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HomeMy WebLinkAbout2004 08-03 CC AGENDA PKTAgenda Of A Regular Meeting National City City Council Council Chambers Civic Center 1243 National City Boulevard Regular Meeting - Tuesday — August 3, 2004 - 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. Pledge of Allegiance to the Flag by Mayor Nick Inzunza Public Oral Communications (Three -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. Upon request, thisagenda can be made available in appropriate alternative formats to persons with a disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at 336-4228 to request a disability -related modification or accommodation. Notification 24 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Spanish audio interpretation is provided during Council Meetings. Audio headphones are available in the lobby at the beginning of the meetings. Audio interpretacion en espanol se proporciona durante sesiones del Consejo Municipal. Los audiofonos estan disponibles en el pasillo al principio de la junta. , /,- Council Requests That All CeII Phones And Pagers Be Turned Off During City Council Meetings COPIES OF THE CITY COUNCIL MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.ci.national-city.ca.us COUNCIL AGENDA 8/3/04 PAGE 2 PRESENTATIONS Council Presentation Asset Forfeiture — Jack Hook from Drug Enforcement Administration (DEA) PROCLAMATION Proclaiming Wednesday, July 14, 2004 as: "BI-NATIONAL EMERGENCY MEDICAL CARE COMMITTEE DAY" CONSENT CALENDAR Consent Calendar: Consent calendar items involve matters, which are of a routine or noncontroversial nature. AU consent calendar items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. 1. Approval of the minutes of the Regular Meeting of July 20, 2004. 2. Approval of a motion to waive reading of the text of all Ordinances considered at this meeting and provides that such Ordinances shall be introduced and/or adopted after a reading of the title only. (City Clerk). 3. Resolution authorizing the Director of Public Works/Engineering to establish angle parking on the east side of B Avenue between 5th Street and 6t Street. (TSC Item No. 2004-35) (Public Works/Engineering) 4. Resolution authorizing the Director of Public Works/Engineering to establish red "No Parking — Fire Lane" zone on the north side of R Avenue from the 1800 block to the 1900 block. (TSC Item No. 2004-34) (Public Works/Engineering) 5. Resolution authorizing the Director of Public Works/Engineering to establish a "Two Hour Parking" zone of the south side of 17th Street east of National City Boulevard. (TSC Item No. 2004-32) (Public Works/Engineering) 6. Resolution authorizing the Director of Public Works/Engineering to establish "Two Hour Parking" zones on the east side of National City Boulevard between 16th Street and 17th Street and the north side of 17th Street. (TSC Item No. 2004-28) (Public Works/Engineering) COUNCIL AGENDA 8/3/04 PAGE 3 CONSENT CALENDAR (Cont) 7. Resolution authorizing the Director of Public Works/Engineering to establish "No Parking" zone on the southeast corner of D Avenue and Orrell Drive. (TSC Item No. 2004-30) (Public Works/Engineering) 8. Resolution of the City of National City awarding a contract in the amount of $125,190.00 to HMS Construction, Inc. for the Sweetwater Road at Calmoor St./Fairlomas Road Traffic Signal Improvements, Specification No. 03-10. (Public Works/Engineering) 9: Resolution of the City of City Council of the City of National City authorizing the Director of Public Works/Engineering to designate the approximately 85 feet of curb, four parking spaces, on the east side - south end of the 1700 block of D Avenue in front of National City Middle School as a "Three Minute Loading and Unloading Parking" zone between the hours of 7:00 a.m. to 9:00 a.m. and 2:00 p.m. to 4:00 p.m., Monday to Friday. (TSC Item No. 2004-33) (Public Works/Engineering) 10. Resolution approving a Conditional Use Permit for the sale of beer and wine at Karina's Restaurant at 1705 Highland Avenue. (Applicant: Evangelina Contreras) (Case File No. CUP-2004-7) (Planning) 11. Resolution approving a Tentative Subdivision Map and Conditional Use Permit for 47 condominium units on a property partially developed with a 12,000 square foot commercial building, at 101 E. 30th Street. (Applicant: Bay Canyon Development Co. LLC CDC) (Case File Nos. S-2004-3/CUP-2004-2) (Planning) 12. Resolution of the City Council authorizing the Mayor to execute a five-year lease agreement between the City of National City and Austin J. Oliver and Evelyn R. Oliver for land usage for the National City Golf Course in the amount of $300 per year. (Parks & Recreation) 13. Resolution of the City Council of the City of National City authorizing the Mayor to execute a contract with the Unified Port of San Diego on a reimbursable bases not to exceed $22,500 for a musical program to be held at Pepper Park. (Parks & Recreation) COUNCIL AGENDA 8/3/04 PAGE 4 CONSENT CALENDAR (Cont) 14. WARRANT REGISTER NO. 2 (Finance) Ratification of Demands in the amount of $726,587.74. 15. WARRANT REGISTER NO. 3 (Finance) Ratification of Demands in the amount of $1,361,353.41. PUBLIC HEARING 16. Public Hearing — Regarding the Downtown National City Management District and to levy and collect assessments within such district pursuant to the Property and Business Improvement District Law of 1994, Part 7 of Division 18 of the California Streets and Highways Code. (Community Development Commission) *Refer to Item No. 22 ORDINANCE FOR INTRODUCTION 17. An Ordinance of the City Council amending the General Plan, Housing Element, and Title 18 of the Municipal Code regarding higher density residential development in tourist, general, medium and heavy commercial zones and related development standards. (Applicant: Bay Canyon Development Co. LLC) (Case File No. A-2004-1/GP-2003-6) (Planning) *Refer to Item No. 23 ORDINANCES FOR ADOPTION 18. 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 and construction of new public safety facilities and the modernization of existing public safety facilities to the qualified voters of the City of National City at the General Municipal Election to be held on November 2, 2004. (City Attorney) *Refer to Item No. 28 19. An Ordinance of the City Council of the City of National City amending Chapters 8:32 of the National City Municipal Code by amending Section 8.32.015 pertaining to restrictions on keeping certain animals, birds and reptiles. (City Attorney) COUNCIL AGENDA 8/3/04 PAGE 5 ORDINANCES FOR ADOPTION (Cont.) 20. An Ordinance of the City Council amending the NCMC by amending Title 7, Sections 7.18.070 (On -street Activities) and 7.20.140 (Outdoor Activities); Title 14, Chapter 14, Chapter 14.22 (Storm Water Management and Discharge Control); and Title 15, Chapter 15.70 (Grading). (City Attorney) NON CONSENT RESOLUTIONS 21. Resolution authorizing the Mayor to execute an Agreement with Alpha Project to provide services that address the homeless issue and achieve community revitalization through outreach to homeless persons, referral for assistance with housing and employment, and cleanup of trash and debris resulting from homeless camps at a flat rate of $45,404.35 for one (1) year. (Public Works/Engineering) 22. Resolution stating its intention to establish the Downtown National City Management District and to levy and collect assessments within such district pursuant to the Property and Business Improvement District Law of 1994, part 7 of Division 18 of the California Streets and Highways Code and appointing a time and place for hearing objections thereto. (Community Development Commission) *Refer to Item No. 16 23. Resolution of the City Council amending the General Plan and Housing Element regarding higher density residential development in tourist, general, medium and heavy commercial zones and related development standards. (Applicant: Bay Canyon Development Co. LLC) (Case File No. GP-2003-6) (Planning) *Refer to Item No. 17 24. Resolution ordering the submission of a proposition to the qualified voters of the City of National City at the General Municipal Election to be held on November 2, 2004, relating to an ordinance imposing a term limit for the Office of City Councilmember. (City Attorney) *Refer to Item No. 25 25.. Resolution of the City Council of the City of National City authorizing the filing of an impartial analysis and written arguments relating to a measure imposing a term limit for the Office of Councilmember, and requesting county services (City Attorney) *Refer to Item No. 24 COUNCIL AGENDA 8/3/04 PAGE 6 NON CONSENT RESOLUTIONS (Cont.) 26. Resolution ordering the submission of a Proposition to the qualified voters of the City of National City at the General Municipal Election to be held on November 2, 2004, relating to an Ordinance imposing a term limit for the Office of the Mayor. (City Attorney) *Refer to Item No. 27 27. Resolution of the City Council of the City of National City authorizing the filing of an impartial analysis and written arguments relating to a measure imposing a term limit for the Office of Mayor, and requesting county services. (City Attorney) *Refer to Item No. 26 28. Resolution of the City Council of the City of National City authorizing the filing of an impartial analysis and written arguments relating to Public Safety Facilities Bond Election, requesting county services, and adding statement to bond measure. (City Attorney) *Refer to Item No. 18 29. Resolution of the City Council of the City of National City adopting the report required by California Health and Safety Code Section 5473, et seq. pertaining to collection of sewer service charges on the tax roll, directing the City Clerk to file said report with the San Diego County Auditor, and directing the Finance Director to certify with the San Diego County Auditor the "Sewer Service Charge Fund." (City Attorney) 30. Resolution of the City Council of the City of National City adopting the report required by California Health and Safety Code Section 5473, et seq. pertaining to collection of delinquent sewer service charges on the tax roll, directing the City Clerk to file said report with the San Diego County Auditor, and directing the Finance Director to certify with the San Diego County Auditor the "Delinquent Sewer Service Charge Fund." (City Attorney) 31. Resolution authorizing the Mayor to execute an Agreement with EDAW, Inc. for preparation of the Westside Specific Plan at a cost of $176,675. (SP-2004-1) (Planning) OLD BUSINESS 32. An appeal to the City Council for handicap blue curb at 830 Pleasant Lane. (M. Gilman, TSC Item No. 2004-11) (Public Works/Engineering) COUNCIL AGENDA 8/3/04 PAGE 7 NEW BUSINESS 33. Temporary Use Permit — Cornerstone Church of San Diego Summer Fest 2004 (August 28, 2004) (Building & Safety) 34. Temporary User Permit — Christiansen Amusement — Plaza Bonita Carnival (Aug. 25-29, 2004) (Building & Safety) WRITTEN COMMUNICATIONS STAFF MAYOR AND CITY COUNCIL ADJOURNMENT Next Regular City Council Meeting — Tuesday — August 17, 2004 - 6:00 p.m. — Council Chambers, Civic Center TAPE RECORDINGS OF EACH CITY COUNCIL MEETING ARE AVAILABLE FOR SALE IN THE CITY CLERK'S OFFICE s" 7' �'2 i-4'pi r-'°f'�=�c. !-�`�z i---i• j8` sr. i--�J �— a s""��-�C--'xfi,""t' fXIIdaxttattD'n WHEREAS, the Bi-National Emergency Medical Care Committee (BEMCC) was funded in 1976 to provide emergency air and ground transportation to U.S. citizens who are injured while traveling in Mexico; and WHEREAS, the BEMCC has established a much -needed system of international cooperation designed to help victims of car accidents, fires, floods and man-made or natural disasters. BEMCC also provides medical assistance to needy people from both sides of the California/Baja California border region; and WHEREAS, over the past twenty years the vigorous effort by founder CeliaDiaz iaz to raise funds for the BEMCC has resulted in countless lives saved. THEREFORE, as Mayor and City Council of the City of National City by virtue of authority vested in us, do hereby proclaim Wednesday, July 14, 2004 as: BI-NATIONAL EMERGENCY MEDICAL CARE COMMITTEE DAY We call upon the all citizens of National City to recognize the achievements of the BEMCC and the positive contribution it has made to ensure the safety of travelers. ick Inzunza Mayor r, Frank Parra Vice Mayor • Fideles Ungab ouncilmember Ron Morrison Councilmember Couhcilmember ITEM #1 8/3/04 APPROVAL OF THE MINUTES OF JULY 20, 2004 ITEM #2 8/3/04 City of National City Office of the City Clerk 1243 National City Blvd., National City, CA 91950-4397 Michael R. Dalla — City Clerk (619)336-4226 (619) 336-4229 To: Honorable Mayor and Council From: Michael Dalla, City Clerk Subject: Ordinance Introduction and Adoption It is recommended that the City Council approve the following motion as part. of the Consent Calendar: "That the City Council waive reading of the text of all Ordinances considered at this meeting and provide that such Ordinances shall be introduced and/or adopted after a reading of only the title". mrd MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT August 3, 2004 AGENDA ITEM NO. 3 ITEM TITLE A Resolution Authorizing the Director of Public Works/Engineering to Establish Angle Parking on the East Side of B Avenue Between 5th Street and 6th Street (TSC Item No. 2004-35) Adam Landa Public Works/Engineering PREPARED BY 336-4394 DEPARTMENT EXPLANATION Mrs. Irma Y. Arambula, of 525 B Street, has requested the installation of angle parking on "B" Avenue between 5th Street and 6th Street. Mrs. Arambula states that there are apartments in the area that are taking most of the parking on the street. Staff has investigated the site and found that B Avenue between 5th Street and 6th Street is able to accommodate 60 degree angle parking. There is a total of 48 feet face of curb to face of curb. Angle parking requires a total of 30 feet (includes a travel lane) leaving 18 feet for a travel lane and parking stalls (see attached location map). There are 8 existing parking stalls. With the proposed angle parking, there will be a total of 10 parking spaces. Letters were sent out to the neighbors and there were no objections. The Traffic Safety Committee, at their meeting of July 14, 2004, approved the installation of angle parking on B Avenue between 5th Street to 6th Street. CEnvironmental Review X N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD1 COMMISS RECOMMENDATION The Traffic Safety Committee, at its meeting of July 14, 2004, approved angle parking on the east side of B Avenue between 5th Street and 6th Street. ATTACHMENTS ( Listed Below ) 1. Resolution 2. Staff Report to the Traffic Safety Committee Resolution No. A-200 (9;99) RESOLUTION NO. 2004 —136 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ACTING DIRECTOR OF PUBLIC WORKS/ENGINEERING TO ESTABLISH ANGLE PARKING ON THE EAST SIDE OF "B" AVENUE BETWEEN 5TH AND 6T" STREETS (I. Arambula, TSC ITEM NO. 2004-35) WHEREAS, Irma Y. Arambula, who lives at 525 "B" Avenue, has requested the installation of angle parking on "B" Avenue between 5th and 6th Streets to increase the amount of parking spaces; and WHEREAS, at its meeting on July 14, 2004, the Traffic Safety Committee approved the installation of angle parking on "B" Avenue between 5th and 6th Streets. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Acting Director of Public Works/Engineering is authorized to establish angle parking on "B" Avenue between 5th and 6th Streets. PASSED and ADOPTED this 3rd day of August, 2004. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR JULY 14, 2004 ITEM TITLE: REQUEST FOR ANGLE PARKING ON B AVENUE BETWEEN 5TH STREET AND 6TH STREET (BY: I. ARAMBULA, PH. 477-6062) PREPARED BY: Adam J. Landa, Public Works Department DISCUSSION: Mrs. Irma Y. Arambula, of 525 B Avenue, has requested the installation of angle parking on the east side of B Avenue between 5th Street and 6th Street. Mrs. Arambula states that there are apartments in the area that are taking most of the parking. Staff has investigated the site and found that B Avenue between 5th Street and 6th Street is able to accommodate 60 degree angle parking. There is a tot*of 48 feet face of curb to face of curb. Angle parking requires a total of 30 feet (includes a travel lane) leaving 18 feet for a travel lane and parking stalls (see attached location map). There are 8 existing parking stalls. With the proposed angle parking, there will be a total of 10 parking spaces. STAFF RECOMMENDATION: Staff recommends the approval of angle parking on B Avnue between 5th Street and 6th Street. EXHIBITS: 1. Letter 2. Location Map 3. Photo 2004-35 Ga %1tni .- Q 6^ h F 6 . 4 tau, Div- C4,144-a - '-+-4 1 / =,, To (� 57-b l apt ,. cam avviiceeQd. 3 . 0 y� �aJ deg ropv ei t �t . % Mit 6WN ID p fi D a� 1 o f �°,•- 2. 9' l,ti.•.C-I - r-t•lid �{ e U CyJ-xi dJ " � . � f a �.jG/2�� �Lc'4G� 1� fl/�.��-x''", G1�l.G-�u'at'��� ,L 6. 0 iiG �� .uJ 1%n1��0 `�-r''°t! � 1 j f%1,-�zi� ,.- �--�/,,d�- G'�/L 12� L,L'� L-- ,' c4' el_ L.v a' Oht j)6diez4, ,;4 8' RALN011t.57:4LL--•- . ) 71-1---1 Si b 1 4 8' :VALI DEP 94-12' TRAVEL LAN /, TOTAL FOR A TI 8 6 Tr- Taken: 7-7-04 MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT August 3, 2001 AGENDA ITEM NO. 4 /7-ITEMTITLE A Resolution Authorizing the Director of Public Works/Engineering to Establish Red "No Parking - Fire Lane" Zone on the North Side of R Avenue From the 1800 Block to the 1900 Block (TSC Item No. 2004-34) PREPARED BY Adam Landa DEPARTMENT Public Works/Engineering 336-4394 EXPLANATION The Fire Department has requested the installation of red curb "No Parking - Fire Lane" zone on the north side of R Avenue from the 1800 block to the 1900 block. The reason for the request is that the street is 20 to 25 feet wide. The fire trucks have problems entering this street in case of an emergency. The Traffic Safety Committee, at their meeting of July 14, 2004, .approved the red curb "No Parking — Fire Lane" on the north side of R Avenue from the 1800 block to the 1900 block. ♦ Environmental Review Financial Statement N/A STAFF RECOMMENDATION Adopt the Resolution. Ar r Per % N/A Approved BY: Finance Director Account No. BOARD / COMMISSIOT, ECOMMENDATION The Traffic Safety Committee, at its meeting of July 14, 2004, approved the red curb "No Parking — Fire Lane" on the north side of R Avenue from the 1800 block to 1900 block. ATTACHMENTS ( Listed Below ) 1. Resolution 2. Staff Report to the Traffic Safety Committee Resolution No. A-200 (9(99) RESOLUTION NO. 2004 — 137 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ACTING DIRECTOR OF PUBLIC WORKS/ENGINEERING TO ESTABLISH A RED CURB "NO PARKING — FIRE LANE" ZONE ON THE NORTH SIDE OF "R" AVENUE FROM THE 1800 BLOCK TO THE 1900 BLOCK (TSC ITEM NO. 2004-34) WHEREAS, the Fire Department has requested the installation of a red curb "No Parking — Fire Lane" zone on the north side of "R" Avenue from the 1800 block to the 1900 block; and WHEREAS, at its meeting on July 14, 2004, the Traffic Safety Committee approved the installation of a red curb "No Parking — Fire Lane" zone on the north side of "R" Avenue from the 1800 block to the 1900 block. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Acting Director of Public Works/Engineering is authorized to establish a red curb "No Parking — Fire Lane" zone on the north side of "R" Avenue from the 1800 block to the 1900 block. PASSED and ADOPTED this 3`d day of August, 2004. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR JULY 14, 2004 ITEM TITLE: 7 REQUEST FOR THE INSTALLATION OF RED CURB "NO PARKING - FIRE LANE" ZONE ON THE NORTH SIDE OF R AVENUE FROM THE 1800 BLOCK TO THE 1900 BLOCK (BY: NATIONAL CITY FIRE DEPARTMENT) PREPARED BY: Adam J. Landa, Public Works Department DISCUSSION: The Fire Department has requested the installation of red curb "No Parking- Fire Lane" zone on the north side of R Avenue from the 1800 block to the 1900 block. The Fire Department has expressed a traffic concern on R Avenue because the street is only 20 feet wide. Fire trucks would have problems entering this street in case of an emergency. Staff has researched the site and agrees with their request (see photos). STAFF RECOMMENDATION: Staff recommends that the installation of red curb "No Parking — Fire Lane" zone on the north side of R Avenue from the 1800 block to the 1900 block be approved. EXHIBITS: 1. E-mail 2. Location Map 3. Photos 2004-34 Adam Landa From: Stephen Kirkpatrick Sent: Monday, June 14, 2004 3:58 PM To: Adam Landa Cc: Donald Condon Subject: FW: Fire Lanes Please have a look at Don's request. Advise if this needs to go to the TSC. If the residents/businesses on this street section are going to be upset by this parking restriction, then lets send it to TSC for them to vent there instead of going to Council after the fact. Thanks. Original Message From: Donald Condon Sent: Monday, June 14, 2004 11:35 AM To: Stephen Kirkpatrick Subject: FW: Fire Lanes Steve, I would like to request that 1800-1900 Blk of E. 9th Street be marked as "No Parking Fire Lane". Per California Fire Code. Chapter 9. Section 902: Fire Department Access shall be provided and maintained in an unobstructed manner. Minimum width to be 20 feet. Thank You -----Original Message From: Robert Drew Sent: Wednesday, June 09, 2004 4:02 PM To: Donald Condon Cc: Jeff Burriss Subject: FW: Fire Lanes Per our conversation today 06-09-04, I checked measurements at the 9th Street and R Avenue location. I found that the street is 25 feet wide in the area of the turn from R Ave. to 9th ST. 12 feet down, or to the east of the street sign at the corner is where the street starts to get narrow. The street continues up the hill (9th Street) at around ,tNfeet wide for the entire street. The curbs are not painted from that 12 foot mark up the hill on ether side except for an area around a driveway and a fire hydrant. Original Message From: Robert Drew Sent: Tuesday, June 08, 2004 9:56 AM To: Jeff Burriss Subject: Fire Lanes I have received two complaints on fire lanes. The first one is at 9th Street and R Avenue. The street is painted red on one side but is only 20 feet wide. Should we get the other side painted? The compliant was that vehicles had to back down the street when the AMR ambulances are responding to calls (this is now where AMR medics are staying). The second is from Capt. Gundert. He states that the alley at 1446 E 8th Street (9th Street and N avenue) used to be blocked by removable barricades so that the Engines could pull them and drive thru. Now there are parking spaces painted there? 1 know nothing about this since I've been here the parking spaces have been painted there? Do you know anything about this? Thanks Bob Robert Drew Fire Inspector National City Fire Department (619) 336-4558 1 AV 4 ; 4 MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT August 3, 2001 AGENDA ITEM NO. 5 (ITEM TITLE A Resolution Authorizing the Director of Public Works/Engineering to Establish A "Two Hour Parking" Zone on the South Side of 17th Street East of National City Boulevard (TSC Item No. 2004-32) PREPARED BY Adam Landa DEPARTMENT Public Works/Engineering 336-4394 EXPLANATION Mr. Ray Tofan, the owner of 1705 National City Boulevard, has requested the installation of a "Two Hour Parking" zone on the south side of 17th Street. Mr. Tofan has existing "One Hour Parking" in front of his auto dealership. He would like to change it to a "Two Hour Parking" zone. Mr. Tofan spoke with Ray Crawford, Parking Regulation Officer. Officer Crawford stated that the proposed change would make his job easier to enforce because the surrounding area is two-hour parking. The Traffic Safety Committee, at their meeting of July 14, 2004, approved the "Two Hour Parking" zone on the south side of 17th Street east of National City. Environmental Review Financial Statement N/A N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD 0 COMMISSION RECOM DATION The Traffic Safety Committee, at its meeting of July 14, 2004, approved the "Two Hour Parking" zone on the south side of 17th Street east of National City Boulevard. ATTACHMENTS ( Listed Below ) 1. Resolution 2. Staff Report to the Traffic Safety Committee Resolution No. A-200 (9/99) RESOLUTION NO. 2004 —138 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ACTING DIRECTOR OF PUBLIC WORKS/ENGINEERING TO ESTABLISH A TWO-HOUR PARKING ZONE ON THE SOUTH SIDE OF 17111 STREET EAST OF NATIONAL CITY BOULEVARD (R. Tofan, TSC ITEM NO. 2004-32) WHEREAS, Ray Tofan, the owner of 1705 National City Boulevard has requested the installation of a two-hour parking zone on the soth side of 17th Street east of National City Boulevard where there is currently a one -hour parking zone; and WHEREAS, at its meeting on July 14, 2004, the Traffic Safety Committee approved the installation of a two-hour parking zone on the soth side of 17t Street east of National City Boulevard. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Acting Director of Public Works/Engineering is authorized to establish a two-hour parking zone on the soth side of 17th Street east of National City Boulevard. PASSED and ADOPTED this 3`d day of August, 2004. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR JULY 14, 2003 ITEM TITLE: REQUEST FOR THE INSTALLATION OF A "TWO HOUR PARKING" ZONE IN FRONT OF 1705 NATIONAL CITY BOULEVARD (BY: R. TOFAN) PREPARED BY: Adam J. Landa, Public Works Department DISCUSSION: Mr. Ray Tofan, installation of a of his property. He spoke with change and Mr. the owner of 1705 National City Boulevard, has requested the "Two-hour Parking" zone on the south side of 17th Street in front Mr. Tofan has an existing one -hour parking zone on 17th Street. Ray Crawford, Parking Regulation Officer, about the proposed Crawford agrees with the change. Mr. Crawford has stated that this would make his job easier to enforce 660ause all of the surrounding area is a "two-hour parking" zone. Staff investigated the site and concurs with the proposed change. STAFF RECOMMENDATION: Staff recommends the installation of "Two-hour Parking" zone on the south side of 17th Street in front of 1705 National City Boulevard. EXHIBITS: 1. Letter 2. Location Map 3. Photos 2004-32 Bei MOTORISTS 1705 NATIONAL CITY BLVD NATIONAL CITY CA 91950 TELL: (619) 474-9100 FAX : `' (619) 474-9100 Date 06/24/04 To The City OfNational. City; My name is Ray Tofan,owner of BJ Motorists 1705 National City Blvd. I am requestion the re-instalation of the red curb in front of my business.This zone was a red zone before the renovation. When the construction finished, the construction company did not repaint the curb.Also I spoke to Ray Crawford about the instalation of a 2 hour zone on l7th street and in the 1600 block of National City blvd, he was in full agreement with the idea.I Ray Tofan Thank You verry much for taking your time and attension reaang this letter. Sincerely; Ray Tofan. Owner BJ Motorist 18T H STREET ) 16'1 PfOPOSEO 2 HOUR RI(/NO AREA SIRE. 181 1705 Corner National City Blvd & 17 Street Taken:7-7-04 MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT August 3, 2004 AGENDA ITEM NO. 6 ITEM TITLE A Resolution Authorizing the Director of Public Works/Engineering to Establish "Two Hour Parking" Zones on the East Side of National City Boulevard Between 16th Street and 17th Street and on the North Side of 17th Street (TSC Item No. 2004-28) PREPARED BY Adam Landa DEPARTMENT Public Works/Engineering 336-4394 EXPLANATION Mr. Simon, the owner of 1609 National City Boulevard, has requested the installation of a "Two Hour Parking" zone on the east side of National City Boulevard. He is also requesting it on the north side of 17th Street. According to Mr. Simon, vehicles from the neighborhood repair shops are parking there for days and are leaving no parking for his customers. The Traffic Safety Committee, at their meeting of July 14, 2004, approved the "Two Hour Parking" zones on the east side of National City Boulevard between 16th Street and 17th Street and also on the north side of 17th Street. Environmental Review X N/A Financial Statement N/A STAFF RECOMMENDATION Adopt the Resolution. �--� C Approved By: Finance Director BOARD / COMMISSION RECOMME DATION The Traffic Safety Committee, at its meeting of July 14, 2004, approved the "Two Hour Parking" zones on the east side of National City Boulevard between 16th Street and 17th Street and on the north side of 17th Street. ATTACHMENTS ( Listed Below ) 1. Resolution 2. Staff Report to the Traffic Safety Committee Resolution No. A-200 (9/99) RESOLUTION NO. 2004 — 139 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ACTING DIRECTOR OF PUBLIC WORKS/ENGINEERING TO ESTABLISH TWO-HOUR PARKING ZONES ON THE EAST SIDE OF NATIONAL CITY BOULEVARD BETWEEN 16TH STREET AND 17TH STREET, AND ON THE NORTH SIDE OF 17TH STREET (Simon, TSC ITEM NO. 2004-28) WHEREAS, Mr. Simon, the owner of 1609 National City Boulevard has requested the installation of two-hour parking zones on the east side of National City Boulevard between 16th and 17th Streets, and on the north side of 17th Street; and WHEREAS, at its meeting on July 14, 2004, the Traffic Safety Committee approved the installation of two-hour no parking zones on the east side of National City Boulevard between 16th and 17th Streets, and on the north side of 17th Street. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Acting Director of Public Works/Engineering is authorized to establish two-hour no parking zones on the east side of National City Boulevard between 16th and 17th Streets, and on the north side of 17th Street. PASSED and ADOPTED this 3`d day of August, 2004. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR JULY 14, 2004 ITEM TITLE: REQUEST FOR THE INSTALLATION OF A "TWO HOUR PARKING" ZONE ON THE EAST SIDE OF NATIONAL CITY BOULEVARD BETWEEN 16TH STREET AND 17TH STREET AND ON THE NORTH SIDE OF 17TH STREET (BY: MR. SIMON) PREPARED BY: Adam J. Landa, Public Works Department DISCUSSION: At the last Traffic Safety Committee meeting, the Committee directed staff to investigate if Mr. Simon would be interested in changing his request from a "one hour parking" zone to a "two hour parking" zone in front of his property. The City contacted him and received a letter stating that this would be acceptable. 1? 4 This request was continued from June 9th meeting and was to be brought back for a decision at July's meeting. STAFF RECOMMENDATION: Staff recommends the installation of a `Two Hour Parking" zone on the east side of National City Boulevard between 16th Street and 17th Street and on the north side of 17th Street. EXHIBITS: 1. Letter 2. Location Map 3. Photos 2004-28 J .y 06/14/2004 12:06 FAX 6194733810 BRENNAN ASSOCIATES fib0O1 BREN & ASSOCIATES 4190 BONITA ROAD, SUITE 106 BONITA, CA 91902 (619)475-2470 June 14. 2004 City of National City Department of Public Works 1243 National City Blvd. National City Ca 91950 Pbren10075.maol.com fax (619)475 3610 • Toll Free 800-995-5110 RE: TSC Item #2004-23 One Hour Parkin Dear Mr. Kirkpatrick. ' - 1 understand the Traffic Safety Committee rc_ :mrner.d A that this item be changed to a two hour zone to conform with the surrounding parking. 1 hovo spoken with ith the Owner. Mr. Simon, and he agrees the two hour limit is agreeable. Sin�E'erel�. Danfuian. Property Manager For Mr. Simon 1 agree with this change also N. Behar Auto Access ire, c.c%ft_ Ivc:; AUTO ACC1.3S SALE at SERVICE COMPLET:;:AUTO SERVICE 1609 VAT€ -:;.,?AL CITY BLVD NATI)NA[., CITY CA 91950 (619) 474-329E, -A :(619) 474-7238 t{t 00 0 I 0C) 00 ' I AV NA - NF \AL FY B (A MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT August 3, 2004 AGENDA ITEM NO. 7 (-ITEM TITLE A Resolution Authorizing the Director of Public Works/Engineering to Establish "No Parking" Zone on the Southeast Corner of D Avenue and Orrell Drive (TSC Item No. 2004-30) PREPARED BY Adam Landa DEPARTMENT Public Works/Engineering 336-4394 EXPLANATION Mrs. Mary Martinez, of 425 Orrell Drive, has requested the installation of a "no parking" zone on the southeast corner of Orrell Drive and D Avenue. According to Mrs. Martinez, vehicles are parking next to high shrubs. Therefore, vehicles that are making a right turn into Orrell Drive from D Avenue do not notice vehicles parked there, which could result in an accident. The Traffic Safety Committee, at their meeting of July 14, 2004, approved. the 20 feet of red painted stripe "no parking" zone on the southeast of corner of Orrell Drive and D Avenue. CEnvironmental Review N/A Financial Statement N/A STAFF RECOMMENDATION Adopt the Resolution. �`" A Approved By: Finance Director Account No. BOARD / COMMISSION RECOMMENDATION The Traffic Safety Committee, at its meeting of July 14, 2004, approved the 20 feet of red painted stripe "no parking" zone on the southeast corner of Orrell Drive and D Avenue. ATTACHMENTS ( Listed Below ) 1. Resolution 2. Staff Report to the Traffic Safety Committee Resolution No. A-200 (9/99) RESOLUTION NO. 2004 —140 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ACTING DIRECTOR OF PUBLIC WORKS/ENGINEERING TO ESTABLISH A 20-FOOT RED NO PARKING ZONE ON THE SOUTHEAST CORNER OF "D" AVENUE AND ORRELL DRIVE (M. Martinez, TSC ITEM NO. 2004-27) WHEREAS, Mary Martinez, who lives at 425 Orrell Drive, has requested the installation of a red no parking zone on the southeast comer of "D" Avenue and Orrell Drive in order to eliminate a clear vision obstruction; and WHEREAS, at its meeting on July 14, 2004, the Traffic Safety Committee approved the installation of a 20-foot red no parking zone on the southeast comer of "D" Avenue and Orrell Drive. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Acting Director of Public Works/Engineering is authorized to establish a 20-foot red no parking zone on the southeast comer of "D" Avenue and Orrell Drive. PASSED and ADOPTED this 3rd day of August, 2004. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR JULY 14, 2004 ITEM TITLE: 3 \ REQUEST FOR THE INSTALLATION OF RED PAINTED STRIPE "NO PARKING" ZONE AT THE SOUTHEAST CORNER OF D AVENUE AND ORRELL DRIVE (BY: M. MARTINEZ, PH. 477-14121 PREPARED BY: Adam J. Landa, Public Works Department DISCUSSION: Mrs. Mary Martinez, of 425 Orrell Drive, has requested the installation of a red painted stripe "No Parking" zone on the southeast corner of Orrell Drive and D Avenue. According to Mrs. Martinez, vehicles are parking next to the high shrubs. Therefore, vehicles that are making a turn into Orrell Drive from D Avenue do not notice vehicles parked there which could result in an accident (see photo). ' Staff has investigated the site and agrees with the installation of red painted stripe "No Parking" zone on the southeast corner of Orrell Drive and D Avenue. STAFF RECOMMENDATION: Staff recommends the installation of twenty (20) feet of red painted stripe "No Parking" zone on the southeast corner of Orrell Drive and =D Avenue. EXHIBITS: 1. Letter 2. Location Map 3. Photos 2004-30 L CATI EORIZELL A .f �, City of National City, California COUNCIL AGENDA STATEMENT August 3, 2004 MEETING DATE AGENDA ITEM NO. 8 ITEM TITLE A Resolution of the City of National City awarding a contract in the amount of $125,190.00 to HMS Construction, Inc. for the Sweetwater Road at Calmoor St./Fairlomas Road Traffic Signal Improvements, Specification No. 03-10 PREPARED BY Alberto Griego DEPARTMENT Public Works/Engineering 336-4386 EXPLANATION On Wednesday July 14, 2004, three (3) bids were received and opened for the Sweetwater Rd. at Calmoor St./Fairlomas Rd. Traffic Signal Improvements, Specification No. 03-10. The project includes the construction and installation of the traffic signals at Sweetwater Rd. at Calmoor St./Fairlomas Rd. including but not limited to installation of signal standards, masts, signal heads and luminaries, pedestrian signals and push buttons, controller, aluminum cabinet and foundation, conduit, wiring, and pull boxes, pedestrian barricades and signs, traffic striping and restoration of all disturbed surface improvements. Staff has reviewed all the proposals and found the lowest responsive bidder, HMS Construction, Inc., qualified to perform the work. The total cost of the project is estimated to be $156,487.50. This amount includes the construction bid price of $125,190.00 plus 20% ($25,038.00) for contingencies, and 5% ($6,259.50) for materials testing, inspection, and surveying. CEnvironmental Review X N/A Financial Statement Approved By: The total cost of the project is finance Director Estimated to be $156,487.50. Funding is available through Account Number 109-409-500-598-6161 d 109-409-500-598-6558. Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD/COMM N/A SION RECOMMENDATION ATTACHMENTS ( Listed Below ) 1. Resolution 2. Bid Opening Spreadsheet 3. Bid Opening Sheet Resolution No. 03-10 A-200 (9,99) RESOLUTION NO. 2004 — 141 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT IN THE AMOUNT OF $125,190 TO HMS CONSTRUCTION, INC. FOR THE SWEETWATER ROAD TO CALMOOR STREET/FAIRLOMAS ROAD TRAFFIC SIGNAL IMPROVEMENTS PROJECT (Engineering Specification No. 03-10) WHEREAS, the Engineering Department did, in open session on July 14, 2004, publicly open, examine and declare all sealed bids for the Sweetwater Road to Calmoor Street/Fairlomas Road Traffic Signal Improvements Project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the Sweetwater Road to Calmoor Street/Fairlomas Road Traffic Signal Improvements Project to the lowest responsive, responsible bidder, to wit: HMS CONSTRUCTION, INC. 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 HMS Construction, Inc. and the City of National City for the Sweetwater Road to Calmoor Street/Fairlomas Road Traffic Signal Improvements Project. Said contract is on file in the office of the City Clerk. PASSED and ADOPTED this 3`d day of August, 2004. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney July 14, 2004 Final Bid Results for: Sweetwater Rd. at Calmoor StdFairlomas Rd. Traffic Signal Installation, Specification No. 03-10 HMS Construction Inc. AEC Construction Lekos Electric Inc. Rank 1 2 3 No. Item Qnty Unit Unit Price Amount Unit Price Amount Unit Price Amount 1 Mobilization 1 LS $1,500.00 $1,500.00 $2,000.00 $2,000.00 $500.00 $500.00 2 Traffic Control 1 LS $2,000.00 $2,000.00 $2,000.00 $2,000.00 $500.00 $500.00 3 Remove Concrete 750 SF $8.00 $6,000.00 $2.00 $1,500.00 $4.00 $3,000.00 4 Access Ramp 6 EA $1,340.00 $8,040.00 $1,550.00 $9,300.00 $1,500.00 $9,000.00 5 Traffic Signal Installation 1 LS $100,890.00 $100,890.00 $105,735.00 $105,735.00 $119,167.00 $119,167.00 6 Traffic Striping 1 LS $5,900.00 $5,900.00 $4,800.00 $4,800.00 _ $4,871.00 $4,871.00 7 Traffic Signing 1 LS $860.00 $860.00 $400.00 $400.00 $500.00 $500.00 _ Total Bid $125,190.00 $125,735.00 $137,538.00 Engineer's Estimate $105,000.00 $105,000.00 $105,000.00 Percent Under/dyer Estimate 19.23% 19.75% 30.99% MI Page 1 BID OPENING SPECIFICATION NUMBER: 03-10 PROJECT TITLE: SWEF,TWATF,R RD. AT CAI,MOOR ST./FAIRI,OMAS RD TRAFFIC SIGNAL OPENING DATE: WEDNESDAY, JULY 14, 2004 TIME: 3:00 P.M. ESTIMATE: $105,000 PROJECT ENGINEER: ALBERT GRIEGO NO. BIDDER'S NAME (PAGE 12) BID AMOUNT (PAGE 14) ADDENDA (PAGE 12) BID SECURITY (AGE 16-CHECK (PAGE 17-BOND) 1. HMS Construction Inc. 1225 Linda Vista Drive San Marcos, CA 92069 $125,190.00 Bond 2. AEC Construction P.O. Box 601071 San Diego, Ca 92126 $125,735.00 Bond 3. Lekos Electric, Inc. 1370 Pioneer Way El Cajon, CA 92020 $137,538.00 V Bond 4. 5. 6. 1.1074 MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT August R, 2004 AGENDA ITEM NO. 9 %ITEM TITLE A Resolution of the City Council of the City of National City Authorizing the Director of Public Works/Engineering to Designate the Approximately 85 Feet of Curb, Four Parking Spaces, on the East Side — South End of the 1700 Block of D Avenue in Front of National City Middle School as a "Three Minute Loading and Unloading Parking" Zone Between the Hours of 7:00 am to 9:00 am and 2:00 pm to 4:00 pm Monday to Friday 6iycit &004Adam Landa DEPARTMENT Public Works/Engineering EXPLANATION 336-4394 Mrs. Urias Islas, the principal of National City Middle School, has requested the installation of a "Three Minute Loading and Unloading Parking" zone between the hours of 7:00 am to 9:00 am and 2:00 pm to 4:00 pm in front of 1701 D Avenue. The school would like the loading and unloading zone to help avoid students from being hit. This affects approximately 85 feet or four parking spaces on the south end east side of the 1700 block of D Avenue. These are the four parallel parking spaces on the east side of the street. The remaining parking on the east side of the street is angle. The Traffic Safety Committee, at their meeting of July 14, 2004, approved the "Three Minute Loading and Unloading Parking" zone between the hours of 7:00 am to 9:00 am and 2:00 pm to 4:00 pm Monday to Friday in front of 1701 D Avenue. 2 Environmental Review X N/A Financial Statement N/A STAFF RECOMMENDATION Adopt the Resolution. 1 BOARD / COMMISSION RECOMMENDATION The Traffic Safety Committee, at its meeting of July 14, 2004, approved the "Three Minute Loading and Unloading Parking" zone between the hours of 7:00 am to9:00am and 2:00 pm to 4:00 pm Monday to Friday in front of 1701 D Avenue. ATTACHMENTS ( Listed Below ) 1. Resolution 2. Staff Report to the Traffic Safety Committee Approved By: Finance Director Account No. Resolution No. A-200 (9/99) RESOLUTION NO. 2004 —142 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ACTING DIRECTOR OF PUBLIC WORKS/ENGINEERING TO DESIGNATE THE APPROXIMATELY 85 FEET OF CURB, FOUR PARKING SPACES, ON THE EAST SIDE — SOUTH END OF THE 1700 BLOCK OF "D" AVENUE IN FRONT OF NATIONAL CITY MIDDLE SCHOOL AS A "THREE -MINUTE LOADING AND UNLOADING PARKING" ZONE BETWEEN THE HOURS OF 7:00 A.M. TO 9:00 A.M. AND 2:00 P.M. TO 4:00 P.M., MONDAY THROUGH FRIDAY (TSC ITEM NO. 2004-33) WHEREAS, the principal of National City Middle School has requested the installation of three -minute loading and unloading parking between the hours of 7:00 a.m. to 9:00 a.m. and 2:00 p.m. to 4:00 p.m., Monday through Friday zones at 1701 "D" Avenue; and WHEREAS, at its meeting on July 14, 2004, the Traffic Safety Committee approved the installation of 85 feet of curb, four parking spaces, on the east side -south end of the 1700 block of "D" Avenue in front of National City Middle School as a "Three Minute Loading and Unloading Parking" zone between the hours of 7:00 a.m. to 9:00 a.m. and 2:00 p.m. to 4:00 p.m., Monday through Friday. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Acting Director of Public Works/Engineering is authorized to establish 85 feet of curb, four parking spaces, on the east side -south end of the 1700 block of "D" Avenue in front of National City Middle School as a "Three Minute Loading and Unloading Parking" zone between the hours of 7:00 a.m. to 9:00 a.m. and 2:00 p.m. to 4:00 p.m., Monday through Friday. PASSED and ADOPTED this 3rd day of August, 2004. ATTEST: Nick Inzunza, Mayor APPROVED AS TO FORM: Michael Dalla, City Clerk George H. Eiser, III City Attorney 6 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR JULY 14, 2004 ITEM TITLE: REQUEST FOR THE INSTALLATION OF "THREE MINUTE LOADING AND UNLOADING PARKING" ZONE IN FRONT OF 1701 D (BY: NATIONAL CITY MIDDLE SCHOOL, PH 336-2600) PREPARED BY: Adam J. Landa, Public Works Department DISCUSSION: Mrs. Urias Islas, the principal of National City Middle School, has requested the installation of a "Three Minute Loading and Unloading" zone in front of 1701 D Avenue. The school would like the City to approve the loading and unloading zone to help avoid students from being hit. The school desires that the signs state that the three minute loadityg and unloading zone be between the hours of 7:00 to 9:00 am and 2:00 to 4:00 pm Monday through Friday. Staff has researched the site and found that this can be accommodated. STAFF RECOMMENDATION: Staff recommends that the "Three Minute Loading and Unloading" zone between the hours of 7:00 to 9:00 am and 2:00 and 4:00 pm Monday through Friday be approved for National City Middle School. EXHIBITS: 1. Letter 2. Location Map 3. Photos 2003-36 National City Middle School A CALIFORNIA DISTINGUISHED SCHOOL 1701 D Avenue National City, CA 91950-4598 Telephone: (619) 336-2600 FAX: (619) 474-1756 Public Works and Engineering Department Traffic Safety Committee 1243 National City Boulevard. National City, CA 91950 June 10, 2004 To whom it may concern: Concerned NCMS parents met after two of our students were hit by a car at l8th St. & D Avenue. Parents recommended several items to assure the safety of their children. One of these were loading/unloading signs to be installed. The signs would need to be posted on the east side of D Avenue just north of 18th St. Please have the signs specify 3 minute loading and unloading from 7-9 a.m. and 2-4 p.m We feel these signs would give parents the space necessary to drop their child safely at the curb side. Please notify us if this is approved and when the signs will be installed. Thank you for your assistance in this safety issue. r !14 pr Mrs. Urias-Islas Principal SWEETWATER UNION HIGH SCHOOL DISTRICT "Maximizing Student Achievement" "The Sweetwater Union High School District does not discriminate with regard to sex, race, religion, color, national origin, ancestry/ethnicity, marital or parental status, age, physical or mental • disability, sexual orientation or any other unlawful consideration." SUHSD Board Policy #2224 16 H STREET N. C. MIDDLE SCHOOL S/TE 1.8-t LLJ -13 7 LL.1 MEETING DATE August 3, 2004 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 10 (-ITEM TITLE Resolution Approving a Conditional Use Permit for the Sale of Beer and Wine at Karina's Restaurant at 1705 Highland Avenue. (Applicant: Evangelina Contreras) (Case File No. CUP-2004-7) PREPARED BY EXPLANATION � DEPARTMENT EXT. Roger Post 336-4310 Planning The City Council voted to approve this item at the July 20, 2004 public hearing. The attached resolution is needed to follow through on the action. Environmental Review N/A Categorical Exemption MIS Approval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the proposed resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution Resolution No. A-200 (Rev. 7/03) RESOLUTION NO. 2004 —143 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT FOR THE SALE OF BEER AND WINE AT KARINA'S RESTAURANT AT 1705 HIGHLAND AVENUE APPLICANT: EVANGELINA CONTRERAS CASE FILE NO. CUP-2004-7 WHEREAS, the City Council of the City of National City considered a Conditional Use Permit application for the sale of beer and wine at Karina's Restaurant at 1705 Highland Avenue at the regularly scheduled City Council meeting of July 20, 2004, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council considered the staff report prepared for Case File No. CUP-2004-7 which is maintained by the City, and incorporated herein by reference; and WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; 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, Califomia, that the testimony and evidence presented to the CiiSt Council at the public hearing held on July 20, 2004, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the sale of beer and wine for on -site consumption will be in an existing 2,236 square foot restaurant on a 12,320 square foot site; no enlargement or physical changes to the building are proposed. 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 restaurant is existing and the proposal will not substantially affect traffic. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the restaurant is already existing and is located in a developed commercial area. Also, conditions of approval controlling the sale and consumption of beer and wine on site will alleviate the potential for adverse effects. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will contribute to the viability of the restaurant, and will be consistent with the Cocina Mexicana concept. Resolution No. 2004 —143 August 3, 2004 Page Two 5. That public convenience and necessity may be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. BE IT FURTHER RESOLVED that the application is approved subject to the following conditions: 1. This Conditional Use Permit authorizes the sale of beer and wine for on -site consumption at Karina's Restaurant. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File no. CUP-2004-7, dated 3/1/2004. 2. Plans must comply with the 2001 editions of the California Building Code, the Califomia Mechanical Code, the Califomia Plumbing Code, the Califomia Electrical Code, and Califomia Title 24 energy and handicapped regulations. 3. Beer and wine shall be stored in the kitchen area, out of view of the customers, and shall be served by the server upon request. 4. All persons who will be serving alcoholic beverages should receive L.E.A.D. training in Responsible Beverage Service from the State Department of Alcoholic Beverage Control or Responsible Hospitality Coalition. Also, all person serving alcoholic beverages shall be 21 years of age or older. 5. A manager and a security guard should be on duty during the hours that alcohol is available. 6. All ABC regulations shall be obeyed. 7. 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. 8. The sale of alcoholic beverages shall be permitted only between the hours of 11:00 a.m. and 9:30 p.m. Sunday through Thursday, and 11:00 a.m. and 10:30 p.m., Friday and Saturday. 9. With the annual renewal of the City business license, the business proprietor shall submit a statement clearly indicating total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by employees of the City, who are authorized to examine, audit and inspect such books and records of the license, as may be necessary in their judgment to verify that the sale of alcohol does not exceed the sale of food. All information obtained by an investigation of records shall remain confidential. Resolution No. 2004 —143 August 3, 2004 Page Three 10. 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. 11. Signs of all types, promoting or indicating the availability of alcoholic beverages, are prohibited from being placed anywhere on the property. 12. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of gross food sales 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 food. 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 Califomia Department of Alcoholic Beverage Control upon demand. 13. Consumption of alcoholic beverages shall be limited to approved seating areas only. No standing or walking with alcoholic beverages is permitted. 14. The sale of alcoholic beverages without food is prohibited. 15. The sale of alcoholic beverages in containers larger than 12 ounces or in pitchers is prohibited. 16. The over ice display of alcoholic beverages is prohibited. 17. The sale of alcoholic beverages in over ice buckets is prohibited. 18. Live music is prohibited. 19. No coin operated amusement devices shall be operated on the licensed premises. 20. 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 retum 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. This permit shall become null and void if not Resolution No. 2004 —143 August 3, 2004 Page Four 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. 21. 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. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant; and, BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is govemed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 3rd day of August, 2004. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney MEETING DATE August 3, 2004 City of National City, California COUNCIL AGENDA STATEMENT 11 AGENDA ITEM NO. 7.ITEM TITLE Resolution Approving a Tentative Subdivision Map and Conditional Use Permit for 47 condominium units on a property partially developed with a 12,000 square foot commercial building, at 101 E. 30fh Street. Applicant: Bay Canyon Development Co. LLC CDC. Case File Nos. S-2004- 3/CUP-2004-2. PREPARED BY Roger Pos36-4310 DEPARTMENT Planning EXT. EXPLANATION The City Council voted to approve this item at the July 20, 2004 public hearing. The attached resolution is needed to follow through on the action. J 1 Environmental Review N/A Mitigated Negative Dec1EW1d Pproval Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the attached resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution Resolution No. A-200 (Rev. 7/03) RESOLUTION NO. 2004 — 144 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TENTATIVE SUBDIVISION MAP AND CONDITIONAL USE PERMIT FOR 47 CONDOMINIUM UNITS ON A PROPERTY PARTIALLY DEVELOPED WITH A 12,000 SQUARE FOOT COMMERCIAL BUILDING, AT 101 EAST 30TH STREET APPLICANT: BAY CANYON DEVELOPMENT CO. LLC / CDC CASE FILE NO. S-2004-3/CUP-2004-2 WHEREAS, application was made for approval of a tentative subdivision map for approval of a tentative subdivision map and conditional use permit on property generally described as: Lots 1 through 20 inclusive in block 2 and the easterly 10.00 feet of "A" Avenue and the westerly 40.00 feet of "B" Avenue closed to public use in Budd Villa Tract along with the 20 foot alley in Nock 2 closed to the public per document dated December 19, 1919, Resolution No. 574 of the City of National City. WHEREAS, the Planning Commission of the City of National City, Califomia, considered said application and proposed Mitigated Negative Declaration IS- 2003-10 at a public hearing held on June 21, 2004, and by Resolution recommended conditional approval of the application; and WHEREAS, the City Council of the City of National City considered said application and proposed Mitigated Negative Declaration No. IS-2003-10 at a public hearing held on July 20, 2004, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council considered the staff report prepared for Case File Nos. S-2004-3, CUP-2004-2 and IS-2003-10 which are maintained by the City, and incorporated herein by reference; along with evidence and testimony at said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City, Califomia, that it hereby approves the tentative subdivision map Resolution No. 2004 —144 August 3, 2004 Page Two and conditional use permit for 47 condominium units on a property partially developed with a 12,000 square foot commercial building, at 101 East 30th Street based on the following findings: FINDINGS FOR APPROVAL OF THE TENTATIVE SUBDIVISION 1. Find that the project will not have a significant effect on the environment and adopt the proposed mitigated negative declaration. 2. The proposed map is consistent with the National City General Plan and applicable specific plans, since the proposed multi -family residential development, with a density of 27.3 units/acre, is consistent with the uses and density of 34.8 units/acre allowed in the Heavy Commercial (CH) Zone, and since there are no applicable specific plans. 3. The site is physically suitable for the proposed type of development, since a preliminary geotechnical investigation indicates that site will be able to structurally support the proposed development. Also, the proposed multi -family residential development will serve as a transition between the commercial uses to the west and northwest and the lower density residential uses to the east. 4. The site is physically suitable for the proposed density of development, `since the site will accommodate the 47 proposed units with appropriate ratios of parking and open space, and with adequate setback areas. 5. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, since there is no natural habitat on the partially developed site, nor are there bodies of water, and since the site is located in the midst of an urban area. 6. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, since all necessary public services will be provided. 7. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, since no such easements are located on the site. Resolution No. 2004 — 144 August 3, 2004 Page Three 8. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the Califomia Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Govemment Code Section 66474.6. 9. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources. 10. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. FINDINGS FOR APPROVAL OF THE CONDITIONAL USE PERMIT 1. Find that the project will not have a significant effect on the environment and adopt the proposed mitigated negative declaration. 2. That the site for the proposed use is adequate in size and shape, since the site will accommodate the 47 unit six -level residential building with appropriate ratios of parking and open space, and with adequate setback areas. 3. 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 approximately 376 average daily trips can be accommodated on East 30th Street and other nearby streets, all of which are operating well below their designed capacities. 4. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since proposed development has been designed to be visually pleasing as encouraged by City Design Guidelines, and since the proposed site layout will provide adequate setback areas and landscaping to buffer the adjacent existing development. 5. That the proposed use is deemed essential and desirable to the public convenience and welfare, since additional homeownership opportunities will be created in such a way that maximizes the use of scarce developable land area within the City. Resolution No. 2004 —144 August 3, 2004 Page Four BE IT FURTHER RESOLVED that the City Council has considered the proposed Mitigated Negative Declaration No. IS2003-10, together with any comments received during the public review process, and finds on the basis of the whole record (including the Initial Study and any comments received) that there is no substantial evidence that the project will have a significant effect on the environment and that the Mitigated Negative Declaration reflects the City's independent judgment and analysis, and hereby approves the Mitigated Negative Declaration and authorizes the filing of a Notice of Determination. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, said Tentative Subdivision Map and Conditional Use Permit for 47 condominium units on a property partially developed with a 12,000 square foot commercial building, at 101 East 30th Street is hereby approved subject to the following conditions: 1. This Tentative Map authorizes a six story, 47 unit condominium building on a 1.71 acre lot at the northeast comer of 30th Street and A Avenue. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A -revised, Case File no. S-2004-3/CUP-2004-2, dated 4/21/2004. 2. A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc., shall be submitted for review and approval by tie Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. The plan shall include the use of specimen trees. 3. All loading and unloading for commercial purposes shall take place at the two northernmost loading doors. 4. All windows and doors on the west side of the residential building shall have a higher STC rating, subject to review and approval by the Planning Director. 5. The roll up doors on the east side of the commercial building shall be kept closed at all times, excluding active loading/unloading periods. 6. Each pair of the 13 pairs of tandem parking stalls shall be assigned to not more than one residence. 7. A trash enclosure shall be provided in accordance with city standards. It shall have a stucco exterior to match the building. Resolution No. 2004 —144 August 3, 2004 Page Five 8. The developer shall provide a declaration of covenants, conditions and restrictions, running with the land, clearly setting for the privileges and responsibilities, including maintenance, payment of taxes, etc. involved in the common ownership of parking areas, walks, buildings, utilities recreational facilities and open spaces, prior to approval of the final map. Said CC&R's shall be subject to approval as to content and form by the City Attorney. The CC&R's shall allow the City the authority but not the obligation to assume maintenance of the property and assess the full cost including overhead costs therefore as a lien against the property if said property is not adequately maintained per the agreement. The CC&R's shall include a determination that the funds provided by the maintenance provisions will be sufficient to cover all contemplated costs. 9. A corporation, association, property owners' group, or similar entity shall be formed with the right to assess all the properties which are jointly owned with interests in the common areas and facilities in the entire development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all of said mutually available features of the development. Such entity shall operate under recorded conditions, covenants, and restrictions approved by the City Attorney as to form and content, which shall include compulsory membership of all owners and flexibility of assessments to meet changing costs of maintenance, repairs and services. 10. If gated, a rapid entry system for Police Department access shall be provided in compliance with Municipal Code Chapter 10.47. 11. Plans must comply with the 2001 editions of the California Building Code, the Califomia Mechanical Code, the California Plumbing Code, the Califomia Electrical Code, and California Title 24 energy and handicapped regulations. 12. A grading and drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall be signed and recorded. The checklists for preparation of the grading plan drainage plan and Standard Urban Storm Water Mitigation Plan (SUSMP) are available at the Public Works Department. Resolution No. 2004 —144 August 3, 2004 Page Six 13. All surface run-off shall be collected by approved drainage facilities and directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface run-off resulting from this development. 14. A soils engineering report shall be submitted for the Public Works Department's review, after Planning Commission approval. The report shall address the stability of all of the existing and proposed slopes on the property. It shall also address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure and the required pavement structural sections for the proposed streets, the parking areas, and the driveways. As a minimum, theparking lot pavement sections shall be 2 inch A.C. over 4 inch Class II aggregate base. The street pavement sections shall be in accordance with National City modified Standard Drawing G-24. All soils report findings and recommendations shall be part of the Public Works Department requirements. 15. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading plan. Any new sewer lateral in the City right-of- way shall be 6 inch in size with a clean out. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. 16. An existing 15 foot wide sewer easement reserved to the City of National City exists on the property and no building encroachment will be allowed Within the easement. The easement shall be shown on the plans. 17. The property is in the Federal Flood Plain area. Flood hazard permit shall be obtained from the Public Works Department. 18. The driveway on 30th Street shall be an alley entrance type driveway with pedestrian ramps. 19. A permit shall be obtained from the Public Works Department for all improvement work within the public right-of-way, and any grading construction on private property. 20. A cost estimate shall be submitted with the plans. A performance bond equal to the approved cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustments. Resolution No. 2004 —144 August 3, 2004 Page Seven 21. A title report shall be submitted to the Public Works Department, after the Planning Commission approval, for review of all existing easements and the ownership at the property. 22. The final parcel map shall meet all of the requirements of the Subdivision Map Act, and the City of National City Municipal Codes including certification, acknowledgement, complete boundary information and monumentation. 23. The subdivider shall submit an approval letter from Sweetwater Authority stating fire flow requirements have been met. If additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Authority prior to obtaining the final map approval. 24. The developer shall bond for the monumentation, the public improvements and the on -site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the final map. 25. All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 26. The final map shall be recorded prior to issuance of any building permit. 27. All new property line survey monuments shall be set on private property, unless otherwise approved. 28. The final map shall use the Califomia Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian, and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. 29. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 30. Exterior walls of buildings/ freestanding signs/ trash enclosures to a height of not Tess than 6 feet shall be treated with a graffiti resistant coating subject to approval from the Building and Safety Director. Graffiti shall be removed within 24 hours of its observance. 31. The property owner shall submit a letter to the Sweetwater Authority stating fire flow requirements. The owner shall enter into an agreement with the Authority for any water facility improvements required for the proposed project. Resolution No. 2004 — 144 August 3, 2004 Page Eight 32. Before this Conditional Use Permit/ Tentative Subdivision Map 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 retum the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit/ Tentative Subdivision Map. 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/ Tentative Subdivision Map 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. 33. Approval of the tentative map expires two (2) years after adoption of the resolution of approval at 5:00 p.m. unless prior to that date a request for a time extension not exceeding three (3) years has been filed as provided by National City Municipal Code §17.04.070. The Conditional Use Permit shall expire concurrent with the tentative map. 34. All uses in Use Group 22 (Light Manufacturing) Appendix D of the Land yse Code shall be prohibited. BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant; and, BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is govemed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 3rd day of August, 2004. Nick Inzunza, Mayor ATTEST: APPROVED AS TO FORM: Michael Dalla, City Clerk George H. Eiser, III, City Attorney MEETING DATE 8/3/04 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 12 / ITEM TITLE Resolution of the City Council Authorizing the Mayor to Execute a Five -Year Lease Agreement Between the City of National City and Austin J. Oliver and Evelyn R. Oliver for Land Usage for the National City Golf Course in the Amount of $300 per Ye PREPARED BYMi el A. Diaz DEPARTMENT Parks & Recreation EXPLANATIOIi 42 A five-year lease agreement was entered into whereby real property belonging to the Olivers was leased for use by the general public as a portion of the Las Palmas Golf Course. The lease began on September 7, 1993. Resolution No. 93-128 was passed and adopted on September 7, 1993,,incorporating said terms and conditions. Lease has expired and is being extended for another five years period. The lease agreement between the City and the Olivers is because the National City Golf Course needs to extend the No. 1 green. The original Agreement with the Olivers was with Austin J. Oliver and Margaret A. Oliver. Due to a new marriage, the current lease is with Austin J. Oliver and Evelyn R. Oliver. The rental fee is $300 per year, for a total of $1,500. Environmental Review XX N/A Financial Statement Funds available in Acct. #105-442-000-399-0000 Approved By: ina Director ��} iU '4UIJT Account No. STAFF RECOMMENDATION Approval BOARD / COMMISSION RECOMMENDATION Approval ATTACHMENTS ( Listed Below ) Lease Agreement dated 9/7/93 Resolution No. 93-128 Lease Agreement Resolution Resolution No. A-200 (9,'99) RESOLUTION NO. 2004 — 145 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FIVE-YEAR LEASE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND AUSTIN J. OLIVER AND EVELYN R. OLIVER FOR LAND USAGE FOR NATIONAL CITY GOLF COURSE IN THE AMOUNT OF $300 PER YEAR WHEREAS, the City of National City is desireous of leasing from Austin J. Oliver and Evelyn R. Oliver ("Lessor") certain real property for the purpose of devoting said property for use by the general public as a portion of the Las Palmas Golf Course, and Lessor is willing to lease their property to the City for said purpose; and WHEREAS, the use of said property for the purpose of aforementioned will benefit the users of the Las Palmas Golf Course, and will promote the general welfare of all the inhabitants of 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 a lease with Austin J. Oliver and Evelyn R. Oliver. Said Lease is on file in the Office of the City Clerk. PASSED and ADOPTED this 3`d day of August, 2004. Nick Inzunza, Mayor ATTEST: Michael Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney LEASE This Lease, made and entered into this 7th day of September , 19 93 , by and between Austin J. Oliver and Margaret A. Oliver, hereinafter designated as "Lessor," and the City of National City, hereinafter designated as "Lessee." RECITALS A. Lessee is desirous of leasing from Lessor certain real property for the purpose of devoting said property for use by the general public as a portion of the Las Palmas Golf Course, and Lessor is willing to lease their property to Lessee for said purpose. B. The use of said property for the purpose aforementioned will benefit the users of the Las Palmas Golf Course, and will promote the general welfare of all the inhabitants of the City of National City. NOW,. THEREFORE, in consideration of the mutual benefit to be derived herefrom, the parties hereto agree as follows: 1. Leased Premises. Lessor does hereby lease, demise and let to Lessee approximately 2500 square feet of land which is part of Assessor's Parcel No. 563-153- 01. A description of the leased premises is set forth in Exhibit "A," attached hereto and incorporated herein by reference. 2. Term. This Lease shall be for a term of five years, beginning on the date first above written, unless sooner terminated as provided herein. P1 3. Rent. Lessee shall pay as rent for the leased premises the sum of $300.00 per year. 4. Use. The above described premises are leased to Lessee by Lessor for the purpose of devoting said property for use by the general public as a portion of the Las Palmas Golf Course. 5. Assignment. This Lease shall not be assigned or transferred nor shall Lessee have the right to sublet the leased premises or any part thereof, without the consent in writing of Lessor. 6. Improvements. During the term of this Lease, Lessee shall be permitted to maintain on the leased premises landscaping and an irrigation system. Lessee shall bear the entire expense arising by reason of this and any other improvements on the leased premises, and any improvements shall conform with all the requirements of laws of t'he State of California and the ordinances of the City of National City, in connection therewith and in the operation and maintenance thereof. 7. Repair. Lessor shall not be liable for the repair or upkeep and/or maintenance of any improvement to be located on the leased premises. Lessee shall be responsible for all maintenance and repair, and the costs of all utilities on the leased premises. Lessee shall keep the leased premises in as good order, condition and repair as reasonable use and wear thereof will permit. 8. Hold Harmless. Lessee hereby agrees to indemnify, defend, and hold harmless Lessor from all liability, loss, costs, claims, demands, suits, and defense costs 2 P2 arising out of the use and maintenance of the leased premises and the improvements thereon by Lessee. 9. Inspection. Lessor shall always have the right to enter the leased premises for the purpose of viewing and ascertaining the conditions of the same and the operation and maintenance thereof. 10. Termination. Lessor may terminate this Lease upon one year's written notice to Lessee. It is agreed that notice by Lessor to terminate this Lease as herein provided shall be served upon the City Manager of the City of National City. 11. Removal of Improvements. It is further agreed between the parties that at the termination or expiration of this Lease or any renewal thereof, and upon written request of Lessor, Lessee shall within ninety (90) days remove any and all improvements, fixtures, or personal property placed or erected on the leased premises, during the term thereof, or any renewal thereof, and that all expense connected with such removal shall be borne by Lessee. 12. Recording. This Lease may be recorded by either party hereto. /// /// 3 P3 IN WITNESS WHEREOF, this Lease is executed by the City of National City, pursuant to resolution authorizing the Mayor to execute the same for and on behalf of said City, and Austin J. Oliver and Margaret A. Oliver have executed this Lease. THE CITY OF NATIONAL CITY By:�„ George aters, .Mayor APPROVED S TO FOR By: .J, •AL George H. Eiser, III City Attorney 4 P4 STATE OF CALIFORNIA COUNTY OF SAN DIEGO On s , 1993, before me, , CONSTANTINE PAPPAGIANIS, a Notary lic in and for said state, personally appeared AUSTIN J. OLIVER, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed' to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity(ies) upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. (SEAL) CCONSTANTINE PAPPAGIANIS COMM.0962435 z ` Notary Pubic—Caifomia i `�' SAN DIEGO COUNTY Comm. Expires MAR 27.1996 STATE OF CALIFORNIA COUNTY OF ORANGE • NOTARY PUBLIC IN AND FOR SAID STAT Oh (2/ , 1993, before me, sAc.L--)-\ > . • Ai.-/`7� - , a Notary Public in and for said state, personally appeared MARGARET A. OLIVER, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person() whose name* is/a subscribed to the within instrument, and acknowledged to me hat /she/thy executed the same in s/her/t> r authorized capacity(;) and that by• lij,k/her/ it signature on the instrument the person•O , or the. entity(ies)upon behalf of which the person(s) acted, executed the instrument. (SEAL) WITNESS my hand and official seal. SANDRA L. TNORNTON COMM. #974151 Notary Public - California ORANGE Cry mfrs. P5 Parcel /✓NKr6Er: 'Hook fait Pa►: 3 3 2 P05'N "A✓enue Na%onal C,ly CA 9riso pwnar5; nL�V�R, Austin $ mhr7 rel. /4 , Leased Area is Cross- Rai-ched Sca(c: ("= /0' NafronQ/ Gay, CA %/SO RESOLUTION NO. 93-128 RESOLUTION OF 1HE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A LEASE WITH AUSTIN J. OLIVER AND MARGARET A. OLIVER WHEREAS, the City of National City is desirous of leasing from Austin J. Oliver and Margaret A. Oliver ("Lessor") certain real property for the purpose of devoting said property for use by the general public as a portion of the Las Palmas Golf Course, and Lessor is willing to lease their property to the City for said purpose; and WHEREAS, the use of said property for the purpose aforementioned will benefit the users of the Las Palmas Golf Course, and will promote the general welfare of all the inhabitants of 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 a lease with Austin J. Oliver and Margaret A. Oliver. Said Lease is on file in the Office of the City Clerk. PASSED and ADOPTED this 7th day of September, 1993. ATTEST: Anne Prnnlr Lo Anne Peoples, Ci y aerk APPROVED AS TO FORM: George H. Eiser, III . City Attorney George H. Waters, Mayor P9 Passed and adopted by the Council of the City of National City, California, on September 7. 1993 by the following vote, to -wit: Ayes: .Councilmen Nays: Councilmen Absent: Councilmen Abstain: Councilmen Dal la. Inzunza, Morrison, Zarate, Waters None None Non e AUTHENTICATED BY: GEORGE H. WATERS Mayor of the .City of National City, California LORI ANNE PEOPLES City Clerk of the City of National City, California (Seal) By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and cor- rect copy of RESOLUTION. NO. 9 3 -128 of the City of National City,. Calif., passed and adopted by the Council of said City on Sept e m be r 7. 