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2006 04-04 CC CDC AGENDA PKT
Agenda Of A Regular Meeting National City City Council Agenda of a Regular Meeting Community Development Commission of the City of National City Council Chambers Civic Center 1243 National City Boulevard National City, California Regular Meeting - Tuesday — April 4, 2006 - 6:00 P.M. Open To The Public Please complete a request to speak form prior to the commencement of the meeting and submit it to the City Clerk. It is the intention of your City Council and Community Development Commission (CDC) to be receptive to your concems in this community. Your participation in local government will assure a responsible and efficient City of National City. We invite you to bring to the attention of the City Manager/Executive Director any matter that you desire the City Council or Community Development Commission Board to consider. We thank you for your presence and wish you to know that we appreciate your involvement. 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 or Community Development Commission action must be brought back on a subsequent Council or Community Development Commission Agenda unless they are of a demonstrated emergency or urgent nature. Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at 336-4228 to request a disability -related modification or accommodation. Notification 24 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Spanish audio interpretation is provided during Council and Community Development Commission Meetings. Audio headphones are available in the lobby at the beginning of the meetings. Audio interpretacion en espanol se proporciona durante sesiones del Consejo Municipal. Los audiofonos estan disponibles en el pasillo al principio de la junta. 1J,- Council Requests That All CeII Phones And Pagers Be Turned Off During City Council Meetings OPIES OF THE CITY COUNCIL OR COMMUNITY DEVELOPMENT COMMISSION MEETING AGENDAS AND MINUTES MAY BE OBTAINED THROUGH OUR WEBSITE AT www.ci.national-city.ca.us COUNCIL AGENDA 4/4/06 Page 2. CITY COUNCIL INTERVIEWS/APPOINTMENTS 1. Interviews and Appointments: Various Boards & Commissions (City Clerk) CONSENT CALENDAR Consent Calendar: Consent calendar items involve matters, which are of a routine or noncontroversial nature. All consent calendar items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. 2. Approval of the Minutes of the Regular City Council Meeting of January 17, 2006. City Clerk) 3. 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) 4. Resolution authorizing the City Council to award the purchase of 22 solar alley lights to Eagle-1 Mfg. U.S.A. using $114,000 in State Grant funds. (Building & Safety) 5. Resolution denying a Tentative Subdivision Map and Conditional Use Permit for the proposed conversion of the Van Linn Apartments (48 rental units) to condominiums at 1905-1935 J Avenue and 1904-1934 K Avenue. (Applicant Weststone Management Consultants) (Case File No. S-2003- 7/CUP-2003-26) (Planning) 6. Resolution of the City of National City allocating $73,765 from the Non - Departmental Provision for Contingency Account Number 001-409-710 to Account Number 196-409-500-598-1156; and approving a contract modification with Rore Environmental in the same amount for additional work required by San Diego Department of Environmental Health associated with the removal of the four underground fuel storage tanks at the Public Works yard. (Engineering) COUNCIL AGENDA 4/4/06 Page 3 CONSENT CALENDAR (Cont.) 7. WARRANT REGISTER # 36 (Finance) Ratification of Demands in the amount of $1,418,403.30, 8. Temporary Use Permit — St. Anthony of Padua Festival, June 10-11, 2006 from 9:00 a.m. to 8:00 p.m. daily at 1816 Harding Avenue with no waiver of fees. (Building & Safety) 9. Temporary Use Permit — Vehicle storage at the National City Train Depot on Bay Marina Drive and Harrison Avenue, from April 4, 2006 to February 1, 2007 with no waiver of fees. (Building & Safety) ORDINANCE FOR ADOPTION 10. Ordinance approving amendments to Section 13.08.20 which amends the existing subdivision installation requirements related to utilities. (Engineering) NON CONSENT RESOLUTION 11. Resolution authorizing the City Council to award the purchase of a steel building for the Christmas in July warehouse to Empire Steel Buildings using $100,000 in State Grant funds. (Building & Safety) NEW BUSINESS 12. Review of proposed 480 square foot bedroom addition for substantial conformance with the requirements established by the Planned Development Permit for a second residential unit on a 10,500 square foot property at 1937 Lanoitan Avenue. (Applicant: Felipe Ruelas) (Planning) 13. An appeal to the City Council for handicap blue curb at 1720 Harding Avenue. (B. Juarez TSC Item No. 2006-5) (Engineering) 14. Staff Report on the Ordinances regulating and terminating nonconforming uses. (City Attorney) COUNCIL AGENDA 4/4/06 Page 4 COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR 15. Ratifications of Expenditures of the Community Development Commission: Expenditures for the period of 03/08/06 through 03/21/06 of $361,781. (Community Development/Finance) 16. Resolution of the Community Development Commission of the City of National City authorizing the Chairman to execute a First Amendment to Agreement with Falkenberg/Gilliam & Associates to reinstate the agreement and extend for six months the management of Kimball Tower and the management of Kimball Tower and the management of Morgan Tower. (City Attorney) PUBLIC HEARING 17. Public Hearing — Conduct Public Hearing for property lease with Mossy Nissan Incorporated to use the southern portion of the National City Train Depot site (922 West 23rd Street) for vehicle storage as a short-term interim use, prior to opening of the Marina Gateway Hotel. (Community Development Commission) NON CONSENT RESOLUTION 18. Resolution — Consideration of a lease with Mossy Nissan Incorporated to use the southern portion of the National City Depot Site (922 West 23rd Street) for vehicle storage as a short-term interim use, prior to opening of the Marina Gateway Hotel and authorizing the Chairman to execute the lease. (Community Development Commission) 19. Resolution authorizing UNIDEV, LLC to submit an application for 4 percent and 9 percent low income tax credits for the proposed Senior Village Project and authorizing the expenditure of $189,000 from the Community Development Commission Low Income Set Aside Fund to submit the application and implement additional predevelopment work associated with the proposed project. (Community Development Commission) COUNCIL AGENDA 4/4/06 Page 5 NEW BUSINESS 20. Report: Owner Participation Process — Development proposals for the block bounded by National City Boulevard to the west, 11th Street to the north, 12th Street to the south, and the alley to the east. Subject Property: 1105, 1121, 1123, 1145 National City Boulevard. (APN 556-554-18, -19, 20, -21). Applicants/Owner Participants: Constellation Property Group (Revolution R1) - Tiger Trust (Project "A") (Community Development Commission) STAFF MAYOR AND CITY COUNCIL 21. Request that Council take a position on immigration legislation. (Mayor) CLOSED SESSION Conference with Legal Counsel — Anticipated Litigation Initiation of Litigation Pursuant to Government Code Section 54956.9 (c) (One Potential Case) Conference with Legal Counsel — Existing Litigation — Government Code Section 54956.9 (a) PG&T, Inc. v. City of National City, San Diego Superior Court Case No. GIS 24076 ADJOURNMENT Next Regular City Council and Community Development Commission Meeting Tuesday — April 18, 2006 - 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 .AEETING DATE City of National City, California COUNCIL AGENDA STATEMENT March 7R, 7006 AGENDA ITEM NO. 1 ITEM TITLE PREPARED BY INTERVIEWS AND APPOINTMENTS: Various Boards & Commissions Michael R. Dalla DEPARTMENT City Clerk EXT. EXPLANATION Several vacancies exist on various Boards & Commissions. The vacancies have been advertised and posted. In addition, announcements have been made and flyers and applications have been distributed at Neighborhood Council meetings. Interviews were conducted during the March 21st Council Meeting. We were directed to have appointments on this agenda. The current pool of applicants is still small. Any new applications that are submitted will be distributed prior to the meeting. Current vacancies and eligible applicants are listed below. Street Senior Library (1) Tree (2) Citizens (1) B. Clapper B. Clapper R. Andrade Park/ Rec (1) R. Andrade A. Relosado Traffic Safety (1) J. Bochniak A. Relosado L. Martin HCDC (3) J. Bochniak 1 ( Jrnvironmental Review (Financial Statement None XX N/A MIS Approval Approved By: Finance Director Account No. STAFF RECOMMENDATION Interview and appoint as Council deems appropriate BOARD / COMMISSION RECOMMENDATION NA ATTACHMENTS ( Listed Below ) None Resolution No. A-200 (Rev. 7/03) ITEM #2 4/4/06 APPROVAL OF THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF JANUARY 17, 2006 ITEM #3 4/4/06 City of National City Office of the City Clerk 1243 National City Blvd., National City, CA 91950-4397 Michael R. Daila — 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 thismeeting and provide that such Ordinances shall be introduced and/or adopted after a reading of only the title". mrd MEETING DATE April 4, 2006 City of National City, California COUNCIL AGENDA STATEMENT :4 AGENDA ITEM NO. 6-TEM TITLE PREPARED BY EXPLANATION See attached. Resolution authorizing the City Council to award the purchase of 22 solar alley lights to Eagle-1 Mfg. U.S.A. using $114,000 in State Grant funds. Kathleen Trees DEPARTMENT Building & Safety 4213 EXT. J Environmental Review X N/A Financial Statement MIS Approval Approved By: Vv� Finance Dina •r Account #: 256-413-000-5 $114,000 in funds are available through the State Code Enforcement Grant Program. 00.00 Account No. STAFF RECOMMENDATION Staff recommends that the award be made to Eagle-1 Mfg. U.S.A., and that authority be given to Purchasing Agent to issue resulting the purchase order. BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) Explanation Quotes Resolution Resolution No. A-200 (Rev. 7/03) RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE LOWEST, RESPONSIVE, RESPONSIBLE BID FOR THE PURCHASE OF 22 SOLAR ALLEY LIGHTS FROM EAGLE -1 MFG. U.S.A., USING $114,000 IN STATE GRANT FUNDS WHEREAS, the Building and Safety Director received four bids for the purchase of 22 solar energy lights. NOW, THEREFORE, IT IS HEREBY RESOLVED that the City Council of the City of National City hereby awards the contract for the purchase of 22 solar alley lights to the lowest responsive bidder, to wit: Eagle-1 Mfg. U.S.A. BE IT FURTHER RESOLVED that the City Council of the City of National City hereby authorizes the Purchasing Agent to execute on behalf of the City a purchase order between Eagle-1 Mfg. U.S.A. and the City of National City for the purchase of 22 solar alley lights, using $114,000 in state grant funds. PASSED and ADOPTED this 4th day of April, 2006. Nick Inzunza, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, 111, City Attorney Explanation: In June 2003 the City was awarded a grant to purchase capital equipment for code enforcement activities. One of the requests for funds that the Building and Safety Department made was for $114,000 for the purchase of solar lights to be placed in alleys and in locations determined by the Police Department to be areas of high criminal activity. At the April 19, 2005 City Council meeting the City approved the locations for the solar lights. The Building and Safety Department began researching various companies to determine the specifications necessary and in the process received bids from 4 different companies. Below is a list of the companies contacted and the quotes received. Company Cost of the Light Cost of the Pole Total Cost per Light Total Cost for 22 Lights Eagle-1 $ 3,956 $ 650 $ 4,606 $101,332 Alpha Solar $ 3,594 $ 1,342 $ 4,936 $108,592 Solar Outdoor Lighting Inc. $ 5,206 Not included $ 5,206 $114,532 OKSolar $ 3,925 Not included $ 3,925 $ 86,350 It is critical to purchase the lights as soon as possible Eagle-1 Mfg. U.S.A. The grant funds will have to be returned to the State if the money is not used by September 31, 2006. This time period includes purchasing the lights and poles, delivery time, contracting for the installation and installing the lights. Eagle-igU.S.A. smosimammi. environmentally jriendlyProducts for the 2lstcentury . Tel: (426) 668-1212, e-mail: mananereeaale-imfst.com City of National City Code Conformance Officer (619) 336-4317 Quotation to: National City, Attn: Salvador Gil - Code Compliance Dept. Tel: (619) 336-4317, Fax: (NA), E-mail: sgil@ci.national-city.ca.us Date: March 8, 2006. Product: Solar Powered (Electronic Timer Controlled) Roadway Lighting System. System Features: Model: HLS-35E-Gen-4 — (Dusk to dawn up to 14 hrs a night.) ,. System Output: Light output (3,600 lumens at 4,700 degrees Kelvin) X 1, High Intensity Gas Discharge Arc lamp. System Input: High Efficiency (>14%) Crystalline over 30 years life expectancy Commercial Grade Solar Panel. (Warranted for 25 years.) UL, CUL & CE Listed. System Function: To provide airport Roadway lighting. The system is designed to operate completely independent of any external power source, other than a minimum of only 33' 40.or M 1 lnshj O (open sky) a day (at photovoltaic irradiance condition of 1kW/m2, spectrum of 1.5 air mass & cell temperature of 25C) per day. System configured for: Latitude: 32.671 N, Longitude: 117.102W, National City, CA. General Arrangement: The completely self contained solar powered lighting system is to be mounted on square 5" x 5" (u%Of s)Zif) capable of taking a gross system weight of 262 lbs. per system and associated location's windage from a minimum of 2,878 square inches of solar panels per system at the customer determined pole height. (20 feet min. recommended.) The system shall consist of a weatherproof "pad lockable" PowerPac (flo-thru venting) enclosure housing the battery & electronics attached to a structural aluminum 9 foot lamp extension arm. Electronic timer is pre-set at the factory to turn the lights on at sunset and remain illuminated for up to 14 hours a night or at sunrise (which occurs first) next 30 years as long as 3 hours of sunlight is available a day (winter) to generate electricity which will be converted/stored in the batteries. The 9 foot arm extension sandwiches the pole via the PowerPac enclosure with 5 (supplied) stainless steel holts. The system is designed to "balance" on the center of gravity of the pole to help reduce side wind load stresses to the pole. The solar array caps the end of the pole with rotator adaptor secured by a stainless steel bolt. The Solar Eagle-1 MI.U.s.A. e Page 2 of 3 panels will be connected by exclusive "Posi-Loc" connectors with 4 feet of weatherproof (heavy duty "tin coated" copper,) marine cable to the electronics located in the PowerPac. The supplied Top Mount (patent pending) Solar Panel Mounting system shall have a minimum of 320 degrees adjustable (azimuth) tilt capability and an ideal 360 degree horizontal rotational ability, to provide infinite alignment flexibility (to face the sun directly regardless of lamp's position.) All external components are powder coated (oven baked paint) to provide maximum long term corrosion resistance. High capacity maintenance free (gel cell) commercial type deep cycle batteries are used to store the electrical energy generated by the solar panels in the day. It is capable of providing 5 nights of reserve power in case of inclement weather whilst operating a total of up to 14 hours per night. Operation: The stand-alone fully self-contained lighting system will illuminate automatically at sunset and shut down after a max of 14 hours or at sunrise electronically. This cycle will repeat itself nightly as long as there is at least 3 hours of bright sunshine a day (in winter) to recharge the batteries. Run time will naturally be reduced if less than the designed solar collection duration presents itself. This will only occur if extreme reduction in solar absorption is experienced after 5 consecutive no sun days. To prevent false activations, a photocell is not used to activate the Tight at sunset. Electronics are used to "sense" sunset utilizing the solar panels to activate the lamp. Consequently, there are no timers to reset caused by seasonal variations throughout the year. Also the system is designed for areas where below freezing temperatures, (down to minus 30 degrees centigrade,) are experienced. Specifications: • Single High Efficiency 2,878 square inch UL, CUL & CE, Listed compact solar array. Commercial Grade (25 years warranty) High Efficiency Crystalline Solar Panel mounted on white powder coated aluminum brackets. Panel Life Expectancy of the solar panels is over 30 years. • Electronics (potted for extreme weather resistance) are mounted in powder coated light weight aircraft aluminum control panel. • Circuit Breaker protected (re-settable) system hence no fuse replacement required. • Quality electronic relays with 100,000 cycles life expectancy. • A white powder coated top -pole solar array mounting system providing minimum 320-degree azimuth adjustments for a precise alignment with the sun with a full 360 degrees horizontal rotation. • Vented & weatherproof powder coated white Aluminum Control enclosure, switched and equipped with heavy duty water -tight strain reliefs. • One weather resistant die cast aluminum US'DOTroadway "Cobrahead" lamp;fi'xture with glass "curt -off optics." • 1 1 feet of heavy-duty marine grade (tin coated copper wires) cable connecting the lamp fixture. • 4 feet of heavy-duty marine grade (tin coated copper wires,) cable connecting the solar panels protected in Heavy Duty weather resistant Ilex conduits. Eagle-1 Page 3 of 3 • 3 feet of heavy-duty marine grade cable connecting the battery case. • 6 "posi-lock connectors" (no tools required,) to facilitate field connection. • One aluminum & steel pad lockable vented battery enclosure to prevent vandalism and powder coated to resist corrosion in a marine or harsh environments. • System is operational down to minus 30 degrees centigrade (with un-frozen batteries,) or Maximum temperatures of 100 degrees C. at 90% humidity. • 100,000 hour red L.E.D. "system energized" indicator lamp. • Exclusive re-lamping test switch; no need to wait for sunset to confirm operation. • FAA approved non -gassing heavy duty gel cell Zero Maintenance High Capacity Deep Cycle battery. • Automatic low voltage shutdown to protect battery from extreme deep discharges. • Advance charging algorithm maximizes battery life. Maintenance: Except for occasional cleaning of solar panels with warm soapy water to re-establish light transmission clarity to panels from location fallout/dust, Zero Maintenance is required. Replacement of lamp capsules after approx. 5,000 hours and battery every 5-6 years. All parts are available Factory Direct. Price Ex WA Factory: Includes packing onto pallets, shrink wrapped suitable for trucking. J56" plir`§ Optional Pole: 25 feet 5" x 5" steel 650 each powder coated white. Shipping/Handling to National City: 46100.* Optional Consumable Parts: 300-37E-001 Lamp Capsule: 300-34D-014 Gel Storage Battery $145.00. (Ave Life: 2-3 years) $198.00 each. (Ave. Life 5-6 years) Payment: 25"/0 deposit on order confirmation and balance when system is ready for shipment. Price Validity: 30 days from date of quotation. Delivery: 6 - 8 weeks or earlier after receipt of deposit to start custom configuration. Sincerely, Dan E. Soon Fryelands Industrial Park, 17239 Tye Street, Ste F, Monroe, WA 98272 USA Attachment A LOCATIONS IN ACCORDANCE WITH POLICY 706 HIGH PRIORITY FOR POLICE DEPARTMENT The following locations were in accordance with City Council Policy 706, poles were available for installation and SDG&E has been notified. One light has been installed. SDG&E is not able to give the City a timeline of when the other lights will be installed. With the exception of 1 resident request, these locations are high priority for the police department. New Street Light Location 2337FAve SE Corner of 18th & 0 SW Corner of 9th & C Comer of 24th & G Cul-d-sac next to 2205 10th St In front of11161st St In front of 420 T Ave Corner of 9ti' & C In front of 302 W 19`h St. 2 lights 400-700 blocks of Q Problem Gang area, vehicle burglaries, narcotics sales Traffic and overall crime Rape High gang activity on 2300 block of G, gang area, vehicle burglaries and narcotics sales on 600 and 700 block of 24t St. Dark area with traffic problems Resident request Auto theft activity Overall crime potential (very dark) Homeless, gangs, graffiti Gangs, transients, overall crime The following location is in accordance with City Council Policy 706 and CDC will install the light. This location is a high priority for the police department. New Street Light Location 817 Eta next to Delta Street 1 Problem Gang crime LOCATIONS NOT IN ACCORDANCE WITH POLICY 706 HIGH PRIORI FOR POLICE DEPARTMENT The following locations are not in accordance with City Council Policy, poles are available for installation and the locations are high priority for the Police Department. New Street Light Location Problem 1341 Coolidge Resident request 1400 Roosevelt Resident request 400 W 156 St Resident request 440 W 18th St Resident request 1900 Wilson Ave Resident request 1400 — 1700 Coolidge High narcotics and gangs 1700 N Ave Gang house, narcotics area, previous murder 700 R Ave Stolen vehicle drop off 1507 Coolidge Ave SE corner Gang house 1600E 18th St Gang house 1827 E 18th St. Gang house The following locations are not in accordance with City Council Policy, poles are not available for installation and the I4cations are high priority for the Police Department. New Street Light Location 800 — 900 B Ave 1800 Wilson 1900 J Ave 2100 G Ave 1911 E 20th St. Problem High narcotics, parolees and gangs Resident request Gang area Very high gang activity Gang house 2 LOCATIONS NOT IN ACCORDANCE WITH POLICY 706 — CONT. HIGH PRIORITY FOR POLICE DEPARTMENT The following locations are not in accordance with City Council Policy, poles are not available for installation, power is not available and the locations are high priority for the Police Department. New Street Light Location Problem 1000 —1100 B Ave Domestic violence safe house, high narcotics, parolees and gangs The following alley locations are not in accordance with City Council Policy and the locations are high priority for the Police Department. Solar lights would be used and paid for with grant funds. New Street Light Location Problem Alley behind 111 E 5th 2300 Highland — east alley Resident request — prostitution High level of transients, vandalism, gangs and drinking in public 3 LOCATIONS NOT IN ACCORDANCE WITH POLICY 706 NOT HIGH PRIORITY FOR POLICE DEPARTMENT The following locations are not in accordance with the City Council Policy, poles are available. New Street Light Location Problem 900 Fig Court Auto theft activity 400 Harding Resident request 3100 E Ave (N side Stein Farm) Dark E Ave in front of school Resident request — very dark D Ave next to drive-in Potential for sexual assaults 1720 Highland Ave. High narcotics National City Blvd. High prostitution 3125 Roosevelt Resident request 1900 L Ave Resident request The following locations are not in accordance with the City Council Policy, poles are not available. New Street Light Location Problem 400 — 600 Hoover Stolen vehicle drop off 2800 — 2900 Roosevelt Resident request The following are not in accordance with the City Council Policy, solar lights purchased with grant money would be used. Granger Music Hall parking lot - 4 lights Dark, homeless, dumping trash Kimball Park - parking lot behind City Hall and behind Kimball Recreation Center Swimming pool south side In front of Camacho Gym At El Toyon Rec Center 4 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE April 4, 2006 AGENDA ITEM NO. 5 /ITEM TITLE ITEM Denying a Tentative Subdivision Map and Conditional Use Permit for the Proposed Conversion of the Van Linn Apartments (48 Rental Units) to Condominiums at 1905-1935 J Avenue and 1904-1934 K Avenue (Applicant: Westone Management Consultants) (Case File No. S-2003- 7/CUP-2003-26) PREPARED BY Andrew HosgSon, 336-4310 DEPARTMENT Planning EXPLANATION The City Council voted to deny this item at the March 21, 2006 meeting. The attached resolution is needed to follow through on the action. Environmental Review N/A Categorical Exemption Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Adopt the attached resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution Resolution No. A-200 (9/99) RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DENYING A TENTATIVE SUBDIVISION MAP AND CONDITIONAL USE PERMIT FOR THE PROPOSED CONVERSION OF THE VAN LINN APARTMENTS (48 RENTAL UNITS) TO CONDOMINIUMS AT 1905-1935 J AVENUE AND 1904-1934 K AVENUE APPLICANT: WESTONE MANAGEMENT CONSULTANTS CASE FILE NO. S-2003-7/CUP-2003-26 WHEREAS, application was made for approval of a Tentative Subdivision Map and Conditional Use Permit for the proposed conversion of the Van Linn Apartments (48 rental units) to condominiums at 1905-1935 J Avenue and 1904-1934 K Avenue on property generally described as: Block 6 of J. J. O'Brien's Subdivision of the southeast quarter of 20 acre Lot 2 in quarter section 133 of Rancho de la Nacion, in the City of National City, County of San Diego, State of California, according to map thereof no. 1068, filed in the Office of the County Recorder of San Diego County. WHEREAS, the Planning Commission of the City of National City, California, considered said application at public hearings held on December 5, 2005, January 9, 2006 and February 6, 2006, and by Resolution recommended denial of the application; and WHEREAS, the City Council of the City of National City considered said applications at a public hearing held on March 21, 2006, 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-2003-7 and CUP-2003-26, which is 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, California, that it hereby denies the Tentative Subdivision Map and Conditional Use Permit for the proposed conversion of the Van Linn Apartments (48 rental units) to condominiums at 1905-1935 J Avenue and 1904-1934 K Avenue based on the following findings: review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 4th day of April, 2006. NICK INZUNZA, MAYOR ATTEST: MICHAEL R. DALLA, CITY CLERK APPROVED AS TO FORM: GEORGE H. EISER, III -CITY ATTORNEY FINDING FOR DENIAL OF THE TENTATIVE SUBDIVISION MAP FOR CONVERSION OF THE VAN LINN APARTMENTS TO CONDOMINIUMS The proposed Tentative Subdivision Map to convert 48 existing apartment units into condominium units is not consistent with the National City General Plan Housing Conservation Policy which states "consider, on a case -by -case basis, the conversion of existing apartments or other rental properties to condominiums, community projects, or stock cooperatives in order to provide additional home ownership opportunities at all income levels" since the project will reduce the range of existing rental housing opportunities, by specifically removing larger (i.e. 2 and 3 bedroom) apartment units, which are in short supply and provide suitable housing for larger family households from the existing rental housing stock. Larger families are considered a special needs housing group because of their need for larger units, which are often limited in supply and therefore can command higher rents which can lead to overcrowding. Based on 2000 Census data, overcrowding disproportionately affected renters - 42.4 percent of renters versus 23.9 percent of owners lived in overcrowded conditions. Furthermore, the City's Housing Element indicates that the availability of three -bedroom units is limited therefore converting an existing apartment complex with larger units sizes would limit available housing for this particular segment of the community FINDING FOR DENIAL OF THE CONDITIONAL USE PERMIT FOR CONVERSION OF THE VAN LINN APARTMENTS TO CONDOMINIUMS That the proposed conversion of the Van Linn Apartments into residential condominiums is not deemed essential and desirable to the public convenience and welfare, since the conversion will result in the displacement of a number of long-time residents of the community by removing existing large apartment units (i.e. 2 and 3 bedroom units), that are in short supply in National City and provide suitable housing for larger family households. This particular type of rental housing stock is limited within the City (City's Housing Element). Coupled with the need to provide adequate housing for larger family households, the conversion of an existing apartment complex with larger units sizes would not be deemed essential or desirable since this particular housing type would be reduced within the community. The proposed conversion of the Van Linn Apartments into residential condominiums is not consistent with Housing Element goals and objectives, since there are limited large unit size apartments (i.e. large 2 and 3 bedroom) within the community, therefore, the conversion to condominiums will result in a short supply of large unit size apartments. 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 City of National City, California COUNCIL AGENDA STATEMENT April 4, 2006 MEETING DATE 6 AGENDA ITEM NO. (ITEM TITLE Resolution of the City of National City Allocating $73,765 from the Non -Departmental Provision for Contingency Account Number 001-409-710 to Account Number 196-409-500-598-1156; and approving a contract modification with Rore Environmental in the same amount for additional work required by San Diego Department of Environmental Health associated with the removal of the four underground fuel storage tanks at the Public Works Yard. PREPARED BY Stephen Kirkpatrick EXPLANATION DEPARTMENT See attached. Engineering Ext. 4383 Environmental Review Financial Statement X N/A It is recommended that $73,765 be transferred from the Non-Departme ta1 rovision for Contingency Account Number 001-409-710 to Account Number 196-409-500-598-1156. ie. Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. L.... 1. Resolution 2. November 15, 2005 Council Report 3. Contract Modification Letter A-200 (9/80) Resolution of the City of National City Allocating $73,765 from the Non -Departmental Provision for Contingency Account Number 001-409-710 to Account Number 196-409- 500-598-1156; and approving a contract modification with Rore Environmental in the same amount for additional work required by San Diego Department of Environmental Health associated with the removal of the four underground fuel storage tanks at the Public Works Yard. Explanation: On November 15, 2005 through Resolution 2005-246 the City entered into an agreement with Rore Environmental to remove the four underground storage tanks at the Public Works Yard. A copy of the contract is attached. The contract, in basic terms, was to prepare a work plan for approval by the San Diego County Department of Environmental Health, remove and dispose of the four tanks, remove and dispose of any contaminated soil, and "closure" of the site in accordance with the standards set by the San Diego County Department of Environmental Health. The work plan was submitted to and approved by DEH. However during the excavation for the tanks it was discovered that tanks had leaked a great deal more than originally contemplated. In fact, after the tanks were removed there was actually "free -product" in the excavation that had to pumped -out for disposal. A representative for the DEH was on site during the entire operation and directed that additional soil be removed from the excavation compared to what was estimated in the work plan. City staff instructed that Rore do as requested by the DEH. The additional soil totaled 400 tons. In addition the DEH now wants three monitoring wells installed and monitored to ensure that the removal of the soil has cleaned the site and it can be "closed." This contract modification is for the excavation and disposal of the additional 400 tons of soil. It is also for the installation and monitoring of the new wells required by DEH. Attached is a letter from Rore Environmental that details the required work. Finally, the State of California has established a UST Clean-up Fund. Much of the clean- up required is eligible for reimbursement, although the application process is extensive and reimbursement can take as long as a year to receive. This contract modification hires Rore to prepare the application forms for submittal to the State. RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY TRANSFERRING $73,765 FROM THE NON -DEPARTMENTAL PROVISION FOR CONTINGENCY ACCOUNT, ACCOUNT NUMBER 001-409-710 TO ACCOUNT NUMBER 196-409-500-598-1156, AND APPROVING AN AMENDMENT TO THE SCOPE OF SERVICES UNDER AN AGREEMENT DATED NOVEMBER 15, 2005 WITH RORE ENVIRONMENTAL SCIENCE AND ENGINEERING IN THE SAME AMOUNT FOR ADDITIONAL WORK REQUIRED BY SAN DIEGO DEPARTMENT OF ENVIRONMENTAL HEALTH ASSOCIATED WITH THE REMOVAL OF THE FOUR UNDERGROUND FUEL STORAGE TANKS AT THE PUBLIC WORKS YARD. WHEREAS, pursuant to Resolution No. 2005-246, adopted on November 15, 2005, the City Council authorized an agreement with Rore Environmental Science and Engineering to remove four underground storage tanks at the Public Works Yard; and WHEREAS, during the excavation of the tanks it was discovered that the tanks had leaked more than originally anticipated, and at the direction of the San Diego County Department of Environmental Health (DEH), the City instructed Rore Environmental Science and Engineering to remove additional soil, which totaled 400 tons; and WHEREAS, DEH has directed that three monitoring wells be installed and monitored to ensure that removal of the soil has cleared the site so that it may be closed; and WHEREAS, it has been proposed that the scope of services under the original agreement with Rore Environmental Science and Engineering be amended to include additional work for the removal of the additional 400 tons of soil, to include the installation and monitoring of the required monitoring wells, and to authorize Rore Environmental Science and Engineering to prepare application forms to submit to the State for the City to receive reimbursement for the clean-up from the State's Underground Storage Tank Clean -Up Fund, all as set forth in a letter dated March 9, 2006 from Rore Environmental Science and Engineering to the City Engineer; and WHEREAS, it is necessary to transfer $73,765 from the Non -Departmental Provision for Contingency Account, Account No. 001-409-710, to Account No. 196-409-500- 598-1156 to pay for the additional services to be performed under the amended scope of services until state grant funds are received. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves an amendment to the scope of services under an agreement dated November 15, 2005 with Rore Environmental Science and Engineering, as set forth in a letter dated March 9, 2006 from Rore Environmental Science and Engineering to the City Engineer. BE IT FURTHER RESOLVED that the City Council hereby authorizes the transfer of $73,765 from the Non -Departmental Provision for Contingency Account, Account No. 001-409-710, to Account No. 196-409-500-598-1156. PASSED and ADOPTED this 4th day of April, 2006. ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III, City Attorney Nick Inzunza, Mayor • • City of National City, California COUNCIL AGENDA STATEMENT EETING DATE November 15, 2005 6 AGENDA ITEM NO. TTPM TITLE Resolution allocating $91,360 from the Non -Departmental Provision for Contingency to Accotl`; No. OUnf-4QT710, to Account No. 196-409-500-598-1156; and awarding a contract to RORE Environmental Science & Engineering in the amount of $174,460 for the removal of four underground storage tanks, to conduct a subsurface site assessment, and to implement remediation per requirements of the County of San Diego Department of Environmental Health at the Public Works Yard located at 2100 Hoover Avenue. PREPARED BY Stephen Kirkpatrick DEPARTMENT Engineering EXT. 4380 EXPLANATION See attached Explanation. Environmental Review N/A MIS Approval Financial Statement Approved By: �v�C $83,100 is available in account number 196-409-500-598-1156. Moan rector It is recommended that $91,360 be transferred to this account from the Non-Depa mental Provision for Contingency. Account No. STAFF RECOMMENDATION Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution 2. Public Work Yard Summary 3. RORE Contract Resolution No. A-200 (Rev. 7/03) EXPLANATION There have been a total of six underground petroleum product tanks at the Public Works Yard located at 2100 Hoover Avenue. Recently, a 15,000-gallon gasoline tank and a 5,000-gallon diesel tank were removed. The other four tanks were abandoned in place in 1989. Over the years, the County of San Diego Department of Environmental Health (County DEH) has required that the City conduct routine soil sampling and testing at the site. Attached is summary of the site dating back to 1986.. This site has been an issue for the City and County DEH for many years. Ultimately this site must be "closed" as defined by the County DEH. It is recommended that this be accomplished now in order to prevent further County DEH enforcement action (monetary penalties). The contract being considered with RORE will accomplish this purpose. It is important to note that the Community Development Commission is considering this site for re- development. The remediation plan proposed and implemented will consider the possible re- development and ensure that the remediation is appropriate for the ultimate purpose. It is likely that the remediation proposed for a housing development will be different from the remediation necessary to operate an asphalt -paved Public Works Yard. Consequently to the extent feasible the City will work with the Community Development Commission to recuperate remediation costs as appropriate. RORE Environmental Science & Engineering was selected by the Community Development Commission through the Request for Qualification process appropriate for selecting a professional service. City staff is "piggy -backing" on that selection process and recommending that the contract be awarded to RORE based upon their qualifications. • • RESOLUTION NO. 2005 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO RORE ENVIRONMENTAL SCIENCE AND ENGINEERING, INC. IN THE AMOUNT OF $174,460 FOR THE REMOVAL OF FOUR UNDERGROUND STORAGE TANKS, TO PREPARE A SUBSURFACE SITE ASSESSMENT, AND IMPLEMENT REMEDIATION PER REQUIREMENTS OF THE COUNTY OF SAN DIEGO DEPARTMENT OF ENVIRONMENTAL HEALTH AT THE PUBLIC WORKS YARD LOCATED AT 2100 HOOVER AVENUE, AND ALLOCATING $91,360 FROM THE NON -DEPARTMENTAL PROVISION FOR CONTINGENCY FUND BALANCE, ACCOUNT NO. 001-409-710, TO ENGINEERING'S UPGRADE/REMOVAL FUEL TANKS POLICE DEPARTMENT AND PUBLIC WORKS YARD ACCOUNT NO. 196-409-500-598-1156 WHEREAS, there have been a total of six underground petroleum product tanks at the Public Works yard located at 2100 Hoover Avenue. Two tanks were recently removed and the remaining four tanks were abandoned in 1989; and WHEREAS, periodically, the County of San Diego Department of Environmental Health (DEH) requires the City to conduct routine soil sampling and testing at the site, but ultimately, this site must be closed as defined by the County DEH, which requires the removal of the four remaining underground storage tanks, a subsurface site assessment, and implementation of remediation; and WHEREAS, the Community Development Commission of the City of National City (CDC) is evaluating this site for redevelopment. The remediation plan proposed will consider the possible redevelopment and ensure that the remediation is appropriate for the ultimate use; and WHEREAS, through the Request for Qualification process, the Community Development Commission of the City of National City (CDC) has contracted with RORE Environmental Science and Engineering, Inc. for on -call environmental consulting services; and WHEREAS, staff desires to piggy -back on CDC's selection process and award the contract for removal of four underground storage tanks, to conduct a subsurface site assessment, and to implement remediation per requirements of the County DEH to RORE Environmental Science and Engineering, Inc.; and WHEREAS, pursuant to Section 12.60.220(D) of the National City Municipal Code, the Purchasing Agent may dispense with the requirements of the bidding process when the City Council determines that due to special circumstances, it is to the City's best interest to purchase a commodity or enter into a contract without compliance with the bidding procedure; and WHEREAS, a reallocation of $91,360 from the Non -Departmental Provision for Contingency Fund Balance, Account No. 001-409-710, to Engineering's Upgrade/Removal Fuel Tanks Police Department and Public Works Yard Account No. 196-409-500-598-1156, is necessary to fully fund the contract with RORE Environmental Science and Engineering, Inc. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby finds that special circumstances exist and awards the contract for removal of four underground storage tanks at the Public Works Yard, to conduct a subsurface site assessment, and to implement remediation per requirements of the County DEH to: • • Resolution No. 2005 — November 15, 2005 Page 2 RORE ENVIRONMENTAL SCIENCE AND ENGINEERING, INC. BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute a contract between RORE Environmental Science and Engineering, Inc. and the City of National City for removal of four underground storage tanks, to conduct a subsurface site assessment, and to implement remediation at the Public Works Yard located at 2100 Hoover Avenue per requirements of the County DEH. Said contract is on file in the office of the City Clerk. BE IT FURTHER RESOLVED, that the City Council of the City of National City hereby authorizes the following reallocation of funds: $91,360 FROM: Account No. 001-409-710 (Non -Departmental Provision for Contingency Fund Balance) $2,900 TO: Account No. 196-409-500-598-1156 (Upgrade/Removal Fuel Tanks Police Department and Public Works Yard) PURPOSE: To fully fund a contract with RORE Environmental Science and Engineering, Inc. for removal of four underground storage tanks, to conduct a subsurface site assessment, and to implement remediation at the Public Works Yard located at 2100 Hoover Avenue. PASSED and ADOPTED this 15th day of November, 2005. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Nick Inzunza, Mayor • 2100 HOOVER AVENUE, NATIONAL CITY, SITE SUMMARY RORE, Inc. October 20, 2005 Property Owner: City of National City, CA 92121 DEH Case#: H05081-001 The site is located on the northwest corner of 22nd Street and Hoover Avenue at 2100 Hoover Avenue, National City. The site is currently occupied by the City of National City Public Works Yard. Based on the file review, the site was reported to have six USTs that are owned by the City of National City with the following capacities, contents, and status (see Table below): UST Depth below grade to Bottom Status 1 10,000 gal -regular gasoline 13'4" Closed -in -Place, 2/16/89 2 3,000 gal diesel 11' 11" Closed -in -Place, 2/16/89 3 3,000 gal ethyl gasoline 11' 11" Closed -in -Place, 2/16/89 4 550 Gal motor oil 7'0" Closed -in -Place, 2/16/89 5 15,000 gal -regular gasoline 12' Excavated, 7/27/05 6 5,000 gal diesel 12' Excavated, 7/27/05 On December 30 1986, Woodward -Clyde (WCC) advanced a soil boring in the soil adjacent to the 3,000 gal ethyl gasoline UST. The soil sample (NAPW-BI-7-7.5') contained petroleum hydrocarbons with concentrations of benzene at 1.1 mg/kg, ethylbenzene 0.9 mg/kg, and xylenes 5.5 mg/kg. WCC estimated the gasoline concentration at 12 mg/kg by summing the concentrations of all gasoline constituents. The water sample also contained benzene at 3.8 mg/L, toluene at 0.2 mg/L, and xylene at 0.6 mg/L. On January 23 1987, the DEH issued an unauthorized release letter for the site. On May 4, 1987, three monitoring wells MW-1 through MW-3 (depth 20' bgs, screen 5- 15' bgs) were installed by WCC (See Table 1 and Table 2 for soil and groundwater data). The three monitoring wells were monitored and sampled 14 times starting on May 15, 1987 by various consultants. The latest event was completed on March 14, 2005. The groundwater monitoring results are summarized in Table 2. RORF, Inc. 1 On February 16, 1989, four USTs (see Table above) were abandoned, slurry -filled, and closed -in -place on -site under DEH directive. Additional soil borings were explored at the site. On October 20, 2000, soil borings (D- S/21/2 and D-N 2/1/2) were advanced near the dispenser island, on October, 27, 2003 soil borings (B-1 and B-2) near the proposed building, and on November 22, 2004 monitoring well MW-4 depth 15'bgs, screen 4.5'14.5'bgs) near the creek. Soil analysis results are presented in Table 1. On July 27, 2005, during the removal of two UST tanks and associated piping, diesel and motor oil -contaminated soil were reported in several locations along the piping trench and the tank pits. Results are included in Figure 2. Based on the historical data, groundwater, underneath the site near the closed -in -place UST locations, contains BTEX and MTBE. The extent of the contaminated soil and dissolved plume are not well defined on east, southeast, south, and southwest directions. Therefore, we recommended the following plan of action to get the site closed under DEH's oversight: 1. Excavation of the four closed -in -place slurry filled USTs and over -excavation of the contaminated soil during tank removal. These four USTs have remained the source of contamination for the site for the last 18 years. It is a cost-effective and time -saving solution to dispose the tanks off -site and permanently remove the source of contamination. The duration of these activities would be around two to three weeks. 2. Abandonment of the three existing monitoring wells MW-1 through 3. The three wells may not be saved due to the tank excavation activities. The extent of the contamination needs to be redefined after the tanks and contaminated soil have been removed. The duration of these activities would be around two to three days. 3. Installation of approximately three to five new monitoring wells to define the petroleum hydrocarbons plume. The duration of these activities would be around three to five days. 4. Perform groundwater sampling activities for two to four quarters to monitor the groundwater quality underneath site, 5. Perform the groundwater flow study and tidal influence study, if needed. The duration of these activities would be around five days. RORE, Inc. 2 TABLE I SUMMARY OF SOIL ANALYSIS RESULTS Sample NCP W-B 1-7-7'6" NEW-1 Date TPH-g TPH-d Benzene Toluene Ethyl Sampling benzene (mg/kg) (mg/kg) (mg/kg) (mg/kg) (mg/kg) 1/14/87 12.0 4.5 FEET 05/04/87 2.9 6.0 FEET 05/04/87 19.7 Xylencs MTBE TBA DIPE ETBE TAME (mg/kg) (mg/kg) (mgikg) (mg/kg) (mg/kg) (mg/kg) 0.9 5.5 <0.5 <0.5 <0.5 <0.5 <0.5 <0.5 6.5 FEET 05/04/87 78.0 28.5 7.5 FEET 05/04/87 744.0 286.0 5.0 FEET 05/04/87 4.6 <0.5 8.0 FEET 05/04/87 206.0 <0.5 B1-3(5-6') 10/27/03 <10 <10 B1-4(10-11') 10/27/03 <10 16 B1-5(15-160 10/27/03 <10 230 D-S/2 1/2 D-N./2 1/2 AIW-4 4.5 Feet 6.5 Feet 8.5 Feet 10.5 Feet 12.5 Feet 14 Feet 10/20/00 <10 <10 10/20/00 <10 59 11/22/04 11/22/04 11/22/04 11/22/04 11/22/04 11/22/04 <10 <10 <10 <10 <10 <10 <10 <10 NA NA NA NA <5 0.5 15.1 <0.5 <0.5 28.5 826.0 <0.5 <0.5 <5 <5 <15 <5 <25 PQL LO 10.0 0.0 0.0 PRG NA 0.0 0.0 0.0 0.0 SSL NA 0.7 520.0 230.0 210.0 17.0 NA 100.0 1000.0 NA NA NA NA NA NA Notes: ND Not detected NA_ Not available RORE, Inc. <5 <5 <5 0.0 NA NA 0.0 NA NA 0.0 NA NA TABLE 2 SUMMARY OF GROUNDWATER LEVELS AND CHEMICAL ANALYSIS RESULTS Depth to Ground - Date Case LPH water Change in TPH-g TPH-d Benzene Toluene Ethyl- Ground- Xyleaes MTBE TBA DIPS ETBE TAME Sampled Elevation Thickness Elevation benzene water Elevation (feet) (feet) (feet) (feet) (feet) (02/L) (ue/L) (ue/L1 (ue/L1 (ue/L) (u2/L) (u2fL) (u.wL1 (u2/L1 (u2/L) (u2/L) MW-1 (Screen Interval in feet: 5-20) 5/15/87 10 6.30 0.00 3.70 NA 8,900 NA 2,193 486.20 50 1,466.40 NA NA NA NA NA 1/11/89 10 6.8 3.20 NA 4,000 NA 2,700 <100 180 1,000 NA NA NA NA NA 9/18/89 10 7 3.00 NA 290 NA 61 2.60 NA 12.20 NA NA NA NA NA 1/10/90 10 5 5.00 75 10.00 4,4 20 4/9/90 10 6.67 3.33 <12 <12 <12 490 10/3/90 10 6.36 3.64 1,400 130 37 560 4/4/91 10 6.89 3.11 150 5 11 49 6/26/91 10 6.12 3.88 7,300 730 530 4,100 1/31/97 10 6.67 3.33 2,800 71 260 1,100 1/19/93 10 6.98 3.02 330 5.6 35 55 10/12/98 10 6.3 3.70 1,010 2,540 <125 207 <250 502.0 9/6/00 10 6.2 3.80 1,900 720 <40 110 <40 330.0 <100 <40 <40 <40 12/14/04 7.987 7.19 0.797 6,200 <500 3,800 16.00 560 69.00 340.0 <1 <1 <1 <5 3114/05 7987 529 2.697 2,600 <500 3,600 13.00 250 34.50 400.0 <1 <1 <1 <5 MW-2 (Screen interval in feet: 5-20) 5/15/87 10.01 6.21 0.00 3.80 NA 730 NA 125.9 179.5 10.6 77.9 NA NA NA NA NA 1/11/89 10.01 7.2 2.81 NA 3000 NA 550 330 77 430 NA NA NA NA NA 9/18/89 10.01 7 3.01 NA 4400 NA 550 850 NA 420 NA NA NA NA NA 1/10/90 10.01 7 3.01 1,100 1,100 92 500 04/90/90 10.01 6.87 3.14 4,000 4,600 480 2,700 10/3/90 10.01 6.41 3.60 640 570 69 380 4/4/91 10.01 6.96 3.05 590 410 59 290 6/26/91 10.01 6.26 3.75 4,500 4,000 620 3,600 1/31/92 10.01 6.83 3.18 5,300 3,700 480 2,500 1;19/93 10.01 NM NM NS NS NS NS 10/12/98 10.01 6.85 3.16 <100 15 <2.5 <2.5 G2.5 91.1 9/6/00 10.01 6.78 3.23 <500 48 <2 11.00 2..8 51.0 <10 G2 <2 <2 12/14;04 7.995 7.07 0.925 <500 <500 <0.5 0.60 1.10 <1.5 33.0 <1 <1 <I <5 3/14/05 7.995 6.17 1.825 <500 <500 56 <0.5 19.00 3 46.0 <I - <1 <1 <5 TABLE 2 SUMMARY OF GROUNDWATER LEVELS AND CHEMICAL ANALYSIS RESULTS Depth to Ground - Date Case LPH Change in Sampled Elevation (''round- Thickness water Elevation TPH-g TPH-d Benzene Toluene water Elevation Ethyl - benzene Xylenes MTBE TBA DIPS ETBE TAME MW-3 (Screen Interval in feet: 5-20) 5/15/87 10.23 4.33 0.00 1/11/89 10.23 5.8 9/18/89 10.23 6 1/10I90 10.23 6.5 4/9/90 10.23 5.34 10/3/90 10.23 5.64 4/4/91 10.23 5.65 6/26/91 10.23 5.19 1/31'92 10.23 6 1/19/93 10.23 5.52 10/12/98 10.23 5.66 9/6/00 10.23 5.04 12/14/04 8.272 5.58 3/14/05 8.272 3.98 64W-4 (Screen Interval in feet: 4.5-14.5) 12/14/04 7.016 5.03 3/14/05 7.016 4.6 5.90 NA <100 NA <5 1.60 <5 <5 <1 NA NA NA NA 4.43 NA NA NA <2.5 <2.5 <2.5 5.00 <1 NA NA NA NA 4.23 NA <500 NA <0.50 3.9 NA <0.5 <1 NA NA NA NA 3.73 <0.5 <0.5 <0.5 <1 <1 4.89 <0.5 <0.5 <0.5 <I <1 4.59 <0.5 <0.5 <0.5 <1 <1 4.58 <0.5 <0.5 <0.5 <1 <1 5.04 <0.5 <0,5 <0.5 <1 <1 4,23 <0.5 <0.5 <0.5 <0.5 <1 4.71 ND ND ND ND <1 4.57 <100 <0.5 <0.5 <0.5 <1.0 <I 5.19 <500 <2 <2 <2 <2 <6 <10 <2 <2 <2 2.69 <500 <500 0.80 0.70 <0.5 <1.5 <1 <1 <1 <1 <5 4.29 <500 <500 <0.5 <00.5 <0.5 <1.5 <1 <1 <1 <1 <5 1.99 <500 <500 <0.5 0.80 <0.5 <1.5 <1 <1 <1 <1 <5 2.42 <500 <500 <0.5 <0.5 <0.5 <1.5 <1 <1 <1 <1 <5 PQL NA NA NA CA MCI. NA NA NA L..A AL/Taste & Odor Threshold NA NA NA NA NA 1,000 1,000 5 5 5 5 5.0 . 20 5 5 5 NA NA NA NA 1 150 300 1,750 13.0 NA NA NA NA NA NA 5 100 0 42 29 17 13.0 NA NA NA NA Notes: ND Not detected NA: Not analyzed AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND RORE Environmental Science & Engineering THIS AGREEMENT is entered into this 15 day of November, 2005, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Rore Environmental Science & Enaineerinq, a private company (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to remove four underground storage tanks, and to conduct a subsurface site assessment per requirements of the County of San Diego Department of Environmental Health at 2100 Hoover Avenue, City of National City (DEN File No. H05081-001). WHEREAS, the CITY has determined that the CONTRACTOR is a Environmental Science & Engineering Company 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 April 2005 // • corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 1Q% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Steve Kirkpatrick 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 CONTRA- CTOR. Gita Murthv 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 Proiect Coordinator. 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. 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 2 Revised April 2005 CONTRACTOR's written work product for the CITY's purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. 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. 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 3 13 Revised April 2005 • • 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 govemmental 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, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR agrees to post in conspicuous 4 y Revised April 2005 • • 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 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, 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, 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 California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of- any work to be performed by the CONTRACTOR under this Agreement. 5 Revised April 2005 • • 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 ail bodily injury and property damage arising out of its operation under this Agreement. D. Workers' compensation insurance covering all of CONTRACTOR'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. 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 attorneys' fees. 6 Revised April 2005 • 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 o r 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 attorneys 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, Califomia, 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 bome 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 April 2005 • 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, retum receipt requested; or sent by ordinary midi, 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 ovemight mail, the business day following its deposit in such ovemight 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 Califomia) 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: Steve Kirkpatrick, City Engineer City of National City 1243 National City Boulevard National City, CA 91950-4301 To the CONTRACTOR: Gita Murthv, Ph.D Rore Environmental Science & Engineering 1640 Collingwood Drive San Diego, CA 92109-2239 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 Revised April 2005 has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. If checked, the CONTRACTOR shall comply with all of the • reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which. the CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR shall be strictly liable to the CITY for alldamages, 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. • 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. Revised April 2005 K. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are 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 Rore Environmental Science & Engineering (Corporation — signatures of two corporate officers) (Partnership — one signature) (Sole proprietorship — one signature) By: By: Nick inzunza, .Mayor (Name) APPROVED AS TO FORM: By: (Title) George H. Eiser, III (Name) City Attorney G. f 0/ (Title) 5 G ENVIRONMENTAL 8CIFNC6 & ENOINEERING 1640 Collingwood Drive • San Diego. California 92109-2239.858.483.8625 • Fax 858.483.4583 • www.roreinc.wm October 27, 2005 Mr. Stephen Kirkpatrick City Engineer City of National City, Engineering Department 1243 National City Blvd. National City, CA 91950-4301 RE: Proposal to Remove Four Underground Storage Tanks, and to Conduct a Subsurface Site Assessment Per Requirements of the County of San Diego Department of Environmental Health at 2100 Hoover Avenue, City of National City (DEH Case No. H05081-001) Dear Mr. Kirkpatrick: Per your request, RORE is pleased to submit the scope of work and cost proposal to remove the abandoned underground storage tanks (USTs) and to perform site assessment at the above -referenced site. The following proposal is based upon our discussions with Mr. Jim Schuck at the Department of Environmental Health (DEH) on October 20, 2005, and his letter to the City of National City Public Works Department dated July 14, 2005. The immediate goal for the City of National City is to provide to DEH a response to each of the bullets listed in its July 14, 2005 letter. The six bullet requests are as follows: 1. Electronically submit environmental information into the State's Geotracker system in accordance with the electronic reporting requirements (Chapter 30, Division 3, of Title 23 & Division 3 of Title 27, CCR). RORE has verified that this task has already been completed. 2. Please review the property APNs identified on Page 3 of the Report to verify the accuracy of the numbers. This task was completed by the Department of Engineering, City of National City. Page 1 of 10 gl • 3. As recommended in the Report, implement a groundwater elevation study to accurately determine the flow of groundwater in the vicinity of the release. Because the existing monitoring wells are to be decommissioned during the time of UST removal, this task is not relevant. However, at the time when additional monitoring wells are installed, then this task will be completed. DEH recognizes and concurs with RORE. 4. Provide a characterization of the ground and surface water resources in the vicinity of the property to determine current or anticipated beneficial uses thereof. RORE will complete this task, and include the characterization in the work plan that it submits to DEH. 5. Provide the status to the planned removal of the existing six (6) USTs and associated piping in the vicinity of the release. Upon completion of the work executed under this proposal, this task will be detailed in the report that RORE submits to DEH. 6. Submit a revised site assessment report which provides the applicable information above and which incorporates all historical environmental information obtained at the property since December 1986. Per DEH, RORE was instructed to submit a site assessment report, which includes all relevant environmental information pertaining to the project site. RORE has already completed a historical database review; it was necessary for RORE to complete this review prior to meeting with DEH on October 20, 2005. BACKGROUND The site is located at 2100 Hoover Avenue, City of National City. It is currently occupied by the City of National City's Public Works Yard. Based upon review of previous reports, the site is reported to have four concrete slurry - filled USTs that were closed -in -place in 1989. The four tanks were used to store gasoline, diesel fuel, motor oil, waste oil, and lubricating oil (Woodward -Clyde, August 1987). The site also contained two USTs that were removed on July 27, 2005. Specifications for each UST and a case history of the site are as follows: Rx RE 2of10 Tank UST Depth from Surface to Bottom of Tank Status 1 10,000-gal-regular gasoline 13'4" Closed -in -Place, 2/16/89 Closed -in -Place, 2/16/89 Closed -in -Place, 2/16/89 Closed -in -Place, 2/16/89 Removed, 7/27/05 2 3,000-gal diesel 11'11" 3 3,000-gal ethyl gasoline 11'11" 4 550-gal motor oil 7'0" 5 15,000-gal-regular gasoline 12' 6 5,000-gal diesel 12' Removed, 7/27/05 On December 30, 1986, Woodward -Clyde (WCC) advanced a soil boring adjacent to the 3,000-gal ethyl gasoline UST. The soil sample (NAPW-B1-7-7.5') contained petroleum hydrocarbon compounds with concentrations of benzene at 1.1 mg/kg, ethylbenzene 0.9 mg/kg, and xylenes 5.5 mg/kg (WCC, August 1987). WCC estimated the gasoline concentration at 12 mg/kg by summing the concentrations of all gasoline constituents. The water sample also contained benzene at 3.8 mg/L, toluene at 0.2 mg/L, and xylene at 0.6 mg/L. On January 23, 1987, the DEH issued an unauthorized release letter for the site, and a case number was established. On May 4, 1987, three monitoring wells MW-1 through MW-3 (depth 20' bgs, screen 5- 15' bgs) were installed by WCC. The three monitoring wells were monitored and sampled 14 times starting on May 15, 1987 by various consultants. The latest event was completed on March 14, 2005. The groundwater monitoring results indicated that dissolved petroleum hydrocarbon is currently present in the groundwater (Various Reports). On February 16, 1989, four USTs (see Table above) were abandoned, slurry -filled, and closed -in -place on -site under DEH directive. On October 20, 2000, additional soil borings were explored at the site. Soil borings (D- S/21/2 and D-N 2/1/2) were advanced near the fuel dispensing island. On October 27, 2003, soil borings (B-1 and B-2) were advanced near the "proposed building," and on November 22, 2004, a fourth monitoring well (MW-4 depth 15'bgs, screen 4.5'14.5'bgs) was advanced near the creek. On ,July 27, 2005, during the removal of two UST tanks and associated piping, diesel and motor oil -contaminated soil were reported in several locations along the piping trench and the tank pits. On October 20, 2005, following review of the historical background information and data related to the project site, RORE participated in a meeting with DEII's project manager assigned to this case. At the meeting, DEH and RORE clearly identified the objectives of additional investigation with the goal of obtaining site closure status. 3 of 10 • • OBJECTIVES RORE's objectives are to: 1. Submit work plan; UST and existing monitoring wells removal permits, and obtain approval from DEH 2. Decommission three existing monitoring wells 3. Remove four slurry -filled USTs and associated piping 4. Excavate visibly -contaminated soil as necessary 5. Pump and temporarily store groundwater on -site 6. Take confirmatory samples at different depths and locations depending on the soil appearance on the day of the UST pull. 7. Stockpile and dispose soil to the appropriate landfill. 8. Complete a site assessment for areas around the four removed USTs, and around the USTs that were removed on July 27, 2005. 9. Prepare and submit a site assessment report to DEH. 10. Meet with DEH to discuss data, extent of residual contamination, if any, and plan for additional monitoring well installation. PROPOSED SCOPE OF SERVICES To meet the objectives listed above, RORE will perform the following tasks for the Public Works Yard project site: Task 1—File Review As requested by DEH, RORE reviewed the DEH files and other files related to the project site for release and contamination, other site assessment activities, and environmental issues related to the site. In the files, there was mention of a 'PCB boring,' which demonstrated PCB contamination (Geological Exploration Inc., December 1990), and a 2003 Geocon report documenting contamination (Geocon, October 2003). Because there were no further references or details about these findings, DEH instructed RORE to do more research or to contact these previous firms to clarify these mentioned contaminants. The lump sum estimate to execute Task 1, including labor, materials, travel, file -copying, and data interpretation to create summary is $1,645. Task 2—Community Health & Safety Plan, Site -Specific Health & Safety Plan, and Work Plan to Remove Four USTs and to Decommission Three Monitoring Wells RORE will prepare a Community Health & Safety Plan, Site -Specific Health & Safety Plan, and a Work Plan to remove the USTs and to decommission the monitoring wells that are in place. These plans will be prepared according to DEH Site Assessment and Mitigation (SAM) guidelines (2005) and submitted to the DEH for approval. 4 of 10 A health and safety plan for field personnel at the site will be prepared. The plan will include potential physical and chemical hazards that may be encountered by personnel during drilling, excavating, and sampling activities. The plan will also include appropriate protective equipment, air monitoring devices, and emergency response procedures for the anticipated site -specific hazards. A community health and safety plan that reflects the City's planned site clean-up activities will also be prepared and be housed at the public library in the City of National City under the community right -to -know act. The work plan will summarize the specific tasks designed to achieve the objectives and will describe field activities, methodologies for sample collection, various laboratory analyses required to test groundwater and soil samples. This work plan will also include a site plan illustrating current UST and monitoring well locations. This work plan will be submitted for approval, to Jim Schuck at DEH, prior to commencement of any field activity. The lump sum cost for preparing the Plans, including labor, materials, and expendables is $3,300. Task 3—Preparation for the UST Removal, Four UST Removal, Contaminated Soil and Groundwater Removal Construction activities at the project site will occur in two phases: Phase one will include tank removal. Phase two will include soil excavation and trenching and disposal of contaminated soil and water. Phase two will be conducted at the location where four USTs were removed and at the location where two USTs were previously removed on July 27, 2005. To accomplish this task, the following tasks will be performed: • Utility Search and Mark out; • Preparation and submission of all required permit applications pertaining to tank removal from the DEH and the City of National City Fire Department (NCFD); • Notify and coordinate with DEH and NCFD; • Provide safety barricades and chain link fence around excavation; • Sawcut, demo, and removal of asphalt surface over USTs and piping; • Excavate over USTs and piping to prepare for removal; • Remove and dispose USTs and the associated piping; • Trench around the location where UST was removed on 7/27/05; • Trench around the piping area that was removed on 7/27/05; • Backfill and compact the excavated areas with either clean excavated soil and/or with clean imported fill material to make up the void; • Soil compaction testing; • Clean the work site upon UST removal; and • Subcontractor management 5 of 10 RORE will obtain the necessary permits to remove all four USTs and associated piping. Approval of the permits by the DEH is expected to require approximately 10-15 business days. ROBE will notify Underground Service Alert to identify potential subsurface utility hazards. UST removal services by the UST removal Contractor will include labor, equipment, and consumables to expose, properly decontaminate, remove all USTs (four slurry -filled), dispose USTs at a State -certified facility, backfill the excavation site, compact soil to 90% grade, and resurface with asphalt. Also, per DEH, a trench around the UST, which was removed on July 27, 2005, and its associated piping area, will be necessary for soil sampling. Trenching around the removed UST will be approximately 2' x 100' x 10'deep and around the removed piping area will be approximately 4' x 130' long x 5' deep. Contaminated groundwater that is encountered during the UST removal activities will be pumped, stored, and disposed of according to SAM guidelines. RORE will collect representative backfill material and conduct a Standard Proctor Test and verify field compaction. The total estimated cost for Task 3 is $109,035. A cost breakdown is included in the Cost Estimate Summary Section. Task 4—Monitoring Well Abandonment Monitoring wells (MW 1, MW2, MW3) need to be abandoned because of their proximity to the UST removal activities and their unusable condition based upon previous reports and discussion with DEH. Please note that per DEH's letter dated July 14, 2005, RORE will not measure water levels during fluctuating tidal conditions because three of the monitoring wells will be decommissioned. This task will be performed at a later date when additional monitoring wells will be installed. There is no cost associated with the water level measurement in this proposal. The estimated cost for permitting, abandoning the monitoring wells, soil sampling, and waste disposal is $5,833. Task 5—Soil Sampling, Testing, and Analyses During over -excavation, soil samples will be analyzed using an on -site mobile laboratory and a stationary laboratory. A mobile lab will be used depending on the sample analysis time requirement and the condition of the visible contamination. Rti RE 6 of 10 Both mobile and stationary labs are state -certified analytical laboratories. Per DEH, soil samples will be analyzed for full range, extended total petroleum hydrocarbons such as gasoline and diesel (TPH-g, TPH-d) and motor oil, EPA Method 8260B for BTEX and other fuel oxygenates. Currently, 50 samples are estimated to be collected and analyzed. The estimated cost for soil and groundwater analyses, including mobile and stationary laboratories is $12,547. Task 6—UST Closure and Post -UST Removal Assessment Report To satisfy DEH requirements in its letter dated July 14, 2005, RORE will prepare a detailed report that documents the activities, soil sampling data, UST removal and disposal, conclusions and recommendations for additional work elements, if necessary. The report will include site identification, background data, site plan, sampling procedures, laboratory analytic reports, field work summary, waste manifests, conclusions and recommendations, and figures detailing UST site and soil sample locations. The estimated lump sum cost to prepare and submit two copies of the report, including labor, materials, and expendables, is $5,990. Task 7—Project Management, including Meetings with Client and DEH Project Management includes meetings with the client and DEH project manager, regular communications with client and contractor, scheduling and coordination with contractor and client, project quality and cost control monitoring, and cost review and invoice generation. The lump sum cost for project management, including labor, materials, travel, and expendables, is $13,500. PROJECT ASSUMPTIONS 1. All four USTs at the Public Works Yard will be removed. 2. USTs are only filled with clean slurry. 3. Monitoring wells (MW1, MW2, MW3) will be abandoned. 4. Contaminated groundwater will be encountered. 5. Contaminated soil will be non -hazardous, and therefore, will be disposed of at the San Diego landfill. 6. Following tank removal, the area will be resurfaced with asphalt. 7. Amount of excavated soil will be about 140 tons (200 cubic yards) or less. 8. Work will be performed during normal business days and hours; additional charges may apply for work on weekends and holidays. 9. One copy of the final report will be submitted to the Client and one copy to DEH. 10. This cost proposal includes no more than two meetings with DEH; each meeting is scheduled to last two hours. 7 of 10 PROJECT SCHEDULE Following DEN permit and work plan approval, the estimated time to complete the above tasks is as follows: Task Number Activity Estimated Time to Complete Each Task 1 File Review 3 days; task completed 2 Community Health & Safety Plan, Site Specific Health & Safety Plans, Work Plan, Specifications 2 weeks 3,4,5 Monitoring Well Abandonment, UST Removal, Backfill and compaction, Soil Analyses 2 weeks 6 Report Preparation, Submission 3 weeks 8 of 10 gff COST ESTIMATE SUMMARY I. REQUIRED ITEMS Task Number Activity RORE Estimated Cost ($) 1 File Review 1,645 2 Community and Site -Specific Health & Safety Plans, Work Plan 3,300 3 UST Removal (4 USTs, piping) 41,000 Contaminated Soil Excavation 21,725 Fill material ($29/ton x 140 tons) 4,060 Export, Load non -hazardous contaminated soil to San Diego landfill ($65/ton x 140 tons) 9,100 Trenching around UST removed on 7/27/2005 6,710 Trenching around the piping removed on 7/27/05 7,590 Environmental Technician and truck (12 days) 8,770 Soil compaction testing and verification 3,000 Site Superintendent days) 2,080 Groundwater purging_and disposal 5,000 Sub Total 109,035 4 Monitoring Well Abandonment 4,050 Permitting 383 600 3 soil samples Waste Disposal L drums) for monitoring wells 800 Sub Total 5,833 5 Mobile & Stationary Laboratory; sample analyses 12,547 6 UST Closure, Post -Assessment Reports 5,990 7 Project Management 13,500 TOTAL 151,850 is estimate �s based upon the following assumptions: • At most, 200 cubic yards (140 tons) of contaminated soil will be excavated. • No more than 850 square feet will be resurfaced. • Construction -related tasks will last at least two full weeks. • Mobile laboratory will be required for three days only • RORE staff will be on -site for a total of 12 days. Please note that 80% of the above total is construction and laboratory -related cost. R RE 9 of 10 IL OPTIONAL ITEMS THAT MAY BE NECESSARY IF SITE CONDITIONS WARRANT Task Number Activity ROBE Estimated Cost ($) Export, Load contaminated soil to Copper Mountain, AZ ($35/ton x 140 tons) 4,900 Demo and removal of concrete slabs beneath USTs 4,620 Remove and replace storm drain over USTs 4,950 Remove and replace sewer line over USTs 6820 Remove and replace water line over USTs 1,320 TOTAL 22,610 RORE is committed to meeting City of National City's needs. Consequently, if your needs change as this project progresses, RORE will be happy to accommodate your changes and modify the proposal accordingly. As in the past, RORE will work diligently with your team, and with the regulators to accomplish your goal of removing the USTs and receiving case closure status from the County of San Diego DEH as soon as possible. If you have any questions regarding this proposal, please contact me at 858-483-8625, ext. 12. We look forward to hear from you, and we look forward to get this project site closed! Thanks so much! Sincerely, ce Gita Murthy, Ph.D. Project Director 10 of 10 ENVIRONMENTAL SCIENCE & ENGINEERING 1640 Collingwood Drive • San Diego, California 92109.2239 • 858.483.8625 • Fax 858.483,4583 • www.roreinc.com RORE, Inc. is a woman -owned emerging small business specializing in environmental science and engineering. Based in San Diego, CA, RORE is dedicated to providing outstanding customer service and quality in areas related to environmental engineering, assessment, restoration, hazardous and solid waste management, asbestos and lead -based paint assessments, innovative remediation technologies, health and safety, ergonomics, program management, construction management, and public outreach. RORE helps government and private sector clients achieve their goals and comply with environmental regulations by investigating, managing, mitigating, and resolving their environmental concerns. RORE personnel include qualified and experienced engineers, geologists, chemists, biologists, toxicologists, and risk assessors. These personnel are highly qualified to perform site assessments, feasibility studies, regulatory compliance, soil and groundwater remediation, hazardous waste management, health and safety training, and ergonomics training and workstation evaluations. RORE provides comprehensive environmental consulting to private and public sector clients. Services include site assessments, investigations, feasibility studies, and pilot tests, design of remediation systems, construction, operation and maintenance through case closure, and options for innovative and cost-effective remedial solutions. Other related services include: • Geotechnical and foundation engineering services • Civil and structural design and construction management • Underground storage tank (UST) testing and removal • Compliance of UST installation, operation and maintenance • Ground water resource studies • Asbestos and Lead -based paint Assessment • RCRA-permitting and Compliance -related work • Brownfields-related studies RORE has provided services all across the State of California ranging from Crescent City to National City. Our service areas can extend out to Nevada and Arizona as well! 3� ENVIRONMENTAL SCIENCE Ei ENGINEERING 1640 Collingwood Drive • San Diego. California 92109-2239 • 858.483.8625 • Fax 858.483.4583 • www.roreinc.com March 9, 2006 Mr. Stephen Kirkpatrick City Engineer City of National City, Engineering Department 1243 National City Blvd. National City, CA 91950-4301 RE: Modification to the Proposal Dated October 27, 2005 to Remove Four Underground Storage Tanks, and to Conduct a Subsurface Site Assessment Per Requirements of the County of San Diego Department of Environmental Health at 2100 Hoover Avenue, City of National City (DEH Case No. H05081- 001) Dear Mr. Kirkpatrick: Per our discussion on Monday February 27, 2006, RORE hereby submits the revised cost proposal to cover additional costs for the removal of four slurry -filled underground storage tanks (USTs) at the above -referenced site. The following proposal is presented in three Parts. Part I is a modification to the estimated costs that were proposed in the letter dated October 27, 2005. Part II includes additional work for installing new monitoring wells to monitor groundwater quality of the area that contained the four USTs. Please note that DUI has instructed RORE to proceed on the monitoring well installation phase at the project site. Please also note that much of the costs incurred by the City of National City for the removal of the 4 USTs most likely will be reimbursed through the State of California Underground Storage Tank Cleanup Fund Program since this work is approved by DEH. To obtain a reimbursement, a detailed application form and claims application per project site need to be completed. A cost for assisting National City with the reimbursement is detailed in Part III. RORE, Inc. 1 Part I: Removal of 4 Underground Storage Tanks (USTs) The site is located at 2100 Hoover Avenue, City of National City.. It is currently occupied by the City of National City's Public Works Yard. The USTs that used to store gasoline, diesel fuel, motor oil, waste oil, and lubricating oil were removed on Monday February 27, 2006. The UST dimensions were as follows: Tank UST Depth from Surface to Bottom of Tank Status 1 10,000-gal-regular gasoline 13'4" Removed, 2/27/06 2 3,000-gal diesel 11' 11" Removed, 2/27/06 3 3,000-gal ethyl gasoline 11' 1 l" Removed, 2/27/06 4 550-gal motor oil 7'0" Removed, 2/27/06 The reason for the cost over -run for the removal of the 4 USTs is because the actual volume of contaminated soil (-540 tons) exceeded the estimated volume (-140 tons). Because the volume of contaminated soil was greater than once estimated, the amount of fill material is greater and the subsequent cost to haul, transport, and dispose of at an appropriate landfill is also greater. PROPOSED SCOPE OF SERVICES The following sub -sections lists the original cost estimate for each task as outlined in the proposal dated October 27, 2005, the modified increase, if any, and comments related to each task. Task 1—File Review Task No. Activity Original Estimate ($) Cost Modification Comments I File Review 1,645 0 100% complete Task 2—Community Health & Safety Plan, Site -Specific Health & Safety Plan, and Work Plan to Remove Four USTs and to Decommission Three Monitoring Wells Task No. Activity Original Estimate ($) Cost Modification Comments 2 Community and Site -Specific Health & Safety Plans, Work 3,300 0 100% complete RORE, Inc. 2 Task 3—Preparation for the UST Removal, Four UST Removal, Contaminated Soil and Groundwater Removal Task No. Activity Original Estimate ($) Cost Modification (Credit) Comments 3 UST Removal (4 USTs, piping) 41,000 3,000 Additional asphalt to resurface (1,250 sq ft required vs. 850 sq ft) Contaminated Soil Excavation 21,725 4,543 Over -excavation, additional day for equipment, materials Fill material ($29/ton x 140 tons) 4,060 11,600 Additional void (400 tons) to fill Export, Load non -hazardous contaminated soil to San Diego landfill ($65/ton x 140 tons) 9,100 26,000 Additional 400 tons of non-haz soil, stockpile awaiting sample results and data analysis Trenching around UST removed on 7/27/2005 6,710 (6,710) Not required by DEH at this time Trenching around the piping removed on 7/27/05 7,590 (7,590) Not required by DEH at this time Environmental Technician and truck (12 days) 8,770 0 Soil compaction testing and verification 3,000 0 Site Superintendent (3 days) 2,080 0 Groundwater purging and disposal 5,000 0 Sub Total 109,035 30,843 65% Billed Task 4-Monitoring Well Abandonment Task No. Activity Original Estimate ($) Cost Modification Comments 4 Monitoring Well Abandonment 5,833 0 100% complete Task 5-Soil Sampling, Testing, and Analyses Task No. Activity Original Estimate ($) Cost Modification Comments 5 Laboratory sample analyses 12,547 5,833 Soil excavation; additional samples to analyze; 70% billed RORE, Inc. 3 Task 6—UST Closure and Post -UST Removal Assessment Report Task No. Activity Original Estimate ($) Cost Modification Comments 6 UST Closure, Post- Assessment Report 5,990 2,000 Additional report requirements imposed by DEH Task 7—Project Management, including Meetings with Client and DEH Task No. Activity Original Estimate ($) Cost Modification Comments 7 Project Management 13,500 3,860 70% billed In addition to these required Tasks, the original proposal included option items that were approved by the City of National City. The modifications to these items are as follows: Task No. Activity Original Estimate ($) Cost Modification (Credit) Comments 1 Export, Load contaminated soil to Copper Mountain, AZ ($35/ton x 140 tons) 4,900 15,000 If contaminated, cost to nt 400 tons of contaminated soil, Awaiting sample results 2 Demo and removal of concrete 4,620 (4,620) Was not necessary 3 Remove and replace storm drain over USTs 4,950 (4,450) Patched storm drain; concrete required for patching ( cost is $500) 4 Remove and replace sewer 6,820 (6,820) Was not necessary 5 Remove and replace water line over USTs 1,320 (1,320) Was not necessary Sub Total 22,610 (2,210) In summary, for Part 1, the additional cost required for work that is mostly complete is $40,326, which is above the $174,460 already approved by the City. RORE, Inc. 4 Part II: Monitoring Well Installation Item Cost Estimate ($) Comments Installation, Workplan, Report, including permits, field work, equipment, lab, report Required to proceed by DEH at this time Drilling, installation 6,000 IDW 1,500 Work plan 2,500 Well Permit 787 Field work (2 persons; 5 days/week) 6,000 One monitoring event; additional costs may apply if DEH requests additional monitoring events Equipment 500 Lab 4,152 Report 4,500 Project Management 2,500 Total 28,439 Part III: Preparation of CA State UST Cleanup Fund Reimbursement To determine whether a case number exists for City of National City, and to prepare the lengthy application form and claims application for each project site will require detailed information from the City of National City. RORE will assume that it will have access to personnel at National City who can assist with the application efforts. The lump sum cost to process the reimbursement is $5,000. It may take RORE up to eight weeks to complete the application. The City of National City will probably he reimbursed within six to 12 months of receipt of the application. For Parts I and II, the additional cost required is $68,765. Part III cost estimate is $5,000. The removal of the USTs at the Public Works Yard project site was successfully accomplished before the rain storm. DEH was at the project site to witness the removal and to direct soil over -excavation and sampling. RORE will continue to work closely with the City of National City and with the County of San Diego DEH to obtain case closure as soon as possible. Thank you again for giving us the opportunity to be of service to you. If you have any questions regarding this proposal, please contact me at 858-483-8625, ext. 12. Sincerely. Gita Murthy, Ph.D. Project Director RORE, Inc. APPENDIX A MODIFIED COST ESTIMATE SUMMARY Task No. Activity Original Estimate ($) Cost Modification (Credit) Comments 1 File Review 1,645 0 100% complete 2 Community and Site -Specific Health & 3,300 0 100% complete 3 UST Removal (4 USTs, 41,000 3,000 Additional asphalt to resurface Contaminated Soil Excavation 21,725 4,543 Over -excavation, additional day for equipment, materials Fill material ($29/ton x 140 4,060 11,600 Additional void (400 tons) to fill Export, Load non- hazardous contaminated soil to San Diego landfill ($65/ton x 140 tons) 9,100 26,000 400 tons non-haz soil, awaiting sample results Trenching around UST removed on 7/27/2005 6,710 (6,710) Not required by DEH at this time Trenching around the piping removed on 7/27/05 7,590 (7,590) Not required by DEH at this time Environmental Technician 8,770 Soil compaction testing and 3,000• S Site Superintendent (3 days) 2,080 Groundwater purging and 5,000 Sub Total 113,980 30,843 65% billed 4 Monitoring Well 4,050 Permitting 383 Soil samples 600 Waste Disposal (4 drums) 800 Sub Total 5,833 0 100% complete 5 Mobile & Stationary Laboratory; sample analyses 12,547 5,833 Additional soil excavation; additional samples required; 70% billed 6 UST Closure, Post- Assessment Reports 5,990 2,000 Additional report requirements required by DEH 7 Project Management 13,500 3,860 70% billed S Sub Total 32,037 11,693 RORE, Inc. 6 Optional Items: Task No. Activity Original Estimate ($) Cost Modification (Credit) Comments 1 Export, Load contaminated soil to Copper Mountain, AZ 4,900 15,000 If contaminated, cost to haul 400 tons of contaminated soil, Awaiting sample results 2 Demo and removal of concrete 4,620 (4,620) Was not necessary 3 Remove and replace storm drain over USTs 4,950 (4,450) Patched storm drain; concrete required for patching ( cost is $500) 4 Remove and replace sewer line over USTs 6,820 (6,820) Was not necessary 5 Remove and replace water line 1,320 (1,320) Was not necessary Sub Total 22,610 (2,210) Phase II: New Monitoring Well Installation Item Cost Estimate ($) Comments Installation, Workplan, Report, including permits, field work, equipment, tab, report Required to proceed on this Phase by DEH at this time Drilling, installation 6,000 IDW 1,500 Workplan 2,500 Well Permit 787 Field work (2 persons; 5 days/week) 6,000 Only one monitoring event Equipment 500 Lab 4,152 Report 4,500 Project Management 2,500 TOTAL 2 28,439 Phase III: Preparation of Reimbursement Request from State UST Cleanup Fund Lump sum cost of $5,000. RORE, Inc. 7 381 expstat.rpt 03/23/2006 11:15AM Expenditure Status Report Page: 2 CITY OF NATIONAL CITY 7/1/05 through 6/30/2006 001 GENERAL FUND 409 NON -DEPARTMENTAL Account Number 000-500 Capital Outlay 000-501-0000 MECHANICAL OFFICE EQUIPMENT 000-516-0000 STREET LIGHTS AND SIGNALS Total Capital Outlay 000-600 Refunds, Contributions & Special Paymnts 000-620-0000 RETURN OF FEES 000-650-9001 CHAMBER OF COMMERCE 000-650-9002 MAYTIME BAND REVIEW 000-650-9003 MISS NATIONAL. CITY 000-650-9004 INDEPENDENCE DAY FIREWORKS 000-650-9005 SANDAG 000-650-9006 HOLIDAY BOWL FLOAT 000-650-9008 SISTER CITIES 000-650-9009 FILIPINO PARADE 000-650-9010 SO. BAY YOUTH SERVICE BUREAU 000-650-9012 INTERNATIONAL PARADE EVENT 000-650-9013 PEPPER PARK PORT CONCERT 000-650-9014 EMPLOYEE HOME OWNERSHIP PROGRAM 000-650-9015 NATIONAL CITY COMMUNITY CONCERT BAND 000-650-9043 ARMED FORCES SALUTE 000-650-9045 GRAFFITI CONTROL 000-650-9099 OTHER CONTRIBUTIONS 000-660-7056 NPDES STORMWATER PERMIT Total Refunds, Contributions & Special Paymnts 000-700 Internal Service Charges and Reserves 000-710-0000 PROVISION FOR CONTINGENCY 000-765-0000 OFFICE EQUIP. DEPRECIATION CHARGE Total Internal Service Charges and Reserves 000-900 Fund Deductions (Non -Expenditures) Adjusted Year-to-date Year-to-date prct Appropriation Expenditures Expenditures Encumbrances Balance Used 0.00 0.00 0.00 0.00 0.00 27,200.00 0.00 0.00 27,200.00 0.00 27,200.00 0.00 0.00 27,200.00 0.00 5,340.00 45,000.00 0.00 1,450.00 6,250.00 18,000.00 3,000.00 630.00 5,000.00 0.00 13, 000.00 22,500.00 100,000.00 25,880.00 0.00 0.00 0.00 0.00 246,050.00 378,614.00 0.00 378,614.00 0.00 33, 749.98 0.00 0.00 6,250.00 11,441.00 3,000.00 0.00 0.00 0.00 0.00 20,771.00 0.00 0.00 0.00 0.00 0.00 0.00 75,211.98 23,110.00 0.00 23,110.00 0.00 33,749.98 0.00 0.00 6,250.00 11,441.00 3,000.00 0.00 0.00 0.00 0.00 20,771.00 0.00 0.00 0.00 0.00 0.00 0.00 75,211.98 23,110.00 0.00 23,110.00 0.00 5,340.00 0.00 11,250.02 0.00 0.00 0.00 1,450.00 0.00 0.00 0.00 6,559.00 0.00 0.00 0.00 630.00 0.00 5,000.00 0.00 0.00 0.00 13,000.00 0.00 1,729.00 0.00 100,000.00 0.00 25,880.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 170,838.02 0.00 100.00 100.00 0.00 75.00 0.00 0.00 100.00 63.56 100.00 0.00 0.00 0.00 0.00 92.32 0.00 0.00 0.00 0.00 0.00 0.00 30.57 0.00 6.10 0.00 0.00 0.00 0.00 355,504.00 6.10 Page: City of National City, California COUNCIL AGENDA STATEMENT :EETING DATE APRIL 4, 2006 `ITEM TITLE AGENDA ITEM NO. WARRANT REGISTER #36 PREPARED BY DEPARTMENT Finance EXPLANATION City.Manager Lin Wurbs 619-336-4240 Ratification of Warrant Register #36 per Government Section Code 37208. CEnvironmental Review N/A (-Financial Statement Not applicable. >STAFF RECOMMENDATION Approved By: Finan y! rector Account No. I recommend ratification of these warrants for a total of $ 1,418,403.30 BOAR//D��/ COMMISSION RECOMMENDATION a - AriwcHitivaimt Rwogeoxelow 2. Workers Comp Warrant Registers dated 3/8/06 3. Payroll Register dated 3/8/06 Resolution No. A-200 (9.99) City of National City WARRANT REGISTER R36 3/14/2006 Pavel Description chk no chk date amount LAFRENIERE REPLACE W/C CHECK RETURNED BY BOFA 207123 3/14/2006 202.00 LIBRARY ASSOCIATES BOOKS 207124 3/14/2006 145.46 MIDWEST TAPE PHOTOGRAPHIC SUPPLIES 207125 3/14/2006 170.95 NOLO PRESS -OCCIDENTAL BOOKS 207126 3/14/2006 27.79 XEROX CORPORATION CONTRACT SERVICES 207127 3/14/2006 742.30 ABEYSEKERA AMERICORPS CNCS Y3 (TRAVEL) 207128 3/14/2006 322.08 AGUILAR LIT. INIT. XIV (TRAVEL) 207129 3/14/2006 61.06 AYRES SUITES ONTARIO LIT. INIT. XIV (TRAVEL) 207130 3/14/2006 664.38 BAUTISTA AMERICORPS CNCS Y3 (TRAVEL) 207131 3/14/2006 32.30 BELL AMERICORPS CNCS Y3 (TRAVEL) 207132 3/14/2006 26.52 BA 7 AMERICORPS LSTA Y3 (TRAVEL) 207133 3/14/2006 759.80 BOZIK LIT. INIT. XIV HUFFMAN PROJECT 207134 3/14/2006 157.25 BROWNLEE AMERICORPS LSTA Y3 (TRAVEL) 207135 3/14/2006 111.67 CALDWELL PRIME TIME LSTA (TRAVEL) 207136 3/14/2006 74.12 CANIER AMERICORPS CNCS Y3 (TRAVEL) 207137 3/14/2006 75.00 CARLA CAMPBELL LEHN LIT. INIT. XIV (TRAVEL) 207138 3/14/2006 345.28 CINGULAR WIRELESS WINGS (TELEPHONE) 207139 3/14/2006 39.86 CINGULAR WIRELESS WINGS (TELEPHONE) 207140 3/14/2006 33.23 CISNEROS LIT. INIT. XIV (TRAVEL) 207141 3/14/2006 34.00 CLARK EVG & AMERICORPS 207142 3/14/2006 6,528.00 COMBS LIT. INIT. XIV (TRAVEL) 207143 3/14/2006 38.08 COSTALES AMERICORPS CNCS Y3 (TRAVEL) 207144 3/14/2006 98.94 1 COUNTRY SIDE SUITES LIT. INIT. XIV (TRAVEL) COX AMERICORPS CNCS Y3 (TRAVEL) CRIDER AMERICORPS CNCS Y3 (TRAVEL) DEERING AMERICORPS CNCS Y3 (TRAVEL) DEMCO INC. PRIME TIME Y2 (MATERIALS/SUPPLIES) DIAZ LIT. INIT. XIV (TRAVEL) DOMENIGHINI LIT. INIT. XIV (TRAVEL) FULGHUM-NUTTERS LIT. INIT. XIV (TRAVEL) GARDNER AMERICORPS CNCS Y3 (TRAVEL/EXPERT SER GUERRERO LIT. INIT. XIV (TRAVEL) GUTIERREZ LIT. INIT. XIV (TRAVEL) HOWARD LIT. INIT. XIV (TRAVEL) JONES LIT. INIT. XIV (TRAVEL) KERR AMERICORPS CNCS Y3 (TRAVEL) KUO LIT. INIT. XIV (TRAVEL) LAU LIT. INIT. XIV (TRAVEL) LITERACY PRO SYSTEMS LIT. INIT. XIV (CONTRACT SERVICES) LITERACYWORKS AC LSTA, CNCS, & LIT SVCS (EXPERT SVCS) LUA-CORDOVA AMERICORPS CNCS Y3 (TRAVEL) LIT. INIT. XIV (TRAVEL) AMERICORPS CNCS Y3 (TRAVEL) LIT. INIT. XIV (TRAVEL) LIT. INIT. XIV (TRAVEL) LIT. INIT. XIV FFL/MLLS (TRAVEL) AMERICORPS CNCS Y3 (TRAVEL) NORTHERN CA LITERACY COALITION LIT. INIT. XIV (EXPERT SERVICES) LYNN MESSMER MILLER MORENO NEDER NEWSOM 207145 3/14/2006 5,209.01 207146 3/14/2006 135.66 207147 3/14/2006 24.48 207148 3/14/2006 36.38 207149 3/14/2006 348.03 207150 3/14/2006 72.97 207151 3/14/2006 648.40 207152 3/14/2006 267.26 207153 3/14/2006 57.65 207154 3/14/2006 55.42 207155 3/14/2006 31.04 207156 3/14/2006 179.29 207157 3/14/2006 460.07 207158 ' 3/14/2006 214.20 207159 3/14/2006 32.64 207160 3/14/2006 34.00 207161 3/14/2006 431.92 207162 3/14/2006 71,675.00 207163 3/14/2006 355.30 207164 3/14/2006 273.66 207165 3/14/2006 6.05 207166 3/14/2006 196.90 207167 3/14/2006 257.21 207168 3/14/2006 30.26 207169 3/14/2006 72.40 207170 3/14/2006 1,000.00 O'HALLORAN LIT. INIT. XIV (TRAVEL) 207171 3/14/2006 82.96 ORTEGA AMERICORPS CNCS Y3 (TRAVEL) 207172 3/14/2006 21.76 PALATO AMERICORPS CNCS Y3 (TRAVEL) 207173 3/14/2006 45.56 PIMENTEL AMERICORPS LSTA Y3 (TRAVEL) 207174 3/14/2006 68.52 RED LION HANALEI HOTEL AMERICORPS CNCS & LSTA Y3 (TRAVEL) 207175 3/14/2006 44,536.68 2 ROBINSON AMERICORPS CNCS Y3 (TRAVEL) 207176 3/14/2006 71.74 RUTH AMERICORPS CNCS Y3 (TRAVEL) 207177 3/14/2006 14.09 SALISBURY AMERICORPS CNCS Y3 (TRAVEL) 207178 3/14/2006 90.44 SCHWARTZBERG AMERICORPS LSTA Y3 (TRAVEL) 207179 3/14/2006 188.00 SMITH PRIME TIME LSTA Y2 (TRAVEL) 207180 3/14/2006 79.56 SOLANO COUNTY LIBRARY LIT. INIT. XIV (TRAVEL) 207181 3/14/2006 233.80 SPEED LIT. INIT. XIV (TRAVEL) 207182 3/14/2006 58.14 SPRINT WINGS (TELEPHONE) 207183 3/14/2006 29.36 ST. JOHN LIT. SVCS. Y3 (EXPERT SERVICES) 207184 3/14/2006 105.00 STRATEGIC RESOURCE COMPANY AMERICORPS CNCS Y3 (EXPERT SERVICES) 207185 3/14/2006 4,915.22 TIGH, TAMARIE PRIME TIME LSTA Y2 (TRAVEL) 207186 3/14/2006 159.12 TOSTI LIT. INIT. XIV (TRAVEL) 207187 3/14/2006 50.14 VARGAS LIT. INIT. XIV (TRAVEL) 207188 3/14/2006 13.60 VELEV LIT. INIT. XIV (TRAVEL) 207189 3/14/2006 11.90 WESTLIN AMERICORPS CNCS Y3 (TRAVEL) 207190 3/14/2006 8.16 WOODLAND PUBLIC LIBRARY AMERICORPS LSTA Y3 (TRAVEL) 207191 3/14/2006 45.00 WRIGHT LIT. INIT. XIV (TRAVEL) 207192 3/14/2006 307.51 ACCOUNTEMPS TEMP SRVCS MARY-JO REBELEZ W/E 02/24/06 207193 3/14/2006 1,184.00 AIRGAS-WEST MOP 45714 - GLOVES 207194 3/14/2006 17.22 APT US&C 2006 APTMEMBERSHIP/GEORGE HOOD 207195 3/14/2006 202.00 BAKERSFIELD COLLEGE TRAINING MODULES 1-4 EXAMINATION 207196 3/14/2006 2,976.00 BOFIDAN & DOUCETTE LLP PROF SRVCS RENDERED THROUGH 02/28/06 207197 3/14/2006 8,528.00 C A P F FIRE/LTD MAR 2006 207198 3/14/2006 640.00 CALIFORNIA COMMERCIAL SECURIT MOP 45754 - KEYS 207199 3/14/2006 56.51 CALIFORNIA LAW ENFORCEMENT PD/LTD MAR 2006 207200 3/14/2006 1,599.00 CATHERINE GROBEN REVIEWING DOCUMENTS ON PROJECT 05/06 207201 3/14/2006 2,200.00 CATHERINE GROBEN REVIEWING DOCUMENTS ON PROJECT 207202 3/14/2006 1,800.00 CDF/STATE FIRE TRAINING FIREFIGHTER II CERTIFICATION CARDS FOR 207203 3/14/2006 60.00 CEB CA TORT DAMAGES 2D UP 06S 207204 3/14/2006 121.24 CINGULAR WIRELESS CINGULAR WIRELESS SERVICE#0045518590 207205 3/14/2006 528.46 CLEAN HARBORS HAZARDOUS WASTE PICKUP FOR FISCAL YE. 207206 3/14/2006 885.00 CORPORATE EXPRESS MOP 45704 OFFICE SUPPLIES 207207 3/14/2006 360.54 COUNTY OF SAN DIEGO CORRESPONDENCE AND REPORTS 207208 3/14/2006 34.50 CSAC EXCESS INSURANCE AUTHORT' 04/05 EWCPR PREMIUM ADJUSTMENT 207209 3/14/2006 3,722.41 DELTA DENTAL DENTAL INS MAR 2006 207210 3/14/2006 15,667.22 DELTACARE (PMI) DENTAL INS PMI MAR 2006 207211 3/14/2006 3,437.50 DEPARTMENT OF TRANSPORTATION HIGHWAY LIGHTING FOR FISCAL YEAR 2006 207212 3/14/2006 3,736.39 DIXIELINE LUMBER CO. MOP 45707 - POOL DRAIN SUPPLIES 207213 3/14/2006 501.77 DREW FORD MOP 49078 - TANK ASSEMBLY 207214 3/14/2006 111.44 DURRA INK MOP 46766 BUSINESS CARDS 207215 3/14/2006 517.65 FEDEX CARDSTOCKPOSTCARDS 207216 3/14/2006 187.06 FORTIS BENEFITS VTL MAR 2006 207217 3/14/2006 2,636.66 HARRIS & ASSOCIATES JAUARY 2006 SERVICES 207218 3/14/2006 5,579.61 HEALTH NET HEALTH -ELECT INS MAR 2006 85027A 207219 3/14/2006 2,999.98 HEALTH NET HEALTH-RET INS 57135F MAR 2006 207220 3/14/2006 2,543.09 HEALTH NET HEALTH-RET INS 85027B MAR 2006 207221 3/14/2006 514.01 HEALTH NET HEALTH-RET INS 57135J MAR 2006 207222 3/14/2006 471.80 HdL COREN & CONE CONTRACT SRVCS SALES TAX 1ST QTR 207223 3/14/2006 3,149.71 HdL COREN & CONE CONTRACT SRVCS PROPERTY TAX JAN-MAR 207224 3/14/2006 2,400.00 IRON MOUNTAIN RECORDS MGMT DOCUMENT STORAGE 207225 3/14/2006 100.00 JONES & MADHAVAN FEB 2006 SRVCS-MUNI POOL RENOVATION 207226 3/14/2006 600.00 KAISER FOUNDATION HEALTH PLAN: KAISER INS RETIREES MAR 2006 207227 3/14/2006 616.38 LASER SAVER INC MOP 45725 CARTRIDGE 207228 . 3/14/2006 306.71 LONG'S DRUG STORES MOP 45727 - RODENT TRAPS 207229 3/14/2006 64.59 LOPEZ INTERPRETATION SRVCS ON 3/07/06 207230 3/14/2006 100.00 LYNNE PRICE RPLC CK#206401- LIT INIT XIV PUB AWRNSS 207231 3/14/2006 81.49 MASON'S SAW & LAWNMOWER SRVC MOP 45729 - SAW CHAIN 207232 3/14/2006 289.93 MEDINA PARKING FEES/FIREHOUSE CONVENTION 207233 3/14/2006 40.00 MURRAY, JOHN RETIREE HEALTH BENEFITS MARCH 2006 207234 3/14/2006 150.00 N C CHAMBER OF COMMERCE CITY ENHANCEMENT FUND MARCH 2006 207235 3/14/2006 3,750.00 NAPA AUTO PARTS MOP 45735 - FUEL/AIR FILTER 207236 3/14/2006 122.38 4 NATIONAL CITY TROPHY MOP 66556 TRACK MEDAL GOLD 207237 3/14/2006 60.34 NEXTEL COMMUNICATIONS NEXTEL WIRELESS SERVICE#481082028 207238 3/14/2006 59.42 PARTS PLUS AUTOSTORE #713 MOP 64946 - WIPER REFILLS/BLADES 207239 3/14/2006 38.30 PERVO TRAFFIC CENTER MOP 63846 - SIGNS 207240 3/14/2006 781.70 PORTILLO CONCRETE, INC. CONCRETE IMPROVEMENT 207241 3/14/2006 104,058.90 PRUDENTIAL OVERALL SUPPLY MOP 45742 TOWEL BATH WHITE 207242 3/14/2006 484.13 PUBLIC EMP RETIREMENT SYSTEM SERVICE PERIOD 02-06-4 207243 3/14/2006 61,531.77 RANDOLPH REIMB EMPLOYEE FOR RETURNED CHECK CI 207244 3/14/2006 56.00 ROBERT HALF LEGAL TEMP SRVCS CLARK JENNIFER T W/E 02/24/06 207245 3/14/2006 502.08 ROJAS BUSINESS LICENSE CONSULTANT SERVICES 207246 3/14/2006 360.00 RORE ENVIRONMENTAL SCIENCE REMOVAL UNDERGROUND TANK --PUBLIC W 207247 3/14/2006 126,717.00 SAN DIEGO GAS & ELECTRIC ELECTRIC BILL/FACILITIES#86482714057 207248 3/14/2006 1,258.79 SAN DIEGO GAS & ELECTRIC ELECTRIC BILL/STREET#27985377588 207249 3/14/2006 41.28 SCHMIDT RPLC CK#206431 -AC CNCS Y-3 (TRAVEL) 207250 3/14/2006 99.29 SMITH BARNEY 635-09889-1-8-600 IMPROVEMENT BOND NO. 5 207251 3/14/2006 1,230.00 SOLANA CENTER RECYCLED PRODUCTS, PER DEPARTMENT OI 207252 3/14/2006 563.75 SOUTHERN CALIF TRUCK STOP MOP 45758 - DIESEL 207253 3/14/2006 185.52 SOUTHWEST SIGNAL SERVICE, INC. TRAFFIC SIGNAL, STREET LIGHTING 207254 3/14/2006 15,519.36 STRATACOM MOP 63845 PERSONNEL ACTION FORM 207255 3/14/2006 . 94.34 SUN TRUST NEW FIRE TRUCK RNTAL PMT#25 3/30/06 207256 3/14/2006 5,009.63 SWEETWATER AUTHORITY WATER BILLS/STREET 3 ACCOUNTS 207257 3/14/2006 328.79 SWEETWATER AUTHORITY WATER BILLS/WASTEWATER#920-3000-0 207258 3/14/2006 82.56 SWEETWATER AUTHORITY WATER BILLS/PARKS#920-6000-0 207259 3/14/2006 37.17 THE LIGHTHOUSE, INC. MOP 45726 - HALOGEN BULB 207260 3/14/2006 44.97 UNDERGROUND SERV ALERT UNDRGRND SRVC NEW TICKETS/FEB 2006 207261 3/14/2006 280.00 VALLEY INDUSTRIAL SPECIALTIES MOP 46453 - PLUMBING MATERIAL 207262 3/14/2006 588.67 VERIZON WIRELESS VERIZON MOBILE SERVICES#570210396-00001 207263 3/14/2006 3,817.82 WOOLSEY RPLC WC CK#11240-RET BY BOFA/SRVC FEE 207264 3/14/2006 410.00 ARCO GASPRO PLUS FUEL FOR STAFF VEHICLES 207265 3/14/2006 500.45 AT SYSTEMS WEST INC MONEY TRUCK - MARCH '06 207266 3/14/2006 381.45 5 AVAYA, INC BAYSHORE TRANSIT MGMT INC CINTAS CORPORATION #694 CORPORATE EXPRESS COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO DAY WIRELESS SYSTEMS (20) DIXIELINE LUMBER CO PHONE MESSAGING 02/02/06 - 03/01/06 PAYROLL CK DTD 03/10/06 MAINT. LAUNDRY SERVICE OFFICE SUPPLIES PAYROLL PPE 03/04/06 - JOSE VAZQUEZ PAYROLL PPE 03/04/06 - SHERRY LOGEL HANDSET WITH HANGUP CUP SHOP SUPPLIES FIRST ADVANTAGE CORPORATION RANDOMS - FEB '06 JANKOVICH COMPANY DIESEL FUEL KIMBALL MIDWEST SHOP TOOLS METROPOLITAN TRANSIT SYSTEMS INFO LINE- MARCH '06 MYERS TIRE SUPPLY COMPANY SHOP SUPPLIES NEW FLYER PARTS BUS PARTS OSBORN PLUMBING & HEATING PRINCIPAL FINANCIAL GROUP REGIONAL COMMUNICATIONS SYSTF RCS RADIO NETWORK - FEB. 06 SAFETY-KLEEN SYSTEMS, INC. SAN DIEGO COUNTY SHERIFF SAN DIEGO GAS & ELECTRIC SPANKY'S, INC. STATE OF CALIFORNIA THE STAR NEWS Workers compensation checks WASTE REMOVAL PAYROLL PPE 03/04/06 - CHRISTINA RAMOS 207285 3/14/2006 ELECTRIC 10/28/06 - 03/01/06 PORT -POT IIES SERVICING PAYROLL PPE 03/04/06 - DIANNE BUCKINHAM ADVERTISEMENT FOR DRIVERS Total 207267 3/14/2006 46.88 207268 3/14/2006 48,671.08 207269 3/14/2006 128.34 207270 3/14/2006 43.05 207271 3/14/2006 50.00 207272 3/14/2006 23.04 207273 3/14/2006 4,107.95 207274 3/14/2006 14 5.79 207275 3/14/2006 195.00 207276 3/14/2006 620.34 207277 3/14/2006 419.41 207278 3/14/2006 2,267.89 207279 3/14/2006 113.53 207280 3/14/2006 1,146.58 TESTED/ REBUILT BACKFLOW ASSEMBLIES 207281 3/14/2006 470.00 401K - PPE 03/04/06 207282 3/14/2006 2,710.62 207283 3/14/2006 609.50 207284 3/14/2006 2,325.73 50.00 207286 3/14/2006 1,436.06 207287 3/14/2006 230.78 207288 3/14/2006 73.36 207289 3/14/2006 105.00 610,635.19 11347 3/8/2006 2,635.00 11348 3/8/2006 69.19 11349 3/8/2006 377.14 11350 3/8/2006 400.00 11351 3/8/2006 320.00 PAYROLL Pay period Start Date End Date Check Date 275 2/14/2006 2/27/2006 3/8/2006 TRANSIT WARRANTS CHECK # 207265-207289 LIBRARY WARRANTS CHECK # 207124-207192 Total Total 11352 3/8/2006 380.52 4,181.85 614,817.04 Total 803,108.26 GRAND TOTAL 1,418,403.30 25 CHECKS $66,871.83 "69 CHECKS $143,729.53 City of National City Warrant Register # 36 3/14/2006 001 GENERAL FUND 661,163.19 104 LIBRARY FUND 28,099.95 105 PARKS MAINTENANCE FUND 18,233.96 108 LIBRARY CAPITAL OUTLAY 1,086.50 109 GAS TAXES FUND 114,344.81 125 SEWER SERVICE FUND 18,681.96 136 TINY TOT CLASSES FUND 60.34 154 STATE PUBLIC LIBRARY FUND 1,239.29 171 LIBRARY SCHOOL DISTRICT CNTRCT 1,816.32 172 TRASH RATE STABILIZATION FUND 3,133.81 191 STOP PROJECT 1,450.11 196 CAPITAL PROJECT RESERVE 126,717.00 212 PERSONNEL COMPENSATION FUND 67,242.97 230 ABANDONED VEHICLE ABATEMENT GRANT 1,385.85 246 WINGS GRANT 25,084.01 253 RECREATIONAL ACTIVITIES FUND 96.76 254 LEAD -BASED PAINT HAZARD REDUCTION GRANT 10,624.71 273 CBAG-MAJOR MEXICAN TRAFFICKERS 4,250.14 280 AMERICORPS/CNCS YEAR 2 GRANT 0.00 284 Literacy Initiatives XIV 11,399.20 285 EASY VOTER GUIDE II 7,693.05 286 LITERACY SERVICES III 2,035.74 287 AMERICORPS LSTA III 43,703.20 288 PRIME TIME II 661.31 291 AMERICORPS CNCS YEAR 3 81,350.82 294 HUD HEALTHY HOMES GRANT 1,875.91 301 GRANT-C.D.B.G. 11,817.66 302 CDC PAYMENTS 18,997.27 307 PROPOSITION A" FUND 5,861.92 349 GEN FUND LOCAL ASSISTANCE FOR PARKS GRNT 600.00 552 TDA 66,871.83 626 FACILITIES MAINT FUND 20,753.04 627 LIABILITY INS. FUND 8,304.26 628 GENERAL SERVICES FUND 5,155.11 629 INFORMATION SYSTEMS MAINTENANC 4,244.75 631 TELECOMMUNICATIONS REVOLVING 7,088.09 632 GENERAL ACCOUNTING SERVICES 19,590.21 643 MOTOR VEHICLE SVC FUND 11,030.30 724 COBRA/RETIREE INSURANCE 4,657.95 Total 1,418,403.30 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. Y g' FINANCE DIRE R CITY MANAGER FINANCE COMMITTEE NICK INZUNZA, MAYOR -CHAIRMAN RONALD J. MORRISON, MEMBER FRANK PARRA, MEMBER LUIS NATIVIDAD, MEMBER ROSALIE ZARATE, 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 4TH DAY OF APRIL 2006. AYES NAYS ABSENT City of National City, California COUNCIL AGENDA STATEMENT IEETING DATE April 4, 2006 AGENDA ITEM NO. 8 (-ITEM TITLE TEMPORARY USE PERMIT— St. Anthony of Padua Festival, June 10-11, 2006 from 9:00 a.m. to 8:00 p.m. daily at 1816 Harding Ave. with no waiver of fees. PREPARED BY Joe Olson, 336-4210 DEPARTMENT Building & Safety EXPLANATION This is a request from St. Anthony's Church to conduct a festival located at 1816 Harding Ave. from 9:00 a.m. to 8:00 p.m. from Saturday, June 10 thru Sunday, June 11, 2006. The event will consist of carnival style game booths, musical entertainment and concession stands. EXT. The applicant is requesting that Harding Ave. between 18th St. and 19th St. be closed Saturday, June 10, 2006 at 5:30 a.m. through Sunday, June 11, 2006, 9:00 p.m. The applicant is requesting to sell alcohol at the event. A waiver of fees is requested. The event and sponsoring organization meet the criteria in the City Council Policy No. 704 for a waiver of fees. However, due to the City's budget situation, staff is not recommending the waiver of fees. Environmental Review X N/A MIS Approval Financial Statement The City has incurred $345.00 for processing the Approved By: TUP through various City depat tuients, plus $349.00 for the fire permit and $103.14 for Public Works staff costs. Total $797.14 Finance Director Account No. STAFF RECOMMENDATION Approve the Application for Pp pp emporary Use Permit subject to compliance with all conditions of approval with no waiver of fees. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Application for a Temporary Use Permit with recommended approvals and conditions of approval. A-200 (Hev. 7/03) CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: St. Anthony of Padua Church EVENT: St. Anthony of Padua Festival DATE OF EVENT: June 10-11, 2006 TIME OF EVENT: 9 a.m. to 8 p.m. daily APPROVALS: PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS/PARKS YES [ x ] NO [ ] SEE CONDITIONS [ ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICE YES [ x ] NO [ ] SEE CONDITIONS [ ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] ENGINEERING YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: ENGINEERING No CIP Projects in the event's vicinity anticipated as of date. However, please confirm with Engineering 3 weeks prior to the event to check, modify, and confirm schedule, if necessary. For more information, please contact Kenneth Fernandez at 619-336-4388. A traffic control plan showing detours and all required signage shall be submitted to the Engineering Department for approval prior to event. Event holder is responsible for installing and maintaining all traffic control devices. Event holder is responsible to contact all utility companies and verify with same of any construction conflicts along street areas. CITY ATTORNEY 1. Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and Parking Authority and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. POLICE 336-4400 Applicant will need to coordinate with Public Works for barricades and proper signage for road closures. Applicant must develop a security/crowd control plan for this event and submit plan to Police Department for approval. PUBLIC WORKS 336-4580 1. Staff will deliver barricades to street corners or to applicant prior to the event. The applicant shall install these barricades and remove them to a safe location at the conclusion of the event. Staff will pick them up on the following workday. 2. Staff will post not parking signs along affected streets before the event. 3. The cost to provide Street personnel support for this event is estimated to be $103.14. FIRE (619) 336-4550 1) Maintain Emergency Vehicle access at all times. 2) Fire protection appliances are not to be blocked at any time (fire hydrants, sprinkler connection (FDC), fire extinguishers etc.). 3) Permit is required to erect or operate a tent having an area in excess of two hundred (200) square feet or a canopy in excess of four hundred (400) square feet, or a combination thereof. Tents and canopies shall be flame-retardant treated. Permit fee is three hundred and forty nine (349.00) dollars. Permit to be obtained from the Fire Department. 4) 2-A:10-B:C fire extinguishers are required. Fire extinguisher locations to be plainly marked, and not to exceed a travel distance of seventy-five (75) feet. Fire extinguishers are also required in all cooking locations. 5) 40-B:C dry chemical fire extinguishers shall be provided where deep -fat fryers and or grease and oil are used. 6) All canopies used in cooking areas are to be flame-retardant treated. 7) Site plan required; must reflect location of cooking area, booths, canopies, and access points. RISK MANAGER (619) 336-4300 1. Minimum limits of one million dollars per occurrence of general liability insurance. 2. That the City of National City, its officials, employees, agents and volunteers be named as additional insureds on above policy. 3. Execute standard hold harmless with the City of National City (done). FINANCE 336-4330 1. A Business License is required IF monies are solicited, admittance charged or food, beverages or merchandise is 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 on 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 and Recovery Division of the Finance Department two weeks prior to the event for verification of business license numbers. 3. If any of the vendors or organizations is registered not -for -profit, there will be no charge for the Business License. However, a Business License certificate must be obtained for 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.) (THE SAN DIEGO COUNTY ENVIRONMENTAL HEALTH DEPARTMENT, NATIONAL CITY AND SAN DIEGO TRANSIT HAVE BEEN NOTIFIED VIA FAX) Type of Event: Public Concert Parade _ Motion Picture Fair Demonstration Grand Opening frFestival Circus Other NUMMI RECE1 R 0 2 2005 Lemr,E Community Event _ Block Party Event Title: S //� (2 N T-P !J /V)/ c r ct K et IT ✓ Event Location: / r/ I rD / h,- /<} V iV ,� IL, e ,1 y ei. '.', 9 SG Event Date(s): From Actual Event Hours: a ' O to 61 6 Total Anticipated Attendance: S 0 M nth/Day ear ( 6 OParti pants) ( Sdo Spectators) c rpm to an rr.. 3t Setup/assembly/construction Date: tart time: 7 Please describe the scope of your se up/assembly work (specific details): Foot s 1-Md S/ 5€T- wp Ca n�c'p y Pc P' T wr�l fecsz'roayn , W / l / b Pry v �!of Dismantle Date: 6 / €% i l/o& Completion Time: 7 (3d ar List any street(s) requiring cclosure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. rD l n�- 14- r -2 /3 e 7—W-e eiv / t / 9 7—" 5 141-r � �t � 4--kre it /2 e a p e,v 9p ;it c, iv Sponsoring Organization: g / ' /4A j 110 M y c' F 19 au 4. F9r Profit Chief Officer of Organization (Name)C?,1 //e._ Combo `✓' Pprcw rofit Applicant (Name): 5 / r 6- A/ / G' G N S 0 F Pa iu G G/4'ti re:I( Address: / 7 & k frei r^ cif (,,+ /1 — y Daytime Phone: 4/q) y77-gjl20tvening Phone: ! , 5 Contact Person "on site" day of the event: V / CPOTe �1'r cA, i l ( 36"0_2 76) Pager/Cellular 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? ES NO Are admission, entry, vendor or participant fees required? YES !' NO If YES, please explain the purpose and provide amount(s): $ Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ Estimated Expenses for this event. $ What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of yourevent. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. Y' _Q r �' f --2 / v 1471 (46 I C�/lam/rit e Per FOR e►�y� F-GGa _Ni) ,v,,oyf s s,T-. PO r Ta h l.e � r�� s YES L..410 If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: Y E _ NO Does the event involve the sale or use of alcoholic beverages? "YES _ NO Will items or services be sold at the event? If yes,please describe: { .-GO C'riM'C2zSlCi/N 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. ES _ NO Does the event involve a fixed venue site? If YES, attach a detailed to map showing all streets impacted by the event. D i a. y r a in C j-77T 1i l YES _ NO Does the event involve the use of tents or canopies? If YES: J Number of tent/canopies 2 5 Sizes / G K' /C' OTE: A separate Fire Department permit is required for tents or canopies. YES If you jniend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): ➢ 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.) Number of trash cans: / / e Trash containers with lids: / C �. Describe your plan for clean-up and removal of waste and garbage during and after the event: �racy5 re-# YES VNO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: ➢ Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. ➢ Food Concession and/or Food Preparation areas Please describe how food will be served at the e 1 nt: 4- L L �^ o S' vVe r11- (/ GUI' > Ht -ir ly..eT v 1Ll �P lr y CAos Please describe your procedures for both Crowd Control and Internal Security: — YES O Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: YES VNO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. Please describe your Accessibility Plan for access at your event by individuals with disabilities: PI .e pro a detailed description o)�vyour PARKING plan: 4� rl�`v>k Neic% lG) < `7 vt fie Please describe your plan for DISABLED PARKING: �rS1Pc) Pet K/Gf w,l1 6e Piovi lc/ 4 Please describe your plans to notify all residents, businesses and churches impacted by the event: 1/1/'I Il 11/aTi / x/ Pew s G�' 411 fi.-eside,cirs lT C P s T 2e wh We,ek� rice ,tom- .� NO : Neighborhood residents mu§fbe notifled 72 hdurs i adva� birents are scheduled in the City parks. ES NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: / Number of Bands: 2 t/ Type of Music: /y-j 4 c . /CU / 1 /Gr l c c( 1 4 1) Al z q YES _ NO Will sound amplification be used? If YES, please indicate: Start time: i% pm Finish Time if i l an ES NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: q rg/pm Finish Time t% & (Om Please describe the sound equipment that will be used for your event: 0 v ; p a 0 Q tz,ti! YES NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: ufES NO Any signs, banners, decorations, special lighting? If YES, please describe: haNN e�� �N e4Vre-4Prop C-' A- A/NOIArefG / U•eM1 Revised 10/3/01 5 For Office Use Only Event: Department Date Approved? Yes No Initial Specific Conditions of Approval Council Meeting Date: Approved: Yes No Vote: Kathleen Trees, Director Building & Safety Department City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization Person in Charge of Activity Address Telephone Date(s) of Use HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims; demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicart Official Title For Office Use Only Date Certificate of Insurance Approved Date RES UESTFOR A' WAIVER Qf-FEES Non-profit organizations, which meet the criteria on page v of the instructions, will be considered for a waiver. If you would like to request a waiver of the processing fees, please complete the questionnaire below. 1. Is the event for which the TUP is sought sponsored by a non-profit organiz 'on? 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 smonsoripg organization l N Tel d At 0 r Pa A 14 Type of Organization C - /'(• L r e- (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) o (Please sign the form and submit it with the TUP Application) 4. Will the proceeds provide a direct financial benefit to an individual who resides in or is employed in the city, and who is in dire financial need due to health reasons or a death in the family? Yes (Please provide an explanation and details. No (Please proceed to Question 5) 8 r 5. Will the proceeds provide a direct financial benefit to city government such as the generation of sales tax? Yes (Please provide an explanation and details. No (Please proceed to Question 6) 6. Will the proceeds provide a direct financial benefit to a service club, social services agency, or other secular non-profit organization located within the city such as Kiwanis, Rotary, Lions, Boys and Girls Club? Yes (Please provide an explanation and details. No (Please proceed to Question 7) 7. Will the proceeds provide a direct financial benefit to an organization, which has been the direct recipient of Community Development Block Grant (CDBG) funding? Yes Year funds were received: Funds were used to: a Signature No (P lease sign the form and submit it with the TUP Application) Date l b>Q t L S c ldl v o► L 1 1 Q s 7N Fv»I i4-TtaN 6GOT1"1 5 I/4LL CN 4 r.i i n4 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE April 4, 2006 9 AGENDA ITEM NO. ITEM TITLE TEMPORARY USE PERMIT -- Vehicle Storage at the National City Train Depot on Bay Marina Drive and Harrison Ave. from April 4, 2006 to February 1, 2007 with no waiver of fees. PREPARED BY Joe Olson, 336-4210 DEPARTMENT Building & Safety EXPLANATION This is a request from the Community Development Commission (CDC) of National City to provide vehicle storage on the parking facilities of the National City Train Depot from April 4, 2006 to February 1, 2007. Two separate dealerships intend to store vehicles on the south parking lot during this time. Mossy Nissan will store vehicles from April 4, 2006 until September 4, 2006 and Frank Motors will store vehicles from August 1, 2006 to February 1, 2007. At no time will the CDC permit both parties to occupy the Site. Environmental Review N/A Financial Statement The City has incurred $345.00 for processing the TUP through various City departments. STAFF RECOMMENDATION Approve the Application for a Temporary Us with no waiver of fees. BOARD / COMMISSION RECOMMENDATION N/A Approved By: Finance Director Account No. euuit subject to compliance with all conditions of approval ATTACHMENTS ( Listed Below) Resolution No. Application for a Temporary Use Permit with recommended approvals and conditions of approval. A-200 (9/99) chairman Nick Inzunza Members Ron Morrison Luis Natividad Frank Parra Rosalie Zarate Executive Director Chris Zapata UbYi Preser:4dk=History... 4111111146 Shaping the Future Community Development Commission of National City March 21, 2006 National City Building and Safety Department Attached is an application for two sequential temporary use permits for the south parking lot of the National City Train Depot ("Site) owned by the National City Community Development Commission ("CDC"). The CDC requests the first permit be issued to Mossy Nissan to store new vehicles on the Site (up to 185 feet north of the southern property boundary) from April 4, 2006 through September 4, 2006. The second permit CDC requests be issued to Frank Motors for the same Site as Mossy Nissan, with a term of August 1, 2006 through February 1, 2007. The proposed term of both permits overlaps during the month of August 2006. This is designed to accommodate potential delays in the scheduled environmental cleanup of the Ace Metals site 2 blocks away, where Frank Motors is currently storing new vehicles. At no time will the CDC permit both parties to occupy the Site. The CDC requests the temporary use permits go to the City Council for consideration at its April 4, 2006 meeting. Per direction from Building and Safety Director Kathleen Trees to achieve the CDC's desire for an April 4, 2006 City Council hearing, the CDC will be responsible for routing a review form to the following four (4) city departments; Planning, City Attorney's Office, Fire and Police for their comments. Also, prior to the issuance of the permit Mossy Nissan and Frank Motors will pay all required fees for the permit. Attached is a site plan along with the draft lease for Mossy Nissan going to the CDC Board for consideration on April 4, 2006 and lease executed with Frank Motors. Both leases require certificates of insurance for the use of CDC property, which holds the City of National as well as its officers, employees and agents harmless. If you have any questions call me at (619) 336-4297 or email dparsons anci.national-city.ca.us. Thank you, David Parsons CDC — Project Manager Attachments: Application Site Plan Draft Lease Mossy Nissan Final Lease Frank Motors 1243 National City Boulevard; National City, California 91950- 4397 Tel.: (619) 336.4250 Fax: (619) 336.4286 EXHIBIT ©3.93 AC • C...