of employment
➢ Child Support — 11.84% or 126 families decreased or stoppage of support
due to absent parents' reduction or lost of income
Our agency's records indicate a Net Restricted Asset (NRA) of $799,152 as of
December 31, 2008. HUD is offsetting $1,025,301 in monthly increments
effective June 2009 to December 2009. The offset together with the increase in
HAP expenses will result in a shortfall of approximately $1,195,389 for the
remaining calendar year of 2009. The average monthly HAP expense is
$703,000. HUD's Budget Authority funding for CY 2009 after offset is at
$6,436,912 while the agency's projected HAP expenses is at $8,431,453. The
agency has taken measures to reduce its expenses such as reduction in
payment standard (90% of FMR), downsizing program size by way of attrition
(although families tend to hold longer to their vouchers because of the economy)
and possibly terminating current participants from the program as a last resort.
Currently, the agency has no administrative fee reserve and had utilized its NRA
of $799,152 since the start of CY 2009.
The CDC is therefore requesting from your Department extraordinary
administrative fees of $1,200,000 to be utilized to make rental assistance
payments to families at risk of termination as well as for any program
improvements that are necessary to improve the management and operation of
the HCV program.
1
A staff member of this agency is scheduled to attend a HUD sponsored Financial
Reporting for HCV Program seminar on August 24 — 25, 2009 in Philadelphia,
PA.
Our agency is looking forward for assistance from your Department to mitigate
the shortfall and to prevent termination of assistance for HCV participants.
Sincerely,
Hermi Oliveria
Housing Programs Manager
CA116
City of National City
A chrn 1+-
expstat.rpt
08/11/2010 3:32PM
Periods: 0 through 14
Expenditure Status Report
CITY OF NATIONAL CITY
7/1/2009 through 6/3012010
Page: 1
502 SECTION 8 FUND
404 FINANCE
Account Number
045 GENERAL ACCOUNTING SERVICES
045-100 Personnel Services
045-100-0000 PART-TIME SALARIES
045-101-0000 FULL-TIME SALARIES
045-120-0000 DIFFERENTIAL PAY
045-140-0000 WORKERS' COMPENSATION
045-150-0000 HEALTH INSURANCE
045-160 0000 RETIREMENT PLAN CHARGES
045-161-0000 MEDICARE
Total GENERAL ACCOUNTING SERVICES
046 REVENUE 8 RECOVERY
046-100 Personnel Services
046-100-0000 PART-TIME SALARIES
046-101-0000 FULL-TIME SALARIES
D46-120-0000 DIFFERENTIAL PAY
046-140-0000 WORKERS' COMPENSATION
046-150-0000 HEALTH INSURANCE
046-160-0000 RETIREMENT PLAN CHARGES
046.161-0000 MEDICARE
Total REVENUE & RECOVERY
Total FINANCE
Adjusted Year-to-date Year-to-date
•
Appropriation Expenditures Expenditures Encumbrances
0.00
0.00
0.00
0 00
0.00
0.00
0.00
000
0.00
0.00
0.00
0.00
0.00
000
0.00
0.00
0.00
1.574.00 1,574.00
10,706 75 10.706 75
662.68 662.68
124 74 124.74
1.329.56 1,329.56
2,83081 2930.81
185.14 185.14
17,413.68 17.413.68
000 000
38.16 38.16
0.95 0.95
0.75 0.75
075 075
8.96 8.96
0.57 0.57
50 14 50.14
17,463 82 17,463.82
Prct
Balance Used
0.00-1,574.00 000
000-10,706.75 0.00
0.00 -62.68 0.00
0.00-124.74 0.00
000-1,32956 0.00
000 -2 830 81 0.00
0.00 -185.14 0.00
D.00-17,413.68 0.00
000 0.00 0.00
0.00 -38.16 0.00
0.0D -0 95 000
0.00 -0.75 0.00
0.00 -0.75 0.00
0.00 -8.96 0.00
0.00 -057 000
0.00 50.14 0.00
0.00 -17,46382 0.00
Page: 1
expstatrpt Expenditure Status Report
08/11/2010 3:32PM CITY OF NATIONAL CITY
Periods: 0 through 14 7/1/2009 through 6/30/2010
Page: 2
502 SECTION 8 FUND
411 POLICE
Account Number
000 OPERATIONS
000.100 Personnel Services
Adjusted Year-to-date Year-to-date Prot
Appropriation Expenditures Expenditures Encumbrances Balance Used
000-101-0000 FULL-TIME SALARIES 17,995.00 17.095.68 17,095.68 0.00 899.32 9500
000102-0000 OVERTIME 0.00 0_00 0.00 0.00 0.00 0.00
000-120-0000 DIFFERENTIAL PAY 57200 586.83 586.83 0.00 -14.83 10259
000.140-0000 WORKERS' COMPENSATION 156.00 186.94 106.94 000 -30.94 119.83
000-150-0000 HEALTH INSURANCE 2,165.00 2,11533 2.115.33 0.00 49.67 97.71
000-100.0000 RETIREMENT PUN CHARGES 3.863.00 4.066.44 4,066.44 000 -223.44 105.81
000-161-0000 MEDICARE 269.00 268.78 266.7E 0.00 022 99.92
Total POLICE 25.00000 24,320.00 24,320-00 0.00 68000 97.28
Page: 2
expstat.rpt
08/11/2010 3:32PM
Periods: 0 through 14
Expenditure Status Report
CITY OF NATIONAL CITY
7/1/2009 through 6/30/2010
Page:
502 SECTION 8 FUND
445 COMMUNITY DEVELOPMENT DEPARTMENT
Account Number
462 HOUSING
462-100 PART-TIME SALARIES
462-100-0000 PART-TIME SALARIES
462-101-0000 FULL-TIME SALARIES
462-105-0000 LONGEVITY
462-110-0000 AUTO/UNIFORM ALLOWANCE
462-120-0000 DIFFERENTIAL PAY
462-1400000 WORKERS' COMPENSATION
462-1500000 HEALTH INSURANCE
462.151-0000 LTD INSURANCE
462-160-0000 RETIREMENT PLAN CHARGES
462-161-0000 MEDICARE
Total PART-TIME SALARIES
462-200 Special Services
462-201-0000 AUDITING SERVICES
462-213-0000 EXPERT & CONSULTANT SERVICES
462-222-0000 MEMBERSHIPS & SUBSCRIPTIONS
462-226-0000 TRAINING
462-230-0000 PRINTING & BINDING
462-234-0000 ELECTRICIN & GAS
462-248-0000 TEL & TEL & TELEGRAPH
462-2500000 POSTAGE
462-258-0000 TRAVEL & SUBSISTENCE
462-2680000 RENTALS &LEASES
462-299-000D CONTRACT SERVICES
Total Special Services
462-300 Matenals & Supplies
462-301.0000 OFFICE SUPPLIES
462-3080000 COMPUTER SUPPLIES
Adjusted Year-to-date Year-to-date prey
Appropriation Expenditures Expenditures Encumbrances Balance Used
31200.00 3,355.50 3.355.50
572206.00 56821565 568215.65
1,248.00 653.18 653.18
360.00 0.00 0 00
10400.00 11 69149 11 691.49
5,157.00 5 758 96 5,758.96
45,359.00 78.428.82 7842882
1,02000 1.076.72 1,078.72
136,380 00 133380.82 133,380.82
8.906.00 8,606.16 8,606.16
812244.00 811,107.30 811,16130
6,000.00 6,000.00 6,000.00
0.00 0.00 000
2500.00 2,101.00 2,101.00
3,138.00 3,138.00 3.138.00
800.00 150.33 15033
2500.00 0.00 0.00
3,690.00 3,684.57 3.684.57
8,500.00 7,677.18 7,677.18
2500.00 846.80 846.80
5100000 44,392.00 44392.00
18,462.00 3,026.34 3,021.34
99,090,00 71,01422 71.014.22
7.510.00 379142 3,791.42
2,400.00 0.00 000
0.00
0.00
0.00
0.00
0.00
000
0.00
0.00
000
0.00
0.00
0.00
000
0.00
000
0.00
2,500 00
543
7846
0.00
0.00
799 34
3,38323
0.00
0.00
27,644.50 10 75
3,990.35 99.30
594 82 5234
36000 000
-1,29149 11242
-601.96 111.67
-33069 82 172.91
-48.72 104.74
2.999-18 97.80
299.84 96,63
1076.70 99.87
0.00 100.00
000 0.00
399.00 8404
0.00 100.00
649.67 18.79
0.00 100.00
000 10000
744.36 91.24
165320 33.87
6.608.00 87.04
14,638.32 20.71
24,692.55 7508
3,71856 50.48
2,40000 0D0
f'ege: 3
expstat-rpt Expenditure Status Report
08/11/2010 3:32PM CITY OF NATIONAL CITY
Periods: 0 through 14 7/1/2009 through 8/3012010
Page: 4
502 SECTION 8 FUND
445 COMMUNITY DEVELOPMENT DEPARTMENT
Account Number
Adjusted Year-to-date Year-to-date Pict
Appropriation Expenditures Expenditures Encumbrances Balance Used
Total Materials & Supplies 9,910.00 3.791.42 3,791.42 0.00 6,418.58 3826
462-400 Fixed Charges & Debt Services
462435-0000 HOUSING ASSISTANCE PAYMENTS
462-452-0000 UNEMPLOYMENT INSURANCE
462-4920000 CREDIT REPORTS
Total Fixed Chown & Debt Services
462-600 Refunds, Contributions & Special Paymnts
462-602-0000 HOUSING ASSISTANCE PAYMENT'S
462-6030000 OTHER GENERAL EXPENSES
462-604-0000 BAD DEBTS EXPENSE
462005-0000 TENANT SERVICES EXPENSE
Total Refunds, Contributions 6 Special Paymnts
462-700 CDC GITY SERVICES
462-755-0000 INFO. SYSTEMS MAINT, CHARGE
462775-0000 TELECOMMUNICATIONS CHARGES
462-790-0000 INSURANCE CHARGES
Total CDC CITY SERVICES
Total COMMUNITY DEVELOPMENT DEPARTMENT
Total SECTION 8 FUND
Grand Total
000
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0.00
0 00
0.00
0.00
0.00
7,703.640.00 8263,24985 8283,249.85 0.00
0.00 7.693.44 7,69344 0.00
0.00 0.00 0.00 0.00
0.00 0.00 0.00 0.00
770364000 8,290,94329 8290,94329 000
10,777.00 10,776.96 10,776.96
7,335.00 7,335.00 7.335.00
28224 00 28,224 00 28,224.00
46,336.00 46,33596 46,335.96
8,671220.00 9223,252.19 9,223,252.19
0.00
000
0.00
0 00
579,609.05
-7.693.44
0.00
-587,303.29
0.00
000
0.00
0.00
107.52 yr
0.00
0.00
0.00
107.62
0.00 D.04 100.00
D.00 0.00 100.00
0.00 0.00 100.00
0.00 004 100.00
3,38323-555,415 42 106.41
8,696220.00 9 265,036 01 9265,036.01 3,36323-572.199 24 106.58
8,696220.00 9265.036.01 9 265,036.01 3,38323 -572,199.24 106 58
Page: 4
RESOLUTION NO. 2010 —
RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF NATIONAL CITY
AUTHORIZING THE FINANCE DIRECTOR TO ADJUST
THE SECTION 8 FUND APPROPRIATIONS BY $572,200,
DUE TO INCREASED RENTAL ASSISTANCE TO FAMILIES
WHEREAS, during Fiscal Year 2009-2010, the Community Development
Commission of the City of National City ("CDC") experienced unforeseen circumstances that
resulted in an increase in the operational expenses of its Housing Choice Voucher ("HCV")
Program; and
WHEREAS, accordingly, the CDC requested and received an extraordinary
administrative fee of $1,200,000 from the Department of Housing and Urban Development
("HUD") for rental assistance payments to families at risk of termination as well as for any
program improvements that are necessary to improve the management and operations of the
HCV program; and
WHEREAS, a portion of the funds provided by HUD were used for the Section 8
Housing Program, which exceeded its total appropriations for FYI 2009-2010 by $572,200; and
WHEREAS, staff recommends an increase in the appropriations for the Housing
Assistance Payment line item in the amount of $572,200.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
National City that the Finance Director is authorized to adjust the Section 8 Fund appropriations
by $572,200 for Fiscal Year 2009-2010.