1993 City Clerk of the City of National ity, California By: Deputy P10 LEASE This Lease, made and entered into this 3rd day of August, 2004, by and between Austin J. Oliver and Evelyn R. Oliver, hereinafter designated as "LESSOR," and the City of National City, hereinafter designated as "LESSEE". RECITALS A. LESSEE is desirous of leasing from LESSOR certain real property for the purpose of devoting said property for use by the general public as a portion of the Las Palmas Golf Course, and LESSOR is willing to lease their property to LESSEE for said purpose. B. The use of said property for the purpose aforementioned will benefit the users of the Las Palmas Golf Course, and will promote the general welfare of all the inhabitants of the City of National City. NOW, THEREFORE, in consideration of the mutual benefit to be derived herefrom, the parties hereto agree as follows: 1. LEASED PREMISES. LESSOR does hereby lease, demise and let to LESSEE approximately 2,500 square feet of land which is part of Assessor's Parcel No. 563-153-01. A description of the leased premisesis set forth in Exhibit "A", attached hereto and incorporated herein by reference. 2. TERM. This Lease shall commence August 4, 2004, and expire August 3, 2009, provided, however, that commencing August 4, 2005 and August 4 of every year thereafter, one year shall automatically be added to the remaining term of this Lease. Should either party desire that said automatic one year renewal and extension not occur, such party shall give the other party written notice of such fact prior to August 4 of any year of the Agreement. Such notice shall eliminate the automatic one year renewal and extension provision, and the Agreement shall remain in effect for the balance of the term then outstanding. 3. Rent. T.FSSEE shall pay as rent for the leased premises the sum of $300.00 per year. 4. Use. The above described premises are leased to LESSEE by LESSOR for the purpose of devoting said property for use by the general public as a portion of the Las Palmas Golf Course. 5. Assignment. This Lease shall not be assigned or transferred nor shall LESSEE have the right to sublet the leased premises or any part thereof, without the consent in writing of LESSOR. 6. Improvements. During the term of this Lease, LESSEE shall be permitted to maintain on the leased premises landscaping and an irrigation system. LESSEE shall bear the entire expense arising by reason of this and any other improvements on the leased premises, and any improvements shall conform with all the requirements of laws of the State of California and the ordinances of the City of National City, in connection therewith and in the operation and maintenance thereof. P11 7. Repair. LESSOR shall not be liable for the repair or upkeep and/or maintenance o: any improvement to be located on the leased premises. LESSEE shall be responsible for all maintenance and repair, and the costs of all utilities_ on,the leased premises. LESSEE shall keep the leased premises in as good order, condition and repair as reasonable use and wear thereof will permit. 8. Hold Harmless. LESSEE hereby agrees to indemnify, defend, and hold harmless LESSOR from all liability, loss, costs, claims, demands, suits, and defense costs arising out of the use and maintenance of the leased premises and the- improvements thereon by LESSEE. 9. Inspection. LESSOR shall always have the right to enter the leased premises for the purpose of viewing and ascertaining the conditions of the same and the operation and maintenance thereof. 10. Termination. Either party may terminate this Lease upon one year's written notice to the other party. It is agreed that notice by LESSOR to terminate this Lease as herein provided shall be served upon the City Manager of the City of National City. 11. Removal of Improvements. It is further agreed between the parties that at the termination or expiration of this Lease or any renewal thereof, and upon written request of LESSOR, LESSEE shall within ninety (90) days remove any and all improvements, fixtures, or personal property placed or erected on the leased pienuises, during the term thereof, or any renewal thereof, and that all expense connected with such removal shall be borne by LESSEE. 12. Recording. This Lease may be recorded by either party hereto. IN WITNESS WHEREOF, this Lease is executed by the City of National City, pursuant to resolution authorizing the Mayor to execute the same for and on behalf of said City, and Austin J. Oliver and Evelyn R. Oliver have executed this Lease. LESSEE — THE CITY OF NATIONAL CITY By: Nick Inzunza, Mayor APPROVED AS TO FORM: By: George H. Eiser, III City Attorney LESSOR P12 2 Z19 6 e6ej x„ 18IHXR Pard,c( /✓u041..Et-: • . do k Fait Pa ' SG3 o of POS. N "A‘;eMue NaIi ,al , CA 911so :PROPERTY OF AUSTIN J. OLIVER AND EVELYN R. OLIVER Leased Area is .Gross- Na+ched Sc7(c: 1'= /o' ZtoZabed ,V„1f8IHXD MEETING DATE 8/3/04 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 13 ITEM TITLE Resolution of the City Council of the City of National City Authorizing the Mayor to Execute a Contract with the Unified Port of San Diego On a Reimbursable Basis Not to Exceed $22,500 for a Musical Program to be Held at Pepper Park PREPARED BY EXPLANATION This item authorizes the City to enterinto a contract with the Unified Port of San Diego for a concert to be held at Pepper Park on August 8, 2004, for a reimbursable basis not to exceed $22,500. Attached is the musical program. Band is rehearsing program at this time. Park staff will again work with the Band and the Unified Port of San Diego to coordinate the event. Miguel A. x4290 DEPARTMENT Parks & Recreation Environmental Review xx N/A Financial State ent The fee of $2 ,500 is funded by the Port of San DiegoNPPr City support activities of approximately $1,200 can be charged to Governmental Purposes. STAFF RECOMMENDATION Approval BOARD / COMMISSION RECOMMENDATION Approval ATTACHMENTS ( Listed Below ) Musical Program Contract Resolution mOvotata Account NOD01-409-000-,21 0 $2% S0-0-- A-200 (9.99) RESOLUTION NO. 2004 — 146 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH THE UNIFIED PORT OF SAN DIEGO ON A REIMBURSABLE BASIS NOT TO EXCEED $22,500 FOR A MUSICAL PROGRAM TO BE HELD AT PEPPER PARK ON AUGUST 8, 2004 WHEREAS, the City desires the use Pepper Park for a summer musical program to be held on August 8, 2004. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute on behalf of the City a Contract on a reimbursable basis not to exceed $22,500 with the Unified Port of San Diego for a musical program to be held at Pepper Park on August 8, 2004. Said Contract is on file in the office of the City Clerk. PASSED AND ADOPTED this 3`d day of August, 2004. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney NATIONAL CITY COMMUNITY CONCERT BAND MUSICAL SELECTION THAT WILL BE PLAYED AT PEPPER PARK CONCERT SUNDAY, AUGUST 8, 2004 6:00 PM — 8:00 PM "MUSIC FROM STAGE AND SCREEN" This concert will feature music from Broadway shows and major motion pictures, past and present. Music from the following shows and movies has been selected: Pirates of the Caribbean Chicago The Lord of the Rings Mama Mia South Pacific West Side Story Camelot Hatari (Baby Elephant Walk) Porgy. and Bess (Summertime) Ten (Bolero) The Desert Song (The Riff Song) Music Man (76 Trombones) New York, New York (theme) The Wizard of Oz (Over the Rainbow) Cole Porter on Broadway (Medley) Broadway Showstoppers (Medley) Hooray for Hollywood (Medley) P1 AGREEMENT The parties to this Agreement are the SAN DIEGO UNIFIED PORT DISTRICT, a public corporation (District) and the City of National City , Parks & Rccroation Dcpartmcnt, (Service Provider). Recitals: The District desires to enter into an Agreement with Service Provider for the Summer Concert at Pepper Park. The Parties Agree: 1. TERM OF AGREEMENT: This Agreement shall commence upon July 1, 2004 and shall terminate on June 30, 2005 subject to earlier termination as provided below. 2. SCOPE OF SERVICES.: Service Provider shall perform services for District in accordance with this Agreement , dated , attached hereto as Exhibit A and by this reference made a part hereof. Service Provider shall conduct those program activities budgeted and contained in Exhibit A, attached hereto and incorporated herein by reference as a part of this Agreement. Each specific program activity shall be subject to prior approval of the District pursuant to the terms of Board of Port Commissioners Policy Number 025. Service Provider shall keep the Executive Director of the District or his designated representative informed of the progress of said services at all times. 3. PAYMENT TERMS: For performance of services rendered pursuant to this Agreement, District will pay Service Provider a fee based on the following, subject to the limitation of the maximum expenditure provided herein: DOCS #88052v2 REV. 08/18/03 Page 1 of P3 Payment Documentation. Each month, as a prerequisite to payment for services, Service Provider shall invoice District for services performed and for reimbursable expenses authorized by this Agreement and incurred in the prior month, accompanied by such records and receipts as required, including progress reports as described in subparagraph (c) below. If payments are based on established milestones, then Service Provider shall invoice as each milestone is completed, but not more often than once a month. Service Provider shall submit one (1) original and one (1) copy of each statement for payment in the format and containing the information specified in Exhibit A including the certification as follows: "I certify under penalty of perjury that the above statement is just and correct according to the terms of Document No. 47349, and that payment has not been received." c. Progress Documentation. Service Provider shall provide District progress reports in a format and on a schedule as Contract Administrator directs. Progress reports shall include a description of work completed, cumulative dollar costs incurred, anticipated work for the next reporting period, percentage of work complete, and the expected completion date for remaining work. The report shall identify problem areas and important issues that may affect project cost and/or schedule. The report shall present actual percent completion versus planned percent completion. d. Maximum Fee and Invoices. The maximum expenditure under this agreement shall not exceed twenty two thousand five hundred dollars ($22,500.) Said expenditure shall include without limitation all sums, charges, reimbursements, costs and expenses provided for herein. Service Provider shall not be required to perform further services after said sum has been expended. Service Provider shall reference the document number of this agreement on invoices. Service Provider shall DOCS #88052v2 P4 REV. 08/18/03 Page 2 of submit all invoices within 30 days of completion of work represented by the request and within 60 days of incurring costs to be reimbursed under the agreement. Service Provider shall include all back-up documentation for requested reimbursables with the invoices. 4. SERVICE PROVIDER'S RECORDS: In accordance with generally accepted accounting principles, Service Provider shall maintain full and complete records of the cost of services performed under this Agreement. Such records shall be open to inspection of the District at all reasonable times in the City of San Diego and such records shall be kept for at least three years after the termination of this Agreement. Such records shall be maintained by Service Provider for a period of five (5) years after completion of services to be performed under this Agreement or until all disputes, appeals, litigation or claims arising from this Agreement have been resolved, whichever is later. Service Provider understands and agrees that District, at all times under this Agreement, has the right to review project documents and work in progress and to audit financial records, whether or not final, which Service Provider or anyone else associated with the work has prepared or which relate to the work which Service Provider is performing for District pursuant to this Agreement regardless of whether such records have previously been provided to District. Service Provider shall provide District at Service Provider's expense a copy of all such records within five (5) working days of a written request by District. District's right shall also include inspection at reasonable times of the Service Provider's office or facilities which are engaged in the performance of services pursuant to this Agreement. Service Provider shall, at no cost to District furnish reasonable facilities and assistance for such review and audit. Service Provider's failure to provide the records within the time requested shall preclude Service Provider from receiving any payments due under this Agreement until such documents are provided. 5. SUBCONTRACTORS: DOCS #88052v2 REV. 08/18/03 Page 3 of P5 It is agreed it may be necessary for Service Provider to subcontract for the performance of certain technical services or other services for Service Provider to perform and complete the required services. The Service Provider shall remain responsible to the District for any and all services and obligations required under this Agreement, whether performed by Service Provider or its subconsultants. Service Provider shall pay each subconsultant in the time periods required by law. Any subconsultants employed by Service Provider shall be independent contractors and not agents of the District. Service Provider shall insure that its subconsultants satisfy all substantive requirements for the work set forth by this Agreement, including insurance and indemnification. Service Provider shall also include a clause in its Agreements with subconsultants which reserves the right, during the performance of this Agreement and for a period of three years following termination of this Agreement, for a District representative to audit any cost, payment or settlement resulting from any items set forth in this Agreement. This clause shall also require subconsultants to retain all necessary records for three years. 6. SERVICE PROVIDER'S COMPLIANCE: In performance of this Agreement, Service Provider, its subconsultants and subcontractors, shall comply with the California Fair Employment and Housing Act and all other applicable federal, state, and local laws prohibiting discrimination, including without limitation, laws prohibiting discrimination because of race, color, national origin, sexual orientation, religion, age or sex or handicap. Service Provider shall comply with provisions of Labor Code Section 1720 as applicable. 7. INDEPENDENT ANALYSIS: Service Provider shall provide the services required by this Agreement and arrive at conclusions with respect to the rendition of information, advice or recommendations, independent of the control and direction of the District, other than normal contract monitoring provided, however, Service Provider shall possess no authority with respect DOCS #88052v2 REV. 08/18/03 P6 Page 4 of to any District decision beyond rendition of such information, advice, or recommendations. 8. ASSIGNMENT: This is a professional services Agreement between the parties and Service Provider shall not assign or transfer voluntarily or involuntarily any of its rights, duties, or obligations under this Agreement without the express written consent of Executive Director (President/CEO) of District in each instance. INSURANCE REQUIREMENTS: Insurance: The Service Provider agrees to procure and hold at all times during the Term of this Agreement, a commercial general liability policy covering any bodily injury, property damage, personal injury or advertising injury associated with all Marketing Services to be provided under this Agreement, with a per occurrence limit of One Million Dollars ($1,000,000), hereinafter the "Commercial General Liability Policy." This Commercial General Liability Policy shall include an endorsement that adds the District, its officers, employees and agents as additional insured. Proof of such insurance shall be found satisfactory to the District. Service Provider, as a public agency, may utilize its standard risk retention program in full satisfaction of this requirement. Special Instructions: A Certificate of Insurance in a form acceptable to the District, an exemplar of which is attached, evidencing the existence of the required insurance policies and original endorsements effecting coverage required shall be kept on file with the. District. Mail the Certificate and Endorsements to: Audit & Risk Management Services San Diego Unified Port District P.O. Box 120488 San Diego, CA 92112-0488 DOCS #88052v2 REV. 08/18/03 Page 5 of P7 Furnishing insurance specified herein by the District will in no way relieve or limit any responsibility or obligation imposed by the Agreement or otherwise on * or its subconsultants or sub-subconsultants. District shall reserve the right to obtain complete copies of any of the insurance policies required herein. 10.. ACCURACY OF SERVICES: Service Provider shall be responsible for the technical accuracy of its services and documents resulting therefrom and District shall not be responsible for discovering deficiencies therein. Service Provider shall correct such deficiencies without additional compensation. Furthermore, Service Provider expressly agrees to reimburse District for any costs incurred as a result of such deficiencies. Service Provider shall make decisions and carry out its responsibilities hereunder in a timely manner and shall bear all costs incident thereto so as not to delay the District, the project, or anyother person related to the project, including the General Contractor or its agents, employees, or subcontractors. 11. INDEPENDENT CONTRACTOR: Service Provider and any agent or employee of Service Provider shall act 4 an independent capacity and not as officers or employees of District. The District assumes no liability for the Service Provider's actions and performance, nor assumes responsibility for taxes, bonds, payments or other commitments, implied or explicit by or for the Service Provider. Service Provider shall not have authority to act as an agent on behalf of the District unless specifically authorized to do so in writing. Service Provider acknowledges that it is aware that because it is an independent contractor, District is making no deductions from its fee and is not contributing to any fund on its behalf. Service Provider disclaims the right to any fee or benefits except as expressly provided for in this Agreement. 12. ADVICE OF COUNSEL: The parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms and conditions of this Agreement, and DOCS #88052v2 P8 REV. 08/18/03 Page 6 of that the decision of whether or not to seek the advice of counsel with respect to this Agreement is a decision which is the sole responsibility of each of the parties hereto. This Agreement shall not be construed in favor of or against either party by reason of the extent to which each party participated in the drafting of the Agreement. The formation, interpretation and performance of this Agreement shall be governed by the laws of the State of California. 13. INDEPENDENT REVIEW: Each party hereto declares and represents that in entering into this Agreement it has relied and is relying solely upon its own judgment, belief and knowledge of the nature, extent, effect and consequence relating thereto. Each party further declares and represents that this Agreement is being made without reliance upon any statement or representation not contained herein of any other party, or any representative, agent or attorney of any other party. 14. INTEGRATION AND MODIFICATION: This Agreement contains the entire Agreement between the parties and supersedes all prior negotiations, discussion, obligations and rights of the parties in respect of each other regarding the subject matter of this Agreement. There is no other written or oral understanding between the parties. No modifications, amendment or alteration of this Agreement shall be valid unless it is in writing and signed by the parties hereto. 15. OWNERSHIP RECORDS: Any and all materials and documents, including without limitation drawings, specifications, computations, designs, plans, investigations and reports, prepared by Service Provider pursuant to this Agreement, shall be the property of District from the moment of their preparation and the Service Provider shall deliver such materials and documents to District at the District administrative office building whenever requested to do so by District. However, Service Provider shall have the right to make duplicate copies of such materials and documents for its own file, or other purposes as may be DOCS #88052v2 REV. 08/18/03 Page 7 of P9 expressly authorized in writing by District. Said materials and documents prepared or acquired by Service Provider pursuant to this Agreement (including any duplicate copies kept by the Service Provider) shall not be shown to any other public or private person or entity, except as authorized by District. Service Provider shall not disclose to any other public or private person or entity any information regarding the activities of District, except as expressly authorized in writing by District. 16. TERMINATION: In addition to any other rights and remedies allowed by law, the Executive Director (President/CEO) of District may terminate this Agreement at any time with or without cause by giving 30 days written notice to Service Provider of such termination and specifying the effective date thereof. In that event, all finished or unfinished documents and other materials shall at the option of District be delivered by Service Provider to District at the District administration office building. Termination of this Agreement by Executive Director (President/CEO) as provided in this paragraph shall release District from any further fee or claim hereunder by Service Provider other than the fee earned for services which were performed prior to termination but not yet paid. Said fee shall be calculated and based on the schedule as provided in this Agreement. 17. DISPUTE RESOLUTION: If a dispute arises out of or relates to this Agreement, or the alleged breach thereof, and is not settled by direct negotiation or such other procedures as may be agreed, and if such dispute is not otherwise time barred, the parties agree to first try in good faith to settle the dispute amicably by mediation administered at San Diego, California, by the American Arbitration Association, or by such other provider as the parties may mutually select, prior to initiating any litigation or arbitration. Notice of any such dispute must be filed in writing with the other party within a reasonable time after the dispute has arisen. Any resultant Agreements shall be documented and may be used as the basis for an amendment or directive as appropriate. If mediation is unsuccessful in settling all disputes that are not otherwise time barred, and if both parties agree, any still unresolved disputes may be resolved by DOCS #88052v2 P1 O REV. 08/18/03 Page 8 of arbitration administered at San Diego, California, by the American Arbitration Association, or by such other provider as the parties may mutually select, provided, however, that the Arbitration Award shall be non -binding and advisory only. Any resultant Agreements shall be documented and may be used as the basis for an amendment or directive as appropriate. On demand of the arbitrator or any party to this Agreement, subconsultants and all parties bound by this arbitration provision agree to join in and become parties to the arbitration proceeding. The foregoing mediation and arbitration procedures notwithstanding, all claim filing requirements of the Agreement documents, the Califomia Government Code, and otherwise, shall remain in full force and effect regardless of whether or not such dispute avoidance and resolution procedures have been implemented, and the time periods within which claims are to be filed or presented to the District Clerk as required by said Agreement, Government Code, and otherwise, shall not be waived, extended or tolled DOCS #88052v2 REV. 08/18/03 Page 9 of P11 thereby. If a claim is not timely filed or presented, such claim shall be time barred and the above dispute avoidance and resolution procedures, whether or not implemented or then pending, shall likewise be time barred as to such claims. 18. PAYMENT BY DISTRICT: Payment by the District pursuant to this Agreement does not represent that the District has made a detailed examination, audit, or arithmetic verification of the documentation submitted for payment by the Service Provider, made an exhaustive inspection to check the quality or quantity of the services performed by the Service Provider, made an examination to ascertain how or for what purpose the Service Provider has used money previously paid on. account by the District, or constitute a waiver of claims against the Service Provider by the District. The District may in its sole discretion withhold payments or seek reimbursement from the Service Provider for expenses, miscellaneous charges, or other liabilities or increased costs incurred or anticipated by the District which are the fault of or as result of work performed or negligent conduct by or on behalf of the Service Provider. Upon five day written notice to the Service Provider, the District shall have the right to estimate the amount of expenses, miscellaneous charges, or other liabilities or increased costs and to cause the Service Provider to pay the same; and the amount due the Service Provider under this Agreement or the whole or so much of the money due or to become due to the Service Provider under this Agreement as may be considered reasonably necessary by the District shall be retained by the District until such expenses, miscellaneous charges, or other liabilities or increased costs shall have been corrected or otherwise disposed of by the Service Provider at no expense to the District. If such expenses, miscellaneous charges, or other liabilities or increased costs are not corrected or otherwise disposed of at no expense to the District prior to completion date of the Agreement, the District is authorized to pay for such expenses, miscellaneous charges, or other liabilities or increased costs from the amounts retained a,s outlined above or to seek reimbursement of same from the Service Provider. It is the express intent of the parties to this Agreement to protect the District from loss because of conduct by or on behalf of the Service Provider. DOCS #88052v2 P12 REV. 08/18/03 Page 10 of 19. CAPTIONS: The captions by which the paragraphs of this Agreement are identified are for convenience only and shall have no effect upon its interpretation. 20. EXECUTIVE DIRECTOR'S SIGNATURE: It is an express condition of this Agreement that said Agreement shall not be complete nor effective until signed by either the Executive Director (President/CEO) or authorized designee on behalf of the District and by the other party. DATED: ,20 . PORT ATTORNEY SAN DIEGO UNIFIED PORT DISTRICT By: CITY OF NATIONAL CITY By : By: Nick Inzunza Mayor APPROVED AS TO FORM: By : George H. Eiser, III City Attorney DOCS #88052v2 REV. 08/18/03 Page 11 of P13 SDUPD — Service 7/03 SAN DIEGO UNIFIED PORT DISTRICT CERTIFICATE OF INSURANCE CERTIFICATE OF INSURANCE WILL BE ACCEPTED By signing this form, the authorized agent or broker certifies the following: (1) The Policy or Policies described below have been issued by the noted Insurer(s) [Insurance Company(ies)] to the Insured and is (are) in force at this time. (2) As required in the Insured's agreement(s) with the Authority, the policies include, or have been endorsed to include, the coverages or conditions of coverage noted on page 2 of this certificate. (3) Signed copies of all endorsements issued to effect require coverages or conditions of coverage are attached to this certificate. Return this form to: San Diego Unified Port District Audit & Risk Management P. O. Box 120488, San Diego, CA 92112-0488 (619) 686-6432; (619) 686-6424 (Fax) Name and Address of Insured (Contractor or Vendor) SDUPD Contract Number This certificate applies to all operations of named insureds property in connection with all agreements between the -District and Insured. CO LTR TYPE OF INSURANCE POLICY NO. DATES LIMITS Commercial General Liability Occurrence Form Commencement Date: Each Occurrence: $ Claims -made Form Retro Date Expiration Date: General Aggregate: Liquor Liability $ Deductible/SIR: $ Commercial Automobile Liability ❑ All Autos ❑ Owned Autos ❑ Non -Owned & Hired Autos Commencement Date: Expiration Date: Each Occurrence: $ Workers Compensation — Statutory Employer's Liability Commencement Date: Expiration Date: E.L. Each Accident $ E.L. Disease Each Employee $ E.L. Disease Policy Limit $ Professional Liability 0 Claims Made Retro-Active Date Commencement Date: Expiration Date: Each Claim $ CO LTR COMPANIES AFFORDING COVERAGE BEST'S RATING A B C D A. M. Best Financial Ratings of Insurance Companies Affording Coverage Must be A- VII or Better unless Approved in Writing by the District. Name and Address of Authorized Agent(s) or Broker(s) E-Mail Address: Phone: Fax Number: Signature of Authorized Agent(s) or Broker(s) Date: P14 Page 1 of 2 SDUPD — Service 7/03 SAN DIEGO UNIFIED PORT DISTRICT REQUIRED INSURANCE ENDORSEMENT ENDORSEMENT NO. EFFECTIVE DATE POLICY NO. NAMED INSURED: GENERAL DESCRIPTION OF AGREEMENT(S) AND/OR ACTIVITY(IES): All written agreements, contracts, and leases with the San Diego Unified Port District and/or any and all activities or work performed on District owned premesis. Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or in any endorsement now or hereafter attached thereto, it is agreed as follows: 1. The San Diego Unified Port District, its officers, agents, and employees are additional insureds in relation to those operations, uses, occupations, acts, and activities described generally above, including activities of the named insured, its officers, agents, employees or invitees, or activities performed on behalf of the named insured. 2. Insurance under the policy(ies) listed on this endorsement is primary and no other insurance or self - insured retention carried by the San Diego Unified Port District will .be called upon to contribute to a loss covered by insurance for the named insured. 3. The policy(ies) listed on this endorsement will apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer's liability. 4.. As respects the .policy(ies) listed on this endorsement, with the exception of canceflation due to nonpayment of premium, thirty (30) days written notice by certified mail, return receipt requested, will be given to the San Diego Unified Port District prior to the effective date of cancellation, change in coverage, reduction of limits or non -renewal. In the event of cancellation due to nonpayment of premium, ten (10) days written notice shall be given. Except as stated above, and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements or exclusions of the policy(ies) to which this endorsement applies. (NAME OF INSURANCE COMPANY) (SIGNATURE OF INSURANCE COMPANY AUTHORIZED REPRESENTATIVE) MAIL THIS ENDORSEMENT AND NOTICES OF CANCELLATION, LIMIT REDUCTIONS, AND CHANGES IN COVERAGE TO: San Diego Unified Port District Audit & Risk Management P.O. Box 120488 San Diego, CA 92112-0488 Page 2 of 2 P15 City of National City, California COUNCIL AGENDA STATEMENT August 03, 2004 MEETING DATE 14 AGENDA ITEM NO. ITEM TITLE WARRANT REGISTER #2 PREPARED BY R. Palazo EXPLANATION DEPARTMENT Finance EXT. Marylou Matienzo 619-336-4330 Ratification of Warrant Register #2 per Government Section Code 37208. Environmental Review N/A MIS Approval Financial Statement Not applicable. Approved B . mance Directo Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 726,587.74. BOARD / COMMISSION COMMEND TION ATTACHMENTS ( Listed Below ) 1. Warrant Register #2 2. Workers Comp Warrant Register dated 07/07/04 Resolution No. A-200 (Rev. 7/03) Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. DIRE OR CITY MANAGER FINANCE COMMITTEE NICK INZUNZA, MAYOR -CHAIRMAN RONALD J. MORRISON, MEMBER FRANK PARRA, MEMBER LUIS NATIVIDAD, MEMBER FIDELES UNGAB, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 3RD DAY OF AUGUST 2004. AYES NAYS ABSENT Payee City of National City WARRANT REGISTER # 02 7/13/04 Description chk no GREAT AMERICAN INSURANCE CO DEPOSIT PREM FOR WC RENEWAL EMERYVILLE MARRIOTT MICHAEL KING PRINCIPAL FINANCIAL GROUP ACEDO ADV LODGING/MICHAEL KING ADV MEALS/CAR RENTAL/M KING 401K PPE 06/26/04 REIMB PURCH OF CAMP MEALS ADDICTION MEDICINE CONSULTAN DRUG & ALCOHOL TESTING AEARO CO. AIRGAS-WEST ALEXANDER'S LEGAL SEMINARS AMEDEE AMERICAN WATER WORKS ASSOC ANAHEIM MARRIOTT HOTEL ARMY SURPLUS FOR LESS ASSI SECURITY, INC. AT&T AT&T WIRELESS SERVICES AT&T WIRELESS SERVICES AUDITOR AND CONTROLLER AUGUSTINE AUSTIN DOORS BANK OF AMERICA BROWN CALIFORNIA COMMERCIAL SECUR CALIFORNIA ELECTRIC SUPPLY CEB CENTRAL STATES FIRE APPARATU BASE PROGRESS BIOSYSTEMS #54-9044E. PROPANE 194388 194389 194390 194391 194392 194393 194394 194395 REV#29 FOR SD CIVIL LITIGATION MANUAL 194396 EDUC REIMB/WALTER AMEDEE NEGOTIATIC194397 AWWA DUES FOR I SMITH 194398 ADV LODGING/GRANDE/PICAZO/REMMERS/'v194399 NATO STYLE RUCKSACK. HEAVY DUTY FIXED AUTO DOOR WIRELESS CELLPHONE SRVCS #043-741264 194400 194401 194402 CDPD WIRELESS SRVC FOR NCPD #0045518591194403 CDPD WIRELESS SRVC FOR NCPD #17975749 LAFCO COST FY 2004-2005 125 PLAN REIMB/AUGUSTINE MARY LEE LABOR - EMERGENCY REPAIR 1 GATE, 4.75 MAYOR'S TRAINING & TRAVEL/NALEO CONF194408 125 PLAN REIMBBROWN, LORRAINE i OP 45754-NEUTER HEAD/PIN STD 194404 194405 194406 194407 194409 194410 MOP 45698-KIMBALL MEMORIAL BALLAST K 194411 FORMING COMMON INTEREST DEVELOPME1N194412 HME 360 BOLT 194413 chk date amount 7/8/04 13,870.92 7/8/04 282.24 7/8/04 353.00 7/12/04 2,063.65 7/13/04 160.00 7/13/04 775.00 7/13/04 189.78 7/13/04 1,004.38 7/13/04 39.18 7/13/04 553.00 7/13/04 131.00 7/13/04 1,766.40 7/13/04 106.55 7/13/04 125.00 7/13/04 21.08 7/13/04 668.12 7/13/04 362.54 7/13/04 10,675.00 7/13/04 230.76s 7/13/04 605.93 7/13/04 441.00 7/13/04 860.00 7/13/04 16.81 7/13/04 759.29 7/13/04 218.33 7/13/04 792.20 1 CUMMINS CAL PACIFIC, LLC CWEA DATA TICKET INC DEAN'S WEST COAST RADIATOR DEPARTMENT OF JUSTICE DEPARTMENT OF JUSTICE DIXIELINE LUMBER CO. DOCUMENT SERVICES, ISF DREW DURRA INK ENVIRONMENTAL BUSINESS EXPERIAN EXPRESSTEL FAST SIGNS FEDERAL SIGNAL CORPORATION FEDEX FEDEX FLAG CRAFTERS FLOWERS 4 YOU GORMSEN APPLIANCE CO City of National City WARRANT REGISTER # 02 7/13/04 Payee Description chk no chk date amount CHULA VISTA BLUEPRINT CO. PRINTS SPEC 03-2- 194414 7/13/04 260.22 CINGULAR WIRELESS WIRELESS SRVC FOR MAYOR'S OFF #1137828194415 7/13/04 145.26 CITY OF SAN DIEGO JPA COSTS,.ARJIS UTILIZATION, DIRECT 194416 7/13/04 8,171.75 CITY-WIDE ELECTRONICS 3 INVS-CASA DE SALUD SECURITY MONITOR194417 7/13/04 195.00 CONDON REIMB/HIPAA WORKSHOP/DONALD CONDOr194418 7/13/04 71.59 CORPORATE EXPRESS FOLDERS FOR FILE STORAGE (ARCHIVES). 194419 7/13/04 1,561.42 CSAC EXCESS INSURANCE AUTHOR 2004-05 EXCESS WORKER'S COMP PROG 194420 7/13/04 94,097.00 PARTS 194421 7/13/04 2;161.56 CWEA DUES/JOE SMITH 194422 7/13/04 46.00 CITATION PROCESSING MAY'04 194423 7/13/04 3,487.80 REPAIR AND CLEAN 194424 7/13/04 75.00 FINGERPRINTING CHRGS FOR NEW CITY EMI194425 7/13/04 448.00 FINGERPRINTING CHRGS FOR NEW CITY EMI194426 7/13/04 46.00 MOP 45707-UTILITY BANQUET TABLE 194427 7/13/04 1,019.61 DOCUMENT SERVICES ISF MAIL 194428 7/13/04 2,464.57 125 PLAN REIMB/DREW, ROBERT 194429 7/13/04 713.94 MOP 46766-BUSINESS CARDS 194430 7/13/04 85.66 PW FUEL FACILITY PROJECT SPEC 03-4 194431 7/13/04 101.25 CREDIT REPORTS FOR NEW PD EMPLOYEES 1194432 7/13/04 42.00 LONG DISTANCE CARRIER #4-30387-1 194433 7/13/04 301.68 VINYL LETTERING. 'WHITE & BLACK. READ'194434 7/13/04 264.53 SERVICE DEPT LABOR 194435 7/13/04 138.00 FEDEX 194436 7/13/04 18.15 (PIES OF ORDINANCES/LIBRARY-C ATTOR2194437 7/13/04 16.91 CA 3X5 FLAG 194438 7/13/04 300.80 MOP 66155-FLORAL ARRANGEMENT 4TH OF J194439 7/13/04 213.34 SERVICE CALL 194440 7/13/04 100.00 2 Payee GRAINGER GRANDE, DAVID H.M. PITT LABS, INC. HEARTLAND COMM, FAC. AUTHOR HOME DEPOT/GECF HONEYWELL INC. HRADECKY HUNTER'S NURSERY INC. HYDRO-SCAPE PRODUCTS INC. INZUNZA J & M CARPET SERVICE JANIE ANDERSON, CFRE JOSSE JULIAN VILLAGOMEZ KERR LANDA LASER SAVER INC LEGATO SOFTWARE LEXISNEXIS LOCKHART LONG'S DRUG STORES LOPEZ MAGGIORA MAINTEX, INC. MAYER REPROGRAPHICS City of National City WARRANT REGISTER # 02 7/13/04 Description chk no MOP 65179-MAT, 3 X 60 FT ADV MEALS/DAVID GRANDE LEAD WIPE SAMPLES FIRST QUARTER BILLING: HCFA MEMBER PART NO 2500 PSI PW 194441 194442 194443 194444 194445 HVAC CONTRACT MAINTENANCE SERVICES 194446 125 PLAN REIMB/HRADECKY, RUDY MOP 45719-GARDENING PLANTS 194447 194448 RM REMOTE FOR NON-RM CONTROLS W/UN1194449 REIMB FOR OFFICE SUPPLIES COMMERCIAL CLEAN 194450 194451 CAMPAIGN CONSULTING SRVCS/ RESO 2003- 194452 CANCELLED FIB WAGE GARNISHMENT CK#:194453 ADV MEALS/JULIAN VILLAGOMEZ ADV MEALS/CAR RENTAL/DAVID KERR REIMB/PROMOTIONAL ACTIVITIES/LANDA MOP 45725-HP C6614A INKJET BLACK COMP SOFTWARE SUBSCRIPTION. DISK-XTENDER 194454 194455 194456 194457 194458 BOOK PUBLISHING CO. FOR ORDINANCE BO(194459 RFND CITATION#NC240202021 DISMISSED MOP 45727-PHOTO SUPPLIES 194460 194461 TRANSLATION SRVCS-NEW CITY HALL SCHE194462 125 PLAN REIMB/MAGGIORA, NORMA 1 1VITORIAL SUPPLIES DIGITAL PRINTING/PLANS- MCDOUGAL LOVE ECKIS SMITH & CLAIM: EDWORDS MCDOUGAL LOVE ECKIS SMITH & PROF SRVCS MAY 31,2004-GEN MATTERS 194463 194464 194465 194466 194467 chk date amount 7/13/04 868.18 7/13/04 152.00 7/13/04 60.00 7/13/04 60,823.00 7/13/04 499.82 7/13/04 18,054.82 7/13/04 17.70 7/13/04 669.18 7/13/04 1,073.62 7/13/04 72.14. 7/13/04 995.00 7/13/04 7,071.65 7/13/04 414.64 7/13/04 152.00 7/13/04 233.00 7/13/04 56.00 7/13/04 19.34 7/13/04 1,661.46 7/13/04 1,032.63 7/13/04 355.00 7/13/04 113.27 7/13/04 30.00 7/13/04 269.68 7/13/04 606.85 7/13/04 82.07 7/13/04 7,503.50 7/13/04 256.50 3 Payee MCPA MOTOR BOOKS MOTOROLA MYERS & SONS HI -WAY SAFETY NASLAND ENGINEERING NATIONAL CITY DETAIL SHOP NC SENIOR NUTRITION PROGRAMS NC SENIOR NUTRITION PROGRAMS NC SENIOR NUTRITION PROGRAMS NC SENIOR NUTRITION PROGRAMS NC SENIOR NUTRITION PROGRAMS NEXTEL COMMUNICATIONS NORTHLAND INN ONE HOUR PHOTO STOP PACIFIC AUTO REPAIR PBS&J PERRY FORD PERVO TRAFFIC CENTER PICAZO, IVAN POWERSTRIDE BATTERY CO INC PRUDENTIAL OVERALL SUPPLY RAPID TRANSMISSION INC. REED REMMERS RJA MANAGEMENT SERVICES SAN DIEGO DAILY TRANSCRIPT SAN DIEGO DAILY TRANSCRIPT City of National City WARRANT REGISTER # 02 7/13/04 Description ADV REG/DAVID KERR ALLDATA UPDATE/RENEWAL 2004 chk no 194468 194469 MODEL NMN6193. REMOTE SPEAKER LAPEL 194470 TRAFFIC CONES CAPITAL IMPROVMNT PROG MOP 45737-DETAILING UNIT 448 CATERING COP RECEPTION 06/24/04 PURCH OF CAMP MEALS JULY 23, 2004 PURCH OF CAMP MEALS FOR JULY 29, 2004 PURCH OF CAMP MEALS FOR AUG 11, 2004 PURCH OF CAMP MEALS FOR AUG 4, 2004 NEXTEL WIRELESS SRVCS #481082028 ADV LODGING/DAVID KERR MOP 65198-PHOTO DEV AND PRINTS PARTS 194471 194472 194473 194474 194475 194476 194477 194478 194479 194480 194481 194482 BAD DEBT COLLECTION SRVCS MAY 1-31, 201194483 MOP 45703-01 FORD TAURUS TUNE UP MOP 63846-STREET SIGNS ADV MEALS/IVAN PICAZO 194484 194485 194486 AUTO BATTERIES TO REPLENISH STOCK, AS 194487 MOP 45742-LAUNDRY UNIFORMS 194488 PARTS/LABOR 1997 CHEVY ASTRO LIC#10026.194489 REIMB TRVL EXPS/HEALTH WELLNESS SYMI194490 .A6V MEALS/MATT REMMERS EXEC SEARCH SRVCS-POLICE CHIEF ADVERTISING/SPEC 03-11 ADVERTISING/SPEC 03-2 194491 194492 194493 194494 chk date amount 7/13/04 225.00 7/13/04 1,616.25 7/13/04 197.18 7/13/04 336.72 7/13/04 " 772.00 7/13/04 35.00 7/13/04 635.00 7/13/04 175.00 7/13/04 175.00 7/13/04 175.00 7/13/04 175.00 7/13/04 2,294.57 7/13/04 344.94 7/13/04 179.06 7/13/04 493.22 7/13/04 15,662.00 7/13/04 389.69 7/13/04 418.61 7/13/04 152.00 7/13/04 485.69 7/13/04 170.13 7/13/04 2,677.69 7/13/04 197.44 7/13/04 152.00 7/13/04 8,318.17 7/13/04 267.00 7/13/04 216.00 4 Payee SAN DIEGO DAILY TRANSCRIPT SAN DIEGO DAILY TRANSCRIPT SAN DIEGO GAS & ELECTRIC SAN DIEGO GAS & ELECTRIC SAN DIEGO GAS & ELECTRIC SAN DIEGO GAS & ELECTRIC SAN DIEGO GAS & ELECTRIC SAN DIEGO NEIGHBORHOOD NEWS SAN DIEGO NEIGHBORHOOD NEWS SAN DIEGO READER SANDPIPA SANDPIPA SBC/MCI SBC/MCI SCHMIDT DESIGN GROUP SDMSE-SAN DIEGO PROJ HEARTBE7 SHARP REES-STEALY MED GROUP SHARP REES-STEALY MED GROUP SMART & FINAL SMART & FINAL SO CA SKATE PARK COALITION STARTECH COMPUTERS STRATACOM SUN TRUST SUNDANCE STAGE LINES INC. SUNDANCE STAGE LINES 1NC. T.S. INDUSTRIAL SUPPLY City of National City WARRANT REGISTER # 02 7/13/04 Description ADVERTISING/SPEC 03-10 ADVERTISING/04-3 FACILITY/ELECTRIC BILL#86482714057 FACILITY/ELECTRIC BILL#94282909927 FACILITY/ELECTRIC BILL#10441036857 FACILITY/ELECTRIC BILL#68199629265 FACILITY/ELECTRIC BILL#10439934345 ADVERTISING/SPEC 02-1 ADVERTISING 04-3/LAS PALMAS PARK HELP WANTED AD LIABILITY INS RENEW 7/01/04-7/01/05 PROPERTY INSURANCE 7/01/04 TO 7/01/05 TELEPHONE SRVCS #C60-449-7549-555 TELEPHONE SRVCS #619 477-97519616 LANDSCAPE ARCH SRVCS MAY 1-31, 2004 CPR/AED TRAINING ERGONOMIC WORK STA/PW WC TB TESTS MOP 45756-MISC SUPPLIES MOP 45756-MISC SUPPLIES MIGUEL DIAZ MEMBERSHIP FEE chk no chk date amount 194495 7/13/04 186.30 194496 7/13/04 175.50 194497 7/13/04 9,043.15 194498 7/13/04 8,961.72 194499 7/13/04 1,978.91 194500 7/13/04 692.84 194501 7/13/04 15.78 194502 7/13/04 326.25 194503 7/13/04 241.88 194504 7/13/04 87.05 194505 7/13/04 263,689.00 194506 7/13/04 43,246.00 194507 7/13/04 2,341.70 194508 7/13/04 53.78 194509 7/13/04 4,889.84 194510 7/13/04 585.00 194511 7/13/04 750.00 194512 7/13/04 88.50 194513 7/13/04 363.45 194514 7/13/04 142.92 194515 7/13/04 20.00 MOP 61744-KINGSTON/SONY DW DVD/ANTEC194516 7/13/04 4,959.74 MOP 63845-MAILING LABEL - CIVIC CENTER 194517 OW FIRE TRUCK RENTAL PMT#5 07/30/04 CHARTER TRANSPORTATION JULY 24, 2004 CHARTER TRANSPORTATION AUG 13, 2004 KIS XTE-X13-S88/L CLSII LG ORANGE 7/13/04 204.73 194518 7/13/04 5,009.63 194519 7/13/04 881.00 194520 7/13/04 833.00 194521 7/13/04 106.05 5 City of National City WARRANT REGISTER # 02 7/13/04 Payee THE STAR NEWS THE STAR NEWS THE STAR NEWS TRAFFIC CONTROL SERVICE, INC. U.S. HEALTHWORKS U.S. IDENTIFICATION MANUAL UNDERGROUND SERV ALERT UNION TRIBUNE PUBLISHING CO URIAS WHITAKER BROTHERS WILLY'S ELECTRONIC SUPPLY WITTENBORN WOOD & WOOD WRIGHT ZUMAR INDUSTRIES ZUMAR INDUSTRIES CLIMB -IT BAYSHORE TRANSIT MGMT INC BLUE SHIELD OF CA CINTAS CORPORATION #694 COLORALL TECHNOLOGIES COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO CUMMINS CAL PACIFIC, LLC DIXIELINE LUMBER CO KAISER FOUNDATION HEALTH PLA Description chk no 3 INVS /PROVISION FOR CONTINGENCY ADS 194522 ADVERTISING/SEWER SERV CHRGS ADVERTISING OF LEAD TREE TRIMMER SIGNS, RT LANE CLOSED AHEAD, MESH, 194523 194524 194525 MEDICAL SRVCS PRE-EMPLYMNT PHYSICAL 194526 SUBSCRIPTION RENEWAL THROUGH SEP 200194527 450 NEW TICKETS/JULY 2004 ADVERTISING FOR CIVIL ENG'G TECH S/B RFND 227 F AVE SVC AGRMNT 08/05/04-08/04/05 MOP 45763-MISC FACILITIES SUPPLIES T&A 711 REFUND 3129 E 2ND ST/SIDEWALK CLAIM:HANKS REIMB PURCH OF SUMMER CAMP MEALS G AVE 600— MISC SPECIAL VARX9 EXD35- MOBILE ROCK CLIMBING UNIT PAYROLL FOR CK DTD 07/02/04 DENTAL INSUR - JULY 04 MAINT LAUNDRY SERVICE INV#1275/1266/1260/1259/1285- REPAIR BUS PPE 06/26/04 PPE 06/26/04 FE 06/26/04 TRAINING INSITE 6.X MOP 45707-OSCILLATOR W/TIMER HEALTH INSUR - JULY 04 194528 194529 194530 194531 194532 194533 194534 194535 194536 194537 194538 194539 194540 194541 194542 194543 194544 194545 194546 194547 194548 chk date 7/13/04 7/13/04 7/13/04 7/13/04 7/13/04 7/13/04 7/13/04 7/13/04 7/13/04 7/13/04 7/13/04 7/13/04 7/13/04 7/13/04 7/13/04 7/13/04 7/13/04 7/13/04 7/13/04 7/13/04 7/13/04 7/13/04 7/13/04 7/13/04 7/13/04 7/13/04 7/13/04 amount 1,909.69 2,209.14 170.00 128.22 348.00 88.48 630.00 248.08 411.72 329.00 89.34 350.00 790.00 100.00 484.88 484.88 400.00 43,635.15 663.69 162.60 865.00 241.73 50.00 23.04 150.00 33.48 9,692.00 6 City of National City WARRANT REGISTER # 02 7/13/04 Payee Description KIWANIS CLUB OF NATIONAL CITY MAY AND JUNE DUES/MEALS PACIFIC SAFETY COUNCIL PRODISPLAYS PROGRESSIVE BUSINESS PUBLIC PRUDENTIAL INSURANCE ROCKHURST UNIVERSITY RON TURLEY ASSOCIATES, INC SAN DIEGO DAILY TRANSCRIPT SAN DIEGO GAS & ELECTRIC SOUTH COAST MEDICAL CLINIC THE LIGHTHOUSE UNTTED PARCEL SERVICE US DEPT OF EDUCATION VALLEY DETROIT DIESEL ALLISON W.W. GRAINGER, 1NC. WAYNE ELECTRIC CO WINCAL TECHNOLOGY CORP SAFETY TRAINING MATERIALS AMBASSADOR TABLE TOP ANNUAL SUBSCRIPTIONS #300838601 LIFE INSURANCE - JULY 04 TRAINING SEMINAR ANNUAL MAINT AGREEMENT SOFTWARE UP 194555 RFB FOR TRAILERS ELECTRIC 05/28/04 - 06/29/04 PHYSICAL EXAM MOP 45726-LED MARKER LAMP SHIPPING CHARGES PPE 06/26/04 INV#C94766/94570/94020/96850- SEAL INSTL 3V403-5 LAMP, F72T12/CW 713RU ALT. 50DN 24V BELT DRIV PARTS AND SERVICE ON BUS #6011— chk no chk date amount 194549 7/13/04 134.00 194550 7/13/04 210.00 194551 7/13/04 791.96 194552 7/13/04 299.00 194553 7/13/04 213.45 194554 7/13/04 117.95 7/13/04 650.00 194556 7/13/04 535.20 194557 7/13/04 1,792.29 194558 7/13/04 151.75 194559 7/13/04 191.41 194560 7/13/04 20.05 194561 7/13/04 108.92 194562 7/13/04 1,041.94 194563 7/13/04 594.29 194564 7/13/04 673.44 194565 7/13/04 355.00 Total Workers compensation checks 8515 8516 8517 8518 8519 8520 8521 8522 7/7/04 7/7/04 7/7/04 7/7/04 7/7/04 7/7/04 7/7/04 7/7/04 $ 716,139.10 103.46 46.00 320.00 370.00 32.30 572.35 83.93 418.95 7 City of National City WARRANT REGISTER # 02 7/13/04 Payee Description chk no chk date amount 8523 7/7/04 181.27 8524 7/7/04 382.50 8525 7/7/04 434.13 8526 7/7/04 1,724.59 8527 7/7/04 223.50 8528 7/7/04 372.88 8529 7/7/04 122.19 8530 7/7/04 89.95 8531 7/7/04 70.89 8532 7/7/04 60.84 8533 7/7/04 212.35 8534 7/7/04 52.64 8535 7/7/04 72.25 8536 7/7/04 1,496.20 8537 7/7/04 1,464.23 8538 7/7/04 141.08 8539 7/7/04 50.35 8540 7/7/04 693.32 8541 7/7/04 500.00 8542 7/7/04 156.49 Total $ 10,448.64 *Ckit 194388 — TRANSIT WARRANT 1 $ 13,870.92 *Ck#194391 — TRANSIT WARRANT 1 $ 2,063.65 *Ck#194539-194565 — TRANSIT WARRANTS 27 $ 63,397.34 Grand Total 726,587.74 8 City of National City WARRANT REGISTER #02 7/13/04 001 GENERAL FUND 105 PARKS MAINTENANCE FUND 109 GAS TAXES FUND 111 P.O.S.T. FUND 125 SEWER SERVICE FUND 195 LANDSCAPE RESERVE 196 CAPITAL PROJECT RESERVE 231 HOUSING PILOT PROGRAM 253 RECREATIONAL ACTIVITIES FUND 254 LEAD -BASED PAINT HAZARD REDUCTION GRANT 271 JOBS HOUSING BALANCE GRANT 301 GRANT-C.D.B.G. 302 CDC PAYMENTS 303 CAPITAL FACILITIES FUND 307 PROPOSITION A" FUND 348 STATE GRANT 552 TDA 626 FACILITIES MAINT FUND 627 LIABILITY INS. FUND 628 GENERAL SERVICES FUND 629 INFORMATION SYSTEMS MAINTENANC 630 OFFICE EQUIPMENT DEPRECIATION 631 TELECOMMUNICATIONS REVOLVING 632 GENERAL ACCOUNTING SERVICES 643 MOTOR VEHICLE SVC FUND 726 ENGINEERING/PUBLIC WORKS T & A DEPOSITS TOTAL 114,968.06 1,957.26 686.78 635.24 19,037.30 772.00 837.45 154.05 400.00 60.00 500.33 6,829.68 869.18 7,071.65 5.93 4,889.84 79,331.91 44,002.74 420,362.64 1,381.37 6,329.19 1,586.09 6,034.68 286.32 7,248.05 350.00 726,587.74 9 City of National City, California COUNCIL AGENDA STATEMENT August 03, 2004 MEETING DATE 15 AGENDA ITEM NO. ITEM TITLE WARRANT REGISTER #3 PREPARED BY R. Palazo EXPLANATION DEPARTMENT Finance EXT. Marylou Matienzo 619-336-4330 Ratification of Warrant Register #3 per Government Section Code 37208. 1 Environmental Review N/A c. Financial Statement Not applicable. MIS Approval Approved B Fin. nce Director Account No. STAFF RECOMMENDATION I recommend ratification of these warrants for a total of $ 1,361,353.41. BOARD / COMMISSION ECOMMEDATION ATTACHMENTS ( Listed Below' 1. Warrant Register #3 2. Workers Comp Warrant Register dated 07/14/04 3. Payroll Warrant Register dated 07/14/04 Resolution No. A-200 (Rev. 7/03) Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. CITY MANAGER FINANCE COMMITTEE NICK INZUNZA, MAYOR -CHAIRMAN RONALD J. MORRISON, MEMBER FRANK PARRA, MEMBER LUIS NATIVIDAD, MEMBER FIDELES UNGAB, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 3RD DAY OF AUGUST 2004. AYES NAYS ABSENT Payee City of National City WARRANT REGISTER # 3 7/20/04 Description chk no chk date amount MEEKS ADV MEALS/JEFF MEEKS 194566 7/15/04 148.00 EMERYVILLE MARRIOTT ADV LODGING/DAVID ESPIRITU 194567 7/15/04 282.24 ESPIRITU ADV MEALS/CAR RENTAL/D ESPIRITU 194568 7/15/04 353.00 MARRIOTT HOTEL RIVERSIDE ADV LODGING/JEFF MEEKS 194569 7/15/04 279.72 SSDTTF ADV TUITION/JEFF MEEKS 194570 7/15/04 297.00 ACEDO REIMB PURCH OF CAMP MEALS 194571 7/20/04 160.00 ADAMSON INDUSTRIES (SOUTH) MONARCH SUMMIT/ARMOR 194572 7/20/04 4,315.91 ALL AMERICAN SEWER TOOLS EZ40.100.60A GRANADE NOZZLE 194573 7/20/04 450.61 BUSH POWER BRAKE SERVICE MOP 45694-NEW ROTORS 194574 7/20/04 278.76 CALIFORNIA COMMERCIAL SECURITY MOP 45754-REKEY IGNITION 194575 7/20/04 16.50 CALIFORNIA ELECTRIC SUPPLY MOP 45700-CAMAHO SCOREBOARD SUPPLIES 194576 7/20/04 339.97 CARQUEST AUTO PARTS MOP 47557-BRAKE ROTOR/DISC PAD #428 194577 7/20/04 595.31 CHILDREN'S HOSPITAL CHILD SEXUAL ABUSE EXAMS 194578 7/20/04 695.50 CHOICEPOINT AUTO TRACK DATABASE - UNLIMITED ACCES 194579 7/20/04 100.00 CITY OF EL CAJON TECH PERSONNEL SERVICES 194580 7/20/04 145.92 CITY OF NATIONAL CITY PETTY CASH 194581 7/20/04 498.72 CLASSIC PARTY RENTALS CANOPY/TENT 12'X120' ULTRA WHITE 194582 7/20/04 3,099.07 COMPUSA , INC. #309953, HI -SPEED XD AND SMART MEDIA 194583 7/20/04 129.06 CORPORATE EXPRESS MOP 45704-ENVL CSP/LVL ADRS WP 194584 7/20/04 81.36 D-MAX ENGINEERING INC STORM WATER SRVCS MAY & JUN 2004 194585 7/20/04 11,774.75 DAY WIRELESS SYSTEMS ANNUAL MAINTENANCE AND REPAIRS AS 194586 7/20/04 545.37 DELIVERY CONCEPTS, INC. HP-1000 LOCKING HANDLE BODY 194587 7/20/04 120.09 DIXIELINE LUMBER CO. MOP 45707-WORKLIGHT/EXT CORD 194588 7/20/04 323.14 DOUGLAS E. BARNHART, INC CONSTRUCTION MGMT BILLING JUN 30, 2004 194589 7/20/04 18,262.00 DREW FORD MOP 49078-MISC SHOP SUPPLIES 194590 7/20/04 744.28 1 EL LATINO NEWSPAPER ADVERTISING FOR LEAD TREE TRIMMER 194591 7/20/04 81.90 FEDERAL SIGNAL CORPORATION PARK SIREN DEACTIVATOR 194592 7/20/04 110.77 FIRE ETC SEAT BELT 194593 7/20/04 54.34 FLORES REIMB FINGER PRINTING FOR NOTARY PUBLL 194594 7/20/04 50.00 FON-JON KENNELS KENNEL IMPOUNDED GUARD DOG/FORMER K 194595 7/20/04 575.00 FRAZEE PAINT & WALLCOVERINGS MOP 45713-VERSA-TEX WHITE 194596 7/20/04 122.03 GORMSEN APPLIANCE CO TIMER 194597 7/20/04 116.88 GRAINGER MOP 65179-EXT CORDS/SRWDRVR 194598 7/20/04 177.36 GROSSMAN PSYCHOLOGICAL ASSOC. PRE-EMPLYMNT PSYCHOLOGICAL EXAMS JUI 194599 7/20/04 1,737.50 GROSSMAN PSYCHOLOGICAL ASSOC. PRE -EMPLOYMENT PSYCHOLOGICAL EXAMS 194600 7/20/04 720.00 GUSTAFSON RFND CITATION#NC340210077 REDUCED TO $1 194601 7/20/04 50.00 GUSTAFSON RFND CITATION#NC240219014 REDUCED TO $1 194602 7/20/04 50.00 GUSTAFSON RFND CITATION#NC340210078 REDUCED TO $1 194603 7/20/04 20.00 GUSTAFSON RFND CITATION#NC240219016 REDUCED TO $1 194604 7/20/04 20.00 HYDRO-SCAPE PRODUCTS INC. MOP 45720-PLUMBING SUPPLIES 194605 7/20/04 397.76 IKON OFFICE SOLUTIONS WEST INC RFND BUSINESS LICENSE 194606 7/20/04 25.00 JAYNES CORPORATION OF AMERICA CONSTRUCTION OF THE NC LIBRARY 194607 7/20/04 427,358.60 JAYNES CORPORATION OF AMERICA SCWRCBSW PERMIT FEE/REFUND 194608 7/20/04 200.00 KUSTOM SIGNALS INC. IC 2001 7X DLGTN XSTR ARY, PART 194609 7/20/04 97.46 LASER SAVER INC MOP 45725-FAX TONER CATRIDGE 194610 7/20/04 193.79 LEXIS-NEXIS ONLINE CHRGS FOR JUNE 2004 194611 7/20/04 132.77 LONG'S DRUG STORES MOP 45727-MISC FIRST AID KITS & SUPLS 194612 7/20/04 432.41 LOPEZ TRANSLATIONS SRVCS -SEWER BILL 194613 7/20/04 30.00 MAINTEX, INC. JANITORIAL SUPPLIES 194614 7/20/04 2,346.72 MAYER REPROGRAPHICS INV#0053139-IN - DIGITAL BOND 194615 7/20/04 354.78 MONTGOMERY KONE, INC. MECHANIC DOUBLETIME-OT PORTION 194616 7/20/04 557.78 MUNICIPAL MAINTENANCE EQUIP INV#0028834-IN G-1-31-005 THROTTLE CABLE 194617 7/20/04 87.82 NAPA AUTO PARTS MOP 45735-BRUSH/18 INCH 194618 7/20/04 572.32 NC SENIOR NUTRITION PROGRAMS RETIREMENT RECEPTION/CAPTAIN SHORT 194619 7/20/04 300.00 OUCHI'S POWER EQUIPMENT MOP 45740-SHORT BLOCK ES-2100 194620 7/20/04 182.34 PADILLA YURIDIA RFND CITATION#NC240222028 REDUCED TO $1 194621 7/20/04 50.00 PARTS PLUS AUTOSTORE #713 MOP 64946-MISC PARTS SUPPLIES 194622 7/20/04 489.40 PERRY FORD MOP 45703-REPAIR SUSPENSION #433 194623 7/20/04 626.92 PRUDENTIAL OVERALL SUPPLY MOP 45742-LAUNDRY CLEANING 194624 7/20/04 126.53 RODRIGUEZ RFND BUSINESS LICENSE FEES ON 7/07/04 194625 7/20/04 65.00 RON BAKER CHEVROLET-GEO-ISUZU MOP 45751-PART NO 16511565 PLATE 194626 7/20/04 61.63 RURAL FIRE EQUIPMENT, LLC INSPECTION OF FIRE EXTINGUISHER. 194627 7/20/04 78.88 S.D. ROTARY BROOM CO. INC. MOP 62683-600 METAL BASE GB MATERIAL 194628 7/20/04 834.25 SAN DIEGO GAS & ELECTRIC FACILITY/ELECTRIC BILL #29728110755 194629 7/20/04 12,163.69 SAN DIEGO GAS & ELECTRIC FACILITY/ELECTRIC BILL #10091911839 194630 7/20/04 1,332.26 SAN DIEGO GAS & ELECTRIC SEWER/ELECTRIC BILL#29491892373 194631 7/20/04 151.66 SAN DIEGO GAS & ELECTRIC SEWER/ELECTRIC BILL#10092646814 194632 7/20/04 97.57 SCHMIDT DESIGN GROUP DEVELOP ARCHITECTURAL PLANS 194633 7/20/04 5,708.19 SO. CAL TRUCKSTOP MOP 45758-PROPANE 194634 7/20/04 14.38 STARTECH COMPUTERS MOP 61744-NEIGHBORHOOD COUNCIL CAMER 194635 7/20/04 800.58 STRASEN EDUC REIMB-WILLIAM STRASEN 194636 7/20/04 677.00 SUSAN PHAENGDY/ RFND CITATION#NC231226039 REDUCED TO $1 194637 7/20/04 50.00 SWEETWATER AUTHORITY WATER USAGE BILL#920-6000-0 194638 7/20/04 25.38 SWEETWATER AUTHORITY FACILITIES/WATER BILL 14 ACCTS 194639 7/20/04 15,965.14 SWEETWATER AUTHORITY SEWERJWATER BILL#152-27000-0 194640 7/20/04 26.16 THE LIGHTHOUSE, INC. MOP 45726-REPLACEMENT STROBES FOR #413 194641 7/20/04 160.76 TREES TRAVEL EXP REIMB/KATHLEEN TREES 194642 7/20/04 975.42 VALLEY INDUSTRIAL SPECIALTIES MOP 46453-CABLE/PLUMBING 194643 7/20/04 444.47 VIDAURRI T&A 00751 REFUND DEP 2345 N AVE/SIDEWAL 194644 7/20/04 1,000.00 IRON MOUNTAIN RECORDS MGMT RECORDS STORAGE 194645 7/20/04 75.00 NC SENIOR NUTRITION PROGRAMS CATERING FOR MEETING JUL 21, 2004 194646 7/20/04 320.00 NORTHROP GRUMMAN CORPORATION TIME AND MATERIALS TO FIX NETWORK 194647 7/20/04 1,140.00 POSTMASTER REPLENISH POSTAGE STAMPS 194648 7/20/04 148.00 PUBLIC EMP RETIREMENT SYSTEM SERVICE PERIOD 07-04-3 194649 7/20/04 56,939.32 RELIABLE TIRE CO. SCRAP PASS TIRES 194650 7/20/04 935.50 BOARD OF EQUALIZATION FUEL TAX 2ND QTR 194651 7/20/04 298.08 3 CA POLICE ACTIVITIES LEAGUE CHARITABLE CONTRIBUTION 194652 7/20/04 35.00 MARTIN'S VOGUE IN FLOWERS FLOWER ARRANGEMENTS 194653 7/20/04 96.98 T Y CUSTOM DESIGN NATIONAL CITY TRANSIT PINS 194654 7/20/04 410.69 UNISOURCE MAINTENANCE SUPPLY JANITORIAL SUPPLIES 194655 7/20/04 531.87 AMIS AUTOMOTIVE, INC. LABOR TO INSTALL LIFT REPAIRS 194656 7/20/04 1,152.72 AT SYSTEMS WEST INC MONEY TRUCK - JULY'04 194657 7/20/04 341.78 CINTAS CORPORATION #694 MAINT LAUNDRY SERVICE 194658 7/20/04 162.60 CINTAS FIRST AID & SAFETY FIRST AID KIT 194659 7/20/04 158.65 CORPORATE EXPRESS OFFICE SUPPLIES 194660 7/20/04 207.72 COUNTY OF SAN DIEGO GENERAL HAZARDOUS MATERIALS PERMIT 194661 7/20/04 1,284.00 CUMMINS CAL PACIFIC, LLC TURBO, HX40W 194662 7/20/04 5,387.07 DIXIELINE LUMBER CO LOBBY DUST PAN & REFLECTIVE VINYL 194663 7/20/04 32.64 INFINITY WATCH CORP EMPLOYEE WATCHES 194664 7/20/04 483.39 J.J. KELLER & ASSOCIATES, INC. DRIVER GUIDE TO D & A TESTING 194665 7/20/04 184.83 JANKOVICH COMPANY DIESEL FUEL 194666 7/20/04 10,314.93 JOHN BURNHAM INSURANCE SVCS COMMERCIAL CRIME POLICY FY 05 194667 7/20/04 2,594.00 KIWANIS CLUB OF NATIONAL CITY CO-SPONSOR FOR 3RD ANNUAL TRACK MEET 194668 7/20/04 500.00 LAMAR SANITATION PORTA POTTIE SERVICE 194669 7/20/04 120.09 MARQUEZ TSI TRAINING TRAVEL EXPENSES 194670 7/20/04 932.49 MARQUEZ FOOD FOR SAFETY MEETING 194671 7/20/04 149.34 NEW FLYER PARTS CORD YELLOW PASS SIGNAL 194672 7/20/04 230.00 PROCHEM SPECIALTY PRODUCTS INC SUPERWASH 100P 194673 7/20/04 95.90 SAN DIEGO FRICTION PROD. SHOP TOOLS (UNDER $500 EACH) AS NEEDED 194674 7/20/04 3,463.42 SMART & FINAL COFFEE 194675 7/20/04 22.25 SWEETWATER AUTHORITY WATER 04/28/04 - 06/29/04 194676 7/20/04 659.66 FINNELL SCHOLARSHIP-ARIANNA FINNELL 194677 7/20/04 500.00 Workers compensation checks Total 613,024.80 8543 7/14/04 114.47 8544 7/14/04 548.75 4 8545 7/14/04 18.14 8546 7/14/04 320.00 8547 7/14/04 28.89 8548 7/14/04 163.08 8549 7/14/04 17.14 8550 7/14/04 880.38 8551 7/14/04 1,110.00 8552 7/14/04 836.75 8553 7/14/04 150.00 8554 7/14/04 6.32 8555 7/14/04 1,105.43 8556 7/14/04 873.37 8557 7/14/04 60.95 8558 7/14/04 39.90 8559 7/14/04 123.29 8560 7/14/04 56.87 8561 7/14/04 136.07 8562 7/14/04 276.38 8563 7/14/04 256.97 8564 7/14/04 228.96 8565 7/14/04 59.89 8566 7/14/04 83.94 8567 7/14/04 100.00 8568 7/14/04 603.44 8569 7/14/04 122.19 8570 7/14/04 122.19 8571 7/14/04 321.01 8572 7/14/04 329.56 8573 7/14/04 205.84 8574 7/14/04 209.54 5 PAYROLL Pay period Start Date End Date Check Date 232 6/22/04 7/5/04 7/14/04 *CK#194651-194655 - TRANSIT WARRANTS *CK#194656-194676 -.TRANSIT WARRANTS 5 CHECKS 21 CHECKS Total 8575 7/14/04 52.52 8576 7/14/04 9.52 8577 7/14/04 83.94 8578 7/14/04 198.35 8579 7/14/04 241.41 8580 7/14/04 47.39 8581 7/14/04 246.35 8582 7/14/04 72.25 8583 7/14/04 45.27 8584 7/14/04 112.80 8585 7/14/04 59.29, 8586 7/14/04 899.00 8587 7/14/04 122.19 8588 7/14/04 186.35 8589 7/14/04 725.23 8590 7/14/04 50.35 8591 7/14/04 1,013.50 8592 7/14/04 205.60 8593 7/14/04 209.40 8594 7/14/04 117.38 14,207.80 Total 734,120.81 GRAND TOTAL 1,361,353.41 $ 1,372.62 $28,477.48 6 City of National City Warrant Register # 03 7/20/04 001 GENERAL FUND 104 LIBRARY FUND 105 PARKS MAINTENANCE FUND 109 GAS TAXES FUND 111 P.O.S.T. FUND 125 SEWER SERVICE FUND 135 SD COUNTY REG AUTO THEFT TASK 147 GRANT -JUDGE PROGRAM 154 STATE PUBLIC LIBRARY FUND 171 LIBRARY SCHOOL DISTRICT 172 TRASH RATE STABILIZATION .FUND 173 NATIONAL SCHOOL DIST CONTRACT 174 SWEETWATER SCHOOL DIST CONTRAC 188 GRANT - HIDTA 191 STOP PROJECT 196 CAPITAL PROJECT RESERVE 211 SECURITY AND ALARM REGULATION FUND 222 WOW MOBILE GRANT FY 2000-2001 230 ABANDONED VEHICLE ABATEMENT GRANT 231 HOUSING PILOT PROGRAM 241 NATIONAL CITY LIBRARY STATE GRANT 242 N. CITY LIBRARY MATCHING FUND 246 WINGS GRANT 247 LITERACY SERVICES I 251 CLLS AMERICORPS LSTA GRANT I 252 AMERICORPS/CNCS GRANT 253 RECREATIONAL ACTIVITIES FUND 254 LEAD -BASED PAINT HAZARD REDUCTION GRANT 273 CBAG-MAJOR MEXICAN TRAFFICKERS 274 LITERACY INITIATIVE XIII 276 LITERACY SERVICES YEAR 2 301 GRANT-C.D.B.G. 302 CDC PAYMENTS 307 PROPOSITION A" FUND 348 STATE GRANT 552 TDA 626 FACILITIES MAINT FUND 627 LIABILITY INS. FUND 628 GENERAL SERVICES FUND 629 INFORMATION SYSTEMS MAINTENANC 631 TELECOMMUNICATIONS REVOLVING 632 GENERAL ACCOUNTING SERVICES 643 MOTOR VEHICLE SVC FUND 726 ENGINEERING/PUBLIC WORKS T & A DEPOSITS Total 604,575.15 27,089.29 22,673.57 39.14 1,135.36 28,261.02 2,564.80 2,534.35 551.65 56.85 2,539.82 3,181.69 5,683.47 2,861.74 4,451.85 134.78 1,222.49 2,245.87 3,598.80 2,885.15 289,653.39 155,967.21 1,259.28 413.32 1,743.91 3,052.00 114.19 5,627.37 2,997.82 59.16 430.19 13, 320.88 13,440.87 3,669.68 5,708.19 29,850.10 54,004.55 17, 779.88 6,622.20 4,068.09 2,580.69 13,596.20 16,107.42 1,000.00 1,361,353.41 7 City of National City *REFER TO ITEM #22 COUNCIL AGENDA STATEMENT MEETING DATE: August 3, 2004 AGENDA ITEM NO. 16 ITEM TITLE: PUBLIC HEARING: REGARDING THE DOWNTOWN NATIONAL CITY MANAGEMENT DISTRICT AND TO LEVY AND COLLECT ASSESSMENTS WITHIN SUCH DISTRICT PURSUANT TO THE PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994, PART 7 OF DIVISION 18 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE PREPARED BY: Benjamin Martinez, DEPARTMENT Community Development Commission Executive Director EXPLANATION: On June 15, 2004 the City Council approved Resolution No. 2004-98 establishing the Downtown National City Property Business Improvement District and the acceptance of the Engineer's Report. The City Clerk mailed out ballots on July 2004 under the provisions of Article XIII(d) of the State Constitution and thereby commenced the assessment ballot proceed- ing. The City Council shall conduct the Public Hearing upon the proposed assessments as explained in the attached Engineer's report. At the Public Hearing, the City Council shall consider all objections or protests, if any, to the proposed assessment. At the public hearing, any interested person shall be permitted to present written or oral testimony. The public hearing may be continued from time to time. At the conclusion of the Public Hearing conducted pursuant to State law, the City Council shall tabulate the assessment ballots sub- mitted, and not withdrawn, in support of or opposition to the proposed assessment. A majority protest exists if the assessment bal- lots submitted and not withdrawn, in opposition to the proposed assessment, exceed the assessment ballots submitted, and not with- drawn, in its favor, weighting those assessment ballots by the amount of the proposed assessment to be imposed upon the identified parcel for which each assessment ballot was submitted. If there is a majority protest again the imposition of the new assessment, the City Council shall not impose the assessment. The majority protest proceedings described shall not constitute an election or voting for purposes of Article II of the California Constitution or of the California Elections Code. The City Council is advised to adopt resolution establishing the Downtown National City PBID if a majority protest, as defined above, does not exist based upon the returned weighted ballots in the assessment ballot proceeding. Environmental Review X N/A Financial Statement There will be no fiscal impact as a result of this action. STAFF RECOMMENDATION BOARD/COMMISSION RECOMMENDATION None ATTACHMENTS (Listed Below) 1. Notice of Public Hearing 2. Downtown National City Management District Plan 3. District Engineer's Report Resolution No. NOTICE OF A PUBLIC HEARING REGARDING THE THE DOWNTOWN NATIONAL CITY MANAGEMENT DISTRICT AND TO LEVY AND COLLECT ASSESSMENTS WITHIN SUCH DISTRICT PURSUANT TO THE PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994, PART 7 OF DIVISION 18 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE WHEREAS, the Property and Business Improvement District Law of 1994, Part 7 of Division 18 of the California Streets and Highways Code, commencing with Section 36600, (the "Law") authorizes cities and counties to establish, for up to five years initially, property and business improvement districts ("PBID") to promote the economic revitalization and physical maintenance of business districts; and WHEREAS, the Law authorizes cities to levy and collect assessments on real property within such districts for the purpose of providing improvements and promoting activities that specially benefit real property within such districts; and WHEREAS, Articles XIIIC and XIIID of the California Constitution and Section 53753 of the California Government Code impose certain procedural and substantive requirements relating to the levy of new or increased assessments; and WHEREAS, a written petition has been submitted by property owners within Downtown National City requesting the City Council to initiate proceedings pursuant to the Law to establish the Downtown National City Management District for a five (5) year period; and WHEREAS, such petition was signed by property owners in thelproposed district who will pay more than fifty percent (50%) of the assessments proposed to be levied; and WHEREAS, a Management District Plan entitled the "Downtown National City Management District Plan" (the "Management District Plan") and a District Assessment Engineer's Report has been prepared and submitted to the City Clerk, containing all of the information required by Section 36622 of the Law, including a description of the boundaries of the district, the improvements and activities proposed for the district, and the cost of such improvements and activities. Said documents are on file in the office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED that the City Council declares as follows: Section 1. Pursuant to Section 36621(a) of the Law, the National City Council Members declares its intention to establish for five years, "The Downtown National City Management District" (the "District") and to levy and collect assessments against lots and parcels of real property within the District, commencing with fiscal year 2004-05. Attachment No. I Section 2. The Council Members hereby approves the Management District Plan, on file in the office of the City Clerk. Section 3. The City Clerk shall make the Management District Plan and other documents related to the District available to the public for review during normal business hours. Section 4. NOTICE IS HEREBY GIVEN that the Council Members shall conduct a public hearing to establish the District and to levy and collect assessments for fiscal year 2004-05 on August 3, 2004 at 6:00 p.m. or as soon thereafter as the matter may be heard, in the National City Council Chambers located at 1243 National City Boulevard. At the public hearing, the Board will consider all objections or protests, if any, to the proposed establishment of the District and the proposed assessment. Any interested person may present written or oral testimony at the public hearing. Section 5. The boundaries of the proposed District are included in the Management District Plan. See Plan for description. Section 6. The proposed activities for the District include streetscape, sidewalk, parkway and street furniture maintenance, repair and replacement including but not limited to trees, sidewalk pavement, sidewalk bollards, street furniture, trash receptacles and street lights as well as periodic landscape maintenance and steam cleaning services which benefit businesses and real property located in the District. Section 7. The assessment proposed to be levied and collected for fiscal year 2004-05 is $240,772.01. The amount to be levied and collected for subsegchent years may be increased, by an amount not to exceed five percent (5%) per year in accordance with increases in the Consumer Price Index for all Urban Consumers. Section 8. The City Clerk or designee, is hereby authorized and directed to give notice of the public hearing as provided in Section 53753 of the Government Code and Article XIIID, Section 4 of the California Constitution. BENJAMIN MARTINEZ, EXECUTIVE DIRECTOR RECEIVED !4v'1 Community Delvefo tent Ceinfris r DOWNTOWN NATIONAL CITY PROPERTY BUSINESS IMPROVEMENT DISTRICT MANAGEMENT DISTRICT PLAN Formed Under California Streets and Highway Code Section 36600 Property Business Improvement District Act of 1994 FINAL PLAN SUBMITTED TO: THE DOWNTOWN NATIONAL CITY P.B.I.D. STEERING COMMITTEE THE CITY OF NATIONAL CITY COMMUNITY DEVELOPMENT COMMISSION EXECUTIVE DIRECTOR BEN MARTINEZ MAYOR NICK INZUNZA AND CITY COUNCIL MEMBERS LUIS NATIVIDAD, RON MORRISON, FRANCISCO PARRA AND FIDELAS UNGAB PRESENTED BY: MARCO LI MANDRI, NEW CITY AMERICA INC. APPROVED APRIL 30, 2004 UPDATED MAY 24, 2004 1 ATTACHMENT NO. 2 DOWNTOWN NATIONAL CITY PROPERTY BUSINESS IMPROVEMENT DISTRICT MANAGEMENT DISTRICT PLAN FINAL PLAN - MAY 24, 2004 TABLE OF CONTENTS I. INTRODUCTION, EXECUTIVE SUMMARY II. ADDRESS SERIES, GENERAL STREET BOUNDARIES III. WORK PLAN AND BUDGET IV. ASSESSMENT METHODOLOGY TO FUND THE SPECIAL BENEFITS V. RELEVANT ENABLING LEGISLATION, AB 1021 VI. ENGINEER'S REPORT AND RELATIONSHIP BETWEEN ASSESSMENTS PAID AND SPECIAL SERVICES RECEIVED VII. DISTRICT GOVERNANCE APPENDIX A. MAP OF THE DISTRICT B. FIVE YEAR PROJECTION OF ASSESSMENTS C. LIST OF PARCELS INCLUDED IN DISTRICT D. CERTIFIED ENGINEER'S REPORT 2 PART I EXECUTIVE SUMMARY DOWNTOWN NATIONAL CITY MANAGEMENT DISTRICT PLAN Statement of Purpose Over the past two years, the people of San Diego County have begun to see National City in a whole new light. Long identified with the extremely successful National City Mile of Cars, the City now has the distinct identity of a municipal corporation aggressively moving forward on a number of fronts. Whether it be the visionary Marina project, the development of Filipino Village, the beautification of Highland Avenue or the creation of the Education Village in Downtown National City, more things are happening in this City than almost anywhere else in the County. Under the leadership of the Mayor and City Council, as well as the staff of the Community Development Commission, National City is in a race to re -position itself as a great City with bustling commerce, historic significance, a great urban forestry plan, strengthening of ethnic neighborhoods and experimenting with what makes Downtowns work in the 21st Century. Led by a group of significant, small and long-time business and property owners, this effort to establish a Property Business Improvement District was initiated in March 2004. With great speed and tremendous commitment, it is the intent of this district to be established and generate its first revenues by the conclusion of calendar year 2004. Such an undertaking is unprecedented but reflects the seriousness of the effort of the Downtown stakeholders to redefine themselves to the surrounding region. With the growing state budget crisis in California and its resulting impact on the cities, it is safe to assume that current National City general benefit services delivered in the Downtown business district will not increase in the future. To make the Downtown district and community better, commercial and institutional property owners must look at new ways of funding special benefit services to clean up the district as well as promote the area. Such special benefit services could include bringing a new identity to the Downtown business district, funding new gateway signs to the district, regular sidewalk sweeping, sidewalk steam cleaning, removal of bulky items, trash receptacle emptying, providing private security services above and beyond that of the National City Police Department, aiding in the coordination of homeless intervention services, proposing solutions to parking problems, initiating beautification programs, tree planting and maintenance, coming up with new marketing and promotions programs, defining greater visual linkages to the 8th Street Trolley stop as well as serving as an advocacy group of business and property own ers. This proposed Downtown National City PBID or special benefits district would be funded through an assessment levied on each and every parcel in the finalized and approved boundaries in Downtown. Affected property owners have determined the exact costs of funding these special benefit services. All properties, public and private, would be included in this new assessment district. 3 In early April, a survey was mailed to every property owner within the initial study area. The area included all parcels on National City Blvd. between 2"d Street on the north, 12th Street on the south, and along 8th Street from the Trolley Stop on the west to E Avenue on the east. There are 153 parcels in the proposed district, represented by 96 property owners. The district is approximately 34 square blocks. The database compiled by New City America, Inc. reveals the following data that would create the material basis for the apportionment of assessments throughout the district: • 1,465,301 square feet in total lot size; • 448,344 square feet in total building size; • 21,744 linear feet in total frontage The survey results were quite stunning. The results of the survey were as follows: NUMBER OF RESPONSES: Respondentsrepresented the following property variables: Lot size: Building size Linear Frontage 522,523 square feet or 35% of the total 240,713 square feet or 54% of the total 8,248 linear feet or 37% of the total Of those who responded to the survey, the following respondents, (by weight) demonstrated their support for creation of the PBID: Responses from Property Owners Who Returned PBID Survey Response Lot Size Building Size Linear Frontage 77% Support Formation 76% 88% Oppose Formation 24% 12% 23% Of those who responded, the following represent support of specific special benefits funded by the PBID: ➢ 61 % had owned their property for 9 years or less; ➢ 73% were sole proprietorship or family owned properties ➢ 52% believed that National City had been portrayed negatively by the major media in the last few years; ➢ 84% believed that Downtown was unsafe or "safe, however suffers an image as an unsafe district;" ➢ 54% would support property owners funded special benefit security services; ➢ 54% feel their customers would not feel safe walking from the corner of 8th and National City Blvd. and the Trolley Stop; ➢ 64% would support initiation of property owner funded regular sidewalk/gutter sweeping and steam cleaning services; 4 ➢ 70% support property owner funded special events to improve the identity of Downtown; Based upon this level of support, the Downtown National City PBID Steering Committee is presenting the following to all Downtown Property Owners for their consideration: PROPERTY VARIABLES TO BE ASSESSED: Three property variables will be used to fund the special benefit services of the district. Those variables will include: lot or parcel size, building square footage, and linear frontage. Each of these variables can be verified by County records. By law, the district can only fund special benefits, not general benefit services. Building square footage will be further categorized by "use", (retail,hotel, church, public building, office, etc). Use determines needs and therefore special benefit to be received. SERVICES TO BE FUNDED: The primary special benefits to be funded by the creation of the district will be related to maintaining order and cleanliness in the public rights of way. In addition, beautification of the Downtown will be paramount as well as creating concrete visual linkages between the Trolley stop west of the freeway and the heart of the business district at 8`h and National City Boulevard. After order and beautification, district identity and promotional programs will be funded. Finally, a component for administration/corporate affairs and contingency/reserve will be included in the budget. Consistent with state legislation, the district shall remain in place for five years with provisions for annual CPI adjustments as well as annual disestablishments procedures. BENEFIT ZONES: There will be two benefit zones in the proposed district. Benefit Zones are determined by the level and frequency of services to one sector of the district, vs. another. For example, the core area parcels along National City Boulevard between 2"d and 126, as well as 8th Street from the freeway bridge to A Avenue, will constitute Benefit Zone 1. All other parcels in the district will fall into Benefit Zone 2. ANNUAL BUDGET: The annual first year budget is anticipated to be $240,722.01. Benefit Zone 1 parcels will pay a premium due to increased services and increased benefits anticipated to be derived from the formation of the district. Building use will determine the annual building square footage costs, by Benefit Zone. The proposed building uses have been categorized as follows. Each parcel has been analyzed to determine proper category of use and therefore benefit: (Internal parking built into structure will be credited to overall building size). 5 APPORTIONMENT OF BUILDING USES: Building Use Code Description of Use A Retail space, hotels, motels, visitor related B Office and Commercial uses, Independent, free standing parking structures C Industrial/Manufacturing/Distribution D Institutional (School, public, park Church, Tax-exempt properties E Multi -unit housing, apartments (20 units or more) F Multi -unit housing, apartments (9 — 19 units) G Multi -unit housing, apartments (2 — 8 units) H Single Family housing units (not to exceed $240 per year) I Condo units - $ 240:00 flat fee per year Approximately $146,095.30 (61%)'of the assessments will be generated from parcels within Benefit Zone 1. The balance, $94,626.71- (39%) will be generated from Benefit Zone 2 parcels. COST: Downtown National City PBID First Year Costs by Property Variable PROPERTY VARIABLE ANNUAL COST BENEFIT ZONE 1 ANNUAL COST BENEFIT ZONE 2 TOTAL GENERATED BY VARIABLE Lot Square Footage $ 0.0841 per square foot per year' $0.0757 per square foot per year $118,053.09 (49%) Building Square Footage (range) $ 0.1485-$0.1886 per square foot per year $0.1485-$0.1697 per square foot per year $80,075.68 (33%) Linear Frontage $1.8264 per linear foot per year $1.8264 per linear foot per year $39,713.24 (17%) Single Family Home and Condo Annual Fee $ 240.00 $240.00 $2,880.00 (1 %) Total Annual Budget $240,722.01 ANNUAL ADJUSTMENTS: The Board of Directors of the Management Corporation will be given the option to increase the assessments annually based upon the San Diego County regional CPI indicator or by an amount not to exceed 5% from the previons year's assessments. The Management Corporation shall havethe right to shift allocations within the four categories as they feel appropriate and as long as it remains consistent with the intent of the plan. The Board shall also have the right to shift up to 10% per year from category to category, each year, as needs change with the priorities of special benefits. 