▪ )1.5.1.0. 2❑-PAR. 3 See. MA► 804-37-26V O MIN. RT5, ONLY 4 STA.A ▪ 2 P 5,1.0. ❑2 - PAR. 64 SBE. MAP 804-37-26 AG MIN. RI3. ONLY 34 PAR. 73 SBE. MAP 604-37-25AJ !"845-7334 1 1 191 III. 111111111 11111 2 31 4 1 5 SCALE 1N 1/10 OF AN INCH ® AC PAR. 74 SBE MAP floe-37-284J ��A-YNP ri 3if 2159, i..a.Y `TR'F -L al.,b f �aa•.a- 4 .R • _ Ats! '�aoY� �. '>e 4.47 Ac. }• i 3 4-, - v 5iP 2 ��4_ ' ®®BAJ 1.S7 AC PAR -373 26A M'P 11 VI 1w0Akk;;".� N a a Q@ C N :$ N. N .SLYA. ,i; €na am.Niw BLK OLO .JlW oar?, !s a`r.t 4W4'4.642,.v6 1 111 III L 1L11 3i 6.37AC. 6.1.0.0-SOE. PM. ] SIN. MAP 804-37-20P R MIN. RES. ONLY '7T�rr. 400 y co 27$ HARK SI ON pbA eMaN 35E5Sf216 •4. 400.559 454E04 WPe06 P15 KS[eSMEv"^.�^65E5 ?vie. 760-044-07 POR.'4 v SHT 1 A. 5 06.57.54.1.8 B. N83.02066W C. N 05.42'00.E O. R-346.82 E. 9 64.02.06.E F. 52557.54E G. 111.616.410 N. 5 II'S3' sew J. R.970.36 112.73 25.10 123.82 44.85 44.64 65.22 151.92 60.63 83.55 0 40 4 'oe '6n � I ti AE 276 N Avo rY tv7, $B 'AR. 84 E. MAP 604-37-2e 4M N S 7 L O,. 559-04 AA N ror'4Cw BB N74'42'4I51 CC 411,4451u 00 21H'35.45,1 -�] A. r S. S F O PAR 1 /P,iyy,P 2> g a 4.24 AC v '<'� P'a k R 43 o AP 3e 5.11 L O.0. O ❑ 4.75� 5.1.0. 2❑-POR. PAR. 4 SBE. NAP 804-37-26P MIN. RTS. ONLY • 74y NAFFEEY v 2.27 AC. S, 2 40, 'P•OJ •30 e ,.71 AC 3 760 44 44 SHT. 2 'n iT /7Q J.O. I❑ 1.38A C S.IA.(E- O POR.PAR4 SSE. MAP ^1 804-37-28P MN. R7S. ONLY 32q Oe S.I.D.Q ,6 2.04AG s.1.0.0-2.5q.4 set. MAP floe-37-26w M.N. RM./ONLY oe..k L32.131.0.0 S.00AC 5.LO. CI -PAR. 43 SEE. MAP 804-37-2644 MIN. RTS. ONLY 320 784.yC 2O il.0.0 2.23AC S.I.D.❑2 -PAR.36 SBE. MAP 904-37-22Y MIN. RTS. ONLY 29 9,1.0.0 3.124C 200' 35 141.75 15.212 7).A4 290 AVE O SBE. MAP 804-37-2eAA 17 MIN. RTS. ONLY PAR. 37 SBE. 4AP floe-37-20Y A.T..ss.F RR. J. PPi 31 l.l2 MAP 348 - NMTICNAL CITY RE -FILED - TEL'MI"IAL CRC"IDS "'1 135,219 R05 10499 42e AC 40o AVE. 3;P 10 S.I. D. I❑ n 2.064C 30 31.00 -PAR 5 ' SBE. MAP 804-37-25W MIN. RTS. ONLY 1..No 2.14 .1 iv 2 5 2000 2a '7 z,3 CC r -- V 0 cr, W 0 Type of Event: _ Public Concert Parade Motion Picture Event Title: Event Location: Fair _ Demonstration Grand Opening Festival Circus _ Block Party Other Alone - Vehicle .borate. Only e -reran Depoi- Event Date(s): From 4/1103 to Ali/07 Total Anticipated Attendance: None, �1 u Month/Day/Year ( Participants) Actual Event Hours: ^1 t1 o am/pm ( Spectators) Setup/assembly/construction Date: WTI Start time: Please describe the scope of your setup/assembly work (specific details VT Dismantle Date: Completion Time: am/pm List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. None Sponsoring Organization: JATIoMI G,+y — GD G Chief Officer of Organization (Name) Community Event For Profit A Not -for -Profit Applicant (Name): Lki+ poa) Gj CDC Address: -I?, 4 3 N A+ onnQ) CITY .I 141 Daytime Phone: (blq)33,— I 7E ng / one: Fax: (01) '-016 Contact Person on site" day of the event Dgyjd PO-S Pager/Cellular:16/4) 6— SIa47 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS Is your organization a "Tax Exempt, nonprofit" organization? YES NO Are admission, entry, vendor or participant 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. $ t' COO 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. See wheat cover leer (3/� )/06) A YES _ NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involve in. trre sale: LeJ S are° (-rem Ahoi.I►� Cf� c.r' lei ho,,,.„" ho SA eS o,ce iakinnJa plates on-Sik iStDrgge Only) YES _XNO Does the event involve the sale or use of alcoholic beverages? YES $NO Will items or services be sold at the event? If yes, please describe: YES / NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. YES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. _ YES y NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies Sizes NOTE: A separate Fire Department permit is required for tents or canopies. YES X NO Will the event involve the use of the City stage or PA system? In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. Food Concession and/or Food Preparation areas .� Please describe how food will be served at the event: u0 GOtetSIOs If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) Tables and Chairs Fencing, barriers and/or barricades Y Generator locations and/or source of electricity Canopies or tent locations (include tent/canopy dimensions) Booths, exhibits, displays or enclosures Scaffolding, bleachers, platforms, stages, grandstands or related structures Vehicles and/or trailers Other related event components not covered above Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: a o S 60. a oxpecded 4c be 8eJNPRI+e4 by uebicae 54,E e flies , As Ale p.k 1 k 41 n no+ be acCessin9 Please describe your Accessibility Plan for access at your event by individuals with disabilities: ‘.e already ha c AisaJol PArkin,5 4P4,4, Wkkb will Please describe your procedures for both Crowd Control and Internal Security: —non Qobtc QUe(*1 ane YES XNO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: )(YES NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: aii-boure6 uzcJc siorrii>c has P o p i iii 'c.foa,r+icipari is Of Spec444or5, * e5(ore 00 ur%% attomod4+ oop5: , Please indicate what arrangement you have made for providing First Aid Staffing and Equipmen�pP" e IJoc►c ed204A4 i�4u11es �i Please provide a detail d description of your PARKING plan: See. aKathtoV). Please describe your plan for DISABLED PARKING: •'fit a nA palcinl spate5- Please describe your plans to notify all residents, businesses and churches impactedbythe event: No nearby ,idtn 5 or thurG es odNA \k1e tS np la-othk,4-rrie�► pc,t,4. 4c. sdrromndipq ,�,6Lxines�s,-- no noposeci NOTE: Neighborhood residents must be notified 72 hours in as ddvra�nc wF eenn a events arb scheduled in the City parks. YES NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Number of Bands: Type of Music: YES XNO Will sound amplification be used? If YES, please indicate: Start time: am/pm Finish Time am/pm YES X NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: _ YES NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES ^ NO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 08/10/05 LEASE AGREEMENT By and between the COMMUNITYMINTITY DEVELOPMEN11 OF THE CITY OF NATION and MOSSY NISSAN, INC This Lease, made and entered into this 4e' day of April 2006 by and between the Community Development Commission of the City of National City ("CDC"), hereinafter designated as "Lessor," and Mossy Nissan, hereinafter designated as "Lessee." RECITALS A. Lessee is desirous of leasing from Lessor, and Lessor is desirous of leasing to Lessee, certain real property identified as the southern portion of the parking lot (all real property 185 feet north of southern property boundary) located at 922 West 23rd Street in National City, California ("Vehicle Storage") to facilitate vehicle storage for automobile dealers on the Mile of Cars in National City, California. "Vehicle Storage" is more fully described as Lessee's exclusive use of a 15,500 square feet area on Exhibit "A" as Vehicle Storage. B. The use of said property for the purposes aforementioned will promote the general welfare of all inhabitants in the City of National City. NOW, THEREFORE, the parties hereto agreeas follows: 1. LEGAL STATUS OF OPERATOR,: Operator warrants that it is a legal corporation, incorporated under the laws of the State of California. 2 Leased Premises. Lessor does hereby lease, demise and let to Lessee the real property situated in the City of National City, County of San Diego, State of California, commonly described as western portion of the lot located at 900 West 2341 Street, otherwise known as the National City Depot site and whose legal description is attached hereto as Exhibit'B" 3. Term. The term of this lease shall be a month -to -month lease, but no longer than five (5) months, beginning on the date first above written. Lessee acknowledges that the use of the site is temporary and agrees to diligently seek an alternative method of vehicle storage. Lessee to initial here date 4. Rent. Lessee shall pay as rent for the leased premises ten ($.10) cents per square foot for approximately 15,50() square feet of space, or One Thousand Five Hundred Fifty and 00/100 Dollars ($1,550.00) per month for the term of this lease, payable on the I" of each month commencing on the date of signing by the Lessor. Page I of 5 DRAFT 5. Mailings & Noticing. 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, fax or email; 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, fax or email, when sent. Any payment, notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the Lessor: To the Lessee: Chris Zapata Executive Director Community Development Commission of the City of National City 1243 National City Boulevard National City, CA 91950-4397 Mossy Nissan Inc. Attention: Philip E. Mossy, President 4555 Mission Bay Drive San Diego, CA 92109 6. Use. The above -described premises are leased to Lessee by Lessor for the purpose of providing vehicle storage. 7. Assignment. This Lease shall not be assigned, hypothecated, leveraged, or transferred without the consent in writing of the CDC, evidenced by a resolution hereof duly adopted for said purpose. 8. Improvements. Lessee shall maintain all improvements in conformance with the 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. 9. Repair. Lessor shall not be liable for the repair or upkeep and/or maintenance of any improvements located or 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. Lessor shall cause the landscaped areas to be cared for, trimmed, mowed, and weeded as necessary to maintain an attractive property. 10. Hold Harmless. Lessee hereby agrees to indemnify, defend, and hold harmless the Community Development Commission of the City of National City, the City of National City and their officers and employees 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 or any sub -lessee. Page 2 of 5 DRAFT 11. Insurance. Lessee shall take out and maintain, throughout the period of this Lease, comprehensive general liability insurance with minimum limits of One Million Dollars ($1,000,000.00) combined single limit per occurrence, covering all bodily injury and property damage arising out of this Lease. This policy shall name Lessor the Community Development Commission of the City of National City, the City of National City, and their officers, agents, and employees as additional insured, and shall constitute primary insurance as to Lessor, its officers, agents and employees, so that any other policies held by Lessor shall not contribute to any loss under said insurance. Said policy shall provide for thirty (30) days' prior written notice to Lessor of cancellation or material change. Prior to commencement of this Lease, Lessee shall furnish Lessor a certificate of insurance and with original endorsements affecting coverage required by this clause. The certificate and endorsements for the insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate and endorsements are to be received and approved by Lessor before this Agreement is signed. Lessee shall keep the improvements located on the leased premises insured against loss or damage by fire in the amounts not less than eighty-five percent (85%) replacement value. If the required insurance coverage is provided on a "claims made" rather than "occurrence" form, Lessee shall maintain such insurance coverage for three (3) years after expiration of the term (and any extensions) of this Lease. If Lessee does not keep an insurance policy in full force and effect at all times during the term of this Lease, Lessor may elect to treat the failure to maintain the requisite insurance as a breach of the contract and terminate this Lease forthwith. 12. Inspection. Lessor, by and through its proper officers, reserve and shall always have the right, upon reasonable notice and at a reasonable time, to enter the leased premises for the purpose of viewing and ascertaining the conditions of the same and the operation and maintenance thereof. 13. Termination. This Lease may be terminated by either party (without cause) upon thirty (30) days written notice. 14. Non -Discrimination. Lessee agrees that there shall be no discrimination against or segregation of any person or group of persons, because of race, color, creed, national origin, sex, sexual orientation; ancestry, marital status, physical handicap, or medical condition, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the leased premises, nor shall Lessee, or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, lessees, subleases, subtenants, or vendees in the leased premises. 15. Waiver. The failure or omission of Lessor to terminate this Lease for any violations of any of its terms, conditions, or covenants shall in no way be deemed to be a consent by Lessor to such violation and shall in no way bar, stop or prevent Lessor from terminating this Lease thereafter, either for such or for any subsequent violation of any such term, condition or covenant. Page 3 of 5 DRAFT 16. Signs. Lessee agrees that no sign, advertisement, or notices shall be inscribed, painted or affixed on or to any part or portion of the outside of the leased premises except to be of such type and color, size and style, and in such place as may be approved by the CDC. Lessee also agrees to pay for and obtain all required regulatory approves (permit) for any signage deemed necessary for the property. 17. Taxes. Lessee recognizes and understands that this Lease may create a possessory interest subject to property taxation and that Lessee may be subject to the payment of property taxes levied on such interest. Lessee further agrees to pay all property taxes, if any, assessed during the term of this Lease pursuant to Sections 107 and 107.1 of the Revenue and Taxation Code against Lessee's possessory interest in the leased premises. 18. Waiver of Relocation Assistance. In consideration for the execution of this lease by Lessor, Lessee hereby waives any claim for relocation assistance benefits to which it may otherwise be entitled under federal, state, or local law or regulations, upon vacation of the premises. 19. Termination by Lessor. Notwithstanding any other provision of this lease to the contrary, Lessor may terminate the Parking Premises lease upon thirty (30) days written notice to Lessee in the event Lessor determines the leased parking premises are uniquely suited for public, municipal or redevelopment purposes. hi the event of such a termination Lessor agrees to work with Lessee to seek reasonable alternative parking arrangements for the Project, and Lessee shall limit all of its claims for damages against Lessor to require Lessor's good faith assistance in relocating the parking for the Project. The burden of securing adequate parking for the Project, in any case, is on Lessee. 20. Environmental. Compliance. Lessee shall not engage in, nor shall it permit any third party to engage in, activities upon the Premises, or any portion thereof, for the purpose of or anyway involving the handling, manufacturing, treatment, storage, use, transportation, spillage, leakage, dumping, discharge or disposal (whether legal or illegal, accidental or intentional) or any hazardous or toxic substances, materials or wastes, or any wastes regulated under any local, state or federal law. Lessee shall be, and remain for the term of this License, in full compliance with all applicable laws governing the use and occupancy of the Premises including, without limitation, the handling, manufacturing, treatment, storage, disposal, discharge, use, and transportation of hazardous or toxic substances, materials or wastes, and any wastes regulated under any local, state or federal law (hereinafter collectively referred to as "Standards"). In addition, Lessee has been advised that this site has been impacted with an environmental condition, and soils at this site are therefore considered regulated materials, which cannot be excavated or disposed of off -site without appropriate oversight and adherence to state and federal environmental laws. Lessee has been advised that additional information about the nature of the environmental impacts at this site is available through a review of material in the possession of Environmental Business Solutions, which company has acted as Lessor's environmental consultant for these Premises, and that no digging or excavation at the site will be authorized without appropriate environmental oversight. Lessee shall not create nor permit to be created nor permit to exist upon the Premises any non- compliance with Standards or any condition which could be alleged to create a nuisance, public, private or mixed, or to otherwise present a threat to health or property by any unhealthful, hazardous or dangerous condition (herein collectively referred to as "Harmful Conditions"). Leassee shall contain any Harmful Condition to prevent it from deteriorating. Lease shall notify Lessor immediately of any Harmful Condition or non-compliance with any Standard and Lessee shall notify all responsible local, state, or federal agencies as required by local, state or federal regulations. Page 4 of 5 DRAFT In the event Lessee fails to be in full compliance with the obligations assumed by Lessee herein and Lessee does not correct such non-compliance within three (3) days of written notice of such failure. given by Lessor, Lessor may, but shall not be obligated to, take whatever action is necessary to bring the Premises into compliance. If however, Lessee has begun compliance within the allowed three (3) days of written notice, but such compliance cannot be accomplished with the allowed time frame, Lessor shall not interfere with Lessee's good faith efforts. If compliance has not been accomplished within fifteen (15) days, Lessor may, but shall not be obligated to, take whatever action is necessary. Lessee shall reimburse Lessor for all costs (including, but not limited to, consulting, engineering, clean up, containment, disposal, and legal costs) incurred by Lessor as a result of Lessee's failure to comply with the foregoing obligations assumed by Lessee, and also such costs as may be incurred by Lessor in abating or protecting against Harmful Conditions and/or a violation of Standards. Lessee shall indemnify, defend and hold Lessor, its employees and agents, harmless from and against any claim or lawsuit, local, state or federal enforcement action, or civil or criminal claims, which arise from or relate to any actual or alleged Harmful Conditions, actual or alleged violation of Standards, or actual or alleged injuries to or death of any persons and loss of or damages to property, including without limitation, employees and property of Lessor and Lessee, which arise during Lessee's presence on, or negligent use of, Premises. Lessee expressly agrees that the indemnification, and hold harmless obligations assumed by Lessee with regard to abatement of Harmful Conditions and violations of Standards in this Article, shall survive expiration or termination of this Lease. 20. Obstruction. Except as permitted by this Lease, Lessee shall not place, install, maintain, or allow any combustible materials, buildings, structures, or other improvements upon the Licensed Premises and shall not cause or allow the surface elevation therein to be changed in any way whatsoever, without Lessor prior written approval. IN WITNESS WHEREOF, this Lease is executed by the Community. Development Commission of the City of National City, pursuant to resolution authorizing the Chairman to execute the same for and on behalf of said CDC, and Mossy Nissan, Inc., has caused this instrument to be executed by its proper representatives thereon to duly authorized. Community Development Commission Mossy Nissan, Incorporated Of the City of National City By: By: Nick Inzunza, Chairman Philip E. Mossy, President APPROVED AS TO FORM: By: John Epps, Secretary By: George Eiser, III, CDC Attorney Page 5 of 5 EXHIBIT "A" 276 SBE' MAP 804_37-2e4 P LOCATION 1- 45-7334 lil4t I1.3 pl.T7r3tTT.ES II l l ll13311 111 i 3I l I1 II I I I I I I 11111111l� 3l 41 SCALE IN 1110 OF AN INCH ® A, PAR. 74 SBE MAP 804-37_2643 © .A�V4P r' Srf.�Yy�T Y ryla y.M J 'b} PaV 8.0' 75. 485.6. i'0J.T `24 Sls t$ 4.47 AC 3 sr,�4 • (l, 760-044-07 POR,l6 ti 14 33.0.0-PAR.3 SBE. NAP 804-37-26U MIN. P7S. ONLY 2 • SI.O.O- PAR. 64 SBE. MAP 804-37-26AG MIN. RTS. ONLY 3. PAR. 73 5SE. MAP BOA -37-25AJ SHT 1 A. 5 06857'54 W R. N 153702'06. W C. N 05.42'00' E 0. 94345.82 E. 5 64•02' 06• E E S 25'57'54'E 0. R.618.90 FL SIf53'54'W J. R4970.35 .SSESSDRS Y44 600•SS9.40E O4 Y4P8E0 F08 *S5E65ME'R•7.403Es 04L5 05.1.0.0 s 4.374C. 5.1.0.02 -P0A. PAR. 3 MIe. MAP P55. ONLY37-28P iy 4 e yVPO 6 58 72 E. MAP 804-37- J 0 co PAR 1 7A° y _3d 2!a P 447• sY }4 N7 112.73 25.10 123.62 44.85 44.64 65.22 151.92 90.63 63.55 4 P 'l 4886 y sB %/ n 4.4, a�!$5 ^ft K��I� [ NINEif®iu,1"""„' mm C1 w, N _+tw (3f g, ^iner 11111111111111 A �AK4 jv,I. j��...■..■IEN K T Y'�Y!.Pm 1 `1 ionnu u u"u"u, 11111111111111111111 27s APq 4 g. y , 0• L S.I.D. 2❑ -POR. SSE. MAP 804-37-252 MIN. R15. ONLY SAGO '"Y 27 2.27 AC. P t3P P 1 S. 4 bo y 1 559-04 1"= 200' AA N .7831'4CW 35 88 N 'M L1'42'O9147.75 CC NV 17'o,4s'9L.85 OD NN'3)'4b'v 73.44 23BP sr- S. - A_`g 5. F. � -'"v 3 1r°'a: ..° Gp®. O s.i-es R. 4.24 AC y A .,, Z. ` 36 I 3 ' ,6. .. *?$ (D0.8 Obl3 37 4.754C 5.1.0.0 PAR. 0 3.00AC 1.71 AC. POR.PAR.4 SSE. NAP 804-37-26P MN. ArS ONLY 334 0540.0 ti 2,04AC A s2.0.02 -PAR.4 y^^SSE. NAP BOA-37-25w M.N. RTS, ONLY 5.1.0. 20-PAR.43 SBE. MAP 804-37-264A MIN. PTS. ONLY 37 SBE. 3!9 4AP 604-J7_26Y ank SHT. 2 A.T. S.F. RR. MAP 348 - 'JATIC'J4L CITY RE -FILED - TE1NIN.L GRCI"IDS "'I 195,219 ROS 10499 3B}_yc 4.3 4 3� 1.92 20 SI.3.0 290 AVE itAV 3.124C 3.12 AC vi4> PAP.44 Y SBE. MAP 504-37-26A,A 83 M.N. RTS. ONLY 2.23AC S.I.D. 804- 36 7 SBE. MAP48 3104-37-25Y MIN. P7S. ONLY h 34 7. ,2 a2eAc }oo AVE 3tP ,O S3.O.Q 2.06 AC p0 St.0.C21-vAR 5 h SBE. MAP 004-37-25W MIN. SYS. ONLY 2-34. MO 2 111+q r ? 2000 5 <v h • 40 r EXHIBIT "B" iFOR -CO EXCEPTING THEREF 17i.4.0111.01W-100$ SURFACE 0F SAID LAND., OR. ANY PART IOC ftWOOttkl . •kzLRI1t*tr' 1;..„a ANTA9.14gyE „r:;c:HEREY RES.ERVES THE RIGHT TO. • •••••.—: . :600, Rent. LEASE ANT By and betweari the and FRANK MOTORS, INC This Lease, made and entered into this 25" day of February 2006 by and between the Community Development Commission of the City of National City ("CDC"), hereinafter designated as "T rcern," and Frank Motors, hereinafter designated as "Lessee." RECITALS A. Lessee is desirous of leasing from Lessor, and Lessor is desirous of leasing to Lessee, certain real property identified as the western portion of the lot located at 720 West 23'd Street in National City, California ("Vehicle Storage") to facilitate vehicle storage for automobile dealers on the Mile of Cars in National City, California. "Vehicle Storage" is more fully deseribed as Lessee's exclusive use of a 30,000 square feet area on Exhibit "A" as Vehicle Storage. B. The use of said property for the purposes aforementioned will promote the general welfare of all inhabitants in the City of National City. NOW, THEREFORE, the parties hereto agree as follows: 1. LEGAL STATUS OF OPERATOR: Operator warrants that it is a legal corporation, incorporated under the laws of the State of California. 2. Leased Piccnises. Lessor does hereby lease, demise and let to Lessee the real property situated in the City of National City, County of San Diego, State of California, cotnnxlnly described as western portion of the lot located at 720 West 23"c Street, otherwise known as the former Ace Metals site and whose legal description is attached hereto as Exhibit "B." 3. Term. The term of this lease shall be a month -to -month lease, but no longer than six (6) months, beginning on the date first above written. Lessee acknowledges that the use of the site is temporary and agrees to diligently seek an alternative method of vehicle storage. essee to initial here 4. Lessee shall pay as rent for the leased premises ten ($.10) cents per square foot for approximately 30,000 square feet of space, or Three Thousand and 00/100 Dollars ($3,000.00) per month for the term of this lease, payable on the 1" of each month commencing on the date of signing by the I.,cssor. Page 1 of 5 5. Use. The above -described premises are leased to Lessee by Lessor for the purpose of providing vehicle storage. 6. Assioment, This Lease shall not be as sd, blgtetheettfal, lid, o tritiVaVed without the consent in writing of the CDC, evidenced by a resolutimi bettor duty meted fir said purpose. 7. hporovements. Lessee shall maintain all improvements in conform with the laws of the State of California and the ordinances of the City of National City, in conn,r.etiicb therewith and in the operation and maintenance thereof. 8. Repair. Lessor shall not be liable for the repair or upkeep and/or t i *mice of any irriprovements located or to be located on the leased premises. Lessee shall amble 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. Lessor shall cause the landscaped areas to be cared for, trimmed, mowed, and weeded as necessary to maintain an attractive property. 9. Hold Harmless. Lessee hereby agrees to indemnify, defend, and hold hannless the Col al Development Commission of the City of National City, the City of National City and their officers and employees 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 or any sub- lessee. 10. Insurance. Lessee shall take out and maintain, throughout the period of this Lease, comprehensive general liability insurance with minimum limits of One Million Dollars (S1,000,000.00) combined single limit per occurrence, covering all bodily injury and property damage arising out of this 1 ct-. This policy shall name Lessor the Community Development Commission. of the City ofNational City, the City of National City, and their officers, agents, and employees as additional insured, and shall constitute primary insurance as to Lessor, its officers, agents and employees, so that any other policies held by Lessor shall not contribute to any loss under said insurance. Said policy shall provide for thirty (30) days' prior written notice to Lessor of cancellation or material change. Prior to commencement of this Lease, Lessee shall furnish Lessor a certificate of insurance and with original endorsements affecting coverage required by this clause. The certificate and endorsements for the insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate and endorsements are to be received and approved by Lessor before this Agreement is signed. Lessee shall keep the improvements located on the leased premises insured against loss or damage by fire in the amounts not less than eighty-five percent (85%) replacement value. If the required insurance coverage is provided on a "claims made" rather than "occurrence" form, Lessee shall maintain such insurance coverage for three (3) years after expiration of the term (and any extensions) of this Lease. If Lessee does nut keep an insurance policy in full force and effect at all times during the term of this Lease, Lessor may elect to treat the failure to maintain the requisite insurance as a preach of the contract and terminate this Lease forthwith. Page 2 of 11. inspection. Lessor, by and through its proAer officers, reserve and shall always have the right, upon reasonable notice and at a reasonable time, to enter the leased minims false pOrpOse of viewing and ascertaining the conditions of the same and the operation and mainte'e t}ea£ 12. Termination. This Lease may be terminated by either party (without =S) upon thiry. (34) days written notice. 13. Non -Discrimination. Lessee agrees that the Shall be no discrimination agai t er seer tion of any person or group of persons, because of race, color, creed, national orient, sex; seinal orientation; ancestry, marital status, physical handicap, or medical condition, in the leasing,subleasing, transferring, use, occupancy, tenure, or enjoyment of the leased premises, nor shall Lessee, or any claim under or throughit, 1 81'i or t anysuch persong penult piactlit cir practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, lessees, subleases, subtenants, or vendees in the leased premises. 14. Waiver. The failure or omission of Lessor to terminate this Lease for any violations of any of its terns, conditions, or covenants shall in no way be deemed to be a consent by Lessor to such violation and shall in no way bar, stop or prevent Lessor from terminating this Lease thereafter, either for such or for any subsequent violation of any such term, condition or covenant. 15. Signs. Leese agrees that no sign, advertisement, or notices shall be inscribed, painted or affixed on or to any part or portion of the outside of the leased premises except to be of such type and color, size and style, and in such place as may be approved by the CDC. Lessee also agrees to pay for and obtain all required regulatory approves (permit) for any signage deemed necessary for the property. 16. Taxes. Lessee recognizes and understands that this Lease may create a possessory interest subject to property taxation and that Lessee may be subject to the payment of property taxes levied on such interest. Lessee further agrees to pay all property taxes, if any, assessed during the term of this Lease pursuant to Sections 107 and 107.1 of the Revenue and Taxation Code against Lessee's possessory interest in the leased premises. 17. Waiver of Relocation Assistance. In consideration for the execution of this lease by Lessor, Lessee hereby waives any claim for relocation assistance benefits to which it may otherwise be entitled under federal, state, or local law or regulations, upon vacation of the premises. 18. Termination by Lessor. Notwithstanding any other provision of this lease to the contrary, Lessor may terminate the Parking Premises lease upon thirty (30) days written notice to Lessee in the event Lessor determines the leased parking premises are uniquely suited for public, municipal or redevelopment purposes. In the event of such a termination Lessor agrees to work with Lessee to seekreasonable alternative parking arrangements for the Project, and Lessee shall limit all of its claims for damages against Lessor to require Lessor's good faith assistance in relocating the parking for the Project. The burden of securing adequate parking for the Project, in any case, is on Lessee. 19. Environmental Compliance. Lessee shall not engage in, nor shall it permit any third party to engage in, activities upon the Premises, or any portion thereof, for the purpose of or anyway involving the handling, manufacturing, treatment, storage, use, transportation, spillage, leakage, dumping, discharge or• disposal (whether legal or illegal, accidental or intentional) or any hazardous or toxic substances, materials or wastes, or any wastes regulated under any local, state or federal law. Page 3of5 Lessee shall be, and remain for the term of this License, in JAll compliance with all applicable laws governing the use and occupancy of the Wises ineluding; without limitation, the hendling, manufacturing, treatment ;storage, disposal, di , e�:i�rge use, sled fransptictn of hardens or toxic substances, materials or wastes, and any wadesra id under y locai, state er fedend law (hereinafter collectively referred to as "81an arch n, has been advised that this site has been impacted with an environmental eond%ti€, ,and" ls" at th i site are therefore considered regulated materials, which cannot be excavated Or ut appropriate oft and adherence to state and federal environmental laws. LOsagehas been advised that additional information about the nature of the environmental" impacts at this site is available through a review of material m the possession of Environmental Business Sbi ttipns, which company has acted as Lessor's environmental consultant for these A 'ses, and that no digging or excavation at the site will be authorized without appropriate environmental over* t. Lessee shall not create nor permit to be created nor pen* to exist upon the Premises any non- compliance with Standards or any condition which could -be alleged to create a nuisance, public, private or mixed, or to otherwise present a threat to health or property by any unhealthful, hazardous or dangerous condition (herein collectively referred to as "Harmful Conditions"). Leassee shall contain any Harmful Condition to prevent it from deteriorating. Lease shall notify Lessor immediately of any Harmful Condition or non-compliance with any Standard and Lessee shall notify all responsible local, state, or federal agencies as required by local, state or federal regulations. In the event Lessee fails to be in full compliance with the obligations assumed by Lessee herein and Lessee does not correct such non-compliance within three (3)days of written notice of such failure given by Lessor, Lessor may, but shall not be obligated to, take whatever action is necessary to bring the Premises into compliance. If however, Lessee has begun compliance within the allowed three (3) days of written notice, but such compliance cannot be accomplished with the allowed time frame, Lessor shall not interfere with Lessee's good faith efforts. If compliance has not been accomplished within fifteen (15) days, Lessor may, but shall not be obligated to, take whatever action is necessary. Lessee shall reimburse Lessor for all costs (including, but not limited to, consulting, engineering, clean up, containmene disposal, and legal costs) incurred by Lessor as a result of Lessee's failure to comply with the foregoing obligations assumed by Lessee, and also such costs as may be incurred by Lessor in abating or protecting against Harmful Conditions andtor a violation of Standards. Lessee shall indemnify, defend, and hold Lessor, its employees and agents, harmless from and against any claim or lawsuit, local, state or federal enforcement action, or civil or criminal claims, which arise from or relate to any actual or alleged Harmful Conditions, actual or alleged violation of Standards, or actual or alleged injuries to or death of any persons and loss of or damages to property, including without limitation, employees and property of Lessor and Lessee, which arise during Lessee's presence on, or negligent use of, Premises. Lessee expressly agrees that the indemnification, and hold harmless obligations assumed by Lessee with regard to abatement of Harmful Conditions and violations of Standards in this Article, shall survive expiration or termination of this Lease. 20. Obstruction. Except as permitted by this Lease, Lessee shall not place, install, maintain, or allow any combustible materials, buildings, structures, or other improvements upon the Licensed Premises and shall not cause or allow the surface elevation therein to be changed in any way whatsoever, without Lessor prior written approval. Page 4 of 5 IN WITNESS WHEREOF, this Lease is executed by the Community Development Commission of the City . of National City, pursuant to resolution authorizing the Chaim to execute the she font and on behalf of said CDC, and Frank Toyota, Inc., has caused this instrument to be executed by its per representatives thereon to duly authorized. Community Development Cotomiss10n Of the City of National City BY: APPROVED AS TO FORM: By: J l :fin George iser, III, CDC Attorney Page 5 of 5 Oa m 23RD 4 r it; 14 114 �• n r A 4. m C 3 WSW" Oi A 1 a MARINA • (244TH ST) ST $ ST D I A DR o LEGAL CE ION Lots 1 through 10, inclusive, Lots 13 thro 22, inclusive and all of 1 City, in City of National City, County of Vigor State of CAWOrlda. 348, filed in the office of the county recorder of San Diego County, Oetotor 2, EXCEPTING from said Lots 13 fhr-ough 22 inclusive, the northeasterly ALSO EXCEPTING THEREFROM that portion thereof hying below vertically, from the contour of the surface of said property, Without howev whatsoever, to enter upon, into or through the sure of said property or any p said surface and 500.00 feet below said surface. lock 233 of Nationat pt1 feet, measured it, for any purpose thereof lying between CITY OF NATIONAL CITY BUILDING AND SAFETY DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: CDC EVENT: Vehicle Storage at the National City Train Depot DATE OF EVENT: April 4, 2006 to February 1, 2007 TIME OF EVENT: 24 hours/day APPROVALS: PLANNING YES [ x ] NO [ ] SEE CONDITIONS [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: POLICE 336-4400 Police Department recommends that the applicant hire a private security firm to provide rovering patrol and security checks for vehicle storage lot. Additionally, security firm must provide emergency contact information and a security plan to the police department. FIRE (619) 336-4550 1. Fire Access must be maintained to the building and all fire equipment protection equipment (fire hydrant, fire dept. connection, valves & equipment) at all times. 2. Vehicles are not to be parked/stored within 25 feet of structure. COMMUNITY SERVICES (619) 336-4290 This permit should be approved as long as it is consistent with the terms of the lease. The current operator of the property is aware that the southern half of the property is excluded from their agreement. CITY ATTORNEY 1. Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the CDC and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. City of National City, California COUNCIL AGENDA STATEMENT .MEETING DATE April 4, . 2006 :SECOND READING 10 AGENDA ITEM NO. /ITEM TITLE Ordinance approving Amendments to Section 13.08.20, which amend the existing subdivision installation requirements related to utilities. PREPARED BY Adam Landa DEPARTMENT Engineering EXPLANATION Ext. 4394 In conjunction with the Engineering and Planning Departments, the City Attorney's office is proposing the attached amendments to the existing Subdivision Requirements Section 13.08.020 for the purpose of clarifying requirements associated with the undergrounding of utilities. This amendment does not affect the practice that has been followed when implementing the code, but clarifies what has become seen as an ambiguity with the recent wave of condo -conversion projects. Environmental Review X N/A Financial Statement N/A Account No. STAFF RECOMMENDATION Adopt the Ordinance. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Ordinance Resolution No. ordinance A-200 (9/80) ORDINANCE NO. 2006 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING SECTION 13.08.20 OF THE NATIONAL CITY MUNICIPAL CODE TO CLARIFY SUBDIVISION REQUIREMENTS ASSOCIATED WITH THE UNDERGROUNDING OF UTILITIES BE IT ORDAINED by the City Council of the City of National City that Section 13.08.20 of the National City Municipal Code is amended to read as follows: 13.08.020 Subdivision --Installation. In conjunction with the approval of all subdivisions, the following shall be required: A. Underground Utilities. All existing or proposed electrical, telephone or similar distribution utility facilities shall be placed underground. Transformers, terminal boxes, meter cabinets, pedestals, concealed ducts and other facilities necessarily pertinent to such underground utilities or any required street lighting system may be placed above ground. All water distribution and sewer collection facilities shall be installed in conformance with the specifications of the City. B. Ornamental Street Lighting. Ornamental street lighting may be required in all locations and design as approved by the city council, upon recommendation of the planning commission. All such lighting on streets to be offered for dedication shall be electric. C. Fire Alarm Boxes. Provisions shall be made with the City for the installation of fire alarm boxes and wiring for same, in accordance with the fire alarm system of the City. D. Responsibility. The subdivider shall be responsible for complying with the requirements of this Section and shall make all the necessary arrangements with each of the serving utility companies and the City for the installation of all required facilities. PASSED and ADOPTED this day of , 2006. Nick lnzunza, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla George H. Eiser, III City Clerk City Attorney 13.08.020 Subdivision —Installation -Requirements. In conjunction with the approval of all subdivisions, the following facilitiesshall be required: A. Underground Utilities. All existing or proposed electrical, telephone or similar distribution utility facilities shall be placed underground. Transformers, terminal boxes, meter cabinets, pedestals, concealed ducts and other facilities necessarily pertinent to such underground utilities or any required street lighting system may be placed above ground. All water distribution and sewer collection facilities shall be installed in conformance with the specifications of the city. B. Ornamental Street Lighting. Ornamental street lighting may be required in all locations and design as approved by the city council, upon recommendation of the planning commission. All such lighting on streets to be offered for dedication shall be electric. antenna. D. Fire Alarm Boxes. Provisions shall be made with the city for the installation of fire alarm boxes and wiring for same, in accordance with the fire alarm system of the city. E. Responsibility. The subdivider shall be responsible for complying with the requirements of this section and shall make all the necessary arrangements with each of.the serving utility companies and the city for the installation of all required facilities. 3peroved- 1181 § 3, 1967) (Ord. >STAFF RECOMMENDATION Staff recommends that the award be made to Empire Steel Buildings, and that authority be given to Purchasing Agent to issue the resulting purchase order. AEETING DATE April 4, 2006 City of National City, California COUNCIL AGENDA STATEMENT 11 AGENDA ITEM NO. ITEM TITLE Resolution authorizing the City Council to award the purchase of a steel building for the Christmas in July warehouse to Empire Steel Buildings using $100,000 in State Grant funds. PREPARED BY Kathleen Trees DEPARTMENT Building & Safety )EXPLANATION See attached. EX+213 2 ( Environmental Review X N/A (Financial Statement MIS Approval Approved By: Financrector $100,000 in funds are available through the State Code Enforcement Grant Program. Account #: Account No-569-0000 BOARD / COMMISSION RECOMMENDATION ATTACHMENTS ( Listed Below ) Explanation Quotes Resolution Resolution No. A-200 (Rev. 7/03) Explanation: In June 2003 the City was awarded a grant to purchase capital equipment for code enforcement activities. One of the requests for funds that the Building and Safety Department made was for $100,000 for the purchase a steel building for a warehouse that will then be available for lease to Christmas in July. The Building and Safety Department began researching various companies to determine the specifications necessary and in the process received bids from 3 different companies. Below is a list of the companies contacted and the quotes received, however, the 2 companies with the lower bids did not have many of the options that are required such as stucco siding. The stucco siding is required by the Planning Department. In addition, they are missing quotes on the doors, which must be purchased separately and they are designed using smaller wind loads making the building more vulnerable during storms. In addition, Empire Steel Buildings is a local company with good references and will be available for technical advise which will be critical since the building will be erected with volunteer labor. Company Bid Empire Steel Buildings $66 110 Steelwise $62,090 Simpson Steel $56,554 It is important to place the order with Empire Steel Buildings as soon as possible. The grant funds will have to be returned to the State if the money is not used by September 31, 2006. This time period includes purchasing the building, delivery time, installation and finishing the interior. roof.re 658-362-0470 To: Sakido: 5230 CARROLL CANYON RD #300 E'.ANDIEGO, CA. 92121 WWW. MPIREBUILT.COM 800.' 05. 443 FAX 858-362-0469 TR.NSMITTALSHEET From: Brian Horton (760)-685-3380 CELL COMPA\`:: CITY OF NATIONAL CITY FAX: 6 Pi-S.m-421' PHON1 \ : MB$R : 61`-336-d317 RE: PR:' QUOTE Salvidnr: 1 DATE: 1/26/06 TOTAL NO. OF PAGES: Attached the b dine, spec Ail Prices Turlude Chipping All prices arc good for 14 Days disjussed. 4r Call me ;:) i ,..ilize design. I will e to fax a one -page purchase order for your authoriz,,:;, Deposit is 30%. c received, within approximately 2-3 weeks you will receive .: .,,.1:. , r bolt setting; plan4 co reactions, and 3 sets of stamped certified engineer;,1',lue prints. B.Iildiq de ery based on your schedule but not sooner than six weeks. Thank you G 0. your bush. ss, Brian We 9arante,. the t pricebn any AISC CERTIFIED building, 1 t I • ;YE JM TY, 10 X DT 20 ND SNOW 0 PSF JD IS IC 4 '1E Y SPACING 5 C7,22' Cal 02 D : Y SPACING 23 20',23'I )O'S s N NI.W iNISSW ED OPENINGS AR ET -\R"ET AI . COAT Y GHTS •,AV: TRIM AS OPTION T R T R LENGTH LIVE LOAD COLLATERAL ROOF $LGPE ROOF PAFEEL B58-362-0470 EEL .BUILDINGS # 300 San Diego, CA, 92121 905-3443 Fax 858-362-0470 4ASE ORDER Invoice No. 19047- DELIVERY ADDRESS SHIP TO; CUSTOMER TO PROVIDE JOBSITE DIRECTIONS ATTENTION John Kirk ADDRESS 2101 Hoover Avenue CITY, STATE, ZIP National City, CA 91950 COUNTY San Diego APPROXIMATE DELIVERY TBD 'Elf t) NG SPECIFICATIONS OAD 110' 20 PSF 1:12 26G Galv. PBR 3070M Ter.: r to_slovith full cover trim 2 12'x12' C. rater 1 Roll -up Door 5 12" x 10 r'.co 10 20"-Roun:::_;al ume, with Birdscreen, Damper, and (15) operators- no handles 6 6030, Brc :,:e rile, Insulated Bronze Glass 6 4030, Brrn;:r fre, Insulated Bronze Glass 2 12'x i 2' will- lull racer trim, located to customer specs 2 110' Loan . ram k ini.shed Floor to 28' A.F.F.. on Both Sidewall 2 70' Lona. t...: 'shed Floor to 28' A.F.F., on Both Endwalis 1 3' 6" Hei,,,i., frcfl finished floor, Full Perimeter 15 INCL INCL (J Roo 1 Wall Coo •:• rci Gutters & Downspouts Bas - 9i X Formed Base Trim dQ I S '30% deposit required prior to production of Wilding' 'roe uction Order: Produce and Ship ASAP II rices Include Freight ea e . ark )Ur mlr .alit eq g b Ub Uy:45a NY Empire EMPIRE 5230 Carroll Ca, Iyo Toll Free Pilo PU MAILING ADDRESS John Kirk Christmas in July SS 2101 Hoover Avenue TATE, ZIP National City, CA 91950 619-477-5532 619-336-2736 66' 3 sets of engineered stamped plans included carefully check and verifythis purchase order for- conaleteness and accuracy. Buyer is responsible to verify local building lodes and codes, ces, specifications, terms, and conditions as ;'ad olihe face of this contract are hereby authorizing Empire Steel Buildings, Inc. To do the pecitied Deposit is non-refundable. Balance or ;;ayrr nt will be C.O.D by cashier's check. Any applicable sales or use tax required by tate will be added prior to delivery. Price s sub,: i:I to Lange if building delivery is delayed by customer. This purchase order is a binding ct. Any disputes between or among the parties heretcshall be decided by arbitration held in accordance with Article iii, Title 9 of the nia Code of Civil Procedure, commencing with _ ,ctiot-1280 The arbitrator shall apply the laws of the state of California, including principals ity. The prevailing party shall be entitled to recr.. rr resonable attorneys fees and costs as awarded by the arbitrator. This agreement shall erned under the laws of the slate of California withotregard to conflicts of law, and jurisdiction shall lie in San Diego County, California. C.:' - OPOSE TO FURNISH MATERIALS COMPLETE .CiRDANCE WITH THE ABOVE SPECIFICATIONS FOR THE SUM OF: HEIGHT WIND LOAD EXPOSURE FRAME TYPE WALL PANEL TRIM COLOR 24' 6" 80 MPH C. Gable Symetrical 26G Dura 20 PBR uous, Galvalume. with Birdscreen, Damper, and (5) Operators Con(naci accop(ed by purchase Purchaser _en -2cccj)ted and enferec Empire Steel Buildings, Inc. (rl: BUILDING DOORS INSULALION TOTAL CONTRACT PRICE ENGINEERING DEPOSIT BALANCE AT DELIVERY Applicable taxes will be added to CQ.D 364,660.24 $1,376.00 $0.00 $66,036 24 $20, 000.00 346,036.24 mount. '66 06 03:45a YER MPANY. DRESS TY, STATE, ZIP ONE Empire 858-362-0470 EMPI TEEL BUILDINGS 5230 Cap roll C:any d # 300 San Diego, CA. 92121 Toll Fro(' Ph0 800-905-3443 Fax 858-362-0470 PU ASE ORDER :::1ILINI$ ADDRESS John K., k July 21011 .. ;... r Avenue Nation,:. •y, C 91953 619.47;' .32 619-3 '36 DTH 70' OUND SNOW 0 PSF ODE .EISMIC Gal01 4 DE BAY SPACING iiND BAY SPACING 15'.2:. ORS ODORS E'EN WALL NTS INDOW NDOW AMED OPENINGS RAPET RAPET lAINS COAT PLIGHTS VE TRIM ASE OPTION THER HER r:: L Invoice No. 19047- DELIVERY ADDRESS SHIP TO: CUSTOMER TO PROVIDE JOBSITE DIRECTIONS ATTENTION 'John Kirk ADDRESS 2101 Hoover Avenue CITY, STATE, ZIP National City, CA 91950 COUNTY San Diego APPROXIMATE DELIVERY TBD y,V aZ,; ;PU JDiNG SPECIFICATIONS LENGTH LIVE LOAD CCLLAFF Alt LOAD RCOF SC%PEy RC OF 110' 20 PSF .75:12 26G Galy. PBR 3070M lever :- k with full cover trim 12'x12' ial otl-up Door HEIGHT 23' Low 24' 4" High WIND LOAD 80 MPH EXPOSURE C FRAME TYPE Single Slope WALL PANEL 26G Dura 20 PBR TRIM COLOR Back Sider:, I Q' 27' 4" Height, Open to Remain Open, Laterally Unbraced 20"-Found_ -alume, with Birdscreen, Damper, and (15) operators- no handles 603C, Brun.: came, Insulated Bronze Glass 4030. Bronze :.:metInsulated Bronze Glass 12'x1 2' wi;i:.. .:av r trim, located to customer specs 110' Longf, c. Finished Floor to 28' A.F.F., on Front Sidewall 70' Long he :-finished Floor to 28' A.F.F., on Both Endwalls 3' 6" :Helyi: urrAlnished floor, Full Perimeter X [X1 [tool Commie, E;asie :g ial fie X Wall Gutters & Downspouts Formed Base Trim 'JTES: '30% deposit ref . ,d prior to production dr bu4lding' reduction Order Pici:.._,ce and Ship ASAP 41 Prices Include Frei,:, ase carefully check and veer this purchase order for comp prices, specifications, tars and conditions is stated on t rk specified. Deposit is nc, .fundable. Solar ce of p_. ne lour state will he added prior r..:..livery. Price is suhi 'cI In ch 'itracl. Any disputes betwe,. : r among the pa lies nc,olo s lifornia Code of Civil "root r._.. commencing r ath s sit 1 equity. The prevailing part, '.:11 be entitled to race. sr-sas governed under the la.vs of state of California o„I , tit r PROPOSE TO FOP r. RIALS COMP I1 It, CO Contrsc!;,,s:ri.f ;.ypnr'chaser Purc.:,ar,ar i—entiar_l sod entered Empire Seel Huddi i;r. Inc. 3 sets of engineered stamped plans included teness and accuracy. Buyer is responsible to verify local building lodes and codes_ fie face of this contract are hereby authorizing Empire Steel Buildings, Inc. To do the t will be C.O.D by cashier's check. Any applicable sales or use tax required by nge if building delivery is delayed by customer. This purchase order is a binding all be decided by arbitration held in accordance with Article iii, Title 9 of the B0. The arbitrator shall apply the Taws of the state of California, including principals noble attorneys fees and costs as awarded by the arbitrator. This agreement shall and to conflicts of law, and jurisdiction shall lie in San Diego County, California. DANCE WITH THE ABOVE SPECIFICATIONS FOR THE SUM OF: BUILDING DOORS INSULATION TOTAL CONTRACT PRICE 359,773.74 $1,376,00 $0.00 $61,149,74 ENGINEERING DEPOSIT .S18,000.00 BALANCE AT DELIVERY $43,149.74 Applicable taxes MI he added to C.O.D. amount. n 6 06 08: 46a Empire 858-362-0470 E Steel Buildin=s 800.905.3443 Empire Steel Has l.5 Factories Across the Country to Serve You. Our Factory Network Affiliations Are: MBMRmBMA MET:.,L OU:I.O;NG t::. ,1CTURERS ASSCCIGIoN v p,Y I ON JViF Ijt ,I 'r, cone ' 7985 AISC AISI Metal Building Manufacturers Association The American Institute of Steel Construction was was originated by steel fabricators and is generally concerned with hot rolled shapes and plates. All Empire Steel Buildings are RISC certified. The American Iron and Steel Institute was originated by steel producers and is concerned with cold -formed steel structural members. LGSI Founding member of Light Gauge Structural Institute ICBO International Conference of Building Officials. Certified. CWB Canadian Welding Bureau. Certified ' 30 CARROLL CANYON ROAD n300 • SAN DIEGO, CA 92121 \'V''VEMPIRISl tfL[D;ILDINGS.COM +n • 6 06 09:4 Empire 958-362-0470 P-5 i Warsaw Deparrr:-:.nt of Public Works 794 W. Cer St. Warsaw, IN 45580 (574) 372-9541 Fax: (574) 372-9563 Dec :: 12, 2003 c: '. es of Empire Steel Buildings 1 Bmldin_s -oIl Caai'ou -toad *300 CA 92122 ! aoyer a 125' _ 40' steel building kit on Serteml 4, 2002. Thme were six doors and t.wc se air doors on each budding. Tim sales staff was very .,nal and ?•Tso. er:_td ar2 of my qua=ions no zmattc how big or small The ddiivew'y ..:.:sage was cr.:e- sal: :. the e e LLon cif the building to a local cora:meant. The building kit was labeled or or every pie.:e as indicated on the prints supplied by Empire. The building was less than rem ar lcs, r!ht- dr'_ Ove head doors were installed by a local door ask' the cone -actor if he would ever do this a ;n He s-arri he c:-tainiy for fire name and a•idr ss of the manufacture of the'buldmg kit, anye _Ow start buuyv., ;= bidding on n..eta1 building pro*ts that he may have in die =oamend this ei building ;sit to anyone hilt would ask me fora re'[ ce on thin cCr -;any. Sic 0f Put lie ✓ar a . IN 4658() -'cs Dept Are An CyU.^.l '9Qperfuni v J r3 �C"� rLfl „�a�YUU3 CO G City of National City Planning Department 1243 National City Blvd., National City, CA 91950 (619) 336-4310 ROGER G. POST - DIRECTOR December 20, 2005 Cecilia Kirk Christmas in July 2101 Hoover Avenue National City, CA 91950 Subject: Future development of 2101 Hoover Avenue The National City Planning Department has preliminarily reviewed the draft site plan and floor plan for the future development of 2101 Hoover Avenue with a Christmas in July warehouse/office. Comments provided by the Planning Department are based on review of the plans for compliance with City Land Use regulations and Design Guidelines. Additional comments may be given during the permitting process when more detailed plans are submitted for processing. The following Planning Department comments regarding the project should be incorporated into any permit application submitted for the proposed development. 1. Plans show seven parking spaces, all located inside the proposed building. Providing the parking inside the building should enhance the overall appearance of the site. However, the Land Use Code requires a minimum of 8 parking spaces for warehouse uses; plus one space for each service vehicle used in conjunction with the business is also required. Plans should either be modified to provide the required number of spaces or a Variance would be necessary. 2. The floor plans show two overhead doors, one on Hoover Avenue and one on 21 s` Street. The Land Use Code limits the number of overhead doors in a building on a corner lot to one, and require that the wall on which the door is located is setback a minimum of 20 feet from the property line. Plans would either need to be modified to comply with this requirement or a Variance would be necessary. 3. The seven parking spaces and the associated drive aisle appear to meet all of minimum required dimensions, with the exception of stall number 1, which is required to be 11 feet wide. Although the parking stalls and aisle meet the required dimensions it is somewhat difficult to discern this from the drawing. Stalls should be drawn 19 feet deep and the aisle should clearly be shown as 24 feet wide. Additionally to protect the building from vehicular damage, wheel stops are required to be installed 48 inches from the building wall for each of the ® Recycled Paper proposed parking stalls. Finally, appropriate signage and striping should be provided to ensure that the parking will remain functional throughout the life of the structure. 4. While required exterior building elevations have not yet been provided, you may find the following comments helpful as they cover some of the design regulations relevant to industrial development. The Land Use Code, section 18.18.240 requires minimum aesthetic treatment of the exterior of any proposed metal buildings. In addition to the Code requirements, City Design Guidelines, encourage that the entire building, especially the facades along the public streets and alley, be aesthetically enhanced (see attached Design Guidelines). Additionally, the proposed office area should be designed to resemble and attractive office (e.g. glass and aluminum storefront) distinct from the warehouse portion of the building. 5. All mechanical equipment and roof downspouts should be integrated into the building. 6. Trash enclosures of a size suitable for the type and size of proposed facility should be added to the plans. 7. If a Variance is ultimately submitted, the plans should be accompanied by a conceptual landscape plan that shows the planting scheme for the setback areas and parkways and identifies the proposed plants/shrubs/trees by both common and botanical name. Any submittal for construction drawings for the project will need to be accompanied by a full landscape plan and underground irrigation plan, again for both the setback areas and parkways. I look forward to assisting a benevolent organization such as Christmas in July with any relevant questions about development standards or the permitting process. Please do not hesitate to call me at (619) 336-4313 if you have any questions regarding the Preliminary Plan Review. Sincerely, Andrew Hoskinson Associate Planner Attachments: City Design Guidelines RESOLUTION NO. 2006 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING THE LOWEST, RESPONSIVE, RESPONSIBLE BID FOR THE PURCHASE OF A STEEL BUILDING FOR THE CHRISTMAS IN JULY WAREHOUSE FROM EMPIRE STEEL BUILDINGS, USING $100,000 IN STATE GRANT FUNDS WHEREAS, the Building and Safety Director received three bids for the purchase of a steel building for a warehouse that will then be available for lease to Christmas in July. NOW, THEREFORE, IT IS HEREBY RESOLVED that the City Council of the City of National City hereby awards the contract for the purchase of one steel building to the lowest responsive bidder, to wit: EMPIRE STEEL BUILDINGS • BE IT FURTHER RESOLVED that the City Council of the City of National City hereby authorizes the Purchasing Agent to execute on behalf of the City a purchase order between Eagle-1 Mfg. U.S.A. and the City of National City for the purchase of 22 solar alley lights, using $114,000 in state grant funds. PASSED and ADOPTED this 4th day of April, 2006. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III, City Attorney Nick lnzunza, Mayor City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE April 4, 2006 AGENDA ITEM NO. 12 (--- ITEM TITLE Review of Proposed 480 Square Foot Bedroom Addition for Substantial Conformance with the Requirements Established by the Planned Development Permit for a Second Residential Unit on a 10,500 Square Foot Property at 1937 Lanoitan Avenue (Applicant: Felipe Ruelas) PREPARED BY Andre oskinson 336-4310 DEPARTMENT Planning EXPLANATION City Council approved a Planned Development Permit (PD) for a second house on a 10,500 square foot lot in the Single -Family Residential Extendable -Planned Development (RS-3-PD) Zone in October of 2004. The applicant/property owner, Felipe Ruelas, subsequently pulled a building permit in conformance with the approved PD. He recently proposed changing the plans for the second house, by adding a fifth bedroom (480 square feet). The attached background report describes the site and the current proposal in detail. Environmental Review N/A Exempt Financial Statement N/A Approved By: Finance Director Account No. STAFF RECOMMENDATION Staff recommends that the City Council find that the proposal is not in substantial conformance with PD- 2003-3 and deny the plans. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. 1. Background Report 2. City Council Resolution No. 2004-196 3. Location Map 4. Applicant's Plans A-200 (9/99) BACKGROUND REPORT Site Characteristics: The project site is 1937 Lanoitan Avenue, a 10,500 square foot property on the east side of Lanoitan Avenue, approximately 50 feet north of 20th Street in the Single -Family Residential Extendable -Planned Development (RS-3-PD) Zone. The lot has 66 feet of frontage on Lanoitan Avenue and is about 159 feet deep; it slopes up moderately from the street to the rear of the property. There is an existing single -story, 2,000 square foot house on the front of the lot. The applicant/owner resides in the house with his family. The house has a stucco exterior and hip roof with asphalt shingles; it is in fair/good condition. There is no garage or carport, but two surface parking spaces are adjacent to the rear of the house; the spaces are accessed by a 12 foot wide driveway that runs along the south property line. The property is located in a predominantly single-family neighborhood, with several duplexes located south of the site. Most of the immediate area is either zoned RS-3-PD or Single -Family Residential (RS-2). History: In 2003 the applicant applied for a Planned Development Permit (PD-2003-3) to construct a new two-story 1,760 square foot house on the rear of his 10,500 square foot property. The new house would have a 12 foot deep rear yard area, and a 19 foot deep front yard area. Planning Commission considered the PD in May and June of 2004, ultimately voting to approve the proposal with an added requirement of a new two -car garage to serve the existing house. City Council appealed the decision of the Planning Commission, and opened the item up for additional public hearings. Council considered the proposal in August, September, and October of 2004 approving the project with a condition that both the existing house and the new house have two -car garages. The applicant subsequently pulled a building permit for the construction of the new house and two new garages in conformance with the approved PD. Proposal: At this time, the applicant has requested a plan change to allow a new 480 square foot second story bedroom addition to the new house; with the addition the new house would have a total of five bedrooms. As the Land Use Code requires an additional (third) parking space for a fifth bedroom, the applicant has also proposed to place a 10 foot wide surface parking space adjacent to the south side of the new house (see attached Applicant's Plans). Analysis: The current proposal is not in conformance with certain Land Use Code requirements and City Design Guidelines that Council relied upon for approval of the PD. Specifically, the proposed 480 square foot addition, which is an approximately 27 percent increase in floor area, would add considerable bulk to the new house. City Design Guidelines encourage the second story of a single-family house to be stepped back from the first floor to minimize the bulk of the house. The approved building plan for the new house, which is consistent with the approved PD, does meet the intent of the Design Guidelines, since the second floor does step back from the south wall of the first floor. The Land Use Code requires surface parking spaces, which are located adjacent to a building or fence, to have a minimum width of 11 feet. As such, the applicant's proposal for a 10 foot space adjacent the south property line will not meet Code requirements. Upon examining the plans, the only likely solution would be to provide the surface parking space in the 19-foot deep front yard area that separates the new house from the new garage for the existing house. This would significantly reduce the useable yard area available to the occupants of the rear house. With little functional yard area left, the project would not meet the intent of the RS-3 Zone, which is for single-family houses complete with useable yard areas. Additionally, the proposal would not be in conformance with the finding quoted below, which the Council made in approving the PD for the original proposal: "That the site for the proposed use is adequate in size and shape, since there is adequate area on the 10,500 square foot lot for a second house with sufficient yard area and required off-street parking." RESOLUTION NO. 2004 —196 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A PLANNED DEVELOPMENT PERMIT FOR A SECOND RESIDENTIAL UNIT ON A 10,500 SQUARE FOOT PROPERTY AT 1937 LANOITAN AVENUE APPLICANT: FELIPE RUELAS CASE FILE NO. PD-2003-3 WHEREAS, the City Council of the City of National City considered a Planned Development Permit for a second residential unit at a 10,500 square foot property at 1937 Lanoitan Avenue at a duly advertised public hearing held on August 17, 2004, and continued to the meetings of September 21, 2004, and October 5, 2004, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council considered the staff report contained in Case File No. PD-2003-3, maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the testimony and evidence presented to the City Council at the public hearing held on August 17, 2004, and continued to the meetings of September 21, 2004, and October 5, 2004, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since there is adequate area on the 10,500 square foot lot for a second house with sufficient yard area and required off-street parking. 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 proposed house will add only several Average Daily Trips to the local residential roads in the area, and since roads were intended to handle the type of traffic generated by the proposal. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the proposed house has been designed to be compatible with both the existing house on the property and nearby development, and since the new house is similar to existing development in the area. 3 Resolution No. 2004 —196 October 19, 2004 Page Two 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since the proposal will result in an increase in the housing stock in the City and region consistent with Housing Element objectives, which call for more housing development than has occurred in recent years. Also, the proposed development will be suitable for a larger family as encouraged by the General Plan. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: 1. This Planned Development Permit authorizes a second residential unit on the rear of a lot with an existing single-family house. 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. PD-2003-3, dated 3/29/2004. 2. A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc. shall be submitted for review and approval by the Planning Director. The landscape plan shall reflect the use of drought tolerant planting and water conserving irrigation devices. 3. The paved parking area in the front yard setback shall be removed prior to the issuance of a Certificate of Occupancy for the new house. 4. The columns of the wall under construction in the front yard shallbe modified to comply with the height limits in Title 18 of the National City Municipal Code. 5. The pitch of the roof on the new house shall match the pitch of the roof on the existing house on the property. 6. Two two -car garages shall be built; one shall serve the rear house and the other shall serve the existing house. 7. Plans must comply with the 2001 editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 energy and handicapped regulations. 8. The new house shall have a residential fire sprinkler system. Plans and for the system shall be submitted to the Fire Department for review and approval. 9. A minimum 1,000 gpm fire flow with a duration of two hours measured at 20 psi shall be provided. • Resolution No. 2004 —196 October 19, 2004 Page Three 10. 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 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 checklist for preparation of the grading and drainage plan is available at the Engineering Department. 11. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading/drainage 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. 12. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. 13. 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 and 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 adjustment. 14. The existing, recently constructed retaining wall shall be properly permitted or removed. 15. Television cable companies shall be notified a minimum of 48 hours prior to filling of cable trenches. 16. Exterior walls of buildings/ freestanding signs/ trash enclosures to a height of not less 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. 17. The property owner shall submit a letter to the Sweetwater Authority stating fire flow requirements. The owner shall enter into anagreement with the Authority for any water facility improvements required for the proposed project. 5 • • Resolution No. 2004 —196 October 19, 2004 Page Four 18. Before this Planned Development 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 Planned Development 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 Planned Development 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. 19. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.116.190 of the Municipal Code. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant. 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 19th day of October, 2004. Nic 1 _1 1lUr=yor ATTEST: Micel Dalla, it Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney • Passed and adopted by the Council of the City of National City, California, on October 19, 2004, by the following vote, to -wit: Ayes: Councilmembers Inzunza, Morrison, Natividad, Parra, Ungab. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: NICK INZUNZA Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2004-196 of the City of National City, California, passed and adopted by the Council of said City on October 19, 2004. Ity of National City, California Clerk of he Cit By: Deputy PROJECT LOCATION ZONE BOUNDARY LOCATION MAP Additional unit behind the house at 1937 Lanoitan Avenue PD-2003-3 NATIONAL CITY PLANNING DRN. DATE: 5/5/04 INITIAL HEARING: 5/17/04 �A!�G"r\N -1x Second house approved by PD-2003-3 Area of 480 square foot, second story addition Existing House II J FRONT ELEVAIION WEST Area of 480 square foo. second story addition MGM- ELEVATION! ,F..04M,: rdEETING DATE ITEM TITLE An Appeal to the City Council for handicap blue curb at 1720 Harding Avenue (B. Juarez TSC Item No. 2006-5). City of National City, California COUNCIL AGENDA STATEMENT April 4, 2006 PREPARED BY Adam Landa EXPLANATION 13 AGENDA ITEM NO. DEPARTMENT Engineering Ext. 4394 Councilman Luis Natividad has requested for Mrs. Bertha Juarez that an appeal be submitted to the City Council for their consideration of a handicap parking space at 1720 Harding Avenue. Mrs. Juarez has requested that a handicap blue curb be installed in front of her property on March 8, 2006. The Traffic Safety Committee has reviewed Mrs. Juarez request and has denied it based on the City Council adopted policy (see attached report). 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 two off-street parking spaces (see attached picture) on the property that could be converted to disable parking space. The Traffic Safety Committee denied the requested handicap space, at their meeting of March 8, 2006. / (Environmental Review Financial Statement N/A >STAFF RECOMMENDATION X N/A Account No. DN1G Staff recommends that the handicap par ng space not be approved, since it does not meet the City Council adopted policy. BOARD / COMMISSION RECOMMENDATION The Traffic Safety Committee at its meeting of March 8, 2006, denied the handicap parking space in front of 1720 Harding Avenue, since it does not meet the City Council adopted policy. ATTACHMENTS (Listed Below ) Resolution No. 1. Resolution 2. Staff Report to the Traffic Safety Committee 2006-5 A-200 (9/80) 1 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR MARCH 8, 2006 I ITEM NO. 16 5 I PREPARED BY: DISCUSSION: Ms. Bertha Juarez, the owner of 1720 Harding Avenue, has requested the installation of a handicap parking space in front of her residence. She is requesting the handicap parking because she is a disabled senior citizen. Ms. Juarez stated that she is not able to park in the back yard because she would be required to walk up an inclined surface and then go up some steps to get to the front door. Consequently, this would be very painful for her. 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. ITEM TITLE: REQUEST FOR THE INSTALLATION OF A BLUE CURB HANDICAP PARKING SPACE IN FRONT OF 1720 HARDING AVENUE (BY B. JUAREZ) Adam J. Landa, Engineering Department 2. The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence. This condition is met. 3. The residence must not have useable off-street parking available or an off- street space available that may be converted into disabled parking. Staff has investigated the site and found two (2) off-street parking spaces. This condition is not met. The Policy requires that all three (3) conditions be met. In this case, 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. Photo January 3, 2006 To the City of National City My name is Bertha Juarez. I live at 1720 Harding Ave Nation) City Ca. 91950. I am a disabled senior citizen in need of a handicap parking in the front of my house. We live in an residential/industrial area with a warehouse business across the street and a metal shop two houses down. There are not very many parking spaces available for the residents on my street. The business employees and their customers use all the available parking in the area. I have at many times returned home with no parking available and have had to park very far and walk home. That may be an easy task for you but for me a disabled senior citizen this is very painful. I have mentioned this to the city workers to which they have supplied myself and a few other senior citizens with orange cones. I'm sorry to say that the cones get stolen along with the parking, or are completely disregarded. It was also suggested to park in the back of my house I am not able to do this. It requires that 1 open my locked fence get back in my car and then walk up an incline then up the steps to get to my door. As a life long National City citizen resident I am asking for you to please place a perminent handicap parking in the front of my house. Inclosed is a copy of my hadicap plaque. Bertha Juarez 1720 Harding Ave National City Ca. 91950 (619) 477-5728 1 TYPE: N1 TV:92 DOB: 02/04/ 1932 ISSUED TO DEPARTMENT OF MOTOR VEHICLES PLACARD NUMBER: 832145D DISABLED PERSON PLACARD IDENTIFICATION CARD/RECEIPT EXPIRES: 06/30/2007 DATE ISSUED: 04/02/2005 This identification card or facsimile copy is to be carried by the placard owner. Present it to any peace officer upon demand. Immediately notify DMV by mail of any change of address. When parking, hang the placard from the rear view mirror, remove it from the mirror when driving. When your placard is properly displayed, you may park in or on: CO: 37 ' Disabled person parking spaces (blue zones) " Metered zones without paying. * Green zones without restrictions to time limits_ Streets where preferential parking privileges are given to residents and merchants. JUAREZ BERTHA PRADO 1720 HARDING AVE You may not park in or on: NATIONAL CITY CA 91950 Purchase of fuel (Business & Professions Code 13660): State law requires service stations to refuel a disabled persons vehicle at self-service rates, except self-service facilities with only one cashier. * Red, Yellow, White or Tow Away Zones. Crosshatch marked spaces next to disabled person parking spaces. It is considered misuse to: " Display a placard unless the disabled owner is being transported. Display a placard which has been cancelled or revoked. "-Loan your placard to anyone, including family members. Misuse is a misdemeanor (section 4461VC) and can result in cancellation or revocation of the placard, loss of parking privileges, and/or fines. 008 DPP000 Re, 01 ..MEETING DATE April 4, 2006 City of National City, California COUNCIL AGENDA STATEMENT AGENDA ITEM NO. 14 ITEM TITLE PREPARED BY EXPLANATION STAFF REPORT ON ORDINANCES REGULATING AND TERMINATING NONCONFORMING USES Claudia G. Silva DEPARTMENT City Attorney's Office Ext. 4222 Please see attached staff report Environmental Review Financial Statement N/A X N/A Account No. STAFF RECOMMENDATION Direct staff to begin process for amendment of Municipal Code. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Resolution No. Staff Report A-200 (9/80) City of National City Office of the City Attorney 1243 National City Boulevard., National City, CA 91950-4301 George H. Eiser, III • City Attorney (619) 336-4220 Fax: (619) 336-4327 TDD: (619) 336-1615 TO: Mayor and City Council DATE: April 4, 2006 FROM: Senior Assistant City Attorney VIA: City Attorney SUBJECT: Ordinances Regulating and Terminating Nonconforming Uses BACKGROUND The City Council has asked this Office to return with a report on a possible ordinance that would terminate nonconforming uses. This direction was given to us with the backdrop of the Westside Specific Plan currently underway. This area is characterized by residential and industrial uses operating side -by -side. With this in mind, we discuss possible options for your review and direction. Staff now seeks your direction based on the discussion below. DISCUSSION Generally, the City Of National City can adopt an ordinance that restricts and terminates nonconforming uses. A nonconforming use is one that became a prohibited use by the adoption of a new zoning restriction, but which was lawful prior to the effective date of the zoning restriction, and has since continued. Such situations arise most frequently when a zoning ordinance is adopted which restricts or prohibits a commercial or manufacturing use in certain areas where such uses were permitted prior to the adoption of the ordinance. A. The Current Code Provisions Allow for Nonconforming Uses Currently, the City Of National City Municipal Code addresses nonconforming uses in Chapter 18.108. Generally, the Code allows the continuation of a lawful nonconforming use as long as the use is maintained and occupied. When a use becomes nonconforming, the planning director issues a certificate of nonconforming use. A nonconforming use cannot be enlarged, extended, reconstructed or structurally altered, except under certain enumerated instances. For example, ordinary structural alterations or replacements of walls, fixtures or plumbing, that do not exceed twice the building's assessed value, are allowed. In addition, structures partially destroyed by fire, explosion or natural disaster can be rebuilt and resume the nonconforming use. ® Recycled Paper Ordinances/Nonconforming Uses April 4, 2006 Page 2 of 4 B. Termination of Nonconforming Uses While nonconforming uses can generally continue as long as they do not change or expand, there are certain instances in which a nonconforming use may be terminated. Specifically, a violation of the provisions contained in the "nonconforming use" chapter results in an immediate termination of the use. Also, discontinuance of the nonconforming use for a specified period of time terminates the right to that nonconforming use. Such terminations are subject to the abatement process contained in Chapter 18.108. Lastly, should a nonconforming use become a nuisance, hence an unlawful use, it is subject to the abatement process provided for nuisances contained in Chapter 1.36 of the Code. While the Code addresses the termination of nonconforming uses, such, termination is limited to those situations that arise from a violation of the code, discontinuance of the use, or determination of a nuisance. C. Termination of Nonconforming Uses Through Amortization While nonconforming uses can be terminated upon the occurrence of a code violation, discontinuance, or nuisance, there is not a current method of affirmatively terminating nonconforming uses. Thus, if the nonconforming use complies with the Code and does not become a nuisance, it can continue indefinitely. There are methods, however, of terminating nonconforming uses that do not fit within the current parameters. Amortization is an available method of terminating nonconforming uses. Termination of a nonconforming use through amortization allows the nonconforming use to continue for a period of time, after which the use is terminated without compensation. Zoning regulations may provide for the termination of a nonconforming use after a reasonable period of time passes which is commensurate with the investment made. Determining what is a reasonable time requires weighing the public gain from the removal of the use against the private loss caused by the removal of the use. Some of the relevant factors to consider may include the nature of the nonconforming use, the character of the structure, the length of time the use has existed, adaptability of the land and improvements to a currently permitted use, the total cost of the land and improvements, the location, the cost of moving, the length of time the user had notice of the nonconformity, the compatibility with the surrounding land uses, the percentage of total business involved concerned, the time periods, salvage, depreciation for income tax purposes and other purposes, and the advantage, if any, which accrues to those nonconforming uses due to the prohibition of new uses becoming established in the same area. The courts have sanctioned the amortization of nonconforming uses. The courts have recognized for over 50 years the "growing tendency to guard against the indefinite continuance of nonconforming uses by providing for their liquidation within a prescribed period." The City of Los Angeles v. Gage, 127 Cal. App. 2d 442 (1954), citing to County of San Diego v. McClurken, 37 Cal. 2d 683, 686. Accordingly, amortization is a recognized viable method for terminating nonconforming uses. Ordinances/Nonconforming Uses April 4, 2006 Page 3 of 4 While amortization is available, it is not without limitation. As described above, various factors are considered before a specific use is terminated within a specified period of time. Moreover, the creation of an amortization ordinance will not automatically eliminate all nonconforming uses. Generally, a nonconforming user is provided an opportunity to be heard regarding the length of time to be applied to the use before it terminates. Each case must be determined on its own facts. National Advertising Company v. County of Monterey, 1 Cal. 3d 875, 879 (1970). Depending on the various factors present and whether the structure itself is nonconforming, amortization periods can range from 1 year to over 20 years. D. Proposed Amortization Ordinance The City Of National City could enact an amortization ordinance to provide a method of generally terminating nonconforming uses. This ordinance could be applicable to the whole city or be limited to geographic areas. The ordinance could be written so that it is part of the Nonconforming Uses chapter of the Code, and would provide the ability to terminate all types of nonconforming uses. The ability to amortize a specific type of use could arise when a re -zone of an area occurs, thereby creating the nonconforming use. Concurrently with the re -zone adoption, a determination of a reasonable amortization period could be made as to that type of use. Any such determination would need to consider various factors, like those described below, and provide the nonconforming user(s) an opportunity to be heard as to the reasonableness of the amortization period. The minimum amortization period could be as minimal as one year for those instances in which the nonconforming user has not made a substantial investment in furtherance of the use, or if the investment can be substantially used or recovered through a use currently permitted. For example, if a certain type of use becomes nonconforming but it is easily relocated without any significant loss of investment, then it could be a situation that could allow for the minimal amortization period. The City Of National City has previously amortized one nonconforming business over a three-year period. If the nonconforming user has made a substantial investment in furtherance of the use, or if the investment cannot be substantially used or recovered through a use currently permitted, then a longer reasonable time for the nonconforming use to terminate could be recommended. The following factors could be considered in making a determination of the length of time which constitutes a reasonable amortization period: 1) total cost of land and improvements; 2) length of time the use has existed; 3) adaptability of the land and improvements to a currently permitted use; 4) cost of moving and reestablishing the use elsewhere; 5) whether the use is significantly nonconforming; compatibility with existing land use patterns in the neighborhood; 6) possible threat to heal, safety, and welfare; and 7) any other relevant factors. An ordinance similar to what is described herein has withstood legal challenge. Ordinances/Nonconforming Uses April 4, 2006 Page 4 of 4 RECOMMENDATION If the City Council wishes to proceed with an amortization ordinance based on the discussion above, the Council can direct staff to begin the process for amendment of e Mun'�sCode. CGS/cgs AUD • C TU Senior Ass t City Attorney City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE April 4, 2006 AGENDA ITEM NO. 15 ITEM TITLE RATIFICATIONS OF EXPENDITURES OF THE CDC: EXPENDITURES FO� THE PERIOD OF 03/08/06 THROUGH 03/21/06 OF $361,781 PREPARED BY 619-336-4251 \.._ EXPLANATION Jeanette Ladrido'1aPA See attached report. DEPARTMENT CDC— Finance Environmental Review ✓ N/A Financial Statement Total expenditures for the period of 03/08/06 THROUGH 03/21/06 amount to $361,781. Account No. N/A STAFF RECOMMENDATION RATIFY EXPENSES BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below) Resolution No. Ratification of Expenditures for the period 03/08/06 through 03/21/2006 A-200 (9/80) Pa ee CDC AT SYSTEMS WEST, INC. CHRISTENSENSCHWERD11-EGER CORPORATE EXPRESS INC DANKA EDAW, INC. ENVIRONMENTAL BUSINESS SOLUTION FEDERAL EXPRESS FHERRO CONSTRUCTION FIRST BANKCARD CENTER HARRIS & ASSOCIATES INTERNATIONAL COUNCIL OF SHOPPING CTRS MEXICAN AMERICAN BUSINESS & PROF. NASLAND ENGINEERING NEXUS IS, INC. NINYO & MOORE GEOTECHNICAL PURCHASE POWER SAN DIEGO COUNTY RECORDER SAN DIEGO NEIGHBORHOOD NEWS SWEETWATER AUTHORITY VERIZON WIRELESS ASPEN PUBLISHERS, INC. EMPLOYMENT DEVELOPMENT DEPT. SAN DIEGO GAS & ELECTRIC AT SYSTEMS WEST, INC. BEST BEST & KRIEGER CORNERSTONE BUILDING GROUP COUNTY OF SAN DIEGO DANKA DEL VALLE, XAVIER DEUTSCHE BANK TRUST & CO. ENVIRONMENTAL BUSINESS SOLUTION FEDEX KINKO'S GUEVARA, PHIPPARD & JAMES KEAGY REAL ESTATE KEYSER MARSTON ASSOCIATES, INC LINTVEDT, MC COLL & ASSOCIATES LIPMAN STEVENS & THENE, INC. NATIONAL CONSTRUCTION RENTALS NEXTEL COMMUNICATIONS OVERLAND PACIFIC & CUTLER, INC PETTY CASH - CDC POWER PLUS SAFDIE RABINES ARCHITECTS SAN DIEGO CLIPPING SERVICE SAN DIEGO GAS & ELECTRIC SWRCB ACCOUNTING OFFICE AGUIRRE, MARIA AGUIRRE, MARIA ROJAS, JOSE LUIS VALDES, EFREN VALDES,EFREN CDBG COMMUNITY YOUTH ATHLETICS CENTER SAN DIEGO NEIGHBORHOOD NEWS FOR MEETING OF APRIL 4, 2006 RATIFICATION OF EXPENDITURES FOR PERIOD: 03/08/06.03/21/06 Descri . tion ARMORED CAR SERVICES FOR 12/05 & 01/06 LEGAL SERVICES FOR PARK VILLA CDC OFFICE SUPPLIES CANON IR220 DIGITAL COPIER; 02/-05/20/06 PROFESSIONAL SERVICES FOR WESTSIDE SPEC PLAN ENVIRONMENTAL CONSULTING FOR VARIOUS PROJECTS FEDEX SERVICES FOR VARIOUS PROJECTS MAINTENANCE OF VARIOUS PROJECTS CDC VEHICLE REPAIR ENGINEERING SERVICES FOR HIGHLAND MEDIAN MEMBERSHIP RENEWAL THRU 04/30/07 ANNUAL MEMBERSHIP FEES FOR 2006 ENGINEERING SERVICES FOR NC BLVD CDC RELOCATION TO THE CITY HALL ENVIRONMENTAL CONSULTING FOR PARADISE POSTAGE METER REFILL. RECORDING FEES FOR RECONVEYANCE-REHAB LOAN ADVERTISING UTILITIES BILL FOR DAYS INN SITE TELEPHONE CHARGES FOR FEBRUARY 2006 SUBSCRIPTION RENEWAL -PAYROLL MANAGERS LETTER UNEMPLOYMENT INSURANCE 2ND-4TH QTR UTILITIES - 2300 CLEVELAND AVE, 02/06 ARMORED CAR SERVICES FOR 02/06 LEGAL SERVICES FOR NC PLAZA DEVELOPMENT CONSTRUCTION MGT SERVICES THRU 02/28/06 REGULATORY REVIEW EDUC VILLAGE LEASE FEES FOR 08/2005 EDUCATION REIMBURSEMENT 2005'1AX ALLOCATION SERIES A & B PROFESSIONAL SERVICES FOR 01/05 TRANSPORTATION & HANDLING CHARGES LEGAL SERVICES FOR TROPHY LOUNGE SITE APPRAISAL OF 1640 E PLAZA (DAYS INN SITE) ECONOMIC CONSULTING FOR 1820 G ST SURVEYING PSI/BNSF ACQUISITION APPRAISAL OF 1133 ROOSEVELT FENCE RENTAL FOR 1640 E PLAZA BLVD. CELL PHONE CHARGES FOR 05/27/05-06/26/05 RELOCATION CONSULTING COSTS 1820 G AVE PE"ITY CASH REPLENISHMENT EQUIPMENTRENTAL - AQUATIC CENTER ARCHITECTURAL SERVICES -AQUATIC CENTER CLIPPING SERVICES -PERIOD ENDED 03/01/06 UTILITIES-500 E PLAZA BLVD., 02/16/06 PERMIT FF,ES - HARBOR DIST GENERAL RELOCATION FOR PACIFIC VIEW TENANTS RELOCATION FOR PACIFIC VIEW TENANTS RELOCATION FOR PACIFIC VIEW TENANTS RELOCATION FOR PACIFIC VIEW '1'ENANTS RELOCATION FOR PACIFIC VIEW TENANT'S SUBTOTAL - CDC: CDBG REIMBURSEMFNT CLAIM 03/2006 FY'06 PUBLIC NOTICE - CDBG SUBTOTAL -CDBG: Chk No 15833 15836 15837 15838 15839 15840 15841 15842 15843 15844 15845 15848 15850 15851 15852 15856 15857 15859 15862 15864 15866 15867 15868 15869 15870 15872 15873 15874 15875 15876 15877 15878 15879 15880 15881 15882 15883 15884 15885 15886 15887 15888 15889 15890 15891 15893 15894 15895 15896 15897 15898 15871 Amount $580.64 4,762.25 445.96 346.61 109.27 762.13 112.53 2,351.51 3,237.57 4,950.00 100.00 300.00 10,158.35 5,856.00 2,662.50 1,130.10 42.00 122.99 51.65 782.06 133.22 13,619.80 104.91 8.86 247.50 23,741.81 414.00 319.80 425.00 2,400.00 5,158.47 32.66 787.50 9,500.00 926.44 1,237.50 10,000.00 43.00 639.04 3,476.25 163.02 175.00 15,015.68 129.94 1,228.39 609.00 2,000.00 1,775.00 4,000.00 2,000.00 1,550.00 $140,145.27 $1.666.67 15892 107.63 $1,774.30 1 Payee NUTRITION AT SYSTEMS WEST, INC. BLACKIE'S TROPHIES & AWARDS CALIFORNIA BAKING CO. JOSEPH WEBB FOODS MCGUIRE DISTRIBUTION MISSION UNIFORM SERVICE OFFICE SUPPLIES PLUS PADRE JANITORIAL SUPPLIES, INC PRO -EDGE KNIFE SAN DIEGO GAS & ELECTRIC SANCHEZ, MANIJEL SIERRA SPRINGS SYSCO SAN DIEGO WILLIAMS, RAY HOUSING ASSISTANCE PAYMENTS CORPORATE EXPRESS INC EMPLOYMENT DEVELOPMENT DEPT. HAPPY SOFTWARE, INC. NATIONAL CITY COLLABORATIVE PURCHASE POWER ASPEN PUBLISHERS, INC. EQUIFAX CREDIT INFORMATION SVS GMAC MORTGAGE PIP PRINTING ' STATE COMPENSATION INSURANCE THE FAIR HOUSING COUNCIL CANO, ALICE GMAC MORTGAGE NATIONAL CREDIT REPORTING NEXTEL COMMUNICATIONS PETTY CASH - CDC XEROX CORPORATION PAYROLL PAYROLL PAYROLL FOR MEETING OF APRIL 4, 2006 RATIFICATION OF EXPENDITURES FOR PERIOD: 03/08/06 - 03/21/06 Description ARMORED CAR SERVICES FOR 12/05 & 01/06 ENGRAVING NCNP COUNCIL FOOD FOR NCNP FOOD/CONSUMABLES FOR NCNP FOOD FOR NCNP LINEN SERVICE FOR NUTRITION CENTER NCNP OFFICE SUPPLIES NCNP JANITORIAL SUPPLIES SHARPENING SERVICE AT NCNP UTILITIES AT 1415 D AVE, NCNP MILEAGE REIMBURSEMENT FOR FEB 2006 WATER FOR FEELING FIT CLUB FOOD/CONSUMABLES FOR NCNP NCNP EQUIPMENT REPAIRS SUBTOTAL -NUTRITION: TOTAL - GENERAL FUND: MANUAL PAYMENTS S8 OFFICE SUPPLIES EDD CONTRACT M487740 OCT-DEC 2005 S8 UPDATE CHECK SIGNATURES ON HAPPY S8 HOUSING/FAMILY-SELF SUFFICIENCY PROG 01/06 & 02/06 POSTAGE METER REFILL PAYROLL MANAGER'S LETTER 04/06.03/07 S8 APPLICANTS/PARTICIPANTS CREDIT REPORT S8 OFFICE RENTAL FOR 03/06 & ELECTRICITY 01/06 S8 ENVELOPES & BRIEFING PACKETS PRINTING S8 WORKER'S COMP FOR 01/06 HOUSING & TENANT EDUC SVS 2ND QTR FY06 MILEAGE REIMBURSEMENT FOR 01/06 & 02/06 S8 ELECTRICITY CHARGES FOR 02/06 S8 APP/PARTICIPANTS BACKGROUND CHECK CELL PHONE CHARGES FOR 05/27-06/26/05 PETTY CASH REPLENISHMENT S8 XEROX LEASE FOR 02/06 TOTAL - SECTION 8: PAYROLL 02/27/06 - 03/10/2006 AST�" PAY - 1-DAY - 03/13/06 PAYROLL - 03/14/06 - 03/20/06 TOTAL - ADMINISTRATIVE REVOLVING FUND: Chk No 15833 15834 15835 15846 15847 15849 15853 15854 15855 15858 15860 15861 15863 15865 10162 10163 10164 10165 10166 10167 10168 10169 10170 10171 10172 10173 10174 10175 10176 10177 10178 TOTAL OF ALL FUNDS: Amount $840.56 46.33 500.05 6,659.94 949.64 125.47 178.68 1,889.10 40.00 1,710.45 42.00 35.90 6,218.99 653.68 $19,890.79 $161,810.36 $20,776.46 873.73 85.08 50.00 8,466.66 1,130.09 133.21 52.69 3,790.42 688.41 937.05 7,750.00 37.37 243.11 107.40 188.07 35.53 435.15 $45,780.43 $98,057.00 9,560.89 46,572.78 $154,190.67 $361,781.46 2 f-ITEM TITLE RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHAIRMAN TO EXECUTE A FIRST AMENDMENT TO AGREEMENT WITH FALKENBERG/GILLIAM & ASSOCIATES TO REINSTATE THE AGREEMENT AND EXTEND FOR 6 MONTHS THE MANAGEMENT OF KIMBALL TOWER AND THE MANAGEMENT OF MORGAN TOWER City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE April 4, 2006 AGENDA ITEM NO. 16 PREPARED BY EXPLANATION George H. Eiser, III Ext. 4221 DEPARTMENT City Attorney The CDC entered into separate agreements in 1999 with Falkenberg/Gilliam & Associates for the management of Kimball Tower and Morgan Tower. The terms of the original agreements expired in October 3, 2003. Falkenberg/Gilliam & Associates has continued to perform management services for Kimball and Morgan Towers since that time. In his capacity as the new Executive Director of the CDC, the City Manager desires to evaluate the management of these two CDC - owned facilities. It is recommended that the original agreements with Falkenberg/Gilliam & Associates be reinstated and extended for a period of 6 months to provide the City Manager sufficient time for the evaluation process. The proposed resolution would authorize the extension. Environmental Review Financial Statement Fees are paid out of the Rental Agency Account. STAFF RECOMMENDATION Adopt resolution. X N/A Account No. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) Proposed Resolution Proposed Amendments Resolution No. A-200 (9/80) RESOLUTION NO. 2006 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING THE REINSTATEMENT AND EXTENSION OF THE AGREEMENT WITH FALKENBERG/GILLIAM & ASSOCIATES FOR THE MANAGEMENT OF KIMBALL TOWER AND THE MANAGEMENT OF MORGAN TOWER WHEREAS, the Community Development Commission entered into separate agreements in 1999 with Falkenberg/Gilliam & Associates for the management of Kimball Tower and Morgan Tower; and WHEREAS, the terms of the original agreements expired in October 2003. Falkenberg/Gilliam & Associates has continued to perform management services for Kimball and Morgan Towers since that time; and WHEREAS, in his capacity as the new Executive Director of CDC, the City Manager desires to evaluate the management of these two CDC -owned facilities; and WHEREAS, it is recommended that the original agreements with Falkenberg/Gilliam & Associates be extended for a period of 6 months to provide the City Manager sufficient time for the evaluation process. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission of the City of National City hereby authorizes the Chairman to execute a First Amendment to the Agreement with Falkenberg/Gilliam & Associates for the Management of Kimball Tower and Morgan Tower. Said Amendment is on file in the Office of the City Clerk. PASSED and ADOPTED this 4th day of April, 2006. Nick Inzunza, Chairman ATTEST: Chris Zapata, Executive Director APPROVED AS TO FORM: George H. Eiser, III City -CDC Attorney FIRST AMENDMENT TO AGREEMENT (Morgan Tower) This First (1st) Amendment to Agreement is made and entered into this 4th day of April, 2006, by and between the Community Development Commission of the City of National City (the "Owner") and Falkenberg/Gilliam & Associates, Inc. (the "Agent"). RECITALS A. The Owner and the Agent entered into an Agreement dated October 5, 1999, entitled "Morgan Tower Management Agreement" (the "Agreement"), wherein the Owner appointed the Agent • as exclusive agent for the management of the Owner's property known as Morgan Tower. B. The term of said Amendment to said Agreement expired October 4, 2003, and the Owner and the Agent desire to reinstate the Agreement for a six- month period beginning April 4, 2006 and ending October 6, 2006. NOW, THEREFORE, in consideration of the mutual benefit to be derived therefrom, the Owner and the Agent hereby agree as follows: That Section 26 of the Agreement is amended to read as follows: 26. Term of Agreement. The Agreement dated October 5, 1999 is hereby reinstated. The term of this Agreement shall be from April 4, 2006 to October 3, 2006. This Agreement is subject to the following conditions: a. This Agreement will not be binding upon the Parties until executed by representatives authorized to enter into binding contracts on behalf of the respective Parties. With the foregoing exception, each and every provision of the Agreement dated October 5, 1999, shall remain in full force and effect. Morgan Tower First Amended Agreement Page 2 IN WITNESS WHEREOF, the Principal Parties, by their duly authorized officers, have executed the Agreement on the date first above written. OWNER: AGENT: COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY FALKENBERG/GILLIAM & ASSOCIATES, INC. By: By: Nick Inzunza, Chairman Title: WITNESS: By: By: Title: Chris Zapata, Secretary FIRST AMENDMENT TO AGREEMENT (Kimball Tower) This First (1st) Amendment to Agreement is made and entered into this 4th day of April, 2006, by and between the Community Development Commission of the City of National City (the "Owner") and Falkenberg/Gilliam & Associates, Inc. (the "Agent"). RECITALS A. The Owner and the Agent entered into an Agreement dated October 5, 1999, entitled "Kimball Tower Management Agreement" (the "Agreement"), wherein the Owner appointed the Agent as exclusive agent for the management of the Owner's property known as Kimball Tower. B. The term of the Amendment to said Agreement expired October 4, 2003, and the Owner and the Agent desire to reinstate the Agreement for a six- month period beginning April 4, 2006 and ending October 3, 2006. NOW, THEREFORE, in consideration of the mutual benefit to be derived therefrom, the Owner and the Agent hereby agree as follows: That Section 26 of the Agreement is amended to read as follows: 26. Term of Agreement. The Agreement dated October 5, 1999 hereby reinstated. The term of this Agreement shall be from April 4, 2006 to October 3, 2006. This Agreement is subject to the following conditions. a. This Agreement will not be binding upon the Parties until executed by representatives authorized to enter into binding contracts on behalf of the respective Parties. With the foregoing exception, each and every provision of the Agreement dated October 5, 1999, shall remain in full force and effect. Kimball Tower First Amended Agreement Page 2 IN WITNESS WHEREOF, the Principal Parties, by their duly authorized officers, have executed the Agreement on the date first above written. OWNER: AGENT: COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY FALKENBERG/GILLIAM & ASSOCIATES, INC. By: By: Nick Inzunza, Chairman Title: WITNESS: By: By: Title: Chris Zapata, Secretary y City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE April 4, 2006 AGENDA ITEM NO 17 ITEM TITLE Public Hearing — Conduct public hearing for property lease with Mossy Nissan Incorporated to use the southern portion of the National City Train Depot Site (922 West 23rd Street) for vehicle storage as a short-term interim use, prior to opening of the Marina Gateway Hotel. PREPARED BY DEPARTMENT David Parsons Community Development Commission CDC Project Manager (619) 336-4297 EXPLANATION The southern portion of the Train Depot parking lot is underutilized at this time. Prior to its need for Hotel overflow parking, staff proposes leasing the southern parking lot Mossy Nissan Inc. for vehicle storage. There are two major benefits; first the City of National City should realize additional sales tax revenue from local car dealers having improved local inventories. Also, the CDC will realize additional revenue that will be used to promote redevelopment objectives in the National City Redevelopment Project Area. Environmental Review The proposed agreement is exempt from CEQA review. Financial Statement There are no costs to the CDC for entering into the lease. The CDC purchased the property in 1995 for $1,200,000. Rental for vehicle storage will be $1,550 per month, which will be used to facilitate on -going redevelopment activities. Mossy Nissan Inc. will be responsible for any improvements and maintenance of the premises. Account No STAFF RECOMMENDATION Hold the Public Hearing. BOARD / COMMISSION RECOMMENDATION Adopt resolution approving the lease with Mossy Nissan Inc., to use the southern portion of the National City Train Depot Site (922 West 23rd Street) for vehicle storage as a short-term interim use, prior to opening of the Marina Gateway Hotel and authorizing the Chairman to execute the lease. ATTACHMENTS 1. Background Report 2. Agreement Resolution No. A-200 (9/80) ATTACHMENT 1 BACKGROUND REPORT CDC leases the northern portion of the historic Train Depot parking lot (922 West 23rd Street) and the first level of the Train Depot building to the San Diego Electrical Railroad Association. Portions of the upper floor are leased by the MRW Group for office space, assisting in the development of the Marina Gateway Hotel. MRW Group is also negotiating terms for a lease for the southern parking lot of the Train Depot ("Southern Parking Lot") to provide temporary overflow parking as part of the operation of the Marina Hotel. MRW Group has advised the CDC they do not need the Southern Parking Lot for staging activities related to the construction of the Marina Gateway Hotel. Several car dealers in National City have inquired if the CDC has available property for short-term storage. Mossy Nissan requires vehicle storage area due to the impending remodel of the its' facilities on National City Blvd. CDC proposes to locate Mossy Nissan temporary vehicle storage on the Southern Parking for a period of up to five (5) months. CDC staff proposes entering into a market -rate lease with Mossy Nissan. Leaving the site vacant until the Marina Gateway Hotel opened, would contribute to the existing blighting conditions in the area and reduce the amount of funding raised for on -going redevelopment activities. Increase vehicle storage capacity will allow Mossy Nissan to maintain a better vehicle inventory, which will promote vehicle sales and sales tax revenue to the City of National City. In addition, new vehicle storage will require Mossy Nissan to provide for maintenance and security, which will provide a mutual benefit to surrounding properties. The lease, which is month -to -month in term, is intended to be a temporary use prior to the opening of the Marina Gateway Hotel. The length of term has been written to provide assurances that opening of the Marina Gateway Hotel will not be negatively affected. In consideration for the CDC's willingness to accommodate vehicle storage on this site, Mossy Nissan will pay rent and provide property maintenance on the Southern Parking Lot for the term of the lease. LEASE AGREEMENT By and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY and MOSSY NISSAN, INC This Lease, made and entered into this 4th day of April 2006 by and between the Community Development Commission of the City of National City ("CDC"), hereinafter designated as "Lessor," and Mossy Nissan, hereinafter designated as "Lessee." RECITALS A. Lessee is desirous of leasing from Lessor, and Lessor is desirous of leasing to Lessee, certain real property identified as the southern portion of the parking lot (all real property 185 feet north of southern property boundary) located at 922 West 23`d Street. iri National City, California ("Vehicle Storage") to facilitate vehicle storage for automobile dealers on the Mile of Cars in National City, California. "Vehicle Storage" is more fully described as Lessee's exclusive use of a 15,500 square feet area on Exhibit "A" as Vehicle Storage. B. The use of said property for the purposes aforementioned will promote the general welfare of all inhabitants in the City of National City. NOW, THEREFORE, the parties hereto agree as follows: 1. LEGAL STATUS OF OPERATOR: Operator warrants that it is a legal corporation, incorporated under the laws of the State of California. 2. Leased premises. Lessor does hereby lease, demise and let to Lessee the real property situated in the City of National City, County of San Diego, State of California, commonly described as western portion of the lot located at 900 West 23rd Street, otherwise known as the National City Depot site and whose legal description is attached hereto as Exhibit "B." 3. Term The term of this lease shall be a month -to -month lease, but no longer than five (5) months, beginning on the date first above written. Lessee acknowledges that the use of the site is temporary and agrees to diligently seek an alternative method of vehicle storage. Lessee to initial here date 4. Rent. Lessee shall pay as rent for the leased premises ten.($.10) cents per square foot for approximately 15,500 square feet of space, or One Thousand Five Hundred Fifty and 00/100 Dollars ($1,550.00) per month for the term of this lease, payable on the 1s` of each month commencing on the date of signing by the Lessor. Page 1 of 5 5. Mailings & Noticing. 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, fax or email; 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, fax or email, when sent. Any payment, notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the Lessor: To the Lessee: Chris Zapata Executive Director Community Development Commission of the City of National City 1243 National City Boulevard National City, CA 91950-4397 Mossy Nissan Inc. Attention: Philip E. Mossy, President 4555 Mission Bay Drive San Diego, CA 92109 6. Use. The above -described premises are leased to Lessee by Lessor for the purpose of providing vehicle storage. 7. Assignment. This Lease shall not be assigned, hypothecated, leveraged, or transferred without the consent in writing of the CDC, evidenced by a resolution hereof duly adopted for said purpose. 8. Improvements. Lessee shall maintain all improvements in conformance with the 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. 9. Repair. Lessor shall not be liable for the repair or upkeep and/or maintenance of any improvements located or 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. Lessor shall cause the landscaped areas to be cared for, trimmed, mowed, and weeded as necessary to maintain an attractive property. 10. Hold Harmless. Lessee hereby agrees to indemnify, defend, and hold harmless the Community Development Commission of the City of National City, the City of National City and their officers and employees 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 or any sub -lessee. 11. Insurance. Lessee shall take out and maintain, throughout the period of this Lease, comprehensive general liability insurance with minimum limits of One Million Dollars ($1,000,000.00) combined single limit per occurrence, covering all bodily injury and property damage arising out of this Lease. Page 2 of 5 This policy shall name Lessor the Community Development Commission of the City of National City, the City of National City, and their officers, agents, and employees as additional insured, and shall constitute primary insurance as to Lessor, its officers, agents and employees, so that any other policies held by Lessor shall not contribute to any loss under said insurance. Said policy shall provide for thirty (30) days' prior written notice to Lessor of cancellation or material change. Prior to commencement of this Lease, Lessee shall furnish Lessor a certificate of insurance and with original endorsements affecting coverage required by this clause. The certificate and endorsements for the insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate and endorsements are to be received and approved by Lessor before this Agreement is signed. Lessee shall keep the improvements located on the leased premises insured against loss or damage by fue in the amounts not less than eighty-five percent (85%) replacement value. If the required insurance coverage is provided on a "claims made" rather than "occurrence" form, Lessee shall maintain such insurance coverage for three (3) years after expiration of the term (and any extensions) of this Lease. If Lessee does not keep an insurance policy in full force and effect at all times during the term of this Lease, Lessor may elect to treat the failure to maintain the requisite insurance as a breach of the contract and terminate this Lease forthwith. 12. Inspection. Lessor, by and through its proper officers, reserve and shall always have the right, upon reasonable notice and at a reasonable time, to enter the leased premises for the purpose of viewing and ascertaining the conditions of the same and the operation and maintenance thereof. 13. Termination. This Lease may be terminated by either party (without cause) upon thirty (30) days written notice. 14. Non -Discrimination. Lessee agrees that there shall be no discrimination against or segregation of any person or group of persons, because of race, color, creed, national origin, sex, sexual orientation; ancestry, marital status, physical handicap, or medical condition, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the Leased premises, nor shall Lessee, or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, lessees, subleases, subtenants, or vendees in the leased premises. 15. Waiver. The failure or omission of Lessor to terminate this Lease for any violations of any of its terms, conditions, or covenants shall in no way be deemed to be a consent by Lessor to such violation and shall in no way bar, stop or prevent Lessor from terminating this Lease thereafter, either for such or for any subsequent violation of any such term, condition or covenant. 16. Signs. Lessee agrees that no sign, advertisement, or notices shall be inscribed, painted or affixed on or to any part or portion of the outside of the leased premises except to be of such type and color, size and style, and in such place as may be approved by the CDC. Lessee also agrees to pay for and obtain all required regulatory approvals (permits) for any signage deemed necessary for the property. Page 3 of 5 17. Taxes. Lessee recognizes and understands that this Lease may create a possessory interest subject to property taxation and that Lessee may be subject to the payment of property taxes levied on such interest. Lessee further agrees to pay all property taxes, if any, assessed during the term of this Lease pursuant to Sections 107 and 107.1 of the Revenue and Taxation Code against Lessee's possessory interest in the leased premises. 18. Waiver of Relocation Assistance. In consideration for the execution of this lease by Lessor, Lessee hereby waives any claim for relocation assistance benefits to which it may otherwise be entitled under federal, state, or local law or regulations, upon vacation of the premises. 19. Termination by Lessor. Notwithstanding any other provision of this lease to the contrary, Lessor may terminate the Parking Premises lease upon thirty (30) days written notice to Lessee in the event Lessor determines the leased parking premises are uniquely suited for public, municipal or redevelopment purposes. In the event of such a termination Lessor agrees to work with Lessee to seek reasonable alternative parking arrangements for the Project, and Lessee shall limit all of its claims for damages against Lessor to require Lessor's good faith assistance in relocating the parking for the Project. The burden of securing adequate parking for the Project, in any case, is on Lessee. 20. Environmental Compliance. Lessee shall not engage in, nor shall it permit any third party to engage in, activities upon the Premises, or any portion thereof, for the purpose of or anyway involving the handling, manufacturing, treatment, storage, use, transportation, spillage, leakage, dumping, discharge or disposal (whether legal or illegal, accidental or intentional) or any hazardous or toxic substances, materials or wastes, or any wastes regulated under any local, state or federal law. Lessee shall be, and remain for the term of this License, in full compliance with all applicable laws governing the use and occupancy of the Premises including, without limitation, the handling, manufacturing, treatment, storage, disposal, discharge, use, and transportation of hazardous or toxic substances, materials or wastes, and any wastes regulated under any local, state or federal law (hereinafter collectively referred to as "Standards"). In addition, Lessee has been advised that this site has been impacted with an environmental condition, and soils at this site are therefore considered regulated materials, which cannot be excavated or disposed of off -site without appropriate oversight and adherence to state and federal environmental laws. Lessee has been advised that additional information about the nature of the environmental impacts at this site is available through a review of material in the possession of Environmental Business Solutions, which company has acted as Lessor's environmental consultant for these Premises, and that no digging or excavation at the site will be authorized without appropriate environmental oversight. Lessee shall not create nor permit to be created, nor permit to exist (except for those Harmful Conditions preexisting the term of this lease) upon the Premises any non-compliance with Standards or any condition which could be alleged to create a nuisance, public, private or mixed, or to otherwise present a threat to health or property by any unhealthful, hazardous or dangerous condition (herein collectively referred to as "Harmful Conditions"). Except for those Harmful Conditions preexisting the term of this lease, Lessee shall contain any Harmful Condition to prevent it from deteriorating. Lease shall notify Lessor immediately of any Harmful Condition or non-compliance with any Standard and Lessee shall notify all responsible local, state, or federal agencies as required by local, state or federal regulations. Page 4 of 5 In the event Lessee fails to be in full compliance with the obligations assumed by Lessee herein and Lessee does not correct such non-compliance within three (3) days of written notice of such failure given by Lessor, Lessor may, but shall not be obligated to, take whatever action is necessary to bring the Premises into compliance. If however, Lessee has begun compliance within the allowed three (3) days of written notice, but such compliance cannot be accomplished with the allowed time frame, Lessor shall not interfere with Lessee's good faith efforts. If compliance has not been accomplished within fifteen (15) days, Lessor may, but shall not be obligated to, take whatever action is necessary. Lessee shall reimburse Lessor for all costs (including, but not limited to, consulting, engineering, clean up, containment, disposal, and legal costs) incurred by Lessor as a result of Lessee's failure to comply with the foregoing obligations assumed by Lessee, and also such costs as may be incurred by Lessor in abating or protecting against Harmful Conditions and/or a violation of Standards. Lessee shall indemnify, defend and hold Lessor, its employees and agents, harmless from and against any claim or lawsuit, local, state or federal enforcement action, or civil or criminal claims, which arise from or relate to any actual or alleged Harmful Conditions, actual or alleged violation of Standards, or actual or alleged injuries to or death of any persons and loss of or damages to property, including without limitation, employees and property of Lessor and Lessee, which arise during Lessee's presence on, or negligent use of, Premises. Except for those Harmful Conditions preexistingthe term of this lease, Lessee expressly agrees that the indemnification, and hold harmless obligations assumed by Lessee with regard to abatement of Harmful Conditions and violations of Standards in this Article, shall survive expiration or termination of this Lease. 20. Obstruction. Except as permitted by this Lease, Lessee shall not place, install, maintain, or allow any combustible materials (except gasoline and petroleum products in automobiles parked on the premises), buildings, structures, or other improvements upon the Licensed Premises and shall not cause or allow the surface elevation therein to be changed in any way whatsoever, without Lessor prior written approval. IN WITNESS WHEREOF, this Lease is executed by the Community Development Commission of the City of National City, pursuant to resolution authorizing the Chairman to execute the same for and on behalf of said CDC, and Mossy Nissan, Inc., has caused this instrument to be executed by its proper representatives thereon to duly authorized. Community Development Commission Mossy Nissan, Incorporated Of the City of National City By: By: Nick Inzunza, Chairman Philip E. Mossy, President APPROVED AS TO FORM: By: George Eiser, III, CDC Attorney By: Page 5 of 5 John Epps, Secretary 1 1-800-345-734 ;CAI•L I 7n 1 of AM 161CH Z : a V.r I• 96 D. h EXHIBIT "A" .n 3.93 AC r ®3AC PAR. 74 S8E MAP 004-37-266.1 .�•AV/ /4A.rJ- *I;alr'b7 +7149 44 19. S79.q 1 LOCATION P . :_. 0.3 QJ. 4.vr si� 1.1.1 44.9 J4 S1 2'.b O 4.47 AC. 'tom S7g4 0 •1 T } .77371 PAR.72 606-0T-. 273 HARRJS I�S7 �c 604 Sj z6E. M p 3/9. X ,Os.a1Q t ►.37,C. { sJ.O. 21- OC. MA► 604.37-26, • MIN. A s. ONLY J!77.7. 4Jey 4 4 • 760-044-07 POR. 't >k , 1• VG. ©-PAR• 3 TBE. NAP 604-37-ZOV y MIK RTt. ONLY 2 • S.I.0. Q2 - P N. C. NAP 604-37-26AC M 39 PAN. 73 SSE. MAP 004-37-26A4 .411 0 SHT 1 A. s os'Srs•ew 9, N63'0206'W C. N05'42'0ft R A.316.62 £, 6 64002 04.3 ,' T 23'37'S5E 0. 11.616.40 K S 11.63' N'w • A.070 35 NP:• c.. 339f •w9 o. P,vANNO 5 4s6136ME"a.0.•OSE60'ILA 9 112.73 25.10 123.62 4446 14.64 46.22 131.62 90.53 6155 r. Q 40 7%06- • A. 4 4 1 4 UI' YT N . ti N 6 Y ^'Y••Jay 4.44 111irr11 111111111111111111111 -11*111 6• 276 `n he "E. 4 AI'6W- iT-26 Aq 404 ✓:JP y,., 559-04 AA N 41.01, J 3t OD N74'4eof,' 147-75 CC A'J7'er41'M 7L.JJ OD NM'37'1S'4 7J•P. 23 Sr-1 /+.vv Aice AAM T. t s. F. AFL 4/jbi•D e 0o 4.75AC S.LD. p2 -5E. 4959 504-37-26► MIN. e1S. ONLY HAFFL,EY 2.27 AC. i 4e . 1 4/..r4 N✓e.e{.io 0 ✓y 9, • +r..m.07 3/ A SHT. 2 • 4 V 1 Orat 4.24 AC 7 7 CY.A.Q I.NAC PO5.PAas SSE. NAP Sa-57-isa ONS. 33. IOu•DO T 2.04AC K$3.D0-AAA.4 +5SE. MAP 604•YJ-21W N MiN, 413.O13LY -Y •>4 xS.Lop 3.00AC 290 • AVE 2 29 ,>)3 1�,,., rA ..W� 5;i 0b13 A, 23-PA11.43 MNONLY 269A 32e 14l.