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HomeMy WebLinkAbout2011 08-02 CC CDC ADJ AGENDA PKTAgenda Of The Adjourned Regular Meeting — National City City Council / Community Development Commission of the City of National City Council Chambers Civic Center 1243 National City Boulevard National City, California Regular Meeting — Tuesday — August 2, 2011— 5:00 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 interpretacion en espariol se proporciona durante sesiones del Consejo Municipal. Los audiofonos estan disponibles en el pasillo al principio de la junta. Council Requests That All Cell Phones And Pagers Be Turned Off During City Council Meetings COPIES OF THE CITY COUNCIL OR COMMUNITY DEVELOPMENT COMMISSION MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.nationalcityca.gov CITY COUNCIUCOMMUNITY DEVELOPMENT COMMISSION AGENDA 8/2/2011 - Page 2 INTERVIEWS/APPOINTMENTS 1. Interviews and Appointments: Various Boards and Commissions (City Clerk) 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. 2. Approval of the Minutes of the City Council/Community Development Commission Regular Meetings of July 5, 2011 and July 19, 2011. (City Clerk) 3. Approval of a motion to waive reading of the text of the Ordinances considered at this meeting and provides that such Ordinances shall be introduced and/or adopted after a reading of the title only. (City Clerk) 4. Resolution of the City Council of the City of National City authorizing the opening of Arcadia Avenue between E. 7th Street and E. 8th Street as a temporary one-way street northbound to improve access for residents and emergency vehicles, until such time that Paradise Village completes their final phase of construction, which will include the necessary frontage improvements on Arcadia Avenue to create a standard two-way street. (Traffic Safety Committee Item No. 2011-19) (Development Services/Engineering) 5. Resolution of the City Council of the City of National City authorizing the installation of a blue curb handicap parking space with sign in front of the residence at 2432 Seawind Drive (Traffic Safety Committee Item No. 2011-18). (Development Services/Engineering) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 8/2/2011 - Page 3 CONSENT CALENDAR (Cont.) 6. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with Kimley-Horn and Associates, Inc. for a not to exceed amount of $772,003.50 to provide design services for various Capital Improvement Projects, authorize a 30% contingency amount up to $231,601.05 for unforeseen project needs. (Funded by 2011 Tax Allocation Bond (CIP) - various projects and 2011 Tax Allocation Bond (Housing) — WI-TOD Public Works Relocation. (Development Services/Engineering) 7. Resolution of the City Council of the City of National City scheduling a Public Hearing to consider amendment of the National City Fee Schedule in regard to the Serious Traffic Offender Program Fee, the Vehicle Repossession Fee and On -Line Police Report Fee. (City Attorney) 8. Resolution of the City Council of the City of National City authorizing the City Manager to apply for, accept, and expend the National City Negligent Vehicle Impound and Release Fee. (City Attorney) 9. Resolution of the City Council of the City of National City authorizing the filing of an appeal to ABx1 27, and authorizing the City Manager to execute documents in support and furtherance of an appeal. (Community Services) 10. Temporary Use Permit — 10th Annual 9/11 Remembrance Ceremony hosted by the National City Fire Department at 343 E. 16th Street on September 11, 2011 from 6:00 a.m. to 10 a.m. This applicant has requested a waiver of fees. (Neighborhood Services) 11. Investment Report for Quarter ended June 30, 2011. (Finance) 12. WARRANT REGISTER #1 Warrant Register #1 for the period of 06/29/11 through 07/05/11 in the amount of $1,231,199.76 (Finance) CITY COUNCIUCOMMUNITY DEVELOPMENT COMMISSION AGENDA 8/2/2011 Page 4 CONSENT CALENDAR (Cont.) 13. WARRANT REGISTER #2 Warrant Register #2 for the period of 07/06/11 through 07/12/11 in the amount of $1,482,038.61. (Finance) URGENCY ORDINANCE FOR ADOPTION 14. An Interim Ordinance of the City Council of the City of National City adopted pursuant to Government Code Section 65858 as an Urgency Measure to take effect immediately, enacting a Moratorium prohibiting new pawnbroker, secondhand, and precious metal dealing and establishments in National City. (City Attorney) ORDINANCE FOR ADOPTION 15. An Ordinance of the City Council of the City of National City authorizing the City of National City to participate in the "Alternative Voluntary Redevelopment Program", subject to certain conditions and reservations. (City Attorney) NON CONSENT RESOLUTION 16. Resolution of the City Council of the City of National City authorizing the Mayor to execute a Remittance Agreement between the City of National City and the Community Development Commission of the City of National City, pursuant to California Health and Safety Code Section 34194.2, which remittance is currently estimated at $4.8 million for Fiscal Year 2011-2012. (City Attorney) **Companion Item #22** NEW BUSINESS 17. Notice of Decision Planning Commission approval of a Conditional Use Permit for The Journey Thrift Shop operated by the Bilateral Safety Corridor Coalition at 241 National City Blvd. (Applicant: Marisa Ugarte) (Case File 2011-20 CUP) (Development Services/Planning) CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION AGENDA 8/2/2011 - Page 5 COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 18. Authorize the reimbursement of Community Development Commission expenditures in the amount of $6,052.13 to the City of National City for the period of 6/29/11 through 07/05/11. (Finance) 19. Authorize the reimbursement of Community Development Commission expenditures in the amount of $206,980.16 to the City of National City for the period of 7/06/11 through 07/12/11. (Finance) 20. Investment Report for quarter ended June 30, 2011. (Finance) 21. Resolution of the Community Development Commission of the City of National City (CDC) reducing its allocation to the Low and Moderate Income Housing Fund for the 2011-2012 Fiscal Year and making certain findings and determinations. (City Attorney/Redevelopment) NON CONSENT CALENDAR 22. Resolution of the Community Development Commission of the City of National City (CDC) authorizing the Chairman to execute a Remittance Agreement between Community Development Commission of the City of National City, and the City of National City, pursuant to California Health and Safety Code Section 34194.2, which remittance is currently estimated at $4.8 million for Fiscal Year 2011-2012. (City Attorney) **Companion Item #16** STAFF REPORTS 23. Closed Session Report. (City Attorney) MAYOR AND CITY COUNCIL ADJOURNMENT Regular City Council and Community Development Commission Meeting — Tuesday — August 16, 2011 — 6:00 p.m. — Council Chambers — National City, California CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 2, 2011 AGENDA ITEM NO. 1 EM TITLE: Interviews and Appointments: Various Boards & Commissions PREPARED BY: Michael R. Dalla DEPARTMENT: City Clerk PHONE: 619-336-4226 EXPLANATION: Amended Application APPROVED BY: An amended application for appointment has been received from Mr. Frank Lopez and is attached for your information and consideration. The amended application replaces an application filed on January 25, 2011. Mr. Lopez was appointed to the Community and Police Relations Commission (CPRC) on February 1, 2011 and desires to continue as a Commissioner. The Mayor and Council may accept and file the amended application or take other action deemed appropriate. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance STAFF RECOMMENDATION: Accept and file the amended application or take other action deemed appropriate. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: mended Application Frank Lopez 2421 N Avenue, National City, CA 91950 619-869-6652 IlopezRcsbcs.org May 3, 2011 Mr. Mike Da11a City Clerk City of National City 1243 National City Boulevard National City, CA 91950 RE: Amended Application to City Boards and Commissions Dear Mr. Dalla, RECEIVED CITY CLERK ZOI I MAY -11 A &: 48 CITY OF NATIONAL CITY I am submitting an amended City of National City Application for Appointment to City Boards, Commission and Committee. Attached, please find revised application, along with updated resume. This application shall replace the application submitted on January 25, 2011, I would like to take this opportunity to convey what a pleasure it has been to serve as -a volunteer on the Community and Police Review Commission. It has been very rewarding and great learning experience to have been appointed to serve the City of National City in this capacity. I look forward to keep on serving as a Community and Police Review Commissioner. If you have any questions or need fiu-ther information, please feel free to contact me at 619-869-6652. CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES 6 Civil Service Commission 1 Planning Commission 4 Community & Police Relations Commission* 7 Public Art Committee` 3 Library Board of Trustees 2 Traffic Safety Committee 5 Parks, Recreation & Senior Citizens Advisory Board Note: Applicants must be residents of the City of National City except for those marked by an' Name: Frank Lopez Home Address_ 2421 N Avenue, National City CA, 91911__ Tel. No.: 619-869-6652 Business Affiliation: South Bay Community Services Title: Director —Youth In Transition Business Address: 1124 Bay Blvd, Suite D., Chula Vista CA 91911 Tel. No.: 619-628-2411 Length of Residence in National City: 1987 - San Diego County: 1967 - California: 1966 Educational Background: San Diego City College Mechanical Engineering 1988, Southwestern College, Chula Vista, CA - Drafting 1989 Occupational Experience: 18 years of experience in providing services that reinforces family's .roles in the community and has assisted youth to identify strengths to become self-sufficient (See Attached Resume). Professional or Technical Organization Memberships: Board member Izcalti Organi7ation, National City Chamber of Commerce member, Former Chair Countywide Advertising and Marketing Workgroup, Responsible Beverage Server Workgroup MADD, Alcohol Policy Panel Civic or Community Experience, Membership, or Previous Public Service Appointments: Co -Chair So. Bay Cinco de Mayo con Orqullo, Former Chair Alcohol Tobacco and Other Drugs Task Force Experience or Special Knowledge Pertaining to Area of Inte est: State Certification- Administrator Have you ever been convicted of a crime? No: Yes' Date: 5 26 /' Signatur Please feel free to provide additio I information or letters of endorsement. Please return completed form to: Office of the City Clerk 1243 National City Blvd, National City, CA 91950 Thank you for your interest in serving the City of National City. " Residency requirements may not apply a Frank Lopez 2421 N Avenue, National City, CA 91950 619-869-6652 flopez(a?csbcs.org Experience South Bay Community Services 1124 Bay Boulevard, Suite D, Chula Vista, CA 91911 Program Director- Youth In Transition July, 2007- Present Responsible for providing housing and supportive services to Youth in Transition ages 12-24. Program Director is responsible of day to day operations of programs to meet goal and objectives, which include Trolley Trestle, Independent Living Skills, Workforce Investment Act/EXCEL, Transitional Housing Program Plus and Casa Nuestra homeless and runaway shelter. Alcohol, Tobacco, and Other Drugs (ATOD) Task Force April, 2003 — July 2007 Chair Countywide Binge and Underage Drinking Initiative Alcohol Marketing Workgroup. Coordinate an Environmental Prevention and reduction of Alcohol, Tobacco and Other Drugs availability and usage in the South Bay Community. Build community capacity and support collaborative efforts by increasing awareness, education and policy advocacy, among elected officials and residents of National City. Operation Samahan, Inc. 2841 Highland Avenue, National City, CA 91950 Teen .Outreach Coordinator - Youth 2 Youth Center August, 2001 — April, 2003 Manage and oversee Outreach activities. Supervise and train Youth Peer Educators. Provide support to Teen Clinic with Family Planning, Teen Pregnancy Prevention, HIV/STI Education, HIV antibody Pre -Post test counseling and assist with special projects as required. Collaborate and support Health Education activities a promotions. Assist in the determination of linguistic and cultural appropriateness and the translationof Educational materials. Network with community social service agencies; coordinate health fairs, and community awareness activities in South Bay. Maintain documentation in compliance with funding sources. Vida lntegracion del Hombre.A_C. Tratamiento en Adicciones para Menores 924 Avenida Ryerson, Ensenada, Baja California Youth Treatment Program Coordinator September, 2000 — July, 2001 Initialize the start up of a comprehensive Adolescent Rehabilitation Program in Baja California, Mexico. Served as a consultant to create and institutionalize positive youth daily activities such as Scholastic, Spiritual, Physical, Health and Drug & Alcohol rehabilitation education. Supervise support staff and work closely with Medical Director, Psychiatric Director, Psychologists and Executive Director to evaluate adolescents' physical and emotional daily stability. Provide individual, group, and family therapy to recognize disease of addiction and to rehabilitate residents and families social, spiritual, labor and educational personal values. Family Health Centers of San Diego (formerly known as Logan Heights Family Health Center) 1809 National Avenue, San Diego, CA 92113 Program Coordinator July, 1997 — August, 2000 Male Involvement Initiative -Smart Teens Educating Peers (S. T E. P. - Laser Tattoo Removal - TeenSntart Outreach Program Plan, develop, implement and evaluate State and County Granted Programs. Oversee day-to-day program operations, supervision, hiring of staff, budget monitoring and program compliance. Develop and refine hea'''' education and outreach curriculum and materials utilized by the programs. Collect and analyze program data facilitate fenders with quarterly reports. Provide support to Teen Clinic with family planning, teen pregnancy prevention, HIV/STI education, HIV antibody pre -post test counseling and assist with special projects as required. 3 Bilingual IIIY/AJDSStreet Outreach Health Educator HIV antibody pre post test counselor September, 1996 - July, 1997 Street Outreach to high -risk population.: Collect/compile data forneeds assessments, and quarterly reports, network with other social service agencies, coordinate health fairs, and community awareness activities, supervise and train Teen -Peer Educators. Collaborate and support all HED activities, assist in the determination of linguistic and cultural appropriateness and the translation of HED materials. Ilire-A-Youth, San Diego Consortium &Private Industry Council 1551 Fourth Avenue, Suite 600, San Diego, CA 92101 Youth -Employment Representative June, 1996 - September, 1996 Served as youth advocate to resolve/troubleshoot internship issues; assist youth in successfully seeking employment, Coordinate Career Fair and organize workshop for resume portfolio building, provide ideas and insights that youth implemented while seeking employment. Provide technical assistance to employers on evaluation of youth performance. San Diego Urban League Inc. 4261 Market Street, San Diego, CA 92102 Family Support Worker April, 1996 - October, 1996 Conduct home visitations as required to enhance parenting skills to individuals having difficulties implementing discipline to their children, or youths demonstrating problems in behaviors such as in school, family matters or with peers provide practical information related to children language, provide support to families in identifying and obtaining community resources. Modern Plastics Technology 675 Anita Street, Chula Vista, CA 91911 Aerospace Manufacturing Supervisor January, 1987 - August 1995 Supervise and assisted employees in the manufacturing of aerospace Tools & Dies, train new employees in the proper procedure of manufacturing, prepare tool orders, expedite jobs, and maintain tolerances and quality of the product, troubleshoot, screen individuals for possible hire, and maintain budget for fiscal year. Qualifications > Multi -cultural Outreach > One on One Counseling ➢ State certified PRE POST test Counselor • HIV/AIDS Education Certified ➢ Mono -lingual group presentations Skills 13 yearsexperience as a supervisor > 8 years experience in public relations ➢ Planning, Developmental & implementation skills Education 1984 1986 1987 1988 San Diego High School: San Diego, CA Comprehensive Training System: Chula Vista, CA San Diego City College: San Diego, CA Southwestern College: Bonita, CA Arjc aces available upon request > Teen Pregnancy Prevention Education • Community Leader • Hombres con Palabra Curriculum Education • Facilitate 12 stcp program ➢ State Community Care Licensing Certified ➢ Excellent oral and written communication > Microsoft Word, MS Work, Excel, E-mail ➢ Proven record as a team player ITEM #2 8/2/11 APPROVAL OF THE MINUTES OF THE CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION REGULAR MEETINGS OF JULY 5, 2011 AND JULY 19, 2011 (CITY CLERK) ITEM #3 8/2/Yl OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 Michael R. Dalla, CMC - City Clerk 619-336-4228 phone / 619-336-4229 fax To: Honorable Mayor and Council From: Michael R. Dalla, City Clerk Subject: Ordinance Introduction and Adoption It is recommended that the City Council approve the following motion as part of the Consent Calendar. "That the City Council waive reading of the text of all Ordinances considered at this meeting and provide that such Ordinances shall be introduced and/or adopted after a reading of only the title." CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 2, 2011 AGENDA ITEM NO. 4 EM TITLE: Resolution of the City Council of the City of National City authorizing the opening of Arcadia Avenue between E. 7th Street and E. 8th Street as a temporary one-way street northbound to improve access for residents and emergency vehicles, until such time that Paradise Village completes their final phase of construction, which will include the necessary frontage improvements on Arcadia Avenue to create a standard two-wav street (TSC Item No. 2011-19) PREPARED BY: Stephen Manganiello, Traffic Engineerj2*1 DEPARTMENT: Developm S ' s / PHONE: 619-336-4382 APPROVED BY: Engi 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 July 13, 2011 the Traffic Safety Committee approved the staff recommendation to open Arcadia Ave. between E. 7th Street and E. 8th Street as a temporary one-way street northbound. ATTACHMENTS: xplanation _.. resolution 3. Staff Report to the Traffic Safety Committee (July 13, 2011) Explanation Ms. Claudia Sitta, Community Manager for Paradise Walk, and Mr. Norm Smith, Executive Director for Paradise Village, have requested the opening of Arcadia Avenue between E. 7th Street and E. 8th Street as a temporary one-way street northbound to provide access for both residents and emergency vehicles. Currently the only access point into the communities is from Harbison Avenue. They have includes letters of support on behalf of their respective boards / residents (see letters in attached staff report to the Traffic Safety Committee). Currently the 700 block of Arcadia Avenue is closed due to construction of the final phase of Paradise Village, located on the west side of the street. Since redevelopment of the property and widening of the street to a two-way street is not scheduled to be completed by Paradise Village for several years, staff recommends opening the street as a temporary one-way street northbound to provide access for residents and emergency vehicles. The existing street is 20 feet wide with "No Parking" on both sides, allowing for emergency vehicle access if opened as a one-way. Paradise Walk, located on the east side of Arcadia Avenue, previously resurfaced the street and constructed a new sidewalk, curb and gutter adjacent to their property frontage between E. 7th Street and E. 8th Street. To better facilitate future left turns onto Arcadia Avenue and enhance safety, the City recently resurfaced and restriped E. 8th Street to include a left -turn lane. To improve access for residents and emergency vehicles, staff recommends the opening of Arcadia Avenue between E. 7th Street and E. 8th Street as a temporary one-way street northbound, until such time that Paradise Village completes their final phase of construction, which will include the necessary frontage improvements on Arcadia Avenue to create a standard two-way street. At their meeting on July 13, 2011 the Traffic Safety Committee "unanimously" approved the staff recommendation. All work will be completed City Public Works. TSC 2011-19 1 RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE OPENING OF ARCADIA AVENUE BETWEEN EAST 7TH STREET AND EAST 8TH STREET AS A TEMPORARY ONE-WAY STREET NORTHBOUND TO IMPROVE ACCESS FOR RESIDENTS AND EMERGENCY VEHICLES, UNTIL SUCH TIME THAT PARADISE VILLAGE COMPLETES THE FINAL PHASE OF CONSTRUCTION, WHICH WILL INCLUDE THE NECESSARY FRONTAGE IMPROVEMENTS OF ARCADIA AVENUE TO CREATE A STANDARD TWO-WAY STREET WHEREAS, the Community Manager of Paradise Walk and the Executive Director for Paradise Village have requested the opening of Arcadia Avenue between East 7th Street and East 8th Street as a temporary one-way street northbound to provide access for both residents and emergency vehicles; and WHEREAS, currently, the 700 block of Arcadia Avenue is closed due to construction of the final phase of Paradise Village, located on the west side of the street; and WHEREAS, to improve access for residents and emergency vehicles, staff recommends the opening of Arcadia Avenue between East 7th Street and East 8th Street as a temporary one-way street northbound, until such time that Paradise Village completes the final phase of construction, which will include the necessary frontage improvements on Arcadia Avenue to create a standard two-way street; and WHEREAS, the Traffic Safety Committee approved staff's recommendation at its July 13, 2011 meeting. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the opening of Arcadia Avenue between East 7th Street and East 8th Street as a temporary one-way street northbound, until such time that Paradise Village completes the final phase of construction, which will include the necessary frontage improvements on Arcadia Avenue to create a standard two-way street PASSED and ADOPTED this 2nd day of August, 2011. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Della, City Clerk Claudia G. Silva City Attorney NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR JULY 13, 2011 ITEM TITLE: 7 REQUEST FOR OPENING OF ARCADIA AVENUE BETWEEN E. 71" STREET AND E. 8T" STREET AS A TEMPORARY ONE- WAY STREET NORTHBOUND (BY C. SITTA AND N. SMITH) PREPARED BY: Stephen Manganiello, Engineering Division DISCUSSION: Ms. Claudia Sitta, Community Manager for Paradise Walk, and Mr. Norm Smith, Executive Director for Paradise Village, have requested the opening of Arcadia Avenue between E. 7th Street and E. 8'h Street as a temporary one-way street northbound to provide access for both residents and emergency vehicles. Currently the only access point into the communities is from Harbison Avenue_ They have includes letters of support on behalf of their respective hoards / residents. Currently the 700 block of Arcadia Avenue is closed due to construction of the final phase of Paradise Village, located on the west side of the street. Since redevelopment of the property and widening of the street to a two-way street is not scheduled to be completed by Paradise Village for several years, staff recommends opening the street as a temporary one-way street northbound to provide access for residents and emergency vehicles. The existing street is 20 feet wide with "No Parking" on both sides, allowing_ for emergency vehicle access if opened as a one-way. Paradise Walk, located on the east side of Arcadia Avenue, previously resurfaced the street and constructed a new sidewalk, curb and gutter adjacent to their property frontage between E. 7th Street and E. 8th Street_ STAFFRECOMMENDATION: To improve access for residents and emergency vehicles, staff recommends the opening of Arcadia Avenue between E. 7th Street and F. 8'h Street as a temporary one-way street northbound, until such time that Paradise Village completes their final phase of construction, which will include the necessary frontage improvements on Arcadia Avenue to create a standard two-way street. EXHIBITS: 1. Correspondence 2 Location Map 3_ Photo 2011-19 2 June 15, 2011 City of National City - Engineering Division Development Services Department Attention: Stephen Manganiello Traffic Engineer 1243 National City Boulevard National City, CA 91950 Re: Arcadia Dear Mr. Manganiello: ENGINEERING DEFT 2011 JiN 1 b A II, OS This letter is being sent on behalf of the Paradise Walk Corporation Board of Directors. The Board of Directors is requesting that Arcadia Street, which is the street adjacent to Paradise Walk he opened. The Board understands and is in favor that Arcadia would be a One Way access from East 8'h Street going north and would convert to a 2-way access starting at the entrance of Paradise Walk Community and leading onto East 8th Street. If you need any further information regarding this matter, please do not hesitate to contact at (858) 547-4373 extension 721 or via email at claudia.sitta n,transpacinc_com. Thank you for your assistance in this matter_ Claudia Sitta, CCAM, CMCA Community Manager On Behalf of the Paradise Walk Corporation Board of Directors Cc: Board of Directors Professional} Managed by Transpacific Management Service A Division of The Management Trust 9815 Carroll Canyon Rd., Suite 103 San Diego, CA 9213I 800/672-7800 * 858/547-4373 * 858/547-4388 Fax wuw. t ra nspacinc. com 3 I' .9IR 4 kii,4 DARADISE VILLAGE (619) 475-5040 • Fax (619) 475-5208 2700 East Fourth Street, National City, CA 91950 • www.LiveAtParadise.com rn a co tj Q r2 N June 23, 11 Mr. Stephen Manganicllo City of National City Development Services Dept. 1243 National City Blvd. National City, CA 91950 Dear Stephen: Pcr our conversations, it is the desire of the Paradise Village community to request, from the Traffic Safety Committee, for a temporary one-way conversion to Arcadia between 7th and 8`h Street This will provide both a safer and more convenient assess to the portion of our campus that enters off of Arcadia. Sincerely, Norm Smith, Executive Director 4 Location Map Arcadia Ave, 700 block (looking north) 6 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 2, 2011 AGENDA ITEM NO. 5 EM TITLE: Resolution of the City Council of the City of National City authorizing the installation of a blue curb handicap parking space with sign in front of the residence at 2432 Seawind Drive (TSC Item No. 2011-18) PREPARED BY: Stephen Manganiello, Traffic Engineers PHONE: 619-336-4382 EXPLANATION: See attached. DEPARTMENT: Development Services / APPROVED BY: Enj 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 July 13, 2011 the Traffic Safety Committee approved the staff recommendation for installation of a blue curb handicap parking space in front of the residence at 2432 Seawind Drive. ATTACHMENTS: xplanation . Resolution 3. Staff Report to the Traffic Safety Committee (July 13, 2011) Explanation Mrs. Amanda Capuno, resident of 2432 Seawind Drive, requested a blue curb handicap parking space in front of her home. Mrs. Capuno's mother, Leonila Capuno, is disabled and has a valid Disabled Person Placard from the State of California Department of Motor Vehicles. Staff visited the site and observed that there is a driveway on the property. However, staff does not consider the driveway to be "accessible" due to the steep slope. The garage is also too narrow to serve as an accessible parking space. Currently, there are no blue curb handicap parking spaces provided nearby. The City Council has adopted a policy, which is used to evaluate requests for handicap parking spaces. The City Council. Policy requirements for "Special Hardship" cases are as follows: 1. Applicant (or guardian) must be in possession of valid license plates for "disabled persons" or "disabled veterans". This condition is met. 2. The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence. This condition is met. 3. The residence must not have useable off-street parking available or an off- street space available that maybe converted into disabled parking. This condition is met. Since all three conditions of the City Council's Disabled Persons Parking Policy are met for this "Special Hardship" case, staff recommends installation of a blue curb handicap parking space with sign in front of the residence at 2432 Seawind Drive. At their meeting on July 13, 2011 the Traffic Safety Committee "unanimously" approved the staff recommendation. One year after installation of the handicap parking space staff will notice resident to reconfirm continued need for the handicap parking space. All work will be completed City Public Works. TSC 2011-18 RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF A BLUE CURB HANDICAP PARKING SPACE WITH A SIGN IN FRONT OF THE RESIDENCE LOCATED AT 2432 SEAWIND DRIVE WHEREAS, the resident of 2432 Seawind Drive has requested a blue curb handicap parking space in front of her home because one of the occupants is disabled and has a valid Disabled Person placard; and WHEREAS, after conducting an inspection, staff determined that all conditions have been met for the property to qualify for a blue curb handicap parking space; and WHEREAS, staff recommends installation of a blue curb handicap parking space with a sign in front of the residence at 2432 Seawind Drive; and WHEREAS, the Traffic Safety Committee approved staffs recommendation at its July 13, 2011 meeting. 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 a blue curb handicap parking space with a sign in front of the residence at 2432 Seawind Drive. PASSED and ADOPTED this 19th day of July, 2011. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR JULY 13, 2011 ITEM TITLE: 1 REQUEST FOR INSTALLATION OF A BLUE CURB HANDICAP PARKING SPACE IN FRONT OF 2432 SEAWIND DRIVE (BY A. CAPUNO) PREPARED BY: Stephen Manganiello, Engineering Division DISCUSSION: Mrs. Amanda Capuno, resident of 2432 Seawind Drive, has requested a blue curb handicap parking space in front of her home. Mrs. Capuno's mother, Leonila Capuno, is disabled and has a valid Disahled Person Placard from the State of California Department of Motor Vehicles. Staff visited the site and observed that there is a driveway on the property. However, staff does not consider the driveway to be "accessible" due to the steep slope. The garage is also too narrow to serve as an accessible parking space. Currently, there are no blue curb handicap parking spaces provided nearby. The City Council has adopted a policy, which is used to evaluate requests for handicap parking spaces. The City Council Policy requirements for "Special Hardship" cases are as follows: Applicant (or guardian) must he in possession of valid License plates for "disabled persons" or "disabled veterans". This condition is met. The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence. This condition is met The residence must not have useable off-street parking available or an off-street space available that maybe converted into disabled parking. This condition is met. It shall be noted that handicap parking spaces do not constitute "personal reserved parking" and that any person with valid "disabled persons" license plates may park in handicap spaces. STAFF RECOMMENDATION: Since all three conditions of the City Council's Disahled Persons Parking Policy are met for this "Special Hardship" case, staff recommends installation of a blue curb handicap parking space with sign in front of the residence at 2432 Seawind Drive. 1 EXHIBITS: 1 (or respondence 2 Location Map 3 Photo 4. Disabled Persons Parking Policy 2011-18 2 J UI». G 12.011 Seat.Jind Or Na-l-ioncQl Ct-Itd,Cat cilg50 sUp,Jtecr- ADA Accessible, Parking S(6cp,CS1oc,Cor13) Oear Mr. MarTnitllo: �1 -this "ex- I re4rf-k-f1)11rc. eSl-Gn aaesstblc orlLtnysp(P.Cblot,curb) for al rn(?}ii r r Leon lio. Ccyonol to -{Font of ovr rcSl rCe I0624-eci �`{�� SeGtjincl Dr, No -(-tonal Ct-1-t, g16150_ She is to Possession of a V 11cl ctsabld orkt P Placard tsS Ued 1 b� ihthe,Call -f t9f ntG DePurkmen{" o Mo;vr Vehlcues- A (-or) � flits lacor ��d t{-s ccc ,or106 Ide-}t,,cotton Cord are, eKo oS ct w t-t� 1s rerSf. y . The. 0Jatict(tlt1-) o-`- rarklnq seas cIOr Sea�)tn Gi Or is v r I rd irraftc. Par J alo Et)c(toaue,,tobAcin co GroSS-sfe t SecWint Or - IS Glso Itrrt- nd 1c rt treci m rvto-I-Gbr %D t Ik G� Coast cAb 01t S{ahtf . t t n a t -Eton -I-D Lrasi a_ 5 _10+�e, t,�Jt �ye�e�{,'tccn W alkwa U on busy In rce_ui-ton Also oJr rlJe� +�� ���lt �,t �►� E.lr9�.S�.�. nC� tip ljy�� �p � Slopes is S p a my m e -- doe. rc?I ice,I sole, TGf� / 1 ' SL 1 e-- (hark IOU t cAl rmtd -for I1oJr conidtt°Cci1On mU t�tGf�)eS, A„d if 1oO e hat, an S 11onS Gnd/off tar -curd, 900 cah c�n-I�lvl� VLLS cc-E(G19)`415-861a.- V- Slhar�1 y ft Grua CaeQn o , me 0w1re,- I (6 0 9 - (r 7 5 - s 6 / Z ) 1�ortlG oh°Gppltwn-E ***CUSTOMER RECEIPT COPY*** EXPIRES: 06/30/2013 *** D I S A B L E D PERSON P L A C A R D*** PLACARD NUMBER: D039760 CAPUNO LEONILA NELLIE RILVERIA 2432 SEAWIND DR NATIONAL CITY CA 91950 CO: 37 PIC: 1 TV: 92 DATE ISSUED: 06/29/11 MO/YR: ST DT FEES RECVD: 06/29/11 -AMT DUE : NONE .AMT RECVD - CASH : - CHCK - CRDT . HOO 613 27 0000000 0017 CS 1100 062911 Ni D039760 DEPARTMENT OF MOTOR VEHICLES PLACARD IDENTIFICATION CARD THIS IDENTIFICATION CARD OR FACSIMILE COPY IS TO BE CARRIED BY THE PLACARD OWNER. PRESENT IT TO ANY PEACE OFFICER UPON DEMAND. IMMEDIATELY NOTIFY DMIT BY PHONE' ORMAIL OF ANY CHANGE OF ADDRESS. WHEN PARKING, HANG THE PLACARD FROM TIIE :REAR VIEW MIRROR. REMOVE IT WHEN DRIVING_ PLACARD#f: D039760 EXPIRES: 06/30/2013 DOB: 08/09/1946 ISSUED: 06/29/11 TYPE: Ni PLACARD HOLDER: CAPUNO LEONTI,A NELLIE RILVERIA 2432. SEAWIND DR NATIONAL CITY CA 91950 PURCHASE OF FUEL (BUSINESS & PROFESSIONS CODE 13660): STATE LAW REQUIRES SERVICE STATIONS TO REFUEL A DISABLED PERSON'S VEHICLE AT SELF-SERVICE RATES, EXCEPT SEI,F.=:SER''VICE FACILITIES WITH ONLY ONE CASHIER_ WHEN YOUR PLACARD IS PROPERLY: DISPLAYED, YOGT.,MAY PARK TN/ON: 'DISABLED PERSON PARKING SPACES (BLUE ZONES) *METERED ZONES WITHOUT PAYING *GREEN ZONES WITHOUT RESTRICTIONS TO TIMID LIMITS *STREETS WHERE PREFERENTIAL PARKING PRIVILEGES ARE GIVEN•TO'3ESIDENTS AND MERCHANTS. YOU MAY NOT PARK IN/ON: *RED'. ZONES*TOW 'AWAY: ZONES *WHITE OR YELLOW ZONES *SPACES MARKED BY CROSSHATCH TONES _N'IEX:TO'DISABLED PERSON PARKING SPACES. IT TS CONSIDERED MISUSE: *TO DISP.IAY.A pLACARD UNLESS THE DISABLED OWNER IS BEING TRANSPORTED *TO DISPLAY PLACARDWHICH HAS BEEN CANCELLED OR REVOKED *TO LOAN YOUR PLACARD TO A`t ONE, INCLUDING FAMILY MEMBERS. MISUSE IS A MISDEMEANOR (SECTION 4461VC) AND CAN RESULT IN CANCELLATION OR 5 "WARNING: The illegal use of a disabled parks could result in maximum fine of $4,20 PURCHASE OF FUEL (Business & Professions Co- .0) State law requires service stations to refuel a ed person's'vehicle at self-service rates, except a --" e Location Map 2432 Seawind Dr (looking south) 7 DISABLED PERSONS PARKING POLICY The purpose of a disabled persons parking zone is to provide designated parking spaces at major points of assembly for the exclusive use of physically disabled persons whose vehicle displays a distinguishing license plate as authorized by the California Department of Motor Vehicles. The City Council may upon recommendation of the City Engineer, designate specially marked and posted on -street parking spaces for disabled persons pursuant to California Vehicle Code 21101, et seq. at the following facilities: 1_ Government buildings serving the public such as administration buildings, public employment offices, public libraries, police stations, etc. 2. Hospitals and convalescent homes with more than 75-bed capacity. 3 Medical facilities and doctors' offices staffed by a maximum of five practitioners. Zones shall be located to serve a maximum number of facilities on one block. Community service facilities such as senior citizens service centers, etc. Accredited vocational training and educational facilities where no off- street parking is provided for disabled persons. Employment offices for major enterprises employing more than 200 persons. Public recreational facilities including municipal swimming pools, recreation halls, museums, etc. Public theaters, auditoriums, meeting halls, arenas, stadiums with more than 300 seating capacity. 9. Other places of assembly such as schools and churches. 10. Commercial and/or office building(s) with an aggregate of more than 50,000 square feet of usable floor space. Zone shall be located to serve a maximum number of facilities on one block. 11. Hotels catering to daily guests, maintaining a ground floor lobby and a switchboard that is operated 24 hours per day. 8 12. A hotel or apartment house catering to weekly or monthly guests and containing more than 30 separate living units. In addition, disabled persons parking spaces may be provided within all publicly owned, leased or controlled off-street parking facilities as specified in the General Requirements. General Requirements Each disabled persons parking space shall be indicated by blue paint and a sign (white on blue) showing the international symbol of accessibility (a profile view of a wheelchair with occupant). Where installed under the above criteria the total number of disabled persons curb parking spaces will be limited to 3% of the total number of on -street parking spaces available in the area and shall be distributed uniformly within the area. Disabled persons parking wilt not be installed at locations with a full-time parking prohibition. When a disabled persons parking zone is installed where a part-time parking prohibition is in effect, the disabled persons parking zone will have the same time restrictions as the part-time parking prohibition. The cost of installing disabled persons parking will be assumed by the City on public streets and public off-street parking facilities. In establishing on -street parking facilities for the disabled there shall be a reasonable determination made that the need is of an on -going nature. The intent is to prevent the proliferation of special parking stalls that may be installed for a short-term purpose, but later are seldom used. Unjustified installation of such parking stalls unnecessarily increases the City's maintenance and operations costs, reduce available on - street parking for the general public, and detract from the overall effectiveness of the disabled persons parking program. Special Hardship Cases it is not the intention of the City to provide personal reserved parking on the public right-jof-way, especially in residential areas_ However, exceptions may be made, in special hardship cases, provided all of the following conditions exists: (1) Applicant (or guardian) must be in possession of valid license plates for "disabled persons" or "disabled veterans." (2) The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence. 9 (3) Subject residence must not have useable off-street parking available or off-street space available that may be converted into disabled parking. NOTE:It must he emphasized that such parking spaces do not constitute "personal reserved parking" and that any person with valid "disabled persons" license plates may park in the above stalls. Jha: p 10 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 2, 2011 AGENDA ITEM NO. 6 'EM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute an agreement with Kimley-Horn and Associates, Inc. for a not to exceed amount of $772,003.50 to provide design services for various Capital Improvement Projects, authorize a 30% contingency amount up to $231,601.05 for unforeseen project needs. (Funded by 2011 Tax Allocation Bond (CIP)— various projects and 2011 Tax Allocation Bond (Housing) - WI-TOD Public Works Relocation) PREPARED BY: Stephen Manganiello, Traffic Engineer/Zl DEPARTMENT: Develo.