6 PART II ADDRESS SERIES, GENERAL STREET BOUNDARIES LOCATION: In general, the Downtown National City PBID includes all private and public parcels within the following boundaries: Street Address Series Street Name 704-724 A Avenue 827 B Avenue 811 — 817 C Avenue 831 — 835 D Avenue 41— 43 E. 12th St. 14 — 35 E. 3rd St. 10 E. 5th St. 22-404 E. 8th St. 419 E. 9th St. 810 — 925 Hoover Avenue 205 — 1146 National City Blvd. 225 — 1133 Roosevelt Avenue 25-38 W.11`hSt. 21 W. 12`h St. 30 W. 2nd Avenue 21 — 27 W. 3rd Avenue 21 W. 7th St. 110 — 200 W. 8th St. 111- 225 W. 9th St. 32 — 121 W. Plaza Blvd. 7 PART III WORK PLAN AND BUDGET SERVICES: Special benefit services to be financed by the Downtown National City Boulevard Property Business Improvement District will primarily include funding the following types of services. Based upon the survey results of the property owners, and estimated costs and services, the preliminary special benefits funded by the Downtown National City Property Business Improvement District are as follows: Proposed Downtown National City PBID: 1. Public Rights of Way and Sidewalk Operations (PROWSO) • Sidewalk sweeping; ■ Beautification; ■ Decorations and banners; ■ Enhanced trash receptacle placement and regular emptying; • Removal of bulky items; • Tree and shrub planting and maintenance ■ Work with City on hazardous issues; ■ Maintenance of public order in the sidewalks; • Homeless intervention; • Equipment, supplies, tools; • Misc. 2. District Identity and Streetscape Improvement (DISI) (Predominantly in Benefit Zone 1) • Special events (1 per year); ■ Web site; ■ Pedestrian kiosks/sign age ■ Underwriting advertising coop for hotel and retail 3. Administration and Corporate Operations: • Staffing; • Insurance; • Office related expenses; • Misc. 4. Contingency/Reserve: • Delinquencies; ■ City costs; ■ County costs; • Hardship; • Reserves; 8 Consistent with state law, any property assessment district must confer a special benefit to real property owners paying into the assessment district. At times, specific parcels will derive greater benefit, due to their proximity to a "core" area. These core and peripheral parcels, will from time to time, be designated through "benefit zones." The Downtown National City PBID anticipates two benefit zones, each receiving varying degrees of special benefits funded from the assessment district. The two benefit zones are proposed as follows: Benefit Zones: The Downtown National City PBID Benefit Zones are created based upon the frequency and type of special benefit services that might be desired. For example, the core area near National City Boulevard and 8th Street may need special benefit services six days per week, have large special events and be the focus of many promotional activities. These property owners would pay for those specific special benefit services based upon the anticipated benefit to be received. Benefit Zone Zone 1 (core area) Zone 2 (peripheral area) Boundaries National City Boulevard from 2"d to 12th Street 8th Street from the freeway bridge to A Avenue All other streets in the district not included in Benefit Zone 1 TABLE 1 — FREQUENCY OF SPECIAL BENEFIT SERVICES BY BENEFIT ZONES Special Benefit Service Benefit Zone I Frequency Benefit Zone 2 Frequency Public rights of way and sidewalk operations (PROWSO) 6 days per week 4 days per week District Identity and Streetscape Improvements (DISI) ■ Special Events ■ Holiday Decorations Through programs Once per year Seasonally Through programs None None Administration/Corporate Operations Monday — Friday Monday — Friday 9 PART IV ASSESSMENT METHODOLOGY TO FUND SPECIAL BENEFITS BUDGET: The first year annual budget is projected to be $240,722.01. Annual adjustments of up to a maximum of 5% over the previous year's gross assessment amount are allowable, subject to the approval of the Downtown National City Property Business Improvement District Management Corporation. TABLE 2 — SPECIAL BENEFIT SERVICES BROKEN DOWN BY ESTIMATED COSTS PER BENEFIT ZONE PROWSO Personnel Estimated Costs Service Benefit Zone I Benefit Zone 2 PROWSO: • Sidewalk Sweeping; • Beautification • Decorations and banners • Enhanced trash receptacle emptying • Removal of bulky items ■ Reporting hazards to City; • Removal of bulky items; • Tree and shrub planting and maintenance • Maintenance of public order • Homeless intervention 6 days per week As needed As needed As needed As needed Daily As needed Weekly As needed As needed 4 days per week As needed As needed As needed a As needed Daily As needed Weekly As needed As needed ESTIMATED PERSONNEL NEEDS* % cost of Supervisor; ($ 23,040) 1 maintenance worker, full time, 40 hours per week ($27,850) 1 maintenance worker, six days per week, 48 hours ($30,720) % cost of Supervisor; ($23,040) 1 maintenance worker, full time, 40 hours per week ($27,850) Estimated maintenance personnel costs $81.610 $ 50,890 Total Estimated Personnel Cost $ 132,500 10 *THE PURPOSE OF THIS CALCULATION IS TO PROVIDE A MATERIAL BASIS FOR THE P.R.O.W.S.O. PERSONNEL COSTS. THE ADMINISTERING CORPORATION CAN CONTRACT OUT THESE SERVICES TO A FOR -PROFIT OR NON-PROFIT CORPORATION, OR PROVIDE THE SERVICES IN HOUSE. THESE COSTS ARE ONLY USED AS A REFERENCE, THE LINE ITEM IN THE BUDGET FOR THE P.R.O.W.S.O. PERSONNEL IS ESTIMATED TO BE $132,500.00 ANNUALLY. The basis of determining personnel costs is derived from One Source, a nationwide company that provides employees for many building management companies, as well as BIDs. One Source's rates on labor include workers comp, payroll taxes, check disbursement, health benefits, vacation and sick time. Most importantly, these are contracted employees and therefore release the management corporation of payroll and personnel related liabilities. Total overhead factor of employees, fully loaded, is about 1.6 in an overhead factor from the base wage rate. Supervisor rate was calculated at $ 12.00 per hour, and maintenance workers at $8.00 - 9.00 per hour, starting pay. We reiterate that this is simply a tool for calculating costs of maintenance personnel. The free market, and competitive bidding may produce higher and better results. It is the job of the management corporation to maximize the delivery of special benefit services to the property owners based upon various category and line items of services. The function of this crew is to deal with all services in the public rights of way, including but not limited to: sweeping, beautification, decorations, security, etc. TABLE 3 — SPECIAL BENEFIT SERVICES/P.R.O.W.S.O. NON -PERSONNEL ANNUAL COSTS INCLUDING EQUIPMENT AND MATERIALS PROWS() Equipment and Materials Estimated Annual Cost Truck lease, insurance $ 6,000 Uniforms $ 1,000 Communications $ 4,000 Supplies $ 8,000 Water $ 1,000 Dumpster costs $ 6,000 Nursery Items $ 8,000 Small Equipment $ 3,000 Miscellaneous $ 3,500 Total Estimated Annual Equipment Costs $ 40,500 Again, these services may be provided by an outside contractor, however accommodations must be made for these costs whether done in-house of to an outside contractor. In addition, this budget does not assume any grants from public agencies or foundations that could underwrite the costs of equipment. Nor does it assume that the City would pay for landscaping water related costs or dumpster removal fees, both of which could be negotiated with the CDC. 11 TABLE 4 — DISTRICT IDENTITY AND STREETSCAPE IMPROVEMENTS SUGGESTED BUDGET ITEMS Program to be funded/Both Benefit Zones Estimated First Year Annual Cost Special events (1 per year); $ 5,000 Logo Creation (First Year only) $ 1,000 Web site creation and maintenance $ 4,000 Pedestrian kiosks/signage annually $ 4,000 Total Estimated First Year Annual Costs $ 14,000 TABLE 5 — ADMINISTRATION AND CORPORATE OPERATIONS SUGGESTED ALLOCATIONS Program to be Funded Estimated First Year Annual Cost Staff (Community Advocacy, retail attraction, Corporate minutes, administration to Board) $ 26,000 Insurance $ 3,000 Office rent $ 6,000 Phone/Fax $ 1,000 E-mail Service $ 800 Office supplies $1,000 Office Equipment $ 2,000 Utilities $ 1,200 Total Estimated Annual Costs $ 41,000 TABLE 6 — SPECIAL BENEFIT SERVICES/CONTINGENCY — RESERVE ANTICIPATED NEED Program to be Funded Estimated First Year Cost County Costs (1.7% of total assessments) City costs ($500.00 per year) No -pays, (uncollected assessments) (?) Misc/Reserve (Balance of expenses) Total Estimated Annual Costs $ 12,772.01 12 TABLE 7 — TOTAL FIRST YEAR DOWNTOWN NATIONAL CITY SPECIAL BENEFIT SERVICES BUDGET LINE ITEMS BASED UPON SUGGESTED PROGRAMS AND ALLOCATIONS Program First Year Allocation % of Total Budget Public Rights of Way and Sidewalk Operations — Personnel and Equipment for All Benefit Zones $ 173,000.00 72% District Identity and Streetscape Improvements $ 14,000.00 6% Administrative/Corporate Operations $ 41,000.00 17 % Contingency/Reserve $ 12,722.01 5% Total Estimated First Year Costs of Programs $ 240,722.01 100% METHOD OF FINANCING: This method of financing the special services is based upon the levy of assessments on real property that benefits from proposed improvements and activities. This represents a "benefit assessment district" as defined in the California Streets and Highway Code. Assessed valuation cannot be used as the basis for special benefits assessments due to the introduction of Proposition 13 into the state constitution in 1978. There are at least four basic factors that will be used in determining individual assessments. These factors include 1) linear frontage, 2) land area and 3) building square footage, 4) building Arse. The assessments for the Downtown National City PBID are based upon these variables, which have been endorsed by the property owners as the most fair and equitable for apportionment of assessments to participating parcels. Linear frontage will be assessed on all sides of the parcel receiving benefit. PBID assessments would be collected annually by the San Diego County tax assessor and would appear as a line item on the annual property tax bills. The assessments are collected by the County and transferred to the City of National City. They are then transferred directly to the Downtown National City PBID Management Corporation. The funds are then allocated consistent with the previously agreed upon programs in the Management District Plan. TABLE 8 - TOTAL GROSS DOWNTOWN NATIONAL CITY PBID PROPERTY VARIABLES Property Variables Total in District Lot Size 1,465,301 square feet Building Size 448,344 square feet Linear Feet 21,744 linear feet There are 153 parcels and 96 legal owners currently in the database of the above mentioned property variables. There are about 34 square blocks in the district. 13 Apportionment of Costs to Property Variables used in the Assessment Methodology As is common practice, various property variables fund different special benefit services in the district. We have employed an assessment methodology that we believes supports the relationship between assessments paid and benefits received. The following programs and services must confer a special benefit to real property owners to be consistent with Article XIII (d) of the state constitution. ANNUAL BUDGET: The annual first year budget is anticipated to be $240,722.01. Benefit Zone 1 parcels will pay a premium due to increased services and increased benefits anticipated to be derived from the formation of the district. Building use will determine the annual building square footage costs, by Benefit Zone. The proposed building uses have been categorized as follows. Each parcel has been analyzed to determine proper category of use and therefore benefit: (Internal parking built into structure will be credited to overall building size). TABLE 9 - DEFINITION OF BUILDING/LAND USES: Building Use Code Description of Use A Retail space, hotels, motels, visitor related B Office and Commercial uses, Independent, free standing parking structures C Industrial/Manufacturing/Distribution Institutional (School, public, park Church, Tax-exempt properties D E Multi -unit housing, apartments (20 units or more) F Multi -unit housing, apartments (9— 19 units) G Multi -unit housing, apartments (2 — 8 units) $ H Single Family housing units (not to exceed $240 per year) I Condo units, $ 240.00 flat fee per year The proposed apportionment of special benefits to the various property variables are as follows: 14 TABLE 10 - APPORTIONMENT OF SERVICES TO PROPERTY VARIABLES Program to be Funded Benefit Zone Apportioned to Variable PROWSO: • Maintenance Personnel 1 '/2 to all building square footage, ($ 81,610) ''/ to all lot size in Benefit Zone 1 • Maintenance Personnel 2 '/ to all building square footage, ( $50,890) '/2 to all lot size in Benefit Zone 2 • Non -personnel, equipment 1, 2 All linear frontage, apportioned ($ 40,500) equally in both Benefit Zones DISTRICT IDENTITY AND STREETSCAPE IMPROVEMENTS: • Special events (1 per year) 1 Building square footage "a" only ($5,000) • Logo creation 1, 2 Building square footage a — c ( $1,000) • Web site creation/maintenance 1, 2 Building square footage a — c ($ 4,000) • Pedestrian kiosks/signage 1, 2 Building square footage a — d ($ 4,000) ADMINISTRATION AND CORPORATE 1, 2 Apportioned equally to all lot size OPERATIONS ($ 41,000) in both zones CONTINGENCY/RESERVE 1, 2 Apportioned equally to all lot size ($ 12,722.01) in both zones The assessment methodology annual costs are summed up in the following table: 15 TABLE 11 — ANNUAL COSTS PER SPECIAL BENEFIT SERVICE AND BENEFIT ZONE Benefit Zone Lot Square foot annual costs Building square foot annual costs Linear frontage annual costs Contribution to total budget 1 $0.0841 a. $0.1886 b. $0.1696 c. $0.1696 d. $0.1577 e. $0.1485 f. $0.1485 g. $0.1485 $1.8264 $146,095.30 Benefit Zone Lot Square foot annual costs Building square foot annual costs Linear frontage annual costs Contribution to total budget 2 $0.0757 a. $0.1697 b. $0.1697 c. $0.1697 d. $0.1578 e $0.1485 f. $0.1485 g. $0.1485 $1.8264 $94,626.71 Both Condos and Single family homes $ 240.00 per year per unit Approximately $146,095.30 (61%) of the assessments will be generated from part°els within Benefit Zone 1. The balance, $94,626.71 (39%) will be generated from Benefit Zone 2 parcels. CONDO FACTOR: It is unknown at this point how much future condos will contribute to the district. Since the condos are being built in mixed use or commercially zoned areas, they are not exempt from payment into the assessment district. The condo owners will derive and appreciate the special benefit services they will receive from the cleaning and beautification services in the district. Provisions will be made to avoid a property variable and unit assessment for condos. Once a parcel or parcel(s) have been converted to condos, the per unit fee will kick in, however that parcel will have its linear frontage, building square footage and lot size deleted as a variable to be assessed. For example, if a 5,000 square foot lot is converted from a parking lot to a 10 unit condo development, that parcel will be reassessed to capture the $2,400 condo assessments annually now generated from that parcel (10 x $240.00 per year). Simultaneously, the property variables of that parcel, will be eliminated from the overall PBID database so the new condo owners are not doubly assessed for their property variables and condo units. Condos and residentially utilized single family residences will pay the same flat fee per year into the district. Condos will be fully assessed once they have been constructed and parcelized. Condos under construction shall pay $240, less a 50% reduction until completed and parcelized. 16 TABLE 12 - DOWNTOWN NATIONAL CITY PBID FIRST YEAR COSTS BY PROPERTY VARIABLE PROPERTY VARIABLE ANNUAL COST BENEFIT ZONE 1 ANNUAL COST BENEFIT ZONE 2 TOTAL GENERATED BY VARIABLE Lot Square Footage $ 0.0841 per square foot per year $0.0757 per square foot per year $118,053.09 (49%) Building Square Footage (range) $ 0.1485-$0.1886 per square foot per year $0.1485-$0.1697 per square foot per year $80,075.68 (33%) Linear Frontage $1.8264 per linear foot per year $1.8264 per linear foot per year $39,713.24 (17%) Single Family Home and Condo Annual Fee $ 240.00 $240.00 $2,880.00 (1%) Total Annual Budget $240,722.01 TABLE 13 - AMOUNTS GENERATED BY DOWNTOWN NATIONAL CITY PBID Property Variable Total Gross Variable, Both Benefit Zones Amount Generated First Year Parcel or Lot Size 1,465,301 $118,053.09 Building Square Feet 448,344 $80,075.68 Linear Frontage 21,744 $39,713.24 Single Family Home and Condo Annual Fee 12 $2,880.00 Total Assessments, First Year — Both Zones $240,722.01 l7 PART V RELEVANT ENABLING LEGISLATION, AB 1021 The relevant enabling PBID legislation, which allows the property owners of Downtown National City to fund these special benefit services, is to be found in... • Section 36600 of the California Streets and Highway Code known as the Property Business Improvement District Law of 1994. (Amended in 2000, 2003) On July 20, 2001, Governor Gray Davis signed AB 1021, approving changes to the Property Business Improvement District Law of 1994, (Cal. Streets and Highway Code Sections 36600 et. Seq.) which changes several procedures involving PBIDs. The law became effective on January 1, 2002. The major change within the law is the establishment of an "Owner's Association." This Association will be a private, non-profit entity that will contract with the City to manage the PBID. It will be subject to the Brown Act (Ca. Government Code Sections 54950 et seq.) and the California Public Records Act (Cal Government Code Sections 6250 et seq.). However, the Association will not be considered as a public entity for any other purpose. Similarly, any board members or staff will not be considered public officials. Under the amended law, all property owners who do not pay assessments will be subject to penalties for delinquent payments. The amended statute also provides pro visions for renewal of the PBID. If the PBID is renewed after its first term (up to five years); the funds from the prior district may be used in the: renewed district only for the benefit of the parcels within the boundaries of the prior district. If no parcels from the prior district are within the renewed district, the funds must be returned to the property owners. Also, upon renewal, a district may be renewed for up to ten years. These changes clarify issues regarding PBID operations and formation and the status of the non-profit organizations that manage PBIDs in the aftermath of the court ruling in Epstein vs. the Hollywood Entertainment District. The Epstein decision classified non-profit organizations that managed PBIDs as publicentities for purposes of the Brown Act. The issue has been raised that if the organizations were public entities for the Brown Act, could they also be public entities for other acts, such as the Political Reform Act. The changes in the new legislation ensure that these PBID and BID Management Corporations are not considered public entities for any California law except the Ralph M. Brown Act and the Public Records Act. Proposition 218 (Article XIII D of the s(ate. constitution) states in Section 4 (a): "No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional benefit conferred on that panel. Only special benefits are assessable, and an agency must separate the general benefits from the special benefits conferred on a parcel." 18 FORMATION: • District formation requires submittal of petitions from property owners representing at least 50% of the total assessment. The "Right to Vote on Taxes Act" (Proposition 218) requires that more than 50% of the ballots received, weighted by assessment, be in support of the District. • This petition support ensures that the mail ballot procedure will be successful in the formation of the district. Once the necessary threshold of petitions have been collected, the management district plan will then be submitted to the City to begin processing the public hearing. With the adoption of an ordinance of intention, the City Council will authorize the City Clerk to send out the mail ballots to all affected property owners to determine their support for the establishment of the district. • When all is said and done, the first assessments should be collected with the annual property tax bill in December 2004 with the Management Corporation receiving its first installment payment in January 2005. DURATION: ■ Pursuant to State Law, the District will have a set term. The proposed district will have a five-year Life commencing January 1, 2005. After five years, the petition process must be repeated for the District to be re-established. 19 TIME LINE AS SPECIFIED BY LAW: The district must be established to take advantage of the County's tax assessment notification schedule. Mindful of that, all property related assessment districts must be established by the end of July in any calendar year, in order to have assessments levied on parcels for the upcoming fiscal year. In our case, the district must be established through an assessment ballot proceeding in late July 2004, in order to notify the County in time for the 2004-05 fiscal tax year. The first assessments would then appear on the property tax statements due in December 2004. In order to take advantage of this schedule, as well as to generate revenues in early 2005, the following time line has been adopted to ensure timely funding of special benefit programs: To work effectively, we must look at the completion date and work backwards: Date must be completed by Task to be completed July 20`", 2004 Public hearing/assessment balloting proceeding, ballots counted by weight June 8`" Resolution of intent by City to establish the district May f'-June 7'" Property owners representing 50% of the weight, based upon assessments to be levied, must sign petition endorsing the management district plan; Assessment engineer certifies plan as compliant with Proposition 218 April 30'" Finalize management district plan including special benefit services to be provided, duration of district, boundaries, benefit zones, assessment methodology, administration, etc. Initiate petition drive April 20, 2004 First rough draft Management District Plan submitted to PBID Steering Committee 20 PART VI ENGINEER'S REPORT, EXEMPTIONS, ANNUAL ASSESSMENT INCREASES AND THE DURATION OF THE DISTRICT A. Assessment Methodology Property owners in Downtown National City have emphasized that an assessment formula for a PBID be fair, balanced and commensurate with special benefits received. NEW CITY AMERICA has contracted with Ed Henning and Associates to come up with a plan that has been certified by a licensed engineer. In preparing the engineer's report for the Downtown National City PBID, the engineer concluded that the special benefit to each parcel was found to be proportional to the property variable and their apportionment. An Engineer's report for the PBID is provided in the Appendix. B. Time and Manner for Collecting Assessments: As provided by state law, the Downtown National City Property Business Improvement District will appear as a separate line item on the annual property tax bills prepared by the San Diego County Tax Assessor. Property tax bills are generally distributed innthe Fall and payment is expected by lump sum or in two installments. The County Assessor shall distribute the assessments to the City who will in turn then forward them to the designated Downtown National City PBID Management Corporation pursuant to the authorization of this plan. Existing laws for enforcement of property taxes apply to the Management District assessments. The assessments shall be collected at the same time and in the same manner as for any possessory interest tax paid to the County of San Diego. These assessments shall provide for the same lien priority and penalties for delinquent payment as is provided for the possessory interest tax. The "property owner" of the possessory interest shall be any person as the owner/taxpayer on the last equalized possessory interest assessment roll or otherwise known to be the owner/taxpayer by the City Council. The City Council has no obligation to obtain other information as to the ownership of the interest, and its determination or ownership shall be final and conclusive for the purposes of this district. 21 C Publicly Owned Parcels and Government Assessments: The Downtown National City PBID Steering Committee assumes that the City of National City, The Community Development Commission, Southwestern College, the County, the Unified School District, the State of California and any other publicly owned parcels will pay assessments for the special benefits conferred upon government owned property within the boundaries of the PBID. Article XIII D of the California Constitution, (Proposition 218), explains the basis for assessing publicly owned parcels: "Parcels within a district that are owned or used by any agency, the State of California or the United States shall not be exempt from Assessments unless the agency can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit. D. Annual Assessment Adjustment: The PBID Management Corporation, will be granted the option of increasing the assessments annually based upon the Consumer Price Index of San Diego County or by a flat amount, not to exceed 5% per year. E. District Duration: Pursuant to State PBID Law, the Downtown National City PBID will have a duration of live years, commencing on January 1, 2005 and extending through December `31st 2009. This is the maximum period allowable for a new PBID under state legislation. Any continuation of the District after its five-year period will require compliance with all regulations and statutes in place at the time relative to the establishment of the new PBID. 22 PART VII DISTRICT GOVERNANCE AND THE DOWNTOWN NATIONAL CITY P.B.I.D. MANAGEMENT CORPORATION A few rules and regulations should be considered by the Downtown National City PBID Management Corporation in the administration of the district. Conflict of Interest: • Any stakeholder who serves on the administering corporation's Board of Directors shall recuse himself or herself from any vote in which a potential conflict of interest is apparent. Such potential conflicts include, but are not limited to, prioritizing capital improvement projects which result in special benefit to specific property owners, prioritization of services to benefit a particular owner or group of owners, hiring or selecting the relatives of Board members, etc. In addition, the Management Corporation shall aim to meet the following operational objectives for the district... • Create and manage programs that best respond to the top priorities of district property owners; • Maximize coordination of the City government to avoid duplication of services and to leverage resources; • Deliver services through a cost-effective, non -bureaucratic and easy to access organizational structure; • Provide accountability and responsiveness to those who pay through open access to Board meetings, elections to the Board and Board records. 23 APPENDIX A MAP OF THE DISTRICT 24 st- Downtown National City PBID Benefit Zone 1 Benefit Zone 2 0 APPENDIX B FIVE-YEAR PROJECTION OF THE ASSESSMENTS ASSUMING THE MAXIMUM ANNUAL INCREASE 25 Downtown National City P.B.I.D. FIVE YEAR PROJECTION OF ASSESSMENTS WITH 5% ANNUAL ADJUSTMENT Projected Budget 2005 5% 2006 5% 2007 5% 2008 5% 2009 Public Rights of Way and Sidewalk Operations $173,000.00 $8,650.00 $181,650.00 $9,082.50 $190,732.50 $9,536.63 $200,269.13 $10,013.46 $210,282.58 District Identity and Streetscape Improvements $14,000.00 $700.00 $14,700.00 $735.00 $15435.00 $771.75 $16,206.75 $810.34 $17,017.09 Administrative/Corporate Operations $41,000.00 $2,050.00 $43 050.00 $2,152.50 $45 202.50 $2 260.13 $47,462.63 $2,373.13 $49,835.76 Contingency/Reserve $12,722.01 $636.10 $13,358.11 $667.91 $14,026.02 $701.30 $14,727.32 $736.37 $15,463.68 Total $240,722.01 $12,036.10 $252,758.11 $12,637.91 $265,396.02 $13,269.80 $278,665.82 $13,933.29 $292,599.11 6/8/04 APPENDIX C LIST OF PARCELS INCLUDED IN THE DISTRICT 26 APN 555 030 01 00 555 030 02 00 555 030 03 00 555 030 04 00 555 030 05 00 555 030 06 00 555 030 07 00 555 030 08 00 555 030 09 00 555 030 10 00 555 030 11 00 555 030 12 00 555 030 13 00 555 030 14 00 555 030 17 00 55 030 20 00 555 030 21 00 555 030 22 00 555 041 01 00 555 041 02 00 555 041 03 00 555 041 04 00 555 041 05 00 555 041 06 00 555 041 07 00 555 041 08 00 555 041 09 00 555 041 10 00 555 042 10 00 555 042 15 00 355 042 17 00 55 042 18 00 555 052 04 00 555 052 05 00 355 052 06 00 355 052 14 00 Annual Assessment $240.00 $427.32 $0.00 $0.00 $240.00 $0.00 $240.00 $1,358.46 $278.41 $339.52 $270.50 $344.51 $282.92 $500.53 $1,089.50 $4,997.45 $3,644.29 $6,609.58 $878.28 $472.48 $3,616.36 $1,063.44 $570_74 $571.49 $694.46 $511.82 $511.82 $1,206.28 $1,080.70 $3,104.82 $3,458.95 $7,001.77 $694.46 $649.75 $471.60 $2,453.40 NATIONA PARCELS APN 555 052 15 00 555 053 17 00 555 054 12 00 555 081 09 00 555 081 10 00 555 081 14 00 555 081 15 00 555 081 16 00 555 081 17 00 555 082 01 00 555 082 02 00 555 082 03 00 555 082 04 00 555 082 05 00 555 082 06 00 555 082 10 00 555 082 11 00 555 083 21 00 555 083 22 00 555 083 23 00 555 083 24 00 555 085 01 00 555 085 02 00 555 085 03 00 555 085 04 00 555 085 05 00 555 085 06 00 555 085 07 00 555 113 04 00 555 113 05 00 555 113 08 00 555 113 11 00 5551131200 5551131300 555 114 01 00 555 114 02 00 L CITY PBID TO BE ASSESSED Annual Assessment $2,361.54 $22,785.90 $6,377.83 $510.24 $267.23 $396.50 $216.88 $695.37 $1,992.94 $1,855.29 $244.19 $527.88 $399.68 $1,137.98 $960.23 $1,533.33 $4,097.40 $1,846.85 $5,094.43 $2,989.50 $5,751.78 $622.48 $240.00 $240.00 $464.11 $2,797.35 $187.37 $4,258.90 $808.87 $792.75 $1,269.33 $2,084.78 $1,569.72 $1,133.05 $240.00 $240.00 APN 555 114 03 00 5551140400 555 114 05 00 555 114 06 00 555 114 07 00 5551141100 5551141200 555 114 13 00 556 101 01 00 556 101 02 00 556 101 15 00 556 101 16 00 556 104 01 00 556 104 02 00 556 104 18 00 556 210 25 00 556 210 26 00 5562102700 556 212 01 00 5562120200 5562120300 556 212 04 00 556 212 05 00 556 212 06 00 556 212 07 00 556 331 03 00 556 331 04 00 556 331 05 00 556 331 14 00 556 331 15 00 556 331 20 00 556 331 21 00 556 331 22 00 556 331 23 00 556 331 24 00 556 331 25 00 Annual Assessment $215.59 $220.14 $452.48 $652.46 $1,151.14 $330.42 $1,594.28 $1,569.62 $1,614.58 $1,815.33 $5,492.84 $2,276.33 $2,485.63 $240.00 $1,820.45 $1,662.72 $1,510.43 $1,077.40 $240.00 $240.00 $496.74 $276.94 $419.14 $563.61 $754.77 $249.09 $505.91 $1,181.45 $2,439.68 $926.31 $748.13 $2,720.06 $1,255.39 $566.21 $715.80 $3,133.35 APN 556 332 20 00 556 332 21 00 556 332 22 00 556 332 23 00 556 332 24 00 556 333 15 00 556 333 17 00 556 333 18 00 556 334 19 00 556 334 20 00 556 334 21 00 556 334 22 00 556 471 03 00 556 471 04 00 556 471 16 00 556 471 17 00 556 471 23 00 556 471 24 00 556 472 23 00 556 472 24 00 556 472 26 00 556 472 27 00 556 473 15 00 556 473 16 00 556 473 17 00 556 474 01 00 556 474 02 00 556 474 21 00 556 493 01 00 556 493 04 00 556 493 05 00 556 553 01 00 556 553 02 00 556 553 03 00 556 553 04 00 556 553 05 00 Annual Assessment $1,764.62 $535.59 $375,86 $253.70 $1,409.83 $2,626.38 $4,907.21 $522.19 $2,101.81 $282.35 $410.30 $452.14 $2,233.31 $575.76 $1,585.34 $2,691.26 $4,830.57 $3,673.51 $2,019.79 $527.74 $3,056.70 $265.95 $1,526.52 $792.75 $962.08 $1,610.56 $739.54 $2,527.99 $1,290.96 $934.44 $240.00 $694.46 $357.75 $409.23 $616.95 $1,592.79 NATIONA PARCELS T APN 556 553 09,00 556 553 12 00 556 553 13-00 556 554 16 00 556 554 17 00 556 554 18 00 556 554 19 00 556 554 20 00 556 554 21 00 L CITY PBID 0 BE ASSESSED Annual Assessment $515.54 $567.57 $526.29 $4,415.42 $6,245.33 $1,195.18 $569.85 $1,205.03 $1,568.79 APN Annual Assessment Edward Henning & Associates URBAN REVITALIZATION • FUNDING Downtown National City Property Business Improvement District CITY OF NATIONAL CITY - CALIFORNIA DISTRICT ASSESSMENT ENGINEER'S REPORT Prepared by Edward V Henning, California Registered Professional Engineer # 26549 Edward Henning & Associates Phelan California June 1, 2004 13330 Buttemere Rd • Phelan CA 92371 • (76o) 868-9963 • (fax) (76o) 868-6490 • mred2@earthlink.net ATTACHMENT NO. 3 Edward Henning & Associates URBAN REVITALIZATION • FUNDING DISTRICT ASSESSMENT ENGINEER'S REPORT To Whom It May Concern: I hereby certify to the best of my professional knowledge and experience that each of the identified benefiting properties located within the proposed Downtown National City Property Business Improvement District will receive a special benefit over and above the benefits conferred on the public at large and that the amount of the proposed assessment is proportional to, and no greater than the benefits conferred on each respective property. eiPrepare by Edward V. Henning, California Registered Professional Engineer # 26549 t Edward V. He RPE #26549 June 1, 2004 Date (NOT VALID WITHOUT EMBOSSED CERTIFICATION SEAL AND SIGNATURE HERE) Introduction This report shall serve as the "detailed engineer's report" required by Section 4(b) of Article XIIID of the California Constitution (Proposition 218) to support the benefit property assessments proposed to be levied within the Downtown National City Property Business Improvement District (Downtown National City PBID) in the City of National City, California being established for a five year period. The discussion and analysis contained within constitutes the required "nexus" of rationale between assessment amounts levied and special benefits derived by properties within the Downtown National City PBID. NOTE 1: The terminology "identified benefiting parcel" or "property" is used throughout this report pursuant to SB 919 - "Proposition 218 Omnibus Implementation Act" which clarified portions of Prop 218. It provides the Engineer and District Consultant with the ability to actually identify individual parcels which will benefit directly either in whole or in part from the proposed District funded programs and improvements and does not imply that all parcels receive assessable benefits . 1 1333o Buttemere Rd • Phelan CA 92371 • (76o) 868-9963 • (fax) (76o) 868-6490 • mred2@earthlink.net Edward Henning & Associates URBAN REVITALIZATION • FUNDING Background The Downtown National City PBID is a property -based benefit assessment type district being established pursuant to Section 36600 et seq. of the California Streets and Highways Code, also known as the Property and Business Improvement District Law of 1994 (the "Act"). Due to the benefit assessment nature of assessments levied within a PBID, district program costs are to be distributed amongst all identified benefiting properties based on the proportional amount of program benefit each property is expected to derive from the assessments collected. Within the Act, frequent references are made to the concept of relative "benefit" received from PBID programs and activities versus amount of assessment paid. Only those properties expected to derive special benefits from PBID funded programs and activities may be assessed and only in an amount proportional to the relative benefits expected to be received. The method used to determine benefits derived by each identified property within a PBID begins with the selection of a suitable and tangible basic benefit unit. For property related services, such as those proposed in the Downtown National City PBID, the benefit unit may be measured in linear feet of street frontage or parcel size in square feet or building size in square feet or number of building floors or proximity to major corridors in average linear feet, or any combination of these factors. Quantity takeoffs for each parcel are then measured or otherwise ascertained. From these figures, the amount of benefit units to be assigned to each property can be calculated. Special circumstances such as unique geography, land uses, development constraints etc. are carefully reviewed relativefito specific programs and improvements to be funded by the PBID in order to determine any levels of diminished benefit which may apply on a parcel by parcel or categorical basis. Based on the factors described above such as geography and nature of programs and activities proposed, an assessment formula is developed which is derived from a singular or composite basic benefit unit factor or factors. Within the assessment formula, different factors may be assigned different "weights" or percentage of values. Next, all program and activity costs, including incidental costs, district administration, ancillary programs, and volunteer and comped resource and material credits are estimated. It is noted, as stipulated in Proposition 218, and now required of all property based assessment districts, indirect and general benefits may not be incorporated into the assessment formula and levied on the district properties; only direct or "special" benefits and costs may be considered. Indirect or general benefit costs must be calculated and factored out of the assessment cost basis to produce a "net" cost figure. In addition, Proposition 218 no longer exempts government owned property from paying benefit assessments and these properties must be factored into the assessment roll if special benefit is determined to be conferred upon such properties. 2 13330 Buttemere Rd • Phelan CA 92371 • (76o) 868-9963 • (fax) (760) 868-6490 • mred2@earthlink.net Edward Henning & Associates URBAN REVITALIZATION • FUNDING From this, the value of a basic benefit unit or "basic net unit cost" can be computed by dividing the total amount of estimated net program costs by the total number of benefit units. The amount of assessment for each parcel can be computed at this time by multiplying the Net Unit Cost times the number of Basic Benefit Units per parcel. This is known as "spreading the assessment" or the "assessment spread" in that all costs are allocated proportionally or "spread" amongst all properties within the PBID. The method and basis of spreading program costs varies from one PBID to another based on local geographic conditions, types of programs and activities proposed, and size and development complexity of the district. PBIDs may require secondary benefit zones to be identified to allow for a tiered assessment formula for variable or "stepped -down" benefits derived. Supplemental Proposition 218 Procedures and Requirements Proposition 218, approved by the voters of California in November of 1996, adds a supplemental array of procedures and requirements to be carried out prior to levying a property -based assessment like the Downtown National City PBID. These requirements are in addition to requirements imposed by State and local assessment enabling laws. These requirements were "chaptered" into law as Article XIIID of the California Constitution and then further clarified by the Proposition 218 Omnibus Legislation in 1997 chaptered in section 53750 et seq of the California Government Code. Since Prop 218 provisions will affect all subsequent calculations to be made in laying out the final property assessment roll for the Downtown National City PBID, Prop 218 requirements will be taken into account first. The key provisions of Prop 218 along with a description of how the Downtown National City PBID complies with each of these provisions is delineated below. (Note: All section references below pertain to Article XIII of the California Constitution): Finding 1. From Section 4(a): "Identify all parcels which will have a special benefit conferred upon them and upon which an assessment will be imposed" There are 153 "identified" individual parcels within the Downtown National City PBID which will all derive some level of special benefit from the proposed District programs and activities. These parcels are shown on the Boundary Map within the Management District Plan and are listed as an attachment to the Plan - identified by assessor parcel number and site address. Two benefit zones have been identified within the District which generally includes all properties along and surrounding the National City Boulevard corridor from 2"d to 12th and the 8th Street corridor from the fieeway to A Avenue. 3 13330 Buttemere Rd • Phelan CA 92371 • (760) 868-9963 • (fax) (76o) 868-6490 • mred2@earthlink.net Edward Henning & Associates URBAN REVITALIZATION • FUNDING Finding 2. From Section 4(a): "Separate the general benefits from the special benefits conferred on parcel(s). Only special benefits are assessable. " As stipulated by Prop 218, assessment district programs and activities confer a combination of general and special benefits to district properties, but the only program benefits which can be funded through assessments are those attributed to special property related benefits. Thus, a portion of the program costs must be considered attributable to general benefits and assigned a value. Conventional assessment engineering experience has found that general benefits within a given district typically average 10% of the total adjusted costs with a 5% deviation. (Total adjusted costs include actual proposed PBID program costs plus any additional supplemental or matching program costs as well as applied credits from sources such as start up grants, Board/Committee member service credits and specialized assessment reductions/adjustments.) There are three common methods for determining general and special benefit ratios within assessment districts: (1) The parcel by parcel allocation method (2) The program/activity line item allocation method, and (3) The composite district overlay determinant method. The vast majority of PBIDs in California have used Method #3, the composite district overlay determinant method which will be used for the Downtown National City PBID. Using empirical data from other PBIDs, a fot used range for general benefits from 5-15% is used. Based on a composite of district criteria such as the shape of the Downtown National City PBID, the existence of two benefit zones, a three-four element assessment formula, the proximity all of district properties to the applicable program benefit zones, and the nature of the proposed programs and activities, a specific `overlay" value of 5% is assigned to the general benefit portion of the total adjusted costs. This leaves a value of 95% assigned to special benefit related costs. Since the total program cost is estimated at $265,572.01 (see Table 1 later in this Report), the maximum special benefit portion which can be recouped through property assessments, is $252,293.41. Remaining costs which are attributed to general benefits, will need to be derived from other sources. (e.g. public/private matching grants, startup grants, startup volunteer credits or ongoing board member volunteer credits). 4 13330 Buttemere Rd • Phelan CA 92371 • (76o) 868-9963 • (fax) (760) 868-6490 • mred2@earthlink.net Edward Henning & Associates URBAN REVITALIZATION • FINDING Finding 3. From Section 4(a): "(Determine) the proportionate special benefit derived by each parcel in relationship to the entirety of the. cost of public improvement(s) or the maintenance and operation expenses......... -or the cost of the property related service being provided. The proportionate special benefit cost for each parcel is listed in an attachment to the Management District Flan. The individual percentages (i.e. proportionate relationship to the total special benefit related program and activity costs) were computed by dividing the individual parcel assessment by the total program costs. Finding 4. From Section 4(a): "No assessment. shall exceed the reasonable cost of the proportional special benefit conferred on parcel(s)." Not only are the proposed program costs reasonable due to the benefit of group purchasing and contracting which would be possible through the Downtown National City PBID, they are also considerably less than other options considered by groups like the Downtown National City PBID Formation Committee. Finding 5. From Section 4(a): "Parcels. that are owned or used by any (public) agency shall not be exempt from assessment" Parcels within the District that are owned by public agencies (Le. City of National City, the Community Development Commission, Southwestern College etc) will also be assessed and at rates equivalent to private sector owned parcels. The "fair market value" of such public properties is identical to surrounding privately owned parcels and any increased values and benefits derived from PBID programs and services would be similar for either public or privately owned parcels, with or without improvements. Just as the costs and effects of blight are shared by both public and private properties, so are the rewards of clean and safe as well as district promotions and marketing programs. Since there is no compelling finding or evidence that such properties would receive less direct benefit from the proposed PBID programs and. services than surrounding private parcels, the same assessment rates would be levied. Finding 6. From Section 4(b): "AB assessments must be supported by a detailed engineer's report prepared by a registered professional engineer certified by the State of California". This report shall serve as the "detailed engineer's report" to support the benefit property assessments proposed to be levied within the Downtown National City PBID. . 5 13330 Buttemere Rd • Phelan CA 92371 - (76) 868-9963 • (fax) (76o) 868-6490 • mred2@earthlink.net Edward Henning & Associates URBAN REVITALIZATION • FUNDING Finding 7. From Section 4(c): "The amount of the proposed assessment for each parcel shall be calculated (along with) the total amount thereof chargeable to the entire district, the duration of such payments, the reason for such assessment and the basis upon which the amount of the proposed assessment was calculated." The individual and total parcel assessments attributable to special property benefits are shown on an attachment to the Management District Plan_ The district and resultant assessment payments will continue for five years and may be renewed again at that time. The reasons (purposes) for the proposed assessments are outlined in the Management District Plan. The calculation basis of the proposed assessment for the PBID is attributed in part to the specific amount of property size, building size and street frontage. Special Benefit and Assessment Analysis Step 1. Select "Basic Benefit Unit(s)" PBID assessment formulas typically are based on either property street frontage or parcel and building size or location, all which can affect the amount of benefit conferred on a particular parcel and the proportionate assessment to be. paid. The formula may base assessments on a single factor or a combination of factors. Based on the nature of the program activities to be funded by the Downtown National City PBID, which telate to the proportionate amount of real estate (i.e. land) held in ownership, development intensity (Le. building area) and property street frontage as well as land use, it has been determined that the assessments for the PBID will be based proportionately on a combination of parcel size, building size, land use and stfl et frontage. In addition a flat rate will be applied to single family residential (SFR) and residential condo units located on non -residentially zoned land. The "Basic Benefit Unit" will be expressed as a function of land square footage (Basic Benefit "A" Units), building area (Basic Benefit "B" Units - further refined by land use) and linear feet of property frontage (Basic Benefit "C" Units). Based on the shape of the Downtown National City PBID, as well as the nature of the District program elements, it is determined that two benefit zones exist in which identified properties will gain a direct, albeit, proportionate degree of benefit based on the respective amount of parcel size, building size, land use and street frontage. Step 2. Quantify Total Basic Benefit Units Taking into account all identified benefiting properties, there are 1,465,301 square feet of assessable parcel land area within the District, 448,344 square feet of assessable building area and 21,744 linear feet of property street frontage. In addition, there are 12 assessable single family/condo units. Since the selected Basic Benefit Unit is based on a 6 1333o Buttemere Rd • Phelan CA 92371 • (760) 868-9963 - (fax) (760) 868-6490 • mred2@earthlink.net Edward Henning & Associates URBAN REVITALIZATION • FUNDING combination of parcel area, building area and street frontage, there are, in turn, corresponding amounts of Basic Benefit Units in the PBID as shown in Step 7 herein. The target weighted revenues from each formula component were 50% for land area, 30% for building area and 20% for street frontage. The final adjusted weights are 49% for land, 33% for building area, 17% for strut frontage and 1% for SFR and condo flat rates. Further, the targeted weighted revenues for each Benefit Zone were 60% for Zone 1 and 40% for Zone 2. The final adjusted weights are 61% for Zone 1 and 39% for Zone 2. Step 3. Calculate Benefit Units for Each Property. The number of Benefit Units for each identified benefiting parcel within the Downtown National City PBID was computed from data extracted from City of National City, San Diego County and third party real estate data services property and land use records. These data sources delineate current land uses, property areas and dimensions of record for each tax parcel and are listed as an attachment to the Management District Plan. While it is understood that this data does not represent legal field survey measurements or detailed title search of recorded land subdivision maps or building records, it does provide an acceptable basis for the purpose of calculating property based assessments. All respective property data being used for assessment computations has been provided to each property owner in the PBID for their review. All known or reported discrepancies or errors have been corrected. Step 4. Determine Assessment Formula For a District with a single Basic Benefit Unit with one Benefit Zone, the assessment formula would be the same for each identified benefiting property as follows: Number of Basic Benefit Units x Basic Unit Cost = PBID Assessment The Downtown National City PBID assessment is to be based on three Basic Benefit Unit factors; land square footage (Basic Benefit "A" Units), building area (Basic Benefit "B" Units) and linear feet of property frontage (Basic Benefit "C" Units). It has been determined that the assessment should be based partially on parcel size, building size and street frontage as follows: Zone 1: Assessment = [(No. of Benefit "A-1"Units x Basic "A-1" Unit Cost)] + [(No. of Benefit `B-1" Units x Basic `B-1" Unit Cost)] + [(No. of Benefit "C-1" Units x Basic "C-1" Unit Cost)] Zone 2: Assessment = [(No. of Benefit "A-2"Units x Basic "A-2" Unit Cost)] + [(No. of Benefit `B-2" Units x Basic `B-2" Unit Cost)] + [(No. of Benefit "C-2" Units x Basic "C-2" Unit Cost)] 7 13330 Buttemere Rd • Phelan CA 92371 • (76o) 868-9963 • (fax) (760) 868-6490 • mred2@earthlink.net Edward Henning & Associates URBAN REVITALIZATION • FUNDING Note A: Benefit "B" Unit Costs vary based on land use as shown in Table 3 later in this report. Note B:. Assessments for single family residential and residential condos are based on a flat fee per unit as shown in Table 3. Step 5. Estimate Total Program and Activity Costs Total estimated proposed program and activity costs are shown below in Table 1. These costs include expenses for general as well as special benefits and related programs/activities. TABLE 1 Estimated Total Year 1 Program & Activity Costs (Special+General Benefits) Program/Activity Year 1 Public Rights of Way & Sidewalk Operations District Identity/Streetscape Improvements Administration/Corporate Operations Contingency/Reserve Misc Costs (Credits) Total $173,000.00 $14,000.00 $41,000.00 $12,722.01. $24,850.00 $265,572.01 65.14% 5.27% 15.44% 4.79% 9.36% 100.00% Step 6. Separate General Benefits from Special Benefits and Related Costs (Prop 218) Total program and activity costs are estimated at $265,572.01 (see Table 1 above). General benefits are factored at 5% of total (see Finding 2 on page 4 of this report) with special benefits set at 95%. Prop 218 limits the levy of property assessments to costs attributed to special benefits only. The 5% general benefit cost is computed to be $13,278.60 with a resultant 95% special benefit limit computed at $252,293.41. This is the maximum amount of revenue that can be derived from property assessments from the subject PBID. The total amount of revenue proposed to be derived from PBID assessments is $240,722.01 for Year I, which is less than the special benefit limit of $252,293.41. Therefore, no Prop 218 adjustments need to be made to the proposed assessment formula. All program costs associated with general benefits will be derived from sources or credits other than PBID assessments as sbown below in Table 2. 8 1333o Buttemere Rd • Phelan CA 92371 • (760) 868-9963 • (fax) (76o) 868-6490 • mred2@earthlink.net Edward Henning & Associates URBAN REVITALIZATION • FUNDING TABLE 2 Total Adjusted Year 1 Revenue (For Special + General Benefit Programs/Activities) Funding Source i Subtotal Revenue PBID Assessments PBID Formation Pro -rated Credit/Year ($35,000 base) PBID Formation Pro -Rated Volunteer Credit/Year (50% base) Annual Board/Volunteer Credit (35% base Admin) TOTAL ADJUSTED REVENUE $240,722.01 $7,000.00 $3,500.00 $14,350.00 $265,572.01 010 90.64% 2.64% 1.32% 5.40% 100.00% Step 7. Calculate "Basic Unit Cost" (Special Benefits Only) With a Year 1 budget of $240,720.01 (special benefit only), the Basic Unit Costs ("A", "B" and "C") from the Management Plan are: TABLE 3 Basic Unit Land Use Description Benefit Zone 1 Benefit Zone 2 "A" Cost All except SFR and condos $0.0841/sf $0.0757/sf "B-a" Cost Retail, hotels, motels, visitor $0.1886/sf $0.169'/sf "B-b" Cost Office, commercial, pkg struc. $0.1696/sf $0.1697/sf "B-c" Cost Industrial, manufacturing $0.1696/sf $0.1697/sf `B-C Cost Institutional, government etc $0.1577/sf $0.1578/sf "B-e" Cost Residential 20+ units $0.1485/sf $0.1485/sf "B-f" Cost Residential 9-19 units $0.1485/sf $0.1485/sf "B-g" Cost Residential 2-8 units $0.1485/sf $0.1485/sf "B-h" Cost Single family residential $240 flat rate $240 flat rate "B-i" Cost Residential Condo $240 flat rate $240 flat rate "C" Cost All except SFR and condos $1.8264/LF $1.8264/LF Since the PBID is planned for a five year term, maximum assessments for future years (Years 2 through 5) must be set at the inception of the PBID. A maximum annual flat rate increase of 5% may be imposed each year, subject to approval by the PBID Board. 9 1333o Buttemere Rd • Phelan CA 92371 • (76o) 868-9963 • (fax) (76o) 868-6490 • mred2@earthlink.net Edward Henning & Associates URBAN REVITALIZATION • FUNDING Step 8. Spread the Assessments The resultant assessment spread calculations for each parcel within the PBID are shown in an attachment to the District Management Plan and were determined by applying the District assessment formula to each identified benefiting property. This list of all identified benefiting parcels in the PBID delineates each parcel and benefit units for property stied frontage and parcel area. 10 13330 Buttemere Rd • Phelan CA 92371 • (760) 868-9963 • (fax) (760) 868-6490 • mred2@earthlink.net Edward Henning & Associates URBAN REVITALIZATION • FUNDING EDWARD HENNING & ASSOCIATES Edward Henning and Associates is a multi-discipline4 consulting firm offering a diverse range of community development and funding services focusing on downtown business districts and the unique problems and opportunities associated with center city areas. Types of services provided • Business Improvement District (BID & PBID) Formations, Modifications, Expansions, Updates • Prop 218 Assessment Engineering Analyses and Reports (Licensed Engineer) • Downtown Revitalization Plans/Redevelopment Planning and Implementation • EstabIish/Administer/Field Supervision for Rehabilitation Programs and Projects • Architectural Design Guidelines/ Sign Ordinances Partial list of agencies and clients represented • Town of Apple Valley • City of Berkeley - City of Buena Park • City of Culver City • City of Huntington Park • City of Huntington Beach • City of Los Angeles - Gateway to LAX - Historic Downtown Core - Hollywood District - Melrose/Fairfax — Larchmont - Los Feliz - San Fernando Valley (6 areas) - San Vicente - Wilshire Center • City of Monterey Park • City of Napa • City of Newport Beach • City of Ontario (Downtown) • City of Oxnard • City of Pasadena • Placer County (Tahoe City) • City of San Francisco (Union Square) • City of Vacaville • City of Whittier • City of Yucaipa PBID Formation (Village) BID Formation (Downtown) BID Formation Analysis (Auto Row & Entertainment Corridor) BID Formation (Downtown) BID Formation (Pacific Blvd.) BID Formation (Auto Row District) PBID Formation & Renewal (Prop 218 Compliance) PBID Formation (Prop 218 Compliance) PBID Formation (Prop 218 Compliance) PBID Formation (Prop 218 Compliance) PBID Formation & Renewal BID Formation PBID Formation (Prop 218 Compliance) Private Sector PBID Formation Hybrid BID/PBID Formation BID Modification (Downtown) PBID Formation (Downtown) BID Advising BID Modification PBID Formation (Downtown) PBID Formation (Playhouse District) Citywide Tourist Improvement District (I Ill) PBID Formation (Downtown) PBID Formation (Prop 218 Compliance) BID Formation (Downtown) Citywide Tourist Improvement District Evaluation (TID) BID Modification (Uptown) PBID Formation & Renewal(Uptown) 11 1333o Buttemere Rd • Phelan CA 92371 • (7fO) 868-9963 • (fax) (76o) 868-6490 • mred2@earthiink.net MEETING DATE August 3, 2004 City of National City, California COUNCIL AGENDA STATEMENT * REFER TO ITEM #23 17 AGENDA ITEM NO. (-ITEM TITLE An Ordinance of the City Council Amending the General Plan, Housing Element, and Title 18 of the Municipal Code Regarding Higher Density Residential Development in Tourist, General, Medium and Heavy Commercial Zones and Related Development Standards (Applicant: Bay Canyon Development Co. LLC) (Case File no. A-2004-1/GP-2003-6) PREPARED BY Roger Post,`336-4310 DEPARTMENT Planning EXT. EXPLANATION The City Council held a public hearing on this item at the July 20, 2004 meeting, and voted to approve the amendment to allow higher density residential development in several commercial zones. The attached ordinance will carry out that action. Environmental Review Financial Statement N/A STAFF RECOMMENDATION Adopt the proposed ordinance. NSA Mitigated Negative IIerlaratiea BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS l Listed Below ) Ordinance MIS Approval Approved By: Finance Director Resolution No. A-200 (Rev. 7/03) ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 18 (ZONING) OF THE NATIONAL CITY MUNICIPAL CODE REGARDING HIGHER DENSITY RESIDENTIAL DEVELOPMENT IN THE TOURIST, GENERAL, MEDIUM AND HEAVY COMMERCIAL ZONES AND RELATED DEVELOPMENT STANDARDS APPLICANT: BAY CANYON DEVELOPMENT CO. LLC CASE FILE NOS. A-2004-1/GP-2003-6 WHEREAS, pursuant to the terms and provisions of the Govemment Code of the State of California, proceedings were duly initiated for the amendment of the General Plan of the City of National City, and for the amendment of the National City Municipal Code; and, WHEREAS, pursuant to legal notice, hearings were held by the Planning Commission of National City and also by the City Council of National City, and all persons interested were given the opportunity to appear and be heard before said Planning Commission and City Council; and, WHEREAS, the Planning Commission of National City has regularly and duly certified to the City Council its report and has recommended such amendment; and, WHEREAS, the City Council found that on the basis of the Initial Study and any comments received that there is no substantial evidence that the project will have a significant effect on the environment and adopted a proposed Mitigated Negative Declaration which addresses both said General Plan amendment and Municipal Code amendment; and, NOW, THEREFORE, the City Council of the City of National City, California does ordain as follows: Section 1. All protests, if any, against said amendment to the General Plan and Municipal Code, and each of them be and hereby are denied and overruled. Section 2. That section 18.04.060 of Title 18 of the Municipal Code be amended to read as follows: 18.04.060 Open space, common usable. Common usable open space means open space substantially free of structures but containing improvements which are part of a general development plan and are appropriate for the active or passive recreation of residents of a planned residential development. The common usable open space shall be designed and screened appropriately for its intended use, and shall have a minimum dimension of 10 feet. The common open space shall be located within the total development site and shall be used for active or passive recreational purposes by occupants of the development, or dedicated to the City for public park. Common usable open space shall not include public or private streets, driveways, private yards or patios, parking or loading spaces, or utility easements where the ground surface cannot be used appropriately for active or passive recreation, nor other areas primarily designed for other operational functions. Section 3. That section 18.04.462 of Title 18 of the Municipal Code be amended to read as follows: 18.04.462 Open space, private usable. Private usable open space shall be improved for recreational use by the residents of the unit to which it is credited. It shall be located adjacent to and accessible from the unit that it serves, and shall have a minimum dimension of five feet. At ground level it shall be screened by the use of five and a half foot tall dense landscaping or a wall/fence. If the space is four feet or higher above grade or at ground level but located such that the space faces a beneficial outward and open orientation the space shall be screened with three and a half foot tall dense landscaping or a wall/fence. Section 4. That section 18.14.301 of Title 18 of the Municipal Code be amended to read as follows: 18.14.301 Usable open space in multi -family projects. A. For projects of three units or more common usable open space shall be required in a minimum amount of 300 square feet per dwelling unit. Private usable open space may be substituted for such common usable open space in the ratio prescribed in section 18.14.301 B, except that actual common usable open space shall be provided in the amount of 300 square feet or 75 square feet per unit, whichever is greater. B. Each square foot of private usable open space shall be considered equivalent to two square feet of required common usable open space, and may be so substituted, subject to the minimum requirements for actual common usable open space. At least seventy-five percent of the units shall be provided with at least 60 square feet of private usable open space. C. Provision of usable open space in setback areas and court, and indoors. 1. Both common and private usable open space provided at ground level may be provided in the interior side yard and rear yard setback areas, within courts, and within exterior side yard setback areas to within five feet of the property line. 2. Both common and private usable open space located more than four feet above grade shall not be located closer than five feet to side and rear property lines. 2004 Ordinance 2 Higher Density Residential Development Bay Canyon Development Co. 3. Private usable open space provided above the first floor may be located in the front yard setback area to within twelve feet of the front property line. 4. Up to a maximum of sixty percent of the required common usable open space may be provided indoors. Section 5. That subsection 18.16.040C be added to Title 18 of the Municipal Code to read as follows: 18.16.040C. For compatible residential development Section 6. That subsection 18.16.070C be added to Title 18 of the Municipal Code to read as follows: 18.16.070C. For compatible residential development Section 7. That subsection 18.140.030A of Title 18 of the Municipal Code be amended to read as follows: 18.140.030A. Mixed use may be permitted in the tourist commercial (CT), limited commercial (CL), general commercial (CG), medium commercial (CM) and heavy commercial (CH) zones with the issuance of a conditional use permit, in accordance with Chapter 18.116 of this title. However, a single residence on a lot may be permitted with site plan review approval by the Planning Director where deemed appropriate in accordance with Chapter 18.128 of this title. Section 8. That section 18.140.040 of Title 18 of the Municipal Code be amended to read as follows: 18.140.040 The maximum number of dwelling units which may be permitted in the CT, CG, CM and CH zones shall be limited to one dwelling unit per each full 1,250 square feet of lot area, and in the CL zone to one dwelling unit per each full 1,900 square feet of lot area. Section 9. That subsection 18.140.050B of Title 18 of the Municipal Code be amended to read as follows: 18.140.050B. Open space requirements for residential multifamily development in the CL, CT, CG, CM and CH zones shall be as required by section 18.14.301. As an alternative for projects that incorporate both commercial and residential uses, required common open space may be provided as landscaped courtyard areas for passive use, integrated with both commercial and residential components of the development. 2004 Ordinance 3 Higher Density Residential Development Bay Canyon Development Co. Section 10. That subsection 18.140.050E of Title 18 of the Municipal Code be amended to read as follows: 18.140.050E. Exceptions to the design regulations listed or referenced in this section may be granted in conjunction with the required conditional use permit or site plan review application if consistent with the General Plan. Section 11. That a Notice of Determination shall be filed indicating that the amendment will not have a significant effect on the environment. PASSED and ADOPTED this day of , 2004. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Nick Inzunza, Mayor 2004 Ordinance 4 Higher Density Residential Development Bay Canyon Development Co. City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 3, 2004 Second Reading *REFER TO ITEM #28 AGENDA ITEM NO. 18 / 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 AND CONSTRUCTION OF NEW PUBLIC SAFETY FACILITIES AND THE MODERNIZATION OF EXISTING PUBLIC SAFETY FACILITIES TO THE QUALIFIED VOTERS OF THE CITY OF NATIONAL CITY AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 2, 2004 PREPARE BY George H. Eiser, III )DEPARTMENTCity Attorney EXPLANATION (Ext. 4221) Adoption of the proposed ordinance is legally required to place a proposition for a General Obligation ("G.O.") Bond on the November 2, 2004 ballot. This proposition provides for the issuance of up to $12,330,000 Million in general obligation bonds to pay for the costs for acquisition and construction of new public safety facilities, as well as the modernization of existing public safety facilities. The revenue from the bonds would be used to build a combined fire and police public safety facility in the eastern part of the City, build a third fire station, remodel the existing fire station, and establish store front police facilities. The proposed resolution must be adopted by a 2/3 vote of the Council to initiate the election at which the proposition will be considered. It must then be approved by 2/3 of the voters voting on the proposition. ( Environmental Review X N/A Financial Statement Sufficient funds are available to pay costs of placing general obligation band measure on the ballot. Approved BY: Finance Director Account No. STAFF RECOMMENDATION Approve ordinance. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Proposed ordinance Resolution No. A-200 (9i99) ORDINANCE NO. 2004 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 AND CONSTRUCTION OF NEW PUBLIC SAFETY FACILITIES, AND THE MODERNIZATION OF EXISTING PUBLIC SAFETY FACILITIES, TO THE QUALIFIED VOTERS OF THE CITY OF NATIONAL CITY AT THE GENERAL MUNICIPAL ELECTION TO BE ON NOVEMBER 2, 2004 WHEREAS, on July 20, 2004, 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 Modemization of Certain Municipal Improvements and Their Financing Through the Issuance of General Obligation Bonds" (the "Resolution"); and i 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 General Municipal Election for the City is to be )eld on Tuesday, November 2, 2004; 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 as follows: Section 1. That the following question shall be submitted to the voters of the City at the General Municipal Election to be held on November 2, 2004: BONDS FOR PUBLIC SAFETY FACILITIES Shall the City of National City be authorized to issue general obligation bonds up to a maximum principal amount of $12,330,000 Million to acquire and construct new public safety facilities, and to modemize existing public safety facilities? Yes No Ordinance No. 2004 — Page Two Section 2. The object and purpose of incurring the indebtedness is to finance the costs of acquiring and constructing new public safety facilities, and to modernize existing public safety facilities. The foregoing improvements are referred to herein as the 'Improvements". The City wishes to acquire and construct the Improvements because the present City public safety facilities are inadequate to serve the needs of the citizens of the City. Section 3. The estimated cost of the Improvements is Twelve Million Three Hundred Thirty Thousand Dollars ($12,330,000). 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 Twelve Million Three Hundred Thirty Thousand Dollars ($12,330,000). Section 5. The maximum rate of interest to be paid on the indebtedness shall bereight percent (8%) per annum. Section 6. This City Council does hereby submit to the qualified voters of the City, at said General 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 Califomia Govemment 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 Califomia. 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 November 2, 2004, 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. Ordinance No. 2004 — Page Three 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 August 4, 2004, 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 members of this City Council. PASSED and ADOPTED this 3rd day of August, 2004. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney EETING DATE City of National City, California COUNCIL AGENDA STATEMENT August 3;i 2004 SECOND READING AGENDA ITEM NO. 19 (-ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING CHAPTERS 8.32 OF THE NATIONAL CITY MUNICIPAL CODE BY AMENDING SECTION 8.32.015 PERTAINING TO RESTRICTIONS ON KEEPING CERTAIN ANIMALS, BIRDS AND REPTILES PREPARED BY EXPLANATION Rudolf Hradeck (Ext. 4222) 1 DEPARTMENT City Attorney This amendment to the Municipal Code would allow a maximum of six dogs on a large parcel of land, at least two acres in lot size. Otherwise, the maximum number of dogs allowed on a lot occupied by a single family residence is three. Proper fencing must be maintained at all times. The proposed amendment would accommodate the unique situation of Mr. Jim Ladd who keeps more than the permissible number of dogs on two large parcels within the City. Other dog owners whose property meets the criteria of the amended Code provision would also benefit from the amendment, although there are currently no other parcels in the City meeting these criteria. Environmental Review X NIA Financial Statement There is no cost to the City. Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt ordinance. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Strike -out version of NCMC Section 8.32.015 Proposed Ordinance Resolution No. A. zoo I9 99) ORDINANCE NO. 2004 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING CHAPTERS 8.32 OF THE NATIONAL CITY MUNICIPAL CODE BY AMENDING SECTION 8.32.015 PERTAINING TO RESTRICTIONS ON KEEPING CERTAIN ANIMALS, BIRDS AND REPTILES BE IT ORDAINED by the City Council of the City of National City that Title 8, Chapter 8.32 of the National City Municipal Code is amended by amending Section 8.32.015 as follows: 8.32.015 Restrictions on keeping certain animals, birds and reptiles. A. It is unlawful to keep, possess or maintain any other animal, bird or reptile not prohibited by section 8.32.010, except as follows: 1 through 4 — No change. 5. A maximum of three dogs and three cats, all over the age of four months, may be kept on any parcel of property less than two (2) acres in size, occupied by a single-family residential dwelling, and on parcels of property greater than two (2) acres in size occupied by a single-family residence, a maximum of six dogs and three cats all over the age of four months may be kept; provided however, that the exterior area or areas where any dogs are kept must be enclosed at all times by a barrier, fence or pen meeting the requirements of section 8.16.100 of this code. 6 through 10 — No change. B. No change. C. No change. PASSED and ADOPTED this day of , 2004. Nick lnzunza, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney REVISIONS TO CHAPTER 8.32.015 8.32.015 Restrictions on keeping certain animals, birds and reptiles. A. It is unlawful to keep, possess or maintain any other animal, bird or reptile not prohibited by section 8.32.010, except as follows: 1 THROUGH 4 — NO CHANGE 5. A maximum of three dogs and three cats, all over the age of four months, may be kept on any parcel of property less than two (2) acres in size pccupied by a single-family residential dwelling„ and on parcels of property L Deleted: used for greater than two. (2) acres in size occupied by a single family residence, a Deleted__ maximum of six dogs and three cats all over the age of four months may be kept; provided however, that the exterior area or areas where any dogs are kept must be enclosed at all times by a barrier fence or pen meeting the requirements of section 8.16.100 of this code. 6 THROUGH 10 — NO CHANGE B AND C — NO CHANGE City of National City, California COUNCIL AGENDA STATEMENT ETING DATE August 3, 2004 SECOND READING AGENDA ITEM NO. 70 ITEM TITLE AN ORDINANCE OF THE CITY COUNCIL AMENDING THE NCMC BY AMENDING TITLE 7, SECTIONS 7.18.070 (ON -STREET ACTIVITIES) AND 7.20.140 (OUTDOOR ACTIVITIES); TITLE 14, CHAPTER 14.22 (STORM WATER MANAGEMENT AND DISCHARGE CONTROL); AND TITLE 15, CHAPTER 15.70 (GRADING) PREPARED BY EXPLANATION Rudolf Hradec (Ext. 4222) DEPARTMENT Please see attached explanation. City Attorney Environmental Review X WA Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt ordinance. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below Proposed Ordinance Resolution No. A-200 l9 99( ORDINANCE NO. 2004 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE NATIONAL CITY MUNICIPAL CODE PERTAINING TO STORMWATER MANAGEMENT AS REQUIRED BY REGIONAL WATER QUALITY CONTROL BOARD PERMIT 2001-01 BY AMENDING TITLE 7, SECTIONS 7.18.070 (ON -STREET ACTIVITIES) AND 7.20.140 (OUTDOOR ACTIVITIES); TITLE 14, CHAPTER 14.22 (STORM WATER MANAGEMENT AND DISCHARGE CONTROL); AND TITLE 15, CHAPTER 15.70 (GRADING) BE IT ORDAINED by the City Council of the City of National City that the National City Municipal Code is amended as follows: Section 1. That Title 7, Chapter 7.18, is amended by amending Section 7.18.070 to read as follows: 7.18.070 Repairing or washing cars on public streets prohibited. A. r Except for emergency repairs necessary to move a disabled vehicle off the street, it is unlawful for any person to perform vehicle repairs on public streets or alleys. B. Except in a residential area, it is unlawful to wash a vehicle on any public street. Vehicles may be washed with potable water containing detergent solutions in residential areas over porous surfaces such as lawns and gravel areas where feasible. Remaining detergent solutions prepared for use in vehicle washing, but not used up in that process, may not be disposed of by emptying buckets or other containers directly or indirectly to the storm water conveyance system or receiving waters. Disposal to the sanitary sewer (e.g., through a sink, toilet or floor drain) or to a porous surface is required. The use of "hose off or single use engine degreasing chemicals is prohibited, unless the effluent is captured and disposed of into a sanitary sewer. All other motor vehicle washing other than at individual residential properties is prohibited, unless all wash and rinse water is diverted to or contained and disposed to a porous area or the sanitary sewer. Section 2. That Title 7, Chapter 7.20, is amended by amending Sections 7.20.130 and 7.20.140 to read as follows: 7.20.130 Repairing and washing of vehicles on residential property — Restricted. A. Except as permitted in Section 7.20.130B or C, it is unlawful to wash or repair a motor vehicle upon property used for residential purposes within the city limits. B. A motor vehicle may be repaired upon residential property owned by or rented to that vehicle owner in an enclosed garage, within the rear yard setback or on a paved parking space or driveway of that property. C. Noncommercial motor vehicles registered to a resident of the property may be washed on that property, provided that no liquids, with the exception of potable water, drain onto a public street. 