•Z 0 SI.O. 10 2.23��A1c. s.LD.IJ-PAP .3S SPE. MAP 004-37-26Y MIN. 01S. ONLY 4. A 29 SJ.D.Q 3.12AC J6aa -PAR./. 9M N. MTS. ONLY 7-24AA t PAR. 37 S7C MAr 604-37-26Y A r s. r RR. MAP 34B - 'J4TIGNAL CITY RE -FILED - TE?'4PJAL CRCL"IOS "4 185,219 ROS 10499 9.26AC 704 54 AVE. JJe 105J.0. IQ 2.06 AC y.. 3.1.0.0-P9A 5 tiSOE. MAP 604-37-25'9/ MIN. OTS. ONLY 234Jz 1111,1 0 5 2000 3- ul QA• I -- hi City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE April 4, 2006 AGENDA ITEM NO 18 ITEM TITLE Resolution — Consideration of a lease with Mossy Nissan Incorporated to use the southern portion of the National City Train Depot Site (922 West 23rd Street) for vehicle storage as a short-term interim use, prior to opening of the Marina Gateway Hotel and authorizing the Chairman to execute the lease. PREPARED BY DEPARTMENT David Parsons Community Development Commission CDC Project Manager (619) 336-4297 EXPLANATION The southern portion of the Train Depot parking lot is underutilized at this time. Prior to its need for Hotel overflow parking, staff proposes leasing the southern parking lot to Mossy Nissan Inc. for vehicle storage. There are two major benefits; first the City of National City should realize additional sales tax revenue from local car dealers having improved local inventories. Also, the CDC will realize additional revenue that will be used to promote redevelopment objectives in the National City Redevelopment Project Area. Environmental Review The proposed agreement is exempt from CEQA review. Financial Statement There are no costs to the CDC for entering into the lease. The CDC purchased the property in 1995 for $1,200,000. Rental for vehicle storage will be $1,550 per month, which will be used to facilitate on -going redevelopment activities. Mossy Nissan Inc. will be responsible for any improvements and maintenance of the premises. Account No STAFF RECOMMENDATION Adopt resolution authorizing the Chairman to execute the lease. BOARD / COMMISSION RECOMMENDATION Adopt resolution approving the lease with Mossy Nissan Inc., to use the southern portion of the National City Train Depot Site (922 West 23rd Street) for vehicle storage as a short-term interim use, prior to opening of the Marina Gateway Hotel and authorizing the Chairman to execute the lease. rATTACHMENTS Resolution No. • L A-200 (9/80) RESOLUTION NO. 2006. A RESOLUTION OF THE NATIONAL CITY COMMUNITY DEVELOPMENT COMMISSION APPROVING A LEASE WITH MOSSY NISSAN, INCORPORATED TO USE THE SOUTHERN PORTION OF THE NATIONAL CITY TRAIN DEPOT SITE (922 WEST 23RD STREET) FOR VEHICLE STORAGE AS A SHORT-TERM/INTERIM USE, PRIOR TO THE OPENING OF THE MARINA GATEWAY HOTEL ANDAUTHORIZING THE CHAIRMAN TO EXECUTE THE LEASE WHEREAS, the Community Development Commission of the City of National City is engaged in activities necessary to execute and implement the Redevelopment Plan for the National City Redevelopment Project; and, WHEREAS, in furtherance of the objectives of ,the California Community Redevelopment Law (California Health and Safety Code Section 33000 et seq.), the Community Development Commission desires to facilitate redevelopment of the Marina Gateway sites in the National City Harbor District; and, WHEREAS, Mossy Nissan, Incorporated desires to use facilities at the National City Train Depot site to provide vehicle storage, facilitating re -use of an underutilized property; and, WHEREAS, Lease revenue is not less than fair -market for the prescribed terms of the Lease; and WHEREAS, Lease revenue will provide funding for on -going redevelopment activities to assist in the elimination of blight; and, WHEREAS, on April 4, 2006 the Community Development Commission held a noticed public hearing, at which oral and documentary evidence was received concerning the proposed lease. NOW, THEREFORE, BE IT RESOLVED THAT the Community Development Commission of National City hereby approves a lease with Mossy Nissan, Incorporated for the use of the southern portion of the National City Train Depot site in consideration of fair market value; and, BE IT FURTHERED RESOLVED THAT the Community Development Commission of National City authorizes the Chairman to execute the lease. PASSED AND ADOPTED this 4th day of April 2006. Nick Inzunza, Chairman ATTEST: Chris Zapata, Executive Director APPROVED AS TO FORM: George H. Eiser, III, City -CDC Attorney -2- STATE OF CALIFORNIA COUNTY OF SAN DIEGO ) ss. CITY OF NATIONAL CITY I, Chris Zapata, Executive Director of the Community Development Commission of National City, do hereby certify that the foregoing Resolution No. 2006-XX was adopted at a regular meeting of the Community Development Commission of National City held on April 4, 2006, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Chris Zapata, Executive Director -3- LEASE AGREEMENT By and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY and MOSSY NISSAN, INC This Lease, made and entered into this 4'a day of April 2006 by and between the Community Development Commission of the City of National City ("CDC"), hereinafter designated as "Lessor," and Mossy Nissan, hereinafter designated as "Lessee." RECITALS A. Lessee is desirous of leasing from Lessor, and Lessor is desirous of leasing to Lessee, certain real property identified as the southern portion of the parking lot (all real property 185 feet north of southern property boundary) located at 922 West 23`d Street. in National City, California ("Vehicle Storage") to facilitate vehicle storage for automobile dealers on the Mile of Cars in National City, California.. "Vehicle Storage" is more fully described as Lessee's exclusive use of a 15,500 square feet area on Exhibit "A" as Vehicle Storage. B. The use of said property for the purposes aforementioned will promote the general welfare of all inhabitants in the City of National City. NOW, THEREFORE, the parties hereto agree as follows: 1. LEGAL STATUS OF OPERATOR: Operator warrants that it is a legal corporation, incorporated under the laws of the State of California. 2. Leased Premises, Lessor does hereby lease, demise and let to Lessee the real property situated in the City of National City, County of San Diego, State of California, commonly described as western portion of the lot located at 900 West 23`d Street, otherwise known as the National City Depot site and whose legal description is attached hereto as Exhibit "B." 3. Term. The term of this lease shall be a month -to -month lease, but no longer than five (5) months, beginning on the date first above written. Lessee acknowledges that the use of the site is temporary and agrees to diligently seek an alternative method of vehicle storage. Lessee to initial here date 4. Rent. Lessee shall pay as rent for the leased premises ten ($.10) cents per square foot for approximately 15,500 square feet of space, or One Thousand Five Hundred Fifty and 00/100 Dollars ($1,550.00) per month for the term of this lease, payable on the 1S` of each month commencing on the date of signing by the Lessor. Page 1 of 5 5. Mailings & Noticing. 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, fax or email; 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, 9r (v) if given by telex, telecopy, facsimile, fax or email, when sent. Any payment, notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To the Lessor: To the Lessee: Chris Zapata Executive Director Community Development Commission of the City of National City 1243 National City Boulevard National City, CA 91950-4397 Mossy Nissan Inc. Attention: Philip E. Mossy, President 4555 Mission Bay Drive San Diego, CA 92109 6. Use. The above -described premises are leased to Lessee by Lessor for the purpose of providing vehicle storage. 7. Assignment. This Lease shall not be assigned, hypothecated, leveraged, or transferred without the consent in writing of the CDC, evidenced by a resolution hereof duly adopted for said purpose. S. Improvements. Lessee shall maintain all improvements in conformance with the 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. 9. Repair. Lessor shall not be liable for the repair or upkeep and/or maintenance of any improvements located or 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. Lessor shall cause the landscaped areas to be cared for, trimmed, mowed, and weeded as necessary to maintain an attractive property. 10. Hold Harmless. Lessee hereby agrees to indemnify, defend, and hold harmless the Community Development Commission of the City of National City, the City of National City and their officers and employees 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 or any sub -lessee. 11. Insurance. Lessee shall take out and maintain, throughout the period of this Lease, comprehensive general liability insurance with minimum limits of One Million Dollars ($1,000,000.00) combined single limit per occurrence, covering all bodily injury and property damage arising out of this Lease. Page 2 of 5 This policy shall name Lessor the Community Development Commission of the City of National City, the City of National City, and their officers, agents, and employees as additional insured, and shall constitute primary insurance as to Lessor, its officers, agents and employees, so that any other policies held by Lessor shall not contribute to any loss under said insurance. Said policy shall provide for thirty (30) days' prior written notice to Lessor of cancellation or material change. Prior to commencement of this Lease, Lessee shall furnish Lessor a certificate of insurance and with original endorsements affecting coverage required by this clause. The certificate and endorsements for the insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificate and endorsements are to be received and approved by Lessor before this Agreement is signed. Lessee shall keep the improvements located on the leased premises insured against loss or damage by fire in the amounts not less than eighty-five percent (85%) replacement value. If the required insurance coverage is provided on a "claims made" rather than "occurrence" form, Lessee shall maintain such insurance coverage for three (3) years after expiration of the term (and any extensions) of this Lease. If Lessee does not keep an insurance policy in full force and effect at all times during the term of this Lease, Lessor may elect to treat the failure to maintain the requisite insurance as a breach of the contract and terminate this Lease forthwith. 12. Inspection. Lessor, by and through its proper officers, reserve and shall always have the right, upon reasonable notice and at a reasonable time, to enter the leased premises for the purpose of viewing and ascertaining the conditions of the same and the operation and maintenance thereof. 13. Termination. This Lease may be terminated by either party (without cause) upon thirty (30) days written notice. 14. Non -Discrimination. Lessee agrees that there shall be no discrimination against or segregation of any person or group of persons, because of race, color, creed, national origin, sex, sexual orientation; ancestry, marital status, physical handicap, or medical condition, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the leased premises, nor shall Lessee, or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy of tenants, lessees, subleases, subtenants, or vendees in the leased premises. 15. Waiver. The failure or omission of Lessor to terminate this Lease for any violations of any of its terms, conditions, or covenants shall in no way be deemed to be a consent by Lessor to such violation and shall in no way bar, stop or prevent Lessor from terminating this Lease thereafter, either for such or for any subsequent violation of any such term, condition or covenant. 16. Signs. Lessee agrees that no sign, advertisement, or notices shall be inscribed, painted or affixed on or to any part or portion of the outside of the leased premises except to be of such type and color, size and style, and in such place as may be approved by the CDC. Lessee also agrees to pay for and obtain all required regulatory approvals (permits) for any signage deemed necessary for the property. Page 3 of 5 17. Taxes. Lessee recognizes and understands that this Lease may create a possessory interest subject to property taxation and that Lessee may be subject to the payment of property taxes levied on such interest. Lessee further agrees to pay all property taxes, if any, assessed during the term of this Lease pursuant to Sections 107 and 107.1 of the Revenue and Taxation Code against Lessee's possessory interest in the leased premises. 18. Waiver of Relocation Assistance. In consideration for the execution of this lease by Lessor, Lessee hereby waives any claim for relocation assistance benefits to which it may otherwise be entitled under federal, state, or local law or regulations, upon vacation of the premises. 19. Termination by Lessor. Notwithstanding any other provision of this lease to the contrary, Lessor may terminate the Parking Premises lease upon thirty (30) days written notice to Lessee in the event Lessor determines the leased parking premises are uniquely suited for public, municipal or redevelopment purposes. In the event of such a termination Lessor agrees to work with Lessee to seek reasonable alternative parking arrangements for the Project, and Lessee shall limit all of its claims for damages against Lessor to require Lessor's good faith assistance in relocating the parking for the Project. The burden of securing adequate parking for the Project, in any case, is on Lessee. 20. Environmental Compliance. Lessee shall not engage in, nor shall it permit any third party to engage in, activities upon the Premises, or any portion thereof, for the purpose of or anyway involving the handling, manufacturing, treatment, storage, use, transportation, spillage, leakage, dumping, discharge or disposal (whether legal or illegal, accidental or intentional) or any hazardous or toxic substances, materials or wastes, or any wastes regulated under any local, state or federal law. Lessee shall be, and remain for the term of this License, in full compliance with all applicable laws governing the use and occupancy of the Premises including, without limitation, the handling, manufacturing, treatment, storage, disposal, discharge, use, and transportation of hazardous or toxic substances, materials or wastes, and any wastes regulated under any local, state or federal law (hereinafter collectively referred to as "Standards"). In addition, Lessee has been advised that this site has been impacted with an environmental condition, and soils at this site are therefore considered regulated materials, which cannot be excavated or disposed of off -site without appropriate oversight and adherence to state and federal environmental laws. Lessee has been advised that additional information about the nature of the environmental impacts at this site is available through a review of material in the possession of Environmental Business Solutions, which company has acted as Lessor' s environmental consultant for these Premises, and that no digging or excavation at the site will be authorized without appropriate environmental oversight. Lessee shall not create nor permit to be created, nor permit to exist (except for those Harmful Conditions preexisting the term of this lease) upon the Premises any non-compliance with Standards or any condition which could be alleged to create a nuisance, public, private or mixed, or to otherwise present a threat to health or property by any unhealthful, hazardous or dangerous condition (herein collectively referred to as "Harmful Conditions"). Except for those Harmful Conditions preexisting the term of this lease, Lessee shall contain any Harmful Condition to prevent it from deteriorating. Lease shall notify Lessor immediately of any Harmful Condition or non-compliance with any Standard and Lessee shall notify all responsible local, state, or federal agencies as required by local, state or federal regulations. Page 4 of 5 In the event Lessee fails to be in full compliance with the obligations assumed by Lessee herein and Lessee does not correct such non-compliance within three (3) days of written notice of such failure given by Lessor, Lessor may, but shall not be obligated to, take whatever action is necessary to bring the Premises into compliance. If however, Lessee has begun compliance within the allowed three (3) days of written notice, but such compliance cannot be accomplished with the allowed time frame, Lessor shall not interfere with Lessee's good faith efforts. If compliance has not been accomplished within fifteen (15) days, Lessor may, but shall not be obligated to, take whatever action is necessary. Lessee shall reimburse Lessor for all costs (including, but not limited to, consulting, engineering, clean up, containment, disposal, and legal costs) incurred by Lessor as a result of Lessee's failure to comply with the foregoing obligations assumed by Lessee, and also such costs as may be incurred by Lessor in abating or protecting against Harmful Conditions and/or a violation of Standards. Lessee shall indemnify, defend and hold Lessor, its employees and agents, harmless from and against any claim or lawsuit, local, state or federal enforcement action, or civil or criminal claims, which arise from or relate to any actual or alleged Harmful Conditions, actual or alleged violation of Standards, or actual or alleged injuries to or death of any persons and loss of or damages to property, including without limitation, employees and property of Lessor and Lessee, which arise during Lessee's presence on, or negligent use of, Premises. Except for those Harmful Conditions preexisting the term of this lease, Lessee expressly agrees that the indemnification, and hold harmless obligations assumed by Lessee with regard to abatement of Harmful Conditions and violations of Standards in this Article, shall survive expiration or termination of this Lease. 20. Obstruction. Except as permitted by this Lease, Lessee shall not place, install, maintain, or allow any combustible materials (except gasoline and petroleum products in automobiles parked on the premises), buildings, structures, or other improvements upon the Licensed Premises and shall not cause or allow the surface elevation therein to be changed in any way whatsoever, without Lessor prior written approval. IN WITNESS WHEREOF, this Lease is executed by the Community Development Commission of the City of National City, pursuant to resolution authorizing the Chairman to execute the same for and on behalf of said CDC, and Mossy Nissan, Inc., has caused this instrument to be executed by its proper representatives thereon to duly authorized. Community Development Commission Of the City of National City Mossy Nissan, Incorporated By: By: Nick Inzunza, Chairman Philip E. Mossy, President APPROVED AS TO FORM: By: George Eiser, III, CDC Attorney By: Page 5 of 5 John Epps, Secretary A 44 3.93 AC 1 soo. 4S-7334 IR �4:Se E 3 TA4 �4• •aV 160-Oe4-07 POR.i� E' 46+�' STA.♦ ID I . -u^I,R�1.426N 60e-37-26U 2. 3.1.0. 02 - PAR. 6s SSE. MA/ 604-17-26A0 MIN. RTS. ONLY 34 PAR. 73 58E. MAP 004-37-25PJ SHT A. S 06'37'24 W 4. N13'0i06 W C. NOS'42'O13.E D. R.3611.62 E, s 6s'02'Of r. $ 23.57.537E G. 1.616.60 K S I353' POW J. 6.070.36 .3536534E •I4. y4N(D )J5 46(LSSVE'4r ^.'•'73 LS '.•"L1 pp.33 s p0( 04 Y 112.73 25.10 123.62 44.63 44.34 65.22 131.62 60. 63 6353 Irao E. 104-37-, SCALE Ir ii10 OF AU ISICH i' YN rrx�aBI�IIIIIIIIIIIlII .14 Y E i1IIII1IIIIIl1 lErEIII �t. �e�0111t1II111111 p1111uIIt1/11111111I11111 273 HARRISON 1,57Ac 6P0 37 IE. 6,64 Tj Mr t Y Jr 273 HAFItgy 7 t O A r Y 2.27 AC. 5 >u, 4-.'6u 3- 1 se , 1 Jt 4" Q.C.Ja v; 1. 3�e •Y t ALA 44 44 SHT. 2 011.0 3P0AC 324 OSJ.D 0 R 2A4AC K SS.D " AP 404.313-2636 L.4 MIN. 115.01.3.7 559-04 (•s 700' AA N+i o1'4s�1 ea NL1vYofA' CC /1/6.3.013 1 OD 1114•37.4J'W 23 sr-1 4 .3Y l.)2 0160.0 2.23AC 5.1047:3-PM. 76 see. MAP 604.37-26Y MH4. Ri3. ONLY PAR. Yl $ OE. 1M4 604-37-26Y rd5.F. RR. MAP 348 - •1ATICNAL CITY RE -FILED • TERMINAL GRcI. IDS "4 185,219 RO5 10499 426AC N 29 31.0.0 200 AVE 3.12Ac .•*.•� SSE. EMAP OCA447-26AA '7 MN. MSS. ONLY AVE. JlP 51.0.0 2.06 AC 330..4 -PAR 5 °sSeE. MAP BOA-37-25'A, MIN, PTS. ONLY 17. AO 234.e2 TI 14 L ION f 5 20.00 3- 44 I 44 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE April 4 7006 AGENDA ITEM NO 19 ITEM TITLE Resolution authorizing UNIDEV, LLC to submit an application for 4 percent and 9 percent Low Income Tax Credits for the proposed Senior Village Project and authorizing the expenditure of $189,000 from the Community Development Commission Low Income Set Aside Fund to submit the application and implement additional predevelopment work associated with the proposed project. PREPARED Xavier Del Valle Senior Project Manager DEPARTMENT Community Development Commission EXPLANATION The proposed Senior Village project encompasses a 7.1-acre area that contains the CDC -owned Kimball and Morgan Towers. Envisioned for the area is a senior campus that will include the development of 160 low income rental units and 320 below market for sale units. The proposal also includes the renovation of existing rental units, a new recreation center, replacement of the Nutrition and Senior Centers, specialized retail uses, deck parking, and a new pedestrian oriented street that will link the existing residential area to the new development. Tonight's action by the CDC would authorize UNIDEV to submit an application for the 4 percent and 9 percent Low Income Tax credits for the proposed project, and authorize the expenditure of $189,000 to pay for the costs associated with submitting the tax credit applications and implementing additional predevelopment work (Exhibit A). A significant component of the ensuing work shall include refining the project, performing environmental studies, conducting additional community K....._ outreach, and assessing the feasibility of developing additional low income rental units through the use of existing low income set aside funds. -) Environmental Review CEQA is not applicable to this action. Financial Statement Authorize the expenditure of $189,000 from the Community Development Commission Low Income Set Aside Fund to submit the Low Income Tax Credit applications and implement additional predevelopment work associated with the proposed project. Account No. STAFF RECOMMENDATION Staff recommends that CDC adopt a Resolution authorizing UNIDEV to submit an application for 4 percent and 9 percent Low Income Tax Credits for the proposed project and authorize the expenditure of $189,000 from the CDC Low Income Set Aside Fund to submit the application and implement additional predevelopment work associated with the proposed project. BOARD / COMMISSION RECOMMENDATION Not applicable EXHIBITS A. Low Income Tax Credit Application Budget Resolution No. L A-200 (9/80) RESOLUTION NO. 2006 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY AUTHORIZING UNIDEV, LLC TO SUBMIT AN APPLICATION FOR 4 PERCENT AND 9 PERCENT LOW INCOME TAX CREDITS FOR THE PROPOSED SENIOR VILLAGE PROJECT AND AUTHORIZING THE EXPENDITURE OF $189,000 FROM THE COMMUNITY DEVELOPMENT COMMISSION LOW INCOME SET ASIDE FUND TO SUBMIT THE APPLICATION AND IMPLEMENT ADDITIONAL PREDEVELOPMENT WORK ASSOCIATED WITH THE PROPOSED PROJECT WHEREAS, the proposed Senior Village project encompasses a 7.1 -acre area that contains the CDC -owned Kimball and Morgan Towers. Envisioned for the area is a senior campus that will include the development of 160 low income rental units and 320 below market for sale units. The proposal also includes the renovation of existing rental units, a new recreation center, replacement of the Nutrition and Senior Centers, specialized retail uses, deck parking, and a new pedestrian oriented street that will link the existing residential area to the new development; and WHEREAS, UNIDEV, LLC, the developer of the project, has stated its desire to submit an application for 4 percent and 9 percent Low Income Tax Credits for the proposed project, and has requested financial assistance from the CDC in the amount of $189,000 to pay for the costs associated with submitting the tax credit application and implementing additional predevelopment work. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission hereby authorizes the expenditure of $189,000 from the Low Income Set Aside Fund to assist UNIDEV, LLC in submitting 4 percent and 9 percent Low Income Tax Credits, and to assist in the implementation of additional predevelopment work for the proposed Senior Village Project. PASSED and ADOPTED this 4th day of April, 2006. Nick lnzunza, Chairman ATTEST: Chris Zapata, Executive Director APPROVED AS TO FORM: George H. Eiser, III City -CDC Attorney Estimated National City LIHTC Applications Budget* LIHTC Application Consultant 20,000 Novogradac Conceptual Site Plan, Elevations, Floor Plans** 40,000 MVE Civil Engineer - Survey** 15,000 Senior Housing Consultant** 10,000 Stan Sokolove Geotech - Soils** 5,000 Environmental Phase I Review** 4,000 Title Search** 2,000 Legal ** HUD subdivision approval process 5,000 Updated Market Research** 8,000 RCL & Co. UniDev Fec** 60,000 Expenses 20,000 Total 189,000 * Represents budget for both 4% (80 units) and 9% (80 units) applications. ** Represents costs of $149,000 that would be incurred during the Predevelopment Phase. 3/28/06 LIHTC App Budget.xls 1 City of National City, California COMMUNITY DEVELOPMENT COMMISSION AGENDA STATEMENT MEETING DATE April 4, 2006 AGENDA ITEM NO. 20 ITEM TITLE Report: Owner Participation Process — Development proposals for the block bounded by National City Boulevard to the west, 1 lth Street to the north, l2th Street to the south, and alley to the east Subject Property: 1105, 1121, 1123, 1145 National City Boulevard (APN 556-554-18, -19, -20, -21). Applicants/Owner Participants: Constellation Property Group (Revolution R1) Tier Trust (Proiect "A") PREPARED BY Raymond Pe, AICP Redevelopment Projects Manager EXPLANATION Background report is attached. DEPARTMENT yr' Community Development Commission Environmental Review Not applicable. Financial Statement There will be no fiscal impact as a result of this action. Account No STAFF RECOMMENDATION Staff recommends that the Board tei ninate the Owner Participation Process and take no further action on the development proposals. BOARD / COMMISSION RECOMMENDATION Not applicable. ATTACHMENTS Resolution No. 1. Background 2. Plans — Revolution, Constellation Property Group L. 3. Plans — Sea Breeze Properties / Tiger Trust A-200 (9/80) ATTACHMENT 1 Background On October 20, 2005, the CDC received a development proposal from the Constellation Property Group, which has secured three of the four parcels comprising the subject property. On October 27, the CDC issued an "Owner Participation Notification" to Tiger Trust, the owner of the unsecured parcel APN 556-554-21 (leased to Enterprise Rental Car). On March 3, 2006, Tiger Trust submitted a competing development proposal for the subject property. Both the "Revolution Rl" project proposal by Constellation Property Group and the "Project A" proposal by Tiger Trust as submitted would conform to and further the goals and objectives of the National City Redevelopment Project, and both project concepts are in substantial conformance with the Downtown Specific Plan. The "Project B" proposal by Tiger Trust could not be evaluated since specific findings (i.e. significant public amenity or contribution to off -site public space) were not identified in order to consider the requested exemptions to height and floor area ratio. With regard to the Tiger Trust proposal (Project A), it would not be prudent for the CDC to initiate the potential acquisition of the three parcels that the developer does not control. Tiger Trust has ownership of only one parcel, totaling 11,500 square feet or approximately 38-percent of the site, while Constellation Property Group has control over three parcels, totaling 18,400 square feet or approximately 62-percent of the site. Moreover, the product type proposed by Tiger Trust could be accommodated at a reduced scale on their portion of the subject property. The Constellation Property Group has assembled three parcels that comprise a substantial project site that could be developed without the remaining parcel controlled by Tiger Trust. The project proposal submitted by Constellation Property Group could be easily revised to accommodate a similar, but reduced project. Consequently, staff would not recommend one proposal over the other since either concept could be revised and designed for the respective sites controlled by either party, while achieving the City and CDC goals for the redevelopment of entire block. Since both developers are qualified and able to proceed without CDC financial assistance, staff does not recommend CDC participation with either development proposal at this time. Project Proposal Comparisons Revolution Rl Constellation Property Group Project "A" Sea Breeze Properties / Tiger Trust • • 72 residential units (4 lbd, 68 2bd) • • 82 residential units (12 studio, 20 lbd, 36 2bd, 14 3bd) • 24,395 sf retail/commercial • 15,000 sf retail/commercial • 194 parking spaces • 103 parking spaces • 4:1FAR • 4:1FAR • 5 stories • 7 stories • 60' building height • 90' building height • 97% lot coverage • n/a ITEM #21 4/4/06 REQUEST THAT COUNCIL TAKE A POSITION ON IMMIGRATION LEGISLATION (MAYOR) A11ACHMPJ'T 9- iMPORTANT NUTS: 111111 pulps Fr/ / REVOLUTION - NATIONAL CITY, CALIFORNIA for the constellation property group Development Proposal OCTOBER 2005 PROJECT INFORMATION: DETAILED SCOPE OF WORK REOUESTNO PERMIT FOR D9IOLMON OF 2 EXISTING RETAIL/COMMERCIAL BUILDINGS. EXCAVATE SITE FOR NEW SUBTERRANEAN CAR PARKING STRUCTURE FOR 104 CARS SPACER. CONSTRUCTION OF 72 NEW DWELLING UNITS CONSISTING OF 4B SINGLE LEVEL CONDOMINIUMS AND 24 LOFT STYLE CONDOMINIUMS. CONSTRUCTION OF 24,395 eplt(APPROXIMATELY) OF NEW RETAIL/COMMERCIAL SPACE. STREET IMPROVEMENTS CONSISTING OF LANDSCAPING 8 PATFMJAYS. LEGAL DESCRIPTION OF THE SITE APN 556554-1800 APN 556-554-1900 APN 556-554-2000 APN 558i54-21-00 GENERAL INFORMATION NUMBER OF STORIES: 5 OVER 2 BASEMENTS CONSTRUCTION TYPE: TYPE I FIRE RESISTIVE CONSTRUCTION OCCUPANCY CLASSIFICATIONS: R1 RESIDENTIAL APARTMENTS 83 PARKING GARAGE LOT AREA: 35247 SO FT (appossneleIy) LOT COVERAGE: 9774 (epposelet0 ) HEIGHT: approximately 917 BUILDING CODE: OCCUPANCY TYPE: CONSTRUCTION TYPE CALIFORNIA BUILDING CODE (CBC). 2001 EDITION NATIONAL ELECTRICAL CODE (NEC), 189E EDITION UNIFORM MECHANICAL CODE (WC), 2000 EDITION UNIFORM PLUMBING CODE (UPCL 2000 EDITION UNIFORM FIRE CODE (UPC), 2000 EDITION CRY OF NATIONAL CITY MUNICIPAL CODE 2004 MULTIPLE HOUSING IIMT TYPE R-1 UNDERGROUND PARKING TYPE S-3 TYPE V- ONE HOUR RATED FOR RESIDENTIAL AREAS_ TYPEI -SUBTERRANEAN GARAGE. PROJECT TEAM: OWNERS REPRESENT/GIVE - Can91Bil9MNn Pm9MY CeNP 94ATCITY 1201) LP 1133 Columba 81. SUM 1D1 Bon DN00 CA 92101 Ph: * 1 6192343032 Fs:+1 6192349514 Canted: Wayne 11NN ARCHITECT - M9rdI6M * P611MIe Inter e/lora 1133 Columbia SL Suite 101 San Diego CA 92101 Ph: * 1 819 2543032 Fk: a 1 510234 354/ Contact. Mathew Cunning STRUCTURAL ENGINEER- K 00 00naping Engineers 3131 Camino Del Re North. Suite 1080 San Diego CA 92106 Ph: *1 619 5218500 Fs *1 619 5218591 Contact. Ere 1543 kW ENVIRONMENTAL & GEOTECH - Conehudbn Testing Ergnno wg (CIE) 2414 Vineyard Avenue, Sues Escondido CA 92029 Ph: *1 760 7464055 Fs *1 700 7468508 Contact Dan Meth CALL ENGINEER & SURVEYOR - Feys1 Diergn Glum 7533 Clear Sky NI Son Diego CA92120 Ph: *1 6195480644 Content Tine Fey>bsldeh LANDSCAPE ARCHITECTS - Mdbluu9h Landscape Architecture Inc. 983 Fifth AN, 8146201 San Diego LA92101 Ph: N 619296 3150 Fr. *1 010 5017125 Conlon: Da ld McCullough SHEET INDEX ARCHITECTURAL A 1.01 A102 A 2.01 A301 A 3.02 A303 A304 A305 A 3D8 A3.07 A 3.08 A4.01 A4J12 A4.03 A4.04 A 5.01 COVER SHEET TITLE SHEET * VICINITY PLAN SITE PLAN BASEMENT RAN BASEMENT 1 PLAN LEVEL 1 RAN LEVEL2 PLAN LEVEL 3 RAN LEVEL 4 RAN LEVEL 5 PLAN ROOF PLAN WEST ELEVATION EAST ELEVATION NORTH ELEVATION SOUTH ELEVATION SECTION A -A & 8-5 mommhwi.wb, Tusiera J.Y mi4Y mmet,.W rMl MNYNYb bhYAW bhe✓1.b, ef is MdYY lap a s.qh NYhY, M.,ya b1 plYe lb. 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M.. • now.....s u.m'4r W.111/1£•MINOS MIENA1mN4111C. 20.10A6 w19aTEXCYREaw OE.rnaman �r marchese + partners international mn (Apo 112199 mU�aoCa.V..l sum 101 ..^ &wpm viol ph. +10192361923A 9092 h +1819294 WW1 9890110. 7,107 moult ap..t 0011022 M' n2090 00 ph +81298221975 r: 4010298295788 we.: ww.mrMr.ep.Nsecan ..m11: 00082mrd4Npama1.Com CLIENT CONSTELLATION PROPERTY GROUP (NAT CITY 12TH) LP CONSISTENCY REVIEW PROJECT REVOLUTION NATIONAL CITY, CALI FORNIA DRAWING TOLE BASEMENT 1 PLAN SHEET 5 OF 16 r=1P 04070 DATE OCT 2085 CIRAWNO A 3.02 KK .wMd.vpr Ova 1.1•RindebRI LOADING SPACE RETAIL R 161 11392IP EL AS 9£ POTENT FUTURE' ECTION TO TIAL PROJECT •w ° PROPERTY LINE a�l ►.RS r mmuffismerdr NATIONAL dITY SVSDMSISLE RETAIL AREA R1.03 1159E fr EL MT RETAIL R 1.01 18919' EL ST OULEV D 9f 1/4 IMPORTANT NOTES: m.t wwNnes. awn ...... n4beau/.b ammo:earn d o• Mart m..mom al.•�yy..ee. seN•wer.ao... llooprm .WwfidMIPtlEE. PARTNERS NI9WtlgVL1C. 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PROPERTY LINE 2601" NATIONAL CITY BOULEV ' D Ad .bp 1111! �ERNe �I� ■ L NNNI Ica 0:1 JVI�6IIII1N11111 Ica 11911r, L. 6M n iMn n MEIIIIME 11/ .N.e, . a N 11 m a b LU ce N IMPORTANT NOTES: do uWpu.wb.10. 1 NY.. aN Mtlitl I+ssp...u..a.pwn an..p.rrna TYd.b9.w,* NPnTMI tl_ W,wl M Ib wlppE,xy PM1? ep,l Nepy amm L ITNLYREYEp DATE L �r marchese + partners international ranal lege. & 1133 mumble mast, BOM 101 earl loses ca 92101 ph: +1519 234 3032 N: +10192949541 weary lawn, 107 moult stoat noes apley naw2050 Mr .810238224375 1c .5102 88285758 esb: w_w.maNrupemoas.Dem amen: 111b®mN110..pntM1l.00m CLIENT CONSTELLATION PROPERTY GROUP (NAT CITY 12TH) LP Rx PHASE CONSISTENCY REVIEW PROJECT REVOLUTION NATIONAL CITY, CALIFORNIA DRAWING TITLE LEVEL 5 PLAN SHEET 10 OF 16 8CA15 116'=1P DAZE OCT 2005 DRA KK 0111CPED IR. Sr 04070 A 3.D7 MIME 23, PROPERTY LINE 260Y• PROPERTY LINE 2601' � Q Q IK,1• NATIONAL CITY BOULEV ' D RP ▪ a IMPORTANT NOTES W ade*lanawYs � aw.e..ron r. w d.m.wnw.ww Nidww.dwbrbrt MiandINWAYrt msl Win M *WHEW ix woe Hoi1Nq.. W AWW 1 A'IOdi WMd1ElILY alc marchese + partners international ..n d.go 1133 ctlunbe .beet, wito 101 Ian Sege n 82101 pk.18102348332 10: 115102343544 .3dneY IOV.I 7.101 mount eLeet north 4rane2 now 2080 plc.810288224315 h: 03102 HZ 5703 Rob: rimanerolMeepatKKn.00m emel: indomara 0pw10 a_bom CLENT CONSTELLATION PROPERTY GROUP (NAT CITY 12TH) LP KK PHASE CONSISTENCY REVIEW PROJECT REVOLUTION NATIONAL CITY, CALIFORNIA DRAWING TITLE ROOF PLAN SHEET 11 OF 16 BONE 1N6'=iR DATE OCT 2065 NN I]ElY.HI It 8l 04070 A 3-06 WILE ROOF V EL81T LEVEL5 ELB1T LEVEL4 ♦ EL 71T LEVEL v EL51T LEVEL2 ♦ EL 51T LEVEL 1 BASEMENT BASEMENT p EL36T EL 23T V EL 147 11TH STREET WEST ELEVATION *ups _a_ alr Bahama rorwsa. imelpowne ken onrr EWre .rn Maaab blaiY0r,40 12TH STREET %PORTANT NOTE6 mra.abesaw r.ncl.b. b r u.u.e onrere o.rrae clot ivpsbo- bW.1 ter N/onati M.P. i.v.raronprurien anaae,. r clean eAM9bnL.WY,pre oyaosulb, mvl ro1M.Ira.er.l.,,a uner salNrr awNy..NRC EBE•PIATM9E ME W110 1. MC. 1 201006 Oorinance iEW 1 a,< I [Eammo0 iY marchese + partners international nna1.OG 1193 Cali elf Elnet, sate 101 son Own 82101 ply .1 510234 2092 1e ♦15102349544 p5,d pB lime 7, 107 moult street north s1dnep rpm 2050 ph:+810200224975 14 .81028028 5188 Dab:.wn.rremne.prinenDoem PRO: ln5onrcnlaprInemcon e. aENT CONSTELLATION PROPERTY GROUP (NAT CITY 12TH) LP PHASE CONSISTENCY REVIEW PROJECT REVOLUTION NATIONAL CITY, CALIFORNIA ORA1Nr4O11RE WEST ELEVATION SHEET 12 OF 16 SCALE 1/18°,1TP DATE OCT 2005 DRAWN KK MECUM R9l Joe r10 0R*WN0 No. 04070 A 4.01 1 IMPORTANT NOTES: EAST ELEVATION *Ew. Mp+iwT.NwbY Dam.* ha Emma Al Ysmbb WO* 0.. TOrs Ibw.i b 4 bwi4 b Oa.nll'm J N Mtli¢ Low 1IbJVPoopy I..wh1h.Opnwv Ow ..OloMn mn Mb. MOVE Owb.vr0�/OOby. Atl�� Won. NM1@F •PAR11@S NIERVaGYLNG 1 2E1006 WIpR1ENCY10_i4W rRNev.I DATE I DESCRIPTION -r marchese + partners international WIa996 1199 tlreol, WY 101 min 6090 e6o of 921111 ph .16192949092 h: •1619 2949541 EY61Ey level 7.10Tmount *set noM sytay law 2060 ph: e61029922 4375 N. M1029929 5166 web: WNe4 vohnotoE16Nlt001n omit inb®IE.RJ'b..5er41N9 02Il CLIENT CONSTELLATION PROPERTY GROUP (NAT CITY 12TH) LP PHASE CONSISTENCY REVIEW PROJECT REVOLUTION NATIONAL CITY, CALIFORNIA DRAWING TITLE EAST ELEVATION SHEET 13 OF 16 9C*E 1016 =10` DATE OCT 2005 oRk6r1 la a1MIED R SI 04070 0991MN0Ib. A 4.02 WYE 1 IMPORTANT NOTES mnria•••1 pontlinion ... NORTH ELEVATION NATIONAL CITY BOULEVARD B V EL91T ROOF 17 EL B1'T 0 LEVEL 7 EL 717. LEVEL! V EL61T LEVEL 3 V EL51T LEVEL 2 LEVEL 1 V EL 237. BASEMENT 1 e, EL14'T BASEMENT2 lord*Ian *tip ..eY..Y.1401Me W LO.<mo .. Wm. A. de.,*re.emW ut.r.rnew.wr.z INrb, 1 ofe.a 11•m.s.....new a__ �mora+mee.n.o wau..�..n .MvIMNGEBF• PN(n6B MF1P1.19YLR'. M1LID WMIRIEILYIEMEW mere 1 CATE I ocansmon marchese + partners international man diva 1133 WlmOe EVEN, wle 101 san Oleos 002101 ph: •16102343032 h: 116192343514 . Way level 7.107 mount greet north gde3 flaw 2000 pit 161 026 l43T5 k: 011 020225766 web: ww.mamhesspe tnenoam e mir inbgmwtltrepreeus.mm CLENT CONSTELLATION PROPERTY GROUP (NAT CITY 12TH) LP PRASE CONSISTENCY REVIEW PROJECT REVOLUTION NATIONAL CITY, CALIFORNIA DRAVONBTRLE NORTH ELEVATION SHEET 14 OF 16 SCALE 1Nr-TV DATE OCT 2005 DRAM KK 04070 IIRA0R0 No. A 4113 NATIONAL CITY BOULEVARD It rm.n me..e wroa..mw m.w no p.6YX ...Panora morose wr.m.. .m ma 6..Hir� ...mnumnm,.. •.memmml.:a� EL 917. LEVEL 1 EL 237. BASEMENT EL 14T BASEMENT 2 SOUTH ELEVATION 4.m pan 12b r.a bare ..m..m.am.r Mr.f Y_M].b6onmmes y InNtlYp . NY Yr.pmM.rnGY,.a.. l.lm.,.y,r♦ U*tfd ml.r4ptl ¢v��d.b.R� .wnaMOM. .wmlae r6au.iv..L.c marchese + partners international man diva 1133 VA.* Oast, suite 101 .an dap 0002101 pk •16102313032 fr .16192313614 •M-Y blel7, 107 m0.ml street rbAi sldby nax 2060 7 r.610200224375 6c *810290205786 CLIENT CONSTELLATION PROPERTY GROUP (NAT CITY 12TH) LP REVOLUTION NATIONAL CITY, CALIFORNIA LEVEL4 ♦ EL71T LEVEL3 ♦ EL61T LEVEL2 ♦ EL517. ROOF ♦ EL91T LEVEL EL81T LEVEL4 ♦ EL71T LEVELS ♦ EL81T LEVEL2 ♦ EL51T LEVE 1 ♦ EL 387. BASEMEN-1-1 , EL 237. BASEMENT m 'EL71T a V EL61T 26 V EL51T PETAL _VEL36T 17 EL 23T 10 p EL147' tla n.u..e na wl m nideowd am*. Near imp 2e 26 1 IH WNW romp IMPORTANT NOTES: Now we* Rams am l.^s•..A t wa ..P..m m.a.no EmdWe..dme.f.e.eWY.ltl..a . nono ..• .Mci.tl NN14nEME. PAWNERS meaeeapieC 20.10m wwmncrmOEw PCeemN I DATE I OLSZRIP<5 marchese + partners international ..ndlgp 1133 Aram Weal, sole 101 Ben Pep se92101 ph+1 6102343032 12 +1 6192343614 ▪ 7 1.4.17.107 mount Weal n orth 96 5+Oe7nw2060 ph+610296224375 65+61029929 5786 — ws.m54415 eaRMleppm mail: m106prerchns.nnen.mn CLIENT CONSTELLATION PROPERTY GROUP (NAT CITY 12TH) LP PHASE CONSISTENCY REVIEW PROJECT REVOLUTION NATIONAL CITY, CALIFORNIA ORAIANG 711LE SECTION A -A & B-B SHEET 16 OF 16 85.1E 1Mr-1P GATE OCT 2025 DRAWN 19( R SI JOB No. 04070 CRAYNGNm A 5.01 SEE 1 March 13, 2006 Mr. Raymond Pe, AICP Community Development Commission 140 E. 12th Street, Suite B National City, California 91950 SUBJECT: Owner Participation Proposal Application —1145 National City Blvd (APN 556-554-21) Howard M. Blackson 111, FIUD" Its - HB3 Urban Design :: Urban Planning 3620 301h Street, Suite E San Diego, California 92104. 01 ' . 