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HomeMy WebLinkAbout2001 10-16 CC AGENDA PKTAGENDA OF A REGULAR MEETING NATIONAL CITY CITY COUNCIL COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD REGULAR MEETING - TUESDAY - OCTOBER 16, 2001 - 6:00 P.M. OPEN TO THE PUBLIC PLEASE COMPLETE A REQUEST TO SPEAK FORM PRIOR TO THE COMMENCEMENT OF THE MEETING AND SUBMIT IT TO THE CITY CLERK IT IS THE INTENTION OF YOUR CITY COUNCIL 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 ANY MATTER THAT YOU DESIRE THE CITY COUNCIL TO CONSIDER. WE THANK YOU FOR YOUR PRESENCE AND WISH YOU TO KNOW THAT WE APPRECIATE YOUR INVOLVEMENT. ROLL CALL APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF OCTOBER 2, 2001. SWEARING IN OF NEW COUNCIL MEMBER ROSALIE ZARATE BY THE CITY CLERK ROLL CALL OF THE NEW CITY COUNCIL COPIES OF THE CITY COUNCIL MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.ci.national-city.ca.us COUNCIL AGENDA 10/16/01 PAGE 2 PRESENTATIONS Employee Introduction Program PROCLAMATION Proclaiming the week of October 21-27, 2001 to be: "WORLD POPULATION AWARENESS WEEK" INTERVIEWS/APPOINTMENTS Boards & Commissions — Interview 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 Council member, a staff member, or a member of the public. 1. Resolution No. 2001-155 Resolution of the City Council of the City of National City authorizing the Mayor to execute an Amendment to the Agreement between the City of National City and Schmidt Design Group to provide construction plans and specifications for Paradise Creek Educational Park. (Parks & Recreation) 2. Resolution No. 2001-156 Resolution of the City Council of the City of National City authorizing the Chief of Police to enter into Memorandums of Understanding with the Sweetwater Union High School District and the National School District for joint funding of the J.O.G/D.A.R.E./School Liaison Officer Program. (Police) COUNCIL AGENDA 10/16/01 PAGE 3 CONSENT CALENDAR (Cont.) 3. Resolution No. 2001-157 Resolution of the City Council of the City of National City declaring the City's intent to establish the Mile of Cars Business Improvement District. (Community Development Commission) 4. WARRANT REGISTER NO. 14 (Finance) Ratification of Demands in the amount of $1,059,356.54. 5. WARRANT REGISTER NO. 15 (Finance) Ratification of Demands in the amount of $174,483.92. 6. Claim for Damages: Toshinari Koguchi, Progressive Insurance (City Clerk) 7. Claim for Damages: Terry Hanks (City Clerk) WRITTEN COMMUNICATIONS 8. Petition concerning Arcadia Place NEW BUSINESS 9. Consider joining Amicus Curiae briefs in Alford v. Superior Court, Barden v. City of Sacramento and Loewenstein v. City of Lafayette. (City Attorney) COUNCIL AGENDA 10/16/01 PAGE 4 NEW BUSINESS (Cont.) 10. Request for direction from City Council regarding the draft lease agreement between Caltrans and the City of National City for the property located at the northwest corner of the Palm Avenue and Division Street Intersection. "The Bridge Proposal'. (Public Works/Engineering) 11. Report on clarification of the relationship between Transient Occupancy Taxes and the definition of "Transient." (City Attorney) 12. Request to use the Community Center by the National School District and waiver of fees. (Public Works) 13. Temporary Use Permit — McCune Motors — Used Vehicle Tent Sale. (Building & Safety) 14. Temporary Use Permit — Father and Son Auto Sales — Used Vehicle Tent Sale. (Building & Safety) 15. Notice of Decision — Conditional Use Permit for a wireless communications facility on a church at 242 E. 8th Street (Applicant: AT&T Fixed Wireless Service) (Case No. CUP-2001-6). (Planning) 16. Notice of Decision — Conditional Use Permit for a wireless communications facility on Plaza Boulevard west of and adjacent to Interstate 805 (Applicant: Richard Connor Riley & Associates) (Case File No. CUP-2001-3) (Planning) COUNCIL AGENDA 10/16/01 PAGE 5 NEW BUSINESS (Cont.) -* CITY MANAGER -* CITY ATTORNEY -> OTHER STAFF -> MAYOR -* CITY COUNCIL 17. Discussion of compensation for City employees called to active duty military reserve status. (Councilman Beauchamp) PUBLIC ORAL COMMUNICATIONS (Five -Minute Time Limit) NOTE: Pursuant to State Law, items requiring Council action must be brought back on a subsequent Council agenda unless they are of a demonstrated emergency or urgent nature. COUNCIL AGENDA 10/16/01 PAGE 6 NEW BUSINESS (Cont.) CLOSED SESSION Conference with Legal Counsel —Anticipated Litigation Initiation of Litigation Pursuant to Government Code Section 54956.9 (c) (One potential case: Abandonment of MTDB/SD & AE rail line south from "F" Street in Chula Vista) ADJOURNMENT Next Regular City Council meeting — November 6, 2001 at 6:00 p.m. — Council Chambers, Civic Center TAPE RECORDINGS OF EACH CITY COUNCIL MEETING ARE AVAILABLE FOR SALE AND TO LISTEN TO IN THE CITY CLERK'S OFFICE City of National City Personnel Department 1243 National City Boulevard National City, CA 91950-4301 Phone: (619) 336-4300 TDD: (619) 336-4304 MEMORANDUM DATE October 11, 2001 TO Park Morse, Assistant City Manager FROM Roger C. DeFratis, Peel ire or SUBJECT : EMPLOYEE INTRODUCTION PROGRAM The City Council has requested that all new full-time employees hired each month be invited to the third City Council meeting of each month. The attendance of the employee is voluntary and will not be paid overtime for such appearance. The below department director(s) are requested to extend such an invitation to the listed employee(s) and confirm the employee(s) attendance, if applicable, with the City Manager by the Thursday preceding the meeting. >D,EPA 1 TMENT It NMPLOYEE/,P©EITID>II DATE OF HItiE Kathleen Trees Oscar Lucio/Housing Inspector October 8, 2001 xc: Kathleen Trees RCD:Im Employee Intro ® Recycled Paper 11wrtamatwn WHEREAS; World population stands today at more than 6.1 billion and increases by some one billion every 13 years; and WHEREAS, Cities and urban areas today occupy only 2% of the earth's land, but contain 50% of its populations ranging from 250,000 to one million; and WHEREAS, Along with advantages and amenities, the rapid growth of cities leads to substantial pressure on their infrastructure, manifested in sanitary, health and crime problems, as well as in deterring the provision of basic social services; and WHEREAS, In the interest of national and environmental security, nations must redouble voluntary and humanitarian efforts to stabilize their population growth at sustainable levels, while at all times respecting the cultural and religious beliefs and values of their citizens. NOW, THEREFORE, I, GEORGE H. WATERS, Mayor of the City of National City, do hereby proclaim the week of October 21-27, 2001 to be: "WORLD POPULATION AWARENESS WEEK" II IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of National City to be affixed this 16TB day of October, 2001. Georg H. Waters, Mayor kr Nn A Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4526 George H. Waters - Mayor September 26, 2001 Mr. John Gordy 1811 "N" Avenue National City, CA 91950 Dear Mr. Gordy: This letter is to notify you that in order to be considered for appointment to one of our City's Boards and Commissions, you are required by City policy to appear before the City Council for an interview. You are, therefore, requested to appear for consideration for appointment at our Council meeting on Tuesday, October 16, 2001 at 6:00 p.m. in the Council Chambers. If you are unable to attend, please contact my office immediately. Your prompt attention to this matter is greatly appreciated. Sincerely, GEORG H. WATERS MAYOR GHW:nu ® Recycled Paper CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS AND COMMISSIONS PURPOSE AND INTENT: It is the purpose and intent of this form to provide the City Council with as much background information as possible on those persons willing to serve on any of the Boards and Commissions of the City of National City. Please note: This application will be kept on file and under consideration for one (1) year from the date it is submitted. THIS DOCUMENT IS FILED AS A PUBLIC DOCUMENT PLEASE CHECK THE BOARD OR COMMISSION FOR WHICH YOU ARE APPLYING (You May Apply for More than One) Building Advisory & Appeals Board Civil Service Commission Senior Citizens Advisory Board Parks & Recreation Advisory Board Serra Library Systems Board Street Tree & Parkway Committee Project Area Committee Student Commissioner Name: 630fzu? (Last) Home Address: Planning Commission Port Commission Traffic Safety Committee Library Board of Trustees Sweet -water Authority San Diego County Water Authority Housing & Community Development Committee X c o/4V (First) Birth Date / 0 ^ 6 (Optional) Telephone: Residence (6IR (-177^Q /so ) Business/Work (b/g 47751-14-�j ) NUMBER OF YEARS YOU HAVE LIVED IN: CALIFORNIA? 3 c) SAN DIEGO COUNTY? 3? NATIONAL CITY? 3 C% ARE YOU A REGISTERED VOTER: YES NO HAVE YOU EVER BEEN CONVICTED OF A CRIME (OTHER THAN MINOR TRAFFIC OFFENSES) OR HAD A CIVIL JUDGEMENT (OTHER THAN A DIVORCE DECREE) ENTERED AGAINST YOU: NO: x YES: (PLEASE ATTACH SEPARATE EXPLANATION) Colleges attended and degrees held, if any: OU I-tuESiemzic/ eo«f6E//36 ,4A/ig//gee eozcce66 Related Professional or Civic Experience: 'f6,4G ! ,C , /L9A/,UC—d 1J/.c%sie)Z//Zccrle',9T,v / C1)07)-1 o.e. Please indicate below any further information that will be of value regarding your service on the above named boards, committees or commissions: </t/a41a f, 6e /.c/ i,-./E o%' eggxv_ LcC747ez" (Lek4A,t� 2cvvic41-7 4A/O E7c.) S/A/CC 98q . P12ESeA/�c�l ?� 4►'/ 174C ASS / 7-cr ,PASraf2 OF 4 Pooh ePo trze- Coo t/Grlcre42izitl woe& 97•Avsl 6/2&.s etc/es DATE: q ^ 25.- " o f YOUR SIGNATURE RETURN COMPLETED FORM TO : CITY COUNCIb,QENATIONAL CITY 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 City of National City, California COUNCIL AGENDA STATEMENT :dEETING DATE October 16, 2001 AGENDA ITEM NO. 1 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO AMEND THE AGREEMENT WITH SCHMIDT DESIGN GROUP TO PROVIDE CONSTRUCTION PLANS AND SPECIFICATIONS FOR PARADISE CREEK EDUCATIONAL PARK. PREPARED BY EXPLANATION This amendment to Jim Ruiz DEPARTMENT Parks & Recreation the agreement of December 12, 2001, that calls for the development of plans and specifications for Paradise Creek. This amendment to the contract will reduce their fee from $96, 115 to $86,440. This reduction in fees is because their scope of services has been reduced. The Coastal Commission will not fund our original plans to build a recreation area including playground equipment. We are still seeking other funding to complete Phase II. Environmental Review X N/A Financial Statement Fee reduced from $96,115 to $86,440 Approved By: Finance Director Account No. STAFF RECOMMENDATION Approve BOARD / COMMISSION RECOMMENDATION Approve ATTACHMENTS ( Listed Below ) Agreement Resolution No. 2001-155 A-200 (999) RESOLUTION NO. 2001 - 155 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND SCHMIDT DESIGN GROUP TO PROVIDE CONSTRUCTION PLANS AND SPECIFICATIONS FOR PARADISE CREEK EDUCATIONAL PARK WHEREAS, the scope of work for Schmidt Design Group is being reduced because the Coastal Commission will not fund the City's original plans to build a recreation area with playground equipment at Paradise Creek Educational Park. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute an Amendment to the Agreement between the City of National City and Schmidt Design Group to provide construction plans and specifications for Paradise Creek Education Park. Said Amendment to the Agreement is on file in the office of the City Clerk. - PASSED and ADOPTED this 16th day of October, 2001. George H. Waters, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney SECOND AMENDMENT TO AGREEMENT This Amendment to Agreement is entered into this 16th day of October, 2001, by and between the City of National City, a municipal corporation, (the "CITY"), and SCHMIDT DESIGN GROUP, (the "CONTRACTOR"). RECITALS A. The CITY and the CONTRACTOR entered into an Agreement on July 13, 1993, (the "Agreement") providing that the CONTRACTOR would prepare the Paradise Creek Educational Park Enhancement Plan. B. Said Agreement was subsequently amended on December 12, 2000. C. The CITY and the CONTRACTOR wish to amend the Agreement again by amending the Scope of Services thereof. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. That the Agreement between the CITY OF NATIONAL CITY and SCHMIDT DESIGN GROUP dated July 13, 1993, and amended on December 12, 2000, is hereby amended by amending the Scope of Services thereof, as set forth in the attached Exhibits "A" and "B", attached hereto and incorporated herein by reference. 2. With the foregoing exception, each and every term and provision of the Agreement dated July 13, 1993, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment to Agreement on the date and year first above written. CITY OF NATIONAL CITY SCHMIDT DESIGN GROUP (Two signatures required) By: By: George H. Waters, Mayor APPROVED AS TO FORM: By: George H. Eiser, III City Attorney (Title) SCHMIDT DESiG►f\ GROUP September 21, 2001 Mr. James Ruiz, Director Parks and Recreation Department City of National City 140 East 12th Street National City, CA 91950-3312 Exhibit A Re: Paradise Creek Educational Park Phase I Dear Mr. Ruiz: Thank you for the opportunity to provide the following revised fee proposal for landscape architectural and permit processing services for the above referenced project. Based on the approved Enhancement Plan and the funding allocation provided by the Coastal Conservancy for the Paradise Creek Education Park, the following is my understanding of services required for Phase I of the project. Scope of Work and Fee Proposal A. Project Start-up and Program Development 1. One meeting with the City Project Manager to determine the project intent, scope, budget, and timetable (see Section F below). 2. Review all data pertinent to the project including existing site plans. 3. Review City/County codes, ordinances, and policies pertaining to the proposed project design. 4. Develop work schedule — time line for city and Coastal conservancy. 5. Verify Environmental Permitting requirements with City Personnel. 6. Project Administration Total service fee, item A: $2,250.00 B. Construction Drawings 1. Prepare a final CADD base plan. 2. Prepare a 35% Submittal construction document package to facilitate installation of park improvements. This package will include: • Existing Conditions/Demolition Plans • Grading & Drainage Plans • Layout and Construction Plans, indicating all construction improvements. This plan will provide horizontal control (dimensioning) of all improvements • Construction Details • Boardwalk Structural Plans and Details SCHMIDT DESIGN GROUP, INC. 2655 FOURTH AVENUE SAN DIEGO, CALIFORNIA 92103 CA LIC 2138 NV LIC 219 (619) 236-1462 FAX (619) 236-8792 Paradise Creek Construction Documents Phase I Page 2 09/21/01 • Interpretive Sign Plans and Details • Electrical lighting Plans • Electrical lighting Details • Landscape Planting Plans • Landscape Planting Details • Irrigation Plans • Irrigation Details • Technical Specifications, it is anticipated that the 'Green Book' will be referenced with special provisions on the drawings 3. City Review Meeting (see Section F below) 4. 95% Submittal package: make revisions requested by the City to the previous submittal and bring the package to a 100% level. 5. City Review Meeting (see section F below) 6. Final Submittal: Following City comments of the 95% Submittal, make corrections, if any, to finalize the package for bidding including a Statement of Probable Construction Costs. 7. Project Administration Total service fee, item B: $57,095.00 SDG $36,695.00 Civil Consultant $9,000.00 Structural Consultant $5,000.00 Geotechnical Consultant $1,400.00 Electrical Consultant $5,000.00 C. Agency Permit Preparation and Permit Processing Because the amount of coordination and processing for these permits are difficult to anticipate, we propose providing this service on a time and materials basis as follows: 1. Prepare and process ACOE Nationwide 404 permit, RWCD 401 permit, California Fish and Game 1601 permit. (Does not include application fees or drawings beyond those developed in the 35% and 95% construction documents package). 2. Respond to comments from Permitting Agencies on the 35% and 95% drawings. Total service fee, item D, (hourly not to exceed estimate): $5,515.00 D. Construction Administration / Construction Observation Because the amount of coordination and the number of site visits are difficult to anticipate, we propose providing this service on a time and materials basis as follows: During bidding and construction our services are recommended to include: 1. Answer questions during the contract -bidding period. 2. Prepare addendum as required. 3. Attend one pre -construction meeting (listed under meetings hourly). 4. Review submittals, shop drawings, and answer questions during construction. SCHMIDT DESIGN GROUP, INC. Paradise Creek Construction Documents Phase I Page 3 09/21/01 • Ongoing Construction Observation (3 visits) • Irrigation inspection/Conformance to specifications/Pressure testing (2 visits) • Coverage test/Construction Completion/Pre-maintenance punch list (1 visit) • Post Construction/Final Maintenance (1 visit). 6. Prepare Final As -Built Drawings from Contractor's Redlined As-built's for City files 7. Project Administration Total service fee, item E, (hourly not to exceed): $10,630.00 SDG $6,965.00 Civil Consultant (16 hrs) $1,715.00 Structural Consultant (4 hrs) $450.00 Electrical Consultant (12 hrs) $1,500.00 F. Meetings Because the number of meetings are difficult to anticipate, we propose providing this service on a time and materials basis as follows: 1. City Staff Meetings (4) 2. Pre -bid Conference (1) 3. Pre -Construction Conference (1) Total service fee, item F, (hourly not to exceed estimate): $3,000.00 G. Reimbursable / Reproduction costs Total service fee, item G (time and materials not to exceed estimate): $3,000.00 H. Additional Service if required Storm Water Pollution Prevention Plan Preparation of a Storm Water Pollution Prevention Plan (SWPPP), consisting of preparation of NPDES documents and notice of intent for construction phase activities. Total service fee $4,950.00 Summary of Fees A. Project Start-up and Program Development B. Construction Drawings D. Permit Processing (hourly not to exceed estimate) E. Construction Administration (hourly not to exceed estimate) F. Meetings (hourly not to exceed estimate) G. Reimbursable / Reproduction Costs (estimate) H. Additional Service (Storm Water Pollution Prevention Plan) $2,250.00 $57,095.00 $5,515.00 $10,630.00 $3,000.00 $3,000.00 $4,950.00 GRAND TOTAL $86,440.00 SCHMIDT DESIGN GROUP, INC. T Paradise Creek Construction Documents Phase I Page 4 09/21/01 CONSULTANTS TO BE UTILIZED ON THE PROJECT Prime Consultant, Landscape Architectural Design, Project Management Schmidt Design Group, Inc. 2655 Fourth Avenue San Diego, CA 92103 Phone (619) 236-1462 Civil & Structural Engineering Flores Lund Consulting (FLC) 7220 Trade Street, Suite 120 San Diego, CA 92121 (858) 566-0626 Electrical Engineering Turpin & Rattan Engineering 4719 Palm Avenue La Mesa, CA 91941 (619) 466-6224 Geotechnical Consultant Geocon Environmental Consultants 6970 Flanders Drive San Diego, CA 92121 (619) 558-6100 CITY OF NATIONAL CITY'S RESPONSIBILITIES A. Provide utility as -built plans indicating all wet and dry utilities that exist in the park site. B. Provide any information on other existing easements or other property encumbrances. C. Provide existing environmental documents and approvals. (Approved Mitigated Negative Declaration, Environmental Site Assessment, etc.) D. Promptly notify the Landscape Architect of any changes or revisions in the project. SCOPE OF SERVICES DOES NOT INCLUDE A. Changes in the scope of project or services. B. Modifications to the design based on issues unrelated to our work. C. Attendance at meetings beyond those noted in scope of work. D. Preparation of exhibits and/or drawings requested by Environmental Agencies in addition to those prepared for the 35% and 95% construction documents submittals. E. Perspective drawings. F. Development of a Title Report of the property G. Design of Dry Utilities or mechanical utilities (Gas, Telecommunications, Fiber Optic, Chilled Water, High Temperature, Hot Water, Potable Water, Etc.) H. Development of capacity studies of existing public utility systems I. Hydrology Studies will be limited to onsite drainage basins only. SCHMIDT DESIGN GROUP, INC. Paradise Creek Construction Documents Phase I Page 5 09/21/01 HOURLY OR ADDITIONAL SERVICES Hourly or any additional services which may be required as a result of the owner's prerogative or changes in the project scope, and which are outside the control of the Schmidt Design Group, Inc. may be requested on a time and materials basis at a rate of: Principal Landscape Architect $130.00/hr. Associate Landscape Architect / Director of Environmental Planning $100.00/hr. Licensed Project Landscape Architect $85.00/hr. Project Landscape Architect $65.00/hr. Assistant Landscape Architect $55.00/hr. Drafter $45.00/hr. Clerical/Typist $35.00/hr. Consultants Fees at their hourly rates will be marked up by 10%. All lump sum and hourly fees stated herein are valid for six (6) months from the date of the Landscape Architect's signature. If this contract is not executed within that time, the Schmidt Design Group, Inc. reserves the right to revise their fees and charge at its current rates at that time. Sincerely, Schmidt, ASLA chmidt Design Group, Inc. SCHMIDT DESIGN GROUP, INC. Sep 21 01 O4:66p Schmidt Design Group Exhibit B 619 236 8792 p.1O ID 0 Task Name Duration Start d Quarter A I PARADISE CRJ 4/ S O 1 2 3 4 8 11 12 15 18 22 23 27 33 37 44 45 48 50 55 56 57 58 59 60 61 Construction Plans and Agency Review. 258 days i Wed 8/15101. Fri 819M2 35% Construction Documents 76days ; Wed8115101. Wed11/28101 �� . Project Stad-up j .28 days. Wed 8115101; Fri 9121K11 Denalltiontsite preparation plans 8 days : Mon 9124101E Wed 1013101 Construction/layout Plans Signage and graphics plans 16 days! Thu 1014101 Thu 10125101 8 days' Thu 10/18/01 i Mon 10/29/1 Planting plans 3 days Fri 10125101; Tue 1U6101 Irrigation plans 8 days ; Thu 1111A1:. Man 111@A1 Administrative Tasks 11 days Tue 11113/01 ` Tue 1112T/Bi DELIVER 35.96 CONSTRUCTION ORWGS. 1 day : Wed 111281Ot Wed 11128101 Agency Review I APPUCATIONS 30 days ; Thu 11129101 Wed 119102 95% Construction Documents 60 days Thu 1/10/02 Wed 413102 Agency Review of 95% Drawings 30 days Thu 4/4102. Wed 5/15102 Final Construction Documents 34 Thu 5/18/02 Tue 712102 Fawn Agency Review 28 days Permit Compliance Wed 7/3/02f Fri 819102 180 days ; Thu 11/29/01 ; Wed 817/02 • — Advertise and Award Contract 56 days Mon 8/12/02 Mon 10128/02 ® I Advertise Contract 30days ` Mon et1202 • FriQ102 Is i Pre -Bid Meeting t day Mon 9/23102 Mon 9/23102 ® Award Contract tOdays i Tue 9/24402E Mon 10/7/02 ® Approval by Clty Council is days i Tue i0/8802 Ston IU281 1 62 Construction Administration 63 64 ® I Project Construction 150 days ` Tue 10 29i02 Mon 612603 �_- 150days ; Tue 10/29/02; Mon 5128103 Project Reedy Err P1t Usa — -- Odays Man 5/2%03. Mon 5186103 91 Paradise Creek Construction Documents Schedule 619 236 8792 Sep 21 01 04:57p City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE 10/16/2001 AGENDA ITEM NO. 2 ITEM TITLE RESOLUTION TO AUTHORIZE THE CHIEF OF POLICE TO ENTER INTO MEMORANDUMS OF UNDERSTANDING WITH THE SWEETWATER UNION HIGH SCHOOL DISTRICT AND THE NATIONAL SCHOOL DISTRICT FOR JOINT FUNDING OF THE D.A.R.E./J.O.G./SCHOOL LIAISON OFFICER PROGRAM PREPARED Y SKIP DiCERCHIO 41`"./ DEPARTMENT POLICE CHIEF OF POLICE EXPLANATION- The National City Police Department currently assigns a police officer to teach the D.A.R.E. Progra to all fourth greeiao students and the J.O.G. (Juveniles Out of Grangs) Program to all fifth grade students in the National School District. This same officer, on a part time basis, along with three additional police officers assigned on a full time basis as School Liaison Officers, provide campus security and general law enforcement services to the three Sweetwater Union High School District secondary schools located in National City. The salaries for the police officers, as well as educational materials and supplies for the programs, are currently funded by a joint funding agreement between the National School District and the City of National City. The City of National City also has a funding agreement for the program with the Sweetwater Union High School District. The agreements were originally approved on August 16, 1994, in Council Resolution 94-119 and has been subsequently renewed during the following fiscal years: 95/96, 96/97, 97/98, 98/99, 99/2000 and 2000/2001. The National School District and Sweetwater Union High School District have both indicated an interest in continuing the program. Environmental Review N/A Financial Statement If this resolution is approved, The City of National City will be reimbursed the descirbed funds from the National School District and the Sweetwater Union High School District. The $154,808 of the proposed program to the Police Department is included in the existing Fiscal Year 2001/2002 budget. Account No. TAFF RECO ENDATION Approve the Resolution BOARD/COMMISSION RECOMMENDATION ATTACHMENTS (Listed Below) Resolution N Memorandum of Understanding from the National School District Memorandum of Understanding from the Sweetwater Union High School District 2001-156 A-200 (Rev. 9/80) COUNCIL AGENDA STATEMENT RESOLUTION- D.A.R.E./J.O.G./SCHOOL LIAISON OFFICER PROGRAM Page 2 The Board of the National School District and the Board of the Sweetwater Union High School District have each approved their respective proposed MOU with the City of National City for Fiscal Year 2001/2002. Under the proposed MOU with the National School District, the D.A.R.E./J.O.G./ School Liaison Officer will be assigned approximately two thirds of his time, or 27 hours per week, to school campuses of the National School District. While on National School District campuses, the officer's primary duty will be the instruction of D.A.R.E. and J.O.G. curriculum. As time permits his duties may also include campus security and enforcement duties. Under the proposed MOU with the Sweetwater Union High School District, the D.A.R.E./J.O.G./School Liaison Officer would be assigned to spend approximately one third, or 13 hours per week, of his time on Sweetwater Union High School District campuses assigned primarily to campus security and general law enforcement duties. The costs of funding the D.A.R.E./J.O.G./School Liaison Officer under the poposed agreements will be paid as follows. D.A.R.E./J.O.G./School Liaison Officer Funding (1 Officer) Percent Amount National City Police Department 50% $ 38,227 National School District 33.3% $ 25, 459 Sweetwater Union H.S. District 16.7% $ 12,767 TOTAL COST 100 % $ 76,453 Additionally, $ 3,800 in materials and supplies costs would be divided in half with the National School District and National City Police Department each paying 50% or $ 1,900 of the materials and supply costs for the D.A.R.E. and J.O.G. program. Under the proposed MOU with Sweetwater Union High School District for Fiscal Year 2001/2002, $ 12,767 will be paid by the District to the City of National City for the part time services of the D.A.R.E./J.O.G./ School Liaison Officer. Additionally, $ 114,682 will be paid, by the Sweetwater Union High School District for 1 /2 of three officers assigned full time to School Liaison Officer duties. The Sweetwater School District will pay a total of $ 127,483. COUNCIL AGENDA STATEMENT RESOLUTION- D.A.R./J.O.G./SCHOOL LIAISON OH ICER PROGRAM Page 3 School Liaison Officers (3) Full Time Positions: Percent/Positions Amount National City Police Department 50 % (1%Z officers) $ 114,682 Sweetwater Union H.S. District 50 % (1% officers) $ 114,682 TOTAL COST 100 % (3 officers) $ 229,364 The Sweetwater Union High School District is essentially paying the cost of one full time officer, one-half of a second full time officer, and one -sixth of the part time D.A.R.E./J.O.G. officer. The National City Police pays the cost of one full time officer, one-half of the second officer, and fifty percent of the part time D.A.R.E./J.O.G. officer. The proposed MOU with the Sweetwater Union High School District would be retroactive to July 1, 2001. The proposed MOU with the National School District would be retroactive to July 1, 2001. Approval of the resolution would enable the Chief of Police to enter into the MOUs with the National School District and Sweetwater Union High School District to continue the existing programs. RESOLUTION NO. 2001 -156 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHIEF OF POLICE TO ENTER INTO MEMORANDUMS OF UNDERSTANDING WITH THE SWEETWATER UNION HIGH SCHOOL DISTRICT AND THE NATIONAL SCHOOL DISTRICT FOR JOINT FUNDING OF THE J.O.G./D.A.R.E./SCHOOL LIAISON OFFICER PROGRAM WHEREAS, the City of National City recognizes that ensuring the safety of students and staff on school campuses and reducing the involvement of youths in gangs in National City is a priority; and WHEREAS, the City believes that school campus security is enhanced by the presence of police officers and that police officers on campus improve relations between the police. and youth in the community; and WHEREAS, the City Council, through the National City Police Department, wishes to work together with the National School District and the Sweetwater Union High School District to maintain police on campuses with the School Liaison Officers and Juveniles Out of Gangs programs. WHEREAS, the costs of such programs include salary, benefits, materials and supplies; and WHEREAS, the National School District and the Sweetwater Union High School District wish to contribute their share toward the cost of said programs. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City . that the Chief of Police is hereby authorized to execute Memorandums of Understanding between the City of National City and the National School District and the Sweetwater Union High School District respectively, for the School Liaison Officers and the. Juveniles Out of Gangs programs. Said Memorandums of Understanding are on file in the Office of the City Clerk. PASSED and ADOPTED this 16th day of October, 2001. George H. Waters, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, III, City Attorney MEMORANDUM OF UNDERSTANDING BETWEEN THE NATIONAL SCHOOL DISTRICT AND CITY OF NATIONAL CITY • Ensuring the safety of students and staff on school campuses and reducing the involvement of youth in gangs and drug abuse in National City are priorities to both the National School District and the National City Police Department.. The:influences that. cause youth to become involved with street gangs and substance abuse begin to act on children during the pre -teen years. Children are not instinctively able to combat these forces and must be taught the negative effects of drug abuse and involvement with street gangs. Likewise children must also be taught techniques to resist peer pressure to join gangs and use drugs. Both the National School District and the National City Police Department believe that campus security is enhanced by the presence of police officers and that police officers on campus also help improve relations between the Police Department and youth in our community. Recognizing these factors, the National School District and the National City Police Department agree to work together to provide an educational program designed to deter children from substance abuse and becoming involved with street gangs; and to provide the presence of a police officer on campus to help maintain a secure environment. To this end the following are specific agreements between the National School District and National City Police Department. Role of the school district. The National School District agrees to: 1. Provide allotted time for Drug Awareness Resistance Education (D.A.R.E.) instruction in the 4th grade classes in the District. 2. Provide allotted time for Juvenile Out of Gangs (J.O.G.) instruction in the 5th grade classes in the District. 3. Coordinate scheduling with the J.O.G./D.A.R.E. instructor and the assigned police department supervisor. MEMORANDUM OF UNDERSTANDING Page 2 Of 5 4. Require classroom teachers to remain in the classroom for J.O.G./D.A.R.E. presentations. 5. Schedule orientation time for classroom teachers. 6. Schedule parent meetings as needed. 7. Designate a District staff person to regularly meet with the law enforcement agency to evaluate J.O.G., D.A.R.E and campus security needs. Provide space for posting J.O.G. and D.A.R.E. material within classrooms and school grounds. 9. Provide adequate space for the J.O.G./D.A.R.E./School Liaison officer to carry out non -classroom duties. 10. Provide regular feedback to the law enforcement agency concerning the performance of the J.O.G./D.A.R.E/School Liaison officer. 11. Permit the J.O.G./D.A.R.E./School Liaison officer access to the playground and cafeteria to allow for informal interaction with the students. 12. Commit audiovisual equipment for JOG, DARE and other law enforcement related educational presentations. 13. Maintain a J.O.G./D.A.R.E question box in a prominent place in the classroom. 14. Permit the J.O.G./D.A.R.E/School Liaison officer to assign reasonable homework during the course of J.O.G. or D.A.R.E. instruction. 15. Reinforce the J such activities weekly spelling for themes. 16. Reinforce the D. such activities weekly spelling topics for theme .O.G. curriculum throughout the week by as incorporating "J.O.G." words into tests and assigning J.O.G. related topics A.R.E. curriculum throughout the week by as incorporating "D.A.R.E." words into tests and assigning D.A.R.E. related s. 17. Report all criminal activity occurring on or about school campuses and all criminal activity involving students to the National City Police Department. MEMORANDUM OF UNDERSTANDING PAGE 3 OF 5 18. Develop procedures to handle campus safety issues. 19. To establish and follow procedures for referring police involvement. 20. Abstain from calling upon the JOG/DARE officer for enforcement duties while he/she is involved in classroom instruction except in emergencies. 21. The National School District will.; remit $ 25,459, payable to the National City Police Department Personnel Services Account, to offset costs of the JOG/DARE/School Liaison officer. One half of this amount, or $ 12. paid by January 1, 2002, the remaining one half, or the $12,729, will be paid by May 1, 2002. By May1, District will also place $1,900, into the Juvenile Drug/Gang Education Fund held by the Treasurer of the City of National City to be used for supplies used in the J.O.G. and D.A..R.E programs. 22. Coordinate with the police department, other public and private agencies, community and civic groups to develop a community partnership in support of the JOG and DARE programs. Role of the National City Police Department. The National City Police Department agrees to: 1. Assign a uniformed police officer as the JOG/DARE/School Liaison officer. 2. Assign the J.O.G./DARE/School Liaison officer to spend 27 hours of the 40 hour work week on or about school campuses of the National School. District engaged in the following duties. Instruction of anti -gang J.O.G. curriculum to all fifth grade students. Instruction of anti -substances t abuse D.A.R.E. curriculum to all fourth grade nts. Anti -drug and anti -gang parent education. Training for teachers and other school staff on law enforcement and campus security issues. Serving as a member of the National School District Student Attendance Review Board (S.A.R.B.). MEMORANDUM OF UNDERSTANDING PAGE 4 OF 5 General law enforcement duties focusing on: Safety of students and staff on campus Gang related violence and crime Campus intrusion Loss and/or damage to property Weapons on campus Alcohol and drugs on campus Truancy 3. Ensure that a J.O.G./D.A.R.E. instructor will be available. to instruct at scheduled presentation times. 