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HomeMy WebLinkAbout2001 11-06 CC AGENDA PKTAGENDA OF A REGULAR MEETING NATIONAL CITY CITY COUNCIL COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD REGULAR MEETING - TUESDAY — NOVEMBER 6, 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 16, 2001 AND THE ADJOURNED REGULAR MEETING OF OCTOBER 16, 2001. MAYOR'S PRESENTATION Letter from Sweetwater Union High School's MCJROTC Unit regarding color guards. PRESENTATION Port Commissioner Jess Van Deventer — Annual Port of San Diego Update COUNCIL AGENDA 11/6/01 Page 2 INTERVIEWS/APPOINTMENTS Appointment to SANDAG's Regional Housing Task Force — Councilman Nick lnzunza Housing & Community Development Committee - Appointment PUBLIC HEARINGS' 1. Public Hearing - Amendment to National City Municipal Code Chapters 9.32 (Advertising Displays Bordering Freeways), 18.04 (Definitions), 18.16 (Commercial Zones), 18.62 (Signs and Outdoor Advertising Displays), and 18.92 (Outdoor Display or Sale of Merchandise) (Case File No. A-2001-3) (Planning) *Refer to Item # 27 2. Public Hearing - Specific Plan and subdivision for 42 single-family residential parcels on the south side of Paradise Valley Road east of the terminus of E. 8th Street. (Applicant: Simon and Richard Construction Co. Inc.) (Case File Nos.: SP-2000-1, S-2000-3, IS-2000-10) (Planning) 3. Public Hearing - Proposed Ordinance establishing the Mile of Cars Business Improvement District pursuant to the parking and business improvement area law of 1989 and levying an assessment and charge therein for upgrading and improving the area. (Community Development Commission) *Refer to Item #26 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. COUNCIL AGENDA 11/6/01 Page 3 CONSENT CALENDAR (Cont.) 4. Resolution No. 2001-158 Resolution of the City Council of the City of National City authorizing the City Engineer to install a white curb pedestrian loading and unloading zone on the east side of National City Boulevard between 7th and 8th Street. (Higher Education Center, TSC Item No. 2001-36) (Public Works/Engineering) 5. Resolution No. 2001-159 Resolution of the City Council of the City of National City authorizing the City Engineer to install a red no parking zone at the southeast corner of "D" Avenue and 2nd Street. (Z. Moeser, TSC Item No. 2001-35) (Public Works/Engineering) 6. Resolution No. 2001-160 Resolution of the City Council of the City of National City authorizing the City Manger to execute an Agreement with the law firm of Liebert Cassidy Whitmore to provide special legal services pertaining to employee relations matters. (Personnel) 7. Resolution No. 2001-161 Resolution of the City Council of the City of National City selecting annual adjustment factors for use in establishing the Annual Appropriations Limit for fiscal year 2001-2002. (Finance) 8. Resolution No. 2001-162 Resolution of the City Council of the City of National City establishing the Annual Appropriations Limit for fiscal year 2001-2001. (Finance) COUNCIL AGENDA 11/6/01 Page 4 CONSENT CALENDAR (Cont.) 9. Resolution No. 2001-163 Resolution of the City Council of the City of National City supporting the SANDAG Region 2020 Strategy for smart growth in the San Diego region. (Planning) 10. Resolution No. 2001-164 Resolution of the City Council of the City of National City authorizing the Mayor to execute an airspace ground lease with the State of California Department of Transportation for the airspace located near the interchange of Highway 805, Palm Avenue and Division Street. (Public Works) 11. Resolution No. 2001-165 Resolution of the City Council of the City of National City approving Change Order No. 5, accepting the work and authorizing the filing of a Notice of Completion for the Civic Center Drive and National City Boulevard Improvements. (Engineering Spec. No. 00-5) (Engineering) 12. Resolution No. 2001-166 Resolution of the City Council of the City of National City approving Change Order No. 3, accepting the work and authorizing the filing of a Notice of Completion for the National City Parking Lot Resurfacing Project. (Engineering Spec. No. 00-16) (Engineering) 13. Resolution No. 2001-167 Resolution of the City Council of the City of National City awarding a contract to ARCC Construction Services for the removal and replacement of the City Hall windows. (Engineering Spec. No. 01-06) (Public Works/Engineering) COUNCIL AGENDA 11/6/01 Page 5 CONSENT CALENDAR (Cont.) 14. Resolution No. 2001-168 Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with the City of San Diego for funding of the Federally Mandated Storm Water Monitoring Program (2001-2002). (Engineering) 15. WARRANT REGISTER NO. 16 (Finance) Ratification of Demands in the amount of $1,276,224.82. 16. WARRANT REGISTER NO. 17 (Finance) Ratification of Demands in the amount of $104,057.32. 17. WARRANT REGISTER NO. 18 (Finance) Ratification of Demands in the amount of $842,623.02. 18. Disclosure of property interests located within redevelopment project area; Councilwoman Zarate. (City Attorney) NON CONSENT RESOLUTIONS 19. Resolution No. 2001-169 Resolution of the City Council of the City of National City determining that the public interest and necessity demand the acquisition, construction and completion of certain municipal improvements and their financing through the issuance of general obligation bonds. (Library) *Refer to Item #25 COUNCIL AGENDA 11/6/01 Page 6 NON CONSENT RESOLUTIONS (Cont.) 20. Resolution No. 2001-170 Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement for Bond Counsel Services with Jones Hall. (City Attorney) 21 Resolution No. 2001-171 Resolution of the City Council of the City of National City giving Notice of Intention to Vacate and close the alley north of 9m Street, west of Hoover Avenue and east of Coolidge Avenue. Applicant: City of National City. (Case File No.: SC-2001-2) (Planning) 22. Resolution No. 2001-172 Resolution of the City Council of the City of National City appropriating $30,000 from the General Fund Undesignated Fund Balance and authorizing the City Manager to execute a Fund Transfer Agreement between the San Diego Metropolitan Transit Development Board and the City of National City for the South Bay Transit First Study. (Planning) 23. Resolution No. 2001-173 Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with Stone & Youngberg to provide financial advisory services in the issuance of a 2002 General Obligation Library Bond. (Finance) 24. Resolution No. 2001-174 Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement between the County of San Diego and the City of National City to transfer ownership of Federal Communications Commission (FCC) licenses for radio frequencies to the County for use in the Regional Communications System (RCS). (Police) COUNCIL AGENDA 11/6/01 Page 7 ORDINANCES FOR INTRODUCTION 25. An Ordinance of the City Council of the City of National City ordering the submission of a proposition of incurring bonded debt for the purpose of the acquisition, construction and completion of a new City Library to the qualified voters of the City of National City at the special municipal election to be held on March 5, 2002. (Library) *Refer Item #19 26. An Ordinance of the City Council of the City of National City establishing the Mile of Cars Business Improvement District pursuant to the parking and business improvement area law of 1989 and levying an assessment and charge therein for upgrading and improving the area. (Community Development Commission) *Refer to Item #3 27. An Ordinance of the City Council of the City of National City amending National City Municipal Code Chapters 9.32 (Advertising Displays Bordering Freeways), 18.04 (Definitions), 18.16 (Commercial Zones), 18.62 (Signs and Outdoor Advertising Displays), and 18.92 (Outdoor Display of Sale of Merchandise). (Planning) *Refer to Item #1 NEW BUSINESS 28. Holiday season City Council recess. (City Manager) 29. Request by the National School District to reduce the cost of the approved use of the Community Center. (Public Works) 30. Temporary Use Permit — Father and Son Auto Sales — Used Vehicle Tent Sale. (Building & Safety) COUNCIL AGENDA 11/6/01 Page 8 NEW BUSINESS (Cont.) 31. Notice of Decision — Conditional Use Permit for the sale of beer and wine (off -site consumption), and pre -packaged fish in a grocery store at 3446 Highland Avenue. (Applicant: Canned Foods, Inc.) (Case File No. CUP- 2001-15) (Planning) -* CITY MANAGER -* CITY ATTORNEY -* OTHER STAFF -* MAYOR CITY COUNCIL 32. Discussion of vacation of Arcadia Place — Councilman Morrison 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 11/6/01 Page 9 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) Conference with Labor Negotiators — Government Code Section 54957.6 Agency Negotiators: Roger De Fratis, Randy Kimble Employee Organization: National City Firefighters' Association ADJOURNMENT Next Regular City Council meeting — November 20, 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 MCJROTC UNIT. Sweetwater High School 2900 Highland Avenue National City, CA 91950-7495 19 October 2001 Honorable George Waters Mayor, National City 1243 National City Blvd National City, CA. 91950 Sir, On behalf of the Sweetwater Union High School MCJROTC unit, I want to thank you for the opportunity to provide the color guard during last Friday's candle light service at Kimball park. The service was inspirational and patriotic. It would be an additional honor for the Sweetwater Union High School MCJROTC unit if you made the color guard the official color guard of National City. This would mean a lot to the cadets of the unit. We would stand ready to provide color guards at your request. Thank you for your continued support of our outstanding MCJROTC program. If there is anything the MCJROTC Unit can do for the National City, please let me know. Sincerely, a Robert ackson Colon- ' .S. Marine Corps (Ret) Senior ' e Instructor Col. R.E. Jackson, USMC(Ret.) Senior Marine Instructor Sweetwater High School (619) 477-3756 2900 Highland Avenue FAX 477-3847 National City, CA 91950-7495 rjackson@suhsd.k12.ca.us PORT COMMISSIONER JESS VAN DEVENTER - ANNUAL PORT OF SAN DIEGO UPDATE Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4526 George H. Waters - Mayor DATE: OCTOBER 17, 2001 TO: COUNCILMEMBERS FROM: MAYOR GEORGE H. WATERS SUBJECT: SANDAG REGIONAL HOUSING TASK FORCE I am recommending Councilman Nick lnzunza to be our representative on the SANDAG Regional Housing Task Force replacing Fred Soto. This item will be on the Council Agenda for the meeting of Tuesday, November 6, 2001. GEORG H. WATERS MAYOR GHW:nu ® Recycled Paper Office of the Mayor 1243 National City Blvd., National City, CA 91950 (619) 336-4526 George H. Waters - Mayor OCTOBER 17, 2001 TO: COUNCILMEMBERS FROM: MAYOR WATERS SUBJECT: HOUSING & COMMUNITY DEVELOPMENT COMMITTEE We currently have three vacancies on the Housing & Community Development Committee. Mr. John Gordy was recently interviewed by the City Council and desires to be considered for appointment. If there are no objections, I recommend we appoint Mr. Gordy to the Housing & Community Development Committee for a full term ending April 28, 2003. This item will be placed on the Council Agenda for the meeting of Tuesday, November 6, 2001. GEORGe H. WATERS MAYOR GHW:nu ® Recycled Paper City of National City, Chtifornia COUNCIL AGENDA STATEMENT MEETING DATE November 6, 2001 *REFER TO ITEM #27 1 AGENDA ITEM NO. (-ITEM TITLE PUBLIC HEARING —AMENDMENT TO NATIONAL CITY MUNICIPAL CODE CHAPTERS 9.32 (ADVERTISING DISPLAYS BORDERING FREEWAYS), 18.04 (DEFINITIONS), 18.16 (COMMERCIAL ZONES), 18.62 (SIGNS AND OUTDOOR ADVERTISING DISPLAYS), AND 18.92 (OUTDOOR DISPLAY OR SALE OF MERCHANDISE) CASE FILE NO. A-2001-3 PREPARED BY Steve Ra DEPARTMENT Planning EXPLANATION The proposed amendments are described in the attached list and primarily address sign regulations. The catalysts for undertaking this effort were the first and second items on the list and are changes that the City Attorney's office had identified as necessary for enforcement purposes and to address constitutional issues. Most of the other changes will clarify and fine-tune the Sign Ordinance. The last two amendments will clarify requirements concerning outdoor display and seafood sales. The Planning Commission recommended approval of all proposed amendments after holding a public hearing October 15. An Ordinance for these amendment is addressed in a separate agenda item. Environmental Review X N/A Financial Statement N/A STAFF RECOMMENDATION Approve the proposed amendments. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS (Liisted Below ) 1. Amendments 2. Findings A-200 (9/80) Account No. Resolution No. 3. Notice of Exemption CHANGES TO SIGN REGULATIONS Numbers at the end of each title in the list refer to Section numbers in the attached, draft ordinance. Major catalysts: 1. Signs and banners visible to the exterior, 18.62.030, 18.62.100C.4 To facilitate enforcement of sign and banner regulations, Section 18.62.030 of the draft ordinance specifies that banners and outdoor advertising includes signs placed inside but visible to the exterior, and it defines "visible to the exterior". Also, Section 18.62.100 C.4 clarifies that restrictions on flags and banners apply within the first eight feet of the interior of commercial or industrial premises when readily visible to the exterior. This issue was the crux of a Code violation at Express Tire at 1705 Sweetwater Road, where several banners were hung just inside service bay roll up doors. While the Planning Commission reviewed and upheld an appeal of this violation, it was later determined unenforceable. 2. Government and Chamber of Commerce Signs, Deletion of Section 9.32.030, replaced by 18.62.020 The proposed ordinance would remove specific exemptions concerning displays near freeways, including those installed by the City or Chamber of Commerce. The deletion responds to First Amendment issues, which prohibit the City from regulating the content of or message on signs as well as from creating preferential treatment. Signs such as the Chamber of Commerce freeway signs will be otherwise regulated by the Sign Ordinance. Proposed Code Section 18.62.020 D exempts governmental agencies from City sign regulations. This includes the Navy, MTDB and Calkrans, who own property where Chamber of Commerce signs are placed. Additional changes fine-tuning -tuning the Sign Ordinance: 3. Shopping Center Signs, 18.62.120 This new section is recommended to clarify regulations of signs within shopping centers. Since many of them do not face a street, the application of the existing Code, which provides for business advertising on the basis of street frontage, has required careful interpretation. Signs in shopping centers, which face walkways, driveways, and parking lots, as well as sometimes streets and freeways, would be required to conform to existing standards in Section 18.62.110 C. In many approvals for new shopping centers, the Planning Commission requires more limiting sign criteria, such as styles of lettering and lighting that may be used, as well as color and size of signs. These standards are also referenced in the proposal. As most commercial signs are proposed in shopping centers, this new Code Section will save time and make the ordinance easier to administer. 4. Limit the coverage for small signs to 10% of wall area, 18.62.130 Signs up to 25 square feet are now allowed to cover 25% of the area of the ground floor wall area. Decreasing this to 10% should lessen the clutter of small signs. 5. Limit the coverage of window signs to 10% of the wall area, 8.62.170 The Code now allows these signs to cover up to 25% of the wall area, and this proposal should also prevent potential clutter from excessive signage. 6. Clarify directional signs, 18.62.030, and 18.62.090 F A definition is proposed to clarify what constitutes a directional sign. This should avoid redundant business signage. A maximum size of 3 square feet for each directional sign is also reconunended. The Code now allows for up to 16 square feet for these signs. 7. Sign projections —18.62.180 The amendment would allow a wall sign to project more than 18 inches beyond the face of a building pursuant to site plan review. Staff has required applicants, such as Plaza Bonita and Blockbuster, to change their plans for signs that extended more than 18 inches from the wall, although their proposals seemed otherwise attractive and compatible with the scale and design of the affected buildings. 8. Clarify inflatable displays, 18.16.210 Inflatable displays have been approved for special events through a Temporary Use Permit issued by City Council The proposal would clarify that these may be permitted in such circumstances. 9. Clarify signing in Institutional Zones, 18.62.110, 18.62.130, and 18.62.180 The Code now specifies allowable signs for Commercial and Manufacturing Zones. The amendment would add references to signs allowed in Institutional Zones. 10. Political Signs, 18.62.030 and 18.62.090 E The proposal narrows the definition of a political sign to refer to specific elections, as opposed to the current, more general reference to any sign regarding a political or quasi - political office. No change is proposed to current restrictions on political signs; i.e., concerning their placement, length of display after an election, or size. Other Code Amendments: 11. Newspapers not considered rehandiss,18.92.010 Specifically excluded from the definition, the outdoor display of newspapers would not be restricted by Chapter 18.92. 12. Retail Fish Sale% 18.16.195 The proposed ordinance arl is an exception for the sale of manufacturer's prepackaged frozen seafood from the CUP requirement that applies to the sale of fresh and frozen seafood. There are no expected concerns that a Conditional Use Permit would need to address for the retail sale of manufacturer's prepackaged frozen seafood. The Planning Commission recently considered the sale of prepackaged frozen seafood at Grocery Outlet, and no concerns regarding this product were identified. The Conditional Use Permit requirement would still be applied to the sale of fresh seafood, as well as to frozen seafood not prepackaged by the manufacturer. RECOMMENDED FINDINGS FOR APPROVAL Signs and Outdoor Display That the Code amendments concerning definitions, signs, outdoor advertising display, outdoor display of merchandise, and signs bordering freeways, are consistent with the General Plan, as the General Plan calls for review of National City's zoning and development ordinances to achieve implementation of General Plan policies and programs, as well as to implement standards to improve signage to support compatibility with adjacent land uses and strengthening of the overall business environment; and the proposed changes are needed to facilitate enforcement and to clarify existing requirements for signage, and also to reduce signage in limited situations where excessive temporary signs could be installed or placed, while maintaining opportunities for business advertising. Retail Seafood Sales The Code amendment to allow the retail sale of prepackaged frozen seafood in larger markets without a Conditional Use Permit is consistent with the General Plan, as it will avoid an unnecessary review process, which can discourage establishment of new business, and one of the economic development goals of the General Plan is to provide a favorable climate for attracting new, high -quality business activity into the City. The Code amendment is consistent with the General Plan, since it maintains the Conditional Use Permit requirement for the sale of fresh seafood, as well as for frozen seafood not prepackaged by the manufacturer, and General Plan policies encourage careful review of uses that may not be compatible with adjoining neighborhoods and business districts. The Conditional Use Permit requirement for the sale of fresh seafood and frozen seafood not prepackaged by the manufacturer will allow the review of new markets to ensure that seafood odors do not adversely impact surrounding properties. City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Project Title: CASE FILE NO.: A-2001-3 Project Location: Citywide Contact Person: Steve Ray Telephone Number: (619) 336-4310 Description of Nature, Purpose and Beneficiaries of Project: Amendment to Title 18 of the National City Municipal Code concerning definitions, signs, outdoor advertising displays, outdoor display of merchandise, and retail fish sales, and amendment to Title 9 of the Municipal Code regarding signs bordering freeways. Applicant: City of National City Telephone Number: (619) 336-4310 Exempt Status: ❑ Statutory Exemption. (State type and Section No., if applicable) ❑ Categorical Exemption. Class _, Section (Definition) [] Not a project as defined in Section 15378 of CEQA ® Not subject to CEQA (Sec. 15061b3) Reasons why project is exempt: There is no possibility that the proposal will have a significant environmental effect, since the amendment is limited to changes which clarify the regulation of signage and seafood markets and will neither modify any zoning designations nor increase the intensity of use or signage for any property and will maintain regulations concerning the sale of fresh seafood. Date: Steve Ray Principal Planner ® Recycled Paper City of National City, Olalifornia COUNCIL AGENDA STATEMENT 2 MEETING DATE November 6, 2001 AGENDA ITEM NO. iITEM TITLE PUBLIC HEARING — SPECIFIC PLAN AND SUBDIVISION FOR 42 SINGLE- FAMILY RESIDENTIAL PARCELS ON THE SOUTH SIDE OF PARADISE VALLEY ROAD EAST OF THE TERMNUS OF E. 8TH STREET (APPLICANT: SIMON AND RICHARD CONSTRUCTION CO. INC.) (CASE FILE NOS.: SP-2000-1, S-2000-3, IS-2000-10) PREPARED Y Jon Cain - Associate PlannerDEPART E T Planning EXPLANATION The project is proposed at one of the major entryways to National City, on one of the largest remaining undeveloped properties in the City. A variety of planning issues are involved. The attached background report and Planning Commission staff reports describe those issues in detail. Environmental Review N/A Mitigated Negative Declaration proposed Financial Statement N/A Account No. STAFF RECOMMENDATION Q, Staff recommends approval of a Specific Plan and subdivision reflecting 38 single-family lots with a minimum 6,500 square foot lot size and typical 50 feet of street frontage. BOARD / COMMISSION EC E DATIO The Planning Commission voted to recommend denial of the Specific Plan and subdivision. anticipated that a resolution will be adopted November 5. ctober 1 vote: Ayes — Parra, Flores, Ungab, Baca Abstainin: — Valderrama, Reynolds, Detzer ackgroun KSepoListed Below 1 5. Possible Conditions of Ap titian°' 2. Location Map 6. Planning Commission Staff Reports, Including Initial 3. Draft Planning Commission Resolution with Study, Citizen Letters, Department and Agency Findings for Denial Comments, and Applications It is A-22P.(sible Findings for Approval 7. Applicant's Plans (Exhibits A -Revised, 13, C, D and B) City of National City COUNCIL AGENDA STATEMENT *Refer to Item #26 3 MEETING DATE: November 6, 2001 AGENDA ITEM NO. ITEM TITLE: PUBLIC HEARING: PROPOSED ORDINANCE ESTABLISHING THE MILE OF CARS BUSINESS IMPROVE- MENT DISTRICT PURSUANT TO THE PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 AND LEVYING AN ASSESSMENT AND CHARGE THEREIN FORt UPGRADING AND IMPROVING THE AREA PREPARED BY: Paul Desrochers,' , DEPARTMENT Community Development Commission Executive Director EXPLANATION: On October 16, 2001, the City Council approved Resolution 2001-157 declaring its intention to form a parking and business improvement area to be known as the "Mile of Cars Business Improvement District" (BID). The draft ordinance establishing the BID, the subject of today's City Council action, provides for the levy of an assessment and charge to be imposed on new car dealership businesses only located in a certain geographical area. Private property owners, used car dealerships and other business owners will not be affected by this ordinance. A public meeting was held today at 3:00 PM to answer any questions regarding the draft ordinance. Now is the time and place to hold a public hearing and consider any public comments Public notice regarding the formation of the BID has been provided in a local newspaper a total of three times. A mailing to all affected business owners and the property owners in which they are located has also been completed. If approved, the City Council will introduce the ordinance at tonight's meeting and a second reading will occur on November 20th. The ordinance will become effective on December 19, 2001. Environmental Review X N/A Financial Statement N/A STAFF RECOMMENDATION Approve Ordinance BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) Resolution No. 1. Public Notice 2. Proposed Ordinance a PROOF OF PUBLICATION This space is for the County Clerk's filing stamp. (2015.5 C.C.P) STATE OF CALIFORNIA, County of San Diego: I am a citizen of the United States and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above -entitled matter. I am the principle clerk of the printer of THE STAR -NEWS, a newspaper of general circulation, published ONCE WEEKLY in the city of NATIONAL CITY and the South Bay Judicial District, county of San Diego, which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of San Diego, State of California, under the date of April 23, 1951, Case Number 182529; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to -wit: 9/21, 9/28, 10/5 all in the year 2001. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Chula Vista, California 91910 this 5th day of October 2001. Signature 11(J) PRINCIPLE CLERK Proof of Publication of NC 13762 Notice: Mile of Cars , promotional activities of the benefiting businesses. Assessments- will be col- lected'annually, or more frequently as authorized and contracted by. the City's fiscal agent, to meet the needs of the proposed BID.- NOTE: USED CAR DEALERSHIP OWNERS WILL NOT BE ASSESSED UNDER THIS PROPOSED BID. For- more :information, please' contact the follow- ing individual: - Benjamin Martinez Project Manager National City Community Development Commission 140 E. 12th-Street' Suite B National City, CA 91950 (619) 336-4256 bmartinez@ci.national- city.ca.us. N C 13762 :9/21, 26,10/5/01 NOTICE OF PROPOSED ASSESSMENT MILE OF CARS BUSINESS -BASED r •. BUSINESS IMPROVEMENT DISTRICT The City Council of the City of National City here- by provides notice that a Public Meeting and a Pub- lic Hearing will be held' on November 6, 2001, - at 3:00 PM and 6:00 PM, re- spectively, in regard to the proposed formation of a Mile of Cars Business Im- provement District (BID). The proposed BID will be business -based. The Pub- lic Meeting will be held in the City Council, Confer- ence Room -and the public Hearing will be held in the City Council Chambers. Both meeting places are located in the 2nd Floor of the National City City Hall, 1243 National City Boule- vard, National City, CA 91950. The Mile of Cars Associa- tion, a group of business owners, is proposing the formation of a BID con- sisting of nevi car -dealer- ships located within the general bounderies of West 35th Street to the South, Highland Avenue to the East, West 18th Street to the North, and McKinley Avenue to the West, and all of National City Boulevard, to market and promote the -'Mile of Cars into thepremier new car business district in the County of San Diego. All taxes collected from the BID would be used for this purpose. The proposed 'amount -of revenue to be raised an- nually is $1,100,000. The initial factor to be used to generate the estimated $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 will generate the desired sum of BID revenues to fund the marketing and ORDINANCE NO. 2001 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ESTABLISHING THE MILE OF CARS BUSINESS IMPROVEMENT DISTRICT PURSUANT TO THE PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 AND LEVYING AN ASSESSMENT AND CHARGE THEREIN FOR UPGRADING AND IMPROVING THE AREA WHEREAS, under and pursuant to the provisions of the Parking and Business Improvement Area of 1989, codified as California Streets and Highway Code Section 36500, et seq, this Council on October 16, 2001, adopted Resolution No. 2001 - 157, declaring an intention to form a parking and business improvement area to be known as the "Mile of Cars Business Improvement District" providing for the levy of an assessment and charge to be imposed herein, fixing the time and place for hearing and giving notice thereof; and WHEREAS, Resolution No. 2001 - 157 was duly published, and copies thereof were mailed as provided by the Law; and WHEREAS, as specified in Resolution No. 2001 - 157, on November 6, 2001, both a public meeting and a public hearing concerning the formation of the area were held before this Council in the Council Chambers; and WHEREAS, at the hearings, all protests, both written and oral, made or filed were considered and duly overruled and denied and this Council determined that there was no majority protest within the meaning of Section 36523 of the Law. NOW, THEREFORE, BE IT ORDAINED, by the Council of The City of National City, as follows: Section 1. Pursuant to California Streets and Highway Code Section 36500, et seq, (hereafter referred to as "the Law"), a parking and business improvement area is hereby established, to be known as the "Mile of Cars Association", herein called "District." The membership to be included in the District includes the Mile of Cars car dealers who are licensed or franchised by domestic and foreign automotive manufacturers to sell new vehicles, hereafter referred to as "new car dealers", that are located within the following general boundaries: Highland Avenue to the East; West 35th Street to the South; McKinley Avenue to the West; 18th Street to the North; and all of National City Boulevard within the City limits; and as more specifically described at the following streets and addresses: Ordinance No. 2001 - Mile of Cars Business Improvement District Page Two 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 35d` 001 - 500 W 33rd Street 001 - 500 E 30t Street 001 - 500 W 30th 001 - 500 E 28th Street 001 - 500 W 28th Street 001 - 500 E 27th Street 001 - 500 E 26th Street 001 - 500 W 26th Street 001 - 500 E 25th Street 001 - 500 W 25th Street 001 - 500 E 24th Street 001 - 500 W 24th Street 001 - 500 W 22°d Street 001 - 500 E 20th Street 001 - 500 E 18th Street 001 - 500 W 18th Street 001 - 500 The map depicting the District is attached hereto as Exhibit "C" and incorporated herein by reference. Ordinance No. 2001 — Mile of Cars Business Improvement District Page Three Section 2. The purpose of forming the District as a parking and business improvement area under the Business and Improvement Area Law is to provide revenue to defray the costs of services and programs that will benefit new car dealers in the District, including any of the following: a. Acquisition, construction, or maintenance of parking facilities for the benefit of the area; b. Decoration of any public place in the area; c. Promotion of public events or attraction of customers to the area; d. Furnishing of music in any public place in the area; e. The general promotion of business activities in the area; f. Participation in economic development strategies for the area; The specific services and programs to be provided and funded are listed in Exhibit "B", which is attached hereto and by this reference made a part hereof. The services and programs listed thereon are the uses to which the revenues generated by the assessments to be levied will be put within the District. Section 3. All new car dealers operating in the above -described District will be assessed an annual assessment, collected monthly through the designated fiscal agent, for their respective share of the costs of the aforementioned services and programs according to a formula set forth in Exhibit "A" and summarized as follows: ASSESSMENT METHODOLOGY: The assessment methodology, as approved and recommended to the City by the Mile of Cars Association Board of Directors on June 12, 2001, is based upon a minimum annual first 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. Ordinance No. 2001 — Mile of Cars Business Improvement District Page Four 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 its BID fees to the fiscal agent within 30 days of the due date, shall be reported to the City or its designate, the Community Development Commission of the City, for collection purposes. The City or designate shall begin collection procedures, using its best efforts, including penalties and interest, for any and all outstanding monthly BID bills. The annual assessment shall be prorated and collected as a monthly charge and shall be levied and collected by the designated fiscal agent of the City or its designate, the Community Development Commission of the City of National City. The fiscal agent shall estimate monthly assessments based upon the third quarter 2001, gross sales tax receipts of each and every car dealer. Monthly BID assessments shall commence in early December 2001 and be due on January 15, 2002. Thereafter, the fiscal agent shall issue monthly billings, and make quarterly adjustments between the estimated amount due, based upon the base period third quarter 2001, and the actual assessments due, based upon the assessment factor and actual sales commencing January 1, 2002. The City shall be the collection agent should any new car dealers, refuse or delay payment into the BID. The assessments shall be collected and enforced in the same manner and with the same penalties and interest as in the case of the business tax certificates. For those businesses taxed, the City Treasurer shall determine the assessment to be levied upon issuance of the City business tax certificate. The City Treasurer and the Finance Director are each authorized to revoke the business tax license of any member of the District who unjustifiably refuses to pay the assessment or monthly installment, when due. Section 4. Effective January 1, 2002, the District, through the City or its designate, shall also be responsible for the administration of the property owner -funded Landscaping and Lighting District approved in 1996. This district generates $100,000 in revenue per year and these funds can only be used to maintain lighting and landscaping services. A portion of those funds may be used to offset administrative costs related to the overall management of both the BID and the landscape maintenance district. Ordinance No. 2001 — Mile of Cars Business Improvement District Page Five Section 5. The Council hereby fmds and determines that the public convenience and necessity require the establishment of the areas described and that all of the new car dealer businesses lying within the area will be benefited by the expenditure of the funds raised by the assessments or charges proposed to be levied. Section 6. That all protests, both written and oral, are overruled and denied and the Council fmds that there is not a majority protest within the meaning of Section 36523 of the Law. Section 7. That all of the new car dealers in the area established by this ordinance shall be subject to any amendments to the provisions of the parking and business improvement area law of 1989, codified as California Streets and Highway Code Section 36500, et seq. Section 8. That this Council shall review all of the assessments imposed pursuant to this ordinance annually, and shall retain responsibility for annual levy of assessments, notwithstanding any delegation of responsibility pursuant to this ordinance. Section 9. That any new car dealer within this district who unjustifiably fails or refuses to pay the annual assessment at the time or times specified shall be subject to the revocation of its business tax license by the City Treasurer or the Finance Director, upon the recommendation of the administrator or designate. Section 10. A. That a Mile of Cars Advisory Board shall be appointed by the Mayor, subject to confirmation by the City Council, the membership of which shall consist of five representatives from the new car dealers within the District that pay the assessments. B. Nominations for membership to the Advisory Board shall be made to the Mayor by the Mile of Cars Association. Upon initial appointment, the term of office of three (3) of the members will be for a term of three years, and two (2) members for a term of two (2) years. Thereafter, the term of office shall be for a period of two years. The Executive Director of the Community Development Commission of the City of National City and the City Manager, or their designates, shall be ex-officio members of the Advisory Board. C. The Advisory Board shall make such recommendations in accordance with Section 36530 of the Streets and Highways Code as shall be appropriate to the fiscal administration of the District. The Advisory Board shall be subject to the provisions of the Ralph M. Brown Act when conducting its meetings, which shall be held at least once a year. Ordinance No. 2001 — Mile of Cars Business Improvement District Page Six Section 11. That the City Council, pursuant to the request of the Community Development Commission, hereby delegates to the Community Development Commission of National City the responsibility for the administration and operation of the District. This delegation of responsibility shall be effective upon the filing of a certified copy of a resolution of acceptance of the delegation by the Community Development Commission with the City Clerk. The City shall retain responsibility for the levy of the annual assessments as required by law. The City or its designate may enter into such contracts for the fiscal administration and management of the District as may be necessary and appropriate. The City or its designate may contract with the Mile of Cars Association to carry out the management and fiscal administration of the District. Section 12. That the City Clerk shall transmit a certified copy of this ordinance upon its adoption to the Chairman of the Community Development Commission of National City. Section 13. That this ordinance shall take effect and be in force 30 days after its adoption, and no business tax license for new car dealer commercial activities inconsistent with the provisions of this ordinance shall be issued unless application therefore was made prior to the date of adoption of this ordinance. PASSED and ADOPTED this 6th day of November, 2001. George H. Waters, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney EXHIBIT "A" ASSESSMENT METHODOLOGY: The assessment methodology, as approved and recommended to the City by the Mile of Cars Association Board of Directors on June 12, 2001, is based upon a minimum annual first 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 designated 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. Refusal to pay into the district shall also. be considered a violation of a City ordinance, thereby subjecting the offender to the revocation of its business tax license. 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. 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 Mile of Cars Business Improvement District Exhibit "A" Page Two 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 l' of each year to the Community Development Commission of National City. 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 "B" 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 should be expended as follows, subject to ongoing review by the designated Management representatives: INCOME: Assessments Interest income Total receipts EXPENSE: Advertising Bank Charges Depreciation Dues and subscriptions Insurance 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 $ 1,100,000.00 $ 1,000.00 $1 101 000.00 $ 891,250.00 $ 150.00 $ 800.00 $ 150.00 $ 2,600.00 $ 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 EXHIBIT "C" MAP OF THE DISTRICT SM. Darn [P. II__ ;I.:it_tlul.11l h`.:..'.11 '.L..- ll �•. a11kIHndi7d,'11I.Wnd mniufuulrun r'iffirin. '_ . IinenrinnOtlif 1 LIIIHnI liif 101;II.]{ U 1 IIIIIIEU111 1 �Ilturnoff' .-_ ... III�I� Fr) T II Or- 40 1 I A 1- City of National City, Vlatifornia COUNCIL AGENDA STATEMENT .MEETING DATE Novemher 6 2001 4 AGENDA ITEM NO. /-ITEMTITLE RESOLUTION AUTHORIZING THE CITY ENGINEER TO ESTABLISH WHITE CURB "PEDESTRIAN LOADING AND UNLOADING" ZONES ON THE EAST SIDE OF NATIONAL CITY BOULEVARD BETWEEN 7TH AND 8TH STREET (HIGHER EDUCATION CENTER,TSC ITEM NO. 2001-36) PREPARED I3Y ADAM LANDA DEPARTMENT PUBLIC WORKS/ENGINEERING EXPLANATION The Higher Education Center, located at 701 National City Boulevard, has requsted the installation of a white curb "pedestrian loading and unloading" zones on the east side of National City Boulevard between 7th Street and 8th Streets. The Higher Education Center would like both existing pull-out parking areas to be converted to "Pedestrian Loading and Unloading" zones. The Traffic Safety Committee approved the installation of white curb "pedestrian loading and unloading" zone in front of the Higher Education Center at their meeting on October 10, 2001. Environmental Review N/A Financial Statement N/A STAFF RECOMMENDA Adopt the Resoluti Diqr Account No. BOARD I COMMISSION EC E ATION The Traffic Safety Committee at its meeting of October 10, 2001, approved the installation of white curb "pedestrian loading and unloading" zone on the east side of National City Boulevard between 7th and 8th n VLI t,VLJ. ATTACHMENTS ( Listed Below ) 1. Resolution 2. Staff Report to the Traffic Safety Committee Resolution No. 2001-158 A-200 (9/SO) hec RESOLUTION NO. 2001 - 158 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY ENGINEER TO INSTALL A WHITE CURB PEDESTRIAN LOADING AND UNLOADING ZONE ON THE EAST SIDE OF NATIONAL CITY BOULEVARD BETWEEN 7Th AND 8T" STREET (Higher Education Center, TSC Item No. 2001-36) WHEREAS, the Higher Education Center, located at 701 National City Boulevard, has requested that the existing pull-out parking areas in front of their building be converted to a white curb pedestrian loading and unloading zone on the east side of National City Boulevard between 7th and 8t6 Streets; and WHEREAS, at its meeting on October 10, 2001, the Traffic Safety Committee approved installation of a white curb pedestrian loading and unloading zone on the east side of National City Boulevard between 7th and 8th Streets. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City Engineer is authorized to install a white curb pedestrian loading and unloading zone on the east side of National City Boulevard between 7th and 8th Streets. PASSED and ADOPTED this 6th day of November, 2001. George H. Waters, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: City Attorney 3 \ NATIONAL CITY.TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR October 10, 2001 ITEM TITLE: REQUEST FOR INSTALLATION OF WHITE CURB PEDESTRIAN LOADING AND UNLOADING ZONE ON NATIONAL CITY BOULEVARD BETWEEN 7TH STREET AND 8TH STREET (BY: HIGHER EDUCATION CENTER) PREPARED BY: Adam J. Landa, Public Works Department DISCUSSION: The Higher Education Center, located at 701 National City Boulevard, has requested the installation of a white curb "pedestrian loadingandunloading" zone on the west side of National City Boulevard between 7thStreet and 8th Street. The Education Center would like the existing two parking areas, in front of the school, converted to pedestrian loading and unloading zones. STAFF RECOMMENDATION: Staff recommends installing white curb on the east side of National City Boulevard between 7th Street and 8th Street. EXHIBITS: 1. Location Map 2001-36 8 Ur) L V It 1-- <C.V CA EXIST/NC 6 PARK/NC SPACES TRLT TION MAP SIR T City of National City, Cilifornia COUNCIL AGENDA STATEMENT .AEETING DATE NOVFMRFR 2001 5 AGENDA ITEM NO. /*ITEM TITLE RESOLUTION AUTHORIZING THE CITY ENGINEER TO ESTABLISH RED "NO PARKING" ZONE AT SOUTHEAST CORNER OF "D" AVENUE AND 2ND STREET (Z. MOESER, TSC ITEM NO. 2001-35) PREPARED BY ADAM LANDA DEPARTMENT PUBLIC WORKS/ENGINEERING EXPLANATION Mrs. Moeser, the owner of 429 E. 2nd Street, has requested the installation of red curb "No Parking" zone at the southeast corner of "D" Avenue and 2nd Street. According to Mrs. Moeser, parked vehicles are obstructing the visibility from persons trying to enter "D" Avenue from 2nd Street. The Traffic Safety Committee approved 15 feet of red curb at the southeast corner of "D" Avenue and 2nd Street at their meeting on October 10, 2001. Environmental Review xN/A Financial Statement N/A >STAFF RECOMMENDAT Adopt the Resolution. BOARD / COMMISSION ECO E DATIO The Traffic Safety Committee at its meeting of October 10, 2001, approved the 15 foot red "No Parking" zones at the southeast corner of "D" Avenue and 2nd Street Account No. ' ATTACHMENTS ( Listed Below ) 1. Resolution 2. Staff Report to the Traffic Safety Committee Resolution No. 2001-159 zm A-200 (9/80) RESOLUTION NO. 2001 - 159 RESOLUTION OF THE CITY.COUNCIL OF THE CITY OF NATIONAL CITY . AUTHORIZING THE CITY ENGINEER TO INSTALL A RED NO PARKING ZONE AT THE SOUTHEAST CORNER OF "D" AVENUE AND 2ND STREET (Z. Moeser, TSC Item No. 2001-35) WHEREAS, Zelva Moeser has requested the installation of a red no parking zone at the southeast corner of "D" Avenue and 2nd Street due to parked vehicles obstructing visibility of persons trying to enter "D" Avenue from 2°d Street; and WHEREAS, at its meeting on October 10, 2001, the Traffic Safety Committee approved installation of a 15-foot red no parking zone at the southeast corner of "D" Avenue and 2°d Street. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the City Engineer is authorized to install a 15-foot red no parking zone at the southeast corner of "D" Avenue and 2116 Street PASSED and ADOPTED this 6th day of November, 2001. George H. Waters, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: n,i3e.04:. George H. Eiser, III City Attorney NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR OCTOBER 10, 2001 ITEM TITLE: PREPARED BY: DISCUSSION: 2 \ REQUEST FOR INSTALLATION OF RED CURB "NO PARKING" ZONE AT "D" AVENUE AND 2ND STREET (BY: Z. MOESER) Adam J. Landa, Public Works Department Ms. Zelva Moeser, the owner of the property at 429 E. 2"d Street, has requested the installation of a red curb "no parking" zone at D" Avenue and 2"d Street. According to Ms. Moeser, parked vehicles from the neighborhood are parking at the intersection of "D" Avenue and 2"d Street. This is obstructing the visibility from persons trying to enter "D" Avenue from 2"d Street. The posted speed limit is 30 m.p.h. According to the posted speed and reaction time (see attached chart) the required length of red curb should be fifteen feet. There is no vehicle obstruction problem on 2"d Street. Therefore there is no need for red curb on 2nd Street. STAFF RECOMMENDATION: Staff recommends the installation of a fifteen foot red curb "No Parking" zone on the south east corner of "D" Avenue and 2"d Street (see location map). EXHIBITS: 1. Letter 2. Location Map 3. Chart 2001-35 /77 /_ 4xf nt)A- rhig S7 a4,4" ,/eve.;• 0/AP1 di,t4;L•LOC 6t-eieou poW etnee 110-74,1 e2-r-Le444_4..0e, eet-t-d--/ pe-tegz-Oe dee-e051 ,=7P,'Q" Stalted-1" Theo ez./e).11 ./`/Y 77.tee,e5 con-% /Re / E4:iif441 )EFT. :•c;ED e..ca 7-- c5 ;42-2/ 4er 17a-o07 Ce. ),,-4e--,1e2-1.-7 • 7./ ge‘e „ d 627, a/ ,-/47 Z•e- C-C- /9Z- L_ g25 4121,1- 9P a , e cr-r) - e- rb,e,t- e4e Asehj— Pexcl loossi,o) 7t,t Ereeedie 94ezAel rk4om • Zei /12/ 9k-1' 1e-417 b rtza Div/5/e�-; ilt,-,,' 717 .z- b . l'' ,Qd . / / /ge-eff ,,.(.,.ram-�-t�P eo -14,k/41-c/6-x-, ../•,/,"<te/2 eleir-zy t t Ataripta Tol #040%4L- sir r-'9041- • rsamosamenermo•••••••••0••••••NOMMINI •sr 7m7--AX') 1- PND ST I- 3RD °a 15' OF RED CURS ° IO Deceleration Rate d = 120 feet per second2 Reaction Time r = 1.00 second. Damon Dice = V2 dt2 or-Y2 Vt or Deceleration Time = Detector Setback = Deceleration Distance + Reaction Distance =-+Vr V = Speed (feet per second) d = Deceleration Rate (feet per second2) t = Deceleration Time (seconds) SPEED SPEED DEC. TIME DEC. DIST. TOTAL TIME TOTAL DIST. I USE Me Per Hour Feet per Sec. Second Feet I Second 1 Feet 1 Feet 25 36.7 I 306 1 56.1 I 406 928 90 44.0 387 80.7 4.67 124.7 I 35 51.3 4.28 109.6 . 5.28 160.9 160 40 58.7 45 66.0 50 73.3 489 143.6 5.89 2023 200 5.50 181.5 6.50 2475 250 6.10 2239 7.10 2972 300 55 80.7 6.72 1 271.4 1 7.72 1 352.1 I 350 60 1 88.0 7.33 l 322.7 8.33 410.7 410 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE November 6, 2001 AGENDA ITEM NO. 6 ITEM TITLE PREPARED BY RESOLUTION AUTHORIZING THE CITY MANAGER TO RENEW AN AGREEMENT WITH THE LAW FIRM OF LIEBERT CASSIDY WHITMORE TO PROVIDE SPECIAL SERVICES PERTAINING TO EMPLOYMENT RELATION MATTERS Roger .4)//4. DEPARTMENT Personnel EXPLANATION The proposed action would extend the Agreement with Liebert Cassidy Whitmore under which that firm is retained for assistance on employee relation matters. The previous Agreement expired on August 31, 2001. The new contract year would run from September 1, 2001 through August 31, 2002. Under the proposed Agreement, similar services would be provided at no increase in retainer costs. Funds are budgeted in the 2001-02 budget. This service has proven to be highly effective and useful during the previous term of the Agreement by providing City access as needed to a labor relations legal specialist who is familiar with National City. CEnvironmental Review N/A Financial Statement Total fee of $20,000 is budgeted. Approved By: Finance Direct Account No.001- 9-000-213 STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Proposed Resolution Proposed Agreement Resolution No. 2001-160 A-200 (9/99) RESOLUTION NO. 2000 - 160 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE LAW FIRM OF LIEBERT CASSIDY WHITMORE TO PROVIDE SPECIAL LEGAL SERVICES PERTAINING TO EMPLOYEE RELATIONS MATTERS BE IT RESOLVED by the City Council of the City of National City that the City Manager is hereby authorized to enter into an agreement with the law firm of LIEBERT CASSIDY WHITMORE to provide special legal services pertaining to employee relations matters. Said agreement is on file in the Office of the City Clerk. PASSED and ADOPTED this 6th day of November, 2001. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney ANNUAL RETAINER AGREEMENT FOR SPECIAL SERVICES This Agreement is entered into this ls` day of September, 2001, between the CITY OF NATIONAL CITY, A Municipal Corporation (hereinafter "City") and the law fine of LIEBERT CASSIDY WHITMORE, A Professional Corporation (hereinafter "Attorney"). WHEREAS City desires to retain expert representation and consulting services to assist City in its relations and negotiations with its employee organizations; and WHEREAS Attorney is specially experienced and qualified, to perform the services desired by the City and is willing to perform such services: NOW, THEREFORE, City and Attorney agree as follows: 1. At the direction of the City Manager, or his/her designee(s), Attorney shall perform for the City all necessary and reasonable services relating to employer -employee organization relations and employment relations, including the providing of expert advice to the City Council and City Manager or their designee(s), representing City in negotiations with employee organizations, the drafting of Memorandums of Understanding, planning, reporting and study sessions with City Management, and assistance in administering Memorandums of Understanding and personnel ordinances and rules. 2. For Attorneys aforesaid services performed under this Agreement, City shall pay Attorney an annual retainer fee of $20,000 for one bargaining unit negotiation. Said fee is payable as follows; Five Thousand Seven Hundred Dollars ($5,700.00) upon the effective date hereof, and eleven (11) monthly payments of One Thousand Three Hundred Dollars ($1,300.00) on or before the first day of each month during the balance of the term hereof, commencing September 1, 2001; plus necessary costs and expenses as authorized by the City: provided however, the City may, at its option, compensate Attorney for additional unit negotiations at the hourly rates provided for under paragraph 3 below. Said fees shall be payable on the fifteenth day of each month during the term hereof commencing on the effective date of this agreement. 3. Representation in connection with administrative hearings and court proceedings are not covered under the basic services hereunder. Attorney shall, upon request of the City, provide such representation at the rate of between One Hundred Thirty -Five and Two Hundred Sixty Dollars ($135.00 - $260.00) per hour for the actual time such representation services are rendered, plus necessary costs and expenses authorized by the City. Daniel Cassidy's billable rate is $225.00 per hour. Steve Berliner's billable rate is $180.00 per hour. Nate Kowalski's billable rate is $170.00 per hour. 4. The term of this Agreement is twelve months, commencing September 1, 2001, through August 31, 2002. The term may be extended for additional periods of time by the written consent of the parties. 5. It is understood and agreed by the parties that Attorney is and shall remain an independent contractor under this Agreement. The parties have caused this Agreement to be executed and to be effective the day and year first above written. LIEBERT CASSIDY WHITMORE CITY OF NATIONAL CITY A Professional Corporation A Municipal Corporation By Date id / / 9 , 2001 2 By Date , 2001 vIEETING DATE City of National City, California COUNCIL AGENDA STATEMENT November 6, 2001 AGENDA ITEM NO. 7 "ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ESTABLISHING THE ANNUAL APPROPRIATIONS LIMIT FOR FISCAL YEAR 2001-2002. PREPARED BY EXPLANATION Marylou Matienzo Director of Finance DEPARTMENT Finance The Annual Appropriations Limit for fiscal year 2001-2002 has been calculated as $31,001,939. The estimated appropriations for 2001-2002 subject to the limit is $22,995.202. The City is under the Annual Appropriations Limit by $8,006.737. Environmental Review N/A Financial Statement No effect since estimated appropriations are under the limit. Approved By:! . Finance Director Account No. STAFF RECOMMENDATION Adopt the resolution. BOARD / COMMISSION RECOMMENDATION Not Applicable. ATTACHMENTS ( Listed Below ) 1. Proposed Resolution. Resolution No. 2001-161 A-200 (9 99) RESOLUTION NO. 2001 - 161 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY SELECTING ANNUAL ADJUSTMENT FACTORS FOR USE IN ESTABLISHING THE ANNUAL APPROPRIATIONS LIMIT FOR FISCAL YEAR 2001-2002 WHEREAS, the voters of California on November 6, 1979, added Article XIII- B to the California Constitution placing various limitations on the appropriations of the State and local governments; and WHEREAS, Article XIII-B of the California Constitution provides that appropriations made by State and local governments shall be changed annually by a factor comprised of the change in population and the change in the cost of living; and WHEREAS, the voters of California on June 5, 1990, enacted Proposition 111 updating the calculation of appropriations limit of the State and local governments; and WHEREAS, Proposition 111 further provides that for fiscal years beginning on or after July 1, 1990, the appropriations limit of each entity of government shall be the appropriations limit for the fiscal year 1986-87 adjusted for the changes made from that fiscal year; and WHEREAS, Proposition 111 further provides that for fiscal years beginning on or after July 1, 1990, each city may choose as its change in cost of living adjustment factor either (1) the growth in California per capita income, or (2) the growth in the non-residential assessed valuation due to new construction within the city; and WHEREAS, Proposition 111 further provides that for fiscal years beginning on or after July 1, 1990, each city may choose as its change in population adjustment factor either (1) the population growth of the city, or (2) the population growth of the entire county. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that for fiscal year 2001-2002 the change in cost of living adjustment factor shall be the growth in California per capita income. BE IT FURTHER RESOLVED that for fiscal year 2001-2002, the change in population adjustment factor shall be the population growth of San Diego County. -- Signature Page to Follow — Resolution No. 2001 - 161 November 6, 2001 Page Two PASSED and ADOPTED this 6th day of November, 2001. George H. Waters, Mayor , ATTEST: APPROVED AS TO FORM: f oL Michael R. Dalla George H. Eiser, III City Clerk City Attorney City of National City, I alifornia COUNCIL AGENDA STATEMENT November 6, 2001 MEETING DATE AGENDA ITEM NO. 8 (-ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY SELECTING ANNUAL ADJUSTMENT FACTORS FOR USE IN ESTABLISHING THE ANNUAL APPROPRIATIONS LIMIT FOR FISCAL YEAR 2001-2002. PREPARED BY Marylou Matienzo DEPARTMENT Finance Director of Finance EXPLANATION As allowed by Proposition 111, the growth in California per capita income was chosen as the City's change in cost of living adjustment. In addition, the population growth of San Diego County was chosen as the population adjustment factor. CEnvironmental Review N/A Financial Statement Selected factors provide the highest Appropriations Limit. Approved By: / ' / Finance Director Account No. STAFF RECOMMENDATION Adopt the resolution. BOARD / COMMISSION RECOMMENDATION Not Applicable. ATTACHMENTS ( Listed Below) Resolution No, 2001-162 1. Proposed Resolution. 2. Schedule A. A-200 (9'99) RESOLUTION NO. 2001 - 162 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ESTABLISHING THE ANNUAL APPROPRIATIONS LIMIT FOR FISCAL YEAR 2001-2002 WHEREAS, the voters of California on November 6, 1979, added Article XIII- B to the California Constitution placing various limitations on the appropriations of the State and local governments; and WHEREAS, Article XIII-B of the California Constitution provides that appropriations made by State and local governments shall be changed annually by a factor comprised of the change in population and the change in the cost of living; and WHEREAS, the voters of California on June 5, 1990, enacted Proposition 111 updating the calculation of appropriations limit of the State and local governments; and WHEREAS, the calculations for the appropriations limit of the City of National City for fiscal year 2000-2001 are shown on Attachment 1 attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED that the cost of living factor to be used in calculating the appropriations limit for fiscal year 2001-2002 shall be as set forth in Attachment 1. BE IT FURTHER RESOLVED that the population change factor to be used in calculating the appropriations limit for fiscal year 2001-2002 shall be as set forth in Attachment 1. BE IT FURTHER RESOLVED that the appropriations limit for fiscal year 2000-2001 shall be $28,200,688 as set forth in Attachment 1. PASSED and ADOPTED this 6th day of November, 2001. George H. Waters, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla George H. Eiser, HI City Clerk City Attorney City of National City Gann Appropriations Unilt '20.014002 . Schedule A • Appropriations Limit - 2000-2001 CA Per Capita incomn inon3ase (A) Umit.80-Total ($28,200,688 x 1.0782) 617) countypopubsii Increase (A) - '00. Oe noe 2001:72002..(00,402%082 x:1.0196) (A) Source - Steot.CtfentaThnoe 28,200.6138 7.82% 30,405,982 1:964%. $ 31,001,939 Attachment 1 Y I. PUBLIC AGENCY FEE SCHEDULE (Hourly Rates) Partners $ 200.00 - $260.00 Associates $ 135.00 - $185.00 Of Counsel $ 175.00 - $210.00 Graduate Legal Assistants $ 110.00 Law Clerks $ 95.00 Paralegals $ 75.00 II. COST SCHEDULE 1. Photocopies 2. Facsimile Transmittal 62395.1 3 $ 0.15 per copy $ 1.00 per page City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE November 6, 2001 9 AGENDA ITEM NO. (-ITEM TITLE RESOLUTION OF THE CITY COUNCIL SUPPORTING THE SANDAG REGION2020 STRATEGY FOR SMART GROWTH IN THE SAN DIEGO REGION Steve Ray Planning PREPARED BY DEPARTMENT EXPLANATION SANDAG is requesting that the City adopt a resolution supporting the Region2020 Strategy and smart growth principles, as explained in the attached letter. The Strategy encourages more compact development, away from rural areas and with housing closer to employment, transportation and public facilities. SANDAG staff presented the 2020 Strategy to the City Council at a workshop this past July 17. City projects were mentioned as good examples of smart growth, including the National City Adult Education Center, Education Village, and Brick Row historic preservation. Environmental Review Financial Statement N/A X NiA Account No. STAFF RECOMMENDATION Rep Adopt the attached resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2. October 15, 2001 SANDAG letter and attachment Resolution No. 2001-163 A-200 (9/80) RESOLUTION NO. 2001 - 163 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY SUPPORTING THE SANDAG REGION 2020 STRATEGY FOR SMART GROWTH IN THE SAN DIEGO REGION WHEREAS, the City Council considered the SANDAG Region 2020 Strategy and smart growth principles at a special Council meeting held on July 17, 2001; and WHEREAS, the San Diego Association of Governments (SANDAG) is requesting local agencies to adopt resolutions to support the Region 2020 Strategy, which incorporates smart growth principles; and WHEREAS, SANDAG has emphasized that the current population of the San Diego region is almost three million people, and the region's population, jobs, and housing units are steadily growing; and WHEREAS, SANDAG studies have concluded that collectively, current local plans will not meet the housing and employment needs for the Region's new residents and future economic prosperity; and WHEREAS, SANDAG has further emphasized that without changes to current plans, the San Diego region will face a growing crisis in affordable housing, transportation, habitat and open space preservation, economic prosperity, and energy and water needs; and WHEREAS, REGION 2020 is the Region's Growth Management Strategy which espouses planning principles that reduce sprawl and address the challenges that come with future growth; and WHEREAS, the San Diego Region has defined smart growth as a compact, efficient, and environmentally -sensitive pattern of development that provides people with additional travel, housing, and employment choices by focusing future growth closer to existing and planned job centers and public facilities, and away from rural- areas; and WHEREAS, adoption and application of smart growth principles should not be interpreted as committing the City to enact or carry out any policies that involve the exercise of future discretion and adherence to due process; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City supports the REGION 2020 strategy, and the following smart growth principles that it promotes: 1. New development to be focused closer to urban jobs and activity centers and away from rural areas. Resolution No. 2001 - 163 November 6, 2001 Page Two 2. Additional travel choices among activity centers, and more mixed use development and pedestrian -friendly urban designs. 3. Location of new jobs near existing housing, and new housing near existing jobs. 4. A variety of housing types in each community that meet the housing needs of all income levels. 5. Adequate investment for existing and future infrastructure needs in smart growth areas. 6. Environmentally -sensitive development that conserves energy and water; ensures the protection of resources that preserve the biodiversity of the region; and preserves open space, community parks, agricultural lands, watersheds, wetlands, scenic values, and wildlife. BE IT FURTHER RESOLVED THAT City plans and regulations should ensure that future growth improves the quality oflife throughout the region and decisions should be made consistent with the above -stated smart growth principles. PASSED and ADOPTED this 6th day of November, 2001. ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: 4: ac George H. Eiser, III City Attorney George H. Waters, Mayor • NATIONAL CITY PLANNING DEPARTMENT October 15, 2001 Mr. Roger Post City of National City Planning Department 1243 National City Boulevard National City, CA 91950-4301 San Diego ASSOCIATION OF GOVERNMENTS 401 B Street, Suite 800 San Diego, CA 92101-4231 (619) 595-5300 • Fax (619) 595-5305 www.sandag.org SUBJECT: 1. Request for Action on REGION2020 Resolution of Support (Attached) 2. _ ange of Date for Upcoming Regional Summit De As y..0 know, SANDAG has been advocating for the implementation of smarter growth throughout our region. To date, staff has visited almost every City Council with REGION2020 workshops, and followed up with visits from our technical staff regarding land use and transportation inputs for the 2030 forecast. We know that smart growth is already happening in our region — we have some excellent examples. But we also know that we need more of it. We need more mixed uses, more pedestrian and biking opportunities, more access to public transit, more homes and more housing affordability, better connections between jobs and housing, and more consistency between local and regional plans and forecasts. In order to solidify the region's commitment toward smart growth and to reinforce our elected officials' commitment to smart planning principles, I encourage you to request your Council to take action on the attached Resolution of Support for Smart Growth in the San Diego Region. The region has a prime opportunity to move forward with smart growth, and many stars are "aligned" at this very moment: • The Cities of San Diego and Chula Vista, and the County of San Diego are undertaking major general plan updates; • Other jurisdictions, induding your own, are exploring and pursuing potential for smart growth projects within their own communities; • The region's transit agencies are revamping their plans and strategies, and working with SANDAG to develop a Regional Transit Vision; and • SANDAG is preparing a 2030 Regional Transportation Plan (RTP), which will rely to a great extent on local inputs to the 2030 Forecast and the ongoing transit planning efforts. SANDAG is not asking for commitments at the local level only. In fact, SANDAG is committing to smarter growth at the regional level. The 2030 RTP, for example, will be used as a regional tool to induce smart growth by more effectively integrating transportation and land uses, and prioritizing transportation resources toward projects consistent with smart growth principles. MEMBER AGENCIES: Cities of Carlsbad, Chula Vista, Coronado, Del Mar, El Cajon, Encinitas, Escondido, Imperial Beach, La Mesa, Lemon Grove, National City, Oceanside, Poway, San Diego, San Marcos, Santee, Solana Beach, Vista, and County of San Diego. ADVISORY/LIAISON MEMBERS: California Department of Transportation, Metropolitan Transit Development Board, North San Diego County Transit Development Board, U.S. Department of Defense, S.D. Unified Port District, S.D. County Water Authority, and Tijuana/Baja California/Mexica • As you know, SANDAG will host a summit on the future of the region, focusing particularly on quality of life issues. The Summit, which was originally scheduled on the morning of November 9, 2001, has been postponed until winter 2002. "Save -the -Date" notices will be mailed shortly. If you would like SANDAG to return to your Council for additional discussion on the Resolution of Support, please contact me at (619) 595-5373, or Carolina Gregor of my staff, at (619) 595-5399. I look forward to receiving your City's support toward smart growth soon. CHAEL MCLAUGHLIN Director, Regional Planning CG/jdk Attachment 2 REGION2020 WORKING TOGETHER TO SHARE OUR FUTURE Resolution Supporting Smart Growth in the San Diego Region WHEREAS, the current population of the San Diego region is almost 3 million people, and the region's population, jobs, and housing units are steadily growing; and WHEREAS, collectively, current local plans will not meet the housing and employment needs for our new residents and our future economic prosperity; and WHEREAS, without changes to current plans, the San Diego region will face a growing crisis in affordable housing, transportation, habitat and open space preservation, economic prosperity, and energy and water needs; and WHEREAS, REGION2020 is the region's growth management strategy which espouses planning principles that reduce sprawl and address the challenges that come with future growth; and WHEREAS, the San Diego region has defined smart growth as a compact, efficient, and environmentally -sensitive pattern of development that provides people with additional travel, housing, and employment choices by focusing future growth closer to existing and planned job centers and public facilities, and away from rural areas; now therefore BE IT RESOLVED THAT we support the REGION2020 strategy, and the following smart growth principles that it promotes: 1. Newdevelopment to be focused closer to urban jobs and activity centers and away from rural areas. 2. Additional travel choices among activity centers, and more mixed use development and pedestrian -friendly urban designs. 3. Location of new jobs near existing housing, and new housing near existing jobs. 4. A variety of housing types in each community that meet the housing needs of all income levels. 5. Adequate investment for existing and future infrastructure needs in smart growth areas. 6. Environmentally -sensitive development that conserves energy and water; ensures the protection of resources that preserve the biodiversity of the region; and preserves open space, community parks, agricultural lands, watersheds, wetlands, scenic values, and wildlife. BE IT FURTHER RESOLVED THAT local plans and regulations should ensure that future growth improves the quality of life throughout the region. We urge our local elected officials to plan now for the future by incorporating smart growth principles into local general plans, zoning ordinances, project review criteria, street design standards, and other implementation processes, and to make decisions consistent with the above -stated smart growth principles. PASSED AND ADOPTED this day of of 2001 President/ Chairperson Organization MEETING DATE City of National City, C4lifornia COUNCIL AGENDA STATEMENT November 6, 2001 10 AGENDA ITEM NO. ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AIRSPACE GROUND LEASE WITH THE STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION FOR THE AIRSPACE LOCATED NEAR THE INTERCHANGE OF HIGHWAY 805, PALM AVENUE AND DIVISION STREET PREPARED BY Rhonda Darling DEPARTMENT Public Works EXPLANATION On October 16, 2001, the City Council decided on accepting the proposed lease as it has been written between the City and Caltrans for the property at Division Street and Palm Avenue. We are now presenting the lease to City Council to request authorization for the Mayor to sign the lease. After the initial ten-year lease expires, it may be renewed for two additional ten-year terms. Once signed by the Mayor, the lease will be forwarded to Caltrans for their signature and finalization. After the lease with Caltrans is executed, the City can then negotiate sub -leases for non-profit, community -benefit type use of the property. Caltrans has examples of subleases they will provide us as a basis for preparing our subleases. Environmental Review X N/A Financial Statement The cost of the ten-year lease is $5,120, which will be paid friSiiRPAMAriff There are two ten-year renewal terms allowed by the lease, but are only requesting funds or the mance rec or initial ten-year lease at this time. a r-..' es that any rent charged to subleases by the City must be forwarded to the State. _ Account No. STAFF RECOMMENDA Recommend the City al'.TT'to aut orize the ayor to sign the lease. BOAARD / COMMISSION RECOMMENDAON ATTACHMENTS ) Listed Below ) Proposed lease Resolution No. 2001-164 A-200 (9!99) RESOLUTION NO. 2001 - 164 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AIRSPACE GROUND LEASE WITH THE STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION FOR THE AIRSPACE LOCATED NEAR THE INTERCHANGE OF HIGHWAY 805, PALM AVENUE AND DIVISION STREET WHEREAS, SB 160 authorized the State of California, Department of Transportation to have the airspace under the interchange of Highway 805 at Palm Avenue and Division Street for community benefit and sound services purposes; and WHEREAS, the State of California, Department of Transportation has prepared and submitted an airspace ground lease for approval by the City of National City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute an airspace ground lease with the State of California, Department of Transportation for the airspace located near the interchange of Highway 805, Palm Avenue and Division Street. Said Lease is on file in the office of the City Clerk. PASSED and ADOPTED this 6th day of November, 2001. ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney George H. Waters, Mayor A STATE OF CALIFORNIA, DEPART OF TRANSPORTATION f AIRSPACE GROUND LEASE ra 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 chall 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 (Article 9). Tenant may self -insure. ASE 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 ai}y 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: 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 , AU lying within following described area: 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; at the rent, and Airspace Lease County of San attached, hereto in the "City of ASE 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., 244 feet, to the 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 a central angle of 10°57'28", an arc distance of 114.56 feet; thence (4) leaving said Northeasterly line along the Northerly extension of said curve through a central 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. i 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) years, 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 SE 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, SPORTATION, 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. R; 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 ASE AREA No. 11-SDX805-12 consider the use to which the premises are being put and shall riot 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 the intent 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 hall 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 lmitations 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 final 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 bye Tenant 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 ASE 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 Premises in 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 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. 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 premises for purposes of providing to Tenant the opportunity to investigate, sample and analyze ti soil and groundwater on the premises for the presence of hazardous substances; (3) by signing this Lease 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, relatin to or affecting the condition, use or occupancy of the premises. The judgment of any court of comp( jurisdiction or the admission of Tenant in attraction against Tenant, whether Landlord be a party thereto 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, .10 AREA No. 11-SDX805-12 on or about the premises. Tenant shall not commit or suffer t9 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 rem%val 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 E 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 dischafge of storm water runoff into private or public storm wa drainage systems. Tenant must comply wititr'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. _ _ n _O SC SASE 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 places 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) (2) (3) Completion bond issued to Landlord as obligee. 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 said bonds are issued jointly to Tenant and Landlord as obligees. Any combination of the above. Page 9 of 26 ASE AREA NO.11SDX805-12 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. (c) Liability insurance as provided in Section 9.2. (d) Fire insurance as provided in Section 9.3. (e) A copy of a building permit issued by the appropriate local jurisdiction. (f) A copy of Tenant's contract with the general contractor actually performing construction. (g) Final landscaping and irrigation plans and detailed specifications including a maintenance plan for litter removal, watering, fertilization and replacement of landscaping. (h) Evidence of compliance with the applicable provisions of all federal, state and local environmental statutes, laws, regulations and ordinances. (i) 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 requirethents. (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 govern 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 furnish 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_Qf this Lease. Tenant shall not remove any improvements from the premises nor waste, destroy or modify, improvements on the premises, except as scifically permitted by this Lease. At the expiration or 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 E 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 41a1l 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 reclred 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 ASE 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 term 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 Tel 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,'ts 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 E 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 the right at any time to review the coverage, form, and amount of the insurance required hereby. Ii:, 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 or maintain 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 raining 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 ASE AREANo.11-SDX805-12 its property or the property of others under its control to the, extent that such loss or damage is insure 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 shall 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 tV 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 settlenv" Landlord and Tenant hereby waive the provis*+ns of Section 1932 (2) and 1933 (4) of the California C...l 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. AREA No.11-SDX805-12 .r, 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 AM 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,.. impose such restrictions on Tenant's right p_ enter, occupy, and use the premises and to constr• 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 PnETP 16 of 26 s, ASE AREA No.11-SDX805=12 the effective date of the commencement of such possessions 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 thepremises 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 lit4ASE 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 shaft 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''i landscaping services and all other materials act 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. ASE 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 E AREA No.11-SDX805-12' 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 shall 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 rat one 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 nn _r nr SE AREA NO. 11-SDX805-12 "rent" as used in this Article shall be deemed tube 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. (c) 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. (b) Page 21 of 26 E 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 yepy 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 ASE 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 c5ontrol. (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 ASE AREA No. 11-SDX805-12 ., L Landlord covenants and agrees with Tenant that upon Tenantpaying 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 compete.._ 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 judgmentrendered 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 per - or organization, shall be deemed to be joint atti several, and all rights and remedies of the parties sha.. cumulative and non-exclusive of any other remedy at law or in equity. 20.7 Binding Effect; Choice of Law Pave 24 of 2f' °4 C E 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 Holding 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 examinatiof;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 SE 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: SCOTT ATKINS Chief, Airspace and Outdoor Advertising Branch Right of Way Division Department of Transportation APPROVED AS TO FORM: BY: BY: Al'IEST: BY: BY: City Attorney City Clerk tt> VICINITY MAP II-50-805-2 IPL.AI CITY OF NATIONAL CITY EXHIBIT A I1- SO - 805 4 •A .I ItEISCLANNE & IIaaN ► ar awm EOENO i ______ __ auaaa ouzo ME MOMS NNVM a011 WOE14FImM WILT. MOWS mN =Cmmmt uDun um 510110 AL VOW= E1 Pig ILoa STATE OF CAUFOF TRANSPORTATION AGE DEPARTMENT OP TRANSPC DIVISION OP NIONS DISTRICT II FREEVAY LEA AREA MAP CITY, OF SAN :: DIEGC1 L.O 49057 MAP OATS: ... City of National City, c alifornia COUNCIL AGENDA StATEMENT .. EETING DATE NOVEMBER 6, 2001 11 AGENDA ITEM NO. (—ITEM TITLE RESOLUTION APPROVING CHANGE ORDER NUMBER FIVE, WORK AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION CENTER DRIVE AND NATIONAL CITY BOULEVARD IMPROVEMENTS, SPEC PREPARED BY Michael Long EXPLANATION DEPARTMENT Engineering SEE ATTACHED ACCEPTING THE" FOR THE CIVIC . NO. 00-5 ( Environmental Review X N/A ( Financial Statement The final construction cost is APPro d By: is wit in the estimated Finance Director budget for this project. Funding; v. it i; e rough Account No. 1-413-133-1148. $1,255,568.00. This amount STAFF RECOMMENDATI Adopt the Resolution: BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Resolution 2. Contract Final Balance 3. Notice of Completion 4. Contract Change Order No. 5 20n1-165 A-200 i9 99) EXPLANATION: On December 12, 2000 by Resolution No. 2000-160, the City Council awarded a contract in the amount of $1,178,343.71 to Geoscene Construction, Inc. for the Civic Center Drive and National City Boulevard Improvements. On September 24, 2001 a final inspection was completed and the work was found to be in accordance with the approved plans and specifications. The final project construction cost including all change orders is $1,255,568.00. This amount is within the approved project funding. The following summarizes the change orders: Change Order Number One was written to provide sidewalk underdrains where existing roof drains terminated on the sidewalk. This change order increased the original contract by $693.52 to a new contract price of $1,179,038.23. Change Order Number Two was written to provide for the removal of trees that had damaged existing improvements and threatened to damage the proposed improvements. This change order increased the amended contract by $1,437.50 to a new contract price of $1,180,475.73. Change Order Number Three was written to provide for the demolition of existing deteriorated curb and gutter and allow for the construction of new curb and gutter. This change order increased the amended contract by $400.63 to a new contract price of $1,180,876.36. / Change Order Number Four was written to provide for landscape changes to the median that was extended to incorporate the "A" Avenue realignment project. This change order increased the amended contract by $1,000.00 to a new contract price of $1,181,876.36. Change Order Number Five was written to adjust the bid quantities of work to the final quantities of work for each bid item. The .majority of the increased cost resulting from this change order is due to the increase of failed pavement areas discovered during reconstruction of the street. This final change order increases the amended contract amount by $73,691.64 to the final contract amount of $1,255,568.00. See the attached contract final balance spreadsheet and change order number five for detailed changes from the bid quantities. RESOLUTION NO. 2001— 165 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING CHANGE ORDER NO. 5, ACCEPTING THE WORK AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE CIVIC CENTER DRIVE AND NATIONAL CITY BOULEVARD IMPROVEMENTS (Engineering Spec. No. 00-5) BE IT -RESOLVED by the City Council of the City of National City, California, as follows: It appearing to the satisfaction of the Engineering Department that all work required to be done by GEOSCENE CONSTRUCTION, INC., Engineering Department Specification No. 00-5, for the Civic Center and National City Boulevard Improvements has been completed, the City Council of National City hereby accepts said work and authorizes the filing of a Notice of Completion and orders that payment for said work be made in accordance with said contract. BE IT FURTHER RESOLVED that Change Orders No. 5 is hereby approved. PASSED and ADOPTED this 6th day of November, 2001. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: /0 .4:- George H. Eiser, III City Attorney Civic Center Drive and National City Boulevard Improvements Specification No. 00-5 CONTRACT FINAL BALANCE Date: 9/24/01 Amended Contract (Includes CO's 1-4) Quantity Increase (+)IDecrease Adjustment (-) Final Contract No. Item Description Unit UnitCost Quantity Amount Quantity Amount Quantity Amount 1 Mobilization LS $ 63,889.00 1 $ 63,889.00 0 $ - 1 $ 63,889.00 2 Traffic Control LS $ 31,210.00 1 $ 31,210.00 0 $ - 1 $ 31,210.00 3 Adjust Sheet Survey Monument to Grade EA $ 336.00 5 $ 1,680.00 0 $ - 5 $ 1,680.00 4 Clearing And Grubbing LS $ 40,284.00 1 $ 40,284.00 0 $ - 1 $ 40,284.00 5 Traffic Striping LS $ 4,234.00 1 $ 4,234.00 0 $ - 1 $ 4,234.00 6 Remove And Replace Street Section (Civic Center Dr.) SF $ 5.17 14,530 $ 75,120.10 11000 $ 56,870.00 25530 $ 131,990.10 7 Remove And Replace Street Section (National City Blvd.) SF $ 5.17 455 $ 2,352.35 549 $ 2,838.33 1004 $ 5,190.68 8 Remove Existing Cobra Head Lt Standards (Work Performed by SDGE, Contractor to Coordinate) EA $ 112.00 9 $ 1,008.00 0 $ - 9 $ 1,008.00 9 Remove Existing Street Lt Foundations (Work Performed by SDGE, Contractor to Coordinate) EA $ 112.00 9 $ 1,008.00 0 $ - 9 $ 1,008.00 10 Adjust Manhole To Grade EA $ 336.00 22 $ 7,392.03 -7 $ (2,352.00) 15 $ 5,040.00 11 Replace Type 2 Detector Loop EA $ 336.00 26 $ 8,736.00 0 $ - 26 $ 8,736.00 12 Install Curb And Gutter LF $ 22.51 3,446 $ 77,569.46 -327 $ (7,360.77) 3119 $ 70,208.69 13 Install Median Curb LF $ 17.68 945 $ 16,707.60 22.5 $ 397.80 967.5 $ 17,105.40 14 Remove And Replace Cross Gutter SF $ 4.87 4,600 $ 22,402.00 1008 $ 4,908.96 5608 $ 27,310.96 15 Install P.C.C. Driveway (7' Thick) SF $ 3.58 4,520 $ 16,181.60 889 $ 3,182.62 5409 $ 19,364.22 16 AC Overlay TON $ 54.88 1250 $ 68,600.00 697 $ 38,251.36 1947 $ 106,851.36 17 Cold Milling SY $ 1.96 12,700 $ 24,892.00 1125 $ 2,205.00 13825 $ 27,097.00 18 Pavement Fabric SY $ 1.07 14,400 $ 15,408.00 -253 $ (270.71) 14147 $ 15,137.29 19 Concrete Sidewalk SF $ 3.22 27,590 $ 88,839.80 -5764.4 $ (18,561.37) 21825.6 $ 70,278.43 20 PCC Private Walkway Behind Sidewalk SF $ 3.27 600 $ 1,962.00 0 $ - 600 $ 1,962.0D 21 Alley Apron - EA $ 1,116.00 4 $ 4,464.00 0 $ - 4 $ 4,464.00 22 Raised Walkway (Ped Ramp Detail Plan Sheet 2) EA $ 1,219.00 2 $ 2,438.00 0 $ - 2 $ 2,438.00 23 Colored Concrete Sidewalk - Light Sandblast Finish SF $ 4.76 8,000 $ 38,080.00 -794.25 $ (3,780.63) 7205.75 $ 34,299.37 24 Concrete Bollard With Chain EA $ 313.00 62 $ 19,406.00 0 $ - 62 $ 19,406.00 25 Reactive Color Treatment Paving LS $ 2,550.00 1 $ 2,550.00 0 $ - 1 $ 2,550.00 26 Tree Grate FA $ 1,201.00 12 $ 14,412.00 -1 $ (1,201.00) 11 $ 13,211.00 27 Steel Header LF $ 3.81 1,510 $ 5,753.10 -346 $ (1,316.26) 1164 $ 4,434.84 28 Decomposed Granite SF $ 0.64 4,400 $ 2,816.00 0 $ - 4400 $ 2,816.00 29 Directional Sign Type "A" EA $ 5,690.00 1 $ 5,690.00 0 $ - 1 $ 5,690.00 30 Directional Sign Type "B" EA $ 5,690.00 1 $ 5,690.00 0 $ - 1 $ 5,690.00 31 Replace Concrete Utility Box EA $ 204.00 18 $ 3,672.00 0 $ - 18 $ 3,672.00 32 Bauhinia Blakeana Tree - 36 Inch Box EA $ 560.00 20 $ 11,200.00 0 $ - 20 $ 11,200.00. 33 Pyms Calleryana Tree - 24 Inch Box EA $ 224.00 75 $ 16,800.00 -1 $ (224.00) 74 $ 16,576.00 34 Shrubs - 5 Gallon EA $ 16.00 530 $ 8,480.00 0 $ - 530 $ 8,480.00 35 Sod SF $ 0.45 1,000 $ 450.00 0 $ - 1000 $ 450.00 36 Fine Grade SF $ 0.56 4,120 $ 2,307.20 0 $ 4120 $ 2,307.20 37 Soil Amendment SF $ 0.90 960 $ 864.00 0 $ - 960 $ 864.00 38 Mulch CY $ 45.00 19 $ 800 0 $ - 19 $ 855.00 39 Irrigation System LS $ 89,186.00 1 $ 89,186:00 0 $ - 1 $ 89,186.00 40 Remove And Replace Storm Drain Inlet Lids EA $ 392.00 4 $ 1,568.00 -2 $ (784.00) 2 $ 784.00 41 Replace Concrete Utility Box With Colored Concrete Lids EA $ 74.00 18 $ 1,332.00 4 $ 296.00 22 $ 1,628.00 42 Install Root Barriers LS $ 11,200.00 1 $ 11,200.00 0 $ - 1 $ 11,200.00 43 Install 1" Service, 1" Meter, and Short Side Wet Tap (Work by SWA, Contractor to Coordinate) EA $ 280.00 2 $ 560.00 0 $ - 2 $ 560.00 44 Install 1" Service, 1" Meter, and Long Side Wet Tap (Work by SWA, Contractor to Coordinate) FA $ 280.00 1 $ 280.00 0 $ - 1 $ 280.00 45 Install Backflow Prevenfer and Enclosure EA $ 1,411.00 3 $ 4,233.00 0 $ - 3 $ 4,233.00 46 Colored Concrete Median Paving - Light Sandblast Finish SF $ 9.25 694 $ 6,419.50 64.25 $ 594.31 758.25 $ 7,013.81 47 Class °A' Topsoil CY $ 22.00 70 $ 1,540.00 0 $ - 70 $ 1,540.00 48 Date Palm - 20 Foot Brown Trunk Height EA $ 8,960.00 3 $ 26,880.00 0 $ - 3 $ 26,880.00 49 Street Light Pole Standard, Twin Acorn EA $ 2,451.00 53 $ 129,903.00 0 $ - 53 $ 129,903.00 50 Twin Acorn Acrylic Luminares (2-150W HPS) EA $ 1,120.00 53 $ 59,360.00 0 $ - 53 $ 59,360.00 51 Meter Pedestal EA $ 2,800.00 2 $ 5,600.00 0 $ - 2 $ 5,600.00 52 Pole Base Foundation EA $ 560.00 53 $ 29,680.00 0 $ - 53 $ 29,680.00 53 Street Lighting Electrical System LS $ 95,200.00 1 $ 95,200.00 0 $ - 1 $ 95,200.00 Extra Work Items 54 CCO #1 - Sidewalk Underdrains LS $ 693.52. 1 $ 693.52 $ 693.52 55 CCO #2 - Remove Trees LS $ 1,437.50 1 $ 1,437.50 $ 1,437.50 56 CCO #3 - Demo for 160' C & G LS $ 400.63 1 $ 400.63 $ 400.63 57 CCO #4 - Median Landscaping Changes LS $ 1,000.00 1 $ 1,000.00 $ 1,000.00 Amended Contract Total (w/change orders 1-4) $ 1,181,876.36 Adjusted Quantities Increased Contract Amount (CCO #5) $ 73,691.64 CONTRACT FINAL BALANCE $ 1,255,568.00 Page 1 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: NAME: CITY OF NATIONAL CITY ADDRESS: 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 NOTICE OF COMPLETION CALIFORNIA CIVIL CODE SECTION 3093 NOTICE IS HEREBY GIVEN of the completion on September 24, 2001, of the CIVIC CENTER DRIVE AND NATIONAL CITY BOULEVARD IMPROVEMF,NTS, SPEC. NO. 00-5 Work of improvement or portion of work of improvement under construction or alteration. on the premises located at Civic Center Drive and National City Boulevard, National City, CA 91950 Street Address City State Zip Code The undersigned owns the following interest or estate in said property: Public Right of Way Nature of the interest or estate of owner (mortgagor, lessee, etc.) Said work of improvement was performed on the property pursuant to a contract with GEOSCENE CONSTRUCTLON, INC. Name of Original Contractor The following work and material were supplied. Landscape, Hardscape and Paving Operations. General statement of kind of labor, services, equipment or materials The names and addresses of co -owners are: N/A Joint tenants, tenants in common, or other owners Dated: , 2001; Signature of Owner City of National City, 1243 National City Blvd., National City, CA 91950 I, the undersigned, say: I have read the foregoing Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the forgoing is true and correct. Executed on , 2001, at . California. Signature: GEORGE H. WATERS, MAYOR Noe 004 CONTRACT CHANGE OR4ER NO. 5 ORIGINAL DATE: 10/16/01 PROJECT: Civic Center Drive and National City Boulevard Improvements, Specification No. 00-05 TO: Mr. Ray Samuelson Geoscene Construction, Inc. 912 S. Andreasen Drive, Suite 109 Escondido, CA 92029 DESCRIPTION OF CHANGE: This change order is written to adjust the bid uantities to the actual quantities of work completed for each bid item Amended Contract (includes CO's 1-4) Quantity Adjustment Increase (+)/Decrease (-) Final Contract No. Item Description Unit UnitCost Quantity Amount Quantity Amount Quantity Amount 1 Mobilization LS $ 63,889.00 1 $ 63,889.00 0 $ - 1 $ 63,889.00 2 Traffic Control LS $31,210.00 1 $ 31,210.00 0 $ - 1 $ 31,210.00 3 Adjust Street Survey Monument to Grade EA $ 336.00 5 $ 1,680.00 0 $ - 5 $ 1,680.00 4 Clearing And Grubbing LS $ 40,284.00 1 $ 40,284.00 0 $ - 1 $ 40,284.00 5 Traffic Striping LS $ 4,234.00 1 $ 4,234.00 0 $ - 1 $ 4,234.00 6 Remove And Replace Street Section (Civic Center Dr.) SF $ 5.17 14,530 $ 75,120.10 11000 $ 56,870.00 25530 $ 131,990.10 7 Remove And Replace Street Section (National City Blvd.) SF $ 5.17 455 $ 2,352.35 549 $ 2,838.33 1004 $ 5,190.68 8 Remove Existing Cobra Head Lt Standards (Work Performed by SDGE, Contractor to Coordinate) EA $ 112.00 9 $ 1,008.00 0 $ - 9 $ 1,008.00 9 Remove Existing Street Lt Foundations (Work Performed by SDGE, Contractor to Coordinate) EA $ 112.00 9 $ 1,008.00 0 $ - 9 $ 1,008.00 10 Adjust Manhole To Grade EA $ 336.00 22 $ 7,392.00 -7 $ (2,352.00) 15 $ 5,040.00 11 Replace Type 2 Detector Loop EA $ 336.00 26 $ 8,736.00 0 $ - 26 $ 8,736.00 12 Install Curb And Gutter LF $ 22.51 3,446 $ 77,569.46 -327 $ (7,360.77) 3119 $ 70,208.69 13 Install Median Curb LF $ 17.68 945 $ 16,707.60 22.5 $ 397.80 967.5 $ 17,105.40 14 Remove And Replace Cross Gutter SF $ 4.87 4,600 $ 22,402.00 1008 $ 4,908.96 5608 $ 27,310.96 15 Install P.C.C. Driveway (7" Thick) SF $ 3.58 4,520 $ 16,181.60 889 $ 3,182.62 5409 $ 19,364.22 16 AC Overlay TON $ 54.88 1250 $ 68,600.00 697 $ 38,251.36 1947 $ 106,851.36 17 Cold Milling SY $ 1.96 12,700 $ 24,892.00 1125 $ 2,205.00 13825 $ 27,097.00 18 Pavement Fabric SY $ 1.07 14,400 $ 15,408.00 -253 $ (270.71) 14147 $ 15,137.29 19 Concrete Sidewalk SF $ 3.22 27,590 $ 88,839.80 -5764.4 $ (18,561.37) 21825.6 $ 70,278.43 20 PCC Private Walkway Behind Sidewalk SF $ 3.27 600 $ 1,962.00 0 $ - 600 $ 1,962.00 21 Alley Apron EA $ 1,116.00 4 $ 4,464.00 0 $ - 4 $ 4,464.00 22 Raised Walkway (Ped Ramp Detail Plan Sheet 2) EA $ 1,219.00 2 $ 2,438.00 0 $ - 2 $ 2,438.00 Page 1 CONTRACT CHANGE OR)ER NO. 5 Amended Contract (includes CO's 1-4) Quantity Adjustment Increase (+)IDecrease (-) Final Contract No. Item Description Unit UnitCost Quantity Amount Quantity Amount Quantity Amount Colored 23 Light Concrete Sidewalk - Sandblast Finish SF $ 4.76 8,000 $ 38,080.00 -794.25 $ (3,780.63) 7205.75 $ 34,299.37 24 Concrete Bollard With Chain EA $ 313.00 62 $ 19,406.00 0 $ - 62 $ 19,406.00 25 Reactive Color Treatment Paving LS $ 2,550.00 1 $ 2,550.00 0 $ - 1 $ 2,550.00 26 Tree Grate EA $ 1,201.00 12 $ 14,412.00 -1 $ (1,201.00) 11 $ 13,211.00 27 Steel Header LF $ 3.81 1,510 $ 5,753.10 -346 $ (1,318.26) 1164 $ 4,434.84 28 Decomposed Granite SF $ 0.64 4,400 $ 2,816.00 0 $ - 4400 $ 2,816.00 29 Directional Sign Type "A" EA $ 5,690.00 1 $ 5,690.00 0 $ - 1 $ 5,690.00 30 Directional Sign Type "B" EA $ 5,690.00 1 $ 5,690.00 0 $ - 1 $ 5,690.00 31 Replace Concrete Utility Box EA $ 204.00 18 $ 3,672.00 0 $ - 18 $ 3,672.00 32 Bauhinia Blakeana Tree - 36 Inch Box EA $ 560.00 20 $ 11,200.00 0 $ - 20 $ 11,200.00 33 Pyrus Calleryana Tree - 24 Inch Box EA $ 224.00 75 $ 16,800.00 -1 $ (224.00) 74 $ 16,576.00 34 Shrubs - 5 Gallon EA $ 16.00 530 $ 8,480.00 0 $ - 530 $ 8,480.00 35 Sod SF $ 0.45 1,000 $ 450.00 0 $ - 1000 $ 450.00 36 Fine Grade SF $ 0.56 4,120 $ 2,307.20 0 $ - 4120 $ 2,307.20 37 Soil Amendment SF $ 0.90 960 $ 864.00 0 $ - 960 $ 864.00 38 Mulch CY $ 45.00 19 $ 855.00 0 $ - 19 $ 855.00 39 Irrigation System LS $ 89,186.00 1 $ 89,186.00 0 $ - 1 $ 89,186.00 40 Remove And Replace Storm Drain Inlet Lids EA $ 392.00 4 $ 1,568.00 -2 $ (784.00) 2 $ 784.00 41 Replace Concrete Utility Box With Colored Concrete Lids EA $ 74.00 18 $ 1,332.00 4 $ 296.00 22 $ 1,628.00 42 Install Root Barriers LS $ 11,200.00 1 $ 11,200.00 0 $ - 1 $ 11,200.00 43 Install 1" Service, 1" Meter, and Short Side Wet Tap (Work by SWA, Contractor to Coordinate) EA $ 280.00 2 $ 560.00 0 $ - 2 $ 560.00 44 Install 1" Service, 1" Meter, and Long Side Wet Tap (Work by SWA, Contractor to Coordinate) EA $ 280.00 1 $ 280.00 0 $ - 1 $ 280.00 45 Install Backflow Preventer and Enclosure EA $ 1,411.00 3 $ 4,233.00 0 $ - 3 $ 4,233.00 46 Colored Concrete Median Paving - Light Sandblast Finish SF $ 9.25 694 $ 6,419.50 64.25 $ 594.31 758.25 $ 7,013.81 47 Class "A" Topsoil CY $ 22.00 70 $ 1,540.00 0 $ - 70 $ 1,540.00 48 Date Palm - 20 Foot Brown Trunk Height EA $ 8,960.00 3 $ 26,880.00 0 $ - 3 $ 26,880.00 49 Street Light Pole Standard, Twin Acorn EA $ 2,451.00 53 $ 129,903.00 0 $ - 53 $ 129,903.00 50 Twin Acorn Acrylic Luminares (2-150W HPS) EA $ 1,120.00 53 $ 59,360.00 0 $ - 53 $ 59,360.00 51 Meter Pedestal EA $ 2,800.00 2 $ 5,600.00 0 $ - 2 $ 5,600.00 52 Pole Base Foundation EA $ 560.00 53 $ 29,680.00 0 $ - 53 $ 29,680.00 Page 2 CONTRACT CHANGE ORDER NO. 5 Amended Contract (includes CO's 1-4) Quantity Adjustment Increase (+)/Decrease (-) Final Contract No. Item Description Unit UnitCost Quantity Amount Quantity Amount Quantity Amount 53 Street Lighting Electrical System LS $ 95,200.00 1 $ 95,200.00 0 $ - 1 $ 95,200.00 Extra Work Items 54 CCO #1 - Sidewalk Underdrains LS $ 693.52 1 $ 693.52 $ 693.52 55 CCO #2 - Remove Trees LS $ 1,437.50 1 $ 1,437.50 $ 1,437.50 56 CCO#3-Demofor160'C& G LS $ 400.63 1 $ 400.63 $ 400.63 57 CCO #4 - Median Landscaping Changes LS $ 1,000.00 1 $ 1,000.00 $ 1,000.00 Amended Contract Total (w/change orders 1-4) $ 1,181,876.36 Adjusted Quantities Increased Contract Amount (CCO #5) $ 73,691.64 CONTRACT FINAL BALANCE $1,255,568.00 DISCUSSION: This project included the grinding and removal of the top 2.25" of asphalt. Initial coring showed an existing section of 5" of asphalt along the centerline of the street. Once the top layer of asphalt was removed additional failures were apparent and it became clear that the asphalt section varied. After cold milling operations the thin street section in the parking lanes began to deteriorate. In addition to the increase in failed areas was the need to reconstruct three major areas (approximately 2500 square feet) of the street where the concrete improvements adjacent to the street did not match the final elevation of the surrounding pavement. To achieve an adequate street section that addresses traffic load, safety and drainage it became necessary to reconstruct these additional areas resulting in the significant increase in bid items 6 and 7. These increases account for approximately 81% of the total increase due to this change order. Overestimated and underestimated bid quantity take -offs account for the additional 19% increase resulting from this change order. The bid quantity of 1250 tons for Item 16, AC Overlay did not include the approximately 550 tons associated with the installation of the 0.75" thick leveling course, although it was required by the plans and specifications. The bid quantity for sidewalks (colored and non -colored) includes the area associated with the installation of tree wells and driveways that are accounted for under separate line items. Similarly, the bid quantity for curb and gutter incorporated the lengths of curb included in the installation of and cost associated with line item number 15, Install P.C.C. Driveway. Page 3 ;e CONTRACT CHANGE ORDER NO.5 CONTRACT ADJUSTMENT: As a result of this change order the contract price is adjusted as follows: 1. The contract price is increased in the amount of $73,691.64 from the current contract price of $1,181,876.36 to a new contract price of $1,255,568.00. 2. The contract time is unchanged. The contract completion date was previously established as Friday, June 1, 2001. This change order shall be considered full compensation for furnishing and installing the materials, labor, tools and equipment, profit, overhead, and all incidentals for performing the work described above. Geoscene Construction, Inc. will not be entitled to damages or additional payment for delays as described in the 1997 edition of the Standard Specifications for Public Works Construction, Section 6-6.3, for performing the work as described above. RECOMMENDED FOR APPROVAL BY: Michae,YJ. Long, �te Civil sneer APPROVED BY: Ray Samuelson, Owner Geoscene Construction, Inc. 6'A/0 / Date io -/6 -o / Date Burton S. Myers, Director of Public Works/City Engineer Date City of National City Resolution Number Date Page 4 City of National City, C lifornia COUNCIL AGENDA STATEMENT .dEETING DATE November 6, 2001 12 AGENDA ITEM NO. ITEM TITLE RESOLUTION APPROVING CHANGE ORDER NO.3, ACCEPTING THE WORK AND AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE NATIONAL CITY PARKING LOT RESURFACING PROJECT, SPEC. NO. 00-16 PREPARED BY Michael Long DEPARTMENT Engineering EXPLANATION On May 8th, 2001 by Resolution No. 2001-65, the City Council awarded a contract in the amount of $105,814.10 to Nickell Engineering for the National City Parking Lot Resurfacing Project. On August 17th, 2001 a final inspection was completed and the work was found to be in accordance with the approved plans and specifications. The final project cost including all change orders is $129,998.68. This amount is within the approved project funding. The following summarizes the change orders: Change Order Number One was written to increase the quantities of work and decrease the unit cost for bid item number four, "Full Depth Reconstruction". This Council approved change order increased the original contract by $19,210.00 to a new contract price of $125,024.10. Change Order Number Two was written to decrease the quantities of work and increase the unit cost for bid item number seven, "Cold Milling". This change order decreased the amended contract by $1,822.00 to a new contract price of $123,202.10. Change Order Number Three was written to adjust the bid quantities of work to the final quantities of work for each bid item. This final change order increases the contract amount by $6,796.58 to a final contract amount ( of $129,998.68. See the attached contract final balance spreadsheet and change order number five for detailed sfaarles from the bid er:+aatities Environmental Review X N/A Financial Statement The final construction cost is Approved By: $129,998.68. This amount is withi the estimated budget for this project. Funding is avail-.. e hrough ccount No. 301-409-500-598-4017. 1Y' Account No. i 01# STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION N/A Finance Director ATTACHMENTS ( Listed Below ) 1. Resolution 2. Contract Final Balance 3. Contract Change Order No. 3 A-zc®Q9'iel Resolution No. 2001-166 4. Notice of Completion RESOLUTION NO. 2001 - 166 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING CHANGE ORDER NO. 3, ACCEPTING THE WORK AND. AUTHORIZING THE FILING OF A NOTICE OF COMPLETION FOR THE NATIONAL CITY PARKING LOT RESURFACING PROJECT (Engineering Spec. No. 00-16) BE IT RESOLVED by the City Council of the City of National City, California, as follows: It appearing to the satisfaction of the Engineering Department that all work required to be done by NICKELL ENGINEERING, Engineering Department Specification No. 00-16, for the National City Parking Lot Resurfacing Project has been completed, the City Council of National City hereby accepts said work and authorizes the filing of a Notice of Completion and orders that payment for said work be made in accordance with said contract. BE IT FURTHER RESOLVED that Change Orders No. 3 is hereby approved. PASSED and ADOPTED this 6th day of November, 2001. George H. Waters, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney CONTRACT FINAL BALANCE National City Parking Lot Resurfacing Project Specification No. 00-16 Final Inspection: t,../01 Date: 10/8/01 Amended Contact Amount (Change Orders 1 & 2) Quantity Adjustment Increase (+) Decrease (-) Final Contract No. Item Description Unit UnitCost Quantity Amount Quantity Amount Quantity Amount 1 Mobilization LS $ 500.00 1 $ 500.00 0 $ - 1 $ 500.00 2 Traffic Control LS $ 500.00 1 $ 500.00 0 $ - 1 $ 500.00 3 Clearing And Grubbing LS $ 500.00 1 $ 500.00 0 $ - 1 $ 500.00 4 Full Depth Reconstruction SF $ 4.00 10540 $ 42,160.00 929 $ 3,716.00 11469 $ 45,876.00 5 1.5" AC Overlay TN $ 41.00 1,037 $ 42,517.00 23.88 $ 979.08 1060.88 $ 43,496.08 6 Pavement Fabric SY $ 1.10 12,806 $ 14,086.60 0 $ - 12806 $ 14,086.60 7 Cold Milling LF $ 3.06 2800 $ 8,568.00 0 $ - 2800 $ 8,568.00 8 Remove And Replace Cross Gutter SF $ 8.00 336 $ 2,688.00 180.5 $ 1,444.00 516.5 $ 4,132.00 9 Remove and Replace Sidewalk SF $ 7.50 63 $ 472.50 7 $ 52.50 70 $ 525.00 10 Remove and Replace Curb & Gutter LF $ 30.00 - 150 $ 4,485.00 11 $ 330.00 160.5 $ 4,815.00 11 Remove and Replace Curb LF $ 25.00 37 $ 925.00 11 $ 275.00 48 $ 1,200.00 12 Traffic Striping LS $ 5,800.00 1 $ 5,800.00 - .-x.— 0 $ - ,. - 1 $ 5,800.00 s inn nne en Page 1 CONTRACT CHANGE ORDER NO. 3 DATE: 10/23/01 PROJECT: National City Parking Lot Resurfacing Project, Specification No. 00-16 TO: Mr. Gail Nickell Nickell Engineering 2514 Saddlehorn Drive Chula Vista, CA 91914 ORIGINAL DESCRIPTION OF CHANGE: This change order is written to adjust the estimated quantities of work to the actual quantities of • worx compietea ror cacti MU ILCU1. 1iic 1U11U yr ME, u+l/+..' O__v-'" "•a-' -1»---..... _ ,___ Amended Contact Amount (Change Orders 1 & 2) Quantity Adjustment Increase (+)/Decrease (-) Final Contract No. Item Description Unit UnitCost Quantity Amount Quantity Amount Quantity Amount 1 Mobilization LS $ 500.00 1 $ 500.00 0 $ - 1 $ 500.00 2 Traffic Control LS $ 500.00 1 $ • 500.00 0 $ - _ 1 $ 500.00 3 Clearing And Grubbing LS $ 500.00 1 $ 500.00 0 $ - 1 $ 500.00 4 Full Depth Reconstruction SF $ 4.00 10540 $ 42,160.00 929 $ 3,716.00 11469 $ 45,876.00 5 1.5" AC Overlay TN $ 41.00 1,037 $ 42,517.00 23.88 $ 979.08 1060.88 $ 43,496.08 6 Pavement Fabric SY $ 1.10 12,806 $ 14,086.60 0 $ - 12806 $ 14,086.60 7 Cold Milling L LF $ 3.06 2800 $ 8,568.00 0 $ - 2800 $ 8,568.00 8 Remove And Replace Cross Gutter SF $ 8.00 336 $ 2,688.00 180.5 $ 1,444.00 516.5 $ 4,132.00 9 Remove and Replace Sidewalk SF $ 7.50 63 $ 472.50 7 $ 52.50 70 $ 525.00 10 Remove and Replace Curb & Gutter LF $ 30.00 150 $ 4,485.00 11 $ 330.00 160.5 $ 4,815.00 Page 1. CONTRACT CHAN ,L ORDER NO.3 Amended Contact Amount (Change Orders 1 & 2) Quantity Adjustment Increase (+)/Decrease (-) Final Contract No. Item Description Unit UnitCost Quantity Amount Quantity Amount Quantity Amount 11 Remove and Replace Curb LF $ 25.00 37 $ .925.00 11 $ 275.00 48 $ 1,200.00 12 Traffic Striping LS $ 5,800.00 1 $ 5,800.00 0 $ - 1 $ 5,800.00 $ 123,202.10 $ 6,796.58 $ 129,998.68 DISCUSSION: Change Order Number One, approved by City Council on August 7, 2001, increased the quantity of reconstruction needed on this project. As the reconstruction of the failed areas took place adjacent areas deteriorated due to the poor subgrade quality and required replacement. The increased quantity for the removal and replacement of cross gutters and curb and gutter is due to an underestimate of the original quantities that required replacement. CONTRACT ADJUSTMENT: As a result of this change order the contract price is adjusted as follows: 1. The contract price is increased in the amount of $6,796.58 from the current contract price of $123,202.10 to a new contract price of $129,998.68. 2. The contract time is unchanged. The contract completion date was previously established as Monday, August 20, 2001. This change order shall be considered full compensation for furnishing and installing the materials, labor, tools and equipment, profit, overhead, and all incidentals for performing the work described above. Nickell Engineering will not be entitled to damages or additional payment for delays as described in the 1997 edition of the Standard Specifications for Public Works Construction, Section 6-6.3, for performing the work as described above. Page 2 RECOMMENDED FOR APPROVAL BY: MichaeYJ. Long, APPROVED BY: CONTRACT CHANGE ORDER NO.3 /D/ /d ngineer Date /O/Z5/d / Gail Nickell, Owner Date Nickell Engineering Burton S. Myers, Director of Public Works/Engineering Date City of National City Resolution Number Date Page 3 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: NAME: CITY OF NATIONAL CITY ADDRESS: 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 NOTICE OF COMPLETION CALIFORNIA CIVIL CODE SECTION 3093 NOTICE IS HEREBY GIVEN of the completion on October 2, 2001 , of the THE NATIONAL CITY PARKING LOT RESURFACING PROJECT, SPEC NO. 00-16 Work of improvement or portion of work of improvement under construction or alteration. on the premises located at various parking lots throughout the City Street Address City State Zip Code The undersigned owns the following interest or estate in said property: N/A Nature of the interest or estate of owner (mortgagor, lessee, etc.) Said work of improvement was performed on the property pursuant to a contract with NICKELL ENGINEERING Name of Original Contractor The following work and material were supplied: full depth reconstruction and pavement overlays General statement of kind of labor, services, equipment or materials The names and addresses of co -owners are: N/A Joint tenants, tenants in common, or other owners Dated: , 2001; Signature of Owner City of National City, 1243 National City Blvd., National City, CA 91950 I, the undersigned, say: I have read the foregoing Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the forgoing is true and correct. Executed on , 2001, at , California. Signature: GEORGE H. WATERS, MAYOR Noc 004 / STAFF RECOMMENDATION Adopt the Resolution. City of National City, caiifornia COUNCIL AGENDA StATEMENT MEETING DATE November 6, 2001 13 AGENDA ITEM NO. ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF NATIONAL CITY AWARDING A" CONTRACT TO ARCC CONSTRUCTION SERVICES FOR THE REMOVAL AND REPLACEMENT OF THE CITY HALL WINDOWS, SPEC. NO. 01-06 PREPARED BY Din Daneshfar DEPARTMENT Public Works/Engineering EXPLANATION On October 23, 2001, three bids were received and opened for the Removal and Replacement of the City Hall Windows, Specification No. 01-06. The project includes removal and replacement of 57 windows on the 1st and 2nd floors. The new windows will be Series 4790 Retro-Fit or equal, including gray glass, trim package, and caulking. See attached drawings maps for the locations. Staff has reviewed the bid documents and found that the lowest responsive bidder is, qualified to perform the work for the total cost of $26,106. The Bid Opening sheet is attached for further review. The total cost for the work is estimated at $28,716. This amount includes the total Bid proposal of $26,106 plus 10% (2,610) for contingencies. ( Environmental Review X N/A Financial Statement The total estimated project cost Approved Byi to do the work will be $28,716. F nding is available through Account No. 196-409-500-598— ; 2. /I 4 BOARD / COMMISSION RECOMMENDATION N/A Finance Dire Account No. ATTACHMENTS Listed Below 2001-167 Resolution No. 1. Resolution 4. Locations Maps 2. Bid Opening Sheet 3. Bid Result Spreadsheet for the three lowest bidders A-200 (9 99) U Pub RESOLUTION NO. 2001 - 167 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO ARCC CONSTRUCTION SERVICES FOR THE REMOVAL AND REPLACEMENT OF THE CITY HALL WINDOWS (Engineering Spec. No. 01-06) WHEREAS, the Engineering Department of the City of National City did, in open session on October 23, 2001, publicly open, examine and declare all sealed bids for the removal and replacement of the City Hall windows. NOW, THEREFORE, IT IS HEREBY RESOLVED that the City Council of the City of National City hereby awards the contract for the removal and replacement of the City Hall windows to the lowest responsive, responsible bidder, to wit: ARCC CONSTRUCTION SERVICES BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract between ARCC Construction Services and the City of National City for the removal and replacement of the City Hall windows. Said contract is on file in the office of the City Clerk. PASSED and ADOYI'EI) this 6th day of November, 2001. George H. Waters, Mayor ATTEST: Michael Dalla, City Clerk • APPROVED AS TO FORM: George H. Eiser, III City Attorney BID OPENING SPECIFICATION NUMBER: 01-06 PROJECT TITLE: REMOVAL AND REPLACEMENT OF THE CITY HALL WINDOWS OPENING DATE: TUESDAY, OCTOBER 23, 2001 TIME: 3:00 P.M. ESTIMATE: $30,000.00 PROJECT ENGINEER: DIN DANESHFAR NO. BIDDER'S NAME (PAGE 12 OR 13) BID AMOUNT (PAGE 14) ADDITIVE BID (PAGE N/A) ADDENDA (PAGE 12) BID SECURITY (PAGE 17-CHECK) (PAGE 18-BOND) 1. ARCC Construction Sew. 4010 Hicock Street San Diego, CA 92110 $26,106.00 N/A YES YES 2. Helix Door System 7955 Silverton Avenue, #1207 San Diego, Ca 92126 $29,640.00 N/A YES YES 3. Healey Construction Co. 1545 Tidelands Avenue National City, CA 91950 $45,106.08 N/A YES YES 1 IBID CHECK LIST SPECIFICATION NO. 01-06 REMOVAL AND REPLACEMENT OF THE CITY HALL WINDOWS FY 2001-2002 DATE: TUESDAY, OCTOBER 23, 2001 TIME: 3:00 P.M. NAME OF BIDDER ARCC CONSTRUCTION HELIX DOOR SYSTEMS HEALEY CONST. QUANTITY UNIT UNIT AMOUNT IJNIT AMOUNT AMOUNT NO. ITEM PRICE PRICE PRICEUNIT $ 713.12 $ 17,828.00 EXISTING WINDOWS 25 EA $458.00 $11,450.00 $ 520.00 $ 13,000.00 $ 27,278.08 1 REMOVE WITH RETRO-FIT AND REPLACE FRAMES INCLUDING OR EQUAL GLASS AND CAULKING GRAY 1ST FLOOR OF THE ON THE HALL BUILDING CITY $ 852.44 EXISTING WINDOWS 32 EA $ 458.00 $14,656.00 $ 520.00 $ 16,640.00 2 REMOVE REPLACE WITH RETRO-FIT AND OR EQUAL FRAMES INCLUDING GLASS AND CAULKING GRAY CITY HALL BUILDING $ 45,106.08 $26,106.00 29,640.00 TOTAL BID: EXHIBIT A NATIONAL CITY -CITY HALL REMOVAL AND REPLACEMENT OF WINDOWS SPECIFICATION NO. 01-06 ❑N❑N❑N❑N❑N❑N❑N❑N❑ ❑®❑N❑N❑ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ❑ N❑ N❑ N❑ N❑ N❑ N❑ R❑ N❑ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ❑ N ❑ N ❑ 18 19 20 21 22 WEST VIEW NOT TO SCALE LEGEND: (20) Remove and replace windows 8 (1) Existing windows (Replaced recently) Existing windows not to be disturbed, (Frame Size 31 1/2' x 55 1/2' Typical) 1S11 FLOOR ding and Safety Department 12-17 City Clerk's Office 18-22 Engineering Department 2ND FLOOR 1ST Fl,44R 1 Window number (typical) 2ND FLOOR 1-5 City Manager's Office 1 16 CCityy Manager er Secretary's Office 's Office 17 Lobby 18-24 Mayor's Office EXHIBIT D NATIONAL CITY -CITY HALL REMOVAL AND REPLACEMENT OF WINDOWS REMOVAL AND SPECIFICATION NO. 01-06 NORTH VIEW NOT TO SCALE LEGEND: (8) Remove and replace windows E(3) Existing windows (Replaced recently) Exit windows not to be disturbed, (Frame Size 31 1/2' x 55 1/2' Typical) 0 WinaJai number (typical) 2ND FLOOR 1ST FLOOR 2ND FLOOR 1-3 City Attorney's Office s Office 4-5 Assistant City Attorney' 6-7 Assistant City Manager's Office 8-12 City Manager's Office 1ST FLOOR 1-6 Planning Department 7-9 Building and Safety Dep„rtment 1 City of National City, California COUNCIL AGENDA STATEMENT .AEETING DATE November 6, 2001 14 AGENDA ITEM NO. ITEM TITLE A RESOLUTION OF THE CITY COUNCIL OF NATIONAL CITY AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE COUNTY OF SAN DIEGO FOR FUNDING OF THE MONITORING FEE AS REQUIRED BY RWQCB ORDER 2001-01 (NPDES PERMIT FOR 2001-02) PREPARED BY Din Daneshfar DEPARTMENT Engineering EXPLANATION SEE ATTACHED Environmental Review X N/A Financial Statement The funds for the monitoring program budgeted in Account N61 001-422-000-299. Approved By: Finance Dire., or Account No. STAFF RECOMMENDATI Adopt the Resolutio •!thorizir the Ma .r to enter into an agreement with the County of San Diego, as Principal Permittee, for conducting - joint storm water monitoring program for an estimated not -to -exceed cost of $18,827.00. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2. Agreement 3. Exhibit "A" and "B" Resolution 2001-168 No. A-200 (9:99) storm EXPLANATION: In compliance with the National Pollutant Discharge Elimination System (NPDES) Permit (Order No. 2001-01) the City of National City is required to monitor wet weather storm water run off as regulated by the Federal Environmental Protection Agency (EPA). The San Diego County Co-permittees have been using a jointly developed monitoring program that is in compliance with the EPA regulations and is acceptable to the San Diego Regional Water Quality Control Board. The County was unanimously selected as the Principal Permittee under the new RWACB Order; the City of San Diego was the Principal Permittee under the prior Order. Part of the role of the Principal is to administer the wet weather monitoring contract. The City of San Diego awarded the contract to MEC Analytical Systems, Inc. in November 2000, following a formal bidding process. The County is preparing a contract with MEC to assume their new responsibilities as the Principal. This year, the total cost of the monitoring program is proposed to be $1,058,155.00 (not to exceed) for the entire County. The City of National City's share of this cost is $18,650.00. The cost share formula has also been used to pay for the State Water Resources Control Board permit fee of $10,000.00 for all twenty (20) co-permittees. Therefore, the City of National City's share of this fee is $177.00, making a total cost share at $18,827.00. The attached agreement enables the County to invoice the City of National City for its share of costs for the contract. Those agencies that do not want to participate in the joint monitoring program may end up paying substantially more for the storm water monitoring requirements. RESOLUTION NO. 2001— 168 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE CITY OF SAN DIEGO FOR FUNDING OF THE FEDERALLY MANDATED STORM WATER MONITORING PROGRAM (2001-2002) WHEREAS, in compliance with the National Pollutant Discharge Elimination System (NPDES) Program, the City of National City is required to monitor wet weather storm water run off as required by the Federal Environmental Protection Agency; and WHEREAS, the County of San Diego, the incorporated cities of San Diego County, and the San Diego Unified Port District, referred to as "co-permittees", have been using a jointly developed monitoring program that is in compliance with the EPA regulations and is acceptable to the California Regional Water Quality Control Board. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute an Agreement with the City of San Diego for funding of the federally mandated Storm Water Monitoring Program (2001- 2002). Said agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 6th day of November, 2001. George H. Waters, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: (,/ )at;i George H. Eiser, III City Attorney AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO AND THE SAN DIEGO COUNTY CO-PERMITTEES FOR COST SHARING FOR PROFESSIONAL SERVICES AND PERMIT FEES AND PERMIT FEES This Agreement entered into by the County of San Diego (herein called "County"), the San Diego Unified Port District (herein called "Port") and the incorporated cities of San Diego, Carlsbad, Chula Vista, Coronado, Escondido, Imperial Beach, La Mesa, San Marcos, Del Mar, El Cajon, Encinitas, Lemon Grove, National City, Oceanside, Poway, Santee, Solana Beach and Vista (herein called "Cities"), all parties to this Agreement collectively referred to as Co- permittees, establishes the responsibilities of each party to pay its share of the cost of professional services rendered by MEC Analytical Systems, Inc. RECITALS A. WHEREAS, the City of San Diego has entered into a contract for professional services with MEC Analytical Systems, Inc. for "as needed" wet weather monitoring services dated November 29, 2000 (the "MEC contract" or "MEC I"); and B. WHEREAS, pursuant to the MEC contract, the City of San Diego will pay for monitoring services which will benefit all the Co-permittees during the period prior to the County's contract; and C. WHEREAS, the County as Principal Co-permittee, intends to enter into a subsequent contract with MEC ("MEC 11") for additional monitoring services; and D. WHEREAS, the County is contracting with MEC based upon the assurances of all the Co-permittees that they will pay their fair share of the cost of said contract. E. WHEREAS, the County will be billed $10,000 by the State for the State's Waste Discharge Requirement ("WDR") permit; and F. WHEREAS, all of the Co-permittees agree to share the costs of the WDR permit and of all MEC wet weather -monitoring work for 2001-2002, whether done under MEC I or MEC II. NOW THEREFORE, IT IS HEREBY AGREED, as follows: 1. RECITALS The parties agree that the above -recitals are true and correct and are hereby incorporated into this agreement. 2. MEC II The County agrees to enter into a contract with MEC (MEC II) for wet weather monitoring for a period of one year with a not to exceed cost of $1,058,155.00. 3. COST SHARING The Co-permittees agree to divide the cost of the MEC I and II and the WDR permit according to the following cost allocation formula: a. Ten percent (10%) of the costs shall be divided equally among all Co-permittees. - - b. Forty-five percent (45%) of the costs shall be divided based on population. Population -based costs shall be divided among all Co=permittees as follows: (1) The percentage of Population Share Costs for which each Co-permittee is responsible shall be calculated by dividing its total population by the combined total population of all participating Co-permittees within the geographic area applicable to the shared program or activity. These percentages shall be calculated using the "Household" population figures of the San Diego Association of Governments (SANDAG) 2000 "Population and Housing Estimates" or later data as formally updated or amended by SANDAG. (2) The County's population for Regional Programs shall be the entire population of the unincorporated County. The County acknowledges that this will be a greater total population than that which would otherwise be included within the geographic areas described in Section 3c(3) below. (3) The Port's population shall be based on the most recent available estimate of the number of persons whose primary place of residence is aboard a vessel within San Diego Bay (e.g., marinas, moorings, etc.). These numbers shall be based on estimates provided by the Harbor Police. 2 c. Forty-five percent (45%) of the cost shall be based on urbanized land area to be divided among all participating Co- permittees, as follows: (1) The percentage of land area costs for which each Co- permittee is responsible shall be calculated by dividing its total urbanized land area by the combined total urbanized land area of all participating Co-permittees within the geographic area applicable to the shared program or activity. (2) These totals shall be calculated from the following categories using the most recently available SANDAG land use -statistics. (3) The total urbanized land area for the County shall include those urbanized lands in the unincorporated portion of the County that are west of the County Water Authority (CWA) service area boundary as it exists on the date of this Agreement or as formally amended by the CWA, plus land areas east of this line but draining toward the ocean that are served by a public water supply authority on the date of this Agreement (i.e., parts of Julian, Descanso, and Jamul/Dulzura. (4) The urbanized land area for the Port shall include those urbanized lands within Port District boundaries. These totals shall be subtracted from the urbanized land areas of each of the respective Port member cities (San Diego, Coronado, National City, Imperial Beach and Chula Vista). 4. PAYMENT Each Co-permittee shall pay its respective share as set forth in Exhibits "A" and "B" for one year's payment within thirty (30) days of execution of this Agreement. If at the end of the contract year ending on June 30 of each calendar year there is a surplus, said surplus shall constitute a credit toward any payment due pursuant to a superceding contract or if there is none, shall be refunded proportionately pursuant to Exhibit "A." 3 The City of San Diego's costs with MEC I, referenced herein, shall be shared by all Co-permittees using the same percentages set forth in Exhibit ttA21 5. SEVERABILITY If any provision or provisions of the contract shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby unless the primary purpose of the agreement cannot be accomplished without the void provision. 6. WAIVER No term or provision hereof -shall be deemed waived and no breach excused unless such waiver or consent shall be in writing and signed by the party to have waived or consented. Any consent by any party to or waiver of a breach by the other whether expressed or implied shall not constitute a consent to waiver of or excuse for any other different or subsequent breach. 7. ENTIRE AGREEMENT This Agreement constitutes the entire Agreement between the parties with respect to the subject matter. All prior agreements, representations, statements, negotiations and undertakings are superceded hereby. 8. TERM The term of this Agreement shall run from execution to December 31, 2002 unless superceded by a subsequent agreement between the Co-permittees. 9. COUNTERPARTS This Agreement may be executed in several counterparts, each of which shall be an original, all of which shall constitute but one and the same instrument. 