7.20.140 Storage of inoperative or unlicensed vehicles, recreational vehicles and boats on private property, or parking on landscaped setback —Restricted. A. Notwithstanding the provisions of Title 18, it is unlawful to park, repair or store any vehicle within or upon any unpaved portion of any private property. This section shall not be construed to prohibit the washing of a vehicle upon an unpaved portion of private property, provided that no liquids used in the washing shall drain onto a public street, with the exception of potable water. B. It is unlawful to repair, store or wash any vehicle within or upon any paved or unpaved portion of public property, or to park a vehicle except in an area designated for parking. C. Except in paved areas or driveways specifically designed for parking, it is unlawful to park any vehicle, including a recreational vehicle, recreational trailer, or boat or boat trailer within the front yard or the exterior side yard setbacks of private residential property, or on the parkway or landscape area of the public right of way. D. It is unlawful to park or store an unlicensed vehicle, any vehicle lacking current or valid registration plates or tags, any junked, wrecked, abandoned or inoperablg vehicle, or any vehicle for which a certificate of non -operation has been issued by the department of motor vehicles on residential property, except within a fully enclosed garage or building or behind a solid fence where it is not visible from the street or other public or private property. Any vehicle that is leaking fuel, oil or transmission fluid shall not be parked on a public street, or on private property except within a garage or under a covered parking area. E. It is unlawful to park or store any recreational vehicle or reeational trailer, boat or boat and trailer: 1. On a residential parcel unless that recreational vehicle, boat or trailer is owned by and registered to an occupant of a legal dwelling unit on the same parcel; or 2. On any other parcel unless the parcel is zoned and licensed for use as a recreational vehicle or boat storage yard or repair facility. F. Any vehicle, including a recreational vehicle, recreational trailer or boat or boat trailer, parked or stored in violation of this Section 7.20.140 is declared to be a public nuisance and shall be subject to abatement and removal in accordance with Chapters 1.44 and 11.48. Citations for violations of this section shall not be issued until twenty-four hours have elapsed after the placement of a notice of waming upon the offending vehicle, or upon the property when access to the vehicle is denied. Any vehicle lacking valid registration or subject to a certificate of non operation that visually appears operable shall first be subject to administrative citation under chapter 1.44 as a means of abatement before resort to chapter 11.48 when initial abatement efforts are unsuccessful. 2004 Ordinance 2 Titles 7, 14 and 15 Section 3. That Title 14, Chapter 14.22, is amended to read as follows: Chapter 14.22 STORM WATER MANAGEMENT AND DISCHARGE CONTROL Sections: 14.22.010 14.22.020 14.22.030 14.22.040 14.22.050 14.22.060 14.22.070 14.22.080 14.22.090 14.22.100 14.22.110 14.r22.120 14.22.130 14.22.140 14.22.150 14.22.160 14.22.170 14.22.180 14.22.190 14.22.200 14.22.210 14.22.220 14.22.230 Title Purpose and intent Definitions General provisions Reduction of pollutants in storm water —Minimum requirements Watercpurse protection Illicit connection and illegal discharge of pollutants —Prohibited Exceptions to discharge prohibition Best management practice requirements and general requirements Applicable to all dischargers Additional minimum best management practice requirements for residential activities and facilities Additional minimum best management practice requirements for commercial activities and facilities Additional minimum best management practice requirements for industrial activities and facilities Additional minimum best management practice requirements for municipal activities and facilities City best management practices Additional Requirements for Land Disturbance Activity Additional planning, design and post -construction requirements for all land development and redevelopment projects Maintenance of BMPs Inspection and sampling Enforcement Enforcement. Authorized enforcement officials may enforce this chapter and abate public nuisances as follows Other acts and omissions that are violations Penalties Restrictions and conditions on issuance of ministerial and discretionary development permits 14.22.010 Title. This chapter shall be known as the "National City Storm Water Management and Discharge Control Ordinance" and be so cited. 14.22.020 Purpose and intent. A. The purpose of this chapter is to ensure the future health, safety, and general welfare of the citizens; to protect water resources and to improve water quality; to cause the use of management practices by the City and its citizens that will reduce the 2004 Ordinance 3 Titles 7, 14 and 15 adverse effects of polluted runoff discharges on waters of the state; to secure benefits from the use of storm water as a resource; and to ensure that the City is compliant with San Diego Regional Water Quality ,Control Board (RWQCB) Order No. 2001-01 National Pollutant Discharge Elimination System (NPDES) Permit Number CAS 0108758 and with applicable state and federal law. The City seeks to promote these purposes by: 1. Controlling non -storm waterstorm water discharges to the storm waterstorm water conveyance system; 2. Eliminating discharges to the storm waterstorm water conveyance system from spills, dumping or disposal of materials other than storm water, or permitted or exempted discharges; 3. Reducing pollutants in storm water discharges, including those pollutants taken up by storm water as it flows over urban areas, to the maximum extent practicable (MEP); 4. Reducing pollutants in storm water discharges in order to achieve applicable water quality objectives for surface waters in San Diego County. 5. Establishing minimum requirements for storm water management, including source control requirements, to prevent and reduce pollution; 6. Establishing requirements for development project site design, to reduce storm water pollution and erosion; 7. Establishing requirements for the management of storm water flows from development projects, both to prevent erosion and to protect and to enhance existing water -dependent habitats; 8. Establishing notice procedures and standards for adjusting storm water and non -storm water management requirements where necessary. B. The intent of this chapter is to protect and enhance the water quality of the watercourse, water bodies and wetlands in a manner pursuant to and consistent with the Clean Water Act and the San Diego RVNQCB Order No. 2001-01, NPDES Permit Number CAS 0108758 and any subsequent amendments, revisions or reissuance of the permit, and the Standard Urban Storm Water Mitigation Plan (SUSMP) adopted by Ordinance 2213 on November 19, 2002 and any subsequent adopted amendments, revisions, or modifications. 14.22.030 Definitions. When used in this chapter, the following terms shall have the meanings ascribed to them in this section: A. "Authorized Enforcement Official" means the City Manager of the City of National City or any designee of the City Manager of the City of National City who is responsible for enforcing the provisions of this Chapter, including but not limited to, the Directors, their management staff, and designees. B. "Basin Plan" means the"Comprehensive Water Quality Control Plan for the San Diego Basin" adopted by the Regional. Water Quality Control Board, San Diego Region (July 1975) and approved by the state Water Resources Control Board, together with subsequent amendments. C. "Best Management Practices (BMPs)" means schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce to the MEP the discharge of pollutants directly or indirectly to waters 2004 Ordinance Titles 7, 14 and 15 of the United States. BMPs also include treatment requirements, operating procedures, and practices to control site runoff, spillage or Teaks, sludge or waste disposal, or drainage from raw materials storage. D. "BMPs" means Best Management Practices. E. "California Ocean Plan" means the "California Ocean Plan: Water Quality Control Plan for Ocean Waters of California" adopted by the state Water Resources Control Board, September 1991 and any subsequent amendments. F. "Channel" means a natural or improved watercourse with a definite bed and banks that conducts continuously or intermittently flowing water. G. "Commercial Discharger" means discharger who operates a regulated commercial facility. H. "City" means the City of National City. I. "Developer" means a person who seeks or receives permits for or who undertakes land development activity. J. "Development Project Proponent" means developer. K. "Directors" means the Director of Public Works/Engineering. L. "Discharge" when used as a verb, means to allow pollutants to directly or indirectly enter storm water, or to allow storm water or non -storm water to directly or indirectly enter the Storm Water Conveyance System or receiving waters, from an activity or operations which one owns or operates. When used as a noun, "discharge" means the pollutants, storm water and/or non -storm water that is discharged. M. "Discharger" means any person or entity engaged in activities or operations or owning facilities, which will or may result in pollutants entering storm water, the Storm Water Conveyance System, or receiving waters; and the owners of real property on which such activities, operations or facilities are located; provided however that a local government or public authority is not a discharger as to activities conducted by others in public rights of way. N. "Discharges Directly To" means that storm water or non -storm water enters receiving waters from a facility or activity, without mixing with any storm water or nonstorm water from another facility or activity prior to entering such receiving waters. O. "Drainage Easement" means a legal right granted by a land owner to a grantee allowing the use of private land for storm water management purposes. P. "Employee Training Program" means a documented employee training program for all persons responsible for implementing a storm water pollution prevention plan. The employee training program shall include, but is not limited to, the following topics: 1. Laws, regulations and local ordinances associated with storm water pollution prevention, and an overview of the potential impacts of polluted storm water on the receiving waters of the San Diego region. 2. Proper handling of all materials and wastes to prevent spillage. 3. Mitigation of spills including spill response, containment and cleanup procedures. 4. Visual monitoring of all effluent streams to ensure that no illicit discharges enter the storm water conveyance system. 5. Discussion of the difference between the storm water conveyance system and the sanitary sewer system. 2004 Ordinance 5 Titles 7, 14 and 15 6. Identification of all on -site connections to the storm water conveyance system. 7. Preventive maintenance and good housekeeping procedures. 8. Material management practices employed by the facility to reduce or eliminate pollutant contact with storm water discharge. A documented employee training program prepared pursuant to any NPDES storm water permit shall meet the definition of an employee training program for the purposes of this chapter. Q. "Enclosed Bays and Estuaries Plan" means the "California Enclosed Bays and Estuaries Plan: Water Quality Control Plan for Enclosed Bays and Estuaries of Califomia" adopted by the State Water Resources Control Board, April 11, 1991 and any subsequent amendments. R. "Environmentally Sensitive Area" means impaired water bodies, areas designated as areas of special biological significance or with the RARE beneficial use by the SWRCB in the Water Quality Control Plan for the San Diego Basin (1994 and amendments), National Wildlife Refuges, areas designated as preserves for species - protection purposes by the State of California or a local govemment, and pre -approved mitigation areas identified in agreements between the City and state or federal natural resources agencies. S. "ESA" means Environmentally Sensitive Area. T. r "Household Hazardous Waste" means a household hazardous material that no longer has a use and is discarded or intended to be discarded. The term includes, but is not limited to, paint and paint -related materials; yard and garden products; household cleaners; used oil, motor vehicle fluids, batteries and oil filters; and household batteries. U. "Illegal Connection" means a pipe, facility, or other device connected to the Storm Water Conveyance System or receiving waters, which has not been pviewed and authorized by the City; or a permitted/authorized pipe, facility, or other device, which conveys illegal discharges. V. "Illicit Connection" means any unpermitted or undocumented physical connection to the storm water conveyance system which has not been approved by the city, or which drains illegal discharges either directly or indirectly into a storm water conveyance system. W. "Illegal discharge" means any non -permitted or nonexempt discharge to the storm water conveyance system that is not composed entirely of storm water, or is expressly prohibited by federal, state or local regulations, laws, codes or ordinances, or degrades the quality of receiving waters in violation of the basin plan, the enclosed bays and estuaries plan, the inland surface water plan, and the California ocean plan standards. X. "Impaired Water Body" means a water body that is listed by the SWRCB as impaired by a particular pollutant or pollutants, pursuant to Section 303 (d) of the Federal Clean Water Act. "303 (d) listed water body" has the same meaning. Y. "Impervious Cover or Impervious Surface" means constructed or modified surfaces that cannot effectively infiltrate rainfall. The term includes, but is not limited to, building rooftops, pavement, sidewalks, and driveways. 2004 Ordinance 6 Titles 7, 14 and 15 Z. "Impervious Surface Area" means ground area covered or sheltered by an impervious surface, measured in plan view (i.e., as if from directly above). For example, the "impervious surface area" for a pitched roof is equal to the ground area it shelters, rather than the surface area of the roof itself. AA. "Industrial Activity" means manufacturing, processing, or raw materials storage at a commercial, industrial or municipal facility. The term includes, but is not limited to, such manufacturing, processing, or storage in or upon industrial plant yards or immediate access roads used or traveled by carriers of raw materials; manufacture of products, waste material, or by-product creation or storage; material handling; refuse storage or disposal; the application or disposal of processed wastewaters; storage and maintenance of material handling equipment; treatment, storage or disposal of residuals; outdoor shipping and receiving; activities in manufacturing buildings; storage of raw materials and intermediate and finished products; and the ownership, use, or control of areas where significant industrial activity has taken place in the past and significant materials remain and are exposed to storm water. Material handling activities include the storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, finished product, by-product, or waste product. BB. "Industrial Discharger' means a discharger who operates a regulated industrial facility. CC. "Industrial Storm Water Permit" means the State General Industrial Storm Water Permit. DD. "Infiltration" means the process of percolating storm water or non -storm water into the soil. EE. "Infiltration BMPs or Infiltration Facility" means any structural treatment BMP designed primarily to percolate water into the subsurface, such as an infiltration trench or infiltration basin. An infiltration facility may include filtering prior to or during infiltration. BMPs that infiltrate some water but which are designed primarily to retain water or to treat water, such as retention basins, constructed wetlands, Srcfiltering swales are not infiltration facilities. FF. "JURMP" is an acronym for Jurisdictional Urban Runoff Management Program. This document presents the City's storm water program in compliance with the Municipal Permit. GG. "Land Development Activity" means any activity or proposed activity that requires any of the permits or approvals listed in Section 14.22.040 (F) of this Chapter. HH. "Land Disturbance Activity" means any activity that moves soils or substantially alters the pre-existing vegetated or man-made cover of any land. This includes, but is not limited to, grading, digging, cutting, scraping, stockpiling or excavating of soil; placement of fill materials; paving, pavement removal, exterior construction; substantial removal of vegetation where soils are disturbed including, but not limited to, removal by clearing or grubbing; or any activity which bares soil or rock or involves streambed alterations or the diversion or piping of any watercourse. Land disturbance activity does not include routine maintenance to maintain original line and grade, hydraulic capacity, or the original purpose of the facility, nor does it include emergency construction activities or maintenance activities required to protect public health and safety. 2004 Ordinance 7 Titles 7, 14 and 15 II. "Land Owner" means the holder of legal title to the land, and other persons or entities who exercise control over a land development project pursuant to rights granted in a purchase agreement, joint venture agreement, development agreement, or long-term lease. JJ. "Maintenance [of a BMP]" means periodic action taken to maintain the as designed performance of a BMP, and includes, but is not limited to, repairs to the BMP as necessary, and replacement of the BMP by an equally effective or more effective BMP at the end of its useful life. KK. "Manual" means the City's Best Management Practices Manual described in Section 14.22.040 (G) of this Chapter, adopted by resolution and hereinafter referred to as "Manual". LL. "Maximum Extent Practicable" is an acceptability standard for Best Management Practices (BMPs). When BMPs are required to meet this standard, the BMPs must be the most effective set of BMPs that is still practicable. A BMP is effective if it prevents, reduces or removes the pollutants that would otherwise be present in runoff due to human activity. A BMP is practicable if it complies with other regulations as well as storm water regulations; is compatible with the area's land use, character, facilities, and activities; is technically feasible (considering area soil, geography, water resources, and other resources available); is economically feasible; and provides benefits that are reasonable in relation to costs. My. "MEP" means Maximum Extent Practicable. NN. "Motor Vehicle" means any automobile, car, truck, bus, motor home or other selfpropelled vehicle used or suited to use for on -road transportation; and any similar vehicle modified for off -road use. 00. "Municipal Facility" means a facility owned or operated by the City of National City that is used for a govemmental purpose. Facilities on municipally owned land that are leased or rented to others to generate municipal revenue*, are not municipal facilities. (The commercial or industrial lessees of such facilities may, however, be subject to this Chapter as commercial dischargers or industrial dischargers). PP. "National Pollution Discharge Elimination System (NPDES) Permit" means a National Pollutant Discharge Elimination System permit issued by the Regional Water Quality Control Board or the State Water Resources Control Board, and or the Regional Water Quality Control Board. QQ. "NPDES Permit No. CAS 0108758" means RVIIQCB Order No. 2001-01, NPDES Permit No. CAS 0108758, 'Waste Discharge Requirements for Discharges of Urban Runoff From the Municipal Separate Storm Sewer Systems (MS4s) Draining the Watersheds of the County of San Diego, the Incorporated Cities of San Diego County, and the San Diego Unified Port District." RR. "Non -Storm Water Discharge" means any discharge to the storm water conveyance system that is not entirely composed of storm water. SS. "Plan Standard" means any or all applicable requirements of the basin plan, the enclosed bays and estuaries plan, the inland surface water plan and the California ocean plan. TT. "Pollutant" may include but is not limited to solid waste, sewage, garbage, medical waste, wrecked or discarded equipment, radioactive materials, dredged spoil, rock, sand, sediment, industrial waste, and any organic or inorganic contaminant whose 2004 Ordinance 8 Titles 7, 14 and 15 presence degrades the quality of the receiving waters in violation of the Basin Plan, the Enclosed Bays and Estuaries Plan, the Inland Surface Water Plan, and the Califomia Ocean Plan standards such as fecal coliform, fecal streptococcus, enterococcus, volatile organic carbon (VOC), surfactants, oil and grease, petroleum hydrocarbons, total organic carbon (TOC), total suspended and settleable solids, nutrients, metals, cyanides, phenols and biocides. UU. A pollutant also includes any substance defined as a pollutant under 40 CFR Section 122.2 and any contaminant which degrades the quality of the receiving waters in violation of the Basin Plan, the Enclosed Bays and Estuaries Plan, the Inland Surface Water Plan and the Califomia Ocean Plan standards by altering any of the following parameters: pH, biochemical oxygen demand (BOD), chemical oxygen demand (COD) and temperature. W. "Premises" means any building, lot, parcel, real estate, land or portion of land whether improved or unimproved. WW. "Rainy Season" means the period from October 1 through April 30. XX. "Receiving Water" means surface bodies of water, as described in Order No. 90-42 of the Regional Water Quality Control Board, San Diego Region, which serve as discharge points for the storm water conveyance system, including San Diego Bay, Paradise Creek and the Paradise Creek Marsh, the Sweetwater River and the Sweetwater River Flood Control Channel, the 7th Street Channel and La Paleta Creek. YYr. "Redevelopment" means any construction, alteration or improvement of an already developed site that will increase the total impervious surface area of that site, or that involves activities that could expose contaminants to rainfall. Redevelopment can include, but is not limited to, the expansion of building footprints, the addition or replacement of a structure, exterior construction and remodeling, replacement of existing impervious surfaces that are not part of a routine maintenance activity, and other activities that create additional impervious surfaces. ZZ. "Regulated Commercial Facility" means all non-residential 'facilities engaged in business or commerce, whether for profit or not -for -profit, or publicly or privately owned, except for regulated industrial facilities and municipal facilities; plus residences used for commercial repair, maintenance, cleaning, manufacturing, food preparation or painting activity if that activity has the potential to result in the discharge of non -storm water or the discharge of pollutants to storm water. AAA. "Regulated Industrial Facility" means any facility subject to the State General Industrial Storm Water Permit; any other facility primarily engaged in manufacturing, processing, storage or handling of raw materials, processed bulk materials, or refuse; and any other facility with a total outdoor uncovered area of more than two (2) acres that is used for an industrial activity. Municipal facilities are not regulated industrial facilities, unless they are subject to the State General Industrial Storm Water Permit. BBB. "Residential Discharger" means, for an occupied residence, the occupants; and for a vacant residence, the owner and the manager of the residence. CCC. "RWQCB" means the Regional Water Quality Control Board for the San Diego region. DDD. "Significant Redevelopment" means (1) any redevelopment in the City that creates or adds at least 2,500 net square feet of additional impervious surface area within, or within 200 feet of, an Environmentally Sensitive Area (ESA), where runoff from 2004 Ordinance 9 Titles 7, 14 and 15 the redevelopment would discharge directly to receiving waters within the ESA; and (2) any redevelopment in the City that creates or adds at least 5,000 net square feet of additional impervious surface area, if that redevelopment• involves grading any natural slope with a total pre -construction '' height of 20 feet or more and an average pre -construction slope from toe to top of 25% or more in an area of known erosive soil conditions. EEE. "Standard Urban Storm Water Mitigation Plan (SUSMP)" means a plan designed to reduce pollutants and runoff flows from new development and significant redevelopment. It was adopted by Ordinance 2213 of November 12, 2002, together with any amendments or revisions now or`hereafter adopted. FFF. "State General Construction Storm Water Permit" means NPDES Permit No. CAS000002, Waste Discharge Requirements for Discharges of Storm Water Associated with Construction.Activities, and 'any amendments thereto. GGG. "State General Industrial Storm Water Permit" means NPDES Permit No. CAS000001, Waste Discharge Requirements for Discharges of Storm water Associated with Industrial Activities Excluding Construction Activities, and any amendments thereto. HHH. "Stop Work Order" means an order issued which requires that specifically identified activity or all activity on a site be stopped. III. "Storm Water" means surface runoff and drainage associated with storm events and snow melt. (See subsection J of this section for non -storm water dischargef ) JJJ. "Storm Water Conveyance System" includes but is not limited to those municipal facilities within the city by which -storm: water may be conveyed to waters of the United States, including any roads with drainage systems, municipal streets, catch basins, natural and artificial channels, aqueducts, canyons, stream beds, gullies, curbs, gutters, ditches, natural and artificial channels or,storm drains. KKK. "Storm Water Management" means the use of structural or non-structural BMPs that are designed to reduce urban run -tiff pollutant loads, discharge "volumes, and/or peak discharge flow rates or velocities_ When applied to the City or another municipality, storm water management also includes planning and programmatic measures. LLL. "Storm Water Management Plan" means a plan, submitted on a City form or in a City -specific format in connection with an application for a City permit or other City approval, identifying the measures that Will be used for storm water and non-stomi water management during the permitted activity. MMM. "Storm Water Pollution Prevention Plan (SWPPP)" means a document which describes the on -site program activities to eliminate or reduce to the MEP, pollutant discharges to the storm water conveyance system. This plan shall include, but not be limited to, the following site information: 1. An inventory of all of materials/wastes that are handled on a premise and have a reasonable potential to impact storm water quality; 2. A description of measures taken which will reduce the possibility or likelihood of accidental spillage resulting from equipment failure or employee error; 3. A description of on -site spill control/response equipment and procedures to prevent contaminants from entering the storm water conveyance system; 2004 Ordinance 10 Titles 7, 14 and 15 4. A site map indicating all building structures, materials and waste storage areas, paved areas, areas of existing and potential erosion, storm drain inlets, and point(s) of discharge to a municipal storm water conveyance system or receiving waters. The site map shall include an estimate of the size of the facility and the facility's impervious area; 5. An employee training program, as defined in subsection D of this section, including training outlines and training records; 6. A description of any storm water monitoring program that is conducted on the site. A storm water pollution prevention plan prepared and implemented pursuant to any NPDES storm water permit shall meet the definition of a storm water pollution prevention plan for the purposes of this chapter. NNN. "Structural BMP" means a BMP that relies on either a physical condition (other than an entirely natural and undisturbed condition), or on a constructed or installed device to reduce or prevent pollutants in storm water discharges and authorized nonstorm water discharges. Constructed or enhanced BMPs that depend on natural materials and processes (e.g., constructed drainage swales or buffers, or constructed wetlands) and that require periodic maintenance to function as designed, are structural BMPs. 000. "Structural Post -Construction BMP" means a structural BMP (other than a temporary construction -related BMP) put in place in connection with a land development or redevelopment project to prevent or reduce contamination in storm water or receiving waters, or to prevent or reduce erosion downstream from the project. PPP. "SWRCB" means the State Water Resources Control Board. QQQ. "Surface waters plan" means the "California Inland Surface Waters Plan: Water Quality Control Plan for Inland Surface Waters of California" adopted by the state Water Resources Control Board, April 11, 1991 or the most current amendments thereto. RRR. `Tributary to an Impaired Water Body" means a facility or activity is tributary to an impaired water body if urban runoff from that facility or activity enters (1) the storm water conveyance system at a place and in a manner that will carry pollutants for which that water body is impaired in that discharge to the impaired water; (2) a flowing stream that will carry pollutants for which that water body is impaired in that discharge to the impaired water; or (3) an ephemeral stream that reaches the impaired water during storm events and that will carry pollutants for which that water body is impaired from the facility or activity to the impaired water body during such storm events. SSS. "Urban Run-off' means all flows in a storm water conveyance system in the City other than point source discharges in violation of a site -specific NPDES permit. Urban run-off includes, but is not limited to, storm water, exempt non -storm water discharges, and illicit discharges. TTT. 'Water Main" means a potable or recycled water delivery line greater than or equal to four (4) inches in diameter. UUU. "Watercourse" means any natural or artificial stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine, arroyo or wash, in which waters flow in a definite direction or course, either continuously or intermittently, and which has a definite channel and a bed or banks. A channel is not limited to land 2004 Ordinance 11 Titles 7, 14 and 15 covered by minimal or ordinary flow but also includes land covered during times of high water. Watercourse does not include any surface drainage prior to its collection in a stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine, arroyo or wash. VVV. 'Water Quality Standards" are defined as the beneficial uses (e.g., swimming, fishing, municipal drinking water supply, etc.) of water and the water quality objectives adopted by the State or the United States Environmental Protection Agency to protect those uses. WWW. "Waters of the United States" means water subject to the regulatory jurisdiction of the United States under the Federal Clean Water Act and applicable case law. (In general, this includes "navigable" waters, waters tributary to "navigable" waters, and adjacent wetlands) 14.22.040 General provisions. A. Responsibility for administration. This Chapter shall be administered for the City of National City by its authorized enforcement officials. B. Effective date. This Ordinance shall be effective thirty (30) days after adoption. C. Construction and application. This chapter shall be interpreted to assure consistency with the requirements of the Federal Clean Water Act and acts amendatory thereof or supplementary thereto, applicable implementing regulations, and NPDES Permit No. CAS108758, and any amendments, revision or reissuance thereof, and SUSMP (Order 2088 (par), 1994). This Chapter is not intended to interfere with, abrogate or annul any other Chapter, rule or regulation, statute, or other provision of law. The requirements of this Chapter should be considered minimum requirements, and where any provision of this Chapter imposes restrictions different from those imposed by any other Chapter, rule or regulation, or other provision of law, wloichever provisions are more restrictive or impose higher protective standards for human health or the environment shall take precedence. Storm Water and non -storm water discharges regulated under a valid facility -specific NPDES permit or facility -specific RWQCB Waste Discharge Requirements Permit are not subject to this Chapter, but shall instead be regulated exclusively by the RWQCB. D. Recycled water. This Chapter is not intended to prohibit or prevent the use of recycled water, or the discharge of recycled water after use. This Chapter is intended to require the use of BMPs for such uses and discharges as necessary to protect human health and the environment. E. Severability and validity. If any section of this Chapter is declared invalid by a court of law, the remaining sections shall remain valid. F. City permits and approvals. 1. An application for any of the following discretionary permits or approvals shall be accompanied by plans demonstrating how the requirements of this Chapter 14.22 will be met, and the permit or approval shall not be approved unless the decision maker determines that the application complies with the requirements of this Chapter: 2004 Ordinance 12 Titles 7, 14 and 15 a. Conditional Use Permit (including modification or extension) b. Coastal Development Permit c. Parcel Map (and modifications) d. Reclamation Plan e. Planned Development Permits f. Planned Unit Development Permits g. Planning Commission Approval of Plans h. Site Plan Review i. Tentative Map (and amendments to conditions of approval or time extension) j. Tentative Parcel Map k. Variance 2. An application for any of the following ministerial permits or approvals shall be accompanied by plans demonstrating how the specifically applicable requirements, if any, set out in corresponding sections of the Manual will be met, and the permit or approval shall not be approved unless the decision makerdetermines that the application complies with those requirements. a. Administrative Clearing Permit b. Lot line adjustment c. Final map modification d. Grading Plan (including modification or renewal) e. Improvement Plan (including modification) f. Landscape Plan g. Building Permit h. Construction Right -of -Way Permit i. Encroachment Permit j. Excavation Permit k. On -Site Wastewater System Permit 1. Underground Tank Permit m. Well Permit G. Guidance documents. Any authorized enforcement official may prepare, circulate for public comment, disseminate and maintain guidance documents addressing the use of pollution prevention practices and BMPs for specific activities or facilities, illicit connections, and illegal disposal. These guidance documents may set out additional compliance altematives that, in specified circumstances, can provide the same environmental protection that is afforded by the BMPs required by this Chapter. These guidance documents may also identify practices that have been determined by the authorized enforcement official to be additional BMPs that may be implemented for land disturbance activity and land development activity to prevent or control pollution to the MEP. Authorized enforcement officials may also take these guidance documents into account when determining whether any practices used by a discharger, or proposed in a grading plan, a Storm Water Pollution Prevention Plan (SWPPP), an enforcement settlement offer, or any other submittal to the City, are BMPs that will prevent or control pollution to the MEP. These case -specific discretionary decisions may involve circumstances that were not anticipated when general guidance documents were 2004 Ordinance 13 Titles 7, 14 and 15 prepared. Therefore, these guidance documents do not confer rights on dischargers in these circumstances and do not constrain the discretion of authorized enforcement officials. Where appropriate, and provided the same protection is provided to the environment, authorized enforcement officials may depart from these guidance documents when making case -specific decisions authorized by this Chapter. 14.22.050 Reduction of pollutants in storm water --Minimum requirements. Any person engaged in activities, which will or may result in pollutants entering the city storm water conveyance system shall undertake all measures to reduce such pollutants to the MEP. The following minimum requirements shall apply: A. Business related activities. All owners or operators of premises where pollutants frombusiness related activities may enter the storm water conveyance system must reduce any such pollutants as are generated from said premises to the MEP. The authorized enforcement official may require the business to develop and implement a SWPPP, as defined in Section 14.22.080 of this chapter. Examples of business related activities are maintenance, storage, manufacturing, assembly, equipment operations, vehicle loading and/or cleanup procedures which are carried out partially or wholly out of doors. B. Standard for parking lots and similar structures. Persons owning or operating a parking lot or impervious surfaces used for similar purposes shall clean those structures thoroughly as is necessary to prevent the discharge of pollutants to the City storm water conveyance system to the MEP, but not less than once prior to each rainy season. Sweepings or cleaning residue from parking lots or said impervious surfaces shall not be swept or otherwise made or allowed to go into the gutter or roadway. C. BMPs for new developments and redevelopments. Any person performing construction work in the city shall prevent, to the MEP (maximum extent practicable), pollutants from entering the storm water conveyance system by complying with Section 7013 of the 1991 Uniform Building Code as amended by Chapter 15.70 of this code, the Standard Specifications for Public Works Construction Manual, and applicable provisions of the general construction activity storm water NPDES permit issued by the State Water Resources Control Board (SWRCB), and the SUSMP. The city engineer may establish controls on the volume and rate of storm water runoff from new developments and redevelopments as may be appropriate to minimize the discharge and transport of pollutants. D. Compliance with NPDES storm water permits. Each industrial discharger, discharger associated with construction activity, or other discharger, subject to any NPDES storm water permit addressing such discharges, as adopted by the United States Environmental Protection Agency, the SWRCB, or the Califomia RWQCB, San Diego Region (RWQCB), shall comply with, and undertake all other activities required by any storm water permit applicable to such discharges, including but not limited to, the SWRCB statewide general industrial and general construction activity storm water permits, and the RWQCB General De -Watering Permits (Order Nos. 91-10 and 90- 31).Each discharger identified in an individual NPDES permit relating to storm water discharges shall comply with and undertake all activities required by such permit. 2004 Ordinance 14 Titles 7, 14 and 15 E. Compliance with BMPs. Every person owning or operating any activity, operation or facility will comply with storm water BMPs adopted by federal, state, regional, or local agencies, as applicable. 14.22.060 Watercourse Protection. A. Every person owning property through which a watercourse passes, or such person's lessee or tenant, shall keep and maintain that part of the watercourse within the property reasonably free of trash, debris, excessive vegetation, and other obstacles which would pollute, contaminate or significantly retard the flow of water through the watercourse; shall maintain existing privately owned structures within or adjacent to a watercourse, so that such structures will not become a hazard to the use, function or physical integrity of the watercourse; and shall not remove healthy bank vegetation beyond that actually necessary for said maintenance which shall be accomplished in a manner that minimizes the vulnerability of the watercourse to erosion. B. No person shall commit or cause to be committed any of the following acts, unless a written permit has been obtained from the city engineer, and the appropriate state or federal agencies, if applicable: 1. Discharge pollutants into or connect any pipe or channel to a watercourse; 2. Modify the natural flow of water in a watercourse; 3. Carry out developments within thirty feet of the center line of any creek or twenty feet of the top of a bank, whichever is the greater distance from the top of the bank; 4. Deposit in, plant in, or remove any material from a watercourse including its banks, except as required for necessary maintenance. 5. Construct, alter, enlarge, connect to, change or remove any structure in a watercourse; or 6. Place any loose or unconsolidated material along the side of or within a watercourse or so close to the side as to cause a diversion of the flow, or to cause a probability of such material being carried away by storm water passing through such a watercourse. 7. The above requirements do not supersede any requirements set forth by the Califomia Department of Fish and Game Stream alteration permit process. 14.22.070 Illicit connection and illegal discharge of pollutants —Prohibited. A. Illegal discharges. The discharge of pollutants directly or indirectly into the Storm Water Conveyance System or receiving waters in non -storm water is prohibited, except as exempted in Section 14.22.080 of this Chapter. The discharge of pollutants directly or indirectly into the Storm Water Conveyance System or receiving waters in storm water is prohibited, unless the applicable requirements of this Chapter have been met. B. Illicit connection. It is prohibited to establish, use, maintain, or continue illicit connections to the city stormwater conveyance system, regardless of whether such connections were made under a permit or other authorization or other authorization or whether permissible under the law or practices applicable or prevailing at the time of connection. 2004 Ordinance 15 Titles 7, 14 and 15 C. Litter, dumps, and stockpiles. Throwing, depositing, leaving, abandoning, maintaining or keeping materials or wastes on public or private lands in a manner and place where they may result in an illegal discharge is prohibited. 14.22.080 Exceptions to Discharge Prohibition. The following discharges are exempt from the prohibition: A. Separately permitted discharges. Storm water discharges regulated under a valid facility -specific NPDES permit or facility -specific RWQCB Waste Discharge Requirements Permit, or under a general NPDES permit (including the State General Industrial Storm Water Permit or State General Construction Storm Water Permit), are exempt from discharge prohibitions established by this Chapter, provided compliance with all relevant permit conditions is maintained to the satisfaction of the RWQCB. Except as provided in Section 14.22.040 (C), these discharges are not otherwise exempted from this Chapter. B. Categorically allowed discharges subiect to Section 14.22.090. The following categories of non -storm water discharges are exempt from discharge prohibitions established by this Chapter, but dischargers must install, implement and maintain the applicable BMPs set out in Section 14.22.090 of this Chapter: • Discharges from potable water sources other than water main breaks; • Diverted stream flows (provided required permits are obtained); • Flows from riparian habitats and wetlands; • Foundation drains (not including active groundwater dewatering systems); • Individual residential washing of vehicles; • Irrigation water including recycled water used for irrigation; • Landscape irrigation; • Lawn watering; • Rising ground water; • Swimming pool discharges (if dechlorinated to less than one PPM chlorine); • Uncontaminated ground water infiltration to storm drains; • Uncontaminated pumped ground water; • Water from crawl space pumps; and • Water from footing drains (not including active groundwater dewatering systems). C. Categorically allowed 'discharges not subject to Section 14.22.090. The following categories of non -storm water discharges are exempt from discharge prohibitions established by this Chapter and are not subject to Section 14.22.090. • Air conditioning condensation; • Flows from emergencyfire, fighting activities; • Springs; and • Water line flushing. D. Exemptions to protect public health and safety. Discharges determined by any authorized enforcement official to be necessary to protect public health and safety are exempt from discharge prohibitions established by this Chapter, provided any 2004 Ordinance 16 Titles 7, 14 and 15 conditions on such discharges imposed by the authorized enforcement official are satisfied. In emergency circumstances, the determination of an authorized enforcement official that a discharge is necessary may initially be oral but must be promptly confirmed in writing by an authorized enforcement official. In non -emergency situations, a prior written determination is required to exempt a discharge. E. On -site wastewater systems. Discharges to the subsurface from permitted properly functioning on -site wastewater systems are not prohibited by this Chapter. F. Exemptions not absolute. Any discharge category described in subsection (B) above that is a significant source of pollutant to waters of the United States shall be prohibited from entering the storm water conveyance system, or shall be subjected to a requirement to implement additional BMPs to reduce pollutants in that discharge to the MEP. Such prohibitions shall be effective on a schedule specified by an authorized enforcement official in a written notice to the discharger. That schedule may take into account the nature and severity of any effects caused by the discharge; and the time required to design, engineer, fund, procure, construct and make appropriate BMPs operational. 14.22.090 Best management practice requirements and general requirements applicable to all discharges. A. r Applicable requirements. All dischargers in the City must comply with the generally applicable prohibitions and requirements in Sections 14.22.010 through 14.22.080 of this Chapter, and must also comply with any other parts of this Chapter (including relevant parts of the Manual) that are applicable to the type of facility or activity owned or operated by that discharger. B. Minimum BMPs for all dischargers. All dischargers in the City must install, implement and maintain at least the following minimum BMPs: 1. Eroded soils. Prior to the rainy season, dischargers mus(remove or secure any significant accumulations of eroded soils from slopes previously disturbed by clearing or grading, if those eroded soils could otherwise enter the Storm Water Conveyance System or receiving waters during the rainy season. 2. Pollution prevention. Dischargers employing ten or more persons on a full-time basis shall implement those storm water pollution prevention practices that are generally recognized in that discharger's industry or business as being effective and economically advantageous. 3. Prevention of illegal discharges. Illit;it connections must be eliminated (even if the connection was established pursuant to a valid permit and was legal at the time it was constructed), and illegal discharge practices eliminated. 4. Slopes. Completed slopes that are more than five feet in height, more than 250 square feet in total area, and steeper than 3:1 (run -to -rise) that have been disturbed at any time by clearing, grading, or landscaping, shall be protected from erosion prior to the first rainy season following completion of the slope, and continuously thereafter. 5. Storage of materials and wastes. All materials and wastes with the potential to pollute urban runoff shall be stored in a manner that either prevents contact with rainfall and storm water, or contains contaminated runoff for treatment and disposal. 2004 Ordinance 17 Titles 7, 14 and 15 6. Use of materials. All materials with the potential to pollute urban run off (including, but not limited to, cleaning and maintenance products used outdoors, fertilizers, pesticides and herbicides, etc.) shall be used in accordance with label directions. No such product may be disposed of or rinsed into receiving waters or the Storm Water Conveyance System. C. Inspection, maintenance, repair and upgrading of BMPs. BMPs at manned facilities must be inspected by the discharger before and following predicted rain events. BMPs at unmanned facilities must be inspected by the discharger at least once during the rainy season and at least once between each rainy season. These BMPs must be maintained so that they continue to function as designed. BMPs that fail must be repaired as soon as it is safe to do so. If the failure of a BMP indicates that the BMPs in use are inappropriate or inadequate to the circumstances, the BMPs must be modified or upgraded to present any further failure in the same or similar circumstances. D. Storm water pollution prevention plan. An authorized enforcement official may require a commercial, industrial or land disturbance activity discharger to prepare and submit a SWPPP for approval by that official if (1) the discharger does not come into compliance with this Chapter after one or more wamings (or other enforcement action) that BMPs are inadequate or are not being adequately maintained; or (2) the facility or activity at issue is a significant source of contaminants to receiving waters despite compliance with this Chapter. Any discharger required to submit and to obtain approval pf a SWPPP shall install, implement, and maintain the BMPs specified in the approved SWPPP. The SWPPP shall identify the BMPs that will be used by the discharger to prevent or control pollution of storm water to the MEP. If the facility is an industrial facility, the SWPPP submitted to the City shall at a minimum meet the requirements of the State NPDES General Industrial Storm Water Permit. If the activity at issue is a construction or land disturbance activity, the SWPPP submitted to the City s all at a minimum meet the requirements of the State NPDES General Construction Storm Water Permit. If a facility, required to submit a SWPPP to the City, discharges non -- storm water to groundwater, the facility shall obtain an RWQCB permit as required by the State Water Code, and shall describe the requirements of that permit in the SWPPP. Whenever submission of a SWPPP is required pursuant to this Chapter, an authorized enforcement official may take existing City BMPs into account when determining whether the practices proposed in the SWPPP re BMPs that will prevent or control pollution to the required level of MEP. E. Notification of spills, releases and illegal discharges. Spills, releases, and illegal discharges of pollutants to receiving waters or to the Storm Water Conveyance System shall be reported by the discharger as required by all applicable state and federal laws. In addition, any such spills, releases and illegal discharges with the potential to endanger health, safety or the environment shall be reported to the directors within 24-hours after discovery of the spill, release or discharge. If safe to do so, necessary actions shall be taken to contain and minimize the spill, release or illegal discharge. F. Sampling, testing, monitoring, and reporting. Commercial, industrial or land disturbance activity dischargers shall perform the sampling, testing, monitoring and reporting required by this Chapter. In addition, an authorized enforcement official may 2004 Ordinance 18 Titles 7, 14 and 15 order a discharger to conduct testing or monitoring and to report the results to the City if (1) the authorized enforcement official determines that testing or monitoring is needed to determine whether BMPs are effectively preventing or reducing pollution in storm water to the MEP, or to determine whether the facility is a significant source of contaminants to receiving waters; or (2) the authorized enforcement official determines that testing or monitoring is needed to assess the impacts of an illegal discharge on health, safety or the environment; or (3) an illegal discharge has not been eliminated after written notice by an authorized enforcement official; or (4) repeated violations have been documented by written notices from authorized enforcement officials; or (5) the RWQCB requires the City to provide any information related to the discharger's activities. Testing and monitoring ordered pursuant to this subsection may include the following: 1. Visual monitoring of dry weather flows, wet weather erosion, and/or BMPs; 2. Visual monitoring of premises for spills or discharges; 3. Laboratory analyses of storm water or non -storm water discharges for pollutants; 4. Background or baseline monitoring or analysis; and 5. Monitoring of receiving waters or sediments that may be affected by pollutant ;discharges by the discharger (or by a group of dischargers including the discharger). The authorized enforcement official may direct the manner in which the results of required testing and monitoring are reported, and may determine when required sampling, testing or monitoring may be discontinued. G. Mitigation. All illegal discharges must be mitigated within a reasonable period of time to correct or compensate for all damage to the environment caused by the illegal discharge. The authorized enforcement official shall determine whether mitigation measures proposed or completed by the discharger meet this standard. The authorized enforcement official shall require the discharger to submit a mitigation plan and schedule by a specified date prior to taking action, and to submit a summary of completed mitigation by a specified date. 14.22.100 Additional minimum best management practice requirements for residential activities and facilities. A. Applicable requirements. The requirements ih this section apply to all residential dischargers within the City. All residential dischargers must install, implement and maintain the BMPs identified in Section 14.22.090 (B) for all dischargers, and at least the additional minimum BMPs specified below for the category of activities conducted by that discharger. B. Motor vehicle or boat repair and maintenance. 1. Motor vehicle and boat repair and maintenance activity shall be performed under a permanent roof or other permanent cover, if such space is available. Maintenance and repair activities that are conducted without cover or without BMPs to prevent pollutant discharges are prohibited during times of precipitation. 2. Any release of fluids during repair or maintenance shall be promptly contained and cleaned up. Any absorbent materials used must be disposed of properly. 2004 Ordinance 19 Titles 7, 14 and 15 3. Automotive and boat materials and wastes must be stored indoors, or under cover, or in secure and watertight containers. C. Motor vehicle washing. 1. Vehicles shall be washed over porous surfaces such as lawns and gravel areas where feasible. 2. Remaining detergent solutions prepared for use in vehicle washing, but not used up in that process, may not be disposed by emptying buckets or other containers directly or indirectly to the storm water conveyance system or receiving waters. Disposal to the sanitary sewer (e.g., through a sink, toilet or floor drain) or to a porous surface is required. 3. The use of "hose off or single use engine degreasing chemicals is prohibited, unless captured and disposed of properly. 4. Motor vehicle washing other than individual residential motor vehicle washing is prohibited, unless all wash and rinse water is diverted to or contained and disposed to a porous area or the sanitary sewer. D. Motor vehicle parking. 1. Residents shall remove excessive accumulations of oil and grease deposited by vehicles they own from parking areas, using dry cleaning methods (e.g., absorbents, scraping, vacuuming, or sweeping). 2. Residents shall move vehicles from streets when notified to do so to allow street cleaning. E. Home and garden care activities and product use. 1. Irrigation systems should be adjusted to avoid excessive runoff. 2. Spills of gardening chemicals, fertilizers or soils to non -porous surfaces must be cleaned up, and properly disposed. 3. Lawn and garden care products must be stored in closed labeled containers; or in covered areas; or off the ground under protective tarps. ;, 4. Household hazardous waste may not be disposed directly or indirectly to the trash or to the street, gutter or storm drain. F. Home care and maintenance. 1. Painting equipment may not be cleaned out in or over streets, sidewalks or gutters. 2. Action shall be taken to minimize and contain all spills of hazardous materials, if it is safe to do so. 3. Household hazardous materials must be stored indoors or under cover, and in closed and labeled containers. 4. Household wash waters (carpet cleaning, mop water, washing machine effluent, other gray water, paint wash-up water, etc.) may not be disposed of to the street, gutter or storm drain or to receiving waters. Disposal to the sanitary sewer (e.g., through a sink, toilet or floor drain) or to a porous surface is required. G. Manure and pet waste management. 1. Manure deposited by horses and large animals within an enclosure or on uncovered areas, from which runoff could enter receiving waters or the storm water conveyance systems, must be cleaned up at least once weekly and either be composted, or be stored prior to disposal in a manner that prevents contact with runoff to receiving waters or the storm water conveyance system. 2004 Ordinance 20 Titles 7, 14 and 15 2. Areas used for composting such manure must be located, configured or managed to prevent runoff to receiving waters or the storm water conveyance system. 3. Pet waste shall not be disposed to the storm water conveyance system or receiving waters. H. Private sewer laterals and on -site wastewater systems. 1. Private sewer laterals shall be cleaned, maintained and when necessary replaced to prevent seepage and spills. On -site wastewater systems shall be pumped, maintained and when necessary modified or replaced to prevent spills. 2. Spills from private sewer laterals and on -site wastewater systems shall be contained and cleaned -up in a manner that minimizes any release of pollutants to the storm water conveyance system or receiving waters. 3. Any release from a private sewer lateral that enters the storm water conveyance system or receiving waters shall be immediately reported to the City. 4. Failed on -site wastewater systems shall be repaired or replaced, after issuance of all required permits and approvals. 14.22.110 Additional minimum best management practice requirements for commercial activities and facilities. A. Priorities and requirements. Regulated commercial facilities are classified in this section as high priority or all other, and additional requirements are imposed on those facilities by this section based on those classifications. All commercial dischargers must install, implement and maintain at least the additional minimum BMPs, if any, specified in this section or in the Manual for the priority classification and category of activity or facility owned or operated by that discharger. All regulated commercial facilities shall review their facilities, activities, operations and procedures at least annually to detect and eliminate illicit connections and illegal discharges. Corrective training shall be provided as needed (and documented ins training records) whenever an illegal disposal practice is discovered. B. High priority commercial facilities identified. As required by NPDES Permit No. CAS0108758, facilities in the City having one or more of the following characteristics are high priority commercial facilities: 1. The facility is a regulated commercial facility primarily engaged in one of the following commercial activities: • Airplane mechanical repair, maintenance, fueling, or cleaning; • Motor Vehicle (or other vehicle) parking lots and storage facilities; • Motor Vehicle and other vehicle body repair or painting; • Motor Vehicle mechanical repair, maintenance, fueling, or cleaning; • Boat mechanical repair, maintenance, fueling, or cleaning; • Botanical or zoological gardens and exhibits; • Cement mixing or cutting; • Cemeteries; • Eating or drinking establishments; • Equipment repair, maintenance, fueling, or cleaning; 2004 Ordinance 21 Titles 7, 14 and 15 • Golf courses, parks and other recreational areas/facilities; • Landscaping; • Marinas; • Masonry installation; • Mobile motor vehicle or other vehicle washing; • Mobile carpet; drape or furniture cleaning; • Nurseries and greenhouses; • Painting and coating,; • Pest control services; • Pool and fountain cleaning; • Port -a -Potty servicing; or • Retail or wholesale fueling. 2. The facility is a regulated commercial facility that has outdoor industrial areas totaling two acres or more or an outdoor parking lot for 100 or more vehicles; and storm water or runoff from' the facility may adversely affect impaired waters or waters within an ESA. 3. The facility is a regulated commercial facility and has been notified in writing by an authorized enforcement official that it is a high priority commercial facility. Such designations shall take effect 90 days after mailing or service of this notice. These designations shall be made where the facility discharges a pollutant load in storm water or runoff that causes or contributes to the violation of water quality standards. C. Additional minimum BMPs for all regulated commercial facilities. All regulated commercial facilities shall install;, implement and maintain the BMPs specified in the Manual the following areas: • Employee training; ?, • Storm water pollution prevention plans; • Storm drain tileage and signing; • Annual review of facilities and activities; • Pollution prevention; • Materials and waste management • Vehicles and equipment; • Outdoor areas. D. Additional minimum BMPs for specific activities at high priority commercial facilities. High priority commercial facilities shall install, implement, and maintain the BMPs specified in the Manual for specific, areas at the facility, if any, where any of the following activities are conducted: • Vehicle and equipment operations; • Materials and waste management (including tanks); • Outdoor work and storage functions. E. Additional minimum BMPs for specific types of regulated commercial facilities. Regulated commercial facilities, including but not limited to the types of facilities and activities listed below, shall install, implement and maintain the BMPs specified in the Manual for each such type of facility or activity. • Vehicle and equipment repair and maintenance; • Outdoor storage of vehicles and equipment; 2004 Ordinance 22 Titles 7, 14 and 15 • Retail and wholesale fueling; • Vehicle body repair and painting; • Painting and coating; • Eating and drinking establishments; • Marinas; • Botanical and zoological gardens and exhibits; • Golf courses, parks, and other recreational facilities; • Parking Tots and storage facilities • Cement mixing and cutting; • Mobile carpet, drape, and fumiture cleaning; • Masonry storage or installation; • Pool and fountain cleaning; • Portable sanitary toilet servicing; • Mobile vehicle washing; • Pest control; • Landscaping. 14.22.120 Additional minimum best management practice requirements for industrial activities and facilities. A. r Priorities and requirements. Regulated industrial facilities are classified in this section as high, medium and low priority, and additional requirements are imposed on those facilities by this section based on those classifications. All industrial dischargers must install, implement and maintain at least the additional minimum BMPs, if any, specified in this section or in the Manual for the priority classification and category of activity or facility owned or operated by that discharger. All regulated industrial facilities shall review their facilities, activities, operations and procedures at least annually to detect and eliminate illicit connections and illegal disdhagges. Corrective training shall be provided as needed (and documented in training records) whenever an illegal disposal practice is discovered. B. High priority industrial facilities. Regulated industrial facilities that have one or more of the characteristics listed below are high priority industrial facilities: 1. The facility is subject to the State General Industrial Storm Water Permit, taking into account all of the provisions of that permit. 2. The facility is a regulated industrial facility and storm water or runoff from the facility is tributary to an impaired water body, and the facility generates a pollutant for which that water body is impaired. 3. The facility is a regulated industrial facility and is located within or adjacent to (Le., within 200 ft. of), or discharges directly to, a coastal lagoon or a receiving water body within an ESA. 4. The facility is subject to Section 313 of Title III of the Superfund Amendments and Reauthorization Act of 1986 (SARA). 5. The facility was notified in writing by an authorized enforcement official that it has been designated a high priority industrial facility. Such designations shall take effect 90 days after mailing or service of notice. These designations shall be made where the facility discharges a pollutant load in storm water or runoff that causes or contributes to the violation of water quality standards. 2004 Ordinance 23 Titles 7, 14 and 15 C. Medium priority industrial facilities. Regulated industrial facilities that are not high priority industrial facilities, but which employ 50 or more persons, are medium priority industrial facilities. D. Low priority industrial facilities. Regulated industrial facilities that are not high priority industrial facilities or medium priority industrial facilities are low priority industrial facilities. E. Additional minimum BMPs and other additional requirements for high priority industrial facilities. 1. Notice of intent. High priority industrial dischargers required to comply with the State Industrial General Storm Water Permit shall maintain on site and make available for inspection on request by the City the state -issued Waste Discharge Identification Number (WDID) for the facility, and a copy of the Notice of Intent (NOI) filed with the SWRCB pursuant to that permit. The discharger shall submit the WDID and a copy of that NOI to the City by mail if directed to do so by an authorized enforcement official. 2. Storm water pollution prevention plan. Dischargers required to prepare a SWPPP under the State General Industrial Storm Water Permit must prepare the plan, implement the plan and maintain it at the site readily available for review. If a high priority industrial facility is not required to prepare a state SWPPP, the facility shall prepare a SWPPP, submit that SWPPP for City approval or modification and approval, implemerpt the SWPPP, and maintain it on site. Failure to comply with an applicable state -required or City -required SWPPP is a violation of this Chapter. 3. Pollution prevention practices. High priority industrial facilities shall consider and, where determined to be appropriate by the facility, shall implement the following measures to prevent the pollution of storm water and runoff: • The use of smaller quantities of toxic materials or substitution of Tess toxic materials; • Changes to production processes to reduce waste; • Decreases in waste water flows; • Recycling of wastes as part of the production process;. • Segregation of wastes, and • Treatment of wastes on site to decrease volume and/or toxicity. 4. Non-structural BMPs. High priority industrial facilities shall incorporate into the SWPPP, and install implement and maintain, the following non- structural BMPs. The implementation of these practices shall be consistent with specifications, if any, contained in the Manual. • BMPs for material handling and storage of significant materials; • BMPs for non -hazardous waste handling and recycling; • Employee training programs; • Good housekeeping practices; • Preventive maintenance practices; • Self inspection and quality assurance practices; and • Spill response planning. 5. BMPs for specific activities. High priority industrial facilities shall incorporate into the SWPPP, and install implement and maintain BMPs as specified in the Manual for any commercial activities conducted at the facility''" (as identified in 2004 Ordinance 24 Titles 7, 14 and 15 Section 14.22.110), and for areas at the facility where industrial activities are conducted. Industrial activities include but are not limited to the following: • Raw or processed materials bulk storage; • Mixing, where there is the potential for release of a pollutant; • Cutting, trimming or grinding in connection with a production process; • Casting, forging, or forming; • Hazardous materials storage (including tanks); • Construction, painting and coating; • Pesticide or other chemical products formulation or packaging; • Process water pre-treatment; • Solid waste storage; • Waste water treatment; • Welding; • Blasting; • Chemical treatment; and • Power washing. 6. Additional structural BMPs. High priority industrial facilities shall incorporate into the SWPPP, and install, implement and maintain one or more of the additional; structural BMPs listed below where practicable, if use of such BMPs would significantly reduce pollution in run-off from the facility. The discharger shall determine in the first instance which of these BMPs to implement. However, an authorized enforcement official can order that additional BMPs be used at a particular facility. • Overhead coverage of outdoor work areas or chemical storage; • Retention ponds, basins, or surface impoundments that confine storm water to the site; • Berms and concrete swales or channels that divert ruts on and runoff away from contact with pollutant sources; • Secondary containment structures; and • Treatment controls, e.g., infiltration devices and oil/water separators, to reduce pollutants in storm water or authorized non -storm water discharges. • F. Monitoring at high priority industrial facilities. Dischargers owning or operating high priority industrial facilities required to conduct monitoring under the State Industrial General Storm Water Permit shall make records of such monitoring available for inspection, and submit a copy of such records to the City if directed to do so by an authorized enforcement official. State exceptions from monitoring requirements are also applicable to this requirement, and group monitoring approved by the State is also acceptable to the City. The City may direct that any required records be submitted in a specified electronic format. Dischargers owning or operating manned high priority industrial facilities that are not required to conduct monitoring under the State Industrial General Storm Water Permit, and which would not qualify for an exemption from monitoring under the terms of that permit if the permit were applicable, must develop and implement a monitoring program that meets the following minimum criteria: 2004 Ordinance 25 Titles 7, 14 and 15 1. Quantitative storm water data must be obtained from two storm events in a year; 2. These monitoring events must address: • Pollutants listed in any effluent guidelines subcategories applicable to the facility; • Pollutants with effluent limits established by an existing NPDES permit for that facility; • Oil/grease or total organic carbon; • pH; • Total suspended solids; • Specific conductance; and • Toxic chemicals and other pollutants likely to be present in storm water discharges. This monitoring must be conducted under the conditions set out in the State Industrial General Storm Water Permit. The discharger must retain records of such monitoring on site, make such records available for inspection, and submit a copy of such records to the City if directed to do so by an authorized enforcement official. G. Medium priority industrial facilities. Medium priority industrial facilities must prepare and retain on site, and make available for inspection, a written report verifying that they have assessed their status with respect to the criteria for classifying high priority industrial facilities set out in subsection (B) above. These facilities must also meet the requirements for low priority industrial facilities set out in subsection (H) below. H. Low priority industrial facilities. Low priority industrial facilities must meet the requirements set out in Sections 14.22.040 through 14.22.090 of this Chapter for all discharges, the requirements set out in Section 14.22.110 of this Chapter for high priority commercial facilities, and any applicable requirements in Section 14.22.'40. 14.22.130 Additional minimum best management practice requirements for municipal activities and facilities. Municipal facilities must meet the requirements set out in Sections 14.22.010 through 14.10.090, and where applicable, Sections 14.22.150 and 14.22.160 of this Chapter. In addition, these facilities and activities must install, implement and maintain at least the additional minimum BMPs, if any, specified in Section 14.22.120 or in the Manual, for industrial areas and activities at the municipal facility. 14.22.140 Citv Best Management Practices Manual. A. Effect of manual. All dischargers who are required by this Chapter to install, implement and maintain BMPs shall ensure that their selection of BMPs is consistent with the applicable specifications, if any, contained in the Manual, for the category and priority of activity or facility owned or operated by that discharger. All BMPs installed, implemented or maintained to meet the requirements of this Chapter must conform to the applicable specifications, if any, set out in this Manual. B. Existing facilities. The Manual sets out minimum BMPs and other objective specifications for specific types and categories of existing facilities and activities. Where minimum BMPs and objective specification are specified, they are mandatory. Where no minimum BMPs have been specified in the Manual for a type 2004 Ordinance 26 Titles 7, 14 and 15 and category of facility or activity, only the requirements set out in this Chapter are applicable. C. Ministerial land development projects. Requirements applicable to development projects requiring only the kinds of ministerial permits listed in subsection 14.22.040 (F)(2) of this Chapter are set out in separately identified sections of the Manual. Other requirements in the Manual are not applicable to these projects during the development process. However, some additional requirements will apply to completed projects when they become subject to this Chapter as residential, commercial or industrial facilities. D. Discretionary land development and redevelopment projects. The Manual sets out minimum BMPs, other objective specifications, and water quality standards for land development projects requiring one or more of discretionary permits listed in subsection 14.22.040 (F)(1) of this Chapter. The minimum BMPs and other objective specifications in the Manual are applicable to both ministerial and discretionary land development projects. The BMPs in the Manual are applicable to projects that require a discretionary City permit or approval, and shall be implemented through specific permit conditions. Development project proponents must determine whether their project design will meet the water quality standards for their facility or activity, and must redesign their project and/or install, implement and maintain additional BMPs where needed to meet applicable water quality standards. E. r Conflicting or more detailed requirements. In case of. any conflict between any applicable minimum BMPs specified in this Chapter, and any applicable requirements described in more detail for a particular type of facility or activity in the Manual, the requirement in the Manual shall prevail. 