� ices / PHONE: 619-336-4382 APPROVED BY: En EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. See attached Financial Statement ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Explanation Financial Statement 3. Agreement 4. Resolution Explanation In order to assist staff in delivering the City's 5-Year Capital Improvement Program (FY 2011-2016), a Request for Proposal (RFP) for design services was advertised on February 17, 2011. In addition, the RFP was e-mailed to all 114 firms compiled in the Development Services Department's consultant database. On Thursday, February 24, 2011, an informational meeting was held in the Council Chambers to review the projects listed in the RFP and to answer questions. Forty (40) representatives from various consulting firms attended. On March 11, 2011 the Development Services Department received proposals from 16 firms and assembled a four -member review panel consisting of staff from Development Services and Redevelopment to review the proposals. The design team lead by Kimley-Horn and Associates was unanimously determined by the panel to present the most comprehensive proposal and understanding of the projects. Key subconsultants listed on the Kimley-Horn team include KTU+A — landscape architects, Platt/Whitelaw Architects (PWA) — facilities design, and The Planning Center (merger with DC&E) — urban planning and environmental. Staff conducted several meetings with Kimley-Horn to prepare a detailed scope of work and to negotiate costs for design services for Tier 1 Capital Improvement Projects. After City Council adoption of the Fiscal Year 2011-2012 CIP Program and the proposed 5-year CIP, staff drafted a contract that includes the following projects: 1. WI-TOD (Public Works Relocation) 30% Design (Housing Bond) 2. Coolidge Avenue (Plaza Boulevard to 18th Street) 100% Design (CIP Bond) 3. D Avenue (8th Street to 18th Street) / Roundabout 100% Design (CIP Bond) 4. Kimball Park 30% Design (CIP Bond) 5. Las Palmas 30% Design (CIP Bond) Kimley-Horn and Associates' cost proposal is $772,003.50 as outlined in the attached contract. Staff recommends approval of the contract and requests authorization to use up to 30% contingency in the amount of $231,601.05 for unforeseen project design needs. RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A THREE-YEAR AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC., TO PROVIDE DESIGN SERVICES FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS FOR THE NOT TO EXCEED AMOUNT OF $772,003.50, AND AUTHORIZING 30% CONTINGENCY UP TO $231,601.05 FOR UNFORESEEN PROJECT NEEDS WHEREAS, the City desires to employ a consultant to provide design services for various capital improvement projects; and WHEREAS, the City has determined that Kimley-Horn & Associates, Inc., is qualified by experience and ability to perform the services desired by the City, and Kimley- Horn & Associates, Inc., is willing to perform such services for the not -to -exceed amount of $772,003.50 WHEREAS, a contingency amount up to $231,601.50 for unforeseen project needs is requested. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an agreement with Kimley-Horn & Associates Inc., for a three-year period to provide design services for various capital improvement projects for the not -to -exceed amount of $772,003.50. Said Agreement in on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Council hereby authorizes a contingency amount up to $231,601.05 for unforeseen project needs. PASSED and ADOPTED this 19th day of July, 2011. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney Attachment No. 2 — Financial Statement WI-TOD (PW Relocation) Coolidge Avenue Phase I Coolidge Avenue Phase II D Avenue Design Phase I D Avenue Design Phase II Kimball Park Design Phase Kimball Park Design Phase II Las Palmas Park Phase I Las Palmas Park Phase II 525-409-500-598-1592 524-409-500-598-6173 524-409-500-598-6173 524-409-500-598-6175 524-409-500-598-6175 524-409-500-598-4132 524-409-500-598-4132 52 4-409-500-598-413 3 524-409-500-598-4133 $61,901.50 $91,718.00 $92,441.00 $105,871.50 $96,813.00 $111,481-10 $45,517-00 $119,278.40 $46,982.00 $772,003.50 1 AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND KIMLEY-HORN AND ASSOCIATES, INC. THIS AGREEMENT is entered into this 2nd day of August, 2011, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Kimley-Horn and Associates, Inc., (the CONSULTANT). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide design services for the City's Capital Improvements projects. WHEREAS, the CITY has determined that the CONSULTANT is a design firm and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. FOLLOWS: NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS 1. ENGAGEMENT OF CONSULTANT. The CITY hereby agrees to engage the CONSULTANT and the CONSULTANT hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services required hereunder will be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. SCOPE OF SERVICES. The CONSULTANT will perform design services in accordance with the defined scope of work for each project as setforth in the attached Exhibit A. The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CITY may unilaterally, or upon reduce or increase the Scope of Services Agreement Upon doing so, the CITY and confer for the purpose of negotiating compensation associated with said change base amount. request from the CONSULTANT, from time to time to be performed by the CONSULTANT under this the CONSULTANT agree to meet in good faith and a corresponding reduction or increase in the in services, not to exceed a factor of 30% from the 3. PROJECT COORDINATION AND SUPERVISION. Stephen Manganiello, Traffic Engineer hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall 2 responsibility for the progress and execution of this Agreement for the CONSULTANT. Scott Colvin, P.E. thereby is designated as the Project Director for the CONSULTANT. 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on actual work requested and performed, not -to -exceed $772,003.50 Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A" as determined by the CITY. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. ACCEPTABILITY OF WORK. The City shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement and the amount of compensation due. In the event the CONSULTANT and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the City or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the City shall each prepare a report which supports their position and file the same with the other party. The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 6. LENGTH OF AGREEMENT. Work to begin upon receipt of signed agreement from the CITY and terminates on August 1, 2014. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY and CONSULTANT thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONSULTANT's written work product for the CITY's purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 2 3 City's Standard Agreement -- June 2008 revision 8. INDEPENDENT CONSULTANT. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employee of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or subCONSULTANTs, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its SUBCONSULTANT(s) shall require the subCONSULTANT to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT's employees except as herein set forth, and the CONSULTANT expressly agrees not to represent that the CONSULTANT or the CONSULTANT's agents, servants, or employees are in any manner agents, servants or employees of the CITY, it being understood that the CONSULTANT, its agents, servants, and employees are as to the CITY wholly independent CONSULTANTs and that the CONSULTANT's obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT, and each of its subCONSULTANTs, shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT'S trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or 3 4 Cily's Standard Agreement —June 2008 revision litigation proceedings concerning the CONSULTANT's professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action, shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death 4 5 City's Standard Agreement —June 2008 revision of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT's negligent performance of this Agreement. 16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONSULTANTS, when applicable, to purchase and maintain throughout the term of this agreement, the following insurance policies: A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). C. Commercial general liability insurance, with minimum limits of $1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Agreement. D. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and workers' compensation policies, shall name the CITY and its officers, agents and employees as additional insureds, and separate additional insured endorsements shall be provided. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A Vill according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. 5 6 City's Standard Agreement —June 2000 revision J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. K. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's tees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective 6 7 City's Standard Agreement - June 2008 revision date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21 _ NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: To CONSULTANT: City of National City Maryam Babaki, Director of Development Services 1243 National City Blvd National City, CA 91950 Kimley-Horn and Associates, Inc_ Attn: Scott Colvin, P.E. 401 B Street, Suite 600 San Diego, CA 92101 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT 7 8 City's Standard Agreement —June 2008 revision represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONSULTANT. 23. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts_ This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. . I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and 8 9 Gay's Standard Agreement — June 2008 revision the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY KIMLEY-HORN AND ASSOCIATES, INC. By: By: Ron Morrison, Mayor Matthew Barlow, Vice President 4 (Print) APPROVED AS TO FORM: Claudia G. Silvia Scott Colvin, P.E., Assistant Secretary City Attorney 9 (Print) 10 Cilys Standard Agreement —June 2008 revision so Iry Kimley-Horn m and Associates, Inc. July 20, 2011 Ms. Maryam Babaki City of National City City Engineer 1243 National City Boulevard National City, CA 91950 Re: Concept Plans for 5-Year Capital Improvement Projects (CIP) Dear Ms. Babaki: Kimley-Horn and Associates ("KHA" or "Consultant") is pleased to prepare this letter agreement to the City of National City ("City"). Project Understanding This project will provide the City an opportunity to further develop some of the opportunities outlined in the recent General Plan Update EIR. Upon the development of further refined concept plans and opinions of probable construction cost, the City will be able to plan an implementation strategy for the next five years and begin final design on the identified priority projects. The project team consists of KIIA has the prime consultant with the following subconsultants: • KTU+A - Lead for the site design for Kimball Park and assisting with design ideas for Las Palmas, D Avenue, Hoover Park, and Paradise Creek. • DC&E I The Planning Center — Lead for the site design of Hoover Park and Paradise Creek and assisting with design ideas for Kimball and Las Palmas Parks. • Platt Whitelaw Architects Architectural evaluation and concepts for Kimball and Las Palmas Parks. • Alternate Street Design — Roundabout expert assisting with 12th and D Avenue roundabout and roundabout evaluation for other intersection as part of the Bond Program concept plans. • PCG Utility Consultants — 12th and D Ave roundabout and Coolidge dry utility consultant. • Sampo Engineering — Survey for Bond Program projects and 12th and D Avenue roundabout. • Brailsford Public Art — Public Art design for I2a' and D Avenue roundabout and Concepts for Las Palmas and Kimball Parks. • SITE Design Group - Skate Park Public Workshops and Conceptual Design for 2 skate parks. • Leighton -- Geoteclurical for Skate Parks and 12`h and D Avenue ■ 401 9 Street Suite 600 San Diego, California 92101 ■ TEL 619 234 9411 FAX 619 234 9433 11 ®®®® Kimley-Horn ® and Associates, Inc. Ms. Rabaki, July 20, 2011, Page 2 roundabout. • Summa Architecture — Architectural for Public Works facilities at the Senior Village site. • Aguirre and Associates — Survey for Coolidge. • Our subs (not yet identified) — Aerial Survey company, Structural evaluation of Camacho Gym, Platt Whitelaw cost estimating sub. Scope of Services Task 1— Project Kick-off Meeting KHA will attend a kick-off meeting with the City to discuss the final project locations and limits of concept development, review project schedule, and review project budget. This meeting is intended to be a workshop format where the entire team will discuss project goals and objectives. Task 2 — Survey (Aerial) /Right -of -Way KHA will consult with Sampo Engineering (Sampo) who will perform field control survey for the purpose of establishing horizontal control in terms of NAD 83 and vertical control in terms City datum at the project sites outlined below. KHA will research readily available record survey maps within the immediate vicinity of the projects to calculate the relative record positions of centerline and right-of-way monuments for the purpose of expediting the field reconnaissance task. Found monuments will be surveyed by Sampo in relation to the established project control to resolve the centerlines of intersecting streets within the project limits. A base right-of-way file will be prepared by KIIA based on the centerline resolutions. Sampo will set panel points (up to ten panels) and manage the delivery of aerial mapping of the project areas at 40-scale and a one foot contour interval. The mapping deliverable will include color orthophotos at .30 pixel resolution. No supplemental survey is included in this task. Surveying will be performed in accordance with the Caltrans survey manual. The following locations will be surveyed: • Kimball Park • Las Palmas Park • Hoover Avenue Pocket Park at Kimball Elementary School • Paradise Creek from West Avenue to l9th Street • Area bounded by National City Boulevard, hoover Street, 16th Street, and 18th Street • Kimball Way/Public Works/Senior Center Task 2 - Deliverables: l copy of each basemap (5) on 24"x36" — paper; electronic copy of basemap files in AutoCAD format; I digital image for each basemap (5) 12 ®®� Kimley-Horn ® and Associates, Inc. Kimball Park — Design Phase I Ms Babaki, July 20, 2011, Page 3 "Task 3 — Kimball Park Kimball Park is located in the heart of National City and is a vital part of the civic core of the community. While the Park currently includes a number of recreational amenities and is frequently used by the community, there are a number of opportunities for improvement and additional amenities to Netter serve their needs. Initial concept planning has been completed, and environmental review is underway for the park improvement project. This project, through the CIP process, offers the potential to build on initial designs and prepare more detailed concepts for the public buildings at the north side of the park, a potential new location for the City's Public Works Yard, community gardens, a permanent skate park, conversion of 15th Street, east of National City Boulevard into a one- way EB roadway for SI3 National City Boulevard vehicles to access the library parking lot and a pedestrian promenade with opportunities for a Sunday farmers' market, and other landscape design improvements. Some of the key issues the team has identified include compatibility of the skate park in proximity to the proposed Library Lofts development at the corner of loth Street and National City Boulevard; the need to improve pedestrian access from the west to Kimball Park, the library and the potential farmers' market; the need to improve the functionality of the existing public buildings at the north side of the park; and the need for a new home for the City's Public Works Yard. Task 3.1— Data Collection and Project Set-up KEA will collect record information for the proposed work areas to the extent readily available. KI-IA will perform one site visit during this task. The team will collect and review relevant planning documents, traffic studies, General Plan Update EIR, and redevelopment plans. Task 3.2 — Obtain Utility Service Information KHA will obtain readily available existing utility information. This will include sending out utility notification letters to each known utility service provider within the project area and upon receipt, information will be added to the basemap. In addition, our team will perform a site visit to observe the information obtained from local utility company records and to identify existing above ground facility locations, and systems types where available. Task 3.3 — Conceptual Design Development Task 3.3a — Site Analysis /Summary of Opportunities and Liabilities: The KI-IA team will visit the project site to continue the discussion on the relevant issues associated with this project that have been discussed in previous meetings with the City, specifically the May 4's, 2011 meeting. The team will inventory the project area to gather information on the visible features of the site. An informal site analysis will be conducted for the project, as well as an informal opportunity and constraints plan. 13 ®®l Kimley-Horn ® and Associates, Inc. Ms Babaki, July 20, 2011, Page 4 Task 3.3b — Concept Plan: The team will develop an initial concept plan for Kimball Park. The concept plan will seek to better utilize the existing public buildings at the north side of the park, propose a potential new location for the City's Public Works Yard, locate new community gardens, locate a new permanent skate park, provide a conceptual design for 15th Street, east of National City Boulevard, propose improvements to Kimball Bowl, explore public art concepts, and propose other improvements to Kimball Park. We will prepare both a plan view and an exhibit showing sections, elevations, or photos depicting proposed improvements to the site, including public amenities. This initial concept plan will be presented to the City, along with a narrative describing the proposed improvements. This scope assumes up to two (2) revisions to the concept plan based upon review comments by the City. Task 3.3e - Preliminary Grading Plan: This plan will show on -site preliminary grading and drainage for the site and will be incorporated into the first revision of the concept plan. One (I) estimate of cut and fill quantities will be made based upon these preliminary grading plans. This scope assumes one (1) revision to the preliminary grading plan. Task 3.3d - Preliminary Utility Plan: This plan will indicate proposed sanitary sewer, domestic water, fire water, and storm drain connections needed to service the proposed improvements and will be presented to the City with the First revision to the concept plan. This assumes a horizontal schematic plan only, and will not include any studies or sizing of pipes. This scope assumes one (I) revision to the preliminary utility plan. Task 3.4 — Opinion of Probable Construction Cost The team will prepare a Preliminary Opinion of Probable Construction Cost (OPCC) for the concept plan that will identify the design items, unit prices, contingencies, final design costs (including environmental) and an overall project cost. Task 3 - Deliverables: • Site Analysis Summary with Opportunities and Constraints identified • Park program requirements with adjacent facilities and deficiencies identified • Concept Plan— Plan view and exhibit, color, 24" x 36" • Text descriptions of the Concept Plan along with permitting steps as well as follow on CEQA requirements • Preliminary Grading Plan • Preliminary Utility Plan • Opinion of probable construction cost — electronic copy (PDF) • Copies of utility notification letters and any responses received (available upon request). • Site photos (available upon request). 14 Kimley-Horn is_ MAE and Associates, Inc. Ms Rabaki, July 20, 2011, Page 5 Task 4 — Kimball Park Architectural Concepts Task 4.1 — Data Collection & Evaluation, Develop Facilities Programs for Buildings Task 4.la — Facilities Evaluation: Platt/Whitelaw Architects (PWA) will pet -form field and record drawing reviews and report on the existing Community Building, Recreation Center and Arts Center buildings and the amphitheater structure, for compliance with current standards for Accessibility and Fire & Life Safety; they will also evaluate and report on deferred maintenance, sustainability (energy & resource efficiency and interior environmental quality), function, and aesthetics of the facilities. City will provide PWA with any requested available records and responses to evaluation questions. Task 4.1b — Programming: PWA will provide documentation of facilities programs including recommended revisions. The programming tasks will result in a definition of the various functions and how they will be accommodated in the buildings. Through research, observation and evaluation, we identify functions, space needs, adjacency needs, number of occupants, special characteristics of each space (storage, plumbing, mechanical, electrical, and special equipment). Task 4.1c — Sun angle study: PWA will perform a sun angle study on the amphitheater structure to determine appropriate strategies to provide shading of seating areas without view blockage. Selecting critical times such as late afternoon summer concerts, July 4th celebration pageant and other functions to be determined in discussion with the City, we will use building plans and sections as appropriate to map the solar geometry during these predetermined critical activity times to use as the basis for design of shading strategies. Task 4.1d — Meeting with City Staff PWA will provide preliminary observations regarding the evaluations documentation of existing program of accommodations and preliminary observations regarding the suitability of these accommodations for their current and potential additional uses. Task 4.2 — Conceptual Design — Rehabilitation of existing facilities: PWA will design proposed revisions to the three existing buildings and the amphitheater shading that would mitigate deficiencies identified in Task 4.1 a and better serve existing and future purposes. Specifically for the Recreation Center building, PWA will utilize the programming documentation prepared by others (to be provided by the City) to potentially relocate the Public Works administrative offices, currently located at another site, to this building. Task 4.3 — Opinion of Probable Construction Costs PWA will develop OPCCs for the design concepts identified in Tasks 4.2. 15 ®®� Kimley-Horn ® and Associates, Inc. Ms_ Rabaki, July 20, 2011, Page 6 Task 4 - Deliverables • Facilities Evaluation Report— electronic copy (PDF) • Sun Angle Study — electronic copy (PDF) • Documentation of recommended facilities programs — electronic copy (PDF) • Concept Architectural Floor Plans for Community Building — 1 color copy, 24" x 36" • Concept Architectural Floor Plans for Recreation Building - 1 color copy, 24" x 36" • Concept Architectural Floor Plan for Arts Center Building - 1 color copy, 24" x 36" • Concept Architectural Floor Plan and Section for Amphitheater shading - 1 copy, 24" x 36" • Opinion of Probable Construction Costs — electronic copy (PDF) Kimball Park (Paradise Creek) — Design Phase II Task 5 — Paradise Creek Restoration Plan It is our understanding that the City wishes to close off West Avenue completely and redevelop the block into a linear park around a restored Paradise Creek Corridor. We have evaluated this project and have formulated a plan that will allow the City to close West Avenue to through traffic while maintaining access to existing businesses. In addition to this we explored the opportunity to extend the trail connection to the Southern edge of Kimball Park thereby making a connection across National City Boulevard to the Paradise Creek Corridor, while creating a more celebrated southern gateway into Kimball Park. This scope of work covers concept planning for the restoration of Paradise Creek from 19`h Street to West Avenue and from the Southwest corner of Kimball Park to D Avenue. Task 5.1 — Data Collection and Project Set-up KIIA will collect record information for the proposed work areas to the extent readily available. KIIA will perform one site visit during this task. The team will collect and review relevant planning documents, traffic studies, General Plan Update EIR, hydraulic studies, permitting requirements, and redevelopment plans. Task 5.2 — Obtain Utility Service Information KIIA will obtain readily available existing utility information. This will include sending out utility notification letters to each known utility service provider within the project area and upon receipt, information will be added to the basemap. In addition, our team will perform a site visit to observe the information obtained from local utility company records and to identify existing above ground facility locations, and systems types where available. Task 5.3 — Hyd raulic Analysis KI-IA will prepare preliminary hydraulic calculations for approximately 1,200 linear feet of the existing Paradise Creek concrete lined channel. The existing conditions capacity calculations will be used to develop a proposed vegetated 16 ®� Kimley-Horn EMI and Associates, Inc Ms. Babaki, July 20, 2011, Page 7 channel cross section for Paradise Creek that will not affect the floodplain or the base water surface elevation during the 100-year storm event. Preliminary hydraulic calculations will be prepared using normal depth calculation to determine the proposed cross section geometry. Downstream culvert and channel hydraulics will be analyzed to determine if boundary conditions for tailwater and culvert headwater elevations have impacts to the channel capacity. The hydraulic analysis will be limited to a capacity comparison (our scope is intended to replace the current channel in kind with regards to capacity), and the two proposed channel sections will be analyzed assuming deviations in plant selection or maintenance teens. Task 5.4 — Conceptual Design Development Task 5.4a — Concept Plan: The KHA team will develop an initial concept plan for the restoration of Paradise Creek from 19th Street to West Avenue and from the Southwest corner of Kimball Park to D Avenue and for the improvements to West Avenue. We will provide both a plan view graphic and cross sections depicting proposed design improvements to the creek channel and riparian corridor. This will include typical trail design and cross sections and a recommended plant palette. We will work with California Department of Fish and Game to provide adequate buffers and an acceptable planting palette. In addition, we will recommend proposed site furnishings, including lighting, wayfinding, and interpretive signage locations. This initial concept plan will be presented to the City, along with a narrative describing the proposed improvements, as well as permitting and CEQA considerations for the implementation of the concept plan. This scope assumes up to two (2) revisions to the concept plan based upon review comments by the City. Task 5.4b - Preliminary Grading Plan: This plan will show on -site preliminary grading and drainage for the restoration of Paradise Creek from 19th Street to West Avenue and from the Southwest corner of Kimball Park to D Avenue. One (1) estimate of cut and fill quantities will be made based upon these preliminary grading plans. This scope assumes one (1) revision to the preliminary grading plan: Task 5.5 — Opinion of Probable Construction Cost KHA will prepare an OPCC for the concept plan that will identify the design items, unit prices, contingencies, final design costs (including environmental), and an overall cost. Task 5.5 -Deliverables: • Technical hydraulic Memorandum — electronic copy (PDF) • Preliminary Existing and Proposed Hydraulic Capacity Calculations • Concept Design — Plan view and cross -sections, 1 copy, color, 24" x 36" • Summary of concepts and permitting and CEQA considerations • Preliminary Grading Plan • Opinion of probable construction cost electronic copy (PDF) 17 VKimley-Horn and Associates, Inc. Ms. Babaki, July 20, 2011, Page 8 • Copies of utility notification letters and any responses received (available upon request). • Site photos (available upon request) Las Palmas Park— Design Phase I Task 6 — Las Palmas Park Las Palmas Park is located in the south-central portion of the City. 'The park provides important recreational opportunities to residents and includes the only municipal pool and community gym in the city. However, significant site improvements are needed to improve functionality of the building facilities, provide additional amenities, and enhance the attractiveness of the park overall. Substantial work has been done to envision a future for the park with initial concept plans and an environmental review for park improvements now underway. While there are overall park improvements anticipated as part of the Las Palmas Park and Facilities Vision Concept Plan, the portion of the park that comprises this project provides an opportunity for the City to build on these past efforts through the CIP process, and to prepare more detailed concepts for pool and gym facility upgrades and redesign, a new skate park, parking improvements, an enhanced park entrance and roadway, and other landscape design improvements. Some of the key issues the team has identified include the need for the solar facility to remain in its current site since relocation would be expensive; working with the change in grade between the pool and gym facilities to maintain an active civic space; and improving the functionality of both facilities. Task 6.1 — Data Collection and Project Set-up KHA will collect record information for the proposed work areas to the extent readily available. KHA will perform one site visit during this task. The team will collect and review relevant planning documents, traffic studies, General Plan Update EIR, and redevelopment plans. Task 6.2 — Obtain Utility Service Information KHA will obtain readily available existing utility information. This will include sending out utility notification letters to each known utility service provider within the project area and upon receipt, information will be added to the basemap. In addition, our team will perform a site visit to observe the information obtained from local utility company records and to identify above ground existing facility locations, and systems types. Task 6.3 — Conceptual Design Development Task 6.3a — Site Analysts / Summary of Opportunities and Liabilities: KHA will visit the project site to continue the discussion on the relevant issues associated with this project that have been discussed in previous meetings with the City, specifically the May 4th, 2011 meeting been. The team will inventory and analyze the project area to gather information on the visible features of the site. An informal site 18 19 Kimley-Horn and Associates, Inc. Ms, Babaki, July 20, 2011, Page 9 analysis will be conducted for the project, as well as an informal opportunity and constraints plan. Task 6.3b — Determine Park Program Requirements: With input from staff, identifiable facility deficiencies at Las Palmas Park will be determined. A service area of 1-3 miles would be looked at and existing facilities that fall in neighborhood or community parks would be compared. Typical community based park standards and facility types will be compared with existing Las Palmas Park or area facility types and a list of deficiencies created for consideration. Task 63c — Concept Plan: The KI-IA team will develop an initial concept plan for Las Palmas Park. The concept plan will locate a new permanent skate park, evaluate the need for and potential locations for additional parking, provide ideas for the area between the existing gymnasium and the existing pool, explore public art concepts, and propose other improvements to Las Palmas Park. We will prepare both a plan view and an exhibit showing sections, elevations, or photos depicting proposed improvements to the site, including public amenities. This initial concept plan will be presented to the City, along with a narrative describing the proposed improvements. This scope assumes up to two (2) revisions to the concept plan based upon review comments by the City. Task 6.3d _ Preliminary Grading Plan: This plan will show on -site preliminary grading and drainage for the site and will be incorporated into the first revision of the concept plan. One (1) estimate of cut and fill quantities will be made based upon these preliminary grading plans. This scope assumes one (I) revision to the preliminary grading plan. Task 6.3e - Preliminary Utility Plan: This plan will indicate proposed sanitary sewer, domestic water, fire water, and storm drain connections needed to service the proposed improvements and will be presented to the City with the first revision to the concept plan. This assumes a horizontal schematic plan only, and will not include any studies or sizing of pipes. This scope assumes one (1) revision to the preliminary utility plan. Task 6.4 — Opinion of Probable Construction Cost KI-IA will prepare an OPCC for the concept plan that will identify the design items, unit prices, contingencies, final design costs, including environmental, and an overall cost. Task 6 - Deliverables: • Site Analysis Summary with Opportunities and Constraints identified • Park program requirements with adjacent facilities and deficiencies identified • Concept Plan — Plan view and exhibit, color, 24" x 36" 19 nKimley-Horn and Associates, Inc. Ms- Babaki, July 20, 2011, Page 10 • Text descriptions of the Concept Plan along with permitting steps as well as follow on CEQA requirements • Preliminary Grading Plan • Preliminary Utility Plan • Opinion of probable constriction cost — electronic copy (I'DF) • Copies of utility notification letters and any responses received (available upon request). • Site photos (available upon request) Task 7 — Las Palmas Park Architectural Concepts Task 7.1 -- Data Collection & Evaluation Task 7.1a — Facilities Evaluation: PWA will perform field and record drawing reviews and report on the existing gymnasium building and pool locker buildings for compliance with current standards for Accessibility, Fire & Life Safety, and Structural Safety; they will also evaluate and report on deferred maintenance, sustainability (energy & resource efficiency and interior environmental quality), function, and aesthetics of the facilities. Task 7 Ih — Meeting with City Stuff,• PWA will provide preliminary observations regarding the evaluations; City will provide PWA with responses to evaluation questions. Task 7.2 — Verify Facilities Programs for Gymnasium and Pool House Task 7.2a — Meeting with City Staff: PWA will provide preliminary documentation of existing program of accommodations and preliminary observations regarding the suitability of these accommodations for their current and potential additional uses. City will provide PWA with any requested available records and responses to programming questions. Task 7.2h — Programming: PWA will provide documentation of facilities programs including recommended revisions. The programming tasks will result in a definition of the various functions and how they will be accommodated in the buildings. Through research, observation and evaluation, we identify functions, space needs, adjacency needs, number of occupants, special characteristics of each space (storage, plumbing, mechanical, electrical, and special equipment). Task 7.3 — Conceptual Design Based on the initial assessment, the project team will determine the next steps, which may include one or all of the following: Task 7.3a — Develop Design Concept to Replace Gymnasium: PWA will design a new gymnasium building concept to replace the existing building, considering different siting options (replace on existing site or relocate) and to accommodate updated program. 20 ®®VI Kimley-Horn MINI 1 and Associates, Inc Ms Babaki, July 20, 2011, Page 11 Task 7.3b — Develop Design Concept to Relocate Pool House: PWA will design a new, relocated pool house building concept to provide better public access, an improved proximity to the gymnasium building and to accommodate upgraded program. PWA will develop a design concept to repurpose the existing pool house building for another function (such as park maintenance) as an alternative to demolishing it. Task 7.3c — Develop Design Concept to rehabilitate the existing facilities: PWA will design proposed revisions to the existing buildings that would allow them to remain while correcting deficiencies identified in Task 6.1a and better serve their purposes. Task 7.4 — Opinion of Probable Construction Costs PWA will develop OPCCs for the design concepts identified in Tasks 6.3 a, b and c. Task 7 - Deliverables • Facilities Evaluation Report —electronic copy (PDF) • Documentation of recommended facilities programs — electronic copy (PDF) • Concept Architectural Floor Plans and Elevations for Gymnasium Building — 1 copy, 24" x 36" • Concept Architectural Floor Plans and Elevations for Pool house Building - 1 copy, 24" x 36" • Concept Architectural Floor Plan for repurposed existing Pool house - 1 copy, 24" x 36" • Concept Architectural Floor Plan for rehabilitating existing Pool house and Gymnasium - I copy, 24" x 36" • Opinion of Probable Construction Costs — electronic copy (PDF) Las Palmas Park (Skate Park) — Design Phase II Task 8 — Skate Parks Task 8.1 - Programming & Conceptual Design Task 8.1a - Project Kick-off Meeting: SITE Design Group (SITE) will issue a data sheet/questionnaire for the City to complete prior to the first project meeting. This data sheet will assist SITE in the programming and design of the skate parks. Task 8.1b — Skate Park Flow and Skill Level Diagrams: Develop two (2) alternative bubble diagrams for each skate park illustrating the layout and program relationships of the skate parks to the overall master plan amenities. Diagram skill levels, approximate size of amenities and circulation throughout each transition zone. Task 8.1c — Project Meeting #2 & Public Meeting #1: City shall provide SITE with any operational or maintenance issues pertaining to other parks 21 pr-" ®� Kimley-Horn and Associates, Inc. Ms Babaki, July 20, 2011, Page 12 within the City's oversight. SITE will use this information to respond to existing park issues that may be addressed in the design of this project. City shall provide SITE with any applicable municipality and surrounding area guidelines, specifications, and detailing as it relates to any designed element within the project. City shall additionally inform SITE of any special requirements for this particular project (city approved development plans, previously approved conceptual plans, special guidelines, area plans, etc.)