10. DISPUTE RESOLUTION PROCEDURE 4 e p Should a dispute arise among any of the parties regarding any matter related to this agreement, the parties agree to first meet and confer in good faith to attempt to resolve the dispute. If that fails to resolve the dispute, they will submit the matter to mediation. If mediation fails to resolve the dispute, they shall submit it to binding arbitration. If they cannot agree on a single arbitrator, they shall each select one arbitrator and the two arbitrators shall select a third arbitrator. The matter shall then be decided by a panel of three arbitrators by a majority vote. The arbitrator shall be authorized to award costs and reasonable attorneys' fees arising from participation in this dispute resolution procedure to the prevailing party. IN WITNESS THEREOF, this Agreement is executed as follows: Date: Date: Date: Date: Date: Date: Date: Date: County of San Diego, Co-permittee San Diego Unified Port District, Co-permittee City of San Diego, Co-permittee City of Carlsbad, Co-permittee City of Chula Vista, Co-permittee City of Coronado, Co-permittee City of Escondido, Co-pennittee 5 Date: Date: Date: Date: Date: Date: Date: Date: Date: Date: Date: City of Imperial Beach, Co-permittee City of La Mesa, Co-permittee City of San Marcos, Co-permittee City of Del Mar, Co-permittee City of El Cajon, Co-permittee City of Encinitas, Co-permittee City of Lemon Grove, Co-permittee City of National City, Co-permittee City of Oceanside, Co-permittee City of Poway, Co-permittee City of Santee, Co-permittee City of Solana Beach, Co-permittee Copermittee Carlsbad Chula Vista Coronado Del Mar El Ca/on Encinitas Escondido Imperial Beach .. ha.Mesa Lemon Grove National City Oceanside Poway San Diego San Marcos Santee Solana Beach Vista Unincorporated Port District Exhibit A RECEIVING WATERS MONITORING PROGRAM COST SHARE As Approved by Copermittees on 9/20/01 2000 Population 78,247 2.78% $13,235.5642049 313,238 173,556 6.17% $29,357.1840599 $29,357 24,100 0.86% $4,076.5409196 $4,077 4,389 0.16% $742.4040704 $742 94,869 3.37% $16,047.1933819 $16,047 58,014 2.06% $9,813.1304942 $9,813 133,559 4.74% $22,591.6484930 $22,592 26,992 0.96% $4,565.7258300 $4,588 54,749 1.94% $9,260.8522327 $9,261 24,918 0.89% $4,214.9064994 $4,215 54,260 1.93% $9,178.1373568 $9,178 161,029 5.72% $27,238.2285371 $27,238 48,044 1.71% $8,126.6942714 $8,127 1,223,400 43.46% $206,939.4257699 5206,939 54,977 1.95% $9,299.4186779 $9,299 52,975 1.88% $8,960.7782247 $8,961 12,979 0.46% $2,195.4118089 $2,195 89,857 3.19% $15,199.4081914 $15,199 442,919 15.73% $74,920.2252105 $74,920 1,223 0.0434% $206.8717653 $207 TOTALS 2,815,056 100.00% 5478,169.7500000 5478,169 % of Total Population Fee Urbanized Land Area (Acres) 9,733 12,932 1,584 858 8,155 6,842 12,957 1,750 5,133 2,235 3,773 14,745 8,835 98,343 8,616 4,915 2,077 9,562 216,183 2,470 429,877 % of Total Urbanized Land Area Fee 2.27% 3.01 % 0.37% 0.20% 1.90% 1.69% 3.02% 0.41% 1.19% 0.52% 0.88% 3.43% $10,786.1515868 $14,331.0752173 $1,765.2846500 $950.8392131 $9,037.4053417 $7,582.3332125 $14,359.0019635 $1,939.2465490 $5,688.4122157 $2,476.8364118 $4,180.8112089 $18,340.4710929 2.06% $9,790.9842052 22.89% $108,983.7942727 $7,331.8790608 85,446.8238976 $2,301.7401465 $10,596.6486687 1.54% 1.14% 0.48% 2.23% 50.31% $239,552.7468878 0.5749% $2,737.2644015 $478,189.7500000 100% $10,788 , $14,331 $1,755 $951 $9,037 $7,582 $14,359 $1,939 $5,686 $2,477 $4,191 $16,341 $9,791 8106,994 $7,332 $6,447 $2,302 $10,597 $239,553 $2,737 $476,170 Equal Division 10% Equal Division Fee $5,291 $5,291 $6,291 $5,291 $5,291 $5,291 $5,291 $5,291 $5,291 $5,291 $5,291 $5,291 $5,291 $5,291 $5,291 $5,291 $5,291 $5,291 $5,291 $5,291 $105,816 $1,058,166.0000000 Total Invoiced $1,058,155 $29,312.4907917 2.77% 4.63% $48,979.0342773 $11,122.8006696 1.05% 0.66% $6,984.0182826 $30,375.3737235 2.87% $22,886.2387067 2.14% $42,241A254666 3.99% $11,796.7473790 1.11% $20,240.0394484 1.91% $11,982.6170112 1.13% 818,649.7286636 1.76% 948,8119.4746300 4.62% $23,208.4834767 2.19% $321,213.8950425 30.36% 221,922.0727387 2.07% 219 698.3769224 1.86% $9 787.9209E54 0.92% $31,086.8318581 2.94% 2319,763.7470684 30.22% 68,284.9111668 0.78% 100.0% $48,979 $11,123 $8,884 $30,375 $22,688 $42,242 $11,786 $20,240 $11,983 $18,650 $48,870 $23,209 $321,214 $21,822 $19,699 $9,788 $31,087 $318,764 : " $8,269' $1,059,155 Exhibit B MUNICIPAL STORMWATER PERMIT FEE COST SHARE Permit Period: 7/01/01 to 6/30/02 Total Invoiced $10,000 Share of Total % of Total $277 2.77% $463 4.63% $105 1.05% $66 0.66% $287 2.87% $214 2.14% $399 3.99% $111 1.11% $191 1.91% $113 1.13% $176 1.76% $462 4.62% $219 2.19% $3,038 30.36% $207 2.07% $186 1.88% $92 0.92% $294 2.84% $3,022 30.22% $78 0.78% Copermittee Population 45% I Carlsbad Chula Vista Coronado Del Mar El Cajon Encinitas Escondido 'Imperial Beach La Mesa Lemon Grove National City Oceanside Poway San Diego San Marcos Santee Solana Beach Vista Unincorporated Port District 2000 Population % of Total Population Fee 78,247 2.78% $125.0815259 $277.4374648 173,556 8.17% 24,100 0.86% $38.5249885 $7.0180238 4,389 0.18% 94,889 3.37% $151.6525781 $92.7381198 58,014 2.06% 133,559 4.74% $213.5003709 $43.1479871 28,992 0.96% 54,749 1.94% $87.5188629 24,918 0.89% $39.8326001 $86.7371733 54,280 1.93% 181,029 5.72% $257.4124636 48,044 1.71 % $76.8006038 $1,955.6826937 1,223,400 43.46% 54,977 1,95% $87.8833316 52,975 1.88% $84.6830401 $20.7475446 12,979 0.48% 89,857 3.19% $143.6408594 $708.0289451 442,919 15,73% . 1,223 0.0434% $1.9550233 TOTALS .VVN y,l,Vvv. $125 $277 $38 $7 $152 $93 $213 $43 $87 $40 $87 $257 $77 $1,956 $88 $85 $21 $144 $708 $2 $4,500 Urbanized Land Area 45% Urbanized Land Area (Acres) % of Total Urbanized Land Area Fee 9,733 2.27% $101.9335692 12,932 3.01% $135.4345558 1,584 0.37% $16.5881619 858 0.20% $8.9858217 8,155 1.80% $85.4071978 8,842 1.59% . $71.6581877 12,957 3.02% $135.6984748 1,750 0,41% $18.3266776 5,133 1.19% $53.7578352 2,235 0.52% $23.4071229 3,773 0.88% $39.5103856 14,745 3.43% $154.4241731 8,835 2.06% $92.5288281 98,343 22.89% $1,029.9418841 8,616 1,54% $69.2892729 4,915 1.14% $51.4747244 2,077 0.48% $21.7523912 9,562 2.23% $100.1428886 216,183 50.31% $2,263.8719931 2,470 0.5749% $25.8882745 429,677 10 $102 $135 $17 $8 $85 $72 $136 $18 $54 $23 $40 $154 $93 $1,030 $69 $51 $22 $100 $2,284 $26 $4,500 Equal Division 10% Equal Division Fee $50 $50 $50 $50 $50 $50 $50 $50 $50 $50 $50 $50 $50 $50 $50 $50 $50 $50 $50 $50 $1,000 $10,000 $277 $462 $105 $66 $287 $215 $399 $111 $191 $113 $177 $461 $220 $3,036 $207 $186 ` $93.' $294 $3,022 $78 $10,000 City of National City, galifornia COUNCIL AGENDA STATEMENT 1EETING DATE November 06, 2001 AGENDA ITEM NO. 15 ITEM TITLE WARRANT REGISTER #16 PREPARED BY C. Palazo EXPLANATION DEPARTMENT Finance Ratification of Warrant Register #16 per Government Section Code 37208. CEnvironmental Review N/A Financial Statement Approved By: Not applicable. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $1,276,224.82. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) 1. Warrant Register #16 2. Workers Comp Warrant Register dated 10/10/01 3. Payroll Warrant Register dated 10/10/01 A-200 (9,99) Resolution No. City of National City, catifornia COUNCIL AGENDA STATEMENT ;4EETING DATE November 06, 2001 16 AGENDA ITEM NO. ITEM TITLE WARRANT REGISTER #17 PREPARED BY C. Palazo EXPLANATION DEPARTMENT Finance Ratification of Warrant Register #17 per Government Section Code 37208. Environmental Review N/A Financial Statement Not applicable. Approved By/I Finance rdector Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $104, BOARD / COMMISSION RE f • MMENDAT ON ATTACHMENTS ( Listed Below ) 1. Warrant Register #17 2. Workers Comp Warrant Register dated 10/17/01 Resolution No. A-200 (9:99) City of National City, qalifornia COUNCIL AGENDA STATEMENT ;.iEETING DATE November 06, 2001 17 AGENDA ITEM NO. ITEM TITLE WARRANT REGISTER #18 PREPARED BY C. Palazo EXPLANATION DEPARTMENT Finance Ratification of Warrant Register #18 per Government Section Code 37208. CEnvironmental Review N/A Financial Statement Not applicable. Approved By: Finance Director Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $842,623.02. 74/114) BOARD / COMMISSIOy RECOMMENDATION ATTACHMENTS ( Listed Below 1. Warrant Register#18 2. Workers Comp Warrant Register dated 10/24/01 3 Payroll Warrant Register dated 10/24/01 Resolution No. A-200 (9;99) City of National City, C+atifornia COUNCIL AGENDA STATEMENT .AEETING DATE November 6, 2001 AGENDA ITEM NO. 18 ITEM TITLE DISCLOSURE OF PROPERTY INTERESTS LOCATED WITHIN REDEVELOPMENT PROJECT AREA; COUNCILWOMAN ZARATE PREPARED BY EXPLANATION George H. Eiser, m4)42 DEPARTMENT City Attorney Attached is a Disclosure of Property Interests Located Within Redevelopment Project Area signed by Councilwoman Rosalie G. Zarate. Section 33130 of the Health and Safety Code (the Community Redevelopment Law) requires that such a statement be entered on the minutes of the redevelopment agency and of the legislative body (the City Council). The requirements of Section 33130 are in addition to the disclosure requirements of the Political Reform Act. Environmental Review N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION That the disclosure be entered on the minutes of the City Council at their meeting of November 6, 2001 BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Disclosure letter from Councilwoman Zarate. 2. City Attorney's memorandum regarding same subject. Resolution No. A-200 (9;99) 4.41411.7. City of National City �. Office of the City Attorney 1243 National City Boulevard, National City, CA 91950-4301 George H. Eiser, III • City Attorney (619) 336-4220 Fax (619) 336-4327 TDD (619) 336-1615 TO: City Manager DATE: October 25, 2001 FROM: City Attorney SUBJECT: Disclosure of Property Interests Located Within Redevelopment Project Area; Councilwoman Rosalie G. Zarate - Attached is a Disclosure of Property Interests Located within Redevelopment Project Area signed by Councilwoman Rosalie G. Zarate. Section 33130 of the Health and Safety Code (the Community Redevelopment Law), requires that such a statement be entered on the minutes of the redevelopment agency and of the legislative body (the City Council). The requirements of Section 33130 are in addition to the disclosure requirements of the Political Reform Act. It is requested that this disclosure be entered on the minutes of the City Council at their meeting of November 6, 2001. GEORGE H. EISER, III City Attorney GHE/gmo cc: Councilwoman Rosalie G. Zarate ® Recycled Paper 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: City Manager DATE: October 25, 2001 FROM: Councilwoman 7arate SUBJECT: Disclosure of Property Interests Located Within Redevelopment Project Area Pursuant to Section 33130 of the Health and Safety Code, please enter into the minutes of the November 6, 2001 City Council meeting the fact that I own or have direct or indirect financial interests in the following properties located within the National City redevelopment project area: 1730 East 12th Street National City, CA 92050 LW G. ZARA Councilwoman ® Recycled Paper .IEETING DATE Nov. 6, 2001 City of National City, Oalifornia COUNCIL AGENDA STATEMENT *Refer to Item #25 AGENDA ITEM NO. 19 ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY DEMAND THE ACQUISITION, CONSTRUCTION AND COMPLETION OF CERTAIN MUNICIPAL IMPROVEMENTS AND THEIR FINANCING THROUGH THE ISSUANCE OF GENERAL OBLIGATION BPREPARED BY DEPARTMENT Anne Campbell Library EXPLANATION On September 4, 2001, the City Council took action to move forward with planning a new library building for National City. The Council directed staff to prepare documents to place a General Obligation Bond measure on the March 5, 2002 ballot. The $6,000,000 General Obligation Bond will provide the funds for the local match needed to apply for funding from the California Reading and Literacy Improvement and Public Library Construction and Renovation Act of 2000 (Proposition 14). The State would provide 65% of the cost of the library project, with the local general obligation bond providing the 35% match. With advice from the City Clerk, City Attorney and Bond Counsel the attached resolution must be adopted to initiate the election. Following the adoption of this resolution, there will be two additional resolutions and an ordinance for the Council to consider on this agenda. The ordinance pertains to the calling of the election, and to the particulars of the election, including the question to be placed before the voters. The two resolutions_ authorize the retention of bond counsel and of a fmancial advisor. Additional resolutions, which will appear on the November 20, 2001 Council agenda, all pertain to the election logistics and the ballot pamphlet. The additional resolutions would: request the County Board of Supervisors to consolidate this special election with the County general election scheduled for March 5, 2002; consider regulations pertaining to the arguments for and against; consider authorizing Council members to sign the ballot argument; direct the City Attorney to write an impartial analysis. These actions must take place prior to December 6, 2002, when the measure must be placed before the County Registrar of Voters. In addition, the California Election Code requires the ballot statement to include information regarding the fiscal impact of the bond measure. This information is being compiled and will be included in the ballot pamphlet, signed by the City eastuer, with your approval. CEnvironmental Review X N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Approve resolution BOARD / COMMISSION RECOMMENDATION Library Board of Trustees approved new library plan ATTACHMENTS ( Listed Below ) Resolution Resolution No. 2001-169 A-200 (9'99) RESOLUTION NO. 2001 - 169 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY DEMAND THE ACQUISITION, CONSTRUCTION AND COMPLETION OF CERTAIN MUNICIPAL IMPROVEMENTS AND THEIR FINANCING THROUGH THE ISSUANCE OF GENERAL OBLIGATION BONDS WHEREAS, the City of National City (the "City") is authorized to issue general obligation bonds to finance municipal improvements pursuant to the provisions of Article 1, commencing with Section 43600, of Chapter 4 of Division 4 of Title 4 of the California Government Code (the "Act"); and WHEREAS, the City intends to issue general obligation bonds under and pursuant to the Act to finance a portion of the costs of acquiring and constructing of a new City library (the "Improvements"); and WHEREAS, in order to initiate proceedings under the Act to provide for the financing of the Improvements, this Council must make certain findings and determinations. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City, California, does hereby resolve, declare, determine and order as follows: SECTION 1. The public interest and necessity demand, and it is the intention of this Council to require the acquisition, construction and completion of the Improvements, and to issue general obligation bonds of the City to finance, the "local" portion of the cost thereof, subject to completion of the proceedings required by the Act, with the remainder of the costs of the Improvements to be paid for from funds given to the City by the State of California. SECTION 2. This Council hereby fmds and determines that the estimated costs of the Improvements will require an expenditure by the City greater than the amount allowed for it by the annual tax levy of the City. The principal amount of general obligation bonds of the City to be issued for the Improvements will not exceed the estimated cost for the City's portion of the Improvements, to be determined prior to the adoption of the ordinance calling the election. SECTION 3. This resolution is adopted, and general obligation bonds of the City are to be issued, pursuant to the Act. — Signature Page to Follow — Resolution No. 2001- 169 November 6, 2001 Page Two PASSED and ADOPTED this 6th day of November, 2001. George H. Waters, Mayor ATTEST: Michael Dalia, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT November 6, 2001 AGENDA ITEM NO. 20 ITEM TITLE RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR BOND COUNSEL SERVICES WITH JONES HALL PREPARED BY George H. Eiser, III EXPLANATION EPARTMENT City Attorney It is necessary to retain the services of bond counsel in connection with the proposed issuance of general obligation bonds for a new City library. It is recommended that the law firm of Jones Hall be retained to provide these services. This firm has provided these services for the City in the past. Environmental Review X N/A ♦ Financial Statement Approved By: Finance Director Bond counsel would receive a flat fee of $25,000, plus reimbursement of direct costs, contingent upon successful issuance of the bonds. Account No. STAFF RECOMMENDATION Adopt resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution Agreement of Bond Counsel Services Resolution No. 2001-170 A-200 (9:99) RESOLUTION NO. 2001 - 170 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR BOND COUNSEL SERVICES WITH JONES HALL WHEREAS, the City of National City (the "City) is authorized to issue general obligation bonds to finance municipal improvements pursuant to the provisions of Article 1, commencing with Section 43600, of Chapter 4 of Division 4 of Title 4 of the California Government Code (the "Act"); and WHEREAS, the City intends to issue general obligation bonds under and pursuant to the Act to finance a portion of the costs of acquiring and constructing of a new City library (the "Improvements"); and WHEREAS, in connection with such proceedings the City requires the advice and assistance of bond counsel, and Jones Hall, a Professional Law Corporation, a firm that has represented the City as bond counsel on past financings, is willing to provide such services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City, California, does hereby resolve, declare, determine and order as follows: SECTION 1. Jones Hall, a Professional Law Corporation, San Francisco, California ("Jones Hall"), is hereby appointed to serve the City as bond counsel on its general obligation bond issue, and the Mayor is hereby authorized and directed to execute that certain Agreement for Legal Services, between the City and Jones Hall, a copy of which is on file with the City Clerk. SECTION 2. This resolution is shall become effective upon adoption. PASSED and ADOPTED this 6t day of November, 2001. George H. Waters, Mayor ATTEST: APPROVED AS TO FORM: Michael Dalla, City Clerk George H. Eiser, III City Attorney Jones Hall, a professional law corporation attorneys at law AGREEMENT FOR BOND COUNSEL SERVICES (General Obligation Bonds) THIS AGREEMENT FOR BOND COUNSEL SERVICES is entered into thisday of 2001, by and between the CITY OF NATIONAL CITY (the "City") and JONES HALL, A PROFESSIONAL LAW CORPORATION, San Francisco, California ("Attorneys"); WITNESSETH: WHEREAS, the City Council has determined at this time to undertake proceedings for the submission to the voters of the City the proposition of whether general obligation bonds in the principal amount of $5,000,000 (the "Bonds") should be issued to finance a portion of the costs of acquiring and constructing a new City library; and WHEREAS, in connection with such proceedings the City requires the advice and assistance of bond counsel, and Attorneys are willing to provide such services; NOW, THEREFORE, THE PARTIES HERETO MUTUALLY AGREE AS FOLLOWS: Section 1. Duties of Attorneys. Attorneys shall do, carry out and perform all of the following services as are necessary for the issuance of the Bonds: (a) Consultation and cooperation with the City's financial advisor and other consultants, underwriters, staff and employees of the City, and assisting such consultants, underwriters, staff and employees in the formulation of a coordinated financial and legal Bond issuance, including consultation in the preparation of the proceedings for the issuance of the Bonds and the preparation of anysuch proceedings required to be adopted by the City Council of the City. (b) Preparation of all legal proceedings for the authorization, issuance and delivery of Bonds by the City; including preparation of the resolution determining the necessity of calling the election and issuing the bonds, the ordinance calling the election, the resolution or indenture of trust authorizing the issuance of such Bonds, fixing the date, denominations, numbers, maturity and interest rates, providing the form of the Bonds and authorizing their execution, authentication and registration; certifying the terms and conditions upon which the same are to be issued; providing for the setting up of special funds for the disposition of proceeds of the sale of the Bonds, and such other funds as may be advisable, and providing all other details in connection therewith, including special covenants and clauses for the protection of the interests of the Bondowners; preparation of the resolution selling all or any part of the authorized Bond issue; preparation of all documents required for Bond delivery and supervising such delivery; preparation of all other proceedings incidental to or in connection with the issuance, sale and delivery of the Bonds. (c) Application for any Internal Revenue Service or other rulings necessary to assure tax-exempt status of the Bonds, or as required by the purchasers of the Bonds. (d) Upon completion of proceedings to the satisfaction of Attorneys, providing a legal opinion approving in all regards the legality of all proceedings for the authorization, issuance and delivery of Bonds; and stating that interest on the Bonds is excluded from gross income for purposes of federal income taxes and that interest on the Bonds is exempt from state personal income taxation, which opinion shall inure to the benefit of the purchasers of the Bonds. (e) Any and all legal consultation requested by the City concerning the Bonds at any time after delivery of the Bonds. (f) Such other and further services as are normally performed by bond counsel in connection with the issuance of general obligation bonds. (g) Attorneys will not be responsible for the preparation or content of the official statement prepared by the financial consultant other than to examine said official statement as concerns description of Bonds and matters within Attorneys' knowledge. Section 2. Compensation. For the services of Attorneys listed in subsections (a) through (g), inclusive, of Section 1, the City will pay Attorneys a flat fee for the issue of the Bonds equal to $25,000, which shall compensate Attorneys for all work done leading up to the election, as well as legal work done for the issuance and sale of the Bonds. In addition, the City shall pay to Attorneys all direct out-of-pocket expenses for travel, publication, messenger and delivery service, photocopying, closing costs and expenses and expenses for other services incurred in connection with the services rendered by Attorneys' duties hereunder. Payment of said fees and expenses shall be entirely contingent upon the successful issuance of the Bonds by the City, and shall be due and payable upon the issuance of the Bonds. Section 3. Responsibilities of the City. The City shall cooperate with Attorneys and shall furnish Attorneys with certified copies of all proceedings taken by the City, or other documents deemed necessary by Attorneys to render an opinion upon the validity of such proceedings. All costs and expenses incurred incidental to the actual issuance and delivery of Bonds, including the cost and expense of preparing certified copies of proceedings required by Attorneys in connection with the issuance of the Bonds, the cost of preparing the Bonds for execution and delivery, all printing costs and publication costs, and any other expenses incurred in connection with the issuance of Bonds, shall be paid from Bond proceeds. Section 4. Exceptions. This Agreement does not cover any services rendered in connection with any litigation involving the City or the financing proceedings relating to the Bonds. For such services which Attorneys are directed to render for and on behalf of the City, compensation shall be on the basis of reasonable fees to be agreed upon by the City and Attorneys. Section 5. Termination of Agreement. This Agreement for Bond Counsel Services may be terminated by the City at any time by giving written notice to Attorneys with or without cause. In the event of termination, all finished and unfinished documents, exhibits, project data, reports, and evidence shall, at the option of City, becomes its property and shall be delivered to it by Attorneys. Section 6. Professional Liability Insurance. Attorneys shall procure and maintain professional liability insurance with coverage in an amount at least equal to $1,000,000. IN WITNESS WHEREOF, the City and Attorneys have executed this Agreement for Bond Counsel Services as of the date first above written. CITY OF NATIONAL CITY -2- By Mayor JONES HALL, A PROFESSIONAL LAW CORPORATION By Vice President -3- City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE November 6, 2001 AGENDA ITEM NO. 21 ITEM TITLE RESOLUTION OF THE CITY COUNCIL GIVING NOTICE OF INTENT TO VACATE THE ALLEY NORTH OF 9Th STREET WEST OF HOOVER AVENUE AND EAST OF COOLIDGE AVENUE (APPLICANT: CITY OF NATIONAL CITY) (CASE FILE NO. SC-2001-2) PREPARED B y Andrew Hoskinson DEPARTMENTPIanning EXPLANATION The owner of DM Auto, who leases property at 225 W. 9th Street, sent a letter to the City Council seeking permission to install a gate in the alley north of 9fi' Street between Hoover and Coolidge Avenues. The Council initiated vacation procedures July 17, 2001. Vacation of the 2,250 square foot alley would result in ownership of the right-of-way reverting to the owners of the three properties that abut the alley. The businesses on the three properties could then use the alley for their business operations. Planning Commission conducted a public hearing on the item. At the hearing, a representative of Sid's Carpet Barn, who owns the property on the east side of the north terminus of the alley, spoke about their future development plans and their need for the alley. The Commission recommended denial of the alley vacation, since they felt they could not make the required finding that the alley is not needed for present or future public use. If the Council adopts a Resolution of Intent to Vacate, a public hearing will be scheduled to consider the matter. Alternatively, Council could choose to file the report halting the process. Environmental Review Financial Statement N/A X NIA Exempt Account No. STAFF RECOMMENDATION Staff recommends that the attached resolution be adopted to schedule a public hearing for the alley vacation request. BOARD / COMMISSION RECOMMENDATION The Planning Commission voted to recommend denial of the alley vacation. Vote: Ayes — Flores, Valderrama, Ungab, Reynolds, Parra, Detzer Absent: Baca ATTACHMENTS ( Listed Below ) 1. Resolution 2. Location Map 2001-171 Resolution No. A-200 (9/80) RESOLUTION NO. 2001 - 171 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY GIVING NOTICE OF INTENTION TO VACATE AND CLOSE THE ALLEY NORTH OF 9T`` STREET, WEST OF HOOVER AVENUE AND EAST OF COOLIDGE AVENUE APPLICANT: CITY OF NATIONAL CITY Case File No.: SC-2001-2 WHEREAS, the City Council of the City of National City, California, hereby declares its intention to vacate, pursuant to the provisions of Part 3 of Division 9 of the Streets and Highways Code of California, the alley north of 9th Street between Hoover and Coolidge Avenues, situated in the City of National City, more particularly described in Exhibit "A", attached hereto and incorporated herein as though set forth in full. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City, that the time for hearing any and all persons interested in or objecting to the proposed vacation is hereby set for 6:00 p.m., 200_, in the City Council Chambers in the Civic Center in the City of National City, California. BE IT FURTHER RESOLVED that the City Engineer of the City of National City, California is hereby directed to post notice of the passage of this Resolution and the time and place of hearing in accordance with law. PASSED and ADOPTED this 6th day of November, 2001. George H. Waters, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney SCHEDULE 'derNo: 13071352 U52 Your Ref: "ALLEY VACATION" 1. The estate or interest in the land hereinafter described or referredto covered by this report is: A FEE 2. Title, to said estate or interest at the date hereof is vested in: SEE ATTACHED EXHIBIT - VESTED IN 3. The land referred to in this report is situated in the State of California, County of SAN DIEGO and is described as follows: ALL THAT PORTION OF THE ALLEY LYING WITHIN BLOCK 73 OF NATIONAL CITY, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 348, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY OCTOBER 2, 1882, LYING SOUTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE EASTERLY LINE OF BLOCK 119 OF SAID NATIONAL CITY, DISTANT NORTH 17°45'12" WEST, 117.10 FEET FROM THE SOUTHEASTERLY CORNER OF SAID BLOCK 119; THENCE NORTH 0°12'31" W, 95.25 FEET; THENCE NORTH 21°00'25" EAST, 156.99 FEET TO A POINT ON THE ,SOUTHERLY LINE OF SAID BLOCK 73, DISTANT NORTH 72°14'25" EAST, 47.00 FEET FROM THE SOUTHWESTERLY CORNER OF SAID BLOCK 73; THENCE NORTH 18°07' EAST, 235.91 FEET; THENCE NORTH 17°45'15" WEST, 59.01 FEET TO A POINT ON THE NORTHERLY LINE OF SAID BLOCK 73, DISTANT SOUTH 72°14'25" WEST, 65.00 FEET FROM THE NORTHEASTERLY CORNER OF SAID BLOCK 73. THE FACT THAT THE LEGAL DESCRIPTION HEREIN IS PRELIMINARY AND UNINSURABLE IN ITS PRESENT FORM. WE WILL REQUIRE THAT A NEW LEGAL DESCRIPTION BE SENT TO US, TO BE APPROVED BY OUR ENGINEERING DEPARTMENT. PREA-10/31/97bk PROPOSED ALLEY VACATION ZONE BOUNDARY — — — LOCATION MAP Alley north of 9th Street west of Hoover Avenue and east of Coolidge Avenue SC-2001-2 NATIONAL CITY PLANNING DRN. DATE: 9/28/01 INITIAL HEARING: 10/15/01 City of National City, California COUNCIL AGENDA STATEMENT November 6, 2001 MEETING DATE 22 AGENDA ITEM NO. (-ITEM TITLE RESOLUTION OF THE CITY COUNCIL APPROPRIATING $30,000 FROM THE UNDESIGNATED FUND BALANCE AND AUTHORIZING THE CITY MANAGER TO EXECUTE A FUND TRANSFER AGREEMENT BETWEEN THE SAN DIEGO METROPOLITAN TRANSIT DEVELOPMENT BOARD AND THE CITY FOR THE SOUTH BAY TRANSIT FIRST STUDY PREPARED BY Steve Ray �_.� DEPARTMENT Planning EXPLANATION MTDB has provided the attached letter, Draft Agreement and Scope of Work regarding the South Bay Transit First Study. As mentioned in these documents, the study involves a 15-month long, $350,000 consultant contract, and Chula Vista is funding $125,000 of that cost. National City has been requested to contribute $30,000. The possibility of additional funding from the City of San Diego and the County is also suggested in MTDB's letter. MTDB made a presentation to the City Council on September 4, 2001, on the study and asked for National City's involvement. In response, the Council directed the City Manager to move forward with City participation. The agreement will carry out that direction. MTDB has received three proposals that respond to the attached scope of work for the study, which generally reflects the Chula Vista study area. MTDB staff has indicated that references may be added in contract negotiations to reflect National City involvement. J X Environmental Review N/A Financial Statement Sufficient resources are in Account No. 001-2501(General Fund Undesignated Fund Balance) to accommodate this request. Account No. 00501 STAFF RECOMMENDATION ger Adopt the attached resolution. BOARD/ COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2. Letter from MTDB 3. Draft Agreement 4. Scope of Work Resolution No. 2001-172 A-200 (9/80) • RESOLUTION NO. 2001 - 172 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROPRIATING $30,000 FROM THE GENERAL FUND UNDESIGNATED FUND BALANCE AND AUTHORIZING THE CITY MANAGER TO EXECUTE A FUND TRANSFER AGREEMENT BETWEEN THE SAN DIEGO METROPOLITAN TRANSIT DEVELOPMENT BOARD AND THE CITY OF NATIONAL CITY FOR THE SOUTH BAY TRANSIT FIRST STUDY WHEREAS, the City Council of the City of National City considered Ithe Fund Transfer Agreement between the San Diego Metropolitan Transit Development Board and the City of National City for the South Bay Transit First Study, proposed by the San Diego Metropolitan Transit Development Board (MTDB); and WHEREAS, pursuant to the Fund Transfer Agreement, the City would be obligated to do the following: 1. Provide $30,000 for the study consultant's contract. 2. Make payment to MTDB by January 31, 2002, for use on expenditures outlined in the scope of work. 3. Be actively involved in the study at both a policy and technical level. WHEREAS, the City Council, at the Council meeting held on September 4, 2001, considered a presentation made by MTDB staff on the draft scope of work for the South Bay Transit First Study; and WHEREAS, after considering said presentation the City Council directed that the City Manager move forward with City participation in the study; and WHEREAS, City participation in the South Bay Transit First Study should not be interpreted as committing the City to enact or carry out any policies or objectives that involve the exercise of future discretion and adherence to due process; and WHEREAS, this action recited herein is found to be essential for the preservation of public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City, California, that the City Council of the City of National City authorizes the City Manager to execute the proposed fund transfer agreement between the San Diego Metropolitan Transit Development Board and the City of National City for the South Bay Transit First Study. Resolution No. 2001— 172 November 6, 2001 Page Two BE IT FURTHER RESOLVED that the City Council of the City of National City hereby authorizes the following appropriation of funds: $30,000 FROM: TO: Account No. 001-2501 Account No. 001-406-000-212 General Fund Undesignated Fund Balance Governmental Purposes PURPOSE: To provide $30,000 in funds for the Fund Transfer Agreement. PASSED and ADOPTED this 6th day of November, 2001. George H. Waters, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: /./04... at George H. Eiser, III City Attorney MTDB Metropolitan Transit Development Board onk /nt?1l Iwo( 1255 Imperial Avenue, Suite 1000 San Diego, CA 92101-7490 (619) 231-1466 FAX (619) 234-3407 October 5, 2001 Mr. Steve Ray National City Planning Department 1243 National City Boulevard National City, CA 91950-4031 Dear Steve: rFT ,--7 7 �L NiNG e CIP 476 (PC 20480) This letter formally requests National City's financial participation in the South Bay Transit First Study being conducted by the Metropolitan Transit Development Board (MTDB). MTDB's adopted Transit First strategy focuses on new ways to provide transit in our region so that transit plays a greater role in accommodating our growing travel needs. Key aspects of the Transit First strategy include providing higher -speed transit services (called Yellow Car and Red Car services) between key origins and destinations. These services will include enhanced customer amenities both on vehicles and at stations, and will require priority treatments for transit on freeways and roads to maintain speeds and reliability. The South Bay Transit First Study will develop a Transit First plan for the South Bay area that includes National City, Chula Vista, Imperial Beach, San Ysidro, and Otay Mesa. Projects from this plan will be incorporated into the San Diego Association of Government's Regional Transportation Plan for future funding. On September 4, 2001, the City Council of National City approved both staff and financial participation in the South Bay Transit First Study. We are pleased with the Council's support as such a partnership will ensure that National City's interests are fully addressed in the study. National City staff will have one or more representatives on the Study Technical Review Committee and we will be happy to meet with both staff and the City Council as needed throughout the 15-month study. We are suggesting that National City contribute $30,000 to the study budget based loosely on its proportional share of population and travel demand within the study area. The total study consultant budget is $350,000, of which the City of Chula Vista is contributing $125,000. It is possible that the City of San Diego and the County of San Diego will also become financial partners in this study. MTDB will fund the balance of the consultant budget and provide the staff resources to manage the study. I have enclosed a draft fund transfer agreement for your review and consideration. Please let me know how you plan to proceed. 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, County of San Diego, State of California Metropolitan Transit Development Board is Coordinator of the Metropolitan Transit System and the U Taxicab Administration Subsidiary Corporations: (jA)San Diego Transit Corporation, USan Diego Trolley, Inc., and *San Diego & Arizona Eastern Railway Company For personal trip planning or route information, call 1-800-COMMUTE or visit our web site at sdcommute.com! Mr. Steve Ray October 5, 2001 Page 2 I have also enclosed a copy of the study's work scope for your information. We are scheduled to award the consultant contract at the December 13, 2001, MTD Board of Directors meeting. Please call me at (619) 557-4538 if you have any questions. Sincerely, eytA Toni Bates Director of Planning KYamo L-RAY.TBATES Enclosure: Draft Fund Transfer Agreement Draft South Bay Transit First Study Work Scope cc: Jennifer Williamson, MTDB ORIGINAL: MTDB Doc. No. GO686.0-02 CIP 476 FUND TRANSFER AGREEMENT BETWEEN THE SAN DIEGO METROPOLITAN TRANSIT DEVELOPMENT BOARD AND THE CITY OF NATIONAL CITY FOR THE SOUTH BAY TRANSIT FIRST STUDY WHEREAS, the City of National City (herein after National City) and the San Diego Metropolitan Transit Development Board (hereinafter MTDB) both desire to research ways to improve transit access within the South Bay, with particular emphasis on National City and the City of Chula Vista; and WHEREAS, MTDB and National City have authorized a planning study to refine the current Transit First network for South Bay, including National City, reevaluate the Board -adopted South Bay Transitway/LRT alignment, and develop a phasing strategy for possible implementation of the identified near-, mid-, and long-term projects and early action projects; and WHEREAS, MTDB and National City will work in a cooperative manner to ensure that National City and MTDB jointly provide guidance on the study at both a policy and a technical level; and WHEREAS, National City and MTDB, and others have agreed to jointly fund the study; and WHEREAS, National City has agreed to contribute $30,000 toward the study consultant and work scope; and WHEREAS, MTDB agrees to contribute up to $195,000 toward the study consultant and work scope, and WHEREAS, MTDB has obtained agreements from others to contribute $125,000 toward the study consultant and work scope, IT IS AGREED AS FOLLOWS: MTDB agrees: 1. To manage the Study, including the study consultant's scope of work. 2. To provide up to $195,000 in MTDB funding for the study consultant's contract. 3. To involve and partner with National City in all technical and policy matters related to the study. National City agrees: 1. To provide $30,000 for the study consultant's contract. 