14.22.150 Additional requirements for land disturbance activity. A. Permit issuance. No land owner or development project proponent shall receive any City grading, clearing, building or other land development permit. required for land disturbance activity without first meeting the requirements of this Chapter with respect to the portion of the development project and the land disturbance activity to which the permit at issue would apply. B. Owners and operators both responsible and liable. Persons or entities performing land disturbance activity (including but not limited to construction activities) in the City, and the owners of land on which land disturbance activity is performed, are dischargers for purposes of this Chapter; provided however that a local govemment or public authority is not a discharger as to activities conducted by others in public rights of way. C. Storm water management plan. All applications to the City for a permit or approval associated with a land disturbance activity must be accompanied by a Storm Water Management Plan, on a form or in a format specified by the City. The Storm Water Management Plan shall specify the manner in which the discharger/applicant will implement the BMPs required by this Chapter for the activity at issue, including but not limited to the applicable BMPs required by subsection (D) below. D. Additional minimum BMPs for land disturbance activity. Whether a City permit or approval is required or not, and whether a Storm Water Management Plan is required to be submitted or not, all dischargers engaged in land disturbance activity 2004 Ordinance 27 Titles 7, 14 and 15 shall implement BMPs as detailed in the Manual in the following additional areas if applicable to the project: 1. Erosion control on slopes; 2. Erosion control on flat areas; or BMPs to desilt runoff from flat areas; 3. Runoff velocity reduction; 4. Sediment control; 5. Offsite sediment tracking control; 6. Materials management; <. 7. Waste management; 8. Vehicle and equipment management; 9. Water conservation; 10. Structure construction and painting; 11. Paving operations; 12. Dewatering operations; 13. Planned construction operations; 14. Downstream erosion control; 15. Prevention of non -storm water discharges; and 16. Protection of ground water. E. Control to the MEP. All dischargers engaged in land disturbance activity must install, implement and maintain those additional BMPs, if any, that are needed to prevent or reduce pollutant discharges in storm water from land disturbance to the MEP. F. Notice of intent. Dischargersrequired to comply with the State Construction General Stomm Water Permit stall maintain on site and make available for inspection on request by the City any state -issued Waste Discharge Identification Number (WDID) for the site, and a copy of the, Notice of Intent (NOI) filed with the SWRCB pursuant to that permit. G. Storm water pollution prevention .plan. Dischargers required to prepare a SWPPP under the State General Construction Storm Water Permit must prepare the plan, implement the plan and maintain it at the site, readily available for review. Failure to comply with an applicable state -required SWPPP is a violation of this Chapter. H. Facility monitoring. Dischargers required to conduct monitoring under the State Construction General Storm Water Permit must conduct such monitoring in conformance with requirements specified ,by the State, retain records of such monitoring on site, and make such records available for inspection by an authorized enforcement official. 14.22.160 Additional planning, design and post -construction requirements for all land development and redevelopment protects. A. Application to development -and redevelopment projects. No land owner or development project proponent in the Gity shall receive any City permit or approval listed in Section 14.22.040(f) of this Chapter for land development activity or significant redevelopment activity unless the project meets or will meet the requirements of this Chapter. Post -Construction BMP requirements imposed by this section and by the Manual shall not apply to those physical -aspects of the project that have been completed or substantially completed pursuant to and as required by a valid City permit 2004 Ordinance .28 Titles 7, 14 and 15 or approval, at the time a complete application for a subsequent permit or approval is submitted. B. Owners and developers responsible and liable. Developers, development project proponents, and land owners for land on which land development activity is performed, are dischargers for purposes of this Chapter; provided however that a local govemment or public authority is not a discharger as to activities conducted by others in public rights of way. C. Post -construction BMPs r, wired. Land development and redevelopment projects with the potential to add pollutants to storm water or to affect the flow rate or velocity of storm water runoff after construction is completed, shall be designed to include and shall implement post -construction BMPs to ensure that pollutants and runoff from the development will be reduced to the MEP, will not significantly degrade receiving water quality, and will not cause or contribute to an exceedance of receiving water quality objectives. D. Natural BMPs. Natural BMPs, such as constructed wetlands, grassed swales, biofilters, wet ponds, and vegetated filter strips, shall be utilized whenever practicable for post -construction BMPs that are proposed by a discharger. E. Post -construction storm water management plan. All applications to the City for a permit or approval associated with a land development or redevelopment activity must be accompanied by a Post -Construction Storm Water Management Plan on a forrp or in a format specked by the City. The plan shall specify the manner in which the discharger/applicant will implement the post -construction BMPs required by this Chapter. The plan must address those aspects of the project that, at the time a complete application is submitted, are subject to further environmental review pursuant to Section 15162 of the Califomia Environmental Quality Act. Post -Construction BMPs for other aspects of the project need not be addressed in this plan. F. Storm water management plan review fee and deposit. Fees for Storm Water Management Plan Review and deposit thereof shall be adopted by resolution. G. Additional minimum post -construction BMPS for land development activity. Whether a permit or approval is required or not, and whether a Post -Construction Storm Water Management Plan is required to be submitted or not, all dischargers engaged in land development or significant redevelopment activities in the City shall implement post -construction BMPs in the following areas if applicable to the project: 1. BMPs for permanent control of erosion from slopes. These BMPs can include structures to convey runoff safely from the tops of slopes, vegetation or altemative stabilization of all disturbed slopes, the use of natural drainage systems to the MEP, flow and velocity controls upstream of sites; and stabilization or permanent channel crossings, unless the crossing is not publicly accessible and is not frequently used. 2. BMPs to control flows, velocity and erosion. These BMPs can include but are not limited to the use of energy dissipaters, such as riprap, at the outlets of storm drains, culverts, conduits, or lined channels that enter unlined channels to minimize erosion; installation of retention or equalization basins, or other measures. Flow control and downstream erosion protection measures shall prevent any significant increase in downstream erosion as a result of the new development, but shall not prevent flows needed to sustain downstream riparian habitats or wetlands. 2004 Ordinance 29 Titles 7, 14 and 15 3. Pollution prevention and source control BMPs, to minimize the release of pollutants into storm water. 4. Site design BMPs, such as impervious surface minimization; and appropriate use of buffer areas to protect natural water bodies. 5. Site planning BMPs, such as siting and clustering of development to conserve natural areas to the extent practicable. 6. The installation of storm drain tiles or concrete stamping, and appropriate signage to discourage illegal discharges. 7. BMPs for trash storage and disposal and materials storage areas. 8. Structural BMPs to treat and/or to infiltrate storm water where a development project would otherwise cause or contribute to a violation of water quality standards in receiving waters. Off -site structural BMPs may be used for treatment and infiltration necessary to meet water quality standards only if the conveyance of run-off to those facilities prior to treatment will not cause or contribute to an exceedance of water quality standards, or deprive wetlands or riparian habitats of needed flows. Offsite facilities shall not substitute for the use of any on -site source control BMPs required by the Manual. 9. When an Infiltration BMP is used, related BMPs set out in the Manual (including but not limited to siting constraints), to protect present uses of ground water, and future uses of that ground water as currently designated in the applicable RWQCB Basin Plan. (Discharges to infiltration BMPs may also require an RWQCB permit, and additional state requirements may also be applicable to these discharges.) 10. Other applicable BMPs required by the Manual. H. Control to the MEP. All dischargers engaged in land development and significant redevelopment activities shall install, implement and maintain post -construction BMPs as needed to prevent or reduce pollutant discharges in storm water from land disturbance to the MEP. ; a 14.22.170 Maintenance of BMPs. A. Existing Development. Residential, commercial, industrial, agricultural and municipal dischargers shall maintain the BMPs they rely upon to achieve and maintain compliance with this Chapter. B. New development. The owners and occupants of lands on which structural post -construction BMPs have been installed to meet the requirements of this Chapter shall ensure the maintenance of those BMPs, and shall maintain those BMPs by contract or covenant, or pursuant to this Chapter. C. Maintenance obligations. Primary responsibility to maintain a BMP may be transferred through a contract or other agreement. If that contract provides that it will be submitted to the City pursuant to this Chapter as part of a development permit application, and if that contract is so submitted, the person or entity accepting a maintenance obligation in such a contract or agreement will also be legally obliged to maintain that BMP pursuant to this Chapter. D. Obligation to maintain BMPs not avoided by contracts or other agreements. For purposes of City enforcement, no contract or other agreement imposing an obligation to maintain a BMP can relieve a person or entity of any obligation to maintain a BMP imposed by this Chapter. 2004 Ordinance 30 Titles 7, 14 and 15 E. Disclosure of maintenance obligations. Any developer who transfers ownership of land on which a BMP is located or will be located, or who otherwise transfers ownership of a BMP or responsibility for the maintenance of a BMP to another person or entity, shall provide clear written notice of the maintenance obligations associated with that BMP to the new or additional responsible party prior to that transfer, and shall record that obligation so that the BMP will run with the land. F. Maintenance plans for land development projects. The proponents of any land development project or significant redevelopment project that requires a discretionary City permit, shall provide to the City for review and approval prior to issuance of such permit, a plan for maintenance of all post -construction structural BMPs associated with the project. The plan shall specify the persons or entities responsible for maintenance activity, the persons or entities responsible for funding, schedules and procedures for inspection and maintenance of the BMPs, worker training requirements, and any other activities necessary to ensure BMP maintenance. The plan shall provide for servicing of all post -construction structural BMPs at least annually, and for the retention of inspection and maintenance records for at least three (3) years. G. Access easement/agreement. The proponents of any land development project or significant redevelopment project that requires a discretionary City permit, shall agree to a condition of approval that provides the City access for inspection and maintenance of BMPs or, at the discretion of the City, shall provide to the City for review and approval prior to issuance of such permit an executed, permanent, easement onto the land on which post -construction structural BMPs will be located (and across other lands as necessary for access), to allow inspection and/or maintenance of those BMPs. H. Security for maintenance for land development projects. if it is determined by the authorized enforcement official that the public interest requires the posting of bond or other security to assure the maintenance of a BMP, such bond or security may be required by the authorized enforcement official. 14.22.180 Inspection and sampling. A. Regulatory inspections. Authorized enforcement officials may inspect facilities, activities and residences subject to this Chapter at reasonable times and in a reasonable manner to carry out the purposes of this Chapter. If entry for a regulatory inspection is refused by the facility owner or operator, or by the occupant of a residence, an inspection warrant shall be obtained prior to inspection. B. Access easements. When any new structural BMP is installed on private property as part of a project that requires a City permit, in 'order to comply with this Chapter, the property owner shall agree to a condition of approval that provides the City access for inspection and maintenance of BMPs or, at the discretion of the City, shall provide to the City for review an easement to enter the property at reasonable times and in a reasonable manner to ensure that the BMP is working properly. This includes the right to enter the property without prior notice once per year for routine inspections, to enter as needed for additional inspections when the City has a reasonable basis to believe that the BMP is not working properly, to enter for any needed follow-up inspections, and to enter when necessary for abatement of a nuisance or correction of a violation of this Chapter. 2004 Ordinance 31 Titles 7, 14 and 15 C. Scope of inspections. Inspections may include all actions necessary to determine whether any illegal discharges or illegal connections exist, whether the BMPs installed and implemented are adequate to comply with this Chapter, whether those BMPs are being properly maintained, and whether the facility or activity complies with the other requirements of this Chapter. This may include but may not be limited to sampling, metering, visual inspections, and records review. Where samples are collected the owner or operator may request and receive split samples. Records, reports, analyses, or other information required under this Chapter may be inspected and copied, and photographs taken to document a condition and/or a violation of this Chapter. 14.22.190 Enforcement. The City Engineer shall be the primary enforcement official for this chapter. When appropriate or necessary, this chapter may also be enforced by any other official or officer who is charged by the municipal code with code enforcement authority. The enforcement of this chapter shall be accomplished in the same manner as provided in Chapter 7.32 of this code except that reference to the term "code conformance officer" in Chapter 7.32 shall include the enforcement official as defined in this chapter and that all references to "Title 7" shall mean this storm water management and control ordinance" for the purposes of enforcement of this chapter 14.22 only. The enforcement official may. exercise any of the following supplemental enforcement powers as may be necessary to effectively implement and enforce this chapter: 1. Carry out any sampling activities, including taking samples from the property of any person or from any vehicle which any authorized representative of the enforcement agency reasonably believes is currently, or has in the past, caused or contributed to causing an illicit storm -water discharge to the storm water coriweyance system. Upon request, split samples shall be given to the person from whose property or vehicle the samples were obtained; 2. Stop and inspect any vehicle reasonably suspected of causing or contributing to an illicit discharge to the storm water conveyance system when accompanied by a uniformed police officer in a clearly marked vehicle; 3. Conduct tests, analyses and evaluations to determine whether a discharge of storm water is an illicit discharge or whether the requirements of this chapter are met; 4. Photograph any effluent stream, material or waste, material or waste container, container label, vehicle, waste treatment process, waste disposal site, or condition contributing to storm water pollution and constituting a violation of this chapter found during an inspection; 5. Review and obtain a copy of the storm water pollution prevention plan prepared by an owner and/or occupant or facility operator, if such a plan is required; 6. Require the owner and/or occupant or facility operator to retain evidence, as instructed by the inspector, for a period not to exceed thirty days; 7. Review and obtain copies of all storm water monitoring data complied by the owner and/or occupant or facility operator, if such monitoring is required; 2004 Ordinance 32 Titles 7, 14 and 15 8. The authorized enforcement official may issue warning notices to any person owning or occupying a premise to clean up and abate any release of pollutants on the premise, which may result in a violation of this chapter. The authorized enforcement official may also order the abatement of pollutant storage practices, which may reasonably result in such a violation; 9. The authorized enforcement official may require reasonable monitoring of discharges from any premises to the storm water conveyance system and shall have the authority to order the mitigation of circumstances which may result in illegal discharges to the MEP. 10. Enter upon and conduct inspections or samplings as may be required of any premises, facilities, or equipment, including monitoring and control equipment, to ensure compliance with the SUSMP and Jurisdictional Urban Runoff Management Program (JURMP). The authority to conduct reasonable inspections and the obligation of an owner or occupant to allow such inspection upon presentation of official credential is conferred and shall be exercised pursuant to Chapters 1.12 and 1.20 of this code. 14.22.200 Enforcement. Authorized enforcement officials may enforce this chapter and abate public nuisances as follows. A. Administrative authorities. 1. Administrative Penalties. Administrative penalties may be imposed in accordance with the provisions for administrative penalties set forth in Chapter 1.48. Administrative penalties may include the recovery of fines assessed against the City of National City by the RWQCB. Any later -enacted administrative penalty provision in the National City Municipal Code shall also be applicable to this Chapter, unless otherwise provided therein. 2. Cease and desist orders. Written and/or verbal orders pursuant to Section 1.12.030 may be issued to stop illegal discharges and/or remove illegal connections. If it is determined by an authorized enforcement official that the public interest requires the posting of bond or other security to assure the violation is corrected, such bond or security may be required by the authorized enforcement official. 3. Notice and order to clean, test, or abate. Written and/or verbal orders may be issued to perform any act required by this Chapter. 4. Public nuisance abatement. Violations of this Chapter are deemed a threat to public health, safety, and welfare; and constitute a public nuisance. If actions ordered under subsections 14.22.200 (A) (2) and (3) are not' performed, the authorized enforcement official may abate any public nuisance pursuant to the National City Municipal Code. City costs for pollution detection and abatement, if not paid in full by the discharger in addition to any other penalties, may be made a lien against the property in accordance with the abatement procedure. 5. Stop Work Orders. Whenever any work is being done contrary to the provisions of this Chapter, or other laws implemented through enforcement of this Chapter, an authorized enforcement official may order the work stopped by notice in writing in accordance with Section 1.12.030 served on any person engaged in the doing or causing such work to be done, and any such person shall immediately stop such work until authorized by the authorized enforcement official to proceed with the work. 2004 Ordinance 33 Titles 7, 14 and 15 6. Permit suspension or revocation. Violations of this Chapter may be grounds for permit and/or other City license suspension or revocation in accordance with National City Municipal Code. - B. Judicial authorities. 1. Civil penalties and remedies. The City Attorney is hereby authorized to file criminal and civil actions to enforce this Chapter and to seek civil penalties and/or other remedies as provided in this Section and in Section 14.22.220 of this Chapter. There is no requirement that administrative enforcement procedures be pursued before such actions are filed. 2. Injunctive relief. The City may enforce compliance with this Chapter by judicial action for injunctive relief. 3. Arrest or issue citations. The assistance of a peace officer may be enlisted to arrest violators as provided in Califomia Penal Code, and/or a citation and notice to appear as prescribed in the Penal Code, including Section 853.6, may be issued. There is no requirement that administrative enforcement remedies be used before such actions are taken. The immunities prescribed in Section 836.5 of the Penal Code are applicable to authorized enforcement officials acting in the course and scope of their employment pursuant to this Chapter. 14.22.210 Other acts and omissions that are violations. In addition to the violations , identified in Sections 14.22.010 through 14.22.200 of this Chapter, the following acts and omissions are violations of this Chapter, whether committed by a discharger or by another person or entity: A. Causing,permitting, .aiding, or abetting non-compliance. Causing, permitting, aiding, or abetting non-compliance with any part of this Chapter constitutes a violation of this Chapter. B. Concealment, misrepresentation and false statements. Any falsification or misrepresentation made to the City concerning" Compliance with this Chapter, including any misrepresentation in a voluntary disclosure, any submission of a report that omits required material facts without disclosing - such omission, and any withholding of information required to be submitted by or pursuant to this Chapter in order to delay City enforcement action, is a violation of this Chapter. Concealing a violation of this Chapter is a violation of this Chapter. C. Failure to promptly correct non-compliance. Violations of this Chapter must be corrected within the time periodspecified by an authorized enforcement official. Each day (or part thereof) in excess of that period during which action necessary to correct a violation is not initiated and diligently pursued is a separate violation of this Chapter. D. City permits and SWPPPs. Any failure to conform to an applicable SWPPP prepared pursuant to this Chapter; any failure to comply with storm water -related provisions of a City -issued grading permit or grading plan prepared to secure such a permit; and any failure to comply with storm water related provisions in any other City permit or approval, is also a violation of this Chapter. For purposes of this Chapter a permit provision or condition of approval is "storm water -related" if compliance with the provision or condition would have the effect of preventing or reducing contamination of storm water or of moderating run-off flows rates or velocities, 2004 Ordinance 34 Titles 7, 14 and 15 whether or not the provision or condition was initially imposed to promote those outcomes. 14.22.220 Penalties. A. Administrative penalties. Administrative penalties may be imposed pursuant to the National City Municipal Code. Any later -enacted administrative penalty provision in the Code shall also be applicable to violations of this Chapter, unless otherwise provided therein. B. Misdemeanor penalties. Non-compliance with any part of this Chapter may be charged as a misdemeanor and may be enforced and punished as prescribed in the Penal Code and Govemment Code of the State of Califomia, and the National City Municipal Code. C. Penalties for infractions. Any violation of this Chapter may be charged as an infraction at the discretion of the prosecutor. Infractions may be abated as a nuisance or enforced and punished as prescribed in this Code, Penal Code and Govemment Code of the State of Califomia. D. For civil actions. In addition to other penalties and remedies permitted in this Chapter, a violation of this Chapter may result in the filing of a civil action by the City. Except where a maximum monetary amount is specified, the following may also be awarded without monetary limitations in any civil action: • Injunctive relief; • Costs to investigate, inspect, monitor, survey, or litigate; • Costs to place or remove soils or erosion control materials, costs to correct any violation, and costs to restore environmental damage or to end any other adverse effects of a violation; • Compensatory damages for losses to the City or any other plaintiff caused by violations; and/or restitution to third parties fot" losses caused by violations; • Civil Penalties; • Reasonable attorney fees; and • Fines assessed against the City by the RWQCB. As part of a civil action filed by the City to enforce provisions of this Chapter, a court may assess a maximum civil penalty of $2500 per violation of this Chapter for each day during which any violation of any provision of this Chapter is committed, continued, permitted or maintained by such person(s). In determining the amount of any civil liability to be imposed pursuant to this Chapter, the court shall take into consideration the nature, circumstances, extent, and gravity of the violation or violations, whether any discharge caused the violation is susceptible to cleanup or abatement, and, with respect to the violator, the ability to pay, the effect on ability to continue in business, any voluntary cleanup efforts undertaken, any prior history of violations, the degree of culpability, economic savings, if any resulting from the violation, an such other matters as justice may require. E. Penalties and remedies not exclusive. Penalties and remedies under this section may be cumulative and in addition to other administrative, civil or criminal remedies. 2004 Ordinance 35 Titles 7, 14 and 15 14.22.230 Restrictions and conditions on issuance of ministerial and discretionary development permits. All development permits issued by city departments shall be subject to review and compliance with SUSMP and best management practices for stormwater management. The city engineer may require conditions for SUSMP compliance for development permit issuance, and no permit shall be issued by any department or city agency without those conditions being incorporated into the permit. Conditions which may be required for new construction, alterations to existing structures, land grading or excavation may include, but shall not be limited to the following: systems; a. Installation of rain gutters, brow ditches, curbing and berms; b. Drainage flow, flow redirection and directional flow control; c. Installation of French drains; d. Installation of clarifiers, filters or liquid traps; e. Installation of reservoirs, holding and settling tanks or filtration f. Maintenance and monitoring programs and adequate funding for required systems and programs; g. Payment of program compliance monitoring fees; h. Any other requirements as may reasonably and rationally relate to meeting SUSMP objectives and requirements. This authority shall also include the right to require monitoring and compliance programs on each project to be guaranteed by adequate security and servitudes or conditions running with the land on which the project is located to be recorded with the County recorder. If an off -site system is used, appropriate easements shall be required to be obtained and recorded against that site to ensure the maintenance and inspection of any required system and its installed facilities on the project site. Section 4. That Title 15, Chapter 15.70, is amended to read as follows: Sections: 15.70.010 15.70.020 15.70.030 15.70.040 15.70.045 15.70.050 15.70.060 15.70.070 15.70.080 Title 15 BUILDINGS AND CONSTRUCTION Chapter 15.70 GRADING Adoption of Appendix Chapter 33 of the 1998 California Building Code, as amended Section 3304 amended —Purpose Section 3305 amended —Scope Section 3306.2 amended —Exempted work Hazards and safety precautions Section 3308 amended —definitions Section 3309.4 and 3309.8 Amended —Grading and retaining wall permit requirements and sections 3309.10 and 3309.11 added Section 3310 amended —Grading fees Sections 3315.6, 3315.7 and 3315.8 added —Drainage and terracing 2004 Ordinance 36 Titles 7, 14 and 15 15.70.085 15.70.090 15.70.100 15.70.110 15.70.120 15.70.130 Erosion control Section 33.17.9 added —Grading inspection/retaining wall Inspection Section 3318.2 amended completion of work Supplementary section 3319 added —Rough grading permit Supplementary section 3320 added —Parking Tots Violation a misdemeanor 15.70.010 Adoption of Appendix Chapter 33 of the 1998 California Building Code, as amended. There is adopted by the city council for the purpose of prescribing regulations governing the excavation and grading on private property, and the issuance of permits and providing for the inspection thereof, Appendix Chapter 33 of the 1998 Califomia Building Code, Published by the International Conference of Building Officials, subject to the amendments and modifications set forth in this chapter. (Also referred to as the "California Building Code"). A copy of this adopted code is on file in the office of the city engineer. 15.70.020 Section 3304 amended —Purpose. Section 3304 of the Califomia Building Code is amended to read: t 3304. Purpose. The purpose of this ordinance is to safeguard life, limb, property, and the public welfare by regulating grading and other earthwork activities, or by controlling existing fills and excavations, and the construction of retaining walls, drainage facilities on private property and to ensure that soil erosion, sedimentation, and storm water runoff are regulated to reduce, to the Maximum Extent Practicable, Pollutants entering the Storm Water Conveyance System and Waters of the State to protect water quality. 15.70.030 Section 3305 amended —Scope. The first paragraph of Section 3305 of the California Building Code is amended to read: 3305. Scope. This ordinance sets forth rules and regulations to control excavation, grading, drainage, earthwork construction, including fills and embankments, and retaining wall construction; establishes the administrative procedure for issuance of permits; and provides for approval of plans and inspection of grading and retaining wall construction. 15.70.040 Section 3306.2 amended --Exempted work. A. The following amendment is made to Section 3306.2 of the California Building Code, to amend item 6 to read: 6. Mining, quarrying, excavating, processing or stockpiling of rock, sand, gravel, aggregate or clay where established and provided for by law, provided such operations do not affect the lateral support or increase the stresses in or pressure upon any adjacent or contiguous 2004 Ordinance 37 Titles 7, 14 and 15 property, excepting the dumping and stockpiling of dirt and rubble, which is strictly prohibited in National City. B. The following paragraph number 10 is added to Section 3306.2 of the California Building Code to read: 10. A retaining wall less than or equal to three (3) feet in height measured from the top of the footing to the top of the wall, when no surcharge is present, the backfill is level, and when not an integral part of a building. However, the construction of the retaining wall shall comply with the Regional Standard Drawings. 15.70.045 Hazards and safety precautions. Section 3307 of Appendix Chapter 33, 1998 California Building Code, 1998 Edition, adopted by reference in Section 15.70.010 is amended to add the following paragraphs: If, at any stage of work, the City Engineer determines that authorized grading is likely to endanger any public or private property or result in the deposition of debris on any public way or interfere with any existing drainage course, the City Engineer may specify and require reasonable safety precautions to avoid the danger. The Permittee shall ber responsible for removing excess soil and debris deposited upon adjacent and downstream public or private property resulting from Permittee's grading operations. Soil and debris shall be removed and damage to adjacent and downstream property repaired as directed by the City Engineer. Erosion and siltation control shall require temporary or permanent siltation basins, energy dissipaters, or other measures as fidlid conditions warrant, whether or not such measures are a part of approved plans. Cost associated with any work outlined in this section shall be incurred by the Permittee. The City Engineer shall not issue a grading permit in any case where the City Engineer finds that the work, as proposed by the applicant, will damage any private or public property, or interfere with any existing drainage course in a manner which may cause damage to any adjacent property, or result in the depositing of debris on any pyblic way, or create an unreasonable hazard to person or property, or cause or contribute to an exceedance of state water quality objectives, or fait to reduce pollutants from the site to the Maximum Extent Practicable." 15.70.050 Section 3308 of the California Building Code amended —Definitions. The following shall be supplementary to, or modify certain definitions given in the Califomia Building Code in Section 3308. All other definitions listed in the Califomia Building Code shall remain applicable: APPROVAL - The term "approval" does not constitute certification of the project as a whole in terms of completeness, accuracy, design and construction standards, as shown on the plans. 2004 Ordinance 38 Titles 7, 14 and 15 BEST MANAGEMENT PRACTICES - Means schedules of activities, pollution treatment practices or devices, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices or devices to prevent or reduce the discharge of pollutants directly or indirectly to Storm Water, Receiving Waters, or the Storm Water Conveyance System. Best Management Practices also include but are not limited to treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage. Best Management Practices may include any type of pollution prevention and pollution control measure that can help to achieve compliance with this Chapter. BMPs may include any type of pollution prevention and pollution control measure, which the City Engineer finds, is necessary to reduce pollutants entering the Waters of the State to the Maximum Extent Practicable. BUILDING OFFICIAL - Means the City Engineer. CIVIL ENGINEER - Is a professional engineer registered in the state to practice in the field of civil works. He or she is the person directly responsible for the project design, plan certification, and construction supervision. DRAINAGE PLAN - A plan which shows existing and proposed site drainage within a property that is to be developed or rough graded. The drainage plan shall be prepared by a Registered Civil Engineer, an Architect, or other qualified and licensed professionals, and shall comply with the standards and requirements of the City Engineers If, for a given development, no grading is proposed, or the earthwork quantity involved in the grading is below the established limit of this ordinance, and for which a grading plan is not required, then as a minimum, a drainage plan shall be submitted for the development. EROSION CONTROL PLAN - Is a plan prepared under the direction of and signed by a Civil Engineer competent in the preparation of such plans and knowledgeable about current erosion control methods. The plan shall provide for protection of exposed soils, prevention of discharge of sediment, and desiltation of runoff at frequent intervals along flowage areas, at entrances to storm drains, at entrances to streets and driveways, and at the exit of the area being graded. EROSION CONTROL SYSTEM - Means any combinations of desilting facilities, retarding basins, flow decelerates, and/or erosion protection (including effective planning and the maintenance thereof) to protect the project site, adjacent private property, watercourses, public facilities, graded improvements, existing natural facilities, archaeological artifacts, and relieve waters of suspended sediments or debris prior to discharge from the site. GRADE - Means the vertical location of the ground surface, in relation to a National City benchmark elevation. MAXIMUM EXTENT PRACTICABLE OR MEP - Means the standard established by Congress in Clean Water Act section 402(p)(3)(B)(iii) that municipal dischargers of Storm Water must meet. MEP is an acceptability standard for Best Management Practices based on a level of pollutant reduction that can be achieved by the most effective set of BMPs that can be implemented and still remain practicable; MEP generally emphasizes pollution prevention and source control BMPs as the first line of defense in combination with treatment methods as a backup. 2004 Ordinance 39 Titles 7, 14 and 15 PERMITTEE - Means any person, corporation, partnership, limited liability company, non-profit entity, joint venture, association of any type, public entity or any other legal entity which submits an application for a permit pursuant to this Chapter. POLLUTANT - Means any agent that may cause or contribute to the degradation of water quality, including, but not limited to, Earth Materials. RAINY SEASON - Means the period beginning October 1st and ending April 30`h in the next calendar year. The remainder of the year is the Dry Season. RETAINING WALL PLAN - A plan prepared by a registered Civil Engineer, an architect, or other qualified professional, which shows pertinent top and bottom of wall elevations and the wall profile, together with the existing and proposed ground elevations and profile at the wall. The plan shall be prepared in accordance with the requirements set forth by the City Engineer, and shall be subject to approval by the City Engineer. The plan shall be required for walls in excess of 3 feet in height, measured from the top of the footing, to the top of the wall, and for walls Tess than or equal to three feet (3') in height measured from the top of the footing, to the top of the wall, supporting a surcharge or a sloped backfill. The retaining walls shall be in accordance with the Regional Standard Drawings, and the Standard Specifications, or shall be specially engineered. STORM WATER CONVEYANCE SYSTEM - Means private and public drainage facilities within the City of National City by which Storm Water may be conveyed to Waters of the United States, including but not limited to, streets, roads, catch basins, natural and artificial channels, natural and artificial drainage features, aqueducts, canyons, stream beds, gullies, curbs, gutters, .ditches, and storm drains. Historic and current development makes use of na[urai; drainage patterns and features as conveyances for urban runoff. Urban streams used in this manner are part of the Storm Water Conveyance System regardless of whether they are natural, man-made, or partially modified features. WATERS OF THE STATE - Means any water, surface or underground, including saline waters within the boundaries of California. The definition of the "Waters of the State" is broader than that for the "Waters of the United States" in that all water in the State is considered to be a "Waters of the State" regardless of circumstances or condition. Under this definition, a municipal storm sewer system (MS4) is always considered to be a "Waters of the State". [California Water Code Section 13050 (e)]. WATERS OF THE UNITED STATES - Means water subject to the regulatory jurisdiction of the United States under the Federal Clean Water Act and applicable case law. In general, this includes "navigable" waters, waters tributary to "navigable" waters, and adjacent wetlands. [40 Code of Federal Regulations section 122.2.]" 15.70.060 Sections 3309.4 and 3309.8 of the Califomia Building Code amended —Grading and retaining wall`. permit requirements and sections 3309.10 through 3309.21 added. A. The first paragraph of Section 3309.4 of the Califomia Building Code is amended to read: 3309.4. Grading and Retaining Wall Permit Requirements. Engineered Grading Requirements - Application for a grading permit shall be accompanied by a work schedule including details of the hauling 2004 Ordinance 40 Titles 7, 14 and 15 operation, size of trucks, haul route, dust and debris control measures and time and frequency of haul trips; four sets of plans and specifications; and two sets of supporting data consisting of a soils engineering report, engineering geology report (if necessary), drainage study, structural calculations, cost estimate, and other pertinent information as may be required by the City Engineer. (The remaining paragraph(s) are not changed). B. The following subsection (8) is added to Section 3309.4 of the California Building Code, as additional information to be included on the plans: 8. All other relevant information listed in the plan checklists as developed by the City Engineer. C. Section 3309.8 of the California Building Code is amended to read: 3309.8 Regular Grading and Retaining Wall Construction Requirements - Each application for a grading or retaining wall permit shall be accompanied by four sets of plans and specifications, in sufficient clarity to indicate the nature and extent of the work, supporting data consisting of a soils engineering report, engineering geology report (if necessary), drainage study, structural calculations, cost estimate, and other pertinent information as required by the City Engineer. The plans shall give the location of the work, the name of the owner and the name of the person who prepared the plans. The plans shall be prepared and signed by a registered Civil Engineer when required by the City Engineer, and shall include the following information: 1. General vicinity of the proposed site. 2. Limiting dimensions and depth of cut and fill. 3. Location of any buildings or structures where work is to be performed, and the location of any buildings or structures within 15 feet of the proposed grading. 4. All other relevant information listed in the plan checklists as developed by the City Engineer. D. The following subsections 3309.10 through 3309.21 are added to the California Building Code: 3309.10. License and Insurance - Prior to the issuance of a permit, the applicant or the applicant's contractor shall present to the City Engineer evidence of the following: 1. Coverage of general liability insurance and workers compensation in the amounts required by the City Engineer. Such insurance policy shall name the City of National City and its officers, agents and employees as additional insured. IL City Business License, to be obtained from the City Revenue and Recovery Coordinator. 2004 Ordinance 41 Titles 7, 14 and 15 III. Appropriate State Contractor License 3309.11. All grading, drainage, and retaining wall work done under this ordinance shall be in accordance with the approved plans and the conditions of the required permits. The work shall conform to the Standards of the City of National City, the County of San Diego Regional Standard Drawings (latest adopted edition), the Standard Specifications. for Public Works Construction (latest adopted edition), and any other conditions as may be determined by the City Engineer to be applicable to the work. Deviations from the requirements of these standards may be permitted by the City Engineer, based upon written reports and recommendations by qualified authorities. 3309.12 Standard Condition for Water Quality. It shall be a condition of every permit issued under this Chapter that the Permittee shall comply with all the . provisions of the City of National City Watercourse Protection, Storm Water Management and Discharge Control Ordinance in Chapter 14.22 of this Code." 3309.13 Minimum BMPs. The BMPs required by the City of National City Storm Water Best Management Practices Manual adopted in this Municipal Code shall be the minimum BMPs required for issuance of a grading permit and additional BMPs may be required by the City Engineer as a condition of issuance of the grading permit. 3309.14 Grading Plan Requirements. All grading plans, regardless of the date of submittal, shall include an erosion control plan designed to limit erosion of all disturbed portions of the property ancig to eliminate the transport of soil onto adjacent properties or into streets, storm drains, or drainage ways. 3309.15 Erosion Control Required. A. Plans for an erosion control system shall be prepared and submitted for the review and approval of the City Engineer as a part of any application for a grading permit. The erosion control system shall comply with the requirements of the latest National Pollutant Discharge Elimination System permit and Chapter 14.22 of this Code to satisfy the requirements for erosion control and eliminate the discharge of sediment and pollutants. The erosion control plan shall include, but not be limited to, the following information: 1. Name, address, and a twenty -four-hour phone number of the owner or responsible party, and the person or contractor responsible for installing and maintaining the erosion control system and performing emergency erosion control work; 2. The name, address and signature of the Civil Engineer or person who prepared the plan; 2004 Ordinance 42 Titles 7, 14 and 15 3. All desilting basins, debris basins, silt traps, and other desilting, velocity retarding and protection facilities necessary to adequately protect the site and downstream properties from erosion and its effects, preserve natural hydrologic features, and preserve riparian buffers and corridors; 4. The streets, easements, drains, and other improvements; 5. The location and placement of gravel bags, diverters, check dams, slope planting, drains, and other erosion controlling devices and measures; 6. Access routes to all such erosion control facilities and how access shall be maintained during inclement weather. B. Erosion control system standards shall, be as follows: 1. The faces of cut -and -fill slopes and the project site shall be prepared and maintained to control against erosion. Where cut slopes are not subject to erosion due to the erosion -resistant character of the materials, such protection may be omitted upon approval of the City Engineer. 2. Where necessary, temporary and/or permanent erosion control devices such as desilting basins, check dams, cribbing, riprap, or other devices or methods as approved by the City Engineer, shall be employed to control erosion, prevent discharge of sediment, and provide safety. 3. Temporary desilting basins constructed of .compacted earth shall be compacted to a relative compaction of ninety percent of maximum density. A gravel bag or plastic spillway must be installed for overflow, as designed by the engineer of work, to avoid failure of gene earthen dam. A soils engineering report prepared by the Soils Engineer, including the type of field-testing performed, location and results of testing shall be submitted to the City Engineer for approval upon completion of the desilting basins. 4. Desilting facilities shall be provided at drainage outlets from the graded site, and shall be designed to provide a desilting capacity capable of containing the anticipated runoff for a period of time adequate to allow reasonable settlement of suspended particles. 5. Desilting basins shall be constructed around the perimeter of projects, whenever feasible, and shall provide improved maintenance access from paved roads during wet weather. Grading cost estimates must include maintenance and ultimate removal costs for temporary desilting basins. 6. The erosion control provisions shall take into account drainage patterns during the current and future phases of grading. 7. All removable protective devices shown shall be in place at the end of each working day when there is a fifty percent chance of rain within a forty-eight hour period. If the Permittee does not provide the required installation or maintenance of erosion control structures within two hours of notification at the twenty-four hour number on the plans, the 2004 Ordinance 43 Titles 7, 14 and 15 City Engineer may order City crews to do the work or may issue contracts for such work and charge the cost of this work along with reasonable overhead charges to the cash deposits or other instruments implemented for this work without further notification to the owner. No additional work on the project except erosion control work may be performed until the Permittee restores the full amount drawn from the deposit. 8. At any time of year, an inactive site shall be fully protected from erosion and discharges of sediment. Flat areas with Tess than five percent grade shall be fully covered unless sediment control is provided through desiltation basins at all project discharge points. A site is considered inactive if construction activities have ceased for a period of ten or more consecutive days. C. No grafting shall be allowed from October 1st through the following April 30th on any site if the City Engineer determines that erosion, mudflow or sediment of silt discharge may adversely affect water quality, downstream properties, drainage courses, storm drains, streets, easements, or public or private facilities or improvements unless an approved erosion control system has been implemented on the site. If the City determines that it is necessary for the City to cause erosion control measures to be installed or cleanup to be done, the Permittee shall pay all of ;the City's direct and indirect costs including extra inspection, supervision, and reasonable overhead charges. 3309.16 Preservation of Natural Hydrologic Features, Riparian Buffers and Corridors. All natural hydrologic features and riparian buffer zones and corridors must be preserved to eliminate or minimize runoff from construction sites. 3309.17 Phased Grading. Grading shall be phased whenever the City Engineer finds that phasing is feasible and necessary to protect the Waters of the State. Areas that are cleared and graded shall be minimized to only portions of the site that are necessary for construction, and the exposure time of disturbed soil areas shall be minimized. 3309.18 Establishment of Permanent Vegetation. A. General. The face of all cut and fill slopes, in excess of three feet (3') in vertical height, but only final slopes of any borrow pit, shall be planted and maintained with a ground cover or other planting to protect the slopes against erosion and instability. Planting shall commence as soon as slopes are completed on any portion of the site and shall be established upon all slopes prior to the final approval of the grading. In order to minimize the period during which a cut or filled surface remains exposed, such planting shall provide for rapid short-term coverage of the slope as well as long-term permanent coverage. Planting materials and procedures shall conform to regulations adopted by the City Engineer. The City Engineer may approve other plant materials as 2004 Ordinance 44 Titles 7, 14 and 15 specified by a landscape architect. The Permittee shall maintain such planting until it is well established as determined by the City Engineer. B. Minimum Requirements. In addition to planting with ground cover, slopes in excess of fifteen (15) feet in vertical height shall be planted with shrubs in 2-1/4 inch pots or trees having a one (1) gallon minimum size at ten (10) feet on center in both directions on the slope. The City Engineer may vary the plant and planting pattern, but not the quantity, upon the recommendation of landscape architect and approval. C. Where cut slopes are not subject to erosion due to their rocky character or where the slopes are protected with pneumatically applied concrete mortar or otherwise treated to protect against erosion and instability to the satisfaction of the City Engineer, the requirement of this subsection may be waived by the City Engineer. D. The City Engineer may require the applicant to temporarily stabilize and reseed disturbed soil areas to protect the Waters of the State. If grass or ground cover is not established by the beginning of the wet season, temporary erosion control measures such as erosion control mats or blankets shall be installed on the slopes. If grass or ground cover is not established by the beginning of the wet season, temporary erosion control measures such as erosion control mats or blankets shall be installed on the slopes. 3309.19 Irrigation System Requirements. A. General. Except for agricultural grading permits, all slopes to be constructed, but only final slopes of any borrow pit, shall be provided with an irrigation system which shall be used by the Permittee to promote the growth of plants to protect the slopes against erosion. The Permittee shall be responsible for installation and maintenance of the irrigation system until the City Engineer determines that the system has been properly installed and meets the minimum requirements of this section. When the City Engineer finds that a slope Tess than fifteen (15) feet in height is located in an area as to make hand watering possible, conveniently located hose bibs may be accepted in lieu of the required irrigation system when a hose no longer than fifty (50) feet would be required. B. Minimum Requirements: (1) Plans for the irrigation system shall be in accordance with San Diego Regional Standard Specifications for Sprinkler Irrigation Systems and shall be approved by the National City, City Engineer prior to installation. (2) The irrigation system shall be located relative to existing and proposed property lines to insure that the irrigation system and the slopes sprinkled thereby will both be within the same property boundaries. The irrigation system shall be supplied or be readily converted so as to be supplied through the metered water service line serving each individual property. (3) The irrigation system shall provide uniform coverage for the slope area at a rate of not less than 0.03 inches per hour, nor greater than 0.30 inches per hour. A functional test of the irrigation systems shall be performed to the satisfaction of the City 2004 Ordinance 45 Titles 7, 14 and 15 Engineer prior to final approval of the grading. (4) A check valve and balance cock shall be installed in the system where drainage from sprinkler heads will create an erosion problem. (5) Adequate back flow protection devices shall be installed in each irrigation system. Such devices shall be protected against physical damage during construction operations. 3309.20 Waiver of Planting and Irrigation Requirements. The City Engineer may modify or waive the requirements for planting and/or irrigation systems if he/she finds that said requirements would be unreasonable or unnecessary for any of the following reasons: (a) the area is subject to periodic inundation, or (b) water is unavailable to the area such that irrigation would be impractical or impossible, or (c) the area is naturally devoid of vegetation. 3309.21 General Construction Permit Requirements. A. Notice of Intent. Permittees required to comply with the State Construction General Storm Water Permit shall maintain on site and make available for inspection on request by the City any state -issued Waste Discharge Identification Number (WDID) for the site, and a copy of they Notice of Intent (NOI) filed with the State Water Resources Control Board (SWRCB) pursuant to that permit., B. Storm Water Pollution ,-PreVe'ntion Plan. Permittees required to prepare a SWPPP under the State General Construction Storm Water Permit must prepare the Plan, impiement`the Plan and maintain it at the site, readily available for review. Failure to comply with an applicable state -required SWPPP is a violationof this Chapter. { C. Facility Monitoring. 'Peitnittees required to conduct monitoring under the State- Construction General Storm Water Permit must conduct such monitoring in conformance with requirements specified by the State, retain records of suchmonitoring on site, and make such records available for inspection by the City Engineer." 15.70.070 Section 3310 of the California Building Code amended —Grading fees. In lieu of the fee schedule outlined in the Califomia Building Code, the plan review and permit fees shall be assessed in accordance with City Ordinance No. 1929 and the National City Fee Schedule. 15.70.080 Sections 3315.6, 3315.7 and 3315.8 added to the Califomia Building Code —Drainage and terracing. The following Sections 3315.6, 3315.7 and 3315.8 are added to the California Building Code to read: 3315.6 Surface Run-off Interception. Surface run-off from new landscaping areas shall be intercepted by and directed to approved drainage facilities. 2004 Ordinance 46 Titles 7, 14 and 15 3315.7 Easements and Encumbrances. For all private water courses where the continuous functioning of the drainageway is essential to the protection and use of multiple properties, a covenant, a maintenance agreement and/or deed restriction shall be recorded by the applicant, placing the responsibility for the maintenance of the drainageway(s) on the owners of record of each respective lot affected. Permanent off -site drainage easements, as required by the City Engineer, shall be acquired by the applicant. Such easements shall be subject to approval by the City Engineer and recorded prior to issuance of the grading permit. 3315.8 Drainage Agreements. Surface runoff shall not be permitted to flow fjrom one lot to another, unless proper drainage agreements between affected property owners are executed and submitted to the City Engineer. Such agreements shall be subject to approval by the City Engineer, and recorded prior to issuance of the grading permit. 15.70.085 Erosion control. Section 3316 of Appendix Chapter 33, 1998 Califomia Building Code, 1998 Edition, adopted by reference in Section 15.70.010 is amended,to add the following subsections pertaining to erosion control: 3316.3 Erosion Prevention. A. General. Permittee shall implement the following minimum erosion prevention methods to minimize the erosion potential: 1. If feasible, Permittee shall grade only during the dry season, especially in areas at high risk for erosion. 2. Permittee shall minimize the length of time that soils are left exposed to elements of wind and water; 3. If grading must occur during the rainy season, the total area of exposed soil shall be reduced during the rainy season; 4. Critical areas, such as drainage channels, streams, and natural watercourses shall be properly protected; 5. Exposed areas shall be stabilized as quickly as 6. Sufficient waste disposal facilities shall be provided for all proposed activities; 7. Sufficient storage facilities shall be provided for all materials and equipment; 8. Permittee shall ensure that materials used for erosion and sediment control are on site at all times during the rainy season. 9. All slopes shall be protected against erosion and any unstable slopes shall be stabilized. 10. Erosion prevention shall be considered the most important erosion control measure with sediment controls as a backup. B. Dry Season (May 1 through September 30). feasible; 2004 Ordinance 47 Titles 7, 14 and 15 1. All exposed disturbed areas must have erosion prevention controls properly installed including building pads, unfinished roads and slopes. Slopes greater than 33.3% or 1:3 (vertical vs. horizontal) may use properly designed and installed de -silting basins at all discharge points in lieu of this requirement. 2. Adequate perimeter protection BMPs must be installed and maintained. 3. Adequate sediment control BMPs must be installed and maintained. 4. Adequate BMPs designed to control off -site sediment tracking must be installed and maintained. 5. At a minimum, 125% of the materials needed to install standby BMPs necessary to completely protect exposed portions of the site from erosion and prevent sediment discharges must be stored on the site. 6. An approved "weather triggered" response plan is mandated for implementation in the event that a predicted storm event has a 50% chance of rain. The proponent must have the capacity to deploy the standby BMPs within 48 hours of the predicted storm event. 7. All slopes must be equipped with erosion prevention BMPs as soon as slopes are completed for any portion of the site. 8. Cleared or graded areas left exposed at any given time are limited to the amount of acreage that the project proponent can adequately protect prior to a predicted storm event. C. Wet Season (October 1 through April 30). In addition to the Dry Season Requirements: 1. Perimeter protection and sediment control BMPs must be upgraded if necessary to provide sufficient protection for storms. 2. Adequate erosion prevention BMPs must be installed and established for all completed slopes prior to October 1 and maintained throughout the wet season. If a BMP fails, it must be repaired, improved, or replaced with an acceptable altemate as soon as it is safe to do so. 3. The amount of exposed soil allowed at one time shall not exceed standby erosion and sediment control BMP capacity. 4. An incomplete disturbed area that,is not being actively graded must be fully protected from erosion if left for 10 days or more. 3316.4 BMP Maintenance. All BMPs for erosion prevention and sediment control shall be functional at all times. Prior to the rainy season and after each major storm, all source control and structural treatment BMPs shall be inspected by the Permittee to assure the functionality and effectiveness. Proper BMP maintenance shall be conducted throughout the life of the project." 2004 Ordinance 48 Titles 7, 14 and 15 15.70.090 Section 3317.9 added to the California Building Code --Grading inspection/retaining wall inspection. In addition to the conditions listed in Section 3317 of the Califomia Building Code, the following is added as Section 3317.9 to the Califomia Building Code to read: 3317.9 The Permittee or his agent shall notify the City Engineer: (A) Initial inspection (preconstruction conference) - when he is ready to begin grading and not less than forty-eight (48) hours before any grading is to be commenced. The preconstruction meeting shall be attended by the owner of the property, the soils engineer and the engineering geologist (when necessary) the design engineer, the grading contractor, and the building and engineer inspectors. (B) Toe of `fill inspection - After the natural ground is exposed and prepared to receive fill, but before any fill is placed. (C) Excavation Inspection - After excavation and placement is started, but before the vertical depth of the excavation exceeds 10 feet. (D) Fill Inspection - After fill and placement is started, but before the vertical height of the lifts exceeds 10 feet. (E) Drainage Device Inspection - Before and after forms and reinforcement are in place, but before any concrete is placed (F) Rough Grading - Upon completion of all rough grading, including installation of all drainage structures and other protective devices, at least twenty-four hours before inspection is to be made. (G) Final Inspection - Upon completion and approval by the project Civil Engineer and Soils Engineer of all work shown on the plans and the permit including the installation of all drainage or other structures In addition to the above, inspections for retaining walls shall be per the San Diego County Regional Standard Drawings or special Engineering. (H) Modification of approved plans - if changes are to be made in the approved plans during construction, the applicant, or his agent, shall submit an engineering change order to the inspector or to the City Engineer, for review and approval. 15.70.100 Section 3318.2 of Califomia Building Code amended —Completion of work. Subsection 3318.2 of the Califomia Building Code is amended to read: 3318.2. Completion of Work. Final approval shall not be given, grading securities shall not be released, and a notice of completion or certificate of use and occupancy shall not be issued, until all work, including installation of all drainage facilities and their protective devices, and all erosion -control measures have been completed in accordance with the final approved grading plan, and the required reports and the as -built plans have been submitted. 2004 Ordinance 49 Titles 7, 14 and 15 15.70.110 Supplementary Section 3319 added to the California Building Code --Rough grading permit. Supplementary Section 3319 is added to the California Building Code, to read: 3319. Rough Grading Permit. When grading is to be performed on a property for which no prior site development plans have been approved, and on which no other construction is proposed, the applicant shall obtain special approval of the City Engineer, as well as the Director of the Planning Department for such grading. The rough -grading permit thus issued shall be subject to the special requirements of both the City Engineer and the Planning Director. 15.70.120 Supplementary Section 3320 added to the California Building Code —Parking lots. Supplementary Section 3320 is added to the Califomia Building Code, to read: 3320. Parking Lots. Existing or new parking lots, which are exempted from the requirements of a grading permit, shall be paved or resurfaced in accordance with an approved drainage plan. 15.70.130 Violation a misdemeanor. Section 3307 of the California Building Code is amended. r Section 3307 of Appendix Chapter 33, 1998 Califomia Building Code, 1998 Edition, adopted by reference in Section 15.70.010 is amended to add the following paragraph: Any person who commences or does any grading in violation of ttis Chapter is guilty of a misdemeanor. Every day that a violation of this Chapter is committed, continued or permitted to exist is a separate violation, punishable as provided in this Code." Section 5. This ordinance shall be effective 30 days after its adoption. The City Clerk shall certify to the adoption of this Ordinance and cause the same to be published in the local newspaper in accordance with law. PASSED and ADOPTED this day of 2004. ATTEST: Michael R. Dalla, City Clerk Nick Inzunza, Mayor APPROVED AS TO FORM: /i 44._ George H. iser, III, City Attorney 2004 Ordinance 50 Titles 7, 14 and 15 City of National City, California COUNCIL AGENDA STATEMENT August 3, 2004 MEETING DATE AGENDA ITEM NO. 21 / ITEM TITLE Resolution Authorizing the Mayor to Execute an Agreement with Alpha Project to Provide Services That Address the Homeless Issue and Achieve Community Revitalization Through Outreach to Homeless Persons, Referral for Assistance with Housing and Employment, and Cleanup of Trash and Debris Resulting from Homeless Camps, at a Flat Rate of $45,404.35 for One (1) Year. PREPARED BY DEPARTMENT Lori Brown Public Works/Engineering EXPLANATION 336-4582 On June 1, 2004, Council approved the Alpha Project program in concept, and directed staff to return with a detailed proposal and contract. The proposal and contract are attached, along with the resolution authorizing the Mayor to sign the agreement. $50,000 was budgeted in Trash Rate Stabilization — Refuse — Contract Services. This supports the cost of the one -day per week program Alpha Project quoted at $45,404.35. CEnvironmental Review Financial Statement N/A Approved By: '- Finance Director /_ _ $50,000 funding for this program was budgeted in Refuse Account #172-422-225-299 fr, ' Account No. STAFF RECOMMENDATION Adopt Resolution '144( BOARD / COMMIS ION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution Agreement Detailed Proposal and Scope of Work Resolution No. A-200 (9/99) RESOLUTION NO. 2004 — 147 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH ALPHA PROJECT TQ PROVIDE SERVICES THAT ADDRESS THE HOMELESS ISSUE AND ACHIEVE COMMUNITY REVITALIZATION THROUGH OUTREACH TO HOMELESS PERSONS, REFERRAL FOR ASSISTANCE WITH HOUSING AND EMPLOYMENT, AND CLEANUP OF TRASH AND DEBRIS RESULTING FROM HOMELESS CAMPS, AT A FLAT RATE OF $45,404 FOR ONE (1) YEAR WHEREAS, the City desires to employ a contractor to provide assistance to the homeless in National City; and WHEREAS, the City has determined that Alpha Project is a non-profit organization established for this purpose and is qualified by experience and ability to perform the services desired by the City, and Alpha Project is willing to perform such services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute on behalf of the City an agreement with Alpha Project to provide assistance to the homeless in National City. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 3`d day of August, 2004. Nick Inzunza, 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 Alpha Project THIS AGREEMENT is entered into this 3rd day of August 2004, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Alpha Project (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide assistance to the homeless in National City. WHEREAS, the CITY has determined that the CONTRACTOR is a non profit organization established for this purpose, 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 advance by the CITY. The CONTRACTOR shall appear at meetings cited in Exhibit A to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the 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 Revised August 2003 corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 15% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Lori Brown 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. Karen Pucci thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. 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. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit A as determined by the CITY. The 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. 1 5. LENGTH OF AGREEMENT. Completion dates or time 'durations for specific portions of the Project are set forth in Exhibit A . 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications 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 thereof, 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, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The 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 2 Revised August 2003 expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings or specifications prepared by the 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 forany 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's employees 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 manner agents, servants or 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 the performance of the services to be provided herein, shall comply with all applicable State and Federal statutes and regulations, and all applicable ordinances, rules and regulations of the City of National City, whether now in force or subsequently enacted. The 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 pursuant to this Agreement. 3 Revised August 2003 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 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 govemmental agency or involved in debarment, arbitration or litigation proceedings conceming the CONTRACTOR's professional performance or the fumishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when no time is specked, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 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 not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The 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. 4 Revised August 2003 . 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 circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONTRACTOR, hereafter disclosed in publicly available sources of information; (ili) 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 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 defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, Toss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONTRACTOR's negligent performance of this Agreement. 15. WORKERS' COMPENSATION. The CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of Califomia, the applicable provisions of Division 4 and 5 of the Califomia Govemment Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attomey's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the 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 Revised August 2003 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 CONSULTANT's employees. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. Said policies, except for the professional liability and 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 Agree- ment. H. Any aggregate insurance limits must apply solely to this Agreement. I. Insurance shall be written with only Califomia admitted cxtmpanies 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 attomey's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. 6 Revised August 2003 Attomey's fees to the prevailing party if other than the CITY shall, 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 attomey'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, Califomia, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be bome 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 terminated with 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, Maps, Drawings, Plans, Specifications 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, 7 Revised August 2003 postage prepaid, retum receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY: Chris Zapata City Manager City of National City 1243 National City Boulevard National City, CA 91950-4301 To the CONTRACTOR: Bob McElroy President and CEO Alpha Project 3737 Fifth Avenue, Suite 203 San Diego, CA 92103 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, treatment, 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. 8 Revised August 2003 ❑ 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. 