4. Ensure that the officer assigned as the J.O.G./D.A.R.E. officer receive all required training and any additional training deemed beneficial to his/her tasks. 5. Designate a member of the police staff to regularly meet with the school district staff to evaluate program needs. 6. Schedule the J.O.G./D.A.R.E./School Liaison officer at one of the campuses each weekday. The J.O.G/.D.A.R.E School Liaison officer will be afforded ample time to engage in informal interaction with the students. 7. Abstain from having the J.O.G./D.A.R.E/School Liaison officer perform enforcement duties during time scheduled for classroom instruction, except in cases of emergency. 8. Provide a weekly log accounting for the time and activities of the J.O.G./D.A.R.E./School Liaison officer to a designated staff member of the National School .District. 9. Pay salary and benefits for the police officer assigned as the J.O.G./D.A.R.E/School Liaison officer. 10. Coordinate with the school district, other public and private agencies, community and civic groups to develop a community partnership in support of the J.O.G. and D.A.R.E. programs. MEMORANDUM OF UNDERSTANDING PAGE 5 OF 5 This Memorandum of Understanding shall be effective July 1, 2001, and shall remain in effect until June 30, 2002. This Memorandum of Understanding shall supersede all previous Memorandums of Understanding between the National School District and the City of National City. A.L. DICERCHIO GEORGE Chief of Police District Superintendent National City Police Department National School District MEMORANDUM OF UNDERSTANDING BETWEEN SWEETWATER UNION HIGH SCHOOL DISTRICT AND CITY OF NATIONAL CITY Ensuring the safety of students and staff on school campuses in National City is a priority to the school administration and the Police Department. Campus security is enhanced by the presence of police officers. Police officers on campus also- help improve. relations between the Police Department and youth in the community. Therefore, the Sweetwater Union High School District and the National City Police Department agree to undertake the following responsibilities to achieve these mutual objectives. A. SCHOOL DISTRICT'S ROLE AND RESPONSIBILITY 1. To ensure student welfare portal to portal. 2. To develop procedures to handle campus safety issues. 3. To establish and follow procedures for referring police involvement. 4. To cooperate with and support the National City Police Department to ensure the success of programs involving students, school personnel, parents and community. B. LAW ENFORCEMENT'S ROLE AND RESPONSIBILITY 1. To provide prevention/intervention by: Developing classroom and faculty presentations related to youth and the law; Attending parent conferences/meetings; Attending S.A.R.B. and S.A.T. meetings; and Scheduling security activities as needed. 2. To continue to work with: Community agencies; and South Bay Task Force. Memorandum of Understanding Page Two 3. To continue training National City Police Department staff assigned to the school sites. 4. To work with school staff in matters of mutual concern such as: Alcohol and drug use on campus Safety of students and staff. on campus.' Gang related violence and crime Campus intrusion Loss and/or damage to property C. TIME FRAME This Memorandum of Understanding shall remain in effect for 2001 - 2002 fiscal year, and may be extended for such length of time as both parties mutually agree to continue this Memorandum of Understanding. D. LOCATION Prevention/education/training activities will take place at Sweetwater High School, National City Middle School, Granger Junior High School and at public meeting places within the respective communities. E. RESOURCE Resources and local management will be coordinated at: Sweetwater Union High School District 1130 Fifth Avenue Chula Vista, California, 91911 (619) 585-6265 Memorandum of Understanding Page Three National City Police Department 1200 National City Blvd National City, California 91950 (619) 336-4423 ASSIGNMENT OF FULL TIME OFFICERS -COST The National City Police Department will assign three officers on a full time basis to perform the duties listed under provision B. of this MOU at the Sweetwater Union High School District's campuses in National City. One officer will be funded by the Police Department and one officer will be funded with campus security funds provided by the Sweetwater Union High School District, the third officer will be funded jointly by the Police Department and the Sweetwater Union High School District with each providing 50% of the funds. -The funding will be at the following levels: Salary $ 58,337 Fringe Benefits $ 18,118 TOTAL $ 76,455 G. ASSIGNMENT OF PART TIME OFFICER -COST The National City Police Department will assign one additional officer on a part time basis to perform the same duties as the full time officers assigned to the Sweetwater Union High School District's campuses in National City. The part time officer will work in this assignment during one third of his work hours or approximately 13 hours per week. The Sweetwater Union High School District will pay the City of National City, the amount of $ 12,767 one -sixth the cost of the officer for FY 01/02. The National City Police Department will provide the Sweetwater Union High School District with a weekly log which accounts for the time of the part time officer. Memorandum of Understanding Page Four This memorandum of understanding, Provisions A. through F. will be effective from July 1, 2001 to June 30, 2002. Provision G. of this memorandum of understanding will be contingent upon the National School District and the City of National City signing a joint funding memorandum of understanding to pay the balance of costs of the officer assigned part time to the Sweetwater Union High"School District that are not paid for by'the Sweetwater Union High School District. Provision G. will become effective upon signature of the joint funding memorandum of understanding between the National School District and City of National City, but no earlier than July 1, 2001, and will remain in effect until June 30, 2002. The total amount- of funds due per this agreement from the Sweetwater Union High School District to be paid to the Finance Director of National City will be the amount of $ 127,449: Salary/Benefits one officer (100%) $ 76,455 - Salary/Benefits one officer (50%) $ 38,227 - Salary/Benefits one officer (16.7%) $ 12.767 Total funds due: $ 127,449 One half of this amount, or $ 63,724, will be paid no later than January 1, 2002. The remaining half, or $ 63,724, will be paid no later than May 1, 2002. This memorandum of understanding shall supersede all previous memorandums of understanding between the Sweetwater Union High School District and the City of National City. SWEETWATER UNION CITY OF NAONAL CITY HIGH SCHOOL DISTRICT By- ` G= By: Date: f1 Date: Board Appl. on: August 27, 2001 Item G-2 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 16, 2001 AGENDA ITEM NO. 3 ITEM TITLE RESOLUTION DECLARING THE CITY'S INTENT TO ESTABLISH THE MILE OF CARS BUSINESS IMPROVEMENT DISTRICT PREPARED BY Paul Desrochers EXPLANATION DEPARTMENT CDC By resolution dated September 18, 2001, the Community Development Commission has requested the formation of a Business Improvement District ("BID"), based upon a request from the Mile of Cars Association. The BID will only consist of new car dealers and will be used primarily for promotion of the Mile of Cars. The BID may perform other related functions. The CDC has indicated its intention to act as the lead group upon formation of the BID. This resolution will declare the City's intention to establish the BID following a public hearing on November 6, 2001, as required by the Streets and Highway Code, and will thereby initiate the process for formation of the BID. Environmental Review X N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Approve the resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Proposed resolution. Resolution No. 2001-157 A-200 (999) RESOLUTION NO. 2001 - 157 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DECLARING THE CITY'S INTENT TO ESTABLISH THE MILE OF CARS BUSINESS IMPROVEMENT DISTRICT BE IT RESOLVED by the Council of the City of National City as follows: 1. The City Council hereby declares its intention to establish the Mile of Cars Business Improvement District pursuant to the Section 36500, et seq. of the California Streets and Highways Code, and to adopt an enabling ordinance. 2. Pursuant to California Government Code Section 54954.6, notice is hereby given that November 6, 2001, at 3:00 p.m., in the City Council Chambers of the City of National City, 1243 National City Blvd., National City, California, is fixed as the time and place when the City Council shall conduct a public meeting where any and all persons having any desire to be heard may appear and state their views for or against the formation of the aforementioned parking and business improvement area, the fees to be assessed, the extent of the area, or the proposed services and programs on the attached Exhibit "A" proposed by the Mile of Cars Association. 3. Pursuant to California Government Code Section 54954.6, notice is further given that November 6, 2001 at the hour of 6:00 p.m. in the City Council Chambers of National City, 1243 National City Boulevard, National City, California, is fixed as the time and place when the City Council shall conduct a public hearing where any and all persons having any desire to be heard may appear and state their views for or against the formation of the aforementioned parking and business improvement area, the extent of the area, the fees proposed to be assessed, or the proposed services and programs on the attached Exhibit "A" proposed by the Mile of Cars Association. 4. Except where funds are otherwise available, an assessment will be levied annually to pay for all improvements and activities in the parking and business improvement area, the methodology of which is detailed in Exhibit "A", attached. 5. The City Clerk is directed to give notice of the aforementioned hearing by both publication and mailing pursuant to both Sections 36523 and 36523.5 of the California Streets and Highways Code and Government Code Section 54954.6. — Signature Page to Follow — Resolution No. 2001- 157 October 16, 2001 Page Two PASSED and ADOPTED this 16th day of October, 2001. George H. Waters, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney DanBIT A (APPROVED JULY 19, 2001 BY THE MILE OF CARS BOARD OF DIRECTORS) PROPOSED MILE OF CARS BID CALENDAR YEAR 2002 BUDGET: ESTABLISHMENT DATE: At the completion of the public hearing process conducted by the City of National City, and following the second reading of the ordinance, the Business Improvement District is anticipated to be established as of .January 1, 2002. The first billings be sent out in early December 2001 and be due by January 15, 2002. BOUNDARIES: The boundaries of the proposed National City Mile of Cars BID shall be as follows: In general, any new car dealer who operates a business with a valid business license between: McKinley Avenue on the west; Highland Avenue on the east; West 18th Avenue on the north, (excluding National City Boulevard); 35th Street on the south; All of National City Boulevard within the City limits; Specifically, the following address series shall be included in the boundaries of the proposed BID: Street Address Series National City Boulevard All within the City boundaries (1 - 3500) McKinley Avenue 1800 - 3400 Wilson Avenue 1800 - 2400 Roosevelt 1800 - 2200 Harding Avenue 1800 - 3000 Hoover Avenue 1800 - 3300 Transportation Avenue 2400 - 3000 Southport Way 2400 - 2900 A Avenue 1800 - 3000 B Avenue 1800 - 3000 C Avenue 1800 - 3000 D Avenue 1800 - 3000 E Avenue 1800 - 3000 F Avenue 1800 - 3000 G Avenue 1800 - 3000 Highland Avenue 1800 - 3499 W 35t 001 - 500 W 33' Street 001 - 500 E 30t Street 001 - 500 W 30t 001 - 500 EXHIBIT "A" Page 1 E 28th Street W 28d' Street E 27`h Street E 26d' Street W 26" Street E 25th Street W 25d' Street E 24` 1 Street W 24th Street W 22nd Street E 20th Street E 18' Street W 18d' Street 001 - 500 001 - 500 001 - 500 001 - 500 001 - 500 001 - 500 001 - 500 001 - 500 001 - 500 001 - 500 001 - 500 001 - 500 001 - 500 ASSESSMENT METHODOLOGY: The assessment methodology, as approved and recommended by the Mile of Cars Association Board of Directors on June 126, 2001, is based upon a minimum annual fast year revenue flow in calendar year 2002 of $1,100,000.00 dollars (one million one hundred thousand dollars). The methodology will be based upon the reporting of quarterly gross sales tax receipts to the State of California, which will be obtained by the City of National City and disclosed to the City's fiscal agent. Based upon the submission of the September 2001, (third quarter) quarterly tax receipts report by each dealer to the fiscal agent, the fiscal agent will issue a monthly bill, commencing December 2001, for the projected monthly BID assessment to each and every new car dealer. The monthly bills will be due 30 days from the day of receipt from the new car dealers, with the first assessments due January 15, 2002. The fiscal agent shall bill each and every new car dealer by applying the BID assessment factor to the average monthly gross sales taxes, for the third quarter, 2001. The initial factor to be used to generate the $1,100,000.00 in annual BID revenues shall be a factor of .0027253. This factor, when applied to the annual sales tax receipts for every new car dealer, ($403,630,839.00, calendar year 2000) will generate the desired sum of BID revenues to fund the marketing and promotional activities of the benefiting businesses. The fiscal agent shall be authorized, as a contractual agent of the City, to bill each and every new car dealer within the proposed BID boundaries on a monthly basis. Any business that fails to remit their BID fees to the fiscal agent, within 30 days of the due date, shall be reported to the Community Development Commission of the City for collection purposes. The City shall begin collection procedures, using its best efforts, including penalties and interest, for any and all outstanding monthly BID bills. To refuse to pay into the district shall be considered as a violation of a City ordinance. Once collected, the fiscal agent shall transfer the BID assessments to the general checking account or other designated accounts of the BID Management Corporation. The fiscal agent shall maintain an ongoing business relationship with the City, as well as the BID Management Corporation, to ensure the smooth flow of revenue in both the collection process as well as disbursement process. EXHIBIT "A" Page 2 At the end of each quarter, commencing the first quarter of 2002 the fiscal agent shall reconcile the amount of BID assessments paid, (January, February and March 2002), as determined from the anticipated and billed BID assessments, with the actual reported sales tax receipts. The fiscal agent shall apply the BID assessment factor to the gross sales tax receipts reported by each new car dealer based upon their reported quarterly tax reports to the State of California. The actual quarterly numbers, commencing the first quarter of 2002, will be provided by the Community Development Commission of the City of National City, as provided by the State of California. Any differences in the amount of BID monthly assessments previously paid by each new car dealer, and the amount actually owed, whether debit or credit, shall be reconciled by the fiscal agent in the billing immediately following the presentation of actual gross sales tax receipt reports. The lead agency for the City shall be the Community Development Commission of National City. ANNUAL INCREASE: The Mile of Cars Association Board of Directors, or its successor, has authorized that a Consumer Price Index annual escalator be included in the BID assessment methodology. An amount not to exceed five per cent per year, based upon the assessment methodology factor, may be instituted by direction of the Board of Directors of the Management Corporation. Any recommended increases shall be made in writing by November 1g of each year to the Community Development Commission of National City. FIRST YEAR BUDGET: The first year budget, (based upon applying proposed assessment methodology to the calendar year 2000 gross sales receipts reported for all new car dealers, is expected to total approximately $1,100,000.00. Any variance in this amount, anticipated to be collected in calendar year 2002, would be based upon fluctuation in gross sales tax receipts generated from new car dealers in calendar year 2001 and 2002. The budget anticipated to fund special benefits for the 2002 calendar years shall be expended as follows, subject to ongoing review of the BID Management Corporation Board of Directors: INCOME: Assessments $ 1,100,000.00 Interest income $ 1,000.00 Total receipts EXPENSE: Advertising Bank Charges Depreciation Dues and subscriptions Insurance $ 1,101, 000. 00 $ 891,250.00 $ 150.00 $ 800.00 $ 150.00 $ 2,600.00 EXHIBIT "A" Page 3 Legal and professional Entertainment (Christmas party) Miscellaneous Office expense Outside service - Bob Shumake Outside services - New City America Professional - Silberman and Sloan LLP Professional - legal Repairs and maintenance - signs Sign purchases Taxes and licenses Utilities Reserve Total Expenditures $ 14,000.00 $ 1,200.00 $ 1,000.00 $ 500.00 $ 36,000.00 $ 25,000.00 $ 13,850.00 $ 5,000.00 $ 12,000.00 $ 41,600.00 $ 900.00 $ 45,000.00 $ 10,000.00 $ 1,101, 000. 00 MANAGEMENT CORPORATION: A newly created management corporation, consisting of each and every new car dealer paying into the district, shall administer the BID. Provisions for weighted voting and election of the Board of Directors shall be determined by the adoption of a new set of bylaws approved by the existing Mile of Cars Association Board of Directors. The bylaws for the new BID Management Corporation shall be considered once the Mile of Cars BID has been approved by the National City City Council. LANDSCAPE MAINTENANCE DISTRICT: The City has requested that the BID Management Corporation begin to administer the property owner funded Landscaping and Lighting District approved in 1996. This district generates approximately $100,000 in revenue per year and these funds can only be used to maintain those improvements and activities as listed in the state legislation —namely lighting and landscaping services. The BID Management Corporation may also use a portion of those funds to offset its administrative costs related to the overall management of both the BID and the maintenance district. The BID Management Corporation shall take over administration of the Lighting and Landscaping District as of January 1, 2002. COLLECTION SCHEDULE: The fiscal agent shall initiate billing for calendar year 2002 in early December 2001. Billings shall be based upon actual sales tax revenues reported, multiplied by the assessment methodology factor, from the September 2001 quarterly reporting sales tax reporting documents. Payments will be due and payable by January 15, 2002. EXHIBIT "A" Page 4 City of National City, California COUNCIL AGENDA STATEMENT .dEETING DATE October 16, 2001 AGENDA ITEM NO. 4 (-ITEM TITLE WARRANT REGISTER #14 PREPARED BY C. Palazo EXPLANATION DEPARTMENT Finance Ratification of Warrant Register #14 per Government Section Code 37208. CEnvironmental Review N/A Financial Statement Not applicable. Approved By: L/ArAl%-. inane Director Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $1,059,356.54. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) 1. Warrant Register#14 2. Workers Comp Warrant Register dated 09/26/01 3. Payroll Warrant Register dated 09/26/01 Resolution No. A-200 (9,99) City of National City, California COUNCIL AGENDA STATEMENT eIEETING DATE October 16, 2001 AGENDA ITEM NO. 5 ITEM TITLE WARRANT REGISTER #15 PREPARED BY C. Palazo EXPLANATION DEPARTMENT Finance Ratification of Warrant Register #15 per Government Section Code 37208. CEnvironmental Review Financial Statement Not applicable. STAFF RECOMMENDATION N/A I recommend ratification of these warrants for a total of $174,483.92. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) 1. Warrant Register #15 2. Workers Comp Warrant Registers dated 10/03/01 & 10/04/01 Resolution No. A-200 (9:99) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 16, 2001 6 AGENDA ITEM NO. "ITEM TITLE PREPARED BY CLAIM FOR DAMAGES: Toshinari Koguchi Progressive Insurance Michael R. Dalla, DEPARTMENT City Clerk EXPLANATION The above claim arises from an occurrence on June 14, 2001, and was filed with the City Clerk's Office on August 31, 2001. Environmental Review Financial Statement N/A XNuA Account No. STAFF RECOMMENDATION Deny the claim, and refer to the City Attorney. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) N/A Resolution No. A-200 (9/80) City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 16,2001 AGENDA ITEM NO. / ITEM TITLE CLAIM FOR DAMAGES: Terry Hanks PREPARED BY Michael R. Dalla, CMC,EARTMENT City Clerk. EXPLANATION The claim of Terry Hanks arises from an occurrence on March 14, 2000 and was filed with the City Clerk's Office on September 6, 2001 Environmental Review XX N/A Financial Statement N/A Account No. STAFF RECOMMENDATION Deny the claim, and refer to the City Attorney. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) N/A Resolution No. A-200 (9/80) w Dear Mayor and City Couuil Members, ITEM #8 10/16/01 October LTIMI1 COMMUNICATIONS We, the residents of East 10th and 11th streets of the city of National City are writing to emphasize again. that we do not want the two-way traffic on Arcadia Place. Please, no vehicle access on Arcadia Place,. as it was mentioned in. the letter dated June 6, 2001 and was discussed in the June 12, 2001 community meeting. If Arcadia Place is open to traffic, this would be a major problem such as, heavy vehicle traffic and cars exceeding the speed limit. This street has been closed for the past twenty years, leave Arcadia Place intact. Thank you. Sincerely, East 10th and 11th streets residents 2 FZo /1/ o ,J /6/) y75-- 095'2_ October 4, 2001 Dear Mayor and City Couuil Members, We, the residents of East 10th and 11th streets of the city of National City are writing to emphasize again .that we do not want the two-way traffic on Arcadia Place. Please1no vehicle access on Arcadia. Place., as it was mentioned.in the letter dated June.6, 2001 and was discussed in the June 12, 2001 community meeting. If Arcadia Place is open to traffic, this would be a major problem such as, heavy vehicle traffic and cars exceeding the speed limit. This street has been closed for the past twenty years, leave Arcadia Place intact. Thank you. Sincerely, East 10th and 11th streets residents %eI ( / ) -a(7--0 -eg October 1+, 2001 Dear Mayor and City Coubil Members, 6Ie, the residents of East 10th and 11th streets of the city of National City are writing to emphasize again that we do not want the two-way traffic on Arcadia Place. Please, no vehicle access on Arcadia Place,.as it. wasmentioned.. in the letter dated June 6 2001. and was discussed in the June 12, 2001 community meeting. If Arcadia Place is open to traffic, this would be a major problem such as, heavy vehicle traffic and cars exceeding the speed limit. This street has been closed for the past twenty years, leave Arcadia Place intact. Thank you. Sincerely, East 10th and 11th streets residents CQ(L 5. 14-44/11 I I Vitionai Cam, L gIg5o Coq- 4-7s Ge' arJ Wit' (Vev7 al E. 1141 3+. (CI 4� 0 - LITZ October 4, 2001 Dear Mayor and City Coubil Members, We, the residents of East 10th and 11th streets of the city of National City are writing to emphasize again .that we do not want the two-way traffic on Arcadia Place. Please,no vehicle access on Arcadia Place,.as it was mentioned.in the letter dated June 6, 2001 and was discussed in the June 12, 2001 community meeting. If Arcadia Place is open to traffic, this would be a major problem such as, heavy vehicle traffic and cars exceeding the speed limit. This street has been closed for the past twenty years, leave Arcadia Place intact. Thank you. Sincerely, East 10th and 11th streets residents rya 6-- as gr. October 4, 2001 Dear Mayor and City Couuil Members, We, the residents of East 10th and 11th streets of the city of National City are writing to emphasize again that we do not want the two-way traffic on Arcadia Place. Please,no vehicle access on Arcadia. Place, as it was.. mentionedin the letter.c1atedJune .6, 2001. and was discussed in the June 12, 2001 community meeting. If Arcadia Place is open to traffic, this would be a major problem such as, heavy vehicle traffic and cars exceeding the speed limit. This street has been closed for the past twenty years, leave Arcadia Place intact. Thank you. Sincerely, East 10th and 11th streets residents /1 XI- 2G4 R tTA V 4LEru c cpg a?-03 /1 t& sr 17t C. `1 / s 7.e.( (c/?) y7?—c3-57 /e,( e a:E . October 4, 2001 Dear Mayor and City Coutil Members, Vie, the residents of East 10th and llth streets of the city of National City are writing to emphasize again .that we do not want the two-way traffic on Arcadia Place. Please,no vehicle access on Arcadia Place, as it was mentioned in .the letter.dated June..6., 2001 and was discussed in the June 12, 2001 community meeting. If Arcadia Place is open to traffic, this would be a major problem such as, heavy vehicle traffic and cars exceeding the speed limit. This street has been closed for the past twenty years, leave Arcadia Place intact. Thank you. Sincerely, East 10th and llth streets residents „/,, cc: Olove October 4, 2001 Dear Mayor and City Coui_l Members, Ve, the residents of East 10th and 11th streets of the city of National City are writing to emphasize again. that we do not want the two-way traffic on Arcadia Place. Please,00 yeU gle attars on Arcadia Place,. as it was mentioned in. the letter dated June 6, 2001 and was discussed in the June 12, 2001 community meeting. If Arcadia Place is open to traffic, this would be a major problem such as, heavy vehicle traffic and cars exceeding the speed limit. This street has been closed for the past twenty years, leave Arcadia Place intact. Thank you. Sincerely, East 10th and 11th streets residents 'I/ 1 October y., 2001 Dear Mayor_ and City Couhil Members, s'1e, the residents of East 10th and 11th streets of the city of National City are writing to emphasize again .that we do not want the two-way traffic on Arcadia Place. Please,no vehicle access on Arcadia Place, as it was mentioned i.n.the letter datedJ.une,6, 2001 and was discussed in the June 12, 2001 community meeting. If Arcadia Place is open to traffic, this would be a major problem such as, heavy vehicle traffic and cars exceeding the speed limit. This street has been closed for the past twenty years, leave Arcadia Place intact. Thank you. Sincerely, East 10th and 11th streets residents C �C . q ( 9 1 October 4, 2001 Dear Mayor and City Coubil Members, We, the residents of. East 10th and 11th streets of the city of National City are writing to emphasize again. that we do not want the two-way traffic on Arcadia Place. Please,no vehicle access on Arcadia Place, as it. was mentioned in the.letter.dated June. 2001 2001 and was discussed in the June 12, 2001 community meeting. If Arcadia Place is open to traffic, this would be a major problem such as, heavy vehicle traffic and cars exceeding the speed limit. This street has been closed for the past twenty years, leave Arcadia Place intact. Thank you. Sincerely, East 10th and 11th streets residents June 6,2001 Dear City Council of National City: We, the residents of East 10th and 1 lth Streets who have recently moved in as well as some of us who have been here over forty years would like to express our concerns and recommendations regarding the planned development permit requested by the owner of Plaza Manor Apartments (Case files Nos. PD-2001, SC-2001 and Z-2001-6). The Plaza Manor Apartments have been a nuisance since the day the apartments were built. As all of you are aware, there has been drug trafficking, shootings, loud noises at these apartments, traffic on foot on East 10th and 11 `h Streets and vehicle traffic on East 11th Street coming from the apartments, home robberies and vandalism of personal property of the residents of East 10th and East 11th Streets. We are tired of picking up trash on the sidewalks. This trash consists of beer and other alcohol bottles, food, and dirty diapers. The trash comes from residents who live in the apartments that walk on foot to and from the Texas Liquor Store, and to and from Say -A -Lot store on East 11th Street. We believe the police department would agree with us. There is a history of police reports and police confrontations with the residents of Plaza Manor Apartments Currently, there are steel posts and a concrete sidewalk at Arcadia Place. However, we recommend a heavy-duty wrought iron fence along Arcadia Place. This fence should be at least ten feet high or higher with landscaping along the fence such as trees and shrubs. We also recommend no vehicle access on Arcadia Place. If Arcadia Place is open to traffic this would be a major problem as it has been in the past with heavy vehicle traffic. Please do not open Arcadia Place. We care about our neighborhood. We want our neighborhood back as it was before, free of crime and trash. Please give us the satisfaction that our neighborhood will be deterred from crime coming from the Plaza Manor Apartments. Sincerely, Residents of East 10th and 11th Streets Signatures of residents follow on the next page. October 4, 2001 Dear Mayor and City Coubil Members, We, the residents of East 10th and 11th streets of the city of aational City are writing to emphasize again .that we do not want the two-way traffic on Arcadia Place. Please,no vehicle access on Arcadia Place, as it was.mentioned in.the letter dated June.6, 2001 and was discussed in the June 12, 2001 community meeting. If Arcadia Place is open to traffic, this would be a major problem such as, heavy vehicle traffic and cars exceeding the speed limit. This street has been closed for the past twenty years, leave Arcadia Place intact. Thank you. Sincerely, East 10th and 11th streets residents 3 0 5 E kii"L/70 46 2_ 13y &4-57 7 /Yz zif 1/9; 0--32° IJ. October 4, 2001 Dear Mayor and City Coubil Members, ','1e, the residents of East 10th and 11th streets of the city of National City are writing to emphasize again .that we do not want the two-way traffic on Arcadia Place. Please, no vehicle access on Arcadia Place, as itwas mentioned .inthe letter..dated June 6, 2001. and was discussed in the June 12, 2001 community meeting. If Arcadia Place is open to traffic, this would be a major problem such as, heavy vehicle traffic and cars exceeding the speed limit. This street has been closed for the past twenty years, leave Arcadia Place intact. Thank you. Sincerely, East 10th and 11th streets residents /v L/�/ S 9 /)2 &-'S efo I( / jj1'/ k)r //4 tip ep-j f 6.9 9r96-0 Yo' 4/22 c A October 4, 2001 Dear Mayor and City Coubil Members, We, the residents of East 10th and 11th streets of the city of National City are writing to emphasize again that we do not want the two-way traffic on Arcadia Place. Please, no vehicle access on Arcadia.Place,_as it. was mentioned in the letter dated June-6,..200i and was discussed in the June 12, 2001 community meeting. If Arcadia Place is open to traffic, this would be a major problem such as, heavy vehicle traffic and cars exceeding the speed limit.. This street has been closed for the past twenty years, leave Arcadia Place intact. Thank you. AffceSA, East 10th and 11th streets residents 3,03 E. ,v / / / October 4, 2001 Dear Mayor and City Coutil Members, We, the residents of East 10th and 11th streets of the city of National City are writing to emphasize again. that we do not want the two-way traffic on Arcadia Place. Please,no vehicle access on Arcadia Place,. as it was mentioned in..the letter dated June .6,.2001 and was discussed in the June 12, 2001 community meeting. If Arcadia Place is open to traffic, this would be a major problem such as, heavy vehicle traffic and cars exceeding the speed limit. This street has been closed for the past twenty years, leave Arcadia Place intact. Thank you. Sincerely, East 10th and 11th streets residents 'MARJO AQuiklb 11144/ Nrcrt,orJk-c- Griy cA:, 111so -o/ October 4, 2001 Dear Mayor and City Coubil Members, We, the residents of East 10th and 11th streets of the city of National City are writing to emphasize again .that we do not want the two-way traffic on Arcadia Place. Please,no vehicle access on Arcadia Place, as it was mentioned in the letter. dated June .6,..2001 and was discussed in the June 12, 2001 community meeting. If Arcadia Place is open to traffic, this would be a major problem such as, heavy vehicle traffic and cars exceeding the speed limit. This street has been closed for the past twenty years, leave Arcadia Place intact. Thank you. Sincerely, East 10th and 11th streets residents 0. oY.:2-- j% .(- z,,.___.. cam; October 4, 2001 Dear Mayor and City Courbil Members, We, the residents of East 10th and 11th streets of the city of National City are writing to emphasize again .that we do not want the two-way traffic on Arcadia Place. Pleaseino vehicle access on .Arcadia Place,as it was mentioned in the letter dated June 6, 2001 and was discussed in the June 12, 2001 community meeting. If Arcadia Place is open to traffic, this would be a major problem such as, heavy vehicle traffic and cars exceeding the speed limit. This street has been closed for the past twenty years, leave Arcadia Place intact. Thank you. Sincerely, East 10th and 11th streets residents e/&, ? s H47/ oN4L Gam` ���177 C6,1) October 4, 2001 Dear Mayor and City Coubil Members, Ve., the residents of East 10th and 11th streets of the city of National City are writing to emphasize again .that we do not want the two-way traffic on Arcadia Place. Please,no vehicle access on Arcadia. Place.,. asit was mentioned in the letter. dated June..6,. 2001. and was discussed in the June 12, 2001 community meeting. If Arcadia Place is open to traffic, this would be a major problem such as, heavy vehicle traffic and cars exceeding the speed limit. This street has been closed for the past twenty years, leave Arcadia Place intact. Thank you. ce1 f I East 10th and 11th streets residents 362-r se: October 4, 2001 Dear Mayor and City Coubil Members, We, the residents of East 10th and llth streets of the city of National City are writing to emphasize again .that we do not want the two-way traffic on Arcadia Place. Please,no vehicle access on Arcadia Place, as. itwas mentioned in the letter. date.d.June 6, 2001... and was discussed in the June 12, 2001 community meeting. If Arcadia Place is open to traffic, this would be a major problem such as, heavy vehicle traffic and cars exceeding the speed limit. This street has been closed for the past twenty years, leave Arcadia Place intact. Thank you. 01 re-\ q C ?r o. 5 0 Sincerely, East 10th and 11th streets residents \,\`. 41 A-. October 4, 2001 Dear Mayor and City Coubil Members, We, the residents of East 10th and 11th streets of the city of National City are writing to emphasize again .that we do not want the two-way traffic on Arcadia Place. Please, no vehicle access on Arcadia Place,.as it. wasnentioned.in the letter dated.June....6, 2001, and was discussed in the June 12, 2001 community meeting. If Arcadia Place is open to traffic, this would be a major problem such as, heavy vehicle traffic and cars exceeding the speed limit. This street has been closed for the past twenty years, leave Arcadia Place intact. Thank you. 30 'A 1-4-6-10 G� t Sincerely, ai;&— East 10th and 11th stree s residents !C1 October q., 2001 Dear Mayor and City Coubil Members, V(e, the residents of East 10th and 11th streets of the city of National City are writing to emphasize again.that we do not want the two-way traffic on Arcadia Place. Please,no vehicle access on Arcadia Place,as it was mentioned in the letter. dated June 6,.200.1. and was discussed in the June 12, 2001 community meeting. If Arcadia Place is open to traffic, this would be a major problem such as, heavy vehicle traffic and cars exceeding the speed limit. This street has been closed for the past twenty years, leave Arcadia Place intact. Thank you. Sincerely, East 10th and 11th streets residents O r t b h v Q r r cL ?0 3 E t t ram- 57_ Uf4Tio,�1¢L cl cA ?