619.298.1755 office1 619.342.6092 cell S " • 619.234.0318 fax . www.hb3urbandeslgn.com, at 44 hb3urbandesign@sbcglobal.nef !la Dear Mr. Pe: Enclosed please fmd the Owner Participation Proposal from the Tiger Trust, the owner of the property at 1145 National City Boulevard, National City, California. Please understand that in submitting this Owner Participation Proposal, the Tiger Trust is in no way acknowledging or admitting the existence of any "blight" conditions with respect to this property, nor making any representation to the Agency regarding its ability or willingness to disrupt any existing leasehold relationship with its tenant, Enterprise Rent-A-Car of Los Angeles, on the property. This submission is made for the purposes of preserving the Tiger Trust's owner participation rights in the event the Agency determines, or continues to assert, that the property is blighted. Moreover, this submission presumes that the Agency would undertake all necessary arrangements, including arrangements for compensation, in the event any relocation or other acquisition of the existing tenant's leasehold rights were to be acquired for any proposed redevelopment of the property. In addition, please be advised that we are effectively submitting two Owner Participation Proposals, Project A and B. One Proposal, Project A, is entirely consistent with all applicable provisions of the Specific Plan. Alternatively, because the City has previously provided the Constellation Group with an exemption to the height limitations contained within the Specific Plan, we also request an exemption to the height limitation, Project B. We can identify no policy purpose, and believe none exist, as to why one developer would be able to obtain an exemption from the height restriction and an adjacent landowner would not. Due to our request for exceptions on Height and Floor Area Ratio, we request the opportunity to speak with CDC Director, Hank Cunningham, to review both our application and the process required to proceed with our proposal. We wish to ensure that both proposals are reviewed equally as we stand ready to deliver either project. Sincerely, Howard M. Blackson III, FIUD, CNU HB3 Urban Design :: Urban Planning Tiger Trust Financial Feasibility Analysis Economic Impacts Business Sales (direct and indirect) Eanings l Wages(new residents 8i retail employees) Retail & Household Employment (direct and indirect;' in annual FTE's) Fiscal Impacts Property Tax Increment Residential Property Tax Increment - Cormrnerccat Sales Tax - Direct, Indirect, Induced (Ctyshare only) Total Annual Fiscal Impacts 3/13/2006 (annual} Upon Completion $11,571,306 $3,138,218 112 $425,685 $39,335 $34,189 $499,189 Prepared by: Gafcon, Inc. Financial Feasibility Analysis Based on: 20-Story Design (in 2006 constant dollars) Economic Impacts * Business Sakes Eanings 11/Yages Construction, Retail & Household Employment (annual FTE's) Fiscal Impacts Property Tax Increment- Residential Property Tax Increment - Canrnerci®l Sales Tax - Direct, Indirect, Induced (City share only) Total Annual Fiscal Impacts ** econ°olic Impacts based on RIMS-Ifmethod 3113/2006 (annuat) upon complete $17,234,130 $4,548,263 156 $1,021,726 $39,335 $36,424 $1,097,485 Prepared by: Gafcon, Inc. OWNER PARTICIPATION 1145 NATIONAL CITY BO PROJECT MITTAL PAC CITY OF NATIONAL CITY, CALIFORNI COMMUNITY DE ELOPMENT CORPORATION TWO M A. 82 PROJECT PROPOSALS R RETAIL 1446 NT 1/16/14111"11WlitlittilibliblibISISSLIVISSIVittb . Developer Team A. The Developer B. The Design Team C. Key Associates 82 DU Plan I Conforms with Downtown Specific Plan 2. Development Summary 3. Developpment Concept 4. Pro -Forma and Financial Worksheets 200 DU Plan I Height Exception Required 5. Development Summary 6. Development Concept 7. Pro -Forma and Financial Worksheets 111 111 a. 111 111 0 DEVELOPERS • < co 0 V4041. 010,01P gifytiwg , ge, `.4400.4.0,40 t.ttUtttt11ttti.t1.ttttttttttttttttttttttttt s:A.'''ItyLISS"L"Ilttt'VtilitttLI'llii% Development Team The Developers The Developers are Sea Breeze Properties and Moises Abadi. This pair combines extensive multi -family, mid and high-rise residential and commercial development; local and international experience; financial strength which is drawn from local and international equity and leverage resources; and a commitment to build high -quality successful projects. Sea Breeze Properties is a full service real estate development company, specializing in creating unique real estate development opportunities in San Diego. Gary Levitt, the founder, has over 20 years of real estate development experience. He has overseen the development of over 1.2 million square feet of commercial and institutional projects and developed dozens of residential estates throughout San Diego County. Prior to founding Sea Breeze, Mr. Levitt was a partner at a local commercial development company, Joseph Development Company where he oversaw $120 million of development projects. Current Projects have a development value of over $600 million. Moises Abadi was bom in Panama and is trained as a Civil Engineer. He has over 25 years of residential, commercial and industrial development experience. In 1981 he co- founded Constructura Abadi-Salomon S.A. and developed 200,000 square meters of industrial park in Colon Panama, and two high -ride condominium projects in Panama. In 1989 Mr. Abadi founded Grupo Moipa, a large scale residential and commercial. developer based in Mexico. Through Grupo Moipa, Mr. Abadi has completed six condominium projects in Mexico City ranging from 9 to 25 stories. Currently, Grupo Moipa has three active residential projects , a 680 unit condominium complex in Tijuana, a 260 unit condominium project in Rosarito Beach, and a 135 unit executive apartment project in Mexico City. The value of his active projects is $270 million. PER TIES Combined Development Team Experience: Urban In -till Residential/Public/Private Partnerships --St. Isidro Executive Apartments Mexico City 135 Units 22 stories Construction Value: $20 million Site: 14,000 sf Developer: Moises Abadi (Grupo Moipa) Financing: Private Equity Completion: May 2006 Residential: --9 Building Condominium Project Tijuana, B.C., Mexico 680 Units Value: $150 million Site: 330,000 sf Developer: Moises Abadi (Grupo Moipa) Financing: Private Equity and Lender Banorte Completion: Estimated in 2009 --Rosarito Condominium Project 260 units Value: $100 million Site: 440,000 sf Developer: Moises Abadi (Grupo Moipa) Financing: Private Equity Completion: Estimated in 2008 Mixed Use/Master Planned: --University Center San Marcos, CA 1,000,000 sf retail 600,000 sf Office 500 residential units 300 hotel rooms Site: 150 acres Value: $200 million Developer: Sea Breeze Properties Lender: Equity used for Land Acquisition construction Planned Completion: 2009 Commercial/Office: --Old Grove Marketplace Oceanside, CA 260,000 sf Shopping Center Value: $25 million Developer: Sea Breeze Properties Lender: La Jolla Bank for Construction. ING Completed: 2005 --Plaza 56 Office Complex San Diego, CA 668,000 sf Class "A" office Value: $200 million Developer : Sea Breeze Properties Lender: Wells Fargo Bank Completion: 2007 ;I 1L% Examples of Development Team Projects PleintiVinviaabookr, NiA.74,AnN0410itt "r4 INIIPritimprgr -bbmiSfIbMbb-MM, Mm, WYn- ',NINTWA Me,44 .14V• fittittlinflffffttriffftftrffrn -''' '''..:101114141-STITSIAAlltia4lbilltliiiiiibiloiliIII711111 CREST° ENGINEERING, INC. June 7, 2005 Mr. Ben Martinez Community Development Commission CITY OF NATIONAL CITY 140 E. 12th Street, Suite 8 National City, CA 91 9S0 SUBJECT: Letter of Reference for Mr, Gary Levitt - Sea Breeze Properties Dear Mr. Martinez, i have done business with Mr. Levitt and Sea Breeze Properties for most of the last Four years During this time I have developed nothing but the utmost respect for the way Gary has been able to successfully grow his company while at the same time exhibiting a high deyree of professional expertise in rnultiple facets of this business. Gary consistently maintains a high level of ethical standard, and his obvious hard work and creativity make it a pleasure to do business with him. He is a. valued Client of ours and we look forward to years of continued work between Stevens (-Jest() Engineering, Inc. and Sea Breeze Properties. Feel free to call me with any questions. Sincerely, STEVENS CREST° ENGINEERING, INC. BROKERAGE SERVICES 4415 Margate 141411, Strife 200 ,Fax 1)11,1a, C.:4 92121 85S.452.6500 45S:1523206 .1,,r.bxrfthatmalcsm1e..m hone 7, 2005 Mr. Ben Martinez Community Development Commission City of National City 140 I. 12th Street, Suite B National City, (:A 91950 I)or Maniocs, We have done business with Mrs Levitt and Sca Breeze Properties consistently over the last twelve years. Ihning this time we have developed great respect. for the way he has successfully grown his business, exhibited a high degree of professional expertise in multiple facets of this business while maintaining a level of ethical standards. /Es hard work and ample creativity make it a pleasure to do business with biol. We look forward to years or continued success with Gary and Sea Breese Properties. Please call any one of us with any questions or to further discuss Gary I teViLL Sincerely, Mark Wayne Principal 838.550.5640 Itandla. Stew Wolf Principal 8513.5543.5685 jin; 23.105 Mr, Ben Martinet Community Development Commission City of NAtiOrislCily /40 East 12th Street, Suite B National City, CA 91950 Dear Mr. Martinez: We are writing to confinn our strong interest in partnering with Sea Breeze Progenies, LLC in their proposed Heritage Park Plaza project in National City and providing the equity fonds necessary for the success of this project. Shamrock Capital Advisors, inc. is the manager of the Genesis LA. Real Estate Fund. LLC and the Genesis Real Estate Fund 11, LLC. Our trtiS5i011 to provide capital for projects that will have a positive economic and social impaer on low and mealerete ineoine communities in Southern California. Shamrock is the inve,sonent arm of the Roy E. Disney family which funds both piiivate equity and real estate transactions. Based on our discussions with Mr. Gary Levitt, the principal of Sea Bt'ee/,e, who has come highly recommended to us, we are confidant that the Heritage Park Plaza projett will he an excellent match with both the oi)jectivtii of oui Genesis Real Estate Fund and Cite skills and focus of Sea Breeze. An investment in this paiii,Nit would, of/course, be subject to the completion or the usual due diligence and documentation process. We look forward to the opportunity to meet with you and the other decision makers. at the City to explain further our involvement 10 INTS011 and to give you the assurances that you will tined in order to understand why this opportunity so clearly meets the goals of our fund and the purposes for which it was formed. Sincerely. Mark Schaffer Managing Di:moor shorrirtock t :opted mkulitines, 44441 4256 ZeSF, Dan Runyon Principal 858.558.5635 June 2, 2005 Mr- Benjamin Martinez Executive Director City of National City Column 140 East 121h Street, Suite B National City, CA 91950 Dear Mr. Martinez: Development Commission HSBC Private Bank 4X0 We have been asked by Mr. Moises .Abadi to provide a financial reference in connection with his proposed real estate redevelopment project in your City. Please be advised that Mr. Moises Abadi has been a client of HSBC Private Bank since 1994. Ile has always been, and currently is, in good standing with the bank. Over the past 11 years we had substantial dealings with Mr. Abadi. In all of such dealings %Ye have found Mr. Abadi to be tbrthcoming, reliable and of good character. Mr. Abadi currently has combined assets placed with the bank in the six figure range. IISIIC Private Bank and its affiliates provides private banking and trustee services to high net worth individuals and their families through 70 locations in the Americas, the Asia -Pacific region, Europe and the Middle East. Combined client assets under management were USSS304.3 billion at 31 December 2004. We employ over 5,500 staff worldwide. We are happy to provide our reference in support Mr. Abadi. Please call if you require additional information. Very truly yours, I � A HedfvZlugrab( v Vice President, International Private Banking HSBC Private Bank A division of HSBC Bank USA 452 Fifth Avenue, Tuwaf 6, New York, NY 10018 T 1-212-525-8200 F 1-2 i2-525-6603 JUN--06 200S 10:54 Safra National Bank of New York Miami Bnsol June 5. 2005 kk: National City Boulevard Development Projc : bur. Abadi Dear Mr. Martine: Salta National Bank of Ne r Yer) numagement services for high act funs, ides speaafewed asset and small) and institutional We have oe:n informed that our client, Mr. Moises Abadi, is a member of a. development tear,) proposing to build a sa6slantini mixed -use development project in the City of National City, California MY, .Ahadi has Been diem of Sera National Batik of New York for the last 3 yeses. iic has multiple accounts with the bank with current combined assets io the kw to medium ? figures. Mh. Abadi has conducted Ins inutile -as with Safra National Bank with Ilk utmost integrity, respOnSibility and respect for general bank requirements and the specific tcrrns of our banking arrangemrrus. We icnk forward r> au ongoing relationship with Mr. Abadi and the opisnturtily to s -vice bii future Financia needs, Please do not hesita(c to cote me if I may be of further service, David Waxman Senior Vice rr+'5ident sotit avant-gra Blvd. nveuterashl, asrr€o TC. f3xi?y LFi.-3l34 €ass (MS) 6S2,385? P. 02 TOTAL e, t72 .iiitbAbbibleiliVIIIIIIItinliiiiiiiiiiiiiiiiii KEY ASSOCIATES --Sanford R. Goodkin: Sanford "Sandy" Goodkin is the lead advisor and consultant to the development team. Mr. Goodkin celebrates his 48th anniversary in his profession of real estate consulting and analysis, during which time he has been involved in over $50 billion worth of real estate development and studies. He is an internationally known analyst, author, economist and futurist. In 1991, after the completion of his merger and early retirement from KMPG Peat Marwick, he re-established his consulting practice, which includes mentoring highly successful entrepreneurs seeking new vistas, asset owners needing personal strategies, and overall feasibility analysis. He has done studies of the Baja California, Mexico region; and analyzed the implications of the year 2000 election on Mexico. Ile specializes in analysis of investments and development in Mexico, and has a wide range of associates and contacts throughout the country. He is on the Board of Directors of the Olson Company, which is the leading developer of urban housing. He has assisted in the structuring of Pan. Pacific Retailing Properties, which is a publicly owned REIT, and one of the largest shopping center REITs in the Western States. Mr. Goodkin is a regular featured columnist "Perspective on Real Estate" for the San Diego Daily Transcript and wrote the "Real Estate Dynamics" column for Professional Builder Magazine for over 20 years. He has written over 2000 published articles and has received every professional award for predicting every major trend which has occurred in the field of real estate. His clientele is intemational and leading edge. He is featured writer for the largest real estate publication, The New England and New York Real Estate Journal, the largest publication of its kind, as well as San Diego Metropolitan Magazine, and a featured writer for The Institutional Research Reports. He has written or co-authored several books on land use and real estate subjects, including the best seller, Goodkin's Guide to Winning at Real Estate —selected by two book -of -the -month clubs, as well as land economics, commercial condominiums, and high -density housing development. Additional information regarding Mr. Goodkin and his consulting firm Sanford R. Goodkin & Associates can be found at www sgoodkin.con; --Tiger Trust: The Tiger Trust, Dolores liko, Trustee, owns the 12,000 (approximate) square foot parcel located on the southwest corner of the development block. The Ilko family has resided in the South Bay area for two generations. The family acquired the development parcel in 1994. In 1997 the family redeveloped the parcel into its current use, Enterprise Rental Car. The Trust will contribute the parcel to the development entity as a capital contribution. iikeiglelele114511111111111IIIIII-111111.111-13 motion Design Team Howard M. Blockson 111 FWD II WM .112 HB3 Urban Design q Urbon Planning 3620 30th Street SutteE 1111 Son Diego, California 92104 Kek I a 619. 298.1755 office,' r a 619,3424092 cellar'. el 619.234.0318Iax www.hb3urbondesign.com hb3vrbandesignttsbcgrobolmel !Air a /41, fisicon, hic. was formed in 1987 to provide comprehensive services in constmetion program management Athi XthitSt ruction-Ntated claims support, fhis core expertise is in managing consple:a snjcco tivities. With more than 90 accomplished professionals serving, both in-house and oni site, our size provides us with the aptitude to meet our clientsneeds efficiently and effmitivish:. We take pride irs our longstanding professional relationships with out assssfiates and -specialists in the field Our philosophy of project management is to function strictly as the owners' representative and to manage the designers and construction contractors on behalf of the owner. Our management practices ensure projects are completsxl on time, Within budget and that they adliere to the highest quality possible:. This approach is the trademark of Oa teori's project management methodology Our busineas practices have carried Garcon a reputation of superiority and reliability, one that is unmatched in the construction management industry. e ro Towers Gafcon is highly experienced in manning private and public sector projects, oiler, under critical time pressures and strict budgetary constraints, Each unique project brings distinct needs. Despite project individuality, one similarily runs though all of Garcon's work, From the earliest gage., of each project, fiat's:on pursues 5 prmentiye approach to cost overruns and schedule delays and strives to achieve the most practical and cost-efficient arrangement for each project. Ast consultant, at.- also supply the expertise as 10 manpower the client needs without adding permanent employment obligations. Owners are best sensed when management services begin early in a construction project. .During the pre-cOMMUCtiOn phase of a project, our scansices include program planning, assistance in selection of a site, an architect and the development s.)f a design schedule Constructability review and analysis vast estimating, cost tAtlitilth, a1ue engineering: information management and deceit -mason of strategies his construction bid packaging are also services clients may utilize. These arts all vigilantly- and periodically monitored and. if needed, reassessed to fit the best interest of -the client. On firat is confident that our clients' needs arc not only met, but exceeded in every facet Downtown Las Vegas Urban Design Framework Plan (HB3 1 Opticos) Gafcon, , Projecp. Alte, ,AAA AI,AAAAAA:bo- -PA-S Proipt-Ari, L.JcZ Cttho,A-A. PA:111, IAA tilivw I "we,. Nviare titittl,,, A AtA,,,,x!AIA A,AA,AASr ,,t , ( POirM on.jOrq,,,ng' !,SMS .u;jr tee4A,AkAd nttAAAAW,A thAr.vn.TAAA,r1A, HB3 Urban Design ;; Urban Design Dingley Designs 1r DESIGNS RATIONS MODELS r , THEODORE w. DINGLEY 1 k,.. 4 4772 ORCHARD AVENUE 9.414 DIEGO. CALWORNIA, 92107 1.9 • 221- 9055 Working with diverse municipal, inStitutiOnal, and private clients who took beyond conventional short-term horizons: our nee -traditional urban design approach provides predictability in the development process, tiB.3 Urban Design Urban Planning advocates time -tested planning strategies that are proven to add value to a place one neighborhood, one block, and one building at a time, Trlithlthl A collaboration of urban designers, urban planners, and rational architects, Howard lassicsen, President of h183 Urhan Design :: Urban Planning, creates innovative town planning and urban design strategies in opposition in our currant suburban sprawling culture, Mr. Slacksori, as an associate of Mithaa J. Steprier, assisted or the development of National City's Downtown Specific:Plan. Vie are dedicated to correlating the balance between honest public processes and timeless desIgri principles. We understand the value (.4 time and money, and have developed design concepts to enhance the value of spending time and money in high quality oiacee, focus is on designing 'places' through collaborative efforts to craft land use codes, design sites, entitle. plans, and guide projects through the public process, Dedicated tc the value of the design charrette in concert with the agenda outlined by the Charter of the New Urbanism, our practice has proven to be efficient and cost-effective in arriving at consensus for pubic approval of innovative plans. Howard Blrickson ald Leo Cases have be Iraqruinental is developing quality places throughout California. Out design philosophy it centered on the following (mote from John Nolen, author of San Diego's first Comprehensive Plan, "A practical, sensible way of providing 3 place for everything with everything in its place,' School / Train Station f.,«towroor 4.44xt 114rgt.',61 (01) rArtt,,,410*„.„ migmeat,MgrteligaRn qi 3 A if 11 3 NIS 3AV 83A00 H a fittlittIttitt tt ttitittftttltftftttttttittt (4+2111,4rAittithill-004141 4iL'AtilihttAilkite.laithAMMAIN 1511114161611M334 , ^r-,t; • b24-4,gx ROOSEVELT AVENUE ,? =3 NATIONAL Akfara: A tp4AIN A 44 bt -I futoith WEAMVX :4141,1tIqpN, titin,441,4004,„, disi,hrlikeeildriattlItt° INA7,,,,,,o5Ravd, Solaria Beach Del Mar Project Site Coronado National Cit Chula Visl Imperial Beach ER .D got Connected to the Region Ion Valleylco Segmen By Late 1 1 Old Town Segment Ong Mid 1996" Coronado 1 Imperial & 121h Transfer Stafon113 2 Market& 12th 3 City College 4 Filth Avenue 5 Civic Center 6 America Plata Transfer Station f 7 Seaport 8 Convention Center West 9 Gaslamp/Convenion Center 10 Santa Fe Depot 11 Cour4y CIOLiMe Italy T Transfer Point 0 24th St Trolley 19 Station T'r' ^24th St =iioT A3' aam St fi 55, env Han Trarater to soute 55 O. on Si 1---- 1$ North See Centro City fneer South Line San Diego Imperial Beach Regional Transit Information: 233-3004 Si Barrio Logan S12 San Ysidrolntl Border S2 Harborslde S3 Pacific Fleet 54 Slh Street® S5 24th Street® S6 BaylronVE SLtE S7 H Srreetl7 SS Palomar SI.i1p, S9 Palm Avenue ID Sig Iris Avenue® Sit Bayer Blvd. Santee El Cajon La Mesa Lemon Grove East Line National City Chula Vista 1 ` 0 2.5 5 Miles NApproximate Scale TIJUANA is Trolley Stations ell Trolley Lines in Operation ES Mail Trolley Lines Under Construcion East Line El 251h & Commercial E12 El C*nTransit Center fP E2 32nd & Commercial E13 Amele® E3 471h Streeel E14 Weld® E4 Euclid Avenue(E 515 Santee Town Caller® E5 Encantot2nd SIt ES Masaach Setls Ave.]: ET Lemon Grove Depol ES Spring Street® E9 La Mesa Blvd. E10 Grossrnont Center ID E11 Amaya Drive I ®= ParMing ®= Pay Parking Regional Trolley Route Local Bus Route �,� if������i���������� PART II: PROJECT PROPOSALS PROJECT A 82 Dwelling Units Conforming to Downtown Specific Plan PROJECT B 200 Dwelling Units Height/FARExemption from Downtown Specific Plan 82 Dwelling Unit plus Ground Floor Retail Proposal DEVELOPMENT SUMMARY Project Description The project development program is comprised of 82 residential units of various types and sizes, approximately 15,000 square feet of ground floor retail space, and 52 subterranean parking spaces. Planned amenities currenly include the opportunity to place a 2,000 square foot community space for civic functions. The project's homes and commercial spaces are spread from 12th Street to 11th Street along National City Boulevard. The building's architecture varies in bulk and scale and is organized around around a robust base that references Brick Row, and lighter upper levels that references the new townhomes build in nearby on 9th Street and A Avenue. Buildings will rise to 7 stories, utilizing Type III modified construction with Tight gauge steel. The program inclues the following housing types: Studios, 1, 2, and 3-bedroom stacked flats, a 1-bedroom loft, and 1, 2, and 3-bedroom Towhomes. The streetscape will be enhanced, and the alley will be improved to act as parking access and pedestrian paseo. Restuarants are being designed on the ground floor to help activiate National City Boulevard. This project is in conformance with the Downtown Specific Plan specifications of 90' height limit with a Floor Area Ratio of 4 to 1. Unfortunately, the other half of the block was granted a height and FAR exception from the Downtown Plan and is proposed to be over 20 stories. The neighboring tower will overwhelm the historic district of mostly 1 to 3 story Victorian era homes and townhomes. Our proposal is an attempt to knit back together the urban fabric being ripped apart by the exempted tower project by being more urban along National City Boulevard, but of a lower scale stepping down from the tower neighboring both our project and the historic district. Land Acquistion The development team owns the corner parcel on 12th Street and National City Boulevard, currently an Enterprise Rental Car business. The business would be relocated under the terms of the existing lease. The other parcels would acquired through voluntary negotiations with the ownership. Once our project is selected, we believe the current ownership will be motivated to sell through direct negotiations. Entitlement Process Because the project already conforms to the National City Downtown Specific Plan height and FAR Requirements for the site, an expedited and efficient processing of local entitlements and CEQA compliance will be possible. We will work with the tower ownership to integrate the architectural quality and harmony. Our development team's experience in processing mixed -use projects in National City will assist in this process. DDA/OPA Negotiations and Terms The has substantial exerpience with the California redevelopment process and the wide array of psosible transactional structures that can be used to form "win -win" public/private partnerships. Under the terms of a negotiated DDA/OPA the Development Team will commit to a (1) Specific scope of development to assure high quality design and materials, and an enhanced streetscape; (2) timely implementation of project development milestones; (3) compliance with all City conditions of entitlement, including any and all required off -site improvements and development impact fees, (4) affordable housing covenants; (5) conditions on resale and retnal that discourage speculative investment and encourage owner -occupancy, and; (6) such other reasonable public amenities and benefits that can be supported by project economics. Project Financing The current project pro forma provides for a conventional financing mix of equity (20%) and debt (80%). As indicated by their financial resources, both Seabreeze Properties LLC and Moises Abadi have extraordinary access to both equity and debt resources. If additional equity becomes necessary and is supported by projec economics, it will be available. Based upon the current project description and pro forma, the Development Team will not require assistance from the Community Development Commission in order to finance the project. Project Feasibility This is determined by many factors: the talent and resources of the team, the cost of land acquisition and construction, the speed with which the project can be implemented with the quality and marketability of the project itself. Despite the short period of time to assemble the project, in contrast to our competition, we have assembled a project that 'pencils out' and is well -designed. This cost effectiveness is due to the the construction type in relationship to the market expectations of allowing for people from National City to live in National City. The variety of housing types allow for a variety of owner- ship possibiliites without necessitating public assistance. The project's consistency with the Specific Plan will expedite the time and associated costs of entitlement. Also, the project is respectful of the changing markets and demographics without resorting to out of scaled buildings. This project is the right scale proposed at the right time. Project A Summary 82 Dwelling Units in Conformance with Downtown Specific Plan Parking Retail Studio 1 Bd 1 Bd 2 Bd 3 Bd 1 Bd 2 Bd 3 Bd Spaces Flat Loft Flat Flat Town Town Town Home Home Home Sub -Level 1 51.5 Sub -Level 2 51.5 Ground 2nd Floor 3rd Floor 4th Floor 5th Floor 6th Floor 7th Floor DENSITY: 115 du/Acre (82 Units on 31,250 sf = .71 Acres) FLOOR AREA RATIO: 4 to 1 (125,000 sf Built Form, 1,200 sf per unit + retail/infrastructure) PARKING: 103 Provided 95 Required for Housing ate 8 Provided for Retail (Restaurant Uses on 15,000 sf) 20 Potential On -Street Parking Spaces PROJECT A (82 du) DESIGN CONCEPTS '-5rt ci Open Floor Plans to Allow for Access Open Spaces Throughout the Block Brickrow Housing Types Relating to the Interior Urban Townhomes Typical of National City „r Density That Doesn't Look Dense And Fits in the Character of the Historic District Massing that Respects the Neighboring Neighborhoods and Context 10401Pirtir1015" " N,1,1P,00,1111,11,,,1 it t t t t t t t ft t t f t let t t t t 1,,YNT11" S-T7JT.:--t 41,4014254WHOORtestam, '4141111110;167111407,111 Fw'orP 4,14 Ir,gti,;,,'Vr • EiritYpia o ' ilsostra ro 17.1!4` 4,4 i1JJiIIIIiJi1Ii OICHILS ta,k4=4-,,44 KIU 1MS 1 ?IOU I *"RjVVVilfaA*XVV.Xrt ,r44:0,1Rj st: *gad /106 I 11tIfi 3 BR FLATS HOMES pe pie me No ps po 4 4”- 4.1k0Vggh...g0ig..gg-r-toggi„ „41.04,40p*Ottitoiv,M04,440.'4, 411.100g00000001,0 &qffalt41784001A9MTV4 74kir 0.0 agitigg „.1 $g.„g g,;.g 4-tool> -01 IttlitittittittittiffittlitttttfttlittilLSO prtirlii0411r. ty.0 itlittWattelVtlaWe Itt,N7,13t ° ttAitttit l'istatttrottot, 13Yrt mt":31'N'Ae Llitit.11111-111 ° • 1, 4RiPtItt•WWk.t5titt.:1:ttltg #111411* - imgrirripm oyflorg r r ° titittitt ft titititt .'.',1".'s-i'w. • 4 a 4 3 1 6 4 i A 633 ilii'lltill1 ,..:. Conforms to the Downtown Specific Plan DOWNTOWN SPECIFIC PLAN REQUIREMENTS: FAR: 4.0 HEIGHT: 90' PARKING: 1.2 Per Unit on Average BUILDING TYPES: Restaurant/Retail/Housing ORGANIZATIONAL CONCEPT NATIONAL CITY DOWNTOWN SPECIFIC PLAN SAND Wt CAT7001TIRt ■ *o%*.axm} rasu..a • moron onto -nu 1-1 xLuJOP1$111 MAMMA. r<O.YnTrA3 RCSOnvrW. *true', Nostra.. nmauw.rt sMTar. VT s.911IIPANAj.ao.. Nrcr AKP-sf:E ROO MYAL 8 as 1ma Mast. unm. A rune 2 Ms,.}. cm rsx}am (W omsar m •am }ram 9 N t.W1 MM.V A MG Ph'SMIf} 3 4atom, ol. as (()t?haSRriErefxit.A .ve naSunEs 4 ,.sma cm aml(wa a(rrtw', oo.r. Sams 1 .am+aors,s mu,..ro n-nm5 , L 5a . Qft 04.1...: Rb5131 taut u Itsi s! rypu:a Flank iel 511O.10er.A ck &Je vsJ! 13 au°S.e'a("s=ay.�wu...nan m xa acel aus 14 .e`m':i'xi."a'i `rtw}s�' o.'.«� ev en BURD4O LNE (MAINTAIN STREET WALL) MID -RISE OFFICE OR MIXED -USE MEDIUM -DENSITY -- RESIDENTIAL STREET -ORIENTED RETAR STREET -ORIENTED RETAIL ... NATIONAL CITY BOULEVARD, Looking North, Between 12th and 91h Street ZONES 5 & 6 PROPOSED LAND USE PLAN NATIONAL CITY DOWNTOWN SPECIFIC PLAN NATIONAL CRY DOANTOWN SPECFIC PLAN BUILD -TO LINE STREETWALL SETBACK FOR PROJECTS FRONTING NATIONAL CITY BOULEVARD AND in STREET .75•,.}.,I�„a a, Sr,REET WALL MAY BE SETBACK FROM BUILD -TO LINE BEYOND 3-STORIES M.AI,NIA N STREETWALC TO BUILD -TO LINE 'OR THE FIRST 3-STORIES 3rd Floor 2nd Poor I }I floor I $33334)63/66 i3i /11ISI I 'V11111 1111 rr Page 1 of 2 National City Btvd. & Twelfth Street 35;1'00 4.00 140,400 242:00 $9©Os'QO 1.000 SF 1,000 SF -195- 22' 1,026 SF $ . NNN (Monthly) 3$$,40.0 ;% of gross re+r nue 8 0% of gross revenue $307.013 825% 200,132 34,022 1-7 _corefactor h 234,154 " months 12000 ,246;154 7.0 FAR ter..' `�_�" `"" `:9�..; _�`��t� s�,-> t,.E � months 4,864 me..;µ .C��<<;'_�'., •��_°'. `r 14;� - months 331,008 15 ��� :_ 10trpnths 8090% $57,699,931 7:75% 0.50�6 $483.00 $495, 712 ERi PROJECT A (82 Units) Financial Analysis Page 2 of 2 Amount Amount per Amount pera/a e� Amount per GBA Saleable Area Unit Gross Sales $3,510,000 $14.26 $17.54 $18,000 8.5% $902,758 $3.67 $4,51 4;630 0:9% $5,430,656 $22.06 $27.14 $27,850 5 4% $43,318,571 $175.98 $216.45 $222147 43.2% $1,560,000 $6.34 $7.79 $8,000 1.6% $1;024,240 $4,16 $512 $5,253 1.0% $3,917,717 $0.00 $0.00 `O $0 - �0.09fi $56,153,941 $212.21_ _ $261.01 : $267,878 52.0% $3369,236 $13.69 $16.84 $17,278 3.4% $2,340,000 $9.51 $11.69_ $12,000 2,3% $3,099,893� $12.59 $15.49 $15,897 3:1% $685,484 $2.78 $3.43 $3,515 0 7% $225,000 _ $031 $1:12$1154: 0.2% $76,140 $0.31 $0 38 $390 0.1% $248,625 $1 01 $1.24 $1,275 0:2% $2,416,694 _ $9.82 $12.08 $12,460,972 $50.62 $62.26 $63,902 124% $288,500 $1.17 $1.44 $1,479 0.3% $125,000 $0.51 $0.62 $641 0.1 % $270,403 $1.10 $1 35 $1,387 0.3% $2,524,120 $10.25 $12.61 _ $558,968 $2.27 . $2.79 : _ $2;867 0:6% $3,766,990 $15.30 $1882 } T $19;318 38% $75;891;904 $292.39 $359 63 $369,098 71.7% 663,756 $392.7 0 $483.00 $49$,712 96.3% $3,721,375 $15.12 $18,59 $19,084. 3.7% ($3,513,480) ($14.27) ($17.56) ($18,018) -3.5% $96,871,651 $393.54, $48404_ $496,778; 96:596 $20,979 747 $101.15 $124:41 $127; fiT9 ' 243% 11111111111115311113311.51-1511t1111111-114 PROJECT B - 200 Dwelling Unit Tower Proposal DEVELOPMENT SUMMARY Project Description The project development program is comprised of 200 residential units of various types and sizes, approximately 15,000 square feet of ground floor retail space, and 250 subterranean parking spaces on 5 Levels. Planned amenities include the space to place a 2,000 square foot community space for civic functions. The project's homes and commercial spaces are spread from 12th Street to llth Street along National City Boulevard. The building's architecture varies in bulk and scale and is organized around around a robust base below lighter upper levels with a clock tower on the corner for public viewing. Buildings will rise to 20 stories, utilizing steel construction and Type 1 techniques. The program inclues the following housing types: Studios, 1, 2, and 3-bedroom stacked flats, a 1-bedroom loft, and 1, 2, and 3-bedroom Towhomes. The streetscape will be enhanced, and the alley will be improved to act as parking access and pedestrian paseo. Restuarants are being designed on the ground floor to help activiate National City Boulevard. This project is not in conformance with the Downtown Specific Plan specifications of 90' height limit with a Floor Area Ratio of 4 to 1. Precedent is the other half of the block being granted a height and FAR exception from the Specific Plan and is proposed to be over 20 stories. The neighboring tower will overwhelm the historic district of mostly 1 to 3 story Victorian era homes and townhomes. Our proposal is an attempt to be more urban along National City Boulevard, but of a lower scale stepping up to the tower neighboring both proposed projects. Land Acquistion The development team owns the corner parcel on 12th Street and National City Boulevard, currently an Enterprise Rental Car business. The business would be relocated under the terms of the existing lease. The other parcels would acquired through voluntary negotiations with the ownership. Once our project is selected, we believe the current ownership will be motivated to sell through direct negotiations. Entitlement Process Because the project does not conform to the National City Downtown Specific Plan height and FAR Requirements for the site, we request an exemption from the Plan. Local entitlements and CEQA compliance will be possible. We will work with the tower ownership to integrate the architectural quality and harmony. Our development team's experience in processing mixed -use projects in National City will assist in this process. According to the Exemption Criteria, from the Specific Plan, we are including opportunities for Affordable Housing, Artistic Residences, civic spaces, and streetscape enhancements. Our project is offering to make a significant off -site contribution to neighboring public spaces, such as Kimball Park improvement or the Plaza area on 9th Street. CRITERIA FOR EXEMPTION FROM THE DEVELOPMENT STANDARDS A. EXEMPTION FINDING 1 - The project does not exceed the floor area ratio limit for the site. B. EXEMPTION FINDING 2 - The project includes a significant public amenity that would otherwise not be required. A minimum of 5 percent of the total Ieaseable floor space for the project must be devoted to these amenities. Such amenities may include: 1, More than the minimum affordable housing units 2. Rental space that is a minimum 25% below market rate for: a. Business incubators that provide job training b. Artists in residence, including studio space c. Public uses such as public schools or libraries, C. EXEMPTION FINDING 3 - The project makes a significant contribution to off - site public space in Downtown National City, such as street improvements, public plazas, public park improvements and other improvements that are called for in the Specific Plan. Credit will not be given for obligations that are already required of the project by other programs and district requirements such as business improvement district fees and tax increment financing. Project B Proposes the Following Criteria for HeightlFAR Exception: B) Significant Public Amenity, Civic Space, is Proposed Affordable Housing Above Minimum Requirements Artist Residences and Stuido Space C) Significant Contribution to Off -Site Public Space in Downtown National City We Propose Working Closley with the Community and the Community Development Commission on Details of the Exemption Criteria in our Proposals iavgiviqrirrPl3 !1,1:/t 44520,,,CiftTifire41,441P-, ,11, ..$4,4,tf,4..` Amp ,-„rew ' ' " ' *,*-^" '"4""W -47* !:",17.1 11„ r_27 r1"! ffsi5 amp „ oz r .4 tt tftttiffittitti ftttttilifftt tit tom wry"' 48811411661163418111114116531111111111 iI•41v1111;. 111141111.111161611641111144114111166111111411410 Entitled Townhomes Constellation tx. may:fp, 111A '0,44,"4.0441.4194 4:17"1111 .9044 lwxy4Y.04 • ,•=,"•,.•, 1,5 ft ttlittt ttttritttittrtrtt, ttiotett, weeemeseigie644444144.443113113 PROJECT B (200 Units) Financial Analysis Page 1 of 2 per 1,000 SF per 1,000 SF I,336" 200,132 NNN. (Monthly) of gross revenue of gross revenue 200,132 34,022 1"7% core factor 234,154 months 246 s-... 7,0 FAR 3months 334,008 4 ~ 14.5 months months 80.00% $57,899 ,931 7;75% 60%. $483.00 $495,712 & 416446 a3 1 33333344IIJI PROJECT B (200 Units) FINANCIAL ANALYSIS Page 2 of 2 Amount Amount per Amount per % of Amount per GBA Saleable Area Unit Gross Sates $3,510,000 $14.26 $17.54 $18,000 3=5% $902,768 $3.67 $4.51 $4,630 0.9% $5,430,656 $22.06 $27.14 $27,850 5.4% $43,318,571 $175.98 $216.45 $222,147 43.2% $1,560,000 $6.34 $7.79 $8,000 1.6% 024,240 $4:16 $5:12 $5,253 1.0% $3,917,717 $0.00 $0.00 , $0 0.0% $56,153,941 _ $212.21 - $26 f 01__. $267,878 52.0% $3,369,236 $13.69 $16.84 $17,278 3:4% $2,340,000 $9.51 $11.69 $12,000 2.3% $3,099,893 $12,59 $15:49 $15,897 3.1 % $685,484 $2.78 $3:43 $3,515 0.7% $225,000 $0.91 $1.12 $1,154 0.2% $76,140 $0.31 $0.38 $390 0.1 % $248,625 $1.01 $1.24 $1,275 0.2% $2,416,594 $9.82 $1.2.08 $12,393 2.4% $12,460,972 $50.62 $62 26 $63 902 . 12.4% $288,500 $1.1.7 $1.44 $1,479 0.3% $125,000 $0 ,51 $0.62 $641 0:1 % $270,403 $1.10 $1.35 $1,387 0.3% $2,524,120 $10.25 $12.61 $12,944 2.5% $558,968 $2.27 $2.79 $2,867 0:6% $3,766,990 $15.30 $18.82 $19,318 3.8% $75,891,904 .$292.39 $359.63 $369,098 71.7% $96,663,756 $392.70 $483.00 $495,712 96,3% $3,721,375 $15.12 $18.59 $19,084 3.7% ($3,513,480) ($14.27) ($17.56) ($18,018) -3.5% $96,871,651 $393.54 $484.04 $496,778 96.5% $20,979,747 $101.15 $124.41 $127,679 24.8%