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 govemed by and construed in accordance with the laws of the State of Califomia. I: Entire Agreement. This Agreement supersedes any prior agree- ments, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the 9 Revised August 2003 drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY (Two signatures - • : d fora corporation) By: By: Nick Inzunza, Mayor APPROVED AS TO FORM: McElroy President and CEO George H. Eiser, III �amdf City Attorney uieF- O e iuzOct?. (Title) 10 Revised August 2003 EXHIBIT "A" Alpha Project Proposal Presented to City of National City For Mitigation of Homeless Impacts Clean -Up and Referral Services 1. PROJECT OFFICE AND CONTACT Contractor shall maintain an office located at 3737 Fifth Ave., Suite 203 in San Diego. Office hours shall be Monday through Friday from 8:00 AM to 5:00 PM. Authorizing official is Bob McElroy, President and CEQ, and can be reached at (619) 542-1877. 2. PROJECT GOALS The program will provide employment opportunities to homeless men and women and those at risk of becoming homeless. The program will develop marketable work skills and positive work habits for program participants while providing weed and brush abatement services for the City of National City. 3. DRUG AND ALCOHOL -FREE FACILITY Contractor shall maintain a drug and alcohol -free facility, and shall not condone the use, possession, or distribution of drugs or alcohol. All participants will be randomly tested for drug and alcohol use during their participation in the program. 4. SCOPE OF WORK Alpha Project has experienced personnel who have successfully and competently provided weed and brush abatement services in Alpha Project's work programs. Depending on the scope of the contract, Alpha Project can provide all materials, transportation, insurance, and equipment needed to perform the scope of work. For fire safety projects, weeds will be cut to a height of no more than two (2) inches. Weed cutting, trash and debris (except concrete and brick) will be removed and hauled to a legal dumping facility, or provided bins. Adjacent properties will be free of like debris. Specifics of services will be outlined and provided as directed by City of National City. 5. FIRM'S EXPERIENCE Since 1986, Alpha Project has provided maintenance, trash disposal, weed and brush abatement, graffiti removal, and home rehabilitation throughout the County of San Diego. Every council district in the City of San Diego allocates funds to Alpha Project to provide directed assistance to low-income neighborhoods and households. Additionally, several other departments in the City of San Diego also contract services with Alpha Project to provide weed and brush abatement and general maintenance services on a regional basis. Alpha Project also provides maintenance services for special events that occur throughout the city. Since the devastating firestorms that claimed thousands of homes in San Diego this past October, Alpha Project has been involved in providing recovery assistance to low-income, uninsured and under -insured homeowners. Our crews are deployed in the hardest -hit communities of Harbison Canyon, Crest, Julian, Tierrasanta, Scripps Ranch, and throughout the North and East County working to provide assistance with demolition and clearance. As those neighborhoods begin to rebuild, Alpha Project will remain closely partnered with those in need, providing material assistance, donations of gifts in -kind, and low-cost support through our Construction Department. Our clients include: i City of San Diego Fire and Life Safety Services, Gary Tillinghast (619) 533-4461 X City of San Diego Environmental Services Bob Tillaro / Joan Tunbridge (858)492-6012 / (858) 492-6012 X City of San Diego Mt. Hope Cemetery Rob Snyder / Paulette Crawford (619) 527-3400 / (619) 527-3401 Hillcrest Association Warren Simon (619)299-3330 City of San Diego Open Space Division / Parks Planning Josh Woods . (619) 525-8607 lY City of San Diego — Every Council District Scott Peters — (619) 236-6611, Michael Zucchet — (619) 236-6622, Toni Atkins — (619) 236- 6633, Charles Lewis — (619) 236-6644, Brian Maienschein — (619) 236-8855, Donna Frye — (619) 236-6636, Jim Madaffer — (619) 236-6677, Ralph Inzunza — (619) 236-6688 6. FEES FOR SERVICE Alpha Project will provide a crew of 3 workers and 1 supervisor, one day per week, at a flat rate of $45,404.35 for one (1) year. Dumpsters will be provided to Alpha Project by City of National City at no cost or at a reduced rate. Alpha Project provides services that achieve community revitalization and mitigation of homeless impacts, through outreach to homeless persons, referral for assistance with housing and employment, and cleanup of trash and debris resulting from homeless camps." 7. REQUESTING SERVICE / SCHEDULING WORK Work requests will be provided by the City of National City via email or fax to Attn: Karen Pucci, Karen(c�alphaproject.org or fax: (619)-546-1699. Alpha Project will schedule the work to be done on Monday, or Friday for special events. However, the day of the week may be adjusted as needed. If any questions should arise please contact Karen Pucci, Community Projects Manager at 619-247-9777. 8. MONITORING WORK PERFORMED Alpha Project currently uses a worksheet designed for logging work completed that includes the date, time, location and type of work performed. Areas that routinely need attention will be patrolled regularly between scheduled work requests. City of National City COUNCIL AGENDA STATEMENT MEETING DATE: August 3, 2004 AGENDA ITEM NO. *REFER TO ITEM #16 22 ITEM TITLE: RESOLUTION 2004- : STATING ITS INTENTION TO ESTABLISH THE DOWNTOWN NATIONAL CITY MANAGEMENT DISTRICT AND TO LEVY AND COLLECT ASSESSMENTS WITHIN SUCH DISTRICT PURSUANT TO THE PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994, PART 7 OF DIVISION 18 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE AND APPOINTING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO PREPARED BY: Benjamin Martinez, DEPARTMENT Community Development Commission Executive Director EXPLANATION: On June 15, 2004 the City Council approved Resolution No. 2004-98 establishing the Downtown National City Property Business Improvement District and the acceptance of the Engineer's Re- port. The City Clerk mailed out ballots in July 2004 under the provisions of Article XIII(d) of the State Con- stitution and thereby commenced the assessment ballot proceeding. The City Council conducted a Public Hearing upon the proposed assessments as explained in the attached En- gineer's report. At the Public Hearing, the City Council considered all objections or protests to the proposed assessment. At the conclusion of the Public Hearing conducted pursuant to State law, the City Council tabulated the as- sessment ballots submitted, and not withdrawn, in support of the proposed assessment. Environmental Review X NIA Financial Statement There will be no fiscal impact as a result of this action. STAFF RECOMMENDATION The City Council is advised to adopt resolution establishing the Downtown Na- tional City Property Business Improvement District if a majority protest, as defined above, does not exist based upon the returned weighted ballots in the assessment ballot proceeding. BOARD/COMMISSION RECOMMENDATION None ATTACHMENTS (Listed Below) Resolution No. 2004- 1. Downtown National City Management District Plan 2. District Engineer's Report RESOLUTION NO. 2004 — 148 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY STATING ITS INTENTION TO ESTABLISH THE DOWNTOWN NATIONAL CITY MANAGEMENT DISTRICT AND TO LEVY AND COLLECT ASSESSMENTS WITHIN SUCH DISTRICT PURSUANT TO THE PROPERTY AND BUSINESS IMPROVEMENT DISTRICT LAW OF 1994, PART 7 OF DIVISION 18 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE AND APPOINTING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO WHEREAS, pursuant to the Property and Business Improvement District Law of 1994, Part 7 of Division 18 of the Califomia Streets and Highways Code, commencing with Section 36600 (the "Law"), the City Council adopted Resolution No.2004-98, dated June 15, 2004, entitled "A Resolution of the National City City Council Stating its Intention to Establish the Downtown Business Improvement District and to Levy and Collect Assessments" and set a time and place for hearing objections thereto. Such resolution, among other things, adopted the Management District Plan on file in the office of the City Clerk; and WHEREAS, the City Council caused notice of a public hearing conceming the proposed establishment of the Downtown Business Improvement District and the proposed levy of assessments to be duly mailed, as required by law, to the record owner of each parcel proposed to be assessed within the District; and WHEREAS, a public hearing conceming the proposed establishment of the Downtown Business Improvement District for a five (5) year period and the proposed levy of assessments was held on June 15, 2004 at the hour of 3:00 p.m. located at National City Califomia; and WHEREAS, at the public hearing, staff presented to the City Council the Management District Plan along with modifications, if any. Such modifications do not substantially change the proposed assessments, and do not revise, change or modify the boundaries of the proposed District, the type or types of improvements or activities to be funded with the revenues from the assessments, or the proposed assessment rates. The City Council hereby orders such modifications, if any, to the Management District Plan as presented to the City Council and now on file in the office of the City Clerk; and WHEREAS, at the public hearing, the testimony of all interested persons for or against the establishment of the Downtown Tahoe Business Improvement District, the levy of assessments within such District, and the type or types of improvements and activities to be funded with the revenues from the assessments was heard and considered, and a full, fair and complete hearing was held; and Resolution No. 2004 —148 August 3, 2004 Page Two WHEREAS, the City Council heard and considered all objections or protests to the proposed assessments and tabulated the assessment ballots submitted, and not withdrawn, in support of or opposition to the proposed assessments. The City Council hereby finds that a majority protest does not exist as defined in Section 4(e) of Article XIIID of the California Constitution and Section 53753 of the Califomia Government Code. All objections or protests, both written and oral, are hereby duly overruled; and WHEREAS, the public interest, convenience and necessity require the proposed establishment of the Downtown Business Improvement District; and WHEREAS, in the opinion of the City Council, the property within the Downtown Business Improvement District will be benefited by the improvements and activities to be funded by the assessments, and no assessment has been imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel. NOW THEREFORE, the National City City Council hereby resolves the following: Section 1. Establishment of District. Pursuant to the Law, the Downtown Property and Business Improvement District (the "District") is hereby established. Section 2. Description of District. The boundaries of the proposed District are described in the Downtown National City Property Business Improvement District Management Plan. Section 3. Amount of Assessment. (a) Except where funds are otherwise available, an assessment will be levied annually to pay for all the improvements and activities to be provided within the District, commencing with fiscal year 2004-05 and ending with fiscal year 2009-10. For purposes of levying and collecting assessments within the District, a fiscal year shall commence each July 1st and end on the following June 30th. (b) The total amount of the proposed assessment to be levied and collected for fiscal year 2004-05 shall be $240,772.01. The amount of the assessment may increase in subsequent fiscal years as a result of increases in the assessment rates in accordance with increases in the Consumer Price Index for the National City area, which increases shall not exceed five (5) percent per year, or as a result of events other than an increased rate or revised methodology, such as a change in parcel street frontage. Resolution No. 2004 — 148 August 3, 2004 Page Three (c) The method and basis of levying the assessment is set forth in the Management District Plan on file in the office of the City Clerk. Section 4. Fund. There is created a special fund designated as "The Downtown Property and Business Improvement District Fund" into which all revenue derived from assessments levied pursuant to this Resolution shall be placed, and such funds shall be used only for the purposes specified in this Resolution. This fund may be subject to an annual independent audit of financial statements. Section 5. Use of Revenues. The proposed activities for the District include streetscape, sidewalk, parkway and street fumiture maintenance, repair and replacement including but not limited to trees, sidewalk pavement, sidewalk bollards, street furniture, trash receptacles and street lights as well as periodic landscape maintenance and steam cleaning services which benefit businesses and real property located in the District. Section 6. Contract Services. The City may contract with a separate private agency to administer the activities described in Section 5 above. Any agency that holds funds in trust for purposes related to the contract may be required to, at no expense to the City, provide an annual independent report of audited financial statements by a certified public accountant of these funds. The report may be funded from assessment proceeds as part of the general administration of the District. At all times the City shall reserve full rights of accounting of this fund. Section 7. Amendments. Properties within the District established by this Resolution shall be subject to any amendments to the Law. Section 8. Recordation of Notice and Diagram. The City Clerk or a designee is hereby authorized and directed to record a notice and an assessment diagram pursuant to Section 36627 of the California Streets and Highways Code following adoption of this Resolution. Section 9. Levy of Assessment. The adoption of this Resolution and recordation of the notice and assessment diagram pursuant to Section 36627 of the California Streets and Highways Code constitutes the levy of an assessment in each of the fiscal years referred to in the Management District Plan. Each year, the County Auditor of the same shall enter on the County Assessment Roll opposite each lot or parcel of land the amount of the assessment and such assessment shall then be collected at the same time and in the same manner as the City taxes are collected. Resolution No. 2004 — 148 August 3, 2004 Page Four Section 10. Baseline Services. To ensure that assessment revenues from the District are used to enhance the current level of services provided by the City within the District, the City Council hereby establishes the baseline levels of service, if any, set forth in the Management District Plan throughout the duration of the District; provided, however, that in the event of a significant downturn in countywide revenues, the City Council may reduce the level of public services countywide, including within the District. PASSED and ADOPTED this 3rd day of August, 2004. Nick Inzunza, Mayor ATTEST: Michael Dalia, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney RECEIVED Community D ve1op DOWNTOWN NATIONAL CITY PROPERTY BUSINESS IMPROVEMENT DISTRICT MANAGEMENT DISTRICT PLAN Formed Under California Streets and Highway Code Section 36600 Property Business Improvement District Act of 1994 FINAL PLAN SUBMITTED TO: THE DOWNTOWN NATIONAL CITY P.B.I.D. STEERING COMMITTEE THE CITY OF NATIONAL CITY COMMUNITY DEVELOPMENT COMMISSION EXECUTIVE DIRECTOR BEN MARTINEZ MAYOR NICK INZUNZA AND CITY COUNCIL MEMBERS LUIS NATIVIDAD, RON MORRISON, FRANCISCO PARRA AND FIDELAS UNGAB PRESENTED BY: MARCO LI MANDRI, NEW CITY AMERICA INC. APPROVED APRIL 30, 2004 UPDATED MAY 24, 2004 Attachment No. 1 DOWNTOWN NATIONAL CITY PROPERTY BUSINESS IMPROVEMENT DISTRICT MANAGEMENT DISTRICT PLAN FINAL PLAN - MAY 24, 2004 TABLE OF CONTENTS I. INTRODUCTION, EXECUTIVE SUMMARY II. ADDRESS SERIES, GENERAL STREET BOUNDARIES III. WORK PLAN AND BUDGET IV. ASSESSMENT METHODOLOGY TO FUND THE SPECIAL BENEFITS V. RELEVANT ENABLING LEGISLATION, AB 1021 VI. ENGINEER'S REPORT AND RELATIONSHIP BETWEEN ASSESSMENTS PAID AND SPECIAL SERVICES RECEIVED VII.. DISTRICT GOVERNANCE APPENDIX A. MAP OF THE DISTRICT B. FIVE YEAR PROJECTION OF ASSESSMENTS C. LIST OF PARCELS INCLUDED IN DISTRICT D. CERTIFIED ENGINEER'S REPORT 2 PART I EXECUTIVE SUMMARY DOWNTOWN NATIONAL CITY MANAGEMENT DISTRICT PLAN Statement of Purpose Over the past two years, the people of San Diego County have begun to see National City in a whole new light. Long identified with the extremely successful National City Mile of Cars, the City now has the distinct identity of a municipal corporation aggressively moving forward on a number of fronts. Whether it be the visionary Marina project, the development of Filipino Village, the beautification of Highland Avenue or the creation of the Education Village in Downtown National City, more things are happening in this City than almost anywhere else in the County. Under the leadership of the Mayor and City Council, as well as the staff of the Community Development Commission, National City is in a race to re -position itself as a great City with bustling commerce, historic significance, a great urban forestry plan, strengthening of ethnic neighborhoods and experimenting with what makes Downtowns work in the 21' Century. Led by a group of significant, small and long-time business and property owners, this effort to establish a Property Business Improvement District was initiated in March 2004. With great speed and tremendous commitment, it is the intent of this district to be established and generate its first revenues by the conclusion of calendar year 2004. Such an undertaking is unprecedented but reflects the seriousness of the effort of the Downtown stakeholders to redefine themselves to the surrounding region. With the growing state budget crisis in California and its resulting impact on the cities, it is safe to assume that current National City general benefit services delivered in the Downtown business district will not increase in the future. To make the Downtown district and community better, commercial and institutional property owners must look at new ways of funding special benefit services to clean up the district as well as promote the area. Such special benefit services could include bringing a new identity to the Downtown business district, funding new gateway signs to the district, regular sidewalk sweeping, sidewalk steam cleaning, removal of bulky items, trash receptacle emptying, providing private security services above and beyond that of the National City Police Department, aiding in the coordination of homeless intervention services, proposing solutions to parking problems, initiating beautification programs, tree planting and maintenance, coming up with new marketing and promotions programs, defining greater visual linkages to the 8th Street Trolley stop as well as serving as an advocacy group of business and property owners. This proposed Downtown National City PBID or special benefits district would be funded through an assessment levied on each and every parcel in the finalized and approved boundaries in Downtown. Affected property owners have determined the exact costs of funding these special benefit services. All properties, public and private, would be included in this new assessment district. 3 In early April, a survey was mailed to every property owner within the initial study area. The area included all parcels on National City Blvd. between 2"d Street on the north, 12`" Street on the south, and along 8th Street from the Trolley Stop on the west to E Avenue on the east. There are 153 parcels in the proposed district, represented by 96 property owners. The district is approximately 34 square blocks. The database compiled by New City America, Inc. reveals the following data that would create the material basis for the apportionment of assessments throughout the district: • 1,465,301 square feet in total lot size; • 448,344 square feet in total building size; • 21,744 linear feet in total frontage The survey results were quite stunning. The results of the survey were as follows: NUMBER OF RESPONSES: Respondents represented the following property variables: Lot size: Building size Linear Frontage 522,523 square feet or 35% of the total 240,713 square feet or 54% of the total 8,248 linear feet or 37% of the total Of those who responded to the survey, the following respondents, (by weight) demonstrated their support for creation of the PBID: Responses from Property Owners Who Returned PBID Survey Response Lot Size Building Size Linear Frontage Support Formation 76% 88% 77% Oppose Formation 24% 12% 23% Of those who responded, the following represent support of specific special benefits funded by the PBID: ➢ 61% had owned their property for 9 years or less; > 73% were sole proprietorship or family owned properties > 52% believed that National City had been portrayed negatively by the major media in the last few years; ➢ 84% believed that Downtown was unsafe or "safe, however suffers an image as an unsafe district;" > 54% would support property owners funded special benefit security services; ➢ 54% feel their customers would not feel safe walking from the corner of 8th and National City Blvd. and the Trolley Stop; ➢ 64% would support initiation of property owner funded regular sidewalk/gutter sweeping and steam cleaning services; 4 ➢ 70% support property owner funded special events to improve the identity of Downtown; Based upon this level of support, the Downtown National City PBID Steering Committee is presenting the following to all Downtown Property Owners for their consideration: PROPERTY VARIABLES TO BE ASSESSED: Three property variables will be used to fund the special benefit services of the district. Those variables will include: lot or parcel size, building square footage, and linear frontage. Each of these variables can be verified by County records. By law, the district can only fund special benefits, not general benefit services. Building square footage will be further categorized by "use", (retail, hotel, church, public building, office, etc). Use determines needs and therefore special benefit to be received. SERVICES TO BE FUNDED: The primary special benefits to be funded by the creation of the district will be related to maintaining order and cleanliness in the public rights of way. In addition, beautification of the Downtown will be paramount as well as creating concrete visual linkages between the Trolley stop west of the freeway and the heart of the business district at 8th and National City Boulevard. After order and beautification, district identity and promotional programs will be funded. Finally, a component for administration/corporate affairs and contingency/reserve will be included in the budget. Consistent with state legislation, the district shall remain in place for five years with provisions for annual CPI adjustments as well as annual disestablishments procedures. BENEFIT ZONES: There will be two benefit zones in the proposed district. Benefit Zones are determined by the level and frequency of services to one sector of the district, vs. another. For example, the core area parcels along National City Boulevard between 2"d and 12`h, as well as 8`11 Street from the freeway bridge to A Avenue, will constitute Benefit Zone 1. All other parcels in the district will fall into Benefit Zone 2. ANNUAL BUDGET: The annual first year budget is anticipated to be $240,722.01. Benefit Zone 1 parcels will pay a premium due to increased services and increased benefits anticipated to be derived from the formation of the district. Building use will determine the annual building square footage costs, by Benefit Zone. The proposed building uses have been categorized as follows. Each parcel has been analyzed to determine proper category of use and therefore benefit: (Internal parking built into structure will be credited to overall building size). 5 APPORTIONMENT OF BUILDING USES: Building Use Code Description of Use A Retail space, hotels, motels, visitor related B Office and Commercial uses, Independent, free standing parking structures C Industrial/Manufacturing/Distribution D Institutional (School, public, park Church, Tax-exempt properties E Multi -unit housing, apartments (20 units or more) F Multi -unit housing, apartments (9 — 19 units) G Multi -unit housing, apartments (2 — 8 units) H Single Family housing units (not to exceed $240 per year) I Condo units - $ 240.00 flat fee per year Approximately $146,095.30 (61 %) of the assessments will be generated from parcels within Benefit Zone 1. The balance, $94,626.71 (39%) will be generated from Benefit Zone 2 parcels. COST: Downtown National City PBID First Year Costs by Property Variable PROPERTY VARIABLE ANNUAL COST BENEFIT ZONE 1 ANNUAL COST BENEFIT ZONE 2 TOTAL GENERATED BY VARIABLE Lot Square Footage $ 0.0841 per square foot per year $0.0757 per square foot per year $118,053.09 (49%) , Building Square Footage (range) $ 0.1485-$0.1886 per square foot per year $0.1485-$0.1697 per square foot per year $80,075.68 (33%)) Linear Frontage $1.8264 per linear foot per year $1.8264 per linear foot per year $39,713.24 (17%) Single Family Home and Condo Annual Fee $ 240.00 $240.00 $2,880.00 (1%) Total Annual Budget $240,722.01 ANNUAL ADJUSTMENTS: The Board of Directors of the Management Corporation will be given the option to increase the assessments annually based upon the San Diego County regional CPI indicator or by an amount not to exceed 5% from the previous year's assessments. The Management Corporation shall have the right to shift allocations within the four categories as they feel appropriate and as long as it remains consistent with the intent of the plan. The Board shall also have the right to shift up to 10% per year from category to category, each year, as needs change with the priorities of special benefits. 6 PART II ADDRESS SERIES, GENERAL STREET BOUNDARIES LOCATION: In general, the Downtown National City PBID includes all private and public parcels within the following boundaries: Street Address Series Street Name 704-724 A Avenue 827 B Avenue 811 — 817 C Avenue 831 — 835 D Avenue 41-43 E.12thSt. 14 — 35 E. 3" St. 10 E. 5th St. 22-404 E. 8th St. 419 E. 9th St. 810 — 925 Hoover Avenue 205 — 1146 National City Blvd. 225 — 1133 Roosevelt Avenue 25 — 38 W. 11th St. 21 W. 12th St. 30 W. 2nd Avenue x 21 — 27 W. 3" Avenue 21 W. 7th St. 110 — 200 W. 8th St. 111- 225 W. 9th St. 32 —121 W. Plaza Blvd. 7 PART III WORK PLAN AND BUDGET SERVICES: Special benefit services to be financed by the Downtown National City Boulevard Property Business Improvement District will primarily include funding the following types of services. Based upon the survey results of the property owners, and estimated costs and services, the preliminary special benefits funded by the Downtown National City Property Business Improvement District are as follows: Proposed Downtown National City PBID: 1. Public Rights of Way and Sidewalk Operations (PROWSO) • Sidewalk sweeping; • Beautification; ■ Decorations and banners; • Enhanced trash receptacle placement and regular emptying; ■ Removal of bulky items; ■ Tree and shrub planting and maintenance • Work with City on hazardous issues; • Maintenance of public order in the sidewalks; • Homeless intervention; • Equipment, supplies, tools; • Misc. 2. District Identity and Streetscape Improvement (DISI) (Predominantly in Benefit Zone 1) ■ Special events (1 per year); • Web site; • Pedestrian kiosks/signage ■ Underwriting advertising coop for hotel and retail 3. Administration and Corporate Operations: • Staffing; • Insurance; ■ Office related expenses; ■ Misc. 4. Contingency/Reserve: ■ Delinquencies; ■ City costs; • County costs; ■ Hardship; ■ Reserves; 8 Consistent with state law, any property assessment district must confer a special benefit to real property owners paying into the assessment district. At times, specific parcels will derive greater benefit, due to their proximity to a `core" area. These core and peripheral parcels, will from time to time, be designated through "benefit zones." The Downtown National City PBID anticipates two benefit zones, each receiving varying degrees of special benefits funded from the assessment district. The two benefit zones are proposed as follows: Benefit Zones: The Downtown National City PBID Benefit Zones are created based upon the frequency and type of special benefit services that might be desired. For example, the core area near National City Boulevard and 8`h Street may need special benefit services six days per week, have large special events and be the focus of many promotional activities. These property owners would pay for those specific special benefit services based upon the anticipated benefit to be received. Benefit Zone Zone 1 (core area) Zone 2 (peripheral area) Boundaries National City Boulevard from 2nd to 12`h Street 8'h Street from the freeway bridge to A Avenue All other streets in the district not included in Benefit Zone 1 TABLE 1 — FREQUENCY OF SPECIAL BENEFIT SERVICES BY BENEFIT ZONES Special Benefit Service Benefit Zone 1 Frequency Benefit Zone 2 Frequency Public rights of way and sidewalk operations (PROWSO) 6 days per week 4 days per week District Identity and Streetscape Improvements (DISI) ■ Special Events • Holiday Decorations Through programs Once per year Seasonally Through programs None None Administration/Corporate Operations Monday — Friday Monday — Friday PART IV ASSESSMENT METHODOLOGY TO FUND SPECIAL BENEFITS BUDGET: The first year annual budget is projected to be $240,722.01. Annual adjustments of up to a maximum of 5% over the previous year's gross assessment amount are allowable, subject to the approval of the Downtown National City Property Business Improvement District Management Corporation. TABLE 2 — SPECIAL BENEFIT SERVICES BROKEN DOWN BY ESTIMATED COSTS PER BENEFIT ZONE PROWSO Personnel Estimated Costs Service Benefit Zone 1 Benefit Zone 2 PROWSO: • Sidewalk Sweeping; • Beautification • Decorations and banners • Enhanced trash receptacle emptying • Removal of bulky items • Reporting hazards to City; • Removal of bulky items; ■ Tree and shrub planting and maintenance • Maintenance of public order • Homeless intervention 6 days per week As needed As needed As needed As needed Daily As needed Weekly As needed As needed 4 days per week As needed As needed As needed As needed Daily As needed Weekly As needed As needed ESTIMATED PERSONNEL NEEDS* %z cost of Supervisor; ($ 23,040) 1 maintenance worker, full time, 40 hours per week ($27,850) 1 maintenance worker, six days per week, 48 hours ($30,720) % cost of Supervisor; ($23,040) 1 maintenance worker, full time, 40 hours per week ($27,850) Estimated maintenance personnel costs $81,610 $ 50,890 Total Estimated Personnel Cost $ 132,500 10 *THE PURPOSE OF THIS CALCULATION IS TO PROVIDE A MATERIAL BASIS FOR THE P.R.O.W.S.O. PERSONNEL COSTS. THE ADMINISTERING CORPORATION CAN CONTRACT OUT THESE SERVICES TO A FOR -PROFIT OR NON-PROFIT CORPORATION, OR PROVIDE THE SERVICES IN HOUSE. THESE COSTS ARE ONLY USED AS A REFERENCE, THE LINE ITEM IN THE BUDGET FOR THE P.R.O.W.S.O. PERSONNEL IS ESTIMATED TO BE $132,500.00 ANNUALLY. The basis of determining personnel costs is derived from One Source, a nationwide company that provides employees for many building management companies, as well as BIDs. One Source's rates on labor include workers comp, payroll taxes, check disbursement, health benefits, vacation and sick time. Most importantly, these are contracted employees and therefore release the management corporation of payroll and personnel related liabilities. Total overhead factor of employees, fully loaded, is about 1.6 in an overhead factor from the base wage rate. Supervisor rate was calculated at $ 12.00 per hour, and maintenance workers at $8.00 - 9.00 per hour, starting pay. We reiterate that this is simply a tool for calculating costs of maintenance personnel. The free market, and competitive bidding may produce higher and better results. It is the job of the management corporation to maximize the delivery of special benefit services to the property owners based upon various category and line items of services. The function of this crew is to deal with all services in the public rights of way, including but not limited to: sweeping, beautification, decorations, security, etc. TABLE 3 — SPECIAL BENEFIT SERVICES/P.R.O.W.S.O. NON -PERSONNEL ANNUAL COSTS INCLUDING EQUIPMENT AND MATERIALS PROWS() Equipment and Materials Estimated Annual Cost Truck lease, insurance $ 6,000 Uniforms $ 1,000 Communications $ 4,000 Supplies $ 8,000 Water $ 1,000 Dumpster costs $ 6,000 Nursery Items $ 8,000 Small Equipment $ 3,000 Miscellaneous $ 3,500 Total Estimated Annual Equipment Costs $ 40,500 Again, these services may be provided by an outside contractor, however accommodations must be made for these costs whether done in-house of to an outside contractor. In addition, this budget does not assume any grants from public agencies or foundations that could underwrite the costs of equipment. Nor does it assume that the City would pay for landscaping water related costs or dumpster removal fees, both of which could be negotiated with the CDC. 11 TABLE 4 — DISTRICT IDENTITY AND STREETSCAPE IMPROVEMENTS SUGGESTED BUDGET ITEMS Program to befunded/Both Benefit Zones Estimated First Year Annual Cost Special events (1 per year); $ 5,000 Logo Creation (First Year only) $ 1,000 Web site creation and maintenance $ 4,000 Pedestrian kiosks/signage annually $ 4,000 Total Estimated First Year Annual Costs $ 14,000 TABLE 5 — ADMINISTRATION AND CORPORATE OPERATIONS SUGGESTED ALLOCATIONS Program to be Funded Estimated First Year Annual Cost Staff (Community Advocacy, retail attraction, Corporate minutes, administration to Board) $ 26,000 Insurance $ 3,000 Office rent $ 6,000 Phone/Fax $ 1,000 E-mail Service $ 800 Office supplies $1,000 Office Equipment $ 2,000 Utilities $ 1,200 d Total Estimated Annual Costs $ 41,000 TABLE 6 — SPECIAL BENEFIT SERVICES/CONTINGENCY — RESERVE ANTICIPATED NEED Program to be Funded Estimated First Year Cost County Costs (1.7% of total assessments) City costs ($500.00 per year) No -pays, (uncollected assessments) (?) Misc/Reserve (Balance of expenses) Total Estimated Annual Costs $ 12,772.01 12 TABLE 7 — TOTAL FIRST YEAR DOWNTOWN NATIONAL CITY SPECIAL BENEFIT SERVICES BUDGET LINE ITEMS BASED UPON SUGGESTED PROGRAMS AND ALLOCATIONS Program First Year Allocation % of Total Budget Public Rights of Way and Sidewalk Operations — Personnel and Equipment for All Benefit Zones $ 173,000.00 72% District Identity and Streetscape Improvements $ 14,000.00 6% Administrative/Corporate Operations $ 41,000.00 17 %o Contingency/Reserve $ 12,722.01 5% Total Estimated First Year Costs of Programs $ 240,722.01 100% METHOD OF FINANCING: This method of financing the special services is based upon the levy of assessments on real property that benefits from proposed improvements and activities. This represents a "benefit assessment district" as defined in the California Streets and Highway Code. Assessed valuation cannot be used as the basis for special benefits assessments due to the introduction of Proposition 13 into the state constitution in 1978. There are at least four basic factors that will be used in determining individual assessments. These factors include 1) linear frontage, 2) land area and 3) building square footage, 4) building Oise. The assessments for the Downtown National City PBID are based upon these variables, which have been endorsed by the property owners as the most fair and equitable for apportionment of assessments to participating parcels. Linear frontage will be assessed on all sides of the parcel receiving benefit. PBID assessments would be collected annually by the San Diego County tax assessor and would appear as a line item on the annual property tax bills. The assessments are collected by the County and transferred to the City of National City. They are then transferred directly to the Downtown National City PBID Management Corporation. The funds are then allocated consistent with the previously agreed upon programs in the Management District Plan. TABLE 8 - TOTAL GROSS DOWNTOWN NATIONAL CITY PBID PROPERTY VARIABLES Property Variables Total in District Lot Size 1,465,301 square feet Building Size 448,344 square feet Linear Feet 21,744 linear feet There are 153 parcels and 96 legal owners currently in the database of the above mentioned property variables. There are about 34 square blocks in the district. 13 Apportionment of Costs to Property Variables used in the Assessment Methodology As is common practice, various property variables fund different special benefit services in the district. We have employed an assessment methodology that we believes supports the relationship between assessments paid and benefits received. The following programs and services must confer a special benefit to real property owners to be consistent with Article XIII (d) of the state constitution. ANNUAL BUDGET: The annual first year budget is anticipated to be $240,722.01. Benefit Zone 1 parcels will pay a premium due to increased services and increased benefits anticipated to be derived from the formation of the district. Building use will determine the annual building square footage costs, by Benefit Zone. The proposed building uses have been categorized as follows. Each parcel has been analyzed to determine proper category of use and therefore benefit: (Internal parking built into structure will be credited to overall building size). TABLE 9 - DEFINITION OF BUILDING/LAND USES: Building Use Code Description of Use A Retail space, hotels, motels, visitor related B Office and Commercial uses, Independent, free standing parking structures C Industrial/Manufacturing/Distribution D Institutional (School, public, park Church, Tax-exempt properties E Multi -unit housing, apartments (20 units or more) F Multi -unit housing, apartments (9— 19 units) G Multi -unit housing, apartments (2 — 8 units) d H Single Family housing units (not to exceed $240 per year) I Condo units, $ 240.00 flat fee per year The proposed apportionment of special benefits to the various property variables are as follows: 14 TABLE 10 — APPORTIONMENT OF SERVICES TO PROPERTY VARIABLES Program to be Funded Benefit Zone Apportioned to Variable PROWSO: • Maintenance Personnel 1 %z to all building square footage, ($ 81,610) '/z to all lot size in Benefit Zone 1 • Maintenance Personnel 2 , %z to all building square footage, ($50,890) Y2 to all lot size in Benefit Zone 2 • Non -personnel, equipment 1, 2 All linear frontage, apportioned ($ 40,500) equally in both Benefit Zones DISTRICT IDENTITY AND STREETSCAPE IMPROVEMENTS: • Special events (1 per year) 1 Building square footage "a" only ($5,000) • Logo creation 1, 2 Building square footage a -- c ( $1,000) • Web site creation/maintenance 1, 2 Building square footage a — c ($4,000) • Pedestrian kiosks/signage 1, 2 Building square footage a — d ($ 4,000) ADMINISTRATION AND CORPORATE 1, 2 Apportioned equally to all lot size OPERATIONS ($ 41,000) in both zones CONTINGENCY/RESERVE 1, 2 Apportioned equally to all lot size ($12,722.01) in both zones The assessment methodology annual costs are summed up in the following table: 15 TABLE 11 — ANNUAL COSTS PER SPECIAL BENEFIT SERVICE AND BENEFIT ZONE Benefit Zone Lot Square foot annual costs Building square foot annual costs Linear frontage annual costs Contribution to total budget 1 $0.0841 a. $0.1886 b. $0.1696 c. $0.1696 d. $0.1577 e. $0.1485 f. $0.1485 g. $0.1485 $1.8264 $146,095.30 Benefit Zone Lot Square foot annual costs Building square foot annual costs Linear frontage annual costs Contribution to total budget 2 $0.0757 a. $0.1697 b. $0.1697 c. $0.1697 d. $0.1578 e $0.1485 f. $0.1485 g. $0.1485 $1.8264 $94,626.71 Both Condos and Single family homes $ 240.00 per year per unit Approximately $146,095.30 (61%) of the assessments will be generated from parcels within Benefit Zone 1. The balance, $94,626.71 (39%) will be generated from Benefit Zone 2 parcels. CONDO FACTOR: It is unknown at this point how much future condos will contribute to the district. Since the condos are being built in mixed use or commercially zoned areas, they are not exempt from payment into the assessment district. The condo owners will derive and appreciate the special benefit services they will receive from the cleaning and beautification services in the district. Provisions will be made to avoid a property variable and unit assessment for condos. Once a parcel or parcel(s) have been converted to condos, the per unit fee will kick in, however that parcel will have its linear frontage, building square footage and lot size deleted as a variable to be assessed. For example, if a 5,000 square foot lot is converted from a parking lot to a 10 unit condo development, that parcel will be reassessed to capture the $2,400 condo assessments annually now generated from that parcel (10 x $240.00 per year). Simultaneously, the property variables of that parcel, will be eliminated from the overall PBID database so the new condo owners are not doubly assessed for their property variables and condo units. Condos and residentially utilized single family residences will pay the same flat fee per year into the district. Condos will be fully assessed once they have been constructed and parcelized. Condos under construction shall pay $240, less a 50% reduction until completed and parcelized. 16 TABLE 12 - DOWNTOWN NATIONAL CITY PBID FIRST YEAR COSTS BY PROPERTY VARIABLE PROPERTY VARIABLE ANNUAL COST BENEFIT ZONE 1 ANNUAL COST BENEFIT ZONE 2 TOTAL GENERATED BY VARIABLE Lot Square Footage $ 0.0841 per square foot per year $0.0757 per square foot per year $118,053.09 (49%) Building Square Footage (range) $ 0.1485-$0.1886 per square foot per year $0.1485-$0.1697 per square foot per year $80,075.68 (33%) Linear Frontage $1.8264 per linear foot per year $1.8264 per linear foot per year $39,713.24 (17%) Single Family Home and Condo Annual Fee $ 240.00 $240.00 $2,880.00 (1 %) Total Annual Budget $240,722.01 TABLE 13 - AMOUNTS GENERATED BY DOWNTOWN NATIONAL CITY PBID Property Variable Total Gross Variable, Both Benefit Zones Amount Generated First Year Parcel or Lot Size 1,465,301 $118,053.09 Building Square Feet 448,344 $80,075.68 Linear Frontage 21,744 $39,713.24 Single Family Home and Condo Annual Fee 12 $2,880.00 Total Assessments, First Year — Both Zones $240,722.01 17 PART V RELEVANT ENABLING LEGISLATION, AB 1021 The relevant enabling PBID legislation, which allows the property owners of Downtown National City to fund these special benefit services, is to be found in... • Section 36600 of the California Streets and Highway Code known as the Property Business Improvement District Law of 1994. (Amended in 2000, 2003) On July 20, 2001, Governor Gray Davis signed AB 1021, approving changes to the Property Business Improvement District Law of 1994, (Cal. Streets and Highway Code Sections 36600 et. Seq.) which changes several procedures involving PBIDs. The law became effective on January 1, 2002. The major change within the law is the establishment of an "Owner's Association." This Association will be a private, non-profit entity that will contract with the City to manage the PBID. It will be subject to the Brown Act (Ca. Government Code Sections 54950 et seq.) and the California Public Records Act (Cal Government Code Sections 6250 et seq.). However, the Association will not be considered as a public entity for any other purpose. Similarly, any board members or staff will not be considered public officials. Under the amended law, all property owners who do not pay assessments will be subject to penalties for delinquent payments. The amended statute also provides provisions for renewal of the PBID. If the PBID is renewed after its first term (up to five years),fthe funds from the prior district may be used in the renewed district only for the benefit of the parcels within the boundaries of the prior district. If no parcels from the prior district are within the renewed district, the funds must be returned to the property owners. Also, upon renewal, a district may be renewed for up to ten years. These changes clarify issues regarding PBID operations and formation and the status of the non-profit organizations that manage PBIDs in the aftermath of the court ruling in Epstein vs. the Hollywood Entertainment District. The Epstein decision classified non-profit organizations that managed PBIDs as public entities for purposes of the Brown Act. The issue has been raised that if the organizations were public entities for the Brown Act, could they also be public entities for other acts, such as the Political Reform Act. The changes in the new legislation ensure that these PBID and BID Management Corporations are not considered public entities for any California law except the Ralph M. Brown Act and the Public Records Act. Proposition 218 (Article XIII D of the state constitution) states in Section 4 (a): "No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional benefit conferred on that parcel. Only special benefits are assessable, and an agency must separate the general benefits from the special benefits conferred on a parcel." 18 FORMATION: • District formation requires submittal of petitions from property owners representing at least 50% of the total assessment. The "Right to Vote on Taxes Act" (Proposition 218) requires that more than 50% of the ballots received, weighted by assessment, be in support of the District. • This petition support ensures that the mail ballot procedure will be successful in the formation of the district. Once the necessary threshold of petitions have been collected, the management district plan will then be submitted to the City to begin processing the public hearing. With the adoption of an ordinance of intention, the City Council will authorize the City Clerk to send out the mail ballots to all affected property owners to determine their support for the establishment of the district. • When all is said and done, the first assessments should be collected with the annual property tax bill in December 2004 with the Management Corporation receiving its first installment payment in January 2005. DURATION: • Pursuant to State Law, the District will have a set term. The proposed district will have a five-year life commencing January 1, 2005. After five years, the petition process must be repeated for the District to be re-established. 19 TIME LINE AS SPECIFIED BY LAW: The district must be established to take advantage of the County's tax assessment notification schedule. Mindful of that, all property related assessment districts must be established by the end of July in any calendar year, in order to have assessments levied on parcels for the upcoming fiscal year. In our case, the district must be established through an assessment ballot proceeding in late July 2004, in order to notify the County in time for the 2004-05 fiscal tax year. The first assessments would then appear on the property tax statements due in December 2004. In order to take advantage of this schedule, as well as to generate revenues in early 2005, the following time line has been adopted to ensure timely funding of special benefit programs: To work effectively, we must look at the completion date and work backwards: Date must be completed by Task to be completed July 20th, 2004 Public hearing/assessment balloting proceeding, ballots counted by weight June 8th Resolution of intent by City to establish the district May 1st -June 7th Property owners representing 50% of the weight, based upon assessments to be levied, must sign petition endorsing the management district plan; Assessment engineer certifies plan as compliant with Proposition 218 April 30th Finalize management district plan including special benefit services to be provided, duration of district, boundaries, benefit zones, assessment methodology, administration, etc. Initiate petition drive April 20, 2004 First rough draft Management District Plan submitted to PBID Steering Committee 20 PART VI ENGINEER'S REPORT, EXEMPTIONS, ANNUAL ASSESSMENT INCREASES AND THE DURATION OF THE DISTRICT A. Assessment Methodology Property owners in Downtown National City have emphasized that an assessment formula for a PBID be fair, balanced and commensurate with special benefits received. NEW CITY AMERICA has contracted with Ed Henning and Associates to come up with a plan that has been certified by a licensed engineer. In preparing the engineer's report for the Downtown National City PBID, the engineer concluded that the special benefit to each parcel was found to be proportional to the property variable and their apportionment. An Engineer's report for the PBID is provided in the Appendix. B. Time and Manner for Collecting Assessments: As provided by state law, the Downtown National City Property Business Improvement District will appear as a separate line item on the annual property tax bills prepared by the San Diego County Tax Assessor. Property tax bills are generally distributed ins the Fall and payment is expected by lump sum or in two installments. The County Assessor shall distribute the assessments to the City who will in turn then forward them to the designated Downtown National City PBID Management Corporation pursuant to the authorization of this plan. Existing laws for enforcement of property taxes apply to the Management District assessments. The assessments shall be collected at the same time and in the same manner as for any possessory interest tax paid to the County of San Diego. These assessments shall provide for the same lien priority and penalties for delinquent payment as is provided for the possessory interest tax. The "property owner" of the possessory interest shall be any person as the owner/taxpayer on the last equalized possessory interest assessment roll or otherwise known to be the owner/taxpayer by the City Council. The City Council has no obligation to obtain other information as to the ownership of the interest, and its determination or ownership shall be final and conclusive for the purposesofthis district. 21 C. Publicly Owned Parcels and Government Assessments: The Downtown National City PBID Steering Committee assumes that the City of National City, The Community Development Commission, Southwestern College, the County, the Unified School District, the State of California and any other publicly owned parcels will pay assessments for the special benefits conferred upon government owned property within the boundaries of the PBID. Article XIII D of the California Constitution, (Proposition 218), explains the basis for assessing publicly owned parcels: "Parcels within a district that are owned or used by any agency, the State of California or the United States shall not be exempt from Assessments unless the agency can demonstrate by clear and convincing evidence that those publicly owned parcels in fact receive no special benefit. D. Annual Assessment Adjustment: The PBID Management Corporation, will be granted the option of increasing the assessments annually based upon the Consumer Price Index of San Diego County or by a flat amount, not to exceed 5% per year. E. District Duration: Pursuant to State PBID Law, the Downtown National City PBID will have a duration of five years, commencing on January 1, 2005 and extending through December ilst 2009. This is the maximum period allowable for a new PBID under state legislation. Any continuation of the District after its five-year period will require compliance with all regulations and statutes in place at the time relative to the establishment of the new PBID. 22 PART VII DISTRICT GOVERNANCE AND THE DOWNTOWN NATIONAL CITY P.B.I.D. MANAGEMENT CORPORATION A few rules and regulations should be considered by the Downtown National City PBID Management Corporation in the administration of the district. • Conflict of Interest: Any stakeholder who serves on the administering corporation's Board of Directors shall recuse himself or herself from any vote in which a potential conflict of interest is apparent. Such potential conflicts include, but are not limited to, prioritizing capital improvement projects which result in special benefit to specific property owners, prioritization of services to benefit a particular owner or group of owners, hiring or selecting the relatives of Board members, etc. In addition, the Management Corporation shall aim to meet the following operational objectives for the district... Create and manage programs that best respond to the top priorities of district property owners; • Maximize coordination of the City government to avoid duplication of servi*es and to leverage resources; • Deliver services through a cost-effective, non -bureaucratic and easy to access organizational structure; • Provide accountability and responsiveness to those who pay through open access to Board meetings, elections to the Board and Board records. 23 APPENDIX A MAP OF THE DISTRICT 24 • Downtown National City PBID Benefit Zone 1 7 •-{ Benefit Zone 2 1.‘ APPENDIX B FIVE-YEAR PROJECTION OF THE ASSESSMENTS ASSUMING THE MAXIMUM ANNUAL INCREASE 25 Downtown National City P.B.I.D. FIVE YEAR PROJECTION OF ASSESSMENTS WITH 5% ANNUAL ADJUSTMENT Projected Budget 2005 5% 2006 5% 2007 5% 2008 5% 2009 Public Rights of Way and Sidew2lk Operations ' $173,000.00 $8,650.00 $181,650.00 $9,082.50 $190,732.50 $9,536.63 $200,269.13 $10,013.46 ...' $210,282.58 District Identity and Streetscape Improvements $14,000.00 $700.00 $14,700.00 $735.00 $15,435.00 $771.75 $16,206.75 $810.34 $17,017.09 Administrative/Corporate Operations $41,000.00 $2,050.00 $43,050.00 $2,152.50 $45,202.50 $2,260.13 $47,462,63 $2,373.13 $49,835.76 Contingency/Reserve $12,722.01 $636.10 $13,358.11 $667.91 $14,026.02 $701.30 $14,727.32 $736.37 $15,463.68 Total $240,722.01 $12,036.10 $252,758.11 $12,637.91 $265,396.02 $13,269.80 $278,665.82 $13,933.29 $292,599.11 6/8/04 APPENDIX C LIST OF PARCELS INCLUDED IN THE DISTRICT 26 APN Annual Assessment 555 030 01 00 $240.00 555 030 02 00 $427.32 555 030 03 00 $0.00 555 030 04 00 $0.00 555 030 05 00 $240.00 555 030 06 00 $0.00 555 030 07 00 $240.00 555 030 08 00 $1,358.46 555 030 09 00 $278.41 555 030 10 00 $339.52 555 030 11 00 $270.50 555 030 12 00 $344.51 555 030 13 00 $282.92 555 030 14 00 $500.53 555 030 17 00 $1,089.50 -5 030 20 00 $4,997.45 555 030 21 00 $3,644.29 555 030 22 00 $6,609.58 555 041 01 00 $878.28 555 041 02 00 $472.48 555 041 03 00 $3,616.36 555 041 04 00 $1,063.44 555 041 05 00 $570.74 555 041 06 00 $571.49 555 041 07 00 $694.46 555 041 08 00 $511.82 555 041 09 00 $511.82 555 041 10 00 $1,206.28 555 042 10 00 $1,080.70 555 042 15 00 $3,1.04.82 555 042 17 00 $3,458.95 55 042 18 00 $7,001.77 o55 052 04 00 $694.46 555 052 05 00 $649.75 555 052 06 00 $471.60 555 052 14 00 $2,453.40 APN 555 052 15 00 NATIONAL CITY PBID PARCELS TO BE ASSESSED Annual APN Annual Assessment Assessment $2,361.54 555 114 03 00 $215.59 555 053 17 00 $22,785.90 555 054 12 00 $6,377.83 555 081 09 00 $510.24 555 081 10 00 $267.23 555 081 14 00 $396.50 555 08t 15 00 $216.88 555 081 16 00 $695.37 555 081 17 00 $1,992.94 555 082 01 00 $1,855.29 555 082 02 00 $244.19 555 082 03 00 $527.88 555 082 04 00 $399.68 555 082 05 00 $1,137.98 555 082 06 00 $960.23 555 082 10 00 $1,533.33 555 082 11 00 $4,097.40 555 083 21 00 $1,846.85 555 083 22 00 $5,094.43 555 083 23 00 $2,989.50 555 083 24 00 $5,751.78 555 085 01 00 $622.48 555 085 02 00 $240.00 555 085 03 00 $240.00 555 085 04 00 $464.11 555 085 05 00 $2,797.35 555 085 06 00 $187.37 555 085 07 00 $4,258.90 555 113 04 00 $808.87 555 113 05 00 $792.75 555 113 08 00 $1,269.33 5551131100 $2,084.78 555 113 12 00 $1,569.72 555 113 13 00 $1,133.05 555 114 01 00 $240.00 555 114 02 00 $240.00 555 114 04 00 $220.14 555 114 05 00 $452.48 555 114 06 00 $652.46 555 114 07 00 $1,151.14 5551141100 $330.42 555 114 12 00 $1,594.28 555 114 13 00 $1,569.62 5561010100 $1,614.58 556 101 02 00 $1,815.33 556 101 15 00 $5,492.84 556 101 16 00 $2,276.33 556 104 01 00 $2,485.63 556 104 02 00 $240.00 556 104 18 00 $1,820.45 556 210 25 00 $1,662.72 556 210 26 00 $1,510.43 556 210 27 00 $1,077.40 556 212 01 00 $240.00 556 212 02 00 $240.00 556 212 03 00 $496.74 556 212 04 00 $276.94 5562120500 $419.14 556 212 06 00 $563.61 556 212 07 00 $754.77 556 331 03 00 $249.09 556 331 04 00 $505.91 556 331 05 00 $1,181.45 556 331 14 00 $2,439.68 556 331 15 00 $926.31 556 331 20 00 $748.13 556 331 21 00 $2,720.06 556 331 22 00 $1,255.39 556 331 23 00 $566.21 556 331 24 00 $715.80 556 331 25 00 $3,133.35 APN Annual Assessment 556 332 20 00 $1,764.62 556 332 21 00 $535.59 556 332 22 00 $375.86 556 332 23 00 $253.70 556 332 24 00 $1,409.83 556 333 15 00 $2,626.38 556 333 17 00 $4,907.21 556 333 18 00 $522.19 556 334 19 00 $2,101.81 556 334 20 00 $282.35 556 334 21 00 $410.30 556 334 22 00 $452.14 556 471 03 00 $2,233.31 556 471 04 00 $575.76 556 471 16 00 $1,585.34 556 471 17 00 $2,691.26 556 471 23 00 $4,830.57 556 471 24 00 $3,673.51 556 472 23 00 $2,019.79 556 472 24 00 $527.74 556 472 26 00 $3,056.70 556 472 27 00 $265.95 556 473 15 00 $1,526.52 556 473 16 00 $792.75 556 473 17 00 $962.08 556 474 01 00 $1,610.56 556 474 02 00 $739.54 556 474 21 00 $2,527.99 556 493 01 00 $1,290.96 556 493 04 00 $934.44 556 493 05 00 $240.00 556 553 01 00 $694.46 556 553 02 00 $357.75 556 553 03 00 $409.23 556 553 04 00 $616.95 556 553 05 00 $1,592.79 NATIONA PARCELS T APN 556 553 09 00 556 553 12 00 556 553 13 00 556 554 16 00 556 554 17 00 556 554 18 00 556 554 19 00 556 554 20 00 556 554 21 00 L CITY PBID 0 BE ASSESSED Annual Assessment $515.54 $567.57 $526.29 $4,415.42 $6,245.33 $1,195.18 $569.85 $1,205.03 $1,568.79 APN Annual Assessment Edward Henning & Associates URBAN REVITALIZATION • FUNDING Downtown National City Property Business Improvement District CITY OF NATIONAL CITY - CALIFORNIA DISTRICT ASSESSMENT ENGINEER'S REPORT Prepared by Edward V. Henning, California Registered Professional Engineer # 26549 Edward Henning & Associates Phelan California June 1, 2004 13330 Buttemere Rd • Phelan CA 92371 • (76o) 868-9963 • (fax) (76o) 868-6490 • mred2@earthlink.net Attachment No. 2 Edward Henning & Associates URBAN REVITALIZATION • FUNDING DISTRICT ASSESSMENT ENGINEER'S REPORT To Whom It May Concern: I hereby certify to the best of my professional knowledge and experience that each of the identified benefiting properties located within the proposed Downtown National City Property Business Improvement District will receive a special benefit over and above the benefits conferred on the public at large and that the amount of the proposed assessment is proportional to, and no greater than the benefits conferred on each respective property. 00/ Prepare i by Edward V. Henning, California Registered Professional Engineer # 26549 t RPE #26549 Edward V. He June 1, 2004 Date (NOT VALID WITHOUT EMBOSSED CERTIFICATION SEAL AND SIGNATURE HERE) Introduction This report shall serve as the "detailed engineer's report" required by Section 4(b) of Article XIIID of the California Constitution (Proposition 218) to support the benefit property assessments proposed to be levied within the Downtown National City Property Business Improvement District (Downtown National City PBID) in the City of National City, California being established for a five year period. The discussion and analysis contained within constitutes the required "nexus" of rationale between assessment amounts levied and special benefits derived by properties within the Downtown National City PBID. NOTE 1: The terminology "identified benefiting parcel" or "property" is used throughout this report pursuant to SB 919 - "Proposition 218 Omnibus Implementation Act" which clarified portions of Prop 218. It provides the Engineer and District Consultant with the ability to actually identify individual parcels which will benefit directly either in whole or in part from the proposed District funded programs and improvements and does not imply that all parcels receive assessable benefits . 1 13330 Buttemere Rd • Phelan CA 92371 • (760) 868-9963 • (fax) (76o) 868-6490 • mred2@earthlink.net Edward Henning & Associates URBAN REVITALIZATION • FUNDING Background The Downtown National City PBID is a property -based benefit assessment type district being established pursuant to Section 36600 et seq. of the California Streets and Highways Code, also known as the Property and Business Improvement District Law of 1994 (the "Act"). Due to the benefit assessment nature of assessments levied within a PBID, district program costs are to be distributed amongst all identified benefiting properties based on the proportional amount of program benefit each property is expected to derive from the assessments collected. Within the Act, frequent references are made to the concept of relative "benefit" received from PBID programs and activities versus amount of assessment paid. Only those properties expected to derive special benefits from PBID funded programs and activities may be assessed and only in an amount proportional to the relative benefits expected to be received. The method used to determine benefits derived by each identified property within a PBID begins with the selection of a suitable and tangible basic benefit unit. For property related services, such as those proposed in the Downtown National City PBID, the benefit unit may be measured in linear feet of street frontage or parcel size in square feet or building size in square feet or number of building floors or proximity to major corridors in average linear feet, or any combination of these factors. Quantity takeoffs for each parcel are then measured or otherwise ascertained. From these figures, the amount of benefit units to be assigned to each property can be calculated. Special circumstances such as unique geography, land uses, development constraints etc. are carefully reviewed relativeito specific programs and improvements to be funded by the PBID in order to determine any levels of diminished benefit which may apply on a parcel by parcel or categorical basis. Based on the factors described above such as geography and nature of programs and activities proposed, an assessment formula is developed which is derived from a singular or composite basic benefit unit factor or factors. Within the assessment formula, different factors may be assigned different "weights" or percentage of values. Next, all program and activity costs, including incidental costs, district administration, ancillary programs, and volunteer and comped resource and material credits are estimated. It is noted, as stipulated in Proposition 218, and now required of all property based assessment districts, indirect and general benefits may not be incorporated into the assessment formula and Ievied on the district properties; only direct or "special" benefits and costs may be considered. Indirect or general benefit costs must, be calculated and factored out of the assessment cost basis to produce a "net" cost figure. In addition, Proposition 218 no longer exempts government owned property from paying benefit assessments and these properties must be factored into the assessment roll if special benefit is determined to be conferred upon such properties. 2 1333o Buttemere Rd • Phelan CA 92371 • (76o) 868-9963 • (fax) (760) 868-6490 • mred2@earthlink.net Edward Henning & Associates URBAN REVITALIZATION • FUNDING From this, the value of a basic benefit unit or "basic net unit cost" can be computed by dividing the total amount of estimated net program costs by the total number of benefit units. The amount of assessment for each parcel can be computed at this time by multiplying the Net Unit Cost times the number of Basic Benefit Units per parcel. This is known as "spreading the assessment" or the "assessment spread" in that all costs are allocated proportionally or "spread" amongst all properties within the PBID. The method and basis of spreading program costs varies from one PBID to another based on local geographic conditions, types of programs and activities proposed, and size and development complexity of the district. PBIDs may require secondary benefit zones to be identified to allow for a tiered assessment formula for variable or "stepped -down" benefits derived. Supplemental Proposition 218 Procedures and Requirements Proposition 218, approved by the voters of California in November of 1996, adds a supplemental array of procedures and requirements to be carried out prior to levying a property -based assessment like the Downtown National City PBID. These requirements are in addition to requirements imposed by State and local assessment enabling laws. These requirements were "chaptered" into law as Article XIJID of the California Constitution and then further clarified by the Proposition 218 Omnibus Legislation in 1997 chaptered in section 53750 et seq of the California Govemment Code. Since Prop 218 provisions will affect all subsequent calculations to be made in laying out the final property assessment roll for the Downtown National City PBID, Prop 218 requirements will be taken into account first. The key provisions of Prop 218 along with a description of how the Downtown National City PBID complies with each of these provisions is delineated below. (Note: All section references below pertain to Article XIII of the California Constitution): Finding 1. From Section 4(a): "Identify all parcels which will have a special benefit conferred upon them and upon which an assessment will be imposed" There are 153 "identified" individual parcels within the Downtown National City PBID which will all derive some level of special benefit from the piuposed District programs and activities. These parcels are shown on the Boundary Map within the Management District Plan and are listed as an attachment to the Plan - identified by assessor parcel number and site address. Two benefit zones have been identified within the District which generally includes all properties along and surrounding the National City Boulevard corridor from 2" to 12th and the 8th Street corridor from the freeway to A Avenue. 3 13330 Buttemere Rd • Phelan CA 92371 • (760) 868-9963 • (fax) (76o) 868-6490 • mred2@earthlink.net Edward Henning & Associates URBAN REVITALIZATION • FUNDING Findini 2. From Section 4(a): "Separate the general benefits from the special benefits conferred on parcel(s). Only special benefits are assessable. " As stipulated by Prop 218, assessment district programs and activities confer a combination of general and special benefits to district properties, but the only program benefits which can be funded through assessments are those attributed to special property related benefits. Thus, a portion of the program costs must be considered attributable to general benefits and assigned a value. Conventional assessment engineering experience has found that general benefits within a given district typically average 10% of the total adjusted costs with a 5% deviation. (Total adjusted costs include actual proposed PBID program costs plus any additional supplemental or matching program costs as well as applied credits from sources such as start up grants, Board/Committee member service credits and specialized assessment reductions/adjustments.) There are three common methods for determining general and special benefit ratios within assessment districts: (1) The parcel by parcel allocation method (2) The program/activity line item allocation method, and (3) The composite district overlay determinant method. The vast majority of PBIDs in California have used Method #3, the composite district overlay determinant method which will be used for the Downtown National City PBID. Using empirical data from other PBIDs, a focused range for general benefits from 5-15% is used. Ba ed on a composite of district criteria such as the shape of the Downtown National City PBID, the existence of two benefit zones, a three-four element assessment formula, the proximity all of district properties to the applicable program benefit zones, and the nature of the proposed programs and activities, a specific "overlay" value of 5% is assigned to the general benefit portion of the total adjusted costs. This leaves a value of 95% assigned to special benefit related costs. Since the total program cost is estimated at $265,572.01 (see Table 1 later in this Report), the maximum special benefit portion which can be recouped through property assessments, is $252,293.41. Remaining costs which are attributed to general benefits, will need to be derived from other sources. (e.g. public/private matching grants, startup grants, startup volunteer credits or ongoing board member volunteer credits). 4 1333o Buttemere Rd • Phelan CA 92371 • (760) 868-9963 • (fax) (760) 868-6490 • mred2@earthlink.net Edward Henning & Associates URBAN REVITALIZATION • FUNDINC Finding 3. From Section 4(a): "(Determine) the proportionate special benefit derived by each parcel in relationship to the entirety of the. cost of public imprdvement(s) or the maintenance and operation expenses. or the cost of the property related service being provided. The proportionate special benefit cost for each parcel is listed in an attachment to the Management District Plan. The individual percentages (i.e. proportionate relationship to the total special benefit related program and activity costs) were computed by dividing the individual parcel assessment by the total program costs. Finding 4. From Section 4(a): "No assessment. shall exceed the reasonable cost of the proportional special benefit conferred on parcel(s)." Not only are the proposed program costs reasonable due to the benefit of group purchasing and contracting which would be possible through the Downtown National City PBID, they are also considerably less than other options considered by groups like the Downtown National City PBID Formation Committee. Finding 5. From Section 4(a): "Parcels. that are owned or used by any (public) agency shall not be exempt from assessment." Parcels within the District that are owned by public agencies (i.e. City of National City, the Community Development Conunission, Southwestern College etc) will also be assessed and at rates equivalent to private sector owned parcels. The "fair market value" of such public properties is identical to surrounding privately owned parcels and any increased values and benefits derived from PBID programs and services would be similar for either public or privately owned parcels, with or without improvements. Just as the costs and effects of blight are shared by both public and private properties, so are the rewards of clean and safe as well as district promotions and marketing programs. Since there is no compelling finding or evidence that such properties would receive less direct benefit from the proposed PBID programs and services than surrounding private parcels, the same assessment rates would be levied. Finding 6. From Section 4(b): "All assessments must be supported by a detailed engineer's report prepared by a registered professional engineer certified by the State of California". This report shall serve as the "detailed engineer's report" to support the benefit property assessments proposed to be Ievied within the Downtown National City PBID. 5 13330 Buttemere Rd • Phelan CA 92391 • (76o) 868-9963 • (fax) (76o) 868-6490 • mred2@earthlink.net Edward Henning & Associates URBAN REVITALIZATION • FUNDING Finding 7. From Section 4(c): "The amount of the proposed assessment for each parcel shall be calculated (along with) the total amount thereof chargeable to the entire district, the duration of such payments, the reason for such assessment and the basis upon which the amount of the proposed assessment was calculated." The individual and total parcel assessments attributable to special property benefits are shown on an attachment to the Management District Plan_ The district and resultant assessment payments will continue for five years and may be renewed again at that time. The reasons (purposes) for the proposed assessments are outlined in the Management District Plan. The calculation basis of the proposed assessment for the PBID is attributed in part to the specific amount of property size, building size and street frontage. Special Benefit and Assessment Analysis Step 1. Select "Basic Benefit Unit(s)" PBID assessment formulas typically are based on either property street frontage or parcel and building size or location, all which can affect the amount of benefit conferred on a particular parcel and the proportionate assessment to be. paid. The formula may base assessments on a single factor or a combination of factors. Based on the nature of the program activities to be funded by the Downtown National City PBID, whichvrelate to the proportionate amount of real estate (i.e. land) held in ownership, development intensity (i.e. building area) and property street frontage as well as land use, it has been determined that the assessments for the PBID will be based proportionately on a combination of parcel size, building size, land use and sheet frontage. In addition a flat rate will be applied to single family residential (SFR) and residential condo units located on non -residentially zoned land. The "Basic Benefit Unit" will be expressed as a function of land square footage (Basic Benefit "A" Units), building area (Basic Benefit "B" Units - further refined by land use) and linear feet of property frontage (Basic Benefit "C" Units). Based on the shape of the Downtown National City PBID, as well as the nature of the District program elements, it is determined that two benefit zones exist in which identified properties will gain a direct, albeit, proportionate degree of benefit based on the respective amount of parcel size, building size, land use and street frontage. Step 2. Quantify Total Basic Benefit Units Taking into account all identified benefiting properties, there are 1,465,301 square feet of assessable parcel land area within the District, 448,344 square feet of assessable building area and 21,744 linear feet of property street frontage. In addition, there are 12 assessable single family/condo units. Since the selected Basic Benefit Unit is based on a 6 1333o Buttemere Rd - Phelan CA 92371 • (76o) 868-9963 • (fax) (760) 868-6490 • mred2@earthlink.net Edward Henning & Associates URBAN REVITALIZATION • FUNDING combination of parcel area, building area and street frontage, there are, in turn, corresponding amounts of Basic Benefit Units in the PBID as shown in Step 7 herein. The target weighted revenues from each formula component were 50% for land area, 30% for building area and 20% for street frontage. The final adjusted weights are 49% for land, 33% for building area, 17% for street frontage and 1% for SFR and condo flat rates. Further, the targeted weighted revenues for each Benefit Zone were 60% for Zone 1 and 40% for Zone 2. The final adjusted weights are 61% for Zone 1 and 39%for Zone 2. Step 3. Calculate Benefit Units for Each Property. The number of Benefit Units for each identified benefiting parcel within the Downtown National City PBID was computed from data extracted from City of National City, San Diego County and third party real estate data services property and land use records. These data sources delineate current land uses, property areas and dimensions of record for each tax parcel and are listed as an attachment to the Management District Plan. While it is understood that this data does not represent legal field survey measurements or detailed title search of recorded land subdivision maps or building records, it does provide an acceptable basis for the purpose of calculating property based assessments. All respective property data being used for assessment computations has been provided to each property owner in the PBID for their review. All known or reported discrepancies or errors have been corrected. Step 4. Determine Assessment Formula For a District with a single Basic Benefit Unit with one Benefit Zone, the assessment formula would belthe same for each identified benefiting property as follows: Number of Basic Benefit Units x Basic Unit Cost = PBID Assessment The Downtown National City PBID assessment is to be based on three Basic Benefit Unit factors; land square footage (Basic Benefit "A" Units), building area (Basic Benefit "B" Units) and linear feet of property frontage (Basic Benefit "C" Units). It has been determined that the assessment should be based partially on parcel size, building size and street frontage as follows: Zone 1: Assessment = [(No. of Benefit "A-1"Units x Basic "A-1" Unit Cost)] + [(No. of Benefit "B-1" Units x Basic "B-1" Unit Cost)] + [(No. of Benefit "C-1" Units x Basic "C-1" Unit Cost)] Zone 2: Assessment = [(No. of Benefit "A-2"Units x Basic "A-2" Unit Cost)] + [(No. of Benefit "B-2" Units x Basic `B-2" Unit Cost)] + [(No. of Benefit "C-2" Units x Basic "C-2" Unit Cost)] 7 1333o Buttemere Rd • Phelan CA 92371 • (76o) 868-9963 • (fax) (760) 868-6490 - mred2@earthlink.net Edward Henning & Associates URBAN REVITALIZATION • FUNDING Note A: Benefit `B" Unit Costs vary based on land use as shown in Table 3 later in this report. Note B: Assessments for single family residential and residential condos are based on a flat fee per unit as shown in Table 3. Sten 5. Estimate Total Program and Activity Costs Total estimated proposed program and activity costs are shown below in Table 1. These costs include expenses for general as well as special benefits and related programs/activities. TABLE 1 Estimated Total Year 1 Program & Activity Costs (Special+General Benefits) Program/Activity Public Rights of Way Sr Sidewalk Operations District Identity/Streetscape Improvements Administration/Corporate Operations Contingency/Reserve Misc Costs (Credits) Total Year 1 1 % $173,000.00 65.14% $14,000.00 5.27% $41 ,000.00 $12,722.01. $24,850.00 $265,572.01 1 5.4490 4.79% 9.36% 100.00% Step 6. Separate General Benefits from Special Benefits and Related Costs (Prop 218) Total program and activity costs are estimated at $265,572.01 (see Table 1 above). General benefits are factored at 5% of total (see Finding 2 on page 4 of this report) with special benefits set at 95%. Prop 218 limits the levy of property assessments to costs attributed to special benefits only. The 5% general benefit cost is computed to be $13,278.60 with a resultant 95% special benefit limit computed at $252,293.41. This is the maximum amount of revenue that can be derived from property assessments from the subject PBID. The total amount of revenue proposed to be derived from PBID assessments is $240,722.01 for Year 1, which is less than the special benefit limit of $252,293.41. Therefore, no Prop 218 adjustments need to be made to the proposed assessment formula. All program costs associated with general benefits will be derived from sources or credits other than PBID assessments as shown below in Table 2. 