(Sc" . e(k/ J c-/7g_03- 9 October 4, 2001 Dear Mayor and City Coubil Members, We, the residents of East 10th and 11th streets of the city of National City are writing to emphasize again. that we do not want the two-way traffic on Arcadia Place. Please,no vehicle access on Arcadia Place, as it was mentioned. in the letter. dated.June..6., 2001 and was discussed in the June 12, 2001 community meeting. If Arcadia Place is open to traffic, this would be a major problem such as, heavy vehicle traffic and cars exceeding the speed limit. This street has been closed for the past twenty years, leave Arcadia Place intact. Thank you. r Sincerely, East 10th and 11th streets residents N.6 o,0 r C4 k-q70-o)c)(11q5-° October 4, 2001 Dear Mayor and City Coubil Members, Vie, the residents of East 10th and 11th streets of the city of National City are writing to emphasize again, that we do not want the two-way traffic on Arcadia Place. Please, no vehicle access on Arcadia Place,. as it was mentioned in..the letter dated June 6, 2001 and was discussed in the June 12, 2001 community meeting. If Arcadia Place is open to traffic, this would be a major problem such as, heavy vehicle traffic and cars exceeding the speed limit. This street has been closed for the past twenty years, leave Arcadia Place intact. Thank you. Sincerely, East 10th and 11th streets residents -YD 'i e: // 2/5�a October LE, 2001 Dear Mayor and City Coil Members, e, the residents of East 10th and 11th streets of the city of National City are writing to emphasize again .that we do not want the two-way traffic on Arcadia Place. Please,no vehicle access on Arcadia Place, as it. was mentioned. in,. the, letter dated. June .6, 2001• and was discussed in the June 12, 2001 community meeting. If Arcadia Place is open to traffic, this would be a major problem such as, heavy vehicle traffic and cars exceeding the speed limit. This street has been closed for the past twenty years, leave Arcadia Place intact. Thank you. Sincerely, East 10th and 11th streets residents 2g2g t \Art-1 St IVAi1 a-il. c ervi October 4, 2001 Dear Mayor and City Coubil Members, .Ve, the residents of East 10th and 11th streets of the city of National City are writing to emphasize again .that we do not want the two-way traffic on Arcadia Place. Pleasejno vehicle access on Arcadia. Place, asit was .mentioned.in.the le.tter.dated June.6, 2001. and was discussed in the June 12, 2001 community meeting. If Arcadia. Place is open to traffic, this would be a major problem such as, `. heavy vehicle traffic and cars exceeding the speed limit. This street has been closed for the past twenty years, leave Arcadia Place intact. Thank you. Sincerely, A East 10th and 11th streetsresidents V e 014 An-C r 0 ) Jr 6aTa-Oyri October 4, 2001 Dear Mayor and City Coubil Members, We, the residents of East 10th and 11th streets of the city of National City are writing to emphasize again that we do not want the two-way traffic on Arcadia Place. Please, no vehicle access on Arcadia.Place., as it was mentioned in the letter dated June..6, 2001 and was discussed in the June 12, 2001 community meeting. If Arcadia Place is open to traffic, this would be a major problem such as, heavy vehicle traffic and cars exceeding the speed limit. This street has been closed for the past twenty years, leave Arcadia Place intact. Thank you. Sincerely, East 10th and 11th streets residents 7> rz,-L l ;J� October 4, 2001 Dear Mayor and City Coubil Members, We, the residents of East 10th and llth streets of the city of National City are writing to emphasize again .that we do not want the two-way traffic on Arcadia Place. Please,no vehicle access on Arcadia Place, as. it was mentioned in.the letter.dated_June. 6, 2001 and was discussed in the June 12, 2001 community meeting. If Arcadia Place is open to traffic, this would be a major problem such as, heavy vehicle traffic and cars exceeding the speed limit. This street has been closed for the past twenty years, leave Arcadia Place intact. Thank you. Sincerely, East 10th and 11th streets residents • 4-AranctO tca cIy'/I e cam- //kifJ ca/ye ,...lg•ivoN October 4, 2001 Dear Mayor and City Coubil Members, We, the residents of East 10th and 11th streets of the city of National City are writing to emphasize again .that we do not want the two-way traffic on Arcadia Place. Please)no vehicle access on ArcadiaPlace.,_as it was mentionedin the letter.dated June.6, 2001 and was discussed in the June 12, 2001 community meeting. If Arcadia Place is open to traffic, this would be a major problem such as, heavy vehicle traffic and cars exceeding the speed limit. This street has been closed for the past twenty years, leave Arcadia Place intact. Thank you. Sincerely, East 10th and 11th streets residents II4 Y October 4, 2001 Dear Mayor and City Couil Members, We, the residents of East 10th and 11th streets of the city of National City are writing to emphasize again. that we do not want the two-way traffic on Arcadia Place. Please,no vehicle access on Arcadia Place, as. it was mentioned in the letter dated June .6,.2001. and was discussed in the June 12, 2001 community meeting. If Arcadia Place is open to traffic, this would be a major problem such as, heavy vehicle traffic and cars exceeding the speed limit. This street has been closed for the past twenty years, leave Arcadia Place intact. Thank you. aln= East '�th and 11th streets residents ,, /041 @C-01(0. l65 October 4, 2001 Dear Mayor and City Coubil Members, We, the residents of East 10th and 11th streets of the city of National City are writing to emphasize again .that we do not want the two-way traffic on Arcadia Place. Please, no vehicle access on Arcadia Place, .as.it.was mentioned in the letter dated.June .6, 2001 and was discussed in the June 12, 2001 community meeting. If Arcadia Place is open .to traffic, this would be a major problem such as, heavy vehicle traffic and cars exceeding the speed limit. This street has been closed for the past twenty years, leave Arcadia Place intact. Thank you. Sincerely, East 10th and llth streets residents hkat eo Ca Lit E. F /NIL q71S-0 October 4, 2001 Dear Mayor and City Coutil Members, ;Ve, the residents of East 10th and llth streets of the city of National City are writing to emphasize again .that we do not want the two-way traffic on Arcadia Place. Please,no vehicle access on Arcadia. Place, as. it. was mentioned in the letter .dated. June..6, 2001 and was discussed in the June 12, 2001 community meeting. If Arcadia Place is open to traffic, this would be a major problem such as, heavy vehicle traffic and cars exceeding the speed limit. This street has been closed for the past twenty years, leave Arcadia Place intact. Thank you. Sincerely, East loth and llth streets residents ckr, a9;13 row , - MilelOSIVR October Lf, 2001 Dear Mayor and City Couloil Members, Vie, the residents of East 10th and 11th streets of the city of National City are writing to emphasize again.that we do not want the two-way traffic on Arcadia Place. Please, no vehicle access on Arcadia Place, as it was mentioned in. the.letter_dated June.6, 2001 and was discussed in the June 12, 2001 community meeting. If Arcadia Place is open to traffic, this would be a major problem such as, heavy vehicle traffic and cars exceeding the speed limit. This street has been closed for the past twenty years, leave Arcadia Place intact. Thank you. Sincerely, East 10th and 11th streets residents $t(1 t 1(r/1 Ptry . Y cZ Z�(2 () j(} `GL S N . c A. C1(CtSC) October 4, 2001 Dear Mayor and City Coubil Members, ,,e, the residents of East loth and 11th streets of the city of National City are writing to emphasize again .that we do not want the two-way traffic on Arcadia Place. Please, no vehicle access on Arcadia Place,. as. it was mentioned in.the letter. dated June. 6, 2001 and was discussed in the June 12, 2001 community meeting. If Arcadia Place is open to traffic, this would be a major problem such as, heavy vehicle traffic and cars exceeding the speed limit. This street has been closed for the past twenty years, leave Arcadia Place intact. Thank you. Sincerely, East 10th and llth streets residents c.98Vr E //Lh ca October 4, 2001 Dear Mayor and City Coutil Members, `;1e, the residents of East 10th and 11th streets of the city of National City are writing to emphasize again .that we do not want the two-way traffic on Arcadia Place. Please, no vehicle access on Arcadia..Place, as it was mentioned in the letter.dated June.6, 2001 and was discussed in the June 12, 2001 community meeting. If Arcadia Place is open to traffic, this would be a major problem such as, heavy vehicle traffic and cars exceeding the speed limit. This street has been closed for the past twenty years, leave Arcadia Place intact. Thank you. Sincerely, East 10th and llth streets residents I 4/0i4rG October 4, 2001 Dear Mayor and City Coubil Members, We, the residents of East 10th and 11th streets of the city of National City are writing to emphasize again. that we do not want the two-way traffic on Arcadia Place. Please/no vehicle access on Arcadia Place., as. it was mentioned in the letter. dated. June 6, 2001,. and was discussed in the June 12, 2001 community meeting. If Arcadia Place is open to traffic, this would be a major problem such as, heavy vehicle traffic and cars exceeding the speed limit. This street has been closed for the past twenty years, leave Arcadia Place intact. Thank you. 1 ijA Q), I C ? gi150 Sincerely, East 10th and 11th streets residents � 1 A„ October 4, 2001 Dear Mayor and City Couuil Members, We, the residents of East 10th and 11th streets of the city of National City are writing to emphasize again .that we do not want the two-way traffic on Arcadia Place. Please,no vehicle access on Arcadia Place,.as it. was. mentioned. in the letter dated.June...6, 2001. and was discussed in the June 12, 2001 community meeting. If Arcadia Place is open to traffic, this would be a major problem such as, heavy vehicle traffic and cars exceeding the speed limit. This street has been closed for the past twenty years, leave Arcadia Place intact. Thank you. 3oD I' + `A /-(1. 1Z Jv C Sincerely, Z!Qf°2— East 10th and 11th stree s residents October 4, 2001 Dear Mayor and City Couuil Members, 6Te, the residents of East 10th and 11th streets of the city of National City are writing to emphasize again. that we do not want the two-way traffic on Arcadia Place. Please,no vehicle access on Arcadia Place, asit was mentioned in the letter dated June 6, 2001.. and was discussed in the June 12, 2001 community meeting. If Arcadia Place is open to traffic, this would be a major problem such as, heavy vehicle traffic and cars exceeding the speed limit. This street has been closed for the past twenty years, leave Arcadia Place intact. Thank you. th and 11th streets residents � gC-;/ � -� ( October y., 2001 Dear Mayor and City Coil Members, 61e, the residents of East 10th and 11th streets of the city of National City are writing to emphasize again .that we do not want the two-way traffic on Arcadia Place. Pleasejno vehicle access on Arcadia Place, asit. was mentioned in the letter dated.June 6, 2001 and was discussed in the June 12, 2001 community meeting. If Arcadia Place is open to traffic, this would be a major problem such as, heavy vehicle traffic and cars exceeding the speed limit. This street has been closed for the past twenty years, leave Arcadia Place intact. Thank you. Sincerely, East 10th and 11th streets residents 0691l E cul-- MA_ bud- qlec-&nod2( / q/IF0 October 4, 2001 Dear Mayor and City Coubil Members; We, the residents of East 10th and 11th streets of the city of National City are writing to emphasize again..that we do not want the two-way traffic on Arcadia Place. Please,no vehicle access on Arcadia Place,. as it was mentioned in the letter. dated June.6, 2001 and was discussed in the June 12, 2001 community meeting. If Arcadia Place is open to traffic, this would be a major problem such as, heavy vehicle traffic and cars exceeding the speed limit. This street has been closed for the past twenty years, leave Arcadia Place intact. Thank you. Sincerely, East 10th and 11th streets residents ✓� /o r/ce. b_11 ^verra_ 2 -0 3 E t l r'- 5T 'UJ477 o v"L CtT r CA `jlg5a re((ciy) ci/7g_03s October 4, 2001 Dear Mayor and City Couuil Members, We, the residents of East 10th and 11th streets of the city of National City are writing to emphasize again .that we do not want the two-way.traffic on Arcadia Place. Please1no vehicle access on Arcadia .Place, as it was mentioned. in the letter dated.June.6., 2001 and was discussed in the June 12, 2001 community meeting. If Arcadia Place is open to traffic, this would be a major problem such as, heavy vehicle traffic and cars exceeding the speed limit. This street has been closed for the past twenty years, leave Arcadia Place intact. Thank you. r Sincerely, N East 10th and 11th streets residents Ja'l -54v,u4 No.4; ow0.\ , C'4 October 4, 2001 Dear Mayor and City Coutii Members, '1e, the residents of East 10th and 11th streets of the city of Rational City are writing to emphasize again, that we do not want the two-way traffic on Arcadia Place. Please,o vehicle access on Arcadia Place,. as it was mentioned in. .the letter dated June 6, 2001 and was discussed in. the June 12, 2001 community meeting. If Arcadia .Place is open to traffic, this would be a major problem such as, heavy vehicle traffic and cars exceeding the speed limit. This street has been closed for the past twenty years, leave Arcadia Place intact. Thank you. Sincerely, East 10th and llth streets residents WIMIDARTA UU October 4, 2001 Dear Mayor and City Coubil Members, 1e, the residents of East_10th and 11th streets of the city of National City are writing to emphasize again .that we do not want the two-way traffic on Arcadia Place. Please, no vehicle access on Arcadia Place, as it was mentioned in_the.letter dated. June .6, 2001.. and was discussed in the June 12, 2001 community meeting. If Arcadia Place is open to traffic, this would be a major problem such as, heavy vehicle traffic and cars exceeding the speed limit. This street has been closed for the past twenty years, leave Arcadia Place intact. Thank you. Sincerely, East 10th and 11th streets residents z. t 1-t (-4 S � (V)' 1 61\r4VL- C rry 11/ t., October 4, 2001 Dear Mayor and City Couil Members, 7e, the residents of East 10th and 11th streets of the city of National City are writing to emphasize again that we do not want the two-way traffic on Arcadia Place. Please, no vehicle access on Arcadia. Place., as it. was .mentioned in the letter dated. June..6,.2001 and was discussed in the June 12, 2001 community meeting. If Arcadia Place is open to traffic, this would be a major problem such as, heavy vehicle traffic and cars exceeding the speed limit. This street has been closed for the past twenty years, leave Arcadia Place intact. Thank you. Sincerely, East 10th and 11th streets residents October 4, 2001 Dear Mayor and City Coubil Members, Je, the residents of East 10th and 11th streets of the city of National City are writing to emphasize again that we do not want the two-way traffic on Arcadia Place. Please,no vehicle access on Arcadia. Place, as. it was mentioned. in. the letter., dated June .6, 2001 and was discussed in the June 12, 2001 community meeting. If Arcadia,. Place is open to traffic, this would be a major problem such as, heavy vehicle traffic and cars exceeding the speed limit. This street has been closed for the past twenty years, leave Arcadia Place intact. Thank you. Sincerely, East 10th and 11th streets residents .oyiw r'x.(4r 0 ad ! 1 6aT 113 465.0 J. •J J. S.1 AEETING DATE May 15.2001 p pm City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 2 'ITEM Tate RESOLUTION OF THE CTTY COUNCIL GIV1NCt NOTICE OF INTENT TO VACATE -•s THE WEST HALF OF ARCADIA PLACE BETWEEN 10m AND 1115 STREETS (APPIICANT: PLAZA MANOR PRESERVATION, L.P.) (CASE FILE NO.: SC-2001-1) PREPARED nvJon Cain - Associate rimnarpEPARTMENT Planning EXPLANATION The owner of the Plaza Manor apartment complex on the north side of Plaza Boulevard east of Euclid requested this vacation for the 30-foot wide west half of Arcadia Place between le and 116 Streets. The street is at the eastern boundary of the apartment complex. The proposal would remit in the construction of a wrought -iron farce along what is presently the centerline of the street to eliminate all access to the apartments from Arcadia Place, le Street, and 1 1* Street Existing bathers in the street that prevent through traffic would be removed, and the east half of the street would be mochSed to allow two-way through traffic withno on -street packing. Ownership of the right-otway would be granted to the applicant if the vacation were approved. This proposal is part of an improvement project for Plaza Manor. A Planned Development Permit and Variance request for the project are des:abed inn separate agenda item. The Planning Commission conducted a public hearing on the item and recommends approval of the street vacation. The next step in the process is Council adoption of a resolution setting a public hearing. —/ X Categ Environmental Review WA orical Exemption EhIsnskritmcmgni N/A Account No. STAFF RECOMMENDATION Staff concurs with the decision of thePluming Commission and recommends that the attached resolution be adopted to schedule a public hearing for the street vacation request. • - BOARD / COMMISSION RECOMMENDATION The Planning Commission voted to recommend approval of the street vacation. Vote Ayes —Unanimous ATTAGHMEP4TS ( Listed Below Resolution 2. Location Map A-200 (9teo) Resolution No, 20131-72 10/1/01 qv Page 2 of 6 RESOLUTION NO. 2001 - 72 A RESOLUTION OF THE CITY COUNCIL OF THE CTTY OF NATIONAL CITY GIVING NOTICE OF INTENT TO VACATE THS WEST HALF OF ARCADIA PLACE BETWEEN 10111 AND Ulm STREETS. (Case File No. SC-2001-1) WHEREAS, the City Council of the aty of National City hereby declares its mina to vacate, pursuant to the provisions of Part 3 of Division 9 of the Streets and Highways Code of California, the west half of Arcadia Place between 10* and 116 Streets, more particadady.descrthed in Exhibits 'A" and "B", attached hereto and incorporated herein as though set forth in full.. NOW, THEREFORE, BE IT RESOLVED by the City Council of the. aty of National aty that the time for hawing any and persons interested in or objecth to the proposed vacation is hereby set for 6:00 p.m., June 12. 2001, in the City Council Chambers in the Civic Center in the aty of National aty, CabTortda. • BE IT FURTHER RESOLVED that the City Engineer of the City of National aty is hereby directed to post notice of the passage of this Resolution andthe time and place of hearing in accordance with law. - PASSED and ADOPTED this 1.11' day of May. 2001. George H. Waters, Mayor At Ifichael R. Dalla, any Clerk APPROVED AS TO FORM: George H. Baer, aty Attorney EMID3IT "A" " vesobitiaa No. 2001-72 10/1/01 Page 3 of 6 STREET VACATION A portion ofEleventh Street and the intersection of Taft and Eleventh per Record of Survey 16303, filed in the Office of the County Recorder of San Diego County, August 13,1999, as Sle Dumber I999-562573, in the City of San Diego, County of San Diego, State ofCallfomia, mote pacdwledy desmbod as follows: BEGINNING at the most Noctheilycomer ofLot 22 of block204 of map348, Wed in the office of the CountyRacorda of San Diego County, October 2,1882, as shown on said Record of Survey; THENCENarth 17'45'55" West, 80.00 feet, to the moat Easiest/ comer ofBloek203 as shown on said rocardofswvey; ' THENCENa14n'14'144East, 80.00foot, tothe most Sweat/caner ofBlock182asshown said Map 34k8; South 11'45'55" East, 80.00 feet, to the most Westerly comer Of Block 181.as shown on said Map 348; THENCE South 72'14'14' West, 80.00 fret. To the POINT OF BEGINNING. CONTAININQ 0.I47 Acres, more or less. Eicpiraticn: 9-30-2004 Page 1 of I rrarawa . Pesolut L *t lb. 2001-72 VICINITY MAP HOT TO SCALE 33.00' EXHIBIT °B• LEGEND i a -i PARE 1 OF 1 INDICATES LIMITS OF STREET VACATION. 6,400.00 SQ. FT. INDICATES LIMITS OF RAILROAD OWNERSHIP AND SDG&BESMT. REC. 1/27/65 AS INST. N0.1543S SAN DIEG0 & ARIZONA EASTERN RAILWAY (MAIN TRACK) 6.59' 37.20' N09'35'35"W N17'45'55"W R = 318.96. L = 37.04' = 06'39'13" ROS 16043- 10/1/01 9: Page 4 of 6 N72' 14' 14."E- BLOCK 203 f co v 24.68' N72.14'10"E 264.46N17'45'55"W1r 58.69' w o �� TAFT AVENUE o .. COp N CLOSED\ .ZOS i6303 3LOCK 2D4 MAF 348 TOM G. BARRINGTON LAND SURVEYING 4976 G`m9ime Lane Fali ook, Glifomia92028 (760) n8-3557 .rt 25-t0phMI Mk PHIL2.0193 PLOT: 07-29-00 STREET VACATION — PORTION OF ELEVENTH STREET AND TAFT Sitttl i1 10/1/01 Page 5 of 6 PROJECT LOCATIM ZONE BOUNDARIES LOCATION MAP PLAZA MINOR OR AFARlOBN7 Al0 TEM =HA FOFARCADIA. ACE NATIONAL CITY PLANNING owl: 4/v20G, DUVAL 1,,G: if1Gf2001 10/1/01 ye Page 2 of 8 f.1 Book 83/Page 142 S115/01. • PROCLAMATIONS (cont.) The Proclamation procbriming the week of May 20-26, 2001, to be: "NATIONAL PUBLIC WORKS WEEK," was then read in its entirety by Mayor Waters, and presented to Public Works Director Burt Myers. The Proclamation proclaiming the week of May 20-26, 2001, to be "EMERGENCY MEDICAL SERVICES WEEK," was also read in its entirety by Mayor Waters, and presented to Battalion Chief Don Condon. CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item Nos. 1 through 3. (Resolution Nos.-2001-71, 2.001-72, 2001-73), and Item No. 4 (Warrant Register No. 45). Motion by Beauchamp, seconded by Innnwa, die Consent Calendar be approved. Carried by unanimous vote. Absent Morrison CONTRACT (C90-26) SOLID WASTE I TRASH (911-1-4) 1. Resolution No. 2001-71. `RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY SCHEDULING A PUBLIC HEARING TO CONSIDER A REQUEST FOR CHANGE IN TRASH SERVICE RATES." (Public Works) ACTION: Adopted. See above. STREET. VACATION (902-33-1) 2. Resolution No. '2001 72. "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL: CITY GIVING NOTICE OF INTENT TO VACATE THE WEST HALF .OF ARCADIA PLACE BETWEEN tom AND i 1Th STREETS (CASE FILE No. SC-2000- 1)•" (Planning) ACTION: Adopted. See above. STREET VACATION (902-34-1) 3. Resolution No. 2001-73. "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY GIVING NOTICE OF INTENT TO VACATE THE INTERSECTION OF TAFT AVENUE Book 83/Page 143 5/15/01 CONSENT CALENDAR (cont.) STREET VACATION (902-34-1) ANT) 11TR RTRFRT (APPi WANT. (RMirWTT Fr ('r1..ro All[" 10/1/01 Page 1 of 5 PM °02.-3-0 City of National City, California • COUNCIL AGENDA STATEMENT Aat21,.29O1 AGENDA ITEM NO. 14 MEETING DATE MUM . RFSOLU•lION AUFHORTZJNO ExEctrnoN OF ORDER TOmVACATE AND • CLOSE THE WEST HALF OF ARCADIA PLA.CE BETWEEN 10 AND 11 STREETS. APPLICANT: PLAZA MANOR PRESERVATION, L.P. CASE FILE NO. SC-2001-1 Eat ABED R7 Jon cab, HENIXISEIff planning rCPLANAT1ON The City Council approved the vacation of the west half of Aroma betweenPlace coe10ion rcad1111* street following a public hearing held on June 12, 2001. The approval _ g the Ito obtain a variance for an 8-foot fence along AtcadiaPlace variance 1,icvent has been appweenorathe apartment complex and the adjacent singlo fsmiy neighbothood. Theby tin Penning (-ne t:wi - a Notice ofDecisoa is included on this Council agenda The licant has satisfied all of the remaining conditions. Street en: t improvement plans w submitted ems met, and an easement has been granted to SDOdtE. Apofthe of thisresolution to the �oftheadjac tPlazaMaaoc complex. action for the street' vacation and anise ownership of the property to be J l nviraanental Review . _N/A financial Statement WA • Account No. ,STAFF RECOMMENDATION QC Adopt the attached resolution. BOARD/COMMISSION RECOMMENDATION WA TTACNMENTS (Listed Below) Resolution Order of Vacation ExhiibitA w.x. (Po. Ifta) Resolution No. 2001' 130 10/1/01 Page 2 of 5 RESOLUTION NO. 2001- 130 RESOLUTION OF THE QTY CCWNQL OF THE QTY OF NATIONAL CITY AUTHORIZING EXECUTION OF ORDER TO VACATE AND CLOSE THE 'WEST HALF OF ARCADIA PLACE BETWEEN 10711 AND 11171 STREETS • CASE FILE NO. SC-2001-1 WHEREAS, the y Council of the (Sty of National City adopted Resolohog Nor 2001-02 on May 15, 2001 declaring its intention to vacate and close portions of the west half of Arcadia Place between 10` and 11` Streets, more pacpalazly described in E hibit A' attached hereto and incorporated herein as• though set forth in full, as more partiailuly described hereafter, in the City of National CSty, County of San Diego, State of California, and WHEREAS, the City Bngioeer of the Cray of National CO, California, has caused notice of said vacation and closure to be posted in the manner specified by law, and WHEREAS, the Planning Cammissbn of the City of National City, California has considered the proposed vacation and closure and has found and determined that the said, proposed vacation and closure of the west half of Arcadia Place between 10a and 11* Streets is in conformity with the City's adopted General Plan; and that said portion of public right-of- way is not useful as a nonmotorizcd transportation faerity, as defined in Section 156 of the Sur Viand Highways Code of California, and is not needed for present or prospective public use WHEREAS, the Cry Council ncil has considered the Planning Common's report and 'recommendation, and the presentation of staff regatdiog the proposed vacation and closureand WHEREAS, all things and acts necessary to be done as required by Part 3 of Division 9 of the Streets and Highways Code of the State of California, in order to abandon said street have been done and accomplished, and WHEREAS, a hearing was held on lone 12, 2001 ie the City Council Chambers of the City of National City, at which time all persons interested in or objecting to the proposed vacation and closure were afforded the opportunity to appear and be heard, and WHEREAS, the City Council at said hearing, found, from all evidence submitted, that said portion of public right-of-way is unnecessary for present or prospective public street purposes, and are not useful as a nonmototized transportation facility, as defined in Section 156 of the California Streets and Highways Code; and Resolution No_ 2001-130 August 21, 2001 Page Two WHEREAS, the City Council at said hearing further found that vacation and Page 3 of 5 closure of said portion of Public right-of-way is in conformity with the adopted General Plan. NOW, THEREFORE, BEIT RESOLVED as follows 1. That the Mayor and City Clerk:no respectively authorized and If:acted to execute and attest an Order to Vacate the above deseffixd portion of public right-of-way. 2. The Cray Clerk is heseby authorized and directed to cause a certified copy of subject order to be recorded in the office of the County Recorder of San Diego Curdy, pursuant Section 8324, Cffifoada Streets and Highways Code. PASSED and ADOPTED this 214 day of August, 2001. - George H. Witten, Mayor ATTEST: Michael R. Dalla, aty Clerk APPROVED AS TO FORM: George H. Ewer, M City Attorney •e.r. LEGAL DESCRIPTION: THAT PORTION Cf THE EAST HALF CF THE NORTHWCST QUARTER OF QUARTER SECTION. 106 OF RANCHO DE LA 14ACION. IN THE CITY OF NATIONAL arr. COUNTY OF SAN DIEGO, STATE Cr CAUFORMA. ACCORDING TO MAP THEREOF NO. 166 ON FIIE IN THE OFFICE CF THE COUNTY REORDER OF SAD COUNTY, DESCF:11313) AS FOLLOWS: . • BEGINNING AT THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER OF SAID. QUARTER SECTION, IN ME CENTER WE OF A PUBUC ucti 80.00 FEET AIDE; THENCE SOUTH l8t31'23- EAST (RECORD SOUTH 19EAST), 631.68 FEET ALONG. THE EASTERLY UHE OF SAD NORTMEST QUARTER OF SAID QUARTER SECTION TO THE TRUE POINT OF BEGINNING. THE TRUE POINT OF BEGINNING ALSO BEIM ON THE CENTERLINE OF ARCADIA PLACE. THE RIGHT-OF-WAY OF ARCAIXA PLACE =wet Aft an prrr WI wan+ 10/1/01 Page 4 of 5 W•• vw•••• • 'V.•• ••• •••v•••, THENCE LEAVING SAID EASTERLY LINE SOUTH 7116;22 WEST, 30.00 FEET ALONG THE WESTERLY PROLONGATION OF THE NORTHERLY RIGHT-OF-WAY LINE CV TENTH SimxG THE RIGHT-OF-WAY OF TENTH S.ritti BEING•60.00 FEET IN YAD1 • THENCE SOUTH 18.31'23" EAST, 302.50 FEET ALONG A LINE 30.00 FEET•WEST OF AND PARALLEL TO SAID EASTERLY LNE; THENCE NORTH 7116'22" EAST, 30.00 FEET ALONG THE WESTERLY PROLONGATION OF THE SOUTHERLY -RIGHT-OF-WAY UNE OF ELEVENTH suet', THE RIGHT-OF-WAY OF ELEVEIITN Stitt' BEING 60.00 FEET IN WIDTH, TO A POINT ON SAD EASTERLY UNE, SAID POINT ALSO BEING ON THE OENTERUNE QF ARCADIA THENCE NORTH 18'31'23" WEST, 30250 FEET ALONG SAID EASTERLY LINE IHE TO THE TRUE POINT OF BEGINNING. . • THE ABOVE DESCRIBED AREA HAVING AN AREA OF 9075.00 SQUARE .FEET, MORE OR LESS. Enuarr - "ht!, • A �gA" iece."G M LEGAL. DESCRIPTION ' • PROPOSE) YACAl101I OF ARCADIA Sec` .......:. .. .. '::`.' .....:Yv •.�__ mow::-4=0: SIT "A" 10/1/01 Page 5 of 11 PARKING ON THE SOUTH SIDE OF 14Th STREET BETWEEN NATIONAL CITY BOULEVARD AND HOOVER AVENUE (J. CURRIE, TSC ITEM NO.2001-28)." (Engineering) ACTION: Adopted. See above. PARKING DISTRICT ADMEN (801-1-1) 10. Resolution No. 2001-126. "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO EXPAND PARKING DISTRICT "A" BY TWO PROPERTIES ON 21" STREET TO THB EAST OF "A" AVENUE?' (Engineering) ACTION: Adopted. See above. Book 83/Page 227 8/21/01 CONSENT CALENDAR (coat) CONTRACT (C2001-41) 11. Resolution No. 2001-127. "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO SRM CONSTRUCTION AND PAVING FOR THE NATIONAL CITY STREET RESURFACING PROJECT (ENGINEERING SPEC. NO. 00-8)." (Engineering) ACTION: Adopted. See above. CONTRACT (C2001-42) 12. Resolution No. 2001-128. "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE PROGRAM SUPPLEMENT AGREEMENT NO. M004 TO ADMINISTERING AGENCY - STATE AGREEMENT NO. 11-5066 FOR THE PLAZA BOULEVARD WIDENING PROJECT (FEDERAL AID PROJECT NO. STPL-5066-011)." (Engineering / Public Works) ACTION: Adopted. See. above. SUBDIVISION (SE CORNER 9m / PARADISE DR) (415-31-1) 13. Resolution No. 2001-129. "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE FINAL SUBDIVISION MAP FOR THE PARADISE KNOLL SUBDIVISION AT THE SOUTHEAST CORNER OF NINTH STREET AND PARADISE DRIVE, AND ACCEPTING A DEDICATION OF PROPERTY ;FOR PUBLIC RIGHT-OF-WAY PURPOSES." (Engineering) ACTION: Adopted. See above. STREET VACATION (902-33-1) 14. Resolution No. 2001-130. "RESOLUTION OF THE CITY CflflNC.iT. flF THR CITY CIF NATTf14TAT. CITY ATTT'FTIRi7.iNG 10/1/01 Page 6 of 11 EXECUTION OF ORDER TO VACATE AND CLOSE .THE WEST HALF OF ARCADIA PLACE BETWEEN 101B AND 111B STREETS (CASE FILE NO. SO.2001-1)." (Planning) ACTION: Adopted. See above. Book 83/Page 228 8/21/01 CONSENT CALENDAR (coat.) WARRANT REGISTER (202-1-16) 15. Warrant Register #06. Ratification of Demands in the amount of $1,140,404.20. (Finance) ACTION: Approved. See above. WARRANT REGISTER (202-1-16) 16. Warrant Register #07. Ratification of Demands in the amount of $314,667.57. (Finance) ACTION: Approved. See above. FINANCIAL MANAGEMENT 2001 (204-1-16) 17. SUBJECT: Consolidated each and Investment Report as of April 30, 2001. (Finance) ACTION: Accepted and filed. See above. CLAIMS (501-1-145) 18. SUBJECT: Claims for Damages: Maria A. Barrios. (City Clerk) ACTION: Denied. See above. CLAIMS (501-1-145) 19. SUBJECT: Claim for Damages: Eric Wayne Smith. (City Clerk) ACTION: Denied. See above. NON CONSENT RESOLUTIONS BUDGET FY 2001-2002 (206-1-17) 20. Resolution No. 2001-131. "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AN INTERBUDGET ADJUSTMENT REQUEST (IBAR) APPROPRIATING $1,260,247 FROM SEWER UNDESIGNATED FUND BALANCE ACCOUNT 125-2501 TO WASTEWATER ACCOUNT 125-422-222-272 SEWER TRANSPORTATION AND TREATMENT." (Public Works) RECOMMENDATION: Staff recommended approval. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Tmmra, to approve the Resolution. Carried by unanimous vote. Page 3 of 11 ,r applicant, requested the City consider allowing Kleen Blast to bond for the sewer lateral and allow use of the portable facilities until a line is extended to the site. ACTION: Motion by Morrison, seconded by Soto, in favor of Option #4 in the staff report (extension of the existing gravity ;ewer main within the public right-of-way along Bay Marina Drive to the eastern most property line of 920 Bay Marina Drive. with the applicant to make a 54.000 refundable deposit for lateral, and the Item to come back to Council if not completed within 12 months. Carried by unanimous vote. CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item Nos. 2 through 14 (Resolution Nos. 2001-118 through 2001-130), Item Nos. 15 and 16 (Warrant Register Nos 06 and 07), Item No. 17 (Consolidated Cash and Investment Report), Item Nos. 18 and 19 (Claims for Damages). Motion by Morrison, seconded by 1n7lvwa the Consent Calendar be approved with a gall correction to No. 11 regarding the account number. Carried by unanimous vote. CONTRACT (C2001-38) 2. Resolution No. 2001-118. "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A LEASE BETWEEN THE CITY OF NATIONAL CITY AND THE NATIONAL CITY ADULT SCHOOL" (Public Works) ACTION: Adopted. See above. CONTRACT (C2001-39) 3. Resolution No. 2001-119. "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DISPENSING WITH THE BIDDING PROCESS AND AUTHORIZING ACCEPTANCE OF A PROPOSAL FROM PARRON HAIL FOR Book 83/Page 225 8/21/01 CONSENT CALENDAR (cont.) CONTRACT (C2001-39) ERGONOMICALLY ENGINEERED DISPATCH WORK STATIONS AND RESCINDING RESOLUTION NO. 2001-90." (Police) ACTION: Adopted. See above. BLOCK GRANT PROGRAM ADMIN 2001 (406-1-16) 4. Resohition No. 2001-120. "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO SUBMIT THE LOCAL LAW ENFORCEMENT BLOCK GRANT APPLICATION TO THE U.S. 10/1/01 .6 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 16, 2001 AGENDA ITEM NO. 9 ITEM TITLE CONSIDER JOINING AMICUS CURIAE BRIEFS IN ALFORD V. SUPERIOR COURT, BARDEN V. CITY OF SACRAMENTO AND LOEWENSTEIN V. CITY OF LAFAYETTE PREPARED BY EXPLANATION George H. Eiser, lII DEPARTMENT City Attorney Please see attached memorandum. ( Environmental Review X N/A Financial Statement There is no cost to the City. Approved By: Finance Director Account No. STAFF RECOMMENDATION Authorize the City Attorney to have National City participate as an amicus curiae. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Memorandum. A-200 (9/99) City of National City Office of the City Attorney 1243 National City Boulevard, National City, CA 91950-4301 George H. Eiser, Ill • City Attorney (619) 336-4220 Fax (619) 336-4327 TDD (619) 336-1615 TO: Mayor and City Council DATE: October 16, 2001 FROM: City Attorney SUBJECT: Joining National City as an Amicus Curiae in Alford v. Superior Court, Barden v. City of Sacramento and Loewenstein v. City of Lafayette The Legal Advocacy Committee of the League of California Cities has taken action to urge all cities to join as an amicus curiae in the following cases: 1. Alford v. Superior Court Statutory and case law establishes a procedure for investigation and retention of citizen complaints of excessive force against police officers. Statutory and case law further provides for disclosure of such information pertaining to arresting police officers in certain criminal cases, if specified criteria are met. Typically, such information, when released at all, is released only in the particular case in which it is sought. The issue presented in the Alford case, which arose in San Diego County out of a City of San Diego matter, is whether the information released may be used in other cases. The appellate court decided in favor of the City of San Diego. The Alford case is pending before the California Supreme Court. 