PASSED and ADOPTED this 21st day of September, 2010.
Ron Morrison, Chairman
ATTEST:
Brad Raulston, Secretary
APPROVED AS TO FORM:
Claudia G. Silva
General Council, CDC
ETING DATE:
CITY OF NATIONAL CITY, CALIFORNIA
COMMUNITY DEVELOPMENT COMMISSION
COUNCIL AGENDA STATEMENT
September 21st, 2010
AGENDA ITEM NO. *5
ITEM TITLE:
Authorize the reimbursement of Community Development Commission expenditures in the amount
of $81,109.11 to the City of National City for the period of 8/11/10 through 8/17/1Q
PREPARED BY: 1K. Apalategui
PHONE: 619-336-4331'
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.
DEPARTMENT:
APPROVED BY:
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 $81,109.111
ENVIRONMENTAL REVIEW:
N/A;
ORDINANCE: INTRODUCTION: FINAL ADOPTION: 1
Finance
MIS
STAFF RECOMMENDATION:
Accept and File.
BOARD / COMMISSION RECOMMENDATION:
1N/A
ACHMENTS:
vvarrants for the period of 08/11/10 through 08/17/10
COMMUNITY DEVELOPMENT COMMISSION
Warrant Register # 7
8/17/2010
502 SECTION 8 FUND
505 HOME FUND
511 TAX INCREMENT FUND
522 LOW/MODERATE HOUSING FUND
335.60
1,250.00
78, 021.38
1,502.13
81,109.11
PAYEE
COMMUNITY DEVELOPMENT
BEARD
BOOT WORLD
EDCO DISPOSAL CORPORATION
HOGLE IRELAND INC
KEYSER MARSTON ASSOC
LASER SAVER INC
NAPA AUTO PARTS
NBS
OPPER & VARCO
PACIFIC BUSINESS CAPITAL CORP
PRO BUILD
PRUDENTIAL OVERALL SUPPLY
SAN DIEGO BUSINESS JOURNAL
SAN DIEGO CLIPPING SERVICE
SDG&E
UTH COUNTY ECONOMIC
4PLES ADVANTAGE
STRATACOM
TIERRA WEST ADVISORS INC
WESTFLEX INDUSTRIAL
DELTACARE (PMI)
WADE & ASSOCIATES
WADE & ASSOCIATES
SECTION 8
SECTION 8 HAPS PAYMENTS
COMMUNITY DEVELOPMENT COMMISSION
WARRANT REGISTER #7
8/17/2010
DESCRIPTION
SOFTWARE FOR SPEC WRITING
SUSTAINABILITY PILOT PROJECT
MOP# 64096. SAFETY BOOTS
WASTE DISPOSAL FOR CDC
CONSULTANT AGREEMENT / JUNE 2010
ECONOMIC CONSULTING SERVICES
MOP# 45725. TONER
MOP# 45735. CAR WASH SOLUTION
LANDSCAPE MAINT DISTRICT SERVICES
EXPERT & CONSULTANT
EQUIPMENT RENTAL
MOP# 45707. LADDER - SCRUBS
MOP# 45742. LAUNDRY SERVICE
MEMBERSHIP AND SUBCRIPTION
NEWS READING AND CLIPPING SERVICE
GAS AND ELECTRIC UTILITIES FOR CDC
SCEDC MEMBERSHIP 2010/2011
MOP# 45704. OFFICE SUPPLIES
MOP# 63845. ENVELOPES
TIERRA WEST ADVISORS - JULY 2010
MOP# 63850. PAINTING SUPPLIES
DENTAL INS PM! AUG 2010
ON CALL SERVICES / JUNE 2010
ON CALL SERVICES / APRIL 2010
Start Date End Date
8/11/2010 8/17/2010
CHK NO DATE AMOUNT
237790 8/17/10 1,050.00
237824 8/17/10 200.00
237825 8/17/10 215.29
237826 8/17/10 104.75
237827 8/17/10 427.50
237828 8/17/10 13,589.63
237829 8/17/10 241.34
237830 8/17/10 8.76
237831 8/17/10 935.68
237832 8/17/10 1,681.50
237833 8/17/10 390.00
237834 8/17/10 86.72
237835 8/17/10 13.34
237836 8/17/10 59.00
237837 8/17/10 144.00
237838 8/17/10 19.56
237839 B/17/10 7,500.00
237840 8/17/10 423.78
237841 8/17/10 109.76
237842 8/17/10 11, 223.75
237843 8/17/10 233.33
237856 8/17/10 1.92
237878 8/17/10 34,220.50
237879 8/17/10 8,229.00
A/P Total $
81.109.11
0.00
GRAND TOTAL $ 81,109.11
ETING DATE:
CITY OF NATIONAL CITY, CALIFORNIA
COMMUNITY DEVELOPMENT COMMISSION
COUNCIL AGENDA STATEMENT
September 21st, 2010
AGENDA ITEM NO.26
ITEM TITLE:
authorize the reimbursement of Community Development Commission expenditures in the amount
of $110,128.06 to the City of National City for the period of 8/18/10 through 8/24/10
PREPARED BY: K. Apalateg0 DEPARTMENT:
PHONE: 619-336-43311 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 $110,128.06
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION: 1 FINAL ADOPTION:
Finance
MIS
STAFF RECOMMENDATION:
Accept and File.
BOARD / COMMISSION RECOMMENDATION:
IN/A
rACHMENTS:
ivvarrants for the period of 08/18/10 through 08/24/10
COMMUNITY DEVELOPMENT COMMISSION
Warrant Register # 8
8/24/2010
502 SECTION 8 FUND
505 HOME FUND
511 TAX INCREMENT FUND
522 LOW/MODERATE HOUSING FUND
23, 841.82
3,666.49
78,787.15
3,832.60
110,128.06
COMMUNITY DEVELOPMENT COMMISSION
WARRANT REGISTER #8
8/24/2010
PAYEE
CHRISTENSEN & SPATH LLP
EQUIFAX INFORMATION SVCS
GE CAPITAL
LASER SAVER INC
N C CHAMBER OF COMMERCE
PACIFIC BUSINESS CAPITAL CORP
SDG&E
STAPLES ADVANTAGE
SWEETWATER AUTHORITY
UNION -TRIBUNE PUB. CO.
VERIZON WIRELESS
HDL COREN & CONE
SECTION 8
::TION 8 HAPS PAYMENTS
PAYROLI.
Pay period Start Date
17 7/27/2010
DESCRIPTION
LEGAL SERVICES FOR CDC
CREDIT CHECK FOR SECTION 8
INSTALLMENT FOR COPIER / CDC
MOP# 45725. INK CARTRIDGES
SERVICES FOR JULY, AUG & SEPT
EQUIPMENT RENTAL
GAS AND ELECTRIC UTILITIES FOR CDC
MOP# 45704. OFFICE SUPPLIES
WATER UTILITIES FOR CDC
PUBLICATION OF PLANNING COMMISSION
VERIZON WIRELESS SERVICE / SEC 8
PROPERTY TAX JULY-SEPTEMBER 2010
Start Date
8/18/2010
End Date
8/9/2010
End Date
8/24/2010
Check Date
8/18/2010
CHK NO DATE AMOUNT
237884 8/24/10 1,580.00
237885 8/24/10 50.00
237886 8/24/10 420.86
237887 8/24/10 271.55
237888 8/24/10 12,500.00
237889 8/24/10 195.00
237890 8/24/10 83.13
237891 8/24/10 66.61
237892 8/24/10 136.74
237893 8/24/10 909.60
237894 8/24/10 356.04
237922 8/24/10 1,200.00
A/P Total $ 17,769.53
3,242.93
89,115.60
GRAND TOTAL $ 110,128.06
ETING DATE:
CITY OF NATIONAL CITY, CALIFORNIA
COMMUNITY DEVELOPMENT COMMISSION
COUNCIL AGENDA STATEMENT
September 21, 2010
AGENDA ITEM NO. 27
ITEM TITLE:
Resolution approving an Exclusive Negotiating Agreement with Senior Village Housing Partners, LLC,
a limited liability company based on a competitive Request for Qualifications process conducted for
consideration of an expansion and enhancement of the Kimball and Morgan Tower project site to
include rehabilitation of the existing buildings and the addition of approximately 200 new affordable
senior units.
PREPARED BY: Alfredo Ybarra DEPARTMENT: Community Developmen
PHONE: Ext. 4279 APPROVED BY:
EXPLANATION:
As part of the General Plan update, the City is focusing specific planning and implementation efforts on several key projects
within each of the City's three community planning areas. The Senior Village Expansion, in the Kimball Community, has
been identified as one of the major projects that the General Plan will address through specific action plans. In early 2010,
the City's consultant, KTGY Group, Inc., prepared a conceptual plan for the expansion of the existing Senior Village complex.
The current facility is comprised of two 9-story towers (Kimball and Morgan Towers) with a total of 303 senior apartments,
the Nutrition Center, and the Senior Center building. The conceptual plan proposed 200 additional low-rise (up to four
stories) senior apartments that would be integrated into the site, a medical services building, and a new senior center.
On February 2, 2010, City Council provided staff direction to prepare a request for qualifications for the future design and
development of the site. A detailed explanation of this process and the Exclusive Negotiation Agreement ("ENA") presented
f^, consideration with this staff report are explained in the attached Background Report.
FINANCIAL STATEMENT:
ACCOUNT NO.
APPROVE �� Finance
APPROVED: MIS
The CDC will bear costs and expenses (including legal fees and staff time) incurred during the Exclusive Negotiating Period
for the purpose of preparing the ENA and fulfilling its obligations under the ENA.
ENVIRONMENTAL REVIEW:
As required, review under the California Environmental Quality Act will be required prior to a development agreement being presented
to the City Council/Community Development Commission.
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
STAFF RECOMMENDATION:
Adopt the resolution
BOARD / COMMISSION RECOMMENDATION:
'ACHMENTS:
1. Background Report
2. Proposed ENA
3. RFQ Submittal
RESOLUTION NO. 2010 —
RESOLUTION OF THE COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING
THE CHAIRMAN TO EXECUTE AN EXCLUSIVE NEGOTIATING
AGREEMENT WITH SENIOR VILLAGE HOUSING PARTNERS, LLC,
BASED ON A COMPETITIVE REQUEST FOR QUALIFICATIONS
PROCESS CONDUCTED FOR CONSIDERATION OF AN EXPANSION
AND ENHANCEMENT OF THE KIMBALL AND MORGAN TOWER
PROJECT SITE TO INCLUDE REHABILITATION OF THE EXISTING
BUILDINGS AND THE ADDITION OF APPROXIMATELY
200 NEW AFFORDABLE SENIOR UNITS
WHEREAS, the Community Development Commission of the City of National
City ("CDC") owns approximately 7.1 acres at 1317 and 1415 D Avenue, commonly referred to
as the Kimball and Morgan Towers site (Assessor Parcel Numbers 561-410-06-00, 561-410-05-
00, and 561-410-04-00) ("Senior Village"); and
WHEREAS, the CDC is interested in having the Senior Village site developed,
expanded, and enhanced to include 200 additional low-rise senior apartments that would be
integrated into the existing Senior Village site, the removal of the existing senior center and the
development of a new center, and the conversion of asphalt parking lots to gardens and park
features (the "Project") all of which was part of a Request for Qualifications previously issued;
and
WHEREAS, the Housing Element (a required section in the General Plan) lays
out an objective of continuing to provide housing opportunities and improve the housing stock to
accommodate the high percentage of low income senior households; and
WHEREAS, the CDC issued a Request for Qualifications seeking qualifications
from experienced non-profit or for -profit developers to enter into an Exclusive Negotiation
Agreement to complete due diligence and design, followed by a Disposition and Development
Agreement to upgrade existing structures and expand senior living facilities; and
WHEREAS, The Chelsea Investment Corporation, Senior Community Centers,
and Housing Development Partners (collectively, "Developer") responded jointly to the RFQ to
partner in development and rehabilitation of the Senior Village, and to provide resident services
for all affordable housing residents in the Project; and
WHEREAS, the Developer has formed a partnership known as Senior Village
Housing Partners, LLC; and
WHEREAS, the Developer is interested in developing an affordable senior
housing development, consisting of approximately 200 affordable residential units, and
rehabilitating and enhancing the existing buildings and common area; and
WHEREAS, the CDC, and Senior Village Housing Partners, LLC, desire to enter
into an Exclusive Negotiating Agreement to initiate exclusive negotiations for up to three
hundred and sixty-five (365) days (hereafter referred to as "Exclusive Negotiation Period") to
allow Senior Village Housing Partners, LLC, to (i) undertake due diligence activities regarding
the Project; (ii) prepare a market feasibility study; (iii) develop a pro forma showing the fiscal
feasibility; (iv) obtain the necessary debt and financing; (v) develop the conceptual
Resolution No. 2010 —
Page 2
development plan of the Project; (vi) establish the responsibilities, schedule, and financial
parameters for developing the Project; and (vii) negotiate a Disposition and Development
Agreement.