8 13330 Buttemere Rd • Phelan CA 92371 • (760) 868-9963 • (fax) (760) 868-6490 • mred2@earthlink.net Edward Henning & Associates URBAN REVITALIZATION • FUNDING TABLE 2 Total Adjusted Year 1 Revenue (For Special + General Benefit Proerams/Activities) Funding Source PBID Assessments PBID Formation Pro -rated Credit/Year ($35,000 base) PBID Formation Pro -Rated Volunteer Credit/Year (50% base) Annual Board/Volunteer Credit (35% base Admin) TOTAL ADJUSTED REVENUE Subtotal Revenue $240,722.01 $7,000.00 $3,500.00 $14,350.00 $265,572.01 90.64% 2.64% 1.32% 5.40% j 100.00% Step 7. Calculate "Basic Unit Cost" (Special Benefits Only) With a Year 1 budget of $240,720.01 (special benefit only), the Basic Unit Costs ("A", "B" and "C") from the Management Plan are: TABLE 3 Basic Unit Land Use Description Benefit Zone 1 Benefit Zone 2 "A" Cost All except SFR and condos $0.0841/sf $0.0757/sf "B-a" Cost Retail, hotels, motels, visitor $0.1886/sf $0.1697/sf "B-b" Cost Office, commercial, pkg stmc. $0.1696/sf a $0.1697/sf "B-c" Cost Industrial, manufacturing $0.1696/sf $0.1697/sf "B-d" Cost Institutional, government etc $0.1577/sf $0.1578/sf "B-e" Cost Residential 20+ units $0.1485/sf $0.1485/sf "B-f' Cost Residential 9-19 units $0.1485/sf $0.1485/sf "B-g" Cost Residential 2-8 units $0.14851sf $0.1485/sf "B-h" Cost Single family residential $240 flat rate $240 flat rate "B-i" Cost Residential Condo $240 flat rate $240 flat rate "C" Cost All except SFR and condos $1.8264/LF $1.8264/LF Since the PBID is planned for a five year term, maximum assessments for future years (Years 2 through 5) must be set at the inception of the PBID. A maximum annual flat rate increase of 5% may be imposed each year, subject to approval by the PBID Board. 9 13330 Buttemere Rd • Phelan CA 92371 • (76o) 868-9963 • (fax) (76o) 868-6490 • mred2@earthlink.net Edward Henning & Associates URBAN REVITALIZATION • FUNDING Step 8. Spread the Assessments The resultant assessment spread calculations for each parcel within the PBID are shown in an attachment to the District Management Plan and were determined by applying the District assessment formula to each identified benefiting property. This list of all identified benefiting parcels in the PBID delineates each parcel and benefit units for property street frontage and parcel area. 10 13330 Buttemere Rd • Phelan CA 92371 • (760) 868-9963 • (fax) (760) 868-6490 • mred2@earthlink.net Edward Henning & Associates URBAN REVITALIZATION • FUNDING EDWARD HENNING & ASSOCIATES Edward Henning and Associates is a multi -disciplined consulting firm offering a diverse range of community development and funding services focusing on downtown business districts and the unique problems and opportunities associated with center city areas. Types of services provided • Business Improvement District (BID & PBID) Formations, Modifications, Expansions, Updates • Prop 218 Assessment Engineering Analyses and Reports (Licensed Engineer) • Downtown Revitalization Plans/Redevelopment Planning and Implementation • Establish/Administer/Field Supervision for Rehabilitation Programs and Projects • Architectural Design Guidelines/ Sign Ordinances Partial list of agencies and clients represented • Town of Apple Valley • City of Berkeley • City of Buena Park • City of Culver City • City of Huntington Park • City of Huntington Beach • City of Los Angeles - Gateway to LAX - Historic Downtown Core - Hollywood District - Melrose/Fairfax — Larchmont - Los Feliz - San Fernando Valley (6 areas) - San Vicente - Wilshire Center • City of Monterey Park • City of Napa • City of Newport Beach • City of Ontario (Downtown) • City of Oxnard • City of Pasadena • Placer County (Tahoe City) • City of San Francisco (Union Square) - City of Vacaville • City of Whittier • City of Yucaipa PBID Formation (Village) BID Formation (Downtown) BID Formation Analysis (Auto Row & Entertainment Corridor) BID Formation (Downtown) BID Formation (Pacific Blvd.) BID Formation (Auto Row District) PBID Formation & Renewal (Prop 218 Compliance) PBID Formation (Prop 218 Compliance) PBID Formation (Prop 218 Compliance) PBID Formation (Prop 218 Compliance) PBID Formation & Renewal BID Formation PBID Formation (Prop 218 Compliance) Private Sector PBID Formation Hybrid BID/PBID Formation BID Modification (Downtown) PBID Formation (Downtown) BID Advising BID Modification PBID Formation (Downtown) PBID Formation (Playhouse District) Citywide Tourist Improvement District (1'l )) PBID Formation (Downtown) PBID Formation (Prop 218 Compliance) BID Formation (Downtown) Citywide Tourist Improvement District Evaluation (TID) BID Modification (Uptown) PBID Formation & Renewal(Uptown) 11 13330 Buttemere Rd • Phelan CA 92371 • (76o) 868-9963 • (fax) (76o) 868-6490 • mred2@earthlink.net MEETING DATE August 3, 2004 City of National City, California COUNCIL AGENDA STATEMENT *REFER TO ITEM #17 AGENDA ITEM NO. 23 ITEM TITLE A Resolution of the City Council Amending the General Plan and Housing Element Regarding Higher Density Residential Development in Tourist, General, Medium and Heavy Commercial Zones and Related Development Standards (Applicant: Bay Canyon Development Co. LLC) (Case File no. GP-2003-6) PREPARED BY EXT. Roger Pos , 336 4310 DEPARTMENT Planning EXPLANATION The City Council held a public hearing on this item at the July 20, 2004 meeting and voted to approve the amendment to allow higher density residential development in several commercial zones. The amendment affects the General Plan and Housing Element, as well as Title 18 (Zoning) of the Municipal Code. The attached resolution is needed to amend the General Plan and Housing Element. An ordinance amending the affected portions of the Municipal Code will be introduced on this same agenda. r Environmental Review X N/A Mitigated Negative MIS Approval Declaration Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the proposed Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution Resolution No. A-200 (Rev. 7/03) RESOLUTION NO. 2004 —149 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING AN AMENDMENT TO THE GENERAL PLAN AND HOUSING ELEMENT REGARDING HIGHER DENSITY RESIDENTIAL DEVELOPMENT IN TOURIST, GENERAL, MEDIUM AND HEAVY COMMERCIAL ZONES AND RELATED DEVELOPMENT STANDARDS APPLICANT: BAY CANYON DEVELOPMENT CO. LLC CASE FILE NOS. GP-2003-6 WHEREAS, the City Council considered the recommendation and findings of the Planning Commission for approval of an amendment to the General Plan and Housing Element regarding higher density residential development in Tourist, General, Medium and Heavy Commercial Zones and related development standards, along with evidence and testimony presented at the duly advertised public hearing held by the City Council on July 20, 2004; and WHEREAS, the Planning Commission and City Council have caused and duly held studies and proceedings for the timely amendment to the General Plan of the City of National City, pursuant to Title 7, Chapter 3, Article 6 of the Govemment Code of the State of Califomia, and WHEREAS, the Planning Commission at a duly advertised public hearing held on June 21, 2004 considered the proposed amendment to the General Plan and Housing Element of the City of National City, along with all evidence and ,testimony presented at said hearing, and along with the proposed Mitigated Negative Declaration together with any comments received; and WHEREAS, the City Council recognizes the need and desirability to conduct reviews of, and consider amendments to, the General Plan to accommodate the changing needs of the community. NOW, THEREFORE, BE IT RESOLVED that the City Council has considered the proposed Mitigated Negative Declaration No. IS-2004-5, together with any comments received during the public review process, and finds on the basis of the whole record (including the Initial Study and any comments received) that there is no substantial evidence that the project will have a significant effect on the environment and that the Mitigated Negative Declaration reflects the City's independent judgment and analysis, and hereby approves the Mitigated Negative Declaration and authorizes the filing of a Notice of Determination. BE IT FURTHER RESOLVED that the City Council finds that the proposed amendment is in the public interest and is consistent with General Plan and Housing Element policies, since it will increase the potential for the City to meet the state housing production requirements, and since the General Plan encourages higher Resolution No. 2004 —149 August 3, 2004 Page Two density residential development near commercial development along major roadways. The amendment will not affect the following findings made for certification of the Housing Element: 1. The updated Housing Element substantially complies with the provisions of Article 10.6 of the Califomia Govemment Code, including addressing the needs of all income levels. 2. The City has met its fair share of the regional housing needs for the 1991-1999 Housing Element cycle, as determined by the San Diego Association of Govemments. City and SANDAG records show that the City assisted 396 lower income households between 1991 and 1996, or more than ten times its fair share for the Housing Element cycle. 3. The updated Housing Element addresses the dispersion of lower income housing within the City. The Element contains housing goals, policies and programs to achieve a wide variety of housing throughout the City. This is consistent with the criterion that there be additional opportunities for affordable housing not only in areas within the City where concentrations of lower income households already exist, taking into account the availability of necessary public facilities and infrastructure. 4. No City actions or policies prevent the development of the identified sites pursuant to California Govemment Code Section 65583, or accommodation of the City's share of the total regional housing need, pursuant to Section 65584. As documented in the updated Housing Element, the City has sufficient vacant land for construction of housing needed for all household income levels, in accordance with estimates adopted by the San Diego Regional Association of Govemments. No govemmental constraints have been identified that would limit construction on the properties affordable to all household income levels. BE IT FURTHER RESOLVED that the City Council hereby amends the Housing Element to read as follows: Section 4.0 Contraints on Housing Production/Govemmental Constraints/Land Use Controls/Paragraph two (2): Additionally, residential uses are also permitted in the Commercial Limited, Commercial Tourist, Commercial General, Commercial Medium and Commercial Heavy Zones. Single-family units are allowed in these zones by right, whereas two-family and multi- family developments are permitted subject to a conditional use permit. Multi -family Resolution No. 2004 — 149 August 3, 2004 Page Three residential uses in Commercial Tourist, Commercial General, Commercial Medium and Commercial Heavy Zones can achieve a maximum density of 34.8 units per acre, and 22.9 units per acre in the Commercial Limited zone. Section 4.0 Constraints on Housing Production/Govemmental Constraints/Residential Development Standards/1. Open Space Requirements The City of National City requires that apartment projects and development in the Single -Family Extendable Zone provide usable open space such as common areas and recreational areas. Common areas and recreation areas may be covered and include such uses as patios and swimming pools. The minimum open space square footage is shown in Table 17. These are typical zoning requirements and are not considered excessive. Section 4.0 Constraints on Housing Production/Table 17 Usable Open Space Required for Multi -Family Extendable is 300 square feet per unit. Section 4.0 Constraints on Housing Production/Governmental Constraints/Provisions for a Variety of Housing Types/ 1. Multi -Family Rental Housing Nearly half of the housing in National City is multiple -family housing. The City's zoning ordinance provides for multiple -family units in the following zones: Two -Family (RT), Multi -Family Extendable (RM-1), Multi -Family Limited (RM-2), Senior Citizen Housing (RM-3), Commercial Tourist (CT), Commercial Limited (CL), Commercial General (CG), Commercial Medium (CM), Commercial Heavy (CH). Section 5.0 Housing Resources/Availability of Sites for Housing Development/Underutilized Sites/Paragraphs three (3) The City's CL, CT, CG, CM and CH commercial zones also provide additional potential for housing since the Mixed Use Ordinance allows housing in these zones. BE IT FURTHER RESOLVED that the City Council amends the General Plan to read as follows: Chapter IV Housing/General Plan Map/Paragraph two (2) In addition, residential uses are permitted in the CL, CT, CG, CM and CH commercial zones, except in the Coastal Zone, and in the MLR manufacturing zone. These are described in the Economic Development Chapter. Resolution No. 2004 —149 August 3, 2004 Page Four Chapter IV Housing/General Plan Map/Population Density And Building Intensity (Table) Remove CT and CG from the row with CL. Insert a row with CT, CG, CM and CH. The new row shall include (from left to right) multi -family, 2.98, 1,250, 34.8, 72.6. Chapter V Economic Development/General Plan Map/Commercial-General Commercial, Medium Commercial, Tourist Commercial and Heavy Commercial General Commercial: Permits high intensity commercial and complementary development along major roadways and in community shopping complexes. This designation also provides for compatible residential development limited to no more than one unit per 1,250 square feet of lot area (also referenced in the Housing Chapter). Medium Commercial: Designated mainly along National City Boulevard, north of 16th Street, intended for smaller scale mixed -commercial uses; the area is characterized by small properties with high lot coverage. This designation also provides for compatible residential development limited to no more than one unit per 1,250 square feet of lot area (also referenced in the Housing Chapter). Tourist Commercial: Located near freeway interchanges and next to the City's Bayfront, these areas provide services, goods and accommodations for visitors Except in the Coastal Zone, this designation also provides for compatible residential development, limited to no more than one unit per 1,250 square feet of lot area (also referenced in the Housing Chapter). Heavy Commercial Located mainly near the central and southem portions of National City Boulevard, and provides specialized services and repairs, and limited manufacturing. Except in the Coastal Zone, this designation also provides for compatible residential development, limited to no more than one unit per 1,250 square feet of lot area (also referenced in the Housing Chapter). PASSED and ADOPTED this 3`d day of August, 2004. Nick Inzunza, Mayor ATTEST: APPROVED AS TO FORM: Michael Dalla, City Clerk George H. Eiser, III, City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 3, 2004 *REFER TO ITEM #25 24 AGENDA ITEM NO. i'ITEM TITLE RESOLUTION ORDERING THE SUBMISSION OF A PROPOSITION TO THE QUALIFIED VOTERS OF THE CITY OF NATIONAL CITY AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 2, 2004, RELATING TO AN ORDINANCE IMPOSING A TERM LIMIT FOR THE OFFICE OF CITY COUNCILMEMBER PREPARED Y George H. Eiser, Ill 1"DEPARTMENT City Attorney (Ext. 4221) EXPLANATION At the July 20 City Council meeting, the City Council approved in concept the placement of two ballot measures on the November 2, 2004 ballot, one measure submitting to the voters the question of a two -term limit for the Office of Mayor, and the other measure submitting to the voters the question of a three -term limit for the Office of City Councilmember. The term limits, if approved, would be added as sections of the Municipal Code. This agenda item pertains only to the Office of City Councilmember. The proposed term limit measure would impose a limit of three consecutive terms. An individual, after completing three consecutive terms as City Councilmember, would immediately be eligible to seek nomination and election as Mayor. Said individual would be eligible to again seek nomination and election as Councilmember after one (1) election cycle following the termination of the third term for Councilmember has elapsed (i.e., two years). Any person appointed by the City Council or elected in a special election for the balance of a regular term of Councilmember for two years or less would be eligible to serve two full terms thereafter. The term limit would apply prospectively to full -terms commencing after the November 2, 2004 election. Section 36502(b) of the Califomia Govemment Code authorizes the imposition of term limits for the offices of Mayor and City Councilmember, subject to the approval of a majority of the voters voting on the measure. If approved be the voters, the term limits can later be repealed only by a vote of the people. The proposed resolution would submit to the voters the question of a term limit for the Office of City Councilmember, as described above. CEnvironmental Review N/A Financial Statement ApprovedBY: Finance Director Sufficient funds are available to place the measures on the ballot. Account No. STAFF RECOMMENDATION Adopt resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Proposed Resolution Proposed Ordinance Amending Municipal Code Resolution No. A-200 (9/99) RESOLUTION NO. 2004 —150 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ORDERING THE SUBMISSION OF A PROPOSITION TO THE QUALIFIED VOTERS OF THE CITY OF NATIONAL CITY AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 2, 2004, RELATING TO AN ORDINANCE IMPOSING A TERM LIMIT FOR THE OFFICE OF CITY COUNCILMEMBER WHEREAS, the City Council of the City of National City desires to submit to the qualified voters of the city at the general municipal election to be held on November 2, 2004, a proposed ordinance imposing a term limit for the Office of City Councilmember; and WHEREAS, the City Council is thereupon authorized and directed by statute to submit the proposed ordinance to the qualified voters. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That pursuant to the requirements of the laws of the State of Califomia relating to General Law Cities, the following question shall be submitted to the qualified voters of the city at the General Municipal Election to be held on November 2, 2004: Shall an ordinance be adopted imposing a term limit of three (3) consecutive terms for the Office of City Councilmember? Yes No Section 2. That the above proposed ordinance to be submitted to the voters is attached hereto as Exhibit "A" and incorporated herein by reference. Section 3. That the ballots to be used at the election shall be in the form and content as required by law. Section 4. That the City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphemalia that may be necessary in order to properly and lawfully conduct and election. Section 5. That the polls for the election shall be open at seven o'clock a.m. of the day of the elections and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed, except as provided in Section 14401 of the Election Code of the State of California. Resolution No. 2004 —150 August 3, 2004 Page Two Section 6. That in all particulars not recited in this resolution, the elction shall be held and conducted as provided by law for holding municipal elections. Section 7. That notice of the time and place of holding said election is given and the City Clerk is aurthorized, instructed and directed to give such further or additional notice of the election in time, form and manner as required by law. PASSED and ADOPTED this 3`d day of August, 2004. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 3, 2004 *REFER TO ITEM #24 25 AGENDA ITEM NO. (-ITEM TITLE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE FILING OF AN IMPARTIAL ANALYSIS AND WRITTEN ARGUMENTS RELATING TO A MEASURE IMPOSING A TERM LIMIT FOR THE OFFICE OF COUNCILMEMBER, AND REQUESTING COUNTY SERVICES PREPARED BY George H. Eiser, III DEPARTMENT City Attorney (Ext. 4221) EXPLANATION Section 9282 of the Election Code provides that the City Council, or councilmember authorized by the City Council, or any eligible voter, or an association of citizens, or a combination of voters and associations, may file a written argument for or against a measure. The written argument may not exceed 300 words in length. Up to five signatures may appear on the written argument. As with the impartial analysis, submittal of ballot arguments is discretionary with the City Council. Section 9285 of the Elections Code authorizes the filing of rebuttal arguments by those filing arguments in support of and in opposition to a measure. However, the City Council, pursuant to Resolution No. 2001-191, took action to preclude the filing of rebuttal arguments. This action will remain in effect until such time as Resolution No. 2001-191 is repealed. Environmental Review X N/A Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution Resolution No. A-200 (9/99) RESOLUTION NO. 2004 —151 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE FILING OF AN IMPARTIAL ANALYSIS AND WRITTEN ARGUMENTS RELATING TO A MEASURE IMPOSING A TERM LIMT FOR THE OFFICE OF COUNCILMEMBER, AND REQUESTING COUNTY SERVICES WHEREAS, the City Council has passed a Resolution entitled "Resolution of the City Council of the City of National City Ordering the Submission of a Proposition to the Qualified Voters of the City of National City at the General Municipal Election to be held on November 2, 2004, Relating to an Ordinance Imposing a Term Limit for the Office of Councilmember"; and WHEREAS, the City Council desires that the election called under the Resolution be consolidated with any other election to occur on November 2, 2004, in the territory of the City and that said proposition be included on the ballot for said election; and WHEREAS, Section 9280 of the Califomia Elections Code authorizes the filing of an impartial analysis and Sections 9281-9283 of said Code authorize the filing of written arguments for or against any ballot proposition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, AS FOLLOWS: Section 1. Request to County to Conduct Election. The Board of Supervisors of the County of San Diego and the San Diego County Registrar of Voters, are hereby requested and authorized to properly and lawfully hold and conduct a municipal election in the City on November 2, 2004, pursuant to the Resolution, including but not restricted to the providing and printing of ballots and polling place cards, election supplies, voting booths, flags, registration lists and any other materials and services required to lawfully conduct the election. Section 2. Authorization to File Written Argument. The Mayor and City Council, or their designee, are hereby authorized to prepare and file a written argument for the proposition to be submitted at said ,municipal election. All written arguments for or against the proposition shall not exceed 300 works in length and shall otherwise conform to and comply with all applicable provisions of the California Elections Code. The deadline date for the submittal of arguments, in favor or in opposition, shall be as required by the City Clerk under Section 9286 of the California Elections Code. Section 3. City Attorney's Impartial Analysis. The City Clerk is hereby directed to submit to the City Attorney a certified copy of the Resolution. The City Attorney is hereby authorized and directed to prepare an impartial analysis of the proposition specified in the Ordinance showing the effect of the measure on the existing law and the Resolution No. 2004 —151 August 3, 2004 Page Two operation of the measure, said analysis to be submitted by the City Attorney to the City Clerk for printing before the arguments for and against the measure. The analysis shall not exceed 500 words in length and shall otherwise comply in all respects with the applicable provisions of the Califomia Elections Code. The deadline date for submittal of the analysis shall be as required by the City Clerk. Section 4. Consolidation; Manner of Conducting Election. The election hereby called for November 2, 2004, is hereby ordered consolidated with any other election to be held within the City on said date. The election shall be held and conducted, election officers appointed, voting precincts designated, ballots printed, polls opened and closed, ballots counted, and retumed, returns canvassed, results declared, and all other proceedings incidental to and connected with the election shall be regulated and done in accordance with the provisions of law regulating the election as specified herein. The Board of Supervisors of San Diego County and the San Diego County Registrar of Voters, are hereby requested to order the consolidation of the municipal election hereby called with any other election to be held within the City on said date and that said election be held in all respects as if there were only one election. Section 5. Consolidation; Cost. The City of National City recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any such costs. PASSED and ADOPTED this 3`d day of August, 2004. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 3, 2004 *REFER TO ITEM #27 AGENDA ITEM NO. 26 /ITEM TITLE RESOLUTION ORDERING THE. SUBMISSION OF A PROPOSITION TO THE QUALIFIED VOTERS OF THE CITY OF NATIONAL CITY AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 2, 2004, RELATING TO AN ORDINANCE IMPOSING A TERM LIMIT FOR THE OFFICE OF MAYOR PREPARED BY EXPLANATION George H. Eiser, III PlIti DEPARTMENT City Attorney (Ext. 4221) At the July 20 City Council meeting, the City Council approved in concept the placement of two ballot measures on the November 2, 2004 ballot, one measure submitting to the voters the question of a two -term limit for the Office of Mayor, and the other measure submitting to the voters the question of a two -term limit for the Office of City Councilmember. The term limits, if approved, would be added as sections of the Municipal Code. This agenda item pertains only to the Office of Mayor. The proposed term limit measure would impose a limit of two consecutive terms. An individual, after completing two consecutive terms as Mayor, would immediately be eligible to seek nomination and election as a member of the City Council. Said individual would be eligible to again seek nomination and election as Mayor after one (1) election cycle following the termination of the second term for Mayor has elapsed (i.e., four years). Any person appointed by the City Council or elected in a special election for the balance of a regular term of Mayor for less than two years or less would be eligible to serve two full terms thereafter. The term limit would apply prospectively to full -terms commencing after the November 2, 2004 election. Section 36502(b) of the California Government Code authorizes the imposition of term limits for the offices of Mayor and City Councilmember, subject to the approval of a majority of the voters voting on the measure. If approved be the voters, the term limits can later be repealed only by a vote of the people. The proposed resolution would submit to the voters the question of a term limit for the Office of Mayor, as described above. CEnvironmental Review Financial Statement X N/A Approved Bin Sufficient funds are available to place the measures on the ballot. Finance Director Account No. STAFF RECOMMENDATION Adopt resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below Proposed Resolution Proposed Ordinance Amending Municipal Code Resolution No. A-200 (9/99) RESOLUTION NO. 2004 —152 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ORDERING THE SUBMISSION OF A PROPOSITION TO THE QUALIFIED VOTERS OF THE CITY OF NATIONAL CITY AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 2, 2004, RELATING TO AN ORDINANCE IMPOSING A TERM LIMIT FOR THE OFFICE OF MAYOR WHEREAS, the City Council of the City of National City desires to submit to the qualified voters of the city at the general municipal election to be held on November 2, 2004, a proposed ordinance imposing a term limit for the Office of Mayor; and WHEREAS, the City Council is thereupon authorized and directed by statute to submit the proposed ordinance to the qualified voters. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That pursuant to the requirements of the laws of the State of California relating to General Law Cities, the following question shall be submitted to the qualified voters of the city at the General Municipal Election to be held on November 2, 2004: Shall an ordinance be adopted imposing a term limit of two consecutive terms for the Office of Yes No Mayor? Section 2. That the above proposed ordinance to be submitted to the voters is attached hereto as Exhibit "A" and incorporated herein by reference. - Section 3. That the ballots to be used at the election shall be in the form and content as required by law. Section 4. That the City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphemalia that may be necessary in order to properly and lawfully conduct and election. Section 5. That the polls for the election shall be open at seven o'clock a.m. of the day of the elections and shall remain open continuously from that time until eight o'clock p.m. of the same day when the polls shall be closed, except as provided in Section 14401 of the Election Code of the State of California. Resolution No. 2004 152 August 3, 2004 Page Two Section 6. That in all particulars not recited in this resolution, the elction shall be held and conducted as provided by law for holding municipal elections. Section 7. That notice of the time and place of holding said election is given and the City Clerk is aurthorized, instructed and directed to give such further or additional notice of the election in time, form and manner as required by law. PASSED and ADOPTED this 3`d day of August, 2004. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney ORDINANCE NO. 2004 — AN ORDINANCE OF THE PEOPLE OF NATIONAL CITY AMENDING TITLE 2 OF THE NATIONAL CITY MUNICIPAL CODE BY ADDING THERETO CHAPTER 2.72 PERTAINING TO A TERM LIMIT FOR THE OFFICE OF MAYOR The People of the City of National City do ordain as follows: Section 1. That Chapter 2.72 is hereby added to the National City Municipal Code, to read as follows: Chapter 2.72 TERM LIMIT FOR THE OFFICE OF MAYOR Sections: 2.72.010 Term limit for the office of Mayor 2.72.010 Term limit for the office of Mayor. No person shall be eligible for nomination and election to the office of Mayor for more than two (2) consecutive terms, and no person who has held the office of Mayor for two (2) consecutive terms, may again seek nomination and election to the office of Mayor until one (1) election cycle following the termination of the second term for Mayor has elapsed; provided, however, that any person who is appointed by the City Council to fill the office of Mayorbr elected in a special election for the balance of a regular term of Mayor for a period of two (2) years or Tess may seek nomination and election for two (2) full terms thereafter. This Section shall apply prospectively to full terms commencing after the November 2, 2004 general municipal election. PASSED and ADOPTED this 2nd day of November, 2004. Nick Inzunza, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk George H. Eiser, III City Attorney 2004 Ordinance Exhibit "A" City of National City, California COUNCIL AGENDA STATEMENT *REFER TO ITEM #26 MEETING DATE August 3, 2004 AGENDA ITEM NO. 27 /ITEM TITLE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE FILING OF AN IMPARTIAL ANALYSIS AND WRITTEN ARGUMENTS RELATING TO A MEASURE IMPOSING A TERM LIMIT FOR THE OFFICE OF MAYOR, AND REQUESTING COUNTY SERVICES PREPARED BY George H. Eiser, III P " DEPARTMENT City Attomey (Ext. 4221) EXPLANATION Section 9282 of the Election Code provides that the City Council, or councilmember authorized by the City Council, or any eligible voter, or an association of citizens, or a combination of voters and associations, may file a written argument for or against a measure. The written argument may not exceed 300 words in length. Up to five signatures may appear on the written argument. As with the impartial analysis, submittal of ballot arguments is discretionary with the City Council. Section 9285 of the Elections Code authorizes the filing of rebuttal arguments by those filing arguments in support of and in opposition to a measure. However, the City Council, pursuant to Resolution No. 2001-191, took action to preclude the filing of rebuttal arguments. This action will remain in effect until such time as Resolution No. 2001-191 is repealed. Environmental Review X N/A Financial Statement N/A STAFF RECOMMENDATION Adopt resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution A -zoo (9/999) Approved By: Finance Director Account No. Resolution No. RESOLUTION NO. 2004 — 153 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE FILING OF AN IMPARTIAL ANALYSIS AND WRITTEN ARGUMENTS RELATING TO A MEASURE IMPOSING A TERM LIMIT FOR THE OFFICE OF MAYOR, AND REQUESTING COUNTY SERVICES WHEREAS, the City Council has passed a Resolution entitled "Resolution of the City Council of the City of National City Ordering the Submission of a Proposition to the Qualified Voters of the City of National City at the General Municipal Election to be held on November 2, 2004, Relating to an Ordinance Imposing a Term Limit for the Office of Mayor"; and WHEREAS, the City Council desires that the election called under the Resolution be consolidated with any other election to occur on November 2, 2004, in the territory of the City and that said proposition be included on the ballot for said election; and WHEREAS, Section 9280 of the California Elections Code authorizes the filing of an impartial analysis and Sections 9281-9283 of said Code authorize the filing of written arguments for or against any ballot proposition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, AS FOLLOWS: Section 1. Request to County to Conduct Election. The Board of Supervisors of the County of San Diego and the San Diego County Registrar of Voters, are hereby requested and authorized to properly and lawfully hold and conduct a municipal election in the City on November 2, 2004, pursuant to the Resolution, including but not restricted to the providing and printing of ballots and polling place cards, election supplies, voting booths, flags, registration lists and any other materials and services required to lawfully conduct the election. Section 2. Authorization to File Written Argument. The Mayor and City Council, or their designee, are hereby authorized to prepare and file a written argument for the proposition to be submitted at said municipal election. All written arguments for or against the proposition shall not exceed 300 works in length and shall otherwise conform to and comply with all applicable provisions of the Califomia Elections Code. The deadline date for the submittal of arguments, in favor or in opposition, shall be as required by the City Clerk under Section 9286 of the California Elections Code. Section 3. City Attomey's Impartial Analysis. The City Clerk is hereby directed to submit to the City Attorney a certified copy of the Resolution. The City Attorney is hereby authorized and directed to prepare an impartial analysis of the proposition specified in the Resolution showing the effect of the measure on the existing law and the operation of the measure, said analysis to be submitted by the City Attorney Resolution No. 2004 — 153 August 3, 2004 Page Two to the City Clerk for printing before the arguments for and against the measure. The analysis shall not exceed 500 words in length and shall otherwise comply in all respects with the applicable provisions of the Califomia Elections Code. The deadline date for submittal of the analysis shall be as required by the City Clerk. Section 4. Consolidation; Manner of Conducting Election. The election hereby called for November 2, 2004, is hereby ordered consolidated with any other election to be held within the City on said date. The election shall be held and conducted, election officers appointed, voting precincts designated, ballots printed, polls opened and closed, ballots counted, and retumed, retums canvassed, results declared, and all other proceedings incidental to and connected with the election shall be regulated and done in accordance with the provisions of law regulating the election as specified herein. The Board of Supervisors of San Diego County and the San Diego County Registrar of Voters, are hereby requested to order the consolidation of the municipal election hereby called with any other election to be held within the City on said date and that said election be held in all respects as if there were only one election. Section 5. Consolidation; Cost. The City of National City recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any such costs. PASSED and ADOPTED this 3n' day of August, 2004. Nick Inzunza, Mayor ATTEST: Michael Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 3, 2004 *Enka TO ITEM #18 AGENDA ITEM NO. 28 /ITEM TITLE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE FILING OF AN IMPARTIAL ANALYSIS AND WRITTEN ARGUMENTS RELATING TO PUBLIC SAFETY FACILITIES BOND ELECTION, REQUESTING COUNTY SERVICES, AND ADDING STATEMENT TO BOND MEASURE PREPARED BY EXPLANATION George H. Eiser, III O DEPARTMENT (Ext. 4221) Please see attached memorandum. City Attorney i Environmental Review ♦ N/A Financial Statement Approved By: Finance Director N/A Account No. STAFF RECOMMENDATION Adopt resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Memorandum Resolution Resolution No. A-200 (9199) City of National City Office of the City Attorney 1243 National City Boulevard, National City, CA 91950-4301 George H. Eiser, al! • City Attorney (619) 336-4220 -Fax (619) 336-4327 TDD (619) 336-1615 TO: Mayor and City Council DATE: July 22, 2004 FROM: City Attorney SUBJECT: General Obligation Bond. for Public Safety Facilities; Accountability Statement; Impartial Analysis; Ballot Arguments Now that the City Council has acted to place a measure on the ballot for the approval of a general obligation bond for public safety facilities, additional actions must be considered pertaining to ballot materials. These materials consist of a bond accountability statement, an impartial analysis, and ballot arguments. Bond Accountability Statement Sections 53410-53412 of the California Government Code provide that pertain "bond accountability" provisions be added to a bond measure. These provisions include the following for inclusion in the bond measure, to be printed in the voter pamphlet: a) a statement indicating the specific purposes of the bond b) a requirement that the proceeds be applied only to the specific purposes identified in the statement c) the creation of an account into which the bond proceeds shall be deposited d) an annual report prepared by the City Treasurer no later than __January 1 of each year, containing the following: (1) the amount of funds collected and expended (2) the status of any project required or authorized to be funded The proposed resolution contains a section directing compliance with the above requirements. ® Recycled Paper IMPARTIAL ANALYSIS Section 9280 of the California Elections Code authorizes the City Council to direct the City Attorney to prepare an impartial analysis of the bond measure, not to exceed 500 words in length. The impartial analysis shall show the effect of the measure on existing law and the operation of the measure. Preparation of the impartial analysis is discretionary with the City Council. An impartial analysis was prepared for the library bond measure which was voted on and approved in March, 2002. WRITTEN ARGUMENT Section 9282 of the Election Code provides that the City Council, or councilmember authorized by the City Council, or any eligible voter, or an association of citizens, or a combination of voters and associations, may file a written argument for or against a measure. The written argument may not exceed 300 words in length. Up to five signatures may appear on the written argument. As with the impartial analysis, submittal of ballot arguments is discretionary with the City Council. Section 9285 of the Elections Code authorizes the filing of rebuttal arguments by those filing arguments in support of and in opposition to a measure. However, the City Council, pursuant to Resolution No. 2001-191, took action to preclude the filing of rebuttal arguments. This action will remain in effect until such time as Resolution No. 2001-191 is repealed. GHE/gmo GEORGE H. EISER, III City Attorney 2 RESOLUTION NO. 2004 — 154 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE FILING OF AN IMPARTIAL ANALYSIS AND WRITTEN ARGUMENTS RELATING TO PUBLIC SAFETY FACILITIES BOND ELECTION, REQUESTING COUNTY SERVICES, AND ADDING STATEMENT TO BOND MEASURE WHEREAS, the City Council has passed its Ordinance entitled "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 and Construction of a New City Public Safety Facilities, and the Modernization of Existing Public Safety Facilities to the Qualified Voters of the City of National City at the General Municipal Election to be held on November 2, 2004" (the "Ordinance"); and WHEREAS, the City Council desires that the election called under the Ordinance be consolidated with any other election to occur on November 2, 2004, in the territory of the City and that said proposition be included on the ballot for said election; and WHEREAS, Section 9280 of the California Elections Code authorizes the filing of an impartial analysis and Sections 9281-9283 of said Code authorize the filing of written arguments for or against any ballot proposition; and WHEREAS, Section 53410 et seq. of the Govemment Code regf ires that certain "Bond Accountability" provisions be added to the bond measure approved by the Ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, AS FOLLOWS: Section 1. Request to County to Conduct Election. The Board of Supervisors of the County of San Diego and the San Diego County Registrar of Voters, are hereby requested and authorized to properly and lawfully hold and conduct a municipal election in the City on November 2, 2004, pursuant to the Ordinance, including but not restricted to the providing and printing of ballots and polling place cards, election supplies, voting booths, flags, registration lists and any other materials and services required to lawfully conduct the election. Section 2. Authorization to File Written Argument. The Mayor and City Council, or their designee, are hereby authorized to prepare and file a written argument for the proposition to be submitted at said municipal election. All written arguments for or against the proposition shall not exceed 300 works in length and shall otherwise conform to and comply with all applicable provisions of the Califomia Elections Code. The deadline date for the submittal of arguments, in favor or in opposition, shall be as required by the City Clerk under Section 9286 of the California Elections Code. Resolution No. 2004 —154 August 3, 2004 Page Two Section 3. City Attomey's Impartial Analysis. The City Clerk is hereby directed to submit to the City Attorney a certified copy of the Ordinance. The City Attomey is hereby authorized and directed to prepare an impartial analysis of the proposition specified in the Ordinance showing the effect of the measure on the existing law and the operation of the measure, said analysis to be submitted by the City Attorney to the City Clerk for printing before the arguments for and against the measure. The analysis shall not exceed 500 words in length and shall otherwise comply in all respects with the applicable provisions of the Califomia Elections Code. The deadline date for submittal of the analysis shall be as required by the City Clerk. Section 4. Consolidation; Manner of Conducting Election. The bond election hereby called for March 5, 2002, is hereby ordered consolidated with any other election to be held within the City .on said date. The election shall be held and conducted, election officers appointed, voting precincts designated, ballots printed, polls opened and closed, ballots counted, and retumed, returns canvassed, results declared, and all other proceedings incidental to and connected with the election shall be regulated and done in accordance with the provisions of law regulating the election as specified herein. The Board of Supervisors of San Diego County and the San Diego County Registrar of Voters, are hereby requested to order the consolidation of the municipal election hereby called with any other election to be held within the City on said date and that said election be held in all respects as if there were only one election. Section 5. Consolidation; Cost. The City of National City recognizes that additional costs will be incurred by the County by reason of this consolidation and agrees to reimburse the County for any such costs. Section 6. Accountability Requirements. In accordance with Sections 53410 and 53411 of the California Govemment Code, the City Council hereby approves the following language for inclusion in the full text of the bond measure to be printed in the voter pamphlet to be distributed to the registered voters in the City: Statement to be included in City of National City Public Safety Facilities Bond Measure: As required by Section 53410 of the Government Code, the following accountability measures are hereby made a part of the City of National City's Public Safety Facilities Bond Measure approved in the Ordinance (the "Measure"): a) The specific purpose of the bonds is to enable the City to acquire and construct new public safety facilities, and to modernize existing public safety facilities; Resolution No. 2004 —154 August 3, 2004 Page Three b) The proceeds from the sale of the City's bonds will be used only for the purposes specked in the Measure, and not for any other purpose; c) The proceeds of the Bonds will be deposited into a Project Fund to be held by the City Treasurer; and d) The Treasurer of the City shall file an annual report with the City Council of the City, commencing not later than November 1, 2005, and annually thereafter, which report shall contain pertinent information regarding the amount of funds collected and expended, as well as the status of the library project specified in the Measure. Section 6. Effective Date. This Resolution shall be effective upon its adoption. PASSED and ADOPTED this 3`d day of August, 2004. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 3, 2004 AGENDA ITEM NO. 29 /ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE REPORT REQUIRED BY CALIFORNIA HEALTH AND SAFETY CODE SECTION 5473, ET SEQ. PERTAINING TO COLLECTION OF SEWER SERVICE CHARGES ON THE TAX ROLL, DIRECTING THE CITY CLERK TO FILE SAID REPORT WITH THE SAN DIEGO COUNTY AUDITOR, AND DIRECTING THE FINANCE DIRECTOR TO CERTIFY WITH THE SAN DIEGO COUNTY AUDITOR THE "SEWER SERVICE CHARGE FUND" PREPARED BY EXPLANATION Pursuant to Ordinance No. 2003-2225, the City Council elected to have sewer service charges collected on the tax roll, as authorized by California Health and Safety Code Section 5473 et seq. California Health and Safety Code Section 5473 requires a report to be prepared each year and filed with the City Clerk, which report shall contain a description of each parcel of real property receiving sewer service and the amount of the sewer service charges for each parcel for the year. California Health and Safety Code Section 5473.4 provides that on or before August 10 of each year, the City Clerk shall file with the County Auditor a copy of the report prepared pursuant to Section 5473 with a statement endorsed on the report over his signature that the report has been adopted by the City Council, and the Auditor shall enter the amounts of the charges against the respective Tots or parcels of land as they appear on the current assessment roll. By approving the proposed resolution, the City Council would for 2004-2005 adopt the report required by California Health and Safety Code Section 5473, direct the report to be kept on file in the Office of the City Clerk, and direct the City Clerk to file a copy of the report with the County Auditor George H. Eiser Text. 4221) DEPARTMENT City Attorney Environmental Review X N/A Financial Statement N/A STAFF RECOMMENDATION Adopt resolution. BOARD / COMMISSION RECOMMENDATION N/A Approved By: Finance Director Account No. ATTACHMENTS ( Listed Below ) Proposed resolution Report is on file in the Office of the City Clerk A-200 (9/99) Resolution No. RESOLUTION NO. 2004 — 155 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE REPORT REQUIRED BY CALIFORNIA HEALTH AND SAFETY CODE SECTION 5473, ET SEQ. PERTAINING TO COLLECTION OF SEWER SERVICE CHARGES ON THE TAX ROLL, DIRECTING THE CITY CLERK TO FILE SAID REPORT WITH THE SAN DIEGO COUNTY AUDITOR, AND DIRECTING THE FINANCE DIRECTOR TO CERTIFY WITH THE SAN DIEGO COUNTY AUDITOR THE "SEWER SERVICE CHARGE FUND" (FY 2004-2005) WHEREAS, pursuant to Ordinance No. 2003-2225, the City Council of the City of National City elected to have sewer service charges collected on the tax roll, as authorized by California Health and Safety Code Section 5473 et seq.; and WHEREAS, California Health and Safety Code Section 5473 requires a report to be prepared each year and filed with the City Clerk, which report shall contain a description of each parcel of real property receiving sewer service and the amount of the sewer service charges for each parcel for the year; and WHEREAS, California Health and Safety Code Section 5473.4 provides that on or before August 10 of each year, the City Clerk shall file with the Auditor a copy of the report prepared pursuant to Section 5473 with a statement endorsed on the report over his signature that the report has been adopted by the City Council, and the Auditor shall enter the amounts of the charges against the respective lots or parcels of land as they appear on the current assessment roll. NOW, THEREFORE, BE IT RESOLVED that for FY 2004-2005 the City Council of the City of National City hereby adopts the Report required by Califomia Health and Safety Code Section 5473, et seq., directs that said report be kept on file in the Office of the City Clerk, and directs the City Clerk to file with the San Diego County Auditor a copy of the Report, with a statement that the Report has been adopted by the City Council. BE IT FURTHER RESOLVED that the Finance Direcotr is hereby directed to certify with the San Diego County Auditor the establishment of fund No. 6065-5, which shall be described as "Sewer Service Charge", and that said fund is hereby approved. PASSED and ADOPTED this 3rd day of August, 2004. ATTEST: Michael Dalla, City Clerk Nick Inzunza, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 3. 2004 AGENDA ITEM NO. 30 (-ITEM TITLE RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE REPORT REQUIRED BY CALIFORNIA HEALTH AND SAFETY CODE SECTION 5473, ET SEQ. PERTAINING TO COLLECTION OF DELINQUENT SEWER SERVICE CHARGES ON THE TAX ROLL, DIRECTING THE CITY CLERK TO FILE SAID REPORT WITH THE SAN DIEGO COUNTY AUDITOR, AND DIRECTING THE FINANCE DIRECTOR TO CERTIFY WITH THE SAN DIEGO COUNTY AUDITOR THE "DELINQUENT SEWER SERVICE CHARGE FUND" PREPARED BY George H. Eiser, III9DEPARTMENT City Attorney (ext. 4221) EXPLANATION Pursuant to Ordinance No. 2003-2225, the City Council elected to have current sewer service charges collected on the tax roll, as authorized by California Health and Safety Code Section 5473 et seq. That Section also authorizes collection of delinquent sewer service charges on the tax roll, if notice and hearing are first provided. Additionally, an account which is delinquent for 60 days may be collected by placement of a lien against the property for which sewer service was provided. The City Council has provided all required notice, and at a hearing held on July 6, 2004, considered the report on delinquent sewer service charge accounts. By Resolution No. 2004-108, adopted on June 15, 2004, the Council established a lien transfer fee of $288 for each delinquent account. By adopting the proposed resolution, the City Council would adopt the report required by California Health and Safety Code Section 5473 pertaining to collection of delinquent sewer service charges on the tax roll, direct the City Clerk to file said report with the County Auditor, and direct the Finance Director to certify with the County Auditor the "Delinquent Sewer Service Charge" Fund. Environmental Review X N/A Financial Statement N/A STAFF RECOMMENDATION Adopt resolution. BOARD / COMMISSION RECOMMENDATION N/A Approved By: Finance Director Account No. ATTACHMENTS ( Listed Below ) Report Proposed resolution. Resolution No. A-200 (9199) RESOLUTION NO. 2004 —156 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE REPORT REQUIRED BY CALIFORNIA HEALTH AND SAFETY CODE SECTION 5473, ET SEQ. PERTAINING TO COLLECTION OF DELINQUENT SEWER SERVICE CHARGES ON THE TAX ROLL, DIRECTING THE CITY CLERK TO FILE SAID REPORT WITH THE SAN DIEGO COUNTY AUDITOR, AND DIRECTING THE FINANCE DIRECTOR TO CERTIFY WITH THE SAN DIEGO COUNTY AUDITOR THE "DELINQUENT SEWER SERVICE CHARGE" FUND WHEREAS, pursuant to Ordinance No. 2003-2225, the City Council of the City of National City elected to have sewer service charges collected on the tax roll, as authorized by Califomia Health and Safety Code Section 5473 et seq.; and WHEREAS, California Health and Safety Code Section 5473 requires a report to be prepared each year and filed with the City Clerk, which report shall contain a description of each parcel of real property receiving sewer service and the amount of the sewer service charges for each parcel for the year, and WHEREAS, Califomia Health and Safety Code Section 5473.4 provides that on or before August 10 of each year, the City Clerk shall file with the Auditor a copy of the report prepared pursuant to Section 5473 with a statement endorsed on the report over his signature that the report has been adopted by the City Council, and the Auditor shall enter the amounts of the charges against the respective lots or parcels of land as they appear on the current assessment roll; and WHEREAS, California Health and Safety Code Section 5473a provides that delinquent sewer service charges ,may be collected on the tax roll by following the procedures described hereinabove, and by giving notice and holding a hearing as to such delinquencies; and WHEREAS, Califomia Health and Safety Code Section 5473.11 provides that sewer service charges constitute a lien against the lot or parcel of land for which the servce was provided if the charges remain delinquent for a period of 60 days; and WHEREAS, Califomia Health and Safety Code Section 5473.10 provides that the City may assess a penalty for unpaid charges, and Section 14.04.070 of the Municipal Code provides that the City may assess a lien transfer fee for delinquent sewer charges, to be set from time to time by resolution of the City Council; and WHEREAS, the City has complied with all notice and public hearing requirements for the collection of delinquent sewer service charges on the tax roll, and for the placement of liens against the lots orparcels of land for which sewer service was provided, and for which sewer service charges remained delinquent for a period of 60 days; and Resolution No. 2004 —156 Page Two August 3, 2004 WHEREAS, the City Council has considered the Report required by Califomia Helth and Safety Code Section 5473; and WHEREAS, the City Council has, pursuant to Resolution No. 2004-108, established a lien transfer fee of $288 fbr each delinquent sewer service charge account. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby adopts the Report required by California Health and Safety Code Section 5473, et seq., pertaining to the collection of delinquent sewer service charges, directs that said report be kept on file in the Office of the City Clerk, and directs the City Clerk to file with the San Diego County Auditor a copy of the Report, with a statement that the Report has been adopted by the City Council. BE IT FURTHER RESOLVED that the Director of Finance is hereby directed to certify with the San Diego County Auditor the establishment of Fund No. 6065-4, which shall be described as "Delinquent Sewer Service Charge", and that said Fund is hereby approved. PASSED and ADOPTED this 3`d day of August, 2004. Nick Inzunza, Mayor ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III, City Attorney FINAL BAD DEBT LIST FOR TAX ROLLS m.. k �i x ,{y y@, xit 9 k'` t S R89i8Y• A. ISLAS JORGE 5522821500 $408.03 RODRIGUEZ AIDA 5610131000 $459.45 HONORE SHIRLEY J. 5572610700 $938.00 GUEVARA PAUL 5570500500 $851.58 MONTUFAR SALVADOR 6692101900 $763.18 GURROLA ALBERTO 5562311900 $1,231.60 RODRIGUEZ RAMONA 5611603500 $325.50 HERNANDEZ ANA 5522830900 $326.09 SILVA ESPERANZA 6690711300 $326.82 CASTANEDA MIGUEL 5583103300 $327.64 GUTIERREZ GLORIA 5611541900 $331.19 WRIGHT NEIL 5572201700 $331.19 SANTOYO MARIO 5542640200 $334.55 SOTELO CARLOS 5644312300 $336.58 RINGER MICHAEL S 5613801600 $338.77 ARREOLA LEONOR 5570602700 $340.66 MERCADO JOSE L 5590640800 $347.22 SKATES GUADALUPE 5540302100 $355.12 RUIZ GUADALUPE 5612210900 $359.18 MENDOZA MARIA ELENA 5571401900 $361.72 CALDERON ENRIQUE A 5610900900 $367.62 LOPEZ JAIME 5610121400 $369.79 PERALTA EDWARD 5590220400 $376.89 DIAZ MARIANO 5541510200 $377.79 FLORES MARTIN 5640623600 $382.58 CRUZ ABACUC 5561020600 $392.87 SALAZAR JEANNETTE G 5564711200 $395.15 HERNANDEZ SARA 5573420800 $407.41 LARA JAIME 5563110400 $416.04 VALDERAMA RANDY 6691401000 $417.21 LEDGERWOOD MRS J 5612020100 $419.03 SHERMAN RICHARD 5610900200 $420.01 DELGADO GUADALUPE 5602210300 $424.87 GRACIA STELLA 5583102200 $441.84 ROBLES DORIS 6690721100 $441.85 PEREZ SEBASTIAN 5541121100 $477.50 BUTCHER KEVIN 5620401100 $478.93 Page 1 of 4 Printed: 7/27/2004 FINAL BAD DEBT LIST FOR TAX ROLLS wo VwWWU Ile Wll SANCHEZ MAYA| 5571010400 $48536 LOPEZ MR8M 5802811100 *488.90 C8DEN& MANUELG|LBERT 5800810300 $492.98 AD&ME GALVADDR 5611533500 $509.62 ONT|VERDG M|GUEL&|RMx 5523010800 $51040 SUMEZ , REYGS 5540430200 $515.93 MYERG STANTDNL 5640802000 $541.98 R/0' VERAA 5581021300 *555.57 MCFADEN BETTY 5630302500 $563.93 T0RoEG GENEV|EVE 5502101900 $580.44 AV|LA CARLQG 5515701400 *575.22 DEGEmHxRT CHARUES 5541703500 $596.13 8OMGZ V/VNES8A 5560100300 *611.24 PART|DA FRANQSCO 5812220800 $619.55 aCQ8TA ELVA 6692230400 $621.07 BENAV|DEG SaNT|GO 5044310300 $055.39 RUAm DOL0REG 5561020800 $888.31 GANCHEZ GUADALUpE 5572202900 $683.54 JA|ME oAN|EL 5530321400 $086.87 |VERGON CEL|aN 5523030700 *697.50 M0RTOm DEGG|E 5561032100 $708.79 08BOHN RANDY 5010530500 $728.96 RODR|GUEZ JENN|E 5012901400 $751�97 ANDRADE GQR|NA 5541530000 $770.80 CRGSP|N AVEL&&VICTOR 5644311100 *778.13 ANGCAYA PETE *779.18 MENDEZ JUANA 5821410300 *837.21 SMITH VEGS|EM 5522821800 $841.30 G|EGER SHIRLEY 5581201300 $842.02 8U|VAR* EwMANUEL 5611102100 $874.97 BENTON SUSANA 5013020500 $83136 GAmGOw ApOLON|O 55*0101800 $974.07 nFVxRACH0 PATRICIA &FRANK 5622800500 %982.85 SANC*Ez n0GA 5581030200 $885.55 AU6AREZ CEuA 5561804400 $1.042.08 80TO o*v|D 5012540600 $1.069.43 GUERRERO GUADALUPE 5582500e00 $1.089.1e Page 2 of 4 Printed: 7/27/2004 FINAL BAD DEBT LIST FOR TAX ROLLS r 3"y e tl 5562101500 $1,095.17 GAINOUS MARTHA C ARDILLA GILBERT 5573020100 $1,121.42 GUIVARA ERLINDA 5611102100 $1,136.35 GOAD SANDRA HALL 5561032200 $1,166.83 NGUYEN EDISON 5572803200 $1,200.00 BROSIER DAVID 0 5540120300 $1,225.59 RODRIGUEZ RAUL 5582500400 $1,263.18 DOMINGUEZ ARCENIO 6691730600 $1,263.18 BENAVIDES BENJAMIN 5542421100 $1,263.18 MENDOZA MARTIN & ANGELICA 5582601800 $1,263.18 WARREN CORNELLA 5522920100 $1,263.18 HERNANDEZ CARLOS 5570420100 $1,263.18 THOMAS GROVER C 5581030300 $1,263.18 APAN WILLIAM 5630617800 $1,263.18 JACKSON COYVELL 5644220400 $1,263.18 USHER JAMES A 5540810600 $1,263.18 MENDOZA ANTHONY 5541110400 $1,263.18 MINUTELLI THOMAS 5643102400 $1,263.18 CONTEMPRATO MELITOMIO 5524220200 $1,263.18 DELGADO MARIA 5611541600 $1,263.18 JUAREZ ABEL 5581610200 $1,263.18 CEVALLOS ANGELICA R 5522410900 $1,263.18 BONILLA JUAN 5602510700 $1,299.83 GUERRERO JOHN 5563342300 $1,299.83 GONZALEZ ENEIDA 5560103600 $1,299.83 PARTIDA FREDERICO 5560101900 $1,299.83 POLANCO MARTA 5560610100 $1,299.83 MONIES GINA 5600610700 $1,299.83 PANIAGUA MARGARET 5610300800 $1,299.83 BAEZ FRANCISCO 5612211300 $1,299.83 URIBE ANASTACIO 5562330600 $1,299.83 BUCIO LAHAINA 5560100900 $1,299.83 CONCHA ALBERTO 5603002700 $1,299.83 MOORE RICHARD AND ANGELA 5560610700 $1,299.83 CORNEJO CARLOS 5590320900 $1,299.83 ITURBE SALUD 5612611900 $1,306.20 LEYVA MARIA R 5610603100 $1,310.83 Page 3 of 4 Printed: 7/27/2004 FINAL BAD DEBT LIST FOR TAX ROLLS h� *ire ik �`�` s < i� �p` � 9 i aYm".F ,Y'4' ° � a am ,� i E L "�'^«i*.i ,}'� , , r P 41 RODRIGUEZ YADIRA 5565602600 $1,409.95 ANTIBUS JIM 5602911400 $1,804.46 MARQUEZ JOHN 5612210500 $2,174.60 LOYOLA JESUS 5601311300 $2,174.60 RICO JOSE 5620401300 $2,608.13 HOLLEY ESTATE OF EMMA HOLLEY 5560111800 $3,117.87 JOHNSON LANCE 5603001200 $3,656.44 KILLALEA N J 5560102400 $3,694.43 YOUNG ELIZABETH 5630616500 $3,924.38 ZAVALA NORMA 5562320700 $4,061.27 ORTIZ GABRIEL 5561050300 $4,061.27 HOLLEY ESTATE OF EMMA HOLLEY 5560112000 $5,004.25 RODRIGO R ROBLEDO 5601313500 $5,463.69 Total Parcels 44, 124 Page 4 of 4 Printed: 7/27/2004 MEETING DATE August 3, 2004 City of National City, California COUNCIL AGENDA STATEMENT 31 AGENDA ITEM NO. ITEM TITLE Resolution authorizing the Mayor to execute an agreement with EDAW, Inc. for \ preparation of the Westside Specific Plan at a cost of $176,675 (SP-2004-1) PREPARED BY Roger Post 33r6-4310 DEPARTMENT Planning EXT. EXPLANATION The City Council directed that the Planning Department solicit proposals from qualified firms for preparation of a specific plan for the Westside and that a selection committee review submittals and interview prospective firms. Proposals were received from four qualified firms. The selection committee, made up of citizens, staff and Mayor/Council representatives, interviewed them and recommended that a contract be negotiated with EDAW, Inc. with changes to include Teddy Cruz (architectural design) and Mariana Lopez (community outreach) in the planning team. This has been accomplished. The Community Development Commission previously directed that funds be transferred to the City to cover the costs for the consultant assistance. Changes in the project team have resulted in slightly increased costs. The need for additional funding is addressed in a separate Community Development Commission agenda statement. EDAW, Inc. is well qualified to complete required work. The firm has prepared similar plans for many other cities. Environmental Review X N/A MIS Approval Financial Statement The $176,675 cost for the contractor's services requires a Approved By: transfer of funds from the Community Development Commission. STAFF RECOMMENDATION Adopt the attached resolution. BOARD / COMMISSION RECOMMENDATION N/A Finance Director Account No. ATTACHMENTS ( Listed Below ) Resolution with Contract, and Contract Exhibits A, B and C Description of Project Team Resolution No. A-200 (Rev. 7/03) RESOLUTION NO. 2004 — 157 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH EDAW, INC. FOR PREPARATION OF THE WESTSIDE SPECIFIC PLAN AT A COST OF $176,675 CASE FILE NO. SP-2004-1 WHEREAS, the City desires to employ a contractor to provide planning services for the preparation of a specific plan for the Westside area of the city; and WHEREAS, the City has determined that EDAW, Inc. is a multidisciplinary land planning firm and is qualified by experience and ability to perform the services desired by the City, and EDAW, Inc. is willing to perform such services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute on behalf of the City an agreement with EDAW, Inc. to provide planning services for the preparation of a specific plan for the Westside area of the city. Said Agreement is on file in the office of the City Clerk. PASSED AND ADOPTED this 3`d day of August, 2004. Nick Inzunza, 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 EDAW. INC. THIS AGREEMENT is entered into this 3rd day of August 2004, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and EDAW, INC. (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide planning services for the preparation of a specific plan for the Westside area of the City. WHEREAS, the CITY has determined that the CONTRACTOR is a multidisciplinary firm with expertise in the areas of planning, urban design, landscape architecture, environmental services and economic development, 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 advance by the CITY. The CONTRACTOR shall appear at meetings cited in Exhibit A to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the 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 15% from the base amount. Revised August 2003 3. PROJECT COORDINATION AND SUPERVISION. Steve Ray 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. Bobbette Biddulph thereby is designated as the Project Director for the CONTRACTOR. 4. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked, materials, if any, and also reference to percent of the services described in Exhibit A that have been completed. The total cost for all work described in Exhibit A shall not exceed the schedule given in Exhibit B (the Base amount) without prior written authorization from the Project Coordinator; i.e., $176,675. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit A as determined by the CITY. The 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. 5. LENGTH OF AGREEMENT. Completion dates or time 4durations for specific portions of the Project are set forth in Exhibit C. 6. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications 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 thereof, 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, drawings, plans, specifications or other work prepared under this agreement, except upon the CITY's prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The 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 2 Revised August 2003 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. Any modification or reuse by the CITY of documents, drawings or specifications 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. City warrants that all information or data provided by CITY in whatever form, may be incorporated into the work product without risk of infringement on the intellectual property rights of any other party, and that CONTRACTOR may reasonably rely upon accuracy and completeness of such data or information, unless such data or information is provided as draft or preliminary or subject to further review or updating by the CONTRACTOR. 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 recognizd 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's employees 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 manner agents, servants or 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 the performance of the services to be provided herein, shall comply with all applicable 3 Revised August 2003 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 pursuant to this Agreement. 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 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 governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONTRACTOR's professional performance or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -paragraph will render the CONTRACTOR liable to the CITY for any increased costs that result from the CITY's later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 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 not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, 4 Revised August 2003 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 circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 13, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the 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 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 causecrl?y breach of this condition, pursuant to the provisions of Section 14. 14. INDEMNIFICATION AND HOLD HARMLESS. The CONTRACTOR agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, to the extent caused by the CONTRACTOR's negligent performance of this Agreement. 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, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought orrecovered 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 negligent; work performed by the CONTRACTOR under this Agreement. 5 Revised August 2003 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 CONSULTANT's employees. 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. CONTRACTOR will notify CITY of any reductions in limits below what is required in the contract herein. 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 Agree- ment. H. Any aggregate insurance limits must apply solely to this Agree - 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 reasonable attorneys' fees. ment. 6 Revised August 2003 For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 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 terminated with 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, Maps, Drawings, Plans, Specifications 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. 7 Revised August 2003 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 Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the CITY: To the CONTRACTOR: Steve Ray Principal Planner City of National City 1243 National City Boulevard National City, CA 91950-4301 Bobbette Biddulph EDAW, Inc. 1420 Kettner Blvd. Suite 620 San Diego, CA 92101 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent ,by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section. 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, treatment, 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 8 Revised August 2003 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 mariner on forms which the CONTRACTOR shall obtain from the City Clerk. 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 agree- ments, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. 9 Revised August 2003 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 parry's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Nick Inzunza, Mayor APPROVED AS TO FORM: George H. Eiser, III City Attorney By: -- e - :iddulph, AICP Senior Associate EDAW, Inc. Cs�o Micl%el A. Downs, Ph.D Vice -President EDAW, Inc. j C Jam H. Cleland, Ph.D Vice -President EDAW, Inc. 10 Revised August 2003 Exhibit A City of National City Westside Specific Plan EDAW Inc. Scope of Work July 6, 2004 SECTION 1: UNDERSTANDING OF THE PROJECT National City is beginning the planning process to encourage the evolution of the Westside area into a vibrant, vital, and attractive district. Westside has a historic presence, with its development as a residential neighborhood beginning in the 1920s and 1930s. The area has grown to include the "Mile of Cars," which is the heart of National City's auto -oriented businesses. Residential and light industrial/commercial uses have coexisted in the Westside area for several decades, but not without conflict. Neighborhood residents are concerned about noise, parking, unsightly storage, and potential exposure to environmental pollutants. A significant goal of the planning process will be to ensure multiple uses can exist in the area with a positive, rather than a negative, relationship. Land use in Westside is a mix of auto -oriented businesses (both old and new), residential uses, and community uses. The area lacks significant community or neighborhood -serving businesses. Although some multi -family residences are present in the project area, most residential uses are older single-family homes, in varying conditions. The Westside area is home to many low-income families. Westside includes several important uses that could be more fully developed and linked to one another as powerful organizing elements. The 24th Street Trolley station and the National City Adult Education facility are located at the southwestern edge of the district, which is also bordered by Interstate-5 (1-5). There is a strong community and cultural base to the area, which is expressed by the presence of several community churches, Kimball Elementary School, a new public library, and the new police station. The presence of the trolley station within the project area provides a unique opportunity for transit - oriented development. It may be desirable to encourage higher -density residential and employment uses immediately adjacent to the transit station. The existing large, vacant, City -owned property in proximity to the transit station may be a key catalyst development site, where higher -density residential or other transit -oriented uses could be established. For the Westside planning effort to meet its full potential, it must be embraced by the community, including business owners, the Chamber of Commerce, area residents, and potential developers. Furthermore, the planning effort must be respectful of the existing cultural context. The City has started to engage to community by meeting with, and gathering input from, the organizing ministry at St. Anthony's and the Chamber of Commerce, as well as community residents. The planning process will identify potential opportunity sites, where catalyst developments will be encouraged. The Westside Specific Plan will include conceptual site layouts for opportunity sites. In addition, design guidelines and development standards, which will address density, design, and parking, will be provided for the Westside area. The EDAW team assembled for this important National City project will: • Provide a focused baseline analysis to identify opportunities and issues in the Westside area. • Conduct market analysis for the area to determine what land uses are economically viable. • Respect, integrate, and fully develop the existing economic, cultural, and environmental resources in and around the Westside area. Exhibit A EDAW Inc. Scope of Work July 6, 2004 • Ensure that the community and stakeholders embrace the plan as a vision for the neighborhood. SECTION 2: APPROACH The EDAW team will work with the City and the community to establish a vision for the Westside neighborhood and provide for the implementation of the vision through a Specific Plan. Fundamental principles for our planning process are outlined in the following sections. • Respect and capitalize on the successes of recent National City development. The City of National City has much to be proud of. 