2. To make payment to MTDB by January 31, 2002, for use on expenditures outlined in the scope of work: 3. To be actively involved in the study at both a policy and a technical level. THIS AGREEMENT shall be effective immediately upon its execution thereof. SAN DIEGO METROPOLITAN CITY OF NATIONAL CITY TRANSIT DEVELOPMENT BOARD Thomas F. Larwin Tom McCabe General Manager City Manager Date: / 0 /a" 3'"70 / Date: Approved as to form: Approved as to form: Jack Limber General Counsel Date: KYamo AG-CV.NCFUND.JWILLI Attachment: Study Scope of Work City Attorney Date: -2- ATTACHMENT A: SOUTH BAY TRANSIT FIRST STUDY SCOPE OF WORK PURPOSE The primary objective of this study is to develop a transit plan and identify transit projects in the South Bay area of San Diego that support and refine the Metropolitan Transit Development Board's (MTDB's) adopted Transit First strategy. The South Bay Transit First Study will include a phased implementation strategy so that the identified projects can be defined and incorporated into the San Diego Association of Government's (SANDAG's) Regional Transportation Plan (RTP), the City of Chula Vista's General Plan Update, and land -use planning activities for the Cities of San Diego, National City, and Imperial Beach and the County of San Diego. The study will: • Evaluate, refine, and develop a Transit First plan for the South Bay study area, including internal connections, links to key external destinations, transit priority measures, and station locations. A regional conceptual Transit First plan has been developed (and is currently being updated by SANDAG) that will provide a framework for developing the focused South Bay Transit First Plan. • Identify and refine Transit First Yellow, Red, Blue, and Green Car projects from the plan, with particular emphasis on Yellow and Red Car services. Service concepts for Yellow, Red, Blue, and Green Car projects are the foundation of MTDB's Transit First strategy. • Develop a phasing plan for the identified projects that is consistent with the Transit First phasing strategy scheduled for adoption by the MTD Board of Directors in late 2001. The phasing strategy will build a network of projects for the near-, mid- and long -terms. • Develop conceptual design of selected stations and transit priority treatments. • Assess the role of the MTDB adopted South Bay Transit Way in the South Bay Transit First plan. PROJECT BACKGROUND In 1993 the MTD Board adopted the South Bay Public Transportation Plan and the South Bay Light Rail Transit (LRT) Extension study. As a result of these efforts, the MTD Board of Directors adopted two light rail alignments in South Bay (Otay Ranch LRT and Otay Mesa LRT) for planning purposes (Exhibit 1). Dedicated right-of-way for an LRT alignment and station sites have been integrated into the design plans for several transit -oriented villages in Otay Ranch, and right-of-way reservations have been incorporated into development agreements along Otay Mesa Road. The alignments and right-of- way have been identified more generally as Transitways in SANDAG's Regional Transportation Plan. Subsequently, however, the MTD Board adopted a Transit First strategic plan that has led MTDB to rethink the way it provides transit in the region, including the South Bay. The adopted Transit First strategy has its basis in market research, transit/land use integration, and Bus Rapid Transit concepts. The Transit First strategy shows how public transportation can play an increased role in providing an attractive alternative to the automobile to help accommodate regional growth and meet travel needs over the next 20+ years. Creating a new and different transit customer experience has been a guiding force in the Transit First strategy. To achieve a positive customer experience, the design of the transit system must pay attention to travel speeds and service reliability (transit priority), access, walk and wait environment (land use integration), design issues, and customer amenities at stops and on vehicles. The Transit First strategy includes a rich network of service types ranging from neighborhood shuttles serving short -distance trips, to higher -speed, limited stop routes for longer distance trips, as follows: • Yellow Car — Serves longer distance trips (6+ miles), maintaining high average speeds (35-40 mph) with very limited stops. Yellow Car routes would complement Red Car services to form the spine of the regional transit system. Yellow Car services would require extensive use of transit priority treatments such as dedicated running ways, queue jumpers, and signal priority. Yellow Car service is used in two ways: - Serving corridors where longer station spacing is justified based on links between major origins and destinations and land use patterns that lead to longer -distance tripmaking. - Serving as an overlay in selected Red Car corridors where a faster, more limited -stop service is justified (in addition to Red .Car service) for high -volume, long-distance trip needs. • Red Car — Serves medium -distance trips (1-9 miles), maintaining relatively high average speeds (20-25 mph) with limited stops. Red Car services are often linked to Blue Car service for local distribution. The current San Diego Trolley system and the County's express bus routes mostly operate as Red Car service. Red Car services would require use of transit priority treatments such as dedicated running ways, queue jumpers, and signal priority. • Blue Car — Serves short -distance trips (0-5 miles) with frequent stop spacing. Blue Car service provides basic mobility, albeit at low speeds (10-25 mph), on primarily local and arterial streets. Most of the current San Diego region bus system operates as Blue Car service. • Green Car — Serves community -level tripmaking that could include neighborhood circulators, feeder access to Yellow and Red Car service, and/or specialized fixed -route shuttles. Green Car services would likely use smaller shuttle vehicles. In some situations, Green Car services would benefit from dedicated running ways and queue jumpers. The Transit First vision is to make transit such a desirable option that people will make it their first choice for many of their daily travel needs. The South Bay Transit First Study is the first step toward implementation of the Transit First vision and strategy in a focused geographic area (South Bay). More information about the Transit First vision and strategy is provided in the following enclosed documents: • "Transit Works" report (Exhibit 1) • Transit First Fact Sheet (Exhibit 2) • MTD Board reports from June 14, 2001, and July 12, 2001 (Exhibits 3 and 4) • Article "Transit First: A New Vision for Transit in San Diego" (Exhibit 5) PROJECT LIMITS The South Bay study area is defined as the border of San Diego and National City to the north, the County of San Diego/Bonita to the east, the Pacific Ocean to the west, and the International Border to the south (see Attachment B to the RFP letter, "project area map"). Within the study area, the focus will be the City of Chula Vista, the City of National City, and their surrounding planning areas. -2- COORDINATION WITH OTHER AGENCIES This study is undertaken in partnership with the City of Chula Vista, the City of National City, the City of San Diego, the County of San Diego, and SANDAG. The consultant shall provide ongoing coordination with these and other agencies. This coordination with other agencies will be an important part of the study effort and will include, but not be limited to, the following agencies: City of Chula Vista, City of San Diego, City of National City, Chula Vista Transit, County of San Diego, City of Imperial Beach, SANDAG, Caltrans, Califomia Transportation Ventures for SR-125 Bridge Right -of - Way, Unified Port District, San Diego Trolley Inc., and San Diego Transit Corp. The City of Chula Vista has retained a transit consultant to provide assistance with its General Plan Update and provide input to this study. The City of Chula Vista also expects to retain a public outreach consultant and coordination with this consultant will be necessary. Particularly important will be coordination with the City of Chula Vista General Plan Update and its component studies, along with other applicable local and regional plans. Meetings will be held with these agencies, as needed, throughout the project. The consultant shall provide meeting notes outlining the date, attendance, highlights, and follow-up actions. In addition, the consultant will be required to prepare graphics for these meetings. These will generally be figures, flip charts, Power Point presentations, or other presentation materials as directed by MTDB. COORDINATION WITH THE PUBLIC Project Review Committees 'shall be established for the study to provide a means for citizen input and guidance for the work effort. These committees will consist of business owners, corridor residents, property owners, and other interested parties. They will meet as needed, generally every two to three months. The consultant's project manager, and other consultant staff as needed, will be required to attend these committee meetings. In addition, the consultant will be required to prepare graphics, reports, or other presentation aids for these meetings. COMMUNITY OUTREACH The. consultant will coordinate with the related public outreach efforts underway in the region, particularly at MTDB, City of Chula Vista, City of San Diego, and SANDAG. The related public outreach efforts include the City of Chula Vista's General Plan update, the City of San Diego's City of Villages Strategic Framework, SANDAG's Region 2020 Growth Strategy, 2030 Forecasts, Regional Transportation Plan update, and MTDB's Transit First implementation program. In addition, the consultant will coordinate and participate in public outreach specific to this study, including: • Assisting in organizing and conducting public meetings • Preparing official communications with the community • Providing necessary graphics as directed by MTDB • Preparing and delivering presentations as directed by MTDB All official communications with the general public shall be cleared with the MTDB project manager in advance. -3- CONTRACT ADMINISTRATION MTDB is the primary lead for this study that is undertaken in partnership with the City of Chula Vista, the City of San Diego, the City of National City, the County of San Diego, and SANDAG. MTDB will have overall administrative responsibility for the contract. PROJECT STAFFING The project manager will be expected to make presentations concerning the project, schedule and budget to public and private parties. The project manager may be removed and replaced only with written consent of the MTDB General Manager. PROJECT COORDINATION AND PROGRESS REPORTING PROCEDURES The consultant shall communicate and coordinate work and progress on the project with the MTDB project manager. Coordination and administration for the project shall include: • Proiect Management Plan: The consultant shall prepare and submit, within fourteen (14) days following a fully executed contract, a project plan for management coordination and control to ensure successful and timely completion of the project scope. The management plan shall include, at a minimum, a detailed breakdown of the project costs by task, a detailed staffing plan by task, a detailed schedule for each work task, and an overall work flowchart identifying critical path work items. The project management plan shall provide the basis against which the project status and progress will be measured and reported. The Project Management Plan must be completed using Microsoft Project or compatible format and be posted in the Project Folder (referenced below). • Tracking System: The consultant shall establish a monthly tracking/reporting system. The purpose of the tracking system shall be to report on the progress of the project and keep the project on schedule. The tracking system shall include, but not be limited to, a report on project status, project schedule, costs by each sub -task, staffing revisions, descriptions of work completed, and work remaining by sub -task, and DBE utilization. In addition, consultant shall attend at least two (2) meetings per month with the Project Team. The purpose of the meetings shall be to report and document the study status, discuss and identify any unforeseen issues, and recommend an action plan to keep the study on schedule and within budget. Additional status reports shall be presented to the MTDB staff at key milestones and as necessary during the project. The consultant shall be responsible for preparing minutes of all meetings and circulating such minutes for review by attendees within one week of meeting date. The consultant shall prepare a standard "meeting notes" format for submittal to MTDB. All schedule -related tracking shall be done on Microsoft Project or in a compatible format and be posted in the Project Folder. • Computerized Project Folder: The consultant shall provide a project folder that is accessible via the Internet to all project participants. This project folder should contain documentation related to this project including all correspondence, maps, photos, work plans, etc. This project folder should be updated within two working days of the distribution of a deliverable. • Monthly status and progress reports: The consultant shall prepare and submit to MTDB monthly reports that include a summary of activities completed during the previous month (by task), scheduled activities for the next month, (by task and responsible person) and any problems encountered during the previous month. -4- • Monthly invoices: The consultant shall submit monthly invoices to MTDB, that include a Progress Payment Report of services performed during the reporting period by contract work task, the hourly breakdown by staff level, the percent of each work task, and overall project completed to date and the amount and percent of overall project budget completed to date. PROJECT SCHEDULE All work shall be completed within 15 months from the Notice to Proceed. The preliminary schedule for the project, indicating activities (by work task), start dates, activity duration, product submittal dates, relationships among work tasks (including critical path items), and float time is included in the attachments. The schedule shall account for interface with and review by MTDB and other agencies. The prime consultant will be responsible for timely transmittal of data and information to all subconsultants so that subconsultants are able to maintain the project schedule. Please note that Task 4 is to be completed by the end of July so that input can be provided and other agency deadlines can be met. DESCRIPTION OF TASKS AND PRODUCTS The Scope of Work consists of the following tasks: Task 1 — Data Collection, Review, and Organization Task 2 — Develop Plan and Project Evaluation Criteria and Methodology Task 3 — Identify Travel Patterns Task 4 — Develop Service, Priority Treatment, and Station Location Alternatives Task 5 — Develop Ridership, Capital and Operating Cost Estimations Task 6 - Evaluate Universe of Yellow, Red, and Green Car Alternatives Task 7 — Develop Yellow, Red, and Green Car Plan Task 8 — Develop Conceptual Engineering/Site Plans for Station Locations and Priority Treatments as Identified in Task 7.0 Task 9 — Develop Supporting Blue Car Network Plan Task 10— Develop South Bay Transit First Plan Task 11— Develop Phasing/Implementation Plan Task 12— Agency Coordination and Public Involvement Consultant shall submit all task deliverables (as applicable) to MTDB for review and approval prior to release of any verbal or written presentation material to outside agencies and the general public. The scope of work is defined in the following description of individual tasks. TASK 1.0 DATA COLLECTION, REVIEW, AND ORGANIZATION 1.1.1 Gather and conduct a data review of all existing information related to the study area, including, but not limited to, the following: • January 2001 Transit Works Report • Transit First Implementation Work Program • SANDAG Regional Transit Vision • Existing City of Chula Vista General Plan • Original MTDB Alignment Studies for the South Bay Transit Way • City of Chula Vista General Plan Update Work Program -5- • Scope of Work and Progress Reports for the Chula Vista Transit Short -Range Bus Study • Otay Ranch General Development Plan • Final EIR/EIS for State Route 125 South • Caltrans Project Report and other studies for SR 905 • Eastlake III Sectional Planning Area Plan Final EIR • National City General Plan • County of San Diego General Plan Update Materials • City of San Diego's Draft Strategic Framework Element and City of Villages Map • East Otay Mesa Specific Plan and Draft Amendment • City of Chula Vista Roadway Design Standards • Other relevant master plans, general plans, and redevelopment plans 1.1.2 Review the City of Chula Vista's preliminary Yellow and Red car plan of services. 1.1.3 Review the City of Chula Vista plans for street improvements, Caltrans plans for the SR-125 Toll Road and any highway/freeway improvements, SR-125 connector improvements, and MTDB's LRT alignment studies. 1.1.4 Review the MTDB Design Criteria and Design Manual. 1.1.5 Review existing and projected traffic data for the study area. 1.1.6 Consultant shall take part in up to two working days of extensive field reconnaissance tours with MTDB, Chula Vista, National City, and other project review staff. Consultant shall take relevant pictures and/or video of the study area to be placed in the Project Folder. Task 1.2 Prepare Aerial Photographv This task shall include the preparation of aerial photography, which shall be the basis for the conceptual planning work. Photos may be purchased from an aerial photo -bank. 1.2.1 Prepare color aerial mosaic at 1"=1000' of the South Bay study area. These photographs shall be mounted on display boards in sizes (maximum 30" x 40") that are easily transported to public meetings. 1.2.2 Provide color aerial topography for City of Chula Vista Planning Area. Task 1.3 GIS Data and Mapping This task shall constitute the platform from which all maps outlined in future tasks shall be created. 1.3.1 To ensure compatibility with local and regional GIS systems, provide data in a format that is compatible with ESRI GIS software in a real world coordinate system, preferably the stateplane coordinate system (NAD'83, Zone 6). 1.3.2 All technical planning work done on a GIS platform will be placed in the Project Folder. Deliverables: • List of background materials reviewed • Mounted color aerial mosaics • GIS data and mapping in Project Folder TASK 2.0 DEVELOP PLAN AND PROJECT EVALUATION CRITERIA AND METHODOLOGY The purpose of the evaluation criteria is to provide a decision -making framework for review and selection of projects that will constitute the South Bay Transit First plan. Strategic and agency goals, provided to the consultant, shall be the basis for criteria development and will be used to determine how the proposed projects meet the objectives of the Transit First strategy and stakeholders. 2.1.1 Develop Evaluation Criteria The consultant shall develop service network and project evaluation criteria which include but are not limited to the following: • Connectivity/Access • Travel Time Savings • Ridership • Environmental Impacts • Traffic Circulation Impacts • Engineering Requirements and Feasibility • Priority Treatments Feasibility • Land Use Coordination • Compatibility With Local and Regional Plans • Capital and Operating Cost • Productivity Indicators • Cost -Benefit of Services and Priority Treatment 2.1.2 Develop Evaluation Methodology The consultant shall develop an evaluation methodology to assess altemative service proposals and to guide the development of the South Bay Transit First plan and identification of projects. Deliverables: • Evaluation Criteria • Technical Memorandum Evaluation of Alternatives Methodology TASK 3.0 IDENTIFY TRAVEL PATTERNS MTDB and SANDAG have developed a conceptual network of services as part of the Transit First strategy. The conceptual network map illustrates the overall regional connectivity of the system and major service corridors for the Green and Red Car services. The basis for the network was the travel demand model maintained by SANDAG, which provides the best available source of future travel pattern data. SANDAG is now refining its transportation model to include City of San Diego's new land use strategy called City of Villages and land use updates provided by other jurisdictions. In conjunction with the SANDAG model update, the Transit First service network will be refined to reflect a more detailed origin -destination analysis and the updated land use data. SANDAG will use the updated -7- model results to develop a Regional Transit Vision as the basis for an update to the Regional Transportation Plan. The Regional Transit Vision is scheduled for approval by the SANDAG Board in November 2001. The Transit First network map will be updated to incorporate the approved Regional Transit Vision. This task involves examining the updated Transit First network prepared by SANDAG to confirm and supplement travel patterns and key origin/destination data for the study area for both inter- and intra- study area travel. The consultant shall also analyze travel patterns for smaller, targeted areas of the study area, which the SANDAG model cannot adequately evaluate, including areas identified through the City of Chula Vista General Plan Update. Task 3.1 Review Basis of Transit First Network 3.1.1 Review the updated Transit First network and SANDAG transportation model output data. 3.1.2 Establish from discussion with SANDAG, City of San Diego, MTDB, City of Chula Vista, and National City any outstanding issues or questions raised during the development of the updated network. Task 3.2 Develop Methodology for Confirming and Supplementing SANDAG Travel Pattern Data 3.2.1 Identify existing and proposed major trip generators and activity centers in and outside the study area and confirm that'they are adequately reflected in SANDAG's model. 3.2.2 Identify key regional connections to and from the study area. 3.2.3 Develop a methodology for confirming and supplementing the SANDAG travel pattern data to reflect the focused look on the South Bay study area and focus areas. 3.2.4 Working with the jurisdictions, identify and analyze key strategic links. Strategic links may be different from the travel patterns identified by SANDAG's modeling and can be used by a jurisdiction to channel future development and economic investment. 3.2.5 Identify key Origins/Destinations (O/D) within the study area that may be at too small a scale to be adequately reflected in the SANDAG model. 3.2.6 Identify key connections between the International Border to locations within the study area and also to key regional destinations. The SANDAG model does not include International Border crossing data. 3.2.7 Determine if more detailed analysis of travel patterns in study area and focus areas is needed, and iftravel patterns for special sub -markets or trip purposes are adequately reflected in the available data. Use available market survey data in the analysis. Task 3.3 Predict and Analyze Travel Pattern 3.3.1 Analyze information from Task 3.2 to confirm, supplement and enhance the travel patterns data. -8- 3.3.2 Summarize results and apply validation checks. 3.3.3 Document all technical methods and assumptions in a technical memorandum. Deliverable: Technical Memorandum "Analysis of Travel Patterns" TASK 4.0 DEVELOP SERVICE, PRIORITY TREATMENT, AND STATION LOCATION ALTERNATIVES The purpose of this task is to identify service, priority treatment, and station location alternatives that can be evaluated using the criteria developed in Task 2.0. The focus of this task will be to identify a network of Green and Red Car services and a supporting network of Yellow car services on which Green Car services are particularly dependent. In addition, this task will include identification of the necessary supporting priority treatments and station locations. Task 4.1 Identify Universe of Yellow, Red. and Green Car Services 4.1.1 Develop a network diagram that illustrates the key nodes and connections within and outside the study area. The network diagram should confirm or revise existing or proposed regional links identified in SANDAG's modeling and the Regional Transportation Plan. 4.1.2 Based on the origin/destination and travel pattern data gleaned and developed in Task 3.0, and the City of Chula Vista's preliminary Yellow and Red Car services map and other information generated through the City's General Plan Update, identify a universe of Yellow, Red, and Green Car service options to address travel needs. The routing options should address both inter- and intra- study area services and should include linkages/transfer opportunities with existing and proposed services, and connections with study area and regional trip generators that will ultimately lead toward a network of services that support the Transit First strategy. Some planning work related to the identification of these routes and network has been conducted. It will be the responsibility of the consultant to build on the existing work. 4.1.3 Evaluate the segments of the adopted South Bay Transit Way alignment relative to identified travel patterns and strategic links for appropriateness of segments and continued inclusion in this plan. 4.1.4 Develop conceptual service plan (frequency and span of service) for the service options. 4.1.5 Develop a naming convention for each identified Yellow and Red Car Service within the South Bay Transit First area. Task 4.2 Identify Transit Priority Treatment Locations and Options Transit Priority Measures are an essential element of the Transit First strategy. In this task, the consultant will be responsible for analysis of appropriate types of priority treatments, where they will be located, and general location feasibility and general right-of-way requirements. 4.2.1 Determine where transit priority treatments are needed to bypass traffic congestion, provide direct routing, maintain high travel speeds, and enhance service reliability. -9- 4.2.2 Identify options for transit priority treatments at the identified locations. 4.2.3 Assess the general or relative feasibility of implementing identified priority treatments. 4.2.4 Develop standard drawings depicting typical cross -sections of City of Chula Vista roadways showing incorporation of Yellow, Red, and Green Ca "- in the City's right-of-way. In addition, provide drawings showing typical intersects • roadway crossings based on promising examples of Transit First techn, 4.2.5 Identify potential incentives for the development co proposed projects. Such incentives should includ financial considerations, project access geometri volumes for transit -related projects. o ,lities in their iirements, ieration Task 4.3 Identify Station Location Options 4.3.1 Identify potential station locations, taking into consideration existing and future access, walk and wait environment, and land use integration, including local and regional plans. Task 4.4 Assess Transit/Land Use Integration With Existing and Future Development 4.4.1 Evaluate candidate station right-of-way requirements. 4.4.2 Evaluate land use implications in areas surrounding candidate station locations. 4.4.3 Provide suggestions for promoting supportive land uses near candidate station locations. 4.4.4 Assess ability to provide front -door access at identified candidate station locations. Task 4.5 Reconnaissance Study for South Bay Yellow/Red Car and Regional Connectors The goal of this task is to sufficiently identify proposed Yellow and Red Car lines within the South Bay corridor and the main regional connection for placement in the 2030 RTP. As discussed previously, the SANDAG model and Transit First service network is now being refined to include new land use strategies and will be used as the basis for this task. SANDAG will be preparing the 2030 RTP and the schedule is for comprehensive plan by September 2002. Therefore, the results of this task will be due by the end of July 2002. 4.5.1 Based on the Transit First Network, identify candidate Yellow and Red Car lines within the Mid -Coast Corridor and the regional connection. 4.5.2 Identify the length of the line and number of stations. 4.5.3 Identify technologies that may be successful, focusing on rubber -tired technologies. 4.5.4 Develop an order of magnitude cost estimate for each Yellow and Red Car line identified. -10- Task 4.6 Develop Map of Service, Priority Treatment, and Station Location Options 4.6.1 Prepare a "working" map that shows the universe of service options, location, and type of priority treatments and candidate station locations. Include major transfer points, major trip generators, and surrounding land uses. Deliverables: • Technical Memorandum "Yellow, Red, and Green Car Service Alternatives" • Conceptual maps (public display ready) displaying proposed services, priority treatments, station locations, and land uses • Transit Supportive Land -Use Plan • Technical Memorandum, "Yellow and Red Car Reconnaissance Study" TASK 5.0 RIDERSHIP, CAPITAL, AND OPERATING COST ESTIMATION This effort is not meant to be a detailed analysis of ridership forecasts or cost estimations, but rather an order of magnitude assessment for initial planning purposes. 5.1.1 Develop ridership estimation methodology and estimates. 5.1.2 Develop an order of magnitude capital cost estimate for priority treatments, stations, and vehicle acquisition. 5.1.3 Develop operating cost estimates for the Yellow, Green, and Red Car service options. 5.1.4 Develop productivity indicators for the service options. These should include measures such as passengers per vehicle hour, passengers per vehicle mile, and cost per passenger. Deliverable: • Technical Memorandum, "Ridership, Operating and Capital Cost Estimates" TASK 6.0 EVALUATE UNIVERSE OF YELLOW, RED, AND GREEN CAR ALTERNATIVES Based on the work conducted in Tasks 1 — 5, evaluate the universe of Green, Red, and Yellow Car service options identified in Task 4. Prepare an evaluation matrix and supporting documentation, and develop recommendations for the services, priority treatments, station locations, and supporting land uses. Reasons for all recommendations must be well documented in the Evaluation Summary including reference to or guidance from the project's goals and evaluation criteria developed in Task 2. Present the advantages, disadvantages and potential impacts of each alternative. Concerns and comments of the public groups and advisory committees shall be conveyed. It is the intent of this task that the recommended alternatives would be incorporated into the regional Transit First network plan and included in the Regional Transportation Plan and other applicable plans. -11- Deliverable: • Technical Memorandum "Evaluation Results" TASK 7.0 DEVELOP YELLOW, RED, AND GREEN CAR PLAN This task would present the results of the above tasks in a comprehensive report detailing the Yellow, Green, and Red Car services. The plan would summarize the process and results from Tasks 1-6 and would be the basis for further updating and refining the Transit First network. The plan would include the following: • Process for project alternatives selection • Identification of Yellow, Green, and Red Car projects, priority treatments and station locations • Establish service levels • Present capital and operating cost for Plan • Identify land use integration strategies for Plan • Identify unique projects (routings/segments/links). This would include all the components of the project, e.g., priority measures, station locations, and land -use integration. • Identify ridership for projects The plan would be the basis for developing the Blue Car. Network. In addition, for meeting purposes, display maps shall be produced that clearly show the proposed plan with overlays for each category of service (Yellow, Red, Green), priority measures, and existing and proposed land uses. Deliverables: • Technical Memorandum "Yellow, Red, and Green Car Network Plan" • Display Maps (with Overlays) TASK 8.0 DEVELOP CONCEPTUAL ENGINEERING/SITE PLANS FOR STATION LOCATIONS AND PRIORITY TREATMENT IDENTIFIED IN TASK 7.0 Task 8.1 Conceptual Engineering/Site Plans for Stations 8.1.1 Develop conceptual designs for key identified stations. 8.1.2 Determine station right-of-way requirements 8.1.3 For station locations, identify possible engineering, community, and environmental issues and constraints. Where constraints are identified, provide suggestions for mitigation. -12- tl Task 8.2 Conceptual Engineering/Site Plans for Priority Treatments 8.2.1 Conduct conceptual engineering for transit priority treatments identified in Task 7.0. 8.2.2 Determine transit priority treatment right-of-way and technical requirements, including roadway cross -sections. _. 8.2.3 Evaluate vehicle guidance systems as possible priority treatments. 8.2.4 Estimate capital costs of identified priority treatments. 8.2.5 Identify environmental constraints of identified priority measures. 8.2.6 Develop a "sensitivity" map that clearly illustrates the travel timesavings from each of the identified transit priority treatments. 8.2.7 Conduct a cost/benefit and trade-off analysis of how each priority measure related to passenger travel time, reliability and mobility, and implementation feasibility, constraints, and cost. Deliverables: • Conceptual engineering and station site plans • Conceptual transit priority treatment engineering plans • Technical memorandum summarizing right-of-way requirements, technical requirements, vehicle guidance system analysis, environmental constraints, capital cost estimates, and cost/benefit/trade-off analysis • Travel time sensitivity map • Display Maps TASK 9.0 DEVELOP SUPPORTING BLUE CAR NETWORK PLAN The purpose of this task is to develop a supporting Blue Car network that will complement the plan developed in Task 7.0. This will involve reviewing the existing Blue Car system of services and supplementing it with new Blue Car routings that support the proposed Yellow, Red, and Green Car system. 9.1.1 Integrate existing Blue Car system of services with proposed plan in Task 7.0 (particular attention should be paid to Chula Vista Transit (CVT) recent bus study). 9.1.2 Develop new Blue Car routings to support local circulation and the proposed Yellow, Red, and Green Car plan. 9.1.3 Detail where transfer opportunities will occur. 9.1.4 Develop an order of magnitude estimate of operating/capital cost, ridership, and service levels. Deliverable: • Technical Memorandum, "Blue Car Network Plan" including ridership, operating, and capital cost estimates -13- TASK 10.0 DEVELOP SOUTH BAY TRANSIT FIRST PLAN This task would present and combine the results of Tasks 7, 8, and 9 in a comprehensive report detailing the Yellow, Red, Green, and Blue Car services for the South Bay Transit First Network Plan. It is intended that this plan would provide the basis for projects in the Regional Transportation Plan. A separate report addressing the recommendations for land use changes and/or land use justification for site selection of stations will be prepared and will include the relationship to applicable local and regional plans. Deliverables: • Draft South Bay Transit First Plan • Transit Supportive Land Use Integration Strategies TASK 11.0 DEVELOP PHASING/IMPLEMENTATION PLAN MTDB and SANDAG will be developing a strategy to guide the phasing of the Transit First projects. It is expected that the consultant will organize the proposed projects in accordance with the phasing strategy. It is anticipated that the consultant would prepare a draft South Bay Phasing/Implementation Plan that identifies the following: • Segment/Linkt and timeline for implementation • Service Level phasing • Priority Treatment Phasing • Station Phasing • Land Use Development Phasing • Network of services for near-, mid-, and long-term projects • Ridership, Capital, and Operating Cost Estimates • Interim short-term service options concurrent with new development This plan would identify assumptions and issues associated with each phase, develop a schedule for each phase that graphically depicts activities and timeline, and develop a cost benefit analysis. The phasing plan may also identify projects for early implementation. Deliverable: • Draft South Bay Transit First Phasing/Implementation Plan TASK 12.0 AGENCY COORDINATION AND PUBLIC INVOLVEMENT The consultant shall participate fully at each stage of public outreach. The consultant shall assist with outreach to various elected officials/staff, community and neighborhood organizations, business organizations, property owners, and other stakeholders and interested parties. MTDB shall direct and approve all contacts with elected officials/staff and the media. The consultant shall take and record detailed notes of comments and concerns raised at all community workshops and public meetings, and shall provide minutes of meetings, including issues raised and actions required. -14- Task 12.1 Internal Coordination Meetings 12.1.1 The consultant shall be available for meetings as needed and for purposes of this RFP, according to the following assumptions: Project Status Meetings Informal Project Meetings Project Briefings Initial Agency Meeting 30 meetings (two times per month for 15 months) 10 meetings 5 meetings 1 meeting 12.1.2 Project Status Meetings will require preparation of agenda, budget, and schedule update as agreed upon, and presentation items relevant to agenda (two times per month). 12.1.3 Informal Project Meetings will require minimal advance preparation of graphics specific to the meeting (up to ten meetings). 12.1.4 Project Briefings will require minimal advance preparation of graphics specific to the meeting (up to five meetings). 12.1.5 The consultant shall organize and conduct an initial Agency Information Meeting at MTDB. The purpose of the meeting shall be to review data, project schedule, work tasks, solicit input, and discuss issues. The consultant shall prepare an informational briefing package for the meeting identifying key transportation statistics, demographic data, and information on how to access the computerized Project Folder. 12.1.6 The consultant shall work in conjunction with the City of Chula Vista's General Plan staff and consultants, MTDB, and SANDAG to formulate and establish a coordinated and complementary plan and schedule. for project coordination and public outreach. 12.1.7 The consultant shall create a public outreach plan and work in conjunction with the impacted agencies. The consultant shall prepare the Project Folder in advance of the initial Agency Information Meeting and provide information on how to access the folder at this meeting. 12.1.8 Ongoing review shall be maintained with key agencies throughout the study, based on issues and concems identified. The consultant shall be responsible for providing minutes of inter- agency meetings, documenting issues discussed and providing follow-up on action items. Task 12.2 Public and Board/Council Meetings 12.2.1 Consultant will assist with preparation and participate in formal community and public meetings, which may require limited special graphics preparation (up to ten meetings). The consultant shall work with the study partners to organize and conduct community meetings, which shall be held within the boundaries of the project area. The meetings shall be held during hours that provide the greatest accessibility of attendance for community residents and stakeholders. The intent of the meetings shall be to review the purpose and need for the project, present study altematives and evaluation results, solicit community input and dialogue regarding the altematives and evaluation. 12.2.2 Consultant will assist with preparation (including developing PowerPoint presentations) for formal MTD Executive Committee and Board meetings, City Council Meetings, and meetings with council representatives from the impacted cities. -15- Task 12.3 Communications Materials 12.3.1 Written Materials. The consultant shall prepare initial drafts of all written materials, including newsletters, fact sheets, meeting notices and invitations, display ads, and press releases to MTDB for review, editing, and final development, prior to inclusion in the Project Folder. MTDB shall be responsible for final layout, graphic presentations, printing, and postage of the written outreach materials. 12.3.2 Graphic Presentation Materials: The consultant shall have strong graphics capabilities, and shall prepare graphic materials, as needed, for presentations of technical issues, including handout sheets, PowerPoint presentations, presentation boards, slides, and overhead transparencies. The format for graphic presentation of materials may include chart tables, aerial oblique and plan photo images, montages, and/or renderings that dearly convey the character of the project alternatives. The presentation graphics are expected to include, but not be limited to, maps and other illustrations describing the analysis relating to major community issues. 12.3.3 Electronic Outreach/Information Materials: The consultant shall work with MTDB Planning and Information Systems staff to evaluate and develop the most effective means for distributing information and receiving comments via the Internet. Potential methods for carrying out this objective will include providing an electronic version of the study documents and products for public review through the use of MTDB's World Wide Web home page (www.sdcommute.com), the creation of a Web page specific to this study, or on a lesser scale, providing an e-mail address for submission of public comments. The consultant shall be responsible for setting up and administering this electronic outreach program. Consultants are encouraged to propose staff and subconsultants with eictensive experience in the South Bay Corridor study areas. Deliverable: • Community Participation Plan and Schedule DDarro SOW-SBTRNSTFIRST.JW ILLI 9/22/01 Exhibits: 1. Transit Works report 2. Transit First Fact Sheet 3. MTD Board agenda item No. 15, 6/14/01 4. MTD Board agenda item No. 30, 7/12/01 5. Article "Transit First: A New Vision for Transit in San Diego" -16- i City of National City, Galifornia COUNCIL AGENDA STATEMENT MEETING DATE November 6, 2001 AGENDA ITEM NO. 23 i-ITEM TITLE RESOLUTION TO ENTER INTO AN AGREEMENT WITH STONE & YOUNGBERG TO PROVIDE FINANCIAL ADVISORY SERVICES IN THE ISSUANCES OF 2002 GENERAL OBLIGATION LIBRARY BOND. PREPARED BY Marylou Matienzo DEPARTMENT Finance EXPLANATION See attached. Environmental Review N/A Financial roposed' compensation fee by Stone & Youngberg of Approved By:729 77 $28,000 is contingent on the passage of the election and issuance of the securities. Payment s`°r expected to be made from the sale of bond proceeds. No funds from the General Fund or any of er City accounts are necessary to compensate Stone & Youngberg. Account No. STAFF RECOMMENDATION Approve the Agreement. BOARD / COMMISSION RECOMMENDATION That the City Council of the City of National City adopt and sign the Agreement authorizing Stone & Youngberg to act as the Financial Advisor for the proposed general obligation library bond issue. ATTACHMENTS ( Listed Below ) 1. Proposed Resolution. 2. Agreement. A-200 (9;99) Resolution No. 2001-173 Explanation: The City intends to propose a general obligation bond to its voters for the construction of a new library at the next general election. In preparation for this purpose, the City has requested and received fee quotes, oral presentations and references from three local financial advisory firms who are knowledgeable about the process and can assist in the structuring of the financing. Based on the information received, the City would like to recommend that Stone&Youngberg LLC be retained as the City's financial advisor for this particular issue. The process to pass a general obligation bond vote and issue such securities is complex. Because of this complexity, it is important to contract with a knowledgeable and responsive financial advisory firm with proven integrity that can provide the City with the following services: 1. Act As an Extension to City Staff • Meet with City Staff and help explain, coordinate and manage all aspects of the financing requirements, terms and alternatives. 2. Develop the Financial Plan ■ Determine appropriate financing techniques and necessary amount of bonds to be issued, including contingencies, financing costs, and all other incidental expenses. 3. Assist the City with the Bond Election • Determine bond size and tax rates for the preferred financing alternative; • Coordinate the work with bond counsel, campaign consultants, and the citizen committee designated to run the election campaign. 4. Prepare the Bond Issues for Sale and Help Conduct Sale of the Securities RESOLUTION NO. 2001 -73 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH STONE & YOUNGBERG TO PROVIDE FINANCIAL ADVISORY SERVICES IN THE ISSUANCE OF A 2002 GENERAL OBLIGATION LIBRARY BOND WHEREAS, the City intends to propose a general obligation bond to its voters for construction of a new National City Library; and WHEREAS, whereas the City desires to employ a financial advisory firm to provide fmancial advisory services to the City in the development of a general obligation bond financing program for the National City Library; and WHEREAS, Stone & Youngberg is qualified by experience and ability to perform the services desired by the City, and is willing to perform such services. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute an Agreement with Stone & Youngberg for financial advisory services in the issuance of a 2002 General Obligation Library Bond. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 6th day of November, 2001. George H. Waters, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND STONE & YOUNGBERG THIS AGREEMENT is entered into this 6ih day of November, 2001, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Stone & Youngberg LLC (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide financial advisory services. WHEREAS, the CITY has determined that the CONTRACTOR is a financial advisory firm and is qualified by experience and ability to perform the services desired by the, CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY hereby agrees to engage the CONTRACTOR and the CONTRACTOR hereby agrees to perform the services hereinafter set forth in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services required hereunder will be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. SCOPE OF SERVICES. The CONTRACTOR will perform services as set forth in the attached Exhibit A. The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in v� b -the CITY. The -CONTRACTOR shall appear at meetings to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 10% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Marylou Matienzo hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. L. William Huck thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be as set forth in Exhibit A. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit A shall not exceed the schedule given in Exhibit A (the Base amount) without prior written authorization from the City Manager. Invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit A as determined by the CITY. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make, such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY and for furnishing of copies to the CITY, if requested. 5. LENGTH OF AGREEMENT. Completion dates or time durations for specific portions of the Project are as set forth in Exhibit A. 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. Any Memoranda, Reports, and other documents prepared by the CONTRACTOR for this Project, whether paper or electronic, shall become the _property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase theeof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONTRACTOR hereby assigns to the CITY and CONTRACTOR thereby expressly waives and disclaims, any copyright in, and the right to reproduce, all written material or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium or method utilize the CONTRACTOR's written work product for the CITY's purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. 