NOW, THEREFORE, BE IT RESOLVED that the Community Development
Commission of the City of National City hereby authorizes the Chairman to execute an
Exclusive Negotiation Agreement with Senior Village Housing Partners, LLC, for an expansion
and enhancement of the Kimball and Morgan Tower Project site to include rehabilitation of the
existing buildings and the addition of approximately 200 new affordable senior units. Said
Exclusive Negotiation Agreement is on file in the office of the City Clerk.
PASSED and ADOPTED this 21st day of September, 2010.
Ron Morrison, Chairman
ATTEST:
Brad Raulston, Secretary
APPROVED AS TO FORM:
Claudia G. Silva
General Council, CDC
Attachment 1
Background
The General Plan: In 2009, the City of National City has embarked on a journey to
update its General Plan. California law requires every city and county to adopt a general
plan to guide its physical development. A general plan states the desired vision for the
community's future and contains policies to achieve this vision by guiding the way land
is developed and used. As part of the General Plan update, the City is focusing specific
planning and implementation efforts on several key projects within each of the City's
three community planning areas. The Senior Village Expansion, in the Kimball
Community, has been identified as one of the major projects that the General Plan will
address through specific action plans.
Community Need and Relevance to General Plan: Currently the Kimball and Morgan
Towers are located on an underutilized site. The existing structures are dated and are in
need of rehabilitation (Kimball built in 1986 and Morgan in 1978). Additionally, the
availability of senior housing in National City is far below demand. Morgan and Kimball
Towers have a 1.5-3 year waiting period and other affordable senior housing facilities
within the city are experiencing comparable waiting periods. These trends will be
amplified in the coming years as the baby boom generation continues to move into senior
status and by the fact that people are living longer.
National City's I-Iousing Element (a required section in the General Plan) lays out an
objective of continuing to provide housing opportunities and development of programs
to improve the existing housing stock. The Housing Element calls for an expansion of
affordable housing opportunities to accommodate the high percentage of low income and
senior citizens. The General Plan calls for continued infill development to achieve this
expansion. The expansion and enhancement of Kimball -Morgan is in line with each of
these objectives.
The Project Site: The project site is located in central National City, within the Kimball
Community. It is across the street from Kimball Park, and near Wal-Mart and other
commercial businesses, the Boys and Girls Club, a Fire Station, a health center, and civic
facilities. The project site is approximately 7.10 acres located on D Avenue between
Kimball Way and 15°i Street in National City.
Currently, the site is comprised of two 9-story senior housing complexes (Kimball and
Morgan towers), a Nutrition Center, and Senior Center building. There are a total of 303
units between the 2 towers: 151 units at Kimball Tower (149 affordable units and 2 units
for managers), and another 152 at Morgan Tower (151 affordable units, and 1 unit for the
assistant manager).
Conceptual Plan: The City's consultant, KTGY Group, Inc., prepared a preliminary
conceptual plan for this expansion and enhancement project. The conceptual plan
proposed 200 additional low-rise (up to four stories) senior apartments that would be
integrated into the existing Kimball -Morgan site, the removal of the existing senior
1
center (currently on the Southeastern corner of D Ave and Kimball Way) and
development of a new center, and the conversion of asphalt parking lots to gardens and
park features. Additionally, in partnership with a local medical services provider, a
medical services building may also be developed
Request for Qualifications: On February 2, 2010, the Community Development
Commission (CDC) directed staff to prepare a request for qualifications for the design
and development of the Kimball -Morgan site located at 1317 and 1415 D Avenue. Kimball
and Morgan Towers are owned by the CDC and help serve National City's affordable
senior housing needs.
On March 1, 2010, staff released a request for qualifications in pursuant of a qualified and
experienced non-profit or for profit developers to enter into an Exclusive Negotiations
Agreement to complete the due diligence and design, followed by a Disposition and
Development Agreement to upgrade existing structures and expand senior living
facilities.
On April 1, 2010, the CDC received 14 Statement of Qualifications from non profit and for
profit developers. From the 14 submittals, six were short-listed and invited to
participate in the interview process. Based on the development team presentations and
interview panel scoring, the panel selected and recommended Chelsea Development
Corporation.
Chelsea Investment Corporation in collaboration with Senior Community Centers and
Housing Development Partners submitted a response to Community Development
Commission's Request for Qualifications for the Senior Village Expansion and
Enhancement Project.
Chelsea Investment Corporation, Senior Community Centers, and Housing Development
Partners proposed to collaborate to serve as the Development Team for the Seniors
Village project. Both Senior Community Centers and Housing Development Partners will
be involved in key development decisions such as site planning, financial structuring,
and property management as well as participation in the tax credit Limited Partnership
entity. In addition, Senior Community Centers will provide service provision, using their
nationally recognized model as described below.
Development Team Experience: Chelsea Investment Corporation has successfully
partnered in the recent past with both Senior Community Centers and Housing
Development Partners to create numerous affordable housing communities for the senior
population in San Diego. Given the size of the Seniors Village expansion and
enhancement project, principals of the three organizations felt that it was important to
collaborate and utilize the collective experience of all three groups in order to
successfully create an award -winning project for the City of National City.
Senior Community Centers
A 501(c)3 corporation, Senior Community Centers' mission is to provide quality and
compassionate services for the survival, health, and independence of seniors living in
2
poverty. Senior Community Centers utilizes a holistic approach to assessing, planning,
and implementing their services to address all of the issues that affect low-income
seniors including meals, stable housing, and health and wellness. Senior Community
Centers is the only organization in the State of California, and one of just a few in the
country, which provides the breadth of services for this population.
Senior Community Centers' Senior Nutrition Program operates 12 nutrition centers in
downtown San Diego, East County and South Bay. Seven of these sites were added to
Senior Community Centers portfolio when the County of San Diego asked Senior
Community Centers to expand to the South Bay and East County area, based on the
record of efficiency from a cost and production standpoint as well as the holistic
wellness services provided by Senior Community Centers' staff. Food is many of their
clients' most immediate need as many seniors can only afford one meal a day. Access to a
regular source of nutritious food is critical to those suffering from the increased
nutritional demands of aging or chronic and life -threatening illnesses. Two meals a day
are provided free of charge to seniors at the center and at all of Senior Community
Centers' senior housing communities.
Senior Community Centers also currently operates Broadway Center, their flagship
center, in downtown San Diego. At this center, seniors have access to the full array of
the Health and Wellness program, which focuses on preventative health care, as well as
addresses the barriers the typical compromise the well being of seniors living in poverty.
The comprehensive integrated network of vital services include social service case
management, nurse case management, mental health services, transitional and
permanent housing, information and referrals to other agencies, as well as daily meals
and nutritional counseling and recreational opportunities.
Senior Community Centers has just completed construction of a new flagship center, the
Gary and Mary West Senior Wellness Center, which will be a few blocks from their
Broadway location. This Center will incorporate and expand upon all the services
provided at the Broadway location in a building owned and operated by Senior
Community Centers. It is widely believed that the West Senior Wellness Center will be
the most advanced facility of its kind in the country. Senior Community Centers
envisions a complementary center at the Seniors Village site for National City, which
would significantly enhance the living environment for the seniors at Seniors Village.
In addition to the Broadway Center and West Senior Wellness Center, Senior
Community Centers also operates a transitional housing complex in the downtown San
Diego area, and have developed and manage, in conjunction with Chelsea Investment
Corporation, two supportive housing projects. Potiker Family Senior Residence
(formerly called Market Square Manor) is located in downtown San Diego and has 200
studio units, with property management, supportive health and wellness services, and
nutrition provided on -site. It is also the location of Senior Community Centers
commercial kitchen, which was constructed at a cost of over $1,000,000, with the
capacity to produce over 5,000 meals per day for distribution throughout the County.
Potiker was financed with a grant of $2,200,000 from the Centre City Development
3
Corporation and a gift of $1,000,000 from the Potiker Family Trust, in addition to
traditional affordable housing financing sources.
City Heights Square has 150 studio and one -bedroom units and is located on 43`d Street
in the City Heights neighborhood in San Diego. Supportive services, including a onsite
nurse, health assessment and referrals, meals, and social activities planned through a full
time service coordinator are available at this property, which targets seniors at slightly
higher income levels than the Potiker property. It was financed with low income
housing tax credits and a grant of over $9,100,000 from the San Diego Redevelopment
Agency.
Housing Development Partners
As an affiliate of the San Diego Housing Commission, Housing Development Partners, a
501(c)3 non-profit public benefit corporation, has collaborated with affordable housing
developers to create, preserve, and expand affordable housing opportunities for the
residents of the City and County of San Diego since 1990. As an affiliate of the San Diego
Housing Commission, Housing Development Partners' mission is to undertake especially
challenging projects that could not be developed without their unique corporate
capabilities and financial capacity. Housing Development Partners operates without
receiving subsidies from the San Diego Housing Commission. In its early years, Housing
Development Partners was active in the preservation of HUD Section 236 and 221(d)
developments with expiring regulatory agreements and has continued to create and
preserve affordable housing in San Diego through the construction and rehabilitation of
nearly 800 apartment units.
Housing Development Partners currently is a Managing General Partner in six projects
(799 units) including two seniors projects, one of which was developed in partnership
with Chelsea Investment Corporation called Dawson Senior Apartments. Dawson is
an 88 unit complex located in the City Heights neighborhood of San Diego. Financed
with 9% tax credit equity, it is a dense project located on a topographically challenging
infill site. It includes solar panels and an extensive public art component. Dawson was
completed in March 2010.
I -lousing Development Partners will collaborate with the other two Development Team
members to provide key insights to the site plan and concept, financial structuring, and
property management. Housing Development Partners has broad and varied experience
in matters relating to performing tax credit Managing Partner duties and providing
focused attention to compliance details, as well as extensive experience in the
complexities of affordable housing finance. Housing Development Partners' leading
strength is its ability to innovatively seek and obtain awards of loans and grants for
affordable housing developments requiring creative solutions. Its 20 year track record of
successful affordable housing production demonstrates its qualifications and capacity to
be a highly skilled member of the collaborative team.
Chelsea Investment Corporation
Chelsea Investment Corporation ("Chelsea") is a real estate company focused on the
financing and development of affordable housing. Having developed over 5,600 units of
4
affordable housing since 1995, Chelsea meets and exceeds the level of experience
necessary to develop affordable housing in today's difficult financing atmosphere.
Chelsea has experience financing suburban, urban infill, rural, redevelopment,
acquisition -rehabilitation, and special needs projects with a variety of non-profit
partners. In addition to the partnerships described above with Senior Community
Centers and Housing Development Partners, Chelsea has also partnered with other
nonprofit groups such as St. Vincent de Paul, the Salvation Army, Comite de Bien Estar,
Pacific Southwest Community Development Corporation and Southern California
Housing Collaborative (developmentally disabled population).
In the last five years, Chelsea has developed almost 2,000 apartment homes in San Diego,
Imperial, Sacramento and Yuma (AZ) counties. Of those 23 projects, three have closed
within the last 120 days and three more will close within the coming 90 days, which
shows Chelsea's strength and ability to find lenders and investors for affordable housing
projects in a time where many deals are failing for lack thereof.
Of those 5,914 apartment homes (56 projects), 1,913 are located in urban infill
environments, 2,384 are located in suburban environments, and 1,617 are located in rural
areas. Approximately 413 units are senior projects and over 1,000 units are supportive
housing. Additionally, while Chelsea has primarily focused on new construction
projects, the company has developed 929 units in seven separate projects through
acquisition and rehabilitation. Over 4,000 units (42 projects) have been developed with
some sort of soft residual receipts loans through public -private partnerships with the
federal, state or local government, with over 2,100 units financed specifically though
Redevelopment Agency or Housing Commission funding.