_ Three separate meetings will occur on the same date: • Design Team Meeting — This meeting will include the Design Team. • Design Team/Project Consultant Meeting — This meeting will include the Design Team and City Staff. • Public Outreach Workshop/Pre-Design Phase — The public meeting, typically starting between 5:00 -- 7:00 pm, will be held to facilitate a work session to develop consensus and present the skate park bubble diagrams. SITE will present various skate park styles and props for public feedback on design direction. It is assumed the City will coordinate the location, and the KHA team will provide the advertisement flyer as well as meeting notes. Tusk 8.1- Deliverables: • Memorandum of project understanding and scope for each skate park — submitted to City for review and approval (PDF) • Matrix delineating requested items and status of each item (received/waiting on information). Matrix shall be issued to client after Design Team Meeting # 1 (PDF) • SITE shall use the existing preliminary park master plans as the deliverable for this task. • Public Meeting 111. Task 8.2 Schematic Design Phase Task 8.2a — Skate Park Conceptual Layout Plans: Based upon specific design criteria gathered from the City and public input obtained from the first public meeting, SITE will prepare (2) conceptual design plans for each skate park that will depict site facilities and relationships. Specific concept to be reviewed under this contract shall be limited to the following items: • Develop a maximum of two (2) conceptual skate park designs for each skate park identifying horizontal layout of the park based on the conceptual bubble diagram layout and client approval. • Pedestrian access and circulation system. • Relationship between the skate parks and existing/proposed recreation areas. • Landforms and grading concept (skate parks only). Task 8.2b — Project Specific Skate Park Website • Create website specific to this project available by first accessing www.sitedesigngroup.com. The website will be accessible 24/7 by 22 — gni Kimley-Horn IMP 1 and Associates, Inc. Ms. 13abaki, July 20, 2011, Page 13 anyone with the correct login and password, providing they have access to the Internet. • The website address, along with a login and password will be distributed to all participants in the public meeting # 1. • Items displayed on the website will include concept photos/drawings for each skate park. • Community will have the opportunity to interact with SITE via e-mail and provide design feedback. Task 8.2c — Project Meeting #3 & Public Meeting #2 Three separate meetings will occur on the same date: • Design Team Meeting — This meeting will include the Design Team. • Design Team/Project Consultant Meeting — This meeting will include the Design Team and City Staff. • Public/Skate Park Meeting #2 — The public meeting, typically starting between 5:00 — 7:00 pm, will be held to facilitate a work session to develop consensus and present the (2) conceptual skate park designs for each skate park identifying horizontal layout of the park based on the conceptual bubble diagram layout, public meeting #1 feedback, and client approval. It is assumed the City will coordinate the location, and the KHA team will provide the advertisement flyer as well as meeting notes. Task 8.2d — Develop Final Skate Park Schematic Master Plans • Develop (I) final park master plan for each skate park based on conceptual layouts, design team input, City input, and public design workshop comments. Task 8.2e — Preliminary Skate Park Cost Estimate • Determine OPCC for each skate park. • OPCC shall be based upon general square footage prices, based on current market conditions. Task 8.2 Deliverables: • Conceptual site plans and improvement sketches for each skate park to be used as a basis for the future construction documents (I set, color copy) • Project specific website accessible via www.sitedesigngroup.com. • Public Meeting #2. • Final skate park schematic master plan for each skate park (1 color copy, 1 PDF) • Preliminary costs for each skate park based on current market conditions. Coolidge Avenue (12te Street to Plaza Boulevard) — Design Phase 1 Task 9 — Extend Coolidge Avenue These tasks included the additional work required to produce Plans, Specifications, and Estimates (PS&E) for two additional blocks along Coolidge 23 Frl Kimley-Horn and Associates, Inc. Ms. Babaki, July 20, 2011, Page 14 Avenue, extending the project limits from 12h Street to Plaza Boulevard. These items of work include survey, utility research and utility base mapping, environmental documentation, development of a revised concept plan, plans, specifications, and estimates at 90%, 100%, and Final levels of completion, drainage calculations, and photometric calculations. Plans sheets will include additional construction and drainage details, demolition plans, improvement plans and profiles, signing and striping plans, electrical plans, streetscape plans, irrigation plans, and erosion control plans. Quality control and quality assurance and additional project coordination time are also included in these tasks. Task 10 — Coolidge Avenue Additional Project Improvements Based on review meetings with the City for the overall Coolidge Avenue Safe Routes to School Project, the following elements have been added into the overall project: slurry seal and hill signing and striping for the full length of Coolidge Avenue as well as W. I8a' Street between Hoover Street and IIarding Street, corner improvements to Big B Market, addition of bike racks to the project, infrastructure for security cameras, and potentially 2 community gardens_ This effort will be added to the current concept plan, 90% PS&E, Pre -final, and Final submittals. Construction Support: We will attend a pre -bid conference, as requested by the City. During the bidding and construction phase, KHA will respond to reasonable and appropriate RFIs, as requested by the City. The total hours assumed is outlined in the fee summary. Additional effort will be considered as an additional service. Record Drawings: K.I-IA will revise the approved design plans for the project, based upon field changes and revisions as provided by the contractor's field superintendent and approved by the City inspector. Plans shall be processed with the City of National City. Coolidge Avenue (12t Street to Plaza Boulevard) — Design Phase ft Task 11— Old Town/Hoover Avenue Park/Paradise Creek Walk Task 11.1—Data Collection and Project Set-up KI-IA will collect record information for the proposed work areas to the extent readily available. KHA will perform one site visit during this task. The team will collect and review relevant planning documents, traffic studies, General Plan Update EIR, and redevelopment plans. Task 11.2 — Obtain Utility Service Information KHA will obtain readily available existing utility information for Hoover Avenue, in addition, we will use field walk to observe major utilities within our project area for Old Town. This will include sending out utility notification letters to each known utility service provider within the project area and upon receipt, information will be added to the basemap. 24 PP' ®� Kimley-Horn MIN and Associates, Inc. Ms. Babaki, July 20, 2011, Page 15 Task 11.3 — Conceptual Design Development Task 11.3a — Concept Plan: The KIIA team will develop an initial concept plan for the Old Town Facilities. The concept plan will propose improvements on Plaza Boulevard, Civic Center Drive, 15th Street or l6`h Street, 18th Street, Wilson Avenue and critical intersection throughout the City's West Side. A concept plan for the Hoover pocket park will also be developed. This concept may include community gardens, access for ADA parking and storage and deliveries, a fanners' market, a recreation field, street trees and landscaping, and other improvements. We will prepare both a plan view and cross sections depicting proposed improvements to the site, including public amenities. These initial concept plans will be presented to the City, along with a narrative describing the proposed improvements. This scope assumes up to two (2) revisions to the concept plans based upon review comments by the City. Task 11.3b - Preliminary Grading Plan: This plan will show on -site preliminary grading and drainage for the Hoover pocket park site and will be presented to the City with the first revision to the concept plan. One (1) estimate of cut and fill quantities will be made based upon these preliminary grading plans. This scope assumes one (1) revision to the preliminary grading plan. Task 11.3c - Preliminary Utility Plan: This plan will indicate proposed sanitary sewer, domestic water, and storm dram connections needed to service the proposed improvements at the Hoover pocket park site and will be presented to the City with the first revision to the concept plan. This assumes a horizontal schematic plan only, and will not include any studies or sizing of pipes. This scope assumes one (1) revision to the preliminary utility plan. Task 11.4 — Opinion of Probable Construction Cost KEIA will prepare an OPCC for the concept plan that will identify the design items, unit prices, contingencies, final design costs (including environmental) and an overall cost. Task 11 Deliverables: • Concept Designs (2) — Plan view and cross sections, 1 copy, color, 24" x 36" • Text descriptions of the Concept Plan along with permitting steps as well as follow on CEQA requirements • Preliminary Grading Plan (1) • Preliminary Utility Plan (1) • Opinion of probable construction cost (2) — electronic copy (PDF) • Copies of utility notification letters and any responses received (available upon request) • Site photos (available upon request) 25 ®® Kimley-Horn lib ® and Associates, Inc. Ms. Rabaki, July 20, 2011, Page 16 D Avenue (816 to 18`h Street)/Roundabout — Design Phase I The City of National City was recently awarded a Safe Routes to School grant from the State of California to construct a roundabout at the intersection of 12th Street and D Avenue. The following tasks cover the public outreach as well as the completion of PS&E for the proposed roundabout. Task 12 — Project Kick-off Meeting KHA will attend a kick-off meeting with the City to discuss the project, review project schedule, and review project budget. This meeting is intended to be a workshop format where the entire team will discuss project goals and objectives. It is assumed that the kick-off meeting for this project will be conducted at the same time as the kick-off meeting for the Concept Plans for the 5-Year Capital Improvement Projects. Task 13 — Data Collection and Review Task 13.1 — Data Collection and Project Set-up This task will be part of the D Avenue Community Corridor scope of work. Task 13.2 — Survey/Right-of-Way KIIA will consult with Sampo Engineering (Sampo) who will perform control survey for the purpose of establishing horizontal control in terms of NAD 83 and vertical control in terms City datum at the project site. KHA will research readily available record survey maps within the vicinity of the projects to calculate the relative record positions of centerline and right-of-way monuments. Found monuments will be surveyed by Sampo in relation to the established project control to resolve the centerlines of all intersecting streets within the project limits. The information collected by Sampo will include: • Information at edge conditions at limits of work where new improvements will meet existing; • Cross -sections of D Avenue, 12th Street, and Kimball Avenue at 25-foot intervals; • Topographical features will include crown, curb, gutter, sidewalk, driveway profiles, walls, and permanent visible structures (if any), • Miscellaneous visible utility information such as invert elevations, pole locations, risers, cabinets, electrical equipment, utility poles, signing and striping and locations of other surface facilities within the project footprint, • Boundary survey to properly tie centerline control, existing property boundaries and right-of-way. Task 13.2 - Deliverables: Topographic base map in AutoCAD format, mapping base file in AutoCAD format. 26 Kimley-Horn I and Associates, Inc. Ms. Babaki, July 20, 2011, Page 17 Task 13.3 — Utility Base Mapping Preparation PCG Utility Consultants, Inc. (PCG) will conduct utility research to obtain readily available records for gas, electric, telephone, and cable television. In obtaining this information, PCG will coordinate with the City of National City, SDG&E, AT&T, and Cox. Results of the investigations will be integrated into an existing utility CAD base map that will be used by the project team to develop preliminary and final design plans. Task 13.3 - Deliverables: Site photos (available upon request), copies of utility notification letters and any responses received, utility base file in AutoCAD format. Task 14 — Conceptual Design KHA will revise the illustrative colored roundabout design concept (as presented in the interview on May 4, 2011) based on the information obtained and evaluated during the previous tasks. The conceptual design will include the major features of the proposed roundabout including geometric alignment, special pedestrian treatment, bus stops and parking changes, special bicycle treatment, right of -way information, and potential utility relocations. The conceptual design will be delivered to the City for review and comments. The purpose of the Conceptual Design is for the City to understand and agree with the major features of the design prior to the initial public outreach efforts. Task 14 - Deliverables: 1 copy of conceptual drawing — electronic (PDF). Task 15 — Video Simulation KIIA will revise the illustrative design concept based on the comment received from the City. Once the preliminary concept is finalized, KHA will prepare a 3 dimensional (3D) video simulation for the proposed roundabout. The 3D simulation will be prepared using Sketch up, Google modeling and Civil 3D. Task 15 - Deliverables: 1 electronic copy of 3D simulation. Task 16 — Initial Public Outreach KHA and Alternate Street Design, PA (ASD) will coordinate and conduct the Initial Public Outreach effort. The goals of the first public workshop are as follows: • Present the preliminary roundabout concept to the community; • Present the major features of the proposed roundabout; • Explain the major advantages of modern roundabout as they compare with other methods of intersection control; • Answer questions the community may have regarding the proposed roundabout; and • Obtain and document public comments that will need to be included and taken onto consideration during the final design. It is assumed KIIA will prepare the initial flyer for the meeting as well as a comment form to be completed by attendees of the community workshop. It is also assumed the City will secure a meeting facility. 27 ®®� Kimley-Horn � and Associates, Inc. Ms. Babaki, July 20, 2011, Page 18 Task 16 - Deliverables: Public meeting flyer, comment form; I copy of the presentation materials used during the initial public outreach; 1 copy of electronic summary of community comments. Task 17 — City Council Presentation KI4A and ASD will coordinate the City Council Presentation effort. The goals of the City Council presentation are: • Present the preliminary roundabout concept to City Council; • Present the major features of the proposed roundabout; • Summarize the initial public outreach meeting • Explain the major advantages of modern roundabout as they compare with other methods of intersection control; • Answer questions the City Council may have regarding the proposed roundabout; and • Obtain and document public City Council continents that will need to be included and taken onto consideration during the final design. Task 18 — Geotechnical Analysis This task will be part of the D Avenue Community Corridor scope of work. Task 19 — 90% Plans, Specifications, and Estimate (PS&E) Task 19.1 — 90% Design KHA will prepare 90% civil engineering drawings for City review and comment, based on the guidelines/ standards developed in our kick-off meeting, Caltrans and FHWA standards including the NCHRP Report 672, Roundabout: An informational Guide, Second Edition and the 2010 Manual of Traffic Control Devices (MUTCD). Our 90% design will consist of the following design items: • Title Sheet/Vicinity Map (1 sheet) • General Notes Sheet (1 sheet) • 'Typical Sections (1 sheet) • Constriction Details (I sheet) • Demolition Plan: 1" = 20' scale, (1 sheet) (showing saw cut lines, pavement removal, limits of grinding, utility adjustment) • Improvement Plan and Profile: 1 "=20' scale, (2 sheets) (showing existing grade elevations, proposed curb data, new ADA pedestrian ramps, new bicycle rarnps, drainage improvements, crosswalks, cross gutters, street improvements) • Private Driveways Details (1 sheet) • Signing and Striping Plans: I "-40' scale, (1 sheet) • Planting Plan: 1" = 20' scale, (1 sheet) (showing plant material selection) • Irrigation Plan: 1" = 20' scale, (1 sheet) (showing irrigation system components (i.e. sprinklers, piping, valves), irrigated areas, points of connection, pressure calculations and systems control) • Irrigation Details and irrigation schedule, (1 sheet) 28 Can n Kimley-Horn ® and Associates, Inc, Ms. Babaki, July 20, 2011, Page 19 • Soil Management Report as required by AB 1881 • Lighting and Electrical Plans: 1"=20' scale, (I sheet) — including location of proposed fixtures, photometric evaluation and voltage drop calculations. • Erosion Control Plan: 1" = 20' scale, (1 sheet) (will he prepared in accordance with the California State General Construction Permit Order No. 2009-0009-DWQ (Permit) to meet the numeric action level and numeric effluent limit a appropriate for the computed site and receiving water risk for the project site. The plans will include permanent stabilization required to demonstrate a minimum of 70% soil cover as compared to the pre -project condition. Task 19.2 — Opinion of Probable Construction Cost KHA will prepare a Preliminary OPCC for the 90% PS&E. The cost estimate will be presented to show the design items, unit prices, contingencies, and an overall cost. Task 19.3 — Technical Specifications KHA will prepare project technical specifications in the format of project specific modifications, as appropriate by construction item, to the Specifications of the City of National City, the Standard Specifications for Public Works Construction (Greenbook-2009) and the Caltrans Standard Specifications. Task 19 - Deliverables: Four sets of 90% improvement plans (24"x36"); One electronic copy of opinion of construction cost (PDF format). One electronic copy of the specifications (in MS Word format). Task 20 — 100% PS&E (pre -final submittal) Based on the written comments provided by the City engineering staff, KHA will revise the 90% PS&E and prepare the final PS&E package. It is assumed we will respond to a consolidated set of comments based on the review at 90% and these comments will not require major design changes. Task 20 - Deliverables: Four sets of 100% (pre -final) improvement plans (24"x36"); One electronic copy of opinion of construction cost (PDF format). One electronic copy of the specifications (in MS Word format). Task 21 -- Final PS&E (mylar submittal) Based on the written comments provided by the City engineering staff, KI1A will revise the 100% (pre -final) PS&E and prepare the final PS&E package including signed Mylar plans. It is assumed we will respond to a consolidated set of comments based on the review at 100% and these comments will not require major design changes. Task 21- Deliverables: Final PS&E package including 1 full size (24"x36") signed mylar plans. The final opinion of construction cost and the technical specifications will be delivered electronically (PI)F). 29 C�Kimley-Horn Mill and Associates, Inc. Ms. nabaci, July 20, 2011, Page 20 Task 22 - Drainage Study - Technical Memorandum KHA will provide a drainage report for the project which will analyze the spread through the roundabout. Drainage improvements may be required to ensure one dry lane during the 100-year storm event. KHA will submit two (2) copies of the draft study in a teclmical memorandum format for review by the City at the 90% submittals. The drainage study will be prepared in accordance with the latest edition of the San Diego County Drainage Design ManuaL Task 22 - Deliverables: Drainage Study Technical Memorandum submitted at 90%, and 100% design level. Task 23 — Notice of Intent/Storm Water Pollution Prevention Plan (SWPPP) This task will be part of the D Avenue Community Corridor scope of work. Task 24 — Stormwatcr Applicability Checklist/WQTR This task will be part of the D Avenue Community Corridor scope of work. Task 25 — Utility Coordination This task will be part of the D Avenue Community Corridor scope of work. Task 26 — Project Coordination, Meetings, and Management Task 26.1 - Project Coordination and Administration The D Avenue and 12th Street Roundabout project has many stakeholders, including the City of National City, Sweetwater Authority, MTS, dry utility companies, local organizations, and residents. Due to this large, unique mix of stakeholders, it is important that a cohesive team be established that will support the City and KHA project managers for the duration of the project_ We will provide ongoing coordination with subconsultants, the City, and those mentioned above throughout the duration of the project. In addition, a project schedule will be updated monthly throughout the project. Utility Coordination: PCG will coordinate with the affected utility companies to determine if relocation, removal, and/or adjustments to any existing facilities are required. Task 27 — Bid and Construction Support Task 27.1 — Pre -Bid Conference: We will attend a pre -bid conference, as requested by the City. Task 27.2 — Answer Requests for Information (RFIs) During the bidding and construction phase, KHA will respond to reasonable and appropriate RFIs, as requested by the City. These items will be billed on a time and materials basis. Twenty (20) hours have been budgeted for this task. Additional effort will be considered as an additional service_ Task 27.3 — Record Drawings KHA will revise the approved design plans for the project, based upon field changes and revisions as provided by the contractor's field superintendent and 30 ®� Kimley-Horn ® and Associates, Inc. Ms. nahaki, July 20, 2011, Page 21 approved by the City inspector. Plans shall be processed with the City of National City. Task 27 - Deliverables: Record Drawings; Task 28 — Potholing KIIA will contract with a potholing subconsultant to perform investigations to identify the horizontal and vertical location of existing utilities within the limits of improvements. It is assumed there will be 4-6 potholes for this project. Task 28 - Deliverables: Potholing Results D Avenue (8'h to 18'h Street)/Roundabout — Desivn Phase H Task 29 — D Avenue Community Corridor It is our understanding that the City has designated D Avenue as a Community Corridor and desires to enhance its role as a complete street for National City. The segment of D Avenue that the City would like us to focus our conceptual design on is from 8th Street to 18"' Street. All modes of transportation - pedestrian, bicycle, vehicular and transit are present today. Through the use of traffic calming, striping improvements, enhancements for multi -modal transportation and streetscape improvements, this vision can be achieved. We also understand that this corridor serves as a major utility transmission corridor and the need for the improvements to work with this element is critical as it is highly unlikely that these lines can be undergrounded. Task 29.1— Data Collection and Project Set-up KHA will collect record information for the proposed work areas to the extent readily available. KHA will perform one site visit during this task. The team will collect and review relevant planning documents, traffic studies, General Plan Update ER, redevelopment plans. Task 29.2 — Utility Base Mapping Preparation KIIA will conduct utility research to obtain readily available records for sewer, water, and storm drain. KHA will also obtain readily available as -built drawings for D Avenue and 12th Street. In obtaining this information, KHA will coordinate with the City of National City and Sweetwater Authority. Results of the investigations will be integrated into an existing utility CAD base rnap that will be used by the project team to develop preliminary and final design plans. Task 29.2 - Deliverables: Site photos (available upon request), copies of utility notification letters and any responses received, utility base file in AutoCAD format. Task 29.3 — Survey/Right-of-Way KHA will research readily available record survey maps within the vicinity of the projects to calculate the relative record positions of centerline and right-of-way monuments. A base right-of-way file will be prepared by KIIA based on the centerline resolutions. KHA will download field data provided by Sampo and incorporate it into the CAD base tile. 31 ®rl Kimley-Horn ® and Associates, Inc. Ms. Babaki, July 20, 2011, Page 22 Task 29.3 - Deliverables: Topographic base map in AutoCAD format, mapping base file in AutoCAD format_ Task 29.4 — Geotechnical Leighton Consulting, Inc. (Leighton) will conduct a review of readily available pertinent background information including as -built plans and the preliminary conceptual design; obtain encroachment and traffic control permits from the City of National City; site and mark out of the proposed exploratory boring locations for clearance by Underground Service Alert; core through the pavement at four selected locations in the intersection and adjacent to the intersection of D Avenue and 12th Street; and drill, log, and sample four exploratory test borings through the pavement cores to observe and sample the subgradc soils and evaluate of the condition of the existing pavement section. Samples of the encountered soils will be collected and transported to Leighton's in-house geotechnical laboratory for analysis. Laboratory testing is anticipated to include in -situ moisture content and dry density, grain size (sieve) analyses, R-value, and Atterberg Limits. After compilation and analysis of the data obtained from the background, field, and laboratory testing, Leighton will prepare an illustrated report presenting findings, conclusions, and geotechnical recommendations to assist in the design and construction of the proposed street improvements. It is assumed that cost for permitting will be waived by National City and that this field study will be performed during normal business hours. Prior to the 100% design submittal, Leighton will verify the geotechnical recommendations have been properly incorporated into the project design. Task 29.4 - Deliverables: 1 copy geotechnical report for the site. Task 29.5 — Conceptual Design Development The KHA team will develop preliminary concept plan and cross sections for D Avenue. As a part of this concept plan, the team will explore public art features with a focus on the 12th and D Avenue location for the proposed roundabout. This initial concept plan will be presented to the City along with a narrative describing the proposed improvements. This scope assumes up to two (2) revisions to the concept plan based upon review comments by the City. Task 29.5 - Deliverables: Concept Design — Plan view and cross sections, copy, color, 24" x 36", text descriptions of the Concept Plan along with permitting steps as well as follow on CEQA requirements. Task 29.6 — Opinion of Probable Construction Cost KHA will prepare an OPCC for the concept plan that will identify the design items, unit prices, contingencies, final design costs, including environmental, and an overall cost. The estimate will he broken down into sections per the City's direction. Task 29.6 - Deliverables: Opinion of probable construction costs — electronic copy (PDF). 32 ® Kimley-Horn hub— 1 and Associates, Inc. Ms. Babaki, July 20, 2011, Page 23 Task 29.7 — Notice of Intent/Storm Water Pollution Prevention Plan (SWPPP) KIIA will prepare a SWPPP report for the proposed project as required by the State Water Resource Control Board (SWRCB) based on the revised requirements effective July 1, 2010. This report will incorporate the Erosion Control Plan and details for the construction site. Preparation of a SWPPP requires risk calculations that will further define the SWPPP requirements_ This task assumes that the site will be classified as a Risk Level 1, based on visual observations of the existing soils, topography and discharge from an aerial photograph. The SWPPP will be prepared by a Qualified SWPPP Developer (QSD) as required by the Permit and contain the required inspection forms and instructions for their use by the Qualified SWPPP Practitioner (QSP). Three (3) copies of the SWPPP will be submitted to the City at the 90% submittal. KIIA will prepare and file a Notice of Intent (NO!) on behalf of the City. The City will pay the NOI filing fee and will file the Notice of Termination (NOT) at the completion of construction. Task 29.7 - Deliverables: SWPPP at 90%, and 100%; Notice of Intent Task 29.8 — Stormwater Applicability Checklist/WQTR A Water Quality Technical Report (WQTR) will be prepared to support the final water quality design elements of the project. This task will consist of the following design items: • Determine applicable Standard Urban Stormwater Management Plan requirements as described in the current City of National City SUSMP. • Identify pollutants of concern by land use type and identify impairments to the receiving water bodies. • Hydrologic calculations to quantify the first flush flow rate and peak design flow rate in accordance with City of National City standards. • The hydraulic capacity of each proposed treatment device will be calculated. These calculations will be used to quantify how much flow the proposed Low Impact Development (LID) features can treat within the project limits. • Design (LID) features: It is assumed that the LID features will be implemented to the Maximum Extent Practicable within the project. The hydraulic analysis will be used to define the project specific elements pertaining to the LID features to be implemented within the project. The calculations will be used to size curb openings, curb outlets, determine pipe sizes, determine areas for storm drain extension and bypass spread width. The overall intent of the design calculations is to support the LID features proposed within the project. It is assumed that two (2) review cycles will be needed to process the document through the City of National City. It is assumed that no off -site improvements or existing pipe upsizing will be required as part of the project. It is assumed that 33 Ems rig Kimley-Horn and Associates, Inc Ms. Babaki, July 20, 2011, Page 24 the hydrologic analysis will be limited to the area and blocks immediately adjacent to the proposed project. Task 29.8 - Deliverables: Stonnwater Applicability Checklist, WQTR at 90%, and 100%. Task 29.9 — Project Meetings and Utility Coordination We will attend meetings as identified herein. Meetings included in this scope of services are (all meetings include presentation materials and meeting notes): • KHA will schedule and attend project team meetings to be held monthly (up to 6) • Field Review meetings (2) • Utility Coordination: • KHA and PCG will coordinate with the affected utility companies to determine if relocation, removal, and/or adjustments to any existing facilities are required. KHA wilt send 90%, and 100% plans to Sweetwater Authority, SDG&E, AT&T, and Cox. Comments received from these utility companies will be incorporated into the plans and specifications if appropriate. KHA will attend up to two (2) utility coordination meetings and will coordinate relocation work to be completed prior to the start of our construction or incorporated into out construction phasing. Task 29.9 - Deliverables: A typed meeting agenda and summary for each meeting will be provided (electronically, in PDF format). WI-TOD (Public Works Relocation) Task 30 — Public Works Relocation The existing Public Works facilities must be relocated to allow for the proposed WI-TOD development. The Senior Center expansion project and the Kimball Way conversion combine to offer an opportunity for the new Public Works facilities. The grade changes along Kimball Way between the Walmart access point and F Avenue present a unique opportunity to allow for a building that could have some rooftop plaza/park features at grade with F Avenue. This building could be located in the cast -west oriented parking lot between the two towers and the existing eastern parking lot could be used for Public Works vehicle storage. The building could serve the dual purpose of Senior Center and Public Works activities. Incorporation of park features into the converted Kimball Way and pedestrian access from the new Senior Center through the park to Walmart are important elements of these proposed improvements. Task 30.1 — Data Collection and Project Set-up KEA will collect record information for the proposed work areas to the extent readily available. KIIA will perform one site visit during this task. The team will collect and review relevant planning documents, traffic studies, General Plan Update EIR, and redevelopment plans. 34 C� Kimley-Horn E and Associates, Inc. Ms. Babaki, July 20, 2011, Page 25 Task 30.2 — Obtain Utility Service Information KHA will obtain readily available existing utility information. This will include sending out utility notification letters to each known utility service provider within the project area and upon receipt, information will be added to the basemap. In addition, our team will perform a site visit to observe the information obtained from local utility company records and to identify existing above ground facility locations, and systems types where available. Task 30.3 — Conceptual Design Development Task 30.3a — Site Analysis /Summary of Opportunities and Liabilities: The KHA team will visit the project site to continue the discussion on the relevant issues associated with this project that have been discussed in previous meetings with the City. The team will inventory and analyze (he project area to gather information on the visible features attic site_ An informal site analysis will be conducted for the project, as well as an informal opportunity and constraints plan. Task 30.3b — Concept Plan: The team will develop an initial concept plan for Public Works/Kimball Way/Senior Center. The concept plan will seek to incorporate the new Public Works facilities into the Senior Center expansion and Kimball Way plans. We will prepare both a plan view and an exhibit showing sections, elevations, or photos depicting proposed improvements to the site, including public amenities. This initial concept plan will be presented to the City, along with a narrative describing the proposed improvements. This scope assumes up to two (2) revisions to the concept plan based upon review comments by the City. Task 30.3c - Preliminary Grading Plan: This plan will show on -site preliminary grading and drainage for the site and will be incorporated into the first revision of the concept plan. One (1) estimate of cut and fill quantities will be made based upon these preliminary grading plans. This scope assumes one (1) revision to the preliminary grading plan. Task 30.3d - Preliminary Utility Plan: This plan will indicate proposed sanitary sewer, domestic water, fire water, and storm drain connections needed to service the proposed improvements and will be presented to the City with the first revision to the concept plan. This assumes a horizontal schematic plan only, and will not include any studies or sizing of pipes. This scope assumes one (1) revision to the preliminary utility plan. Task 30.3e — Conceptual Architecture: Summa Architecture will work with KI-IA through the programming opportunities of the site. Summa shall provide a massing, adjacency and area analysis for the proposed uses on site. After final program is approved, Summa will computer model the Kimball Park designed by KHA, the new Public Works buildings 35 E. ®„ Kimley-Horn ® and Associates, Inc. Ms. Babaki, July 20, 2011, Page 26 and any proposed revisions to the current Senior Center site. This scope assumes one (1) revision to the preliminary architecture. Task 30.4 — Opinion of Probable Construction Cost The team will prepare an OPCC for the concept plan that will identify the design items, unit prices, contingencies, final design costs (including environmental), and an overall cost. Task 30 - Deliverables: • Site Analysis Summary with Opportunities and Constraints identified • Concept Plan — Plan view and exhibit, color, 24" x 36" • Text descriptions of the Concept Plan along with permitting steps as well as follow on CEQA requirements • Preliminary Grading Plan • Preliminary Utility Plan • Opinion of probable construction cost — electronic copy (PDF) • Copies of utility notification letters and any responses received (available upon request). • Site photos (available upon request). • 3D model computer model presented live and/or in video format. • Rendered perspective views of conceptual massing and architecture. • Concept Architectural Floor Plan Diagrams for New Building(s) - 1 color copy, 24" x 36" Task 31 — Project Coordination, Meetings, and Management Task 31.1— Project Coordination and Administration We will provide ongoing coordination with subconsultants, the City, Utility Agencies, Caltrans, MTS, local business owners, and the community throughout the duration of the project. In addition, a project schedule will be updated monthly throughout the project_ Task 31.2 — Project Meetings We will attend meetings as identified herein. Meetings included in this scope of services are (all meetings include presentation materials and meeting notes): • Internal design team charette (2) - up to 4 hours each • Project Design Team Meetings (2) — up to 2 hours each • Project Meetings with City staff (20) — up to 2 hours each • Site visits with City Staff following submittal of initial concepts and first round of concept plan revisions (2) — up to 3 hours each Task 31 - Deliverables: A typed meeting agenda and summary for each meeting will be provided (electronically, in PDF format). 