'The Mile of Cars is a significant district within the city and the region, and an important source of revenue. Recent streetscape improvements to Civic Center Drive and National City Boulevard encourage an active street setting and Zink the downtown to 1-5, the Mile of Cars, and the 24th Street Trolley station. In addition, several civic and community improvements have either been completed, or are in the process of being developed. For the Westside area to be a quccessful district of National City, it must celebrate these achievements. A key component of the Westside Specific Plan will be to provide linkages between these resources. - • Identify development that makes economic sense. A successful development plan not only embraces the vision of the community and stakeholders, but it must also be feasible and provide economic stimulus. The Westside Specific Plan will be based on economic realities. Economic Research Associates (ERA), akey member of the EDAW team, will begin the planning process by determining what uses are viable in the near and long term. This approach ensures that the plan not only sets forth an exciting vision, but that the vision is possible, probable, and will be implemented. • Engage the community. Our community and stakeholder involvement process will focus on key business and neighborhood players, property owners, and residents. Our team includes three team members who are fluent in Spanish. Our approach is to listen and respoOd to community concerns and interests, with a focus on problem -solving and community enrichment. • Focus on opportunities. The planning process must create excitement and support for opportunities. Areas that may be currentlypereived as "dead" may be key sites for future anchor projects. By developing concept plans for opportunity sites, the EDAW team will show the community and potential developers what can be achieved in the Westside area. SECTION 3: SPECIAL CIRCUMSTANCES The Westside planning process will address the following special considerations: 1. Land Use Compatibility 2. Circulation 3. Culture 4. Environment The following sections provide more information on, our approach to each of these considerations. LAND USE COMPATIBILITY The Westside area is characterized by a mix of industrial and residential uses. Although this mixture of uses has historically been present in the area, it continues to create land use conflicts. In 1996, the City recognized that the housing uses in the area should be allowed given the need for housing, the /2- Exhibit A EDAW Inc. Scope of Work July 6, 2004 established community in the area, and the lack of suitability of the smaller lots for industrial development. Many of the industrial and office buildings in the project area are vacant, showing that the supply for these land use types exceeds the demand. Although certain areas of Westside may be appropriate for light industrial and auto -related land uses, residential uses should remain and become more fully established. It will also be important that the residential uses be integrated with other land uses that can generate activity, interest, and a sense of community. Some of these uses already exist in the project area: Westside includes four educational institutions, three places of worship, a transit station, and a park and greenway associated with Paradise Creek. CIRCULATION The street network is the basic framework of the public realm; it should provide frequent connections, safety and convenience, and a comfortable walking environment. Public spaces, such as the 24th Street Trolley station, plazas, community centers, and civic institutions, should form the physical and virtual heart of the community. These components of a circulation system can act as powerful organizing elements. EDAW will evaluate of the existing circulation system and planned improvements, which will be the basis for ensuring that planned development does not exceed the capacity of the circulation system. Further, EDAW will emphasize the basic principles of transit -oriented development, including providing direct access (automobile, bicycle, and pedestrian) to the transit station to encourage transit ridership, providing higher -density uses around the transit station, and ensuring high -quality urban design that defines civic and neighborhood identity. Paradise Creek also provides a unique opportunity for recreational circulation. As a strong linear element in the planning area, the creek could be more fully developed with recreational amenities, including a possible trail that could connect to other pedestrian and bicycle linkages. CULTURE The Hispanic community of the project area will guide the process. Stakeholders interviews will be conducted in either Spanish and English, depending upon each participant's preference. In addition, bilingual representatives of the project team will be present at all community outreach efforts. EDAW will also work with the City to ensure that the appropriate community members are involved in the process, including church and civic leaders. The project area includes many homes that were built in the 1920s and 1930s. Several of these homes may exhibit cultural value that should be protected and integrated into the future vision for the Westside area. EDAW is well known in the San Diego area for our expertise and respect for cultural and historic resources. Our staff will provide expert input at the beginning of the planning process to identify those resources that have the most potential for historical significance. ENVIRONMENT The project area is largely urbanized. However, there are several attributes of the Westside area that will require a keen understanding of environmental science to ensure full optimization of resource values. Environmental issues and opportunities include the following: Exhibit A EDAW Inc. Scope of Work July 6, 2004 • Hazardous Materials. The project area has historically been used for automotive and industrial uses, which have created hazardous materials concerns. EDAW team member Environmental Business Solutions (EBS) will conduct a site reconnaissance focused on identifying hazardous materials concerns. EBS will provide a summary of existing hazardous materials conditions and future development implications to inform the planning process for the area. • Paradise Creek. Paradise Creek emerges from underground in the project area from 18th Street, south. EDAW's expertise in biological resource restoration and enhancement will allow the effective identification of biological resources and educational opportunities along the creek. In addition, the creek may provide an exciting linkage from the transit station, northeast to the city's downtown. The identification and capitalization of opportunities along the creek will be coordinated with Kimball School, which is continuing to develop educational opportunities along the creek. The Specific Plan will also need to meet the requirements of the California Environmental Quality Act (CEQA). With over 13 years of experience in CEQA and land use law, Project Director Bobbette Biddulph will ensure the efficient and defensible preparation of environmental documentation for the project. SECTION 4: SCOPE OF WORK TASKS This section provides a summary of the tasks included in the scope of work EDAW will follow for the Westside Specific Plan. A. PROJECT INITIATION The EDAW team will meet with City staff to kick off the planning process, discuss the area's history, and review known elements of the community's vision for the project area. At the initiation of the project, a schedule will be finalized, and relevant data and documents will be collected and rdpiewed. In this task, ERA will collect any relevant economic data and reports. In order to support the identification of issues and opportunities, EDAW, ERA, and Estudio Teddy Cruz will participate in a one -day site visit in the Westside area. The site visit could be attended by staff from the Planning Department and/or the Community Development Commission, if the City desires. The issues to be discussed include, but are not limited to: pedestrian access and linkages, land use opportunities, urban design concepts relevant to the project areas, opportunities for optimizing transit networks, and opportunities along Paradise Creek. Input will be shared between team members during this site visit. In this task, EDAW will also prepare a base map of the project area in a City -approved format. B. EXISTING CONDITIONS 1. Stakeholder Interviews In collaboration with City staff, EDAW will identify key stakeholders for the Westside area. EDAW will conduct stakeholder interviews that will target interaction with key community leaders, property owners, agencies, developers, and special interest groups. The interviews will provide information about the community's priorities and planned activities in the project area. The interviews will be conducted over a 2-day period, with a maximum of 14 individual interviews. For this task, it is assumed that the City will provide an initial listing of potential stakeholders, which EDAW will supplement or refine. Estudio Teddy Cruz will provide input into possible stakeholders for the Exhibit A EDAW Inc. Scope of Work July 6, 2004 interviews based upon their knowledge of the community and possible housing development representatives. Interviews will be held in either Spanish or English, depending upon each participant's preference. Mariana Lopez, the project team translator, will be available to attend the interviews. Although Ms. Lopez is budgeted to attend all of the interviews, it may be possible to limit her attendance to one of the two days. ERA and Estudio Teddy Cruz will work with EDAW in this task to identify appropriate questions that should be asked during the interviews. Neither ERA nor Estudio Teddy Cruz will participate in the stakeholder interviews. 2. Market Analysis ERA will begin the process of assessing market opportunities through an analysis of existing market conditions. ERA will review the following: > Recent studies prepared for the Westside and National City; • Regional and local economic, employment, and demographic trends; • Current land use policies in the study area; • Commercial and residential development trends, rent and sales prices, and occupancy levels; > Recent land sales transactions; > Characteristics of competing areas, existing and planned; • Characteristics of transit -oriented development projects planned in South County; • Planned and proposed major infrastructure and public facility improvements; > Existing development proposals; a{ • Taxable sales trends in the study area; > Business license data in the study area; • Property ownership characteristics; and • Other data as appropriate. ERA will assess the market potential of key uses for near to long term development. ERA will forecast demand for single-family and multi -family housing based on market area household formation and reasonable capture rates for housing of various price -points. ERA will estimate market area buying power and demand for major commercial development based on sales per square foot factors, and residential demand based on projected household formation rates and tenure. The potential for nonretail employment lands (light industrial uses) will be based on site opportunities and fair -share capture of future growth based on the workforce characteristics in the area and competing employment lands within commuting distance. Marketarea demand will be compared to current and anticipated future supply, and reasonable market penetration rates for the Westside over time will be estimated. ERA will summarize the findings of the market analysis in report format and will be available to present the findings of the report at up to two meetings. The report will provide a summary of market opportunities and constraints, viable land use projections, recommended market niches, land consolidation issues and opportunities, development and redevelopment opportunities and constraints, and opportunities and issues associated with mixed -use development. Financial implications of future development will also be addressed in the summary report. 5 Exhibit A EDAW Inc. Scope of Work July 6, 2004 3. Hazardous Materials EBS will prepare a hazardous materials assessment for the project area. The assessment will include a site reconnaissance focused on identifying hazardous materials concerns. In particular, EBS personnel will note evidence of present or past land uses that may have involved the storage, use, or disposal of hazardous materials or wastes. EBS personnel will note the presence of indicators of hazardous materials at the site, such as above and underground storage tanks, fuel dispensers, chemicals, drums, large areas of stained soil or concrete, and stressed or dead vegetation. EBS will also obtain a database report containing the readily available regulatory agency records for the project area (including records from the California Regional Water Quality Control Board, California Integrated Waste Management Board, County of San Diego Department of Environmental Health, Cal - EPA, U.S. EPA, and local fire departments). This scope of work does not include regulatory file review at the County of San Diego Department of Environmental Health. The review of the above -referenced records will be augmented by a review of the HMMD Hazardous Material HE-17 database, dated February 2003, of facilities storing hazardous materials, generating hazardous wastes, and discharging unauthorized releases, for the site addresses. EBS will summarize the findings of the hazardous materials analysis in an assessment report. 4. Land Use and Design Issues and Opportunities EDAW will prepare a summary of land use, policy, circulation, and urban design factors relevant to the future of the Westside area. This analysis will address: • Current land uses and characteristics • Property ownership • Relevant General Plan policies • Applicable development standards and zoning codes ° { • Existing regional and local roadway conditions and planned improvements that have been identified and could affect the project area • Pedestrian access and linkages > Opportunities for optimizing existing transit networks • Existing and planned open space, park, and natural resources • Potential historic resources (location, opportunities, and implications of potential redevelopment) EDAW will summarize the issues and opportunities affecting the Westside area in a memorandum format, supplemented by graphic exhibits, as necessary. The circulation portion of the analysis will be based on interviews with City and transit agency staff, readily available traffic data, and our team's knowledge of transit -oriented development principles. 5. Public Meeting #1 - Community Workshop Upon completion of the existing conditions analyses in Task B, EDAW will conduct a public outreach workshop to engage community members and business owners and to gather community input on the goals and objectives for the project. EDAW will be responsible for developing and maintaining a mailing list and noticing for the three public meetings in this scope of work. It is assumed that the City will provide an initial listing of interested individuals. Meeting mailings and announcements are assumed to be 1-page black and white notices, indicating the date, time, location, and general purpose of the meeting (300-word maximum). Meeting notices will be provided in English and Spanish. Spanish translations will be provided by Mariana / 2 Exhibit A EDAW Inc. Scope of Work July 6, 2004 Lopez. EDAW will arrange for the rental of audio -video equipment, if necessary. For cost estimating purposes, it is assumed that audio -video equipment, including headsets necessary for translations, will not exceed $500 per meeting. The meeting is assumed to be 4 hours in length. Mariana Lopez will be available to provide translation at the public meeting. Teddy Cruz will attend and participate in the meeting. At this workshop, EDAW will lead the community in a brainstorming session to tap into ideas for the vision of the Westside area. The public outreach workshop will provide an opportunity for all interested community members, property owners, business operators, and other stakeholders to be actively involved in the planning and design process for the Westside area. The purpose of this interaction will be to identify the community's major issues and any recommendations the community may have for the Westside area. EDAW will document the meeting results in a summary memo, which the City can distribute to meeting participants and other interested parties. C. ALTERNATIVES DEVELOPMENT AND REFINEMENT 1. Alternative Concept Plans Based on the identification of existing opportunities and constraints, and in consideration of the goals expressed by the community and the City, EDAW will develop alternative concept plans for the project area. The EDAW team will prepare up to three alternative concept plans. The alternatives will identify three distinct futures or "themes" for the Westside area, which could include differing intensities of land use density, different land use focuses, and/or differing degrees of transit -oriented focus. Each of the three alternatives will conceptually illustrate: • Public realm and circulation framework including streets, transit, pedestrian paths, bicycle routes and paths, and parks • Allocation and distribution of land uses including civic, residential, industrial, retail, office, religious facilities, and schools • Landscape framework plan > Opportunity sites Each of the alternative development schemes will include large format and easily understood plan graphics. It is anticipated that at least one of the alternatives will likely focus on transit -oriented design with higher densities around the 24th Street Trolley Station. Estudio Teddy Cruz will be involved in the alternatives development phase through the preparation of preliminary planning concepts for alternative concept plans for the Westside area. The EDAW and Estudio Teddy Cruz design teams will conduct internal brainstorming independently, and then meet together for a 4-hour combined design workshop. After the design workshop, Estudio Teddy Cruz would be available to provide key drawings, vignettes, or illustrations of key elements of the project alternatives. Because the nature of the alternatives is not known at this time, it is not possible to predict that nature of these components. However, for this scope of work it is assumed that 3 such drawings will be Estudio Teddy Cruz, and that each drawing will average 3 hours of preparation time. For this stage of the process, rough concept plans or sketches will be appropriate. ERA will work with EDAW during the alternatives development phase to ensure that the alternatives respond to market conditions. The alternative concept plans will be based in part on the market analysis conducted in Task B2; however, it is recognized that one or more alternatives may include 1'� Exhibit A EDAW Inc. Scope of Work July 6, 2004 components identified by the community as being desirable, regardless of marketability. EDAW will identify the potential new development possible under each alternative at bulidout, expressed either in square footage (for industrial or commercial uses) or number of housing units. In addition, the projected density of development will be identified. EDAW anticipates working closely with City staff throughout this task. This relationship will involve - interaction in each level of design refinement and will require a strong communication link. After the parameters for the draft alternative concepts are prepared by EDAW, ERA will provide a qualitative summary of the marketability of the alternatives. ;ERA'S review of the alternatives will be based on an understanding of the market in the project area (as gained in Task B2). ERA will develop a short memorandum summarizing the market implications of the alternatives suitable for presentation at Public Meeting #2. 2. Public Meeting #2 - Alternatives Presentationry EDAW will organize a second public meeting to present the concept plans and receive feedback from the community about the possible future development for the area. Mariana Lopez will be available to translate the public meeting. Teddy Cruz will attend and participate in the meeting. At Public Meeting #2, ERA will be available to present the market assessment of the alternatives and answer questions. 3. Preferred Alternative After Public Meeting #2, the EDAW team will work with City staff to create a preferred land use mix and development strategy for the Westside area that meets the existing and future needs of the community. The preferred strategy will set out a feasible development plan for the area. The conceptual plan will either be a hybrid of the previous conceptual alternatives or a refined verion of a preferred alternative. 4. Public Meeting #3 - Preferred Alternative Presentation EDAW will plan and facilitate a third public meeting to present the refined plan concept for the Westside area. This meeting will allow the EDAW team to return to the community and present the results of the feedback received at Public Meeting #2. Mariana Lopez will be available to translate the public meeting. Teddy Cruz will attend and participate in the meeting. D. DRAFT SPECIFIC PLAN AND DESIGN GUIDELINES The EDAW team will prepare the Westside Specific Plan based on the results of the previous tasks. The Specific Plan will be a concise, graphically -oriented document that illustrates design concepts and clearly describes proposed land use changes, development strategies, public and private improvements, circulation improvements, and urban design recommendations. The plan will include density and other development standards. The Westside Specific Plan will include the following elements: Introduction > Community Goals and Objectives Land Use and Circulation Utilities and Community Services Implementation Program 8 Exhibit A EDAW Inc. Scope of Work July 6, 2004 Design Guidelines Development Standards ERA will provide input into the development of the Implementation Program through the identification of possible financing mechanisms that could be explored to encourage implementation of the Specific Plan. ERA's level of effort for this task is limited to 20 hours. For development of the Specific Plan, it is assumed that information regarding utilities and community services will be readily available from the City Engineering Department, SDG&E, and the Sweetwater Authority. If it is determined that the information on existing and planned services, and the potential need for expansion of the utility systems can not be addressed through the Engineering Department and other utility service providers, this contract may need to be amended to allow EDAW to contract with a civil engineer for these services. For the Specific Plan phase, Estudio Teddy Cruz will develop design guidelines and conceptual designs for key sites or concepts. Design guidelines will be provided in text, supplemented by vignettes or concept sketches, where appropriate. The design guidelines will provide guidance to property owners and developers in the Westside area regarding scale, land use mix, design concepts, landscaping, pedestrian amenities and circulation, etc. In addition to the design guidelines, it is assumed that up to 2 conceptual designs could be provides for key opportunity sites. Estudio Teddy Cruz will be available to provide minor revisions to the design guidelines and concept sketches, as directed by EDAW or National City. EDAW will ensure that the Specific Plan figures and illustrations are compatible with the City's resources. This scope of work includes providing an update of the GIS land use inventory for the City, consistent with land use classifications directed by the City Planning Department. Five copies of the Administrative Draft Specific Plan will be provided to City staff for review. It is assumed that the City will provide a set of consolidated comments to EDAW. f E. INITIAL STUDY EDAW will prepare an Initial Study (IS) for the Draft Specific Plan. The IS will follow the Environmental Checklist provided in Appendix G to the CEQA Guidelines. If the IS finds that all potential environmental effects can be mitigated to less -than -significant levels using standard mitigation measures or environmental controls, EDAW would prepare a Negative Declaration for the project. EDAW would be available to respond to comments on the proposed Negative Declaration. If potentially significant impacts are present, EDAW will work with the City to identify the most appropriate approach to address these environmental issues. This scope of work does not include preparation of detailed technical studies or an Environmental Impact Report. If it is determined that this additional work is necessary, EDAW would work with the City to define an appropriate scope of work and contract amendment. EDAW will provide the IS and MND in electronic format and a reproducible original. It is assumed that the City will be responsible for necessary reproduction, noticing, and distribution of the environmental document. F. FINAL SPECIFIC PLAN Exhibit A EDAW Inc. Scope of Work July 6, 2004 Based on City comments on the Administrative Draft Specific Plan document, EDAW will prepare a Public Review Draft Specific Plan. EDAW will incorporate revisions to address City comments and will produce 20 copies of the Public Review Draft Specific Plan document. If requested, EDAW will also provide a reproducible original to the City, so that additional copies can be made if they are necessary. EDAW will be available to attend up to two public hearings for adoption of the Specific Plan. Following City Council adoption, EDAW will produce a Final Specific Plan and provide a clean, print -ready version of the document (reproducible original), incorporating any comments or minor edits provided by the City Council. In addition, EDAW will provide the final document in digital form, either via CD or posted to an easily accessible FTP site. It is assumed that the City will be responsible for reproduction of the Final Specific Plan. 10 Westside Specific Plan EDAW Inc., July 6, 2004 Exhibit B: Cost Proposal BlIlin• Rate: Senior PM Biddulph 5110 Planner Wrdman $85 Sr. Urban Designer Haskell $130 Planner Graney $80 Technical Support $75 Admin. Support Labor Cost by $85 Subtask A PROJECT INITIATION Task A Total subtotal hours 20 10 20 14 8 4 subtotal costs $ 2,200 $ 850 $ 2,600 $ 1,120 $ 600 $ 260 $ 7,630 B EXISTING CONDITIONS 1.0 Stakeholder Interviews 2.0 Market Analysis (w/ Economic Research Associates) 3.0 Hazardous Materials (w/ Environmental Bus. Solutions) 4.0 Land Use and Design 5.0 Public Meeting #1 Task B Total 24 24 2 0 2 0 $ 5,090 2 0 0 0 0 0 $ 220 1 0 0 0 0 0 $ 110 26 46 12 26 20 4 $ 12,170 16 12 0 8 12 8 $ 4,840 subtotal hours 69 82 14 34 34 12 subtotal costs $ 7,590 $ 6,970 $ 1,820 $ 2,720 $ 2,550 $ 780 $ 22,430 C ALTERNATIVES DEVELOPMENT AND REFINEMENT 1.0 Alternative Concept Plans 2.0 Public Meeting #2 3.0 Preferred Alternative 4.0 Public Meeting #3 Task C•Total' DRAFT SPECIFIC PLAN Task D Total E ENVIRONMENTAL ASSESSMENT Task E Total 12 12 24 88 8 0 $ 13,100 16 12 0 0 4 8 $ 3,600 6 0 12 46 4 0 $ 6,200 16 8 0 0 0 8 $ 2,960 subtotal hours 50 32 36 134 16 16 subtotal costs $5,500 $2,720 $4,680 $10,720 $1,200 $1,040 $ 25,860 subtotal hours 32 112 8 46 22 14 subtotal costs $ 3,520 $ '9,520 $ '1,040 $ 3,680 $ 1,650 $ 910 $ subtotal hours 24 8 0 0 6 4 subtotal costs $ 2,640 $ 680 $ • $ • $ 450 $ 260 $ 4,030 20,320 F FINAL SPECIFIC PLAN Task F Total subtotal hours 40 44 8 0 24 10 subtotal costs $ 4,400 $ 3,740 $ 1,040 $ • $ 1,800 $ 650 $ 11,630 Total Labor Hours by Person Total Labor Cost by Person 235 288 86 228 110 60 $ 25,850 $ 24,480 $ 11,180 $ 18,240 $ 8,250 $ 3,900 $ 91,900 COST PROPOSAL SUMMARY EDAW Labor (from above table) $ 91,900 EDAW Subconsultants: $ 79,300 Economic Research Associates $ 35,000 Estudio Teddy Cruz $ 30,000 Mariana Lopez $ 3,800 Environmental Business Solutions $ 10,500 Project Expenses: $ 5,475 Mileage/Auto Rental $ 250 Meeting Notice Mailings $ 600 AudioNideo Equipment for Public Meetings $ 1,500 Photography $ 125 Reproduction $ 3,000 TOTAL PROPOSAL $ 176,675 Exhibit C City of National City Westside Specific Plan EDAW Inc. Length of Agreement July 6, 2004 This exhibit provides the completion dates for the items identified in Exhibit A. Market Analysis 8 weeks following contract approval Hazardous Materials Summary Report 8 weeks following contract approval Land Use and Design Summary 10 weeks following contract approval 4 weeks following Public Meeting #1 g final Land Use and Design Summary Alternative Concept Plans 4 weeks following Public Meeting #1 Public Meeting #2 4 weeks following final Alternative Concept Plans Preferred Altemative Concept Plan 4 weeks following 4 weeks following final Preferred Alternative Concept Plan Public Meetingeting##3 PublicMeeting Administrative Draft Specific Plan 12 weeks following Public Meeting #3 Draft Environmental Checklist with Administrative Draft Specific Plan Public Review Draft Specific Plan 3 weeks following receipt of City comments City Council Review and Approval as determined by the City Final Specific Plan 3 weeks following receipt of final City comments EDAW INC DESCRIPTION OF PROJECT TEAM probe t team EDAW, INC. Firm Overview EDAW has been a guiding force in the fields of urban design, planning, landscape architecture, environmental services, and economic development for over half a century. Municipal, state, and federal clients rely on EDAW to pro'vide the highest -quality consulting services for a wide range of projects. With 23 offices worldwide and over 1,100 employees, EDAW places special emphasis on the broad and increasingly challenging issues of urban design and community planning. Headquartered in San Francisco, EDAW has a staff of over 250 in our five major Californian offices. Our California offices offer the full range of EDAW's capabilities in planning, design, environmental studies, and geographic information systems (GIS). Urban Planning and Design Expertise Whether the scale is regional, urban, or suburban, our focus is on the details of downtowns, neighborhoods, and individual places. EDAW's work programming, planning, designing, and implementing streetscapes, transit corridors, and plazas takes place in every urban setting. Utilizing an interdisciplinary approach, EDAW has created urban strategies and designs for the revitalization and redevelopment of urban and suburban centers. Our clients include public agencies, corporations, organizations, and individuals. We have provided master planning, implementation strategies, and design guidelines services as well as site -specific design work. EDAW's urban planning and design experience spans more than 60 years and is represented by projects throughout the United States and abroad. The firm has won over 100 major professional awards for its planning and design work. 'Each 7 the proic v 5' -.. n ; r,nc'e izken - David Aiumbauuh. Senior Urban Desicn er. City and County of San Francisco PROJECT TEAM For the Westside Specific Plan project, EDAW will be joined by the following subconsultants: Economic Research Associates, Economic Viability and Market Analysis • Estudio Teddy Cruz, Architectukfand Urban Design ' • Environmental Business Solutions, Hazardous Materials • Mariana Lopez, Spanish Translator KEY MEMBERS OF OUR TEAM ARE DESCRIBED IN THE FOLLOWING SECTIONS. EDAW INC DESCRIPTION OF PROJECT TEAM BIOGRAPHIES FOR KEY TEAM MEMBERS Bobbette Biddulph, AICP is a senior project manager with EDAW, with a diverse background throughout California. Ms. Biddulph has 12 years of community planning experience for towns and cities. She has participated in a variety of projects ranging from small town planning, transit -oriented development, and federal projects of national concern. She specializes in public processes that integrate community planning and CEQA compliance. She has facilitated the development of plans and associated environmental documents that encourage the integration of diverse land uses within communities and around transit stations. Representative projects include: • North Main Street/Ygnacio Valley Road Specific Plan, Walnut Creek • Milpitas Midtown Specific Plan, Milpitas • Laborde Canyon State Vehicular Recreation Area General Plan, Riverside County • Tuolumne River Regional Park Master Plan, Modesto • Windsor Downtown Plan, Town of Windsor Nick Haskell is educated as a planner with emphasis on physical planning, analysis of land use, and urban design for the public and private sectors. At EDAW, he has served as project director and manager on a variety of projects including specific and area plans, downtown revitalization and redevelopment plans, and new residential and commercial development projects. As a planner his role crosses several disciplines including land use planning, urban design, policy preparation and public involvement. Representative projects include: • Specific Plan for the Balboa Park Multi -Modal Transit Station, San Francisco, California (Better Neighborhoods 2002) • San Mateo Rail Corridor Transit -Oriented Development Plan • Glen Park Community Plan, San Francisco • North Natomas Town Center and Regional Park Master Plan, Sacramento ® Visitation Valley Strategic Concept Plan, San Francisco • Hampton Roads Group of Communities, Virginia Isis Widman has a diversified range of experience in the preparation and processing of planning documents. In The past six years, she has been involved in a variety of public- and private -sector projects, ranging from master -planned communities and commercial development to major entertainment destinations. At EDAW, Ms. Widman is directly responsible for the preparation and coordination of planning and entitlement documents, including specific plans, master plans and design guidelines. Representative projects include: • - Pomona Downtown Specific Plan, Pomona • Chapman University Specific Plan Amendment + ETR, Orange • San Pedro Waterfront Promenade - Phase I, San Pedro • Edinger Corridor Economic Development Plan, Huntington Beach • Birch Street Village + Sports Complex Specific Plan, Brea • Murrieta Civic Center • North Main Street District Specific Plan; Corona Ms. Widman is fluent in Spanish, and ky#ill bring her bilingual skills to the project team, inchtding participation in community meetings and stakeholders interviews. Geoffrey Graney is a land planner and urban designer with a passion for urban revitalization that strives to blend new development into an existing character. He has an extensive background in residential communities and open space features. Geoff has worked with projects from 1q-acres up to 42,000-acres, and has been a key role in projects from initial design to construction documents. He strives to work with the interrelationship between design, marketplace, environmental considerations, and political sensitivity. William Anderson, AICP, is a Vice -President with Economic Research Associates. Mr. Anderson's practice includes mixed -use development master plans, regional economic development, real estate economics, recreation plans, fiscal and economic impact analysis, and urban planning policy. With 20 years experience at Economics Research Associates, Mr. Anderson has completed over 300 assignments in eighteen states an eight countries. He has been especially active in community and inner city markets, and regional EDAW INC DESCRIPTION OF PROJECT TEAM planning strategies. Mr. Anderson has studied access to capital issues in San Diego County for the City/County Reinvestment Task Force, the border counties in Texas for the Rural Development Finance Corporation, and the U.S. counties bordering Mexico for the Border Trade Alliance. He has worked with Belden Daniels on formulating a "Smart Growth" Development Equity Fund to leverage capital for mixeduse, mixed -income, transit -related development in San Diego County's low and moderate -income communities. Among this inner city projects, Mr. Anderson has also studied multi- ethnic markets and prepared development strategies for ethnic commercial districts, such as the Mercado del Barrio in San Diego, a proposed Mercado in a multi- ethnic district in Omaha, a proposed multi -ethnic international center in the Mid -City community of San Diego, an African -American dominate commercial district in San Diego, and a Filipino Village thematic district in National City. Teddy Cruz, Architect, was born in Guatemala. He began studying architecture at Rafael Landivar University in Guatemala City (B.A., 1982), and after emigrating to the United States, continued his studies at California State Polytechnic University San Luis Obispo, with a year spent in Florence, Italy, through the California State University International Program, (B.Arch, 1987 ). After working for some years with the firm of Pacific Associates Planners Sr Architects in San Diego (198489), he went to work in the office of San Diego architect Rob Wellington Quigley (1989-1993). In 1991, Cruz received the prestigious Rome Prize in Architecture, becoming a Fellow of the American Academy in Rome. Returning to San Diego from Rome, he established his own practice - estudio teddy cruz - in 1993, and shortly thereafter completed his architectural education at Harvard University GSD (M.Des.S. 1997). Cruz's work dwells at the border between San Diego and Tijuana, Mexico, inspiring a practice and pedagogy that emerges out of the particularities of this bicultural territory and the integration of theoretical research and design production. He has taught and lectured in various universities in the U.S. and Latin America and in 1994 he conceived and began the LA/LA Latin America / Los Angeles studio, an experimental summer workshop at SCI-Arc in Los Angeles. He is currently an associate Professor in the school of architecture at Woodbury University in San Diego where he is currently forming BI -Border Institute- to further research the urban phenomena at the border between the US and Mexico. In 1998 he was invited to be editor of the British Journal AD Architectural Design for a special issue on the Architecture of the Borderlands. Teddy has received awards for projects on both sides of the border, including various AIA San Diego chapter awards, as well as for his academic work regarding issues of urbanism in the broader border region. Most recently, he received the San Diego AIA Honor Award for 2002, a 2004 and 2001 PA Awards from Architecture Magazine, the Architectural League of New York Young Architects Forum Award and the Robert Taylor Teaching Award from the ACSA. Teddy has been involved in many civic and cultural advocacy groups at a local, national and international level. He is currently a member of the board of directors of C-3, one of San Diego's oldest advisory citizen groups on urban and environmental policies and a member of the international editorial board of AD in London. He also co-chairs, with Joyce Cutler -Shaw, the Hot Topics Committee for the Council of Design Professionals in San Diego and he was recently invited to be part of the advisory committee for the 2nd Mies Van Der Rohe Award for Latin American Architecture and a panelist for the National Endowment for the Arts in Washington D.C. Marina Lopez is an independent interpreter providing fluent bilingual interpretation skills to the Westside planning team. Ms. Lopez was born in Mexico City and earned a college degree in Business Administration with a double major in Hotel Management at the Universidad Panamericana in Mexicq+ity in 1993. In January 2000, Ms. Lopez worked with the Environmental Health Coalition (EHC) as an administrative assistant for the Border Environmental Justice Campaign, organizing press conferences, conducting general research and actively participating in rallies and presentations. After leaving EHC, Ms. Lopez became the organizations translator for quarterly magazines, brochures, community meetings, Board meetings, and training sessions. In October 2002, Ms. Lopez graduated from the Southern California School of Interpretation cdmpleting all the mandatory courses to be a certified interpreter. 025 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 3, 2004 OLD BUSINESS AGENDA ITEM NO. 32 /ITEM TITLE An Appeal to the City Council for Handicap Blue Curb at 830 Pleasant Lane (M Gilman, TSC Item No. 2004-11) PREPARED BY Adam Landa 336-4394 EXPLANATION DEPARTMENT Public Works/Engineering On April 6, 2004, an appeal came before the City Council for Mrs. Gilman. Councilman Fideles Ungab requested on behalf of Mrs. Gilman that an appeal be submitted to the City Council for their consideration of a handicap parking space at 830 Pleasant Lane (see agenda). At this meeting, Councilman Ungab motioned in favor of approving the appeal. It was seconded by Mayor Inzunza but failed by the following vote, to -wit: Ayes: Inzunza, and Ungab. Nays: Morrison, Natividad, and Parra. Then Councilman Natividad motioned to review the item in 90 days and this was carried by unanimous vote. The item is back for City Council consideration. Environmental Review x N/A 1 Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION The Traffic Safety Committee and Staff recommends that the handicap parking space not be installed since it does not meet the City Council ado ed p cy. BOA / COMMISSION RECOMME ATION The Traffic Safety Committee at its eeting of March 10, 2004, denied the handicap parking space in front of 830 pleasant lane since it does not meet the City Council adopted policy. ATTACHMENTS ( Listed Below ) Resolution No. Staff Report to the Traffic Safety Committee 2004-11 A-200 (9,/99) MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT April f 7004 AGENDA ITEM NO. ITEM TITLE AN APPEAL TO THE CITY COUNCIL FOR HANDICAP BLUE CURB AT 830 N\ PLEASANT LANE (M. GILMAN, TSC ITEM 2004-11) PREPARED BY Adam J. Landa 336-4580 EXPLANATION DEPARTMENT Public Works/Engineering Councilmember Fideles Ungab has requested on behalf of Mrs. Gilman that an appeal be submitted to the City Council for their consideration of a handicap parking space at 830 Pleasant Lane. Mrs. Gilman has requested that a handicap blue curb be installed in front of her property on February 17, 2004. The Traffic Safety Committee reviewed Mrs. Gilman's request and denied it based on the City Council adopted policy (see attachment). The request did not meet the specific requirement that "the residence must not have useable off-street parking available or an off-street space available that may be converted into disable parking". Staff has reviewed the site and found that there are three off-street parking spaces (see pictures) on the property that could be converted to disabled parking space. The Traffic Safety Committee denied the handicap parking space at their meeting on March 10, 2004. • Environmental Review N/A Financial Statement N/A • Approved By; Finance Director Account No, STAFF RECOMMENDATION Staff concurs with the Traffic Safety Committee finding since it does not meet the City Council adopted policy. r~gyp BOARD / COMMIS N RECOMMENDATION The Traffic Safety Committee, at its meeting of March 10, 2004, denied the handicap parking space in front of 830 Pleasant Lane since it does not meet the City Council adopted policy. ATTACHMENTS ( Listed Below ) 1. Staff Report to the Traffic Safety Committee A-200 i9 99 � Resolution No. \ 3 \ NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR MARCH 10, 2004 ITEM N ITEM TITLE: REQUEST FOR THE INSTALLATION OF A BLUE CURB HANDICAP PARKING SPACE IN FRONT OF 830 PLEASANT LANE (BY: M. GILMAN) PREPARED BY: Adam J. Landa, Public Works Department DISCUSSION: Mrs. Maria C. Gilman, of 830 Pleasant Lane, has requested the installation of a handicap parking space in front of her residence. According to Mrs. Gilman, she is requesting the handicap parking because the neighbors are taking all accessible parking spaces. City Council has adopted a policy which is used to evaluate requests for handicap parking spaces. The City Council Policy requirements are as follows: 1. Applicant (or guardian) must be in possession of valid license plates for "disabled persons" or "disabled veterans". This condition is met. 4 2. The proposed disabled parking space must be in front of the applicant`* (or guardian's) place of residence. This condition is met. 3. The residence must not have useable off-street parking available or an off- street space available that may be converted into disabled parking. Staff has investigated the site and found three (3) off-street parking spaces. This condition is not met. The Policy requires that all three (3) conditions be met.' In this case, two (2) conditions are met. STAFF RECOMMENDATION: Staff recommends not installing a handicap parking space since it does not meet the City Council Policy. EXHIBITS: 1. Letter 2. Location Map 3. Photos 2004-11 Traffic Safety Committee 1243 National City Blvd. National City, CA 91950 February 17, 2004 rn rn co C. co : _< tv n " To Whom It May Concern, > I'm Maria Gilman, 63 years of age, residing at 830 Pleasant Lane, National City, CA. I had a right knee surgery 2 years ago. I'm living by myself and the pain on my knees especially on the right really bothers me a lot and it seems to be worsening. I carry a disabled placard — the number of which is D- 718538 and will expire on June 30, 2005. I'm renting a house and every time I come home, I have no place to park. I know that it's anyone's parking space. If only my neighbors are considerate enough to think about me, this wouldn't be a problem. I ended up parking away from home more often than not. I have a problem walking long distances. Both my knees keep bothering me. I'm scheduled for another surgery on my left knee. This situation of mine prompted me to ask for your help. Is it possible to have a disabled parking space designation with my placard number on it in front of my house? This would be of great help for me, health wise. Attached are the copies of my insurance card, my car registration and my disabled parking placard. I need your help badly concerning this matter. I just pray that you would find time looking into my request. fi{ Any help would be greatly appreciated. I thank you very much. I hope to hear from you soon. God bless you all! spectfullr Yours, e, ClhAtk. vi1 �_ aria C. Gilman 1 THIS VALIDATED REGISTRATION CARD OR A FACSIMILE COPY IS TO BE KEPT WITH THE VEHICLE FOR WHICH IT IS ISSUED. THIS REQUIREMENT DOES NOT APPLY WHEN THE VEHICLE IS LEFT UNATTENDED. IT NEED NOT BE DISPLAYED. PRESENT IT TO ANY PEACE OFFICER UPON DEMAND. IF YOU DO NOT RECEIVE A RENEWAL NOTICE, USE THIS FORM TO PAY YOUR RENEWAL FEES OR NOTIFY THE DEPARTMENT OF MOTOR VEHICLES OF THE PLANNED NON -OPERATIONAL STATUS (PNO) OF A STORED VEHICLE ($10). RENEWAL FEES MUST BE PAID ON OR BEFORE THE REGISTRATION EXPIRATION DATE OR PENALTIES WILL BE DUE PURSUANT TO CALIFORNIA VEHICLE CODE SECTIONS 9552 - 9554. EVIDENCE OF LIABILITY INSURANCE FROM YOUR INSURANCE COMPANY MUST BE PROVIDED TO THE DEPARTMENT WITH THE PAYMENT OF RENEWAL FEES. EVIDENCE OF LIABILITY INSURANCE` IS NOT REQUIRED WITH. REGISTRATION RENEWAL OF OFF -HIGHWAY VEHICLES, TRAILERS, VESSELS, OR IF YOU FILE A PNO ON THE VEHICLE. WHEN WRITING TO DMV, ALWAYS GIVE YOUR FULL NAME, PRESENT ADDRESS, AND THE VEHICLE MAKE, LICENSE, AND IDENTIFICATION NUMBERS. ************** DO NOT DETACH - REGISTERED OWNER INFORMATION A Y u �tl 11 i i N 11 111 ' CARD VALID FROM: 06 30/2003 TO: 06/30/2004 REGISTRATION / MAKE YR MODEL YR 1ST SOLD VLF CLASS *YR TYPE VEH TYPE LIC LICENSE NUMBER TOYT 1985 1985 AD 2003 37P 31 5P58698, BODY TYPE MODEL MP MO AX WC UNLADENIG/CGW VEHICLE ID NUMBER PK G JT 2 B 02835 JT4RN65S8F5084182 TYPE VEHICLE USE DATE ISSUED CC/ALCO DT FEE RECVD PI`C STICKER ISSUED COMMERCIAL 06/09/03 37 06/09/03 9 U4855799 PR EXP DATE: 06/30/2003 REGISTERED OWNER AMOUNT PAID GILMAN MARIA LUISA CORREA $ 47.00 830 PLEASANT LN AMOUNT DUE AMOUNT RECVD PO BOX 1404. $ 47.00 CASH : CHCK : 47.00 NATIONAL CITY CRDT : CA 91951 I I I M IOLi;E4 H05 613 19 0004700 0009 CS H05 060903 31 5P58698 182 Li R1I INSURANCE ..CARD State Farm Mutual Automobile Insurance Company 900 Old River Road Bakersfield CA 93311 INSURED GILMAN, MARIA L MUTL VOL POLICY NUMBER 7248734304.55 EFFECTIVE YR 1985 MAKE TOYOTA FEB 042004 TO AUG 042004 MODEL 1/2T L BED VIN JT4RN65S8F5084182 AGENT JOAQUIN ALVAREZ PHONE 619 425.1216 NAIL # 25178 COVERAGE PROVIDED BY THE POLICY MEETS THE MINIMUM LIABILITY LIMITS PRESCRIBED BY LAW. COVERAGES A C 0500 G500 H RI U U1 SEE THE REVERSE SIDE FOR AN EXPLANATION. L-1 LTE ON MAP A IN A (..j L. Book 86/Page 74 4/6/04 NON CONSENT CALENDAR (cont.) RECOMMENDATION: None. TESTIMONY: None. ACTION: Motion by Ungab, seconded by Parra, to refer back to the Council committee (Inzunza / Morrison) for review and recommendation Carried by unanimous vote. Mayor Inzunza left the Chamber at 7:02 p.m. COUNCIL POLICY MANUAL (102-13-1) 19. SUBJECT: Suggested criteria for the request and dispersing of public donations. (Council initiated) RECOMMENDATION: None. TESTIMONY: None. ACTION: Motion by Natividad, seconded by Morrison, to continue the item. Carried by unanimous vote. Absent: Inzunza. Mayor Inzunza returned to the Chamber at 7:09 p.m. during discussion of Item No. 20. CITY COUNCIL ADM (102-16-1) 20. SUBJECT: Retreat follow-up. (City Manager's Office) RECOMMENDATION: None. TESTIMONY: Ron Baza, from Ron Baza & Associates, presented and summarized the prioritized issues developed by the City Council during the City Council / Staff Retreat on March 13, 2004. ACTION: No action taken. NEW BUSINESS > PARKING ADM 2004 (801-2-24) 21. SUBJECT: An Appeal to the City Council for handicap blue curb at 830 Pleasant Lane (M. Gilman, TSC Item 2004-11). (Public Works / Engineering — Council initiated) RECOMMENDATION: Staff concurred with the Traffic Safety Committee and recommended to deny the handicap parking space. Book 86/Page 75 4/6/04 NEW BUSINESS" (cont.) PARKING ADM 2004 (801-2-24) TESTIMONY: None. ACTION: Motion by Ungab, seconded by Inzunza, in favor the appeal. Motion failed by the following vote, to -wit: Ayes Inzunza, Ungab. Nays: Morrison, Natividad, Parra. Abse None. Abstain: None. Motion by Natividad, secon s = • by ngab-4e4eview_ the item in 90 days._Carried"-"by-unanimous vote. TEMPORARY USE PERMITS 2004 (203-1-20) 22. SUBJECT: Temporary Use Permit - Sweetwater Town & Country Merchants Association - Easter Egg Hunt. (Building & Safety) RECOMMENDATION: Staff recommended to approve the TUP subject to compliance with all conditions of approval and deny the request for waiver of fees. TESTIMONY: None. ACTION: Motion by Natividad, seconded by Parra, to approve the TUP subject to staff recommendations. Carried by unanimous vote. TEMPORARY USE PERMITS 2004 (203-1-20) 23. SUBJECT: Temporary Use Permit - Sweetwater High School - Graduation Fireworks Display. (Building & Safety) RECOMMENDATION: Staff recommended to approve the TUP subject to compliance with all conditions of approval and deny the request for waiver of fees. TESTIMONY: None. ACTION: Motion by Natividad, seconded by Morrison, to approve the TUP subject to all conditions of staff. Carried by unanimous vote. TEMPORARY USE PERMITS 2004 (203-1-20) 24. SUBJECT: Temporary Use Permit - Maytime Band Review Corporation - Maytime Band Review Parade. (Building & Safety) RECOMMENDATION: Staff recommended to approve the TUP subject to compliance with all conditions of approval and grant the request for waiver of fees except for $320 for the School Resource Officers. City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE August 3, 2004 ('ITEM TITLE AGENDA ITEM NO. 33 TEMPO RYE PERMIT — CORNERSTONE CHURCH OF SAN DIEGO SUMMER FEST 2004 (August 28, 2004) PREPARED BY Rosie Gutierrez 336-4210 DEPARTMENT Building and Safety EXPLANATION This is a request from Cornerstone Church of San Diego to conduct a Summer Festival at 1920 Sweetwater Rd. The event will be on August 28, 2004 from 10:00 a.m.-6:00 p.m. The event will include, food booths, game booths, rock climbing, a skate board ramp, live bands, a jolly jumper, and an obstacle course. Alcohol will not be sold and carnival security will provide crowd control. The event qualifies for a waiver of fees. 2 i Environmental Review Financial Statement X N/A Approved By: F' ce Director The City has incurred $345.00 in costs for processing the T.U.P. through various efty departments. Account No. STAFF RECOMMENDATION _ Approve the Application for1a Temporary Use Permit subject to compliance with all Conditions of Approval and waive the processing fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution no. Application for a Temporary Use Permit with recommended approvals anon i ious of Approval. A-200 (9.99) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: EVENT: DATE OF EVENT: APPROVALS: PLANNING FIRE FINANCE POLICE CITY ATTORNEY RISK MANAGER ENGINEERING PUBLIC WORKS CONDITIONS OF APPROVAL: Summer Fest 2004 Festival August 28, 2004 (10:00 a.m. — 6:00 p.m.) YES [x] NO [ ] YES [x] NO [ ] YES [x] NO [ ] YES [x] NO [ ] YES [x] NO [ ] YES [ x ] NO [ ] YES [x] NO [ ] YES [ x ] NO [ ] SEE CONDITIONS [ ] SEE CONDITIONS [x ] SEE CONDITIONS [x ] SEE CONDITIONS [x SEE CONDITIONS [x ] SEE CONDITIONS [ ] SEE CONDITIONS [ ] SEE CONDITIONS [ ] FIRE 336-4550 1. No emergency access shall be obstructed at any time during this event. 2. No fire department connections shall be blocked at any time. FINANCE 336-4330 1. A business license is required if monies are solicited, admission fee is charged, or if food, beverages and merchandise are sold. The organization holding this event and each vendor present at this event must have a separate business license. Vendors currently licensed by the City may operate under their existing license. 2. A list of all participating vendors (with their address, phone number, and current National City business license number) is to be provided to the Revenue & Recovery Division of the Finance Department two weeks prior to the event for verification of business licenses. 3. If any of the vendors or organizations is registered not -for -profit, there will be no charge for a business license. However, a business license certificate must be obtained from the City Revenue & Recovery Division, Business License Section. (Note: a clearance fee does apply to Non-profit organizations located in National City that submit an initial business license application.) POLICE 336-4400 1. Organization is required to hire a professional security company to work event with adequate staffing as stated in their security plan. Type of Event: _ Public Concert _ Fair _ Parade _ Demonstration Motion Picture — Grand Opening Event Title: Festival Circus Other ✓ommunity Event _ Block Party ✓-/ y • � Event Location: /.9.70 �1t%Pf`j-inl/t71- 2' 4/qT10 Z(j01 Event Date(s): From to 0-8.' Total Anticipated Attendance: 5�6 � f Ci , Month/Day/Year ( Participants) , C,4, ( Spectators) Actual Event Hours: /e7'c ar /pm to t.' b am1g Setup/assembly/construction Date: P/9-5 ' Start time: z.• •e-D Please describe the scope of your setup/assembly work (specific details): 5- %'KeTM7 �,r e t SeQ %ems - as sl 5il..WlMtg Dismantle Date: ��-$ Completion Time: Er ar List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. Sponsoring Organization: C.0/(Al2..3l6tlt E CflUvz-C 1 af54kj h/E6 Profit ✓Not -for -Profit Chief Officer of Organization (Name) /if;TI r 5.&7Lyb is- 5g.4 Applicant (Name): (n'et.e*57 - P J-ekcJi ,o Address: / 9,-2 6 3CA,IE C4..14TF,Q R� . N 7 Daytime Phone: (4 /) S-;�332 Evening Phone: p%) 71-4-F997 Fax: C' /9) i 5, 0t,2 7i" Contact Person "on site" day of the event: � 75A_ L4 g 4-,ce Zrxi 4,01 Email 24'5iMY6 rzC%Adi • C.m Pager/Cellular: (-G r9) %2 C -779 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS l Is your organization a "Tax Exempt, nonprofit" organization? _YES NO Are ad mission, 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 pertilgnt information about the event. Qr 1' YES NO If Natthe event ional City car ldealves ers? he sale NO,listany additional dealers involved in the sale: YES/O Does the event involve the sale or use of alcoholic beverages? YES v 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 /AO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. V YES _ NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies /41 Sizes (, - JIOX•fd ' /OX/S'' NOTE: A separate Fire Department permit is required for tents or canopies. YES 40 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 p Please describe how food will be served at the event: t/Iq 4vs IA/ �j f -e 5.notj off- 40 , . l - ' 60v+r .4' C1.4. /Jae d n 'AG re,4 If you intend to cook food in the event area please ecify the method: , GAS ELECTRIC CHARCOAL V OTHER (Specify): ✓A+ss USA iy . ➢ Portable and/or Permanent Toil t 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.) et-ahrtifir) Number of trash cans: %0 Trash containers with lids: 02 3' ,, Describe your plan for clean-up and removal of waste and garbage during and after the event: iu ye U 3 Please describe your procedures for both Crowd Control and Internal Security: t tirt l r D A V YES _ NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: EIS gle Security Organization Address: .287 r D Sb Security Director (Name): Phone: _ YES /A1O 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 Staffingandand Equipment. (�%C e A. %S +vC DT g5 ! ers aw3 C'#214; vC jf t.3,Z-( kaS4 p 44 A ?.,, n zs cyst c# )4 s?e m1 Please scribe your Accessibility)In for accessccat your event by individuals with disabilities: "is P.> (7/ j..�w r r' '4- •fermi-d'r cf 3 ;5 ei P_ Dv-r c A4 PA-44,1. Please provide a detailed description of your PARKING plan: Please describe your plan for DISABLED PARKING: 6% w y4 4 � � Please describe your plans to notify all residents, businesses and churches impacted by the event: ide kwe /401y ff C �.�.. NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. I YES _ NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Type of Music: 1 Number of Bands: VYES NO Will sound amplification be used? If YES, please indicate: Start time: /0,'60 9/pm Finish Time 019 am/6 YES 40 Will sound checks be conducted prior to the event? If YES, please indic Start time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: `/ 5 )7644 r, /C C e te--L j 3 As r, r„r..3/ 1 YES V NO Fireworks, rocket, or other pyrotechnics? If YES, please describe: YES _ NO Any signs, banners, decorations, special lighting? If YES, please describe: KJ ( ;,,rn Off" �u3'�iL.rJL'Y Revised 10/3/01 Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to requesta waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organization? v Yes (proceed to Question 2) No (Please sign the form and submit it with the TUP Application) 2. Please state the name and type of organization sponsoring the event for which the TUP is sought and then proceed to Question 3. Name of the sponsoring organization e-Oi2A/gA.STd a C/it'€ H .4/1-nJ Dias-? Type of Organization ChidkCI-1 (Service Club, Church, Social Service Agency, etc.) 3. Will the event generate net income or proceeds t the sponsoring organization? Yes (Please proceed to Question 4) / V No (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and, details. 1%No (Please proceed to Question 5) 8 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Communit? Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: V No (P lease sign the form and submit it with the TUP Application) Signature Date MEETING DATE City of National City, California COUNCIL AGENDA STATEMENT August 3, 2004 AGENDA ITEM NO. 34 ITEM TITLE TEMPORARY USE PERMIT — CHRISTIANSEN AMUSEMENTS- PLAZA BONITA CARNIVAL (Aug. 25-29, 2004) PREPARED BY no rz;,PYYP / 2��_d� 1(1 DEPARTMENT Building and Safety EXPLANATION This is a request from Christiansen Amusements to conduct a carnival in the Plaza Bonita mall parking lot #1. The event will include carnival rides, food booths, games of skill and a candy wagon. Please see attachment. The event dates are as follows: Setup dates: August 23, 2004 8:00 a.m. Event: August 26 through August 29, 2004 Hours: Thurs.& Fri. 5 p.m. —11 p.m. Sat. & Sun. 1 p.m. —11 p.m. Teardown: August 30, 2004 8:00 a m Alcohol will not be sold and carnival security will provide crowd control. Environmental Review X N/A Financial Statement �p�p ved The City has incurred $226 in costs for processing the T.U.Y. trhroug nance Director departments, $170 for permits from the Fire Dept. and a $50 inspection fee is being requested from the Finance Dept., totaling $446.00. The Finance DeptAiSsting STAFF R tO't11IM WDATIOPI poslcd. Approve the Application for a Temporary Use Permit subject to compliance with all Conditions of Approval. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Application for a Temporary Use Permit with recommended approvals and Conditions Approval. A-200 (9.99) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: EVENT: DATE OF EVENT: APPROVALS: PLANNING FIRE FINANCE POLICE CITY ATTORNEY RISK MANAGER ENGINEERING PUBLIC WORKS CONDITIONS OF APPROVAL: Christiansen Amusements Carnival August 26-29, 2004 YES [x] NO [ ] YES [x] NO [ ] YES [x] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES[x] NO[ ] YES [ x ] NO [ ] SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS FIRE 336-4550 1. Emergency access throughout the carnival/booth area is to be maintained at all times. 2. Fire Department permit is required to operate a carnival. Permit fee is eighty-five dollars ($85.00). 3. A fire safety inspection is to be conducted by the Fire Department prior to operation of the carnival (all rides, cooking area, etc.). 4. Access to Plaza Bonita Shopping Center to be maintained at all times, to all entrances and Fire Department connections for fire sprinkler systems, ptandpipes, etc. 5. Fire hydrants shall not be blocked or obstructed. FINANCE 336-4330 1. A $2,500 bond is required for the carnival or circus. 2. A $50 inspection fee is required for the carnival. 3. Each participating vendor must havea separate Business License. Vendors currently licensed by the City may operate on their existing license. 4. A list of all approved vendors (with their address, phone number and current National City business license number) is to be provided to the Revenue and Recovery Division of the Finance Department prior to the event for verification of business license numbers. POLICE 336-4400 1. Recommend private security as stated in T. U. P. 2. No other conditions. Building & Safety 336-4210 1. Contact the Building and Safety Department for an electrical inspection prior to opening the carnival. (The SD County Health Department has been notified via fax on July 21, 2004). Type of Event: _ Public Concert Parade Motion Picture Fair Demonstration _ Grand Opening ae ve® Pr. Tt ZO04 _ 44 Festival _ Community EveniPTl' Circus _ Block Party Other t"4t? J /V/,L Event Title: PL4 Z B o h 1 TA_ ea. }r' n �) ile.' Event Location: 30,30 PL42 A g o 0 I T A b. Pa 10 I el ,(4 Event Date(s): From AGtGf o2�r1 to AL[�a7/ Total Anticipated Attendance: �'$-QD Tim, ✓Month/Day/Year`;25DL% ( i Participants) 7/1-Fr .3:'vo 7 ( Spectators) Actual Event Hours: 5^�'u amtrr to //00 am(® POO Setup/assembly/construction Date: 103j©ct Start time: ir, 'OOh.IK . Please describe the scope of your setup/assembly work (specific details): 64124I 2f f1t- Rapes pCt3Cr ,e7 ifemi 8/26J 5t7"etA 77e&S e/29- 77 s 6724i, ilimPAix.,, , J sAicr//x9 f:ooph gl /as1 Dismantle Date: 0/ /04-/ Completion Time: $=csc. am/e3 List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. /"/4 Sponsoring Organization: Nfi/2/a577&Ad.5A f/ht/, clifor- For Profit g ( ) /1 _ ) C / r/$ ot-for-Profit Chief Officer of Organization Name /� /�(J �1 L, flit( Applicant (Name)4x/ �;�, ) Address: �®/ O) 9f7 E•6eettai b/� ei4 72,3a'- e9?7 Daytime Phone:.( 7,3Sd g' 2 Evening Phoynee:' ,,/) 7SS2 Fax i S ) Z3` i' Contact Person "on site" day of the event: /tee '' '4! I is ( Pager/Cellular: L 66 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 L\ NO Are admission, entry, vendor or participant fees required? X YES 1_ NO If YES please explain the purpose and provide amount(s): l L'A P AWE' lee er' (y oAv e :S 7atiid o - 0 2,2 $ Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ Estimated Expenses for this event. $ /V` 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. egie- :see Aed. � 1040 6- 2 YES NO Does the event involve the sale or use of alcoholic beverages? XYES _ NO Will items or services be soldat the event? If yes, please describe: Avoel/eaud et/itc-1 /owl YES X NO Does the event involve 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 fi3'cesi venue site? If YES, attach a detailed site map showing ail streets impacted by the event. 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 ��T Please describe how food will be served at the event: I�� "ResouG73 C'Off1?,�1 cll� l� pt j d) fOeJoyied i'n a I% Perril1Pt lr 1ed l 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: t-S- (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 oflhe event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: /6,"'/ g Describe your plan for clean-up and removal of waste and garbage during and after the event: &red el*Par etel lia0 1y 71 ead- / . . 7/16z6A tow'/ r toH ,71k elf // / ,gr el4 vac I/40 Please describe your procedures for both Crowd Control and Internal Security: S e€ee r, r &'ry l4eS //�rev, ci e'onc e lad"- ,Oalral t2ar4) oal�role s )(YES _ NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: ' ' 9 Security Organization: I t / /fe 5)0(. Security Organization Address: 7g?cr eQler46 o£t" 5 1)i *ZOO (1(_ ,0, -Jjr) QZ/Qo & 71 j Security Director (Name): �7px Greetow Phone: CAl � [ / ' ' 61 YES _ NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated tqq ensure safety of the participants�an 1 spectators: / !/a f tZIt /L'ide �d4Ike has I T3 7 -A L `' kt �lAv hnio ra !',V 1 tAS€a/ Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. A&55— /rrO lae't / fi2 /1'7" e_A-R,vr Z J t- ef"f,E Please describe your Accessibility Plan for access at your event by individuals with disabilities: "AZA- 0.5 /771- J✓ 'iU tor ''ae r I WO ALL- b i r',¢p • c© err L 1) 911E- , ,9cC 13E- "1/1-4X1 Please provide a detailed description of your PARKIN plan: _ C' 1/t i//Iz Idi o415 //i) 4 Please describe your plan for DISABLED PARKING: SE ©ic ems ,0( / t/k/4 LS)f 1"2-k-Mi6 6P &S 141'Z4.. BE itOcQuizilc r Please describe your plans to notifyti/all residents, businesses a d churches impacted by the evy entPiet 24., Beat T1 Cl�l�� I fS% Q`/ */ill J3 ,4 e O tr0. x07/ ,fie d c./a l e Oeyoler - eze,s 7vv Ad r 171 1.f1/10'/ / % Jri*-75Xt 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: Type of Music: _ YES NO Will sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm _ YESX NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: Number of Bands: YESX NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: A, YES _ NO Any signs, banners, decorations, special lighting? If YES, please describe: Abates- i4-s gn---!mt e 5 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 ZIA/ZJ571/MI55e4) AX5 Person in Charge of Activity P# .�(5-ecDAA0Aoff3 c900.2 Address Q'%%i`�ty. bsOX 7� MJ4/i/C4 92 D3, z)?f Telephone 7 D 733-` 8 (2 Dates) of Use 41.1 2 yJ20Y HOLD HARMLESS AGREEMENT The undersigned hereby agree(s) to hold the City of National City and the Parking Authority of the City of National City harmless and indemnify the City of National City and the Parking Authority of the City of National City from and ` { against all claims, demands, costs, losses, damages, injuries, litigation and liability arising out of or related to the use of public property by permutes or permitee's agents, employees or contractors. Official Title Date For Office Use Only Certificate of Insurance Approved Date 7 ACORD CERTIFICA E OF LIABILITY INSURA E DATE(MMIDD/YYYY) 7/1/2004 PRODUCER Allied Specialty Insurance, Inc. 10451 Gulf Blvd. Treasure Island, FL 33706 1-800-237-3355 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Christiansen Amusements, Inc. P.O, Box 997 Escondido CA 92033 INSURER A T.H.E. Insurance Company INSURER B: INSURER C: INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADD'L )NSRQ TYPEOEINSUEANOF POLICY NUMBER POUCY EFFECTIVE DATE (MM/DD/YY1 POUCY EXPIRATION DATE RMUDD/YY1 UNITS A GENERAL LIABILITY COMMERCIAL GENERAL UABIUTY M4MT2521 4/1/2004 4/1/2005 - EACH OCCURRENCE $ 1,000,000 X DAMAGE DAMAGE PO RENTED S(Ea occurencel 50000 $ 1 CLAIMS MADE X OCCUR MED EXP (My one person) $ PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 10,000,000 $ 1,000,000 GEN'L AGGREGATE LIMIT APPUES PER: PRODUCTS - COMP/OP AGG POLICY PRr n LOC AUTOMOBILE UABIUTY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE UMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE UABIUTY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER EA ACC $ THAN AUTO ONLY: AGG $ EXCESS/UMBRELLA UABIUTY EACH OCCURRENCE; $ OCCUR CLAIMS MADE AGGREGATE $ DEDUCTIBLE RETENTION $ $ $ $ WORKERS COMPENSATION AND EMPLOYERS'LWHUTY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below WC STATU- OTH- TORY OMITS ER E.L EACH ACCIDENT $ E.L DISEASE - EA EMPLOYEE $ E.L DISEASE - POLICY UMIT $ OTHER DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Additional Insured with respects to operations of the named insured: City of National City and the Parking Authority of National City, its officials, employees, agents and volunteers. !`CCITICI"ATC' 1.1A1 .11, — ____—_ City of National City 1243 National City Boulevard National City, CA 91950 ACORD 25 (2001/08) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBUGATION OR UABIUTY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESS VE ` ®ACORD RPORATION 1988 Map 1of2, i'AEFVf•J Carnival site ENTRANCE J y. n.P:nE7 pktza balk' Carnival August 29-29,2004 Christiansen Amusements P.O. Box 997, Escondido 92033 (760) 735-8542 Christiansen Amusements P.O. Box 997 Escondido, Ca. 92C33-007 (760) 735-8542 fax (760) 735-8543 Contact: Bill Jacob Emergency Exit Thr. 5pm to 11pm Fri. 5pm to 11 pm Sat. 1 pm to 11 pm Sun. 1pm to llpm Major Ride d H 6' ft. temp. fence Landscaped curbs Ticket box m Westfield Shopping Town 3030 Plaza Bonita Rd. National City, Ca. 91950 Date: wig. 26-29, 2004 Generator ' ftistrjomi Line Up Games Emergency Exits posted on Plot Plan. Distance of Features to Perimeter minimum of 20' W d 0 W tiallgErg Map 2 of 2 Plaza Bonita m8aiixesfli CHRISTIANSEN AMUSEMENTS Westfield Shoppingtown Plaza Bonita 3030 Plaza Bonita Road, National City, CA 91950 Thursday/Friday 8/26-27 5 pm to 11 pm Aug. 26-29, 2004 Saturday/Sunday 8/28-29 1 pm to 11 pm Christiansen Amusements has again been commissioned by Westfield Shoppingtown to conduct small family carnivals at its various shopping centers in Southern California in 2004. This year's event is the same as previous events. Plaza Bonita will donate a portion of the proceeds to the Sweetwater Kiwanis. This carnival event is targeted to reach the local community families surrounding Plaza Bonita and provide affordable, safe entertainment for the community and Plaza Bonita customers. Following is a list of rides and games. Not all of the rides and games will be used. The total number selected will depend on the actual layout availability. See the attached plot plan and ride list for details. A) Rides: Adult Rides: Bumper Cars, Casino, Ferris Wheel, Paratrooper, Round Up, Rock-O-Plane, Zumur Kiddie Rides: Merry -Go -Round, Cycle & Cars, Go-Gator, Elephants, Non -mechanical: Slide, Raiders (walk-thru) Inflatable Bounce B) Games: Balloon Dart, Mini -Basketball, Long Range Basketball, Tubs, Buoy Pitch, Goblet Toss, Punk, One Ball, Turtles, Mini -Basketball, and possible other similar games. Christiansen Amusements has made standard policy for these events the following safety elements acknowledged by the National City Police Department which help make for a safe, enjoYable event for all who attend: 1) A temporary, six-foot cyclone fence surrounds each event with one clearly marked entrance as the only way into the carnival. This prevents random, uncontrolled access to and from the event. 2) Each event features a Security Guard staff that includes 1-2 guards monitoring the admission gate and collecting all admission tickets. Any customers in inappropriate attire or unruly groups are instructed that this is a family event and their actions must be accordingly. Also, 2-4 other guards patrol the grounds of the carnival throughout all open hours to insure safe and proper activity. Christiansen Amusements also has staff and supervisors that serve a security and control function. One final similar element is attendance. Unlike circuses and concerts, the crowds and total attendance are usually limited to a few hundred people at a time and a few thousand people total over the 30-hour weekend event. This means that with the exception of the two or three busy hours Friday and Saturday evenings, crowds and parking and traffic flow are easily monitored and controlled. Christiansen Amusements knows that safety is the single most important element we must provide at our carnivals and we address the issue seriously, professionally and effectively. We will take every precaution necessary at Plaza Bonita to again assure a safe and enjoyable atmosphere for everyone. /WESTERN FAIRS ASSOCIATION P.O. Box 997, Escondido, CA 92033-0997 • http://www.amusements.com Marketing (760) 735-8542 • Fax (760) 735-8543 • Corporate (760) 741-7552 • Fax (760) 741-2670 r 0e12 8ewuee,a is FOR Christiansen Amusements Westfield Shoppingtown Plaza Bonita 3030 Plaza Bonita Road, National City, CA 91950 August 26-29, 2004 Ride List 1. Casino 2. Ferris Wheel 3. Paratrooper 4. Rock-O-Plane 5. Round -Up 6. Scooter 7. Zumer (swing) 8. Elephants 9. Go-Gator 10. Merry -Go -Round 11. Motorcycle Jump 12. Umbrella Car Non Mechanical 13. Awesome Bounce 14. Raiders 15. Slide 16. Fun House Food/Candy Booth C-16023 C-15867 C-14976 C-176 C-24 C-17911 C-3640 C-182 C-8697 C-10424 C-6639 C-5607 Games List Add -a -Dart Balloon Dart Bank -a -Ball Bottle Bust Buoy Pitch Goblet Toss Long Range Basketball Machine BB Guns Mini -Basketball One Ball Tubs of Fun Turtle Creek All rides OSHA approved. Bold C#'s are Major Rides. Electrical system meets NEC Article 525 code. Rides and games limited to space and availability and subject to change. / 2_ P.O. Box 997, Escondido, CA 92033-0997 • http://www.amusements.com Marketing (760) 735-8542 • Fax (760) 735-8543 • Corporate (760) 741-7552 • Fax (760) 741-2670 s /yff5 ASS' 07/13/2004 12:01 FAX Westfiekt MernoSNOPPINGTOWN PLAZA BONITA 3030 plaza Bonita Road #2075 National City, CA 91950 Telephne 267-2860 Facalml a (619)61472.5552 DATE: July 13, 2004 TO: City of National City Building & Safety Department FROM: Donna Kudrick, Specialty Leasing Manager SUBJECT: Christiansen Amusement Temporary Use Permit We are planning on holding a family carnival with Christiansen Amusements on our property August 23, 2004 through August 30, 2004. See letter attached. Please call me if you should have any questions. Thank you. Q7.-13/2004 12:15 FAX t$/JUUG/ uu= July 13, 2004 City ofNational City Building & Safety Department 1243 National City Boulevard National City, CA 91950-4397 ATTN: Rosie Kateras RE: Temporary Use Permit Dear Ms. Kateras: estfleid SHOPPINGTOWN PLAZA BONITA 3030 Plaza Bonita Road. Suite 2075 National City, CA 91950-8007 Telephone 16191267-2850 Facsimile 16191 472-5652 Bu` r„.. AND L,e � P ®D fpT jut trrONgC co 4 2004 ' C'�Clfi This letter serves as official authorization for Christiansen Amusement to hold a family carnival on our Westfield Shoppingtown Plaza Bonita property located at 3030 Plaza Bonita Road, National City, CA 91950. Christiansen Amusement is approved to occupy the parking lot on our propert:, -r 08/23/04 - 08/30/04 for setup, operation and removal of the carnival. The actual event is 8/26/04 — 8/29/04. Feel free to call if you should have any questioff—Than ck you.: Sincerely, PLAZA BONITA LP Donna Kudrick Specialty Leasing Manager 1