Chelsea Investment Corporation has strong relationships with numerous financial
institutions. As demonstration of these relationships, Chelsea was able to close three
transactions in the fall of 2008 as the financial markets were imploding (Beachwind and
Tierra del Cielo, both 4%), two in the fall 2009 (Cedar Creek and Silversage, both 4%)
and one in January 2010 (Verbena - 9%). Two additional transactions closed in 2010
(156 and Commercial - exchange financing and Oakridge - 4% and state credits). These
transactions include both 4% and 9% equity purchases as well as tax-exempt bond
private placement in combination with local, state, and federal subsidies.
In sum, Chelsea Investment Corporation, as well as Senior Community Center and
Housing Development Partners, are highly skilled in identifying, applying, and winning
non -City funding sources in order to reduce the City's investment in this multi -phased
affordable housing project.
Exclusive Negotiating Agreement (ENA): The development team that includes
Chelsea Investment Corporation, Housing Development Partners, and Senior
Community Centers formed the Senior Village Ilousing Partners, LLC, a limited liability
company. The Senior Village Housing Partners, LLC, has requested to develop and
enhance the Kimball and Morgan property and has asked the Community Development
Commission to set aside a period of time in which they can work exclusively with
Community Development Commission staff to develop a project description and design
5
that might meet with the Community Development Commission's vision for the site.
The Agreement presented for consideration would allow a 365-day period for the
requested exclusivity and allows the CDC Chairman to extend the expiration date for up
to an additional ninety (90) days if she/he determines Developer has negotiated in good
faith.
The purpose of this Exclusive Negotiating Agreement and its terms is to encourage the
timely revitalization of the underutilized Kimball and Morgan Tower site. It requires
that a Market Feasibility Study be submitted to the CDC within 30-days of the date of
the ENA. Within 60 days of the date of the ENA, the Developer must submit to the CDC
a pro forma showing the fiscal feasibility for all aspects of the proposed project.
Developer must demonstrate that it can and will obtain the necessary debt and equity
financing, within 90 days of the date of the ENA. Conceptual plans for the development
of the entire project must be delivered to the CDC within one -hundred eighty (180) days
after the date of the ENA.
Conclusion
In conclusion, the collaboration between Chelsea Investment Corporation, Senior
Community Centers, and Housing Development Partners, creates a unique partnership
that can execute this complicated expansion and enhancement project. Each member of
the team brings expertise in affordable housing finance, senior services provision, and
financial capability.
With this, Community Development Commission staff recommends that the
Community Development Commission Board adopt the resolution approving an
Exclusive Negotiating Agreement with Senior Village Housing Partners, LLC, a limited
liability company, for the expansion and enhancement regarding the Senior Village site
and authorizing the Chairman to execute the agreement.
6
Attachment 2
EXCLUSIVE NEGOTIATION AGREEMENT
By and Between
COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY
And
SENIOR VILLAGE HOUSING PARTNERS, LLC
THIS EXCLUSIVE NEGOTIATION AGREEMENT (hereafter referred to as "ENA")
is entered into this 21 st day of September, 2010, by and between the COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a public body,
corporate and politic (hereinafter referred to as "CDC"), and Senior Village Housing Partners,
LLC, a limited liability company (hereinafter referred to as "DEVELOPER"), on the terms and
provisions set forth below.
RECITALS
WHEREAS, in furtherance of the goals and objectives of the Redevelopment Plan for
the National City Redevelopment Project Area, which was adopted and amended by ordinances
of the City Council of the City of National City, and the Community Redevelopment Law of the
State of California (California Health an Safety Code 33000), CDC and DEVELOPER desire to
enter into negotiations concerning the development of certain land and the rehabilitation of the
existing improvements, Kimball and Morgan Towers (defined below as "PROJECT"); and
WHEREAS, the CDC currently owns certain real property (Assessor Parcel Numbers
561-410-06-00, 561-410-05-00, 561-410-04-00), approximately 7.1 acres, known as the Senior
Village, located on the south-southwest side of Kimball Way east of D Avenue and north of East
15`h Avenue within the Redevelopment Project Area of the City of National City, as further
described herein (hereafter referred to as "PROJECT SITE"); and
WHEREAS, it is those portions of the above described properties which are located
within the City of National City (CITY), that are intended to be the subject of this Exclusive
Negotiation ENA (ENA); and,
WHEREAS, the CDC desires to have the DEVELOPER pursue development of the
PROJECT and consents to DEVELOPER pursuing and engaging in this ENA; and,
WHEREAS, the CDC and the DEVELOPER desires to enter into this ENA to initiate
exclusive negotiations for up to three hundred and sixty five (365) days (hereafter referred to as
"EXCLUSIVE NEGOTIATION PERIOD") to allow the DEVELOPER to (i) undertake due
diligence activities regarding the PROJECT; (ii) design the PROJECT; (iii) establish the
responsibilities, schedule, and financial parameters for developing the PROJECT for the part of
the PROJECT which is located within the CITY; (iv) negotiate the purchase priceof the CDC
PROJECT; (v) assemble other properties; and (vi) negotiate a Disposition and Development
ENA (hereafter referred to as "DDA").
SDCA_280013.2
Department of Housing and Urban Development (HUD), 3 market -rate units, and I unit
for the assistant manager). The PROJECT SITE is shown on Exhibit 1_
1II. PROJECT
The PROJECT will include the rehabilitation of the existing structures and expanded
senior living facilities. The preliminary conceptual plan proposes 200 additional low-rise
(up to four stories) senior apartments, a new senior center, and the conversion of asphalt
parking lots to gardens and park features.
IV. EXCLUSIVE RIGHT TO NEGOTIATE
A. Subject to Subparagraph IV.C., below, CDC hereby grants to DEVELOPER, and
DEVELOPER hereby accepts this ENA for a period of three -hundred sixty-five
(365) days, commencing on the date this ENA is signed on behalf of the CDC,
and continuing in full force until expiration or earlier termination pursuant to
Paragraph VIII; provided, that, CDC's Chairman is authorized to extend the
expiration date for up to an additional ninety (90) days if she/he determines
DEVELOPER has negotiated in good faith.
B. CDC and DEVELOPER agree, for the period set forth in this Paragraph IV, to
negotiate diligently and in good faith to prepare a DDA to be entered into by
CDC and DEVELOPER with regard to the objectives described above. During
the term of the ENA, CDC agrees not to negotiate for the development of the
PROJECT, or portion thereof, with any party other than the DEVELOPER, or
approve or conduct a public hearing for any other development of the PROJECT,
or portions thereof.
The DEVELOPER shall bear any and all costs and expenses (including legal fees
and staff time) for title, environmental, physical, engineering, financial, and
feasibility investigations, site plans, reports and analyses and other analyses or
activities performed by and for the DEVELOPER to meet the terms of the ENA.
The DEVELOPER and the CDC shall bear their own costs and expenses
(including legal fees and staff time) incurred during the EXCLUSIVE
NEGOTIATION PERIOD for the purpose of preparing the ENA and fulfilling its
obligations under the ENA from the date hereof, including but not limited to the
costs of preparing, negotiating, and reviewing the DDA. Furthermore, CDC shall
advise DEVELOPER regarding the source of the funds used to pay for costs of
negotiating ENA and pre -development costs, as outlined above, so that
DEVELOPER can determine the need for payment of any prevailing wage.
V. TERMS
CDC and DEVELOPER hereby agree to the following terms:
-3-
practice which may be provided to CDC shall remain confidential to the extent
permissible by law.
H. Hazardous Materials. CDC shall not be responsible for conducting or financing
any testing of the PROJECT SITE for hazardous materials pursuant to any
applicable laws, statutes, rules, and regulations. CDC shall disclose all
information in their records and knowledge regarding any Hazardous Materials on
the site. 1f DEVELOPER proceeds with the project pursuant to a DDA , and
subject to the terms of the DDA. DEVELOPER shall also be responsible for
making PROJECT SITE conditions suitable for the proposed PROJECT,
including, but not limited to, flood zones, Alquist-Priolo, and similar matters. For
purposes of this ENA, "hazardous materials" shall mean asbestos; polychlorinated
biphenyls (whether or not highly chlorinated); radon gas; radioactive materials;
explosives; chemicals known to cause cancer or reproductive toxicity; hazardous
waste, toxic substances or related materials; petroleum and petroleum product,
including, but not limited to, gasoline and diesel fuel; those substances defined as
a "Hazardous Substance", as defined by section 9601 of the Comprehensive
Environmental Response; Compensation and Liability Act of 1980; 42 U.S.O.
9601, etseq., or as "Hazardous Waste" as defined by section 6903 of the
Resource Conservation and Recovery Act, 42 U.S. C. 6901, et seq., an
"Extremely Hazardous Waste," a "Hazardous Waste" or a "Restricted Hazardous
Waste," as defined by The Hazardous Waste Control Law under sections 25115,
25117, or 25122.7 of the California Health and Safety Code, or is listed or
identified pursuant to section 25140 of the California Health and Safety Code; a
"Hazardous Material", "Hazardous Substance," "Hazardous Waste," or "Toxic
Air Contaminant" as defined by the California Hazardous Substance Account Act,
laws pertaining to the underground storage of hazardous substances, hazardous
materials release response plans, or the California Clean Air Act under sections
25316, 25281, 25501.1 or 39655 of the California Health and Safety Code; "Oil"
or a "Hazardous Substance" listed or identified pursuant to section 311 of the
Federal Water Pollution Control Act, 33 U.S.C. 132; a "Hazardous Waste,
"Extremely Hazardous Waste" or an "Acutely Hazardous Waste" listed or defined
pursuant to Chapter I 1 of Title 22 of the California Code of Regulations sections
66261.1-66261.126; chemicals listed by the State of California under Proposition
65 Safe Drinking Water and Toxic Enforcement Act of 1986 as a chemical known
by the State to cause cancer or reproductive toxicity pursuant to section 25249.8
of the California Health and Safety Code; a material which due to its
characteristics or interaction with one or more other substances, chemical
compounds, or mixtures, materially damages or threatens to materially damage,
health, safety, or the environment, or is required by any law or public CDC to be
remediated, including remediation which such law or government CDC to be
remediated, including remediation which such law or government CDC requires
in order for the property to be put to the purpose proposed by this ENA; any
material whose presence would require remediation pursuant to the guidelines set
forth in the State of California Leaking Underground Fuel Tank Field Manual,
whether or not the presence of such material resulted from a leaking underground
-5-
PROJECT. If CITY approves the entitlements for the proposed PROJECT, then
DEVELOPER agrees, within ten (10) days after CITY approves those
entitlements, to pay Fifty Thousand ($50,000) Dollars to assist CDC with
payment of CDC's costs for the services of all necessary consultants to comply
with CEQA requirements (including, but not limited to, the preparation and
issuance of any required environmental impact report, negative declaration, or
mitigated negative declaration) for entire PROJECT SITE. DEVELOPER shall
cooperate fully and in a timely manner to requests for information from CDC's
consultants.
M. Real Estate Commissions. Neither CDC nor DEVELOPER shall be liable for any
real estate commissions or brokerage fees, which may arise herefrom. CDC and
DEVELOPER each represents it has not engaged a broker, agent or finder in
connection with this transaction except in connection with the assembly of other
properties as approved by the CDC. Each party agrees to hold harmless the other
party from any claim by any broker, agent or finder retained, or claimed to have
been retained, by that first party.
N. Conflicts of Interest. For the Term of this ENA, no member. officer or employee
of CITY or CDC, during the term of his or her service with CITY or CDC, shall
have any direct or indirect financial interest in this ENA or obtain any present or
anticipated material benefit arising, there from.
O. Change of Ownership or Control of DEVELOPER. DEVELOPER understands
CDC is entering into this ENA based on the prior experience and qualifications of
DEVELOPER. Therefore, DEVELOPER shall not assign, sell or otherwise
transfer any or all of its rights under this ENA to any party, without the prior
written approval of CDC.
P. Indemnity. DEVELOPER agrees to and hereby does defend, hold harmless and
indemnify CDC, CITY and each of their officers. agents and employees (the
"Indemnified Parties") from damages arising from DEVELOPER's acts or
omissions; provided, that the obligation to indemnify and hold harmless applies
only to the extend damages are the result of DEVELOPER's, or DEVELOPER's
agents or employees, negligent acts or omissions or willful misconduct.