36 ®® Kimley-Horn Ill. and Associates, Inc. Scope of Services (Phase 2) Ms. Babaki, July 20, 2011, Page 27 Task 32 - Final Design This Scope of Services represents the first phase of a multi -phased project. Future, subsequent phases include environmental studies/documentation, traffic analysis, design engineering, and construction phased services. Upon the City's request, KI{A will prepare a separate proposal to cover the additional applicable services required. Additional Services The following services are not included in the scope of services, but can be provided as additional services if authorized by you. If authorized, Kimley-Horn will submit a proposal for additional services based on a not -to -exceed fee using the same billing rates per the original agreement. • Traffic Studies • Environmental Services • Final Design Information Provided By Client We shall be entitled to rely on the completeness and accuracy of all information provided by the Client. The Client shall provide all information requested by KHA during the project, this shall include: • Record drawings • Traffic counts for the corridors • Accident data • Senior Village Expansion Plans • Latest WY TOD Development Plans • General Plan Update, Public Meeting Summaries, and all Graphics • BTA Grant Application • Bond Project Tier List Schedule We will provide our services as expeditiously as practicable to meet a mutually agreed upon schedule. Additional Services The following services are not included in the scope of services, but can be provided as additional services if authorized by you. If authorized, Kimley-Horn will submit a proposal for additional services based on a not -to -exceed fee using the same billing rates per the original agreement. • Traffic Studies • Environmental Services • Transit shelter design detailing/specifications 37 Mir and Kimley-Horn ® and Associates, Inc. Ms. Babaki, July 20, 2011, Page 28 Information Provided By Client We shall be entitled to rely on the completeness and accuracy of all information provided by the Client. The Client shall provide all information requested by KHA during the project, this shall include: • SRTS Application • As -built information • Senior Village Expansion Plans • Light fixture specifications for street lights • Kimball Park irrigation as-builts Schedule We will provide our services as expeditiously as practicable to meet a mutually agreed upon schedule_ Fee and Billing Consultant will perform the Scope of Services for a lump sum fee as outlined in the attached summary sheets. All permitting, application, and similar project fees will be paid directly by the City as needed. Very truly yours, KIMLEY-HORN AND ASSOCIATES, INC_ Scott W Colvin, PE Project Manager RCE #69464 pamarketing\1 I-xxxs\national city cip\scope\national city - cip scope and fee-201 I.7.20.doc 38 EXHIBIT "A" PP-111111 '1 Kimley-Horn and Associates, Inc. Fee Schedule City of National City WI -TOO (Public Works Relocation) July 22, 2011 Kimley-Horn and Associates LABOR HOURS COST Task 1 -Project Kick-off Meeting 1 $165.00 Task 2 - Survey (Aerial) /Rightof-Way 16 $2,087.00 Task 30 - Public Works Relocation 193 $26,115.00 Task 31 - Project Coordination, Meetings, and Management 44 $6,664.00 Subtotal 254 $35,031.00 Expenses Subtotal $1,500.00 Subconsultants Task 1 - Project Kick-off Meeting 1 $171.00 Task 2 - Survey (Aerial) (Right -of -Way 6 $4.097.00 Task 30 - Public Works Relocation 6 $19,939.50 Task 31 - Project Coordination, Meetings, and Management 7 $1,163.00 Subtotal 20 $25,370.50 TOTAL $61,901.50 39 ❑®,1 Kimley-Horn and Associates, Inc. Fee Schedule City of National City Coolidge Avenue (12th Street to Plaza Boulevard) - Design Phase I July 22, 2011 Project No. 6173 Kimley-Hom and Associates LABOR HOURS COST Task 9 - Extend Coolidge Avenue 341 $49,375-0D Task 10 -Coolidge Avenue Additional Project Improvements 170 $25,130.00 Subtotal 511 $74,505.00 Expenses Subtotal $3,500.00 Subconsultants Task 9 - Extend Coolidge Avenue Task 10 -Coolidge Avenue Additional Project Improvements 86 $13,713.00 0 $0.00 Subtotal 86 $13,713.00 TOTAL $91,718.00 40 prim pi Kimley-Ham ® and Associates, Inc. Fee Schedule rro City of National City Coolidge Avenue (12th Street to Plaza Boulevard) - Design Phase 11 July 22, 2011 Project No. 6173 Kimley-Horn and Associates LABOR HOURS COST Task 1 - Project Kick-off Meeting 2 $330-00 Task 2 - Survey (Aerial) /Right -of -Way 16 $2,087.00 Task 11 - Old Town/Hoover Avenue Park/Paradise Creek Walk 251 $34,135 00 Task 31 - Project Coordination, Meetings, and Management 88 $13,329.00 Subtotal 357 $49,881.00 Expenses Subtotal $2,500.00 Subconsultants Task 1 - Project Kickoff Meeting 0 $0.00 Task 2 - Survey (Aerial) /Rightof-Way 6 $4,097 00 Task 11 - Old Town/Hoover Avenue Park/Paradise Creek Walk 251 $34,135.00 Task 31 - Project Coordination, Meetings, and Management 11 $1,828.00 Subtotal 268 $40,060.00 TOTAL $92,441.00 41 11011, Kimley-Horn NW 1 and Associates, Inc. Fee Schedule City of National City D Avenue (8fh to 18th Street)/Roundabout - Design Phase 1 July 22, 2011 Project No. 6175 Kimley-Horn and Associates LABOR HOURS COST Task 12 - Project Kick-off Meeting 2 $330.00 Task 13 - Data Collection and Review 0 $0.00 Task 14 - Conceptual Design 30 $4,150.00 Task 15 - Video Simulation 33 $3,280.00 Task 16 - Initial Public Outreach 14 $2,210.00 Task 17 - City Council Presentation 8 $1,320.00 Task 18 - Geotechnical Analysis 0 $0.00 Task 19 - 90% Plans, Specifications, and Estimate (PS&E) 268 $36,200.00 Task 20 -100 % PS&E (pre -final submittal) 85 $12,105.00 Task 21 - FINAL PS&E (mylar submittal) 63 $9,155.00 Task 22 - Drainage Study - Technical Memorandum 32 $4,270.00 Task 23 - Notice of IntenUSWPPP 0 $0.00 Task 24 - Stormwater Application Checklist 0 $0.00 Task 25 - Utility Coordination 0 $0.00 Task 26 - Project Coordination and Administration 28 $3,600.00 Task 27 - Bid and Construction Support 58 $7,490.00 Task 28 - Potholing 2 $330.00 Subtotal 623 $84,440.00 Expenses Subtotal $2,500.00 Subconsultants Task 12 - Project Kick-off Meeting $ - $0.00 Task 13 - Data Collection and Review 57 $7,263.90 Task 14 - Conceptual Design 16 $2,772.00 Task 15 - Video Simulation 0 $0.00 Task 16 -Initial Public Outreach 6 $1,039.50 Task 17 - City Council Presentation 6 $1,039.50 Task 18-Geotechnical Analysis 0 $0.00 Task 19 -90% Plans, Specifications, and Estimate (PS&E) 6 $1,039.50 Task 20 - 100% PS&E (pre -final submittal) 4 $693.00 Task 21 - FINAL PS&E (mylar submittal) 2 $346.50 Task 22 -Drainage Study -Technical Memorandum 0 $0.00 Task 23 - Notice of IntenUSWPPP 0 $0.00 Task 24 - Stormwater Application Checklist 0 $0 00 Task 25 -Utility Coordination 0 $0.00 Task 26 -Project Coordination and Administration 12 $1,272.60 Task 27 - Bid and Construction Support 0 $0.00 Task 28 - Potholing 0 $3,465.00 Subtotal 109 $18,931.50 TOTAL $105,871.50 42 /asF1 Kimley-Horn ®0 and Associates, Inc. Fee Schedule City of National City D Avenue (8th to 18th Street)/Roundabout - Design Phase 11 July 22, 2011 Project No. 6175 Kimley-Horn and Associates LABOR HOURS COST Task 1 - Project Kickoff Meeting 2 $330.00 Task 2 -Survey (Aerial)/Rightof-Way 16 $2,087.00 Task 29 - D Avenue Community Corridor 361 $52,165.00 Task 31 -Project Coordination, Meetings, and Management 88 $13,329.00 Subtotal 467 $67,911.00 Expenses Subtotal $3,200.00 Subconsultants Task 1 - Project Kickoff Meeting 1 $171.00 Task 2 - Survey (Aerial) /Rightof-Way 6 $4,097.00 Task 29 - D Avenue Community Corridor 84 $18,942.00 Task 31 - Project Coordination, Meetings, and Management 15 $2,492.00 Subtotal 106 $25,702.00 TOTAL $96,813.00 43 pp- pop � Kmley-Horn ® and Associates, Inc. Kimley-Horn and Associates NATiCk Fee Schedule City of National City Kimball Park - Design Phase July 22, 2011 Project No. 4132 LABOR HOURS COST Task 1 - Project Kick-off Meeting 2 $330.00 Task 2 - Survey (Aerial) !Right -of -Way 16 $2,087.00 Task 3 - Kimball Park 143 $19,355.00 Task 4 - Kimball Park Architectual Concepts 16 $2,640.00 Task 31 - Project Coordination, Meetings, and Management 88 $13,329.00 Subtotal 265 $37,741.00 Expenses Subtotal $1,500.00 Subconsultants Task 1 - Project Kickoff Meeting 1 $171.00 Task 2 - Survey (Aerial) /Rightof-Way 6 $4,097.00 Task 3 - Kimball Park 236 $29,820.00 Task 4 - Kimball Park Architectual Concepts 262 $35,660.10 Task 31 - Project Coordination, Meetings, and Management 15 $2,492.00 Subtotal 520 $72,240.10 TOTAL $111,481.10 44 1 Kimley-Horn lb.® 1 and Associates, Inc. Kimley-Horn and Associates i NpaitO ire Fee Schedule City of National City Kimball Park (Paradise Creek) - Design Phase 11 Jury 22, 2011 Project No. 4132 LABOR HOURS COST Task 1 - Project Kick-off Meeting 2 $330.00 Task 2 - Survey (Aerial) /Rightof-Way 0 $0.00 Task 5 - Paradise Creek Restoration Plan 168 $22,580.00 Task 31 - Project Coordination, Meetings, and Management 7 $1,060.00 Subtotal 177 $23,970.00 Expenses Subtotal $5,000.00 Subconsultants Task 1 - Project Kick-off Meeting 2 $342.00 Task 2 - Survey (Aerial) /Rightof-Way 0 $0.00 Task 5 - Paradise Creek Restoration Plan 118 $15,540.00 Task 31 - Project Coordination, Meetings, and Management 4 $665.00 Subtotal 124 $16,547.00 TOTAL $45,517.00 45 ®- n Kimley-Horn 1 and Associates, Inc. Fee Schedule City of National City Las Palmas Park - Design Phase I July 22, 2011 Project No. 4133 Kimley-Horn and Associates LABOR HOURS COST Task 1 - Project Kick-off Meeting 2 $330.00 Task 2 - Survey (Aerial) /Right -of -Way 16 $2,087.00 Task 6 - Las Palmas Park 299 $40,675.00 Task 7 - Las Palmas Park Architectual Concepts 22 $3,630.00 Task 31 - Project Coordination, Meetings, and Management 88 $13,329.00 Subtotal 427 $60,051.00 Expenses Subtotal $2,500.00 Subconsultants Task 1 - Project Kickoff Meeting 1 $171.00 Task 2 - Survey (Aerial) /Rightof-Way 6 $4 097.00 Task 6 - Las Palmas Park 44 $4,998.00 Task 7 - Las Palmas Park Architectual Concepts 282 $44,969.40 Task 31 - Project Coordination, Meetings, and Management 15 $2,492.00 Subtotal 348 $56,727.40 TOTAL $119,278.40 46 ®vn Kimtey-Horn I , and Associates, Inc. Kimley-Horn and Associates ran .tar` � Iry Fee Schedule City of National City Las Palmas Park (Skate Park) - Design Phase // July 22, 2011 Project No. 4133 LABOR HOURS COST Task 1 - Project Kickoff Meeting 1 $165.00 Task 2 - Survey (Aerial) /Right -of -Way 0 $0.00 Task 8 - Skate Park 38 $5,530.00 Task 31 - Project Coordination, Meetings, and Management 35 $5,301.00 Subtotal 74 $10,996.00 Expenses Subtotal $800 00 Subconsultants Task 1 - Project Kick-off Meeting 1 $171.00 Task 2 - Survey (Aerial) Might -of -Way 0 $0.00 Task 8 - Skate Park 271 $33,852.00 Task 31 - Project Coordination, Meetings, and Management 7 $1,163.00 Subtotal 279 $35,186.00 TOTAL $46,982.00 47 f►` CC)R2® RATE (MM/DD/YYYy) 11/21/2010 TIIIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. CERTIFICATE OF LIABILITY INSURANCE IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on -this certificate does not confer rights to the certificate holder in lieu of such endorsemenl(s). PRODUCER Ames and Gough 450 Northridge Parkway Suite 102 Atlanta INSURED GA 30350 Kimley-Horn and Associates, Inc. P.O. Box 33068 Raleigh COVERAGES NC 27636 CONT NAME Jerry Noyola PHONE (770)552-4225 __.._ FAX tP-LC..No. fat)_____..________..___. ....___.{A/C, No): -MAIL S- Y gough.com n0 o1a®awes----------__.. ADDRES PRODUCER cusi_oMEM fl.° 00013 98 INSURER(S) AFFORDING COVERAGE NAIL INsunERA Travelers Indemnity Co. of CT _. -25682 INSURER B:Travelern Indemnity Company 125658 INsuRERc:Travelers Property Casualty Co. 25674 INsuRER D:Phoenix Insurance Company 5623 INSURER E:Lexin_gton Insurance Company 119437 INsuRERF:Travelers Prop. Cas. Co America 125674 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE INDICATED- NOTWITHSTANDING ANY REQUIREMENT, CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. INSRi - - _ ______.1A ODL SUER'.. LTR i_ TYPE OF INSURANCE INSR� WW2_POLICY '- "'-' --- ------ nu vaalVly ninviamr1: LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS _. _..._.___ _____. .' NUMBER I POLICY EEF : pMIDONY P (MM/DD/YYYY) . (MMIDD/YYYY) ! LIMITS A GENERAL LIABILITY I X COMMERCIAL. GENERAL LIABILITY i I --- I J CIAIMS-MAUL X; OCCUR '--------- I GE N'L AGGREGATE LIMIT APPLIES PER: I POLICY , X PRO i X l LOC I ' i � I 112/1/2010 I12/1/2011 P-630-8193D99A-TCT-10 I Ii I EACH OCCURRENCE DAMAGE -TO RENTED PREMISES(Ea occwrence) MED EXP(Any one Person) ; PERSONAL & AOV INJURY I GENERAL AGGREGATE I PRODUCTS TAMP/OP AGG S 1,000,000 ----- S ,. 1,000,000 - I S 10, 000 i S 1,000,000 4 S 2000, 000 S 1 000, 000 i S B AUTOMOBILE LIABILITY ..•- 7 X I ANY AUTO _. ALL OWNED AUTOS SCHEDULED AUTOS (X HIRED AUTOS X i NON -OWNED AUTOS 1 I - I I I i I ' ' I i P-810-5724B497-IND-30 12/1/2010 j I I • 2/1/2011 I 1 I COMBINED SINGLE LIMIT I S 1, 000, 000 (Ea accident) I BODILY INJURY (Per person) S _. .... I BODILY INJURY (Per accident).S _.. PROPERTY DAMAGE I S (Per accident) Underinsured melons! BI split I S Uninsured motorist property I S X C I X !UMBRELLA LIA8 I X I OCCUR EXCESS LIAR p ;CLAIMS-MAOEI --- '-"" -„ '--'--- I DEDUCTIBLE RETENTION S 10,000t I i I PSM-CUP-8193D99A-TIL-10 112/1/2010 I EACH OCCURRENCE 15 5,000,000 I AGGREGATE ODO IS 5,000,000 If I12/1/2011 1 - IS - _-- S D F WORKERS COMPENSATION I AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N OFFICER/MEMBER EXCLUDED? IN (Mandatory in NH) 9yes,desc beunder DESCRIPTION OF OPERATIONS below N/A j I@NUB-8193099A-10 12/1/20101 PNUB-8193899A-10 (CA) ' 2/1/2010 I12/1/2011 VJCSTATU I i OTH I i X 1 TOBY.UMITSI ._i .EIj (EL EACH ACCIDENT 12/1/2011 IEL DISEASE EA EMPLOYEES I j E L. DISEASE -POLICY LIMIT _. S - 500, 000 500,000 S 500 000 E Professional:Liability I 016017332 112/9/2010 112/1/2011 ! i 1 i ` PerCla:n $2,000,000 Aggregate $2, 000, 000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACOR0101, Additional Remarks Schedule, II more space is required) Re: All City of National City Projects The City of National City, its elected officials, officers, agents & employees are named as Additional Insureds on the above referenced liability policies with the exception of workers compensation & professional liability. Waiver of Subrogation is applicable where required by written contract & allowed by law. rcnTlclr Arr !An.. .-,r--,-. CANCELLATION City of National City c/o City Attorney's Office 1243 National City Blvd. National City, CA 91950-4301 ACORD 25 (2009/09) 1115025 poems) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS_ AUTHORIZED REPRESENTATIVE Matias Ormaza/NOYOLA ©1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 18 ' Policy Number: P-630-8193B99A-TCT-10 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - WRITTEN CONTRACTS (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION It — WHO IS AN INSURED: Any person or organization that you agree in a "written contract requiring insurance to include as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily Injury". "property damage" or "personal injury'; and b. If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor. in the performance of "your work" to which the "written contract requiring insurance" applies. The person or organization does not qualify as an additional insured with respect to the Independent acts or omissions of such person or organization. The insurance provided to such additional insured is limited as follows: c. in the event that the Limits of insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the in- surance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance". This endorsement shall not increase the limits of insurance described in Section Ili — Limits Of Insurance. d. This Insurance does not apply to the render- ing of or failure to render any "professional services" or construction management errors or omissions. e. This insurance does riot apply to "bodily In- jury" or 'property damage" caused by "your work" and included in the "products - completed operations hazard" unless the "written contract requiring insurance" specifi- cally requires you to provide such coverage for that additional insured, and then the insur- ance provided to the additional insured ap- CG D4 14 04 08 005135 plies only to such "bodily injury" or "property damage" that occurs before the end of the pe- riod of time for which the "written contract re- quiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 2. The following is added to Paragraph 4.a. of SEC- TION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: The Insurance provided to the additional insured is excess over any valid and collectible "other in- surance", whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured for a loss we cover. However, if you specifically agree in the "written contract requiring insurance' that this insurance provided to the ad- ditional insured under this Coverage Part must apply on a primary basis or a primary and non- contributory basis, this insurance is primary to "other insurance" available to the additional in- sured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance". But this insur- ance provided to the additional insured still is ex- cess over any valid and collectible "other insur- ance", whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured under any "other insurance". 3. The following is added to SECTION IV — COM- MERCIAL GENERAL LIABILITY CONDITIONS: Duties Of An Additional Insured As a condition of coverage provided to the addi- tional Insured: a: The additional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, such notice should include: © 2008 The Travelers Companies, Inc. Page 1 of 2 49 COMMERCIAL GENERAL LIABILITY i. How, when and where the "occurrence" or offense took place; ii. The names and addresses of any Injured persons and witnesses; and iii. The nature and location of any injury or damage arising out of the "occurrence" or offense. h. If a claim is rnade or "suit" is brought against the additional insured, the additional insured must: i. Immediately record the specifics of the claim or "suit" and the date received; and ii. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. The additional insured must immediately send us copies of all legal papers received in con- nection with the claim or"suit", cooperate with us in the investigation or settlement of the claim or defense against the °suit", end oth- erwise comply with alf policy conditions. d. The additional insured must tender the de- fense and indemnity of any claim or "suit" to Page 2 of 2 any provider of other insurance which would cover the additional insured for a loss we cover. However, this condition does not affect whether this insurance provided to the addi- tional insured Is primary to that other insur- ance available to the additional insured which covers that person or organization as a named insured. 4. The following is added to the DEFINITIONS Sec- tion: "Written contract requiring insurance means that part of any written contract or agreement under which you are required to include a person or or- ganization as an additional insured on this Cover- age Part, provided that the "bodily injury" and "property damage" occurs and the "personal in- jury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. 02008 The Travelers Companies, Inc. CG 04 14 04 08 50 Policy Number: P-810-572413497-IND-10 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE - This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS -INCREASED LIMITS F. HIRED AUTO - LIMITED WORLDWIDE COVERAGE - INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE - GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II - LIABILITY COV- ERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. B. BLANKET ADDITIONAL INSURED The following is added to Paragraph c. in A.1., Who Is An Insured, of SECTION 11 - LIABILITY COVERAGE' Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and CA T3 53 06 09 H. HIRED AUTO PHYSICAL DAMAGE - LOSS OF USE -INCREASED LIMIT I. PHYSICAL DAMAGE - TRANSPORTATION EXPENSES - INCREASED LIMIT J. PERSONAL EFFECTS K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Liability Cover- age, but only for damages to which this insurance applies and only to the extent that person or or- ganization qualifies as an "insured" under the Who Is An Insured provision contained in Section 11. C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION 1I - LI- ABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. 02009 The Travelers Companies, Inc. Page 1 of 4 Includesthe copyrighted material of Insurance Services Office, Inc. with its permission. 51 COMMERCIAL AUTO 2. The following replaces Paragraph b. in B.5., Other Insurance, of SECTION IV — BUSI- NESS AUTO CONDITIONS: b. For Hired Auto Physical Damage Cover- age, the following are deemed to be cov- ered "autos" you own: (1) Any covered "auto" you lease, hire, rent or borrow: and (2) Any covered "auto" hired or rented by your "employee" under a contract in that individual "employee's" name, with your permission. while perform- ing duties related to the conduct of your business. However, any "auto" that is leased, hired. rented or borrowed with a driver is not a covered "auto". D. EMPLOYEES AS INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LIABILITY COV- ERAGE. Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. E. SUPPLEMENTARY PAYMENTS —INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2), of SECTION II — LIABILITY COVERAGE: (2) Up to $3,000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We do not have to furnish these bonds. 2. The following replaces Paragraph A.2.a.(4), of SECTION II — LIABILITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of eamings up to $500 a day be- cause of tune off from work. F. HIRED AUTO — LIMITED WORLDWIDE COV- ERAGE — INDEMNITY BASIS The following replaces Subparagraph e. in Para- graph B.7., Policy Term, Coverage Territory, of SECTION IV — BUSINESS AUTO CONDITIONS: e. Anywhere in the world, except any country or jurisdiction while any trade sanction, em- bargo, or similar regulation imposed by the Page 2 of 4 United States of America applies to and pro- hibits the transaction of business with or within such country or jurisdiction, for Liability Coverage for any covered "auto" that you lease, hire, rent or borrow without a driver for a period of 30 days or less and that is not an "auto" you lease, hire, rent or borrow from any of your "employees", partners Of you are a partnership), members (if you are a limited liability company) or members of their house- holds. (1) With respect to any claim made or "suit" brought outside the United States of America, the territories and possessions of the United States of America, Puerto Rico and Canada: (a) You must arrange to defend the "insured" against, and investigate or settle any such claim or "suit" and keep us advised of all pro- ceedings and actions. (h) Neither you nor any other in- volved "insured" will make any settlement without our consent. (c) We may, at our discretion, par- ticipate in defending the "insured" against, or in the settlement of, any claim or "suit". (d) We will reimburse the "insured": (1) For sums that the "insured" legally must pay as damages because of "bodily injury" or "property damage" to which this insurance applies, that the "insured" pays with our consent, but only up to the limit described in Paragraph C., Limit Of Insurance, of SECTION 1I — LIABILITY COVERAGE; (ii) For the reasonable expenses incurred with our consent for your investigation of such claims and your defense of the "insured" against any such "suit", but only up to and included within the limit de- scribed in Paragraph C., Limit Of Insurance, of SECTION 11 — LIABILITY COVERAGE, 0 2009 The Travelers Companies, Inc_ CA T3 53 OG 09 Includes the copyrighted material of Insurance Services Office. Inc. with its permission. 52 and not in addition to such limit. Our duty to make such payments ends when we have used up the applicable limit of insurance in payments for damages, settlements or defense expenses. (2) This insurance is excess over any valid and collectible other insurance available to the "insured" whether primary, excess contingent or on any other basis. This insurance is not a substitute for re- quired or compulsory insurance in any country outside the United States, its ter- ritories and possessions, Puerto Rico and Canada. (3) You agree to maintain all required or compulsory insurance in any such coun- try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (4) It is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE — GLASS The following is added to Paragraph D., Deducti- ble, of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT The following replaces the last sentence of Para- graph A.4.b., Loss Of Use Expenses, of SEC- TION III — PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day. to a maximum of $750 for any one "accident". CA T3 53 06 09 COMMERCIAL AUTO I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SEC- TION III — PHYSICAL DAMAGE COVERAGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. J. PERSONAL EFFECTS The following is added to Paragraph A.4., Cover- age Extensions, of SECTION Ill — PHYSICAL DAMAGE COVERAGE: Personal Effects We will pay up to $400 for "loss" 10 wearing ap- parel and other personal effects which are: (1) Owned by an "insured"; and (2) In or on your covered "auto". This coverage applies only in the event of a total theft of your covered "auto". No deductibles apply to this Personal Effects coverage. K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION IH — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss'. L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV — BUSINESS AUTO CONDITIONS: Your duly to give us or our authorized representa- tive prompt notice of the "accident" or "loss" ap- plies only when the "accident" or "loss" is known to: (a) You (if you are an individual); 2009 The Travelers Companies, Inc. Page 3 of 4 Includes the copyrighted material of Insurance Services Office, Inc. with its permission. 53 COMMERCIAL AUTO (b) A partner (if you are a partnership); (c) A member (if you are a limited liability com- pany); (d) An executive officer, director or insurance manager (if you are a corporation or other or- ganization); or (e) Any "employee" authorized by you to give no- tice of the "accident" or "loss". M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.S., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV -- BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right of recovery we may have against any person or organization to the ex - Page 4 of 4L tent required of you by a written contract signed and executed prior to any "accident' or "loss", provided that the "accident" or "loss' arises out of operations contemplated by such contract. The waiver applies only to the person or organization designated in such contract. N. UNINTENTIONAL ERRORS OR OMISSIONS The following is added to Paragraph B.2., Con- cealment, Misrepresentation, Or Fraud, of SECTION IV — BUSINESS AUTO CONDITIONS: The unintentional omission of, or unintentional error in, any information given by you shall not prejudice your rights under this insurance. How- ever this provision does not affect our right to col- lect additional premium or exercise our right of cancellation or non -renewal © 2009 The Travelers Companies, Inc. CA T3 53 06 09 Includes the copyrighted material of Insurance Services Ofce, Inc_ with its permission. 54 TRAVELERS) WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 (00) — 001 POLICY NUMBER: PNUB - 819 3 B 9 9A-1 0 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 0 . % of the California workers' compensation pre- mium otherwise due on such remuneration. Schedule Person or Organization Job Description ANY PERSON OR ORGANIZATION FOR WHICH THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. DATE OF ISSUE: 10-04 -10 ST ASSIGN: 55 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 2, 2011 AGENDA ITEM NO. 7 M TITLE: Resolution of the City Council of the City of National City scheduling a public hearing to consider amendment of the National City Fee Schedule in regard to the Serious Traffic Offender Program Fee, the Vehicle Repossession Fee, and On-LigePolice Report Fee PREPARED BY: Jodi L. Doucette, Es PHONE: EXPLANATION: Ext. 4412 DEPARTMENT: Ci Attorney APPROVED BY: An amendment to the City's current fee schedule is necessary to address vehicle related ees, as explained in the attached staff report. Section 54954.6 of the Califomia Government Code requires a public hearing and 45 days notice prior to the enactment of any new or increased fee or charge. A hearing is requested for any and all persons interested in the proposed fee adjustments to be set for 6 p.m. on September 20, 2011, in the City Council Chambers located at the Civic Center, 1243 National City Boulevard, National City, California. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: ff report .., aolution DATE: TO: FROM: SUBJECT: NATIONAL CITY POLICE DEPARTMENT MEMORANDUM July 12, 2011 Adolfo Gonzales, Chief of Police Dan Fabinski, Sergeant Negligent Vehicle Impound and Release (NVIR) Fee, Serious Traffic Offender Program (STOP) Fee, Vehicle Repossession Fee, and On -Line Police Reports. Negligent Vehicle Impound Fee As of January 1, 1994, the California Vehicle Code authorized the imposition by cities of vehicle impound fees, which would include a Negligent Vehicle Impound and Release ("NVIR") fee to recover the administrative costs incurred in the handling of impounded vehicles. Based on this information, a Police Department staff study had been completed to determine an appropriate NVIR fee. The staff study determined that the majority of vehicles towed and impounded were towed due to owner negligence, including driver's license violations. The staff study recognized that the impound and release of vehicles required a significant amount of time and document processing by numerous different Police Department personnel. A NVIR fee of $55 per negligent vehicle towed was deemed appropriate. The $55 NVIR fee was added to the Fiscal Year 96-97 National City User Fee Schedule. This fee schedule was passed and adopted by the National City - City Council on July 23, 1996, as Resolution Number 96-118 and on August 6, 1996 as Resolution Number 96-131. The City of National City has been collecting the $55 NVIR fee, through the contracted towing company, since passage of the 1996 Resolution. The NVIR fees apply to all vehicles that are towed for the following violations: 22500 Et seq. CVC 22500.1 CVC 22651(a) CVC 22651(b) CVC 22651(d) CVC 22651(e) CVC 22651(h) CVC Prohibited Stopping, Standing, or Parking Prohibited Stopping, Standing, or Parking: Fire Lane Unattended on a Bridge Hazard to Flow of Traffic Blocking a Driveway Blocking Fire Hydrant Access Operator Taken Into Custody 22651(i) CVC 22651(j) CVC 22651(k) CVC 22651(1) CVC 22651(m) CVC 22651(n) CVC 22651(o)(1) CVC 22651(p) CVC 22651(r) CVC 22652 CVC 22653(c) CVC 22655(a) CVC 22656 CVC 22669 Et seq.CVC 11.32.060 NCMC 11.32.070 NCMC 11.32.160 NCMC 11.32.250(e) NCMC Unpaid Parking Citations Illegally Parked and No Evidence of Registration Displayed Parking Over 72 Consecutive Hours Temporary Tow Away Signs For Street Repair Highway Authorization For Other Use, 24 Hour Notice No Parking Tow Away Signs Posted Expired Registration In Excess of Six Months Unlicensed Or Suspended/Revoked Driver's License Illegally Parked, Blocking Legally Parked Vehicle Illegally Parked In Designated Handicapped Parking Space Removal From Private Property, At The Request Of Property Owner, When Operator Is Taken Into Custody Hit and Run Suspect Vehicle Illegally Parked Or Abandoned Within 7 %2 Feet Of Nearest Railroad Rail Removal Of Abandoned Vehicles As Determined Pursuant to 22523 CVC Illegally Parked — 72 Hour Violation — Vehicle Removal Illegally Parked — Restricted Hours — Vehicle Removal Illegally Parked — Emergency Parking — Vehicle Removal Illegally Parked — Taxi Stand — Vehicle Removal The $55 NVIR fee has now been in effect for almost 15 years and has never been increased. With inflation, the costs to the City for the impound and release of negligent vehicles has significantly increased since the fee was initiated. It is proper to increase the current NVIR fee to offset the current costs and effects of inflation. The current fee schedule in effect provides that the sum of $124 is reasonable, based upon cost to the City. Therefore, it is recommended that the fee the City charges for this be changed to $124, consistent with the fee schedule study findings. Serious Traffic Offender Program Fee On January 20, 1998, the City Council adopted Resolution 98-8 which created a Serious Traffic Offender Program ("STOP") fee for vehicles towed and impounded due to operation by serious traffic offenders. The STOP fee was adopted in conjunction with a grant funded by the California Office of Traffic Safety. The purpose of the STOP program was to identify, cite and impound the vehicles of drivers who are unlicensed or whose licenses have been suspended or revoked by the California Department of Motor Vehicles (DMV). The STOP fee was directed at drivers who had a suspended driver's license due to a history of unsafe driving practices. It was also directed at drivers who have never been licensed. These unlicensed drivers have not taken the DMV required written test, behind the wheel test or vision test required to prove their ability to safely operate a vehicle on the road. The STOP fee applied to vehicles impounded for the following violations: 22651(p) CVC 22651 (h)(2) CVC 14602.6 CVC 14602.7 CVC 14607.6 CVC Driver without a valid driver's license (includes sections 12500, 14601, 14601.1, 14601.2, 14601.3, 14601.4, 14601.5 or 14601.6 CVC) Upon service of notice of an order of suspension or Revocation, pursuant to 13388 CVC Unlicensed, suspended or revoked and involved in a traffic collision. Fleeing a peace officer Impoundment and forfeiture of a motor vehicle A STOP fee has now been in effect for almost 13 years. The STOP fee should be set at $150 based upon the reasonable costs incurred by the City. The Fee schedule should be amended to set forth this fee that was previously adopted by resolution. Vehicle Repossession Fee The NCPD Records Unit currently collects a Repossession Fee when a vehicle is repossessed and the owner of the repossessed vehicle intends to formally reclaim ownership of the vehicle from the repossession company. The current Fee Schedule sets this fee as $8. However, a fee of $15 is set by the California Government Code section 26751 and Vehicle Code section 9255, and the fee collected by the City is forwarded to the State of California. The $15 fee is proper according to the state regulations and must be set at $15, instead of the current $8. On -Line Police Reports The City recently contracted with Police Reports US, a company to provide on- line access to police reports by certain agencies, notably insurance companies and victims of crimes. The company charges an additional $3 to the $13 that the City charges for access to a police report on-line. Accordingly, the charge for an on-line police report ShoulcrKeidded to the-ree chedule to reflect the $16 fee for this added service. Dan Fabinski RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY SCHEDULING A PUBLIC HEARING TO CONSIDER AMENDMENT OF THE NATIONAL CITY FEE SCHEDULE IN REGARD TO THE SERIOUS TRAFFIC OFFENDER PROGRAM FEE, THE VEHICLE REPOSSESSION FEE, AND THE ON-LINE POLICE REPORTS FEE WHEREAS, it has been proposed that there be approved adjustments to the Serious Traffic Offender Program Fee, the Vehicle Repossession Fee, and On -Line Police Reports Fee charged by the City; and WHEREAS, Section 54954.6 of the California Government Code require a public hearing and 45 days notice prior to the enactment of any new or increased fee or charge. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the time for hearing any and all persons interested in the proposed fee adjustments is hereby set for 6:00 p.m., on September 20, 2011, in the City Council Chambers located at the Civic Center, 1243 National City Boulevard, National City, California. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to provide notice of the time and place of said hearing in accordance with the law. PASSED and ADOPTED this 2nd day of August, 2011. 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: August 2, 2011 AGENDA ITEM NO. 8 M TITLE: Resolution of the City Council of the City of National City authorizing the City Manager to apply for, accept, and expend the National City Negligent Vehicle Impound and Release Fee PREPARED BY: Jodi L. Doucette, E PHONE: EXPLANATION: Ext. 4412 DEPARTMENT: C. Attor APPROVED BY: The City's current fee schedule states that $124 is reasonable for the Negligent Vehicle Impound and Release Fee, based upon the cost to the City. The City has only been charging $55 for such fee. Therefore, it is recommended that the fee the City charges for this be changed to $124, consistent with the fee schedule study findings. This fee is exempt from Proposition 26 in that it relates to a penalty for a violation of the law. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: solution RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO APPLY FOR, ACCEPT AND EXPEND THE NATIONAL CITY NEGLIGENT VEHICLE IMPOUND AND RELEASE (NVIR) FEE WHEREAS, the City of National City desires to implement a program called the National City Negligent Vehicle Impound and Release ("NVIR") Program, a Fifty -Five Dollar ($55.00) vehicle impound fee; and WHEREAS, the purpose of the NVIR program is to identify, cite, and impound the vehicles under the authority and thereby granted by California Vehicle Code ("CVC") Sections for 22500 et seq. CVC, 22500.1 CVC, 22651(a) CVC, 22651(b) CVC, 22651(d) CVC, 22651(e) CVC, 22651(h) CVC, 22651(i) CVC, 22651(j) CVC, 22651(k) CVC, 22651(I) CVC, 22651(m) CVC, 22651(n) CVC, 22651(o)(1) CVC, 22651(p) CVC, 22651(r) CVC, 22652 CVC, 22653(c) CVC, 22655(a) CVC, 22656 CVC, 22669 et seq. CVC, 11.32.060 NCMC, 11.32.070 NCMC, 11.32.160 NCMC, 11.32.250(e) NCMC; and WHEREAS, California Vehicle Code Section 22850.5 authorizes city governments to collect fees that are reasonable and directly related to services provided; and WHEREAS, a fee study was conducted that indicated that a fee of One Hundred Twenty -Four Dollars ($124.00) is a current, conservative and reasonable estimate of Police Department costs for documenting, researching, prosecuting, tracking, and releasing the subject impounded vehicles; and NOW THEREFORE, BE IT RESOLVED that the Council of the City of National City hereby authorizes and empowers the City Manager, on behalf of the City of National City, to implement, collect, and expend the National City Negligent Vehicle Impound and Release Fee. BE IT FURTHER RESOLVED that this authorization shall include all aspects of the program operation including any amendments, matching resources, extensions, renewals, or future funding for the Negligent Vehicle Impound and Release Program, and to certify that the City will comply with all applicable statutory or regulatory requirements to said Program. BE IT FURTHER RESOLVED that any resources received from the Negligent Vehicle Impound and Release Fee shall not be used to supplant expenditures by this body. BE IT FURTHER RESOLVED, that all Negligent Vehicle Impound and Release Fee funds collected under the authority of this Resolution shall be used exclusively for the Negligent Vehicle Impound and Release Program. BE IT FURTHER RESOLVED, that a Negligent Vehicle Impound and Release Fee in the amount of One Hundred Twenty -Four Dollars ($124.00) per impound is hereby adopted by the City Council for the purpose of recovering costs of the Police Department's Negligent Vehicle Impound and Release Program vehicle impound expenses, and that the fee shall be in addition to, and exclusive of any current or future administrative fee(s) levied by the City relating to vehicle impounds and other fees or costs associated with towing and storage related to vehicle impounds. Resolution No. 2011 — Page 2 BE IT FURTHER RESOLVED that the effective date of the Negligent Vehicle Impound and Release Fee shall be thirty (30) days from and after the passage of this Resolution. BE IT FURTHER RESOLVED, that the Negligent Vehicle Impound and Release Fee shall be levied upon each vehicle impound, where the vehicle is impounded for the following reasons: Violation of the following California Vehicle Code Sections: 22500 et seq. CVC, 22500.1 CVC, 22651(a) CVC, 22651(b) CVC, 22651(d) CVC, 22651(e) CVC, 22651(h) CVC, 22651(i) CVC, 22651(j) CVC, 22651(k) CVC, 22651(1) CVC, 22651(m) CVC, 22651(n) CVC, 22651(o)(1) CVC, 22651(p) CVC, 22651(r) CVC, 22652 CVC, 22653(c) CVC, 22655(a) CVC, 22656 CVC, 22669 et seq. CVC, 11.32.060 NCMC, 11.32.070 NCMC, 11.32.160 NCMC, 11.32.250(e) NCMC; and BE IT FURTHER RESOLVED, that Police Department officials shall have the authority to waive, forego or excuse the NVIR Fee on a case by case basis in situations which may arise that warrant the exercise of prudent discretion in levying the Negligent Vehicle Impound and Release Fee. BE IT FURTHER RESOLVED that the City Council hereby authorizes the City Manager, by and through the Chief of Police, to execute all aspects of the Negligent Vehicle Impound and Release Fee collection and program operation, including any amendments thereof, and to certify that the City will comply with all applicable statutory or regulatory requirements related to the Negligent Vehicle Impound and Release Program. BE IT FURTHER RESOLVED that the City Clerk be authorized to include the Negligent Vehicle Impound and Release Fee in the National City Fee Schedule. PASSED and ADOPTED this 2nd day of August, 2011. 