2 Any modification or reuse by the CITY of documents prepared by the CONTRACTOR shall relieve the CONTRACTOR from liability under Section 14 but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 7. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners or joint venturers with one another. Neither the CONTRACTOR nor the CONTRACTOR'S employees are employee of the CITY and are not entitled to any of the rights, benefits, or privileges of the CITY's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONTRACTOR and the CONTRACTOR's employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONTRACTOR and its employees. Neither this Agreement, nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or subcontractors, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its subcontractor(s) shall require the subcontractor to adhere to the applicable terms of this Agreement. 8. CONTROL. Neither the CITY nor its officers, agents or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR'Semployees except_as_herein set forth, and the CONTRACTOR expressly agrees not to represent that the CONTRACTOR or the CONTRACTOR's agents, servants, or employees are -in any mamieragents, servanwor employees of the CITY, it -being understood that the CONTRACTOR, its agents, servants, and employees are as to the CITY wholly independent contractors and that the CONTRACTOR's obligations to the CITY are solely such as are prescribed by this Agreement. 9. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, in-theperformance of the services tobe°provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The CONTRACTOR, and each of its subcontractors, shall obtain and maintain a current City of National City business license prior to and during performance of any work within the City. 10. LICENSES. PERMITS, ETC. The CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR shall, at its sole cost and expense, keep in effect at all times during 3 ' B ) the term of this Agreement, any license, permit, or approval which is legally required for the CONTRACTOR to practice its profession. 11. STANDARD OF CARE. A. The CONTRACTOR, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONTRACTOR'S trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR's employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this agreement, the CONTRACTOR warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmaental agency or involved in debarment, arbitration or litigation proceedings concerning the CONTRACTOR's professional performance or the furnishing of materials or services relating thereto. 12. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONTRACTOR will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but notr be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in -conspicuous -places available -to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 13. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR shall limit the use -and Circulatmn of such information - r etrwithin its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this 4 Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONTRACTOR shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14.. 14. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to indemnify, defend, and hold harmless the City of National City, its officers, employees and volunteers, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, costs . or attorneys' fees, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, in any way resulting from or arising out of the CONTRACTOR's performance of this Agreement, except as to any matters due to the sole negligence of the City. 15. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, defend and hold harmless the CITY and its officers, employees and volunteers from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including attomey's fees and costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONTRACTOR under this Agreement. 16. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, when applicable, to purchase and maintain throughout the term of this agreement, the following. insurance policies: ❑ A. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 Combined single limit per accident. Such automobile insurance shall include non -owned vehicles. C. Comprehensive general liability insurance, with minimum limits of $1,000,000 combined single limit per occurrence, covering all bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of its employees and E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. volunteers. 5 F. Said policies, except for the professional liability and worker's compensation policies, shall name the CITY and its officers, agents and employees as additional insureds. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. H. Any aggregate insurance limits must apply solely to this Agreement. I. Insurance shall be written with only California admitted companies which hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the City's Risk Manager. J. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY's Risk Manager. If the CONTRACTOR does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. 17. LEGAL FEES. If any party brings a suit or action against, the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgement or award. Attorney's fees to the prevailing parry if other than the CITY sill, in addition, be limited to the amount of attomey's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 18. MEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego; California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 19. TERMINATION. A. This Agreement may be terminatedwith or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONTRACTOR. During said 60-day period the CONTRACTOR shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. D. In the event of termination, all finished or unfinished Memoranda, Reports and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONTRACTOR's breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 6. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered'or-sent by telex, telecopy, facsimile or fax; and shall be deemed- received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal-Seruiee, (iv) if given bytelegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any 7 notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY: Tom G. McCabe City Manager City. of National City 1243 National City Boulevard National City, CA 91950 To the CONTRACTOR: L. William Huck Managing Director Stone & Youngberg LLC 4350 La Jolla Village Drive, Suite 140 San Diego, CA 92122 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONTRACTOR also agrees not to specify any product, treatmentt process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at all times comply with the terms of. the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONTRACTOR shall obtain from the City Clerk. 8 The CONTRACTOR shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the CONTRACTOR. 22. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided, herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be botmorthereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are 9 to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY STONE & YOUNGBERG (Two signatures required) By: By: George H. Waters, Mayor L. William Huck APPROVED AS TO FORM: By: George H. Eiser, III Managing Director (Name) City Attorney (Title) 10 Exhibit "A" FINANCIAL ADVISORY SCOPE OF SERVICES This will serve as the scope of services concerning an agreement (the "Agreement") between the City of National City (the "City") and Stone & Youngberg LLC ("Stone & Youngberg") whereby Stone & Youngberg will provide financial advisory services to the City in the development of a general obligation bond financing program for the National City Public Library. The City intends to propose a general obligation bond to its voters for construction of a new library. For this purpose the City requires the services of Stone & Youngberg to assist in the structuring of the financing or financings, provide information on project financing, alternative financing options, underwriting criteria, security analysis, and to assist in the sale of bonds (the "Securities") by the City. The compensation to Stone & Youngberg is contingent on the passage of an election and are expected to be made from the sale of Securities. The terms of compensation to Stone & Youngberg are set forth herein. A general description of the services to be provided to the City by Stone & Youngberg pursuant to this Agreement is set forth below. Services to be Provided 1. General Services Stone & Youngberg will be involved at the earliest opportunity to: • Be available on a timely basis to meet with the City and coordinate the financing with City staff, and relevant consultants and community members. • Commit the time and professional resources required to facilitate an efficient analysis of financing requirements. • Seek innovative methods of structuring the financing on terms most advantageous to the City. • Determine the advantages and risks of various financing alternatives. 2. Development of the Financial Plan Development of the financial plan requires the coordinated attention of Stone & Youngberg, the City, legal counsel and other key parties to the capital plan, as appropriate. The plan will be based upon the facility needs of the City, cost and revenue projections, and existing legal requirements governing bond elections and the issuance of debt securities. Stone & Youngberg will perform the following services to assist in the development of the financial plan: • Be available for meetings with City staff, the City Council, and any citizen committees as necessary to formulate a financing plan. • Determine the appropriate fmancing techniques for the needed library facilities. • Identify the financial implications of the preferred alternative(s). • Compute the necessary amount of bonds to be issued, including the amounts needed for contingencies, financing costs, and all other expenses incidental to the library project. 3. Assist City with Bond Election Stone & Youngberg will assist the City with the bond election for general obligation bonds, coordinating the work with bond counsel, campaign consultants, and the citizen committee designated to run the election campaign. Stone & Youngberg's services will include the following: • Determine the bond size and tax rates for the preferred fmancing alternative. • Assist with the documents needed to place the bond measure on the ballot. • Prepare the tax rate statement and other financing items for the voter pamphlet printed by the Registrar of Voters. Assist the City and citizen committees in providing information for the election campaign. • Attend any informational workshops for voters as requested. 4. Prepare Bond Issue for Sale After the conclusion of the successful election, Stone & Youngberg will direct the preparation of the sale of the Securities. Stone & Youngberg's services will include the following: • Direct the work of the fmancing team. • Advise the City on the timing of the sale of bonds. • Determine the final structure of the bond issue. • Prepare the official statement. • Coordinate with the rating agencies and prepare the rating presentation. • Determine the feasibility of municipal bond insurance. • Stimulate interest among investors in the sale of the Securities. -2- 4. Conduct the Sale of the Securities Stone & Youngberg will serve as the City's financial advisor for the sale of the Securities. Stone & Youngberg's services will include the following: • Distribute the official statement and other financing documents to the underwriting community. • Advise the City on bond market conditions. • Develop information showing interest rates for comparable bond issues. • Transact the competitive sale of the Securities in a manner that will secure the largest possible number of bids. • Coordinate the delivery of bond proceeds to the City. • Assist the City in the investment of bond proceeds. No Fee For Work In Advance Of A Successful Election Stone & Youngberg will serve as the City's financial advisor at no cost to the City prior to a bond election. All work necessary to prepare a financing plan, assist in a bond election campaign and prepare fmancing documents for the bond election will be performed on a contingent basis. If and when the registered voters approve a bond fmancing, we will act as the City's financial advisor to prepare and transact the sale of the Securities. For work related to the bond sale, our fee will be derived from the proceeds of the sale of the Securities, so that no general fund monies of the City would be used to pay for our work. The payment of our fee will be fully contingent on a successful election and payment is expected to be received from bond proceeds; if the election fails, the City will pay nothing for our services. Compensation For the services described herein, S&Y shall be paid the fee of $28,000 from the proceeds of the Securities. S&Y shall be additionally reimbursed for its own out-of-pocket expenses. Compensation to S& ' is` contingent on the issuance of the Securities. If this Agreement is canceled prior to the issuance of Securities, no compensation is due S&Y. Right to Bid on Bonds Stone & Youngberg requests the City's explicit permission to bid for the Securities at public sale and this executed Agreement constitutes written authorization of the City for such a bid. Stone & Youngberg may, however, decline to bid on the Securities. If Stone & Youngberg is the successful bidder for the Securities, it shall nevertheless be entitled to payment for its services as financial advisor as set forth in this Agreement. -3- General Provisions 1. The City agrees to make available to Stone & Youngberg without cost, sufficient copies of any applicable reports, agreements, contracts, resolutions, and other relevant documents pertaining to the projects, the City or the Securities as reasonably may be required from time to time for the prompt and efficient performance by Stone & Youngberg of its obligations hereunder. 2. The City shall pay from the proceeds of the Securities or other sources all costs and expenses customarily paid therefrom including the cost of printing the Securities and the Investor Prospectus, and any other documents, the fees and expenses of its legal counsel, accountants, rating agencies, bond insurance companies and of any other experts or consultants retained by the City in connection with the financing. The City shall reimburse Stone & Youngberg for any out-of-state travel made in connection with the financing and approved in advance by the City, and for any special reports obtained by Stone & Youngberg in developing its tax analysis, if previously authorized by the City. 3 Nothing herein shall prevent Stone & Youngberg from acting as underwriter or financial advisor to the City on other fmancings. 4. It is understood and agreed that Stone & Youngberg will use its best efforts to obtain the lowest possible cost and highest possible service from all participants in any financing including trustees, all consultants, vendors, providers of insurance and rating services. -4- City of National City, 6tifornia COUNCIL AGENDA STATEMENT MEETING DATE 11-06-01 AGENDA ITEM NO. 24 (-ITEM TITLE RESOLUTION AUTHORIZING AN AGREEMENT BETWEEN COUNTY OF SAN DIEGO AND CITY OF NATIONAL CITY TO TRANSFER OWNERSHIP OF FEDERAL COMMUNICATIONS COMMISSION (FCC) LICENSE FOR RADIO FREQUENCIES TO THE COUNTY FOR USE IN THE REGIONAL COMMUNICATIONS SYSTEM (RCS) PREPARED BY EXPLANATION SKIP DiCERCHIO aDEPARTMENT CHIEF OF POLICE POLICE This resolution is submitted for your approval to allow the Regional Communications System (RCS) to represent the City of National City for the purpose of negotiating with NEXTEL to exchange our five licensed radio frequencies to another spectrum for an undetermined monetary value, fund our initial buy -in to join the RCS, and replace all hardware associated with a turn- key solution. As it stands right now our present system is archaic and parts are hard to get in the event that we burn up some boards not to mention our local dead spots that jeopardize all personnel safety issues, which will become even more apparent as the cellular phone industry petitions for more antenna sites. With us joining the RCS, our radios will have the capability to directly communicate with law enforcement and mutual aid communities regardless of where the physical location of the radio is. Additionally, we will have a more reliable communication system supported by a much larger organization and easier inter- agency connections in times of mutual -aid situations. Factors that we know is a one time buy -in to the RCS will cost the City of National City $887,714.00. Motorola is doing a hardware replacement study to determine the actual cost of hardware replacement. Environmental Review x N/A Financial Statement Negotiations as outlined in the above agreement and stipulated in the attachment is for NEXTEL to fund all City of National City Department Hardware upgrade requirements. With an understanding that if NEXTEL agrees to our Turn -Key request for all hardware replacement and funds to join the RCS, our money obligations would be at the present monthly rate of $22.10 per portable and mobile radio. Account oYaries-Each Department will have its own account numbers STAFF RECOMMENDATION Approve the Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Agreement Between County of San Diego and City of National City (2 pages) Resolution No. 2001-174 A-200 (9/80) RESOLUTION NO. 2001 - 174 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO AND THE CITY OF NATIONAL CITY TO TRANSFER OWNERSHIP OF FEDERAL COMMUNICATIONS COMMISSION (FCC) LICENSES FOR RADIO FREQUENCIES TO THE COUNTY FOR USE IN THE REGIONAL COMMUNICATIONS SYSTEM (RCS) WHEREAS, the Police Department desires to allow the Regional Communications System ("RCS") to represent the City of National City for the purpose of negotiating with NEXTEL to exchange five licensed radio frequencies to another spectrum for an undetermined monetary value, fund the initial buy -in to join the RCS, and replace all hardware associated with a turn -key solution. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an agreement between the City and the County of San Diego to transfer ownership of Federal Communications Commission (FCC) licenses for radio frequencies to the County for use in the Regional Communications System. PASSED and ADOPTED this 6th day of November, 2001. George H. Waters, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: /-3,-) George H. Eiser, III City Attorney Agreement Between County of San Diego and City of National City This Agreement between the County of San Diego (County) and the City of National City (City) is regarding the terms and conditions under which the City transfers ownership of Federal Communications Commission (FCC) licenses for radio frequencies to the County for use in the Regional Communications System (RCS). 1. City agrees to complete a transfer of ownership to the County for five, 800 MHz FCC licenses: 861.2500, 862.2500, 863.2500, 864.2500 and 865.2500 MHz. City agrees that due to pending negotiations with Nextel, time is of the essence to complete the transfer of ownership. 2. City agrees the transfer of ownership to the County for the above frequencies is for the purpose of obtaining the funding necessary to become a member of the RCS. 3. City agrees to sign the RCS Participating Agency Agreement to become a member of the RCS, subject to negotiations with Nextel yielding sufficient retum to the City to pay the infrastructure and equipment costs to join the RCS. 4. County agrees to return to the City all monies received from Nextel resulting from — the exchange of the frequencies identified in this Agreement, provided that the revenue was the consequence of those frequencies operating within the sphere of influence of the City's current 800 MHz wireless communication system. 5. City .authorizes the County to act in the best interests of the City in negotiating with Nextel to obtain a one -for -one frequency exchange plus a cash amount to be determined through negotiations. 6. City agrees that the resulting frequencies received from Nextel will be licensed by the County for use on the RCS. 7. County agrees to return transfer of ownership of the five 800 MHz FCC licenses previously identified to the City under any of the following conditions: -1- a. Negotiations with Nextel to exchange frequencies fail or are not completed within 24 months from the effective date of this Agreement; b. The FCC does not approve the transfer of ownership from the City to the County; c. The compensation received from Nextel for exchange of the frequencies is insufficient to enable the City to pay the infrastructure and equipment costs to join the RCS. 8. County agrees to authorize City to continue to use the frequencies transferred to County until they are exchanged for Nextel frequencies or until the ownership of the frequencies reverts to per the terms of this Agreement. In witness whereof, the parties hereto do affix their signatures. APPROVAL: APPROVAL: RCS Board of Directors City of National City Asst. Sheriff Tom Zoll Approving Authorityftle Chairman Date: APPROVAL: County of San Diego Thomas J. Pastuszka Clerk of the Board Date: Date: -2- to pay election cost, estimated to be under $8,000 City of National City, California COUNCIL AGENDA STATEMENT >AEETING DATE Nov 6, 2001 *Refer to Item #19 AGENDA ITEM NO. 25 ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ORDERING THE SUBMISSION OF A PROPOSITION OF INCURRING BONDED DEBT FOR THE PURPOSE OF THE ACQUISITION, CONSTRUCTION AND COMPLETION OF A NEW CITY LIBRARY TO THE QUALIFIED VOTERS OF THE CITY OF NATIONAL CITY AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON RC2002 PREPARE BY DEPARTMENT Anne Campbell Library EXPLANATION On September 4, 2001, the City Council directed staff to prepare the documents legally required to place a proposition for a General Obligation ("G.O.") Bond on the March 5, 2002 ballot. This proposition provides for the issuance of up to $6,000,000 in general obligation bonds to provide a portion of the costs for construction of a new City library at 1401 National City Blvd. With advice from the City Attorney and Bond Counsel the attached ordinance calls for a special election (consolidated with a general county -wide election) in National City to be held on March 5, 2002. The ordinance includes the question to be presented to qualified voters, and all particulars of the election. Environmental Review X N/A Financial Statement Approved By: Finance Director Sufficient funds available in City Clerk's election account Account No. 001-402-021 212 STAFF RECOMMENDATION Approve ordinance BOARD / COMMISSION RECOMMENDATION Library Board of Trustees approved new library plan ATTACHMENTS ( Listed Below) Resolution No. Ordinance A-200 (9:99) ORDINANCE NO. 2001 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ORDERING THE SUBMISSION OF A PROPOSITION OF INCURRING BONDED DEBT FOR THE PURPOSE OF THE ACQUISITION, CONSTRUCTION AND COMPLETION OF A NEW CITY LIBRARY TO THE QUALIFIED VOTERS OF THE CITY OF NATIONAL CITY AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON MARCH 5,2002 WHEREAS, on November 6, 2001, this City Council adopted, by a two-thirds vote of all the members of said Council, a Resolution entitled "A Resolution of the City Council of the City of National City Determining That the Public Interest and Necessity Demand the Acquisition, Construction and Completion of Certain Municipal Improvements and Their Financing Through the Issuance of General Obligation Bonds" (the "Resolution"); and WHEREAS, in order to provide for the issuance by the City of its general obligation bonds to finance the improvements described in the Resolution, it is necessary for this Council to pass an ordinance ordering the submission of the proposition of incurring bonded indebtedness for such purpose to the qualified voters of the City at an election; and WHEREAS, a Special Municipal Election for the City is to be held on Tuesday, March 5, 2002; and WHEREAS, the City Council desires to submit to the voters at said election the proposition of incurring bonded indebtedness as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, as follows: SECTION 1. That the following question shall be submitted to the voters of the City at the Special Municipal Election to be held on March 5, 2002: BONDS FOR NEW CITY LIBRARY "To quality for matching funds provided by the State of California to build a new City library, with adequate space for books, children's reading programs, homework assistance, after -school programs, adult literacy programs and services for seniors, shall the City of National City be authorized to issue general obligation bonds up to a maximum principal amount of $6,000,000 to acquire and construct a new City library? YES NO „ Page 1 Library Bond Ordinance SECTION 2. The object and purpose of incurring the indebtedness is to finance a portion of the costs of acquiring and constructing a new City library to be located at 1401 National City Boulevard. The City anticipates that the remaining costs of acquiring and constructing the new City library will be paid for from a grant to the City from the State of California. The foregoing improvements are referred to herein as the "Improvements". The City wishes to acquire and construct the Improvements because the present City library is inadequate to serve the needs of the citizens of the City. SECTION 3. The estimated cost of the City's portion of the Improvements is Six Million Dollars ($6,000,000.00). The estimated cost includes legal and other fees and the cost of printing the bonds and. other costs and expenses incidental to or connected with the authorization, issuance and sale of bonds (collectively, the "Bond Issuance Fees and Expenses"). SECTION 4. The amount of the principal of the indebtedness to be incurred is not to exceed Six Million Dollars ($6,000,000.00). SECTION 5. The maximum rate of interest to be paid on the indebtedness shall be twelve percent (12%) per annum. SECTION 6. This City Council does hereby submit to the qualified voters of the City, at said Special Municipal Election, the proposition set forth in Section 1 hereof. The City proposes . to acquire, construct and complete the Improvements, and to issue and sell General Obligation Bonds of the City pursuant to Article 1, commencing with Section 43600, of Chapter 4 of Division 4 of Title 4 of the California Government Code, in one or more series, in the maximum amount and for the objects and purposes set forth above, if two-thirds of all qualified voters voting on the proposition set forth above vote in favor thereof. The bonds are to be general obligations of the City, payable from and secured by taxes levied and collected in the manner prescribed by laws of the State of California. All of said bonds are to be equally and ratably secured, without priority, by the taxing power of the City. SECTION 7. That in all particulars not recited in this Ordinance, the election shall be held and conducted as provided by law for holding municipal elections. The election on the proposition set forth in Section 1 shall be consolidated with the general election held on March 5, 2002, and said election shall be held in all respects as if there were only one election and only one form of ballot shall be used. SECTION 8. Each voter to vote for the proposition and for the incurring of said indebtedness shall stamp or write a cross, or indicate by hole punch or other means, in the blank space opposite the word "YES" on the ballot below the proposition; and each voter to vote against the proposition and against the incurring of the indebtedness shall stamp or write a cross, or indicate by hole punch or other means, in the blank space opposite the word "NO" on the ballot below the proposition. Page 2 Library Bond Ordinance SECTION 9. Notice of the time and place of holding the election is given and the City Clerk is authorized, instructed, and directed to give further or additional notice of the election, in the time, form, and manner required by law. SECTION 10. This Ordinance shall be published once a day for at least seven days in a newspaper printed, published and circulated at least six days a week in the City, or once a week for two weeks in a newspaper printed, published and circulated less than six days a week in the City. The first of said publications shall, in either event, be within fifteen (15) days after the adoption of this ordinance. The City Clerk is hereby authorized and directed to make said publications and to transmit, for receipt no later than December 7, 2001, a certified copy of this Ordinance to the Board of Supervisors of San Diego County, and a copy with the County Clerk of San Diego County and to any other appropriate official of San Diego County responsible for preparing the ballots for said election. SECTION 11. This Ordinance shall become effective immediately upon its adoption by two-thirds vote of all the member of this City Council. PASSED and ADOPTED this day of , 2001. ATTEST: Michael R. Dalia, City Clerk APPROVED AS TO FORM: George II. Eiser, III City Attorney George H. Waters, Mayor Page 3 Library Bond Ordinance MEETING DATE: City of National Gity COUNCIL AGENDA STATEMENT November 6, 2001 *Refer to Item #3 AGENDA ITEM NO. 26 ITEM TITLE: ORDINANCE ESTABLISHING THE MILE OF CARS BUSINESS IMPROVEMENT DISTRICT PURSUANT TO THE PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 AND LEVYING AN ASSESSMENT AND CHARGE THEREIN FOR UPGRADING AND IMPROVI(JG T HE AREAir Vit. PREPARED BY: Paul Desrochers, Executive Director DEPARTMENT Community Development Commission EXPLANATION: On October 16, 2001, the City Council approved Resolution 2001-157 declaring its intention to form a parking and business improvement area to be known as the "Mile of Cars Business Improvement District" (BID). The draft ordinance establishing the BID, the subject of today's City Council action, provides for the levy of an assessment and charge to be imposed on new car dealership businesses only located in a certain geographical area. Private property owners, used car dealerships and other business owners will not be affected by this ordinance. A public meeting was held today at 3:00 PM to answer any questions regarding the draft ordinance and a public hearing was also pre- viously held at 6:00 PM to consider any public comments. Public notice regarding the formation of the BID has been provided in a local newspaper a total of three times. A mailing to all affected business owners and the property owners in which they are located has also been completed. If approved, the City Council will introduce the ordinance at tonight's meeting and a second reading will occur on November 20th. The ordinance will become effective on December 19, 2001. Environmental Review Financial Statement N/A X N/A r STAFF RECOMMENDATION Approve Ordinance BOARD/COMMISSION RECOMMENDATION N/A ATTACHMENTS (Listed Below) Resolution No. Proposed Ordinance ORDINANCE NO. 2001 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ESTABLISHING THE MILE OF CARS BUSINESS IMPROVEMENT DISTRICT PURSUANT TO THE PARKING AND BUSINESS IMPROVEMENT AREA LAW OF 1989 AND LEVYING AN ASSESSMENT AND CHARGE THEREIN FOR UPGRADING AND IMPROVING THE AREA WHEREAS, under and pursuant to the provisions of the Parking and Business Improvement Area of 1989, codified as California Streets and Highways Code Section 36500, et seq, this Council on October 16, 2001, adopted Resolution No. 2001-157, declaring an intention to form a parking and business improvement area to be known as the "Mile of Cars Business Improvement District" providing for the levy of an assessment and charge to be imposed herein, fixing the time and place for hearing and giving notice thereof; and WHEREAS, Resolution No. 2001-157 was duly published, and copies thereof were mailed as provided by the Law; and WHEREAS, as specified in Resolution No. 2001-157, on November 6, 2001, both a public meeting and a public hearing concerning the formation of the area were held before this Council in the Council Chambers; and WHEREAS, at the hearings, all protests, both written and oral, made or filed were considered and duly overruled and denied and this Council determined that there was no majority protest within the meaning of Section 36523 of the Law. NOW, THEREFORE, BE IT ORDAINED, by the Council of The City of National City, as follows: Section 1. Pursuant to California Streets and Highway Code Section 36500, et seq, (hereafter referred to as "the Law"), a parking and business improvement area is hereby established, to be known as the "Mile of Cars Association", herein called "District." The membership to be included in the District includes the Mile of Cars car dealers who are licensed or franchised by domestic and/or foreign automotive manufacturers to sell new vehicles, hereafter referred to as "new car dealers", that are located within the following general boundaries: Highland Avenue to the East; West 35th Street to the South; McKinley Avenue to the West; 18th Street to the North; and all of National City Boulevard within the City limits; and as more specifically described at the following streets and addresses: Ordinance No. 2001 - Mile of Cars Business Improvement District Page Two STREET National City Boulevard McKinley Avenue Wilson Avenue Roosevelt Avenue Harding Avenue Hoover Avenue Transportation Avenue Southport Way A Avenue B Avenue C Avenue D Avenue E Avenue F Avenue G Avenue Highland Avenue W 35d' Street W 33`d Street E 30t Street W 30t Street E 28th Street W 28'h Street E 27th Street E 26th Street W 26th Street E 25t Street W 25`h Street E 241 Street W 24th Street W 22"d Street E 20t Street E 18'h Street W 18t Street ADDRESS SERIES All within the City boundaries (1 - 3500) 1800 - 3400 1800 - 2400 1800 - 2200 1800 - 3000 1800 - 3300 2400 3000 2400 - 2900 1800 - 3000 1800 - 3000 1800 - 3000 1800 - 3000 1800 - 3000 1800 - 3000 1800 - 3000 1800 - 3499 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 - 500 001 - 500 001 - 500 001 - 500 001 - 500 The map depicting the District is attached hereto as Exhibit "A" and incorporated herein by reference. Ordinance No. 2001 - Mile of Cars Business Improvement District Page Three Section 2. The purpose of forming the District as a parking and business improvement area under the Business and Improvement Area Law is to provide revenue to defray the costs of services and programs that will benefit new car dealers in the District, including any of the following: a. Acquisition, construction, or maintenance of parking facilities for the benefit of the area; b. Decoration of any public place in the area; c. Promotion of public events or attraction of customers to the area; d. Furnishing of music in any public place in the area; e. The general promotion of business activities in the area; f. Participation in economic development strategies for the area; The specific services and programs to be provided and funded are listed in Exhibit "B", which is attached hereto and by this reference made a part hereof. The services and programs listed thereon are the uses to which the revenues generated by the assessments to be levied will be put within the District. Section 3. All new car dealers operating in the above -described District will be assessed an annual assessment, collected monthly through the designated fiscal agent, for their respective share of the costs of the aforementioned services and programs according to a formula set forth in Exhibit "C" and summarized as follows: ASSESSMENT METHODOLOGY: The assessment methodology, as approved and recommended to the City by the Mile of Cars Association Board of Directors on June 12, 2001, is based upon a minimum annual first 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. Ordinance No. 2001 — Mile of Cars Business Improvement District Page Four 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 its BID fees to the fiscal agent within 30 days of the due date, shall be reported to the City or its designate, the Community Development Commission of the City, for collection purposes. The City or designate shall begin collection procedures, using its best efforts, including penalties and interest, for any and all outstanding monthly BID bills. The annual assessment shall be prorated and collected as a monthly charge and shall be levied and collected by the designated fiscal agent of the City or its designate, the Community Development Commission of the City of National City. The fiscal agent shall estimate monthly assessments based upon the third quarter 2001, gross sales tax receipts of each and every car dealer. Monthly BID assessments shall commence in early December 2001 and be due on January 15, 2002. Thereafter, the fiscal agent shall issue monthly billings, and make quarterly adjustments between the estimated amount due, based upon the base period third quarter 2001, and the actual assessments due, based upon the assessment factor and actual sales commencing January 1, 2002. The City shall be the collection agent should any new car dealers refuse or delay payment into the BID. The assessments shall be collected and enforced in the same manner and with the same penalties and interest as in the case of the business tax certificates. For those businesses taxed, the City Treasurer shall determine the assessment to be levied upon issuance of the City business tax certificate. The City Treasurer and the -Finance Director are each authorized to revoke the business tax license of any member of the District who unjustifiably refuses to pay the assessment or monthly installment, when due. Section 4. Effective January 1, 2002, the District, through the City or its designate, shall also be responsible for the administration of the property owner -funded Landscaping and Lighting District approved in 1996. This district generates $100,000 in revenue per year and these funds can only be used to maintain lighting and landscaping services. A portion of those funds may be used to offset administrative costs related to the overall management of both the BID and the landscape maintenance district Ordinance No. 2001 - Mile of Cars Business Improvement District Page Five Section 5. The Council hereby fmds and determines that the public convenience and necessity require the establishment of the areas described and that all of the new car dealer businesses lying within the area will be benefited by the expenditure of the funds raised by the assessments or charges proposed to be levied. Section 6. That all protests, both written and oral, are overruled and denied and the Council finds that there is not a majority protest within the meaning of Section 36523 of the Law. Section 7. That all of the new car dealers in the area established by this ordinance shall be subject to any amendments to the provisions of the parking and business improvement area law of 1989, codified as California Streets and Highway Code Section 36500, et seq. Section 8. That this Council shall review all of the assessments imposed pursuant to this ordinance annually, and shall retain responsibility for annual levy of assessments, notwithstanding any delegation of responsibility pursuant to this ordinance. Section 9. That any new car dealer within this district who unjustifiably fails or refuses to pay the annual assessment at the time or times specified shall be subject to the revocation of its business tax license by the City Treasurer or the Finance Director, upon the recommendation of the administrator or designate. Section 10. A. That a Mile of Cars Advisory Board shall be appointed by the Mayor, subject to confirmation by the City Council, the membership of which shall consist of five representatives from the new car dealers within the District that pay the assessments. B. Nominations for membership to the Advisory Board shall be made to the Mayor by the Mile of Cars Association. Upon initial appointment, the term of office of three (3) of the members will be for a term of three years, and two (2) members for a term of two (2) years. Thereafter, the term of office shall be for a period of two years. The Executive Director of the Community Development Commission of the City of National City and the City Manager, or their designates, shall be ex-officio members of the Advisory Board. C. The Advisory Board shall make such recommendations in accordance with Section 36530 of the Streets and Highways Code as shall be appropriate to the fiscal administration of the District. The Advisory Board shall be subject to the provisions of the Ralph M. Brown Act when conducting its meetings, which shall be held at least once a year. Ordinance No. 2001 - Mile of Cars Business Improvement District Page Six Section 11. That the City Council, pursuant to the request of the Community Development Commission, hereby delegates to the Community Development Commission of National City the responsibility for the administration and operation of the District. This delegation of responsibility shall be effective upon the filing of a certified copy of a resolution of acceptance of the delegation by the Community Development Commission with,the City Clerk. The City shall retain responsibility for the levy of the annual assessments as required by law. The City or its designate may enter into such contracts for the fiscal administration and management of the District as may be necessary and appropriate. The City or its designate may contract with the Mile of Cars Association to carry out the management and fiscal administration of the District. Section 12. That the City Clerk shall transmit a certified copy of this ordinance upon its adoption to the Chairman of the Community Development Commission of National City. Section 13. That this ordinance shall take effect and be in force 30 days after its adoption, and no business tax license for new car dealer commercial activities inconsistent with the provisions of this ordinance shall be issued unless application therefore was made prior to the date of adoption of this ordinance. PASSED and ADOPTED this day of , 2001. George H. Waters, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney A EXHIBIT "A" MAP OF THE DISTRICT EXHIBIT KBH 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 should be expended as follows, subject to ongoing review by the designated Management representatives: INCOME: Assessments Interest income Total receipts EXPENSE: $ 1,100,000.00 $ 1,000.00 $ 1,101,000.00 Advertising $ 891,250.00 Bank Charges $ 150.00 Depreciation $ 800.00 Dues and subscriptions $ 150.00 Insurance $ 2,600.00 Legal and professional $ 14,000.00 Entertainment (Christmas party) $ 1,200.00 Miscellaneous $ 1,000.00 Office expense $ 500.00 Outside service - Bob Shumake $ 36,000.00 Outside services - New City America $ 25,000.00 Professional - Silberman and Sloan, LLP $ 13,850.00 Professional - legal $ 5,000.00 Repairs and maintenance - signs $ 12,000.00 Sign purchases $ 41,600.00 Taxes and licenses $ 900.00 Utilities $ 45,000.00 Reserve $ 10,000.00 Total Expenditures $ 1,101, 000.00 EXmBIl "C" ASSESSMENT METHODOLOGY: The assessment methodology, as approved and recommended to the City by the Mile of Cars Association Board of Directors on June 12, 2001, is based upon a minimum annual first 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 designated 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. Refusal to pay into the district shall also be considered a violation of a City ordinance, thereby subjecting the offender to the revocation of its business tax license. 