Q.
Governing Law. This ENA shall be interpreted and enforced in accordance with
the provisions of California laws in effect at the time it is executed, without
regard to conflicts of laws provisions.
VI. PERMS TO BE NEGOTIATED
CDC and DEVELOPER shall meet regularly with each other in order to negotiate a
proposed DDA to include, without limitation, the following provisions:
-7-
VII. RIGHT OF ENTRY AND ACCESS
A. Access by DEVELOPER. Subject to DEVELOPER's compliance with the terms
and provisions of this Agreement, DEVELOPER and DEVELOPER's
employee's , agents, and consultants designated in writing by DEVELOPER
(herein collectively called "DEVELOPER's Designees") shall have the right to
enter upon the Property for the purpose of undertaking tests, inspections and other
due diligence activities (herein called "Due Diligence Activities"), until the
earliest to occur of: (i) the expiration or earlier termination of the ENA; (ii) the
termination of this Agreement; or (iii) the execution of the DDA contemplated by
the ENA.
DEVELOPER expressly agrees as follows (i) any activities by or on behalf of the
DEVELOPER, including without limitation, the entry by DEVELOPER or
DEVELOPER's Designees onto the Property in connection with the Due
Diligence Activities shall not damage the PROJECT SITE in any manner
whatsoever except for minor damage normally resulting from typical site
investigation activities such as soil borings; (ii) in the event that the PROJECT
SITE is altered or disturbed in any manner in connection with Due Diligence
Activities, DEVELOPER shall immediately return the PROJECT SITE to the
condition existing prior to the Due Diligence Activities (unless agreed in writing
by the Executive Director of the CDC.)
B. Lien Waivers. Upon receipt of a written request from the CDC, DEVELOPER
will provide the CDC with lien waivers following completion of the Due
Diligence Activities from each and every contractor, materialman, engineer,
architect, or surveyor who might have lien rights, in form and substance
reasonably satisfactory to its counsel. To the extent permitted by applicable law,
Grantee hereby indemnifies Grantor from and against any claims made against the
Grantor or the Property as a result of Due Diligence Activities.
C. Insurance. The DEVELOPER, at its sole cost and expense, shall purchase and
maintain. and shall require its contractors performing any Due Dilligence
Activities to purchase and maintain throughout the term of this Agreement:
1. Professional Liability Insurance (errors and omissions) with minimum
limits of $1,000,000 per occurrence.
2. 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").
3. 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.
4. Workers' compensation insurance in an amount sufficient to meet
statutory requirements covering all of DEVELOPER's employees and employers'
liability insurance with limits of at least $1,000,000 per accident. In addition, the
-9-
A general release does not extend to claims which the
creditor does not know or suspect to exist in this favor at the
time of executing the release, which if known by him would
have materially affected his settlement with the debtor
B. Civil Code Section 1542 notwithstanding, it is the parties' intention
to be bound by the limitation on remedies set forth in this Section,
and each party hereby releases any and all claims against the other
party for monetary damages or other legal or equitable relief,
whether or not such released claims were known or unknown to the
releasing party as of its entry into this ENA. Each party hereby
waives the benefits of Civil Code Section 1542 and all other statutes
and judicial decisions (whether state or federal) of similar effect,
IX. TERMINATION BY CDC
CDC shall have the right to terminate this ENA in the event CDC determines, in its sole
discretion, that DEVELOPER proposes provisions in the proposed DDA, which
materially vary from the development generally described in the Paragraph I of this ENA.
CDC's right of termination shall be subject to a fifteen -day (15-day) notice.
DEVELOPER
X. TERMINATION BY DEVELOPER
DEVELOPER shall have the right to terminate this ENA in the event DEVELOPER
determines, in its sole discretion, that CDC proposes provisions in the proposed DDA,
which materially vary from those described in this ENA, or that the project is, in the
DEVELOPER's sole discretion, infeasible. DEVELOPER's right of termination shall be
subject to a fifteen -day (15-day) notice. DEVELOPER
Xl. NOTICES DEMAND AND COMMUNICATIONS BETWEEN THE PARTIES
Formal notices, demands, and communications between CDC and DEVELOPER
shall be given either by (i) personal service, (ii) delivery by reputable document delivery
service such as Federal Express that provides a receipt showing date and time of delivery,
or (iii) or by mailing in the United States mail, certified mail, postage prepaid, return
receipt requested, addressed to:
To CDC:
With copy to:
Community Development Commission
1243 National City Boulevard
National City, CA 91950
Attn: Executive Director
City Attorney
1243 National City Boulevard
National City, CA 91950
-11-
IN WITNESS WHEREOF, the CDC and the DEVELOPER have signed this ENA on
the respective dates set forth below.
COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF
NATIONAL CITY
Senior Village Housing Partners, LLC
(3 signatures required)
By: By:
Ron Morrison, Chainnan
ATTEST:
By:
Chris Zapata, Secretary
APPROVED AS TO FORM:
By:
Claudia G. Silva
City Attorney
By:
Dated:
-13-
IN WITNESS WHEREOF, the CDC and the DEVELOPER have signed this ENA on
the respective dates set forth below.
COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF
NATIONAL CITY
By:
Ron Morrison, Chairman
ATTEST:
By: By:
Chris Zapata, Secretary
APPROVED AS TO FORM:
By:
Claudia G. Silva
City Attorney
Senior Village Housing Partners, LLC
(3 signatures required)
Dated:
-13-
Attachment 2
EXCLUSIVE NEGOTIATION AGREEMENT
By and Between
COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY
And
SENIOR VILLAGE HOUSING PARTNERS, LLC
THIS EXCLUSIVE NEGOTIATION AGREEMENT (hereafter referred to as "ENA")
is entered into this 21 st day of September, 2010, by and between the COMMUNITY
DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, a public body,
corporate and politic (hereinafter referred to as "CDC"), and Senior Village Housing Partners,
LLC, a limited liability company (hereinafter referred to as "DEVELOPER"), on the teams and
provisions set forth below.
RECITALS
WHEREAS, in furtherance of the goals and objectives of the Redevelopment Plan for
the National City Redevelopment Project Area, which was adopted and amended by ordinances
of the City Council of the City of National City, and the Community Redevelopment Law of the
State of Califomia (California Health an Safety Code 33000), CDC and DEVELOPER desire to
enter into negotiations concerning the development of certain land and the rehabilitation of the
existing improvements, Kimball and Morgan Towers (defined below as "PROJB,CT"); and
WHEREAS, the CDC currently owns certain real property (Assessor Parcel Numbers
561-410-06-00, 561-410-05-00, 561-410-04-00), approximately 7.1 acres, known as the Senior
Village, located on the south-southwest side of Kimball Way east of D Avenue and north of East
15th Avenue within the Redevelopment Project Area of the City of National City, as further
described herein (hereafter referred to as "PROJECT SITE"); and
WHEREAS, it is those portions of the above described properties which are located
within the City of National City (CITY), that are intended to be the subject of this Exclusive
Negotiation ENA (ENA); and,
WHEREAS, the CDC desires to have the DEVELOPER pursue development of the
PROJECT and consents to DEVELOPER pursuing and engaging in this ENA; and,
WHEREAS, the CDC and the DEVELOPER desires to enter into this ENA to initiate
exclusive negotiations for up to three hundred and sixty five (365) days (hereafter referred to as
"EXCLUSIVE NEGOTIATION PERIOD") to allow the DEVELOPER to (i) undertake due
diligence activities regarding the PROJECT; (ii) design the PROJECT; (iii) establish the
responsibilities, schedule, and financial parameters for developing the PROJECT for the part of
the PROJECT which is located within the CITY; (iv) negotiate the purchase price of the CDC
PROJECT; (v) assemble other properties; and (vi) negotiate a Disposition and Development
ENA (hereafter referred to as "DDA").
SDCA_280013.2
Department of Housing and Urban Development (HUD), 3 market -rate units, and 1 unit
for the assistant manager). The PROJECT SITE is shown on Exhibit 1.
III. PROJECT
The PROJECT will include the rehabilitation of the existing structures and expanded
senior living facilities. The preliminary conceptual plan proposes 200 additional low-rise
(up to four stories) senior apartments, a new senior center, and the conversion of asphalt
parking lots to gardens and park features.
IV_ EXCLUSIVE RIGHT TO NEGOTIATE
A. Subject to Subparagraph IV.C., below, CDC hereby grants to DEVELOPER, and
DEVELOPER hereby accepts this ENA for a period of three -hundred sixty-five
(365) days, commencing on the date this ENA is signed on behalf of the CDC,
and continuing in full force until expiration or earlier termination pursuant to
Paragraph VIII; provided, that, CDC's Chairman is authorized to extend the
expiration date for up to an additional ninety (90) days if she/he determines
DEVELOPER has negotiated in good faith.
B. CDC and DEVELOPER agree, for the period set forth in this Paragraph IV, to
negotiate diligently and in good faith to prepare a DDA to be entered into by
CDC and DEVELOPER with regard to the objectives described above. During
the term of the ENA, CDC agrees not to negotiate for the development of the
PROJECT, or portion thereof, with any party other than the DEVELOPER, or
approve or conduct a public hearing for any other development of the PROJECT,
or portions thereof.
The DEVELOPER shall bear any and all costs and expenses (including legal fees
and staff time) for title, environmental, physical, engineering, financial, and
feasibility investigations, site plans, reports and analyses and other analyses or
activities performed by and for the DEVELOPER to meet the terms of the ENA.
The DEVELOPER and the CDC shall bear their own costs and expenses
(including legal fees and staff time) incurred during the EXCLUSIVE
NEGOTIATION PERIOD for the purpose of preparing the ENA and fulfilling its
obligations under the ENA from the date hereof, including but not Iimited to the
costs of preparing, negotiating, and reviewing the DDA. Furthermore, CDC shall
advise DEVELOPER regarding the source of the funds used to pay for costs of
negotiating ENA and pre -development costs, as outlined above, so that
DEVELOPER can determine the need for payment of any prevailing wage.
V. TERMS
CDC and DEVELOPER hereby agree to the following terms:
-3-
practice which may be provided to CDC shall remain confidential to the extent
permissible by law.
H. Hazardous Materials. CDC shall not be responsible for conducting or financing
any testing of the PROJECT SITE for hazardous materials pursuant to any
applicable laws, statutes, rules, and regulations. CDC shall disclose all
information in their records and knowledge regarding any Hazardous Materials on
the site. If DEVELOPER proceeds with the project pursuant to a DDA , and
subject to the terms of the DDA, DEVELOPER shall also be responsible for
making PROJECT SITE conditions suitable for the proposed PROJECT,
including, but not limited to, flood zones. Alquist-Priolo, and similar matters. For
purposes of this ENA, "hazardous materials" shall mean asbestos; polychlorinated
biphenyls (whether or not highly chlorinated); radon gas; radioactive materials;
explosives; chemicals known to cause cancer or reproductive toxicity; hazardous
waste, toxic substances or related materials; petroleum and petroleum product,
including, but not limited to, gasoline and diesel fuel; those substances defined as
a "Hazardous Substance", as defined by section 9601 of the Comprehensive
Environmental Response; Compensation and Liability Act of 1980; 42 U.S.O.