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: !!August 2, 20111 AGENDA ITEM NO. i .. EM TITLE: Resolution of the City Council of the City of National City authorizing the filing of an appeal to ABx1 27 and authorizing the City Manager to execute documents in support and furtherance of an appeal. PREPARED BY: Brad Raulsto DEPARTMENT: Community Services PHONE: 'Ext. 4250 APPROVED BY: EXPLANATION: IIABx1 27 requires the City to pay a remittance to the state in order to continue the redevelopment agency. The estimated amount of the remittance, based on the 2008-09 annual report, is $4.8 million. The final number will be sent to the City on August 1, 2011. Health & Safety Code section 34194 (b)(2)(L) provides that a city may appeal the amount of remittance billed by the California Department of Finance on the basis that the information in the Controller's report was in error or that the percentage of tax increment necessary to pay for tax allocation bonds and interest payments has increased by 10 percent or more over the percentage calculated in the Agency's 2008-09 annual report. The CDC issued bonds in 2011 (2011 Tax Allocation Bonds), increasing the debt service by approximately 30% since 2008-09. As the Department of Finance will be basing its calculation of the remittance due on the 2008-09 report, which does not include the 2011 Tax Allocation Bonds debt service, staff believes an (peal is warranted, as provided in ABx1 27. A ruling on the appeal should be forthcoming by :ptember 15, 2011, but the deadline may be extended by the Department of Finance to October 15, 2011..] FINANCIAL STATEMENT: ACCOUNT NO. 1 INIt ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Authorize the filing of an appeal pursuant to ABx1 27 and authorize the City Manager to execute documents in support and furtherance of an appeal.! BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE FILING OF AN APPEAL TO ABX1 27, AND AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS IN SUPPORT AND FURTHERANCE OF AN APPEAL WHEREAS, ABx1 27 requires the City to pay a remittance to the state in order to continue the redevelopment agency (CDC); and WHEREAS, the estimated amount of the remittance, based on the Fiscal Year 2008-2009 annual report is $4.8 Million; and WHEREAS, California Health and Safety Code section 34194 (b)(2)(L) provides that a city may appeal the amount of remittance billed by the California Department of Finance on the basis that the information in the Controller's report was in error or that the percentage of tax increment necessary to pay for tax allocations bonds and interest payments has increased by 10 percent (10%) or more over the percentage calculated in the agency's 2008-2009 annual report; and WHEREAS, the Community Development Commission of the City of National City ("CDC") issued bonds in 2011 (2011 Tax Allocation Bonds), increasing the debt service by approximately 30 percent (30%) since FY 2008-2009; and WHEREAS, staff believes an appeal to ABX1 27 is warranted because the Department of Finance will be basing its calculation of the remittance due by the City on the 2008-2009 annual report, which does not include the 2011 Tax Allocation Bonds debt service. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the filing of an appeal to ABx1 27 to the California Department of Finance regarding the amount of the remittance billed to the City of National City. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute a documents in support and furtherance of the appeal. PASSED and ADOPTED this 2nd day of August, 2011. 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: August 2, 2011 AGENDA ITEM NO. 10 EM TITLE: TEMPORARY USE PERMIT — 10`h Annual 9/11 Remembrance Ceremony hosted by the National City Fire Department at 343 E. 16`h Street on September 11, 2011 from 6am to loam. The applicant has requested a waiver of fees. PREPARED BY: Dionisia Trejo PHONE: (619) 336-4364 EXPLANATION: DEPARTMENT: NeighJa6r1/ood Services Division APPROVED BY: This is a request from the National City Fire Department to host the 10t Annual 9/11 Remembrance Ceremony at Fire Station #341ocated at 343 E. 16`h Street on September 11, 2011 from 6am to 10am. This is event will be in remembrance and salute to the 343 firefighters who made the supreme sacrifice on September 11, 2001. Breakfast may be served from 7am to 8:30am. Retired FDNY Firefighter Brennan Savage may be the key note speaker. The NCFD and NCPD color guard may present the flag salute. The applicant is requesting street closures on D Avenue in front of the Fire Station in order to park fire apparatus. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: The City has incurred $237.00 for processing the TUP, plus $638.40 for Public Works. Total fees are $875.40 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval BOARD / COMMISSION RECOMMENDATION: NIA ATTACHMENTS: dication for a Temporary Use Permit with recommended approvals and conditions of approval. Type of Event Public Concert _ Fair Parade Demonstration _ Motion Picture _ Grand Opening Festival Circus Other Event Title: 9/11 Remembrance Ceremony X Community Event `Block Party Event Location- Station#34, 343 E. 16th Street Event Date(s): From 9 / 1 1 /(j to9 / 1 1 / If Total Anticipated Attendance: 6 0 Month/pay/Year (20 ___Participants) Actual Event Hours: 6 aXi/pm to 1 0 nJpm O_Spedators) Setup/assembly/construction Date: 9 / 1 1 / 11 Start time:6 : 00 a , In - Please describe the scope of your setup/assembly work (specific details): 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. "D" Avenue from 15th to 16th Street. From 0600-1000 on Saturday, September 11, 201(. Sponsoring Organization: Natinnal City Fire Dept. Chief Officer of Organization (Name) Frank Parra Applicant (Name)- Don Miner For Profit g_ Not -for -Profit Address: 343 E. 16th Street, National City, CA 91950 Daytime Phone:111_4955_ Evening Phone: ; _Fax: (61p 336-4562 Contact Person "on site" day of the event:Don_Miner Pager/Cellular: (760 )715-6385 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS rb Is your organization a "Tax Exempt, nonprofit' organization? jYES _ NO Are admission, entry, vendor or participant fees required? YES X _NO 1f 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 information about the event. The National City Firefighters for thelOth Annual remembe rance and salute to the 343firefighters who made the ,supreme sacrafice on 9/11/2001. Breakfast may be served from 7:00a.m. until 8:30a.m. Retired FDNY Firefighter Brennan Savage may be the key note speaker. The NCFD and NCPD color guard may present the flag salute. This request is to shut down D avenue in front of the Fire Station in order to park fire apparatus. _ YES y` 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: �f'rT• +f,r ". (� Tjyl l7dY' �p ] 3 1hPN1%yam n� i'^I `�,r � F ily'�7°yt.�i➢{��+N,�i,' �r M~1'.b �!h gWA.�idl' � 7'at�'` I j\F "1 9 • ia.yK ✓'i7�G'•�P, T' i(4 ;i f i .*,2.4�Y.o-.kaC �h '-: e'i� •?,%{7i �t i�+N11�'i'rvht'+r' ti'iti �MTui:vr :�i)�I YES X NO Does the event involve the sale or use of alcoholic beverages? YES X- NO Will items or services be sold at the event? If yes, please describe: 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. _X 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 X 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. X YES _ NO Will the event involve the use of the City stage or, A 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: D 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) D Tables and Chairs i 64eb)tiS O &.+ A Pv • Fencing, barriers and/or barricades > Generator locations and/or source of electricity D Canopies or tent locations (include tent/canopy dimensions) D Booths, exhibits, displays or enclosures D Scaffolding, bleachers, platforms, stages, grandstands or related structures D Vehicles and/or trailers D Other related event components not covered above D Trash containers and dumpsters (Note: You must property 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 i159!jG�O�!�1 ai4:Q h heNs V,1 Please describe your procedures for both Crowd Control and Internal Security: NCPD wi 11 be on site for crowd control and internal security_ YES X NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: YES X NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. NCFD will be on site for providing first aid and eaninment Please describe your Accessibility Plan for access at your event by individuals with disabilities: Sidewalks will not be blocked in order to a1]owaccessto individuals with disabilities. Please provide a detailed description of your PARKING plan: Parking will be provided behind FLre Station #11 Please describe your plan for DISABLED PARKING: Par fnr_ diz,hinfl &r ovided . behind Pire S a inn #34. 4 �Itrs t""SI rle v7�yg�g!,2 e Y f. t V r..5$ .s it ��,,tt,'sr � �. j%`a b.� F° 4 rertt;;����✓f yyS Please descrihe your plans to notify all residents, businesses and churches impacted by the event: Notices of residents hnsinas�rc and churches will be distributed two weeks prior to the event. NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled In the City parks. - YES X 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 X NO Will sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm YES X 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: YES X NO Fireworks, rockets, or other pyrotechnics? If YES. please describe: YES XNO 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 Person in Charge of Activity Address Telephone Date(s) of Use HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including 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 Once Use Only Certificate of Insurance Approved Date 7 Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? X Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization City of National City Fire Department. Type of Organization City (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) X 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 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 No (P lease sign the form and submit it with the TUP Application) 9 a07 .ay.,l Date CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: National City Fire Department EVENT: 10ih Annual 9/11 Remembrance Ceremony DATE OF EVENT: September 11, 2011 TIME OF EVENT: 6am to 10am APPROVALS - DEVELOPMENT SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: DEVELOPMENT SERVICES (619) 336-4318 Approved with no comments RISK MANAGER (619) 336-4370 Approved with no comments PUBLIC WORKS (619)366-4580 Street Division • Staff will deliver barricades to street corners and install these barricades and remove them at the conclusion of the event. • Staff will post "no parking" signs in affected streets before the event. • The cost to provide Street personnel is estimated to be: 1. "No Parking" signs 16 x $0.45 $ 7.20 2. Equipment 6 x $ 1 9.09 $114.54 3. Barricades 10 x $0.35 $ 3.50 4. Regular Hours 2 x $32.57 $ 65.14 5. Overtime Hours 4 x $53.55 $214.20 6. Total $404.58 Park Division 10 • PA system will be provided for this event. The rates are at time and one-half overtime. • 2 hours of overtime for setup and 2 hours for breakdown a. Set up $46,58 x 2 $ 93.16 2. Breakdown $46.58 x 2 $ 93.16 3. Total $ 186.32 Facilities Division • The cost to provide tables and chairs for this event is as follows: 1. Tables 10 x $1 ea $ 10.00 2. Chairs 50 x $0.75 $ 37.50 3. Total $ 47.50 Facilities personnel will deliver tables and chairs to Station #34 prior to the event and make arrangements for pickup. Street Division Parks Division Facilities Division $404.58 $186.32 $47.50 FINANCE Approved with no comments FIRE (619) 336-4550 Approved with no comments COMMUNITY SERVICES Acct #001-422-221-102 Acct #105-442-000-102 Acct #626-422-223-102 In the past the Fire Department used the Neighborhood Council portable PA system, this system is currently broken and we may not be able to replace it in time for this event. POLICE The PD has no stipulations. PD will work on getting the Honor Guard for the event.. CITY ATTORNEY 11 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 2, 2011 AGENDA ITEM NO. ul 'EM TITLE: Investment Report for quarter ended June 30, 2011. PREPARED BY: Arnold Ocana PHONE: 619-336-4342I EXPLANATION: See attached report. DEPARTMENT: APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: F ance Staff certifies that there are sufficient funds to meet the City's financial needs. ENVIRONMENTAL REVIEW: N/A� ORDINANCE: INTRODUCTION: FINAL ADOPTION: IS STAFF RECOMMENDATION: Accept and File the Investment Report for the Quarter ended June 30, 2011. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 3ackground/Investment Overview z. Portfolio Summary — Quarter ended June 30, 2011. 2. ATTACHMENT 1 BACKGROUND California Government Code Section 53646 requires the City Treasurer or the Chief Financial Officer to submit to the City Council a quarterly report of the City's investment portfolio consisting of the following information: vVv\VV Type of investment or description, Issuers (bank or institution), Dollar amount, Interest rate, Current market valuation as of the date of the report, And the date of maturity. In addition, the code requires that the report states the City's compliance with it's investment policy and include a statement on the City's ability to meet it's pool's expenditure requirements. OVERVIEW OF CITY INVESTMENTS The City's pooled investment portfolio as of the quarter ended June 30, 2011 is summarized below and compared to the quarter ended June 30, 2010. POOLED INVESTMENT PORTFOLIO QUARTER ENDED AS OF 6/30/2011 6/30/2010 Par Value 50,756,020.00 51,556,846.76 Book Value (1) 50,755,770.00 51,556,596.76 Market Value (2) 50,899,287.33 51,751,808.20 (1) The book value is the actual cost of investments. (2) The market value is the amount at which the investments could be sold. The City of National City has 75.39% of the total portfolio invested in the California Treasurer's Local Agency Investment Fund (LAIF). This is a liquid investment pool, which allows participants to earn market rate returns of large investments, while retaining access to funds within 24 hours of a withdrawal request. Due to the current circumstances of the economy and the market conditions, LAIF return has been plunging for the last 36 months. For the month ended June 30, 2011, LAIF's monthly average effective yield was 0.448%. The summary of the City's investment portfolio is illustrated in the following chart. SUMMARY OF INVESTMENT PORTFOLIO As of June 30, 2011 INVESTMENTS HELD BY THE CITY YTM % of Investment Type Book Value Market Value 365 Equiv. Portfolio LAIF 38,266,020.00 38,326,345.23 0.448% 75.39% Medium Term Notes 500,000.00 510,320.00 4.000% 0.99% Federal Agency Securities 9,989,750.00 10,062,622.10 2.228% 19.68% CDARS Program 2,000,000.00 2,000,000.00 1.050% 3.94% Totals for June 2011 50,755,770.00 50,899,287.33 0.857% 100.00% Totals for June 2010 51,556,596.76 Portfolio increase from same quarter last year Federal Agency Securities 19.68% Medium Term Notes 0.99% -800,826.76 CDARS Program 3.94% LAIF 75.39% Investments Liquidity Book Value % of Portfolio On Demand Within One Month One Month to One Year One Year to Two Years Five Years City of National City Finance Department 38,266,020.00 3,000,000.00 7,489,750.00 1,000,000.00 1,000,000.00 75.39% 5.91 % 14.76% 1.97% 1.97% 50, 755, 770.00 100.00% L Federal Agency Securities account for 19.68% of the investment portfolio. The average rate of return is 2.228% which is the average yield offered in the current market of Security Bonds with same terms. The City has $2 million investment in the CDARS program with Neighborhood National Bank. The current investment yield is 1.050% and accounts for 3.94% of the portfolio. The pooled investment portfolio has the ability to meet the City's financial needs. Investments City of National City City of National City Portfolio Management Portfolio Summary June 30, 2011 Par Market Book % of Days to YTM/C YTM/C Value Value Value Portfolio Term Maturity 360 Equiv. 365 Equiv, IAIF Medium Term Notes Federal Agency Securities CDARS Investments 38,266,020.00 38,326,345.23 38,266,020.00 75.39 1 1 0.442 0.448 500,000.00 510,320.00 500,000.00 0.99 1,462 229 3.945 4.000 9,990,000,00 10,062,622.10 9,989,750.00 19.68 1,826 283 2.198 2.228 2,000,000.00 2,000,000.00 2,000,000.00 3.94 364 251 1.036 1.050 50,756,020.00 50,899,287.33 50,755,770.00 100.00% 389 69 0.845 0.857 Total Earnings June 30 Month Ending Fiscal Year To Date Fiscal Year Ending Current Year Average Daily Balance Effective Rate of Ret Leslie Deese, Assistant Cif :Hager Reporting period 06/01/2011-06/30/2011 Run Date: D7/21/2011 - 11:47 41, 706.40 52,155,770.00 0.97% 1/ 496,531.73 47,467,622.92 1.05% 496,531.73 Portfolio CNC CC PM (PRF_PM1) Sym Rept 6.41.2026 Report Ver. 5.00 rR CUSIP City of National City Portfolio Management Portfolio Details - Investments June 30, 2011 Page 2 Average Purchase Stated YTM/C Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate S&P 365 Maturity Date LAIF 98-37-576 11058 Local Agency Investment Fund Subtotal and Average 38,466,020.00 38,266,020.00 38,266,020.00 38,326,345.23 38.266,020.00 0.448 38,326,345.23 38,266,020.00 0.448 1 0.448 1 Medium Term Notes 36966RV94 11269 GEN ELEC CAP CRP 02/14/2008 500,000.00 510,320.00 500,000.00 4.000 AA. 4.000 229 02/15/2012 Subtotal and Average 500,000.00 500,000.00 510,320.00 500,000.00 4.000 229 Federal Agency Securities 3136F82A2 11266 Fannie Mae 02/12/2008 250,000.00 264,350,00 250,000.00 4,000 AAA 4.000 592 02/12/2013 3136F82A2 C 11257 Fannie Mae 02/12/2008 500,000.00 527,830.00 500,000.00 4.000 AAA 4.000 592 02/12/2013 3136F9CB7 11274 Fannie Mae 03/11/2008 250,000.00 264,992.50 250,000.00 4.000 AAA 4.000 619 03/11/2013 3128X8N57 11342 Federal Home Loan Mrtgage Corp 06/18/2009 240,000,00 245,889.60 240,000,00 3.000 AAA 3.000 353 06/18/2014 3136FPAB3 11362 Federal Natl. Mortgage Assoc. 08/18/2010 500,000.00 503,005,00 500,000.00 2 000 AAA 2.000 1,509 08/18/2015 3134G1 RS5 11363 Federal Home Loan Mrtgage Corp 08/25/2010 500,000,00 500,445.00 500,000.00 2.000 AAA 2.000 55 08/25/2015 3134G1RA4 11364 Federal Home Loan Mrtgage Corp 08/25/2010 500,000.00 500,540.00 500,000.00 2.125 AAA 2.125 55 08/25/2015 3133713S3 11367 Federal Home Loan Bank 10/05/2010 500,000.00 499,375.00 500,000.00 2.000 AAA 2.000 4 10/05/2015 3133712V7 11368 Federal Home Loan Bank 10/05/2010 - 500,000.00 500,480.00 500,000.00 2.050 AAA 2.050 4 10/05/2015 3133713E4 11369 Federal Home Loan Bank 10/05/2010 500,000.00 500,130.00 500,000.0C 2.000 AAA 2,000 4 10/05/2015 3134G1YF5 11370 Federal Home Loan Mrtgage Corp 11/17/2010 500,000.00 498,275.00 500,000,00 1.750 AAA 1.750 16 11/17/2015 3136FPVC8 11371 Federal Natl. Mortgage Assoc. 11/19/2010 500,000.00 498,715,00 500,000.00 1.250 AAA 1.250 49 11/19/2015 313371N93 11373 Federal Home Loan Bank 11/23/2010 250,000.00 247,885.00 250,000.00 1.700 AAA 1,700 53 11/23/2015 3136FPYSO 11372 Federal Natl. Mortgage Assoc. 11/23/2010 500,000.00 495,655.00 499,750.00 1.250 AAA 1.300 145 11/23/2015 3136FPXD4 11374 Federal Natl. Mortgage Assoc. 11/23/2010 250,000.00 250,965.00 250,000.00 1.000 AAA 1.000 145 11/23/2015 313371KF2 11375 Federal Home Loan Bank 11/24/2010 250,000.00 250,145,00 250,000.00 1.050 AAA 1.050 54 11/24/2015 313371 KJ4 11376 Federal Home Loan Bank 11/24/2010 250,000.00 250,512.50 250,000.00 1,000 AAA 1.000 54 11/24/2015 3136FPB22 11377 Federal Natl. Mortgage Assoc. 11/30/2010 500,000.00 499,675,00 500,000.00 2.000 AAA 2,000 152 11/30/2015 3136FPA98 11379 Federal Nati. Mortgage Assoc. 12/15/2010 500,000.00 500,295.00 500,000.00 2.120 AAA 2.120 1,628 12/15/2015 3134G1 P99 11380 Federal Home Loan Mrtgage Corp 01/13/2011 1,000,000.00 1,000,390.00 1,000,000.00 2.750 AAA 2,750 12 01/13/2016 313372TR5 11381 Federal Home Loan Bank 03/14/2011 750.000.00 760,927.50 750,000.00 2.640 AAA 2.640 257 03/14/2016 3134G2DA7 11384 Federal Home Loan Mrtgage Corp 04/14/2011 500,000.00 502,145.00 500,000.00 2.650 AAA 2.650 105 04/14/2016 Subtotal and Average 11,189,750.00 9,990,000.00 10,062,622.10 9,989,750.00 2.228 283 CDARS SYS11382 11382 Neighborhood National Bank 03/10/2011 2,000,000.00 2,000,000.00 Subtotal and Average 2,000,000.00 2,000,000.00 2,000,000.00 2,000,000.00 1,050 1,050 251 03/08/2012 2,000,000.00 1.050 251 Portfolio CNC CC Run Date: 07/21/2011 - 11:47 PM (PRF PM2) SymRept 6.41.202b CUSIP City of National City Portfolio Management Portfolio Details - Investments June 30, 2011 Page 3 Average Purchase Stated YTMIC Days to Maturity Investment # Issuer Balance Date Par Value Market Value Book Value Rate S&P 365 Maturity Date Total and Average 52,155,770.00 Run Date: 07/21/2011 -11 47 50,756,020.00 50,899,287.33 50,755,770.00 0.857 69 Portfolio CNC CC PM (PRF_PM2) SymRept 6.41.202b CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 2nd, 2011 AGENDA ITEM NO. ''12 'EM TITLE: j /arrant Register #1 for the period of 06/29/11 through 07/05/11 in the amount of $1,231,199.76 PREPARED BY: K. Apalateguil, PHONE: 019-336-4331 APPROVED BY: tJ EXPLANATION: !Per Government Section Code 37208, attached are the warrants issued for the period of 06/29/11 through 07/05/11 DEPARTMENT: Finance The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Health Net L' iser Health Plan Check 242511 242522 Amount 64,272.04 156,987.70 FINANCIAL STATEMENT: ACCOUNT NO. N/A! ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Explanation Health Insurance R1192A July 2011 Health Insurance Active July 2011 APPROVED: am, APPROVED: Finance MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $1,231,199.76 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: rrant Register #1 PAYEE LAW OFFICES OF DON DETISCH D MAX ENGINEERING INC DESROCHERS EDCO DISPOSAL CORPORATION GALVAN GEOSYNTEC CONSULTANTS PRO BUILD PRO BUILD PRUDENTIAL OVERALL SUPPLY PRUDENTIAL OVERALL SUPPLY SAN DIEGO COUNTY RECORDER SAN DIEGO TROLLEY INC SDG&E SMART & FINAL STAPLES ADVANTAGE SWEETWATER AUTHORITY VISTA PAINT ALLIANT INSURANCE SVCS INC CANA INDUSTRIES EDO ALLEN ANDERSON BECK BISHOP BONSUISSE INC BOYD BRENNTAG PACIFIC INC BRUCE AND CYNTHIA BOOGAARD BURKE WILLIAMS & SORENSEN LLP CAPF CALIFORNIA LAW ENFORCEMENT CENTURY REALTY CITY ATTORNEYS ASSOCIATION CITY OF NATIONAL CITY CONDON CORPUZ DANESHFAR DAPPER TIRE COMPANY DEFRATIS DELL MARKETING CORP DELTA DENTAL PLAN OF CA DEPARTMENT OF JUSTICE --ERCHIO COUNT SPECIALTY CHEMICALS DLP ENTERPRISES INC DOKKEN ENGINEERING DREDGE EARL MOHLER • WARRANT REGISTER # 1 7/5/2011 DESCRIPTION CHK NO CONDEMNATION JUDGMENT 242453 REVIEW OF STORM WATER MIT PLAN 242454 RETIREE HEALTH BENEFITS JULY 2011 242455 WASTE DISPOSAL / CDC 242456 FINANCIAL SERVICES / SEC 8 242457 ENVIRONMENTAL SVCS / 5-31-2011 242458 MOP 45707 MATERIALS 242459 MOP#45707. PAINTING MATERIALS/NSD 242460 MOP 45742 LAUNDRY SERVICE 242461 MOP# 45742. LAUNDRY SERVICES/NSD 242462 FEES FOR RECONVEYANCE OF LOANS 242463 FLAGGING SERVICES 242464 GAS AND ELECTRIC UTILITIES / CDC 242465 MOP# 45756. MATERIALS / NSD 242466 MOP# 45704. OFFICE SUPPLIES/GRANTS 242467 WATER UTILITIES / CDC 242468 MOP# 68834. PAINT / NSD 242469 SPECIAL EVENTS LIABILITY INSURANCE 242470 POOL CHEMICALS 242471 RETIREE HEALTH BENEFITS JULY 2011 242472 RETIREE HEALTH BENEFITS JULY 2011 242473 RETIREE HEALTH BENEFITS JULY 2011 242474 RETIREE HEALTH BENEFITS JULY 2011 242475 RETIREE HEALTH BENEFITS JULY 2011 242476 MILK AND DAIRY DELIVERY FOR NUT 242477 RETIREE HEALTH BENEFITS JULY 2011 242478 POOL CHEMICALS 242479 JUDGMENT IN CONDEMNATION 242480 FFA GRIEVANCE 2010 242481 FIRE / LTD JULY 2011 242482 PD / LTD JULY 2011 242483 REFUND T&A 1161 / ENG DEPT 242484 ANNUAL MEMBERSHIP DUES 242485 PETTY CASH P/E MAY 2011 242486 RETIREE HEALTH BENEFITS JULY 2011 242487 RETIREE HEALTH BENEFITS JULY 2011 242488 RETIREE HEALTH BENEFITS JULY 2011 242489 P225/60R16 97V S2 EAG RS-A PLUSVSBRPTL 242490 RETIREE HEALTH BENEFITS JULY 2011 242491 NX3100 DUALQUAD CORE INTEL XEON 242492 DENTAL INS JULY 2011 242493 NEW EMPLOYEE FINGERPRINT - CITY 242494 RETIREE HEALTH BENEFITS JULY 2011 242495 HEAVY DUTY INDUSTRIAL FOAM 242496 REFUND - BUSINESS TAX PAID 242497 PLAZA BLVD PS&E, MONTH OF MAY, 2011 242498 RETIREE HEALTH BENEFITS JULY 2011 242499 REFUND - OVERPAYMENT CITATION 242500 1/3 DATE AMOUNT 6/30/11 36,300.00 7/5/11 1,631.25 7/5/11 110.00 7/5/11 104.75 7/5/11 846.00 7/5/11 695.66 7/5/11 340.60 7/5/11 468.56 7/5/11 15.99 7/5/11 27.74 7/5/11 34.00 7/5/11 99.38 7/5/11 178.53 7/5/11 93.07 7/5/11 285.84 7/5/11 39.36 7/5/11 1,021.32 7/5/11 100.00 7/5/11 195.75 7/5/11 160.00 7/5/11 125.00 7/5/11 110.00 7/5/11 140.00 7/5/11 110.00 7/5/11 527.11 7/5/11 145.00 7/5/11 812.76 7/5/11 42,500.00 7/5/11 2,402.90 7/5/11 576.00 7/5/11 1,599.00 7/5/11 2,103.25 7/5/11 700.00 7/5/11 772.23 7/5/11 280.00 7/5/11 140.00 7/5/11 250.00 7/5/11 1,241.46 7/5/11 120.00 7/5/11 27,206.30 7/5/11 13,291.21 7/5/11 704.00 7/5/11 70.00 7/5/11 837.45 7/5/11 50.00 7/5/11 265.89 7/5/11 250.00 7/5/11 8.88 2/3 -NAT :City „ I1VC,ORPOR6TE- WARRANT REGISTER # 1 7/5/2011 PAYEE DESCRIPTION CHK NO DATE AMOUNT EISER III RETIREE HEALTH BENEFITS JULY 2011 242501 7/5/11 250.00 FLEET SERVICES INC MOP 67804 R&M AUTO EQUIPMENT 242502 7/5/11 50.00 FUN FLICKS MOVIES IN THE PARK / CSD 242503 7/5/11 323.00 GELSKEY RETIREE HEALTH BENEFITS JULY 2011 242504 7/5/11 115.00 GIBBS JR RETIREE HEALTH BENEFITS JULY 2011 242505 715/11 120.00 GLORIA O'DONOVAN T&A BOND REFUND/GLORIA O'DONOVAN 242506 7/5/11 30,000.00 GOO RETIREE HEALTH BENEFITS JULY 2011 242507 7/5/11 165.00 GRAINGER MOP# 65179. SUPPLIES / POLICE 242508 7/5/11 206.76 HAMILTON MEATS & PROVISIONS MEAT DELIVERY FOR NUT CTR 242509 7/5/11 1,138.16 HANSON RETIREE HEALTH BENEFITS JULY 2011 242510 7/5/11 135.00 HEALTH NET HEALTH INS R1192A JULY 2011 242511 7/5/11 64,272.04 HEALTH NET HEALTH -FULL NETWORK 57135A JULY 11 242512 7/5/11 6,764.73 HEALTH NET HEALTH NET - R1192F JULY 2011 242513 7/5/11 3,152.35 HEALTH NET HEALTH NET - 57135F JULY 2011 242514 7/5/11 1,304.42 HEALTH NET HEALTH INS 57135J JULY 2011 242515 7/5/11 1,284.78 HODGES RETIREE HEALTH BENEFITS JULY 2011 242516 7/5/11 200.00 HOLLIS RETIREE HEALTH BENEFITS JULY 2011 242517 7/5/11 185.00 ICMA MEMBERSHIP DUES/BEGINNING 7/1/11 242518 7/5/11 1,383.85 JAMES RETIREE HEALTH BENEFITS JULY 2011 242519 7/5/11 140.1 JEFFREY L SERVATIUS RETIREE HEALTH BENEFITS JULY 2011 242520 7/5/11 340.1 JUNIEL RETIREE HEALTH BENEFITS JULY 2011 242521 7/5/11 50.00 KAISER FOUNDATION HEALTH PLANS KAISER INS ACTIVE JULY 2011 242522 7/5/11 156,987.70 KAISER FOUNDATION HEALTH PLANS RET INS JULY 2011 GROUP 104220-03 242523 7/5/11 9,344.26 KAISER FOUNDATION HEALTH PLANS KAISER RET INS COBRA MAY 2011 242524 7/5/11 6,985.36 KIMBLE RETIREE HEALTH BENEFITS JULY 2011 242525 7/5/11 300.00 KIMLEY HORN AND ASSOCIATES INC TCSP GRANT APPLICATION & EXHIBITS 242526 7/5/11 3,500.00 LANDA RETIREE HEALTH BENEFITS JULY 2011 242527 7/5/11 155.00 LIMFUECO RETIREE HEALTH BENEFITS JULY 2011 242528 7/5/11 160.00 LOPEZ TRANSLATION SERVICES FY 10/11 242529 7/5/11 140.00 MARTHA TELLEZ PEREZ REFUND - VIOLATION DISMISSED 242530 7/5/11 645.00 MATIENZO RETIREE HEALTH BENEFITS JULY 2011 242531 7/5/11 100.00 MCCABE RETIREE HEALTH BENEFITS JULY 2011 242532 7/5/11 280.00 MCDOUGAL LOVE ECKIS SVCS RENDERED THROUGH 5/31/11 242533 7/5/11 910.00 MEDINA RETIREE HEALTH BENEFITS JULY 2011 242534 7/5/11 105.00 MEYERS/NAVE LAW CORP CONSULT/MOU NEGOTIATIONS 242535 7/5/11 6,821.48 MURRAY RETIREE HEALTH BENEFITS JULY 2011 242536 7/5/11 150.00 MYERS RETIREE HEALTH BENEFITS JULY 2011 242537 7/5/11 140.00 NATIONAL CITY AUTO TRIM R&M CITY VEHICLES 242538 7/5/11 186.58 NATIONAL CITY CAR WASH CAR WASHES 242539 7/5/11 284.00 NATIONAL CITY TROPHY MOP 66556 CUP SOCCER RESING 242540 7/5/11 76.83 NORTH STATE ENVIRONMENTAL HAZARDOUS WASTE REMOVAL - PD 242541 7/5/11 742.50 NOSAL WILLIAM A RETIREE HEALTH BENEFITS JULY 2011 242542 7/5/11 1,214.29 OCHOA RETIREE HEALTH BENEFITS JULY 2011 242543 7/5/11 125.1 PACIFIC AUTO REPAIR SMOG CERTIFICATION/REPAIRS 242544 7/5/11 261. PAUU RETIREE HEALTH BENEFITS JULY 2011 242545 7/5/11 340.00 PDSI POLICE DEPT TELESTAFF MAINT 242546 7/5/11 11,845.05 PEASE JR RETIREE HEALTH BENEFITS JULY 2011 242547 7/5/11 140.00 PEDRO QUENGA LIABILITY CLAIM COSTS / RISK 242548 7/5/11 275.00 PAYEE PORAC LEGAL DEFENSE FUND POST POTTER PRO BUILD PRO -EDGE KNIFE PROGRESSIVE SOLUTIONS INC PRUDENTIAL OVERALL SUPPLY RAY RELIANCE STANDARD ROARK ROE RUIZ SAN DIEGO BMW MOTORCYCLES SAN DIEGO DAILY TRANSCRIPT SAN DIEGO MIRAMAR COLLEGE SAN DIEGO MIRAMAR COLLEGE SDG&E SHARON PEOPLES ORT VA SKS INC. SMART SOURCE OF CA LLC STAPLES ADVANTAGE STRASEN SUPERIOR READY MIX SYSCO SAN DIEGO THE JBC GROUPS, LLC THE LINCOLN NATIONAL LIFE INS TRIVIZ U S BANK U.S. HEALTHWORKS UNION BANK OF CALIFORNIA UNITED ROTARY BRUSH CORP URIAS VANTASSEL PROCTOR WAXIE SANITARY SUPPLY WEST ENTERPRISES ZIETLOW ::TION 8 HAPS PAYMENTS WARRANT REGISTER # 1 7/5/2011 DESCRIPTION LEGAL DEFENSE POLICE DEPT RETIREE HEALTH BENEFITS JULY 2011 RETIREE HEALTH BENEFITS JULY 2011 MOP 45707 TRAFFIC CONTROL SUPPLY KNIFE SHARPENING SERVICES SOFTWARE MAINTENANCE MOP 45742 LAUNDRY SERVICE RETIREE HEALTH BENEFITS JULY 2011 VTLJULY 2011 RETIREE HEALTH BENEFITS JULY 2011 RETIREE HEALTH BENEFITS JULY 2011 RETIREE HEALTH BENEFITS JULY 2011 R&M CITY VEHICLES CHILLER REPLACEMENT SPEC NO 11-1 REGIONAL OFFICER TRAINING / PD FIRST AID/CPR TRAINING / PD FACILITIES GAS & ELECTRIC REFUND - VIOLATION DISMISSED RETIREE HEALTH BENEFITS JULY 2011 TRAVEL EXP CAASD MEETING VALAFLP1540B VAL ALL -FLEET BUSINESS CARD SHELLS MOP# 45704. OFFICE SUPPLIES/POLICE RETIREE HEALTH BENEFITS JULY 2011 TACK OIL FOOD & CONSUMABLES / NUTRITION ANNUAL CALRECYCLE SB106- AB939 LIFE & AD&D, STD, LTD JULY 2011 RETIREE HEALTH BENEFITS JULY 2011 CREDIT CARD EXP - PD MEDICAL SERVICES / DOT EXAM MAY11-APR12/GEN OBLIGATION BOND SWEEPER REPAIRS RETIREE HEALTH BENEFITS JULY 2011 REFUND DEPOSIT#1386 AUTO ZONE JANITORIAL SUPPLIES REFUND OF C&D COSTS RETIREE HEALTH BENEFITS JULY 2011 Start Date 6/29/2011 End Date 7/5/2011 3/3 CHK NO DATE AMOUNT 242549 7/5/11 225.00 242550 7/5/11 280.00 242551 7/5/11 150.00 242552 7/5/11 1,670.88 242553 7/5/11 46.00 242554 7/5/11 20,954.13 242555 7/5/11 573.43 242556 7/5/11 190.00 242557 7/5/11 2,422.01 242558 7/5/11 135.00 242559 7/5/11 120.00 242560 7/5/11 310.00 242561 7/5/11 178.53 242562 7/5/11 756.60 242563 7/5/11 13.00 242564 7/5/11 26.00 242565 7/5/11 27,047.53 242566 7/5/11 330.00 242567 7/5/11 300.00 242568 7/5/11 18.76 242569 7/5/11 1,023.06 242570 7/5/11 1,297.07 242571 7/5/11 2,944.32 242572 7/5/11 135.00 242573 7/5/11 111.47 242574 7/5/11 1,938.21 242575 7/5/11 900.00 242576 7/5/11 8,381.63 242577 7/5/11 135.00 242578 7/5/11 553.43 242579 7/5/11 55.00 242580 7/5/11 1,127.87 242581 7/5/11 353.41 242582 7/5/11 125.00 242583 7/5/11 1,056.62 242584 7/5/11 2,404.24 242585 7/5/11 2,800.00 242586 7/5/11 150.00 A/P Total 535,119.32 696,080.44 GRAND TOTAL $ 1,231,199.76 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO TILE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO TIIE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN ALEJANDRA SOTELO-SOLIS, VICE -MAYOR ROSALIE ZARATE, MEMBER LUIS NATIVIDAD, MEMBER MONA RIOS, MEMBER 1 HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 2"d OF AUGUST. 2011. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 2nd, 2011 AGENDA ITEM NO.113 ...EM TITLE: Warrant Register #2 for the period of 07/06/11 through 07/12/11 in the amount of $1,482,038.61 PREPARED BY: �IK. Apalategui PHONE: 619-336-4331 EXPLANATION: ;Per Government Section Code 37208, attached are the warrants issued for the period of 07/06/11 through 07/12/11 DEPARTMENT: Financ APPROVED BY: The Finance Department has implemented a policy explanation of all warrants above $50,000.00 Vendor Check Amount San Diego Habitat 242591 106,102.00 Public Emp Retirement 242625 Explanation Expense reimbursement 252,702.83 Retirement insurance Service Period 6-11-4 FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $1,482,038.61 BOARD / COMMISSION RECOMMENDATION: N/iN ATTACHMENTS: arrant Register #2 PAYEE FEDEX GEOSYNTEC CONSULTANTS KEYSER MARSTON ASSOC PASSANTINO ANDERSEN SAN DIEGO HABITAT FOR HUMANITY AEP CALIFORNIA LLC ALEXANDER'S LEGAL SEMINARS ALTAREJOS ASSI SECURITY INC AT&T MOBILITY BEARD CAPPO CONFERENCE CITY OF CHULA VISTA COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO COX COMMUNICATIONS DELTA CARE USA )UCETTE aYTAN GOFFIGAN GRAINGER GRANICUS INC GTC SYSTEMS INC GUERRA HCFA C/O CITY OF EL CAJON HORIZON HEALTH EAP INDEPENDENT FORENSIC SERVICES JIMENEZ JOSSE KAISER FOUNDATION HEALTH PLANS LASER SAVER INC LAW OFFICES OF DON DETISCH LIBRARY VILLAGE SOUTH INC MERCADO NATIONAL CITY TROPHY NATIONAL EMBLEM INC OCE' NORTH AMERICA PBS&J PUBLIC EMP RETIREMENT SYSTEM QUESTYS SOLUTIONS S & S RECREATION WORLDWIDE - 'IS WORLDWIDE INC ART & FINAL O. CALIFORNIA RADAR/LASER SOUTH COAST EMERGENCY STAPLES ADVANTAGE STARTECH COMPUTERS TELLEZ 1/2 WARRANT REGISTER #2 7/12/2011 DESCRIPTION CHK NO DATE AMOUNT EXPRESS MAIL COURIER SERVICES/REDEV 242587 7/12/11 46.56 ENVIRONMENTAL CONSULT SVC/5-31-11 242588 7/12/11 4,842.57 ECONOMIC CONSULTING SVCS/MAY 2011 242589 7/12/11 11,586.88 GRANT RESEARCH SVCS / MAY 2011 242590 7/12/11 3,500.00 REIMB/ SD HABITAT FOR HUMANITY 242591 7/12/11 106,102.00 LIMO TINT - 2 FRONT WINDOWS / PD 242592 7/12/11 100.00 ALEXANDER'S REV # 43 242593 7/12/11 38.25 REFUND / CITATION DISMISSED 242594 7/12/11 60.00 REPLACE POWER SUPPLIES/CITY HALL 242595 7/12/11 1,550.00 ATT SECURE WIRELESS CIRCUIT / PD 242596 7/12/11 399.60 125 PLAN REIMBURSEMENT 242597 7/12/11 115.00 CAPPO CONFERENCE 1/9-13/2012 242598 7/12/11 195.00 PROFESSIONAL SERVICES / HR 242599 7/12/11 8,568.40 PERMIT FEE / HAZARDOUS MATERIALS 242600 7/12/11 768.00 MAIL PROCESSING SVC / FEB16/MAR15 242601 7/12/11 4,046.65 COX HIGH SPEED 60MB DATA CIRCUIT 242602 7/12/11 3,129.52 PMI DENTAL INS DELTACARE USA JUL 2011 242603 7/12/11 2,982.67 125 PLAN REIMBURSEMENT 242604 7/12/11 623.30 REFUND / CITATION DISMISSED 242605 7/12/11 30.00 PARAMEDIC REIMBURSEMENT / FIRE 242606 7/12/11 505.00 MOP# 65179. SUPPLIES / FIRE DEPT 242607 7/12/11 326.50 GRANICUS WEBCAST/LIVECAST MNGD 242608 7/12/11 1,477.35 NETWORK ENGINEERING HOURS 242609 7/12/11 1,267.50 MISS NC EDUCATIONAL SCHOLARSHIP 242610 7/12/11 250.00 FY11 ANNUAL DISPATCHING CHARGE/FIRE 242611 7/12/11 1,608.06 EMPLOYEE PROGRAM 1 JUNE 2011 242612 7/12/11 762.54 SART EXAMS FOR FY 2011 / POLICE 242613 7/12/11 450.50 MISS NC EDUCATIONAL SCHOLARSHIP 242614 7/12/11 500.00 125 PLAN REIMBURSEMENT 242615 7/12/11 1,534.10 RET INS GROUP 104220-01 / JULY 2011 242616 7/12/11 23,679.88 MOP# 45725. INK CARTRIDGES/ C CLERK 242617 7/12/11 156.89 IN 15587 / 15588 / 15589 / 15590 / 15591 242618 7/12/11 5,865.23 REFUND/ DEVELOPERS DEPOSIT 242619 7/12/11 3,836.39 REFUND / CITATION DISMISSED 242620 7/12/11 305.00 MOP# 66556. ENGRAVED PLATES/FINANCE 242621 7/12/11 156.95 NATIONAL CITY POLICE PATCHES 242622 7/12/11 1,282.81 36x500 BOND PAPER 242623 7/12/11 458.96 PROVIDE SEWER BILL/TAX ROLL 242624 7/12/11 5,978.00 SERVICE PERIOD 6-11-4 242625 7/12/11 252,702.83 QUESTYS GOLD LEVEL ANNUAL SOFTWARE 242626 7/12/11 13,716.85 RECREATION SUPPLIES / CSD 242627 7/12/11 278.78 CRAFT SUPPLIES 242628 7/12/11 414.06 MOP# 45756. SUPPLIES / POLICE 242629 7/12/11 131.58 TEST AND CERTIFICATION/LIDAR GUN 242630 7/12/11 195.00 INSTALLATION OF ADDITIONAL FOLDING 242631 7/12/11 371.61 MOP# 45704 OFFICE SUPPLIES / NSD 242632 7/12/11 1,168.97 MOP# 61744. COMPUTER EQUIP/MIS 242633 7/12/11 448.05 125 PLAN REIMBURSEMENT 242634 7/12/11 311.99 PAYLE THE TRIBUNE PUBLISHING USA MOBILI I r WIRELESS, INC. VC Froi .(=r NC]'i` ANIMAL HOSPITAL VL-t4TZON / RELESS VE :7C}<• WFAL .I"ERS WAI SANITARY SUPPLY W!I LY'S ELECTRONIC SUPPLY ZU"JIGA PAYROLL Pay period 14 Start Date 6/14/2011 WARRANT REGISTER #2 7/12/2011 DESCRIPTION LEGAL NOTICES ADVERTISING FY 10/11 USA MOBILITY/METROCALL PAGER SVC EMERGENCY ANIMAL CARE / POLICE CELL PHONE CHARGES / POLICE VERIZON WIRELESS SERVICE / CITY REIMBURSEMENT / NCPD CASE 22025 SERIES BROWN TOWELS / FIRE MOP# 45763. ELECTRICAL SUPP/ MIS MISS NC EDUCATIONAL SCHOLARSHIP End Date Check Date 6/27/2011 7/6/2011 2/2 CHK NO DATE AMOUNT 242635 7/12/11 1,432.40 242636 7/12/11 790.53 242637 7/12/11 100.00 242638 7/12/11 73.95 242639 7/12/11 4,540.74 242640 7/12/11 176.67 242641 7/12/11 319.14 242642 7/12/11 108.93 242643 7/12/11 750.00 A/P Total 477,118.14 1,004,920.47 GRAND TOTAL. $ 1,482,038.61 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 2, 2011 AGENDA ITEM NO. 14 M TITLE: An Interim Ordinance of the City Council of the City of National City adopted pursuant to Government Code Section 65858 as an Urgency Measure to take effect immediately, enacting a Moratorium prohibiting new pawnbroker, secondhand and precious metal dealing and establishments in National City PREPARED BY: Jodi L. Doucette PHONE: 4412 EXPLANATION: Please see attached. DEPARTMENT: APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: X Finance MIS STAFF RECOMMENDATION: Adopt ordinance. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Staff Report 2 — Report on Pawnshops (Agenda Item No. 21, dated May 3, 2011) 3 — Proposed ordinance ATTACHMENT 1 STAFF REPORT The City has recently adopted a new General Plan, a component of which allows for land usage that includes pawnbrokers, secondhand and precious metal dealers and establishments within the City. Since the original pawnshop establishments were approved in the 1980's, the City has seen a 200% increase in such establishments. Various existing businesses have also expanded to include the provision for such secondhand dealings in recent years. Moreover, due to the increasing value of gold, the market has encountered a proliferation of such gold buying establishments. Recently, unlicensed and unpermitted gold and other secondhand dealer establishments and vendors have erupted in record numbers. The National City Police Department has been concerned with the increase in crime related to the existence of such establishments, which includes the sale and purchase of stolen goods, and the added burden of being tasked with tracking the reporting requirements for such establishments pursuant to the regulations of the California Department of Justice, particularly in light of the decrease in law enforcement resources. Existing land use controls may not adequately address the potential adverse effects of newly proposed pawnbrokers, secondhand and precious metal establishments in the community. There is a potential threat to the public health, safety and welfare were the City to permit new establishments. To protect the health, safety, and welfare of the citizens of the City of National City, a moratorium for a period of 45 days on the locating of, development, or approval of new pawnshops, secondhand dealers and gold buying establishments is recommended. During this time, staff will study and consider the current environment and the effects of existing and new pawnbrokers, secondhand and precious metal establishments, such as gathering information as to the effect and status of such establishments upon other communities. (Page 194 of 309) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT IEETING DATE: May 3, 2011 ATTACHMENT 2 AGENDA ITEM NO. 21 iM TITLE: Report on pawnshops and businesses engaged in secondhand dealing and/or the purchase and selling of gold and other precious metals. (Continued from Council Meeting of April 5, 2011) PREPARED BY: Leslie Deese, Asst. City Manager DEPARTMENT: City Manager PHONE: 619-336-4240 ---1— APPROVED BY: EXPLANATION: See Attached FINANCIAL STATEMENT: NIA ACCOUNT NO. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: Finance APPROVED: MIS STAFF RECOMMENDATION: Given the increasing number of gold buying businesses coming into the City, and the current lack of enforcement and zoning regulations, staff recommends the City Council direct that language be included in the draft Land Use Code to include gold buying and secondhand businesses. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: iff Report ....achment #1 (Council Agenda Statement from April 5, 2011) Attachment #2 (Memo from Legal Counsel) (ot (Page 195 of 309) Staff Report On April 5, 2011, the City Council discussed a report on pawnshops and businesses engaged in secondhand dealing and/or the purchase and selling of gold and other precious metals. This report (Attachment 1) was in response to a request by Councilmember Natividad who is concerned about an increasing number of new pawn and gold buying businesses operating in the City as well as gold buying businesses that appear to be operating out of vehicles and without the proper licenses. The National City Police Department ("NCPD") also expressed concerns related to criminal activity, sale of stolen items, and secondhand dealer reporting requirements as required by the Califomia Department of Justice ("DOJ"). The City Council requested staff to bring back additional information to consider options to strengthen existing code and zoning regulations pertaining to the number of pawn, secondhand and gold buying businesses operating in the City. Licensed Businesses in National City There are currently nine (9) pawn, gold buying, and secondhand businesses licensed to operate in National City. Please note that "Quality for Less" appears to no longer be in business. NO CUP We Lend More, Inc. (Pawnshop) m 133 E. 8 Street Predates CUP requirement 1985-2 CUP Simon & Simon Jewelry & Loan (Pawnshop) 139 E. 8th Street Denied by Planning Commission on 4/1/85. Approved by City Council on 5/14/85 2008_08 CUP Express Financial Services (Pawnshop) 1050 Highland Avenue Approved by Planning Commission on 5/19/08. Approved by City Council at Public Hearing on 7/1/08 2009-05 CUP Monte de Piedad (Pawnshop) 604 Highland Avenue Approved by Planning Commission on 5/18/09. City Council filed on 6/2/09 1 (Page 196 of 309) 2009-16- CUP Cash for Gold (Gold Buying) 3030 Plaza Bonita Road #2075 Approved by Planning Commission on 9/21/09. City Council filed on 10/6/09 2009-17 CUP Quality 4 Less (Secondhand Store) NO LONGER IN BUSINESS (Active business license but not renewed yet this year (due date 02/28/11) 3126 E. Plaza Blvd. Approved by Planning Commission on 9/21/09. City Council filed on 10/6/09 2010-16- CUP Gold Buying at Uncle Buck's Check Cashing (Gold Buying) 1539 Plaza Blvd. Approved by Planning Commission on 7/19/10. City Council filed on 8/3/10 2010-20- CUP Business Not Yet Operating or Named (Pawnshop with Gold Buying) 560 Highland Ave Approved by Planning Commission on 7/19/10. City Council filed on 8/3/10 2011-05 CUP Monte de Piedad ho with Gold (Pawnshop Buying) 2720 E. Plaza Blvd Approved by Planning Commission on 3/21/11. City Council filed on 4/19/11 Since the original two pawnshop businesses were approved in the 1980's, National City has seen a 200% increase in pawn, gold buying and secondhand businesses. These uses are in part a function of the current economy and free market. The market will support a certain number of outlets depending on the population in need of the service. The changing economy has forced businesses to expand their range of services in order to be more profitable, which may account for the increasing number of businesses offering multiple services, including gold buying. In order for a business to offer an additional service, that particular use must be allowed In the underlying zone, which may or may not require issuance of a Conditional Use Permit ("CUP"). Other than those businesses that go through the proper licensing requirements, it is difficult to know the actual number of unlicensed gold buying businesses and dealers operating in the City without staff conducting a field survey, since many of the businesses and dealers operate out of cars or hold shows in hotel rooms. 2 C:/ (Page 197 of 309) One of the principal methods that a City may utilize to regulate pawnbrokers and secondhand and precious metal dealers is through land use controls. Examples of land use controls that may be utilized include the placement of numerical limits on businesses of the same type, imposition of distance requirements between businesses of the same type, and enactment of CUP requirements. The attached memorandum from legal counsel (Attachment 2) provides additional detail on a city's authority to regulate pawnbrokers and secondhand and precious metal dealers. National City does not have a moratorium on the number of pawn businesses allowed to operate in our jurisdiction. As part of its authority to regulate land use, the City may impose a moratorium on a specified land use, prohibiting the establishment of any new land use of the type specified while the moratorium is in effect. An ordinance adopted as an urgency ordinance requires that it be necessary for the immediate preservation of the public health, safety and welfare within the meaning of the Government Code to take effect immediately. Over the years, National City has enacted several moratorium ordinances, including a moratorium on payday lenders, a business, like pawnshops and other secondhand dealers, that is already regulated by State law. It is the opinion of legal counsel that pawnbrokers and secondhand and other precious metal dealers could likewise be the subject of a moratorium ordinance. The attached memorandum from legal counsel (Attachment 2) provides additional detail on the enactment of interim (moratorium) ordinances. It is unconstitutional to regulate a business through identifying words that describe the type of business it is, e.g., business name would contain pawnshop or gold buying to identify the type of business. The United States Supreme Court has ruled that a city can only regulate time, place or manner. (Metromedia v. City of San Diego (1982) 453 U.S. 490.) State and Local Regulations Both pawn brokers and gold and precious metal buying are regulated by the State, generally through the California Business and Professions Code. Precious metal buying businesses and pawnshops must register with the State DOJ as a secondhand dealer. State law does not allow cities to adopt identification, holding, or reporting requirements if they are already set forth by the California Business and Professions Code. Pawnshops must also obtain a pawnbroker's license from the State DOJ, which is received after the NCPD reviews the application. Pawnshops are highly regulated and are required to do the following: 1. Must document every transaction; 2. Must report all purchases to NCPD on a daily basis; 3 (Page 198 of 309) 3. Must hold purchased items for a minimum of 30 days; 4. Must review and validate identification of the person conducting the pawn transaction; 5. Must send NCPD a copy of the transaction slip, generally with an original thumbprint; 6. Must electronically add the information to a database which forwards the information to the State. NCPD utilizes the Leads Online database to electronically track the information entered by the pawnshops. On a weekly basis, Leads Online electronically notifies the NCPD Investigations Division whether any of the registered pawnshops are behind in submitting electronic copies of the transactions: • Simon & Simon Jewelry & Loan • Express Financial Services • Monte de Piedad • Cash for Gold Uncle Bucks does not have the volume they deem necessary to cover the cost of the database so they only enter pawn transactions manually at this time; however, they intend to join the electronic database in the future. Quarterly, the NCPD Investigations Division submits the summary to the Records Division to ensure there is not a trend in late submittals. Since implementing the audit review system in the third quarter of 2010, there have been no instances of the hard copy submittals lagging behind the electronic submittals. The late electronic submittals exist when data entry lags behind the actual physical submittal of the transaction slips to NCPD. Since 2010, the pawnshops listed above have been in total compliance. Annually, the State sends NCPD a list of currently licensed pawn dealers and those coming up for renewal to check for compliance. NCPD investigators visit those retailers who have not renewed their pawn license to ensure they are not operating as a pawn dealer. While conducting these reviews over the last four years, NCPD has found only one secondhand dealer (no pawnshops) who was out of compliance and ensured they renewed both their State and City licenses. In the course of investigating burglaries and fraud cases, NCPD investigators regularly visit pawn shops located in the City. Leads Online has substantially increased NCPD's visits to pawnshops due to easy access with a usable system. Investigators use the database on a weekly basis to follow-up on leads and enter suspected and stolen items into the Leads Online database which contains a national (and some businesses located in Mexico) detailed comprehensive database of pawnshops. Before Leads Online, NCPD relied on ARJIS, a countywide criminal justice enterprise network which has limited details and doesn't include the entire pawn transaction information. (Page 199 of 309) In addition to running a particular name or a particular item, NCPD receives alerts on the following situations: • Every time a particular person of interest pawns an item anywhere in the United States; • Every time an item matching an item stolen in National City and submitted to ARJIS is pawned anywhere in the United States; • Every time a particular style of item of interest is pawned (for example a Cannon ES 50D digital Camera); • Individuals from National City, who may or may not be on any law enforcement watch list, but pawn an inordinate amount of items. One example involved an individual who was not on a watch list but pawned 78 wedding rings over a matter of weeks. NCPD also meets semi-annually with the San Diego Regional Pawn Association. Simon and Simon, Monte de Piedad and Express Pawn personnel are always involved and attend the meetings. NCPD and Code Enforcement are not aware of any current code or other violations with any of the pawn and/or gold buying businesses licensed in National City. Conditions for Approval Gold buying businesses and pawnshops are not locally regulated by City ordinance, other than being required to obtain a business license. In fact, cities and counties are precluded from adopting ordinances regulating the holding, reporting or identification requirements for transactions involving coins, monetized bullion, or commercial grade ingots of gold, silver, or other precious metals. (Bus. & Prof §21637(a)) The State preempts the regulation in this area. The concern has been that gold buyers have been discovered at times to work out of cars or shows in hotel rooms and will melt items immediately and pay the person cash on the spot. Melting the gold and metals make it more difficult for law enforcement to track stolen property. These buyers differ from legitimate businesses such as the Cash for Gold business located in Westfield Plaza Bonita. Enforcement for these non -legitimate "businesses" may be achieved through stricter zoning regulations and additional police monitoring. To assist the City with outreach to the business community, the National City Chamber of Commerce has offered to coordinate an informational orientation for pawnshops and businesses engaged in secondhand dealing and/or the purchase and selling of gold and precious metals. National City relies primarily on State regulations to enforce and regulate pawnshops, secondhand, and gold and precious metals buying businesses. Conditional Use Permits / Conditions of Approval can be an appropriate method 5 c> (Page 200 of 309) for strengthening the reporting of secondhand property sales, installation and maintenance of security cameras, retention of video tapes for at least 60 days, and photographing of sellers, and other such regulations. Additionally, at the recommendation of the Chief of Police,. the Planning Commission may consider revocation of the CUP if the operator is found to be in violation of any State or local law. There are currently no regulatory or zoning requirements for pawnshops in National City. However, Chapter 3, Section 18.30.320 of the draft National City Land Use Code contains language that strengthens the City's ability to regulate pawnshops: 1. No pawnshops shall be located within 2,000 feet of another such business. 2. Pawnshops shall be no closer than 250 feet from residential zones. 3. No pawnshop shall be located east of Interstate 805. 4. A conditional use permit is required. 5. A pawnshop which provides payday lending is not exempt from the regulations of payday lenders. Should the City Council approve the Land Use Code in its final form, approval conditions and distance requirements for pawnshops will be strengthened. However, it is important to note that the draft Land Use Code in its current form does not address or regulate secondhand or gold buying businesses. Without such regulations, the secondhand dealers and gold buyers (with the exception of "Cash for Gold" at Plaza Bonita who voluntarily meets pawn standards) will remain, for the most part, unregulated. Staff Recommendation Given the increasing number of gold buying businesses corning into the City, and the current lack of enforcement and zoning regulations, staff recommends the City Council direct that language be included in the draft Land Use Code to include gold buying and secondhand businesses. (Page 201 of 309) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT ATTACHMENT #1 MEETING DATE: April 5, 2011 AGENDA ITEM NO.17 M TITLE: Report on pawnshops, and businesses engaged in secondhand dealing and/or the purchase and selling of gold and other precious metals. PREPARED BY: •Leslie Deese, Asst. City Manager DEPARTMENT: City Manager PHONE: 619-336-4240 APPROVED BY: EXPLANATION: See Attached FINANCIAL STATEMENT: NIA ACCOUNT NO. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: See attached staff recommendation (Page 4) BOARD I COMMISSION RECOMMENDATION: N/A ATTACHMENTS: f Report (Page 202 of 309) Staff Report At the March 1, 2011 City Council meeting, Councilmember Natividad requested staff to provide a report on the number of pawnshop businesses located in National City, zoning regulations, reporting requirements and any associated impacts. in addition to pawnshops, there are a number of businesses that are also engaged in secondhand dealing and/or the purchase and selling (for melting purposes) of gold and other precious metals. As such, this report also discusses those businesses. The Police Department has also expressed concerns related to criminal activity, sale of stolen items, and secondhand dealer reporting requirements as required by the State Department of Justice. Pawnshops are in the business of lending money on the security of pledged goods left in pawn, or in the business of purchasing tangible personal property to be left in pawn on the condition that it may be redeemed or repurchased by the seller for a fixed price within a fixed period of time. Both pawn brokers and gold and precious metal buying are State regulated, generally through the California Business and Professions Code. Precious metal buying businesses and pawn shops must register with the California Department of Justice as a secondhand dealer. Pawn shops must properly document and report all purchases to the Police Department on a daily basis and hold purchased items for a minimum of 30 days. State law does not allow cities to adoptidentification, holding, or reporting requirements if they are already set forth by the California Business and Professions Code. There are no local distance requirements for pawnshops and any noted impacts of such businesses located in close proximity to one another are unknown at this time. Currently, the two businesses located on 8th Street are adjacent to each other and have been for many years. It is unknown whether the business currently under construction at 560 Highland would impact the pawnshop business next door in terms of business sales or other consequences. The City does not have a moratorium on the number of pawn businesses allowed to operate in our jurisdiction. Licensed Businesses in National City There are currently nine (9) pawn, gold buying, and secondhand businesses licensed to operate in National City, with another approved and scheduled to open shortly. The businesses are at the following locations: To) (Page 203. of 309) NO CUP We Lend More, Inc. (Pawn Shop) �, 133 E. 8 Street Predates CUP requirement 1985-2 CUP Simon & Simon Jewelry & Loan (Pawn Shop) • 139 E. 8th Street Denied by Planning Commission on 4/1/85. Approved by City Council_ on May 14, 1985 2008-08 CUP Express Financial Services (Pawn Shop) 1050 Highland Avenue Approved by Planning Commission on 5/19/08. Approved by City Council at Public Hearing on 7/1/08 2009-05 CUP Monte de Piedad (Pawn Shop) 604 Highland Avenue Approved by Planning Commission on 5/18/09. City Council filed on 6/2/09 2009 16- CUP Cash for Gold (Gold Buying) 3030 Plaza Bonita Road #2075 Approved by Planning Commission on 9/21/09. City Council filed on 10/6/09 2009-17 CUP Quality 4 Less (Thrift Store) 3126 E. Plaza Blvd. Approved by Planning Commission on 9/21/09. City Council filed on 10/6/09 2010-16- CUP Gold buying at Uncle Buck's Check Cashing (Gold Buying) 1539 Plaza Blvd. Approved by Planning Commission on 7/19/10. City Council filed on 8/3/10 2ission CUPO Business Not Yet Operating or Named (Pawn Shop with Gold Buying) Highland Ave Approved by Planning on C560 7/19/10.mCity Council filed on 8/3/10 2011-05 CUP Monte de Piedad (Pawn Shop with Gold Buying) 2720 E. Plaza Blvd Approved by Planning Commission on 3/21/11. Scheduled for City Council on 4/19/11 C._6 (Page 204 of 309) j • State Regulations Pawnshops must obtain a Pawnbrokers license from the State Department of Justice, which is received after the National City Police Department ("NCPD") reviews the application. Pawn shops in National City, other cities, and the County of San Diego are highly regulated. Pawn shops must document every transaction, and review and validate identification of the person conducting the pawn transaction. They complete a copy of the transaction, send NCPD a copy of thetransaction slip (generally with a thumbprint), and electronically add the information to a database which sends the information to the state. The pawn broker must not only identify the person entering into a transaction, they must also hold the item pawned for at least 30 days after notification to NCPD of the transaction, and therefore cannot sell or transfer the item until after the 30-day period . NCPD utilizes the "Leads Online" database to track the information entered by the pawnshop. This database allows NCPD to track every pawn in the City, and every pawn transaction entered into by any National City resident (identified with a National City address) anywhere in the country and, in parts of Mexico. NCPD can track pawns of any item in the United States, sometimes with an actual photo and the copy of the transaction slip. NCPD receives this info in a real-time basis. The "Leads Online" database also sends NCPD weekly alerts on any pawn shop that is behind in entering their transaction information. NCPD can also add alerts for any individual, any item, any description on any item in any universe they select if they are looking for a stolen item or a person of interest. The Leads Online system notifies NCPD immediately with an electronic message if any hits (transaction) on any person or item added into their system. NCPD has solved several cases of burglary, elder abuse, and robbery through this system. Gold Buying & Secondhand Dealers Gold buying businesses and pawnshops currently are not locally regulated by City ordinance, other than being required to obtain a business license. In fact, cities and counties are precluded from adopting ordinances regulating the holding, reporting or identification requirements for transactions involving coins, monetized bullion, or commercial grade ingots of gold, silver, or other precious metals. (Bus. & Prof §21637(a).) The State preempts the regulation in this area. The concern has been that gold buyers have been discovered at times to work out of cars or shows in hotel rooms and will melt items immediately and pay the person cash on the spot. These buyers differ from legitimate businesses such as the Cash for Gold business located in Westfield Plaza Bonita. Enforcement for these non -legitimate "businesses" is through no business license or permission to sell in such locations. (Page 205 of 309) Conditions of Approval Pawnshops and gold buying (precious metal) businesses are permitted within the General Commercial (CG) zone with the approval of a Conditional Use Permit (CUP). These industries are proposed in the draft proposed General Plan to require CUPs in all zones. For example, in the CG (Highland, Plaza, 8th, etc) and CSC (Westfield Plaza Bonita) zones (where most of these businesses exist or would like to be located), these uses require a CUP — use group 19, which allows these uses, requires a CUP to locate there. However, the CH and CM zones allow these uses by right, as do industrial zones. The current version of the draft Land Use Code requires a CUP for any pawn shop wherever located. Conditions of Approval can be an appropriate method for strengthening the reporting of secondhand property sales, installation and maintenance of security cameras, retention of video tapes for at least 60 days, and photographing of sellers, and other such regulations. Additionally, at the recommendation of the Chief of Police, the Planning Commission may consider revocation of the CUP if the operator is found to be in violation of any State or local law. Previous approvals (gold buying operations at Westfield Plaza Bonita and Uncle Buck's Check Cashing at Plaza and Palm) have required the retention of purchased material for at least 60 days, in excess of the 30-day State requirement. The Police Department requested the extended retention period due to the time it took to process pawn/precious metal buying reporting information versus available staff. However it should be noted that anything in excess of state regulations is voluntary on the part of the applicant (e.g. 60 day holding period). Staff Recommendation The City of National City currently relies primarily on. State regulations to enforce and regulate pawnshops, secondhand, and gold and precious metals buying businesses, although the CUP process can provide further regulations of such businesses. The City Council may wish to direct staff to further research the City's ability to further regulate secondhand and gold buying businesses, where they are not preempted by State law. '3 (Page 206 of 309) Mayor Ron Morrison Council Members Alejandra Sotelo-Solis Louis Natividad Mona Rios Rosalie Zarale cAliti41,0a?' Office of the City Attorney ATPAQ1ME TT #2 City Attorney Claudia Gacitua Silva Legal Counsel George H. Eiser, III Senior Assistant City Attorney Jodi L. Doucette TO: Assistant City Manager DATE: April 27, 2011 FROM: Legal Counsel SUBJECT: City Regulation of Pawnbrokers and Secondhand and Precious Metals Dealers; Moratorium Ordinance AUTHORITY TO REGULATE Pawnbrokers and secondhand and precious metal dealers are regulated by state law with respect to holding, reporting, or identification requirements for transactions involving coins, monetized bullion, or commercial grade ingots of gold, silver, or other precious metals, and in the case of pawnbrokers and secondhand dealers, with respect to identification, holding or reporting requirements for the acquisition of tangible personal property in the ordinary course of business (California Business and Professions Code Section 21637). A city may enact an ordinance pertaining to or covering the reporting, holding, or releasing of tangible personal property not inconsistent with the state regulations of the type described above (Business and Professions Code Sections 21637 and 21638). Courts have held that these sections expressly recognize a city's authority to regulate pawnbrokers and other secondhand dealers in a manner not in conflict with state law without presenting an issue of express or implied preemption of the entire field of regulation. (San Diego Gas & Electric Co. v. City of Carlsbad (1998) 64 Ca1.App.4th 785, 75 Ca1.Rptr.2d 534; Malish v. City of San Diego (2000) 84 Ca1.App.4th 725, 101 Cal.Rptr.2nd 18.) One of the principal methods that a City may utilize to regulate pawnbrokers and secondhand and precious metal dealers is through land use controls. "When local government regulates in an area over which it traditionally has exercised control, such as the location of particular land uses, California courts will presume, absent a clear indication of preemptive intent from the Legislature, that such regulation is not preempted by state statute." (Big Creek Lumber Co. v. County of Santa Cruz (2006) 38 Ca1.4th 1139, 45 Cal. Rptr.3d 21; Tosi v. County of Fresno (2008) 161 Cal.App.4th 799, 74 Ca1.Rptr.3d 727.) Examples of land use controls that may be utilized include the placement of numerical limits on businesses of the same type, imposition of distance requirements between businesses of the same type, and enactment of CUP requirements. 1243 National City Boulevard; National City, Califomia 91950-4301 Tel.: (619) 336.4220 Fax: (619) 336.4327 (Page 207 of 309) April 27, 2011 Page Two INTERIM (MORATORIUM) ORDINANCES As part of its authority to regulate land uses, the City may impose a moratorium on a specified land use, prohibiting the establishment of any new land use of the type specified while the moratorium is in effect. Section 68585 of the California Government Code authorizes a city, in order to protect the public health, safety, and welfare, and without following the procedures otherwise required prior to the adoption of a zoning ordinance, to adopt as an urgency measure to take effect immediately an interim ordinance (commonly known as a moratorium ordinance) prohibiting any uses which may be in conflict with a contemplated general plan, specific plan, or zoning proposal which the city intends to study within a reasonable time. The initial period that the interim ordinance remains in effect is 45 days. After a public hearing, the interim ordinance may be extended for additional periods of 10 months and 15 days, and subsequently, for one year. A four -fifths vote of the City Council is required to pass the ordinance in each case. Before adopting or extending any interim ordinance, the City Council must make findings that there is a current and immediate threat to the public health, safety, or welfare, and that the approval of use pennits, variances, building permits, or other entitlements for use which is required in order to comply with a zoning ordinance would result in that threat to the public health, safety, or welfare. Over the years, the City Council has enacted several moratorium ordinances, including a moratorium on payday lenders, a business, like pawnshops and other secondhand dealers, that is already regulated by state law. In my opinion, pawnbrokers and secondhand and other precious metal dealers, could likewise be the subject of a moratorium ordinance. GHE/gmo cc: City Attorney / )./)�,;AT GEORGE H. EISER, III Legal Counsel ORDINANCE NO. 2011 — AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTED PURSUANT TO GOVERNMENT CODE SECTION 65858 AS AN URGENCY MEASURE TO TAKE EFFECT IMMEDIATELY, ENACTING A MORATORIUM PROHIBITING NEW PAWNBROKER, SECONDHAND, AND PRECIOUS METAL DEALING AND ESTABLISHMENTS IN NATIONAL CITY WHEREAS, the City of National City desires to promote and encourage an atmosphere of healthy and diversified businesses in harmony with the public related to the land uses within the City; and WHEREAS, the City has recently adopted a new General Plan, a component of which allows for land usage that includes pawnbrokers, secondhand and precious metal dealers and establishments within the City; and WHEREAS, since the original pawnshop establishments were approved in the 1980's, the City has seen a 200% increase in such establishments. Various existing businesses have also expanded to include the provision for such secondhand dealings in recent years. Moreover, due to the increasing value of gold, the market has encountered a proliferation of such gold buying establishments. Recently, unlicensed and unpermitted gold and other secondhand dealer establishments and vendors have erupted in record numbers; and WHEREAS, the National City Police Department has been concerned with the increase in crime related to the existence of such establishments, which includes the sale and purchase of stolen goods, and the added burden of being tasked with tracking the reporting requirements for such establishments pursuant to the regulations of the California Department of Justice, particularly in light of the decrease in law enforcement resources in the current economy; and WHEREAS, there is concern by the City Council that such establishments may have become an excessive burden and may be overly saturated in the City at this time; and WHEREAS, the City Council finds it necessary and appropriate to study and consider the current environment and the effects of existing and new pawnbrokers, secondhand and precious metal establishments, for example, to gather information as to the effect and status of such establishments upon other communities; and WHEREAS, existing land use controls may not adequately address the potential adverse effects of newly proposed pawnbrokers, secondhand and precious metal establishments in the community; and WHEREAS, the City Council finds that there would be a current and immediate threat to the public health, safety and welfare were the City to permit new establishments, and that the issuance of building permits, certificates of occupancy, and other entitlements for use by such establishments would result in a threat to the public health, safety and welfare; and WHEREAS, the City Council finds it essential to protect the health, safety and welfare of the citizens of the City of National City to enact a moratorium for a period of 45 days on the locating of, development, or approval of new pawnshops, secondhand dealers, and gold buying establishments; and WHEREAS, the City Council intends to adopt, after appropriate study, zoning measures that would apply throughout the City prohibiting or regulating new establishments as soon as practicable, and directs the Planning Commission of this City to commence studies and procedures necessary for the adoption of such prohibitions or further regulations. NOW, THEREFORE, the City Council of the City of National City does ordain as follows: Section 1. For a period of 45 days from the effective date of this Ordinance, no new building permit, certificate of occupancy nor entitlement for use shall be issued for and no new construction shall take place relating to pawnbrokers, secondhand and precious metal establishments, and no new building permit, certificate of occupancy, nor entitlement for use shall be issued for and no new construction shall take place relating to the location, development, or approval of any new establishment. Section 2. The City Council hereby directs the Planning Commission to commence studies and procedures necessary for the adoption of measures prohibiting or regulating pawnbrokers, secondhand and precious metal establishments. Section 3. This Ordinance is adopted as an urgency ordinance necessary for the immediate preservation of the public health, safety and welfare within the meaning of the Government Code, and shall take effect immediately. Section 4. If any portion of this Ordinance is found to be invalid, it is the intention of the City Council that the remaining valid provisions of the Ordinance be severed from the invalid provisions and remain in full force and effect. PASSED and ADOPTED this 19th day of July, 2011. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney Ron Morrison, Mayor 2 Ordinance No. 2011 — Pawnbroker Moratorium Ordinance CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 2, 2011 AGENDA ITEM NO.15 M TITLE: An Ordinance of the City Council of the City of National City authorizing the City of National City to participate in the "Alternative Voluntary Redevelopment Program", subject to certain conditions and reservations PREPARED BY: PHONE: EXPLANATION: Claudia G. Silva Ext. 4222 DEPARTMENT: APPROVED BY: Attorney The attached ordinance was introduced on July 19, 2011. The prior staff report provi background information is attached for your reference. ing the FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: X Finance MIS STAFF RECOMMENDATION: Adopt ordinance. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: posed ordinance Staff Report on ABx1 26 and ABx1 27 Seeking Council Direction on Whether to Participate in the "Alternative Voluntary Redevelopment Program" And Proposed Ordinance for Introduction Authorizing City Participation in "Alternative Voluntary Redevelopment Program" Introduction This agenda item asks the Council to provide direction and take action, if appropriate, regarding whether to continue as a redevelopment agency (the Community Development Commission of the City of National City) or allow the agency to dissolve. This issue arises because of the State's two budget trailer bills that were adopted as part of the State budget for this fiscal year. Recommendation Staff recommends the City Council take the following action: 1. Approve the continuation of the redevelopment agency, which includes agreement to pay the State approximately $4.8 million this year and approximately $ 1.1 million annually thereafter, because the benefits provided to the community from the redevelopment agency could not continue in the absence of a redevelopment agency and staff has identified potential funding streams to make the annual payments; and, 2. Introduce the Ordinance Authorizing City Participation in the "Alternative Voluntary Redevelopment Program" established by ABx1 27. Background As part of the Legislature's enactment of the State's FY 2012 budget, two bills (ABx1 26 and ABx1 27) were passed which significantly affect redevelopment agencies. ABx1 26 dissolves redevelopment agencies and ABx1 27 allows redevelopment agencies to continue in existence upon a city's promise to pay the State money. ABx1 26 immediately limits agencies' ability to operate and completely dissolves all redevelopment agencies effective October 1, 2011. ABx1 27 allows redevelopment agencies to avoid dissolution by having sponsoring jurisdictions (i.e., the City of National City) pass an ordinance opting into an alternative voluntary redevelopment program which requires substantial annual contributions to the state for local schools and special districts. The current rough estimate for the City of National City for these annual contributions is estimated at $4.8 million the first year and roughly $1.1 million thereafter. The State anticipates that if all California redevelopment agencies opted to join the alternative voluntary redevelopment program it would contribute $1.7 billion towards meeting the State's fiscal year 2012 deficit. Currently, ABx 1 26, which is the dissolution statute, is in effect. Thus, the agency is very limited in what actions it may take. 1 Staff Report: Alternative Voluntary Redevelopment Program As you may recall from the staff presentation on July 5, 2011, as of June 29, 2011, ABx1 26 prohibits the Community Development Commission of the City of National City (Agency) from taking any of the following actions: - Incurring indebtedness - Making loans or grants Entering into contracts - Amending existing agreements, obligations, or commitments Renewing or extending leases or other agreements Transferring funds out of the Low and Moderate Income Housing Fund Disposing of or transferring assets - Approving any program, project, or expenditure Should the City decide to not participate in the alternative voluntary redevelopment program (discussed further below), then these prohibitions would remain in place until the agency expires on October 1, 2011. Thereafter, as of October 1, 2011, a successor agency would be established. The City would become the successor agency, unless it decides otherwise. The successor agency would be overseen by an oversight board. The oversight board would be overseen by the State Department of Finance. The primary purpose of the successor agency would be to continue paying agency financial obligations (enforceable obligations) and dispose of its assets. Moreover, the oversight board has the discretion to direct the successor agency to accelerate the disposal of assets and terminate agreements early. The monies realized as a result of these actions would be transferred to the County for disbursement to the taxing entities. As an alternative to dissolution, the State adopted ABx1 27. ABx1 27 allows agencies to opt into continued existence and cease the application of ABx1 26 (dissolution). ABx1 27, as described earlier, is a "pay to play" type statute. ABx1 27 is self -described as the "alternative voluntary redevelopment program." A city decides whether it wants to participate in the voluntary program. If the City of National City decides it wants to participate in the alternative voluntary redevelopment program, then the City would need to adopt an ordinance exercising such option. A proposed ordinance for introduction is part of this agenda item, should the Council decide to move forward with continuing the redevelopment agency. It should be noted that the ordinance contains a reservation of rights, given the likely legal challenges to the legislation. While an agency is a separate legal entity, it is the City that would adopt the ordinance agreeing to make the annual payments. Thereafter, the City and the agency would enter into an agreement to transfer a portion of agency tax increment to the City, in an amount not to exceed the annual remittance amount. If the City decides to participate in the alternative voluntary redevelopment program, then staff would return with such an agreement for Council and agency approval. By August 1, 2011, the State Department of Finance must publish the FY 2012 amounts which must be paid by each redevelopment agency that chooses to participate in the alternative voluntary redevelopment program. The deadline to appeal is August 15, 2011. The legislation 2 Staff Report: Alternative Voluntary Redevelopment Program provides that an appeal can be made only if there is an error in the payment calculations or if the agency's tax increment revenue has declined ten percent or more as a percentage of its tax allocation debt service and interest payments. As tax allocation debt has increased this year, if the City decides to participate in the voluntary alternative redevelopment program, staff would seek City Council and/or CDC authorization to move forward with an appeal. Whether this appeal will successfully lower the assessed payment is unknown at this time. Discussion ABx1 26 does not allow redevelopment agencies to continue to function, except for under certain narrow parameters, until October 1, 2011. The agency would cease to exist as of October 1, 2011. ABx1 27 is the only current method to continue operations. Thus, the City must decide whether to allow the agency to dissolve, as provided in ABx1 26, or to allow the agency to continue existence in compliance with the payments due under ABx1 27. The following provides an overview of the effects of each decision. Dissolution Should the agency not continue under ABx1 27, then pursuant to ABx1 26, the following would occur as of October 1, 2011: - All fund balances, including the recently issues bond proceeds, would be turned over to a successor agency, minimally approximated at $40 Million as of June 30, 2011. In addition, fund balances for multiyear capital projects would be at risk of transfer. - Any capital projects not funded through the recently issued 2011 Tax Allocation Bond or under an existing contractual obligation would not move forward. Those projects include: o Gateway Retail Center (Sudberry-Lowe's) o Senior Village Expansion and Enhancement o Marina Gateway Improvements o Purple Cow Housing Project o WI-TOD Phase 2 o Casa de Salud Improvements o Playhouse on Plaza o Plaza Boulevard Widening o Highland Avenue Safety Improvements o Street and Community Corridor Improvements o Park and Facility Improvements - All affordable housing tax increment ($ 2 Million annually) would no longer be received, 3 Staff Report: Alternative Voluntary Redevelopment Program except to pay off existing debt. All agency properties would be turned over to the successor agency for probable sale. The agency owned properties have an estimated value of $10 million. Proceeds from any property sale, not already part of an enforceable agreement, would be transmitted to the County for distribution to the taxing entities. - No new economic development, infrastructure or other projects could be initiated. - The City would see an increase in property taxes to the general fund of approximately $1 million however the tax increment fund currently funds $3.4 million ($1.75 personnel, $1.65 maintenance and operations) in operating expenses in support of redevelopment activities that would have to be absorbed by another fund or eliminated. Participation in the Voluntary Alternative Redevelopment Program While the altemative voluntary redevelopment program payments may severely impact the agency's ability to operate, the existing bond proceeds and any new property tax revenues will remain under the control of the Community Development Commission, as opposed to the control of an oversight board. In addition, the agency's affordable housing funds would remain intact and available to fund local affordable housing activities. Adopting an ordinance opting into the ABx1 27 legislation allows the agency to continue its redevelopment functions. Staff has identified the following possible funding sources to pay the annual amounts. The estimated $4.8 million continuation payment in FY 11-12 is an obligation of the City but could be backfilled by several redevelopment funding sources. Low/Mod Housing Funds can be used only for the FY11-12 payment and can contribute approximately $2 million. Shifting budgeted capital funding from tax increment to bond proceeds can contribute an additional $800,000. Using capitalized interest from the bond proceeds to make debt service payments on the bonds, frees up tax increment funds that can contribute approximately $1.3 million. Existing fund balances and operating transfers will make up the remaining FY 11-12 continuation payment if needed. The ongoing payment in subsequent years estimated at $1.1 million can be backfilled from tax increment revenues made available from capitalized interest debt service payments and operating savings. As stated earlier, we do not yet know whether the estimated amount due would be reduced after an appeal. However, the State Director of Finance is directed to issue a final determination after an appeal of the actual required payment amount in mid -September. Once the final number is known, staff can return with a complete report on the scheduled payments and the impacts on future agency finances and programming along with a budget adjustment for the initial payment. Options for Council Consideration and Direction 1. Allow redevelopment to cease as provided in ABx1 26. 