2. Barden v. City of Sacramento The plaintiff/appellants brought this action against the City of Sacramento, alleging violations of the ADA and state civil rights laws arising out of the City's design and maintenance of its sidewalk system. The plaintiff/appellants alleged that the City violated their rights by failing to install proper curb ramps at intersections, failing to maintain sidewalks in compliance with ADA regulations, and failing to prepare and implement a proper Self -Evaluation and Transition Plan in conformance with ADA regulations. The City of Sacramento maintains that its Transition Plan for Curb Ramps, which sets forth the City's plans for installing and modifying curb ramps at intersections, complies with the ADA regulations, and that it is not required to bring its entire sidewalk system into compliance with current accessibility standards. The City's position is that the ADA and its enabling regulations apply only to public facilities and structures where public "programs" are offered, and that existing city sidewalks do not constitute a program. The federal trial court ruled in favor of the City's position; the appeal is pending before the Ninth District Court of Appeals. ® Recycled Paper National City as an Amicus Curiae October 16, 2002 Page Two 3. Loewenstein v. City of Lafayette This case involves the issue of whether a property owner is entitled to inverse condemnation damages for a temporary taking arising out of a City's delay in approving a lot line adjustment. The plaintiff owns a three -acre parcel that is part of a subdivision limited to four building sites. A condition of the subdivision's approval prohibited further subdivision of the four lots without City approval. After building his home and living there for 10 years, the property owner acquired an abandoned water district tank site for the purpose of combining it with his existing three -acre residential parcel and then splitting the resulting parcel into two residential parcels. The property owner thus sought to use the lot line adjustment process, thereby avoiding the subdivision process, to create a fifth building site in the subdivision. After the City denied the property owner's application for a lot line adjustment, the property owner filed a legal action asserting two claims: a writ of mandate to compel the City to grant the lot line adjustment and an inverse condemnation claim for damages. The trial court granted the petition for writ of mandate and held, following the trial of the inverse condemnation claim, that the City's denial of the application for a lot line adjustment deprived the property owner of substantially all economically viable use of his property. The trial court awarded damages in the amount of $611,666.66. The City then rescinded its previous denial of the lot line adjustment. The City's position on appeal is that there was no taking because (1) the plaintiff sought relief in court on the denial of his lot line adjustment without having first sought a development application, (2) established case law provides that an erroneous but good faith denial of a lot line adjustment does not constitute a taking, and (3) denial of the lot line adjustment did not deprive the property owner of all use of his property, but resulted in a diminution of value, which does not constitute a taking. Loewenstein is pending before the California Court of Appeal, First Appellate District. GEORGE H. EISER, III City Attorney GHE/gmo City of National City, California COUNCIL AGENDA STATEMENT :AEETING DATE OCTOBER 16, 2001 10 AGENDA ITEM NO. / ITEM TITLE REQUEST FOR DIRECTION FROM CITY COUNCIL REGARDING THE DRAFT LEASE AGREEMENT BETWEEN CALTRANS AND THE CITY OF NATIONAL CITY FOR THE PROPERTY LOCATED AT THE NORTHWEST CORNER OF THE PALM AVENUE AND DIVISION STREET INTERSECTION . "THE BRIDGE PROPOSAL" PREPARED BY RHONDA DARLING DEPARTMENT PUBLIC WORKS/ENGINEERING EXPLANATION See attached Environmental Review N/A Financial Statement The ten-year cost of the lease is $5,120. There are two ten-year renewal terms allowed by the lease. The lease requires that any rent charged to subleasees by the City must be forwarded to the State.We are seeking only direction at this time, but once the lease has been approved by City Council, a funding source for the lease must be identified. Account No. Approved By: Finance Director STAFF RECOMMENDATION We are recommending City Council rev' w the cached lease, and if acceptable, authorize the Mayor to sign the lease. ‘AA I !WARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) Proposed Lease Resolution No. Bpi A-200 (9;99) Explanation: The City has been working with Caltrans to obtain a lease for the property at Division Street and Palm Avenue. Once the City has obtained the lease, we will sub -lease the airspace for community -benefit and social service purposes, in accordance with State Senate Bill 160. Over the last 1 1/2 year time period, City staff has been involved in on -going discussions with Caltrans regarding the language of the lease. Attached is the final product. We are now presenting the proposed lease provisions to City Council to decide on whether or not to accept the lease as it has been written. After the lease with Caltrans is finalized and executed by the City, the City can then negotiate sub -leases for non-profit, community -benefit type use of the property. It should be noted that although this lease conforms with SB160, it will be difficult to negotiate sub -leases for this property due to the use restrictions in the proposed lease between Caltrans and the City of National City. The proposed lease severely limits the usability of the site by a number of conditions. These conditions include that Caltrans wants a full set of project plans before rights to the property are secured by a sub -lease; Caltrans and the Federal Highway Administration must review and approve any sub -tenant; sub -tenant has 180 days to vacate all or part of the premises if any portion of the property will be affected by an "Approved and Funded Transportation Project;" three ten-year lease terms may not be economically feasible; lease does not address who is responsible for on -site hazardous substances at the start date of the lease; there are physical constraints of putting any structure adjacent to the bridge; and, all improvements constructed on the premises by the Tenant shall become the property of the State once the lease expires or is terminated. The lease was written by the local Caltrans office. The lease has undergone numerous revisions as requested by both the City and Caltrans headquarters in Sacramento. All responsible divisions of Caltrans have now reviewed the lease and agree with the terms. Caltrans has stated that this is the final product for consideration. STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION AIRSPACE GROUND LEASE FOR COMMUNITY BENEFIT AND SOCIAL SERVICE PURPOSES LEASE AREA NO.11-SDX805-12 THIS LEASE is written pursuant to legislative act by the State of California known as State Senate Bill 160, also known as the State Budget Bill of 1999, items 14(a), 14(b) and 14(c), which state, (14a) "The Department may lease the airspace under the interchange at Palm Avenue and Division Street in San Diego County to any city, county, or other political subdivision, or any state agency, for community - benefit and social service purposes. The Department may provide information to those entities regarding the lease of that airspace for that use. The lease shall be for $1 per month. The lease amount may be paid in advance of the term covered in order to reduce the administrative costs associated with the payment of the monthly rental fee." 14(b) "This lease shall also provide for the cost of administering the lease. The administrative fee shall not exceed $500 per year unless the department determines that a higher administrative fee is necessary." 14(c) "Upon request of the City of National City, the department may renew the lease for the period requested by the city, but not exceed 10 years, and may, subsequent to that renewal, agree to not more than two additional renewals of not more than 10 years each." THIS LEASE dated September 1, 2001 is by and between the STATE OF CALIFORNIA, acting by and through its Department of Transportation, hereinafter called "Landlord," and CITY OF NATIONAL CITY, hereinafter called "Tenant." WITNESSETH For and in consideration of the rental and of the covenants and agreements hereinafter set forth to be kept and performed by the Tenant, Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the Premises herein described for the term, at the rental and subject to and upon all of the terms, covenants and agreements hereinafter set forth. ARTICLE 1. SUMMARY OF LEASE PROVISIONS LANDLORD: DEPARTMENT OF TRANSPORTATION TENANT: CITY OF NATIONAL CITY PREMISES: Near the interchange of Highway 805, Palm Avenue and Division Street located in National City and City of San Diego, County of San Diego, State of California, known to Landlord as 11-SD-805-12 and more particularly described in Article 2 of this lease. LEASE TERM: Ten (10) years, commencing September 1, 2001 and expiring on August 31, 2011 (Article 3), plus two (2) additional ten-year (10-year) renewal options beginning September 1, 2011 and ending August 31, 2031 if elected. RENT: $1.00 per month, plus $500.00 per year administrative fee (Article 4) ADJUSTMENT TO RENT: Adjustments may be made for change in use or assignment of this Lease (Article 4). USE: Community Benefit and Social Service Purposes. LIABILITY INSURANCE: $5 Million (tticle 9). Tenant may self -insure. LEASE AREA No. 11-SDX805-12 ADDRESS FOR NOTICES: (Article 19) To Landlord: DEPARTMENT OF TRANSPORTATION, DISTRICT 11 — RIGHT OF WAY, MS 54 PO Box 85406 San Diego, CA 92186-5406 To Tenant: CITY OF NATIONAL CITY, CITY MANAGER 1243 National City Boulevard National City, CA 91950 References in this Article 1 to the other Articles are for convenience and designate other Articles where references to the particular item contained in the Summary of Lease Provisions appear. Each reference in this Lease to the Summary of Lease Provisions contained in this Article 1 shall be construed to incorporate all of the terms provided under the Summary of Lease Provisions. In the event of ary conflict between the Summary of Lease Provisions and the balance of the Lease, the latter shall control. ARTICLE 2. PREMISES Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, for the term, upon the covenants and conditions hereinafter set forth, those certain premises known as Area No.11-SDX805-12, situated in the City of National City and City of San Diego, Diego, said land or interest therein being shown on the map or plat marked "Exhibit A," and by this reference made a part hereof, and more particularly described as follows:" All that certain real property situated, lying, and being in the City of San Diego and National City, County of San Diego, State of California, described as: at the rent, and Airspace Lease County of San attached, hereto, in the "City of THAT portion of lot 70, of Ex Mission Lands of San Diego (commonly called Horton's purchase), according to map thereof No. 283, filed in the San Diego County recorder's Office, on March 9, 1878, conveyed to the State of California in a deed recorded on May 21, 1971, as File No. 105932 in said Recorder's Office, TOGETHER WITH that portion of said Lot 70 conveyed to the State of California in a Final Order of Condemnation recorded on May 16, 1972, 183419 in said recorder's Office, TOGETHER WITH that portion of said Lot 70 conveyed to the State of California in a deed recorded on December 31, 1969, as File No. 236282 in said Recorder's Office, TOGETHER WITH that portion of said Lot 70 conveyed to the State of California in a deed recorded on November 13, 1969, as File No. 207832 in said Recorder's Office, TOGETHER WITH that portion of said Lot 70 conveyed to the State of California in a deed recorded on October 6, 1970, as File No. 181572 in said Recorder's Office, TOGETHER WITH Lot 3 and portions of Lots 1,2,4,5, and 31, according to map thereof No. 3153, filed on November 4, 1954, in said County Recorder's Office, conveyed to the State of California in a Final Order of Condemnation recorded April 26, 1972, as file No. 103745 in said Recorder's Office, TOGETHER WITH a portion of Lots 1 and 2 of Millerton, according to map thereof No. 1608, filed on November 7, 1913, in said County Recorder's Office, conveyed to the State of California in a deed recorded on August 14, 1970, as File No. 144917 in said County Recorder's Office , All lying withiv-the following described area:o, BEGINNING at the Northwesterly terminus of that course shown as "N.59°31'47"W. 107.30 feet" in Parcel-9 of Relinquishment No. 24006 to the City of National City, recorded on, September 2, 1975 as File No. 75-235593 in said County Recorder's Office; LEASE AREA No. 11-SDX805-12 Thence (1) along the Northeasterly line of said Parcel-9, from a tangent which bears S. 72°15'46"W., along a curve to the right, having a radius of 30.00 feet, through a central angle of 63°58'57", an arc distance of 33.50 feet; thence (2) leaving said curve and continuing along said Northeasterly line N.43°45' 17"W. beginning of a tangent curve to the right, having a radius of 599 feet; thence (3) continuing along said Northeasterly line, along said curve to the right, through 10°57'28", an arc distance of 114.56 feet; thence (4) leaving said Northeasterly line along the Northerly extension of said curve angle of 47°55'02", and an arc distance of 500.96 feet; thence (5) N. 67°17'50" E., 54.00 feet; thence (6) S.25°05'02" E., 463.03 feet thence (7) S.33°56'57"E., 384.76 feet; thence (8) S72°15'46"W., 121.48 feet to the POINT OF BEGINNING. Containing 3.110 acres, more or less. , 244 feet, to the a central angle of through a central The bearings and distances used in the above description are on the California Coordinate System of 1927, Zone 6. Multiply all distances shown by 0.9999942 to obtain ground level distances. EXCEPTING THEREFROM all those portions of the above -described property occupied by the supports and foundations of the existing structure. ALSO EXCEPTING THEREFROM all that portion of said property above a horizontal plane five (5) feet below the underside of the superstructure of the existing structure, which plane extends to a line fifteen (15) feet, measured horizontally, beyond the outermost protrusion of the superstructure of said existing structure, as shown on the diagram marked exhibit "B," attached hereto and by this reference made a part hereof. This Lease is subject to (1) all easements, covenants, conditions, restrictions, reservations, rights of way, liens, encumbrances and other matters of record, (2) all matters discoverable by physical inspection of the Premises or that would be discovered by an accurate survey of the Premises and (3) all matters known to Tenant or of which Tenant has notice, constructive or otherwise including, without limitations, those shown on Exhibit "A" attached hereto and made a part thereof. ARTICLE 3. TERM The term of this Lease shall be for ten (10) ygprs, commencing September 1, 2001 and expiring on August 30, 2011. Tenant may renew this Lease for two (2) additional ten-year (10-year) terms. Tenant shall provide Landlord with written notice of its intent to renew the Lease not later than thirty (30) days before the expiration of the term or the expiration of the first renewal period, as applicable. Page 3 of 26 LEASE AREA No. 11-SDX805-12 ARTICLE 4. RENT 4.1 Rent Tenant shall pay to Landlord, without deduction, setoff, prior notice, or demand, the sum of $1.00 a month in advance for ten (10) years, plus $500 stipulated annual processing fee in advance for ten (10) years, totaling $5,120.00, as payment in full for the initial ten-year term. In accordance with section 104.21 of the Streets and Highways Code, this total sum includes rent in the sum of $120.00 and administrative costs in the sum of $5000.00. If, pursuant to Article 3, Tenant requests renewal of the lease for an additional term, Tenant shall pay to Landlord as rent the sum of $5,120.00 before the commencement of the additional term. Landlord recognizes that Tenant may sublease all or part of the premises. All rent received by Tenant from any such subtenants shall be immediately and irrevocably assigned and paid to Landlord as rent in addition to any other amounts paid by Tenant under the terms of this Lease. All rents shall be made payable to the Department of Transportation and delivered to the DEPARTMENT OF TRANSPORTATION, Cashier, PO Box 168019, Sacramento, CA 95816-3819. 4.2 Reevaluation on Change in Use Landlord expressly reserves the right to establish a new minimum monthly rent in the manner provided in Section 4.4 as a condition to Landlord's approval of any use of the leased premises not specifically permitted by Section 5.1 and as a condition to any amendment to or changes in the uses permitted by that section. If such reevaluation is made, the provisions of Section 4.4 shall be followed except that in determining the fair market lease rate the appraisers shall also be instructed to consider the new uses to which the premises may be put as a result of Landlord's approval of those additional uses. 4.3 Reevaluation on Transfer Landlord expressly reserves the right to establish a new minimum monthly rent in the manner provided in Section 4.4 as a condition to Landlord's approval of any transfer, or assignment of this Lease. 4.4 Establishment of New Minimum Monthly Rent If Landlord elects not to terminate the Lease upon a change in use or upon assignment, sublease, encumbrance or transfer, a fair market lease rate shall be determined in the manner set forth below and shall be established as the minimum monthly rent commencing on the effective date of the change in use or the effective date of the assignment, sublease, encumbrance or transfer. The term "fair market lease rate" means the highest lease rate estimated in terms of money which the leased premises, excluding improvements constructed by Tenant thereon, would bring if exposed for lease in the open market, with a reasonable time allowed to find a tenant, leasing with full knowledge of the purpose and uses to which the leased premises is being put and the restrictions on use contained in Section 5.1 of this lease. The parties intend to establish the fair market lease rate through negotiation. However, if Landlord and Tenant have not agreed upon the fair market lease rate for the leased premises at least one -hundred eighty (180) days before the date of the scheduled commencement of the new minimum monthly rent as set forth above, then each party shall appoint an appraiser, who is a member of the American Institute of Real Estate Appraisers (M.A.I.) and who has appraised property put to commercial or industrial uses in San Diego County, and notify the other party of such appointment. Each party shall use its best efforts to give the notice of appointment to the other party at least one hundred fifty (150) days before the said., commencement date. �g- Landlord shall set the time and place for a conference between the parties hereto and said two appraisers, which conference shall be held within thirty (30) days of the receipt of notice of appointment by both parties. At such conference, the parties shall agree upon the general instructions to be given to said appraisers. The appraisers shall be instructed that in determining the fair market lease rate they shall LEASE AREA No. 11-SDX805-12 consider the use to which the premises are being put and shall not consider the highest and best use for the premises without regard to the restrictions on use of the premises contained in the Lease. It is theintent of the Landlord and Tenant that the rent payable under this Lease not be less then the fair market rental value of the leased premises, and the purpose of Section 4.2 is to assure the establishment of this rent and to prevent a bonus value from accruing to either party. The appraisers shall be instructed as to this intent. The general instructions shall not place any additional limitations upon the appraisal techniques to be employed by the appraisers in the evaluation of the rent. Within forty-five (45) days after receiving said instructions, each of the appraisers shall deliver copies of a fully -documented signed written report containing an opinion of the fair market lease rate for the leased premises to Landlord and Tenant. When in receipt of both appraisals, Landlord shall set a time and place for a conference. Those to be in attendance at the conference shall include: (a) representatives of Landlord, (b) representative of Tenant, and (c) the two appraisers. The parties shall endeavor to reach agreement on the adjusted rent. If the parties cannot agree on the amount of the adjusted rent, the Landlord's and Tenant's appraisers shall select a third appraiser. Said third appraiser shall be allowed access to the two reports, shall prepare a third appraisal, and shall submit one copy of same to Landlord and Tenant within thirty (30) days of his selection as appraiser. Landlord and Tenant shall each pay for their respective appraisals and, if a third appraisal is necessary, each shall pay one-half (1/2) of the fees and expenses for said third appraisal. The determination of the • fair market lease rate for the leased premises by the third appraiser, as documented in his signed written report submitted to the parties, shall be binding on Landlord and Tenant. The signed report shall be received at least thirty (30) days before the date of the scheduled commencement of the new minimum monthly rent as set forth above or on such other date upon which the parties shall have agreed. It is the intent of Landlord and Tenant that the time limitations specified in Section 4.2 are guidelines only and not mandatory. The failure to meet any of the time limitations set forth in Section 4.2 shall not prevent a reevaluation from occurring so long as Landlord requests the reevaluation prior to the scheduled commencement date of the new minimum monthly rent. If the fair market lease rate for the leased premises shall not have been determined prior to the date of the scheduled commencement of the new minimum monthly rent as set forth above, Tenant shall continue to pay the same rent as was being paid in the preceding period until a final determination has been made. Within thirty (30) days after such final determination is made, Tenant shall pay to Landlord the amount of difference between the rent actually paid during the period between the scheduled date of commencement of the new minimum monthly rent and the date the fmal determination is made and the amount of rent which should have been paid had the determination of the new minimum monthly rent been timely. Such payment shall include interest thereon at a rate one percent (1%) above the discount rate of the Federal Reserve Bank of San Francisco from the date of the scheduled commencement of the new minimum monthly rent until payment is made. For the purposes of this section, the applicable Federal Reserve Board discount rate shall be that which exists on the date of the scheduled commencement of the new minimum monthly rent. ARTICLE 5. USE 5.1 Specified Use The premises shall be used and occupied byTenant only and exclusively for Community Benefit and Social Services Purposes and for no other purpose whatsoever without obtaining the prior written consent of Landlord and the concurrence of the Federal Highway Administration. Landlord expressly reserves the right to establish a new minimum monthly rent in the manner provided in Section 4.2 and 4.3 as a condition to landlord's approval of any use of the premises not specifically permitted by this section. Page 5 of 26 LEASE AREA NO.11-SDX805-12 5.2 Condition of Premises Tenant hereby accepts the Premises in their condition existing as of the date of the execution hereof, subject to all existing and future applicable zoning, municipal, county, state and federal laws, ordinances and regulations governing and regulating the use of the Premises, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Tenant acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the condition of the Premises or the suitability thereof for the conduct of Tenant's business, nor has Landlord agreed to undertake any modification, alteration or improvement to the Premises except as provided in this Lease. (a) Except as may be otherwise expressly provided in this Lease, Tenant agrees to accept the Premisesin its presently existing condition "as is", and that the Landlord shall not be obligated to make any improvements or modifications thereto except to the extent that may otherwise be expressly provided in this Lease. (b) Tenant represents and acknowledges that it has made a sufficient investigation of the conditions of the Premises existing immediately prior to the execution of this Lease (including investigation of the surface, subsurface and groundwater for contamination and hazardous substances) and is satisfied that the Premises will safely support the type of improvements to be maintained by Tenant upon the Premises, that the Premises are otherwise fully fit physically and lawfully for the uses required and permitted by this Lease and that Tenant accepts all risks associated therewith. C Tenant acknowledges that (1) Landlord has informed Tenant prior to commencement of the term of this lease that Landlord does not know nor has reasonable cause to believe that any release of hazardous substance has come to be located on or beneath the premises; (2) Landlord has provided Tenant access to the premisesfor purposes of providing to Tenant the opportunity to investigate, sample and analyze th soil and groundwater on the premises for the/presence of hazardous substances; (3) by signing this Least_ Tenant represents to Landlord that, except as otherwise may be stated on Exhibit "C" attached hereto and by this reference incorporated herein, Tenant does not know nor has reasonable cause to believe that any release of hazardous substance has come to be located on or beneath the Premises and (4) with respect to any hazardous substance which Tenant knows or has reasonable cause to believe will come to be located on or beneath the Premises, Tenant has listed the hazardous substance on attached Exhibit"C" and agrees to promptly commence and complete the removal of or other appropriate remedial action regarding the hazardous substance at no cost or expense to Landlord and in full compliance with all applicable laws, regulations, permits, approvals and authorizations. The phrase ""hazardous substance", as used herein, has the same meaning as that phrase has under Section 25359.7 of the California Health and Safety Code. (d)Tenant agrees that, except as otherwise expressly provided in this Lease, Tenant is solely responsible without any cost or expense to the Landlord to take all actions necessary, off as well as on the premises to improve and continuously use the Premises as required by this Lease and in compliance with all applicable laws and regulations. 5.3 Compliance with Law Tenant shall not use the premises or permit anything to be done in or about the premises which will in any way conflict with any law, statute, zoning restriction, ordinance or governmental rule or regulation or requirements of duly constituted public authorities now in force or which may hereafter be in force, or with the requirements of the State Fire Marshal or other similar body now or hereafter constituted, relating to or affecting the condition, use or occupancy of the premises. The judgment of any court of compete ---- jurisdiction or the admission of Tenant in anfaction against Tenant, whether Landlord be a party there. or not, that Tenant has violated any law, statute, ordinance or governmental rule, regulation or requirement, shall be conclusive of that fact as between Landlord and Tenant. Tenant shall not allow the premises to be used for any unlawful purpose, nor shall Tenant cause, maintain or permit any nuisance in, LEASE AREA No. 11-SDX805-12 on or about the premises. Tenant shall not commit or suffer to be committed any waste in or upon the premises. 5.4 Petroleum Products Tenant shall not install facilities for, nor operate on the land above or below a highway or freeway, a gasoline or petroleum supply station, nor shall the transportation or storage of gasoline or petroleum products be permitted under the structures, except those products stored within an operable vehicle for exclusive use by that vehicle. 5.5 Explosives and Flammable Materials The premises shall not be used for the manufacture of flammable materials or explosives, or for any storage of flammable materials, explosives or other materials or other purposes deemed by Landlord to be a potential fire or other hazard to the transportation facility. The operation and maintenance of the leased premises shall be subject to regulations of Landlord so as to protect against fire or other hazard impairing the use, safety and appearance of the transportation facility. The occupancy and use of the area shall not be such as will permit hazardous or unreasonably objectionable smoke, fumes, vapors or odors to rise above the surface of the traveled way of the transportation facility. 5.6 Hazardous Materials Tenant shall at all times and in all respects comply with all federal, state and local laws, ordinances and regulations, including, but not limited to, the Federal Water Pollution Control Act (33 U.S.C. section 1251, et seq.), Resource Conservation and Recovery Act (42 U.S.C. section 6901, et seq.), Safe Drinking Water Act (42 U.S.C. section 300f, et seq.), Toxic Substances Control Act (15 U.S.C. section 2601, et seq.), Clean Air Act (42 U.S.C. section 7401, et seq.), Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. section 9601, et seq.), Safe Drinking Water and Toxic Enforcement Act (California Health and Safety Code section 25249.5, et seq.), other applicable provisions of the California Health and Safety Code (section 25100, et seq., and section 39000, et seq.), California Water Code (section 13000, et seq.), and other comparable state laws, regulations and local ordinances relating to industrial hygiene, environmental protection or the use, analysis, generation, manufacture, storage, disposal or transportation of any oil, flammable explosives, asbestos, urea formaldehyde, radioactive materials or waste, or other hazardous, toxic, contaminated or polluting materials, substances or wastes, including, without limitation, any "hazardous substances" under any such laws, ordinances or regulations (collectively "Hazardous Materials Laws"). As used in the provisions of this Lease, "hazardous materials" include any "hazardous substance" as that term is defined in section 25316 of the California Health and Safety Code and any other material or substance listed or regulated by any Hazardous Materials Law or posing a hazard to health or the environment. Except as otherwise expressly permitted in this Lease, Tenant shall not use, create, store or allow any hazardous materials on the premises. Fuel stored in a motor vehicle for the exclusive use in such vehicle is excepted. In no case shall Tenant cause or allow the deposit or disposal of any hazardous materials on the Premises. Landlord, or its agents or contractors, shall at all times have the right to go upon and inspect the Premises and the operations thereon to assure compliance with the requirements herein stated. This inspection may include taking samples of substances and materials present for testing, and/or the testing of soils or underground tanks on the Premises. In the event Tenant breaches any of the provisions of this Section, this Lease may be terminated immediately by Landlord and be of no further force or effect. It is the intent of the parties hereto that Tenant shall be responsible for and bear the entire cost of removal and disposal of hazardous materials introduced to the Premises during Tenant's period of use and possession as owner, operator or Tenant of the Premises. Tenant shall also be responsible for any clean up and decontamination on or off the Premises necessitated by the introduction of such hazardous materials on the Premises. Tenant shall not be responsible for or bear the cost of removal or disposal of hazardous materials introduced to the Premises by any party other than Tenant during Page 7 of 26 LEASE AREA NO.11-SDX805-12 any period prior to commencement of Tenant's period of use and possession of the Premises as owner, operator or Tenant. Tenant shall further hold Landlord, and its officers and employees, harmless from all responsibility,,, liability and claim for damages resulting from the presence or use of hazardous materials on the Premises during Tenant's period of use and possession of the Premises. Landlord shall be responsible for removal of hazardous materials introduced to the leased premises from a highway accident or other occurrence on the overhead freeway structure. 5.7 Signs Tenant shall not construct, erect, maintain or permit any sign, banner or flag upon the premises without the prior written approval of Landlord. Tenant shall not place, construct or maintain upon the premises any advertising media that include moving or rotating parts, searchlights, flashing lights, loudspeakers, phonographs or other similar visual or audio media. The term "sign" means any card, cloth, paper, metal, painted or wooden sign of any character placed for any purpose on or to the ground or any tree, wall, bush, rock, fence, building, structure, trailer or thing. Landlord may remove any unapproved sign, banner or flag existing on the premises, and Tenant shall be liable to and shall reimburse Landlord for the cost of such removal plus interest from the date of completion of such removal. 5.8 Landlord's Rules and Regulations Tenant shall faithfully observe and comply with the rules and regulations that Landlord shall from time to time promulgate for the protection of the transportation facility and the safety of the traveling public. Landlord reserves the right from time to time to make reasonable modifications to said rules and regulations. The additions and modifications to those rules and regulations shall be binding upon Tenant upon delivery of a copy of them to Tenant. 5.9 Wrecked Vehicles Tenant shall not park or store wrecked or inoperable vehicles of any kind on the leased premises. 5.10 Vending Tenant shall not conduct or permit the vending or sale of any goods or services upon the premises except as specifically permitted under Section 5.1. 5.11 Water Pollution Control Tenant shall fully conform to the requirements of the Department of Transportation statewide NPDES Storm Water Permit, Order No. 99-06-DWQ, NPDES No. CAS000003 adopted by the State Water Resources Control board on July 15, 1999. This permit regulates storm water and non -storm water discharges associated with activities within Department of Transportation right of way. Tenant shall develop, implement, and maintain a Facilities Pollution Prevention Plan (FPPP), describing the pollution prevention practices associated with activities on facilities located within the Department of Transportation right of way. Tenant shall comply with the statewide NPDES Storm Water Permit by incorporating storm water management into its operational activities. The FPPP will accomplish compliance by implementing Best Management Practices (BMPs) described in the Department of Transportation Statewide Storm Water Management Plan (SWMP). Copies of the Permit and the Department of transportation SWMP may be obtained from the Department of Transportation, Material Operations Branch, Publication Distribution Unit, 1900 royal Oaks drive, Sacramento, California, 98518, Telephone (916) 445-3520. Tenant shall not allow the unauthorized dischae of storm water runoff into private or public storm wa drainage systems. Tenant must comply with `State and federal storm water pollution control standards, including those of the State Water Resources Control Board, and the lawful requirements of municipalities, counties, drainage districts, and other local agencies regarding discharges of storm water to separate storm sewer systems or other watercourses under jurisdiction of the above agencies. LEASE AREA No. 11-SDX805-12 To minimize the discharge of pollutants, spilled or leaked fluids, and any other wastewater into the storm water drainage system, Tenant shall not allow the washing, fueling and repair of vehicles and equipment on the site. To minimize the discharge of pollutants from storm water resulting from contact with hazardous materials, Tenant shall not allow the storage or stockpile of hazardous materials on the site. Landlord, or its agents or contractors shall at all times have the right to go upon and inspect the site and the operations therein to assure compliance with the requirements herein stated. Inspection may include taking samples of substances and materials present for testing, and/or the testing of storm water systems or watercourses on the site ARTICLE 6. IMPROVEMENTS 6.1 Construction of Improvements and Alterations Tenant shall not place any improvements in, on, or upon the premises, nor shall Tenant make any alterations to said premises without the prior written consent and approval of Landlord and the Federal Highway Administration. 