9601, et. seq., or as "Hazardous Waste" as defined by section 6903 of the
Resource Conservation and Recovery Act, 42 U.S. C. 6901, et seq., an
"Extremely Hazardous Waste," a "Hazardous Waste" or a "Restricted Hazardous
Waste," as defined by The Hazardous Waste Control Law under sections 25115,
25117, or 25122.7 of the California Health and Safety Code, or is listed or
identified pursuant to section 25140 of the Califomia Health and Safety Code; a
"Hazardous Material", "Hazardous Substance," "Hazardous Waste," or "Toxic
Air Contaminant" as defined by the California Hazardous Substance Account Act,
laws pertaining to the underground storage of hazardous substances, hazardous
materials release response plans, or the California Clean Air Act under sections
25316, 25281, 25501.1 or 39655 of the Califomia Health and Safety Code; "Oil"
or a "Hazardous Substance" listed or identified pursuant to section 311 of the
Federal Water Pollution Control Act, 33 U.S.C. 132; a "Hazardous Waste,
"Extremely Hazardous Waste" or an "Acutely Hazardous Waste" listed or defined
pursuant to Chapter 11 of Title 22 of the California Code of Regulations sections
66261.1-66261.126; chemicals listed by the State of California under Proposition
65 Safe Drinking Water and Toxic Enforcement Act of 1986 as a chemical known
by the State to cause cancer or reproductive toxicity pursuant to section 25249.8
of the California Health and Safety Code; a material which due to its
characteristics or interaction with one or more other substances, chemical
compounds. or mixtures, materially damages or threatens to materially damage.
health, safety, or the environment, or is required by any law or public CDC to be
remediated, including remediation which such law or government CDC to be
remediated, including remediation which such law or government CDC requires
in order for the property to be put to the purpose proposed by this ENA; any
material whose presence would require remediation pursuant to the guidelines set
forth in the State of California Leaking Underground Fuel Tank Field Manual,
whether or not the presence of such material resulted from a leaking underground
-5-
PROJECT. If CITY approves the entitlements for the proposed PROJECT, then
DEVELOPER agrees, within ten (10) days after CITY approves those
entitlements. to pay Fifty Thousand ($50,000) Dollars to assist CDC with
payment of CDC's costs for the services of all necessary consultants to comply
with CEQA requirements (including, but not limited to, the preparation and
issuance of any required environmental impact report, negative declaration, or
mitigated negative declaration) for entire PROJECT SITE. DEVELOPER shall
cooperate fully and in a timely manner to requests for information from CDC's
consultants.
M. Real Estate Commissions. Neither CDC nor DEVELOPER shall be liable for any
real estate commissions or brokerage fees, which may arise herefrom. CDC and
DEVELOPER each represents it has not engaged a broker, agent or finder in
connection with this transaction except in connection with the assembly of other
properties as approved by the CDC. Each party agrees to hold harmless the other
party from any claim by any broker, agent or finder retained, or claimed to have
been retained, by that first party.
N. Conflicts of Interest. For the Term of this ENA, no member, officer or employee
of CITY or CDC, during the term of his or her service with CITY or CDC, shall
have any direct or indirect financial interest in this ENA or obtain any present or
anticipated material benefit arising, there from.
O. Change of Ownership or Control of DEVELOPER. DEVELOPER understands
CDC is entering into this ENA based on the prior experience and qualifications of
DEVELOPER. Therefore, DEVELOPER shall not assign, sell or otherwise
transfer any or all of its rights under this ENA to any party, without the prior
written approval of CDC.
P. Indemnity. DEVELOPER agrees to and hereby does defend, hold harmless and
indemnify CDC, CITY and each of their officers, agents and employees (the
"Indemnified Parties") from damages arising from DEVELOPER's acts or
omissions; provided, that the obligation to indemnify and hold harmless applies
only to the extend damages are the result of DEVELOPER's, or DEVELOPER's
agents or employees, negligent acts or omissions or willful misconduct.
Q. Governing Law. This ENA shall be interpreted and enforced in accordance with
the provisions of California laws in effect at the time it is executed, without
regard to conflicts of laws provisions.
VI. TERMS TO BE NEGOTIATED
CDC and DEVELOPER shall meet regularly with each other in order to negotiate a
proposed DDA to include, without limitation, the following provisions:
-7-
VII. RIGHT OF ENTRY AND ACCESS
A. Access by DEVELOPER. Subject to DEVELOPER's compliance with the terms
and provisions of this Agreement, DEVELOPER and DEVELOPER's
employee's , agents, and consultants designated in writing by DEVELOPER
(herein collectively called "DEVELOPER's Designees") shall have the right to
enter upon the Property for the purpose of undertaking tests, inspections and other
due diligence activities (herein called "Due Diligence Activities"), until the
earliest to occur of: (i) the expiration or earlier termination of the ENA; (ii) the
termination of this Agreement; or (iii) the execution of the DDA contemplated by
the ENA.
DEVELOPER expressly agrees as follows (i) any activities by or on behalf of the
DEVELOPER, including without limitation, the entry by DEVELOPER or
DEVELOPER's Designees onto the Property in connection with the Due
Diligence Activities shall not damage the PROJECT SITE in any manner
whatsoever except for minor damage normally resulting from typical site
investigation activities such as soil borings; (ii) in the event that the PROJECT
SITE is altered or disturbed in any manner in connection with Due Diligence
Activities, DEVELOPER shall immediately return the PROJECT SITE to the
condition existing prior to the Due Diligence Activities (unless agreed in writing
by the Executive Director of the CDC.)
B. Lien Waivers. Upon receipt of a written request from the CDC, DEVELOPER
will provide the CDC with lien waivers following completion of the Due
Diligence Activities from each and every contractor, materialman, engineer,
architect, or surveyor who might have lien rights, in form and substance
reasonably satisfactory to its counsel. To the extent permitted by applicable law,
Grantee hereby indemnifies Grantor from and against any claims made against the
Grantor or the Property as a result of Due Diligence Activities.
C. Insurance. The DEVELOPER, at its sole cost and expense, shall purchase and
maintain, and shall require its contractors performing any Due Dilligence
Activities to purchase and maintain throughout the term of this Agreement:
1. Professional Liability Insurance (errors and omissions) with minimum
limits of $1,000,000 per occurrence.
2. 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").
3. 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.
4. Workers' compensation insurance in an amount sufficient to meet
statutory requirements covering all of DEVELOPER's employees and employers'
liability insurance with Iimits of at least $1,000,000 per accident. In addition, the
-9-
A general release does not extend to claims which the
creditor does not know or suspect to exist in this favor at the
time of executing the release, which if known by him would
have materially affected his settlement with the debtor
B. Civil Code Section 1542 notwithstanding, it is the parties' intention
to be bound by the limitation on remedies set forth in this Section,
and each party hereby releases any and all claims against the other
party for monetary damages or other legal or equitable relief,
whether or not such released claims were known or unknown to the
releasing party as of its cntry into this ENA. Each party hereby
waives the benefits of Civil Code Section 1542 and all other statutes
and judicial decisions (whether state or federal) of similar effect,
IX. TERMINATION BY CDC
CDC shall have the right to terminate this ENA in the event CDC determines, in its sole
discretion, that DEVELOPER proposes provisions in the proposed DDA, which
materially vary from the development generally described in the Paragraph I of this ENA.
CDC's right of termination shall be subject to a fifteen -day (15-day) notice.
DEVELOPER
X. TERMINATION BY DEVELOPER
DEVELOPER shall have the right to terminate this ENA in the event DEVELOPER
determines, in its sole discretion, that CDC proposes provisions in the proposed DDA,
which materially vary from those described in this ENA, or that the project is, in the
DEVELOPER's sole discretion, infeasible. DEVELOPER's right of termination shall be
subject to a fifteen -day (15-day) notice. DEVELOPER
XI. NOTICES DEMAND AND COMMUNICATIONS BETWEEN THE PARTIES
Formal notices, demands, and communications between CDC and DEVELOPER
shall be given either by (i) personal service, (ii) delivery by reputable document delivery
service such as Federal Express that provides a receipt showing date and time of delivery,
or (iii) or by mailing in the United States mail, certified mail, postage prepaid, return
receipt requested, addressed to:
To CDC:
With copy to:
Community Development Commission
1243 National City Boulevard
National City, CA 91950
Attn: Executive Director
City Attorney
1243 National City Boulevard
National City, CA 91950
-11-
1N WITNESS WHEREOF, the CDC and the DEVELOPER have signed this ENA on
the respective dates set forth below.
COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF
NATIONAL CITY
By:
Ron Morrison, Chairman
ATTEST:
By:
Chris Zapata, Secretary
APPROVED AS TO FORM:
By:
Claudia G. Silva
City Attorney
Senior Village Housing Partners, LLC
(3 signatures required)
Dated:
-13-
IN WITNESS WHEREOF, the CDC and the DEVELOPER have signed this ENA on
the respective dates set forth below.
COMMUNITY DEVELOPMENT
COMMISSION OF THE CITY OF
NATIONAL CITY
By:
Ron Morrison, Chairman
ATTEST:
Senior Village Housing Partners, LLC
(3 signatures required)
By "1
/ A-vv, S
Y:
By: By:
Chris Zapata, Secretary
APPROVED AS TO FORM:
By:
Claudia G. Silva
City Attorney
Dated:
-13-
Attachment 3
Community Development Commission of National City Request for 9ualifieations
REQUEST FOR QUALIFICATIONS (RFQ)
Senior Village Expansion and Enhancement
Kimball and Morgan Towers
13I7 D Avenue & 1415 D Avenue
National City California
UPDATED: March 23, 2010
RFQ Updated Deadline: Thursday April 1, 2010 by 5:00 p.m. PST.
Community Development Commission of National City
1243 National City Blvd
National City, CA 91950
Page Iof7
Community Development Commission of National City
RFQ AT A GLANCE
ISSUE DATE: March 1, 2010
PROJECT TITLE:
DESCRIPTION OF
PROJECT
DEPARTM ENT
REQUESTING
SUBMITTAL DEADLINE
DELIVER SUBMITTAL
TO
CONTACT S
Page 2 of 7
Request for 9ualifications
Community Development Commission RFQ
Senior Village Expansion and Enhancement
The Community Development Commission of National
City ("CDC") is considering the expansion and
rehabilitation of the existing Kimball and Morgan
Towers. Kimball and Morgan Towers are located in
National City at 1317 D Avenue and 1415 D Avenue,
respectively. They are owned by the CDC and help
serve National City's affordable senior housing needs.
The CDC is therefore seeking qualifications from
experienced non-profit or for profit developers to enter
into an Exclusive Negotiation Agreement to complete
due diligence and design, followed by a Disposition and
Development Agreement to upgrade existing structures
and expand senior living facilities. The preliminary
conceptual plan proposes 200 additional low-rise (up to
four stories) senior apartments, a new senior center, and
the conversion of asphalt parking lots to gardens and
park features.
Community Development - Housing and Grants
Division
Three (3) original copies of submittal due 5:00 p.m.
"I hursday, April 1, 2010 in hard copy
(no facsimile or e-mailed submittals)
Alfredo Ybarra
Community Development Manager
City of National City
1243 National City Blvd
National City, CA 91950
Alfredo Ybarra
Community Development Manager
City of National City
619-336-4279; alfrecloy@nationalcityca.gov
Ed Martinez, President and CEO
San Ysidro Health Center - National City Family Clinic
1136 D Avenue
National City, CA 91950
619-662-4100
Community Development Commission of National City
BACKGROUND
Page3 of
Request for Qualifications
The General Plan: The City of National City has recently embarked on a journey
to update its General Plan. California law requires every city and county to adopt
a general plan to guide its physical development. A general plan states the desired
vision for the community's future and contains policies to achieve this vision by
guiding the way land is developed and used. As part of the General Plan update,
the City is focusing specific planning and implementation efforts on several key
projects within each of the City's three community planning areas. The Senior
Village Expansion, in the Kimball Community, has been identified as one of the
major projects that the General Plan will address through specific action plans.
Community Need and Relevance to General Plan: Currently the Kimball and
Morgan Towers are located on an underutilized site. The existing structures are
dated and are in need of rehabilitation (Kimball built in 1986 and Morgan in
1978). Additionally, the availability of senior housing in National City is far
below demand. Morgan and Kimball towers have a 1.5-3 year waiting period and
other affordable senior housing facilities within the city are experiencing
comparable waiting periods. These trends will be amplified in the coming years
as the baby boom generation continues to move into senior status (55+) and by
the fact that people are living longer.
National City's Housing Element (a required section in the General Plan) lays out
an objective of continuing to provide housing opportunities and development of
programs to improve the existing housing stock. The Housing Element calls for
an expansion of affordable housing opportunities to accommodate the high
percentage of low income and senior citizens. The General Plan calls for
continued infill development to achieve this expansion. The expansion and
enhancement of Kimball -Morgan is in line with each of these objectives.
The Project Site: The project site is located in central National City, within the
Kimball Community. It is across the street from Kimball Park, and near Wal-
Mart and other commercial businesses, the Boys and Girls Club, a Fire Station, a
health center, and civic facilities.
The project site (Attachment 1) is approximately 7.10 acres located on D Avenue
between Kimball Way and 15`h Street (APN: 561-410-06-00; 561- 410-05-00; 561-
410-04-00) in National City. The site is in an RM3 zoned area. It is a residential
multifamily zone specifically designated for senior citizen housing and allows
higher density development than the standard residential multifamily units (22.9
units/acre) based on consideration of the specific project design*.