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. 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 Mile of Cars Business Improvement District Exhibit "C" Page Two 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 of each year to the Community Development Commission of National City. 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. City of National City, CAlifornia COUNCIL AGENDA STATEMENT MEETING DATENovember 6, 2001 *Refer to Item #1 AGENDA ITEM NO. 27 TITLEORDINANCE AMENDING NATIONAL CITY MUNICIPAL CODE CHAPTERS 9.32 (ADVERTISING DISPLAYS BORDERING FREEWAYS), 18.04 (DEFINITIONS), 18.16 (COMMERCIAL ZONES), 18.62 (SIGNS AND OUTDOOR ADVERTISING DISPLAYS), AND 18.92 (OUTDOOR DISPLAY OR SALE OF MERCHANDISE) CASE FILE NO. A-2001-3 PREPARED TSteve Ray DEPARTMENT EXPLANATION A separate agenda item addresses the public hearing for the changes covered in the proposed ordinance. Planning Environmental Review X N/A Financial Statement N/A STAFF RECOMMENDATION Adopt the proposed ordinance. Rio BOARD / COMMISSION RECOMMENDATION N/A 1 rpo TACH ropo (9/80) S 4Listed Below ) Account No. Resolution No. ORDINANCE NO. 2001 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING NATIONAL CITY MUNICIPAL CODE CHAPTERS 9.32 (ADVERTISING DISPLAYS BORDERING FREEWAYS), 18.04 (DEFINITIONS), 18.16 (COMMERCIAL ZONES), 18.62 (SIGNS AND OUTDOOR ADVERTISING DISPLAYS), AND 18.92 (OUTDOOR DISPLAY OR SALE OF MERCHANDISE) BE IT ORDAINED by the City Council of the City of National City that the National City Municipal Code is hereby amended to read as follows: Section 1. That Chapter 9.32 is amended by changing the title of said Chapter to "Advertising Displays Bordering Freeways". Section 2. That Chapter 9.32 is amended by repealing Section 9.32.030. Section 3. That Title 18, Chapter 18.04 is amended by repealing sections 18.04.602 and 18.04.604. Section 4. That Title 18, Chapter 18.16, Section 18.16.195 is hereby amended to read as follows: 18.16.195 Markets that sell seafood. Markets that sell fresh or frozen seafood that are less than twenty-five thousand square feet in area shall be located a minimum distance of three hundred feet from any residentially zoned properties. A conditional use permit shall be required for all markets that sell fresh or frozen seafood. This section shall not apply to manufacturers' prepackaged frozen products. Section 5. follows: That Title 18, Chapter 18.62 is amended in its entirety to read as CHAPTER 18.62 SIGNS AND OUTDOOR ADVERTISING DISPLAYS Sections: 18.62.010 Purpose and intent 18.62.020 Unlawful display of signs or banners —Prohibited 18.62.030 Definitions 18.62.040 Site Plan Review required 1 Amending Titles 9 and 18 18.62.050 Design 18.62.060 Uniform Building, Electrical and Mechanical Code compliance required 18.62.070 Maintenance 18.62.080 Removal from abandoned site or building 18.62.090 Signs permitted in all zones 18.62.100 Flags and banners —Regulated 18.62.110 Large permanent signs in Commercial, manufacturing and institutional zones 18.62.120 Large permanent signs in shopping centers 18.62.130 Small permanent signs in commercial, manufacturing and institutional _zones 18.62.140 Pole -mounted signs in commercial and manufacturing zones 18.62.150 Roof -mounted signs in commercial and manufacturing zones 18.62.160 Revolving signs in commercial and manufacturing zones 18.62.170 Small temporary window signs in commercial and manufacturing zones 18.62.180 Projecting signs in commercial and manufacturing zones 18.62.190 Signs for churches 18.62.200 Mural -type signs in commercial zones 18.62.210 Signs prohibited in all zones 18.62.220 Nonconforming signs 18.62.230 Constitutional severability 18.62.010 Purpose and intent. The purpose and intent of this chapter is to: A. Aid in the identification of properties, land uses and enterprises; B. Improve traffic safety by reducing visual distractions and physical obstructions and hazards; C. Enhance the general appearance and aesthetics of the urban environment; and D. Protect the natural beauty of the city's open space. 18.62.020 Unlawful display of signs and banners —Prohibited. A. Except as provided in this Chapter 18.62, it is unlawful for any person or entity to install, maintain or allow the installation or maintenance of a sign or banner as defined in this chapter in any zone. B. The reference to a specific prohibition in this Section 18.62.020 shall not affect the validity and effect of the general prohibition set forth in Section 18.02.080 or its application regulating the uses of property outlined throughout the remainder of Title 18 of the National City Municipal Code, nor shall it affect chapter 10.54 prohibiting the maintenance of graffiti as a public nuisance. C. Chapter 18.62 shall not apply to any governmental agency or to any regulatory sign prescribed or required by federal or state law or local ordinance. D. Nothing in this Chapter is intended to authorize the installation of a sign or banner without the permission of the owner or occupant of that property. 2 Amending Titles 9 and 18 E. Within this chapter, all regulations shall refer and apply only to "on -site" displays of signs and banners. When a regulation is made applicable to an "off -site" display, it shall be so designated. Unless so designated, off -site displays are prohibited. 18.62.030 Definitions. As used in this Chapter, and in addition to the definitions in chapter 18.04, the following definitions or concepts shall be applicable: A. "Banner" is any flexible material, such as cloth, plastic, vinyl, paper, cardboard or thin metal, with or without a "message", attached outdoors to a building, structure or mounting device, or attached indoors to a building, structure or mounting device so as to be "visible from the exterior" of a building or structure. The term "banner" includes a "pennant", "flag" or "bunting". B. "Bunting" is a form of "banner" that is typically presented and displayed in a folded or gathered fashion or combination. It may include a display in combination with a "flag" or "banner". Depending on the format of the display, the term may be synonymous with "banner". C. "Business premises" refers to specific business occupancy within a building or upon a parcel of land, typically having a specific address and discrete entrance(s) and exit(s) so as to maintain a specific business identity and location. D. "Changeable copy sign" refers to a sign displaying a "message" that is changed by means of moveable letters, slats, lights, light emitting diodes or moveable background material. E. "Directional sign" is any individual sign used to provide directions to pedestrians and vehicular traffic. It shall not include a grouping or mosaic of individual signs that are arranged in such a manner as to constitute a larger sign F. "Flag" is a form of "banner" that is mounted and displayed outdoors on a pole. G. "Frontage," when used as a measurement reference of a building or business premises, shall refer to the distance between the two most distant corners of a building measured in a straight line along the building face bordering the adjoining street. See Section 18.04.260 pertaining to "frontage" when made applicable to a parcel of land. It shall also refer to the elevation of a building that abuts or adjoins a private or public right of way or parking lot. H. "Height". The distance measured vertically from grade to the highest point or portion of the object to be measured or height limited. I. "Illuminated sign" means a sign whose message is made readable by internal or external lights or light emitting diodes, typically during hours of darkness. J. "Install" or "installation" includes but is not limited to the act by which a "sign" is constructed or placed on land or a structure, or the act of attaching, painting, printing, producing or reproducing, or using any other method or process by which a visual message is presented or placed upon a surface. K. "Message" meansany form of visual communication presented on any type of media. It is not material whether the communication has any logical, practical, literary or artistic significance or not. It includes any form or combination of letters, graphics, symbols or designs. The term is not intended to include mono -color paint applied to the exterior, trim, fascia, or other architectural elements of a building for protection against the elements. 3 Amending Tides 9 and 18 L. "Mural" or "mural -type sign" means a sign painted on the exterior wall of a building consisting of graphics or images, either alone or in combination with letters. M. "Off -site" or "Off -site sign" refers to a sign or banner that promotes or advertises goods, services or activities located or offered on a business premises or parcel that is separate from the parcel where the sign is located, even if the two sites or parcels are contiguous to each other. N. "On -site" or "on -site sign" refers to a sign or banner that promotes or advertises goods, services or activity located or offered on the business premises or parcel of property where the sign is located. O. "Outdoors" means a location on undeveloped property or to the exterior of a building or structure. P. "Outdoor advertising" refers to the placement of a message on signs or banners located "outdoors", or located indoors in a manner such that the message is "visible from the exterior" of a building or structure. Q. "Parcels" or "property" or similar references or descriptions shall refer to parcels defined or delineated by Assessor Parcel Numbers maintained by the County Tax Assessor or as defmed by Sections 18.04.476 and 18.04.386 of this Code. R. "Pennant" is a banner with three sides. S. "Permanent sign" means a sign that is solidly attached to a building, structure or the ground by means of mounting brackets, bolts, welds or other combination of attachment methods, thereby rendering the sign non -moveable or difficult to reposition without the use of machinery, cutting devices or mechanical devices. See also "temporary sign". T. "Political sign" for the purposes of this Chapter means and is limited to refer only to a sign associated with a candidacy to an elected office or a ballot measure to be decided at a specific election. It does not pertain to any other type of message or commentary of political or social expression or nature. U. "Projecting sign" is any sign which projects beyond a building face and uses a wall or vertical element of a building as its main source of support. A projecting sign includes a double-faced sign that is installed more or less perpendicular to the face of a building so as to allow a message to be viewable from either side. A projecting sign does not include signs that are installed along the face of a building and that are completely attached to the face of a building. V. "Shopping Center" shall mean a group of commercial buildings as defined in section 18.04.596. W. "Sign" as used in this Chapter 18.62, shall generically refer to any medium through which a "message" is conveyed which is placed "outdoors" in any zone or is "visible to the exterior" of a commercial or industrial building or structure. It shall include a "banner" and any of the following: (a) Any "advertising display" defmed in Section 9.32.010. (b) Any "message" painted, printed or otherwise produced or affixed on or (1) The exterior of a building or structure; or (2) A rigid or semi -rigid material or surface, such as wood, metal or plastic, attached to a building, structure or pole, or which is itself free-standing; or to: Amending Titles 9 and 18 (3) An inflatable balloon or other three-dimensional object that is tethered or fastened to a building, structure, pole or the ground. X. "Temporary sign" means a sign that is easily moveable and which is not attached to a building, structure or the ground in such a manner as to be rendered a "permanent sign". Y. "Visible to the exterior" refers to the placement of a sign or banner within the interior first eight feet of a commercial or industrial building or structure in such a manner so that it or its message is readily visible on an immediately contiguous public right-of-way, parking lot or parcel. To be visible does not require that the message be understandable or readable. 18.62.040 Site Plan Review required. A. Except as exempted in Section 18.62.040B, signs allowed by this chapter may not be installed until a site plan review is conducted (see Chapter 18.128), and a finding of compliance with the design criteria in Appendix A of the National City Land Use Code by the Planning Director is completed. Signs that are not consistent with the design criteria outlined in Appendix A of the National City Land Use Code may not be installed. This determination may be appealed pursuant to the provisions of Chapter 18.128, and Sections 18.134.010 and 18.034.020. B. Site plan review shall be limited to considerations of the location, installation or placement, size, public safety and sight distance, view blockage, and comparable matters, and not to the content of the message conveyed by the sign or banner, except when the publication of such message is unlawful. C. Site Plan review is not required for signs allowed by Sections 18.62.090, 18.62.100 and 18.62.170. 18.62.050 Design. The design of all signs shall comply with the design guidelines described in Appendix A of the National City Land Use Code, "Standards for On -Premises Signs." It shall be the duty of the Planning Commission to interpret these guidelines in the manner prescribed in Section 18.134.020. 18.62.060 Uniform Building, Electrical and Mechanical Code compliance required. No sign shall be installed that does not comply with the applicable Uniform Building, Mechanical and Electrical Codes adopted by the City. Permits for installation shall be obtained, when required, prior to any installation, from the director of Building and Safety. 18.62.070 Maintenance. All signs and their supporting structures and components shall be maintained in a state of safe condition and good repair. Signs shall be "face washed" at least once a year. Electrically energized components must bear the seal of approval of an approved testing laboratory. Broken faces and burned -out lamps, bulbs or tubes must be replaced within thirty days from the date of notification from the City. 18.62.080 Removal from abandoned site or building. When the use of any parcel or building is vacated, terminated or abandoned for any reason for a period of more than one hundred twenty (120) consecutive days, the owner or person in possession of the property shall be responsible for the physical removal of all signs on the property, building or wall(s), and 5 Amending Titles 9 and 18 for painting over the surface so as to obliterate any painted or printed signs on the building so that the copy is not visible, within thirty (30) days following notice from the City. Removal, painting out or obliteration shall be performed in a manner that does not create a blighting influence. 18.62.090 Signs permitted in all zones. The following signs shall be permitted in all zones. Site Plan Review pursuant to Section 18.62.040 shall not be required. A. Temporary signs on construction sites having the following specifications shall be permitted in all zones: 1. The maximum total area for signs at residential construction projects shall be twenty square feet. 2. The maximum area of signage at other construction projects shall be fifty square feet. 3. All signs must be removed prior to and as a condition of the fmal inspection and approval of the project. B. A maximum of two (2) temporary real estate signs for the sale or lease of property may be installed on developed or undeveloped property in all zones, with the following requirements and specifications for the sign: 1. The maximum area of signage allowed per parcel per street frontage in commercial and industrial zones shall be a total of fifty (50) square feet. 2. The maximum area of signage allowed per parcel per street frontage in residential zones is six (6) square feet. 3. Signs shall be unlighted only. 4. Signs shall be removed within seven (7) days following the lease or sale of the premises on which the sign is displayed, C. Temporary off -site signs pertaining to and in connection with the sale or leasing of housing, business, and industrial subdivisions within the City shall be permitted in all zones, subject to the following requirements: 1. The maximum area of all signs shall be limited to one hundred square 2. Signs shall not be located within required setback areas. 3. Any message on signs located within six hundred sixty feet (660') of any freeway shall not be oriented towards or viewable from a freeway. 4. Signs shall be unlighted only; reflective or fluorescent materials or exterior coatings shall not be used. 5. Signs shall be not installed for more than 180 days. D. One identification sign not exceeding one hundred square feet, or two identification signs not exceeding fifty square feet each shall be permitted for multi -family dwellings and apartments, clubs, lodges, and similar uses. E. Political signs are allowed in all zones, subject to the following provisions: 1. No political sign shall be placed on the public right-of-way, streets or sidewalks or on public property or structures. If a sign is placed on the public right-of-way, on public property or a public structure, the Director of Public Works shall remove the sign and assess a charge for removal to the person or entity responsible for the placement of the sign, or on whose behalf the sign was placed. feet. 6 Amending Titles 9 and 18 2. Messages on signs located within six hundred sixty feet (660') of a freeway shall not be oriented towards or viewable from a freeway. 3. All political signs shall be removed no later than seven days following the corresponding election. 4. Individual signs shall not exceed thirty-two square feet in size. F. Directional signs which do not exceed three (3) square feet in size per sign. G. Temporary on -site or off -site signs including inflatable displays advertising special events which have been permitted under Chapter 15.60, may be allowed in all zones no earlier than thirty (30) days before and no later than five (5) days after the event. H. The display on any parcel of any single sign, flag or banner that is less than six (6) square feet in area, except that if a home occupation permit has been issued for a residential parcel, this exemption shall not apply and that property shall be subject to all the requirements of this chapter. I. Other signs that the Planning Commission determines to be consistent with the purpose and intent of this chapter shall be allowed. 18.62.100 Flags and banners —Regulated. A. Flags and banners may be displayed on automobile sales lots without time limitation or site plan review provided that: 1. The displays are properly maintained; 2. Displays are limited to the perimeter of the lot; 3. Displays do not exceed a height of twenty-five feet above the ground. B. Flags and banners may be displayed on other commercial and industrial uses for a cumulative period of sixty (60) days within each calendar year. The time limit commences when a banner permit is issued by the Planning Director. The sixty-day period may be divided into two occasions per calendar year, provided the total display time does not exceed sixty (60) days per calendar year. A banner permit fee and an administrative fee in an amount representing the anticipated City enforcement costs in causing the applicant to remove flags or banners shall be paid to the City Treasurer at the time of application for site plan review. The administrative fee shall be refunded upon the verified removal of the flag or banner by the specified deadline. C. The following shall apply to all displays of flags and banners: 1. Flags and banners must be removed by the owner or occupant within fifteen (15) days after a determination by the Planning Director that the.. display is improperly maintained or the flag or banner is tattered or worn. 2. Flags and banners shall not be displayed in lieu of a permanent sign. 3. Violation of the time limits established by section 18.62.100B shall render the site ineligible for issuance of a permit for display of a banner for a period of one year from the date that the violation is abated. 4. The restrictions of this Section 18.62.100 shall also apply to signs and banners located within the first eight feet (8') of the interior of commercial or industrial premises when such sign or banner is visible to the exterior. 7 Amending Tifles 9 and 18 18.62.110 Large permanent signs in commercial, manufacturing and institutional zones. Except in shopping centers, large permanent signs exceeding twenty-five (25) square feet in area may be installed on or along the face of a building in commercial, manufacturing or institutional zones, subject to the following specifications and restrictions: A. Signs shall be limited to one sign per business premise per frontage along a street, freeway or parking lot. B. Sign area on the primary frontage shall not exceed thirty percent (30%) of the area of the building face or four square feet of sign for each lineal foot of building face along that frontage, whichever is greater. C. Sign area on a secondary frontage shall not exceed fifteen percent (15%) of the area of the building face or two square feet per lineal foot of secondary frontage, whichever is greater. D. The sign face shall not be located, such as by a cabinet, deep lettering or architectural feature, more than eighteen inches (18") from a building face unless an. exception is approved pursuant to site plan review. 18.62.120 Large permanent signs in shopping centers. Large permanent signs for businesses within a shopping center shall be limited to one per business premises per frontage on a common walkway, parking lot, driveway, alleyway, street or freeway. The size and placement of these signs shall conform with the standards specified by section 8.62.110C and D, as well as standards that may be applied through any required City Council or Planning Commission approval, including but not limited to a conditional use permit, planned development permit, specific plan or variance. 18.62.130 Small permanent signs in commercial, manufacturing and institutional zones. Any permanent sign measuring less than twenty-five square feet and not described elsewhere in this chapter shall be considered a small permanent sign that shall only be permitted in commercial, manufacturing and industrial zones as follows: A. Small permanent signs shall be permitted only in windows or along the face of a building. B. The total area of all small permanent signs and any allowable small temporary signs combined shall not exceed ten percent (10%) of the wall or elevation on which the sign is placed. 18.62.140 Pole -mounted or freestanding signs in commercial and manufacturing zones. Pole -mounted or freestanding signs are permitted in the commercial and manufacturing zones, subject to the following requirements: A. Pole signs or freestanding signs shall be limited to one sign per frontage on street, freeway or parking lot and may include a cluster sign identifying individual businesses on the parcel(s). B. The total area of any sign installed along the primary frontage shall not exceed four square feet per lineal foot of property on the primary frontage. C. The total area of any sign installed along each secondary frontage shall not exceed two square feet per lineal foot of property on the secondary frontage. 8 Amending Titles 9 and 18 D. Sign structures shall not be placed within the required setback area, except that projecting signs may protrude into or overhang a maximum distance of one-half of the setback. 18.62.150 Roof -mounted signs. A. Except as provided in subsection B, signs shall not be installed on roofs in any zone. B. Roof signs may be authorized in commercial and manufacturing zones if the Planning Commission determines that no other form of sign arrangement can effectively serve to advertise on -premises goods, services, or businesses. The maximum total area of a roof sign shall not exceed thirty percent (30%) of the area of the front building face of the building upon which the sign is to be located. Authorized roof -mounted signs shall not project outward over the face of the building. 18.62.160 Revolving signs in commercial and manufacturing zones. Signs that revolve shall be restricted to those that rotate three hundred sixty degrees and no more than eight revolutions per minute. Revolving signs shall be permitted only in commercial and manufacturing zones. 18.62.170 Small temporary window signs in commercial and manufacturing zones. One or more temporary signs, each of which is less than twenty-five square feet in area, shall be permitted per parcel in commercial and manufacturing zones. Temporary signs shall not be fastened directly to the exterior wall or face of any building. Such signs may be displayed in windows or on display boards, provided the combined total area of all signs does not exceed ten percent (10%) of the area of the building face upon which the signs are mounted. (See Section 18.62.100 for restrictions on flags and banners). 18.62.180 Projecting signs in commercial, manufacturing and institutional zones. A projecting sign may be permitted in all commercial, manufacturing and institutional zones, subject to the following conditions: A. Projecting signs shall not project over any public right-of-way, including streets or alleys, except as provided in Subsection D. B. The maximum height of projecting signs shall be twelve feet, and may project above any eave or parapet of less than twelve feet in height, but may not project inward over any such eave or parapet. C. The maximum area of a projecting sign shall be thirty-two square feet. D. Projecting signs may project over street parkways and required setback areas a maximum of one-half of the street parkway or setback width, but in no case shall the projection exceed that allowed for marquee signs as set forth in Appendix A of the National City Land Use Code. For the purpose of this section, "street parkway" is defined as that part of the public street right-of-way lying between the front property line and the edge of the roadway. E. No more than one projecting sign shall be placed on each street frontage per business premises. F. A projecting sign shall be permitted only in lieu of a freestanding or marquee sign, and may not be utilized in addition to a freestanding or marquee sign. 9 Amending Titles 9 and 18 G. Projecting signs shall be supported so as to appear to be an architectural and integral part of the building. The sign shall be free of any extra bracing, angle iron, guy wires, or cables. 18.62.190 Signs for churches. Churches may display one wall mounted sign not to exceed twenty square feet in area, and one freestanding changeable copy directory sign not to exceed six feet in height and twenty square feet in area; provided, however, that the signs shall be architecturally related to the structure to which they are appurtenant. Any illumination of the sign is to be achieved only through the use of non -flashing, indirect or internal lighting, and shall not reflect upon other properties. 18.62.200 Mural -type signs in commercial zones. Mural -type signs not exceeding one hundred ten square feet in area shall be allowed in commercial zones in lieu of a fixed sign. 18.62.210 Signs prohibited in all zones. Notwithstanding Section 18.62.020A, the following signs are strictly prohibited in all zones: A. Signs that obstruct any window, door, or opening used or required as a means of regular ingress and egress, legal light and ventilation, as a fire escape or other emergency access or escape. B. Signs placed on public property or within the public street right-of-way C. Signs placed on property without permission of the property owner or occupant. D. Signs on fences. E. Except as provided in Section 18.62.090B, 18.62.090C or 18.62.090F, signs on vacant or unimproved land. F. Any sign whose intensity of illumination, or size, shape or location interferes with the safe operation of a vehicle or creates distraction to the operator of a motor vehicle on adjoining public streets. G. Animated and flashing signs exceeding the following limits or restrictions: 1. Flashing signs are limited to a maximum illumination equivalent to incandescent bulbs of sixty watts per bulb maximum, and shall not flash more than sixty times per minute. "Chasers" are prohibited. 2. High intensity neon lights, tubes or "flashing" lights exceeding sixty watts are prohibited on animated or flashing signs. 3. Rotating beacon -type lighting elements on signs are prohibited. H. Off -site signs, including billboards, except as allowed by Section 18.62.090. I. Temporary signs, except as permitted by Section 18.62.170. J. Inflatable signs and displays, unless authorized pursuant to a temporary use permit issued under chapter 15.60. K. Signs mounted on motor vehicles that are in violation of Section 7.20.150, or signs exceeding twenty-five (25) square feet mounted on motor vehicles parked for more than 8 hours in any 24-hour period on private property. 10 Amending Titles 9 and 18 18.62.220 Nonconforming signs. Any sign that is made non -conforming by enactment of Ordinance may continue to be maintained or displayed, subject to the provisions of Section 18.108.150 regarding the continuance and abatement of nonconforming signs. 18.62.230 Constitutional severability. The City Council declares that the judicial invalidity of any section or portion of this chapter shall not affect the validity of any other remaining section or portion., that the Council would have adopted each of those remaining portions, notwithstanding any later declared invalidity. If any provision determined invalid under the preceding sentence can either be judicially severed or interpreted in a way that could harmonize it with the remaining provisions, then it may be severed or interpreted and applied so as to give full purpose, meaning and .effect to the remaining provisions of this chapter. Section 6. follows: Sections: 18.92.010 18.92.020 18.92.030 18.92.040 That Title 18, Chapter 18.92 is amended in its entirety to read as Chapter 18.92 OUTDOORS DISPLAY OR SALE OF MERCHANDISE Outdoors display or sale of merchandise prohibited —General Permitted displays Special promotions Seasonal sale of Christmas trees and pumpkins 18.92.010 Outdoors display or sale of merchandise prohibited —General. A. The outdoors display or sale of merchandise on public or private property is unlawful, except as provided in this chapter or Chapter 7.21. Merchandise is displayed outdoors when it is placed to the exterior of a building or structure. B. The inclusion of a specific prohibition in this Section 18.92.010 shall not affect the general prohibition set forth in Section 18.02.080 or its application creating restrictions on the uses of property outlined throughout the remainder of Title 18 of the National City Municipal Code. C. The term "merchandise" is as defined in Section 10.22.010 and means any tangible object of nominal or value greater than one cent ($.01), including, but not limited to, all manufactured products, food, goods and flowers, but excluding "newspapers" defined in Section 10.22.O10D. 18.92.020 Permitted displays in commercial and industrial zones. A. In commercial and industrial zones, service stations, auto dealers, recreational vehicle sales lots, nurseries, licensed flower shops, and building material yards may display merchandise outdoors only on the same site approved for the business. 11 Amending Titles 9 and 18 B. Other businesses in commercial and industrial zones shall not display or sell merchandise outdoors except pursuant to a determination by the Planning Director under Section 18.104.040 that the display would be customary with that type of business and consistent with or comparable to the types of uses described in Section 18.92.020A. 18.92.030 Special promotions. A. Except as allowed by Section 18.92.020, all other businesses in the commercial and industrial zones are permitted to have special promotions at which outdoors display and sales will be allowed, limited to a maximum of three consecutive days each, including all set-up and takedown time. No business shall have more than two such sales in a calendar year. There shall be a period of at least thirty days between sales. B. Special promotions involving outdoor display of merchandise which aie to last more than three days, or would involvemore than two such sales in any calendar year, are not allowed unless City Council approval in accordance with Chapter 15.60 is first obtained. All sales shall be limited to the site approved for the business. C. No business shall conduct a special promotion with an outdoors display on a property unless the business has a permanent business address on that property. This restriction shall not apply to sales conducted entirely indoors. 18.92.040 Seasonal sale of Christmas trees and pumpkins. A. The seasonal sale of Christmas trees and pumpkins outdoors is permitted only in commercial zones on property developed with a commercial use or on vacant property in a commercial zone. B. Displays and sales of Christmas trees and pumpkins are limited to thirty-five (35) days each, including installation and removal of all related materials. A business license shall be obtained each year prior to setting up displays. Section 7. That the City Council fmds that the proposed Code Amendment to Chapter 18.16 is consistent with the General Plan, since the General Plan contains policies that encourage the careful review of uses which may not be compatible with adjoining neighborhoods and business districts. The Conditional Use Permit and distance requirements will ensure that seafood odors do not adversely impact surrounding properties, while the exemption for frozen seafood will avoid an unnecessary review process, which can discourage establishment of new business, and one of the economic development goals of the General Plan is to provide a favorable climate for attracting new, high -quality business activity into the City. Section 8. That the City Council fmds that the Code amendments to Chapter 18.04, 18.62 and 18.92 concerning definitions, signs, outdoor advertising displays, outdoor displays of merchandise, and signs bordering freeways, are consistent with the General Plan, as the General Plan calls for review of National City's zoning and development ordinances to achieve implementation of General Plan policies and programs, as well as to implement standards to improve signage to support compatibility with adjacent land uses and strengthening of the overall business environment; and the proposed changes are needed to facilitate enforcement and to 12 Amending Titles 9 and 18 clarify existing requirements for signage, and also to reduce signage in limited situations where excessive temporary signs could be installed or placed, while maintaining iining opportunities for business advertising. Section 9. That the City Council finds that the proposed amendments are exempt from the California Environmental Quality Act (CEQA), on the basis that there is no possibility that the proposal will have a significant environmental effect, since the amendments will modify the Code requirements regarding the regulation of seafood markets, definitions, outdoor advertising displays, outdoor displays of merchandise, and signs bordering freeways, and will neither modify the zoning designations nor increase the intensity of use for any property. PASSED and ADOPTED this day of 2001. ATTEST: Michael R. Dalla City Clerk APPROVED AS TO FORM: /."30.6:1111C George H. Eiser, III City Attorney George H. Waters, Mayor 13 Amending Titles 9 and 18 City of National City, California COUNCIL AGENDA STA1EMENT MEETING DATE November 6, 2001 HOLIDAY SEASON CITY COUNCIL RECESS PREPARED BY Tom G. McCabe EXPLANATION. AGENDA ITEM NO. 28 DEPARTMENT City Manager The City Council has adopted a policy of observing two breaks from the regular schedule of meetings during the year. The first, a post -budget recess, is planned around the 4th of July holiday. The second recess falls over the Christmas and New Year holidays. During this year's holiday season, Council is scheduled to meet on Tuesday, December 4, Tuesday, December 18, Tuesday, January 1, and Tuesday, January 15. Christmas Eve falls on Monday, December 24 and Christmas Day on Tuesday, December 25. Both days are designated holidays. New Years Day is Tuesday, January 1 and will be observed on that day. In the past, we have provided the Council meeting prior to Christmas as a recess day and travel time for employees. In order to provide all interested parties with advanced notice for planning purposes, the Council should designate now the schedule that will constitute the holiday season recess. Environmental Review X N/A Financial Statement N/A Account No. STAFF RECOMMENDATION This item is provided for informational purposes only. Formal Council action is not required unless Council desires to change the recess schedule. BOARD/COMMISSION RECOMMENDATION N/A T CHMENTS (Listed Below) Calendar - December and January Resolution No { A-200 (Rev. 9/80) 0 December 201 December.2001 January 2002 SM T W T F S S M T W T F S 2 3 4 5 6 7 ff.. 6 7 8 9 10 11 12 9 10 11 12 13 14 15 13 14 15 16 17 18 19 16 17 18 19 20 21 22 20 21 22 23 24 25 26 23 24 25 26 27 28 29 27 28 29 30 31 30 31 Monday Tuesday * City Hall Closed Christmas Eve Leslie Deese Council Meeting Council Meeting * City Hall Closed Christmas Day Wednesday Thursday 1 Friday Sat/Sun December 1 15 16 23 29 30 11/1/2001 January 2002 Leslie Deese January 2002 February:2002 SM TWT F S S M TWT F S 6 7 8 9 10 11 12 3 4 5 6 7 8 9 13 14 15 16 17 18 19 10 11 12 I3 14 15 16 20 21 22 23 24 25 26 17 18 19 20 21 22 23 27 28 29 30 31 24 25 26 27 28 Monday Tuesday Wednesday Thursday Friday Sat/Sun * City Hall Closed Council Meeting New Year's Day 1 11/1/2001 `Ftihra� I;AEETING DATE City of National City, C4'alifornia COUNCIL AGENDA STATEMENT November 6, 2001 29 AGENDA ITEM NO. ITEM TITLE REQUEST BY THE NATIONAL SCHOOL DISTRICT TO REDUCE THE COST OF THE APPROVED USE OF THE COMMUNITY CENTER PREPARED BY Burton Myers EXPLANATION DEPARTMENT Public Works The South County Beginning Teacher Support and Assessment program was approved on August 7, 2001 to use the Community Center for eight dates this year (for a total of $2,715.03). The South County Beginning Teacher Support and Assessment group decided to use the Community Center for only three dates, therefore the costs were reduced to $857.74. The National School District Assistant Superintendent is now requesting that the fees be reduced to pay for only the custodial fees, for a total of $201.06, instead of the $857.03. (Note the group has already paid the $857.74. therefore the City would have to refund $656.68). Environmental Review N/A Financial Statement Approved A loss of $656.68 if the request is - . oved to pay only for custodial By: Finance Director // N II • ees o STAFF RECOMMENDAT Council decision on a redu August 7, 2001. BOARD / COMMISSION RECOMMENDATION N/A wni Account No. was previously approved by the City Council on ATTACHMENTS ( Listed Below ) 1. National School District letter dated October 22, 2001 2. Council Meeting Minutes of August 7, 2001 Resolution No. A-200 (9,99) • NATIONAL .SCHOOL DISTRICT 1500 N AVENUE • NATIONAL CITY, CA 91950 • (619) 336-7500 FAX (619) 336-7505 Mr. Bert Myers, Director Public Works Department City of National City 1243 National City Blvd. National City, CA 91950 Dear Mr. Myers: Of NATIONAL C.4TM Er,,;7"FitING DEPT. R J 4s :aJ 9. V L October 22, 2001 This letter is written in regard to the National School District and the Beginning Teacher Support and Assessment (BTSA) Program using the Community Center for teacher trainings throughout this school year. Last year, the city generously allowed us use of the Community Center at no cost. This year, however, the cost relayed to us for meetings on October 23, 30 and November 14, totals $857.74. (The dates/costs of the meetings in January through May have not yet gone to the Council for approval.) Because the city has always worked with us in the past with regard to teacher trainings, and because the cost would greatly eat into the BTSA budget, I contacted Mayor Waters office to see if there was any way the cost could be reduced. As I explained to the Mayor, this is a totally non-profit teacher training program, which directly enhances the teaching skills of the teachers of the National School District. Mayor Waters said that the amount could be reduced to cover the custodial cost; however, I understand from your office that in order to do this it has to be approved by the City Council. Please advise me as to the status of this request as soon as possible. You may reach me at 336- 7751. Sincerely, Ellen C. Curtin, Ed.D. Assistant Superintendent — Educational Services ECC:slh cc: Mary Lee Augustine BOARD MEMBERS: ROSAUE "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. ASSISTANT SUPERINTENDENT —BUSINESS SERVICES: MICHAEL J. CASTANOS ASSISTANT Si IPFRINTFNIIFNT_HI I IAM DceS I rvw11u1n " ••cell one VAIMPAIS 13ooK & irage L18 8/7/01 OLD BUSINESS NATIONAL CITY COMMUNITY CENTER (1101-5-1) 18. SUBJECT: Request to use the Cominunity Center for a Beginning Teacher Support and Assessment Progtarn and waiver of fees. RECOMMENDATION: None. TESTIMONY: Marsha Buckley -Boyle, 1923 Mesa Rd., El Cajon, .spoke in favor of the request, responded to questions and indicated they would be willing to pay the fees if necessary. ACTION: Motion by Waters, seconded by Soto, in favor of the request, provided the applicant pays the fees of $2715.03. Carried by unanimous vote. NEW BUSINESS CONDITIONAL USE PERMITS 2001 (403-16-1) 19. SUBJECT: Notice of Decision — Conditional Use Permit for expansion of a convenience store with the continued sale of beer and wine, at a gas station at 2336 Highland Avenue. (Applicant: Moshail Kamel) (Case File No. CUP-2001-8) (Planning) RECOMMENDATION: Staff concurred with the decision of the Planning Commission and recommended that the Notice of Decision be filed. TESTIMONY: None. ACTION: Filed. CONDITIONAL USE PERMITS 2001 (403-16-1) 20. SUBJECT: Notice of Decision — Conditional Use Permit for a youth boxing program and a variance for a reduction in parking requirements at 1018 National City Boulevard (Applicant: Clemente Casillas) (Case File Nos. CUP-2001-9, Z-2001-11). (Planning) RECOMMENDATION: Staff concurred with the decision of the Planning Commission and recommended that the Notice of Decision be filed. TESTIMONY: None. ACTION: Motion by Inzunza, seconded by Soto, in favor of staff's recommendation. Carried by unanimous vote. Book 83/Page 219 8/7/01 NEW BUSINESS TEMPORARY USE PERMITS 2001 (203-1-17) 21. SUBJECT: Temporary Use Permit — Christiansen Amusements — Carnival. (Building & Safety) RECOMMENDATION: Staff recommended approval of the City of National City, C tifornia COUNCIL AGENDA STATEMENT „MEETING DATE November 6, 2001 AGENDA ITEM NO. 30 ITEM TITLE PREPARED BY EXPLANATION TEMPORARY USE PERMIT — FATHER AND SON AUTO SALES - USED VEHICLE TENT SALE thleen Trees, Director DEPARTMENT 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 parking lot of Sweetwater Square Plaza, 3007 Highland Ave., from Friday, November 16 — Sunday, November 18, 2001. The hours of the sale are 9:00 a.m. until 9:00 p.m. This event involves only the sale of used cars from his lot in National City. D.J. music will be provided for entertainment from 12 p.m. through 9 p.m. during the event. CEnvironmental 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 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 Fair _ Demonstration _ Grand Opening _ Festival Community Event _ Circus _ Block Party Other Event Title: 0,.