2. Decide to participate in ABx1 27's alternative voluntary redevelopment program. 3. If the decision is to participate in the alternative program, then staff suggests introduction of the ordinance accompanying this item. 4 Staff Report: Altemative Voluntary Redevelopment Program ORDINANCE NO. 2011 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY OF NATIONAL CITY TO PARTICIPATE IN THE ALTERNATIVE VOLUNTARY REDEVELOPMENT PROGRAM, PURSUANT TO PART 1.9 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE, SUBJECT TO CERTAIN CONDITIONS AND RESERVATIONS WHEREAS, the City Council of the City of National City ("City") approved and adopted the Redevelopment Plan for the National City Redevelopment Project ("Redevelopment Plan") covering certain properties within National City (the "Project Area"); and WHEREAS, the Community Development Commission of the City of National City ("Agency") is engaged in activities to execute and implement the Redevelopment Plan pursuant to the provisions of the California Community Redevelopment Law (Health and Safety Code Section 33000, et seq.) ("CRL"); and WHEREAS, since adoption of the Redevelopment Plan, the Agency has undertaken redevelopment projects in the Project Area to eliminate blight, to improve public facilities and infrastructure, to renovate and construct affordable housing, and to enter into partnerships with private industries to create jobs and expand the local economy; and WHEREAS, over the next few years, the Agency hopes to implement a variety of redevelopment projects and programs to continue to eliminate and prevent blight, stimulate and expand the Project Area's economic growth, create and develop local job opportunities, and alleviate deficiencies in public infrastructure, to name a few; and WHEREAS, as part of the 2011-2012 State budget bill, the California Legislature has recently enacted, and the Governor has signed, companion bills AB1x 26 and AB1x 27, requiring that each redevelopment agency be dissolved unless the community that created it enacts an ordinance committing it to making certain payments; and WHEREAS, AB1x 26 prohibits agencies from taking numerous actions, effective immediately and purportedly retroactively, and additionally provides that agencies are deemed to be dissolved as of October 1, 2011; and WHEREAS, AB1 x 27, which will be codified as Part 1.9 of the California Health and Safety Code ("Part 1.9"), provides that a community may participate in an "Alternative Voluntary Redevelopment Program," in order to enable a redevelopment agency within that community to remain in existence and carry out the provisions of the CRL, by enacting an ordinance agreeing to remit specified annual amounts to the County auditor -controller in compliance with Part 1.9 of Division 24 of the Health and Safety Code ("Part 1.9); and WHEREAS, ABx1 27 requires the City to notify the County Auditor -Controller ("County"), the State Controller, and the State Department of Finance on or before November 1, 2011, that the City will comply with Part 1.9; and WHEREAS, ABx1 27 authorizes the City to enter into an Agreement with the Agency, whereby the Agency shall transfer a portion of its tax increment to the City for the purpose of financing certain activities within the City's redevelopment areas, as specified in Part 1.9; and WHEREAS, ABx1 27 imposes specified sanctions on the City in the event that the City fails to make the required remittances, as determined by the Director of Finance; and WHEREAS, under the threat of dissolution pursuant to ABx1 26, and upon the contingencies and reservations set forth herein, the City shall make the Fiscal Year 2011-2012 community remittance, currently estimated to be Four Million Eight Hundred Thousand Dollars ($4,800,000), based on 2008-2009 data and subject to change, as well as the subsequent annual community remittances as set forth in Part 1.9; and WHEREAS, the City reserves the right to appeal the California Director of Finance's determination of the Fiscal Year 2011-12 community remittance, as provided in Health and Safety Code Section 34194; and WHEREAS, the City understands and believes that an action challenging the constitutionality of ABx1 26 and ABx1 27 will be filed on behalf of cities, counties and redevelopment agencies; and WHEREAS, the City reserves the right, regardless of any community remittance made pursuant to this Ordinance, to challenge the legality of ABx1 26 and ABx1 27; and WHEREAS, the City Council does not intend, by enactment of this Ordinance, to waive any constitutional and/or legal rights by virtue of the enactment of this Ordinance, and therefore, reserves all of its rights under Laws to challenge the validity of any or all provisions of ABx1 26 and ABx1 27 in any administrative or judicial proceeding and/or repeal of this Ordinance, without prejudice to the City's right to recover any amounts remitted under Part 1.9; and WHEREAS, while the City currently intends to make these community remittances, they shall be made under protest and without prejudice to the City's right to recover such amounts and interest thereon, to the extent there is a final determination that ABx1 26 and ABx1 27 are unconstitutional; and WHEREAS, the City Council does not intend, by enactment of this Ordinance, to pledge any of its general fund revenues or other assets, to make the remittance payments contemplated by Part 1.9, it being understood by the City Council that any remittance payments will be funded solely from Agency funds and/or assets transferred to the City in accordance with Part 1.9; and WHEREAS, to the extent a court of competent jurisdiction enjoins, restrains or grants a stay on the effectiveness of the Alternative Voluntary Redevelopment Program's payment obligation of ABx1 26 and ABx1 27, the City shall not be obligated to make any community remittance for the duration of such injunction, restraint or stay; and WHEREAS, the City Council does not intend, by enactment of this Ordinance to waive any rights of appeal regarding the amount of any remittance established by the Department of Finance, as provided in Part 1.9; and WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DOES ORDAIN AS FOLLOWS: August 2, 2011 2 Ordinance No. 2011- Alternative Voluntary Redevelopment Program Section 1. Recitals. The Recitals set forth above are true and correct and incorporated herein by reference. Section 2. Participation in the Alternative Voluntary Redevelopment Program. In accordance with Health and Safety Code Section 34193, and based on the Recitals set forth above, the City Council hereby determines that the City shall comply with the provisions of Part 1.9 of Division 24 of the Health and Safety Code, as enacted by AB1x 27. Section 3. Authorization to Continue Agency. Subject to Sections 5 and 6, herein, the City hereby commits to comply with and make the remittances required by Part 1.9, and authorizes the continuation of the Agency in accordance with the provisions of ABx1 27. Section 4. Implementation. The City Council hereby authorizes and directs the City Manager to take any action and execute any documents necessary to implement this Ordinance, including but not limited to notifying the San Diego County Auditor -Controller, the Controller of the State of California, and the California Department of Finance of the adoption of this Ordinance and the City's agreement to comply with the provisions of Part 1.9 of Division 24 of the Health and Safety Code, as set forth in AB1x 27. Section 5. Reservation of Rights. Neither the adoption of this Ordinance, nor the acknowledgment of or references to any provisions of ABx1 26 and ABx1 27, nor the City's payment of any remittances contemplated by ABx1 27, shall be deemed to be, nor are they intended as, an acknowledgment of the validity of ABx1 26 and ABx1 27, and the City reserves all rights in its sole discretion to challenge the validity of any or all provisions of ABx1 26 and ABx1 27 in any administrative or judicial proceeding and/or repeal of this Ordinance, without prejudice to the City's right to recover any amounts remitted under Part 1.9. Section 6. Effect of Stay or Determination of Invalidity. The City shall not make any community remittance in the event a court of competent jurisdiction either grants a stay on the enforcement of AB1x 26 and AB1x 27, or determines that AB1x 26 and AB1x 27 are unconstitutional and therefore invalid, and all appeals therefrom are exhausted or unsuccessful, or time for filing an appeal therefrom has lapsed. Any community remittance shall be made under protest and without prejudice to the City's right to recover such amount and interest thereon in the event that there is a final determination that AB1x 26 and AB1x 27 are unconstitutional. If there is a final determination that AB1x 26 and A AB1x 27 are invalid, this Ordinance shall be deemed to be null and void and of no further force or effect. Section 7. Additional Understandings and Intent. It is the understanding and intent of the City Council that, once the Agency is again authorized to enter into agreements under the CRL, the City will enter into an agreement with the Agency as authorized pursuant to Section 34194.2, whereby the Agency will transfer annual portions of its tax increment to the City in amounts not to exceed the annual community remittance payments to enable the City, directly or indirectly, to make the annual remittance payments. The City Council does not intend, by enactment of this Ordinance, to pledge any of its general fund revenues or assets to make the remittance payments. Section 8. CEQA. The City Council finds, under Title 14 of the California Code of Regulations, Section 15378(b)(4), that this Ordinance is exempt from the requirements of the California Environmental Quality Act ("CEQA") in that it is not a "project", but instead consists of the creation and continuation of a governmental funding mechanism for potential future projects and programs, and does not commit funds to any specific project or program. The City Council, August 2, 2011 3 Alternative Voluntary Redevelopment Program Ordinance No. 2011 — therefore, directs that a Notice of Exemption be filed with the County Clerk of the County of San Diego in accordance with CEQA Guidelines. Section 9. Custodian of Records. The documents and materials that constitute the record of proceedings on which these findings are based are located in the City Clerk's office located at 1243 National City Boulevard, National City, CA 91950. Section 10. Enactment. This Ordinance shall only be deemed as "enacted" within the meaning of Part 1.9 upon (i) adoption of this Ordinance, and (ii) the legally effective date of ABx1 26 and ABx1 27. Section 11. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are severable. The City Council hereby declares that it would have adopted this Ordinance irrespective of the invalidity of any particular portion thereof. Section 12. Certification; Publication. The City Clerk shall certify to the adoption of this Ordinance and cause it, or a summary of it, to be published once within fifteen (15) days of adoption in a newspaper of general circulation printed and published within the City of National City, and shall post a certified copy of this Ordinance, including the vote for and against the same, in the Office of the City Clerk in accordance with Government Code Section 36933. Section 14. Effective Date. This Ordinance shall become effective thirty (30) days from its adoption. PASSED and ADOPTED this 2nd day of August, 2011. ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney Ron Morrison, Mayor August 2, 2011 4 Alternative Voluntary Redevelopment Program Ordinance No. 2011 — CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 2, 2011 AGENDA ITEM NO. 16 M TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute a Remittance Agreement between the City of National City and the Community Development Commission of the City of National City, pursuant to California Health and Safety Code section 34194.2, which remittance is currently estimated at $4.8 Million for Fiscal Year 2011-2012 PREPARED BY: Claudia G. Silva DEPARTMENT: pOy,Attorney PHONE: Ext. 4222 EXPLANATION: APPROVED BY: ABx1 27 provides that an agency may continue to operate as a redevelopment agency if the hosting city agrees to make annual remittances to the state. ABx1 27 allows the city and agency to enter into a remittance agreement whereby the agency agrees to transfer a portion of its tax increment to the city, in an amount not to exceed the annual remittance required that year. Attached is the remittance agreement between the City and the CDC, consistent with what ABx1 27 allows. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: MIS N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance STAFF RECOMMENDATION: Adopt resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: nittance Agreement rcesolution RESOLUTION NO. 2011 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A REMITTANCE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE SECTION 3414.2, WHICH REMITTANCE IS CURRENTLY ESTIMATED AT $4.8 MILLION FOR FISCAL YEAR 2011-2012 WHEREAS, Assembly Bill No. X1 27 ("ABx1 27") was passed by the State legislature on June 15, 2011, and signed by Governor Brown on June 28, 2011; and WHEREAS, upon enactment, ABx1 27 is to be codified as Part 1.9 of the California Health and Safety Code, commencing with Section 34192 ("Part 1.9"); and WHEREAS, ABx1 27 establishes a voluntary alternative redevelopment program whereby the City may choose to continue redevelopment pursuant to Part 1.9, upon the enactment of an ordinance by the City to comply with the provisions of Part 1.9, and make certain remittance described in Health and Safety Code Section 34194 to the County Auditor - Controller; and WHEREAS, the City Council is adopting an ordinance to comply with Part 1.9 (the "Ordinance") committing to comply with and make the remittances required by Part 1.9, and authorizing the continuation of the Community Development Commission of the City of National City ("CDC") after the enactment of ABx1 27; and WHEREAS, pursuant to Section 34194.1, in making remittances to the County Auditor -Controller pursuant to Section 34194 or 34194.5, the City may use any available funds not otherwise obligated for other uses; and WHEREAS, pursuant to Section 34194.2, the City may enter into a remittance agreement with the CDC, whereby the CDC will transfer a portion of its tax increment to the City, in an amount not to exceed the annual remittance required that year pursuant to Chapter 3 of Part 1.9, for the purpose of financing activities within the redevelopment area that are related to accomplishing the redevelopment agency project goals; and WHEREAS, the purpose of the Remittance Agreement is to provide for the transfer of funds by the CDC to the City in an amount sufficient for the City to make the remittances required by Part 1.9., with net available tax increment in this current fiscal year and forthcoming fiscal years; and WHEREAS, the term "Net Available Tax Increment" is defined as any tax increment funds allocated to the CDC, net of existing debt service payments and existing third - party contractual obligations, not including any funds on deposit in the CDC's Low and Moderate Income Housing Fund; and WHEREAS, the obligations of the CDC under this Remittance Agreement shall constitute an indebtedness of the CDC for the purpose of carrying out the redevelopment plan for each of the CDC's redevelopment project areas. Resolution No. 2011 — Page Two NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute a Remittance Agreement between the City of National City and the Community Development Commission of the City of National City pursuant to California Health and Safety Code section 34194.2. PASSED and ADOPTED this 2nd day of August, 2011. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia G. Silva City Attorney REMITTANCE AGREEMENT PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE SECTION 34194.2 BY AND BETWEEN THE CITY OF NATIONAL CITY AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY THIS REMITTANCE AGREEMENT (this "Agreement") is entered into this 2nd day of August, 2011, by and between the City of National City, a municipal corporation (the "City") and the Community Development Commission of the City of National City (the "CDC"), a public body, corporate and politic, with reference to the following facts: A. Assembly Bill No. xl 27 ("ABx1 27") was passed by the state legislature on June 15, 2011, and signed by the Governor on June 28, 2011. B. ABx1 27 is to be codified as Part 1.9 of the California Health and Safety Code, commencing with Section 34192 ("Part 1.9"). C. ABx1 27 establishes a voluntary alternative redevelopment program whereby the City may choose to continue redevelopment pursuant to Part 1.9, upon the enactment of an ordinance by the City to comply with the provisions of Part 1.9, and make certain remittances described in Heath and Safety Code section 34194 to the county auditor -controller. D. The City Council of the City of National City (the "City Council") has adopted or, concurrently with this Agreement, is adopting, an ordinance to comply with Part 1.9 (the "Ordinance"). E. Pursuant to the Ordinance, the City Council has committed to comply with and make the remittance required by Part 1.9, and has authorized the continuation of the CDC in accordance with the provisions of ABx1 27. F. Pursuant to section 34194.1, in making remittances to the county auditor- controller pursuant to section 34194 or 34194.5, the City may use any available funds not otherwise obligated for other uses. G. Pursuant to section 34194.2, the City may enter into an agreement with the CDC, whereby the CDC will transfer a portion of its tax increment to the City, in an amount not to exceed the annual remittance required that year pursuant to Chapter 3 of Part 1.9, for the purpose of financing activities within the redevelopment area that are related to accomplishing the CDC project goals. H. The purpose of this Agreement is to provide for the transfer of funds by the CDC to the City in an amount sufficient for the City to make the remittances required by Part 1.9, with net available tax increment in this current fiscal year and forthcoming fiscal years. L The term "Net Available Tax Increment" is defined as any tax increment funds allocated to the CDC, net of existing debt service payments and existing third -party contractual obligations, not including any funds on deposit in the CDC's Low and Moderate Income Housing Fund. J. The obligations of the CDC under this Agreement shall constitute an indebtedness of the CDC for the purpose of carrying out the redevelopment plan for each of the CDC's redevelopment project areas. NOW, THEREFORE, the parties hereto do mutually agree as follows: I. INTRODUCTORY PROVISIONS The recitals above are an integral part of this Agreement and set forth the intentions of the parties and the premises on which the parties have decided to enter into this Agreement. II. OBLIGATIONS OF THE PARTIES 1. The CDC shall transfer to the City in a timely manner Net Tax Increment or other funds in an amount sufficient for the City to make the remittance payments required by Part 1.9. the amounts to be transferred to the City shall be sufficient for the City to pay the remittance amount determined by the State Director of Finance pursuant to Part 1.9, subject to the City's right to appeal the amount of remittance to the director pursuant to Part 1.9. 2. Subject to receipt of sufficient Net Tax Increment or other funds from the CDC, the City shall timely remit to the county auditor -controller the payments required by Part 1.9, as provided in the Ordinance. The City's obligation to make such remittances shall be a special limited obligation of the City payable solely from Net Available Tax Increment or any other funds made available to the City by the CDC, including but not limited to amounts previously or subsequently pledged to the City for payment of redevelopment expenses that remain unencumbered. Nothing contained in this Agreement shall be deemed to be a pledge of the City's general fund revenues or other assets to make the remittance payments contemplated by Part 1.9, it being understood that any remittance payments shall be funded solely from CDC funds and/or assets. 3. The obligations of the CDC under this Agreement shall be payable out of Net Available Tax Increment, as defined in the above recitals and/or as defined or provided August 2, 2011 2 Remittance Agreement between City of National City and CDC for in any applicable constitutional provision, statute or other provision of law now existing or adopted in the future, levied by or for the benefit of taxing agencies in the CDC's redevelopment project area(s), and allocated to the CDC and/or any lawful successor entity of the CDC and/or any entity established by law to carry out the redevelopment plan for the redevelopment project area(s) and/or expend tax increment or pay indebtedness of the CDC to be repaid with tax increment, pursuant to Health and Safety Code section 33670 or any applicable constitutional provision, statute, or other provision of law now existing or adopted in the future. In the event that additional funds are required in order to make the CDC payments to the City required by this Agreement, the CDC shall make such payments from income received by the CDC from its projects and programs or any other additional funds available to it. III. LIABILITY AND INDEMNIFICATION In contemplation of the provisions of California Government Code section 895.2 imposing certain tort liability jointly upon public entities solely by reason of such entities being parties to an agreement as defined by Government Code section 895, the parties hereto, as between themselves, pursuant to the authorization contained in Government Code sections 895.4 and 895.6, shall each assume the full liability imposed upon it, or any of its officers, agents and employees, by law for injury caused by negligent or wrongful acts or omissions occurring in the performance of this Agreement to the same extent that such liability would be imposed in the absence of Government Code section 895.2. To achieve the above -stated purpose, each party indemnifies, defends and holds harmless the other party for any liability, losses, costs or expenses that may be incurred by such other party solely by reason of Government Code section 895.2. IV. ENTIRE AGREEMENT, WAIVERS, AND AMENDMENTS 1. This Agreement shall be executed in duplicate originals, each of which is deemed an original. This Agreement consists of four (4) pages which constitute the entire understanding and agreement of the parties. 2. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties with respect to the subject matter of this Agreement. 3. This Agreement is intended solely for the benefit of the City and the CDC. Notwithstanding any reference in this Agreement to persons or entities other than the City and the CDC, there shall be no third party beneficiaries under this Agreement. 4. Any waiver or amendment of the provisions of this Agreement must be in writing and signed by the authorized representative of the parties. August 2, 2011 3 Remittance Agreement between City of National City and CDC V SEVERABILITY If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall continue in full force and effect unless the rights and obligations of the parties have been materially altered or abridged by such invalidation, voiding or unenforceability. VI. BINDING ON SUCCESSORS This Agreement shall be binding on and shall inure to the benefit of all successors and assigns of the parties, whether by agreement or operation of law. This Agreement shall survive any full or partial merger of the City and the CDC, and shall remain in effect and be fully enforceable according to its terms. IN WITNESS WHEREOF, the parties have executed this Remittance Agreement as of the date first set forth above. CITY OF NATIONAL CITY COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY By: By: Ron Morrison, Mayor Ron Morrison, Chairman ATTEST: ATTEST: By: By: Michael R. Dalla, City Clerk Brad Raulston, Secretary APPROVED AS TO FORM: APPROVED AS TO FORM: By: By: Claudia G. Silva Susan Y. Cola, Esq. City Attorney CDC Special Counsel Kane Balimer & Berkman August 2, 2011 4 Remittance Agreement between City of National City and CDC CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 2, 2011 AGENDA ITEM NO. 17 EM TITLE: Notice of Decision — Planning Commission approval of a Conditional Use Permit for The Journey Thrift Shop operated by the Bilateral Safety Corridor Coalition at 241 National City Blvd.. (Applicant: Marisa Ugarte) (Case File 2011-20 CUP) PREPARED BY: Martin Reeder DEPARTMENT: DeveloPlanning. PHONE: 336-4313 APPROVED BY - EXPLANATION: The project site is a 15,681 square -foot lot developed with a 15,025 square -foot commercial building. The building has three suites, including the 4,300 square -foot subject suite, and is located in the Medium Commercial (CM) zone. The applicant proposes to operate a non-profit thrift store (The Journey Thrift Store) from 10 a.m. to 5 p.m. seven days a week in the front 2,800 square feet of the 4,300 square -foot ground level. The thrift store would function as a fund-raising operation of the Bilateral Safety Corridor Coalition (BSCC), whose offices are also proposed at this location. The BSCC's purpose is to bilaterally prevent and intervene in the commercial and sexual exploitation of men, women and children while advocating for all exploited persons. The Planning Commission conducted a public hearing on July 18, 2011. Commissioners asked questions regarding conditions of approval, proposed operations and department comments. The Commission voted to approve the CUP based on required findings and subject to Conditions of Approval FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: Not subject to CEQA ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION: The Planning Commission approved the Conditional Use Permit. Ayes: Flores, Reynolds, Pruitt, Baca, Alvarado, Farias, DeLaPaz ATTACHMENTS: Location Map �. Planning Commission Staff Report 3. Resolution No. 19-2011 4. Reduced Plans W O 128 140 214 225 233 CG-PD 310 330 340 0) 0 0) n 129 135 N W E 2nd St E 3rd St 317 CM 333 E 4th St N 0 0 N 0 A 215 235 229 214 226 236 240 RS-3-PD O 01 Subject Parcel — — — Zone Boundary I I 1 IFeet 0 75 150 300 APN: 556-101-15 Planning Commission Location Map 2011-20 CUP 11 6__28.. 11 C, VITOIthrIA !Neo Q.i.ORArl) CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT Item no. 3 July 18, 2011 Title: PUBLIC HEARING — CONDITIONAL USE PERMIT FOR A THRIFT SHOP AT 241 NATIONAL CITY BLVD. Case File No.: 2011-20 CUP Location: Northeast corner of National City Blvd. and East 3rd Street. Assessor's Parcel No: 556-101-15 Staff report by: Martin Reeder — Assistant Planner Applicant: Maria B. Ugarte Property owner: Bfc-Fashionwalk LLC Combined General Plan/ Zoning designation: Medium Commercial (CM) Parcel size: 0.36 acres Adjacent land use/zoning: North: Residential use / CM East: Residential use / RS-3-PD South: Commercial use / CM West: Restaurant commercial across National City Blvd. / CG-PD Environmental review: Not a project per CEQA 2 BACKGROUND Site Characteristics The project site is a 15,681 square -foot lot developed with an approximately 15,025 square -foot commercial building. The property has no on -site parking spaces and is located in the Medium Commercial (CM) zone. The property is also located within Development Zone 2 of the Downtown Specific Plan Area. The applicant is looking to occupy one of three suites at the subject property. The project location has approximately 4,300 square feet on the ground floor, with a large mezzanine above. The other two suites are a furniture store and a vacant commercial space respectively. There is a loading area behind the property accessible from A Avenue, which has historically had approximately six parking spaces. The area is no longer striped for parking and is separated from the street by a barbed wire -topped chain link gate and fence. Furthermore, this area is not accessible from within the subject suite. There are 13 angled parking spaces located on the north side of East 3rd Street, adjacent to the property, and parallel parking available on National City Blvd. Proposed Use The applicant proposes to operate a non-profit thrift store (The Journey Thrift Store) from 10 a.m. to 5 p.m. seven days a week in the front 2,800 square feet of the 4,300 square -foot ground level. The thrift store would function as a fund-raising operation of the Bilateral Safety Corridor Coalition (BSCC), whose offices are also proposed at this • location. The BSCC's purpose is to bilaterally prevent and intervene in the commercial and sexual exploitation of men, women and children while advocating for all exploited persons. Analysis A non-profit thrift store is permitted in the CM zone with the issuance of a Conditional Use Permit (CUP). Specifically, the use is noted in Use Group 8 — Community, Cultural & Public Recreation Services — a conditionally -allowed use in the CM zone. As mentioned above, the property is located within Development Zone 2 of the Downtown Specific Plan Area. This zone allows for medium density multi -family residential use. Retail and other commercial uses are not permitted. However, given that the subject suite is part of a continually -occupied and existing building, commercial use may continue. The building was constructed in 1966. Subsequent building permits issued in the 1980's show six parking spaces on site (in the rear loading area). Current Code standards would require a minimum of 60 spaces for 15,025 square feet of commercial space. The suite is in the front of the building and only accessible from a door on National City Blvd. There is no direct access from the loading/parking area to the store; therefore, the 3 applicant will be relying on the 13 street spaces. However, the applicant has stated that most traffic to the store would be from neighborhood walk-up traffic. Comments were received from the Building Division and the Fire Department. The comments are included as Conditions of Approval and require permits for all work and compliance with applicable codes. Conditions have also been included to ensure that no items for sale or otherwise are stored or displayed outside the premises. Summary The proposed use of the property as a thrift store is consistent with the Land Use Code with the approval of a Conditional Use Permit. The potential impacts are minimal since the site is within an existing commercial area and parking is available adjacent to the suite. In addition, the use will provide funding for a community service. RECOMMENDATION Approve 2011-20 CUP subject to the conditions listed below, based on attached findings. ATTACHMENTS 1. Recommended Findings for Approval 2. Recommended Conditions of Approval 3. Location Map 4. Public Hearing Notice (Sent to 33 property owners) 5. Site Photos 6. Department and external agency comments 7. Exhibit A, Case File No. 2011-20 CUP, dated 6/15/2011 MARTIN REEDER Assistant Planner MARYAM BABAKI Development Services Director 4 RECOMMENDED FINDINGS FOR APPROVAL 2011-20 CUP, 241 National City Blvd. That the site for the proposed use is adequate in size and shape, since the proposed use will be within an existing building and since no expansion of the building is proposed. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume of traffic generated by the proposed use, since retail use was considered during the development of the site and the proposed use involves no expansion. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the use is contained wholly within an existing building and the use is consistent with a commercial/retail use which is permitted in the Medium Commercial zone. 4. That the proposed use is deemed essential and desirable to the public convenience, since it will help to fund a community service that offers help to underprivileged and neglected persons. 5 RECOMMENDED CONDITIONS OF APPROVAL 2011-20 CUP, 241 National City Blvd. General 1. This Conditional Use Permit authorizes a thrift store at 241 National City Blvd. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibit A, Case File No. 2011-20 CUP, dated 6/15/2011. 2. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Division, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Division that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Development Services Director prior to recordation. 3. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. Building 4. Building plans and permits for tenant improvement are required prior to occupancy for all non -permitted and proposed construction. 5. Plans submitted for construction shall comply with the 2010 editions of the California Building, Electrical, Mechanical, Plumbing, Energy, Fire, Residential and Green Codes. Fire 6. Plans submitted for construction shall comply with the 2010 edition of the California Fire Code and the 2010 edition of NFPA. 7. A street number shall be placed on the building. The number shall be 10-inches in height with a 1-inch stroke. The numbers shall be of a contrasting color to the building. Placement shall be defined by fire official prior to placement. 8. Exit signs shall be placed in proper exit ways as defined by both the California Fire Code and California Building Codes respectively. All exit signs shall be green in color and contain emergency lighting with a 90 minute power back up for emergency purposes. 9. A fire alarm and/or fire sprinklers may be required as a result of future construction on building. 6 10. Plans shall be submitted directly to the National City Fire Department through permit and payment. Planning 11.AII merchandise shall be stored within the building and shall not be stored or displayed outside of the business. 2011-20 CUP —241 National City Blvd. — Thrift Store — Site Photos Store front looking east from National City Blvd. Interior of proposed thrift store 8 Stairway leading to mezzanine (office) 9 h rceel City of National City Fire Department NAM; Phone (619) 336-4550 Planning Department Plan Review Date: Project: Reviews: June 28, 2011 241 National City Blvd R. Ilernandez/Fire Mars Listed plan corrections related to the National City Fire Department. If you have any questions please call (619) 336-4550. Please be advised: A fire Department permit will not be issued unless all corrections are completed and approved. 1) Project shall be operated and improved to code. 2) The National City Fire Department utilizes all current codes and ordinances. At time of submittal, the National City Fire Department is using the 2010 edition of the California Fire Code and the 2010 edition ofNFPA. 3) Street number shall 10" in height with a I" stroke. Numbers shall be of contrasting color to the building_ Placement of number shall he defined by fire official prior to placement. 4) Exit signs shall be placed in proper exit ways as defined by both the California Fire Code and California Building Codes respectfully. All exit signs shall be green in color and contain emergency lighting with a 90 minute power back up for emergency purposes. 5) Fire alarm and or fire sprinklers may be required as a result of future construction on building. 