6.2 Standard of Construction Tenant agrees that any improvements or construction upon the premises shall: (a) be consistent with all fire safety requirements, (b) be subject to the approval of Landlord, the State Fire Marshall and the concurrence of the Federal Highway Administration, and (c) in every respect comply with the laws, ordinances and regulations, federal, state, municipal or otherwise, that may govern construction of the lease. Tenant shall not construct or place, on the leased premises any improvements which impair Landlord's ability to maintain, operate, use, repair or improve any part of the transportation facility situated on the leased premises or on adjoining real property. Tenant shall save Landlord harmless of and from any loss or damage caused by reason of the construction or use of said improvements. 6.3 Encroachment Permit Tenant, prior to construction or alteration of any improvements on or of the leased premises, shall obtain an executed Encroachment Permit from Landlord. Issuance by Landlord of an Encroachment Permit shall be contingent upon Tenant's providing the following: (a) Final construction plans and detailed specifications. All such plans and specifications submitted by Tenant to landlord shall be subject to the review and approval of Landlord, the State Fire Marshall and the Federal Highway Administration. (b) Evidence of coverage that assures Landlord that sufficient monies will be available to complete the proposed construction or alteration. The amount of coverage shall be at least equal to the total estimated construction costs. Such coverage shall take one of the following forms: (1) Completion bond issued to Landlord as obligee. (2) Performance bond and labor and material bond or Performance bond containing the provisions of the labor and Material bond supplied by Tenant's contractor or contractors, provided saidobonds are issued jointly to Tenant and Landlord as obligees. (3) Any combination of the above. Page 9 of 26 LEASE AREA NO.11-SDX805-12 All bonds shall be issued by a company qualified to do business in the State of California and acceptable to Landlord. All bonds be in a form acceptable to Landlord and shall ensure faithful and full observance and performance by Tenant of all terms, conditions, covenants and agreements relating to the construction of improvements within the leased premises. Liability insurance as provided in Section 9.2. Fire insurance as provided in Section 9.3. A copy of a building permit issued by the appropriate local jurisdiction. A copy of Tenant's contract with the general contractor actually performing construction. Final landscaping and irrigation plans and detailed specifications including a maintenance plan for litter removal, watering, fertilization and replacement of landscaping. Evidence of compliance with the applicable provisions of all federal, state and local environmental statutes, laws, regulations and ordinances. Tenant agrees to diligently apply for and meet all requirements for issuance of Encroachment Permit and Landlord agrees to not unreasonably withhold issuance of said Encroachment Permit. Tenant is obligated to deliver to Landlord the documents described in subdivisions (a) through (h) of this section regardless of whether an Encroachment Permit may have been issued inadvertently before these documents have been provided to Landlord. 6.4 Standard of Construction Tenant agrees that any improvements or construction upon the premises shall: (a) be consistent with all fire safety requirements: (b) be subject to the approval of Landlord and the concurrence of the Federal Highway Administration, and (c) in every respect comply with the laws, ordinances and regulations, federal, state, municipal or otherwise, that may govem construction of the same. Tenant shall not construct or place on the leased premises any improvements which impair Landlord's ability to maintain, operate, use, repair or improve any part of the transportation facility situated on the leased premises or on adjoining real property. Tenant shall save Landlord harmless of and from any loss or damage caused by reason of the construction of said improvements. 6.5 "As -Built" Plans Within ninety (90) days after completion of construction of improvements or alterations, Tenant shall fumish Landlord, at Tenant's expense, one set of "As -Built" plans, according to a scale and size designated by Landlord, showing said improvements as constructed in detail, including the location of underground and aboveground utility lines. ARTICLE 7. OWNERSHIP OF IMPROVEMENTS AND PERSONAL PROPERTY 7.1 Ownership of Improvements During Term All improvements constructed on the premises by Tenant as permitted or required by this Lease shall, during the term of this Lease, be and remain the property of Tenant; provided, however, that Tenant's - rights and powers with respect to the improvements are subject to the terms and limitations of this lease and Tenant's interest in such improvements shall terminate upon the expiration or earlier termination of this Lease. Tenant shall not remove any improvements from the premises nor waste, destroy or modify improvements on the premises, except as s °cifically permitted by this Lease. At the expiration .,r termination of this lease, all improvements constructed on the premises by Tenant shall vest in Landlord. Tenant shall deliver said improvements to Landlord in good condition and repair, reasonable wear and tear excepted, without compensation to Tenant, any subtenant or third party, free and clear of all claims to or LEASE AREA No. 11-SDX805-12 against them by Tenant, subtenant or third party, and Tenant shall defend and hold Landlord harmless from all liability arising from such claims or from the exercise by Landlord of its rights under this section. In the event said improvements are not delivered to Landlord in good condition and repair, reasonable wear and tear excepted, Landlord shall make the necessary maintenance and repairs and Tenant shall be liable to and shall reimburse Landlord for any such expenditures made, plus interest as provided in Section 20.11 from the date of completion of work. Landlord and Tenant covenant for themselves and all persons claiming under or through them that the improvements are real property. 7.2 Removal of Personal Property and Ownership at Termination At the expiration or earlier termination of this lease, Landlord may, at Landlord's sole election, require the removal from the premises, at Tenant's sole cost and expense, of all personal property (other than fixtures), or of certain personal property (other than fixtures), as specified in the notice provided for below. A demand to take effect at the normal expiration of the term shall be effected by notice given at least thirty (30) days before the expiration date. A demand to take effect on any other termination of the term of this Lease shall be effectuated by notice given concurrently with notice of such termination or within ten (10) days after such termination. Tenant shall be liable to Landlord for costs incurred by Landlord in effecting the removal of personal property which Tenant has failed to remove after demand pursuant to Section 7.2. Tenant may remove any personal property from time to time within forty-five (45) days of the expiration of the term. Tenant shall repair all damage (structural or otherwise) caused by any such removal. Any . personal property not removed by Tenant within forty-five (45) days following expiration of the term shall be deemed to be abandoned by Tenant and shall, without compensation to Tenant, become the Landlord's property, free and clear of all claims to or against them by Tenant or any other person. 7.3 Removal of Improvements at Termination Upon the expiration or earlier termination of this lease, Landlord may, upon written notice, require tenant to remove, at the sole cost and expense of Tenant, and not later than ninety (90) days after the expiration or earlier termination of this lease, all structures, buildings and improvements of any kind whatsoever placed or maintained on the premises, whether below, on or above the ground by Tenant or others, including, but not limited to, foundations, structures, buildings, utility lines, switchboards, transformer vaults and all other service facilities constructed or installed upon the premises; and Tenant shall, upon the expiration or earlier termination of this Lease, immediately restore, and quit and peacefully surrender possession of the premises to Landlord in at least as good and usable condition, acceptable to Landlord, as the same was in at the time of first occupation thereof by Tenant or others, ordinary wear and tear excepted, and shall, in any event, leave the surface of the ground in a level, graded condition, with no excavations, holes, hollows, hills, or humps. Should Tenant fail to so remove said structures, buildings and improvements and restore the premises, Landlord may sell, remove or demolish the same, and in the event of said sale, removal or demolition, Tenant shall reimburse Landlord for any cost or expense thereof in excess of any consideration received by Landlord as a result of such sale, removal or demolition. ARTICLE 8. MAINTENANCE AND REPAIRS 8.1 Tenant's Obligations Tenant, at its own cost and expense, shall maintain the leased premises, improvements and landscaping thereon, including fences, and guardrails heretofore, or hereafter erected, in first class order, repair and condition and in compliance with all requirements of law. Tenant shall also, at its own cost and expense, install or provide for the installation of all rechired lighting on the leased premises and shall maintain the lighting in first class order, repair and condition. Landlord and Tenant recognize that because of the length of the term of this Lease it may be necessary for Tenant to perform certain substantial maintenance, repair, Page 11 of 26 LEASE AREA No.11-SDX805-12 rehabilitation or reconstruction (hereinafter collectively referred to as "repair" or "repairs") of the improvements in order to ensure that the premises are kept in first-class order, repair and condition. "First-class order, repair and condition", as used herein, shall mean the maintenance, repair, renovation or replacement of buildings, equipment, furniture, fixtures, landscaping and appurtenances necessary to keep the premises in efficient and attractive condition, given the nature and age of the improvements at any time during the teen of this Lease. Landlord and Tenant do not intend by the immediately preceding sentence that a property item is not first-class merely because of ordinary and reasonable wear and tear that does not materially and substantially reduce the attractiveness and utility of the item given the nature and age of the improvements at any time during the term of this Lease. Tenant hereby expressly waives the right to make repairs at the expense of Landlord and the benefit of the provisions of Sections 1941 and 1942 of the California Civil Code or any successor thereto. Tenant shall take all steps necessary to protect effectively the fences, guardrails, and the piers and columns, if any, of the structure from damage incident to Tenant's use of said premises and improvements, all without expense to Landlord. Tenant shall, at its own cost and expense, repair in accordance with Landlord's standards any damage to any property owned by Landlord, including, but not limited to, all fences, guardrails, piers and columns, caused by Tenant, subtenants, invitees or other third parties. At Tenant's request, Landlord will repair the damage to its property and Tenant agrees to reimburse Landlord promptly after demand for the amount Landlord has reasonably expended to complete the repair work. Tenant shall designate in writing to Landlord a representative who shall be responsible for the day-to-day operation and level of maintenance, cleanliness and general order. 8.2 Landlord's Rights In the event Tenant fails to perform Tenant's obligations under this Article, Landlord shall give Tenark notice to do such acts as are reasonably required to so maintain the premises. If within thirty (30) days after Landlord sends written notice to repair, Tenant fails to do the work and diligently proceed in good faith to prosecute it to completion, Landlord shall have the right, but not the obligation, to do such acts and expend such funds at the expense of Tenant as are reasonably required to perform such work. Any amount so expended by Landlord shall be paid by Tenant promptly after demand plus interest from the date of completion of such work to date of payment. Landlord shall have no liability to Tenant for any damage, inconvenience or interference with the use of the premises by Tenant as a result of performing any such work. ARTICLE 9. INSURANCE 9.1 Exemption of Landlord from Liability This Lease is made upon the express condition that Landlord is to be free from all liability and claims for damages by reason of any injury to any person or persons, including Tenant, or property of any kind whatsoever and to whomsoever belonging, including Tenant, from any cause or causes resulting from the operation or use of the premises by Tenant, its agents, customers or business invitees. Tenant hereby covenants and agrees to indemnify and save harmless Landlord from all liability, loss, cost and obligation on account of any such injuries or losses. 9.2 Liability Insurance Tenant shall at its own cost and expense procure and keep in force during the term of this Lease bodily, injury liability and property damage liability insurance adequate to protect Landlord, its officers, age and employees, against any liability to the pubic resulting from injury or death of any person or damage to property in connection with the area, operation or condition of the premises, including any and all liability of Landlord for damage to vehicles parked on the leased premises. Such insurance shall be in an amount of not less than $5,000,000 (Five Million Dollars) combined single limit for bodily injury and property damage. The limits of such insurance shall not limit the liability of Tenant. Tenant may self -insure. If LEASE AREA No. 11-SDX805-12 Tenant elects to not self -insure, all insurance required hereunder shall be with companies to be approved by Landlord. All such insurance policies shall be written as primary policies, not contributing with and not in excess of coverage which Landlord may carry. Said policies shall name the State as an additional insured and shall insure against the contingent liabilities, if any, of Landlord and the officers, agents, and employees of Landlord and shall obligate the insurance carriers to notify Landlord, in writing, not less than thirty (30) days prior to the cancellation thereof, or any other change affecting the coverage of the policies. If said policies contain any exclusion concerning property in the care, custody or control of the insured, an endorsement shall be attached thereto stating that such exclusion shall not apply with regard to any liability of the State of California, its officers, agents, or employees. Tenant shall furnish to Landlord a Certificate of Insurance acceptable to Landlord within not more than ten (10) days after execution thereof. Landlord shall retain theright at any time to review the coverage, form, and amount of the insurance required hereby. If, in the opinion of Landlord, the insurance provisions in this Lease do not provide adequate protection for Landlord and for members of the public using the leased premises, Landlord may require Tenant to obtain insurance sufficient in coverage, form and amount to provide adequate protection. Landlord's requirements shall be reasonable but shall be designed to assure protection from and against the kind and extent of the risks which exist at the time a change in insurance is required. Landlord shall notify Tenant in writing of changes in the insurance requirements; and if Tenant does not deposit copies of acceptable insurance policies with Landlord incorporating such changes within sixty (60) days of receipt of such notice, this Lease may be terminated, at Landlord's option, without further notice to Tenant, and be of no further force and effect. 9.3 Fire and Extended Coverage Insurance Tenant shall obtain and keep in effect at all times during the term of this Lease fire and extended coverage insurance upon all buildings, structures and improvements constructed on the premises. Such policy or policies of insurance shall be for not less that one hundred percent (100%) of the full replacement value of the property covered and shall provide for payment of losses to Tenant. Landlord shall be named as an additional insured on all fire and extended coverage insurance policies placed on the buildings, structures and improvements on said premises. The full replacement value of the buildings, structures and improvements to be insured under this section shall be determined by the company issuing the insurance policy at the time the policy is initially obtained. Not more frequently than once each year, either party shall have the right to notify the other party that it elects to have the replacement value re -determined by an insurance company. The predetermination shall be made promptly and in accordance with the rules and practices of the Board of Fire Underwriters, or a like board recognized and generally accepted by the insurance company, and each party shall be promptly notified of the results by the company. The insurance policy shall be adjusted according to the predetermination. 9.4 Failure to Procure and Maintain Insurance If Tenant fails to procure ormaintain the insurance required by this Article in full force and effect, Landlord may take out insurance and pay the premiums thereon. The repayment of those premiums, plus payment of interest from the date such insurance is obtained, shall be the sole obligation of Tenant and shall be deemed to be additional rental and payable as such on the next day upon which rent becomes due hereunder. In addition, if Tenant fails to procure or maintain the insurance required by this Article, Tenant shall cease and desist from operating any business on the premises and the improvements erected thereon and shall prevent members of the public fron gaining access to the premises during any period in which such insurance policies are not in full force and effect. 9.5 Waiver of Subrogation Landlord and Tenant each hereby waive any and all rights of recovery against the other, or against the officers, employees, agents and representatives of the other, for loss of or damage to such waiving party or Page 13 of 26 LEASE AREA No. 11-SDX805-12 its property or the property of others under its control to the extent that such loss or damage is insured against under any insurance policy in force at the time of such loss or damages. The party obtaining the, policies of insurance required hereunder shall give notice to the insurance carrier or carriers that the foregoing mutual waiver of subrogation is contained in the Lease. ARTICLE 10. DAMAGE OR DESTRUCTION 10.1 Duty to Repair or Restore If during the term of this Lease any building or improvement on, in or appurtenant to the land at the commencement of the term or thereafter erected thereon shall be destroyed or damaged in whole or in part by fire or other cause, or shall be declared unsafe or unfit for use or occupancy by a public entity with the authority to make and enforce such declaration, Tenant shall within ten (10) days of the occurrence of such event, give to Landlord immediate notice thereof, and Tenant shall within sixty (60) days commence, and diligently pursue to completion, the repair, replacement or reconstruction of the same, at least to the extent of the value and as nearly as possible to the character of the buildings and improvements existing immediately prior to the occurrence of such event; and Landlord chall in no event be called upon to repair, replace or rebuild any such buildings or improvements. All buildings and improvements shall be repaired, replaced or reconstructed in accordance with the standards and requirements contained in Article 6. Tenant shall continue to pay rent hereunder (except if rent has been prepaid) during the period said improvements shall be damaged or destroyed. • 10.2 Relief for Substantial Loss of Area and Damage or Destruction During Final Years of Term Tenant is relieved of the obligation to, but may, repair, restore, or reconstruct improvements damaged or destroyed during the final five (5) years of the term if (a) more than thirty-five percent (35%) of 4' improvements constructed on the premises are damaged or destroyed ; (b) the damage or destruction uninsured and is not required to be insured under any provision of this Lease; and (c) Tenant complies with all the following conditions: (1) Gives Landlord notice of damage or destruction promptly but not later than ten (10) days after the event, detailing facts that qualify the casualty under this provision. (2) Is not in default under any provision or condition of this lease. (3) Continues to make all payments when due as required by the provisions of this Lease, provided that Landlord may, by notice given at any time after Tenant's notice of the damage or destruction, elect to terminate the Lease at a date stated in Landlord's notice and to forgive all rent for the period following that date. (4) Pay in full, or has paid in full, any outstanding indebtedness incurred by Tenant and secured by an encumbrance or encumbrances on the leasehold. (5) Delivers possession of the premises to Landlord and quitclaims all right, title and interest in the land and improvements promptly upon ceasing to do business on the premises. (6) Causes to be discharged all liens and encumbrances resulting from any act or omission of Tenant. (7) Removes or deposits the cost of removing all fixtures and improvements if Landlord so elects under the provisions of Article 7. Tenant shall also be relieved of the obligations to repair, restore or reconstruct improvements because of an insured loss if Tenant complies with all the above provisions and also assigns all net proceeds from the insurance settlement to Landlord. "Net proceeds" shall mean the full amount of the insurance settler' Landlord and Tenant hereby waive the provisions of Section 1932 (2) and 1933 (4) of the California l..ril Code and waive the provisions of any other statutes which relate to the termination of a lease when the leased property is destroyed. Landlord and Tenant agree that such an event shall be governed by the terms of this Lease. LEASE AREA No. 11-SDX805-12 ARTICLE 11. PAYMENT OF TAXES Tenant agrees to pay and discharge, or cause to be paid and discharged when due, before the same become delinquent, all taxes, assessments, impositions, levies and charges of every kind, nature and description, whether general or special, ordinary or extraordinary, which may at any time or from time to time during the term of this Lease, by or according to any law or governmental, legal, political, or other authority whatsoever, directly or indirectly, be taxed, levied, charged, assessed or imposed upon or against, or which shall be or may be or become a lien upon said premises or any buildings, improvements or structures at any time located thereon, or any estate, right, title or interest of Tenant in and to said premises, buildings, improvements or structures. Tenant shall pay when due, before delinquency, personal property taxes on fixtures, equipment and facilities owned by Tenant, whether or not the same have become so fixed to the land as to comprise a part of the real estate. Tenant understands that any possessory interest of Tenant created in the leased premises by this Lease may be subject to property taxation and that Tenant may be liable for payment of any such tax levied on such interest. Any obligation of Tenant under this Article, including possessory interest tax that the city or county may impose upon Tenant's interest herein, shall not reduce any rent due Landlord hereunder and any such obligation shall become the liability of and be paid by Tenant. In the event Tenant shall fail to discharge any of the above obligations, Landlord may, at its option, discharge the same and the amount so paid by Landlord, plus interest from the date of payment by Landlord, shall be added to the rentals next accruing under this Lease. Tenant may, at its own expense, and before delinquency occurs, contest, object to or oppose the legality, validity or amount of such taxes. Landlord shall not be required to join in any proceeding or contest brought by Tenant. Immediately upon the final determination of the proceeding or contest, Tenant shall pay or discharge any decision or judgment rendered, together with all costs, charges, interest and penalties incident to the decision or judgment. If Tenant contests or seeks a reduction in the taxes as provided in this Article, Tenant shall, before the commencement of the proceedings or contest, furnish to Landlord security or other evidence satisfactory to Landlord that Landlord and the Premises will be held harmless from any damage arising out of the proceedings or contest and assuring the payment of any judgment that may be rendered. Any default in the payment of any of the obligations set forth in this Article shall, at the option of Landlord, be considered a default under the terms of this Lease. ARTICLE 12. RIGHT OF ENTRY 12.1 Inspection, Maintenance, Construction and Operation of Freeway Structures Landlord, through its agents or representatives, and other city, county, state and federal agencies, through their agents or representatives, shall have full right and authority to enter in and upon the premises and any building or improvements situated thereon at any and all reasonable times during the term of this Lease for the purpose of inspecting the same without interference or hindrance by Tenant, its agents or representatives. Landlord further reserves the right of entry for the purpose of inspecting the premises, or the doing of any and all acts necessary or proper on said premises in connection with the protection, maintenance, reconstruction, and operation of the freeway structures and its appurtenances; provided, further, that Landlord reserves the further right, at its discretion, to immediate possession of the same in case of any national or other emergency, or for the purpose of preventing sabotage, and for the protection of said freeway structures, in which event the term of this Lease shall be extended for a period equal to the emergency occupancy by Landlord, and during said period Tenant shall be relieved, to the degree of interference, from the performance of condttions or covenants specified herein. Landlord further reserves the right of entry by any authorized officer, engineer, employee, contractor or agent of the Landlord for the purpose of performing any maintenance activities upon the property which Tenant has failed to perform. All agreements which Tenant enters into for the sublease or use of all or any part of Page 15 of 26 LEASE AREA No.11-SDX805-12 the leased premises shall contain a provision, approved by Landlord, which describes Landlord's right of entry as set forth in this Article. 12.2 Future Transportation Project (a) Landlord's Right to Possession of Premises. Tenant understands and acknowledges that Landlord may, during the Term of this Lease, construct an "Approved and Funded Transportation Project", which may require the temporary or permanent use of all or a portion of the premises. An "Approved and Funded Transportation Project" is defined as a proposed transportation facility to be constructed by Landlord where the funds necessary to construct the facility are available to Landlord (regardless of the source of the funds) and where the transportation facility can reasonably be expected to be constructed within a reasonable period of time following termination of this Lease as provided in this Section 12.2. In the event Landlord determines that the premises or any portion thereof will be affected by an "Approved and Funded Transportation Project", Landlord shall immediately notify Tenant of its intent to take possession of all or a portion of the premises and shall provide Tenant with at least one hundred eighty (180) days written notice within which to vacate the required area. Landlord's notice to Tenant shall indicate the area of the premises to be taken. If possession is to be a temporary use of all or part of the premises, Landlord shall additionally state in such notice to Tenant Landlord's reasonable estimate of the period of time of such temporary use by Landlord. Upon the date Landlord is entitled to possession of the premises, or portion thereof, Tenant shall peaceably surrender possession of the premises, or . portion thereof, and comply with the restrictions as stated in the notice. The failure of Tenant to vacate the required area of the premises shall constitute a material default and breach of this Lease entitling Landlord to exercise its rights and remedies. (b) Tenant's Sole Rights; Tenant's Waiver Landlord's taking of possession of the premises under Section 12.2 does not constitute a taking or damaging entitling Tenant to compensation under Article 13. Tenant expressly agrees to hold Landlord harmless from any and all liability for, and expressly waives any right it may have to recover against Landlord, damages to the Premises, any improvements constructed on the premises or improvements thereon, and damages to any other property, project or operations including any claim for loss of business goodwill or resulting from Tenant's inability to use or possess all or any portion of the premises as a result of an "Approved and Funded Transportation Project". In addition, Tenant expressly recognizes that it is not entitled to receive benefits under the federal or state Uniform Relocation Assistance Act (United States Code, Section 7260, et seq.) as a result of Landlord's use or possession of any portion of the premises for an "Approved and Funded Transportation Project". Landlord agrees to instruct its authorized representatives to minimize the effect of any required construction on Tenant's use of the premises, both in the construction phase and in the permanent effect on the premises in connection with an "Approved and Funded Transportation Project." In furtherance of the objectives of Section 12.2, Tenant acknowledges Landlord's power of eminent domain and Tenant hereby waives all objections that Tenant may have to Landlord's right to take all or part of the premises as provided in Section 12.2. 12.3 Retrofitting of Freeway Structures Tenant understands and agrees that Landlord may be required to perform retrofit work on all or a part of the freeway structures which are situated on and above the premises. Landlord shall have the right to,.. impose such restrictions on Tenant's right enter, occupy, and use the premises and to construe, improvements thereon as Landlord deems are necessary to enable it to complete construction of all freeway structural retrofit work without interference from Tenant. In the event Landlord determines that it needs to obtain possession of all or a portion of the premises, or needs to place restrictions on Tenant's use of the premises, Landlord shall, at least thirty (30) days prior to ,.___ 1L _r 9c LEASE AREA No.11-SDX805=12 the effective date of the commencement of such possession or restrictions notify Tenant in writing describing the extent of the possession or restrictions and the effective date of their commencement. Upon the effective date of said notice, Tenant shall peaceably surrender possession of the premises and comply with the restrictions as stated therein. Tenant expressly agrees to hold Landlord harmless from any and all liability for, and expressly waives any right it may have to recover against Landlord, damages to the premises, any improvements constructed on the premises, and waives its right to use or possess any portion of the premises or improvements thereon, and damages to any other property, project or operation caused by Landlord's possession, imposition of restrictions or Tenant's inability to use or possess all or any portion of the premises. In addition, Tenant expressly recognizes that it is not entitled to receive benefits under the federal or state Uniform Relocation Assistance Acts (United States Code, title 42, Section 4601, et seq.; California Government Code, Section 7260, et seq.) as a result of Landlord's use or possession of any portion of the premises. Tenant shall conduct its operation on the premises in such manner so as not to interfere with Landlord's or its contractor's performance of any required construction in connection with an "Approved and Funded Transportation Project", on or above the premises. Tenant acknowledges the performance of any required construction may cause damage to paving and other improvements constructed by Tenant on the premises. Tenant expressly agrees to hold Landlord harmless from all such damage to its improvements, except that at the conclusion of construction, Landlord shall restore the premises to their pre-existing condition at no cost to Tenant. Tenant shall conduct its operations on the premises in such a manner so as • not to interfere with Landlord's or its contractor's performance of any structural retrofit work done on or above the premises. Tenant acknowledges that the performance of the structural retrofit work may cause damage to paving or other improvements constructed by Tenant on the premises. Tenant expressly agrees to hold Landlord harmless from all such damage to its improvements, except that at the conclusion of the retrofit work, Landlord shall restore the/premises to their preexisting condition at no cost to Tenant. ARTICLE 13. CONDEMNATION BY PUBLIC ENTITIES OTHER THAN LANDLORD 13.1 Definitions (a) "Condemnation" means (1) the exercise of the power of eminent domain, whether by legal proceedings or otherwise, by a public entity having that power, that is, a condemnor, and (2) a voluntary sale or transfer to any condemnor, either under the threat of condemnation or while legal proceedings in condemnation are pending. (b) "Award" means all compensation, sums, or anything of value awarded, paid or received upon a total or partial condemnation of the leased premises. (c) "Substantial taking" means a taking of a portion of the leased premises by condemnation which, assuming a reasonable amount of reconstruction on the remainder, substantially impairs Tenant's ability to use the remainder for the purposes permitted under this Lease. 