Currently, the site is comprised of two 10-story senior housing complexes
(Kimball and Morgan towers), a Nutrition Center, and Senior Center building.
There are a total of 300 units between the 2 towers: 150 units at Kimball Tower
(146 Section 8 units, 2 market -rate units, and 2 units for managers), and another
150 at Morgan Tower (146 project -based units funded directly by the U.S.
Community Development Commission of National City Request for pualifications
Department of Housing and Urban Development (HUD), 3 market -rate units,
and I unit for the assistant manager).
Conceptual Plan: The City's consultant, KTGY Group, Inc., has prepared a
preliminary conceptual plan for this expansion and enhancement project (the
illustration on the cover of this RFQ is one product of the process). The
conceptual plan proposes 200 additional low-rise (up to four stories) senior
apartments that would be integrated into the existing Kimball -Morgan site, the
removal of the existing senior center (currently on the Southeastern corner of D
Ave and Kimball Way) and development of a new center, and the conversion of
asphalt parking lots to gardens and park features. Additionally, in partnership
with a local medical services provider, a medical services building may also be
developed.
DESIRED SUBMITTAL
Although this is not a Request tor Proposals, the submittal should give significant
consideration to the Concept Plan designed by KTGY Group, Inc.
Development Guidance: Suggestions for consideration in this Project include:
■ Prepare plan with:
o Approximately 200 additional affordable senior housing units
o Removal of existing senior center and construction of a new one
o Conversion of asphalt parking lots to gardens and park features
• Maintain a maximum height of four (4) stories
• Sustainable environmental principles should be incorporated
Financial and Partnership Considerations: Of special relevance to this RFQ is the
City Council's desire to leverage outside resources to expand and enhance an
affordable housing project targeted for seniors. Submittals should prominently
review the development team's past experience in seeking and being awarded
grants related to similar projects.
SUBMITTAL REQUIREMENTS
Development Team
a. Design Team: Identify the Developer, Design Team and sub -consultants who
will be responsible for implementing the proposed project (name of
individuals in charge, firm addresses, telephone numbers, website and e-mail
addresses);
b. Experience: Schedule of relevant projects completed by the developer and
design team, including photographs, type of project, project address, unit
count by type and size of unit, completed value, lenders involved (with
Page 4 of 7
Community Development Commission of National City Requestfor9uahfications
contact references) and construction/completion dates. Experience with
projects in an urbanized redevelopment area should be identified;
c Financial Partners: Identify all proposed financial partners for the project
including banks, equity partners etc (name of firm and individuals in charge,
addresses, telephone numbers, website and e-mail addresses);
d. References: Each team member must include three professional references
(lenders, investors, major accounts, etc.) with full names, relationship to team
member, address and contact information.
Grant Funding Experience
Identify and provide examples of past successful experience applying for and
winning grant funding for similar projects in California.
Comments on the Community Design Concept:
Please provide comments on the site plan prepared by KTGY Group, inc.
Particular emphasis should be given to expanding on, refining and improving this
Concept Plan to achieve financial and land use sustainability.
RFQ Developer Statement of Qualifications Worksheet:
Please fill out and provide the Developer Statement of Qualifications Worksheet
attached to this RFQ (Attachment 2).
Disclosure of relevant lawsuits:
Identify any and all lawsuits involving any or all of the proposed team members
related to similar projects within the past three years including any lawsuits
between team members and municipalities or redevelopment agencies.
RFQ SCHEDULE
Issue date:
Qualifications due:
Interviews, if necessary:
ENA for City Council/CDC Consideration:
March 1, 2010
5:00 p.m. April 1, 2010
April 6-8, 2010*
May 18, 2010*
*This schedule may be adapted, except for the Qualification Due date, at the sole
discretion of the City/CDC.
Page 5 of 7
Community Development Commission o(Natinnal City
Request for Qualifications
TERMS AND CONDITIONS
Issuance of this RFQ does not commit City/CDC to award an Exclusive Negotiation
Agreement and/or contract, to pay any costs incurred in the preparation of a response to
this request, or to procure a contract for services. All respondents should note that the
execution of any agreement or contract pursuant to this RFQ is dependent upon the
approval of the City Council. The City/CDC retains the right to reject any and all
submittals.
INSURANCE
The developer selected under this RFQ shall be required to provide evidence of
commercial general liability with limits of at least $2M per occurrence/$4M aggregate;
the City and CDC to be named as additional insured pursuant to a separate
endorsement; auto liability coverage with limits of at least $1M CSL per accident, must
include "any auto"; the City and CDC to be named as additional insured pursuant to a
separate endorsement, Workers Compensation sufficient to satisfy CA statutory
requirements for all employees subject to the laws and Employers' Liability Coverage of
$1 M per accident/employee; a waiver of subrogation endorsement in favor of the City and
CDC must be provided; and Professional Liability coverage (E&O) with limits of at least
SIM per occurrence; if written on a claims made policy, the retro date must he prior to
the date of the contract and the insurance must be maintained for a period of at least 5
years after the termination of the contract.
BUSINESS LICENSE
The developer selected to perform the work described in this RFQ as well as all team
members, sub -consultants and service providers will be required to obtain a National
City Business License. Business Licenses can he obtained at the National City Finance
Department.
SUBMITTAL DUE DATE
Three (3) original copies of the submittal must be delivered to City Clerk's office no later
than 5:00 p m. on Thursday 4/1/2010.
Submittals received by FAX or e-mail will be deemed not received. Incomplete
submittals, incorrect or false information, or late submittals are cause for immediate
disqualification.
CONTAC.1 PERSON
Alfredo Ybarra
Community Development Manager
1243 National City Boulevard
National City, CA 91950-4301
619/336-4279
e-mail: alfredoy2nationalcityca.gov
Page 6 of 7
Community Development Commission of National City Request for qualifications
Attachments posted
ith this RFQ
I. Parcel Map
2. Developer Qualifications Worksheet
3. National City Map
1. Preliminary Conceptual Site Plans (developed by KTGY Group, Inc.)
Page 7of7
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Attachment 2
DEVELOPER STATEMENT
OF
QUALIFICATIONS/
FINANCIAL SUMMARY
DEVELOPER STATEMENT OF QUALIFICATIONS
& FINANCIAL SUMMARY
I. DEVELOPER INFORMATION
Name:
Address:
Telephone/Fax:
Email:
Contact Name:
Is the Developer a subsidiary of/or affiliated with, any other Corporation(s), Joint Venture(s) or Firm(s)?
ID No ❑Yes
If yes, list each such Corporation, Joint Venture, or Firm by name & address, specify its relationship to the
Developer, the % of interest of the partners & identify the Officers & Directors or trustees common to the
Developer & such other Corporation or Firm:
Name of Corporation/Joint Venture/Firm:
Address:
Relationship to Developer
Officers/Directors/Trustees:
of Interest of the partners:
Individual(s) authorized to negotiate, on behalf of the development entity/team & responsible for project
execution:
Name(s):
Position:
Telephone/Fax:
Email:
11. FINANCIAL CAPACITY
A. Sources & amount of cash available to Developer to meet equity requirements of the proposed
undertaking in Bank(s):
1) Bank Name:
Address:
City, State Zip:
Amount: $
2) Bank Name:
Address:
City, State Zip:
Amount: $
Developer Statement of Qualifications/Financial Summary
1 of 4
B. By loans from affiliated or associated corporations or firms:
Name:
Address: -
City, State Zip
Source
Amount: $
C. The Following are Three Bank References:
1.) Bank Name:
2.) Bank Name:
3.) Bank Name:
Address:
Contact Person
Telephone:
Address:
Address:
Contact Person:
Telephone:
Contact Person:
Telephone:
D. The following are Three business references:
1_) Company:
Address:
Relationship:
Contact
Person:
Telephone:
2.) Company:
Address:
Relationship:
Contact
Person:
Telephone:
3.) Company:
Address:
Relationship:
Contact
Person:
Telephone:
Developer Statement of Qualifications/Financial Summary
2of4
E. Has the Developer or (if any) the parent corporation or any subsidiary or affiliated corporation of
the developers officers or principal members, shareholders or investors been adjudged bankrupt,
either voluntary or involuntary, within the past ten years? ❑ No 0 Yes
If yes, please provide the following information:
Date:
Location:
Bankruptcy was filed under the following name(s):
F. Has the Developer or (if any) the parent corporation or any subsidiary or affiliated corporation of
the Developer's officers or principal members, shareholders or investors been involved in
litigation relating to a development project either voluntary or involuntary, within the past three
years? ❑ No ❑Yes
if yes, please provide the following in formation:
Date:
Place:
General Description:
Current Status:
G. Total amount of development work completed by developer during the last three years:
ht Projects currently in planning or development by the Developer or Principals of the development entity:
Does any member of the Developers' Corporation/Partnership have any known relationship in
connection with purchasing & implementing the Project with any member of the governing body of
the Agency to which the accompanying proposal is being made, or to any officer or employee of
the local public agency who exercises any functions or responsibilities in connection with the
carrying out of the Project under which the local public agency covered by the Developers
proposal is being made available? 0 No 0 Yes
If yes, explain:
J. Statements & other evidence of the Developers Qualifications & Financial Responsibility are
attached thereto & hereby made a part hereof as follows:
Developer Statement of Qualifications/Financial Summary
3 of 4
CERTIFICATION
IMfe certify that this Developer Statement of Qualifications and
Financial Responsibility & the attached evidence of the Developers qualifications and financial
responsibility are true and correct to the best of my/our knowledge and belief, and that the information
contained in this statement is considered public record and will be made available for public inspection
and copying upon request. Availability of these public records begins when the Developer selection
process includes public meetings.
Name Name
Title Title
Signature Signature
Date Date
Street Address Street Address
City, State & Zip City, State & Zip
If the Developer is a Corporation, this statement should be signed by the President & Secretary of the
Corporation; if an individual or proprietorship, by such individual; if a partnership, by one of the general
partners; if an entity not having a President & Secretary, by one of its Chief Officers having knowledge of
the financial status & qualifications of the Developer.
Developer Statement of Qualifications/Financial Summary
4 of 4
Attachment 3
Area for medical
facility
New construction
404.
Kimball Tower
Existing buildings
to be upgraded
Morgan Tower
Conceptual Site Plan
l
n'ii �rnnr; nirl
11.
T
...................
`v lUemu • 7I-
Area reserved for
medical facility
Kimhall Tower
Existing buildings
to be upgraded
Morgan Tower
Kimball Tnwer
Area reserved for
medical facility
View of new construction
from Morgan Tower
Existing view from D
Avenue at Kimball Park
View of new construction from D
Avenue at Kimball Park
:TING DATE:
CITY OF NATIONAL CITY, CALIFORNIA
COMMUNITY DEVELOPMENT COMMISSION
COUNCIL AGENDA STATEMENT
September 21, 2010
AGENDA ITEM NO. 28
ITEM TITLE:
Resolution approving program parameters for an owner -occupied Housing Rehabilitation Program
which will use Redevelopment Agency Low/Mod Set -Aside Funding for geographically targeted
rehabilitation in the West Side Specific Plan Area and HOME Investment Partnership Funding in the
remaining areas of the City.
PREPARED BY: Alfredo Ybarr
336-4279 �'Q
DEPARTMENT: Community Develop
APPROVED BY:
EXPLANATION:
In both the Council approved 2005-2010 City of National City Housing Element and the Consolidated
Plan 2010-2015, the need was identified to provide an Ownership Housing Rehabilitation Program to
assist with preserving and maintaining affordable housing. The Housing and Grants staff have
developed a detailed set of policies and procedures for the Housing Rehabilitation Program that protect
the interests of the homeowner and the City by using a comprehensive set of checks and balances.
Staff requests that Council review and approve the attached program parameters which detail the most
salient aspects of the program's policies and procedures and to provide the requisite direction to finalize
the necessary administrative documentation in order to proceed with the delivery of the Housing
Rehabilitation Program benefiting owner occupants in the City of National City.
FINANCIAL STATEMENT:
ACCOUNT NO.
APPRO
APPROVE
Finance
MIS
Funding for the Housing Rehabilitation Program will come from Council approved HOME Investment
Partnership Funds and RDA Low/Mod Set -Aside Funds from the FY10-11 City budget.