10 4) Plans shall be directly submitted to the National City Fire Department through permit and payment Note: Approval for final sign -off shall be contingent upon final field inspection and compliance with all applicable codes and ordinances 11 INCORPORATED CITY OF NATIONAL CITY - DEVELOPMENT SERVICES DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 June 27, 2011 To: Planning Division From: Building Division Subject: Case File No. 2011-20 CUP 241 National City Blvd. Two site visits to the above referenced location revealed non -permitted construction. In addition, the location does not have accessible compliant bathrooms. Building plans and permits for a tenant improvement are required prior to occupancy of this location. The Building Division will require that the applicant apply all current building codes to the tenant improvement. These codes consist of the 2010 California Building, Plumbing, Mechanical and Electrical Codes. The building code covers all California Accessibility requirements and upgrades_ If you have any questions please contact me at 619-336-4214, thank you. Luis Sainz Building Official 12 NATIONAL CITY POLICE DEPARTMENT May 25, 201 1 Department of Justice Office of Victims of Crime Victim Services To Whom It May Concern: The National City Police Department has successfully. been assisted by the Bilateral Safety Corridor Coalition in the recovery of several human trafficking victims. In this era of rapid transportation and information exchange facilitated by the Internet, international, commercial and sexual slavery have come to dominate the lives of tens of thousands of individuals worldwide -- mostly children and women. The Bilateral Safety Corridor Coalition provides a multi jurisdictional format for sharing and utilizing binational intelligence and strategies in the detection, intervention, training and victim assistance of these horrific crimes against humanity. The Bilateral Safety Corridor Coalition is currently applying for a victim services grant that helps to support their law enforcement by providing victim services. I am pleased to have the opportunity to express my support for the continued funding of this critical alliance. Sincerely, Detective Steve Villariasa Desk: (619) 336-4490 Email: sillariasa@nationalcityca.gov Investigations Division 1200 National City Boulevard National City, CA 91950 (619) 336-4460/Fax (619) 336-4479 www.nationaleitypd.org 13 THE CITY OF SAN DIEGO June 3, 2011 Department of Justice Office of Victims of Crime Victim Services To Whom It May Concern: IN REPLYING PI EASE GIVE OUR REF_ NO_ 19I 4000001 The San Diego Police Department, along with over 40 other agencies nationwide, is a member of the Bilateral Safety Corridor Coalition. In this era of rapid transportation and information exchange facilitated by the internet, international commercial and sexual slavery have come to dominate the lives of teas of thousands of individuals worldwide — mostly children and women. The Bilateral Safety Corridor Coalition provides a multi jurisdictional structure for sharing and utilizing bi-national intelligence and strategies in the detection and intervention of these horrific crimes against humanity. These grant funds will provide much needed training and victim assistance. The Bilateral Safety Corridor Coalition is currently applying for a Victims Services Grant that helps to support law enforcement activities by providing victim services. I am pleased to have the opportunity to express my support for the continued funding of this critical alliance. SAN DIEGO POLICE DEPARTMENT OFFICE OF THE CHIEF OF POLICE 1401 BROADWAY -SAN DIEGO, CALIFORNIA, 92101 PHONE: 619 531-27ff -rAk 619 531-2530 14 U.S. Department of Justice Federal Bureau of Investigation In Reply, Please Refer to File No. 9797 Aero Drive San Diego, California June 20, 2011 Bilateral Safety Corridor Coalition 241 National City Blvd National City, CA 91950 Attn: Marisa Ugarte I am writing to thank you for your personal efforts, as well as those of your organization in assisting the FBI in combating human trafficking. For the past'. several years, the BSCC has supported the Federal Bureau of; Investigation (FBI) by advising it's Special Agents and support staff in seeking the most effective methods when investigating Human Trafficking. The BSCC has also provided critical support to Human Trafficking victims in their time of need. As a Supervisory Special Agent of the San Diego Division of the FBI, I currently serve as the Division's Civil Rights Coordinator. One of the civil rights disciplines that the FBI investigates is Human Trafficking. These complex cases include victims which usually require testimony in a court proceeding. In view of this significant investigatory element, it is essential that law enforcement works in a complementary manner with Human Trafficking victims. As it relates to these victims, the knowledge and practical application that the RSCC has furnished in working with the FBI has proved to be invaluable. By associating with the BSCC, the FBI personnel have met leaders from community based organizations as well as numerous law enforcement personnel. As a result, strong working relationships have been established which have permitted the reception of referrals and subsequent initiation of investigations. In summary, the RSCC is a valued partner in law enforcement efforts to successfully investigate Human Trafficking cases and we look forward to working with you in the future. 15 RESOLUTION NO. 19-2011 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A THRIFT SHOP AT 241 NATIONAL CITY BLVD. CASE FILE NO. 2011-20 CUP APN: 556-101-15 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for a Thrift Shop at 241 National City Blvd_ at a duly advertised public hearing held on July 18, 2011, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. 2011-20 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on July 18, 2011, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the proposed use will be within an existing building and since no expansion of the building is proposed. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume of traffic generated by the proposed use, since retail use was considered during the development of the site and the proposed use involves no expansion. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the use is contained wholly within an existing building and the use is consistent with a commercial/retail use which is permitted in the Medium Commercial zone. That the proposed use is deemed essential and desirable to the public convenience, since it will help to fund a community service that offers help to underprivileged and neglected persons. 16 BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: General 1. This Conditional Use Permit authorizes a thrift store at 241 National City Blvd. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibit A, Case File No. 2011-20 CUP, dated 6/15/2011. 2. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Division, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Division that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Development Services Director prior to recordation. 3. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. Building 4. Building plans and permits for tenant improvement are required prior to occupancy for all non -permitted and proposed construction. 5. Plans submitted for construction shall comply with the 2010 editions of the California Building, Electrical, Mechanical, Plumbing, Energy, Fire, Residential and Green Codes. Fire 6. Plans submitted for construction shall comply with the 2010 edition of the California Fire Code and the 2010 edition of NFPA. 7. A street number shall be placed on the building. The number shall be 10-inches in height with a 1-inch stroke. The numbers shall be of a contrasting color to the building. Placement shall be defined by fire official prior to placement. 8. Exit signs shall be placed in proper exit ways as defined by both the California Fire Code and California Building Codes respectively. All exit signs shall be green in color and contain emergency lighting with a 90 minute power back up for emergency purposes. 9. A fire alarm and/or fire sprinklers may be required as a result of future construction on building_ 10. Plans shall be submitted directly to the National City Fire Department through permit and payment. 17 Planning 11.AII merchandise shall be stored within the building and shall not be stored or displayed outside of the business. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of July 18, 2011, by the following vote: AYES: DeLaPaz, Farias, Alvarado, Baca, Pruitt, Reynolds, Flores NAYS: ABSENT: ABSTAIN: el-INMANN 18 4R D R STROOM P R STROOM INTERI-R V4VON SIM aro 111 ETRCO INT R 6E41. VI' 'r•t OR V4TION SIM EXHIBIT A CASE FILE NO. 2011-20 CUP DATE: 6/15/2011 �tm L F RST FLOOR PL4U eeu... rw {In o-` 14DMr C 57Cuee • 5. ' 1 DBMS LOAO'M6 BC IING FRAMeO 'WALL Jn L I L5 0.4-(L,I 'Tr( ✓i. l t�Y SZoe L09B- Nr47-10NAL. cr7 l3Lin rts RESTROOM INTER'OR ELEVATION SIM O FR4MED INFI''.L O BLOCK INFILL ® BLOCK INF''LL 6D CCNSTRucTIG1 NCTE3 rem ore urea, . br .,L rteu 4,4".e [, sorer 712 a1•relKerr.4.[t .[.u- ,r.'.r . �>ro [ ree er, .ere rr a ""'a rr' ar. C;i, xos .renuut can aIa w crFpNLr0 p/r•'. n'OI,�h'fR[r r,l to e .,yeti. «;r2 r/:e f .,..o 4M kb ..1 1a It a[[ Ot1.LL t..JO 1 p,1f0 ��ri�] t<I M kb... Ma pMi C. 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(E) MTL :R4^11 H Cw MST FLOOR xav A20 ETING DATE: CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT August 2"d, 2011 AGENDA ITEM NO.1#3 ITEM TITLE: A.uthorize the reimbursement of Community Development Commission expenditures in the amount of $6,052.13 to the City of National City for the period of 6/29/11 through 07/05/11 PREPARED BY: K. Apalategui PHONE: 619-336-43311 DEPARTMENT: APPROVED BY: Fin 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 $6,052.131 ENVIRONMENTAL REVIEW: N/AN ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: [Accept and File. BOARD / COMMISSION RECOMMENDATION: N/A TACHMENTS: Warrants for the period of 6/29/11 through 07/05/11 NA: Lt1'CpRPdotl TED COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER #1 7/5/2011 PAYEE D MAX ENGINEERING INC DESROCHERS EDCO DISPOSAL CORPORATION GALVAN GEOSYNTEC CONSULTANTS PRO BUILD PRO BUILD PRUDENTIAL OVERALL SUPPLY PRUDENTIAL OVERALL SUPPLY SAN DIEGO COUNTY RECORDER SAN DIEGO TROLLEY INC SDG&E SMART & FINAL STAPLES ADVANTAGE SWEETWATER AUTHORITY VISTA PAINT DFLTA DENTAL PLAN OF CA ISER FOUNDATION HEALTH PLANS _ _ 4PLES ADVANTAGE THE LINCOLN NATIONAL LIFE INS DESCRIPTION REVIEW OF STORM WATER MIT PLAN RETIREE HEALTH BENEFITS JULY 2011 WASTE DISPOSAL/ CDC FINANCIAL SERVICES / SEC 8 ENVIRONMENTAL SVCS / 5-31-2011 MOP 45707 MATERIALS MOP# 45707. PAINTING MATERIALS/NSD MOP 45742 LAUNDRY SERVICE MOP# 45742. LAUNDRY SERVICES/NSD FEES FOR RECONVEYANCE OF LOANS FLAGGING SERVICES GAS AND ELECTRIC UTILITIES / CDC MOP# 45756. MATERIALS / NSD MOP# 45704. OFFICE SUPPLIES/GRANTS WATER UTILITIES / CDC MOP# 68834. PAINT / NSD DENTAL INS JULY 2011 KAISER INS ACTIVE JULY 2011 MOP# 45704. OFFICE SUPPLIES/POLICE LIFE & AD&D, STD, LTD JULY 2011 OTHER DISBURSEMENTS PAID WITH CDC FUNDS SECTION 8 SECTION 8 HAPS PAYMENTS Start Date 6/29/2011 CHK NO DATE AMOUNT 242454 7/5/11 1,631.25 242455 7/5/11 110.00 242456 7/5/11 104.75 242457 7/5/11 846.00 242458 7/5/11 695.66 242459 7/5/11 340.60 242460 7/5/11 468.56 242461 7/5/11 15.99 242462 7/5/11 27.74 242463 7/5/11 34.00 242464 7/5/11 99.38 242465 7/5/11 178.53 242466 7/5/11 93.07 242467 7/5/11 285.84 242468 7/5/11 39.36 242469 7/5/11 1,021.32 242493 7/5/11 -16.21 242522 7/5/11 -58.66 242571 7/5/11 156.65 242576 7/5/11 -21.70 A/P Total $ 6,052.13 Total disbursements paid with City's Funds $ 6,052.13 End Date 7/5/2011 696,080.44 GRAND TOTAL $ 702,132.57 ETING DATE: CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT August 2nd, 2011 AGENDA. ITEM NO.19 ITEM TITLE: Authorize the reimbursement of Community Development Commission expenditures in the amount of $206,980.16 to the City of National City for the period of 7/06/11 through 07/12/11 PREPARED BY: K. Apalateguq PHONE: 619-336-4331 DEPARTMENT: Fina 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 $206,980.16 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Accept and File. BOARD / COMMISSION RECOMMENDATION: N/A rACHMENTS: Warrants for the period of 7/06/11 through 07/12/111 1RCOni.oRk EP COMMUNITY DEVELOPMENT COMMISSION WARRANT REGISTER #2 7/12/2011 PAYEE FEDEX GEOSYNTEC CONSULTANTS KEYSER MARSTON ASSOC PASSANTINO ANDERSEN SAN DIEGO HABITAT FOR HUMANITY COUNTY OF SAN DIEGO DELTA CARE USA STAPLES ADVANTAGE PAYROLL Pay period 14 Start Date 6/14/2011 DESCRIPTION EXPRESS MAIL COURIER SERVICES/REDEV ENVIRONMENTAL CONSULT SVC/5-31-11 ECONOMIC CONSULTING SVCS/MAY 2011 GRANT RESEARCH SVCS / MAY 2011 REIMB/ SD HABITAT FOR HUMANITY MAIL PROCESSING SVC / FEB16/MAR15 PMI DENTAL INS DELTACARE USA JUL 2011 MOP# 45704 OFFICE SUPPLIES / NSD End Date 6/27/2011 Check Date 7/6/2011 CHK NO DATE 242587 7/12/11 242588 7/12/11 242589 7/12/11 242590 7/12/11 242591 7/12/11 242601 7/12/11 242603 7/12/11 242632 7/12/11 AMOUNT 46.56 4,842.57 11, 586.88 3,500.00 106,102.00 1,379.21 -3.85 6.26 A/P Total $ 127,459.63 79, 520.53 Total disbursements paid with City's Funds $ 206,980.16 GRAND TOTAL $ 206,980.16 ETING DATE: CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT August 2, 2011 AGENDA ITEM NO. ITEM TITLE: Investment Report for quarter ended June 30, 2011. PREPARED BY: Arnold Ocana PHONE: 619-336-4342 EXPLANATION: See attached report. DEPARTMENT: I Financ APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Staff certifies that there are sufficient funds to meet the CDC's financial needs. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: I FINAL ADOPTION: nance s STAFF RECOMMENDATION: Accept and File the CDC's Investment Report for the Quarter ended June 30, 2011. BOARD / COMMISSION RECOMMENDATION: N/A -ACHMENTS: — Background/Investment Overview — Portfolio Summary — Quarter ended June 30, 2011. 2 ATTACHMENT 1 BACKGROUND California Government Code Section 53646 requires that staff submit an investment report to the Community Development (CDC) Chairman and members within 30 days following the end of the quarter that consists of the following information: VVVVVV Type of investment or description, Issuers (bank or institution), Dollar amount, Interest rate, Current market valuation as of the date of the report, And the date of maturity. In addition, the code requires that the report states the CDC's compliance with it's investment policy and include a statement on the CDC's ability to meet it's pool's expenditure requirements. OVERVIEW OF CITY INVESTMENTS The CDC investments most of its funds the California Treasurer's Local Agency Investment Fund (LAIF). This is a liquid investment pool, which allows participants to earn market rate returns of large investments, while retaining access to funds within 24 hours of a withdrawal request. Due to the current circumstances of the economy and the market conditions, LAIF return has been plunging for the last 36 months. For the month ended June 30, 2011, LAIF's monthly average effective yield was 0.448%. The investment of debt service reserve funds, the 1999, 2004 and 2005 Tax Allocation Bonds, and the HUD Section 108 Loan Program funds are controlled by the designated fiscal agent. The reserve funds account for 19.31 % of the CDC's portfolio. Federal Agency Securities account for 15.95% of the investment portfolio. The average rate of return is 0.71% The investment portfolio has the ability to meet the CDC's financial needs. SUMMARY OF INVESTMENT PORTFOLIO As of June 30, 2011 INVESTMENTS HELD BY THE CDC OF NATIONAL CITY % of Investment Type Book Value Market Value Portfolio LAIF Federal Agency Securities Cash with Fiscal Agent Totals for June 2011 Totals for June 2010 Portfolio decrease from same quarter last year Federal Agency Securities 15.95% 12,782,387.56 3,149, 625.00 3, 812, 911.51 12,802,538.61 3,147, 729.50 3,812, 911.51 64.74% 15.95% 19.31% 19, 744, 924.07 19,763,179.62 100.00% 19,204,284.56 540,639.51 Cash with Fiscal Agent 19.31% Investments Liquidity Book Value % of Portfolio On Demand One Year Within One to Five Years Cash with Fiscal Agent 12,782,387.56 1,900, 000.00 1,249,625.00 3,812,911.51 64.74% 9.62% 6.33% 19.31% 19, 744, 924.07 100.00% Community Development Commission of National City Finance Department Investments CDC OF NATIONAL CITY Portfolio Management Portfolio Summary June 30, 2011 Par Market Book % of Days to YTM YTM Value Value Value Portfolio Term Maturity , 360 Equiv. 365 Equiv. LAIF 12,782,387.56 12,802,538.61 12,782,387.56 64.74 1 1 0.442 0.448 Federal Agency Coupon Securities 3,150,000.00 3,147,729.50 3,149,625.00 15.95 1,826 1.606 1.891 1.918 Treasury Coupon Securities 1,094,028.00 1,094,028.00 1,094,028.00 5.54 864 479 0.840 0.851 Cash with Fiscal Agent 2,718,883.51 2,718,883.51 2,718,883.51 13.77 1 1 0.000 0.000 Investments 19, 745,299.07 19, 763,179.62 19,744,924.07 100.00% 340 284 0.634 0.643 Total Earnings June 30 Month Ending Fiscal Year To Date Fiscal Year Ending Current Year 11,856.90 116,257.27 Average Daily Balance 20,461,590.44 16,834,711.12 Effective Rate of 11rn 0.71% 0.69% Leslie Deese, Assistant tyranager Reporting period 06/01/2011.06/30/2011 Run Date: 07/21/2011 - 08.05 4yp_ 7�/z/2, 116, 257.27 Portfolio CDC1 CP PM (PRF_P M1) SymRept 6.41.2026 Report Ver. 5. 00 CDC OF NATIONAL CITY Portfolio Management Portfolio Details - Investments June 30, 2011 Page 2 Average Purchase Stated YTM YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate 360 365 Maturity Date LAIF SYS10006 10006 LAIF 12,782,387.56 12,802,538.61 12,782,387.56 0.448 0.442 0.448 1 Subtotal and Average 12,782,387.56 12,782,387.56 12,802,538.61 12,782,387.56 0.442 0.448 1 Federal Agency Coupon Securities 3134G1RA4 10021 Federal Home Loan Mtg Corp 08/25/2010 400.000.00 400,432.00 400,000.00 2.125 2.096 2.125 1,516 08/25/2015 3134G1TR5 10022 Federal Home Loan Mtg Corp 09/30/2010 500,000.00 499,040.00 500.000.00 2.000 1.973 2.000 1,552 09/30/2015 3136FPY80 10023 Federal National Mtg Assn 11/23/2010 750.000.00 743,482.50 749. 625.00 1.250 1.243 1.260 1,606 11123/2015 3136FP622 10024 Federal National Mtg Assn 11/30/2010 500.000.00 499,675.00 500,000,00 2.000 1.973 2.000 1,613 11/30/2015 313371RZ1 10025 Federal Home Loan Bank 12/02/2010 500.000.00 499,900.00 500,000.00 1.850 1.825 1.850 1,61E 12/02/2015 313372TR5 10030 Federal Home Loan Bank 03/14/2011 500.000.00 505,200.00 500,000.00 2.640 2.604 2.640 1,718 03/14/2016 Subtotal and Average 3,866,291.67 3,150,000.00 3,147,729.50 3,149, 625.00 1.891 1.918 1,606 Treasury Coupon Securities S35399850 10032 FEDERAL RESERVE BANK NYC 06/11/2010 271,809.00 271,809.00 271,809.00 0.340 0.335 0.340 41 08/11/2011 535399880 10033 FEDERAL RESERVE BANK NYC 06/11/2010 10,910.00 10,910.00 10,910.00 0.530 0.523 0.530 215 02/01/2012 S35399910 10034 FEDERAL RESERVE BANK NYC 06/11/2010 290,939.00 290,939.00 290,939.00 0.74D 0.730 0.740 397 08/0112012 S35399920 10035 FEDERAL RESERVE BANK NYC 06/11/2010 5,491.00 5,491.00 5,491.00 0.970 0.957 0.970 581 02/01/2013 S35399940 10036 FEDERAL RESERVE BANK NYC 06/11/2010 310,518.00 310,518.00 310,518.00 1.190 1.174 1.190 762 08/01/2013 S35399970 10037 FEDERAL RESERVE BANK NYC 06/11/2010 204,361.00 204,361.00 204,361.00 1.190 1.174 1.190 762 08/01/2013 Subtotal and Average 1,094,028.00 1,094,028.00 1,094,028.00 1,094,028.00 0.840 0.851 479 Cash with Fiscal Agent SYS10013 10013 National City 2004 TAB 07/01/2010 35,522.14 35,622.14 35,622.14 0.000 0.000 1 SYS10014 10014 National City 2004 TAB 07/01/2010 0.16 0.16 0.16 0.000 0.000 1 SYS10015 10015 National City 2004 TAB 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 SYS10016 10016 National City 2004 TAB 01/31/2011 0.00 0.00 0.00 0.000 0.000 1 SYS10010 10010 National City 2005ATAB 07/01/2010 2,344,000.30 2,344,000.30 2,344,000.30 0.000 0.000 1 SYS10011 10011 National City 2005A TAB 07/01/2010 1.24 1.24 1.24 0.000 0.000 1 SYS10012 10012 National City 2005A TAB 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 SYS10028 10028 National City 2005A TAB 01/31/2011 0.00 0.00 0.00 0.000 0.000 1 SYS10008 10008 National City 2005BTAB 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 SYS10009 10009 National City 20056 TAB 07/01/2010 0.00 0.00 0.00 0.000 0.000 1 SYS10027 10027 National City 2005E TAB 01/31/2011 0.00 0.00 0.00 0.000 0.000 1 SYS10020 10020 National City 1999 TAB Reserve 07/01/2010 333,287,50 333,287.50 333,287.50 0.000 0.000 1 SYS10029 10029 National City 1999 TAB Reserve 01/31/2011 0.00 0.00 0.00 0.000 0.000 1 SYS10038 10038 HUD-108 NC DEFEASANCE CASH 07/01/2010 5,972.17 5,972.17 5,972.17 0.000 0.000 1 Run Data. 07/21/2011 - 08 05 Portfolio CDC1 CP PM (PRF_PN2) 6.41. 202b CUSIP CDC OF NATIONAL CITY Portfolio Management Portfolio Details - Investments June 30, 2011 Page 3 Average Purchase Stated YTM YTM Days to Maturity Investment # Issuer Balance Date Par Value Market Vafue Book Value Rate 360 365 Maturity Date Subtotal and Average 2,718,883.21 2,718,883.51 2,718, 883.51 2,718, 883.51 0.000 0.000 1 Total and Average 20,461,590.44 Run Date. 07/21/2011 - 08'OS 19,745,299.07 19,763,179.62 19,744,924.07 0.634 0.643 284 Portfolio CDC1 CP PM (PRF PM2) SymRept 6.41.2026 CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT TING DATE: August 2, 2011 AGENDA ITEM NO. 21 ITEM TITLE: Resolution of the Community Development Commission of the City of National reducing its allocation to the Low and Moderate Income Housing Fund for the 2011-2012 Fiscal Year, and making certain findings and determinations PREPARED BY: Brad Raulston Claudia G. Silva PHONE: Ext. 4256 Ext. 4222 EXPLANATION: Please see attached staff report. DEPARTMENT: Redevelopment Cityney APPROVED BY: FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt resolution. BOARD / COMMISSION RECOMMENDATION: N/A 'ACHMENTS: ataff report Proposed resolution STAFF REPORT ABx 1 27 requires the City to agree to pay an annual remittance if the City desires to allow its redevelopment agency ("Agency") to continue operating. The City and Agency can agree to have the Agency transfer tax increment funds to the City for the purpose of making the remittance payment. In addition, ABx1 27 allows the Agency to reduce its allocation to the low and moderate housing fund for Fiscal Year 2011-2012 if the Agency finds that there are insufficient other moneys to meet its debt and other obligations, current priority program needs or its obligations under the Remittance Agreement. As explained below, there is a need to reduce the Fiscal Year 2011-2012 low and moderate housing fund allocation. The current estimated remittance payment is $4.8 Million Dollars to be made by the City and to be transferred from the Agency. The Agency is budgeted to receive approximately $14.6 Million in gross tax increment revenues in FY12. Approximately $8.4 Million of that revenue is used to make bond debt service payments and fund pass -through agreements. Approximately $3.4 Million is used for programs, services, and administration. $800,000 has been budgeted for non - housing tax increment projects in FY12. Approximately $2 Million of ongoing project funds are set aside for low to moderate housing purposes. There is currently a budgeted $442,114 in the non -housing tax increment fund balance. To transfer to the City the estimated remittance payment, the Agency will have to utilize the fund balance ($442K) and unfund the non -housing tax increment projects for FY12 ($800k). The capitalized interest from the bond program will provide $1.3 Million in funds for the payment. The only source of funds available for the remaining $2.2 Million is the low -mod housing fund. The $3.4 Million for programs, services, and administration has consistently declined over the past several fiscal years due to budget cuts and efficiency measures. The figures for past fiscal years demonstrate those efforts with FY09 budgeted at $5.9 Million, FY10 budgeted at $4.0 Million, and FY11 budgeted at $3.9 Million. The $3.4 Million budgeted for FY12 help fund critical programs such as code enforcement, graffiti abatement, and other blight remediation efforts. Accordingly, the remittance obligation cannot be met without the use of low and moderate housing funds. RESOLUTION NO. 2011 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL REDUCING ITS ALLOCATION TO THE LOW AND MODERATE INCOME HOUSING FUND FOR THE 2011-2012 FISCAL YEAR AND MAKING CERTAIN FINDINGS AND DETERMINATIONS WHEREAS, the Community Development Commission of the City of National City ("CDC") hereby finds, determines, resolves and orders as follows: Section 1. Sections 33334.2 and 33337.3 of the California Community Redevelopment Law (Heath and Safety Code Section 33000, et seq.) ("CRL") require the CDC to use 20 percent (20%) of taxes allocated to the CDC pursuant to Section 33670 of the CRL ("Tax Increment") for the purpose of increasing, improving, and preserving the community's supply of low and moderate income housing, and to hold such funds in a separate Low and Moderate Income Housing Fund until used ("Low and Moderate Income Housing Fund"). Section 2. Assembly Bill No. X1 27 ("ABx1 27") was passed by the State legislature on June 15, 2011, and signed by Governor Brown on June 28, 2011. Section 3. ABx1 27 is codified as Part 1.9 of the California Health and Safety Code, commencing with Section 34192 ("Part 1.9");. Section 4. ABx1 27 establishes a voluntary alternative redevelopment program, whereby the CDC may continue to exist upon the enactment of an ordinance by the City of National City ("City") complying with the provisions of Part 1.9, including payment of an annual remittance to the County Auditor -Controller ("Remittance Ordinance"). Section 5. ABx1 27 authorizes the CDC to enter into an agreement with the City whereby the CDC transfers a portion of its Tax Increment to the City in an amount not to exceed the amount of the City's annual remittance to the County Auditor -Controller ("Remittance Agreement"). The City and CDC are entering into a Remittance Agreement, as allowed by and pursuant to ABx1 27. Section 6. ABx1 27 authorizes the CDC to reduce its allocation of Tax Increment to the Low and Moderate Income Housing Fund for the 2011-2012 Fiscal Year if the City complies with the provisions of Part 1.9, and the CDC finds that there are insufficient other moneys to meet its debt and other obligations, current priority program needs or its obligations under the Remittance Agreement. The estimated remittance payment is $4.8 Million. The CDC is budgeted to receive approximately $14.6 Million in Fiscal Year 2012 in gross tax increment revenues. Of the gross tax increment revenues, approximately $8.4 Million is used to fund bond debt service payments and pass -through agreements. An estimated $3.4 Million is used for programs, services, and administrative costs of the CDC annually, and $800,000 has been budgeted for non -housing tax increment projects in Fiscal Year 2012. Approximately $2 Million of ongoing project funds are set aside for low to moderate housing purposes. There is currently a budgeted $442,114 in the non -housing tax increment fund balance. In order for the CDC to transfer the tax increment to the City for the estimated remittance payment, the CDC will have to utilize the fund balance ($442,114) and unfund the non -housing tax increment projects for Fiscal Year 2012 ($800,000). The capitalized interest from the bond program will provide $1.3 Million in funds. Resolution No. 2011 — Page Two The only source of funds available for the remaining $2.2 Million is the low to moderate housing fund. Section 7. The CDC has reviewed and duly considered the Staff Report, documents and other written evidence presented at the meeting and believes that it will be in the best interests of the City and the health, safety, morals, and welfare of its residents, and in accord with the public purposes and provisions of applicable state and local law and requirements to reduce its allocation of Tax Increment to the Low and Moderate Income Housing Fund for the 2011-2012 Fiscal Year by Two Million Two Hundred Thousand Dollars ($2,200,000) ("Allocation Reduction"). Section 8. All other legal prerequisites to the adoption of this Resolution have occurred. Section 9. The CDC has received and heard all oral and written obje-ctions- pertaining to this matter, and all such oral and written objections are hereby overruled. Section 10. The CDC hereby finds and determines that the foregoing recitals are true and correct. Section 11. Based upon evidence in the record, the CDC finds that there are insufficient other moneys to meet its debt and other obligations, current priority program needs or its obligations under the Remittance Agreement. Section 12. The CDC finds and determines that it is necessary to implement the Allocation Reduction for the 2011-2012 Fiscal Year. Section 13. The CDC Executive Director, or designee, is hereby authorized to take such actions as are necessary and appropriate to carry out and implement the Allocation Reduction for the 2011-2012 Fiscal Year upon the City's enactment of the Remittance Ordinance. Section 14. This Resolution shall take effect immediately upon its adoption. PASSED and ADOPTED this 2nd day of August, 2011. Ron Morrison, Chairman ATTEST: APPROVED AS TO FORM: Brad Raulston, Secretary Claudia G. Silva CDC General Counsel ----TING DATE: CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION COUNCIL AGENDA STATEMENT August 2, 2011 AGENDA ITEM NO. 22 ITEM TITLE: Resolution of the Community Development Commission of the of the City of National City authorizing the Chairman to execute a Remittance Agreement between the Community Development Commission of the City of National City and the City of National City, pursuant to California Health and Safety Code section 34194.2, which remittance is currently estimated at $4.8 Million for Fiscal Year 2011-2012 PREPARED BY: Claudia G. Silva DEPARTMENT: City tprney b 9< PHONE: Ext. 4222 APPROVED BY: EXPLANATION: ABx1 27 provides that an agency may continue to operate as a redevelopment agency if the hosting city agrees to make annual remittances to the state. ABx1 27 allows the city and agency to enter into a remittance agreement whereby the agency agrees to transfer a portion of its tax increment to the city, in an amount not to exceed the annual remittance required that year. Attached is the remittance agreement between the City and the CDC, consistent with what ABx1 27 allows. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: cement Resolution RESOLUTION NO. 2011 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY (CDC) AUTHORIZING THE CHAIRMAN TO EXECUTE A REMITTANCE AGREEMENT BETWEEN THE CDC AND THE CITY OF NATIONAL CITY PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE SECTION 3414.2, WHICH REMITTANCE IS CURRENTLY ESTIMATED AT $4.8 MILLION FOR FISCAL YEAR 2011-2012 WHEREAS, Assembly Bill No. X1 27 ("ABx1 27") was passed by the State legislature on June 15, 2011, and signed by Governor Brown on June 28, 2011; and WHEREAS, upon enactment, ABx1 27 is to be codified as Part 1.9 of the California Health and Safety Code, commencing with Section 34192 ("Part 1.9"); and WHEREAS, ABx1 27 establishes a voluntary alternative redevelopment program whereby the City may choose to continue redevelopment pursuant to Part 1.9, upon the enactment of an ordinance by the City to comply with the provisions of Part 1.9, and make certain remittance described in Health and Safety Code Section 34194 to the County Auditor - Controller; and WHEREAS, the City Council is adopting an ordinance to comply with Part 1.9 (the "Ordinance") committing to comply with and make the remittances required by Part 1.9, and authorizing the continuation of the Community Development Commission of the City of National City ("CDC") after the enactment of ABx1 27; and WHEREAS, pursuant to Section 34194.1, in making remittances to the County Auditor -Controller pursuant to Section 34194 or 34194.5, the City may use any available funds not otherwise obligated for other uses; and WHEREAS, pursuant to Section 34194.2, the City may enter into a remittance agreement with the CDC, whereby the CDC will transfer a portion of its tax increment to the City, in an amount not to exceed the annual remittance required that year pursuant to Chapter 3 of Part 1.9, for the purpose of financing activities within the redevelopment area that are related to accomplishing the redevelopment agency project goals; and WHEREAS, the purpose of the Remittance Agreement is to provide for the transfer of funds by the CDC to the City in an amount sufficient for the City to make the remittances required by Part 1.9., with net available tax increment in this current fiscal year and forthcoming fiscal years; and WHEREAS, the term "Net Available Tax Increment" is defined as any tax increment funds allocated to the CDC, net of existing debt service payments and existing third - party contractual obligations, not including any funds on deposit in the CDC's Low and Moderate Income Housing Fund; and WHEREAS, the obligations of the CDC under this Remittance Agreement shall constitute an indebtedness of the CDC for the purpose of carrying out the redevelopment plan for each of the CDC's redevelopment project areas. Resolution No. 2011 — Page Two NOW, THEREFORE, BE IT RESOLVED by the Community Development Commission of the City of National City that the Chairman is hereby authorized to execute a Remittance Agreement between the Community Development Commission of the City of National City and the City of National City pursuant to California Health and Safety Code section 34194.2. PASSED and ADOPTED this 2nd day of August, 2011. Ron Morrison, Chairman ATTEST: Brad Raulston, Secretary APPROVED AS TO FORM: Claudia G. Silva CDC General Counsel REMITTANCE AGREEMENT PURSUANT TO CALIFORNIA HEALTH AND SAFETY CODE SECTION 34194.2 BY AND BETWEEN THE CITY OF NATIONAL CITY AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY THIS REMITTANCE AGREEMENT (this "Agreement") is entered into this 2nd day of August, 2011, by and between the City of National City, a municipal corporation (the "City") and the Community Development Commission of the City of National City (the "CDC"), a public body, corporate and politic, with reference to the following facts: A. Assembly Bill No. xl 27 ("ABx1 27") was passed by the state legislature on June 15, 2011, and signed by the Governor on June 28, 2011. B. ABx1 27 is to be codified as Part 1.9 of the California Health and Safety Code, commencing with Section 34192 ("Part 1.9"). C. ABx 1 27 establishes a voluntary alternative redevelopment program whereby the City may choose to continue redevelopment pursuant to Part 1.9, upon the enactment of an ordinance by the City to comply with the provisions of Part 1.9, and make certain remittances described in Heath and Safety Code section 34194 to the county auditor -controller. D. The City Council of the City of National City (the "City Council") has adopted or, concurrently with this Agreement, is adopting, an ordinance to comply with Part 1.9 (the "Ordinance"). E. Pursuant to the Ordinance, the City Council has committed to comply with and make the remittance required by Part 1.9, and has authorized the continuation of the CDC in accordance with the provisions of ABx 1 27. F. Pursuant to section 34194.1, in making remittances to the county auditor - controller pursuant to section 34194 or 34194.5, the City may use any available funds not otherwise obligated for other uses. G. Pursuant to section 34194.2, the City may enter into an agreement with the CDC, whereby the CDC will transfer a portion of its tax increment to the City, in an amount not to exceed the annual remittance required that year pursuant to Chapter 3 of Part 1.9, for the purpose of financing activities within the redevelopment area that are related to accomplishing the CDC project goals. H. The purpose of this Agreement is to provide for the transfer of funds by the CDC to the City in an amount sufficient for the City to make the remittances required by Part 1.9, with net available tax increment in this current fiscal year and forthcoming fiscal years. I. The term "Net Available Tax Increment" is defined as any tax increment funds allocated to the CDC, net of existing debt service payments and existing third -party contractual obligations, not including any funds on deposit in the CDC's Low and Moderate Income Housing Fund. J. The obligations of the CDC under this Agreement shall constitute an indebtedness of the CDC for the purpose of carrying out the redevelopment plan for each of the CDC's redevelopment project areas. NQW, THEREFORE, the parties hereto do mutually agree as follows: INTRODUCTORY PROVISIONS The recitals above are an integral part of this Agreement and set forth the intentions of the parties and the premises on which the parties have decided to enter into this Agreement. II. OBLIGATIONS OF THE PARTIES 1. The CDC shall transfer to the City in a timely manner Net Tax Increment or other funds in an amount sufficient for the City to make the remittance payments required by Part 1.9. the amounts to be transferred to the City shall be sufficient for the City to pay the remittance amount determined by the State Director of Finance pursuant to Part 1.9, subject to the City's right to appeal the amount of remittance to the director pursuant to Part 1.9. 2. Subject to receipt of sufficient Net Tax Increment or other funds from the CDC, the City shall timely remit to the county auditor -controller the payments required by Part 1.9, as provided in the Ordinance. The City's obligation to make such remittances shall be a special limited obligation of the City payable solely from Net Available Tax Increment or any other funds made available to the City by the CDC, including but not limited to amounts previously or subsequently pledged to the City for payment of redevelopment expenses that remain unencumbered. Nothing contained in this Agreement shall be deemed to be a pledge of the City's general fund revenues or other assets to make the remittance payments contemplated by Part 1.9, it being understood that any remittance payments shall be funded solely from CDC funds and/or assets. 3. The obligations of the CDC under this Agreement shall be payable out of Net Available Tax Increment, as defined in the above recitals and/or as defined or provided August 2, 2011 2 Remittance Agreement between City of National City and CDC for in any applicable constitutional provision, statute or other provision of law now existing or adopted in the future, levied by or for the benefit of taxing agencies in the CDC's redevelopment project area(s), and allocated to the CDC and/or any lawful successor entity of the CDC and/or any entity established by law to carry out the redevelopment plan for the redevelopment project area(s) and/or expend tax increment or pay indebtedness of the CDC to be repaid with tax increment, pursuant to Health and Safety Code section 33670 or any applicable constitutional provision, statute, or other provision of law now existing or adopted in the future. In the event that additional funds are required in order to make the CDC payments to the City required by this Agreement, the CDC shall make such payments from income received by the CDC from its projects and programs or any other additional funds available to it. III. LIABILITY AND INDEMNIFICATION In contemplation of the provisions of California Government Code section 895.2 imposing certain tort liability jointly upon public entities solely by reason of such entities being parties to an agreement as defined by Government Code section 895, the parties hereto, as between themselves, pursuant to the authorization contained in Government Code sections 895.4 and 895.6, shall each assume the full liability imposed upon it, or any of its officers, agents and employees, by law for injury caused by negligent or wrongful acts or omissions occurring in the performance of this Agreement to the same extent that such liability would be imposed in the absence of Government Code section 895.2. To achieve the above -stated purpose, each party indemnifies, defends and holds harmless the other party for any liability, losses, costs or expenses that may be incurred by such other party solely by reason of Government Code section 895.2. IV. ENTIRE AGREEMENT, WAIVERS, AND AMENDMENTS 1. This Agreement shall be executed in duplicate originals, each of which is deemed an original. This Agreement consists of four (4) pages which constitute the entire understanding and agreement of the parties. 2. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties with respect to the subject matter of this Agreement. 3. This Agreement is intended solely for the benefit of the City and the CDC. Notwithstanding any reference in this Agreement to persons or entities other than the City and the CDC, there shall be no third party beneficiaries under this Agreement. 4. Any waiver or amendment of the provisions of this Agreement must be in writing and signed by the authorized representative of the parties. August 2, 2011 3 Remittance Agreement between City of National City and CDC V. SEVERABILITY If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall continue in full force and effect unless the rights and obligations of the parties have been materially altered or abridged by such invalidation, voiding or unenforceability. VI. BINDING ON SUCCESSORS This Agreement shall be binding on and shall inure to the benefit of all successors and assigns of the parties, whether by agreement or operation of law. This Agreement shall survive any full or partial merger of the City and the CDC, and shall remain in effect and be fully enforceable according to its terms. IN WITNESS WHEREOF, the parties have executed this Remittance Agreement as of the date first set forth above. CITY OF NATIONAL CITY COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY By: By: Ron Morrison, Mayor Ron Morrison, Chairman ATTEST: ATTEST: By: By: Michael R. Dalla, City Clerk Brad Raulston, Secretary APPROVED AS TO FORM: APPROVED AS TO FORM: By: By: Claudia G. Silva City Attorney Susan Y. Cola, Esq. CDC Special Counsel Kane Ballmer & Berkman August 2, 2011 4 Remittance Agreement between City of National City and CDC ITEM #23 8/2/11 CLOSED SESSION REPORT (CITY ATTORNEY)