13.2 Termination of Lease as to Part Condemned In the event the whole or any part of the premises is taken by condemnation by a public entity, other than Landlord, in the lawful exercise of its power of eminent domain, this Lease shall cease as to the whole or the part condemned upon the date possession of the whole or that part is taken by the public entity. 13.3 Partial Taking If a part of the leased premises is taken by condemnation but there is no substantial taking of the premises, Tenant shall continue to be bound by the terms, covenants, and conditions of this Lease. However, if the fair rental value of the remainder will be less than the rent required by this Lease, the minimum monthly rent and adjusted minimum monthly rent shall be reduced to an amount equal to the fair rental value as of the date possession of the part is taken by the public entity. Page 17 of 26 LEASE AREA No. 11-SDX805-12 If the part taken by condemnation constitutes a substantial taking of the leased premises, Tenant may elect to: (a) Terminate this Lease and be absolved of obligations hereunder which have not accrued at the date possession is taken by the public entity; or (b) Continue to occupy the remainder of the premises and remain bound by the terms, covenants and conditions of this Lease. If Tenant elects to continue to occupy the remainder, and if the fair rental value of the remainder will be less than the rent required by this Lease, the minimum monthly rent and adjusted minimum monthly rent shall be reduced to the fair rental value as of the date possession of the part is taken by the public entity. Tenant shall give notice in writing of its election to terminate this Lease hereunder within thirty (30) days of the date possession of the part is taken by the public entity. If Tenant fails to give Landlord its written notice of termination within the time specified, this Lease shall remain in full force and effect except that the minimum monthly rental shall be reduced as provided in this section. If it continues to occupy the remainder, Tenant, whether or not the award upon the taking by condemnation is sufficient for the purpose, shall, at its expense, within a reasonable period of time, commence and complete restoration of the remainder of the leased premises as nearly as possible to its value, condition and character immediately prior to such taking; provided, however, that in the case of a taking for temporary use, Tenant shall not be required to effect restoration until such taking is terminated. Tenant shall submit to Landlord its plans for the restoration of the remainder within ninety (90) days of the date possession of the part is taken by the public entity. 13.4 Compensation Landlord shall be entitled to receive and shall receive all compensation for the condemnation of all or any portion of the premises by exercise of eminent domain except as hereinafter provided. Tenant shall be entitled to that portion of said compensation which represents the present worth as of the date possession is taken by the public entity of the remaining use under the Lease of all improvements constructed by Tenant on the leased premises located within the part taken by the public entity. Tenant may also assert a claim for loss of business goodwill under the provisions of Section 1263.510 of the California Code of Civil Procedure. Tenant shall assert no claim for loss of bonus value. For the purposes of this Article, "bonus value" means that value attributable to the fact that the rental rate Tenant is obligated to pay under this Lease is less than the fair market lease rate of the premises as defined in Section 4.3 above. If all or a portion of the leased premises is condemned at a time when Tenant possesses an interest in real property located outside the leased premises (hereinafter called "outside property"), Tenant may claim entitlement to an award of damages accruing to the outside property by reason of the severance therefrom of the condemned portion of the leased premises as provided in the Eminent Domain Law (California Code of Civil Procedure Sections 1230.010 through 1273.050). ARTICLE 14. UTILITIES Tenant shall pay when due, and shall hold Landlord harmless from any liability for, all charges for water, gas, heat, light, power, telephone, sewage, air conditioning and ventilating, scavenger, janitorial spa., landscaping services and all other materials an# utilities supplied to the premises. Landlord shall not be liable in damages or otherwise for any failure or interruption of any utility service furnished to the premises, and no such failure or interruption shall entitle Tenant to terminate this Lease. n -r LEASE AREA No. 11-SDX805-12 ARTICLE 15. LIENS 15.1 Exemption of Landlord from Liability Tenant shall at all times indemnify and save Landlord harmless from all claims for labor or materials in connection with construction, repair, alteration, or installation of structures, improvements, equipment or facilities within the premises, and from the cost of defending against such claims, including attorney fees. 15.2 Tenant's Obligations In the event a lien is imposed upon the premises as a result of such construction, repair, alteration or installation, Tenant shall either: (a) Record a valid Release of Lien, or (b) Deposit sufficient cash with Landlord to cover the amount of the claim on the lien in question and authorize payment to the extent of said deposit to any subsequent judgment holder that may arise as a matter of public record from litigation with regard to a lien holder claim, or (c) Procure and record a bond in accordance with Section 3143 of the California Civil Code, which frees the premises from the claim of the lien and from any action brought to foreclose the lien. Should Tenant fail to accomplish one of the three optional actions within 15 days after the filing of such a lien, the Lease shall be in default and shall be subject to immediate termination. . ARTICLE 16. DEFAULT 16.1 Default The occurrence of any of the following shall constitute a material breach and default of this Lease by Tenant. (a) Any failure by Tenant to pay refit or any other monetary sums required to be paid hereunder, where such failure continues for ten (10) days after written notice thereof has been given by Landlord to Tenant. The abandonment or vacation of the premises by Tenant. Failure to occupy and operate the premises for thirty (30) consecutive days following the mailing of written notice from Landlord to Tenant calling attention to the abandonment shall be deemed an abandonment or vacation. (c) A failure by Tenant to observe and perform any other provision of this Lease to be observed or performed by Tenant, where such failure continues for thirty (30) days after written notice thereof by Landlord to Tenant; provided, however, that if the nature of such default is such that it cannot be reasonably cured within such thirty (30) day period, Tenant shall not be deemed to be in default if Tenant shall within such period commence such cure and thereafter diligently prosecute the same to completion. (d) The making by Tenant of any general assignment or general arrangement for the benefit of creditors; the filing by or against Tenant of a petition to have Tenant adjudged bankrupt or of a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against Tenant the same is dismissed within sixty (60) days); the appointment of a trustee or receiver to take possession of substantially all of Tenant's assets, where possession is not restored to Tenant within forty-five (45) days; or the athment, execution or other judicial seizure of substantially all of Tenant's assets, where such seizure is not discharged within thirty (30) days. 16.2 Landlord's Remedies (b) Page 19 of 26 LEASE AREA No.11-SDX8Q5-12 In the event of any material default or breach by Tenant, Landlord may at any time thereafter, without limiting Landlord in the exercise of any right of remedy at law or in equity which Landlord may have by reason of such default or breach: (a) Maintain this Lease in full force and effect and recover the rent and other monetary charges as they become due, without terminating Tenant's right to possession, irrespective of whether Tenant shall have abandoned the premises. Landlord has the remedy described in California Civil Code Section 1951.4 (Landlord may continue the lease in effect after Tenant's breach and abandonment and recover rent as it becomes due, if Tenant has the right to sublet or assign, subject only to reasonable limitations). In the event Landlord elects not to terminate the Lease, Landlord shall have the right to attempt to re -let the premises at such rent and upon such conditions and for such a term, and to do all acts necessary to maintain or preserve the premises as Landlord deems reasonable and. necessary without being deemed to have elected to terminate the Lease, including removal of all persons and property from the premises; such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of Tenant. In the event any such re -letting occurs, this Lease shalt terminate automatically upon the new tenant taking possession of the premises. Notwithstanding that Landlord fails to elect to terminate the Lease initially under this subparagraph, Landlord at any time during the term of this Lease may elect to terminate this Lease by virtue of such previous default of Tenant. (b) Terminate Tenant's right to possession by any lawful means, in which case this Lease shall immediately terminate and Tenant shall immediately surrender possession of the premises to Landlord. In such event Landlord shall be entitled to recover from Tenant all damages incurred by Landlord by reason of Tenant's default including, but not limited to, the following: (i) the worth at the time of award of any unpaid rent which had been earned at the time of such termination; plus (ii) the worth at the time of award of the amount by which the unpaid rent which would have been earned after termination until the time of award exceeds the amount of such rental loss that is proved could have been reasonably avoided; plus (iii) the worth at the time of award of the amount by which the unpaid rent for the balance of the term after the time of award exceeds the amount of such rental loss that is proved could be reasonably avoided; plus (iv) any other amount necessary to compensate Landlord . for all the detriment proximately caused by Tenant's failure to perform its obligations under this Lease or which in the ordinary course of events would be likely to result therefrom; plus (v) at Landlord's election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by applicable State law. Upon any such re-entry Landlord shall have the right to make any reasonable repairs, alterations or modifications to the premises, which Landlord in its sole discretion deems reasonable and necessary. As used in subparagraphs (i) and (ii), above, the "worth at the time of award" is computed by including interest on the principal sum at a rattone percent (1%) above the discount rate of the Federal Reserve Bank of San Francisco from the date of default. As used in subparagraph (iii), above, the "worth at the time of award" is computed by discounting such amount at a rate one percent (1%) above the discount rate of the Federal Reserve Bank of San Francisco at the time of award. The term LEASE AREA No. 11-SDX805-12 "rent" as used in this Article shall be deemed to be and to mean rent to be paid pursuant to Article 4 and all other monetary sums required to be paid by Tenant pursuant to the terms of this Lease. 16.3 Landlord's Right to Cure Tenant's Default At any time after Tenant is in default or material breach of this Lease, Landlord may cure such default or breach at Tenant's cost. If Landlord at any time, by reason of such default or breach, pays any sum or does any act that requires the payment of any sum, the sum paid by Landlord shall be due immediately from Tenant to Landlord at the time the sum is paid, and if paid at a later date shall bear interest from the date the sum is paid by Landlord until Landlord is reimbursed by Tenant. The sum, together with interest on it, shall be additional rent. ARTICLE 17. ASSIGNMENTS, SUBLEASES AND ENCUMBRANCES 17.1 Voluntary Assignments, Subleases and Encumbrances Tenant shall not voluntarily assign, transfer or encumber its interest in this Lease or in the premises, or sublet all or any part of the premises, or allow any other person or entity (except Tenant's authorized representatives) to occupy or use all or any part of the premises without first obtaining Landlord's written consent and the concurrence of the Federal Highway Administration, unless otherwise expressly permitted by the provisions of this Article. Landlord may withhold its consent to any such assignment, transfer, encumbrance or sublease unless all of • the following express conditions are satisfied: (a) Landlord and Tenant recognize that any sublessee is to be a non-profit entity and that any sublease is to be for community benefit and social service purposes. Plans for any and all improvements to the lease property by sublessee(s) will be reviewed by Landlord and the Federal Highway Administration for approval. Landlord receives and has the right to receive any and all consideration, whether in present payments or in future payments, which Tenant receives from an assignee, transferee or subtenant in excess of the amount of rent Tenant is obligated to pay to Landlord under this Lease. Tenant's failure to obtain Landlord's required written approval of any other assignment, transfer, or sublease shall render such assignment, transfer, or sublease void. Occupancy of the leased premises by a prospective transferee, sublessee or assignee before approval of the transfer, sublease or assignment by Landlord shall constitute a breach of this Lease. Landlord's consent to any assignment, or sublease shall not constitute a waiver of any of the terms, covenants or conditions of this Lease. Such terms, covenants and conditions shall apply to each and. every assignment, and sublease of this Lease and shall be severally binding upon each and every party thereto. Any document to transfer, sublet, or assign the leased premises or any part thereof shall incorporate directly or by reference all the provisions of this Lease. 17.2 Assignment of Rent from Subtenants Tenant immediately and irrevocably assigns to Landlord, as security for Tenant's obligations under this Lease, all rent from any subletting of all or a part of the premises as permitted by this Lease, and Landlord, as assignee and attorney -in -fact for Tenant, or a receiver for Tenant appointed on Landlord's application, may collect such rent and apply it toward Tenant's obligation under this Lease; except that, until the occurrence of an act of default by Tenant, Tenant shall have the right to collect such rent. (h) (c) Page 21 of 26 LEASE AREA No. 11-SDX805-12 17.3 Information to be Supplied to Landlord Tenant shall supply Landlord with the necessary information on all persons or firms to which Tenant proposes to sublet or assign any of its interest in the premises, or which might establish rights to enter, control, or otherwise encumber the premises by reason of any agreement made by Tenant. In addition, with respect to any proposed sublease or assignment, Tenant shall provide Landlord with: (a) a copy of all documents relating thereto, (b) a statement of all terms and conditions of said transaction, including the consideration therefor, and (c) a copy of the financial statement of the prospective subtenant or assignee. 17.4 Encumbrances (a) Landlord and Tenant hereby acknowledge and agree that Tenant intends to encumber by deed of trust Tenant's interest in the leased premises, for the purpose of constructing improvements thereon, and/or the permanent financing of new improvements. Any such encumbrance is void without the prior written consent of Landlord. Tenant must secure the financing from a financial institution (hereinafter called "Lender") qualified to do business in the State of California. (b) Landlord agrees that it will not terminate this lease because of any default or breach thereunder on the part of Tenant if the Lender or the trustee under such deed of trust, within ninety (90) days after service of written notice on the Lender by Landlord of its intention to terminate said Lease for such default or breach, shall: (1) Cure such default or breach if the same can be cured by the payment or expenditure of money provided to be paid under the terms of said Lease, or if such default or breach is not so curable, cause the trustee under the deed of trust to commence and thereafter to diligently pursue to completion steps and proceedings for the exercise of the power of sale under and pursuant to the trust deed in the manner provided by law, and (2) Keep and perform all of the covenants and conditions of this Lease requiring the payment or expenditure of money by Tenant until such time as the leasehold shall be sold upon foreclosure pursuant to the trust deed, or shall be released or reconveyed thereunder, or shall be transferred upon judicial foreclosure; provided, however, that if the lender or the trustee under the trust deed shall fail or refuse to comply with any and all of the conditions of this section, then and thereupon Landlord shall be released from the covenants of forbearance herein contained, and all rights of Tenant and/or Lender and those who claim under Tenant, under this Lease, shall terminate. (c) In the event of a judicial foreclosure sale or trustee's sale of Lender's security interest pursuant to the laws of the State of California, or an assignment in lieu of foreclosure, the transferee, be it Lender or others, shall succeed to all of the right, title and interest of Tenant. (d) Landlord shall give Lender a written notice of any default by Tenant under this Lease which notice shall be given concurrently with the notice to Tenant. The prior written consent of Landlord shall not be required: (1) to a transfer of this Lease at foreclosure sale under the trust deed, under judicial foreclosure or by an assignment in lieu of foreclosure; or (2) to any subsequent transfer by the Lender if the Lender is an established bank, savings and loan association or insurance company, and is the purchaser at such foreclosure sale; provided that in either such event the Lender forthwith gives notice to the Landlord in writing of any such transfer, setting forth the name and address of the transferee, the effective date of such transfer and the express agreement of the transferee assuming and agreeing to perform all of the., obligations of this Lease, together with a ,wpy of the document of which such transfer was made and the payment to Landlord of the processing fee provided in Section 19.8. Any transferee under this section shall be liable to perform the obligations of the Tenant under this Lease only so long as such transferee holds title to the leasehold. Any subsequent transfer of the leasehold shall LEASE AREA No. 11-SDX805-12 not be made without the prior written consent of the Landlord and shall be subject to the conditions relating thereto as set forth in this Lease. (e) Upon and immediately after the recording of the trust deed, Tenant at Tenant's expense, shall cause to be recorded in the office of the Recorder of San Diego County, California, a duly executed and acknowledged written request for a copy of any notice of default and of any notice of sale under the trust deed as provided by the statutes of the State of California relating thereto. Concurrently with the execution of the consent to a trust deed, Tenant shall furnish to Landlord a complete copy of the trust deed and note secured thereby, together with the name and address of the holder thereof. (f)The trust deed and all rights acquired thereunder shall be subject to each and all of the covenants, conditions, and restrictions set forth in this Lease and to all rights and interests of Landlord hereunder, except as otherwise provided therein. In the event of any conflict between the provisions of this Lease and the provisions of any trust deed, the provisions of this Lease shall control. (g) No trust deed which Tenant may execute or create at any time shall include the Landlord's right, title and interest in and to the demised premises, nor shall any such trust deed subordinate or be deemed to subordinate the fee title to the demised premises or Landlord's interest in this Lease to the security interest created by such trust deed. It is the intention and agreement of the parties hereto that during the entire term of this Lease Landlord's right, title and interest in and to the demised premises shall not be subject to any liens or encumbrances of any kind or nature created either by Tenant or by Landlord. Nothing contained in any such trust deed, and no such trust deed, shall release or be deemed to release Tenant from the full and faithful•observance and performance of any covenants and conditions in this Lease contained and on the part of Tenant to be observed and performed, nor be deemed to constitute a waiver of any rights of Landlord hereunder and the terms, covenants and conditions of this Lease shall control in case of any conflict between this Lease and any such trust deed. i ARTICLE 18. NONDISCRIMINATION Tenant, for itself, its personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that: (1) no person, on the ground of race, color, or national origin shall be excluded from participation in, be denied the benefits of, or otherwise subjected to discrimination in the use of said facilities, (2) in connection with the construction of any improvements on said land and the furnishing of services thereon, no discrimination shall be practiced in the selection of employees and contractors, by contractors in the selection and retention of first -tier subcontractors, and by first -tier subcontractors in the selection and retention of second -tier subcontractors, (3) such discrimination shall not be practiced against the public in its access to and use of the facilities and services provided for public accommodations (such as eating, sleeping, rest, recreation, and vehicle servicing) constructed or operated on, over, or under the premises, and (4) Tenant shall use the land in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Part 21 (49 C.F.R., Part 21) and as said regulations may be amended. In the event of breach of any of the above nondiscrimination covenants, the Landlord shall have the right to terminate this Lease, and to re-enter and repossess said land and the facilities thereon, and hold the same as if said Lease had never been made or issued. ARTICLE 19. SECURITY DEPOSIT No Security Deposit is required ARTICLE 20. ADDITIONAL PROVISIONS 20.1 Quiet Enjoyment Page 23 of 26 Mw LEASE AREA No. 11-SDX805-12 Landlord covenants and agrees with Tenant that upon Tenant paying rent and other monetary sums due under the Lease and performing its covenants and conditions, Tenant shall and may peaceably and quietly have, hold and enjoy the premises for the term, subject however, to the terms of the Lease and of any of the mortgages or deeds of trust described above. 20.2 Captions, Attachments, Defined Terms The captions of the Articles of this Lease are for convenience only and shall not be deemed to be relevant in resolving any question of interpretation or construction of any section of this Lease. Exhibits attached hereto, and addendum and schedules initiated by the parties, are deemed by attachment to constitute part of this Lease and are incorporated herein. The words "Landlord" and "Tenant," as used herein, shall include the plural as well as the singular. Words used in neuter gender include the masculine and feminine and words in the masculine or feminine gender include the neuter. If there be more than one Landlord or Tenant, the obligations hereunder imposed upon Landlord or Tenant shall be joint and several. If the Tenants are husband and wife, the obligations shall extend individually to their sole and separate property as well as to their community property. 20.3 Entire Agreement This instrument along with any exhibits and attachments hereto constitutes the entire agreement between Landlord and Tenant relative to the premises and this agreement and the exhibits and attachments may be altered, amended or revoked only by an instrument in writing signed by both Landlord and Tenant. Landlord and Tenant agree hereby that all prior or contemporaneous oral agreements between and among themselves and their agents and representatives relative to the leasing of the premises are merged in or revoked by this agreement. 20.4 Severability If any terms or provision of this Lease shall, to any extent, be determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Lease shall not be affected thereby, and each term and provision of this Lease shall be valid and be enforceable to the fullest extent permitted by law. 20.5 Costs of Suit If Tenant or Landlord shall bring any action for any relief against the other, declaratory or otherwise, arising out of this Lease, including any suit by Landlord for the recovery of rent or possession of the premises, the losing party shall pay the successful party a reasonable sum for attorney's fees which shall be deemed to have accrued on the commencement of such action and shall be paid whether or not such action is prosecuted to judgment. Should Landlord, without fault on Landlord's part, be made a party to any litigation instituted by Tenant or by any third party against Tenant, or by or against any person holding under or using the premises by license of Tenant, or for the foreclosure of any lien for labor or materials furnished to or for Tenant or any such other person or otherwise arising out of or resulting from any act or transaction of Tenant or of any such other person, Tenant shall save and hold Landlord harmless from any judgment rendered against Landlord or the premises or any part thereof, and all costs and expenses, including reasonable attorney's fees, incurred by Landlord in connection with such litigation. 20.6 Time, Joint and Several Liability Time is of the essence of this Lease and each and every provision hereof, except as to the conditions relating to the delivery of possession of the premises to Tenant. All the terms, covenants and conditions contained in this Lease to be performed by either party if such party shall consist of more than one pers(' or organization, shall be deemed to be joint aihtl-several, and all rights and remedies of the parties shall b cumulative and non-exclusive of any other remedy at law or in equity. 20.7 Binding Effect; Choice of Law r nr LEASE AREA NO.11-SDX805-12 The parties hereto agree that all the provisions hereof are to be construed as both covenants and conditions as though the words importing such covenants and conditions were used in each separate section hereof; and all of the provisions hereof shall bind and inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns. This Lease shall be governed by the laws of the State of California. 20.8 Waiver No covenant, term or condition or the breach thereof shall be deemed waived, except by written consent of the party against whom the waiver is claimed and any waiver or the breach of any covenant, term or condition shall not be deemed to be a waiver of any preceding or succeeding breach of the same or any other covenant, term or condition. Acceptance by Landlord of any performance by Tenant after the time the same shall have become due shall not constitute a waiver by Landlord of the breach or default of any covenant, term or condition. Acceptance by Landlord of any performance by Tenant after the time the same shall have become due shall not constitute a waiver by Landlord of the breach or default of any covenant, term or condition unless otherwise expressly agreed to by Landlord in writing. 20.9 Surrender of Premises The voluntary or other surrender of this Lease by Tenant, or a mutual cancellation thereof, shall not work a merger and shall, at the option of the Landlord, terminate all or any existing subleases or subtenancies, or may, at the option of Landlord, operate as an assignment to it of any or all such subleases or subtenancies. 20.10 Bolding Over If Tenant remains in possession of all or any part of the premises after the expiration of the .term hereof, with or without the express or implied consent of Landlord, such tenancy shall be from month to month only and not a renewal hereof or an extension for any further term, and in such case, rent and other monetary sums due hereunder shall be payable in the amount and at the time specified in this Lease and such month -to -month tenancy shall be subject to every other term, covenant and agreement contained herein. 20.11 Interest on Past Due Obligations Except as expressly herein provided, any amount due to Landlord not paid when due shall bear interest at a rate one percent (1%) above the discount rate of the Federal Reserve Bank of San Francisco from the due date. Payment of such interest together with the amount due shall excuse or cure any default by Tenant under this Lease. 20.12 Recording Tenant shall not record this Lease without Landlord's prior written consent, and such recordation shall, at the option of Landlord, constitute a noncurable default of Tenant hereunder. Either party shall, upon request of the other, execute, acknowledge and deliver to the other a short form memorandum of this Lease for recording purposes. 20.13 Notices All notices or demands of any kind required or desired to be given by Landlord or Tenant hereunder shall be in writing and shall be deemed delivered forty-eight (48) hours after depositing the notice or demand in the United States mail, certified or registered, postage prepaid, addressed to the Landlord or Tenant respectively at the addresses set forth in Article 1. 20.14 No Reservation Submission of this instrument for examinatio ;or signature by Tenant does not constitute a reservation of or option for lease; it is not effective as a lease or otherwise until execution and delivery by both Landlord and Tenant. 20.15 Corporate Authority Page 25 of 26 LEASE AREA No.11-SDX805-12 This section is not applicable. 20.16 Force Majeure If either Landlord or Tenant shall be delayed or prevented from the performance of any act required hereunder by reason of acts of God, governmental restrictions, regulations or controls (except those reasonably foreseeable in connection with the uses contemplated by this Lease) or other cause without fault and beyond the control of the party obligated (except financial inability), performance of such act shall be excused for the period of the delay and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay. Nothing in this clause shall excuse Tenant from prompt payment of any rent, taxes, insurance or any other charge required of Tenant, except as may be expressly provided in this Lease. In Witness Whereof Landlord and Tenant have executed this Lease as of the date first written above. LANDLORD: STATE OF CALIFORNIA, TENANT: CITY OF NATIONAL CITY, DEPARTMENT OF TRANSPORTATION CALIFORNIA BY: BY: SCOTT ATKINS Chief, Airspace and Outdoor Advertising Branch Right of Way Division Department of Transportation i APPROVED AS TO FORM: BY: Al LEST: BY: BY: City Attorney City Clerk VICINITY MAP 11-50-106-12 .t1441 CITY OF NATIONAL CITY EXHIBIT A R,yrI' ,7(E '-s 11-s0-e0s-12 (PLA1 .8+ fi '-"orrsvM' 6'LM!/bMI "7!' re 1.2 11-SO-105 C� PM • • • aria rjA 6S5 6 T kir\4'A \\ \x CJ \ \ Exe II-5D-005-12 MA)I yAIr�.� AMA or NW,SNl' » .T,F { 255 S 7t CITY SAN Trnec genoN M1 NOAML LEOENO [l OOIrY 11 D5 unutms flit VGA MIMINtiION ONLY. mWln6 ONO AWMMG own nn toeD Or YOWLS n M I'mew. RECORD MAP REF LO 45057 MAP DATE: OF DIEGC STATE OF CALIFOR. if*IMPORTATION AGE DEPARTMENT OF TRANSPD DIVISION OF NION% DISTRICT II FREEWAY LEA AREA MAP City of National City, California COUNCIL AGENDA STATEMENT elEETING DATE October 16, 2001 AGENDA ITEM NO. 11 / ITEM TITLE REPORT ON C ARIFICATION OF THE RELATIONSHIP BETWEEN TRANSIENT OCCUPANCY TAXES AND THE DEFINITION OF `TRANSIENT" PREPARED BY George H. Eiser, III EXPLANATION DEPARTMENT City Attorney Please see attached memorandum. Environmental Review X N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Direct staff concerning amendment of Municipal Code, or continue for further consideration. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Memorandum. A-200 (9!991 TO: FROM: SUBJECT: City o National City Office of the City Attorney 1243 Nati nal City Boulevard, National City, CA 91950-4301 George . Eiser, Ill • City Attorney (619) 336 4220 Fax (619) 336-4327 TDD (619) 336-1615 Mayor and C. City Attorney Council DATE: October16, 2001 Report on ification of the Relationship between Transient Occupancy Taxes and the Defmitioi of "Transient" PURPOSE The purpose of this memorandum is to seek the guidance of the City Council concerning a matter of policy regarding Transient Occupancy Taxes and the length of stays to be allowed at hotels and motels. This office, in consultation with both the Finance Department and the Planning Department, perceives that there are areas for needed clarification in the respective ordinances governing Transient Occupancy Taxes ("TOT") and permissible length of stays at hotels and motels. BACKGROUND The Finance Department had conducted a TOT audit last year of one of the hotels. After several meetings with the hotel operators, resolution of the amount owed in back TOT was reached. During that process, however, the operators suggested revisions be made to the TOT ordinance to allow for the refund of TOT once the guest stays beyond 30 days. Certain administrative clarifications to the TOT ordinance were also suggested. While that proposal was being considered by Staff, the operators of Extended Stay America processed a conditional use permit along with a request to amend the land use code to allow for guest stays beyond 30 days. The City Council, in its regular meeting of March 8, 2001, voted to deny the CUP to Extended Stay America, and rejected the idea of amending the land use code to allow for stays beyond 30 days. The Council expressed its concerns regarding the absence of on -site management and the presence of kitchen facilities. The length of proposed occupancy also created concerns about community appearance, noise disturbances, criminality and similar effects. Following the Council's action, both Planning and Finance staff again met, and reviewed the net effect of the situations presented by the TOT audit and the Council's expressed desire not to allow guest stays beyond 30 days. ® Recycled Paper Transient Occupancy Taxes October 16, 2001 Page Two LEGAL ISSUES AFFECTI d the Definition of "Transient" G OCCUPANCY LIMITS Currently, the National Ci motels to allow occupancy Section 18.04.326 and "m "transients". The term " (TOT) provisions (Section who occupies a room for 3 these sections as a restrictio this definition, standing exceeding 30 days. Since it appears to be the less, the Land Use Code sh could potentially reduce sal revenues, is a policy matter ISSUES AFFECTING TO Both San Diego and Chul elapsed. National City do restrict hotel occupancy to particular, has advised th shipyards with stays exceed practice from a business refunded after 30 days in or Pursuant to state law, TOT does not require a refund f Since San Diego and Chul Land Use Code does not make it illegal, per se, for hotels or for more than 30 days. The current definitions of "hotel" in tel" in Section 18.04.434 refer to a place of accommodation for ransient" is then defined by both the Transient Occupancy Tax .32.020) and the Land Use Code (Section 18.04.614) as a person consecutive days or less. Historically, City Staff has administered against stays of more than 30 days. However, it is our view that one, may not be a legally sufficient regulation against stays tent of the Council to restrict hotel and motel stays to 30 days or uld be amended to clearly create such a restriction. Whether that s tax revenues and have related indirect economic effects to TOT for the Council to consider. Vista refund TOT to a transient after 30 days of occupancy has s not, and the National City hotel industry does not necessarily stays of 30 days or less. One hotel operator in National City, in t it has hosted travelers and government contractors from the g 45 to 60 days, and that this is considered to be a very desirable tandpoint. The hotel industry had also suggested that TOT be er for them to remain competitive with neighboring cities. ay be collected only for the first 30 days of occupancy. State law r the initial 30 days' stay once the transient stays beyond 30 days. Vista refund the tax completely and National City does not, any proposal to allow a TOT refund once the transient stayed beyond 30 days would be in conflict with discouraging stays beyond 30 days. It would also require a code amendment. National City receives appr negatively impact those re However, there is a need f ximately $900,000 per year in TOT revenues. Any refund would enues, and the Finance Director is not in favor of TOT refunds. clarifying language. Transient Occupancy Taxes October 16, 2001 Page Three OPTIONS If the Council wishes to m prohibited, and that TOT is subject to refund, then a cl made to Title 18, those Commission. The possible options the Co I. A. Direct staff to pr a maximum of 3 etc.). B. If a greater n hotels/motels, o hotels/motels tha management s II. A. Direct staff to pr 30 days of occup B. To refund TOT at designated fac' III. Continue for STAFF RECOMMENDAT 1. Amend Title 4 occupancy, and 2. Amend Title 18 Depending on the options c and 18 will be prepared and RH/gmo cc: City Manager Planning Director Finance Director d the Definition of "Transient" e it clear that occupancy beyond 30 days in a hotel or motel is to be collected for the first 30 days of occupancy and shall not be ifying ordinance revision is recommended. If changes are to be hanges would also need to be first reviewed at the Planning ncil may wish to consider in this regard are as follows: are an ordinance to clarify that hotel/motel stays are restricted to days, or some other number (e.g., 45 days, 60 days, 90 days, ber of days is selected, consider whether to allow that at all whether to impose restrictions on the length of stays only to provide kitchenette facilities, and that do or do not have on -scene , or some combination of those and other accommodation factors. pare an ordinance to clarify that TOT is not refunded for the first cy, regardless of the actual length of occupancy; or, the first 30 days if occupancy is also allowed to exceed 30 days ities. er consideration and for direction to staff. ONS to clarify that TOT is not refunded for the first 30 days of e other minor administrative clarifications. clarify time limits for occupancy. osen by Council, appropriate language for amendment to Titles 4 processed accordingly. GEORGE H. EISER, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT :4EETING DATE October 16, 2n01 AGENDA ITEM NO. 12 ITEM TITLE REQUEST TO USE THE CO MUNITY CENTER BY THE NATIONAL SCHOOL DISTRICT AND WAIVER OF FEES PREPARED BY Stephen M. Ki kpatrick DEPARTMENT Public Works EXPLANATION The National School District is requesting use of the Community Center on January 30, 2002 for a staff development workshop.The District is requesting the Center from 7:30 a.m. until 4:30 p.m. for approximately 150 people. Cost: Building: $633.24 Custodial: 145.21 Total: $778.45 The School District is also askin• for waiver of fees. This is an acceptable category uif use according to the Council adopted `Rules and Regulations for the Use of the National City Comm nity Center". However, it would take the approval of City Council to waive the fees. Environmental Review x N/A Financial Statement Loss of $778.45 if waiver of fees is approved. Approved By: Finance Director Account No. STAFF RECOMMENDATION Council decision •• us j the C. mmunity Center and waiver of fees. NCI BOARD / COMMISSION RECO MENDATION N/A ATTACHMENTS ( Listed Bel nw) Resolution No. Application for use of the Comm nity Center National School District letter da ed September 6, 2001 A-200 (9;99) 01 SE. p 0 ill 12: NATIONAL SCHOOL DISTRICT 1500 N AVENUE • NATIONAL CITY, CA 91950 • (619) 336-7500 FAX (619) 336-7505 September 6, 2001 Mr. Burt Myers Engineering/Public Works Director 1243 National City Boulevard National City, CA 91950 Dear Mr. Myers: 2 I am submitting this letter to request the use of the National City Community Building for the purpose of a staff development workshop for National School District employees. I also request the City of National City waive the fee. The date of our workshop is January 30, 2002, from 7:30 a.m. to 4:30 p.m. I anticipate approximately 150 people to attend this workshop. If you have any questions, please feel free to call my assistant, Maria Dalla, or me at 336- 7721. Thank you very much for assisting in this matter. We look forward to hearing from you regarding the City Council's approval of our request. Sincerely, Cynthia A. Mesaros Assistant Superintendent —Human Resources CAM:md BOARD MEMBERS: ROSALIE ROSIE" ALVARADO, ANNE L CAMPBELL; ALMA GRAHAM; JAMES GRIER, JR.; FRANK PEREZ DISTRICT SUPERINTENDENT: GEORGE J. CAMERON, Ed.D. ASSISTANT SUPERINTENDENT —EDUCATIONAL SERVICES: ELLEN C. CURTIN. Ed.D. M ASRIRTAT CI IPFPhWTFMnr_c r. l ielMCCc ccosarcc- •Lr.JLG. . rwcr....%c. A....... -•..a ... ...^.... ... ..._.. ____. .____ _.._._... _ . _.-_ - - - APPLICATION FOR USE OF TILE NATIONAL CITY COMMUNITY BUILDING TO ALL APPLICANTS: It is strongly recommended that the applicant requesting use of the facility attend the City Council meeting, when the Item is going to be discussed in order to answer any questions posed by the City Council. Please refer to the attached copy of "Rules and Regulations." Name of Organization Business Address Name of Applicant Cynthia A. Nesaros Address same as above NATIONAL SCHOOL DISTRICT 1500 N Avenue Telephone Number ( 619)336-7721 (day) (_ ) Typo of Function Employee Staff Development Date Requested January 30, 2002 Decorating Time (am/pm) to (am/pm) Function Time 7:30 ( pm) to 4:30 ( Use of Kitchen Facility yes g no Usc Time (ant/pm) to (am/pin) Clean-up (am/Pm) to ..._ (wpm) Number of Participants Approximately 150 Will Admission be charged? no If yes. Amount $ Will this event be used as a fund raising event? no Will alcohol be served? no ABC Permit Submitted? Certificate of Insurance attached? on file Special configuration of tables or chairs required? ' (If yes, attach sketch) Special equipment required? 'a (If yes, attached list) Microphone and podium Copy of Rules & Regulations provided? xs: Initial I CERTIFY THAT I HAVE RECEIVED A COPY OF THE RULES & REGULATIONS FOR THE COMMUNITY CENTER, AND I AGREE FOR MY ORGANIZATION TO CONFORM TO AI.L OP ITS PROVISIONS. (evening) Applicant recognizes and understands that use of the City's facility may meate a possessory interest subject to property taxation and that Applicant may be subject to the payment of property taxes levied on such interest. Applicant further agrees to pay any and all property taxer, if any assessed during the use of the Cily's facility pursuant to Sections 107 and 107.6 of the Revenue and Taxation Code against Applicant's possessory interest in the City's facility. COL.bl�oa�-� Signatut4 of Applicant 9/12/01 Date City of National City, California C*UNCIL AGENDA STATEMENT . iEETING DATE October 16, 2101 AGENDA ITEM NO. 13 ITEM TITLE TEMPORAR USE PERMIT — McCUNE MOTORS - USED VEHICLE TENT SALE B Kathleen Tree , Director Building and Safety PREPARED BY DEPARTMENT EXPLANATION This is a request from McC e Motors to conduct a four day used vehicle tent sale on Lot 2 at the Plaza Bonita Shopping Center, from Friday, November 9 — Monday, November 12, 2001. The hours of the sale are 9:00 a.m. until 10:00 p.m. This event involves the sale of used cars from the McCune lot in National City. D.J. music will be provided for entertainment from 10 a.m. through 6 p.m. during the event. Environmental Review N/A Financial Statement Approved By: Finance Director The City has incurred $115.00 in costs in processing the T.U.P. application through various City Departments. Account No. STAFF RECOMMENDATION N/A Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Application For A Temporary Use Permit with recommended conditions of approval A-200 (9: 99) Type of Event: Public Concert Parade Motion Picture Event Title: Event Location: %� --A p� /1/ � Event Date(s): From / / 9 to %I '— Total Anticipated Attendance: ,r/ Month/Day/Year ( ' Participants) � /^�,,�� (i �f1 Spectators) Actual Event Hours: �1� J- pm to (/ � %C arr� Setup/assembly/construction Date uV It 8 Start time: ( r AM Please describe the scope of your setup/assembly work (specific details): 4'7-$ JAIO of 74 s T. J e- b C'7' c _ Fair _ Festival _ Community Event _ Demonstration _ Circus Block Party _ Grand Opening Other ). 1st ( �L W Dismantle Date: / 1 '— j 3 Completion Time: List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. Sponsoring Organization: f C AIK A (O For Profit Not -for -Profit Chief Officer of Organization (Name) Ai ` e_Ot Are Applicant (Name): fM _C Nr 6 PP 0 � %J � �..�D Address: c9-340 r / OK,lA-L- !- ` , Daytime Phone: II) 411 110 1 Evening Phone: ? 1477 110 I Fax: 0 474z- 4 b Contact Person "on site" day of the event (-til -'/ 6-4 9 el — 1 _ 6( eti SS`- Le_ Pager/Cellular: lq-- 3001 14-� NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 Is your organization a "Tax Exempt, nonprofit" organization? Are admission, entry, vendor or participant fees required? If YES, please explain the purpose and provide amount(s): _YES NO _ YES „6 NO $ ACO. 00° Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ s0 0 0 Estimated Expenses for this event. $ 0 v`(A 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 pertin information about the event. a, in (ice) /% �%: vi" -rQ %L AA IVL Z/ jv t 2>c-ccau _ YES NO D YES _ NO Will ite _ YES /\NO Does t highway direction _ YES NO Does th showing In addition to the route ma and set-up locations for th ➢ Alcoholic and N > Food Concession Please describe h ent involve the sale or use of alcoholic beverages? or services be sold at the event? If yes, please describe: e event involve a moving route of any kind along streets, sidewalks or ? If YES, attach a detailed map of your proposed route indicate the of travel, and provide a written narrative to explain your route. event involve a fixed venue site? If YES, attach a detailed site map II streets impacted by the event. required above, please attach a diagram showing the overall layout following items: Icoholic Concession and/or Beer Garden areas. d/or Food Preparation areas % food will be served at the event: / v If you intend to k food in the event area please specify the method: GAS E ECTRIC _ CHARCOAL OTHER (Specify): ➢ Portable and/or P Number of portab applicant can sh during the event) ➢ Tables and Chai ➢ Fencing, barriers > Generator locati > Canopies or tent > Booths, exhibits, ➢ Scaffolding, bl ➢ Vehicles and/or ➢ Other related ev ➢ Trash containers (Note: You must event and imm condition.) Number of trash rmanent Toilet Facilities toilets: (1 for every 250 people is required, unless the that there are facilities in the immediate, area available to the public nd/or barricades s and/or source of electricity ions (include tent/canopy dimensions) 'splays or enclosures hers, platforms, stages, grandstands or related structures lers nt components not covered above nd dumpsters roperly dispose of waste and garbage throughout the term of your lately upon conclusion of the event the area must be returned to a clean ns: Trash containers with lids: Describe your plan for cl - - n-up and removal of waste and garbage during and after the event: P/ J PCA r r e. d&-c 3 Pleaspescribe your procedures for both Crowd Co I and Internal Security: �� 1 �ltc L K. GLI (' l4 _ YES NO Have you hired any Professional Security organization to handle security YES arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please CI 2 e -riN youSje providing First Aid (fir and Cq npS,mCent Please describe your ccessibility Plan for access at your event by individuals with disabilities: AT 0 71Z/ e:T7 O fvf Please provide a detailed description of your PARKING plan: 014 / I o '1 -c c. A - /,)5 4 Please describe your plan for DISABLED PARKING: Please d.-- 'be your plans to notify all residents, businesses and churchesfimpact by the event: (0 /' ° % � 1, l� v .g. 5 A/ 711to e__ . NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. K YES _ NO Are ther any musical entertainment features related to your event? If YES, please = e the number of stages, number of bands and type o/ music. Number •f Stages: AI /A Number of Bands: Type of usic: 1 J f AV 'LI .- 1 C 4_ YES _ NO Will sou d amplificationlibe used? If YES, please indicate: 0 Start tim-: / ar pm Finish Time a YES NO Will sou d checks be conducted prior to the event? If YES, please indicate: Start ti e: am/pm Finish Time am/pm Please s escribe the sound equipment that will be used for your event: YES NO Firewo s, rockets, or other pyrotechnics? If YES, please describe: _ YES NO Any sig s, banners, decorations, special lighting? If YES, please describe: For Office 'Use Only Department Date Yes No Condition(s) of Approval Specific Conditions of Approval Initial 6 CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED Conditions of Approval SPONSORING ORGANIZATION: McCune Motors EVENT: Used Vehicle Tent Sale DATE OF EVENT: November 9-12, 2001 TIME: 9:00 a.m. until 10:00 p.m. APPROVALS: PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ ] FIRE YES [ x.] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] POLICE YES [ x 1 NO [ 1 SEE CONDITIONS [ 1 SPECIFIC Conditions of Approval: FIRE (336-4550) 1. Exit ways to be maintained in an unobstructed manner at all times. Exit way to be clear of all obstruction for it's entire width and length. 2. Fire extinguishers shall be on premises, type 2-A:10-BC. Travel distance not to exceed seventy five (75) feet. 3. Fire Department access roads shall be provided and maintained at a width of 20 feet and a vertical clearance of 13'6" at all times. 4. Fire hydrants and fire suppression connections and appliances shall not be blocked or obstructed at any time. 5. Fire Department permit is required for the used of canopies or tents. Permit fee is eighty-five dollars ($85.00). Permit to be obtained from Fire Department. 6. Site map showing size, location, and configuration of tent, canopies, vehicle locations and placement of event on property. 7. Canopies and tents are to be constructed of a flame resistant material with the California State Fire Marshal seal of approval attached. 8. Vehicles are not to be parked within twenty (20) feet of tents or canopies. FINANCE (336-4330) A business license is required of all vendors and businesses participating in the special event. Each separate vendor must have a separate business license. Merchants licensed for the site can operate on their current license. 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 MC� Ail6 A/c s - Person in Charge of Activity ef,0,,...et Address 'cK 4 O C Telephone 6 / q —4 17 e)"34—Date(s) of Use /I I — 7 (K1143 HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal i ' '' , death or property damage, or both, or any litigation and other liability, ' din . - orney - - - and the costs of litigation, arising out of or related to , e 4 se of • ' is pr• • - or the activity taken under the permit by the permittee • r i - agen - mplo, - - - or contracto Signature of Official Title ( Date f-or Office Use Only Certificate of Insurance Approved Date 7 City of National City, California UNCIL AGENDA STATEMENT .1EETING DATE October 16, 21101 AGENDA ITEM NO. 14 / ITEM TITLE TEMPORAR USE PERMIT — FATHER AND SON AUTO SALES - USED VEHICLE TENT SALE PREPARED BY Kathleen Tree , Director DEPARTMENT EXPLANATION Building and Safety This is a request from Father & Son Auto Sales, 100 W. 30th St. to conduct a three day used vehicle tent sale on the parki g lot of Sweetwater Square Plaza, 3007 Highland Ave., from Friday, October 19 — Sunda , October 21, 2001. The hours of the sale are 9:00 a.m. until 9:00 p.m. This event involves on y the sale of used cars from his lot in National City. D.J. music will be provided :or entertainment from 12 p.m. through 9 p.m. during the event. Environmental Review _ N/A 1-Financial Statement Approved By: Finance Director The City has incurred $115. )0 in costs in processing the T.U.P. application through various City Departments. %TAFF RECOMMENDATION Account No. N/A Approve the Application fo a Temporary Use Permit subject to compliance with all conditions of approval. BOARD / COMMISSION RECO MENDATION N/A ATTACHMENTS ( Listed Bel w ) Resolution No. Application For A Tempor. y Use Permit with recommended conditions of approval A-200 (9;99) CITY OF NATIONAL CITY B LDING AND SAFETY DEPARTMENT APPLI ATION FOR A TEMPORARY USE PERMIT COMMENDED Conditions of Approval SPONSORING ORGANIZ EVENT: DATE OF EVENT: TIME: APPROVALS: PLANNING FIRE FINANCE POLICE TION: Father & Son Auto Sales Used Vehicle Tent Sale October 19-21, 2001 9:00 a.m. until 9:00 p.m. SPECIFIC Conditions of ' pproval: FIRE (336-4550) 1. Exit ways to be clear of all obs 2. Fire extinguis exceed seventy 3. Fire Departme and a vertical c 4. Fire hydrants obstructed at a 5. Fire Departme eighty-five dol 6. Site map showi and placement 7. Canopies and t California Stat 8. Vehicles are n FINANCE (336-4330) A business license event. Each separa for the site can op YES [ x ] NO [ ] YES [x] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] SEE CONDITIONS [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x SEE CONDITIONS [ 1 maintained in an unobstructed manner at all times. Exit way to be ction for it's entire width and length. rs shall be on premises, type 2-A:10-BC. Travel distance not to five (75) feet. t,access roads shall be provided and maintained at a width of 20 feet earance of 13'6" at all times. d fire suppression connections and appliances shall not be blocked or y time. t permit is required for the used of canopies or tents. Permit fee is ars ($85.00). Permit to be obtained from Fire Department. g size, location, and configuration of tent, canopies, vehicle locations f event on property. nts are to be constructed of a flame resistant material with the Fire Marshal seal of approval attached. t to be parked within twenty (20) feet of tents or canopies. is required of all vendors and businesses participating in the special e vendor must have a separate business license. Merchants licensed rate on their current license. Type of Event: _ Public Concert Fair _ Festival _ Parade _ Demonstration _ Circus _ Block Party _ Motion Picture _, Grand Opening _ Other Event Title: (V5cD ( t Event Location: 5(,t%r Re x r�4)a c ice 4i Event Date(s): rh/ /O� f !Ito " 4 L ' l Anticipated Attendance: f Month/Day/Year (_____Participants) (__Spectators) Actual Event Hours: % ('pm to =m 11. Setup/assembly/construction Datet f?// 2• !Start time: • Community Event Please describe the scope of your setup/assembly work (specific details): rat 0e. 4aLe Wei Alb ,V/ uJt» 49.t$, 41s' T >f s> r taint 149,9041-,s, T ce); )) Pc; Se,Je try Dismantle Date /i J /— Q/ Completion Time: ,pad am ) List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. Sponsoring Organization fiRck5Z9 * rr✓T For Profit Not -for -Profit Chief Officer of Organization (Name)Lr%% Applicant (Name):" /tsc/ii/l9 /� Address:` 9 Gt.)c?07.1 `61`% � �7D4I,l/ /�f f, f/l/ G/ Daytime Phone: (�/ 1 ,1-9470 Evening Phon'a� %% o/f FFaaxxi/94 Lf%,'dr/0 ho Contact Person "on site" day of the event: J / �"f/Csti /.Z?/fX, Pager/ lular. l/i"37% $7// NOTE: THIS PERSON MUST BE IN ATF ANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CIttOFFICIALS 1 Is your organization a "Tax Exempt, nonprofit" organization? Are admission, entry, vendor or participant fees required? If YES, please explain the purpose and provide amount(s): YES NO YES NO $ Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ Estimated Expenses for this event. $ What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. 2 f, _ YES XNO YES NO _ YES)(NO Does the event involve the sale or use of alcoholic beverages? Will items or services be sold at the event? If yes, please describe: 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. kYES _ NO site Does the event involve a fixed venue site? If YES, attach a detailed showing all streets im ,ed the event6�,., fie SV,9/r'17 In addition to the route map required above, pleit attach a diagram showing the overall layout and set-up locations for the following items: ➢ Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. > Food Concession and/or Food Preparation areas Please describe how food will be served at the event If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): > Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) Tables and Chairs Fencing, barriers and/or barricades Generator locations and/or source of electricity Canopies or tent locations (include tent/canopy dimensions) > Booths, exhibits, displays or enclosures > Scaffolding, bleachers, platforms, stages, grandstands or related structures ➢ Vehicles and/or trailers ➢ Other related event components not covered above Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a dean condition.) Number of trash cans: A Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: u'€ wee Zvi' ! r%iothoeh, 3 , .d puree 6:)'c.4, -r -141 is- ol ae4---7-4,14,_ 3 Please describe your procedures for both Crowd Control and Internal Security: _ YES _ NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: _ YES _ NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. Please describe your Accessibility Plan for access at your event by individuals with disabilities: Please provide a detailed description of your PARKING plan: 4 Please describe your plan f • r DISABLED PARKING: Please describe your plans o notify all residents, businesses and churches impacted by the event: NOTE: Neighborhood real - its must be notified 72 hours in advance when events are scheduled in the City pa YES _ NO Are there = ny musical entertainment features related to your event? If YES, please r e the number of stages, number of bands and type of music. Number • Stages: Ri@,16. Number of Bands: ,t'o' i Type of usic: p. )(YES _ NO Will soun • amplification be used? If YES, please indicate: Start tim =:/642:60 ®a am/pm Finish Time am/pm _ YES / NO Will soun • checks be conducted prior to the event? If YES, please indicate: Start tim : am/pm Finish lime am/pm Please d « be the sound equipment that will be used for your event: YES 4O Firework-, rockets, or other pyrotechnics? If YES, please describe: 0 ES _ NO Any sig s, banners, deco $ions, special lighting? If YES, please describe: 17;c .‘9,51/94,11, e' 410 ,/ j r QI y/ihl 3 5 ,for Office 'Use OnCy Department Date Yes No Condition(s) of Approval Initial Specific Conditions of Approval ai'�'sl:s�;f1Li ANC SA�p c; :�. s- MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT October 16, 2001 AGENDA ITEM NO, 15 ITEM TITLE NOTICE OF DECISION — CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY ON A CHURCH AT 242 E. 8T STREET (APPLICANT: AT&T FIXED WIRELESS SERVICE) (CASE FILE NO. CUP-2001-6) PREPARED BY Charley Marchessaano DEPARTMENT Planning EXPLANATION The wireless communication facility will be located at the First United Methodist Church at the southwest corner of E. 8th Street and C Avenue. The 15,525 square foot property is in the General Commercial (CG) zone. Adjacent uses include businesses along E. 8th Street and single family residences across C Avenue to the east. The proposed facility includes 4 p panel antennas will be screened church building to 52-feet. The and textured to match the existing 10-foot tall equipment enclosure have limited visibility. The propos There was no testimony in op Commission voted to approve the these conditions specify that the t Conditions of approval also req requirements. The proposal compl el antennas, 2 GPS antennas, and a 100 square foot equipment building. The ehind a 5'6" extension of the church tower, bringing the total height of the xtension will be constructed of radio frequency transparent material, painted church building. GPS antennas will be located on an existing roof parapet. A ill be constructed in an interior courtyard on the east side of the property and 1 is considered a stealth facility since antennas will not be noticeable. osition to the project at the Planning Commission public hearing. The project with all staff recommended conditions, with modifications to two of .wer extension and equipment enclosure be maintained to match the church. ire proposed exterior A.C. units to be screened in accordance with Code es with all other Code requirements and no Variances are needed. (Environmental Review Financial Statement >STAFF RECOMMENDATION N/A N'A Categorical Exemption Account No. Staff concurs with the decision o the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECO MENDATION The Planning Commission approv -d the Conditional Use Permit. Vote: Ayes — Valderrama, Parra Flores, Ungab, Baca, Reynolds Abstaining — Detzer ATTACHMENTS ( Listed Bel 1. Planning Commission Resolu 2. Location Map w) Resolution No. ion No. 31-2001 3. Reduced project elevations A-200 (9/60) RESOLUTION NO.31-2001 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY ON A CHURCH AT 242 E. 8m STREET. APPLICANT: AT&T FIXED WIRELESS SERVICE. CASE FILE NO. CUP-2001-6 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit application for a wireless communications facility on a church at 242 E. 8th Street at a duly advertised public hearing held on September 17, 2001, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File No. CUP-2001-6, 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 September 17, 2001, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the 15,525 square foot property is large enough to accommodate the proposed wireless facility without restricting the existing church use. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the site is served by E. 8t Street, an arterial, and the unmanned wireless facility will generate little new traffic. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the proposed antenna arrays will be completely screened behind a church tower extension, and since conditions of approval require the proposed equipment shelter to be painted and textured to match the existing church. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the facility will enhance wireless communications capabilities as demanded by consumers. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 1. This Conditional Use Permit authorizes a wireless communications facility. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A-2"d Revision, Case File No. CUP-2001-6, dated September 11, 2001. 2. Plans submitted with any application for a building permit must comply with the 1998 California Building, Electrical, Plumbing, and Mechanical Codes, and Title 24 Energy and Handicapped Regulations. 3. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Planning Director prior to recordation. 4. The permittee shall not object to co -locating additional facilities of other communication companies and sharing the project site, provided such shared use does not result in substantial technical or quality -of -service impairment for the permitted use. In the event a dispute arises with regard to co -locating with other existing or potential users, the City may require a third party technical study at the expense of either or both the applicant or the complaining user. This condition in no way obligates the City to approve any co -location proposal if it is determined by the City not to be desirable in a specific case. 5. Any antennas, equipment or facilities that are abandoned, decommissioned, or become obsolete shall be removed. 6. The fiberglass tower extension enclosing the antennas shall be painted, textured, and maintained to match the existing church building. 7. Plans submitted for the equipment enclosure shall specify that it will be of standard construction and not a modular building. 8. 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. 9. The equipment end o sure shall be painted, textured and maintained to match the church building. Detached AC units shall comply with Code requirements for screening of mechanical equipme 10. Building plans shall matching the roof o 11. All cable runs and c visible from adjacen BE IT FURTHER applicant and to the City C BE IT FINALLY following the City Council an appeal in writing is fil meeting. The City Counci set the matter for public he CERTIFICATION: show a roof on the equipment enclosure, with materials and color the church. nduit shall be located on the interior of building walls and shall not be properties. SOLVED that copies of this Resolution be transmitted forthwith to the uncil. SOLVED that this Resolution shall become effective and final on the day meeting where the Planning Commission resolution is set for review, unless d with the City Clerk prior to 5:00 p.m. on the day of that City Council may, at that meeting, appeal the decision of the Planning Commission and This certifies that the Reso ution was adopted by the Planning Commission at their meeting of October 1, 2001, by the following v AYES: VALDERRAMA, NAYS: ABSENT: ABSTAIN: te: ARRA, FLORES, UNGAB, BACA, REYNOLDS, DETZER. "'„a9K CHAIRMAN N A PROJECT LOCATION EXISTING BUILDING LOCATION MAP antennaes tion ZONE BOUNDARY — — — — - 242 E. 8th Street CUP-2001-6 NATIONAL CITY PLANNING DRN: 8116101 INITIAL HEARING: 9117101 ZONING R II II I- R !9 PROPOSED AT&T ANTENNAS BEHIND NEW SCREEN TEXTURED AND PAINTED TO MATCH EXISTING BRICK VENEER CUT OFF TOP 12' OF EXISTING CONCRETE CROSS AND REPLACE PUTH FIBERGLASS TO MATCH EXISTING CROSS. EXI EXISTING GROSS EXISTING BRICK BELL TOWER PROPOSED GP5 ANTENNA (BEHIND) EXISTING CHJRGH STING CHURCH OFFICES AND CLASS ROOMS - NOTES; I. ALL GABLES AND CONDUITS WILL BE LOCATED UNDERGROUND OR CONGEALED WITHIN THE EXISTING BUILDING STRUCTURE. 2. EQUIPMENT SHELTER WILL NOT BE A MODULAR BUILDING. EAST ELEVATION SCALE I/8' = I•-0' PROPOSED AT*T EQUIPMENT SHELTER a O 4 8 -07-2001 DRAWN BY: PSN REVISIONS M DESCRIPTION 111•11111 MINCE AIAAAAPOAN1A AT FIRED WIRELESS PROJECT MANN= GIANNI ASSOCIATES 6010 CORNERSTONE R. /T0 SAN MEGO, CA 9•11 0150) SASA000 F?FCF'T\TT7 _;, SEP 0 7 2001 _I IPY: ■ f:06A&0•An1 E•EAT iL 411001w,111, MM ponmwam FIRST UNITED METHODIST CHURCH 242 E SHEET NAIDOM. CITY, CA 9T950 JOB/ SDFW-061_N1 EAST ELEVATION A-3.0 ZONING r, PROPOSED ATST ANTENNAS BEHIND NEN SCREEN TEXTURED MD PAINTED TO MATCH EXISTING. BRICK VENEER. 41) ry v ?cam CUT OFF TOP 12" OF EXISTING CONCRETE CROSS AND REPLACE WITH FIBERGLASS TO MATCH EXISTING. CROSS EXISTING. BRICK BELL TOWER EXI5ITN6 CHURCH I ❑❑❑ DOD j ❑❑❑ 000 NORTH ELEVATION SCALE I/8' I'-0" 4 8 09-07-2001 DRAWN BT: PSN REVISIONS DATE OMR OWIAILEBBIERVaill NICE) W REIESS PROJECT MANAGER GIANNI + ASSOCIATES e010 CORNERSTONE CT. 910 SAP! DIECO, CA 92II1 ROW 2199990 7SEP 0 7 200' cn' ions PG.-pN1.1-.. Us(“sleassmis FIRST UNITED METHODIST CHURCH 292 E SIAEET NATIONAL DIY, CA 91950 JOB# SDFW-061_N1 NORTH ELEVATION A-3.1 ZONING -07-2001 PROPOSED ATtT 6PS ANTENNAS (2) -11 JL PROPOSED CONDUIT CONCEALED IN WALL FOR 6PS ANTENNAS EXISTING. CHURCH OFFICES AND CLASSROOMS DRAWN SY: P91 REVISIONS DATE OEEG ME N OWIREIJOASENVICES MINIM 010.2111% PROPOSED AT*T HVAG UNITS EXISTING STAIRS AND LANDING PROPOSED AT4T EQUIPMENT SHELTER. SOUTH ELEVATION SCALE I/S' = P-0' EXISTNG WINDOWS EXISTING GAS METER O 4 S ND 4WREUSS PROIFQ MANAGER GIANNI + ASSOCIATES 6010 CORNERSTONE CI.. 6110 SAN DIEGO, CA. 92121 T6i615359660 $sY ,,ICFJV!T. 5 SEP 0 7 200 BY. cni c- cdkaunpeualennol 1,[111611ROWASITINZEILIRSOIVI 141.1311:00.CALIMMIA Mal m. I.M) Ns1.1. 6tl PSI sse FIRST UNITED METHODIST CHURCH 262 E s1 E3 NOON& OTY, CA 01950 J08# SDFW-051 N1 SOUTH ELEVATION A-3.2 City of National City, California OUNCIL AGENDA STATEMENT MEETING DATE October 1 6, 200 16 AGENDA ITEM NO. ITEM TITLE NOTICE OF DE ISION -- CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACIL TY ON PLAZA BOULEVARD WEST OF AND ADJACENT TO INTERSTATE 805 (APPLIC T: RICHARD CONNOR RILEY & ASSOCIATES) (CASE FILE NO. CUP-2001-3) PREPARED BY DEPARTMENT Andrew Hoskins • n ( Planning EXPLANATION The proj ct site is adjacent an existing wireless communications facility between Plaza Boulevard and 12t' Stree , west of and adjacent to Interstate 805. The property is zoned General Commercial -Planned Develop i ent (CG-PD). There are commercial uses west and south of the site, and single-family dwellings to the n•rth. Sprint PCS proposes to co struct a 420 square foot equipment area, which will be fenced by a six- foot tall wrought iron fence. I side this equipment area they will construct a 53-foot tall monopalm. The monopalm will have mold..d polyurethane bark and fronds to resemble a date palm, and it will hold nine panel antennas, which wi 1 be painted to match the fronds. Additionally, they will build a 240 square foot equipment buildin_,, which will have a gable roof and stucco finish to match the existing wireless equipment building on site. Associated landscaping, including two live 30-foot tall date palms, will be planted to screen the use. Staff is incidentally working with Nextel to address landscape deficiencies on site (i.e. dead p.lm tree). At the September 17, 2001 Planning Commission meeting the Commission added a condition requiring the applicant to maint repair. The Commission appr unobtrusive. in all of the wireless equipment placed on site, so that it remains in good ved the proposal, since it is a stealth facility designed to be visually Environmental Review Financial Statement N/A N/A Exempt Account No. STAFF RECOMMENDATION Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. A° BOARD / COMMISSION RECOMMENDATION The Planning Commission approved the Conditional Use Permit. Vote: Ayes — Flores, Valderraina, Ungab, Baca, Reynolds, Detzer, Parra ATTACHMENTS ( Listed Below) Resolution No. 1. Planning Commission Resolution No. 32-2001 2. Location Map 3. Site plan and elevations of the proposed wireless facility A-200 (9/80) RESOLUTION NO. 32-2001 A RES I LUTION OF THE PLANNING COMMISSION OF T I CITY OF NATIONAL CITY, CALIFORNIA, APPI' OVING A CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY 0 PLAZA BOULEVARD WEST OF AND ADJACENT TO INTERSTATE 805 APPLICANT: RI HARD CONNOR RILEY & ASSOCIATES FOR SPRINT CASE FILE NO. CUP-2001-3 WHEREAS, the P Conditional Use Permit ap west of and adjacent to Int 2001, at which time oral an arming Commission of the City of National City considered a lication for a wireless communications facility on Plaza Boulevard rstate 805 at a duly advertised public hearing held on September 17, documentary evidence was presented; and, WHEREAS, at said public hearing the Planning Commission considered the staff report contained in Case File No. CUP-2001-3, maintained by the City and incorporated herein by reference along with eviden e and testimony at said hearing; and, WHEREAS, this law and City law; and, tion is taken pursuant to all applicable procedures required by State WHEREAS, the . •tion recited herein is found to be essential for the preservation of public health, safety, and g neral welfare. NOW, THEREFO , BE IT RESOLVED by the Planning Commission of the City of National City, California, t at the testimony and evidence presented to the Planning Commission at the public hearing held on September 17, 2001, support the following findings: 1. That the site for the property can acco adjacent to an exis 2. That the site has s pavement type to c the wireless facility activities, and sinc 3. That the proposed since the equipme property and to palms will be plan a date palm. proposed use is adequate in size and shape, since the 12,197 square foot odate the 420 square foot equipment enclosure and monopalm g wireless communications facility that occupies the property. cient access to streets and highways that are adequate in width and the volume and type of traffic generated by the proposed use, since is unmanned and will typically be visited once a month for maintenance the site can be accessed from Plaza Boulevard an arterial road. e will not have an adverse effect upon adjacent or abutting properties, t enclosure will be designed to match the existing development on the rmonize with nearby residential development, and since two live date ed to minimize the visual impactof the monopalm, which will resemble J 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will improve the performance of wireless communications devices, which are demanded by many customers. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 1. This Conditional Use Permit authorizes the operation of a wireless communications facility. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File no. CUP-2001-3 dated 9/5/01. 2. Plans submitted with any application for a building permit must comply with the 1998 California Building, Plumbing, Electrical, and Mechanical Codes and the California Title 24 handicapped and energy regulations. 3. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 4. Exterior walls of buildings to a height of not less than 6 feet shall be treated with "Graffiti Melt Coating" manufactured by Genesis Coatings, Inc. A similar product may be used, subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 5. A landscape and irrigation plan, prepared in accordance with the City's Guidelines for On - Site Landscaping, shall be submitted for review and approval by the Planning Department. The plan shall depict proposed planting of a minimum of two palm trees in the area immediately surrounding the proposed antenna support structure and additional shrubs and/or trees along the perimeter of the proposed equipment building. Required palms, which shall be Date Palm (Phoenix dactylifera) species shall have a minimum height of 30 feet at time of planting. Required landscaping and irrigation shall be installed concurrently with the installation of the proposed antenna structure, and shall be continuously maintained by the applicant for the duration of this Conditional Use Permit. 6. The permittee shall not object to co -locating additional facilities of other communication companies and sharing the project site, provided such shared use does not result in substantial technical or quality -of -service impairment for the permitted use. In the event a dispute arises with regard to co -locating with other existing or potential users, the City may require a third party technical study at the expense of either or both the applicant or the complaining user. This condition in no way obligates the City to approve any co -location proposal if it is determined by the City not to be desirable in a specific case. 7. Any antennas, equipment or facilities that are abandoned, decommissioned, or become obsolete shall be removed. 8. Plans submitted for the equipment enclosure shall specify that it will be of standard construction and not a modular building. 9. The property owner shall submit a letter to the Sweetwater Authority stating fire flow requirements. The owner shall enter into an agreement with the Authority for any water facility improvements required for the proposed project. 10. Before this Condition owner both shall sign Department, acknowle permit. Failure to re receipt shall automati evidence to the satisf Property is recorded fees to the County. imposed by approval interest holders or e approved as to form recordation. 11. This permit shall bec the resolution of app 18.116.190 of the M 12. The monopalm is to subject to approval b 13. All antennas, equipm the monopalm resem remain in good condi Use Permit shall become effective, the applicant and the property and have notarized an Acceptance Form, provided by the Planning ging and accepting all conditions imposed upon the approval of this the signed and notarized Acceptance Form within 30 days of its y terminate the Conditional Use. The applicant shall also submit tion of the Planning Director that a Notice of Restriction on Real 'th the County Recorder. The applicant shall pay necessary recording e Notice of Restriction shall provide information that conditions of the Conditional Use Permit are binding on all present or future tate holders of the property. The Notice of Restriction shall be y the City Attorney and signed by the Planning Director prior to me null and void if not exercised within (one year) after adoption of oval unless extended according to procedures specified in Section 'cipal Code. resemble a date palm (Phoenix dactylifera); its final appearance is the Planning Department. nt, and facilities for Sprint shall be continuously maintained so that les a healthy date palm and the additional equipment and structures ion. BE IT FURTHER SOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Co cil. BE IT FINALLY following the City Council an appeal in writing is file meeting. The City Council set the matter for public he CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of October 1, 2001, by the following vste: SOLVED that this Resolution shall become effective and fmal on the day eeting where the Planning Commission resolution is set for review, unless with the City Clerk prior to 5:00 p.m. on the day of that City Council may, at that meeting, appeal the decision of the Planning Commission and ing. AYES: NAYS: ABSENT: ABSTAIN: VALDERRAMA, PARRA, FLORES, UNGAB, BACA, REYNOLDS, DETZER. C›< 4;!,;'e CHAIRMAN '1 cc .. ... eet -I' sty, - • lit" - .... - - c ..... ••• EXISTING WIRELESS COMMUNICATIONS FACILITY PROPOSED EQUIPMENT ENCLOSURE PROPOSED MONOPALM PROJECT SITE fq;10 ;1?:-PfP1 LOCATION MAP 1905 Plaza Boulevard CUP-2001-3 NATIONAL CITY PLANNING DRN. DATE: 8/27/01 INITIAL HEARING: 9/17/01 ITEM #17 10/16/01 Councilmember Beau employees called to a background report. • hamp requested a discussion of compensation for City tive duty military reserve status. Please see attached City • f National City Pers • nnel Department 1243 Na Tonal City Boulevard National City, CA 91950-4301 Phone: (• 19) 336-4300 TDD: (619) 336-4304 Date: October10, 2001 S Due to the recent terrorism ev City currently employs six (6) r called to active service soon. Police Sergeant Sr Police Officers (2) Police Officer Sr Engineering Tech Library Assistant About 10 years ago, a similar allow called -up for duty emplo donated time from other empl must continue pay for a 30 da supplement to their regular sal likelihood at this point that any advance of the need. I also bel financial hardship during servi have any information on what under an assumption that two military pay was approximatel month after the first 30 days. Therefore, I am recommen employee called -up for duty to RCD:Im Military Leave ts, Military Reservists are being called to active duty. The City of National servists, none of whom have as of this date been called yet, but who may be e positions they fill are: $5,618 mo. salary $4,693 mo. salary $3,500 mo. salary $4,018 mo. salary $11.20 hourly salary ituation occurred during Operation Desert Storm and the Council acted to ee reservists to supplement their military salary up to their normal salary using yees for the duration of their call-up. Current law only provides that the City period. However, most larger agencies in the County have already acted to for longer periods of at least six (6) months. Even though there is little of our employees will be called -up, I believe it prudent to establish a policy in *eve that it's the City place to carry the burden of keeping our employees from e to the Country. The cost of a program is hard to estimate, as we do not military pay would be, which employee will be called -up or when. However, 2) employees were called -up, that they were both Sr. Police Officers and their half their normal salary, the additional cost would be $4,693/mo. for each g that the City implement a policy to supplement the military pay of any maximum of their normal base salary for a period of six (6) months. ® Recycled Paper OFF AGENDA ITEM 0 TEMPORARY Sponsoring Org Date: Time: Location: tober 16, 2001 SE PERMIT — SCOUT-A-RAMA nization: Boy Scouts of America November 3, 2001 11 am to 3 pm 3007 Highland Ave. Parking Lot — Sweetwater Square Shopping Center City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 16, 2001 AGENDA ITEM NO. ( P. (-ITEM TITLE TEMPORARY USE PERMIT —SCOUT-A-RAMA PREPARED BY Ka{hleen Trees, Director DEPARTMENT Building and Safety EXPLANATION This is a request from the Boy Scouts of America to hold a Scout-a-rama in the parking lot of Sweetwater Square Plaza on November 3, 2001. The Scouts will set up approximately 10 tables in the southern portion of the parking lot. Scouts from Troop 114 (St. Mary's Church) and Troop 32 (National City Kiwanis) will participate in the event for the purpose of increasing their membership. A waiver of fees is requested. The event and sponsoring organization meet the criteria in City Council Policy No. 704 for a waiver of fees. Environmental Review X N/A Financial Statement Approved By: Finance Director The City has incurred $97.00 in costs in processing the T.U.P. application through various City Departments. Account No. STAFF RECOMMENDATION Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval and grant the waiver of fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Application for a Temporary Use Permit with recommended approvals and Conditions of Approval. A-200 (9/99) CITY OF NATIONAL CITY BU LDING AND SAFETY DEPARTMENT APPLIC TION FOR A TEMPORARY USE PERMIT RECOMMENDE 1 APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZ TION: Boy Scouts of America DA fES OF ACTIVITY: Saturday, November 3, 2001 LOCATION OF ACTIVIT : 3007 Highland Ave. Shopping Center Parking Lot TIME: 11:00 a.m. to 3:00 p.m. APPROVALS: POLICE YES [ x ] NO [ ] SEE COMMENTS[ ] PLANNING YES [ x ] NO [ ] SEE COMMENTS[ ] FIRE YES [ x ] NO [ ] SEE COMMENTS[x ] CONDITIONS OF APPR 0 VAL: FIRE (336-4550) 1. The Fire Department re • uests that they not be blocked out of the area during the course of the event in case of an emer,ency. Boy Scouts of America Desert Pacific Council To Whom It May Concern, As District Executive of Desert Pacific Council, Boys Scout of America, with the responsibility of Scoutreach (outreach program) I have communicate with Ruth Halton of Utah Pacific Development which manages Sweetwater Square LLC located at 30th and Highland Ave in the city of National City, as to the event to be held November 3`d at the site located next to Peter Piper Pizza called a Scoutr-a-rama. She acknowledges tat the event can take place with the company's permission. The planning dept can call her at 619-692-9092 for verification. Utah Pacific Dev. `s office is located 2650 Camino Del Rio, South, and Suite 301 in the city of San Diego. A liability insurance form naming Sweetwater Square LLC will meet their requirement for this one time event to be held on their property. Please feel free to call me for any questions about this event to be held which will extend the scouting program further into the National City population of kids. Troop 114 from St Mary's and Troop 32 from National City Kiwanis will participate with the purpose of increasing their membership. At the same time, we will increase the consumer traffic to the shopping center. Contact s: Antonio Orosco, BSA Desert Pacific Council 619-298-6121 X 232 619-708-1395 Cell Ruth Halton, Utah Pacific Dev. Company 619-692-9092 Thank you for your timely consideration, Antonio Orosco P.O. Box 33366, San Diego, CA 92163/1207 Upas St., San Diego, CA 92103 Phone: (619) 298-6121 Fax: (619) 298-5036 Serving Imperial, San Diego and Yuma Counties Member Agency of United Way Type of Event: _ Public Concert Parade _ Motion Picture Event Title: Fair _ Demonstration Grand Opening _ Festival X Community Event _ Circus _ Block Party Other Event Location: 7J ' i ""1 `'f 1 laf\V(. Event Date(s): From i V QV. J LtYo N ✓ OV, Total Anticipated Attendance: �5C) ( 'v Participants) (100 Spectators) Actual Event Hours: 4 Month/Day/Year it Ipm to A3 0p ,p �,411� Setup/assembly/construction Date:('JOV 27 Start time: a'o�'I Please describe the scope of your setup/assembly work (specific details): Dismantle Date: O' 9 Completion Time: 3;40 am/eD List any street(s) requirin • closure as a result of this event. Include street name(s), day and time of closing and day d time of reop nrng. Sponsoring Organization: Chief Officer of Organi - 'on (Name) All Y1 Applicant (Name): Address: 1207 -4ricilsb5fr in j o 06 5(o h1 C% sCU i Ca14` c) 2103 Daytime Phone: ' .(o1ZI Fuming Phone:P'-1 )76 t Fax g) 2qV- 0% Yt VJ �1 Contact Person on site day of the event: PlA t YO C) V oSC' O Pager/Cellular: V019 L Q C) ' 139 For Profit Not -for -Profit NOTE: THIS PERSON MUST BE IN ATTENDANCE ANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO Ck7`,YOFFICIALS 1 Is your organization a "Tax Exempt, nonprofit" organization? jYES Are admission, entry, vendor or participant fees required? If YES, please explain the purpose and provide amount(s): YES NO NO Estimated Gross Receipts including ticket, product and sponsorship sales from this event. Estimated Expenses for this event. What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. 1 , fitbl95 &airs W`e 11 bQ 2 4bud fiava-'r d fe Qwl e ycitvat3. to erd12.0 +a) di rp.-4-bof (\o Nast i k wiM 2 YES YES NO Does the event involve the sale or use of alcoholic beverages? NO Will itemor services be sold at the event? If yes, please describe: _ YES NO Does th highways. direction _ YES SNO Does th showing In addition to the route ma event involve a moving route of any kind along streets, sidewalks or If YES, attach a detailed map of your proposed route indicate the travel, and provide a written narrative to explain your route. event involve a fixed venue site? If YES, attach a detailed site map II streets impacted by the event. required above, please attach a diagram showing the overall layout and set-up locations for the following items: ➢ Alcoholic and N ➢ Food Concession Please describe h coholic Concession and/or Beer Garden areas. nd/or Food Preparation areas food will be served at the event: If you intend to • • k food in the event area please specify the method: GAS EL CTRIC CHARCOAL OTHER (Specify): ➢ Portable and/or P Number of portabl applicant can sh during the event) ➢ Tables and Chairs ➢ Fencing, barriers ➢ Generator locatio ➢ Canopies or tent I ➢ Booths, exhibits, ➢ Scaffolding, bl ➢ Vehicles and/or t ➢ Other related eve ➢ Trash containers (Note: You must event and immedi condition.) Number of trash rmanent Toil Facilities toilets: (1 for every 250 people is required, unless the that there re facilities in the immediate area available to the public nd/or barricades ril.orii and/or source of electricity vikAa ons (include tent/canopy dimensions) 4a isplays or enclosures rs, •latforms, stages, grandstands or related structures t( ilers corn . • nents not covered above nd dumpsters rly dispose of waste and garbage throughout the term of your ely upon conclusion of the event the area must be returned to a clean ns: Trash containers with lids: Describe your plan for cl - ; n-up and removal of waste and garbage during and after the event: 3 Please describe your procedures for both Crowd Control and Internal Security: C.r d (IAA I w l Ul be d to 1t 3 S _ YES NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: YES 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. q6-1-- mu VR, Roca Tr ll4 1-Q'ys Please describe your Accessibility Plan for access at your event by individuals with disabilities: 1,1 poi -I& w Please provide a detailed description of your PARKING plan: (2crilcAA ,- . VrIvn I o 4 U Please describe your plan or DISABLED PARKING: cdpielk Prsai9(4 pay ILIQADinidcgc-'0,3 Please describe your plan . to notify all residents, businesses and churches impacted by the event: „ f ver (4,vivad-- Veqcfaliccd9usi\kisW NOTE: Neighborhood dents must be notified 72 hours in advance when events are scheduled in the City pa _ YES NO Are there any musical entertainment features related to your event? If YES, please to the number of stages, number of bands and type of music. Number f Stages: Number of Bands: Type of usic: _ YES)(NO Will sou • amplification be used? If YES, please indicate: Start tim am/pm Finish Time am/pm _ YES NO Will sou d checks be conducted prior to the event? If YES, please indicate: 01 Pr Start time. am/pm Finish Time am/pm Please dribe the sound equipment that will be used for your event: _YES)(NO Firework., rockets, or other pyrotechnics? If YES, please describe: _ YES ,NO Any sig banners, decoctions, special lighting? If YES, please describe: 5 For Office Use Only Department Date Yes No Condition(s) of Approval Specific Conditions of Approval Initial Non-profit organizatio s, which meet the criteria on page v of the instructions, will be considered for a - iver. If you would like to request a waiver of the processing fees, plea .e complete the questionnaire below. 1. Is the event fo which the TUP is sought sponsored by a non-profit organization? Yes (pr i ceed to Question 2) No (Plea = e sign the form and submit it with the TUP Application) 2. Please state t e name and type of organization sponsoring the event for which the UP is sought and then proceed to Question 3. Name of the s a onsoring organization 12,v1-caf1)-hieriq Type of Orga ization /Qd)JecAftC44aI (Service Club, Churc , Social Service Agency, 3. Will the event generate net income or proceeds t the sponsoring organization Yes (Ple = se proceed to Question 4) e\(( No (Plese sign the form and submit it with the TUP Application) 4. Will the proc : eds provide a direct financial benefit to an individual who resides i or is employed in the city, and who is in dire financial need due to ealth reasons or a death in the family? Yes (P1 ase provide an explanation and details. No (Ple se proceed to QUStion 5) 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. ]6 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? Yesplease provide anexplanation anddetai W1/40A4� No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: No (P lease sign the form and submit it with the TUP Application) 9 OFF AGENDA ITEM 0 tober 16.2001 TEMPORARY COMMUNITY Sponsoring Org Date: Time: Location: SE PERMIT — SOUTH BAY' HURCH — FALL FESTIVAL nization: South Bay Community Church October 31, 2001 6 pm to 9 : 3 0 pm 2400 Euclid Ave. Church Parking Lot City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE October 16, 2001 AGENDA ITEM NO. 1 (0/ (-ITEM TITLE PREPARED BY EXPLANATION TEMPORARY USE PERMIT — SOUTH BAY COMMUNITY CHURCH FALL FESTIVAL da Kathleen Trees, Director DEPARTMENT Building and Safety This is a request from the South Bay Community Church to conduct a fall festival in the church parking lot located at 2400 Euclid Ave. from 6 p.m. to 9:30 p.m. on Wednesday, October 31, 2001. The event will consist of carnival style game booths and 2 concession stands, inflatable fun zones, an obstacle course, jousting arena and boxing ring. The church band will perform in the parking lot. The purpose of the event is to offer the church and community a safe and fun atmosphere as an alternative on Halloween. The church is requesting a waiver of fees. The event qualifies for a waiver of fees per City Council Policy 704. CEnvironmental Review N/A Financial Statement Approved By: Finance Director The City has incurred $97.0Q in processing this Temporary Use Permit Application. N/A Account No. STAFF RECOMMENDATION Approve the Application fo a Temporary Use Permit subject to compliance with all Conditions of Approval. BOARD / COMMISSION RECO MENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Application For A Temporary Use Permit with recommended Conditions of Approval. A-200 (9/99) Type of Event: _ Public Concert air _Parade _ ■emonstration _ Motion Picture _ rand Opening Event Title: FA If F .i`Vet l Event Location: 400 4E / Festival _Community Event _ Circus _ Block Party Other aid elven N e- (soufh rout cern, m "r,5 Churl i) Event Date(s): From 1:�,#` 3f 01 to ®1 31/etrotal Anticipated Attendance: M nth/Day/Year ( 75 Participants) (300 Spectators) Actual Event Hours: pm Setup/assembly/con Please describe the booT Con dr.�ora•i`ons Dismantle Date: /0 List any street(s) requiring cl time of closing and day an ►1/OI Sponsoring Organization: Chief Officer of Organizatio Applicant (Name): gilt Address: 2.400 Eu m/pm to 9 fgm/pm truction Date: DC-t 31 Start time: qc cope of your setup/assembly work (specific details): 'On a fmneervij pirc pipe • ables cha I rs e�i • 3i / d 1 Completion Time: / / • 34frnam/pm sure as a result of this event. Include street name(s), day and time of reopening. rt In Baj Caroms) (Name) bGt rid (Tones hdf- i`d A-vlewu-ei CGu f-eh or Profit Not -for -Profit Daytime Phone: (6(1 2 b 66600Evening Phone: ((0lq) Contact Person "on site" d y of the event: Prcl-h eI+ Fax: (61 Al- 3370 Pager/Cellular: 733 - 7 b 14-0 NOTE: THIS PERSON MU • T BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAI BLE TO CITY OFFICIALS 1 Is your organization a "Tax Exempt, nonprofit" organization? t'YES _ NO Are admission, entry, vendor or participant fees required? _ YES ✓ NO If YES, please explain the purpose and provide amount(s): n/� $ 1" 9 Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ yr (q Estimated Expenses for this event. $ O! 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. tall Fc-sL ( corrsf onm;va/ sill le 9urne boafGrs` Goncessioh sfcvrids (z) l S-tn5e Por our elnu.rc(� build 40 per Fo► vy\ w b�,+ ch bui l be outside . fVe will hew, rhflctivaole Pun manes iv1 atir 0 ykri arid a (ew Dto1/41 (are okksfa.ctee cocevse,j fou6'4 arena14 bey/vl� rinj) an area for coffee pots-f :Les jJ! !1 b.e ih our 95vi/. The purpose i offer eur claure 't- arm a safe- otfmasphira as av, a 1 Te rra fif pie_ 10 14411 o -utie e l IA YES _ NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: I r 2 YES /NO Does the event involve the sale or use of alcoholic beverages? YES _ NO Will items or services be sold at the event? If yes, please describe: Conees-CiOns and retffte fiTkck 4ir Priles C o ffSef 6054 Or €4A.ellt9 YES "NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. YES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. _ YES ✓NO Does the event involve the usp of tents or canopies? f YES: Number of tent/canopies VI a Sizes n NOTE: A separate Fire Department permit is requir d for tents or canopies. _ YES _VIVO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: ➢ Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. ➢ Food Concession and/or Food Preparation areas Please describe how food will be served at the event: GenCesSv`O✓1 stand $f-yle ; prepa.r+e -%®odS If you intend to cook food in the event area please specify the method: GAS ELECTRIC V CHARCOAL ✓ OTHER (Specify): n v t vYRve_i ➢ Portable and/or Permanent Toilet Facilities Number of portable toilets: 0 (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) ➢ Tables and Chairs ➢ Fencing, barriers and/or barricades ➢ Generator locations and/or source of electricity ➢ Canopies or tent locations (include tent/canopy dimensions) ➢ Booths, exhibits, displays or enclosures ➢ Scaffolding, bleachers, platforms, stages, grandstands or related structures ➢ Vehicles and/or trailers ➢ Other related event components not covered above ➢ Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: F/ 0 Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: el-C tp Crew is schew u.fed-Afire u3how- kyle 10,hf 1-6 do ,s'po -F checks and ef-FKr -the cKe.n;f avcfrthey- -tram 40 c -0 (�►na ( 3 ciieu h -V p Please describe your procedures for both Crowd Control and Internal Security: WI h a(A1-' Q &eear; {Ccum I S— ( me®?) filch am. equipped i,011-h radios ¢ visible syirfs rytarsk..ed 1(seeuro and 'two ctu pea ce D-Frineevs W r td be (vat leinoa otreone/ our propel- _ YES ✓NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: (0 Security Organization Address: Jig Security Director (Name): h (q Phone: 11 /6? ✓YES _ NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: paK.k, 1v /of" Ii h-fz will be on Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. A -rifee :: dep-ar-hnev4t i s l occd el drrnefl y across fh s %wit AO- cis (z&ft, ea'd) Firs-a/d will be available a1-our i`nPO'rrredier boll-) -4- Our see ri f-lavy► hits bees insf-uded handle arid m,narsi ucLfierks, Please describe your Accessibility Plan for access at your event by individuals with disabilities: had,�llc x,e+sf vv- hag, part4z 115 sties-/i'oUyy►s. f}Il -ewer will be vy, 9 ro u n d level Please provide a detailed description of your PARKING plan: We ham_ ample pzrei in our l©f and o-t s/ne F parK ni fit rat l q Ie Please describe your plan for DISABLED PARKING: vise bled p rkiit IO t5 VY1et--Ke d ;Pi our- Ipi-, Please describe your plan - to notify all residents, businesses and churches impacted by the event: diS ibi,-r'/r• .PImer' 02 coke Prr`©r +0 e.= wf putfr`nl Ufasfers ,f iKarb bitsiPJ.Ss4s. NOTE: Neighborhood re, idents must be notified 72 hours in advance when events are scheduled in the City pa ks. YES _ NO Are there : ny musical entertainment features related to your event? If YES, please st..te the number of stages, number of bands and type of music. Number o Stages: 1 Number of Bands: Type of Music: Chrtsiiarl ./YES _ NO Will soun • amplification be used? If YES, please indicate: / Start time & r°M am�Finish Time /riCi N �� am YES _ NO Will soun checks be conducted prior to the event? If YES, please indicate: Start time 5'-3d am/Finish Time d / amI Please d=scribe the sound equipment that will be used for your event: _ YES Y NO Firework, rockets, or other pyrotechnics? If YES, please describe: i1 it/YES _ NO Any sign , banners, decorations, special lighting? If YES, please describe: n 4awards 40ell- 01- ©ut^ �crrk+/1 toff Revised 10/3/01 1-5) adz. t FfrL L F 's7 W.//7- - ; 0 C-T 3 / 6 — 5 For Office Use OnCy Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Budding & Safety Department 1atlil DlN,fa AND RECE E O l;T 0 9 2001 Date Received 6 Non-profit organization., which meet the criteria on page v of the instructions, will be considered for a wa ver. If you would like to request a waiver of the processing fees, pleas • complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? ✓Yes (pro eed 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 ' 1 ' Type of Organization PA°� (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) 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) 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. Ni 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. V No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: No (P lease sign the form and submit it with the TUP Application) Signature Date APPLIC AND REC CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT TION FOR A TEMPORARY USE PERMIT MMENDED CONDITIONS OF APPROVAL SPONSORING ORGANIZ • TION: South Bay Community Church EVENT: Fall Festival DATE OF EVENT: Wednes i ay, October 31, 2001 TIME OF EVENT: 6 p.m. t 9:30 p.m. APPROVALS: FIRE FINANCE POLICE PLANNING YES [ x ] NO [ ] YES [x] NO [ ] YES [x] NO [ ] YES [ x ] NO [ ] SEE CONDITIONS [ x SEE CONDITIONS [ x SEE CONDITIONS [ x ] SEE CONDITIONS [ ] (SAN DIEGO COUNTY HEALTH DEPT. HAS BEEN NOTIFIED VIA FAX ON 6/11/01) CONDITIONS OF APPRO AL FIRE 336-4550 1. There shall be compl to emergency access to the area at all times during the event. FINANCE 336-4330 1. A business license is equired if monies are solicited, admittance charged or food, beverages or merchdise is sold. Each separate vendor must have a separate business license. If the church 's currently licensed, they may operate on that existing license. If there are other vendo s or organizations participating and they are registered not -for - profit there will not b a charge for their business license. POLICE 336-4400 1. Security as described on the application is adequate for the event. tNDooKs Entrance A = American Food Booth B = Boxing Ring C = Coffee House (gym window) 1 = Information Booth G = Two Game Booths J = Jousting Arena K = Kids' Bounce House M = Mexican Food (kitchen) O = Obstacle Course P = Puppet Show S = Stage SP = Speed Pitch Y = Youth Group Booth 0 — -f-r'LS c Cc n S Parking DU iu`PR Entrance To Parking MTDB M•tropoltan Transit 1255 Imperial Avenue, Suite 1000 San Diego, CA 92101-7490 619/231-1466 FAX 619/234-3407 Subject: Agenda Board of Directors Meeting October 18, 2001 TRANSIT FIRS : SHOWCASE PROJECT RECOMMENDATION: DISCUSSION: Member Agencies: City of Chula Vista, City of Coronado, City of El Cajon City of Imperial Beach. City of La Mesa, City of Lemon Grove. City of National City. City of Poway. City of San Diego, City of Santee. Cod ty of San Diego, State of California Metropolitan Transit Devekmeet Board is Coord of the Metropolitan Transit System and the ®Taxicab Administration Subsidiary Corporations San Diego Transit • radon. ®San Diego Trolley. inc., and ()San Diego & Arizona Eastern Railway Company For personal trip planting or route Information, caU I-800•COMMUTE or Halt our web site at adconvnut com? oi Item No. 30 ADM 156 (PC 20286) That the MTD Beard of Directors approve the list of candidate showcase projects, as shown in Attach ent A, for further detailed evaluation. Budget Impact None at this tim=. Capital and operating costs for a showcase project will be developed through the eval ation and design. Consistency with Transit First The showcase p oject is the initial step in implementing and evaluating Transit First service and comrionents. At the August 9, a Red Car show four years). The 001, Board meeting, we outlined the proposed development of se project(s) that could be implemented over the short-term (three to howcase project would: • demonstrate the full Transit First customer experience (e.g., vehicles; stations; high-speea, frequent service; fare prepayment; low-level, multiple door boarding; etc.) to g in general public understanding of, and build respect for, the Transit Fi st strategy; • demonstr : to how MTDB and local jurisdictions can work together to achieve a high level of transit/land use integration and successfully implement transit priority measures and • test, learn and refine how to achieve the customer experience outlined in the Transit Fi st vision. Candidate Projects The first step in the selection process is in identifying a set of candidate projects for further evaluation. The map in Attachment B shows ten corridors we feel may have the necessary attributes to support a Red Car showcase project. Attachment A lists the opportunities for each of these ten corridors. There are also a number of issues that we will need to address for each candidate project during the evaluation phase to select one or more showcase projects. The evaluation issues include the following. • Ridership Potential Is there the ridership potential to support and justify all -day, high -frequency service? • Degree of System Connectivity How will the showcase project interface with the existing transit system (both local and express routes)? • Extent of Existing Supportive Land Use Are the existing land uses supportive of transit (vs. automobile -oriented land uses)? Is the environment walkable? • Existence of Activity Centers Is there a tie-in to major regional activity centers that will serve a wide range of travel needs? • Feasibility of Transit Priority Measures Do the roadways allow the flexibility to test a variety of transit priority measures, including signal priority, queue jumpers, dedicated transit lanes, and transit guideways? • Minimal Capital and Operating Costs Is capital and operating cost requirements minimized? • Degree of Local Support Is there local jurisdictional support for implementing transit priority measures and integrating stations into adjacent land uses? Is there support among community and business groups for the project? Given the number of issues that will need to be addressed for the selected showcase project(s), it is best to minimize the number of obstacles that will have to be overcome. To accomplish this, we should limit the length of the showcase project to about four to six miles. This desired project length is especially important to keep ongoing operation subsidy needs in line with our current and future budget projections. -2- Next Steps The next step wi would culminate important comp involve them in t operate. There to gain input on Periodic reports candidate corrid Thomas F. Larwin General Manager LTorio 30-OCT18.DSCHUM 10/11/01 Attachments: A. Transit First B. Candidate C I be to conduct the detailed evaluation of the candidate projects that in the selection of the showcase project(s) in January 2002. An nent of this effort will be working closely with local jurisdictions to fully e planning and design analysis of how the showcase project would ill also be a public outreach effort with community and business groups he showcase proposal and assess support for the project. 11 be provided to the Board to update you as our evaluation of the rs progresses. howcase Project — Candidate Corridors Board rridors Map Only -3- Aft. A, Al 30, 10/18/01, ADM 156 RANSIT FIRST SHOWCASE PROJECT CANDIDATE CORRIDORS 1. Downtown-Hillcrest-Fa hion Valle Routing: Fourth, Fifth, - nd/or Sixth Avenue corridors, Bachman Place, Hotel Circle, Fashion Valle Road Possible Alternatives: erminate at Balboa Park/Zoo Opportunities: • Major activity ce ters along most of route (Convention Center, Gaslamp, Downtown office, "Pill Hill," illcrest village, University of California at San Diego (UCSD)/ Mercy Hospital edical complexes, and Fashion Valley Mall) • Strong existing r dership base along corridor. • Opportunities fo transit priority measures between Interstate 5 and Robinson Street. • Transit-supporti e land uses throughout corridor. • Ability to link wit numerous existing local and express bus and trolley services. 2. Old Town-Hillcrest-Mid i i State Route 15 Transit Plaza Routing: Pacific Highw_y, Washington Street, El Cajon Boulevard. Opportunities: • Strong existing ri•ership throughout corridor. • Connections to n merous local service, plus access to trolley and express services. • Major activity ce ters in the middle section of the route (Hillcrest village, UCSD/ Mercy Hospital edical complexes, Old Town. • Transit-supportiv land uses along most of route. A-1 Pacific Beach -La Jolla- CSD-UTC Routing: Mission Boule ard, La Jolla Boulevard, Torrey Pines Road, La Jolla Shores Road, North Torrey ' fines Road, La Jolla Village Boulevard Opportunities: • Major activity -nters along route (beaches, La Jolla Village, UCSD, University Towne Centre [UTC]). • Moderately stro g existing ridership along route. • Strong transit-o iented land uses along most of route. 7. Pacific Beach-Clairemo t-Keamv Mesa Routing: Grand Avenu _ , Balboa Avenue Opportunities: • Major activity ce ters at both ends of route (beaches, Kearny Mesa Business Park). • Transit -oriented and uses in Pacific Beach. • Ties into several local and express routes along route. 8. UCSD-UTC-Sorrento M-sa Routing: La Jolla Villag= Drive, Nobel Drive, Genesee Avenue, Tower Road (private road through Gener= I Atomics), routing through Sorrento Mesa, Mira Mesa Boulevard Opportunities: • Serves key regional employment areas of Sorrento Mesa, UCSD, and UTC. • Transit -oriented and uses in UTC area. • Ties into numero s local and express routes. 9. National City -Chula Vist Routing: 8th Street, Nati • nal City Boulevard, 18th Street, Highland Avenue/4th Avenue, Palomar Street Opportunities: • Transit -oriented I: nd uses along portions of route. • High-speed conn-ction from trolley to National City/Chula Vista civic centers, downtown Chula Vista. • Moderately stron transit ridership in area. A-3 orrento Mesa Pacific Beach Kearny Mesa Fashion Valley Ocean Beach RbtrwlKs 2.58 5A7 Att. B, AI 30, 10/18/01, ADM 156 Attachment B Transit First Showcase Project Candidate Corridors 1— Downtown-Hillcrest-Fashion Valley 2 — Old Town-Hillcrest-Mid City 3 — Hillcrest-Mid City-SDSU 4 — Old Town -Sports Arena -Pacific Beach 5 — Ocean Beach -Old Town-Hillcrest 6 — Pacific Beach -La Jolla-UCSD-UTC 7 — Pacific Beach-Clairemont-Keamy Mesa 8 — UCSD-UTC-Sorrento Mesa 9 — National City -Chula Vista 10- Central Chula Vista-Otay Ranch Otay Ranch B-1