ENVIRONMENTAL REVIEW:
Environmental reviews are not required at this time but will be required for each specific project address
prior to any commitment of funds.
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
STAFF RECOMMENDATION:
Staff recommends the approval of the resolution approving the attached program parameters for the
owner occupied Housing Rehabilitation Program serving low-income homeowners in National City.
BOARD / COMMISSION RECOMMENDATION:
'ACHMENTS:
. /Attachment to Staff Report for the Housing Rehabilitation Program detailing proposed program
parameters.
RESOLUTION NO. 2010 —
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF NATIONAL CITY APPROVING THE PROGRAM
PARAMETERS FOR AN OWNER -OCCUPIED HOUSING REHABILITATION
PROGRAM WHICH WILL USE REDEVELOPMENT AGENCY LOW/MOD
FUNDING FOR GEOGRAPHICALLY TARGETED REHABILITATION IN
THE WEST SIDE SPECIFIC PLAN AREA AND HOME INVESTMENT
PARTNERSHIP FUNDING IN THE REMAINING AREAS OF NATIONAL CITY,
AND AUTHORIZING THE IMPLEMENTATION OF SAID PROGRAM
WHEREAS, in both the City Council approved 2005-2010 City of National City
Housing Element and in the HUD Consolidated Plan 2010-2015, the need was identified to
provide an Ownership Housing Rehabilitation Program to assist low income homeowners with
preserving and maintaining affordable housing; and
WHEREAS, the City Council has appropriated $123,727 in Fiscal Year 2009-10
HOME Investment Partnership Funds, and $148,645 in Fiscal Year 2010-11 HOME Investment
Partnership Funds; and
WHEREAS, the CDC has approved $200,000 in RDA Low/Mod Set -Aside funds
from the Fiscal Year 2010-11 RDA Budget to assist low-income owner occupants at or under
80% of Area Median Income to rehabilitate their homes; and
WHEREAS, the CDC has developed program parameters for an owner -occupied
Housing Rehabilitation Program which will use Redevelopment Agency Low/Mod Set -Aside
Funding for geographically targeted rehabilitation in the West Side Specific Plan Area, and
HOME Investment Partnership Funding in the remaining areas of the City; and
WHEREAS, staff requests approval of the program parameters, and
authorization to proceed with the implementation of the Housing Rehabilitation Program
services benefiting owner occupants that reside in the city of National City.
NOW, THEREFORE, BE IT RESOLVED, that the Community Development
Commission of the City of National City hereby approves the proposed program parameters for the
Ownership Housing Rehabilitation Program which will use Redevelopment Agency Low/Mod
Set -Aside Funding for geographically targeted rehabilitation in the West Side Specific Plan
Area, and HOME Investment Partnership Funding in the remaining areas of the City
BE IT FURTHER RESOLVED that the Community Development Commission of
the City of National City authorizes the implementation of the Ownership Housing Rehabilitation
Program services benefiting owner occupants in the City of National City
PASSED and ADOPTED this 21 st day of September, 2010.
Ron Morrison, Chairman
ATTEST: APPROVED AS TO FORM:
Brad Raulston, Secretary Claudia G. Silva
General Counsel, CDC
ATTACHMENT TO STAFF REPORT FOR THE HOUSING REHABILITATION
PROGRAM DETAILING PROPOSED PROGRAM PARAMETERS
SOURCE DOCUMENTATION IN SUPPORT OF THE ACTIVITY
The source documents in support of establishing a Housing Rehabilitation
Program benefiting owner occupants in the City of National City are the 2005-
2010 National City Housing Element and the Consolidated Plan 2010-2015
(which details strategies to address identified housing and community
development needs using Home Investment Partnership and Community
Development Block Grant funds.) The Housing Priorities and Specific Objectives
section of the Consolidated Plan 2010-2015 contains the reference to an
Ownership Housing Rehabilitation Program with a five year objective to
rehabilitate/repair 15 homes.
APPROVED FUNDING SOURCES IN SUPPORT OF ACTIVITY
HOME Investment Partnership
Council Approval FY 09-10 $123,727
Council Approval FY10-11 $148,645
$272,372
RDA Low -Mod Set -Aside
FY 2010-11 Approved Budget $200,000
Total Allocation of Funds $472,372
PROPOSED PROGRAM PARAMETERS
The primary purpose of the City's Housing Rehabilitation Program (HRP) is to
provide decent, safe, and sanitary housing throughout the City of National City.
The objectives of the HRP are:
1. Revitalize aging single family properties in the City of National City.
2. Assist low income homeowners with financing to rehabilitate their
property.
3. Target specific deteriorated neighborhoods as identified by staff.
The Division of Housing and Grants has primary responsibility for the processing
of applications considered for funding under the National City's Housing
Rehabilitation Program (HRP). Following is a basic description of the program:
1. Eligible Property Type
A property must be occupied by an income -eligible homeowner and be the
owner's principal residence. The property must be a traditional single-family
house or a condominium unit and is owned fee simple or other ownership
form acceptable in the HOME Program regulations. Mobile homes and
properties exceeding one dwelling unit do not qualify.
2. Eligible Costs
Borrower must use loan proceeds only for costs of services, materials, if
applicable, necessary to complete the rehabilitation of Borrower's property
pursuant to the City approved specifications, plans and work write-up
specifications.)
3. Interest Intake Form
Applicants will be considered on a first -come first -served basis subject to
funding availability by filling out an Interest Form to be kept on file.
4. Income Determination
The HRP will utilize the Part 5 {HUD Section 8} definition for determining
annual income. The applicant's gross monthly income shall include:
• The applicant's gross wage earnings, which include, salary, overtime pay,
commissions, fees, tips, and bonuses.
• Interest and/or dividends.
• Passbook value of equity in the subject property owned by the applicant.
• Net income from business or net rental income.
• Social security, annuities, pensions, retirement funds, etc.
• Unemployment benefits
• Alimony, child support, welfare payments.
5. Income Eligibility
Qualified Borrower's must be low income, defined as having an income that does
not exceed 80% of the San Diego/Carlsbad Metropolitan Area, adjusted for
family size. The income figure is established by the Department of Housing and
Urban Development (HUD) and periodically adjusted. A "household" means all
persons occupying the housing unit as a place of residence.
Currently the limits are:
Number of persons in household
Maximum income limit for household
One person
$44,000
Two persons
$50,250
Three persons
$56,550
Four persons
$62,800
Five persons
$67,850
Six persons
$72,850
Seven persons
$77,900
Eight persons
$82,900
6. Housing Inspection and Property Assessment
Staff shall visit the applicant's home and identify priority code violations, incipient
code violations, and desired property improvements . As part of this inspection,
staff shall conduct a Lead Based Paint Inspection if the property was built prior to
1978. Staff will complete set of repair specifications detailing which items need
to be repaired and secure homeowner approval. The City may also help, if
requested, with the process of getting contractors to bid on the work. The bids
will be based on the repair specifications so that only the work specified. Health
and safety hazards receive the highest priority. All health and safety
hazards must be eliminated.
The priority of items listed above will be determined, on a case -by -case basis.
Consideration the following items will be given when determining the priority of
items for inclusion in the work write-up:
• The age and physical condition of the building occupants
• Funds available for rehabilitation of each unit
• Value of the unit after rehabilitation
7. Cost Evaluation and Rehabilitation Value
All projects must be evaluated and certified for cost reasonableness before
proceeding. A contingency cost factor of 10 percent will be used to help insure
against cost overruns and enable completing a project successfully — within
available funding, subsidy limits, and time allotments. Staff shall review the cost
estimate and work write-up with the borrower. Borrower shall approve the cost
estimate and work write-up in writing.
Appraisals will be required on all properties. The ratio of total property debt to
property value shall not exceed 100% of the after rehabilitation value. The value
will be determined by an appraisal acceptable to the City. If the source of funds
is the HOME Program, the after rehabilitation value of the property must not
exceed 95% of the median purchase price for the San Diego/Carlsbad
Metropolitan Statistical Area as published by HUD in accordance with the HUD
Final Rule.
8. Contractor Selection
The borrower does not need to choose the lowest bidder but any bidder chosen
must be within the 10% margin from the City estimate. Selection of Contractor
by borrower must be in writing. Staff shall insure that all the bids from
contractors include the same work (i.e. apples for apples)
9. Loan terms:
o The loan shall be due and payable upon sale, transfer, failure to
occupy or additional encumbrance of the property whichever occurs
first.
o The interest rate will be 1 % simple interest.
o The maximum loan amount is $40,000 with a possible
corresponding grant of up to an additional $10,000 for Lead Hazard
Remediation based on actual cost of lead hazard remediation and
the actual cost of temporary relocation if necessary.
o A minimum of $1,000 must be invested in each assisted unit.
o A contingency of up to 10% of the construction estimate will be held
in reserve. The total maximum loan amount remains $40,000
inclusive of any contingency amounts that may be used.
o Loan applicant(s) must be the legal owner(s) of the property.
o All loan payments will be deferred for the life of the loan.
o All loans must be approved by the Executive Director of the
Community Development Commission of the City of National City.)
PROGRAM REQUIREMENTS OF SPECIFIC FUNDING SOURCES
The above program particulars define the basic requirements of the Housing
Rehabilitation Program for both the Geographically Targeted Rehabilitation in the
West -Side Specific Plan Area and the HOME Investment Partnership funded
remaining areas of the City. The guidelines meet the HOME Investment
Partnership requirements to insure compliance with all federal statutes.
Adherences to the HOME Investment Partnership rules for owner -occupied
housing rehabilitation help create a detailed set of policies and procedures that
protect the interests of the homeowner and the City by using a comprehensive
set of checks and balances. They provide an excellent blueprint for any funding
source.
However there are a few specific differences for each funding source that are
highlighted below:
Term of Affordability Requirements
• Low/Mod Set -Aside: Owner -occupied housing rehabilitation projects
require that the home remain affordable to future buyers making less than
120% Area Median Income (based on family size) for a period of 45 years
enforced by land covenant. Repayment of debt does not relieve the loan
of its affordability requirements.
• HOME Investment Partnership: Owner -occupied housing rehabilitation
has no term affordability requirements.
• Impact: While families receiving Low/Mod loans are restricted by who can
buy their rehabilitated home from them, the current 120% of Median
Income level for a family of four is $90,600 and that qualifying income
would not effectively restrict the number of owner occupant buyers that
could buy so the impact is negligible. It also insures continuing affordability
and owner occupancy.
Default of Superior Loan Cures
• Low/Mod Set -Aside: Rehabilitation loans can only be given to those
property owners whose existing lenders, if any, will agree to provide
written commitments which would reasonably protect the City's investment
in the event of a default on the first loan by allowing such recourse as:
• A right of the agency to cure a default on the loan
• A right of the agency to negotiate with the lender on terms and
acceleration causes, etc.
• A right of the agency to purchase the property from the owner at
any time after a default on the loan.
• HOME Investment Partnership: The right to cure a default on an existing
loan is not a requirement of the HOME Investment Partnership by statute
or by practicality (because HOME funds are more limited in availability
than Low/Mod Set -Aside funds.) A foreclosure can cause, when values
have dropped, the loss of HOME Funds and the loss of owner -occupancy.
• Impact: Essentially, by being legally empowered to negotiate the terms of
a superior mortgage or the value thereof under a Low/Mod loan, the City
could purchase the loan and/or recast the terms and thus may be able to
keep the family in their home through more favorable financing.
Historic Preservation
• Low/Mod Set -Aside: Does not have restrictive Historic Preservation
requirements that can impede the start of repairs through a lengthy review
process.
• HOME Investment Partnership: HUD has a requirement for all HUD
programs that an historic review process (Section 106) must take place on
any property over 50 years old. This means that any property built before
1960 is affected.
• Impact: The minimum time it takes to achieve historic property clearance
is 30 days. Home Investment Partnership funds cannot be allocated to or
spent on a project prior to that time.
ITEM #29
9/21 /10
UPDATE ON AUDIBLE PEDESTRIAN TRAFFIC
SIGNALS IN NATIONAL CITY
(DEVELOPMENT SERVICES)
ITEM #30
9/21/10
UPDATE ON THE RECENT SUBMITTAL OF FEDERAL TIGER II
GRANT APPLICATION BY NATIONAL CITY
(DEVELOPMENT SERVICES)