(e Event Location:/r—Gr/./� Event Date(s): From `/-/6/ to /j- f k Total Anticipated Attendance: Month/Day/Year ( Participants) ( Spectators) Actual Event Hours: -- /pm to �_ am/pi Setup/assembly/construction Date:/%-/6 Start time: ` .- 3® Ire) Please describe the scope of your setup/assembly work (specific details): ); f/ e3; -) AJ , r ,e /lit" re/ a-dvo Dismantle Date:P.-if - Completion Time: 9 JePti am/pm List any street(s) requiring closure as a result of this event. Include street name(s), day and time of clgsing and day and time of reopening. Sponsoring Organization: s¢-Rr-L ,E J 50'LI.3` 4/43 L''( For Profit Not -for -Profit Chief Officer of Organization (Name)/,/yi/") J9-RD zl•G51 ./ Applicant (Name); ® /�c=r:/S C� Address: / ®P tO /i/471{ �#94i// es • •ajj."--0 Daytime Phone:/f) 4179- 9/ Evening Phone: (_) Fax:'fj y'y 9ly/ Contact Person "on site" day of the event:-1.-/ Pager/ o%,�-->' ?/ f/ NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 1 Is your organization a "Tax Exempt, nonprofit" organization? _YES ' NO Are admission, entry, vendor or participant fees required? YES _ NO If YES, please explain the purpose and provide amount(s): $ Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ 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. YES _ NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: 2 _ YES - NO Does the event involve the sale or use of alcoholic beverages? I_ YES _ NO Will items or services be sold at the event? If yes, please describe: _ YES .NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. YES — .— NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing showing all streets impacted by the event--kair/'c� r`rp/.x 44(YES _ NO Does the event involve the use of tents or canopyegs; If YES:_,. Number of tent/canopies L/ Sizes /4 4 /s NOTE: A separate Fire Department permit is required tents or canopies. _ YES oKNO 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: ifjB n/ 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 clean condition.) Number of trash cans: vZ Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: (AZdG /477 ,)",,i4i-r 'To L EtAfte 44illy. 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: Please describe your plan for DISABLED PARKING: 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. YES _ NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: /VrDNI Number of Bands: /j/op 42 Type of Music: 0, X . ,4YES NO Will sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm _ YES a[ NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: id. Ov am/I Finish Time 9.'00 am/p Please describe the sound equipment that will be used for your event: _ YES -NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: „/YES _ NO Any signs, banners, decorations, special lighting? If YES, please describe: .4C;p1d S 4.4Jb /3110.4) S 7 ii 5 7 Revised 10/3/01 For Office 'Use Only Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department Ia e ' eceiv CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED Conditions of Approval SPONSORING ORGANIZATION: Father & Son Auto Sales EVENT: Used Vehicle Tent Sale DATE OF EVENT: November 16-18, 2001 TIME: 9:00 a.m. until 9:00 p.m. APPROVALS: PLANNING FIRE FINANCE POLICE SPECIFIC Conditions of Approval: YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x 1 NO [ 1 SEE CONDITIONS [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ 1 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 Person in Charge of Activity Address Telephone Date(s) of Use HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Offici - I Title G Date For Office Use Only Certificate of Insurance Approved Date 7 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE November 6, 2001 31 AGENDA ITEM NO. (-ITEM TITLE NOTICE OF DECISION -- CONDITIONAL USE PERMIT FOR THE SALE OF BEER 1 AND WINE (OFF -SITE CONSUMPTION), AND PRE -PACKAGED FISH IN A GROCERY STORE AT 3446 HIGHLAND AVENUE (APPLICANT: CANNED FOODS, INC.) (CASE FILE NO. CUP- 2001-15) PREPARED Y DEPARTMENT Andrew Hoskinson� Planning EXPLANATIONThe project site is a 22,430 square foot lease space in South Bay Marketplace located in the General Commercial (CG) zone on the west side of Highland Avenue immediately south of State Route 54. Dixieline, Old Navy, and McDonalds are among some of the businesses that occupy the shopping center. There are no residences nearby. The applicant proposes to operate a grocery store with beer and wine sales for off -site consumption. Additionally, they are proposing to sell pre -packaged frozen and smoked fish; there will be no fish preparation. The store is part of the Grocery Outlet chain, which has been in operation for 50 years and has 111 stores in eight states. The store is moving to National City from 660 L Avenue Chula Vista, where they have been since 1981. The Planning Commission considered the item at a public hearing on October 1, 2001. At the hearing, the applicant requested changes to two of the conditions for alcohol sales; the Police Department did not support the changes. The Commission did not grant the applicant's request, but did approve the permit with the standard conditions required for off -site alcohol sales, such as restrictions on signing and minimum size and quantities of containers sold. There were no issues identified regarding pre -packaged frozen or smoked fish. A Code amendment described in a separate Council agenda statement, would avoid a CUP for similar situations in the future. (-Environmental Review Financial Statement N/A (STAFF RECOMMENDATION N/A Exempt Account No. Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION The Planning Commission approved the Conditional Use Permit. Vote: Ayes — Unanimous ATTACHMENTS ( Listed Below ) 1. Planning Commission Resolution No. 33-2001 2. Location Map 3. Site Plan and Floor Plan Resolution No. A -too (9/80) RESOLUTION NO. 33-2001 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR THE SALE OF BEER AND WINE (OFF -SITE CONSUMPTION), AND PRE -PACKAGED FISH IN A GROCERY STORE AT 3446 HIGHLAND AVENUE APPLICANT: CANNED FOODS, INC. CASE FILE NO. CUP-2001-15 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit application for the sale of beer and wine (off -site consumption), and pre- packaged fish within a retail grocery store at 3446 Highland Avenue at a duly advertised public hearing held on October 1, 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-2001-15, 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 October 1, 2001, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the area proposed for the use consists of an approximately 112 square foot area in a 22,430 square foot retail grocery store within a 157,000 square foot commercial building located on 14.95 acres with adequate parking facilities, and since the proposed use will not increase parking requirements or affect existing development. 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 can be accessed from Highland Avenue, an arterial street, 5th Avenue or National City Boulevard, and since the use will not substantially affect expected traffic to the shopping center. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the building is over 500 feet from the nearest residences, and since the sale of beer, wine and fish within a retail grocery store will be an incidental use to the sale of other food items. In addition the strong management typical of large grocery store chains should further reduce the potential for adverse effect on adjacent or abutting properties. 4. That the proposed sale of fish at the grocery store is deemed essential and desirable to the public convenience or welfare, since it will eliminate the need for multiple stops for customers of the business. 5. That public convenience and necessity may be served by a proposed use of the property for the retail sale of alcoholic beverages pursuant to law. 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 sale of beer, wine and pre -packaged frozen and smoked fish at 3446 Highland Avenue. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibit A, Case File no. CUP-2001-15, dated 8/24/01. 2. Permittee shall comply with all regulatory provisions of the Business and Professions Code, section 25600 through 25667, currently in effect or as may be amended, regarding sales, displays and marketing or merchandising of alcoholic beverages. 3. The sale of alcoholic beverages shall be prohibited between the hours of 12:00 a.m. and 7:00 a.m. 4. The sale of beer or malt beverages in quantities of quarts, 22 ounce, 32 ounce, 40 ounce, or similar size containers is prohibited. 5. No beer and malt beverage products shall be sold in less than six-pack quantities per sale. There shall be no sale of single cans or bottles. 6. No sale of wine or distilled spirits shall be sold in containers of less than 750 milliliters, except for wine coolers. Wine coolers may be sold only by four -pack or other manufacturer's pre -packaged multi -unit quantities. 7. The sale of wine with an alcoholic content greater than 15% by volume is prohibited. 8. Permittee shall post signs to be approved by the Planning Department which comply with Chapter 10.30 of the National City Municipal Code, and at each entrance to the applicant's premises and parking lot, prohibiting loitering and consumption of alcohol on the premises and adjacent property under his control. Signs at the entrances may be 18 by 24 inches but shall be no less than 17 by 22 inches in size with lettering no less than one inch in height, and shall read as follows: • "No open alcoholic beverage containers are allowed on these premises." • "No loitering is allowed on or in front of these premises." 9. The consumption of alcoholic beverages is prohibited on the subject premises, and on all parking lots and outbuildings and any property or adjacent property under the control of the applicant. 10. All cups and containers shall be sold at or above prevailing prices and in their original multi -container packages of no fewer than 12, and no cups and containers shall be given free of charge. 11. Ice may be sold only at or about prevailing prices in the area and in quantities of not less than three pounds per sale. Ice shall not be provided free of charge. 12. The display of alcoholic beverages shall be limited to an area in substantial conformance with Exhibit A, Case File No. CUP-2001-15, dated August 24, 2001. 13. The rear door(s) of the premises shall be kept closed at all times during the operation of the business except in case of deliveries or emergencies. 14. Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 15. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of all other commodities during the same period. The applicant shall at all times keep records which reflect separately the gross sales of alcoholic beverages and the gross sales of all other items. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the City Finance Department and any Peace Officer of the California Department of Alcoholic Beverage Control upon demand. 16. No coin operated amusement devices shall be operated on the licensed premises. 17. 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. 18. 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. 19. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 47. B CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of October 15, 2001, by the following vote: AYES: VALDERRAMA, PARRA, FLORES, UNGAB, REYNOLDS, DETZER. NAYS: ABSENT: BACA, ABSTAIN: OS State Route 54 SCREENED DIXIEUNE STORAGE YARD Y SOUTH BAY MARKET PLACE EXISTING BUILDINGS e t. 4. 71 vo CITY BOUNDARY .�� ZONE BOUNDARY LOCATION MAP 3446 Highland Avenue CUP-2001-15 NATIONAL CITY PLANNING al* MOO DRN. DATE: 9/18/01 INITIAL HEARING: 10/1/01 IIIIIIIIIIIIIII • F • i • -o a•I Pk� I I I 11111111111111 I I I I I I I I 1iI`� ,'1 llllll 111 l OFFICE COOT rr IINaitIIIIIIIIwa�illlll Hill I d4) NATIONAL CITY PLANNING DEPT. EXHIBIT A CASE FILE NO. CUP-2001-15 DATE: 8/24/2001 - fur _I (IIIIIIII 1 pllllllllf . • a— • r II I r tI h101 it Zt I 11•ZI 1 1.1 I I - 1 hit JINN IiA hat lMI hr* ITEM #32 11/6/01 DISCUSSION OF VACATION OF ARCADIA PLACE - COUNCILMAN MORRISON Petition To: National City Planning Commission, and National City City Council We, the undersigned citizens of National City oppose the planned subdivision for 42 single- family residential parcels on the south side of Paradise Valley Road east of the terminus of E. 8th Street, Case file Nos. SP 2000.1, S-2000-3, IS-2000-10. We believe the proposed project would be detrimental to the quality of life in National City for the following reasons: • 42 homes and the creation of a new access road and street, on the proposed 10 acres, less unbuildable and graded areas is an unacceptable average per residence. • Proposes high -density housing with narrow lots and very limited recreational areas The proposed subdivision of 5000 square foot lots with a width of 40 feet and 15 foot setbacks is not even the minimum residential requirement in National City. • Inadequate off street parking per residence. • No provision for on -going maintenance of green areas nor individual properties. • The property currently shows heavy erosion There is no provision for halting nor improving potential erosion in the long term. • Citizens of National )ity would be heavily impacted by the increased traffic on Paradise Valley Road, E. 8th Streets and Plaza Blvd, all with exisl%g high traffic and high incidences of traffic aecidenis. • There are inadequate provisions for the protection of mitigating plants and animals. i '' obaLi a °"" 'li E11 .,2L Street Address Name „ City 2. 3. 4. Signature Name Signature Name Signature Name Street Address City Street Address City Street Address City Petition To; National City Planning Commission, and National City City Council We, the undersigned citizens of National City oppose the planned subdivision for 42 single- family residential parcels on the south side of Paradise Valley Road east of the terminus of lL+. 8th Street, Case file Nos. SP 2000-1, S-2000-3, IS-2000-10. We believe the proposed project would be detrimental to the quality of life in National City for the following reasons: 2. 3. 4. • 42 homes and the creation of a new access road and street, on the proposed 10 acres, less unbuildable and graded areas is an unacceptable average per residence. • Proposes high -density housing with narrow lots and very limited recreational areas. The proposed subdivision of 5000 square foot lots with a width of 40 feet and 15 foot setbacks is not even the minimum residential requirement in National City. • Inadequate off street parking per residence. • No provision for on -going maintenance of green areas nor individual properties. • The property currently, shows heavy erosion. There is no provision for halting nor improving potential erosion in the long term. • Citizens of National tity would be heavily impacted by the increased traffic on Paradise Valley Road; E. 8th Street, and Plaza Blvd, all with existing high traffic and high incidences of traffic accidents. • There are inadequate provisions for the protection of mitigating plants and animals S% re or Signature Name a' Street „.e (, ty City '3•7£ 1 P Street Address City Petition To: National City Planning Commission, and National City City Council We, the undersigned citizens of National City oppose the planned subdivision for 42 single- family residential parcels on the south side of Paradise Valley Road east of the terminus of E. 8th Street, Case file Nos. SP-2000-1, 5-2000-3, IS-2000-10. We believe the proposed project would be detrimental to the quality of life in National City for the following reasons: • 42 homes and thecreation of a new access road and street, on the proposed 10 acres, less unbuildable and graded areas is an unacceptable average per residence. • Proposes high -density horsing with narrow lots and very limited recreational areas. The proposed subdivision of 5000 square foot lots with a width of 40 feet and 15 foot setbacks is not even the minimum residential requirement in National City. • Inadequate off street parking per residence. • No provision for on -going maintenance of green areas nor individual properties. • The property currently shows heavy erosion. There is no provision for halting nor improving potential erosion in the long term. • Citizens of Nationaltity would be heavily impacted by the increased traffic on Paradise Valley Road, E. 8ei Street, and Plaza Blvd, all with existffig high traffic and high incidences of traffic accidents. • There are inadequate provisions for the protection of mitigating plants and animals. s 4 e< _ Cre�9h Name or 2. Signature . _t'lair KA Liu Uv Name 96,3E z P64-c c-: Street Address _A14-77,n Y1 c4. 9i95z) City 03 6)1-( Vjt eQ treet Address lerAsS)( g C 9G0 City 3. Street Ad N e/I City 4. �24.1±4lOD3 )CvvneheSroc • Street Ad' Signature City • Petition To: National City Planning Commission, and National City City Council We, the undersigned citizens of National City oppose the planned subdivision for 42 single- family residential parcels on the south side of Paradise Valley Road east of the terminus of E. 8th Street, Case file Nos. SP 2000-1, S-2000-3, IS-2000-10. We believe the proposed project would be detrimental to the quality of life in National City for the following reason • 42 homes and: the creation of a new access road and street, on the proposed 10 acres, less unbuildable and graded areas is an unacceptable average per residence. • Proposes high -density housing with narrow lois and very limited recreational areas. The proposed subdivision of 5000 square foot lots with a width of 40 feet and 15 foot setbacks is not even the minimum residential requirement in National City. • Inadequate off street parking per residence. • No provision for on -going maintenance of green areas nor individual properties. • The property currently shows heavy erosion. There is no provision for halting nor improving potential erosion in the long term. • Citizens of National'tity woulj be heavily impacted by the increased traffic on Paradise Valley Road, E. Ss` Street, and Plaza Blvd, all with esistThg high traffic and high incidences of traffic accidents. • There are inadequate provisions for the protection of mitigating plants and imals.. 1. 2. 3. store ,kv ID pv\ Ail Name u- l`�1 AR.I A A-IltDNI Name Name 4. Signature _j(4fhlee,. A-[uca- o Name `C33e18. Street AddressI°►SD City S3°I ti-hti Place Street Address t' TI©NAL CI r' CAJ 611950 City a RAce Street Ad _vo-t� .ly cp, 9 950 City gi 3 69-1.e1 Place Street Address Ns. , C/+ gi 750 Petition To: National City Planning Commission, and National City City Council We, the undersigned citizens of National City oppose the planned subdivision for 42 single- family residential parcels on the south side of Paradise Valley Road east of the terminus of E. 8a` Streets Case file Nos. SP-2000-1, S-2000-3, IS-2000-10 We believe the proposed project would be detrimental to the quality of life in National City for the following reasons • 42 homes and the creation of a new access road and street, on the proposed 10 acres, less nnbuildable and graded areas is an unacceptable average per residence. • Proposes high -density housing with narrow lots and very limited recreational areas. The proposed subdivision of 5000 square foot lots with a width of 40 feet and 15 foot setbacks is not even the minimum residential requirement in National City. • Inadequate off street parking per residence. • No provision for on -going maintenance of green areas nor individual properties. • The property currently shows heavy erosion There is no provision for halting nor improving potential erosion in the long term. • Citizens of National tity would be heavily impacted by the increased traffic on Paradise Valley Road, E. 8a' Streets and Plaza Blvd, all with eaistng high traffic and high incidences of traffic accidents. • There are inadequate provisions for the protection of mitigating plants and animals. 1. Petition To: National City Planning Commission, and National City City Council We, the undersigned citizens of National City oppose the planned subdivision for 42 single- family residential parcels on the south side of Paradise Volley Road east of the terminus of B. 8th Street, Case file Nos. SP-2000-1, S-2000-3, IS-2000-10. We believe the proposed project would be detrimental to the quality of life in National City for the following reasons • 42 homes and the creation of a new access road and street, on the proposed 10 acres, less nnbuildable and graded areas is an unacceptable average per residence • Proposes high -density housing with narrow lots and very limited recreational areas. The proposed subdivision of 5000 square foot lots with a width of 40 feet and 15 foot setbacks is not even the minimum residential requirement in National City. • Inadegaate off street parking per residence. • No provision for on -going maintenance of green areas nor individual properties. • The property currently shows heavy erosion. There is no provision for halting nor improving potential erosion in the long term • Citizens of Nationaltity would he heavily impacted by the increased traffic on Paradise Valley Road, B. Set Street, and Plaza Blvd, ail with esistffig high traffic and high incidences of traffic accidents. • There are inadequate provisions for the protection of mitigating plants and animals 1. 3. 4. Signature _KR/Ci 14 SA VHCE Name _.53Pf Street Address :cct 9 Peat- 2l e S) City PZ-. Street Address titia7V n =t,14 City Street Address c MEL RIAC� d�%0} 7 cm\I L CP4 cilc 520 Petition To: National City Planning Commission, and National City City Council We, the undersigned citizens of National City oppose the planned subdivision for 42 single- family residential parcels on the south side of Paradise Valley Road east of the terminus of E. 8th Street, Case file Nos. SP 2000-1, S-2000-3, IS-2000-10 We believe the proposed project would be detrimental to the quality of life in National City for the following reasons: • 42 homes and the creation of a new access road and street, on the proposed 10 acres, less nnbuiidable and graded areas is an unacceptable average per residence. • Proposes high -density housing with narrow lots and very limited recreational areas. The proposed subdivision of 5000 square foot lots with a width of 40 feet and 15 foot setbacks is not even the minimum residential requirement in National City. • Inadequate off street parking per residence. • No provision for on -going maintenance of green areas nor individual properties. • The property currently shows heavy erosion. There is no provision for halting nor improving potential erosion in the long term. • Citizens of Nationaltity would be heavily impacted by the increased traffic on Paradise Valley Road, R. Stet Streets and Plaza Blvd, all with exist' I* high traffic and high incidences of traffic accidents. • There are inadequate provisions for the protection of mitigating plants and animals. i. 2. 4. Sao c: l#EL eil}CE signature Street Address PartAtk PEI PL8r .Oi ri, ("A $ r15-0 Name City ITH�� Pry Street Address City Street Addresset _ City p qt9 S%` Street Address City Signature i3EnyName Signature Name Petition To: National City Planning Commission, and National City City Council We, the undersigned citizens of National City oppose the planned subdivision for 42 single- family residential parcels on the south side of Paradise Valley Road east of the terminus of E. 8a` Street, Case file Nos. SP-2000-1, S-2000-3, IS-2000-10 We believe the proposed project would be detrimental to the quality of life in National City for the following reasons: • 42 homes and the creation of a new access road and street, on the proposed 10 acres, less unbuildable and graded areas is an unacceptable average per residence. • Proposes high -density housing with narrow lots and very limited recreational areas. The proposed subdivision of 5000 square foot lots with a width of 40 feet and 15 foot setbacks is not even the minimum residential requirement in National City. • Inadequate off street parking per residence. • No provision for on -going maintenance of green areas nor individual properties. • The property currently shows heavy erosion. There is no provision for halting nor improving potential erosion in the long term. • Citizens of National tity would be heavily impacted by the increased traffic on Paradise Valley Road, E. Ss' Street, and Plaza Blvd, all with existffig high traffic and high incidences of traffic accidents. • • There are inadequate provisions for the protection of mitigating plants and 1. 2. animals. .89k CO Signatures 8 ii Name 0- ga/3 >L.- Pry Street Address �Prj,Mt City 3. am:e0 i4e17):61' b20 alli("90 igne) li71dbe,Ph tin s Ci MJaL�,. & A City y,� Name Signature Name Street Address City Petition To: National City Pluming Commission, and National City City Council We, the undersigned citizens of National City oppose the planned .nbdiviedon for 40 single- family residential parcels on the month aide of Paradise Valley Road east of the tarminna of 'PI, Elth Street, Cale file Nan, SP-2000.1, S-20004 IS-$000-10. We believe the proposed project would be detrimental to the quality of life in National City for the following reaaana 1. • 40 homes and the creation of a new access road and street, on the proposed 10 acres, less nnbuildable and graded areas Is an unacceptable average per retidenee. • Proposes high -density housing with narrow lots and very limited recreational ateae The proposed a sbdiviaion of 8000 square foot Iota with a width of 40 feet and 15 foot setbacks is not even the minimum residential requirement in National City. • Inadequate off *eel parking per residence. • No provision for ongoing maintenance of green areas nor individual properties. a The property currently shows Brew, nn•iwu. There ls no provision ror oalting nor improving potential erosion in the long team. • Citiesns of National tiny wo* be heavily .impacted by the increased traffic on Parodies Valk Road, FL 81k Street, sad YLira Blvd, all with exillithil high trans and high ' of traffic accidents. • Thorp are : , isions for the protection of mitigating pleats and Name C• at_ Name City Street Address & _1_211 410-sse`pe,._ _Nizt L.wx/ Ce t N•, _ ° City 4. bra • 6s 05 * i t► ,iQa City Petition Tic National City planning Commission, and National City City Council We, the undersigned oitisens of National City oppose the planned subdivision for 4R single- family residential parcels on the south side of Paradise Pillar Road east of the terminus of F., 8111 Street► Case file Nos SP 8000- i, E3-2000.3,15- 000.10. We believe the proposed project would be detrimental to the quality of life in National City for the following reaaa®ec • 40 homes and the creation of a new aooeaa road and street, on the proposed 10 acres, lees unbuildable and graded areas is an unacceptable average per residence. • Proposes high- density housing with narrow lots and very limited recreational areas The proposed subdivision of 6000 square toot lots with a width of 40 feet and 15 foot setbacks is not even the minimum residential requirement to National City. • • Inadequate off street parking per residence. • No provision for on -going maintenance of green areas nor individual properties. a The property oareenily shows & sawy aive3.viu. There i no praviaion ror baiting nor improving potential erosion in the long term. • Cities= of Nationaltity woulii be heavily impacted by the increased traffic on Paradise Valley Road, E. 8ga Street, and llama Blvd, all with erg high traffic and high incidences of traffic accidents. • ��aare inadequate provisions for the protection of mitigating plants and L 4 W� LKY_L!n1. Z? a A ei , i8 AS#6/Z 4. Name .J ! City [� 84i 'QY CiaRt City 9%5 / ! vitorw city Street , _ City en 479,0 Petition Tat National City Planning Commission, and National City City Council We, the undersigned c ti ums of National City oppose the planned subdivision for 42 single- family residential parcels on the south side of Paradise Valley Road east of the terminus of R, 8th Street, Case file Nos SR2000.1, B-2000.8, IS-0000.10. We believe the proposed project would be detrimental to the quality of life in National City for the following reaacm 1. • 40 homes and the creation of a new access road and street, on the proposed 10 acres, lees anbuildable and graded areas is an unacceptable average per residence. • Proposes high -density housing with narrow lots and very limited recreational area The proposed subdivision of 5000 square toot lots with a width of 40 feet and 15 foot setbacks is not even the minimum residential requirement in National City. • Inadequate off street parking per residence. • No provision for on -going maintenance of green areas nor individual properties. a The property aavrestly sham h.sag. aivlon. There ie no provision for batting nor improving potential erosion in the long term. • Chime of National fifty wou14 be heavily impacted by the increased traffic on Paradise Valley Road, E. 80 Street, and Plaza Blvd, all with exis tliig high trellis and high incidences of traffic accidents • Thom are inadequate provisions for the protection of mitigating pleats and animals. ,, ,vb6!-UU, i s It�''r $a CP -i\ Name City a ignaturo Name 4. Name I�r City rert/4,/-_._ y _� City �Qc Petition Ta National City Planning Commission, and National City City Council We, the undersigned citizens of National City oppose the planned subdivision for 42 single- family residential parcels on Use south side of Paradise Valley Bead rest et the terminus cert. i th Street, (lose file Nos. i 2000-t, S-2000.3, IS-0009-10. We believe the proposed project would be detrimental to the quality of life in National City for the following reaaun% 1. • 40 homes and the creation of a new access road and sheet, on the proposed 10 acme, leas unbendable and graded areas is an unacceptable average per residence. • Proposes high density hoashig with narrow lots and very limited recreational seem The proposed eubdivisi$on of 5000 square foot lots with a width of 40 feet and 15 foot setbacks is not even the minimum residential requirement in National City. • Inadequate off street parking per residence. • No provision for on -going maintenance of green areas nor individual properties. • The p opiaity os►erestly thaws Icy oivolun. There hi no provision roe baiting nor improving potential erosion in the long term. • Citizens of National City wont* be heavily impaated by the increased traffic on Paradise Valley Road, E. 811 Sheet, mud Plaza Blvd, all with eldest* high tteff e and high incidences of traffic accident` • Them are inadequate provisions for the protection of mitigating plants and a ,, _L.j'ck tk Name apse --Litle Signature Name tat Street Address' City , i c t' treet_Na�`1 `fey City ifritEity — D of_Ii�tr Street Adana -moo v.r�Q City Petition Tm National City Planning Commission, and National City City Council. We, the nndereigned citizens of National• City oppose the planned subdivision for 40 single- family residential parcels on the south side of Paradise Valley Road east of the terminus of 8th Street, Case file Nos. SP 2000.1, 8•2000.3, IS-200g-10. We believe the proposed project would be detrimental to the quality of life in National City for the following reasons a 4. • 40 homes and the creation of a new amens road and street, on the proposed 10 acres, lees nnbniidsble and graded areas is an unacceptable average per residence. • proposes high -density horning with narrow loft and very limited recreational auras The proposed subdivision of 5000 square foot lots with a width of 40 feet and 15 foot setbacks is not even the minimum residential requirement in National City. • Inadequate off divot parking per residence. • No provision for on -going maintenance of green areas nor individual properties. a The property eaereaiiy abases lk i.vy erealuo. There ie no provision ror baiting nor improving potential erosion in the long term. • Ciiisens of Nationaltity wool be heavily impacted by the increased traffic on Paradise Valley Road, E. el Street, and Plaza Blvd, all with exhaling high traffie and high incidences of traffic accidents a There are inadequate provisions for the protection of mitigating plants and animals. 01111.1d.JA 4 sire 'c Name re Ykedd Name .1/$ meet A City ,_1/ Dn H4 City Address City 8 Address City Petition Tcc National City Planning [ ommitadon, and National City City Council We, the undersigned elitism of National City oppose the planned subdivision for 49 single- family tesidential parcels on the south side of Paradise Valley Bead wit of the terminus of E, sth Street, Came file Noa. SR8000-1, 84$000-8,1S-0000-10. We believe the proposed project would be detrimental to the quality of life in National City for the following reasons • 41' homes and the creation of a new access road and street, on the proposed 10 acres, leas unbaildable and graded areas le an unacceptable average per residence. • Proposes high -density housing with narrow lots and very limited recreational areas. The proposed subdivision of 5000 square foot lots with a width of 40 feet and 15 foot setbacks is not even the minimum residential requirement in National City. • Inadequate off street parking per residence. • No provision for on -going maintenance of green areas nor individual ,properties. a The p oposiy enerenily 'haws Lskwy aa,aiun. There tit no provision ror baiting nor improving potential melon in the long term. • Means of National ray wou10. be heavily impacted by the increased o on Paradise Valley Road, E. to Sheet, and Plena Blvd, all with exisilbig high maffie and high incidences of traffic accidents. • Thorp are inadequate provisions for the protection of mitigating plants and anlrsals. ) Signature4 7 4 QW 0.-P_S Name 'sign v IN))014 ekia Name Name 12A-3 r -ArA to-7Ei'. Si St set Address OA-1101:1AL Cvr- City (31 5 M4 thfS( meat Address !JK vHti ei4`1 City Oily Petition To: National City Planning Commission, and National City City Council We, the undersigned citizens of National City oppose the planned subdivision for 42 single- family residential parcels on the south side of Paradise Valley Road east of the terminus of E. 8a Street, Case file Nos. SP-2000-1, S-2000-3, IS-2000.10. We believe the proposed project would be detrimental to the quality of life in National City for the following reasons. • 42 homes and the creation of a new access road and street, on the proposed 10 acres, less unbuildable and graded areas is an unacceptable average per residence. • Proposes high -density housing with narrow lots and very limited recreational areas. The proposed subdivision of 5000 square foot lots with a width of 40 feet and 15 foot setbacks is not even the minimum residential requirement in National City. • Inadequate off street parking per residence. • No provision for on -going maintenance of green areas nor individual properties. • The property currently shows heavy erosion. There is no provision for halting nor improving potential erosion in the long term. • Citizens of Nationality would be heavily impacted by the increased traffic on Paradise Valley Road, E. 8th Street, and Plaza Blvd, all with exist' rug high traffic and high incidences of traffic accidents. • There are inadequate provisions for the protection of mitigating plants and ani ale. Signature Hi/A-0y ptvwvit Name 2. Signature Name 4. Name s•. Name toZT se7A-4 6-ce7 Street Address 1\-l9T7cnw, (' e. /T Y City Street Address City Street Address A J y fi�f'c).4UZ1c. l :-4," City Imo. J City Petition To: National City Planning Commission, and National City City Council We, the undersigned citizens of National City oppose the planned subdivision for 42 single- family residential parcels on the south side of Paradise Valley Road east of the terminus of E. 8th Street, Case file Nos. SP 2000-1, S-2000-3, IS-2000-10 We believe the proposed project would be detrimental to the quality of life in National City for the following reasons: 2. 3. 4. • 42 homes and the creation of a new access road and street, on the proposed 10 acres, less unbuildable and graded areas is an unacceptable average per residence. • Proposes high -density housing with narrow Iota and very limited recreational areas. The proposed subdivision of 5000 square foot lots with a width of 40 feet and 15 foot setbacks is not even the minimum residential requirement in National City. • Inadequate off street parking per residence. • No provision for on -going maintenance of green areas nor individual properties. • The property currently shows heavy erosion. There is no provision for halting nor improving potential erosion in the long term • Citizens of National tity woul4 be heavily impacted by the increased traffic on Paradise Valley Road, E. 8th Street, and Plaza Blvd, all with exismng high traffic and high incidences of traffic accidents. • There are inadequate provisions for the protection of mitigating plants and animals. L gam. q Alta) . igna,,t A ame N A _1 J 1� D C 9f y 0- CitY ticko S' Name S 7& V- C f3 /4 yaJo 6r° Street A lU�1in - Z381- 0Agf21`6 City 70G i .4-/V6(t6 P) Street Address C /72)?d ,V/12.G✓U'i c C27 c/ CI 7 t 7'3'6 City 4,/ i4/6 a,A Street Address City Petition NATIONAL CITY PLANNING DEPARTMENT OCT 012001 LCC1 T To: National City Planning Commission, and National City City Council We, the undersigned citizens of National City oppose the planned subdivision for 42 single- family residential parcels on the south side of Paradise Valley Road east of the terminus of E. 8t street, Case file Nos SP-20001, 8-2000-3, I&2000-10. We believe the proposed project would be detrimental to the quality of life in National City for the following reasons: • 42 homes and the creation of a new access road and street, on the proposed 10 acres, less unbuildable and graded areas is an unacceptable average per residence. • Proposes high -density horsing with narrow lots and very limited recreational areas. The proposed subdivision of 5000 square foot lots with a width of 40 feet and 15 foot setbacks is not even the minimum residential requirement in National City. • Inadequate off street parking per residence. • No provision for on -going maintenance of green areas nor individual properties. • The property currently shows heavy erosion. There is no provision for halting nor improving potential erosion in the long term • Citizens of National City would be heavily impacted by the increased traffic on Paradise Valley Road, E. 8a Street, and Plaza Blvd, all with exis lig high traffic and high incidences of traffic accidents. • There are inadequate provisions for the protection of mitigating plants and 3. 4. reet ddress ; , �'/�rity / 4 .rl,fO�a�- G7 ,. Cz Q/95-0 Street ✓ arm N City \313ecmL ' Street Address City I Signature street Address r/..- 1.60� 6 A Nye, Pi Petition NATIONAL CITY PLANNING DEPARTMENT C.- 0 12331 To National City Planning Commission, and National City City Council We, the undersigned citizens of National City oppose the planned subdivision for 42 single- family residential parcels on the south side of Paradise Valley Road east of the terminus of L. 8s` Street, Case file Nos. SP-2000-1, S-2000-3, IS-2000-10 We believe the proposed project would be detrimental to the quality of life in National City for the following reasons: • 42 homes and the creation of a new access road and street, on the proposed 10 acres, less unbuildable and graded areas is an unacceptable average per residence. • Proposes high -density housing with narrow lots and very limited recreational areas. The proposed subdivision of 5000 square foot lots with a width of 40 feet and 15 foot setbantis is not even the minimum residential requirement in National City. • Inadequate off street parking per residence. • No provision for on -going maintenance of green areas nor individual properties. • The property currently shows heavy erosion There is no provision for halting nor improving potential erosion in the long term. • Citizens of Nationaltity would be heavily impacted by the increased traffic on Paradise Valley Road, B. 8th Street, and Plaza Blvd, all with eaiat*g high traffic and high incidences of traffic accidents. • There are inadequate provisions for the protection of mitigating plants and animals 2. 3. SA), ffe,opeR_L 'n Addreps City o 6 11I41vc qf7 A .wawa Address f 0 7y City 4. � ice/' 7 A i.1t'tLc) 1 A- -- - /( yr Name